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HomeMy WebLinkAbout2013 ATM AG BYLAW Approval MEMORANDUM TO: Deborah N. Mauger, Chairman -Board of Selectmen FROM: Donna M. Hooper, Town Cler -' DATE: August 21, 2013 RE: March 2013 Annual Town Meeting Office of the Attorney General By-Law Approval This office has received notice from the Attorney General, dated August 16, 2013, of approval of the amendments to the General Bylaws and Zoning By-Law voted at the 2013 Annual Town Meeting Zoning By Law: Article 34—Amend Zoning By-Law General Bylaw: Article 29—Amend General Bylaws— Contracts and Deeds (Solar Energy Purchasing) Article 30—Amend General Bylaws— Trees Article 31 —Amend General Bylaws— Demolition Delay Bylaw Article 32—Amend General Bylaws - Electronic Voting 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 date of posting. Zoning By- Law amendments are deemed to have taken effect from the date voted by Town Meeting. cc: Town Manager Deputy Town Manager Assistant Town Manager for Finance Town Counsel Planning Board Appeals, Board of Building Commissioner Moderator Tree Committee u5 Mop^,i °p 9775 Town of Lexington ow 3 Town Cleric's Office U APPIL I9"' �FX1Nuv Donna M. Hooper,Town Clerk Tel: (781) 862-0500 x270 Fax: (781) 861-2754 RE: Office of the Attorney General Approval of General Bylaw and Zoning By-Law Amendments of the 2013 Annual Town Meeting DATE: August 21, 2013 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 2013 Annual Town Meeting. Zoning By-Law: Article 34—Amend Zoning By-Law General Bylaw: Article 29—Amend General Bylaws— Contracts and Deeds (Solar Energy Purchasing) Article 30—Amend General Bylaws— Trees Article 31 —Amend General Bylaws— Demolition Delay Bylaw Article 32—Amend General Bylaws - Electronic Voting 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 Town 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 days of this posting. Copies of the Zoning Bylaw and Map may be examined and obtained at the Planning Department Office in the Town Office Building, 1625 Massachusetts Avenue. Attest: - s1� Donna M. Hooper Town Clerk 1625 MASSACHUSETTS AVENUE-LEXINGTON,MASSACHUSETTS 02420 2013 Annual Town Meeting — Attorney General Approval of General Bylaw and Zoning By-Law TOWN BULLETIN, cunt... Full text of Article 3 — Zoning Bylaw may be viewed on-line at www.lexin2tonma.Gov/Zonin%20Bylaw%20w%20Italics% 20(3-20-2013).pdf or at the Planning Office and Town Clerk's Office. Donna M. Hooper Town Clerk n�� THE COMMONWEALTH OF MASSACHUSETTS to F M W o OFFICE OF THE ATTORNEY GENERAL CENTRAL MASSACHUSETTS DIVISION 10 MECHANIC STREET, SUITE 301 4'�M 5V0 WORCESTER,MA 01608 MARTHA COAKLE.Y ATTORNEY GENERAL (508)792-7600 (508)795-1991 fax www.m ass.eov/ago August 16, 2013 Donna M. Hooper, Town Clerk Town of Lexington 1625 Massachusetts Avenue. Lexington, MA 02421 RE: Lexington Annual Town Meeting of March 18,2013 - Case#6697 Warrant Article#34 (Zoning) Warrant Articles#29,30,31 and 32 (General) Dear Ms. Hooper: Articles 29, 30, 31, 32 and 34 — We approve the amendments to the Lexington by-laws adopted under these Articles, and the maps adopted under Article 34, at the March 18, 2013 Annual Town Meeting. Our comments on Articles 32 and 34 are detailed below. Article 32 - The amendments adopted under Article 32 govern the voting procedures at Town Meeting, and allow for an electronic tally and display system in certain circumstances. The rules and procedures for use of the electronic voting system will be drafted by the Moderator in consultation with the Board of Selectmen after a public hearing. The rules and procedures for electronic voting will also be approved by a two-thirds majority vote of Town Meeting before electronic voting is used at Town Meeting. We approve these amendments because G.L. c. 39, § 15 authorizes towns to adopt by- laws "subject to [G.L. c. 39, § 15], for the regulation of the proceedings at town meetings." The Town should ensure that any rules and procedures which are proposed for use of electronic voting are consistent with G.L. c. 39, § 14 (requiring, among other things, that the election of a town moderator for town meeting must be by ballot) and G.L. c. 39, § 15. We suggest the Town consult closely with Town Counsel in that regard. Article 34 — The amendments adopted under Article 34 amend and recodify the entire Zoning Bylaw by deleting certain sections, inserting new sections, and modifying the Town's 1 zoning Map by removing certain districts and re-zoning certain parcels. The result of the amendments is the removal of the special permit requirement for all subdivision developments of three or more units; simplification of the nonconformity section; a merger of the special permit and special permit with site plan review sections; and elimination of the Town's RM District to be consistent with a previous vote of Town Meeting. We approve these amendments adopted under Article 34. We will return the approved map to you by regular mail. We offer the following comments for the Town's consideration, and encourage the Town to consult with Town Counsel on these comments. I. Potentially Protected Agricultural Uses. In the table of Use Regulations (Section 135-3.0) the Town has identified the following uses as either prohibited, or requiring a special permit, in certain districts: "Kennel, boarding of household pets" (H.1.018); and "seasonal sale of Christmas trees and wreaths" (P.1.02). In certain circumstances these uses may be considered protected agricultural uses pursuant to G.L. c. 40A, § 3, and the Town must apply the zoning by-law consistent with that statute. G.L. c. 40A, § 3 provides in relevant part: No zoning . . . by-law . . . shall . . . prohibit unreasonably regulate, or require a special permit for the use of land for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, nor prohibit, unreasonably regulate or require a special permit for the use, expansion, reconstruction or construction of structures thereon for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, including those facilities for the sale of produce,wine and dairy products..... General Laws Chapter 128, Section IA, defines agricultures and provides in pertinent part as follows: "Farming" or"agriculture"shall include farming in all of its branches and the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural, aquacultural,floricultural or horticultural commodities,the growing and harvesting of forest products upon forest land, the raising of livestock including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes, bees, fur-bearing animals, and any forestry or lumbering operations, performed by a farmer, who is hereby defined as one engaged in agriculture or farming as herein defined, or on a farm as an incident to or in conjunction with such farming operations, including preparations for market,delivery to storage or to market or to carriers for transportation to market These statutes together establish that, to the extent the use of land or structures constitutes commercial agriculture, the Town cannot require a special permit for, unreasonably regulate, or prohibit such activities: (1) on land zoned for agriculture; (2) on land that is greater than five acres in size; and (3) on land of 2 acres or more if the sale of products from the agricultural use generates $1,000 per acre or more of gross sales. 2 In certain circumstances boarding kennels may be considered agriculture and covered by the protections provided under G.L, c. 40A, § 3. See Sturbridge v. McDowell, 35 Mass. App, Ct. 924, 926 (1993) (the boarding, breeding, raising, and training of dogs for sale is a protected agricultural use). Likewise, if the seasonal sale of Christmas trees and wreaths is incidental to a "cut your own"Christmas tree farm or a saw cut Christmas tree operation, then the sale may also be considered an agricultural use. See Henry v. Board of Appeals of Dunstable. 418 Mass. 841, 843 (1994) (planting of evergreen trees for saw cut operation or "cut your own" Christmas tree farm is protected agricultural use); compare Building Inspector of Peabody v. Northeast Nursery Inc., 418 Mass. 401 (1994) (if trees are planted and grown elsewhere and delivered to the business premises ready for sale, business premises not a protected agricultural use). If these uses qualify as commercial agriculture under G.L. c. 40A, § 3, the Town cannot prohibit, require a special permit for, or unreasonably regulate these uses. We suggest that the Town discuss with Town Counsel the proper application of G.L. c. 40A, § 3 to these uses. 