Town of Lexington, MA SECTION 176-3.0 GENERAL REGULATIONS

[Amended 8-9-2023]

3.1 APPLICABILITY.

The regulations outlined in this section apply to all applications under these Regulations.

3.2 OWNERSHIP.

3.2.1 Consent of Owners Required for All Applications. The applicant must state the nature of its interest in the property, and all owners must sign any application. Where an owner is not a natural person, documents must be submitted indicating who has the authority to enter into an agreement on its behalf.

3.2.2 Rights of Others in Land. The Board's approval of an application does not affect any rights others may have in or to the land which is the subject of the application, nor does it give the applicant the right to perform work on land owned by others.

3.3 APPLICATIONS.

3.3.1 Contact with Town Departments through Planning Office. The Planning Office should be the point of contact for other Town departments when requesting information about site construction for developments subject to these regulations.

3.3.2 Preapplication Conference. Applicants are encouraged to hold a preapplication conference with the Planning Office staff. The purpose of the preapplication conference is for the staff to give an interpretation of these Regulations and an explanation of the Board's procedures. Review of applications occurs after an application is filed.

3.3.3 Application Submission. Per MGL c. 40A, § 9, applications for special permits must be filed with the Town Clerk and the Board, through the Planning Office. All other applications should be filed directly with the Board through the Planning Office; once deemed complete the Planning staff will forward the application to the Town Clerk. The Planning Office staff will commence its review and schedule the matter for action. The applicant must submit the application through the online application permit system and appropriate fees either through the online system or to the Planning Office.

3.3.4 Planning Director's Authority. The Planning Director is authorized to act on behalf of the Board in its authority to waive the submission of certain information or plans, provided that the Board may, during its review, request this information.

3.3.5 Complete and Correct Information. The applicant is responsible for the submittal of complete and correct information to the Board, which if not provided may constitute grounds for the rejection of an application for review, disapproval of an application or rescission of a previously approved application.

3.3.6 Extension of Action Deadline.

1. The Board may extend the time during which it must act on an application at the request of an applicant. The extension of time may be requested:

a. By a written request; or

b. By the mutual agreement of the applicant and the Board made at a meeting of the Board at which the applicant is present.

2. Where required by state law or a local bylaw, the Board will promptly notify the Town Clerk of any vote granting an extension of time.

3.3.7 Concurrent Applications. An applicant seeking approval of a subdivision plan, site plan review, and/or a special permit as part of one site development proposal may file a concurrent application for all if the application clearly identifies the separate provisions of the Subdivision Regulations and the Zoning Bylaw for which each application is sought. The Board, acting under the Subdivision Regulations and the Zoning Bylaw, may issue notices, conduct a concurrent hearing, and issue a consolidated decision clearly identifying the separate provisions of the Subdivision Regulations and Zoning Bylaw for which each application is granted.

3.3.8 Conferences and Site Visits. The Planning Office staff or the Board may request a site visit with the applicant. It may request that stakes or other similar markings be placed in the ground delineating the location of streets, interior drives, driveways, buildings, or other features to permit a better understanding of the proposed development. For buildings more than 45 feet in height, the Board may require an applicant to perform a balloon test in the field sufficient to illustrate the proposed height.

3.3.9 Receive All Permits and Rights. The failure, or inability, to receive all necessary permits, licenses, releases, or rights may constitute grounds for disapproval of an application.

3.3.10 Withdrawal of Application. An applicant may withdraw an application upon a written request approved by a vote of the Board. Later applications are treated as new applications and new fees must be paid.

3.4 WAIVERS.

The Board may waive strict compliance with specific provisions of these Regulations in accordance with the rules described below.

3.4.1 Application for a Waiver. An applicant requesting a waiver must submit the following with the application:

1. A written request that identifies the specific provision of these Regulations for which the waiver is requested; and

2. A narrative statement explaining how granting the waiver would be in the public interest and consistent with the intent and purpose of the Zoning Bylaw.

3.4.2 Effect of Not Requesting or Granting a Waiver. If a request for a waiver is not submitted and one or more features of an application do not follow these Regulations, or the Board does not grant the waiver, noncompliance may be the basis for disapproval of the application.

3.4.3 Decision on Request for a Waiver. The Board may make its approval of a waiver dependent on conditions that will achieve the objectives of the provision or standard waived. If the Board waives any provision or standard of these Regulations, it must:

1. Determine that its action is in the public interest and not inconsistent with the intent and purpose of the Zoning Bylaw and of these Regulations; and

2. Include specific reasons for its action in the decision approving the application.

3.5 DECISIONS.

3.5.1 Written Decision; Comments and Recommendations. Decisions on an application for approval of a special permit or site plan review will be written and filed with the Town Clerk. Copies of all decisions will be provided to the applicant.

3.5.2 Copies of Endorsed Plan. The applicant must furnish to the Town, and bear the expense of making, copies of any plan that is endorsed or approved with the signatures of the Board members, including one on Mylar for the Engineering Division and a black line print for the Board's files. The copies must be furnished to the Planning Office before the recording of the endorsed or approved plan.

3.5.3 No Alteration to Approved Plan. No alteration may be made to a plan after the Board has approved it unless made through approved change orders or modification as detailed in § 176-3.6.

3.6 REVISIONS TO APPLICATIONS AND DECISIONS.

3.6.1 Major and Minor Revisions. The Board determines whether proposed revisions are major or minor. The Board's policy is that a revision will be considered major if:

1. There is a substantial change in the impact of the development on municipal facilities or services; or

2. The timing of the proposed revisions, in relation to the public notification procedures per Massachusetts law and in these Regulations, affects the rights of abutters and other interested persons to be informed of a proposed development.

3.6.2 Revisions to Applications.

1. Minor revisions to an application before a decision may be handled in the regular review of the application.

2. Major revisions to an application before a decision may require an extension of the action deadline or readvertising the proposed change to allow for abutter notification.

3.6.3 Revisions to Decisions.

1. Minor revisions to a decision may be handled by a vote of the Board.

2. Major revisions to a decision require a new application.

3.6.4 Field Changes. Field changes are minor adjustments to decisions or approved plans based on actual conditions encountered in the field, such as shifting the location of a pipe or catch basin or substituting like and kind materials. Field changes are approved by the Planning Director, in writing.