Browse another municipality →
Town of Foster
Town of Foster Zoning Ordinance
Read in full Download
§ 38-325

Unified development review

  • (a) Unified development review established. Review and decision on variances and special use permits for properties undergoing land development or subdivision review, which qualifies for unified development review by the planning board, shall be conducted and decided by the planning board. This process is to be known as unified development review.

  • (b) Application and review process. The application and review process for applications qualifying for unified development review shall be conducted as follows:

    • (1) Generally. Review of projects submitted under unified development review shall adhere to the procedures, timeframes and standards of the underlying category of the project as listed in G.L. § 45-23-36, but shall also include the following procedures:

    • (2) Minor subdivisions and land-development projects. Except for dimensional relief granted by modification as set forth in G.L. §§ 45-23-38 and 45-24-46, requests for variances and special use permits related to minor subdivisions and land development projects shall be submitted as part of the application materials for the preliminary plan stage of review or if combined, for the first stage of reviews. A public hearing on the application, including any variance and special use requests that meet the requirements of G.L. § 45-23-50.1 shall be held prior to consideration of the preliminary plan by the planning board. The planning board shall conditionally approve or deny the request(s) for the development plan review(s), variance(s) and/or special use permit(s) before considering the preliminary plan application for the minor subdivision or land development project. Approval of the development plan review(s), variance(s) and/or special use permit(s) shall be conditioned on approval of the final plan of the minor subdivision or land development project.

    • (3) Development plan review. Except for dimensional relief granted by modification as set forth in G.L. §§ 45-23-50 and 45-24-46, requests for variances and/or special use permits shall be submitted as part of the application materials for the preliminary plan stage of review. A public hearing on the application, including any variance and special use permit requests that meets the requirements of G.L. § 45-23-50.1(d) shall be held prior to consideration of the preliminary plan by the planning board. The planning board shall conditionally approve or deny the request(s) for the development plan review(s), variance(s) and or special use permit(s) before considering the preliminary plan application. Approval of the development plan review(s), variance(s) and or special use permit(s) shall be conditioned on approval of the final plan of the minor subdivision or land development project.

    • (4) Major subdivisions and land development projects—Master plan. Except for dimensional relief granted by modification as set forth in G.L. § 45-24-46, requests for variances and/or special use permit(s) related to major subdivisions and land development projects shall be submitted as part of the application materials for the master plan stage of review, or if combined, the first stage of review. A public hearing on the application, including any variance and special use permit requests that meets the requirements of G.L. § 45-23-50.1(d), shall be held prior to consideration of the master plan by the planning board. The planning board shall conditionally approve or deny the requests for the development plan review(s), variance(s) and/or special use permit(s) before considering the master plan application for the major subdivision or land development project. Approval of the development plan review(s), variance(s) and/or special use permit(s) shall be conditioned on approval of the final plan of the major subdivision or land development project.

    • (5) Major subdivision and land development projects—Preliminary plan. During the preliminary plan stage of review, applicants shall have the ability to request alteration of any development plan review(s), variance(s) and/or special use permit(s) granted by the planning board during the master plan stage of review, and/or to request new development plan review(s), new variance(s) and/or new special use permit(s), based on the outcomes of the more detailed planning and design necessary for the preliminary plan. If necessary, the applicant shall submit such requests and all supporting documentation along with the preliminary plan application materials. If the applicant requests new or additional zoning relief at this stage, a public hearing on the application, that meets the requirements of G.L. § 45-23-50.1(d), shall be held prior to consideration of the preliminary plan by the planning board. The planning board shall conditionally approve, amend, or deny the requests for alteration(s), new development plan review(s), new variance(s) and/or new special use permit(s), before considering the preliminary plan application for the major subdivision or land development project. Approval of the alteration(s) and/or new variances, and/or new special use permits shall be conditioned on approval of the final plan of the major subdivision or land development project. If the planning board denies the request for alteration(s), new development plan review(s), new variance(s), and/or new special use permit(s), the planning board shall have the option of remanding the application back to the master plan stage of review. Alternatively, if the planning board denies the request for alteration(s), new development plan review(s), new variance(s) and/or new special use permit(s), the applicant may consent to an extension of the decision period mandated by G.L. § 45-23-39 so that additional information can be provided and reviewed by the board.

    • (6) Decision. The time periods by which the planning board must approve or deny applications for variances and special use permits under the unified development review provisions shall be the same as the time periods by which the board must make a decision on the applicable review stage of the category of project under review. In granting requests for dimensional and use variances, the planning board shall be bound to the requirements of G.L. § 45-24-41 relative to entering evidence into the record in satisfaction of the applicable standards. In reviewing requests for special use permits, the planning board shall be bound to the conditions and procedures under which a special use permit may be issued and the criteria for the issuance of such permits, as found within the zoning ordinance pursuant to G.L. § 45-24-42, and shall be required to provide for the recording of findings of fact and written decisions as described in the zoning ordinance pursuant to G.L. § 45-24-42.

    • (7) Public hearing. Unless otherwise provided in this chapter or in chapter 32, all applications under this section or section 32-46 shall require a single public hearing, held pursuant to G.L. § 45-23-50.1(b)(d). The public hearing must meet the following requirements:

      • a. Public hearing notice shall adhere to the requirements found in G.L. § 45-23-42(1).

      • b. The notice area for notice of the public hearing shall, at a minimum, include all property located in or within not less than 200 feet of the perimeter of the area included in the subdivision and/or land development project. Notice of the public hearing shall be sent by the administrative officer to the administrative officer of an adjacent municipality if:

        • 1. The notice area extends into the adjacent municipality; or

        • 2. The development site extends into the adjacent municipality; or

        • 3. There is a potential for significant negative impact on the adjacent municipality. Additional notice within watersheds shall also be sent as required in G.L. §§ 45-23-53(b) and (c).

      • c. Public notice shall indicate that dimensional variance(s), use variance(s), development plan review(s) and/or special use permit(s) are to be considered for the subdivision and/or land development project.

      • d. The cost of all public notice is to be borne by the applicant.

    • (8) Time periods. The time periods by which the planning board must approve, approve with conditions or deny the requests for variances and special use permits) under the unified development review provisions of chapter 38 shall be the same as the time periods by which the board must make a decision on the applicable review stage of the underlying type of project under review as found in chapter 32.

    • (9) Expiration of approval. The expirations period of an approval of a variance or special use permit granted under this section shall be the same as those set forth in the statute for the underlying type of project under review.

    • (10) Appeal. An appeal from any decision made pursuant to this section may be pursuant to G.L. § 45-23-71.

  • (c) Town council. Where an applicant requires both planning board approval and town council approval for a zoning amendment, the applicant shall first obtain an advisory recommendation on the zoning map amendment from the planning board as well as conditional planning board approval for the master and/or preliminary plan stage for the proposed land development project, which may be simultaneous, then obtain zoning map amendment approval from the town council and then return to the planning board for subsequent preliminary plan approval or the administrative officer for final plan approval, as applicable.

(Ord. of 2-8-2024(9); Ord. of 4-24-2025(16))