Town of Randolph, MA Site Plan and Design Review

Provide a predictable and timely development review process to evaluate proposed site design layouts and site improvements on a parcel or group of parcels.

Enhance the social and economic viability of the Town by preserving property values, and promoting the attractiveness of the Town as a place to live, visit, and shop.

Integrate projects more effectively into the surrounding environment and provide a review process for land use changes, and changes in the appearance of structures, sites, and signage.

Encourage attractive development based on good design. Good design encourages clearly defined entryways, articulated rooflines to prevent monotony, pedestrian amenity areas, and concealment of unsightly mechanical structures from public view.

Encourage efficient, pedestrian-oriented design which effectively resolves the incompatibility between pedestrians and motorists while providing interconnectivity between buildings, parking areas and other internal/external components.

(6)

Encourage parking lot design which meets vehicular needs, while providing safe, efficient, comfortable pedestrian flow.

(7)

Encourage adequate landscaping that provides screening and shade for public benefit.

(8)

Encourage enhanced lighting design, to avoid forms of nuisance and intrusiveness into adjacent areas, while enhancing public safety.

(9)

Encourage the conservation of buildings and groups of buildings that have aesthetic or historic significance.

(10)

Promote alterations that are compatible with the existing environment and that are not inferior in quality or appearance.

(11)

Ensure reasonable use of property and design development consistent with the provisions of the Randolph Zoning Ordinances.

§ 200-91 Applicability.

There are three (3) tiers of site plan and design review depending on the type of use or activity and the scope of the project. The applicant shall meet all conditions imposed by the site plan and design review process prior to the issuance of a building or sign permit except for those conditions that are intended to be satisfied during construction or later.

Tier 1: Administrative Site Plan and Design Review. Conducted by the Planning Board's designee(s); a public meeting or hearing is not required. The designee may refer the project to the Planning Board if it is the determination of the designee that the potential impacts of the project require review by the Planning Board. The applicant may also request a Planning Board review. The thresholds for this review are:

Additions totaling less than or equal to two thousand five hundred (2,500) square feet to an existing nonresidential structure, which affect the exterior appearance of a structure or site.

Additional parking and parking lot design.

Modifications to the exterior of a nonresidential building, mixed-use structure or multifamily dwelling, including:

Changes to color.

Removal of trees greater than two (2) inches in caliper.

(c)

Removal of hedges and living shrubs.

(d)

Alterations, demolitions, removal or construction affecting the architectural appearance of the structure(s), signs or the site.

(e)

Changes to existing sign types and faces.

Tier 2: Planning Board Site Plan and Design Review. Conducted by the Planning Board at a regularly scheduled or special meeting. The thresholds for this review are:

All new nonresidential structures less than or equal to seven thousand five hundred (7,500) square feet.

Additions from two thousand five hundred one (2,501) square feet to seven thousand five hundred (7,500) square feet to all structures which affect the exterior appearance of a structure or site.

Tier 3: Public Hearing with Site Plan and Design Review.

Categories of projects for which the site plan and design review will be conducted by the Planning Board as a Tier 3 review at a noticed and advertised public hearing:

Any uses that require the granting of a special permit by the Planning Board, noted as "SPPB" in the Table of Allowable Activity.[1] In such a case, site plan and design review, if required, will be conducted by the Planning Board.

Editor's Note: The Table of Allowable Activity is included as an attachment to this chapter.

Projects that meet the following thresholds:

New structures over seven thousand five hundred (7,500) square feet. Site plan and design review will be conducted by the Planning Board following input received from Town departments, boards and commissions.

Additions to existing structures where the addition is greater than seven thousand five hundred (7,500) square feet. Site plan and design review will be conducted by the Planning Board following input received from Town departments, boards and commissions.

Categories of projects for which the site plan and design review will be conducted by the Town Council as a Tier 3 review at a noticed and advertised public hearing:

Any uses that require the granting of a special permit by the Town Council, noted as "SPTC" in the Table of Allowable Activity.[2] In such a case, site plan and design review, if required, will be conducted by the Town Council.

Editor's Note: The Table of Allowable Activity is included as an attachment to this chapter.

Projects that require a building permit and that meet the following thresholds:

Projects that will result in a residential or mixed-use development that will contain 25 or more newly-created dwelling units on a single parcel of land or on two (2) or more contiguous parcels in joint ownership.

Projects that will include any newly created residential dwelling unit(s) in any structure where the structure is greater than two and one-half (2 1/2) stories in height, except this provision shall not apply to single-family dwelling units, two-family dwelling units or dwelling units used as "in-law" accessory dwelling units.

