[HISTORY: Adopted by the Zoning Board of Appeals 3-4-2004.
Amendments noted where applicable.]
A.
Sections 264-2 through 264-7 of these rules establish procedures for applications to the Zoning Board of Appeals for comprehensive permits granted under the Anti-Snob Zoning Act (Chapter 774 of the Acts of 1969), M.G.L. c. 40B, §§ 20-23. They are required by M.G.L. c. 40B, § 21, as amended by Stat. 1989, c. 593, and by 760 CMR 31.02. The purpose of that act and these rules is to facilitate the development of affordable housing in Massachusetts. Further explanation of the background and purpose is provided in the regulations of the Housing Appeals Committee, 760 CMR 30.01. These rules alone are not sufficient to describe comprehensive permit procedures before the Zoning Board of Appeals. They must be read in conjunction with and implemented in a manner consistent with the complete regulations of the Housing Appeals Committee, 760 CMR 30.00 and 31.00 and with the Guidelines for Local Review of comprehensive permits, published periodically by the Department of Housing and Community Development. In addition, the Board's general rules for conduct of hearings under M.G.L. c. 40A apply to comprehensive permit applications. In case of inconsistency or conflict between those general rules for conduct and these rules, these rules shall govern.
As used in this chapter, the following terms shall have the meanings
indicated:
Any person or entity making an application to or requesting action
by the Zoning Board of Appeals.
The Zoning Board of Appeals established under M.G.L. c. 40A, § 12,
in the Town of Dover.
A permit requested or granted under the Anti-Snob Zoning Act (Chapter
774 of the Acts of 1969), M.G.L. c. 40B, §§ 20-23.
Any local board or official, including but not limited to any board
of survey; board of health; planning board; conservation commission; historical
commission; water, sewer, or other commission or district; fire, police, traffic,
or other department; building inspector or similar official or board; city
council or board of selectmen. All boards, regardless of their geographical
jurisdiction or their source of authority (that is, including boards created
by special acts of the legislature or by other legislative action) shall be
deemed local boards if they perform functions usually performed by locally
created boards.
A.
The application for a comprehensive permit shall consist
of:
(1)
Proposed site development plans prepared by a licensed,
professional engineer or registered land surveyor showing, at least:
(a)
The locations and outlines of proposed buildings, roads,
streets, drives, parking areas, walks, paved areas, rights-of-way, easements,
utilities, drainage and other improvements including cross-sections, profiles,
details and specifications;
(b)
Boundary, lot, and property lines;
(c)
Elevations of the proposed buildings and structures;
(d)
Existing and proposed topographical lines at 2-foot contour
intervals on the tract and within 50 feet thereof; and
(e)
Lot area in square feet and acres.
(2)
A report on existing site conditions and a summary of
conditions in the surrounding areas, showing the location and nature of:
(a)
Buildings, structures, wells, and stone walls;
(b)
Bounds;
(c)
Open areas;
(d)
Natural features such as large trees (over 8-inch caliper),
wooded areas, rock outcrops, water bodies, wetlands, streams and stream obstructions
within 500 feet upstream and downstream;
(e)
Existing trails and cart paths;
(f)
Historic artifacts;
(g)
Street elevations and traffic patterns;
(h)
The names of all abutting owners and all persons and
entities having any rights in easements on the property;
(i)
Existing structures on adjacent properties within 50
feet of the property line;
(j)
Zoning district barriers;
(k)
Easements; and
(3)
Proposed, scaled architectural drawings. For each building
the drawings shall be signed by a registered architect, and shall include
typical floor plans, typical elevations, and sections, and shall identify
construction type and exterior finish. An applicant proposing to construct
or rehabilitate four or fewer units may submit a professionally drawn sketch
of the requested matters of this paragraph and need not have an architect's
signature.
