Longmeadow City Zoning Code
ARTICLE VII
Site and Design Review
§ 315-42 Purpose.
The purpose of this article is to protect the health, safety, convenience and general welfare of the inhabitants of the Town by providing for a review of plans for uses and structures which may have significant impacts. The Planning Board shall be the reviewing authority for purposes of this article. In considering a site plan, the Planning Board shall assure that all structures and uses other than single-family dwellings are developed in a manner which considers community needs, including protection of abutting properties and visual amenities, convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas, adequacy of methods of disposal for wastes and surface drainage, and protection of environmental and historic features on the site and in adjacent areas.
§ 315-43 Applicability.
A.
Notwithstanding anything contained in this bylaw to the contrary, no construction, exterior reconstruction or exterior alteration of a structure, and no relocation or change in use of any building, structure or premises other than a single-family dwelling not within a residential development shall be allowed until the provisions of this article of the bylaw have been fulfilled. For purposes of this article of the bylaw, a "residential development" is any residential use of land made possible by the provision of adequate frontage through the subdivision of land. No permit for the construction of a single-family dwelling located within a residential development shall be granted until the Planning Board has reviewed and approved a site plan for the residential development as required by this article. A residential development shall be considered to be a single project for the purposes of site plan review.
[Amended 11-28-2006 STM by Art. 13, approved 2-12-2007]
B.
For external enlargement of less than 2,000 square feet or for any changes it judges to be insignificant, the Planning Board may waive any or all of the requirements of site plan review.
C.
Coordination with other permits:
[Added 5-9-2023 ATM by Art. 32, approved 10-2-2023]
(1)
Applicants should be aware that new development or redevelopment projects that will disturb one or more acres of land are subject to the requirements of the Town of Longmeadow's Stormwater Management and Land Disturbance Bylaw and Regulations (Chapter 295, Article V of the General Bylaws). This includes construction activities for new development or redevelopment that disturb less than one acre if that disturbance is part of a larger common plan of development or sale that all together disturbs one or more acres.
(2)
For such projects, the Planning Board encourages applicants to attend at least one pre-application concept plan meeting with the Planning and Community Development Department and Department of Public Works. The meeting is intended to provide the applicant with advice and guidance relative to the approval process; and allow the applicant, Planning and Community Development Department, and Department of Public Works to have a preliminary conversation about the site, stormwater management and erosion control considerations, and concept plan. For this meeting, preparation of an existing resources/site analysis map, a soils map, and a voluntary sketch plan are all recommended. This concept plan meeting with Town staff shall precede the site plan review procedure described hereunder.
§ 315-44 Content of plan.
A.
A site plan shall be prepared by a registered professional engineer and/or a registered land surveyor at a scale of one inch equals 20 feet or such scale as may be approved by the Planning Board on standard 24 inch by 36 inch sheets and continuation on 8 1/2 inch by 11 inch sheets as necessary for narrative. The site plan shall include:
(1)
Name of the project, locus, boundaries, date and scale of the plan.
(2)
Name and address of the record owner, developer, and seal of the engineer or surveyor.
(3)
Names and addresses of all record owners within 300 feet of the property lines.
(4)
All existing lot lines, easements, rights-of-way, size in acres or square feet, abutting land uses and location and use of structures within 300 feet of the site.
(5)
The location and uses of all existing and proposed buildings and structures within the site plan, including dimensions, height and architectural elevations, and showing exterior entrances, exits and all anticipated future additions or alterations. The requirements of this subsection do not apply to residential developments.
(6)
Location of all present and proposed public and private ways, parking areas, driveways, sidewalks, ramps, curbs, fences, buffers for screening purposes, paths, landscaping, lighting fixtures, planting areas, walls, signs, service areas, refuse and other waste disposal containers. The proposed landscape features and improvements shall be designed in conformance with landscaping requirements as specified in this bylaw.
[Amended 5-9-2023 ATM by Art. 32, approved 10-2-2023]
(7)
Location of all present and proposed utility systems, including sewage or septic system, water supply system, existing and proposed surface and subsurface drainage systems, telephone cable and electric lines. Storm drainage system will include existing and proposed drain lines, culverts, drainage swells, catch basins, walls, end walls, hydrants, manholes, channels, and subdrainage, along with soil logs, percolation tests when necessary, and drainage calculations.
