HomeMy WebLinkAbout2017-07-26-PB-packet-released
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
167-173-177 Cedar Street Conventional Subdivision
Potential Street Names
The subdivision, approved on June 21, 2017, includes two new roadways which have yet to be
named. The list of names offered by the applicant have been approved by staff from Police, Fire,
and DPW.
Powder House Circle
Farias Court
Abbey Road
Penny Lane
C175C
HAPTER OF THE ODE
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OF THE OWN OF EXINGTON
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LANNING OARD
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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
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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. ....................................................................1515
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
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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. ......................................................................................................4343
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 are known 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 public hearing 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 substitutionthereforeof
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 hasthe 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 American Vertical 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 plans must be supplied
(4)
both in written form as required elsewhere in these Regulations and in 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 fundsin 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 appealed by 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 extended for 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 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 reasonsfor 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 later revisions, with the
(6)(5)
revisions noted;
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 lotsand 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 shemust 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 eEndorsement is 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 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 shownon the plan:
Contains a 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)
Theexisting 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 sScopeof 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 subdivisionplan 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. Plans required. 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
\[4\] 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;
\[6\] 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 atone-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 sent to 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 the recording 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 theBoard.
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 BoardLegal 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 before the expiration of said period. Upon satisfactory performance of all
required work, the bond or other security may be released by avote 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 must be 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 cause shown, 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 beforerecordation 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 another Performance 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 Board to 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 mustbe 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 Board and recorded with the covenant at the expense
of the applicant. Certified copies of all documents that the applicant records at the
Registry of Deeds must be provided to the Board as in these 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 of the 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, awritten certification from the Board of Health that the
(6)
installation of sewage disposal facilities has been performed satisfactorily.
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 must be
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 a form 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 a lot 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 the land 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 theTown'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 unlessthe 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)
that land 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 Streetare
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 resourcesreferenced 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 their width, 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 ensureproper 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 isare to 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.
C. Capacity. Drainage systems must have adequate capacity to handle all storm water runoff
presently flowing through the subdivision, as well as to dispose of any additional runoff
generated by the proposed development. Peak flows and runoff volume at each boundary
of the subdivision must be no higher following development than before development for
all storms up to and including a 100-year 24-hour storm.
D. Aboveground Storm water retention areas; release rate.
The combination of storage and design release rate for an aboveground storm water
(1)
retention area may not result in storage duration of greater than 72 hours. The
maximum depth of storm water retention areas is four feet.
Each storm water retention area must be provided with a method of emergency
(2)
overflow for storms greater than the 100-year 24-hour storm.
E. Alteration of drainage pattern. Changes to existing patterns of drainage must not harm
properties outside the subdivision.
F. Design standards forthe structured system. All elements of the drainage system must be
designed to comply with the Town's Water, Sewer and Drain Regulations and the
Standard Specifications.
G.B. Drainage easements.
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 project boundaries, 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.
7.6.TREES AND LANDSCAPING
A. Objectives and applicability.
Objectives. The Board determines that:
(1)
Page 42 of 47
§ 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS, 7.7 7.7
(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) Proposedstreet trees must be of the applicable USDA Zone hardiness,
licensed nursery stock with good root development and branching
characteristics with a one-year warranty.
(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 on the plan. If the Boarddesignates 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
Page 43 of 47
§ 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS, 7.7 7.7
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 44 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)
Setting 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 Engineer may order the removal of them at the expense of the
applicant or owner. All inspections performed by the Town Engineeror 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)
Filling and 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:
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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.
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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.
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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.
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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:
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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.
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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
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catch basin,or substituting like and kind materials. Field changes are approved by the
Planning Director, in writing.
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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.
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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.
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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.
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5. Failure to pay. Failure to pay delinquent fees, interest, or costs of the collection after
application.
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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.
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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;
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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:
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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:
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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:
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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
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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:
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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
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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
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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.
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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.
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Chapter 176, Planning Board Zoning Regulations
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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
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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 \[see Section 5.3.5.\];
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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.
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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
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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 .
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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.
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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.
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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.
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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.
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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;
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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.
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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:
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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.
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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
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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
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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:
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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
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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.
