Town of Dedham, MA Article IX Administration and Procedures

§ 280-9.1 Administration.

A. Execution. The Inspector of Buildings shall execute the provisions of this Bylaw, except where otherwise provided, and, in so doing, shall have the same powers as are provided for the execution of the State Building Code. He shall issue no permit for the construction, alteration, enlargement, reconstruction, moving, or raising up of any building or structure which would be in violation of any of the provisions of this Bylaw. Where authorization by the Board of Appeals is required pursuant to the provisions of this Bylaw, the Inspector of Buildings shall issue no permit until so directed in writing by the Board, and any conditions imposed by the Board shall be made a part of said permit. The Inspector of Buildings shall not issue a new permit or license for a change of use of a building, structure, or land which use would be in violation of any zoning Bylaw. Whenever the term Inspector of Buildings is used in this Bylaw, such term shall include the Assistant Building Inspector and authorize said Assistant Building Inspector to act in the absence or illness of the Inspector of Buildings or Building Commissioner, however the position may be designated.

B. Enforcement. Whoever violates any of the provisions of this Bylaw, or any of the conditions under which a permit is issued, or any decision rendered by the Board of Appeals, shall be liable to a fine of not more than $300 for each violation, and each day shall be considered a separate violation. It shall be the duty of the Inspector of Buildings to enforce this Bylaw, and for this purpose he may make criminal complaints or apply for injunctions to any court of competent jurisdiction.

C. Emergency powers granted to Building Inspector. In case of fire or explosion or destruction by other means in part or in whole of the living quarters of a resident or residents of the Town of Dedham, the Building Inspector may issue a permit for temporary housing for a period of not more than 60 days, provided the applicant has filed an application for a permit with the Board of Appeals.

§ 280-9.2 Board of appeal.

A. Establishment. There is hereby established a Board of Appeals. The Board shall include five members, residents of Dedham, one of whom shall be an attorney at law, one a civil engineer, one an architect, structural or mechanical engineer, or a master builder, or a person with 10 or more years of experience in construction or supervision of construction of buildings. The Board of Selectmen shall annually in April appoint one member to the Board of Appeals to serve for the term of five years commencing with the first day of May following, to succeed the member whose term will then expire. Vacancies shall be filled for the unexpired terms in the same manner as in the case of the original appointment. The Board of Appeals shall elect annually a chairman and a clerk from its own number. There shall be two associate members of the Board of Appeals, residents of Dedham, appointed annually by the Board of Selectmen. The Chairman of the Board of Appeals may designate either or both associate members to sit as a member of the Board of Appeals in case of absence, inability to act, or interest on the part of a member thereof, or in the event of a vacancy on said board, may designate either associate member to sit as a member on the Board until such vacancy is filled in a manner provided by this section.

B. Powers. The Board of Appeals shall have and exercise all the powers granted to it by Chapters 40A, 40B, and 41 of the General Laws and by this Bylaw. The Board's powers are as follows:

(1) To hear and decide applications for Special Permits. Unless otherwise specified herein, the Board of Appeals shall serve as the Special Permit granting authority.

(2) To hear and decide appeals or petitions for variances from the terms of this Bylaw, with respect to particular land or structures, as set forth in G.L. c. 40A, s. 10. The Board of Appeals shall not grant use variances.

(3) To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of G.L. c. 40A, ss. 8 and 15.

(4) To hear and decide comprehensive permits for construction of low or moderate income housing, as set forth in G.L. c. 40B, ss. 20-23.

C. Rules and regulations. The Board by annual vote shall establish rules and regulations for its own procedure consistent with the General Laws of the Commonwealth pertinent thereto.

D. Fees. The Board of Appeals may adopt reasonable administrative fees and technical review fees for petitions for variances, administrative appeals, and applications for comprehensive permits.

E. Quorum. Four members of the Board shall constitute a quorum, and the affirmative votes of four members shall be necessary to reverse any order or decision of any administrative official or to effect any variance in the application of this Bylaw. No member of the Board shall vote on any matter in which he has any financial interest.

F. Meetings and records. The Chairman may and at the request of the Board shall from time to time call meetings of the Board. All hearings will be held in open session of which there shall be kept by the Clerk as public records minutes recording the vote, abstention, or absence of each member on every question presented and other official action. Continued absence of any member from regular meetings of the Board shall, at the discretion of the Selectmen, render any such member liable to immediate removal from office by the Selectmen.

