HomeMy WebLinkAbout2014 ATM & STM AG BYLAW Approval MEMORANDUM
TO: Joseph N. Pato, Chairman - Board Sclectnaer .
r
FROM: Lonna M. Hooper, Town Clerk
DATE: July 22, 2014
RE: Office of the Attorney General By-Law Approvals
March 2014 Annual & June 2014 Special Town Meetings
This office has received notice from the Attorney General, dated July 21, 2014 and July 9, 2014,.
of approval of the amendments to the General Bylaws and Zoning By-Laws voted at the 2014
March. Annual Town Meeting and June 16, 2014 Special Town Meeting,
2014 March Annual Town Meetin
Zoning By-Law, Article 32—Amend Zoning By-l-mv-Technical
Article 27--Amend Zoning By-Law -Allow roar Corrections
Profit Educational Uses in The Neighborhood
Business and Residential Districts
Article 28—Amend Zoning By-Lawv—Allow For-
Profit Educational Uses in the Neighborhood
Business District and Reprove Size Limitation General Bylaw:
Article 30--Amud.Zoning By-Law—Medical Article 26--Amend General Bylaws Wetland
Marijuana Treatment Centers Protection
Article 31 —Arnend Zoiring By-Law—Site Plan
Review For Projects Over 10,000 SF
2014 June 16 Special "T"own. Meeting
Zoning Tay-Lain: General Bylaw:
Article 2- Amerrd Zonlrrg Bylaw-430 Concord Ave Article 66--Amend.General Bylaws— Contracts and
Deeds
Article 7 - Amend General Bylaws Regarding,
Reporting Period for Town Counsel's Annual Report
In accordance with Chapter 40, Section 32 of the Massachusetts General Laws, copies of
Attorney General approval of the By-Law articles so noted are being published in a Town
Bulletin, Amendments to the General. Bylaws take effect on the elate of Posting. Zoning By
Law amendments are deemed to have taken effect from the date voted by Town Meeting.
cc:
Town Manager Appeals, Board of
Deputy 'town Manager Health, Board of
Assistant Town Manager for Finance Conservation Commission
Town Counsel Building Commissioner
Planning Board Moderator
TOWN BULLETIN
RE: Office of the Attorney General
Approval of General Bylaw and Zoning By-Law Amendments of the
2014 March Annual Town Meeting & June 16, 2014 Special Town Meeting
DATE: July 22, 2014
Notification has been received from the Office of the Attorney General regarding action taken on
the approval of amendments to the General Bylaws and Zoning By-Law as voted at the 2014
March Annual Town Meeting and the June 16, 2014 Special Town Meeting.
2014 March Annual Town Meeting
Zoning By-Law:
Article 27—Amend Zoning By-Law—Allow For- Article 30—Amend Zoning By-Law Medical
Profit Educational Uses in The Neighborhood Marij Lia Ila Treatment centers
Business and Residential Districts Article 31 —Amend Zoning By-Law Site Plan
Article 28Amend Zoning By-LaNv—Allow For- Review For Projects Over 10,000 SF
Profit Educational Uses in the Neighborhood Article 32—Amend Zoning By-Lmy-Technical
Business District and Remove Size Limitation Corrections
General Bylaw:
Article 26—Amend General Bylaws—Wetland
Protection
2014 June 16 Special Town Mectin
Zoning By-Law:
Article 2-Amend Zoning Bylaw-430 Concord Ave
General Bylaw:
Article 6—Amend General Bylaws—Contracts and Deeds
Article 7 - Amend General Bylaws Regarding Reporting Period for Town Counsel's Annual Report
In accordance with Ch. 40 §32 of the Massachusetts General Laws, these amendments are hereby
posted in a public place in each precinct of the'rown for public inspection.
Maps and documents pertaining to Zoning Articles may be viewed at the Planning Office and
Town Clerk's Office.
Claims of invalidity by reason of any defect in the procedure of adoption or amendment of
Zoning Bylaws may only be made within ninety (lays of this posting. Copies of the Zoning
Bylaw and Map may be examined and obtained at the Planning Department Office in thcTown
Office Building, 1625 Massachusetts Avenue.
Attest:
Donna M. Hooper
ToNvn Clerk
2014 March Annual Town Meeting and June 16, 2014 Special Town
Meeting -- Attorney General Approvals of General Bylaw and
Zoning By-Law TOWN BULLETIN, cont...
Full text of Zoning By-Law Articles 27, 28, 30, 31, 32 and
Article 2 — Zoning Bylaws may be viewed on-line at
www.lexingtonma.gov/jRlanning/bylaws.cfm
or at the Planning Office and Town Clerk's Office.
Donna M. Hooper
Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
n F
r
rn OFFICE OF THE ATTORNEY GENERAL
o
CENTRAL MASSACHUSET I'S DIVISION
b 10 MECHANIC STREET, SUITE 301
WORCESTER, MA 01608
N'IARTHA C OAKLEY
ATTORNEY GENERAL (508)792-7600
(508)795-1991 !'ax
mm.mass.govlago
July 21, 2014
Donna M. 1-fooper, "Town Clerk
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02421
Re: Lexington Annual Tom,n Meeting of March 24, 2014 - Case#7104
Warrant Articles#27,28, 30,31, and 32 (Zoning)
Warrant Article #26 (General)
Dear Ms. Ilooper:
Articles 26,27, 28,30,31, and 32 - We approve these Articles firom the March 24, 2014,
Annual 'Town Meeting.
Note: Pursuant to G.I,. c. 40, § 32, neither general nor zoning by-laws take effect unless the town
has first satisfied the posting/publishing requirements of that statute. Once this statutory
duty is fulfilled, (1) general by-laws and amendments take effect on the date that these
posting and publishing requirements are satisfied unless a later effective (late is prescribed
in the by-law, and (2) zoning by-laws and ameiidinents are deemed to have taken effect
from the date they were voted by Town Meeting, unless a later effective slate is prescribed
in the by-law.
Very truly yours,
MARTHA COAKLEY
A'ITORNEYGENERAL
ac I f_11 i'*
Margaret J. Hurley, Assistant Attorney General
Chief, Central Massachusetts Office
Director, Municipal Law Unit
Office of the Attorney General
Ten Mechanic Street, Suite 301
Worcester, MA 01608
508-792-7600 x 4402
cc: Town Counsel William L. Lahey "ipUr. Copy ATTEST
'GOWN CLERK
LUXNGTON.MA
'iR1,11E COPY A'T TST
TOWN CLERK'S CERTIFICATE LA&M&
TOWN C RK
I,Donna M.Hooper,Clerk of the Town of Lexington,Massachusetts,hereby certify that at the adjourned sesshMGeTION,MA
20 t4 Annual Town Meeting held on April 9,2014,the following motion was adopted under ARTICLE 26.
ARTICLE 26: AMEND GENERAL BYLAWS—\4'ETLAND PROTECTION
MOTION: That the General Bylaws of the Town,Chapter 130 of the Code of the Town of Lexington, Wetland
Protection,be amended as set forth in the motion attached to the report of the Conservation Commission on this
article,a copy of which is on file with the Town Clerk and the Conservation Commission,and further that non-
substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the
numbering format of the Code of Lexington.
MOTION from Conservation Commission-ARTICLE 26
That the Wetland Protection Bylaw,Chapter 130 of the Code of the Town of Lexington,be amended by deleting in their entirety
Sections 130-2, 130-3, 130-7, 130-8,and 130-11 and replacing them with new Sections 130-2, 130-3, 130-7, 130-8 and 130.11,so
that the amended Bylaw will now read as follows, except that the underlined portions and the interlineations in the text below are
shown to indicate additions and deletions,respectively,to the current Bylaw text for illustrative purposes only and will not appear
as underlining or interlineations in the Bylaw, as amended by this motion,and further that the Town Clerk be authorized to make
non-substantive changes to the numbering of this Bylaw in order to make numbering conform to the numbering format of the Code
of the Town of Lexington.
Chapter 130,Wetland Protection
§ 130-1.Purpose. [Added 3-26-1997 ATM by Art.251
The purpose of this by-law is to preserve and protect the wetland resource areas and buffer zones of the Town of Lexington by
regulation of,and control of,activities deemed by the Conservation Commission to have significant or cumulatively detrimental
effect upon the following interests and values,including but not limited to: public or private water supply; groundwater supply;the
prevention and control of flooding,erosion or sedimentation,storm damage,other water damage and/or pollution;the protection
of surrounding land and other homes or buildings,aquatic life or wildlife,streams,ponds or other bodies of water,and recreation.
§ 130-2 Notice of Intent;Request for Determination of Minor Activity; Request for Determination of Applicability;Permit
Required.
(Amended 3-25-1985 ATM by Art.9; 3-26-1997 ATM by Art. 25;3-24-1999 ATM by Art. 15]
A.
No person shall remove, fill,dredge,build upon or alter any bank, freshwater wetland,marsh,bog,wet meadow,swamp,creek,
river,stream, pond,lake,vernal pool habitat, land under water bodies, land subject to flooding,or any land bordering thereon as
hereinafter defined,or riverfront area other than in the course of maintaining,repairing or replacing,but not substantially changing
or enlarging,an existing and lawfully located structure or facility used in the service of the public and used to provide electric,gas,
water,telephone,telegraph or other telecommunication services without first filing written notice of intent to so remove,fill,
dredge, alter or build upon,including such plans as may be necessary to fully describe such proposed activity and its effect on the
environment,and without receiving and complying with a permit issued by the Conservation Commission.