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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
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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
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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
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
DEVELOPMENT INFORMATION
Applicant: North Shore Residential Development, Inc.
215 Salem Street
Woburn, MA 01801
Designer: Sullivan Engineering Group, LLC
PO Box 2004
Woburn, MA 01888
Current Owner(s): A Raymond Carchia Trust
Gerald Carchia, Trustee
227 Grove Street
Lexington, MA 02420
Location: Town Assessors89, Lot 3B
0 Grove Street
Area: 12.4 ± Acres
Zoning: RO District (30,000 square foot lots, 150 feet of frontage, single-family)
Special Permit Decision:
DATE FILED
Page 2 of 15
PROJECT SUMMARY
Under the provisions of 135-6.9, the applicant proposes the construction of a 29 unit Public
Benefit Development, including 3 affordable units. These units will be served by a private
internal drive, creating two intersections with Grove Street. The plan preserves approximately
5.42 acres of contiguous 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 active recreational
uses by residents of the development.
DOCUMENTS SUBMITTED
Submitted 12-14-16
Application & Fee Payment
Covenant
Cover Letter
Plan Set (Sheets 1-14)
Drainage Report
Drainage Plan
Fiscal Analysis Report (Fougere)
Grant of Easement
Traffic Study (MDM)
Revised Traffic Memo (MDM)
Water Pressure Report (Weston Sampson)
Supplemental Materials submitted 5-04-17
Comparison of 29 Unit Liberty Ridge (Public Benefit) to Vera Lane (Conventional)
Cover Letter to Planning Board
Revised Plan Set (Sheets 7-10)
Additional Renderings Common Areas and Houses
Pump Station Preliminary Design Report
Tree Removal Summary Plan (Liberty Ridge)
Tree Removal Summary Plan (Vera Lane)
Photometric Detail (Liberty Ridge)
Photometric Detail (Vera Lane)
Supplemental Materials submitted 6-06-17
Property Comparison Liberty Ridge & Abutting Properties
Comparison of Approved Lexington Balanced Housing Projects
Cover Letter to Planning Board
North Entrance Rendering
South Entrance Rendering
Pillar Entrance Rendering
Response to Resident Fiscal Analysis (Fougere)
Vera Lane Conventional Lot 4 & 5 Conceptual Plot Plan
Special Permit Decision:
DATE FILED
Page 3 of 15
Attorney Memo to Planning Board (RIW)
Tree Removal Comparison Summary (Vera Lane & Liberty Ridge)
Supplemental Materials submitted 6-14-17
Comparison of 29 Unit Liberty Ridge (Public Benefit) to Vera Lane (Conventional)
Cover Letter & Summary to Planning Board
Full Drainage Report (Sullivan Engineering)
Post Development Drainage Plan
Pre Development Drainage Plan
House Renderings
Vera Lane Conventional Lot 3 Conceptual Plot Plan
Noise Report Engineering Sound Report & Credentials
REVISED Plan Set (Sheets 1-15)
Supplemental Materials submitted 6-20-17
Photo Example of Liberty Ridge Amenity Area
Cover Letter & Summary to Planning Board
Declaration of Restrictive Covenants
Revised Full Drainage Report (Sullivan Engineering)
Vera Lane Conventional Lot 3 Conceptual Plot Plan
Vera Lane Conventional Lot 6 Conceptual Plot Plan
Grove St/Volunteer Way Crosswalk Memo (MDM)
Restrictive Covenant Plan
Post Development Drainage Plan
Pre Development Drainage Plan
Proposed Conditions for Special Permit by Applicant
Revised Plan Set - Sheet 5 of 15 Drainage Plan
Revised Plan Set - Sheet 12 of 15 Detail Sheet
435-439 Lincoln Street Conservation Restriction letter to Conservation (RIW)
Supplemental Materials submitted 6-30-17
Liberty Ridge Units GFA and Impervious Area Measurements
Liberty Ridge Development Data Summary
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
WITH CONDITIONS
development in accordance with the plans, terms, and conditions stated below.