The applicable acting body under this § 200-91 may retain a peer review engineering expert or other type of expert, as it sees fit, to assist in its review of the application and all associated matters. Any such costs shall be charged to the applicant. When the Town Council serves at the applicable acting body under this section, the Town Council may, in its discretion, request a technical review of the project plans by the Planning Board prior to acting on the site plan and design review application.

If a project qualifies for site plan and design review under multiple tiers, the highest tier of review shall apply. If a project qualifies for Tier 3 site plan and design review by both the Planning Board and the Town Council, the Town Council shall conduct the Tier 3 review. The provisions of this § 200-91 shall apply notwithstanding the applicability of the Table of Allowable Uses[3] to any given project or use.

For the purposes of this § 200-91, a structure shall not be limited to a "building" but shall include buildings, canopies, outbuildings and the like, and the total of these shall be used in the calculation of square footage.

Editor's Note: The Table of Allowable Activity is included as an attachment to this chapter.

§ 200-92 Special permits.

When an activity or use requires site plan and design review and one (1) or more special permits, then a public hearing pursuant to the provisions of MGL Chapter 40A and this chapter shall be held by the applicable special permit granting authority (SPGA). In such a case, that SPGA shall also conduct the site plan and design review for the proposed activity or use and the site plan and design review shall also be conducted at a public hearing. If the proposed activity or use requires a special permit from both the Planning Board and the Town Council, the Town Council shall conduct the site plan and design review.

Submission requirements for special permits shall be as specified in this chapter and in any procedural rules of the applicable acting body.

The Planning Board and Town Council, in their policies and procedures, shall establish standards for special permit approval consistent with Article VIII of this chapter.

§ 200-93 Procedures.

Applications and plans for site plan and design review shall be submitted to the applicable acting body and shall be prepared in accordance with the provisions of this chapter and policies and procedures of said body. The Town Council may rely on the policies and procedures of the Planning Board for site plan and design review applications or may promulgate its own policies and procedures.

As directed by the Planning Board, the Town Council or their respective designee(s), an applicant shall supply the technical data and study results to support the site plan and resulting findings.

In accordance with MGL c. 44, § 53G, the Planning Board or Town Council may require that applicants pay the reasonable cost (project review fee) for the employment of outside consultants to review a proposed site plan and/or an as-built plan. The project review fee may be used to engage experts, other than attorneys, as outside consultants to assist the applicable acting body in the technical evaluation of a site plan and/or an as-built plan.

Copies of the application and site plan will be circulated for review and comment to the appropriate Town departments or commissions, including Town Council. Town departments will have fifteen (15) days for Tier 2 projects and thirty (30) days for Tier 3 projects to forward comments to the applicable acting body.

Abutter notification shall take place in Tier 3 projects.

Abutters shall be notified in accordance with MGL c. 40A, § 11.

Proof of notification shall be required for a public hearing.

The Planning Board, Town Council or their designee(s) shall review and act upon the applications and may require conditions necessary to satisfy the review standards and maintain the intent of each zoning district.

Tier 1: A decision shall be made within forty-five (45) days of receipt of a complete accepted application, unless extended by mutual agreement. A report of the Planning Board designee's decision/findings shall be forwarded to applicable departments including Building, Conservation, DPW, Engineering, Fire and Health and a copy included in the building jacket. Failure of the Planning Board or its designee(s) to act within forty-five (45) days of a complete accepted application shall be deemed an approval.

Tier 2: The Planning Board, voting as a simple majority, shall render a decision within forty-five (45) days of a complete accepted application, unless extended by mutual agreement. A copy of a written decision shall be sent to applicable departments including Building, Conservation, DPW, Engineering, Fire and Health and a copy included in the building jacket. Failure of the Planning Board or its designee(s) to act within forty-five (45) days of a complete accepted application shall be deemed an approval.

Tier 3: The applicable acting body will hold a public hearing within sixty-five (65) days of receipt of a complete accepted application. The public hearing requirements of MGL c. 40A, § 11, shall be followed. The applicable acting body shall render a decision on the site plan and design review separately from any special permit decision. The site plan and design review decision shall be made within ninety days following the date of the public hearing. Any deadlines contained in this paragraph may be extended by mutual agreement. A copy of the certified decision, after the expiration of all statutory appeals periods, shall be sent to applicable departments including Building, Conservation, DPW, Engineering, Fire and Health and a copy included in the building jacket. Failure of the applicable body or its respective designee(s) to act within the required time periods shall be deemed approval.