(4)
Proposed landscape plan, including, but not limited to,
location, size, species, and total square feet of all proposed landscaping/and
recreational areas;
(5)
A tabulation of proposed buildings by type, size (number
of bedrooms, floor area) and ground coverage, and a summary showing the percentage
of the tract to be occupied by buildings, by parking and other paved vehicular
areas, and by open areas;
(6)
Where a subdivision of land is involved, a preliminary
subdivision plan;
(7)
A proposed utilities plan showing the proposed location
and types of sewage, drainage, and water facilities, including hydrants;
(8)
A proposed lighting plan;
(9)
Documents showing that the applicant fulfills the jurisdictional
requirements of 760 CMR 31.01, that is:
(a)
The applicant shall be a public agency, a nonprofit organization,
or a limited dividend organization (for example, corporate articles of organization
of the applicant, certificate of good standing, and a certificate from the
MA Commissioner of Corporations and Taxation stating that the applicant is
a registered nonprofit or limited-dividend corporation);
(b)
The project shall be fundable by a subsidizing agency
under a low- and moderate-income housing subsidy program, including but not
limited to a site approval letter from the subsidizing agency; and
(c)
The applicant shall control the site.
(10)
A list of requested exceptions to local requirements
and regulations, including local codes, ordinances, bylaws or regulations.
The applicant shall identify the section number of the Dover Code for each
requested exception and specify the extent and nature of the exception requested;
(11)
A copy of the most recent deed and plan of record of
the site and all documents demonstrating applicant's interest in the
site. If the site is subject to options to purchase, a complete copy of said
agreement shall be provided. If the applicant is not the current owner of
the property, documents identifying the authority of the applicant to make
the application, including but not limited to as applicable, certified corporate
vote identifying the individual authorized to act on behalf of the corporation,
a certified copy of the declaration of trust describing the power of the trustees
to act, or appropriate provisions of the purchase and sale agreement for the
property;
(12)
Detailed wastewater treatment plan and supporting engineering
data;
(13)
FEMA 100-year floodplain and any zoning overlay districts;
(14)
Identification and statement of any easements, covenants
or restrictions applying to the parcel being subdivided, and copy of each
and every decision by the Board or any other local boards concerning the property;
(15)
Location and results of soil, percolation, and water
table tests using the Department of Environmental Protection Soil Evaluation
procedures under Title V. Water table tests are required under all proposed
drainage facilities, under all buildings and adjacent to any road cuts greater
than three feet;
(16)
Engineering studies and all hydrological reports for
the proposed site;
(17)
Phase I site assessment for hazardous materials at the
site, and a Phase II site assessment, to the extent the Phase I site assessment
indicates the need for additional investigation. All other environmental studies
prepared concerning this property. The site assessments or other environmental
reports shall be prepared by a qualified environmental scientist, with qualifications
provided to the Board and with at least a master's degree in ecological
science from an accredited college or university or be a competent licensed
site professional with at least two years of experience in environmental analysis.
In addition to its usual contents, the Phase I site assessment shall assess
the impact of the development on the environment within and adjacent to the
development;
(18)
All financial information for the project, including
all funding sources and showing costs and projected profit, including marketing
studies, appraisals, cost estimates and all other documents that refer or
relate to the data contained in the pro forma;
(19)
Traffic analysis and impact report showing the impact
of the proposed project on the traffic patterns and volume, including average
daily traffic counts for streets that provide access to the site. The report
shall include:
(a)
Intersection turning movement counts on intersections
likely to be affected;
(b)
An inventory of roadway characteristics, showing the
width of principal approach streets, the presence or absence of curbing and
its conditions;
(c)
Estimated trip figures including the estimated inbound
and outbound vehicular trips for the a.m. and p.m. periods and a typical one-hour
off-peak trip generation and the estimated distribution of new trips by approach
streets; and
(d)
Estimated off-street parking and loading requirements
and time of peak accumulation.
