- ADMINISTRATION AND PROCEDURES
(a)
Generally. This chapter shall be administered by the building inspector. Pursuant to the state building code, the building inspector may require such plans and specifications as may be necessary to determine compliance with all pertinent laws of the state and may request advisory reviews by other municipal boards and officials. Buildings, structures or signs may not be erected, substantially altered, moved, or changed in use and land may not be substantially altered or changed with regard to size or shape or principal use unless in compliance with then-applicable zoning, and after all necessary permits have been received under federal, state, or local law. Issuance of a building permit or certificate of use and occupancy, where required under the state building code, may serve as certification of such compliance.
(b)
Occupancy permit.
(1)
Required; exemption. No premises, building, structure or land shall be occupied, used or changed in use, or used in the conduct of any business, without an occupancy permit in the name of said business, if applicable, signed by the building inspector, which permit shall not be issued until the buildings, structure, or premises and its uses comply in all respects with this chapter. This provision shall not apply to businesses using or occupying premises at the time of passage of the ordinance from which this chapter is derived.
(2)
Temporary permit. A temporary occupancy permit may be issued in appropriate cases.
(Ord. of 6-20-2005, §§ 9.1.1, 9.1.2)
The building inspector shall institute and take any and all such action as may be necessary to enforce full compliance with any and all of the provisions of this chapter and of permits, special permits, variances and site plan approval issued thereunder, including notification of noncompliance and legal action through and in conjunction with the office of the city solicitor.
(Ord. of 6-20-2005, § 9.1.3)
The penalty for violation of any provision of this chapter, of any of the conditions under which a permit is issued, or of any decision rendered by the zoning board of appeals, any special permit granting authority, or the site plan approval board shall be $300.00 for each offense. Each day that each violation continues shall constitute a separate offense.
(Ord. of 6-20-2005, § 9.1.4)
State Law reference— Penalty for violations, M.G.L. c. 40A, § 7.
Pursuant to M.G.L. c. 40, § 21D, the building inspector may enforce this chapter by the noncriminal disposition of the matter.
(Ord. of 6-20-2005, § 9.1.5)
(a)
Position established. The zoning board of appeals is established consistent with the provisions of M.G.L. c. 40A, § 12 and in accordance with chapter 103 of the Acts of 1994, and the provisions of the administrative code (see appendix A to this Code). The appointment of associate members, as provided by statute, shall be permitted.
(b)
Powers. The zoning board of appeals shall have and exercise all the powers granted to it by M.G.L. c. 40A, 40B, and 41 and by this chapter. The zoning board of appeals' powers are as follows:
(1)
To hear and decide applications for special permits. Unless otherwise specified herein, the zoning board of appeals shall serve as the special permit granting authority, to act in all matters in accordance with the provisions of section 34-214, or as otherwise specified.
(2)
To hear and decide appeals or petitions for variances from the terms of this chapter, with respect to particular land or structures, where owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this chapter would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and where 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, all as set forth in M.G.L. c. 40A, § 10. The zoning board of appeals shall not grant use variances.
(3)
To hear and decide appeals taken by any person aggrieved by reason of inability to obtain a permit or enforcement action from any administrative officer under the provisions of M.G.L. c. 40A, §§ 7, 8 and 15.
(4)
To hear and decide comprehensive permits for construction of low or moderate income housing by a public agency or limited dividend or nonprofit corporation, as set forth in M.G.L. c. 40B, §§ 20—23.
(c)
Variances. Each petition or appeal for a variance from the specific terms of a zoning regulation shall include a written statement justifying the petition or appeal on the basis that all of the following conditions are met, as required by M.G.L. c. 40A, § 10:
(1)
The variance is sought because of soil conditions, shape or topography of such land or structure and especially affecting such land or structures but not affecting generally the zoning district in which it is located;
(2)
A literal enforcement of the provisions of this chapter would involve a substantial hardship, financial or otherwise, to the petitioner or appellant.
(3)
Desirable relief may be granted without substantial detriment to the public good, and
(4)
Desirable relief may be granted without nullifying or substantially derogating from the intent or purpose of this chapter.
(d)
Conditions. Variances or special permits may be granted by the zoning board of appeals with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the zoning board of appeals may deem necessary to serve the purposes of this chapter. Such conditions may include, but are not limited to: private disposal of waste; deadline to commence construction; signage; alarm system; limits on vehicles, number of students, gender of residents, noise and possession of substances; maintenance requirements; landscaping; parking spaces; dust control; term for years with or without automatic renewals; sewer connection; and bond.
(e)
Regulations. The zoning board of appeals may adopt rules and regulations for the administration of its powers.
(f)
Fees. The zoning board of appeals may adopt reasonable administrative fees and technical review fees for petitions for variances, administrative appeals and applications for comprehensive permits.
(Ord. of 6-20-2005, § 9.2)
State Law reference— Zoning board of appeals, M.G.L. c. 40A, § 12 et seq.; variances, M.G.L. c. 40A, § 10.
(a)
Special permit granting authority. Unless specifically designated otherwise, the zoning board of appeals shall act as the special permit granting authority.
(b)
Criteria. Special permits shall be granted by the special permit granting authority, unless otherwise specified herein, only upon its written determination that the benefit to the city and the neighborhood outweigh the adverse effects of the proposed use, taking into account the characteristics of the site and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this chapter, the determination shall include consideration of each of the following:
(1)
Social, economic or community needs which are served by the proposal;
(2)
Traffic flow and safety, including parking and loading;
(3)
Adequacy of utilities and other public services;
(4)
Neighborhood character and social structures;
(5)
Impacts on the natural environment, including drainage; and
(6)
Potential fiscal impact, including impacts on city services, tax base and employment.
(7)
For all uses requiring a special permit in the Port (P) district on parcels that are within the boundaries of the designated port area, the permit granting authority in approving the project must also find that:
a.
The proposed use will not displace an existing water-dependent use with a non-water-dependent use;
b.
The proposed use will not, by virtue of its location, scale, duration, operation, or other aspects, pre-empt or interfere with existing or future development of water-dependent uses of the project site or surrounding property;
c.
The proposed use is compatible with the working waterfront character of the district; and
d.
The proposed use will not adversely affect the preservation of water dependent uses on surrounding properties.
(c)
Procedures. Applicants shall file 15 copies of the special permit application and plans with the city clerk. Whenever an application for a special permit is so filed, the applicant shall also file, within five working days of the filing of the completed application, copies of the application and plans with the board of health, conservation commission, building inspector, department of public works, and planning board, for their consideration, review, and report.
(1)
Reports from other boards and officials shall be submitted to the special permit granting authority by the date of the public hearing, but in any case within 35 days of receipt of the reviewing party of all of the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto.
