HomeMy WebLinkAbout2020-10-14-STM#2&3-min October 14,2020 Special Town Meetings 02 and 03(2020-2 and 2020-3)
The 2020 Special Town Meetings#2 and#3 were held remotely due to the COVID-19 pandemic.In
order to hold the meeting remotely,a fully participatory virtual Town meeting platform was
developed by Select Board member Joseph Pato with assistance from Board Chair Douglas Lucerne.
Electronic voting was conducted via the platform and results were reported as usual on the Town
website.
Special Town Meeting 02,2020-2
Town Moderator Deborah Brown called the 2020 Special Town Meeting#2 to order at 7:45 p.m.,
Wednesday,October 14,2020.A quorum in excess of 100 members was present.
Town Clerk,Nathalie L.Rice,read the Warrant for Special Town Meeting#2 until waived.The
Town Clerk read the Constable's Return of Service.
The Moderator declared Special Town Meeting#2 in recess.
Special Town Meeting 03,2020-3
Town Moderator Deborah Brown called the 2020 Special Town Meeting#3 to order at 7:49 p.m.
Town Clerk,Nathalie L.Rice,read the Warrant for Special Town Meeting#3 until waived.The
Town Clerk read the Constable's Return of Service.A quorum in excess of 100 members was
present.
The Moderator made announcements,welcomed new Town Meeting Members,discussed
parliamentary procedures and called for the testing of the electronic voting units. 174 members were
recorded as present.The Moderator explained that when a motion was offered for matters such as
Report acceptances,she would seek objections via the remote platform and if seeing no objections,
would declare the Motion Adopted.Members accepted this convention.
7:51 p.m. The Moderator declared Special Town Meeting#3 open under Article 1.
8:05 p.m. The Moderator called for a vote to approve the use of remote technology for both
Special Town Meeting#2 and#3 and for the use of the remote electronic voting system.With no
objections from members,the Motion was declared Adopted.
ARTICLE 1:REPORTS OF TOWN BOARDS,OFFICERS AND COMMITTEES
8:06 p.m. Glenn Parker,Chair,Appropriation Committee and David Kanter,member,Capital
Expenditures Committee moved that their respective Reports be received and placed on file.Motions
Adopted.
8:08 P.M. Marilyn Fenollosa,Chair,Community Preservation Committee,moved that the Report
of the Committee be received and placed on file.Motion Adopted.
8:08 P.M. The Moderator declared the Meeting open on the Consent Agenda.The Consent
Agenda included Articles 2,3,4,and 6.
CONSENT AGENDA
8:09 P.M. Douglas Lucente,Chair, Select Board,moved to take up the Consent Agenda.Motion
Adopted.The Consent Agenda included the following Articles and motions:
ARTICLE 2:APPROPRIATE FOR PRIOR YEARS'UNPAID BILLS
MOTION: That this article be indefinitely postponed.
Special Town Meeting#2 and#3,October 14,2020,con't...
ARTICLE 3: ESTABLISH,DISSOLVE AND APPROPRIATE TO AND FROM
SPECIFIED STABILIZATION FUNDS
MOTION:
a) That$1,100,000 be appropriated from the Capital Stabilization Fund for projects
excluded from the limits of Proposition 2'/z;and
b) That$47,352 be appropriated to the Transportation Demand Management(TDM)
Stabilization Fund,and to meet this appropriation$47,352 be appropriated from
the Transportation Demand Management Special Revenue Fund,and further,that
in accordance with M.G.L.Chapter 40, Section 5B paragraph four,that any
payments made to the Town by Avalon at Lexington Hills;Takeda
Pharmaceuticals;Watertown Savings Bank;or Brigs,LLC on behalf of Lexington
Place Condominium Trust for the purpose of transportation mitigation or
supporting the Lexpress bus service,as required pursuant to previously executed
memoranda of agreement,be deposited into said Transportation Demand
Management Stabilization Fund.
ARTICLE 4:RESCIND PRIOR BORROWING AUTHORIZATIONS
MOTION: That the unused borrowing authorities as set forth below be and are hereby rescinded:
Town Meeting Amount to be
Article Action Project Description Rescinded
Supplemental Appropriation for School
4 2016 STM5 Facilities-Modular Classrooms $ 14,374.00
10S 2013 ATM Concord Ave Sidewalk $ 59,073.00
2 12011 STM 1 Bridge/Bowman Construction $ 5,887.00
ARTICLE 6:APPROPRIATE TO POST EMPLOYMENT INSURANCE LIABILITY FUND
MOTION: That this article be indefinitely postponed.
8:09 P.M. Mr.Lucente moved to approve the Consent Agenda.There were no questions on the
Consent Agenda.
8:10 P.M. The Moderator called for the vote.
8:10 P.M. Following electronic vote tallying,the Moderator declared the CONSENT AGENDA
Adopted by the necessary two-thirds on a vote of:
Yes No Abstain
173 0 2
8:18 P.M. Mr.Lucente moved to take up Article 8,followed by Article 5.Motion Adopted.
8:19 P.M. Presented by Richard Neumeier,Pct. 5.
ARTICLE 8:REDUCE LEGAL EXPENSES
MOTION: To reduce the amount of money spent on town legal expenses by having the routine
legal work done by in-house counsel by reducing the amounts appropriated under Article 4 of the
2020 Annual Town Meeting as follows:
a) reducing the appropriation in line item 8120 from$410,000 to$110,000 and;
b) increasing the amount appropriated for the Town Manager Personal Services in line
item 8220 by$100,000.
8:19 P.M. Mr.Neumeier moved Article 8.A video of Mr.Neumeier's presentation was shown in
which he reviewed the amount spent on legal fees,the purpose for those expenses,the general duties
of a Town Counsel and alternatives to hiring a firm for Town Counsel services.
8:29 p.m. Suzanne Barry,member, Select Board,explained the selection process for Town
Counsel services,and reported the unanimous opposition of the Select Board to Article 8.
8:30 p.m. Glenn Parker,Chair,Appropriation Committee,reported lack of support for the
Article in a vote of(1-6).
Special Town Meeting#2 and#3,October 14,2020,con't...
8:34 p.m. Dawn McKenna,Pct. 6,spoke against Article 8,but questioned whether there was a
review process for the costs associated with legal counsel.James Malloy,Town Manager,responded,
showing a video in which he highlighted the complexity of Lexington's Town Counsel's duties.
8:42 p.m. Peter Enrich,Pct.4,spoke in opposition and urged lack of support.
8:55 p.m. With no further questions,the Moderator called for the vote.
9:00 P.M. Following electronic vote tallying,the Moderator declared Article 8 NOT Adopted
on a vote of:
Yes No Abstain
14 159 4
9:00 P.M. The Moderator declared the Meeting open under Article 5.
9:00 P.M. Presented by Douglas Lucente,Chair, Select Board.
ARTICLE 5:AMEND 2021 OPERATING,ENTERPRISE AND CPA BUDGETS
MOTION:
(a)That the following adjustment be made to the following line items for the FY2021
Operating budget as approved under Article 4 of the 2020 Annual Town Meeting:
Line Item Program From To
2410 Payments on Funded Debt $6,147,000 $6,292,000
2420 Interest on Funded Debt $1,030,508 $1,101,674
2430 Temporary Borrowing $3,339,936 $2,977,909
7100-7400 Land Use,Health and Development Expenses $510,687 $526,987
and further,that$89,475 be transferred from the General Fund Unreserved Fund Balance(Free Cash)
to finance operating budget appropriations,as a supplement to the transfers approved under Article 4
of the 2020 Annual Town Meeting.
(b)That the following adjustment be made to the following line item for the FY2021 budget to operate
the Water Division of the Department of Public Works as approved under Article 5(a) of the 2020
Annual Town Meeting:
Program lFrom ITo
MWRA Water Assessment $8,030,101 $8,006,399
(c)That the following adjustment be made to the following line item for the FY2021 budget to operate
the Wastewater Division of the Department of Public Works as approved under Article 5(b)of the 2020
Annual Town Meeting:
Program lFrom ITo
MWRA Wastewater Assessment $8,248,093 1$7,922,359
(d) That the following adjustments be made to the following line items for the FY2021 budget to
operate the Recreation and Community Programs Department as approved under Article 5(c) of the
2020 Annual Town Meeting:
Program From To
Personal Services $1,535,363 $962,170
Expenses $1,480,045 $1,041,951
and further,that appropriations for the Recreation and Community Programs Department be funded by
a transfer of$400,000 from the tax levy,in addition to the transfers approved under Article 5(c)of the
2020 Annual Town Meeting.
Special Town Meeting#2 and#3,October 14,2020,con't...
9:01 P.M. Mr.Lucente moved the question and asked the Moderator to recognize Town
Manager,James Malloy.
9:02 p.m. Mr.Malloy showed a video presentation explaining the adjustments in the four
sections of Article 5.
9:06 p.m. Suzanne Barry,member,Select Board,recused herself from discussion and voting.
9:06 p.m. Joseph Pato,member,Select Board,reported the support of the remaining four
members of the Board.
9:06 p.m. Glenn Parker,Chair,Appropriation Committee,reported the unanimous support of the
Committee.
9:07 p.m. David Kanter,member,Capital Expenditures Committee,reported no Committee
position on the Article.
9:07 p.m. Andrei Radulescu-Banu,Pct. 8,raised a question regarding the Appropriation
Committee Report on OPEB.Carolyn Kosnoff,Assistant Town Manager for Finance responded.
9:12 p.m. With no further questions,the Moderator called for the vote.
9:16 p.m. Following electronic vote tallying,the Moderator declared Article 5 Adopted on a
vote of:
Yes No Abstain
173 0 3
9:17 p.m. Mr.Lucente moved to adjourn Special Town Meeting#3 until November 9,2020
at 7:30 p.m.Motion Adopted.
Special Town Meeting#2,2020-2
9:18 P.M. Town Moderator Deborah Brown called the 2020 Special Town Meeting#2 back to
order and open under Article 1.
ARTICLE 1: REPORTS OF TOWN BOARDS,OFFICERS AND COMMITTEES
9:18 P.M. Glenn Parker,Chair,Appropriation Committee,moved that the Report of the
Committee be received and placed on file.Motion Adopted.
9:20 p.m. Robert Creech,Chair,Planning Board,moved that the Report of the Planning Board
be received and placed on file.Motion Adopted.
9:20 p.m. The Moderator called for a vote to approve the use of remote technology in the
continuation of Special Town Meeting#2 and for the use of the remote electronic voting system.
Motion Adopted.
9:21 p.m. The Moderator declared the Meeting open under Article 2.
9:21 p.m. Presented by Douglas Lucente,Chair, Select Board.
ARTICLE 2: SHORT TERM RENTAL FEES
MOTION: a)That the Town accept Massachusetts General Laws Chapter 64G, Section 3D(a),
which permits the Town to impose a community impact fee of not more than 3 per
cent of the total amount of rent upon each transfer of occupancy of a professionally
managed unit located within the Town,and to set the rate of said impact fee at 3 per
cent.
b) That the Town accept Massachusetts General Laws Chapter 64G, Section 3D(b),
which permits the Town to impose a community impact fee of not more than 3 per
cent of the total amount of rent upon each transfer of occupancy of a short-term rental
unit located within a two-family or three-family dwelling that includes the operator's
primary residence,and to set the rate of said impact fee at 3 per cent.
9:22 p.m. Mr.Lucente moved Article 2 and asked the Moderator to recognize Carol Kowalski,
Assistant Town Manager for Development.In her presentation,Ms.Kowalski explained that
acceptance of two Sections in Massachusetts General Law Chapter 64G would be needed in order for
the Town to collect fees for short term rentals.
Special Town Meeting#2 and#3,October 14,2020,con't...
9:23 p.m. Jill Hai,member,Select Board,reported the unanimous support of the Board and
made brief remarks.
9:25 p.m. Robert Creech,Chair,Planning Board,reported unanimous support of the Board.
9:25 p.m. Glenn Parker,Chair,Appropriation Committee,reported unanimous support of the
Committee.
9:33 p.m. With no questions,the Moderator called for the vote.A question from Mr.Parker just
prior to the vote delayed voting.It was decided that sequential separate votes should be taken on each
section of Article.
9:37 p.m. The Moderator clarified the voting order for members.
9:43 p.m. Following electronic vote tallying,the Moderator declared Article 2(a)Adopted on a
vote of:
Yes No Abstain
166 4 2
9:50 p.m. Following electronic vote tallying,the Moderator declared Article 2(b)Adopted on a
vote of:
Yes No Abstain
162 7 2
9:51 p.m. The Moderator declared the meeting open under Article 9.
9:52 p.m. Presented by Robert Creech,Chair,Planning Board.
ARTICLE 9: AMEND ZONING BYLAW-DISTANCE FROM BASEMENT,SLAB OR
CRAWL SPACE AND GROUNDWATER
MOTION:That the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington,be amended
by adding a new Section 4.5 as follows,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:
4.5.1 PURPOSE.
The purposes of this section are to preserve and protect groundwater;to maintain and enhance the
public safety,environment,health,and general welfare by establishing minimum requirements;and
to establish procedures to control the adverse effects of building basement floors nearer than two(2)
feet from the Estimated Seasonal High Groundwater Table(ESHGWT),including basement flooding,
pumping and discharge of groundwater to neighboring properties,discharging groundwater to the
public way,and illicit connections to the Town's sewer and stormwater connections.
4.5.2 DEFINITIONS.
Estimated Seasonal High Groundwater Table(ESHGWT):The estimated highest level to a zone of
saturation in the soil in most years under normal wet season,as determined by a registered
professional engineer,a qualified soil scientist or licensed soil evaluator.
4.5.3 APPLICABILITY.
The requirement of this Section 4.5 shall apply to:
1. A new dwelling;or
2. Additions to an existing dwelling that increases a building footprint by more than 1,000
square feet.
4.5.4 CONDITIONS AND REQUIREMENTS.
The vertical distance between the finished basement floor of any dwelling shall not be less than two
(2)feet above the ESHGWT. Permission for a vertical distance less than two(2)feet above the
ESHGWT may be granted if the applicant provides sufficient evidence that a proposed lesser vertical
distance will not impact the structure being proposed in a manner contrary to the purposes of this
Section 4.5,any other structures or constructed facilities,or the functions of the natural groundwater
system(such as base flow maintenance)and if all of the following conditions are met:
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1. Detailed engineering plans,certified by a Registered Professional Engineer showing a
foundation and perimeter drain management system and roof stormwater management
system(s)that will mitigate and control groundwater discharge and stormwater runoff,are
provided;
2. The provided foundation and perimeter drain discharge management system and roof
stormwater management system plans have been reviewed by the Building,Conservation,
Health and Engineering Departments and comments adequately addressed;
3. Roof drains and downspouts connect to a stormwater management system designed by a
Registered Professional Engineer;and
4. The applicant has agreed to pay the fee for consulting services to perform engineering review
pursuant to the provisions of MGL Chapter 44, Section 53G.
9:52 p.m. Mr. Creech moved the question,and requested that the Moderator recognize James
Kelly,Building Commissioner.
9:52 p.m. Mr.Kelly gave his prepared presentation,in which he explained the importance of
installing foundations above the estimated seasonal high groundwater table to prevent basement
flooding,contamination of groundwater and related impacts.
9:57 p.m. Mr. Creech reported the unanimous support of the Planning Board(5-0).
10:00 P.M. Douglas Lucente,Chair, Select Board,made brief comments and reported the
unanimous support of the Board.
10:02 p.m. Phillip Hamilton,Chair,Conservation Commission reported the unanimous support of
the Commission.
10:03 p.m. Members asked a variety of questions including whether the amendment would affect
height limits,whether the addition of fill would change a determination,and the definition of the
term,"footprint"as shown in the motion.
10:13 p.m. Sean Dugan,Public Information Officer,read a prepared statement from Kiril Rachev,
10 Longfellow Road,in which the homeowner referenced the impact of construction in his
neighborhood related to high groundwater.
10:28 p.m. Delanot Bastien,Pct.3,questioned whether the amendment would apply to
commercial construction.Mr.Kelly replied in the negative,stating that commercial buildings are
engineered more thoroughly than residential construction when it comes to groundwater.
10:38 p.m. Peter Enrich,Pct.3,called the question.
10:38 p.m. Technical questions related to numbering were resolved prior to the vote.
10:49 p.m. Following electronic vote tallying,the Moderator declared the Motion to call the
Question Adopted on a vote of:
Yes No Abstain
133 25 6
10:49 p.m. Mr.Kelly made brief summary comments and thanked those who participated in the
preparation of Article 9.
10:51 p.m. Following electronic vote tallying,the Moderator declared Article 9 Adopted by the
necessary two thirds on a vote of:
Yes No Abstain Approved by Attorney General
154 5 1 Maura Healey June 11,2021;
Posted June 14,2021.
10:54 p.m. Robert Cohen,Pct.4,served NOTICE OF RECONSIDERATION of Article 9.
10:55 p.m. The Moderator reviewed the order of Articles to be discussed at the next session of
Special Town Meeting#2.
10:56 p.m. Douglas Lucente,Chair, Select Board moved to adjourn Special Town Meeting#2
until Monday,October 19"at 7:30 p.m.Motion Adopted.
A true copy.
Attest:
Nathalie L.Rice,Town Clerk
October 19,2020 Adjourned Session of 2020 Special Town Meeting 02,2020-2
Moderator Deborah Brown called the second session of 2020 Special Town Meeting#2 to order at
7:33 p.m.,Monday,October 19,2020,the meeting held remotely due to the COVID-19 pandemic.
Electronic voting was conducted via a fully participatory virtual Town Meeting platform and results
were reported as usual on the Town's website;a quorum in excess of 100 members was present.
7:35 p.m. The Moderator welcomed visitors,explained parliamentary procedures and called for
the testing of the electronic voting units.Attendance was taken.
7:40 p.m. Douglas Lucente,Chair, Select Board,moved to take up Articles 7 and 8.Motion
Adopted.
7:40 p.m. The Moderator declared the meeting open under Article 7.
7:41 p.m. Presented by Betty Gan,Pct.8.
ARTICLE 7:RESOLUTION FOR ESTABLISHMENT OF A MONUMENT(Citizen Petition)
Resolved:
That the Town urge the Select Board,acting through the Town Manager or their designee,to permit
use of a highly visible space near the Visitor Center or Cary Library for the installation of a privately-
funded permanent monument that is intersectionally sensitive and honors the contribution women
have made to this community across time;or act in any other manner thereto.
7:42 p.m. A video presentation narrated by Ms.Gan and her colleagues highlighted the many
contributions made by women throughout Lexington's history. The Article proposed the installation
of a durable monument to be placed in a prominent location honoring women and their important
work.
7:49 p.m. Mr.Lucente,Chair, Select Board,reported the vote of the Board(1-3),with one
member waiting to hear discussion prior to casting a vote.
7:51 p.m. Robert Balaban,Pct. 5,asked the meaning of"intersectionally".Ms. Gan responded
that the selection of the monument would be examined through multiple lenses from the standpoint of
age,race,and inclusivity.
7:53 p.m. Members inquired about the monument's location,design,honorees,and process.
7:58 p.m. Marci Cemenski,59 Outlook Drive,and Girl Scout Troop 66265 spoke in support of
the Article.
8:15 p.m. In response to a question from Sanjay Padaki,Pct. 8,Town Counsel Mina Mikarious
stated that the motion was neither binding on location nor design.
8:30 p.m. Mr.Lucente clarified the Select Board's concerns about the Article,stating that
restricting the monument to two locations was problematic.Ms.Hai,the member who had not yet
voiced a vote,stated that she was supportive of the concept,however.The remaining three members
stated their positions.
8:37 p.m. Taylor Singh,Pct.7,proposed an Amendment,which the Moderator requested to have
in writing.
8:39 p.m. The Moderator called a short recess to enable Ms. Singh time to submit the
amendment,which she suggested be considered a"friendly"amendment".
AMENDMENT TO ARTICLE 7:
MOTION AS AMENDED:
That the Town urge the Select Board,acting through the Town Manager or their designee,to permit
use of a highly visible and public outdoor location-, for
the installation of a privately-funded permanent monument that is intersectionally sensitive and
honors the contribution women have made to this community across time;
oto.
8:46 p.m. Ms.Gan accepted the friendly amendment.
8:49 p.m. The Moderator stated that the Amendment was now the main motion.
8:49 p.m. Suzanne Barry,member,Select Board,stated that the Board was now unanimous in
support.
8:50 p.m. Jessie Steigerwald,Pct. 8,answered questions related to cost and design,reiterating
that the cost would be funded with private donations. She estimated the cost to be in the range of
$150,000 for the monument,exclusive of site preparation. She stated that there was a$100,000
Adjourned Session of the October 19,2020 Special Town Meering#2 and#3,con't...
matching fund grant from a Lexington donor. She noted that maintenance costs would be factored
into the budget.
8:55 p.m. Dawn McKenna,Pct. 6,clarified a point regarding the Antony Park project,stating
that all funds were raised through private donations.
8:57 p.m. David Kaufman,Pct.3,stated that he appreciated the need for recognition of women
in Lexington,but said he felt it was the"wrong time and place".He said the funds dedicated to the
monument could be better directed to meet needs such as food insecurity or affordable housing.He
noted that ongoing maintenance could be significant as the Town had learned with the Minuteman
Statue.
9:00 P.M. Steven Kaufman,Pct. 5,called the question.
9:05 p.m. Following electronic vote tallying,the Moderator declared the Motion to call the
Question Adopted on a vote of:
Yes No Abstain
147 15 11
9:06 p.m. With no summary comments from Ms.Gan,the Moderator called for the vote on
Article 7.
9:11 P.M. Following electronic vote tallying,the Moderator declared the Article 7 Adopted as
Amended on a vote of:
Yes No Abstain
165 3 6
9:11 P.M. The Moderator declared the meeting open under Article 8.
9:11 P.M. Presented by Deborah Strod,Pct.6.
ARTICLE 8:SYSTEMIC RACISM RESOLUTION(Citizen Petition)
Resolved:
That the Town:
a. consider racial and other equity impacts in all decisions and planning processes in order to work
toward dismantling systemic racism and white privilege;
b. take action to integrate racial equity tools and concepts into routine operations and policy-
making;
c. build capacity to collect,interpret and act on data related to inequities,particularly those related
to health,housing,education,policing,representation,and economic and environmental justice;
and
d. develop and implement a comprehensive racial equity plan with public input,to include staff
training,hiring practices,and public education;
all with the goal of making Lexington a truly equitable community.
9:12 p.m. Ms. Strod presented a clear and articulate video in which she stated that the Resolution
acknowledged racism and white privilege in Lexington and affirmed to create a positive vision for the
Town. She explained that the adoption of defined goals for a coordinated response was needed to
address and eliminate racism.
9:23 p.m. Jill Hai,member,Select Board,reported the unanimous support of the Board.
9:23 p.m. Kathleen Lenihan,Chair, School Committee,reported the unanimous support of the
Committee.
