russel site plan review

Site Plan ReviewSite Plan Review

Wayne Feiden, FAICP

Fall, 2012

For the Citizen Planner Training CollaborativeWayne Feiden, FAICP for Citizen Planner Training Collaborative

State Authority for Site Plan Review

Site Plan Review

Zoning Act: MGL c. 40A, §9

Home Rule Amendment: Article 97, MA ConstitutionApproved by Courts(zoning act is silent)

Still need authority in local zoning

Wayne Feiden, FAICP for Citizen Planner Training Collaborative

Site Plan (vs Special Permit)Site Plan (vs Special Permit)

• “Regulation of use, rather than its prohibition”Regulation of use, rather than its prohibition”

• Shape a project and create best designShape a project and create best design– layout, appearance, safety and environmentallayout, appearance, safety and environmental

• E.g., parking, traffic, drainage, circulation, E.g., parking, traffic, drainage, circulation, roadway construction, signage, utilities, roadway construction, signage, utilities, screening, lighting, pedestrian and bicycle screening, lighting, pedestrian and bicycle accommodationaccommodation

• Almost never to deny a projectAlmost never to deny a project


Site Plan Review BoardsSite Plan Review Boards• Planning Board (usually most experienced)Planning Board (usually most experienced)• Board of Selectmen/City Council (rare)Board of Selectmen/City Council (rare)• Zoning Board of Appeals (rare)Zoning Board of Appeals (rare)• Building Inspector (older models)Building Inspector (older models)• Planning staff (technical issues, newer models)Planning staff (technical issues, newer models)• Hybrid Board (e.g., Hybrid Board (e.g., Cape Cod)Cape Cod)


Local Thresholds for Site PlanLocal Thresholds for Site Plan

• When other permits neededWhen other permits needed– E.g., Special Permit or VarianceE.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


Site Plan Review BoardSite Plan Review Board

1.1. Reject site plan: fails to furnish information required Reject site plan: fails to furnish information required by zoningby zoning

2.2. Impose reasonable conditions: even at the expense Impose reasonable conditions: even at the expense of the applicant, but not as indirect denialof the applicant, but not as indirect denial

3.3. Reject site plans ALMOST NEVER: “proper in Reject site plans ALMOST NEVER: “proper in form, {site plan} may be so intrusive on the needs form, {site plan} may be so intrusive on the needs of the public in one regulated aspect or another that of the public in one regulated aspect or another that rejection by the board would be tenable.”rejection by the board would be tenable.”


Minimum Procedural SafeguardsMinimum Procedural SafeguardsProvide applicant Provide applicant 1.1. Opportunity for hearing, EVEN if not required Opportunity for hearing, EVEN if not required 2.2. Opportunity to be heard and present evidenceOpportunity to be heard and present evidence3.3. Reasonable notice of time and place of hearingReasonable notice of time and place of hearing4.4. Access to all facts on which the board may relyAccess to all facts on which the board may rely5.5. Access to record of proceedings and evidenceAccess to record of proceedings and evidence


Key Aspects of Site PlanKey Aspects of Site Plan

• Pedestrian and vehicular access and circulationPedestrian and vehicular access and circulation• Parking and loadingParking and loading• Landscaping, screening and buffersLandscaping, screening and buffers• LightingLighting• SignageSignage• Stormwater managementStormwater management• Water and wastewater systemsWater and wastewater systems• Architectural style and scaleArchitectural style and scale


Conditions may include:Conditions may include:• Dumpster screeningDumpster screening• Construction mitigation Construction mitigation • Limitations on signageLimitations on signage• Limits on vehiclesLimits on vehicles• Noise limitsNoise limits• Maintenance guaranteesMaintenance guarantees• Landscaping Landscaping • Parking spacesParking spaces• Dust controlDust control• Sewer connectionSewer connection• Financial performance guaranteeFinancial performance guarantee• Hours of operationHours of operation• Police details during heavy traffic periodsPolice details during heavy traffic periods


• Connections to Connections to sidewalkssidewalks

• Sidewalk extensionsSidewalk extensions• Bicycle racksBicycle racks• Bicycle separationBicycle separation• Hours of operationHours of operation• Police details during Police details during

heavy traffic periodsheavy traffic periods

VoteVote

• Majority vote of those present, unless specified Majority vote of those present, unless specified otherwise in local zoningotherwise in local zoning

• If proceedings are continued to various sessions, If proceedings are continued to various sessions, upon municipal acceptance of M.G.L. c 39, s23D, upon municipal acceptance of M.G.L. c 39, s23D, a member may miss one session and still vote if a member may miss one session and still vote if that member certifies in writing that he/she has that member certifies in writing that he/she has reviewed all evidence from the missed session.reviewed all evidence from the missed session.


Time Lines and GrandfatheringTime Lines and Grandfathering

• No court decisions yetNo court decisions yet

• Be specific in zoning Be specific in zoning – Allow for mutually agreed upon extensionsAllow for mutually agreed upon extensions

• Typically follow special permit time lineTypically follow special permit time line

• Freeze provision of M.G.L. c40A, §6 Freeze provision of M.G.L. c40A, §6 probably to not apply to site plan approvalprobably to not apply to site plan approval


Appeal of Site Plan DecisionsAppeal of Site Plan Decisions

• Where connected to Special Permit or Where connected to Special Permit or Variance appeal connected to that permitVariance appeal connected to that permit

• Where connected to building permit, Where connected to building permit, appealable connected to that permitappealable connected to that permit

• Where local zoning provides detail as to Where local zoning provides detail as to proper procedureproper procedure


Illegal Illegal Condition Condition

#2#2

• Standard 3-sided Engineering Scale• Two scales per side

10 1 inch=10 feet 20 1 inch=20 feet30 1 inch=30 feet 40 1 inch=40 feet50 1 inch=50 feet 60 1 inch=60 feet

• Anything else as a multiple of above40 multiplied by 2= 80 1 inch= 80 feet10 multiplied by 10=1001 inch=100 feet20 multiplied by 10=2001 inch=200 feet

Reading a Site Plan: Using a Scale


Using A Scale


Symbols are NOT universal: ASK if not clearWayne Feiden, FAICP for Citizen Planner Training Collaborative

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)


Details


Plan View↑ Profile View↓


Final Project

Beaver Brook cluster site plan

Entrance details: Beaver Brook

Visual Assessment


Gateway Business Center, Leominster

Surrounding Land Uses


Building Plan


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