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Planning Board adopts amendment clarifying when fire cisterns may be required

Bedford Planning Board · April 29, 2024
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Summary

The board adopted an amendment to Article 2‑36 (fire protection) that narrows the class of subdivisions that may be required to provide a fire cistern: the language specifies new developments creating more than three new lots outside the municipal water supply by over 1,200 feet may be required to provide a cistern upon recommendation of the fire chief.

The Bedford Planning Board voted April 29 to adopt an amendment to Section 2‑36 of the Bedford Land Development Control Regulations clarifying when a water cistern may be required for fire protection.

Planning staff explained the change was requested by the fire chief after several small subdivisions were asked to provide cisterns, which can cost up to about $150,000 and require land conveyance. The revised language would add a qualifier: new developments creating more than three new lots that are located more than 1,200 feet from a public water supply may be required to provide a fire cistern upon recommendation of the fire chief; the remainder of the language remains unchanged.

Board members discussed whether the proposed language meaningfully reduces discretion — the amendment keeps the word 'may' rather than converting it to 'shall' — but generally supported the change as a compromise that provides clearer notice to small developers while retaining some discretion for the fire chief in unusual cases. A motion to adopt the amendment was seconded and passed by voice vote.

Planning staff said the board can revisit the language if application of the standard proves difficult in practice.