HomeMy WebLinkAbout2017-08-30-PB-packet-released
AdoptedasDistribution Draft, April 4, 2017
Diane Pursley, Turning Mill Resident, Chair
Richard Canale, Lexington Planning Board Designee
Sally Cassells, Turning Mill Resident
Robert Creech, Turning Mill Resident
Sally Zimmerman, Lexington Historical Commission Designee
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Since the original construction of the Turning Mill neighborhood beginning in the late 1950s
through the late 1960s, residents have enjoyed the woodland setting, the creative and thoughtful
architecture as well as a strong community bond. These characteristics endured largely untouched for
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nearly 50 years. Eventually, by the early 21 century, the economic prosperity and accelerating pace of
reconstruction in town began to cause neighbors concern about what could be done to preserve the
unique neighborhood character for the longer term.
After a series of neighborhood meetings beginning in December 2015, a petition from neighbors in
the Turning Mill neighborhood was submitted to the Lexington Historical Commission. The petition
requested that a Study Committee be appointed for the purpose of determining the appropriateness of a
Turning Mill Neighborhood Conservation District (NCD) as allowed by Chapter 78: Neighborhood
Conservation Districts (the NCD enabling bylaw).
The NCD enabling bylaw requires that the Study Committee, via an NCD Study Committee Report,
describes the significance of the “architectural, aesthetic, cultural, political, economic, social and/or
historical qualities” of the NCD Area or provide a “description of the cohesiveness of the NCD Area in
terms of scale, size, type of construction, materials, style or age”. The findings of the study report are
that the Turning Mill neighborhood fully meets both the criteria of significance and cohesiveness,
resulting in a strong qualification for the designation of a Neighborhood Conservation District.
For much of the town’s history, the land on which Turning Mill neighborhood is developed was part
of a sparsely-settled area of agriculture, pasture and woodland. There was a turning (woodworking) mill
on Grove Street operated by the Simmonds Family. Due to its natural earth pigments, the area land was
used as a paint mine, which is now protected as part of the Paint Mine Conservation Area. In addition,
the Paint Mine Conservation Area protects the remnants of an early cart-path along and structures
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related to agriculture which include stone walls and Hennessey barn, an early 20 century stable.
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The Turning Mill Neighborhood was developed between 1955 and 1967 and originally planned to
contain only Techbuilt homes, which were designed by architect and MIT Faculty Member Carl Koch.
In the end, the neighborhood was developed with three distinct architectural styles. All three styles are
considered architecturally significant and stylistically Mid-Century Modern.
Techbuilt homes
were conceived as low-cost, semi-factory built modern-style homes, which used
modular construction. Although popular as a design, the business model faltered beginning around 1957
so that only two of the planned six phases of development were completed. The Turning Mill Techbuilt
development is the only one in Lexington and is an important example of Carl Koch’s vision to quickly
and efficiently construct well-designed and affordable housing in the post-war suburban boom.
Architectural Planning Associates of Boston
designed homes in a second sector of the
development. Their house designs took three main forms: Turning Mill Raised Ranch, Turning Mill
Split-level and Chalet. These houses are distinct for their elongated raised ranch form with overhanging
eaves and cantilevered canopies and the split-level distinctive asymmetrical gable front. The Chalets
have symmetrical gable fronts with a second story balcony. The Architectural Planning Associates
designs are significant because of the unified expression of mid-century modern design that defers to
Koch’s architectural intent.
The third design response aimed at providing quality suburban design at a reasonable price was the
Peacock Farm House
Walter Pierce’s award winning, split-level design known as the . The Peacock
Farm style house is the dominant style built in the section of the neighborhood called “Upper Turning
Mill”. The model house is roughly 1,800 SF on three levels with an open plan divided functionally.
Distinctive architectural features include large horizontal bands of windows, a low-pitch roof with one
slope longer than the other, broadly overhanging eaves displaying exposed beams and stained vertical
cedar siding. The Peacock Farm house was replicated in five subdivisions in Lexington following the
success of the first Peacock Farm neighborhood in East Lexington. The Peacock Farm neighborhoods
have been recognized as eligible for National Register listing.
Perhaps the most architecturally significant aspect of the Turning Mill neighborhood is the
uniqueness of three mid-century modern, architect-designed developments built at the same time,
adjacent to one another. With respect to the style and significant size, it is the only specimen in New
England.
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When it was constructed, the Turning Mill development was popular with young professional
buyers, many of whom moved to Lexington from other communities in Massachusetts as a result of the
growing technology industry. From the beginning, the residents of the neighborhood bonded as a
community to protect the open space at the Paint Mine Conservation Area and, later, the land that
ultimately became the Landlocked Forest. The creation of the Paint Rock Community Pool in 1960 was
also a result of community action and cooperation, when neighbors contributed funds to build a
swimming pool on land donated by the subdivision’s developer.
Of the 153 houses in the NCD Area, only seven are not consistent with the surrounding
contemporary/modernist houses, meaning only 5% of the houses diverge from the dominant design
aesthetic. All the consistent houses share the modernist/contemporary design as well as consistent
materials (wood frame construction with paneled and masonry accents), scale (one-, one and a half and
two-story height) and size (2,000 +/- square feet) on lots averaging 37,000 square feet. By age, almost
all were built in a 10-year span between 1954 and 1964 and most of those that post-date 1964 have the
same aesthetic as the homes built earlier.
In terms of land use patterns and landscaping, Turning Mill houses consistently follow a naturalistic
approach that embraces the area’s topography with rock ledges and outcrops retained and houses sited to
conform to the contours.
In this report there is a proposed bylaw, which would guide the Turning Mill NCD Commission in
administering the NCD if the designation is approved.
The two main characteristics residents of the neighborhood have collectively identified that the NCD
should preserve are:
the compatible scale, materials and design of the homes in the NCD Area in the cases of
demolition, construction and alteration and
the retention of the natural woodland setting of the neighborhood with respect to privacy of
abutters, wildlife and the general informal and natural setting.
The details of the proposed Turning Mill NCD bylaw are in sections V & VI (pp. 22-38) of this
report.
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The findings of the Study Report are that the Turning Mill neighborhood fully meets both the criteria
of significance and cohesiveness, resulting in a strong qualification for the designation of an NCD. The
Report recommends that the Turning Mill Neighborhood should be designated as an NCD.
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The Turning Mill neighborhood is located at the northwestern corner of the Town of Lexington and
comprises some 155 single family dwellings primarily constructed in the first two decades following
World War II. Bounded on the south by Route 95/128 (“Yankee Division Highway”), on the east by the
Burlington town line and 250 acres of open space/conservation land in the Town of Burlington along
Massachusetts Route 3, and on the west by residential construction along Robinson Road and Grove
Street, the Turning Mill neighborhood covers approximately 125 acres. Turning Mill Road runs through
the neighborhood, with smaller streets extending off that main axis. AtMountain Road, off Turning Mill
Road, a corridor of open space bisects the neighborhood into a northern and southern portion. The
corridor, which contains utility transmission lines and 78 acres of protected conservation land (Simond’s
Brook Conservation Area), along with the 48-acre Paint Mine Conservation Area (which includes the
Hennessey Field and Barn), is zoned GC (government/conservation). Simond’s Brook and Paint Mine
Conservation Areas adjoin at Grove Street, creating a significant amenity for the surrounding residential
neighborhood, which is zoned RO (single family residential).
The Turning Mill neighborhood reflects two strands of Lexington’s mid-century modern residential
history. The area now known simply as “Turning Mill” began in 1955 asa single large six-section
subdivision, Middle Ridge, to be developed with Carl Koch’s prefabricated/modular Techbuilt houses.
Only the first two sections, lying south of the utility/conservation corridor, were completed as planned.
While remaining sections of the original Middle Ridge in the southern portion eventually filled in,
Techbuilt’s financial difficulties caused the northern sections to be sold in 1957. These were then
developed as Upper Turning Mill by Edward Green and Harmon White of Benjamin Franklin Homes
using Lexington architect Walter Pierce’s award-winning “Peacock Farm”-style design. Thus, the
neighborhood uniquely combines two major forms of mid-century modern housing design, along with
several contemporary variants (see Property Data, Appendix D).
The Middle Ridge area, to the south, is the only subdivision in town developed with Techbuilt-style
houses while the Upper Turning Mill (northern) portion reflects designs that appeared as well in four
other planned subdivisions in town. Interspersed with these two predominant designs are other examples
of prefabricated and standardized housing, as well as individually-designed houses by other Boston-area
modernist designers and firms. As used in this report, unless the context otherwise requires, "Turning
Mill" includes both the Middle Ridge and Upper Turning Mill sections of the neighborhood.
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The distinctiveness of the area’s modernist character is apparent as soon as one turns off Grove
Street onto either end of the jug-handle formed by Turning Mill Road, the “spine” that links both
sections. The shared aesthetic of modern architecture in a woodland setting gives the area a self-
contained sense of destination which is reinforced by the highways that bound it on two sides.
The neighborhood is one of nine planned residential subdivisions in Lexington that reflect the
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distinctive tenets of mid-20-century modernism. Lexington’s modernist subdivisions have been
recognized as eligible for listing on the National Register of Historic Places as part of the “Mid Century
Houses of Lexington, Massachusetts” Multiple Property Submission (accepted 11/21/2012). Two of the
town’s nine “mid-century modern” neighborhoods, Peacock Farm and Six Moon Hill, are listed as
historic districts on the National Register (Peacock Farm, listed 11/21/2012; Six Moon Hill, listed
1/19/2016).
Although Turning Mill is not (yet) listed on the National Register (NR), the “umbrella” Multiple
Property Submission listing establishes salient characteristics for this resource type that are well-
represented in the Turning Mill neighborhood (see Mid-Century Modern Design Sources, Appendix F).
Among the characteristics required for NR listing that are present at Turning Mill are standard-design,
prefabricated design, and individually designed houses in the Mid-Century Modern style, along with
planned provisions for shared amenities (Paint Rock Community Pool), and the retention of a rocky,
uneven topography that provides a naturalistic setting for the houses to be fitted into the terrain. The
terrain augments a sense of variety and privacy that is softened by native and introduced trees, shrubs,
and understory plantings to create a varied woodland setting. The integrity of this collection and its
setting indicates that should NR listing be sought, it is unquestionable that the neighborhood would meet
NR eligibility criteria as a historic district.
While NR listing would confer limited protections through state and federal statutes for possible
adverse impacts from state or federally licensed, funded, or permitted activities (such as, for example,
changes to the I-95/128 and Route 3 corridors), there are no protections for the Turning Mill
neighborhood to stem the effects of demolition or incompatible new construction. To address the
potential loss of the neighborhood’s distinctive characteristics, in 2016 a group of residents petitioned
for study of the neighborhood as a possible Neighborhood Conservation District under the Town of
Lexington’s newly-adopted Neighborhood Conservation District Bylaw, Chapter 78 (see Neighborhood
Property Owner Petition, Appendix C).
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The Turning Mill residents first came together in the winter of 2016 to discuss the possibility of
establishing a Neighborhood Conservation District (NCD). Concerned by the demolition and
replacement of 56 Turning Mill Road and the impending demolition of a foreclosed property at 33
Partridge Road, as well as by the town’s lucrative real estate market and the lack of meaningful
preservation protection, many felt that the unique architectural and natural features of the neighborhood
were at risk.
Following preliminary, informal neighborhood discussions (see Chronology of Pre-petition
Neighborhood Meetings, Appendix A, and Pre-petition Meeting Flyers, Appendix B), a petition was
circulated to request that an NCD study be initiated. That petition was filed and on July 16, 2016, the
Lexington Historical Commission voted to accept the petition and initiate a study. The Turning Mill
NCD Study Committee was appointed by Town Manager Carl Valente in November, 2016 and on
November 15, 2016, the Study Committee convened the first of a series of public meetings and hearings
to conduct a study to determine whether an NCD for the Turning Mill neighborhood would be
appropriate.
This report is a statement of the findings of the Study Committee. It recommends the acceptance of
Turning Mill as a Neighborhood Conservation District based on its integrity as a neighborhood. Its
distinctive character is evident in the history of its development, in its natural and architectural features,
and in the sense of identity and cohesiveness that has motivated its residents to pursue designation as
Lexington’s first NCD.
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Starting in 1956, the Turning Mill neighborhood developed in two major subdivisions (Middle
Ridge, 1956-1961, and Upper Turning Mill, 1957-1967) and wasalmost fully built out with Mid-
Century Modern style houses by 1970. Of the 153 houses in the neighborhood, 146 are modernist
designs. Only nine houses post-date 1970, and only seven were constructed in the traditional “colonial”
designs that dominated the rest of Lexington’s post-War construction.
While many houses have been enlarged, or modified since their original construction, from 1970 to
2000 the style and scale of additions, alterations, and the limited infill construction that occurred
conformed to the dominant character of the existing properties. There was very little demolition. One of
the few houses lost was 24 Demar Road, a Devon 361 Techbuilt model replaced with an architect-
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designed“shedModern”house in 1997. Topography was retained and there was no clear-cutting of
sites or radical changes in grade. Turnover among residents was gradual, as many original residents
raised their families and stayed on through their retirement years.
In 2000, that stability shifted when a developer demolished the 1962 house at 28 Partridge Road
(one of the model Turning Mill split level houses, and unaltered from its original construction) and built
a Norman/neo-Colonial style house approximately three times the square footage of the neighboring
houses. The loss of this home prompted the Lexington Historical Commission to expand its survey of
the neighborhood, first surveyed in 1984 as part of the Lexington Comprehensive Cultural Resources
Survey (Survey), with an amended inventory form for Middle Ridge and a new inventory form for
Upper Turning Mill. Inclusion of the neighborhood on the Survey gave properties included in the area
forms the protection of the demolition delay moratorium under the town’s Demolition Delay Bylaw,
Chapter 19.
While the 2008 market crash slowed the threat of demolitions, it exposed several area houses to
disinvestment and foreclosure. One, a 1959 Peacock Farm style house at 56 Turning Mill Road, went
through demolition review, with a delay imposed by the Historical Commission. The owner demolished
the house in 2015 when the delay expired. The replacement structure attempts to follow the Mid-
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A Field Guide to American Houses
(p. 484, Virginia and Lee McAlester, 1984) defines the “shed Modern” house as “an
outgrowth of the designs . . . of several creative architects, among them Charles Moore and Robert Venturi.” The McAlester
guide states “they appear to be assembled from two or more gabled and shed-roofed forms joined together,” hence the name
“shed Modern.”
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Century Modern design precedents of the neighborhood, but exhibits many inconsistencies with those
precedents. It is taller than is typical, with an integrated two-car garage projecting off the façade
elevation, rather than in a subsidiary position to the main house. It lacks the distinctive exposed beams at
the eave, the design orientation and massing is vertical rather than emphasizing the horizontal elements,
the gable roof is symmetrically pitched, and its tripartite windows are stacked rather than banded.
By 2014, the real estate market was reviving. Because of the modest size of the Turning Mill homes
(most average 2000 square feet), their larger than typically-sized lots (averaging 35,700 square feet), the
sale of houses as original owners passed on, and the lack of any permanent preservation protection, the
distinctive character of the Turning Mill neighborhood was at risk again. Despite a desire to see existing
homes retained and preserved, the NCD proponents acknowledge that some houses willhave
experienced severe deferred maintenance or face exceptional environmental hardships that may make
repair infeasible and unrealistic. One house, at 33 Partridge Road, was approved for demolition
following Historical Commission review having become irreparable during an extended foreclosure, and
once the new owner, working informally with neighbors, developed a compatible replacement.
Most recently, Turning Mill neighborhood concerns converged with town-wide efforts to assess the
impacts of tear-downs and mansionization on the character of Lexington as a whole. In July 2015, the
Lexington Planning Board formed a Residential Policy Committee (RPC) to explore possible tools the
community could use to better manage the rapid re-development taking place. Among other initiatives,
the Committee studied the potential of establishing a Neighborhood Conservation District enabling
bylaw. Neighbors from Turning Mill Neighborhood participated in the RPC and gave input to the
framing of an NCD enabling bylaw in various community forums. The RPC brought the NCD enabling
bylaw to 2016 Annual Town Meeting, which adopted the bylaw on March 23, 2016.
After initial informal conversations at neighborhood social events beginning in 2015, a small group
of residents organized a series of coffees at various homes to delve more deeply into the interest of the
neighborhood for an NCD. After getting positive feedback that the majority wanted to conserve the
neighborhood character, discussion began to focus on identifying priority characteristics to preserve and
using the NCD mechanism to preserve them. Discussions culminated in a larger and slightly more
formal group discussion in May 2016, where the group participated in a post-it note exercise to define
the priority characteristics (see Figure 1: Summary of Priority Characteristics). The post-it note exercise
showed that the naturalistic, woodland setting of the neighborhood, the consistent Mid-Century Modern
architectural character of the houses, and the relatively modest size and scale of existing houses set on
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larger lots (characterized as “responsible” homes), and the privacy of the siting of those homes, were a
shared priority of residents.
By June 2016, the Turning Mill neighbors had drafted an NCD study petition, obtained ten
signatures, and submitted it for Historical Commission consideration. Ata July 20, 2016, public hearing,
the Commission voted to accept the petition and request the Town Manager to form a Study Committee
to determine the appropriateness of designating the Turning Mill neighborhood asan NCD.
Figure 1: Summary of Priority Characteristics
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Figure 2: 1889 Geo. H. Walker atlas of Lexington and Bedford (Edwin B. Worthen collection, Cary
Memorial Library)
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The enabling by-law, Chapter 78-3, D., requires an NCD Study Committee to include in its Report a
statement of the significant architectural, aesthetic, cultural, political, economic, social and/or historical
qualities of the NCD Area, or to provide a description of the cohesiveness of the NCD Area in terms of
scale, size, type of construction, materials, style, or age.
As directed by Chapter 78, the Turning Mill NCD Study Committee finds the NCD Area significant
for its architectural, cultural, social, and historical qualities as stated below.
For much of the town’s history, the land on which the Turning Mill neighborhood developed was
part of a sparsely-settled area of agricultural, pasture, and woodland in the north of town. Grove Street
was the only road through the northwestern corner of the town and connected with similarly open land
to the west in Bedford and north in Burlington. The 1889 Geo. H. Walker atlas (see Figure 2) of
Lexington shows just four structures along Grove Street. The land in this area was part of a larger 200-
acre parcel that Roger Shaw sold to William Simonds and Michael Brown in 1655 for 10 pounds.