§ 280-9.3 Special permits.

A. Special permit granting authority. Unless specifically designated otherwise, the Board of Appeals shall act as the Special Permit Granting Authority (SPGA).

B. Criteria. Special permits shall be granted by the Special Permit Granting Authority, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the town or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this Bylaw, the determination shall include consideration of each of the following:

(1) Social, economic, or community needs which are served by the proposal;

(2) Traffic flow and safety, including parking and loading;

(3) Adequacy of utilities and other social services;

(4) Neighborhood character and social structures;

(5) Impacts on the natural environment; and

(6) Potential fiscal impact, including impact on town services, tax base, and employment.

C. Procedures. An application for a special permit shall be filed in accordance with the rules and regulations of the Special Permit Granting Authority.

D. Other boards.

(1) Complete copies of petitions, appeals, or applications for Special Permits and any supporting materials shall forthwith be transmitted by the SPGA to the:

(a) Planning Board.

(b) Board of Health.

(c) Conservation Commission.

(d) Historic District Commission.

(e) Board of Selectmen.

(f) Building Commissioner/Zoning Enforcement Officer.

(g) Department of Public Works.

(h) Fire Department.

(i) Police Department.

(j) Such other board, department, or agency as the Board of Appeals deems appropriate.

(2) Any board, agency, or department to which such petitions, appeals, or applications for Special Permits are transmitted shall make such recommendations as they deem appropriate and shall forward copies thereof to the SPGA. The SPGA shall transmit copies of such recommendations to the applicant. The failure of any such board or agency to make recommendations within 35 days of receipt by such board or agency of the petition shall be deemed a lack of opposition thereto. All responses received from any board, department, or agency shall be entered in the minutes of the meetings at which action is taken upon any such petition, application, or appeals.

E. Conditions. Special Permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the Special Permit Granting Authority may deem necessary to serve the purposes of this Bylaw.

F. Plans.

(1) The applicant for a Special Permit shall submit a plan in substantial conformance with the requirements specified in the Rules and Regulations of the Special Permit Granting Authority.

(2) The provisions of this Section shall not apply to applications for Special Permits to reconstruct, extend, alter, or structurally change a nonconforming single or two-family structure.

G. Regulations. The Special Permit Granting Authority may adopt rules and regulations for the administration of this section.

H. Fees. The Special Permit Granting Authority may adopt reasonable administrative fees and technical review fees for applications for Special Permits.

I. Lapse. Special Permits may lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within three years following the filing of the Special Permit approval (plus such time required to pursue or await the determination of an appeal referred to in G.L. c. 40A, s. 17, from the grant thereof) with the Town Clerk.

[Amended 11-30-2020 STM by Art. 21]

§ 280-9.4 Special permit for major nonresidential project.

A. Purpose. The purpose of this section is to protect the health, safety, convenience, and general welfare of the inhabitants of the Town by providing for a review of plans for uses and structures which may have significant impacts on traffic, municipal and public services and utilities, environmental quality, community economics, and community values in the Town.

B. Applicability. A Special Permit from the Planning Board for a Major Nonresidential Project shall be required for all developments which trigger the criteria set forth in Article X. In construing such definition, the calculation of increase in floor area shall be base on the aggregate of all new structures, improvements, alterations, or enlargements, calculated from the date of enactment of Article 25 of the warrant for the 1988 Annual Town Meeting. Where the floor area of a building has been reduced by demolition so that the net increase after reconstruction is less than 25,000 square feet, Major Nonresidential Project will not be applicable.

C. Application and review procedure.

(1) Prior to the formal filing of an application and the required exhibits under this section, the applicant shall submit seven copies of a plan showing the existing and proposed buildings and structures, parking spaces, access way, landscaping, and uses with the Planning Board, and shall request a meeting with the Board for a scoping session to define the scope of the project, the specific information that may be needed, and any waivers from the procedural and technical requirements of this Section, or shall request that a scoping session be waived because the scale and scope of the project do not warrant it or because the project is a modification of a previously approved site plan.

(2) After the scoping session, or after the scoping session was waived by the Planning Board, the applicant shall submit the number of copies required by the Rules and Regulations of the Planning Board of the items specified in Subsection D hereof, except for those waived by the Board. The Board shall forthwith distribute copies thereof to the Building Commissioner, Board of Health, Conservation Commission, Police and Fire Departments, Town Planner, Public Works Commissioner, Dedham-Westwood Water District, Board of Selectmen, and such other departments and boards as the Planning Board may deem appropriate.

