HomeMy WebLinkAbout2016-03-07-BOS-Packet-releasedSELEC T MEN'S MEETING
Mo nday, Marc h 7, 2016
Selec tmen Meeting Room
6:30 PM
AGENDA
EXECUTIVE SESSION
1.Exemp tion 3 and 6: P o tential Litigation and Value o f Real Pro perty (30 min.)6:30 PM
PUBLIC COMMENTS
Pub lic c o mments are allo wed fo r up to 10 minutes at the b eginning of eac h meeting. Eac h s p eaker is
limited to 3 minutes for comment. Memb ers of the Board will neither c o mment no r respond , o ther than to
as k q ues tions of clarific ation. Speakers are encouraged to notify the Selec tmen's Offic e at 781-698-4580
if they wis h to s peak during pub lic comment to assist the Chairman in managing meeting times.
SELECTMAN CONCERNS AND LIAISON REPORTS
TOWN MANAGER REPORT
ITEMS FOR INDIVIDUAL CONSIDERATION
1.Reques t o f the Lions Club fo r the 59th Annual Carnival (10 min.)7:00 PM
2.Lexington United S o cc er Club - Linc oln P ark Lights (20 min.)7:10 PM
3.Approve C o mmunity Center Non-Res ident Fees (5 min.)7:30 PM
4.Mid d le S cho o l P ro jects - Revis ed Cons tructio n Estimates (15 min.)7:35 PM
5.Artic le 35 P res entation - Lexp res s Res olution (15 min.)7:50 PM
6.Artic le Pres entatio ns - Planning Bo ard (1 ho ur)8:05 PM
1. Article 29 - Amend General Bylaws - Neighb o rhood Cons ervation Dis tric ts
2. Article 36 - Amend Zoning Bylaw - Natio nal Flood Insuranc e Dis trict
3. Article 37 - Amend Zoning Bylaw - Tec hnical Correc tions
4. Article 38 - Amend Zoning Bylaw - Go vernment-Civic Dis tric t(s )
5. Article 41 - Amend Zoning Bylaw - Floor Area Ratio (FAR)
6. Article 44 - Amend Zoning Bylaw - Planned Develo p ment Dis tricts
7.Approve C o mp lete Streets Polic y (5 min.)9:05 PM
8.Aloft/Element - Change to Lo d ging and Entertainment Licens es (5 min.)9:10 PM
9.Town Manager Appointment - Cons ervatio n Commission (5 min.)9:15 PM
10.Selec tmen Co mmittee Appointments (5 min.)9:20 PM
1. 20/20 Vis io n Committee
2. Counc il for the Arts
CONSENT AGENDA
1.Approve Traffic Rules and Orders C hange fro m Marc h 9, 2015 9:25 PM
2.Approve Us e of the Battle Green - Filming Reenactment Rehears al on April 3,
2016
9:25 PM
3.Approve R eq uest for Water and S ewer Deferral 9:25 PM
4.Approve One-Day Liq uor Lic ens es - Spec tac le Management 9:25 PM
ADJOURN
1.Approximate Ad jo urn Time 9:30 pm
The next meeting of the Board o f Selec tmen is s ched uled fo r Mond ay, Marc h 14, 2016, at 7:00
p .m. in the S electmen Meeting Room, Town Office Building, 1625 Mas s ac hus etts Avenue.
Hearing Assistance Devices Available on Request
All agenda time and the order of items are approximate and
subject to change.
AGENDA ITEM SUM M ARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Exemption 3 and 6: Potential Litigation and Value of Real Property (30 min.)
PRESENTER:ITEM
NUMBER:
SUMMARY:
Staff will review the s tatus o f negotiations and p o tential fo r litigatio n regarding the Bro o khaven develo p ment
p ro p o s al.
SUGGESTED MOTION:
NA
FOLLOW-UP:
Town Manager's Office
DATE AND APPROXIMATE TIME ON AGENDA:
3/7/2016 6:30 P M
AGENDA ITEM SUM M ARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Request of the Lions Club for the 59th Annual Carnival (10 min.)
PRESENTER:
Do ug Luc ente, Lio ns Club
ITEM
NUMBER:
I.1
SUMMARY:
Doug Lucente will be at your meeting to reques t permission to ho ld the 59th Annual Carnival at Hastings Park
s tarting with s etup S und ay, June 28, to Mo nd ay, July 6, includ ing setup and breakd o wn.
SUGGESTED MOTION:
Mo tion to app ro ve the reques t o f the Lions Club to ho ld the July 4th Carnival fro m S und ay, June 26, through
Tues d ay, July 5, 2016 with the times as reques ted in the Lions Club letter dated January 28, 2016.
Mo tion to app ro ve the reques t o f the Lions Club to have lighting turned if nec es s ary o n until 11:30 p .m.
fro m June 27 through June 29 d uring s etup and o n June 30 through July 4 to allo w carnival gues ts an
o p p o rtunity to s eave the area safely.
Mo tion to app ro ve a firewo rks d is p lay o n Saturd ay, July 2, 2016, at approximately 9:30 p .m., s ubjec t to
ap p ro val o f the firewo rks vend o r and necess ary s afety prec autio ns req uired by the Fire Department.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
3/7/2016 7:00 P M
ATTACHMENTS:
Des crip tion Typ e
Lions Club Carnival Reques t Letter Backup Material
Lions Club Application Backup Material
Notes from Carnival Planning Meeting Backup Material
THE LIONS CLUB OF LEXINGTON, INC.
P.O. Box 71, Lexington, Massachusetts, 02420
“Birthplace of American Liberty”
www.lexingtonlions.org
January 28, 2016
Town of Lexington
Board of Selectmen
1625 Massachusetts Ave
Lexington, MA 02420
Dear Board Members;
The Lexington Lions Club will be sponsoring its 60th Annual Fourth of July Carnival
with Fiesta Shows of Seabrook, NH. We respectfully request the use of Hastings Park on
the following dates and other locations as noted:
Proposed Schedule of Events:
• Sunday, June 26, 2016:
o Arrival to staging area (non-housing unit vehicles) parking lot near high
school field house starting at 6:00PM
• Monday, June 27, 2016:
o Setup starting at 7:00AM moving onto field
• Tuesday, June 28, 2016 & Wednesday, June 29, 2016:
o Setup and Preliminary Inspections
• Thursday, June 30, 2016:
o Setup and Final Inspections
o Perkins, Cotting & LABBB Kids 3:00 PM to 5:00 PM**Tentative Date
o Carnival - 6:00PM to 11:00PM
• Friday, July 01, 2016:
o Carnival - 6:00PM to 11:00PM
• Saturday, July 02, 2016
o Carnival – 1:00PM to 11:00PM
o Fireworks - 9:30 PM to 10:00 PM **Tentative Date
• Sunday, July 03, 2016:
o Carnival - 1:00PM to 11:00PM
• Monday, July 04, 2016:
o Youth Games - 10:00 AM
o Carnival - 1:00PM to 6:00PM
o Tear Down until 11:30PM
• Tuesday, July 05, 2016:
o Final Tear Down and clean-up completed by 2:00PM
A Special Event Permit application has been filed with the Town Managers office in
conjunction with this request.
Planning Meetings - The support and cooperation of the Town of Lexington has always
been a key factor in our success and we hereby respectfully request your approval for our
schedule above. Upon approval, we will have a formal event planning meeting with the
Town Departments. Subsequent meetings will also be held with key Departments on as
the event approaches.
Lighting – Fiesta Shows will be providing all lighting sources. We are requesting that
lights be allowed to be used if necessary until 11:30PM on Monday June 27th, Tuesday
June 28th, and Wednesday, June 29th during setup and until 11:30PM after the daily
closing of the Carnival June 30 - July 4 to allow carnival guests an opportunity to leave
the area safely.
Fireworks - The Lexington Lions Club requests permission to have a fireworks display
on Saturday, July 2, 2016 at approximating 9:30 PM subject to approval of the fireworks
vendor, Atlas PyroVision Productions, Inc. and safety precautions by the Fire
Department.
Living Quarters and On-Site Supervisor - The Fiesta Shows carnival workers will
occupy living quarters (i.e., trailers) located near the Lexington High School Field House
in cooperation with the Department of Public Facilities. They will act in accordance with
the conditions set forth in prior years including Fiesta Shows identifying (by name and
cell phone number) an on-site supervisor who will be the primary contact person for the
Lexington Police Department on any matters regarding carnival staff. This supervisor
will be on-site and available between the hours of midnight and 8:00 a.m. There will be
no living quarters at Hastings Park.
Overnight Police Detail and Alcohol Consumption – The Lexington Lions Club will
arrange and pay for a Lexington Police Department security detail between the hours of
midnight and 8:00 a.m. for each night the carnival is in Town and will work with the
Police Department and follow their recommendations. Dean & Flynn, Inc. DBA Fiesta
Shows agree that there is no consumption of alcoholic beverages on public property.
Break Bottle Game –There will not be a break bottle game at Hastings Park.
Backflow Preventer – The Lexington Lions Club will be responsible for making a
$1,000 deposit for a backflow preventer valve from the Department of Public Works.
Post-Carnival Meetings – The Lexington Lions Club will plan to hold a post-carnival
meeting with the DPW on Tuesday, July 5th at Hastings Park to review the conditions of
the grass at Hastings Park. Lions and Fiesta shows will be responsible for any and all
repairs to the grass. Another debriefing meeting will be held within 2 months after the
Carnival including all appropriate Town Departments to review the carnival layout, and
any concerns that may have come up during the carnival.
If you have any questions, please contact me at 17 Vine Brook Rd, Lexington,
MA 02421; Cell Phone: (781) 424-4007. Additional contacts are; John Lucente of the
Lexington Lions Club – Cell Phone: (781) 424-1488; Paula Rizzo-Riley of the Lexington
Lions Club – Cell Phone: (781) 999-1967; EJ Dean of Fiesta Shows – Cell Phone (978)
375-2541.
Sincerely,
Douglas M. Lucente,
Treasurer, Lexington Lions Club
Original Letter to Board of Selectmen; E-mail CC to:
Carl Valente, Town Manager
Linda Crew Vine, Deputy Town Manager
Chief Mark Corr, Police Department
Chief John Wilson, Fire Department
Asst. Chief John Fleck, Fire Department
Gerard Cody, Health Division
William Hadley, Department of Public Works
David Pinsonneault, Department of Public Works
Chris Filadoro, Department of Public Works
Shawn Newell, Department of Public Facilities
Laurie Lucibello, Department of Public Facilities
Karen Simmons, Recreation and Community Programs
Fred Lonardo, Building Division
E.J. Dean, Fiesta Shows
Paula Rizzo-Riley, Lexington Lions Club
Joseph LaMarca, Lexington Lions Club
Richard Michelson, Lexington Lions Club
John Lucente, Lexington Lions Club
Alan Wrigley, Lexington Lions Club
1
TOWN OF LEXINGTON
Special Event Permit Application
Applicant and Sponsoring Organization Information
Name of Organization / Sponsor: _______________________________ Non-Profit____ Profit_____
Applicant name: Tax ID #:
Address: City: State: Zip:
Daytime Phone: Evening Phone: Cell Phone: ____________________
E Mail: Web Site:
Event Site Manager: ___________________________________ Cell Phone: _________
Other Contact person/s: __________________________________ Cell Phone:___________________
Special Event Information - Complete all data as required for event of any size.
Type of Event: __Run/Walk __Rally __Parade __School Fair __Concert __Carnival __Filming
__Street Fair __Festival __Political Event __Raffle __Other (specify)
Event Title:
Event Date & Time(s): Estimated Attendance: #__________
Open to the Public: __Yes __No Admission Fee: $___________
Requested Location: __ Battle Green
__ Bike Path (specify location/s):
__ Depot Square
__ Buckman Tavern Lawn
__ Hastings Park __Gazebo
__ Sidewalk (Specify location/s):_______________________________________
__ Street (specify):
__ Tower Park
__ Town Park/Playground/Field (specify):
__ Other (specify):
Set Up Date/Time & Description: ________________________________________________________
Breakdown Date /Time & Description: ____________________________________________________
LEXINGTON LIONS CLUB X
Doug Lucente, Treasurer 04-2371592
PO BOX 71 Lexington MA 02420
(781) 325-7226 (781) 862-2534 (781) 424-4007
Doug@promedLLC.com www.LexingtonLions.org
EJ Dean, Fiesta Shows (978) 375-2541
Paula Rizzo-Riley, Lions President (781) 999-1967
X
60th Annual Fourth of July Carnival
See Attached several thousand
June 26, 2016 to July 5, 2016 over the week
X 2.00 per adult / children FREE
X
Monday, June 26, 2016 6:00PM to Thursday, June 30,
2016 at 2:00PM
Monday, July 4, 2016 6PM-11:30PM & Tuesday 7AM -2PM
2
Event Details
Please indicate whether the following items pertain to your event.
YES NO
___ ___ Food Concession and/or Food Preparation Area (s)
(If you intend to cook food in the event area)
Please specify method: ___Propane Gas ___Electric ___Charcoal ___Other:
___ ___ First Aid Facility (ies) and Ambulance (s).
___ ___ Will you set up table(s) and/or chair(s)? How many? 6 Picnic Tables
___ ___ Fencing, Barrier(s) and/or Barricade(s), Traffic Cones.
___ ___ Does your event require electricity? Source:
___ ___ Will you be holding a raffle at your event? Describe:
___ ___ Booth(s), Exhibit(s), Display(s) and/or Enclosure(s).
___ ___ Canopy (ies) and or Tent(s). Please describe dimensions:
___ ___ Scaffolding, Bleacher(s), Platform(s), Grandstand(s) or related structure(s).
___ ___ Vehicle(s) and/or Trailer(s).
___ ___ Sleeping Trailer(s) and/or other accommodations.
___ ___ Trash Container(s) and/or Dumpster(s).
___ ___ Portable Toilet(s). If yes, please indicate the company providing units:
___ ___ Stage(s). Please indicate dimension:
___ ___ Entertainment. Please describe:
___ ___ Amusement Rides. Please List and describe:
___ ___ Inflatable Device(s).
___ ___ Banner(s) and/or Sign(s).
___ ___ Street Closure(s) Please list:
___ ___ Will the event be advertised? How?
Please note you cannot advertise your event before approval.
___ ___ Sponsorship/Vending or Promotional Activity? Please Describe:
___ ___ Amplified Sound. If yes please indicate Start Time and End Time
The Town of Lexington requires that noise levels not exceed 10 or more decibels above the ambient noise
between 8:00 p.m. and 7:00 a.m. in a residential or commercial zone.
___ ___ Will your event have Fireworks?
___ ___ Will your event have animals? If yes, specify:
___ ___ Will your event require lights? If so, specify hours:
Other Permits
Please note that all components of the event are subject to approval by the Town Managers Office and may also require
approval by and/or permit(s) from other Town agencies and departments. It is the responsibility of the applicant to secure all
necessary Town of Lexington permits, and to submit and payment required for permits.
Insurance Requirements
Evidence of Insurance will be required before final permit approval. Please provide a Certificate of insurance, which shows a
minimum of $1,000,000.00 in Commercial General Liability Insurance and a Policy Endorsement, which indemnifies and
holds harmless the Town of Lexington, and all of its agencies and departments. Some events may require a higher limit of
insurance. Permittee must list the aforementioned parties as additional insured on their Certificate of Insurance. Each event is
evaluated on its risk exposure. Any and all damages resulting from the event are the responsibility of the permittee and the
permittee will work through designated staff to determine the most appropriate means for repair. The Town of Lexington is
not responsible for any accidents or damages to persons or property resulting from the issuance of this permit.
X
X
X
X
X
X Fiesta Shows
X
X
X Hospitality Tent 20 x 30
X
X
X
X
X Contracted via Fiesta Shows
X
X
X
X
X
X
Hastings Road for Show Hours to prevent parking issues
& others on Fireworks Night
X Local Newspapers
X
X
X
X
Supplied by
Fiesta Shows
3
Affidavit of Applicant
My signature below indicates that everything I have stated in this application is correct to the best of my knowledge. I have
read, understand and agree to abide by the policies, rules and regulations of the Town of Lexington as they pertain to the
requested usage. The permit, if granted is not transferable and is revocable at any time at the absolute discretion of the Town
of Lexington Manager’s Office (or designee). All programs and facilities of the Town of Lexington are open to all citizens
regardless of race, sex, age, color, religion, national origin or disability.
Name of Applicant: (Please print)
Signature of Applicant: _____________________________________ Date:_____________________________________
*The following is required by your organization to insure the safety and health of all participating in this event:
Note: You do not need to contact the departments below if it is not required.
YES NO
□ □ Police Detail - estimated cost-$ _______ per/day. Days Required_______(Contact Police)
Comments:________________________________________________________________________________
________________________________________________________________________________
□ □ Fire / Ambulance Detail – estimated cost - $_______ per/day. Days Required________(Contact Fire)
Comments:_______________________________________________________________________
_______________________________________________________________________
□ □ Indoor Rain Space – All organizations must apply and pay fees through the Public Facilities Dept..
□ □ Field Lining - $_______ per/field. Additional fee for layout $________ (Contact DPW -Parks)
□ □ Trash removal - $_______ per/day. Days required_________ (Contact DPW -Parks)
□ □ Portable toilets - Number required __________ Fees paid directly to company of your choice. All toilets must be
serviced each evening. Placement and servicing coordinated in cooperation with the Recreation Department or DPW.
