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2023-09-18 SB Packet - Released
SELECT BOARD MEETING Monday, September 18, 2023 Select Board Meeting Room, 1625 Massachusetts Avenue, Lexington, MA 02420 - Hybrid Participation* 6:30 PM AGENDA PUBLIC COMMENTS Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is limited to 2 minutes for comment. Members of the Board will neither comment nor respond, other than to ask questions of clarification. Speakers are encouraged to notify the Select Board's Office at 781-698- 4 5 8 0 if they wish to speak during public comment to assist the Chair in managing meeting times. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Announcements and Liaison Reports TOWN MANAGER REPORT 1. Town Manager Weekly Update CONSENT AGENDA 1. Applications: One-Day Liquor Licenses - Spectacle Management, Inc., 1605 Massachusetts Avenue • Peter Yarrow& Noel Paul S to o key • Macy Gray • The Sixties Show • Lyle Lovett and John Hiatt Together on Stage • Jus to n McKinney • Tom Rush Club • Jim Brickman-A Christmas Joyful • Michael Feinstein Get Happy Trio • Vienna Boys Cho it • Postmodern Jukebox- LIFE IN THE PAST LANE • Natalie MacMaster& Donnell Leahy • Ruben& Clay: Twenty Years/One Night 2. Application: One-Day Liquor License - T.P. Bronx LLC d/b/a Galaray House, 1720 Massachusetts Avenue, Unit 2 . Ribbon Cutting Ceremony/Grand Opening 3. Application: One-Day Liquor License - Lexington Community Farm, 52 Lowell S treet . Harvest Festival 4. Application: L is ens e for Public Entertainment on Sunday- Lexington Community Farm, 52 Lowell Street . Harvest Festival 5. Approve Select Board Committee Reappointments • Battle Road Scenic Byway Committee - Sheila Page • Communications Advisory Committee - Dorinda Goodman • Design Advisory Committee: • James Ian Adamson • Christopher Johns • Timothy Lee • Steven Vincent • Economic Development Advisory Committee -Adrienne Ortyl • Greenways Corridor Committee: • Alexandra D o han • Margaret Enders • Eileen Entin • Housing Partnership Board: • Melanie Thompson • Betsey Weiss • Lexington Bicycle Advisory Committee: • James Cadenhead • Ramprasad Reddy • Lexington Center Committee: • Katherine Huang • Innes s a Manning • Lexington Council for the Arts - David Hoose • Lexington Human Rights Committee - Monami Roy • Lexington Scholarship and Educational Fund Committee: • Julie Hackett • David Williams • