Freetown City Zoning Code
ARTICLE II
Administration
§ 300-2.1 Special permit granting authority.
[Amended 10-27-2008 STM; 6-7-2010 ATM]
A.
The special permit granting authority will issue permits in accord with the procedure and provisions of MGL c. 40A, § 9.
B.
Each application for a special permit shall be filed by the petitioner with the Town Clerk and a copy of said application, including the date and time of filing certified by the Town Clerk, shall be filed forthwith by the petitioner with the special permit granting authority.
C.
The Zoning Bylaw shall provide that a special permit granted under this section shall lapse within a specified period of time, not more than two years, which shall not include such time required to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause.
D.
Unless otherwise specified in this bylaw, the special permit granting authority is the Planning Board.
§ 300-2.2 Planning Board.
[Amended 3-24-1997 STM; 10-27-2003 STM; 10-27-2008 STM]
A.
Associate member. The Freetown Planning Board, when acting as the SPGA, is authorized in MGL c. 40A, § 9, to create an associate Planning Board member. This associate member will be chosen by majority vote of the Board of Selectmen and the Planning Board, each person having one vote, and will have a three-year term. This associate member may sit on the Planning Board for the purpose of acting on a special permit application in the case of absence, inability to act, or conflict of interest on the part of any member of the Planning Board or in the event of a vacancy on the Board.
§ 300-2.3 Board of Appeals.
[Amended 5-3-1976 ATM; 5-1-1978 ATM; 10-28-2002 STM; 10-27-2008 STM]
A.
There is hereby established a Board of Appeals of three members and two associate members to be appointed by the Selectmen, as provided in MGL c. 40A, which shall act on all matters within its jurisdiction under this bylaw in the manner prescribed in MGL c. 40A.
B.
The Board of Appeals shall have the following powers:
(1)
To hear and decide appeals in accordance with MGL c. 40A, § 8.
(2)
To hear and decide petitions for variances in accordance with MGL c. 40A, § 10.
(3)
To hear and decide applications for those uses for which approval of the Board of Appeals is required in accordance with the provisions of this bylaw and for special permits when not otherwise specified, including the power to grant variances for use, MGL c. 40A, § 10, Chapter 808 of the Acts of 1975.
(4)
To hear and decide applications for expansion of nonconforming uses.
C.
The Board of Appeals shall not grant approval for enlargement or extension unless it shall find that such extension shall not be substantially more detrimental to the neighborhood than the existing nonconforming use.
D.
In exercising the powers granted by this section, the Board of Appeals shall act in accordance with the provisions of MGL c. 40A, §§ 11, 14, 15 and 16.
§ 300-2.4 Permits.
No building or structure shall be erected or enlarged in the Town without a permit from the Board of Selectmen or its appointed agent upon application therefor, accompanied by a plan or sketch, substantially to scale, showing the lot lines and dimensions and the location of the proposed building or structure.
§ 300-2.5 Special permits.
[Amended 3-24-1997 STM; 10-27-2008 STM; 6-5-2017 ATM]
A.
The Planning Board is designated as the special permit granting authority for the purpose of granting special permits as cited in § 300-5.1, Table of Use Regulations. The SPGA shall follow the procedural requirements for special permits as set forth in MGL c. 40A, § 9. After notice and public hearing and after due consideration of the reports and recommendations of other Town boards, commissions and or departments, the SPGA may grant such a permit. The special permit granting authority shall have the power to impose reasonable conditions and modifications, including limitations of time and use, as a condition of a special permit and may secure compliance of performance by requiring the posting of a bond or other safeguards. Such conditions shall be imposed in writing and the applicant may be required to post a bond or other surety for compliance with said conditions in an amount satisfactory to the SPGA.
(1)
Application. Application for special permits shall be on such forms or in such manner as the special permit granting authority may specify and in accordance with its rules and regulations, and shall be submitted together with all required exhibits and site plans.
(2)
Special permits: Table of Use Regulations. All applications for special permits from the Planning Board shall be subject to the procedural requirements established by that Board. Special permits shall only be issued for uses which are in harmony with the general purpose and intent of this bylaw and subject to its general or specific provisions and only if the special permit granting authority finds that the following conditions are met:
(a)
The use is not noxious, harmful or hazardous, is socially and economically desirable and will meet an existing or potential need.
