The administrative requirements herein are authorized by the Town of Sherborn Zoning Bylaw, § 240-5.3A(2) Special permits for site changes in the business district, and Article VI, Special Permit Granting Authority.
In case of conflict among the Zoning Bylaw, and/or these regulations,
and/or an approved site plan, the order of precedence shall be:
These regulations shall apply to projects subject to a site plan special permit under § 240-5.3A of the Zoning Bylaw.
In order to facilitate the review process, the applicants may
schedule a meeting with the Town Planner to review the requirements
and the process. At the discretion of the Town Planner, a presubmission
meeting with the Planning Board may also be scheduled prior to submitting
an application for a site plan special permit. Other resources that
are available to the applicant that will aid the application and review
process include the Sherborn Permitting Procedures Manual (available
at https://www.sherbornma.org/sites/g/files/vyhlif1201/f/uploads/finalprocedures.pdf
and for sale at Town Hall) as well as copies of the regulations and
fee schedules of other Town departments/boards. It is recommended
that these resources be consulted before preparing plans in order
to minimize or avoid plan changes after submittal.
A.
The site plan shall be drawn at a scale one inch equal 20 feet, and
on a maximum sheet size of 24 inches by 36 inches, all existing (dash
line) and proposed (solid line) features and elevation contours in
compliance with the requirements of site plan approval of the Zoning
Bylaw. Approved site plans shall be drawn on a reproducible Mylar
both for recording and to file with the Planning Board.
B.
Contents. The site plan shall contain, at a minimum, the following
information to assist the Planning Board in evaluating the site plan.
Separate sheets shall be used as appropriate to retain plan legibility:
(1)
The names and address of the record owner of the land, the name
and address of the developer and/or applicant (if different from the
owner), and the name, seal, and address of the designer, engineer,
and surveyor who made the plan, all of which shall appear in the lower
right-hand corner.
(2)
A signature block located on the right side of each drawing
with suitable space to record the action of the Planning Board and
the signatures of the members of the Board, and indicating the date
of approval and date of endorsement.
(3)
A locus plan drawn to a scale of one inch equals 1,000 feet,
showing the general location of the site in relation to all adjacent
and nearby roads, railroads, waterways, and utility easements. Name
of development, scale and North arrow, date of plan and legend.
(4)
The lot shall be tied into the nearest town, county, and state
bound. Bearings and curve data distances of all lot lines. Locations
of driveways, parking and service areas, names of all parties of interest
including abutters, owners of land directly opposite on any public
or private street or way, and abutters to the abutters within 300
feet of the property line as they appear on the most recent applicable
tax list, including those in other cities or towns. The plan shall
also show the location of easements, rights of way, public or private
ways, and other reservations existing, planned or proposed, on, adjacent
to, or intersecting the subject site.
(5)
Assessor's Map and lot numbers of subject property.
(6)
Zoning district(s) and any boundary of zoning districts within
the lot, along any lot line, or within any adjoining property.
(7)
Topography for the entire site shall be shown in two-foot intervals
except where the Board requires that a one-foot contour interval be
used. Contours and elevations of existing and proposed features shall
be based on the North American Vertical Datum of 1988 (NAVD 88). Existing
contours are to be shown as dashed lines and proposed contours are
to be shown as solid lines.
(8)
The location and dimensions (including height) of all existing
and proposed buildings and structures, including ground coverage,
gross floor area, and breakdown of indoor and outdoor floor area.
Open area uses and other uses and improvements. All doorways and their
way of opening shall be shown for all existing and proposed buildings.
Location of buildings existing on the tract to be developed and on
adjacent tracts within a distance of 100 feet from the property line,
indicating whether existing buildings on the tract are to be retained,
modified, or removed. Existing soil conditions and soil suitability
test results.
(a)
A statement of the amount of area of land involved in the site,
the percentage of the site proposed to be covered by buildings and
parking areas, the number of square feet of gross floor area, the
area to be proposed to be devoted to open space, the area proposed
to be paved for parking, driveways, loading space, and sidewalks,
the total number of parking spaces proposed and required by the Zoning
Bylaw for the uses proposed, the number of employees expected per
shift, and the total floor area of proposed commercial, industrial,
office or other use.
