Town of Northbridge, MA Administration and Enforcement

In acting upon an application for a special permit, the special permit granting authority shall take into consideration the following criteria:

The appropriateness of the specific site as a location for the proposed use or structure;

The adequacy of public sewerage and water facilities, or the capabilities of the site for on-lot sewerage and water provision;

Impact on the character of the neighborhood;

(d)

The safety of vehicles and pedestrians and the traffic to be generated by the proposed use or structure;

(e)

The adequacy of other public facilities to ensure proper operation of the proposed use or structure;

(f)

Consistency with the 1994 Master Plan of the town.

The special permit granting authority may grant a special permit, after consideration of all of the criteria set forth above, where it determines that the benefits of the proposed use or structure outweigh the detriments to the neighborhood and the town.

The Board shall also impose, in addition to the conditions specified for the following uses, such additional conditions to those specified in this chapter as it finds reasonably appropriate to safeguard the neighborhood or otherwise serve the purposes of this chapter, including but not limited to the following: front, side or rear yards greater than the minimum required by the chapter; screening, buffers or planting strip, fences or walls, as specified by the Board; modification of the exterior appearance of the structures: limitation upon the size, number of occupants, method and time of operation or extent of facilities, regulation of number and location of driveways or other traffic features; and off-street parking or loading or other special features beyond the minimum required in this chapter.

For the erection of a structure intended for human occupancy on a lot in the West River drainage basin, the use shall be permitted in the zoning district in which the lot in question is located, and the floor level of any area to be occupied by human beings and the ground level shall be at an elevation above mean sea level of at least 269 feet, as determined by the 1953 United States Geological Survey. All land in Northbridge within the West River drainage basin which is below this elevation is subject to flooding as the result of the construction of the West River Dam, a flood control project for the Blackstone River.

Planned Business Development.

[Amended 6-11-2002 ATM, Art. 24]

Purpose. A Planned Business Development (PBD) allows for the comprehensive and integrated development of a plot of land by permitting a mixture of open space, commercial and light industrial uses, which can be combined in a compatible relationship with each other. Multiple buildings may be allowed on an individual lot and multiple uses may be allowed in each building. The PBD provides greater flexibility in the design and layout of buildings, parking areas, and open space.

Applicability. The Planning Board may issue a special permit for a Planned Business Development, if the development application is determined to be sufficiently advantageous to render it appropriate to depart from the normal requirements of the district to the extent authorized by the Zoning Bylaw and the development meets the following requirements:

Said development shall be located in a Business District (B-1, B-2, B-3) and/or an Industrial District (I-1, I-2);

[Amended 10-23-2007 ATM, Art. 14]

Said lot shall be at least three acres in size;

A development plan shall be presented for the entire area described in the application and applicants must file a site plan under § 173-49;

(d)

Uses allowed in a Planned Business Development located in any B District shall be any use permitted by right or by special permit in any B District;

(e)

Uses allowed in a Planned Business Development located in any I District shall only be any use permitted by right or by special permit in any I District;

[Amended 10-23-2007 ATM, Art. 14]

(f)

Multiple buildings may be allowed on individual lots and multiple uses may be allowed in each building;

(g)

The development area shall be served by common parking areas and have common exits and entrances;

(h)

Developments are subject to a maximum building coverage of 80% of the lot in any Business District and 60% of the lot in any Industrial District.

[Amended 10-23-2007 ATM, Art. 14]

(i)

Parking: The number of parking and loading spaces required shall be determined by using the standards for each use as provided elsewhere in this Zoning Bylaw. The Planning Board may allow a reduction of the required number of spaces by up to 25% if it can be demonstrated that two or more uses within a single development can share parking areas due to different hours of normal activity. A change in use of one of the businesses shall require the construction of the full amount of parking otherwise required unless the Planning Board grants a special permit to allow the parking reductions to remain in effect.

(j)

Said development shall be in harmony with the general purpose and intent of this provision of the Zoning Bylaw.

(k)

For Planned Business Developments in any Industrial District, developments shall comply with § 173-101, Design standards, of Article XVI, the Route 146 Overlay District Bylaw.

