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Home My WebLink About2017-07-12-PB-packet-released Lexington Planning Board Wednesday, July 26, 2017 Selectmen’s Meeting Room, Town Office Building 7:00 p.m. STAFF REPORTS General Updates Upcoming Meetings, Events, & Announcements DEVELOPMENT ADMINISTRATION BOARD ADMINISTRATION Board Member Reports Minutes ADJOURN Meeting broadcast by LexMedia Lexington Planning Board Wednesday, August 16, 2017 Selectmen’s Meeting Room, Town Office Building 7:00 p.m. STAFF REPORTS General Updates Upcoming Meetings, Events, & Announcements DEVELOPMENT ADMINISTRATION TENTATIVE: Site Plan Review: PD-1 (Brookhaven) BOARD ADMINISTRATION Board Member Reports Minutes ADJOURN Meeting broadcast by LexMedia Lexington Planning Board Wednesday, August 30, 2017 Selectmen’s Meeting Room, Town Office Building 7:00 p.m. STAFF REPORTS General Updates Upcoming Meetings, Events, & Announcements DEVELOPMENT ADMINISTRATION BOARD ADMINISTRATION Board Member Reports Minutes ADJOURN Meeting broadcast by LexMedia Lexington Planning Board Wednesday, September 13, 2017 Selectmen’s Meeting Room, Town Office Building 7:00 p.m. STAFF REPORTS General Updates Upcoming Meetings, Events, & Announcements SPECIAL TOWN MEETING Proposed Planned Development District: 45-65 Hayden Avenue () PUBLICHEARING Proposed Recreational Marijuana Bylaw () PUBLICHEARING Proposed Planned Development District: 7 Hartwell Avenue () PUBLICHEARING DEVELOPMENT ADMINISTRATION BOARD ADMINISTRATION Board Member Reports Minutes ADJOURN Meeting broadcast by LexMedia Lexington Planning Board Wednesday, September 27, 2017 Selectmen’s Meeting Room, Town Office Building 7:00 p.m. STAFF REPORTS General Updates Upcoming Meetings, Events, & Announcements SPECIAL TOWN MEETING Proposed Planned Development District: 45-65 Hayden Avenue (,.) PUBLICHEARING CONT Proposed Recreational Marijuana Bylaw (,.) PUBLICHEARING CONT Proposed Planned Development District: 7 Hartwell Avenue (,.) PUBLICHEARING CONT DEVELOPMENT ADMINISTRATION BOARD ADMINISTRATION Board Member Reports Minutes ADJOURN Meeting broadcast by LexMedia Lexington Planning Board Wednesday, October 4, 2017 Selectmen’s Meeting Room, Town Office Building 7:00 p.m. STAFF REPORTS General Updates Upcoming Meetings, Events, & Announcements SPECIAL TOWN MEETING Close Public Hearings on STM Articles Approve Reports DEVELOPMENT ADMINISTRATION BOARD ADMINISTRATION Board Member Reports Minutes ADJOURN Meeting broadcast by LexMedia Lexington Planning Board Monday, October 16, 2017 Parker Room, Town Office Building 6:00 p.m. STAFF REPORTS General Updates Upcoming Meetings, Events, & Announcements SPECIAL TOWN MEETING DEVELOPMENT ADMINISTRATION BOARD ADMINISTRATION Board Member Reports Minutes ADJOURN Meeting broadcast by LexMedia Lexington Planning Board Wednesday, October 18, 2017 Parker Room, Town Office Building 6:00 p.m. STAFF REPORTS General Updates Upcoming Meetings, Events, & Announcements SPECIAL TOWN MEETING DEVELOPMENT ADMINISTRATION BOARD ADMINISTRATION Board Member Reports Minutes ADJOURN Meeting broadcast by LexMedia LINED UNDERGROUND DETENTION/LINED UNDERGROUND DETENTION/LINED UNDERGROUND DETENTION/LINED UNDERGROUND DETENTION/LINED UNDERGROUND DETENTION/ DETENTION/ INFILTRATION EMBEDDED IN CRUSHED STONEEMBEDDED IN CRUSHED STONEEMBEDDED IN CRUSHED STONEEMBEDDED IN CRUSHED STONEEMBEDDED IN CRUSHED STONEEMBEDDED IN CRUSHED STONE (828) STORMTANK 48 MODULES(146) STORMTANK 18 MODULES(737) STORMTANK 30 MODULES(298) STORMTANK 18 MODULES(977) STORMTANK 24 MODULES(132) STORMTANK 24 MODULES BOTTOM OF CHAMBERS=92.00BOTTOM OF CHAMBERS=87.80BOTTOM OF CHAMBERS=87.60BOTTOM OF CHAMBERS=86.25BOTTOM OF CHAMBERS=87.80BOTTOM OF CHAMBERS=86.40 UNDERGROUND DETENTION/ SYSTEM (NO INFILTRATION)SYSTEM (NO INFILTRATION)SYSTEM (NO INFILTRATION)SYSTEM (NO INFILTRATION)SYSTEM (NO INFILTRATION) BOTTOM OF STONE=91.50BOTTOM OF STONE=87.80BOTTOM OF STONE=87.10BOTTOM OF STONE=85.75BOTTOM OF STONE=87.30BOTTOM OF STONE=85.90 SYSTEM SCHEDULE TOP CHAMBERS=96.00TOP CHAMBERS=89.30TOP CHAMBERS=90.10TOP CHAMBERS=87.75TOP CHAMBERS=89.80TOP CHAMBERS=88.40 INFILTRATION SYSTEM TOP OF STONE=97.00TOP OF STONE=90.30TOP OF STONE=91.10TOP OF STONE=88.75TOP OF STONE=90.80TOP OF STONE=89.40 UDS 1UDS 2UDS 3UDS 4UDS 5UDS 6 1 9 2 9 2 9 BW 93.0 TW 93.5 BW 93.5 TW 95.5 5 TW 94.0BW 93.5 3 S 9 D U 1 79 0 86 889 98 8 1 97 680 9 88 889 3 9 3 9 BELOW GRADE LEVEL ELEV = 89.5 GARAGE HEIGHT = 75.0 FEET GROUND LEVEL ELEV = 93.0 1/2 LEVEL BELOW GRADE 8 LEVELS ABOVE GRADE TOP DECK ELEV = 168.0 PARKING GARAGE PROPOSED 2 9 5 S D U 1 9 90 1 inch = ft. 40 4 6 S 0 DS 9 UD U 0 9 8 9 8 8 7 8 8 7 8 8 0 09 9 8 9 1 9 1 9 1 9 2 9 2 S 2 D 9 U 3 GRAPHIC SCALE 3 9 S 93 D U 4 9 KK D L N A U A P B T 4 9 5 9 5 9 6 9 96 R 7 E 9 M R OD A F SP N A R TFINISH FLOOR ELEV = 100.0 LAB/OFFICE BUILDING PROPOSED 1 S D U 7 9 7 9 P:\\King Street Properties\\17007 (Hayden Lab Planning, 75 Hayden Ave, Lexington)\\04_Design\\Dwg\\02_SD\\pricing 2017-06\\17007GD001.dwg Jul 10, 2017 - 4:46pm 6 9 08.0 9=I E P D H " 2 B1 B SD LIMIT OF MILL AND OVERLAY CONSTRUCTION/ ASPHALT MILL LIMIT OF FULL DEPTH ROAD AMP OVERLAY 1.5" MILL AND OVERLAY EXISTING DRIVEWAY FROM LIMIT OF FULL 60' LONG SEGMENTAL RETAINING DEPTH TO HAYDEN AVENUE PAVER ACCESS 20' WIDE TURF DAYLIGHT STREAM DRIVE CHANNEL KCA BTES LP '7 31 BELOW GRADE LEVEL ELEV = 89.5 GARAGE HEIGHT = 75.0 FEET GROUND LEVEL ELEV = 93.0 1/2 LEVEL BELOW GRADE 8 LEVELS ABOVE GRADE TOP DECK ELEV = 168.0 PARKING GARAGE PROPOSED C C P K B RL A U1 inch = ft. W C 40 O. C N N O C BROOKE LANDSCAPE ARCHITECTS FOR SITE LANDSCAPE/HARDSCAPE '0. 22 SEE "LANDSCAPE PLAN" DATED MAY 24, 2017 PREPARED BY LEMON DAYLIGHT STREAM C C P ELEVATED CHANNEL WALK GRAPHIC SCALE PAVER ACCESS 20' WIDE TURF DRIVE B R K U L PROGRAMMING. C A W O N . K C CABT ES L P N 'O 671 C NOTE: WOODS TRAILHEAD PARKING PERVIOUS ASPHALT HAYDEN MEET AND MATCH EXISTING WALK AREA KCAB TES DR AY TN ORF '0 01 FINISH FLOOR ELEV = 100.0 C C LAB/OFFICE BUILDING P PROPOSED TNE MESA E SAG NIUQ NOGL A EDI W '05 K L A W '0.91 . C N O C P:\\King Street Properties\\17007 (Hayden Lab Planning, 75 Hayden Ave, Lexington)\\04_Design\\Dwg\\02_SD\\pricing 2017-06\\17007_site.dwg Jul 10, 2017 - 4:46pm LIMIT OF MILL AND OVERLAY IMPRINTED PAVEMENT PATCH CONCRETE CONSTRUCTION AFTER UTILITY C C P B R U C O N V GC V GC FC BB ROAD CONSTRUCTION LIMIT OF FULL DEPTH ASPHALT MILL AND SD OVERLAY TN EMESA E SAG NIUQ NOGL A EDI W '05 VEGETATED BORDERING WETLANDS L PACKAGE SEWER EJECTOR E N N A H C ENVIRONMENT I (E-I) M A E R T S T N E T T I M R E T N SEE NAPPA SITE ELECTRIC PLAN FOR PRIMARY ELECTRIC AND I TOP OF PARAPET WALL ELEV (ASSEMED) = 180.8 N I A M E BELOW GRADE LEVEL ELEV = 89.5 CBELOW GRADE LEVEL ELEV = 89.5 R 7 LEVEL PARKING GARAGE HEIGHT = 75.0 FEETGARAGE HEIGHT = 88.0 FEET OGROUND LEVEL ELEV = 92.8GROUND LEVEL ELEV = 93.0 F 1/2 LEVEL BELOW GRADE1/2 LEVEL BELOW GRADE 8 LEVELS ABOVE GRADE8 LEVELS ABOVE GRADE TOP DECK ELEV = 176.8TOP DECK ELEV = 168.0 C 869 SPACES V PROPOSED PARKING GARAGEPARKING GARAGE P GARAGE . A PROPOSEDPROPOSED I TELECOMM DISTRIBUTION D " 5 . 1 L E N N A H C M A E R T NOTE: S 1 inch = ft. 40 WETLAND AREA CONSTRUCTED EXISTING VEGETATED BORDERINGWETLANDS CHIMNEY CONNECTION GRAVITY SEWER WYE SERVICE EXISTING SMH L E N SMH (4' DIA) ST REAM CONNECT SANITARY N CH ANNEL A H C DOGHOUSE 8" SDR M SMH VEGETATEDA BORDERING WETLANDS E KITCHEN R T SEWER WASTE S GRAPHIC SCALE KK D 45 HAYDEN AVENUE L N A U A P B T PVC TEE GREASE TRAP WITH 2,500 GALLON SEWER R E M R OD A F SP N A R TFINISH FLOOR ELEV = 100.0FINISH FLOOR ELEV = 100.0 LAB/OFFICE BUILDINGLAB/OFFICE BUILDING PROPOSEDPROPOSED 55 HAYDEN AVENUE P:\\King Street Properties\\17007 (Hayden Lab Planning, 75 Hayden Ave, Lexington)\\04_Design\\Dwg\\02_SD\\pricing 2017-06\\17007_UT.dwg Jul 10, 2017 - 4:45pm BB SD UNDERGROUND DETENTION EXISTING o o o o o o o o o o o o o o C175C HAPTER OF THE ODE TL OF THE OWN OF EXINGTON PB LANNING OARD SR UBDIVISION EGULATIONS Revised through September July 713, 20176 Chapter 175, Planning Board Subdivision Regulations Table of Contents § 175-1.0AUTHORITY AND PURPOSE......................................................................... 1 1.1.Authority; Title ............................................................................................................. 1 A.Authority. ..............................................................................................................1 B.Title. ......................................................................................................................1 C.Gender neutrality. .................................................................................................1 1.2.Approval and Compliance Required ............................................................................. 1 A.Unapproved Subdivision Prohibited. ....................................................................1 B.Plan to be approved if it complies.........................................................................1 C.Issuance of Building Permits ................................................................................1 1.3.Purpose and Objectives ................................................................................................. 1 A.Purpose. .................................................................................................................1 B.Means. ...................................................................................................................2 1.4.Forms ............................................................................................................................ 2 1.5.Consistency with State Law; Separability .................................................................... 2 A.Consistency with State Law. .................................................................................2 B.Separability. ..........................................................................................................2 C.Invalidation by Changes to State Law. .................................................................2 § 175-2.0DEFINITIONS .................................................................................................... 3 § 175-3.0GENERAL REGULATIONS ............................................................................ 5 3.1.Applicability ................................................................................................................. 5 3.2.Ownership ..................................................................................................................... 5 A.Consent of Owners Required for All Applications. ..............................................5 B.Rights of Others in Land Shown on Plan..............................................................5 3.3.Applications.................................................................................................................. 5 A.Contact with Town Departments Through Planning Department. .......................5 B.Pre-Application Conference..................................................................................5 C.Applications Submitted Through Planning Department.......................................5 D.Delivery of the Application and Plan....................................................................5 E.Document and Plan Formatting Requirements .....................................................5 F.Complete and Correct Information. ......................................................................6 G.All Actions at Public Meetings. ............................................................................6 H.No Alteration to Approved Plan. ..........................................................................6 I.Obtain All Permits and Rights. .............................................................................6 3.4.Fees ............................................................................................................................... 6 A.Objectives. ............................................................................................................6 B.Fees Required........................................................................................................6 C.Costs of Advertising and Holding Public Hearing. ..............................................6 D.Expense of Preparing Plans and Other Documents. .............................................7 E.No Refund upon Withdrawal................................................................................7 F.Fee Schedule. ........................................................................................................7 3.5.Waivers ....................................................................................................................... 10 A.Waiver of Specific Rules and Regulations. ........................................................10 i Table of Contents B.Application for a Waiver. ...................................................................................10 C.Effect of Not Requesting or Granting a Waiver.................................................10 D.Decision on Request for a Waiver. .................................................................1011 § 175-4.0APPROVAL NOT REQUIRED PLANS ........................................................ 13 4.1.Applicability ............................................................................................................... 13 A.General. ...............................................................................................................13 B.Criterion..............................................................................................................13 4.2.Submission .................................................................................................................. 13 A.Number of Copies. ..............................................................................................13 B.Information Required. .........................................................................................13 C.Information on Plan. ...........................................................................................13 4.3.Review and Decision Process ..................................................................................... 14 A.Action on Application by Planning Board..........................................................14 B.Action on Application by Planning Director. .....................................................14 4.4.Endorsement ............................................................................................................... 14 A.Endorsement. ......................................................................................................14 B.Endorsement is Not an Approval. .......................................................................14 C.Plans that Do Require Approval. ........................................................................15 D.Failure to Act within 21 Days. ............................................................................15 E.Procedure and Time Allowed for Recording......................................................15 4.5.Endorsement Criteria .................................................................................................. 15 A.Criteria. ...............................................................................................................15 B.Existing Buildings. ..............................................................................................15 C.Frontage on Unaccepted Street. ..........................................................................15 D.Frontage on Subdivision Street. ..........................................................................15 § 175-5.0PRELIMINARY SUBDIVISION PLANS ...................................................... 17 5.1.Applicability ............................................................................................................... 17 A.Residential Subdivisions. ....................................................................................17 B.Nonresidential Subdivisions...............................................................................17 5.2.Relation to Sketch Plan ............................................................................................... 17 5.3.Submission .................................................................................................................. 17 A.Number ofCopies. ..............................................................................................17 B.Information Required..........................................................................................17 5.4.Decision ...................................................................................................................... 18 A.Scope of Decision. ..............................................................................................18 B.Approval Criteria. ...............................................................................................18 C.Relationship to Definitive Plan. ..........................................................................18 § 175-6.0DEFINITIVE SUBDIVISION PLANS ........................................................... 19 6.1.Submission .................................................................................................................. 19 A.Coordination by landscape architect. ..................................................................19 B.Number of Copies. ..............................................................................................19 C.Plans required......................................................................................................19 D.Information Required. .........................................................................................22 6.2.Decision .................................................................................................................. 2324 A.Scope of decision. ...........................................................................................2324 Page ii of 47 Table of Contents B.Approval criteria. ............................................................................................2324 C.Time for decision. ...............................................................................................24 D.Board failure to act..............................................................................................24 E.Appeal of decision to court.................................................................................24 6.3.Mandatory Conditions ................................................................................................ 24 A.Failure to Obtain Endorsement. ..........................................................................24 B.Failure to Complete Construction. ......................................................................24 C.Construct Streets and All Required Utilities. ..................................................2425 D.Perpetual Rights and Easements. ....................................................................2425 E.Post-Construction Responsibilities of owners. ...................................................25 6.4.Recording of Definitive Plans ..................................................................................... 25 A.Plan. ....................................................................................................................25 B.Certificate of Action. ......................................................................................2526 C.Supplemental Covenant. .................................................................................2526 6.5.Security ................................................................................................................... 2526 A.Security for Construction of Ways and Improvements Required. ..................2526 B.Bond or Surety. ...................................................................................................26 C.Construction Mortgage Agreement. ....................................................................27 D.Statutory Covenant..............................................................................................27 E.Converting Covenant to another Performance Guarantee. .................................27 F.Converting Bond, Deposit, or Agreement to Covenant. .....................................28 6.6.Release of Security ..................................................................................................... 28 A.General. ...............................................................................................................28 B.Refusal. ...........................................................................................................2829 C.Constructive Release. ..........................................................................................29 D.As-Built Plans. ....................................................................................................29 6.7.Amendment, Modification, or Rescission.............................................................. 2930 A.General. ...........................................................................................................2930 B.Procedure. .......................................................................................................2930 C.Effect. ..............................................................................................................2930 § 175-7.0REQUIRED IMPROVEMENTS AND DESIGN STANDARDS ................. 31 7.1.Site Design .................................................................................................................. 31 A.Site design objectives..........................................................................................31 B.Lots; property rights. ...........................................................................................31 C.General construction requirements. ....................................................................33 7.2.Streets and rights-of-way ............................................................................................ 33 A.Complete Streets design objectives. ...................................................................33 B.Layout and alignment of the street system. ........................................................34 C.Extension to adjoining land. ...............................................................................35 D.Street classification. ............................................................................................35 E.Design standards for streets and rights-of-way. ..................................................36 F.Construction of streets. .......................................................................................39 7.3.Walks and paths .......................................................................................................... 40 A.Sidewalks. ...........................................................................................................40 B.Footpaths and trails. ............................................................................................40 C.Bicycle path or recreational path. .......................................................................41 iii Table of Contents 7.4.Utilities and underground facilities ............................................................................. 41 A.Standards for water and sewer service. ...............................................................41 B.Water mains. .......................................................................................................41 C.Sanitary sewers...................................................................................................41 D.Electric power and communication lines. ...........................................................41 7.5.Storm water Management ........................................................................................... 42 A.Objectives. ..........................................................................................................42 B.Hydraulic calculations. .......................................................................................42 C.Capacity. .............................................................................................................42 D.Aboveground Stormwater retention areas; release rate. .....................................42 E.Alteration of drainage pattern. ............................................................................42 F.Design standards for structured system. .............................................................42 G.Drainage easements. ...........................................................................................42 7.6.Trees and landscaping ................................................................................................. 42 A.Objectives and applicability. ...............................................................................42 B.Street trees. ..........................................................................................................43 C.Cul-de-sac plantings............................................................................................43 D.Restoration of slopes. ..........................................................................................43 7.7.Reservation of land for public purposes ..................................................................... 43 A.Designation for reservation.................................................................................43 B.Notation on plan. .................................................................................................43 C.Action by Town within three years. ................................................................4443 § 175-8.0CONSTRUCTION ............................................................................................ 45 8.1.Work Notification to Town Departments ................................................................... 45 A.Preconstruction Conference. ...............................................................................45 B.Notification. ........................................................................................................45 C.Allocation of Risk. ..............................................................................................45 8.2.Inspection .................................................................................................................... 45 A.Access. ................................................................................................................45 B.Notice. .................................................................................................................45 C.Required Inspections. ..........................................................................................46 D.Street Construction..............................................................................................46 E.Reinspection of Incorrect Construction..............................................................46 F.Water and Sewer Mains ......................................................................................47 G.Cost. ....................................................................................................................47 H.Certification of Monuments. ...............................................................................47 I.Completion. .........................................................................................................47 8.3.Disposal of Debris and Waste. .................................................................................... 47 8.4.Certificates of Occupancy during Construction .......................................................... 47 A.Rights of Ways. ...................................................................................................47 B.Fire Hydrants. .....................................................................................................47 Page iv of 47 § 175-1.0. AUTHORITY AND PURPOSE § 175-1.0 AUTHORITY AND PURPOSE 1.1.AUTHORITY; TITLE A. Authority. As authorized by MGL c. 41, ss. 81K through 81GG, known as the "Subdivision Control Law," and under the authority delegated to the Town of Lexington by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts, known as the "Home Rule Amendment," the Lexington Planning Board adopts these Rules and Regulations governing the subdivision of land in Lexington. B.Title.These Regulations areknown and may be cited as the "Subdivision Rules and Regulations" or as the "Subdivision Regulations" or, within this document, as "these Regulations." C. Gender neutrality. These Regulations are gender neutral, any reference to the masculine gender should be interpreted to include the female gender and vice versa. 1.2.APPROVAL AND COMPLIANCE REQUIRED A. Unapproved Subdivision Prohibited. No person may make a subdivision, as defined in the Subdivision Control Law, of any land within the Town of Lexington, proceed with the improvement or sale of lots in an unapproved subdivision or the construction of a street or the installation of municipal services within them or undertake preliminary steps, such as the clearing of land, excavation, site preparation or other preparatory steps, leading to the construction of a street or the installation of municipal services or facilities, for which requirements or standards are in these Regulations, unless and until a definitive subdivision plan has been submitted to, approved, and endorsed by the Planning Board and recorded in the Registry of Deeds or the Land Court, and only then according to the conditions of approval and the procedures set out in these Regulations. B. Plan to be approved if it complies. In accordance with MGL c. 41, s. 81M, the Planning Board must approve any duly filed subdivision plan if the plan conforms to the provisions of these Regulations and conforms to the recommendation of the Board of Health. C. Issuance of Building Permits The Building Commissioner may not issue any permit for erection of a building until first satisfied (a) that the lot on which the building is to be erected is not within a subdivision, or (b) that a way furnishing the access to the lot within a subdivision as required by the Subdivision Control Law is shown on a recorded plan, constructed according to that plan, and that any conditions endorsed thereon limiting the right to erect or maintain buildings on such lot have been satisfied, and (c) that all other applicable requirements have been met. 1.3.PURPOSE AND OBJECTIVES A. Purpose. The powers of the Town of Lexington and of the Planning Board under the Home Rule Amendment of the Massachusetts Constitution are exercised to promote the general welfare and convenience, protecting the health and safety of the residents of Lexington and of adjoining communities that may be impacted by the construction of a subdivision in Lexington by: Identifying and securing, for present and future residents, the beneficial impacts of (1) growth and development; Identifying and avoiding the negative impacts of growth and development; and (2) Page 1 of 4547 § 175-1.0. AUTHORITY AND PURPOSE Ensuring that future growth and development are of a type and design and are in a (3) location served by adequate public services and facilities. B. Means. These Regulations are intended to achieve those purposes by: Providing adequate access to all of the lots in a subdivision by streets and walkways (1) that will be safe and convenient for travel; Lessening congestion in such streets and in the adjacent public streets; (2) Reducing danger to life and limb; (3) Securing safety in the case of fire, flood, panic and other emergencies; (4) Ensuring compliance with the frontage and access provisions of the Lexington (5) Zoning Bylaw; Securing adequate provision for water, sewerage, drainage, underground utility (6) service, fire, police, and other services where necessary in a subdivision; Coordinating the streets and walkways in a subdivision with each other and with the (7) streets and walkways in adjacent neighborhoods; Facilitating a detailed review by Town officials and by the public of proposed (8) subdivisions to determine the adequacy of the facilities proposed to be provided and their impact on public facilities and services and on adjoining land; and Establishing a sequence of review that progresses from the general to the detailed to (9) avoid unnecessary delay or expense to both the Town and the applicant. 1.4.FORMS The Planning Board may create forms for the convenient administration of these Regulations. These forms are not part of the Regulations. Forms may be added or deleted and the content of the forms may be revised from time to time by administrative action of the Planning Board. 1.5.CONSISTENCY WITH STATE LAW; SEPARABILITY A. Consistency with State Law. In the case of conflict between these Regulations and state law, and for matters not covered by these Regulations, the Subdivision Control Law, MGL c. 41, ss. 81K to 81GG, inclusive, and amendments to them, apply. B. Separability. The provisions of these Regulations are separable. If any provision of these Regulations, or any decision or determination in the administration of them, is adjudged by a court of competent jurisdiction to be unconstitutional, invalid, or void, the court's decision does not affect any other provision of these Regulations or the administration of them. C. Invalidation by Changes to State Law. Any part of these Regulations that may later be invalidated by a new state law, or by amendment of an existing state law, must automatically conform to the new or amended state law and will be deemed effective immediately, without recourse to a publichearing and the required procedures for amendment and repeal of these Regulations. Page 2 of 47 § 175-2.0. DEFINITIONS § 175-2.0 DEFINITIONS Regulations In the interpretation of these , the definitions in MGL c. 41, s. 81L, the Subdivision Control Law, and in §135-10.0, Definitions, of the Lexington Zoning Bylaw, are incorporated by reference and apply as if set forth here in full. In addition to those terms, the terms set forth below mean the following. BOARD: The Planning Board of the Town of Lexington. DEAD-END STREET, ROAD, or WAY: Either \[A\] a street providing only one vehicular access route to the general street network of the Town or \[B\] a system of two or more intersecting streets whose overall layout provides only one vehicular access route to the general street network of the Town. Multiple vehicular access points less than 125 feet apart are considered a single access point. ENGINEER: A professional engineer registered to practice in Massachusetts. LANDSCAPE ARCHITECT : A landscape architect registered to practice in Massachusetts. LAND SURVEYOR: A land surveyor registered to practice in Massachusetts. OWNER: An owner of record as shown by the records in the Middlesex County Registry of Deeds or Land Court Registry of any interest in land which is affected by an application. PARCEL: An area of land in one ownership, with definite boundaries, other than a Lot. PLAN, DEFINITIVE : A subdivision plan meeting the requirements of §175-6.0 of these Regulations, and of the Subdivision Control Law for definitive plans. A definitive plan includes supporting materials, which are filed with the Board but not recorded. PLAN, PRELIMINARY: A subdivision plan submitted in accordance with §175-5.0 of these Regulations and with MGL c. 41, s. 81S. PLANNING DIRECTOR: The person appointed under the Lexington Selectmen/Town Manager Act to be the Planning Director for the Town of Lexington, or when authorized, his or her designee. PROFILE: A vertical section of streets, storm drainage, and sanitary sewer facilities. REGISTERED MAIL: Registered or certified mail. REGISTRY OF DEEDS: The Registry of Deeds in Middlesex County, including when appropriate, the recorder of the Land Court. SIGHT DISTANCE: A length of road surface that a particular driver can see with an acceptable level of clarity, computed according to the most recent edition of the American A Policy on Association of State Highway and Transportation Officials (AASHTO) Geometric Design of Highways and Streets . STANDARD SPECIFICATIONS: The latest revision of Town of Lexington, Massachusetts, Department of Public Works Division 2 Standard Specifications. SUBDIVISION CONTROL LAW: Sections 81K to 81GG, inclusive, of MGL c. 41 and any acts in amendmentany amendment, of them, addition, to them or substitution thereforeof them. UTILITIES: Services, including sanitary sewers, storm water drainage systems, water supply piping, fire alarm conduits, electric and telephone wiring, cable television service, natural gas service, and their appurtenances. Page 3 of 4547 § 175-2.0. DEFINITIONS WETLANDS: All resource areas protected under MGL c. 131, s. 40, as may be amended. Buffer areas are excluded from this definition. ZONING BYLAW: The Zoning By-law of the Town of Lexington. Page 4 of 47 § 175-3.0. GENERAL REGULATIONS § 175-3.0 GENERAL REGULATIONS 3.1.APPLICABILITY The rules and regulations outlined in this Section apply to all Applications under these Regulations. 3.2.OWNERSHIP A. Consent of Owners Required for All Applications. The applicant must state the nature of its interest in the property and all owners must sign any application. Where an owner is not a natural person, documents must be submitted indicating who has the authority to enter into an agreement on its behalf. B. Rights of Others in Land Shown on Plan. The Board's approval of a plan does not affect any rights others may have in or onver the land to be subdivided or improved, nor does it give the applicant the right to perform work on land owned by others. 