(20)
A detailed narrative statement of the impact of the project
on Town services, and the impact on schools, traffic, transportation, recreation,
open space, roads and road maintenance, solid waste, police, fire, and safety
services and utilities;
(21)
List of abutters (as defined in the Zoning Bylaw) certified
by the Board of Assessors showing names and addresses of abutting property
owners;
(22)
Detailed drainage studies, plans, and calculations for
the proposed project;
(23)
Information regarding all measures proposed to prevent
pollution of surface water or groundwater, soil erosion, increased runoff,
and flooding;
(24)
Percent of building lot coverage and percentage to be
paved area used for parking, loading and access;
(25)
Projections of down gradient concentrations of nitrogen
phosphorous, and other relevant chemicals to be disposed of on-site, at property
boundaries and at other locations deemed pertinent by the Board, prepared
by a hydro-geologist or registered professional engineer possessing experience
and education in water supply protection and hydrology;
(26)
A stormwater management plan;
(27)
A narrative summary of the vital statistics of the project,
including number of parking spaces and estimated amounts of water consumption
and sewage discharge;
(28)
A plan showing the location, names, and present widths
of the secondary streets bounding, approaching, or within reasonable proximity
of the site, and including the tracts of land, ownership, and topography taken
from assessor's plans or field survey, if available or properties therein;
(29)
List of state and other local approvals necessary prior
to the issuance of a building permit and whether the project requires an environmental
notification form or environmental impact report pursuant to the Massachusetts
Environmental Policy Act, M.G.L. c. 30, §§ 61-62H;
(30)
Statement of the proposed term of affordability for the
affordable units;
(31)
A comparison with the most applicable zoning bylaws to
the proposed project;
(32)
A long-term monitoring plan that identifies the government
agency or other entity that will be responsible for project monitoring;
(33)
Information on the project's impact on loss of historical,
archaeological, open space, wildlife habitat or recreational resources; municipal
services, public safety; water supply; sewage disposal; construction impacts,
noise, dust, and erosion releases; wetlands and wetlands protection; infrastructure;
drainage and utilities; plans to utilize municipal facilities; and benefits
that the project might provide;
(34)
A summary of the developer's credentials and experience
with similar projects; and
(35)
Any and all additional information that the Board determines
is relevant in deciding on the application.
B.
Application fee. An application fee must be submitted
with the comprehensive permit application in the amount of $150.
C.
Notification of local boards.
(1)
Within 7 days of filing of the application, the applicant
shall notify each local board of the application by sending such local boards
the following:
(a)
A cover letter provided by the Board inviting local boards
to participate in the hearing process on the application and stating the date
of the initial hearing on the application, if such a date has been established
at the time of the notification of this section;
(b)
A copy of the list required by § 264-3A(10), above;
(c)
A full submission package shall be provided with the cover letter referenced in Subsection C(1)(a) above to the following local boards within 7 days of filing of the application: Board of Selectmen, Planning Board, Board of Health, Conservation Commission, and Dover Housing Partnership; and
(d)
A statement from the Applicant inviting local boards other than those listed in Subsection C(1)(c) above to request the full application submitted to the Board and providing the name of the applicant's contact person and contact information (including address, telephone and facsimile numbers) for such a request. The Applicant shall comply with a request from the local board for the full application within 5 days of its receipt of such request.
(2)
Prior to the first hearing on the application, the Applicant
shall certify to the Board that such notification pursuant to this section
was given, and such certification shall list the local boards to which notice
was given.
A.
If, after receiving an application or at any time during
the hearings on the application, the Board determines that the assistance
of outside consultants is warranted, the Board may hire outside consultants
pursuant to M.G.L. c. 44, § 53G; c. 40B, § 21, and this
regulation. In hiring outside consultants, the Board may engage engineers,
planners, traffic consultants, urban designers, attorneys, housing specialists,
financial analysts, hydrologists, environmental consultants, or other appropriate
professionals who can assist the Board in analyzing a project. The Board may
also retain a recording secretary to keep minutes of the hearings and to compile
and index all submissions.
B.