The applicant shall obtain all other permits, licenses and approvals for the project from Town boards, committees, commissions and departments as applicable in the normal course.

§ 200-94 Standards and criteria.

The Planning Board, Town Council or their respective designee(s) shall review all site plans and design review applications and projects as described in this zoning ordinance in order to assess the degree to which a proposed project, use or activity is consistent with the site for the permitted use and whether it is permissible by the regulations of the zoning district in which it is located. The project is expected to conform to all provisions of this chapter, including meeting the criteria for granting any permit or special permit and all applicable Planning Board or Town Council policies and procedures.

Site development standards:

Preserves significant natural features.

Ensures adequate methods for sewerage, refuse and other wastes resulting from the uses on the site.

Provides stormwater management consistent with the requirements of the Stormwater Authority.

Ensures that utility connections are adequate and are connected from underground.

Parking meets the requirements of this chapter.

Design standards.

To promote the thoughtful design or redesign of buildings within the Town of Randolph, the design or redesign of buildings in Randolph shall acknowledge and respect the surrounding existing patterns of development and the Town's desired development patterns, open space and natural resources according to design principles including:

Enhancing the open space between existing and proposed buildings.

Promoting the visual and functional quality of the surrounding neighborhood.

(c)

Promoting pedestrian-friendly scales that link the development to the surrounding buildings, neighborhood and natural environment.

(d)

Providing buildings in scale and in proportion to the adjacent existing structures, open space and natural and man-made environment.

(e)

Visually relating proposed buildings to their surroundings with respect to:

Height.

Street facade.

Materials, texture and color.

Human scale.

Quality and quantity of open space.

[6]

Natural environment.

[7]

Spacing of buildings and signs.

[8]

Building proportions.

[9]

Quality of open space and land.

[10]

Handicapped pedestrian access.

Projects must meet the following building and site design criteria:

Facades.

No uninterrupted and/or unadorned length of any portion of a facade shall exceed thirty (30) linear feet (This measurement shall not apply to portions that are not visible to the public.). Interruptions of such continuous lengths of the facade shall include wall plane projections and/or recesses of not less than six inches in offset, and one (1) or more of the following architectural features:

Pilasters;

Columns;

Canopies/Porticos;

Arcades/Colonnades; and/or

[e]

Parapets and windows.

All facades shall include repeating patterns at intervals of no more than thirty (30) linear feet, horizontally or vertically. Such repeating patterns shall include:

Windows.

Color, texture, material module changes; and/or

Surface modeling changes such as offsets, reveals, or ribs no less than twelve (12) inches in width and one (1) inch in depth.

Materials and colors.

Industrial and/or utility grade metal wall panels, used as a finished material, shall be prohibited on facades. Metal doors, including overhead doors, are allowed where appropriate. Architectural metal panels and metal roofs are acceptable, subject to the determination of the applicable acting body or their respective designee(s) that the treatment meets the intent of this section.

Smooth-faced concrete or smooth-faced masonry units on facades shall have a decorative finish. Tilt-up concrete panels, prefabricated steel panels, or other similar non-glass smooth surfaced panels shall not be exposed.

The color palette is to be consistent with buildings in the surrounding area.

Colors chosen for signage are to be restricted to three (3) colors.

Colors for buildings, signage or other site features to be approved by the applicable acting body or their respective designee(s).

(c)

Entryways. Entrances shall be clearly defined and include at least two (2) of the following features: canopies/porticos, overhangs, recesses/projections, arcades, raised above-the-door cornice parapets, peak roof form, arches, outdoor patios, display windows, integrated architectural details such as tile work, moldings, planters or wind walls and/or landscaped sitting areas; and must be consistent with adjacent buildings and community features.

(d)

Roof treatments.

Buildings are required to have variations in the roofline and the roof features that are consistent with the building's mass and scale and with the surrounding buildings.

Rooftop equipment and heating, ventilation, air-conditioning (HVAC) units shall be concealed from public view.

(e)

Pedestrian circulation. All projects shall be pedestrian-oriented through design features that enhance pedestrian safety, efficiency, and connectivity, with a clear definition between vehicular areas and pedestrian walkways.

Sidewalks. Pedestrian connectivity between the project building entrances and parking areas, public sidewalks, outparcel buildings, and transit stops shall be clearly indicated through the use of landscaped areas and sidewalks which are made of materials such as scored concrete, pavers or bricks. All customer entrances shall include sidewalks along the full length of the facade.