(2)
In the event that the public hearing by the special permit granting authority is held prior to the expiration of the 35-day period, said authority shall continue the public hearing to permit the formal submission of reports and recommendations within that 35-day period.
(3)
The provisions of this subsection (c) shall not apply to applications for special permits to reconstruct, extend, alter, or structurally change a nonconforming single- or two-family structure. The zoning board of appeals may adopt regulations to establish procedures governing the form of such applications.
(d)
Plans and other submittals. An applicant for a special permit shall submit a plan in substantial conformance with the requirements of section 34-215. At the discretion of the special permit granting authority, the submittal of a development impact statement (DIS) may be required. The DIS shall be prepared by an interdisciplinary team including a registered landscape architect or architect, a registered professional or civil engineer, and a registered surveyor.
(1)
Physical environment.
a.
Describe the general physical conditions of the site, including amounts and varieties of vegetation, general topography, unusual geological, archeological, scenic and historical features or structures, location of significant viewpoints, stone walls, trees over 16 inches in diameter, trails and open space links, and indigenous wildlife.
b.
Describe how the project will affect these conditions, providing a complete physical description of the project and its relationship to the immediate surrounding area.
(2)
Surface water and subsurface conditions.
a.
Describe the location, extent and type of existing water and wetlands, including existing surface drainage characteristics, both within and adjacent to the site.
b.
Describe any proposed alterations of shorelines, marshes or seasonal wet areas.
c.
Describe any limitations imposed on the project by the site's soil and water conditions.
d.
Describe the impact upon groundwater and surface water quality and recharge, including estimated phosphate and nitrate loading on groundwater and surface water from septic tanks, lawn fertilizer and other activities within the site.
(3)
Circulation systems.
a.
Project the number of motor vehicles to enter or depart the site per average day and peak hour. Also state the number of motor vehicles to use streets adjacent to the site per average day and peak hour. Such data shall be sufficient to enable the special permit granting authority to evaluate:
1.
Existing traffic on streets adjacent to or approaching the site;
2.
Traffic generated or resulting from the site; and
3.
The impact of such additional traffic on all ways within and providing access to the site.
b.
Actual study results, a description of the study methodology, and the name, address, and telephone number of the person responsible for implementing the study, shall be attached to the DIS.
(4)
Support systems.
a.
Water distribution. Discuss the types of wells or water system proposed for the site, means of providing water for firefighting and any problems unique to the site.
b.
Sewage disposal. Discuss the type of on-site or sewer system to be used, suitability of soils, procedures and results of percolation tests and evaluate impact of disposal methods on surface water and groundwater.
c.
Refuse disposal. Discuss the location and type of facilities, the impact on existing city refuse disposal capacity, hazardous materials requiring special precautions.
d.
Fire protection. Discuss the type, location and capacity of fuel storage facilities or other flammables, distance to fire station and adequacy of existing firefighting equipment to confront potential fires on the proposed site.
e.
Recreation. Discuss the distance to and type of public facilities to be used by residents of the proposed site, and the type of private recreation facilities to be provided on the site.
f.
Schools. Project the increase to the student population for nursery, elementary, junior high school and high school levels, also indicating present enrollment in the nearest public schools serving these categories of students.
(5)
Phasing. Where development of the site will be phased over more than one year, indicate the following:
a.
Describe the methods to be used during construction to control erosion and sedimentation through use of sediment basins, mulching, matting, temporary vegetation or covering of soil stockpiles.
b.
Describe the approximate size and location of the portion of the parcel to be cleared at any given time and length of time of exposure.
c.
Describe the phased construction, if any of any required public improvements, and how such improvements are to be integrated into site development.
(e)
Conditions. Special permits may be granted with such reasonable conditions, safeguards or limitations on time or use, including performance guarantees, as the special permit granting authority may deem necessary to serve the purposes of this chapter. Such conditions may include, but are not limited to: private disposal of waste; deadline to commence construction; signage; alarm system; limits on vehicles, number of students, gender of residents, noise and possession of substances; maintenance requirements; landscaping; parking spaces; dust control; term for years with or without automatic renewals; sewer connection; bond; and limitation to the term of ownership or use by the applicant.
(f)
Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 24 months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in M.G.L. c. 40A, § 17, from the grant thereof) with the city clerk.
(g)
Regulations. The special permit granting authority may adopt rules and regulations for the administration of this section.
(h)
Fees. The special permit granting authority may adopt reasonable administrative fees and technical review fees for applications for special permits.
(Ord. of 6-20-2005, § 9.3; Ord. of 3-8-2021(5), § 9)
State Law reference— Special permits, M.G.L. c. 40A, § 9 et seq.
(a)
Applicability. The following types of activities and uses shall require site plan review:
(1)
Construction, exterior alteration or exterior expansion of, or change of use within, a municipal, institutional, commercial, industrial or multifamily structure with four or more dwelling units;
(2)
Construction or expansion of a parking lot for a municipal, institutional, commercial, industrial or multifamily structure or purpose.
(3)
Construction or expansion of a medical marijuana treatment center or dispensary, and/or marijuana establishment, will require a major site plan review.
(4)
Construction, exterior alteration or exterior expansion of, or change of use, on a parcel that is subject to a state-approved designated port area master plan.
(5)
Construction or expansion of an electric vehicle repair facility will require a major site plan review.
(b)
Minor site plan approval. An application for permits to build, alter, or expand any building, structure or use in any district where such construction: (1) will not exceed a total gross floor area of 8,000 square feet, and (2) will not generate the need for more than 25 parking spaces shall be deemed a minor site plan. For the purposes of computing total gross floor area or parking spaces, all such applications made within the five previous calendar years shall be considered in the aggregate. And further, within the Waterfront (W), Port (P), and Waterfront Upland (WU) districts, total gross floor area shall include any intensive use area that is outside of the building or structure. Minor site plans shall be reviewed by the building inspector as follows:
(1)
Minor site plans may be required to set forth all of the information required by subsection (e) of this section; provided, however, that the requirements for the preparation of such plans shall normally be relaxed by the inspector of buildings.
(2)
The building inspector shall review and act upon the minor site plan within 60 days of its receipt, and notify the applicant of its decision. The decision of the building inspector shall be in writing.
(3)
No building permit or certificate of occupancy shall be issued by the building inspector unless a minor site plan has been approved or unless 60 days lapse from the date of the submittal of the minor site plan without action.
(4)
The time for decision making may be extended by written agreement of the parties.