(8)
The applicant shall submit stormwater management and erosion and sediment control plans to prevent the pollution of surface water or groundwater, erosion of soil both during and after construction, excessive runoff of precipitation, excessive raising or lowering of the water table and flooding of other properties. The plan must be submitted to the Department of Public Works for input prior to Planning Board review. Unless infeasible, all drainage systems shall be designed and constructed to incorporate the most recent low-impact development and stormwater management design standards, best practices, policies and design elements.
No person may initiate a construction activity or land disturbance, including clearing, grubbing, land grading, earth moving, or other development or redevelopment activities that result in the disturbance of land in excess of the thresholds described in Chapter 295, Article V of the Code of the Town of Longmeadow, and the associated rules and regulations, without approval or waiver of the requirement for a Land Disturbance Permit by the Town's Stormwater Authority. No work shall commence on the construction of an approved site and design plan until a Land Disturbance Permit has been approved and issued. Wherever possible the proposed drainage system shall be designed to utilize, and be compatible with, the existing drainage patterns and existing natural features of the site.
[Amended 5-9-2023 ATM by Art. 32, approved 10-2-2023]
(9)
Existing and proposed topography at a two-foot contour level. Sufficient information to indicate areas in the site and within 50 feet of the site where gravel removal or filling is proposed and the approximate volume in cubic yards. All elevations shall refer to the nearest United States Coastal and Geodetic bench mark.
(10)
A landscape plan showing all existing natural land features, existing scenic areas and historic features, such as stands of trees and wooded areas, large trees (with a minimum diameter of eight inches measured at 4.5 feet DBH [diameter at breast height], watercourses and wetlands, existing stone walls, fences, buildings, floodplains, and rock outcroppings. The landscape plan will depict all proposed changes to these features. Water courses will include ponds, lakes, brooks, streams, wetlands, floodplains, and drainage retention areas.
[Amended 5-9-2023 ATM by Art. 32, approved 10-2-2023]
(11)
Zoning district boundaries within 500 feet of the site's perimeter shall be drawn and identified on the plan. Floodplain boundaries and the square feet within this district shall be shown.
(12)
Drawings of existing and proposed business signs and traffic signs located on the site and within 100 feet of the site, and the size, dimension, height, color and illumination of all signs.
(13)
At its discretion, the Planning Board may commission an independent traffic study, to be paid for by the applicant, which shall include:
[Amended 6-23-2020 ATM by Art. 34, approved 10-19-2020]
(a)
Traffic flow patterns within the site, egresses and entrances, loading and unloading areas, and curb cuts on site and within 100 feet of the site.
(b)
Traffic impact: The projected number of motor vehicle trips to enter or depart from the site shall be estimated for daily hour and peak hour traffic levels.
(c)
A projected traffic flow pattern for both vehicular and pedestrian access shall be described and related to the site plan, including vehicular movements at all major intersections likely to be affected by the proposed use of the site.
(d)
The impact of this traffic upon existing abutting public and private ways in relation to road capacities. Existing and proposed daily hour and peak hour traffic levels will be given and road capacity levels.
(e)
As a result of Subsection A(13)(a) through (d) above, the Planning Board may request a plan to implement the improvements needed to provide for the free flow of traffic in areas surrounding the site and identified by the Planning Board as impacted by the proposed uses.[1]
[1]
Editor's Note: Former Subsection A(14), regarding a plan for control of erosion, dust, and silt, which immediately followed this subsection, was repealed 5-9-2023 ATM by Art. 32, approved 10-2-2023. This article also renumbered former Subsection A(15) through A(17) as Subsection A(14) through A(16).
(14)
A lighting plan for all proposed exterior lighting.
(15)
For a locus in the Historic District, the applicant shall submit a plan showing all existing historic buildings within 1/4 mile of the locus with sufficient information to allow the Historic District Commission and the Planning Board to determine the impact of the project on the Historic District.
(16)
For alterations to any existing or new professional/business/commercial uses a table containing the following:
B.
The Planning Board shall have the right to waive or modify any of the above items where there are unique site conditions, or request any additional data it should need to render its decision. A vote of four members of the Planning Board is required to waive any of the site plan items.
C.
Site and design review shall be used to judge the appropriateness and impacts of the site development characteristics of a proposed project.
§ 315-45 Procedure.
A.
An applicant for site and design review under this article shall file with the Planning Board at a regularly scheduled meeting seven copies each of an application and a site plan. A copy of the application shall be given to the Town Clerk by the applicant.
B.