[Amended 10-23-2007 ATM, Art. 14]

(l)

No building or structures (except fencing) in a Planned Business Development shall be erected within 50 feet of a residential district boundary.

[Added 5-1-2012 ATM, Art. 23]

Special permits shall only be issued following public hearings held within 65 days after the filing of an application with the special-permit granting authority, a copy of which shall forthwith be given to the Town Clerk by the applicant.

A special permit granted under this section shall lapse within two years, including such time required to pursue or await the determination of an appeal referred to in Section 17, from the grant thereof, if a substantial use thereof has not sooner commenced, except for good cause, or, in the case of a permit for construction, has not begun by such date, except for good cause.

§ 173-48 Variances.

[Amended 5-9-1995 ATM, Art. 36]

Upon an appeal or a petition, with respect to particular land or structures, the Board may grant a variance from the terms of this Zoning chapter where the Board specifically finds that, owing to circumstances relating to the soil conditions, shape or topography or such land or structure and especially affecting such land or structure but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the chapter would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this chapter. The Board of Appeals shall not grant use variances in any residential district of the town. In authorizing such variance, the Board may impose limitations both of time and use, such as but not limited to those specified in § 173-47A and B, and a continuation of the use permitted may be conditioned upon compliance with regulations to be made and amended from time to time thereafter, or the Board may take any other action in relation thereto.

§ 173-49 Site plan review.

A site plan for a permitted use shall be reviewed and approved by the Building Inspector. The purpose of this review is to assure compliance with this chapter. The site plan shall be prepared by a professional architect, professional engineer or registered land surveyor and shall be submitted in triplicate to the Building Inspector.

The plan shall indicate all property boundaries, use and ownership of adjacent land and location of buildings thereon within 200 feet of the property lines, driveways, driveway opening, parking and loading spaces, service area and all facilities for screening, surface, lighting, signs, sewage, refuse and other waste disposal, drainage, dust and erosion control and landscaping.

§ 173-49.1 Site plan review by Planning Board.

[Added 9-11-1990 STM, Art. 21]

Purpose. The purpose of this section is to protect the health, safety, convenience and general welfare of the inhabitants of the Town of Northbridge by providing for a review of plans for uses and structures which may have significant impacts on traffic, municipal and public services and utilities, environmental quality, community economics and community values in the town.

Applicability.

The site plan review and approval provisions of this section shall apply to the following types of structures and uses (excluding subdivisions for detached single-family dwellings):

Any new structure or group of structures under the same ownership on the same lot or contiguous lots with at least 6,000 square feet of gross floor area or requiring the provision of 10 or more parking spaces under § 173-27, Off-Street parking, loading and landscaping standards.

Any improvements, alteration or change in use which either results in an increase of 6,000 square feet of gross floor area or requires an addition of 10 or more parking spaces to the amount required by § 173-27 prior to such improvement, alteration or change in use.

Any new structure, group of structures, improvement, alteration or change in use, as defined above, which either results in the increase of 4,000 square feet of gross floor area or requires the provision of seven or more parking spaces, when any portion of the lot or parcel of land on which said structure or use is located lies within 200 feet of a residential district.

The calculation of increase in floor area shall be based on the aggregate of all new structures, improvements, alterations or enlargements calculated from the date of enactment of this section.

Basic requirements.

No building permit can be issued for the proposed development unless an application for site plan review has been prepared in accordance with the requirements of this section and unless such application has been approved by the Planning Board.

No occupancy permits shall be granted by the Building Inspector until the Planning Board has given its approval that the development and any associated off-site improvements conform to the approved application for site plan review and approval, including any conditions imposed by the Planning Board.

A temporary occupancy permit may be granted with the approval of the Planning Board subject to conditions for completion of work (which shall include a requirement for surety, in an amount and form to be determined by the Planning Board), imposed by the Planning Board.

Application and review procedure.

