SITE PLAN APPROVAL IS REQUIRED FOR ANY ADDITION, EXPANSION OR CONSTRUCTION OF A SINGLE FAMILY RESIDENTIAL DWELLING OR DUPLEX RESIDENTIAL DWELLING.
A. PURPOSE OF SITE PLAN APPROVAL - SPECIAL PERMIT
The purpose of Site Plan Approval - Special Permit is to further the intent of the Zoning By-Laws of the Town of Eastham by reviewing the proposed uses and structures to ensure that new development and/or redevelopment which may have significant impacts upon abutting land, the Town, or any neighborhood, are designed in a manner which complies with the zoning By-Laws and addresses other community needs such as the protection of abutting landowners from unnecessary noise, glare or other inconvenience and provides for adequate parking and traffic management and sound waste disposal, drainage and other environmental protection.
B. PROJECTS REQUIRING SITE PLAN SPECIAL PERMITS:
1. No special permit, variance or building permit shall be issued for any of the following uses unless a Site Plan Special Permit has been granted by the Planning Board:
A. The construction or exterior alteration of any commercial, retail and/or mixed use structure;
B. The change, alteration or expansion of use of any commercial, retail and/or mixed use structure;
C. The change, in whole or in part, of any residential use to a non-residential use, or of any non-residential use to a residential use;
D. Change of an existing use or structure which constitutes a more intensive use of land, which includes any use which
1. Changes any pattern of pedestrian or vehicular movement within the site or in relation to adjacent properties or streets including access by emergency vehicles, or creates more pedestrian or vehicular traffic than the existing use,
2. Requires or will add more parking spaces,
3. Uses a greater portion of the lot,
4. Requires a special permit in the district where the existing use is permitted as a matter of right.
C. APPLICATION:
1. Each application for Site Plan Special Permit shall be filed by the petitioner with the Town Clerk, and ten (10) copies of said application, including the date and time of filing certified by the Town Clerk, shall be filed with the Planning Board.
2. Each application shall be accompanied by the required fee:
A. The fee schedule is listed in the Planning Board Regulations.
B. In addition, the applicant will bear the costs of any outside panning or engineering consultant requested by the Planning Board.
D. WAIVERS1:
The intent of site plan approval is to insure that any development which may have significant impacts upon the abutting land is reviewed for the purpose of assuring compliance with the Zoning By-law as well as to minimize negative effects on abutters and the community at large. When in the opinion of the Planning Board, the alteration or reconstruction of a structure does not substantially change the relationship of the structure to the site and to abutting properties and structures, the Planning Board may determine, without a public hearing, that submission of a site plan for special permit approval is not required. Upon application on a form approved by the Planning Board, such a determination may be made by an affirmative vote of a majority of the Planning Board present, and in no event
less than four members, and all abutters must be notified by certified mail, return receipt requested, at least seven days prior to the meeting at which such vote is to be taken. The involved structure shall be as shown on a site plan previously approved under this section or on a plan showing sufficient information as determined by the Planning Board to allow the Planning Board to make a decision. Such plan, with all proposed changes shown thereon, shall be included with the application for waiver. Notice of final action shall be sent to the Inspector of Buildings, Town Clerk and to the applicant.
Should an application be denied a waiver of Site Plan Approval requirements, a new application for a special permit must be filed.
E. PROCEDURES FOR SITE PLAN REVIEW:
1. The Planning Board may request additional information or data it judges to be necessary to render its decision.
2. The Planning Board will transmit one copy of the Site Plan Special Permit application for review, comments and recommendations to other Town Boards including but not limited to:
A. Inspector of Buildings
B. Board of Health
C. Board of Selectmen
D. Conservation Commission
E. Police Department
F. Fire Department
G. Department of Public Works
H. Historical Commission
All recommendations to the Planning Board must be in writing. Failure of Boards to make recommendations prior to the date of the scheduled hearing shall be deemed to be acceptance of the plan.
3. The Planning Board shall hold a public hearing within 65 days of the receipt of the application, and after due consideration of the evidence and recommendations of other Town Board, shall take final action within 90 days from the date the hearing closes.
F. REQUIRED SITE PLAN CONTENTS:
1. All site plans shall be prepared by a Registered Professional Land Surveyor and Registered Professional Civil Engineer.
