HomeMy WebLinkAbout2021-11-08-STM#1-min-as Amended June 2022 November 8,2021 Special Town Meeting 01(2021-1)
The 2021 Special Town Meeting was held remotely due to the COVID-19 pandemic.In order to hold
the meeting remotely,a virtual platform was developed by Select Board member Joseph Pato.
Electronic voting was conducted via the platform and results were reported on the Town's website as
per usual practice.
The Moderator called the meeting to order at 7:32 p.m.and noted that a staff help line was available
if anyone was experiencing technical difficulties.It was pointed out that participants should be
patient as the system was coming online. A few Meeting Members stated that they were getting an
invalid certificate error.
As many Meeting Members continued to encounter technical difficulties,the Moderator called a
recess at 7:42 p.m.to allow the system to catch up with the demand.
7:47 p.m. The Moderator stated that the Meeting would move forward with general announcements
and using the"hand raise"feature.
7:48 p.m. The Meeting was called back into order.
Town Clerk,Mary de Alderete,read the Warrant for the Special Town Meeting until waived.The
Town Clerk then read the Constable's Return of Service.
7:49 p.m. The Moderator welcomed members of the town and school staff as well as members of
boards and committees and those who would present Town Meeting articles.The
Moderator also welcomed residents and other visitors who were watching via cable tv or
livestreaming the event on LexMedia.org.and noted that those members of the public who
wished to submit an article to debate on the motion could go the Town website to do so.
7:51 p.m. Attendance was unable to be taken due to technical difficulties.
7:53 p.m. Lisah Rhodes,Pct.9,stated as a Point of Order that many Meeting Members still could
not log in to the system,which made them unable to use the attendance feature.
7:54 p.m. The Moderator called a recess in order for the issue to be investigated.
7:56 p.m. The Moderator stated that after consultation with Mr.Pato,the system issue could not be
resolved that evening.
7:57 p.m. Ms.Jill Hai, Select Board Chair,Motioned to Adjourn the Special Town Meeting#1 to
Tuesday,November 9,2021,such meeting to be held remotely. As there were no
objections,the Moderator declared the Motion adopted and the Meeting adjourned.
November 8,2021 Special Town Meeting#1(2021-1),cont.
November 9,2021 Adjourned Session of the 2021 Special Town Meeting 01
Moderator Deborah Brown called the second session of 2021-1 Special Town Meeting to order at
7:31 p.m.on Tuesday,November 9,2021.The meeting held remotely due to the COVID-19
pandemic.
The Moderator thanked Meeting Members for their patience and good humor after the recent
technical difficulties and recognized Mr.Pato to give a brief overview of the issues he had addressed.
Mr.Pato stated that the customary practice for a virtual Town Meeting was to move the Portal to a
dedicated server,but that the prior version had a different database engine and therefore had caused
7,000 failed connections during the previous evening. He noted that there had been no failed
connections,this evening,and they were back on a shared host that was running the same version of
the software from before,and asked that everyone be gentle in using the system during high volume
moments,and allow a random 2-5 seconds when voting. He further noted that he would be
monitoring for any further issues,and would alert the Moderator if that happened.
The Moderator thanked Mr.Pato for his diligent work in getting it restored overnight.
7:34 p.m. The Moderator asked Meeting Members to hold Monday,November 15th through
Thursday,November 18th as a conservative"plan V in case there were further issues
with the system. She noted that if everything went smoothly,all four dates might not be
required.
7:35 p.m. The Moderator called for the testing of the electronic voting system.Attendance was
taken.
The Moderator noted that tech support was available if anyone ran into issues,then gave an overview
of parliamentary procedure and practice during the meeting and stated that the public could
participate through a dedicated link on the Town Meeting portion of the website in order to submit a
comment or speak for or against an Article.
7:42 p.m. The Moderator noted that a quorum in excess of 100 members had been obtained.
7:46 p.m. The Moderator noted that the Select Board had revised Article 5's main motion and
therefore it would not be taken up in this session of the Meeting. A new deadline for
amendments would be discussed once the new motion had been posted.
7:47 p.m. The Moderator then called for a vote to approve the use of remote technology for the
Special Town Meeting and for the use of the remote electronic voting system.
Ms.Hai, Select Board Chair,moved that the Town Meeting Members approve the use of
Remote Technology during the Meeting.
Following remote electronic vote tallying,the Moderator declared the:
Motion to approve use of remote technology for the Special Town Meeting
Yes No Abstain
172 0 3
MOTION UNANIMOUSLY CARRIES
7:52 p.m. The Moderator then called for a procedural vote in order to take Articles out of order.
Ms.Hai, Select Board Chair,moved that the Town Meeting take up the Consent
Agenda and then Articles 12, 13,and 14.
7:52 p.m. As there were no objections,the Moderator declared Town Meeting open on the
Consent Agenda.
November 8,2021 Special Town Meeting#1(2021-1),cont.
CONSENT AGENDA
The Moderator explained that the Consent Agenda included only those articles which had the
unanimous support of the Select Board,the Capital Expenditures Committee,and the Appropriation
Committee.The Consent Agenda included the following Articles and subsections:Articles 2,6(a,b,
and c), 8,and 11. The Moderator noted that there would not be presentations nor debate on those
Articles,but questions would be permitted. She further noted that an Article could be removed from
the Consent Agenda at the request of ten(10)Members of Town Meeting.
7:54 p.m. Ms.Hai,Select Board Chair,moved all motions on the Consent Agenda. The Moderator
read the title of each item.
ARTICLE 2:APPROPRIATE FOR PRIOR YEARS'UNPAID BILLS
To see if the Town will vote to raise and appropriate money to pay any unpaid bills rendered to the
Town for prior years;to determine whether the money shall be provided by the tax levy,by transfer
from available funds,or by any combination of these methods;or act in any other manner in relation
thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to request funds to pay bills after the close of the fiscal year
in which the goods were received or the services performed and for which no money was encumbered.
MOTION: Ms.Hai moves that this article be indefinitely postponed.
ARTICLE 6:APPROPRIATE FOR COMMUNITY PRESERVATION PROJECTS
To see if the Town will vote to hear and act on the report of the Community Preservation Committee
and,pursuant to the recommendations of the Community Preservation Committee,to appropriate from
the Community Preservation Fund for the acquisition,creation and preservation of open space;for the
acquisition, preservation, rehabilitation and restoration of historic resources; for the acquisition,
creation,preservation,rehabilitation and restoration of land for recreational use; for the acquisition,
creation,preservation and support of community housing; and for the rehabilitation or restoration of
open space and community housing that is acquired or created with moneys from the Community
Preservation Fund;to appropriate funds for such projects and determine whether the money shall be
provided by the tax levy, or from estimated Community Preservation Act surcharges and the state
match for the current fiscal year,from the Undesignated Fund Balance of the Community Preservation
Fund, by transfer from other available funds, including enterprise funds, by borrowing, or by any
combination of these methods;or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Community Preservation Committee)
FUNDS REQUESTED:
a. Park and Playground Improvements- Sutherland Park- Supplemental-$75,000
b. Parker Meadow Accessible Trail Construction- Supplemental-$235,750
c. Old Reservoir Bathhouse Construction-Unknown at press time
DESCRIPTION: This article requests that Community Preservation funds and other funds, as
necessary,be appropriated for the projects recommended by the Community Preservation Committee.
Articles 6a. and 6b. are requesting additional funding for projects appropriated at the 2020 Annual
Town Meeting. The original appropriation for Sutherland Park was $95,000 and the original
appropriation for Parker Meadow Accessible Trail Construction was$551,026. The purpose of Article
6c is to modify the scope of the Old Reservoir Bath House Renovation project that was appropriated
under Article 14G of the 2019 Annual Town Meeting. The revised scope will include construction of
November 8,2021 Special Town Meeting#1(2021-1),cont.
a new prefabricated,precast facility. No additional funding is expected for the change in scope which
will be covered within the original appropriation of$620,000.
MOTION:
Ms.Hai moves that the Town hear and act on the supplemental report of the Community Preservation
Committee on the FY2022 Community Preservation budget and,pursuant to the recommendations of
the Community Preservation Committee,take the following actions:
That the Town make appropriations from the Community Preservation Fund and other sources as
follows:
a) That$75,000 be appropriated for Park and Playground Improvements- Sutherland
Park-Supplemental,and that to meet this appropriation$75,000 be appropriated from
the Unbudgeted Reserve of the Community Preservation Fund;
b) That$235,750 be appropriated for Parker Meadow Accessible Trail Construction-
Supplemental,and that to meet this appropriation$235,750 be appropriated from the
Unbudgeted Reserve of the Community Preservation Fund;and
c) That the permitted uses of the$620,000 appropriated for the Old Reservoir Bathhouse
Renovation under Article 14g of the 2020 Annual Town Meeting be modified to
include the construction of a new Bathhouse at the Old Reservoir site,including
through the use of new or prefabricated construction,and all other costs incidental or
related thereto.
ARTICLE 8:CLIMATE ACTION PLAN
To see if the Town will vote to raise and appropriate a sum of money to plan and conduct outreach to
update the Sustainable Action Plan with the Climate Action plan;to determine whether the money shall
be provided by the tax levy,by transfer from available funds,or by any combination of these methods;
or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: In 2018 the Town published a Getting to Net Zero roadmap,an important step in the
right direction to update and implement our community's goals for reaching sustainable objectives
including reduction of emissions laid out in the Sustainable Action Plan.The Climate Action Planning
is the next step in putting together the Climate Action plan and will use extensive, inclusive, and
creative outreach.
MOTION: Ms.Hai moves that this article be indefinitely postponed.
ARTICLE 11:EASEMENTS FOR THE TOWN OF BURLINGTON
To see if the Town will vote to authorize the Select Board to convey temporary and permanent
easements in Lowell Street and North Street to the Town of Burlington as needed by the Town of
Burlington to construct and maintain a water line and associated infrastructure and improvements;or
act in any other manner in relation thereto.
(Inserted by the Select Board)
DESCRIPTION: This article would authorize the Select Board to grant easements to the Town of
Burlington to construct and maintain a water main and associated improvements to connect to an
MWRA water connection near the border of the two towns. The water main would benefit both
Burlington and Lexington properties. Construction and maintenance of the water main would proceed
pursuant to an Intermunicipal Agreement between the Towns dated June 14, 2021. Under that
agreement,Burlington would pay for the costs of designing and constructing the project,and Lexington
would have the opportunity to review Burlington's proposed design. Both towns would share in the
costs of ongoing maintenance of the water line.
November 8,2021 Special Town Meeting#1(2021-1),cont.
MOTION:
Ms.Hai moves that the Select Board be authorized to grant an easement to the Town of Burlington to
install,construct and maintain a water line within Lowell Street and North Street in the area shown on
the plan entitled"Town of Burlington Phase 2A-24"Water Main Replacement Project",prepared by
Wright Pierce and dated July 22,2021,a copy of which is on file with the Town's Department of Public
Works,on such terms as the Select Board deem appropriate.
7:55 p.m. The Moderator called the Members to vote on the Consent Agenda.
7:56 p.m. Steven Heinrich,Pct.3,noted a Point of Order and discussed how the CPC funds
seemed to neglect to provide for middle-aged children in the planning and he hoped
that would be remembered in the future.
7:58 p.m. Marilyn Fenollosa,Historical Commission Chair,stated that the Recreation
Department had heard the message loud and clear and that they were having
conversations with the community regarding acceptability of the Rindge project and
more information could be asked of the Recreation Director.
7:59 p.m. The Moderator stated that this seemed to be a conversation that should be taken off-
line as voting was in process.
Following remote electronic vote tallying,the Moderator declared the:
Motion to Approve the Consent Agenda
Adopted on a vote of:
Yes No Abstain
176 0 4
MOTION UNANIMOUSLY CARRIES
8:00 P.M. The Moderator recognized Mr.Hornig,Chair of the Planning Board,to offer a few
remarks. Mr.Hornig stated the following:
"On behalf of the Planning Board,I would like to take this last opportunity to thank
Amanda Loomis,our outgoing Planning Director,for all her work both in support of
the Planning Board and the whole Town of Lexington.
"Ms.Loomis arrived 2 years ago at the end of a difficult period for the Planning
Office and Planning Board and at the beginning of a worldwide pandemic. She guided
the Board into this new world of virtual meetings,welcomed our new members,and
made it possible for the Board to propose and Town Meeting to adopt zoning changes
covering everything from basement floors to cell towers.Less visibly,she led the
effort to update the Planning Board's development regulations and worked with the
rest of the staff to keep up with a permitting workload that has only increased during
the pandemic.
"We wish Ms.Loomis the best in her future efforts and look forward to working
productively with our remaining staff."
8:02 p.m. Mr.Hornig asked that Mr.Robert Peters be recognized for Article 12, 13, 14, 15,and
16.
Mr.Peters motioned to receive the written reports of the Planning Board for Articles
12, 13, 14, 15,and 16 and place them on file with the Town Clerk.
8:02 p.m. As there were no objections,the Moderator declared Town Meeting open on Article
12.
ARTICLE 12:AMEND ZONING BYLAW-STRUCTURES IN YARDS
To see if the Town will vote to amend the Zoning Bylaw to update certain provisions related to walls,
fences,and structures in yards,including: adding a definition of"fence-,limiting the height of fences
and retaining walls near lot boundaries; permitting structures enabling access for disabled persons
anywhere on a lot;prohibiting structures in yards that interfere with safe stopping sight distance on a
street;making the definition of"yard"consistent with other provisions of the bylaw;or act in any other
manner in relation thereto.
November 8,2021 Special Town Meeting#1(2021-1),cont.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would update the Zoning Bylaw in a number of ways related to walls,
fences,and structures in yards to:
• Add a definition of"fence",
• Limit the height of fences and retaining walls along a street;
• Limit the height of retaining walls near side and rear lot boundaries to their distance from the
lot line;
• Treat combinations of fences and retaining walls as a single structure for the purpose of these
limits;
• Permit structures enabling access for disabled persons anywhere on a lot;
• Prohibit structures in yards which interfere with safe sight distance on a street;and
• Clarify that structures other than buildings are permitted in minimum required yards,subject to
height limitations.
ARTICLE 12:AMEND ZONING BYLAW STRUCTURES IN YARDS
MOTION:
Mr. Stevens moves that the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington,be
amended as follows,where *, eice=text is to be removed and underlined text is to be added,
except where otherwise stated below,and further that non-substantive changes to the numbering of
this bylaw be permitted in order that it be in compliance with the numbering format of the Code of
the Town of Lexington:
1. Amend§ 135-4.3.1 as follows:
4.3.1 Structures Other than Buildings.
1. The maximum height,in feet,for structures other than buildings may not exceed the
maximum height for buildings as set forth in Table 2.
2. Structures other than buildings may be located in a minimum required front,rear or
side yard provided that the height of the structure is not greater than its horizontal
distance from the lot line,except that:
a. Structures of any height which are required to enable access for disabled persons
may be located anywhere on a lot,
b. A fence��^"not greater than six feet in height(@*e@pt 44at^ sWpai4it4g pas
may be located on or closer to
a side or rear lot line,4ia- *�fe4;ara
c. A fence or retaining wall not greater than four feet in height may be located on or
closer to a front lot line;and
d. Supporting posts for a fence may extend six inches higher than the top of a fence.
3. Structures shall not interfere with safe stopping sight distance on a street.
4. Where two or more fences or retaining walls are separated by a distance that is less
than the height of the highest such structure,all such structures shall be considered a
single structure and their height shall be measured as the combined height of the
structures.
5. A sign,permitted under§5.2,may be located in a front yard.
2. In§ 135-10.0,add a new definition as follows:
November 8,2021 Special Town Meeting#1(2021-1),cont.
FENCE
A barrier intended to prevent escape or intrusion or to mark a boundary,but not a
retaining wall.
3. In§ 135-10.0,amend definitions as follows:
STRUCTURE
Anything constructed or erected,the use of which requires a fixed location on the
ground,or attachment to something located on the ground,including buildings,mobile
homes,billboards,tanks, Solar Energy Systems,or the like,or the parts thereof,
fences,retaining walls,and swimming pools,but not including paved surfaces such as
a driveway,a walk or a patio.
YARD
An open space on a lot unoccupied by a building of s4iae4ff e or such parts thereof as
covered or uncovered porches,steps,cornices,eaves and other projections
Yard depth shall be measured from the
t_ewer lot line,and not from the middle of any public or private way whether owned
pursuant to the derelict fee statute or otherwise,to the nearest point on a building in a
line perpendicular or normal to such lot of st+ee line.
n#oo4li4o.,,,a .,djaeo„t t4@F@t
YARD,MINIMUM REQUIRED
A strip of land of uniform depth required by this bylaw measured from the lot
of t+ee line and adjacent thereto
8:03 p.m. Mr.Hornig presented the Report of the Planning Board and noted that the Planning Board
unanimously recommended Article 12.
8:07 p.m. Ms.Hai stated the unanimous opposition of the Select Board and noted that there had
been concerns regarding varied topography where retaining walls were necessary yet
fences would be a safety concern and the size of some lots would not allow the setback.
She further noted that one Member had concerns regarding sightlines.
8:08 p.m. The Moderator called debate and questions open on Article 12.
8:09 p.m. Mr.Joe Pato,Town Meeting Member-at-Large,moved the following Amendment:
Article 12
Mr.Pato moves to amend the main motion for Article 12,(Amend Zoning Bylaw Structures in
Yards)to retain the 6-foot height limitation for fences near the front lot line and removing the
consideration of a retaining wall and adjacent fence as a single structure by:
1) Removing the proposed substantive changes to§135-4.3.1.2.b and adding clarifying
language that one fence and/or one retaining wall is allowed closer to a lot line than six
feet each no more than six feet high so that§135-4.3.1.2.b now reads:
b.One fence and/or one retaining wall not greater than six feet each in height may be
located on or closer to a lot line than six feet;and
and
2) Removing proposed change§135-4.3.1.4
So that the motion now reads:
November 8,2021 Special Town Meeting#1(2021-1),cont.
MOTION:
That the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington,be amended as follows,
where s4.aek�1..etig � is to be removed and underlined text is to be added,except where
otherwise stated below,and further that non-substantive changes to the numbering of this bylaw be
permitted in order that it be in compliance with the numbering format of the Code of the Town of
Lexington:
1.Amend§ 135-4.3.1 as follows:
4.3.1 Structures Other than Buildings.
1.The maximum height,in feet,for structures other than buildings may not exceed the
maximum height for buildings as set forth in Table 2.
2. Structures other than buildings may be located in a minimum required front,rear or
side yard provided that the height of the structure is not greater than its horizontal
distance from the lot line,except that:
a. Structures of any height which are required to enable access for disabled
persons may be located anywhere on a lot;
b.A One fence and/or one retaining wall not greater than six feet each in
height
iii heigkj may be located on or closer to a lot line than six feet;and
c. Supporting posts for a fence may extend six inches higher than the top of a
fence.
3. Structures shall not interfere with safe stopping sight distance on a street.
4.A sign,permitted under§ 5.2,may be located in a front yard.
2.In§ 135-10.0,add a new definition as follows:
FENCE
A barrier intended to prevent escape or intrusion or to mark a boundary,but not a retaining wall.
3.In§ 135-10.0,amend definitions as follows:
STRUCTURE
Anything constructed or erected,the use of which requires a fixed location on the ground,or
attachment to something located on the ground,including buildings,mobile homes,billboards,2
tanks, Solar Energy Systems,or the like,or the parts thereof,fences,retaining walls,and swimming
pools,but not including paved surfaces such as a driveway,a walk or a patio.
YARD
An open space on a lot unoccupied by a building of s4,ae4ff e or such parts thereof as covered or
uncovered porches,steps,cornices,eaves and other projections;pfa.,:aoa 4a3,o.,o,.44at r@^^@n,gaws
Yard depth shall
be measured from the n�@*a lot line,and not from the middle of any public or private way whether
owned pursuant to the derelict fee statute or otherwise,to the nearest point on a building in a line
perpendicular or normal to such lot of st+@@ line. '' . roa y^ra s all b@^ st+ip^r'^^a
November 8,2021 Special Town Meeting#1(2021-1),cont.
YARD,MINIMUM REQUIRED
A strip of land of uniform depth required by this bylaw measured from the lot s-�4 line and
adjacent thereto.
8:10 P.M. Mr.Pato noted that Article 12 proposed changes to the Zoning Bylaw to adjust how
fences and retaining walls were defined,where they were placed,and limits on how
tall each structure could be,based on its location. He then explained his Amendment
in further detail and told of witnessing a child bicyclist toppling over a 4 foot retaining
wall. The property owners built a new retaining wall to better level the yard and
added a chain link fence on top of it to provide a safety barrier. He noted that this type
of mitigation would not conform to the proposed Article.
8:11 P.M. Mr.Hornig,Planning Board Chair,noted that the Planning Board unanimously did not
recommended the adoption of the Amendment and that they supported the original
Motion.
8:12 p.m. Ms.Hai stated that Select Board had voted 4 members in favor,and one opposed,with
the one opposed concerned about height issues.
8:13 p.m. Deborah Strod,Pct. 6,asked that Mr.Hornig explain the process of obtaining an
exception if the Amendment was not passed. Mr.Hornig noted that permits for higher
fences and retaining walls could be obtained through a Special Permit from the Zoning
Board of Appeals if warranted for certain reasons.
8:14 p.m. Robert Avallone,Pct. 8,questioned how the Planning Board would feel if the
Amendment succeed. Mr.Hornig noted that the Board would continue to support the
Motion as the language was clearer and unambiguous.
8:17 p.m. Steven Heinrich,Pct.3,pointed out two recent examples of walls being put up in the
front of a property and asked if the Amendment was approved whether they would be
legal,but if not,what would be permittable under the current Article. Mr.Hornig
noted that as with any other zoning change,existing structures would be considered
permitted as retained and maintained indefinitely and would only require a Special
Permit if they wished to expand the structure or replace with larger structure. Mr.
Heinrich followed up with a question as to who would review the Special Permit
application. Mr.Hornig noted that this would be the Zoning Board of Appeals.
8:20 p.m. Dawn McKenna,Pct.6,asked how many referrals had to be brought before the Fence
Viewer Committee due to property disputes.
Mr.Honig asked that James Kelly,Building Commissioner,be recognized.
Mr.Kelly stated that while he was not the current Fence Viewer,most questions arose
on tear downs with grade changes. He estimated that the Fence Viewer services were
used about a dozen times in a year.
8:23 p.m. Melinda Walker,Pct. 8,questioned Mr.Pato about the story of the bicyclist he had
mentioned in his opening remarks and whether it had occurred on a hill or flat land.
Mr.Pato noted that was on a steep hill incline. Ms.Walker then asked if the
homeowner had put up a fence on top of the retaining wall. Mr.Pato stated that there
had already been a retaining wall on his property,and the property owner that lives up
the hill from him built a retaining wall right off of their property line with a chain link
fence on top of it,creating the safety barrier. Ms.Walker questioned whether the
addition of the chain link caused it to be approximately 12 feet tall.Mr.Pato stated
that in this instance,it was 8-10 feet tall.Ms.Walker stated that a 6 foot fence on top
of a 6 foot retaining wall seemed too big to be an allowable structure.
8:25 p.m. John Bartenstein,Pct. 1,asked whether the safe stopping distance issue would be
grandfathered in if it was interfering with a safety issue. Mr.Hornig said that from a
zoning point of view the structure would be considered existing non-conforming and
would be maintained indefinitely,but he would defer to Mr.Kelly or the DPW
regarding the question.