Submission of the plan. The applicant shall file with the Planning Board at a regularly scheduled meeting: the completed application form, the filing fee and 11 copies each of the site plan documents specified in this Subsection D. The Planning Board Chairman shall acknowledge receipt of these plans by endorsing them with his/her signature and the date of receipt. A copy of the site plan shall be given by the applicant to the Town Clerk to be kept on file.

Reasonable fees. The required fee shall be included with the submittal. The Board shall also require a deposit of money sufficient to cover any additional expenses connected with the public hearing and review of the plans. The Planning Board is authorized to retain a registered professional engineer, architect or landscape architect, or other professional consultants to advise the Board on any or all aspects of the site plan. The cost of this advice shall be borne by the applicant.

Review by other boards.

After reviewing the submittal for completeness and determining that it is not incomplete, the Planning Board shall transmit to the Conservation Commission, Board of Health, Building Inspector, Road Commissioners, Safety Committee and other boards as deemed necessary one copy each of the site plan documents. The boards have up to 21 days for as-of-right developments and 45 days for special-permit developments to submit recommendations, in writing, to the Planning Board concerning:

[1]

The adequacy of the data and procedures used by the applicant to determine the impacts of the proposed development.

[2]

The effects of the projected impacts of the proposed development.

[3]

The recommended conditions or remedial measures to accommodate or mitigate the expected impacts of the proposed development.

Failure of an agency to report within the allotted time shall be interpreted as nonopposition to the submitted plans.

For the proposals not requiring a special permit, the Planning Board shall deliver its decision, in writing, to the Building Inspector within 30 days after determining that the application is complete, to allow the issuance of a building permit. For proposals also requiring special permits, the Planning Board shall hold a public hearing within 65 days of the receipt of the application and shall take final action within 90 days from the time of hearing, as provided in MGL C. 40A, §§ 9 and 11.

(4)

Final action. The Planning Board's final action, rendered in writing, shall consist of either:

Approval of the site plan based upon a determination that the proposed plan will constitute a suitable development and is in compliance with the standards set forth in this section;

Disapproval of the site plan based upon a determination that the proposed project does not meet the standards for review set forth in this section; or

Approval of the site plan, subject to any conditions, modifications and restrictions as required by the Board which will ensure that the project meets the standards for review.

Submission requirements.

A site plan shall be prepared by a registered professional engineer, architect or landscape architect at a scale of one inch equals 20 feet, on standard twenty-four by thirty-six-inch sheets, with narrative information on eight-and-one-half by eleven-inch sheets.

A site plan shall include all of the data, details and supporting information as follows:

The name of the project, boundaries and locus maps showing the site's location in town, date, North arrow and scale of the plan.

Names and addresses of the owner of record, the developer and the seal of the engineer, architect or landscape architect.

Names and addresses of all owners of record of abutting parcels and those within 300 feet of the property line.

(d)

All existing lot lines, easements and rights-of-way (including area in acres or square feet), abutting land uses and the location and use of structures within 300 feet of the site. All minimum dimensional requirements in the underlying district and setback requirements shown on the plan.

(e)

The locations and uses of all existing and proposed buildings and structures within the development, including all dimensions of height and floor area, and showing all exterior entrances and all anticipated future additions and alterations.

(f)

The location of all present and proposed public and private ways, parking areas, driveways, sidewalks, ramps, curbs, fences, paths, landscaping, walls and fences. Location, type and screening details for all waste disposal containers shall also be shown.

(g)

The location, height, intensity, and bulb type (e.g. fluorescent, sodium incandescent) of all external lighting fixtures. The direction of illumination and methods to eliminate glare onto adjoining properties must also be shown.

(h)

The location, height, size, materials and design of all proposed signage.

(i)

The location of all present and proposed utility systems, including: sewage or septic system; water supply system; telephone, cable and electrical systems; and storm drainage system, including existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, hydrants, manholes and drainage swales. The Planning Board may also request soil logs, percolation tests and storm runoff calculations for large or environmentally sensitive development.

(j)

Plans to prevent pollution of surface or ground water, erosion of soil, both during and after construction, excessive runoff, excessive raising or lowering of the water table and flooding of other properties, as applicable.