B.
If the proposed activity is in"land bordering thereon"but outside any other areaspecified in this section and consists only of minor
activities as hereinafter defined the applicant may file a re uest for determination of a licabili and of minor activi r in lieu of
the required notice of intent. In such a case the Conservation Commission will determine 1)whether this byla%v is applicable to the
proposed activity,2 if so whether the activity constitutes"minor activities"under this b slaw• or 3 whether a notice of intent is
required under this bylaw, If the bylaw is.inapRlicable to the proposed activi no further action is re wired. If the bylaw is
applicable to the proposed activity,but constitutes minor activities,the Conservation Commission will consider whether the
proposed activity,with or without conditions will have significant adverse impact on any of the interests and values set forth in
Section 130-1 of this by-law. If the Conservation Commission determines that it will not have such impact,the Conservation
Commission will issue a determination of minor activity and order of conditions imposing such conditions as are reasonably
necessaKy for the protection of those interests and values as described in Section 130-3(A)of this by-law. If the Conservation
Commission determines that the proposed activity will have significant adverse impact on any interests and values set forth in
Section 130-1 of this by-law,the Conservation Commission will require a Notice of Intent to be filed.
C.
To establish the extent of bordering vegetated wetland and other areas specified in this by-law, an applicant may an abbreviated
notice of resource area delineation for the confirmation of a delineated boundary of those areas on the site prior to filing a request
for determination of applicability and of minor activi a request for determination of applicability or a notice of intent for pronosed
work. Alternatively,such boundary may be determined through the filing of a notice of intent,as set forth above..
DB-.
Any request for determination of applicability and of minor activi request for determination of applicability or notice of intent for
ro osp r_edwork Said notice shall be sent by certified mail to the Conservation Commission or filed at the Conservation Office in
accordance with the general filing procedures.Each such notice or request shall be accompanied by a filing fee to be determined in
accordance with a fee schedule adopted by the Conservation Commission payable to the Town of Lexington. Such notice or request
may be sent before any or all permits,variances and approvals required by the Zoning By-Law or by the Subdivision Control Law
and the regulations of the Planning Board thereunder have been obtained.
TRUE COPY AT17US 1
EE.
!quest of aoy-Pe=ao=i— Within 21 days of the receipt of any request for determination of applicability and of mi
activity,or any request for determination of applicability,the Conservation Commission shalt Ft''..n,..r�l-d als make a written
determination as to whether this by-law is applicable to any land or work thereon, Where the-streh person requesting such a TOWN CLERK-
determination is other than the owner of the property at issue notice of any such determination shall be sent to the owner and joMMN,MA
person making such request.
§ 130-3.Hearing;notice; right of entry. [Amended 3-26-1997 ATM by Art.25;3-24-1999 ATM by Art. 151
The Conservation Commission shall hold a public hearing on the proposed activity within 2138 days of the receipt of said request
for determination of applicability and of minor_actiyity or of a notice of intent in any case where this bylaw applies.Legal notice of
the time and place of said hearing shall be given by the Conservation Commission at the expense of the applicant not less than five
days prior to such hearing by publication in a newspaper of general circulation in Lexington,and by delivering or mailing a notice
thereof to the applicant,to the Board of Health,Board of Selectmen,the Town Engineer,Building Commissioner,Zoning Officer
and the Planning Board, and to such other persons as the Conservation Commission may determine.Notice of the time and place of
said hearing shall be given by the applicant,not less than five days prior to such hearing,to abutters within 100 feet of the property
or lot(as determined by the most recent Assessor's records)on which the proposed activity is to take place,The Conservation
Commission,the Town Manager,the Town Engineer,the Building Commissioner,the Zoning Officer,the Planning Board,their
agents,officers and employees may enter upon privately owned land without liability of any kind for the purpose of performing the
duties under this by-law.
A.
If considering a request for determination of applicability and of minor activity,after said hearing,the Conservation Commission
shall determine whether the activity constitutes"minor activities"and whether a notice of intent is required,as described in section,
130-2(B)of this by-law. If the Conservation Commission determines that no notice of intent is required,the Conservation
Commission will issue a determination of minor activity and order of conditions by written_order,within 21 days or such further
time as the Commission and the applicant shall agree on either: 1 finding that the proposed work constitutes"minor activities"
and that no conditions are required;or 2)to impose any such conditions as are reasonably necessary for the protection of the
interests described herein and all work shall be done in accordance therewith. The conditions may include, but are not limited to,a
condition that certain land or portions thereof not be built upon or altered filled or dredged,that streams not be diverted dammed
or otherwise disturbed,
B.
A When reviewing a notice of intent,i1f,after said hearing,the Conservation Commission determines that the land on which the
proposed work is to be done is probably significant to public or private water supply,to the groundwater supply,to flood control,to
control of erosion or sedimentation,to storm damage prevention,to other water damage prevention,to the prevention of pollution,
to the protection of surrounding land and other homes or buildings,to aquatic life or wildlife,to the protection of streams,ponds or
other bodies of water,or to the protection of recreation,the Commission shall,by written order,within 21 days or such further time
as the Commission and the applicant shall agree on,impose such conditions as are reasonably necessary for the protection of the
interests described herein and all work shall be done in accordance therewith.The conditions may include but are not limited to a
condition that certain land or portions thereof not be built upon or altered, filled or dredged,that streams not be diverted, dammed
or otherwise disturbed. [Amended 3-25-1985 ATM by Art.9; 3-26-1997 ATM by Art. 25;3-24-1999 ATM by Art.151
C.
When reviewing a notice of intent,ilf the Conservation Commission makes a determination that the proposed activity does not
require the imposition of such conditions,the applicant and all others who have received notice of such hearing by mail shall be
notified of such determination within 21 days after said hearing.
D.
The Conservation Commission shall not impose additional or more stringent conditions as a result of any hearing conducted by it
pursuant to Massachusetts General Laws(M.G.L,)Chapter 131, Section 40 than it has imposed pursuant to the provisions of this
by-lacy,nor shall it require from an applicant who filed a notice of intent pursuant to M.G.L, Chapter 131,Section 40 additional
materials or data than is required of him pursuant to the application filed under this by-law. [Amended 3-26-1997 ATM by Art.25;
3-24-1999 ATM by Art. 151
§ 130-4.Exceptions. [Amended 3-25-1985 ATM by Art. 9;3-24-1999 ATM by Art. 151
This By-Law shall not apply to any emergency project as defined in M.G.L. Chapter 131,Section 40,to any mosquito control
project authorized by any laws of the commonwealth or to any work performed for normal maintenance or improvement of
land actively devoted to agricultural use at the time of application,
§ 130-5.Enforcement.
Any person who purchases, inherits or otherwise acquires real estate upon which work has been done in violation of the
provisions of this by-law or in violation of any order issued under this by-law shall forthwith comply with any such order or
restore such land to its condition prior to any such violation;provided,however,that no action,civil or criminal,shall be brought
against such person unless such action is commenced within three years following the recording of the deed or the date of the
death by which such real estate was acquired by such person.The Town Manager and the Board of Selectmen shall,upon request
of the Conservation Commission, instruct Town Counsel to take such legal action as may be necessary to restrain a violation of
this by-law,and enforce the orders of the Conservation Commission hereunder,and the Town Counsel shall forthwith comply
with such instructions.
§ 130-6, Rules and regulations.
The Conservation Commission may promulgate after due notice and public hearing rules and regulations to effectuate the
purposes of this by-law. However,failure by the Commission to promulgate such rules and regulations or a legal declaration of
their invalidity by a court of law shall not act to suspend or invalidate the effect of this by-law.
§ 130-7.Burden of proof. {Amended 3-26-1997 ATM by Art.25;3-24-1999 ATM by Art. 151
The applicant requestin a determination of applicabili1y and of minor activity shall have the burden of proving b a
preponderance of the credible evidence that the work proposed by the applicant will not cause significant individual or cumulative
harmful effects to the interest sought to be protected by this by-law,as described in section 130-2(B)of this by-law.
The applicant on a notice of intent shall have the burden of proving by a preponderance of the credible evidence that the work TRUE COPY ATM-11
proposed by the applicants in the h4-s notice of intent will not cause significant individual or cumulative harmful effects to the
interest sought to be protected by this by-law. In assessing cumulative harmful effects,the Commission may consider the likely
long-term effects of the proposed work as well as the likely effects of the proposed work when taken in conjunction with any &-�&AVTW
prior work and any contemplated future work in the affected area,Failure to provide to the Conservation Commission adequate Tl)"CLERK
evidence for it to determine that the proposed work will not cause significant harm to the interest sought to be protected by this LEXINGTON.MA
by-law shall be sufficient cause for the Conservation Commission to deny such permit or to grant such permit with such
conditions as it deems reasonably necessary or desirable to carry out the purposes of this by-law or to postpone or continue the
hearing to another date certain to enable the applicant and others to present additional evidence,upon such terms and conditions
as seems to the Commission to be just,
§ 130-8.Definitions. [Amended 3-25-1985 ATM by Art.9;4-4-1990 ATM by Art.35;3-23-1992 ATM by Art.25;3-26-
1997 ATM by Art.25;3-24-1999 ATM by Art. 151
The following definitions shall apply in the interpretation and implementation of this by-law:
A. The term"applicant" as used in this by-law shall mean a person giving notice of intent to build,remove,fill,dredge or
alter or requesting a determination of applicability and of minor activity.
