This page will
provide information on the following topics:
This page is not made to
confuse you. It is our intent to make it easier for you to alter your home, add
to your home or build new homes. The following information is streamlined to
inform you what documents are necessary for individual projects and where to
find those documents. Remember, almost every project requires some type of
permit be it related to gas, electric or Conservation. Only ordinary repairs
such as fixing windows, doors, stairs or minor repairs on shingles, etc. can be
tackled without a permit. It only takes a telephone call to the Building
Inspector to save yourself a lot of headaches. The key to a successful project,
small or large, is either receiving the proper information from this page or
instructions from the Building Inspector or other department heads. Your Town
offers many additional permits so feel free to telephone the individual
departments if you do not find what you are looking for or if you have any
questions.
Town Of East
Longmeadow Development Guide
This
guide is for information only: it
does not have the force of law. Please
refer to the applicable laws and
regulations for specific technical
and procedural requirements. In most
cases you will need professional help
in such areas as land survey, engineering,
architecture, law and transportation Planning.
Most projects need permits. The more research you do
in the planning stage, the easier it will be to meet the requirements for town
and (sometimes) state and federal permits and approvals. You will increase the
likelihood that your project and design will be accepted, and reduce your risk
of having to make significant -and expensive - changes in order to obtain
approval.
Step One - First
Contacts and Research
As soon as you know the location and approximate size
of your development project and the use(s) to which it will be put, talk to
people in the Building, Conservation, Health, Planning and Engineering
departments at the East Longmeadow Town Hall. They can tell you if your project
seems feasible or what changes you may need to make. They will show you which
permits you are likely to need, roughly how long it will take to get them, and
whether public hearing will be required. This information will help you
estimate your Planning costs, set realistic project time lines and minimize the
likelihood of unpleasant surprises.
Building
Department - this is
the first department you should visit. The Building Inspector enforces the East
Longmeadow Zoning By-laws and the State Building Code and issues building,
occupancy,-and sign permits.
Conservation
Commission - The
Conservation Commission administers the Massachusetts Wetlands Protection Act
and the East Longmeadow Wetlands Bylaw, including related state and local
regulations. The conservation Administrator can tell you if your project falls
under the Commission's jurisdiction and advise you on obtaining local, state or
federal permits. Do not bypass this step: conservation impacts are not always
apparent. Some wetlands are not obvious to the untrained eye.
Health
Department - The Board
of Health enforces the state and local health and environmental codes. Among
the many permits and certificates it issues are those for septic systems,
hazardous materials, restaurants, food retailers and swimming pools. They will
explain the procedures for obtaining septic system and other permits and
approvals.
Planning Board - The Planning Board evaluates development proposals
for their contributions towards community Planning goals as documents in the
current East Longmeadow Master Plan and to assess their impacts on the
environment, transportation system and Town character. It coordinates the
departmental review and legal process for new development proposals submitted
to the Planning Board under the Zoning By-laws and the Subdivision Control Law.
The Planning Board issues special permits and
approvals for subdivisions, alternative residential developments, affordable
housing developments, certain types of projects in groundwater protection
zones, certain signs and Planned Unite Developments. The Planning Board is your
day to day contact throughout the process of obtaining these approvals.
Engineering
Department of Public Works - Consult
with the Engineering/Public Works Department on questions regarding roadways,
parcel boundaries, curb cuts, floodplain regulations and permits, and locations
of underground utility lines such as gas and water mains.
Regulations,
Maps and Other Documents - You can
buy or obtain these materials and other information in the Town offices as
shown below. All departments are open Monday through Friday 8:00 a.m. to 4:00
p.m. unless otherwise indicated. If you need assistance, the department staff
people will be happy to help you with your needs.
Building
Department - 525-5428
Located at the Town Hall on the first floor.
Building permits
Electrical/plumbing/gas permits
Septic tank permits
Certificate of Occupancy
The Building Inspector's office is open from 8:00
a.m. to 10:00 a.m. and from 12:30 p.m. to 2:30 p.m. Monday through Friday. His
office is located at the Town Hall on the first floor and the telephone number
is 525-5429.
Conservation
Commission - 525-5420
Located at the Town Hall on the second floor.
Wetland Regulations
Applications for Notices of Intent
Applications for Determination of Applicability
Orders of Conditions
Certificates of Compliance
Board of Health
- 525-5427
The Board of Health is part of the Selectmen’s'
Office and is located at the Town Hall on the first floor.
Food service permits
Retail food establishment permits
Milk and cream licenses
Frozen dessert licenses
Swimming pool permits -
License to practice massage
Health Club licenses
Funeral director license
Septage handler's permits
Disposal works installer's permit
Permit to sell tobacco products
Tanning licenses
Catering licenses
Selectmen's
Office - 525-5427
Located at the Town Hall on the first floor.
