Site Plan ReviewSite Plan Review

Wayne Feiden, FAICP

Fall, 2014

Citizen Planner Training Collaborative

Site Plan (v. Special Permit)

• “Regulation of use, rather than its prohibition”

• Shape a project and create best design– layout, appearance, safety and environmental– parking, traffic, circulation, roadway construction

Authority for Site Plan Review

Site Plan Review

Zoning Act-MGL c.40A, §9

NOT in Zoning Act1.Home Rule--Article 97, MA

Constitution2.Approved by Courts3.MUST be authorized by local zoning!

Site Plan Review Boards

• 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., Devens Enterprise Commission)

Local Thresholds for Site Plan

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

• For by-right use (no discretionary permits)– E.g., building, parking lot, traffic thresholds– Conditions before building permit can issue– Cannot deny the use

Site Plan Review Board

1. Impose reasonable conditions: at applicant’s expense, but not as indirect denial

2. Reject site plan: 1. Fails to furnish required information 2. Otherwise, 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.”

Procedural Safeguards

1. Opportunity for hearing, EVEN if not required 2. Opportunity to be heard and present evidence3. Reasonable notice of time and place of hearing4. Access to all facts on which the board may rely5. Access to record of proceedings and evidence

Key Aspects of Site Plan

• Pedestrian, bicycle and vehicular access and circulation

• Parking and loading• Landscaping, screening and buffers• Lighting• Signage• Stormwater management• Water and wastewater systems• Architectural style and scale

– But not materials

Possible Conditions• Dumpster screening• Construction mitigation • Limitations on signage• Limits on vehicles• Noise limits• Maintenance guarantees• Landscaping • Parking spaces• Sewer connection• Financial performance guarantee• Sidewalk connections/extensions

• Police details• Bicycle racks• Bicycle separation• Hours of operation• Dust control

Vote

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

• If proceedings are continued IF 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..

Time Lines and Grandfathering

• 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

Appeal of Site Plan Decisions

• IF connected to Special Permit or Variance, IF connected to Special Permit or Variance, appeal connected to that permitappeal connected to that permit

• IF connected to building permit, appealable IF connected to building permit, appealable connected to that permitconnected to that permit

• IF local zoning provides detail, that appliesIF local zoning provides detail, that applies

Illegal Condition

• Engineering, Architecture, and Metric Scales

• Two scales per side10 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

• Other Scales

80 scale (1”=80’), use 40 scale & multiply by 2

100 scale (1”=100’), use 10 scale and add a zero

200 scale (1’=200’), use 20 scale and add a zero

Reading a Site Plan: scales

Using A Scale

Legends• Items and symbols shown on plan. For example:

catch basinexisting spot elevation x 75.0water line ____ _ _ _____contour - - - - - 104 - - -proposed underdrain _ _ _ _ _ _ _ _ _ _ _

Symbols are NOT universal: ASK if not clear

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)

Plan View↑ Profile View↓

Site Details

Visual AssessmentsMature trees and happy avitars

Environmental Legacy

Final product

• 24’ wide cul-de-sac• common driveway• 29 units (4 existing)• 28 acres

Beaver Brookcluster

14 units on private road

9 units on common driveway

Connection to Mass Central Rail Trail

25.4 acres open space +15.5 acres conservation restriction

Water Hydraulic Analysis by Dewberry-Goodkind Traffic Study by VHB

• 274 daily vehicle trips

• Weekday AM =26 vehicle trips (6 entering and 20 existing), 1 car every 2 minutes

• Weekday PM peak =30 trips (19 entering and 11 existing), 1 car every 2 minutes

Circulation

Water and Sanitary Sewer

Stormwater

DAMON ROAD

KIN

G ST

RE

ET

BRIDGE ROAD

Volkswagen & Country Hyundai

•Wetland Resources – N/A

•100 yr floodplain – N/A

•Estimated Priority Habitat - N/A

•Soils: FillSiltSand Varved Clay

•Water table - 7’ below grade

•Utilities:•King Street/Rear of Lot•Disconnected•Drain/Sewer capped

•Storm water piped to King Street

•Building Demolition in progress

•18,421 sf Volkswagen – (216) Parking spaces•17,821 sf Hyundai – (291) Parking spaces•Traffic Circulation– Vehicles, Bicycles, Pedestrians•Traffic Mitigation•Zoning – 0’ Building Setback•Utilities & Stormwater•Landscaping & Lighting•Signage•Plan Revisions

Photometric Plan

Citizen PlannerCitizen Planner

Training Training

CollaborativeCollaborative