B. The term"person" as used in this by-law shall include any individual,group of individuals,associations,partnerships,
corporations,business organizations,trust, estate,Commonwealth of Massachusetts when subject to Town by-laws,any public or
quasi-public corporation or body when subject to Town by-law or any other legal entity, including the Town of Lexington or its
legal representatives,agents or assigns,
C. Protected resource areas definitions.
(1) The terms "marsh," "freshwater wetland," "swamp," "wet meadow" and "bog"as used in this by-law shall be defined as
set forth in M.G.L. Chapter 131, Section 40 and its regulations 310 CMR 10.04. Said resource areas shall be protected whether
or not they border surface waters.The boundary of these wetlands is either the line within which 50%or more of the vegetation
community consists of wetland plant species identified in M.G.L. Chapter 131, Section 40 or the line within which the soil
conditions meet the technical criterion of a hydric soil as developed and revised by the National Technical Committee for
Hydric Soils,whichever line or segment of line protects more wetlands in situations where two lines exist. [Amended 4-8-2002
ATM by Art.22]
(2) The terms"river"and "riverfront area" as used in this by-law shall be defined as set forth in M.G.L.Chapter 131,
Section 40 and its regulations 310 CMR 10.04.
(3) The terms"bank," "creek," "stream," "pond," "take," "vernal pool habitat," "land under water bodies,"and
"bordering land subject to flooding"shall be defined as set forth in the regulations 310 CMR 10.04 of M,G,L.Chapter 131,
Section 40,
[Amended 4-8-2002 ATM by Art.221
(4) "Land bordering thereon' shall be defined including any land within either of the following:
(a) One hundred feet horizontally lateral from the edge of any bank,freshwater wetland, bog,marsh,wet meadow,
swamp,creek,river,stream, pond,lake,vernal pool habitat,land under water bodies or Land subject to flooding.
(b) One hundred feet horizontally lateral from the water elevation of the one-hundred-year storm or whichever is the
greater distance of Subsection C(4)(a) or(b).
(5) The term"isolated land subject to flooding"shall mean an area,depression or basin that holds at minimum one-
eighth acre foot of water to an average depth of at least six inches once a year.This shall not include swimming pools,
artificially lined ponds or pools,or constructed wastewater lagoons.[Added 4-8-2002 ATM by Art.221
D. The word "alter"shall be defined as including but not limited to one or more of the following actions upon areas
described in this by-law:
(1) The removal,excavation or dredging of soil, sand,gravel or aggregate material of any kind;
(2) The changing of pre-existing drainage characteristics,flushing characteristics,salinity distribution,sedimentation
patterns,flow patterns and flood storage retention areas;
(3) The drainage or disturbance of the water level or water table,the dumping,discharging or filling with any material
which could degrade the water quality;
(4) The driving of piling,erection of buildings or structures of any kind;
(5) The placing of obstructions whether or not they interfere with the flow of water;
(6) The destruction of plant life, including the cutting of trees,which might result in environmental damage to the land or a
part thereof rendered by this by-law;
(7) The changing of water temperature,biochemical oxygen demand and other natural characteristics of the receiving water;
(8) Any activities,changes or work which pollutes any stream or body of water,whether located in or out of the Town of
Lexington.
E. The term "minor activities"as used in this by-law includes:
1 Structures that add no more than I00 square feet of impervious surface and are located at least 50 feet from any area
specified in Section 130-2.A except"land bordering thereon;"
(2)Landscape planting tree removal, invasive species management, or utility connections,providing that all such activities
take place at least 25 feet from any areaspecified in Section 130-2.A exce t"land bordering thereon"
3 Any minor activt listed in 310 CMR 10:02(2)(b)(1),provided that any structure listed there add no more than 100 square
feet of impervious surface,
F.The Conservation Commission may in its rules and regulations provide such other definitions,or terms used in this by-iaw,as
it deems useful in order to carry out its obligations under this by-law.
§ 130-9. Fee for consultant services. [Added 3-24-1999 ATM by Art. 151
A. Upon receipt of a permit application,the Conservation Commission is authorized to require an applicant to pay a fee for
the reasonable costs and expenses borne by the Commission for specific expert engineering and other consultant services deemed
necessary by the Commission to come to a final decision on the applicant.The specific consultant services may include but are not
limited to resource area survey and delineation,analysis of resource area values,including wildlife habitat evaluations,
hydrogeologic and drainage analysis,and environmental or land use law.
B. The Commission may require the payment of the consultant fee at any point in its deliberations prior to a final decision in
accordance with rules and regulations adopted by the Conservation Commission.The exercise of discretion by the Commission
making its determination to require the payment of a consultant fee shall be based upon its reasonable finding that additional
information acquirable only through outside consultants would be necessary for the making of an objective decision.
§ 130-10. Security.
The Conservation Commission may,as part of its order of conditions,require, in addition to any security required by any other
town or state board,commission, agency or officer,that the performance and observance of the conditions imposed hereunder be
secured by one,or in part by one and in part by the other of the methods described in the following Subsections A and B:
A. By a proper bond or a deposit of money or negotiable securities,sufficient in the opinion of the Conservation
Commission to secure performance of the conditions and observance of the safeguards of such order of conditions.
B. By a covenant,executed and duly recorded by the owner of record,running with the land, whereby the conditions and
safeguards included in such order of conditions shall be performed before any lot may be conveyed other than by mortgage
deed.
§ 130-11. Order of conditions. [Added 3-26-1997 ATM by Art.25; amended 3-24-1999 ATM by Art. 151
A. All orders of conditions shall expire three years after the date of issuance.The Conservation Commission shall have the
authority to extend an order of conditions for an additional period or may deny such extension, according to regulations
promulgated under authority of this by-law.
B. For good cause,the Conservation Commission at a public hearing may revoke or modify an order of conditions,a
determination of minor activity and order of conditions or a determination of applicability issued under this by-law, after
notice to the holder of the order of conditions or determination of applicability,and notice to the public,abutters and town
boards,pursuant to § 130-3. Good cause for such revocation or modification shall include the following;
(1) Failure by the applicant or his successors to comply with the terms of the order of conditions,determination of minor
activity and order of conditions or determination of applicability;
(2) The receipt of now information relating to the project,which indicates that previous information presented to the
Conservation Commission was inaccurate; or
(3) Changes to the project after completion of the Conservation Commission's review.
§ 130-12.Violations and penalties, JAmended 3-25-1985 ATM by Art. 91
Whoever violates any provision of this by-law shall be punished by a fine of not more than$300. Each day or portion thereof of
continuing violation shall constitute a separate offense.This by-law may be enforced by any town police officer or other officer
having police powers.
§ 130-13.Severability. [Amended 3-25-1955 ATM by Art. 91
The invalidity of any section or provision of this by-lativ shall not invalidate any other section or provision thereof, nor shall it
invalidate any order of conditions which has previously become final.
Declared Adopted— 176 in supp , 1 opposed, TRUE COPY A31,r,ST
f
A true copy. ; � J f f�
Attest: !!! 111
Donna M. Hooper,Town Clerk 'SOWN CLERK
LEXINGTON,MA
ARTICLE 26—WETLAND PROTECTION—BYLAW AS AMENDED
2014 Annual Town Meeting
TRUE COPY ATTEST
&M--kAVPV
TOWN CLERK
Chapter 130, Wetland Protection LEXINGTON,MA
§ 130-1.Purpose. [Added 3-26-1997 ATM by Art. 251
The purpose of this by-law is to preserve and protect the wetland resource areas and buffer zones of the
Town of Lexington by regulation of, and control of, activities deemed by the Conservation Commission
to have significant or cumulatively detrimental effect upon the following interests and values, including
but not limited to: public or private water supply; groundwater supply; the prevention and control of
flooding, erosion or sedimentation, storm damage, other water darnage and/or pollution;the protection
of surrounding land and other homes or buildings, aquatic life or wildlife, streams, ponds or other bodies
of water, and recreation.
§ 130-2 Notice of Intent; Request for Determination of Minor Activity; Request for Determination of
Applicability; Permit Required.
[Amended 3-25-1985 ATM by Art. 9; 3-26-1997 ATM by Art. 25; 3-24-1999 ATM by Art. 15]
A.
No person shall remove, fill, dredge, build upon or alter any bank, freshwater wetland,marsh, bog,wet
meadow, swamp, creek, river, stream, pond, lake, vernal pool habitat, land underwater bodies, land
subject to flooding, or any land bordering thereon as hereinafter defined, or river&ont area other than in
the course of maintaining, repairing or replacing, but not substantially changing or enlarging, an existing
and lawfully located structure or facility used in the service of the public and used to provide electric, gas,
water, telephone, telegraph or other telecommunication services without first filing written notice of
intent to so remove, fill, dredge, alter or build upon, including such plans as may be necessary to fully
describe such proposed activity and its effect on the environment, and without receiving and complying
with a permit issued by the Conservation Commission.