(b)
Where the Zoning Bylaw set requirements related to the above
figures, those requirements also shall be listed in a manner that
permits comparison of the required vs. the proposed quantities.
(9)
Existing and proposed front, side, and rear yard dimensions.
Proposed dimensions shall be in accordance with the Town of Sherborn
Zoning Bylaw as most recently revised.
(10)
Parking lots showing driveway entrances and exits designed for
safe ingress and egress, curb cuts, layout of parking spaces, aisles,
pedestrian walks, necessary ramps, and representative cross sections
of all proposed service and parking areas and driveways. All of the
above shall be in accordance with the applicable sections of the Town
of Sherborn Zoning Bylaw as most recently revised. All parking and
access shall comply with the Architectural Access Board and Americans
with Disabilities Act[1] regulations. The applicant shall indicate the basis for
determining the number of parking spaces.
(a)
The plan for any new building shall include appropriate access
for fire equipment, such access to be approved by the Fire Chief on
the plans prior to construction of the building. Access to present
buildings shall be kept clear of hazardous substances and obstacles
which may, in the opinion of the Fire Department, impede the proper
placement of fire apparatus and personnel in case of fire.
(b)
Proposed traffic circulation systems, including the volume and
proposed direction of projected traffic flows into, out of, and within
the site for both vehicles and pedestrians for an average day and
for peak hours.
(c)
Off-street loading facilities, necessary ramps, and representative
cross sections of all proposed parking areas and driveways. Curb stops
shall be shown where, in the opinion of the Planning Board, they are
necessary.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(11)
All existing and proposed landscape features such as fences, walls, planting areas, and walks. Planting details in buffer zones and green belts shall include species, height of species, spacing of plantings and shall be shown at sufficient scale to illustrate clearly the landscaping design. (See those sections of the Sherborn Zoning Bylaw, as most recently amended, pertaining to landscaping and buffers, including but not limited to §§ 240-3.4, 240-4.5C, 240-5.1E, and 240-5.6E.) Plans for walks, walls, and fences shall include dimensions, materials and finishes.
(12)
All plans shall show the edge of wetlands, the edge of the 100-year
(FEMA) flood plain, the edge of isolated areas subject to flooding,
the banks of intermittent streams, the banks of perennial streams,
the banks of lakes and ponds, the banks of rivers, the riverfront
area (including the 100-foot and 200-foot riparian zones), and the
edge of the 100-foot wetland buffer zones. The limits of these resource
areas shall be determined in accordance with applicable Massachusetts
Department of Environmental Protection Regulations (310 CMR 10.00
to 10.60, including appendixes) and any Town of Sherborn Zoning Bylaw,
General Bylaw or Town regulation relative to wetland protection, aquifer
protection, and/or water resource protection. FEMA panel number, zone
designation, and base flood elevation shall be indicated on the plan.
Wetland boundaries shall be identified according to the requirements
of the Conservation Commission as to criteria and time of year analyzed.
If no resource areas or buffer zones are located on the subject property,
then a statement to that effect shall be on the plans.
(13)
All facilities for water supply and distribution, fire protection,
lighting, and facilities for the prevention of air pollution and protection
of the groundwater. All utilities are to be installed underground.
(a)
The following site lighting information shall be provided: type,
height, wattage, footcandle output directly under the light source,
and footcandle output at the property line and a photometric layout/diagram
showing direction and intensity of outdoor lighting. Lighting fixtures
shall be of "cutoff" design, and not floodlight design, unless otherwise
approved by the Planning Board. Footcandle output directly under the
light source shall not exceed five and shall not exceed .25 at the
property line. Lighting (poles and fixtures combined) shall not exceed
15 feet in height.
(b)
A duplicate site plan showing a photometric diagram/layout to
establish the boundaries of the illumination shall be provided. The
duplicate site plan need not show the detail of the actual site plan,
but shall show the lot, building(s) on the lot, light standard location,
and perimeter of the illumination of each light.
