1. Site Plan Review
Wayne Feiden, FAICP
Fall, 2012
For WayneCitizen Planner Training Collaborative
the Feiden, FAICP for Citizen Planner Training Collaborative
2. State Authority for Site Plan Review
Site Plan Review
Zoning Act: MGL c. 40A, §9 Home Rule Amendment:
Article 97, MA Constitution
Approved by Courts
(zoning act is silent)
Still need authority in local zoning
Wayne Feiden, FAICP for Citizen Planner Training Collaborative
3. Site Plan (vs Special Permit)
• “Regulation of use, rather than its prohibition”
• Shape a project and create best design
– layout, appearance, safety and environmental
• E.g., parking, traffic, drainage, circulation,
roadway construction, signage, utilities,
screening, lighting, pedestrian and bicycle
accommodation
• Almost never to deny a project
Wayne Feiden, FAICP for Citizen Planner Training Collaborative
4. Site Plan Review Boards
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Planning Board (usually most experienced)
Board of Selectmen/City Council (rare)
Zoning Board of Appeals (rare)
Building Inspector (older models)
Planning staff (technical issues, newer models)
Hybrid Board (e.g., Cape Cod)
Wayne Feiden, FAICP for Citizen Planner Training Collaborative
5. Local Thresholds for Site Plan
• When other permits needed
– E.g., Special Permit or Variance
• Use other permits NOT needed (by-right use)
– E.g., building, parking lot, traffic thresholds
– Conditions before building permit can issue
– Cannot be used to deny the use
Wayne Feiden, FAICP for Citizen Planner Training Collaborative
6. Site Plan Review Board
1. Reject site plan: fails to furnish information required
by zoning
2. Impose reasonable conditions: even at the expense
of the applicant, but not as indirect denial
3. Reject site plans ALMOST NEVER: “proper in
form, {site plan} may be so intrusive on the needs
of the public in one regulated aspect or another that
rejection by the board would be tenable.”
Wayne Feiden, FAICP for Citizen Planner Training Collaborative
7. Minimum Procedural Safeguards
Provide applicant
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Opportunity for hearing, EVEN if not required
Opportunity to be heard and present evidence
Reasonable notice of time and place of hearing
Access to all facts on which the board may rely
Access to record of proceedings and evidence
Wayne Feiden, FAICP for Citizen Planner Training Collaborative
8. Key Aspects of Site Plan
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Pedestrian and vehicular access and circulation
Parking and loading
Landscaping, screening and buffers
Lighting
Signage
Stormwater management
Water and wastewater systems
Architectural style and scale
Wayne Feiden, FAICP for Citizen Planner Training Collaborative
9. Conditions may include:
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• Connections to
Dumpster screening
sidewalks
Construction mitigation
• Sidewalk extensions
Limitations on signage
• Bicycle racks
Limits on vehicles
• Bicycle separation
Noise limits
• Hours of operation
Maintenance guarantees
• Police details during
Landscaping
heavy traffic periods
Parking spaces
Dust control
Sewer connection
Financial performance guarantee
HoursWayne Feiden, FAICP for Citizen Planner Training Collaborative
of operation
10. Vote
• Majority vote of those present, unless specified
otherwise in local zoning
• If proceedings are continued to various sessions,
upon municipal acceptance of M.G.L. c 39, s23D,
a member may miss one session and still vote if
that member certifies in writing that he/she has
reviewed all evidence from the missed session.
Wayne Feiden, FAICP for Citizen Planner Training Collaborative
11. Time Lines and Grandfathering
• No court decisions yet
• Be specific in zoning
– Allow for mutually agreed upon extensions
• Typically follow special permit time line
• Freeze provision of M.G.L. c40A, §6
probably to not apply to site plan approval
Wayne Feiden, FAICP for Citizen Planner Training Collaborative
12. Appeal of Site Plan Decisions
• Where connected to Special Permit or
Variance appeal connected to that permit
• Where connected to building permit,
appealable connected to that permit
• Where local zoning provides detail as to
proper procedure
Wayne Feiden, FAICP for Citizen Planner Training Collaborative
14. Reading a Site Plan: Using a Scale
• Standard 3-sided Engineering Scale
• Two scales per side
10 1 inch=10 feet
20
1 inch=20 feet
30 1 inch=30 feet
40
1 inch=40 feet
50 1 inch=50 feet
60
1 inch=60 feet
• Anything else as a multiple of above
40 multiplied by 2= 80
1 inch= 80 feet
10 multiplied by 10=100
1 inch=100 feet
20 multiplied by 10=200
1 inch=200 feet
Wayne Feiden, FAICP for Citizen Planner Training Collaborative
15. Using A Scale
Wayne Feiden, FAICP for Citizen Planner Training Collaborative
16. Symbols are NOT universal: ASK if not clear
Wayne Feiden, FAICP for Citizen Planner Training Collaborative
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Plan Sheets
Locus plan: the project in context
Index plan: the entire project
Plan view: straight down
Profile view: cut-away view (e.g. underground)
Cross section: perpendicular to a run
Details: details on specific aspects
Title Block
Legend
Locus Map
Abutters
North Arrow
Scale
Certification of Designer (PE, PLS)
Wayne Feiden, FAICP for Citizen Planner Training Collaborative
Site plan review in conjunction with a special permit application is the earliest version of the device and remains quite common. This system operates by requiring both a special permit and site plan from the same board. The site plan is used to provide detailed information to the SPGA.
Where one board serves as SPGA and the other reviews site plans can be cumbersome. There is a potential for conflict. Conditions imposed by one board may be in conflict with conditions imposed by the other board.
As to this power the Appeals Court commented that this would typically be a case in which despite best efforts no form of reasonable conditions could be devised to satisfy the problem.
There has never been a case under this power and none are known at the lower court.
Boards are strongly advised to resist the temptation to deny site plans under this power unless the proposed use dwarfs the community’s capacity to handle it.
These safeguards are suggested where the local zoning bylaw does not require a public hearing.
If a site plan review is not conducted in conjunction with a special permit or variance application, can the site plan review board use MGL, Chapter 44, Section 53G to hire outside consultants? Probably not.
This is important because many of the above issues are highly technical.
Make it clear that the community must first accept M.G.L c 39, s23D. Otherwise the Board member that missed a session cannot vote on the application.
Instructor should guide class in completing the exercise.
Slide is hard to read from far away but each participant has a handout containing this exercise.
Instructor should refer to handout that was given to each participant for a list of additional legend items
Instructor should assist the class to find on the plan the items listed on this slide. The next slide shows the index plan with arrows pointing to these items.