B.
If the proposed activity is in "land bordering thereon"but outside any other area specified in this section,
and consists only of minor activities as hereinafter defined, the applicant may file a request for
determination of applicability and of minor activity in lieu of the required notice of intent. In such a case,
the Conservation Commission will determine 1)whether this bylaw is applicable to the proposed activity;
2) if so, whether the activity constitutes"minor activities" under this bylaw; or 3)whether a notice of
intent is required under this bylaw. If the bylaw is inapplicable to the proposed activity, no further action
is required. If the bylaw is applicable to the proposed activity, but constitutes minor activities, the
Conservation Commission will consider whether the proposed activity,with or without conditions, will
TRUE COPY ATT'�S7
Appendix A CLERK
GTQN.MA
MOTION UNDER ARTICLE 26
That the Wetland Protection Bylaw, Chapter 130 of the Code of the Town of Lexington, be
amended by deleting in their entirety Sections 130-2, 130-3, 130-7, 130-8, and 130-11 and
replacing them with new Sections 130-2, 130-3, 130-7, 130-8 and 130-11, so that the amended
Bylaw will now read as follows, except that the underlined portions and the interlineations in the
text below are shown to indicate additions and deletions, respectively, to the current Bylaw text
for illustrative purposes only and will not appear as underlining or interlineations in the Bylaw,
as amended by this motion, and further that the Town Clerk be authorized to make non-
substantive changes to the numbering of this Bylaw in order to make numbering conform to the
numbering format of the Code of the Tow of Lexington.
Chapter 130, Wetland Protection
§ 130-1. Purpose. [Added 3-26-1997 ATM by Art. 25]
The purpose of this by-law is to preserve and protect the wetland resource areas and buffer zones of the
Town of Lexington by regulation of, and control of, activities deemed by the Conservation Commission
to have significant or cumulatively detrimental effect upon the following interests and values, including
but not limited to: public or private water supply; groundwater-supply; the prevention and control of
flooding, erosion or sedimentation, storm damage, other water damage and/or pollution; the protection
of surrounding land and other homes or buildings, aquatic life or wildlife, streams, ponds or other bodies
of water, and recreation.
§ 130.2 Notice of Intent; Request for Determination of Minor Activity, Request for Determination of
Applicability;Permit Required.
[Amended 3-25-1985 ATM by Art. 9; 3-26-1997 ATM by Art. 25; 3-24-1999 ATM by Art. 151
A.
No person shall remove, fill, dredge, build upon or alter any bank, freshwater wetland, marsh, bog,wet
meadow, swamp, creek, river, stream, pond, lake, vernal pool habitat, land underwater bodies, land
subject to flooding, or any land bordering thereon as hereinafter defined, or riverfront area other than in
the course of maintaining, repairing or replacing, but not substantially changing or enlarging, an existing
and lawfully located structure or facility used in the service of the public and used to provide electric, gas,
water, telephone,telegraph or other telecommunication services without first filing written notice of
intent to so remove, fill, dredge, alter or build upon, including such plans as may be necessary to fully
describe such proposed activity and its effect on the environment, and without receiving and complying
with a permit issued by the Conservation Commission.
TOWN CLERK'S CERTIFICATE
1, Donna M. Hooper, Clerk of the Town of Lexington, Massachusetts, hereby certify that at the
adjourned session of the 2014 Annual Town Meeting held on March 26, 2014,the following motion was
adopted under ARTICLE 27.
ARTICLE 27: AMEND ZONING BY-LAW—ALLOW FOR-PROFIT
EDUCATIONAL USES IN THE NEIGHBORHOOD BUSINESS
AND RESIDENTIAL DISTRICTS (Citizen Article)
MOTION: That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended
to insert in Part H of Table 1 after line H.1.14, a new line H.1.14.1 so that the amended
section of Table 1 will now appear as follows:
=RT CN CRS CS CB CLO CRO CM
H.PERSONAL,BUSINESS,OR GENERAL SERVICE USES
H.1.0 AS A PRINCIPAL USE
H.1.14 School not exempt by statute N N N N Y Y Y Y Y Y
H.1.14.1 Instruction in music or the arts, not to
exceed 3,500 square feet of N N SP SP Y Y Y Y Y Y
floor space per
establishment
and further that non-substantive changes to the numbering of this bylaw be permitted in order
that it be in compliance with the numbering format of the Code of Lexington.
Declared Adopted by more than the necessary two-thirds,
on a vote of 124 in support, 48 opposed.
A true copy.
Attest:
Donna M. Hooper, Town Cl+ rk
TOWN CLERK'S CERTIFICATE
I, Donna M. Hooper, Clerk of the Town of Lexington, Massachusetts, hereby certify that at the
adjourned session of the 2014 Annual Town Meeting held on March 26, 2014, the following motion was
adopted under ARTICLE 28,
ARTICLE 28: AMEND ZONING BY-LAW—ALLOW FOR-PROFIT EDUCATIONAL
USES IN THE NEIGHBORHOOD BUSINESS DISTRICT AND REMOVE
SIZE LIMITATION (Citizen Article)
MOTION: That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington,be amended
to change the symbol in Table 1, line H,2.01, column "CN", from"N"to "SP", and insert
a new line H.2.02, so that the amended section of Table 1 will now appear as follows:
RO RS RT CN CRS CS CB CLO CRO CM
H.2.0 DEVFLOPMENT STANDARDS FOR
PERSONAL,BUSINESS,OR GENERAL
SERVICE USES
H.2.01 Services with more than 1,500 square feet
of floor space per establishment Y Y Y N Y Y Y Y Y Y
SP
H.2.02 Services with more than 3,500 square feet y Y Y N Y y Y Y Y Y
Of floor space per establishment
and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be
in compliance with the numbering format of the Code of Lexington.
Declared Adopted by more than the necessary two-thirds,
on a vote of 129 in support, 42 opposed.
A true copy.
Attest:
Donna M. Hooper, Town C4Tk
Q
TRUE CUYY Al I"E
TOWN CLERK'S CERTIFICATE `[OWN C1 PK
G1'ON,MA
1,Donna M.Hooper, Clerk of the Town of Lexington,Massachusetts,hereby certify that at the adjourned session of
the 2014 Annual Town Meeting held on March 26,2014,the following motion was adopted under ARTICLE 30.
ARTICLE 30; AMEND ZONING BY-LAW—MEDICAL MARIJUANA TREATMENT CENTERS
MOTION: That the Zoning By-Laws of the Town be amended as set forth in
the motion attached to the report of the Planning Board on this article, a copy of which is on file with the Town
Clerk and the Planning Board, and further that non-substantive changes to the numbering of this bylaw be permitted
in order that it be in compliance with the numbering format of the Code of Lexington.
MOTION FOR ARTICLE 30 per PLANNING BOARD REPORT:
That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended, effective July 31, 2014,as follows:
1) Delete §135-6.10: "Medical Marijuana Treatment Centers"that imposed a moratorium through July 31,2014 on the use
of land and structures for a Medical Marijuana Treatment Center.
2) Insert in Definitions after"Medical, dental, or psychiatric offices"the following definition,
Medical Marijuana Distribution Center: An establishment that has been certified by the State
Department of Public Health as part of a Medical Marijuana Treatment Center that sells, distributes,
dispenses, or administers marijuana, products containing marijuana,related supplies, or educational
materials to registered qualifying patients or their personal caregivers but does not cultivate or prepare the
marijuana on site.
3) Replace the existing definition of a medical marijuana treatment center so that it reads as follows:
Medical Marijuana Treatment Center(MMTC): A not-for-profit establishment,registered as a
Registered Marijuana Dispensary(RMD) in accordance with Massachusetts law, that acquires,cultivates,
possesses,processes [including development of related products such as edible marijuana infused products
(MIPs),tinctures, aerosols, oils, or ointments],transfers,transports, sells,distributes,dispenses, or
administers marijuana products containing marijuana,related supplies, or educational materials to
registered qualifying patients or their personal caregivers.
4) Insert in Part I of Table I "Permitted Uses and Development Standards,"after line 1.1.012, a new line 1.1.013 so that the
amended section of Table I will now appear as follows:
RO RS RT CN CRS CS CB [CLO ICRO CM
F. SALES OR RENTAL OF GOODS AND EQUIPMENT
I.1.0 AS PRINCIPAL USE
L1.013 Medical Marijuana N I N I N N I SP N SP LN N Y
Distribution Center
5) Insert in Part N of Table I "Pernitted Uses and Development Standards,"after line N.1.02, a new line N.1.03 so that the
amended section of Table 1 will now appear as follows:
RO I RS I RT I CN I CRS I CS CB I CIA I CRO I CM
F. MANUFACTURING USES
N.IA AS PRINCIPAL USE
N.1.03 Medical Marijuana Treatment Center I N I N I N I N I N N N N I N Y
FENN AMENDMENT: That the Proposed Planning Board's Article 30 be amended only to that portion as stated in line(4)
pertaining to Part I of Table I "Permitted Uses and Development Standards,"as follows:
(1) Delete"SP"shown on said Table I in Districts CRS and CB zones;
(2) Insert"N" on said Table I for Districts CRS and CB zones;
So that the Amended section of Table I will now appear as follows:
RO IRS IRT JCN I CRS CS CB ICLO ICRO JCM
F. SALES OR RENTAL OF GOODS AND EQUIPMENT
I.1.0 AS PRINCIPAL,USE
1.1.013 Medical Marijuana N N N N P N N N Y
Distribution Center I N N
All else of Planning Board's Article 30 shall remain the same.
