HomeMy WebLinkAbout2014-03-31-BOS-packet-releasedHearing Assistance Devices Available on Request
All agenda times and the order of items are approximate and subject to change.
SELECTMEN’S MEETING
Monday, March 31, 2014
Selectmen Meeting Room
6:00 p.m.
AGENDA
6:00 p.m. PUBLIC COMMENTS (10 min.)
6:10 p.m. SELECTMEN CONCERNS AND LIAISON REPORTS (5 min.)
6:15 p.m. TOWN MANAGER REPORT (5 min.)
6:20 p.m. ITEMS FOR INDIVIDUAL CONSIDERATION
1. Farmers Market Review/Schedule for 2014 (10 min.)
2. Approve Request for Landscaper to Work Evenings (5 min.)
3. Approve Increase in Fire Permit Fees (5 min.)
4. Appointments – Communications Advisory Committee/ Human Services
Committee (5 min.)
5. Article Positions/Article Presenters (15 min.)
7:00 p.m. EXECUTIVE SESSION (15 min.)
1. Exemption 4: Patriots Day Security Arrangements
2. Exemption 6: Purchase, exchange, lease or value of real property
7:15 p.m. ADJOURN
The next meeting of the Board of Selectmen is scheduled for Wednesday, April 2, 2014 at 6:00
p.m. in the Selectmen’s Meeting Room, 1625 Massachusetts Avenue.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: STAFF: ITEM NUMBER:
3/31/14 Lynne Pease I.1
SUBJECT:
Review of 2013 and Preview of 2014 Farmers’ Market
EXECUTIVE SUMMARY:
Rosie Wall and Martha Sloane will be at your meeting to provide a summary of the 2013 Market and
what is coming for 2014.
See attached Farmers’ Market 2013 Summary.
FINANCIAL IMPACT:
RECOMMENDATION / SUGGESTED MOTION:
STAFF FOLLOW-UP:
Selectmen’s Office
G:\AGENDAS\033114 FarmersMarket.Doc
Lexington
Farmers’
Market
2013
Summary
2013
was
the
ninth
season
of
the
Lexington
Farmers’
Market.
The
market
operated
on
twenty-‐five
Tuesdays
(two
more
than
previous
year),
beginning
at
the
end
of
May
through
the
end
of
October
at
the
corner
of
Massachusetts
Avenue,
Woburn
Street
and
Fletcher
Avenue.
For
the
fourth
year,
a
Thanksgiving
FEASTival
market
was
held
on
the
Tuesday
before
the
holiday
at
Seasons
Four
in
Lexington.
New
this
year
at
the
market:
• We
welcomed
Rosie
Wall
as
a
new
Market
Manager,
and
as
of
March
15th,
2014,
she
will
be
taking
over
for
Lori
Deliso
• LFM
welcomed
RevoluSun
and
CareWell
as
new
sponsors
• Weekly
children’s
activities
were
available
at
the
Market
Manager’s
tent
Farmers
and
Vendors:
The
LFM
had
thirty-‐six
farmers
and
vendors
throughout
the
season
and
LFM
encourages
local
residents
to
participate
in
the
market
as
farmers/vendors.
Artisans
Tent
In
2013,
the
Artisans
Tent
hosted
thirty-‐seven
artists
including
jewelry
makers,
weavers,
furniture
builders,
potters,
paper
designers,
and
more.
Some
artisans
came
once,
and
others
regularly
throughout
the
season.
Nonprofits
The
LFM
hosted
twenty-‐one
nonprofits
at
the
market
in
the
2013
season.
This
year,
we
welcomed
the
Lexington
Tourism
Committee,
Sustainable
Lexington,
Namayiana
Maasai
Beadwork,
Friends
of
Lexington
Bikeway,
Billy
Dalwin
Preschool/Temple
Emunah,
Climate
Summer
Team,
Homeworks
Energy,
Edem
Foundation/Ecole
du
Village,
New
England
Organ
Bank,
Cary
Library,
Alzheimers
Association
of
MA/NH,
Communities
without
Borders,
Students
Helping
Honduran
Students/LHS,
Cambridge
Health
Alliance,
St.
Nicolas
Greek
Orthodox
Church,
Birthdaywishes.org,
Waldorf
School,
Team
Challenge/Crohns
and
Colitis
Foundation
of
America,
Mass
Audubon
Society/Drumlin
Farm,
Somerville
Coalition
for
the
Homeless,
and
the
Community
Endowment
of
Lexington.