2. All site plans shall be on standard 24" x 36" sheets, and each sheet shall be prepared at a defined scale suitable for the content of the topic covered on the sheet and shall include the following:
A. The location and boundaries of the lot, adjacent street/ways and a list showing names and addresses of direct abutters and abutters to the abutters within 300 feet,
B. Existing and proposed topography showing 2 foot contours showing “benchmark” used and significant land features, natural and man made, including, but not limited to, the location of wetlands, streams, bodies of water, drainage swales and areas subject to flooding,
C. Existing and proposed structures, including dimensions and all elevations,
D. The existing and proposed location of loading areas, driveways, walkways, access and egress points, and the location and number of parking spaces.
E. The location and description of all proposed on site wells, water supply systems, storm drainage systems, utilities, sites for enclosed refuse containers and location and capacity of septic systems,
F. Proposed landscape plan showing the location and description of screening, fencing, plantings, significant trees and finished grade contours,
G. The location and description of existing signs (a photograph will do) and the location and a sketch of proposed signs,
H. The location and description of existing and proposed open space or recreation areas,
I. A lighting plan showing existing and proposed exterior lighting, including building and ground lighting.
J. A plan for the control of erosion if applicable, and
K. A traffic study if required by the Planning Board.
G. SITE PLAN REVIEW CRITERIA:
The following criteria shall be considered by the Planning Board in its review of a site plan:
1. GENERAL
A. Compliance with all requirements of the Zoning By-Laws of the Town of Eastham.
B. Integration into the existing terrain and surrounding landscape, and protection of abutting properties and community amenities. Building sites shall, to the extent feasible:
1. Avoid use of wetlands, steep slopes, flood plains and hilltops;
2. Minimize obstruction of scenic views from publicly accessible locations;
3. Preserve unique natural and/or historical features;
4. Minimize tree, vegetarian and soil removal and grade changes;
5. Maximize open space retention; and
6. Screen objectionable features from neighboring properties and roadways.
2. ENVIRONMENTAL
A. Protection of unique or significant environmental historic or scenic features.
B. Ability of existing and proposed septic and water supply systems to serve the proposed use of the site.
C. All drainage shall be handled on site based on a calculated 25 year storm and designed so that run-off shall not be increased, groundwater recharge is maximized, pollution impacts are minimized and neighboring properties will not be adversely affected.
3. DESIGN
A. Building sites shall avoid, to the extent feasible, impact on steep slopes, flood plains, scenic views and wetlands.
B. Architectural style shall be in harmony with the prevailing character and scale of buildings in the neighborhood and the Town through the use of appropriate building materials, screening, breaks in roof and wall lines and other design techniques. Variation in detail, form and siting shall be utilized to provide visual interest and to avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air circulation and separation between buildings.
C. Exposed storage areas, machinery, service areas, truck loading areas, utility buildings and structures and other relatively unsightly uses shall be screened to protect neighbors from objectionable features.
D. Electric power, telephone, cable TV and other such utilities shall be installed underground unless specifically waived.
4. TRAFFIC
A. The site plan shall maximize the convenience and safety of vehicular and pedestrian movement within the site and in relationship to adjacent ways. Curb cuts are to be at an absolute minimum and joint access driveways between adjoining properties shall be encouraged.
B. If a traffic plan is required by the Planning Board, the plan shall describe estimated average daily and peak hour vehicle trips to be generated by the site. The plan shall describe traffic flow patterns for both vehicles and pedestrians, and provide for adequate access to and from the site and adequate circulation within the site. In describing the number of vehicle trips, the plan may use the following documentation but the Planning Board will place heavy emphasis on the impact of seasonal traffic situations as related to the Town of Eastham in considering this requirement:
1. Institute of Traffic Engineers (ITE) - Trip Generation Report (latest edition) with estimates for seasonal increases.
2. Actual traffic surveys at similar complexes in a similar seasonal area.
H. ENFORCEMENT:
1. Any special permit with site plan approval issued under this section shall lapse within two years if a substantial completion of the requirements of the Site Plan has not taken place. Such permit may be extended for reasonable cause.
2. The Developer must file the approved Site Plan Special Permit with the Registry of Deeds and furnish Book & Page Number to the Building Inspector prior to receiving a building permit.
3. Violations of the approved site plan shall be subject to the provisions of Section XII, F. Of the Zoning By-Laws.
I. FINAL ACTION -- The Planning Board’s final action shall consist of either:
1. A written denial of the application stating the reasons for such denial; or
2. The issuance of a Site Plan Special Permit subject to any conditions, modifications, and restrictions as the Planning Board may deem necessary.
J. The Planning Board may periodically amend or add rules and regulations relating to the procedures and administration of this section.
|