□ □ Extra waste containiers - $20.00 per day (10). Days Required ______ (Contact DPW -Parks )
□ □ Temporary Food Permit - $15.00 (non-licensed) or $50.00 (Commercial) (Contact Health )
□ □ Raffle Permit/License - (Contact Town Clerk’s Office)
□ □ Field Permit - (Contact Recreation)
□ □ Center Complex Lights Permit - (Contact Recreation)
DPW Parks Dept. –781-861-2758 * Fire Dept.- 781-862-0272 * Police Dept. - 781-862-1212 * Health Dept. - 781-862-0500 ext. 237 *
Town Clerks Office – 781-862-0500 ext 270 * Public Facilities Dept. – 781-861-2580 ext. 205 * Recreation Dept. – 781-862-0500 ext. 262
Town Department Use Only
Approvals and Notifications
Insurance Certificate Received: □ YES – Date: □ NO
Town Manager’s Office: Approved Denied Date: __________ Police Department: Approved Denied Date: ___________
Fire Department: Approved Denied Date: __________ Health Division: Approved Denied Date: ___________
Parks Divison: Approved Denied Date: __________ Building Division: Approved Denied Date: ___________
Recreation Department: Approved Denied Date: __________ Selectman’s Office: Approved Denied Date: ___________
Town Clerk’s Office: Approved Denied Date: __________ Public Facilities: Approved Denied Date: ___________
Douglas M. Lucente
1-28-2016
X
X
X
X
X
X
X
X
X
X
X
4
Lexington Lions Club
60th Annual July 4th Carnival (2016)
Proposed Schedule of Events:
• Sunday, June 26, 2016:
o Arrival to staging area (non-housing unit vehicles) parking lot near high school field house
starting at 6:00PM
• Monday, June 27, 2016:
o Setup starting at 7:00AM moving onto field
• Tuesday, June 28, 2016 & Wednesday, June 29, 2016:
o Setup and Preliminary Inspections
• Thursday, June 30, 2016:
o Setup and Final Inspections
o Perkins, Cotting & LABBB Kids 3:00 PM to 5:00 PM**Tentative Date
o Carnival - 6:00PM to 11:00PM
• Friday, July 01, 2016:
o Carnival - 6:00PM to 11:00PM
• Saturday, July 02, 2016
o Carnival – 1:00PM to 11:00PM
o Fireworks - 9:30 PM to 10:00 PM **Tentative Date
• Sunday, July 03, 2016:
o Carnival - 1:00PM to 11:00PM
• Monday, July 04, 2016:
o Youth Games - 10:00 AM
o Carnival - 1:00PM to 6:00PM
o Tear Down until 11:30PM
• Tuesday, July 05, 2016:
o Final Tear Down and clean-up completed by 2:00PM
01/28/2016
Lexington Lions Club
Lexington Massachusetts
Provisions of the policy apply to the named insureds participation in the following activity during the policy period shown above: Lexington Lions Carnival from
6-26-2016 to 7-5-2016
Town of Lexington, 1625 Massachusetts Ave, Lexington Massachusetts 02420 is included as an Additional Insured(s), but only with respect to General Liability
arising out of the issuance of permit(s) to the Insured shown above and not out of the sole negligence of said additional insured.
PROVISIONS OF THE POLICY DO NOT APPLY TO THE SALE OR SERVING OF ALCOHOLIC BEVERAGES
Town of Lexington
1625 Massachusetts Ave
Lexington Massachusetts 02420
Other Notes:
All house trailers would be parked at high school parking lot.= Street blocked off to traffic during show hours
= Perimeter fencing
= Rides
= Games and Concessions
= Lions
= Foot Traffic Pattern
FS Office
Lexington Lions Club – 60
th Annual Fourth of July Carnival
Hastings Park – Proposed Layout as of 1-28-2016
EMERGENCY
EXIT
Snow Fence
= Snow Fence or other suitable fencing Around Small Trees
Telephone Poles, and Gazebo (during non-use times)
= Emergency Exit
Water
Source
Lexington Lions Club – Carnival 2016Proposed Fiesta Show Sleep Trailers and Supervisor Trailers
Planning Meeting Minutes w/the Lion’s Club and Town Staff for the Annual Fourth of July
Carnival
Tuesday, February 9 at 2:30pm
Attendance:
Lions: Doug Lucente, Colby Crogan;
Fiesta Shows: John Flynn;
Town Staff: Cathy Severance – TMO, Chris Bouchard – Facilities, Fred Lonardo – Building, Kathy
Fox – Health, Sergeant George Snell – Police, Captain Michael McLean, Bill Hadley – DPW, Chief
John Wilson – Fire, Lynne Pease ‐ BOS
Police Comments:
Sergeant Snell will review last year’s details and will follow a similar plan. Lion’s Club would like a bike
officer before the fireworks (like last year) as they found that very helpful. Captain McLean mentioned
that last year it took a bit of time getting the trailers onto Hastings Park ‐ George Snell will work w/John
Flynn (Fiesta Shows) to make sure it goes more smoothly this year.
One point made was to remind the Carnival workers that their overnight trailers are parked close
to where we hold summer camps for children, so remind the carnival workers of this close
proximity and act appropriately.
Fire Comments:
Chief Wilson requested the same firework’s shooter as last year due to his experience. Lions agreed to
make this request and attempt to have this person back.
Chief Wilson recommended a snow fence be installed on Saturday, July 2 in the AM (may be
around 11am or 12pm)
DPW Comments:
No problems – Bill said that DPW will be around to assist. They will shut down the filtration system for
the pools during the firework display.
Lions Club will need to reserve the field for the youth games
Facilities Comments:
Chris reports that all went very well last year. Unlike last year – there will be no construction going on at
the High School. There will be plenty of room this year.
Health Comments:
No major problems – just one minor thing was that last year the Lions Club trailer was not inspected –
some sort of miscommunication.
Lion’s Club will notify Gerry Cody when the trailer is in place and ready for inspection.
BOS Comments:
Lynne said Lions will need to apply for a Sunday Entertainment permit.
Lynne will put this on the BOS agenda for 3/7/16.
Misc. Comments:
No rain date for the fireworks.
Rain date for LABBB kids will be Friday, July 1.
AGENDA ITEM SUM M ARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Lexington United Soccer Club - Lincoln Park Lights (20 min.)
PRESENTER:
To m Shiple, Lexington United S o cc er
Club
ITEM
NUMBER:
I.2
SUMMARY:
Mr. Shiple, Pres ident o f the Lexington United Soc cer Club , will make a pres entation and proposal fo r your
ap p ro val to ins tall lighting o n Lincoln Field #2.
Ms . Simmons , Directo r or Rec reation and Community Programs , will als o b e at yo ur meeting to answer any
q uestio ns.
SUGGESTED MOTION:
Mo tion to app ro ve the reques t o f Lexingto n United S o cc er Club to install lighting o n Lincoln F ield #2, s ub jec t
to ap p ro val by Mas s ac hus etts Dep artment of Environmental P ro tec tion, tes t b o rings to finalize foundation
d es ign, lo cal permitting and ap p ro val b y Town Boards , Co mmittees and Departments .
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
3/7/2016 7:10 P M
ATTACHMENTS:
Des crip tion Typ e
Request from LUSC for Lights on Lincoln Field Cover Memo
LUSC Pres entation for Lights Pres entation
Lexington United Soccer Club
PO Box 613
Lexington, MA 02420
March 2, 2016
Lexington Board of Selectmen
1625 Massachusetts Avenue
Lexington, MA 02420
Dear Selectmen,
Lexington United Soccer Club is a private, non-profit organization providing soccer programs to over
1,500 youth in Lexington. In order to effectively create more athletic field space in Lexington, we would
like to propose installing permanent lights on one synthetic turf field at Lincoln Park. On October 20,
2014 we came before you to get your approval to conduct a feasibility study of the project. Since that
time we have done considerable design work and community outreach, and received the approval of
the Recreation Committee. We now come before you to seek final approval for the project, subject to
appropriate permitting. In the remainder of this letter, we would like to outline the specifics of the
project, including our neighbor outreach and interactions with other Town bodies.
Proposal Overview
We propose to install four light towers around Lincoln Field #2, which is the field to the right as viewed
from Lincoln Street. The lights would have a turnoff time of 8:30PM, with an extra 15 minutes for one
light tower and parking lot lighting to allow for safe exit from the park. The project financing and
construction is being led by LUSC. The estimated $500,000 cost will be raised privately; there will be no
cost to the Town. Upon completion of the project, the lights will be donated to the Town for the benefit
of the entire community. The lighting equipment comes with a 25-year warranty, which includes all
maintenance. Energy costs from the operation of the lights will be borne by the permitted users.
Motivation and Use
There is a growing need for athletic field space in Lexington. As an example, the number of LUSC teams
for 3rd-8th grades increased 10% from 57 to 63 in last 3 years. Demand for field space among youth
sports is highest on weekdays after 5:30PM when school sports finish. Youth sports typically run
practices 5:30-7:00. In the fall this becomes impossible after early October due to loss of daylight. The
addition of lights at Lincoln #2 would allow youth sports to run two practice slots back-to-back, 5:30-
7:00 and 7:00-8:30, to make up for the loss of fields without lights. In the spring, the issue is not early
loss of daylight, but instead greater demand with more youth sports in season. The addition of lights
would allow a second practice slot 7:00-8:30 to meet some of that demand.
In addition, Temple Isaiah, which supports the installation of lights, would like consideration to use the
parking lots lights after 8:30PM a few times a month to allow for overflow parking for special events at
the Temple.
Adding lights to an existing field, compared to developing new land, is a cost effective way to add field
capacity to Lexington. Installing lights on a synthetic turf makes the most sense since grass fields cannot
sustain the intensity of use that would come from extended play. Finally, permanent lighting is superior
to diesel-powered temporary lights because it provides more uniform light on the playing surface, no
noise, no odors, no logistical burden of set-up and take-down, no messy refueling, precise control over
hours of operation, and lower operational costs.
Technical Details
LUSC has worked closely with Musco Lighting (a world-wide leader in athletic lighting) and Sanborn Head
(a provider of geotechnical engineering services) to flesh out the technical details of the project. Haley
& Aldrich, a consulting firm which has been involved in construction projects at the park for three
decades, is acting as a peer reviewer of the project.
The lights will produce 30 footcandles at the playing surface, which is sufficient for general sport use.
The light fixtures will be mounted on 70’ poles. The height of the poles allows the light to be cast
downward on the playing field, thus minimizing light spillage. At 150’ from the perimeter of the playing
surface, a boundary that is still within the confines of the park, the light will measure 0.1 footcandles.
This is comparable to the light from the streetlights measured on the Lincoln Street sidewalk. Power for
the lights will come from existing lines across Lincoln Street to a new utility pole just inside the park.
From there power will be routed underground to a transformer, and from there underground to the
four light towers. The operation of the lights will be controlled remotely by the Town according to a
predetermined schedule.
The fields at Lincoln Park are built on top of a capped landfill. This requires additional care and cost in
constructing the foundations for the light towers. Sanborn Head has come up with a conceptual design
that uses a concrete pile cap supported by 50’ steel piles driven down to solid ground. The foundation
design, as well as plans for dealing with the methane present in the landfill, will undergo close scrutiny
during the permitting process with MassDEP, which has jurisdiction of the park.
Partnership with the Town
Over the last two years LUSC has maintained close contact with the Department of Recreation (Karen
Simmons) and the Department of Public Works (John Livsey and Dave Pinsonneault). There have been
three joint meetings with these two departments, including two on-site meetings, where site design and
foundation design issues have been discussed. In addition, the President of LUSC has attended virtually
every meeting of the Recreation Committee for the last two years to keep the committee apprised of
the progress of the project and to receive feedback to help shape the project. This culminated in a
public hearing hosted by the committee on December 16, 2015, where LUSC formally presented the
lights project. This meeting was attended by 11 members of the public, including both people who
spoke in favor and against the project. After public comment and committee deliberation, the
committee unanimously approved the following motion:
The Recreation Committee supports the installation of lights at Lincoln #2 with a turnoff time of
8:30pm, with one light pole and the parking lot light remaining on until 8:45pm.
Community Outreach
During late 2014 and the first half of 2015, officials of LUSC reached out to neighbors of Lincoln Park to
attend informational meetings and solicit feedback about the project. This resulted in one meeting each
with neighbors living on the three streets abutting the park: Baskin Road (11 attendees), Lincoln Street
(10), and Middleby Road (7). From these meetings we compiled an email list of 27 residents; we have
communicated project updates, as well as notices of the December Recreation meeting and March
Board of Selectmen meeting.
Between our neighborhood meetings and the Recreation meeting the primary concerns we heard were
the following; after each is listed our response to the concern.
Noise from park already an issue, and lights prolong park usage
o Practice noise typically less than game noise
o Could be mitigated with dense shrubs or a fence
Users entering backyards an issue (Baskin Road)
o Selected to light Lincoln #2 to avoid this
o Could be mitigated with a barrier
Lights on late into evening; light spillage into houses
o Field lights off by 8:30PM
o No lights spillage outside of confines of park
Breaching landfill cap is problematic
o Sandborn Head experienced in construction on landfills
o Core samples will be taken before final design
o Project will be under the supervision of MassDEP
Town discussion in 2002/03 regarding status of future lights
o Researched records for context of discussion: nothing found in Lex. Minuteman;
minutes of TM, BOS, Recreation; no TM audio record available from LexMedia, Town
Clerk, or Library
In addition, last month we posted an online statement of support of the project. To date, 603 Lexington
adults, across 517 households, have endorsed this statement.
Next Steps
If the Selectmen give final approval for the project, then the next step will be to submit a permit
application to the MassDEP, Bureau of Waste Prevention – Solid Waste Management. Part of this
process will involve drilling core samples at the exact locations of the poles so that the soil composition
can be exactly understood. LUSC will work with Karen Simmons, Director of Recreation and Community
Programs, to determine which other Town boards, committees and departments will need to approve
the project. Then we will proceed with construction. If the Selectmen give approval, then we will begin
fundraising in earnest. All along the way we will keep neighbors informed of progress and significant
meetings either through our neighbor email list or updates to the Recreation Committee.
Respectfully submitted,
LUSC Board of Directors
Tom Shiple, President
Stacey Hamilton, Vice President
Matt Keis, Vice President
Maura Penzone, Vice President
Will Thompson, Vice President
Lauren Weiss, Treasurer
Jack Lloyd, Clerk
John Clough, Past President
Julie Callahan
Catherin Gill
Phil Porter
Jennifer Ray
Neil Sheth
Curt Wu
Proposal for Lights at
Lincoln Field #2
Lexington United Soccer Club
March 7, 2016
1
2
Project Proposal
•Install permanent lighting on Lincoln Field #2
•Fields lights off by 8:30PM
•Privately funded and constructed, led by LUSC
•Estimated cost is $500,000; no cost to the Town
•Gifted to Town upon completion for benefit of community
•Partners
•Town of Lexington –Recreation, DPW
•Sanborn Head –engineering consultants
•Musco –world-wide leader in athletic lighting
3
Need for Project
•Lexington youth sports growing
•Demand for fields is highest on weekday evenings
•A lighted field fills seasonal needs for youth soccer
•Fall -early darkness, allows practice 5:30 -8:30pm
•Spring -more sports active, allows 2nd practice slot 7:00-8:30pm
•Lighting an existing field is more cost effective than
developing new land
•Artificial turf can handle intense use; grass cannot
•Temporary lights not a long-term solution
•Noisy, low quality light, expensive to rent and operate
4
Milestones
•Oct 2014: Rec Committee and Selectmen approve
preliminary feasibility study
•2014-2015: Neighborhood meetings at Baskin, Lincoln and
Middleby streets; email updates to 27 addresses
•Sept 2015: Engineering report from Sanborn Head with
conceptual design and cost estimate
•Dec 2015: Public hearing; unanimous motion:
The Recreation Committee supports the installation of lights at Lincoln
#2 with a turnoff time of 8:30pm, with one light pole and the parking lot
light remaining on until 8:45pm.
5
Conceptual Site Design
Neighborhood and Light Spillage
6
0.1 fc contour line
1.0 fc
7
Endorsements
603 Lexington adults,
across 517 households
8
Next Steps
•Approval of Board of Selectmen
•Approval of MassDEP
•Test borings -finalize foundation design
•Local permitting and approval by Town Boards, Committees
and Departments
•Construction
•Ongoing neighbor outreach
•Ongoing fundraising
AGENDA ITEM SUM M ARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve Community Center Non-Resident Fees (5 min.)
PRESENTER:
S hiela Butts, Community Center
Directo r; Karen Simmons , Direc tor o f
Recreatio n and C o mmunity P ro gram
ITEM
NUMBER:
I.3
SUMMARY:
The Rec reatio n and Community Programs Department is currently is s uing members hip c ard s for res id ents at
the Co mmunity Center. All ind ividuals who c o me to the Center will complete a regis tratio n fo rm and be
p ro vided with a Memb ers hip Card. It will be us ed to track attend anc e on a daily bas is , assist in monitoring
class attendanc e and the use o f drop-in spac es . A c ard reader (to s can the members hip c ard s ) will be lo cated at
the Custo mer Service Trans actio n Counter. Ad d itionally, the Co mmunity Center Amb as s ad o rs and Customer
Service volunteers will have hand s canners to as s ure that all who enter the b uilding are logged in.
Although the majority o f those who have used the facility to d ate are Lexington R es id ents , we are seeing an
inc reas ed numb er of non-res id ents us ing dro p -in p ro gram s p aces. To assure that Lexington residents are not
s upporting the fac ility for non-res id ents , we propos e to as s es s an annual non-res id ent membership fee for us e
o f the facility. The C enter wo uld like to b egin s elling no n-resident memb ers hip c ard s in Marc h p ending the
ap p ro val o f the fee s ched ule that was initially approved by the Rec reation Committee o n Novemb er 18, 2015
and amended on F eb ruary 17, 2016.
