Establish a list of necessary submittal documents relative to the
individual site plan review requirements, from preapplication submittal
through occupancy.
These regulations governing site plan review are adopted under § 135-9.5.4.2
of the Zoning Bylaw to create uniform procedures and standards for
reviewing site plans submitted to the Town.
Site plan review is intended to protect the health, safety, convenience,
and general welfare of the inhabitants of the Town of Lexington by
assessing potential impacts on municipal services and utilities, traffic,
the environment, and aesthetics by assuring that the same are adequately
considered.
Amendment. These regulations may be amended from time to time by
the Planning Board at any regularly scheduled public meeting, following
notice, and a public hearing as required by § 135-9.5.4.2
of the Zoning Bylaw.
Compliance. The Building Commissioner shall not issue a building
permit or certificate of occupancy under the Building Code for any
structure requiring site plan review unless the Planning Board or
its designee has approved the site plan and the structure complies
with all conditions of the approval.
Sketch plan. All applicants are encouraged to submit a sketch plan
to the Planning Office for review before applying to the Planning
Board. This review does not constitute a formal application for site
plan review. Before submitting a sketch plan, the applicant shall
contact the Planning Office to schedule an appointment with Town staff
to review the plan.
Development Review Team. The Planning Office will organize a Development
Review Team (DRT) meeting upon receipt of a sketch plan. The Planning
Office shall prepare a DRT summary for the applicant within 10 business
days of the meeting. Depending on the size, scale, and type of project,
a meeting with the Building Department, Fire Department, and Department
of Public Works may be scheduled in addition to the DRT.
Scope of review. Town staff will review the sketch plan to promote
greater efficiency in the formal review process. Such review will
be limited to technical issues in the areas of Town staff's expertise.
While Town staff may offer opinions on the viability of a particular
site modification, improvement or design, compliance with these regulations,
and the probability of securing waivers therefrom, all such comments
are nonbinding and should not be construed by the applicant as commitments
to later approval.
Neighborhood meeting. Projects proposing three or more dwelling units
within or abutting a residential district should hold at least one
neighborhood meeting to which parties in interest are invited prior
to filing an application with the Planning Board. The intent is to
provide an opportunity for applicants and neighbors to communicate
and work together prior to the public hearing. The applicant should
submit at the time of filing the application, a summary of the neighborhood
meeting that includes the details of the date, time, location, and
attendance of the meeting. Summary should also include a description
of information presented by the applicant, a list of questions and
issues raised, and efforts the applicant has made to respond to the
issues in the submitted proposal.
Approval. The Planning Board, or its designee in the case of a minor
site plan review, may approve an application subject to such reasonable
conditions as may be necessary or appropriate to:
Security and Future Compliance. Among its conditions, the Planning
Board, or its designee in the case of a minor site plan review, may
require adequate security by the applicant, in such form and amount
as may be determined by the Planning Board. This security ensures
the satisfactory completion of all improvements required by its site
plan approval, exclusive of those being made to privately owned structures.
The Planning Board, or its designee in the case of a minor site plan
review, may also require a formal commitment to future compliance,
including a monitoring program post-permit issuance for compliance
purposes for a time specified in the site plan approval.
The application is incomplete, as determined by the Planning Board
or Planning Office, and the applicant has been so notified and has
failed to remedy the application;
Lapse. Site plan approval shall lapse if a substantial use thereof
or construction thereunder has not commenced within three years following
the approval date, plus such time required to pursue or await the
determination of an appeal referred to in MGL c. 40A, § 17.
The Planning Board may grant an extension of time upon the applicant's
written request for a good cause.
Exterior construction or expansion of structures which results in
an increase of more than 5,000 square feet of total building gross
floor area in any three-year period;
Required Submittals. An applicant shall submit a major site plan
review application package in an electronic format to the Planning
Office. The following information shall be included in all major site
plan review applications unless waived:
Architectural plans, which include but are not limited to building
elevations, and color renderings of all sides of the proposed structures
which shall show and label exterior material types, such as roofing,
siding, and window details, including trim, to illustrate what the
proposal will look like from the public way and abutting views sufficient
to understand massing within context of the surroundings.
If applicable, the parking and transportation demand management (PTDM)
plan described in § 135-7.2.6 and proof of payment of the
transportation mitigation fee described in § 135-7.2.5.
A summary outlining the ways the applicant has responded to the requests
made during the DRT meeting or other meetings with other municipal
departments.
Proposals for mitigating measures or the construction of improvements
to address the impacts, except traffic impacts, of the proposed development
and to provide adequate capacity in Town facilities and services.
A list indicating which items on the LEED Core and Shell Checklist,
or equivalent scorecard, are intended to be included in the design
and construction of the building(s).
