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April 11, 2018 Adjourned Session of the 2018 Annual Town Meeting, cont... TURNING MILL NEIGHBORHOOD CONSER VA TION DISTRICT Chapter 78A. Turning Mill Neighborhood Conservation District § 78A-1. PURPOSES Pursuant to Chapter 78 of the Code of the Town of Lexington, this Chapter establishes the Turning Mill Neighborhood Conservation District(Turning Mill NCD)for the following purposes: A. to recognize the unique and distinctive character of the Turning Mill neighborhood including the architectural design consistency and modest scale of its Mid-Century Modern Buildings and their materials, and the careful siting of Buildings in a woodland landscape that retains the natural topography, augmented with native trees, shrubs andplantings that help sustain wildlife andprovide a feeling ofprivacy and seclusion; B. to conserve and preserve Turning Mill's existing Buildings and encourage Construction and Alteration that complements and is compatible with those Buildings and Structures, and their Setting and character; C. to provide residents and property owners with the opportunity to participate in planning the future and dynamic improvement of the Turning Mill neighborhood, D. to promote wider public knowledge and appreciation for the Turning Mill neighborhood by serving as an information resource on the history of the neighborhood and on compatible materials, methods, and options for caring for and maintaining Mid-Century Modern houses and landscapes; and E. to enhance the public welfare by offering current and future residents of Lexington the opportunity to live and work in a significant and historic Mid-Century Modern neighborhood. 78A-2. Boundaries The Turning Mill NCD shall comprise the area shown on the boundary map of the NCD as recorded with the Middlesex South Registry of Deeds pursuant to Chapter 784A. § 78A-3. Definitions The following terms shall mean as follows when used in this Chapter. All capitalized terms not defined in this Chapter are used as defined in Chapter 78 of the Code of the Town of Lexington. Commission The Turning Mill NCD Commission established pursuant to Chapter 78A-4. Privacy Screening Naturalplantings to enhance privacy by, among other things,planting a mix ofperimeter trees with understory shrubs like mountain laurel, rhododendrons and azaleas, contributing to privacy and enhancing the characteristic woodland aesthetic. The existence of trees and understory bush and shrubs that serve to partially "hide"the sight of neighboring property elements thus creating the illusion of being surrounded by open space. Where sloping land is involved, upslope properties may be able to provide the most effective privacy screening. Protected Tree Shall mean any tree considered a Protected Tree under the Town's Tree Bylaw, Chapter 120 of the Code of the Town of Lexington. In addition, Protected Trees shall also include any tree located outside of a setback area that otherwise meets the definition of a Protected Tree under Chapter 120. Setback Area The minimum setback area around a lot shall be measured in accordance with the larger dimension of 30 feet from the front and I S feet from the two sides and from the rear of the lot, and the minimum front yard, side yard and rear yard dimensional requirements under the Zoning Bylaw of the Town of Lexington. For the purposes of establishing the setback area in which the provisions of this Chapter shall apply, the measurement shall be from anypoint on anyproperty line of the lot, to points along an imaginary line drawn representing the setback area as specified. § 78A-4. TURNING MILL NCD COMMISSION The Commission shall be appointed pursuant to the terms of the Chapter 78-4, and the following additional requirements: A. Members of the Commission appointed by the Town Manager shall be selected from a pool of candidates nominated by Property Owners in the NCD. B. Notwithstanding the provisions of Chapter 78A-4.B, no neighbor representative member of the Commission may serve more than two consecutive terms. A member of the Commission may serve additional terms provided at least a year has elapsed since that member last served on the Commission. 78A-5. REVIEW OF CONSTRUCTIONAND ALTERATIONS A. Commission review shall be required for the following unless otherwise exempted from review pursuant to this Chapter or Chapter 78: 1. Demolition of an existing Building, or of a Structure over 200 square feet of floor area or over 10 feet in height, 2. Construction of a Building or Alteration of an existing Building, or of a Structure over 200 square feet of floor area or over 10 feet in height if the Building or Alteration would be visible from a public way;