SUGGESTED MOTION:
Mo tion to app ro ve the proposed Community C enter fee s ched ule.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
3/7/2016 7:30 P M
ATTACHMENTS:
Des crip tion Typ e
Proposed Community Center Non-Res ident Fees Backup Material
Town of Lexington
Recreation and Community Programs
Karen Simmons, CTRS, CPRP Tel: 781-698-4800
Director of Recreation and Community Programs Fax: 781-861-2747
LEXINGTON COMMUNITY CENTER, 39 Marrett Road, Lexington, MA. 02421 (physical address)
TOWN OF LEXINGTON 1625 MASSACHUSETTS AVENUE • LEXINGTON, MASSACHUSETTS 02420 (mailing address)
LEXINGTON COMMUNITY CENTER
MEMBERSHIP FEE PROPOSAL
The Recreation and Community Programs Department is currently issuing membership cards for residents
at the Community Center. All individuals who come to the Center will complete a registration form and
be provided with a Membership Card. It will be used to track attendance on a daily basis, assist in
monitoring class attendance and the use of drop-in spaces. A card reader (to scan the membership cards)
will be located at the Customer Service Transaction Counter. Additionally, the Community Center
Ambassadors and Customer Service volunteers will have hand scanners to assure that all who enter the
building are logged in.
Although the majority of those who have used the facility to date are Lexington Residents, we are seeing
an increased number of non-residents using drop-in program spaces. To assure that Lexington residents
are not supporting the facility for non-residents, we propose to assess an annual non-resident membership
fee for use of the facility. The Center would like to begin selling non-resident membership cards in
March pending the approval of the fee schedule that was initially approved by the Recreation Committee
on November 18, 2015 and amended on February 17, 2016.
Non-Resident Senior (60+) $12.00
Non-Resident Youth (under 18) $25.00
Non-Resident Adult (18 – 59) $50.00
Non-Resident Family (2 adults plus children under 18) $125.00
Non-Resident Adult working for a Lexington Business $25.00
All Lexington Residents FREE
Replacement Card $5.00
All rates are subject to change with the approval of the Recreation Committee and the Board of
Selectmen.
AGENDA ITEM SUM M ARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Middle School Projects - Revised Construction Estimates (15 min.)
PRESENTER:
P at Go d d ard, P ublic F acilities Directo r
ITEM
NUMBER:
I.4
SUMMARY:
A revis ed c os t es timate fo r the Mid d le Schools renovation and exp ansion p ro jec t has been c o mp leted. It will
b e presented to the Permanent Build ing Co mmittee o n Mo nday, Marc h 7 at 6 p.m. and s ubsequently p res ented
to the Board of Selec tmen.
SUGGESTED MOTION:
NA
FOLLOW-UP:
Cost estimate will be p res ented to the Sc hoo l C o mmittee at its meeting on Marc h 8.
DATE AND APPROXIMATE TIME ON AGENDA:
3/7/2016 7:35 P M
AGENDA ITEM SUM M ARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Article 35 Presentation - Lexpress Resolution (15 min.)
PRESENTER:
Ro y Glas s er, Artic le P ro p o nent
ITEM
NUMBER:
I.5
SUMMARY:
Mr. Glasser, the p ro p o nent o f this artic le, will be at your meeting to disc uss his proposed artic le. Mr. Cohen
worked with Mr. Glas s er o n a resolution, a d raft is attac hed, and Mr. Glas s er may have additio nal changes to
that res o lution.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
3/7/2016 7:50 P M
ATTACHMENTS:
Des crip tion Typ e
Proponent Draft Res olution Backup Material
AGENDA ITEM SUM M ARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Article Presentations - Planning Board (1 hour)
PRESENTER:
Jo e Patao
ITEM
NUMBER:
I.6
SUMMARY:
Memb ers of the Planning Bo ard and Mr. Henry, P lanning Directo r, will be at yo ur meeting to p res ent the artic les
lis ted ab o ve.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
3/7/2016 8:05 P M
ATTACHMENTS:
Des crip tion Typ e
PB Report - Article 29 Backup Material
PB Report - Article 36 Backup Material
PB Report - Article 37 Backup Material
PB Report - Article 38 Backup Material
PB Report - Article 41 Backup Material
PB Report - Article 44 Backup Material
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AMEND THE GENERAL BYLAWS ARTICLE 29
NEIGHBORHOOD CONSERVATION DISTRICTS
RECOMMENDATION
The Planning Board unanimously recommends that the motion under Article 29 be
APPROVED.
BACKGROUND
Neighborhood Conservation Districts (NCD) are a voluntary means of maintaining and
preserving neighborhood character through a delineation of districts that are proposed by
residents. They are not a zoning overlay and NCDs act in a similar, but less stringent, fashion to
historic districts. Primarily, NCDs are a tool used to preserve, protect, and enhance significant
areas within a community beyond what is specified in the zoning bylaw. NCD regulations apply
in addition to standard zoning regulations and will usually take precedence if in conflict. NCD
regulations will differ from neighborhood to neighborhood depending on the area’s character and
needs. As NCDs do not regulate as strictly as historic districts, they are typically used as an
alternative to them in areas where alterations have already occurred but protection of the overall
scale, streetscape, circulation patterns and significant buildings is necessary.
Many communities around Lexington have some version of NCDs, including Brookline,
Cambridge, Wellesley and Lincoln. Each of these communities has taken the concept and
adapted it to their particular context, such that no two versions are identical.
Numerous residents voiced concerns about the loss of neighborhood character in the respective
neighborhoods in which they reside. Many expressed concern over the scale of new homes, loss
of viewsheds, and loss of mature trees. NCDs have been proposed in an attempt to ameliorate
some of these concerns. Approving this recommendation would create the ability for NCDs to be
recommended for creation at a future town meeting.
It should be noted that, as proposed, Lexington’s NCD bylaw would allow neighborhood
property owners to opt out of a proposed designation. An NCD should reflect a strong consensus
among owners about what and how to conserve the character of their neighborhood, and
potentially maintain the value. If 25% of owners do not wish to be included, NCD boundaries
may be redrawn to exclude those properties, or the district may not be recommended to Town
Meeting for a vote. Once the NCD is established, the NCD Commission and property owners can
review the Regulations and Guidelines. The district may be redrawn for neighbors who desire to
opt in or out of a district with a vote at Town Meeting.
The NCD Commission shall meet periodically with the Property Owners in the NCD for the
purpose of determining whether the NDC Regulations and Guidelines are still appropriate. The
first of these meetings shall occur three years from the date of the District’s designation as an
NCD, and shall occur at no less than seven year intervals thereafter. In addition, 67% of the
owners can petition at any time to dissolve the NCD.
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DESIGNATION PROCEDURE
An NCD is established through an extensive process designed to ensure that all potentially
affected neighbors have the opportunity to participate.
First, a group of at least 10 neighbors submits an application to the Lexington Historical
Commission (LHC) for consideration as an NCD. The LHC then holds a public hearing to
determine neighborhood support. If the LHC finds that designation might be appropriate, a study
committee is appointed to prepare a report with its recommendations for the NCD, including
suggested Regulations and Guidelines to be applicable to the NCD.
Within 30 days of the close of the public hearing, the Historical Commission and the Planning
Board shall hold a joint meeting to incorporate any changes based upon public input and
determine whether the proposed NCD Area should be recommended. If the Historical
Commission and Planning Board, acting jointly, vote not to recommend the proposed NCD Area
then the proposed designation shall be deemed rejected. If more than 25% of the Property
Owners in the proposed NCD Area have notified the Historical Commission and the Planning
Board in writing before the joint meeting that they do not wish to be part of the proposed NCD,
then the Historical Commission and Planning Board, acting jointly, may at their option redraw
the proposed boundaries of the NCD Area to exclude certain properties that results in at least
75% of property owners in a revised NCD Area in favor of the NCD or, at their option, reject the
proposed NCD designation in its entirety.
The LHC and the Planning Board then vote to recommend the NCD to Town Meeting, which has
the final approval.
REVIEW PROCEDURE
ADD TEXT HERE
INFORMATION MEETING
A public information session was held on January 27, 2016 in the Selectmen’s Meeting Room in
the Town Office Building. After a brief presentation of the proposed motion, the Board
answered a few questions on the article and the hearing closed. After deliberations at their
meeting of February 24, the Planning Board unanimously voted to recommend the adoption of
this article.
PROPOSED MOTION UPDATE!!!
1. PURPOSES
(a) This Bylaw enables the establishment of Neighborhood Conservation Districts (NCDs) in the
Town of Lexington for the following purposes:
(i) to recognize that the Town of Lexington contains unique and distinctive
neighborhoods and areas which contribute significantly to the overall character and
identity of the town and which are worthy of preservation and protection. The Town aims
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to preserve, protect and enhance these neighborhoods through the establishment of
Neighborhood Conservation Districts;
(ii) to promote conservation and preservation of existing buildings; to encourage new
construction that will complement and be compatible with existing Buildings, Structures,
Settings and neighborhood character; and to foster appropriate reuse and upgrading of
Buildings and Structures in designated neighborhoods;
(iii) to provide residents and property owners with the opportunity to participate in
planning the future of their neighborhoods;
(iv) to promote wider public knowledge about and appreciation for Lexington’s
distinctive neighborhoods and their Buildings, Structures and Settings;
(v) and by furthering these purposes, to enhance public welfare by offering current and
potential Lexington residents a variety of neighborhoods from which to choose, thereby
making the Town a more attractive and desirable place in which to live and work.
(b) An NCD designation is intended to enable the neighborhood and the buildings within it to be
able to adapt to meet the needs of current and future owners, while conserving the
neighborhood’s distinctive character.
(c) An NCD designation identifies a neighborhood and specifies its distinctive architectural,
aesthetic, historical, cultural, political, economic and/or social contributions to the development
of the Town of Lexington’s character.
2. DEFINITIONS
Alteration — any change to the exterior of a Building, Structure or Setting, or part thereof,
including construction, demolition, moving, reconstruction, rehabilitation, removal, replication,
restoration, or similar activities, and/or significant changes to the site itself.
Building — a combination of materials forming a shelter for persons, animals or property.
Building Commissioner — the Building Commissioner of the Town of Lexington.
Certificate of Compatibility — a form created and issued by the NCD Commission under this
Bylaw, which states that a proposed plan for Construction and/or Alterations to a Building,
Structure or Setting within an NCD meets the Regulations and Guidelines adopted for that NCD,
and which is signed by that NCD Commission’s Chair or other officially delegated person
responsible for its issuance. An application for a building or demolition permit must be
accompanied by this Certificate, if the scope or nature of such projects is covered under the
Regulations and Guidelines.
Certificate of Non-Applicability — a form created and issued by the NCD Commission under
this Bylaw, which states that proposed changes to a Building, Structure, or Setting within an
NCD are not subject to review under this bylaw, and which is signed by that NCD Commission’s
Chair or other officially designated person. An application for a building permit or demolition
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permit must be accompanied by this Certificate, if the scope or nature of such projects is exempt
under the Regulations and Guidelines.
Certificate of Hardship — a form created and issued by the NCD Commission under this
Bylaw, which states that owing to conditions especially affecting the Building or Structure but
not affecting the NCD generally, failure to issue a Certificate of Compatibility would result in a
substantial hardship to the applicant and that such application may be approved without
substantial detriment to the public welfare and without substantial derogation from the intent and
purposes of the NCD, and which must be signed by that NCD Commission’s Chair or other
officially designated person. An application for a building permit or demolition permit must be
accompanied by this Certificate, if the scope or nature of such projects is covered under the
Regulations and Guidelines.
Construction — the erection of a new Building or Structure.
Demolition — the act of pulling down, destroying, removing or razing a Building and/or
Structure or any substantial portion thereof or the act of commencing the work of total or
substantial destruction with the intent of completing the same. "Demolition" as used herein shall
be deemed to include demolition by neglect. Demolition by Neglect - A process of ongoing
damage to the fabric, viability and/or functionability of an unoccupied building leading towards
and/or causing its eventual demolition due to decay and/or structural failure and/or severe
degradation over a period of time as a result of a general lack of maintenance, and/or failure to
secure the building from pests or vandals, and/or failure to take reasonable measures to prevent
the ingress of water, snow, ice, and wind through the roof, walls, or apertures.
Exterior Architectural Features — such portions of the exterior of a Building or Structure,
including but not limited to the architectural style, and general arrangement and Setting thereof;
the type and texture of exterior building materials; and the type and style of windows, doors,
lights, signs and other appurtenant fixtures. Guidelines – advisory guidelines, duly adopted under
this Bylaw, to guide the review of proposed Construction and/or Alteration within a particular
designated NCD.
Historical Commission — the Lexington Historical Commission.
Neighborhood Conservation District or NCD — a district approved by Town Meeting for
those properties within a NCD Area who have not opted out of the provisions of this Bylaw.
NCD Area — the total geographic area covered by all of the properties studied under each
Section 3 Study.
Neighborhood Conservation District (NCD) Commission — a public body established under
this Bylaw with the authority to review and approve or disapprove proposed Construction and/or
Alteration to a Building, Structure or Setting in the NCD for compatibility with the Design
Guidelines established for that District. A separate Neighborhood Conservation District
Commission shall be established for each designated NCD.
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Petition — a document signed by at least 10 Property Owners, one signature per property, of a
neighborhood stating the desire of the Property Owners to form a Neighborhood Conservation
District, and including the supporting materials required to initiate the study process by which an
NCD is established.
Planning Board — the Lexington Planning Board.
Property Owner — the owner of a property as listed on the Town of Lexington’s property tax
rolls at the relevant time.
Regulations — mandatory regulations which describe the authority vested in the NCD Area’s
NCD Commission, duly adopted under this Bylaw.
Report — the document prepared by a Study Committee recommending favorable or
unfavorable action on a Petition to establish an NCD.
Setting — the characteristics of the site of a Building, Structure or undeveloped property,
including, but not limited to, placement and orientation of the Building or Structure, and
vegetation and landscaping.
Structure — a combination of materials other than a building, including a sign, fence, wall,
terrace, walk or driveway.
Study Committee — the group of five people appointed to review, recommend or reject a
Petition to create an NCD, as described in Section 3(c), or amend an existing NCD, as
contemplated in Section 3(i).
Temporary Structures — structures which have no permanent foundation, and are intended to
remain on a property only for a brief period of time.
3. DESIGNATION OF NEIGHBORHOOD CONSERVATION DISTRICTS
(a) To be considered for designation as an NCD, a neighborhood must satisfy the following
criteria:
(i) The proposed NCD Area as a whole constitutes a recognizable neighborhood which
has a distinctive character, and
(ii) the proposed NCD Area contains Buildings and/or Structures and/or Settings that are
significant to the architectural, aesthetic, cultural, political, economic and/or social
history of Lexington; or
(iii) the proposed NCD Area has generally cohesive features, such as the scale, size, type
of construction, materials or style or age of its Buildings and Structures, and/or its land
use patterns and landscaping.
(b) The designation of an NCD shall be initiated by Petition of neighborhood Property Owners,
submitted to the Historical Commission and containing signatures of at least 10 Property Owners
electing to be included in the proposed NCD Area, one signature per property, which petition
shall also include:
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(i) a general statement of the architectural, aesthetic, cultural, political, economic, social
and/or historic qualities of the proposed NCD Area which make it appropriate for NCD
designation, or
(ii) a description of the cohesiveness of the proposed NCD Area in terms of scale, size,
type of construction, materials or style or age of its Buildings and Structures, and/or its
land use patterns and landscaping; and
(iii) a preliminary map of the proposed NCD Area, and
(iv) a general outline of the scope of the Regulations and Guidelines that would be
proposed for the NCD.
(c) Upon receipt of a Petition for NCD designation, the Historical Commission shall within 30
days hold a public hearing, notifying all Property Owners in the proposed NCD Area and all
property owners within 100 feet of the proposed NCD Area, at the address for such owners as
listed in the then current real estate tax list of the Board of Assessors. Following such public
hearing, the Historical Commission, by majority vote, shall determine whether the proposed
NCD would be appropriate under the criteria set forth in Section 3(a). If the Historical
Commission so determines that an NCD would be appropriate, it shall appoint a Study
Committee to investigate and prepare a Report on the appropriateness of such a designation for
the proposed NCD Area. The Study Committee shall consist of five members, of which one shall
be a designee of the Planning Board; one shall be a designee of the Historical Commission, and
three shall be residents of the proposed NCD Area proposed who shall be appointed by the Town
Manager. When reasonably possible, the Study Committee should include an architect, landscape
architect, or historic preservationist. Notice of a Study Committee’s appointment shall be
conveyed to all Property Owners in the proposed NCD Area and all property owners within 100
feet of the proposed NCD Area, at the address for such owners as listed in the then current real
estate tax list of the Board of Assessors, and such information shall also be made available, to the
extent practicable, to prospective buyers through distribution to real estate brokers with offices in
Lexington.
(d) The Study Committee, working with residents of the proposed NCD Area, shall meet to
evaluate the appropriateness of an NCD designation for the proposed NCD Area, all such
meetings being public meetings open to all interested parties. Within one year of its appointment,
the Study Committee shall determine, by supermajority vote, whether an NCD is or not
appropriate, and shall prepare and file with the Historical Commission and the Planning Board a
written Report explaining its decision. If the Study Committee determines that an NCD
designation is appropriate, such Report shall propose draft text for the applicable Regulations
and Guidelines to be presented to Town Meeting which shall include:
(i) a statement of the significant architectural, aesthetic, cultural, political,
economic,social and/or historical qualities of the proposed NCD Area, or
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(ii) a description of the cohesiveness of the proposed NCD Area in terms of scale, size,
type of construction, materials or style or age of its Buildings and Structures, and/or its
land use patterns and landscaping; and
(iii) a map of the geographic boundaries of the proposed NCD Area, and
(iv) a statement describing the nature of the authority to be vested in the proposed NCD
Area’s Neighborhood Conservation District Commission, proposed Regulations
implementing such authority and proposed Guidelines for the NCD.