9:23 p.m. Robert Creech,Chair,reported the unanimous support of the Planning Board.
9:24 p.m. Victoria Buckley,Chair,Commission on Disability,reported the unanimous support
of the Commission.
9:29 p.m. Sean Duggan,Public Information Officer,read a statement on behalf of
Representative Michelle Cicollo in which she urged support and encouraged Lexington to be a leader
in the fight against racism.
9:32 p.m. James Osten,Pct. 9,asked the Select Board to report on diversity and the Town's
hiring practices.Mr.Malloy,Town Manager responded.
9:35 p.m. Marc Saint Louis,Pct. 5,member of the Association of Black Citizens of Lexington,
spoke in support and said he looked forward to continuing work with the Schools and Town.
9:36 p.m. Suzie Liu Snell,23 Tyler Road,spoke in support of Article 8,with Sean Dugan,
Public Information Officer,reading her statement.
Adjourned Session of the October 19,2020 Special Town Meering#2 and#3,con't...
9:37 p.m. Steven Kaufman,Pct.5,asked whether the resolution would be in conflict with
(United States)Executive Orders 11246 or 11247 regarding Civil Rights.
9:38 p.m. Mina Mikarious,Town Counsel,responded that it would not,since it was a resolution.
9:40 p.m. Sean Osborne,President of the Association of Black Citizens in Lexington,reported
the support of the Association.
9:40 p.m. Robert Peters,Pct.7,asked for information on traffic citations by racial breakdown.
Mr.Malloy responded.
9:47 p.m. Members asked about the Town's training on racial sensitivity.Mr.Malloy and Ms.
Hai responded,informing members that the Senior Managers had undergone training,and a decision
would be made whether to offer the training to Middle Managers.
9:55 p.m. Various Town residents spoke in support.
9:59 p.m. Anil Ahuja,Pct.5,called the question.
10:05 p.m. Following electronic vote tallying,the Moderator declared the Motion to call the
Question Adopted on a vote of:
Yes No Abstain
147 15 11
10:05 p.m. Ms. Strod made brief summary comments.
10:05 p.m. Following electronic vote tallying,the Moderator declared the Article 8 Adopted on a
vote of:
Yes No Abstain
171 0 2
10:05 p.m. The Moderator reviewed the order of Articles to be discussed at the next session of
Special Town Meeting#2.
10:10 P.M. Douglas Lucente,Chair, Select Board moved to adjourn Special Town Meeting#2
until Wednesday,October 21st at 7:30 p.m.Motion Adopted.
A true copy.
Attest:
Nathalie L.Rice,Town Clerk
October 21,2020 Adjourned Session of 2020 Special Town Meeting#2,2020-2
Moderator Deborah Brown called the third session of 2020 Special Town Meeting#2 to order at
7:32 p.m.,Wednesday,October 21,2020,the meeting held remotely due to the COVID-19 pandemic.
Electronic voting was conducted via a fully participatory virtual Town Meeting platform and results
were reported as usual on the Town's website;a quorum in excess of 100 members was present.
7:35 p.m. The Moderator welcomed visitors,explained parliamentary procedures and called for
the testing of the electronic voting units,Motion Adopted.Attendance was taken.
7:39 p.m. The Moderator delivered a beautiful tribute to long-standing Town Meeting member
Dan Fenn,stating that"he set the gold standard for civic and civil involvement".Town Meeting
Members held a moment of silence in his honor;Mr.Fenn will be greatly missed.
7:45 p.m. Douglas Lucente,Chair, Select Board,moved to take up Articles 3 and 5.Motion
Adopted.
7:45 p.m. The Moderator declared the meeting open under Article 3.
7:46 p.m. Presented by Hemaben Bhatt,Pct.9.
ARTICLE 3:AMEND GENERAL BYLAWS-NOISE CONTROL(Citizen Petition)
MOTION: That Chapter 80 of the Code of the Town of Lexington,Noise Control be amended by
inserting the following as a new§ 80-8 and renumbering the existing§§ 80-8 to 80-11 as§§ 80-9 to
80-12.
§ 80-8 Noise mitigation plan for construction
(i)A noise mitigation plan shall be required prior to the issuance of a building permit for
Adjourned Session of the October 21,2020 Special Town Meering#2 and#3,con't...
construction projects in or adjacent to residentially zoned areas where:
(1)the project entails rock removal with heavy machinery,including ledge removal,rock
pounding,rock crushing,rock drilling or rock cutting(collectively defined as"Ledge
Work");and
(2) Ledge Work activities are anticipated to take place on more than fifteen days over the
course of the project.
(ii) A noise mitigation plan required under this § 80-8 shall, at a minimum, require
portable sound barriers,designed to reduce sound levels outside the barriers by at least 10
dB(A),surrounding and installed as close as practicable to the source of the noise. These
barriers must reduce construction noise to prevent noise injury to town residents. The
objective of this amendment is to keep maximum noise levels under 85 dB(A) at the
property line.
(iii)In the event that a building permit is issued under the assumption that none of the§
80-8 provisions apply,and it is discovered that such provisions do apply after the project
begins, then no Ledge Work shall begin or continue until a noise mitigation plan is
submitted and accepted in accordance with§ 80-8(ii).
(iv)In the event that the builder does not submit or follow a specified noise plan,
whether by using inadequate barriers,poor barrier installation,poor maintenance,
failure to move them to a new work area on site,or any other problem,then work must
cease until the issue is corrected.and a penalty of$50 per day may be assessed in
accordance with provisions of§ 80-7 for any days that Ledge Work took place without
a plan,or not in accordance with a submitted plan.
(v) In addition to the general enforcement provisions of Chapter 80, the Building
Department in conjunction with the Public Health Department shall have the power to
enforce this section.
7:46 p.m. A video presentation was made by Varda Haimo, 12 Jean Road,which outlined the
proposed amendment to the Noise Bylaw.The amendment called for the submission of a Noise
Mitigation Plan,including installation of effective barriers to ensure health and safety of nearby
residents.
7:52 p.m. Joseph Pato,member, Select Board,reported the unanimous support of the Board and
made a brief report.
7:52 p.m. Robert Creech,Chair,Planning Board reported the unanimous support of the Board.
7:53 p.m. Andrei Radulescu-Banu,Pct. 8,proposed a friendly amendment,changing the word,
"amendment"to"bylaw"in the last sentence of section(ii). The amendment was accepted by the
proponents as a friendly amendment.
7:58 p.m. Members discussed the time frame in section(2)which called for mitigation plans for
any project lasting 15 days or more.Robert Rotberg,Pct.3,stated his opinion that 15 days seemed
"far too generous"and that the fine in the amendment($50)was too low.Members also questioned
how noise levels would be measured and by whom.
8:19 P.M. Betty Gan,Pct. 8,proposed an amendment,changing the 15 day limit in section(2)to
7 days.
AMENDMENT TO ARTICLE 3:
To change the number"15"in section(2)of the motion to"T'.
8:20 p.m. Robert Creech,Planning Board Chair,reported the support of the Board(4-0-1).
8:23 p.m. The Moderator called a recess at the request of the Select Board.
8:26 p.m. The Meeting was called back to order.
8:26 p.m. Joseph Pato,member, Select Board reported the unanimous opposition of the Board.
8:27 p.m. Mr. Creech reported the support of the Planning Board(4-0).
8:30 p.m. Members discussed the pros and cons of the amendment,questioning the reason for
the selection of 7 days specifically,the impact on contractors,the cost of noise mitigation panels,and
other aspects of construction noise control.Town Counsel,Mina Mikarious,answered questions.
8:52 p.m. After final comments by Ms.Gan,the Moderator called for a vote.
8:54 p.m. Following electronic vote tallying,the Moderator declared the AMENDMENT to
Article 3 Adopted on a vote of:
Yes No Abstain
90 73 2
Adjourned Session of the October 21,2020 Special Town Meering#2 and#3,con't...
8:58 p.m. The Meeting resumed discussion of the motion as amended,with members asking
Building Inspector,James Kelly,about the inspection process.Mr.Kelly stated that abutters are
generally not informed of proposed drilling on residential lots.
9:09 P.M. Steven Heinrich,Pct.3 called the question.
9:10 P.M. Following electronic vote tallying,the Moderator declared the vote to Call the
Question Adopted on a vote of:
Yes No Abstain
139 21 5
9:15 p.m. Mr.Pato,member,Select Board reported unanimous support of the Board for the motion
as amended.
9:15 p.m. Mr. Creech,Chair,Planning Board reported support of the Board.
9:15 p.m. Summary comments on behalf of the presenter were declined.
9:16 p.m. The Moderator called for the vote.
9:17 p.m. Following electronic vote tallying,the Moderator declared Article 3 as Amended
Adopted on a vote of:
Yes No Abstain Approved by Attorney General
163 2 2 Mau Healey March 17,2021;
Posted March 22,2021.
9:21 p.m. The Moderator declared the Meeting open under Article 5.
9:22 p.m. Presented by Peter Lee,Pct.2.
ARTICLE 5:AMEND GENERAL BYLAWS—RUNNING BAMBOO CONTROL(Citizen
Petition)
MOTION: That the Code of the Town of Lexington be amended by adding a new Chapter 131,
Running Bamboo Control,as follows:
§ 131-1 Purpose and applicability.
1.The purpose and intent of this bylaw is to preserve and protect private and Town-owned property
and Town-owned rights of way from the damaging spread of Running Bamboo and to protect
indigenous biodiversity threatened by Running Bamboo.
2.Running Bamboo that encroaches beyond the Running Bamboo Owner's property or spreads
rhizomes and new shoots pose a risk of substantial damage to the structures and land of abutting
parcels.As Running Bamboo threatens to be destructive to the natural environment and to the
enjoyment of public and private property including structures and paved surfaces in the Town of
Lexington,the Town hereby declares it necessary to require the control of any existing Running
Bamboo,and to prohibit the planting,replanting,transplanting,installation,or reinstallation of
Running Bamboo on any property in the Town of Lexington subsequent to the effective date of this
bylaw.
§ 131-2 Definitions.
TOWN MANAGER
The Town Manager or their designee.
ENCROACHED or ENCROACHMENT
The encroaching,spreading,invading,or intruding by Running Bamboo upon any property other than
the property on which Running Bamboo was originally planted.
RUNNING BAMBOO
Any monopodia)(running)tropical or semi-tropical bamboo grasses or bamboo species,and any
other species of bamboo that is found to have encroached upon any property other than the property
on which it was originally planted,including Town-owned property or a Town-owned right of way.
RUNNING BAMBOO OWNER
Any property owner,whether a person,firm,trust,corporation or other legal entity,at whose
property Running Bamboo is located.Any property owner who provides satisfactory evidence to the
Town Manager or their designee that the property owner did not plant the Running Bamboo on his or
her property,and upon discovery of the Encroachment of Running Bamboo onto his or her property
Adjourned Session of the October 21,2020 Special Town Meering#2 and#3,con't...
from an abutting property,informed the abutting property owner,by delivery of a written notice by
certified mail within a year of the Encroachment being discovered,of an objection to the
Encroachment of the Running Bamboo,and provides a copy of such written notice to the Town
Manager within 5 days of mailing to the abutting property owner,shall not be considered a Running
Bamboo Owner with respect to the abutting property so noticed,but may be considered a Running
Bamboo Owner with respect to any other abutting properties,and shall be required to comply with
the provisions of section 131-4 of this Chapter with respect to any such other abutting properties.
The Town Manager may,but is not required to,consider the following as additional evidence to
determine whether a property owner is a Running Bamboo Owner:
a.Photographic evidence that the Running Bamboo began on the Running Bamboo Owner's
property and encroached onto the neighboring property;
b.The absence of an adequate Running Bamboo barrier system on the Running Bamboo
Owner's property;and
c.Any other evidence provided to the Town Manager demonstrating that the Running
Bamboo was not planted on the owner's property.
§ 131-3 Applicability.
A.The provisions of this bylaw shall apply to any Running Bamboo Owner.The provisions of this
bylaw shall not apply to any Running Bamboo that has already encroached from a Running Bamboo
Owner's property onto any private or Town-owned property or right of way before(insert date the
bylaw passes).Any new bamboo encroachments from a Running Bamboo Owner's property onto any
private or Town-owned property or right of way on or after(insert date the bylaw passes)shall be
subject to this bylaw.
B.The Town Manager or their designee may,but is not required to,consider the following as
additional evidence to determine if a bamboo encroachment on any private or Town owned property
or right of way occurred before or after the passage of this bylaw:
a.Photographic evidence that the Running Bamboo encroachment onto the neighboring
property occurred after the passage of this bylaw;
b.The absence of an adequate Running Bamboo barrier system on the Running Bamboo
Owner's property;and
c.Any other evidence provided to the Town Manager or their designee demonstrating that the
Running Bamboo encroachment onto the neighboring property occurred after the passage of
this bylaw.
§ 131-4 Requirements.
A.All Running Bamboo Owners shall confine Running Bamboo in a manner that will prevent the
Running Bamboo from any Encroachment onto any other property or right of way.The following
shall constitute an adequate barrier system confining the Running Bamboo:
1.A seamless barrier composed of high density polypropylene,or polyethylene,or a metal barrier
with sealed,overlapping and reinforced seams,or an impermeable joint free concrete barrier.The
barrier must extend at least 36 inches below the ground surface,and the barrier must extend at
least 2 inches above the ground surface for the entire length of the installation,and the installation
must extend such that the possibility of flanking the barrier system is not possible;
2.The placement of the Running Bamboo in a fully enclosed above ground pot or planter;or
3.Any other adequate barrier system approved by the Town Manager or their designee.
B. Running Bamboo Owners with Running Bamboo within four feet of the boundary line of the
Running Bamboo Owner's property must install and maintain a barrier preventing the spread of the
Running Bamboo beyond the Running Bamboo Owner's property.
C. The Town Manager or their designee shall have the authority to promulgate regulations to
accomplish any of the provisions of this bylaw.
Adjourned Session of the October 21,2020 Special Town Meering#2 and#3,con't...
D. All planting,replanting,transplanting,installation,or reinstallation of Running Bamboo in the
Town of Lexington subsequent to the effective date of this bylaw is prohibited.
§ 131-5 Enforcement.
A. The Town Manager or their designee shall have the authority to enforce the provisions of this
bylaw.
B. Any Running Bamboo Owner that is found to have violated the provisions of this bylaw may be
subject to penalties pursuant to§ 131-6 of this Chapter.
C. In the event Running Bamboo Encroaches onto Town-owned property or any Town-owned right
of way,the Town Manager or their designee shall notify the Running Bamboo Owner in writing by
certified mail,return receipt requested,of such Encroachment and/or other violation of this Chapter,
which order shall:
1.Provide notice of the requirement to prevent Running Bamboo from Encroaching onto
Town owned property or a Town owned right of way;
2. Specify the nature and location of the violation;
3.When applicable,order that the Running Bamboo Owner remove all portions of the
Running Bamboo from the Town property or the Town owned right of way,and construct an
adequate barrier system to prevent any further Encroachment;and
4. State that the failure to comply with the notice and order will lead to the Running Bamboo
Owner being held liable to the Town for the cost of removal of the Encroachment,fines that
may be imposed pursuant to § 131-6,and the Town's cost to install a barrier pursuant to the
provisions of this bylaw.
D. The Running Bamboo Owner must obtain and comply with all applicable federal,state,and local
permits,licenses and other requirements necessary to remove the Running Bamboo from any Town
property or the Town right of way.
E.If the Running Bamboo Owner fails to remove the Running Bamboo as directed in the order sent
pursuant to this Section,the Town may remove the Running Bamboo that has Encroached onto
Town-owned property or onto a Town-owned right of way.The Town may also construct a barrier
designed to contain the Running Bamboo and prevent further intrusion.The cost of the removal of
the Running Bamboo and the installation of a barrier shall be charged to the Running Bamboo
Owner.The Town shall not be liable to the Running Bamboo Owner for damages caused as a result
of the Running Bamboo removal and the Running Bamboo Owner shall be liable for any and all
damages to Town-owned property or rights of way or property owned by any third party,and
expenses related thereto.
F.If the Town causes Running Bamboo to be removed from Town-owned property or from a Town-
owned right of way,or causes a barrier to be installed,a statement of cost thereof shall be mailed to
the Running Bamboo Owner by certified mail,return receipt requested with a demand for immediate
payment to the Town for all such costs.
§ 131-6 Penalty.
Any Running Bamboo Owner that is in violation of this bylaw may be fined$100.00 per day for
each day that the Running Bamboo remains unconfined on the Running Bamboo Owner's property,
or is in violation of any other provisions of this chapter.Any such penalty or penalties may be
enforced through non-criminal disposition as provided by G.L.c.40,§21D.
§ 131-7 Severability
The provisions of this Chapter are severable.If any section,provision or portion of this bylaw is
determined to be invalid by a court of competent jurisdiction,the remaining provisions of this bylaw
shall continue to be valid.
and further,that the Code of the Town of Lexington be amended by adding the following in
Chapter 1-6,Noncriminal Disposition in the appropriate numerical order:
Chapter 131,Running Bamboo.
Fine schedule: $100 per violation per day.
Adjourned Session of the October 21,2020 Special Town Meering#2 and#3,con't...
9:23 p.m. Michael Reamer,34 Parker Street,narrated a video presentation,explaining the nature
of the problem with the aggressive invasive species,Running Bamboo.He stated that roots of the
plant can grow up to 1 foot per day,damaging foundations and driveways,and that removal of the
plant is nearly impossible.He cautioned about the impact on property values and urged Town
Meeting Members to vote to take measures to support the bylaw which proposed controls for the
plant.
9:30 p.m. Joseph Pato,member, Select Board recused himself from the discussion due to an
abutting property that had Running Bamboo.
9:30 p.m. Robert Creech,Chair,Planning Board,reported the support of the Board(4-0-1);
Board Member Jinna Johnson presented the Planning Board Report.
9:34 p.m. Douglas Lucente,Chair, Select Board,reported support of the Board(4-0),with one
recusal.
9:35 p.m. Philip Hamilton,Chair,Conservation Commission,reported the position of the
Commission,stating that earlier in the week,the Commission stated that they were not opposed to the
proposed bylaw as long as sufficient resources were in place for enforcement.However,they
preferred outright prohibition of the plant. Since that time,he stated,the prohibition language had
been added,but the Commission had not had time to meet.He said he personally would be in favor of
the current bylaw now.
9:37 p.m. Avram Baskin,Pct.2,questioned whether the Town had to wait until Attorney
General approval,or whether a more generic bylaw on invasive species could be passed.Mina
Mikarious,Town Counsel,responded.
9:39 p.m. Brian Perry,321 Bedford Street,a citizen with running bamboo on his property,urged
passage of the bylaw.
9:55 p.m. Elilzabeth Connors,54 Harding Road,also urged passage,noting a$4,800 estimate to
remove running bamboo from her property.
9:55 p.m. Members discussed various topics,including the scope of the Article,other invasive
species such as Japanese Knotweed and the issue of abutters planting Running Bamboo.
10:04 p.m. Thomas Griffiths,Pct.4,called the question.
10:07 p.m. Following electronic vote tallying,the Moderator declared the vote to Call the
Question Adopted on a vote of:
Yes No Abstain
138 15 7
10:08 P.M. Mr.Reamer made summary remarks.
10:14 p.m. Following electronic vote tallying,the Moderator declared Article 5 Adopted on a
vote of:
Yes No Abstain Approved by Attorney General
150 6 5 MI.a Healey June 11,2 02 1;
Posted June 14,2021.
10:14 p.m. Presented by Lily Yan,Pct. 5.
ARTICLE 4: DECLARE CLIMATE EMERGENCY(Citizen Petition)
MOTION:That the Town adopt the following resolution
WHEREAS,in April 2016 world leaders from 175 countries recognized the threat of climate change
and the urgent need to combat it by signing the Paris Agreement,agreeing to keep warming"well
below 2°C above pre-industrial levels"and to"pursue efforts to limit the temperature increase to
1.5°C",
WHEREAS,the destruction already brought by a global warming of approximately 1°C,including
increased and intensifying wildfires,floods,rising seas,droughts,and extreme weather highlights how
the Earth is already too hot for safety and justice;
WHEREAS,the industrialized countries have disproportionately contributed to the climate and
ecological crises and thus bear a responsibility to rapidly work toward a resolution of these existential
threats;
WHEREAS,restoring a safe and stable climate requires a mobilization effort on a scale not seen
since World War II to reach zero greenhouse gas emissions across all sectors in order to rapidly
and safely decrease or remove all the excess carbon from the atmosphere,and to implement
measures to protect all people and species from the consequences of abrupt climate change;
Adjourned Session of the October 21,2020 Special Town Meering#2 and#3,con't...
WHEREAS,addressing climate change fairly requires a transition from fossil fuels to clean,
renewable energy that is ecologically sustainable and equitable for all people,especially those most
impacted by climate change already and those who will be most impacted in the future;
WHEREAS,building a society that is resilient to the current,expected,and potential effects of
climate change will protect health,lives,ecosystems,and economies,and such resilience efforts
will have the greatest positive impact if the most dramatic potential consequences of climate
change are taken into account;
WHEREAS,the Town of Lexington has demonstrated a commitment to making Lexington a
greener,more sustainable and resilient Town by:
a) (2007)building the Samuel Hadley Public Service Building,the Town's first LEED silver
certified building,designed and built to specific environmental standards;
b) (2007)approving the Town of Lexington Energy Guidelines to establish common environmental
parameters for public buildings;
c) (2010)creating the Sustainable Lexington Committee;
d) (2010)adopting the state's optional`Stretch'Energy Code to call for improved building energy
efficiency;
e) (2010)becoming one of the first towns in Massachusetts to be designated a Green Community;
f) (2013)adopting a Climate Change Resolution to consider climate change in all appropriate
decisions;
g) (2016)signing the Global Covenant of Mayors for Climate and Energy;
h) (2016)approving the Community Choice Aggregation program to move the Town's electricity to
100%renewable energy;
i) (2017)joining the U.S.Compact of Mayors;
j) (2018)adopting the Lexington Sustainable Action plan to provide a structured approach to
identify,prioritize,and implement Town sustainability initiatives;
k) (2017)installing 6 acres of solar panels at the Hartwell Ave. site;
1) (2018)banning the usage of thin-film single-use plastic bags from all retail or grocery stores;
m) (2019)approving the hiring of a Sustainability Director to coordinate and implement the Town's
Sustainable Action Plan and advance sustainability objectives;
n) (2019)constructing the Town's first net zero energy school,Lexington Children's Place,
o) (2019)adopting an integrated building design&construction policy for all school and municipal
buildings to maximize sustainability objectives and onsite energy production;and
p) (2019)executing a power purchase agreement with a private contractor for low-cost,long-term
solar production;
q) (2019)banning the use of petroleum-based straws,stirrers,and expanded polystyrene single-use
food ware from all food establishments and public buildings.
