[Amended 8-9-2023]
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.
6.2.1
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 an applicant seeks a special permit under more than
one provision of the Zoning Bylaw, they shall file an application
that clearly identifies each provision of the Zoning Bylaw for which
a special permit is sought.
6.2.2
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.
6.3.1
Information Required. Information presented in the special permit
application must be based on field surveys, except as noted below.
If a special permit application is concurrent with a site plan review
application, the application requirements can be submitted in one
package. Otherwise, where applicable a special permit application
must include the following:
1.
A title sheet (See § 176-5.2.1.) which may be based on
existing map resources;
2.
A site analysis map (See § 176-5.2.2.) 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 § 176-5.2.3.):
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 § 176-5.2.4.);
5.
A construction management plan (See § 176-5.2.5.);
6.
A street layout and profile plan (See § 176-5.2.6.);
7.
A utilities plan (See § 176-5.2.7.);
8.
A landscape plan (See § 176-5.2.8.);
9.
Elevations of proposed buildings;
10.
A table of development data (See § 176-5.3.1.);
11.
And, if applicable:
a.
A draft, in proper legal form, of any of any proposed conditions;
b.
A stormwater management plan. (See § 176-5.3.2.);
c.
Soil surveys, test pits or test borings (See § 176-5.3.3.)
if needed to determine the suitability of the land for the proposed
streets, drainage, and utilities; and
d.
At a subsequent public hearing, a written response to the Planning
Board's comments and recommendations at any prior hearing.
