[HISTORY: Adopted by the Zoning Board of Appeals of the Town
of Plainville 1-17-2006. Amendments noted where applicable.]
A.
Each applicant shall submit 20 copies of the application which shall
include at minimum the following information:
(1)
Preliminary site development plans showing the location and outlines
of proposed buildings; the proposed locations, general dimensions
and materials for streets, drives, parking areas, walks and paved
area; and proposed landscaping improvements and open areas within
the site. All structures of five or more units must have site development
plans signed by a registered architect.
(2)
A report on existing site conditions and a summary of conditions
in the surrounding areas, showing the location and nature of existing
buildings, existing street elevations, traffic patterns and character
of open areas, if any in the neighborhood.
(3)
Preliminary, 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.
(4)
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 area, and by open area.
(5)
Where a subdivision of land is involved, a preliminary subdivision
plan.
(6)
A preliminary utilities plan showing the proposed location and types
of sewage, drainage, and water facilities, including hydrants.
(7)
Documents showing that the applicant fulfills the jurisdictional
requirements of 760 CMR 31.01.
(8)
A list of requested exceptions to local requirements and regulations,
including local codes, ordinances, bylaws or regulations.
(9)
A pro forma, detailing the projected costs and revenues of the proposed
project. Acquisition costs shall be limited to the lesser of the existing
as-is fair market value (the value under existing bylaws and regulations
without the benefit of waivers or variance) or the amount of the last
arm's length sale (with reasonable and demonstrable carrying
costs), whichever is less. The applicant shall fully disclose any
costs ascribed to related entities.
(10)
Copies of all documents submitted to the subsidizing agency
in support of the applicant's request for a project eligibility
letter, unless otherwise included above.
(11)
Stormwater management system, including calculations; this shall
include existing drainage characteristics of the general area of the
project, and the effect of the proposed use and any proposed drainage
facilities on the existing drainage characteristics. The drainage
plan shall be prepared by a registered professional engineer in the
Commonwealth of Massachusetts and show existing and proposed streets,
lots, two-foot contours, and other pertinent data; drainage limits
and acreage of the area tributary to each stormwater inlet and culvert,
location and type of inlets proposed; location, size, length, invert
elevations and slope of proposed drains and culverts; structural details
of inlets, manholes, pipes, headwalls, and all other drainage structures
required to complete the plan.
(12)
For all proposals of 20 units or more, traffic study, showing
projected vehicle trips per day and during peak hours, as well as
impact on level of service at impacted intersections as well as the
site entrance.
(13)
Location and results of soil, percolation, and water table test,
if any.
(14)
Any decisions by the Board of Appeals, Planning Board, Conservation
Commission and any other Town, state or federal agency regarding the
land or the proposed project.
B.
Each application shall also submit a filing fee based on the number
of units:
[Amended 2-21-2006]
(1)
Comprehensive permit applications which are filed in accordance with
MGL c. 40B shall pay a $1,500 fee for an application containing 100
units or less.
(2)
On applications which are requesting over 100 units, there is a $1,500
fee for the first 100 units plus an additional $100 for each additional
unit exceeding 100.
(3)
Additionally, the application fee shall include $5,000 to pay for
the services of the Board's legal counsel for assistance in any
project of 25 units or less; $7,500 for any project in excess of 25
units, but not exceeding 74 units, and $10,000 for any project of
75 units or more. This cost is a reasonable estimate of the administrative
costs for counsel retained to assist the Board with the multitude
of legal issues that accompany the Chapter 40B process. The Board,
in its sole discretion, may waive this fee if it determines that legal
review is not necessary. Alternatively, the applicant may opt to pay
for the Board' legal counsel in the manner prescribed by MGL
c. 44, § 53G, and these regulations.
C.
In addition to the above-mentioned fees, the applicant must also
submit a check made payable to the Sun Chronicle in the amount sufficient
to cover the cost of advertising the application.
[Amended 2-21-2006]
D.
Failure
to fulfill the above listed requirements could constitute an incomplete
application and be considered sufficient grounds for denial of said
application.
[Amended 2-21-2006]
E.
No application will be accepted for filing without, at a minimum,
a completed application; proper filing fee; and project eligibility
letter from a qualified subsidizing agency.
[Added 2-21-2006]
A.
The applicant will also be required to submit $30,000 (this amount
may be adjusted at the discretion of the Zoning Board of Appeals)
for "review fees" for the hiring of outside consultants, to be placed
in a revolving account. If the account falls below 50% of the requirement
set by the Board, the applicant must deposit an additional amount
to return the account to the required level. The Board may engage
engineers, financial analysts, planners, lawyers, urban designers,
environmental consultants, or other appropriate professionals. Such
assistance may include, but not be limited to, analyzing an application,
monitoring or inspecting a project or site for compliance with the
Board's decision or regulations, or inspecting a project during
construction or implementation. Failure of an applicant to pay a review
fee shall be grounds for denial of the comprehensive permit application.
[Amended 2-21-2006]
B.
Prior to paying the review fee, the applicant may appeal the selection
of the consultant to the Board of Selectmen.
(1)
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.
(2)
The minimum qualifications shall consist either of 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.
(3)
The required time limits for action upon the application by the Board
shall be extended by the duration of the appeal. In the event that
no decision is made by the Board of Selectmen within one month following
the filing of the appeal, the selection made by the Board shall stand.
C.
Each review fee shall be deposited in a special account established
by the Town Treasurer pursuant to MGL c. 44, § 53G. Funds
from the special account may be expended only for the purposes described
above.