WHEREAS,the Town of Lexington is currently undertaking ambitious capital projects that
include significant investment in green infrastructure and sustainable building design;
WHEREAS,the Town of Lexington acknowledges that residents of Lexington call for rapid
reduction in greenhouse emissions and greater investment in renewable energy,sustainable
infrastructure,and clean transportation;and
WHEREAS, the Town of Lexington can act as a global leader by converting to an ecologically,
socially,and economically regenerative economy as expediently as possible;
NOW,THEREFORE,BE IT RESOLVED,the Town of Lexington declares that a climate
emergency threatens our town,region,state,nation,civilization,humanity and the natural world;
BE IT FURTHER RESOLVED,the Town of Lexington commits to a town-wide climate
emergency mobilization effort to combat global warming,which,with appropriate financial and
regulatory assistance from State and Federal authorities,would further the goal of ending town-wide
greenhouse gas emissions as quickly as possible and no later than 2035;
BE IT FURTHER RESOLVED,the Town of Lexington commits to educating our residents about
the climate emergency;
BE IT FURTHER RESOLVED,the Town of Lexington underscores the need for full community
participation,inclusion,and support,and recognizes that the residents of Lexington,community
organizations,academic institutions,faith,youth,labor,business and homeowners associations and
Adjourned Session of the October 21,2020 Special Town Meering#2 and#3,con't...
groups,as well as groups focused on environmental,food and economic issues will be integral to
and in the leadership of the mobilization effort;
BE IT FURTHER RESOLVED,the Town of Lexington joins a nation-wide call for a regional
collaborative effort focused on transforming our region and rapidly catalyzing a mobilization at all
levels of government to restore a safe climate;and
BE IT FURTHER RESOLVED,the Town of Lexington calls on the Commonwealth of
Massachusetts,the United States of America,and peoples worldwide to initiate a mobilization effort
to reverse global warming by restoring near pre-industrial global average temperatures and
greenhouse gas concentrations,by immediately halting the development of all new fossil-fuel
infrastructure,and as quickly as possible phasing out all fossil fuels and the technologies which rely
upon them,ending other greenhouse gas emissions,and initiating an effort to safely draw down
carbon from the atmosphere.
10:15 p.m. Kaveesh Pathak,46 Hancock Street,presented the video for the Resolution.He noted
the number of citizen groups that supported the resolution,with over 100 signatories signing the
Citizen Petition.
10:19 P.M. Mark Sandeen,member, Select Board,reported the unanimous support of the Board.
10:21 p.m. Robert Creech,Chair,reported the unanimous support of the Planning Board.
10:21 p.m. Philip Hamilton,Chair,reported the unanimous support of the Conservation
Commission.
10:21 p.m. Avram Baskin,Pct.2,questioned whether the Resolution put the Town on a more
definite path than otherwise set forth in existing bylaws and initiatives.Mr.Pathak and Cynthia Arens
of the Sustainable Lexington Committee responded.
10:26 p.m. Steven Kaufman,Pct. 5,called the question.
10:28 p.m. Following electronic vote tallying,the Moderator declared the vote to Call the
Question Adopted on a vote of:
Yes No Abstain
123 24 9
10:29 p.m. Mr.Pathak made summary comments.
10:33 p.m. Following electronic vote tallying,the Moderator declared Article 4 Adopted on a
vote of:
Yes No Abstain
156 1 1
10:34 p.m. Douglas Lucente,Chair, Select Board,moved to adjourn Special Town Meeting#2
until Monday,November 9ffi,at 7:30 p.m.Motion Adopted.
A true copy.
Attest:
Nathalie L.Rice,Town Clerk
November 9,2020 Adjourned Session of 2020 Special Town Meeting#2,2020-2
Moderator Deborah Brown called the fourth session of 2020 Special Town Meeting#2 to order at
7:32 p.m.,Monday,November 9,2020.The meeting was held remotely due to the COVID-19
pandemic. Electronic voting was conducted via a fully participatory virtual Town Meeting platform
and results were reported as usual on the Town's website;a quorum in excess of 100 members was
present.
7:33 p.m. As the first order of business,the Moderator called a recess.
7:33 p.m. She then called Special Town Meeting#3 back to order to address the remaining
financial articles that were not taken up on Monday,October 10. (This was the second session of
Special Town Meeting#3.)
Adjourned Session of the November 9,2020 Special Town Meering#2 and#3,con't...
November 9,2020 Adjourned Session of 2020 Special Town Meeting 03,2020-3
7:33 p.m. The Moderator called Special Town Meeting#3 to order and welcomed Town
Meeting Members and attendees. She explained the meeting was to be held remotely due to the
COVID-19 pandemic.Electronic voting was conducted via a fully participatory virtual Town
Meeting platform and results were reported as usual on the Town's website;a quorum in excess of
100 members was present. She declared the Meeting open under Article 1.
ARTICLE 1:REPORTS OF TOWN BOARDS,OFFICERS AND COMMITTEES
7:44 p.m. Charles Lamb,Chair,Capital Expenditures Committee,moved that the Reports of the
Committee be accepted and placed on file.Motion Adopted. (See acceptance of Appropriation
Report at 7:54 p.m.)
7:44 p.m. Marilyn Fenollosa,Chair,Community Preservation Committee,moved that the Report
of the Committee be accepted and placed on file.Motion Adopted.
7:45 p.m. The Moderator called the Meeting open under Article 7.
7:45 p.m. Presented by Marilyn Fenollosa,Chair,Community Preservation Committee.
ARTICLE 7: LAND ACQUISITION(39 Highland Avenue)
MOTION: That(a)the Select Board or the Conservation Commission be authorized to purchase,
take by eminent domain or otherwise acquire for conservation purposes, including passive
recreation as provided by M.G.L. c. 40, Section 8C, to be managed and controlled by the
Conservation Commission of Lexington, any fee, easement, or conservation restriction as
defined in M.G.L.c. 184, §31, or other interest in all or any part of land known as Lot 233 on
Assessors' Property Map 40, and further identified as Parcel#1,containing 4.48 acres,more
or less,as shown on plan entitled"Conceptual Layout"prepared by GCG Associates,Inc.dated
10/1/2018,on such terms and conditions as the Select Board may determine,and to conduct all
necessary site surveys and environmental assessments and to incur legal and closing costs in
connection therewith;and that$3,560,000 be appropriated for such land acquisition and related
costs;and that to raise such amount, $880,000_be appropriated from the Open Space Reserve
of the Community Preservation Fund and$1,680,000 be appropriated from the Undesignated
Fund Balance of the Community Preservation Fund,and that the Treasurer,with the approval
of the Board of Selectmen, be authorized to borrow $1,000,000 under M.G.L. Chapter 44,
Section 7 or pursuant to any other enabling authority;and by applying and receiving funding
under the Commonwealth's Local Acquisitions of Natural Diversity (LAND) Grant Program
under M.G.L. c. 132, Section 11;and that the Select Board and Conservation Commission be
authorized to enter into any contracts and agreements related to the application or the award of
any such funds. Any premium received by the Town upon the sale of any bonds or notes
approved by this vote,less the cost of preparing,issuing and marketing them,and any accrued
interest received upon the delivery of such bonds or notes,may be applied to the payment of
project costs approved by this vote,in accordance with M.G.L.Chapter 44,Section 20,thereby
reducing the amount authorized to be borrowed to pay such costs by a like amount.
7:45 p.m. Ms.Fenollosa introduced Philip Hamilton,Chair of the Conservation Commission,
and reported the unanimous support of the Community Preservation Committee for Article 7.
7:46 p.m. Mr.Hamilton presented the video,in which he described the property on 39 Highland
Avenue proposed for purchased.The property is 4.48 acres and abuts the Upper Vinebrook
Conservation Area,with trail connections to Cotton Farm,valuable wetlands and an important
wildlife corridor.He stated that two appraisals had been completed and that the Town had negotiated
a price lower than market price due to the owner's desire to keep the property in its natural state.
7:51 p.m. Douglas Lucente,Chair, Select Board,gave a brief presentation and reported the
unanimous support of the Board.He explained why the entire parcel was not considered for purchase
for affordable housing,stating that the lot's wetlands and slope made housing costs prohibitive.
7:53 p.m. Jill Hai,member,Select Board,declared a potential conflict of interest,since her
property was a quarter of a mile away from the proposed purchase. She stated she had filed a conflict
of interest form with the Town Clerk and had consulted with the State Ethics Commission,which
stated that since there was no financial impact to her property,there was no conflict of interest.
7:54 p.m. Charles Lamb,Chair,Capital Expenditures Committee,reported the unanimous
support of the Committee(6-0).
Adjourned Session of the November 9,2020 Special Town Meering#2 and#3,con't...
7:54 p.m. Glenn Parker,Chair,Appropriation Committee moved that the Addendum to the
Appropriation Report to STM#2 and#3(Under Article 1)be received and placed on file.Motion
Adopted.
7:54 p.m. Mr.Parker reported the unanimous approval of the Appropriation Committee(7-0).
This vote was published in the Committee's Supplemental Report as(5-0),but Mr.Parker stated that
he had since continued that the Committee was unanimous.
7:54 p.m. Mr.Lamb,Chair,Capital Expenditures Committee,made note of the Committee's
previously accepted Reports.
7:55 p.m. Robert Creech,Chair,Planning Board,reported the unanimous support of the Board.
7:56 p.m. Philip Hamilton,Chair,Conservation Commission,reported the unanimous support of
the Commission.
7:56 p.m. Cynthia Arens,member, Sustainable Lexington Committee and Keith Ohmart,Chair
Greenway Corridor Committee,encouraged Town Meeting to support Article 7.
7:58 p.m. Thomas Shiple,Pct.9,spoke against the purchase,stating that the trail connections
were not critical,and that the property and associated CPA funds could be better used for an
affordable housing/mixed use purpose.
8:03 p.m. Several citizens spoke in favor,including Amy Garbis,7 Ballard Terrace,Toby
Caplin,77 Spring Street and Lisbeth Bornhofft, 87 Cedar Street.
8:06 p.m. Avram Baskin,Pct.2,stated that he had originally planned not to support Article 7
due to upcoming expenses such as the High School Renovation/Reconstruction and Police Station
Renovation,but had changed his vote in response to many emails from constituents urging support of
the acquisition.
8:09 P.M. Robert Cohen,Pct.4,asked the Town Manager how much tax revenue would be lost
if the parcel were purchased.Mr.Malloy responded that approximately$130,000 annually would be
lost.
8:22 p.m. Thomas Griffiths,Pct.4,called the question.
8:27 p.m. Following electronic vote tallying,the Moderator declared the vote to Call the
Question Adopted on a vote of:
Yes No Abstain
157 9 7
8:28 p.m. Ms.Fenollosa declined summary comments.
8:34 p.m. Following electronic vote tallying,the Moderator declared Article 7 Adopted by the
necessary two-thirds on a vote of:
Yes No Abstain
163 9 4
8:35 p.m. Mr.Lucente moved to dissolve Special Town Meeting#3.Motion Adopted.The
Moderator declared Special Town Meeting#3 dissolved,with all articles having been addressed.
A true copy.
Attest:
Nathalie L.Rice,Town Clerk
November 9,2020 Adjourned Session of 2020 Special Town Meeting#2,2020-2(con't)
Moderator Deborah Brown called Special Town Meeting#2 back to order,and declared the Meeting
open under Article 6.
8:35 p.m. Presented by Matthew Daggett,Pct.2.
ARTICLE 6: AUTHORIZE SPECIAL LEGISLATION-DEVELOPMENT SURCHARGE
FOR COMMUNITY HOUSING(Citizen Petition)
MOTION: That the Select Board be authorized to petition the Massachusetts General Court to enact
legislation to establish a surcharge on specific residential development activities for the
purpose of funding the creation of community housing that offsets the impact of said
development activities in substantially the form below, and further to authorize the
Select Board to approve amendments to said act before its enactment by the General
Court that are within the scope of the general objectives of this motion.
Adjourned Session of the November 9,2020 Special Town Meering#2 and#3,con't...
Be it enacted by the Senate and House of Representative in General Court assembled,
and by the authority of the same as follows:
SECTION 1: In order to mitigate the loss of moderate-income housing by the demand for buildable
parcels of land,a residential linkage fee,hereafter referred to as"the community
housing surcharge"or"the surcharge," shall be added by the Town of Lexington to all
new single-and two-family residential construction building permits issued by said
town on parcels where an existing single-or two-family dwelling has been demolished
to create a single buildable lot or multiple buildable lots.
SECTION 2: The Select Board of the Town of Lexington shall determine the amount of the
community housing surcharge,which shall be applied on a dollars-per-square-foot
basis on the certified total gross floor area of the structure or structures permitted by
an applicable building permit.The surcharge shall apply only to single-family
structures larger than 2,100 square feet gross floor area and to two-family structures
larger than 4,200 square feet gross floor area.The Select Board shall adjust the rate of
the community housing surcharge for inflation annually.
SECTION 3: The Town Manager of the Town of Lexington or their designee shall prepare a study
every five years to determine the suitability,effect,and amount of the surcharge,and
recommend to the Select Board any possible changes necessary to address changing
demand for community housing.The Town Manager or their designee shall also
prepare and issue an annual report that identifies surcharge receipts;quantifies the
attributes of community housing projects funded by the community housing surcharge
and evaluates the impact of said housing projects.
SECTION 4: The Select Board of the Town of Lexington may adopt additional requirements,
exemptions,and regulations to implement or enforce said community housing
surcharge,consistent with this act.
SECTION 5. The building commissioner of the Town of Lexington shall not issue a certificate of
occupancy for a building subject to this act before the community housing surcharge
required by this act is paid;provided that an applicant for a building permit for a
building in which said applicant intends to reside may opt to have the amount of said
surcharge added to the property taxes due on said property in lieu of paying the
surcharge in advance. If the applicant opts to have the surcharge added to the property
taxes in such manner,the applicant shall not be required to pay said surcharge until the
property is sold to another person;provided further that no interest shall accrue on the
amount of the surcharge,and that the amount of the surcharge charge shall be abated
by 20%per year from the date of the certificate of occupancy such that the amount of
the surcharge will be$0 as of the date that is five years from the date the certificate of
occupancy is issued.
SECTION 6: All surcharges received pursuant to this act shall be deposited into the Town of
Lexington Affordable Housing Capital Stabilization Fund.
SECTION 7: For the purposes of this act, "community housing" shall mean as defined under section
2 of chapter 44B of the General Laws.
SECTION 8: This act shall take effect upon its passage.
8:35 p.m. Mr.Daggett presented a detailed video which highlighted the loss of smaller,
affordable houses in Lexington and proposed a surcharge on building permits to be applied on a
square-foot basis.The surcharge would only apply to homes larger than 2,100 square feet and to two-
family structures greater than 4,200 square feet.He stated that Boston,Cambridge and Concord had
such bylaws.
8:55 p.m. Jill Hai,member,Select Board,reported the support of the Board in a vote of(4-1).
8:56 p.m. Robert Creech,Chair,Planning Board,reported the support of the Board(4-1).
8:58 p.m. Glenn Parker,Chair,Appropriation Committee,reported unanimous support of the
Committee.
9:03 p.m. Members questioned Mr.Daggett on the specifics of the proposed bylaw relative to
teardowns,Lexington's housing supply,and the possibility that the surcharge could lead to increased
housing prices.
Adjourned Session of the November 9,2020 Special Town Meering#2 and#3,con't...
9:07 p.m. Mark Andersen,Pct. 6,commended Mr.Daggett on his thorough presentation,and
stated his concerns over targeting a specific group of residents to pay this tax.He also noted that the
tax did not appear to be equitably determined if only the Select Board had authority to set the rate.
9:13 p.m. Edward Feinman,9 Linmoor Terrace,stated his belief that the proposal had not
received sufficient public input.He expressed concerns that the bylaw amendment had only been on
the Planning Board's agenda on two occasions,and needed wider notification.Daniel Stone,26
Flintlock Road,echoed this sentiment,stating that there was a lack of community input in the
development of the bylaw amendment.
9:28 p.m. Wendy Reasenberg,Pct. 8,moved to amend Article 6 by removing a phrase in
Section 5.
AMENDMENT TO ARTICLE 6,SECTION 5:(Reasenberg)
SECTION 5. The building commissioner of the Town of Lexington shall not issue a certificate of
occupancy for a building subject to this act before the community housing surcharge required by this
act is paid;provided that an applicant for a building permit for a building in which said applicant
intends to reside may opt to have the amount of said surcharge added to the property taxes due on
said property in lieu of paying the surcharge in advance. If the applicant opts to have the surcharge
added to the property taxes in such manner,the applicant shall not be required to pay said surcharge
until the property is sold to another person;
0
Rf
9:28 p.m. Ms.Reasenberg stated her opinion that there should not be preferential treatment in
the payment of the surcharge.
9:31 p.m. Mr.Daggett voiced opposition to the amendment.
9:33 p.m. Ms.Hai stated the Select Board's unanimous opposition to the amendment.
9:34 p.m. Mr.Creech stated the Planning Board had not yet had the opportunity to discuss the
amendment.
9:34 p.m. The Moderator called a recess so that the Boards could caucus.
9:37 p.m. Mr. Creech reported the vote of the Planning Board,(1-4),in opposition.
9:37 p.m. Mr.Parker reported lack of support for the amendment in a(0-7)vote.
9:40 p.m. Ingrid Klimoff,Pct.2,spoke in support of the amendment.
9:41 p.m. Members discussed issues of fairness and process;some found the amendment
confusing.
9:52 p.m. The Moderator called for the vote,the time for debate having elapsed.Ms.Reasenberg
made summary comments.
9:55 p.m. Following electronic vote tallying,the Moderator declared the Reasenberg
Amendment to Article 6 NOT ADOPTED on a vote of:
Yes No Abstain
19 145 4
9:57 p.m. Debate resumed,with members questioning the role of LexHAB,timeframe for
Legislative approval,likelihood of passage,and the possibility that the amendment would help stem
systemic racism.There were also questions about rate setting,which Town Counsel Mina Mikarious
addressed.
10:11 P.M. Delanot Bastien,Pct.3,spoke in support of Article 6.
10:12 p.m. Ingrid Klimoff,Pct.2,moved to amend Article 6, Sections 1 and 8.
AMENDMENT TO ARTICLE 6,SECTIONS 1 and 8: (Khmoff)
SECTION 1: In order to mitigate the loss of moderate-income housing by the demand for buildable
parcels of land,a residential linkage fee,hereafter referred to as"the community
housing surcharge"or"the surcharge," shall be added by the Town of Lexington to all
new single-and two-family residential construction building permits issued by said
town
SECTION 8: ADD:Acceptance of this act by the Town of Lexington shall be first by vote of
approval at an annual Town Meeting,to be followed by an affirmative vote of a
Adjourned Session of the November 9,2020 Special Town Meering#2 and#3,con't...
majority of the voters at any regular or special election at which the question of
acceptance is placed on the ballot.
10:13 p.m. Ms.Klimoff explained her amendment,stating that it would allow greater revenue for
affordable housing,since it would apply to all development.
10:18 P.M. The Moderator called a recess to enable the relevant boards to consider the
amendment. She took the opportunity to review the deadlines for acceptance of future amendments.
10:30 p.m. The Moderator called the meeting back to order.
10:30 p.m. Mr.Daggett,Citizen Sponsor,stated that Ms.Klimoff's amendment greatly increased
the scope of the Article and that the amendment had not gone through a financial assessment,nor had
the housing availability created by it been quantified.He said the amendment to Section 8 regarding
putting the vote out for a referendum was language that came from the Town of Concord,which has
an open Town Meeting.
10:32 p.m. Jill Hai,member,Select Board,reported the opposition of the Board(4-0-1),one
member abstaining.
10:32 p.m. Robert Creech,Chair,Planning Board,reported the opposition of the Board(2-3).
10:32 p.m. Glenn Parker,Chair,Appropriation Committee,reported opposition(0-7).
10:35 p.m. Mina Makarious,Town Counsel,explained that if the Legislature passed the Article
with the current amendment,it would then come back to Town Meeting,and thereafter be put on the
Election Warrant,most likely in March of 2022.
10:37 p.m. John Zhao,Pct. 5,asked if this would apply to affordable units such as at Vynebrook
Village.
10:38 p.m. Ms.Klimoff said she thought it would.
10:42 p.m. John Rossi,Pct. 1,warned of unintended consequences.
10:45 p.m. Andrei Radulescue-Banu,Pct. 8,suggested that the word,"annual'be removed from
the amendment to Section 8.The word annual was struck as a friendly amendment.
10:55 p.m. With the time for discussion of the amendment elapsed,the Moderator called for the
vote. She explained that the two sections,would be voted separately.
10:55 p.m. Ms.Klimoff made brief summary comments.
10:55 p.m. Following electronic vote tallying,the Moderator declared the Klimoff Amendment
to SECTION 1 of Article 6 NOT ADOPTED on a vote of:
Yes No Abstain
26 130 6
10:55 p.m. Following electronic vote tallying,the Moderator declared the Klimoff Amendment
to SECTION 8 of Article 6 NOT ADOPTED on a vote of:
Yes No Abstain
34 127 4
11:03 p.m. The Moderator resumed debate on the main motion.
11:03 p.m. Taylor Singh,Pct.6,spoke in support of the main motion,noting the careful work
done by Mr.Daggett in preparation.
11:07 p.m. Eric Michelson,Pct. 1,moved the question.
11:09 P.M. Following electronic vote tallying,the Moderator declared the vote to Call the
Question Adopted on a vote of:
Yes No Abstain
135 19 9
11:09 P.M. Mr.Daggett made brief summary remarks.
11:09 P.M. The Moderator called for the vote.
11:12 p.m. Following electronic vote tallying,the Moderator declared Article 6 Adopted by
more than the necessary two-thirds on a vote of:
Yes No Abstain
138 21 4
Adjourned Session of the November 9,2020 Special Town Meering#2 and#3,con't...
11:15 p.m. Douglas Lucente,Chair, Select Board moved to adjourn Special Town Meeting#2
until Thursday,November 12th,at 7:30 p.m.Motion Adopted.
A true copy.
Attest:
Nathalie L.Rice,Town Clerk
November 12,2020 Adjourned Session of 2020 Special Town Meeting#2,2020-2
Moderator Deborah Brown called the fifth session of 2020 Special Town Meeting#2 to order at
7:36 p.m.,Thursday,November 12,2020,the meeting held remotely due to the COVID-19
pandemic. Electronic voting was conducted via a fully participatory virtual Town Meeting platform
and results were reported as usual on the Town's website;a quorum in excess of 100 members was
present.
7:35 p.m. The Moderator welcomed visitors and explained parliamentary procedures;attendance
was taken.
7:38 p.m. The Moderator declared the Meeting open under Article 16.
7:38 p.m. Presented by Ingrid Klimoff,Pct.2.