(e) A public hearing shall be convened jointly by the Historical Commission and the Planning
Board within 60 days after the filing of a completed Report to discuss the Study Committee’s
findings. Public notice shall be given by publication in a newspaper of general circulation in the
Town not less than 14 days before the day of the hearing, by posting such notice in a
conspicuous place in the Town Hall for a period of not less than 14 days before the day of such
hearing, and by conveying said notice to all Property Owners in the proposed NCD Area and to
property owners within 300 feet of the proposed NCD Area, at the address for such owners as
listed in the then current real estate tax list of the Board of Assessors. Said notice shall state that
the Report is available in the Planning Office and online at the Planning Board and Historical
Commission web sites, and that Property Owners in the proposed NCD Area may request a
printed copy of the Report to be mailed to them.
(f) Within 30 days of the close of the public hearing, the Historical Commission and the Planning
Board shall hold a joint meeting to incorporate any changes based upon public input and
determine whether the proposed NCD Area should be recommended as an NCD. If the Historical
Commission and Planning Board, acting jointly, vote not to recommend the proposed NCD Area
for NCD designation, then the proposed designation shall be deemed rejected. If more than 25%
of the Property Owners in the proposed NCD Area (one signature per property) have notified the
Historical Commission and the Planning Board in writing before the joint meeting that they do
not wish to be part of the proposed NCD, then the Historical Commission and Planning Board,
acting jointly, may at their option redraw the proposed boundaries of the NCD Area to exclude
certain properties that results in at least 75 % of property owners in a revised NCD Area in favor
of the NCD or, at their option, reject the proposed NCD designation in its entirety. If the NCD is
favorably recommended by the Historical Commission and the Planning Board, acting jointly,
the designation of the NCD shall be brought to Town Meeting for approval by majority vote.
(g) Each NCD, as adopted by Town Meeting, shall identify its specific Regulations and
Guidelines, establishing the nature and scope of review authority granted to the corresponding
NCD Commission under this Bylaw for activities within the NCD, including, but not limited to,
selecting categories and types of Construction or Alteration that are exempt from and/or subject
to review.
(h) The establishment of an NCD shall not be construed to prevent the Construction or Alteration
of a Building or Structure located in the NCD under a building permit, zoning permit or other
municipal approval duly issued prior to the date of that NCD’s establishment by the Town
Meeting.
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(i) Amendments to the Regulations and Guidelines of an NCD (including amendments to
the boundaries of the affected NCD), may be proposed by 10 Property Owners in the
NCD, one signature per property, by the applicable NCD Commission, by the Historical
Commission or by the Planning Board. Upon receipt of a written request for any such
amendment, the Historical Commission shall hold a public hearing, notifying all Property
Owners in the NCD and all property owners within 100 feet of the NCD, at the address
for such owners as listed in the then current real estate tax list of the Board of Assessors.
Within 30 days of such public hearing, the Historical Commission, by majority vote, shall
determine whether the proposed amendments would be appropriate and may, at its
option, appoint a Study Committee in the manner described in Section 3(c) to prepare a
report with its recommendations. Following such vote of the Historical Commission or
favorable acceptance of a Study Report, as applicable, the Historical Commission shall
bring the proposed amendments to Town Meeting for approval by majorityvote.
(j) The dissolution of an NCD may be proposed by Property Owners in the NCD, one signature
per property, that constitute 67% of all Property Owners in the NCD. Upon receipt of a written
request for any such dissolution, the Historical Commission shall hold a public hearing, notifying
all Property Owners in the NCD, at the address for such owners as listed in the thencurrent real
estate tax list of the Board of Assessors. Within 30 days of such public hearing, the Historical
Commission, by majority vote, shall determine whether the proposed dissolution would be
appropriate and may, at its option, appoint a Study Committee in the manner described in
Section 3(c) to prepare a report with its recommendations. Following such vote of the Historical
Commission or favorable acceptance of a Study Report, as applicable, the Historical
Commission shall bring the proposed dissolution to Town Meeting for approval by majority
vote.
4. NEIGHBORHOOD CONSERVATION DISTRICT COMMISSIONS
(a) Following Town Meeting approval of an NCD designation, and recording of a boundary map
of the NCD at the Middlesex South Registry of Deeds, a Neighborhood Conservation District
Commission shall be appointed under this bylaw and shall consist of five members and two
alternates. One member and one alternate shall be designees of the Historical Commission and
one member shall be a designee of the Planning Board. Three members and one alternate shall be
residents of the NCD, to be appointed by the Town Manager. When reasonably possible, the
NCD Commission shall include an architect, historic preservationist, and/or landscape architect.
(b) Members and alternates of the NCD Commission shall initially be appointed for staggered
terms, and to two-year terms thereafter. Members who are residents of the NCD shall initially be
appointed to staggered terms, and to three-year terms thereafter. Each NCD Commission
member or alternate may continue to serve in office after the expiration of his or her term until a
successor is duly appointed.
5. REVIEW OF CONSTRUCTION AND/OR ALTERATIONS
(a) The Regulations and Guidelines for each NCD shall establish the extent of review required
for any Construction and/or Alteration proposed within that NCD.
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(b) Except as otherwise provided in this Bylaw or in the Regulations and Guidelines of an NCD,
no Building and/or Structure, or its Setting, within a Neighborhood Conservation District shall
be Constructed, Demolished or Altered in any way unless the NCD Commission shall first have
issued a Certificate of Compatibility, a Certificate of Non-Applicability, or a Certificate of
Hardship.
(c) Exemptions from Review:
(i) All of the following categories or types of Construction and/or Alterations shall be
exempt from review by the NCD Commission:
(1) Temporary structures,
(2) Interior alterations,
(3) Storm windows, storm doors, and screens,
(4) Color,
(5) Accessory Buildings of less than 120 square feet of floor area and less
than 10 feet in height,
(6) Alterations and Exterior Architectural Features that are not visible from a
public way or other areas open to public access, including but not limited to, a
public street, public way, public park or public body of water, or
(7) The ordinary maintenance, repair or replacement in kind of Exterior
Architectural and Landscaping Features and/or changes made to meet
requirements deemed by the Building Commissioner to be necessary for public
safety because of an unsafe or dangerous condition. (ii) In addition, the
Regulations and Guidelines for an NCD may provide for other categories or types
of Construction and/or Alterations within that NCD that shall be exempt from
review by its NCD Commission.
(iii) Any Property Owner may request, and the NCD Commission shall issue, a
Certificate of Non-Applicability for any Construction and/or Alteration that is exempt
from the review of the NCD Commission pursuant to the foregoing.
d) Review:
(i) All Construction and/or Alteration that is not exempt from review shall be subject to
review by the NCD Commission.
(ii) Any person proposing Construction and/or Alteration shall first file an application
with the NCD Commission for a Certificate of Compatibility, Certificate of Non-
Applicability or Certificate of Hardship, in such form as the NCD Commission may
reasonably determine, together with such plans, elevations, specifications, photographs,
description of materials, and other information as may be reasonably deemed necessary
by the NCD Commission to enable it to make a determination on the application. The
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date of the filing of an application shall be the date of the receipt of the completed
application by the NCD Commission.
(iii) Following submission of an application deemed complete by the NCD Commission,
the chair of the NCD Commission shall determine within 14 days whether the application
involves features that are subject to review by the Commission. If the chair of the NCD
determines that the application is subject to review, the NCD Commission shall hold a
public hearing within 45 days of the original filing date. Public notice of the time, place
and purpose of the hearing shall be given at least 14 days prior to the hearing date by
publication in a newspaper of general circulation in the Town and by conveying said
notice to the applicant and all owners of properties within 100 feet of the property, at the
address for such owners as listed in the then current real estate tax list of the Board of
Assessors.
(iv) Following the close of the public hearing, the NCD Commission shall determine
whether the proposed Construction and/or Alteration is compatible with the Regulations
and Guidelines established for that NCD. If the NCD Commission determines that the
proposed Construction and/or Alteration is compatible with the general Regulations and
Guidelines, it shall issue a Certificate of Compatibility. If the NCD Commission
determines that the Construction and/or Alteration is not compatible, the NCD
Commission shall provide the applicant with a written statement of the reasons for its
disapproval. A Certificate of Hardship may be issued if the NCD Commission determines
that, owing to conditions especially affecting the Building or Structure but not affecting
the NCD generally, failure to issue a Certificate of Compatibility would result in a
substantial hardship to the applicant and that such application may be approved without
substantial detriment to the public welfare and without substantial derogation from the
intent and purposes of the NCD; provided that upon elimination of the hardship
condition, any incompatible Construction or Alteration shall promptly be removed.
(v) If the NCD Commission fails to issue a Certificate within 60 days after the filing of
the application, or such further time as the applicant may allow in writing, the Certificate
shall be deemed granted.
(vi) The NCD Commission shall within seven days file with the Building Commissioner
copies of all Certificates issued by it as well as any determinations of disapproval.
(vii) The Regulations and Guidelines for the NCD may provide that certain categories or
types of Construction and/or Alteration shall be subject to advisory, non-binding review
by the NCD Commission, or an owner may request such non-binding review of a
otherwise exempt Construction and/or Alteration, in which event the review procedures
shall be followed, but without the NCD Commission voting or rendering a binding
determination.
6. DEMOLITION BY NEGLECT
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(a) If the NCD Commission has reason to believe, through visual inspection or other means, that
a Building or Structure in the NCD may be undergoing Demolition by Neglect, then the NCD
Commission shall notify the Building Commissioner and the Property Owner, and the NCD
Commission and the Building Commissioner shall jointly hold a public hearing to determine
whether it is undergoing Demolition by Neglect, which shall require the concurrence of the
Building Commissioner. In furtherance of determining its condition, the NCD Commission may,
at any time, request an inspection of the Building or Structure by the Building Commissioner.
b) If the NCD Commission and the Building Commissioner both determine that the Building or
Structure is undergoing Demolition by Neglect, the NCD Commission and the Building
Commissioner shall attempt to negotiate a voluntary agreement with the Property Owner for
appropriate and timely repairs sufficient to structurally stabilize the Building or Structure and/or
prevent further deterioration.
(c) In the event that the NCD Commission and the Building Commissioner both determine that
they are not able to negotiate such an agreement with the Property Owner, for any reason, or that
the Property Owner has agreed to undertake but has failed to satisfactorily complete such repairs
in a timely manner, then the NCD Commission and the Building Commissioner may take such
action as is permitted under Section 9, including seeking a court order that specific repairs be
undertaken to secure the Building or Structure against the elements, vandals and vermin, to halt
further deterioration, and to stabilize it structurally. The NCD Commission may forbear from
commencing an action in court for any reason.
(d) Upon completion of all repairs that have been agreed upon between the Property Owner and
the NCD Commission and the Building Commissioner or that have been ordered by the NCD
Commission and the Building Commissioner, or that have been ordered by the court, and upon
certification by the Building Commissioner that said repairs have been completed, the NCD
Commission shall certify that the Building or Structure is no longer undergoing Demolition by
Neglect.
7. REVISION OF REGULATIONS AND GUIDELINES
The NCD Commission shall meet periodically with the Property Owners in the NCD for the
purpose of determining whether the NDC Regulations and Guidelines are still appropriate. The
first of these meetings shall occur three years from the date of the District’s designation as an
NCD, and shall occur at no less than seven year intervals thereafter.
8. DECISION CRITERIA
(a) In passing upon matters before it, the NCD Commission may consider, among other things:
(i) the architectural, aesthetic, cultural, political, economic, social and/or historical value
and significance of the particular Buildings, Structures and/or Settings affected, as well as
the effects of the same on the NCD;
(ii) the suitability of the Construction’s, Alterations’ and/or Setting’s general design,
arrangement and composition of its elements on the distinctive character of the NCD; the
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effect on the cohesiveness of the NCD in terms of scale and massing of the proposed
changes relative to nearby Buildings and Structures in the NCD, the type of construction,
style, the textures and materials of the features involved in the proposed Construction
and/or Alteration;
(iii) the Setting and landscape characteristics, including their relationship to the street,
topography, and existing vegetation, including mature trees, of the particular site
involved in the Construction and/or Alteration, as well as the effects of same on the
NCD;
(iv) for demolitions, the Building, Structure and/or Setting proposed to replace that/those
existing;
(v) alterations necessary for handicap accessibility and other conditions of hardship, as
contemplated in Section 5(d)(iv); and
(vi) all such other standards, factors and matters contained in the Regulations and
Guidelines for the NCD.
(b) In making its determination, the NCD Commission shall, among other things, allow for
appropriate architectural diversity and encourage the compatible updating, expansion and
renovation of Buildings and Structures in the NCD consistent with the distinctive characteristics
of the NCD.
9. JUDICIAL REVIEW, ENFORCEMENT AND LAPSE
(a) The Building Commissioner shall be charged with the enforcement of this Bylaw. The
Building Commissioner is authorized to institute any and all proceedings in law or equity as he
deems necessary and appropriate to obtain compliance with the requirements of this by law, or to
prevent violation thereof.
(b) Anyone found in violation may be fined not more than $500 for each day such violation
continues, each day constituting a separate offense. In addition, no building permit shall be
issued with respect to any premises upon which a Building or Structure subject to the provisions
of this bylaw has been voluntarily altered or demolished in violation of this bylaw for a period of
two years after the date of the completion of such demolition or Alteration or the date by which
the Historical Commission and the Building Commissioner both have determined that a building
is undergoing demolition by neglect, whichever date is later, except pursuant to the issuance of a
building permit pursuant to an agreement reached under Section 5(e), or as otherwise agreed to
by the Historical Commission and the Building Commissioner. As used herein "premises"
includes the parcel of land upon which the demolished Building or Structure was or is located.
(c) Any party aggrieved by a determination of the NCD Commission may, within 45 days after
the filing of the notice of such determination with the Building Commissioner file a written
request with the NCD Commission for a review by a joint meeting with at least three members
each of the Historical Commission and Planning Board. The findings of this joint meeting, which
may sustain or overrule the prior decision of the NCD Commission, shall be filed with the
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Building Commissioner within 45 days after the close of the public hearing, and shall be binding
on the applicant and the joint committee, unless a further appeal is sought in the Superior Court
of Middlesex County.
(d) Certificates of Compatibility and Certificates of Hardship shall expire 18 months, plus such
time as may be required to pursue or await the determination of a judicial review as provided
above, from their date of issuance, if construction has not begun by such date. Notwithstanding
the above, the NCD Commission may grant one or more extensions, of up to six months each, if
there are unavoidable delays.
10. EXISTING BYLAWS NOT REPEALED
(a) Nothing contained in this bylaw shall be construed as repealing or modifying any existing
bylaw or regulation of the Town, but it shall be in addition thereto. If this bylaw imposes greater
restrictions upon the Construction and/or Alteration, of Buildings, Structures or Settings than
other bylaws or provisions of law, such greater restrictions shall prevail.
Planning Board Report on Article 36 1
AMEND ZONING BYLAW ARTICLE 36
NATIONAL FLOOD INSURANCE DISTRICT
RECOMMENDATION
The Planning Board unanimously recommends the motion under Article 36 be APPROVED.
BACKGROUND
The National Flood Insurance Program (NFIP) was established in 1968 with the passage of the
National Flood Insurance Act. The National Flood Insurance Program (NFIP) is a federal
program enabling property owners in participating communities to purchase insurance as
protection against flood losses in exchange for state and community adoption of floodplain
management regulations that reduce future flood damages. Over 20,000 communities participate
in the program, of which Lexington is one.
As part of the regular monitoring and updating of the program, the federal government has
updated its flood insurance district maps as it relates to the Hartwell Avenue area. In order to
remain eligible for federal flood insurance, local municipalities affected by the updatethe Town
must adopt the revised Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) by
July 6, 2016.
If a community does not adopt new floodplain management regulations or amend its existing
regulations before the effective date of the FIRM and FIS report, the community will be
suspended from the NFIP.
PUBLIC HEARING
A duly advertised public hearing was held on January 20, 2016 in the Selectmen’s Meeting
Room in the Town Office Building. After a brief presentation of the proposed motion, no one
spoke to this article and the hearing closed. After deliberations at their meeting of February 24,
the Planning Board voted unanimously to recommend the adoption of this article.
PROPOSED MOTION
That Chapter 135 of the Code of the Town of Lexington, the Zoning Bylaw, be amended as
follows:
1. Amend Sections 7.1.3 & 7.1.6.1.a
7.1.3 Location. The NFI District includes all special flood hazard areas within the Town
of Lexington designated as Zone A and AE on the Middlesex County, Massachusetts
Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management
Agency (FEMA) for the administration of the National Flood Insurance Program. The
map panels of the Middlesex County FIRM that are wholly or partially within the Town
of Lexington are panel numbers 0382F, 0384F, 0392E, 0401E, 0402E, 0403E, 0404E,
0408E, 0411E, 0412E, 0414E, and 0416E, effective July 6, 2016. The exact boundaries
of the District may be defined by the one-hundred-year base flood elevations shown on
the FIRM and further defined by the Middlesex County Flood Insurance Study (FIS)
Planning Board Report on Article 36 2
report, effective July 6, 2016. The FIRM and FIS report are incorporated herein by
reference and are on file with the Town Clerk and available on the Town website.
7.1.6 Use Regulations.
a. Sections of the Massachusetts State Building Code (780 CMR) which address
floodplain and coastal high hazard areas;
2. Amend the Zoning Map to reflect the changes to panel numbers 0382 and 0384, as
described above.
