Except as provided in this chapter, no building, structure or
land shall be used except for the purposes permitted in the district
as described in this article. Any use not listed shall be construed
to be prohibited.
In the Table of Use and Parking Regulations,[1] the uses permitted by right in the district shall be designated by the letter "P," except that any use listed in the Table of Use and Parking Regulations as a permitted use, the proposed location of which does not abut on a street which is laid out and accepted as a traveled way, or which has not been built to subgrade, so that such way or street is passable for fire apparatus and other traffic, or which abuts on a street or way in which there is no public sewer or in which there is no water available for connection with the building after completion, may be permitted only as an exception by special permit. Those uses that may be permitted as an exception by special permit in the district, in accordance with Articles X and XI, shall be designated by the letter "S." Uses designated "-" shall not be permitted in the district.
[1]
Editor's Note: The Table of Use and Parking Regulations is included as an attachment to this chapter.
Uses permitted by right or by special exception shall be subject,
in addition to use regulations, to all other provisions of this chapter.
[Added 12-13-2004 by Ord.
No. 05-003; amended 3-21-2005 by Ord. No. 05-171; 4-7-2008 by Ord. No. 08-128A; 5-19-2008 by Ord. No. 05-171A; 5-3-2010 by Ord. No. 10-125]
A.
Purpose and intent. The purpose of this section is to ensure that
the design and layout of new commercial, industrial and multifamily
development will not be detrimental to surrounding land uses. The
intent of the site plan review process is to regulate, rather than
prohibit, uses through reasonable conditions which may be imposed
by the Melrose Planning Board (Site Plan Review Committee, SPRC) concerning
location of buildings, signs, open space, landscaping, parking areas,
access and egress, drainage, sewage, water supply, and public safety.
B.
Applicability.
(1)
A site plan review is required for all new commercial and industrial
uses. New multifamily uses consisting of four or more units shall
also require a site plan review, as shall any extension in excess
of 2,500 square feet of an existing industrial, commercial, or multifamily
use.
(2)
Construction or expansion of a parking lot for a municipal,
institutional, commercial, industrial, or multifamily structure or
purpose shall also require a site plan review.
(3)
In the instance where a project is to be phased, or where property
abutting the proposed development can be used in a similar fashion
and is held by a related entity, or where a development proposal is
an extension of an abutting development built within the previous
five years and held by a related entity, the total development capacity
of all parcels shall be considered for purposes of determining applicability
for site plan review.
(4)
The provisions of this section shall not apply to a development
which has been scrutinized from a design perspective by the Design
Review Subcommittee and received a special permit or variance from
the relevant permit granting authority at the time of adoption of
this section, nor to any such development which is subsequently modified
in accordance with the provisions of this chapter, provided that such
design review provisions remain substantially unchanged as a result
of any such modification.
C.
Relationship to the building permit.
(1)
The Building Inspector shall not issue a building permit unless
and until a site plan review has been obtained and a letter to that
effect with or without site plan conditions has been forwarded to
the Building Inspector by the SPRC. The conditions shall become conditions
of the building permit and shall be met prior to the issuance of a
permanent occupancy permit. No material deviation from an approved
site plan shall be made without approval from the Site Plan Review
Committee. If any particular condition of the plan is found to not
comply with City or state codes, all remaining conditions shall remain
applicable.
(2)
Before issuing a permanent occupancy permit, the Building Commissioner
shall require that the applicant provide to the Building Commissioner
two sets of as-built site drawings and exterior elevations. One copy
shall be forwarded to the SPRC; the other copy shall remain on file
in the Inspectional Services Department.
(3)
Developments required to undergo a site plan review process
in accordance with this section shall not be required to obtain a
special permit for more than four accessory parking spaces under the
Table of Use and Parking Regulations, Accessory Use No. 18.[1]
[1]
Editor's Note: The Table of Use and Parking Regulations is included as an attachment to this chapter.
D.
Site plan submission criteria.
(1)
The applicant shall submit 14 copies of a site plan proposal.
Dimensions and scales of the plan shall be adequate to determine that
all requirements are met and to make a complete analysis and evaluation
of the proposal. The site plan review application materials shall
be submitted to the Office of Planning and Community Development (OPCD).
The site plan review application materials will be reviewed for completeness
within seven days and returned to the applicant. The application materials
may then be submitted to the City Clerk to be time stamped and filed.
(2)
The OPCD shall transmit nine copies of said application to the
SPRC, one copy to City Clerk to be filed, one copy each to the City
Engineer, Board of Health, and the Building Commissioner, and one
copy will be available in OPCD for review by the City Planner, Fire
Chief, Police Chief, and Conservation Commission. All departments
shall report their comments, conditions, remedial measures and recommendations,
in writing, to the SPRC within 30 days. Any department that does not
respond within 30 days will be deemed to have waived any objection
to the application. A copy of the executive summary shall be transmitted
to the Mayor, School Department and the City Solicitor.