ARTICLE 16:AMEND ZONING BYLAW AND MAP-HARTWELL AVENUE AREA
(Citizen Petition)
MOTION:That the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington be amended,
effective February 1,2021,as follows(n*^��text is to be removed and underlined text is to
be added),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:
1. Amend§ 135-4.0 Table 2, Schedule of Dimensional Controls,column CM,as follows:
Table 2
CM
Minimum lot area 3 AC;
20,000 SF(fl
Minimum lot frontage in feet 240-50
Minimum front yard in feet(a),(b)-,fh) SNR
Minimum side yard in feet 2--!;--15(f)
Minimum rear yard in feet 2--!;--15(f)
Minimum side and rear yard adjacent to,or front yard across the street from a 440-50(1)
residential district in feet
Maximum nonresidential floor area ratio(FAR) 84 }NR
Maximum site coverage NR
Public and institutional buildings,maximum height:
In stories: NR
In feet: 45-115(t)lei
Other buildings,maximum height:
In stories: NR
In feet: �115(f)lei
2. Replace§ 135-4.0 Table 2, Schedule of Dimensional Controls,footnote(h),with the
following:
h. See§ 7.4.1.
3. Add a new§ 135-7.4 as follows:
7.4 CM District.
In addition to other standards set forth in this bylaw,the following standards shall apply to
development in the CM district.
7.4.1 Height Limits.
1. Height near streets.The difference between the upper elevation of each segment of a
building or structure and the centerline grade of any street or bikeway shall be no
greater than the distance from that segment to the centerline of a street multiplied by
Adjourned Session of the November 12,2020 Special Town Meering#2 and#3,con't...
2. 1.0 or to the centerline of a bikeway multiplied by 2.0.
7.4.2 Outdoor Amenities.
1. At least 15%of the developable site area of each lot shall be devoted to outdoor
amenities,including but not limited to courtyards,street-side or rooftop terraces,
plazas,or passageways for pedestrians or bicycles.
2. Outdoor amenities may be directed at the general public;directed at residents,
businesses and patrons,but open to the public;or private to a specific user.
3. For the purpose of this section,multiple lots may be considered as a single lot where a
binding agreement provides for shared use and maintenance of the amenities.
4. The Planning Board may adopt design standards for outdoor amenities through
regulations.
7.4.3 Bedford Street Front Yard.
Along the southwesterly side of Bedford Street there shall be a front yard of 70 feet measured
from the base line of Bedford Street as shown on the Commonwealth of Massachusetts layout
4689,dated June 3, 1958,and shown as auxiliary base line"F on the State Highway
Alteration layout 5016,dated August 30, 1960.
7.4.4 Sustainable Design.The provisions below are intended to encourage construction of
sustainable buildings.Each of these provisions applies only if permitted by MGL c.40A§3
and other State law:
1. Buildings which are not designed to meet the requirements to demonstrate
certifiability at the Silver level using the LEED v4 for Building Design and
Construction: Core and Shell checklist,as outlined by the United States Green
Building Council,are limited to 65 feet in height.
2. Buildings utilizing on-site combustion for HVAC system operation are limited to six
stories.
3. The Planning Board in its regulations may establish additional standards for site plan
review under§9.5 incorporating sustainability principles that result in a plan that is
responsive to the environment and actively contributes to the development of a more
sustainable community.
7.4.5 Special Permit.
The SPCA may grant a special permit modifying the requirements of§ 7.4.
4. Amend the Zoning Map to rezone lots 69,70A,and 81 on assessor's map 84 into the CM
District.
5. Amend the Zoning Map to rezone lot 11 on assessor's map 73 into the CM District,lots l0A
and 12 on assessor's map 73 into the GC District,and remove any remaining references to the
CD-3 District from the Zoning Bylaw and Map.
6. Amend the Zoning Map to rezone lot 7 on assessor's map 85 into the GC District.
7. Amend the Zoning Map to rezone the portions of lots 41F and 41G on assessor's map 84
currently in the CRO District into the CM District.
8. Amend the Zoning Map to rezone the portion currently in the CRO District of the entire
property shown on a plan recorded with the Middlesex South District Registry of Deeds as
Plan 400 of 1984,a portion of which is registered land,into the CM District.
9. Amend the Zoning Map to rezone lots 55A,56,57,58,59,60A,61,62A,63A,65,66,67,
and 68 on assessor's map 84 and the rights of way of Garwood Avenue and Maywood Street
into the GC District.
7:38 p.m. Mr.Hornig, 18 Bacon Street,Citizen Sponsor,gave a video presentation of zoning
changes proposed for Hartwell Avenue,including those to height,side yard and front yard setbacks.
Mr.Hornig explained that there was no residential housing covered in the amendment,and noted that
one third of the properties would likely be redeveloped in the next ten years.Most properties on
Hartwell Avenue were built between 1960 and 1985.
7:59 p.m. Robert Creech,Chair,Planning Board,reported the approval of the Board(3-2).He
asked that the Report of the Planning Board on Article 16 be received and placed on file.Motion
Adopted.
8:00 P.M. Suzanne Barry,member, Select Board,reported the support of the Board(5-0),
highlighting the Board's desire to relieve the residential tax burden in order to help fund municipal
buildings such as the Police Station and High School. She said that Lexington is an attractive location
for life science industries,and introduced the term,"Hartwell Innovation Park".
Adjourned Session of the November 12,2020 Special Town Meering#2 and#3,con't...
8:04 p.m. Town Manager,James Malloy,followed up on Ms.Barry's comments,stating that the
proposed amendment was not in conflict with the existing area and that it dovetailed with current
Hartwell renovation efforts.He stated it was important to maximize the revenue potential of the area,
citing the importance of"revenue enhancement".He urged action"sooner rather than later".
8:10 P.M. John McWeeney,Chair,Economic Development Advisory Committee,submitted a
statement regarding Articles 16(and 17 and 18)in which he urged approval of all three articles.He
stated that Lexington faced an upcoming severe drop in commercial revenue due to many obsolete
buildings and outdated work spaces.He urged a positive vote on these articles so Lexington could
remain competitive with its neighboring communities who are attracting life science industries.
8:11 P.M. Cynthia Arens,Pct.3,member, Sustainable Lexington Committee,stated that the
Committee had not seen the most recent version of Article 16,but had voted previously on Article 16
in support(7-0-2)on two conditions.The conditions related to HVAC and the consideration of
additional sustainability measures in new buildings.
8:16 p.m. David Kaufman,Pct.3,spoke in support.
8:17 p.m. Leonard Morse Fortier,Pct.7,spoke against the Article,stating that neighborhood and
traffic concerns had not been taken into account.As a resident of the area,he referred to existing
traffic hazards and urged Town Meeting to let the proper public input process"play out".
8:26 p.m. Ajay Joseph,Pct.2,questioned Mr.Hornig about traffic impacts,stating that as a
former employee on Hartwell Avenue,he was sensitive to the need for proper traffic planning.Mr.
Hornig stated that traffic planning would be done in concert with the redevelopment process.
8:39 p.m. Richard Canale,member,Planning Board,moved to Refer Article 16 back the
Planning Board,stating that Article 16 allowed"by-right trickle down zoning"where the original
vision had been for a special permit process.He stated that on December 1,2020,the Planning staff
would be submitting a vision statement for the area,and urged Town Meeting to postpone a vote until
the document had been issued.
AMENDMENT TO ARTICLE 16:
To Refer Article 16 back to the Planning Board
8:44 p.m. Mr. Creech stated that the Board had voted in favor of Article 16 and was not in favor
of a referral back to the Board.
8:45 p.m. Ms.Barry reported the unanimous opposition of the Select Board to refer back to the
Planning Board.
8:49 p.m. Michael Bonder,Pct.4,questioned why the Planning Board had not sponsored Article
16.Mr. Creech responded that Mr.Hornig had taken the matter on,and that he had been working on
the issue for many years.
8:54 p.m. George Burnell,Pct.7,member,Economic Development Committee,stated that Mr.
Hornig had 15 years of work invested in commercial development issues on Hartwell Avenue.He
urged a no vote for referral back to the Planning Board.
9:04 p.m. Steven Kaufman,Pct. 5,called the question.
9:10 P.M. Following electronic vote tallying,the Moderator declared the motion to Call the
Question Adopted on a vote of:
Yes No Abstain
134 30 7
9:15 p.m. Mr. Canale made summary remarks and urged members to wait until December 1st for
staff to produce their report on Hartwell Avenue.
9:21 p.m. Following electronic vote tallying,the Moderator declared the motion to Refer
Article 16 Back to the Planninu Board NOT Adopted on a vote of:
Yes No Abstain
32 134 4
9:25 p.m. The Moderator resumed discussion on the main motion.
9:29 p.m. Brian Heffernan,Pct. 1,asked to hear the Planning Board minority opinions.
9:31 p.m. Jinna Johnson,member,spoke in response,stating that she opposed the proposal in the
spring of 2020,and that the Select Board and Planning Board had agreed at that time that full public
input would be important. She said that process had begun,but that there had been no engagement
with neighbors and no modeling for development impacts.
9:39 p.m. Avram Baskin,Pct.2,stated that he would be voting no on Article 16 due to his
concerns that there were different interpretations from the Planning Board and too many unanswered
Adjourned Session of the November 12,2020 Special Town Meering#2 and#3,con't...
questions.He stated that public outreach had not been sufficient to inform residents of the proposed
redevelopment plan.
9:43 p.m. Al Levine,Pct. 8,questioned whether the Planning Board had any power of site plan
review if a developer complied with all zoning requirements.Amanda Loomis,Planning Director
responded.Mr.Levine said he would be voting no on the Article,due to his belief that more public
input was needed.
9:48 p.m. Steve Kaufman,Pct.5,called the question.
9:50 p.m. Following electronic vote tallying,the Moderator declared the motion to Call the
Question Adopted on a vote of:
Yes No Abstain
114 46 10
9:52 p.m. Mr.Hornig made summary comments;he thanked those that had helped on the Article
preparation over the last three years,and stated that it was time to address zoning issues on Hartwell
Avenue.
9:56 p.m. Following electronic vote tallying,the Moderator declared Article 16 Adopted by the
necessary two-thirds on a vote of:
Yes No Abstain Approved by Attorney General
137 33 2 Maura Healey March 17,2021;
Posted March 22,2021.
9:58 p.m. The Moderator declared the Meeting open under Article 18.
9:58 p.m. Mr.Lucente moved to take up Article 18.Motion Adopted.
9:59 p.m. Presented by Ingrid Klimoff,Pct.2.
ARTICLE 18:AMEND ZONING BYLAW—FRONT YARD,TRANISTION,AND
SCREENING(Citizen Petition)
MOTION: That the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington,be amended
as follows,(str-aek�hetig text is to be removed and underlined text is to be added),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:
1. Amend§ 135-4.0 Table 2,Dimensional Standards,to read"Minimum side and rear yard
adjacent to, a residential district in feet".
2. Amend§ 135-5.3.4 to read:
5.3.4 Transition Areas.Where a lot abuts a different zoning district is-acres-A ssff
a landscaped transition and screening area shall be
provided and shall be located adjacent to the lot line as set forth in the table in§5.3.5,
consistent with the following:
3. Delete§ 135-5.3.4.3.
4. Amend the table in§ 135-5.3.5 by removing the"Street Line"column.
5. Delete§ 135-5.3.14.
and further that Town Meeting request that the Planning Board develop uniform landscaping
standards for each zoning district for areas along streets for presentation to a future Town Meeting.
9:59 p.m. Charles Hornig, 18 Bacon Street,Citizen Sponsor,narrated a video presentation for
Article 18,stating that the purpose of the Article was to increase uniformity in the Zoning Bylaw.
10:04 p.m. Robert Creech,Chair,Planning Board,reported the unanimous support of the Board.
He moved that the Report of the Planning Board on Article 18 be received and placed on file.Motion
Adopted.
10:05 p.m. Mr.Lucente,Chair, Select Board,reported the unanimous support of the Board.
10:05 p.m. John Rossi,Pct. 1,posed a question related to future ownership changes on properties.
Mr.Hornig responded.
10:08 P.M. Following electronic vote tallying,the Moderator declared Article 18 Adopted by the
necessary two-thirds on a vote of:
Adjourned Session of the November 12,2020 Special Town Meering#2 and#3,con't...
Approved by Attorney General
Yes I No Abstain Maura Healey March 17,2021;
151 1 6 8 Posted March 22,2021.
10:13 p.m. Douglas Lucente,Chair, Select Board moved to adjourn Special Town Meeting#2
until Wednesday,November 18th,at 7:30 p.m.Motion Adopted.
A true copy.
Attest:
Nathalie L.Rice,Town Clerk
November 18,2020 Adjourned Session of 2020 Special Town Meeting#2,2020-2
Moderator Deborah Brown called the sixth session of 2020 Special Town Meeting#2 to order at
7:33 p.m.,Wednesday,November 18,2020,the meeting held remotely due to the COVID-19
pandemic. Electronic voting was conducted via a fully participatory virtual Town Meeting platform
and results were reported as usual on the Town's website;a quorum in excess of 100 members was
present.
7:35 p.m. The Moderator welcomed visitors and explained parliamentary procedures;attendance
was taken.
7:38 p.m. The Moderator declared the Meeting open under Article 10.
7:39 p.m. Presented by Robert Creech,Chair,Planning Board.
ARTICLE 10:AMEND ZONING BYLAW-SHORT TERM RENTALS
MOTION: That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington,be amended
by adding a new Section 6.10 as follows,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:
6.10.1 PURPOSE.
The purposes of this section are to:
1. Provide a process through which certain residential dwelling units and bedrooms within
dwelling units may be registered with the Town of Lexington for use as"short-term rentals",
2. Provide health and safety standards for short-term rentals;and
3. Provide for the orderly operation of short-term rentals within the Town's residential
neighborhoods.
6.10.2 DEFINITIONS.
Short-term rental:Any rental of a residential dwelling unit,or of a bedroom within a dwelling unit,in
exchange for payment,as residential accommodations for a duration of less than thirty(30)
consecutive days,but not a bed-and-breakfast home,hotel,or motel.
Short-term renter:Any person or persons occupying a dwelling unit,or a bedroom within a dwelling
unit,as a short-term rental.
Short-term rental operator:The person or persons offering a dwelling unit or bedroom within a
dwelling unit,for short-term rental,with the written permission of the owner,condominium
association,and homeowners association where applicable.
Operator-occupied short-term rental:The short-term rental of a dwelling unit,or of individual
bedrooms within a dwelling unit,that is the primary residence of its operator.
Operator-adjacent short-term rental:The short-term rental of a dwelling unit,that is not the primary
residence of the operator,but is located within a dwelling with a total of four or fewer dwelling units
where one of the dwelling units in the building is the primary residence of the operator.
Adjourned Session of the November 18,2020 Special Town Meering#2 and#3,con't...
6.10.3 REQUIREMENTS. Operator-occupied,and operator-adjacent short-term rentals are permitted
as an accessory use to a permitted principal residential use,subject to the following requirements:
1.No dwelling unit,or bedroom within a dwelling unit,may be used as a short-term rental
except in compliance with this bylaw.
2.The following dwelling units may not be used as short-term rentals:
i. Dwelling units designated as affordable or otherwise income-restricted,which are
subject to affordability covenants or are otherwise subject to housing or rental
assistance under local,state,or federal programs or
ii. Accessory Apartments as defined in Section 6.7;and
iii. Any dwelling unit in violation of the State Sanitary Code, 105 CMR 410.
3. All short-term rental operators shall register with the Building and Zoning Office prior to
short-term rental use and occupancy in conformance with Section 6.10.5 below.
4. A short-term rental operator may make available no more than one(1)dwelling unit for
operator-occupied short-term rentals,which may include the separate short-term rental of no
more than three(3)individual bedrooms,and one(1)dwelling unit for operator-adjacent
short-term rentals,which may be rented only as a whole unit to one(1)party of short-term
renters at any one(1)time and may not be rented as separate bedrooms to separate parties.
5. A short-term rental shall be limited to parking of one(1)vehicle per two(2)occupants in the
short-term rental.
6. The short-term rental operator or their agent shall maintain an up-to-date log of all occupants
that occupy the short-term rental,which shall contain the occupants'names,ages,and dates of
commencement and expiration of each short-term rental period. The log shall be available for
inspection by the Town's Board of Heath and Department of Public Safety in case of
emergency.The purpose of this requirement is to ensure that the Town shall have basic
identifying information of all occupants of the short-term rental at all times.
7. The short-term rental operator must be current with all town taxes,water,and sewage charges.
8. All short-term rental operators shall maintain liability insurance appropriate to cover the
short-term rental use.
9. During any period of seven(7)or more consecutive days when the short-term rental operator
is away from the dwelling unit,an operator-occupied short-term rental may be rented only as
a whole unit and not rented as separate bedrooms to separate parties.
10. The number of bedrooms made available for operator-occupied short-term rentals within a
dwelling unit shall not be greater than the number of lawful bedrooms in the dwelling unit.
11. Renting for an hourly rate,or for rental durations of less than ten(10)consecutive hours,
shall not be permitted.
12. Short-term rentals shall not exceed in the aggregate,one-hundred-twenty(120)consecutive or
nonconsecutive calendar days per year when the short-term rental operator is not occupying
the dwelling unit during the entire term of the short-term rental.
6.10.4 REGULATIONS. The Building Commissioner shall have the authority to promulgate
regulations to carry out and enforce the provisions of this Section 6.10"Short-Term Rentals."
Adjourned Session of the November 18,2020 Special Town Meeting#2 and#3,don't...
6.10.5 REGISTRATION,INSPECTION AND FEES.
1. All dwelling units,or bedrooms within a dwelling unit,offered for short-term rentals shall
register with the Town,secure a Certificate of Registration according to standards set forth by
the Building Commissioner,and pay all associated fees. The Certificate of Registration shall
require the short-term rental operator to agree to abide by the requirements of this Section
6.10.
2. It is the responsibility of the short-term rental operator to renew its Certificate of Registration
on an annual basis or upon change of operator or owner.
3. Prior to issuing or renewing a certificate of registration,the Building and Zoning Office shall
conduct an inspection to verify that each dwelling unit,or bedroom within a dwelling unit,to
be rented to short-term renters meets the requirements of this Section 6.10.
4. Units shall be annually recorded in the Short-Term Rental Registry for a fee set by the Select
Board.
7:39 p.m. Jenifer Gingras,Zoning Administrator for the Town,narrated the video presentation
for Article 10,explaining the problems caused by short-term rentals and the controls in the proposed
bylaw to address them.
7:48 p.m. Mr. Creech reported the unanimous support of the Planning Board. (The Planning
Board Report on Article 10 was received and placed on file with a Motion Adopted by the Meeting at
8:5 7 p.m.)
7:49 p.m. Jill Hai,member,Select Board,reported the unanimous support of the Board.
7:51 p.m. Ellen Cameron, 12 Scotland Road,submitted a statement which was read at the
meeting. She and neighbors itemized ten concerns about a neighborhood short-term rental which
caused significant local impacts.
7:55 p.m. Steven Kaufman,Pct. 5,moved to amend Article 10.He proposed adding two sections
to prohibit rentals for commercial events and limit use of rental homes to 10 total guests.He
described a"party house"in his neighborhood,which regularly had large parties and weddings up to
100 people.He noted that police were unable to take action since the party was in a private home.
AMENDMENT to ARTICLE 10: (Kaufman)
To Add on page 2, Section 6.10.3:
13.Commercial Events Prohibited:A STR property shall not be used for any commercial events during its
occupancy as a STR. Commercial events include luncheons,banquets,parties,weddings,meetings,
charitable fundraising,commercial or advertising activities,or other gatherings for direct or indirect
compensation.
14.A Residential Unit offered as a STR shall be limited to ten(10)total guests.
7:59 p.m. Mr. Creech reported the unanimous opposition of the Planning Board.
7:59 p.m. Ms.Hai stated that the Select Board was in agreement with the intent of the
amendment,but reported unanimous objection. She asked that Town Counsel comment on the
Article.
8:00 P.M. Town Counsel,Mina Mikarious,discussed the enforceability of the proposed
amendment and explained zoning infractions versus"episodic'problems which were more of a
police matter.He also responded to a question from Andrei Radulescu-Banu,Pct. 8,and stated that
regulations can be promulgated to control many aspects of short term rental use,but that they must be
consistent with the bylaw and approved at a public meeting.
8:15 p.m. Members asked a variety of questions dealing with enforcement,specifically zoning
enforcement compared to police enforcement.Mr.Mikarious responded to questions and noted that
control of commercial operations or crowd numbers could be addressed in proposed regulations as
suggested in Section 6.10.4.
8:26 p.m. Mr.Kaufman made summary remarks,stating that the wording of his amendment
came from the towns of Newton and Somerville.He urged support.
8:28 p.m. Following electronic vote tallying,the Moderator declared the Motion to Amend
Article 10 NOT Adopted on a vote of:
Adjourned Session of the November 18,2020 Special Town Meering#2 and#3,con't...
Yes No Abstain
44 121 6
8:32 p.m. The Moderator resumed debate on the main motion.
8:33 p.m. Suzanne Lau,Pct.9 moved to amend Article 10,which she said was a friendly
amendment.
AMENDMENT to ARTICLE 10(Lau)
To amend Section 6.10.3.5:
5. A short-term rental shall be limited to parking of one(1)vehicle per lawful bedroom in the
short-term rental. .
8:35 p.m. Mr.Creech said the five members of the Planning Board"had no issue"with the
amendment.
8:35 p.m. Ms.Hai stated the unanimous support of the Select Board.
8:36 p.m. The Moderator stated that she had no objection to considering the amendment as a
friendly amendment.
8:38 p.m. Members questioned limits on parking,length of stays of renters and aspects of the
proposed regulations.
8:48 p.m. Mr. Creech delivered summary comments.
8:49 p.m. The Moderator proceeded to the vote,reminding members that the friendly
amendment of proposed by Ms.Lau was now part of the main motion.
8:53 p.m. Following electronic vote tallying,the Moderator declared Article 10 Adopted as
Amended(by Friendly Amendment)and by the necessary two-thirds on a vote of:
Yes No Abstain Approved by Attorney General
160 6 4 Maura Healey March 17,2021;
Posted March 22,2021.
8:54 p.m. Douglas Lucente,Chair, Select Board moved to take up Article 17.Motion Adopted.
8:55 p.m. Presented by Ingrid Klimoff,Pct.2.
ARTICLE 17:AMEND ZONING BYLAW AND ZONING MAP-BEDFORD STREET NEAR
HARTWELL AVE(Citizen Petition)
MOTION: That the Zoning Map of the Town of Lexington be amended,effective February 1,
2021,by rezoning lot 85A on assessor's map 84 from the RO(One Family Dwelling)
District into the CM(Manufacturing)District and adding it to the TMO-1
(Transportation Management Overlay)District.
Bedford Street 0 400 800 ft,m
Proposed Zoning Changes
2020-02-10
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6n 4T; YdM:i dt,g
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� llf 1, /r��J���b aIIWIIIII�U1l�y ^(1Rf137kFkp Ft
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Adjourned Session of the November 18,2020 Special Town Meering#2 and#3,con't...