The Simonds family retained the land for seven generations until the mid-1940s. The extent of the
Simonds’ family’s interests in this area is demonstrated as well in the several Simonds family properties
shown on the 1889 map standing north and east of Grove Street in the Town of Burlington. Today, only
two buildings associated with the Simonds family survive: the 1732 Joseph Simonds House at 9
Burlington Street (heavily altered) and the 1795/1810 Simonds Tavern at 329 Bedford Street, however,
the neighborhood’s many surviving agricultural-era stone walls stand as relics of its early history.
Remnants of an early cartpath, parts of which were improved as present-day Robinson and Grimes
roads, have been preserved in the Paint Mine Conservation Area along with structures related to
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agriculture including stone walls and the Hennessey barn, an early 20century stable. (This cartpath
also crosses 45 Turning Mill Road and winds into the linear open space buffer that runs along the town
boundary.)
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The Simonds family gave the area its name, Turning Mill, as in the 19 century, Ebenezer Simonds
(1795-1867) owned and ran a turning (woodworking) mill on Grove Street (near present day Tidd
Circle) powered by a dam on a tributary of Kiln Brook. (Before construction of Route 128, Turning Mill
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Road ran to Grove Street terminating near Tidd Circle.) Demar Road likewise is named for John T.
Demar (1834-1896), a farmer and Simonds Farm foreman married to Fidelia Simonds and one-time
owner of the 1823 JamesLocke House at 37 Grove Street. After the death of the last of the Simonds
family, Franklin P. Simonds (1856-1921), the 237-acre Simonds Farm was offered for sale for $75,000.
\[http://www.carylibrary.org/worthen/exhibit4/e41614a.htm\]Sale of the Simonds property, on which
Franklin had kept and bred dairy cattle, appears to have taken place over many years, and portions were
still being sold for development in the late 1940s.
In addition to grazing and woodworking, another early use of the land in the Turning Mill
neighborhood was the Bowen Harrington paint mine, whose “discovery” Lexington historian Charles
Hudson in 1868 reported “bids fair to prove a valuable article” (History of the Town of Lexington, p.
465). The natural earth pigment, a yellow ochre, was found in Simond’s Woods, and while it did not
realize its early promise, the location is now protected as the Paint Mine Conservation Area.
The Turning Mill neighborhood contains open space areas and natural features, as well as surviving
historic landscape structures that are significant and contribute to an understanding of Lexington’s
history of agriculture and the role prominent families like the Simonds family played in shaping this part
of the town.
(text excerpted from Area Form I Lexington Comprehensive Cultural Resources Survey)
As previously noted, the Turning Mill area was originally planned as one single large subdivision
called “Middle Ridge.” Middle Ridge was originally conceived and designed in 1955 by architect and
Massachusetts Institute of Technology faculty member Carl Koch (1912-1998) in partnership with W.
Rupert McLaurin, an MIT economics professor, as a neighborhood of affordable, well-designed homes
featuring Koch’s semi-prefabricated “Techbuilt” homes.
Koch was a passionate believer in pre-fabrication and the potential of innovative building
technologies and materials to provide quickly constructed, inexpensive, flexible living spaces. First
introduced in 1953, his Techbuilt house was a low-cost, semi-factory built modern style house which
used modular construction. The Techbuilt house was based on a consistent four-foot-wide module for all
major building components such as walls, floors, and roof panels. The pieces were delivered by truck
and could be erected in a few days. Techbuilt homes, which included both one and two story models,
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were characterized by simplicity of shape; pitched roofs and overhanging eaves and the extensive use of
glass, especially on the wide, glazed gable ends. The exteriors of the houses were typically clad in
vertical cedar siding with panels between the stories. Techbuilt houses incorporated various structural
innovations including the use of modular prefabricated stressed-skin panels rather than conventional
framing and the use of steel posts and wooden beams for support rather than load bearing walls. In
keeping with Techbuilt philosophy, the houses were typically set into a natural and wooded landscape.
In some cases, the owners also purchased carports or garages.
Popular and successful as a design, the business model for Techbuilt faltered beginning around 1957.
At Middle Ridge, ultimately, the Techbuilt Corporation was only involved in the construction of the first
two phases of what was planned as asix-phase development. These homes, in sections 1 and 2, located
on Demar Road and atthe southern end of Turning Mill Road, comprise38 of the 95 contemporary style
houses in the southern half of the neighborhood. The remaining homes in that section adopted a similar
modernist design vocabulary but were designed by another firm, Architectural Planning Associates
(Sanford R. Greenfield and Paul J. Carroll) for Eugene C. Roberts of Wayland, Mass., d/b/a Holiday
Homes and Tricorn Homes, between 1963 and 1967.
These houses take three main forms: the Turning Mill Raised Ranch, the Turning Mill Split-Level,
and a chalet form. The elongated raised ranch form features overhanging eaves and cantilevered
canopies at the entrance, while the split levels, all oriented to the street, have a distinctive asymmetrical
gable front. The chalets, of which only three exist, have symmetrical gable fronts with a second story
balcony. While little is known of Greenfield and Carroll’s firm, Sanford Greenfield had a long academic
career as director the Boston Architectural Center’s architecture school and dean of the New Jersey
Institute of Technology’s architecture school. The Holiday Homes/Tricorn Homes includehouses on
Demar Road, Turning Mill Road, Partridge Road and Jeffrey Terrace.
As the only Techbuilt subdivision in Lexington, and despite its failure in purely economic terms,
Middle Ridge is architecturally and culturally significant as an important example of Carl Koch’s vision
to quickly and efficiently construct well-designed and affordable housing in the post-War suburban
boom. The consistent design vocabulary in which the remainder of Middle Ridge was built out by
Holiday Homes/Tricorn Homes and Architectural Planning Associates provides for a unified expression
of mid-century modern design that in large measure defers to Koch’s architectural intent and thus
contributes to the significance of Middle Ridge.
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(text excerpted from Area Form AN, Lexington Comprehensive Cultural Resources Survey)
The Upper Turning Mill Road area represents another, and arguably more successful, design
response to providing good quality suburban design at a reasonable price in the post-World War II era.
Upper Turning Mill includes 47 contemporary-style houses constructed between 1957 and 1961 on
Dewey Road, Gould Road, Grimes Road and Turning Mill Road north of the utility/conservation
corridor. The slightly later Upper Turning Mill houses were built using architect Walter Pierce’s award
winning, split-level design known as the “Peacock Farm House.”The earliest houses in the Upper
Turning Mill Road were 5 Dewey and 7 Gould, constructed in 1957, with the latest of the “Peacock
Farm” type houses in the neighborhood completed in 1961.
The Peacock Farm house contained roughly 1,800 square feet on three levels, with an open plan
layout which separated activities by their anticipated noise levels. The three-level interior was divided
functionally with three bedrooms and one and one half or two bathrooms on the top level, living room,
dining room, kitchen and main entrance on the middle level and a playroom, utility room and/or garage
(convertible to two additional bedrooms) on the lower level. Interior features included a distinctive
fireplace wall separating the entrance hall and living room, sloping ceilings, and exposed beams. From
the exterior, the brick chimney is visible through the clerestory windows.
Character-defining exterior features include a low-pitch roof with one slope longer than the other,
broadly overhanging eaves which display exposed beams, and stained vertical cedar siding. Fenestration
consists of horizontal bands of windows, often integrating fixed and operable casement sashes.
Separating the bands of windows on the upper levels of the façade are plywood panels. Some of the
lower level windows are covered by a wooden screen of horizontal lathing.
Like Koch’s Techbuilt houses, the Peacock Farm house represented an experiment in good design at
the subdivision level, but in Lexington, the Peacock Farm house was replicated in five subdivisions
following the success of the original neighborhood in East Lexington, created by Lexington architect
Walter Pierce (1920-2013) and his partner Danforth Compton (1920-1955). After Compton’s death,
Pierce entered a licensing agreement with Newton, Mass., developers Edward Green and Harmon White
to construct additional subdivisions around the town. At Upper Turning Mill, Green and White,
operating as Benjamin Franklin Homes and Lexland Construction Corporation and using Pierce and
Compton’s Peacock Farm house, expanded and realized the vision laid down by Techbuilt for a
residential enclave of good modern design at affordable prices in a setting that preserved the natural
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topography and took advantage of existing vegetation. Upper Turning Mill is significant as one of
Lexington’s five Peacock Farm neighborhoods, which have been recognized as eligible for National
Register listing.
As was true of Lexington’s other subdivisions of this era, both sections of the Turning Mill
neighborhood were popular with young professional buyers, many of whom were lured to the area by a
growth of technology employment. Directories indicate that within the neighborhood, the original
households were all comprised of male earners with their spouses listed as housewives. The typical
resident was in his/her thirties. Nearly all moved to the neighborhood from other communities in
Massachusetts, with lesser numbers moving from other states. Their occupations included physicians,
engineers, scientists, and other professionals.
Among the aspirations shared by architects Carl Koch, Walter Pierce, and Danforth Compton, and
by the businessmen who supported these subdivisions, including Rupert McLaurin and the Green and
White company, was the hope that through good design and shared amenities (such as the community
swimming pools at both Peacock Farm and Turning Mill), a sense of community values would arise.
This NCD study, as well as other efforts to preserve not just the physical character of the neighborhood
but also the social network of residents who gathered for block parties, trick or treating, and other group
events, demonstrates that this goal has, to a large extent, been realized at Turning Mill. An example of
this sense of shared values can be seen in the efforts residents have taken to protect the natural setting of
their community.
Beginning in 1960, residents began to protect open space at the Paint Mine Conservation Area, with
town meeting voting to acquire the parcels that now constitute that area. Later in the 1960s, a threat to
the prized and valued woodland setting both within and north of the town line motivated a group to
move against attempts to develop an adjacent parcel of 248 acres of land in the Town of Burlington.
When that land was rezoned by Burlington from residential to industrial, real estate developers sought to
create access into the Burlington land by improving the historic cart path between 2 Grimes and 45
Turning Mill roads. The neighborhood organized to prevent the creation of the access road, and in 1971,
the Lexington Town Meeting voted to “take a narrow conservation strip of land behind Partridge and
Turning Mill Roads…” This strip effectively blocked further development of the Burlington
conservation land, now known as “The Landlocked Forest” and recently again rezoned by Burlington as
open space. Finally, in 2000, Hennessey Field, first acquired by the town in 1962, was incorporated into
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the Paint Mine Conservation Area. With an early 20 century barn, surviving stone walls, and the
remnants of the Robinson Road cart path, Hennessey Field contains historic structures as well as
protected open space.
Another example of community action was the creation of the Paint Rock Community Pool. In
1960/1961, Eugene Roberts, the developer responsible for completion of the Middle Ridge subdivision,
offered to donate land for a neighborhood swimming pool as an added incentive in marketing the houses.
Originally proposed at20 Partridge Road, site plans were modified to provide for a pool at 13 Partridge
Road. Following a series of discussions on how to manage pool membership, it was decided to limit
membership to people living on the seven contiguous streets to the pool where Roberts’ houses were
being built: Partridge, Turning Mill, Demar, Jeffrey Terrace, Grimes, Gould, and Dewey. Nearly all the
100 eligible families purchased membership bonds, an attorney developed rules and regulations for a
pool association, and a contractor was hired to build the pool, which opened in 1962. The pool, whose
membership has expanded over the years, has been an important catalyst in neighbors getting to know
each other over the years.
These collective actions to protect open space and create formal organizations to bring the
neighborhood into community demonstrate a keen sense of commitment that fulfills the ideals the
architects and developers of the area hoped their projects would instill. Turning Mill is thus significant
in the social history of the town for its community activism and cohesion over the years.
Chapter 78-3, D. (2) directs an NCD study committee to evaluate the appropriateness of an NCD
designation that includes a description of the NCD Area’s cohesiveness of “scale, size, type of
construction, materials or style or age of its buildings and structures, or its land use patterns and
landscaping.”
Of the 153 houses of the NCD Area, only seven are not consistent with the surrounding 146
contemporary/modernist houses, meaning that only 5% of the houses in the NCD Area diverge from the
dominant design aesthetic. That dominant design aesthetic consists of five majorMid-Century Modern
style house types: the Techbuilt, Peacock Farm, chalet, Turning Mill Raised Ranch, and Turning Mill
Split-level. The seven houses not consistent with the modernist aesthetic are:
30 Dewey Road (1959, garrison colonial),
31 Dewey Road (1912, reworked completely),
19
32 Dewey Road (1967, garrison colonial),
28 Partridge Road (2000, Norman/neo-Colonial),
3 Turning Mill Road (a 1972, gambrel cape),
43 Turning Mill Road (2000, neo-Colonial), and
56 Turning Mill Road (2015, see p. 6 for description).
Measured in terms of age, or date of construction, just 11 houses (9%) post-date 1970, and of those,
2
sevenreflect contemporary design variants.Newer houses that display a variation on contemporary or
“Modern” design that differs from the five dominant house types include:
24 Demar (1997, “shed Modern,” Dan Sullivan, architect);
24 Dewey (1972, Acorn House);
26 Dewey (1971, “shed Modern,” original designer unknown);
28 Dewey (1974, “shed Modern,” original designer unknown);
35 Turning Mill (1976, Stanmar Leisure Homes design); and
37 Turning Mill (1975, “shed Modern,” Jack Sarness, designer with Larry Butler, owner).
The Area’s Techbuilt, Peacock Farm, and the Turning Mill variants were all architect-designed, but
they used standardized designs. In addition to those standard designs, four individually architect-
designed pre-1970 houses also conform well to the Turning Mill design aesthetic. These include:
18 Turning Mill Road (1960, Henneberg & Henneberg),
24 Turning Mill (1963, Kenneth Redmond, Stanley Myers Office),
20 Partridge (1967, Lucy Rapperport) and
30 Turning Mill (1961, Lucy Rapperport).
Harvard GSD-trained Lincoln, MA architect Lucy Rapperport (1931- ) is the only woman architect
associated with houses in the neighborhood. Finally, there is one early ranch house (28 Turning Mill)
constructed in 1957 to plans of Scholz Homes, Toledo, OH, described as a “California Contemporary,
plan 11063.”
All the houses in the Turning Mill NCD Area, except for the seven non-conforming houses already
cited, share modernist/contemporary styling and design as well as consistent materials (wood frame
construction, with paneled and masonry accents), scale (one-, one-and-a-half, and two-story height), and
2
The four post-1970 houses in designs other than contemporary are 28 Partridge and 3, 43, and 56 Turning Mill roads,
previously cited as inconsistent with the predominant modernist character of the NCD Area.
20
size (2000+/- square feet) on lots averaging 37,000 square feet. By age, almost all were built in a tight
10-year span between 1954 and 1964 and most of those post-dating 1964 display the same aesthetic.
3
Onlyfourhouses have, to date, been lost to demolition.A review of permits for alterations to
Turning Mill houses (see Alteration Permit Data, Appendix E) revealed that common alterations to the
houses included carport and garage additions and conversions, porch additions and enclosures, and
expansion of living space (kitchens, family rooms, bedrooms, and baths).
In terms of land use patterns and landscaping, Turning Mill houses follow a naturalistic approach
that takes advantage of the area’s upland topography, with rock ledges and outcrops retained and houses
sited to conform to the existing contours. Fencing and formal plantings and lawns are minimized, with
native species supplemented by evergreen and woodland understory trees and shrubs. Except for the
Turning Mill Split-levels (mostly on Partridge Road), houses are not aligned to their street frontage.
Privacy is gained through use of screening plantings for the most part and stands of oak, beech, white
pine and maple provide mature tree cover. As the tree canopy and added plantings have matured, the
siting and orientation of the houses to fit topography has enhanced the element of privacy on each
property. Screenings planting, rather than fencing, shields views into neighboring houses. Property
boundaries are not obvious, and lawns are minimized.
In sum, the Turning Mill NCD Area exhibits a strongly cohesive appearance in scale, size, type of
construction, materials, style, age, land use patterns, and landscaping. This report finds that the Turning
Mill NCD Area has both significance, and cohesiveness and by the standards established in Chapter 78,
Turning Mill meets the criteria for designation as an NCD.
3
24 Demar Road (1997),28 Partridge Road (2000), 56 Turning Mill Road (2015), 33 Partridge Road (2017)
21
Techbuilt
Peacock Farm Contemporary
Turning Mill Split-level
Turning Mill Raised Ranch
Shed Modern
Chalet
Figure 3: Representative building types
22
Figure 4:
Example of neighborhood character with woodland setting and feeling, natural setting, privacy
screening, houses that blend in with the natural landscape
Figure 5: Landscape Character showing extensive tree cover and protected open space
23
Chapter 78, Lexington’s NCD Enabling Bylaw, establishes the procedures for adopting and
administering the proposed Turning Mill NCD but the NCD must develop its own by-law for Town
Meeting consideration, specifying the authority to be vested in an NCD Commission that would be
appointed to administer the Turning Mill NCD should Town Meeting vote to approve, and developing
regulations and guidelines to direct the Commission in its management of the NCD.
Chapter 78 defines regulations as “mandatory regulations which describe the authority vested in the
NCD Commission”, while guidelines are “advisory” and intended “to guide the review of proposed
Construction and/or Alteration” in the NCD. In addition, the chapter sets out in section 78-5 C. a set of
“Exemptions from review,” which specifies eight categories of construction and/or alteration, all of
which are exempt from NCD Commission review and cannot be regulated by the Commission.
The intent of the NCD Study Committee has been to draft regulations and guidelines for the
proposed Turning Mill NCD that focus on the two main concerns residents voiced in the preliminary
neighborhood discussions:
1) Ensure compatible scale, materials, and design in cases of demolition, construction, and alteration,
and
2) Encourage the retention of the natural woodland setting of the neighborhood to respect the
privacy of abutters, conserve the wild and plant life of the area, and maintain the informal, naturalistic
woodland setting of the neighborhood.
These concerns can be further defined as a statement of purpose, which is:
Distinctive Character
: to recognize the unique and distinctive character of the Turning Mill
neighborhood including the design consistency and modest scale of its Mid Century Modern
buildings and their materials, and the careful siting of buildings in a woodland landscape that
retains the natural topography, augmented with native trees, shrubs and planting that help
sustain wildlife and provide a feeling of privacy and seclusion;
Preservation
: to conserve and preserve Turning Mill’s existing buildings and encourage
construction and alteration that complements and is compatible with those buildings and
structures, and their setting and character;
25
Participate in Planning
: to provide residents and property owners with the opportunity to
participate in planning the future and dynamic improvement of the Turning Mill
neighborhood;
Educate Community
: to promote wider public knowledge and appreciation for the Turning
Mill neighborhood by serving as an information resource on the history of the neighborhood
and on compatible materials, methods, and options for caring for and maintaining Mid-
Century Modern houses and landscapes; and
Residents’ Public Welfare
: to enhance the public welfare by offering current and future
residents of Lexington the opportunity to live and work in a significant and historic Mid-
Century Modern neighborhood.