November 8,2021 Special Town Meeting#1(2021-1),cont.
Mr.Kelly stated that in the case of a structure that was causing a danger,they would
always work with the homeowner and find alternatives to make it safer.
Mr.Bartenstein followed up with a question of whether,with the Planning Board
version in place,any fence over 4 feet needed a Special Permit and safety issues
would be taken into consideration,and that if it could be done as of right,it would be
an existing structure and seemed more difficult to undo.
Mr.Pato stated that even with the Amendment,safe viewing distance is still
considered safe driving distance.
Mr.Bartenstein asked whether there would be a process to address it if it was
considered"as right".
Mr.Pato stated that this would be a violation of Zoning if it were built and create safe
stopping distance problems.
Mr.Bartenstein asked how this affected sight lines when trees were present.
Mr.Hornig noted that Zoning does not consider trees as"structures or fences"so they
were not constrained with planting of trees or vegetation. He further noted that if they
were extending into the public right-of-way,the Town had rights and could trim them.
Mr.Kelly agreed.
Mr.Bartenstein stated that he was opposed to the Amendment due to safety concerns.
8:31 p.m. Jodia Finnagan,Pct. 6,stated that a 4 or 6 foot fence might seem higher depending
upon sightlines and questioned whether the concern was sightlines or viewing a tall
structure.
Mr.Pato noted that sightlines were taken care of in a different section and that the goal
was to allow a fence to exist over a retaining wall.
8:34 p.m. John Rossi,Pct. 1,noted that if the fence were only 4 feet,unwanted animals could
come into the yard such as coyotes and therefore supported the Amendment.
8:35 pm. Katherine Reynolds,Pct. 1,asked whether 6 ft.fences were allowed on top of a
retaining wall or on the property without the Amendment. Mr.Pato stated that they
were,but in small yards,the setback was an undue burden on a property owner.
8:37 p.m. Mr.David Kanter,Pct. 7,noted that this was an interesting discussion but that he was
more inclined to not make it"by right"as long as a Special Permit process was in
place.
8:38 pm. Tad Dickenson,48 Hancock Street,stated that total fence height was brought up in
Planning Board. Developers wanted flat lawns rather than yards that conform with
natural grade and this could create retaining walls over 4 feet,where safety dictates an
additional fence so that people do not fall off. 6 foot retaining walls with 6 foot fences
have been proposed,example:53 Hancock Street.
8:40 p.m. The Moderator opened the voting portal on the Amendment. The Moderator noted
that a simple majority was required on the Amendment.
Following remote electronic vote tallying,the Moderator declared the:
Motion to Amend Article 12
Failed on a vote of:
Yes No Abstain
78 103 3
MOTION FAILS
November 8,2021 Special Town Meeting#1(2021-1),cont.
8:44 p.m. The Moderator called debate and questions opened on the Main Motion of Article 12.
8:46 p.m. A statement was read by Public Information Officer,Sean Duggan.
Joseph Barr,9 Reeves Road,Bedford,stated that he was a local builder,building in
Lexington for 30 years,and he opposed limiting the height of retaining walls near side
and rear lot boundaries,mainly as each lot is shaped and graded differently and did not
feel that one rule could apply to all lots and circumstances. He further noted that in
prior cases,the Building Department would allow encourage walls on lot lines to fix
grading and address runoff. He stated that decisions regarding retaining wall design
should be made on a case by case and not subject to one blanket rule.
8:47 p.m. Mark Sandeen, Select Board Member,questioned how the safe stopping requirements
were calculated and what expertise is needed to determine them.
James Mallory,Town Manager,stated that while there wasn't an exact standard,it had
been discussed that the AASHTO standard would be utilized,and factors in
consideration would include speed limits,traffic control devices,whether there was
one-way,two-way,or four way stop signs,hills and grades. Triangulation would be
performed to dictate how far back from the street corners it needs to be to allow
adequate sightlines. This would most likely require a person from Engineering to
complete.
8:48 p.m. Mr. Sandeen asked whether Town Counsel could weigh in on who would be
responsible for safe stopping distances.
Mina Makarious,Town Counsel,stated that it would be the Building Inspector,
although when matters came up requiring other staff,it had been the practice to
consult with other Departments.
Mr. Sandeen asked if the situation were"by right"how the process would occur.
Counsel Makarious stated that it would depend on the type of project. Some matters
arose with tear downs and rebuilds,so it would often happen during the building
permit review phase. He further noted that it was his understanding that for an already
existing structure with a fence,a building permit was not always needed so it would
become a matter for enforcement.
Mr.Kelly asked Mr. Sandeen to clarify the term"by right".
Mr. Sandeen questioned whether a resident could build a fence over a retaining wall
and then be required by the Town to remove it.
Town Counsel and Mr.Kelly stated that if it was new construction,yes,it could be
removed,that would be appropriate enforcement,but not if it predates first notice of
this bylaw,it would have pre-existing nonconforming protection.
8:51 p.m. David Kanter,Pct. 7,asked whether the language was referring to a sightline.
8:53 p.m. Mr.Hornig stated that the language in the bylaw referred to"safe stopping sight
distance on a street". He further stated that this meant that the obstruction does not
make it unsafe for someone driving at the appropriate speed limit.
8:53 p.m. Mr.Hornig noted that this was summation and they were balancing with exceptions
and setbacks handled by a Special Permit and hoped by the new,clearer language to
avoid disputes in the future.
8:54 p.m. The Moderator opened the voting portal,explaining that a two-thirds vote would be
needed for passage of the Motion.
Following remote electronic vote tallying,the Moderator declared the:
Motion to Approve Article 12
Adopted on a vote of:
Yes No Abstain
155 24 4
MOTION CARRIES BY MORE THAN NECESSARY 2/3RDS
November 8,2021 Special Town Meeting#1(2021-1),cont.
8:57 p.m. The Moderator declared Special Town Meeting#1 open under Article 13
ARTICLE 13:AMEND ZONING BYLAW-DIVERSITY,EQUITY,INCLUSION AND
PERMITTING
To see if the Town will vote to amend the Zoning Bylaw to revise permitting criteria to ameliorate
racial,disability,and other equity impacts;make special permitting criteria and site plan review criteria
consistent,replace the term "family"with the term "household",permit more than one individual in
rooming units;or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would update the Zoning Bylaw to incorporate a variety of changes in
response to the Systemic Racism Resolution adopted under Article 8 of Special Town Meeting 2020-
21 the Full Inclusion Resolution adopted under Article 30 of the 2021 Annual Town Meeting,and the
site plan review changes adopted under Article 44 of the 2021 Annual Town Meeting. Specifically,it
would:
• State the Town's intent that any ambiguities in the Zoning Bylaw be interpreted and applied to
forbid discriminatory effects;
• Address and ameliorate racial,disability,and other equity impacts in permitting decisions;
• Update and simplify the special permit and site plan review criteria to clarify them and make
them consistent;
• Replace the definition of"family"with a more inclusive definition of"household",and
• Permit more than one resident in a rooming unit.
MOTION:
Mr. Stevens moves that the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington,be
amended as follows(sem text is to be removed and underlined text is to be added),and
further that non-substantive changes to the numbering of this bylaw be permitted to comply with the
numbering format of the Code of the Town of Lexington:
4. Add a new sentence at the end of§ 135-1.2,as follows:
It is the intent of the Town of Lexington that Zoning requirements within the town encourage
diversity and equity among Town residents and do not discriminate against any Person or group on
the basis of race,ethnicity,religion,gender,sexuality,ability,or any other basis prohibited by federal
or state law,and further that any ambiguities in the bylaw be interpreted with this intent in mind.
5. Amend§ 135-9.4.2 as follows:
9.4.2 Criteria. Special permits will sh*14-be granted by the SPCA,unless otherwise specified herein,
only upon its written determination that the adverse effects of the proposed use will not outweigh its
beneficial impacts to the Town or the neighborhood,in view of the particular characteristics of the
site,and of the proposal in relation to that site.The determination will4..,1�consideratieff-e€
eaek e€the following in addition to any other specific factors applicable to a particular use or activity
and required elsewhere by this Bylaw,:
1. Social,equity,diversity,public health,@^tee or community needs and impacts;
2. Transportation access,parking,circulation,and accessibility;T-44-fie fl^T* ^^a saf@t
3. Public infrastructure Aa@"aey autilities and e4eepublic services;
4. Neighborhood scale;and^4.,,..,,,,4,...ffiia al..4..,,,4ff e;
5. Open space,natural features,and the landscape.
November 8,2021 Special Town Meeting#1(2021-1),cont.
6.
6. Amend§ 135-9.5.5 as follows:
9.5.5 Review Standards.The Planning Board in its regulations shall establish standards for site plan review
of activities and uses not covered by §9.5.6 that will at a minimum address the following:
1. Siting of facilities;
2. Sustainable,climate-sensitive,and environmentally-conscious site design practices;
3. Open space,natural features,and the landscape,@ ffip,a sii4t g*'w.fi, e^iR4B ^r 4ffawf '
4. F4easyst@ffi fi„et
4. Transportation access,parking,circulation,and accessibility;
5. Protection of surface and groundwater quality;
6. Social,equity,diversity,public health,or community needs and impacts;
7. ;Historically significant buildings or places,
8 Tffpaets^ p4lie n ^a faei! i@s;Public infrastructure,utilities,and public services;
and
9. Siting of signage.
10.
11.
7. In§ 135-10.0,amend definitions as follows:
DWELLING UNIT
One or more rooms designed,occupied,or intended for occupancy as separate living
quarters,with cooking,sleeping and sanitary facilities provided within the dwelling
unit for the exclusive use of a single faffiily household.
FAA4!LV HOUSEHOLD
One or more individuals living together as a single housekeeping unit and occupying
one dwelling or rooming unit.
ROOMER
,A
household occupying a rooming unit,for living and sleeping but not for cooking and
eating purposes,and-paying rent,which may include an allowance for meals,by
prearrangement on a long-term basis.
8:59 p.m. Charles Hornig,Chair,Planning Board,presented the video for Article 13 and reported
the unanimous support of the Board.
9:01 p.m. Jill Hai,Select Board Chair,reported the support of five members of the Board for
sections 1 and 4,3 members who were opposed to 2&3,with two members supporting
those sections. The three members of the Board who did not support sections 2&3
found that those changes went beyond recognized diversity and equity and appear to
weaken Special Permit review by the SPCA or the review standards for site plan review.
9:02 p.m. Jeanne Krieger,ZBA member stated that the Zoning Board had reviewed paragraph 2,
and had voted unanimously that the changes not be adopted. While they agreed with the
goals, Section 9.4.2 does not give the ZBA sufficient guidance to make rationally based
Special Permit decisions,and that some of the language was vague. She further stated
that it seemed to ask the Board to consider subject outside of the Board's Zoning
November 8,2021 Special Town Meeting#1(2021-1),cont.
expertise. Evaluating the public health impact was problematic and would require a
Health consultant,which could potentially increase costs and slow the process.
9:04 p.m. The Moderator called debate and questions open on Article 13.
9:04 p.m. Leonard Morse-Fortier,Pct.7,urged members to vote"no"and stated that it was akin to
a"trojan horse"stripping accountability and removing the words"safe"and"safety".
9:06 p.m. Wendy Reasenburg,Pct. 8,asked whether the vote could be split into sections.
The Moderator noted that she anticipated a motion to Amend by substitution,and
recommend waiting until that took place.
9:07 p.m. Deborah Strod,Pct.6,asked whether Counsel felt that there was weakening in sections 2
and 3.
Counsel Makarious stated that they had reviewed it closely and it was hard to say
whether something was weakened or not because sections 2 and 3 include a list of criteria
which created a balancing. He noted that in the current Section 2,one item read"social,
economic,or community needs that are served by the proposal"and this section would
now read"social,equity,diversity,public health or community needs and that change
may highlight different equity or health impacts but took away"economic"and that
would be up to the Zoning Board where those words fit in. He summarized that it was a
different weighing of factors.
Ms. Strod further asked for some guidance of factors and whether other items could be
considered in that place. Counsel Makarious stated that if something had been removed
and a project fell into that category,an applicant who had been denied a Special Permit
on that grounds would have good reason to challenge,but with the list of criteria he did
not anticipate too many things falling to the side.He further stated that the removal of a
factor or the changing of language could be considered by a court when trying to
consider its meaning if it found it ambiguous as it normally started with what the
language said,and if they could not do that it would go with the language changed from
to determine what the new language meant.
9:10 p.m. Ms. Strod asked why the Zoning Board found the language in section 2 more difficult to
interpret than 3 as they were similar.
9:12 p.m. Jeanne Krieger,Zoning Board of Appeals Member,noted that they looked specifically at
section 2 as they were the Special Permit granting authority for a number of types of
applications. They did not consider review standards for Planning Board. They had not
had issues in determining social and community needs,but some of the wording was
vague and could make their decisions difficult.
Ms. Strod asked Mr.Hornig to explain how 2 and 3 played out.
Mr.Hornig stated that section 9.4.2 and section 9.5.5 actually served somewhat different
purposes. He noted that 9.4.2 provided for general criteria that the Zoning Board of
Appeals,and occasionally the Planning Board,were expected to use when granting or
denying a Special Permit and were deliberately written"generally"because Special
Permits covered a wide range of areas,while not being so specific that you didn't get the
generalities. 9.5.5 was not a list of criteria but rather a list of areas in which the Planning
Board was permitted to write criteria and 9.5.5 would be looked at when writing
regulations.
Ms. Strod pointed out that the first piece of applies widely to all of 135 and was in favor
of sections 1 and 4.
9:16 p.m. Matt Daggett,Pct.2,made a Motion to Amend Article 13 as a substitute Motion,in order
to support Diversity,Equity,and Inclusion(DEI)improvements, Site Plan Review
guidelines,and offered changes as follows:
November 8,2021 Special Town Meeting#1(2021-1),cont.
ARTICLE 13:AMEND ZONING BYLAW DIVERSITY,EQUITY,INCLUSION,AND
PERMITTING
MOTION:
Mr.Dagget moves that the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington,be
amended as follows( *r��gh text is to be removed and underlined text is to be added),and
further that non-substantive changes to the numbering of this bylaw be permitted to comply with the
numbering format of the Code of the Town of Lexington:
1. Add a new sentence at the end of§ 135-1.2,as follows:
It is the intent of the Town of Lexington that zoning requirements within the town
encourage diversity and equity among Town residents and do not discriminate against
any person or group on the basis of race,ethnicity,religion,gender,sexuality,ability,or
anv other basis prohibited by federal or state law,and further that any ambiguities in
the bylaw be interpreted with this intent in mind.
2. Amend§ 135-9.4.2 as follows:
9.4.2 Criteria. Special permits shall be granted by the SPCA,unless otherwise specified
herein,only upon its written determination that the adverse effects of the proposed use will
not outweigh its beneficial impacts to the Town or the neighborhood,in view of the particular
characteristics of the site,and of the proposal in relation to that site.The determination shall
include consideration of each of the following:
1. Specific factors set forth elsewhere in this bylaw for the proposed use or activity;
2. Social,equitv,diversitv,public health,economic,or community needs and
impacts;which . ed b the .1;
3. Traffic flow and safety,including parking and loading;
4. Adequacy of utilities and other public services;
5. Neighborhood scale• ehar-.eter-and soeial st...,.t..,.,.
6. Impacts on the natural environment;and
7. Potential fiscal impact,including impact on Town services,tax base,and employment.
3. Amend§ 135-9.5.5 as follows:
9.5.5 Review Standards.The Planning Board in its regulations shall establish standards for
site plan review of activities and uses not covered by §9.5.6 that will at a minimum address
the following:
1. Siting of facilities;
2. Sustainable,climate-sensitive,and environmentally-conscious site design practices;
3. Open space,natural features,and the landscape;emphasizing the function of natural,
aesthetic,social,and reactional design;
4. Ecosystem function;
5. Circulation and connectivity that is safe and accessible for all;
6. Effective and efficient transportation systems and the adverse impacts of motor
vehicle transportation;
7. Protection of surface and groundwater quality;
8. Social,equity,diversity,public health,or community needs and impacts;
9 9Town ^h^r^^*^r and hHistoric significance;
10. Impacts on public services and facilities;
11.49-Signage;
12. Safety;and
13. Potential adverse effects of development.
November 8,2021 Special Town Meeting#1(2021-1),cont.
4. In§ 135-10.0,amend definitions as follows:
DWELLING UNIT
One or more rooms designed,occupied,or intended for occupancy as separate living
quarters,with cooking,sleeping and sanitary facilities provided within the dwelling
unit for the exclusive use of a single family maintaining a household.
EAA4!LV-HOUSEHOLD
One or more individuals living together as a single housekeeping unit and occupying
one dwelling or rooming unit. ,no
more than four-unrelated individuals shall eonstitute a family; any r-oomer-fivin
in the dwelling unit shall be inefilded-in deteFmining the ntimher-of umr-ela
indip4dua-ls.
ROOMER
An individual,other-than a member-of a F.,...;1. oeeupying a dwelling unit A
household occupying a rooming unit,for living and sleeping but not for cooking and
eating purposes,and-paying rent,which may include an allowance for meals,by
prearrangement on a long-term basis.
9:20 p.m. Charles Hornig,Planning Board Chair,stated the unanimous recommendation of the
Board to Adopt the Amendment.
9:21 p.m. Jill Hai,Select Board Chair,reported the support of four members of the Board,and
one member who was awaiting the discussion on the floor of Town Meeting.
Jeanne Krieger,Zoning Board,stated that no position had been taken from the Zoning
Board.
9:22 p.m. The Moderator called debate and questions open on the Amendment of Article 13.
9:23 p.m. Alessandro Alessandrini,Pct.4,questioned what mechanisms were in place to ensure
the bylaw was enforced.
9:25 p.m. Counsel Makarious stated that if the issue were a Special Permit,the Zoning Board of
Appeals would be reviewing the criteria in an open meeting and subject to a public
hearing with further rights of appeal from denial or by an applicant to a court in the
case of approvals,the abutters might have a right to appeal. With regards to most of
the criteria listed are in items in 2 and 3 deal with when approvals happen as opposed
to dimensional controls on the ground it would be at the permitting stage that they
would have their most force. Items 1 and 4 may come up when no permit is needed at
all and the Building Inspector is trying to determine whether a request of
determination of what a"household"is to help with interpretation and also with rights
to appeal.
Mr.Alessandrini asked what mechanisms in Town would residents reach out to if they
felt they had been discriminated against.
Counsel Makarious noted that section 1 wouldn't create any new private cause of
action,but might come up if there was something before the ZBA and trying to
determine how some of the criteria below or any other criteria with someone who felt
that an interpretation better met the goals that Town Meeting had set,could make that
point known at a hearing in support of a petition or opposition to a petition. If there
was a denial,the applicant could raise this issue of interpretation.
Mr.Allesandrini noted that he hoped Section 1 was not added just to get votes.
9:26 p.m. Deborah Strod,Pct.6,stated that she was in support of the substitute Motion and
thanked the Planning Board and Mr.Daggett for their commitment to take concrete
action to change the wording.
November 8,2021 Special Town Meeting#1(2021-1),cont.
9:27 p.m. Wendy Reasenberg,Pct. 8,noted that she could see that section 1 was a statement of
principal and section 4 provided a definition but asked why sections 2 and 3 were
different than what is usually at the Planning Board and asked why they repeated.
Mr.Hornig stated that section 1 was a"statement of intent"with 2,3,and 4 attempting
to actually implement principals in the permit process and noted that it was sometimes
difficult from a Resolution to putting it into effect. They hoped to increase the weight
of DEI in the permitting decisions for Zoning Board and Planning board and reduce
the impact of considerations that have been listed but have historically been used to
defeat DEI in Lexington and elsewhere.
9:28 p.m. Wendy Reasenberg,Pct. 8 asked why this seemed to duplicate things already in
proposals for Special Permits and questioned whether the extra details helped to
accomplish the goals.
Mr.Hornig asked that the Amendment be added to the screen and noted that at 9.4.2,
it makes changes to DEI and removing things such as"neighborhood social
structures"that have historically have been used to defeat those goals.
Ms.Reasenberg felt that it could be further simplified in order to be better understood
and that clarity and consensus should be addressed in sections 2 and 3.
9:31 p.m. Lin Jensen,Pct. 8,asked that the Amendment be placed on screen and asked if there
were any change to section 3. The proposed Amendment was shown on-screen.
9:33 p.m. Mr.Daggett said that he appreciated that the Planning Board was taking an important
step from a high level Resolution to putting it into practice. He further stated that if
the Members were only interested in sections 1 and 4,that a substitute Motion via a
request to the Moderator.
9:35 p.m. Voting commenced on the substitute Amendment. The Moderator noted that a simple
majority was required to pass the Amendment.
Following remote electronic vote tallying,the Moderator declared the:
Motion to Amend Article 13
Adopted on a vote of:
Yes No Abstain
159 15 6
MOTION CARRIES
9:39 p.m. The Moderator noted that the substitute Motion had now become Main Motion.
Jill Hai,Select Board Chair,reported five members in favor of the Amended Motion.
Charles Hornig,Planning Board Chair,reported the unanimous support of the Board in
favor of the Amended Motion.
Jeanne Krieger,Zoning Board member stated that she could not speak for the Zoning
Board.
9:40 p.m. The Moderator called debate and questions open on Article 13,as Amended.
9:41 p.m. David Kanter thought the screen had mentioned the requirement of a majority vote. The
Moderator explained that this may have been up for the Motion to Substitute,but that the
upcoming vote would require a 2/3rds passage.
9:42 p.m. Alessandro Alessandrini,Pct.4 stated that he would vote no because part 1 of the Article
should be the sentiment of the Town expressed across all bylaws and felt that it was put in
to make the rest of the Motion more palatable.
9:43 p.m. Deborah Strod,Pct.6,stated that she was supportive of the Article and that the language
of equity shouldn't be held in higher standard than existing wording and was glad that the
Town was working together to create a framework.
November 8,2021 Special Town Meeting#1(2021-1),cont.
9:45 p.m. Jessie Steigerwald,Pct. 8,asked how the Planning Board would feel based on the results
of the vote and whether he had a sense from Town Meeting based on the discussion.
Mr.Hornig stated that they would have a sense more from the vote rather than the
discussion and that how the vote was enacted would help them see if the Town were
willing to make changes with real effects and that this would help set the Board's
priorities and goals pursuing DEI moving forward.
9:48 p.m. Melinda Walker,Pct. 8,spoke in favor of the Article and stated that common sense would
need to be applied about whether certain things had impact on DEI and that she looked at
this as an opportunity for the Town and could help first time home buyers. She noted that
the Town could insist that more first time homebuyer and affordable housing
opportunities become available for people who would like to participate and for people to
be able to take advantage of—mostly being homeowners. She appreciated that the
Planning Board had taken this on as a first step.
9:51 p.m. Richard Canale,Pct.9,planned to vote yes,but wished section 1 had stronger language
and hoped that in the future,it would be strengthened to move toward better equality and
equity.
9:58 p.m. The Moderator called the vote on the Motion as Amended.
