HomeMy WebLinkAbout2020-10-14-STM-2-Warrant TOWN OF LEXINGTON WARRANT
SPECIAL TOWN MEETING 2020-2
Commonwealth of Massachusetts Middlesex, ss.
To either of the Constables or Town Clerk of the Town of Lexington, in said County, Greetings:
In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of the Town of
Lexington qualified to vote in elections and in Town affairs to meet by means of the audio/video conferencing
platform described more particularly below on October 14, 2020 at 7:30pm, at which time and place the following
articles are to be acted upon and determined exclusively by the Town Meeting Members in accordance with Chapter
215 of the Acts of 1929, as amended, and subject to the referendum provided for by Section eight of said Chapter, as
amended.
Pursuant to Chapter 92 of the Acts of 2020,the Town Meeting shall be held remotely by the means requested by the
Moderator as follows:
Town Meeting members will attend and vote by logging into: (1)the Zoom videoconferencing platform, (2)the
online VVoter module provided by our electronic voting vendor, Option Technologies or comparable online voting
tool developed by Select Board member Joe Pato, and(3) an online queuing function developed by Select Board
member Joe Pato to facilitate the process of debate. Other Town residents who wish to follow the proceedings may
do so via LexMedia at https://www.youtube.com/user/LexMediaMATV. Residents who wish to participate in the
Meeting may contact the Town Clerk's Office at clerk@lexinglonma.gov and complete the online form at
www.LexingtonMA.gov/Fa112020STM.
For more information,please see the Moderator's August 20, 2020 letter to the Select Board attached to this warrant
as Special Town Meeting 2020-2 Appendix A.
ARTICLE 1 REPORTS OF TOWN BOARDS, OFFICERS
AND COMMITTEES
To receive the reports of any Board or Town Officer or of any Committee of the Town; or act in any other manner in
relation thereto.
(Inserted by the Select Board)
DESCRIPTION: This article remains open throughout Town Meeting and reports may be presented at any Town
Meeting session by boards,officers, or committees.
ARTICLE 2 SHORT TERM RENTAL IMPACT FEE
To see if the Town will vote to accept Massachusetts General Laws Chapter 64G, Sections 3A & 3D, Local Option
Community Impact Fee of up to 3% on short term rental properties; or act in any other manner in relation thereto.
(Inserted by the Select Board)
DESCRIPTION: The article authorizes the Town to adopt a"community impact fee"of up to 3%on"professionally
managed"rental units. These units are defined as accommodations where an operator runs more than one short-term
rental in the same municipality with at least one of those units not located in a single-,two-, or three-family dwelling
that includes the operator's primary residence.
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ARTICLE 3 AMEND GENERAL BYLAWS-
NOISE CONTROL (Citizen Petition)
To see if the Town will vote to amend Chapter 80 of the Code of the Town of Lexington, Noise Control, to reduce
the impact of construction noise, by requiring a noise mitigation plan for construction impacting residentially zoned
areas as a condition for obtaining a building permit.
This article would require and enforce a noise mitigation plan as follows:
1. A noise mitigation plan will be required for construction projects which entail rock removal via heavy
machinery and/or blasting, including ledge removal,rock pounding,rock crushing,rock drilling or rock cutting;
2. Such a plan will only be required for large projects where these activities are expected to be of extended
duration;
3. Noise mitigation plans must include effective sound barriers surrounding the perimeter of the construction
site;
or act in any other manner in relation thereto.
(Inserted by the Select Board on behalf of Varda Haimo and 9 or more registered voters)
DESCRIPTION: This article proposes revisions to the Noise Bylaw to better protect residents from noise pollution
due to residential and other construction projects.
ARTICLE 4 DECLARE CLIMATE EMERGENCY
(Citizen Petition)
To see if the Town will adopt a resolution endorsing the declaration of a climate emergency and requesting regional
collaboration for an immediate transition from fossil fuels to clean, renewable energy and further to demonstrate our
commitment to making Lexington a more sustainable and resilient town.
(Inserted by the Select Board on behalf of Lily Manhua Yan and 9 or more registered voters)
DESCRIPTION: This article seeks Town Meeting approval to adopt a resolution endorsing the declaration of a
climate emergency and calls for regional collaboration to reverse global warming and to move towards a more
sustainable economy.
ARTICLE 5 AMEND GENERAL BYLAWS-RUNNING
BAMBOO CONTROL (Citizen Petition)
To see if the Town will vote to amend the General Bylaw of the Town of Lexington by adding a chapter to control
the planting and presence of Running Bamboo plants-any monopodial (running) tropical or semi-tropical bamboo
grasses or bamboo species, or act in any other manner in relation thereto.
(Inserted by the Select Board on behalf of Michael Reamer and 9 or more registered voters)
DESCRIPTION: This purpose and intent of this bylaw is to preserve and protect private and Town owned property
and Town owned rights of way from the spread of Running Bamboo and to protect indigenous biodiversity threatened
by Running Bamboo. All Running Bamboo owners shall be required to confine Running Bamboo in a manner that
will prevent the Running Bamboo from encroachment onto any other private or Town owned right of way. The
proposed bylaw specifies requirements, enforcement and penalties.