(c)
Major site plan approval. Major site plan review shall be conducted by the planning board and shall require a public hearing in accordance with the procedures set forth in M.G.L. c. 40A, §§ 9 and 11. Applicants shall submit five copies of the site plan to the planning board for review, and within three days thereafter shall also submit a copy of the site plan to the city council, board of health, department of public works, building inspector and conservation commission, for their advisory review and comments. The planning board shall, upon written request and the payment of the cost of reproduction, submit one copy of the site plan to any neighborhood improvement group in whose neighborhood the use is proposed. Said neighborhood improvement group must be registered with the city clerk at the time of submittal of the site plan to the planning board.
(1)
Waiver of submittal requirements. The planning board may, upon written request of the applicant, waive any of the submittal requirements for major site plans set forth in subsection (e) of this section, where the project involves relatively simple development plans.
(d)
General procedural requirements. The following procedures apply to both minor and major site plans:
(1)
Application for building permit. An application for a building permit to perform work as set forth in subsection (a) of this section available as of right shall be accompanied by an approved site plan.
(2)
Application for special permit or variance. An application for a special permit or a variance to perform work as set forth in subsection (a) of this section shall be accompanied by a site plan approved in accordance with this section; in the alternative, any special permit or variance granted for work set forth in subsection (a) of this section shall contain the following condition: The work described herein requires the approval of a site plan pursuant to this section. Any conditions imposed in such site plan approval shall also be conditions of this special permit or variance.
(3)
Conditions. Where the planning board approves a site plan with conditions, and said approved site plan accompanies a special permit or variance application to the zoning board of appeals, the conditions imposed by the planning board shall be incorporated into the issuance, if any, of a special permit or variance by the zoning board of appeals.
(4)
Consolidation. 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.
(5)
Deviation. No deviation from an approved site plan shall be permitted without modification of the original site plan in accordance with the process set forth in this section.
(e)
Preparation of plans; contents. Applicants are invited to submit a preapplication sketch of the proposed project to the planning board and to schedule a comment period at a regular meeting of the planning board. The applicant shall submit one set of 24-inch by 36-inch sheets and nine sets of 11-inch by 17-inch sheets. Plans shall be prepared by a registered professional engineer, registered land surveyor, architect, or landscape architect, as appropriate. Dimensions and scales shall be adequate to determine that all requirements are met and to make a complete analysis and evaluation of the proposal. All plans shall have a minimum scale of one inch equals 20 feet. The contents of the site plan are as follows:
(1)
Seven separate plans prepared at a scale of one inch equals 20 feet or such other scale as may be approved by the planning board. The plans are as follows:
a.
Locus plan, at a scale of one inch equals 100 feet, showing the entire project and its relation to existing areas, buildings and roads for a distance of 1,000 feet from the project boundaries or such other distance as may be approved or required by the planning board.
b.
Site layout, which shall contain the boundaries of the lots in the proposed development, existing structures to be retained, proposed structures, drives, parking, fences, walls, walks, outdoor lighting, loading facilities, areas for snow storage after plowing, and all proposed recreational facilities and open space areas.
c.
Topography and drainage plan, which shall contain the existing and proposed final topography at two-foot intervals and plans for handling stormwater drainage, and all wetlands including floodplain areas.
d.
Utility plan, which shall include all facilities for refuse and sewage disposal or storage of all wastes, the location of all hydrants, fire alarm and firefighting facilities on and adjacent to the site.
e.
Architectural plan, which shall include the ground floor plan and architectural elevations of all proposed buildings and a color rendering.
f.
Landscaping plan, showing the limits of work, existing tree lines, and all proposed landscape features and improvements including screening, planting areas with size and type of stock for each shrub or tree, and including proposed erosion control measures.
g.
Certified plot plan, which shall contain all boundaries, easements, utilities, and dimensions.
h.
Marijuana establishments are required to submit a security and access plan, showing location of security cameras, all exits and entrances, card and keypad readers, any locking mechanisms, sensors and monitors.
(2)
The site plan shall be accompanied by a written statement indicating the estimated time required to complete the proposed project and any and all phases thereof. There shall be submitted a written estimate, showing in detail the costs of all site improvements planned.
(3)
A written summary of the contemplated projects shall be submitted with the site plan indicating, where appropriate, the number of dwelling units to be built and the acreage in residential use, the evidence of compliance with parking and off-street loading requirements, the forms of ownership contemplated for the property and a summary of the provisions of any ownership or maintenance thereof, identification of all land that will become common or public land, and any other evidence necessary to indicate compliance with this chapter.
(4)
The site plan shall be accompanied by drainage calculations by a registered professional engineer. Storm drainage design must conform to subdivision regulations.
(5)
A DIS shall be submitted with each site plan application as set forth in section 34-214. The planning board may waive this requirement in accordance with subsection (c)(1) of this section.
(6)
Certification that the proposal is in compliance with the provisions, if applicable, of the Americans with Disabilities Act and the state architectural barriers board.
(7)
In the case of condominiums, cooperatives or similar forms of ownership for any real estate, a true copy of the condominium declaration or articles of incorporation, the bylaws of the owner's association, and the master deed shall be submitted.
(f)
Decision. The planning board may impose reasonable conditions at the expense of the applicant, including, but not limited to, those set forth in section 34-214(e), to promote these objectives. The planning board may withhold site plan approval where information necessary to endorse the plan is lacking or where the plan indicates noncompliance with a provision of this chapter. In considering an application for site plan approval, the planning board shall use the following criteria:
(1)
The protection of visual corridors to the waterfront and/or Boston skyline.
(2)
The use of landscaping to establish buffers between incompatible land uses.
(3)
The provision of open spaces and pedestrian amenities available to the public.
(4)
The arrangement of access points, driveways, parking areas and pedestrian walkways in a manner which facilitates interior circulation and minimizes conflict between vehicles and pedestrians.
(5)
Provisions for underground placement of utilities.
(6)
Provisions for surface runoff and the protection of the site and adjacent properties from erosion as a result thereof.
(7)
The siting of buildings, structures and open spaces to permit maximum use of passive solar energy and to permit maximum protection of pedestrian areas from adverse impacts of winds, vapors or other emissions, and/or noise.
(8)
Provisions for maintenance of common areas.
(9)
In the case of application within the waterfront district and the industrial district:
a.
The provision of linear access, access points where linear access cannot be provided, vantage points, sitting areas and pedestrian amenities along the waterfront.
b.
The compatibility of new buildings and structures with existing development landward of the proposed development (including, in particular, the preservation of waterfront views from existing development).
(10)
Compliance with all applicable provisions of this chapter.
(g)
In addition to the current requirements of subsection (f), development projects that include supporting commercial or industrial uses on filled tidelands within the Port (P) district, must comply with these additional standards:
(1)
The amount of supporting commercial or industrial uses located on the filled tidelands portion of a property shall be no more than 25 percent or that allowed by a state-approved Designated Port Area Master Plan.