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 these posting and publishing requirements are satisfied unless a later effective date is prescribed in the by-law, and (2) zoning by-laws and amendments are deemed to have taken effect from the date they were approved by the Town Meeting, unless a later effective date is prescribed in the by-law. Very truly yours, MARTHA COAKLEY ATTORNEY GENERAL A1V) _11111'_QrM* by: Margaret J. Hurley, Assistant Attorney General Chief, Central Massachusetts Division Director, Municipal Law Unit Ten Mechanic Street, Suite 301 Worcester, MA 01608 (508) 792-7600 x 4402 cc: Town Counsel William Lahey and Kevin Batt 3 TOWN CLERK'S CERTIFICATE I, Donna M. Hooper, Clerk of the Town of Lexington, Massachusetts, hereby certify that at the adjourned session of the 2013 Annual Town Meeting held on March 20, 2013, the following motion was adopted under ARTICLE 34. ARTICLE 34: AWND ZONING BYLAW 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 farther than 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 34 Motion Move that the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington,be amended as follows: 1. Delete in their entireties the following provisions of the existing Zoning By-law: Article I Purpose, Districts and Authority Article II Definitions Article III Administration and Enforcement Article IV Permitted Uses and Development Standards (includes Table 1) Article V Supplementary Use Regulations, Residential Uses Article VI Nonconforming Situations Article VII Dimensional Controls Article VIII Special-Zoning Districts Article IX Special Permit Residential Developments Article X Landscaping, Transition and Screening Article XI Off-Street Parking and Loading Article XI Traffic Article XIII Signs Article XIV Outdoor Lighting Article XV Wireless Communication Facilities Article XVI Dead End Streets and Drives Table 2 Schedule of Dimensional Controls 2. Substitute the following provisions in the attached document entitled "Chapter 135 Zoning" and dated March 20, 2013: Section 135-1.0 Purpose and Authority Section 135-2.0 Districts Section 135-3,0 Use Regulations Section 135-4.0 Dimensional Controls Section 135-5.0 General Regulations Section 135-6.0 Special Regulations Section 135-7.0 Special District Regulations Section 135-8.0 Nonconforming Uses and Structures Section 135-9.0 Administration and Procedures Section 135-10.0 Definitions 3. Modify the 2012 Zoning Map (incorporating amendments through Town Meeting 2012)with its existing district boundaries as follows: a. Remove the RM Districts and rezone them as follows: RM-1 Massachusetts Avenue and Woburn Street to RS RM-2 Waltham Street&Worthen Road to RS RM-3 Emerson Garden Road and Maple Street to RO RM-4 Worthen Road, near Bedford Street to RS RM-5 Shirley Street, at end to RS RM-6 Concord Avenue, near intersection of Waltham Street to RO RM-7 Waltham Street, Vynebrooke Village to RS RM-8 Woburn Street, near intersection of Lowell Street to RO b. Remove the following overlay districts: Wetland Protection District at Maple Street, the Great Meadows Wetland Protection District at Concord Avenue, Radio Towers Wetland Protection District at Hobbs Brook Basin 4. 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. (Note the only change between the March 13, 2013 document and the March 20, 2093 document is on page 36 in §5.2.6.8 where the reference to§5.2.8 is corrected to§5.2.6. Declared Adopted by more than the necessary two-thirds. A true copy. Attest: _ Donna M. Hooper, Town rk Appendix C Proposed Zoning To"CMK r� I%. D7 ZONING DISTRICTS Standard Districts Planned Development Districts RO - One Family Dwelling RD - Planned Residential RS - One Family Dwelling CD - Planned Commercial 0 RT-Two Family Dwelling Overlay Districts 0 CB ' Central Business Transportation Management Districts CLO - Local Office CM - Manufacturing FOR NATIONAL FLOOD INSURANCE DISTRICTS, SEE FLOOD INSURANCE RATE MAP. CN-Neighborhood Business -,> CRO - Regional Office 1 0.5 0 1Miles CRS - Retail Shopping 1:48,000 Ar} CS - Service Business Map Produced by The Town of Lexington Planning Department No Zone March 2013 Appendix C Proposed Zoning Map TPUE 00PY A:rrEST TOWNCLERK LF XMMN,MA `II i ZONING DISTRICTS Standard Districts Planned Development Districts RO - One Family Dwelling RD - Planned Residential RS - One Family Dwelling CD - Planned Commercial 0 RT -Two Family Dwelling Overlay Districts CB - Central Business Transportation Management Districts CLO - Local Office .._ CM - Manufacturing FOR NATIONAL FLOOD INSURANCE DISTRICTS, SEE FLOOD INSURANCE RATE MAP. CN-Neighborhood Business CRO - Regional Office 1 0.5 0 1Miles CRS- Retail Shopping 1:48,000 CS - Service Business Map Produced by The Town of Lexington Planning Department ® No Zone March 2013 mppendix D Map of Deleted Districts TUM Y ArrFsT &Apr CLERK LEXNGTON,MA RM-8 RM-5 RM-1• RM=3. RM=4 RM-7 WPDI.. RM-2 lb a�.. WPD RM-6 WPD �« Legend. 0 0.25 0.5 1 1.5 2 Wetland Protection District Miles RM Districts 1:48,000 RM-1:Massachusetts Avenue and Woburn Street (Russell Square) to RS RM-2:Waltham Street and Worthen Road (Captain Parker Arms) to RS RM-3:Emerson Garden Road and Maple Street (Emerson Gardens) to RO RM-4:Worthen Road,near Bedford Street (Battle Green Apartments) to RS RM-5:Shirley Street,at end (Greeley Village,LHA) to RS , RM-6:Concord Avenue,near intersection of Waltham Street (April Lane) to RO RM-7:Waltham.Street,Vynebrooke Village (LHA) to RS RM-8:Woburn Street,near intersection of Lowell Street (Countryside Village,LHA) to RO Map Produced by The Town of Lexington Planning Department March 2013 TOWN CLERK'S CERTIFICATE I, Donna M. Hooper, Clerk of the Town of Lexington, Massachusetts, hereby certify that at the adjourned session of the 2013 Annual Town Meeting held on March 20, 2013, the following motion was adopted under ARTICLE 29. ARTICLE 29: AMEND GENERAL BYLAWS— CONTRACTS AND DEEDS (Solar Energy Purchasing) MOTION: That Section 32-4 of Chapter 32 of the Code of the Town of Lexington be amended by adding after the words"Community television services 10"the words "Leases, licenses, power purchase agreements, agreements for payments in lieu of taxes (PILOTs), and/or other agreements for the purpose of installing solar energy facilities and purchasing solar electricity 20"; 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. Adopted Unanimously. A true copy. Attest: Donna M. Hooper4Townfleqrk:- TRUE COPY ATrEV Chapter 32. CONTRACTS AND DEEDS &mxa A7w TOWN CLERK §32-1.Compliance with bidding requirements;award of contracts. t,EXIIdG' N,MA [Amended 3-20-1968 ATM by Art. 33; 1-26-1981 STM by Art. 12;4-8-1991 ATM by Art. 44; 4-11-2001 ATM by Art. 32]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 shall 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 ATM by Art. 82] 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$100,000 for the purchase of goods or services, orforthe 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 Town funds in carrying out such arrangements and programs 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. Whenever 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 bylaw,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 Seal, §32-4.Authorization to solicit, award and entercertain contracts. [Added 3-31-2008 ATM by Art. 33;amended 3-22-2010 ATM by Art. 26] Unless otherwise prohibited by law,the Town and all of its departments, under the supervision 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: Type of Contract Number of Years 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 10 Purchase of oil, fuel and electricity - 5 Lighting maintenance 10 Waste disposal and recycling 20 Water supply 20 Community television services 10 Leases Licenses power purchase agreements agreements for payments in lieu of taxes(PILOTS) and or other agreements for the purpose of installing solar energy facilities and purchasing solar electricity 20 All other contracts 5 TOWN CL CERTIFICATE I, Donna M. Hooper, Clerk of the Town of Lexington, Massachusetts, hereby certify that at the adjourned session of the 2013 Annual Town Meeting held on March 18, 2013, the following motion was adopted under ARTICLE 30. ARTICLE 30: AMEND GENERAL BYLAWS TREES MOTION: That Chapter 120 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 Chapter 120 (Trees) of the Code of the Town of Lexington as follows: In Section 120-3, delete the first sentence of the definition of SETBACK AREA in its entirety and replace it with the following: The minimum setback area around a lot shall be measured in accordance with the larger dimension of: (i) 30 feet from