3.3.APPLICATIONS A. Contact with Town Departments Through Planning Department. The Planning Department should be the point of contact for other Town departments when requesting information about site construction for developments subject to these Regulations. B. Pre-Application Conference. The Planning Department staff may hold a pre-application conference with an Applicant. The purpose of the pre-application conference is for the staff to give an interpretation of these Regulations and an explanation of the Board's procedures. Review of proposed plans occurs after an application is filed. C. Applications Submitted Through Planning Department. Requests for action on development activities must first be submitted to the Planning Department staff to be reviewed and scheduled for action at a Board meeting. Such requests may not be presented directly to the Board at a meeting. D. Delivery of the Application and Plan. Filing by delivery or by mail to the Board. The applicant must submit the (1) application, the plan, other documents, if applicable, and the fee: (a) By delivery, during regular working hours, to the Planning Department; or (b)By registered mail to the Lexington Planning Board. Filing or delivery to Board of Health. The applicant must submit an application for (2) approval of a preliminary subdivision plan or a definitive subdivision plan to the Board of Health in accordance with their regulations. Notice to Town Clerk. Where required by Massachusetts law, the applicant must (3) give a written notice of an application to the Town Clerk. E.Document and Plan Formatting Requirements All plans and other application material intended to be recorded must meet the latest (1) version of either the Deed Indexing Standards for the Commonwealth of Massachusetts or the Manual of Instructions for the Survey of Lands and Preparation of Plans to Be Filed in the Land Court. These documents are available Page 5 of 4547 § 175-3.0. GENERAL REGULATIONS, 3.4 3.4 Vertical Datum. All elevations shown on profiles and topographic plans must be (2) based on the North AmericanVertical Datum of 19838 (NAVD838) and identify all benchmarks used and their elevations. Typewritten or printed material must be submitted in 8 1/2 inch by 11-inch format. (3) Oversized brochures or reports will not be accepted. Information in digital form. All submitted information and plansmust be supplied (4) both in written form as required elsewhere in these Regulations andin digital form. The digital information must be submitted in its native format (e.g., MS Word, or AutoCAD) and in Portable Document Format (PDF). F. Complete and Correct Information. The applicant is responsible for the submittal of complete and correct information to the Board, which if not provided may constitute grounds for the rejection of a plan for review, disapproval of a plan or rescission of a previously approved plan. G. All Actions at Public Meetings. All reviews, decisions and other actions of the Board related to an Application must be made atin a public meeting of the Board for which public notice has been given under G.L. c. 30A, §§ 18-25MGL c. 39, s. 23B. H. No Alteration to Approved Plan. No alteration may be made to a plan after it has been approved or endorsed by the Board. I. Obtain All Permits and Rights.. The failure, or inability, to obtain all necessary permits, licenses, releases, or rights may constitute grounds for the disapproval of a plan or rescission of a previously approved plan. 3.4.FEES A. Objectives. The objectives of the fee schedule are: That the costs incurred by the Town of Lexington in the review, approval, and (1) Regulations inspection of plans submitted in compliance with these result primarily from, and should be considered as part of the ordinary cost of, the business of real estate development; To approach a full reimbursement to the Town for the cost of providing the review, (2) approval, and inspection of a subdivision or other development proposal and other actions to administer these Regulations; and To create incentives so that applicants will comply fully and accurately with these (3) Regulations to reduce the time spent by Town employees on review, inspection, and administration, particularly of material submitted several times. B. Fees Required. An applicant submitting a proposed plan, a revision to an approved plan or an application for rescission of a previously approved plan must pay the fees indicated in the fee schedule. If the fees do not come with the application, the application will not be accepted for processing. Fees must be paid for the Town's actions relative to the recording of an approved subdivision plan and for the implementation and construction of an approved plan as in the schedule. C. Costs of Advertising and Holding Public Hearing.The applicant is responsible for the costs of publishing the legal notice offor any public hearing. If the Board is required to hold the public hearing in a building other than the Town Office Building and there are costs associated with meeting in another building the applicant is responsible for those costs. Page 6 of 47 § 175-3.0. GENERAL REGULATIONS, 3.4 3.4 D. The eExpense of Preparing Plans and Other Documents. The applicant is responsible for the expense of the design, preparation of legal documents, studies, review of plans, recording and filing of plans, reproduction of plans and copies of them or studies and reports related to them and all other expenses in relation to the submittal, review, and actions on an application for approval or endorsement of a plan whether it is approved by the Board or not. E.No Refund upon Withdrawal. No fees will be refunded if an application for endorsement or approval of a plan is withdrawn. F. Fee Schedule. Administrative Fees. (1) (a) Applicability. An Administrative Fee will be assessed to offset the expense of review by the Board and its officeTownwith regard to all applications set forth in F.(1)(c), below. (b)Submittal. Administrative Fees must be submitted at the time of the submittal of the application. Failure to submit this payment is grounds for denial of the application. (c) Schedule of Administrative Fees. The following schedule applies to the types of applications to the Board: Application Types Administrative Fees Approval Not Required (ANR) $1,000 plus 500 per new lot Residential Preliminary Subdivision 1 to 3 Lots $1,000 plus 500 per lot 4 to 8 Lots $1,500 plus 500 per lot 9 or more Lots $2,000 plus 500 per lot Non-Residential Preliminary Subdivision $2,000 plus 500 per lot Residential Definitive Subdivision* 1 to 3 Lots $2,000 plus 500 per lot 4 to 8 Lots $3,000 plus 500 per lot 9 or more Lots $4,000 plus 500 per lot Non-Residential Definitive Subdivision $4,000 plus 500 per lot Modifications $1,500 * One payment of a fee for a residential preliminary plan is creditable to the initial fee for a definitive plan. If more than one fee is paid for a preliminary plan, only the first of those payments is creditable to the initial fee for a definitive plan. (d)Fees for Revised Applications. Because the Administrative Fee is based on the proposed number of lots, should the proposed number of lots increase, the applicant must pay a fee equivalent to the difference between the original fee paid and the fee that would have been paid had the original submission Page 7 of 45 § 175-3.0. GENERAL REGULATIONS, 3.4 3.4 included the additional lots. Failure to make this payment is grounds for denial of the application. (e) Fee Waivers. The Board may waive or reduce any Administrative Fee, if, in the opinion of the Board, unusual circumstances exist regarding the subject property or the applicant. (f) Refund. Once the review process has begun, the Board will not refund Administrative Fees, including the case of withdrawal of the application by the applicant. PROJECT REVIEW FEES. (2) (a) Applicability. In addition to an Administrative Fee, the Board may impose a Project Review Fee on those applications which require, in the judgment of the Board, review by outside consultants due to the size, scale or complexity of a proposed project, the project's potential impacts, or because the Town lacks the necessary resources to perform the review work related to the permit or approval. In hiring outside consultants, the Board may engage engineers, planners, lawyers, designers, or other appropriate professionals able to assist the Board and to ensure compliance with all relevant laws, ordinances, by- laws, and regulations. Such assistance may include, but shall not be limited to, analyzing an application, monitoring or inspecting a project or site for compliance with the Board's decisions or regulations, or inspecting a project during construction or implementation. (b) Submittal. Should the Board require outside review, a Project Review Fee must be submitted to the Planning Department for deposit in an account established pursuant to G.L. c. 44 s. 53G (53G Account). Failure to make this payment is grounds for denial of the application. (c) Schedule of Project Review Fees. The following schedule applies to the types of applications to the Board set forth below. Where more than one type of application has been submitted for Board action, only the largest of the applicable Project Review Fees may be collected for deposit into the 53G Account, and not the sum of those fees. \[1\] Initial Preliminary Plan, Modification of a Preliminary Plan, or Modification of a Definitive Plan: Project Size Fee 1-15 Lots $ 2,000 16 -20 Lots $ 3,000 21 -25 Lots $ 4,250 More than 25 Lots $ 5,000 \[2\] Initial Definitive Plan: Project Size Fee 1-15 Lots $ 4,000 16 -20 Lots $ 6,000 21 -25 Lots $ 10,000 More than 25 Lots $ 20,000 Page 8 of 47 § 175-3.0. GENERAL REGULATIONS, 3.4 3.4 (d)Replenishment. When the balance in an applicant's 53G Account falls below twenty-five percent (25%) of the initial Project Review Fee, as imposed above, the Board may require a Supplemental Project Review Fee to cover the cost of the remaining project review. Failure to make this payment is grounds for denial of the application. (e) Inspection Phase. After the approval of a Definitive Plan, the Board may require a Supplemental Project Review Fee toensure the availability of funds during the inspection phase of the review process. Failure to make this payment is grounds for rescission of approval. (f) Handling of Project Review Fees. Project Review Fees must be turned over to the Town Treasurer by the Planning Department for deposit into a 53G Account. \[1\] Outside consultants retained by the Board to assist in the review of an application must be paid from this account. \[2\] The Board must provide the following information in a timely fashion on request of the applicant: \[a\] A statement of principal and interest based on information from the Town Accountant; \[b\] A report of all checks authorized for issuance; and \[c\] An estimate of bills pending from consultants for work completed, or in progress, but not invoiced. \[3\] Remaining funds in the 53G Account, including accumulated interest, must be returned to the applicant or the applicant's successor in interest, at the conclusion of the review process, as defined below. For the purpose of this section, any person or entity claiming to be an applicant's successor in interest must provide the Board with documentation establishing such succession in interest. \[a\] With the approval or disapproval of a Preliminary Subdivision Plan. \[b\] With the disapproval of a Definitive Subdivision Plan. \[c\] With the release of the performance bond at the end of construction of an approved Definitive Subdivision Plan. (g)Appeal. The choice of a consultant by the Board for the review of an application may be appealedby the applicant in writing to the Board of Selectman as provided in MGL c. 44 s. 53G. The required time limits for action upon an application by the Board are automatically extendedfor the duration of the appeal. DELINQUENT ACCOUNTS. The following rules apply to fees owed to the Board (3) by applicants: (a) Due date. Administrative fees are due at the time of submittal of an application. Project Review fees and Supplemental Project Review fees are due within 14 days from the date that the Board determines that they are required. Page 9 of 45 § 175-3.0. GENERAL REGULATIONS, 3.5 3.5 (b) Monthly Interest Charge. All fees past due by one month from the date of invoice are subject to a monthly interest charge based upon an annual interest rate of 14%. (c) Costs of Collection. All costs of collection associated with past due accounts must be borne by the applicant. (d) Current Delinquents. All applicants owing fees to the Board at the time of any amendment to these provisions of the regulations must be sent the following: \[1\] A duplicate notice of the amount past due. \[2\] A copy of the applicable sections of these regulations with all amendments clearly indicated. \[3\] Notice of a 30-day grace period before the commencement of any changes in interest rates or charges. (e) Failure to pay. Failure to pay delinquent fees, interest, or costs of the collection after 30 is grounds for denial of an application or rescission of an approved application. 3.5.WAIVERS A. Waiver of Specific Rules and Regulations. In accordance with MGL c. 41, s. 81R, the Board may waive strict compliance with specific provisions of these Regulations in any particular case where such action is in the public interest and not inconsistent with the intent and purpose of the Subdivision Control Law and of these Regulations. An applicant is not entitled to a waiver and the Board, in its discretion, may decline to approve a request for a waiver. B. Application for a Waiver. Any person requesting a waiver must submit the following with the application for approval of the subdivision plan: A written request that identifies the specific provision of these Regulations for (1) which the waiver is requested; A plan showing how the site would be developed if the plan complied with that (2) provision of these Regulations and no waiver were granted or a statement that such development is not possible; and A narrative statement that explains how granting the waiver would be in the public (3) interest and not inconsistent with the intent and purpose of the Subdivision Control Law. C. Effect of Not Requesting or Granting a Waiver. If a request for a waiver is not submitted and one or more features of a proposed plan do not follow these Regulations, or the Board does not grant the waiver, the noncompliance may be the basis for disapproval of the application. D. A dDecision on Request for a Waiver. If the Board waives any provision or standard of these Regulations, it must: (1) (a) Determine that its action is in the public interest and not inconsistent with the intent and purpose of the Subdivision Control Law and of these Regulations; and Page 10 of 47 § 175-3.0. GENERAL REGULATIONS, 3.5 3.5 (b)Include specific reasons for its action in the decision approving the subdivision plan. The Board may make its approval of a waiver dependent on such conditions as will (2) achieve the objectives of the provision or standard waived. Page 11 of 45 § 175-4.0. APPROVAL NOT REQUIRED PLANS § 175-4.0 APPROVAL NOT REQUIRED PLANS 4.1.APPLICABILITY A. General.Any person who wishes to record a plan in the Registry of Deeds or in the Land Court and who believes that the plan does not require approval under the Subdivision Control Law may submit the plan to the Board accompanied by documentation, as set forth below, to show that the plan does not require approval. B. Criterion. A plan does not require approval under the Subdivision Control Law if it does not show a subdivision, as defined in MGL c. 41 s. 81L. 4.2.SUBMISSION A. Number of Copies. The submitted application shall include: One original Mylar copy, with signature block; (1) Five large (24 inches by 36 inches) format black line copy; and (2) Ten small (11 inches by 17 inches) format black line copy. (3) B. Information Required. An applicant must submit: Copies of the plan, as described above; (1) A properly executed application form; and (2) Evidence showing the basis upon on which the applicant claims that approval under (3) the Subdivision Control Law is not required. C. Information on Plan. Each Approval Not Required Plans sheet of the plan musthave the following information: Title block containing the name and section designation, if any, of the proposed (1) development; The name of the applicant, and the property owner if not the same; (2) The name, address, and imprint of the professional registration stamp of a (3) professional engineer or land surveyor responsible for the preparation of the plan; A title for each sheet and a number for each sheet, with sheets consecutively (4) numbered; A visual scale and a North arrow, the direction of which must be the same for all (5)(4) sheets; The date of original preparation and the date of each of any laterrevisions, with the (6)(5) revisionsnoted; Space for endorsement by the Board, with room for the signature of each member, (7)(6) and the date of the endorsement below the signatures; A legend denoting any signs and symbols used on the plan and not otherwise (8)(7) explained. The names of the owners of all abutting lots and parcels as they appear on the most (9)(8) recent Real Estate Tax Commitment List prepared by the Board of Assessors; All lots and parcels affected by the proposed change in property line(s); (10)(9) All existing and proposed property lines, lot frontages, lot areas, and (11)(10) easements that may affect access to a lot. Each lot must show both the street Page 13 of 4547 § 175-4.0. APPROVAL NOT REQUIRED PLANS, 4.3 4.4 address and street number, if assigned, as shown on the Assessors' property maps. Proposed lots must be numbered and parcels be lettered for identification; The name of the street providing frontage and access to the lots; the width of (12)(11) the right-of-way and the width of the street pavement, including any variations in width, along the frontage of the lots which are being subdivided; The status of the street along the frontage of the lots, i.e. whether the street is (13)(12) a public way, a way shown on an approved subdivision planand constructed according to that plan, or a way in existence on April 4, 1948. If the street changes from one status to another, the line at which the status changes must be shown by means of dimensions from a reference point that can be readily determined; The location of all permanent bounds, markers, and monuments clearly (14)(13) differentiated as to whether existing or proposed; The words "Planning Board approval under Subdivision Control Law not (15)(14) required" must appear above the space for the signatures; a line for the date of the Board's action and the words "The endorsement above is not a determination by the Planning Board as to compliance with the Zoning Bylaw" must appear below the space for the signatures. 4.3.REVIEW AND DECISION PROCESS A. Action on Application by Planning Board. Within 21 days of receipt of a complete application, and without holding a public hearing, the Board must determine whether the plan requires approval under the Subdivision Control Law. B. Action on Application by Planning Director. If the Board does not meet within 21 days of receipt of a plan which an applicant believes does not require approval, because no Board meeting is scheduled, or if a scheduled meeting is canceled or postponed due to lack of a quorum or weather conditions, the Planning Director is authorized to act for the Board and must note the authorization on the plan. He or she must first: Review the plan with the Chairman or, in his or her absence, the Vice Chairman of (1) the Board; Determine whether the plan constitutes a subdivision as defined by MGL c. 41, s. (2) 81L; and Either endorse the plan or not endorse the plan, in which case he or she must notify (3) the applicant and the Town Clerk of the reasons for not endorsing the plan. 4.4.ENDORSEMENT A. Endorsement. If the Board determines that the plan does not require approval, the majority of the members must endorse the plan with their signatures. If the Board is not able to sign the plan at that time, the Board may authorize the Planning Director to sign the plan and such authorization must be noted on the plan. If the Board endorses a plan not requiring subdivision approval, it may add notes indicating why approval is not required. B. The eEndorsementis Not an Approval. Endorsement of the plan is not an approval of any subdivision or a determination by the Board as to conformance with the Zoning Bylaw. It is only an endorsement that the plan does not require approval under the Subdivision Control Law. Page 14 of 47 § 175-4.0. APPROVAL NOT REQUIRED PLANS, 4.5 4.5 C. Plans that Do Require Approval. If the Board determines that the plan does require approval under the Subdivision Control Law, it must, within 21 days of receipt of a complete application, give a written notice of its determination, stating its reasons, to the Town Clerk and to the applicant. D. Failure to Act within 21 Days. If the Board, or the Planning Director as provided in § 175-4.3B, fails to act upon a plan considered to be complete or fails to notify the Town Clerk of its reasons for not endorsing the plan within the required twenty-one-day period, the plan must be deemed not to require approval under the Subdivision Control Law. The applicant may then request, and the Town Clerk must issue, a certificate that the plan is approved because of the Board's failure to act. E.Procedure and Time Allowed for Recording. The applicant must record the endorsed plan within the time provided for in the Subdivision Control Law at the Registry of Deeds and must furnish the Planning Department with a certified copy of the plan, as recorded. 4.5.ENDORSEMENT CRITERIA A. Criteria. The Board must determine that approval under the Subdivision Control Law is not required and must endorse the plan if and only if each lot and parcel shown on the plan either: Has at least the minimum frontage on a street required by the Zoning Bylaw, or (1) Is to be joined to an abutting lot and the following note appears on the plan: "Parcel (2) X is to be joined to Lot Y and is not to be considered to be a separate lot. or The For the purposes of the Subdivision Control Law, parcel X cannot be (3) used for the site for a building.. B. Existing Buildings. Notwithstanding the criteria above, the Board must endorse a plan where every lot or parcel shown on the plan: Containsa substantial building which existed on April 4, 1948; or (1) Is to be joined to an abutting lot and the following note appears on the plan: "Parcel (2) X is to be joined to Lot Y and is not to be considered to be a separate lot. or The For the purposes of the Subdivision Control Law, parcel X cannot be (3) used for the site for a building. C. Frontage on Unaccepted Street. An unaccepted street not shown on a plan approved under the Subdivision Control Law must meet the standards for streets and ways described in Section 7.2 of these Regulations to provide the frontage required in § 175- 4.5A. D. Frontage on Subdivision Street. An unaccepted street shown on a plan approved under the Subdivision Control Law must meet the following conditions to provide the frontage required in § 175-4.5A: The construction of the subdivision street has been completed, has been approved (1) by the Town Engineer and the Board, and the surety being held for completion of the subdivision has been released; or An ANR plan may be submitted to change the shape or size of lots shown on a (2) previously approved subdivision plan, provided the approved way is built or a performance guarantee is in place. Page 15 of 45 § 175-5.0. PRELIMINARY SUBDIVISION PLANS § 175-5.0 PRELIMINARY SUBDIVISION PLANS 5.1.APPLICABILITY A. Residential Subdivisions. The Board recommends, but does not require, a preliminary subdivision plan for residential subdivisions. B. Nonresidential Subdivisions. As required by MGL c. 41, s. 81R, preliminary subdivision plans for nonresidential subdivisions are required before submission of a definitive subdivision plan. 5.2.RELATION TO SKETCH PLAN When land which is the subject of a special permit residential development under §135-6.9 of the Zoning Bylaw Development Regulations, may be submitted in lieu of a preliminary plan. 5.3.SUBMISSION A. Number of Copies. The submitted application shall include: One original, copy-ready application packet (including any drainage and storm (1) water management plans); Ten bound copies of the application packet (excluding any drainage and storm (2) water management plans); Three copies of the drainage and storm water management plans; (3) Four large (24 inches by 36 inches) format sets of plans; (4) Five large format site construction sheets; (5) Ten small (11 inches by 17 inches) format sets of plans; and (6) B. Information Required. Each sheet of the plan must have the following general information: The subdivision name, boundaries, north point, date, scale, legend, and title (1) The names of the record owner and the applicant and the name of the designer, (2) engineer or surveyor; The names of all abutters, as determined from the most recent local tax list; (3) The existing and proposed lines of streets, ways, easements and any public areas (4) within the subdivision in a general manner; The proposed system of drainage, including adjacent existing natural waterways, in (5) a general manner; The approximate boundary lines of proposed lots, with approximate areas and (6) dimensions; The names, approximate location and widths of adjacent streets; and (7) The topography of the land in a general manner. (8) In addition, the applicant must submit a written list of all waivers, citing specific provisions of these Regulations that are needed for the preliminary subdivision plan to be approved. Page 17 of 4547 § 175-5.0. PRELIMINARY SUBDIVISION PLANS, 5.4 5.4 5.4.DECISION A. The sScope of Decision. Within 45 days after the proper submittal to the Board and to the Board of Health of a preliminary subdivision plan, the Board must approve the preliminary subdivision plan, with or without waivers and conditions, or disapprove the plan, stating the reasons for the disapproval. The Board may include recommendations for features that should be included in a definitive subdivision plan. B. Approval Criteria. The standards for approval of a definitive subdivision plan will be the basis for the decision on a preliminary subdivision plan to the extent permitted by the information submitted as part of a preliminary subdivision plan. C. Relationship to Definitive Plan. Approval of a preliminary subdivision plan does not constitute approval of a (1) subdivision or guarantee that the Board will approve a definitive subdivision plan. The Registry of Deeds is not permitted to record a preliminary subdivision plan. Disapproval of a preliminary subdivision plan does not prevent the submission of a (2) definitive subdivision plan. If a definitive plan complies with the Subdivision Regulations, the Board must approve it. Page 18 of 47 § 175-6.0. DEFINITIVE SUBDIVISION PLANS § 175-6.0 DEFINITIVE SUBDIVISION PLANS 6.1.SUBMISSION A. Coordination by a landscape architect. A landscape architect must be responsible for the coordination of the physical planning of the proposed development. B. Number of Copies. The submitted application shall include: One original, copy-ready application packet (including any drainage and storm (1) water management plans); Ten bound copies of the application packet (excluding any drainage and storm (2) water management plans); Three copies of the drainage and storm water management plans; (3) Four large (24 inches by 36 inches) format sets of plans; (4) Five large format site construction sheets; and (5) Ten small (11 inches by 17 inches) format sets of plans. (6) C. Plansrequired. Information presented in the definitive subdivision plan must be based on field surveys except as noted below. A definitive subdivision plan must include the following: Title Sheet. A title sheet showing depicts all land within 500 feet of any part of the (1) tract that is the subject of the application, and showing: (a) All lot, parcel, and right-of-way lines, in a general manner; (b)Existing structures and contours at two-foot intervals; (c) Principal natural features, as described in the site analysis map, described below, but shown more generally than in the site analysis map; (d)Zoning district boundaries; (e) Recorded easements abutting the tract; and (f) Public facilities or property, such as conservation or recreation land, footpaths, bicycle paths, or streets. Site analysis map. (2) (a) Site analysis map, to be prepared by a landscape architect, showing: \[1\] Existing contours at two-foot intervals; \[2\]Steep slopes, distinguished as follows: \[a\] Slopes greater than 15% but less than 25%; \[b\] Slopes greater than 25% but less than 40%; and \[c\] Slopes greater than 40%; \[3\] Mature trees, distinguishing deciduous from evergreen, and differentiating between them by size as follows: \[a\] Trees with a diameter at breast height (DBH) between 6 and 12 inches \[b\] Trees with DBH between 12 inches and 18 inches; \[c\] Trees with a DBH between 18 inches and 30 inches; and \[d\] Trees with a DBH greater than 30 inches; Page 19 of 4547 § 175-6.0. DEFINITIVE SUBDIVISION PLANS, 6.1 6.1 \[4\] Anote containing the number and total DBH of all trees with a DBH greater than 6 inches; \[5\] Location and results of any soil, percolation and water table tests; \[6\] Areas within the tract subject to easements, rights-of-way, or similar deed restrictions; \[7\] If applicable, a wetlands delineation, prepared by a professional wetlands specialist, identifying: \[a\] The wetland boundaries, \[b\] The buffer boundary, \[c\] The buffer boundary, and \[d\] ; \[8\] Habitats of rare and endangered species; \[9\] Fences, stone walls, trails and rock outcroppings; \[10\] Existing vegetation, including open fields, and unique specimens of vegetation; and \[11\] Areas of visual impact, including viewscapes into and out from the site. (b) Information on topography, slopes, and trees required above may be omitted within areas of the site that are not proposed to be disturbed, if these areas are clearly marked on the plan as areas not to be disturbed. Property Rights and Dimensional Standards Plan. A plan based on an instrument (3) field survey conducted by a land surveyor, showing: (a) The location of existing easements or other property rights affecting the development; (b) The location of any sections of the land to which the Town would be granted property rights, either by easement or transfer of ownership, for street, utility, conservation, recreation or other public purposes; (c) The proposed division or merger of the property into lots and parcels in private ownership; (d) The proposed yard setback in feet for buildings and, if applicable, from a zoning district boundary and, if applicable, the setback of a driveway or parking lot from lot lines; (e) The proposed boundaries of any common open space; (f) Proposed bounds, markers, or monuments; (g) If applicable, zoning district boundary lines and the Town boundary line; Site construction plan, prepared by a landscape architect and a civil engineer, (4) showing in a general manner, where applicable: (a) The location of existing and proposed buildings; (b) Existing and proposed contours; (c) If applicable, a delineation of vegetated wetlands, with the buffers described in (2)(a)(7) above; Page 20 of 47 § 175-6.0. DEFINITIVE SUBDIVISION PLANS, 6.1 6.1 (d)The proposed location and dimensions of streets, drives, parking areas, curb cuts, streetlights, and driveway aprons; (e) The proposed drainage system in general; (f) The proposed landscaping in general; (g)A proposed limit-of-work line outside of which no land or natural features will be disturbed; and (h)A note indicating amounts of earth material being removed, added, or reused on site. Street layout and profile plans, prepared by a civil engineer, with each street shown (5) on a separate sheet and consisting of a street layout plan and a street profile plan matching the street layout plan, as follows: (a) Street layout plans that show the layout of each proposed street within the development and beyond it to the limit of the proposed construction necessary to provide adequate access and connection to municipal services: \[1\] The length of each straight segment to the nearest one hundredth of a foot and the bearing of them to the nearest five seconds; \[2\] The length, central angle, radius and length of tangent for each curved segment to the same degree of precision as the straight lines and clearly identifying each non-tangent curve; \[3\] All existing and proposed construction features, such as pavement, walks, curbs or berms, drains, catch basins, manholes, sewers, water mains, other underground conduits where known, retaining walls, traffic islands, grass plots, and gutters; \[4\] Center-line stations designated at one-hundred-foot intervals at or opposite points of tangency; \[5\] Angles in the street line, manholes, catch basins and culverts; and \[6\] Sight lines for entering and merging traffic at street intersections and driveway intersections and other necessary data pertaining to traffic safety; (b)Street profile plans that match the street layout plans and are located either above or below them for ease in locating corresponding points: \[1\] The existing side lines and existing and proposed center lines with elevations every 50 feet and at all high and low points; \[2\] The grade of the principal segments of the proposed street, showing the location of vertical curves and corresponding data; \[3\] All proposed sewers, drains, catch basins, manholes, cleanouts, siphons and other appurtenances identifying the material, class or strength and size of sewers and drains and the grade for each section of them in percent; and \[4\] The centerline stations and invert elevations of all catch basins, manholes, cross drains or culverts. Utilities plan, to be prepared by a civil engineer, showing: (6) Page 21 of 47 § 175-6.0. DEFINITIVE SUBDIVISION PLANS, 6.1 6.1 (a) The location and size of existing water mains, fire hydrants, sanitary sewers, and storm drains; and (b) The proposed location and size of utilities to be constructed on the site and their proposed connections to existing utilities, and any special features, such as culverts or pumping stations, that might affect the ability of the Town to service the development. Landscape plan, prepared by a landscape architect, showing: (7) (a) Existing and proposed grades, (b) The existing vegetative cover to be retained, (c) Existing trees with a 6-inch DBH or greater, identified as: \[1\] Trees to be retained \[2\] Trees to be removed, and \[3\] Trees to be transplanted; (d) Existing and proposed stone walls (e) Proposed building footprints, walls, fences, parking spaces, loading bays, driveways, walks, storage areas, rights-of-way, easements, and location of structures on, and the uses of, abutting properties; (f) A plan and plant schedule giving botanical and common names of plants to be used, size at time of planting, mature size, rate of growth, quantity of each, location and method of any excavation and soil preparation, and the spacing and location of all proposed trees, shrubs and ground covers; (g) Proposed street furniture, such as regulatory and informational signs, benches, hydrants, street lighting standards, postal boxes, transformer pads and the like; and D. Information Required. The following information must be included in the application: Hydrologic and drainage analysis. Hydrologic and drainage analysis prepared by a (1) civil engineer, documenting compliance with §175-7.5, Storm Water Management, of these Regulations; Soil surveys, test pits, and test borings. Test pits and test borings prepared by a civil (2) engineer, taken at one-hundred-foot intervals at the proposed station points as described in the street layout and profile plans and at the proposed location of any infiltration structures,or at such other points as the Town Engineer may request; Deed or easement. Drafts of any deed, easement, covenant, or restriction to be (3) offered to the Town; Site development conditions. Proposed conditions limiting parts of the site, (4) maintaining or enhancing existing natural features, making site improvements or landscaping, or accepting or assigning responsibility for maintenance; Off-site improvements. Proposals for mitigating measures or the design or (5) construction of off-site improvements (or financial contributions for them) to deal with the impacts of the proposed development; The methods for protecting plant materials during and after construction; (6) A written list of all waivers, if any are requested, from these Regulations; (7) Page 22 of 47 § 175-6.0. DEFINITIVE SUBDIVISION PLANS, 6.2 6.2 If a preliminary subdivision plan was previously filed, a written response to the (8) Board's comments and recommendations in its decision; If applicable, copies of agreements granting the applicant rights essential to (9) development of the land and construction work involved, including the right of access toover existing ways; Easements. Draft language for both proposed permanent and temporary easements; (10) Maintenance by Owners. Draft documents providing for the operation and (11) maintenance of landscaping, streets, and utilities by the property owners, including: (a) An Operation and Maintenance Plan prepared by an Engineer which identifies necessary maintenance and inspection tasks both during and after construction to maintain the proper and safe operation of the drainage system. The Board may require that: \[1\] Inspections be performed after accumulation of specific depths of sediment, after major storm events and at regularly established time intervals; \[2\] Certain technical inspections be performed by an Engineer; \[3\] Inspections or maintenance be performed at specific times of the year when they are expected to be most effective; \[4\] A description of maintenance and the results of inspections be reported to the Planning Department; (b)An agreement allocating the responsibility for and costs of maintenance among the owners; Phasing. A document describing: (12) (a) The methods to be used during construction to control erosion and sedimentation through use of sediment basins, mulching, matting, temporary vegetation, or covering of soil stockpiles; (b)The approximate size and location of portion of the parcel to be cleared at any given time and length of time of exposure; and (c) The phased construction, if any, of any required public improvements, and how such improvements are to be integrated into subdivision development; Copies of all reports, applications for permits, etc., or permits issued, and all (13) amendments to them, which are relevant to the decision which the Board must make, which have been filed by the applicant with all federal, state and local agencies, and all responses from these agencies. 