(2)
The supporting commercial or industrial use must provide a water-dependent industrial use in the DPA with direct economic and/or operational support.
a.
If proposed on a property with a functioning water-dependent industrial use, required level of support is assumed to be provided.
b.
If proposed on a property with no existing or proposed water-dependent industrial use, the required level of financial support is to be (1) invested in on-site waterfront infrastructure improvements, or (2) if no or insufficient investment on-site is feasible, funds are to be contributed to the waterfront improvement trust fund.
(3)
For properties with supporting commercial uses proposed for filled tidelands, but not for supporting industrial uses, in the Port (P) district:
a.
At least one square foot of filled tideland area shall be reserved for public open space for every square foot of filled tideland covered by the combined footprint of buildings containing a non-water-dependent use on the project site. Where the reservation of filled tideland area for public open space is not practical, other areas of the project may be reserved, provided that the public access is enhanced by the change.
b.
Supporting commercial uses cannot be located on pile-supported piers.
c.
If in a new building, supporting commercial uses cannot be located in the water-dependent use zone of filled tidelands.
(h)
Lapse. Site plan approval shall lapse after two years from the grant thereof if a substantial use thereof has not sooner commenced except for good cause. Such approval may, for good cause, be extended in writing by the planning board upon the written request of the applicant.
(i)
Regulations; fees. The planning board may adopt and from time to time amend reasonable regulations for the administration of these site plan guidelines. The planning board may adopt reasonable administrative fees and technical review fees for site plan review.
(j)
Appeal. Any decision of the planning board pursuant to this section shall be appealed in accordance with the provisions of M.G.L. c. 40A, § 17 to a court of competent jurisdiction.
(Ord. of 6-20-2005, § 9.4; 3-18-2013, § III; Ord. of 3-26-2018(1), Amds. 3, 4; Ord. of 3-8-2021(5), §§ 10—13; Ord. of 10-03-2022 (1), § 2)
(a)
Established. To apply the zoning regulations and design guidelines effectively, the procedures in this section are established by which public review of new construction can be undertaken. The procedures provide an opportunity for the department of planning and development to establish conditions by which development can be shaped to serve city urban design objectives more effectively. It is the intent of these procedures to provide a method by which new development proposals can be assessed at an early stage. Such assessment offers the opportunity to explore potential modifications and refinements that would better serve the interests of both the city and the project proponent. Similarly, potential negative impacts can be identified and modifications explored that would reduce or eliminate them.
(b)
Crescent Avenue District. Design review and resulting recommendations, if any, shall be required for all uses within the Crescent Avenue District, before the issuance of a building or occupancy permit for any such use, except for:
(1)
Construction, reconstruction or repair which does not involve a change in design, material, color or the outward appearance of an existing building.
(2)
Construction, reconstruction or alteration of any feature which the building inspector shall certify is required for the public safety because of an unsafe or dangerous condition.
(c)
Design guidelines. The design review will evaluate the extent to which the proposed design satisfies the Residential 3 (R3), Retail Business 2 (BR2) and Light Industrial/Office 2 (LI2) Districts' design guidelines adopted on June 20, 2005.
(d)
Preliminary meeting. Applicants are encouraged to meet with department of planning and development prior to the conceptual design phase of the project for a discussion of site specific design characteristics that should be considered during the design of the building.
(e)
Application for design review. The application for design review shall be made during the schematic design phase of the project. At the completion of design development, a second submission shall be made, updated to reflect design development and responses to any recommendations made on the schematic design submission.
(f)
Review and response by the city.
(1)
Within seven days of receiving the submission, the department of planning and development shall submit one copy of the site plan to each of the following: the building inspector, the zoning enforcement officer, the planning board, the city engineer and the fire chief, who each shall return comments to the department of planning and development within 14 days. In the case of uses requiring special permits, the reviewing boards and offices shall have 35 days in which to return comments. Failure to return comments within the specified time period shall mean that the reviewing board or office does not take issue with the site plan.
(2)
The department of planning and development shall, upon written request and the payment of the cost of reproduction, submit one copy of the site plan to any neighborhood improvement group in whose neighborhood the use is proposed. Said neighborhood improvement group must be registered with the city clerk at the time of the submittal of the site plan to the department of planning and development.
(3)
Within a period of 21 days after the filing of the plans and application for design review, the department of planning and development shall schedule and hold a consultation session with the applicant or designee to determine whether the proposed construction, reconstruction, alteration, restoration or moving of the buildings, structures or appurtenant fixtures involved will be appropriate in terms of the purposes and conditions contained in this section. Within ten days of the consultation, the department will issue to the applicant written comments on the development as expressed by city staff and/or consultants hired to perform design review.
(4)
In considering such application for a design review, the department of planning and development may consult an architect, city planner or urban designer employed by said department at the expense of the applicant, providing that in no case the applicant is charged more than one percent of the construction costs of the project being reviewed for the costs of processing an application for a design certificate.
(g)
Submission contents. Application for design review shall be made on a form supplied by the department of planning and development. All document plans shall be prepared by a professional architect, landscape architect or registered professional engineer and shall show each of the following for the entire site, whether or not the development is to be phased, unless items are waived, in writing, by the department of planning and development:
(1)
Location map at 600 feet per each.
(2)
Survey of lot indicating property boundaries, metes and bounds, existing structures, locations of all easements, rights-of-way, grades at intervals of three feet, utilities, the owners of property and adjacent lot owners.
(3)
Photographs eight inches by ten inches in sufficient quality and detail to indicate the environmental features of the site, including, but not limited to, topography, views of the Boston skyline, adjacent or nearby open space and adjacent structures and/or uses of land.
(4)
Schematic design plans including:
a.
Site plan which accurately locates all existing and proposed buildings and structures with their proposed uses, as well as gross and usable floor areas, parking areas, driveways, driveway openings, service areas, usable open space, landscaped areas and the proposed treatment thereof (including fences, walls, planting areas and walks), all facilities for storm drainage, sewerage, refuse, other waste disposal and other utility systems.
b.
Ground floor plan indicating major dimensions, gross and net floor area, proposed uses of interior areas in appropriate scale, access points for pedestrian and service areas.
c.
Typical floor plan indicating major dimensions, gross and net floor area, proposed uses and vertical circulation for upper level floors.
d.
All data required to enable the department to determine the amount and frequency of traffic volumes generated and the extent of compliance with off-street parking and loading requirements.
e.
Sign plan indicating location, size, illumination and design of all signs on the site.
f.
Elevations defining heights, proposed entrances, fenestration, signage, all materials, finishes, colors and features of the entire project.
