So that the Planning Board may make the findings required under
the Lynnfield Zoning Bylaw and in addition to the application fee,
the Planning Board may impose design review fee(s) on those applications
which require, in the judgment of the Planning Board, review by outside
consultants due to the size, scale, and/or complexity of a proposed
project, the project's potential impacts, or because the Town
lacks the necessary expertise to perform the review work related to
the permit or approval. In hiring outside design review consultants,
the Planning Board may engage engineers, planners, lawyers, designers,
certified arborists, architects, consultants or other appropriate
professionals able to assist the Planning Board and to ensure compliance
with all relevant Town bylaws, rules and regulations.
Design review fees shall be submitted at a time to be determined
by a majority vote of the Planning Board for deposit in an account
established pursuant to MGL c. 44, § 53G. Failure to submit
the fee as required by the Planning Board shall require the Planning
Board to discontinue or suspend the proceedings, and no review work
shall commence until the fee has been paid in full.
When the balance in an applicant's 53G Account falls below
25% of the initial design review fee, as imposed above, the Planning
Board shall consider whether to require a supplemental design review
fee to cover the cost of the remaining project review.
At the completion of the Planning Board's review of a project,
any excess amount in the account, including interest, attributable
to a specific project shall be repaid to the applicant or the applicant's
successor in interest. A final report of said account shall be made
available to the applicant or the applicant's successor in interest.
For the purpose of this regulation, any person or entity claiming
to be the applicant's successor in interest shall provide the
Planning Board with documentation establishing such succession in
interest.
The applicant may appeal the Planning Board's selection
of an outside design review consultant to the Select Board. The grounds
for such an appeal shall be limited to claims that the consultant
selected has a conflict of interest or does not possess the minimum
required qualifications of an educational degree in or related to
the field at issue, or three or more years of practice in the field
at issue or a related field. The applicant must specify the specific
grounds which the applicant claims constitute a conflict of interest
or a failure to meet minimum professional requirements. The required
time limits for action on the application shall be automatically extended
by the duration of any appeal to the Select Board.