6.2.DECISION A. The sScope of the decision. The Board must file a written decision with the Town Clerk approving, approving subject to conditions, or disapproving the definitive subdivision plan. If the application is disapproved, the Board must state in detail where the plan does not follow these Regulations or the recommendations of the Board of Health. B. Approval criteria. An application for approval of a definitive subdivision plan will be approved if it meets all of the following criteria: The submittal complies with these Regulations and with the applicable provisions (1) of the Zoning Bylaw; Page 23 of 47 § 175-6.0. DEFINITIVE SUBDIVISION PLANS, 6.3 6.3 The application follows the procedural requirements of these Regulations; (2) The plan meets the standards for site design set forth in §175-7.0 of these (3) regulations; and The Board of Health has approved the plan, and a favorable recommendation sent (4) to the Board, or 45 days from the date of filing with the Board of Health has elapsed without a recommendation being sentto the Board. C. Time for decision. The Board's decision must be filed with the Town Clerk within 90 days of the filing for a definitive plan for which a preliminary subdivision plan has been filed, and within 135 days for a definitive plan for which no preliminary subdivision plan has been filed. These deadlines may be extended by mutual agreement between the applicant and Board. D. Board failure to act. If the Board fails to act upon an application, or fails to notify the Town Clerk of its action, within the required time, or within the time as may be extended, the plan must be deemed to be approved. E. The aAppeal of the decision to court. The applicant, any municipal officer or board, or any person aggrieved by the decision of the Board, or by the failure of the Board to take final action within the time prescribed herein, may appeal to the Superior Court of Middlesex County or the Land Court. Such appeal must be entered within 20 days after the Board's decision is filed with the Town Clerk or within 20 days after the expiration of the time prescribed herein if the Board has failed to take final action. 6.3.MANDATORY CONDITIONS The Board must include the conditions set forth below in any approval of a definitive plan. A. Failure to Obtain Endorsement. The applicant must obtain the endorsement of the Board within 180 days of the date of approval. Failure to do so may result in the rescission of the approval. B. Failure to Complete Construction. The applicant must complete the construction of all ways and services within two years of the date of endorsement of the Definitive Plan. Failure to do so may result in the rescission of the approval of such plan, unless the Board extends said period, for good cause shown, after the written request of the applicant not less than 30 days before the expiration of said period. C. Construct Streets and All Required Utilities. As a condition of approval of a subdivision, the applicant agrees to construct streets and complete all other work specified on the Definitive Plan or required under these Regulations, meet all relevant provisions of the Zoning Bylaw and other bylaws, including installation of required utilities in such subdivision, and all work incidental to them, such as grading of lots to provide drainage, construction of retaining walls and other details or as specifically required by the Board. D. Perpetual Rights and Easements. As a condition of approval of a subdivision, the owner must grant to the Town a (1) right and easement to construct, repair, replace, extended, operate, use and forever maintain all water mains, sewer mains, and all surface and subsurface storm water drains in, through or under the streets and easements as indicated on the Definitive Plan. In consideration of being allowed to connect to public street system and to enable (2) the Town to protect public health and safety, the owner must grant the Town the Page 24 of 47 § 175-6.0. DEFINITIVE SUBDIVISION PLANS, 6.4 6.5 perpetual right or easement to pass and repass over the streets and easements in the subdivision, and to use, operate, inspect, repair, renew, replace, and forever maintain the streets, street signs, and all appurtenances or components of them, in all of the subdivision and outside it if installed to serve the subdivision. To accomplish this, the owner must retain and reserve the necessary rights and easements in any conveyances or mortgaging of land or lots and in therecording of plans and easements. The owners must grant the Town the right to enforce on-street parking regulations (3) within the subdivision and on any streets connecting the subdivision to the public street system. For projects that include minor streets, an instrument prohibiting parking and granting the Town enforcement rights will be required. E.Post-Construction Responsibilities of owners. Notwithstanding the provisions of §175- 6.3D, it is the responsibility of the owners and successors in title to all or any portion of the subdivision to maintain the landscaping, streets, and utilities within the subdivision until formally accepted by the Town. The owner must provide a supplemental covenant agreeing to maintain the streets and utilities, including snow removal, and permitting the Town to maintain them if necessary at the expense of the owners. 6.4.RECORDING OF DEFINITIVE PLANS A. Plan. If no notice of appeal has been filed with the Town Clerk,or if an appeal has been taken and disposed of in a way which leaves the definitive plan approved and the Town Clerk has endorsed the Plan to that effect, any required modifications have been made or referred to on the plan, together with any conditions of approval, and the agreed-upon security has been accepted by the Board, the Board must endorse its approval on the plan, including the dates of approval and of endorsement, and return the plan originals to the applicant. The applicant must record the original Property Rights and Dimensional Standards Plan and Street layout and profile plans in the Registry of Deeds or file the Property Rights and Dimensional Standards Plan in the Land Court, as appropriate, within 180 days of the date of approval. The applicant must inform the Board in writing of the date and book and page or document number of recording. B. Certificate of Action. The certificate of action and any easements and covenants must be recorded at the same time as the plans. C. Supplemental Covenant. The Board may require, before the endorsement of the Definitive Plan, a supplemental covenant containing those conditions of approval that are intended to survive the release of the Statutory Covenant. must approve such covenant as to form. Such covenant must be executed and duly recorded by the owners of record, and must run with the land. The covenant must be referenced on the Definitive Plan before recordation in the Registry of Deeds. The applicant must promptly, after recording, send a copy of the covenant, showing book and page number, to the Board. 6.5.SECURITY A. Security for Construction of Ways and Improvements Required. The Board must not endorse its approval on the plans until security for the construction of ways and the installation of the required municipal services and other improvements to serve the subdivision has been provided. One of the methods in this section must be selected, but Page 25 of 47 § 175-6.0. DEFINITIVE SUBDIVISION PLANS, 6.5 6.5 may be varied from time to time by the applicant, so that different parts of the subdivision may be secured by different methods, as long as the entire subdivision is secured by one method or another. B. Bond or Surety. The applicant may give a bond, bankbook, or other readily negotiable security in the amount estimated by the Board to fully cover the cost, including inflation and contingencies, of constructing the ways and installing the municipal services or utilities to serve the lots enumerated in such bond or in a separate agreement referring to such bond. Such bond or security if filed or deposited must be approved as to form by the Board Legal Counsel and as to sureties by the Town Treasurer. Such bond or security must be contingent on the completion of such improvements not later than three years from the date of the endorsement of the definitive plan. Failure to so complete will result in the automatic rescission of the approval of the Definitive Plan by the Board, unless the Board extends said period, for good cause shown, after the written request of the applicant beforethe expiration of said period. Upon satisfactory performance of all required work, the bond or other security may be released by a vote of the Board and returned to the applicant. Upon failure to satisfactorily complete the work within the time specified, or within such further time as the Board may grant, the Board must have the right to enforce said bond or realize upon other security to the extent necessary to complete the work to the satisfaction of the Board. In accordance with MGL c. 41 s. 81U, the Board may expend the proceeds of such bond or deposit not exceeding $25,000 without specific appropriation by the Town, provided the Board of Selectmen approves the expenditure. At the anniversary date of posting of a bondor other security and when circumstances otherwise calls for such action, the Town may verify that the security is still in force and effect, and that the surety or financial institution is solvent and capable of paying the required amount. Amount. In determining the amount of the bond or surety, the Board will be (1) informed by the following formula in setting the sum of the security: (a) The estimate of the cost to complete the work; plus (b) A ten percent contingency; plus (c) Cost increases due to inflation over a five- year period; plus (d) Costs associated with as-builts and street acceptance plans. Required Terms. All performance bonds must contain the following provision: (2) If the Principal fully and satisfactorily observes and performs per the qualifications and time schedule set forth here specified all the covenants, agreements, terms, and provisions in the following: (a) The application for definitive plan approval; (b) The Subdivision Control Law and the rules and regulations of the Planning Board which govern this subdivision; (c) The Decision of the Planning Board dated _______ and attached to this as Exhibit A; and (d) The definitive plan, as approved by the Planning Board in the Decision; Then this obligation is void; otherwise, it remains in full force and effect and the sum must be paid to the Town of Lexington as liquidated damages. Page 26 of 47 § 175-6.0. DEFINITIVE SUBDIVISION PLANS, 6.5 6.5 The penal sum of the bond or the amount of other security may be reduced from (3) time to time by the Board upon request of the developer upon the partial performance of the required improvements. C. Construction Mortgage Agreement. The applicant and the lending institution which provides a construction loan for the subdivision may enter into an agreement with the Board, whereby the lender must at all times retain a portion of the loan adequate to cover the cost of all outstanding work of construction of ways and installation of municipal services or other required improvements, and release portions of the amount so retained upon certification by the Board that the corresponding portion of the required work has been satisfactorily completed. Upon failure of the applicant to perform the required work within the agreed-upon period, the lender must make so much of the retained money as may be necessary to complete the required work available to the Board. Upon satisfactory completion of all required work, the applicant may request the release of the agreement and proceed in the same manner as under §175-6.6. D. Statutory Covenant. Before the endorsement of the Definitive Plan, the applicant may elect to submit a covenant for review by the Board stating that no lot in the subdivision may be sold and no building may be erected thereon until the improvements specified in the decision and on the Definitive Plan are constructed and installed so as to adequately serve said lot or lots. uch covenant as to form. Such covenant mustbe executed and duly recorded by the owners of record, and must run with the land. Such covenant must state that the improvements shown on the definitive plan must be completed no later than three years from the date of the endorsement of the Definitive Plan. Failure to so complete the improvements may result in the rescission of the approval of the Definitive Plan by the Board, unless the Board extends said period, for good causeshown, after the written request of the applicant no less than thirty (30) days before the expiration of said period. The covenant must be referenced on the Definitive Plan before recordation in the Registry of Deeds. After recording, the applicant must promptly send a copy of the covenant to the Board, showing the book and page number. E.Converting Covenant to anotherPerformance Guarantee. If the applicant desires that lots be released from a covenant and that the improvements remaining to be constructed or installed be secured by another form of performance guarantee, a formal written request must be sent to the Board by registered mail, which sets forth and include: Extent. The extent and scope of remaining work to be completed to satisfy the (1) requirements for the construction or installation of all required ways and municipal services. Estimate. An estimate, under these Regulations, which reflects all remaining costs (2) related to the construction of all required ways and installation of all required municipal services. Form and Type. The form and type of guarantee being given to the Boardto secure (3) all remaining improvements. Board Action. The Board or its agent will make a determination as to the (4) sufficiency of the submitted estimate, and, if such estimate is accepted, a new performance guarantee will be given to the Board. Upon acceptance by the Board Page 27 of 47 § 175-6.0. DEFINITIVE SUBDIVISION PLANS, 6.6 6.6 of the new performance guarantee, all applicable lots must be released from the covenant. F. Converting Bond, Deposit, or Agreement to Covenant. If the applicant desires to secure by means of a covenant the construction of ways and the installation of municipal services in a portion of a subdivision for which no building permits have been granted nor any lots have been sold, and to have the Board release the bond, deposit of money or negotiable security, or agreement and mortgage previously furnished to secure such construction and installation, the applicant must submit to the Board a reproducible tracing and three (3) contact prints of the reproducible tracing of the Definitive Plan, limited to that part of the plan which is to be subject to such covenant. Upon approval of the covenant by the Board, reference to them must be inscribed on such section of the plan, and it must be endorsed by the Boardand recorded with the covenant at the expense of the applicant. Certified copies of all documents that the applicant records at the Registry of Deedsmustbe provided to the Boardas inthese Regulations. 6.6.RELEASE OF SECURITY A. General. Upon completion of required improvements, security for the performance of which was given by the bond, deposit, or covenant, or upon the performance of any covenant with respect to any lot, the applicant, at his expense, must send by Registered or Certified Mail to the Town Clerk and the Board a written statement that the said construction or installation which has been secured in connection with such bond, deposit, covenant or agreement, has been completed per the requirements contained within these Regulations. Such statement must contain: Name and address ofthe applicant. (1) A Compliance Certificate signed by the applicant and signed and sealed by his (2) Engineer stating that the development has been completed according to the Rules and Regulations of the Planning Board and the Bylaws of the Town of Lexington. Copies of or reference to the requisite number of Inspection Forms and Reports. (3) An As-built Plan (see below). (4) A written certification by the Board's engineer that construction of all ways and (5) sidewalks, installation of monuments, street signs, pavement, lighting, gutters, and curbs, required grading and drainage, water mains, hydrants and appurtenances, all sewer mains and appurtenances and planting and seeding has been completed per the Definitive Plan. When applicable, a written certification from the Board of Health that the (6) installation of sewage disposal facilities has been performedsatisfactorily. Copies of or reference to the necessary instruments, executed by the applicant, (7) transferring to the Town all utilities and easements as shown on the Definitive Plan (see below). B. Refusal. If the Board determines that said construction or installation has not been completed, it must specify to the Town Clerk and to the applicant, in writing by Registered or Certified mail, return receipt requested, the details wherein said construction and installation must have failed to follow the requirements contained within these Regulations. Page 28 of 47 § 175-6.0. DEFINITIVE SUBDIVISION PLANS, 6.7 6.7 C. Constructive Release. Upon failure of the Board to act on such application within forty- five (45) days after receipt of them by the Town Clerk and the Board, all obligations under the bond must cease and terminate by operation of law, and any deposit mustbe returned and any covenant must become void. If that said forty-five (45) day period expires without such specification, or without the return of the deposit or release of the covenant as previously mentioned, the Town Clerk must issue a certificate to such effect, duly acknowledged, which may be recorded. D. As-Built Plans. The following as-built plans and profiles, prepared by an Engineer or Land Surveyor, based on an on-the-ground survey done within six weeks of submittal, must be submitted to the Board following the completion of construction and, in addition, at such time during the course of construction as required by the Director of Public Works. These may be new plans or full- size prints of the approved definitive plans showing in red or other clearly distinguishable color all differences between the approved and the actual construction. Where the departures are considered significant, the Board may require corrective work or may require engineering calculations to substantiate acceptability of work as done. All submitted material must also be supplied in digital form, as described in 3.3.E(4). A street layout plan, drawn in ink on linen, at a scale of 1"=40', in aform approved (1) by the Board's engineer as suitable for submission to the Town Meeting for street acceptance for purposes and for filing in the Registry of Deeds. A plan and profile, drawn in ink on linen, or prepared on another suitable, (2) permanent reproducible material, at a scale of 1"=40', detailing street locations, house locations, if any, and grades and the location and elevation of all underground utilities and appurtenances, including rim grades, percent of slope for sewer and drain lines, and contours, of two foot (2') intervals, for a distance of forty feet (40') from the sideline of any street layout, utility easement, the boundaries of any resource protection zoning district, and the boundary of any area which the Conservation Commission has previously determined to be subject to MGL c. 131 s. 40, "as built." The Engineer must obtain, from actual field survey and other sources as may be (3) necessary, such information as is necessary to properly identify any "as built" locations of all underground utilities. 6.7.AMENDMENT, MODIFICATION, OR RESCISSION A. General.Under MGL c. 41, s. 81W, the Board may, upon its own motion or upon the request of any person interested, amend, modify or rescind the approval of a Definitive Plan. Failure to follow these Regulations or the specifications and conditions in the approval of the Definitive Plan may constitute a basis for such action by the Board. Such action may include the utilizing any security posted by the applicant, the rescission of subdivision approval and all other measures provided by law. B. Procedure. The procedure for the amendment, modification, or rescission of a Definitive Plan, under MGL c. 41, s. 81W, must conform to the requirements, to the maximum extent practicable, for approval of an original Definitive Plan as set forth here. C. Effect. The amendment, modification, or rescission of a Definitive Plan may not affect lots sold or mortgaged by the applicant per MGL c. 41, s. 81W. Page 29 of 47 § 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS § 175-7.0 REQUIRED IMPROVEMENTS AND DESIGN STANDARDS 7.1.SITE DESIGN A. Site design objectives. Design objectives. Proposed developments must be located to preserve and enhance (1) the natural features of the site, including tree canopy, to avoid disturbance of environmentally sensitive areas, to minimize adverse impacts of development on adjoining properties, to minimize the alteration of the natural features of the site and to preserve and enhance scenic points, historic buildings and places and similar community assets which add value and attractiveness to the subdivision and the Town. Residential development. The construction of streets and municipal facilities and of (2) dwellings in a residential development must consider topography, natural features, and drainage and must promote privacy for residents, adequate solar access, tree canopy, planting and other natural elements and consistency with the overall aesthetic appearance of the development. Commercial development.The construction of streets and municipal facilities and (3) of buildings in a commercial development must consider topography, natural features, and drainage and must reduce the impacts of noise, odor, glare and the scale of development on adjoining properties. Unsuitable land. Land that the Board determines to be unsuitable for development (4) due to flooding, improper or adverse drainage, adverse topography, poor soils, bedrock, location of utility easements or other features that the Board determines may be harmful to the safety, health, convenience and general welfare of the present or future inhabitants of the subdivision and or its surrounding area must not be subdivided or developed unless adequate measures are planned by the applicant and approved by the Board to eliminate any short-term or long-term impacts created by development of the unsuitable land. B. Lots; property rights. Compliance with Zoning Bylaw. All lots shown on the plan must meet the frontage, (1) area, shape,and access requirements of the Zoning Bylaw. Relationship of alot to the street. Every lot must have adequate access for (2) pedestrians, automobiles, emergency vehicles such as fire-fighting apparatus and ambulances, and larger vehicles such as delivery trucks. Lot arrangement. Lots must be arranged so that there will be no foreseeable (3) difficulties in securing building permits to build on all lots due to lack of compliance with the Zoning Bylaw; because of topography, soils, bedrock, improper drainage or other conditions; or in providing practical, workable access to buildings on each lot. Easements. (4) (a) Easements for utilities and bicycle and pedestrian paths, where necessary, must be at least 20 feet wide. (b)When a subdivision is traversed by a watercourse, drainage way, channel or stream, or has a storm water storage facility, the Board may require an Page 31 of 4547 § 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS, 7.1 7.1 easement of adequate width to conform substantially to the lines of the feature and to offer for the possibility of flooding, protection of banks and adjacent properties, construction or future maintenance and other necessary purposes. (c) Slope easements must be offered where necessary to ensure lateral support and protection of streets and other construction features. (d) No section of a street, pedestrian path, bicycle path, water system, sanitary sewerage system, storm drainage system or another utility system may be approved if it requires a connection to theover land of other owners, unless appropriate easements are first obtained. Subdivision straddling municipal boundaries. Whenever access to the subdivision (5) or any lot in it is required across theland in another town or city, the Board may require documentation that access for the intended use has been legally established in that town or city as a public street or as part of an approved subdivision in accordance with local zoning. In general, lot lines should be laid out so as not to cross municipal boundaries. Self-imposed restrictions. If, as part of a subdivision application, the applicant or (6) owner places voluntary restrictions on any of the land contained in the subdivision that isare greater than the requirements of these Regulations or Zoning Bylaw, such restrictions or references to them must be shown on the definitive plan and recorded in the Registry of Deeds. Bounds. (7) (a) Permanent reference bounds for surveying must be set: \[1\] Along each right-of-way line at all intersections, angle points, points of change in direction or curvature of streets, and at the two corners of each lot that abuts the right-of-way; and \[2\] Along each line of any easement at angle points, points of change in direction or curvature. (b) If a permanent bound is set on a long straight line, bounds must be set so that each is visible, or not more than 500 feet, from the next bound in each direction. (c) Permanent bounds must be of granite or reinforced concrete six inches square and three feet long with a one-inch deep one-half-inch diameter drill hole in the top. Permanent bounds must be set in bank run gravel and must be set flush with the surface of the ground per the Standard Specifications. Where the soil makes the setting of permanent bounds impractical, alternate types of permanent monumentation may be used with the prior approval of the Town Engineer. Markers. In addition to locations where permanent bounds are required, a (8) permanent reference marker for surveying must be set along each lot line at angle points, points of change in direction or curvature. Permanent markers must be metal pipes or pins at least 24 inches in length and must be eimbedded in the ground so that they are not easily removed or shifted from the point they mark. Page 32 of 47 § 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS, 7.2 7.2 C. General construction requirements. Construction specifications. If the subdivision plan proposes construction for which (1) standards or specifications are not given by these Regulations, the Board's Development Regulations, or the Town's Standard Specifications, the Massachusetts Highway Department Standard Specification for Highways and Bridges, latest edition, will apply. If a difference between the Town's Standard Specifications and the Massachusetts Highway Department Standard Specification for Highways and Bridges, the Town Engineer must determine which standard or specification will apply. Reimbursement for extra construction.The Board may require an applicant to install (2) municipal services and construct ways of greater width or size than the requirements for the subdivision alone with the added cost to be reimbursed by the Town. Under no circumstances will a developer be reimbursed for the construction of a street with a pavement less than 33 feet wide, nor will a reimbursement be made for extending streets and utilities to the subdivision's boundaries. Improvements across entire frontage. The improvements required by these (3) Regulations must be constructed across the entire frontage of any lot the subdivision of which is approved by the Board. Accessibility. All proposed improvements must comply with MGL c. 22 s. 13A and (4) all regulations adopted under it. 7.2.STREETS AND RIGHTS-OF-WAY A. Complete Streets design objectives. All subdivision street plans and designs must provide appropriate accommodations for all transportation system users including pedestrians, cyclists, transit users, and motorists. Complete streets are designed and operated to enable safe access for users of all ages and abilities. Street designs should be developed in a context sensitive manner in which consideration is given to the surrounding physical environment, land uses, as well as the location of existing and other planned infrastructure to support a multi-mode transportation network. General objectives. The subdivision street system must be designed to: (1) (a) Permit the safe, efficient and orderly movement of motor vehicles, pedestrians, and bicycles; (b)Meet, but not exceed, the needs of the present and projected future population to be served; (c) Offer easy and prompt access by emergency vehicles, such as fire, police and ambulance vehicles, and to permit effective delivery of Town services, such as snow removal, school bus, and refuse removal services; (d)Contribute to a safe and efficient Town-wide system of movement of motor vehicles, pedestrians, and bicycles; (e) Promote connections for pedestrians, bicycles, and motor vehicles between adjacent neighborhoods and more direct access to public facilities, such as schools, recreation areas, and open space; (f) Provide alternatives to the Town's few arterial streets to connect adjacent neighborhoods; Page 33 of 47 § 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS, 7.2 7.2 (g) Promote public transportation and increased pedestrian and bicycle accommodations in order to reduce vehicular congestion and environmental pollution; (h) Minimize the long-term costs for maintenance and repair of streets; (i) Enhance the appearance of the subdivision and the Town by achieving a visually attractive streetscape. Residential subdivisions. In addition, the street system in a residential subdivision (2) must be designed to: (a) Discourage use of streets in residential neighborhoods by through traffic that originates or has a destination: \[1\] Outside of the Town; \[2\] In a commercial area; \[3\] In residential neighborhoods in the Town that are a mile or more away; (b) Protect the residential character of the development by encouraging safe- speed travel within the subdivision and reducing noise and fumes; (c) Promote safe travel by bicycles and pedestrians and, where possible, offer facilities for them separated from automobiles. Commercial subdivisions. In addition, the street system in a commercial (3) subdivision must be designed to: (a) Encourage carpooling, van services, cycling, and public transportation and a reduction in single-occupant automobiles; (b) Reduce congestion on nearby streets and preserve adequate transportation capacityand user safetyat affected intersections and street segments. B. Layout and alignment of the street system. Connection to a public street. (1) (a) Each street within a subdivision must connect to and be accessible from the public street system either directly or via some combination of: \[1\] Streets approved as part of another definitive subdivision plan which have either been constructed in accordance with that plan or for which adequate surety exists to guarantee satisfactory completion of the street; \[2\] Streets other than those above which are built to the same design standards as new subdivision streets constructed in compliance with the Regulations these ; or \[3\] One or more other streets in the subdivision. In order to meet these requirements, the applicant may improve existing streets at its own expense. The Board may not approve a subdivision plan that requires improvement of a street if a competent legal opinion is presented that the applicant does not have the necessary rights to make such improvements unless the Town Counsel provides an opinion that any potential legal impediments to such construction have been removed. Streets continuous. Where there is more than one street within a subdivision, streets (2) must be connected into one continuous system. Page 34 of 47 § 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS, 7.2 7.2 Intersections. (3) (a) Streets must be laid out to intersect as nearly as possible at right angles, and in no case at less than a 75-degree or more than a 105-degree angle. (b)New subdivision streets may be constructed at an intersection of two existing streets if the proposed subdivision street is aligned opposite one of the existing streets. (c) An intersection of two streets may not be within 125 feet of any other existing or proposed intersection as measured between the points of intersection of the centerlines of the intersecting streets. C. Extension to adjoining land. Easement reserved for an extension to adjoining land. When the Board determines (1) thatland adjoining the subdivision can be developed, the subdivision plan must determine this. allow for the future extension of streets and other public facilities to the adjoining land. The subdivision plan must reserve an easement to the adjoining land for the future extension of the street and other public facilities. Reserve strips prohibited. Where a way within the subdivision passes within 25 (2) feet of an adjacent property, the subdivision plan must reserve an easement providing access from the way to the adjacent property. Reconstruction of the street if the development of adjoining land occurs later. If the (3) adjoining land is later developed, the developer of that land may extend the street and utilities to the adjoining land. Such construction must include the removal of any turnaround. Any land within the right-of-way that was part of the turnaround and is no longer needed for an extended right-of-way must be landscaped and deeded to the abutters. Utility stubs extended. (4) (a) The Board may require the developer to construct stubs of utility lines and other underground services and facilities to the edge of the right-of-way so that future extension of the street and utilities can be made without digging trenches in the street. (b)The Board may require the developer to construct a "wye" stub of newly constructed utility lines to the edge of the right-of-way of a street to serve lots that abut the street but are not in the subdivision so that those lots may connect to the Town system later without digging trenches in the street. D. Street classification. Compliance with the classification system. The street type is defined by assessing (1) the street together with its surrounding built and natural environment. Lexington is generally suburban in character, with some parts appearing rural and some quite urban, which makes identifying the unique or project-specific contextual elements crucial to determining the appropriate design. For the purposes of an application, the Board will determine the classification of each proposed street. Page 35 of 47 § 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS, 7.2 7.2 Classes. The street type reflects its degree of local access and regional connectivity (2) as described below: (a) Arterials: Arterials have a high to moderate degree of regional connectivity at a wide range of speeds with a low to high level of local access. Examples include Waltham Street and Massachusetts Avenue. (b) Collectors: Collectors have moderate a low to low moderate degree of regional connectivity, at a wide range of speeds, with a higher degree of local access than arterials. Grant Street, Hill Street, and Lincoln Street are examples of collectors. (c) Local streets: Local streets have a low to no degree of regional connectivity, low speeds, and a high degree of local access. (d) Minor streets:Minor streets are a subset of local streets that serve, directly or indirectly, less than 10 existing, proposed, or potential dwelling units. Minor streets are typically, but not always, dead end streets. Street names. Street names must be different enough in sound and in spelling from (3) other street names in Lexington so as not to cause confusion. A street that is planned as a continuation of an existing street must have the same name. The extension of a street to connect to another street with a different name must have the name of the longer street. The Board, after consultation with the Fire Chief and the Police Chief, will determine the name of the street. Street name signs.Street signs must be erected on two-inch inside diameter posts at (4) all street intersections per the Standard Specifications. A temporary street name sign with black letters four inches long on light background must be erected at the time work is started in that part of a subdivision at all points where permanent signs will be required. The developer must keep complete visibility of street name signs until they are replaced by permanent signs that follow the Town's specifications, at the developer's expense. E. Design standards for streets and rights-of-way. Design standards for streets and rights-of-way. These standards draw from and rest (1) upon several important street design resources. These standards are consistent with, and in the case of silence or conflict should be referred to those described in: A Policy on Geometric Design of Highways and Streets (a) The 2011 edition of , by The American Association of State Highway and Transportation Officials (AASHTO); (b) The specific guidance on Complete Streets design standards found in the following publications: \[1\] Project Development and Design Guide (2006); \[2\] Healthy Transportation Policy Directive (P-13-0001, 2013); \[3\] Engineering Directive E-14-006 (2014), and \[4\] Separated Bike Lane Planning and Design Guide (2015). (c) The many related resources referenced in the above, especially those aimed at achieving flexibility around pedestrian and bicycle facilities, Page 36 of 47 § 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS, 7.2 7.2 The standards below are not an attempt to provide every detail needed to design a right of way, but highlight key elements where the Town wishes to provide specific guidance to create context sensitive right of ways. Minor Local Collector Design Speed (MPH) 25 25 35 ROW CROSSSECTION ELEMENTS Sidewalks (Number) 1 1 2 Width (feet) 5 5 5 Planting Strip Min. Width (feet) 4 5 5 Shoulders Width (feet) 1 2 2 Travel Lanes 2 2 2 Width (feet) 9 10 10 Min. Grade 1% 1% 1% Max. Grade 8% 8% 6% Max. Grade within 75' of Intersection2% 2% 1% Other Design Elements/Criteria Min. Overall ROW Width (feet)40 50 60 Min. Intersection Rounding Radius (feet) 25 25 30 Arterial Design. Proposed subdivisions that require arterial-scale right of ways (2) should refer to the design resources listed in E.