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.