Pedestrian amenity areas. All projects shall include design features such as pedestrian amenity areas, which should include well-landscaped sitting areas with design components such as seating elements and/or other amenities in shaded areas.

(f)

Parking areas. Parking lots and access aisleways shall be designed utilizing the following standards:

Parking lot design. Vast, unbroken parking lots are prohibited. Parking areas shall be designed to be broken up with landscape islands, pedestrian walkways, significant landscaping or geographic features and/or by the design components of the proposed building. Parking lot landscape islands shall include pedestrian amenities where appropriate to facilitate pedestrian connectivity.

Alternative parking lot designs incorporating natural resources are encouraged, subject to review by the applicable acting body or their respective designee(s).

Parking spaces. The number of parking spaces shall be determined in accordance with § 200-22 of this chapter and the Table of Dimensional Requirements.[1] Each parking space in excess of the minimum shall require additional landscaped areas of at least ten (10) square feet to be placed within the internal parking area and/or right-of-way buffer.

Editor's Note: The Table of Dimensional Requirements is included as an attachment to this chapter.

Parking spaces should be broken into groups of ten (10) or less with a requirement of two hundred (200) square feet of planted area for every one thousand (1,000) square feet of parking area. The planting area is to be located internal to the parking area. Landscape islands and medians may be used to meet this requirement. In situations where the acting body determines that it is impractical to provide internal landscaped area meeting the above requirements, the parking area may instead be provided with additional landscaped area that more effectively screens it from public view by providing greater depth and/or density to perimeter landscaping.

Parking lots, loading areas, storage areas, dumpsters, refuse collection and storage areas, and service areas shall be screened from view, from all public rights-of-way and all adjacent properties, by the use of landscaping buffers, berms, natural contours, fences or a combination of the above.

(g)

General landscaping requirements. The following landscaping standards shall be incorporated into the design of all projects:

Sod alone does not qualify as landscaping. All required landscaping must contain plants other than sod grasses, which may include shrubs, ornamental grasses, flowers, evergreens and trees.

Preservation and protection of existing native species of plant material is strongly encouraged. Existing native species and natural cover should be retained wherever possible. Where planting requirements for landscaped areas result in the need to add additional trees or shrubs in an existing natural area, there shall be minimum disturbance to native species.

Landscaping should be provided along and against all buildings to anchor it to the surrounding environment and to soften the structure. In-ground landscaping should comprise the majority of the landscaping requirements. Raised planters are acceptable when designed to accentuate the architecture and/or enhance pedestrian areas.

Dense landscaping and/or architectural treatments should be provided to screen unattractive views and features.

Screening could be accomplished by employing fences made of good-quality materials such as wood, steel, cast iron, with brick or stone masonry elements. The use of chain-link fence visible from public areas is strongly discouraged and requires approval of the applicable acting body or their respective designee(s).

[6]

As listed in the Table of Dimensional Requirements,[2] a landscaping buffer is required along any property line that is adjacent to a public right-of-way. The buffer shall be planted with shrubs, grass, and trees. Trees are to be planted based on standards delineated in Subsection B(2)(h) of this § 200-94.

Editor's Note: The Table of Dimensional Requirements is included as an attachment to this chapter.

[7]

A landscaping buffer no less than forty (40) feet wide, or as defined in § 200-33, should be provided to screen commercial and industrial uses from residential properties. The buffer should offer a minimum of sixty percent (60%) opacity. This may require larger quantities of plantings or the use of more mature plants.

[8]

Landscaping should minimize potential erosion through the use of plant materials which aid in soil stabilization.

[9]

Installation of all plant material shall conform to standard acceptable horticultural practices.

[10]

Where berms are used within a landscaped area, slopes shall not exceed thirty degrees (30°) and shall be completely covered with vegetation.

[11]

Maintenance of all landscaped areas shall be the sole responsibility of the property owner. Failure to maintain plantings and other features of the required landscaping areas in an attractive and healthy state shall be considered a violation of this chapter and subject to § 200-42.

[12]

All landscaping material shall meet the requirements of the clear sight area § 200-32 of this chapter.

[13]

For projects that are existing nonconforming uses or where existing development prevents strict compliance with this section, alternative design may be allowed at the discretion of the applicable acting body or their respective designee(s).

(h)

Landscape planting requirements.

Along roadways. A landscaped buffer area according to the Table of Dimensional Requirements[3] shall be established adjacent to any public road. The buffer area shall be a continuous area (except for approved accessways) planted with grass, shrubs and shade trees.