(1) above. Cross Slopes. The minimum cross slopes of the travel lanes areis 3/8ths of an inch (3) per foot. The maximum cross slope of the planting strips is 3:1. The maximum cross slope for sidewalks is 1.5%. Bicycle Accommodations. All proposed streets must make adequate provisions for (4) cyclists. For minor and local streets, these accommodations are likely to be met by sharing the travel lane, without the need for formal markings or signage. On collectors and arterials, however, depending on the context, adjustments to travel lane widths, shoulder widths, pavement markings, dedicated bicycle lanes, or separated lanes may be required. On-Street Parking.Due to theirwidth, on-street parking is prohibited on minor (5) streets. Local streets, by contrast, can informally accommodate parking on one side of the street. On-street parking on collectors and arterials should be designed carefully in consideration of other travel lanes users, such as cyclists. Changes in Direction. Any change in direction of right of way tangents must be (6) connected by either a horizontal curve or an intersection. Dead-end streets. (7) (a) A dead-end street may not be longer than 650 feet from the point of beginning following the centerline to the furthest point on the right-of-way line. The point of beginning of a dead end street or way or of a system of dead end streets or ways is the point of intersection of street centerlines with a street Page 37 of 47 § 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS, 7.2 7.2 offrom which there are two or more distinct vehicular access routes to the general street network of the Town. (b) A street sign stating "Dead End" or "Not a Through Way," satisfactory to the Town Engineer, must be installed. (c) Dead-end Street Turnaround Design Standards. Every dead-end street must: \[1\] Terminate with a 60-foot radius right-of-way line with a landscaped center island. \[2\] The pavement must have an outside turning radius of at least 50 feet. \[3\] The pavement must have an inside turning radius of at least 25 feet. \[4\] Alternative plans must include an analysis and evaluation of fire apparatus maneuvers throughout the turnaround created by swept path analysis and turn simulation software. Center line of the street. The centerline of the paved section of the street must (8) follow the centerline of the right-of-way. Driveway aprons. Driveway aprons must be constructed to serve each lot, graded to (9) offer unimpeded drainage in the gutter, and constructed to the same standards as the street to the actual driveway width but in no case less than eight feet, or greater than 20 feet, wide for the entire distance between the exterior right-of-way line and the paved section of the street. Curbs and gutters. (10) (a) Curbing is required to offer for safety, storm water management, and delineation and protection of the pavement edge and to prevent erosion. Except where specified below, a continuous, low profile, "Cape Cod" style berm of bituminous concrete must be provided as an integral part of each new street (b) Vertical granite curbing must be installed: \[1\] At the back of catch basins that are at low points; \[2\] On all sections of a street with a grade greater than 5%; \[3\] At all corner roundings; and \[4\] On all collector and arterial streets. (c) The design, dimensions, and installation of all granite or bituminous curbing must follow the Standard Specifications. Slopes and walls. (11) (a) Wherever the grade of the approved street differs from the grade of the adjacent land or where otherwise necessary for public safety, in the area beyond the sidewalk or landscaped planting strip, the developer must erect retaining walls and guardrail fences or offer slopes no steeper than one foot vertical to three feet horizontal in fill and one foot vertical to two feet horizontal in cut to ensure proper protection and lateral support. (b) No retaining wall may have a height above finished grade greater than five feet. Where necessary, a series of retaining walls may be constructed in a Page 38 of 47 § 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS, 7.2 7.2 terraced effect provided the horizontal distance between the outside face of one wall is at least four feet from that of the next wall. (c) Landscaping must be provided on slopes and on the terraces between retaining walls to reduce the visual impact of the construction. Such walls, fences, slopes, and planting are subject to the Board's approval as to location, design, and dimensions and must be constructed in a manner satisfactory to the Town Engineer. Sight Distance, Alignment, and Profile. To ensure proper sight distances, alignment (12) and profile of proposed streets designers must use the methodology laid out in A Policy on Geometric Design of Highways and Streets, referenced Policy above. The describes in detail how to calculate stopping sight distances, decision sight distances, passing sight distances, and horizontal and vertical profile. F. Construction of streets. Construction standards and procedures. The following construction and installation (1) standards apply: (a) The area between the right-of-way lines must be cleared and grubbed except for those trees intended to be preserved as street trees. (b)All excavation must conform to the lines and grades shown on the approved definitive subdivision plan. Where mucky soil, ledge or clay is encountered within the right-of-way, it must be removed entirely and, where necessary, replaced with ordinary borrow or other materials specified in Massachusetts Highway Department Standard Specifications for Highways and Bridges, latest edition. Where water is encountered, or is expected to be encountered within four feet of the finished grade of the street, subsurface drainage, of a design acceptable to the Town Engineer, must be constructed. (c) Boulders or ledge must be removed to a depth of at least 24 inches below final grade when within the area to be paved. Extensive ledge areas may require the installation of interceptor sub drains or perforated pipe. Where street and shoulder grades require more than two feet of cut or fill, retaining walls may be required along abutting property lines unless a suitable alternative is shown, such as an earth slope one foot vertical to two feet horizontal. In such cases, a slope easement of adequate width must be obtained. (d)The paved section of a street must conform to the current version of the Town . All materials used in the construction of streets must conform to the Town's Standard Specifications or, when not covered by the Standard Specifications, by the Massachusetts Highway Department Standard Specifications for Highways and Bridges, latest edition. Restoration of the street. Whenever the construction of utilities, connection to (2) existing services, or facilities requires opening a street at an intersection, the developer must reconstruct the existing pavement, as follows: (a) By cold-planing the entire width of the street to a depth of 1.5 inches, from the point of curvature of the curb rounding across the proposed subdivision street to the point of tangency of the opposite curb rounding; and Page 39 of 47 § 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS, 7.3 7.3 (b) Overlaying the cold-planed area with a one-and-one-half-inch finish course of bituminous concrete. 7.3.WALKS AND PATHS A. Sidewalks. Location. Sidewalks must be located within, and next to, the exterior line of the (1) right-of-way. Sidewalks must be a uniform distance parallel to the paved section of the street and separated from it by a landscaped strip. However, in order to avoid mature trees in the proposed right of way that isareto be preserved, applicants may deviate from this standard without the need for a waiver provided they remain within the right of way. Alternative Locations. The applicant may propose, or the Board may require, that (2) all or some of the walks be located within easements rather than within the right-of- way of the street. The width and construction of walks in easements must be the same as if within a street right-of-way. Construction. Sidewalks construction must (3) Specifications. B. Footpaths and trails. Where required. The Board may require the construction of a footpath or trail to (1) offer access to open space, recreational areas, streets, footpaths, trails, bicycle paths, or recreational paths located either within the subdivision or on adjoining land.Unless waived, public easements over these paths and trails will be required. Suggestion of G.Johnson Objectives for footpaths and trails. Footpaths and trails should be individually (2) tailored, in width and material, to take full advantage of the area's unique natural surroundings with attention to the following objectives and standards: (a) Build for durability by: \[1\] Finding the most stable, well-drained soils that can bear the weight of pedestrian traffic; \[2\] Building boardwalks where the soil is wet or unstable; and \[3\] Using a switchback plan on slopes to inhibit erosion. (b) Minimize environmental impact by: \[1\] Disturbing the environment surrounding the trail as little as possible; \[2\] Leaving trees that will offer a natural check on the amount of undergrowth that will require maintenance; \[3\] Designing for proper drainage; \[4\] Harmonizing the trail with its environment; and \[5\] Using natural construction materials, such as dirt, cobblestones, or wood, where appropriate. (c) Offer privacy for adjacent landowners by one or more of the following: \[1\] Constructing a berm, fence, or combination of both; \[2\] Planting trees and shrubs; and \[3\] Allowing the natural vegetation to reclaim the area if it will offer adequate protection. Page 40 of 47 § 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS, 7.4 7.4 Path Easements. Easements for footpaths or trails must be at least 10 feet wide. (3) Identification. A sign or identification for a footpath or trail must: (4) (a) Be placed at the entrance and junctions of trails; and (b)Be coordinated with the color of the existing signage used in the conservation areas in Lexington; C. Bicycle path or recreational path. The Board may require the construction of a bicycle path or recreational path: (1) (a) To offer a connection to a Town bicycle path or recreational path located on adjoining land or streets; or (b)Where the path would be part of an existing or proposed Town bicycle path or recreational path system or of bicycle path or recreational paths leading to a public school. Construction. A bicycle path or recreational path must be at least 10 feet wide and (2) constructed 7.4.UTILITIES AND UNDERGROUND FACILITIES A. Standards for water and sewer service. Construction requirements.All elements of the water and sanitary sewer service (1) must be designed to comply with the Town's Water, Sewer and Drain Regulations and the Standard Specifications. Connection to Town system. Water and sanitary sewer mains must connect to the (2) municipal water supply and sanitary sewer systems, respectively. B. Water mains. Objectives. Water mains, laterals, and appurtenances must be designed to offer (1) adequate water service for the needs of residents and for fire suppression. Looped water system. The water system must be designed to form a continuous (2) loop with existing or proposed water mains. Fire hydrants. Fire hydrants must be spaced not more than 500 feet apart. A copy (3) of the plan showing fire hydrant locations must be submitted by the Board to the Fire Chief for his or her comments and recommendations. C. Sanitary sewers. Objectives. Sanitary sewers, including all appurtenances, must be designed to (1) connect all lots in a subdivision to the municipal sewer system for treatment and disposal of sewage. D. Electric power and communication lines. Installation. All electric power lines and communication lines must be installed in (1) underground conduits. Communication lines must include, but not be limited to, telephone, security alarm, and cable television. To ensure that future providers have access to the development, additional conduits must be provided. Street lighting. The developer must show provisions for street lighting on a plan (2) subject to the approval of the Town Engineer. The developer must install the conduit underground and construct the bases. Poles and streetlights may not be installed without the prior written approval of the Town Engineer. Page 41 of 47 § 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS, 7.5 7.6 7.5.STORM WATER MANAGEMENT A. Objectives. Subdivisions Projects must be developed to maximize storm water recharge within the subdivisionsite, and to minimize direct overland runoff onto adjoining lots, streets, and watercourses, and ensure that the Town can meet the requirements of its National Pollutant Discharge Elimination System (NPDES) general permit.. B. Hydraulic calculations. Hydraulic calculations, prepared by an Engineer, must be submitted to substantiate all design features of any proposed drainage system. Computations for runoff must be made under standard engineering practice, acceptable to the Town Engineer, and the method of calculation must be noted. Where it is necessary to carry drainage across lots within the subdivisionproject, (1) drainage easements must be provided, of such width and construction as will be adequate to accommodate the volume and velocity of the runoff. However, in no case may the easements be less than 20 feet wide. When a proposed drainage system will carry water across land outside the (2) subdivision projectboundaries, appropriate drainage rights must be secured by the developer applicant and must be referenced on the definitive plan. C. Standards for Stormwater Management. Construction requirements. All elementsprojects subject to this section of the (1) water and sanitary sewer service must be designed to comply with the requirements -Article VI, Stormwater Regulations, of Chapter 181 of the Code of Lexington. the Town's Water, Sewer and Drain Regulations and the Standard Specifications. A. Objectives and applicability. Objectives. The Board determines that: (1) (a) Trees and other plant materials planted within or along the right-of-way as part of a coordinated landscape plan improve the appearance and economic value of a subdivision; (b) A landscaped island in the center of a turnaround is better than a paved surface covering the entire island; (c) The owners of the lots that have frontage on the turnaround, individually and collectively, should support the landscaping in such islands, and the owners of other lots that have frontage on sections of the right-of-way within which landscaping is planted should support that landscaping; (d) Every effort must be made to preserve existing trees within the proposed right-of-way as well as within individual lots shown on the subdivision. B. Street trees. Location. Street trees must be planted, at the developer's expense, on each street (1) within the tract being subdivided. Trees should be planted within the right-of- wayand spaced between 27 to 35 feet apart on center. Characteristics. Proposed street trees must meet the following standards: (2) (a) Proposed street trees must be of the applicable USDA Zone hardiness, licensed nursery stock with good root development and branching characteristics with a one-year warranty. Page 42 of 47 § 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS, 7.7 7.7 (b)No more than 50% of any one genus may be proposed. (c) Proposed street tree species must be indigenous to the region. A list of tree species recommended can be found in the Massachusetts Division of Fisheries The Vascular Plants of Massachusetts: A County and Wildlife Checklist . (d)Be a minimum size of three inches in caliper, measured four feet from the ground level, and eight to 10 feet of height in place. (e) Be planted in holes of a depth and width of two times the diameter of the root ball. Trees must be planted at their proper depth,in good quality topsoil, and securely staked. C. Cul-de-sac plantings.The center island of a cul-de-sac must be landscaped. D. Restoration of slopes. All cut and fill slopes subject to erosion and adjoining the right-of- way must be planted with suitable well-rooted, low-growing plant materials as shown on the landscape plan. Plants or perennial grass must be suited to the adjoining landscape and located to offer adequate cover. The Board may require the planting of sod and other erosion control measures where called for. 7.7.RESERVATION OF LAND FOR PUBLIC PURPOSES A. Designation for reservation. The Board may require the designation of one or more parts of the subdivision tract for reservation for three years for park, playground, open space or other municipal purposes. The reservation of land may not be unreasonable in relation to the size of the tract being subdivided and to the prospective uses of the reserved land. B. Notation onthe plan. If the Board designates land for reservation for municipal purposes, a notation must be made on the definitive subdivision plan concerning the area being reserved and the requirement that no street, utilities, building, or other improvements within the boundaries of the land being reserved may be made for three years from the date of endorsement of the plan without the Board's prior written approval. C. Action by Town within three years. During the three-year reservation period, the Town may choose to buy any or all of the reserved land and must justly compensate the owner for the land acquired. If the Town does not choose to buy the land within the three-year reservation period, the developer may go ahead with improvements per the approved subdivision plan. Page 43 of 47 § 175-8.0. CONSTRUCTION § 175-8.0 CONSTRUCTION 8.1.WORK NOTIFICATION TO TOWN DEPARTMENTS A. Preconstruction Conference. Before the initiation of any work within the subdivision, there must be a preconstruction conference to be attended by the applicant and the Planning Department, at which time a work schedule, outlining all steps within the development process, must be submitted by the applicant. Following approval of the work schedule by the Planning Department, the applicant will be required to notify the Board, in writing, of any deviations from the proposed work schedule. B. Notification. The Planning Department and Town Engineer must be separately notified, at least 48 hours (excluding Saturdays, Sundays, and legal holidays) before beginning any of the following work: Cutting of trees for street construction. (1) Clearing and grubbing of a right of way. (2) Installation of storm drainage facilities. (3) Installation of water and sanitary sewer facilities. (4) Placing of material for sub-base. (5) Excavation for electric the underground electric distribution system. (6) Application of gravel in or above sub-base. (7) Laying of Bituminous Concrete Bottom Course. (8) Laying of Bituminous Concrete Top Course. (9) Installation of curbing and curb inlets. (10) Spreading of gravel in sidewalks. (11) Laying Bituminous Concrete for sidewalks and aprons. (12) Spreading of loam for grass plots. (13) Grading of slopes. (14) Construction of retaining walls. (15) The sSetting of bounds. (16) C. Allocation of Risk. If any of the above- designated work is commenced without proper notification being given as specified, such work isperformed at the risk of the applicant or owner; and the Town Engineermay order the removal of themat the expense of the applicant or owner. All inspections performed by the Town Engineer or her or his designee are at the expense of the applicant. Subdivision bonds will not be released until all such expenses have been paid to the Board. 8.2.INSPECTION A. Access. To verify that the required improvements are constructed or installed in accordance with these Regulations and with the applicable technical standards, the Board, its agents, and employees of the Town must be allowed access to the subdivision during normal working hours while it is under construction, subject to notice and compliance with safety standards. B. Notice. The applicant is responsible for ensuring that written notice is delivered to the Planning Department and the Town Engineer upon the completion of each of the tasks Page 45 of 4547 § 175-8.0. CONSTRUCTION, 8.2 8.2 enumerated below and at least three working days before commencing the next task or covering the work performed. Work covered before the expiration of three working days after such notice may be required to be uncovered or dug up or may be considered to have not been done per these Regulations. C. Required Inspections. Before the start of construction in a subdivision, the Board will designate either the Town Engineer, his or her designee, or another authorized Engineer to be responsible for periodic inspection of construction. The developer may not go ahead with construction of any of the following stages of development until the Town Engineer has given his written approval of the satisfactory completion of the earlier stage. Clearing, grubbing, and excavation to firm sub-base; (1) Fillingand grading to rough grade,may include utility trenching; (2) Bedding water, sewer, and drain pipes; installing manholes and catch basins, valves, (3) and appurtenances (no backfilling trenches); Backfilling trenches, rolling and compacting sub-base or surface; (4) Installing select gravel or crushed stone base in 6" layers, rolling, and compacting (5) to grade; Setting curbing, catch basin inlets and gratings, headwalls, retaining walls, other (6) structural details; Laying any course of bituminous pavement; (7) Loaming and seeding grass plots; (8) Planting shade trees; (9) Adjusting manhole and catch basin covers, valve covers, removing debris, leftover (10) materials, correcting uneven spots, clean-up. Following completion of all improvements and the installation of bounds. (11) The Town Engineer may require inspection at such other intervals, as he or she may deem necessary to assure proper construction of the improvements. In addition, the Town Engineer may require periodic inspection reports from the developer's engineer. D. Street Construction No pavement may be laid: (1) (a) After frost has penetrated the base more than one inch; or (b) After the air temperature stays at or below freezing for more than a day; or (c) After the final day for paving set by the Town Engineer, whichever occurs first. No paving may be done under any adverse conditions, as determined by the Town (2) Engineer. Any sections of pavement not meeting the approval of the Town Engineer must be (3) removed and replaced. E. Reinspection of Incorrect Construction. If the Town Engineer does not give written approval of the satisfactory completion of the earlier stage, or at any other time, and the Planning Director gives written notice to the developer that any of the facilities are not constructed per the approved subdivision plan, or do not follow the Standard Specifications, or are not constructed following good construction practice as determined Page 46 of 47 § 175-8.0. CONSTRUCTION, 8.3 8.4 by the Town Engineer, the developer must correct the construction of the facility so that it complies. The developer may not go ahead to a later stage of construction until the incorrect construction has been corrected and the Town Engineer issues a written statement that the construction complies. A site visit by the Town Engineer may be required, for which a fee is required. F. Water and Sewer Mains With respect to water mains, services, hydrants, and appurtenances, the required (1) inspections may be performed by the Town Engineer, or his or his designee. Repeat inspections will be required if any work is found not to have been satisfactorily performed. Before acceptance by the Town, all water and sanitary sewer lines must be tested to (2) the satisfaction of the Town Engineer. G. Cost. The cost of inspections must be borne by the applicant and those legally succeeding the applicant in the title to the subdivision or any portion of them. They will be billed for the cost of inspections, including repeated inspections when necessary, when the cost exceeds the money left available from the consultant's Project Review Fees. Security for the construction of streets and utilities may not be released until all money owed the Town in connection with a subdivision has been paid. H. Certification of Monuments. The required monuments (stone bounds or equivalent) must be set by or under the direct supervision of a Land Surveyor after all construction which could disturb them has been completed, and two copies of a plan of the subdivision (which may be the "as built" plans) mustbe submitted to the Board, showing the exact location and nature of the monuments set or found (identified as such), certified by a Land Surveyor. I. Completion. Notwithstanding the inspections and verifications by the Board and its agents, the applicant, the surety company, if any, and those succeeding the applicant in title to the subdivision or portions of them are responsible for the subdivision being completed per the approved plans and these Regulations in a satisfactory condition, and without defects,when requesting release of performance guarantees. 8.3.DISPOSAL OF DEBRIS AND WASTE. No debris, junk, rubbish or other non-biodegradable waste materials may be buried, left, or burned on any land in the subdivision. Removal of such materials will be required before the final release of any covenant or surety. The Board of Health and the Town Engineer must approve burial of biodegradable materials on the site. Tree limbs, brush, and stumps are not considered biodegradable and may not be buried on the site. The burial locations and description of buried materials must be noted on the as-built plan. The Board may require that the description and location of buried materials be recorded in the Registry of Deeds before the release of affected lots for sale or building. 8.4.CERTIFICATES OF OCCUPANCY DURING CONSTRUCTION A. Rights of Ways. No Certificates of Occupancy may be issued until all work associated with the right of way construction is complete, except for the final top course of pavement. B. Fire Hydrants. No certificate of occupancy will be issued until the Fire Department is satisfied with the results of any fire hydrant flow test(s) for any new hydrants installed. Page 47 of 47 C176C HAPTER OF THE ODE TL OF THE OWN OF EXINGTON PB LANNING OARD ZR ONING EGULATIONS Revised through October July 192612, 20162017 WITH PROPOSED AMENDMENTS FOR JUNE 21, 2017 Chapter 176, Planning Board Zoning Regulations Table of Contents Section 176-1.0 AUTHORITY AND PURPOSE ..................................................................................... 1 1.1.AUTHORITY; TITLE. ............................................................................................................ 1 1.2.PURPOSE AND OBJECTIVES. .............................................................................................. 1 1.3.CONSISTENCY WITH STATE LAW; SEPARABILITY ....................................................... 2 1.4.FORMS ................................................................................................................................... 2 Section 176-2.0 DEFINITIONS ............................................................................................................... 3 Section 176-3.0 GENERAL REGULATIONS ......................................................................................... 5 3.1.APPLICABILITY .................................................................................................................... 5 3.2.OWNERSHIP .......................................................................................................................... 5 3.3.APPLICATIONS..................................................................................................................... 5 3.4.WAIVERS ............................................................................................................................... 6 3.5.DECISIONS ............................................................................................................................ 7 3.6.REVISIONS TO APPLICATIONS AND DECISIONS ............................................................ 7 Section 176-4.0 FEE SCHEDULE ........................................................................................................... 9 4.1.ADMINISTRATIVE FEES ...................................................................................................... 9 4.2.PROJECT REVIEW FEES. ................................................................................................... 10 SECTION 176-5.0 SUBMISSION MATERIALS.................................................................................. 13 5.1.FORMAT AND CUSTODY OF PLAN AND DOCUMENTS¬ ............................................. 13 5.2.INFORMATION REQUIRED; BY TYPE OF PLAN............................................................. 14 5.3.REQUIREMENTS FOR OTHER INFORMATION ............................................................... 19 5.4.DOCUMENTS AND EXHIBITS ................................................................................... 232322 SECTION 176-6.0 SPECIAL PERMITS ............................................................................................... 25 6.1.Applicability .......................................................................................................................... 25 6.2.Procedures ............................................................................................................................. 25 6.3Sketch Plan Application Submitals ......................................................................................... 25 6.4Special Permit Application Submitals ..................................................................................... 26 Section 176-7.0 UNACCEPTED Streets Standards ................................................................................ 29 7.1Authority. .............................................................................................................................. 29 7.2Objectives. ............................................................................................................................. 29 7.3Applicability.......................................................................................................................... 29 7.3Permitting Process.................................................................................................................. 30 7.4REQUIRED IMPROVEMENTS & DESIGN STANDARDS ................................................. 30 Chapter 176, Planning Board Zoning Regulations 7.5Application Requirements ...................................................................................................... 30 7.6CONSTRUCTION AND COMPLETION .............................................................................. 31 Section 176-8.0 PLANNED DEVELOPMENT DISTRICTS ................................................................. 33 8.1OBJECTIVES. ....................................................................................................................... 33 8.2SEQUENCE OF REVIEW. .................................................................................................... 33 8.3RIGHT OF APPLICANT TO PETITION NOT ABRIDGED. ................................................ 33 8.4PETITION FOR REZONING. ............................................................................................... 34 8.5PRELIMINARY SITE DEVELOPMENT AND USE PLAN. ................................................. 34 8.6NON-REGULATORY INFORMATION. .............................................................................. 35 8.7SKETCH PLAN. ................................................................................................................... 36 8.8PUBLIC HEARING AND RECOMMENDATION. ............................................................... 38 SECTION 176-9.0 SITE PLAN REVIEW ............................................................................................. 41 9.1.GENERAL REGULATIONS ................................................................................................. 41 9.2ADMINISTRATIVE REGULATIONS .................................................................................. 41 9.3MINOR SITE PLAN. ............................................................................................................. 42 9.4MAJOR SITE PLAN ............................................................................................................. 43 9.5DESIGN STANDARDS ........................................................................................................ 45 9.6SITE DEVELOPMENT STANDARDS ................................................................................. 45 9.7PEDESTRIAN AND VEHICULAR ACCESS; TRAFFIC MANAGEMENT ......................... 47 9.8UTILITIES ............................................................................................................................ 48 Section 175-10.0 TRANSPORTATION MANAGEMENT OVERLAY DISTRICT PLANS ......... 515149 10.1GENERAL PROVISIONS ............................................................................................. 515149 10.2HARTWELL AVENUE AREA (TMO-1) DISTRICT PLAN ......................................... 515149 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 SECTION 176-1.0 AUTHORITY AND PURPOSE 1.1. AUTHORITY; TITLE. 1.1.1 Authority. As authorized by §9.3.4 of the Zoning Bylaw and under the authority delegated to the Town of Lexington by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts, known as the "Home Rule Amendment," the Planning Board of the Town of Lexington (Board) adopts these Regulations governing those matters in its jurisdiction under the Zoning Bylaw. 1.1.2 Title. These Regulations are known and may be cited as the "Planning Board Zoning Regulations" or as the "Zoning Regulations" or, in this document, as "these Regulations." These Regulations are gender neutral. 1.1.3 Approval And Compliance Required. 1. No person may proceed with the improvement or sale of lots, units, or the construction of a street, an internal common driveway, or the installation of municipal services within them or undertake preliminary steps, such as the clearing of land, excavation, site preparation or other preparatory steps, leading to development of land for which requirements or standards are in these Regulations, unless all required approvals have been granted by the Planning Board and recorded in the Registry of Deeds or the Land Court, if applicable, and only then according to the conditions of approval and the procedures set out in these Regulations. 2. Issuance of Building Permits. The Building Commissioner may not issue any permit for the erection of a building or the development of land until first satisfied that there has been compliance with these Regulations and the Zoning Bylaw and that all other applicable requirements have been met. 1.2. PURPOSE AND OBJECTIVES. 1.2.1 Purpose. The powers of the Town of Lexington and of the Board under MGL c. 40A and the Home Rule Amendment of the Massachusetts Constitution are exercised to promote the general welfare and convenience, and to protect the health and safety of the residents of Lexington and of adjoining communities by: 1. Identifying and securing, for present and future residents, the beneficial impacts of growth and development; 2. Identifying and avoiding the negative impacts of growth and development on the environment surrounding the development and the Town generally; and 3. Ensuring that future growth and development are of a type and design compatible with surrounding land uses and traffic and public services are not adversely impacted. 1.2.2 Objectives. These Regulations are intended to achieve the aforementioned purposes by: Page 1 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: June 21, 2017 1. Lessening congestion in such streets and in the adjacent public streets; 2. Reducing danger to life and limb; 3. Securing safety in the case of fire, flood, panic and other emergencies; 4. Ensuring compliance with the Zoning Bylaw; 5. Securing adequate provision for water, sewerage, drainage, underground utility service, fire, police, and other services where necessary; 6. Facilitating a detailed review by Town officials and by the public of proposed developments to determine the adequacy of the facilities proposed to be provided and their effect on public facilities and services and on adjoining land; and 7. Creating a sequence of review that progresses from the general to the detailed to avoid unnecessary delay or expense to both the Town and the applicant. 1.3. CONSISTENCY WITH STATE LAW; SEPARABILITY 1.3.1 Consistency with State Law. In the case of conflict between MGL c. 40A (the Zoning Act) as it may be amended, and these Regulations, or for matters not covered by these Regulations, state law controls. 1.3.2 Relationship to Zoning Bylaw. In cases where the Zoning Bylaw and these Regulations conflict, the Zoning Bylaw prevails. 1.3.3 Separability. The provisions of these Regulations are separable. If any provision of these Regulations, or any decision or determination in the administration of them, is adjudged by a court of competent jurisdiction to be unconstitutional, invalid, or void, the court's decision does not affect any other provision of these Regulations or the administration of them. 1.3.4 Invalidation by Changes to State Law. Any part of these Regulations invalidated by a new state law, by amendment of existing law, or by a change to the Zoning Bylaw, must automatically conform to the new or amended law or bylaw and will be considered effective immediately, without recourse to the required procedures for amendment and repeal of these Regulations. 