Planning Board Report on Article 37 33
AMEND ZONING BYLAW ARTICLE 37
TECHNICAL CORRECTIONS
RECOMMENDATION
The Planning Board unanimously recommends the motion under Article 37 be APPROVED.
SUMMARY
The purpose of this proposed amendment is to address internal references in Section 5.2, make
several corrections and updates in Section 10 (Definitions), correct internal references related to
those proposed edits, and reformat Section 8.7.
PUBLIC HEARING
A duly advertised public hearing was held on January 20, 2016 in the Selectmen’s Meeting
Room in the Town Office Building. After a brief presentation of the proposed motion, no one
spoke to this article and the hearing closed. After deliberations at their meeting of February 24,
the Planning Board unanimously voted to recommend the adoption of this article.
PROPOSED MOTION
That Chapter 135 of the Code of the Town of Lexington, the Zoning Bylaw, be amended as
follows:
1. Correct internal references within Section 5.2 of the Zoning Bylaw, Signs:
§ 5.2.8.2.a. In particular instances the SPGA may issue special permits for projecting signs
in accordance with § 5.2.1110, if it is determined that…
§ 5.2.8.2.3. In particular instances the SPGA may issue special permits for standing signs
in accordance with § 5.2.1110, if it is determined that…
2. Correct and update Section 10, Definitions:
Delete unused definitions: DBM, indirect light, lowest floor, new construction, radio-
frequency radiation, substantial damage, and substantial improvement.
Add definition for “Telecommunications Act:
Telecommunications Act: The Federal Telecommunications Act of 1996
Delete the definition of “Development Regulations” and replace with “Subdivision
Regulations” and “Zoning Regulations,” in alphabetical order, as detailed below:
Subdivision Regulations: Chapter 175 of the Code of Lexington is the document
adopted and amended from time to time by the Planning Board, containing various
regulations, procedures, standards, and fees for actions used in dealing with
subdivision control and other matters relative to residential and commercial
development in Lexington.
Zoning Regulations: Chapter 176 of the Code of Lexington is the document
adopted and amended from time to time by the Planning Board, containing various
Planning Board Report on Article 37 34
regulations, procedures, standards, and fees for actions that the Planning Board uses
in dealing with special permits, site plan review, and other matters relative to
residential and commercial development in Lexington.
Amend the definition of “funeral home or parlor” to “funeral parlor” as all references to
the term in the Bylaw are to “funeral parlors.”
3. Correct internal references related to the above proposed edits:
Add a reference to the “Telecommunications Act” in §6.4.13, and to “Channel” and
“Wireless Communication Services” to “Telecommunications Act” in Definitions.
Replace the term “Development Regulations” with “Subdivision Regulations,” in §§
5.3.14, 6.9.12, 6.9.13, and in the definition of Proof Plan in Section 10.
4. Reformat section 8.7, Nonconforming Off-Street Parking and Loading to reflect the
format structure it had before the Bylaw was recodified by Town Meeting in 2014. The
structure, with text removed, is summarized below:
8.7.1 Existing Nonconforming Parking Spaces or Loading Bays.
1. Change of Use.
2. Increase in Floor Area.
3. Parking Spaces or Loading Bays in Existence.
4. Parking Spaces or Loading Bays in Existence.
5. Credit.
8.7.2 Reconstruction or Replacement of a Building.
1. If a building…
2. If the uses…
1
AMEND THE ZONING BYLAW & MAP ARTICLE 38
GOVERNMENTAL-CIVIC USE DISTRICT
RECOMMENDATION
The Planning Board unanimously recommends that the motion under Article 38 be
APPROVED.
BACKGROUND
This new zoning district, containing most publicly owned land in the Town held for a public
purpose, designates that these parcels are for governmental use, as opposed to residential or
commercial use. The dimensional controls, permitted uses, and grant of special permitting
authority to the Planning Board ensure that land uses are related to the policies of the
community, and that any development in the district is compatible with surrounding districts and
uses.
A similar proposal was first brought before Town Meeting at its annual meeting in March of
2015. The 2015 proposal garnered broad support, but failed to gain the 2/3rds majority needed
to amend the Zoning Bylaw. The Board requested reconsideration, but decided against bringing
it back to that Town Meeting. The Board used this time to address the comments it received
since last year’s Town Meeting, amending the motion accordingly.
The designation of “civic” districts is a common zoning practice in Massachusetts. The concept
behind this proposal is to make the zoning map, a document expressing a preferred future, reflect
what most residents already see as a vital part of the community. Currently, most of the
protected open space and government-owned land proposed for the Governmental-Civic Use
District is zoned residential.
Most of the communities around Lexington have some version of this concept, including Boston,
Newton, Canton, Woburn, Dover, Stow, and Stoneham. Each of these communities has taken
the concept and adapted it to their particular context, such that no two versions are the same.
Likewise, Lexington’s proposed GC district has been designed to fit Lexington’s unique set of
circumstances.
PARCELS NOT INCLUDED IN THE GC DISTRICT
Not every governmental-owned property was included in the proposed district. Parcels that were
not included in the GC district and remain as previously zoned are listed below with
explanations.
Tax Title. Tax title land was not acquired for a public use and the parcels are scattered around
Town within neighborhoods. One exception to this is tax title land that abuts, or is surrounded
by, land that has been taken for a public purpose – in this case, these takings make sense to
include in the district as they extend or complete the intent of the Town to acquire property. A
good example of this occurs in Meagherville (Precinct 8), where the Town has accumulated
many parcels, but several of these tax title lots have not yet been formally transferred to the
Conservation Commission.
Amend the Zoning Bylaw & Map Article 38
Governmental-Civic Use District
2
Planned Development Districts. Because these districts have dimensional and performance
standards that include the land area of these properties in the calculations, the dedicated open
space in these districts was not included in the district.
Remnants and Rights of Way. Several parcels along existing rights of way (Route 128 and
Route 2) as well as the borders of the Town were not included in the district. These odd shaped
remnants have little useable area.
Housing. Housing is consistent with uses in surrounding residential districts and so these
parcels have not been included. In the new GC district, residential uses will not be permitted.
PROPOSED USES
The proposed GC District includes about 3,000 acres of property. The vast majority of these
parcels are currently in a residential district, although there is some land in existing commercial
districts.
For most of these properties, the designation of the GC represents downzoning; the GC district
reduces the development allowed by right on the parcels. All districts must allow for some uses
however, and this district provides for the state, federal, religious, and educational exemptions
from local zoning that we must provide for under state law, as well as authorizing municipal uses
and all existing or proposed non-municipal uses. No residential uses will be permitted. This
represents a significant reduction to the current allowable uses of these properties. Please see
appendix A for Table 1: Permitted Uses and Development Standards, which lists proposed
uses for the GC district.
In the new GC district, only the following uses will be permitted:
• Uses allowed in all districts
• For-profit schools, museums, art galleries, libraries, and recreational facilities
• Non-profit organizations
• Solar energy systems and wireless communications facilities
• Flea markets and seasonal sale of Christmas trees and wreaths
PUBLIC HEARING
A duly advertised public hearing was held on January 20, 2016 in the Selectmen’s Meeting
Room in the Town Office Building. After a brief presentation of the proposed motion, the Board
answered a few questions on the article and the hearing closed. After deliberations at their
meeting of February 24, the Planning Board unanimously voted to recommend the adoption of
this article.
PROPOSED MOTION
That the Zoning Bylaw and the Zoning Map, Chapter 135 of the Code of the Town of Lexington,
be amended as follows:
1. That Bylaw Section 2.2 be amended to include the new district and renumber the
subsequent sections accordingly:
2.2.1 Governmental-Civic Use Districts
GC Governmental-Civic Use
Amend the Zoning Bylaw & Map Article 38
Governmental-Civic Use District
3
2. That Bylaw Section 3.1, the Table of Uses, be amended to include the proposed district
(see Appendix A).
3. That Bylaw Section 4.4, the Schedule of Dimensional Controls, be amended to include the
proposed district (see Appendix B).
4. That Bylaw Section 5.1.10.3 be amended to permit access across the GC district to any
other district so that the section reads:
No private way or driveway shall be built through a district in which the use
served by the private way or driveway is not permitted except that access through
a GC district to any other district is permitted.
5. That Bylaw Section 5.1.11, Minimum Yards for Parking, be amended to include the new
district, as summarized below:
District Residential
District Line (ft.)
Street Line
(ft.)
All Other Lot
Lines (ft.)
Wall of a Principal
Building (ft.)
GC 0 25 5 5
6. That Bylaw Section 5.3.5, the required depth or width (in feet) of transition areas, be
amended to include the new district as summarized below:
Adjacent District
District
In Which
Lot is
Located
GC RO RS RT RD CN CRS CS CB CLO CRO CM Street
Line
GC - 20 20 20 20 - - - - - - - -
RO - 25* 25* 25* 10* 15 15 20 - 20 20 20 -
RS - 25* 25* 25* 10* 15 15 20 15 20 - - -
RT - 25* 25* 25* 10* 10 10 - - 10 - - -
RD - 20* 20* 20* 20* 20 20 20 20 20 20 20 25
CN - 20 20 20 20 - 10 15 - 20 - - 10
CRS - 20 20 20 20 10 - 15 - 10 - - 10
CS - 20 20 20 20 15 15 - - 15 - - 20
CB - - 20 - 20 - - - - - - - -
Amend the Zoning Bylaw & Map Article 38
Governmental-Civic Use District
4
CLO - 50 50 50 50 10 10 10 - - - - 10
CRO - 50 - - 50 - - - - - - - 50
CM - 50 - - 50 - - - - - - - 25
*No requirement for an individual dwelling
7. That Bylaw Section 9.4.1 be amended to make the Planning Board the special permit
granting authority (SPGA) for special permits in the GC District, so that it reads:
1. The Planning Board shall serve as the SPGA for:
a. All special permits pursuant to § 6.9, Special Permit Residential
Developments
b. All special permits in the Governmental-Civic Use (GC) District
c. When an activity or use requires both site plan review and one or more special
permits, except for a wireless communication facility or as provided below.
8. That the Zoning Map be amended by rezoning to the GC District the parcels listed in a
document titled “List of Parcels to be Rezoned to Governmental-Civic District” dated
March 16, 2015 on file with the Planning Department.
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 5 APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CRS CS CB CLO CRO CM A. RESIDENTIAL USES A.1.0 PRINCIPAL RESIDENTIAL USES A.1.01 One-family dwelling N Y Y Y Y N N N N N N A.1.02 Two-family dwelling N N N Y Y N N N N N N A.1.03 Dwelling unit above street floor level in a commercial or institutional building N N N N N N N Y N N N A.1.04 Congregate living facility N SP SP SP SP N N N N N N A.1.05 Balanced housing development, public benefit development, site sensitive development N SP SP SP N N N N N N N A.2.0 ACCESSORY USES FOR RESIDENTIAL USES A.2.01 Rooming units (not to exceed 3) N Y Y Y N N N N N N N A.2.02 Basic accessory apartment N Y Y N N SP SP SP SP SP SP
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 6 APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CRS CS CB CLO CRO CM A.2.03 Expanded accessory apartment N SP SP N N SP SP SP SP SP SP A.2.04 Accessory structure apartment N SP SP SP SP SP SP SP SP SP SP A.2.05 Bed and breakfast home N Y Y N N SP SP SP SP SP SP A.2.06 Home occupation, instruction N Y Y Y Y SP SP SP SP SP SP A.2.07 Home occupation, minor N Y Y Y Y SP SP SP SP SP SP A.2.08 Home occupation, major N SP SP SP Y SP SP SP SP SP SP A.2.09 Tennis court or court for a sport played with a racquet or paddle including handball N SP SP SP Y Y Y Y Y Y N A.2.010 Family child care home N Y Y Y Y SP SP SP SP SP SP A.2.011 Family child care home, large N SP SP SP SP SP SP SP SP SP SP A.2.012 Adult day care in the home N SP SP SP SP SP SP SP SP SP SP A.2.013 Outdoor parking of commercial vehicles other than one vehicle not larger than 10,000 pounds GVW N N N N Y Y Y Y Y Y Y
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 7 APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CRS CS CB CLO CRO CM A.2.014 Outdoor parking of more than four automobiles for a dwelling unit N SP SP SP SP Y Y Y Y Y Y A.2.015 Indoor parking of commercial vehicles other than one vehicle not larger than 15,000 pounds GVW N N N N N Y Y Y Y Y Y A.2.016 Outdoor storage of unregistered vehicles other than one automobile not stored in the required yard for the principal dwelling, and screened from the view of abutting lots and the street N N N N N N Y N N N N B. INSTITUTIONAL USES B.1.0 PRINCIPAL INSTITUTIONAL USES B.1.01 Child care center Y Y Y Y Y Y Y Y Y Y Y B.1.02 Use of land or structures for religious purposes Y Y Y Y Y Y Y Y Y Y Y
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 8 APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CRS CS CB CLO CRO CM B.1.03 Use of land or structures for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation Y Y Y Y Y Y Y Y Y Y Y B.1.04 Municipal buildings or uses Y Y Y Y Y Y Y Y Y Y Y B.1.05 Park, playground, cemetery Y Y Y Y Y Y Y Y Y Y Y C. PRINCIPAL AGRICULTURAL AND NATURAL RESOURCE USES C.1.0 AS A PRINCIPAL USE C.1.01 Exempt agricultural uses and structures as set forth in G.L. c. 40A, s. 3 Y Y Y Y Y Y Y Y Y Y Y C.1.02 Farm for the raising of crops not exempt by statute Y Y Y Y Y Y Y Y Y Y Y C.1.03 Greenhouse or nursery not exempt by statute SP SP SP SP SP SP SP SP SP SP SP
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 9 APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CRS CS CB CLO CRO CM C.1.04 Horseback riding area or stables not exempt by statute SP SP SP SP N N N N N N N C.1.05 Roadside stand not exempt by statute (for two-year terms) SP SP SP SP SP SP SP SP SP SP SP C.1.06 Removal from a lot of earth materials for sale such as loam, sod, sand, gravel, stone, rock or clay SP SP SP N N N N N N SP SP D. TEMPORARY USES D.1.01 Temporary dwelling to replace a permanent dwelling on the same lot during reconstruction N Y Y Y Y Y Y Y Y Y Y D.1.02 Temporary building or trailer incidental to the construction of a building or land development Y Y Y Y Y Y Y Y Y Y Y
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 10 APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CRS CS CB CLO CRO CM D.1.03 Temporary structures and uses not otherwise permitted in the district, provided the Building Commissioner finds that the proposed structure or use is compatible with the neighborhood Y Y Y Y Y Y Y Y Y Y Y D.1.04 Temporary structures and uses not otherwise permitted in the district, provided the proposed structure or use is compatible with the neighborhood SP SP SP SP SP SP SP SP SP SP SP E. OPERATING STANDARDS - THE FOLLOWING OPERATING STANDARDS APPLY TO ALL USES IN SECTIONS G TO P, INCLUSIVE, OF THIS TABLE IN ADDITION TO ANY STANDARDS SET FORTH THEREIN E.1.01 Operations, in part or in whole, conducted outdoors during operating hours Y SP SP SP SP Y Y SP SP SP Y E.1.02 Storage of equipment and products outdoors during non-operating hours Y N N N N Y Y Y N SP SP
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 11 APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CRS CS CB CLO CRO CM F. DEVELOPMENT STANDARDS - THE FOLLOWING DEVELOPMENT STANDARDS APPLY TO ALL USES IN SECTIONS G TO P, INCLUSIVE, OF THIS TABLE IN ADDITION TO ANY STANDARDS SET FORTH THEREIN F.1.01 Uses and structures with less than 10,000 square feet of gross floor area including the area of any existing structures but not including any floor area devoted to off-street parking, on a lot Y Y Y Y Y Y Y Y Y Y R F.1.02 Uses and structures with 10,000 or more square feet of gross floor area including the area of any existing structures but not including any floor area devoted to off-street parking, on a lot R R R R R R R R R R R G. COMMERCIAL OFFICE USES G.1.0 AS A PRINCIPAL USE G.1.01 Medical, dental, psychiatric office, but not a clinic N N N N Y Y N Y Y Y Y
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 12 APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CRS CS CB CLO CRO CM G.1.02 Medical, dental, psychiatric office, but not a clinic, with related laboratory N N N N N Y N Y Y Y Y G.1.03 Business or professional office N N N N N Y N Y Y Y Y G.2.0 DEVELOPMENT STANDARDS FOR OFFICE USES G.2.01 Office located on street floor level *Not permitted in a center storefront. N N N N Y N N SP* Y Y Y G.2.02 Office located on any floor other than street floor level *Permitted in a basement N N N N N* Y N Y Y Y Y G.2.03 Office space of all companies in a building occupies a total of more than 50% of the floor area in a building N N N N N N N Y Y Y Y
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 13 APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CRS CS CB CLO CRO CM G.2.04 Offices in which one company has more than 1,000 square feet of floor area but not more than 2,500 square feet of floor area in a building N N N N N Y N Y Y Y Y G.2.05 Building used for offices without limit as to the amount of floor area one company may occupy or the percentage of floor area occupied by offices N N N N N N N N N Y Y H. PERSONAL, BUSINESS, OR GENERAL SERVICE USES H.1.0 AS A PRINCIPAL USE H.1.01 Beauty parlor, barber shop N N N N Y Y Y Y Y N Y H.1.02 Laundry or dry cleaning pickup station with processing done elsewhere; laundry or dry cleaning with processing on the premises, self-service laundromat or dry cleaning N N N N Y Y Y Y N N Y
