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Winthrop City Zoning Code

CHAPTER 17

44 - ADMINISTRATIVE PROJECT REVIEW1


Footnotes:
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Editor's note— Ord. of 7-22-14(1) , repealed and replaced ch. 17.44, §§ 17.44.010—17.44.100 in its entirety. Former ch. 17.44, pertained to site plan review and was derived from prior code § 145-78 §§ 1—9; Ord. 9/5/06 (part) and Ord. of 7-1-14(1) .


17.44.010 - Purpose of chapter.

The purpose of this chapter is to provide for a comprehensive staff review of proposed projects to ensure that the design and layout of new commercial, industrial and residential development will not be detrimental to the town's neighborhoods and environment.

( Ord. of 7-22-14(1) )

17.44.020 - Activation of the process.

A.

The building inspector shall not issue a building permit unless and until an administrative project review has been completed by the administrative project review committee (APRC) and no building permit may be issued unless in conformance with an approved site plan, except as provided in subsection (B) and Section 17.44.040. In addition, the planning board and/or the town council will require the activation of the administrative project review process for review and report of any special district or special permit zoning application. The planning board and/or town council may prescribe a different procedure as well as materials and minimum requirements for any special district or/special permit zoning application to be reviewed by administrative project review committee.

B.

Administrative project review is required for all uses allowed as of right or special permit and listed in the table of uses set out in Section 17.12.130, and for all extensions of nonconforming uses. No building permit shall be issued in any case where a building is to be erected or externally enlarged and no area for parking, loading or vehicular service shall be established or substantially changed except in conformity with a site plan bearing an endorsement of approval by the administrative project review committee. Administrative project review shall not be required in any case where a building is to be externally changed for the purpose of closing an entrance or creating a new entrance thereto and for other extension(s) to a building which in total shall not exceed one thousand two hundred (1,200) square feet of gross floor area.

( Ord. of 7-22-14(1) )

17.44.030 - Administrative project review committee—Membership.

A.

The administrative project review committee shall consist of voting members and advisory nonvoting members. The voting members shall consist of the following: the superintendent of public works, the fire chief or prevention officer, police department, the health inspector, the conservation commissioner and the chairperson or designee of the commission disabilities.

B.

The advisory nonvoting members shall consist of the following: the building inspector, the planning consultant as established by use of Chapter 44. § 53 of the M.G.L. and the town manager.

( Ord. of 7-22-14(1) )

17.44.040 - Procedure.

With each application there shall be submitted to the administrative project review committee the material required under Section 17.44.050 and as may be required under Section 17.44 060. All materials shall be submitted to the building inspector who shall time stamp the application within, then forward the application materials to the site plan review committee administrative project review committee within five days.

A.

For all new residential, commercial and industrial construction which does not exceed five thousand (5,000) gross square feet or require more than three parking spaces or an increase of ten or more parking spaces, the administrative project review committee shall schedule a meeting with the applicant, if necessary, within twenty-one (21) days of the submission of the application and report their recommendations in writing to the building inspector no later than twenty-one (21) days after the building inspector has received the application for a site plan review.

B.

For all new residential, commercial and industrial construction or expansion projects which exceed five thousand (5,000) gross square feet or require more than five parking spaces or an increase of five or more parking spaces, the administrative project review committee shall schedule a meeting with the applicant, if necessary, within twenty-one (21) days of the submission of the application, and shall report their recommendations in writing to the building inspector no later than forty-five (45) days from the submission of the application.

C.

Administrative project review committee shall render a decision to approve or approve with conditions, or disapprove if it finds that the application required for review is incomplete.

D.

The building inspector may reject the recommendations of the administrative project review committee by submitting in writing to the APRC such reasons for rejection within seven days of receipt of the committee's report. The town council and planning board may reject the recommendations of APRC by submitting in writing to the committee such reasons for rejection within twenty-one (21) days of receipt of the committee's report. Reasons for rejection of a site plan by either the building inspector or site plan review administrative project review committee must specify the areas of nonconformance with respect to the review standards outlined in Section 17.44.070.

( Ord. of 7-22-14(1) )

17.44.050 - Materials for review—Minimum requirements.

The applicant shall submit three copies of the following materials as a minimum requirement:

A.

A plot plan stamped by a registered land surveyor or professional engineer shall be provided for all projects;

B.

A site plan, stamped by a registered engineer or architect shall be required for all projects at suitable scale, but not to exceed one inch equals forty (40) feet; one and two family projects shall submit plans drawn to a scale of one inch equals twenty (20) feet. The site plans shall include methods of egress and access, and proposed parking, lot lines, existing and proposed buildings, their foundation, size, total gross floor area, building height, location of solid waste containers, existing and proposed topography (one foot contour intervals), wetlands, areas subject to the one hundred (100) year flood, surface water, drainage provisions and existing and proposed landscape features such as required screening and buffer areas, fences, walls, planting areas and walks, and existing and proposed lighting. The site plan shall show areas projected to be subject to the one-percent chance storm with two and four-tenths feet of sea level rise, along with the projected depth of flooding with two and four-tenths feet of sea level rise. Sea level rise probability and depth are show on maps dated May 1, 2022, on file with the town clerk. The site plan shall also show all contiguous land owned by the applicant or by the owners of the property that is the subject of the application and shall include the location of all easements and rights-of-way of record both public and private;

C.