(b)
The advantages of the proposed use outweigh any detrimental effects, and such detrimental effects on the neighborhood and the environment will not be greater than could be expected from development which could occur if the special permit was denied.
(c)
The applicant has no reasonable alternative available to accomplish this purpose in a manner more compatible with the character of the immediate neighborhood.
(d)
The design and layout of the proposal assures the protection of adjoining premises against detrimental or offensive uses on the site, including compliance with all dimensional requirements set forth in this bylaw and provisions of adequate landscaping, including the screening of adjacent residential uses; this includes provision of street trees, landscape islands in the parking lots and a landscaped buffer along the property lines.
(e)
The requested use will not create unmitigated traffic congestion or safety issues and provides enhanced pedestrian mobility.
(f)
The design of the proposal provides an adequate amount of spaces and for the proper layout of parking and loading areas.
(g)
The proposal provides suitable methods of disposal for sewage, refuse and other wastes.
(h)
The proposal provides an on-site drainage system that protects adjoining properties, wetlands, watercourses and water bodies.
(i)
The proposal provides and follows a soil erosion plan that addresses the regrading of the site, stabilization of slopes during and after construction and the protection of adjoining properties, wetlands, watercourses and water bodies.
(j)
The proposal provides adequate lighting within the site while protecting adjoining properties from glare and light pollution.
(k)
The requested use will not impair the integrity or character of the district or adjoining properties, nor be detrimental to the health, morals, or welfare of the Town's residents.
B.
All special permit applications shall be reviewed by the special permit granting authority for conformance with the Special Permit Rules and Regulations. The special permit granting authority shall determine that the proposal generally conforms to the principles of good engineering, sound planning, and correct land use, and that the applicant has the means to implement the proposal if a special permit is granted.
§ 300-2.6 Site plan review.
[Amended 5-7-2007 ATM; 6-6-2016 ATM; 10-23-2017 STM]
A.
Purpose. The provisions of this section are designed to assure that all development activities regulated by this section will be carried out so as to provide for and maintain:
(1)
Protection of neighboring properties against harmful effects of uses on the development site;
(2)
Convenient and safe access for firefighting and all public safety vehicles within the development site and in relation to adjacent streets;
(3)
Convenience and safety of vehicular and pedestrian movement within the development site and in relation to adjacent streets, properties or improvements;
(4)
Satisfactory methods for drainage of surface water to and from the development site;
(5)
Satisfactory methods for storage, handling and disposal of sewage, refuse and other wastes resulting from the operations of the establishment(s) on the development site;
(6)
Convenience and safety of off-street loading and unloading of vehicles, goods products, materials, and equipment incidental to the operation of the establishment(s) on the development site; and
(7)
Harmonious relationship to the terrain and to existing buildings in the vicinity of the development site.
B.
Powers and administrative procedures.
(1)
The Planning Board is hereby designated the site plan review authority (SPRA) for site plan approval. The SPRA shall adopt and may periodically amend rules and regulations relative to the issuance of site plan approval and file a copy with the Town Clerk. Until such time that the SPRA adopts rules and regulations, the Planning Board's Special Permit Rules and Regulations shall also be considered the Site Plan Review Rules and Regulations.
(2)
After notice and public hearing, if required, and after due consideration of the reports and recommendations of other Town boards, commissions, and/or departments, the SPRA may grant such approval. Site plan approval must be received prior to the issuance of any required building permit.
C.
Applicability.
(1)
Any project smaller than 2,500 square feet of gross floor area or generating less than 25 projected vehicle trips in a day, according to the most current edition of the ITE Trip Generation Manual, will not require site plan review by the Planning Board. If no ITE use category applies to the proposed use, the Building Commissioner shall have the discretion to identify the most appropriate ITE use category to apply for purposes of evaluating trip generation. Subject to the foregoing exemptions, the following types of activities and uses require site plan review by the Planning Board:
(a)
Construction, exterior alteration or exterior expansion of, or change of use within, a municipal, institutional, commercial, or industrial building, or multifamily building with three or more dwelling units.
(b)
Construction or expansion of a parking lot for a municipal, institutional, commercial, or industrial building, or multifamily building with three or more dwelling units.
(2)
In order to determine applicability under site plan review, the Planning Board shall aggregate all approved building permits, special permits and/or site plans made within the five previous calendar years when computing the total gross floor area, total external changes, trip generation and increases in parking spaces of a site plan.
D.
Minor site plan review.
