"Site plan review" is a means of protecting the public interest through the evaluation of potential impacts of new development and redevelopment of land and structures within the Town of Rockport. Site plan review minimizes impacts that are otherwise permitted through the imposition of reasonable conditions.
[Amended 4-27-2019 ATM; 4-1-2023 ATM]
A.
Minor construction project. The following are classified as a minor construction projects:
(1)
The construction or exterior expansion of a single-family or two-family dwelling and any accessory or appurtenant building when the gross floor area of the buildings either separately or combined is 6,000 square feet or more.
(2)
The construction of a parking lot with six or more parking spaces or the expansion of an existing parking lot, which expansion increases the number of parking spaces to six or more.
(3)
The construction or addition of a raised loading dock on an existing building.
(4)
The construction or addition of a drive-through onto an existing building.
B.
Major construction project. The following are classified as a major construction project:
(1)
The construction of a multifamily dwelling;
(2)
The construction of an educational, institutional, or recreational building as listed in Section II of the Table of Permitted Uses in the Zoning By-law. Buildings used solely for agricultural purposes are exempt from site plan review;
(3)
The construction of a building for retail business and commercial service uses as listed in Section IV of the Table of Permitted Uses;
(4)
The construction of a building for commercial or industrial uses as listed in Section V of the Table of Permitted Uses;
(5)
Any minor construction project that the Planning Board, in its discretion, determines should be classified as a major construction project.
(6)
The expansion within a five-year period of an existing building, which would have been classified originally as a major construction project, by 1,500 square feet of gross floor area or a 30% increase in the gross floor area, whichever amount is less.
Construction and site alterations subject to site plan review shall be considered in the context of the location, the proposed use, and, when new construction or redevelopment of structures is involved, the design of the building. As is reasonably practicable, a proposed site plan shall achieve the following objectives:
A.
Minimize the following:
B.
Maximize pedestrian, bicycle, and vehicular access and safety both on-site and when entering and leaving the site;
C.
Minimize the obstruction of scenic views from public locations;
D.
Minimize the visibility of parking, storage, or other outdoor service areas that could be viewed from public areas or developed residential properties;
E.
Require that outdoor lighting comply with Chapter 235, Lighting, and minimize the glare from the headlights of vehicles;
F.
Require the use of architectural features, materials and scale so that proposed structures are in harmony with existing buildings in the immediate vicinity;
G.
Require the use of landscaping and other outdoor features that will enhance the visual quality of the site;
H.
Minimize, to the extent practicable, adverse environmental impacts to adjacent properties by limiting hours of operation, noise, odor, dust and vibration, and by requiring appropriate design and materials for containment, ventilation, screening, soundproofing, and sound dampening;
I.
Provide stormwater management and plans for the construction of roads and driveways which are consistent with the Town's Subdivision Regulations, state and federal law, and the requirements of the Department of Public Works;
J.
Provide adequate access to the site structures for fire and public safety equipment;
K.
Provide adequate utility and wastewater disposal services.
Pursuant to MGL c. 40A, § 3, site plan review of lands owned by a religious sect or denomination or by a nonprofit education corporation is limited to the bulk and height of structures, yard sizes, lot area, setbacks, open space, parking and building coverage requirements.
A.
Minor construction projects. At least seven days prior to a regularly scheduled Planning Board meeting, an applicant shall file with the Planning Board Secretary an application and four copies of the site plan at a scale appropriate on a 24 inches by 36 inches sheet and 13 copies of the same site plan in an 11 inches by 17 inches format. The Planning Board Secretary shall distribute a copy of the application and four of the 24 inches by 36 inches plans or, alternatively, distribute a single copy of each document electronically in PDF format to each of the Department of Public Works, the Building Inspector, Town Clerk, and the Planning Board office file. The Planning Board Secretary shall distribute the remaining 11 inches by 17 inches copies as follows: one each to the Select Board, one each to the Zoning Board of Appeals, one to the Conservation Commission, one to the Board of Health, one to the Historic Preservation Commission, one to the Chief of Police, one to the Fire Chief, and five to the Planning Board members. Alternatively, the Planning Board Secretary may distribute the above-described plans electronically in PDF format.