(Ord. of 6-20-2005, § 9.5; Ord. of 12-21-2023(2), Amend. No. 4)
- ADMINISTRATION AND PROCEDURES
(a)
Generally. This chapter shall be administered by the building inspector. Pursuant to the state building code, the building inspector may require such plans and specifications as may be necessary to determine compliance with all pertinent laws of the state and may request advisory reviews by other municipal boards and officials. Buildings, structures or signs may not be erected, substantially altered, moved, or changed in use and land may not be substantially altered or changed with regard to size or shape or principal use unless in compliance with then-applicable zoning, and after all necessary permits have been received under federal, state, or local law. Issuance of a building permit or certificate of use and occupancy, where required under the state building code, may serve as certification of such compliance.
(b)
Occupancy permit.
(1)
Required; exemption. No premises, building, structure or land shall be occupied, used or changed in use, or used in the conduct of any business, without an occupancy permit in the name of said business, if applicable, signed by the building inspector, which permit shall not be issued until the buildings, structure, or premises and its uses comply in all respects with this chapter. This provision shall not apply to businesses using or occupying premises at the time of passage of the ordinance from which this chapter is derived.
(2)
Temporary permit. A temporary occupancy permit may be issued in appropriate cases.
(Ord. of 6-20-2005, §§ 9.1.1, 9.1.2)
The building inspector shall institute and take any and all such action as may be necessary to enforce full compliance with any and all of the provisions of this chapter and of permits, special permits, variances and site plan approval issued thereunder, including notification of noncompliance and legal action through and in conjunction with the office of the city solicitor.
(Ord. of 6-20-2005, § 9.1.3)
The penalty for violation of any provision of this chapter, of any of the conditions under which a permit is issued, or of any decision rendered by the zoning board of appeals, any special permit granting authority, or the site plan approval board shall be $300.00 for each offense. Each day that each violation continues shall constitute a separate offense.
(Ord. of 6-20-2005, § 9.1.4)
State Law reference— Penalty for violations, M.G.L. c. 40A, § 7.
Pursuant to M.G.L. c. 40, § 21D, the building inspector may enforce this chapter by the noncriminal disposition of the matter.
(Ord. of 6-20-2005, § 9.1.5)
(a)
Position established. The zoning board of appeals is established consistent with the provisions of M.G.L. c. 40A, § 12 and in accordance with chapter 103 of the Acts of 1994, and the provisions of the administrative code (see appendix A to this Code). The appointment of associate members, as provided by statute, shall be permitted.
(b)
Powers. The zoning board of appeals shall have and exercise all the powers granted to it by M.G.L. c. 40A, 40B, and 41 and by this chapter. The zoning board of appeals' powers are as follows:
(1)
To hear and decide applications for special permits. Unless otherwise specified herein, the zoning board of appeals shall serve as the special permit granting authority, to act in all matters in accordance with the provisions of section 34-214, or as otherwise specified.
(2)
To hear and decide appeals or petitions for variances from the terms of this chapter, with respect to particular land or structures, where owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this chapter would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and where 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, all as set forth in M.G.L. c. 40A, § 10. The zoning board of appeals shall not grant use variances.
(3)
To hear and decide appeals taken by any person aggrieved by reason of inability to obtain a permit or enforcement action from any administrative officer under the provisions of M.G.L. c. 40A, §§ 7, 8 and 15.
(4)
To hear and decide comprehensive permits for construction of low or moderate income housing by a public agency or limited dividend or nonprofit corporation, as set forth in M.G.L. c. 40B, §§ 20—23.
(c)
Variances. Each petition or appeal for a variance from the specific terms of a zoning regulation shall include a written statement justifying the petition or appeal on the basis that all of the following conditions are met, as required by M.G.L. c. 40A, § 10:
(1)
The variance is sought because of soil conditions, shape or topography of such land or structure and especially affecting such land or structures but not affecting generally the zoning district in which it is located;
(2)
A literal enforcement of the provisions of this chapter would involve a substantial hardship, financial or otherwise, to the petitioner or appellant.
(3)
Desirable relief may be granted without substantial detriment to the public good, and
(4)
Desirable relief may be granted without nullifying or substantially derogating from the intent or purpose of this chapter.
(d)
Conditions. Variances or special permits may be granted by the zoning board of appeals with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the zoning board of appeals may deem necessary to serve the purposes of this chapter. Such conditions may include, but are not limited to: private disposal of waste; deadline to commence construction; signage; alarm system; limits on vehicles, number of students, gender of residents, noise and possession of substances; maintenance requirements; landscaping; parking spaces; dust control; term for years with or without automatic renewals; sewer connection; and bond.
(e)
Regulations. The zoning board of appeals may adopt rules and regulations for the administration of its powers.
(f)
Fees. The zoning board of appeals may adopt reasonable administrative fees and technical review fees for petitions for variances, administrative appeals and applications for comprehensive permits.
(Ord. of 6-20-2005, § 9.2)
State Law reference— Zoning board of appeals, M.G.L. c. 40A, § 12 et seq.; variances, M.G.L. c. 40A, § 10.
(a)
Special permit granting authority. Unless specifically designated otherwise, the zoning board of appeals shall act as the special permit granting authority.
(b)
Criteria. Special permits shall be granted by the special permit granting authority, unless otherwise specified herein, only upon its written determination that the benefit to the city and the neighborhood outweigh the adverse effects of the proposed use, taking into account the characteristics of the site and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this chapter, the determination shall include consideration of each of the following:
(1)
Social, economic or community needs which are served by the proposal;
(2)
Traffic flow and safety, including parking and loading;
(3)
Adequacy of utilities and other public services;
(4)
Neighborhood character and social structures;
(5)
Impacts on the natural environment, including drainage; and
(6)
Potential fiscal impact, including impacts on city services, tax base and employment.
(7)
For all uses requiring a special permit in the Port (P) district on parcels that are within the boundaries of the designated port area, the permit granting authority in approving the project must also find that:
a.
The proposed use will not displace an existing water-dependent use with a non-water-dependent use;
b.
The proposed use will not, by virtue of its location, scale, duration, operation, or other aspects, pre-empt or interfere with existing or future development of water-dependent uses of the project site or surrounding property;
c.
The proposed use is compatible with the working waterfront character of the district; and
d.
The proposed use will not adversely affect the preservation of water dependent uses on surrounding properties.
(c)
Procedures. Applicants shall file 15 copies of the special permit application and plans with the city clerk. Whenever an application for a special permit is so filed, the applicant shall also file, within five working days of the filing of the completed application, copies of the application and plans with the board of health, conservation commission, building inspector, department of public works, and planning board, for their consideration, review, and report.
(1)
Reports from other boards and officials shall be submitted to the special permit granting authority by the date of the public hearing, but in any case within 35 days of receipt of the reviewing party of all of the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto.