Fenn Amendment Declared Adopted by vote of 135 in support, 36 opposed.
Motion as Amended Declared Adopted by a vote of 149 in support,22 opposed,
more than the necessary two-thirds vote.
A true copy.
Attest: u �1
Donna M. Hooper,Town Clerk U
TOWN CLERK'S CERTIFICATE
1, Donna M. Hooper, Clerk of the Town of Lexington, Massachusetts, hereby eertify that at the
adjourned session of the 2014 Annual Town Meeting held on April 9, 2014, the following motion was
adopted under ARTICLE 31.
ARTICLE 31: AMEND ZONING BY-LAW—SITE PLAN REVIEW FOR PROJECTS OVER 10,000 SF
MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion attached
to the report of the Planning Board on this article, a copy of which is on file with the Town Clerk and the
Planning Board, and further that non-substantive changes to the numbering of this bylaw be permitted in
order that it be in compliance with the numbering format of the Code of Lexington.
ARTICLE 31 Motion from Planning Board Report -
That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington,be amended as follows:
In Part F of Table I "Permitted Uses and Development Standards,", Line F.1.02 delete"SP" and replace with"R" under the
columns for RO, RS,RT, CN,CRS, CS, CB,CLO and CRO Districts, so that the amended section of Table I will now appear
as follows:
RO I RS I RT I CN I CRS I CS I CB I CLO I CRO I CM
F. DEVELOPMENT STANDARDS THE FOLLOWING DEVELOPMENT STANDARDS APPLY TO ALL
USES IN SECTION G TO P,INCLUSIVE, OF THIS TABLE IN ADDITION TO ANY STANDARDS SET FORTH
THEREIN
F.1.02 Uses and structures with 10,000 or more
square feet of gross floor area including the area of R R R R R R R R R R
any existing structure,but not including any floor
area devoted to off-street parking,on a lot
Declared Adopted— 143 in support, 5 opposed—more than the necessary two-thirds.
A tare copy.
Attest: Imiq
Donna M. Hooper,Town Clerk
TRU t:COPY AT°I'M
TOWN CLERKS CERTIFICATE cLERK
TowN LE)ONMN,MA
I, Dornaa M. Hooper, Clerk of the Town of Lexington, Massachusetts, hereby certify that at the
adjourned session of the 2014 Annual Town Meeting held on April 9, 2014,the following motion was
adopted under ARTICLE 32.
ARTICLE 32: AMEND ZONING BY-LAW—TECHNICAL CORRECTIONS
MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion attached to the report of the
Planning Board on this article,a copy of which is on file with the Town Clerk and the Planning Board,and further that
non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the
numbering format of the Code of Lexington.
ARTICLE 32 Motion from Planning Board Report:
That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington,be amended as follows:
Reference
I
§135-3.4 Existing RO RS RT CN CRS CS CB I CLO I CRO I CNI
Table I A.2.0I Not more than 3 rooming units Y Y Y N N N N N N N
line A2.01
(page 7) Proposed RO RS RT CN I CRS CS CB CLO CRO I CM
A.2.01 Rooming units(not to Y I Y Y N N N N N N N
exceed 3)
Comments Clarity
§135-3.4 Existing RO RS RT CN CRS CS I Cli CLO CRO CM
`cable 1 A.2.02 Accessory apartment,by-right Y Y N N SP SP SP SP SP SP
lines A.2.02 A.2,03 Accessory apartment,special pemnit SP SP N N SP SP SP SP 5P SP
to A.2.04
A.2.04 Accessory apartment,accessary SP SP SP SP SP SP SP SP SP SP
(page 7) structure
Proposed RO RS RT CN CRS CS CB CLO CRO Ci4I
A.2.02 Basic accessory apartment Y Y N N SP SP SP SP SP SP
A.2.03 Expanded accessory SP SP N N SP SP SP SP SP SP
apartment
A.2.04 Accessory structure SP SP SP SP SP SP SP SP SP SP
apartment
Comments It is confusing to require a special permit for what is called a by-right accessory apartment so the name is being changed
to basic accessory apartment It is also confusing to have a special permit for different categories of apartments,only one
of which is called a special permit apartment. The text of the bylaw refers to 3 categories of accessory apartrtnert—by-
right accessory apartments,special permit accessory apartments and accessory structure apartments, The categories
should be consistent between the textand the table so we are proposing to Lad with the descriptive phrase,rather than
putting it after a comma.
§135-4.4 Existing Public and institutional buildings,maximum height:
Table 2 Proposed Institutional buildings,maximum height:
(page 23) Comments In Table 1 Permitted Uses and Development Standards under the heading"B.INSTITUTIONAL USES""Municipal
buildings or uses"is listed as a principal institutional use,however"the Commonwealth and the U.S.government"is not
listed,probably because they are exempt from municipal regulation.Municipal is the Town of Lexington,Consistency.
§135-5.4.5 Existing 5.4,5 Lamps.Lamp types shall be selected for optimum color rendering m treasured by their color-rendering index
(CRI),as listed by manufacturer.
(page 44) Proposed 5.4.5 Lamps.Lamp types shall be selected for optimum color rendering as measured by their color rendering index
(CRD,as listed by manufacturer.
Comments Remove hyphen as in the industry it is without a hyphen Consistency
§135- Existing 6.6.5.5 There shall be provided at least 150 square feet of usable open space for each resident,
6.6.5.5
Proposed 6.6.5.5 There shall be provided at least 150 square feet of open space for each resident.
(page 61)
Comments The"useable"was removed as a technical correction by Article 47 of the 2009 ATM because the requirement for usable
open space was removed by Article 49 of the 2008 ATM;somehow it made it back into the document when reorganized
and should be removed.
§135-6.7.2 Existing 6.7.2.General.An accessory apartment is a second dwelling unit subordinate in size to the principal dwelling unit on a
lot,located in either the principal dwelling or an existing accessory structure. The apartment is constructed so as to
(page 62) maintain the appearance and essential character of a one-family dwelling and any existing accessory structures. Three
categories of accessory apartments are permitted:by-right accessory apartments,which are permitted as of right,and
special permit accessory apartments and accessory structure apar€ments,which may be allowed by a special permit.
Proposed 6.7.1 General.An accessory apartment is a second dwelling unit subordinate in size to the principal dwelling unit on a
lot,located in either the principal dwelling or an existing accessory structure. The apartment is constructed so as to
maintain the appearance and essential character of a one-family dwelling and any existing accessory structures. Three
categories of accessory apartments are permitted:basic accessory apartments,which are permitted as of right in certain
residential districts and by special permit in other districts,and expanded accessory apartments and accessory structure
apartments,which may be allowed by a special permit
Comments It is confusing to require a special permit for what is called a by-right accessory apartment so the name is being changed
to basic accessory apartment It is confusing to have a category called special permit accessory apartment that does not
include all accessory apartments that require a special permit so the name is being changed to expanded accessory
apartment.
§135-6.7.6 Existing 6.7.6 ray-Right Accessory Apartment.A by-right accessory apartment shall be permitted if the requirements set forth in
(page 63) §6.7.3 is satisfied and the following criteria are met: ...
5.The entire structure containing the by-right accessory apartment must have been in legal existence for a
minimum of five years at the time of application for a by-right accessory apartment,except for minimal
additions necessary to comply with building,safety or health codes,or for enclosure of an entryway,or
for enclosure of a stairway to a second or third story.
Proposed 6.7.6 Basic Accessory Apartment.A basic accessory apartment shall be permitted ifthe requirements set forth in§6.7.3
are satisfied and the following criteria are met: ...
5.The entire structure containing the basic accessory apartment must have been in legal existence for a
minimum of five years at the time of application for a basic accessory apartment,except for minimal
additions necessary to comply with building,safety or health codes,or for enclosure of an entryway,or
for enclosure of a stairway to a second or third story.
Comments It is confusing to require a special permit for what is called a by-right accessory apartment so the name is being changed
to basic accessory apartment,also correcting gramnmar.
§135-6.7.7 Existing 6.7,7 Special Permit Accessory Apartment. The SPGA may grant a special permit for a special permit accessory
(pages 63-
apartment,subject to the following:...
64) 2.The gross floor area of the specs]permit accessory apartment shall not exceed 40%ofthe gross floor
area of the swelling,excluding areas of structure used for parking,
3.The special permit accessory apartment shall be located in the principal structure.
Proposed 6.7.7 Expanded Accessory Apartment. The SPGA may grant a special permit for an expanded accessory apartment,
subject to the following:...
2.The gross floor area of the expanded accessory apartment shall not exceed 40%of the gross floor area
of the swelling,excluding areas of structure used for packing.
3.The expanded accessory apartmenx shall be located in the principal structure,
Comments It is confusing to have acategory called special permit accessory apartment that does not include all accessory apartment
that require a special permit so the category is being renamed.
