HomeMy WebLinkAbout2015-11-13 Comprehensive Permit Rules & RegulationsTOWN OF NANTUCKET ZONING BOARD OF APPEALS
COMPREHENSIVE PERMIT RULES AND REGULATIONS / 7
Section
1.00 Purpose and Context
2.00 Definitions
3.00 Filing, Time Limits, and Notice
4.00 Review of Applications and Review Fee
5.00 Public Hearing and Decision
6.00 Changes in Application
7.00 Appeals
1.00: Purpose and Context
These Rules establish procedures for an application to the zoning board of appeals for
comprehensive permits granted under M.G.L. c. 40B, §§ 20 -23 and the regulations
promulgated thereunder. They are required by M.G.L. c. 40B, §21 and by 760 CMR
56.00, to facilitate the development of affordable housing in Massachusetts.
These Rules alone are not sufficient to describe comprehensive permit procedures before
the zoning board of appeals. They must be read in conjunction with and implemented in a
manner consistent with G.L. c. 40B, § §20 -23. In addition, the Board's general Rules for
conduct of hearings under M.G.L. c. 40A apply to comprehensive permit applications. In
case of inconsistency or conflict between those general Rules for conduct and these
Rules, these Rules shall govern.
2.00: Definitions
(a) Board means the zoning board of appeals established under M.G.L. c. 40A, § 12.
(b) Local board means any local board or official, including, but not limited to any board
of survey; board of health; planning board; conservation commission; historical
commission; water, sewer, or other commission; fire, police, traffic, or other department;
building inspector or similar official or board; board of selectmen.
(c) Limited Dividend Organization means any applicant which proposes to sponsor
housing under M.G.L. c. 4013; and is not a public agency; and is eligible to receive a
subsidy from a state or federal agency and which agrees to limit the dividend on its actual
invested equity to the maximum amount allowed by the applicable statute or regulations
governing the pertinent housing program (see Section 3.01(i)).
3.00: Filing, Time Limits, and Notice
3.01: The application for a comprehensive permit shall consist of.
(a) preliminary site development plans showing the locations and outlines of proposed
buildings; the proposed locations, general dimensions and materials for streets, drives,
TOWN OF NANTUCKET ZONING BOARD OF APPEALS
COMPREHENSIVE PERMIT RULES AND REGULATIONS
parking areas, walks and paved areas; and proposed landscaping improvements and open
areas within the site. An applicant proposing to construct or rehabilitate four or fewer
units may submit a sketch of the matters in sections 3.01(a) and 3.01(c), below, which
need not have an architect's signature. All structures of five or more units must have site
development plans signed by a registered architect;
(b) a report on existing site conditions and a summary of conditions in the surrounding
areas, showing the location and nature of existing buildings, existing street elevations,
traffic patterns and character of open areas, if any, in the neighborhood. This submission
may be combined with that required in section 3.01(a), above;
(c) preliminary, scaled, architectural drawings. For each building the drawings shall be
signed by a registered architect, and shall include typical floor plans, typical elevations,
and sections, and shall identify construction type and exterior finish;
(d) a tabulation of proposed buildings by type, size (number of bedrooms, floor area) and
ground coverage, and a summary showing the percentage of the tract to be occupied by
buildings, by parking and other paved vehicular areas, and by open areas;
(e) where a subdivision of land is involved, a definitive subdivision plan, conforming to
all of the requirements of the Planning Board's Rules and Regulations for the Subdivision
of Land;
(f) a utilities plan showing the proposed location and types of sewage, drainage, and
water facilities, including hydrants. Adequate supporting information, including pre -
construction and post - construction drainage calculations and soil test results (which result
shall have been witnessed by an appropriate and qualified Town Official or a qualified
Town consultant) shall be provided to demonstrate that the proposed drainage system
shall meet all Stormwater Management Guidelines promulgated by the Massachusetts
Department of Environmental Protection, or best management practices, whichever is
more stringent and shall result in no net increase in the rate or volume of stormwater
runoff,
(g) a Project Eligibility Letter that satisfies all of the requirements of 760 CMR 56.
(h) a list of requested exceptions to local requirements and regulations, including local
codes, ordinances, by -laws or regulations.
(i) a complete copy of any and all materials and applications submitted by the applicant
to any prospect subsidizing agency or source, including, but not limited to applications
for site approval.
