[Amended 3-24-2022 STM
by Art. 17]
A. Purposes and scope.
(1)
Site plan review provides oversight of uses and structures that
have the potential for substantial impact on the Town. It examines
primarily the details of site and building design.
(2)
The review aims to protect the natural, environmental, scenic
and aesthetic qualities of the Town and the health, safety and general
welfare of its residents. The review assesses the functioning and
design of the lot or site and the likely impacts on nearby properties
and the Town at large.
(3) This section describes procedures used by the Planning Board during
site plan review. It does not apply to reviews under the Town's subdivision
regulations, which prescribe separate review procedures.
B. When required.
(1)
A site plan review is required whenever another provision of
this bylaw so states.
(2)
In addition, a site plan review is also required for any nonresidential
use in the R-20, R-30, RA, RM, CR, RB, OPLI, I or PCVC Zoning Districts
that involves any of the following:
(a) Has at least 10,000 aggregate square feet of new construction or
expansion of existing construction.
(b) A use that generates at least 500 vehicles trips per day, calculated
in accordance with the Institute of Traffic Engineers traffic standards.
(c) A use that generates at least 20,000 gallons of sewer flow per day,
calculated in accordance with the standards established by Title V
of the State Sanitary Code.
(d) The direct alteration of 25 or more acres of land for new nonresidential
construction (other than utility lines).
(3)
In addition, in the CBC and DCBC Districts, a site plan review
is required for any new nonresidential business creating a change
in use requiring a new certificate of occupancy or building permit.
C. Applications.
(1) An application for site plan review shall fire either a minor site
plan review application (minor site plan) or a major site plan review
application (major site plan).
(2) A major site plan is required if, in the judgment of the Planning
Board, the project has the potential for substantial effect on nearby
uses. An example of a minor site plan is a plan that proposes to transfer
ownership of an existing restaurant or retail store with no outside
changes to the building or lot. An example of a major site plan is
a proposal to build a structure with 10,000 aggregate square feet.
(3) A minor site plan shall include the following information:
(a) The applicant's name, contact information and signature.
(b) The property owner's name, contact information and signature.
(c) The current and intended uses.
(e) A brief narrative explanation or summary of the project, including
recent uses and proposed uses.
(f) A plan or statement describing existing and proposed exterior lighting.
(g) A plan or statement describing proposed ongoing waste disposal and
refuse removal.
(h) A plan or drawing approximately to scale, showing the location and
dimensions of the following:
[2] Existing and proposed buildings, structures, parking spaces, pedestrian
walks, driveways, and natural areas.
[3] Existing and proposed easements (or other use restrictions), watercourses
and wetlands, if any.
(4) A major site plan shall include all the information required for
a minor site plan application and the following additional information:
(a) The name, signature and contact information of any licensed professional
architect, landscape architect, registered professional engineer or
registered professional land surveyor who has certified the site plan
information.
(b) A site plan drawn to scale on one or more sheets that shows the location
and dimensions of the following:
[1] Site boundaries and natural features.
[2] Topography, with elevation lines at no more than ten-foot intervals,
as measured using the nearest United States Coast and Geodetic Survey
bench mark [National Geodetic Vertical Datum (NGVD)].
[3] Existing and proposed buildings and structures, parking spaces, pedestrian
walks, driveways, internal roads, access and egress points, loading
areas, external storage areas, dumpsters, service areas and natural
areas.
[4] Existing and proposed landscaping, including fencing, walls, planting
areas, screening, surface treatments and other vegetation.
[5] Existing and proposed drainage and utility systems, including water
and sewer, natural gas, electric, streetlighting and entertainment
and telecommunications systems.
[6] Existing and proposed freestanding signs.
[7] Existing and proposed exterior lighting, indicating height, size,
design, LUX (lumens per square meter) of lit areas, and materials.
[8] Existing and proposed easements (or other use restrictions), watercourses
and wetlands, if any.
[9] Existing and proposed open spaces, common areas, pedestrian amenities
available to the public, other recreational uses and land to be left
in or restored to its natural state.
[10]
Any unusual historical considerations affecting the area.
(c) Facade elevations of any new construction and/or alteration to any
existing building or structure.
(d) The existing and proposed floor area of all structures and the number
of residential units proposed.
(e) The number and location of proposed parking areas, including those
reserved for handicapped individuals.
(f) Whether existing buildings will be reused.
(g) A table indicating, for each zoning classification, the applicable
required and proposed front, side and rear yard setback distances.
