What to Expect

Public Hearing

The Board will schedule a Public Hearing after receipt of a complete submission. The Town Planner is responsible for publication of the legal notice and notice to abutters.

Action by the Board

The Board will approve with conditions or disapprove a Flexible Development Plan. A Certificate of Action will be filed with the Town Clerk and copy of the decision will be mailed to the Applicant.

Endorsement of Lotting Plan

Prior to endorsement of the Lotting Plan:

  • The statutory appeal period must be over without an appeal filed
  • All easements, deed restrictions, and other documents specified in the Special Permit conditions must be approved by the Planning Board and Town Counsel and executed
  • The Applicant has executed an Agreement and Contract with the Planning Board (forms to be provided by the Town Planner)
  • The Applicant must deposit the requisite amount of inspection fees with the Town, as detailed in the document “Project Review Fees”
  • All other conditions that were part of the approval and subject to action prior to endorsement must be satisfied

Time Limit on Approval of Flexible Development and Recordation of Plan

The Planning Board’s approval of a Flexible Development Plan will expire at the end of five months from the date of approval on the Certificate of Action unless: 

  • The Lotting Plan, Special Permit, Agreement/Covenant, and all easements and deed restrictions are recorded in the Middlesex South Registry of Deeds or with the recorder of the Land Court
  • Proof of recordation is provided to the Planning Board for each document and Plan including Instrument Number and Book and Page Number, stamped on the document(s)

Security

Security for roadway improvements, stormwater, and landscaping will be calculated by the Planning Board and its consulting engineer. Security for installation of water mains to the project will be calculated by the Department of Public Works. 

The Applicant may provide security to the Town by: 

  • A bond approved by the Planning Board and Town Counsel sufficient in the opinion of the Planning Board to secure performance of the construction
  • Deposit of money in the name of “Town of Weston,” in an amount sufficient in the opinion of the Planning Board to secure performance. Consult the Town Treasurer as to appropriate form
  • A Tri-party Agreement between the subdivider, the Planning Board, and the lender (the form of the Agreement approved by Town Counsel) in an amount sufficient in the opinion of the Planning Board to secure performance. 

See Planning Board Rules and Regulations (PDF) for further discussion.

Release of Lots for Sale, Conveyance, or Building

Lots in a Flexible Development will not be released for sale, conveyance or building until:

  • Proof of recordation of the Plan, easements, and other documents are satisfactorily furnished to the Board
  • All utilities have been installed in the road and binder course lain to the Board’s satisfaction
  • The storm drainage system has been installed to the Board’s satisfaction, according to the approved Plan
  • The Board retains sufficient surety

See Planning Board Rules and Regulations (PDF) for further discussion.

Release of Deposits

The Board may release from time to time a portion of the security deposited for the performance of contracts with the Board, provided that the work has been completed to the satisfaction of the Planning Board. The Planning Board has the sole discretion to determine the amount of security that will be released. 

Security may be released only after: 

  • The Board has received a written request from the subdivider
  • The Board has received confirmation from the Fire Chief, Department of Public Works, and the Planning Board‘s Consulting Engineer that the work has been satisfactorily completed.

See Planning Board Rules and Regulations (PDF) for further Discussion.

Withholding of Final Release

The Board shall withhold up to 50% of any security deposited until the Board is satisfied as to:

  • Pavement integrity after one winter 
  • Functional integrity of all parts of the drainage system
  • Permanent type grass, ground cover, and/or whatever landscaping has been specified by the Board on all areas
  • Shoulders and embankments intact
  • Provision of one reproducible of the full scale approved Flexible Definitive Subdivision Plan showing centerline elevations at 50-foot intervals of roads as built, all as built inverts of drainage systems as installed, all utilities as installed, and monuments as installed

In situations where top course is lain on the road but two or more houses in a Flexible Development have not been constructed, the Board will retain an amount of security, sufficient in its opinion, to ensure that the road is not damaged and completed in a fashion satisfactory to the Board. See Planning Board Rules and Regulations (PDF) for further Discussion.

Unless specified in these Regulations or conveyed to the Applicant by the Planning Board, the applicant should refer to the Design Standards promulgated in the Planning Board Rules and Regulations for Subdivision.

Street Signs

Street signs are approved by Planning Board and Weston Department of Public Works.

Water Supply

The Board will not approve a Flexible Development Plan unless water, suitable in the opinion of the Department of Public Works for fire protection and domestic use will be available throughout the development at a minimum standard of 750 gallons per minute open hydrant flow, with at least 20 pounds per square inch residual pressure. In addition, the applicant may be required to install booster pumps in buildings to assure at least 20 pounds per square inch pressure throughout such buildings.

Fire Alarm

Contact Weston Fire Department.

Lighting

Street lights are prohibited in a Flexible Development unless expressly approved for a particular development.

Street Monuments

Street Monuments shall be approved by the Planning Board as to type and location

Perimeter Boundary Monumentation

Perimeter Boundary Monumentation shall be approved by the Planning Board as to type and location

Stormwater

Stormwater shall be approved by the Planning Board and its consulting engineer as part of the approval process. Stormwater shall be retained on site with rate of runoff identical or less post development from predevelopment.

Septic System

Location of system, leaching area, and reserve area, and test pits and deep hole pits shall be witnessed and approved by the Weston Board of Health.

Additional Information

Any other information deemed necessary by the Weston Planning Board in order to make a decision on a Flexible Development.