The NCD Study Committee recommends that a Turning Mill NCD Commission’s regulations be
structured to review:
Demolition of an existing building
, or of a structure over 120 square feet of floor area and
10 feet in height. As used throughout the regulations and guidelines, "structure" means any
combination of materials other than a building, including a sign, fence, wall, terrace, walk or
driveway;
Construction of a building
, or of a structure over 120 square feet of floor area and 10 feet in
height;
Alteration of an existing building
or of a structure that would require issuance of a variance
from the then-current zoning by-laws of the town only if the alteration would be visible from
a public way;
Alteration of an existing building
or of a structure that would involve the removal and
replacement of the building or structure’s siding, windows, and trim with materials not
matching or substantially similar in dimensions, texture, proportion, design, thickness, scale,
and exposure only if the alteration would be visible from a public way
Changes in topography
due to construction of a building or structure that would require
excavation to modify the existing topography, or erection of retaining walls of more than 36
inches of vertical exposure. The intent is to work with the natural topography as much as
26
possible and minimize alterations. Criteria to evaluate topography changes include impact on
neighbors and the control of ground water;
Landscaping Changes:
The intent of the regulations on landscaping changes is to preserve
the “woodland setting”, “privacy” and “nature” characteristics of the neighborhood which
neighbors identified as important to making the neighborhood unique. When trees are
removed for good reasons, they can be replaced in a way that preserves the neighborhood
character.
New construction, home additions and complete demolition and replacement of a
a.
home should support the retention of mature, healthy landscape materials and
planting of new greenery, preserve the existing grade of the property where
possible and encourage separation and privacy between properties using natural
materials.
The NCD Commission will review the removal of any tree having a
diameter of six inches (6”) DBH or larger or having an aggregate diameter of fifteen
inches (15”) DBH or larger as part of new construction or alteration including home
additions and demolition and complete replacement of a home.
i.When a tree with 6 inches or larger diameter is removed, a replacement tree
with a minimum of 3 inch diameter is required. An exception to tree
replacement is if trees are growing too close together and the thinning out of
the trees will help the remaining trees flourish.
ii.Tree and shrub screening in side and rear setback areas must be added,
preserved or replaced in kind. When a tree with 6” or larger diameter is
removed, a replacement tree with a minimum of 3” diameter is required. An
exception to tree replacement is if trees are growing too close together and the
thinning out of the trees will help the remaining trees flourish. The 15 feet
setbacks in the rear and sides are reserved for privacy screening and cannot be
lawn.
iii.A before and after tree and shrub plan will be required and approved before
the commencement of any tree removal, excavation, re-grading or
construction. For additions, this plan would be simple and focused on the
limited area of development. For reconstruction, a full landscape plan for the
lot is required. A 25-foot tree removal buffer zone can be planned around
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where the new structure will be located, not where the old structure is located
prior to demolition.
The Turning Mill NCD Study Commission proposes and recommends that the authority of the
Turning Mill NCD Commission shall not extend to the following categories, which shall be exempt
from review as specified in Chapter 78-5 C.:
Temporary structures;
Interior alterations;
Storm windows, storm doors and screens;
Color;
Accessory buildings of less than 120 square feet of floor area and less than 10 feet in height;
Alterations and Exterior Architectural Features that are not visible from the public way or other
areas open to public access, including but not limited to, a public street, public way, public park
or public body of water;
Ordinary maintenance, repair, or replacement in kind of Exterior Architectural Features and
Landscaping Features and/or changes made to meet requirements deemed by the Building
Commissioner to be necessary for public safety because of an unsafe or dangerous condition; and
Changes explicitly permitted by other laws, including but not limited to laws related to zoning,
subdivision control, and fair housing, and in addition, the Turning Mill Study Commission
further proposes and recommends the following also be exempt from review;
Skylights and solar panels installed parallel to, and in close contact with, the plane of the roof;
Fences four feet high or less and their equal-height entry gates;
Handicapped-accessible ramps; and
Plant material replaced in kind or similar in type or function.
Guidelines are suggestions based on observations and principles designed to preserve the unique
characteristics of the neighborhood. The guidelines are intended to advise and preserve the
28
neighborhood character over time and educate property owners on design and aesthetic principles
prevalent in Turning Mill.
In determining the compatibility of proposed demolition, construction, or alteration in the Turning
Mill NCD, as called for above, the Turning Mill NCD Study Committee recommends that a Turning
Mill NCD Commission be guided in its decision-making by the Decision Criteria in Chapter 78-6 and,
in the initial period following the establishment of a Turning Mill NCD by Guidelines 1. – 8. listed
below, adapted from those now in use by the Peacock Farm Neighborhood Association, and that, as
directed in Chapter 78-8, within 36 months following the establishment of a Turning Mill NCD, the
Turning Mill NCD Commission be directed to hold a public hearing to consider modifications to these
guidelines or adopt any further guidelines which it determines to be necessary to carry out its duties:
1.Exterior siding: The original materials used were almost always vertical or horizontal cedar or
plywood (T1-11) siding. In addition to choosing to use the original materials, new and modern
alternatives such as cement shingles and other materials with contemporary design principles are
encouraged;
2.Windows: wood-framed or clad windows with factory-installed insulating glass are acceptable
replacement sash, provided the frame dimension (thickness as viewed from the exterior) is
minimal; wider-framed replacement sash will be less compatible; TechBuilt windows were
installed using interior and exterior “stops” and can be replaced without altering the look of the
house. Peacock Farm windows are more complicated. The essential trade skill needed for
successful replacement of Peacock Farm windows is carpentry and table and miter saws are
needed;
3.Panel and trim details: panels at banded windows and other trim elements were made of
plywood. When replacing damaged plywood, flat, exterior grade plywood or a flat, painted PVC
panel material are both good options. A high quality paint job will extend the life of the plywood
panels. Materials like zinc, copper, aluminum panels are acceptable to achieve
modern/contemporary design appearance;
4.Garage and storm doors: wooden or paintable doors with a flat profile are preferred; paneled or
embossed or vinyl doors should be avoided;
5.Roofing: tar and gravel on flat roofs was the standard roofing material in original construction;
EPDM/rubber membrane roofing in gray or black and metal roofing are acceptable replacements
for the tar and gravel roofs. Drip edges were originally copper but aluminum is a good
29
alternative. Bronze colored aluminum will not show staining caused by decaying organic
materials;
6.Fencing: stone walls and split rail or other open wood fencing are preferred; fencing should be
minimal; vinyl or PVC materials, and defining boundaries with walls and fences should be
avoided in most cases;
7.Landscaping:
Types of planting:
a. plants native to or adaptive in the woodland zone are preferred,
including Eastern Hardwoods (oak, hickory, beech, red maple, birch) and pines; hearty
and drought tolerant plants and broadleaf evergreen shrubs (laurel, rhododendron) are
preferred for understory plantings with shade and drought tolerant fescues for lawn areas;
invasive (like Norway Maple) and species under threat of disease, like Hemlock, should
not be used.;
Style of landscaping
b.: informal, naturalistic plantings to enhance privacy are encouraged;
formal hedges, straight line hedges, regular spacing of shrubs, and defining boundaries
with hedges should be avoided. The intent is not a heavily wooded front yard, but modest
front yard screening is required to preserve the woodland character. Mixing perimeter
trees with understory shrubs like mountain laurel, rhododendrons and azaleas contribute
to privacy and the woodland look. Installation of lawns should be in addition to, but not
instead of, trees and shrubs;
On-going maintenance:
c.landscapemaintenanceby existing property owner encourages
the retention of mature, healthy landscape materials and planting of new greenery,
preserves the existing grade of the property where possible and encourages separation
and privacy between properties using natural materials. The removal of any tree having a
diameter of six inches (6") DBH or larger or having an aggregate diameter of fifteen
within
inches (15") DBH or larger as part of on-going maintenance by property owner
the setback area
(see diagram) should be considered very deliberately and in concert
with the adjacent neighbor. When a tree with 6” or larger diameter is removed, a
replacement tree with a minimum of 3 inch diameter is encouraged. An exception to tree
replacement is if trees are growing too close together and the thinning out of the trees will
help the remaining trees flourish ; and;
30
8.Paving: asphalt paving is quite common currently in the neighborhood and is acceptable.
Pervious paving materials could be considered if possible and appropriate for the site, including
washed stone, washed stone on brick base, compacted stone and stone dust, bank run gravel, and
rolled aggregate.
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Article XXX Turning Mill Neighborhood Conservation District
1. PURPOSES
As enabled by Chapter 78 of the Bylaws of the Town of Lexington, this Bylaw establishes the
Turning Mill Neighborhood Conservation District (NCD) in the Town of Lexington for the following
purposes:
to recognize the unique and distinctive character of the Turning Mill neighborhood including
the architectural design consistency and modest scale of its Mid Century Modern buildings
and their materials, and the careful siting of buildings in a woodland landscape that retains
the natural topography, augmented with native trees, shrubs and planting that help sustain
wildlife and provide a feeling of privacy and seclusion;
to conserve and preserve Turning Mill’s existing buildings and encourage construction and
alteration that complements and is compatible with those buildings and structures, and their
setting and character;
to provide residents and property owners with the opportunity to participate in planning the
future and dynamic improvement of the Turning Mill neighborhood;
to promote wider public knowledge and appreciation for the Turning Mill neighborhood by
serving as an information resource on the history of the neighborhood and on compatible
materials, methods, and options for caring for and maintaining Mid-Century Modern houses
and landscapes; and
to enhance the public welfare by offering current and future residents of Lexington the
opportunity to live and work in a significant and historic Mid-Century Modern
neighborhood.
2. DEFINITIONS
Capitalized terms not defined in this bylaw are used as defined in Chapter 78 NCD Enabling Bylaw.
Alteration
-- any change to the exterior of a Building, Structure or Setting, or part thereof, including
construction, demolition, moving, reconstruction, rehabilitation, removal, replication, restoration, or
similar activities, and/or significant changes to the site itself.
Building
– a combination of materials forming a shelter for persons, animals or property.
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Building Commissioner
-- the Building Commissioner of the Town of Lexington.
Certificate of Compatibility
– a form created and issued by the NCD Commission under Chapter
78, which states that a proposed plan for Construction and/or Alterations to a Building, Structure or
Setting within an NCD meets the Regulations and Guidelines adopted for the Turning Mill NCD, and
which is signed by that NCD Commission’s Chair or other officially delegated person responsible for its
issuance. An application for a building or demolition permit must be accompanied by this Certificate, if
the scope or nature of such projects is covered under the Regulations and Guidelines.
Certificate of Non-Applicability
– a form created and issued by the NCD Commission under
Chapter 78, which states that proposed changes to a Building, Structure or Setting within the Turning
Mill NCD are not subject to review under this bylaw, and which is signed by that NCD Commission’s
Chair or other officially designated person. An application for a building or demolition permit must be
accompanied by this Certificate, if the scope or nature of such projects is exempt under the Regulations
and Guidelines.
Certificate of Hardship
– a form created and issued by the NCD Commission under Chapter 78,
which states that owing to conditions especially affecting the Building or Structure but not affecting the
Turning Mill NCD generally, failure to issue a Certificate of Compatibility would result in a substantial
hardship to the applicant and that such application may be approved without substantial detriment to the
public welfare and without substantial derogation from the intent and purposes of the NCD, and which
must be signed by that NCD Commission’s Chair or other officially designated person. An application
for a building or demolition permit must be accompanied by this Certificate, if the scope or nature of
such projects is covered under the Regulations and Guidelines.
Construction
– the erection of a new Building or Structure.
DBH
(“Diameter at Breast Height”) -
Demolition
– the act of pulling down, destroying, removing or razing a Building and/or Structure or
any substantial portion thereof or the act of commencing the work of total or substantial destruction with
the intent of completing the same. "Demolition" as used herein shall be deemed to include demolition
by neglect.
Demolition by Neglect
- A process of ongoing damage to the fabric, viability and/or functionability
of an unoccupied building leading towards and/or causing its eventual demolition due to decay and/or
structural failure and/or severe degradation over a period of time as a result of a general lack of
maintenance, and/or failure to secure the building from pests or vandals, and/or failure to take
33
reasonable measures to prevent the ingress of water, snow, ice, and wind through the roof, walls, or
apertures.
Exterior Architectural Features
– such portions of the exterior of a Building or Structure,
including but not limited to the architectural style, and general arrangement and Setting thereof; the type
and texture of exterior building materials; and the type and style of windows, doors, lights, signs and
other appurtenant fixtures.
Guidelines
– advisory guidelines, duly adopted and enforceable under this Bylaw, to guide the
review of proposed Construction and/or Alteration within the Turning Mill NCD.
Historical Commission
-- the Lexington Historical Commission.
Neighborhood Conservation District or NCD
- a district approved by Town Meeting for those
properties within a NCD Area who have not opted out of the provisions of Chapter 78.
NCD Area
–the total geographic area covered by all of the properties studied under each Section 3
Study of Chapter 78.
Neighborhood Conservation District (NCD) Commission
- a public body established under
Chapter 78 with the authority to review and approve or disapprove proposed Construction and/or
Alteration to a Building, Structure or Setting in the NCD for compatibility with the Design Guidelines
established for that District. A separate Neighborhood Conservation District Commission shall be
established for each designated NCD.
Petition
- a document signed by at least 10 Property Owners, one signature per property, of a
neighborhood stating the desire of the Property Owners to form a Neighborhood Conservation District,
and including the supporting materials required to initiate the study process by which an NCD is
established.
Planning Board
-- the Lexington Planning Board.
Privacy Screening
– Natural plantings to enhance privacy. Best achieved by planting a mix of
perimeter trees with understory shrubs like mountain laurel, rhododendrons and azaleas, contributing to
privacy and enhancing the characteristic woodland aesthetic. The existence of trees and understory bush
and shrubs that serve to partially “hide” the sight of neighboring property elements thus creating the
illusion of being surrounded by open space. Where sloping land is involved, upslope properties may be
better able to provide the most effective privacy screening.
Property Owner
- the owner of a property as listed on the Town of Lexington’s property tax rolls at
the relevant time.
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Protected Tree
– Any tree on private land with a DBH of six inches or greater (or any multiple
trunk tree with a DBH of 15 inches or greater), provided that the tree is not hazardous.
Regulations
– mandatory regulations which describe the authority vested in the Turning Mill NCD
Commission, duly adopted under this Bylaw.
Report
- the document prepared by a Study Committee recommending favorable or unfavorable
action on a Petition to establish an NCD under Chapter 78.
Setback Area
– The minimum setback area around a lot shall be measured in accordance with the
larger dimension of 30 feet from the front and 15 feet from the two sides and from the rear of the lot;
and the minimum front yard, side yard and rear yard dimensional requirements under the Zoning Bylaw
of the Town of Lexington.
Setting
- the characteristics of the site of a Building, Structure or undeveloped property, including,
but not limited to, placement and orientation of the Building or Structure, and vegetation and
landscaping.
Structure
- a combination of materials other than a building, including a sign, fence, wall, terrace,
walk or driveway.
Study Committee
- the group of five people appointed to review, recommend or reject a Petition to
create an NCD, as described in Section 3(c), or amend an existing NCD, as contemplated in Section 3(i)
of Chapter 78.
Temporary Structures
– structures which have no permanent foundation, and are intended to
remain on a property only for a brief period of time.
3. DESIGNATION
The Turning Mill proposed NCD Area satisfies the following criteria for designation specified in
Chapter 78-3 A.:
(1) The Turning Mill NCD Area as a whole constitutes a recognizable neighborhood which has a
distinctive character, and
(2) the Turning Mill NCD Area also contains Buildings, Structures and Settings that are significant
to the architectural, aesthetic, cultural, and social history of Lexington; and
(3) the Turning Mill NCD Area has generally cohesive features, including the scale, size, type of
construction, materials or style or age of its Buildings and Structures, and its land use patterns and
landscaping.
4. TURNING MILL NCD COMMISSION
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A.Following Town Meeting approval of the Turning Mill NCD designation, and recording of a
boundary map of the NCD at the Middlesex South Registry of Deeds, a Turning Mill
Neighborhood Conservation District Commission shall be appointed under this Bylaw and shall
consist of five members and two alternates. One member and one alternate shall be designees of
the Historical Commission and one member shall be a designee of the Planning Board. Three
members and one alternate shall be residents of the Turning Mill NCD, to be appointed by the
Town Manager based on candidates nominated by neighborhood vote. When reasonably
possible, the Turning Mill NCD Commission shall include an architect, historic preservationist,
and/or landscape architect.
B.Members and alternates of the Turning Mill NCD Commission shall initially be appointed for
staggered terms, and to two-year terms thereafter. Members who are residents of the NCD shall
initially be appointed to staggered terms, and to three-year terms thereafter. Each NCD
Commission member or alternate may continue to serve in office after the expiration of his or her
term until a successor is duly appointed. No member may serve more than two consecutive terms
without a one year break.
5. REVIEW OF CONSTRUCTION AND ALTERATIONS
A. The extent of review for any construction or alteration proposed within the Turning Mill NCD is
established as follows:
NCD Commission Review Required for:
demolition of an existing building, or of a structure over 200 square feet of floor
area or 10 feet in height;
construction of a building or alteration of an existing building, or of a structure
over 200 square feet of floor area or 10 feet in height if the building or alteration
would be visible from a public way;
alteration of an existing building or of a structure that would involve the removal
and replacement of the building or structure’s siding, windows, and trim with
materials not matching or substantially similar in dimensions, texture, proportion,
design, thickness, scale, and exposure only if the alteration would be visible from
a public way;
36
construction of a building or structure that would require excavation to modify the
existing topography, or erection of retaining walls of more than 4 feet of vertical
exposure and;
the removal of any Protected Tree in conjunction with construction or alteration
of a building or of a structure unless either documented by a licensed arborist to
be necessary because of imminent demise or hazard, or evident to the untrained
eye to be irreparably damaged.
Guidelines
All Landscaping Alterations with respect to new construction, home additions and
complete home demolition and replacement:
i.A before and after landscaping plan is required before the commencement
of any tree removal, excavation, re-grading or construction. For additions,
the required plan scope should include the limited area of development.
For reconstruction, a full landscape plan for the lot is required.