1.3.5 Amendment. These regulations may be amended from time to time by a majority vote of the Board at any regularly scheduled, public meeting. Regulations 1.3.6 Effective Date. These , and any amendments, become effective on the date Regulations they are adopted. A copy of these must be filed with the Town Clerk within seven days of the date of adoption, and made available for inspection on request. 1.4. FORMS Forms needed to administer development, and their contents, may be created, deleted, or revised by administrative action of the Planning Director. Forms are not part of these regulations. Page 2 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 SECTION 176-2.0 DEFINITIONS In the interpretation of these Regulations, the definitions in the Lexington Zoning Bylaw are incorporated by reference and apply as if set forth here in full. In addition to those terms, the terms set forth below mean the following. 53G ACCOUNT An account created under MGL c. 44 §53G. APPLICANT An owner or an agent, representative, assign, or successor in title of such owner, as long as the agent does or representative who is not an attorney at law has written authorization to act for the owner. Such authorization must be valid for 180 days, and may be renewed. APPLICATION All forms, plans, reports, studies or other documents, which together constitute an application for any matter covered by these Regulations. BOARD The Planning Board of the Town of Lexington. ENGINEER A professional engineer registered to practice in Massachusetts. LANDSCAPE ARCHITECT A landscape architect registered to practice in Massachusetts. LAND SURVEYOR A land surveyor registered to practice in Massachusetts. MAJOR SITE PLAN An application for site plan review made per §176-9.4 of these regulations. MINOR SITE PLAN An application for site plan review made per §176-9.3 of these regulations. OWNER An owner of record as shown by the records in the Middlesex County Registry of Deeds or Land Court Registry of any interest in land which is affected by an application. PARCEL An area of land in one ownership, with definite boundaries, other than a Lot. PLANNING DIRECTOR The person appointed under the Lexington Selectmen/Town designee. PROFILE A vertical section of streets, storm drainage, and sanitary sewer facilities. REGISTERED MAIL Registered or certified mail. REGISTRY OF DEEDS The Registry of Deeds in Middlesex County, including, when appropriate, the recorder of the Land Court. SIGHT DISTANCE A length of road surface that a particular driver can see with an acceptable level of clarity, computed according to the most recent edition of the American Design of Highways and Streets. STANDARD SPECIFICATIONS The latest revision of Town of Lexington, Massachusetts, TOWN The Town of Lexington. Page 3 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: June 21, 2017 UTILITIES Services, including sanitary sewers, storm water drainage systems, water supply piping, fire alarm conduits, electric and telephone wiring, cable television service, natural gas service, and their appurtenances. WETLANDS All resource areas protected under MGL c. 131 §40, as may be amended. Buffer areas are excluded from this definition. ZONING BYLAW The Zoning Bylaw of the Town of Lexington. Page 4 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 SECTION 176-3.0 GENERAL REGULATIONS 3.1. APPLICABILITY The regulations outlined in this Section apply to all applications under these Regulations. 3.2.OWNERSHIP 3.2.1 Consent Of Owners Required For All Applications. The applicant must state the nature of its interest in the property and all owners must sign any application. Where an owner is not a natural person, documents must be submitted indicating who has the authority to enter into an agreement on its behalf. 3.2.2 Rights of Others in Land. The Board's approval of an application does not affect any rights others may have in or toover the land which is the subject of the application, nor does it give the applicant the right to perform work on land owned by others. 3.3. APPLICATIONS 3.3.1 Contact With Town Departments Through Planning Office. The Planning Office should be the point of contact for other town departments when requesting information about site construction for developments subject to these regulations. 3.3.2 Pre-Application Conference. Applicants are encouraged to hold a pre-application conference with the Planning Office staff. The purpose of the pre-application conference is for the staff to give an interpretation of these Regulations and an explanation of the Board's procedures. Review of applications occurs after an application is filed. 3.3.3 Application Submission. Per MGL c. 40A §9, applications for special permits must be filed with the Town Clerk and then the Board, through the Planning Office. All other applications should be filed directly with the Board through the Planning Office. The Planning Office staff will then commence its review and schedule the matter for action. The applicant must submit the appropriate fees and a copy of the application either: 1. By hand delivery, during regular working hours, to the Planning Office; or 2. By registered mail to the Board. 3.3.4 Planning Director's Authority. The Planning Director is authorized to act on behalf of the Board in its authority to waive the submission of certain information or plans, provided the Board may, during its review, request this information. 3.3.5 Complete and Correct Information. The applicant is responsible for the submittal of complete and correct information to the Board, which if not provided may constitute grounds for the rejection of an application for review, disapproval of an application or rescission of a previously approved application. 3.3.6 Extension ofAction Deadline. The Board may extend the time during which it must act on an application at the request of an applicant. The extension of time may be requested: Page 5 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: June 21, 2017 1. By a written request; or 2. By the mutual agreement of the applicant and the Board made at a meeting of the Board at which the applicant is present. Where required by state law or a local bylaw, the Board will promptly notify the Town Clerk of any vote granting an extension of time. 3.3.7 Concurrent Applications. An applicant seeking approval of a subdivision plan and a special permit as part of one site development proposal may file a concurrent application for both, if the application clearly identifies the separate provisions of the Subdivision Regulations and the Zoning Bylaw for which each application is sought. The Board, acting under the Subdivision Regulations and as the SPGA under the Zoning Bylaw, may issue notices, conduct a concurrent hearing, and issue concurrent decisions provided the decisions clearly identify the separate provisions of the Subdivision Regulations and the Zoning Bylaw for which each application is sought or granted. 3.3.8 Conferences and Site Visits. The Planning Office staff or the Board may request a site visit with the applicant. It may request that stakes be placed in the ground delineating the location of streets, internal common driveways, buildings, or other features to permit a better understanding of the proposed development. 3.3.9 Receive All Permits And Rights.The failure, or inability, to receive all necessary permits, licenses, releases, or rights may constitute grounds for disapproval of an application. 3.3.10 Withdrawal of Application. An applicant may withdraw an application upon a written request approved by avote of the Board. Later applications are treated as new applications and new fees must be paid. 3.4. WAIVERS The Board may waive strict compliance with specific provisions of these Regulations in accordance with the rules described below. 3.4.1 Application for a Waiver. An applicant requesting a waiver must submit the following with the application: 1. A written request that identifies the specific provision of these Regulations for which the waiver is requested; and 2. A narrative statement explaining how granting the waiver would be in the public interest and consistent with the intent and purpose of the Zoning Bylaw. 3.4.2 Effect of Not Requesting or Granting a Waiver. If a request for a waiver is not submitted and one or more features of an application do not follow these Regulations, or the Board does not grant the waiver, noncompliance may be the basis for disapproval of the application. Page 6 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 3.4.3Decision onRequest foraWaiver.The Board may make its approval of a waiver dependent on conditions that will achieve the objectives of the provision or standard Regulations waived. If the Board waives any provision or standard of these , it must: 1. Determine that its action is in the public interest and not inconsistent with the intent Regulations and purpose of the Zoning Bylaw and of these ; and 2. Include specific reasons for its action in the decision approving the application. 3.5. DECISIONS 3.5.1 Written Decision; Comments and Recommendations. Decisions on an application for approval of a special permit will be written and filed with the Town Clerk. Copies of all decisions will be mailed to the applicant. 3.5.2 Copies of Endorsed Plan. The applicant must furnish to the Town, and bear the expense of making, copies of any plan that is endorsed or approved with the signatures of the Board members, including one on mylar for the Engineering Division and a black line print for the Board's files. The copies must be furnished to the Planning Office before the recording of the endorsed or approved plan. 3.5.3 No Alteration to Approved Plan. No alteration may be made to a plan after the Board has approved it unless made through approved change orders or modification as detailed in §176-3.6. 3.6. REVISIONS TO APPLICATIONS AND DECISIONS 3.6.1 Major and Minor Revisions. The Board determines whether proposed revisions are major or minor. The Board's policy is that a revision will be considered major if: 1. There is a substantial change in the impact of the development on municipal facilities or services; or 2. The timing of the proposed revisions, in relation to the public notification procedures per Massachusetts law and in these Regulations, affects the rights of abutters and other interested persons to be informed of a proposed development. 3.6.2 Revisions to Applications 1. Minor revisions to an application before a decision may be handled in the regular review of the application. 2. Major revisions to an application before a decision may require an extension of the action deadline or re-advertising the proposed change to allow for abutter notification. 3.6.3 Revisions to Decisions 1. Minor revisions to a decision may be handled by a vote of the Board. 2. Major revisions to a decision require a new application. 3.6.4 Field Changes. Field changes are minor adjustments to decisions or approved plans based on actual conditions encountered in the field, such as shifting the location of a pipe or Page 7 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: June 21, 2017 catch basin,or substituting like and kind materials. Field changes are approved by the Planning Director, in writing. Page 8 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 SECTION 176-4.0 FEE SCHEDULE 4.1. ADMINISTRATIVE FEES An Administrative Fee will be assessed to offset the expense of review by the Board and Planning Office for all applications. 4.1.1 Submittal. Administrative Fees must be submitted at the time of the submittal of the application, unless noted. Failure to submit the fee is grounds for denial of the application. 4.1.2 Administrative Fee Schedule The following schedule applies to the types of applications to the Board: Type of Application or Action Amount in Dollars Unaccepted Streets, §176-7.0. Project Initiation Meeting $0 Unaccepted Street Determination $2,000 Special Permitting, §176-6.0 1 Residential Sketch Plan $1,500 plus $500 per proof plan lot 1 Residential Special Permit $3,000 plus $500 per proof plan lot 2 $1,500 plus $50 per 1,000 SF of GFA 2 Nonresidential Sketch Plan $3,000 plus $50 per 1,000 SF of GFA Nonresidential Special Permit Site Plan Review, §176-9.0 Minor site plan review $500 Major site plan review $1,500 PD rezoning, §176-8.0 Sketch PSDUP $500 1 Final PSDUP $2,000 Notes to Fee Schedule: 1. One payment of a fee for a sketch plan is creditable to the initial fee for a special permit application or PSDUP rezoning request. If more than one fee is paid for a sketch plan, only the first of those payments is creditable to the initial fee for a special permit application. 2. The incremental portion of the fee is based on net new gross floor area. 4.1.3 Fee Waivers. The Board or Planning Director may waive or reduce any Administrative Fee upon a determination that unusual circumstances exist concerning the subject property. 4.1.4 No Refunds. Administrative fees are not refundable. No fees will be refunded if an application submitted for approval is withdrawn. Page 9 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: June 21, 2017 4.1.5Costs ofAdvertising andHolding Public Hearing.The applicant is responsible for the costs of publishing the legal notice offor any public hearing. If the Board is required to hold the public hearing in a building other than the Town Office Building and there are costs associated with meeting in another building the applicant is responsible for those costs. Failure to pay for the legal notice or other hearing costs will be grounds for denial of the application. 4.2. PROJECT REVIEW FEES. 4.2.1 Applicability. In addition to an Administrative Fee,the Board may impose a Project Review Fee on those applications which require, in the judgment of the Board, review by outside consultants because of the size, scale, or complexity of a proposed project, the project's potential impacts, or because the Town lacks the necessary resources to perform the review work related to the permit or approval. In hiring outside consultants, the Board may engage engineers, planners, lawyers, designers, or other appropriate professionals able to help the Board and to ensure compliance with all relevant laws, ordinances, by-laws, and regulations. Such support may include, but not be limited to, analyzing an application, monitoring or inspecting a project or site for compliance with the Board's decisions or regulations, or inspecting a project during construction or implementation. 4.2.2 Submittal. Should the Board require outside review, a Project Review Fee must be submitted to the Planning Department Office for deposit in a 53G Account. Failure to make this payment is grounds for denial of the application. 4.2.3 Schedule. The following schedule applies to the types of applications to the Board set forth below. Where more than one type of application has been submitted for Board action, only the largest of the applicable Project Review Fees may be collected for deposit into the 53G Account, and not the sum of those fees. Residential: $2,000 plus $700 per unit. Nonresidential: $5,000. 4.2.4 Replenishment. When the balance in an applicant's 53G Account falls below twenty-five percent (25%) of the initial Project Review Fee, as imposed above, the Board may require a Supplemental Project Review Fee to cover the cost of the remaining project review. Failure to make this payment is grounds for denial of the application. 4.2.5 Inspection Phase. After the approval of the application, the Board may require a Supplemental Project Review Fee to ensure the availability of funds for the inspection phase of the review process. 4.2.6 Handling of Project Review Fees. Project Review Fees must be turned over to the Town Treasurer by the Planning Department Office for deposit into a 53G Account. Page 10 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 1. Outside consultants retained by the Board to help in the review of an application must be paid from this account. 2. The Board must provide the following information in a timely fashion on request of the applicant: a.A statement of principal and interest based on information from the Town Accountant; b. A report of all checks authorized for issuance; and c. An estimate of bills pending from consultants for work completed, or in progress, but not invoiced. 3. Remaining funds in the 53G Account, including accumulated interest, must be returned to the applicant, or the applicant's successor in interest, at the conclusion of the review process, as defined below. Any person or entity claiming to be an applicant's successor in interest must provide the Board with documents showing proof of succession in interest: a. With the disapproval of an application for a special permit or site plan. b. With the release of the performance bond at the end of the construction of the project. 4.2.7 Appeal. The choice of a consultant by the Board for the review of an application may be appealed by the applicant in writing to the Board of Selectman as provided in MGL c. 44 §53G. The required time limits for action upon an application by the Board are automatically extended for the duration of the appeal. 4.2.8 Delinquent Accounts. The following rules apply to fees owed to the Board by applicants: 1. Due date. Administrative fees are due at the time of submittal of an application. Project Review fees and Supplemental Project Review fees are due within 14 days from the date that the Board determines that they are required. 2. Monthly Interest Charge. All fees past due by one month from the date of invoice are subject to a monthly interest charge based upon an annual interest rate of 14%. 3. Costs of Collection. All costs of collection associated with past due accounts must be borne by the applicant. 4. Current Delinquents. All applicants owing fees to the Board at the time of any amendment to these provisions of the regulations must be sent the following: a. A duplicate notice of the amount past due. b. A copy of the applicable sections of these regulations with all amendments clearly indicated. c. Notice of a 30-day grace period before beginning any changes in interest rates or charges. Page 11 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: June 21, 2017 5. Failure to pay. Failure to pay delinquent fees, interest, or costs of the collection after application. Page 12 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 SECTION 176-5.0 SUBMISSION MATERIALS 5.1. FORMAT AND CUSTODY OF PLAN AND DOCUMENTS¬ 5.1.1 General Information.Each sheet of a plan must include the following information: 1. Title block containing the name and section designation, if any, of the proposed development; 2. The name of the applicant and the property owner if not the same; 3. The name, address, and imprint of the professional registration stamp of the landscape architect, engineer, or land surveyor responsible for the preparation of each sheet; 4. A title and number for each sheet and a number for each sheet, with sheets consecutively numbered; 5. A visual scale and a North arrow, the direction of which must be the same for all sheets; 6. The date of original preparation and the date of each revision, with the revisions noted; 7. If applicable, space for endorsement by the Planning Board, with room for the signature of each member, and the date of the endorsement below the signatures; 8. If applicable, reference to the certificate of action, special permit, or covenant and the date of those actions; 9. If applicable, space for the Town Clerk's certificate of no appeal and the date of that certification below the space for the Clerk's signature; and 10. A legend denoting any signs and symbols used on the plan and not otherwise explained. 5.1.2 Document and Plan Formatting Requirements. 1. All plans and other application material intended to be recorded must meet the latest version of either the Deed Indexing Standards for the Commonwealth of Massachusetts or the Manual of Instructions for the Survey of Lands and Preparation website. 2. Vertical Datum. All elevations shown on profiles and topographic plans must be based on the North American Vertical Datum of 1983 1988 (NAVD883) and identify all benchmarks used and their elevations. 3. Typewritten or printed material must be submitted in 8 1/2 inch by 11-inch format. Oversized brochures or reports will not be accepted. 4. Information in digital form. All submitted information and plans must be supplied both in written form as required elsewhere in these Regulations and in digital form. Page 13 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: June 21, 2017 The digital information must be submitted in its native format (e.g., MS Word, or AutoCAD) and in Portable Document Format (PDF). 5.1.3 Graphic Conventions. Lines showing existing conditions must be shown as screened or dashed lines; proposed conditions must be clearly differentiated from existing conditions by the use of solid, heavier, or bold lines. Contour lines shown on the plan must correspond to known elevations on existing benchmarks and to the existing and proposed grades of streets shown on profile drawings. 5.1.4 Legibility of Plans. The information required on the various types of plans specified below must be presented in a legible form. More than one of the plans listed in § 176-4.2 may be placed on one sheet provided the information is clear. Illegible plans are grounds for denial. 5.1.5 Custody of Plans. Once submitted, the original copy of plans will be retained by the Planning Office for the Planning Board and will not be released to the applicant. 5.2. INFORMATION REQUIRED; BY TYPE OF PLAN. 5.2.1 Title Sheet. A title sheet shows all land within 500 feet of the development tract that is the subject of the application including: 1. All existing dwellings and principal buildings; 2. The land use of each lot; 3. All lot and right-of-way lines, in a general way; 4. Existing contours at two-foot intervals; 5. Principal natural features; 6. Zoning district boundaries; 7. Recorded easements abutting the tract; and 8. Public facilities or property, such as conservation or recreation land, footpaths, bicycle paths, or streets. 5.2.2 Site Analysis Map. A site analysis map, prepared by a landscape architect, shows: 1. Existing contours at two-foot intervals; 2.Steep slopes, distinguished as follows: a. Slopes greater than 15% but less than 25%; b. Slopes greater than 25% but less than 40%; and c. Slopes greater than 40%. 3. Mature trees, distinguishing deciduous from evergreen, and differentiating between them by size as follows: a. Trees with a diameter at breast height (DBH) between 6 and 12 inches b. Trees with DBH between 12 inches and 18 inches; Page 14 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 c. Trees with a DBH between 18 inches and 30 inches; and d. Trees with a DBH greater than 30 inches; 4. A note containing the number and total DBH of all trees with a DBH greater than 6 inches; 5. Location and results of any soil, percolation, and water table tests using the Department of Environmental Protection Soil Evaluation procedures under Title V; 6. Areas in the tract subject to easements, rights-of-way, or similar deed restrictions; 7. If applicable, a wetlands delineation, prepared by a professional wetlands specialist, identifying: a. The wetland boundaries, including vernal pools b. c. d. 8. Habitats of rare and endangered species; 9. Fences, stone walls, trails and rock outcroppings; 10. Existing vegetation, including open fields, unique specimens of vegetation and rare and endangered species habitats; 11. Areas of visual impact, including viewscapes into and out from the site; 12. Sources of noise affecting the site and abutting sites; and 13. Potentially historically or architecturally significant structures and sites on or adjacent to the site. 14. Information on topography, slopes, and trees required may be omitted in areas of the site that are not proposed to be disturbed, provided these areas are clearly marked on the plan as areas not to be disturbed. 5.2.3 Property Rights and Dimensional Standards Plan. The information shown on the property rights plan must be shown to scale and in its true relative position and with adequate dimensions and bearings to set its exact location on the ground and on the plan with at least two existing permanent bounds in existing ways. A property rights and dimensional standards plan, prepared by a registered land surveyor, shows: Page 15 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: June 21, 2017 1. All lot lines and lines defining easements, including the length of the line and the bearing of each line. 2. The location of existing easements or other property rights affecting the development; 3. The location of any sections of the land to which the Town would be granted property rlights, either by easement or transfer of ownership, for street, utility, conservation, recreation or other public purposes; 4. The proposed division of the property into parcels in private ownership, if any, if it affects zoning provisions; 5. The proposed yard setback in feet for buildings and, if applicable, from a zoning district boundary, a brook or a pond and, if applicable, the setback of a driveway or parking lot from lot lines; 6. The proposed boundaries of any common open space; 7. The proposed maximum height of buildings; 8. The proposed distance, in feet, between buildings; 9. Proposed bounds, markers and/or monuments; 10. If applicable, zoning district boundary lines and the Town boundary line; 5.2.4 Site Construction Plan. A site construction plan, prepared by a landscape architect and a civil engineer, shows, where applicable: 1. The location of existing and proposed new buildings; 2. Existing and proposed contours; 3. If applicable, a delineation of vegetated wetlands approved by the Lexington Conservation Commission, with the buffers described in §5.2.2.7 above; 4. The proposed location and dimensions of streets, drives, parking areas, curb cuts, streetlights, and driveway aprons; 5. The location and characteristics of any proposed common open space; 6. The proposed drainage system in general; 7. Proposed landscaping in general; 8. A proposed limit-of-work line outside of which no land or natural features will be disturbed; and 9. A note indicating amounts of earth material that is to be removed, added, or reused on site. 5.2.5 Street Layout andProfile Plan. A street layout and profile plan, prepared by a civil engineer, with each street shown on a separate sheet and consisting of a street layout plan and a street profile plan matching the street layout plan, shows: Page 16 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 1. Street Layout Plan a. The layout of each proposed street in the development and beyond it to the limit of the proposed construction necessary to provide adequate access and connection to municipal services; b.The length of each straight segment to the nearest one hundredth of a foot and the bearing thereof to the nearest five seconds; c. The length, central angle, radius and length of tangent for each curved segment to the same degree of precision as the straight lines and clearly identifying each non- tangent curve; d. All existing and proposed construction features, such as pavement, walks, curb or berm, drains, catch basins, manholes, sewers, water mains, other underground conduits where known, retaining walls, traffic islands, grass plots, and gutters; e. Center-line stations designated at one-hundred-foot intervals at or opposite points of tangency; f. Angles in the street line, manholes, catch basins and culverts; and g. Sight lines for entering and merging traffic at street intersections and driveway intersections and other necessary data pertaining to traffic safety. 2. Street Profile Plan.To match the street layout plan and be located either above or below it for ease in locating corresponding points: a. The existing side lines and existing and proposed center lines and bicycle accommodation markings, with elevations every 50 feet and at all high and low points; b. The grade of the principal segments of the proposed street, showing the location of vertical curves and corresponding data; c. All proposed sewers, drains, catch basins, manholes, cleanouts, siphons and other appurtenances identifying the material, class or strength and size of sewers and drains and the grade for each section thereof in percent; and d. The centerline stations and invert elevations of all catch basins, manholes, cross drains or culverts. 5.2.6. Utilities Plan. A utilities plan,prepared by a civil engineer, shows: 1. The location and size of the Town's existing water mains, fire hydrants, sanitary sewers, and storm drains; and 2. The proposed location and size of utilities to be constructed on the site and their proposed connections to the Town's utilities, including proposed locations of service connections to the proposed dwelling units, and any special features, such as culverts or pumping stations, that might affect the ability of the Town to service the development. 5.2.7 Landscape Plan. A landscape plan, prepared by a landscape architect, shows: Page 17 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: June 21, 2017 1. Existing and proposed grades; 2. The existing vegetative cover to be retained, and including the location, size, and type of such vegetation 3. Existing trees with a six-inch DBH or greater, identification of specimen trees, with thetotalnumber and caliper inches for each, identifiedas: a. Trees to be retained, b. Trees to be removed, and c. Trees to be transplanted; 4. Existing and proposed stone walls, with top and bottom of wall heights shown; 5. Existing and proposed building footprints, fences, parking spaces, loading bays, driveways, walks, storage areas, public rights-of-way, stonewalls, easements and location of structures on, and the uses of, abutting properties; 6. A plan and plant schedule giving botanical and common names of plants to be used, size at time of planting, mature size, rate of growth, quantity of each, location and method of any excavation and soil preparation, and the spacing and location of all proposed trees, shrubs and ground covers; 7. Proposed street furniture, such as regulatory and informational signs, benches, hydrants, street lighting standards, postal boxes, bicycle infrastructure, transformer pads and the like; and 8. The methods for protecting plant materials during and after construction, including a on the property on an ongoing basis. 9. If applicable, a wetlands delineation, prepared by a professional wetlands specialist, identifying: a. The wetland boundaries, including vernal pools b. c. d. 10. The yard setbacks from lot lines; 1. The boundaries of the proposed development tract; 2. Existing contours at two-foot intervals; 3. Potential lots in the tract, each complying with the minimum lot frontage, minimum lot area, and minimum lot width required by the Zoning Bylaw; 4. If applicable, a street layout plan that complies with the design standards for streets and rights-of-way per Chapter 175, including grading; the plan must reflect the Page 18 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 minimum amount of impervious surface required to comply with the design standards and (3) above, unless the frontage requirement is met by an existing street 5. Any easements or similar property interests that benefit or restrict the project site; and 6. A table of development data appearing on the proof plan that includes: a. The total land area of the development tract; b. The total area of delineated wetlands; c. The area in the proposed right-of-way; and d. The area of the impervious surfaces in the proposed right-of-way. 5.2.9 Off-Street Parking and Loading Plan. An Off-Street Parking and Loading Shows: 1. The number, location, elevation, and dimensions of all driveways, maneuvering spaces or aisles, parking spaces and loading bays, which comply with this bylaw and accepted engineering practice; 2. The construction details and the location, size and type of materials for surface paving, drainage facilities, curbing or wheel stops, trees, screening, and lighting; 3. The location of all buildings, lot lines and zoning boundary lines from which the parking lot or loading area must be set back; 4. Where landscaping is to be provided, the species and size of plant materials; and 5. A summary schedule showing the amount of floor space, or other parking or loading factor to be met, the number of standard, compact and handicapped parking spaces and the number of loading bays. 5.2.10 Lighting Plan. A lighting plan shows: 1. The location and type of any outdoor lighting luminaires, including the height of the luminaire; 2. temperature, and photometric data showing cutoff angles; 3. The type of lamp such as: metal halide, compact fluorescent, high-pressure sodium; 4. A photometric plan showing the intensity of illumination at ground level, expressed in foot-candles; and 5. That light trespass onto any street or abutting lot will not occur. This may be demonstrated by manufacturer's data, cross-section drawings, or other means. 5.3. REQUIREMENTS FOR OTHER INFORMATION The following information, if applicable, must be included in an application: 5.3.1 A Table of Development Data. Showing, if applicable: Page 19 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: June 21, 2017 1. Total land area; 2. Area in vegetated wetland; 3. Developable site area; 4. Length of street and area in street right-of-way; 5. Area in common open space; 6. Area and percentage of site coverage of buildings; 7.Area covered with impervious surface; 8. Impervious surface ratio; 9. Gross floor area and net floor area of all buildings; 10. Floor area ratio of all buildings; 11. Density of dwelling units, or their equivalent; and 12. The nNumber of off-street parking spaces and loading bays. 5.3.2. Hydrologic and Drainage Analysis. A drainage analysis, prepared by a civil engineer, showing: 1. The results of any tests or copies of calculations used in the design; 2. Calculations demonstrating the adequacy of the proposed sewer and drainage systems and their compatibility with existing drainage systems; and 3. Estimates of flood elevations reached during a one-hundred-year storm, ground- and surface- waterelevations. 5.3.3. Soil Surveys, Test Pits, and Test Borings. Soil surveys, test pits, and test borings, prepared by a civil engineer, to decide the suitability of the soil for the proposed streets, drainage and utilities, to be taken at one-hundred-foot intervals at the proposed station points as described in the street layout and profile per Section176-5.2.5 or at such other points as the Town Engineer may request. 5.3.4. Traffic Study. A traffic study and a proposal for mitigating measures to improve capacity or for trip reduction programs, if any. The traffic study must include: 1. Data Collection. Data shall not be collected earlier than 12 months before the submission of a traffic study. Data shall include: a. Automatic traffic recorder (ATR) counts(s) with full vehicle classification (i.e. trucks, buses, motorcycles, etc.) for a minimum 48-hour weekday period. Location(s) must receive prior approval of the Planning Director. Full fifteen- minute segment data must be submitted electronically to the board. b. Pedestrian and bicycle counts taken at ATR locations as required by the Planning Director c. Intersection turning movement counts (TMC) and queues of the morning and evening peak periods at the intersections likely to be affected by the proposed Page 20 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 development including vehicle classification; pedestrian and bicycle movement counts whether on the roadway or sidewalk. In special circumstances where the peak traffic impacts are likely to occur at times other than the usual morning and evening peak periods, the additional counts for those peak periods are required. d. ATR and TMC counts must not be taken during weeks with public, or major religious holidays, andnor school breaks. Counts are not valid in inclement weather. If counts are not taken during the months of April, May, September or October then the Board may require additional counts. e. Traffic crashes, summarized from the Massachusetts Highway Department records for the previous 3-year period including crash type, injury,the involvement of pedestrians and/or bicycles, surface conditions, and weather. 2. Analysis. a. An estimate of trip generation for the proposed development showing the projected inbound and outbound vehicular trips for the morning and evening peak periods and a typical 24-hour period. Where there is existing development of the same type of use on the site, actual counts of trip generation must be submitted. b Trip generation rates maymust must be based on the most recent edition of "The Trip Generation Manual" prepared by the Institute of Transportation Engineers that is on file in Lexington Town Engineer's office, and, if applicable, data about similar developments in Massachusetts; or data from professional planning or transportation publications, provided the methodology and relevance of the data is documented. c. The morning and evening "peak period" is usually be the two hours between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m. respectively. The morning and evening "peak hour" is that consecutive sixty-minute segment in the peak period in which the highest traffic count occurs as determined by traffic counts of the peak period divided into fifteen-minute segments. For uses that have an exceptional hourly, daily, or seasonal peak period, additional analysis must be conducted for that extraordinary peak period. d. An estimate of the directional distribution of new trips by approach streets and an explanation of the basis of that estimate. Where there is existing development of the same type of use on the site, actual counts of trip directional distribution must be submitted. e. An assignment of the new trips to be generated by the proposed development to the segments of the Town street network, including state highways, which are likely to be affected by the proposed development. f. An inventory of roadway characteristics of the principal approach streets adjacent to the development site and of the streets in the intersections at which turning movement counts are taken showing the width of the right-of-way and of the traveled way, traffic control devices, obstructions to adequate sight distance, the location of driveways or access drives within 500 feet of the entrance to the site for uses that are substantial trip generators, and the presence or absence of Page 21 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: June 21, 2017 sidewalks and their condition, and the manner in which bicycles are accommodated. 