(k)

Existing and proposed topography at a two-foot contour interval. All elevations shall refer to the nearest United States Geodetic Bench Mark. If any portion of the parcel is within the one-hundred-year floodplain, the area will be shown and base flood elevations given. Indicate areas within the proposed site and within 50 feet of the proposed site where ground removal or filling is required and give its approximate volume in cubic yards.

(l)

A landscape plan showing existing natural land features, trees, forest cover and water sources and all proposed changes to these features, including size and type of plant material. Water sources will include ponds, lakes, brooks, streams, wetlands, floodplains and drainage retention areas.

(m)

Traffic flow patterns within the site, entrances and exits, loading and unloading areas, curb cuts on site and within 100 feet of the site.

(n)

Elevation plans at a scale of 1/4 inch equals one foot for all exterior facades of the proposed structure(s) and/or existing facades, plus addition(s), showing design features and indicating the type and color of materials to be used.

(o)

Information on the location, size and type of parking, loading, storage, and service areas; parking calculations based on the requirements of § 173-27, Off-street parking, loading and landscaping standards.

(p)

For large developments, those exceeding 10,000 square feet of gross floor area or requiring more than 25 parking spaces, or for smaller developments located in high density areas, the Planning Board may require a development impact assessment which shall include the following:

[1]

Traffic impact assessment.

Purpose. The assessment will document existing traffic conditions in the vicinity of the proposed project, describe the volume and effect of projected traffic generated by the proposed project and identify measures proposed to mitigate any adverse impacts on traffic.

Format and scope.

[i]

Existing traffic conditions; average daily and peak hour volumes, average and peak speeds, sight distance, accident data and levels of service (LOS) of intersections and streets likely to be affected by the proposed development. Generally, such data shall be presented for all streets and intersections adjacent to or within 1,000 feet of the project boundaries.

[ii]

The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels.

[iii]

The projected traffic flow pattern, including vehicular movements at all major intersections likely to be affected by the proposed use of the site.

[iv]

The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities.

[v]

Traffic assessment data shall be no more than 12 months as of the date of the application.

[vi]

The maximum value of off-site exactions is 6% of the development costs. All off-site improvements required as a condition of site plan approval must be necessitated by the proposed project.

[2]

Environmental impact assessment.

Purpose. To describe the impacts of the proposed project with respect to on-site and off-site environmental quality.

Format and scope:

[i]

Description and evaluation of potential quality of air, surface water and groundwater adjacent to or directly affected by the proposed development; on-site or off-site flooding, erosion and/or sedimentation resulting from alterations to the project site, including grading changes and increases in impervious areas; on-site or off-site hazards, radiological emissions or other hazardous materials; adverse impacts on temperature and wind conditions on the site and adjacent properties; impacts on solar access of adjacent properties; and off-site noise or light impacts.

[ii]

Evaluation of the adequacy of existing or proposed systems and services for water supply and disposal of liquid and solid wastes.

[iii]

Description of proposed measures for mitigation of any potential adverse impacts identified above.

[3]

Fiscal impact assessment; format and scope.

Projections of cost arising from increased demands on public services and infrastructure.

Projections of the impacts from increased tax revenue, employment (construction and permanent), and value of the public infrastructure to be provided.

[c]

Projections of the impacts of the proposed development on the values of adjoining properties.

[d]

Five-year projections of increased Town revenues and costs resulting from the proposed development.

[4]

Community impact assessment; format and scope:

Evaluation of the relation of the proposed new or altered structure to the surrounding community in terms of character and intensity of the use (e.g., scale, materials, colors, setbacks, roof and cornice lines and other major design elements); and the location and configuration of proposed structures, parking areas and open space with respect to neighboring properties.

Identification of impacts on significant historical properties, districts or areas or archaeological resources (if any) in the vicinity of the proposed development.

[c]

Evaluation of the proposed project's consistency of compatibility with existing local and regional plans.

(q)

A copy of all permits, approvals, variances and applications applied for and obtained for the project and property, including an application for utility connection permits.

The Planning Board may waive any of the requirements listed above if it believes that said requirement is not necessary based upon the size and scope of the project.