Entertainers:
Twenty-‐seven
individuals
or
groups
performed
free
in
2013,
bringing
a
range
of
great
entertainment
to
the
LFM.
Lexington
residents
and
businesses
included
Lexington
Fife
&
Drum,
Valery
Marcantonio
&
her
Tap
Dancers,
Jeweltones
from
Temple
Isaiah,
Alex
Lehar,
Karen
&
Joyful
Music/Music
Together,
Yamaha
School
of
Music,
Elephant
Trunk/storytime,
Family
Folk
Chorale,
Jane
Sutton/Lexington
author,
Young
Musicians
Alliance,
Waldorf
School
Musicians,
Arl-‐Lex
5
&
Dime,
Sorry
Band,
LHS
Jazz
Combo,
Noah
Harrington,
and
Eric
Eid-‐Reiner.
Other
local
entertainers
included
Banj’r
(Don
Borchelt
&
Ed
Britt)
,
Liberty
Bones,
Aaron
Rivkin,
Vivian
&
Ezra
Montgomery,
Fiddlin
Quinn
&
Big
Folks
Band
(Chris
&
Quinn
Eastburn),
Jennifer
Goldfinger
(local
author),
Shawn
Kinneen,
Paul
Kisinitz
,
Paul
Hatem,
Alan
Kauffman,
and
Marimba
Magic
.
We
thank
all
of
the
entertainers
for
contributing
to
the
vibrant
atmosphere
at
the
LFM.
Special
Events:
The
LFM
hosted
festivals
and
events
throughout
the
season,
including
Tomato
Fest,
Town
of
Lexington
Health
Day,
Bike
to
the
Market
(monthly),
Kid’s
Day
where
local
kids
sold
homemade,
and
homegrown
products
to
sell
at
the
market,
a
cookbook
signing
by
local
authors,
and
Crafts
for
Charity
with
proceeds
from
going
to
the
Lexington
Food
Pantry
and
LFM’s
SNAP
program
(see
below).
LFM
volunteers
also
lead
our
third
local
garden
tour
with
proceeds
going
to
fund
LFM’s
double
incentive
program
for
SNAP.
In
addition,
fundraisers
were
held
to
support
SNAP,
including
Mondays
in
March
at
Via
Lago.
Educational
Offerings
The
educational
opportunities
at
the
2013
market
drew
many
participants.
Educational
events
included
Backyard
Birds,
Birds
of
Prey
from
Mass
Audubon’s
Drumlin
Farm,
Cary
Library’s
Dig
Into
Reading,
Healthy
Community
Fair
Days
offered
by
the
health
division
of
the
Lexington
Office
of
Community
Development,
a
fermentation
demonstration
as
well
as
the
LFM’s
Kids
Cooking
Green
Program.
Kids
Cooking
Green
Kids
Cooking
Green
is
the
educational
program
of
LFM.
KCG
teaches
elementary-‐age
children
in
Lexington
and
other
area
communities
about
nutrition,
hands-‐on
cooking
and
environmental
awareness.
KCG
also
led
several
educational
events
free
of
charge
at
the
2013
market
geared
toward
children
and
families.
A
new
initiative
is
the
Fund
for
City
Schools,
whose
mission
is
to
bring
Kids
Cooking
Green
programming
to
children
in
communities
which
cannot
afford
it.
These
programs
are
presented
at
a
reduced
rate
or
free
of
charge.
SNAP:
Supplementary
Nutritional
Assistance
Program
• For
the
fourth
year,
the
LFM
offered
a
double-‐incentive
program
enabling
SNAP
shoppers
to
double
the
amount
of
their
purchase
(up
to
$20
in
2013)
at
the
market,
supported
by
donors
and
fundraising
efforts
throughout
the
season.
• The
amount
of
SNAP
dollars
issued
was
$5,301,
up
$1,200
from
2012,
and
$2,200
from
2011.
• LFM
matched
$2,459
of
the
above
amount,
an
increase
from
$1,606
from
the
previous
year.
• Demand
continues
to
grow
for
SNAP
at
the
market,
and
the
LFM
continues
to
seek
new
ways
to
fundraise
to
ensure
that
the
available
matching
funds
meet
demand.
Customers:
In
2013,
the
average
daily
attendance
was
approximately
720
customers.
Media
Outreach:
• The
LFM
website
had
over
12,711
visits,
up
from
10,624
in
2012.
• The
weekly
newsletter
was
sent
to
1,088,
up
from
1,060
last
year.