The Planning Board shall transmit to the Town Engineer, Conservation Commission, Board of Health, Building Commissioner, Fire Chief, Historic Commission and other boards as deemed necessary copies of the application and site plan. The boards, commissions and individuals shall have up to 45 days to make recommendations to the Planning Board. Failure to report in the allotted time shall constitute approval by that board, commission or individual of the application submitted. Where variances are needed for a project that requires site and design review, the project shall be presented to the Planning Board as stipulated herein, and the Planning Board shall forward all materials to the Zoning Board of Appeals with its comments. If any of the above-named boards, commissions or individuals shall require one or more special studies to evaluate a site plan, the board, commission or individual shall transmit a request to the Planning Board, which shall order such special study or studies to be done.
C.
The applicant shall submit a filing fee established by the Planning Board and pay any expenses connected with the public hearing and review of the plan. In addition to the filing fee, the applicant shall be responsible for the cost of any special studies ordered by the Planning Board pursuant to Subsection B.
[Amended 10-25-2022 STM by Art. 25, approved 3-29-2023]
D.
Any person proposing a development may, at such person's election, combine the process of the site plan review under this article of the bylaw with any review by the Planning Board required under the Subdivision Control Law.[1] The applicant shall make such request in writing upon the submission of a proposed definitive plan of subdivision to the Planning Board. Such written request shall include a request to extend the definitive plan review process for an additional 95 days. Upon such request, the Planning Board shall, for the purposes of review, treat the residential development and the definitive plan of subdivision as a unified submission under this article and the Subdivision Control Law. The Planning Board shall hold a hearing for such submission pursuant to Article VI of this bylaw. Persons proposing a residential development who do not elect to make a unified submission must satisfy individually this article's requirements and the requirements under the Subdivision Control Law.
[Amended 10-25-2022 STM by Art. 25, approved 3-29-2023]
E.
The Planning Board shall hold a public hearing within 65 days of receipt of an application, as provided in MGL c. 40A, §§ 9 and 11, and in Article VI of this bylaw relating to special permit procedures. Notice of the public hearing shall be given by publication in a newspaper of general circulation in the Town, once in each of two successive weeks, the first publication to be not less than 14 days before the date of such hearing and by mailing notice of the hearing, postage prepaid, to parties in interest as provided in MGL c. 40A, § 11. Parties in interest shall include the applicant, owner of the property if other than the applicant, abutters, owners of land directly opposite on any public or private street or way and owners of land within 300 feet of the property line, as they appear on the most recent applicable tax list.
[Amended 10-25-2022 STM by Art. 25, approved 3-29-2023]
F.
An application for a Stormwater Management and Land Disturbance Permit, in accordance with Chapter 295, Article V of the Code of the Town of Longmeadow, along with all required plans and supporting information and documentation, must be included as part of the submission for a definitive subdivision plan. No work shall commence on the construction of a definitive subdivision plan until a Stormwater Management and Land Disturbance Erosion and Sediment Control Permit has been approved and issued.
[2]
Editor's Note: This article also redesignated former Subsection F as Subsection G.
§ 315-46 Review criteria; design guidelines.
The following criteria and guidelines shall be used by the Board in evaluating the site plan and all information submitted as part of the application.
A.
General.
(1)
Conformance with all appropriate provisions of the Zoning Bylaw.
(2)
Protection of Town amenities and abutting properties through minimizing detrimental or offensive actions.
(3)
Protection of abutting properties from detrimental site characteristics.
(4)
Preservation of character of the neighborhood and community.
(5)
Control of density.
(6)
Preservation of open space.
(7)
Appropriateness of the size, dimension, height, color and illumination of all signs.
B.
Environmental.
(1)
Protection of unique or significant environmental, historic or scenic features of Longmeadow.
(2)
Adequacy of proposed methods of refuse disposal.
(3)
Ability of proposed sewage disposal and water supply systems within and adjacent to the site to serve proposed use.
(4)
Adequacy of the proposed drainage system within and adjacent to the site to handle the increased runoff resulting from the development.
(5)
Provision of adequate landscaping with appropriate species, including the screening of adjacent residential uses, provisions of street trees, landscape islands in the parking lot and a landscape buffer along the street frontage. Appropriate vegetation are species adapted to site conditions, localized climate, and design intent. The following attributes should be considered in determining whether plants are appropriate for the site: cold hardiness, heat tolerance, salt tolerance, soil moisture range, plant water use requirements, soil volume requirements, soil pH requirements, sun and shade requirements, pest susceptibility, and maintenance requirements. Native and nonnative plants are appropriate if they meet the above criteria.
