[HISTORY: Adopted by the Zoning Board of Appeals of the Town
of Sterling 12-11-2018. Amendments noted where applicable.]
A.
These rules establish procedures for applications to the Zoning Board of Appeals for comprehensive permits granted under MGL c. 40B, §§ 20 through 23. They are required by MGL c. 40B, § 21, and by 760 CMR 56.05, and are adopted pursuant to said references and MGL c. 40A, § 12. The purpose of these rules is to facilitate the development of affordable housing in Massachusetts, and to govern the procedures to be followed in connection with the filing and consideration by the Board of an application for a comprehensive permit.
B.
These rules alone are not sufficient to describe comprehensive permit
procedures before the Zoning Board of Appeals. They must be read in
conjunction with and implemented in a manner consistent with 760 CMR
56.00, and with the Guidelines for Local Review of Comprehensive Permits
published periodically by the Department of Housing and Community
Development.
The Zoning Board of Appeals established under MGL c. 40A, § 12.
Any local board or official, including, but not limited to,
the Board of Selectmen, the Board of Health, Planning Board, Conservation
Commission, Police Department, Fire Department, Department of Public
Works, Building Inspector, or similar official or board, as further
defined in 760 CMR 56.02.
A.
The application for a comprehensive permit shall consist of 12 sets
of paper plans (plans should be 24 inches by 36 inches with a scale
one inch to 40 feet) and documents and one digital copy of plans and
documents in PDF of the following:
(1)
Application form.
(2)
Preliminary site development plans showing the locations and outlines
of proposed buildings; the proposed locations, general dimensions
and materials for streets, drives, parking areas, walks and paved
areas; and proposed landscaping improvements and open areas within
the site. An applicant proposing to construct or rehabilitate four
or fewer units may submit a sketch of the matters in 760 CMR 56.05(2)(a)
and (c) which need not have an architect's signature. All projects
of five or more units must have site development plans prepared by
a registered architect or engineer.
(3)
A report on existing site conditions and a summary of conditions
in the surrounding areas, showing the location and nature of existing
buildings, existing street elevations, traffic patterns and character
of open areas, if any, in the neighborhood.
(4)
Preliminary scaled architectural drawings; for each building, the
drawings shall be signed by a registered architect and shall include
typical floor plans, typical elevations and sections and shall identify
construction type and exterior finish.
(5)
A tabulation of proposed buildings by type, size (number of bedrooms,
floor area) and ground coverage, and a summary showing the percentage
of the tract to be occupied by buildings, by parking and other paved
vehicular areas, and by open areas.
(6)
Where a subdivision of land is involved, a preliminary subdivision
plan.
(7)
A preliminary utilities plan showing the proposed locations of electric
service, septic plans, drainage and water facilities, including hydrants.
Adequate supporting information shall be provided to demonstrate compliance
with the Town's Stormwater Management Bylaws.[1] If a waiver from full compliance is requested, the nature
and reasons for the waiver shall be specified in detail.
(8)
Documents showing that the applicant fulfills the jurisdictional
requirements of 760 CMR 56.04, that is;
(9)
A list of requested waivers or exceptions to local requirements and
regulations, including local codes, ordinances, bylaws and regulations.
(10)
Complete certified list of all abutters and abutters of abutters, in accordance with MGL c. 40A, § 11.
(11)
Site approval letter from the state, federal, or other qualified
funding agency indicating acceptability of site.
B.
The application shall be accompanied by an application filing fee
of $500. There shall be no filing fee for any project proposed as
a local initiative project pursuant to 760 CMR 56.04.
C.
Within seven days of receiving a complete application, the Board shall notify each local board of the application by sending such Local Board a copy of the application materials required by § 601-3A above. The Board shall also, within the same seven days, invite the participation of each local board as is deemed necessary by the Board for it to render a decision on the application.
A.
When reviewing an application for, or when conducting inspections
in relation to, a comprehensive permit application, the Board may
determine that it requires technical advice in such areas as civil
engineering, transportation, environmental resources, design review
of buildings and site due to the size, scale or complexity of a proposed
project; because of a project's potential impacts; or because
the Town lacks the necessary expertise to perform the work related
to the comprehensive permit application. Whenever possible, the Board
shall work cooperatively with the applicant to identify appropriate
consultants and scopes of work and to negotiate payment of the consultant
fees by the applicant. Alternatively, the Board may, by majority vote,
require that the applicant pay a reasonable project review fee of
a sufficient sum to enable the Board to retain consultants chosen
by the Board alone in accordance with 760 CMR 56.05(5)(b). The Board
may also require that an applicant deposit a lump sum in order to
retain said consultants. In the event that such sum is insufficient
to fund the necessary consulting services, the Board may require additional
deposits. If the applicant fails to pay any review fee within 21 days
of request by the Board, the Board may deny the comprehensive permit.
B.
In hiring outside consultants, the Board may engage engineers, scientists,
financial analysts, planners, urban designers, or other appropriate
professionals who can assist the Board in analyzing a project to ensure
compliance with all relevant laws, bylaws, and regulations. Such assistance
may include, but not be limited to, analyzing an application, and,
to the extent permissible under the state law requirements, monitoring
or inspecting a project or site for compliance with the Board's
decision or regulations, or inspecting a project during construction
or implementation.
C.
The procedures for inviting proposals by qualified outside consultants
are as follows:
D.