(1)
Any proposed development that meets the following thresholds shall require minor site plan review:
(a)
New construction with a gross floor area (GFA) of less than 10,000 square feet;
(b)
Expansion less than 8,000 square feet of gross floor area (GFA);
(c)
The addition of an accessory building with a gross floor area (GFA) of less than 5,000 square feet;
(e)
Construction or expansion of a parking lot proposing five or fewer new parking spaces.
(2)
For proposed projects that require minor site plan review, the Planning Board may waive, upon written request of the applicant, any of the requirements set forth in § 300-2.6 and in the Site Plan Review Rules and Regulations deemed by the Planning Board to be not necessary for its review of the application, including the requirement for a public hearing.
E.
Preapplication review.
(1)
The applicant is encouraged to request a zoning determination from the Zoning Enforcement Officer prior to submitting an application for site plan review. The zoning determination is a review of the Zoning Bylaw that will apply to a proposed project and can promote a more streamlined project review. The zoning determination is advisory only and is not a final, appealable decision of the Zoning Enforcement Officer.
(2)
The applicant is also encouraged to contact the Planning Board office to arrange a review of the proposed site plan and the review process at a regularly scheduled Planning Board meeting, and/or with other pertinent Town departments, boards, and commissions during regular Town Hall business hours. The purpose of this prefiling review is to give the applicant advice and comments prior to submitting a site plan application and thus avoiding unnecessary time and cost to the applicant due to unforeseen problems and issues with a submitted site plan.
F.
Procedure and approval.
(1)
Uses and structures that require site plan review shall be subject to the procedures and requirements set forth in § 300-2.6. In the instance that a project requires both site plan review and a special permit for which the Planning Board serves as the special permit granting authority, the SPGA shall consolidate the site plan review into the special permit procedures and the timetable for decision shall conform thereto, provided that there shall not be constructive approval of any application for site plan review.
(2)
The following items shall apply to all site plan review applications:
(a)
Applicants shall submit an application for site plan review in accordance with the rules and regulations effectuating the purposes of this bylaw adopted and periodically amended by the Planning Board. Said application shall be deemed either complete or incomplete within seven days of its receipt by the Planning Board's designee, in accordance with the required items for a completed application as outlined in the rules and regulations. A written notice outlining whether an application was determined completed or incomplete will be forwarded to the applicant within three business days of the determination date. Applicants who have submitted an incomplete application will be provided a list of items which were missing.
(b)
Upon receiving notice that the application of site plan review is complete, the applicant shall submit 12 copies of the site plans, together with such information as the Board deems appropriate, to the Planning Board for review and recommendations. Site plans shall be circulated by the Planning Board to the Board of Health, the Building Inspector, the Highway Surveyor, the Chief of Police, the Fire Chief, the Conservation Commission, and to such other municipal boards and officials as the Board determines within seven days of the filing of the application. Failure of any such department, board, agency, or official to make recommendations within 21 days of receipt of such notice shall be deemed lack of opposition thereto.
(c)
When reviewing an application for approval, the Board may determine that the assistance of outside consultants is warranted due to a project's potential impacts. The fees of any professional consultants engaged by the Board to evaluate the project shall be borne by the applicant, pursuant to MGL c. 40A, § 53G.[1] Funds received by the Board pursuant to these regulations shall be made payable to the "Town of Freetown" and shall be deposited with the municipal Treasurer, who shall establish a special account for this purpose. Expenditures from this special account may be made at the direction of the Board without further appropriation, and shall be made only for services rendered in connection with a specific project or projects for which a project review fee has been or will be collected from the applicant. At the completion of the Board's review of a project, any excess amount in the account, including interest, attributable to a specific project shall be repaid to the applicant or the applicant's successor in interest. A final report of said account shall be made available to the applicant or the applicant's successor in interest. For the purpose of this regulation, any person or entity claiming to be an applicant's successor in interest shall provide the Board with documentation establishing such succession in interest. Any applicant may take an administrative appeal from the selection of the outside consultant to the Board of Selectmen. Such appeal must be made in writing and may be taken only within 20 days after the Planning Board has mailed or hand delivered notice to the applicant of the selection. The grounds for such appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess the minimum required qualifications. 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. The required time limit for action upon an application by the Board shall be extended by the duration of the administrative 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.
[1]
Editor's Note: So in original; should be MGL c. 44, § 53G.