The
newsletter
includes
a
schedule
of
farmers,
vendors,
artisans
and
entertainers
who
are
attending
the
market,
as
well
as
any
special
events.
• Facebook
has
642
“likes”,
up
from
499
in
2013.
Facebook
posts
include
the
weekly
market
schedule,
recipes,
and
articles
of
interest
as
well
as
photographs
from
the
market.
• The
LFM
blogs
occasionally
and
can
be
found
on
Lexington
Patch.
• Articles
were
printed
periodically
in
the
Lexington
Minuteman,
Colonial
Times
and
on
Lexington
Patch.
Community
Partnerships:
The
LFM
is
deeply
appreciative
of
the
local
businesses
and
organizations
that
helped
the
market
in
a
number
of
ways
in
2013.
These
businesses
include
Seasons
Four,
Via
Lago,
Lexington
Graphics,
Friends
of
Cary
Memorial
Library,
the
Town
of
Lexington
Family
and
Human
Services
Departments,
Friends
of
Lexington
Bikeways
and
the
Town
of
Lexington
Board
of
Health
and
the
Town
of
Lexington
Dept.
of
Public
Works.
Corporate
Sponsors:
LFM
had
nine
corporate
sponsors
in
2013,
many
of
them
longtime
supporters
of
the
market.
Sponsors
were
Joyce
Murphy
of
William
Raveis
Realty,
Eastern
Bank,
aloft/Element
hotels,
Encharter
Insurance,
Boston
Private
Bank
and
Trust
Company,
Lexington
Pediatrics,
Seasons
Four,
CareWell
Urgent
Care
and
RevoluSun.
Volunteers:
Forty-‐eight
volunteers
helped
run
the
2013
market,
including
setting
up
and
tearing
down
the
market,
media
outreach,
financial
work,
vetting
of
farmers
and
vendors,
working
with
the
BOH,
writing
a
weekly
newsletter,
running
the
website,
and
running
LFM
special
events.
The
volunteers
come
from
throughout
the
community,
and
include
an
active
group
of
students
from
Lexington
High
School.
This
year
we
said
goodbye
to
Deb
Jackson,
former
Market
Manager
and
long-‐time
LFM
volunteer
who
moved
to
Virginia.
Thanksgiving
FEASTival:
This
was
LFM’s
fourth
annual
holiday
market,
once
again
generously
hosted
by
Seasons
Four.
Some
highlights
include:
• The
FEASTival
was
held
from
12-‐4
pm
and
was
well
attended.
• Fourteen
farmers
and
vendors
participated,
all
returning
farmers
and
vendors
from
the
regular
LFM
season.
• Farmers
and
vendors
enthusiastically
support
holding
another
Thanksgiving
FEASTival
in
2014.
Looking
Forward:
• 2014
will
be
our
10th
year!
• The
LFM
is
opening
on
Tuesday,
May
27
and
will
be
open
until
October
28.
We
anticipate
holding
the
Fifth
Annual
Thanksgiving
FEASTival
in
November.
• Lori
Deliso
will
be
leaving
the
Farmers’
Market
as
Market
Manager,
with
Rosie
Wall
taking
over
in
that
capacity.
• We
have
already
held
several
fundraisers
for
the
2014
market
incorporating
local
farmers
and
vendors,
including
a
Bento
Box
Workshop
with
Deb
Samuels
on
February
13
and
“Taste
of
the
Farmers’
Market”
on
February
27.
• Via
Lago
is
once
again
hosting
Mondays
In
March,
with
20%
of
revenues
every
Monday
evening
going
to
the
support
SNAP
at
the
LFM.
• As
always,
we
are
looking
forward
to
including
some
new
and
exciting
vendors,
and
will
be
holding
more
seasonal
activities
for
both
kids
and
adults.
Appreciation
The
Town
of
Lexington
has
continued
to
give
the
LFM
overwhelming
support,
for
which
we
are
extremely
grateful.
We
thank
Gerry
Cody
and
the
Board
of
Health,
the
Fire
Department
for
providing
the
fan,
the
Police
Department
for
working
to
develop
our
new
weather
and
public
safety
policies,
and
the
town
for
the
garage
storage
space.
Linda
Vine
and
Carl
Valente
were
of
great
assistance
during
the
demolition
of
the
White
House,
and
we
thank
the
Board
of
Selectman
and
Dept.
of
Public
Works
for
their
help
throughout
the
season.