Funds received by the Board pursuant to this section shall be deposited
with the municipal treasurer who shall establish a special account
for this purpose, consistent with the terms and provisions of MGL
c. 44, § 53G. Expenditures from this special account may
be made at the direction of the Board without further appropriation.
Expenditures from this special account shall be made only for services
rendered in connection with a specific project or projects for which
a project review fee has been or will be collected from the applicant.
Accrued interest may also be spent for this purpose. Failure of an
applicant to pay a review fee shall be grounds for denial of the comprehensive
permit application.
E.
At the completion of the Board's review of a project, any excess
amount in the account, including interest, attributable to a specific
project shall be repaid to the applicant or the applicant's successor
in interest. A final report of said account shall be made available
to the applicant or applicant's successor in interest. For the
purpose of this regulation, any person or entity claiming to be an
applicant's successor in interest shall provide the Board with
documentation establishing such succession in interest.
F.
Any applicant may make an administrative appeal from the selection
of an outside consultant to the Board of Selectmen. Such appeal must
be made in writing within 20 days after the Board has mailed or hand-delivered
notice to the applicant of the selection. The grounds for such an
appeal shall be limited to claims that the consultant selected has
a conflict of interest or does not possess the minimum required qualifications.
The minimum qualifications shall consist either of an educational
degree in, or related to, the field at issue, or three or more years
of practice in the field at issue or a related field. The required
time limit for acting upon an application by the Board shall be extended
by the duration of the administrative appeal. In the event that no
decision is made by the Board of Selectmen within one month following
the filing of the appeal, the selection made by the Board shall stand.
G.
If the applicant asserts that a condition imposed by the Board will render the project uneconomic and the preconditions set forth in 760 CMR 56.05(6)(a) have been satisfied, the applicant shall submit a complete pro forma, detailing the projected costs and revenues of the proposed project and an explanation of the basis and sources for the projections, and otherwise in compliance with 760 CMR 56.05(6)(b). An additional fee or fees may be imposed pursuant to 760 CMR 56.05(6)(b) for the retention of a financial expert and engineers or other consultants to assist the Board in its analysis of this claim. Alternatively, the applicant may opt to pay for the Board's financial consultant or peer review in the manner prescribed by MGL c. 44, § 53G, and this § 601-4. The Board, in its sole and unfettered discretion, may waive any or all of the additional fees if it is determined that a financial review or other review is not necessary.
A.
The Board shall hold a public hearing within 30 days of its receipt
of a complete application. A hearing shall not extend beyond 180 days
from the date a complete application is filed, presuming that the
applicant has made timely submissions of materials in response to
reasonable requests of the Board, except with the written consent
of the applicant. The Board may request the appearance at the hearing
of such representatives of local boards as it considers necessary
or helpful in reviewing the application. In making its decision, the
Board shall take into consideration the recommendation of local boards.
The applicant may, at his or her expense, hire a stenographer or otherwise
cause a transcript of proceedings to be made, provided such transcription
does not interfere with the conduct of the hearing. If the applicant
hires a stenographer, a copy of the transcript shall be provided to
the ZBA, at the applicant's expense.
B.
The Board shall render a decision, based on a majority vote of the
Board, within 40 days after termination of the public hearing, unless
such time period is extended by written agreement of the Board and
the applicant. The hearing is deemed terminated when all public testimony
has been received and all information requested by the Board has been
received.
C.
The Board may dispose of the application, by majority vote, in the
following manner:
(1)
Approve a comprehensive permit on the terms and conditions set forth
in the application;
(2)
Deny a comprehensive permit as not consistent with local needs if
the Board finds that there are no conditions that will adequately
address local concerns; or
(3)
Approve a comprehensive permit with conditions, with respect to,
height, site plan, size, shape or general appearance of the proposed
buildings, and any other reasonable condition that is necessary to
address local concerns while not rendering the construction or operation
of such housing uneconomic. In the event that the preconditions of
760 CMR 56.05(6)(a) have been met and the applicant insists that the
imposition of a condition or refusal of a requested waiver renders
the project uneconomic, the Board may require that the applicant provide
a pro forma, revised as necessary to reflect the additional cost of
meeting the condition(s) or denied waiver(s), during the latter stages
of the public hearing after the parties have had an opportunity to
review the proposed project and any revisions thereto. Determination
as to whether a condition renders a project uneconomic shall be made
consistent with the definition of "uneconomic" in 760 CMR 56.02 and
otherwise in accordance with state law requirements.
A.
In the event that, during the public hearing, the applicant proposes
any changes in its application or project plans which would affect
the project eligibility requirements set forth in 760 CMR 56.04(1),
the applicant shall comply with 760 CMR 56.04(5).
B.
In the event of material or substantial changes, the Board may request, and the applicant shall provide, any and all information specified in the § 601-3 hereof that is deemed by the Board to be necessary to evaluate such changes.
C.
In the event of a material or substantial change, any and all plans and supporting information shall be provided to all of the local boards identified in § 601-3 above.
D.
If the applicant submits a revised plan for the Board's consideration,
and said plan is the plan that is the subject of the Board's
hearing and deliberation, then the application shall be deemed to
be revised to reflect such revised plans, subject to the foregoing
provisions.
A.
If the Board approves the comprehensive permit, any person aggrieved
may appeal within the time period and to the court provided in MGL
c. 40A, § 17.
B.
If the Board denies the comprehensive permit or approves the permit
with conditions or requirements considered by the applicant to be
unacceptable, the applicant may appeal to the Housing Appeals Committee
as provided in MGL c. 40B, § 22.