B.
Major construction projects. At least 14 days prior to a regularly scheduled Planning Board meeting, an applicant shall file with the Planning Board Secretary an application, four copies at a scale of standard format plan 24 inches by 36 inches sheet, 13 copies of the same site plans in an 11 inches by 17 inches format which conform to the site plan approval review plans and submittal checklist of the Planning Board Rules and Regulations. The Planning Board Secretary shall distribute a copy of the application and four of the 24 inches by 36 inches plans or, alternatively, distribute a single copy of each document electronically in PDF format to each of the Department of Public Works, the Building Inspector, Town Clerk, and the Planning Board office file. The Planning Board Secretary shall distribute the remaining 11 inches by 17 inches copies as follows: one each to the Select Board, one each to the Zoning Board of Appeals, one to the Conservation Commission, one to the Board of Health, one to the Historic Preservation Commission, one to the Chief of Police, one to the Fire Chief, and five to the Planning Board members. Alternatively, the Planning Board Secretary may distribute above-described plans electronically in PDF format.
C.
Applicant other than the property owner. If a person who is not the owner of the subject property is the applicant on a site plan application, a signed statement from the owner of the subject property granting full authority to the applicant must be submitted with the site plan application.
D.
Plan contents.
(1)
Minor construction project site plan requirements. Scaled site plans should show the following:
(a)
The existing and proposed boundaries, and the lot dimensions and area;
(b)
The location of all existing and proposed buildings;
(c)
The location of existing and proposed driveways, parking areas, parking spaces, and handicapped parking and access;
(d)
The zoning for the property and any zoning district boundaries that may intersect the site;
(e)
Details of the existing and proposed open space, proposed areas of landscaping, existing trees if 24 inches in diameter or more, and the types and size of plants and trees for proposed landscaping; and
(f)
Any mechanical equipment or storage tanks to be located at grade.
(g)
Topographic data is required on a site plan unless the applicant can demonstrate that such data is unnecessary for the review of a minor construction project.
(2)
Architectural drawings. An applicant shall submit scaled elevation drawings for a minor construction project that show the following:
(3)
Major construction site project plan requirements. The major construction project site plan checklist submission requirements are contained in the Rules and Regulations of the Planning Board.
(4)
Minor construction project review procedure. The Planning Board shall review project submissions for the sufficiency of the documentation and, if required, refer the project to the Zoning Board of Appeals, the Historic District Commission, the Conservation Commission, or any other board or commission that would have jurisdiction over the project. On a minor construction project, the Planning Board shall hold a public hearing within 60 days of the filing date of the application or within 45 days after a project referred to another board or commission has been returned to the Planning Board by that board or commission. The Planning Board shall decide the site plan application within 30 days of the close of the public hearing.
(5)
Major construction project review procedure. The Planning Board shall review the site plans submitted against the plans and submittal checklist to determine the sufficiency of the documentation and, if required, refer the project to the Zoning Board of Appeals, the Historic District Commission, the Conservation Commission, or any other board or commission that would have jurisdiction over the project. On a major construction project, the Planning Board shall hold a public hearing within 60 days of the filing date of the application or within 45 days after a project referred to another board or commission has been returned to the Planning Board by that board or commission. The Planning Board shall decide the site plan application within 30 days of the close of the public hearing.
(6)
Waiver of site plan requirements. Upon written request of an applicant, the Planning Board may waive any plan content requirement or any requirement of the plans and submittal checklist in the Rules and Regulations of the Planning Board. The applicant shall have the burden of demonstrating to the Planning Board that a requirement for which a waiver is sought is either burdensome or unnecessary for an adequate review of the project. The Planning Board's waiver of any requirement shall be made by resolution of the Board adopted prior to the close of the public hearing, and the Planning Board shall set forth in the resolution the reason the waiver is granted.
(7)
Withdrawal of waiver. If during the approval process the Planning Board discovers new information that would have caused the Board to refuse to grant a waiver already granted, the Planning Board may rescind the previously granted waiver.
(8)
Consultants.