the front and 15 feet from the two sides and from the rear of the lot; and (ii) the minimum front yard, side yard and rear yard dimensional requirements under the Zoning Bylaw of the Town of Lexington. In Subsection 120-8.C(1), delete the words "1/2 inch of caliper" and replace with the words "one inch of caliper"; or act in any other manner in relation thereto. Adopted. A true copy. Attest: Donna M. Hooper, Town lerk Chapter 120.TREES TRUE OOPY ATTEST § 120-1. Findings. The Town of Lexington finds that mature trees have aesthetic appeal, contribute to the TowN cLERK distinct character of certain neighborhoods, improve air quality, provide glare and heat LEXINGTON,MA protection, reduce noise, aid in the stabilization of soil, provide natural flood- and climate- control, create habitats for wildlife, enhance property values and provide natural privacy to neighbors. § 120-2. Intent and purpose. This bylaw is enacted for the purpose of preserving and protecting both public shade trees pursuant to General Law Chapter 87 and certain trees on portions of private property. To achieve these purposes, this bylaw establishes a Tree Committee and empowers the Committee, in conjunction with the Tree Warden, to regulate the removal and replacement of trees in certain circumstances, and to promote the plantingand protection of trees throughout the Town.It is desirable that the Town plant more trees than are removed to compensate for tree losses and the length of time to maturity.The provisions of this bylaw, when pertaining to private property, apply only when there is major construction or demolition as defined below and only within setback areas. § 120-3. Definitions. A. When used in this bylaw, the following definitions shall apply: CALIPER Diameter of a tree trunk (in inches)measured six inches above the ground for trees up to and including four-inch diameter, and 12 inches above the ground for larger trees. DBH ("Diameter at Breast Height") The diameter(in inches)of the trunk of a tree (or, for multiple trunk trees, the aggregate diameters of the multiple trunks) measured 4 1j2 feet from the existing grade at the base of the tree. DEMOLITION Any act of pulling down, destroying, removing or razing building or commencing the work of total or substantial destruction with the intent of completing the same. MAJOR CONSTRUCTION Any construction of a structure on a vacant lot,or any construction of one or multiple structures or additions to structures on an existing lot,wherein there would result an increase of so% or more in the total footprint of the new structure(s),when compared to the total footprint of the pre-existing structu re(s). PERSON Any person, firm, partnership, association,corporation,company or organization of any kind including public or private utility and municipal department. PROTECTED TREE Any tree on private land, with a DBH of six inches or greater (or any multiple trunk tree with a DBH of 15 inches or greater),located in the setback area (or which, as determined by the Tree Warden, has any portion of the stem between six inches and 41j2 feet above grade actively growing into the setback area),provided that tree is not,hazardous or undesirable as defined in the Tree Manual. [Amended 4-4- 2007 ATM by Art.13] PUBLIC SHADE TREE Any tree within the public right-of-way except for state highways that, as determined by the Tree Warden, has any portion of the stem between six inches and 4 1/2 feet above grade actively growing into the public right-of-way. SETBACK AREA 15 feet f rn the two sides f and„ rn the—roast e let The minimum setback area around a-lot shall be measured in accordance with the larger dimension of: (i) 30 feet from the front and 15 feet from the two sides and from the rear of the lot; and (ii) the minimum front yard, side yard and rear yard dimensional requirements under the Zoning Bylaw of the Town of Lexington, For the purposes of establishingthe setback area in which the provisions of this bylaw shall apply, the measurement shall be from any point on any property line of the lot, to points along an imaginary line drawn representingthe setback area asspecified. Finaljudgments regarding required tree protections during construction shall be made by the Tree Warden where deviations from the setback are required. [Amended 4-4-2007 ATM by Art.13] TItlJF,Oc)Pll A TOWN TREE Any tree within a public park or open space under the jurisdiction of the Selectmen To"CLERK acting as park commissioners, on public school grounds, or on any other Town- LEXINGTON.MA owned land. TREE REMOVAL Any act that will cause a tree to die within a three-year period. B.The Tree Committee may provide other such definitions or terms in rules and regulations, approved by the Selectmen, deemed useful to implement this bylaw. § 120-4. Applicability. A. Applicability.The circumstances under which the tree protection, removal and replacement regulatory process delineated in this bylaw shall apply are as follows: (1) Proposed cutting (trunk, limbs or roots) of existing public shade trees on public and private ways (accepted or unaccepted streets) or of Town trees on Town- owned (or leased land being used as a public facility) by any person. (2) Proposed demolition of an existing residential or nonresidential structure. (3) Proposed major construction on an existing residential or nonresidential lot. B. For sites under the jurisdiction of the Planning Board or Zoning Board of Appeals, the Planning Board or Zoning Board of Appeals may,by including in their findings an explanation of the reasons, waive in part or in full this bylaw when they deem it necessary for the good of the community. [Amended 3-23-2011 ATM by Art.31] § 120-5.Tree Warden. The Public Grounds Superintendent within the Department of Public Works shall serve as the Tree Warden unless another designee is appointed by the Selectmen. A.The duties or responsibilities of the Tree Warden shall conform to General Law Chapter 87 and shall include, but not be limited to, the following as maybe further specified in this bylaw: (1) Management of all trees within public rights-of-way and adjacent to public buildings and commons; care and control of trees on Town property if so requested by the Selectmen, and on Town land owned by other departments such as Schools, Recreation and Conservation, if so requested by the respective department and approved by the Selectmen; _ (2) Expending funds, in coordination with the Tree Committee, appropriated for planting trees on Town land under the jurisdiction of the Tree Warden; (3) With recommendations from the Tree Committee, granting or denying and attaching reasonable conditions to all permits required under this bylaw; (4) Work in conjunction with the Tree Committee to seek grants or other assistance concerning the preservation and maintenance of trees in Town; (s) Development of rules, regulations, tree inventory, manuals and other data, in conjunction with the Tree Committee, to carry out the purposes and intent of this bylaw for approval and promulgation by the Selectmen; (6) Enforcement of this bylaw; (7) Appointment or removal of Deputy Tree Wardens. B. Moreover, the Selectmen may authorize the Tree Warden to undertake other responsibilities consistent with the purposes and intent of this bylaw. § 120-6.Tree Committee. E COPY ATTi: T A.The Town shall have a Tree Committee that consists of seven members as appointed by the Selectmen. For the first appointments, three members will serve one-year terms; two members will serve two-year terms; and two members shall serve three- year terms. All members up for renewal will then serve three-year terms. TOWN CLERK Lr_XlNoTON MA B.The Tree Committee shall have the following duties and responsibilities as may be further specified in this bylaw: (1) Development of rules, regulations, tree inventory,manuals and other data, in conjunction with the Tree Warden, to carry out the purposes and intent of this bylaw, for approval and promulgation by the Selectmen; (2) Permit the removal of certain trees on private property upon appeal,by an applicant; (3) Public education and coordination with other Town Committees and civic groups to promote the purposes and intent of this bylaw; (4) Work in conjunction with the Tree Warden to seek grants or other assistance concerning the preservation and maintenance of trees in Town. § 120-7. Public shade treesand Town trees. A. Scope.A public shade tree or Town tree may not be cut, pruned, removed or damaged by any person or the Town until and unless the Tree Warden issues a written permit pursuant to this