Style of landscaping
ii.: informal, naturalistic plantings to enhance privacy
and the retention of mature, healthy landscape materials are encouraged;
formal hedges, straight line hedges, regular spacing of shrubs, and
defining boundaries with hedges should be avoided. The intent is not a
heavily wooded front yard, but modest front yard screening is required to
preserve the woodland character. Mixing perimeter trees with understory
shrubs like mountain laurel, rhododendrons and azaleas contribute to
privacy and the woodland look. Installation of lawns should be in addition
to, but not instead of, trees and shrubs;
Types of planting
iii.:plants native to or adaptive in the woodland zone are
preferred, including Eastern Hardwoods (oak, hickory, beech, red maple,
birch) and pines; hearty and drought tolerant plants and broadleaf
evergreen shrubs (laurel, rhododendron) are preferred for understory
plantings with shade and drought tolerant fescues for lawn areas; invasive
(like Norway Maple) and species under threat of disease, like Hemlock,
should not be used;
37
Replacement of trees:
iv. when a Protected Tree is removed, a replacement
tree with a minimum of 3 inches is required. The 15 feet setbacks in the
rear and sides are reserved for privacy screening and cannot be solely
lawn. Additionally, if any Protected Trees were removed during the 12
months preceding the application to the NCD Commission, a tree removal
and mitigation proposal regarding the protected trees already removed
shall be submitted to the NCD Commission.
v.The Protected Trees within the setback area are governed by the Tree
Warden and the Chapter 120 Tree Bylaw.
Exterior siding: The original materials used were almost always vertical or
horizontal cedar or plywood (T1-11) siding. In addition to choosing to use the
original materials, new and modern alternatives such as cement shingles and other
materials with contemporary design principles are supported;
Windows: Windows are a very important architectural and aesthetic element of
these homes and replacement can be difficult to do correctly while maintaining
the appropriate style, largely because of the vertical-grooved siding. The large
glass panels and minimal frame dimensions are key features to be preserved.
i.Tech-Built style: windows in these houses are held in place by what are
called “stops”. This is true of both the clerestory windows and the other
“conventional” windows. These windows can easily be replaced while
maintaining the same aesthetic.
ii.Peacock Farm style, Holiday homes, Turning Mill splits and other house
types:
1.The clerestory windows are pieces of glass which are held in place
by “stops” located on both the interior and exterior of the glass.
For best results, use a professional glazier with good carpentry
skills for removal of the old glass and for measuring, ordering,
making new stops and installation of the new thermo pane glass.
The new glass must be measured for and mounted differently.
2.We believe that all other windows in these houses are the steel
“Hope” windows. They present a more complicated challenge
38
because at least some of the vertical siding must be removed all
around the window in order to access the nailing fin and remove
the old window. There are 3 ways to approach this. Knowledge of
how the old windows were installed are essential for 2 and 3
below. Good carpentry skills are essential in every case.
a.In order to achieve the narrowest window profile, the siding
must be removed. This approach deviates slightly from the
architects’ original design intent.
b.In order to achieve a medium profile around your new
windows, some minimum amount of siding must be
removed all around each window.
c.You can also opt for a conventional, wide-profile trim
around your new windows by removing more siding all
around your windows. This results in the most deviation
from the architects’ original design intent.
Panel and trim details: panels at banded windows and other trim elements were
made of plywood. When replacing damaged plywood, flat, exterior grade
plywood or a flat, painted PVC panel material are both good options. A high-
quality paint job will extend the life of the plywood panels. Materials like zinc,
copper, aluminum panels are acceptable to achieve modern/contemporary design
appearance;
Garage and storm doors: wooden or paintable doors with a flat profile are
preferred; paneled or embossed or vinyl doors should not be used;
Roofing: tar and gravel on flat roofs was the standard roofing material in original
construction; EPDM/rubber membrane roofing in gray or black and metal roofing
are acceptable replacements for the tar and gravel roofs. Drip edges were
originally copper but aluminum is a good alternative. Bronze colored aluminum
will not show staining caused by decaying organic materials;
Fencing: stone walls and split rail or other open wood fencing are preferred;
fencing should be minimal; vinyl or PVC materials, and defining boundaries with
walls and fences should not be used;
39
Paving: asphalt paving is quite common currently in the neighborhood and is
acceptable. Pervious paving materials could be considered if possible and
appropriate for the site, including washed stone, washed stone on brick base,
compacted stone and stone dust, bank run gravel, and rolled aggregate.
C.Except as otherwise provided in this Bylaw and its Regulations and Guidelines, no Building
and/or Structure, or its Setting, within the Turning Mill Neighborhood Conservation District
shall be Constructed, Demolished or Altered in any way unless the Turning Mill NCD
Commission shall first have issued a Certificate of Compatibility, a Certificate of Non-
Applicability, or a Certificate of Hardship.
D.Exemptions from review:
All of the following categories or types of construction and alterations shall be exempt
from review by the Turning Mill NCD Commission:
Temporary structures;
Interior alterations;
Storm windows, storm doors and screens;
Color;
Accessory buildings of less than 120 square feet of floor area and less than 10 feet in
height;
Alterations and Exterior Architectural Features that are not visible from the public
way or other areas open to public access, including, but not limited to, a public street,
public way, public park or public body of water;
Ordinary maintenance, repair, or replacement in kind of Exterior Architectural
Features and Landscaping Features and/or changes made to meet requirements
deemed by the Building Commissioner to be necessary for public safety because of
an unsafe or dangerous condition; and
In addition, the regulations and guidelines of the Turning Mill NCD Commission
further provide that the following additional categories shall also be exempt from
review:
Skylights and solar panels installed parallel to, and in close contact with, the plane of
the roof;
Handicapped-accessible ramps; and
40
Plant material replaced in kind or similar in type or function.
D. Review Process:
Any person proposing Construction, Demolition, and/or Alteration of a Building,
Structure or Setting in the Turning Mill NCD shall first file an application with the
Commission for a Certificate of Compatibility, Certificate of Non-Applicability or
Certificate of Hardship, in such form as the Commission may reasonably determine,
together with such plans, elevations, specifications, photographs, description of materials,
and other information as may be reasonably deemed necessary by the Commission to
enable it to make a determination on the application. The date of the filing of an
application shall be the date of the receipt of the completed application by the
Commission.
Following submission of an application deemed complete by the Commission, the chair
of the Commission shall determine within 14 days whether the application involves
features that are subject to review by the Commission. If the chair of the Commission
determines that the application is subject to review, the Commission shall hold a public
hearing within 45 days of the original filing date. Public notice of the time, place and
purpose of the hearing shall be given at least 14 days prior to the hearing date by
publication in a newspaper of general circulation in the Town and by conveying said
notice to the applicant and all owners of properties within 100 feet of the property, at the
address for such owners as listed in the then current real estate tax list of the Board of
Assessors.
Following the close of the public hearing, the Commission shall determine whether the
proposed Construction, Demolition, and/or Alteration is compatible with the Regulations
and Guidelines established for the Turning Mill NCD. If the Commission determines that
the proposed Construction, Demolition and/or Alteration is compatible with the general
Regulations and Guidelines, it shall issue a Certificate of Compatibility. If the
Commission determines that the Construction, Demolition and/or Alteration is not
compatible, the Commission shall provide the applicant with a written statement of the
reasons for its disapproval. A Certificate of Hardship may be issued if the Commission
determines that, owing to conditions especially affecting the Building or Structure but not
affecting the Turning Mill NCD generally, failure to issue a Certificate of Compatibility
41
would result in a substantial hardship to the applicant and that such application may be
approved without substantial detriment to the public welfare and without substantial
derogation from the intent and purposes of the Turning Mill NCD; provided that upon
elimination of the hardship condition, any incompatible Construction or Alteration shall
promptly be removed.
If the Commission fails to issue a Certificate within 60 days after the filing of the
application, or such further time as the applicant may allow in writing, the Certificate
shall be deemed granted.
The Commission shall, within seven days of the decision, file with the Building
Commissioner copies of all Certificates issued by the Commission as well as any
determinations of disapproval.
The Regulations and Guidelines for the Turning Mill NCD may provide that certain
categories or types of Construction and/or Alteration shall be subject to advisory, non-
binding review by the Commission, or an owner may request such non-binding review of
an otherwise exempt Construction and/or Alteration, in which event the review
procedures shall be followed, but without the Commission voting or rendering a binding
determination.
6. DECISION CRITERIA
A.
In passing upon matters before it, the Turning Mill NCD Commission may consider, among other
things:
Thearchitectural, aesthetic, cultural,andsocialor historical valueand significance ofthe particular
buildings, structures or settings affected, as wellas the effects of the same on the NCD;
The suitability of the construction's, alteration’s or setting's general design, arrangement, and
composition of its elements on the distinctive character of the NCD; the effect on the cohesiveness
of the NCD in terms of scale and massing of the proposed changes relative to nearby buildings and
structuresin the NCD, the type of construction, style, the textures and materials of the features
involvedin the proposed construction or alteration;
The setting and landscape characteristics, including their relationship to the street, neighboring
properties,topography, and existing vegetation, including mature trees, of the particular site
involved in the construction or alteration, as wellas the effects of same on the NCD;
For demolitions,
42
a.There is no reasonable likelihood that either the owner or some other person or group is
willing to purchase, preserve, rehabilitate or restore such building;
b.The owner has made continuing bona fida and reasonable efforts to locate a purchaser to
preserve, rehabilitate and restore the subject building and that such efforts have been
unsuccessful;
c.the building, structure, or setting proposed to replace those demolished;
Alterations necessary for conditions of hardship, as contemplated in § 78-5D(3); and
All such other standards, factors, and matters contained in the regulations and guidelines for the
NCD.
In making its determination, the NCD Commission shall, among other things, allow for
appropriate architectural diversity and encourage the compatible updating, expansion and
renovation of buildings and structures in the NCD consistent with the distinctive characteristics of
the NCD.
7. DEMOLITION BY NEGLECT
A.If the Turning Mill NCD Commission has reason to believe, through visual inspection or other
means, that a Building or Structure in the NCD may be undergoing Demolition by Neglect, then
the NCD Commission shall notify the Building Commissioner and the Property Owner, and the
NCD Commission and the Building Commissioner shall jointly hold a public hearing to
determine whether it is undergoing Demolition by Neglect, which shall require the concurrence
of the Building Commissioner. In furtherance of determining its condition, the NCD
Commission may, at any time, request an inspection of the Building or Structure by the Building
Commissioner.
B.If the NCD Commission and the Building Commissioner both determine that the Building or
Structure is undergoing Demolition by Neglect, the NCD Commission and the Building
Commissioner shall attempt to negotiate a voluntary agreement with the Property Owner for
appropriate and timely repairs sufficient to structurally stabilize the Building or Structure and/or
prevent further deterioration.
C.In the event that the NCD Commission and the Building Commissioner both determine that they
are not able to negotiate such an agreement with the Property Owner, for any reason, or that the
Property Owner has agreed to undertake but has failed to satisfactorily complete such repairs in a
timely manner, then the NCD Commission and the Building Commissioner may take such action
43
as is permitted under Section 9, including seeking a court order that specific repairs be
undertaken to secure the Building or Structure against the elements, vandals and vermin, to halt
further deterioration, and to stabilize it structurally. The NCD Commission may forbear from
commencing an action in court for any reason.
D.Upon completion of all repairs that have been agreed upon between the Property Owner and the
NCD Commission and the Building Commissioner or that have been ordered by the NCD
Commission and the Building Commissioner, or that have been ordered by the court, and upon
certification by the Building Commissioner that said repairs have been completed, the NCD
Commission shall certify that the Building or Structure is no longer undergoing Demolition by
Neglect.
8. REVISION OF REGULATIONS AND GUIDELINES
The NCD Commission shall meet periodically with the Property Owners in the NCD for the purpose
of determining whether the NDC Regulations and Guidelines are still appropriate. The first of these
meetings shall occur three years from the date of the District’s designation as an NCD, and shall occur at
no less than seven year intervals thereafter.
9. JUDICIAL REVIEW, ENFORCEMENT AND LAPSE
A.The Building Commissioner shall be charged with the enforcement of this Bylaw. The Building
Commissioner is authorized to institute any and all proceedings in law or equity as he deems
necessary and appropriate to obtain compliance with the requirements of this by law, or to
prevent violation thereof.
B.Anyone found in violation may be fined not more than $300 for each day such violation
continues, each day constituting a separate offense. In addition, no building permit shall be
issued with respect to any premises upon which a Building or Structure subject to the provisions
of this bylaw has been voluntarily altered or demolished in violation of this bylaw for a period of
two years after the date of the completion of such demolition or Alteration or the date by which
the Historical Commission and the Building Commissioner both have determined that a building
is undergoing demolition by neglect, whichever date is later, except pursuant to the issuance of a
building permit pursuant to an agreement reached under Section 5(e), or as otherwise agreed to
by the Historical Commission and the Building Commissioner. As used herein "premises"
includes the parcel of land upon which the demolished Building or Structure was or is located.
44
C.Any party aggrieved by a determination of the NCD Commission may, within 45 days after the
filing of the notice of such determination with the Building Commissioner file a written request
with the NCD Commission for a review by a joint meeting with at least three members each of
the Historical Commission and Planning Board. The findings of this joint meeting, which may
sustain or overrule the prior decision of the NCD Commission, shall be filed with the Building
Commissioner within 45 days after the close of the public hearing, and shall be binding on the
applicant and the joint committee, unless a further appeal is sought in the Superior Court of
Middlesex County.
D.Certificates of Compatibility and Certificates of Hardship shall expire 18 months, plus such time
as may be required to pursue or await the determination of a judicial review as provided above,
from their date of issuance, if construction has not begun by such date. Notwithstanding the
above, the NCD Commission may grant one or more extensions, of up to six months each, if
there are unavoidable delays.
10. EXISTING BYLAWS NOT REPEALED
Nothing contained in this bylaw shall be construed as repealing or modifying any existing bylaw or
regulation of the Town, but it shall be in addition thereto. If this bylaw imposes greater restrictions upon
the Construction and/or Alteration, of Buildings, Structures or Settings than other bylaws or provisions
of law, such greater restrictions shall prevail.
45
May 20, 2015:
Planning Board holds first “Listening Session” for the public to voice their concerns
about residential planning policy in Lexington, Neighborhood Conservation Districts are mentioned as a
possible preservation tool for the town to explore.
June 6, 2015:
The Residential Policy Committee (RPC), a sub-committee of the Planning Board, is
formed to examine the feedback from the public and prioritize possible zoning policy initiatives to
pursue at Annual Town Meeting 2016. During the RPC process, the enabling Neighborhood
Conservation District bylaw was prioritized. The recommendation was brought to the Planning Board.
September 12, 2015:
Turning Mill neighbors set-up a bulletin board at the annual Pancake Palooza
to solicit feedback from neighbors regarding what qualities make it special or unique place to live.
January/February 2016:
The neighbors organized a series of coffees to begin discussions regarding
the possibility for the Turning Mill neighborhood to consider forming an NCD. These coffees are held:
January 8, January 24, January 25 (2 meetings), January 28 and February 7.
March 23, 2016:
ATM 2016 voted to approve the enabling NCD bylaw (now Chapter 78:
Neighborhood Conservation Districts)
May 1, 2016:
Turning Mill neighbors with representation from the Lexington Historical
Commission held a structured “post-it” session to brainstorm and identify the top qualities of the
neighborhood an NCD should be designed to preserve.
May 15, 2016:
Turning Mill neighbors distributed a flyer to all neighbors documenting the results
of the May 1 meeting, including a list of the top characteristics of the neighborhood to be preserved as
well as the next steps in the NCD process.
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June 15, 2016:
Turning Mill neighbors submitted 14 signatures with a petition to the Historical
Commission for their consideration of the Turning Mill neighborhood to begin the NCD process. They
accepted the petition and agreed to hold the public hearing.
July 20, 2016:
Public Hearing for all Turning Mill neighbors. Historical Commission heard
comments from the public and voted to proceed with the formation of a Study Committee.
November 2016:
Town Manager formally appointed the Turning Mill NCD Study Committee. The
commission convened its first public meeting on November 15, 2016 and held a series of meetings to
conduct a study of whether a Turning Mill NCD would be appropriate.
April 4, 2017
: The NCD Study Committee voted to accept the Draft study report for distribution and
comment.
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Petition for Designation of a Turning Mill Neighborhood Conservation District (NCD)
1.Description of cohesiveness of the NCD Area in terms of scale, size, type of construction,
materials or scale or age of building in the NCD Area or its land use patterns and landscaping
that make it appropriate for this designation.
The preliminary area of the proposed NCD area is cohesive because of many characteristics,
including its woodland setting and feeling, mid-century modern architectural style, the modest size and
height of the homes (referred to as “responsible homes”) and its land use patterns and house placements
with respect to maintaining privacy. The majority of the homes were built between 1958 and 1968 using
similar design and building material choices.
The Turning Mill neighborhood is significant to the architectural history of Lexington. It was part of
the mid-century modernist movement and it is one of the nation’s large concentrations of Mid-century
modern homes with approximately 150 dwellings.
2.General outline of the scope of the Regulations and Guidelines that would be proposed for the
NCD
“A gentle set of NCD rules and/or guidelines” was a guiding principle when communicating the
need for a Turning Mill NCD. As we are in the middle of an active reconstruction cycle throughout
Lexington, it is clear that our neighborhood’s history and character need protection. The rush of
reconstruction could mean the loss of the vast majority of our mid-century homes and the destruction of
the environmental aspects of our neighborhood character. The goal is not to over-burden neighbors with
complicated rules, but to protect, overall, our neighborhood’s unique cohesiveness which has developed
organically over the past 60 years.
Guiding Principles for the Turning Mill NCD
Know the characteristics that make our neighborhood special and incorporate them into the design of
additions and alterations. This includes architectural style and character; the existing grade of the lot;
the sizing/massing of both old and new structures; the location and setback of homes to maintain the
sightlines of the street
Replace trees that are removed with native trees in a location deemed suitable by the homeowner to
conserve the woodland setting and feeling of the neighborhood. See www.turningmill.org for ideas.
Providenatural screening between properties and between dwellings and the street. A lot of fencing
has never been part of our neighborhood. However, when fencing is desired, wooden or natural
materials should be used.
Carefully consider the wildlife and their habitats. Most everything we remove serves a purpose for
them. They are sharing their space with us and not the other way around.
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Use pervious surfaces when possible. Consult with the neighborhood website (www.turningmill.org)
regarding window replacement information and energy efficiency ideas
Keeping the same exterior elements will go a long way toward keeping our neighborhood look and
feel. Windows, doors and siding can completely change a home’s appearance. See the neighborhood
website (www.turningmill.org) for several examples. You can see how it will look before you
commit and spend.