(h) A description of the use, ownership and zoning of adjacent land within
200 feet of the site boundaries and the use of any buildings thereon.
(i) Photographs of the site, identifying any existing structures to be
altered and the relationships to adjacent properties.
(j) Proposed covenants, deed restrictions or similar land use restrictions,
if any.
(k) Plans for drainage and dust and erosion control.
(l) Where gravel or loam removal or filling is proposed, the location
of extraction or filled areas and the approximate volume in cubic
yards.
(m) Whether the project affects significant visual corridors.
(n) Where a site will generate more than 500 vehicle trips per day, a
study showing project pedestrian movement and vehicular traffic flow
within the site and in relation to adjacent areas or roads and an
estimation of the projected number of motor vehicle trips to and from
the site for an average day and for peak hours.
(o) Other information that the Planning Board deems necessary in order
to perform a complete analysis.
(5) Application waivers. On request of an applicant, the Planning Board
may waive some or all content required in a site plan application.
D. Filing procedure; copies.
(1)
A site plan application shall be filed with a paper original,
with seven paper copies plus an electronic copy in a commonly used
format.
(2)
Before filing, an applicant for a building permit which might
require a prior site plan review may discuss the application and all
plans and supplemental documents with a designee of the Planning Board.
(3)
Thereafter, the applicant shall file the application and all
plans and supplemental documents with the Town Clerk, who shall stamp
the date and time of submission. The Town Clerk shall then forward
the filing to the Planning Board or its designee.
E. Fees and costs.
(1)
The Planning Board shall adopt and may amend a fee schedule
sufficient to cover the routine cost of site plan reviews, including
the costs associated with public input meetings. Before accepting
the filing of an application for a site plan review, the Planning
Board or its designee shall require the applicant to pay the fee prescribed.
(2)
The Planning Board may require an additional deposit sufficient
to cover any extraordinary expenses connected with review of the application,
such as for consultant services, which it deems necessary for a thorough
review.
F. Acceptance for review.
(1)
The Planning Board or its designee shall determine whether each
application complies with the requirements of this section and is
sufficient for review.
(2)
If the Planning Board determines that a project has the potential
for substantial effect on nearby uses, and if the applicant has filed
a minor site plan, then the Planning Board may determine that the
application is not sufficient for review. Thereafter, the applicant
may file a major site plan for the same project.
G. Review by other Town boards and agencies.
(1)
When it accepts an application for site plan review as sufficient
for review, the Planning Board may seek comment from some or all of
the following Town boards and officers:
(c) Department/Board of Public Works;
(2) Whenever the Planning Board seeks comment from other Town boards
and officers, it shall request comment by a specified date. For a
major site plan, the other boards shall normally be allowed at least
35 days for comment.
(3) Any Town board or officer may submit written recommendations to the
Planning Board, whether or not the Planning Board has requested that
comment.
(4) If an officer or board fails to provide a timely response, the Planning
Board shall deem that the application is unopposed by that officer
or board.
H. Public input meeting.
(1)
The Planning Board, in its discretion, may hold a public input
meeting regarding any site plan review. Any public input meeting will,
as required by state law, be conducted as a public meeting and with
the primary purpose of accepting comments and answering questions
from the public regarding the site plan.
(2)
Notice of public input meeting.
(a) Required notice. The Planning Board shall give notice of any public
input meeting as follows:
[1] By posting notice in a conspicuous place in the Town Hall.
[2] By posting notice on the Town's internet website.
(3) Additional notice. The Planning Board, in its discretion, may give
or require additional notice as follows:
(a) Where a proposal affects a property on or near a Town boundary, by
mailing notice to the Planning Board of the adjacent municipality.
(b) By mailing written notice to other neighboring landowners.
I. Approval;
conditions; disapproval.
(1) Before approving a site plan, the Planning Board may require modifications
or impose conditions and safeguards that are reasonable in relation
to the interests of the Town and public health, safety and welfare
and for the protection of neighboring uses or otherwise serving the
purposes of this chapter. Any conditions, safeguards or limitations
shall be in writing and shall become a zoning requirement.
(2) Conditions may be imposed for the following purposes:
(a) To ensure adequate parking.
(b) To ensure adequate interior circulation and minimal conflict between
vehicles and pedestrians.
(c) To ensure safe and adequate access to and from public rights-of-way.
(d) To ensure adequate access, travel and on-site movement for fire and
police equipment and other emergency services.
(e) To ensure reasonably adequate underground electric, telephone, cable
television, internet, and other communications and other such utilities.
(f) To ensure compliance with the Sign Bylaw.
