A.
Official application form. Application for site plan approval shall be made on an official form, which shall be furnished by the Planning Department upon request.
B.
Contents of application. The completed application form, original plan and 15 copies shall be submitted to the Planning Department. At least one copy of the plan shall be produced in size 11 inches by 17 inches. Additionally, all application submittals shall be provided as a PDF on CD ROM.
The following information shall be furnished by the applicant, or a request for waiver shall be provided in writing at the time of application. If an applicant requests a waiver for a specific item and that is not granted by the Board, the item must be submitted and the public hearing shall be continued to allow sufficient time for submittal and review of the item. If the item required is not submitted; that shall be cause for disapproval of an application. The following are the submittal requirements.
All submittals shall contain the following information:
(1)
General information:
(a)
Name and address of applicant and owner of record as listed on the Town's tax rolls. If the applicant is not the owner of record, the latter shall also sign the application;
(b)
Date, North arrow and scale shall be shown on plan;
(c)
A written description of the proposed use or uses;
(d)
A table or chart indicating the proposed number or amount and types of uses, lot area, lot width, setbacks, building height, lot coverage, floor area, parking spaces, percentage of lot coverage and percentage of impervious surface, landscaping and open spaces as they are required.
(2)
A site plan drawn at a scale of one inch equals 40 feet, unless another scale is previously requested by the applicant and found suitable by the Board. All plans shall be prepared, signed and sealed by a Massachusetts licensed engineer, architect or landscape architect, whichever is appropriate.
(3)
The plan shall be stamped by the registered land surveyor who performed the instrument boundary survey and who shall certify the accuracy of the locations of the building(s), setbacks and all other required dimensions, elevations and measurements and shall be signed under the penalties of perjury.
(4)
Lot numbers, dimensions of lot in feet, size of lot in square feet and width of abutting streets and ways shall be shown on the plan.
(5)
The location of existing or proposed building(s) on the lot shall be shown with the total square footage and dimensions of all buildings and building elevations and floor plans, and perspective renderings.
(6)
The plan shall show the location of existing wetlands, water bodies, wells, one-hundred-year floodplain elevation and other natural features; streams, wetlands, vistas, slope areas, geological features, unique vegetation, historic features and other features that may be important to the site.
(7)
A landscape plan that complies with the requirements of Chapter 3, Site Plan Approval, as may from time to time be amended, must be submitted.
(8)
Existing and proposed topographical lines at two-foot contour intervals on the tract and within 50 feet thereof are required to be shown.
(9)
The location and description of the proposed open space or recreation areas shall be provided.
(10)
Existing and proposed street network, parking areas and spaces, drainage and utility systems shall be prepared by a professional engineer licensed in Massachusetts.
(11)
The applicant shall submit information regarding all measures proposed to prevent pollution of surface water or groundwater, soil erosion, increased runoff and flooding.
(12)
When the property is located in a Water Supply Protection District, please provide projections of down-gradient concentrations of nitrogen, phosphorus and other relevant chemicals to be disposed of on-site, at property boundaries, and at other locations deemed pertinent by the Board, prepared by a hydrogeologist or registered professional engineer possessing experience and education in water supply protection and hydrology.
(13)
Any additional information which the Board may require. The Board may engage a Massachusetts professional engineer, experienced in groundwater evaluation, hydrogeology or hazardous and toxic materials to review the application for completeness and correctness and shall require the applicant to pay for the cost of the review.
(14)
A locus plan at one inch equals 100 feet, 200 feet or 400 feet scale (as may be appropriate for the location and project) showing the location, names and present widths of the secondary streets bounding, approaching or within reasonable proximity of the site, and including the tracts of land, ownership and topography taken from Assessor's plans or field survey if available, or properties therein.
(15)
The application shall also furnish a narrative summary of the vital statistics of the project. Such statistics shall include total gross and net square footage, number of parking spaces and estimated amounts of water consumption and sewer discharge.
(16)
The applicant shall furnish a current certified abutter's list from the Assessor's office and a certificate of taxes paid from the Finance Director.
An application shall be deemed received when an application or a request has been received in the format prescribed by the Planning Board and is accompanied by all of the supporting materials or documentation and fees as detailed in these rules and regulations and in the Zoning Bylaw of the Town of Sturbridge. No application shall be deemed received until it has been checked for completeness and accuracy by Planning Board staff. If an application is deemed incomplete, it shall be returned to the applicant with a listing of missing information. The applicant shall be given the opportunity to withdraw any incomplete application. The filing fee is nonrefundable. In the event the applicant does not choose to withdraw the application, the Planning Board may deny the applicant for incomplete information.
A.
Procedural steps for a public hearing for site plan approval:
(1)
Applicant files for site plan approval in accordance with the filing requirements specified in this regulation and the Town of Sturbridge Zoning Bylaw.
(2)
Site plan approval may not be issued until a public hearing is held. The public hearing must be held within 65 days from the date the application is filed.
(3)
The notice of the public hearing shall include:
(4)
The notice of the public hearing shall be:
(a)
Published in a newspaper of general circulation in the Town once in each of two successive weeks. The first publication shall not be less than 14 days before the day of the hearing. The date of the public hearing should not be counted in the 14 days.
(b)
Posted in a conspicuous place in the Town Hall for a period of not less than 14 days before the day of the hearing.
(c)
The notice shall be mailed postage pre-paid to the applicant, abutters within 300 feet of the property line, including abutters in another town and across a public or private street or way, and the Planning Board of all abutting towns. The notice shall also be mailed to other individuals, boards or agencies for review if required by the Zoning Bylaw.
(5)
Within 90 days or any extended time following the date of the public hearing, the Planning Board shall take final action.
(6)
If the Planning Board fails to take final action within the ninety-day or extended time limit, the special permit shall be deemed granted.
(7)
After the decision has been made, the Planning Board and/or its designee (employees) shall file a copy of the decision with the Town Clerk within 14 days from the date of decision by the Board.
(8)
A copy of the decision shall be maintained in the files of the office of the Planning Board and a copy shall be mailed to the applicant and any other person that so requested a copy at the public hearing.
A.
Withdrawal of application. An application may be withdrawn without prejudice by an applicant by notice in writing to the Clerk of the Board, which notice the applicant shall also deliver to the Town Clerk, at any time prior to the first publication of the notice of the public hearing.
After such notice, withdrawal of an application shall be permitted only by Board vote, which shall consist of a majority present and voting.
B.
Appeals. Any person aggrieved by a decision of the Board as site plan approval authority may appeal such decision as provided in MGL c. 40A, § 17 within 20 days after such decision has been filed in the office of the Town Clerk.