(2)
In the event that the public hearing by the special permit granting authority is held prior to the expiration of the 35-day period, said authority shall continue the public hearing to permit the formal submission of reports and recommendations within that 35-day period.
(3)
The provisions of this subsection (c) shall not apply to applications for special permits to reconstruct, extend, alter, or structurally change a nonconforming single- or two-family structure. The zoning board of appeals may adopt regulations to establish procedures governing the form of such applications.
(d)
Plans and other submittals. An applicant for a special permit shall submit a plan in substantial conformance with the requirements of section 34-215. At the discretion of the special permit granting authority, the submittal of a development impact statement (DIS) may be required. The DIS shall be prepared by an interdisciplinary team including a registered landscape architect or architect, a registered professional or civil engineer, and a registered surveyor.
(1)
Physical environment.
a.
Describe the general physical conditions of the site, including amounts and varieties of vegetation, general topography, unusual geological, archeological, scenic and historical features or structures, location of significant viewpoints, stone walls, trees over 16 inches in diameter, trails and open space links, and indigenous wildlife.
b.
Describe how the project will affect these conditions, providing a complete physical description of the project and its relationship to the immediate surrounding area.
(2)
Surface water and subsurface conditions.
a.
Describe the location, extent and type of existing water and wetlands, including existing surface drainage characteristics, both within and adjacent to the site.
b.
Describe any proposed alterations of shorelines, marshes or seasonal wet areas.
c.
Describe any limitations imposed on the project by the site's soil and water conditions.
d.
Describe the impact upon groundwater and surface water quality and recharge, including estimated phosphate and nitrate loading on groundwater and surface water from septic tanks, lawn fertilizer and other activities within the site.
(3)
Circulation systems.
a.
Project the number of motor vehicles to enter or depart the site per average day and peak hour. Also state the number of motor vehicles to use streets adjacent to the site per average day and peak hour. Such data shall be sufficient to enable the special permit granting authority to evaluate:
1.
Existing traffic on streets adjacent to or approaching the site;
2.
Traffic generated or resulting from the site; and
3.
The impact of such additional traffic on all ways within and providing access to the site.
b.
Actual study results, a description of the study methodology, and the name, address, and telephone number of the person responsible for implementing the study, shall be attached to the DIS.
(4)
Support systems.
a.
Water distribution. Discuss the types of wells or water system proposed for the site, means of providing water for firefighting and any problems unique to the site.
b.
Sewage disposal. Discuss the type of on-site or sewer system to be used, suitability of soils, procedures and results of percolation tests and evaluate impact of disposal methods on surface water and groundwater.
c.
Refuse disposal. Discuss the location and type of facilities, the impact on existing city refuse disposal capacity, hazardous materials requiring special precautions.
d.
Fire protection. Discuss the type, location and capacity of fuel storage facilities or other flammables, distance to fire station and adequacy of existing firefighting equipment to confront potential fires on the proposed site.
e.
Recreation. Discuss the distance to and type of public facilities to be used by residents of the proposed site, and the type of private recreation facilities to be provided on the site.
f.
Schools. Project the increase to the student population for nursery, elementary, junior high school and high school levels, also indicating present enrollment in the nearest public schools serving these categories of students.
(5)
Phasing. Where development of the site will be phased over more than one year, indicate the following:
a.
Describe the methods to be used during construction to control erosion and sedimentation through use of sediment basins, mulching, matting, temporary vegetation or covering of soil stockpiles.
b.
Describe the approximate size and location of the portion of the parcel to be cleared at any given time and length of time of exposure.
c.
Describe the phased construction, if any of any required public improvements, and how such improvements are to be integrated into site development.
(e)
Conditions. Special permits may be granted with such reasonable conditions, safeguards or limitations on time or use, including performance guarantees, as the special permit granting authority may deem necessary to serve the purposes of this chapter. Such conditions may include, but are not limited to: private disposal of waste; deadline to commence construction; signage; alarm system; limits on vehicles, number of students, gender of residents, noise and possession of substances; maintenance requirements; landscaping; parking spaces; dust control; term for years with or without automatic renewals; sewer connection; bond; and limitation to the term of ownership or use by the applicant.
(f)
Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 24 months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in M.G.L. c. 40A, § 17, from the grant thereof) with the city clerk.
(g)
Regulations. The special permit granting authority may adopt rules and regulations for the administration of this section.
(h)
Fees. The special permit granting authority may adopt reasonable administrative fees and technical review fees for applications for special permits.
(Ord. of 6-20-2005, § 9.3; Ord. of 3-8-2021(5), § 9)
State Law reference— Special permits, M.G.L. c. 40A, § 9 et seq.
(a)
Applicability. The following types of activities and uses shall require site plan review:
(1)
Construction, exterior alteration or exterior expansion of, or change of use within, a municipal, institutional, commercial, industrial or multifamily structure with four or more dwelling units;
(2)
Construction or expansion of a parking lot for a municipal, institutional, commercial, industrial or multifamily structure or purpose.
(3)
Construction or expansion of a medical marijuana treatment center or dispensary, and/or marijuana establishment, will require a major site plan review.
(4)
Construction, exterior alteration or exterior expansion of, or change of use, on a parcel that is subject to a state-approved designated port area master plan.
(5)
Construction or expansion of an electric vehicle repair facility will require a major site plan review.
(b)
Minor site plan approval. An application for permits to build, alter, or expand any building, structure or use in any district where such construction: (1) will not exceed a total gross floor area of 8,000 square feet, and (2) will not generate the need for more than 25 parking spaces shall be deemed a minor site plan. For the purposes of computing total gross floor area or parking spaces, all such applications made within the five previous calendar years shall be considered in the aggregate. And further, within the Waterfront (W), Port (P), and Waterfront Upland (WU) districts, total gross floor area shall include any intensive use area that is outside of the building or structure. Minor site plans shall be reviewed by the building inspector as follows:
(1)
Minor site plans may be required to set forth all of the information required by subsection (e) of this section; provided, however, that the requirements for the preparation of such plans shall normally be relaxed by the inspector of buildings.
(2)
The building inspector shall review and act upon the minor site plan within 60 days of its receipt, and notify the applicant of its decision. The decision of the building inspector shall be in writing.
(3)
No building permit or certificate of occupancy shall be issued by the building inspector unless a minor site plan has been approved or unless 60 days lapse from the date of the submittal of the minor site plan without action.
(4)
The time for decision making may be extended by written agreement of the parties.