(g) To provide landscaping and screening sufficient to establish buffers
between incompatible land uses, including measures to reduce the visual
impact of potentially unsightly uses such as storage areas, machinery,
service areas, truck-loading areas, dumpsters, and utility buildings.
(h) To ensure that exterior and site lighting will be compatible with
the neighborhood, will not inconvenience neighbors, and will not add
unreasonably to overall light pollution in the Town.
(i) To make adequate provisions for storage, refuse storage and removal,
drainage, dust and erosion control, water supply, wastewater disposal
and power supply.
(j) To ensure that the project is reasonably compatible with abutting
properties or any special features in the area.
(k) To protect significant visual corridors.
(l) To make reasonable accommodations to any significant historical considerations
affecting the area.
(m) If the project is in the Industrial (I), Commercial Business Corridor
(CBC) or Downtown Commercial Business Corridor (DCBC) District zones,
to encourage reasonable reuse of existing buildings.
(3) Conditions may also be imposed for the following purposes when a
site plan involves construction or substantial expansion of a structure:
(a) To better match the architectural style of the proposed building(s)
to the prevailing character of and scale of buildings in the neighborhood
and the Town.
(b) To make the height of any proposed alteration compatible with the
style and character of the surrounding buildings.
(c) To make the proportions and relationships between windows and doors
compatible with the architectural style and character of the surrounding
area.
(d) To improve the compatibility of the structure to the open space between
it and adjoining structures.
(e) To improve the compatibility of the design of the roof with the architectural
style and character of the surrounding area.
(f) To improve the compatibility of the landscaping with the character
and appearance of the surrounding area.
(g) To improve the compatibility of the scale of the structure with its
architectural style and the character of the surrounding buildings.
(h) To better blend the facades with other structures in the surrounding
area with regard to the dominant vertical or horizontal expression.
(i) To improve the compatibility of architectural details, including
signs, materials, colors and textures with the original architectural
style and to preserve and enhance the character of the surrounding
area.
J. Written
decision.
(1) The Planning Board shall cause to be made a detailed record of its
proceedings. The record of proceedings shall state the Planning Board's
decision and the authority for and reasons for that decision. It shall
also indicate the vote of each member upon each question or, if absent
and failing to vote, indicating such fact. The record shall also include
written recommendations received from other Town officers and boards.
Copies of the record shall be filed in the office of the Town Clerk
and shall be a public record.
(2) After approving a site plan, or any extension, modification or renewal
thereof, the Planning Board shall issue a written decision memorandum
stating its official actions, including any conditions imposed.
(3) A copy of the decision memorandum shall be mailed to the owner (and
to the applicant, if other than the owner), containing the name and
address of the owner, identifying the land affected, and stating that
copies of the decision and all plans referred to in the decision have
been filed with the Town Clerk. Copies of the decision shall also
be mailed to every person who was present at the public input meeting
and who requested that notice be sent to him or her and who provided
a mailing address. A copy shall also be filed in the Town's records
of land use decisions.
K. Time
limits for Town actions.
(1) Once accepted for review by the Planning Board, an application for
site plan review shall be deemed approved without condition if the
Planning Board has neither scheduled a public input meeting nor taken
final action within 90 days of the original filing with the Town Clerk.
(2) Time limits for Planning Board actions may be extended with written
or verbal recorded consent of the applicant.
L. Post-decision
events.
(1) Site plan approval shall lapse two years following the issuance of
the associated building permit if a substantial use or construction
has not occurred.
(2) A site plan that is disapproved may be revised and resubmitted without
prejudice.
(3) Any approved site plan may be revised by following the same procedure
as required for original approval. Nevertheless, the Planning Board
may accept minor revisions to an approved site plan without collecting
fees, notifying other boards or officers or conducting a public input
meeting.
[Amended 3-24-2022 STM
by Art. 17]
A. Purpose and scope.
(1)
Special permit review provides detailed oversight of uses and
structures which have the potential for substantial impacts on the
Town or are likely to create conflicts with surrounding uses. Special
permits are also required for other land regulation purposes, such
as construction in flood hazard areas and expansion of nonconforming
uses.
(2)
Special permit review aims to protect the natural, environmental,
scenic and aesthetic qualities of the Town and the health, safety
and general welfare of its residents. The review assesses the impacts
on abutting and nearby properties, and also on traffic, Town services
and the general environment.
(3) This section describes procedures used by the special permit granting
authority in reviewing special permit applications. Depending on the
case, that may be the Planning Board, the Zoning Board of Appeals
or the Board of Selectmen.