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 14 APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CRS CS CB CLO CRO CM H.1.03 Tailor, dressmaker, shoe repair N N N N Y Y Y Y N N Y H.1.04 Real estate sales or rental N N N N Y Y N Y Y Y Y H.1.05 Bank or Credit Union N N N N N Y N Y Y Y Y H.1.06 Bank or Credit Union with drive-up window or auto-oriented branch bank N N N N N SP N N N SP Y H.1.07 Automatic teller machine N N N N SP Y Y Y Y Y Y H.1.08 Travel agency, insurance agency, ticket agency N N N N N Y N Y Y Y Y H.1.09 Photographic services including commercial photography N N N N Y Y Y Y Y Y Y H.1.010 Repair of household appliances, small tools or equipment, rental of equipment or tools for use in a home N N N N Y Y Y Y N N N H.1.011 Funeral parlor N N N N N N Y N Y N N
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 15 APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CRS CS CB CLO CRO CM H.1.012 Photocopying, reproduction services but not commercial printing N N N N Y Y Y Y Y Y Y H.1.013 Medical clinic for outpatient services N N N N N Y N Y Y Y Y H.1.014 School not exempt by statute SP N N N N Y Y Y Y Y Y H.1.014.1 Instruction in music or the arts, not to exceed 3,500 square feet of floor space per establishment SP N N SP SP Y Y Y Y Y Y H.1.015 Commercial printing, publishing N N N N N N Y Y Y N Y H.1.016 Newspaper distribution agency N N N N N N Y N Y N Y H.1.017 Office of veterinarian N N N N N N Y N N N N H.1.018 Kennel, boarding of household pets N N N N N N Y N N N N
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 16 APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CRS CS CB CLO CRO CM H.1.019 Pet grooming service provided that it shall be conducted entirely within the principal building and no pets shall be boarded overnight N N N N N Y Y Y N N N H.1.020 Private postal service N N N N N Y Y N Y Y Y H.1.021 Recycling collection store N N N N N N SP N N N N H.1.022 Museum, art gallery, private library SP SP SP SP Y Y N Y Y Y N H.1.023 Nonprofit community service center or charitable organization SP SP SP SP Y Y N Y Y Y Y H.1.024 Private, nonprofit club or lodge of social, fraternal, veterans, professional or political association; union hall; not including a recreational club SP SP SP SP Y Y N Y Y Y Y H.2.0 DEVELOPMENT STANDARDS FOR PERSONAL, BUSINESS, OR GENERAL SERVICE USES
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 17 APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CRS CS CB CLO CRO CM H.2.01 Services with more than 1,500 square feet of floor space per establishment Y Y Y Y SP Y Y Y Y Y Y H.2.02 Services with more than 3,500 square feet of floor space per establishment Y Y Y Y N Y Y Y Y Y Y I. SALES OR RENTAL OF GOODS AND EQUIPMENT I.1.0 AS PRINCIPAL USE I.1.01 Convenience goods often bought on a daily basis such as food, candy, newspapers, tobacco products N N N N Y Y Y Y Y Y Y I.1.02 General merchandise, department store N N N N N Y N Y N N N I.1.03 Food, not intended for consumption on the premises; includes grocery store, but not a takeout or fast-food service N N N N Y Y N Y N N SP
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 18 APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CRS CS CB CLO CRO CM I.1.04 Package liquor store, with no consumption of beverages on the premises N N N N N SP N Y N N N I.1.05 Apparel, fabrics and accessories N N N N Y Y N Y N N N I.1.06 Furniture, home furnishings, home appliances and equipment, carpets N N N N N Y N Y N N N I.1.07 Other retail goods such as books, stationery, drugs, sporting goods, jewelry, photographic equipment and supplies, flowers, novelties, cards, footwear, and the like which are typically of a size that a customer can carry by hand N N N N Y Y N Y N N Y I.1.08 Hardware, paint, wallpaper N N N N Y Y Y Y N N N I.1.09 Building materials N N N N N Y Y Y N N N I.1.010 Lawn and garden supplies and equipment N N N N N Y Y Y N N N
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 19 APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CRS CS CB CLO CRO CM I.1.011 Sale or rental of equipment and supplies, such as office furniture, to other businesses N N N N N Y Y N N N Y I.1.012 Artisan work N N N N N N N Y N N N I.1.013 Medical Marijuana Distribution Center N N N N N N N N N N Y I.2.0 DEVELOPMENT STANDARDS FOR SALES OR RENTAL OF GOODS AND EQUIPMENT I.2.01 Stores with more than 2,000 square feet of floor area per establishment N N N N N Y Y Y N N SP I.2.02 Sales or rental conducted in part outdoors with permanent display of products during non-operating hours N N N N N Y Y Y N N SP J. EATING AND DRINKING; TRANSIENT ACCOMMODATIONS J.1.0 AS A PRINCIPAL USE J.1.01 Restaurant N N N N N Y N Y N Y Y J.1.02 Fast-food service N N N N SP SP N SP N SP Y
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 20 APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CRS CS CB CLO CRO CM J.1.03 Takeout food service (* Requires a special permit for service between the hours of 11PM and 7 AM) N N N N Y* Y* SP Y* N Y* Y* J.1.04 Caterer or other establishment preparing meals for groups of people (* Only in conjunction with a substantial retail food business) N N N N N N Y SP* N N Y J.1.05 Drive-in or drive-through food service N N N N N N N N N N N J.1.06 Hotel, motel N N N N N N N SP N SP Y K. COMMERCIAL RECREATION, AMUSEMENT, ENTERTAINMENT K.1.0 AS A PRINCIPAL USE K.1.01 Movie theater (indoor) N N N N N N N Y N N N K.1.02 Indoor athletic and exercise facilities, weight reduction salon N N N N N SP Y Y N N Y
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 21 APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CRS CS CB CLO CRO CM K.1.03 Recreational facilities such as golf course, tennis or swimming club SP SP SP SP SP SP SP SP SP SP SP K.1.04 Private nonprofit recreational facility such as golf course, tennis or swimming club SP SP SP SP Y Y Y Y Y Y Y L. MOTOR VEHICLE RELATED SALES AND SERVICE USES L.1.0 AS A PRINCIPAL USE L.1.01 Motor vehicle sales or rental; includes automobiles, trucks, campers, vans, recreational vehicles, boats, or trailers N N N N N SP SP N N N SP L.1.02 Service station, sale of fuel and other motor oil products and accessories such as batteries, tires N N N N N SP SP N N N N L.1.03 Sales and installation of automotive parts such as tires, mufflers, brakes and motor vehicle accessories N N N N N N SP N N N N
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 22 APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CRS CS CB CLO CRO CM L.1.04 Motor vehicle maintenance and minor repairs limited to engine tune-up, lubrication and installation of replacement parts, adjustment or replacement of brakes or tires, washing and polishing, but not including engine overhaul, body work or painting N N N N N SP SP N N N SP L.1.05 Substantial motor vehicle repair including engine overhaul, body work and painting N N N N N N SP N N N N L.1.06 Car wash conducted entirely within a building N N N N N N SP N N N N L.1.07 Automobile parking lot where the parking spaces do not serve a principal use on the same lot and where no sales or service takes place SP N N N N N SP SP N SP SP L.1.08 Storage of automobiles or trucks N N N N N N SP N N N N
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 23 APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CRS CS CB CLO CRO CM M. CONSTRUCTION, STORAGE, DISTRIBUTION AND INDUSTRIAL USES M.1.0 AS A PRINCIPAL USE M.1.01 Bakery N N N N N N Y N N N N M.1.02 Industrial services such as machine shop, welding N N N N N N SP N N N Y M.1.03 Commercial mover, associated storage facilities N N N N N N SP N N N Y M.1.04 Distribution center, parcel delivery, commercial mail delivery center N N N N N N N N N Y Y M.1.05 Office, display or sales space of a wholesale or distributing establishment, provided that not more than 25% of the floor area is used for assembly of products N N N N N N Y N N N N M.1.06 Trade shop N N N N N N Y N N N N
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 24 APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CRS CS CB CLO CRO CM M.1.07 Office, yard and storage facilities for construction company such as a general contractor, landscape contractor N N N N N N SP N N N N M.1.08 Fuel oil dealer including sale and repair of heating equipment but not including bulk storage of fuel oil N N N N N N SP N N N N N. MANUFACTURING USES N.1.0 AS A PRINCIPAL USE N.1.01 Light manufacturing N N N N N N N N N N Y N.1.02 Laboratory engaged in research, experimental and testing activities, which may include the development of mock-ups and prototypes but not the manufacture of finished products N N N N N N N N N Y Y N.1.03 Medical Marijuana Treatment Center N N N N N N N N N N Y
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 25 APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CRS CS CB CLO CRO CM O. UTILITY, COMMUNICATIONS, AND TRANSPORTATION USES O.1.0 AS A PRINCIPAL USE O.1.01 Radio, television studio, but without transmitting or receiving towers N N N N N Y Y N N Y Y O.1.02 Transmitting or receiving tower or antenna for commercial activities other than those which are used exclusively for wireless communication facilities N N N N N N N N N N Y O.1.03 Commercial ambulance service N N N N N N SP N N N N O.1.04 Taxicab garage, parking area N N N N N N SP N N N N O.1.05 Bus garage or storage facility N N N N N N SP N N N Y O.1.06 Parking maintenance facilities for commercial vehicles N N N N N N SP N N N Y
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 26 APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CRS CS CB CLO CRO CM O.1.07 Landing place for helicopters not including storage or maintenance facilities N N N N N N N N N SP SP O.1.08 Wireless communication facility *Yes if concealed as per § 6.4.4 SP* SP* SP* SP* SP* SP* SP* SP* SP* SP* SP* O.1.09 Essential services Y Y Y Y SP Y Y Y Y Y Y O.1.10 Ground mounted solar energy systems Y N N N N N N N N N R P. OPEN AIR, SEASONAL AND SPECIAL EVENTS P.1.0 AS A PRINCIPAL USE P.1.01 Flea market Y N N N N N SP N N N N P.1.02 Seasonal sale of Christmas trees and wreaths Y SP SP SP SP Y Y N SP SP SP Q. ACCESSORY USES FOR COMMERCIAL USES
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 27 APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CRS CS CB CLO CRO CM Q.1.01 Parking of trucks or other equipment to be used for the maintenance of the buildings and grounds only; shall be parked only in a garage or in an outdoor area not within the minimum yard for the principal building and shall be screened from the view of abutting lots and the street Y Y Y Y Y Y Y Y Y Y Y Q.1.02 Temporary overnight outdoor parking of freight carrying or material handling equipment Y N N N N Y Y Y Y Y Y Q.1.03 Convenience business use SP SP SP SP SP Y Y Y Y Y Y
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 28 APPENDIX A Table 1: Permitted Uses and Development Standards GC RO RS RT CN CRS CS CB CLO CRO CM Q.1.04 Cafeteria, dining room, conference rooms, function rooms, recreational facilities; the use shall be conducted primarily for the employees or clientele of the principal use and not for the general public and shall be conducted entirely within the principal building with no evidence of the existence of the use from the street or from any lot line SP SP SP SP Y Y Y Y Y Y Y Q.1.05 Processing, storage and limited manufacturing of goods and materials related solely to research, experimental and testing activities N N N N N N N N N Y Y Q.1.06 Light manufacturing N N N N N N N N N SP Y Q.1.07 Outdoor storage of inoperable or unregistered motor vehicles SP N N N N N SP N N N N
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 29 APPENDIX B 4.4 TABLE 2, SCHEDULE OF DIMENSIONAL CONTROLS Zoning Districts GC RO RS & RT CN CRS CS CB CLO CRO CM Minimum lot area NR 30,000 SF 15,500 SF 15,500 SF 15,500 SF 20,000 SF NR 30,000 SF 5 AC 3 AC Minimum lot frontage in feet NR 150 125 125 125 125 20 175 300 200 Minimum front yard in feet (a), (b), (h) NR 30 30 30 30 30 NR (c) 50 100 25 Minimum side yard in feet NR 15 (d) 15 (d) 20 20 15 NR 30 50 25 (f) Minimum rear yard in feet NR 15 (d) 15 (d) 20 20 20 10 30 50 25 (f) Minimum side and rear yard adjacent to, or front yard across the street from a residential district in feet NR 15 15 30 30 30 30 50 100 100 (f) Maximum floor area ratio (FAR) NR NR (g) NR (g) 0.20 0.20 0.20 2.0 0.25 0.15 0.35 (f) Maximum site coverage NR 15% (e) 15% (e) 20% 25% 25% NR 20% 25% NR Institutional buildings, maximum height: In stories: In feet: 2.5 (f) 40 (f) 2.5 40 2.5 40 3 45 3 45 3 45 2 30 3 45 3 45 NR 65 (f) Other buildings, maximum height: In stories: In feet: 2.5 (f) 40 (f) 2.5 40 2.5 40 1 15 2 25 2 25 2 25 2 30 3 45 NR 65 (f)
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 30 SCHEDULE OF DIMENSIONAL CONTROLS FOOTNOTES: As used in the Schedule of Dimensional Controls, symbol “NR” means no requirements, “AC” means acres, “SF” means square feet, and “feet” means linear feet. a. Where lawfully adopted building lines require yards in excess of these requirements, the building line shall govern. b. The minimum front yard for any other street, which is not the frontage street (see definition), shall be 2/3 of that required for the frontage street. In the case of nonresidential uses located in the RO, RS, or RT Districts (see Table 1) or for uses located in the CM District, the minimum front yard facing all streets shall be the same as that for the frontage street. c. Except ten-foot yard on Muzzey Street, Raymond Street, Vine Brook Road and Wallis Court for lots abutting these streets. d. For institutional uses (see Table 1) the minimum setback for a building shall be the greater of 25 feet or a distance equal to the height of the building as defined in § 4.3. For other nonresidential uses (see Table 1), increase the required side yard to 20 ft. plus one ft. for every ½ acre (or fraction thereof) over ½ acre lot area. e. Applicable only to uses permitted by special permit. f. This limit may be waived by special permit. g. For institutional uses (see Table 1), the maximum floor area ratio shall be 0.25. h. Along the southwesterly side of Bedford Street between the Northern Circumferential Highway (Route 128) and Hartwell Avenue there shall be a front yard of 233 feet measured from the base line of Bedford Street as shown on the Commonwealth of Massachusetts layout 4689, date June 3, 1958, and shown as auxiliary base line “F on the State Highway Alteration layout 5016, dated August 30, 1960.
Amend the Zoning Bylaw & Map Article 38 Governmental-Civic Use District 31 Appendix C: Proposed Governmental-Civic Use District
Planning Board Report on Article 37 33
AMEND ZONING BYLAW ARTICLE 41
RESIDENTIAL GROSS FLOOR AREA
RECOMMENDATION
The Planning Board <<unanimously/4-1/3-2>> recommends the motion under Article 41 be
<<APPROVED>>.
SUMMARY
The purpose of this article is to address concerns over single (and two) family homes that are
seemingly built as large as possible, limited only by the applicable setback and height limits,
through introducing a cap on the amount of square footage that any lot may contain.
BACKGROUND
Gross floor area and its close relation, floor area ratio (FAR), were first developed by planners as
ways to describe the amount of square footage contained in the structures of a given area versus
the overall size of that area. It did not take long however for communities to start incorporating
these metrics directly into their local codes, as these descriptors can also be used to limit the
amount of construction in a certain area. This article proposes a floor area limitation based on a
graduated formula, largely driven by lot size, as shown below.
0
2000
4000
6000
8000
10000
12000
Maximum Gross Floor Area (SF)Lot Area (SF)
Planning Board Report on Article 37 34
The Planning Board believes this article will:
• Better predict the size of house that may be built on a given lot;
• Preserve existing neighborhood character;
• Reduce the negative impacts on abutters, like shadows, loss of views, and loss of privacy;
• Preserve the Town’s moderate-sized housing stock; and
• Preserve open space on lots.
In drafting this proposal, the Planning Board worked closely with its sub-committee, the
Residential Policy Committee, to explore the many dimensions the topic raised. Especially
tough for all involved was how to strike a balance between the likely negative financial impacts
it may have on to property owners and Town revenue versus the desire of the community to
shape its character.
To this end, the RPC spent several months understanding current trends and possible policy
responses. Ultimately, they presented two scenarios to the Board: one represented a floor area
cap that would have minimal effects on property values and tax revenue, aimed mainly at
preventing the most egregious overbuilding. The other proposal represented a more restrictive
approach with broader goals. During its deliberations, the Board chose to refine this more
restrictive proposal and the objectives it sought to accomplish.
There are several reasons this approach was preferred by the Board. First was acknowledging
the teardown phenomena and the mixed-blessing it represents, i.e., it is good for the Town’s tax
revenues and for individual property owners, but it troubles a notable percentage of citizens as
well. What began as a trickle in the early 1990’s has now become the predominate process for
residential development. Over Fiscal Years 2008 to 2015, about four hundred homes (four
percent of the town’s single-family inventory) were torn down and replaced. These new homes
are usually significantly larger than the former homes and involve a fair amount of site
disturbance, loss of trees, etc.
While much of the conversation around this article has focused on these impacts, it is necessary
to acknowledge that these specifics often seem like a proxy for a broader theme about the
direction the community is heading. Many of those providing input to the board feel that the
Town is in danger of becoming an exclusive enclave community for the wealthy, with little to no
place for middle-class families.
After careful review and consideration of the many comments received on this article, the Board
determined that the appropriate course of action is to prioritize the long-term concerns of the
community and proceed with a more restrictive proposal, despite potential adverse impacts to the
Town and individual homeowners.
PUBLIC HEARING
A duly advertised public hearing was held on January 20, 2016 in the Selectmen’s Meeting
Room in the Town Office Building. Please see the minutes of this meeting for the details. After
deliberations at their meeting of February 24, the Planning Board voted, by a vote of 3-2, to
recommend the adoption of this article. Members Corcoran-Ronchetti, Johnson, and Dunn were
in favor; Canale and Hornig opposed.