There are many recent examples of reconstruction in Lexington that leave the next door neighbor
with a view of a house wall instead of the sky and trees. In our neighborhood this will not happen if
the original house location is honored.
Changes exempt from review
- Temporary Structures.
- Interior Alterations.
- Storm windows, storm doors and screens.
- Colors.
- Accessory Structures of less than 120 square feet of floor area and less than 15 feet in height.
- Skylights and solar panels.
- Exterior features of a Building or Structure and its Setting not visible from a public way or other
area open to public access.
- The ordinary maintenance, repair or replacement in kind of Exterior Architectural Features and/or
changes made to meet the requirements deemed necessary by the Building Inspector for public safety
because of an unsafe or dangerous condition.
- Handicapped-accessible ramps.
- Replacement of window(s) similar in size, style and material. Please see the neighborhood website
for examples (www.turningmill.org).
- Similar or in kind replacement of plant material.
- Replacement of siding materials and trim with similar dimension, orientation and material.
Changes subject to Review
All Construction, Alteration, or Demolition.
- Construction ofa new Building or Structure.
- Demolition ofan existing Building or Structure.
- Alteration or Construction ofan Addition to an existing Building or Structure which requires a
building permit and that is more than 900 SF of above ground living area.
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- Alteration of the existing landscape by removal of significant shrubbery over 5 feet in height or
trees over 8” in diameter except trees over 35 feet in height that are closer than 25 feet from the house,
garage or carport. A suggestion would be to replace a removed tree with a native tree in a location
deemed appropriate by the homeowner.
- Cut or fill of 3 feet or more
- Addition of asphalt paving or impervious surface
- Exterior lighting that shines on adjacent properties
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Specific Considerations for New House Construction:
Review of the design of a new Building or Structure or addition to an existing Building or Structure
shall be made with regard to the general compatibility of the building with its surroundings, and the
following elements of the proposal shall be among those considered:
1. Site layout. Placement of a proposed new house to maintain privacy, minimize impact on wildlife
and trees and preserve sightlines from the street. By honoring the location of the original house, this can
be achieved.
2. Volume and dimensions of the Building or Structure. In an effort to maintain compatible house
sizes, encourage houses no greater than 4500 SF of above ground living area.
3. Provision for open space and landscaping.
4. The scale and massing of the Building or Structure in relation to its surroundings and to the
immediate neighbors.
5. Provisions for driveways and parking.
6. The effect on the water table or subsoil conditions of adjacent properties.
7. Ours is a wet neighborhood so we must consider increased water runoff to nearby properties.
Specific Considerations for Alteration or Addition to Existing House
- The architectural or historical significance of the Building or Structure to be altered: The extent to
which the integrity of the original design or style has been retained or previously diminished.
- The potential adverse effect of the Alteration of, or proposed addition to the existing Building or
Structure on the neighboring properties, the immediate streetscape and on the District as a whole
Specific Considerations for Demolition
- The architectural or historical significance of the Building or Structure of which any portion is to
be demolished.
- The physical condition of the Building or Structure and its subsoil conditions, if applicable. We
acknowledge that some houses may have to come down.
- The design of any replacement Building(s) or Structure(s) in relation to the neighborhood
characteristics defined to be preserved with the creation of the neighborhood conservation district.
53
54
Data as of May 9, 2017.
55
56
57
58
59
60
61
62
63
64
65
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The National Register (NR) nomination for “Mid-Century Modern Houses of Lexington” provides a
thorough overview of design sources that define the distinct characteristic of the town’s historic post-
World War II modernist residences. The following design characteristics, excerpted from the NR
nomination form, are present in the Turning Mill NCD Area and provide additional insight into the
NCD’s distinctive character.
Freedom in form and plan. By setting aside preconceived ideas of architecture, Modernism
created a clean slate, which in practice usually translated into a single rectangular prism or a
group of related rectangular prisms. Modernists were not opposed to curved shapes, but
concern for keeping the cost reasonable (see below), as well as a preference for simplicity,
typically resulted in the boxy shape that was praised or condemned, depending upon one's
aesthetic outlook.
A lack of decorative detail, especially details that referred to earlier architectural styles.
Modernists rejected the ornamentation of past architecture, but at the same time, they did not
accept the idea that Modernist buildings were necessarily plain, dull, and all the same.
Instead, they believed that elements such as cantilevered spaces overhanging basement
levels, wood and brick screens, exposed roof beams and other structural elements, skylights,
and projecting shelters over doorways made up a palette of functionally justifiable elements
with which, along with a judicious use of color, architects could create a wide variety of
designs.
An overall horizontality created by flat or shallow-pitched shed or gable roofs; even
Modernist houses of two or three levels generally appear horizontal when they are set into
slopes. Horizontality is not in itself intrinsic to Modernist architecture; otherwise, skyscraper
office buildings and high-rise apartment complexes would be impossible. But in the case of
the single-family house, the needs of the family could almost always be met on one or two
levels. In the Modernist sensibility, having bedrooms in a secondary wing was a much more
direct solution than shoehorning them into an upper-level space formed by a steeply pitched
roof, so roof pitches were kept to the minimum imposed by climatic conditions. The increase
in horizontality created by wide overhangs of the roof also had a functional aspect: the
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overhangs protected the siding below from weather, and in summer, shaded the house from
some of the sun's rays.
Use of bands of windows or entire glass walls, rather than individual windows. In earlier
styles of architecture, the arrangement of windows could create symmetry for the façade or
delineate the various levels of the house, and windows frequently were one of the main
locations for added ornamentation. None of this was of interest to the Modernists. Instead,
the location and extent of glass was determined by the needs of the spaces within or by the
desire to connect the inside with the outside.
Interior plans that are open and informal. The young families for whom Modernist houses
were designed were perceived to be more interested in space that could serve a variety of
functions (family meals, evening relaxation, children's play, entertainment of friends) rather
than having separate rooms for each activity. Consequently, the houses almost always had a
large combined living room and dining space, many times with the kitchen and/or entry hall
only partially partitioned off. A fireplace was regarded as a highly desirable amenity for any
American home, and the Modernists, almost without exception, provided some sort of
fireplace or hearth that would serve as the center of the family's living space.
A close union between the interior and the exterior. Large glass walls giving onto terraces or
decks broke down the distinction between outside and inside activity areas. The outside was
easily accessible for play, recreation, or outside meals, and the glass allowed the occupants to
experience the scenic qualities of the setting at all times of the year.
A preference for natural materials, particularly stained wood siding and rough stone masonry.
Unlike the Modernist houses of the 1930s, in which concrete, stucco, or white-painted wood
exteriors and industrial fixtures like tube railings were in vogue, postwar Modernist houses in
the United States were much more likely to relate to their rural, wooded settings by
incorporating natural materials. In addressing American culture's longstanding Arcadian
thread, postwar Modernists created an architecture that went well beyond its European roots,
a development that probably made Modernism attractive to a much wider group of American
home buyers.
Careful attention to siting. Postwar Modernist houses in the United States usually were sited
so as to take advantage of specific topological or scenic conditions. As a result, Modernist
houses rarely duplicate the setback and orientation of their neighbors, and Modernist
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developments avoided a grid or other regular spacing of houses. A concern for a house's
setting, a preference for wooded settings and informal landscaping, the low roofline and
overall horizontal form of most Modernist houses, and the incorporation of natural materials
all recall the "organic architecture" principles of Frank Lloyd Wright. Wright himself did not
like to be associated with the Modernist movement, but his own work from the 1930s and
1940s, as well as his later writings on architecture, suggest that Wright was one of the
influences on postwar Modernists that led to a softening of the stark appearance associated
with the Bauhaus.
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DATE: X/XX/20XX
INSERT FINAL LIST OF WHAT IS REVIEWABLE BY THE NCD COMMISSION AND NCD
FINAL BOUNDARY MAP
I,an undersigned owner of \[property address\], understand that my property is included within the
boundaries of the Turning Mill Neighborhood Conservation District (NCD) Study Area.
I understand that the recommended Turning Mill Neighborhood Conservation District is planned to
be governed according to a Bylaw that Town Meeting may accept at the Spring 2018 Lexington Town
Meeting. I further understand that the text of the proposed bylaw is on the Planning Board website at
www.lexingtonma.gov/planning-board.
By signing below, I am choosing to OPT OUT my property at \[property address\] from Town
Meeting approved Turning Mill Neighborhood Conservation District.
Property Owner Signature
_________________________________
Property Owner Name Printed
_________________________________
Property Owner Address
_________________________________
Date of Signature
This letter must be completed, signed and delivered to:
Planning Office, Town Office Building
1625 Massachusetts Avenue
Lexington, MA 02420
By \[specific date\] to be valid.
Richard Canale, Chair
Lexington Planning Board
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C175C
HAPTER OF THE ODE
TL
OF THE OWN OF EXINGTON
PB
LANNING OARD
SR
UBDIVISION EGULATIONS
Revised through August 25, 2017
Chapter 175, Planning Board Subdivision Regulations Table of Contents
CHAPTER 175 OF THE CODE ............................................................................................ I
OF THE TOWN OF LEXINGTON ....................................................................................... I
§ 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.Complying Plans Must be Approved. ...................................................................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 Office. ................................5
B.Pre-Application Conference..................................................................................5
C.Applications Submitted Through Planning Office. ..............................................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
i
Table of Contents
F.Fee Schedule. ........................................................................................................7
3.5.Waivers ....................................................................................................................... 10
A.Waiver of Specific Rules and Regulations. ........................................................10
B.Application for a Waiver. ...................................................................................10
C.Effect of Not Requesting or Granting a Waiver. ................................................10
D.Decision on Request for a Waiver. .....................................................................10
§ 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.Required Information. .........................................................................................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. ........................................................................14
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 of Copies. ..............................................................................................17
B.Information Required. .........................................................................................17
5.4.Decision ...................................................................................................................... 17
A.Scope of Decision. ..............................................................................................17
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.Required Plans. ...................................................................................................19
ii
Table of Contents
D.Information Required. .........................................................................................22
6.2.Decision ...................................................................................................................... 23
A.Scope of Decision. ..............................................................................................23
B.Approval Criteria. ...............................................................................................23
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. ......................................................24
D.Perpetual Rights and Easements. ........................................................................24
E.Post-Construction Responsibilities of Owners. ..................................................25
6.4.Recording of Definitive Plans ..................................................................................... 25
A.Plan. ....................................................................................................................25
B.Certificate of Action. ..........................................................................................25
C.Supplemental Covenant. .....................................................................................25
6.5.Security ....................................................................................................................... 25
A.Security for Construction of Ways and Improvements Required. ......................25
B.Bond or Surety. ...................................................................................................25
C.Construction Mortgage Agreement. ....................................................................26
D.Statutory Covenant..............................................................................................27
E.Converting Covenant to another Performance Guarantee. .................................27
F.Converting Bond, Deposit, or Agreement to Covenant. .....................................27
6.6.Release of Security ..................................................................................................... 28
A.General. ...............................................................................................................28
B.Refusal. ...............................................................................................................28
C.Constructive Release. ..........................................................................................28
D.As-Built Plans. ....................................................................................................29
6.7.Amendment, Modification, or Rescission .................................................................. 29
A.General. ...............................................................................................................29
B.Procedure. ...........................................................................................................29
C.Effect. ..................................................................................................................29
§ 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. ..................................................................32
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.Street Construction..............................................................................................39
iii
Table of Contents
7.3.SIDEWalks and paths ................................................................................................. 39
A.Sidewalks. ...........................................................................................................39
B.Footpaths and Trails. ...........................................................................................40
C.Bicycle Path or Recreational Path.......................................................................41
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.Stormwater Management ............................................................................................ 41
A.Objectives. ..........................................................................................................41
B.Drainage Easements. ...........................................................................................42
C.Standards for Stormwater Management. .............................................................42
7.6.Trees and landscaping ................................................................................................. 42
A.Objectives and Applicability. ..............................................................................42
B.Street Trees. ........................................................................................................42
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.Plan Notation. .....................................................................................................43
C.Action by Town within Three Years. .................................................................43
§ 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
iv
§ 175-1.0. AUTHORITY AND PURPOSE
§ 175-1.0AUTHORITY AND PURPOSE
1.1.AUTHORITY; TITLE
A.Authority. As authorized by MGL c. 41, ss. 81K through 81GG, 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.Complying Plans Must be Approved. 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 47
§ 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
§ 175-2.0DEFINITIONS
In the interpretation of these Regulations, 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, or when authorized, the
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
Association of State Highway and Transportation Officials (AASHTO) A Policy on
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 amendment, addition, or substitution of them.
UTILITIES:
Services, including sanitary sewers, stormwater 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, s. 40, as may be amended.
Buffer areas are excluded from this definition.
Page 3 of 47
§ 175-2.0. DEFINITIONS
ZONING BYLAW:
The Zoning By-law of the Town of Lexington.
Page 4 of 47
§ 175-3.0. GENERAL REGULATIONS
§ 175-3.0GENERAL REGULATIONS
3.1.APPLICABILITY
The rules and regulations outlined in this Section apply to all Applications under these
Regulations.
3.2.OWNERSHIP
A.Consent of Owners Required for All Applications. The applicant must state the nature of
its interest in the property and all owners must sign any application. Where an owner is
not a natural person, documents must be submitted indicating who has the authority to
enter into an agreement on its behalf.
B.Rights of Others in Land Shown on Plan. The Board's approval of a plan does not affect
any rights others may have in or on 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 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.
B.Pre-Application Conference. The Planning Office 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 Office. Requests for action on development
activities must first be submitted to the Planning Office 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 Office; 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 47
§ 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 1988 (NAVD88) 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 at a public meeting of the Board for which public
notice has been given under G.L. c. 30A, §§ 18-25.
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)
inspection of plans submitted in compliance with these Regulations 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 of 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.Expense 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 Town with 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 Office 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 to ensure 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 Office for deposit into a 53G Account.
\[1\]Outside consultants retained by the Board to assist in the review of an
application must be paid from this account.
\[2\]The Board must provide the following information in a timely fashion on
request of the applicant:
\[a\]A statement of principal and interest based on information from the
Town Accountant;
\[b\]A report of all checks authorized for issuance; and
\[c\]An estimate of bills pending from consultants for work completed, or
in progress, but not invoiced.
\[3\]Remaining funds in the 53G Account, including accumulated interest,
must be returned to the applicant or the applicant's successor in interest,
at the conclusion of the review process, as defined below. For the
purpose of this section, any person or entity claiming to be an applicant's
successor in interest must provide the Board with documentation
establishing such succession in interest.
\[a\]With the approval or disapproval of a Preliminary Subdivision Plan.
\[b\]With the disapproval of a Definitive Subdivision Plan.
\[c\]With the release of the performance bond at the end of construction of
an approved Definitive Subdivision Plan.
(g)Appeal. The choice of a consultant by the Board for the review of an
application may be 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 by
(3)
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 consistent 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 consistent 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.Decision 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
(b)Include specific reasons for its action in the decision approving the
subdivision plan.
Page 10 of 47
§ 175-3.0. GENERAL REGULATIONS, 3.5 3.5
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
§ 175-4.0APPROVAL 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 must include:
One original Mylar copy, with signature block;
(1)
Three large (24 inches by 36 inches) format black line copy; and
(2)
B.Required Information. 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.
An electronic copy of the application material in both PDF and CAD format.
(4)
C.Information on Plan. Approval Not Required Plans plan must have 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 visual scale and a North arrow, the direction of which must be the same for all
(4)
sheets;
The date of original preparation and the date of each of any later revisions, with the
(5)
revisions noted;
Space for endorsement by the Board, with room for the signature of each member,
(6)
and the date of the endorsement below the signatures;
A legend denoting any signs and symbols used on the plan and not otherwise
(7)
explained.
The names of the owners of all abutting lots and parcels as they appear on the most
(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);
(9)
All existing and proposed property lines, lot frontages, lot areas, and easements that
(10)
may affect access to a lot. Each lot must show both the street address and street
number if assigned, as shown on the Assessors' property maps. Proposed lots must
be numbered and parcels be lettered for identification;
Page 13 of 47
§ 175-4.0. APPROVAL NOT REQUIRED PLANS, 4.3 4.4
The name of the street providing frontage and access to the lots; the width of the
(11)
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 a
(12)
public way, a way shown on an approved subdivision plan and 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
(13)
differentiated as to whether existing or proposed;
The words "Planning Board approval under Subdivision Control Law not required"
(14)
must appear above the space for the signatures; a line for the date of the Board's
action and the words "The endorsement above is not a determination by the
Planning Board as to compliance with the Zoning Bylaw" must appear below the
space for the signatures.
4.3.REVIEW AND DECISION PROCESS
A.Action on Application by Planning Board. Within 21 days of receipt of a complete
application, and without holding a public hearing, the Board must determine whether the
plan requires approval under the Subdivision Control Law.
B.Action on Application by Planning Director. If the Board does not meet within 21 days
of receipt of a plan which an applicant believes does not require approval, because no
Board meeting is scheduled, or if a scheduled meeting is canceled or postponed due to
lack of a quorum or weather conditions, the Planning Director is authorized to act for the
Board and must note the authorization on the plan. He or she must first:
Review the plan with the Chairman or, in his or her absence, the Vice Chairman of
(1)
the Board;
Determine whether the plan constitutes a subdivision as defined by MGL c. 41, s.
(2)
81L; and
Either endorse the plan or not endorse the plan, in which case he or she must notify
(3)
the applicant and the Town Clerk of the reasons for not endorsing the plan.
4.4.ENDORSEMENT
A.Endorsement. If the Board determines that the plan does not require approval, the
majority of the members must endorse the plan with their signatures. If the Board is not
able to sign the plan at that time, the Board may authorize the Planning Director to sign
the plan and such authorization must be noted on the plan. If the Board endorses a plan
not requiring subdivision approval, it may add notes indicating why approval is not
required.
B.Endorsement 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.
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
Page 14 of 47
§ 175-4.0. APPROVAL NOT REQUIRED PLANS, 4.5 4.5
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 Office 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 on 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
§ 175-5.0PRELIMINARY 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 is also proposed to be subdivided, a sketch plan, as defined in the B
Development Regulations, may be submitted in lieu of a preliminary plan.
5.3.SUBMISSION
A.Number of Copies. The submitted application shall include:
Three original, copy-ready application packets (including any drainage and
(1)
stormwater management plans);
One stand-alone copy of the drainage and stormwater management plans;
(2)
Four large (24 inches by 36 inches) format sets of plans; and
(3)
An electronic copy of the application material in both PDF and CAD format.