(a)
In its discretion, the Planning Board may determine that the Planning Board requires the advice of outside consultants in connection with the Board's review of a site plan. Upon such determination, the Planning Board shall inform the applicant of the funds that the applicant shall be required to deposit in an escrow account with the Town to cover the Board's anticipated professional fees. To continue the review process, the applicant shall deposit with the Town the funds requested by the Planning Board for its consultant review. If the escrow becomes insufficient to reimburse the Planning Board for its consultant fees, the applicant may be required by the Planning Board to deposit additional funds with the Town. All escrowed fees shall be deposited prior to the Planning Board's issuance of an approval to a site plan.
(b)
Application. Surplus funds deposited by the applicant shall be refunded to the applicant within 30 days of a final determination on the site plan application. An applicant shall have a right of appeal to the Select Board from the Planning Board's selection of an outside consultant under this section as described in MGL c. 44, § 53G.
(9)
Public hearing. The Planning Board shall schedule a public hearing within with the time periods set forth in Subsection D(4) or (5) above after receipt of the application and applicable filing fee. The Planning Board shall prepare the notice of the public hearing, and the applicant shall be responsible for providing notice as set forth in this subsection and shall pay the costs of publication and mailing. Notice shall be given as follows:
(a)
Notice of the public hearing shall be published in a newspaper of general circulation in the Town of Rockport, once in each of two successive weeks. The first publication of the notice shall be not less than 14 days before the hearing and second publication of the notice shall be not less than five days before the hearing.
(b)
A notice of the public hearing shall also be posted in the Town hall by a date not less than 14 days before the public hearing.
(c)
Notice of the public hearing shall be mailed by first class mail at least 14 days before the public hearing date to property owners who are abutters to the project parcel(s), who are owners of land directly opposite on any public or private street or way, or who are abutters to the abutters and within 300 feet of a property line of the project parcel(s) as those owners appear in the most recent applicable tax list. Notice shall also be mailed to the Planning Board of every abutting city or town.
(d)
Prior to the public hearing, the applicant shall file with the Planning Board Secretary a statement from the Town Assessor's office, certifying to the Planning Board the names and addresses of the property owners whom the applicant was to notify of the public hearing and shall provide to the Secretary certified mailing receipts, with return receipts requested, showing that the notice of the public hearing was mailed. The sheet with names and addresses of property owners must have all return receipts returned before submitting to Planning Board.
(10)
Decision.
(a)
The Planning Board shall issue a decision on a site plan application within 30 days of the close of the public hearing. The Planning Board's decision shall be in writing. The decision shall take one of the following actions:
[1]
Approve the site plan application without conditions;
[2]
Approve the site plan application with the Planning Board imposing conditions reasonably related to achieving the objectives of the review criteria set forth in § 400-78 above;
[3]
Deny the site plan application because the project did not meet the objectives of the review criteria set forth in § 400-78 above; or
[4]
Deny the site plan application because the applicant has not provided information or documentation required for the Planning Board to rule on the application and the Planning Board determines that the application remains incomplete.
(b)
Decisions on site plan applications for religious or nonprofit educational uses. The Planning Board may impose reasonable conditions as provided in § 400-79 above on a site plan application for a religious or nonprofit educational facility, but it shall not deny such site plan application.
(c)
Approval of a site plan review application or any extension, modification or renewal thereof shall not take effect until a copy of the decision bearing the certification of the Town Clerk that 20 days have elapsed after the decision has been filed in the office of the Town Clerk and either that no appeal has been filed or the appeal has been filed within such time. Proof of recording with the Essex Registry of Deeds shall be presented to the Building Inspector prior to the commencement of work.
(11)
Duration. Site plan approval shall expire two years after it is granted if construction of the project is not commenced within that period. Upon application made prior to the expiration of the two years, the Planning Board may extend the site plan approval for an additional 90 days.
(12)
Regulations. The Planning Board may adopt and from time to time may amend rules and regulations for the administration of site plan review.
(13)
Fees. Board fees associated with the site plan approval process are to be set by resolution of the Board.
(14)
Enforcement by the Building Inspector. Prior to the issuance of a certificate of occupancy, the Building Inspector shall determine that the project has been constructed in accordance with the approved site plan and any conditions imposed by the Planning Board.