Following remote electronic vote tallying,the Moderator declared that:
Article 13,as Amended
Adopted on a vote of:
Yes No Abstain
163 10 9
MOTION CARRIES BY MORE THAN NECESSARY 2/3RDS
9:57 p.m. The Moderator declared Special Town Meeting#1 open under Article 14
ARTICLE 14:AMEND ZONING BYLAW-SOLAR ENERGY SYSTEMS
To see if the Town will vote to amend the Zoning Bylaw to remove restrictions on, and streamline
permitting for,solar energy systems,or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would encourage construction of solar energy systems by permitting
solar energy systems on nonconforming lots and wherever other structures are permitted, and by
streamlining permitting for small-scale solar energy systems.
MOTION:
Mr.Peters moves that the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington,be
amended as follows(setfglrtext is to be removed and underlined text is to be added),and
further that non-substantive changes to the numbering of this bylaw be permitted to comply with the
numbering format of the Code of the Town of Lexington:
1. In§135-3.4 Table 1,Permitted Uses and Development Standards,row 0.1.13 (Solar Energy
System, Small-Scale),replace the symbol"R"with the symbol"Y"in every column in which
it appears.
2. Amend§135-4.2.2 so that it reads:
4.2.2 Lot Regularity.No structure other than a Solar Energy System may be erected on any lot
that does not have an area in which a circle,the diameter of which is 80%of the minimum lot
frontage,tangent to the lot frontage and within all other lot lines,may be located.
November 8,2021 Special Town Meeting#1(2021-1),cont.
3. Amend§135-4.2.4.1 so that it reads:
1. Minimum Lot Frontage Required.F4 @aa 'moi No structure other than a Solar
Energy System may be erected on any lot that does not have at least the minimum
frontage set forth in Table 2 for the district in which the lot is located on a street-as
Frontage on unaccepted ways in existence prior to the
adoption of the subdivision control law must receive a favorable determination from
the Planning Board.Ways laid out,but not constructed,may not be used as frontage.
4. Replace§135-4.2.3 with the following:
4.2.3 Lot Area.
1.Lot Area.No structure other than a Solar Energy System may be erected on any lot that
does not have at least the minimum lot area set forth in Table 2 for the district in which the lot
is located.
2.Developable Site Area.No dwelling may be erected on any lot that does not contain a
contiguous developable site area that is at least 90%of the minimum lot area for the district in
which the lot is located.
5. Amend§135-6.11.3.3 so that it reads:
3. Large-scale arae Solar Energy Systems shall ti c ve located in the front,
side,or rear minimum required Yard shall require a special permit. Small-scale Solar
Energy Systems located in the front,side,or rear minimum required Yard shall be
subject to site plan review under§135-9.5.
6. Amend§135-7.3.4 so that it reads:
7.3.4 Protected uses.Notwithstanding other provisions of§7.3 and any preliminary site
development and use plan,the following uses and structures protected by MGL c.40A,§3
shall be permitted in any PD,CD,or RD district:
1. Building-mounted Solar Energy Systems and Small-scale Solar Energy Systems shall
be permitted by right.
2. Canopy Solar Energy Systems;and Large-Scale Solar Energy Systems,aR4 Sao "
seffle,o,a v E__eFg, Sys. e.f.s shall be permitted with site plan review under§135-9.5.
9:57 p.m. Charles Hornig,Chair,Planning Board,presented the video for Article 14 and
reported the unanimous recommendation of the Planning Board and noted that this
was the first step toward enacting change in their climate goals.
9:58 p.m. Mr. Sandeen, Select Board Member,reported that the Select Board unanimously
recommended passage of the Article.
10:01 P.M. The Moderator called debate and questions open on Article 14.
10:02 p.m. Louis Postel,58 Hancock Street,stated that there was too much suffering in the mining
of materials for solar batteries,and objected to the Article as he considered the mining
of cobalt a global exploitation and created ethical issues.
10:05 p.m. David Kanter, Pct. 7 noted that the Planning Board had considered this a small step
forward and questioned what more might have been done.
Mr.Hornig stated that there is so much to be done in a Town like Lexington in order to
meet their extensive climate goals. This was the piece that they chose to adopt in the
Zoning to streamline one particular aspect in order generate local energy and that
photovoltaic seemed to be the only clean energy that was applicable to Lexington and
they were doing incremental steps in order to move forward with their goals.
Mr.Kanter congratulated the Planning Board on their efforts and hoped they would be
able to take more steps in the future.
10:07 p.m. Dawn McKenna,Pct. 6, asked how historic properties either in or out of the Historic
District would be protect historic structures and landscapes.
November 8,2021 Special Town Meeting#1(2021-1),cont.
Mr. Hornig noted that in terms of structures in the Historic District, the rules of the
Historic District Commission would continue to apply in full force, and that they had
supported ground mounted systems over building mounted systems, so streamlining
ground systems was in line with that. He noted that in the case of a roof mounted system
on a historic property detracting from the historic character house, a ground mounted
system might be the best approach. He stated that he would defer to Ms.Fenollosa for
information outside of the District.
10:17 p.m. Ms. Fenollosa, Historical Commission Chair, stated that she would defer to Town
Counsel as their definition of demolition referred to the tearing down of all or a portion
of a building. The act of constructing on the grounds would not be covered by a
demolition permit,and they would not be involved in with a building permit.
Ms. McKenna followed up with the question regarding structures on small lots and
asked whether there was a limit to the size of the facilities.
Mr. Hornig stated that there were different categories but that they were required by
State law to permit solar energy systems unless they could demonstrate how they would
affect public health or welfare. He did not believe esthetic concerns would enter into
that and they tried to limit visual impact.
10:18 P.M. David Kaufman,Pct.3,noted that he supported the Motion,but wanted to address the
issues raised by Mr.Kostel's comments. He stated that cobalt was not a usual part of a
typical solar array and that they were usually made from sand/silicone and the pictures
of batteries was also not typical. He further stated that solar arrays could consist of glass
or the that covered a building and could also generate electricity.
10:19 P.M. Nyles Barnert,Pct. 4, stated that a site plan review would need to be done. He asked
whether there had been guidelines put in place for the staff to do so.
Mr. Hornig noted that the Planning Board had adopted guidelines and posted them on
the website.
10:19 P.M. Noah Michelson, Pct. 1, supported the Article and thanked the Planning Board. He
noted that addressing climate change was an important issue faced by the Town,as well
as the global community,and was glad that they had balanced modern pragmatism with
action.
10:20 p.m. Delanot Bastien,Pct.3,stated that he was concerned about the possible toxic materials
in the systems and wanted to be socially responsible regarding the possible impact to
other communities around the world and asked if the safety of the systems could be
discussed.
Mr. Hornig stated that while modern solar systems contained some small amounts of
material of concern, solar arrays tended to have 20-25 years of lifespan and then could
still be used,but in a lesser capacity.
10:24 p.m. Mark Sandeen,Select Board Member,noted that often there was a 25-30 year warranty,
but they could last longer—and they were primarily made of glass,aluminum, silicon
and highly recyclable elements and could be reused.
10:25 p.m. Victoria Blier,Pct.9,asked a Point of Order regarding the conversation—and asked the
Moderator whether the current discussion was within scope.
The Moderator stated that she had allowed it and stood by that decision.
10:26 p.m. Anthony Galaitsis,Pct.5,asked why paragraph 4.2.3 regarding lot installation areas had
been moved further down the hierarchy of the Zoning Bylaw.
November 8,2021 Special Town Meeting#1(2021-1),cont.
Mr. Hornig stated that the Planning Staff and Town Counsel had determined that this
was the cleanest way to add it and that there wasn't a change,just a new number.
10:27 p.m. Steven Kaufman,Pct. 5,moved the question.
The Moderator opened voting on the Motion.
Following remote electronic vote tallying,the Moderator declared the:
Motion to Close Debate
Carries on a vote of:
Yes No Abstain
140 19 13
MOTION CARRIES
10:30 p.m. The Moderator the opened voting for the final vote of Article 14.
Following remote electronic vote tallying,the Moderator declared the:
Motion to Approve Article 14
Adopted on a vote of:
Yes No Abstain
168 2 6
MOTION CARRIES BY MORE THAN NECESSARY 2/3RDS
10:35 p.m. The Moderator noted that the Select Board had posted the new Motion for Article 5 on
the website, and the deadline for amendments would be Noon on Friday, November
12''. She anticipated taking up the Article either Wednesday or Thursday of the
following week.
10:37 p.m. Jill Hai, Select Board Chair,Motioned to Adjourn the Special Town Meeting#1 to
Monday,November 15,2021,7:30 p.m.,such meeting to be held remotely. As there
were no objections,the Moderator declared the Motion adopted and the Meeting
adjourned.
November 15,2021 Adjourned Session of the 2021 Special Town Meeting#1
Moderator Deborah Brown called the third session of 2021 #1 Special Town Meeting to order at 7:36
p.m.on Monday,November 15,2021,after allowing a few minutes for Members to reset their
systems due to a power failure in certain areas in Lexington. The meeting was held remotely due to
the COVID-19 pandemic.
7:37 p.m. The Moderator called for attendance for the Members and noted that she would give
some procedural information and announcements while the portal was open. She
further noted that she would bring forward the Article 1 reports and that Members
should use the"raise hand"function for anyone who wished to register an objection.
7:38 p.m. Mr.Glenn Parker,Appropriation Committee Chair,motioned to receive the written
Report of the Appropriations Committee.
As there were no objections,Report was received and placed on file.
Mr. Charles Lamb,Capital Expenditure Committee Chair,motioned to receive the
written Report of the Capital Expenditure Committee.
As there were no objections,Report was received and placed on file.
Ms.Marilyn Fenollosa, Community Preservation Committee Chair,motioned to
receive the written Report of the Community Preservation Committee.
As there were no objections,Report was received and placed on file.
November 8,2021 Special Town Meeting#1(2021-1),cont.
7:42 p.m. The Moderator stated that after the vote,a quorum in excess of 100 members(175)
had been obtained.
7:44 p.m. The Moderator noted that Town Meeting would now observe a Memorial for Town
Meeting Member George Burnell.
Mr.Burnell had passed away on November 3d at the age of 92. George grew up in
Lexington,received a degree Lexington High School and received degrees from
Boston University and the University of Akron. After serving in the Air Force,
George had a long,distinguished career in manufacturing and business,and a
consulting career that was active until his time of passing. The Moderator noted that
Mr.Burnell loved Lexington and he brought his great intelligence and kindness to a
lifetime of service that included 9 years on the Appropriation Committee,6 years on
the Capital Expenditures Committee,two terms as a Select Board Member and more
than 40 years as Town Meeting Member and had been active until his death. The
Moderator mentioned benefiting from his wise and thoughtful counsel,and that
Lexington owed him a great debt for his efforts in LexMedia,speaking eloquently for
senior services,or working with the Commission on Disability to address wheelchair
obstacles in Town—and perhaps most notably,showing absolute advocacy for
maintaining Lexington's capital assets,including the Schools,Town Buildings,and
roadway infrastructure.
The Moderator noted that while preparing for the Memorial,she found a quote
attributed to George,which stated,"Within the common geographical location that we
call Lexington,there are smaller communities that together comprise a whole. Each a
fundamental part of our Town,and when woven together they become the fabric of
our society—rich in color and fiber—vibrant in personality."
The Moderator extended deepest sympathies to Mr.Burnell's wife,Mary,an active
Town Meeting Member,and to his extended family. She thanked them for sharing
him and said that he would be missed.
The Moderator asked that Meeting Members observe a Moment of Silence.
7:48 p.m. The Moderator then asked Ms.Hai for a procedural motion to take up Article 15 and
16.
Ms.Hai moved that Town Meeting take up Articles 15 and 16.
As there were no objections,the Moderator declared Special Town Meeting#1 open
under Article 15.
ARTICLE 15:AMEND ZONING BYLAW OPEN SPACE RESIDENTIAL DEVELOPMENTS
To see if the Town will vote to amend the Zoning Bylaw to permit open space residential developments;
allow increased gross floor area in multi-family housing;or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would update the Zoning Bylaw to permit open space residential
developments, as defined under the state Housing Choice law as codified at Massachusetts General
Laws Chapter 40A, Section IA. Open space residential developments would be subject to limits on
gross floor area and require the preservation of open land in its natural state and the provision of
affordable dwelling units. This amendment to the Zoning Bylaw would also provide incentives to
preserve historic buildings and require site plan review by the Planning Board.
November 8,2021 Special Town Meeting#1(2021-1),cont.
MOTION:
Mr.Peters moves that the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington,be
amended as follows,and further that non-substantive changes to the numbering of this bylaw be
permitted to comply with the numbering format of the Code of the Town of Lexington:
1. Add a new row to§ 135-3.4,Table 1,Permitted Uses and Development Standards,as follows:
GC RO RS RT CN CSR CS CB CLO CRO CM CSX
Open space residential
A.1.06 development(OSRD) N R R R N N N N N N N N
(see§6.12)
2. In§ 135-10.0,add new definitions as follows:
INCLUSIONARY DWELLING UNIT
A dwelling unit,the sale,lease,or rental of which is permanently restricted on the basis of
income or value through a deed rider or other restriction acceptable to the Town.
MULTI-FAMILY HOUSING
As defined in MGL c.40A, § IA.
OPEN SPACE RESIDENTIAL DEVELOPMENT(OSRD)
As defined in MGL c.40A, § IA.
3. Add a new§ 135-6.12 as follows:
6.12 OPEN SPACE RESIDENTIAL DEVELOPMENTS.
6.12.1 Purpose.This section is intended to:
1. Permit the development of open space residential developments(OSRDs);
2. Encourage greater diversity of housing opportunities in Lexington to meet the needs of a
population which is diversified with respect to number of persons in a household,stage of
life,abilities,and income;
3. Promote development proposals designed with sensitivity to the characteristics of a site
that otherwise might limit development options due to the application of uniform,largely
geometric standards;
4. Permit different types of structures and residential uses to be combined in a planned
interrelationship that promotes a relationship between new buildings,public facilities,and
open land;
5. Preserve historically or architecturally significant buildings or places;
6. Encourage the preservation and minimum disruption of outstanding natural features of
open land and minimize impacts on environmentally sensitive areas;and
7. Encourage the use of sustainable development techniques through site plan review.
6.12.2 Applicability.
1. The degree of development permitted in an OSRD shall be based on the extent to which
the OSRD complies with the criteria set forth below,and regulations adopted pursuant to
§9.5.5 to further the purposes of this section.
2. The proof plan for an OSRD shall show two or more lots.
6.12.3 Dimensional Standards.Within an OSRD,the requirements of§4.0 shall be modified as
follows:
1. Lot area.There is no minimum lot area required,provided that individual lots in an OSRD
shall be designed to be a sufficient size to meet the off-street parking requirements of this
Bylaw,if applicable,and to permit the installation of any on-site water supply and sewage
disposal facilities.The requirements of§4.2.2(Lot Regularity)and§4.2.3 (Developable
Site Area)do not apply.
2. Frontage.There is no minimum lot frontage required,provided that there is sufficient
frontage to provide for adequate access to the building site.Where shared driveways or
November 8,2021 Special Town Meeting#1(2021-1),cont.
other circumstances render frontage on a street unnecessary for such adequate access,no
frontage is required.
3. Yard.Yards required by §4.0 shall apply to the perimeter of an OSRD.No yards are
required within an OSRD.Buildings may share a common wall.
4. Height.The height limit of§4.3.5 shall apply along the perimeter of an OSRD but shall
not apply within an OSRD.The other height limits of§4.0 shall apply.
5. Multiple Dwellings.There is no limit on the number of dwellings in an OSRD or on a lot.
The requirements of§4.1.4(One Dwelling per Lot)do not apply.
6. Amenity space.At least 180 square feet of unroofed amenity space shall be available for
the exclusive use of the residents of each dwelling unit.
7. Floor Area.The requirements of§4.4(Residential Gross Floor Area)shall not apply in an
OSRD except as provided below.
a. The total gross floor area of all buildings,excluding inclusionary dwelling units
provided under§ 6.12.6,shall not exceed the total gross floor area permitted under
§4.4 for all lots shown on the proof plan.
b. The gross floor area of each building shall not exceed the gross floor area permitted
under§4.4 for the smallest lot shown on the proof plan.
c. The gross floor area of any dwelling unit shall not exceed 5,250 square feet.
d. The average gross floor area of all dwelling units shall not exceed 2,625 square feet.
e. Buildings listed on the National Register of Historic Places or the Historical
Commission's Cultural Resources Inventory for which an historic preservation
restriction in a form acceptable to the Town is in effect and the dwelling units within
them shall not be included in the calculation of gross floor area under this § 6.12.3.7.
f. In multi-family housing the SPCA may issue a special permit to exceed these limits in
accordance with§4.4.3.
g. The site plan for the OSRD shall specify maximum gross floor areas for the whole
OSRD,each dwelling,and each dwelling unit.Any deed for all or a portion of the
OSRD shall restrict the gross floor area of that portion in accordance with the site
plan.
6.12.4 Parking.
1. Visitor parking. Where on street parking is not available,a minimum of 1 additional
parking space per every 4 dwelling units shall be provided for visitor parking.
6.12.5 Open Land.
1. Required open land.
a. At least 35%of the developable site area within an OSRD shall be set aside as
open land,as described in MGL c.40A,§ IA.
b. In addition to open land set aside under the previous provision,at least 15%of the
developable site area within an OSRD shall be set aside as either additional open
land,land for active or passive recreation,or stormwater retention areas.
c. The open land required shall be decreased by the gross floor area of any buildings
listed on the National Register of Historic Places or the Historical Commission's
Cultural Resources Inventory for which an historic preservation restriction in a
form acceptable to the Town is in effect.
2. Regulation.The Planning Board shall adopt regulations concerning the condition,
location,ownership,and preservation of open land consistent with§6.12.1 and
MGL c.40A,§ IA.
3. Certificate of occupancy.No certificate of occupancy shall be issued until any
conveyance of open land or restrictions is completed.
6.12.6 Inclusionary Housing.
1. Required inclusionary dwelling units.
a. An OSRD shall incorporate inclusionary dwelling units with a total gross floor
area of at least 25%of the total gross floor area of all dwelling units other than
inclusionary dwelling units.
b. The design and construction of inclusionary dwelling units shall be comparable to
and indistinguishable from other dwelling units in exterior building materials and
finishes,windows,and other improvements.
November 8,2021 Special Town Meeting#1(2021-1),cont.
c. Dwelling units in buildings listed on the National Register of Historic Places or
the Historical Commission's Cultural Resources Inventory for which an historic
preservation restriction in a form acceptable to the Town is in effect shall be
disregarded for the purposes of this§ 6.12.6.
d. The Planning Board shall adopt regulations defining limits on the household
income of occupants,sale price,and rent of inclusionary dwelling units and the
form of required legal restrictions.
2. Subsidized housing inventory.At least 10%of the dwelling units in an OSRD shall be
eligible for inclusion on the DHCD Subsidized Housing Inventory.
3. Certificate of occupancy.No certificate of occupancy shall be issued until all
restrictions for inclusionary dwelling units are executed and recorded.
7:50 p.m. Charles Hornig,Planning Board Chair,presented information for Article 15 and
reported the that the Planning Board recommended the Motion with a vote of 4 in
favor and 1 opposed and noted that this was the culmination of 9 months of work and
helped to address an alternative to a conventional subdivision. Mr.Hornig noted that
the Planning Board believed that with OSRD requirements it could result in fewer
multi-million dollar houses,and more of the types of developments that the Town
needed.Mr.Hornig stated that due to the current staffing challenges,the Planning
Board would not be likely to pursue the ORSD approach further at this time if rejected
by Town Meeting.
7:58 p.m. Jill Hai,Select Board Chair,reported that the Select Board had 3 members opposed
and 2 in favor of the Article. The 3 members who opposed passage expressed support
for the goals of the bylaw,but had concerns about inadequate sustainability
requirements and preferred to develop the bylaw and bring it back at a later date. Ms.
Hai noted that the Ad Hoc Special Permit Residential Development Committee and
the Housing Partnership Board,which had advised the Select Board on Housing,both
supported the Article unanimously.
Ms.Hai asked Town Meeting to recognize Ms.Foutter,of the Housing Partnership
Board.
8:00 P.M. Jeri Foutter,Chair of the Housing Partnership Board,shared some highlights from the
November 4ffi joint meeting of the Housing Partnership Board and Planning Board.
Ms.Foutter noted that from 2011 to 2020 almost 800 small homes had been torn down
and replaced with homes that were up to 3 times more expensive than the homes they
replaced. The current median price for a home in Lexington exceeded 1 million
dollars. She noted that there were long waiting lists for low,moderate,and affordable
units and that there had been 176 applicants for the 6 units available at Farm View.
She further noted that there had been many discussions regarding the need for options
for seniors,and that this plan offered those options with smaller units allowing them to
remain in Lexington. Ms.Foutter stated that the Housing Partnership Board
recognized the efforts of the Planning Board during the meeting and voted
unanimously to approve Article 15.
8:01 P.M. The Moderator called debate and questions open on Article 15.
Robert Balaban,Pct. 5,asked what is meant by"natural state"described in Article.
Mr.Hornig,Planning Board Chair,stated that the words come from the State statute
that created OSRD developments. The land would need to have a conservation
restriction that would describe any and all requirements.
Mr.Balaban asked whether a groomed lawn would be acceptable.
Mr.Hornig stated that there are 2 categories in the bylaw. The first is that portion that
kept the land"open and natural"and the other 15%is for a variety purposes such as
recreation,where a lawn would be appropriate.
8:04 p.m. John Zhao,Pct. 5,stated that in 2019 there had been a"Lexington for All Ages"needs
assessment and that the results indicated that the vast majority of seniors would choose
November 8,2021 Special Town Meeting#1(2021-1),cont.
single family,senior independent living,or apartments. He further noted that
"diversity"included people of different backgrounds,including economic,age,and
religion and that Housing for seniors was a goal. Mr.Zhao asked whether there could
be senior living units as an incentive criteria for developers.
Mr.Hornig stated that under the Fair Housing Act,housing developments cannot be
partially age restricted. He further noted that the flexibility of unit types created in
OSRD,some units could address accessibility.
Mr.Zhao asked whether Fair Housing Law only applied based on age,and asked if the
structure having single floor living should be allowed.
Christina Marshall,Town Counsel,noted that this was a possibility but explicitly
designed for a particular usage such as single family living could be a possibility but
something designed for a particular age group would be in line with Mr.Hornig
mentioned.
Mr.Zhao stated that most seniors could not live in a multi-level dwelling so wondered
if we could add criteria such as a single floor living arrange.
Ms.Marshall stated that they could,but not towards a specific age group.
8:10 P.M. Mr.Hornig stated that they learned while they developed the plan that they could not
have accessibility rules inconsistent with the regulations of the Architectural
Accessibility Board so could not require something stricter than what they required.
8:10 P.M. Wendy Manz,Pct.9,stated that she was strongly in favor of the Article and noted that
it was one more tool to encourage builders to develop and create housing that was
more varied and hoped to encourage affordable and moderate diverse housing. She
noted that a density bonus was offered to developers for smaller,more clustered
housing,and addressed moving toward the goals of open space and affordable and
moderate housing.
8:12 p.m. Leonard Morse-Fortier said that the Comprehensive Planning Advisory Committee
(CPAC)had been working for the last 3 years to formulate a comprehensive plan. He
stated that he hoped that the Members would vote"no"in anticipation of a better
Article for the Annual Town Meeting. He said that to vote on this version of the
Article,prior to the completion of the plan,seemed inappropriate.
8:14 p.m. A statement from a residents was read by Public Information Officer,Sean Duggan.
