Town of Wellesley, Massachusetts

This Section is adopted by the Town to provide a comprehensive review procedure for construction projects as hereinafter defined, (excluding construction, alteration, enlargement or reconstruction of any single or two family building, or building or structure accessory thereto, unless in a designated Flood Plain or Watershed Protection District) for the purposes of:

1. Insuring compliance with the Zoning Bylaws of the Town of Wellesley;

2. Protecting the safety, convenience and welfare of the public;

3. Minimizing additional congestion in public and private ways;

4. Insuring adequate provision for water, sewerage and drainage;

5. Insuring compliance with the provisions of SECTION XVI. RESTRICTIONS AFFECTING ALL DISTRICTS.;

6. Insuring compliance with the provisions of SECTION XXI. OFF-STREET PARKING.;

7. Insuring compliance with the provisions of SECTION XXII. DESIGN REVIEW.

Construction Project - the term shall include phased or segmented projects where a series of two or more projects on a single parcel, lot or development area, for which building permits are filed within a three-year period are, in the opinion of the Inspector of Buildings, components or segments of a single project.

Major Construction Project

Any construction project which involves a change in the outside appearance of a building or buildings or premises, and includes one or more of the following:

1. construction of twenty-five hundred (2,500) or more square feet gross floor area;

2. an increase in gross floor area by fifty (50) percent or more which results in a gross floor area of at least twenty-five hundred (2,500) square feet;

3. grading or regrading of land to planned elevations, and/or removal or disturbance of the existing vegetative cover, over an area of five thousand (5,000) or more square feet;

4. any activities regulated or restricted under SECTION XIVB. FLOOD PLAIN OR WATERSHED PROTECTION DISTRICTS.;

5. any activities regulated under SECTION XIVE, WATER SUPPLY PROTECTION DISTRICTS.

Minor Construction Project

Any construction project, not included within the definition of a major construction project, which involves either or both of the following:

1. a change in the outside appearance of a building or premises, visible from a public or private street or way, requiring a building permit;

2. construction, enlargement or alteration* of a parking or storage area requiring a parking plan permit.

*Alteration includes installation, removal or relocation of any curbing, landscaping or traffic channelization island, driveway, storm drainage, lighting or similar facilities but does not include resurfacing, striping or restriping pavement markings on existing parking or storage areas.

A parcel or contiguous parcels which are under one ownership.

Project of Significant Impact (PSI)

Any construction project:

a. having an aggregate total of newly constructed floor area of 10,000 or more square feet; or

b. having an aggregate total of renovated, altered and/or replacement floor area of 15,000 or more square feet in a building having 15,000 or more square feet of ground coverage to provide for a use which is different from the existing use as determined by the Commonwealth of Massachusetts Property Type Classification Codes (April 1991 edition).

Roadway Impacted by Development Traffic

A roadway segment, including one or more approaches to an intersection, over which 30 or more vehicles related to the development parcel travel in a single direction during any single hour.

C. APPLICABILITY AND PROCEDURE.

Major Construction Project - (Site Plan Review and Design Review).

Plans and other submission materials conforming to the adopted "Procedures for Applications to the Special Permit Granting Authority" (SPGA), (as filed with the Town Clerk), shall be submitted to the SPGA for written approval in accordance with SECTION XXV. of this Zoning Bylaw. Within seven (7) days from the date of its submission to the SPGA, copies of the complete application as submitted shall be referred by the SPGA to the Board of Health, Planning Board, Design Review Board, Town Engineer, Wetlands Protection Committee, and any other Town agencies or boards designated by the SPGA, for review and preparation of written recommendations to the SPGA, Building Inspector and the applicant prior to the required public hearing. Said written recommendations shall be attached to and become part of the application.

No decision shall be made by the SPGA in connection with any application until the above referenced written recommendations have been received or thirty-five (35) days shall have elapsed after such referral of the application without a recommendation being received. The SPGA may modify such plans to meet the requirements of this Section, and as modified, approve the same, or may disapprove the plans. No building permit or parking plan permit shall be issued by the Building Inspector without the written approval of plans as herein above provided.

Minor Construction Project - (Design Review).

Plans and other submission materials conforming to the adopted "Procedures for Applications to the Special Permit Granting Authority", (as filed with the Town Clerk), shall be submitted to the Design Review Board for its written advisory design recommendations in accordance with SECTION XXII. Within twenty-one (2l) days of submission, copies of the written design recommendations shall be sent by the Design Review Board to the Building Inspector, Planning Board and the applicant. No building permit or parking plan permit shall be issued by the Building Inspector within this twenty-one (2l) day period unless said recommendations are sooner received.

Project of Significant Impact (PSI) (Special Use Permit, Site Plan Review and Design Review)

Municipal Systems (water, sewer, electric, storm drain, streets, sidewalks, fire alarm, refuse disposal, footways and intersections) Impact Analysis.

A municipal systems impact analysis, prepared by engineers registered in the Commonwealth of Massachusetts shall be submitted to the Planning Board. The water, sewer, fire alarm, refuse disposal and storm drainage portions shall be prepared by engineers having expertise in civil engineering; the electric portion shall be prepared by engineers having expertise in electrical engineering; the streets, sidewalks, footways and intersections portions shall be prepared by engineers having expertise in traffic and transportation engineering.

