9.1.1
Building Commissioner. The Building Commissioner appointed under
the provisions of MGL c. 143 and Chapter 753 of the Acts of 1968,
as amended, is hereby designated and authorized as the officer charged
with the interpretation and enforcement of this bylaw.
9.1.2
Violations. If the Building Commissioner is informed or has reason
to believe that any provision of this bylaw is being violated, he/she
shall make or cause to be made an investigation of the facts and inspect
the property where such violation may exist.
9.1.3
Enforcement. If upon such investigation and inspection he/she finds
evidence of such violation, he/she shall give notice thereof in writing
to the owner and occupant of said premises and demand that such violation
be abated within such time as the Building Commissioner deems reasonable.
Such notice and demand may be given by mail, addressed to the owner
at his address as it then appears on the records of the Board of Assessors
of the Town and to the occupant at the address of the premises.
9.1.4
Further Action. If after such notice and demand the violation has
not been abated within the time specified therein, the Building Commissioner
shall institute appropriate action or proceedings in the name of the
Town of Lexington to prevent, correct, restrain or abate such violation
of this bylaw.
9.1.5
Penalty. Anyone who violates a provision of this bylaw, or any condition
of a variance, site plan review decision or special permit, shall
be punishable by a fine of not more than $300 for each offense. Each
day during which any portion of a violation continues under the provisions
of this section shall constitute a separate offense.
9.2.1
Establishment. There shall be a Board of Appeals of five members
appointed by the Select Board for five-year terms. The Select Board
shall also appoint six associate members of the Board of Appeals.
The appointment, service and removal or replacement of members and
associate members and other actions of the Board of Appeals shall
be as provided for in MGL c. 40A.
[Amended 3-25-2019 ATM by Art. 37]
9.2.2
Powers. The Board of Appeals shall have and exercise all the powers
granted to it by MGL Chapters 40A, 40B, and 41 and by this bylaw,
including but not limited to the following:
1.
To hear and decide applications for special permits when designated
as the SPGA herein.
2.
To grant, upon appeal or petition, with respect to particular land
or structures or to an existing building thereon, a variance from
the terms of this bylaw where, owing to circumstances relating to
the soil conditions, shape or topography of such land or structures
and owing to conditions especially affecting such parcel or such building
but not affecting generally the zoning district in which it is located,
a literal enforcement of the provisions of this bylaw would involve
substantial hardship, financial or otherwise, to the appellant, and
where desirable relief may be granted without substantial detriment
to the public good and without nullifying or substantially derogating
from the intent or purpose of this bylaw. The Board of Appeals shall
not grant use variances.
3.
To hear and decide appeals taken by any person aggrieved by reason
of his inability to obtain a permit or enforcement action from any
administrative officer under the provisions of MGL c. 40A §§ 8
and 15 or by any person including an officer or board of the Town
aggrieved by an order or decision of the Building Commissioner or
other administrative official in violation of any provision of Chapter
40A or of this bylaw.
4.
To hear and decide comprehensive permits for construction of low
or moderate-income housing by a public agency or limited dividend
or nonprofit corporation, as set forth in MGL c. 40B, §§ 20
to 23.
5.
To consider and approve minor modifications to an approved special
permit, appeal, variance, or comprehensive permit. Minor modifications
shall be limited to changes that do not have a material impact on
the project permitted by the special permit, appeal, variance or comprehensive
permit, and do not grant any zoning relief not originally requested
or approved. Minor modifications shall be consistent with the Zoning
Bylaw. Minor modifications may be authorized by a majority vote of
the Board of Appeals. If the Board of Appeals in its review determines
that a requested modification constitutes a major modification, it
shall require the submission of an application for amendment requiring
a new public hearing pursuant to MGL c. 40A.
[Added 3-22-2023 ATM by Art. 38]
9.2.3
Rules and Regulations. The Board of Appeals may adopt rules and regulations
for the administration of its powers.
9.2.4
Fees. The Board of Appeals may adopt reasonable technical review
fees for petitions for special permits, variances, administrative
appeals, and applications for comprehensive permits in accordance
with its regulations.
9.3.1
Establishment. Pursuant to MGL c. 41 and Chapter 753 of the Acts
of 1968, there shall be a Planning Board of five elected members.