A narrative summary of any proposed on-site solar generation or other
energy efficient measures proposed or explored to reduce the project's
greenhouse gas emissions.
A copy, if any, of the determination of applicability issued by or the notice of intent filed with the Conservation Commission of the Town of Lexington under MGL c. 131, § 40, or Chapter 130 of the General Bylaws of the Town of Lexington.
For projects disturbing less than 10,000 square feet of land area, a construction period erosion, sedimentation, and pollution prevention plan as defined in § 181-75C.
Signage. For projects containing nonresidential uses, a preliminary
signage package showing proposed signage locations, general sizes,
and sign lighting.
Shadows. The Board may require the applicant to provide a shadow
study for any project proposing buildings taller than 45 feet in height.
The purpose of the shadow study is for the Board to understand the
impacts of the design.
For projects under § 135-6.9, alternative concept design
plans prepared by a registered landscape architect. Alternative concept
plans should demonstrate site design alternatives explored by the
applicant. This submission intends to ensure the applicant's final
proposal considered all design concepts to best protect and preserve
the natural, hydrological, and wetland resources, wildlife habitat,
forested areas, and mature trees.
A narrative summary describing any proposed inclusionary dwelling
units and preliminary floor plans showing the locations of the inclusionary
dwelling units.
Upon receipt of a complete application, the application will be circulated
to the Zoning Administrator, Conservation Director, Building Commissioner,
Sustainability and Resilience Officer, Fire Department, Police Department,
Historical Commission, and Engineering Department, requesting comments
by the first public hearing. For development applications within an
Historic District, the Board will seek comments from the Historic
Districts Commission by the first public hearing; filing with the
Historic Districts Commission is recommended prior to submission to
the Planning Board. Developments with inclusionary housing requirements
shall be provided to the Select Board, Regional Housing Services Office,
Housing Partnership Board, Affordable Housing Trust, Commission on
Disabilities, and Human Rights Commission.
Public hearing. The Planning Board shall conduct a public hearing,
as required by § 135-9.5.4.3 of the Zoning Bylaw. Subsequent
changes and revisions to application materials shall be prominently
identified and submitted with a narrative summarizing the changes
in the new submittal.
Filing time limits. The Planning Board shall provide a written decision
and file such a decision in the office of the Town Clerk within 150
days of the date of application. The required time limits for filing
such a decision may be extended by the applicant and the Board's written
agreement; a copy of such agreement shall be filed in the office of
the Town Clerk. Failure by the Board to act in the 150-day period
is considered approval of the major site plan. The applicant who seeks
such approval because of the failure of the Board to act in the time
prescribed shall notify the Town Clerk, in writing, within 14 days
from the expiration of said 150 days or extended time, if applicable,
of such approval.
Appeal. Any person aggrieved by a decision of the Board made under § 176-9.3
may appeal said decision to a court of competent jurisdiction under
MGL c. 40A, § 17.
Review Procedures. The Planning Office may require a Development
Review Team meeting prior to making a decision. Information presented
during DRT or staff meetings will be considered when making a decision.
Decision by the Designee. The designee, under the standards set forth
herein, reviews minor site plans. After reviewing the minor site plan,
the designee shall file a written decision within 60 days of receipt
of the application in the office of the Town Clerk and notify the
applicant of their decision. The required time limits for filing such
a decision may be extended by the applicant and the designee's written
agreement, and a copy of such agreement shall be filed in the office
of the Town Clerk. Failure by the designee to act in the sixty-day
period is considered approval of the minor site plan. The applicant
who seeks such approval because of the failure of the designee to
act in the time prescribed shall notify the Town Clerk, in writing,
within 14 days from the expiration of said 60 days or extended time.
Appeal. The decision of the designee on a minor site plan may be
appealed to the Planning Board. Such appeal shall be filed with the
Board within 14 days of the filing of the designee's decision with
the Town Clerk. The decision of the Planning Board on appeal shall
be filed with the Town Clerk within 60 days of the date the appeal
is filed. All costs of mailed notice and publication of notice shall
be borne by the party appealing the decision.
Limited Site Plan Review. Site plan review of uses protected under § 135-9.5.6
shall require only limited review. Site plan review shall be limited
in such circumstances to the imposition of reasonable regulations
concerning the bulk and height of structures, yard sizes, lot area,
setbacks, open space, off-street parking, and building coverage requirements.
Minor Site Plan Review Compliance. Site plan review shall follow
the procedures for a minor site plan in § 176-9.4, regardless
of whether the proposed change would otherwise meet or exceed the
threshold for major site plan in § 176-9.3.
Waivers. The Planning Board's designee shall waive any standards
that are not reasonable as applied in a particular case or effectively
prohibit the protected use. The designee may also make reasonable,
nonbinding recommendations to the applicant for changes in the site
plan, consistent with accepted and responsible planning principles.