The reasonable costs for outside consultants (including a recording secretary) will be borne by the applicant. The applicant and the Board shall work in good faith to agree upon the type and identity of outside consultants as well as the budget for their services. However, ultimate authority on issues of the need for and identity of outside consultants (subject to the appeal procedure of § 264-4G) is retained solely by the Board and failure to cooperate with the Board on funding of outside consultants is ground for denial of the application.
C.
Minimum review fee. An applicant for a comprehensive
permit shall submit a minimum review fee for outside consultants at the initial
hearing on the application in a form appropriate for deposit in a special
account described below. The minimum review fee is the sum of the acreage
fee and unit fee as described below.
(1)
Acreage fee:
Acres of Proposed Project
|
Fee
| |
---|---|---|
Greater than 0 and less than and including 5
|
$8,000
| |
Greater than 5 and less than and including 10
|
$10,000
| |
Greater than 10 and less than and including 20
|
$12,000
| |
Greater than 20 acres
|
$15,000 + $2,000 for each additional 5 acres over 20
|
(2)
Unit fee: $250 per each proposed unit of housing. [NOTE:
By way of illustration, a project proposed for a 12-acre lot with 32 units
would have a $12,000 acreage fee and a $8,000 unit fee, for a minimum review
fee of $20,000.]
D.
Replenishment of review fee special account. When the
special account described below is depleted by 75%, the Board may require
the applicant to deposit additional funds for anticipated expenses as determined
by the Board. Additional funds in the amount that the Board determines is
reasonably necessary shall be deposited by the applicant within 10 days after
notice that the remaining funds are insufficient to cover consultant review
costs. Failure of an applicant to pay a review fee shall be grounds for the
denial of a comprehensive permit.
E.
Establishment of review fee special account. Any funds
received by the Board to cover consultant review fees shall be deposited with
the Treasurer of the Town of Dover who shall set up a special account for
this purpose pursuant to M.G.L. c. 44, § 53G. Expenditures from
this account shall be made only in connection with the specific project for
which a review fee has been or will be collected from the applicant. However,
expenditures from this account may be made at the discretion of the Board
in connection with the application for which they were collected without further
appropriation.
F.
Review fees may only be spent for services rendered in
connection with a specific application for which they were collected. Accrued
interest may also be spent for this purpose. At the completion of the Board's
review of an application and the issuance of a decision on the application,
any excess amount remaining in the account after the payment of all fees and
costs associated with outside consultants, including interest, attributable
to a specific project, shall be repaid to the applicant. A final report of
said account shall be made available to the applicant.
G.
Administrative appeal from outside consultant selection.
The applicant may take an administrative appeal from the selection of the
outside consultant to the Board of Selectmen within 10 days of the Board's
selection of that outside consultant. The grounds for such an appeal shall
be limited to claims that the consultant selected has a conflict of interest
or does not possess the minimum, required qualifications. Minimum qualifications
shall consist of either an educational degree in or related to the field at
issue or three or more years of practice in the field at issue or a related
field. The required time limit for the Board's action on the application
shall be extended by the duration of the administrative appeal. In the event
that no decision is made by the Board of Selectmen on the appeal within one
month of filing the appeal, the selection of the outside consultant made by
the Board of Appeals shall stand. The applicant must pay the consultant fee
within 10 days of the denial of the appeal or the permit will automatically
be denied.
H.
The municipal accountant shall submit annually a report
of the special account to the chief elected body and chief administrative
official of the municipality for their review. This report shall be published
in the city or Town annual report. The municipal accountant shall submit annually
a copy of said report to the Director of the Bureau of Accounts.
A.
Applicant's responsibility to distribute materials.
The applicant shall be responsible, at its own cost, for distributing information
concerning the application submitted by it or other parties to interested
local boards and persons in a timely manner.
B.
Mailing list. The applicant shall maintain a list of local boards and interested persons to whom it is responsible for distributing information concerning the application ("mailing list"). The contact person designated by the applicant in its notification pursuant to § 264-3C shall be responsible for maintaining the mailing list.