8:55 p.m. Ms.Klimoff showed a video presentation narrated by Charles Hornig,the Citizen
Petitioner, 18 Bacon Street,who stated he was not speaking as a Planning Board Member.Mr.
Hornig explained the purpose of Article 17 to change the zoning on Lot 85A(a BSC Property)from
One Family Residential Zoning to inclusion in the Transportation Management Overlay District.He
stated that residential zoning on the site was not appropriate,and that the lot should be part of the
development plan for the Hartwell Avenue area and contribute to the tax base.He stressed that there
was an opportunity at this time that should be acted upon.
8:57 p.m. Robert Creech,Chair,Planning Board,reported the vote of the Planning Board(3-1-1)
to refer Article 17 back to the Planning Board,and stated that he would be offering this amendment
later.He also moved that the Report of the Planning Board for Article 17 be received and placed on
file. The Moderator asked him to expand this motion to include the Planning Board's Report on
Article 10,to which he agreed.Motion Adopted.
8:59 p.m. Mark Sandeen,member, Select Board,made a short statement and reported the
unanimous support of the Select Board.
9:00 P.M. Cynthia Pfeiffer,298 Marrett Road,stated her preference for keeping the BSC
property in recreational use. She requested that the Town explore this possibility and urged members
to vote no on the Article.Mark Andersen,Pct. 6,also stated support for a recreational facility on the
site,preferably with a pool.He questioned whether recreational uses would still be allowed,and
brought up the perception of pre-emptive zoning.Mr.Hornig and Mina Mikarious,Town Counsel,
replied.
9:09 P.M. Wendy Reasenberg,Pct. 8,urged support,expressing her belief that the parcel should
be included in the entire planning process for Hartwell Avenue.
9:11 P.M. Dawn McKenna,Pct. 6,raised a point of order—seeking clarification on whether the
Meeting was discussing the Article,or Mr.Creech's proposed amendment.
9:11 P.M. The Moderator stated that the discussion had been on the Article.
9:11 P.M. Mr. Creech moved a substitute motion to Refer Article 17 back to the Planning Board.
SUBSTITUTE MOTION,ARTICLE 17:
That Town meeting substitute the original motion with the following motion:
Move that Town Meeting refer Article 17 to the Planning Board.
9:13 p.m. Mr.Hornig asked Town Meeting to defeat the amendment,stating that a referral back
to the Planning Board would result in unnecessary delay.
9:15 p.m. Mr. Sandeen reported the unanimous opposition of the Select Board to the
amendment.
9:15 p.m. Members posed questions regarding options for the property under different zoning
scenarios.
9:20 p.m. Sanjay Pakadi,Pct. 8,raised a point of order,requesting the vote of the Planning
Board on the amendment.Mr.Creech reiterated his earlier report of the vote,which was(3-1-1).
9:29 p.m. Mary Hamilton,23 Fifer Lane,stated that a 110' setback from a commercial
development to residential housing was insufficient,and could result in a large commercial building
"towering over"the abutting condominiums. She urged a positive vote on the amendment.
9:41 p.m. Discussion was brought to a close after the time limit of 30 minutes expired.Mr.
Creech made summary comments.
9:43 p.m. The Moderator proceeded to the vote on the amendment by Mr.Creech.
9:45 p.m. Following electronic vote tallying,the Moderator declared the Amendment to Refer
Article 17 to the Planning Board NOT Adopted on a vote of:
Yes No Abstain
69 96 4
9:46 p.m. The Moderator resumed debate on the main motion.
9:47 p.m. Katherine Colburn,Pct.4,questioned whether the School Committee had been
consulted in the discussions regarding the BSC parcel.Mr.Hornig responded.
9:55 p.m. Andre Radulescu-Banu moved the question.
9:58 p.m. Following electronic vote tallying,the Moderator declared the Motion to Move the
Question Adopted on a vote of:
Yes No Abstain
104 56 8
Adjourned Session of the November 18,2020 Special Town Meering#2 and#3,con't...
9:59 p.m. Mr.Hornig made summary comments and thanked staff and volunteers for their work
to bring Article 17 to Town Meeting.
10:03 p.m. Following electronic vote tallying,the Moderator declared Article 17 NOT Adopted
by the necessary two-thirds on a vote of:
Yes No Abstain
92 72 6
10:05 p.m. Ingrid Klimoff,Pct.2 served NOTICE OF RECONSIDERATION of Article 17.
10:06 p.m. The Moderator recognized Douglas Lucente,Chair,for the Report of the Select Board
to Town Meeting.Mr.Lucente addressed the status of Article 14 from the 2018 Annual Town
Meeting regarding design work on the Police Station;Article 16A from the 2020 Annual Town
Meeting regarding the funding of a Police Outdoor/Indoor Firing Range on Hartwell Avenue,and
Social Racial Equity Initiatives undertaken since June of 2020.He encouraged public participation
and urged Town Meeting Members and members of the public to reach out to the Select Board with
comments or questions.
10:14 p.m. Mr.Lucente moved that the Report of the Select Board be received and placed on file.
Motion Adopted.
10:14 p.m. Mr.Lucente moved to adjourn Special Town Meeting#2 until Thursday,November
19,2020 at 7:30 p.m.Motion Adopted.
A true copy.
Attest:
Nathalie L.Rice,Town Clerk
November 19,2020 Adjourned Session of 2020 Special Town Meeting#2,2020-2
Moderator Deborah Brown called the seventh session of 2020 Special Town Meeting#2 to order at
7:32 p.m.,Thursday,November 19,2020,the meeting held remotely due to the COVID-19
pandemic.Electronic voting was conducted via a fully participatory virtual Town Meeting platform
and results were reported as usual on the Town's website;a quorum in excess of 100 members was
present.
7:33 p.m. The Moderator welcomed visitors and explained parliamentary procedures;attendance
was taken.
7:37 p.m. Robert Creech,Chair,Planning Board,moved Article 11 and requested that Section C
be discussed and voted separately.
7:37 p.m. Presented by Mr. Creech,Chair,Planning Board.
ARTICLE 11:AMEND ZONING BYLAW-SITE PLAN REVIEW
MOTION: That the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington,be
amended as follows,(n*r��^tom" text is to be removed and underlined text is to be added),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:
A. Delete§ 135-9.5.2 as follows:
1 Appliea4ilir.,
its ao
c
a.
b. n,,.,„4at4g@s to. appfa�,@4 Rite�
B. Replace§ 135-9.5.2 as follows:
Adjourned Session of the November 19,2020 Special Town Meering#2 and#3,con't...
9.5.2 Applicability.
1. This section applies to activities and uses for which site plan review is required elsewhere
in this Zoning Bylaw. The Planning Board or its designee will conduct site plan review in
accordance with this Section of the Zoning Bylaw and the Planning Board Zoning
Regulations.The following shall be exempt from site plan review:
a. Any new or expanded buildings resulting in an increase in total gross floor area
of less than 2000 square feet:
b. Any new or expanded structures resulting in an increase in total site coverage
of less than 1000 square feet
c. Any new or expanded parking areas resulting in eight or fewer additional
parking spaces,and
d. Any use of lands, buildings or structures for educational purposes by the
Lexington Public Schools on land owned or leased by the Town of Lexington
or Lexington Public Schools.
D. Delete§ 135-9.5.6.6:
+_9�
7:38 p.m. Mr. Creech asked the Moderator to recognize Planning Board member,Charles
Hornig for the presentation.Mr.Hornig gave a three minute presentation,explaining the changes
under Article 11.He reported the unanimous support of the Planning Board for sections A,B and D.
7:41 p.m. Joseph Pato,member, Select Board,reported the unanimous support of the Board for
sections A,B and D.
7:42 p.m. Deborah Strod,Pct.6,asked a technical question;Mr.Hornig responded.
7:45 p.m. With no further questions on sections A,B or D,the Moderator called for the vote.
7:49 p.m. Following electronic vote tallying,the Moderator declared Article 11,Sections A,B
and D Adopted by the necessary two-thirds on a vote of:
Yes No Abstain Approved by Attorney General
161 2 3 Maura Healey March 17,2021;
Posted March 22,2021.
7:50 p.m. The Moderator declared the Meeting open under Article 11, Section C.
C. Amend§ 135-9.5.4.3 so that it reads:
3. A public meeting shall be held for all projects requiring major site
plan review.moo oof44g will ho.,a..o ;noa444t4@!,ea! 'el;„r,.,
o@ks pfief to t4@ .,,00 44g aR Notice will be sent to landowners within
300 feet of the affected lot at least two weeks before the meeting.
7:51 p.m. Mr.Hornig reported the unanimous support of the Planning Board for Section C,
conditioned on the approval of an amendment(Motion to Substitute)to be made by Mr. Creech.The
Moderator recognized Mr.Creech for the motion.
7:52 p.m. Mr. Creech explained that Section C specified the method for public hearings and
moved the Substitution Motion.
SUBSTITUTE MOTION,ARTICLE 11,SECTION C:
C. Amend§ 135-9.5.4.3 so that it reads
3. A public hearing shall be required for every major site plan review.The hearing will
be advertised in the local newspaper no less than one week,and no more than two
weeks prior to the public hearing. Notice will also be sent to landowners within 300
feet of each affected lot and published in the location designated for notices under
MGL c.30A§20(c)(the Open Meeting Law)at least two weeks before the meeting.
Adjourned Session of the November 19,2020 Special Town Meering#2 and#3,con't...
7:54 p.m. Joseph Pato,member, Select Board,reported the unanimous support of the Board.
7:55 p.m. John Bartenstein,Pct. 1,noted a correction needed from the word,"meeting"to
"hearing"in the last sentence. This was added as a friendly amendment.
7:58 p.m. Tina McBride,Pct. 7,spoke in support of the Substitute Motion and the friendly
amendment.
7:59 p.m. With no further questions,the Moderator moved the vote on the Substitute Motion
with the friendly amendment to the last line.
SUBSTITUTE MOTION,ARTICLE 11,SECTION C,WITH FRIENDLY AMENDMENT:
C. Amend§ 135-9.5.4.3 so that it reads
3. A public hearing shall be required for every major site plan review.The hearing will
be advertised in the local newspaper no less than one week,and no more than two
weeks prior to the public hearing. Notice will also be sent to landowners within 300
feet of each affected lot and published in the location designated for notices under
MGL c.30A§20(c)(the Open Meeting Law)at least two weeks before the hearing.
8:01 P.M. Following electronic vote tallying,the Moderator declared the Motion to Substitute,
Adopted on a vote of:
Yes No Abstain
166 1 2
8:05 p.m. The Moderator reminded the Meeting of the new main motion under Section C,and
that the final vote on this section would require a two-thirds majority.
8:07 p.m. Mr. Creech moved that the Report of the Planning Board on Article 11 be received
and placed on file.Motion Adopted.
8:10 P.M. Following electronic vote tallying,the Moderator declared Article 11,Section C
Adopted by the necessary two-thirds on a vote of:
Approved by Attorney General
Yes No Abstain Maura Healey March 17,2021;
168 0 3 Posted March 22,2021.
8:14 p.m. The Moderator called for a short recess to address a technical issue.
8:15 p.m. The Moderator declared the issue resolved and declared the meeting back in order and
open under Article 12.
8:18 P.M. Mr. Creech moved Article 12.
8:18 P.M. Presented by Charles Hornig,member,Planning Board.
ARTICLE 12:AMEND ZONING BYLAW-FINANCIAL SERVICES
MOTION:That the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington,be amended
as follows(str-aek�hetig text is to be removed and underlined text is to be added),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:
A. Amend§ 135-3.1.6 so that it reads:
3.1.6 Services in _
Center Storefronts.
1. Purpose.Lexington Center is a place in which shops,workplaces,schools,historic attractions,
housing,open space,and civic facilities intimately co-exist to create an active retail and
cultural destination with an identifiable sense of place.It is in the public interest that the
Town protect and enhance the vibrancy of the Central Business District by creating a
supportive environment for a diverse group of uses throughout the Center,and regulating the
use of the limited first floor storefront area and frontage of the Central Business District is
necessary to achieve this goal.
2. Special Permit Review Criteria.In addition to the criteria detailed in§ 135-9.4.2,as a
precondition to allowing the establishment,relocation,or expansion of aba-FAEitig of t
4i44ie44 bad or real estate service use(Line H.1.05 and Line H.1.04 respectively in the
Adjourned Session of the November 19,2020 Special Town Meering#2 and#3,con't...
Table of Uses)in a center storefront tome.G0rsr-al Bush,..,Pist.i4,the SPCA must also find
that the applicant has satisfied the specific criteria listed below:
a. The granting of the special permit will advance the goals expressed in§3.1.6.1
above;
b. The proposed use in the proposed location is in the public interest;
c. The proposed use will not create an undue concentration of these uses in the
immediate area;
d. The proposed use will maintain hours and days of operation and an active
storefront consistent with other retail uses in the Central Business District;
e. The proposed length of the storefront will not exceed the average length of other
center storefronts:r 414e,G0rsr-al Boss,.,..Pist.i4;
f. The proposed first floor square footage will not exceed the average size of other
center storefronts 44 dw,no^*r^' and
g. As part of providing a visually engaging storefront,the interior area of the
property adjacent to the storefront must be a space dedicated for patrons and shall
not be used for office,cubicle,conference,or storage areas.
3. The SPCA may waive strict compliance with criteria 2e and 2f above,where such action is in
the public interest and consistent with the intent and purpose of this bylaw.
B. In§ 135-10.1,add a definition of BANKING SERVICES:
BANKING SERVICES
A bank,credit union,or any branch thereof,including electronic branches such as
automatic teller machines and cash dispensers.
C. Amend row IT.1.05 of Table 1,Permitted Uses and Development Standards,so that it reads:
GC RO RS RT CN CRS CS CB CLO CRO CM CSX
Banking services
H.1.05 *SP in center N N N N Y Y SP Y* Y Y Y SP
storefront — — —
(see§3.1.6).
D. Delete rows IT.1.06 and IT.1.07 of Table 1,Permitted Uses and Development Standards.
GC RO RS RT CN CRS CS CB CLO CRO CM CSX
„t„ „ro,7
u�n� 4-44m:RR4i,,torso,- IS-P Y- -Y -N Y- Y- Y' -Y
tHffehilie
E. Add a new row H.2.03 to Table 1,Permitted Uses and Development Standards,as follows:
GC RO RS RT CN CRS CS CB CLO CRO CM CSX
H.2.03 Banking services N_ N_ N_ N_ N SP SP N N Y Y SP
delivered on site to
persons in a car
8:18 P.M. Mr.Hornig explained the purpose of Article 12 which sought to impose additional
criteria for the establishment,relocation or expansion of a banking service in a center storefront.
8:21 p.m. Mr.Hornig reported the unanimous support of the Planning Board.
8:21 p.m. Mr. Creech,Chair,Planning Board,asked that the Planning Board Report on Article
12 be received and placed on file.Motion Adopted.
8:21 p.m. Suzanne Barry,member, Select Board,reported the unanimous support of the Board.
Adjourned Session of the November 19,2020 Special Town Meering#2 and#3,con't...
8:22 p.m. John Rossi,Pct. 1,questioned whether the Commission on Disability had been
consulted regarding the changes proposed in Article 12.Mr.Hornig responded that they had not.Mr.
Rossi urged Mr.Hornig to contact the Commission since non-ambulatory residents might depend
upon drive-through ATMs.Mr.Hornig explained there was no change to existing drive-through
ATMs.Mr.Rossi suggested consultation be invited in the future where access is under scrutiny or
subject to change in the Town's bylaws.
8:27 p.m. Sanjay Pakadi,Pct. 8,questioned whether ATMs would be changed in the Hartwell
Innovation Area.Mr.Hornig said they would be allowed,and would not be subject to any changes.
8:27 p.m. Alan Levine,Pct. 8,asked for the definition of"center storefront".Mr.Hornig
responded.
8:29 p.m. With no further questions,the Moderator called for the vote.
8:31 p.m. Following electronic vote tallying,the Moderator declared Article 12 Adopted by the
necessary two-thirds on a vote of:
Yes No Abstain Approved by Attorney General
166 0 2 Mau Healey March 17,2021;
Posted March 22,2021.
8:33 p.m. The Moderator declared the meeting open under Article 13.
8:33 p.m. Presented by Robert Creech,Chair,Planning Board.
ARTICLE 13:AMEND ZONING BYLAW-SOLAR ENERGY SYSTEMS
MOTION:That the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington,be amended
as follows(4Fffek4he � lrtext is to be removed and underlined text is to be added),and further that
non-substantive changes to the numbering of this bylaw be permitted so that it comply with the
numbering format of the Code of the Town of Lexington:
A. Amend§ 135-3.2.2 so that it reads:
3.2.2 Limit on Size of Accessory Uses.An accessory use may not occupy more than 25%of the
area of a lot or more than 25%of the gross floor area on a lot.This limitation does not apply to
off-street parking, Solar EnergySystems,or to accessory apartments,
B. Add a new§ 135-4.3.1.3 as follows:
3. A Solar Energy ystem may be located over M paved parking lot.
C. Amend§ 135-4.3.2 so that it reads:
4.3.2 Structures on a Building. Structures erected on a building and not used for human
occupancy may exceed the maximum height of a building in feet provided no part of the
structure is more than 20 feet higher than the upper elevation of the building and the total
horizontal coverage of such structures on the building,other than Solar Energy Systems,does
not exceed 25%.
D. Add anew§ 135-6.10 as follows:
6.10 SOLAR ENERGY SYSTEMS.
1. Purpose and Intent.
As a Green Community,Lexington promotes the installation and use of all Energy Systems
within the community.The purpose of this section is to establish standards for permitting,
placement,design,construction,operation,monitoring,modification and removal of such
installations,while protecting public safety;protecting against undesirable impacts on
residential property and neighborhoods;protecting scenic,natural and historic resources,and
protecting or providing for wildlife corridors.Lexington intends to promote the creation of
Energy Systems per MGL.c.40A, §3 and the Green Communities Act,MGL.c.25A, $10,
while meeting sustainability initiatives for a sustainable Lexington.
2. Applicability.
1. The construction and operation of all proposed Solar Energy ystems shall be
consistent with all applicable local,state and federal requirements,including but not
limited to all applicable safety,construction,electrical,communications and
aviation requirements.
Adjourned Session of the November 19,2020 Special Town Meering#2 and#3,con't...
2. All buildings and structures forming part of a Solar Energy System shall be
constructed per the State Building Code and approved by the Building
Commissioner.
3. Design Standards.
1. The Planning Board may adopt regulations providing reasonable design standards
for Solar Energy ystems constructed under MGL c.40A, §3.The standards shall
not be more restrictive than those applied to other structures.
2. The Planning Board may adopt regulations providing for the maintenance and
eventual removal of Large-scale Solar Energy Systems and securing the
performance thereof.
3. Large-scale and Small-scale Solar Energy Systems shall not be located in the front,
side,or rear required Yard.
4. The permit granting authorities may waive any standards in this Bylaw which are
not reasonable as applied in a particular case or which effectively prohibit the
protected use.
J. Add a new§ 135-7.3.4 as follows:
7.3.4 Protected uses.
Notwithstanding other provisions of§ 7.3 and any preliminary site development and use plan,the
following uses and structures protected by MGL c. 40A 0 shall be permitted in any PD,CD,or
RD district:
1. Building-mounted Solar Energy Systems shall be permitted by right.
2. Canopy Solar Energy Systems,Large-Scale Solar Energy Systems,and Small-scale
Solar Energy Systems shall be permitted with site plan review under§ 135-9.5.
E. In§ 135-10.1,amend the definition of SITE COVERAGE so that it reads:
The sum of all parts of a lot that are covered by a principal or accessory building or other
structure,other than a Solar Energy System,suchop rtions of the lot to be delineated by the
intersection of the ground with the vertical plane of the outermost walls or projections of a
building or structure whether in contact with the ground or projecting over it.
F. In§ 135-10.1,amend the definition of STRUCTURE so that it reads:
Anything constructed or erected,the use of which requires a fixed location on the ground,or
attachment to something located on the ground,including buildings,mobile homes,billboards,
tanks, Solar s-Energy Systems,or the like,or the parts thereof,and swimming pools,but
not including paved surfaces such as a driveway,a walk or a patio.
G. In§ 135-10.1,amend the definition of YARD so that it reads:
An open space on a lot unoccupied by a building or structure or such parts thereof as covered or
uncovered porches,steps,cornices,eaves and other projections;provided however that fences,
gates or security stations,yard accessories,ornaments and furniture, Solar Energy Systems,and
customary summer awnings are permitted in any Yard but shall be subject to height limitations.
Yard depth shall be measured from the street or lot line,and not from the middle of any public
or private way whether owned pursuant to the derelict fee statute or otherwise,to the nearest
point on a building in a line perpendicular or normal to such lot or street line.The minimum
required Yard shall be a strip of land of uniform depth required by this bylaw measured from
the lot or street line and adjacent thereto.
H. In§ 135-10.1,add definitions as follows:
SOLAR ENERGY SYSTEM
A device or structural design feature,a substantial purpose of which is providing for the
collection,storage,and distribution of solar energypace heating or cooling,electrical
generation,or water heating.
SOLAR ENERGY SYSTEM,BUILDING-MOUNTED
A Solar Energy System that is designed to be securely mounted on a building.
Adjourned Session of the November 19,2020 Special Town Meering#2 and#3,con't...
SOLAR ENERGY SYSTEM,CANOPY
A Solar Energy System structure that is built to cover a parking lot or other open-air use that
is not a Building-mounted Solar Energy System.
SOLAR ENERGY SYSTEM,LARGE SCALE
A Solar Energy System that is not a-Building-mounted Solar Energy System,Canopy Solar
Energy System,or Small-scale Solar Energy System.
SOLAR ENERGY SYSTEM,SMALL SCALE
A Solar Energy System that is not a Building-mounted Solar Energy System or Canopy Solar
Energy System where the total lot area covered by all Solar Energy Systems on the lot is less
than or equal to 1,500 square feet.
L In Table 1,Permitted Uses and Development Standards,replace row 0.1.10 with four new
rows,so that it reads:
GC RO RS RT CN CRS CS CB CLO CRO CM CSX
0.1.10 Y_ _F _F _F N N N _F _F R R N
el_�
0.1.10 Solar Energy System, Y Y Y Y Y Y Y Y Y Y Y Y
Building-mounted
0.1.11 Solar Energy Y R R R R R R R R R R R
System,Canopy
0.1.12 Solar Energy System, Y R R R R R R R R R R R
Large-scale
0.1.13 Solar Energy System, Y R R R R R R R R R R R
Small-scale
8:33 p.m. Mr. Creech moved that the Report of the Planning Board on Article 13 be received
and placed on file.Motion Adopted.
8:33 p.m. Mr. Creech presented a video that explained the amendment under Article 13 and
moved the motion.