Plants shall be sound, vigorous, free from mutilation, plant disease, insect pests or their eggs, and fungus and shall have healthy, normal root systems. Plants shall be nursery-grown stock in containers or freshly dug, balled and burlapped.

In all districts where a planting strip or buffer strip is required, landscaping shall be required in the said strip at a minimum of one (1) tree per 30 lineal foot and must also include lower-level elements such as shrubs, perennials, hedges, fences, walls and/or planted berms.

Deciduous trees shall be at least two (2) inches in caliper as measured six (6) inches above the root ball at the time of planting.

[d]

Evergreen trees shall be a minimum of eight (8) feet in height at the time of planting.

[e]

Shrubs and hedges shall be at least thirty (30) inches in height at the time of planting.

[f]

Any plantings that do not meet the established standards must be reviewed by the applicable acting body or their respective designee(s).

Editor's Note: The Table of Dimensional Requirements is included as an attachment to this chapter.

Property lines. On all property lines, a landscaped buffer shall be provided and maintained as specified in § 200-33 and the Table of Dimensional Requirements.

The landscaped buffer shall be maintained by the owner of the property.

The buffer shall consist of shrubs and trees of a species common to the area and appropriate for screening.

Plants shall be sound, vigorous, free from mutilation, plant disease, insect pests or their eggs, and fungus and shall have healthy, normal root systems. Plants shall be nurserygrown stock in containers or freshly dug, balled and burlapped.

[d]

(Reserved)

[e]

(Reserved)

[f]

In all districts where a planting strip (or buffer strip) is required, landscaping shall be required in the said strip at a minimum of one (1) tree per 30 lineal foot and must also include lower-level elements such as shrubs, perennials, hedges, fences, walls and/or planted berms.

[g]

Deciduous trees shall be at least two (2) inches in caliper as measured six (6) inches above the root ball at the time of planting.

[h]

Evergreen trees shall be a minimum of eight (8) feet in height at the time of planting.

[i]

Shrubs and hedges shall be at least thirty (30) inches in height at the time of planting.

[j]

Any plantings that do not meet the established standards must be reviewed by the applicable acting body or its designee(s).

[k]

Plantings shall be sized and spaced to minimize visual intrusion.

Within the lot:

Large maturing trees shall be placed no closer than thirty-five (35) feet on center.

Smaller maturing trees shall be placed no closer than twenty (20) feet on center.

When spacing is limited or to achieve a certain effect, closer spacing may be considered. This applies to locations where large maturing evergreens are being used as a screen.

(i)

Outdoor lighting. Outdoor lighting is desirable where it will provide a sense of security, identify a street name or number or the edge of a walkway, cast an attractive shadow, and encourage use in a public area. However, illumination beyond the property boundaries shall not normally be allowed. Excessive lighting can create a harsh nighttime environment and interfere with a neighbor's privacy. The following standards shall apply.

Design lighting so that only the necessary brightness and distribution is used. Avoid wide zones of intense light. All lighting should be shielded, hooded and directed internal to the property.

Any malfunctioning lighting shall be promptly repaired or replaced.

Light fixtures in areas with vehicular traffic should be appropriate for the area and traffic flow. However, the height of the light fixtures should not exceed twenty five feet (25') above grade nor should they exceed the height of the adjacent buildings.

Wall packs may be used to accomplish lighting goals and shall be indicated on plans.

All locations of lighting fixtures and specification for lighting fixtures are to be approved by the applicable acting body or their respective designee(s).

[6]

Sign illumination is permitted between the hours of 7:00 a.m. and 11:00 p.m., except that signs of retail establishments may be illuminated during any hours they are open to the public as defined in § 200-54F(1).

§ 200-95 As-built plans.

On all Tier 2 and Tier 3 site plan and design review applications that include the construction of any structure as part of the approved plans, as-built plans shall be required. As-built plans may also be required in other circumstances as a condition established by the applicable acting body or their respective designee(s). No permanent occupancy permits shall be issued for any building or structure, or portion(s) thereof, until the following requirements have been met. A temporary occupancy permit may be granted if an applicant can demonstrate just cause.

The as-built plan shall be prepared by a Massachusetts registered professional land surveyor. The plan shall verify all above- and belowground improvements that were a part of the site plan approval. Any improvements that were specifically designed by a registered professional civil, structural, traffic, acoustic or other engineer shall include an affidavit attesting that the improvements were constructed and are functioning as approved.