(14)
Location and dimensions (including height) of all storage facilities
for equipment, material, and other like items.
(15)
Location and dimensions (including height) of facilities for
garbage, rubbish, and other waste collection and disposal. Description
and plan of capacity and location of means of sewage disposal, together
with approval of the Board of Health and evidence of soil suitability
for such disposal (test pit locations shall be shown on the plans).
(16)
All facilities for accommodating stormwater drainage and snowmelt
runoff from all buildings, driveways, parking areas, and service areas
on the site. The site plan shall be accompanied by a storm drainage
study based on the design criteria of a twenty-five-year storm, certified
by a professional engineer and a proposed drainage system plan, both
surface and subsurface, showing measures proposed to prevent pollution
of surface water or groundwater, soil erosion, increased runoff, changes
in groundwater level and flooding. All stormwater drainage shall be
contained on site unless otherwise approved by the Planning Board.
Major structures, culverts, detention basins, and retention basins
shall accommodate the 100-year-frequency storm event. Leaching pits,
basins, and galleys shall be installed. The drainage design shall
incorporate best management practices, compliance with the EPA 2016
Massachusetts MS4 general permit (as it may be amended from time to
time by EPA) and standards in compliance with the most recent edition
of the Massachusetts Stormwater Management Handbook. Soil percolation
and/or permeability tests shall be conducted to document the capacity
of the soil to accommodate the discharge of the proposed drainage
system. Runoff from all structures shall be accommodated into leaching
basins unless otherwise approved by the Planning Board. All runoff
from parking areas, driveways and service areas on the site shall
be directed into a dedicated oil-water separator. Roof runoff shall
be discharged into dry wells.
(17)
A plan for the control of erosion, siltation, and dust before
and during construction, including, but not limited to, appropriate
ground cover, crushed stone construction entrance and street sweeping
of adjacent public ways, as required by the Board. The Board may require
seeding.
(18)
Location and dimensions (including height) of existing and/or
proposed freestanding signs and the manner of their external illumination.
(19)
All private wells within 200 feet of the property.
(20)
All public or community water supply wells within 1,000 feet
of the property.
(21)
Removal of earth shall be performed in accordance with the requirements in accordance with the Town of Sherborn Bylaws, including § 240-5.4 of the Zoning Bylaw, and as specified by other agencies. The applicant shall also indicate on the plan the volume of fill and/or gravel borrow that will be trucked onto the site. The Board may require certification of compliance with MGL c. 21E, as most recently amended, with respect to the existence of contamination or threat of contamination on the site.
(22)
The maximum size vehicle, including trailers, expected to use
the site after construction shall be identified by length, width,
height, and AASHTO designation.
(23)
All existing and proposed structures shall have indicated on
the plans their garage and pedestrian entrances and exits and their
openings.
(24)
All existing and proposed public and private utilities, above
and below grade, along with their type, size, and class, shall be
shown on the plan. All proposed and existing public and private utilities
on site shall be located underground.
(25)
All waivers proposed by the applicant and approved by the Planning
Board or a statement to the effect that no waivers are being requested
shall be indicated on the plan.
(26)
There shall be no impact of drainage on abutting public or private
water supply.
(27)
The construction requirements of parking lots and driveways
shall be the same as that for roadways as specified in Schedule A
of the Subdivision Rules and Regulations.[2] As may be specifically allowed under the Sherborn Zoning
Bylaw, parking lots may be other than bituminous pavement as follows:
(a)
Parking areas serving municipal open spaces shall be classified
as being in one of two use categories: conservation-passive uses for
which vehicle use is infrequent (trips/day) and of low capacity (parking
fewer than 20 cars) and recreation-active uses for which vehicle use
is frequent (trips/day) and of high capacity (parking above 20 cars).
(b)
Drainage for both conservation-passive and recreation-active
parking areas shall be designed such that there is no increased runoff
impact from the built condition as compared to the existing condition.
All drainage design shall be under the direction of a licensed professional
as is required for any site plan documents. The site design shall
strive to mitigate existing land deficiencies that create an undesirable
impact off-site.
