§ 235-16.1. Site plan review., Article V. Use Regulations, Chapter 235. Zoning, Part II. General Legislation, Code of Ordinances, Melrose

Purpose and intent. The purpose of this section is to ensure that the design and layout of new commercial, industrial and multifamily development will not be detrimental to surrounding land uses. The intent of the site plan review process is to regulate, rather than prohibit, uses through reasonable conditions which may be imposed by the Melrose Planning Board (Site Plan Review Committee, SPRC) concerning location of buildings, signs, open space, landscaping, parking areas, access and egress, drainage, sewage, water supply, and public safety.

Applicability.

(1)

A site plan review is required for all new commercial and industrial uses. New multifamily uses consisting of four or more units shall also require a site plan review, as shall any extension in excess of 2,500 square feet of an existing industrial, commercial, or multifamily use.

(2)

Construction or expansion of a parking lot for a municipal, institutional, commercial, industrial, or multifamily structure or purpose shall also require a site plan review.

(3)

In the instance where a project is to be phased, or where property abutting the proposed development can be used in a similar fashion and is held by a related entity, or where a development proposal is an extension of an abutting development built within the previous five years and held by a related entity, the total development capacity of all parcels shall be considered for purposes of determining applicability for site plan review.

(4)

The provisions of this section shall not apply to a development which has been scrutinized from a design perspective by the Design Review Subcommittee and received a special permit or variance from the relevant permit granting authority at the time of adoption of this section, nor to any such development which is subsequently modified in accordance with the provisions of this chapter, provided that such design review provisions remain substantially unchanged as a result of any such modification.

(5)

The provisions of this section shall not apply to marijuana-related uses which require a special permit from the Planning Board pursuant to §§ 235-73.3 and 235-73.4.

[Added 8-21-2017 by Ord. No. 2017-129; amended 3-18-2019 by Order No. 2019-31]

Relationship to the building permit.

(1)

The Building Inspector shall not issue a building permit unless and until a site plan review has been obtained and a letter to that effect with or without site plan conditions has been forwarded to the Building Inspector by the SPRC. The conditions shall become conditions of the building permit and shall be met prior to the issuance of a permanent occupancy permit. No material deviation from an approved site plan shall be made without approval from the Site Plan Review Committee. If any particular condition of the plan is found to not comply with City or state codes, all remaining conditions shall remain applicable.

(2)

Before issuing a permanent occupancy permit, the Building Commissioner shall require that the applicant provide to the Building Commissioner two sets of as-built site drawings and exterior elevations. One copy shall be forwarded to the SPRC; the other copy shall remain on file in the Inspectional Services Department.

(3)

Developments required to undergo a site plan review process in accordance with this section shall not be required to obtain a special permit for more than four accessory parking spaces under the Table of Use and Parking Regulations, Accessory Use No. 18.

Editor's Note: The Table of Use and Parking Regulations is included as an attachment to this chapter.

Site plan submission criteria.

(1)

The applicant shall submit 14 copies of a site plan proposal. Dimensions and scales of the plan shall be adequate to determine that all requirements are met and to make a complete analysis and evaluation of the proposal. The site plan review application materials shall be submitted to the Office of Planning and Community Development (OPCD). The site plan review application materials will be reviewed for completeness within seven days and returned to the applicant. The application materials may then be submitted to the City Clerk to be time stamped and filed.

(2)

The OPCD shall transmit nine copies of said application to the SPRC, one copy to City Clerk to be filed, one copy each to the City Engineer, Board of Health, and the Building Commissioner, and one copy will be available in OPCD for review by the City Planner, Fire Chief, Police Chief, and Conservation Commission. All departments shall report their comments, conditions, remedial measures and recommendations, in writing, to the SPRC within 30 days. Any department that does not respond within 30 days will be deemed to have waived any objection to the application. A copy of the executive summary shall be transmitted to the Mayor, School Department and the City Solicitor.

(3)

At a minimum, the submittal materials shall include the following items as applicable:

(a)

An executive summary generally describing the nature and location of the project, including parking and loading, traffic flow and circulation, projected traffic volumes and impact, external lighting, landscaping and screening, utilities and protection and/or enhancement of existing natural areas.

(b)

Parcel lot lines for the proposed project and surrounding parcels.

(c)

Height and use of all buildings abutting the proposed project, including a building or buildings directly across from the proposed project but separated by a public or private right-of-way.

(d)

Proposed parking plan including location of access and egress.

(e)

Estimated average daily traffic and peak hour traffic to be generated by the proposal.

(f)

Level of service analysis for nearby intersections.

(g)

Transportation management plan (TMP), including policies for parking management, transit promotion, bicycle storage, pedestrian safety and car sharing. The TMP shall explain the long-term management and enforcement of the TMP components.

(h)

Location of existing and proposed buildings on the project site.

(i)

Rendering of all facades of proposed buildings.

(j)

Handicapped access provisions.

(k)

Foundation lines of the proposed buildings, gross floor area, and building height.

(l)

Location of solid waste containers and the nature of any required screening.

(m)

Existing and proposed topography and the location of all natural features such as wetlands, streams, water bodies, and exposed bedrock to be removed, if any.

(n)

Areas subject to a one-hundred-year flood, if any.

(o)

Provisions for drainage and sewage.

(p)

Provisions for the protection of abutting properties during construction, and site excavation, demolition, blasting, and site reclamation plans if appropriate.

(q)

Proposed landscaping, including all screening and buffering of adjacent residential areas.