section. B. Procedures. Any person seeking to prune or remove a public shade tree or Town tree shall submit an application to the Tree Warden in accordance with any application requirements issued by the Tree Warden. The Tree Warden shall hold a public hearing on applications for removal, at the expense of the applicant, in accordance with the provisions outlined within General Law Chapter By,The permit issued by the Tree Warden may specify schedules, terms, and conditions ,including requiring the planting of replacement trees. C. Planting of trees on Public Land.Any person seeking to plant a tree on public land under the jurisdiction of the Tree Warden must obtain written permission from the Tree Warden. Such permission may specify schedules, terms, and conditions as deemed appropriate by the Tree Warden. § 120-8. Protected trees. A. Scope.The removal of protected trees in conjunction with demolition or major construction is prohibited unless authorized by the Tree Warden, or Tree Committee asset forth below. B. Procedures. When major construction or demolition is planned the owner of the property shall submit to the Building Commissioner as part of the application for a building or demolition permit a site plan drawn and stamped by a registered land surveyor showing all existing trees on the property of six-inch DBH or greater. [Amended 4-4-2007 ATM by Art.13] (1)If any protected trees will be removed or damaged in connection with major construction or demolition, the owner of the property shall submit a proposal for tree removal and mitigation to the Building Commissioner with the application for a building or demolition permit. Additionally, if any protected trees were removed during the 12 months precedingthe application for the building or demolition permit, a tree removal and mitigation proposal regarding the protected trees already removed shall be. submitted to the Building Commissioner. The proposal shall satisfy the mitigation requirements set forth below and any rules,regulations or manuals promulgated by the Selectmen. The Selectmen shall set an application fee. Such fee shall be at least $5 per DBH inch of protected tree to be removed. [Amended 3-19-2008 ATM by A rt.37] 'P (2) The Building Commissioner shall refer the tree proposal to the Tree Warden. The T RIDE COPY ATTEST p�( Tree Warden shall conduct a site visit. If the applicant's proposal is consistent with the mitigation requirements herein and the rules, regulations or manuals issued by kwfillAiiiry the Selectmen, the Tree Warden will issue a permit within 10 business days of TOWN CLERK receipt by the Tree Warden of the proposal to authorize the tree work. If the LEXINGTON,MA proposal does not meet or satisfy these requirements,the Tree Warden shall so notify the applicant and deny the permit. (3)An applicant may appeal the denial or grant of a tree permit to the Tree Committee. The Tree Committee shall conduct a public hearing on the appeal and shall give the public notice thereof, at the expense of the applicant. Public notice shall include all persons owning land within 300 feet of any part of applicant's land at least 14 days before said hearing The Tree Committee shall rule within 20 days of the public hearing. (4) Appeals of final decisions of the Tree Committee shall be to Superior Court and shall be limited to whether the decision was arbitrary or capricious. C. Mitigation. A protected tree shall not be removed unless at least one of the following provisions is satisfied: (1) Replanting of trees: such replanting shall be on the basis of 1/2 inGh of GalipTo n e inch of caliper of new trees)for each inch of DBH of tree(s) removed,and each replanted tree must have a minimum caliper of three inches.The replanting shall occur no later than 12 months after completion of the construction work, either on applicant's land or on land abutting applicant's land with express approval of the owner of such abutting land; (2) Contribution into the Lexington Tree Fund,provided such fund is annually reauthorized, or otherwise to the surplus revenue of the Town: such contribution shall be $so per DBH inch of protected tree or Town tree removed not already mitigated as per Subsection C(1);or [Amended 3-31-2004 ATM by Art.34;4-4-2005 ATM by Art.16] (3) (Reserved) Editors Note: Former Subsection C(3), which required the applicant to demonstrate the desirability of removal of a protected tree, was repealed 3-22-201OATMby Art.2J. (4) All evergreens planted as replacement trees must be a minimum of sixfeet in height and may include,without limitation, pine, hemlock, spruce and fir. Low-growing evergreens shall not be accepted as replacement trees. [Added 4-4-2007 ATM by Art.13] D.Trees not removed. Trees that are to be left on the site must be protected as specified in the Tree Management Manual (pages 19-20 and figures 9, 10 and 11). [Added 4-4-2007 ATM by Art.13] E.Failure to protecttrees not removed. Trees left on site must be protected; and if not done so as required by this bylaw, the Tree Warden may impose the following: [Added 4-4-2007 ATM by Art.13] (1) The Town may undertake tree protection measures and bill for any labor and material charges incurred. (2)The Town may require replacement plantings larger than three inches in diameter to replace trees damaged during construction. (3)The Town may hire an arborist whose charges will be billed to the owner/builder to ensure that trees left on the site will survive and remain healthy. (4) The Town may impose fines as per the fine schedule in § 120-10 of this bylaw. TOWN CL CERTIFICATE I, Donna M. Hooper, Clerk of the Town of Lexington, Massachusetts, hereby certify that at the adjourned session of the 2013 Annual Town Meeting held on March 27, 2013,the following motion was adopted under ARTICLE 31. ARTICLE 31: AMEND GENERAL BYLAWS—DEMOLITION DELAY BYLAW MOTION: That Chapter 19 (Buildings, Demolition of) of the Code of the Town of Lexington be amended by adding a new section as follows: §19-8 Notice of Proposed Inclusion of Building in Cultural Resources Inventory. A. Prior to inclusion of a building or portion thereof in the Cultural Resources Inventory,the Commission shall provide advance written notice of no less than 21 (twenty-one) days, sent to the address of the owner of record of said property, as maintained in the Assessor's Office. Said notice shall include the date of the meeting at which the Commission will deliberate on inclusion of said building in the Cultural Resources Inventory. 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. Adopted. A true copy. Attest: Donna M. Hooper, Town Clerk TRUE OOPY AWEST Chapter 19. BUILDINGS, DEMOLITION OF &WIA7W To"CLERK LEXINGTON,MA Article I. Historically or Architecturally Significant Buildings Outside of Historic Districts § 19-1. Intent and purpose. This by-law is enacted for the purpose of preserving and protecting significant buildings within the Town which are outside historic districts and to encourage owners of such buildings to seek out persons who might be willing to purchase,preserve, rehabilitate or restore such buildings rather than demolish them. To achieve these purposes the Lexington Historical Commission (the "Commission")is empowered to advise the Building Commissioner with respect to the issuance of permits for demolition of significant buildings. The issuance of demolition permits for significant buildings is regulated as provided in this by- law. §19-2. Definitions. As used in this article, the following terms shall have the meanings indicated: BUILDING Any combination of materials forming a shelter for persons, animals or property. COMMISSION The Lexington Historical Commission. DEMOLITION Any act of substantially pulling down, destroying, removing or razing a building or any portions thereof, or commencing the work of total or substantial destruction with the intent of completing the same. "Demolition"as used herein shall be deemed to include demolition by neglect.[Amended 4-11-2007 ATM by Art. 15] DEMOLITION BY NEGLECT A process of ongoing damage to the fabric,viability and/or functionability of an unoccupied building leading towards and/or causing its eventual demolition due to decay and/or structural failure and/or severe degradation over a period of time as a result of a general lack of maintenance,and/or failure to secure the building from pests or vandals, and/or failure to take reasonable measures to prevent the ingress of water, snow, ice,and wind through the roof, walls,or apertures.