Special Permit Decision:
DATE FILED
Page 4 of 15
FINDINGS & DETERMINATIONS
The plans and other submission materials were reviewed by the Planning Board and the
Engineering and Planning Offices. In reaching its decision, the Board took into account the
statements of the applicants and their representatives and public comments, 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 submitted to the Planning Board, including the
supplemental information provided to the Board during the public hearing process, 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.
and determined that a project that produced more, but smaller units, including townhomes
and duplexes (three of which would be affordable units) was important to create
additional housing opportunities within the Town, especially when weighed against other
alternatives for use of the same site. When compared to the approved 13-lot conventional
subdivision on the same site, this type of development also preserves a considerable
portion of the site, over 5 acres of undisturbed woodland, contiguous to the Town of
locked Forest parcel.
3.Traffic flow and safety, including parking and loading.
Under the provisions of §135-5.5.2, the proposed development does not trigger the traffic
study analysis, as it contains less than 50 units. However, 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 (approx. 5,700
vehicles per day on Grove Street). Contrasted to the conventional subdivision alternative,
this proposal adds approximately 100 vehicles over a 24 hour period, which is less than
2% of the daily total. Based on the projected trips generated by the proposed
development, which were reviewed by Town staff, 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 adversely
affect the area. 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
Special Permit Decision:
DATE FILED
Page 5 of 15
process. This issue was unrelated to the proposed development and already identified by
the Department of Public Works, which corrected this issue in the spring of 2017. The
noise of the proposed sewer pump backup generator tests was also discussed and
is addressed in the conditions below. The proposed rain water harvester, a 20,000-gallon
cistern intended to irrigate the site in addition to the proposed storm water infiltration
system also serves to distinguish this proposal from its conventional subdivision
counterpart, which offers no such amenity.
5.Neighborhood character and social structures.
the residents who attended the proceedings and submitted testimony to the Board. The
current development pattern of the area in the vicinity of the development site is
characterized by a range of housing sizes (1,500 to 10,281 GFA) on roughly 30,000
square foot (SF) lots. The proposed development would create a range of units (1,650 to
3,700 GFA) that would be similar to and in certain instances smaller than current homes
in the area. The fact that the proposed units would also be smaller than what is authorized
by the approved conventional subdivision plan is an important detail in favor of the
special permit.
Proposing a development with more units than allowed under conventional zoning rules
typically reveals the tension
broad policy goal of creating a more diverse housing stock. Most of the comments
received from the public throughout the process noted that this proposal may not
adequately resolve that tension. The Board, however, is comfortable that the ultimate
results of the review process mitigate this concern. The applicant has agreed to many
adjustments to the plans including reducing the number from 36 to 29, and made changes
to the siting of the units and the location and nature of the open space to address public
comments.
The Gross Floor Area limitations regulating the by right subdivision plan allows for a
total of 132,854 SF across the 13 lots, while § 6.9.6.3 of the Bylaw caps the potential
maximum GFA of a PBD based on 13 units at 112,320 SF (13 units multiplied by 8,640
SF). , applying the standards of the Zoning Bylaw,
incorporating amendments through Annual Town Meeting 2016, is 78,100 SF, 69% of
the permitted GFA. This plan also complies with the unit size limitations expressed in §
6.9.7.3, which requires 25% of the proposed units have less than 2,700 SF of GFA, while
a second 25% of the units must have less than 3,500 SF of GFA. The remaining units
may be of any size, provided the overall GFA of the development does not exceed the
maximum GFA cited above.
When applying the standards of the Zoning Bylaw incorporating amendments through
Annual Town Meeting 2017, the proposed development does satisfy the overall GFA
limitations of 6.9.6.3 (107,100 SF of GFA, 95% of the maximum), but fails to comply
with the unit size limitations expressed in 6.9.7.3., and is
conditioned to address this discrepancy (see special condition #1 below).
Special Permit Decision:
DATE FILED
Page 6 of 15
6.Impacts on the natural environment.
is another item of concern for
the residents and Board. Presently the site is entirely wooded and provides informal
locked Forest a 250-acre piece of open space
crisscrossed with trails that are popular with hikers, runners, and mountain bikers. The
Board considers the increased distance (approximately 400 feet) between the proposed
area of land disturbance and the wetland resources areas, most notably the certified vernal
pool, a significant positive feature of the Public Benefit Development proposal when
distance.