Margaret Heitz,335 Merritt Road,said that she supports the Article and stated that the
perceived the problem of increased housing density as overblown. She noted that she
lived in a single family home near 341 Merritt,an 8 unit development,with a
driveway that led to her street. She estimated up to 24 occupants. She further stated
that she had suffered no inconveniences from the larger occupancy and encouraged
others to vote"yes"on the Article.
8:15 p.m. Michael Boudett,Pct.4,asked the members of the Select Board to state who had been
opposed to the Article and asked that they delineate what they felt needed more study.
Mr.Pato, Select Board Member,stated that he was concerned about changes in"by
right''developments that have come,in his thinking,without adequate controls and
provisions for sustainability,particularly ones that would meet the spirit of Town
Meeting's vote to addressing the impact of greenhouse gas generation and hoped that
further study would address some of his concerns and resolve them before the Annual
Town Meeting.
8:18 P.M. Mr. Sandeen, Select Board Member,stated that he strongly agreed with the points Mr.
Pato had made and said that before"by right"zoning,they needed to ensure that they
were developing for the long haul,and that new construction should be consistent to
Article 29 that had been passed at the Annual Town Meeting.
November 8,2021 Special Town Meeting#1(2021-1),cont.
Ms.Barry, Select Board Member,echoed those concerns and stated that she felt the
Article didn't seem ready yet,and needed further discussion and wide-spread
conversation.
Mr.Boudett asked what for an example of a type greenhouse gas requirement would
be more acceptable.
Mr.Pato stated that those requirements enacted by Article 29 were appropriate,but at
the current time they were being held in abeyance by the Legislature for all new
growth in zoning.
8:20 p.m. Betsey Weiss,Pct.2,stated that she fully supported OSRD as another tool to be used
and that they needed more affordable and attainable and diverse housing. She had
attended the September 21st meeting for CPAC on Housing and the Summary seemed
to back that up and that zoning needed to be amended to allow for a more diverse
housing stock,while preserving open space. She further stated that waiting for CPAC
study did not seem to be a reason to not pass the Article at this time.
8:23 p.m. Thomas Shiple,Pct.9,stated that he supported the idea of greater housing as well as
denser housing,but that the proposal did not seem fully vetted. He would prefer a
financial analysis and modeling. He commended Mr.Daggett on his work,but stated
that they needed more time.
8:24 p.m. Sarah Higginbotham,Pct.5,asked if the Article were not passed,whether the
Planning Board would refine it and take it up for another meeting.
Mr.Hornig stated that due to staff challenges they were unlikely to take the OSRD
approach at this time. He further noted that they no longer had a Planning Director
and that the staff did not feel they had the capacity to address any zoning initiatives
until the reorganizational process was complete and are able to hire a new Director—
he noted that the staff strongly suggested that the Planning Board not pursue any
zoning initiatives in Spring 2022,which meant waiting until 2023.
Ms.Higginbotham stated that she deeply cares about diversity in Lexington and was
disappointed with this answer.
8:26 p.m. Robert Creech,Precinct 7,moved to Amend Article 15,as follows:
MOTION 1:
A) Amend the proposed Table of Uses,Row A.1.06,under Item 1,as follows:
In the RO,RS and RT Districts,require a Special Permit instead of the proposed
Site Plan Review.
a. For the RO District,replace"R"with"SP"
b.For the RS District,replace`It"with"SP"
c. For the RT District,replace"R"with"SP"
Mr. Creech then made a Presentation relating to changing the Main Motion.
8:29 p.m. Charles Hornig,Chair,Planning Board,reported the recommendation of the Planning
Board with a vote of 4 to 1 to recommend rejection of the proposed Amendment. He
noted that 1)the State Law deliberately encourages"by right"OSRD provisions by
making them easier to approve. Approving the Amendment would remove that
encouragement and make the Main Motion require significantly more votes to pass,
likely defeating it and making the Amendment pointless;and 2)it was impractical as
they removed the criteria judge it,and the Planning Board would have no guidance to
offer and developers would not have guidance,either.
8:32 p.m. Jill Hai,Select Board Chair,reported that the Select Board had 2 members in favor
and 1 opposed with 2 awaiting discussion.
8:33 p.m. Jeri Foutter,Housing Partnership Board Chair,noted that Housing Partnership Board
had not voted on the Amendment.
November 8,2021 Special Town Meeting#1(2021-1),cont.
8:34 p.m. The Moderator opened the floor for discussion and debate on the Amendment.
Melinda Walker,Pct. 8,asked whether they should wait to hear the report from the
CPAC and wondered if it would be an Article or recommendation and and how far
along in the process it had gotten.
Mr.Hornig stated that they currently had a subcommittee(CPAC)and they were
working to build a draft comprehensive plan for adoption and it would hopefully be
available early next year. Data had been collected but it hadn't been rolled out to the
public or Planning Board and that they would be discussing at a high level in an
upcoming meeting. The CPAC was due to give a presentation with more details at
their public forum on December 7ffi and then the Planning Board would be discussing
in further detail at their meeting on the December 151'. He noted that they were
hoping the Planning Board would be able to adopt the Comprehensive Plan in the first
quarter of 2022. Mr.Horning stated the Plan was just a document that gave
recommendations for Town goals and implementation steps. These steps would
hopefully be enacted in the late 2022/early 2023.
8:37 p.m. Mr.Leonard Morse-Fortier,noted a Point of Order that Mr. Creech was a liaison from
the CPAC to the Planning Board and hoped he would answer the question.
Mr. Creech stated that the Comprehensive Plan had a housing section and defined
housing needs,and made recommendations,but would not include the bylaw.
8:43 p.m. Allain Levine,Pct. 8,asked what level of discretion the Special Permit granting
authority would have if the Amendment were passed and asked to what extent they
would be bound to approve/disapprove a Special Permit.
Counsel Marshall stated that the bylaw had some general criteria for the granting of
Special Permits and also specific criteria for specific sections,so the Special Permit
granting authority would be subject to that general criteria,but nothing specific to the
proposal.
8:45 p.m. Mr.Hornig stated that under Site Plan Review,the Planning Board reviews the
proposal,and if it complies with the Zoning and Planning Board recommendations,
they must approve it,but they could impose reasonable conditions that didn't prohibit
the development. They could also further the goals of the Regulations and bylaw but
they couldn't touch the fundamental characteristics but could ensure that as it was
built,it conformed with the letter and spirit of the bylaw.
Mr.Levine asked whether the Planning Board needed to approve a project if it meets
the criteria.
Mr.Hornig noted that the Special Permit can be granted if it complies with all the
rules and they would need to have a very good reason to deny it.
8:50 p.m. Deborah Strod,Pct.6,asked for confirmation that the vote would require 2/3 ds-
The Moderator stated that as this was an Amendment it would require a simple
majority.
Members continued to debate and discuss the Amendment.
8:57 p.m. The Moderator noted that thirty minutes of debate/discussion had ended.
8:58 p.m. In summation,Mr. Creech,stated that builders had plenty of incentives working in the
Lexington market with the current house prices.
9:00 P.M. Voting commenced on the Amendment to Article 15,Motion 1.
November 8,2021 Special Town Meeting#1(2021-1),cont.
Following remote electronic vote tallying,the Moderator declared the:
Motion to Amend Article 15,Motion 1
Fails on a vote of:
Yes No Abstain
68 102 8
MOTION FAILS
9:04 p.m. The Moderator noted that they would continue debate and discussion on the Main
Motion.
Rodney Cole,Pct.9,stated that this was a positive tool and when the Comprehensive
Plan was available,they could have other things to act on. He noted that this was a
positive step forward.
9:05 p.m. Robert Avallone,Pct. 8,raised a Point of Order and asked whether the next step
should be to continue with Mr. Creech's other Amendments.
The Moderator replied that Mr. Creech had chosen to do them one at a time.
9:07 p.m. Members continued discussions including questions regarding rezoning,and using the
OSRD as a tool instead of conventional building.
9:17 p.m. The Moderator recognized Mr. Creech and strongly suggested he bring forward one
Amendment that included both planned motions and they would be discussed and
voted at the same time.
9:19 P.M. Robert Creech,Precinct 7,moved to Amend Article 15,as follows:
Motion 2:
B) Amend Section 6.12.4,under Item 3,by striking the condition"Where on street
parking is not available"as follows
i. Visitor parking. ,A
minimum of 1 additional parking space per every 4 dwelling units
shall be provided for visitor parking.
Motion 3:
Amend 6.12.5,under item 3 to require a minimum of 45%of the developable site
area be set aside as open space as follows:
a) At lease 7��45%of the developable site area within an OSRD
shall be set aside as open land,as described in MGL c.40A,§ IA.
9:22 p.m. Charles Hornig,Chair,Planning Board,reported the recommendation of the Planning
Board with a vote of 5/0 to recommend Motion 2 of the Amendment as it addressed a
minor oversight.
Mr.Hornig stated that the Board recommended rejection of Motion 3 in a vote of 4/1
based on feedback from a developer working with the Select Board Advisory
Committee,who noted that preserving 50%of the developable site area is already the
main obstacle using OSRD provision. It is likely that preserving 60%was not
achievable and making the change would result in preserving no open space.
The Moderator asked for clarification regarding the"60%"and noted that the motion
had asked for 45%.
Mr.Hornig noted that between open space and open land and noted that Mr.Creech
had asked for the open land requirement to be 45%and leaving the 15%requirement
for other open space,making a total of 60%. The end result was that 60%of the
developable site could not be used for buildings or driveways,etc.
9:25 p.m. Jill Hai,Select Board Chair,reported that the Select Board had 1 member in favor and
4 awaiting discussion on Motion 2 and on Motion 3 there were 2 members in favor, 1
opposed,and 2 awaiting discussion.
9:25 p.m. The Moderator opened the floor for discussion and debate on the Amendments.
November 8,2021 Special Town Meeting#1(2021-1),cont.
Robert Avallone,Pct. 8,asked the Select Board to clarify who was in favor/opposed
on Motion number 3.
Ms.Hai stated that she had been a"no"for Motion 3 and largely for the reasons Mr.
Hornig stated regarding exempting 60%of the land for preservation.
Mr.Pato stated that now that he has heard the Planning Board he also supported
Motion 2 and he was satisfied with Mr. Creech's Amendment in Motion 3.
Mr. Sandeen stated that he would echo Mr.Pato's comments and would also support
Motion 2.
Ms.Hai noted that this would update their tally to 3 members in favor of Motion 2,
with 2 members waiting.
9:29 p.m. As there were no persons waiting to be heard,the Moderator opened the vote on
Motion 2.
Following remote electronic vote tallying,the Moderator declared the:
Motion to Amend Article 15,Motion 2(Parking)
Adopted on a vote of:
Yes No Abstain
159 12 6
MOTION CARRIES
9:32 p.m. The Moderator opened the vote on Motion 3.
Following remote electronic vote tallying,the Moderator declared the:
Motion to Amend Article 15,Motion 3(Open Land)
Fails on a vote of:
Yes No Abstain
63 102 13
MOTION FAILS
9:35 p.m. The Moderator opened the floor for discussion and debate on the Main Motion as
amended with the parking change,and then asked Town Counsel to confirm that when
they moved the next vote that it was a simple majority.
Counsel Marshall confirmed that it would be a simple majority.
9:37 p.m. The Moderator reminded the Meeting Members that this was not the only zoning
article planned for the evening.
9:38 p.m. Members discussed whether permitting would allow certain types of housing,while
trying to meet the goals of more affordable housing and addressing"by right"
permitting.
9:49 p.m. Dawn McKenna,Pct. 6.,called the question.
9:50 p.m. The Moderator opened voting on the motion to close debate.
Following remote electronic vote tallying,the Moderator declared the:
Motion to Close Debate
Carries on a vote of:
Yes No Abstain
125 36 14
MOTION CARRIES
9:51 p.m. With debate closed,the Moderator recognized Mr.Hornig for closing remarks.
November 8,2021 Special Town Meeting#1(2021-1),cont.
Mr.Hornig stated that he hoped that they could move forward with this small step
towards more diverse housing in Lexington. He also promised that more changes
would be coming.
9:52 p.m. The Moderator opened voting on the Motion,as Amended.
Following remote electronic vote tallying,the Moderator declared:
Article 15,as Amended
Fails on a vote of:
Yes No Abstain
85 88 3
MOTION FAILS
9:54 p.m. The Moderator declared Special Town Meeting#1 open under Article 16.
9:55 p.m. Mr.Peters served Notice of Reconsideration on Article 15.
ARTICLE 16:AMEND ZONING BYLAW RESIDENTIAL PARKING
To see if the Town will vote to amend the Zoning Bylaw to reduce residential parking requirements to
encourage additional residential units;or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would update the Zoning Bylaw to reduce the amount of required parking
for some residential uses to decrease the cost of adding housing units and encourage use of alternative
means of transportation.
MOTION:
Mr.Peters moves that the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington,be
amended as follows(sem text is to be removed and underlined text is to be added),and
further that non-substantive changes to the numbering of this bylaw be permitted to comply with the
numbering format of the Code of the Town of Lexington:
4. Amend the first four residential use rows of the table in§ 135-5.1.4(Table of Parking
Requirements)as follows:
Type of Use Parking Factor
Residential Uses
pperapartment
Dwelling unit,accessory apartment,rooming or unitunit,bed-and-breakfast unit
P44el. assist@4 14ai sit4g fat rho @14@-l.
er persons 0.5 per dwelling unit
Housing for old
5. Amend§ 135-5.1.13.10(Design Standards)as follows:
10.Exception for one-family or two-family dwelling.The provisions of§ 5.1.13 with regard
to backing into a public street,marking of pavement,ffiei,itig of i,ehi and surfacing
and drainage shall not apply where parking is provided for any one-family or two-family
dwelling.
November 8,2021 Special Town Meeting#1(2021-1),cont.
9:56 p.m. Charles Hornig,Planning Board Chair,presented information for Article 16 and
reported that the Planning Board voted recommended approval of the Motion with a
vote of 4 in favor and 1 opposed. He noted that it offered diversity in the amount of
residential parking provided for residents and potential residents who did not require 2
parking spaces as well as decreasing the amount of paved area.
9:57 p.m. Joseph Pato,Select Board Member,stated that Select Board unanimously supported
the Motion.
9:58 p.m. Jeri Foutter, Chair of the Housing Partnership Board, noted that the discussion
highlights between the joint meeting of the Housing Partnership Board and Planning
Board on November 4ffi , included the fact that this was minimum, not a maximum
requirement, and that currently more than 25%of dwelling units had 1 parking space.
Ms. Foutter noted that the Board had voted with 8 in favor and 1 abstention to
recommend approval of the Article.
9:59 p.m. The Moderator opened the floor for debate and questions.
10:00 P.M. Members discussed the pros and cons of allowing the zoning changes.
Mr. Hornig noted that it mostly came into play in large developments as single family
homes would have the space to permit 2 or more cars and that it was a minimum,not a
requirement.
10:29 p.m. Lawrence Chan,Pct.4,called the question.
The Moderator opened voting on the Motion to Close Debate.
Following remote electronic vote tallying,the Moderator declared the:
Motion to Close Debate
Carries on a vote of:
Yes No Abstain
143 19 9
MOTION CARRIES
10:32 p.m. As Mr.Hornig did not have final comments,the Moderator opened voting on Article
16.
Following remote electronic vote tallying,the Moderator declared:
Article 16
Adopted on a vote of:
Yes No Abstain
116 47 8
MOTION CARRIES
10:37 p.m. Deborah Strod, Pct. 6, stated that vote had not registered in the system, but she had
received feedback that it had.
10:38 p.m. The Moderator asked that the vote were revised to include her"no"vote,as follows:
Yes No Abstain
116 48 8
MOTION CARRIES
10:39 p.m. The Moderator noted that things had gotten a bit backed up and that she was
concerned with only holding Wednesday and Thursday due to the number of Articles
still needing to be addressed. As such,she asked that Ms.Hai motion to continue to
the following evening.
November 8,2021 Special Town Meeting#1(2021-1),cont.
Jill Hai,Select Board Chair,Motioned to Adjourn the Special Town Meeting#1 to
Tuesday,November 16,2021,7:30 p.m.,such meeting to be held remotely. As there
were no objections,the Moderator declared the Motion adopted and the Meeting
adjourned.
November 16,2021 Adjourned Session of the 2021 Special Town Meeting#1
Deputy Moderator Barry Orenstein called the fourth session of 2021-1 Special Town Meeting to
order at 7:30 p.m.on Tuesday,November 16,2021. The meeting was held remotely due to the
COVID-19 pandemic.
7:30 p.m. The Moderator recognized Joe Pato,Select Board Member,to offer a brief
presentation to address some uncertainty about how to check if a vote was cast as a
few members had reported that their votes hadn't been recorded. Mr.Pato gave a brief
overview of how voting would show in the portal. Mr.Pato noted that he had set up a
system that if there was a discrepancy,he would be able to look at the actions taken by
Members to ensure they were correctly recorded. He further noted that the bylaw that
allowed online voting and procedures that had been adopted required that the votes
were scrolled onscreen for verification. Mr.Pato reminded Town Meeting Members
that if they noticed an error,they should let the Moderator know promptly as once the
Moderator certified a vote,it could not be changed and called on Members to watch
carefully.
7:34 p.m. The Moderator called for attendance for the Members and noted that he would give
some procedural information while the portal was open. He also reminded the
members of the public how to register comments.
7:38 p.m. After attendance was complete,the Moderator stated that they had sufficient quorum
(15 8)to move forward,and opened the meeting under Article 1,Reports.
Ms.Hai moved that the Report of the Town Manager should be received and placed
on file and further asked that Town meeting recognize James Malloy,Town Manager.
The Moderator noted that he would first accept two other Reports before recognizing
Mr.Malloy.
As there were no objections,Report was received and placed on file.
Mr.Peters,Planning Board,motioned to receive the written Report of the Planning
Board for Article 17 and place it on file.
As there were no objections,Report was received and placed on file.
Mr. Charles Lamb,Capital Expense Committee,motioned to receive the written
Supplemental Capital Expense Committee Report for Article 5 and place it on file.
As there were no objections,Report was received and placed on file.
7:40 p.m. The Moderator then recognized James Malloy,Town Manager,for remarks.
Mr.Malloy noted that during FY21 the Town built on an already strong financial
condition. He offered the following other information:
• General Fund revenue was projected at$244.5M and came in at$246.5—a surplus of$2M. This
was driven primarily by building permits which came in$1.6M higher than projected due to
strong commercial development and continued residential development.
• General Fund expenses were budgeted at$225.8M and came in at$216.5—due in some part to
reduced spending due to the pandemic,resulting in a turn-back of$9.3M.
• Together,these provided an available resource of$11M available for future budgets,specifically
as Free Cash available for FY23,which would be used for cash capital and to fund OPEB and
CSF reserves.
November 8,2021 Special Town Meeting#1(2021-1),cont.
FY22 had started strong as new levy growth was projected at$2.75M when the FY2022 budget was
developed. The actual amount certified by DOR was$4.98M which again reflects growth in both
Commercial and Residential development.
At this Town Meeting,it was recommended to use the additional$2.2M to fund the increases in the
Westview Cemetery and Police Station capital articles. Funding these projects with cash instead of
issuing additional debt would save the town future interest costs. They also recommended that the
remaining amount of new growth then be set aside into the Capital Stabilization Fund to help offset
future debt service.
In Fiscal 2022 the final payment on the two land purchases that were approved in 2016—173
Bedford St(site of Temp Fire/Police Stations)and 20 Pelham Rd(site of Lexington Children's Place)
would be made. Those purchases totaled$12AM and were paid down over a 5-year period.
COVID Expenses and Federal Funds—FEMA,CARES Act,and American Rescue Plan Act(ARPA)
• From the Spring of 2020 through December of this year(2021)the Town had been approved for
$2.94M in expense reimbursement from CARES Act,and$423K from FEMA(with another
$200K pending reimbursement).
• This has covered many pandemic related expenses including overtime,PP&E and specialized
equipment for the Health Department and Emergency Responders,for town-wide testing events
and pooled testing in schools,IT equipment and subscriptions for remote work and virtual
meetings(such as Town Meetings),HVAC improvements to improve air quality in school and
municipal buildings and curbside Library service.
• Additionally,the school department received$1.6M from CARES Act via an ESSER grant.
• Going forward,the Town now has$9.9M available through ARPA that can be spent over the next
3 calendar years and the Select Board and staff are currently working on how those funds will be
spent.
Mr.Malloy took a moment to thank Nathalie(Nadie)Rice for her many years of service as the
Lexington Town Clerk and welcomed Mary de Alderete,the new Town Clerk. He mentioned that
they were looking forward to working with her in the upcoming years.
7:49 p.m. The Moderator then asked Ms.Hai for a procedural motion to take up Articles 4,7,
and 17.
Ms.Hai moved that Town Meeting take up Articles 4,7,and 17.
As there were no objections,the Moderator declared Special Town Meeting#1 open
under Article 4.
ARTICLE 4:AMEND 2022 OPERATING BUDGETS
To see if the Town will vote to make supplementary appropriations, to be used in conjunction with
money appropriated under Articles 4,5 and 9 of the warrant for the 2021 Annual Town Meeting to be
used during the current fiscal year, or make any other adjustments to the current fiscal year budgets
and appropriations that may be necessary;to determine whether the money shall be provided by tax
levy,by transfer from available funds including the Community Preservation Fund or by combination
of any of these methods;or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to permit adjustments to current fiscal year (FY2022)
appropriations.
November 8,2021 Special Town Meeting#1(2021-1),cont.
MOTION: Ms.Hai moves
(a) that the following adjustment be made to the following line items for the FY2022 Operating
budget as approved under Article 4 of the 2021 Annual Town Meeting:
Line item Program From To
2140 Unemployment $300,000 $200,000
4100 Law Enforcement Personal Services $77209,908 $7,118,998
4200 Fire Personal Services $7,047,201 $7,247,201
5100 Library„Personal Services $27475,402 $2,5257607
6000 Human Services Expenses $786,991 $586,991
8210-8220 Town Manager Personal Services $922,639 $932,679
8600 Innovation&Technology Personal Services $944,997 $894,792
(b) That the following adjustment be made to the following line item for the FY2022 budget to
operate the Water Division of the Department of Public Works as approved under Article 5(a)of
the 2021 Annual Town Meeting:
Program From To
Personal Services $903,535 $865,454
MWRA Water Assessment ,
,
$8, 82170 $87
7 43,912
(c) That the following adjustment be made to the following line item for the FY2022 budget to
operate the Wastewater Division of the Department of Public Works as approved under Article
5(b)of the 2021 Annual Town Meeting:
Program From To
Personal Services $401,775 $389,779
MWRA Wastewater Assessment $8 232 301 $8 1
.... � .... .... � 77,213 .... ..
7:50 p.m. Mr.Malloy gave a brief presentation regarding the Management Analyst position in
the Town Manager's Office including funding.
7:51 p.m. Jill Hai, Select Board Chair,reported the unanimous support of the Select Board for
the Article.
John Bartenstein,Appropriations Committee Member,stated that the Committee
supported the Article with a vote of 8/0 for approval.
7:56 p.m. The Moderator opened the floor for discussion and debate
The Town Meeting Members discussed the Article and asked questions regarding the
position of the Management Analyst and whether the person in the position would be
available to help with financial modeling of zoning articles.
8:02 p.m. Following discussion,the Moderator opened voting on Article 4.