Finally,
we
thank
our
loyal
and
wonderful
customers
who
show
up
rain
or
shine
to
support
the
farmers
and
fill
their
kitchens
with
healthy
local
food.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: 3/31/14 STAFF: Deb Mauger ITEM NUMBER: I.2
SUBJECT:
Approve Request for Landscaper to Work Evenings
EXECUTIVE SUMMARY:
ValleyCrest Landscape Maintenance is requesting permission to work between 5:00 p.m. and
12:00 a.m., starting in April at the following business locations:
420 Bedford Street
17, 32 and 91 Hartwell Avenue
See attached email explaining why they need to work in the evenings. Also attached is the Noise
By-law.
FINANCIAL IMPACT:
RECOMMENDATION / SUGGESTED MOTION:
Motion to approve the request of ValleyCrest Landscape Maintenance to work between 5:00
p.m. and 12:00 midnight at 420 Bedford Street, and 17, 32 and 91 Hartwell Avenue for spring
cleanup.
STAFF FOLLOW-UP:
Selectmen’s Office
Lynne Pease
From:Jason Leck [JLeck@valleycrest.com]
Sent:Tuesday, March 25, 2014 12:59 PM
To:selectmen's
Subject:Request for evening work permitt
Follow Up Flag:Follow up
Flag Status:Red
Attachments:420 430 Bedford St -Spring Clean up.jpg; 17 Hartwell Ave - Spring Clean up.jpg; 91 Hartwell
Ave - Spring Clean Up 01.jpg; 1601 Trapelo Rd - Spring Clean up 01.jpg; 32 Hartwell Ave -
Spring Clean Up 01.jpg
Page 1 of 2
3/27/2014
To The Board of Selectmen,
My name is Jason Leck and I am the acting Account Manager for ValleyCrest Landscape Maintence in Belmont.
We currently serve several Commercial Properties in the Hartwell Ave and Bedford Street corridor in the Town
Of Lexington.
We provide a spring service for our clients which requires all sand and debris accumulated over the course of
the winter
To be cleaned and removed from the property during the month of April.
Based on the type of winter we encountered there is a considerable increase in clean up that each property
requires.
To better serve our Client’s needs and with the heavy traffic in and out of these properties it would make our
clean up
More efficient and thorough to complete this job in the evening or Saturdays.
With the amount of parked cars in these lots it makes the job nearly impossible to do during regular business
hours.
The times for which we would request to work would be between the hours of 5 pm and 12 am and would
entail
Using blowers and hand help power brooms to create piles of sand in order to remove it from the site.
A conventional street sweeper would then be used to remove any residual amount of sand ensuring a complete
removal of debris.
The properties listed below we would like to request permission to proceed with the evening work.
At this time the work has not been scheduled and is slated to start in April.
Each property will require one to two evenings to complete a full clean up and I have attached a map of each
property outlining the scope of work.
420 Bedford Street, Lexington MA
17, 32, 91 Hartwell Ave, Lexington MA
1601 Trapelo Road, Lexington MA
If there is any other information I can provide for you please let me know.
Thank you for your time and consideration and I look forward to hearing from you.
Jason Leck
Account Manager
ValleyCrest Landscape Maintenance
1010 Pleasant Street
Belmont, Massachusetts 02478
Tel: 617.484.3360 (ext. 108)
Fax: 617.484.2326
Cell: 617.799.7129
E-mail: JLeck@valleycrest.com
www.valleycrest.com
Page 2 of 2
3/27/2014
Town of Lexington, MA
Thursday, March 27, 2014
Chapter 80. NOISE CONTROL
[HISTORY: Adopted by the Annual Town Meeting of the Town of Lexington 4-11-
2001 by Art. 33. Amendments noted where applicable.]
GENERAL REFERENCES
Alarms — See Ch. 5.
Animals — See Ch. 9.
§ 80-1. Findings.
The Town of Lexington finds that excessive or unwarranted noise jeopardizes the health,
safety, and welfare and degrades the quality of life of its citizens.
§ 80-2. Purpose and applicability.
A. The purpose of this by-law is to protect the citizens of Lexington from excessive or
unwarranted noise. No person owning, leasing, or controlling a source of sound shall
willfully, negligently, or through failure to provide necessary equipment, service, or
maintenance or to take necessary precautions cause, suffer, allow, or permit excessive or
unwarranted noise.
B. This by-law shall apply to the control of all sound originating within the limits of the Town
of Lexington and shall be consistent in scope and application with the relevant state and
federal statutes and regulations.