(4)
B.Information Required. Each sheet of the plan must have the following general
information:
The subdivision name, boundaries, north point, date, scale, legend, and title
(1)
The names of the record owner and the applicant and the name of the designer,
(2)
engineer or surveyor;
The names of all abutters, as determined from the most recent local tax list;
(3)
The existing and proposed lines of streets, ways, easements and any public areas
(4)
within the subdivision in a general manner;
The proposed system of drainage, including adjacent existing natural waterways, in
(5)
a general manner;
The approximate boundary lines of proposed lots, with approximate areas and
(6)
dimensions;
The names, approximate location and widths of adjacent streets;
(7)
The topography of the land in a general manner; and
(8)
When applicable, a written list of all waivers, citing specific provisions of these
(9)
Regulations that are being requested.
5.4.DECISION
A.Scope of Decision. Within 45 days after the proper submittal to the Board and to the
Board of Health of a preliminary subdivision plan, the Board must approve the
preliminary subdivision plan, with or without waivers and conditions, or disapprove the
plan, stating the reasons for the disapproval. The Board may include recommendations
for features that should be included in a definitive subdivision plan.
Page 17 of 47
§ 175-5.0. PRELIMINARY SUBDIVISION PLANS, 5.4 5.4
B.Approval Criteria. The standards for approval of a definitive subdivision plan will be the
basis for the decision on a preliminary subdivision plan to the extent permitted by the
information submitted as part of a preliminary subdivision plan.
C.Relationship to Definitive Plan.
Approval of a preliminary subdivision plan does not constitute approval of a
(1)
subdivision or guarantee that the Board will approve a definitive subdivision plan.
The Registry of Deeds is not permitted to record a preliminary subdivision plan.
Disapproval of a preliminary subdivision plan does not prevent the submission of a
(2)
definitive subdivision plan. If a definitive plan complies with the Subdivision
Regulations, the Board must approve it.
Page 18 of 47
§ 175-6.0. DEFINITIVE SUBDIVISION PLANS
§ 175-6.0DEFINITIVE SUBDIVISION PLANS
6.1.SUBMISSION
A.Coordination by 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 package must include:
Three original, copy-ready application packets (including any drainage and
(1)
stormwater management plans);
One stand-alone copy of the drainage and stormwater management plans;
(2)
Four large (24 inches by 36 inches) format sets of plans; and
(3)
An electronic copy of the application material in both PDF and CAD format.
(4)
C.Required Plans. 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 depicts all land within 500 feet of any part of the tract that
(1)
is the subject of the application, 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. A site analysis map, prepared by a landscape architect, shows:
(2)
(a)Existing contours at two-foot intervals;
(b)Steep slopes, distinguished as follows:
\[1\]Slopes greater than 15% but less than 25%;
\[2\]Slopes greater than 25% but less than 40%; and
\[3\]Slopes greater than 40%;
(c)Mature trees, distinguishing deciduous from evergreen, and differentiating
between them by size as follows:
\[1\]Trees with a diameter at breast height (DBH) between 6 and 12 inches
\[2\]Trees with DBH between 12 inches and 18 inches;
\[3\]Trees with a DBH between 18 inches and 30 inches; and
\[4\]Trees with a DBH greater than 30 inches;
\[5\]A note containing the number and total DBH of all trees with a DBH
greater than 6 inches;
(d)Location and results of any soil, percolation and water table tests;
(e)Areas within the tract subject to easements, rights-of-way, or similar deed
restrictions;
Page 19 of 47
§ 175-6.0. DEFINITIVE SUBDIVISION PLANS, 6.1 6.1
(f)If applicable, a wetlands delineation, prepared by a professional wetlands
specialist, identifying:
\[1\]The wetland boundaries,
\[2\]The buffer boundary,
\[3\]The buffer boundary, and
\[4\];
(g)Habitats of rare and endangered species;
(h)Fences, stone walls, trails and rock outcroppings;
(i)Existing vegetation, including open fields, and unique specimens of
vegetation; and
(j)Areas of visual impact, including viewscapes into and out from the site.
(k)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. A plan prepared by a landscape architect and a civil
(4)
engineer, 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;
(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
Page 20 of 47
§ 175-6.0. DEFINITIVE SUBDIVISION PLANS, 6.1 6.1
(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
(5)
shown 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 sidelines 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. A plan prepared by a civil engineer, showing:
(6)
(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. A plan prepared by a landscape architect, showing:
(7)
Page 21 of 47
§ 175-6.0. DEFINITIVE SUBDIVISION PLANS, 6.1 6.1
(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
(1)
a civil engineer, documenting compliance with §175-7.5, Stormwater Management,
of these Regulations;
Soil Surveys, Test Pits, and Test Borings. Test pits and test borings prepared by a
(2)
civil engineer, taken at one-hundred-foot intervals at the proposed station points as
described in the street layout and profile plans and at the proposed location of any
infiltration structures, or at such other points as the Town Engineer may request;
Deeds or Easements. Drafts of any deed, easement, covenant, or restriction offered
(3)
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)
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 to existing ways;
Easements. Draft language for both proposed permanent and temporary easements;
(10)
Page 22 of 47
§ 175-6.0. DEFINITIVE SUBDIVISION PLANS, 6.2 6.2
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 Office;
(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.Scope of 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;
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 sent to the Board.
Page 23 of 47
§ 175-6.0. DEFINITIVE SUBDIVISION PLANS, 6.3 6.3
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.Appeal of 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 stormwater
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
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
Page 24 of 47
§ 175-6.0. DEFINITIVE SUBDIVISION PLANS, 6.4 6.5
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 the Board.
6.5.SECURITY
A.Security for Construction of Ways and Improvements Required. The Board must not
endorse its approval on the plans until security for the construction of ways and the
installation of the required municipal services and other improvements to serve the
subdivision has been provided. One of the methods in this section must be selected but
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
Page 25 of 47
§ 175-6.0. DEFINITIVE SUBDIVISION PLANS, 6.5 6.5
and contingencies, of constructing the ways and installing the municipal services or
utilities to serve the lots enumerated in such bond or in a separate agreement referring to
such bond. Such bond or security if filed or deposited must be approved as to form by
the Board Legal Counsel and as to sureties by the Town Treasurer. Such bond or
security must be contingent on the completion of such improvements no 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 a vote of the Board and
returned to the applicant. Upon failure to satisfactorily complete the work within the
time specified, or within such further time as the Board may grant, the Board must have
the right to enforce said bond or realize upon other security to the extent necessary to
complete the work to the satisfaction of the Board. In accordance with MGL c. 41 s.
81U, the Board may expend the proceeds of such bond or deposit not exceeding $25,000
without specific appropriation by the Town, provided the Board of Selectmen approves
the expenditure. At the anniversary date of posting of a bond or other security and when
circumstances otherwise call 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.
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
Page 26 of 47
§ 175-6.0. DEFINITIVE SUBDIVISION PLANS, 6.5 6.5
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. .
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 before recordation in the Registry of Deeds. After recording, the
applicant must promptly send a copy of the covenant to the Board, showing the book and
page number.
E.Converting Covenant to 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
of the new performance guarantee, all applicable lots must be released from the
covenant.
F.Converting Bond, Deposit, or Agreement to Covenant. If the applicant desires to secure
by means of a covenant the construction of ways and the installation of municipal
services in a portion of a subdivision for which no building permits have been granted
nor any lots have been sold, and to have the Board release the bond, deposit of money or
Page 27 of 47
§ 175-6.0. DEFINITIVE SUBDIVISION PLANS, 6.6 6.6
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 in
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, a written 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 in
these Regulations.
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.
Page 28 of 47
§ 175-6.0. DEFINITIVE SUBDIVISION PLANS, 6.7 6.7
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 may be required by the Planning Office
or Town Engineer. 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, typically at a scale of 1"=40', in a form approved by the Town
(1)
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, typically at a scale of 1"=40', detailing street locations, house
(2)
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
§ 175-7.0REQUIRED IMPROVEMENTS AND DESIGN STANDARDS
7.1.SITE DESIGN
A.Site Design Objectives.
Design Objectives. Proposed developments must be located to preserve and
(1)
enhance 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
(2)
of 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
(1)
frontage, area, shape, and access requirements of the Zoning Bylaw.
Relationship of Lot to Street. Every lot must have adequate access for pedestrians,
(2)
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)Utility easements, 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 stormwater storage facility, the Board may require an
easement of adequate width to conform substantially to the lines of the feature
Page 31 of 47
§ 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS, 7.1 7.1
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 the 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 to cross 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 is 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 embedded in the ground
so that they are not easily removed or shifted from the point they mark.
C.General Construction Requirements.
Construction Specifications. If the subdivision plan proposes construction for
(1)
which standards or specifications are not given by these Regulations, the Board's
Page 32 of 47
§ 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS, 7.2 7.2
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
(2)
install 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
(4)
and all regulations adopted under it.
7.2.STREETS AND RIGHTS-OF-WAY
A.Complete Streets Design Objectives. All subdivision street plans and designs must
provide appropriate accommodations for all transportation system users including
pedestrians, cyclists, transit users, and motorists. Complete streets are designed and
operated to enable safe access for users of all ages and abilities. Street designs should be
developed in a context sensitive manner in which consideration is given to the
surrounding physical environment, land uses, as well as the location of existing and other
planned infrastructure to support a multi-mode transportation network.
General Objectives. The subdivision street system must be designed to:
(1)
(a)Permit the safe, efficient and orderly movement of motor vehicles,
pedestrians, and bicycles;
(b)Meet, but not exceed, the needs of the present and projected future population
to be served;
(c)Offer easy and prompt access by emergency vehicles, such as fire, police and
ambulance vehicles, and to permit effective delivery of Town services, such
as snow removal, school bus, and refuse removal services;
(d)Contribute to a safe and efficient Town-wide system of movement of motor
vehicles, pedestrians, and bicycles;
(e)Promote connections for pedestrians, bicycles, and motor vehicles between
adjacent neighborhoods and more direct access to public facilities, such as
schools, recreation areas, and open space;
(f)Provide alternatives to the Town's few arterial streets to connect adjacent
neighborhoods;
(g)Promote public transportation and increased pedestrian and bicycle
accommodations in order to reduce vehicular congestion and environmental
pollution;
Page 33 of 47
§ 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS, 7.2 7.2
(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
capacity and user safety at affected intersections and street segments.
B.Layout and Alignment of the Street System.
Must Connect 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 these
Regulations; or
\[3\]One or more other streets in the subdivision.
In order to meet these requirements, the applicant may improve existing streets at
its own expense. The Board may not approve a subdivision plan that requires
improvement of a street if a competent legal opinion is presented that the applicant
does not have the necessary rights to make such improvements unless the Town
Counsel provides an opinion that any potential legal impediments to such
construction have been removed.
Streets Continuous. Where there is more than one street within a subdivision,
(2)
streets must be connected into one continuous system.
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.
Page 34 of 47
§ 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS, 7.2 7.2
(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 land adjoining the
(1)
subdivision can be developed, the subdivision plan must 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 street if 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.
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.
Page 35 of 47
§ 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS, 7.2 7.2
(b)Collectors: Collectors have a low to moderate degree of regional
connectivity, at a wide range of speeds, with a higher degree of local access
than arterials. Grant Street, Hill Street, and Lincoln Street are examples of
collectors.
(c)Local Streets: Local streets have a low to no degree of regional connectivity,
low speeds, and a high degree of local access.
(d)Minor Streets: Minor streets are a subset of local streets that serve, directly or
indirectly, less than 10 existing, proposed, or potential dwelling units. Minor
streets are typically, but not always, dead end streets.
Street Names. Street names must be different enough in sound and in spelling from
(3)
other street names in Lexington so as not to cause confusion. A street that is
planned as a continuation of an existing street must have the same name. The
extension of a street to connect to another street with a different name must have
the name of the longer street. The Board, after consultation with the
safety officials, determines the name of the street.
Street Name Signs. Street signs must be erected on two-inch inside diameter posts
(4)
at 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)The 2011 edition of A Policy on Geometric Design of Highways and Streets,
by The American Association of State Highway and Transportation Officials
(AASHTO);
(b)The specific guidance on
Complete Streets design standards found in the following publications:
\[1\]Project Development and Design Guide (2006);
\[2\]Healthy Transportation Policy Directive (P-13-0001, 2013);
\[3\]Engineering Directive E-14-006 (2014), and
\[4\]Separated Bike Lane Planning and Design Guide (2015).
(c)The many related resources referenced in the above, especially those aimed at
achieving flexibility around pedestrian and bicycle facilities,
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
Design Speed (MPH) 25 25
Page 36 of 47
§ 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS, 7.2 7.2
ROW CROSSSECTION ELEMENTS
Sidewalks (Number) 1 1
Width (feet) 5 5
Planting Strip
Min. Width (feet) 4 5
Shoulders
Width (feet) 1 2
Travel Lanes 2 2
Width (feet) 9 10
Min. Grade 1% 1%
Max. Grade 8% 8%
Max. Grade within 75' of Intersection 2% 2%
Other Design Elements/Criteria
Min. Overall ROW Width (feet) 40 50
Min. Intersection Rounding Radius (feet) 25 25
Collector and Arterial Design. Proposed subdivisions that require collector- or
(2)
arterial-scale right of ways should refer to the design resources listed in E.(1)
above.
Cross Slopes. The cross slopes of the travel lanes are 3/8ths of an inch per foot.
(3)
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 lane 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 of
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:
Page 37 of 47
§ 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS, 7.2 7.2
\[1\]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.
Centerline of Street. The centerline of the paved section of the street must follow
(8)
the centerline of the right-of-way.
Driveway Aprons. Driveway aprons must be constructed to serve each lot, graded
(9)
to 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, stormwater management, and
delineation and protection of the pavement edge and to prevent erosion.
Except where specified below, a continuous, low profile, "Cape Cod" style
berm of bituminous concrete must be provided as an integral part of each new
street
(b)Vertical granite curbing must be installed:
\[1\]At the back of catch basins that are at low points;
\[2\]On all sections of a street with a grade greater than 5%;
\[3\]At all corner roundings; and
\[4\]On all collector and arterial streets.
(c)The design, dimensions, and installation of all granite or bituminous curbing
must follow the Standard Specifications.
Slopes and Walls.
(11)
(a)Wherever the grade of the approved street differs from the grade of the
adjacent land or where otherwise necessary for public safety, in the area
beyond the sidewalk or landscaped planting strip, the developer must erect
retaining walls and guardrail fences or offer slopes no steeper than one foot
vertical to three feet horizontal in fill and one foot vertical to two feet
horizontal in cut to ensure proper protection and lateral support.
(b)No retaining wall may have a height above finished grade greater than five
feet. Where necessary, a series of retaining walls may be constructed in a
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.
Page 38 of 47
§ 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS, 7.3 7.3
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
above. The Policy describes in detail how to calculate stopping sight distances,
decision sight distances, passing sight distances, and horizontal and vertical profile.
F.Street Construction.
Construction Standards and Procedures. The following construction and
(1)
installation 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 Existing Streets. Whenever the construction of utilities, connection
(2)
to existing services, or facilities requires opening a street, 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
(b)Overlaying the cold-planed area with a one-and-one-half-inch finish course of
bituminous concrete.
7.3.SIDEWALKS 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
Page 39 of 47
§ 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS, 7.3 7.3
mature trees in the proposed right of way that is 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.
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.
Path Easements. Easements for footpaths or trails must be at least 10 feet wide.
(3)
Easements providing public access over these paths and trails are required.
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;
Page 40 of 47
§ 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS, 7.4 7.5
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.
Path Easements. Easements for footpaths or trails must be at least 10 feet wide.
(2)
Easements providing public access over these paths and trails are required.
Construction. A bicycle path or recreational path must be at least 10 feet wide and
(3)
constructed ons.
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.
7.5.STORMWATER MANAGEMENT
A.Objectives. Projects must be developed to maximize stormwater recharge within the site,
minimize direct overland runoff onto adjoining lots, streets, and watercourses, and ensure
Page 41 of 47
§ 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS, 7.6 7.6
that the Town can meet the requirements of its National Pollutant Discharge Elimination
System (NPDES) general permit.
B.Drainage Easements.
Where it is necessary to carry drainage across lots within the project, drainage
(1)
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 project
(2)
boundaries, appropriate drainage rights must be secured by the applicant and
referenced on the definitive plan.
C.Standards for Stormwater Management.
Construction requirements. All projects subject to this section must be designed to
(1)
comply with the requirements -detailed in Article
VI, Stormwater Regulations, of Chapter 181 of the Code of Lexington.
7.6.TREES AND LANDSCAPING
A.Objectives and Applicability.
Objectives. The Board determines that:
(1)
(a)Trees and other plant materials planted within or along the right-of-way as
part of a coordinated landscape plan improve the appearance and economic
value of a subdivision;
(b)A landscaped island in the center of a turnaround is better than a paved
surface covering the entire island;
(c)The owners of the lots that have frontage on the turnaround, individually and
collectively, should support the landscaping in such islands, and the owners of
other lots that have frontage on sections of the right-of-way within which
landscaping is planted should support that landscaping;
(d)Every effort must be made to preserve existing trees within the proposed
right-of-way as well as within individual lots shown on the subdivision.
B.Street Trees.
Location. Street trees must be planted, at the developer's expense, on each street
(1)
within the tract being subdivided. Trees should be planted within the right-of-
wayand spaced between 27 to 35 feet apart on center.
Characteristics. Proposed street trees must meet the following standards:
(2)
(a)Proposed street trees must be of the applicable USDA Zone hardiness,
licensed nursery stock with good root development and branching
characteristics with a one-year warranty.
(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
recommended tree species can be found in the Massachusetts Division of
Fisheries and Wildlife The Vascular Plants of Massachusetts: A
County Checklist.
Page 42 of 47
§ 175-7.0. REQUIRED IMPROVEMENTS AND DESIGN STANDARDS, 7.7 7.7
(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.Plan Notation. If the Board designates land for reservation for municipal purposes, a
notation must be made on the definitive subdivision plan concerning the area being
reserved and the requirement that no street, utilities, building, or other improvements
within the boundaries of the land being reserved may be made for three years from the
date of endorsement of the plan without the Board's prior written approval.
C.Action by Town within Three Years. During the three-year reservation period, the Town
may choose to buy any or all of the reserved land and must justly compensate the owner
for the land acquired. If the Town does not choose to buy the land within the three-year
reservation period, the developer may go ahead with improvements per the approved
subdivision plan.