B. Applications. An applicant for a special permit shall file an application
that includes:
(1) All the information required for a major site plan review application under §
199-13.3. Nevertheless, the Planning Board may waive one or more of those requirements and accept a site plan for review if, considering the scale and impact of the project, meeting the requirement would be unduly burdensome.
(2) A statement describing any conditions, easements or limitations which
the applicant is willing to accept to mitigate possibly harmful impacts
on the neighborhood or Town.
(3) A narrative statement explaining facts which the applicant believes
can assist the special permit granting authority in making the findings
required below to approve the special permit.
(4) Application waivers. On request, the special permit granting authority
may waive some or all content required in a special permit application.
C. Filing procedure; copies.
(1) A special permit application shall be filed with a paper original,
seven paper copies, and an electronic copy in a commonly used format.
(2) Before filing, an applicant may discuss the application and all plans
and supplemental documents with a designee of the Planning Board.
(3) Thereafter, the applicant shall file the application, including all
plans and supplemental documents, with the Town Clerk, who shall stamp
the date and time. The Town Clerk shall then forward the site plan
portion of the filing to the Planning Board or its designee and the
remainder of the filing to the special permit granting authority or
its designee.
(4) If a project requires two or more special permits from different
boards, on request of the applicant, the boards may hear the project
in a joint hearing, collect a single fee, and provide a single notice
to the public.
D. Fees and costs.
(1)
The Planning Board shall adopt (and from time to time amend)
a fee schedule sufficient to cover the routine cost of special permit
reviews, including the costs associated with public hearings. Before
accepting the filing of an application for a special permit, the special
permit granting authority or its designee shall require the applicant
to pay the fee prescribed.
(2)
The special permit granting authority may require an additional
deposit sufficient to cover any extraordinary expenses connected with
review of the application, such as for consultant services, which
it deems necessary for a thorough review.
(3)
On request, the special permit granting authority may waive
some or all fees and costs in cases of demonstrated hardship or in
cases where an applicant makes a minor revision to a special permit
within one year of its effective date.
E. Acceptance for review. The special permit granting authority (or
its designee) shall determine whether each application complies with
all appropriate requirements of this section and is sufficient for
review. An application that is not sufficient for review shall be
deemed rejected, without prejudice to refiling.
F. Review by other Town boards and agencies.
(1) When it accepts a special permit application as sufficient for review,
the special permit granting authority may seek comment from some or
all the following Town boards and officers:
(c) Department/Board of Public Works;
(2) Whenever the special permit granting authority seeks comment from
other Town boards and officers, it shall request comment by a specified
date, which shall normally be at least 35 days hence.
(3) Any Town board or officer may submit written recommendations to the
special permit granting authority that it deems appropriate, whether
or not the special permit granting authority has requested that comment.
(4) If an officer or board fails to provide a timely response, the special
permit granting authority may deem that the application is unopposed
by that officer or board.
G. Coordination with site plan review.
(1)
When the special permit granting authority is the Planning Board,
that Board shall conduct a consolidated proceeding to decide both
the site plan review and the special permit.
(2)
When the special permit granting authority is the Zoning Board
of Appeals or the Selectmen, the Planning Board shall conduct an advisory
site plan review. The special permit granting authority shall give
the Planning Board at least 30 days to conduct that review before
granting or denying the special permit. Thereafter, the special permit
granting authority may approve, approve with conditions or disapprove
the special permit.
H. Public hearing.
(1) The special permit granting authority shall hold a public hearing
on each special permit application that has been found sufficient
for review.
(2) The special permit granting authority shall give notice of the public
hearing as follows:
(a) By posting notice in a conspicuous place in the Town Hall for at
least 14 days in advance.
(b) By posting on the Town's internet website.
(c) By publication in a newspaper of general circulation in the Town
once in each of two successive weeks, the first time at least 14 days
in advance.
(d) By first class mail to all parties in interest as defined in state
law.
(3) Additional notice. The special permit granting authority, in its
discretion, may give additional notice by mailing written notice to
other neighboring landowners.
I. Mandatory
findings. Before granting a special permit, with or without conditions,
the special permit granting authority shall find that the proposed
structure or use satisfies all of the following standards:
(1) The structure and/or use is in compliance with all provisions and
requirements of this chapter and in harmony with its general intent
and purpose.
(2) The structure and/or use is essential or desirable to the public
convenience or welfare at the proposed location.
(3) The structure and/or use will not be detrimental to adjacent uses
or to the established or future character of the neighborhood.