(3) Such agencies shall, within 35 days of receiving said copy, report to the Planning Board on (1) the adequacy of the data and the methodology used by the applicant to determine impacts of the proposed development, and (2) the effects of the projected impacts of the proposed development. Said agencies may recommend conditions or remedial measures to accommodate or mitigate the expected impacts of the proposed development. Failure by any such agency to report within the allotted time shall constitute approval by that agency of the adequacy of the submittal and also that, in the opinion of that agency, the proposed project will have no adverse impact.

(4) The Planning Board shall not render a decision on said application until it has received and considered all reports requested from Town departments and boards, or until the thirty-five-day period has expired, whichever is earlier. Where circumstances are such that the thirty-five-day period is insufficient to conduct an adequate review, the Planning Board may, at the written request of the applicant, extend such period to 60 days.

(5) The Planning Board shall hold a Public Hearing on any properly completed application within 65 days after filing, shall properly serve notice of such hearing, and shall render its decision within 90 days of the close of said hearing. The hearing and notice requirements set forth herein shall comply with the requirements of G.L. Chapter 40A. Section 11. All costs of the notice requirements shall be at the expense of the applicant.

(6) If the Major Nonresidential Project also requires other Special Permits, the Planning Board shall be the Special Permit Granting Authority for all such Special Permits.

D. Contents and scope of the application. An application under this Section shall comprise the following drawings, exhibits, and statement prepared by and bearing the seals and signatures of qualified professionals, such as a registered professional engineer, architect, land surveyor, landscape architect, and others, as necessary, and shall include a completed application form signed by the owner of the site, and the required back-up information or exhibits, processing, and review fees. The Planning Board shall require substantive compliance with these requirements and with the following requirements for impact statements, and may, by regulation or vote, impose additional requirements, interpret and apply these requirements, and grant waivers therefrom when warranted by the scope of the project or other special circumstances, and the ability to review the project is not affected adversely by the waiver:

(1) A site plan at a scale of one inch equal 40 feet, unless a different scale has been approved by the Planning Board, showing the recorded boundaries and area of the parcel of land, and the location, size, and material of all buildings and structures; public utilities or services; parking areas, paved walks, drives, and other spaces, landscaped areas; wooded areas and major free-standing trees; outdoor lights; streams, water bodies, wetlands, and flood plains, and topography of the site and of abutting areas for at least 100 feet. All above features shall be identified as existing or proposed (including changes of grade), and zoning district boundaries, names of abutting owners according to Assessor's records, names and widths of streets, and purposes and dimensions of easements on or within 100 feet of the site shall be shown.

(2) Landscaping and planting, including plant species and size, outdoor lighting, and illuminated signs, fences, and screening, shall be shown on a separate sheet or sheets in sufficient detail to permit evaluation.

(3) A perspective view or isometric drawing of the proposed development shall be provided, unless this requirement is waived by the Planning Board.

(4) Building elevations and floor plans, showing the proposed uses, outside material, and color of all buildings, unless no exterior or floor plan change is planned. A tabulation of proposed employees, occupants, and floor areas to be devoted to various uses, and of the existing, required and proposed parking spaces for such uses shall be provided on the floor plan drawing (show all floors and basement).

(5) A locus plan at a scale of one inch equals 100 feet or 200 feet showing streets, lots, buildings, and topography at five or 10 foot contour interval, respectively, for at least 500 feet from the site, shall be included on the cover sheet or separately.

E. Statements. The following impact assessment statements shall be submitted with the application:

(1) Traffic impact assessment. Its purpose shall be to document the existing traffic volumes, capacities, controls, road condition, hazards, and level of service on the site and the streets adjacent to the site; to project changes due to the site development and to the background traffic growth or decline; to assess the projected impact of such changes; and to propose and discuss management and structural improvements and mitigation measures, both on and off the site.

(2) Environmental impact assessment. It shall include a substantiated assessment of the existing and expected post-development environmental conditions, including air and water quality, pollution of ground, water, and air, noise levels, harmful or noxious emissions, damage or threat to wetlands and flood plain, plants and animals, and the visual environment. The potential for erosion or sedimentation and the proposed or existing control measures shall be discussed. Glare, smoke, odors, vibration, electromagnetic radiation, effects on groundwater supply, streams, water bodies, unique or valuable vistas, symbiotic ecological relationships of animal and plant communities, and compatibility of the project with the existing and future natural and manmade environment shall be considered, and any expected changes and preventive or corrective actions shall be discussed. Waste disposal, snow removal, maintenance of landscaped and paved areas, off-site environmental impacts, and drainage shall be discussed, and pre- and post-development drainage calculations for 10 and 100-year storm shall be included.