§135-6.9.3 Existing 6.9.3.1 A site sensitive development(SSD)is the development of aparcel with configurations of lots allowing flexibility
(page 67) and creativity in residential development through reduction in minimum lot size...
6.93.2 A balanced housing development(BHD)...Instead of detenniming density by minimum lot size...
Proposed 6.9.3.1 A site sensitive development(SSD)is the development of aparcel with configurations of lots allowing flexibility
and creativity in residential development through reduction in minimum lot area...
6.9.3.2 A balanced housing development(13141))...Instead of determining density by minimum lot area...
Comments The tent lot area is used in Table 2. There is a definition of lot area but not lot size.Consistency
IRUEWFY
haAA7W
TOWN CLERK
E UMOTON,MA
§135-6.9.16 Existing 6.9.16 Accessory Apartments.The SPGA may authorize Special Permit Accessory Apartments,as described in§6.7.7
(page 71) of this Bylaw,to be created wihin a site sensitive development...
Proposed 6.9.16 Accessory Apartments,The SPGA may authorize Expanded Accessory Apartments,as described in§6.7.7 of this
Bylaw,to be created within a site sensitive development...
Comments Changed to reflect the new term used in§6.7.
§135- Existing Revision of Special Permit and Changes of Use or Site Development Plans.After to the grant of a special permit,
7.3.5.8
Proposed Revision of Special Permit and Changes of Use or Site Development Plans After the grant of a special permit...
(Page 80)
Comments Correction of typo,remove"to"
§135-8.5.2 Existing 8.5.2 Public Acquisition,If a public acquisition of land causes a lot to be rendered nonconforming...
(page 82) Proposed 8.5.2 Government Acquisition,if government acquisition of land causes a lot to be rendered nonconforming...
Comments clarity
§135-10. Existing Communications equipment Shelter:A structure designed principally to enclose equipment used in connection with
Definitions wireless communication transmission and/or reception.
(page 95) Proposed Communication equipment shelter:A structure designed principally to enclose equipmert used in connection with
wireless communication transmission and/or reception.
Comments Correct the capitalization and inconsistent spelling
§135-10. Existing Crawl space:...
Definitions
Color rendering index(CRS): ...
(page 95)
CutoFF angle: ...
Proposed Co-location:...
Color rendering index(CRS):.,.
Commercial district....
Comments "Color rendering index(CRI)"is out of order in the definitions.
§135-10. Existing Mule]:...
Definitions
Motor vehicle body work:Repairs to motor vehicle bodies,including fenders,bumper and similar components of motor
(page 101) vehicle bodies,but not the storage of vehicle for the camibalization of parts
Proposed Billboard: ...
Body work,motor vehicle: Repairs to motor vehicle bodies,including fenders,bumper and similar components of motor
vehicle bodies,but not the storage of vehicle for the cainibalization of parts
Comments Should be listed as"Body work,motor vehicle"and€e-alphabetized to follow"Billboard"(page 94);Table 1,L.1.04 and
L.1.05 use"body work",not motor vehicle body vmrk
§135-10. Existing One-hundred-year flood: ...
Definitions
Open space,common: ...
(page 101)
Proposed Commercial vehicle:...
Common open space:...
Communications equipment shelter: ...
Comments Common open space is listed under"open space,common";should be under"common open space"and re-alphabetized
in the definitions
§135-10. Existing One-hundred-year flood:See"base flood"
Definitions
Proposed Delete
(page 101)
Comments Base flood is not used or defined in the Bylaw,so the reference is useless. User should refer to seetion7.1 and the FEMA
maps
§135-10. Existing (There is no definition of peak period,although used in Bylaw.)
Definitions
Proposed Peak period:The period in which the highest traffic counts occur,usually the two hoursbetween 7:00 a.m.and 9:00 a.m.
(page 101) and between 4:00 p.m.and 6:00 p.m.
Comments Based on peak hour definition.Clarity
§135-10. Existing (There is no definition ofpeak traffic hours,although used in Bylaw) TRUE COPY ATTEST
hawho-1 Ajw
'fl'OWN CLERK
LEXINGTON,MA
Definitions Proposed Inset after Peak period:
(page 101) Peak traffic hours:see"peak period"
Comments Inserted for clarity
§135-10. Existing Public:The Town of Lexington,Commonwealth of Massachusetts,United States Government or an agency thereof.
Definitions
Proposed Delete
{page 102}
Comments when used in the Bylaw"public"is used in this sense twice in the over 76 time"public'appears in the Bylaw,and those
hvo instances can be clarified by other means
Declared Adopted— 154 in support,zero opposed--more than the necessary two-thirds.
A true copy,
Attest: j�94�
Donna M. Hooper,Town Clerk
THE COMMONWEALTH OF MASSACHUSETTS
X � F
h = OFFICE OF THE ATTORNEY GENERAL
n � '
tl
CENTRAL MASSACHUSETTS DIVISION
10 MECHANIC STREET, SUITE 301
°fie hya
WORCESTER, MA 01608
1\'IA[C1'HA C',OAKLEY
r1'[`'ORNEY GeNIMAL (508)792-7600
(508)795-1991 fax
www.mass.gov/ago
July 9, 2014
Donna M. Hooper, Town Cleric
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02420
RE: Lexington Special Torun Meeting of June 16, 2014 - Case#7314
Warrant Article#2 (Zoning)
Warrant Articles# 6 and 7 (General)
Dear Nis. Hooper:
Articles 2, 6, and 7 - We approves these Articles, and the map pertaining to Article 2,
from the Lexington Special Town Meeting of June 16, 2014. We will return the approved map to
you by regular mail.
Note: Pursuant to G.L. c. 40, § 32, neither general nor zoning by-laws take effect unless the town
has first satisfied the posting/publishing requirements of that statute. Once this statutory
duty is fulfilled, (1) general by-laws and amendments take effect on the date that these
posting and publishing requirements are satisfied unless a later effective date is prescribed
in the by-law, and (2) zonin by-laws and amendments are deemed to have taken effect
from the date they were voted by Town Meeting, unless a Iater effective date is prescribed
in the bylaw.
Very truly yours,
MARTHA COAKLEY
ATTORNEY GENERAL
6 (��sraa
by: Kelli E. Gunagan, Assistant Attorney General
Municipal Law Unit
Ten Mechanic Street, Suite 301
Worcester, MA 01608
(508) 792-7600 TRUE COPY ATTM- T
cc: Town Counsels William L. Lahey and Kevin D. Batt &W01- A70
TOWN CLERK
1EXR4GTON,MA
TOWN CLERK'S CERTIFICATE
1, Donna M. Hooper, Clerk of the Town of Lexington, Massachusetts, hereby certify that
at the adjourned session of the 2014 Special Town Meeting held on June lb, 2014, the following
motion was adopted under ARTICLE 2.
ARTICLE 2: AMEND ZONING BYLAW — 430 CONCORD AVENUE
MOTION: To amend the Code of the Town of Lexington Zoning By-Law Sections and the
Zoning Map of the Town of Lexington by changing the district designation of the
land described in a certain metes and bounds description and certain plans on file
with the Planning Board from the current RO One Family Dwelling District to a
CD Planned Commercial District with certain specified uses (pursuant to the
provisions of Town of Lexington Code 135-7) said property being commonly
known as Town Assessors' Map 10, Parcel 8, 430 Concord Avenue, and to allow
construction of a new building on the property of approximately 34,000 square
feet together with parking and other improvements to be known as Artis Senior
Living, and to approve the "Preliminary Site Development and Use Plan for the
Planned Commercial District at 430 Concord Avenue, Lexington, Massachusetts"
(the "PSDUP") filed with the Lexington Town Clerk and Planning Board April
24, 2014, revised June 9, 2014, and to approve standards for development, uses
permitted, dimensional standards and other provisions contained within the
PSDUP.
Declared Adopted by more than the necessary two-thirds, on a vote of 114 in favor, 38 opposed.
A true copy.
Attest: t''"tvr""`" �--
Donna M. Hooper, Town Clef
1RUE COPY ATT"r.9T
Article 2 Rezoning : cN
TRUH COPY A MIST
TOWN CLERK
U—MOMN.MA Parcel S of Map 10 from R® to CD-16
T("MRK
ox
Zoning Districts P
STANDARD ZONING DISTRICTS Other Features
Residential Districts Tax Parcels
RS- One Family Dwelling Water Features a�a
0 RO -One Family Dwelling
—Brooks, Creeks, and Streams
Commercial/ Industrial Districts r
Water Bodies F
90 CLO-Local Office
V CN-Neighborhood Busines 5�
0 CRO-Regional Office Map Produced by
The Town of Lexington Planning Department
0 CRS-Retail Shopping July 2014
TOWN CLERKS CERTIFICATE
I, Donna M. Hooper, Clerk of the Town of Lexington, Massachusetts, hereby certify that
at the adjourned session of the 2014 Special Town Meeting held on June 16, 2014, the following
motion was adopted under ARTICLE 6.
ARTICLE 6: AMEND GENERAL BYLAWS— CONTRACTS AND DEEDS
MOTION: That Section 32-4 of Chapter 32 of the Code of the Town of Lexington be
amended as set forth in the Article, and further that non-substantive changes to the
numbering of this bylaw be permitted in order that it be in compliance with the
numbering format of the Code of Lexington.
