Cohasset City Zoning Code
ARTICLE 11
Development of Significant Impact
[Added 12-9-2024 STM by Art. 14]
[1]
Editor's Note: Former Art. 11, Regulations Governing Earth Removal, was redesignated as § 300-9.1 of this chapter and amended 6-3-2024 ATM by Art. 16.
§ 300-11.1 Purposes.
The purposes of this bylaw include the encouragement of development design and construction practices that protect and to the extent possible, preserve, the Town's environmental, scenic, natural and historic resources, abutting properties, and existing infrastructure, including but not limited to public or private roads, that may be negatively impacted by heavy construction vehicles, blasting, vibration, and similar activities associated with development by: a) mitigating the impacts of significant development projects in order to protect the public health, safety and welfare; and (b) requiring on-site and off-site (subject to the permission of the property owner) mitigation measures to ensure that the proposed development properly alleviates the development's impacts on the Town and/or neighborhood.
§ 300-11.2 Applicability.
For purposes of this bylaw, a "development of significant impact" is any new construction to develop land or an addition to or expansion of an existing use or structure that is subject to a special permit (except those residential projects requiring a special permit under Article 8 of the Bylaw) or site plan review under Article 4, Use Regulations, of this Zoning Bylaw, and any residential or commercial subdivision or other division of land creating three or more lots.
§ 300-11.3 Development impact assessment.
For any development subject to this bylaw, the developer shall submit to the Planning Board, or where the project may require a special permit from the Zoning Board of Appeals, the developer shall submit to the Zoning Board of Appeals, a development impact assessment which shall include, but not be limited to, identifying any impacts, financial or otherwise, on:
A.
The Town's environmental, scenic, and natural resources;
B.
The Town's historic resources;
C.
The loss of trees and vegetation integral to carbon sequestration and animal habitats;
D.
Existing infrastructure, including the development's wear and tear on existing public or private roads providing access to the proposed development, the capacity of any road providing access to the development pre- and post-construction of the development;
E.
Pedestrian safety along any road providing access to the development, including existing sidewalks or the need for new or extended sidewalks, the safety of existing nearby intersections and history of motor vehicle accidents related thereto, and any measures that may be implemented to improve pedestrian safety;
F.
Water and sewer capacity and infrastructure and drainage pre- and post-construction of the development;
G.
The generation of and plans to address on-site solid waste; and
H.
Abutting properties and the surrounding neighborhood in terms of noise, odor, glare, noxious fumes, dust, vibration, traffic, screening and buffering.
Each development impact assessment shall be reviewed and evaluated by the appropriate Town department or, if specialized expertise is required, by an outside peer review consultant to be funded by the developer pursuant to M.G.L. c. 44, § 53G.
§ 300-11.4 Mitigation of development of significant impacts.
Based on the development impact assessment, the Planning Board or Zoning Board of Appeals, as applicable, may impose conditions requiring mitigation of any impact, provided such mitigation is reasonably related to and proportionate to any impact presented by the proposed development. To the extent that any required mitigation coincides with any planned improvements by the Town, the developer shall coordinate with the Town, and in lieu of the developer undertaking such mitigation, the developer may make a financial contribution to the Town to be used for the identified improvement project, in an amount commensurate with the proposed development's impact. To the extent that any mitigation is proposed for private property, such mitigation may be recommended by the Planning Board or Zoning Board of Appeals but is subject to the consent of the property owner. Mitigation may include any of the following:
A.
Mitigation for generation of significant increase of traffic volume. Mitigation may include the donation of land to widen a right-of-way providing access to the development or widening of undeveloped land within the existing right-of-way providing access to the development to accommodate increased traffic; installation or extension of sidewalks for pedestrian safety; the provision of crosswalks, speed bumps, speed tables or other traffic-calming measures consistent with the Manual on Uniform Traffic Controls; restoring the main road providing access to the development to its pre-development condition or better, including the repair or replacement of curbing or sidewalks, re-loaming, re-seeding and replacing any trees within or along the right-of-way damaged or removed as a result of said development.
B.
Mitigation for impact on infrastructure. The Planning Board or Zoning Board of Appeals, as applicable, may require mitigation to improve the capacity and safety of streets and ways in addition to the right-of-way providing access to the proposed development, the expansion or provision of water and sewer service, and/or improvements to drainage, provided such mitigation is reasonably related to the proposed development or impacts caused by the proposed development.
C.
Mitigation for loss of trees and vegetation. Any project that clears any vegetation comprising more than 50% of a lot (notwithstanding the clearing limits of § 300-9.1 of the Bylaw) may be required to replace such vegetation with the planting of trees and vegetation of an equal area on-site, or if not possible on-site, the developer may coordinate with the Town to provide equivalent vegetation off-site within Cohasset, subject to the approval of the Planning Board or Zoning Board of Appeals, or may make a financial contribution to the Town in an amount that would cover the cost of replacing the vegetation removed, at locations in Town to be determined by the Town.
D.
Mitigation for disruption of historic resources. A suitable buffer area to protect such historic resources as determined by the Planning Board or Zoning Board of Appeals, as applicable, shall be established on all sides of each historic resource, such as cellar holes, farmsteads, stone corrals, marked graves, water wells, or similar features, including those listed on the Massachusetts Register of Historic Places or as defined by the National Historic Preservation Act.