Liquor license
Common victualer license
Used car license
Second-hand dealer license
Sunday entertainment license
Auctioneer license
Inflammable storage license
Planning Board -
525-5420
Located at the Town Hall on the second floor.
Zoning Bylaws
Subdivision Rules and Regulations
Applications for Preliminary Site Plan Review
Applications for Definitive Site Plan Review
Applications for Endorsement on Plan Not Requiring
Approval
Application for Waiver of Site Plan Review
Application for Request for Zoning Variance
Department of
Public Works/Engineering Department - 525-5410
Located at the Town Hall on the second floor.
Permit to open public way
Permit for driveway opening
Sewer inspection permit
Sewer entrance permit
Water entrance permit
Subdivider's water entrance permit
Installation of fire service permit
Town Clerk &
Tax Collector - 525-5400
Located at the Town Hall on the first floor.
Business Certificate
Street List
Zoning Bylaws
Directory Map
.General Bylaws
Health Regulations
Subdivision Rules and Regulations
Board of
Assessors - 525-5425
Located at the Town Hall on the first floor.
Fire Department
- 525-5430
Located at 150 Somers Road, East Longmeadow
Underground storage permits
Smoke detector certificates
Oil burner certificates
As you gather information, thoroughly study the applicable
laws and regulations. If necessary, get independent professional advice on
surveys, soil tests, groundwater analyses, traffic studies and legal questions
Step Two -
Preliminary Design And Review
Often, you can avoid delays and costly changes by
scheduling one or more informal reviews with Town departments when your design
is still in the early stages. The amount of detail you need varies according to
the permits you are applying for; consult the appropriate Town department to
find out their requirements. In general, your plans should show a rough layout,
and you should have information in hand related to factors influencing
feasibility. See the checklist linked hereto as Appendix A.
These are the most common permits and approvals. This
is not a complete list -only through your first contacts, research, and
preliminary reviews can you identify all the permits you will need.
Flood Plain
District Special Permit
All land below the 100-year-flood elevation is
subject to flooding during a severe flood (nominally expected once every 100
years). Development in this area may not be allowed or may require a Flood
Plain District Special Permit from the Planning Board. You may need safeguards
which can affect your design and cost.
Wetlands
Protection
Work in or within 100 feet of a wetland (defined in
the Massachusetts Wetland Protection Act and the East Longmeadow Wetlands
Bylaw) is regulated by the Conservation Commission. Many kinds of work are
prohibited in these areas; those that are allowed may require a permit called
Orders of Conditions.
General Zoning
Your site is one of eleven (11) zoning districts. The
Zoning Bylaw defines in detail the requirements of each district with
dimensional controls for building heights, square footage, setbacks, parking
facilities and landscaping. Some uses are prohibited in certain districts,
while others require a special Permit from the Planning Board. This permit is
discretionary; do not expect to be granted one automatically. The Planning
Board considers neighborhood acceptance, Master Plan consistency, and other
site or area-specific issues, and may require measures to mitigate the impact
of the intended use.
The Zoning Bylaw defines many special permits (not
listed here) which allow for special circumstances, uses and designs.
Board of Health
Permits
Among the permits you will need from the Board of
Health are those for a septic system or other wastewater disposal method and
for storing or handling hazardous materials.
Site Plan Review
Every commercial or industrial project, including
expansions and additions, requires a Site Plan Approval from the Planning
Board. Your plans will be reviewed by several boards and departments for
specifics of site, layout, building design, parking facilities, landscaping,
drainage, and the mitigation of traffic and other impacts. For change of use,
occupancy or additions less than 2,000 square feet, the Planning Board has the
authority to waive any and/or all aspects of the Site Plan Review. **No
building permit will be issued for the construction, exterior alteration,
relocation, occupancy, or change in use of any building, structure or premises without
the prior review of the Planning Board. (Site plan review 7.40 - exception:
single-family housing)
Signs
No exterior or ground sign can be erected, altered or
enlarged until a building permit has been issued by the Building Inspector. The
Planning Board must review the design, color and appearance of any proposed
sign prior to the issuance of a building permit. The Zoning Bylaws regulate the
overall dimensions, location of placement and number allowed.
Subdivision
Approval
If your project is a subdivision, that is, if it
divides the land into 2 or more lots or parcels (either residential or
commercial) and requires the construction of new streets, you must get a
Subdivision Approval from the Planning Board. If you do not have to build a new
street, you will need to go before the Planning Board and request an
endorsement on the plan as "Subdivision Approval Not Required".