C. Noise-related provisions of Chapter 9, Animals, may be enforced under this by-law.
D. All Town departments and agencies shall, to the fullest extent consistent with federal and
state laws and regulations, carry out their programs in such a manner as to comply with
this by-law.
E. Provisions in this by-law shall not apply to any activity to the extent regulation thereof has
been preempted by state or federal law.
§ 80-3. Definitions.
When used in this by-law, the following definitions shall apply:
BROADBAND NOISE
Any sound that contains a broad range of tonal sounds.
CONSTRUCTION
Any site or building preparation, assembly, erection, substantial repair, alteration,
destruction or similar action for public or private rights-of-way, structures, utilities, or
similar property.
EMERGENCY
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Any occurrence or set of circumstances involving actual or imminent physical trauma or
property damage.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating the physical trauma or
property damage threatened or caused by an emergency.
EXCESSIVE OR UNWARRANTED NOISE
Any noise that disturbs a reasonably prudent person or results in noise pollution or noise
injury.
MOTOR VEHICLE
Any vehicle which is propelled or drawn on land by a motor, such as, but not limited to,
passenger cars, trucks, truck-trailers, semitrailers, campers, tractors, go-carts, snowmobiles,
all-terrain vehicles, motorized scooters, racing vehicles, or motorcycles.
NOISE INJURY
The condition resulting from any sound that:
A. Could cause, or allow to cause injury to the health of humans;
B. Endangers or injures personal or real property; or
C. Exceeds the applicable maximum permissible noise levels, Air Force Standard
AFOSHSTD 48-19, "Hazardous Noise Program," dated 31 March 1994.
NOISE LEVEL
Measured property of sound, which for the purpose of this by-law, will be expressed in A-
weighted decibels (dBA), obtained with a Type I or II sound level meter as specified under
American National Standards Institute (ANSI) standards.
NOISE POLLUTION
The condition resulting when: a broadband sound source raises the noise level by 10 or
more dBA above the ambient noise; or a tonal sound source raises its octave band noise
level by three decibels or more above the adjacent octave band levels. These threshold
levels are identical to those in the Massachusetts Division of Air Quality Control (DAQC)
Policy 90-001 (2001).
TONAL SOUND
Any sound that has the characteristics of a pure tone, whine, hum or buzz.
§ 80-4. Prohibition of excessive or unwarranted noise.
Generation of excessive or unwarranted noise is prohibited, except as provided by §§ 80-5
and 80-8 of this by-law. In addition, the following restrictions shall apply:
A. Construction/private service/maintenance power equipment. Motorized devices and
equipment engaged in construction shall be prohibited from use between the hours of
8:00 p.m. and 7:00 a.m., or as otherwise restricted by a Town of Lexington permit.
B. Commercial trash collection. The operation of commercial trash compactors or collection
of trash, rubbish, refuse or debris, which generates excessive or unwarranted noise at any
point of public or common pass-by between the hours of 11:00 p.m. and 6:00 a.m. is
prohibited.
C. Commercial deliveries or pickups. Deliveries or pickups for commercial or business
purposes between 11:00 p.m. and 6:00 a.m. are prohibited unless the noise level of such
deliveries or pickups in nearby residential areas does not cause excessive or unwarranted
noise.
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D. Electronic devices and musical instruments. No person owning, leasing or controlling the
operation of any electronic device or musical instrument shall willfully or negligently cause
or permit excessive or unwarranted noise.
E. Fixed plant equipment. Excessive or unwarranted noise caused by fixed plant equipment
such as, but not limited to, air conditioners, pumps, fans, furnaces, compressors, engines,
ventilation equipment and similar fixed plant equipment is prohibited.
F. Motor vehicle alarms. No person owning, leasing, renting or otherwise in control of a motor
vehicle will permit the sounding of any horn, alarm or other signaling device for any period
of time exceeding 10 minutes. Automatic alarm systems must be programmed to reset
within 10 minutes and may not activate again within the next 60 minutes. A police officer
observing any horn, alarm or other signaling device that fails to comply with this section
will direct an owner, operator, renter or person in control of the vehicle to silence the
motor vehicle alarm. If, after making a reasonable attempt to contact the vehicle owner,
operator, renter or person in control of the vehicle (or if that person refuses to comply),
the officer may enter the vehicle to shut off or otherwise disconnect the power source. If
unsuccessful, an authorized towing agency may be used to remove the motor vehicle to an
approved storage area. The registered owner of the motor vehicle will be responsible for
all reasonable costs, charges and expenses incurred for the silencing of the alarm, removal
and/or storage of the motor vehicle.