8:05 p.m. Jenny Richin,Pct.4,asked if more time could be allowed to let the votes scroll on the
screen twice. The Moderator agreed to do so.
8:11 P.M. Mr.Malloy pointed that the screen showed that a 2/3 majority was required,but it
was,in fact only a majority that was required.
After discussion,it was decided that a new vote would not be required to clarify the
quantum of votes.
8:14 p.m. David Kanter,Pct. 7,asked for clarification on how the votes were being recorded.
The Moderator stated that while the screen still showed the 2/3 d requirement,a simple
majority was required.
November 8,2021 Special Town Meeting#1(2021-1),cont.
Following remote electronic vote tallying,the Moderator declared:
Article 4
Adopted on a vote of:
Yes No Abstain
170 0 1
MOTION UNANIMOUSLY CARRIES
8:15 p.m. The Moderator declared Special Town Meeting#1 open under Article 7.
ARTICLE 7 APPROPRIATE WESTVIEW CEMETERY BUILDING CONSTRUCTION
To see if the Town will vote to raise and appropriate an additional sum of money for construction of a
new Westview Cemetery Building on the Westview Cemetery grounds,including the payment of costs
of demolition, architectural and engineering services, original equipment, furnishings, landscaping,
paving and other site traffic improvements, or other costs incidental or related to such construction;
and determine whether the money will be provided by the tax levy,by transfer from available funds,
by borrowing or by any combination of these methods;or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: $770,000
DESCRIPTION: Town Meeting appropriated funding for the construction of a new Westview
Cemetery building under Article 16K of the 2020 Annual Town Meeting. This construction project
was publicly bid in June of 2021, and all bids submitted came in over the appropriated budget of
$3,290,000. This article requests additional funding of$770,000 to cover the expected construction
costs of the Westview Cemetery building,and if approved,this project will be rebid in early 2022.
MOTION: Mr.Lucerne moves that$770,000 be appropriated for design and construction of a new
Westview Cemetery Building on the Westview Cemetery grounds,including the costs of demolition,
architectural and engineering services,original equipment,furnishings,landscaping,paving,and other
site and traffic improvements incidental or related to such construction, and that to meet this
appropriation$770,000 be raised in the tax levy.
8:16 p.m. David Pinsonneault,Public Works Director,presented information on the plans for
Westview Cemetery construction.
8:24 p.m. Doug Lucerne, Select Board Member,gave an overview of the reasons for the extra
$770,000,including that bids had been received exceeded the appropriation due to a
number of factors including the effect of the pandemic on material costs. Mr.Lucente
stated that the Select Board unanimously supported passage of the Article.
Charles Lamb,Capital Expenditures Committee Chair,stated that the Capital
Expenditures Committee had voted to unanimously approve the Article.
Glenn Parker,Appropriations Committee Chair,stated that the Committee supported
the Motion with a vote of 8/0 for approval.
8:25 p.m. The Moderator opened the floor for debate and discussions.
8:26 p.m. Members discussed the cost per square foot and asked whether it was in line with
other building costs. Michael Cronin,Facilities Director,offered answers regarding
questions and stated that the smaller the building,the higher amount per square foot.
8:30 p.m. Jessie Steigerwald,Pct. 8,raised a Point of Order stating that she was having trouble
hearing some speakers and asked the Moderator to remind everyone to use their
microphones. The Moderator reminded Members to do so.
November 8,2021 Special Town Meeting#1(2021-1),cont.
8:32 p.m. Mr. Cronin followed up regarding costs of home construction versus commercial
construction and noted they were different due to materials such as steel and masonry
being used. He further noted that public bid projects used prevailing wage rates,
which was significantly different from home building contractors and that due to
delays the cost of the project had significantly increased. He further stated that they
had worked with the Permanent Building Committee,that the building was completely
electric,and was prepped for solar or a crematorium at a future date.
8:34 p.m. Anthony Galaitsis,Pct. 5,raised a Point of Order that every Town Meeting Member to
check their microphone in the Zoom platform to ensure that it was at an appropriate
volume. This was noted.
8:35 p.m. Brian Heffernan,Pct. 1,questioned the number and value of bids.
Mr. Cronin stated that 5 bids had been received,one over$400,000 the estimated
expected expenditure,3 had been within about$50,000 at about$700,000 over budget
and one was$1 million over budget. He noted that they had removed the high and
low bid and then estimated the budget based on the three in the middle. Mr.Cronin
also stated that they would have to go out for rebids as prior bids expired 30 days after
submission.
8:40 p.m. Town Meeting Members continued discussion regarding location of the new site and
other project details including adding a cremation addition.
8:47 p.m. Umesh Shelat,Pct. 7,asked whether,in the situation that Article 8 passed,in relation
to the measures of diversity,equity and inclusion-if members of other religions in
Lexington that require cremation were not able to have this performed did they run the
risk of violating that Article.
8:48 p.m. Counsel Makarious stated that Article 8 was a Resolution to consider diversity,equity,
and inclusion on every Article,but as Mr. Cronin had mentioned that while there had
been consideration of adding the crematorium to the project,the final decisions had to
do with the financial costs and the feasibility and not based on those factors.
Mr. Shelat stated that while those decisions had been made,Article 8 was approved
afterwards and asked,as they had occurred at different times,whether the DEI
principals were being violated.
Counsel Makarious stated that that while it was a good question,Article 8 would
suggest that considering DEI on future decisions,this was more of a process oriented
Article to make sure those were considered. Those questions were raised regarding
the process of the budget for renovations,but he didn't believe any one Article could
guarantee DEI on all matters at all times.
The Moderator asked Counsel to clarify that it would be considered as opposed to be
accepted per se. Counsel Makarious stated that this what Article 8 demands but that
the current Article before Town Meeting was just for particular funding,and that it
didn't call for additional renovations,so Article 8 was not dictating a particular
outcome.
8:51 p.m. Paul Lapointe,Pct.2,attempted to ask a question,but was unable to unmute.
8:53 p.m. David Kanter,Pct. 7,called the question.
8:54 p.m. The Moderator opened voting on the motion to close debate.
8:55 p.m. John Bartenstein raised a Point of Order stated that there had been a problem with the
unmute button and that Mr.Lapointe was not able to speak before the vote was
complete due to technical difficulty,and hoped that he would be able to do so. The
Moderator conferred with Mr.Kanter and asked if he would permit him to do so. Mr.
Kanter agreed.
8:56 p.m. Paul Lapointe,Pct.2,stated that he had two reasons to vote against the Motion—the
price tag and the funding source. He further noted that he felt that the Town should
not be in the"cemetery business"—or that it should be an enterprise fund.
November 8,2021 Special Town Meeting#1(2021-1),cont.
James Malloy,Town Manager,pointed out that Mass General Law 114 sec. 10
required that"Each town shall provide one or more suitable places for the interment of
persons dying within its limits".
8:57 p.m. The Moderator closed the voting portal and then called a discussion from Umesh
Shelat,Pct. 7,Out of Order as voting had already been closed.
Following remote electronic vote tallying,the Moderator declared:
Motion to Close Debate
Carries on a vote of:
Yes No Abstain
140 26 10
MOTION CARRIES
9:02 p.m. The Moderator then called voting open on Article 7. Mr.Pato noted that the Motion
did not require a 2/3rds vote,only a majority.
Following remote electronic vote tallying,the Moderator declared:
Article 7
Adopted on a vote of:
Yes No Abstain
150 19 7
MOTION CARRIES
9:09 P.M. The Moderator declared Special Town Meeting#1 open under Article 17.
ARTICLE 17:AMEND ZONING BYLAW-SUSTAINABLE DESIGN FOR HARTWELL
AVENUE (CITIZEN PETITION)(,'Vee Note to File belo#v)
To see if the Town will vote to amend the Zoning Bylaw to alter and/or supplement dimensional,
Sustainable Design,and other standards to limit the use of on-site fossil fuel combustion for heating,
ventilation, and air conditioning(HVAC) systems for the CM district, or act in any other manner in
relation thereto.
(Inserted by Cynthia Arens and 99 or more other registered voters)
DESCRIPTION: The proposed changes under this article would create an additional zoning incentive
for new construction in the CM district to use non-fossil-fuel-combustion-based HVAC systems.
Buildings that don't use on-site fossil-fuel-combustion-heating or have a first stage of heating that
delivers a minimum capacity of heat without on-site combustion are allowed to exceed sixty-five(65)
feet in height.
MOTION:Ms.Arens moves to amend Section 7.4.4 of the Zoning Bylaw, Section 135 of the Code
of the Town of Lexington,to insert a new Section 135-7.4.4.2 after Section 135-7.4.4.1,as follows,
and further that non-substantive changes to the numbering of the Zoning Bylaw be permitted in order
that it be in compliance with the numbering format of the Code of the Town of Lexington:
7.4.4.2.Buildings over sixty-five(65)feet shall utilize a heating,ventilation,and air conditioning
(HVAC)system with a first stage of heating that uses a combination of air-source,ground-
source or exhaust-source heat pumps or other heating system with a Coefficient of
Performance(COP)greater than 1.0 that does not use on-site fossil fuel combustion and
which has a minimum heating capacity of five(5)British thermal units(Btu)per hour per
gross square foot or equal to the building's design heating load,whichever is lower.
November 8,2021 Special Town Meeting#1(2021-1),cont.
a. Any additional stage of heating capacity above five(5)British thermal units(Btu)per hour
per gross square foot may utilize on-site combustion,provided the HVAC and building
management systems are designed and programmed such that normal operation initially relies
on the non-combustion system to serve all building heating loads as the first stage before
using any on-site combustion heating systems to supplement in a subsequent stage.
b. This subsection 7.4.4.2 shall not apply to systems not related to building heating,such as
emergency backup power generators,humidification,and process equipment.
Following the motion,Cindy Arens,Pct.3 Meeting Member and Member of Sustainable Lexington
Committee gave a presentation explaining the Article and its requirements.
9:19 P.M. Ms.Arens followed up with a few updates including support from local
Representatives for Lexington.
9:20 p.m. Charles Hornig,Planning Board Chair,stated that the Planning Board recommended
approval of the Article 4 to 1.
Mr. Sandeen, Select Board Member,noted that the Select Board supported approval of
the Article with 4 in favor and 1 awaiting discussion.
Dan Voss,Sustainable Lexington Committee Chair,noted the Sustainable Lexington
Committee's strong support of the Article.
9:27 p.m. The Moderator stated that the floor was open for discussion and debate.
Members discussed the Motion and its required approval process and whether any
projects currently proposed would be subject to the Article,if passed.
9:59 p.m. Harry Forsdick,Pct. 7,moved the question.
The Moderator noted that the voting system would be open on the Motion.
Following remote electronic vote tallying,the Moderator declared:
Motion to Close Debate
Carries on a vote of:
Yes No Abstain
128 31 15
9:59 p.m. Delanot Bastien,Pct.3,stated that he was unable to vote due to technical difficulties.
The Moderator noted that the vote should be amended,as follows:
Yes No Abstain
129 31 15
MOTION CARRIES
10:00 P.M. In summation,Ms.Arens said that at a forum she had recently attended,that
Representatives who had attended the UN Climate Change Conference in Glasgow
stated that while they were encouraged by so many nations coming together to pledge
more action,they knew it wasn't enough and emphasized the need for bold and robust
local action and noted that a 2/3 vote was required.
10:01 P.M. The Moderator then called voting open on Article 17.
Following remote electronic vote tallying,the Moderator declared:
Article 17
Adopted on a vote of:
Yes No Abstain
167 4 3
November 8,2021 Special Town Meeting#1(2021-1),cont.
10:05 p.m. Robert Cohen,Pct.4,raised a Point of Order stating that he had voted but it hadn't
registered. He asked that the total be updated to add one vote(yes).
Taylor Singh,Pct.6,noted that her vote had not recorded due to technical difficulties
(yes).
Tanya Gisolfi-McCready,Pct. 1,also noted technical difficulty (yes).
The Moderator noted that the vote should be amended,as follows:
Yes No Abstain
170 4 3
MOTION CARRIES
Note to Fills Ailicle 77meas disal)I)roved 1�y Yhe Alsorne.y 6 eral s Qlfice on,lune pw 2022
10:10 P.M. Jill Hai,Select Board Chair,Motioned to Adjourn the Special Town Meeting#1 to
Wednesday,November 17,2021,7:30 p.m.,such meeting to be held remotely. As
there were no objections,the Moderator declared the Motion adopted and the Meeting
adjourned.
November 17,2021 Adjourned Session of the 2021 Special Town Meeting#1
Moderator Deborah Brown called the fifth session of 2021-1 Special Town Meeting to order at 7:30
p.m.on Wednesday,November 17,2021. The meeting was held remotely due to the COVID-19
pandemic.
The Moderator then noted that Mr.Pato had developed a new feature that he had added to the Town
Meeting Portal in order to show Members that their votes had been successfully submitted and
received,as well as the text of the Article or Amendment being voted on. The Moderator gave a brief
overview of the process.
7:36 p.m. The Moderator called for the attendance module to be opened.
Frank Smith,Pct.3,noted that there seemed to be an error message above the Article.
Mr.Pato stated that when the screen refreshed,or if a bad URL was typed,it could
generate that error,but the database would not change. He recommended ignoring the
text as long as the vote was correct. Mr. Smith confirmed that when he cast his vote,
the message was no longer there.
The Moderator noted that she would give some procedural information and
announcements while the portal was open. She further noted that she would bring
forward the Article 1 reports and that Members should use the"raise hand"function
for anyone who wished to register an objection.
7:41 p.m. Nancy Corcoran-Ronchetti,Pct. 5,stated that the module had not registered her. It
was noted for the minutes that she was present and in attendance.
7:42 p.m. The Moderator noted that Town Meeting would now observe a Memorial for Town
Meeting Member Sherry Gordon Townes,who had passed away on July 29,2021.
Sherry Lynn Gordon was born in Columbus,Ohio. She came to the Boston area to
attend Brandeis College.After college she worked in the administration of Gov.
Michael Dukasis. She took time off to raise her children but returned to work doing
diversity training for the Anti-Defamation League.In 1987 Sherry and Michael moved
to Lexington,with their three children. Sherry was active in local politics,becoming
the first black School Committee member in Lexington,as well as an active Town
Meeting Member.Additionally,Sherry was very involved as a volunteer with
Lexington Public Schools,President of the Bridge School PTA,a Member of the
November 8,2021 Special Town Meeting#1(2021-1),cont.
Bridge School Site Council,Co-President of the PTA Council,and a Member of the
Clark School Renovations Committee.
Her passion for all children reaching their potential was evidenced in her participation
in academic performance programs such as being the Director of YES(Youth
Explorations in Science),serving on the MCAS Performance Standards Blue Ribbon
Science,the Elementary Science Curriculum Review Committee,and the Math
Citizen Advisory Committee.In the late 1990's she co-founded PATHS(Parents and
Teachers for Harmony in the Schools),which sponsored anti-racism training for
parents and teachers and brought several highly respected academics to speak on the
performance gap between white and black students. In 1999 the PATHS Executive
Committee was awarded a Certificate of Recognition by the Bedford-Lexington area
branch of the American Association of University of Women for their work to help
dismantle racism in the Lexington Public Schools. The Moderator noted that Sherry's
diversity work in Lexington was exemplary and that she had been the Director of the
Civil Rights Movement Project,collaborated with the Lexington Collation for Racial
Equality and represented the No Place for Hate Committee on the Council for Aging.
The Moderator noted that Sherry brought people together in the spirit of conciliation
and consensus,and extended her condolences to Sherry's husband,and extended
family. A moment of silence was observed in Sherry's honor.
The Moderator thanked Melinda Walker for her contributions to the Memorial.
7:46 p.m. The Moderator stated that quorum(172)had been reached and asked Ms.Hai to make
a procedural motion to take up Articles 5 and 9.
Ms.Hai, Select Board Chair,moved that the Town Meeting take up the Articles 5 and
9. As there were no objections,the Moderator declared Town Meeting open on
Article 5.
7:47 p.m. ARTICLE 5 APPROPRIATE FOR POLICE STATION ARCHITECTURAL
AND SWING SPACE CONSTRUCTION
To see if the Town will vote to raise and appropriate a sum of money for design, engineering and
architectural services for a new Police Station at 1575 Massachusetts Avenue; and for remodeling,
reconstructing, making extraordinary repairs and additions to the building at 173 Bedford Street, to
provide swing space for the Police department;and any costs incidental thereto;and determine whether
the money will be provided by the tax levy,by transfer from available funds,by borrowing or by any
combination of these methods;or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED:Unknown at press time
DESCRIPTION:This Article is a funding request for the architectural design of a new Police Station
at 1575 Massachusetts Ave., and temporary construction at 173 Bedford Street. The building 173
Bedford St will serve as a temporary location for the Police station while the current building is being
rebuilt and upgraded.This appropriation includes securing the front entrance,adding holding cells,and
911 center relocation(technology center). It is anticipated that an appropriation for design documents
and construction funding for the Police Station at 1575 Massachusetts Ave.will come forward at the
2022 Annual Town Meeting. The Police department is anticipated to relocate to 173 Bedford St in the
Summer of 2022.
7:48 p.m. Robert Cohen, Pct. 4, raised a Point of Order to ensure that the volume on his
microphone was adequate,and also noted that Ms.Gordon Townes had also served on
the Board of Directors for Brookhaven. The Moderator noted his volume was audible
and that she appreciated the information regarding Ms.Gordon Townes.
November 8,2021 Special Town Meeting#1(2021-1),cont.
MOTION: Mr.Lucente moves that the Town appropriate for the following public facilities capital
improvements and that each amount be raised as indicated:
a) That$255,000 be appropriated for design,engineering,and architectural services,including
production of construction documents,at 1575 Massachusetts Avenue in Lexington,and all
other costs incidental or related thereto,and that to meet this appropriation$255,000 be raised
in the tax levy;and
b) That$615,000 be appropriated for the construction phase of a temporary police station to be
located at 173 Bedford Street in Lexington,and all other costs incidental or related thereto,
and that to meet this appropriation$615,000 be raised in the tax levy.
Mike Cronin,Director of Facilities,gave a Presentation explaining the Article.
7:55 p.m. Douglas Lucente,Select Board Member,stated that before he offered the Report of the
Select Board,he would like clarification on whether both sections should be read at
the same time.
The Moderator requested that both parts be read together,and then to let her know
whether it should be voted in one part or separately.
Mr.Lucente stated that it should be voted as two separate votes for parts A and B.
Mr.Lucente then stated that the Select Board unanimously supported part"A"of the
Motion and had 4 in favor and 1 Member awaiting debate for part`B"of the Motion.
The Moderator clarified that debate and recommendations would be heard on both
parts,but that voting would be done separately.
Charles Lamb,Capital Expenditures Committee Chair,stated that the Capital
Expenditures Committee was unanimous in their support for both parts of the Motion.
Eric Michelson,Appropriations Committee Member noted that the Appropriations
Committee had voted 7/0 for approval of both parts of the Article.
8:03 p.m. The Moderator opened the floor for debate and discussion.
The Members discussed length of time in the swing space and what the planned use of
the space would be after it was no longer needed.
Robert Avallone,Pct. 8,asked which Select Board Member had reservations,and
what they consisted of.
Suzanne Barry, Select Board Member,noted that her overall concern was that she
didn't want to presume the vote of Town Meeting on the Police Station. She also was
also concerned with timing,and wanted to hear the debate before she made a final
decision.
8:05 p.m. Dawn McKenna,Pct.6,moved to Amend Article 5 as:
Ms.McKenna moves that the Motion under Article 5, Section b)be deleted so that the new motion
would read:
MOTION:
That$255,000 be appropriated by the Town for design,engineering,and architectural services,
including production of construction documents,for public facilities capital improvements at 1575
Massachusetts Avenue in Lexington,and all other costs incidental or related thereto,and that to
meet this appropriation$255,000 be raised in the tax levy.
Original motion with proposed edits
MOTION:
November 8,2021 Special Town Meeting#1(2021-1),cont.
a} That$255,000 be appropriated by the Town for design,engineering,and architectural
services,including production of construction documents,for public facilities capital
improvements at 1575
Massachusetts Avenue in Lexington,and all other costs incidental or related thereto,and that to meet
this appropriation$255,000 be raised in the tax levy.
Ms.McKenna then gave a Presentation regarding the Amendment,removing part`B"of the original
Motion.
8:08 P.M. James Malloy,Town Manager,stated that he wished to clarify remarks accredited to
him within the Presentation in regards to moving 911 service and mentioned that Ms.
McKenna had not accurately presented them. He then clarified that he had stated that
there was a 6 month lead time through the State Police in order to move 911 and
during that time they could cancel at any time up to the 6 months. Once the debt
exclusion date was known,they would pick a date 6 months prior in order to give
notice and they could cancel up to the day of the debt exclusion vote. He further noted
that staff making the recommendation were very cognizant of Town Meeting's role,
and were respectful of the fact that it would have an impact on tax payers. One of the
concerns raised was additional costs of a delay when putting the project out for bid.
Mr.Malloy stated that Mr.Cronin had contacted the cost estimator for the project and
he was estimating a 4%construction inflation—or about$106,000 a month,meaning a
6 month delay equated to$636,000 cost increase in the police station project,with an
additional cost to renovate the temporary facility.
8:10 P.M. Doug Lucerne, Select Board Member,stated that the Select Board had voted 4 in
opposition of the Amended Motion,with 1 awaiting debate.
Charles Lamb,Chair of the Capital Expenditures Committee,stated that the
Committee was unanimous in their disapproval of the Amendment.
Mr.Michelson,Appropriations Committee,stated that the Committee voted 7/0 for
disapproval of the Amendment.
The Moderator opened the floor for debate and discussion of the Amendment.
8:12 p.m. Andrei Radulescu-Banu,Pct. 8,questioned that if Part B of the original Motion was
approved,whether project work would start before voter's approved the debt
exclusion and whether any funds would be spent.
8:13 p.m. Mr. Cronin stated that they hoped to put the bid out in the beginning of the next year
and expend funds and start construction before the Annual Town Meeting.
David Kanter,Pct. 7,asked for clarification on whether they were discussing both
parts of Article 5.
The Moderator clarified that they were only commenting on the Amendment.
Mr.Kanter asked that the word"override"be corrected as that was a different process.
The Moderator stated that as it was a debt-exclusion override,the term would be used
for both operating overrides and for debt-exclusion overrides.
The Town Meeting Members continued to discuss the Article and Amendment.
8:20 p.m. Thomas Shiple,Pct.9,stated that it sounded as if they had already been planning to
split the vote on sections A&B so wondered if there was any additional reason for the
Amendment.
8:21 p.m. The Moderator noted that the parliamentary effect would be the same if part`B"were
voted no.
November 8,2021 Special Town Meeting#1(2021-1),cont.
Mr. Shiple asked whether the 173 Bedford renovations were brought up at the same
Town Meeting as approval for new Fire Station and if the purchase of 173 Bedford
happened at a prior Town Meeting.
Ms.Hai stated that in the Fall Town Meeting in October,the funds were voted for the
swing space subject to the subsequent debt exclusion vote in December and then in the
Spring Town Meeting,construction was voted.
Mr. Shiple stated that he just wanted to point out that this seemed to be a similar
situation.
8:24 p.m. Alessandro Alessandrini,Pct.4,asked whether the Police Department would move
into the swing space after renovation in the summer. Mr. Cronin stated that this is
what was expected.
Mr.Alessandrini followed up with the question of whether it would be a fully
functioning station. Mr. Cronin stated that it was the expectation.