0) a list of each member of the development and marketing team, including all
contractors and subcontractors, to the extent known at the time of application. The
Applicant shall also be required to disclose its relationship to all such entities.
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TOWN OF NANTUCKET ZONING BOARD OF APPEALS
COMPREHENSIVE PERMIT RULES AND REGULATIONS
(k) a list of all prior development project completed by the Applicant, along with a brief
description of each such project.
3.02: The application shall be accompanied by a filing fee based upon
the number of proposed housing units of:
(a) for Limited Dividend Organizations - $1000 flat fee plus $50.00 per unit
(b) for Non - Profit Organizations - $1000 flat fee plus $25.00 per unit
(c) for Public Agencies and Local - $0
3.03: Within seven days of filing of the application, the Board shall notify each local
official of the application by sending such official a copy of the list required by § 3.01(h),
above, as well as any other information that will enable such local official to assess the
proposed project. Based upon that information, it shall also invite the participation of
each local official who has a substantial interest in the application by providing such
official with a copy of the entire application. In order to allow review by local officials,
the Applicant shall provide the Board with twenty -five copies of the completed
application, so that all boards, officials and departments may review the same; and one
unbound copy for copying purposes. The Applicant shall provide an electronic copy of
the plans, so that the plans can be distributed electronically. Additionally an 11 "x17"
copy of all plans (with matchlines) shall be made available to the Board for copying
purposes.
4.00: Review Fees
4.01: When reviewing an application for, or when conducting inspections in relation to, a
comprehensive permit application, the Board may determine that the assistance of outside
consultants is warranted due to the size, scale or complexity of a proposed project, because of
a project's potential impacts, or because the Town lacks the necessary expertise to perform
the work related to the comprehensive permit application. Whenever possible, the Board
shall work cooperatively with the applicant to identify appropriate consultants and to
negotiate payment of the consultant fees. Alternatively, the Board may, by majority vote,
require that the applicant pay a reasonable "project review fee" of a sufficient sum to enable
the Board to retain consultants chosen by the Board alone. The Board may require that an
Applicant deposit a lump sum in order to retain consultants. In the event that such sum is
insufficient to fund the necessary consulting services, the Board may require additional
deposits.
4.02: In hiring outside consultants, the Board may engage engineers, scientists, financial
analysts, planners, lawyers, urban designers or other appropriate professionals who can assist
the Board in analyzing a project to ensure compliance with all relevant laws, ordinances, and
regulations. Such assistance may include, but not be limited to, analyzing an application,
TOWN OF NANTUCKET ZONING BOARD OF APPEALS
COMPREHENSIVE PERMIT RULES AND REGULATIONS
monitoring or inspecting a project or site for compliance with the Board's decision or
regulations, or inspecting a project during construction or implementation.
4.03: Funds received by the Board pursuant to this section shall be deposited with the
municipal treasurer who shall establish a special account for this purpose, consistent with the
terms and provisions of G.L. c. 44, §53G. Expenditures from this special account may be
made at the direction of the Board without further appropriation. Expenditures from this
special account 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.
Accrued interest may also be spent for this purpose. Failure of an applicant to pay a review
fee shall be grounds for denial of the comprehensive permit application.
4.04: 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 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.
4.05: 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 Board has mailed or hand - delivered notice to the
applicant of the selection. The grounds for such an 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.
5.00: Public Hearing and Decision
5.01: The Board shall open the public hearing on the application within thirty days of its
receipt of an application, but opening the hearing shall not waive its right to contest the
completeness of the application not shall a constructive grant result if the Board does not
open the hearing within 30 days if the application is not complete. To be deemed
complete, the application must include all of the information detailed above. The Board
may request the appearance at the hearing of such representatives of local officials as it
considers necessary or helpful in reviewing the application. In making its decision, the
Board shall take into consideration the recommendations of local officials.
5.02: The Board shall render a decision, based on a majority vote of the Board, within
forty days after termination of the public hearing, unless such time period is extended by
written agreement of the Board and the applicant. The hearing is deemed terminated
when all public testimony has been received and all information requested by the Board
has been received.