Further, under the approved conventional subdivision plan, the Town will only be able to
regulate tree removal to the more limited .
The applicant provided an estimated tree removal summary to the Board (dated June 6,
2017), depicting approximately over 1700 trees potentially being removed from the site
under the conventional proposal. Although this is an estimate and less may be removed,
under the Tree Bylaw this number represents the total number of trees that may be
removed by right. The proposed development however, guarantees the preservation of
approximately six acres of the site from disturbance and removes approximately 1100
trees from the developed area. In addition the PBD proposal replants over 330 trees
within the disturbed area versus only 95 in the conventional plan.
Another important difference between the conventional subdivision plan and the
proposed development is the regulation of the amount of
impervious surface. Under conventional zoning, there is no upper limit to the amount of
impervious surface that may be associated with a single family home. The public benefit
development proposal considered here limits the amount of impervious surfaces to
approximately 105,754 SF (about 20,000 SF below the maximums imposed by § 6.9).
7.Potential fiscal impact, including the impact on Town services, tax base, and
employment.
Public commenters raised the
system, which is at capacity and continues to have increased enrollment. These residents
are concerned that the additional number of units the public benefit development includes
(above the conventional alternative) will result in additional overcrowding.
The Board did not find that the fiscal analysis comparing the conventional versus the
special permit proposals provided by the applicant were materially different. Lastly it is
as those submitted by members of the public are subject to debate and as such, the Board
understands that there may be some expenses associated with the additional units but the
quantifiable 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
Special Permit Decision:
DATE FILED
Page 7 of 15
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 (57.8% of the site), as
compared to the ±141,115 SF of open space (26% of the site) associated with the
approved conventional plan. Some of this open space area includes wetland resource
requirement. Nonetheless, the proposed development exceeds
space requirement of 180,338 SF. The proposed plan will preserve a much greater
percentage of open space, most of which is adjacent to other open space areas. The
proposed development will maintain areas of contiguous open space that is readily
accessible to the public.
2.Building Disposition
The proposed dwellings have been positioned 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 locating the dwellings within the site, amidst trees, the proposed development is
designed to screen the project from adjacent properties and minimize any negative visual
impacts that might affect abutters.
4.Connectivity
The applicant 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
located in the maintained wooded areas on the Grove Street property which will provide
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. The creation of diverse housing
types and size was Housing Production Plan. Of
-
principal purposes of §135-6.9.
6.Common Facilities
Association, which assigns responsibility for the operation and maintenance of the open
Special Permit Decision:
DATE FILED
Page 8 of 15
space, the private internal drive, and its related infrastructure, notably the drainage
system and snow and ice clearing. The decision is conditioned to ensure this.
7.Multimodal 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. The applicant
will also be constructing a cedar-wood bus shelter and bench for residents who wish to
.
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
Board has conditioned the decision to prohibit the use of chemical pesticides and
fertilizers within the site.
9.Public benefit development criteria
As discussed above, the development proposal is below the permitted GFA maximum,
even when calculated under the amended rules, such that the additional square footage
permitted in PBDs above that which is permitted in BHDs, leads the Board to find that
the benefit of the three affordable units warrants the additional square footage. Per §135-
6.9.19.9.b The Board has conditioned its decision to ensure compliance with the
affordable housing requirements expressed in the Bylaw.
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
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.
Special Permit Decision:
DATE FILED
Page 9 of 15
3.The entire tract of land and buildings to be constructed may 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 deeds must 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 internal driveits
legal restrictions and requirements imposed on each homeowner, at its expense, is
responsible for the maintenance and the associated infrastructure in the internal drive.
The developer or its successor will also be responsible for all utilities located on site
including, but not limited to, the maintenance of the sewer pumping station, backup
generators for the same, and an acoustical/aesthetic fence surrounding the same in
accordance with all Lexington Bylaws.
7.The terms and conditions of this decision must be enforced by the residential
homeowners to the extent necessary to comply with this decision, including, if necessary
any proceeding at law or in equity (at no cost to the Town) 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, must contain
a provision with the foregoing language therein.