(c)
Parking area design shall establish that there is satisfactory
subsurface soil material to structurally support the proposed vehicle
use. The subgrade shall meet design standards required for local roadway
design of residential subdivisions. There shall be a minimum of eight-inch
thickness of graded, crushed stone base meeting the installation and
stone material standards of a local residential subdivision street.
There shall be a four-inch-thick, dense-graded, crushed stone layer
and four-inch-thick bituminous concrete pavement corresponding to
the standards for a local residential subdivision roadway.
(d)
Conservation-passive parking area surfaces may be one of the
following surfacing options:
[1]
Pavers and grass at 1 1/2-inch minimum paver
thickness;
[2]
Natural or synthetic honeycomb pavers a minimum
of six inches deep and bearing on fully compacted base material and
filled/surrounded with porous granular materials;
[3]
A two-inch thickness of graded crushed stone with
aggregate at 3/4-inch plus one-inch size.
(f)
Parking spaces are to be adequately denoted by permanent measures
as approved by the Planning Board.
(g)
Maintenance covenant: All municipal parking areas built for
conservation or recreation uses under a special permit shall be subject
to a periodic site review permit/use reinstatement.
(h)
Public access and public safety conditions shall be a condition
of any such parking lot use. Such conditions as safe access from a
public way, lighting and traffic controls, lane and parking stall
markings, parking area travel way, etc., shall be in conformance with
the regulations for normal site plan approval.
(i)
All other aspects and criteria listed in the Zoning Bylaw for
granting of any special permit shall be applicable for these conservation
and recreation parking area standards.
[2]
Editor's Note: Schedule A is included as an attachment to this chapter.
(28)
Parking stalls shall be painted according to MassDOT specifications,
as most recently amended. Lines shall be at the head of and along
the sides of parking stalls. Lines shall be four inches wide and shall
be one consistent color, either yellow or white. Stalls are measured
from the center of lines.
(29)
Any additional details that may be pertinent.
(30)
The applicant shall provide a written statement describing how
the proposed site plan application meets the general conditions of
approval of Sherborn Zoning Bylaw.
A.
General. The following shall be submitted to the Planning Board Office:
eight copies of the site plan, eight copies of the application form
"Petition for Special Permit," eight copies of the site plan approval
checklist, application fee (see Schedule C for amount of fee[1]), review fee (if applicable, to be determined on a case-by-case
basis), certified list of abutters from Assessors' office, copy of
any decisions for subject property from Zoning Board of Appeals, three
copies of stormwater drainage report, three copies of traffic assessment
(study), completed bank tax ID form for review fee funds, letter regarding
consent for use of Board's consultant, good-standing approval from
Tax Collector's office. Note: Please also contact the Board of Health
office for its site plan fee. The Town Planner shall review the application
for completeness within 14 days of submittal. If not substantially
complete, the site plan may be returned to the applicant with a list
of the discrepancies noted for correction. If found to be substantially
complete, the Town Planner shall distribute, within five business
days, one copy each to the Building Commissioner, Board of Health,
Conservation Commission, Police Chief, Fire Chief, and DPW Director.
The agencies receiving these copies shall have up to 21 days to make
recommendations to the Planning Board.
(1)
The application must be accompanied by a copy of a certified
list, from the Board of Assessors, of the names and addresses of all
abutters and abutters to abutters within 300 feet of the subject property
taken from the most recent tax list.
(2)
If the property was previously granted a special permit or variance
from the Zoning Board of Appeals, a copy of the decision and the site
plan reviewed by the Board of Appeals must also accompany the application.
If the property is before the Board of Appeals for a special permit
at the time of application to the Planning Board for site plan approval,
a copy of the application form submitted to the Zoning Board of Appeals
shall also be submitted to the Planning Board.
(3)
The site plan shall be prepared by a professional engineer (PE)
and a registered land surveyor licensed to practice in the Commonwealth
of Massachusetts, as appropriate, and certified by same with their
seal, stamp and signature. The proposed use(s) and site development
shall conform to the requirements set forth in the Town of Sherborn
Zoning Bylaw and other regulations, as applicable. The plan shall
conform to the administrative requirements set forth herein.