PROPOSED MOTION
<<INSERT FINAL MOTION>>
Planning Board Report on Article 44 xx
AMEND ZONING BYLAW ARTICLE 44
PLANNED DEVELOPMENT DISTRICTS
RECOMMENDATION
The Planning Board unanimously recommends the motion under Article 44 be APPROVED.
SUMMARY
This article would make several changes to processes related to Planned Development (PD)
Districts in an effort to simplify the standards, processes, and terminology. A single district type
that can be residential, commercial, or mixed use with no predetermined standards would replace
the current Planned Residential (RD) and Planned Commercial (CD) district types. Zoning
changes involving PDs would utilize normal Town Meeting processes rather than special rules.
In addition, final plans would be reviewed utilizing the site plan review process rather than the
special permit process. Existing CD and RD districts would remain covered by existing rules
until amended.
BACKGROUND
Based on prior approvals of PD Districts the existing criteria and process are both complicated
and inflexible. The proposed amendments to the Bylaw will permit considerable flexibility in
the development of tracts of land by requiring few predetermined standards as well as permit the
use of development standards that are more detailed than the more general standards elsewhere
in this bylaw. Changes will also permit a developer to propose, and for the Town to vote on, a
site development and use plan unique to a particular location
PUBLIC HEARING
A duly advertised public hearing was held on February 10, 2016 in the Selectmen’s Meeting
Room in the Town Office Building. After a brief presentation of the proposed motion, no one
spoke to this article and the hearing closed. After deliberations at their meeting of February 24,
the Planning Board unanimously voted to recommend the adoption of this article.
PROPOSED MOTION
That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended1 as
follows:
2.2.3 Planned Development Districts
PD Planned Development
7.3 PLANNED DEVELOPMENT DISTRICTS.
7.3.1 Purpose. A planned development (PD) district is intended to:
1. Permit considerable flexibility in the development of tracts of land by requiring few
predetermined standards;
1 A strikethrough version is available upon request from the Planning Department
Planning Board Report on Article 44 xx
2. Permit a developer to propose, and for the Town to vote on, a site development and
use plan unique to a particular location;
3. Permit the use of development standards more detailed than the more general
standards elsewhere in this bylaw; and
Provide information for the Town to evaluate the potential impacts of a proposed development
and to enable the Town to require adherence to such site development plans.
That the Bylaw be amended by removing Section 7.3.1.5 &7.3.1.6 and replaced with the
following:
7.3.2 Provisions Applicable to PD Districts.
1. Standards for development. A PD District does not have predetermined standards for
development. Such standards are to be proposed by the developer, included in the
preliminary site development and use plan and approved by Town Meeting.
2. Uses permitted. Any uses may be permitted in a PD District if they are clearly
identified in the preliminary site development and use plan approved by Town
Meeting.
3. Compliance required. No use is permitted and no development may occur in a PD
District except in substantial conformity with a preliminary site development and use
plan approved by Town Meeting, the provisions of this section and site plan review
under section 9.5. In no case may the use or development be inconsistent with the text
of the preliminary site development and use plan.
4. Filings. Each petition presented to the Town Meeting for rezoning land to a PD
District shall include a preliminary site development and use plan describing the
proposed zoning provisions and development plan as described in the Planning
Board's rules and regulations. Two copies of the preliminary site development and
use plan which accompanies a petition for a rezoning shall be filed with the Town
Clerk and one copy with the Planning Board at least three weeks prior to the Planning
Board public hearing required to be held under MGL c. 40A. Subsequent to that
public hearing, revisions to the preliminary site development and use plan may be
filed with the Town Clerk and the Planning Board. The vote of the Town Meeting
shall refer to the preliminary site development and use plan and it shall be considered
part of the rezoning action.
5. Previous amendments. The preliminary site development and use plan for an existing
PD district that was approved by an earlier Town Meeting may be amended. The
proposed amendments shall be presented and acted upon in the same manner set forth
in this section for an original petition.
6. Application for site plan review. The application for site plan review under this
section shall be accompanied by a copy, certified by the Town Clerk, of the
preliminary site development and use plan approved by the Town Meeting.
AGENDA ITEM SUM M ARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve Complete Streets Policy (5 min.)
PRESENTER:
Carl F. Valente, Town Manager
ITEM
NUMBER:
I.7
SUMMARY:
At the 2015 Annual Town Meeting, Article 35 was ap p ro ved expressing the Town's interes t in ap p lying
Complete Streets p rinc ip les to future road, s id ewalk and other trans it related projec ts . Complete Streets are
d es igned and o p erated to p ro vide s afe and ac c es s ib le ac commodatio ns for all us ers of Lexington roadways
and travel sys tems . F urther, the Massac hus etts Department of Trans p o rtation (Mas s DOT ) rec ently releas ed
d etails o f a grant program that will provid e fund ing to munic ip alities that have ad o p ted a Co mp lete Street
p o licy.
This revised draft of the Co mp lete Streets polic y reflects those changes req ues ted by the Bo ard of Selec tmen
fo llo wing its review o n February 22.
Attac hed is a red-line vers io n o f the Polic y, s ho wing the c hanges mad e from the earlier draft, and the polic y
with the c hanges fully integrated .
SUGGESTED MOTION:
Move to approve the Complete Streets policy as presented (as amended) and authorize the Chairman
to sign this policy as an approved policy of the Board of Selectmen.
(If this d raft is a ccep table, sta ff will format it as a B oard p olicy for the Ch a irma n 's sig n a ture.)
FOLLOW-UP:
Onc e approved b y the Board o f S electmen, the polic y will b e sub mitted to Mas s DOT fo r its review.
DATE AND APPROXIMATE TIME ON AGENDA:
3/7/2016 9:05 P M
ATTACHMENTS:
Des crip tion Typ e
Revised Complete Streets Policy (redlind vers ion)Bylaw/Regulation
Revised Complete Streets Policy Bylaw/Regulation
Town of Lexington
Board of Selectmen
COMPLETE STREETS POLICY
Draft 2-March 7, 2016
Vision and Purpose:
In 2015, Lexington Town Meeting overwhelming unanimously approved Article 45, which recommended
that the Board of Selectmen make it a priority to develop a town-wide process to improve safety for
pedestrians and cyclists in a unified, efficient and prompt way. In that same year, Town Meeting also
approved unanimously Article 35, which would allow the Town to participate in the State’s Complete
Streets Program. The passage of both Articles represents the Town of Lexington’s understanding and
support for the development and adoption of Complete Streets principles.
Complete Streets are designed and operated to provide safe and accessible accommodations for all
users of Lexington roadways and travel systems,. The implementation of Complete Streets principles
contribute toward the safety, health, economic viability, and quality of life in a community by improving
the pedestrian and vehicular environments and providing accessible and efficient connections between
home, school, work, recreation and retail destinations throughout the community. The purpose of
Lexington’s Complete Streets policy, therefore, is to accommodate all users by creating a transportation
network that meets the needs of residents and visitors who utilize a variety of transportation modes.
It is the intent of the Board of Selectmen to consider, as a matter of practice, the implementation of
Complete Streets elements during the planning and design of capital projects so that they are safe for
users of all ages and abilities. This policy guides decision-makers to consistently plan, design, and
construct capital projects to accommodate all anticipated users. Examples of Complete Streets
approaches can be found in Figure 1.
Complete Streets Scope:
The Town of Lexington recognizes the needs of users of various modes of transportation systems,
including, but not limited to, including pedestrians, bicyclists, transit riders and motorists of varying ages
and physical and cognitive abilities as well as operators of passenger, commercial and emergency
vehicles.
The Town of Lexington views its transportation capital projects, new and/or to be
reconstructedreconstruction, as potential opportunities to apply Complete Streets design principles. The
Town will, to the maximum extent practical, design, construct, maintain, and operate all streets and
other travel systems to provide for a comprehensive and integrated network of facilities.
Complete Streets design recommendations shall be evaluated for all transportation related capital
projects, as appropriate and subject to the availability of funds. All transportation infrastructure and
capital projects requiring funding or approval by the Town, as well as projects funded by the state and
federal government (e.g., Chapter 90 funds, Transportation Improvement Program (TIP), the MassWorks
Infrastructure Program, and other state and federal funds for infrastructure design), shall consider the
Town’s Complete Streets policy. Private developments and related roadway design components or
corresponding roadway-related components, requiring approval by the Town, shall consider the Town’s
Complete Streets principles. In addition, to the extent practical, the Town will work with MassDOT to
comply with the Complete Streets policy on state-owned roadways within Town boundaries including
the design, construction, and maintenance of such roadways.
Transportation infrastructure may be excluded, based upon the determination of the Town Engineer in
consultation with the Department of Public Works Director, where documentation and data indicate
that:
1. Facilities where specific users are prohibited by law, such as interstate freeways or retail
developmentsprivate property.
2. Cost or impacts of accommodations is excessively disproportionate to the need, current or
probable use or probable future use.
3. Funding is currently unavailable, recognizing that all infrastructure projects are subject to the
availability of resources. In such cases, efforts will be made to program certain infrastructure
improvements at a future date. Costs associated with the maintenance of new infrastructure
will also be considered as it effects the Town’s future operational budgets.
Model Practices:
The Board of Selectmen’s Complete Streets policy will focus on developing a connected, integrated
network that serves all users. Complete Streets will be integrated into policies, planning, and design of
all types of public projects and private developments, requiring Town approval, including new
construction, reconstruction, and rehabilitation of transportation facilities on roadways, trails and
redevelopment projects.
Recognizing that the implementation of a Complete Streets program requires interdepartmental
involvement, this Complete Streets policy will be organization wide and, to the greatest extent presently
possible, be applied to private developers as well as state, regional, and federal agencies.
Complete Streets principles include the development and implementation of projects in a context
sensitive manner in which project implementation is sensitive to the community’s physical, economic,
and social setting. The context-sensitive approach to process and design includes a range of goals by
considering stakeholder and community values on a level plane with the project need. It includes goals
related to livability with greater participation of those affected in order to gain project consensus. The
overall goal of this approach is to preserve and enhance scenic, aesthetic, historical, and environmental
resources while improving or maintaining safety, mobility, and infrastructure conditions.
The Town of Lexington recognizes that Complete Streets may be achieved through multiple elements
incorporated into a particular project or incrementally through a series of smaller improvements or
activities over time.
The latest design guidance, standards, and practices available will be used in the implementation of
Complete Streets including:
• The Massachusetts Department of Transportation Project Design and Development Guidebook
• The latest edition of the American Association of State Highway Transportation Officials
(AASHTO) A Policy on Geometric Design of Highway and Streets
• The United States Department of Transportation Federal Highway Administration’s Manual on
Uniform Traffic Design Controls (2009)
• The Architectural Access Board (AAB) 521CMR Rules and Regulations
• Proposed and any future adopted versions of the United States Access Board’s Public Right-Of-
Way Access Guidelines (PROWAG)
• The latest editions of the National Association of City Transportation Officials (NACTO) Urban
Street, Bikeway, and Transit Design Guides
• Documents and plans created for the Town of Lexington, such as bicycle and pedestrian network
plans
Lexington’s Complete Streets implementation and effectiveness shouldshall be annually evaluated for
success and opportunities for improvement by the Transportation Safety Group (TSG), a multi-
disciplinary group designated by the Town Manager. The Town will also work towards developing
performance measures to gauge implementation and effectiveness of thethis policypolicies.
Implementation:
The Town shall apply the principles of Complete Streets design a practice for all transportation projects
and programs, as these provide an opportunity to improve streets and the transportation network for all
users. The TSG will review all capital transportation and related projects for Complete Streets
opportunities.
Town staff, working with relevant Committees and elected officials, shall review and either revise or
develop proposed revisions to all appropriate planning documents (master plans, open space and
recreation plan, etc.), zoning and subdivision codes, laws, procedures, rules, regulations, guidelines,
programs, and templates to integrate Complete Streets principles in all transportation projects.
To assist in establishing Complete Street priorities, the Town will use existing infrastructure planning
tools including a pavement management plan (covering all streets in town), a pedestrian facility
condition index, a five-year capital plan, Lexington’s Tree Management Manual and various GIS transit
related maps. Further,
tThe Town shall maintain a comprehensive inventory of pedestrian and bicycle facility infrastructure to
assist in prioritizing proposed projects, helping to eliminate gaps in the Town’s sidewalk and bikeway
network.
The Town will consider the cost-benefit of capital projects prioritization to when prioritizing encourage
the implementation of proposed Complete Streets implementation projects.
The Town will inform and train pertinent Town staff and decision-makers on the content of Complete
Streets principles and best practices for implementing policy through workshops and other appropriate
means.
The Town will seek out appropriate sources of funding and grants for implementation of Complete
Streets policies.
Figure 1: Examples of Complete Streets (Examples of Complete Streets Features Provided by MassDOT)
Town of Lexington
Board of Selectmen
COMPLETE STREETS POLICY
Draft 2-March 7, 2016
Vision and Purpose:
In 2015, Lexington Town Meeting unanimously approved Article 45, which recommended that the Board
of Selectmen make it a priority to develop a town-wide process to improve safety for pedestrians and
cyclists in a unified, efficient and prompt way. In that same year, Town Meeting also approved
unanimously Article 35, which would allow the Town to participate in the State’s Complete Streets
Program. The passage of both Articles represents the Town of Lexington’s understanding and support
for the development and adoption of Complete Streets principles.
Complete Streets are designed and operated to provide safe and accessible accommodations for all
users of Lexington roadways and travel systems. The implementation of Complete Streets principles
contribute toward the safety, health, economic viability, and quality of life in a community by improving
the pedestrian and vehicular environments and providing accessible and efficient connections between
home, school, work, recreation and retail destinations throughout the community. The purpose of
Lexington’s Complete Streets policy, therefore, is to accommodate all users by creating a transportation
network that meets the needs of residents and visitors who utilize a variety of transportation modes.
It is the intent of the Board of Selectmen to consider, as a matter of practice, the implementation of
Complete Streets elements during the planning and design of capital projects so that they are safe for
users of all ages and abilities. This policy guides decision-makers to consistently plan, design, and
construct capital projects to accommodate all anticipated users. Examples of Complete Streets
approaches can be found in Figure 1.
Complete Streets Scope:
The Town of Lexington recognizes the needs of users of various modes of transportation systems,
including, but not limited to, pedestrians, bicyclists, transit riders and motorists of varying ages and
physical and cognitive abilities as well as operators of passenger, commercial and emergency vehicles.
The Town of Lexington views its transportation capital projects, new and/or to be reconstructed, as
potential opportunities to apply Complete Streets design principles. The Town will, to the maximum
extent practical, design, construct, maintain, and operate all streets and other travel systems to provide
for a comprehensive and integrated network of facilities.
Complete Streets design recommendations shall be evaluated for all transportation related capital
projects, as appropriate and subject to the availability of funds. All transportation infrastructure and
capital projects requiring funding or approval by the Town, as well as projects funded by the state and
federal government (e.g., Chapter 90 funds, Transportation Improvement Program (TIP), the MassWorks
Infrastructure Program, and other state and federal funds for infrastructure design), shall consider the
Town’s Complete Streets policy. Private developments and related roadway design components or
corresponding roadway-related components, requiring approval by the Town, shall consider the Town’s
Complete Streets principles. In addition, to the extent practical, the Town will work with MassDOT to
comply with the Complete Streets policy on state-owned roadways within Town boundaries including
the design, construction, and maintenance of such roadways.
Transportation infrastructure may be excluded, based upon the determination of the Town Engineer in
consultation with the Department of Public Works Director, where documentation and data indicate
that:
1. Facilities where specific users are prohibited by law, such as interstate freeways or private
property.
2. Cost or impacts of accommodations is excessively disproportionate to the need, current use
or probable future use.
3. Funding is currently unavailable, recognizing that all infrastructure projects are subject to the
availability of resources. In such cases, efforts will be made to program certain infrastructure
improvements at a future date. Costs associated with the maintenance of new infrastructure
will also be considered as it effects the Town’s future operational budgets.
Model Practices:
The Board of Selectmen’s Complete Streets policy will focus on developing a connected, integrated
network that serves all users. Complete Streets will be integrated into policies, planning, and design of
all types of public projects and private developments, requiring Town approval, including new
construction, reconstruction, and rehabilitation of transportation facilities on roadways, trails and
redevelopment projects.
Recognizing that the implementation of a Complete Streets program requires interdepartmental
involvement, this Complete Streets policy will be organization wide and, to the greatest extent presently
possible, be applied to private developers as well as state, regional, and federal agencies.
Complete Streets principles include the development and implementation of projects in a context
sensitive manner in which project implementation is sensitive to the community’s physical, economic,
and social setting. The context-sensitive approach to process and design includes a range of goals by
considering stakeholder and community values on a level plane with the project need. It includes goals
related to livability with greater participation of those affected in order to gain project consensus. The
overall goal of this approach is to preserve and enhance scenic, aesthetic, historical, and environmental
resources while improving or maintaining safety, mobility, and infrastructure conditions.
The Town of Lexington recognizes that Complete Streets may be achieved through multiple elements
incorporated into a particular project or incrementally through a series of smaller improvements or
activities over time.
