2009-03-23 to 2009-05-06 ATM-min

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April 27, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont... (5) Transportation Mitigation Fee. (a) The payment of a transportation mitigation fee is required when an applicant elects to proceed under this section. The imposition of a transportation mitigation fee shall not prevent the Town from imposing fees it may otherwise impose under local bylaws. (b) Timing of Payment. Payment of the transportation mitigation fee shall be in cash, under terms and conditions specified in the TMO District plan. (c) Payment Use. Any transportation mitigation fees paid to the Town are intended to be used to fund transportation infrastructure improvements that are necessitated by the proposed development of the applicant. Examples of appropriate uses include the costs related to the provision of equipment, infrastructure, facilities, services, or Required payment of studies associated with the following: traffic mitigation; public mitigation fee transportation; bicycle and pedestrian accommodations or other transportation- related improvements. Except where deficiencies are exacerbated by the new development, in which case the fee may be assessed only in proportion to the deficiency so exacerbated, the fee shall not be expended for personnel costs, normal operation and maintenance costs, or to remedy deficiencies in existing facilities. The expenditure of the fees without Town Meeting appropriation is prohibited. (d) Rough Proportionality and Reasonable Benefit to Fee Payer. The transportation mitigation fee shall be determined by the TMO District plan described in § 135- 43C(4). The fee shall be roughly proportionate to the impacts created by the development. The purposes for which the fee is expended shall reasonably benefit the proposed development. (6) Parking and Traffic Demand Management. (a) Submission of a Parking and Transportation Demand Management Parking and (PTDM) plan which is consistent with the TMO District plan Transportation Demand described in § 135- 43C(4) above is required when an applicant Management plan elects to proceed under this section, § 135-43C. Compliance with required the submitted PTDM plan shall be a condition of any permit approvals. (b) Enforcement. Compliance with the PTDM plan submitted with an approved permit application may be enforced through § 135 -9. (7) Special Permits. Where a development electing to proceed under this section also requires a special permit or special permit with site plan Special permit approval must be conditioned to review, the SPGA shall not grant the special permit unless it imposes include the fee and conditions, including transportation mitigation fees and parking and PTDM measures traffic demand management requirements, to meet the goals of the TMO District plan. 18. Add a new entry to the list of zoning districts in § 135 -2B(1) with the symbol, "TMO" and the title "Transportation Management Overlay." 19. Amend the Zoning Map of the Town of Lexington by creating a new ARTICLE 46 Traffic Management Overlay District (TMO -1) as shown on the map Sets out the boundaries entitled "'Traffic Management Overlay District" dated April 22, 2009, of the TMO District and encompassing the parcels listed in the document entitled "Parcels in the TMO -1 District ", dated April 22, 2009. AMENDMENT: The following resolution be adopted, in addition to any other action under the article: RESOLVED that Town Meeting requests that, as soon as possible after the adoption by the Planning Board of the TMO -1 District Plan, the Board of Selectmen include an article in a Town Meeting warrant to see if the Town will adopt a resolution expressing its recommendations on the TMO -1 District Plan to the Planning Board. --------------- - - - -- 8:06 p.m. Charles Hornig moved the Report of the Planning Board on Articles 44, 45, and 46 be accepted and placed on file. Unanimously Adopted. Mr. Hornig reported the Planning Board in favor of the consolidated motion (4 -1). 8:33 p.m. George Burnell reported Board of Selectmen is in favor of the motion.