8.No site preparation work or construction may begin until the Planning Office has
confirmed in writing that the following condition has been satisfied:
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 not be modified without the authorization of Planning
staff and where applicable Conservation staff. Construction activity outside the
LOW is strictly prohibited, except to allow for minor landscaping activities when
approved by the Planning Office in advance. All protective fencing and LOW
lines must 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. This protection must be
located according to one of the following methods:
Special Permit Decision:
DATE FILED
Page 10 of 15
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,
may begin 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 must be
implemented until the site is fully stabilized.
11.Hours of construction. In accordance with Chapter 80 of the Code of Lexington, Noise
Control, motorized devices and equipment engaged in construction is prohibited between
the hours of 8:00 p.m. and 7:00 a.m., Monday through Saturday. Construction activity is
prohibited on Sundays and federal and state holidays.
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 must 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.The size of Units. The table below reflects the maximum square footages, impervious
surface areas, and building heights for each unit.
The issue of which GFA definitions apply to the project was brought up during the
review process as the conceptual plans were under active review by the Board in June of
2016, at the same time the changes to the definitions were being developed. The
Preliminary Subdivision plan for the site was filed on August 2, 2016, and followed up
by a definitive plan on November 15, 2016, which was approved February 15, 2017.
Under MGL 40A, s 6, this approval granted the site an eight year definitive plan
exemption from future zoning amendments.
However, the Board finds that compliance with the 2017 amendment is reasonable given
awareness
made over the last several years to clarify and refine the measurements of these standards
with the goal of increasing , of which PBDs
represent one of the only methods towards implementing this policy.
In order to comply with the 2017 amended Bylaw the GFAs of the following units must
be modified:
The GFA of units 3 and 4 must be reduced to comply with the 2,700 SF limit.
Special Permit Decision:
DATE FILED
Page 11 of 15
The GFA of units 5 and 6 must be reduced to comply with the 2,700 SF limit.
The GFA of units 28 and 29 must be reduced to comply with the 3,500 SF limit.
Before the Board endorses the plans, sheets 4 and 5 of the plan must be amended to
reflect the details expressed here:
Gross Floor Area Impervious
Unit Regulated Building
Surface
Number Unit Type Height
2016 Bylaw 2017 Bylaw Area
1 < 3,500 SF 2,620 SF 3,460 SF 1,260 SF 39 FT
2 < 3,500 SF 2,620 SF 3,460 SF 1,260 SF 39 FT
3 < 2,700 SF 2,400 SF < 2,700 SF 1,530 SF 34 FT
4 < 2,700 SF 2,400 SF < 2,700 SF 1,530 SF 34 FT
5 < 2,700 SF 2,400 SF < 2,700 SF 1,530 SF 34 FT
6 < 2,700 SF 2,400 SF < 2,700 SF 1,530 SF 34 FT
7 Unregulated 2,860 SF 3,810 SF 1,470 SF 35 FT
8 Unregulated 2,860 SF 3,810 SF 1,470 SF 35 FT
9 Unregulated 2,860 SF 3,810 SF 1,500 SF 35 FT
10 Unregulated 2,860 SF 3,810 SF 1,500 SF 35 FT
11 Unregulated 2,860 SF 3,810 SF 1,450 SF 33 FT
12 Unregulated 2,860 SF 3,810 SF 1,450 SF 33 FT
13 Unregulated 3,700 SF 4,980 SF 1,760 SF 39 FT
14* < 2,700 SF 1,650 SF 2,250 SF 930 SF 38 FT
15 < 2,700 SF 1,650 SF 2,250 SF 930 SF 38 FT
16* < 3,500 SF 2,620 SF 3,460 SF 1,250 SF 33 FT
17 < 3,500 SF 2,620 SF 3,460 SF 1,250 SF 33 FT
18 Unregulated 3,700 SF 4,980 SF 1,730 SF 30 FT
19 Unregulated 3,700 SF 4,980 SF 1,780 SF 37 FT
20 Unregulated 3,700 SF 4,980 SF 1,810 SF 36 FT
Special Permit Decision:
DATE FILED
Page 12 of 15
Gross Floor Area Impervious
Unit Regulated Building
Surface
Number Unit Type Height
2016 Bylaw 2017 Bylaw Area
21 Unregulated 3,700 SF 4,980 SF 1,760 SF 33 FT
22 < 3,500 SF 2,620 SF 3,460 SF 1,260 SF 27 FT
23 < 3,500 SF 2,620 SF 3,460 SF 1,260 SF 27 FT
24 Unregulated 2,860 SF 3,810 SF 1,300 SF 18 FT
25 Unregulated 2,860 SF 3,810 SF 1,300 SF 18 FT
26* < 2,700 SF 1,650 SF 2,250 SF 750 SF 25 FT
27 < 2,700 SF 1,650 SF 2,250 SF 750 SF 25 FT
28 < 2,700 SF 2,400 SF < 3,500 SF 1,530 SF 31 FT
29 < 2,700 SF 2,400 SF < 3,500 SF 1,530 SF 31 FT
TOTALS 78,100 SF < 102,940 40,360 SF
SF
2.Plant Materials. Due to the sensitivity of the adjacent resource areas and conservation
lands, all plant material specified for installation on both the drive and individual parcels
must be plants native to the Middlesex County per The Vascular Plants of
Massachusetts: A County Checklist. This condition must be included in the
condominium documents.