9.3.2
Powers. The Planning Board shall have and exercise all the powers
granted to it by MGL Chapters 40, 40A and 41 and by this bylaw, including
but not limited to the following:
9.3.3
Associate Member. The Planning Board shall elect an associate member
to serve for one year, or until replaced. The Chair of the Planning
Board may have an associate member sit on the Board for the purpose
of acting on a special permit, site plan review, or any other application
that may come before the Board, in the case of absence, inability
to act, or conflict of interest on the part of any member of the Planning
Board or in the event of a vacancy on the Board.
[Amended 11-7-2023 STM by Art. 11]
9.3.4
Rules and Regulations. The Planning Board shall adopt rules and regulations
not inconsistent with the provisions of the Zoning Bylaw for conduct
of its business and otherwise carrying out the purposes of said Chapter
40A and this bylaw, and shall file a copy of such rules in the office
of the Town Clerk.
9.3.5
Fees. The Planning Board may adopt reasonable administrative fees
and technical review fees for applications for special permits and
site plan approval in accordance with its regulations.
9.4.1
Special Permit Granting Authority (SPGA). The special permit granting authority (SPGA), as designated herein, may, in its discretion, grant a special permit for a use, building, structure, sign, off-street parking or loading, modification of dimensional standards, screening or landscaping, or other activity where it would not otherwise be permitted but only in those cases where this bylaw specifically refers to a change from the provisions of this bylaw by the granting of a special permit and only in those cases where the SPGA makes the finding and determination set forth in that Section and this § 9.4, if applicable. An applicant is not entitled to a special permit and the SPGA, in its discretion, may decline to grant a special permit if it is unable to make a positive finding and determination as required in § 9.4.2. The Zoning Board of Appeals shall serve as the SPGA, except as set forth below:
1.
The Planning Board shall serve as the SPGA for:
[Amended 3-23-2016 ATM
by Art. 38]
b.
All special permits in the Governmental-Civic Use (GC) District;
and
c.
When an activity or use requires both site plan review and one or
more special permits.[1]
[Amended 11-19-2020 STM
by Art. 14]
[1]
Editor's Note: Former § 9.4.1.2, which stated that the
Select Board shall serve as SPGA for the conversion of municipal buildings
in RD Districts, was repealed 4-25-2016 ATM by Art. 44. The term "Board
of Selectmen" was changed to "Select Board" 3-25-2019 ATM by Art.
37.
9.4.2
Criteria. Special permits shall be granted by the SPGA, unless otherwise
specified herein, only upon its written determination that the adverse
effects of the proposed use will not outweigh its beneficial impacts
to the Town or the neighborhood, in view of the particular characteristics
of the site, and of the proposal in relation to that site. The determination
shall include consideration of each of the following:
1.
Specific factors set forth elsewhere in this bylaw for the proposed
use or activity;
2.
Social, equity, diversity, public health, economic, or community
needs and impacts;
[Amended 11-8-2021 STM by Art. 13]
3.
Traffic flow and safety, including parking and loading;
4.
Adequacy of utilities and other public services;
5.
Neighborhood scale;
[Amended 11-8-2021 STM by Art. 13]
6.
Impacts on the natural environment; and
7.
Potential fiscal impact, including impact on Town services, tax base,
and employment.
9.4.3
Conditions for Approval of a Special Permit. In addition to the conditions, standards and criteria as may be set forth in the section of this bylaw that refers to the granting of the special permit, the SPGA may impose additional conditions and limitations as it deems necessary to ensure that the finding and determination that it must make under § 9.4.2 are complied with, including but not limited to:
1.
Dimensional standards more restrictive than those set forth in § 135-4.0;
2.
Screening or landscaping of principal or accessory uses from view from adjoining lots or from a street, by planting, walls, fences or other devices; planting of larger planting strips, with more or larger plant materials or higher walls or fences than that required in § 5.3;
3.
Modification of the exterior features or appearance of a building
or structure;
4.
Limitations on the size, number of occupants or employees, method
or hours of operation, extent of facilities or other operating characteristics
of a use;
5.
Regulation of the number, design and location of access drives or
other traffic features of the proposed use;
6.
Provision of a greater number of off-street parking spaces or loading bays, and with greater yard setbacks, landscaping and screening than the minimum standards set forth in § 5.1;
7.
Limitations on the number, location, type and size of signs or illumination,
or modification of the design features thereof;
8.
