Eastham, Massachusetts
2500 State Hwy, Eastham, MA 02642
ph: 508.240.5900
XIV. Site Plan Approval - Residential
PURPOSE OF SITE PLAN APPROVAL - Residential

The purpose of Site Plan Approval for residential properties is for the rational protection of the legitimate interest of the adjoining property owners; to encourage construction that is reasonably sensitive to the scale, size and massing of buildings; to afford continued public visual access to ponds, rivers, marshes, the ocean and the bay; and to protect environmental needs and concerns of the Town.

APPLICATION

Each application for Site Plan approval - residential shall be filed with the Planning Board along with ten (10) copies and the required fee.

REQUIRED SITE PLAN CONTENT:

All site plans submitted under this section shall be in accordance with SECTION XIII (F) 1,2 A-F of this by-law.  The Planning Board shall have the right upon good cause to waive all or part of any of the above site plan content requirements.1

PROCEDURES:

The Planning Board encourages prospective Site Plan Approval -- Residential applicants to schedule a preliminary meeting with the Board prior to the filing of an application.2

The Planning Board shall transmit one copy of the Site Plan - Residential application for review, comments and recommendation to other Town boards, including but not limited to:

Inspector of Buildings          Police Department               Conservation Commission
Board of Health         Fire Department         Historical Commission
Board of Selectmen                                              Department of Public Works
The Planning Board shall hold a public hearing including notice to all abutters, within sixty five (65) days of receipt of the completed submission and shall make a decision within ninety (90) days of the opening of the public hearing.

STANDARDS AND CRITERIA

The Planning Board shall approve a site plan in the form submitted or with such reasonable conditions relating to the standards and criteria delineated in this section.

The landscape shall be preserved in its natural state insofar as practical.  The Board shall encourage the applicant to avoid grade changes and the removal of native vegetation and soil.

The proposed development shall relate harmoniously to the terrain and to the use, scale and proportions of existing and proposed buildings in the neighborhood.

Proposed development shall be in harmony with the prevailing character height and scale of other buildings in the neighborhood and the Town through the use of appropriate scale, massing building materials, screening, lighting and other architectural techniques.

Proposed building sites shall avoid impact on steep slopes, flood plains, hilltops, dunes, scenic views and wetlands.

The protection of unique or significant environmental resources including protection and maintenance of groundwater quality and recharge volume and the water quality of coastal and fresh surface water bodies.

The site plan shall maximize the convenience and safety of vehicular and pedestrian movement within the site and in relationship to adjacent ways.

FINAL ACTION1

The Planning Board’s final action shall consist of either written approval of the Site Plan subject to any condition, modifications or restrictions as the Board may impose or a written denial stating the reason for such denial.

The Planning Board shall send by certified mail a copy of the Site Plan approval, approval with conditions or denial to the applicant within 14 days of the written decision and a copy shall be filed with the Town Clerk and Building Inspector.

G.      APPEAL2

Any person aggrieved by the denial, approval with conditions, or approval by the Planning Board may appeal the action to the Zoning Board of Appeals withi 10 days of filing the decision with the Town Clerk.

The Zoning Board of Appeals shall hear and decide appeals from decisions of the Planning Board under Section XIV of these by-laws in accordance with M.G.L. c. 40A, Sec 8.

H.      ENFORCEMENT3

1.      No building permit or certificate of occupancy shall be issued for any building or structure for which a site plan is required by this by-law until such time as a plan has been approved by the Planning Board.

2.      Any decision approving a Site Plan - Residential under this section shall lapse within two years if substantial completion of the approval has not taken place.  The Planning Board for reasonable cause may extend such approval.

http://easthamma.virtualtownhall.net/Public_Documents/EasthamMA_ZoningBylaws/section14/