G. Stationary engine run-up. Permitting, allowing or causing generation of excessive or
unwarranted noise at any point of public or common pass-by through the unnecessary
operation of the engine of a motor vehicle while said vehicle is stopped for a foreseeable
period of time in excess of five minutes is prohibited.
H. Domestic mechanical equipment. The outdoor use of domestic mechanical equipment
such as lawn mowers and power saws between the hours of 9:00 p.m. and 7:00 a.m. is
prohibited.
§ 80-5. Exemptions.
A. The provisions of this by-law shall not apply to sounds emitted during or associated with:
(1) Police, fire, and civil and national defense activities, or in training exercises related to
emergency activities;
(2) Parades, public gatherings, or sporting events, for which permits have been issued or
which are supervised by the School Department or the Parks and Recreation
Department;
(3) Noncommercial public speaking and public assembly activities as guaranteed by state
and federal constitutions;
(4) Operation of a farm or any ancillary or related activity that is an ordinary aspect of
farming;
(5) Emergency work including, but not limited to, the operation of any mechanical device,
apparatus, vehicle, or equipment used in connection with an emergency;
(6) Snow removal activity; and
(7) Any activity to the extent the regulation thereof has been preempted by state or
federal laws or regulations.
B. These exemptions shall not apply if the noise is determined to exist as the result of
negligent conduct or actions inconsistent with generally accepted practices.
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§ 80-6. Measurement of excessive or unwarranted noise.
A. A determination that excessive or unwarranted noise is caused by a given noise source will
be made in accordance with the definition of "noise level" in § 80-3.
B. To determine if there is a noise violation on private property, the noise measurements shall
be made at the boundary of the property in which the offending sound source is located.
To determine if there is a noise violation in public spaces, the noise measurements shall be
made at any location a passerby might lawfully occupy.
§ 80-7. Enforcement and penalties.
A. The Police, Fire, Health or Inspectional Services Departments, or any designee thereof, shall
have power to enforce this by-law.
B. Any person who violates any provision of this by-law, if convicted, shall be guilty of a
misdemeanor and shall be fined an amount not to exceed $50 per first violation.
Additionally, any person violating this by-law is also subject to the penalties under Chapter
1, § 1-6 of the General By-Laws. The imposition of a penalty for any violation shall not
excuse the violation or permit it to continue. Each day that such violation continues shall
be considered a separate offense.
§ 80-8. Special permits.
[Amended 3-31-2004 ATM by Art. 39]
A. The Board of Selectmen, or its designees, may issue a special permit for any activity
otherwise forbidden by the provisions of this by-law. A person seeking such a permit shall
make a written application to the Board of Selectmen, or designee, on the appropriate
form, which shall be available at the office of the Selectmen or its designee. The following
criteria shall be considered when deciding whether to issue a special permit:
(1) Whether the cost of compliance will cause an applicant excessive financial hardship;
and
(2) Whether the proposed additional noise will have an excessive impact on neighboring
citizens.
B. The Board of Selectmen, or its designees, may issue additional guidelines defining the
criteria to be considered and the procedures to be followed in applying for a special
permit.
C. An initial special permit shall remain valid for up to one year from the date it was issued.
Renewal of a special permit shall require:
(1) A public hearing for review of whether the cost of compliance will cause an applicant
excessive financial hardship; and
(2) Evaluation of noise data at the boundary of the property in which the offending sound
source is located. Renewal of a special permit shall be up to three years. Any special
permit issued to the applicant shall contain all necessary conditions to ensure
minimum disturbance to the adjoining residences.
D. Legal notice of the time and place of said hearing shall be given by the Board of Selectmen,
at the expense of the applicant, by publication in a newspaper of general circulation in
Lexington once in each of two successive weeks, the first publication to be not less than 14
days before the day of the hearing and by posting such notice in a conspicuous place in
the Lexington Town Hall for a period of not less than 14 days before the day of such
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hearing, and by delivering or mailing a notice thereof to the applicant, the Board of Health,
the Police, Fire and Inspectional Services Departments and the abutters within 300 feet of
the lot line.
§ 80-9. Severability.
If any section, paragraph or part of this by-law is for any reason declared invalid or
unconstitutional by any court, every other section, paragraph and part shall continue in full
force.
§ 80-10. Relationship to other laws.