The latest design guidance, standards, and practices available will be used in the implementation of
Complete Streets including:
• The Massachusetts Department of Transportation Project Design and Development Guidebook
• The latest edition of the American Association of State Highway Transportation Officials
(AASHTO) A Policy on Geometric Design of Highway and Streets
• The United States Department of Transportation Federal Highway Administration’s Manual on
Uniform Traffic Design Controls (2009)
• The Architectural Access Board (AAB) 521CMR Rules and Regulations
• Proposed and any future adopted versions of the United States Access Board’s Public Right-Of-
Way Access Guidelines (PROWAG)
• The latest editions of the National Association of City Transportation Officials (NACTO) Urban
Street, Bikeway, and Transit Design Guides
• Documents and plans created for the Town of Lexington, such as bicycle and pedestrian network
plans
Lexington’s Complete Streets implementation and effectiveness shall be annually evaluated for success
and opportunities for improvement by the Transportation Safety Group (TSG), a multi-disciplinary group
designated by the Town Manager. The Town will also work towards developing performance measures
to gauge implementation and effectiveness of this policy.
Implementation:
The Town shall apply the principles of Complete Streets design a practice for all transportation projects
and programs, as these provide an opportunity to improve streets and the transportation network for all
users. The TSG will review all capital transportation and related projects for Complete Streets
opportunities.
Town staff, working with relevant Committees and elected officials, shall review and either revise or
develop proposed revisions to all appropriate planning documents (master plans, open space and
recreation plan, etc.), zoning and subdivision codes, laws, procedures, rules, regulations, guidelines,
programs, and templates to integrate Complete Streets principles in all transportation projects.
To assist in establishing Complete Street priorities, the Town will use existing infrastructure planning
tools including a pavement management plan (covering all streets in town), a pedestrian facility
condition index, a five-year capital plan, Lexington’s Tree Management Manual and various GIS transit
related maps. Further, the Town shall maintain a comprehensive inventory of pedestrian and bicycle
facility infrastructure to assist in prioritizing proposed projects, helping to eliminate gaps in the Town’s
sidewalk and bikeway network.
The Town will consider the cost-benefit of capital projects when prioritizing the implementation of
proposed Complete Streets projects
The Town will inform and train pertinent Town staff and decision-makers on the content of Complete
Streets principles and best practices for implementing policy through workshops and other appropriate
means.
The Town will seek out appropriate sources of funding and grants for implementation of Complete
Streets policies.
Figure 1: Examples of Complete Streets (Examples of Complete Streets Features Provided by MassDOT)
AGENDA ITEM SUM M ARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Aloft/Element - Change to Lodging and Entertainment Licenses (5 min.)
PRESENTER:
Jo e Pato
ITEM
NUMBER:
I.8
SUMMARY:
New owners have req uested approval of Innkeep er and Entertainment Licens es fo r Aloft and Element. They
are reques ted that the licens es be is s ued p rior to their proposed closing o n Marc h 23, 2016.
SUGGESTED MOTION:
Mo tion to app ro ve an Innkeeper Lic ense to Lixi Hos pitality Lexingto n, Inc., d/b /a Alo ft Lexington, lo cated at
727A Marrett Road.
Mo tion to app ro ve an Entertainment Lic ense to Lixi Hospitality Lexingto n, Inc ., d/b /a Alo ft Lexington, loc ated
at 727A Marrett Road.
Mo tion to app ro ve an Innkeeper Lic ense to Lixi Hos pitality Lexingto n, Inc., d/b /a Element Lexington, lo cated
at 727B Marrett Road.
Mo tiont o app ro ve an Entertainment Lic ense to Lixi Hospitality Lexingto n, Inc ., d/b /a Element Lexington,
lo cated at 727B Marrett Ro ad .
FOLLOW-UP:
Selec tmen's O ffic e
DATE AND APPROXIMATE TIME ON AGENDA:
3/7/2016 9:10 P M
ATTACHMENTS:
Des crip tion Typ e
Request from Sherin and Lodgen for Aloft/Element Licens es Backup Material
AGENDA ITEM SUM M ARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Town Manager Appointment - Conservation Commission (5 min.)
PRESENTER:
Carl F. Valente, Town Manager
ITEM
NUMBER:
I.9
SUMMARY:
Reques t that the Bo ard of Selec tmen approve the To wn Manager's ap p o intment o f Alexandra Dohan to the
Cons ervatio n C o mmis s io n. Ms . Dohan has been a memb er of the Co nservatio n Commission since 2014
and is c urrent with her Ethics Commission training.
SUGGESTED MOTION:
Mo ve to ap prove the Town Manager's reapp o intment of Alexand ra Do han as a memb er of the Co nservatio n
Commission.
FOLLOW-UP:
Town Manager's Office will s end a reappointment letter.
DATE AND APPROXIMATE TIME ON AGENDA:
3/7/2016 9:15 P M
ATTACHMENTS:
Des crip tion Typ e
Alexandra Dohan Reappointment Application Backup Material
AGENDA ITEM SUM M ARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Selectmen Committee Appointments (5 min.)
PRESENTER:
Jo e Pato
ITEM
NUMBER:
I.10
SUMMARY:
The 20/20 Vis ion C o mmittee has reques ted that Margaret Coppe b e appointed to the committee. She is c urrent
o n her Ethic s Commis s ion training.
The Counc il fo r the Arts has req uested that Rebec ca McGowan b e appointed to the committee.
SUGGESTED MOTION:
Mo tion to app o int Margaret Coppe to the 20/20 Vis io n Committee to fill the unexp ired term to of Saatvik
Ahluwalia until Septemb er 30, 2016.
Mo tion to app o int R eb ecc a Mc Go wan to the C o uncil fo r the Arts to fill the unexp ired term of Matthew
Pronchick until Septemb er 30, 2017.
FOLLOW-UP:
Selec tmen's O ffic e
DATE AND APPROXIMATE TIME ON AGENDA:
3/7/2016 9:20 P M
ATTACHMENTS:
Des crip tion Typ e
20/20 Vis ion Committee Reques t to Appoint Margaret Coppe Backup Material
Margaret Coppe Application for 20/20/Vis ion Committee Backup Material
Current Members - 20/20 Vis ion Committee Backup Material
Rebecca McGowan Application for Council for the Arts Backup Material
Current Members - Council for the Arts Backup Material
AGENDA ITEM SUM M ARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve Traffic Rules and Orders Change from March 9, 2015
PRESENTER:
Jo e Pato
ITEM
NUMBER:
C.1
SUMMARY:
On March 9, 2015 you approved amend ing c ode fo r a p arking p ro p o s al for the c enter. At the time a Traffic
Rules and Ord ers F o rm was no t p ro vided. You are b eing asked to sign the fo rm no w s o it c an b e included in
the c o d e.
SUGGESTED MOTION:
Mo tion to app ro ve the c o nsent agend a.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
3/7/2016 9:25 P M
ATTACHMENTS:
Des crip tion Typ e
Traffic Rules and Orders Changes for March 9, 2015 Bylaw/Regulation
Minutes from March 9, 2015 Regarding Code Changes Backup Material
68-393
Selectmen’s Meeting – March 9, 2015
Request of the Lions Club for the 59th Annual Carnival
Mr. Lucente and Ms. Rizzo-Riley, representing and Lions Club, requested use of Hastings Park
for the 59th Annual Fourth of July Carnival from June 28, 2015 through Monday, July 6, 2015.
The Lions Club met with Town Staff (including Police, Fire, Public Works, Recreation,
Community Development and Public Facilities) and was provided with feedback/comments/
requirements to improve this year’s carnival.
A resident from 6 Wheeler Road had safety concerns about the carnival since her child was
injured by a sign board when it fell down Mr. Lucente responded that the carnival operator will
make sure that signage is secured this year.
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Lions Club
to hold the July 4th Carnival from Sunday, June 28, 2015 through Monday, July 6, 2015 with the
times as requested in the Lions Club letter dated February 9, 2015.
Upon motion duly made and seconded, it was voted 5-0 to approve the request of the Lions Club
to have lighting turned on until 11:30 p.m. from June 29, 2015 through July 5, 2015.
Upon motion duly made and seconded, it was voted 5-0 to approve a fireworks display on
Thursday, July 2, 2015, at approximately 9:30 p.m., subject to approval of the fireworks vendor
and necessary safety precautions required by the Fire Department.
Massachusetts Avenue Parking Proposal for the Center
Ms. Tintocalis, Economic Development Director, and Mr. Kucharsky, Planner, made a
presentation and recommendations for three geographic areas to improve parking conditions in
and around the Town Center: 1) new striping for 14 parking spaces on both sides of
Massachusetts Avenue west of the Town Center to improve the safe utilization of existing
parking; 2) changing the posted regulation on the north side of Massachusetts Avenue east of the
Town Center to allow legal parking for 18 spaces; and 3) new regulations for Slocum Road.
The proposed parking proposals will maintain sightlines following the state regulation that
prohibits parking within 20 feet of an intersection (staff also evaluated driveways and crossways)
and identify potential conflicts between motorists, pedestrians and cyclists. The physical road
design elements are intended to reduce vehicle speeds and improve driver attentiveness and
narrowing the real or apparent width of the street is an effective design measure identified by
federal and state agencies to reduce operating speeds on a roadway.
The following monitoring program has been developed to gauge the recommendations
effectiveness and identify impacts if any:
1. Prior to implementation document activity on Massachusetts Avenue and residential side
streets;
68-394
Selectmen’s Meeting – March 9, 2015
2. Allow conditions to normalize for one quarter;
3. Each quarter conduct utilization counts for a one week period during AM, MD and PM
peak hours;
4. Counts will include parked vehicles, bicycle and pedestrian activity; and
5. Present findings to the Board of Selectmen after one year.
The recommendations are:
Massachusetts Avenue West of the Town Center – approve amending the code to allow for
vehicle parking with no time restrictions on the north side of Massachusetts Avenue from Forest
Street to approximately 340 feet east adding the necessary striping and approve amending the
code to allow for vehicle parking with no time restrictions on the south side of Massachusetts
Avenue from Forest Street to approximately 225 feet east adding the necessary striping.
Massachusetts Avenue East of the Town Center – approve amending the code to allow for
vehicle parking with no time restriction with Woburn Street/Fletcher Avenue to Rowland
Avenue adding the necessary striping and signage.
Slocum Road, Hunt Road and Rowland Avenue – approve amending the code to indicate No
Parking Anytime on the west side of Slocum Road from Massachusetts Avenue to Highland
Avenue adding the necessary signage; approve amending the code to indicate No Parking 7:00
a.m. to 10:00 a.m. with two hour parking 10:00 a.m. to 6:00 p.m. Monday through Friday on the
east side of Slocum Road from the terminus of the existing No Parking Anytime zone to
Highland Avenue adding the necessary signage; and approve four permit parking spaces on east
side of Slocum Road from the terminus of the existing No Parking Anytime zone to Hunt Road.
Mr. Tremblay, 1949 Massachusetts Avenue, is concerned about the impact of painted parking
lines in the historic area and the recommended no parking restrictions.
Ms. Swartz, 15 Slocum Road, stated that cars parking starts at 6:00 a.m. each morning which
causes a problem with the kids getting safely on the bus and bus getting down the street. She
supports the recommendations to add No Parking signs, and restricting the time and length of
parking, but she does not support the permit parking.
Mr. Kossey, 1460 Massachusetts Avenue, is not in favor of adding parking along Massachusetts
Avenue in east Lexington because it is a gateway into the Town and because of the large volume
of traffic.
Ms. Cohen, 14 Slocum Road, does not support the permit parking because of her concern for the
safety of the kids.
Mr. Palant, 16 Slocum Road, is against the permit parking because of the poor site lines. He is
also concerned about the traffic getting worse on Slocum Road if a traffic light is installed at the
Winthrop Road/Massachusetts Avenue intersection.
68-395
Selectmen’s Meeting – March 9, 2015
Mr. O’Brien, 1454 Massachusetts Avenue, is not in favor of moving employees from downtown
to Slocum Road; there should be other alternatives.
Ms. Wahl, 5 Rowland Avenue, is concerned the parking problem in the center is being moved
down to east Lexington.
Ms. O’Keefe, 22 Slocum Road, is against the permit parking because the existing road is narrow
and it would impact traffic.
Ms. McEwen, 1436 Massachusetts Avenue, is not in favor adding a bike lane to Massachusetts
Avenue. She also feels Slocum Road is too dangerous to have parking spaces. She suggested
looking at alternatives for employee parking.
Ms. Tintocalis responded that employees are encouraged to use alternative modes of
transportation, which is part of the Complete Streets Program.
Ms. Toomey, 23 Slocum Road, feels Slocum Road is too narrow, not safe for kids and there is
not enough room sometimes for the bus to get through. She is also opposed to the permit
parking.
Mr. Toomey, 23 Slocum Road, is against the permit parking. The cars that park are commuters
who provide zero dollars for the benefit of the Town.
Ms. Sahagian, 11 Slocum Road, has difficulty parking in his driveway.
Mr. Teague, 7 Rowland Avenue, feels the cost to the residents is higher with more traffic and
parking spaces that will change the feel of the neighborhood.
Mr. Pressman, 22 Locust Avenue, asked if the Selectmen had considered a single deck parking
structure.
Ms. Tintocalis responded that there is no specific recommendation currently but will look at for
the future. Cost is an issue.
Mr. Melton, 22 Slocum Road, asked if parking at Muzzey and local churches had been looked at
as an alternative.
Mr. Kucharsky responded that the Town currently has leases with some of the churches in Town
for parking and trying to find additional spaces.
The Selectmen asked why there are no restrictions on parking in this area. Ms. Tintocalis
responded that if there is no signage the restrictions cannot be enforced.
68-396
Selectmen’s Meeting – March 9, 2015
Police Chief Corr stated that the current bylaw prohibits overnight parking all year round, but the
policy has been to enforce only during winter.
Mr. Kelley thought the plan was to look at parking alternatives to free up short-term spaces in the
center and to move long-term employee parkers out of the center. He is not ready to vote on the
recommendations and is not a fan of the proposed painted parking spaces; he suggested using
signage rather than painted lines.
Upon motion duly made and seconded, it was voted 4-1 (Mr. Kelley opposed) to approve
amending the code to allow for vehicle parking with no time restrictions on the north side of
Massachusetts Avenue from Forest Street to approximately 340 feet east adding the necessary
striping.
Upon motion duly made and seconded, it was voted 4-1 (Mr. Kelley opposed) to approve
amending the code to allow for vehicle parking with no time restrictions on the south side of
Massachusetts Avenue from Forest Street to approximately 225 feet east adding the necessary
striping.
Upon motion duly made and seconded, it was voted 4-1 (Mr. Kelley opposed) to approve
amending the code to allow for vehicle parking with no time restrictions on the north side of
Massachusetts Avenue from approximately 75 feet east of the intersection with Woburn
Street/Fletcher Avenue to Rowland Avenue adding the necessary striping and signage.
The Selectmen decided to wait on the proposed signage changes for parking and the Slocum
Road permit parking until additional discussions take place and there is better agreement on what
should be done.
Additional Parking Signage Proposal for the Center
Ms. Tintocalis, Economic Development Director, and Mr. Kucharsky, Planner, made a
presentation and recommendations for three additional parking signs: Massachusetts Avenue at
the Town Office Exit. Massachusetts Avenue at Meriam Street/Clarke Street, and Massachusetts
Avenue at Waltham Street (2 options). The Option 1 parking sign would be installed on the arm
of the street light and Option 2 would be installed on the pole at the corner of Massachusetts
Avenue and Waltham Street. The parking sign recommendations are consistent with the
Lexington Center Parking Management and Implementation Plan, staff and the Town Manager’s
Parking Management Group.
Mr. Kelley does not feel the parking sign is needed at the Massachusetts Avenue/Waltham Street
intersection.
Upon motion duly made and seconded, it was voted 5-0 to approve the installation of a parking
sign at Massachusetts Avenue at the Town Office exit and one at Massachusetts Avenue at
Meriam Street/Clarke Street intersection.
AGENDA ITEM SUM M ARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve Use of the Battle Green - Filming Reenactment Rehearsal on April 3, 2016
PRESENTER:
Jo e Pato
ITEM
NUMBER:
C.2
SUMMARY:
Attac hed is a reques t to use the Battle Green to film the reenactment rehears al o n Ap ril 3, 2016. The Lexington
Minute Men have given p ermis s io n fo r the filming.
SUGGESTED MOTION:
Mo tion to app ro ve the c o nsent agend a.
FOLLOW-UP:
Selec tmen's O ffic e
DATE AND APPROXIMATE TIME ON AGENDA:
3/7/2016 9:25 P M
AGENDA ITEM SUM M ARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve Request for Water and Sewer Deferral
PRESENTER:
Jo e Pato
ITEM
NUMBER:
C.3
SUMMARY:
The res id ent o f 137 R eed S treet has sub mitted an ap p licatio n fo r deferral of the F Y2016 water and sewer
p ayments.
SUGGESTED MOTION:
Mo tion to app ro ve the c o nsent agend a.
FOLLOW-UP:
Selec tmen's O ffic e
DATE AND APPROXIMATE TIME ON AGENDA:
3/7/2016 9:25 P M
ATTACHMENTS:
Des crip tion Typ e
Application for Deferral of Water and Sewer -137 Reed Street Backup Material
AGENDA ITEM SUM M ARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve One-Day Liquor Licenses - Spectacle Management
PRESENTER:
Jo e Pato
ITEM
NUMBER:
C.4
SUMMARY:
Spec table Management has req uested the following one-d ay liq uor licens es to s erve b eer and wine in the Cary
Memo rial Building Lobby:
April 3, 2016, 2:00 p .m. to 6:00 p.m. (C ap itol Step s )
April 23, 2016, 7:00 p.m. to 11:00 p .m. (Go rd o n Lightfo o t)
SUGGESTED MOTION:
Mo tion to app ro ve the c o nsent agend a.
FOLLOW-UP:
Selec tmen's O ffic e
DATE AND APPROXIMATE TIME ON AGENDA:
3/7/2016 9:25 P M
ATTACHMENTS:
Des crip tion Typ e
Spectacle Management Application for One-Day Liquor Licens e for April Backup Material