(c)
Major site plan approval. Major site plan review shall be conducted by the planning board and shall require a public hearing in accordance with the procedures set forth in M.G.L. c. 40A, §§ 9 and 11. Applicants shall submit five copies of the site plan to the planning board for review, and within three days thereafter shall also submit a copy of the site plan to the city council, board of health, department of public works, building inspector and conservation commission, for their advisory review and comments. The planning board shall, upon written request and the payment of the cost of reproduction, submit one copy of the site plan to any neighborhood improvement group in whose neighborhood the use is proposed. Said neighborhood improvement group must be registered with the city clerk at the time of submittal of the site plan to the planning board.
(1)
Waiver of submittal requirements. The planning board may, upon written request of the applicant, waive any of the submittal requirements for major site plans set forth in subsection (e) of this section, where the project involves relatively simple development plans.
(d)
General procedural requirements. The following procedures apply to both minor and major site plans:
(1)
Application for building permit. An application for a building permit to perform work as set forth in subsection (a) of this section available as of right shall be accompanied by an approved site plan.
(2)
Application for special permit or variance. An application for a special permit or a variance to perform work as set forth in subsection (a) of this section shall be accompanied by a site plan approved in accordance with this section; in the alternative, any special permit or variance granted for work set forth in subsection (a) of this section shall contain the following condition: The work described herein requires the approval of a site plan pursuant to this section. Any conditions imposed in such site plan approval shall also be conditions of this special permit or variance.
(3)
Conditions. Where the planning board approves a site plan with conditions, and said approved site plan accompanies a special permit or variance application to the zoning board of appeals, the conditions imposed by the planning board shall be incorporated into the issuance, if any, of a special permit or variance by the zoning board of appeals.
(4)
Consolidation. 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.
(5)
Deviation. No deviation from an approved site plan shall be permitted without modification of the original site plan in accordance with the process set forth in this section.
(e)
Preparation of plans; contents. Applicants are invited to submit a preapplication sketch of the proposed project to the planning board and to schedule a comment period at a regular meeting of the planning board. The applicant shall submit one set of 24-inch by 36-inch sheets and nine sets of 11-inch by 17-inch sheets. Plans shall be prepared by a registered professional engineer, registered land surveyor, architect, or landscape architect, as appropriate. Dimensions and scales shall be adequate to determine that all requirements are met and to make a complete analysis and evaluation of the proposal. All plans shall have a minimum scale of one inch equals 20 feet. The contents of the site plan are as follows:
(1)
Seven separate plans prepared at a scale of one inch equals 20 feet or such other scale as may be approved by the planning board. The plans are as follows:
a.
Locus plan, at a scale of one inch equals 100 feet, showing the entire project and its relation to existing areas, buildings and roads for a distance of 1,000 feet from the project boundaries or such other distance as may be approved or required by the planning board.
b.
Site layout, which shall contain the boundaries of the lots in the proposed development, existing structures to be retained, proposed structures, drives, parking, fences, walls, walks, outdoor lighting, loading facilities, areas for snow storage after plowing, and all proposed recreational facilities and open space areas.
c.
Topography and drainage plan, which shall contain the existing and proposed final topography at two-foot intervals and plans for handling stormwater drainage, and all wetlands including floodplain areas.
d.
Utility plan, which shall include all facilities for refuse and sewage disposal or storage of all wastes, the location of all hydrants, fire alarm and firefighting facilities on and adjacent to the site.
e.
Architectural plan, which shall include the ground floor plan and architectural elevations of all proposed buildings and a color rendering.
f.
Landscaping plan, showing the limits of work, existing tree lines, and all proposed landscape features and improvements including screening, planting areas with size and type of stock for each shrub or tree, and including proposed erosion control measures.
g.
Certified plot plan, which shall contain all boundaries, easements, utilities, and dimensions.
h.
Marijuana establishments are required to submit a security and access plan, showing location of security cameras, all exits and entrances, card and keypad readers, any locking mechanisms, sensors and monitors.
(2)
The site plan shall be accompanied by a written statement indicating the estimated time required to complete the proposed project and any and all phases thereof. There shall be submitted a written estimate, showing in detail the costs of all site improvements planned.
(3)
A written summary of the contemplated projects shall be submitted with the site plan indicating, where appropriate, the number of dwelling units to be built and the acreage in residential use, the evidence of compliance with parking and off-street loading requirements, the forms of ownership contemplated for the property and a summary of the provisions of any ownership or maintenance thereof, identification of all land that will become common or public land, and any other evidence necessary to indicate compliance with this chapter.
(4)
The site plan shall be accompanied by drainage calculations by a registered professional engineer. Storm drainage design must conform to subdivision regulations.
(5)
A DIS shall be submitted with each site plan application as set forth in section 34-214. The planning board may waive this requirement in accordance with subsection (c)(1) of this section.
(6)
Certification that the proposal is in compliance with the provisions, if applicable, of the Americans with Disabilities Act and the state architectural barriers board.
(7)
In the case of condominiums, cooperatives or similar forms of ownership for any real estate, a true copy of the condominium declaration or articles of incorporation, the bylaws of the owner's association, and the master deed shall be submitted.
(f)
Decision. The planning board may impose reasonable conditions at the expense of the applicant, including, but not limited to, those set forth in section 34-214(e), to promote these objectives. The planning board may withhold site plan approval where information necessary to endorse the plan is lacking or where the plan indicates noncompliance with a provision of this chapter. In considering an application for site plan approval, the planning board shall use the following criteria:
(1)
The protection of visual corridors to the waterfront and/or Boston skyline.
(2)
The use of landscaping to establish buffers between incompatible land uses.
(3)
The provision of open spaces and pedestrian amenities available to the public.
(4)
The arrangement of access points, driveways, parking areas and pedestrian walkways in a manner which facilitates interior circulation and minimizes conflict between vehicles and pedestrians.
(5)
Provisions for underground placement of utilities.
(6)
Provisions for surface runoff and the protection of the site and adjacent properties from erosion as a result thereof.
(7)
The siting of buildings, structures and open spaces to permit maximum use of passive solar energy and to permit maximum protection of pedestrian areas from adverse impacts of winds, vapors or other emissions, and/or noise.
(8)
Provisions for maintenance of common areas.
(9)
In the case of application within the waterfront district and the industrial district:
a.
The provision of linear access, access points where linear access cannot be provided, vantage points, sitting areas and pedestrian amenities along the waterfront.
b.
The compatibility of new buildings and structures with existing development landward of the proposed development (including, in particular, the preservation of waterfront views from existing development).
(10)
Compliance with all applicable provisions of this chapter.
(g)
In addition to the current requirements of subsection (f), development projects that include supporting commercial or industrial uses on filled tidelands within the Port (P) district, must comply with these additional standards:
(1)
The amount of supporting commercial or industrial uses located on the filled tidelands portion of a property shall be no more than 25 percent or that allowed by a state-approved Designated Port Area Master Plan.
(2)
The supporting commercial or industrial use must provide a water-dependent industrial use in the DPA with direct economic and/or operational support.
a.
If proposed on a property with a functioning water-dependent industrial use, required level of support is assumed to be provided.
b.
If proposed on a property with no existing or proposed water-dependent industrial use, the required level of financial support is to be (1) invested in on-site waterfront infrastructure improvements, or (2) if no or insufficient investment on-site is feasible, funds are to be contributed to the waterfront improvement trust fund.
(3)
For properties with supporting commercial uses proposed for filled tidelands, but not for supporting industrial uses, in the Port (P) district:
a.
At least one square foot of filled tideland area shall be reserved for public open space for every square foot of filled tideland covered by the combined footprint of buildings containing a non-water-dependent use on the project site. Where the reservation of filled tideland area for public open space is not practical, other areas of the project may be reserved, provided that the public access is enhanced by the change.
b.
Supporting commercial uses cannot be located on pile-supported piers.
c.
If in a new building, supporting commercial uses cannot be located in the water-dependent use zone of filled tidelands.
(h)
Lapse. Site plan approval shall lapse after two years from the grant thereof if a substantial use thereof has not sooner commenced except for good cause. Such approval may, for good cause, be extended in writing by the planning board upon the written request of the applicant.
(i)
Regulations; fees. The planning board may adopt and from time to time amend reasonable regulations for the administration of these site plan guidelines. The planning board may adopt reasonable administrative fees and technical review fees for site plan review.
(j)
Appeal. Any decision of the planning board pursuant to this section shall be appealed in accordance with the provisions of M.G.L. c. 40A, § 17 to a court of competent jurisdiction.
(Ord. of 6-20-2005, § 9.4; 3-18-2013, § III; Ord. of 3-26-2018(1), Amds. 3, 4; Ord. of 3-8-2021(5), §§ 10—13; Ord. of 10-03-2022 (1), § 2)
(a)
Established. To apply the zoning regulations and design guidelines effectively, the procedures in this section are established by which public review of new construction can be undertaken. The procedures provide an opportunity for the department of planning and development to establish conditions by which development can be shaped to serve city urban design objectives more effectively. It is the intent of these procedures to provide a method by which new development proposals can be assessed at an early stage. Such assessment offers the opportunity to explore potential modifications and refinements that would better serve the interests of both the city and the project proponent. Similarly, potential negative impacts can be identified and modifications explored that would reduce or eliminate them.
(b)
Crescent Avenue District. Design review and resulting recommendations, if any, shall be required for all uses within the Crescent Avenue District, before the issuance of a building or occupancy permit for any such use, except for:
(1)
Construction, reconstruction or repair which does not involve a change in design, material, color or the outward appearance of an existing building.
(2)
Construction, reconstruction or alteration of any feature which the building inspector shall certify is required for the public safety because of an unsafe or dangerous condition.
(c)
Design guidelines. The design review will evaluate the extent to which the proposed design satisfies the Residential 3 (R3), Retail Business 2 (BR2) and Light Industrial/Office 2 (LI2) Districts' design guidelines adopted on June 20, 2005.
(d)
Preliminary meeting. Applicants are encouraged to meet with department of planning and development prior to the conceptual design phase of the project for a discussion of site specific design characteristics that should be considered during the design of the building.
(e)
Application for design review. The application for design review shall be made during the schematic design phase of the project. At the completion of design development, a second submission shall be made, updated to reflect design development and responses to any recommendations made on the schematic design submission.
(f)
Review and response by the city.
(1)
Within seven days of receiving the submission, the department of planning and development shall submit one copy of the site plan to each of the following: the building inspector, the zoning enforcement officer, the planning board, the city engineer and the fire chief, who each shall return comments to the department of planning and development within 14 days. In the case of uses requiring special permits, the reviewing boards and offices shall have 35 days in which to return comments. Failure to return comments within the specified time period shall mean that the reviewing board or office does not take issue with the site plan.
(2)
The department of planning and development shall, upon written request and the payment of the cost of reproduction, submit one copy of the site plan to any neighborhood improvement group in whose neighborhood the use is proposed. Said neighborhood improvement group must be registered with the city clerk at the time of the submittal of the site plan to the department of planning and development.
(3)
Within a period of 21 days after the filing of the plans and application for design review, the department of planning and development shall schedule and hold a consultation session with the applicant or designee to determine whether the proposed construction, reconstruction, alteration, restoration or moving of the buildings, structures or appurtenant fixtures involved will be appropriate in terms of the purposes and conditions contained in this section. Within ten days of the consultation, the department will issue to the applicant written comments on the development as expressed by city staff and/or consultants hired to perform design review.
(4)
In considering such application for a design review, the department of planning and development may consult an architect, city planner or urban designer employed by said department at the expense of the applicant, providing that in no case the applicant is charged more than one percent of the construction costs of the project being reviewed for the costs of processing an application for a design certificate.
(g)
Submission contents. Application for design review shall be made on a form supplied by the department of planning and development. All document plans shall be prepared by a professional architect, landscape architect or registered professional engineer and shall show each of the following for the entire site, whether or not the development is to be phased, unless items are waived, in writing, by the department of planning and development:
(1)
Location map at 600 feet per each.
(2)
Survey of lot indicating property boundaries, metes and bounds, existing structures, locations of all easements, rights-of-way, grades at intervals of three feet, utilities, the owners of property and adjacent lot owners.
(3)
Photographs eight inches by ten inches in sufficient quality and detail to indicate the environmental features of the site, including, but not limited to, topography, views of the Boston skyline, adjacent or nearby open space and adjacent structures and/or uses of land.
(4)
Schematic design plans including:
a.
Site plan which accurately locates all existing and proposed buildings and structures with their proposed uses, as well as gross and usable floor areas, parking areas, driveways, driveway openings, service areas, usable open space, landscaped areas and the proposed treatment thereof (including fences, walls, planting areas and walks), all facilities for storm drainage, sewerage, refuse, other waste disposal and other utility systems.
b.
Ground floor plan indicating major dimensions, gross and net floor area, proposed uses of interior areas in appropriate scale, access points for pedestrian and service areas.
c.
Typical floor plan indicating major dimensions, gross and net floor area, proposed uses and vertical circulation for upper level floors.
d.
All data required to enable the department to determine the amount and frequency of traffic volumes generated and the extent of compliance with off-street parking and loading requirements.
e.
Sign plan indicating location, size, illumination and design of all signs on the site.
f.
Elevations defining heights, proposed entrances, fenestration, signage, all materials, finishes, colors and features of the entire project.
(Ord. of 6-20-2005, § 9.5; Ord. of 12-21-2023(2), Amend. No. 4)