Limitations on construction activities, such as but not limited to,
the hours during which construction activity may take place, the movement
of trucks or heavy equipment on or off the site, and measures to control
dirt, dust, and erosion and to protect existing vegetation on the
site;
9.
Requirements for independent monitoring, at the expense of the applicant,
and reporting to the Building Commissioner, if necessary to ensure
continuing compliance with the conditions of a special permit or of
this bylaw;
10.
Limitations on the period of time the special permit shall be in
effect; and
11.
Such other limitation as may be reasonably related to reducing any
adverse impact on, or increasing the compatibility of the proposed
use, structure or activity with, the surrounding area.
9.4.4
Procedures. An application for a special permit shall be filed in
accordance with the rules and regulations of the SPGA.
9.4.5
Security for Special Permits.
1.
General. The SPGA, as a condition of granting a special permit, may
require that the performance of the conditions and observance of the
safeguards of such special permit be secured by one, or in part by
one and in part by the other, of the methods described in the following
provisions. The SPGA shall administer this securing of performance
by either:
a.
A proper bond or a deposit of money or negotiable securities or letter
of credit, sufficient in the opinion of the SPGA to secure performance
of the conditions and observance of the safeguards of such special
permit; or,
b.
A covenant running with the land, executed and duly recorded by the
owner of record, whereby the conditions and safeguards included in
such special permit shall be performed before any lot may be conveyed
other than by mortgage deed. Nothing herein shall be deemed to prohibit
a conveyance by a single deed, subject to such covenant of the entire
parcel of land, the development of which is governed by the special
permit.
2.
Reduction of security. Until completion of the development the penal sum of any deposit or security held under § 9.4 may from time to time be reduced by the SPGA to an amount not less than 15% of the value of work originally estimated.
3.
Release of security. Upon the completion of the development or upon
performance of the conditions and safeguards imposed by such special
permit, security for the performance of which was given, the applicant
shall send by registered mail to the SPGA an affidavit that the conditions
and safeguards in connection with which such security has been given
have been complied with. If the SPGA determines that the conditions
and safeguards of the special permit have been complied with, it shall
release the interest of the Town in such security, return or release
the security to the person who furnished the same, or release the
covenant by appropriate instrument, duly acknowledged. If the SPGA
determines that the conditions or safeguards included in the special
permit have not been complied with, it shall specify the conditions
or safeguards with which the applicant has not complied in a notice
sent by registered or certified mail to the applicant.
4.
Failure to act. If the SPGA fails to send such a notice within 60
days after it receives the applicant's affidavit, all obligations
under the security shall cease and terminate, any deposit shall be
returned and any such covenant become void.
5.
Failure to complete work. Upon failure of the applicant to complete
such work to the satisfaction of the SPGA and in accordance with all
applicable plans, regulations and specifications, the Town shall be
entitled to enforce such bond or to realize upon such securities to
the extent necessary to complete all such work without delay.
9.4.6
Lapse. Special permits shall lapse if a substantial use thereof or
construction thereunder has not begun, except for good cause, within
24 months following the filing of the special permit approval (plus
such time required to pursue or await the determination of an appeal
referred to in MGL c. 40A, § 17, from the grant thereof)
with the Town Clerk.
9.4.7
Modifications. Any modification to an approved special permit requires
prior approval from the SPGA. Certain requests may be considered as
a minor modification, authorized by a majority vote of the SPGA. Minor
modifications shall be limited to changes that do not have a material
impact on the project permitted by the special permit, appeal variance
or comprehensive permit, and do not grant any zoning relief not originally
requested or approved. Minor modifications shall be consistent with
the Zoning Bylaw. If the SPGA in its review determines that a requested
modification constitutes a major modification, it shall require the
submission of an application for amendment requiring a new public
hearing pursuant to MGL c. 40A.
[Added 3-22-2023 ATM by Art. 38]
9.5.1
Purpose. Site plan review is a means of managing the aesthetics and
environmental impacts of land use by the regulation of permitted uses,
not their prohibition. Its purpose is to assure protection of the
public interest consistent with a reasonable use of the site for the
purposes permitted in the district.
9.5.2
Applicability.
[Amended 3-25-2015 ATM
by Art. 51; 11-19-2020 STM by
Art. 11 (A, B and D)]
1.