A water and sewer utilities plan stamped by a registered engineer, which may be included on the site plan;

D.

A storm drainage plan, which may be included on the site plan, including design capacity and peak capacity calculations;

E.

A plan stamped by a registered surveyor or engineer showing the location of all required parking spaces, and the proposed method of access to and from the parking area, and the proposed internal circulation plan for the parking areas;

F.

A plan showing the location and number of all proposed uses, residential and commercial.

Projects under ten thousand (10,000) square feet shall only need to comply with the minimum requirements identified under subsections (A) and (B).

( Ord. of 7-22-14(1) ; Ord. of 7-19-22 )

17.44.060 - Materials for review—Required (for multifamily, commercial and industrial projects only).

The applicant shall submit one or more of the following additional materials as may be required by the APRC:

A.

Surface Water Pollution: A report on the impact of stormwater runoff on adjacent and downstream surface water bodies, subsurface groundwater and the water table.

B.

Soils: The potential dangers of erosion and sedimentation caused by the operation and maintenance of the proposed development.

C.

General Environmental Impact: A report on the relationship of the proposed development to the major botanical, geological and hydrological resources of the site, and compatibility of the proposed development with adjacent or surrounding land uses and neighborhoods. The applicant shall submit such material as may be required regarding design features intended to integrate the proposed new development into the existing landscape and environment, to enhance aesthetic assets, and to screen objectionable features from neighbors. If applicable, a shadow study and an assessment report pursuant to Chapter 21E of the M.G.L.

D.

Traffic Impact: A report on existing traffic volume, composition, peak hour levels, and existing street capacities, estimated average daily traffic generation, composition peak hour levels, and directional flows resulting from the proposed development, proposed methods to mitigate the estimated traffic impact, and the methodology and sources used to derive existing data and estimations.

E.

A plan for the control of erosion and sedimentation caused by the proposed construction.

F.

Water and Sewerage: A report on the impact of the water and sewer system.

( Ord. of 7-22-14(1) )

17.44.070 - Administrative project review committee recommendations.

The administrative project review committee shall submit its findings in writing to the building inspector after considering the following matters:

A.

Protection and enhancement of important existing site features;

B.

Protection of adjoining premises against detrimental uses by provision of surface water drainage, sound and sight buffers and preservation of views, light and air;

C.

Convenience and safety of vehicular and pedestrian movement within the site, the location of driveway openings in relation to traffic or to adjacent streets;

D.

Adequacy of the arrangement of parking and loading spaces;

E.

Adequacy of the methods of disposal of refuse and other wastes;

F.

Relationship of structures and open space to the natural landscape and existing buildings;

G.

Prevention of pollution of surface and groundwater, soil erosion, increased runoff and flooding taking into consideration projections for future sea level rise and the useful life of the structure;

H.

Protection of freshwater and saltwater wetlands;

I.

Conformance to town health and fire codes;

J.

Adequacy of project to address traffic, sewer and water impacts as well as its support and enhancement of the surrounding infrastructure;

K.

Compliance with all provisions of this title as well as compliance with all other local, state and federal permitting requirements, and code requirements.

( Ord. of 7-22-14(1) ; Ord. of 7-19-22 )

17.44.080 - Administrative project review project file and inspection reports.

Upon receiving the administrative project review committee's recommendations, the building inspector shall establish a project file for each project subject to administrative project review. Copies of all inspection reports from all pertinent town agencies, boards or commissions shall be forwarded to the building inspector and placed in such project file along with any pertinent copies of permits, inspections, and certifications made or issued by the building inspector.

( Ord. of 7-22-14(1) )

17.44.090 - As-built plans.

Before the issuance of a permanent occupancy permit, the building inspector shall require that the applicant submit two copies of "as-built-plans." One copy of such plans shall be forwarded to the administrative project review committee. As-built plans shall include the following: existing location of foundation with offsets to all front, side and rear yards with a tolerance no less than one-tenth of one foot; as-built grading and drainage plan showing grades to adjacent lots; landscaping plan; foundation elevation and elevation certificate for all properties within the one hundred-year floodplain; all utility locations and easements; parking plans and driveways; all decks, porches, accessory structures and retaining walls.

( Ord. of 7-22-14(1) )

17.44.100 - Certificate of occupancy.

No certificate of occupancy shall be issued for any structure or parcel subject to an administrative project review unless it, and all of its related facilities, substantially conforms to the approved final site plan. The applicant shall submit to the building inspector with a copy to the site plan review committee, a written certification from a registered architect, registered civil engineer, or landscape architect, preferably the one who prepared the final site plan, that the work has been completed substantially in accord with the approved final site plan. The building inspector shall deny the issuance of a certificate of occupancy if such certification and as-built plans are not provided. When the requirement for plan preparation by a registered architect, registered engineer, or landscape architect has been waived by the building inspector and administrative project review, a certificate of occupancy shall be issued only if the building inspector determines in writing to the administrative project review committee, that work has been completed substantially in conformance with the approved final site plan. As-built plans shall be filed with the administrative project review committee at least seven days prior to the issuance of an occupancy permit by the building department.

( Ord. of 7-22-14(1) )