Nothing in this by-law shall be construed to restrict, amend, repeal, or otherwise limit the
application or enforcement of existing Town of Lexington by-laws or Commonwealth of
Massachusetts laws.
§ 80-11. Rules and regulations.
The Board of Selectmen, or its designees, may promulgate, after public notice and hearing,
rules and regulations to effectuate the purposes and intent of this by-law. However, failure by
the Board of Selectmen to promulgate such rules and regulations shall not act to suspend or
invalidate the effect of this by-law.
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: PRESENTER: ITEM NUMBER:
March 31, 2014 Carl F. Valente I.3
SUBJECT: Approve Increase in Fire Permit Fees
EXECUTIVE SUMMARY:
Chief Wilson is recommending an increase in four Fire Department fees. These increases are
consistent with the Town Manager’s FY15 Budget Recommendation. The Fire Department
budget provides for an increase in hours for the Fire Prevention Clerk (5 hours), at a cost of
approximately $5600. The Town Manager’s recommendation for these additional hours was
contingent on adjusting Fire Department fees to offset this additional cost.
FINANCIAL IMPACT:
Total increase of fees of approximately $4000.
RECOMMENDATION / SUGGESTED MOTION:
Move to establish the following fire prevention fees, effective July 1, 2014:
Aboveground storage tank installation/removal: $50
Oil burner inspection: $50
Propane storage installation: $50
Underground storage tank installation/removal: $200
STAFF FOLLOW-UP:
TMO and Fire
Prepared by cfv
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: 3/31/14 STAFF: Lynne Pease ITEM NUMBER: I.4
SUBJECT:
Appointments – Communications Advisory Committee and Human Services Committee
EXECUTIVE SUMMARY:
The Communications Advisory Committee recommends that Steve Iverson be appointed.
The Human Services Committee recommends that Gail Rogers be appointed.
FINANCIAL IMPACT:
RECOMMENDATION / SUGGESTED MOTION:
Motion to appoint Steve Iverson to the Communications Advisory Committee to fill the
unexpired term of Jim Goell until September 30, 2014.
Motion to appoint Gail Rogers to the Human Services Committee for a term to expire September
30, 2016.
STAFF FOLLOW-UP:
Selectmen’s Office
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
DATE: 3/31/14 STAFF: Lynne Pease ITEM NUMBER: I.5
SUBJECT:
Article Positions
EXECUTIVE SUMMARY:
Continue to take positions on the Annual Town Meeting warrant articles. Attached is an updated
list that includes the positions you took on Wednesday, March 26.
FINANCIAL IMPACT:
RECOMMENDATION / SUGGESTED MOTION:
STAFF FOLLOW-UP:
Selectmen’s Office
ARTICLE POSITIONS 2014 ANNUAL TOWN MEETING ARTICLE SPECIAL TOWN MEETING PRESENTATION DM PK NC JP MC AC CEC SC Article 2 Cary Memorial Building Upgrades Yes Yes Yes Yes Yes Article 3 Amend Article 5 of Nov. 2013 STM, Renovation to Community Center Yes Yes Yes Yes Yes ARTICLE FINANCIAL ARTICLES PRESENTATION DM PK NC JP MC AC CEC SC Article 2 Electronic Voting Yes Yes Yes Yes Yes Article 4 Appropriate FY2015 Operating Budget Yes Yes Yes Yes Yes Article 5 Appropriate FY2015 Enterprise Funds Budgets Yes Yes Yes Yes Yes Article 6 Appropriate for Senior Service Program Yes Yes Yes Yes Yes Article 7 Establish and Continue Departmental Revolving Funds Yes Yes Yes Yes Yes Article 8 Appropriate the FY2015 Community Preservation Committee Operating Budget and CPA Projects: a) 39 Marrett Road – Community Center Renovation D&E and Sidewalk b) Visitor Center – Design Phase c) Hastings Park Gazebo Renovations d) Historical Commission Inventory Forms for Listed Buildings e) Battle Green Streetscape Improvements f) Vynebrooke Village Renovations g) LexHAB Set-Aside Funds for Development of Community Housing at the Busa Property h) Lincoln Park Field Improvements i) Park and Playground Improvements j) Park Improvements – Athletic Fields k) Park Improvements – Hard Court Resurfacing IP No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