(3) Community and fiscal impact assessment. The assessment shall consider the existing and projected demand for public or municipal services (such as schools and cultural institutions, fire and police, medical and social services, water and sewer, waste disposal, administrative and inspection services), historical and visual compatibility, revenues to the town, voluntary contributions and services, and the effects of the project failing, not living up to the projections, or having to modify structures and uses for economic reasons. The assessment shall also consider fiscal or economic impacts, and compatibility with the town Master Plan and other plans and development policies, and shall explain and evaluate any zoning changes or variances sought or obtained.

F. Development impact standards. The following standards shall be used by the applicants in preparing plans and by the Planning Board in reviewing them. The required standards must be substantially met in order for a Special Permit to be granted, the recommended standards are intended as a flexible guide and not meant to discourage creativity and innovation.

G. Required traffic standards.

(1) The net effect of the project and the mitigating measures or improvements (the execution of which must be guaranteed) shall be no worsening of the level of service (LOS) by more than one level or level D or E on the streets providing access to or egress from the site and within the nearest public street intersections in either direction.

(2) Traffic signs and signals, storage and turning lanes and movements, curbs and curb cuts, pavement widths and grades, separation of pedestrian and vehicular traffic, sight distances, directional signs, and markings shall all conform to the professional norms and design standards of the Institute of Transportation Engineers, and to the accepted professional standards.

(3) All required permits and approvals shall be in hand or otherwise assured before the Special Permit may be granted.

(4) Binding provisions shall be made to compensate for errors in projecting the potential traffic volumes and travel routes.

(5) The traffic study shall be based on actual counts on any street or intersection likely to be affected by the development taken within 12 months prior to the filing of the application.

H. Recommended traffic standards.

(1) Make legally binding arrangements to reduce traffic by single occupancy cares[1] and to promote public transportation, carpools, off-site parking for employees, and other traffic-reducing measures.

[1] Editor's Note: So in original; should be "cars."

(2) Minimize traffic conflict points between vehicles and pedestrians by adhering to the subdivision street design standards of the Rules and Regulations for the Subdivision of Land in Dedham.

(3) Locate access and exit points so as to route site-generated traffic so far as practicable away from residential streets.

I. Required environmental standards.

(1) The proposed development shall not cause significant environmental harm or hazard through emissions of noise, dust, fumes, toxic or noxious gases, electromagnetic radiation, water pollution, soil contamination, excessive smoke, vibration, or other toxic, harmful, or hazardous agents.

(2) The proposed development shall not increase the potential for sedimentation, erosion, or flooding, raise the water table, either on site or on adjacent properties and streets, to an appreciable extent, and shall not increase the rate of runoff from the site, unless such increase is deemed by the Planning Board to be beneficial.

(3) Exterior lighting shall be arranged to minimize glare and objectionable spillover onto adjacent properties.

(4) No unique environmental features, habitats, or vistas shall be endangered or destroyed.

(5) Proper mitigation measures shall be taken to minimize any unavoidable harmful impacts, and replication or relocation shall be used, where appropriate, to preserve valuable environmental features, parts of which may be adversely affected or damaged by the proposed development.

J. Recommended environmental standards.

(1) Locate proposed structures so as to minimize obstruction of sunlight during daylight hours and to allow the use of solar energy panels.

(2) Use planting and landscaping to create a visually pleasing setting and to screen parking and service areas, especially from residential neighborhoods.

(3) Where possible, recharge uncontaminated water to the ground and minimize discharges to public storm and sanitary sewers.

K. Required community and fiscal standards.

(1) The revenue and service fees from the projected development shall equal or exceed the projected cost of public services attributable to it as its share of the total municipal cost of such services.

(2) In the event that the projected development does not materialize as envisioned, provisions shall be made to minimize adverse financial, social, and visual impacts and to prevent deterioration and blight.

(3) If the proposed development will require or accelerate off-site capital expenditures to provide the needed facilities and services or to mitigate adverse impacts, the applicant (owner) shall be responsible for the payment of impact fees at least equal to the share of the total cost attributable to the project, but excluding any part of such capital expenditures coming from federal or state grants and any part of operating costs.