8:40 p.m. Charles Hornig,member,Planning Board,reported the unanimous support of the
Board.
8:40 p.m. Mark Sandeen,member, Select Board,reported the unanimous support of the Board.
8:42 p.m. Sanjay Padaki,Pct. 8,questioned how the amendment related to Site Plan Review.
Mina Mikarious,Town Counsel,responded.
8:45 p.m. With no further questions,the Moderator called for the vote.
8:49 p.m. Following electronic vote tallying,the Moderator declared Article 13 Adopted by the
necessary two-thirds on a vote of:
Yes No Abstain Approved by Attorney General
165 0 3 Maura Healey March 17,2021;
Posted March 22,2021.
8:50 p.m. The Moderator declared the meeting open under Article 14.
8:50 p.m. Presented by Robert Creech,Chair,Planning Board.
ARTICLE 14:AMEND ZONING BYLAW-WIRELESS COMMUNICATION FACILITIES
MOTION:That the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington be amended
as follows,(s4iae1�text is to be removed and underlined text is to be added),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:
1. Amend row 0.1.08 of Table 1,Permitted Uses and Development Standards,so that it reads:
Adjourned Session of the November 19,2020 Special Town Meering#2 and#3,con't...
GC RO RS RT CN CRS CS CB CLO CRO CM CSX
0.1.08 Wireless
Communication
Facility*Yes if a
Small Wireless
Facility ISP—* ISP—*
* i Y R* R* R* R* R* R* R* R* R* R* R*
(See§6.4.)
2. Replace§ 135-6.4 with the following:
6.4 WIRELESS COMMUNICATION FACILITIES.
6.4.1 Purpose.This section permits the use of wireless communication facilities within the
Town,regulates their impacts and accommodates their location and use in a manner
intended to:
1. Protect the scenic,historic,environmental and natural or man-made resources of the
Town;
2. Protect property values;
3. Minimize any adverse impacts on the residents of the Town(such as,but not limited to,
attractive nuisance,noise and falling objects)with regard to the general safety,welfare
and quality of life in the community;
4. Provide standards and requirements for regulation,placement,construction,design,
modification and removal of wireless communication facilities;
5. Provide a procedural basis for action within a reasonable period of time for requests for
authorization to place,construct,operate or modify wireless communication facilities;
6. Encourage the use of certain existing structures and towers;
7. Minimize the total number and height of towers located within the community;
8. Require tower sharing and clustering of wireless communication facilities where they
reinforce the other objectives in this section;and
9. Be in compliance with the Telecommunications Act.
6.4.2 Applicability.The requirements of this section shall apply to all wireless
communication facilities,except where federal or state law or regulations exempt certain
users or uses from all or portions of the provisions of this section.No wireless
communication facility shall be considered exempt from this section by sharing a tower or
other structure with such exempt uses.
6.4.3 Location of Facilities;Priorities.Wireless communication facilities shall be located
according to the following priorities.Applicants shall demonstrate that they have
investigated locations higher in the following priority ranking than the one for which they
are applying and whether such sites are available and,if applicable,under what
conditions.The priorities are:
1. Within an existing structure concealed;
2. Within an existing structure and camouflaged;
3. Camouflaged on an existing structure,including but not limited to an existing utility
pole,water tower,or building,and of a compatible design;
4. Co-located with existing wireless communication facilities;
5. On Town of Lexington owned land which complies with other requirements of this
section and where visual impact can be minimized and mitigated;
6. On existing structures that comply with the other requirements of this section and
where visual impact can be minimized and mitigated;and
7. On new towers.
Adjourned Session of the November 19,2020 Special Town Meering#2 and#3,con't...
6.4.4 Site Development Requirements.The following standards shall apply:
1. Shelters and accessory buildings.Any communication equipment shelter or accessory
building shall be designed to be architecturally similar and compatible with the
surrounding area.Whenever feasible,a building shall be constructed underground.
2. Security and signs.Except for small wireless facilities,the wireless communication
facility shall be completely secure from trespass or vandalism and a sign not larger
than one square foot shall be posted indicating the name of the facility owner(s)and a
twenty-four-hour emergency telephone number.Advertising on any antenna,tower,
fencing,accessory building or communication equipment shelter is prohibited.
3. Lighting.Unless required by the Federal Aviation Administration,no exterior night
lighting of towers or the wireless communication facility is permitted except for
manually operated emergency lights for use when operating personnel are on site.
4. Dimensional Standards.A wireless communication facility that exceeds the height
restrictions of§4.3 or occupies a front,rear,or side yard is permitted if the restrictions
would materially inhibit provision of wireless services under the Telecommunications
Act.
6.4.5 Application;Procedures.
1. The applicant or co-applicant for any permit for a wireless communication facility
must be a wireless communication service provider who has authority from the FCC to
provide wireless communication services for the facility being proposed.The
applicant shall submit documentation of the legal right to install and use the proposed
facility mount at the time of the filing of the application for the permit.
2. Review by the Communications Advisory Committee. The Select Board's
Communications Advisory Committee shall review an applicant's application and
make recommendations to the Building Commissioner as to the application's
adherence to the provisions of this section.
3. Permits.Each application for a permit must contain site plans with sufficient detail
that would enable the Town to determine whether the proposed facility meets the
requirements of this section.
6.4.6 Regulations.The Select Board may adopt regulations concerning the appearance of
wireless communication facilities consistent with the Telecommunications Act.
6.4.7 Removal Requirements.Any wireless service facility that ceases to operate for a
period of one year shall be removed.'Cease to operate'is defined as not performing the
normal functions associated with the wireless service facility and its equipment on a
continuous and ongoing basis for a period of one year.At the time of removal,the facility
site shall be remediated such that all wireless communication facilities that have ceased to
operate are removed.If all facilities on a tower have ceased to operate,the tower
(including the foundation)shall also be removed and the site shall be revegetated by the
owner.Existing trees shall only be removed if necessary to complete the required
removal.
6. Amend§ 135-9.4.1.Lc so that it reads:
c. When an activity or use requires both site plan review and one or more special permits;
7. In§ 135-10.1,remove the definitions of:
1. "ADEQUATE COVERAGE(WIRELESS COMMUNICATIONS FACILITIES)",
2. "AVAILABLE SPACE",
3. "CARRIER",
4. "CHANNEL",
5. "FACILITY SITE",
6. "MODIFICATION OF AN EXISTING FACILITY(WIRELESS
COMM[JNICATIONS FACILITIES)",
7 "MONITORING(WIRELESS COMM[JNICATIONS FACILITIES)",and
8. "REPEATER".
Adjourned Session of the November 19,2020 Special Town Meering#2 and#3,con't...
8. In§ 135-10.1,amend the definition of"TELECOMM[JNICATIONS ACT"so that it reads:
The Federal Telecommunications Act of 1996,as amended,and its implementing
regulations.
9. In§ 135-10.1,add anew definition"SMALL WIRELESS FACILITY"as follows::
A type of Wireless Communication Facility where:
C. The facility is mounted on a structure 50 feet or less in height including its
antennas,is no more than 10 percent taller than other adjacent structures,or
does not extend existing structures on which it is located to a height of more
than 50 feet or by more than 10 percent,whichever is greater,
d. Each antenna associated with the deployment,excluding associated antenna
equipment,is no more than 3 cubic feet in volume:and
e. All other wireless equipment associated with the structure,including the
wireless equipment associated with the antenna and any pre-existing associated
equipment on the structure,is no more than 28 cubic feet in volume.
8:50 p.m. Mr. Creech moved Article 14 and asked to have the Report of the Planning Board on
Article 14 be received and placed on file.Motion Adopted.
8:50 p.m. Charles Hornig,member,Planning Board,presented a video highlighting the proposed
changes to the current bylaw to bring it into conformance with FCC regulations.He explained the
Building Commissioner would become the reviewing authority.
8:53 p.m. Mr.Hornig reported the unanimous support of the Planning Board.
8:53 p.m. Mark Sandeen,member, Select Board,made a short statement and reported the
unanimous support of the Board.
8:56 p.m. Members asked questions regarding coverage,the possibility of Eminent Domain
takings,the role of the Communications Advisory Committee and the avenue for public input.
9:01 P.M. With no further questions,the Moderator called for the vote.
9:06 p.m. Following electronic vote tallying,the Moderator declared Article 14 Adopted by the
necessary two-thirds on a vote of:
Yes No Abstain Approved by Attorney General
162 1 3 Maura Healey March 17,2021;
Posted March 22,2021.
9:06 p.m. Mr. Creech moved that the Report of the Planning Board on Article 15 be received
and placed on file.Motion Adopted.Mr. Creech moved Article 15.
9:07 p.m. Presented by Robert Creech,Chair,Planning Board.
ARTICLE 15:AMEND ZONING BYLAW-TECHNICAL CORRECTIONS
MOTION:That the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington,be amended
as follows,where(s4uek t o gn text is to be removed and underlined text is to be added),and further
that non-substantive changes to the number of this bylaw be permitted in order that it be in
compliance with the numbering format of the Code of the Town of Lexington:
1.Amend Chapter 135 §4.1.1 Table 2, Schedule of Dimensional Controls,line"Minimum side
yard in feet"and add an additional note(i)to read as follows:
Zoning Districts
GC RO RT& CN CRS CS CB CLO CRO CM CSX
Minimum side yard
in feet NR 15(d)(� 15(d)Qi 20 20 15 NR 30 50(t) 25(t) 15
Notes:
i. For non-conforming one and two-family residential structures,the side yard setback
may be reduced as allowed in Section 8.4.1 "No Increase in Nonconforming Nature."
9:08 P.M. In his video presentation,Mr. Creech explained the technical corrections addressed in
Article 15 regarding side yard setbacks.He reported the unanimous support of the Planning Board.
9:09 P.M. Suzanne Barry,member, Select Board,reported the unanimous support of the Board.
Adjourned Session of the November 19,2020 Special Town Meering#2 and#3,con't...
9:10 P.M. With no questions on the Article,the Moderator called for the vote.
9:12 p.m. Following electronic vote tallying,the Moderator declared Article 15 Adopted by the
necessary two-thirds on a vote of:
Yes No Abstain Approved by Attorney General
166 0 1 Maura Healey March 17,2021;
Posted March 22,2021.
9:16 p.m. Douglas Lucente,Chair, Select Board,moved to dissolve Special Town Meeting#2.
Seeing no objection to the Motion,the Moderator declared the Motion Adopted.The Moderator
declared the 2020 Special Town Meeting#2 dissolved.
A true copy.
Attest:
Nathalie L.Rice,Town Clerk
Special Town Meeting-2020-2&3 October 14,2020 October 19,2020
STM-3 STM-3 STM-3 STM-2 STM-2 STM-2 STM-2 STM-2
Articles Article 8: Article 5: Article Article Article 9: Article Article
2,3,4,6: Reduce Amend 2:Short 2: Amend 7: 8:
Consent Legal FY21 Term Short Zoning Bylaw Resolu- Systemic
Agenda Expenses Operatng., Rental Term Dist.from tion Racism
Enterprs. Impact Rental Bsmnt,Slab, Establsh. Resolu-
&CPA Fee-(a) Impact Crawl Space, Monu- tion
Fee-(b) Groundwater ment
Pct Name
0 Mike Barrett
Suzanne
0 Barry Yes No Yes Yes Yes Yes Yes Yes
Deborah
0 Brown Abstain Abstain Abstain Abstain Abstain Abstain Abstain Abstain
Michelle
0 Ciccolo Yes Yes
0 Jill Hai Yes No Yes Yes Yes Yes Yes Yes
Douglas
0 Lucente Yes No Yes Yes Yes Yes Yes Yes
0 Joe Pato Yes No Yes Yes Yes Yes Yes Yes
Mark
0 Sandeen Yes No Yes Yes Yes Yes Yes Yes
John
1 Bartenstein Yes No Yes Yes Yes Yes Yes Yes
Sandhya
1 Beebee Yes No Yes Yes Yes Yes Yes Yes
1 Jean Cole Yes No Yes Yes Yes Yes Yes Yes
1 Robert Cunha Yes Yes
Larry
1 Freeman Yes No Yes Yes Yes Yes Yes Yes
Brian
1 Heffernan Yes No Yes Yes Yes Yes Yes Yes
1 Hongbin Luo Yes Yes Yes Yes Yes Yes Yes
Eric
1 Michelson Yes Yes Yes Yes Yes Yes Yes Yes
Noah
1 Michelson Yes No Yes Yes Yes Yes Yes Yes
Meg
1 Muckenhoupt Yes No Yes Yes Yes Yes Yes
Valerie
1 Overton Yes No Yes Yes Yes Yes Yes Yes
Jayanthi
1 Rangan Yes No Yes Yes Yes Yes Yes Yes
1 John Rossi Yes No Yes Yes Yes Yes Yes Yes
Barry
1 Sampson Yes No Yes Yes Yes Yes Yes Yes
Carol
1 Sampson Yes No Yes Yes Yes Yes Yes Yes
Mary Ann
1 Stewart
Bella
1 Tsvetkova Yes No Yes Yes Yes Yes
1 Lucy Wall Yes No Yes Yes Yes Yes Yes Yes
1 Yingjie Wei Yes Yes Yes Yes Yes Yes Abstain Yes
1 Albert Zabin Yes No Yes Yes Yes Yes Yes Yes
1 Judith Zabin Yes No Yes Yes Yes Yes Yes Yes
2 Avram Baskin Yes No Yes Yes Yes Yes No Yes
Marian
2 Cohen Yes No Yes Yes Yes Yes Yes Yes
Matthew
2 Cohen Yes No Yes Yes Yes Yes Yes Yes
2 Matt Daggett I Yes Abstain Yes Yes Yes Yes Yes I Yes
Jason
2 Denoncourt
Kathryn
2 Fields Yes No Yes Yes Yes
2 Rita Goldberg Yes No Yes No No Yes Yes Yes
2 Ajay Joseph Yes Yes Abstain No No Yes Yes Yes
2 Ingrid Klimoff Yes No Yes Yes Yes Yes Yes Yes
2 Paul Lapointe Yes No Yes Yes Yes Yes Yes Yes
—
2 Peter Lee Yes Yes Yes Yes Yes Yes
Mark
2 M anasas Yes No Yes Yes Yes Yes Yes Yes
Barry
2 Orenstein Yes No Yes Yes Yes Yes Abstain Yes
Michael
2 O'Sullivan
2 Peg Ouellette Yes No Yes Yes Yes Yes Yes Yes
2 RickiPappo Yes No Yes Yes Yes Yes Yes Yes
2 Syed Rizvi Yes No Yes Yes Yes No Yes Yes
Kenneth
2 Shine Yes Yes Yes Yes Yes Yes
2 Juan Stella Yes Yes Yes Yes Yes
Jonathan
2 Suber Yes No Yes Yes Yes Yes Yes Yes
2 Betsey Weiss Yes No Yes Yes Yes Yes Yes Yes
Courtney
3 Apgar Yes No Yes Yes Yes Yes Yes Yes
3 Joshua Apgar Yes No Yes Yes Yes Yes Yes Yes
3 1 Cynthia Arens Yes I No Yes Yes Yes Yes Yes
Delanot
3 Bastien Abstain No Yes Yes Yes Yes Yes
Shirley
3 Frawley
Steven
3 Heinrich Yes No Yes Yes Yes Yes Yes Yes
3 Nancy Hubert Yes No Yes Yes Yes Yes
David
3 Kaufman Yes No Yes Yes Yes Yes No Yes
Jeanne
3 Krieger Yes No Yes Yes Yes Yes Yes Yes
Vineeta
3 Kumar Yes No Yes Yes Yes Yes Yes Yes
3 Henry Lau Yes No Yes Yes Yes Yes Yes Yes
Rena
3 Maliszewski Yes No Yes Yes Yes Yes Yes
Michael
3 Martignetti Yes Yes
3 Glenn Parker Yes No Yes Yes Yes Yes Yes Yes
3 Letha Prestbo Yes No Yes Yes Yes Yes Yes Yes
Robert
3 Rotberg Yes No Yes Yes Yes Yes Yes Yes
Michael
3 Schanbacher Yes No Yes Yes Yes Yes
3 Frank Smith Yes No Yes Yes Yes Yes Yes Yes
Amit
3 Srivastava
Margaret
3 Storch
3 Stanley Yap
Alessandro
4 Alessandrini Yes No Yes Yes Yes Yes Yes Yes
4 Nyles Barnert Yes No Yes Yes Yes Yes Abstain Yes
4 Gloria Bloom Yes No Yes Yes Yes Yes Yes Yes
Michael
4 Boudett Yes No Yes Yes I Yes Yes Yes Yes
Lawrence
4 Chan Yes No Yes Yes Yes Yes Yes Yes
Norman
4 Cohen Yes No Yes Yes Yes Yes Yes Yes
4 Robert Cohen Yes Yes Yes Yes Yes No Yes Yes
Kathryn
4 Colburn Yes No Yes Yes Yes Yes Yes Yes
4 Katie Cutler Yes No Yes Yes Yes
4 Peter Enrich Yes No Yes Yes Yes Yes Yes Yes
Thomas
4 Griffiths Yes No Yes Yes Yes Yes Yes Yes
4 Eileen Jay Yes No Yes Yes Yes Yes Yes Yes
—
4 Charles Lamb Yes No Yes Yes Yes Yes Yes Yes
Kathleen
4 Lenihan Yes No Yes Yes Yes Yes Yes Yes
Susan
4 McLeish Yes No Yes Yes Yes Yes Yes Yes
4 Lisa OBrien Yes No Yes Yes Yes Yes Yes Yes
4 Gerald Paul Yes No Yes Yes Yes Yes Yes
4 Sandra Shaw Yes No Yes Yes Yes Yes Yes Yes
Nancy
4 Shepard Yes No Yes Yes Yes Yes Yes Yes
4 Claire Sheth
4 Ruth Thomas Yes Abstain Yes No Yes Yes Yes Yes
5 Anil Ahuja Yes No Yes Yes Yes Yes Yes Yes
Robert
5 Balaban Yes No Yes Yes Yes Yes Yes Yes
Nancy
Corcoran-
5 Ronchetti Yes Yes
5 Judy Crocker Yes No Yes Yes Yes Yes Yes Yes
5 Irene Dondley Yes No Yes Yes Yes Yes Yes Yes
Marilyn
5 Fenollosa Yes No Yes Yes Yes Yes Yes Yes
Andrew
5 Friedlich Yes No Yes Yes Yes Yes Yes Yes
Anthony
5 Galaitsis Yes No Yes Yes Yes Yes Yes Yes
Aneesha
5 Karody Yes Yes
Steven
5 Kaufman Yes Yes Yes Yes Yes Yes Yes Yes
5 Pamela Lyons Yes Yes Yes Yes Yes Yes Yes Yes
Jerold
5 Michelson Yes No Yes Yes Yes Yes Yes Yes
Dick
5 Neumeier Yes Yes
5 Rita Pandey Yes No Yes Yes Yes Yes Abstain Yes
Marc
5 SaintLouis Yes No Yes Yes Yes No Yes Yes
Melanie
5 Thompson Yes No Yes Yes No Yes Yes
M.Masha
5 Traber Yes No Yes Yes Yes Yes Yes Yes
David
5 Williams Yes No Yes Yes Yes Yes Yes
5 Lin Xu Yes Yes Yes Yes Yes Yes Abstain Yes
5 Lily Yan Yes No Yes Yes Yes Yes Yes Yes
5 John Zhao Yes No Yes Yes Yes Yes
Mark
6 Andersen I No Yes Yes Yes Yes Yes Yes
Sara Bothwell
6 Allen Yes No Yes Yes Yes Yes Yes Yes
Christian
6 Boutwell Yes No Yes Yes Yes Yes Yes Yes
Margaret
6 Counts-Klebe Yes No Yes Yes Yes Yes Yes Yes
6 Bebe Fallick Yes No Yes Yes Yes Yes Yes Yes
Andrea
6 Fribush Yes No Yes Yes Yes Yes Yes Yes
Edmund
6 Grant No Yes Yes Yes Yes Yes Yes
Jonathan
6 Himmel Yes No Yes Yes Yes Yes Yes Yes
Frederic
6 Johnson Yes No Yes Yes Yes Yes No Yes
Morton
6 Kahan Yes No Yes Yes Yes Yes Yes Yes
Jyotsna
6 Kakullavarapu Yes No Yes No Yes Yes
6 Brian Kelley Yes No Yes Yes Yes Yes Yes
Trisha
6 Kennealy Yes No Yes Yes Yes
Rina
6 Kodendera Yes Abstain Yes Yes Yes Yes Yes Yes
Innessa
6 Manning Yes No Yes Yes Yes Yes Yes Yes
Bridger
6 McGaw Yes Yes Yes Yes Yes Yes Yes Yes
Dawn
6 McKenna Yes No Yes Yes Yes Yes Yes Yes
6 Dinesh Patel Yes No Yes Yes Yes Yes Yes Yes
Deepika
6 Sawhney Yes No Yes Yes Yes Yes Yes Yes
Deborah
6 Strod Yes No Yes Yes Yes Yes Yes Yes
6 Vinita Verma Yes No Yes Yes Yes Yes Yes Yes
7 Marsha Baker Yes No Yes Yes Yes Yes Yes Yes
George
7 Burnell Yes No Yes Yes Yes Yes Yes
7 Mary Burnell Yes No Yes Yes Yes Yes Yes Yes
Patricia
7 Costello Yes No Yes Yes Yes Yes Yes Yes
Robert
7 Creech Yes No Yes Yes Yes Yes Yes Yes
Sara
7 Cuthbertson Yes No Yes Yes Yes Yes Yes Yes
Harry
7 Forsdick Yes No Yes Yes Yes Yes Yes Yes
Mary
7 Hamilton Yes No Yes Yes Yes Yes Yes Yes
Philip
7 Hamilton Yes No Yes Yes Yes Yes Yes Yes
Stacey
7 Hamilton Yes No Yes Yes Yes Yes Yes Yes
7 Pam Hoffman Yes No Yes Yes Yes Yes Yes Yes
7 Vikas Kinger Yes No Yes Yes Yes
7 Ravish Kumar Yes No Yes Yes Yes Yes Yes Yes
Samita
7 Mandelia Yes No Yes Yes Yes Yes Yes Yes
Raul
Marques-
7 Pascual Yes No Abstain Yes Yes Yes Yes
7 Tina McBride Yes No Yes Yes Yes Yes Yes Yes
Benjamin
7 M oroze Yes No Yes Yes Yes Yes Yes
7 Robert Peters Yes No Yes Yes Yes Yes Yes Yes
7 Umesh Shelat Yes Yes Yes Yes No Yes Yes Abstain
7 Taylor Singh Yes No Yes Yes Yes Yes Yes Yes
Christine
7 Southworth Yes Yes
Robert
8 Avallone Yes No Yes Yes Yes Yes Yes Yes
Becky
8 Barrentine Yes No Yes Yes Yes Yes
8 1 Lauren Black Yes I No Yes Yes Yes Yes Yes Yes
Shailesh
8 Chandra Yes No Yes Yes Yes Yes Yes Yes
8 Gang Chen Yes No Yes Yes No Yes Yes Yes
Margaret
8 Enders Yes No Yes Yes Yes Yes Yes Yes
8 Betty Gau Yes No Yes Yes Yes Yes Yes Yes
8 David Horton Yes No Yes Yes Yes Yes Yes Yes
8 Lin Jensen Yes No Yes Yes Yes Yes Yes
8 Alan Levine Yes No Yes Yes Yes Yes Yes Yes
8 Lisa Mazerall Yes No Yes Yes Yes
8 Brielle Meade Yes No Yes Yes Yes Yes Yes Yes
8 James Osten Yes Yes Yes Yes Yes Yes Yes Yes
8 Sanjay Padaki Yes No Yes Yes Yes Yes Yes Yes
Andrei
Radulescu-
8 Banu Yes No Yes Yes No Yes Yes Yes
Wendy
8 Reasenberg Yes No Yes Abstain Abstain Yes Yes Yes
Jessie
8 Steigerwald Yes No Yes Yes Yes Yes Yes Yes
Melinda
8 Walker Yes No Yes Yes Yes Yes Yes Yes
Weidong
8 Wang Yes No Yes Yes Yes Yes Yes Yes
8 Teresa Wright Yes No Yes Yes Yes No Yes Yes
8 Yu Wu
9 Alice Adler Yes No Yes Yes Yes Yes Yes Yes
Hemaben
9 Bhatt Yes No Yes Yes Yes Yes Yes Yes
9 Victoria Blier Yes No Yes Yes Yes Yes Yes Yes
9 Scott Bokun Yes No Yes Yes Yes Yes Yes Yes
Victoria
9 Buckley Yes No Yes Yes Yes Yes Yes Yes
Jeanne
9 Canale Yes No Yes Yes Yes Yes Yes Yes
Richard
9 Canale Yes No Yes Yes Yes Yes Yes Yes
9 Rodney Cole Yes No Yes Yes
Margaret
9 Coppe Yes No Yes Yes Yes Yes Yes Yes
9 Thomas Fenn Yes No Yes Yes No No Yes Yes
Mollie
9 Garberg Yes No Yes Yes Yes Yes Yes Yes
9 Philip Jackson Yes No Yes Yes Yes Yes Yes Yes
9 Suzanne Lau Yes No Yes Yes Yes Yes Yes Yes
—
9 Hank Manz Yes No Yes Yes Yes Yes Yes Yes
9 Wendy Manz Yes No Yes Yes Yes Yes Yes Yes
Christina
9 Murray
9 Dilip Patel Yes
9 Janet Perry Yes No Yes Yes Yes Yes Yes Yes
9 Lisah Rhodes Yes No Yes Yes Yes Yes Yes Yes
Thomas
9 Shiple Yes No Yes Yes Yes Yes Yes Yes
Justine
9 Wirtanen
Total =Yes 173 14 173 166 162 154 165 171
Total 2=No 0 159 0 4 7 5 3 0
Total 3=
Abstain 2 4 3 2 2 1 6 2
Total Voters 175 177 176 172 171 160 174 173
Pass/Fail Pass Fail Pass Pass Pass Pass Pass Pass
Special Town Meeting-2020-2&3 October 21,2020 November 9,2020
STM-2 STM-2 STM-2: STM-2 STM-3 STM-2 STM-2 STM-2 STM-2
Article Article Article Article Article Article Article Article Article 6:
3: 3: 5: 4: 7: 6: 6: 6: Authorize
Amend- Amend Amend Declare Land Amend- Amend- Amend- Sp.Legsltn.