(d)
An application for either a special permit or a variance requiring site plan review under this bylaw shall be accompanied by a site plan approved by the Planning Board; in the alternative, any special permit or variance granted for work set forth in § 300-2.6C shall contain the following condition: "The work described herein requires the approval of a site plan by the Planning Board pursuant to § 300-2.6 of the Freetown Zoning Bylaw. Any conditions imposed in such a site plan approval shall also be conditions of this permit/variance."
(e)
Where the Planning Board approves a site plan "with conditions," and said site plan accompanies a special permit or variance application to the Board of Appeals, the conditions imposed by the Planning Board shall be deemed incorporated into the issuance, if any, of a special permit or variance by the Board of Appeals.
(f)
The applicant may be required to post a bond or cash surety for compliance with said conditions in a form and an amount satisfactory to the Planning Board.
(g)
A site plan approval from the Planning Board shall be obtained by the applicant prior to the issuance of a building permit. A copy of said approval shall be filed by the Planning Board with the Building Department and Zoning Enforcement Officer. An occupancy permit shall not be issued without certification signed by the Planning Board's designee that the project is compliant with any conditions put forth as part of the approval by the Board.
(h)
For a site plan review application that does not require a special permit from the Planning Board, the Board shall review and act upon the site plan, with such conditions as may be deemed appropriate, within 90 days of the date such application was filed with the Town Clerk. The Planning Board and the applicant may agree, in writing, to extend the deadline for action. Such agreement shall be filed with the Town Clerk.
G.
Impact statements. The Planning Board may require narrative assessments and/or quantitative studies of the on-site and off-site impacts of the proposed project. Impact statements shall be filed by the applicant in accordance with the specifications set forth in the Site Plan Review Rules and Regulations.
H.
Design standards. The following design standards, in addition to any standards prescribed elsewhere in this bylaw, shall be utilized by the Board in considering all site plans. These standards are intended to provide general guidelines for the applicant in the development of site plans:
(1)
Landscape. The landscaping should be designed to enhance the aesthetic relationship between the building and the surrounding parking area, neighborhood and streetscape. The proposed development should maximize and retain open space; be integrated into the natural landscape; minimize adverse environmental impacts to such features as wetlands, floodplains, and water resource protection recharge areas; and minimize tree, vegetation, and soil removal, and grade change. Both landscaped and usable open space should be designed to add to the visual amenities of the area by maximizing its visibility for persons passing the site or overlooking it from nearby properties.
(2)
Circulation. Site plans should provide clearly marked, safe and attractive circulation patterns for both vehicles and pedestrians. The proposed development should be designed to minimize hazards to public health and safety as a result of traffic; provide safe access and circulation on the site for expected vehicles, pedestrians, and emergency vehicles; reduce the traffic impacts of the proposed development on the area and the Town; and minimize the impact on natural resources.
(3)
Surface water drainage. The removal of surface water should not adversely affect adjoining properties, streets or storm drainage systems; nor obstruct circulation of vehicles and pedestrians. The proposed development should include adequate provisions or measures to prevent pollution of surface water or groundwater; minimize erosion and sedimentation and mitigate the potential for flooding.
(4)
Building location and design. Proposed buildings and structures should be integrated with existing building locations, setbacks from the street, and the existing landscaping and terrain. The design of proposed buildings, structures and additions should complement the rooflines, arrangement of openings, colors, exterior materials, proportion and scale of existing buildings in the vicinity and should be compatible with the natural and built environment in the area and the surrounding neighborhood.
(5)
Parking. Parking areas should be designed to minimize the visual impact from adjacent land uses and public ways, promote efficient flow within the lot so as not to create conflicting movements, and provide for the safety of vehicles and pedestrians. Parking areas should be located to the rear or side of buildings, incorporate adequate lighting, and have appropriate signage. Parking and loading shall comply with Article VIII, Off-Street Parking and Loading Regulations, of the Town of Freetown Zoning Bylaw.
(6)
Lighting. The proposed development should not produce lighting so as to unreasonably interfere with the use and enjoyment of the adjacent or nearby properties. Lighting practices and systems should reduce light pollution, light trespass and glare; conserve energy and decrease lighting cost without decreasing nighttime safety, security, and productivity; and preserve the night sky to enhance nighttime enjoyment of property within the Town.
(7)
Noise. The proposed project should not produce noise so as to unreasonably interfere with the use and enjoyment of the adjacent or nearby properties. The proposed development should be designed to limit the noise impact onto others due to the proposed use and activities anticipated to occur on the site.