Mr.Alessandrini asked what the cost estimate would be for the building. Mr.Cronin
stated that they had a cost estimate prior to last summer,but given the current
construction climate,they had a recent architectural estimate of higher than$30
million for the project. Mr.Alessandrini asked whether there was concern of voters
voting for additional funds after funding the swing space.
8:26 p.m. Mr.Lucente stated this was a political question and the voters would have to decide
and they wouldn't know until afterwards and further noted that the swing space was
not meant to be a modern police facility but a means to get from point A to point B.
Mr.Alessandrini asked if the debt-exclusion failed would the police move back to
their old building or stay in the renovated space.
Mr.Lucente noted that they wouldn't move into 173 Bedford Street until after the
debt-exclusion vote.
8:28 p.m. Rodney Cole,Pct.9,noted that he didn't feel that residents would want the Police
Department to be permanently in the swing space and stated that the delays of waiting
would most likely increase costs.
8:29 p.m. Jessie Steigerwald,Pct. 8,asked for the Capital Expenditures Committee and Town
Manager to weigh in on Mr.Cole's comments and whether the swing space was being
developed with enough function that if the staff had to stay longer,it would meet
program needs.
Mr.Lamb noted that Mr. Cole was on the Capital Expenditures Committee,and the
swing space would not be moved into until the debt exclusion was passed,so the time
would not be indefinite. He further noted that nothing in the design of the main police
station project that would change the design or construction of the swing space and
that waiting would just increase costs
8:31 p.m. Mr.Malloy stated that before any project like this was done,they did a space needs
analysis,which became the basis for the design of the new police station -and the
current police station did not meet those programming needs. He further stated that if
the debt-exclusion had to go out for a second time,the police would stay in their
current location until a debt exclusion passed,and even if renovations were done,they
wouldn't move until that. He noted that the renovations were$615,000 and they had
appropriated$1,862,000 for architectural fees and with the$255,000 additional,it
brought it to$2,117,000 that they were appropriating,not knowing whether the debt
exclusion would pass and this was important to keep in mind.
Ms. Steigerwald asked that a repetition of the definite need could be stated.
Mr.Malloy stated that the Space Needs Analysis Committee found that the building
that was currently occupied as a police station was about half the size that was actually
needed,and that it had been built approximately 90 years ago when the Department
was much smaller and most functions of a modern police were not able to fit under
November 8,2021 Special Town Meeting#1(2021-1),cont.
that Department,including evidence storage,but the new building would meet these
needs,as well as needs of the community.
Mr.Lamb noted that if nothing else the locker room situation doesn't facilitate the
current police force.
8:35 p.m. The Moderator closed debate and offered Ms.McKenna time to give a summation.
Ms.McKenna stated that this is a political question and if it was voted"no"then the
message was being sent that the police station was not supported,but by striking it,it
would be happy to go forward with design,but no comment on the swing space and
leaving it up to the ability of the overall Town to debate.
8:37 p.m. The Moderator opened the vote for the Amendment.
Following remote electronic vote tallying,the Moderator declared the:
Amend Article 5
Fails on a vote of:
Yes No Abstain
23 144 12
MOTION FAILS
8:41 p.m. The Moderator opened the floor for debate and questions on the original Main Motion,
but noted that when the vote came up,they would vote each section separately.
Members discussed and debated the Article.
8:43 p.m. Brian Heffernan,Pct. 1,asked what the costs for the holding cells for the swing space
would be,and how many were currently in the police station.
Interim Chief MacLean stated that there were currently 5 holding cells and in 173
Bedford they were proposing to do a fortified booking area,and for any stays over
four hours,they were hoping to have an MOU with the Middlesex County Sherriff's
Office or a neighboring department such as Bedford Police,which was common when
police departments did renovations.
Mr.Heffernan noted that on the design chart for the swing space it stated"booking
with secure interview room"and wondered if that meant"holding cells".
Interim Chief MacLean confirmed this and noted that there would also be an Officer
to witness during the entire time.
Mr.Heffernan followed up with a question of whether the costs of making the space
secure were being taken into account,and what that amount was estimated to be.
Mr. Cronin stated that he would need to research this question to get the required
information.
8:52 p.m. Robert Balaban,Pct. 5,called the question.
The Moderator opened the vote to cut off debate
Following remote electronic vote tallying,the Moderator declared the:
Motion to Close Debate
Carries on a vote of:
Yes No Abstain
131 31 15
MOTION CARRIES
The Moderator noted that Mr.Lucente would now have the floor for any comments on summation.
Mr.Lucente declined making further comments.
November 8,2021 Special Town Meeting#1(2021-1),cont.
The Moderator opened the vote for"Part A"
8:55 p.m. Dawn McKenna,Pct. 6,raised a Point of Order regarding the description of Part A
on the voting screen.
The Moderator stated that she was correct,but that the description was based on the
entire Article but Part A was only for architecture and design$255,000 for design and
engineering.
Following remote electronic vote tallying,the Moderator declared the:
Motion to Approve Article 5—Part A
Adopted on a vote of:
Yes No Abstain
176 0 3
MOTION CARRIES UNANIMOUSLY
The Moderator opened the vote for"Part B"
Following remote electronic vote tallying,the Moderator declared the:
Motion to Approve Article 5—Part B
Adopted on a vote of:
Yes No Abstain
145 20 13
MOTION CARRIES
9:01 P.M. The Moderator recognized Select Board Member Mark Sandeen,to make a statement
regarding Article 10,planned for the next evening.
Mr. Sandeen stated that the Select Board had voted unanimously to submit a new main
motion for Article 10. He then described how the motion had been changed. He
further noted that the new main motion should be placed on the website later in the
evening.
9:02 p.m. The Moderator stated that Article 9 would be taken up next,and that Select Board
Member Joe Pato would be recusing himself from the Article.
Mr.Pato noted that he lived within 500' of the proposed new historic district,and as
there was a proposed construction project that was associated with it,he would recuse
himself from all activity.
The Moderator noted that Deputy Moderator,Barry Orenstein,had also recused
himself from the Article and stated that he had not participated in any Moderating
duties related to Article 9 in advance of the Meeting,and would not be fulfilling any
Moderator duties during the Article.
9:03 p.m. The Moderator declared Special Town Meeting#1 open under Article 9.
ARTICLE 9 MT.INDEPENDENCE HISTORIC DISTRICT
To see if the Town will vote to:
a. establish a Mt. Independence Historic District to be administered by the Lexington Historic
Districts Commission pursuant to Massachusetts General Laws Chapter 40C,Sections 3 and 4;
and
b. add a new Chapter to the Town's Code of Bylaws to govern said Mt. Independence Historic
District and other future historic districts established pursuant to Massachusetts General Laws
Chapter 40C;or act in any other manner in relation thereto.
(Inserted by the Select Board at the Request of the Historic Districts Commission)
November 8,2021 Special Town Meeting#1(2021-1),cont.
DESCRIPTION: This article proposes to add a new historic district to the Town in the Mt.
Independence neighborhood. The District would be administered by the Lexington Historic District
Commission, but subject to G.L. c. 40C, the statewide historic districts legislation, rather than the
Special Act which governs other historic districts in the Town.
MOTION:
a. Mr. Canale moves that the Town establish a Mt. Independence Historic District to be
administered by the Lexington Historic Districts Commission pursuant to Massachusetts General
Laws Chapter 40C, Sections 3 and 4;and
b. That the Code of the Town of Lexington be amended by adding a new Chapter as follows,and
further that non-substantive changes to the numbering of this bylaw be permitted in order that it
be in compliance with the numbering format of the Code of the Town of Lexington:
Chapter XX
HISTORIC DISTRICT COMMISSION AND HISTORIC DISTRICTS BYLAW
SECTION 1 PURPOSE
This Bylaw is hereby enacted pursuant to MGL c. 40C to promote the educational,cultural,physical,
economic and general welfare of the public through the preservation and protection of the architectural
and other distinctive characteristics of buildings and places significant in the history of the Town of
Lexington or their architecture, and through the maintenance and improvement of settings for such
buildings and places and the encouragement of design compatible therewith.
SECTION 2 DEFINITIONS
As used in this Bylaw,the following words and phrases shall have the following meanings:
a. "Altering" means rebuilding, reconstructing, restoring, removing, demolishing, changing
exterior color,or any combination of the foregoing.
b.`Building"means a combination of materials forming a shelter for persons,animals or property.
c. "Commission"means the Lexington Historic Districts Commission as defined in Section 4.
d. "Constructing"means building,erecting,installing,enlarging,or moving.
e. "Exterior architectural feature"means such portion of the exterior of a building or structure as
is open to view from a public street,public way,public park or public body of water,including but
not limited to the architectural style and general arrangement and setting thereof,the kind, color
and texture of exterior building materials,the color of paint or other materials applied to exterior
surface and the type and style of windows, doors, lights, signs and other appurtenant exterior
fixtures.
f. "Historic District"means a historic district created under MGL c. 40C or this Bylaw,but shall
not,for the purposes of this Bylaw,include any Historic District created under the Special Act.
g "Special Act"means Chapter 447 of the Acts of 1956,as amended,as defined in Section 3(b).
h."Structure"means a combination of materials other than a building,including but not limited to
a sign,fence,wall,terrace,walk or drive-way,tennis court and swimming pool.
November 8,2021 Special Town Meeting#1(2021-1),cont.
SECTION 3 ESTABLISHMENT OF HISTORIC DISTRICTS
a.Mount Independence Historic District
There is hereby established an Historic District pursuant to MGL c. 40C entitled the "Mount
Independence Historic District," the boundaries of which are shown on the map entitled "Mount
Independence Historic District," a copy of which is on file with the Town Clerk's office, and which
also accompanies,and is hereby declared to be part of,this Bylaw.
b.Other Historic Districts
Additional Historic Districts within the Town may be established from time to time in accordance with
the procedures set forth in MGL c.40C;provided however,that nothing in this Bylaw shall impair the
validity of an historic district established under Chapter 447 of the Acts of 1956, as amended (the
"Special Act"). Historic districts established pursuant to the Special Act shall continue to be governed
in all respects by the Special Act and not this Bylaw and nothing herein shall be construed to in any
way limit or expand the Commission's powers under the Special Act with respect to historic districts
not subject to this Bylaw.
SECTION 4 HISTORIC DISTRICTS COMMISSION
a. Pursuant to MGL c.40C,§4,the Lexington Historic Districts Commission established pursuant
to the Special Act(the"Commission")shall serve as the Historic Districts Commission for the
purposes of this Bylaw.
b. The Commission shall have all the powers and duties of an Historic Preservation Commission
as described in MGL c.40C, § 10 with respect to a Historic District subject to this Bylaw.
c. The Commission may adopt rules and regulations for the conduct of its business, not
inconsistent with MGL c.40C,the Special Act,or with the purposes of this Bylaw.
SECTION 5 ADMINISTRATION OF HISTORIC DISTRICTS
a. No building or structure within an Historic District shall be constructed or altered in any way
that affects exterior architectural features, and no building shall be moved into an Historic
District, unless the Commission shall first have issued a certificate of appropriateness, a
certificate of hardship or a certificate of non-applicability with respect to such construction,
alteration or movement.
b. Any person who desires to obtain a certificate from the Commission shall file with the
Commission an application for a certificate of appropriateness, a certificate of non-
applicability,or a certificate of hardship,as the case may be,in such form as the Commission
may reasonably determine, together with such plans, elevations, specifications, material and
other information,including in the case of demolition or removal a statement of the proposed
condition and appearance of the property thereafter, as may be reasonably deemed necessary
by the Commission to enable it to make a determination on the application.
c. No building permit for construction of a building or structure or alteration of an exterior
architectural feature within an Historic District shall be issued until the certificate required by
this Bylaw has been issued by the Commission.
November 8,2021 Special Town Meeting#1(2021-1),cont.
SECTION 6 HEARINGS,TIME FOR MAKING DETERMINATIONS
a. The Commission shall determine promptly after the filing of an application for a certificate of
appropriateness as to exterior architectural features,whether the application involved any such
features.If the Commission determines that such application involves any exterior architectural
features,the Commission shall hold a public hearing on such application.The Commission also
shall hold a public hearing on all other applications required to be filed with it under this Bylaw,
except that the Commission may approve an application for a change in exterior color features
without holding a hearing if it determines that the color change proposed is appropriate.
b. The Commission shall fix a reasonable time for the hearing on any application and shall give
public notice thereof by publishing notice of the time,place, and purpose of the hearing in a
local newspaper and on the Town's website,at least fourteen(14)days before said hearing and
also,within seven(7)days of said hearing,mail a copy of said notice to the applicant,to the
owners of all property deemed by the Commission to be affected thereby as they appear on the
most recent local tax list,to the planning board,and to such other persons as the Commission
shall deem should be provided notice.
c. As soon as convenient after such public hearing but in any event within sixty (60)days after
the filing of the application,or within such further time as the applicant shall allow in writing,
the Commission shall make a determination on the application.If the Commission shall fail to
make a determination within said sixty (60)days, or within such further time allowed by the
applicant,the Commission shall be deemed to have approved the application.
SECTION 7 FACTORS TO BE CONSIDERED BY THE COMMISSION
a. In reviewing an application for a certificate under this Bylaw the Commission shall consider,
among other things:
i. the historic and architectural value and significance of the site,building,or structure,
ii. the general design,arrangement,texture,material,and color of the features involved,and
iii. the relation of such features to similar features of buildings and structures in the surrounding
area.
b. In the case of new construction or additions to existing buildings or structures,the Commission
shall also consider the appropriateness of the size and shape of the building or structure both in
relation to the land area upon which the building or structure is situated and to buildings and
structures in the vicinity.
c. The Commission may in appropriate cases impose dimensional and set-back requirements in
addition to those required by other applicable bylaws,including the Zoning Bylaw,Chapter 135
of the Code of the Town of Lexington.
d. When ruling on applications for certificates of appropriateness for solar energy systems, as
defined in MGL c. 40A, § 1(a), the Commission shall also consider the policy of the
Commonwealth of Massachusetts and of the Town of Lexington to encourage the use of solar
energy systems and to protect solar access.
e. The Commission shall not make any recommendation or impose any requirement except for
the purpose of preventing developments incongruous to the historic aspects or the architectural
characteristics of the surroundings and of the historic district.
November 8,2021 Special Town Meeting#1(2021-1),cont.
SECTION 8 EXEMPTIONS TO REVIEW
The authority of the Commission is limited to the exterior architectural features within the district.
Further, no certificate shall be required under this Bylaw for the construction or alteration of the
following:
a. Temporary signs or structures as defined by the Zoning Bylaw,Chapter 135 of the Code of the
Town of Lexington,provided,however,that the Commission may impose such conditions as
to duration of use, location, lighting, removal and similar matters as the Commission may
reasonably specify with respect to such signs and structures.
b. Real estate signs of not more than three square feet in area advertising the sale or rental of the
premises on which they are erected or displayed,provided,however,that the Commission may
impose such conditions as to duration of use,location,lighting,removal and similar matters as
the Commission may reasonably specify with respect to such signs and structures.
c. Occupational or other signs of not more than one square foot in area and not more than one
such sign,irrespective of size,bearing the name,occupation or address of the occupant of the
premises on which such sign is erected or displayed where such premises are located within a
residential district as defined in the Zoning Bylaw.
d. Non-commercial signs displaying political, religious, or other speech protected under the
United States or Massachusetts Constitution.
Upon request the Commission shall issue a certificate of non-applicability with respect to construction
or alteration in any category then not subject to review by the Commission in accordance with the
provisions of Sections 8(a)through 8(d).
SECTION 9 MAINTENANCE,REPAIR,REPLACEMENT,PLANTING
Nothing in this Bylaw shall be construed to prevent:
a. the ordinary maintenance,repair or replacement of any exterior architectural feature within an
historic district that does not involve a change in design, material, color or the outward
appearance thereof,
b. landscaping with plants,trees or shrubs,
c. the meeting of requirements certified by a duly authorized public officer to be necessary for
public safety because of an unsafe or dangerous condition,or
d. any construction or alteration under a permit duly issued prior to the effective date of this
Bylaw.
SECTION 10 ENFORCEMENT
a. The Building Commissioner of the Town of Lexington shall enforce this Bylaw and,upon a
determination by the Commission or the Select Board that a violation exists, may institute
proceedings in Superior Court pursuant to M.G.L. c.40C § 13,for injunctive or other relief or
the imposition of fines.
b. Violations of this Bylaw or any regulation hereunder shall be punishable by a fine of not less
than$10.00 nor more than$500.00 for each offense pursuant to M.G.L.c.40C§ 13.
November 8,2021 Special Town Meeting#1(2021-1),cont.
SECTION 11 SEVERABILITY
In case any section, paragraph or part of the Bylaw be for any reason declared invalid or
unconstitutional by any court of last resort,every other section,paragraph or part shall continue in full
force and effect.
SECTION 12 SCHEDULE OF FEES
A filing fee shall be included with all applications for certificates. Said fees shall be set, and may be
amended from time to time,by the Select Board.
9:04 p.m. Anne Eccles gave a Presentation regarding the proposed new Historic District
9:18 P.M. Doug Lucerne, Select Board Member,stated the Select Board had four members
awaiting the discussion at the Meeting before taking a position,with one Member
recused(Pato).
Marilyn Fenollosa,Historical Commission Chair,stated that the Historical
Commission unanimously supported the Article.
Marsha Baker,Member of the Board of Directors for the Lexington Historical Society
noted the Historical Society Board had voted to support the Article.
Gerry Paul,Member of the Tree Committee,noted the unanimous support of Article
by the Tree Committee.
The Moderator opened the floor for discussion and debate.
Town Meeting Members discussed subjects such as whether the properties were protected in other
means,boundary lines,land protection and pros and cons of the Article.
9:44 p.m. Robert Avallone,Pct. 8,asked whether,if the question failed,the present or future
owner could demolish the house.
Ms.Eccles stated that was correct,and a demolition filing was currently on for the
property.
Mr.Avallone asked whether the vote was a simple majority or a 2/3 vote.
Town Counsel Makarious noted that because it would require adoption of a bylaw
under Chapter 40 c,it would require a 2/3 majority.
The Moderator noted that she had gotten a message stating that she had left out a word
when describing Mr. Orenstein's recusal. She stated that he had recused himself from
Deputy Moderator duties,but he had every right as a Town Meeting Member,and not
an elected Moderator,to participate in debates as long as he recused himself as Deputy
Moderator. She clarified that he had not served as Deputy Moderator on this Article
preceding or during the meeting.
9:46 p.m. Barry Orenstein,Pct.2,asked the Meeting Members to consider the impact of a yes or
no vote would have moving forward.
Town Meeting Members continued to discuss the Article.
10:31 p.m. Steve Kaufman,Pct.5,moved the question.
Following remote electronic vote tallying,the Moderator declared the:
Motion to Cut Off Debate
Adopted on a vote of:
Yes No Abstain
115 51 11
MOTION CARRIES
November 8,2021 Special Town Meeting#1(2021-1),cont.
10:33 p.m. Ms.Eccles gave a final summation of the Article regarding the proposed Historic
District.
10:35 p.m. The Moderator opened voting on Article 9.
Following remote electronic vote tallying,the Moderator declared:
Article 9
Fails on a vote of:
Yes No Abstain
88 80 10
MOTION FAILS TO OBTAIN REQUIRED 2/3RD VOTE
10:39 p.m. The Moderator noted that the new Main Motion for Article 10 would be available on
the website and that the following evening,which would be the last for Town
Meeting,would address Articles 10 and 3. She also stated that there would not be a
Motion for Reconsideration on Article 15. She asked that Ms.Hai motion to continue
to the following evening.
Jill Hai,Select Board Chair,Motioned to Adjourn the Special Town Meeting#1 to
Thursday,November 18,2021,7:30 p.m.,such meeting to be held remotely. As there
were no objections,the Moderator declared the Motion adopted and the Meeting
adjourned.
November 18,2021 Adiourned Session of the 2021 Special Town Meetinu#1
Moderator Deborah Brown called the sixth session of 2021-1 Special Town Meeting to order at 7:32
p.m.on Thursday,November 18,2021. The meeting was held remotely due to the COVID-19
pandemic.
7:32 p.m. The Moderator called for attendance for the Members and noted that she would give
some procedural information and announcements while the portal was open. She
further reminded Members that there would not be any options for Reconsideration as
this was the final evening of the Meeting.
7:34 p.m. The Moderator noted that there would be a Memorial for Barry Sampson,Town
Meeting Member,who had passed away on May 25,2021.
Barry was a U.S.Air Force Veteran,a retired UPS driver,and was recently recognized
for 50 years of service as an elected Lexington Town Meeting Member.He enjoyed
gardening,camping in the White Mountains of NH,listening to his scanner,cheering
for his grandchildren at various events,and spending time with friends and family. As
a train enthusiast,Barry rode hundreds of miles of rails;helped lay narrow gauge track
in Bedford,MA;and before his passing,was recently working on a new n-scale model
train layout. At the time of his passing,he had been a Town Meeting Member for fifty
years. The Moderator noted that when she had exclaimed how remarkable this was to
his daughter,Jennifer,she responded with the statement that"this Town was his
world,his everything".
The Moderator noted that he had married his Lexington High School sweetheart,Carol
McCarthy(Sampson),and they had been married for 54 years,and that Carol was also
a Town Meeting Member.Early on,Barry had worked at the movie theater near
Michelson Shoes,and that had led to a life-long friendship with Dick Michelson,and
that Eric Michelson said that the Sampson home was the Christmas Eve stop for their
Jewish family.
Jennifer said that every Saturday they would accompany their dad to Lexington Center
for errands,while her dad would catch up with Mr.Michleson and whoever else might
be around. He would also take many walks around Mass.Ave.,checking up on"his"
town. Jennifer had noted that Barry had always checked his police scanner(which had
November 8,2021 Special Town Meeting#1(2021-1),cont.
earned him the nickname"Sparky"because he followed every fire department call).
In one case,chronicled in the Lexington Minuteman,Barry was the first to alert a
homeowner that his home was on fire.
The Moderator noted that when his health did not permit walks around Town,he had
asked his family to take him for rides,instead,and they slowly worked their way
through each neighborhood in Lexington.
The Moderator said that she had asked Jennifer to settle a mystery for her. In all the
years that she had known Barry and Carol in Town Meeting,they had never provided
an email address. At times,she had called or hand delivered items to their home due
to the lack of email,but they were both able to participate when Town Meeting was
switched to a virtual format. So,how was that possible?
Jennifer laughed and said"no computer,no email',but noted that Barry and Carol
both had an iPad,and they were able to participate after she walked them through it.
Mystery solved!
The Moderator offered deepest condolences to Carol and the extended family.
7:38 p.m. A Moment of Silence was observed for Mr. Sampson.
7:39 p.m. The Moderator noted that an attendance quorum had been reached.
The Moderator declared Special Town Meeting#1 open under Article 3.