L. Recommended community and fiscal standards.

(1) Make the development conform, so far as feasible, to any adopted plans for the town or the neighborhood, including plans for land use and zoning, open space and conservation, circulation, and the expansion of water, sewer, and other services and facilities.

(2) Make the development consistent or compatible with the neighborhood as regards the size, materials, style, and treatment of elements of structures. This shall not be interpreted to mandate uniformity or discourage creativity.

(3) Minimize grading and destruction of the natural ground cover by adapting development to the environment, rather than changing the environment more than necessary.

(4) Design to keep low the cost of operation and maintenance of public services and facilities.

M. Planning board findings and action. Prior to approving, approving with modifications and conditions, or disapproving a Special Permit, the Planning Board shall make written findings whether the application meets each of the required traffic, environmental, community, and fiscal standards, and to what extent the various recommended standards are applicable and are met by the proposal. The Planning Board shall also make a written finding whether the application as a whole substantially conforms to the intent of this Bylaw and proposes an appropriate and beneficial development of the site. The findings shall be included in the certificate of action which the Planning Board shall transmit to the applicant, the Town Clerk, the public agencies which submitted written comments on the site plan, and to any person attending the public hearing who has requested a copy of the decision. If the Board approves the Special Permit, the certificate of action shall also list any waivers granted by the Planning Board and any modifications, conditions, and safeguards imposed at the time of approval.

(1) Except where the required standards are clearly inapplicable or have no effect, or where the impact would be as severe if the site were developed in a way requiring no Special Permit review and permissible as of right, the Planning Board shall not grant waivers from the required standards or grant a Special Permit not meeting some of the required standards. A Special Permit application not meeting two or more recommended standards may be disapproved, or the Planning Board may find that the standards do not apply, are of no significance, or their intent is adequately met by other means.

(2) Approval may be conditional on the applicant modifying the plan or meeting other requirements before the Special Permit is granted by the Planning Board.

(3) Approval may be conditioned on the applicant meeting certain requirements after the appeal period has expired, either before construction work begins or by the time a specified stage is reached. Such conditions may be enforced by refusal by the Building Commissioner to issue an occupancy permit, or by realizing on any surety posted by the applicant to ensure satisfactory performance.

N. Conditions, limitations, and safeguards. In granting a Special Permit, the Planning Board may impose conditions, limitations, and safeguards which shall be in writing and shall be a part of such special permit. Such conditions may include, among other matters and subjects:

(1) Controls on the location and type of access to the site;

(2) Controls on the number of vehicles that arrive or depart during the morning and/or evening peak hours (including controls on the maximum number of vehicles which may use the off-street parking areas during said periods);

(3) Requirements for off-site improvements to improve the capacity and safety of roads, intersections, pedestrian ways, water, sewer, drainage, and other public facilities which are likely to be affected by the proposed development;

(4) Requirements for donation and/or dedication of land for right-of-way to provide for future roadway and/or intersection widenings or improvements;

(5) Requirements for securing the performance of all proposed work, including proposed off-site improvements, by either or both of the following methods:

(a) A performance bond, a deposit of money, negotiable securities, letter of credit, or bank passbook in an amount determined by the Planning Board to be sufficient to cover the cost of all or any part of the improvements required as conditions of approval;

(b) A covenant running with the land, executed and duly recorded by the owner of record, whereby the required improvements shall be completed before the property may be conveyed by other than a mortgage deed.

(6) Conditions to minimize off-site impacts on traffic and environmental quality during construction.

O. Administration.

(1) The Planning Board shall establish and may periodically amend rules and regulations relating to the administration of this section, including additional regulations relating to the scope and format of reports required hereunder. The Planning Board shall establish and may periodically amend a schedule of fees for all applications under this section. No application shall be considered complete unless accompanied by the required fees.

(2) The Planning Board shall be responsible for deciding the meaning or intent of any provision of this section which may be unclear or in dispute.

§ 280-9.5 Site plan review.

A. Purpose. The purpose of this section is to protect the health, safety, convenience, and general welfare of the inhabitants of the Town by providing for a review of plans for uses and structures which may have significant impacts on traffic, municipal, and public services and utilities, environmental quality, community economics, and community values in the Town. The site plan review process provides for a comprehensive review of proposed projects within an expedited time frame.