(4)
Technical data, as deemed by the Planning Board to be necessary,
shall be provided to support the site plan and resulting findings.
[1]
Editor's Note: Schedule C is included as an attachment to this chapter.
B.
Traffic congestion control and analysis. A traffic study shall be
required that documents existing and projected traffic within reasonable
proximity of the site, the impacts of the project on level of service
of nearby roads and intersections, sight distances at exits/entrances
and proposed mitigation measures.
C.
Waivers. Upon request of the applicant, the Planning Board may waive
the requirement to provide any of the planning information which it
deems not relevant to the proposed development.
See Planning Board Fee Schedule C.[1]
[1]
Editor's Note: Schedule C is included as an attachment to this chapter.
A.
Notice. Notice of hearings shall be advertised as required by the
provisions of MGL c. 40A, § 11.
B.
The public hearing shall be held within 65 days from the date of
the proper filing of the application. The public hearing shall be
conducted in accordance with the rules and procedures prescribed by
the Planning Board as required by the Zoning Act of Massachusetts
General Laws and shall be open to the public and in accordance with
MGL c. 30A, §§ 18 through 25, as amended ("Open Meeting
Law").
C.
Representation and absence. An applicant may appear in his own behalf
and/or be represented by an agent or attorney. In the absence of any
appearance without due cause on behalf of an applicant, the Board
may decide on the matter using the information it has otherwise received.
A.
Time. Within 90 days of the conclusion of the public hearing, the
Planning Board shall vote on site plan approval and file its decision
with the Town Clerk.
B.
Modification/amendment/endorsement. The Planning Board shall have
the power to modify or amend its approval of a site plan on application
of the person owning or leasing the premises, or upon its own motion
in the event of changes in physical conditions sufficient to justify
such action within the intent of the Zoning Bylaw. All of the provisions
applicable to approval shall, where apt, be applicable to such modification
or amendment.
C.
Voting requirement.
(1)
The concurring vote of at least four members of the Board shall
be necessary to grant site plan approval. Any amendments or conditions
proposed to an original motion to grant site plan approval shall be
declared passed, based on a simple majority vote.
(2)
The record shall show the vote of each member upon each question
or, if failing to vote, indicate reasons for its decision.
D.
Written notification of decision/detailed record.
(1)
The Planning Board shall issue a written decision to the applicant
giving the reasons for its decision.
(2)
A detailed record of proceedings, including the vote on each
question shall be filed with the Town Clerk.
(3)
If site plan approval is granted by the Board, the applicant
shall submit a revised plan reflecting any and all conditions of approval
within 60 days of filing of the Board's decision with the Town Clerk.
A.
Application. Prior to acceptance, all applications shall be reviewed
by the Planning Board or its agent. If the Planning Board decides
that an application is incomplete, it shall be deemed invalid and
the fee returned. If desired, the applicant may resubmit a completed
application, which shall be treated as a new application.
B.
Withdrawal. An application may be withdrawn, without prejudice, by
notice in writing to the Board at any time prior to the hearing by
the Planning Board. After an advertisement, withdrawal, without prejudice,
is only by Planning Board approval.
A.
If an approval is granted by the Planning Board, all permits necessary
for the prosecution of the work shall be obtained and construction
shall be commenced within one year from the date of filing of the
Planning Board's decision in the office of the Town Clerk.
B.
It is recommended that requests for extensions be submitted in writing
to the Planning Board at least 60 days prior to the expiration date
of site plan approval.
C.
Reasonable extension of said time may be granted by the Board for
good cause shown.
D.
The Planning Board is herein authorized to assess observation fees
and require applicants to have site plan improvements observed during
the construction phase of the project.
Any appeal of the decision of the Planning Board to any order
or decision relative to site plan approval shall be made in conformance
with the conditions set out by the Zoning Act. All such appeals shall
be conducted in accordance with the Zoning Act (MGL c. 40A, § 17).