ARTICLE FINANCIAL ARTICLES (continued) PRESENTATION DM PK NC JP MC AC CEC SC l) Parker Meadow Accessible Trail D&E m) CPA Debt Service n) Administrative Budget Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Article 9 Appropriate for Recreation Capital Projects Yes Yes Yes Yes Yes Article 10 Appropriate for Municipal Capital Projects and Equipment a) Center Streetscape Improvements and Easements b) DPW Equipment c) Street Improvements and Easements d) Storm Drainage Improvements and NPDES Compliance e) Hydrant Replacement Program f) Comprehensive Watershed Storm Water Management Study and Implementation Measures g) Mass Avenue Intersections’ Improvements and Easements h) Sidewalk Improvements and Easements i) Dam Repair j) Town Wide Culvert Replacement k) Town Wide Signalization Improvements l) Traffic Island Renovation m) Ambulance Replacement n) Heart Monitors o) Replace Town Wide Phone Systems- Phase III p) Network Redundancy and Improvement Plan – Phase II Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Article 11 Appropriate for Water System Improvements Yes Yes Yes Yes Yes
ARTICLE FINANCIAL ARTICLES (continued) PRESENTATION DM PK NC JP MC AC CEC SC Article 12 Appropriate for Wastewater System Improvements Yes Yes Yes Yes Yes Article 13 Appropriate for School Capital Projects and Equipment Yes Yes Yes Yes Yes Article 14 Appropriate for Public Facilities Capital Projects: a) School Building Envelope and Systems b) LHS Heating Systems Upgrade – Phases 2 and 3 c) Municipal Building Envelope and Systems d) Repairs / Replacements/Upgrades: School Building Flooring Program School Window Treatments Extraordinary Repair Interior Painting Program Middle School Nurses Stations Renovation and Update of Diamond Kitchen and Cafeteria Clarke School Gymnasium Dividing Curtain e) School Paving Program f) East Lexington Fire Station Physical Fitness Room g) Public Facilities Bid Documents h) Middle School Science, Performing Arts and General Education Spaces i) Clarke School Elevator Upgrade j) Clarke School Auditorium Audio Visual System k) Fire Station Headquarters Design IP Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
ARTICLE FINANCIAL ARTICLES (concluded) PRESENTATION DM PK NC JP MC AC CEC SC Article 15 Appropriate to Post Employment Insurance Liability Fund Yes Yes Yes Yes Yes Article 16 Rescind Prior Borrowing Authorizations Yes Yes Yes Yes Yes Article 17 Establish and Appropriate to and From Specified Stabilization Funds Yes Yes Yes Yes Yes Article 18 Appropriate to Stabilization Fund IP Article 19 Appropriate from Debt Service Stabilization Fund Yes Yes Yes Yes Yes Article 20 Appropriate for Prior Years’ Unpaid Bills Article 21 Amend FY2014 Operating and Enterprise Budgets Article 22 Appropriate for Authorized Capital Improvements Yes Yes Yes Yes Yes ARTICLE GENERAL ARTICLES PRESENTATION DM PK NC JP MC AC CEC SC Article 23 Amendments to the District Agreement of the Minuteman Regional Vocational School District Yes Yes Yes Yes Yes Article 24 Public Transportation in Lexington (Citizen Article) Yes Yes Yes Yes Yes Article 25 Establish Qualifications for Tax Deferrals IP Article 26 Amend General Bylaws – Wetland Protection Yes Yes Yes Yes Yes ARTICLE ZONING/LAND USE ARTICLES PRESENTATION DM PK NC JP MC AC CEC SC Article 27 Amend Zoning By-Law – Allow For-Profit Educational Uses in the Neighborhood Business and Residential Districts (Citizen Article) Yes Yes Yes Yes No Article 28 Amend Zoning By-Law - Allow For-Profit Educational Uses in the Neighborhood Business District and Remove Size Limitation (Citizen Article) Yes Yes Yes Yes Wait Article 29 Amend Zoning By-Law – Allow For-Profit Educational Uses in the Neighborhood Business District (Citizen Article) IP
ARTICLE ZONING/LAND USE ARTICLES (continued) PRESENTATION DM PK NC JP MC AC CEC SC Article 30 Amend Zoning By-Law – Medical Marijuana Treatment Centers 3/17 Tom Fenn Amend. Yes Yes No Yes Yes Yes Yes WaitYes Yes Article 31 Amend Zoning By-Law – Site Plan Review for Projects over 10,000 SF 3/17 Yes Yes Yes Yes Yes Article 32 Amend Zoning By-Law – Technical Corrections 3/17 Yes Yes Yes Yes Yes