§ 15-8
Decision of the Planning Board
[Ord. No. 08-31, 10-7-2009]
- (a) Planning Board actions. In rendering a decision, the Planning Board may take the following actions:
- (1) Approve a comprehensive permit on the terms and conditions set forth in the application.
- (2) Approve a comprehensive permit with conditions with respect, but not limited to, the site plan, building density, setbacks, height, size, shape, building materials, landscaping, drainage and parking, in a manner that does not render the construction or operation of such housing infeasible.
- (3) Deny a comprehensive permit only if the project is inconsistent with local needs, including, but not limited to:
- a. The project is not in conformance with the Town comprehensive plan;
- b. The project is not in conformance with the affordable housing plan in the approved comprehensive plan, or with local zoning ordinances and procedures promulgated in conformance with the comprehensive plan;
- c. The Town has low and moderate income housing units in excess of 10% of the total yearround housing units, or has a plan for meeting this standard and the local ordinances, requirements and regulations to implement the plan; or
- d. The concerns for the environment and the health and safety of the occupants of the proposed housing or of the current residents of the Town have not been adequately addressed.
- (b) Positive findings. In taking final action on an application, the Planning Board shall make positive findings, supported by legally competent evidence on the record, on each of the following:
- (1) The proposed development is consistent with local needs as identified in the comprehensive plan, particularly the affordable housing plan;
- (2) The proposed development is in compliance with the standards and provisions of the Town's zoning ordinance and subdivision regulations, and/or where expressly varied or waived, local concerns that have been affected by the relief granted do not outweigh the state and local need for low and moderate income housing;
- (3) All low and moderate income housing proposed are integrated throughout the development, are similar in scale and architectural style to the market rate units within the project; and will be built and occupied prior to, or simultaneous with, the construction and occupation of the market rate units;
- (4) There will be no significant negative environmental impacts from the proposed development as shown on the final plan, with all conditions for approval;
- (5) There will be no significant negative impacts on the health and safety of current or future residents of the community, in areas including, but not limited to, safe circulation, provision of emergency services, sewerage disposal, availability of potable water, adequate surface water runoff, and the preservation of natural, historical or cultural features that contribute to the attractiveness of the community; and
- (6) The proposed development will not result in the creation of individual lots with any physical constraints to development that building on those lots would be impracticable.
- (c) Recording of decision. All decisions shall be recorded in the land evidence records of the Town of Cumberland. If the comprehensive permit is for a major or minor land development plan or a major or minor subdivision, any decision must also be signed and recorded in accordance with § 3K of the regulations.
No building permit shall be issued by the Building Official for any unit in the proposed development until written evidence has been provided by the developer that the project has received approval for the appropriate municipal, state or federal subsidy.