[Added 4-11-2007 ATM by Art. 15] SIGNIFICANT BUILDING Any building or portion thereof not within an historic district butwhich: A.Is listed on, or is within an area listed on,the National Register of Historic Places,or is the subject of a pending application for listing on said National Register;or B.Is included in the Cultural Resources Inventory prepared by the Commission including those buildings listed for which complete surveys may be pending; or C.Has been determined by vote of the Commission to be historically or architecturally significant in terms of period, style,method of building construction, or association with a famous architect or builder provided that the owner of such a building and the Building Commissioner have been notified, in hand or by certified mail,within 10 days of such vote. §19-3.Review of demolition permit applications. A. Upon receipt of an application for a demolition permit for a significant building the Building Commissioner shall forward a copy thereof to the Commission.No demolition permit shall be issued at that time. B,The Commission shall fix a reasonable time for the hearing on any application and shall give public notice thereof by publishing notice of the time, place,and purpose of the hearing in a local newspaper at least 14 day's before said hearing and also,within seven days of said hearing, mail a copy of said notice to the applicant,to the owners of all property deemed by the Commission to be affected thereby as they appear on the most recent local tax list, to the Lexington Historic Districts Commission and to such other persons as the Commission shall deem entitled to notice, TRUE MPY ArrEST TOWN CLERK C.If, after such hearing,the Commission determines that the demolition of the significant building would notL$XINGTON,MA be detrimental to the historical or architectural heritage or resources of the Town, the Commission shall so notify the Building Commissioner within 10,days of such determination. Upon receipt of such notification, or after the expiration of 15 days from the date of the conduct of the hearing if he has not received notification from the Commission, the Building Commissioner may,subject to the requirements of the State Building Code and any other applicable laws,by-laws,rules and regulations, issue the demolition permit. D. If the Commission determines that the demolition of the significant building would be detrimental to the historical or architectural heritage or resources of the Town, such building shall be considered a preferably-preserved significant building. E. Upon a determination by the Commission that the significant building which is the subject of the application for a demolition permit is a preferably-preserved significant building, the Commission shall so advise the applicant and the Building Commissioner, and no demolition permit may be issued until any one of the conditions in §19-317 is met, [Amended 4-11-2007 ATM by Art. 15] F.The Building Commissioner may issue a demolition permit for a preferably-preserved significant building at anytime after: [Amended 4-11-2007 ATM by Art. 15] (1) He receives written notice from the Commission that it is satisfied that there is no reasonable likelihood that either the owner or some other person or group is willing to purchase,preserve, rehabilitate or restore such building;or (2) He receives written notice from the Commission that it is satisfied that the owner has made continuing bona fide and reasonable efforts to locate a purchaser to preserve, rehabilitate and restore the subject building, and that such efforts have been unsuccessful; or (3)A period of 12 months shall have elapsed since the date of the Commission's determination that the significant building which is the subject of the application for a demolition permit is a preferably- preserved building. §19-4. Demolition by neglect. [Added 4-11-2007 ATM by Art. 15 Editor's Note: This article also renumbered former §§19-4 and 19-5 as §§ 19-5 and 19-7,respectively. ] A. If the Commission has reason to believe,through visual inspection or other means,that a significant building may be undergoing demolition by neglect,then the Commission shall notify the Building Commissioner and the owner, and the Commission and the Building Commissioner shall jointly hold a public hearing to i) confirm whether or not the building is a significant building and ii)determine whether or not it is undergoing demolition by neglect, which shall require the concurrence of the Building Commissioner, In furtherance of determining its condition, the Commission may,at any time, request an inspection of the building by the Building Commissioner, B. If the Commission and the Building Commissioner both determine that the building is undergoing demolition by neglect,the Commission and the Building Commissioner shall attempt to negotiate a voluntary agreement with the owner for appropriate and timely repairs sufficient to structurally stabilize the building and/or prevent further deterioration. C. In the event that the Commission and the Building Commissioner both determine that they are not able to negotiate such an agreement with the owner, for any reason, or that the owner has agreed to undertake but has failed to satisfactorily complete such repairs in a timely manner,then the Commission and the Building Commissioner may take such action as is permitted under§19-5,including seeking a court order that specific repairs be undertaken to secure the building against the elements, vandals and vermin, to halt further deterioration, and to stabilize it structurally. The Commission may forbear from commencing an action in court for any reason. TRUE COPY AnWT TOWN CLERK LL �TG ICON,MA D.Upon completion of all repairs that have been agreed upon between the owner and the Commission an the Building Commissioner or that have been ordered by the Commission and the Building Commissioner, or that have been ordered by the court, and upon certification by the Building Commissioner that said repairs have been completed, the Commission shall certify that the building is no longer undergoing demolition by neglect. §19-5. Enforcement and remedies. A.The Commission and the Building Commissioner are each authorized to institute any and all proceedings in law or equity as they deem necessary and appropriate to obtain compliance with the requirements of this by-law,or to prevent a violation thereof. B.No building permit shall be issued with respect to any premises upon which a significant building has been voluntarily demolished in violation of this by-law for a period of two years after the date of the completion of such demolition or the date by which the Commission and the Building Commissioner both have determined that a building is undergoing demolition by neglect,whichever date is later, except pursuant to the issuance of a building permit pursuant to an agreement reached under §19-46 herein, or as otherwise agreed to by the Commission.As used herein "premises"includes the parcel of land upon which the demolished significant building was located. [Amended 4-11-2007 ATM by Art. 15] C.Upon a determination by the Commission that a building is a preferably-preserved significant building, the owner shall be responsible for properly securing the building if vacant,to the satisfaction of the Building Commissioner, Should the owner fail so to secure the building, the loss of such building through fire or other cause shall be considered voluntary demolition for the purposes of Subsection B of this section. § 19-6. Demolition on account of threat to public safety. [Added 4-11-2007 ATM by Art. 15] Notwithstanding any other provision of this by-law,nothing herein shall be construed to prevent the demolition of any structure or portion thereof which the Building Commissioner shall certify is required by the public safety because of an unsafe or dangerous condition. § 19-7. Severability. If any section, paragraph or part of this by-law be for any reason declared invalid or unconstitutional by any court, every other section, paragraph and part shall continue in full force and effect. §19-8. Notice of Proposed Inclusion of Building in Cultural Resources Inventory. A. Prior to inclusion of a building or portion thereof in the Cultural Resources Inventor Commission shall provide advance written notice of no less than 21 (twenty-one) days, sent to the address of the owner of record of said property, as maintained in the Assessor's Office. Said notice shall include the date of the meeting at which the Commission will deliberate on inclusion of said building in the Cultural Resources Inventor TOWN CLERK'S CERTIFICATE I, Donna M. Hooper, Clerk of