Page 43 of 47
§ 175-8.0. CONSTRUCTION
§ 175-8.0CONSTRUCTION
8.1.WORK NOTIFICATION TO TOWN DEPARTMENTS
A.Preconstruction Conference. Before the initiation of any work within the subdivision, the
applicant must arrange for a preconstruction conference with the Planning Office, 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
Office, the applicant will be required to notify the Planning Office, in writing, of any
deviations from the proposed work schedule.
B.Notification. The Planning Office 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 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 is performed 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 Engineer or her or his
designee are at the expense of the applicant. Subdivision bonds will not be released until
all such expenses have been paid to the Board.
8.2.INSPECTION
A.Access. To verify that the required improvements are constructed or installed in
accordance with these Regulations and with the applicable technical standards, the Board,
its agents, and employees of the Town must be allowed access to the subdivision during
normal working hours while it is under construction, subject to notice and compliance
with safety standards.
B.Notice. The applicant is responsible for ensuring that written notice is delivered to the
Planning Office and the Town Engineer upon the completion of each of the tasks
Page 45 of 47
§ 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) must be 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 August 25, 2017
Chapter 176, Planning Board Zoning Regulations Table of Contents
C176C .......................................................................................................................... 1
HAPTER OF THE ODE
TL ....................................................................................................................... 1
OF THE OWN OF EXINGTON
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. .............................................................................................. 22
SECTION 176-6.0 SPECIAL PERMITS ................................................................................................... 25
6.1.Applicability. .............................................................................................................................. 25
6.2.Procedures. .................................................................................................................................. 25
6.3Sketch Plan Application SubmiTtals. ......................................................................................... 25
6.4Special Permit Application SubmiTtals. ..................................................................................... 26
Section 176-7.0 UNACCEPTED Streets Standards ................................................................................... 29
7.1Authority. .................................................................................................................................... 29
7.2Objectives. .................................................................................................................................. 29
7.3Applicability. .............................................................................................................................. 29
7.4Permitting Process. ..................................................................................................................... 30
7.5REQUIRED IMPROVEMENTS & DESIGN STANDARDS. .................................................. 30
Chapter 176, Planning Board Zoning Regulations
7.6Application Requirements........................................................................................................... 30
7.7CONSTRUCTION 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. ................................................................................................... 33
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. ............................................................................................................ 44
9.6SITE DEVELOPMENT STANDARDS. .................................................................................... 45
9.7PEDESTRIAN AND VEHICULAR ACCESS; TRAFFIC MANAGEMENT. ......................... 46
9.8UTILITIES. ................................................................................................................................. 48
Section 175-10.0 TRANSPORTATION MANAGEMENT OVERLAY DISTRICT PLANS .................. 49
10.1GENERAL PROVISIONS. ........................................................................................................ 49
10.2HARTWELL AVENUE AREA (TMO-1) DISTRICT PLAN. .................................................. 49
Chapter 176, Planning Board Zoning Regulations
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:
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;
Page 1 of 55
Chapter 176, Planning Board Zoning Regulations
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.
1.3.6 Effective Date. These Regulations and any amendments become effective on the date
they are adopted. A copy of these Regulations 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, stormwater 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 to 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 of Action 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:
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.
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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 a vote 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.
3.4.3 Decision on Request for a Waiver. The Board may make its approval of a waiver
dependent on conditions that will achieve the objectives of the provision or standard
waived. If the Board waives any provision or standard of these Regulations, it must:
1. Determine that its action is in the public interest and not inconsistent with the intent
and purpose of the Zoning Bylaw and of these Regulations; and
2. Include specific reasons for its action in the decision approving the application.
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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 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
Nonresidential Sketch Plan $1,500 plus $50 per 1,000 SF of GFA
2
Nonresidential Special Permit $3,000 plus $50 per 1,000 SF of GFA
Site Plan Review, §176-9.0
Minor site plan review $500
Major site plan review $1,500
PD rezoning, §176-8.0
$500
Sketch PSDUP
1
$2,000
Final PSDUP
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.
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4.1.4 No Refunds. Administrative fees are not refundable. No fees will be refunded if an
application submitted for approval is withdrawn.
4.1.5 Costs of Advertising and Holding Public Hearing. The applicant is responsible for the
costs of publishing the legal notice of 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 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 Office for deposit into a 53G Account.
1. Outside consultants retained by the Board to help in the review of an application must
be paid from this account.
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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.
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, 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 1988 (NAVD88) 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.
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
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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. The Board reserves the right to request one-
foot intervals for sites that it wishes to have more detail on existing grading;
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;
4. A note containing the number and total DBH of all trees with a DBH greater than 6
inches;
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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. ; and
d. jurisdictional line.
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:
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
rights, 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;
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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 and Profile 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:
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
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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 located either above or below
it for ease in locating corresponding points:
a. The existing sidelines 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, which 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:
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
the total number and caliper inches for each, identified as:
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 at both
ends and, when applicable, every 50 feet in between;
5. Existing and proposed building footprints, fences, parking spaces, loading bays,
driveways, walks, storage areas, public rights-of-way, stonewalls, easements, and the
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
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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. nal line;
10. The yard setbacks from lot lines;
5.2.8 Proof Plan. A proof plan shows:
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
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;
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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:
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 number 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;
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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-water elevations.
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
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 may not be taken during weeks with public or major
religious holidays, nor 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 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
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transportation publications, provided the methodology and relevance of the data is
documented.
c. The morning and evening "peak period" is usually 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
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;
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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 has 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.
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:
5.4.1 Deed or Easement. 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 thereto) 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 thereto) 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.
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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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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.
6.2.1 Provisions 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
subtypes. The table of development data may be included on either the title sheet or
the site analysis map(s).
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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 Office staff 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 \[see Section 5.2.1.\] which may be based on existing map resources;
2. A site analysis map \[See Section 5.2.2.\] 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 \[see Section 5.2.4.\];
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 \[see Section 5.3.1.\];
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 \[see Section 5.3.5.\];
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
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f. A proof plan \[see Section 5.2.8.\] if a special permit residential development is
proposed.
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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.
This section of the Zoning Regulations 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
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.
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.
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7.4 PERMITTING PROCESS.
7.4.1 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.
7.4.2 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, or the
application will be deemed constructively approved.
7.4.3 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.
7.4.4 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.
7.4.5 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
Subdivision Regulations.
7.4.6 Duration of Determination. Street determinations are valid for two years from the date
the designation was voted by the Board.
7.5 REQUIRED IMPROVEMENTS & DESIGN STANDARDS.
7.5.1 Same Standards as Subdivision Regulations. The improvements and design standards for
improvements of unaccepted streets are the same as those found in Chapter 175-7.0 of the
Subdivision Regulations and are incorporated here by reference.
7.6 APPLICATION REQUIREMENTS.
7.6.1 Format of Plans and Documents. The format and the information required for any of the
plans or other documents cited in this section are the same as those set forth in Chapter
175 of the Code of Lexington, the Subdivision Regulations.
7.6.2 Information 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 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
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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 utilities plan, §175-7.4.
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
applicant seeks waivers from these Regulations, the Board requires that the waivers
be listed on the Site Construction Plan described above.
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.
7.7 CONSTRUCTION AND COMPLETION.
7.7.1 Same Rules as Subdivision Regulations. The procedures for the construction and
completion of improvements to unaccepted streets are the same as Section 8.0 of the
Subdivision Regulations 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 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.
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 must be filed with the Board of Selectmen.
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8.4.3 It is recommended that at the time of filing with the Selectmen the applicant provide
the Planning Board with a copy of the petition submitted to the 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 in other 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.
8.5.4 Other Regulatory Material: The PSDUP must include a visual 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.
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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. Utilities plan;
5. 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 was developed to the maximum floor area ratio
allowed in the existing district.
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.
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8.7 SKETCH PLAN.
8.7.1 Submission. The information submitted with a sketch plan shall include that 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;
6. Recommended: An Investigation Of The Capacity Of Existing Public Facilities Other
Than Schools To 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;
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8.7.2 Review Procedure.
1. The Planning Office will:
a. Post the application materials on the Planning Office website;
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.
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 time period 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.
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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:
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;
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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 SITE PLAN 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.
9.2.2 Preapplication Review.
1. Sketch Plan. All applicants are encouraged to submit a sketch plan to the
Planning Office for review in advance of filing an application with the Board.
This 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 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 be
construed by the applicant to constitute instructions or directives of a binding
nature.
9.2.3 Approval. The Board, or its designee in the 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
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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 to 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
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.
9.3.3 Decision by the Designee. 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.
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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:
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 9.5 below. 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
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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
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 signage standards 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.
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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 Stormwater Management. Stormwater 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 stormwater management facilities
must comply with the Department of Environmental Protection's Stormwater
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.
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 utility 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 Historic 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
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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
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 and safety of vehicular and pedestrian
movement inside the site. The number of curb cuts must be minimized.
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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, on 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, 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.
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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.
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.
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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 allow greater 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 Floor Area Ratio. 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 related conditions, including additional transportation mitigation
fees and parking and traffic demand management requirements, to meet the goals of
the TMO-1 Plan.
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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 Plan has been submitted.
2. Types of PTDM Plans. Projects that require major site plan review or a special
permit must submit a full PTDM Plan, 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 Plan.
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
subject to minor site plan review are reviewed by the Planning
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
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
Page 50 of 51
Chapter 176, Planning Board Zoning Regulations
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
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 51 of 51
PLANNING BOARD MINUTES
MEETING OF JULY 12, 2017
A meeting of the Lexington Planning Board, held in was called to
order at 7:03 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:
Mr. Henry said there was a press release and applications are being accepted for the
Comprehensive Plan Advisory Committee.
Upcoming Meetings and Anticipated Schedule:
The next meeting is July 26 and August 16 and 30.
*******************ECONOMIC DEVELOPMENT DISCUSSION*********************
Stephanie Cronin, Executive Director, Middlesex 3 Coalition:
The focus was on best practices for permitting procedures and provided a matrix to help each
community benefit from other communities expedited permitted best practices, to make regional
improvements.
Jay Donovan, Assistant Director, Northern Middlesex Council of Governments:
Massachusetts Permitting best practices:
The purpose is to give communities areas where they can improve to be able to market
themselves to encourage economic development. They were looking for input and responses from
the Board regarding the matrix information and corrections. They are working with MAPC and
transportation agencies they serve to try to bring them together.
Transportation & Land Use Study, Northern Middlesex Council of Governments:
This study was done to find out what was going on in other communities with transportation in
the region and to make it work better for this area. The hope is to coordinate funding through
partnerships in businesses and communities.
*********************DEVELOPMENT ADMINISTRATION************************
Proposed Planned Development District: 46-65 Hayden Avenue:
Present was Tom Ragno, CEO from King Street Properties, Rob Albro, Managing Director for
King Street properties, John Farrington, attorney and William Harris, head architect.
The applicant was looking to create more lab and office space and a second multi-story, above-
grade parking garage. The goal was to create an environment that is attractive to tenants, which
Page 2 Minutes for the Meeting of July 12, 2017
would reduce traffic with on-site amenity services and also a transportation management plan to
get employees to and from public transit and could be used locally during business hours for the
residents of the Town. The potential financial benefits would be 1.8 million in revenue to the
Town. There will be significant improvements to the wetlands and the applicant is working with
Karen Mullins and the Conservation Commission and were looking for Board input.
Individual Board Comments:
Would these commercial site amenities be available to the public? Looking for concierge
service, but would look to include that possibility.
Amend this district now to include the most you want at one time rather than keep
coming back piecemeal? It is hard to imagine where else to put anything.
The back of the site is incredibly wet how will you handle a storm like tonight? What are
the height of the buildings? Not sure of the answer now, but will check and share at the
next meeting.
How will the buildings height be mitigated? Doing work on the architecture to see what
would be visible off site? Will have answers next time. Mr. Harris said they were creating
a very nice campus and set back from the edge of the conservation land. Developing
perspectives would be helpful.
Where did the 500 spaces come from? A ratio is being used based on life science
building. How many cars will be on the roof top? Not sure.
Encourage people to stay by providing services and not travel during peak commuting
hours.
Will this building be Leeds certified? Yes probably silver.
Looking for what people on Concord Avenue will see and what people will see with
lighting.
How much of the new building will be lab and office space and what is maximum
number of parking spaces? Right now are they all office spaces? Yes. They will be 50%
lab and 50% office space.
Could you invite the Board out to look at what you have done and want to do? Will work
with staff to make that happen.
Share what will make this thrive next time.
Audience Comments:
Is it possible to make a bus stop shelter on both sides and a cross walk? Will try to do
that.
Minutes for the Meeting of July 12, 2017 Page 3
The main concern is the impact on traffic in this area. What kind of mitigation will be
proposed to try to prevent SOVs? There is support for additional development in the area
but need to be careful with the traffic impacts. The Lexington Civic Association will be
addressed by Mr. Farrington around Labor Day.
Traffic is gridlocked at 7:45 a.m. and needs serious mitigation in this area.
Wednesday, October 18 will be the Special Town Meeting. Want the Board to complete the
report by October 4. The public hearing will be after Labor Day on September 13 and continue to
September 27 and then finalize the report. The PSDUP needs to occur the second half of August.
Provide a draft PSDUP submitted by August 11 for the August 16 meeting for feedback and then
do a formal filing after feedback.
PUBLIC HEARING
Subdivision Regulations & Zoning Regulations:
Chair Richard Canale opened the public hearing at 9:04 p.m. and continued the public hearing
without discussion.
On a motion of Mr. Hornig, seconded by Ms. Corcoran-Ronchetti, it was voted, 5-0, to continue
the public hearing without discussion to Wednesday, July 26, 2017 at 7:00 p.m.in
Meeting Room.
0 Grove Street, Public Benefit Development:
Board Deliberations:
Mr. Creech recused himself and Mr. Leon, Associate Planning Board Member joined the Board
for the special permit deliberation for 0 Grove Street/Liberty Ridge.
The draft decision was discussed, particularly the rationale on the findings necessary to issue the
permit. Staff reminded the Board that the decision will also be submitted to town counsel for
review before a final decision is made.
The Public hearing was closed at the last meeting on June 26, 2017.
Individual Board Member Comments:
Are all the comparisons noted on how the development meets the criteria and how it
compares to the conventional plan? All the criteria needs to be compared, it gives it
context.
Read all the comments people have talked about and the context is there that a 13 lot
subdivision that was approved and looking at both projects the building of the special
permit application would have less of an impact that people were concerned about. The
overriding goal of diversity of housing with some modifications will be a better plan then
the 13 lot conventional subdivision.
Page 4 Minutes for the Meeting of July 12, 2017
Read at least 100 emails sent to Board Member many are based on
misconceptions and will respond to the comments made at an appropriate time.
None of the email and information received after the public hearing was closed can be
used in consideration of a decision. The public cannot make comments to be considered.
Can this be continued to the next meeting to allow time to review since the draft decision
was not received till today? The thought was that there were three undecided votes.
The schedule will be problematic in August and the Board should go through comments
we have at this time.
Need to put comments in now that the Board has and then review further the next time.
The preservation of five acres of contiguous open space and housing benefits for
diversity and affordable units is important. The marginal increase in traffic flow and
public safety requires more details to put into context. Water pressure, sewer pumps
station noise and storm water management system issues should be mentioned. More
specific information on the current character of the neighborhood should be provided and
compared to the range of housing sizes for the units in the special permit Show the
houses in the special permit are smaller than the houses in the surrounding neighborhood.
The vernal pool will be protected by state and local regulations, but the special permit
does offer a greater degree of protection with the contiguous open space as opposed to
being stripped clear by a conventional plan.
Zoning decisions are not based on more children in school but the Board does take into
account impacts on the Town, but there are Federal and State Fair Housing laws that must
be considered.
Open space needs more references of the project clarifying the information on the
proposed lot coverage and proposed open space element that was referenced, provide
more focus on the public accessibility of the public open space.
The historical reference to 1950 is not helpful.
Concern of crowding in the schools was more important than costs. The two analysis
presented were subject to debate but there are regulatory and legal perspectives that must
be taken into account regarding this issue.
Staff will get the information about special condition 1 for the next meeting and the
record will be reviewed. Be very specific with all numbers for each unit. Add a condition
that none of the units have overly high crawl spaces more than 6 feet 8 inches. Numbers
will need to be adjusted on the plans for this condition and should be allowed. Just want
to make sure we are getting smaller units.
Minutes for the Meeting of July 12, 2017 Page 5
Asking the applicant to redesign units after the public hearing seems arbitrary.
Our goal is for smaller units not just density. Be very specific for GFA for affordable
units.
Provide language to ensure testing of the generators has to happen.
More specific requirements of the condo association needs to be added.
Each structure should be tied to the GFA in the plan and each structure limited to the size
identified on the plan.
Occupancy limits should be removed.
A construction plan should be submitted for review and then approval. No parking on
Grove Street or street parking in the area.
No light spill off site.
A clear statement of what chemicals are permitted and prohibited.
No signs permitted without permission from the Planning Office.
Liberty Ridge would cause confusion for the name with Liberty Heights. Staff will
discuss the street name since it has to be in the condominium documents to be approved
by the Town.
A Board Member read a statement on why this special permit development should be
denied.
Board Discussion:
If we turn down this proposal, we will get a better plan want 22 units of which two will
be affordable and save more trees.
A Board Member said all the emails were read and believed a lot were based on
misconceptions. There is no reason that a conventional subdivision would not be built on
this site. The conventional subdivisions usually clear the site of trees to put on solar
panels and new developments are just clear and open space.
The incremental increase in traffic does not impact here, school overcrowding should not
be based if they pay their fair share this is a community. The Board of Selectmen chose
not to purchase the land this is what we are left with.
Will continue to advocate for limited height of crawl space.
The Board is not compelled to issue a special permit but the project will be developed
and the Town might not get affordable units. This is an abundance of contiguous open
space being preserved forever. Looking at the site this would not have a notable impact
Page 6 Minutes for the Meeting of July 12, 2017
on this neighborhood and it would be difficult to tell how dense and number of units that
would be built there.
Board Members should read and send additional comments to staff. This decision will be
discussed in two weeks and any comments sent will be read, but not be part of the record.
Burlington Street, ANR:
On a motion of Mr. Hornig, seconded by Ms. Corcoran-Ronchetti, it was voted, 5-0, the Board
voted to endorse the proposed Approval Not Required plan, as the proposed division of land
shown on the plan does not constitute a subdivision within the meaning of the Subdivision
Control Law and authorize the Planning Director to sign on the Board behalf.