Zoning Variances
Rarely, and only in extraordinary circumstances, the
Board of Appeals may grant variances, or departures from the zoning Bylaw, such
as a setback or building height not otherwise permitted in that Zone. The
Zoning Bylaw, mirroring the state Zoning Act, sets stringent legal conditions
for these variances, allowing them only incases of unusual hardship, financial
or otherwise, due to unique circumstances related to the land or the building.
You should not request a variance unless you have determined, with legal
counsel, that your situation satisfies the legal criteria. Even if those
criteria are met, however, the Board of Appeals is under no obligation to grant
a variance, and in no case can it grant one to allow a prohibited use.
Work within a
Public Way
All work within a public way owned and maintained by
the Town of East Longmeadow, such as the installation of driveways or utility
lines, requires a
permit from the East Longmeadow Department of Public
Works. All water-supply work, both public lines and individual hookups, must
conform to the regulations of the Department of Public Works.
State and
Federal Permits
Depending on the nature of your project or its
impacts, you may need to apply for one or more permits from the State or
Federal government. The most common are:
A curb-cut permit from the Massachusetts Highway
Department for work affecting a state highway; A permit from the United States
Army Corps of Engineers for work affecting certain wetlands and water ways;
and, A Certificate of Compliance from the Massachusetts Executive Office of
Environmental Affairs.
The Town's staff can help you identify state and
federal requirements for your project and help you make contact with the
appropriate agency, but it is your responsibility to ensure compliance with
state and federal requirements.
Building Permit
This is the last permit you must get before starting
construction. All other permits must be in place at this time. Before issuing a
building permit, The Building
Inspector conducts a final check on zoning compliance
and reviews your building and construction plans for compliance with the
Massachusetts Building code and handicapped access standards.
When your design work is complete, you are ready to
apply for your permits. Preparing an application is not always simple. We will
answer any questions and try to clear up mysteries, but you should get
independent professional and legal advice as well. Careful attention to detail
will help you avoid delays, frustration and disappointment.
How long will it take to get a permit?
It depends on how many and what kinds of permits you
need. Many applications can be processed simultaneously, cut some, including
the building permit, require that others be in place first. Here are some typical
processing times from the day you submit your application for common permits:
Building Permit 1
to 30 days
Sign Permit Up
to 1 months
Special Permit (zoning) 2 to 4 months
Variance (zoning) 2 to 4 months
Wetlands Permit 2 months
Board of Health Permit 1 month
Subdivision approvals 6
to 8 months
Public Hearing
Procedure
Permits Under
the Zoning Bylaw
Before the Town can grant a Special Permit or
Approval on a Subdivision Plan, it must hold a public hearing so that citizens,
and particularly neighbors and abutters, can comment on or express concerns
about your project. Nevertheless, do not wait until the formal public hearing
notice to contact your neighbors; tell them your plans early on, to find out
what you can do to address their concerns. Such early communication is not only
courteous, it is a proven strategy for a successful application.
The Planning Board is the permit-granting authority
that will schedule the hearing no earlier than 45 days after receiving your
application, and will place the required notices giving the date, time,
location and purpose of the hearing in at least two editions of the local
newspaper. The paper will bill you directly for the cost of each insertion). In
addition, you must send a notice to each abutter, to abutters of abutters, and
to the Planning Boards of each Town abutting East Longmeadow by Certified Mail
Return Receipt Requested, at least 14 days prior to the hearing date. You must
give the return receipts to the permit-granting authority as proof that all
parties have been properly notified. The Town Assessor in the Town Hall
prepares a certified abutters' list.
You or your representative should attend the hearing
to present the application and state the reason(s) why the permit or approval
should be granted. After your presentation, Board members will offer their
comments and questions. Then the Chairman will solicit comments from abutters
and other members of the public. Any citizen may speak in person, or through an
agent, or attorney, at any hearing. When all persons wishing to be heard have
spoken, the Chairman will close the hearing and the Board will take the matter
under advisement. In no case will the Board allow new evidence to be admitted
after the close of the public hearing
unless they have previously requested it.
Permits Not
Under the Zoning Bylaw
Other permits may or may not involve the public. For
instance, a Building Permit or Septic Disposal Permit does not require a public
hearing, but a Subdivision approval from the Planning Board does, as does most
approvals by the Conservation Commission.
IV. DEVELOPMENT CHECKLIST
Use this checklist to keep track of the information
and permits you are likely to need:
Factors Influencing Feasibility
________________ Flood
Plan (1 00-year-flood elevation)
________________ Groundwater
Protection District
________________ Wetlands
________________ Septic Suitability
________________ Zoning District (is the use
permitted?)
________________ General Zoning requirements
(building heights, setbacks, floor area ratio, parking facilities, etc.)
_________________ Alternatives (other designs,
layouts that might save money or increase revenues)