ARTICLE 6 AUTHORIZE SPECIAL LEGISLATION DEVELOPMENT
SURCHARGE FOR COMMUNITY HOUSING(Citizen Petition)
To see if the Town will vote to establish a surcharge on specific residential development activities for the purpose of
funding affordable and community housing construction, renovation, associated land acquisition or easements; and
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further to authorize the Select Board to petition the Massachusetts General Court to enact legislation to enable this
surcharge in the Town of Lexington, and further to authorize the Select Board to approve amendments to said act
before its enactment by the General Court that are within the scope of the general objectives of the petition, or act in
any other manner in relation thereto.
(Inserted by the Select Board on behalf of Matt Daggett and 9 or more registered voters)
DESCRIPTION: The purpose of this article is to address the loss of moderate-income housing by developing a
targeted and measured surcharge on specific residential development activities that will fund the creation of
community housing that will address identified housing gaps, such as housing attainable by Lexington municipal
employees.
ARTICLE 7 RESOLUTION FOR ESTABLISHMENT OF A
MONUMENT(Citizen Petition)
To see if the Town will vote to adopt a resolution requesting the Select Board to erect a new monument in a highly
visible and public outdoor location to honor the contributions women have made to improve Lexington;that the Select
Board take this request into account when preparing the next year's budget; and that the Select Board help facilitate
this effort through coordination of or delegation to the relevant committees so that a recommendation will come to
Town Meeting in Spring 2021, with some visible progress made by August 26, 2021, or act in any other manner in
relation thereto.
(Inserted by Jessie Steigerwald, Betty Gau and 100 or more registered voters)
DESCRIPTION: This article seeks Town Meeting approval to request the Select Board to erect a new and
intersectional monument in celebration of the 100th anniversary of the 19th amendment to the United States
Constitution.This monument would celebrate and pay tribute to the many contributions that women have made across
time to Lexington's place in history and to our community.
ARTICLE 8 SYSTEMIC RACISM RESOLUTION
(Citizen Petition)
To see if the Town will vote to pass a non-binding resolution to consider racial and other equity impacts in all its
decisions and planning processes, in order to work toward dismantling systemic racism and white privilege,with the
goal of making Lexington a truly equitable and just community; or act in any other manner in relation thereto.
(Inserted by Deborah Strod and 100 or more registered voters)
DESCRIPTION: This article seeks Town Meeting approval to adopt a resolution that seeks to make Lexington a more
diverse,inclusive, equitable, and anti-racist community by actively considering racial and other equity impacts in all
current and future decisions and planning processes with the goal to end systemic racism.
ARTICLE 9 AMEND ZONING BYLAW-DISTANCE FROM BASEMENT,
SLAB OR CRAWL SPACE AND GROUNDWATER
To see if the Town will vote to amend the Zoning Bylaw to regulate the distance between groundwater elevations and
building basements, crawl space floors, or slab elevations; or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This zoning amendment is in response to residents'requests to address the impacts on their property
of displaced groundwater from abutting new construction being built in the water table. This will also help prevent
new illegal connections to the Town system from new construction in the water table.
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ARTICLE 10 AMEND ZONING BYLAW-SHORT TERM RENTALS
To see if the Town will vote to amend the Zoning Bylaw to regulate short term rentals; 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 amend the Zoning Bylaw to regulate short term rentals.
ARTICLE 11 AMEND ZONING BYLAW-SITE PLAN REVIEW
To see if the Town will vote to amend the Zoning Bylaw of the Town of Lexington to amend applicability of,
exceptions to, and notice requirements for site plan review; 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 adjust the existing exceptions to site plan review to require review when parking
areas are significantly expanded, limit it for small changes to large buildings, and modernize notice requirements.
ARTICLE 12 AMEND ZONING BYLAW-FINANCIAL SERVICES
To see if the Town will vote to amend the Zoning Bylaw of the Town of Lexington regarding the regulation of
financial, drive-up, and auto-oriented services; 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 adapt a variety of financial services regulations to be consistent with current
industry practice and regulate drive-up and auto-oriented service uses consistently.
ARTICLE 13 AMEND ZONING BYLAW-SOLAR ENERGY SYSTEMS
To see if the Town will vote to amend the Zoning Bylaw to reduce restrictions on 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 exempting these systems
from certain existing setback,height, site coverage, and roof coverage standards, and permitting them in all districts.
ARTICLE 14 AMEND ZONING BYLAW-WIRELESS
COMMUNICATION FACILITIES
To see if the Town will vote to amend the Zoning Bylaw to conform to changes in federal law and regulations
regarding wireless communication facilities, including streamlining permitting processes and standards, adding
design guidelines; 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 reflect changes in federal law and regulations
regarding wireless communication facilities. Proposed changes include streamlining permitting of wireless facilities
on private property to meet federal `shot clock' deadlines by not requiring special permits and expanding acceptable
justifications for adding new facilities.