ARTICLE 3:ESTABLISH,DISSOLVE AND APPROPRIATE TO AND FROM SPECIFIED
STABILIZATION FUNDS
To see if the Town will vote to create,amend,dissolve,rename and/or appropriate sums of money to
and from Stabilization Funds in accordance with Massachusetts General Laws, Section 5B of Chapter
40 for the purposes of: (a) Section 135 Zoning By-Law; (b) Traffic Mitigation; (c) Transportation
Demand Management/Public Transportation;(d)Special Education;(e)Center Improvement District;
(f)Debt Service;(g)Transportation Management Overlay District;(h)Capital;(i)Payment in Lieu of
Parking; 0) Visitors Center Capital Stabilization Fund; (k)Affordable Housing Capital Stabilization
Fund;(1)Water System Capital Stabilization Fund;and(m)Ambulance Stabilization Fund;determine
whether such sums shall be provided by the tax levy, by transfer from available funds, from fees,
charges or gifts or by any combination of these methods;or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED:Unknown at press time
DESCRIPTION: This is an annual article to establish, dissolve, and/or fund Stabilization Funds for
specific purposes and to appropriate funds therefrom. Money in those funds may be invested and the
interest may then become a part of the particular fund. These funds may later be appropriated for the
specific designated purpose by a two-thirds vote of an Annual or Special Town Meeting,for any lawful
purpose.
MOTION:
a) Mr.Lucente moves that$200,000 be appropriated to the Transportation Demand
Management/Public Transportation Stabilization Fund,and that to meet this
appropriation$200,000 be raised in the tax levy;and
b) That$570,300 be appropriated to the Capital Stabilization Fund,and that to meet this
appropriation$570,300 be raised in the tax levy.
Mr.Lucente,Select Board Member,gave a brief explanation of both sections,and stated the
unanimous support of the Select Board for Article 3.
November 8,2021 Special Town Meeting#1(2021-1),cont.
7:42 p.m. Alan Levine,Appropriations Committee Chair,noted the unanimous recommendation
of approval of the Article.
7:43 p.m. Charles Lamb Capital Expenditures Committee noted the unanimous recommendation
of approval of the Article
As there were no Meeting Members waiting for debate or discussion,the Moderator
opened voting on Article 3
Following remote electronic vote tallying,the Moderator declared:
Article 3
Unanimously Adopted on a vote of:
Yes No Abstain
159 0 2
MOTION CARRIES UNANIMOUSLY
7:45 p.m. The Moderator declared Special Town Meeting#1 open under Article 10.
ARTICLE 10:REDUCING NOISE FROM LANDSCAPE MAINTENANCE EQUIPMENT
(See Note to File beiom,)
MOTION:
Mr.Sandeen moves that Chapter 80 of the Code of the Town of Lexington,Noise Control,be amended
as follows, and further that non-substantive changes to the numbering of this bylaw be permitted in
order that it be in compliance with the numbering format of the Code of the Town of Lexington:
1. Add the following definitions to§ 80-3:
COMMERCIAL LANDSCAPER
A person or entity that receives compensation to utilize landscape maintenance
equipment on another's property.
LANDSCAPE MAINTENANCE EQUIPMENT
Gas-or electric-powered lawn mowers,hedge trimmers,weed whackers,leaf blowers,
and other equipment used in landscaping or lawn care.
2. Replace§ 80-4.H with the following:
1. The outdoor use of Landscape Maintenance Equipment by commercial landscapers
shall be limited to the following days and hours:
i. Monday—Friday: 7:00 AM to 6:00 PM
ii. Saturdays:9:00 AM to 5:00 PM
2. The outdoor use of Landscape Maintenance Equipment by persons other than
commercial landscapers shall be limited to the following days and hours:
iii. Monday—Friday: 7:00 AM to 8:00 PM
iv. Saturdays, Sundays,and Legal Holidays:9:00 AM to 5:00 PM
November 8,2021 Special Town Meeting#1(2021-1),cont.
3. The outdoor use of Landscape Maintenance Equipment by the Town or Town
contractors on Town property shall be limited to the following hours:
i. Monday—Friday: 7:00 AM to 8:00 PM
ii. Saturdays:9:00 AM to 5:00 PM
4. Landscape construction work shall be governed by §80-4.A,rather than this § 80-
4.1.
5. Effective May 31,2022,the following additional rules shall apply to the use of all
gas-powered leaf blowers in the Town of Lexington:
i. The use of gas-powered leaf blowers is restricted to the periods of March 15
to May 31 and September 15 to December 30.
ii. The use of gas-powered leaf blowers by the Town or Town contractors on
Town Property shall be limited to the following dates and hours:
i. March 15—May 31: 7:00 AM to 7:00 PM
ii. September 15—December 30: 7:00 AM to 5:00 PM
3. Amend§ 80-7.B to read as follows where s4iaek�hfetigh text is to be removed and underlined
text is to be added:
Any person who violates any provision of this by-law,or who is the owner of property on which
such violation occurs,shall be fined an amount not to exceed$50 per first violation,
$100 for the second violation, and $200 for the third and each subsequent violation.
Fines issued hereunder shall be issued in accordance with Chapter 1, § 1-6 of the General By-
Laws. The imposition of a penalty for any violation shall not excuse the violation or permit it
to continue. Each day that such violation continues shall be considered a separate offense.
Mr. Sandeen stated that the purpose of this article is to amend Chapter 80 of the Code of the Town of
Lexington,Noise Control,to protect residents from noise pollution by regulating the hours in which
landscape maintenance equipment may be used,establish seasonal limits on the use of gas-powered
leaf blowers.
This article is intended to provide relief to the many residents who expressed their concerns about
disruptive noise and pollution from gas-powered leaf blowers.
This article was originally brought to the 2021 Annual Town Meeting,but the Select Board requested
that the Noise Advisory Committee conduct further outreach to the commercial landscaper
community. On November 17,2021,the Noise Advisory Committee proposed a simple amendment
to Article 10,in order clarify the application of the proposed bylaw to the Town Department of
Public Works. The reason for the updated motion was to remove a portion in order to give better
clarification.
7:47 p.m. Daniel Koretz,Chair of the Noise Advisory Committee then presented information
about the proposed Article.
7:55 p.m. Mr. Sandeen said that the Select Board had 3 members who support the article and 2
that are not in support of the Article.
Archana Dayalu, Sustainable Lexington Member,stated that the Committee had
strong support of the original Article 10,but that that they had not voted on the
updated motion,they could not speak to the updated version.
7:59 p.m. Before opening up the floor for discussion and debate,the Moderator noted that prior
to the meeting they had received approximately 60 public comments submitted on the
November 8,2021 Special Town Meeting#1(2021-1),cont.
website to address the Article,requesting that they be read. Of those comments,there
were 14 comments in opposition,and 46 in support of the Article,but most had been
submitted before the change to the Main Motion. The Moderator noted that she had
decided that while some of the comments might not be germane to the current Motion,
they could provide a useful context,and they would be read by staff intermittently
during the discussion,allowing for a representative sample both for and against the
Article. She further noted that staff would not have to input all names in line,but that
staff would read one comment each time she called on the public line,with the name
being announced at that time.
8:00 P.M. The Moderator then opened the floor for discussion and debate.
Edward Dolan,Pct.3,asked why the banning of gas powered mowers was removed
from the Motion,with further details. He further asked regarding why it was
"impractical to enforce the Code",despite noise levels over the Code limits and
whether it was possible for the Town to implement enforcement of the Code in a
practical way,either now,or in the future.
Mr.Koretz stated that there was a great deal of confusion regarding whether the
Article would ban all equipment,including using personal lawn mowers. He said that
the it seemed that people may have had a hard time interpreting the noise levels that
were in the original Motion. The Noise Committee had responded by removing these
limits on November 4ffi,but this didn't seem to end the confusion. In addition,there
was a need to make an amendment as there was a simple misunderstanding between
himself and Mr.Pinsoneault. Mr.Koretz noted that he had been advised by two
members of the Select Board that the level of confusion would put the entire Motion
would be in jeopardy,and given the suggestion to take out the phase out,in order to
possibly bring it back at a future date. Although the Noise Committee did not have
time to meet,they had given him discretion to address it,so he followed the advice to
remove the phase out for the time being.
James Malloy,Town Manager,noted that the reason enforcement had been considered
impractical in the past is that it would have required Town staff to have specific
equipment and training that they currently did not have,and that when call comes in,
and staff finally arrives,the situation may already be over,making it impractical to
enforce.
8:06 p.m. The Meeting Members continued to discuss possible enforcement measures and what
would be required to do so.
8:10 P.M. Robert Rotberg,Pct.3,felt persuaded by the Presentation and Sustainable Lexington
that the original Motion should be reinstated. Mr.Rotberg moved that the Motion be
Amended by Substitution to the original Motion.
ARTICLE 10:REDUCING NOISE FROM LANDSCAPE MAINTENANCE EQUIPMENT
MOTION:
That Chapter 80 of the Code of the Town of Lexington,Noise Control,be amended as follows, and
further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in
compliance with the numbering format of the Code of the Town of Lexington:
Add the following definitions to § 80-3:
COMMERCIAL LANDSCAPER
A person or entity that receives compensation to utilize landscape maintenance
equipment on another's property.
LANDSCAPE MAINTENANCE EQUIPMENT
Gas-or electric-powered lawn mowers,hedge trimmers,weed whackers,leaf blowers,
and other equipment used in landscaping or lawn care.
November 8,2021 Special Town Meeting#1(2021-1),cont.
Replace§ 80-4.H with the following:
The outdoor use of Landscape Maintenance Equipment by commercial
landscapers shall be limited to the following days and hours:
v. Monday—Friday: 7:00 AM to 6:00 PM
vi. Saturdays:9:00 AM to 5:00 PM
The outdoor use of Landscape Maintenance Equipment by persons other than
commercial landscapers shall be limited to the following days and hours:
i. Monday—Friday: 7:00 AM to 8:00 PM
ii. Saturdays, Sundays,and Legal Holidays:9:00 AM to 5:00 PM
6. The outdoor use of Landscape Maintenance Equipment by the Town or Town
contractors on Town property shall be limited to the following hours:
iii. Monday—Friday: 7:00 AM to 8:00 PM
iv. Saturdays:9:00 AM to 5:00 PM
7. Landscape construction work shall be governed by §80-4.A,rather than this§ 80-
4.H.
Effective May 31,2022,:the use of gas-powered leaf blowers is restricted to the periods of March 15
to May 31 and September 15 to December 30.
iii.
8. Effective March 15,2025,the use of all gas-powered leaf blowers by commercial
landscapers in the Town of Lexington shall be prohibited.
9. Effective March 15,2026,the use of all gas-powered leaf blowers by residents on
their own property in the Town of Lexington shall be prohibited.
10.The use of wheeled leaf blowers powered by four-stroke engines on properties
larger than one acre is not subject to the prohibitions in paragraphs 6 and 7.
4. Amend§ 80-7.B to read as follows where s4iaek�hfetigh text is to be removed and underlined
text is to be added:
Any person who violates any provision of this by-law,or who is the owner of property on which
such violation occurs,shall be fined an amount not to exceed$50 per first violation,
$100 for the second violation, and $200 for the third and each subsequent violation.
Fines issued hereunder shall be issued in accordance with Chapter 1, § 1-6 of the General By-
Laws. The imposition of a penalty for any violation shall not excuse the violation or permit it
to continue. Each day that such violation continues shall be considered a separate offense.
8:13 p.m. Mark Sandeen, Select Board Member,noted that the Select Board had not considered
this possibility,so they would need some time to do so.
Jill Hai,Select Board Chair,stated that they could meet very quickly to do so.
The Moderator called a brief recess.
November 8,2021 Special Town Meeting#1(2021-1),cont.
8:13 p.m. The Meeting was recessed
8:16 p.m. The Moderator called the Meeting back to Order.
Mr. Sandeen stated that the Select Board had voted 4 against adopting the amended
Motion and 1 awaiting discussion.
Mr.Koretz stated that as he had discretion from the Committee to respond to things
that came up in Town Meeting,he could certainly support going back to the original
Motion.
Archana Dayalu stated that Sustainable Lexington had given resounding support to the
original Motion.
8:17 p.m. The Meeting Members began to discuss the proposed amended Motion.
8:23 p.m. Jessie Steigerwald,Pct. 8,asked whether a friendly amendment to the text could help.
The Moderator asked Mr.Koretz to give the exact text of the proposed friendly
amendment. While Mr.Koretz forwarded the information,the Moderator allowed
comments from the public microphones.
8:26 p.m. The Moderator asked if the text was now available from Mr.Koretz. He emailed the
text to staff for inclusion on screen.
8:27 p.m. Anthony Galaitsis,Pct.5,raised a Point of Order that he had noted in the TMMA
email list,that he had not planned to issue an amendment,but with Mr.Rotberg
submitting one,the issue of equity was being raised. He asked whether,if the
amendment passed,would be he be permitted to move consideration of the
amendment he had submitted last Friday.
8:28 p.m. The Moderator noted that he could amend again,once the amendment was completed.
8:29 p.m. The proposed text of the Amendment was read by Mr.Koretz.
The use of wheeled leaf blowers powered by four-stroke engines on properties
larger than one acre is not subject to the prohibitions in paragraphs 5 and 6.
8:30 p.m. The Moderator asked whether Mr.Rotberg would consider this a friendly
Amendment.
Mr.Rotberg stated that he would with the caveat that that he would hope that in some
future date that these would be banned.
8:31 p.m. The Moderator asked if anyone had any objections to including the amended text in
Mr.Rotberg's amendment.
As there were no objections from Town Meeting Members,the new Amended Motion
would now read:
ARTICLE 10:REDUCING NOISE FROM LANDSCAPE MAINTENANCE EQUIPMENT
To see if the Town will vote to amend Chapter 80 of the Code of the Town of Lexington,Noise Control,
to regulate noise generated by the use of motorized landscape maintenance equipment; or act in any
other manner in relation thereto.
(Inserted by the Select Board at the request of the Noise Advisory Committee)
DESCRIPTION: This article proposes revisions to the Noise Bylaw to better protect residents from
noise pollution caused by motorized landscape maintenance equipment.
MOTION:
That Chapter 80 of the Code of the Town of Lexington,Noise Control, be amended as follows, and
further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in
compliance with the numbering format of the Code of the Town of Lexington:
November 8,2021 Special Town Meeting#1(2021-1),cont.
Add the following definitions to§ 80-3:
COMMERCIAL LANDSCAPER
A person or entity that receives compensation to utilize landscape maintenance
equipment on another's property.
LANDSCAPE MAINTENANCE EQUIPMENT
Gas-or electric-powered lawn mowers,hedge trimmers,weed whackers,leaf blowers,
and other equipment used in landscaping or lawn care.
Replace§ 80-4.H with the following:
The outdoor use of Landscape Maintenance Equipment by commercial
landscapers shall be limited to the following days and hours:
vii. Monday—Friday: 7:00 AM to 6:00 PM
viii. Saturdays:9:00 AM to 5:00 PM
The outdoor use of Landscape Maintenance Equipment by persons other than
commercial landscapers shall be limited to the following days and hours:
iii. Monday—Friday: 7:00 AM to 8:00 PM
iv. Saturdays, Sundays,and Legal Holidays:9:00 AM to 5:00 PM
11.The outdoor use of Landscape Maintenance Equipment by the Town or Town
contractors on Town property shall be limited to the following hours:
v. Monday—Friday: 7:00 AM to 8:00 PM
vi. Saturdays:9:00 AM to 5:00 PM
12.Landscape construction work shall be governed by §80-4.A,rather than this§ 80-
4...
Effective May 31,2022,:the use of gas-powered leaf blowers is restricted to the periods of March 15
to May 31 and September 15 to December 30.
iv.
13.Effective March 15,2025,the use of all gas-powered leaf blowers by commercial
landscapers in the Town of Lexington shall be prohibited.
14.Effective March 15,2026,the use of all gas-powered leaf blowers by residents on
their own property in the Town of Lexington shall be prohibited.
The use of wheeled leaf blowers powered by four-stroke engines on properties
larger than one acre is not subject to the prohibitions in paragraphs 5 and 6.
8:33 p.m. The Meeting Members discussed the Amendment.
8:39 p.m. David Kanter,Pct. 7,called the question.
The Moderator noted that there were only 4 minutes left in the original 30,and asked
Mr.Kanter if he would be willing to amend the question to ask whether debate should
be extended for 15 minutes. Mr.Kanter agreed.
November 8,2021 Special Town Meeting#1(2021-1),cont.
Nyles Barnert,Pct.4,raised a Point of Order that the question is only on the
Amendment,not the main Motion. The Moderator confirmed this.
Following remote electronic vote tallying,the Moderator declared:
Motion to Extend Debate
Adopted on a vote of:
Yes No Abstain
86 70 13
MOTION CARRIES
8:43 p.m. The Moderator stated that in the interest of time,she would like to dispense with the
viewing of votes. As there was no objection,the Moderator stated that she would
restart the clock with the additional 15 minutes.
8:44 p.m. The Meeting Members discussed the Article,along with members of the public.
8:46 p.m. Steve Kaufman,Pct. 5,moved to amend the expiration year dates to"2027"on the
replacement motion so that:
Effective March 15,2027,the use of all gas powered leaf blowers by commercial
landscapers in the Town of Lexington shall be prohibited.
Effective March 15, 2027, the use of all gas-powered leaf blowers by residents
on their own property in the Town of Lexington shall be prohibited.
Mr.Kaufman stated that while he agreed with the banning,many constituents had concerns about the
increased costs of landscaping should the ban go into effect earlier and the addition of time allow
landscapers the time they needed to procure and budget for new equipment.
The Moderator asked for the recommendations of the Select Board.
8:50 p.m. Mark Sandeen, Select Board Member,noted that the Select Board would need some
time to do confer.
The Moderator called a brief recess.
8:51 p.m. The Moderator noted that while they were in recess,she would still recognized Steven
Heinrich,Pct.3,for a Point of Order.
Mr.Heinrich stated that his Point of Order was that he was confused about the
multiple amendments while one was being discussed.
The Moderator stated that while this wasn't seen very often,it was allowed via
parliamentary rules to amend an amendment on the floor.
Mr.Heinrich asked whether it was a friendly amendment and would happen if it was
unacceptable to Mr.Rotberg.
The Moderator noted that it was not being offered as a friendly amendment,and they
would be hearing from the Select Board,and others. She further explained that the
amendment was to change the date in two places,and if approved,it would change
Mr.Rotberg's amendment,and they had 30 minutes to discuss it. The Moderator
explained that it was legal and appropriate for the process.
8:57 p.m. The Moderator asked that while they were in recess,Mr.Kaufman's amendment be
shown on-screen and explained the current amendments on the floor.
9:02 p.m. The Moderator called the Meeting back to Order.
Mr. Sandeen stated that the Select Board had voted 5/0 in favor of Mr.Kaufman's
amendment but were still opposed to the substitute motion 4/1 against adopting the
amended Motion and 1 awaiting discussion,even if the amendment passed.
November 8,2021 Special Town Meeting#1(2021-1),cont.
Mr.Koretz,Noise Committee Member,stated that the view of the Committee was that
they didn't believe the amendment necessary,but they would rather have a phase out
with longer terms than no phase out.
Archana Dayalu stated that she could not speak to the amendment,but would restate
that Sustainable Lexington had supported the original Motion.
Mr.Rotberg stated that he felt that the extension of time was unnecessary,and that
2025 was enough time to make plans to shift over to electric blowers,and if not,they
had several years to make a further change.
9:05 p.m. The Moderator opened the floor for discussion and debate on the Amendment.
Meeting Members discussed the pros and cons of the Amendment.
9:12 p.m. Andrei Radulescu Banu,Pct. 8,asked whether the DPW was subject to the
Amendment.
Mr.Koretz said they were,but with exceptions
Mr.Radulescu Bann asked that the motion with Mr.Kaufman's amendment by placed
on screen.
The Moderator asked staff to do so.
Mr.Koretz noted that Anthony Galaitsis had proposed a friendly amendment to add
language in between the paragraphs specifically for the DPW,he noted that the most
recent Motion did have the language,but adding it here would require its acceptance.
The Moderator explained that there had been language offered up by Mr.Galaitis in a
prior version,and if there was interest in doing that,to wait until Mr.Kaufman's
amendment was addressed,and then go back and decide whether further amendments
were desired.
9:14 p.m. Counsel Makarious stated that he would like to clarify that the applicability to the
Town would only matter for those provisions that specifically call out residents or
landscapers,which are the prohibitions in Mr.Rotberg's substitute Motion. He noted
that the hour limitations were already addressed by other Noise bylaws not being
amended at the Meeting,but the portions that state that the equipment can not be used
during"x"hours would apply to the Town,equally.
The Moderator stated that Town Meeting would have to decide,if at some point,that
they wanted to amend this to clarify the applicability of the ban.
9:15 p.m. Meeting Members continued their discussion and debate.
9:20 p.m. Pam Hoffman,Pct. 7,asked two questions regarding process and substance. She
inquired whether the vote would be on Mr.Kaufman's Amendment. And if passed,
then incorporated into Mr.Rotberg's Amendment,which would then be voted,as
well. The Moderator stated that Mr.Kaufman was proposing an amendment to Mr.
Kaufman's Amendment,and if passed,then Mr.Rotberg's Amendment would have
the new dates incorporated,and they would return to the 13 minutes left in that debate.
Ms.Hoffman further asked whether the original Motion,as originally proposed in the
evening,had proposed a 9AM start time,and asked if this was correct. The Moderator
confirmed that.
Ms.Hoffman asked whether Mr.Rotberg's amendment had the start time at 7AM
every day.The Moderator stated that Mr.Rotberg's amendment didn't make any
changes to that portion.
The Moderator stated that the in the Motion,presented by the Select Board,the
language stated Monday through Friday,7AM, Saturdays at 9AM and stated that Mr.
Rotberg's amendment wouldn't change any of that,just adding back in the eventual
ban on gas powered leaf blowers.
Ms.Hoffman noted that she hadn't seen any details regarding time.
The Moderator stated that she also noted one other change(section 2.3)between the
Select Board's Motion and the one proposed by Mr.Rotberg.
Mr.Koretz stated that he would like propose a procedural suggestion,if Mr.Rotberg's
amendment was to add back provisions for the eventual phase out,they add it to the
most recent version provided by the Select Board as there were other minor changes
that should not be lost.
November 8,2021 Special Town Meeting#1(2021-1),cont.
9:25 p.m. The Moderator said that she would declare an"open recess"so that they could have a
discussion regarding the changes. She stated that Ms.Hoffman could remain in line,
should she have further questions.
The Moderator addressed the Select Board and noted that everything tracked until they
got to Section 2.3. Counsel Makarious stated that he believed that was correct,but
wanted to review what Mr.Rotberg had proposed.
The Moderator asked Mr.Rotberg if he had been following the conversation.
Mark Sandeen requested that the text be put on screen. The Moderator noted that she
was reviewing two different documents,and wasn't sure if they would be able to show
both. She said that she was looking at the original Motion,and section 2,part 3
(outdoor use of landscape maintenance by the Town or Town contractors...)
Mr.Rotberg stated that she believed Ms.Hoffman was correct and that with the
Moderator's help,the new part should be merged with the old. The Moderator agreed.
She stated that they would make his Amendment(addition of the ban)and that
Counsel would assist with numbering,and the addition of the friendly amendment by
Ms. Stiegerwald. Mr.Rotberg agreed and pointed out that Part 4 had hours for the
Town. The Moderator said that it was Part 3.
9:28 p.m. Kelly Axtell,Assistant Town Manager,noted that the Motion could be placed on
screen.
9:29 p.m. The Moderator stated that they were looking at what the Select Board had offered as
their new Main Motion,with the Mr.Rotberg's ban added back in(now sections 6 and
7)and also the friendly amendment was the use of wheeled leaf blowers. She further
noted that in 6 and 7 the years be changed to 2027.