I.
Maintenance. All accessways, parking areas, fences, walls, landscaping, lighting, drainage, and waste disposal areas shall be adequately maintained by the property owner or the lessee and repaired or replaced wherever and whenever necessary to insure continued compliance with the approved site plan. Landscaped materials shall survive for a minimum of one complete growing season following installation. In the event any plant material dies within such period, it shall be replaced as soon as practical. The Zoning Enforcement Officer, pursuant to MGL c. 40A, § 7, shall have the authority to enforce the elements of this section.
J.
Decision. In evaluating and rendering a decision on a proposed development plan which requires site plan approval, the Planning Board shall consider the degree to which the proposed development achieves the following objectives and may require conditions or modification to the proposed site plan to ensure the objectives are fulfilled:
(1)
Protects neighboring properties against harmful effects of uses on the development site;
(2)
Provides convenient and safe access for firefighting and all public safety vehicles within the development site and in relation to adjacent streets;
(3)
Provides convenient and safe vehicular and pedestrian movement within the development site and in relation to adjacent streets, properties or improvements;
(4)
Provides satisfactory methods for drainage of surface water to and from the development site;
(5)
Provides satisfactory methods for storage, handling and disposal of sewage, refuse and other wastes resulting from the normal operations of the establishment(s) on the development site;
(6)
Provides convenient and safe off-street loading and unloading of vehicles, goods products, materials, and equipment incidental to the normal operation of the establishment(s) on the development site;
(7)
Provides a harmonious relationship to the terrain and to existing buildings in the vicinity of the development site;
(8)
Complies with all applicable requirements of this bylaw and the Rules and Regulations of Site Plan Review unless explicitly waived by the Planning Board.
K.
Recordation of site plan. A site plan, or any extension, modification or renewal thereof, shall not take effect until it is recorded in the Bristol County Registry of Deeds and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The applicant shall notify the Board, in writing, upon recordation, and present evidence thereof.
L.
Lapse.
(1)
Site plan approval shall lapse after two years from the final approval if a substantial use in accordance with such approved plans has not 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, within this two-year period.
(2)
In the case of plans which call for the phases of development to last more than two years, a schedule shall be included in the application, showing the proposed times within which each section of the development may be started. The proponents of a phased development shall include assurances that each phase can be brought to completion in a manner which would not result in an adverse effect upon the Town as a result of termination at that point.
M.
Compliance. Before the issuance of a permanent occupancy permit, the Planning Board's designee shall verify compliance with the approved site plan and an as-built,[2] certified by a registered professional land surveyor or engineer shall be submitted to the Planning Board and Building Inspector. The as-built plan shall attest to a development's conformity to its approved site plan by indicating landscaping, buildings, drainage flow, number of parking stalls, and limits of parking areas and drives.
[2]
Editor's Note: So in original; should be "as-built plan."
N.
Modification to approved site plan.
(1)
Any changes in the approved site plan or in the activity to be conducted on the site that would cause a change to any aspect of the previously approved plan shall be submitted to the Planning Board for review and approval. The applicant shall provide the Planning Board with:
(2)
The Planning Board will evaluate the proposed changes against its previous findings under this subsection to determine if a particular modification warrants an additional public hearing. Such a determination shall be made only after the applicant has submitted the required information to the Planning Board. A determination that a modification will not require a public hearing shall be made by a majority vote of the Planning Board at a regularly posted meeting within 21 days of receipt of the written request and plans, and only after the Planning Board has found that the proposed modification is not significant and is consistent with the previously approved site plan. A copy of the determination and revised plan shall be filed with the Town Clerk and Building Inspector.
O.
Appeals. The appeal of any decision of the Planning Board hereunder shall be made in accordance with the provisions of MGL c. 40A, § 17.
P.
Invalidity. The invalidity of any section, sentence or provision of this bylaw shall not affect the validity of any other section, sentence or provision thereof.
§ 300-2.7 Appeals.
[Amended 3-7-1959 ATM]
An appeal to the Board of Appeals as established under Chapter 300, § 300-2.3, of the Bylaws of the Town of Freetown above may be taken by any person aggrieved by reason of his inability to obtain a permit from the Board of Selectmen or its agent under the provisions of § 300-5.6 and § 300-5.2A, B, C, D, inclusive.