the Town of Lexington, Massachusetts, hereby certify that at the adjourned session of the 2013 Annual Town Meeting held on March 20, 2013, the following motion was adopted under ARTICLE 32. ARTICLE 32: AMEND GENERAL BYLAWS -ELECTRONIC VOTING MOTION: That Chapter 118 of the Code of the Town of Lexington 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 the Code of the Town of Lexington: Delete Section 118-17 in its entirety and replace it with the following: Section 118-17. Voting. A. Voting in Town Meeting shall be by: (1) voices of the members, or (2) a counted vote by: (a) an electronic tally and display system used: i. By itself to reflect the vote, or ii. In conjunction with a voice vote, as authorized herein("the electronic system"), or (b) members standing, or (c) writing, or (d) roll-call poll. B. Vote taken by voices of the members: (1) Whenever only a majority vote is required,the Moderator shall first announce the vote as it appears to him/her by the sound. If the Moderator is unable to decide by the sound of the voices, or if the announcement is thereupon doubted by 20 or more members rising in their places for that purpose,the Moderator shall,without debate, order a counted vote. (2) Whenever a two-thirds vote is required by statute, anything in the By-Laws, or other authority, such vote may be declared as such by the Moderator as it appears to him/her by the sound and be recorded as such by the Town Clerk upon such declaration, provided, however,that if the announcement is thereupon doubted by seven or more members rising in their places for that purpose, a counted vote shall be taken. C. Electronic system: (1) After a public hearing,the Moderator, in consultation with the Board of Selectmen, and the Town Clerk, is authorized to define operating rules governing the use of the electronic system. Beyond addressing the general procedures for operating the electronic system,these rules shall include, but not be limited to, procedures for: (a) Challenging a vote, (b) Enhancing the security and.integrity of the voting process, (c) Testing of the electronic system every time it is started, and (d) A physical record of the results of each electronic vote being provided to the Town Clerk immediately following each electronic vote. (2) Use of the electronic system and its corresponding operating rules must be authorized by a two-thirds majority vote of Town Meeting. (a) Such authorization may occur at a session of any Town Meeting, but must occur before the electronic system is used. (b) Such authorization shall remain in effect unless challenged by 40 or more members rising in their places for that purpose or substantive change(s)of the i rules are defined by the Moderator following the process of C(1). In either event, authorization for use of the electronic system must again be put to a two- thirds majority vote of Town Meeting. (3) At the Moderator's discretion or at the request of 20 or more members rising in their places for that purpose,the vote on any motion shall be taken by use of the electronic system. (4) Votes taken using the electronic system shall be displayed to Town Meeting Members in their places and the public before the Moderator announces the vote. The display shall minimally show; (a) A short form with the final tally of"yes","no", "abstain", and missing votes when the electronic vote is accompanied by a voice vote, or (b) A long-form listing each Town Meeting Member's name, or an abbreviation that is unique among members of that Town Meeting,his/her precinct,his/her yes "abstain", or lack of vote and the final tally of the votes by those same categories. At the Moderator's discretion or at the request of 20 or more members rising in their places for that purpose,the long-form listing of subsection C(4)(b) shall be used even if the electronic vote is accompanied by a voice vote. (5) Votes taken using the electronic system in conjunction with a voice vote shall be determined by the results reported by the electronic system. D. Standing Vote (1) At the Moderator's discretion or at the request of 40 or more members rising in their places for that purpose, the vote on any motion shall be taken by use of a standing vote. (2) The Moderator may at any time during Town Meeting before the first standing vote appoint tellers to make and return the count of any standing vote during that Town Meeting. E. Vote taken in writing or by poll. At the Moderator's discretion or at the request of 50 or more members rising in their places for that purpose,the vote on any motion shall be taken; (1) In writing on a list by precinct, and for members-at-large on a list of such members, upon which each member shall record his/her vote and affix his/her signature; or (2) By a roll-call poll of the meeting by the Town Clerk. F. Record of votes: (1) If Subsection E(1)above is used,the signed lists shall constitute the official vote of the meeting, a permanent public record of which shall be maintained by the Town Clerk. (2) A record of the vote taken by the electronic system or in the manner specified in Subsection E(1) or E(2) above shall be made available electronically to the public within 24 hours of the vote. The record shall disclose how each Town Meeting member voted. G. When a motion is readily divisible, it shall be divided and the vote upon each part taken separately, provided the Moderator deems the division beneficial or at the request of 25 or more members rising in their places for that purpose. Adopted. A true copy. Attest: ' Yl Donna M. Hooper, Town Cl � Chapter 11 8. TOWN MEETINGS 'i'RU8 COPY ATTI~.ST AltaA7W WN Article I. Calling and Notice L,EEXXINGTO,M § 118-1. Meeting called by warrant. Every Town meeting shall be called by a warrant directed to a constable or other duly appointed person. Such warrant shall contain articles briefly setting forth the various subject matters which may be considered and acted upon at such meeting. § 118-2. Posting and mailing of warrant. [Amended 1-11-1971 STM by Art. 7;4-4-1977 ATM by Art. 61; 5-3-1982 ATM by Art. 48; 4-4-2007 ATM by Art. 9] The warrant for a Town meeting shall be served by posting a printed copy thereof in the Town Office Building and also by sending by mail, postage prepaid, not less than seven days,or in the case of a special Town meeting not less than 14 days,before the time stated in the ,warrant for holding such meeting a printed copy of such warrant addressed to each dwelling house and to each dwelling unit in multiple dwelling houses,apartment buildings or other buildings in the Town. The warrant for a state election need only be served by posting a printed copy thereof in the Town Office Building. § 118-3. Delivery to Clerk of original warrant. The officer or person appointed to serve the warrant for a Town meeting shall,immediately after making the service thereof, deliver to the Town Clerk the original warrant, with his return endorsed thereon stating fully the manner in which he served the same. § 118-4. Annual meeting date. The annual meeting of the Town for the election of Town officers and Town meeting members and the transaction of municipal business shall be called for the first Monday of March in each year, provided, however, that if it shall fail to be so called in consequence of any defect in the warrant or other irregularity, it shall be called for a date as soon thereafter as may be practicable. § 118-5. Commencement of annual meeting. [Amended 5-3-1982 ATM by Art. 48] The annual meeting of the Town shall commence with the opening of the polls for voting continuously from 7:00 in the morning until 8:00 in the evening. Immediately upon the announcement of the result of the voting,the meeting shall stand adjourned until such time and at such place as shall be set forth by the Selectmen in the warrant for the meeting. § 118-6. Notice of adjourned session. [Amended 3-31-1976 ATM by Art. 75] The Town Clerk, as soon as practicable after the Town meeting is adjourned, except the adjournment provided for in the preceding section, shall give notice of the time to which the meeting is adjourned and of the business to be acted upon. Such notice shall be posted in the Town Office Building. Article II. Election of Officers § 118-7. Procedure. Every Town meeting for the election of Town officers and Town meeting members and any other matters to be acted upon and determined by ballot of the voters shall be by meetings of the voters of the several precincts in the polling places designated for their respective precincts at the time fixed in the warrant and shall be conducted in accordance