3. Mitigation. a. In the case of a development in an abutting community, which will have a traffic impact on a street or intersection in Lexington, which is likely to be affected by the proposed development for which the traffic study is being prepared, the traffic impact of the development in the abutting community must be included in the traffic study provided: i. The development has been approved by official action of that abutting community but has not opened for use before the date that the traffic counts required by this section were taken; and ii. Data on the traffic impact of that development, comparable to that required by this section, is available. b. Analysis of the effect on the capacity of those intersections in the Lexington street system likely to be affected by the development during both daily peak periods showing: c. Existing traffic at these intersections; d. Additional traffic generated by the development without consideration of any mitigating measures or trip reduction programs; e. The additional traffic generated by the development inclusive of mitigating measures or trip reduction programs; f. Future traffic from other developments previously approved by the Town of Lexington for which a traffic study was required, or by an abutting community, which hasve not yet been opened for use before the date that the traffic counts required by this section were taken. g. Where mitigating measures or trip reduction programs are proposed, they must be proposed by the applicant and accompany the traffic study at the time of filing of the application. Where the proposed mitigating measure is the construction of a traffic engineering improvement, evidence, such as letters of support, or commitment, or approval, or the award of a contract, may be submitted to show that construction of the traffic improvement is likely to occur. h. An estimate of the time and amount of peak accumulation of off-street parking. The counts referred to above must have been taken in the 12 months before the filing of the application. Upon request, the traffic engineer must furnish an explanation of the methodology of the traffic study and additional data, as needed. 5.3.5 Additional Information. In its decision on a sketch plan, the Planning Board may indicate that additional information is necessary for the next stage in the review process; this information is to be furnished by the applicant to the Board in a timely manner. Page 22 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 5.4. DOCUMENTS AND EXHIBITS In addition to the plans, studies, analyses, and tests, the various types of applications cited in these Regulations require or permit that the following documents and exhibits be submitted, if applicable: 5.4.1Deed orEasement.Drafts of any deed, easement, or restriction offered to the Town. 5.4.2 Site Development Conditions. Proposed conditions limiting the use of parts of the site, maintaining or enhancing existing natural features, making site improvements or landscaping, or accepting or assigning responsibility for maintenance. 5.4.3 Building Design. Proposed conditions, which may include a visual representation, such as sketches or photographs, limiting the size, scale, type, style, siting and exterior appearance of buildings. 5.4.4 Off-Site Traffic Improvements. Proposals for mitigating measures or the design or construction of off-site improvements (or financial contributions thereforethereto) to deal with the traffic impacts of the proposed development including any trip reduction commitments. 5.4.5 Off-Site Town Facilities and Services. Proposals for mitigating measures or the design or construction of off-site improvements (or financial contributions thereforethereto) to deal with the impacts, except traffic impacts, of the proposed development on Town facilities or services. 5.4.6 Use of Buildings. Proposed special conditions limiting the types of establishments that may use buildings or land and their hours of operation. 5.4.7 Housing. Proposed special conditions limiting the type, size, or location of dwelling units, or the income range of occupants, or dealing with the level of, or term of continued, affordability of dwelling units. 5.4.8. Historic or Architectural Preservation. Proposed special conditions dealing with the maintenance or restoration of buildings or places of historic or architectural significance. 5.4.9 Other Material. Any other material necessary for the Board to make the findings required by §135-9.4.2. Page 23 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 SECTION 176-6.0 SPECIAL PERMITS 6.1. APPLICABILITY The Lexington Zoning Bylaw authorizes the Planning Board to act as the special permit granting authority (SPGA) for certain special permits. These Regulations are adopted under the Zoning Act, MGL c. 40A §9. These Regulations supplement the provisions of the Lexington Zoning Bylaw. 6.2. PROCEDURES 6.2.1Provisions Of Zoning Bylaw Must Be Specified.A person applying for a special permit must cite the specific section of the Zoning Bylaw and the action that the Planning Board is requested to take and include information on the conditions, standards, and criteria for it to make the decision. If a person seeks a special permit under more than one provision of the Zoning Bylaw, he/she must file an application that clearly identifies each provision of the Zoning Bylaw for which a special permit is sought. 6.2.2 Sequence of Review. The Planning Board recommends that a person seeking approval of a special permit follow the sequence set forth below: 1. Sketch plan (recommended, not required): An initial and informal way to discuss all development alternatives. 2. Special Permit Application (required): includes construction details and other detailed information necessary to comply with the Zoning Bylaw and to carry out the design agreed to in the sketch plan stage. 6.2.3 Issuance of Decision on the Application for a Special Permit. The Planning Board may vote to grant, grant with conditions, or deny a special permit. The filing of the decision with the Town Clerk completes the application and review process. 6.3 SKETCH PLAN APPLICATION SUBMITTALS 6.3.1 Prepared By Landscape Architect.Sketch plans must be prepared by a landscape architect. Engineers, land surveyors, and other types of consultants may assist, but a landscape architect must have overall responsibility for the design of the development proposal. 6.3.2 Source of Information. Information taken from, or shown on, a marked-up copy of the Town's data or property maps is generally acceptable for the sketch plan except where indicated in Section 6.3.3. 6.3.3 Information Required. Sketch plans may only include the following material: 1. Title Sheet. \[See Section 5.2.1.\] 2. Site analysis map. \[See Section 5.2.2.\] 3. A proof plan. \[See Section 5.2.8.\] 4. Table of development data \[see Section 5.3.1.\] showing the total land area, the approximate area in vegetated wetland and the approximate area in the slope Page 25 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: June 21, 2017 subtypes. The table of development data may be included on either the title sheetor the site analysis map(s). 5. Project Narrative. 6.3.4 Sketch Plan Not A Commitment To Later Approval. Any review, comments, or recommendations made by the Planning Board or the Planning Department Officestaff are limited to the information presented in the sketch plan and are not to be considered as a commitment to approve a site development plan for which more detailed information is required. 6.4 SPECIAL PERMIT APPLICATION SUBMITTALS 6.4.1 Coordination by Landscape Architect. A landscape architect must be responsible for the coordination of the physical planning of the proposed development. 6.4.2 Information Required. Information presented in the special permit application must be based on field surveys, except as noted below. A special permit application must include the following: 1. A title sheet \[see Section5.2.1.\] which may be based on existing map resources; 2. A site analysis map \[See Section5.2.2.\] based on a field survey; existing trees larger than six inches in caliper within the proposed limit-of-work line must be shown; 3. A property rights and dimensional standards plan \[See Subsection5.2.3.\]; the plan must be based on an instrument field survey; existing and proposed bounds, markers and monuments shall be shown; existing easements and property rights only may be based on map resources at the Registry of Deeds or Land Court; 4. A site construction plan \[see Section5.2.4.\]; 5. A street layout and profile plan \[see Section 5.2.5.\]; 6. A utilities plan \[see Section 5.2.6.\]; 7. A landscape plan \[see Section 5.2.7.\] 8. Elevations of proposed buildings 9. A table of development data \[see Section5.3.1.\]; 10. And, if applicable: a. A draft, in proper legal form, of any of any proposed conditions; b. Hydrologic and drainage analysis \[see Section 5.3.2.\] if there are extensive wetlands on the site, or the topography may cause accelerated water runoff, or a drainage system is proposed as an alternative to the Standard Specifications, so that the Town Engineer can determine the feasibility of the proposed drainage system; c. Soil surveys, test pits or test borings \[see Section 5.3.3.\] if needed to determine the suitability of the land for the proposed streets, drainage,and utilities; d. Additional information \[see Section 5.3.5.\]; Page 26 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 e. If a sketch plan was filed, or at a subsequent public hearing, a written response to the Planning Board's comments and recommendations at any prior hearing; and f. A proof plan \[see Section 5.2.8.\] if a special permit residential development is proposed. Page 27 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 SECTION 176-7.0 UNACCEPTED STREETS STANDARDS 7.1 AUTHORITY. 7.1.1 Authority. The Zoning Bylaw requires every lot have frontage on a street as defined in the Zoning Bylaw (§135-10.0). The Bylaw has three classifications of streets: 1) a public way laid out and maintained by a public authority; 2) a way constructed in accordance with an approved subdivision plan; and, 3) a way in existence on April 4, 1948, that has been determined to be adequate by the Planning Board. This third classification of street is not a permanent one as it relies on the determination of the Planning Board as to the status of the street at the time a building permit is sought. In order for a way in existence on April 4, 1948 to be categorized as a street, the Planning Board must make a determination that it has sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land served by the way, and for the installation of municipal services to serve the land and the buildings erected, or to be erected, on that land. ZoningRegulations This section of the sets forth the procedures and construction standards by which the Board will render its opinion on the adequacy of these ways. 7.2 OBJECTIVES. 7.2.1 Objectives. The Planning Board has adopted these Regulations for the following reasons: 1. To extend the system of streets that are either accepted public ways or are constructed ts policies; 2. To set forth written standards and procedures for determining the adequacy of unaccepted ways to serve as frontage, in relation to the construction of large additions or new dwellings, for lots on such ways. 7.3 APPLICABILITY. 7.3.1 Regulated Activities & Length Of Jurisdiction. 1. Regulated Activities. Until the Planning Board determines that the unaccepted street provides adequate frontage, no building permit may be issued for any lot on a way not accepted by the Town but in existence on April 4, 1948, for: a. A new dwelling on a vacant lot, or b. Additions to, or replacement of, an existing dwelling that increases the gross floor area on the lot by more than 1,000 square feet. 2. Subdivision Control if More than One Lot. In the case of additions to, or replacement of, more than one dwelling on the same segment of the unaccepted street, the applicant must file a definitive subdivision plan and provide for the construction of SubdivisionRegulations public facilities as required by the . For the purposes of this requirement, this means if any adjacent or abutting lot(s) was owned by the same Page 29 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: June 21, 2017 person, or one or more principals in a development entity, in any of the five years preceding the application, and a street determination was issued for that lot. 3. Length and Direction of Jurisdiction. The Board will determine the adequacy of the way along the entire frontage of the lot and the intervening distance between the lot and the nearest accepted street, plus any area required to provide a safe transition to the existing ways, which may add to the length of the required improvements. 7.3 PERMITTING PROCESS. 7.3.1 Process Outline. The Planning Board issues its determination after an application is received, staff conducts a review of the proposal, and the matter is discussed at a public meeting with abutter notification. 7.3.2 Action Deadline. The Planning Board must act on a street determination application within 45 days from the submission date, unless extended per §176-3.3.6. 7.3.3 Decision. The Planning Board will determine that: 1. The unaccepted street presently is of adequate grade and construction and no improvements are necessary; or, 2. The unaccepted street is not presently of adequate grade and construction but will be after certain improvements, proposed by the applicant, are made; or 3. The unaccepted street is not of adequate grade and construction and the improvements proposed by the applicant are not sufficient to change that determination. 7.3.4 Determinations Are Limited To The Grade And Construction Of The Street And Should Not Be Interpreted As Implying That The Lot Under Consideration Meets Any Other Test Of The Zoning Bylaw To Qualify It As A Buildable Lot. 7.3.5 Performance Guaranty. If the improvements are not to be completed before the issuance of a Building Permit, the Board will require a performance guaranty to cover the costs of the construction and inspections, in accordance with sections 175-6.5 and 6.6 of the SubdivisionRegulations . 7.3.6 Duration of Determination. Street determinations are valid for two years from the date the designation was voted by the Board. 7.4 REQUIRED IMPROVEMENTS & DESIGN STANDARDS SubdivisionRegulations 7.4.1 Same Standards as . The improvements and design standards for improvements of unaccepted streets are the same as those found in Chapter 175-7.0 of the SubdivisionRegulations , and are incorporated here by reference. 7.5 APPLICATION REQUIREMENTS 7.5.1 Format of Plans and Documents.The format and the information required for any of the plans or other documents cited in this section areis the same as those set forth inChapter SubdivisionRegulations 175 of the Code of Lexington, the . Page 30 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 7.5.2Information Required.The information required for a Street Determination must be sufficient to depict the condition of the length of the street under review and must include the following items: 1. Street Construction Plans. Street Construction Plans must depict the length of street as described in §175-7.0 above, and are comprised of the plans sheets indicated below: a. A title sheet, §175-7.1. Land 100 feet back from the way for the length of the proposed improvements needs to be shown. It may be based on existing map resources rather than a survey; not required: zoning district boundaries, and recorded easements abutting the tract; b. A site construction plan, §175-7.1, except the following items are not required: the location and characteristics of open space, and proposed limit-of-work line; c. A street layout plan and a street profile plan, §175-7.2;and d. A utilitiesplan, §175-7.4.; and 2. A certified copy of a plan properly recorded before April 4, 1948, showing the layout of the way and evidence that the street has been in existence ever since.; 3. An opinion of an attorney stating he/she has examined the deeds of the owner of the lot and of all others who have rights in the right-of-way and that the applicant has the legal right to make the improvements proposed to comply with these standards, including the construction of drainage facilities and subsurface improvements, and improvements to any intervening distance. The Board may require submittal of copies of the deeds of other property owners or a representative sample of those deeds (if they are similar) concerning the rights held by the (other) property owners in the right-of-way.; 4. A list identifying all waivers, if any, and the reason a waiver is requested. If the Regulations applicant seeks waivers from these , the Board requires that the plan waivers be listed on the set include an additional Site Construction Plan described above. showing full compliance with the design standards; and 5.A statement whether or not the applicant intends to petition to have the street accepted by the Town as a public street.. 6. Applicants must include the fee set forth in § 176-4.1.2. 7.6 CONSTRUCTION AND COMPLETION SubdivisionRegulations 7.6.1 Same Rules as . The procedures for the construction and completion of improvements to unaccepted streets are the same as Section 8.0 of the SubdivisionRegulations , and are incorporated here by reference. Page 31 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 SECTION 176-8.0 PLANNED DEVELOPMENT DISTRICTS 8.1 OBJECTIVES. 8.1.1 To establish a step-by-step listing of required and recommended submittals and procedures to amend the Lexington zoning bylaw to create a planned development (PD) district; and 8.1.2 To provide adequate information in a timely manner, and well before the vote of the town meeting, to permit review by the planning board, other town boards and departments, by town meeting members, residents, and affected neighborhood groups. 8.2 SEQUENCE OF REVIEW. The Planning Board recommends that an applicant seeking to establish a new PD district or to modify to an existing PD district follow the sequence set forth below: 8.2.1 Sketch Plan (Recommended). An initial and informal way to present a proposal to the planning board to see what it may find acceptable prior to filing a petition for change of zoning district. This is the first step in a dialogue between the applicant and the Planning Board in developing a proposal that the Planning Board might be able to recommend favorably to the Town Meeting. The submission includes the material described in subsection 8.7.1 below. 8.2.2 Petition For Change Of Zoning District (Required). A petition with accompanying a description of the land proposed to be rezoned submitted to the Board of Selectmen to place an article on the warrant for the Town Meeting. The submission includes the material described in subsection 8.4.1 below. 8.2.3 Preliminary Site Development And Use Plan (Required). Submitted with the petition for change of zoning district; includes the material described in section 8.5 below. 8.2.4 Public Hearing (Required). Submitted to the Planning Board for the public hearing on the zoning change; includes the material in section 8.6 below. 8.2.5 Site Plan Review. Required, but only after Town Meeting approval of rezoning petition. Submitted to Planning Board; includes construction details and other detailed information necessary to comply with the Preliminary Site Development and Use Plan approved by Town Meeting. 8.3 RIGHT OF APPLICANT TO PETITION NOT ABRIDGED. Nothing in these Regulations should be interpreted to prevent a property owner from petitioning the Town Meeting for the rezoning of land. These Regulations set forth procedures and guidelines for how the Planning Board will carry out its responsibilities in making an advisory recommendation to the Town Meeting on a rezoning petition. Page 33 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: June 21, 2017 8.4 PETITION FOR REZONING. 8.4.1 The Petition Shall Describe The Proposed Zoning Change And Include A Legally Adequate Description Of The Land Affected By The Change. 8.4.2 The Petition Shall Be Filed With The Board Of Selectmen. 8.4.3 It Is Recommended That At The Time Of Filing With The Selectmen The Applicant Provide The Planning Board With An Informational Copy Of The Petition Submitted To The Board Of Selectmen. 8.5 PRELIMINARY SITE DEVELOPMENT AND USE PLAN. 8.5.1 Relationship to Zoning Bylaw. The preliminary site development and use plan (PSDUP) is the basic document that regulates development in a planned development district. The standards in the PSDUP may differ from those set forth inforother districts in the zoning bylaw. Other than the standards, uses, and requirements approved in section 8.5.2, the zoning bylaw in effect as may be amended by town meeting action subsequent to the establishment of the PD, shall govern. 8.5.2 Requirements for Text. The text of the PSDUP shall include at least the following: 1. A list of the plans and other documents that are part of the PSDUP; the plans and other documents shall be identified by title, who prepared them, and their latest date; 2. A provision that any sale or transfer of rights or interests in the development shall include a condition that successors are bound to the terms and conditions of the preliminary site development and use plan; 3. Permitted uses, which may be a list of permitted uses; a cross-reference to the Zoning Bylaw, Table 1, Permitted Uses and Development Standards; or a combination of the above; 4. Dimensional standards, which may be a list of dimensional standards; a cross- reference to the Zoning Bylaw, Table 2, Schedule of Dimensional Controls; or a combination of the above; 5. Standards and requirements for off-street parking and loading; signs; landscaping, transition and screening; outdoor lighting; and traffic. These may be narratives describing special regulations unique to the development or cross-references to provisions of the Zoning Bylaw that will apply to the PD District; and 6. Special conditions to mitigate the impacts of the proposal, which may include grants of benefits to the Town such as land for public purposes, construction of improvements (or financial contributions therefor) on behalf of the Town, or other development limitations such as aesthetic features. 8.5.3 Text Controls. In The Case Of A Conflict Or Inconsistency Between The Text Of The Preliminary Site Development And Use Plan And Plans Or Other Exhibits Attached To It, The Text Shall Control. Page 34 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 8.5.4Other Regulatory Material:The PSDUP must include avisual representation of the general scale and massing of buildings. Visual representations may include site plans, building plans, building elevations, and perspective sketches. In each case, they shall be accurate with respect to the scale and general appearance of the buildings in the context of their actual location. Neighboring buildings, topography, streets, major trees, and other landmarks shall be accurately shown. In the case of perspective sketches, the viewpoint shall be realistic and, if possible, it shall be identified on the site plan. 8.6 NON-REGULATORY INFORMATION. The following are considered to be explanations, background information, and justification for a rezoning and are not to be treated as regulations that affect the development of the land within the planned development district. Any information not applicable to a specific proposal shall be noted. 1. A site analysis map; 2. A locus-context map; 3. A street layout plan and a street profile plan; 4. UA utilities plan; 5. PA property rights and dimensional standards plan; 6. A site construction plan; 7. A landscape plan; 8. A table of development data. 9. A hydrologic and drainage analysis; 10. Soil surveys, test pits or test borings; 11. A traffic study. 12. Reasons for rezoning. A written statement indicating why a change to the proposed zoning district proposed is justified and is considered appropriate for the area. 13. Comparison with development permitted in the existing zoning district. A written analysis, supported by data, so that the maximum development potential allowed by right in the existing zoning district can be compared to the proposed rezoning. a. In the case of land in an existing one-family (RO, RS) or two-family (RT) residential district, a proof plan; b. In the case of land in an existing commercial district, an analysis showing the amount of gross and net floor area and the floor area ratio of existing development on the site and the amount of gross and net floor area that would be permitted if the site wasere developed to the maximum floor area ratio allowed in the existing district. Page 35 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: June 21, 2017 14. Analysis of compliance with Comprehensive Plan or other policies; 15. Analysis of the impact on public facilities and services other than schools; 16. Analysis of the impact on the environment; 17. For non-residential developments and non-residential portions of mixed- use developments, analysis of Town fiscal considerations; and 18. Any other permits required. 8.7 SKETCH PLAN. 8.7.1Submission.The information submitted witha sketch plan shall includethat required by sections 8.5 and 8.6 with the following exceptions and modifications: 1. All material may be provided in a general and approximate manner; 2. A property rights and dimensional standards plan showing only the division of the property into parcels, the location of open space, and the location of sections of land to be granted to the Town; this exhibit does not need to be prepared by a land surveyor or civil engineer; 3. A site construction plan showing only the location of buildings and interior drives, the grading of significant parts of the site and, if applicable, any common open space; not required: the dimensions of streets, drives, parking areas and the proposed drainage system; 4. A table of development data showing only the: total land area, area in vegetated wetland, developable site area, area and percentage of site coverage of buildings, and, if applicable, the amount of common open space, area covered with impervious surface, impervious surface ratio, gross and net floor area of buildings, floor area ratio, number and density of dwelling units, number of off- street parking spaces and loading bays; not required: length of street, if applicable, and area within street right-of-way; 5. A traffic study showing only: a. An estimate of trip generation; b. A count of average daily traffic by machine on the frontage street only; c. An inventory of roadway characteristics on the frontage street only; d. An inventory of roadway characteristics of the principal approach streets adjacent to the development site and of the streets in the intersections at which turning movement counts are taken showing the width of the right-of-way and of the traveled way, traffic control devices, obstructions to adequate sight distance, the location of driveways or access drives within 500 feet of the entrance to the site for uses that are substantial trip generators, and the presence or absence of sidewalks and their condition; Page 36 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 6. Recommended: An Investigation Of The Capacity Of Existing Public Facilities Other Than SchoolsTo Serve The Development, Including The Effect Of The Proposed Development On The Provision Of Town Services; 7. For Non-Residential Developments And Non-Residential Portions Of Mixed Use Developments, An Estimate Of The Projected Assessed Valuation And Annual Tax Revenue For The Town, Including Real Estate And Motor Vehicle Excise And Other Revenues; 8. Not Required: A Street Layout And Profile Plan, A Utilities Plan, A Landscape Plan, Hydrologic And Drainage Analysis, And Soil Surveys, Test Pits, And Test Borings, An Analysis Of Impact On The Environment; 8.7.2 Review Procedure. 1. The Planning Office will: a. Post the application materials on the Planning Office web site; b. Notify other Town boards, committees and departments that the Board believes may be affected by, or interested in, the proposed rezoning; c. Notify at least all persons who would receive notice of an application for approval of a special permit as described in G.L. c. 40A, s. 11, of the receipt of the proposal with a brief summary of it; and the Board's procedures and those prescribed in the Zoning Bylaw for review, public meetings and hearings and official action on a proposed amendment to the Zoning Map; and 2. The Planning Board will conduct a public information meeting. 3. Second presentation. Depending on the comments and recommendations received from others, the Planning Board may request that the applicant makes a second presentation at a public information meeting. 8.7.3 Decision. The Planning Board will make a written recommendation that will indicate whether the proposed use of the land, without consideration of the proposed density or other design features, is acceptable to the Board. 1. If the use alone is not acceptable, the Board will indicate the proposal is unlikely to receive a subsequent favorable recommendation by the Board. 2. If the use is acceptable the recommendation will indicate whether: a. The proposed density and other design features are acceptable, or could be acceptable if modified; b. The proposed conditions on the development, or mitigating measures or benefits to the neighborhood or the Town, are acceptable, or could be acceptable if modified. Page 37 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: June 21, 2017 3. The Board may cite specific improvements or modifications of the proposal that are necessary for it to make a favorable recommendation to the Town Meeting. 4. The timeperiod for sketch plan. The Planning Board will make a written recommendation within 60 days after a sketch plan has been properly submitted and determined to be complete. 5. Effect on subsequent decisions; the right to petition. The Planning Board's recommendation, at the sketch plan stage, does not guarantee the Board's subsequent recommendation. An unfavorable recommendation, at the sketch plan stage, should not be interpreted to deny an applicant the right to petition the Town Meeting for a rezoning of the land; it does affect the likelihood of obtaining a favorable recommendation from the Planning Board. 8.8 PUBLIC HEARING AND RECOMMENDATION. 8.8.1 Submission. All information required by subsections 8.5 and 8.6 shall be submitted to the planning board before the first publication of the advertisement for the public hearing. 8.8.2 Review by Town Committees and Departments. Prior to making its recommendation to Town Meeting, the Planning Board will request a recommendation from the Town Engineer, the Conservation Commission, and such other departments, boards or committees as the Board believes may be affected by, or interested in, the proposed rezoning. 8.8.3 Decision. After conducting a public hearing, the Planning Board will make a written recommendation to the Town Meeting that the rezoning of the land be approved or disapproved prior to the Town Meeting vote on the rezoning petition. 8.8.4 Basis for Planning Board Recommendation. The Planning Board's recommendation to the Town Meeting will be based on the information presented at the public hearing. The Planning Board's recommendation may take into account any revisions made by the applicant after original submittal until the close of the public hearing. 8.8.5 Contents of Planning Board Recommendation. The Planning Board recommendation to the Town Meeting will include at least the following: Page 38 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 1. A recommendation as to whether the rezoning petition, including the preliminary site development and use plan, should be approved or not, and the reasons for the recommendation; 2. Site and development analysis concentrating on the physical development of the site and its surroundings and including: 3. How the development relates to the natural features of the site; 4. The intensity of the proposed development; 5. The adequacy of vehicular and pedestrian access and internal circulation; 6. On-site environmental effects, such as drainage, groundwater, and waste disposal; 7. Potential effects on nearby properties; 8. The quality of the proposed design; 9. Impact on public facilities and services: an analysis of the capacity of existing public facilities, services and programs other than schools (sewer, water, streets, public transportation, fire, drainage, and other Town services), including consideration of any proposed improvements or mitigating measures, to serve the proposed development; 10. For non-residential developments and non-residential portions of mixed- use developments, analysis of Town fiscal considerations, including potential revenue and costs; 11. Policy analysis: comments on whether the proposed development complies with such elements of the Comprehensive Plan that have been adopted, other Planning Board policies, and such other Town policies as may be applicable; 12. Planning considerations: other points not covered above, such as the potential effects of the proposed development on the area immediately around it; 13. Purposes of zoning: a discussion of how the rezoning would satisfy the purposes of zoning (See Zoning Bylaw § 135-1.2.) and Massachusetts Acts 1975, Chapter 808, § 2A; 14. A comparison with the development permitted by right in the existing zoning district; 15. Comments and recommendations received from Town boards and departments; 16. A summary of the main points made by those attending the public hearing; and 17. Comments on any special conditions that are proposed. Page 39 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 SECTION 176-9.0 SITEPLAN REVIEW 9.1. GENERAL REGULATIONS 9.1.1 Authority and Purpose. These regulations governing site plan review are adopted under §135-9.5.4.2 of the Zoning Bylaw to create uniform procedures and standards for the review of site plans submitted to the Town. Said review is intended to protect the health, safety, convenience and general welfare of the inhabitants of the Town of Lexington by assessing potential impacts on municipal services and utilities, traffic, the environment and aesthetics and by assuring that the same are adequately considered. Site plan review is not aimed at the prohibition of permitted uses in a zoning district, but with reasonable regulation consistent with the public interest. 9.1.2 Amendment.These regulations may be amended from time to time by a majority vote of the Planning Board at any regularly scheduled, public meeting, following notice and a public hearing as required by §135-9.5.4.2 of the bylaw. 9.2 ADMINISTRATIVE REGULATIONS 9.2.1 Applicability. Under §135-9.5.2 of the bylaw, the following types of activities and uses require site plan review by the Board or its designee: 1. Exterior construction or expansion of a structure resulting in an increase of 500 square feet or more of total building gross floor area or 500 square feet of site coverage; or 2. Any change(s) to an approved site plan. 3. Any application showing exterior construction or expansion of a structure which results in an increase of less than 500 square feet of total building gross floor area in any three-year period is exempt from site plan review unless Subsection A(1)(a) or (b) of §175-79 applies. 9.2.2 Preapplication Review. 1. SKETCH PLAN. All applicants are encouraged to submit a sketch plan to the Town's Planning Department Office for review in advance of filing an application with the Board. Such sketch planThis review does not constitute a formal application for site plan review. Before or upon submittal of a sketch plan, the applicant must contact the Planning Department Office to schedule an appointment with Town staff to review the plan. 2. SCOPE OF REVIEW. Town staff will review the sketch plan in an effort to promote greater efficiency in the formal review process. Such review will be limited to technical issues in the areas of Town staff's expertise. While Town staff may offer opinions on the viability of a particular site modification, improvement or design, compliance with these regulations and/or the probability of securing waivers therefrom, all such comments are non-binding and should not Page 41 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: June 21, 2017 be construed by the applicant to constitute instructions or directives of a binding nature. 9.2.3 Approval. The Board, or its designee inthe case of a minor site plan review, may approve an application subject to such reasonable conditions as may be necessary or appropriate to: 1. Enforce compliance with substantive requirements of this Chapter, unless waived; and 2. Protect the health, safety, convenience, and general welfare of the inhabitants of the Town of Lexington. 9.2.4 Conditions. Among its conditions, the Board, or its designee in the case of a minor site plan review, may require the provision of adequate security by the applicant, in such form and amount as may be determined by the Board. This security is to ensure the satisfactory completion of all improvements required by its site plan approval, exclusive of those being made to privately owned structures. The Planning Board, or its designee in the case of a minor site plan review, may also require a formal commitment toof future compliance, including a monitoring program post-permit issuance for compliance purposes for a time specified in the site plan approval. 