(4) There will not be undue traffic congestion or undue impairment to
pedestrian safety.
(5) The structure and/or use will not overload any public water, drainage
or sewer system or any other municipal facility to such an extent
that the proposed use or any existing use in the immediate area or
in any other area of the Town will be unduly subjected to hazards
affecting public health, safety or general welfare.
J. Approval;
conditions; disapproval.
(1) Before approving a special permit, the special permit granting authority
may impose conditions and safeguards.
(2) Any conditions shall be reasonable in relation to the interests of
the Town and public health, safety and welfare; for the protection
of neighboring uses or otherwise serving the purposes of this chapter.
Any conditions, safeguards or limitations shall be in writing and
shall be made part of the special permit. The special permit granting
authority may impose the following conditions, safeguards or limitations:
(a) Conditions recommended by the Planning Board after consideration
of the site plan.
(b) Front, side and rear yards greater than the minimum required by this
chapter and screening buffers or planting strips, fences or walls
as specified by the special permit granting authority.
(c) Limitations upon the dimensions of buildings, lot coverage, method
and time of operation, time duration of the permit or extent of facilities.
(d) Regulation of the number and location of driveways or other traffic
features and off-street parking or loading or other special features
beyond the minimum required by this chapter.
K. Voting
requirements.
(1) Supermajority. Approval of a special permit, with or without conditions,
requires a vote of at least four members of any five-member board
and a unanimous vote of any three-member board. Where a motion to
grant a special permit fails to obtain the required majority, the
special permit is denied.
(2) Associate members. The Board of Selectmen may appoint an associate
member of the Planning Board. The associate member may participate
in all meetings of the Planning Board. The associate member may vote
only on questions regarding a special permit and only when the Board
has either a vacancy, an absent regular member, or a regular member
disqualified due to conflict of interest.
L. Written
decision.
(1) Record. The special permit granting authority shall cause to be made
a detailed record of its proceedings. The record of proceedings shall
state the special permit granting authority's decision and the authority
and reasons for that decision. It shall also indicate the vote of
each member upon each question or, if absent and failing to vote,
indicating such fact. The record shall also include written recommendations
received from other Town officers and boards, including any recommended
decision from the Planning Board after a site plan review.
(2) Written decision. After granting a special permit or any extension,
modification or renewal thereof, the special permit granting authority
shall issue a written decision memorandum stating its official actions,
including any conditions imposed. The decision memorandum shall also
specify which appeals, if any, may be made under state law and this
bylaw.
(3) Mailing and copies. A copy of the record shall be filed within 14
days in the office of the Town Clerk. A certified copy of the decision
memorandum shall be mailed to the owner (and to the applicant, if
other than the owner), containing the name and address of the owner,
identifying the land affected, setting forth compliance with the statutory
requirements for the issuance of that special permit and certifying
that copies of the decision and all plans referred to in the decision
have been filed with the Planning Board and the Town Clerk. Copies
shall also be mailed to other parties in interest. Copies of the decision
shall also be mailed to every person who was present at the public
hearing and who requested that notice be sent to him or her and who
provided a mailing address. A copy shall also be filed in the Town's
records of land use decisions.
M. Recording.
A special permit shall not take effect until a copy of the decision
by the special permit granting authority, to which is attached a certification
of the Town Clerk that no appeal has been filed, is recorded by the
applicant in the Registry of Deeds.
N. Time
limits for Town actions.
(1) Public hearings on special permit applications shall be held within
65 days of the original filing of the application with the Town Clerk.
(2) An application for special permit shall be deemed approved without
condition if the special permit granting authority has not taken final
action within 90 days of concluding the public hearing.
(3) In accord with state law, time limits for board actions prescribed
in this section may be extended by written agreement between the applicant
and the special permit granting authority.
O. Post-decision
events.
(1) Special permits shall lapse two years following the issuance of the
special permit if a substantial use or construction has not begun.
(2) A special permit application that has been unfavorably and finally
acted upon by the special permit granting authority shall not be resubmitted
within the following two years unless:
(a) After notice is given to parties in interest of the time and place
of the proceedings when the question of such consent will be considered;
(b) The special permit granting authority finds, by the same majority
required to have granted the special permit, that specific and material
changes have occurred to those conditions leading to the previous
unfavorable action, and so describes those changes in the record of
its proceedings; and
(c) All but one of the members of the Planning Board consents.
(3) A special permit may be revised by following the same procedure as
required for original approval. Nevertheless, the special permit granting
authority may accept minor revisions to any special permit without
public hearing.