Town of Lexington, MA
Middlesex County
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Table of Contents
Table of Contents
Every application for a special permit or variance shall be made on the official form. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed.
A. 
Application for a variance, special permit or renewal of a special permit: one copy to be filed with the Town Clerk and six copies with the Board. The application for a variance shall include the identification of the applicable hardship.
[Amended 4-28-2005]
B. 
Appeal from decision of Building Commissioner or designee: file with Town Clerk with copy to Board.
C. 
Prior to filing with the Town Clerk, all applications for variances and special permits should first be reviewed by the Clerk of the Board to assure their compliance with the law and the rules and regulations of the Board.
A. 
Each application for a variance or special permit (except SP pursuant to § 135-12, Special permits with site plan review, of the Zoning Bylaw;[1] see Subsection C below) shall be accompanied by seven copies of the following described plan, dated, signed and bearing the seal of a registered surveyor or engineer.
(1) 
The size of the plan shall be no smaller than 8 1/2 inches by 11 inches nor larger than 24 inches by 36 inches drawn to scale.
(2) 
It shall have a North point, names of streets, zoning districts, names of owners of adjoining properties, property lines and location of buildings on adjacent properties.
(3) 
The location of buildings and distances from adjacent buildings and property lines shall be verified in the field and shown on the plan.
(4) 
The dimensions of the lot, the percentage of the lot covered by the principal and accessory buildings, the required parking spaces, entrances, exits, driveways, etc., shall be shown when pertinent to the granting of the relief requested.
[1]
Editor's Note: Section 3.4 will be renumbered as § 135-12 when the Zoning Bylaw is included in the Code as Ch. 135.
B. 
In appropriate instances the Board, upon request by the applicant, may waive or modify these plan requirements.
C. 
Site review (§ 135-12). The following additional stipulations shall apply to all cases involving site plan approval under § 135-12 of the Zoning Bylaw:
(1) 
The plan shall be submitted in accordance with the procedures set forth in § 135-12A and shall delineate all features required by § 135-12.
(2) 
The plan shall be drawn by a registered professional engineer, land surveyor or architect and be based on applicable deeds or plans recorded in the Middlesex Registry Deeds and shown on the plan. Any inconsistency or ambiguity in the deeds or plans shall be referred for ruling to the Town Counsel or to counsel designated and retained by the Board of Appeals at the expense of the petitioner.
(3) 
If the plan is submitted in multiple sheets, each sheet shall be identified to show its relation to the whole; e.g., "Sheet 2 of 4," etc.
(4) 
Each sheet of plans shall bear a legend stating its purport, the names of the owner and petitioner, the name of the engineer who made the plan with his registration number, the scale and the date.
(5) 
The site plan shall be accompanied by a plan or plans depicting each structure and its surroundings with the detail prescribed in Section 3.4.1. The floor area of each floor of each structure shall be calculated. The plans shall show clearly the number of parking spaces, driveways, drainage and provision for sewerage.
(6) 
Site plans shall be accompanied by written reports from the Lexington Health Department and Town Engineering Department and the Conservation Commission's order of conditions under the Wetland Protection Act. The Health Department shall certify the adequacy of provisions for disposal of sewage, surface water and other waste incident to the proposed use. This report shall be based on test borings, percolation tests or other substantial findings. The Town Engineering Department shall certify as to adequacy of driveways and parking. Reports shall be subject to review and acceptance by the Board of Appeals.
D. 
For a special permit dealing with signage, the applicant shall, prior to the hearing, meet with the Design Advisory Committee, or, if appropriate, the Historic Districts Commission, to obtain its recommendations.
[Added 4-28-2005]
All applications shall be accompanied by a check, payable to the Town of Lexington, for the filing fee as determined from time to time by the Board of Appeals and the Board of Selectmen.