with the General Laws relating to precinct voting at elections. i)1 Tp UE DOPY pT°t ESfi a -- A?J Article III. Transaction of Municipal Business To"CLERK LEXINGTON,MA § 118-8. Call to order. Every representative Town meeting shall meet at the time and place fixed in the warrant and shall be called to order by the Moderator. In the absence of the Moderator, the meeting shall be called to order by the Town Clerk,who shall preside until a temporary moderator is chosen. §118-9. Reading of warrant. Immediately after the calling of the meeting to order by the Moderator, the warrant for the Town meeting and the return of the person who served the same shall first be read by the Town Clerk, unless the meeting votes that the reading of the articles in the warrant be dispensed with. § 118-10. Area reserved for members. At all representative Town meetings held in Cary Memorial Hall a space on the floor of the Main Hall shall be reserved for Town meeting members and no person who is not a member shall be admitted within the reserved area unless otherwise ordered by the Moderator or by vote of the meeting. Checklists of members shall be kept at convenient places adjacent to the entrances to said reserved space during all meetings and for a reasonable time prior to the opening of the meetings, and members shall be admitted to said reserved area upon giving their names to checkers in charge of said lists. § 118-11. Moderator. A. The Moderator shall preserve order and decorum. He may speak to points of order in preference to other members, Each question of order, with the decision thereon, shall be entered by the Clerk in the records of the meeting. B.To the extent that this bylaw is not inconsistent with Chapter 215 of the Acts of 1929, as amended,the Moderator may, at the first session of the Annual Town Meeting or the first town meeting following the election of the Moderator, nominate a voter as Deputy Moderator, subject to the election by the town meeting members,to serve throughout the Moderator's term of office as temporary Moderator with all the powers and duties of the Moderator, in the event of the Moderator's absence, recusal, or disability, or a midterm vacancy in the office of the Moderator, until such vacancy is filled according to law. [Amended 3-31-2008 ATM by Art. 35] § 118-12. Motions and order of business. A. Unless otherwise provided by law or by bylaw,all motions shall require only a majority vote. B.All articles in the warrant shall be taken up in their order upon the warrant unless otherwise ordered by a vote of the meeting, and no motion or resolution, the subject matter of which is not set forth in some article in the warrant, shall be entertained. C. Every motion shall be reduced to writing and signed by the member presenting it when so requested by the Moderator, and before receiving any motion the Moderator may require that it be seconded;a motion may be withdrawn by the mover if no objection is made. D.No motion carrying an expenditure or appropriation of money, except where such expenditure is required by law,shall be acted upon at any Town meeting until some report thereon has been made by the Appropriation Committee. 3 E,After a vote has been taken finally disposing of any warrant article, or of any part thereof that had been divided out for separate consideration, such warrant article or part shall be deemed to be closed and no further action shall be taken thereon except by means of a motion to reconsider as provided in § 118-14 herein. For purposes of this subsection, a vote to lay upon the table or to commit shall not be considered a final disposition. [Amended 3-23-2011 ATM by Art. 30] F. No motion,the effect of which would be to dissolve the meeting, shall be in order until every article in the warrant for such meeting has been finally disposed of, except by a vote of at least 2/3 of those present and voting, but this shall not preclude an adjournment of the meeting to some other date. § 118-13. Rules of debate. A.No member shall address the meeting without first being recognized by the Moderator, and all members shall at the request of the Moderator be silent.When two or more members rise to speak at the same time,the Moderator shall name the one entitled to speak. B.No member while speaking shall be interrupted by another, except to call to order, or for a privileged motion, or to give notice of a motion to reconsider. C.No member shall speak more than once on any question to the prevention of those who have not spoken and desire to speak thereon. D.Without first obtaining leave of the meeting, no member shall speak more than twice on any question except to correct a mistake or misstatement or to make an explanation, and no member shall speak more than 10 minutes at any one time without being again recognized by the Moderator. E.Any voter who is not a Town meeting member may speak at any meeting, but in so speaking shall be subject to the same limitations as members. F.A motion to waive the limitations set forth in Subsection D of this section, or to dissolve the meeting or that the vote upon the question under consideration be taken by ballot with the use of the checklist shall be in order at anytime, except on an immediate repetition of the same motion or pending a verification of a vote, and none of these motions shall be open to debate. [Amended 4-11-1990 ATM by Art. 40] G.When a motion is under debate no motion other than those mentioned in the preceding subsection shall be entertained, except the following subsidiary motions, which several motions shall have precedence in the order in which they are arranged in this bylaw, and all shall be open to debate, except the first two, namely: (1)To lay upon the table, or take from the table. TRUE ,Y (2) For the previous question. (3) To close the debate at a specified time. lualfv (4)To postpone to a time certain. (5)To commit, or re-commit, or refer. TOWN CLERK (6)To amend. uxiN'v'T N,Ails (7) To postpone indefinitely. H. During debate on subsidiary motions listed in Subsection G, no person shall speak more than three minutes or more than once, and debate shall be limited to 10 minutes, except that the.debate on the subsidiary motion to amend shall be 30 minutes unless changed by vote of the meeting. [Amended 4-11-1990 ATM by Art. 40] I.When debate is closed by ordering the previous question or by vote to close debate at a specified time, the maker of the main motion or the amendment under consideration shall be allowed to speak for three minutes and may grant to any other member a part or all of his time, or give his time to the meeting, [Amended 4-11-1990 ATM by Art. 40] J.Debate may be closed at any time not less than 10 minutes from the adoption of a motion to that effect. § 118-14. Reconsideration. A. No vote shall be reconsidered except in accordance with one or more of the following provisions: [Amended 3-23-2011 ATM by Art. 30] (1)Where notice by any member has been given at the same session of the meeting and within 30 minutes after the result of a vote under an article has been declared, a motion to reconsider that vote may be made at any subsequent session of the meeting and shall prevail if approved by a majority of the members voting. (2)A motion to reconsider may be made at any time by a member during Town Meeting if(a) authorized to do so by a majority of either the Board of Selectmen, or the Appropriation Committee,or the Capital Expenditures Committee, and (b)for the sole purpose of balancing the budget and/or making technical corrections. Such a motion shall prevail if approved by a majority of the members voting. (3)Any member may make a motion to reconsider under circumstances other than Subsection A(1) or(2) of this section, and such motion shall prevail only if approved by at least 2/3 of the members voting. B.The debate on a motion to reconsider shall be limited to 30 minutes and no person shall speak more than five minutes at one time nor more than once without the leave of the meeting. C.When a motion to reconsider is decided, such decision shall not be reconsidered. No question shall be twice reconsidered, except for questions reconsidered under Subsection A(2)and (3) herein, for which there shall be no limit to the number of times such questions may be reconsidered. Notwithstanding anything to the contrary herein,no vote shall be reconsidered upon the following motions, namely: [Amended 3-23-2011 ATM by Art. 30] (1)To adjourn. 