B. Applicability. Site plan review and approval by the Planning Board shall be required before a building or occupancy permit can be issued. Site plan review has two levels: MINOR site plan review and MAJOR site plan review:

(1) Threshold for MINOR site plan review:

(a) For any construction or additions to any structure which increases its usable floor space or parking requirements.

(b) For any change to a use which increases parking requirements.

(c) For increases or changes in outdoor uses subject to parking requirements, such as outdoor sales or spectator sports.

(d) For the construction, alteration, or expansion of a parking lot or parking structure, including changes to parking spaces, circulation aisles, driveway access, location of landscaped areas, or any other feature comprising a part of the parking plan.

(e) For any modification not shown on a parking or site plan previously approved by the Planning Board.

(2) Threshold for MAJOR site plan review.

(a) Any new construction, addition, or alteration of a building so as to create or result in more than 5,000 square feet gross floor area, even where a part of the building is being demolished.

(b) Any change of use to more than 5,000 square feet gross floor area which requires the addition of more parking spaces irrespective of existing parking spaces or the relocation of existing parking spaces.

(c) Any new parking area for a multifamily dwelling with three or more dwelling units; or take any action relative thereto.

C. Exemptions. The following are exempt from § 280-9.5:

(1) One or two family dwellings;

(2) Farms on parcels of more than five acres or two qualified acres as set forth in G.L. c. 40A, s. 3;

(3) Buildings devoted to a religious use or educational use and owned by or leased to an agency or political subdivision of the Commonwealth of Massachusetts, a religious denomination, or a nonprofit educational corporation, or a child care center; provided, however, that such entities shall be subject to minor site plan review limited to the imposition of reasonable conditions as set forth in G.L. c. 40A, s. 3;

(4) Premises subject to § 280-9.4.

D. Application. The applicant, who shall be the owner of the building, or a prospective purchaser under a binding purchase-and-sale agreement, or a lessee having the authority to make the modifications and to comply with the conditions which may be imposed by the Planning Board, shall submit a completed application, processing and review fees, a plan or plans, all as set forth in the rules and regulations of the Planning Board. The plan shall show the following information:

(1) Legal boundaries of the parcel with dimensions, bearings, and radii, including any easements on the property and its area, and showing boundaries of zoning districts, including flood plain.

(2) Abutting owners and streets.

(3) Material or planting species where applicable.

(4) Existing or proposed: buildings and structures.

(5) Parking spaces and aisles or driveways.

(6) Pavement and curbs.

(7) Landscaping and vegetation.

(8) Topography existing and proposed with two-foot contours (grading).

(9) Water and sewer lines.

(10) Drainage in detail.

(11) Wetlands.

(12) Traffic signs, easements, and rights of way.

(13) Access and curb-cuts.

(14) Safety provisions.

(15) Loading berths.

(16) Dumpster and snow storage areas.

(17) Utilities and electrical service.

(18) Pedestrian ways.

(19) Polar diagram showing the direction and intensity of outdoor lighting.

(20) Zoning district boundaries.

(21) Elevations and floor plans of existing and proposed buildings; location and design of all signs and exterior lighting; materials list of all exterior finishes.

(22) A tabulation of floor areas (and outdoor areas, where this is applicable) devoted to various principal uses, the applicable parking requirements, the estimated cost of construction and of landscaping meeting the requirement for parking plans.

(23) Title block, showing address, scale, north arrow, seal and signature of the registered architect, engineer, land surveyor, or landscape architect responsible for a particular component of the site plan, and a locus plan at one inch equals 200 feet scale showing abutting lots.

(24) The location, showing distances from property lines, dimensions, and use of existing and proposed buildings, structures, additions, and demolitions, also fences, streams, and other conduits.

(25) The location and size of underground utilities, including water, sewer, and drain piping, the inverts of manholes and drain catch basins, underground or overhead electric and other conduits.

(26) The location and size of existing and proposed vegetation.

(27) The location and size of any proposed signage on the site.

(28) Information required to determine compliance with parking requirements shall be shown on the plan in a tabular form, including lot area, floor area ratio (FAR), and the existing and the proposed total floor area and floor areas dedicated to various uses, the parking spaces required for each principal use, the numbers of existing and proposed parking spaces, and the maximum legal occupancy, where required.

(29) Other information needed or helpful for verifying compliance with the applicable parking requirements, and any waivers requested shall be noted on the parking plan.