ment Gen. Gen. Climate Acquisi- ment ment ment Developmt.
Bylaws- Bylaws- Emer- tion Sect.5 Sect.1 Sect.8 Surcharge
Noise Running gency for Comm.
Control Bamboo Housing
Control
Pct Name
0 Mike Barrett
Suzanne
0 Barry No Yes Yes Yes Yes No No No Yes
Deborah
0 Brown Abstain Abstain Abstain Abstain Abstain Abstain Abstain Abstain Abstain
Michelle
0 Ciccolo Yes
0 Jill Hai No Yes Yes Yes Yes No No No Yes
Douglas
0 Lucente No Yes Yes Yes Yes No Abstain Abstain No
0 Joe Pato No Yes Yes Yes No No No Yes
Mark
0 Sandeen No Yes Yes Yes Yes No No No Yes
John
1 Bartenstein Yes Yes Abstain Yes Yes No No Yes Yes
Sandhya
1 Beebee No Yes Yes Yes Yes No No No Yes
1 Jean Cole Yes Yes Yes Yes Yes No No No Yes
1 Robert Cunha Yes Yes Yes No Yes No Yes
Larry
1 Freeman Yes Yes Yes Yes Yes No No No Yes
Brian
1 Heffernan Yes Yes Yes Yes Yes No No No Yes
1 Hongbin Luo Yes Yes Yes Yes Yes No No No No
Eric
1 Michelson Yes Yes Yes Yes No No No Yes
Noah
1 Michelson No Yes Yes Yes Yes No No No Yes
Meg
1 Muckenhoupt No Yes Yes Yes Yes No No No Yes
Valerie
1 Overton Yes Yes Yes Yes Yes No No No Yes
Jayanthi
1 Rangan Yes Yes Yes Yes
1 John Rossi No Yes No Yes Yes No No Yes Yes
Barry
1 Sampson Yes Yes Yes Yes Yes Yes Yes Yes Yes
Carol
1 Sampson Yes Yes Yes Yes Yes Yes Yes Yes Yes
Mary Ann
1 Stewart
Bella
1 Tsvetkova Yes Yes Yes No No No Yes No
1 Lucy Wall Yes Yes Yes Yes No Yes No Yes
1 Yingjie Wei Yes Yes No No Abstain No No No
1 Albert Zabin Yes Yes Yes Yes Yes Yes No No Yes
1 Judith Zabin No Yes Yes Yes Yes No No No Yes
2 Avram Baskin Yes Yes Yes Yes Yes No No No Yes
Marian
2 Cohen Yes Yes Yes Yes Yes No Abstain Abstain Abstain
Matthew
2 Cohen Yes Yes Yes Yes Yes No No No Yes
2 Matt Daggett Abstain Yes Yes No No No Yes
Jason
2 Denoncourt
Kathryn
2 Fields
2 Rita Goldberg No Yes Yes Yes Yes No No No Yes
2 Ajay Joseph Yes Yes No Yes Yes No No Yes Yes
2 Ingrid Klimoff No Yes Abstain Yes Yes Yes Yes Yes No
2 Paul Lapointe No Yes Yes
2 Peter Lee Yes Yes Yes Yes Yes No No No Yes
Mark
2 Manasas Yes No No No Yes
Barry
2 Orenstein No Yes Yes Yes Yes No No No Yes
Michael
2 O'Sullivan
2 Peg Ouellette Yes Yes Yes Yes Yes No No No Yes
2 RickiPappo Yes Yes Yes Yes Yes No No No Yes
2 Syed Rizvi Yes Yes Yes Yes No No Yes Yes
Kenneth
2 Shine Yes Yes Yes No Yes Yes Yes Yes No
2 Juan Stella No Yes Yes
Jonathan
2 Suber Yes Yes Yes Yes Yes No No No Yes
2 Betsey Weiss No Abstain Yes Yes Abstain No No Yes Yes
Courtney
3 Apgar Yes Yes Yes Yes No No No No Yes
3 Joshua Apgar Yes Yes Yes Yes No Yes No No Yes
3 Cynthia Arens Yes Yes Yes Yes Yes No No No Yes
Delanot
3 Bastien No Yes Yes Yes Yes Yes Yes Yes Yes
Shirley
3 Frawley
Steven
3 Heinrich No Yes Yes Yes Yes No No No Yes
3 Nancy Hubert Yes Yes Yes No Yes
David
3 Kaufman No Yes Yes Yes Yes No No No Yes
Jeanne
3 Krieger No Yes Yes Yes Yes No Yes No Yes
Vineeta
3 Kumar Yes Yes Yes
3 Henry Lau
Rena
3 Maliszewski Yes Yes Yes Yes Yes No No No Yes
Michael
3 Martignetti Yes
3 Glenn Parker No Yes Yes Yes Yes No No Yes Yes
3 Letha Prestbo No Yes Yes Yes No No No No Yes
Robert
3 Rotberg Yes Yes Yes Yes Yes No Yes No Yes
Michael
3 Schanbacher No Yes Yes Yes No No No No Yes
3 Frank Smith No Yes Yes Yes Yes No No No Yes
Amit
3 Srivastava
Margaret
3 Storch
3 Stanley Yap
Alessandro
4 Alessandrini Yes No No No Yes
4 Nyles Barnert Yes Yes Yes Yes Yes No No No Yes
4 Gloria Bloom Yes Yes Yes Yes Yes No No Yes Yes
Michael
4 Boudett No Yes Yes Yes Yes No No Yes Yes
Lawrence
4 Chan Yes Yes Yes Yes Yes No No No Yes
Norman
4 Cohen No Yes Yes Yes Yes No No No Yes
4 Robert Cohen No No No No No
Kathryn
4 Colburn Yes Yes Yes Yes Yes No No No Yes
4 Katie Cutler Yes Yes Yes Yes Yes No No Yes Yes
4 Peter Enrich Yes Yes Yes Yes Yes No No No Yes
Thomas
4 Griffiths No Yes Yes Yes Yes No Yes No Yes
4 Eileen Jay No Yes Yes Yes Yes No No No Yes
4 Charles Lamb No Yes Yes Yes Yes No No No Yes
Kathleen
4 Lenihan No Yes Yes Yes Yes No No No Yes
Susan
4 McLeish Yes Yes Yes Yes Yes No No No Yes
4 Lisa OBrien No Yes Yes Yes Yes No No No Yes
4 Gerald Paul Yes No
4 1 Sandra Shaw No Yes Yes Yes Yes No Yes I No Yes
Nancy
4 Shepard Yes Yes Yes Yes Yes No No No Yes
4 Claire Sheth
4 Ruth Thomas Yes Yes Yes Yes Yes No No No Yes
5 Anil Ahuja Yes Yes Yes Yes Yes No Yes Yes Yes
Robert
5 Balaban No Yes Yes Yes Yes Yes No No Yes
Nancy
Corcoran-
5 Ronchetti No Yes Yes Yes
5 Judy Crocker Yes Yes Yes Yes Yes No No No Yes
5 Irene Dondley No Yes Yes Yes Yes No No No Yes
Marilyn
5 Fenollosa Yes Yes Yes Yes Yes No No No Yes
Andrew
5 Friedlich Yes Yes Yes Yes Yes No No No Yes
Anthony
5 Galaitsis No Yes Yes Yes Yes No No Yes Yes
Aneesha
5 Karody Yes Yes Yes Yes Yes No Yes Yes Yes
Steven
5 Kaufman No Yes No Yes Yes No No Yes No
5 Pamela Lyons Yes Yes Yes Yes Yes No No No Yes
Jerold
5 Michelson No Yes Yes Yes Yes No No No Yes
Dick
5 Neumeier
5 Rita Pandey Abstain Yes Yes Yes Yes Abstain Abstain No Yes
Marc
5 SaintLouis No Yes Yes Yes Yes No No No Yes
Melanie
5 Thompson No Yes Yes Yes Yes No No Yes Yes
M.Masha
5 Traber No Yes Yes Yes Yes No No No Yes
David
5 Williams Yes No
5 Lin Xu No Yes Yes Yes Yes Yes Yes Yes Yes
5 Lily Yan Yes Yes Yes Yes Yes No No No Yes
5 John Zhao Yes Yes Abstain Yes Yes No No Yes Yes
Mark
6 Andersen Yes Yes I Yes Yes No
Sara Bothwell
6 Allen Yes Yes Yes Yes Yes No No No Yes
Christian
6 Boutwell No Yes Yes Yes Yes No No No No
Margaret
6 Counts-Klebe Yes No No No Yes
6 Bebe Fallick Yes Yes Yes Yes Yes Yes Abstain Yes No
Andrea
6 Fribush Yes Yes Yes Yes Yes No No No Yes
Edmund
6 Grant No Yes Yes Yes No
Jonathan
6 Himmel Yes Yes Yes Yes Yes No No Yes
Frederic
6 Johnson No Yes Yes Yes Yes No No No Yes
Morton
6 Kahan Yes Yes Yes Yes Yes Yes Yes No Yes
Jyotsna
6 Kakullavarapu No Yes Yes Yes Yes No
6 Brian Kelley No No Yes Yes Yes No No No No
Trisha
6 Kennealy Yes No No No
Rina
6 Kodendera Yes Yes Yes Yes Yes No No No Abstain
Innessa
6 Manning No Yes Yes Yes Yes No No No No
Bridger
6 McGaw No Yes Yes Yes Yes No No No Yes
Dawn
6 McKenna Yes Yes Yes Yes Yes Yes Yes Yes No
6 Dinesh Patel Yes Yes Yes Yes Yes Yes Yes Yes Yes
Deepika
6 Sawhney No Yes Yes Yes Yes No No No Yes
Deborah
6 Strod No Yes Yes Yes Yes No No No Yes
6 Vinita Verma Yes Yes Yes Yes Yes No Yes No Yes
7 Marsha Baker Yes Yes Yes Yes
George
7 Burnell No Yes Yes Yes Yes No No No No
7 Mary Burnell No Yes Yes Yes Yes No No No Yes
Patricia
7 Costello Yes Yes Yes Yes Yes No No No Yes
Robert
7 Creech Yes Yes Yes Yes Yes No No No Yes
Sara
7 Cuthbertson No Yes Yes Yes Yes No No No Yes
Harry
7 Forsdick Yes Yes Yes Yes Yes No No Yes
Mary
7 Hamilton No Yes Yes Yes Yes No No No Yes
Philip
7 Hamilton No Yes Yes Yes Yes No No No Yes
Stacey
7 Hamilton No Yes Yes Yes Yes No No No Yes
7 Pam Hoffman No I Yes Yes Yes Yes No No No Yes
7 Vikas Kinger Yes Yes Yes Yes Yes Yes No
7 Ravish Kumar Yes No No No Yes
Samita
7 Mandelia Yes Yes Yes Yes Yes No No Yes Abstain
Raul
Marques-
7 Pascual Yes Yes No Yes
7 Tina McBride Yes Yes Yes Yes Yes No No No Yes
Benjamin
7 Moroze No Yes Yes Yes Yes No No No Yes
7 Robert Peters Yes Yes Yes Yes Yes No Yes Yes Yes
7 Umesh Shelat Yes Yes Yes Yes No No Yes No
7 Taylor Singh Yes Yes Yes Yes Yes No No No Yes
Christine
7 Southworth Yes Yes Abstain Abstain
Robert
8 Avallone No Yes Yes Yes Yes No No No Yes
Becky
8 Barrentine Yes Yes Yes Yes Yes No
8 Lauren Black Yes Yes Yes Yes Yes No No I No Yes
Shailesh
8 Chandra Yes Yes Yes Yes Yes Yes No No Yes
8 Gang Chen Yes Yes Yes Yes Yes No No No Yes
Margaret
8 Enders Yes Yes Yes Yes Yes Abstain No Yes
8 Betty Gau Yes Yes Yes Yes Yes No No No Yes
8 David Horton Yes Yes Yes Yes Yes No Yes No Yes
8 Lin Jensen Yes Yes Yes Yes Yes No No No Yes
8 Alan Levine Yes Yes Yes Yes Yes No No Yes Yes
8 Lisa Mazerall No No Yes
8 Brielle Meade Yes Yes Yes Yes Yes No No No Yes
8 James Osten No Yes Yes Yes Yes No Yes Yes
8 Sanjay Padaki Yes Yes Yes Yes Yes No No Yes No
Andrei
Radulescu-
8 Banu Yes Yes Yes Yes Yes No No Yes Yes
Wendy
8 Reasenberg Yes Yes Yes Yes Yes Yes Yes No Yes
Jessie
8 Steigerwald Yes Yes Yes Yes Yes No No No
Melinda
8 Walker No Yes No Yes Yes No Yes No Yes
Weidong
8 Wang Yes Yes Yes Yes Yes No No Yes Yes
8 Teresa Wright No Yes Yes Yes Yes No No No Yes
8 Yu Wu
9 Alice Adler No Yes Yes Yes Yes No No No Yes
Hemaben
9 Bhatt Yes Yes Yes Yes Yes No No No Yes
9 Victoria Blier Yes Yes Yes Yes Abstain No No No Yes
9 Scott Bokun No Yes Yes Yes Yes No No No Yes
Victoria
9 Buckley No Yes Yes Yes Yes No No No Yes
Jeanne
9 Canale Yes Yes Yes Yes Yes No No No Yes
Richard
9 Canale Yes Yes Yes Yes Yes No No No Yes
9 Rodney Cole Yes Yes Yes No No No Yes
Margaret
9 Coppe No Yes Yes Yes Yes No Yes No Yes
9 Thomas Fenn Yes Yes Yes Yes No No No No
Mollie
9 Garberg No Yes Yes Yes Yes No
9 Philip Jackson Yes Yes Yes Yes Abstain No No No Yes
9 Suzanne Lau Yes Yes Yes Yes No No No No Yes
9 Hank Manz No Yes Yes Yes Yes No No No Yes
9 Wendy Manz No Yes Yes Yes Yes No No No Yes
Christina
9 Murray
9 Dilip Patel Yes
9 Janet Perry No I Yes Yes Yes Yes No No No No
9 Lisah Rhodes No Yes Yes Yes Yes No No No Yes
Thomas
9 Shiple Yes Yes Yes Yes No No No No Yes
Justine
9 Wirtanen Yes
Total 1=Yes 90 163 150 156 163 19 26 34 138
Total 2=No 73 2 6 1 9 145 130 127 21
Total 3=
Abstain 2 2 5 1 4 4 6 4 4
Total Voters 165 167 161 158 176 168 162 165 162
Pass/Fail Pass Pass Pass Pass Pass Fail Fail Fail Pass
Special Town Meeting-2020-2&3 November 12,2020 November 18,2020
STM-2 STM-2 STM-2 STM-2 STM-2 STM-2 STM-2
Article Article Article Article Article 10: Article Article 17:
16: 16: 18: 10: Amend 17: Amend
Substi- Amend Amend Amend- Zoning Motion to Zoning
tute Zoning Zoning ment Bylaw- Substitute Bylaw&Map
Motion Bylaw& Bylaw-Fr. Short Bedford St.
Map- Yard, Term Near
Hartwell Transi- Rentals Hartwell
Ave. ition& w/Friendly Ave.