(3)
At a minimum, the submittal materials shall include the following
items as applicable:
(a)
An executive summary generally describing the nature and location
of the project, including parking and loading, traffic flow and circulation,
projected traffic volumes and impact, external lighting, landscaping
and screening, utilities and protection and/or enhancement of existing
natural areas.
(b)
Parcel lot lines for the proposed project and surrounding parcels.
(c)
Height and use of all buildings abutting the proposed project,
including a building or buildings directly across from the proposed
project but separated by a public or private right-of-way.
(d)
Proposed parking plan including location of access and egress.
(e)
Estimated average daily traffic and peak hour traffic to be
generated by the proposal.
(f)
Level of service analysis for nearby intersections.
(g)
Transportation management plan (TMP), including policies for
parking management, transit promotion, bicycle storage, pedestrian
safety and car sharing. The TMP shall explain the long-term management
and enforcement of the TMP components.
(h)
Location of existing and proposed buildings on the project site.
(i)
Rendering of all facades of proposed buildings.
(j)
Handicapped access provisions.
(k)
Foundation lines of the proposed buildings, gross floor area,
and building height.
(l)
Location of solid waste containers and the nature of any required
screening.
(m)
Existing and proposed topography and the location of all natural
features such as wetlands, streams, water bodies, and exposed bedrock
to be removed, if any.
(n)
Areas subject to a one-hundred-year flood, if any.
(o)
Provisions for drainage and sewage.
(p)
Provisions for the protection of abutting properties during
construction, and site excavation, demolition, blasting, and site
reclamation plans if appropriate.
(q)
Proposed landscaping, including all screening and buffering
of adjacent residential areas.
(r)
Provisions for fencing, walls, and the existing and proposed
lighting.
(s)
Location, material, and size of all signs.
(t)
The location, materials and dimensions of loading areas, walkways
and driveways.
(4)
Plans shall be prepared by a registered professional engineer,
registered land surveyor, architect, or landscape architect, as appropriate.
Any of the requirements of a site plan review application may be waived
by majority vote of the SPRC.
(5)
When a proposal requires site plan review as well as a special
permit and/or variance, the applicant may elect the order for pursuing
the requirements. Where the Planning Board serves as the special permit
granting authority for proposed work, it shall consolidate its site
plan review and special permit procedures.
E.
Site plan review criteria. The SPRC shall at a minimum review all
site plans for the following and shall find that the following criteria
are fulfilled:
(1)
Consistency with the design, character, and scale of the surrounding
area.
(2)
Consistency with all sign, design, landscaping, lighting, buffering,
and public safety requirements and standards established by City of
Melrose departments.
(3)
Protection and enhancement of important existing natural, historic
or scenic site features.
(4)
Protection of adjacent properties and surrounding areas from
detrimental impacts during and after construction, including but not
limited to air and water pollution, flood, noise, odor, dust, vibration,
and lighting.
(5)
Convenience and safety of vehicular and pedestrian movement
within and around the site and the location of buildings, fences,
walls, or other structures, and driveway openings, in relation to
traffic and/or adjacent streets.
[Amended 4-18-2023 by Order No. 2023-88]
(6)
Adequacy and arrangement of parking spaces, bicycle racks, internal
ways, loading areas, and sidewalks, and the ability of the site plan
to accommodate parking in areas other than the front of the building.
(7)
Adequacy of the local streets to accommodate the traffic generated
by the proposed use. When a level of service (LOS) analysis is required
to make this determination, the proposed development shall comply
with the following standards:
(a)
Level of service (LOS) at nearby intersections shall not be
degraded more than one level as a result of traffic generated by the
proposed development, nor shall any nearby intersection degrade below
the level of D. Intersections with an existing LOS of E or F shall
not result in increased delay time or be made worse.
(b)
Safety hazards shall not be created, added to, or exacerbated
as a result of traffic generated by the proposed development.
(c)
If any of the standards in Subsection E(7)(a) and (b) above are violated, the applicant shall provide alternative proposals to meet the standards, including but not limited to reduction in the size of the development, change in the proposed uses on the site, contributions to off-site street and intersection improvements or construction of off-site street and intersection improvements.
(8)
Adequacy of sewerage and water supply systems within the site
to serve the proposed use without overloading the municipal systems
to an extent that the health, safety or general welfare of residents
of the City is put at risk.
(9)
Adequacy of proposed methods of refuse disposal and storage.
(10)
Adequacy of snow management, including removal or on-site storage.
(11)
Adequacy of soil erosion plan and the plan for protection of
steep slopes, both during and after construction.
(12)
Stormwater management.
(a)
Stormwater systems shall be designed to protect the public and
environment from flooding, siltation, pollutants and related drainage
impacts and shall conform to the applicable performance standards
included in the Massachusetts Department of Environmental Protection
Stormwater Management Policy or any successor legislation.
(b)
Stormwater systems shall be designed to use low-impact design
(LID) methodologies to mitigate drainage impact. Low-impact design
(LID) methodologies may include porous pavements, bioretention cells,
infiltration trenches, rainwater collection cisterns and other design
methods that maximize the use of landscaped areas for stormwater control
and promote the reuse of runoff.