E. Major site plan; additional information.

(1) A separate traffic and access report may be required by the Planning Board shall be submitted, citing and substantiating the number of cars and trucks expected to enter and leave the premises in a twenty-four-hour period and during the morning and afternoon peak hours; traffic volumes, pavement width, and Level of Service on each road abutting or serving the site; signalization and turning movements for any intersection abutting or within 500 feet of the site; any special conditions affecting it; and mitigating measures proposed.

(2) The applicant may also submit other explanatory or relevant exhibits and materials to assist the Planning Board in evaluating the site plan and its effect on the neighborhood.

F. Procedures.

(1) Upon receipt of all required items, the Planning Board shall distribute copies thereof to the Conservation Commission, Chief of Police, Chief of Fire Department, Public Works Commissioner, Building Commissioner, Board of Selectmen, and other boards or officials believed by the Planning Board to be affected, with the request for a review or comment within 35 days, and failure to do so comment shall be deemed to indicate no objection. Site plan review for lots requiring nine or fewer parking spaces shall be submitted to the Planning Director for review and report to the Planning Board. Site plan review for lots requiring 10 or more parking spaces shall be submitted to the Planning Board's Peer Review Consultant for review and report to the Planning Board. The Planning Board shall determine whether or not site plan modifications in accordance with Subsection I Modification Site Plan Review for lots requiring 10 or more parking spaces will require peer review.

(a) Scoping Session. Prior to the filing of a complete application pursuant to § 280-9.5D, an applicant may request a Scoping Session to request waivers from the site plan review application requirements pursuant to § 280-9.5D, peer review, and abutter notification. The Planning Board may waive the requirements at its discretion.

[Added 11-14-2022 ATM by Art. 8]

(2) The Planning Board shall not be required to hold advertised public hearing on site plan review, but shall, within 30 days of receipt of the complete plans, application, and fees, contact the applicant to schedule a review meeting and provide written notice to owners of property abutting the site. The Planning Board shall in writing within 90 days of said meeting approve, with or without conditions and modifications, or disapprove the site plan. In the event of disapproval, the Planning Board shall state in writing where the site plan fails to conform, to the letter or intent of this Bylaw or of any other laws or regulations, or to the applicable professional standards.

G. Approval. Site plan approval shall be granted upon determination by the Board that the plan meets the following objectives. The Board may impose reasonable conditions at the expense of the applicant, including performance guarantees, to promote these objectives. Any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage consistent with the functional requirements of the Planning Board's Subdivision Rules and Regulations. New building construction or other site alteration shall be designed to address the qualities of the specific location, the proposed land use, the design of the building form, grading, egress points, and other aspects of the development, in order to:

(1) Minimize the volume of cut and fill, the number of removed trees six inches caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion, and threat of air and water pollution.

(2) Maximize pedestrian and vehicular safety, both on the site and accessing and exiting the site.

(3) Minimize obstruction of scenic views from publicly accessible locations.

(4) Minimize visual intrusion by controlling the visibility of parking, storage, or other outdoor service areas viewed from public ways or premises residentially used or zoned.

(5) Minimize glare from headlights, minimize light glare into the night sky, and minimize overspill into adjacent properties; and installation of lighting to minimize glare into the night sky and spill into adjacent properties.

(6) Minimize unreasonable departure from the character, materials, and scale of buildings in the vicinity, as viewed from public ways and places.

(7) Minimize contamination of groundwater from on-site waste-water disposal systems or operations on the premises involving the use, storage, handling, or containment of hazardous substances.

(8) Ensure compliance with the provisions of this Zoning Bylaw, including parking and landscaping.

H. Regulations. The Planning Board shall adopt and may from time to time revise by vote at a duly posted meeting its regulations for site plan reviews and the processing and consultant review fees for site plan reviews. The cost of consultant review and inspections shall be borne by the applicant, who shall be billed for costs in excess of the initial review fee, and shall be refunded any part of the fee not used, together with any interest accrued thereon. The schedule of Planning Board fees shall be available at the offices of the Town Clerk and the Planning Board.

I. Modification site plan review.

(1) A modification to an approved site plan or an approved parking plan shall be submitted to the Planning Board with a written description of the proposed modification, along with the necessary plans that show the modification in accompanying detail. Modified site plans or approved parking plans will, in most instances, be subject to the same review and procedures of Subsection F. However, upon an express request made as part of the application for modification, the Planning Board may determine by its vote that a particular modification is insignificant and does not warrant a notice to abutters and/or require peer review, and may act on the insignificant modification at such time as the determination is made.