This section applies to activities and uses for which site plan review
is required elsewhere in this Zoning Bylaw. The Planning Board or
its designee will conduct site plan review in accordance with this
section of the Zoning Bylaw and the Planning Board Zoning Regulations.
The following shall be exempt from site plan review:
a.
Any new or expanded buildings resulting in an increase in total gross
floor area of less than 2,000 square feet;
b.
Any new or expanded structures resulting in an increase in total
site coverage of less than 1,000 square feet;
c.
Any new or expanded parking areas resulting in eight or fewer additional
parking spaces; and
d.
Any use of lands, buildings or structures for educational purposes
by the Lexington Public Schools on land owned or leased by the Town
of Lexington or Lexington Public Schools.
9.5.4
Procedures for Site Plan Review.
1.
Applicants shall submit an application for site plan review to the
Planning Board.
2.
The Planning Board shall promulgate, after public notice and hearing,
Zoning Regulations to effectuate the purposes and intent of this provision
of this bylaw, including definitions of major and minor site plans
and delegating administrative review to the Board's designee that
will allow site plan review without a public meeting for minor site
plans.
[Amended 3-23-2016 ATM
by Art. 37]
3.
A public hearing shall be required for every major site plan review.
The hearing will be advertised in the local newspaper no less than
one week, and no more than two weeks prior to the public hearing.
Notice will also be sent to landowners within 300 feet of each affected
lot and published in the location designated for notices under MGL
c. 30A § 20(c) (the Open Meeting Law) at least two weeks
before the hearing.
[Amended 11-19-2020 STM
by Art. 11 (C)]
4.
The Planning Board or its designee shall review and act upon the
site plan, requiring such conditions as necessary to satisfy the Review
Standards and the Zoning Regulations, and notify the applicant of
its decision. The decision shall be in writing and shall be rendered
within 60 days (for a minor site plan review) and 150 days (for a
major site plan review) from the date of submission of a complete
application.
[Amended 3-22-2023 ATM by Art. 37]
5.
The applicant may request, and the Planning Board may grant by majority
vote as constituted, an extension of the time limits set forth herein.
6.
The applicant shall satisfy or comply with all conditions of the
site plan review decision prior to the issuance of a building permit
except for those conditions that by their terms are intended to be
satisfied during construction or later.
7.
Unless specifically authorized by the terms of the site plan review
decision, a final certificate of occupancy shall not be issued until
the applicant has complied with or satisfied all conditions of the
site plan review decision.
9.5.5
Review Standards. The Planning Board in its regulations shall establish standards for site plan review of activities and uses not covered by § 9.5.6 that will at a minimum address the following:
[Amended 4-10-2019 ATM by Art. 39; 3-31-2021 ATM by Art. 44]
1.
Siting of facilities;
2.
Sustainable, climate-sensitive, and environmentally conscious site
design practices;
3.
Open space, natural features, and the landscape, emphasizing the
function of natural, aesthetic, social, and recreational design;
[Amended 3-22-2023 ATM by Art. 39]
4.
Ecosystem
function;
5.
Circulation and connectivity that is safe and accessible for all;
6.
Effective
and efficient transportation systems and the adverse impacts of motor
vehicle transportation;
7.
Protection of surface and ground water quality;
9.
Historic significance;
[Amended 11-8-2021 STM by Art. 13]
10.
Impacts on public services and facilities;
11.
Signage;
12.
Safety; and
13.
Potential adverse effects of development.
9.5.6
Limited
Review Standards.
[Added 4-10-2019 ATM
by Art. 39]
1.
The Planning
Board in its Zoning Regulations shall establish reasonable standards
for site plan review of educational, religious, and child care uses
protected under MGL c. 40A, § 3.
2.
The standards shall not be more restrictive than those applied to activities and uses under § 9.5.5.
4.
The Planning
Board or its designee shall waive any standards which are not reasonable
as applied in a particular case or which effectively prohibit the
protected use.
5.
The Planning
Board or its designee may impose reasonable conditions necessary to
satisfy the standards not waived.[2]
[2]
Editor’s Note: Former Subsection 9.5.6.6, which immediately followed and exempted land or structures owned or leased by the Town or Lexington Public Schools and used by the Lexington Public Schools for educational purposes from site plan review requirements, was repealed 11-19-2020 STM by Art. 11 (A, B and D). See Subsection 9.5.2 for current provisions.
