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Russel Site Plan Review
This document discusses site plan review procedures. It explains that site plan review authority comes from state zoning laws and local zoning bylaws. The purpose of site plan review is to regulate land use through establishing conditions rather than prohibiting uses. Site plan review addresses layout, design, safety and environmental issues. Conditions imposed must relate to the project and regulating boards include planning boards. Procedures like public hearings and documentation of decisions are also discussed.
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Russel Site Plan Review
- 1. Site Plan Review WayneFeiden, FAICP Fall, 2012 For WayneCitizen Planner Training Collaborative the Feiden, FAICP for Citizen Planner Training Collaborative
- 2. State Authority forSite Plan Review Site Plan Review Zoning Act: MGL c. 40A, §9 Home Rule Amendment: Article 97, MA Constitution Approved by Courts (zoning act is silent) Still need authority in local zoning Wayne Feiden, FAICP for Citizen Planner Training Collaborative
- 3. Site Plan (vsSpecial Permit) • “Regulation of use, rather than its prohibition” • Shape a project and create best design – layout, appearance, safety and environmental • E.g., parking, traffic, drainage, circulation, roadway construction, signage, utilities, screening, lighting, pedestrian and bicycle accommodation • Almost never to deny a project Wayne Feiden, FAICP for Citizen Planner Training Collaborative
- 4. Site Plan ReviewBoards • • • • • • Planning Board (usually most experienced) Board of Selectmen/City Council (rare) Zoning Board of Appeals (rare) Building Inspector (older models) Planning staff (technical issues, newer models) Hybrid Board (e.g., Cape Cod) Wayne Feiden, FAICP for Citizen Planner Training Collaborative
- 5. Local Thresholds forSite Plan • When other permits needed – E.g., Special Permit or Variance • Use other permits NOT needed (by-right use) – E.g., building, parking lot, traffic thresholds – Conditions before building permit can issue – Cannot be used to deny the use Wayne Feiden, FAICP for Citizen Planner Training Collaborative
- 6. Site Plan ReviewBoard 1. Reject site plan: fails to furnish information required by zoning 2. Impose reasonable conditions: even at the expense of the applicant, but not as indirect denial 3. Reject site plans ALMOST NEVER: “proper in form, {site plan} may be so intrusive on the needs of the public in one regulated aspect or another that rejection by the board would be tenable.” Wayne Feiden, FAICP for Citizen Planner Training Collaborative
- 7. Minimum Procedural Safeguards Provideapplicant 1. 2. 3. 4. 5. Opportunity for hearing, EVEN if not required Opportunity to be heard and present evidence Reasonable notice of time and place of hearing Access to all facts on which the board may rely Access to record of proceedings and evidence Wayne Feiden, FAICP for Citizen Planner Training Collaborative
- 8. Key Aspects ofSite Plan • • • • • • • • Pedestrian and vehicular access and circulation Parking and loading Landscaping, screening and buffers Lighting Signage Stormwater management Water and wastewater systems Architectural style and scale Wayne Feiden, FAICP for Citizen Planner Training Collaborative
- 9. Conditions may include: • • • • • • • • • • • • •Connections to Dumpster screening sidewalks Construction mitigation • Sidewalk extensions Limitations on signage • Bicycle racks Limits on vehicles • Bicycle separation Noise limits • Hours of operation Maintenance guarantees • Police details during Landscaping heavy traffic periods Parking spaces Dust control Sewer connection Financial performance guarantee HoursWayne Feiden, FAICP for Citizen Planner Training Collaborative of operation
- 10. Vote • Majority voteof those present, unless specified otherwise in local zoning • If proceedings are continued to various sessions, upon municipal acceptance of M.G.L. c 39, s23D, a member may miss one session and still vote if that member certifies in writing that he/she has reviewed all evidence from the missed session. Wayne Feiden, FAICP for Citizen Planner Training Collaborative
- 11. Time Lines andGrandfathering • No court decisions yet • Be specific in zoning – Allow for mutually agreed upon extensions • Typically follow special permit time line • Freeze provision of M.G.L. c40A, §6 probably to not apply to site plan approval Wayne Feiden, FAICP for Citizen Planner Training Collaborative