9.2.5 Disapproval. The Board, or its designee in the case of a minor site plan review, may disapprove an application where: 1. The application is incomplete, as determined by the Board or its designee in the case of minor site plan approval, and the applicant has been so notified and has failed to remedy the application; or 2. The imposition of reasonable conditions will not ensure the project's compliance with the substantive requirements of these regulations; or 3. The imposition of reasonable conditions will not adequately protect the health, safety, convenience and general welfare of the inhabitants of the Town of Lexington, or the public interest; or 4. The project, as proposed, does not comply with the Zoning Bylaw. 9.2.6 Lapse. Site plan approval by the Board lapses if building permits for development of the project, where required, have not been issued within two years from the date of approval. The Board may grant an extension of time upon the written request of the applicant for good cause. 9.3 MINOR SITE PLAN. 9.3.1 Applicability. An application made under §135-9.5.2 of the bylaw and not considered a major site plan under §176-9.4 will be considered a minor site plan. 9.3.2 Required Submittals. An applicant must submit one copy of its application for review of a minor site plan to the Town Clerk and five copies of the application to the Planning Board designee, the Planning Director in the case of minor site plan Page 42 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 approval. The designee may require a minor site plan to include, or be accompanied by, any information, and items required by these regulations. However, minor site plans must normally be required to contain only a plot plan, showing the location of all buildings and structures on the lot and including existing conditions and proposed changes. 9.3.3Decision bytheDesignee.The designee,under the standards set forth here,reviews minor site plans. The designee must, after review of the minor site plan, file a written decision within 60 days of receipt of the application in the office of the Town Clerk, and notify the applicant of his/her decision. The required time limits for the filing of such decision may be extended by written agreement of the applicant and the designee, and a copy of such agreement must be filed in the office of the Town Clerk. Failure by the designee to act in the sixty-day period is considered approval of the minor site plan. The applicant who seeks such approval because of the failure of the designee to act in the time prescribed must notify the Town Clerk, in writing, within 14 days from the expiration of said 60 days or extended time. 9.3.4 Appeal. The decision of the designee on a minor site plan may be appealed to the Planning Board. Such appeal must be filed with the Board within 14 days of the filing of the designee's decision with the Town Clerk. The decision of the Planning Board must be filed with the Town Clerk within 60 days of the date the appeal is filed. All costs of mailed notice and publication of notice must be borne by the party appealing the decision. 9.4 MAJOR SITE PLAN 9.4.1 Applicability. An application made under §135-9.5.4.1 of the bylaw will be considered a major site plan when: 1. Exterior construction or expansion of structures which results in an increase of more than 5,000 square feet of total building gross floor area in any three-year period; or 2. The available parking on the site is increased by more than 20 parking spaces in any three-year period. 9.4.2 Required Submittals. An applicant must submit one copy of its application for review of a major site plan to the Town Clerk and five copies of the application to the Board, including, unless waived, all of the following materials as described in 176-5.0: Page 43 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: June 21, 2017 1. A definitive site development plan, however, applicants may omit a property rights plan and traffic analysis. 2. A landscaping plan; 3. A lighting plan; 4. If applicable, the Parking and Transportation Demand Management (PTDM) plan described in §135-7.2.6 of the bylaw and proof of payment of the transportation mitigation fee described in §135-7.2.5 of the bylaw. 5. Proposals for mitigating measures or the construction of improvements to address the impacts, except traffic impacts, of the proposed development and to provide adequate capacity in Town facilities and services. 6. A checklist showing compliance with, or waivers sought from, the design standards of Subsection E. Any waiver request must be accompanied by a written statement indicating why such waiver should be granted. 7. A list indicating which items on the LEED Core and Shell Checklist, or equivalent scorecard, are intended to be included in the design and construction of the building(s). 8. A copy, if any, of the determination of applicability issued by or the notice of intent filed with the Conservation Commission of the Town of Lexington under MGL c. 131 §40, or Chapter 130 of the General Bylaws of the Town of Lexington. 9.4.3 Procedures. 1. Public hearing. The Planning Board must conduct a public hearing after publication, posting and notice per MGL c. 40A §11. 2. Majority required. The decision of the Planning Board must be by majority vote of the Board as constituted (i.e., three affirmative votes). 3. Filing; time limits. The Planning Board must provide a written decision, by majority vote, and file such decision in the office of the Town Clerk within 60 days of the date of application. The required time limits for the filing of such decision may be extended by written agreement of the applicant and the Board, and a copy of such agreement must be filed in the office of the Town Clerk. Failure by the Board to act in the sixty-day period is considered approval of the major site plan. The applicant who seeks such approval by reason of the failure of the Board to act in the time prescribed must notify the Town Clerk, in writing, within 14 days from the expiration of said sixty days or extended time, if applicable, of such approval and that notice has been sent by the applicant to parties in interest as defined in MGL c. 40A §11. The applicant must send such notice to parties in interest by mail, and each notice must specify that appeals, if any, must be made under MGL c. 40A §17 and must be filed within 20 days after Page 44 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 the date the Town Clerk received such written notice from the applicant that the Board failed to act in the time prescribed. 9.4.4 Change to an Approved Site Plan: Any proposed exterior construction or expansion of a structure resulting in an increase of 500 square feet or more of total building gross floor area or an increase in 500 SF or greater of site coverage; or any change to approved lighting plans; or any increase in the number of parking spaces; or any change to approved landscaping plans. Approved site plan also means any previously approved special permit with site plan review. 9.4.5 Appeal. Any person aggrieved by a decision of the Board made under this Chapter 176-8.0, may appeal said decision to a court of competent jurisdiction under MGL c. 40A §17. 9.5 DESIGN STANDARDS The following standards apply to applications for site plan review: 9.5.1 Lighting. Lighting standards are the same as those in §135-5.4.4 through §135-5.4.6 of the Zoning Bylaw. However, the applicant must also demonstrate that internal lighting does not cause overspill onto abutting properties, the street, or into the night sky. 9.5.2 Signs. The signagestandards are the same as §135-5.2.8 of the bylaw. 9.5.3 Noise. Noise standards are the same as §80-4 of the Code of Lexington, as may be amended. 9.5.4 Landscaping. Landscaping standards are the same as those of §135-5.3.4 through §5.3.10, §5.3.13, §5.3.14 and §5.1.13.9 of Zoning Bylaw, as may be amended. 9.5.5 Storm Water Management. Storm water management standards are the same as those per Chapter 114 of the Code of Lexington and the rules and regulations of the Board of Health, as may be amended. In addition, all storm water management facilities must comply with the Department of Environmental Protection's Storm water Management Regulations, 314 CMR 21.00 et seq., as may be amended. 9.5.6 Aesthetics. In determining the appropriateness of buildings, design elements of proposed buildings must be evaluated in relation to existing buildings adjacent or surrounding buildings. The Planning Board may not consider interior arrangements. The back and sides of each building must be given architectural care particularly if available for view by the public. 9.6 SITE DEVELOPMENT STANDARDS 9.6.1 Land Disturbance. Site and building design must preserve natural topography outside of the development footprint to reduce unnecessary land disturbance and to preserve natural drainage on the site. Page 45 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: June 21, 2017 9.6.2 Clearing for Utility Trenching. Clearing for utility trenching must be limited to the minimum area necessary to maneuver a backhoe or other construction equipment. Roots should be cut cleanly rather than pulled or ripped out during utility trenching. Tunneling for utilityies installation should be used wherever feasible to protect root systems of trees. 9.6.3 New Sites. Placement of new buildings, structures, or parking facilities must blend with the natural landscape. New building sites must be directed away from the crest of hills, and foundations must be constructed to reflect the natural terrain. Sites must be designed in such a way as to avoid impacts to rare and endangered species and wildlife habitat on a site, and to maintain contiguous forested areas. 9.6.4 Archeological or Historical Resources. The proposed development must be consistent with the applicable standards of the Historical Commission and the Massachusetts Historical Commission. 9.6.4 Preservation of Existing Vegetation. Priority must be given to the preservation of existing stands of trees, trees at site perimeter, contiguous vegetation with adjacent sites (particularly existing sites protected through conservation restrictions), and specimen trees. Understory vegetation beneath the drip line of preserved trees must be retained in an undisturbed state. During clearing and construction activities, all vegetation to be retained must be surrounded by temporary protective fencing or other measures before any clearing or grading occurs, and maintained until all construction work is completed and the site is cleaned up. Barriers must be large enough to encompass the essential root zone of all vegetation to be protected. All vegetation inside the protective fencing must be retained in an undisturbed state. 9.6.5 Location of Construction Activities. To minimize the clearing and grading on a site associated with construction activities such as parking of construction vehicles, offices/trailers, stockpiling of equipment/materials, such activities may be limited to areas already planned for permanent structures. Topsoil may not be stockpiled in areas of protected trees, and wetlands or their vegetated buffers. 9.6.6 Limit Of Clearing.Development envelopes for structures, driveways, wastewater disposal, lawn areas, and utility work must be designated to limit clearing and grading. Clearing of vegetation and alteration of topography must be replicated with native vegetation planted in disturbed areas. 9.6.7 Removal of Invasive Species. The removal of invasive species will be required except when their removal would lead to unnecessary or unneeded clearing, such as a large stand of mature trees. 9.6.8 Finished Grade.Finished grades in disturbed areas should be limited to no greater than a 3:1 slope (rise over run), while preserving, matching, or blending with the natural contours and undulations of the land to the greatest extent possible. Finished Page 46 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 grade must be no higher than the trunk flares of trees to be retained, unless tree wells are used. 9.6.9 Phasing Of Development. The extent of a site exposed at any one time through phasing of construction operations must be limited. Effective sequencing must occur inside the boundaries of natural drainage areas. 9.6.10 Revegetation. Proper revegetation techniques must be employed during construction using native plant species, proper seedbed preparation, fertilizer and mulching to protect germinating plants. Revegetation must occur on cleared sites in the first planting season appropriate to the selected plant species. Proposed landscaping must include native and drought-tolerant species and prohibit invasive or non-native plants. 9.6.11 Topsoil. A minimum of six inches of topsoil must be placed on all disturbed surfaces, which are proposed to be planted. 9.6.12 Irrigation. In general, the need for irrigation must be avoided by appropriate planting. The Planning Board may require that water to irrigation must be provided by an on- site well, cisterns, or other acceptable and feasible method. 9.7 PEDESTRIAN AND VEHICULAR ACCESS; TRAFFIC MANAGEMENT 9.7.1 Access. Access via roadways abutting residential districts must be avoided where possible. Entry to and exit from a development with frontage on more than one street must be in a way that causes the least impact to the surrounding neighborhoods as determined by the Planning Board. 9.7.2 Driveways. All driveways must be designed to afford adequate sight distance to pedestrians, bicyclists, and motorists exiting to public ways. Improvements may be required on the public way for vehicular turning movements in or out of the site and safe pedestrian access to adjoining sidewalks, paths, walking trails or bikeways. 9.7.3 Curb Cuts. Curb cuts must be limited to the minimum width for safe entering and exiting. The location of driveway openings in relation to traffic and to adjacent streets must provide for the convenience andsafety of vehicular and pedestrian movement inside the site. The number of curb cuts must be minimized. 9.7.4 Interior Circulation. The proposed development must assure safe interior circulation inside its site by separating pedestrians, bikeways, and vehicular traffic. Internal circulation must be planned to accommodate existing or planned transportation demand management services such as, but not limited to, public transit, ride sharing, and shuttle services. Traffic calming measures such as crosswalks, bike lanes, rumble strips, and landscaped islands will be required, where appropriate, oninside the site to maximize pedestrian and cyclist safety. 9.7.5 Transportation Plan Approval. Developments, where the applicant elects to proceed under the provisions of §135-7.2.5 of the Zoning Bylaw, where the applicant elects to Page 47 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: June 21, 2017 proceed under the provisions of §135-7.2.5 of the Zoning Bylaw must be consistent with both the Parking and Transportation Demand Management (PTDM) plan described in§135-7.2.6 of the bylaw and the TMO District plan described in §135- 7.4.2 of the bylaw. 9.7.6 Sight Distance. Acceptable sight distance must be provided and maintained at all entrance and exit locations. At a minimum, these site distances must meet the stricter of the Massachusetts Highway Department and American Association of State Highway Transportation Officials standards for safe stopping sight distances. 9.7.7 Maximum Parking. The development should provide no more parking than the minimum number required within the Zoning Bylaw. 9.7.8 Pedestrian and Bicycle Safety. Pedestrian and bicycle circulation, and the amenities 135-5.1.8 required, on and off- site, must be under § of the Zoning Bylaw and the following requirements: 1. All development and redevelopment must provide for pedestrian and bicyclist connections on the property and allow for possible future connections with adjoining properties. 2. Pedestrian access must connect to all building entrances with further connections to local pedestrian arteries. 3. Proposed development and redevelopment must provide enough rights-of-way on their properties to accommodate expected needs for bicycle and pedestrian use. 4. Sidewalks, crosswalks, walkways, bike racks, or other pedestrian access must be provided to allow access to adjacent properties and between individual businesses inside a development. 5. If the property abuts a public bikeway/right-of-way, a paved access route to the bikeway may be required. 9.7.9 Location of Parking Areas. Where feasible, parking areas must be located to the side or behind buildings to provide an appropriate setting for the building inside the context of the site and neighborhood and allow parking areas to be shared with adjacent businesses. The Planning Board may require alternative studies of parking lot layouts. Except where physical constraints, site configuration, or safety considerations preclude strict compliance, all parking must be accessible by driveways to the parking lots of adjacent nonresidential uses and land zoned for nonresidential uses. 9.8 UTILITIES 9.8.1 Wastewater. There must be adequate capacity to meet the flow demands of the proposed use under the standards of the Department of Public Works, the Board of Health, and the Massachusetts Department of Environmental Protection. Page 48 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 9.8.2 Water. The Department of Public Works must confirm that there is adequate water capacity to meet the flow demands of the proposed use. 9.8.3 Other Utilities. All electrical, cable and telecommunications services must be installed underground. Page 49 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 SECTION 175-10.0 TRANSPORTATION MANAGEMENT OVERLAY DISTRICT PLANS 10.1 GENERAL PROVISIONS 10.1.1 Purpose. Per §135-7.2 of the Zoning Bylaw, the purpose of Transportation Management Overlay District (TMOD) Plans is to allowgreater opportunity for facilitating effective multimodal transportation networks that will increase the quality of life in Lexington. Compliance with a TMOD plan provides an alternative to the special permit process outlined in Section 135-5.1, Off-Street Parking and Loading, and Section 135-5.5, Traffic, of the Zoning Bylaw. 10.1.2 Waivers. Upon request, the Planning Board, or in the case of a small project PTDM plan the Planning Boards designee, may waive strict compliance with the requirements of a TMOD plan for a particular development where such waiver is in the public interest and not inconsistent with the intent and purpose of the Plan. An applicant is not entitled to a waiver and the Planning Board, or its designee, in its discretion, may decline to approve a request for a waiver. 10.1.3 Effective Date.Any TMOD plans and regulations may be updated periodically to reflect actual development activity, actual costs of infrastructure improvements completed or underway, plan changes, or amendments to the Zoning Bylaws. 10.1.4 Enforcement. A final certificate of occupancy may not be issued unless or until all provisions of §135-7.2 have been satisfied. 10.2 HARTWELL AVENUE AREA (TMO-1) DISTRICT PLAN There is a Transportation Management Overlay District Plan adopted by the Planning Board specifically for the TMO-1 District, as required by §135-7.2.4 of the Zoning Bylaws, known as the TMO-1 District Plan or the Hartwell Avenue Area Plan. The increased development authorized for the Hartwell Avenue area by the Lexington 2009 Annual Town Meeting will result in increased traffic counts. Without pro-active intervention, such an increase will adversely impact traffic circulation in nearby routes and associated intersections. The TMO- 1 District Plan was developed to mitigate the effects of projected impacts. 10.2.1 Applicability. The provisions contained in the TMO-1 District Plan, and these regulations, apply to developments located inside the TMO-1 District that elects to comply with the requirements of §135-7.2 of the Zoning Bylaw and the specific requirements of the TMO-1 District Plan, instead of the special permit process outlined in §§135-5.1 and 5.5. 10.2.2 FAR. When a development electing to proceed under this section also requires a special permit because its floor area ratio (FAR) is greater than that permitted by right in the underlying district and the total additional net floor area is greater than 100,000 Square Feet (SF), the SPGA may impose additional traffic and infrastructure impact Page 51 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: June 21, 2017 related conditions, including additional transportation mitigation fees and parking and traffic demand management requirements, to meet the goals of the TMO-1 Plan. 10.2.3 Transportation Mitigation Fee. 1. Calculation of payment. The Transportation Mitigation Fee is the sum of $5.00 for each square foot of increased Net Floor Area, as defined by the Zoning Bylaw. 2. The timing of payment. Twenty-five percent of the fee must be paid within five days of the issuance of the building permit, site plan review (when applicable) or special permit, whichever occurs first. The remainder of the fee must be received in full, no later than the issuance of an Occupancy Permit. 10.2.4 Off-Street Parking and Loading Requirements. 1. Except as otherwise provided in this section, the parking and loading standards in the TMO-1 District must be calculated and applied per Section 135-5.1 of the Zoning Bylaw for the underlying district. 2. The preferential parking spaces required by §135-5.1.7 may also be used by single-occupancy vehicles with an EPA combined mileage rating of 40 or more miles per gallon. 3. All applicable sites must provide one bicycle parking space for each 15 motor vehicle parking spaces, with a minimum of two bicycle parking spaces 10.2.5 Parking and Transportation Demand Management Plans (PTDM Plans). 1. Developments located in the TMO-1 District that elects to comply with the requirements of the TMO-1 District Plan must create and carry out a parking and transportation demand management (PTDM) plan as detailed below. PTDM plans must be submitted for review with the application for a building permit, site plan review, or special permit, whichever comes first. A final certificate of occupancy may not be issued unless a complying PTDM Pplan has been submitted. 2. Types of PTDM Plans. Projects that require major site plan review or a special permit must submit a full PTDM Pplan, as described in §175-10.2.5.4. Projects that are either exempt from site plan review or subject to minor site plan review may submit either a Small Project PTDM Plan, as described in §175-10.2.5.3, or a full PTDM Pplan.. 3. Small Project PTDM Plans. Small project PTDM plans are reviewed by the appropriate permit granting authority. Projects exempt from Site Plan Review have their PTDM plans reviewed by the Building Commissioner, while projects Small Project PTDM plans must provide a description of the specific demand management techniques that will be used to achieve a reduction in single occupancy vehicle use. 4. Full PTDM Plans. Full PTDM plans are reviewed by the Planning Board. Full PTDM plans must include membership in, or a contract with, a local Transportation Management Association (TMA) that provides transit services in Page 52 of 51 Chapter 176, Planning Board Zoning Regulations Adopted: JuneJuly 2112, 2017 the Transportation Overlay District to reduce the use of single occupancy vehicles. Full PTDM plans must provide a description of the specific demand management practices that will be used to achieve a maximum of 85 % of site trips being in single occupancy vehicles. These must include the use of financial incentives that encourage the use of alternative commuting modes of travel to create equity between modes of travel, such as parking cash out, travel allowances, rideshare benefits, and transit benefits such as subsidies for TMA shuttles, MBTA and Lexpress passes. 5. Both small and full PTDM plans require annual reports to the Town. Unless a different arrangement is made with the Town, reports are due to the Planning Department Office on July 1, or the first business day afterwards. Annual reports must include: a. An Employee and/or patron mode split survey; b. Biennial counts of parking occupancy and driveway traffic counts; and c. The results of the selected PTDM measures and goal attainment. Page 53 of 51 Town of Lexington PB LANNING OARD Richard L. Canale, Chair 1625 Massachusetts Avenue Ginna Johnson, Vice Chair Lexington, MA 02420 Bob Creech, Clerk (781) 698-4560 Charles Hornig planning@lexingtonma.gov Nancy Corcoran-Ronchetti Michael Leon, Associate SPECIAL PERMIT DECISION 0 Grove Street Public Benefit Development Date of Application: December 12, 2016 Dates of Hearing: February 1, 2017 March 15, 2017 April 12, 2017 May 10, 2017 June 7, 2017 Public Hearing Closed: June 21, 2017 Date of Decision: Month X, 2017 Date Filed: Month X, 2017 APPLICATION INFORMATION This decision is accompanied and supplemented by a definitive site development plan, entitled Definitive Subdivision Plan Public Benefit Development 0 Grove Street - Liberty Ridge, December 12, 2016 (revised through June 14, 2017), concerning the property identified as Lot 3B 89. Sullivan Engineering Group, LLC prepared the plan for the applicant, North Shore Residential Development, Inc. The site contains approximately 540,144 square feet or 12.4 ± acres. The plan proposes the construction of 26 new residential units as well as 3 new affordable units. The 29 units will be served by a proposed common driveway creating two intersections off of Grove Street. The plan preserves approximately 5.42 acres of wooded area as open space while maintaining 1.32 acres of wooded area within the development as well as 0.44 acres of additional open space for use by residents of the development. DECISION The Planning Board hereby determines that the subject property is a proper parcel to be developed as a Public Benefit Development, as described under §135-6.9.3 of the Lexington Zoning By-Law and that it meets all required criteria for such approval, described in full below. GRANT The Board votes to the special permit application for the proposed development in accordance with the plans, terms, and conditions stated below. \[Title\] Wednesday, April 13, 2016 Page 2of 9 FINDINGS & DETERMINATIONS The plans and other submission materials were reviewed by the Planning Board, and the Engineering and Planning Offices. Throughout its deliberations, the Board was mindful of the statements of the applicants and their representatives, and the comments of the public, all as submitted or made at the public hearing. General Findings for a Special Permit (§135-9.4.2) After review of the application documents, including the supplemental information provided to the Board during the public hearing process, submitted to the Planning Board, testimony given at the public hearing, and review and consideration of the applicable requirements and criteria set forth in the Zoning Bylaw with regard to special permits, the Planning Board finds that the proposed development beneficial impacts to the Town or the neighborhood outweigh its adverse effects. In coming to this conclusion the Board considered each of the following: 1.Specific factors set forth elsewhere in this bylaw for the proposed use or activity. The decision covers the specific requirements for a public benefit development in more detail below. 2.Social, economic, or community needs which are served by the proposal. The Board considered the overall impact of the proposal on and determined that a project that produced more, but smaller units, including townhomes, duplexes, three of which would be affordable units was important to creating additional opportunities within the Town, especially when weighed against other alternatives. 3.Traffic flow and safety, including parking and loading. The potential impact on the transportation network was considered in some detail early in the review process. The applicant provided a transportation analysis in its submittal, which was reviewed by both the Planning and Engineering Offices. In addition to this the Planning Office conducted its own data collection in the area which verified the existing conditions. The Board does not believe that the scale of this proposal will adversely affect current conditions and has required a number of safety enhancements to improve pedestrian access and safety in the Grove Street area. 4.Adequacy of utilities and other public services. The proposed utilities for the site were deemed to be adequate and would not affect the area adversely. It should be noted however that a pre-existing problem with water pressure in the municipal main in Grove Street was a topic of concern early in the review process. This issue was unrelated to the proposed development and already identified by the Department of Public Works, who corrected this issue in the spring of 2017. A smaller matter, pertaining to the proposed sewer pump station and the noise its backup generator makes is addressed in the conditions below. 5.Neighborhood character and social structures. among the many residents who attended the proceedings and submitted testimony to the \[Title\] Wednesday, April 13, 2016 Page 3of 9 Board. Proposing a development with more units than allowed under conventional comments received from the public throughout the process feel that this proposal does not adequately resolve that tension. The Board however, drove adjustments to the siting of units, the location and nature of the open space, such that it is comfortable that these changes to the plans adequately mitigate this potential problem. 6.Impacts on the natural environment. concern for the residents and Board. Presently the site is entirely wooded and provides informal -Locked Forest a 300 acre piece of open space crisscrossed with trails that is extremely popular with hikers, runners, and mountain bikers. The Board would rather not be approving a development that removes the amount of trees depicted on the plan however, the site has been zoned for 30,000 square foot lots since 1950, and recently approved a 13 lot conventional subdivision on the same site. This proposal preserves approximately six acres of the site from disturbance requiring a hard decision between the lesser of two bad options. 7.Potential fiscal impact, including impact on Town services, tax base, and employment. A number of residents also considered the potential impact of the development on the system, which is at capacity and continues to have increasing enrollment. These residents are very concerned that the additional number of units the public benefit development includes (above the conventional alternative) will result not only in additional overcrowding, but an inherit subsidy by the other taxpayers of the Town to cover the expenses associated with the children that may occupy the units. The Planning Board considers the impacts on the Town in a general fashion, and is keenly aware that both state and federal fair housing law requires care when dealing with a protected class. This topic has been discussed in past proposals at length and while the Board understands that there may be some expenses associated with additional units, Town Meeting was fully aware of this when it empowered the Board to issue this type of special permit. In this case, the evidence submitted on the impacts do not outweigh the overall benefits the development represents to the Town. Specific Findings & Determinations for a Public Benefit Development (§135-6.9.19) Beyond those standards, the Planning Board must also determine that the proposed development is consistent with standards and criteria specific to those for a special permit residential development, enumerated in §135-6.9.19 of the Zoning By-Law. The Planning Board has considered all of these criteria and is imposing conditions on its approval. The Board grants the Special Permit for a Public Benefit Development because it has determined that the proposed development is consistent with the standards expressed in §135-6.9.19 that are applicable to this project: 1.Open Space. The proposed development includes ±312,525 SF of open space, exceeding . The open space will increase the \[Title\] Wednesday, April 13, 2016 Page 4of 9 visual appearance of the development, and is readily accessible and usable to existing and future residents. 2.Building Disposition. The proposed dwellings have been sited in such a manner to create complementary relationships with each other as well as their surroundings. The Applicant provided renderings of the proposed elevations to the Board at the public hearing.. 3.Visual Impacts. By siting the dwellings within the site, amidst the trees, the proposed development is designed to screen and minimize any negative impacts that might affect abutters. 4.Connectivity. Developer has agreed to work with Town to enhance trail network on the adjacent Wright Farm Property, which was recently purchased by the Town and is under the Cons trails located in the maintained wooded areas on the Grove Street property which will -Locked Forest. 5.Multi-Family Building Design. By creating 24 new townhouse units in twelve structures the proposed development is addressing the community housing needs. 6.Common Facilities. The Applicant has acknowledged its responsibility to create a Home the open space, the common driveway, and its related infrastructure, notably the drainage system and snow and ice clearing. The decision is conditioned to ensure this. 7.Multi-modal Access. As per the submitted plans, the applicant will be constructing sidewalks and installing crosswalks on Grove Street to enhance pedestrian accessibility in the area. Applicant will also be constructing a cedar-wood bus shelter and bench for . 8.Sustainability. As a Public Benefit Development the project generally reduces its development impact within the tract when compared to its conventional subdivision counterpart, particularly as it relates to land disturbance and tree removal. Other aspects of the development include a 20,000 gallon rainwater harvesting tank, and permeable driveways for each dwelling uni resource, the Board has conditioned the decision to prohibit the use of pesticides within the site. WAIVERS It is implicit and understood that in a special permit residential development many of the requirements Subdivision Regulations (Regulations) for a conventional subdivision layout and design of ways and lot plating do not apply. Therefore, in accordance with §135-6.9 of the Lexington Zoning Bylaw, the Board waives strict compliance with specific provisions that pertain to conventional subdivisions. The Board finds that strict compliance does not serve the public interest and would be inconsistent with the creation of a Public Benefit Development and the inten \[Title\] Wednesday, April 13, 2016 Page 5of 9 TERMS & CONDITIONS OF APPROVAL General Terms 1.Endorsement of the approval is conditional upon the provision of a performance guarantee as described in Section 135-. Said form of guarantee may be varied from time to time by the applicant, subject to agreement on the adequacy and amount of said guarantee by the board. 2.Modifications, if any, must also be shown on the plan before its endorsement and recording. 3.The entire tract of land and buildings to be constructed shall not be used, sold, transferred, or leased except: a.As granted by this Decision; b.As shown on the Definitive Site Development Plan; and c.In accordance with subsequent approved plans or amendments to this Decision. 4.If any amendment is sought to this Decision all relevant plans and information must be submitted as required by the applicable rules. 5.The property deed shall contain the following provision: "The construction and operation of the development are governed by a Special Permit issued by the Lexington Planning Board on Month X, 2017, a copy of which is available for inspection at the Town Clerk's Office, Town Office Building, Lexington." 6.The Town of Lexington is not responsible for the operation or maintenance of the proposed common driveway from the legal restrictions and requirements imposed on each homeowner, at its expense, shall be responsible for the maintenance and the associated infrastructure in the common driveway. 7.The terms and conditions of this decision must be enforced by the residential homeowners to the extent necessary to comply, including if necessary any proceeding at law or in equity against any person or persons violating or attempting to violate any such condition or restriction, either to restrain the violation or to recover damages. If the residential homeowners, or any association established by them, fail to enforce said conditions and/or restrictions, any one owner, or the Town of Lexington, may bring a proceeding at law or in equity against any person, persons, or association in violation thereof to enforce compliance with said conditions and/or restrictions. Each deed or any association instrument, as applicable, shall contain a provision with the foregoing language therein. 8.No site preparation work or construction shall commence until the Planning Office has confirmed in writing that the following conditions have been satisfied: a.The approved perimeter Limit of Work (LOW) line is clearly marked with construction fencing, hay bales, silt fencing, or approved substitute, as appropriate. The LOW may be modified at the discretion of Planning Staff. Construction activity outside the LOW is strictly prohibited, except to allow for \[Title\] Wednesday, April 13, 2016 Page 6of 9 minor landscaping activities when approved by the Planning Office in advance. All protective fencing and LOW lines shall be maintained until all construction is complete. 9.Trees slated for preservation are protected from damage or loss by construction activities by the use of construction fencing or protective barricades. Such controls shall be located according to one of the following methods: a.At the drip line of the tree; or b.From the trunk at a distance of one foot for each inch of trunk diameter; or c.From the trunk at a distance of five times the diameter of the trunk. 10.No work, including site preparation, land disturbance, construction, and redevelopment, shall commence unless and until pollution prevention, erosion and sediment controls are in place. If and when applicable, the Storm water Pollution Plan required by the National Discharge Elimination System Construction General Permit Program shall be implemented until the site is fully stabilized. 