VI. PLANNING IN DOVER
PLANNING BOARD
The present form of the Planning Board was established
by the Town Meeting in 1946. Prior to that time, responsibility
for planning rested with the Selectmen. The Planning Board is vested
with the legal responsibility to administer the zoning bylaws and
to insure the satisfactory compliance with the subdivision regulations.
A person may purchase a copy of the Town of Dover's Bylaws,
Rules, and Regulations from the Town Clerk.
The Planning Board is the special permit granting
authority for development in the business, manufacturing and medical-professional
districts, and for development in any land that may be zoned for
multi-family/elderly housing.
Although it does not have jurisdiction over the
use of land within the Town, the Board of Selectmen has the authority
to curtail the utilization of land for any purpose specifically
prohibited by zoning laws (provided that a variance has not been
granted by the Board of Appeals or in a court decree).
ADMINISTRATIVE POWERS
A major portion of the Planning Board's work comes
under the Massachusetts Municipal Planning and Subdivision Control
Legislation, which delegates administrative power to the Planning
Board. Any owner desiring to subdivide his or her land for development
must present a program to the Planning Board. The Board exercises
a certain amount of control over such a project, since all lots
must contain the minimum frontage and square footage requirements
for the particular zoning district. All streets are subject to approval
of the Board as to the manner in which they are laid out and constructed.
The adequacy of pipes and equipment to be used in a water system,
as well as drainage facilities for the roadways, are also considered
by the Planning Board.
PROCEDURES FOR SUBDIVISION OF LAND
Under the General Laws, a Planning Board must hold
an open public hearing and must notify all abutters to the land
of the open hearing before passage of a definitive subdivision plan.
The Planning Board also notifies other Dover authorities: the Board
of Health, Board of Selectmen, the Building Inspector, Fire Chief,
the Conservation Commission, Tree Warden and the Superintendent
of Streets. The open hearing (its purpose, date, and time) must
be advertised at least 14 days prior to the open public hearing.
The petitioner must also notify the Town Clerk
of the date on which he or she filed the plan with the Planning
Board. The Planning Board has ninety days from the date of filing
to approve, disapprove, or conditionally approve the plan. Under
the General Laws, the Board of Health must approve, disapprove or
conditionally approve the plan within 45 days of filing. If the
Planning Board fails to act within the time prescribed by law, the
plan is deemed to be approved by default.
The Planning Board notifies the Town Clerk when
a subdivision plan has been approved. The Town Clerk will then receive
appeals of the Planning Board's decision for the next 20 days. If
a subdivision plan is disapproved, the petitioner may appeal the
denial to the courts.
Once the plan has been approved, however, the developer
may not proceed until he or she has complied with one of the following:
(a) A bond has been filed for an amount covering
the cost of constructing the entire roadway, including drain easements,
etc. Building permits may then be issued before the road is constructed.
(b) A covenant has been signed with the Town, stating
that building permits will not be issued until the completion of
a specified amount of the roadway leading up to and beyond the lots
to be developed.
(c) The developer makes a deposit of negotiable
securities or money sufficient to secure the performance of the
construction of roads and improvements.
SCENIC ROADS
An Act was passed by the Legislature in 1973, which
gave authority to the Planning Board, Conservation Commission, and
Historical Commission to recommend to the Annual Town Meeting that
certain roadways in the town be designated as scenic roads. Should
the town, by a majority vote, designate a street or road as a scenic
road, such designation would prohibit any paving, reconstruction,
maintenance, or repair (which involved the removal of trees or stone
walls) without a public hearing.
ZONING
At present, Dover has nine different zoning categories:
Three residential districts: R, R-1,
R-2.
R-2: land with two acre zoning.
R-1: land with one acre zoning.
R: land which is 1/2 acre zoned, or lots
of less than one acre which had been duly laid out and recorded
prior to the adoption of the zoning bylaws in 1933.
Business zoned areas are referred to in
the bylaws as B districts.
All land reserved for conservancy is zoned
as C.
Official or open space land is zoned
O. This includes all Town owned property, land owned by religious
and educational institutions, land owned by charitable corporations
such as the American Legion, the Robert Sever Hale Reservation,
and land held by The Trustees of Reservations.
M zoned areas refer to land zoned for manufacturing
and industrial use.
M-P is an area zoned for medical-professional
facilities.
R-M is an overlay district that permits
the construction of a greater number of units than would otherwise
be permitted under normal zoning bylaws, provided that open space
also be preserved in the process.
BOARD OF APPEALS
Appointed by the Selectmen, the Board of Appeals
has jurisdiction over appeals from the rulings of administrative
officials of the town made under the zoning bylaws or under the
building code. Certain uses of premises located in the Residence,
Business, and Conservancy Districts also require prior approval
by the Board of Appeals. In addition, the Board of Appeals has the
authority to authorize a variance from the terms of zoning bylaws
in certain limited instances. These powers of the Board of Appeals
are designed to provide a local tribunal familiar with local problems.
The Board of Appeals acts only after a public hearing.
Notice of the hearing must be published in the newspaper and also
sent by mail to the petitioners, the abutters of the land in question,
the owners of the land within 300 feet of the premises, and to the
Planning Board, as well as to the owners of all other property deemed
by the Board to be affected by the proceeding. In certain cases
in which the Board considers it appropriate, notice of a hearing
is also sent to each householder in the Town. The Board's hearings
are always public, and any person, whether entitled to notice thereof
or not, may appear in person, or by agent or by attorney.
When the Board has reached a decision on any matter,
the decision is reduced to writing and filed with the Town Clerk,
and notice of the decision is given to the persons entitled to notice
of the hearing. Notice of any variance or permit granted by the
Board of Appeals must be filed in the Registry of Deeds in Dedham
by the petitioner.
LONG RANGE PLANNING COMMITTEE
The Long Range Planning Committee consists of one
member from the Board of Selectmen and one from the Planning Board,
and five other members appointed by the Moderator for three years.
The terms are staggered. The Committee is responsible for coordinating
the planning for all committees, boards and officials of the town
and for developing such plans as may be deemed useful for the future
growth of the town.
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