- 12. Appeal of SitePlan Decisions • Where connected to Special Permit or Variance appeal connected to that permit • Where connected to building permit, appealable connected to that permit • Where local zoning provides detail as to proper procedure Wayne Feiden, FAICP for Citizen Planner Training Collaborative
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- 14. Reading a SitePlan: Using a Scale • Standard 3-sided Engineering Scale • Two scales per side 10 1 inch=10 feet 20 1 inch=20 feet 30 1 inch=30 feet 40 1 inch=40 feet 50 1 inch=50 feet 60 1 inch=60 feet • Anything else as a multiple of above 40 multiplied by 2= 80 1 inch= 80 feet 10 multiplied by 10=100 1 inch=100 feet 20 multiplied by 10=200 1 inch=200 feet Wayne Feiden, FAICP for Citizen Planner Training Collaborative
- 15. Using A Scale WayneFeiden, FAICP for Citizen Planner Training Collaborative
- 16. Symbols are NOTuniversal: ASK if not clear Wayne Feiden, FAICP for Citizen Planner Training Collaborative
- 17. • • • • • • Plan Sheets Locus plan:the project in context Index plan: the entire project Plan view: straight down Profile view: cut-away view (e.g. underground) Cross section: perpendicular to a run Details: details on specific aspects Title Block Legend Locus Map Abutters North Arrow Scale Certification of Designer (PE, PLS) Wayne Feiden, FAICP for Citizen Planner Training Collaborative
- 18. Details Wayne Feiden, FAICPfor Citizen Planner Training Collaborative
- 19. Plan View↑ Profile View↓ WayneFeiden, FAICP for Citizen Planner Training Collaborative
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- 21. Beaver Brook clustersite plan
- 22. Beaver Brook clustersite plan
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- 25.
- 26. Gateway Business Center,Leominster Wayne Feiden, FAICP for Citizen Planner Training Collaborative
- 27. Surrounding Land Uses WayneFeiden, FAICP for Citizen Planner Training Collaborative
- 28. Surrounding Land Uses WayneFeiden, FAICP for Citizen Planner Training Collaborative
- 29. Surrounding Land Uses WayneFeiden, FAICP for Citizen Planner Training Collaborative
- 30. Building Plan Wayne Feiden,FAICP for Citizen Planner Training Collaborative
Editor's Notes
- #6 Site plan review in conjunction with a special permit application is the earliest version of the device and remains quite common. This system operates by requiring both a special permit and site plan from the same board. The site plan is used to provide detailed information to the SPGA. Where one board serves as SPGA and the other reviews site plans can be cumbersome. There is a potential for conflict. Conditions imposed by one board may be in conflict with conditions imposed by the other board.
- #7 As to this power the Appeals Court commented that this would typically be a case in which despite best efforts no form of reasonable conditions could be devised to satisfy the problem. There has never been a case under this power and none are known at the lower court. Boards are strongly advised to resist the temptation to deny site plans under this power unless the proposed use dwarfs the community’s capacity to handle it.
- #8 These safeguards are suggested where the local zoning bylaw does not require a public hearing.
- #9 If a site plan review is not conducted in conjunction with a special permit or variance application, can the site plan review board use MGL, Chapter 44, Section 53G to hire outside consultants? Probably not. This is important because many of the above issues are highly technical.
- #11 Make it clear that the community must first accept M.G.L c 39, s23D. Otherwise the Board member that missed a session cannot vote on the application.
- #16 Instructor should guide class in completing the exercise. Slide is hard to read from far away but each participant has a handout containing this exercise.
- #17 Instructor should refer to handout that was given to each participant for a list of additional legend items
- #18 Instructor should assist the class to find on the plan the items listed on this slide. The next slide shows the index plan with arrows pointing to these items.
- #28 Industrial mill across the street
- #29 Gas station to the east
- #30 Residential uses to the rear
- #31 The building