'Baia Copy ATMT (2) For the previous question. (3) To lay on the table. IWA 4 OF& (4)To take from the table. TOWN CLERK (5) To close debate at a specified time, LEXINGTON,MA § 118-15. Previous question. A.The previous question shall be put in the form: "Shall the question on the amendment now be put?" for an amendment or, alternatively, "Shall the main question now be put?"for a main motion and all debate shall be suspended until the previous question is decided. B. The adoption of the previous question shall put an end to all debate on the motion under consideration except as provided in§ 118-131 of this article. TRUE con ATTEST 4 § 118-16. Amendments. TowN cL1ERK LEMGTON,MA A.An amended amendment cannot be amended and no motion or proposition of a subject different from that under consideration shall be entertained under color of an amendment. B. In filling blanks, or in cases of several amendments of different amounts, or periods of time, the largest sum and the longest time shall be put first and an affirmative vote thereon shall be a negative vote of any smaller sum or shorter time. § 118-17. Voting. A.When a question is put(in case only a majeFity vote is required) the sense ef the meeting shall be deteFMined by the veiGes ef the members,and the Mederatc)r shall first anneuRGe the vete as it appears to him by the sound. if the Moderator is unable to deGide by the sound ef the voiGes,or if- his anneunGWnent is thereupen doubted by 20 er more members Fising in theiF PlaGes fer that purpose,the Mederater shall,without debate, determine the vote by wdering a rising vete and may appoint tellers to make and ,n return the not mt t or he may order a null of the meeting-. vote,B,WheneveF a twe thiFds vote is required by statute_, GUGh vote may be dedared as suGh by pr--vided, hewever that if seven or mere members doubt the a GOunted veto shall be taken. [Added 4 8 1998 ATM by p�+# ,-J G,Vote taken in ,smiting or bynell (Amended i1_8 '1974 ATM y Art. 72] TJ. � �lL( T —I J'I1'-1 I-,Y'i 1I'L—l G7 (1) At the request ref 50 er mere members, vote on any motion shall he token• (a) in writing en a list by preGinGt, and fer members-at.-large an a list Gf SUGh e members, upen wh�eaG member shall reGerd his,rote and affix his nat sigi ire;of signature; (b) By a poll of the meeting.- used,(2) if SLAbseGtiE)R G(l)(a) above is meeting, a permanent publiG record of whiGh shall be maintained by the Clerk, A vote taken 8 n the manner speGified in either SubseGtiGn G(l)(a) eF (b) above shall be pested in the Town Office Building for one weekwithin 74 hours of the,lots D.When a metic)n is readily SUSG8ptible of division, it shall be divided and the vete upen each part- taken separately,provided the MedeFater deems best er 25 members present so request-. A. Voting in Town Meeting shall be by; (1) voices of the members, or (2) a counted vote by (_a) an electronic tally and display system used: i. By itself to reflect the vote, or ii. In conjunction with a voice vote, as authorized herein("the electronic system"), or (b) members standing or (c) writ111a, of (d) Poll-call poll. B. Vote taken by voices of the members: (1) Whenever only a majority vote is required,the Moderator shall first announce the vote as it appears to him/her by the sound. If the Moderator is unable to decide by the sound of the voices, or if the announcement is thereupon doubted by 20 or more members rising in their places for that purpose,the Moderator shall,without debate, order a counted vote. (2) Whenever atwo-thirds vote is required by statute, anything in the By-Laws or other authority, �(n such vote may be declared as such by the Moderator as it appears to him/her by the sound and be recorded as such by the Town Clerk upon such declaration, provided, however,that if the announcement is thereupon doubted by seven or more members rising in their places for that purpose, a counted vote shall be taken. C. Electronic s, stem: (1) After a public hearing,the Moderator, in consultation with the Board of Selectmen and the Town Cleric, is authorized to define operating rules governing the use of the electronic system. Beyond addressing the general procedures for operating the electronic system,these rules shall include,but not be limited to, procedures for (a) Challenging a vote, (b) Enhancing the security and integrity of the voting process, (c) Testing of the electronic system every time it is started, and (d) A physical record of the results of each electronic vote being provided to the Town Clerk immediately following each electronic vote. (2) Use of the electronic system and its corresponding operating rules must be authorized by a two- thirds majority vote of Town Meeting_ (a) Such authorization may occur at a session of any Town Meeting, but must occur before the electronic system is used. (b) Such authorization shall remain in effect unless challenged by 40 or more members rising in their places for that purpose or substantive change(s) of the rules are defined by the Moderator following the process of C(1). In either event, authorization for use of the electronic system must a ang i be put to a two-thirds majority vote of Town Meeting. (3) At the Moderator's discretion or at the request of 20 or more members rising in their places for that purpose, the vote on any motion shall be taken by use of the electronics stem. (4) Votes taken using-the electronic system shall be displayed to Town Meeting Members in their places and the public before the Moderator announces the vote. The display shall minimally show: TPJJH Y ATTEST (a) A short form with the final tally of"yes", "no", "abstain", and missing votes when the AM996 *FP& electronic vote is accompanied by a voice vote, or (b) A long-form listing each Town Meeting Member's name, or an abbreviation that is unique TOWN C't.EtZEC among members of that Town Meeting,his/her precinct, his/her"yes", "no","abstain", or GTON,NMI lack of vote and the final tally of the votes by those same categories. At the Moderator's discretion or at the request of 20 or more members rising in their places for that purpose, the long-form listing of subsection C(4)(b) shall be used even if the electronic vote is accompanied by a voice vote. (5) Votes taken using the electronic system in conjunction with a voice vote shall be determined-by- the results reported by the electronic system. D. Standing Vote (1) At the Moderator's discretion or at the request of 40 or more members rising in their places for that purpose, the vote on any motion shall be taken by use of a standing vote (2) The Moderator ma at time during Town Meeting before the first standing vote appoint tellers to make and return the count of any standing vote during that Town Meeting E. Vote taken in writing or by poll.At the Moderator's discretion or at the request of 50 or more members rising in their places for that purpose,the vote on any motion shall be taken: (1) In writing on a list by precinct, and for members-at-large on a list of such members, upon which each member shall record his/her vote and affix his/her signature, or (2)By a roll-call poll of the meeting by the Town Clerk. F. Record of votes: (1) If Subsection E(1)above is used,the signed lists shall constitute the official vote of the meeting, a permanent public record of which shall be maintained by the Town Cleric. (2) A record of the vote taken by the electronic system or in the manner specified in Subsection E(1)or E(2) above shall be made available electronically to the public within 24 hours of the vote. The record shall disclose how each Town Meeting member voted. G. When a motion is readily divisible it shall be divided and the vote upon each part taken separately, provided the Moderator deems the division beneficial or at the request of 25 or more members rising Y ATIM in their places for that purpose TOWN CLERK GToN,MA § 118-18. Quorum. The presence of 100 members at a Town meeting for the transaction of business shall be required to constitute a quorum, except for a motion to adjourn for which no quorum shall be required; provided, however,that no vote carrying the expenditure or appropriation of any sum of money shall be held to be invalid by reason of lack of the required quorum, unless it appears from the records of the Town Clerk of the meeting that before the result of such vote was declared the question of the presence of a quorum was duly raised and that such record shows that the required quorum was lacking. § 118-19. Further rules of procedure. The procedure and conduct of the business meetings of the Town not herein provided for shall be governed by "Roberts' Rules of Parliamentary Practice" so far as they are applicable and are not inconsistent with the bylaws of the Town.