Ms.Hoffman stated that she was concerned with the times that stated 7-7 seemed to
conflict with a 9AM time on Saturdays.
Counsel Makarious asked for a few moments to review the times.He stated that as it
was presented,that Ms.Hoffman was correct in relation to how it affected the Town,
and that his understanding from the Select Board that the intention was to have the
prior language applied.
He further stated that 5b only applied to the Town or Town contractors,but that this
seemed inconsistent with#3,which also spoke to those. He asked for the Select Board
to give clarification regarding the hours.
Ms.Hai said that there were not trying to make them match as they were not including
the subsequent sections,so it did not include 6 and 7 and they were also guided by
input from the DPW Director,Mr.Pinsoneault,and that perhaps,they should follow-
up with him.
Mr.Pinsoneault noted that the crews were typically 7:00-3:30 or 7:00-5:00 and that is
why they were looking at 7:00,even on a Saturday.
The Moderator noted to the Select Board that if they had been working to honor that,
then what was shown in 3,part ii,was inconsistent with the portion of the Motion in
5b.
Ms.Hai stated that she had no response to this.
Counsel Makarious stated that there was a distinction between the two and there was a
way to read them together. Number 3 is all landscape equipment,while number 5
applied only to gas powered leaf blowers,but with that said,might have been an error
due to the number of changes.
Mark Sandeen, Select Board Member,asked if Mr.Pinsoneault could confirm that Mr.
Makarious had come to the correct conclusions. Mr.Makarious also stated that if Mr.
Pinsoneault was agreeable,to strike the hours in 5b,if possible,so the dates would
still be there,but the hours would be what was reflected in 3.
Mr.Pinsoneault stated that the 9AM would be a problem because crews started at
7AM,especially when events were scheduled.
9:38 p.m. Ms.Hai requested that the Select Board would need to meet. The Moderator called a
recess to allow the Select Board to discuss the situation.
Jerold Michaelson,Pct.5,raised a Point of Order that while he appreciated what was
trying to be accomplished he noted that Mr.Rotberg had brought back the original
Motion,and he questioned why it was being changed to something that wasn't
originally his intent. He further noted that the Select Board had done due diligence in
bringing up a different Motion.
November 8,2021 Special Town Meeting#1(2021-1),cont.
The Moderator noted that the issue they were trying to resolve was in the Select Board
motion—and that was the problem.
Mr.Michaelson asked whether Mr.Rotberg's motion would be changed.
The Moderator noted that Mr.Rotberg's version has some other changes that weren't
a problem.
Mr.Michaelson stated that perhaps this described why it shouldn't move forward,and
did not feel that it shouldn't be done on the fly.
9:40 p.m. Scott Burson,Pct.9,raise a Point of Order,asked whether a motion to table the
Warrant Article would be in order.
The Moderator noted that she would sort out,with Counsel,what the appropriate
motion would be.
Mr.Burson stated that what they were doing was potentially dangerous,and while he
trusted the good intentions of everyone involved,they were dealing with text.
The Moderator noted the point and stated that she would have to work out what a
possible motion would be and asked for a moment to do so.
9:42 p.m. Alessandro Allesandrini,Pct.4,raised a Point of Order and stated that he was going
to state what Mr.Burson had already said and thought that all the interested parties
should come together,get their ideas together,and come back in the Spring.
Katherine Reynolds,Pct. 1,raised a Point of Order to ask about the time restrictions
in the 5b section and felt that it was a flag and that while she deferred to the Moderator
in process,the changes sounded substantive and did not fall into the scope of doing a
composite motion.
The Moderator asked Ms.Reynolds to clarify her comments.
Ms.Reynolds stated that she was hearing language from Counsel and other parties
what was an intent ahead of time and changing language to match a different section,
and she did not feel it was appropriate to make modifications to 5b if that was stated
and brought forward in its original form.
9:44 p.m. The Moderator stated that whatever they chose to do,there seemed to be an
inconsistency in what the Select Board brought forward and noted that they hadn't
decided what order they might make a change,if they made one,but they needed to
understand how to resolve it.
Ms.Reynolds stated that this was her Point of Order—whether it was appropriate to
resolve these inconsistencies and wondered if it could be considered a resolution that
could not be resolved in this format.
The Moderator thanked Ms.Reynolds for her comments.
9:45 p.m. Leonard Morse-Fortier,Pct.7,asked if while they were waiting,they could call on
Mr.Galaitsis to speak about sound and acoustics. The Moderator stated that they
would not be doing that at this time.
Marilyn Fenollosa raised a Point of Order,to ask whether the references to paragraphs
5 and 6 and renumbered 8 were still the right references.
The Moderator stated that 6 and 7 would be added to what the Select Board had
offered,and"8"was the addition from Ms. Stiegerwald. She noted that the text should
read 6 and 7 and asked that the numbers be updated on screen.
9:48 p.m. Dawn McKenna,Pct. 6,raised a Point of Order to state that her understanding was
that the Select Board was working to resolve the issue,but in a normal meeting,
anyone could attend the meeting to hear the discussion and deliberation,and wondered
if there was a way to listen to the meeting.
November 8,2021 Special Town Meeting#1(2021-1),cont.
9:49 p.m. Counsel Makarious noted that conversations during Town Meeting were not subject to
the Open Meeting Law. He further noted that he had been in the conversation and he
was ready to report back on what the Select Board would like to do.
The Moderator noted that before she announced the details,and before she ended
recess,she would like to speak to him via phone.
9:53 p.m. The Moderator called the Meeting back to order.
Mr.Makarious stated that the Select Board noted that before they had recessed,the
distinctions between Sections 3 and 5b had simply to do with hours limitations and
therefore the Select Board had voted 510 in favor of deleting the hours,only,in 5b
(leaving the dates)which effectively meant that there were still restrictions on when
gas powered leaf blowers could be used. Then Section 3 would remain unchanged.
The combined effect of that would be that at any time of the year,the Town could use
landscape maintenance equipment of any kind,Monday—Friday 7AM to 8 PM and
Saturdays,9AM to 5PM,with the understanding that although DPW shifts start at
7AM,the Select Board held the view that the Town and Town contractors should be
on equal footing,if it passed,with commercial and residential landscapers,who would
also be limited to these hours. The portion in Section 5 would then limit the particular
use of gas-powered leaf blowers,further,to specific times of the year. He noted that
this should any discrepancies between 3 and 5b and the Select Board would ask to
correct the issue,simply by removing the hours.
The Moderator stated that she was open to either changing it now,or finishing the
other Motions on the floor,but preferred to continue with Mr.Kaufman's amendment.
9:55 p.m. The Moderator reminded the Meeting Members that Mr.Kaufman's amendment in 6
and 7 would change the year to 2027 in both instances. She also asked the Select
Board to confirm that Ms. Stiegerwald's friendly amendment was to exclude leaf
blowers powered by four-stroke engines from the bans in 6 and 7.
Mr. Sandeen confirmed this. Therefore,the final Motion to be voted would be:
That Chapter 80 of the Code of the Town of Lexington,Noise Control, be amended as follows, and
further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in
compliance with the numbering format of the Code of the Town of Lexington:
1. Add the following definitions to§ 80-3:
COMMERCIAL LANDSCAPER
A person or entity that receives compensation to utilize landscape maintenance
equipment on another's property.
LANDSCAPE MAINTENANCE EQUIPMENT
Gas-or electric-powered lawn mowers,hedge trimmers,weed whackers,leaf blowers,
and other equipment used in landscaping or lawn care.
2. Replace§ 80-4.H with the following:
1. The outdoor use of Landscape Maintenance Equipment by commercial
landscapers shall be limited to the following days and hours:
November 8,2021 Special Town Meeting#1(2021-1),cont.
i. Monday—Friday: 7:00 AM to 6:00 PM
ii. Saturdays:9:00 AM to 5:00 PM
2. The outdoor use of Landscape Maintenance Equipment by persons other than
commercial landscapers shall be limited to the following days and hours:
i. Monday—Friday: 7:00 AM to 8:00 PM
ii. Saturdays, Sundays,and Legal Holidays:9:00 AM to 5:00 PM
3. The outdoor use of Landscape Maintenance Equipment by the Town or Town
contractors on Town property shall be limited to the following hours:
i. Monday—Friday: 7:00 AM to 8:00 PM
ii. Saturdays:9:00 AM to 5:00 PM
4. Landscape construction work shall be governed by §80-4.A,rather than this§ 80-
4.H.
Effective May 31,2022,:the use of gas-powered leaf blowers is restricted to the periods of March 15
to May 31 and September 15 to December 30.
i.
5. Effective March 15,2025,the use of all gas-powered leaf blowers by commercial
landscapers in the Town of Lexington shall be prohibited.
6. Effective March 15,2026,the use of all gas-powered leaf blowers by residents on
their own property in the Town of Lexington shall be prohibited.
7. The use of wheeled leaf blowers powered by four-stroke engines on properties
larger than one acre is not subject to the prohibitions in paragraphs 6 and 7.
3. Amend§ 80-7.13 to read as follows where s4iaek�hfetigh text is to be removed and underlined
text is to be added:
Any person who violates any provision of this by-law,or who is the owner of property on which
such violation occurs,shall be fined an amount not to exceed$50 per first violation,
$100 for the second violation, and $200 for the third and each subsequent violation.
Fines issued hereunder shall be issued in accordance with Chapter 1, § 1-6 of the General By-
Laws. The imposition of a penalty for any violation shall not excuse the violation or permit it
to continue. Each day that such violation continues shall be considered a separate offense.
9:57 p.m. Pam Hoffman,Pct. 7,stated that she supported the Kaufman,Steigerwald,and
Rotberg amendments.
Meeting Members continued discussing the proposed Kaufman amendment.
10:02 p.m. The Moderator noted that time for discussion was up and she would now open the
voting on the Amendment as long as there were no objections. As there were none,
voting commenced.
Andrea Fribush,Pct. 6,asked for clarification that they were only voting on the
Kaufman amendment,and what would happen afterwards.
The Moderator stated that they still had 13 minutes of debate on Mr.Rotberg's
amendment.
November 8,2021 Special Town Meeting#1(2021-1),cont.
Following remote electronic vote tallying,the Moderator declared:
Motion to Amend to Extend Deadline to 2027(Kaufman)
Fails on a vote of:
Yes No Abstain
50 114 8
MOTION FAILS
10:07 p.m. The Moderator noted that they were now back to debating the Rotberg amendment,
which had the prior dates of 2025 and 2026.
10:08 P.M. Mark Sandeen, Select Board Member asked for the current state of the Motion to be
shown on screen.
10:09 P.M. Ricki Pappo,Pct.2,raised a Point of Order that she still saw the times on screen.
The Moderator noted that they still had not addressed that portion—that they would
deal with the Rotberg amendment and then move forward.
Dawn McKenna,Pct. 6,asked whether she offered a motion to indefinitely postpone
(IP)would that affect only the amendment.
The Moderator stated it would just affect the amendment and recommended moving
forward with it.
Robert Avallone,Pct. 8,asked why the Select Board had removed the ban.
Mr. Sandeen noted that had spent a considerable amount of time working on a
statement,and without another recess they wouldn't have more to say than what was
already communicated.
10:10 P.M. Scott Burson,Pct.9,moved the question.
The Moderator opened voting to cut off debate.
Following remote electronic vote tallying,the Moderator declared:
Motion to End Debate
Carries on a vote of:
Yes No Abstain
131 24 14
MOTION CARRIES
10:14 p.m. Mr.Rotberg made summary comments in favor of adoption the Motion.
The Moderator opened voting on the Rotberg Amendment with Steigerwald friendly amendment.
Following remote electronic vote tallying,the Moderator declared:
Motion to Amend—Rotberg(Steigerwald)
Carries on a vote of:
Yes No Abstain
134 30 7
MOTION CARRIES
10:19 P.M. The Moderator noted that the Rotberg amendment was now the Main Motion and
asked for the Motion to be put on screen and stated that 6,7,and 8 were added. She
further noted that the issue regarding hours,raised by Counsel Makarious,still had to
be addressed.
The Moderator noted that this was in 5b,in the text of applicable times.
November 8,2021 Special Town Meeting#1(2021-1),cont.
Mark Sandeen, Select Board Member,moved that the Motion be amended by
removing the strikethrough text:
c. The use of gas-powered leaf blowers by the Town or Town contractors on Town Property shall
be limited to the following dates Rfld44r-a-s._
i. March 15—May 31-=d-� D- -M-
ii. September 15—December 30d ➢4�-4 M ua -➢19 la?
10:21 p.m.The Moderator asked whether any Town Meeting Members objected to the change.
Bridger McGaw,Pct. 6,noted that while he did not have an objection,the word
"landscaper"was incorrectly spelled in number 3,but upon review it had been fixed.
The Moderator stated that as there were no objections,this would be considered a
friendly amendment to the Motion.
10:22 p.m. John Bartenstein noted that a and b seemed to say the same thing and wondered if"b"
should be struck. The Moderator noted that"b"was specifically regarding the Town or
Town contractors. Counsel Makarious noted that this was correct. The Moderator asked
if"b"could be struck. Counsel Makarious noted that this would require some syntax
changes in 5 and 5 a,as below:
May g, 2022
44he use of gas-powered leaf blowers is restricted to the periods of March 15 to May 31
and September 15 to December 30.
iii-__-`���-�ta��arry-�r�ii__�_:�__ -N �°��n�r�r�ra� - ➢�__1_d➢dD-,�-M d�=r-ti0-��-M
Note to file: 1,he /dCCrsrneY General's Office was tamable Cis process 1,he %lriwle tiraCd Ione 10, 0222
Recanr e the b,v-law arriendinerads adopted nrider article :10 will not take elPa,d nra8a°l all art. the
rarelralntrr enl s of G 1,.c 419,§.3,.`.1 have been sertisfieh,It is incorWa tent with s ate law(arr.C'ara,ti n 80-41-1()
to provide that its provisions take effect on "I4aY 31,2022,"For this reason, we disapprove and delete
the taaxtin taold arnal randei-line ailaaawa,("1s,'fli.ctlirar' Fail✓ '.l,:r11"1:r 2,"). 1"lrar era8:r el�arsd:ath ell rc wel/a�(I�ra,dr° a�r
harlot ysrez June.14,202 1"lrar a(flra,dr°°war hes�ar elsaowar vsrea s�:rraa,ls�lrrcoraallr erg:8:1red dr°rrrat.
Jill Hai,Select Board Chair,stated that there had been some thought that the Town
was covering itself,so if they wished to make the change,the Select Board would
need to discuss it as it was an intentional call out.
10:25 p.m. Nyles Barnert,Pct. 1,raised the Point of Order to ask the status of an amendment by
Mr.Galaitsis. The Moderator stated that it had not been offered.
Alessandro Alessandrini,Pct.4,stated that it seemed to be getting messier and
wondered if it was possible to IP the Article until the Spring Town Meeting,allowing
everyone to put a final motion together that would be understood by everyone.
The Moderator stated that it could,but that as he was in the Point of Order line,and
amendments could not be brought forward from that line,she would call on Dawn
McKenna.
November 8,2021 Special Town Meeting#1(2021-1),cont.
10:26 p.m. Dawn McKenna,Pct. 6,moved to make a substitute Motion to Indefinitely Postpone
the Article. She noted that the changes had been very confusing and there was some
conflicting information.
10:29 p.m. Jill Hai,Select Board Chair,stated that the Select Board needed a few moments to
confer,and asked for more time. The Moderator stated that she would move forward
with other recommendations.
Dan Koretz noted that he could only answer that the complexities had been ironed out.
Archana Dayalu,Sustainable Lexington Member,said that she didn't know to what
extent she could comment without knowing what Sustainable Lexington would want
her to say.
Mark Manasas,Pct.2,asked whether there were any gas powered blowers that they
were aware of that didn't exceed the noise statutes.
Mr.Koretz stated that without doing the math,he was unsure,although there were
some that were quieter at full throttle,and noted that it would depend on the ambient
noise level.
Mr.Manasas asked whether this bylaw would circumvent the noise level
requirements.
Counsel Makarious stated that generally applicable noise levels would still apply and
any federal or state regs about noise levels permitted would supersede what the Town
put in and these would be additional time and hour requirements.
Mr.Manasas asked whether it was accurate to say that we were working to find an
easier way to enforce a noise statute that hadn't currently been enforceable.
Mr.Koretz stated that in part,it was.
10:34 p.m. Anthony Galaitsis,Pct.5,asked if the motion failed which line should he stand on to
make an amendment at a later time.
The Moderator stated that any except the Point of Order line.
10:35 p.m. Mark Sandeen, Select Board stated the Select Board had 3 members recommending IP
of the Article,with 2 abstaining
10:36 p.m. David Kanter,Pct. 7,called the question.
The Moderator opened voting to end debate
Following remote electronic vote tallying,the Moderator declared:
Motion to Close Debate
Carries on a vote of:
Yes No Abstain
137 15 10
MOTION CARRIES
10:38 p.m. The Moderator opened voting on the Amendment to IP the Article. She noted that a
yes vote would close the Article and then the IP would be the main motion. A no vote
would bring the main motion before them back.
10:39 p.m. Deborah Strod,Pct.6,raised a Point of Order regarding any consequences of IP'ing
the Article and whether it could be brought back.
The Moderator noted that as it was not a Zoning Article,there were no restrictions
with bringing it back.
Following remote electronic vote tallying,the Moderator declared:
Motion to Amend—Indefinitely Postpone
Fails on a vote of:
November 8,2021 Special Town Meeting#1(2021-1),cont.
Yes No Abstain
71 97 4
MOTION FAILS
10:42 p.m. The Moderator noted that they were now back at the motion before the request to IP
and they would need to check in with the Select Board regarding any further changes
to Section 5.
Jill Hai,Select Board Chair,stated that they did not yet have an answer to the
question.
10:44 p.m. Laura Atlee,Pct.4,raised a Point of Order that in one portion the text stated effective
May of 2022,but in the following provisions it stated March.
Counsel Makarious stated that it applied to future years,but the first year(2022)
would allow an exception and although in effect,would exempt the first Spring.
10:46 p.m. Katherine Reynolds,Pct. 1,raised a Point of Order,stating that the edit had removed
the word"additional"and caused ambiguity,and should be added back in.
10:47 p.m. Counsel Makarious stated that the word"additional"was surplus and he didn't feel
that it was needed as the text was clear and it should be kept as it was.
Mark Sandeen, Select Board Member,stated that the Select Board agreed to the
change by a vote of 5/0 in favor and that there was a capital"T"that should be put as
lower case in the sentence.
10:48 p.m. Mr.Rotberg raised a Point of Order as he thought the word"Town"should be part of
the clause being edited.
The Moderator explained that it was applicable to everyone.
Counsel Makarious pointed out that any numbering discrepancies could be taken care
of by the Clerk's Office.
10:50 p.m. The Moderator asked whether there were any objections to the changes.
As there were none,the Moderator opened the floor for discussion and debate on the
main motion.
10:53 p.m. Thomas Grifflhs,Pct.4,called the question.
The Moderator opened voting to end debate
10:54 p.m. Anthony Galaitsis,Pct.4,raised a Point of Order that although he had put his name
in line,he had never been given a chance to make an amendment.
Following remote electronic vote tallying,the Moderator declared:
Motion to Close Debate
Carries on a vote of:
Yes No Abstain
136 18 10
MOTION CARRIES
10:58 p.m. The Moderator noted that the final Motion included the edits by the Select Board and
asked for summation from the Select Board.
Mark Sandeen, Select Board Member,noted that they had proposed the Article on
behalf of the Noise Committee,and asked that time be offered to them for any
comments
Mr.Koretz gave a few comments of summation on the Motion including feasibility
and costs.
The Moderator opened voting on the Amendment. She further clarified that a simple majority was
required as it was not a Zoning Article.
Following remote electronic vote tallying,the Moderator declared:
Motion to Approve Article 10,as Amended
Carries on a vote of:
November 8,2021 Special Town Meeting#1(2021-1),cont.
Yes No Abstain
135 24 10
Delanot Bastien,Pct.3,asked that his vote(abstain)be added after the electronic vote was taken.
The Moderator asked that the vote be updated as follows:
Yes No Abstain
135 24 11
The Moderator thanked the Town Meeting Members for their participation and noted that all business
had been completed.
11:01 P.M. Jill Hai, Select Board Chair moved to dissolve Special Town Meeting 2021-1.Motion
Adopted.
A true copy.
Attest
M(
y de Alderete,Town Clerk
November 8,2021 Special Town Meeting#1(2021-1),cont.
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fofY m Ve"I "O's
9 ves res te" f Wh yim 'f#S
Rokon Creech 1'A!, Ab"Win "fes MntN�r 'ffm Atmwin 'Yee
771 rutw,777 4T19.-YP^, -Ne"'s ve", NO: ve�
Harry Pomdk lv. 200 Ye'.a 'fe, ..................................
Z11)I No y 0 L� en rel veni ym
PhWe sismirfDf, Cr 2 y P, y0% Ve" yal, Ye�
'�ft's
Stacpy"amiftors N.,l Abmhrj 'f' Ahtarn y em AbstAn
Pam moffmav 104 ,e�errs Yea. Na NO No
11 milk Ronwr 267 YO VeI, ye, Y fm I'm y vs
VWm Kfqer 2015 Pai 1I'e;,, P40 )leye",
kavistr Kumar vx
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k aW N1ar1q"'w"P'w'cuW ZOO Abstain yp, I(.' N I-,,
T insf PhoUnde 209 veYes Tea "Pei AJM,:,iin Yevs
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' ol 311 Vol, Yet yea Yea
t6obeIrt f1jspnj "2107 ves, "v",-..
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t'p'—F)Psh 9"essr" 11 111 skils"Itah Von, NO No `Ye" 1en
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Yes
Robert Avalbv* e 4 No fm Yes, N f"'
la",I IV Bell left"Ine 2,^L'!4 &5, Ve�' ;e"' y e
1'Awlw'plmcW 116 y 0'�" eIl' Y'el'
,fAf,a!PeO)cha)rsi9ra :717 Yos yes yf"j'
I V E5 Yes
N1,purpt rvlds'l� 211%
Yea. es yei ym'
Dawd Hosl.xm 1"a ve" VOW No y 01 N's Ve s
UP,jerawn 272 Ainwin Vo� ys"s (m RNP yv%
yos
Ma,ft Lftiffe,, M Pks 01 s No y YOA
eviefle me'sw"Iff ;2-.N4 No mvp� yc'. Mn tam le, ye:;
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sa�u pwff�O U),
Oah J(3 Pan A 24 vU5 'Q's Yes, "0 as ves Yes
Nes,
NO 'Y @v fen, �'K ye-'% Yes
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Me)vrfdo V40"V,r 2 7,9
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Tere,,,i IN6 M MWer„..
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We"
AIR*AdW N weu adL"
81riatt 234 Abstain Yam 60111 N NO Yes
1610716k Dh'*" 215 y N ye"
ko"rok"In 2 S f 110 Nic., V'ff, Ye% yel
y if yo's
k!"At Nvrusn 3a9 Ves IN,s' Yv, rv� Ql "PI
leaqlne ConMe M fs,!s NO y F"5Y&' 'Yea
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39 Atv,taln Ye'; `Yv� Vm Yes Yes,
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242 Abvtaln yt� V� y e
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247
DFI�D Pfifir I �L,4&
Issnwn orry I,m, sm Yeyft ye% Wei ea.
Loch,Rhodes 249 've, If @; Yes, fes, 'Yes Ye"'
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