2021-03-22-ATM.min - Laserfiche WebLink

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March 22, 2021 Adjourned Session of the 2021 Annual Town Meeting, cont'd... 8:47 p.m. Presented by Richard Canale, member, Planning Board. ARTICLE 35: AMEND SCENIC ROADS BYLAW (CITIZEN PETITION) MOTION: To Indefinitely Postpone. 8:48 p.m. Mr. Canale stated that the Citizen Sponsor of the Article requested Indefinite Postponement, but intended to bring the Article back to Town Meeting in the future. 8:50 p.m. Suzanne Barry, member, Select Board, reported unanimous support of the Board for Indefinite Postponement. 8:51 p.m. Margaret Coppe, Pct. 9, member, Tourism Committee, spoke in support of Indefinite Postponement and requested to have the Tourism Committee represented on the Scenic Road Committee in the future. 8:52 p.m. The Moderator called for a vote, and explained that she would conduct the vote by seeking objections and that if none were raised, the motion would be considered adopted. If any objections were raised, she stated she would proceed with an electronic vote. 8:52 p.m. With no objections raised, she declared the Motion to Indefinitely Postpone Article 35 Adopted. 8:53 p.m. The Moderator declared the Meeting open under Article 29. 8:53 p.m. Presented by Cindy Arens, Pct. 3, member, Sustainable Lexington Committee. ARTICLE 29: CLEAN HEAT-AUTHORIZE SPECIAL LEGISLATION TO REGULATE FOSSIL FUEL INFRASTRUCTURE AND ADOPT BYLAW AMENDMENT ENABLING LEGISLATION MOTION: That the Select Board be authorized to petition the Massachusetts General Court to enact legislation in substantially the form below, and further that the Select Board be authorized to approve amendments to said legislation before its enactment by the General Court that are within the scope of the general objectives of this motion: AN ACT AUTHORIZING THE TOWN OF LEXINGTON TO ADOPT AND ENFORCE LOCAL REGULATIONS RESTRICTING NEW FOSSIL FUEL INFRASTRUCTURE IN CERTAIN CONSTRUCTION Be it enacted as follows: SECTION 1. Notwithstanding chapter 40A, section 13 of chapter 142, and chapter 164 of the General Laws, the State Building Code, the Fuel and Gas Code, or any other general or special law or regulation to the contrary, the Town of Lexington is hereby authorized to adopt and further amend general or zoning bylaws that restrict new building construction or major renovation projects that do not qualify as fossil fuel-free. SECTION 2. Notwithstanding section 7 of chapter 40A of the General Laws, or any other general or special law or regulation to the contrary, the Building Commissioner of the town of Lexington, or their designee, shall be authorized to enforce restrictions on new building construction and major renovation projects that do not qualify as fossil fuel-free, including through the withholding or conditioning of building permits. SECTION 3. As used in this act, the term "fossil fuel-free" shall mean new building construction or major renovation that results in an entire building or an entire condominium unit that does not utilize coal, oil, natural gas other fuel hydrocarbons (including synthetic equivalents), or other fossil fuels in support of its operation after construction. SECTION 4. This act shall take effect upon its passage. Any bylaw previously approved by the Lexington Town Meeting consistent with Sections 1 through 3 of this Act, including, without limitation Chapter 106 of the Code of the Town of Lexington as enacted by the 2021 Lexington Town Meeting, is hereby ratified. SECTION 5. If any provision or section of this act is invalidated, the remainder shall survive in full force and effect.