Standards for review. The Planning Board shall review the site plan and supporting materials, taking into consideration the reasonable fulfillment of the objectives listed below. Detailed design guidelines and performance standards shall be adopted to guide decisions with respect to these objectives and to help ensure consistency in the review of all applications.

Legal. Conformance with the provisions of the bylaws of the town, the General Laws of Massachusetts and all applicable rules and regulations of local, state and federal agencies.

Traffic. Convenience and safety of both vehicular and pedestrian movement within the site and in relationship to adjoining ways and properties.

Parking. Provisions for the off-street loading and unloading of vehicles, incidental to the normal operation of the establishment; adequate parking; adequate lighting; and internal traffic control.

(4)

Town services. Reasonable demands placed on Town services and infrastructure.

(5)

Pollution control. Adequacy of methods for sewage and refuse disposal and the protection from pollution of both surface waters and groundwater. This includes minimizing soil erosion both during and after construction.

(6)

Nuisance. Protection of abutting properties and Town amenities from any undue disturbance caused by excessive or unreasonable noise, smoke, vapors, fumes, dust, odors, glare, stormwater runoff, etc.

(7)

Existing vegetation. Minimizing the area over which existing vegetation is to be removed. Where tree removal is necessary, special attention shall be given to the planting of replacement trees.

(8)

Amenities. The applicant's efforts to integrate the proposed development into the existing landscape through design features, such as vegetative buffers, roadside planting and the retention of open space and agricultural land.

(9)

Town character. The setback areas and location of parking, architectural compatibility, signage and landscaping of the development and how these features harmonize with the surrounding townscape and the natural landscape.

Conditions, limitations and safeguards. In granting approval of an application, the Planning Board may impose conditions, limitations and safeguards which shall be in writing and shall be a part of such approval. Such conditions may include, among other matters and subjects:

Controls on the location and type of access to the site.

Controls on the number of vehicles that arrive or depart during the morning and/or evening peak hours (including controls on the maximum number of vehicles which may use the off-street parking during said periods).

Requirements for off-site improvements to improve the capacity and safety of roads, intersections, pedestrianways, water, sewer, drainage and other public facilities which are likely to be affected by the proposed development.

(4)

Requirements of donation and/or dedication of land for right-of-way to provide for future roadway and/or intersection widenings or improvements.

(5)

Requirements for securing the performance of all work, including proposed off-site improvements, by either of the following methods:

A performance bond, a deposit of money, negotiable securities or pass book in an amount determined by the Planning Board to be sufficient to cover the cost of all or any part of the improvements required as conditions of approval; or

A covenant running with the land, executed and duly recorded by the owner of record, whereby the required improvements shall be completed before the property may be conveyed by other than a mortgage deed.

(6)

Conditions to minimize off-street impacts on traffic and environmental quality during construction.

(7)

In granting site plan approval, the Planning Board may require reduction in scale of the proposed development, including reductions in floor area or lot coverage.

Modification of approved site plans.

In the event a modification is made to an approved site plan, the applicant shall submit to the Planning Board a written description of the proposed modifications and 11 copies of the revised plan. All but minor modifications shall be subject to the same review and hearing procedures as was the original filing.

For minor and insignificant modifications, the Planning Board shall determine that an additional public hearing is not warranted. This determination shall be made only after the written request and 11 copies of the plan showing the modifications have been submitted to and reviewed by the Planning Board. Within 21 days of receipt of written request and plans, a copy of the determination and revised plans shall be filed with the Town Clerk and the Building Inspector. Failure to act within the specified time period shall be deemed as approval.

Enforcement.

The Planning Board may require the posting of a bond or other similar performance guaranty to ensure compliance with the plan and stated conditions of approval. It may suspend any permit or license when work is not performed as required.

Any approval issued under this section shall lapse within one year if a substantial use thereof has not commenced, except to good cause. The time required to pursue and await determination of a judicial appeal pursuant to MGL C. 40A shall not be included within the one-year time limit.

[Amended 5-9-1995 ATM, Art. 38]