3.Construction Mitigation.
a.Developer must submit to Town Planning and Engineering staff, for review and
approval, a phased construction plan.
b.Off-site parking of construction vehicles and associated equipment during
construction is prohibited.
4.Public Access & Trails.
th
a.This permit requires that before the 15 market rate unit may be conveyed either:
i.The applicant constructs the proposed path network, or
ii.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.
b.The Applicant must work with the 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
Special Permit Decision:
DATE FILED
Page 13 of 15
period of construction of the proposed development, including construction of a
public sidewalk from the proposed dev 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, property ownership issues or otherwise, as confirmed by the Planning
Office, the Applicant must make a payment to the Town through the Land Use,
Health, and Development 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 may be used by the Town exclusively for
Trail construction within Lexington.
c.Trail Access: The condominium documents must specifically permit public
pedestrian access from the northerly entrance of the development, directly down
the internal drive and sidewalk to the Trail path located between Units 4 & 5.
Public Access does not include vehicular access on the property nor access across
other areas of the lot, and all public access is subject to the same conditions that
regulate residents of the development 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
.
c.The Gross Floor Area (GFA), as demonstrated by an as-built plan, meets or is less
than the applicable GFA limit as detailed in special condition 1 above.
d.The DPW has received the appropriate sewer and water tie-in information on the
unit for which a CO is sought
7.The Applicant must arranged for and complete 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
Special Permit Decision:
DATE FILED
Page 14 of 15
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.The Applicant must execute and record 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 the proposed development.
9.ondominium bylaws must include the following restrictions or
conditions, which may not be modified without the express consent of the Lexington
Planning Office (in addition to any other conditions required to be included in the
Condominium Documents pursuant to this Special Permit):
a.Exterior lighting within the development is subject the provisions of §135-5.4,
Outdoor Lighting, but for units 5 through 15 conditioned to apply to the limit of
work line detailed on the Site Construction Plan. In all other cases, it is to the
property line.
b.The condominium association will be responsible for maintaining the Cedar-wood
Lexpress Bus Shelter and Benches to be built by the Applicant on Grove Street
per Plans.
c.The condominium association will refrain from posting No Trespassing signs
without obtaining written approval from the Planning Office.
d.The use of chemical fertilizers, pesticides, herbicides, and sodium based products
is prohibited in order to reduce any potential negative impacts to the nearby and
adjacent resource areas when materials from the development may be transported
by storm water or by leaching through the soil.
e.Sanitary Sewer Pumping Station Backup Generator: The backup generator for the
Sewer Pumping Station must:
i.Comply with the Lexington Noise Bylaw:
ii.Be enclosed in a sound resistant fenced enclosure; and
iii.The condominium bylaws must 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.
iv.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 opportunity to provide their preferences to the Association as to the
-minute generator test.
Special Permit Decision:
DATE FILED
Page 15 of 15
RECORD OF VOTE
The members of the Planning Board, on Month X, 2017, voted X to X, to grant the special
permit, 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