[Added 5-9-2023 ATM by Art. 32, approved 10-2-2023]
(6)
Adequacy of the soil erosion plan and any plan for protection of steep slopes, both during and after construction. The removal of native topsoil and compaction of topsoil and subsoil shall be avoided in accordance with the requirements of the Town of Longmeadow's Stormwater Management Bylaw and Stormwater Management and Land Disturbance Permit rules and regulations.
[Added 5-9-2023 ATM by Art. 32, approved 10-2-2023]
(7)
Protection of adjacent properties by minimizing the intrusion of lighting, including parking lot and building exterior lighting, through the use of cutoff luminaires, light shields, lowered height of light poles, screening or similar solutions.
(8)
Protection from flood hazards, considering such factors as elevation of buildings, drainage, adequacy of sewage disposal, erosion and sedimentation control, equipment location, refuse disposal, storage of buoyant material, extent of paving, effect of fill, roadways or other encroachment of flood runoff and flow, storage of chemicals and other hazardous substances.
C.
Design.
(1)
The development shall be reasonably consistent with respect to setbacks, placement of parking, landscaping and entrances and exits with surrounding buildings and developments.
(2)
Building sites shall avoid, to the extent feasible, impact on steep slopes, floodplains, scenic views, grade changes and wetlands.
(3)
If there is more than one building on the site, the buildings shall relate harmoniously to each other in architectural style, site location and building exits and entrances.
(4)
Screening shall be provided for storage areas, loading docks, dumpsters, rooftop equipment, utility buildings, and similar features.
D.
Traffic/parking.
(1)
The site shall be designed in compliance with the standards set forth in § 315-51 of this bylaw (Parking space and area design requirements) and to provide for the convenience and safety of vehicular and pedestrian movement both within the site and in relation to adjoining ways and properties.
[Amended 10-25-2022 STM by Art. 25, approved 3-29-2023; 5-9-2023 ATM by Art. 32, approved 10-2-2023]
(2)
The location and number of curb cuts shall be such to minimize turning movements, and hazardous exits and entrances.
(3)
The location and design of parking spaces, drive aisles, loading areas and sidewalks shall be provided in a safe and convenient way.
(4)
An adequate number of parking spaces shall be required.
(5)
Provision for access to adjoining properties shall be provided as appropriate.
(6)
Joint access driveways between adjoining properties shall be encouraged.
(8)
When a traffic impact report is required, the proposed development shall comply with the following standards:
(a)
Level of service (LOS) at nearby intersections shall not be degraded more than one level as a result of traffic by the proposed development, nor shall any nearby intersection degrade below the Level of D.
(b)
Adjacent streets shall not exceed design capacity at the peak hour as a result of traffic generated by the proposed development.
(c)
Safety hazards shall not be created or added to as a result of traffic generated by the proposed development.
(d)
If any of the standards in § 315-46D(8)(a) through (c) are violated, the applicant shall provide alternative proposals to meet the standards, including but not limited to: reduction in the size of the development, change in proposed uses on the site, contributions to off-site street and intersection improvements or construction of off-site street and intersection improvements.
§ 315-47 Planning Board decision.
A.
The concurring vote of four of the five members of the Board shall be required for any decision on a site plan application. The Board's written decision shall consist of either:
(1)
Approval of the site plan based on a determination that the proposed project meets all of the requirements of § 315-46.
(3)
Approval of the site plan subject to conditions, modifications and reasonable restrictions necessary to ensure compliance with the requirements of § 315-46. Such conditions may include the following:
B.
The Planning Board shall render a decision within 90 days following the public hearing and shall file its written decision with the Town Clerk's office and other appropriate parties in accordance with the provisions of Chapter 40A of the General Laws.
C.
For the purpose of securing the performance of all proposed work, including landscaping and off-site improvements, the Board may require any of the following: a performance bond, deposit of money, bank passbook, or letter of credit in an amount and form determined by the Board to be sufficient to cover the cost of all or any part of improvements required.
D.
Any site plan approval granted under this article shall expire in two years if substantial construction has not begun by such date.
§ 315-48 Rules and regulations.
The Planning Board may, after a public hearing, adopt and periodically amend or add rules and regulations relating to the procedures and administration of this article and shall file a copy of said rules with the Town Clerk.