11.Hours of construction. No construction activity on the property which causes noise, vibrations, glare, dust, debris or another detrimental impact, and is perceptible on, or affects any adjacent lots, shall take place prior to 7:00 a.m. or after 7:30 p.m. 12.This Decision is not intended to interfere with, abrogate, or annul any other local bylaw, rule or regulation, statute, or other provision of law. 13.The following sheets of the Plan shall be recorded with the decision (and when required, registered with the Land Court): a.The Property Rights and Dimensional Standards Plan; and b.The Site Construction Plan. 14.All conveyances of deeds must include the maximum gross floor area and impervious surface limits associated with the site subject to the prior approval of the Planning Office. Special Conditions 1.In accordance with § 9.4.3.1 of the Zoning Bylaw, the Board conditions its approval to require the development to conform with the recently adopted zoning amendments pertaining to attics, basements, crawl spaces, gross floor area, stories, and half stories. 2.Construction Mitigation. During construction, the following conditions apply: a.The parking of construction vehicles and associated equipment on Grove Street is prohibited. 3.Sewer Pump Station Noise Mitigation. Out of concern for the units in close proximity to the sewer pump station, the applicant must ensure that: a.All conveyances of Units 7, 8, 9, or 10, requires notice of the weekly, 10-minute generator tests to the new owners. b.The condominium rules must afford the owners of Units 7, 8, 9, and 10 the -minute generator test. \[Title\] Wednesday, April 13, 2016 Page 7of 9 4.Public Access & Trails. This permit requires that either: a.The applicant constructs the proposed path network (BY WHEN?), or b.The applicant provides a payment, based on the estimated construction costs of building the paths, in lieu of the trails described in the approved plan set. c."Special Permit is conditioned on the Applicant working with Town Conservation and Greenway Committee on design, permitting and installation of the hiking trail from Grove Street to the Burlington Landlocked forest, as shown on the Applicant's Plans, during the time period of construction of Liberty Ridge, including construction of public sidewalk from Liberty Ridge northerly entrance to Wright Farm hiking trail entrance location as shown on approved Plans, or in the alternative should the trail construction become infeasible as a result of permitting issues or otherwise, as confirmed by the Planning Department, the Applicant shall make a payment to the Town through its _______Department of an amount equivalent to the cost to the Applicant of completing the construction of this trail, such amount, not to exceed $30,000.00. Such funds will be estimated by the Applicant and confirmed by the Town Engineering department, and shall be used by the Town exclusively for Trail construction within Lexington." d.Trail Access: The Condominium Documents shall specifically permit public pedestrian access from the northerly entrance of Liberty Ridge, directly down the Main Driveway and sidewalk to the Trail path located between Units 4 & 5. Public Access does not include vehicular access on Liberty Ridge property nor access across other areas of the Liberty Ridge lot, and all public access is subject to the same conditions the regulate Liberty Ridge Residents such as pet regulations, trail use, etc. 5.Building Permits. Building permits will not be issued for new construction until the Planning Office indicates that Town Counsel has approved the final form of the following documents: a.The various utility maintenance easements; and b.The condominium association (or similar entity as described above), including the operation and maintenance responsibilities requirements for the private water, sewer, stormwater, and irrigation facilities. 6.Occupancy Permits. Certificate of occupancy permit will not be issued for any new dwelling until the Planning Office indicates that: a.The record drawings (as-built) of the sewer and water mains have been provided to the Department of Public Works (DPW), unless waived, in writing, by the DPW Director. b.the final grading and landscaping of the parcel are completed, as demonstrated by an as-built plan. Provided, the Planning Office may accept security sufficient to ensure the performance of this condition, in accordance with §135-9.4.5 of . \[Title\] Wednesday, April 13, 2016 Page 8of 9 c.The Gross Floor Area (GFA), as demonstrated by an as-built plan, meets or is less than the GFA limit as shown in §135-6.9.6 (2). d.The DPW has received the appropriate sewer and water tie-in information on the unit for which a CO is sought 7.Special Permit is conditioned on Applicant arranging for, and completing the sale of three (3) affordable Units Numbered on the plan as Units14, 16 & 26 to either LexHAB, or in the alternative under an open lottery system in accordance with DHCD guidelines. For Scheduling: One affordable Unit will be offered for sale and available for closing before 15 of the 26 market units are conveyed to buyers; Two affordable units to be offered for sale and available for closing before the 20th market rate unit is sold and closed; and the third affordable unit will be offered for sale and available for closing before the 25th market unit is conveyed. 8.Special Permit is conditioned on Applicant executing and recording the agreed upon Declaration of Restrictive Covenant protecting the 5.42-acre parcel of land on this site on or before the completion of construction of Liberty Ridge development. 9.As a condition of the Special Permit, the Liberty Ridge Condominium bylaws shall include the following restrictions or conditions (in addition to other standard provisions), which may not be modified without the express consent of the Lexington Planning Department: a.Occupancy of the Homes are limited to two related persons per bedroom or one unrelated person per bedroom; b.Exterior lighting on the perimeter of the Site will be restricted to standard wall mounted residential fixtures that will be shaded from neighboring properties. No flood lights or yard lights are permitted with the exception of low wattage lights on the walkways between the front of the individual units and Liberty Ridge Drive. c.Liberty Ridge Association will be responsible for all utilities located on site including, but not limited to, the maintenance of the sewer pumping station, its backup generator, and the acoustical/aesthetic fence surrounding it in accordance with all Lexington Bylaws. d.Liberty Ridge will be responsible to maintain the Cedar-wood LexExpress Bus Shelter and Benches to be built by the Applicant on Grove Street per Plans. e.Liberty Ridge will refrain from posting No Trespassing signs without first consulting with the Planning Department. f.Harmful pesticides or other non-organic products may not be used to treat lawns or other common landscape spaces. g.Sanitary Sewer Pumping Station Backup Generator: The backup generator for the Sewer Pumping Station shall: i.Be in compliance with the Lexington Noise Bylaw: ii.Will be enclosed in a sound resistant fenced enclosure; and iii.The condominium bylaws shall require that Units 7, 8, 9 & 10 mutually agree to the scheduling of the weekly 15-minute exercise cycle of the generator to assure that these units are not disturbed by the sound of the generator. \[Title\] Wednesday, April 13, 2016 Page 9of 9 RECORD OF VOTE The members of the Planning Board, on Month X, 2017, unanimously voted to grant the certificate of action, subject to the above-stated terms and conditions. For the Board, Richard Canale, Chair Planning Board Copy of Decision to: Applicant (by Certified Mail) Town Clerk Board of Health Building Commissioner Conservation Commission Fire Chief Police Chief Town Assessor Director of Public Works Revenue Officer PLANNING BOARD MINUTES MEETING OF JUNE 7, 2017 A meeting of the Lexington Planning Board, held in Selectmen’s Meeting Room was called to order at 7:00 p.m. by Chair, Richard Canale with members Charles Hornig, Nancy Corcoran- Ronchetti, Bob Creech, Michael Leon, and Ginna Johnson and planning staff Aaron Henry, David Kucharsky, and Lori Kaufman present. *******************************STAFF REPORTS******************************** General Updates: Staff requested that Planning Board Member summer vacations dates be submitted as soon as possible. The applicant for the 435 Lincoln Street development was advised at the Conservation Commission Meeting that the City of Cambridge was opposed to the path to be created. The developer is working with staff to understand the issue more fully. Additional materials for 0 Grove Street came in late and will be posted as soon as possible. *********************DEVELOPMENT ADMINISTRATION************************ 0 Grove Street/Liberty Ridge, Public Benefit Development (PBD): Chair Richard Canale opened the continued public hearing at 7:05 p.m. with approximately 35 people in the audience. Plans were received tonight for the first time and the applicant will present them and there will be limited questions from the Board and public tonight. Mr. Creech recused himself and Mr. Leon, Associate Planning Board Member is sitting in on this special permit process for 0 Grove Street/Liberty Ridge. Mike Rosen, attorney, Ron Lopez, applicant, John Farrington, attorney, Jack Sullivan, project engineer and David Jay, landscape architect were present. Mr. Rosen said there were two major issues the number of units and the aesthetic components. Mr. Rosen said work was done the last few weeks on the project and the applicant made significant improvements based on what they heard. The number of units was reduced to 29. Mr. Sullivan explained that under the zoning Bylaw this is a 13 lot subdivision and not an 11 lot subdivision. Survey work was done in April and got the location of the vernal pool certified. Page 2 Minutes for the Meeting of June 7, 2017 Mr. Rosen believes the number of units is appropriate for this site and presented a comparison of Liberty Ridge to Vera Lane and with the reduced number of 29 units and reduced size for the other units as requested by the Board. The applicant could not reduce the number of units as much as requested, but there is a significant reduction in the total GFA, amount of impervious surface, and an increase in the amount of open space area. A comparison analysis was presented and can be found in the Planning Office in the packet for this evening. The updated plans include tree preservation, the trail construction plan and a granted easement. The entrance way renderings were presented to make the project look less like a gated community by removing the wall and made the road look more like a driveway. The area that is sloped will remain a wooded area. There will be a limited the number of curb cuts and protect the natural slopes when the road is being constructed. The 29 units will be located on the northerly side and eliminated the installation of “No Trespassing” signs. In the past decade there have been eight approved projects with similar densities. Individual Board Member Comments: Appreciate all the work but still too many units and cannot support this, but the project is heading in the right directions No applicant is entitled to the maximums there are limits, which are at the discretion of the Board. Eliminate the irrigation plans. Mr. Rosen explained that failing to approve the special permit that met the criteria of the bylaw and what’s been allowed in the recent past might be considered arbitrary and capricious by the courts. The bylaw and historical tendencies is all the developer can rely on. Would like to look at the changes and impacts. Prefer the Liberty Ridge to Vera Lane proposal, this provides smaller units and less site disturbance. Will review the submitted plan changes before commenting further. Appreciate all the changes and look forward to viewing the changes on the plan regarding the challenges for this site. Liked the move to greater diversity and reduction in the individual unit sizes and maintains more of the significant wooded nature. Do not know it you tried to screen autos and make this more pedestrian friendly. Want time to review the plan, but liked the changes presented to address Board concerns. Like all the changes and will see if 29 units might be acceptable even though wanted 24 units. The generator noise is problematic figure out how could you buffer it or consider finding less noisy pieces of equipment. Audience comments: The comps are not valid because they are in more congested areas this is a conservation area with a lot of wetlands and a lower density. Minutes for the Meeting of June 7, 2017 Page 3 Get rid of the pump creating sound problem. Just move the road a little closer up and away from conservation land which would reduce costs. Thank you for the changes but like Ms. Johnson’s plan. There are concerns with properties so close to wetlands and near the vernal pools. Every time you move the road you impact the creatures habitat they do not know boundaries. Road salts and chemicals are a concern. GFA would be impacted if any crawl space areas are more than 5 feet high and should not be allowed by the Planning Board. Town Meeting approved amended definitions which included that concern, which will be less than in the past. This is much more aligned with the nature of the site, keep buildings to the front of the site. In favor since less land is disturbed, more trees saved, houses smaller, and three units for LEXHAB How many people have walked the property? This is a cliff and all this material and chemicals will be going into the vernal pool. Move the development to the left hand side where it is flat and reduce the number of units. Traffic is a mess on Grove Street already. This is too much to drive into a slope like this without disturbing the land in a massive way. In favor of PBD like the last set of changes presented and if this plan is rejected 13 large houses will go up as a by right development. What is the profit margin for 29 small units as to 13 larger units about 60 million or more? Where is the stone wall that will be preserved? Mr. Sullivan said any walls to be built will use that wall’s stones. The Board should consider one traffic study with no impact and one study where there is impact. What is the truth and the cost per student as proposed was different in each report. Is the truth that people with the big houses will pull down the trees? Ask the Board to check the numbers to see which is correct and make sure the numbers are accurate on all the information. It is hard to determine who will buy the homes, but the Board will look at everything when it comes to approvals with zoning and the regulations and public input. Most of the comments heard from abutters want the 13 single family homes. Fewer larger houses is the way to go for the neighborhood, traffic, and environment. Mr. Rosen said you can’t please everyone and the question at hand is did the applicant comply with the bylaws. Everyone wants something different. Consider the applicant reduced the GFA Page 4 Minutes for the Meeting of June 7, 2017 substantially and could reduce more if t got rid of the affordable units, but prefers not to consider that. The applicant is taking 45% of the property and stewarding it by protecting it and not out of place for this community. The applicant addressed the 21 points and if the applicant complies with the law that has been acceptable in the past the requirements for the Special Permit application have been met. Any information that has been left out please provide to staff. The noise issue and any materials need to be submitted a week before the date the hearing will be continued to. On a motion of Mr. Hornig, seconded by Ms. Cororan-Ronchetti, the Board voted, 5-0, to continue the public hearing to June 21, 2017 in the SMR at 8:00 p.m. *************************BOARD ADMINISTRATION**************************** FY18 Work Plan Discussion : Review Goals & Objective: There are several applicants for the planner job and interviews and hope to have a hire by September 1, 2017. A Board Member suggested hiring someone with low impact and complete street knowledge. The hope is to have an Advisory Committee including the Planning Board, Board of Selectmen, and School Committee in mid to late September for the Comprehensive Plan. There should be a broad balanced committee from the community in the next four to six weeks. Staff is developing the RFP over the next few weeks. The Planning Board should decide which two members should to be on committee next week. Need to know what would be the time commitment and meeting schedule for the advisory committee and is a priority. Want to make sure the 2020 Committee work plan fits with the Comprehensive Plan. Provide your thoughts on what kind of stakeholders should be involved in this committee to staff. There will be one Fall Town Meeting. There are two NCD proposals with approved draft reports submitted to staff for review and the Planning Board will have a joint meeting with the Historic Commission at the beginning of September to meet the deadline for the Fall Special Town Meeting. King Street property and Marijuana zoning changes (moratorium) are other items for the Fall Special Town Meeting. Staff will follow up on these matters. Review Proposed Meeting Schedule, Implementation items for the 2018 Annual Town Meeting: Individual Board Member Comments: SPRD the Board has to decide what to do with this Minutes for the Meeting of June 7, 2017 Page 5 Put these things on hold while widening the discussion on the Comprehensive Plan. Economic Development, but things should not wait for three to five years till the Comprehensive Plan is done and the world can’t stop because of it. Find Time to discuss Article 40 again. Look at the items holistically as opposed to moving forward on one or two items. Discussion on the Depot Lot Development regarding retail and senior housing residential units should be looked at. The BOS looking for our goals: Comprehensive Plan is the top of the list. The Town of Bedford has expressed interest in having the State (Boston MPO) conduct a study of the 4/225 corridor. They would like Lexington’s participation in this effort. Board of Selectmen should work to convene a meeting with Bedford to discuss this as well as allocate funds towards developing 25% design plans for the Hartwell/Bedford/Wood Transportation Plan. Board Member Reports: A member went to a MAGIC/AARP the discussion was encouraging seniors aging in place. Review Board and Committee Assignments: Discussion for next meeting. Board members will advise staff what they would like to take on or be removed from. Discuss the proposed amendments to the Subdivision Regulations and Zoning Regulations: Next meeting is public hearing. All projects would be reviewed by Engineering Department which are above thresholds on storm water. For a street determination if requesting waivers omit the requirement for the un-waivered plan. Review and approve amendments to the Planning Board Procedural Rules: Discuss them at the next meeting Minutes: Look at Joint meeting let staff know On a motion of Mr. Hornig, seconded by Ms. Corcoran-Ronchetti, the Board voted, 5-0, to approve the minutes of January 4, 5, & 18 and May 24, 2017. On a motion duly made and seconded it was voted, 5-0, to adjourn the meeting at 10:30 p.m. The meeting was recorded by LexMedia. Page 6 Minutes for the Meeting of June 7, 2017 The following documents used at the meeting can be found on file with the Planning Department: Fougere Planning and Development, Inc. letter regarding Zero Grove Street, dated 5/23/17 (3 pages). Letter from Michael Rosen, regarding North Shore Residential Development regarding 0 Grove Street, dated June 6, 2017 (14 pages). Letter from North Shore Residential Development regarding 0 Grove Street, dated June 6, 2017 (4 pages) Definitive Public benefit Development for Liberty Ridge, dated 6/5/17 (4 pages). Comparison of Liberty Ridge, PBD to previous Liberty Ridge and approved Vera Lane Conventional plan (2 pages). Grove Street abutters within 200 feet from 0 Grove Street (6 pages). Pictures of Liberty Ridge Entrances (3 pages). Lexington Balanced Housing developments (1 page). Ginna Johnson, Clerk PLANNING BOARD MINUTES MEETING OF JUNE 21, 2017 A meeting of the Lexington Planning Board, held in Selectmen’s Meeting Room was called to order at 7:00 p.m. by Chair, Richard Canale with members Charles Hornig, Nancy Corcoran- Ronchetti, Bob Creech, and Ginna Johnson and planning staff Aaron Henry, David Kucharsky, and Lori Kaufman present. Michael Leon joined the meeting in progress. *******************************STAFF REPORTS******************************** General Updates: Board of Appeals (BOA) applications for the July 13 meeting will be scanned and sent to Board Members to review and return comments to staff before July 13 so they can be submitted to the BOA. The Planning Board, Board of Selectmen, and Economic Development Advisory Committee summit is tomorrow morning at 8:00 a.m. in Estabrook Hall. *********************DEVELOPMENT ADMINISTRATION************************ PUBLIC HEARING 167-177 Cedar Street, Definitive Subdivision Plan: Chair Richard Canale opened the continued public hearing at 7:05 p.m. with approximately 30 people in the audience. Michael Novak and Rick Waitt from Meridian Associates, Ben Finnegan, applicant, and Gary Larson, landscape architect were present. Mr. Novak went through the changes submitted. The road names were removed and new names were submitted, the changes made were based on comments from the Board at the last meeting. Engineering requested an eight inch water line from a six inch water main. Mr. Finnegan met with both abutters regarding screening during and after construction and they are here at this meeting. Individual Board Member Comments: Does the hooking into existing water main need to cut into the road? No. Drainage structure overflow do you have them? Mike said yes they are on the upper outlet above elevation and act as an emergency overflow and bounded by riprap. Are you confident the Trager’s residence will not increase runoff to their basement? The runoff will decrease from what is currently existing. Page 2 Minutes for the Meeting of June 21, 2017 Will the stone walls remain on site? Yes, they will be relocated on the site for any part of the wall that will be disturbed. Work with staff on relocation of those parts of the stone wall from lots 7 and 8. Audience Comments: Concerned about the water system where will they be located? They will be within the lots. There will be a lot more impervious surface and a slope of in total 15-17 feet where the runoff can go on to our property. What else can be done to mitigate the water from heading that way? We are making sure no water will cross off the site onto the property we are only making it better by adding additional infiltration systems to address the additional hardscape. Planning staff and Engineering spent a lot of time to make sure this would not create more water runoff even though there is more hardscape. Individual Board Member Comments: Reduce impervious surface and plant large canopy trees such as black willows that will absorb lots of water on the site. Like the new street names submitted in the memo and the Board will discuss after they hear back from the Police and Fire Departments first. Board Conclusions: Ms. Johnson, Mr. Creech and Mr. Canale were in favor of the original plan with the changes as shown for the sidewalks On a motion of Mr. Hornig, seconded by Ms. Corcoran-Ronchetti, the Board voted, 5-0 to close the public hearing at 7:40 p.m. Staff should draft a decision with the waivers for sidewalks, keep stonewalls on site, and name of the road waiting to hear from the Police and Fire Departments. Individual Board Member Comments: Will there be an easement for the golf course regarding the back land. There have been no other talks with golf course and have no answer regarding the small corner of the back land. Will wait for input on street names till the next meeting. On a motion of Mr. Hornig, seconded by Ms. Corcoran Ronchetti, the Board voted, 5-0, to approve the definitive plan with the changes discussed above and the street name to be resolved before plan endorsement. Minutes for the Meeting of June 21, 2017 Page 3 Subdivision Regulations & Zoning Regulations: On a motion of Mr. Hornig, seconded by Ms. Corcoran Ronchetti, the Board voted, 5-0, to continue the public hearing without discussion to Wednesday, July 12 at 9:00 p.m. in the Selectmen’s Meeting Room. STREET DETERMINATION 2 Rolling Lane, Street Determination: Mr. Farrington, attorney, and Fred Russell, civil engineer were present. This is an unaccepted street and background is presented in a letter from Mr. Farrington dated May 12, 2017 for a street determination for 2 Rolling Lane with requested waivers. These ways have been used for the past 116 years by the Town and neighbors. Mr. Russell showed the proposed road with a width of 19 feet 1 foot wider than the staff’s request. The installation of cape cod berms to prevent erosion was requested by staff, but the slope is less than 2% so the likelihood of erosion is low and feel a berm is unnecessary. The construction of a sidewalk would not be necessary given the impervious surface and would make the project cost prohibitive to the owner. A catch basin at the end of the School Street intersection needs to be reconstructed. Individual Board Member Comments: Like to defer to Engineering regarding the installation of the berm. Is there a need for it? Why would you not put the sidewalk on the south side of the street? To protect the tree and utility pole behind it. Figure out a way to putin the sidewalk since it serves a lot of people for pedestrian access. There is a problem with climate change and less pavement reduces climate warming. Put a berm on the north side to allow safe refuge for pedestrians. On the opposite side of school street there is a gravel pathway. Want safe access for the children from school with the asphalt berm. Do residents want a sidewalk on Fairland? Do not need that. Audience Comments: During construction there is concern that vehicles will park and prevent access for on the part of the road that cars can’t get by. This could create a plowing problem if the pavement does not match. If there was a gravel path how will it be maintained? Residents who want to speak with the contractor to pay for the rest of the street to be improved can do so, but this out of the purview of the Planning Board. Town Engineering and staff will work with the contractor on ensuring that the Town is satisfied but can only be advisory. The only concern is if you asked the Town to get involved you would get a much more Page 4 Minutes for the Meeting of June 21, 2017 expensive project. Mr. Farrington said they would coordinate the contact for abutters. The other process is ask the street to be accepted, but could be expensive. Individual Board Member Comments: Four foot sidewalk from School Street to Deering on the north side of the street and one foot of asphalt berm and 18 foot wide-street as per Engineering and staff. Mr. Farrington said they would price it out. Discuss with neighbors about price sharing for the road. On a motion of Mr. Hornig, seconded by Ms. Corcoran-Ronchetti, the Board voted, 5-0, that with the following changes that include cape cod berms to prevent runoffs, reconstruction of the catch basin on the south side of the intersection of School Street, and the construction of a four-foot wide sidewalk from School Street to Deering with material acceptable to Engineering and AAB the road will then be of adequate grade and construction. PUBLIC HEARING 0 Grove Street, Public Benefit Development: Chair Richard Canale opened the continued public hearing at 8:40 p.m. with approximately 70 people in the audience. Mr. Creech recused himself and Mr. Leon, Associate Planning Board Member is sitting in on this special permit process for 0 Grove Street/Liberty Ridge. John Farrington, attorney, Ron Lopez, applicant, Mike Rosen, attorney, Jack Sullivan, project engineer and David Jay, landscape architect were present. Mr. Sullivan discussed some of the changes which included: added snow storage areas on the landscaping plan, define the amenity area where the drainage infiltration area with a kids play area and grass field open space, the driveways will be porous, a restrictive covenant will be given to the Town, and revised drainage calculations accepted by Engineering. The permeable driveways are being counted as impervious surfaces. There will be 25 trees planted off site in Lexington. The applicant is open to doing a more detailed noise study. Lots 4 and 5 can be built and meet the Conservation Commission requirements. Lot 3 and 6 could build outside the 100 foot buffer zone which is not near the vernal pools. Mr. Farrington said another issue about construction of a sidewalk from Liberty Ridge to Grove Street which would require 30 major trees to come down and a large about of grading would be required. Individual Board Member Comments: Can you extend the list to include prohibitive plants and trees? Yes. Minutes for the Meeting of June 21, 2017 Page 5 Occupancy restrictions could be problematic and the Board should not be involved in the decision. Would the bus shelter and common amenities be maintained by the condominium association? Yes. How long would the generator noise be 5-8 minutes? Will the propane tanks be underground in the buffer zone? They would be underground and outside the buffer zone. The LOW looked very close and too narrow to be able to do the work is it changed from the last proposal. No, the work can be done and no grading would be necessary. Which units are the affordable ones? Units 14, 16 and 26 are the affordable units. Concern was expressed about the impact on noise for units 8, 9, & 10 from the generator would only run 10 minutes a week and only in an emergency. The noise level disclosure would need to be done for those units or a way to reduce the noise. Mr. Farrington said these generators are used throughout Massachusetts. We will get that information. The public can access the street from the constructed trail on the site. Mr. Rosen said access was provided and there will no signs stating “No Trespassing”, but the public must abide the same rules the condo owners would have. In the past easements were used, but Town Counsel is working on a different approach and staff waiting for the attorney’s feedback. Is the table of development GFA correct? Will the developer use the new guidelines approved at Town Meeting? No this project is exempt from those requirements. What would be the change based on the new rules for GFA? What are the condo fees for the affordable units? It is based on the value of the home as an affordable unit? DHCD determines that information and the units will remain affordable. Public Comments: Several people wrote to the paper that they are concerned about such a high density on this site. There were 2000 signatures on a petition about concern of with the high density in a conservation area, overcrowding at schools. This would be changing the character of the neighborhood. How many letters have been received with concern about density and Page 6 Minutes for the Meeting of June 21, 2017 conservation space, and changing the character of the neighborhood and this is setting a precedent which is a concern. Where is the rock wall? It is shown on the existing conditions page. Glad to see three affordable units and a conservation restriction for five acres of land. What is the footprint? It would be about 1300 square foot. These are being called affordable, but that is not real and a concern. Just because recently there are less letters received doesn’t mean there is less concern. Want assurances that the plans will be monitored for compliance. The closest retail services are over a mile away and are not approachable for affordable units. These are households that are making decent money and do not count on public transportation. This project does not fit in the community and on a winding road. This is not a local issue it is a fiscal impact issue for the Town. Has the fiscal analysis been revised and there were no changes the past two weeks. The consultant reviewed the comments and stands by his methodology. The consultant is wrong on his assumptions and data. During the nine years serving on the Planning Board there had been a lot of work done. This project years ago would have been very desirable and am very enthusiastic about this project and urge the Board to approve this plan to provide more diversity. Our road will be a cut through and become very busy and cars will be speeding up and down the road. Prefer the Board consider Ms. Johnson’s plan. This will not be a pedestrian friendly development. The runoff will be reduced if moved closer to the front. Public benefit is still at 10%. Some of the roads are in such disrepair that people stay in during six hours of heavy traffic. On a motion of Mr. Hornig, seconded by Ms. Corcoran-Ronchetti, the Board voted, 5-0, to close the public hearing at 10:05 p.m. Individual Board Member Comments: This is clearly a superior project to the 13 unit conventional subdivision. Want to take some time to see if there are any conditions to include to make more acceptable over the next two weeks. Minutes for the Meeting of June 21, 2017 Page 7 The Town has an excellent bylaw that has failed. At every turn the numbers are being manipulated and transformed. After being threatened by the applicant the Planning Board Members should deny this plan in hopes of getting a more balanced development. Have concerns that these special permit developments are floating zones. Because this is what the bylaws permit and while not the best plan for the site and could be better and do not feel it is not a threat. Understand the concerns about density, but at the same time it is concealed and looking at the project not sure the direct impacts would be a concern. Like affordable housing which is making the town more diverse in housing. Would like a few less units, but challenge anyone to tell how many units there are by looking and inclined to approve this project. Pleased the developer listened about trees and am leaning toward the affordability piece of this project. We should be willing to get behind those people who would not be able to afford this community otherwise. Staff will work on draft decision and the Board will vote at the next meeting. 17-19 Colony Road definitive Subdivision Plan Close Out: There are some improvements to be done which will be held against the Certificate of Occupancy. On a motion of Mr. Hornig, seconded by Ms. Corcoran Ronchetti, the Board voted, 4-0-1 (Mr. Creech abstained) to release the surety as the project is complete. Audience comments: A meeting attendee wanted to make clear that he took issue with comments made by residents attending the meeting as well as some Planning Board Members. *************************BOARD ADMINISTRATION**************************** Board Officer Nominations and Elections (reorganization): The Board held its annual election of officers. The floor was opened for nominations and Mr. Canale was nominated for chair. On a motion duly made and seconded, it was voted, 5-0, to appoint Mr. Canale as Chair. Ms. Johnson was nominated for Vice Chair and Mr. Creech was nominated as clerk. On a motion duly made and seconded, it was voted, 5-0, to appoint Ms. Johnson as Vice Chair and Mr. Creech as clerk Page 8 Minutes for the Meeting of June 21, 2017 Review and approve amendments to The Planning Board Procedural Rules: On a motion of Mr. Hornig, seconded by Ms. Corcoran-Ronchetti, the Board voted, 5-0, to approve the changes as submitted. Board Member Reports: Mr. Hornig and Mr. Creech attended a conference on fair housing. The MPO meeting discussed Title 6 compliance and looking at equity. There will a Planned Development and an article to address marijuana for the Fall Special Town Meeting. Staff will try to get the applicants to come in as much as possible to meet with the Planning Board. The Bike committee met with Engineering regarding a protected bike lane on Waltham Street associated with the Hayden property mitigation. On a motion duly made and seconded, the Board voted to adjourn the meeting at 10:45 p.m. The meeting was recorded by LexMedia. The following documents used at the meeting can be found on file with the Planning Department: Staff Summary and recommendation for 2 Rolling Lane, dated May 15, 2017 (1 page). Memo from John Farrington, dated May 12, 2017, regarding 2 Rolling Lane (2 pages). Street improvement Plan and Profile for 2 Rolling Lane, February 14 2017 (1 page). Form B regarding 2 Rolling Lane dated June 5, 2017 (7 pages). Planning Board Procedural Rules dated June 21, 2017 (5 pages). Memo from Be Finnegan dated June 14 regarding 167-177 Cedar Street street names (5 pages). Application cover letter for 167-177 Cedar Street dated June 14, 2017 with attachments (14 pages). Definitive subdivision plan set for 167-177 Cedar Street dated June 14, 2017 (12 pages). Staff memo regarding Liberty Ridge, dated June 20 (2 pages) Two memos from Michael Sprague from Engineering regarding Liberty Ridge dated June 16 & 20, 2017 (2 pages). Letter from Citizens for Lexington Conservation dated June 16, 2017 regarding Liberty Ridge (1 page). Supplemental submission from Ronald Lopez regarding Liberty Ridge dated June 14, 2017 (4 pages). Comparison of Liberty Ridge and Vera Lane revised June 14, 2017 (2 pages). Minutes for the Meeting of June 21, 2017 Page 9 Noise study from Noise Control Engineering LLC dated June 13, 2017, regarding 0 grove Street (11 pages). Liberty Ridge Definitive subdivision renderings dated June 14, 2017 (5 pages). Amenity area at Liberty Ridge (1 page). Definitive subdivision plan set for Liberty ridge revised June 14, 2017 (15 pages). Letter from Ronald Lopez regarding Liberty Ridge dated June 20, 2017 (2 pages). Vera Lane Conceptual Plot Plan Lot 6 dated June 19, 2017. Liberty ridge Drainage report dated June 12, 2017 (87 pages). Liberty Ridge updated sheet 5 and 12 for development plans dated June 19, 2017 (2 pages). Vera Lane Conceptual Plot Plan Lot 3 dated June 13, 2017 (1 page). Letter from Michael Rosen, Esq. dated June 6, 2017, regarding 0 Grove Street (15 pages). Ginna Johnson, Clerk