ARTICLE 15 AMEND ZONING BYLAW-TECHNICAL CORRECTIONS
To see if the Town will vote amend the Zoning Bylaw to correct internal references,remove unreferenced definitions,
and reformat sections of the Bylaw to help clarify the intent of the Bylaw; or act in any other manner in relation
thereto.
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(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: These changes are clerical in nature and are not intended to change interpretation of the Zoning
bylaw in any substantive way.
ARTICLE 16 AMEND ZONING BYLAW AND MAP-HARTWELL
AVENUE AREA(Citizen Petition)
To see if the Town will vote to amend the Zoning Bylaw and Zoning Map to alter and supplement dimensional and
other standards for the CM district to permit additional development; rezone lots not used for residential purposes
near Hartwell Avenue and southwest of Bedford Street into the CM or GC districts; or act in any other manner in
relation thereto.
(Inserted by the Select Board on behalf of Charles Hornig and 9 or more registered voters)
DESCRIPTION: The changes proposed under this article would allow additional desirable commercial development
along Hartwell Avenue and Bedford Street.
ARTICLE 17 AMEND THE ZONING BYLAW AND MAP-BEDFORD
STREET NEAR HARTWELL AVENUE (Citizen Petition)
To see if the Town will vote to amend the Zoning Map to rezone lots not used for residential purposes northeast of
Bedford Street near Hartwell Avenue into the CM and TMO-1 districts, or act in any other manner in relation thereto.
(Inserted by the Select Board on behalf of Charles Hornig and 9 or more registered voters)
DESCRIPTION: This article would expand the CM (manufacturing) and TMO-1 (transportation management
overlay) districts by moving the 4475 (Boston Sports Club)Bedford Street property into the existing CM and TMO-
1 districts to allow additional commercial development.
ARTICLE 18 AMEND ZONING BYLAW-FRONT YARD,TRANSITION,AND
SCREENING AREAS (Citizen Petition)
To see if the Town will vote to amend the Zoning Bylaw to regulate front yard, transition, and screening areas along
streets consistently within each district, or act in any other manner in relation thereto.
(Inserted by the Select Board on behalf of Charles Hornig and 9 or more registered voters)
DESCRIPTION: The changes proposed under this article would allow consistent streetscapes within a zoning district
by requiring consistent front yard, transition, and screening areas along a street independent of the zoning district of
lots across the street.
And you are directed to serve this warrant fourteen days at least before the time of said meeting as provided in the
Bylaws of the Town. Hereof fail not, and make due return on this warrant,with your doings thereon,to the Town
Clerk, on or before the time of said meeting.
Given under our hands at Lexington this 14th day of September 2020.
Douglas M. Lucente, Chair Select Board
Joseph N. Pato
Suzanne E. Barry of
Jill L Hai
Mark D. Sandeen Lexington
A true copy,Attest:
Constable of Lexington
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v
Town of Lexington
' MODERATOR
DEBORAH BROWN
APPAL 1911
SPECIAL TOWN MEETING 2020-2
Appendix A
August 20, 2020
Delivered to Select Board via email
Dear Select Board Members,
In view of the ongoing COVID-19 pandemic and the ongoing federal, state and local advisories to practice social
distancing and avoid the congregation of crowds, I request approval to conduct Lexington's upcoming Fall Special
Town Meeting, scheduled to commence October 14, 2020, through remote participation. I propose to use a
combination of. (1)the Zoom videoconferencing platform, (2)the online VVoter module provided by our electronic
voting vendor,Option Technologies OR comparable online voting tool developed by Select Board member Joe Pato,
and(3) an online queuing function developed by Select Board member Joe Pato to facilitate the process of debate.
I certify that,with the assistance of Select Board Chair Doug Lucente,Select Board member Joe Pato,Town Meeting
Members' Association Chair Ben Moroze, and members of Town staff, I have tested all components of the system
described above and am satisfied that this system will enable our meetings to be conducted in substantially the same
manner as if they had occurred in person at a physical location. I certify that the system (i) allows the moderator,
town meeting members, town officials and any other interested members of the public to identify and hear the
moderator and each town meeting member who attends and participates in the remote meeting, as well as any other
individuals who participate in the meeting; (ii) provides the ability to determine whether a quorum is present; (iii)
allows participants to request recognition by the moderator and makes such requests visible to the meeting
participants and the public; (iv) allows the moderator to determine when a town meeting member wishes to be
recognized to speak, make a motion, or raise a point of order or personal privilege; (v) enables the moderator to
recognize a town meeting member, town official or other individual and enable that person to speak; (vi) provides
the ability to conduct a roll call or electronically recorded vote; (vii) allows any interested members of the public to
access the meeting remotely through LexMedia for purposes of witnessing the deliberations and actions taken at the
town meeting; (viii) allows members of the public to participate in debate through the submission of statements for
or against a motion; and(ix)provides for the town meeting to be recorded and available for future viewing. I further
confirm that I have consulted with Lexington's Commission on Disability regarding system accessibility.
Sincerely,
Deborah Brown
Town Moderator
1625 MASSACHUSETTS AVENUE•LEXINGTON, MASSACHUSETTS 02420
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