(r)

Provisions for fencing, walls, and the existing and proposed lighting.

(s)

Location, material, and size of all signs.

(t)

The location, materials and dimensions of loading areas, walkways and driveways.

(4)

Plans shall be prepared by a registered professional engineer, registered land surveyor, architect, or landscape architect, as appropriate. Any of the requirements of a site plan review application may be waived by majority vote of the SPRC.

(5)

When a proposal requires site plan review as well as a special permit and/or variance, the applicant may elect the order for pursuing the requirements. 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.

Site plan review criteria. The SPRC shall at a minimum review all site plans for the following and shall find that the following criteria are fulfilled:

(1)

Consistency with the design, character, and scale of the surrounding area.

(2)

Consistency with all sign, design, landscaping, lighting, buffering, and public safety requirements and standards established by City of Melrose departments.

(3)

Protection and enhancement of important existing natural, historic or scenic site features.

(4)

Protection of adjacent properties and surrounding areas from detrimental impacts during and after construction, including but not limited to air and water pollution, flood, noise, odor, dust, vibration, and lighting.

(5)

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

(6)

Adequacy and arrangement of parking spaces, bicycle racks, internal ways, loading areas, and sidewalks, and the ability of the site plan to accommodate parking in areas other than the front of the building.

(7)

Adequacy of the local streets to accommodate the traffic generated by the proposed use. When a level of service (LOS) analysis is required to make this determination, 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 generated by the proposed development, nor shall any nearby intersection degrade below the level of D. Intersections with an existing LOS of E or F shall not result in increased delay time or be made worse.

(b)

Safety hazards shall not be created, added to, or exacerbated as a result of traffic generated by the proposed development.

(c)

If any of the standards in Subsection E(7)(a) and (b) above 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 the proposed uses on the site, contributions to off-site street and intersection improvements or construction of off-site street and intersection improvements.

(8)

Adequacy of sewerage and water supply systems within the site to serve the proposed use without overloading the municipal systems to an extent that the health, safety or general welfare of residents of the City is put at risk.

(9)

Adequacy of proposed methods of refuse disposal and storage.

(10)

Adequacy of snow management, including removal or on-site storage.

(11)

Adequacy of soil erosion plan and the plan for protection of steep slopes, both during and after construction.

(12)

Stormwater management.

(a)

Stormwater systems shall be designed to protect the public and environment from flooding, siltation, pollutants and related drainage impacts and shall conform to the applicable performance standards included in the Massachusetts Department of Environmental Protection Stormwater Management Policy or any successor legislation.

(b)

Stormwater systems shall be designed to use low-impact design (LID) methodologies to mitigate drainage impact. Low-impact design (LID) methodologies may include porous pavements, bioretention cells, infiltration trenches, rainwater collection cisterns and other design methods that maximize the use of landscaped areas for stormwater control and promote the reuse of runoff.

(c)

Stormwater flood mitigation shall be provided through the use of best management practices (BMPs) to further reduce the frequency and intensity of flooding otherwise generated at the proposed site. To the extent practicable, BMPs shall be sized to capture, retain, and percolate to ground all runoff from impermeable surfaces generated by the five-year, twenty-four-hour storm event. Preferred BMPs shall include, but not be limited to, constructed wetlands, pocket wetlands, rain gardens, vegetated swales, retention/detention ponds, and subsurface leaching systems.

(13)

Adequacy of landscaping, including the screening of adjacent residential uses, street trees, landscape islands in any parking lots and landscape buffers along the street frontage.

(14)

Adequacy of screening for storage areas, loading docks, dumpsters, rooftop equipment, utility buildings and similar features.

Site Plan Review Committee; composition. The Site Plan Review Committee (SPRC) shall be the Melrose Planning Board.

Review schedule. The SPRC shall open a public hearing on the application no later than 65 days after the application materials have been filed with the City Clerk. Notice of such public hearing shall be provided as required by MGL c. 40A, § 11. The decision of the SPRC shall be made within 35 days of the close of the public hearing. The required time limits for a public hearing and decision may be extended by written agreement between the applicant and the SPRC. For new renewable and alternative energy research and development establishments permitted in the industrial districts, the decision of the SPRC shall be made within one year from the date of filing the site plan review application with the City Clerk. The decision of the Site Plan Review Committee shall be upon a concurring vote of the majority of SPRC members and shall be in writing. The SPRC may approve the application as submitted, approve subject to modifications or conditions, or deny the application. A written decision setting forth the record of the proceedings, the vote of each member and the reasons for the decision shall be filed in the office of the City Clerk within 14 days. In the event of a denial, the application and site plan may be resubmitted if the reasons for the denial are remedied. Failure by the SPRC to take action within 35 days of the close of the public hearing or within the agreed upon extended time or within one year of filing a completed site plan review application in the case of a new renewable or alternative energy research and development establishment permitted in the industrial districts shall be deemed an approval of the site plan. The City Clerk shall issue a certificate stating the date of the public hearing and the fact that the SPRC failed to take final action and the date of the approval resulting from such failure.

Expiration of site plan approval. Site plan approval shall lapse after two years from the grant thereof if a substantial use thereof has not sooner commenced. Such approval may, for good cause, be extended in writing by the Planning Board upon the written request of the applicant.

Appeals. The applicant or any aggrieved person may appeal any or all conditions of a site plan review to the Melrose Board of Appeals pursuant to MGL c. 40A, § 8, and § 235-60C(1)(a) of this chapter.