(c)
Stormwater flood mitigation shall be provided through the use
of best management practices (BMPs) to further reduce the frequency
and intensity of flooding otherwise generated at the proposed site.
To the extent practicable, BMPs shall be sized to capture, retain,
and percolate to ground all runoff from impermeable surfaces generated
by the five-year, twenty-four-hour storm event. Preferred BMPs shall
include, but not be limited to, constructed wetlands, pocket wetlands,
rain gardens, vegetated swales, retention/detention ponds, and subsurface
leaching systems.
(13)
Adequacy of landscaping, including the screening of adjacent
residential uses, street trees, landscape islands in any parking lots
and landscape buffers along the street frontage.
(14)
Adequacy of screening for storage areas, loading docks, dumpsters,
rooftop equipment, utility buildings and similar features.
F.
Site Plan Review Committee; composition. The Site Plan Review Committee
(SPRC) shall be the Melrose Planning Board.
G.
Review schedule. The SPRC shall open a public hearing on the application
no later than 65 days after the application materials have been filed
with the City Clerk. Notice of such public hearing shall be provided
as required by MGL c. 40A, § 11. The decision of the SPRC
shall be made within 35 days of the close of the public hearing. The
required time limits for a public hearing and decision may be extended
by written agreement between the applicant and the SPRC. For new renewable
and alternative energy research and development establishments permitted
in the industrial districts, the decision of the SPRC shall be made
within one year from the date of filing the site plan review application
with the City Clerk. The decision of the Site Plan Review Committee
shall be upon a concurring vote of the majority of SPRC members and
shall be in writing. The SPRC may approve the application as submitted,
approve subject to modifications or conditions, or deny the application.
A written decision setting forth the record of the proceedings, the
vote of each member and the reasons for the decision shall be filed
in the office of the City Clerk within 14 days. In the event of a
denial, the application and site plan may be resubmitted if the reasons
for the denial are remedied. Failure by the SPRC to take action within
35 days of the close of the public hearing or within the agreed upon
extended time or within one year of filing a completed site plan review
application in the case of a new renewable or alternative energy research
and development establishment permitted in the industrial districts
shall be deemed an approval of the site plan. The City Clerk shall
issue a certificate stating the date of the public hearing and the
fact that the SPRC failed to take final action and the date of the
approval resulting from such failure.
H.
Expiration of site plan approval. Site plan approval shall lapse
after two years from the grant thereof if a substantial use thereof
has not sooner commenced. Such approval may, for good cause, be extended
in writing by the Planning Board upon the written request of the applicant.
I.
Appeals. The applicant or any aggrieved person may appeal any or all conditions of a site plan review to the Melrose Board of Appeals pursuant to MGL c. 40A, § 8, and § 235-60C(1)(a) of this chapter.
[Added 8-21-2017 by Ord.
No. 2017-130[1]]
A.
Purpose.
(1)
By vote at the state election on November 8, 2016, the voters of
the commonwealth approved a law regulating the cultivation, distribution,
possession and use of marijuana for recreational purposes. The law,
which allows certain personal use and possession of marijuana, took
effect on December 15, 2016, and (as amended on December 30, 2016;
Chapter 351 of the Acts of 2016) requires a Cannabis Control Commission
to issue regulations regarding the licensing of commercial activities
by March 15, 2018, and to begin accepting applications for licenses
on April 1, 2018.
(2)
The regulation of recreational marijuana establishments raises novel
and complex legal, planning, and public safety issues, and the City
needs time to study and consider the regulation of recreational marijuana
establishments and address such issues, as well as to address the
potential impact of the state regulations on local zoning and to undertake
a planning process to consider amending the Zoning Ordinance regarding
regulation of recreational marijuana establishments and other uses
related to the regulation of recreational marijuana. The City intends
to adopt a temporary moratorium on the use of land and structures
in the City for recreational marijuana establishments so as to allow
sufficient time to engage in a planning process to address the effects
of such structures and uses in the City and to enact ordinances in
a manner consistent with sound land use planning goals and objectives.
B.
Temporary moratorium. For the reasons set forth above and notwithstanding
any other provision of the Zoning Ordinance to the contrary, the City
hereby adopts a temporary moratorium on the use of land or structures
for recreational marijuana establishments. The moratorium shall be
in effect through December 31, 2018. During the moratorium period,
the City shall undertake a planning process to address the potential
impacts of recreational marijuana use in the City, consider the Cannabis
Control Commission regulations regarding recreational marijuana establishments
and related uses, and shall consider adopting new Zoning Ordinance
regulations to address the impact and operation of recreational marijuana
establishments and related uses.
[1]
Editor's Note: This order also provided for the repeal of
former § 235-16.2, Temporary moratorium on medical marijuana
treatment centers, added 9-16-2013 by Ord. No. 2013-199.
See table attached to this chapter which is declared to be a part of this chapter.