Area Screening Amend-
ment
Pct Name
0 Mike Barrett
Suzanne
0 Barry No Yes Yes No Yes No Yes
Deborah
0 Brown Abstain Abstain Abstain Abstain Abstain Abstain Abstain
Michelle
0 Ciccolo
0 Jill Hai No Yes Yes No Yes No Yes
Douglas
0 Lucente No Yes Yes No Yes No Yes
0 Joe Pato No Yes Yes No Yes No Yes
Mark
0 Sandeen No Yes Yes No Yes No Yes
John
1 Bartenstein Yes No Yes No Yes Yes Yes
Sandhya
1 Beebee No Yes Yes No Yes No Yes
1 Jean Cole No Yes Yes Yes Yes No Yes
1 Robert Cunha No Yes Yes Yes Yes No Yes
Larry
1 Freeman No Yes Yes No No No Yes
Brian
1 Heffernan No Yes Yes Yes Yes No Yes
1 Hongbin Luo No Yes Yes Yes Yes No Yes
Eric
1 Michelson No Yes Yes No Yes No Yes
Noah
1 Michelson No Yes Yes No Yes No Yes
Meg
1 Muckenhoupt No Yes Yes No No No Yes
Valerie
1 Overton No Yes Yes No Yes No Yes
Jayanthi
1 Rangan Yes Yes Yes Yes
1 John Rossi No Yes Yes Yes Yes Yes Yes
Barry
1 Sampson No Yes No No Yes No Yes
Carol
1 Sampson No Yes No No Yes No Yes
Mary Ann
1 Stewart
Bella
1 Tsvetkova Yes No Abstain Yes Yes Yes No
1 Lucy Wall No Yes Yes No Yes No Yes
1 Yingjie Wei No Yes Yes
1 Albert Zabin No No Yes No Yes Yes No
1 Judith Zabin No Yes Yes No Yes Yes No
2 Avram Baskin Yes No Yes No Yes Yes No
Marian
2 Cohen No Yes Yes No
Matthew
2 Cohen Abstain Abstain Yes No No Yes
2 Matt Daggett Yes No No Abstain Abstain Yes No
Jason
2 Denoncourt
Kathryn
2 Fields No Yes Yes No Yes No Yes
2 Rita Goldberg No Yes Yes No Yes Yes No
2 Ajay Joseph Yes No No No Yes Yes No
2 Ingrid Klimoff No Yes Yes No Yes No Yes
2 Paul Lapointe
2 Peter Lee Yes Yes Abstain Yes
Mark
2 Manasas No Yes Yes Yes Yes No Yes
Barry
2 Orenstein No Yes Yes Yes Yes Yes No
Michael
2 O'Sullivan
2 Peg Ouellette Yes Yes No Yes Yes
2 Ricki Pappo No Yes Yes No Yes No Yes
2 Syed Rizvi No Yes Yes No Yes No No
Kenneth
2 Shine Yes Yes Yes Yes Yes No
2 Juan Stella No
Jonathan
2 Suber No Yes Yes No Yes Yes Yes
2 Betsey Weiss No Yes Yes No Yes No Yes
Courtney
3 Apgar No Yes Yes No Yes No Yes
3 Joshua Apgar No Yes Yes No Yes No Yes
3 Cynthia Arens Yes Yes Abstain No Yes Yes No
Delanot
3 Bastien Yes Yes Yes No No
Shirley
3 Frawley
Steven
3 Heinrich No Yes Yes No Yes Yes Yes
3 Nancy Hubert
David
3 Kaufman No Yes Yes No Yes Yes No
Jeanne
3 Krieger No Yes Yes No Yes No Yes
Vineeta
3 Kumar
3 Henry Lau Yes Yes Yes No Yes No
Rena
3 Maliszewski Yes Yes Yes No Yes Yes No
Michael
3 Martignetti No Yes Yes No Yes No Yes
3 Glenn Parker No Yes Yes No Yes No Yes
3 Letha Prestbo No Yes Yes No Yes No Yes
Robert
3 Rotberg Yes No Yes Yes Yes Yes No
Michael
3 Schanbacher No Yes Yes No Yes No Yes
3 Frank Smith No Yes Yes No Yes No Yes
Amit
3 Srivastava
Margaret
3 Storch
3 Stanley Yap
Alessandro
4 Alessandrini No Yes Yes Yes Yes Yes No
4 Nyles Barnert No Yes Yes No Yes Yes No
4 Gloria Bloom Yes No Yes Yes Yes Yes No
Michael
4 Boudett No Yes Yes No Yes No Yes
Lawrence
4 Chan No Yes Yes No Yes No Yes
Norman
4 Cohen No Yes Yes No Yes No Yes
4 Robert Cohen No Yes Yes No No No Yes
Kathryn
4 Colburn No Yes Yes No Yes Yes No
4 Katie Cutler No Yes Yes
4 Peter Enrich No Yes Yes No Yes Yes No
Thomas
4 Griffiths No Yes Yes Yes Yes Yes No
4 Eileen Jay No Yes Yes Yes Yes No No
4 Charles Lamb No Yes Yes No Yes No Yes
Kathleen
4 Lenihan No Yes Yes No Yes No Yes
Susan
4 McLeish No Yes Yes No Yes Yes Yes
4 Lisa OBrien No Yes Yes No Yes No No
4 Gerald Paul No Yes Yes No Yes No Abstain
4 Sandra Shaw No Yes Yes Yes Yes No Yes
Nancy
4 Shepard No Yes Yes No Yes No Yes
4 Claire Sheth No Yes Yes No Yes No Abstain
4 Ruth Thomas Yes No Yes Yes Abstain Yes No
5 Anil Ahuja Abstain Yes Yes Yes No Yes No
Robert
5 Balaban No Yes Yes No Yes No Yes
Nancy
Corcoran-
5 Ronchetti No Yes Yes No Yes
5 Judy Crocker No Yes Yes No Yes No Yes
5 Irene Dondley No Yes Yes No Yes No Yes
Marilyn
5 Fenollosa Yes No Yes Yes No
Andrew
5 Friedlich No Yes Yes Yes Yes No Yes
Anthony
5 Galaitsis No Yes Yes No Yes No Yes
Aneesha
5 Karody Yes Yes Yes No
Steven
5 Kaufman No Yes Yes Yes Yes No Yes
5 Pamela Lyons No Yes Yes No Yes No Yes
Jerold
5 Michelson No Yes Yes Yes I Yes No Yes
Dick
5 Neumeier
5 Rita Pandey No Yes Yes Abstain Yes Abstain Abstain
Marc
5 SaintLouis No Yes No No Yes No No
Melanie
5 Thompson No Yes Yes Yes Yes No Yes
M.Masha
5 Traber No Yes Yes No Yes Yes Yes
David
5 Williams No Yes Yes Yes Yes No Yes
5 Lin Xu Yes No Yes Yes Yes No
5 Lily Yan Yes No Yes
5 John Zhao No No Yes Abstain Yes Yes No
Mark
6 Andersen No Yes Yes No I Yes No Yes
Sara Bothwell
6 Allen No Yes Abstain No Yes Yes No
Christian
6 Boutwell No Yes Yes No Yes No No
Margaret
6 Counts-Klebe No Yes Yes No Yes Yes No
6 Bebe Fallick No Yes Yes Yes Yes Yes No
Andrea
6 Fribush Yes No Yes Yes Yes Yes No
Edmund
6 Grant No Yes Yes No Yes No Yes
Jonathan
6 Himmel No Yes Yes No Yes Yes Yes
Frederic
6 Johnson No Yes Yes No Yes No Yes
Morton
6 Kahan No No Yes No Yes Yes No
Jyotsna
6 Kakullavarapu No Yes
6 Brian Kelley No Yes Yes No Yes No Yes
Trisha
6 Kennealy No Yes Yes
Rina
6 Kodendera No Yes Yes
Innessa
6 Manning No Yes Yes No Yes No No
Bridger
6 McGaw No Yes Yes No Yes No Yes
Dawn
6 McKenna No Yes Yes No Yes Yes No
6 Dinesh Patel No Yes Yes No Yes No Yes
Deepika
6 Sawhney Yes No Yes No Yes Yes No
Deborah
6 Strod No Yes Yes No Yes Yes No
6 Vinita Verma Yes No Yes No Yes Yes No
7 Marsha Baker No Yes No Yes
George
7 Burnell No Yes Yes No Yes No Yes
7 1 Mary Burnell No Yes Yes No Yes No No
Patricia
7 Costello No Yes Yes Yes Yes No Yes
Robert
7 Creech No Yes Yes No Yes Yes No
Sara
7 Cuthbertson No Yes Yes No Yes No No
Harry
7 Forsdick No Yes Yes Yes Yes No Yes
Mary
7 Hamilton No Yes Yes No Yes Yes No
Philip
7 Hamilton No Yes Yes No Yes Yes No
Stacey
7 Hamilton Yes No Yes No Yes Yes No
7 Pam Hoffman No Yes Yes No Yes Yes No
7 Vikas Kinger No Yes Yes Yes
7 Ravish Kumar Yes No No Yes Yes No
Samita
7 Mandelia Yes No Yes Abstain Yes Yes No
Raul
Marques-
7 Pascual No Yes No Yes Yes No
7 Tina McBride Yes No Abstain Abstain Yes Yes No
Benjamin
7 Moroze Yes No Yes Yes Yes Yes No
7 Robert Peters No Yes Yes No Yes Abstain Abstain
7 Umesh Shelat No Yes Yes Yes Yes No Yes
7 Taylor Singh Abstain No Abstain No Yes No Yes
Christine
7 Southworth Yes No No
Robert
8 Avallone No Yes Yes No Yes No Yes
Becky
8 Barrentine No No Yes No
8 Lauren Black No Yes Yes No Yes No Yes
Shailesh
8 Chandra No Yes Yes No Yes Yes No
8 Gang Chen No Yes Yes No Yes No Yes
Margaret
8 Enders No Yes No Yes Yes No
8 Betty Gau No Yes Yes No Yes No No
8 David Horton No Yes Yes Yes Yes No Yes
8 Lin Jensen Yes No Abstain Yes Yes Yes No
8 Alan Levine Yes No Yes Yes Yes Yes No
8 Lisa Mazerall No Yes Abstain
8 Brielle Meade No Yes Yes No No No Yes
8 James Osten Yes Yes Yes Yes No Yes
8 Sanjay Padaki No Yes Yes No Yes Yes No
Andrei
Radulescu-
8 Banu No Yes Yes Yes Yes Yes No
Wendy
8 Reasenberg Yes No Yes Yes Yes No Yes
Jessie
8 Steigerwald No Yes No
Melinda
8 Walker No Yes Yes No Yes No Yes
Weidong
8 Wang No Yes Yes Yes Yes No Yes
8 Teresa Wright No Yes Yes No Yes No Yes
8 Yu Wu
9 Alice Adler No Yes Yes No Yes No Yes
Hemaben
9 Bhatt Yes No Yes Yes Yes Yes No
9 Victoria Blier No Yes Yes No Yes Yes Abstain
9 Scott Bokun No Yes Yes No Yes Yes No
Victoria
9 Buckley No Yes Yes Yes Yes No Yes
Jeanne
9 Canale Yes No No No Yes Yes No
Richard
9 Canale Yes No Yes No Yes Yes No
9 Rodney Cole No Yes No Yes No Yes
Margaret
9 Coppe No Yes Yes No Yes No Yes
9 Thomas Fenn Yes Yes Yes No
Mollie
9 Garberg No Yes Yes No Yes No Yes
9 Philip Jackson Yes No Abstain No Yes Yes No
9 Suzanne Lau No No Yes No Yes Yes No
9 Hank Manz No Yes Yes No Yes No yes
9 Wendy Manz No Yes Yes No Yes No Yes
Christina
9 Murray No Yes Yes Yes No Yes
9 Dilip Patel Yes Yes
9 Janet Perry Yes No Yes No Yes No Yes
9 Lisah Rhodes No Yes Yes No Yes No Yes
Thomas
9 Shiple No No Yes No Yes Yes No
Justine
9 Wirtanen No Yes Yes
Total 1=Yes 32 137 151 44 160 69 92
Total 2=No 134 33 6 121 6 96 72
Total 3=
Abstain 4 2 8 6 4 4 6
Total Voters 170 172 165 171 170 169 170
Pass/Fail Fail Pass Pass Fail Pass Fail Fail
Special Town Meeting-2020-2&3 November 19,2020
STM-2 STM-2 STM-2 STM-2 STM-2 STM-2 Article STM-2
Article Article Article Article Article 14:Amend Artcle 15:
11: 11: 11: 12: 13: Zoning Bylaw- Amend
Amend Substitute Amend Amend Amend Wireless Zoning
Zoning Motion: Zoning Zoning Zoning Communication Bylaw-
Bylaw- (c) Bylaw- Bylaw- Bylaw- Facilities Technical
Site Site Plan Financial Solar Corrections
Plan Review, Services Energy
Review as Systems
(a,b,d) amended
(c)
Pct Name
0 Mike Barrett
0 Suzanne Barry Yes Yes Yes Yes Yes Yes Yes
Deborah
0 Brown Abstain Abstain Abstain Abstain Abstain Abstain Abstain
Michelle
0 Ciccolo
0 Jill Hai Yes Yes Yes Yes Yes Yes Yes
Douglas
0 Lucente Yes Yes Yes Yes Yes Yes Yes
0 Joe Pato Yes Yes Yes Yes Yes Yes Yes
0 Mark Sandeen Yes Yes Yes Yes Yes Yes Yes
John
1 Bartenstein Yes Yes Yes Yes Yes Yes Yes
Sandhya
1 Beebee Yes Yes Yes Yes Yes Yes Yes
1 Jean Cole Yes Yes Yes Yes Yes Yes Yes
1 Robert Cunha Yes Yes Yes Yes Yes Yes
1 Larry Freeman Yes Yes Yes Yes Yes Yes Yes
Brian
1 Heffernan Yes Yes Yes Yes Yes Yes Yes
1 Hongbin Luo Yes Yes Yes Yes Yes Yes Yes
1 Eric Michelson Yes Yes Yes Yes Yes Yes Yes
Noah
1 Michelson Yes Yes Yes Yes Yes Yes Yes
Meg
1 Muckenhoupt Yes Yes Yes Yes Yes Yes Yes
Valerie
1 Overton Yes Yes Yes Yes Yes Yes Yes
Jayanthi
1 Rangan Yes Yes Yes Yes Yes Yes Yes
1 John Rossi Yes Yes Yes Yes Yes Yes Yes
1 Barry Sampson Yes Yes Yes Yes Yes Yes Yes
1 Carol Sampson Yes Yes Yes Yes Yes Yes Yes
Mary Ann
1 Stewart
1 Bella Tsvetkova No Yes Yes Yes Yes Yes Yes
1 Lucy Wall Yes Yes Yes Yes Yes Yes Yes
1 Yingjie Wei Yes Yes Yes Yes Yes Yes Yes
1 Albert Zabin Yes Yes Yes Yes Yes Yes Yes
1 Judith Zabin Yes Yes Yes Yes Yes Yes Yes
2 Avra m Baskin Yes Yes Yes Yes Yes Yes Yes
2 Marian Cohen Yes Yes Yes Yes Abstain Yes Yes
Matthew
2 Cohen Yes Yes Yes Yes Yes Yes
2 Matt Daggett Abstain Abstain Abstain Abstain Yes No Yes
Jason
2 Denoncourt
2 Kathryn Fields Yes Yes Yes Yes Yes
2 Rita Goldberg Yes Yes Yes Yes Yes Yes Yes
2 Ajay Joseph Yes Yes Yes Yes Yes Yes
2 Ingrid Klimoff Yes Yes Yes Yes Yes Yes Yes
2 Paul Lapointe
2 Peter Lee Yes Yes Yes Yes Yes Yes Yes
2 Mark M anasas Yes Yes Yes Yes Yes Yes Yes
Barry
2 Orenstein Yes Yes Yes Yes Yes Yes Yes
Michael
2 O'Sullivan
2 Peg Ouellette Yes Yes Yes Yes Yes Yes Yes
2 RickiPappo Yes Yes Yes Yes Yes Yes Yes
2 Syed Rizvi Yes Yes Yes Yes
2 Kenneth Shine Yes Yes Yes Yes Yes
2 Juan Stella
Jonathan
2 Suber Yes Yes Yes Yes Yes Yes Yes
2 Betsey Weiss Yes Yes Yes Yes Yes Yes Yes
Courtney
3 Apgar Yes Yes Yes Yes Yes Yes Yes
3 Joshua Apgar Yes Yes Yes Yes Yes Yes Yes
3 Cynthia Arens Yes Yes Yes Yes Yes Yes Yes
Delanot
3 Bastien
3 Shirley Frawley
Steven
3 Heinrich Yes Yes Yes Yes Yes Yes Yes
3 Nancy Hubert
3 David Kaufman Yes Yes Yes Yes Yes Yes Yes
3 Jeanne Krieger Yes Yes Yes Yes Yes Yes Yes
3 Vineeta Kumar
3 Henry Lau Yes Yes Yes Yes Yes Yes Yes
Rena
3 Maliszewski Yes Yes Yes Yes Yes Yes Yes
Michael
3 Martignetti
3 Glenn Parker Yes Yes Yes Yes Yes Yes Yes
3 Letha Prestbo Yes Yes Yes Yes Yes Yes Yes
3 Robert Rotberg Yes Yes Yes Yes Yes Yes Yes
Michael
3 Schanbacher Yes Yes Yes Yes Yes Yes Yes
3 Frank Smith Yes Yes Yes Yes Yes Yes Yes
3 Amit Srivastava
Margaret
3 Storch
3 Stanley Yap
Alessandro
4 Alessandrini Yes Yes Yes Yes Yes Yes Yes
4 Nyles Barnert Yes Yes Yes Yes Yes Yes Yes
4 Gloria Bloom Yes Yes Yes Yes Yes Yes Yes
Michael
4 Boudett Yes Yes Yes Yes Yes Yes Yes
4 Lawrence Chan Yes Yes Yes Yes Yes Yes Yes
4 Norman Cohen Yes Yes Yes Yes Yes Yes Yes
4 Robert Cohen Yes Yes Yes Yes Yes Yes Yes
Kathryn
4 Colburn Yes Yes Yes Yes Yes Yes Yes
4 Katie Cutler
4 Peter Enrich Yes Yes Yes Yes Yes Yes Yes
Thomas
4 Griffiths Yes Yes Yes Yes Yes Yes
4 Eileen Jay Yes Yes Yes Yes Yes Yes Yes
4 Charles Lamb Yes Yes Yes Yes Yes Yes Yes
Kathleen
4 Lenihan Yes Yes Yes Yes Yes Yes Yes
4 Susan McLeish Yes Yes Yes Yes Yes Yes Yes
4 Lisa OBrien Yes Yes Yes Yes Yes Yes Yes
4 Gerald Paul Yes Yes Yes Yes Yes Yes Yes
4 Sandra Shaw Yes Yes Yes Yes Yes Yes Yes
4 Nancy Shepard Yes Yes Yes Yes Yes Yes Yes
4 Claire Sheth Yes Yes Yes Yes Yes Yes Yes
4 Ruth Thomas Yes Yes Yes Yes Yes Yes Yes
5 Anil Ahuja Yes Yes Yes Yes Yes Yes Yes
5 Robert Balaban Yes Yes Yes Yes Yes Yes Yes
Nancy
Corcoran-
5 Ronchetti Yes Yes Yes Yes Yes Yes Yes
5 Judy Crocker Yes Yes Yes Yes Yes Yes Yes
5 Irene Dondley Yes Yes Yes Yes Yes Yes Yes
Marilyn
5 Fenollosa Yes Yes Yes Yes Yes Yes Yes
Andrew
5 Friedlich Yes Yes Yes Yes Yes Yes Yes
Anthony
5 Galaitsis Yes Yes Yes Yes Yes Yes Yes
Aneesha
5 Karody Yes Yes Yes Yes Yes Yes Yes
Steven
5 Kaufman Abstain Yes Yes Yes Yes Yes Yes
5 Pamela Lyons Yes Yes Yes Yes Yes Yes Yes
Jerold
5 Michelson Yes Yes Yes Yes Yes Yes Yes
5 Dick Neumeier
5 Rita Pandey Yes Yes Yes Yes Yes Yes Yes
Marc
5 SaintLouis Yes Yes Yes Yes Yes Yes
Melanie
5 Thompson Yes Yes Yes Yes Yes Yes Yes
M.Masha
5 Traber Yes Yes Yes Yes Yes Yes Yes
5 David Williams Yes Yes Yes Yes Yes Yes
5 Lin Xu Yes Yes Yes Yes Yes Yes
5 Lily Yan
5 John Zhao Yes Yes Yes Yes Yes Yes Yes
6 Mark Andersen Yes No Abstain Abstain Abstain Yes
Sara Bothwell
6 Allen Yes Yes Yes Yes Yes Yes Yes
Christian
6 Boutwell Yes Yes Yes Yes Yes Yes Yes
Margaret
6 Counts-Klebe Yes Yes Yes Yes Yes Yes Yes
6 Bebe Fallick Yes Yes Yes Yes Yes Yes Yes
6 Andrea Fribush Yes Yes Yes Yes Yes Yes Yes
6 Edmund Grant
Jonathan
6 Himmel Yes Yes Yes Yes Yes Yes Yes
Frederic
6 Johnson Yes Yes Yes Yes Yes Yes Yes
6 Morton Kahan Yes Yes Yes Yes Yes Yes Yes
Jyotsna
6 Kakullavarapu Yes Yes Yes Yes Yes Yes Yes
6 Brian Kelley Yes Yes Yes Yes Yes Yes Yes
Trisha
6 Kennealy Yes Yes Yes Yes Yes Yes
Rina
6 Kodendera Yes Yes Yes Yes Yes Abstain Yes
Innessa
6 Manning Yes Yes Yes Yes Yes Yes Yes
Bridger
6 McGaw Yes Yes Yes Yes Yes
Dawn
6 McKenna Yes Yes Yes Yes Yes Yes Yes
6 Dinesh Patel Yes Yes Yes Yes Yes Yes Yes
Deepika
6 Sawhney Yes Yes Yes Yes Yes Yes Yes
6 Deborah Strod Yes Yes Yes Yes Yes Yes Yes
6 Vinita Verma Yes Yes Yes Yes Yes Yes Yes
7 Marsha Baker Yes Yes Yes Yes Yes Yes Yes
7 George Burnell Yes Yes Yes Yes Yes Yes Yes
7 Mary Burnell Yes Yes Yes Yes Yes Yes Yes
Patricia
7 Costello Yes Yes Yes Yes Yes Yes Yes
7 Robert Creech Yes Yes Yes Yes Yes Yes Yes
Sara
7 Cuthbertson Yes Yes Yes Yes Yes Yes Yes
7 Harry Forsdick Yes Yes Yes Yes Yes Yes Yes
7 Mary Hamilton Yes Yes Yes Yes Yes Yes Yes
7 Philip Hamilton Yes Yes Yes Yes Yes Yes Yes
Stacey
7 Hamilton Yes Yes Yes Yes Yes Yes Yes
7 Pam Hoffman Yes Yes Yes Yes Yes Yes Yes
7 Vikas Kinger Yes Yes Yes Yes Yes Yes Yes
7 Ravish Kumar I Yes Yes Yes Yes Yes Yes Yes
Samita
7 Mandelia Yes Yes Yes Yes Yes Yes Yes
Raul Marques-
7 Pascual Yes Yes Yes Yes Yes
7 Tina McBride Yes Yes Yes Yes Yes Yes Yes
Benjamin
7 M oroze Yes Yes Yes Yes Yes Yes Yes
7 Robert Peters Yes Yes Yes Yes Yes Yes Yes
7 Umesh Shelat Yes Yes Yes Yes Yes Yes Yes
7 Taylor Singh Yes Yes Yes Yes Yes Yes Yes
Christine
7 Southworth
Robert
8 Avallone Yes Yes Yes Yes Yes Yes Yes
Becky
8 Barrentine No Yes Yes Yes Yes Yes
8 Lauren Black Yes Yes Yes Yes Yes Yes Yes
Shailesh
8 Chandra Yes Yes Yes Yes Yes Yes Yes
8 Gang Chen Yes Yes Yes Yes Yes Yes
Margaret
8 Enders Yes Yes Yes Yes Yes Yes Yes
8 Betty Gau Yes Yes Yes Yes Yes Yes Yes
8 David Horton Yes Yes Yes Yes Yes Yes Yes
8 Lin Jensen Yes Yes Yes Yes Yes Yes Yes
8 Alan Levine Yes Yes Yes Yes Yes Yes Yes
8 Lisa Mazerall
8 Brielle Meade Yes Yes Yes Yes Yes Yes Yes
8 James Osten Yes Yes Yes Yes Yes Yes Yes
8 Sanjay Padaki Yes Yes Yes Yes Yes Yes Yes
Andrei
Radulescu-
8 Banu Yes Yes Yes Yes Yes Yes Yes
Wendy
8 Reasenberg Yes Yes Yes Yes Yes Yes Yes
Jessie
8 Steigerwald Yes Yes Yes Yes Yes Yes Yes
Melinda
8 Walker Yes Yes Yes Yes Yes Yes Yes
8 1 Weidong Wang Yes Yes Yes Yes Yes Yes Yes
8 Teresa Wright
8 Yu Wu
9 Alice Adler Yes Yes Yes Yes Yes Yes Yes
Hemaben
9 Bhatt Yes Yes Yes Yes Yes Yes Yes
9 Victoria Blier Yes Yes Yes Yes Yes Yes Yes
9 Scott Bokun Yes Yes Yes Yes Yes Yes Yes
Victoria
9 Buckley Yes Yes Yes Yes Yes Yes Yes
9 Jeanne Canale Yes Yes Yes Yes Yes Yes Yes
9 Richard Canale Yes Yes Yes Yes Yes Yes Yes
9 Rodney Cole Yes Yes Yes Yes Yes Yes Yes
Margaret
9 Coppe Yes Yes Yes Yes Yes Yes Yes
9 Thomas Fenn
9 Mollie Garberg Yes Yes Yes Yes Yes Yes Yes
9 Philip Jackson Yes Yes Yes Yes Yes Yes Yes
9 Suzanne Lau Yes Yes Yes Yes Yes Yes Yes
9 Hank Manz Yes Yes Yes Yes Yes Yes Yes
9 Wendy Manz Yes Yes Yes Yes Yes Yes Yes
Christina
9 Murray Yes Yes Yes Yes Yes Yes Yes
9 Dilip Patel
9 Janet Perry Yes I Yes Yes Yes I Yes Yes Yes
9 Lisah Rhodes Yes Yes Yes Yes Yes Yes Yes
9 Thomas Shiple Yes Yes Yes Yes Yes Yes Yes
Justine
9 Wirtanen
Total =Yes 161 166 168 166 165 162 166
Total 2=No 2 1 0 0 0 1 0
Total 3=
Abstain 3 2 3 2 3 3 1
Total Voters 166 169 171 168 168 166 167
Pass/Fail Pass Pass Pass Pass Pass Pass Pass
A true copy.
Attest:
Nathalie L.Rice,Town Clerk