C.
Submissions list. The applicant shall maintain a list
of materials submitted by it and other parties to the Board as part of the
hearings on the application ("submissions list"). The submissions list shall
include, at a minimum, a description appropriate to identify each submission,
the date on the submission, and the date the submission was presented to the
Board, if different from the date on the submission.
A.
The Board shall hold a public hearing on the application
within 30 days of its receipt, unless such period is extended by written agreement
of the Board and the applicant. The Board may request the appearance at the
hearing of such representatives of local officials as it considers necessary
or helpful in reviewing the application. In making its decision, the Board
shall take into consideration the recommendations of local officials.
B.
The Board shall render a decision, based on a majority
vote of the Board, within forty days after termination of the public hearing,
unless such time period is extended by written agreement of the Board and
the applicant. The hearing is deemed terminated when all public testimony
has been received and all information requested by the Board has been received.
C.
The Board may dispose of the application in the following
manner:
(1)
Approve a comprehensive permit on the terms and conditions
set forth in the application;
(2)
(3)
Approve a comprehensive permit with conditions with respect
to height, site plan, size, shape or building materials that do not render
the construction or operation of such housing uneconomic.
A.
If the Board approves the comprehensive permit, any person
aggrieved may appeal within the time period and to the court provided in M.G.L.
c. 40A, § 17.
B.
If the Board denies the comprehensive permit or approves
the permit with conditions or requirements that the applicant believes are
uneconomic, the applicant may appeal to the Housing Appeals Committee as provided
in M.G.L. c. 40B, § 22.
A.
If, after receiving an application or at any time during
the hearings on the application, the Board determines that the assistance
of outside consultants is warranted, the Board may hire outside consultants
pursuant to M.G.L. c. 44, § 53G, and this regulation. In hiring
outside consultants, the Board may engage engineers, planners, traffic consultants,
urban designers, attorneys, housing specialists, financial analysts, hydrologists,
environmental consultants, or other appropriate professionals who can assist
the Board in analyzing a project.
B.
The reasonable costs for outside consultants will be borne by the applicant. The applicant and the Board shall work in good faith to agree upon the type and identity of outside consultants as well as the budget for their services. However, ultimate authority on issues of the need for and identity of outside consultants (subject to the appeal procedure of § 264-4G) is retained solely by the Board and failure to cooperate with the Board on funding of outside consultants is ground for denial of the application.
C.
Upon a determination by the Board that the assistance
of outside consultants is warranted on an application, the Board shall make
a request for a review fee to be paid by the applicant within a reasonable
period of time.
D.
Establishment of review fee special account. Any funds
received by the Board to cover consultant review fees shall be deposited with
the Treasurer of the Town of Dover who shall set up a special account for
this purpose pursuant to M.G.L. c. 44, § 53G. Expenditures from
this account shall be made only in connection with the specific project for
which a review fee has been or will be collected from the applicant. However,
expenditures from this account may be made at the discretion of the Board
in connection with the application for which they were collected without further
appropriation.
E.
Review fees may only be spent for services rendered in
connection with a specific application for which they were collected. Accrued
interest may also be spent for this purpose. At the completion of the Board's
review of an application and the issuance of a decision on the application,
any excess amount remaining in the account after the payment of all fees and
costs associated with outside consultants, including interest, attributable
to a specific project, shall be repaid to the applicant. A final report of
said account shall be made available to the applicant.
F.
Administrative appeal from outside consultant selection. The appeal procedure for an applicant of the Board's selection of an outside consultant is contained in § 264-4G.
G.
The municipal accountant shall submit annually a report
of the special account to the chief elected body and chief administrative
official of the municipality for their review. This report shall be published
in the city or Town annual report. The municipal accountant shall submit annually
a copy of said report to the Director of the Bureau of Accounts.
The provisions of these regulations are severable. If any regulation
is held invalid, the remaining provisions of these regulations shall not be
affected thereby.