*************************BOARD ADMINISTRATION****************************
Board Member Reports:
There was a follow up meeting from the Economic Development forum. The discussion of what
was going to be brought up for 2018 and 2019 Annual Town Meetings. There was agreement to
bring to the Boards as to whether to bring Economic Development first or the Comprehensive
Plan.
Should we bring the Hartwell Avenue FAR to 2018 Annual Town Meeting to consider a .9 FAR
to achieve the goals desired that the existing FAR is not achieving. Want a sense of the Board
what they wish to work on for the 2018 Annual Town Meeting and will discuss at the next
meeting.
Individual Board Comments:
There is concern where taxes will go by residents.
Need to look at the big picture and should look to the comprehensive plan and not just
one piece of the puzzle. Get the data together on how to solve the problems and present
them to Town Meeting and should not focus on one topic at a time.
It makes sense to move forward with Economic Development and not wait for the entire
comprehensive plan to be completed.
There has been a lot of letters concerning town character and talking about hundreds of
cars in the town for economic development and we need to get input from residents
addressing the costs for an increased FAR.
Audience comments:
Work on the comprehensive plan and economic development separately, but at the same
time.
Minutes for the Meeting of July 12, 2017 Page 7
With the right infrastructure improvements economic development can increase and
minimize the impacts and can be done within a 9-12 month period.
On a motion of Mr. Hornig, seconded by Ms. Corcoran-Ronchetti, the Board voted, 5-0, to
appoint Mr. Canale and Ms. Johnson as liaisons to the Comprehensive Plan Advisory Committee.
On a motion of Ms. Johnson, seconded by Ms. Corcoran-Ronchetti, the Board voted, 5-0, to
appoint Mr. Hornig as a member of the CPC till the term expires June 30, 2019.
On a motion, duly made and seconded, it was voted to adjourn the meeting at 11:05 p.m.
The meeting was recorded by LexMedia.
Bob Creech, Clerk
PLANNING BOARD MINUTES
MEETING OF JULY 26, 2017
A meeting of the Lexington Planning Board, held in Battin Hall, Cary Memorial Building was
called to order at 7:03 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:
Comprehensive Plan Update:
This will be a regular standing item from now on for updates. Staff will send documents to Board
Members sent regarding timelines for the comprehensive plan and Planning Board Members
should submit comments. July 31 is the soft deadline the submittal of applications and
appointments should be made by early so he will
not participate in the selection process. Mr. Henry gave a brief update on how the process will
proceed and an approximate timeline for phase 1 through December.
Planning Board Work Plan
The Fall Special Town Meeting in October will have some items that will go forward for the
Hayden Avenue Merck property. September 13 is the tentative public hearing date. The other
article is recreational marijuana which will be discussed with the Board of Selectmen (BOS) to
see if they can prohibit the use since the town voted against it. Staff will follow up on this matter.
Brookhaven filed an application for site plan review yesterday and the public hearing will be
August 16. The Neighborhood Conservation Districts (NCD) were hoping to be ready for the Fall
Special Town Meeting, but it may be wiser to wait for the Annual Town Meeting. The Belmont
Country Club, activity for zoning changes west of 128 may be coming up. The Residential Policy
Committee items will need to be discussed. The Economic Development proposal for September
should be considered. Staff said to keep it to something uncomplicated for Spring Town Meeting
since staff is at capacity and the Board should not be setting expectations too high in order to
keep up with timelines. There will be two public hearings on NCDs late October early December
for the Annual Town Meeting. If the Board spreads itself too thin it will not be able to devote the
time needed to do the comprehensive plan.
Upcoming Meetings and Anticipated Schedule:
There are BOS has requested dates from the Planning Board for joint meetings for September
and October staff will send a memo for proposed dates.
Page 2 Minutes for the Meeting of July 26, 2017
*************************BOARD ADMINISTRATION****************************
Board & Committee Assignments:
The Board discussed changes to the committee list and Mr. Canale will discuss with the Planning
Director the finalized changes to liaisons and representatives to the Committees for the Planning
Board.
Minutes:
On a motion of Mr. Hornig, seconded by Ms. Johnson, the Board voted, 5-0, to approve the
minutes of June 7 and 21, 2017 as amended.
*********************DEVELOPMENT ADMINISTRATION************************
167-177 Cedar Street Approved Conventional Subdivision potential Roadway Names:
There were four acceptable names that were given to the Fire Department which were fine.
1. Powder House Circle Ms. Corcoran-Ronchetti
2. Farias Court
3. Abbey Road Mr. Hornig
4. Penny Lane Mr. Hornig
Additional names for consideration
5. Wolf Tree Lane Mr. Canale
6. Poor Farm Circle Mr. Canale
These names should be given to the BOS and/or the applicant and provide a rationale for those
names and any Board Members can send staff an email for their suggestions. It was mentioned
that the BOS should select street names and that process be added to our regulations. These
names will be circulated for consideration and after rationale is provided at the next meeting a
determination will be made.
PUBLIC HEARING
Subdivision Regulations & Zoning Regulations:
Chair Richard Canale opened the continued public hearing at 7:50 p.m. with approximately 2
people in the audience.
Subdivision Regulations, §175:
Some of the following changes were discussed in the draft document provided:
Footpaths and trails are a public easements would be a default. Staff wants to check with
Town Counsel to see if that would be acceptable;
Delete the reference to the stormwater regulations and refer to the general bylaws for
storm water management which would make each project an above threshold project;
Minutes for the Meeting of July 26, 2017 Page 3
Now that we provide packets in Novus only request what staff needs for paper filings,
some 11 by 17 plans and one large plan for the Planning Office at a minimum;
Reword the minimum cross slope get rid of the word minimum;
Design speed should reflect the reduced speeds including major collectors;
Appoint a street name committee;
Wetland buffer zones should be included; and
Seasonal high water tables should be included.
Zoning Regulations § 176:
Site analysis maps should provide one foot interval for flatter sites;
Utilities plans for water should show the location of service connections;
The total number and calipers inches of trees should be provided;
Stonewalls heights top and bottom at spot elevations be shown;
Street determinations site construction plan should list all the waivers and eliminate the
extra plan never seen by the Board;
Internal citations need to be corrected and some grammatical changes made;
Changes to wetlands definitions should include the buffer zone; The Zoning Bylaw
defines the wetlands;
Drainage studies should refer to the stormwater regulations; and
The action deadline with no response what happens if missed, get rid of the action
deadline.
Public comments:
Wetlands do not include buffer zones they are referred to differently in the wetlands bylaw.
Resource areas reflect buffer zones.
The Board will look at the document with all the edits and discuss next time.
On a motion of Mr. Hornig, seconded by Ms. Corcoran-Ronchetti, the Board voted, 5-0, to close
the public hearing at 9:50 p.m.
0 Grove Street, Public Benefit Development (PBD):
Board Deliberations:
Mr. Creech recused himself and Mr. Leon, Associate Planning Board Member joined the Board
on this special permit process for 0 Grove Street/Liberty Ridge.
Page 4 Minutes for the Meeting of July 26, 2017
Mr. Canale got a request from someone from the audience to speak tonight and he responded that
as elected officials we have allowed ample time for public comment and that period is closed and
laws preclude us from taking in further comments from the public.
Individual Board Member Comments:
There was concern about how the crawl space would be utilized and would the numbers
fit under the current regulations;
Add back the State and Federal Fair Housing Laws that were accidentally removed;
There are only three affordable units not four;
Add information to clarify and beef up parts comparing the special permit to the
approved conventional plan;
Indicate analysis and public comments
Clarify the Condominium Association specific performance requirements;
Wells should be prohibited on the site and could damage the resource area in time of
drought and could deplete the water system and lower the ground water in the area;
The large well was removed, but it is up to the Board of Health and there would be no
reason to forbid a well since the area has water issues;
Can we get the Conservation Commission on this issue? There was no comments given
but it is up to the Conservation Commission to decide this and the regulatory controls.
Specific Findings there was disagree with numbers 2 and 3 there is only one row of trees
between units. The LOW is only 100 feet from the buffer zone;
There is no tree removal plan;
Modify the limit the work times Monday through Friday and from 7 a.m. to 5 p.m. The
applicant may request exceptions to this condition under special circumstances through
the Planning Office;
Prohibit no trespassing signs;
The grading plan is not workable and require the tree removal plan so the submission is
not complete. The complete set of plans can be required before endorsement. Add
language to general conditions about the plans.
Staff will verify on page 6 the distance to the wetland delineation line, the number of
trees removed and include and the PBD to plant 330 trees.
On a motion of Mr. Hornig, seconded by Mr. Leon, the Board voted, 4-1, (Ms. Johnson opposed)
to grant the special permit for the Public Benefit Development with the special conditions and
Minutes for the Meeting of July 26, 2017 Page 5
findings made tonight and to allow the Planning Board Chair to sign on behalf of the Planning
Board.
On a motion, duly made and seconded, it was voted to adjourn the meeting at 10:25 p.m.
The meeting was recorded by LexMedia.
Bob Creech, Clerk
PLANNING BOARD MINUTES
MEETING OF AUGUST 16, 2017
A meeting of the Lexington Planning Board, held in was called to
order at 7:00 p.m. by Vice Chair, Ginna Johnson with members Charles Hornig, Nancy Corcoran-
Ronchetti, and Bob Creech, and planning staff Aaron Henry, David Kucharsky, and Lori
Kaufman present. Richard Canale was absent.
*******************************STAFF REPORTS********************************
Comprehensive Plan Update:
Mr. Henry provided a status update on the Comprehensive plan and the creation of the
Comprehensive Plan Advisory Committee. There are 32 applications that are a good mix for age
and tenure in town. Staff should be ready to proceed with the good mix received but may want to
do a little more targeted outreach to some to get a little more diversity and then hope to have a
th
draft charge ready by the August 30 meeting.
Economic Development Strategies Memo:
Ms. Carol Kowalski, Assistant Town Manager for Land Use, updated the Board on the Economic
Development Presentation given to the Board of Selectmen. They were exploring reasons
Economic Development is flat here and discussing ideas to increase development for example
creating another overlay district that would require a high level transportation management and
contributions to the transportation mitigation fund, greater FAR, and by right-mixed use
developments.
Upcoming Meetings and Anticipated Schedule:
The TMMA is trying to set up meeting on Tuesday October 10 and the Board expects one
warrant article for sure and are discussing whether to go for prohibitions or moratorium on
recreational marijuana.
Ms. Corocran-Ronchetti will not be here August 30. The 2020 Vision Meeting on September 22
in the morning will be difficult for Mr. Hornig to attend but he will watch the tape.
*********************DEVELOPMENT ADMINISTRATION************************
Oakmont Circle, ANR:
The applicant has submitted a revised ANR plan that was approved before with a few minor
dimensional changes and no material lot line changes. The reason for the dimensional change is
to go from tenths to hundredths due to the adjoining registered land in Land Court.
Page 2 Minutes for the Meeting of August 16, 2017
On a motion of Mr. Hornig, seconded by Ms. Corcoran-Ronchetti, it was voted, 4-0, that the
Board voted to endorse the revised Approval Not Required plan, as required by Land Court. The
proposed division of land shown on the revised plan does not constitute a subdivision within the
meaning of the Subdivision Control Law.
Cedar Street Subdivision, proposed street names:
This agenda item is an opportunity for the Board to continue its conversation from the last
meeting regarding the proposed names for two new streets associated with the recently approved
subdivision plans off of Cedar Street.
Mr. Fred Gilgun, attorney and Ben Finnegan said the need to be concern about safety approved
Wolf Tree and Poor Farm from Mr. Canale. Did Fire and Police approve? No concerns both were
fine. Mr. Finnegan was upset with the name Poor Farm Road.
Board Comments:
This site was never a part of the Poor Farm and the neighborhood had no problem with
Penny Lane or Abbey Road.
Ok with Wolf Tree Lane or Abbey Road.
Prefer Penny Lane, Abbey Road or Powderhouse Lane
Have issue with the names Penny Lane, Abbey Road, being pop culture and Poor Farm
Road is inappropriate. Like Wolf Tree Lane and Farious Court. Mr. Finnegan said
neighbors and landowners all liked the Abbey Road and Penny Lane.
Power Court and Moore Lane were suggested, but they would have needed to be vetted
by public safety.
Audience Comments:
Live nearby and know residents in the area and know they like Abbey Road and Penny
Lane. Mr. Finngean didnt know to bring neighbors in regarding the approval for the
name.
On a motion of Ms. Johnson, seconded by Mr. Creech, it was voted, 2-2, Ms. Corcoran-Ronchetti
and Mr. Hornig opposed) for Wolf Tree Lane for outer road and Farious Court for inner road.
Motion failed for lack of a majority vote.
On a motion of Ms. Corcoran-Ronchetti for Abbey Road and Wolf Tree lane. The motion failed
for the lack of a second.
Additional comments and public input for names will be considered by the Board.
Minutes for the Meeting of August 16, 2017 Page 3
The applicant will be coming back on August 30 and will discuss further. Staff will send out a list
of the proposed and approved names for the Board to show their preference for names.
PUBLIC HEARING
Brookhaven, site plan review:
Vice Chair, Ms. Johnson, opened the public hearing at 7:40 p.m. with approximately 6 people in
the audience. There were recent changes made to the proposed draft PSDUP based on comments
received from the Conservation Commission. Engineering and Conservation staff are in the
process of resolving some issues with the applicant associated with the placement of water
utilities.
Mr. Bill Daily, attorney, Mr. Jim Freehling, President/CEO, Mr. James Borrebach, civil engineer,
Ms. Diane Duley, architect, Mr. Dave Fisher, landscape architect were present. Mr. Daily said
they will move ahead and plan to get started this fall. This is the same plan as before, but there are
three items that needed tweaking, noise study, water looping, and work with engineering on
handling the sewage from the project. The applicant would like to come back September 13 after
meeting with Conservation Commission and have a resolution from Engineering.
Mr. Borrebach presented a document showing a summary of changes to the plan approved at
Annual Town Meeting 2017 and is posted in the meeting packet for the north building and the
commons.
Board and staff comments:
The staff does recommend the changes, but the applicant should come back September 13
once they hear from Conservation.
What is the action deadline for the July 25 submittal? September 23.
Will the view from the vernal pool be landscaped? Mr. Fisher said there are mixes that
will be made.
Audience comments:
The closest abutter to this project was asking for the access road to be moved a few more
feet and gated, or bump so people would will not shoot out too quickly. Since covering so
much of the impervious surface there has so much more runoff and cars have needed to
be towed out. The infiltration pond not sure it could handle a two year rainstorm and
want another study done. The abutter also asked to put soundproofing up for the
transformer. The access road the Fire Department did not want a gate at the Waltham
Street access, but instead will have signage and would consider a speed bump if the Fire
and Police Departments would allow, but there are concerns that every minute counts in
Page 4 Minutes for the Meeting of August 16, 2017
an emergency. Mr. Borrebach will be meeting with Engineering and Conservation to
discuss runoff and the transformer has sound proofing. There will be a grinder for
sewage, but need to find a location.
On a motion of Mr. Hornig, seconded by Ms. Corcoran-Ronchetti, it was voted, 4-0, to continue
the public hearing to September 13, 7:00 p.m. in th
45-65 Hayden Avenue, potential Planned Development District:
Rob Albert, CEO King Street properties, Ed Grant, attorney, Doug Harnett, Highpoint
Engineering, and Bill Harris and Derek Johnson, Perkins-Will, were present.
Mr. Albert said their proposal was for an up-zoning of the site at this Fall Special Town Meeting.
They presented the draft PSDUP and MOU to the Planning Board for comments. A public
hearing on this proposal is planned for September 13. Special Town Meeting is expected to take
up this item on October 16 or 18. The design has only one change since the last meeting, which is
the garage.
There has been discussion on the MOU and hope to have in stronger form within 7 to 10 days.
The PSDUP will be filed next week and will run a list as they meet with each board and
committee and then have an addendum to read through the changes in one place for the PSDUP.
Staff wants to peer review for the traffic report and ask the Board to allow staff to set that up.
Board Comments:
The regulatory plan needs to cover the entire district not piecemeal.
Do not understand your accessory uses list they should be listed as primary uses consult
with staff. Check the use in the zoning bylaw.
Remove site cover ratio like in CM District
Why limit the
If you are keeping the FAR and site coverage indicate how the lots would be divided up.
In section 10.4 what are the rules for signs that you want? Make clearer.
Mr. Grant said they can reconc
accomplish that. Now if special permit relief is needed can combine with site plan review. Want
to hear about the FAR from other Board Members.
realistic.
Receptive to increase to the FAR.
Ms. Johnson wanted to alert the Board and audience that Mr. Harris was a client of
in the past and filed appropriate papers with ethics committee.
Minutes for the Meeting of August 16, 2017 Page 5
The height is raised by more than 20 feet and is a significant height difference want to see
documents. Mr. Albert said he has them and will show later.
Concerned about the half story below grade because believe it will flood.
Concerned about landscape plan want only native plants not decorative plantings.
Want information on tree removal.
Public parking for the trail heads will that continue?
Public use of conservation land should be considered.
Do not propose something that will not be built.
Other projects have been able to mitigate the water and believe will be able to do that to prevent
flooding. There will be swing spaces and allowed for the public parking. Bill Harris and Derek
Johnson will submit an electronic set of the plans presented to staff to upload to packet for height
construction from surrounding areas and preliminary site sections.
Audience Comments:
How large is this new parking garage in terms of cars? The new garage is 1,075 and
displacing surface parking. Is there just one exit in the garage or alternate way to get out?
They met with the Fire Chief about the exit and he did not object to the one exit as
provided.
Board Comments:
Will the submission have a scope issue? Staff will pay close attention to this when the
PSDUP is submitted.
The required public hearing September 13 for 7:30 in SMR and file PSDUP by August 23.
*************************BOARD ADMINISTRATION****************************
Board Reports:
Time line for NCD Turning Mill and Lockwood-Byron Road is for November 1 for a joint
meeting with the Historic Commission and Planning Board. Want to make sure that this has been
vetted completely so it is not unusable. The Planning Board should see the draft before it goes out
to the public to make sure it is not a mess.
Board and Committee Assignments:
On a motion of Mr. Hornig, seconded by Ms. Corcoran-Ronchetti, it was voted, 4-0, to accept the
assignments for liaisons listed on the Planning Board Representatives/Liaisons to Boards &
Committees document.
On a motion, duly made and seconded, it was voted to adjourn the meeting at 9:12 p.m.
Page 6 Minutes for the Meeting of August 16, 2017
The meeting was recorded by LexMedia.
Bob Creech, Clerk