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TOWN OF NANTUCKET ZONING BOARD OF APPEALS
COMPREHENSIVE PERMIT RULES AND REGULATIONS
5.03: The Board may dispose of the application in the following manner:
(a) approve a comprehensive permit on the terms and conditions set forth in the
application,
(b) deny a comprehensive permit in the event that the proposed project presents adverse
impacts to local concerns that outweigh the community's housing needs, or
(c) approve a comprehensive permit with conditions, including but not limited to the
number of permitted housing units, the height, size, shape or general appearance of the
proposed buildings, the configuration of the site plan, and any other reasonable condition
that is necessary to address local concerns while not rendering the construction or
operation of such housing uneconomic. In order to assist the Board with determining the
permissible extent of conditions, the Board may require that the Applicant provide a
revised pro -forma at the Board's request, during the latter stages of the public hearing
after the parties have had an opportunity to review the proposed project and any revisions
thereto.
5.04: It shall be the applicant's burden to demonstrate that the waiver of any particular
local regulation, by -law or ordinance is necessary in order to maintain the project's
economic viability. There shall be a presumption that the waiver of any local by -law,
ordinance or regulation will adversely affect local concerns.
6.00 Changes in Application
6.01: In the event that, during the public hearing, the Applicant proposes any change in
the Application or project plans that, in the Board's discretion, constitutes a material or
substantial change, the Applicant shall forthwith notify its designated subsidizing agency.
6.02: In the event of material or substantial changes, the Board may request, and the
Applicant shall provide, any and all information specified in Section 3.00 hereof that is
deemed by the Board to be necessary to evaluate such changes.
6.03: In the event of a material or substantial change, any and all plans and supporting
information shall be provided to all of the local entities identified in Section 3.03, above.
6.04: If the Applicant submits a revised plan for the Board's consideration and said plan
is the plan that is the subject of the Board's hearing and deliberation, then the Application
shall be deemed to be revised, subject to the foregoing provisions.
7.00: Appeals
7.01: If the Board approves the comprehensive permit, any person aggrieved may appeal
within the required time period as provided in M.G.L. c. 40A, § 17.
TOWN OF NANTUCKET ZONING BOARD OF APPEALS
COMPREHENSIVE PERMIT RULES AND REGULATIONS
7.02: If the Board denies the comprehensive permit or approves the permit with
conditions or requirements considered by the applicant to be unacceptable, the applicant
may appeal to the Housing Appeals Committee as provided in M.G.L. c. 40B,
§ 22 or M.G.L. c.40A, § 17, as appropriate.
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Nantucket zoning Board of Appeals
On November 12, 2015, at a regularly scheduled and posted meeting and as duly advertised and
noticed, the Nantucket Zoning Board of Appeals held a public hearing and considered the
"Town of Nantucket Zoning Board of Appeals Comprehensive Permit Rules and
Regulations" and then voted 5 to 0 to CLOSE the public hearing and voted 5 to 0 to
APPROVE and ADOPT the said regulations, in accordance with G.L. c.40B and Nantucket
Code Chapter 2 and directed that the regulations as approved and adopted shall be published in
accordance with Code Chapter 2, §2 -6, of the Nantucket ADMINISTRATIVE PROCEDURES
By -law which provides as follows:
2 -6 Filing of copies of regulations; publication required; effective date of
regulations.
In addition to any requirements imposed by law, after taking action for the adoption, amendment or
repeal of any regulation but before the effective date thereof, the board, commission, agency or
instrumentality so acting shall file a copy thereof with the Town Clerk and shall publish such regulation as
so adopted, amended or repealed in a newspaper having general circulation within the Town of
Nantucket_ Regulations, other than emergency regulations, shall become effective only when published in
accordance with this section or, in the case of any regulation as to which a later effective date is required
by law or is specified in such regulation, then upon such later date or upon such publication, whichever
last occurs_
The effec 've ate of these regulations shall be November 19, 2015, the of publication in
the I r Mirror, a copy of which notice is attached herewith .
and i otticelli
Mic ael J. O' ara S n C
Perim Koseata
COMMONWEALTH OF MASSACHUSETTS
County of Nantucket, ss
On the 12t11 day of November 2015, before me, the undersigned notary public, personally appeared
Edward Toole, one of the above -named members of the Zoning Board of Appeals of Nantucket,
Massachusetts, personally known to me to be the person whose name is signed on the preceding
docum t, and acknowledged t he signed the foregoing instrument voluntarily for the purposes
therein pressed.
DORIS C. STRANG
Notary Public
ffici 1 Signature and Seal of Notary blic �� Massachusetts
My commission expires: ti Commission Expires Oct 9, 2020
2 Fairgrounds Road . Nantucket. MA 02554
508.325.7587 telephone • 508.228.7298 facsimile