The intent of the analysis is to determine the impact on the Town's existing capital infrastructure in order to assess costs of providing or upgrading Town public facilities which will benefit a PSI.

The analysis shall include:

1. existing capacities of water, sewer, storm drain and electric distribution systems before construction and at expected occupancy date;

2. existing traffic conditions, and traffic conditions at the projected time of occupancy at present connections to the street system and intersecting streets bordering the development area, including average daily and peak hour volumes, vehicle speed along the bordering streets, sight distances along bordering streets, accident data, existing traffic controls and levels of service (LOS);

3. identification of roadways impacted by development traffic;

4. estimated traffic impacts of the proposed development in terms of the amount of morning and afternoon peak hour and total daily traffic generated by the development on streets bordering the development area; sight lines from access connections; proposed changes to traffic controls; and projected levels of service of intersections identified in item 3. above and at points of connection of the development area to the street system;

5. possible hazardous pedestrian and bicycle crossings; a detailed identification of gaps in the sidewalk network and identification of cracking, deterioration, heaving, sinking, shifting, patching and missing sections and intrusion or encroachment of vegetation and other obstructions into the sidewalk area within a walking distance of 600 feet from the development area and along walking routes to the nearest public transportation station(s) or boarding point(s) if such facilities exists within one mile of the development site; identification of sidewalk links or connections to surrounding neighborhoods.

6. identification of proposed use and occupancy and characteristics of the occupants, building contents, equipment and materials on site; identification of possible hazards and hazard scenarios; proposed comprehensive emergency plan which shall include an evacuation plan and a shelter-in-place plan; anticipated impact on municipal fire alarm systems;

7. anticipated impact on the Town's refuse disposal system.

Special Permit for Projects of Significant Impact.

No decision shall be made by the Planning Board acting as SPGA in connection with any application for approval of a project of significant impact until the municipal systems analysis has been approved by the Board of Public Works for water, sewer, storm drain and refuse disposal portions by the Municipal Light Board for the electric portion, by the Fire Chief for the municipal fire alarm system, fire protection and life safety portion and by the Board of Selectmen for the traffic and pedestrian safety portion and has been completed to the satisfaction of the Planning Board.

The Planning Board shall grant a special permit provided the following minimum service standards are met:

There shall be sufficient water capacity to meet the flow demands of the proposed use without causing municipal water flow characteristics off site to fall below the standards adopted by the Board of Public Works.

There shall be sufficient sewer capacity to meet the flow demands of the proposed use without causing surcharge in those sewer lines which serve the project and consistent with the standards adopted by the Board of Public Works.

There shall be sufficient storm drainage capacity to meet the flow demands of the proposed development site without causing surcharge in those storm drainage lines which serve the project and consistent with the standards adopted by the Board of Public Works.

There shall be sufficient electrical capacity to meet the peak service demands of the proposed use without causing the service in adjacent areas to fall below the standards adopted by the Municipal Light Board.

Traffic and Pedestrian Safety -

The level of service (LOS) of all roadways impacted by development of traffic shall be at level "C" or higher for newly constructed floor area and shall not be reduced below the present level of service for all other projects subject to PSI review if such levels of service are "C" or lower;

pedestrian and bicycle circulation shall be provided in accordance with recognized safety standards; sidewalks within specified walking distances and sidewalk connections to surrounding neighborhoods and to public transportation shall be safe and convenient.

Fire Protection and Life Safety -

There shall be sufficient municipal fire alarm system capacity to meet the operating requirements of the proposed use under applicable codes, regulations and statutes enforced by the Fire Chief. There shall be off-site fire protection facilities serving the development site in the opinion of the Fire Chief meeting the needs of the project based on the intended use and occupancy including fire flow requirements, location of and access to fire hydrants and access for emergency vehicles. There shall be developed and submitted a comprehensive emergency plan which shall include an evacuation plan and a shelter-in-place plan satisfactory to the Fire Chief and meeting the specifications and standards adopted by the Fire Chief.

Refuse Disposal System -

Refuse recycling and disposal systems, consistent with the standards adopted by the Board of Public Works, shall be provided.

Negotiated improvements.

After completion and Planning Board review of the Municipal Systems Analysis, applicants for PSI approval may propose specific design alternatives and/or off-site improvements to municipal facilities to meet minimum service standards.

The Planning Board is authorized to incorporate these design alternatives and improvements as conditions in special permit PSI approval.

The required design work and cost of construction and implementation of the special permit approval conditions shall be the full responsibility of the applicant. All work proposed to improve or upgrade Town utilities or facilities shall be done according to the specifications adopted by the Board of Public Works, except that electric work shall be done according to the specifications adopted by the Municipal Light Board. The cost of review of plans and the cost of periodic inspections of such work during construction shall be the full responsibility of the applicant and shall be charged in accordance with procedural requirements to be adopted and from time to time amended by the Planning Board after a public hearing.

Relationship of PSI procedure with Major Construction Project approval.

Upon the granting of a special permit by the Planning Board for a PSI the applicant is authorized to apply for site plan approval under the procedure in SECTION XVIA. for Major Construction Project Approval. Planning Board review of PSI application shall not substitute for Major Construction Project approval. No application shall be made for Major Construction Project Approval for a PSI prior to the granting of a special permit by the Planning Board.