Warrant Text:
To see if the Town will vote to amend Section 32-4 of Chapter 32 ("Contracts and Deeds")of the Code of
the Town
of Lexington by deleting the following iinc from the Table entitled Type of Contract and Number of
Years:
Leases, licenses, power purchase agreements,agreements for payments in lieu of taxes 20
(PILOTs), and/or other agreements for the purpose of installing solar energy facilities and
purchasing solar electrici
And replacing it with the following two lines:
Leases, licenses, power purchase agreements and/or other agreements for the purpose of 22
installing solar energy facilities and purchasing solar electricity_
Agreements for payments in lieu of taxes(PILOTS) with owners of solar energy facilities on 20
Town-owned property
Or act in any other manner in relation thereto.
Declared adopted, on a vote of 132 in favor, 1 opposed.
A true copy.
Attest: � `-
Donna M. Hooper, Town Cle
Chapter 32. CONTRACTS AND DEEDS Formatted
§32-1.Compliance with bidding requirements;award of contracts.
[Amended 3-20-1968 AT\1 by Art.33; 1-26-1981 ST\1 by Art.12;4-8-1991 AT\1 by Art.
44;4-11-2001 ATM by Art.321
All contracts entered into by the Town which are subject to federal or state bidding requirements
shall be awarded only after there has been full compliance with such requirements. In all other
cases,except in cases of public calamity or extreme necessity,whenever any work is required to
be done for the Town or any contract for labor or materials,or both,is to be made in behalf of
the Town,for an amount exceeding the sum of$25,000,the Town officer having the matter in
charge shall solicit proposals for the same from two or more reliable parties,regularly engaged
or employed in such work or business,or shall publicly advertise for bids,and may require that a
bond with satisfactory sureties for the faithful performance of such contract shall be furnished,
but no contract shall be split,separated or divided for the purpose of reducing the amount thereof
below said sum of$25,000.So far as practicable,contracts for less than$25,000 shail be made
or awarded in such manner as to secure the benefit of reasonable competition.
§32-2.Special programs of recruitment and training.
[Added 3-18-1970 AT 1\1 by Art.821
Any board,officer,committee,or other agency of the Town,which acts on behalf of the Town in
making or supervising any contract,in an amount exceeding the sum of S 100,000 for the
purchase of goods or services,or for the construction,renovation,or repair of buildings,may
make arrangements with contractors and other interested agencies for special programs of
recruitment and training in connection with the work to be performed on such contracts,with the
objective of promoting equal employment opportunity for members of minority groups protected
by the fair employment laws of the commonwealth and the United States.Any such board,
officer,committee,or other Town agency may expend Towqn funds in carrying out such
arrangements and prograns or in compensating contractors for carrying them out provided that
appropriations specifically designated for such purposes have been voted by the Town Meeting.
Undertakings by contractors to carry out such arrangements or programs may,when appropriate,
be embodied in requirements,to be included in contracts,that contractors engage in such
recruitment,training,and employment as a part of the work to be performed,or in collateral
agreements with contractors.
§32-3.Execution of deeds.
Wicnever it is necessary to execute a deed or other instrument conveying any interest in land
belonging to the Town,other than a tax deed,unless it is otherwise provided by law,or by vote
of the Town,such deed or instrument shall be executed in behalf of the Town by a majority of
the Board of Selectmen and countersigned by the Treasurer of the Town and it shall be sealed
with the Town Sea].
§32-4.Authorization to solicit,award and enter certain contracts.
TRUE COPY AT UT
TOWN CLERK
LEXINGTON,RA
[Added 3-31-2008 AT114 by Art.33;amended 3-22-2010 ATi11 by Art.26;3-20-2013 ATM
by Art.291
Unless othenvise prohibited by law,the Town and all of its departments,under the supery ision
of the Town Manager,are authorized to solicit,award and enter into certain types of contracts for
periods shown below,including any renewal,extension or option provision,subject to annual
appropriation,applicable state procurement laws,and the approval of the Board of Selectmen for
contract terms greater than three years:
Number of
Type of Contract fears
Lease of public lands and buildings 20
Lease of any equipment 10
Lease purchase of any equipment 10
Maintenance agreements for equipment,buildings or grounds 5
Transportation services to
Purchase of oil,fuel and electricity 5
Lighting maintenance 10
Waste disposal and recycling 20
Water supply 20
Community television services to
2-0 - Formatted Table
taxes(nrr OTT) ,.c: alfi, „
Leases.licenses.power purchase agreements an Nor other agreements 22
for the purpose of installing solar energy facilities and purchasing solar
electricity
Agreements for payments in lieu of taxes(PILOTS)with owners of solar 20
energv facilities on Town-owned property
All other contracts 5
TRUE COPY ATTS
To"ARK
LEMGTON,MA
i
TOWN CLERKS CERTIFICATE
I, Donna M. Hooper, Clerk of the Town of Lexington, Massachusetts hereby certify that
at the adjourned session of the 2014 Special Town Meeting held on June Ib, 2014, the following
motion was adopted under ARTICLE 7.
ARTICLE 7: AMEND GENERAL BYLAWS REGARDING REPORTING PERIOD
FOR TOWN COUNSEL'S ANNUAL REPORT
MOTION: That Section 90-28 of Chapter 90 of the Code of the Town of Lexington ("Annual
Report"), be amended as set forth below, and further that non-substantive changes
to the numbering of this bylaw be permitted in order that it be in compliance with
the numbering format of said Code:
The Town Counsel shall annually report in writing to the Board of Selectmen, by
a date determined by the Board of Selectmen, all actions by or against the Town
which were pending at the beginning of the preceding fiscal year; all actions
brought by or against the Town during such year; and all actions settled or
disposed of during such year. Such report shall show the full name of each
plaintiff or defendant, the nature and amount of the claim in each case, and the
terms upon which any case was settled or disposed of during such year. Such
report shall be printed in the Arulual Town Report.
Declared adopted, on a vote of 135 in favor, zero opposed.
A true copy.
Attest: b VA/�
Donna M. Hooper, Town 6 lerk
Chapter 90. OFFICERS AND EMPLOYEES
Article L Selectmen
§ 90-1. Membership; terms of office.
The Town shall have a Board of Selectmen consisting of five members elected for a term of
three years each,the ter-ms of no more than two of which shall expire in any one year.
§ 90-2. General duties; compensation.
[Amended 3-16-1981 ATM by Art. 9]
The Selectmen shall have the general direction and management of the property and affairs of
the Town in all matters not otherwise provided for by law, or by these By-Laws, and they shall
serve without salary or other financial compensation.
§ 90-3. Selectmen to have powers of certain boards and officers; rules and regulations.
The Selectmen shall also be the Board of Public Works as set forth in Acts of 1922, Chapter 1
and shall also have all the powers and duties vested by general law in the following boards and
officers,to wit: road commissioners, water and sewer commissioners,park commissioners and
tree warden, and may from time to time adopt rules and regulations deemed necessary for the
proper operation thereof, which rules and regulations shall be in writing and available for public
inspection at such place as shall be designated by the Selectmen. Editor's Note: Original Secs. 4, 5
and 6 of this article, which hnntediately follou ed this section, were deleted 4-24-1974 ATMby Art. 89.
§ 90-4. Designation of building numbers.
The Selectmen shall determine and designate numbers for the buildings abutting upon or
adjacent to such streets or portions of streets as they may deem best for public convenience. No
person shall neglect or refuse to affix to art),building owned by him the street number designated
for loin by said Board.
§ 90-5. Posting of notices.
[Amended 5-3-1982 ATM by Art. 48]
The Selectmen shall provide and maintain a suitable bulletin board in the vestibule of the Town
Office Building and at such other places in the Town as they deem necessary, where town, legal
and other notices as they may authorize may be posted for public information. Editor's Note:
Original Secs. 9 and 10 of this article, which inttttediatelyfollowed this section, tt>ere deleted 4-24-1974
ATM by Art. 89.
§ 90-6. Office hours.
TRUE COPY ATTEST
[Amended 4-24-1974 ATM by Art. 89; 5-3-1982 ATM by Art. 48] A"
TOWN CLERK
LEXINGTON,MA
That portion of the Town Office Building which is occupied by the officers of the Board of
Selectmen, or Board of Public Works, the Town Clerk,the Town Treasurer, and the Collector of
Taxes shall be kept open continuously for the transaction of business for such hours as are
determined by the Board of Selectmen.
§ 90-7. Sale of personal property.
[Amended 4-24-1974 ATM by Art. 89; 5-3-1982 ATM by Art. 481
The Town Manager may, with the approval of the Selectmen, sell any personal property or
material no longer required and not exceeding $2,000 in value.
§ 90-8. Signs warning traffic near schools and playgrounds.
The Selectmen shall cause permanent notices or signs to be posted and maintained, warning
automobiles and other vehicles to go slowly when passing public schools and playgrounds.
§ 90-9. Regulation of refuse disposal.
[Amended 5-3-1982 ATM by Art. 48; 5-4-1988 ATM by Art. 511
The Selectmen shall provide and maintain under their care and supervision some suitable place
or method for free public disposal for the inhabitants of the Town to deposit ashes, cinders,
papers and other refuse and rubbish in accordance with such rules and regulations as the
Selectmen may from time to time make. Such rules and regulations may require the separation of
designated recyclable material or materials from other refuse.