(2) For modifications that do require notice and/or peer review, the Planning Board shall act on the modification within 45 days of receipt or, if a determination of insignificant is requested and denied, within 30 days of the vote of the Planning Board denying such determination. A copy of the determination and revised plan shall be filed with the Town Clerk, Building Commissioner, and Engineering Department.

J. Lapse. Any approval of a site plan which has been granted pursuant to this Bylaw shall lapse, if a substantial use thereof has not sooner commenced, except for good cause, within two years from the grant thereof or, in the case of a permit for construction, if construction has not begun, except for good cause, within such two-year period.

K. Appeal. The decision of the Planning Board shall be filed with the Town Clerk. Any appeal shall be filed in accordance with G.L. c. 40A, s. 17 to a court of competent jurisdiction. If 20 days elapse without the Town Clerk being notified that an appeal has been filed, the Planning Board shall endorse its approval and any required conditions or modifications on the plans and distribute copies thereof to the applicant and to the Building Commissioner.

§ 280-9.6 Design Review Advisory Board.

A. Establishment. There shall be a Design Review Advisory Board comprised of five unpaid voting members, including two members qualified by education or training and experience in design professions (architecture, landscape architecture, graphic design, or urban planning), appointed one each by the Board of Selectmen and the Planning Board; one member qualified by education or training and experience in historic preservation, design, or a related field appointed by the Historic District Commission or Civic Pride Committee; one member, who shall be a building contractor or an engineer experienced in commercial or industrial building construction, appointed by the Planning Board; and one member owning retail or other commercial business in town, appointed by the Board of Selectmen. The Planning Director shall be ex-officio non-voting member of the Design Review Advisory Board. The members shall be appointed for three-year alternating terms. The Board may from time to time designate as non-voting associate members for a period not exceeding one year persons nominated by civic organizations that hold an interest in or have special knowledge of specific projects, issues, or areas of Dedham and are willing and able to actively participate in the work of the Design Review Advisory Board.

B. Duties. The Board shall develop, with assistance and input from local civic organizations and interested citizens, design guidelines for areas of town having different visual and functional character. It shall meet at the call of the chair to review and make recommendations for building projects defined in Subsection C hereof. Administrative and logistic support for the Design Review Advisory Board shall be provided by the Planning Board, but the Board may also seek support and advice from the Historical Society and other entities and individuals concerned about Dedham's visual character.

C. Jurisdiction. The following projects shall be submitted to the Design Review Advisory Board for their review and advisory report:

(1) All new construction, and additions to and exterior alterations of existing buildings in the Central Business (CB), General Business (GB), Highway Business (HB), Local Business (LB), Limited Manufacturing (LMA), Limited Manufacturing Type B (LMB), and Research, Development, and Office (RDO) districts.

(2) Any project subject to site plan review or Major Nonresidential Project.

D. Applicability. A copy of preliminary or conceptual architectural plans shall be transmitted to the Board for review and advisory report. The Design Review Advisory Board shall consider the size or scale, bulk, architectural style, material, texture, color, location, orientation, signs, lighting, landscaping, and site layout in relation to the surrounding area and the visual character of the neighborhood and the town, and shall make written recommendations to the applicant or owner, to the approving town agency, and to the Building Commissioner, referring to the applicable design guidelines. Such recommendations shall be advisory and shall be given due weight by the owner and the Planning Board or other approving agency or official.

E. Exemptions. Any project subject to Subsection C(2) that does not include any new building construction, addition to existing building, and/or any new or changes to landscaping.

F. Procedures.

(1) Whenever possible, the owner or applicant shall make an appointment and consult with the Design Review Advisory Board prior to the formal submission of preliminary plans to the Planning Board, and the recommendations may be voluntarily adopted by the applicant. Projects subject to Subsection C shall be transmitted to the Design Review Advisory Board by the Planning/Zoning office for its review and recommendations within 35 days of transmittal or such longer period of time that may be needed to review and make a recommendation. A longer period of time to review a projected[1] shall be agreed to be extended by the applicant. An official decision, action, or approval required by law to be taken within a certain time period or by a certain date shall not be postponed beyond the required date while awaiting Design Review Advisory Board comments.

[1] Editor's Note: So in original; should be "project."

(2) Town agencies and officials may consult the Design Review Advisory Board relative to construction projects not subject to its mandatory review, and the Board shall select projects for its review and recommendations based on time availability and their importance to the image and visual character of Dedham.