The applicable acting body or their respective designee(s) shall verify that the work performed conforms to the approved site plan, including all conditions included as part of the approval. The services of an outside consultant may be engaged, pursuant to MGL c. 44, § 53G (see § 200-94 above), to certify that site plan approval conditions have been met.

The applicable acting body or their respective designee(s) may require security to be posted for any unfinished work. The security shall be posted with the Town Treasurer in the form of a certified check or bank check. The amount of security will be set by the applicable acting body. A date by which the work is to be completed will be established by the applicable acting body and will be noted on the temporary occupancy permit.

§ 200-96 Changes to approved site plan.

For the purposes of this section, an "approved site plan" shall mean any previously approved Tier 1, Tier 2 or Tier 3 approval. A copy of each request for modification to an approved site plan shall be forwarded to the Town Council upon receipt. This section shall also apply to modifications to any site plan approved under a prior version of this ordinance.

Tier 1.

Proposed modifications to a Tier 1 review shall be submitted to the Planning Board's designee in writing.

Modified site plans will, in most instances, be subject to the same review and approval procedures unless said modification triggers an additional level of approval.

If the requested modification triggers a Tier 1 review, the normal Tier 1 review deadlines and procedures shall apply. If the requested modification triggers a higher tier of review, the applicable deadlines and procedures for that higher tier of review shall apply.

The Planning Board or its designee shall determine which level of review a requested modification warrants. Such determination shall be made within fourteen (14) days after receipt of a written request for modification of an approved Tier 1 plan.

Failure by the Planning Board or its designee to make such a determination within the required time shall result in the modification request being treated and reviewed as a Tier 1 modification request, with deadlines calculated from the date the written modification request was filed.

Tier 2.

Proposed modifications to a Tier 2 approval shall be submitted to and reviewed by the Planning Board's designee in writing.

Modified site plans will, in most instances, be subject to the same review and approval procedures, unless said modification triggers an additional level of approval.

For minor modifications, the designee of the Planning Board, in consultation with the Planning Board chairperson, may determine that a particular modification does not warrant a meeting of the Board. In such a case, the Board's designee may approve minor modifications after determination that the proposed modification is not significant and is consistent with the previously approved site plan.

For major modifications, the Planning Board shall act at the Board's next regularly scheduled meeting following receipt of the written request for modification or within 14 days of receipt of the request, whichever is later. Failure by the Planning Board or its designee(s) to act on the request for determination of a Tier 2 modification within this time period shall be deemed as approved.

Tier 3.

Proposed modifications to a Tier 3 approval shall be submitted to the applicable acting body or their respective designee(s) in writing.

Modifications to approved site plans will, in most instances, be subject to the same review and approval procedures applicable during the initial Tier 3 review.

The applicable acting body may determine that a particular modification does not warrant an additional public hearing. Such determination shall be made by the applicable acting body at the next regularly scheduled meeting of the body following receipt of the written request for modification or within 14 days of receipt of the request, whichever is later. Such determination shall state that the proposed modification is not significant and is consistent with the approved site plan.

Failure of the applicable acting body to make such a determination within the applicable time period shall be deemed a determination that the request is minor and does not warrant additional public hearing.

Modifications that require a public hearing shall be reviewed at a public hearing scheduled in accordance with the normal Tier 3 review timeline, calculated from receipt of the written request for modification. Modifications that do not require a public hearing shall be acted on within 21 days of receipt of the written request for modification.

§ 200-97 Appeals.

Tier 1.

The Planning Board or its designee shall file a written decision on the Tier 1 application consistent with § 200-93 of this Ordinance, within 14 days after the decision is made.

Any person aggrieved by a Tier 1 decision made by the Planning Board designee may appeal to the Planning Board in writing within 20 days following the date of filing of the decision.

Any person aggrieved by a Tier 1 decision made by the Planning Board may appeal said decision to the Randolph Zoning Board of Appeals in writing within 20 days following the date of filing of the decision.

Tier 2.

The Planning Board shall file a written decision on the Tier 2 application. Such decision shall be filed with the Town Clerk within fourteen (14) days following the decision.

Any person aggrieved by a Tier 2 decision may appeal said decision to the Randolph Zoning Board of Appeals, in writing within 20 days following the date of filing of the decision.

Tier 3.

The applicable acting body shall file a written decision on the Tier 3 application. Such decision shall be filed with the Town Clerk within fourteen (14) days following the decision.

Any person aggrieved by a Tier 3 decision may appeal said decision to Norfolk Superior Court in accordance with MGL c. 40A, § 17.