§ 90-10. Notes and bonds.
All notes and bonds issued by the Town for the purpose of borrowing money shall be negotiated
and sold by the Selectmen, who shall in all cases advertise for offers therefor.
§ 90-11. Conveyance of lots.
[Added 4-5-1972 ATM by Art. 83; amended 4-8-1974 ATM by Art. 67; 4-9-1979 ATM by
Art. 58]
In addition to any authority now or hereafter vested in them by law or by any special or standing
vote of the Town, the Selectmen may sell and convey to any public agency or non-profit
corporation, or to any other person or corporation approved by the Lexington Housing Authority
and undertaking to provide housing on the land so sold or conveyed for the use of the said
Authority, for less than fair market value, any lots, not to exceed a total of 38 such lots on a
Toi�,n wide basis, meeting the requirements of the Lexington Zoning By-Law for buildable lots
(including such lots conforming to the provisions of Section 7.4 Editor's Note: Section 7.4 will be
renumbered as§ 135-38 ts,hen the Zonilrg Bylaw is included as Ch. 135 of the Code. thereof) now or
hereafter taken, or otherwise acquired, for nonpayment of taxes, the right of redemption of which
has been or shall be foreclosed or otherwise terminated,upon such terms and conditions as the
Selectmen shall deem proper and also as they may deem necessary to assure that each such lot or
combination of lots so conveyed will have a frontage of not less than 45 feet and will be used to
TRUE COPY ATIM
TOWN CLERK
LEXINGTON,MA
provide housing for not more than one household of low or moderate income eligible to be
assisted under any government program designed to provide such housing, in which housing
such occupants may have the opportunity to acquire ownership or equity interests; provided that
any such proposed sale or conveyance shall first have been referred to the Planning Board for its
report on whether or not such sale or conveyance, and associated proposed development, is
consistent with local policies concerned with housing and land use and is a suitable development
with regard to the area surrounding the parcel to be conveyed or sold, and either such report has
been received or 45 days have elapsed after such reference; and provided further that not more
than five such dwellings shall be located within any circle 10 acres in area.
§ 90-12. Submission of proposed budget, revenue statement and tax rate estimate.
[Added 4-5-1989 ATM by Art. 47; amended 3-24-1999 ATM by Art. 191
The Town Manager shall annually submit to the Selectmen, the Appropriation Conunittee, and
the Capital Expenditures Committee for their consideration a proposed budget,revenue
statement and tax rate estimate on a date which shall be specified no later than September 30 by
the Selectmen after consultation with the School Conunittec, Appropriation Committee and
Capital Expenditures Conunitkee.
§ 90-13. Submission of budget to Town Meeting.
[Added 4-5-1989 ATM by Art. 48; amended 4-10-2000 ATM by Art. 231
The Selectmen shall submit a budget at the Aimual Town Meeting. The Selectmen's proposed
budget shall be distributed to the Appropriation Committee, Capital Expenditures Committee and
to each Town Meeting member at least four creeks prior to the date when the Annual Town
Meeting is scheduled to consider it.
Article IL Town Clerk
§ 90-14. Furnishing copies of votes.
[Amended 4-24-1974 ATM by Art. 89]
The Town Clerk, as soon as possible after a vote of the Town has been passed which relates
particularly to or affects the duties of any officer, board, department, committee, commssion,
authority or trusteeship of the Town, shall furnish a copy of such vote to such officer, board,
department, committee, commission, authority or trusteeship.
§ 90-15. Notice to committee members of election or appointment.
The Town Clerk shall promptly notify in writing each member of every connrrittee who may be
elected or appointed at any Town meeting or in pursuance of any vote thereof. Such notice shall
contain a copy of the vote creating the committee and the names of all members of such
committee. 'vNIenever a vacancy occurs in the appointed membership of any board, comiittee,
commission, authority or trusteeship, notice thereof shall at once be given to the Town Clerk,
who shall thereupon notify the appointing authority.
TRUE COPY AT"fP,ST
P�
TOWN CLERK
LEXINGTON,AA
§ 90-16. Record of conveyance of interest in land.
The Town Clerk shall see that every conveyance to the Town of any interest in land, except as
otherwise provided by law, is duly recorded in the proper registry therefor, and shall have the
custody of all such recorded instruments after the same are returned from the registry. He shall
keep in a book devoted to that purpose alone, true copies of all conveyances executed and
delivered by the Town of any interest in land.
§ 90-17. Statement of appropriations.
The Town Clerk shall promptly after each session of a Town meeting furnish the Comptroller
with a statement of all monies appropriated by the Town at such session and the purpose for
which such monies were respectively appropriated. Editor's Note: Original Secs. 5 and 6 of this
article, which inwiediately followed this section, were deleted 5-3-1982 ATM by Art. 48.
§ 90-18. (Reserved)
Editor's Note:Fortner§90-18, Fees, added 3-16-1981 ATMb} Art. 10, as amended 4-23-1990 ATMby
Art. 50, ivas repealed 4-8-2002 ATMby Art. 27
Article III. Town Treasurer
§ 90-19. Bond.
[Amended 4-24-1974 ATM by Art. 89]
The Town Treasurer shall give bond annually for the faithful performance of his duties in an
amount not less than rewired by law as recommended by the Town Manager with the approval
of the Selectmen.
§ 90-20. Revenue to be paid over to Treasurer.
All income, revenue and monies belonging to the Town when received or collected by any
board, commission or officer shall be promptly paid over to the Town Treasurer.
Article IV. Town Moderator
§ 90-21. Election.
The Town Moderator shall be elected annually and shall serve as moderator of all Town -
meetings, except as otherwise provided by law, until a successor is elected and qualified. If a
moderator is absent a temporary moderator may be elected by Town meeting members.
Article V. Collector of 'faxes and Town Collector
TRUE COPY AT M.ST
§ 90-22. Powers and duties.
TOWN CLERK
LEXINGTON,MA
The Collector of Taxes shall act also as Town Collector and shall collect all accounts due the
Town, and of such accounts shall turn over to the Town.Treasurer daily his collections for the
previous day.
§ 90-23, Collections turned over to Treasurer.
The Collector of Taxes shall turn over to the Town Treasurer daily his collections of the previous
day.
Article VI. Town Counsel
§ 90-24. Appointment; compensation; special counsel.
The Board of Selectmen shall each year within thirty days after the annual election of Town
officers appoint some attorney-at-law as Town Counsel,who shall serve for the term of one year
and until his successor is appointed; lie shall receive for his services such compensation as the
Town may determine and he may be removed at any time by a majority vote of said Board. Said
Board.may, whenever it deems necessary, employ special counsel to assist or act in place of the
To`vrr Counsel. Editor's Note: Original Sec. 2 of this article, which innnediately follotived this section,
was amended 4-24-1974 ATM by Art. 89 and deleted 5-3-1982 ATA4 by Art. 48.
§ 90-25. Preparation of legal instruments; legal advice.
[Amended 5-3-1982 ATM by Art. 48; 4-9-2001 ATM by Art. 29]
The Town Counsel shall draw or supervise the drawing or approval of all contracts, deeds, bonds
and other legal instruments relating to the Town; he shall give legal advice and furnish a written
opinion when so requested by the Town Meeting or by any Town officer, board, department,
committee, commission, authority or trusteeship, regarding any legal question or matter relating
to the duties of such officer, board, department, committee, commission, authority or trusteeship,
and no such officer or entity shall at the expense or in behalf of the Town employ or be
represented by any other than the Town Counsel unless authorized by the Board of Selectmen.
§ 90-26. Investigations.
The Town Counsel shall, as soon as possible after receiving notice from the Chief of Police or
otherwise, of any injury to person or property, under circumstances which may give rise to a
claim of damages against the Town, make or cause to be made a thorough investigation relative
thereto and, with the approval of the Board of Selectmen, take such steps as may be deemed
necessary to properly protect and defend the Town against such claim.
§ 90-27. Prosecution or defense of cases.
AAmended 4-24-1974 ATM by Art. 891
The Town Counsel shall,unless otherwise directed by the Town Manager with the approval of
the Selectmen,prosecute or defend all cases and proceedings to which the Town is a party. He
TRUE COPY ATTEST
AU0.1 Ary
INM CLERK
LEXINGMN,MA
shall also prosecute, unless otherwise directed by the Town Manager with the approval of the
Selectmen, all cases for the breach or violation of the by-laws of the Town.
§ 90-28. Annual report.
[Amended 5-3-1982 ATM by Art. 48]
The Town Counsel shall annually dtifing the rnont4 of rat of e.,e T report in writing to
the Board of Selectmen, by a date determined by the Board of Selectmen, all actions by or
against the Town which were pending at the beginning of the preceding fiscal near; all actions
brought by or against the Town during such year; and all actions settled or disposed of during
such year. Such report shall show the full name of each plaintiff or defendant, the nature and
amount of the claim in each case, and the teens upon Nvhich any case was settled or disposed of
during such year. Such report shall be printed in the Annual Town Report.
§ 90-29. Holding other office.
The Town Counsel shall not during his telin of office hold any other appointive or elective office
of the Town.
TRUE COPY A7I`EST
&00.1 Apfft/
IVN CLERK
LEMG ON,MA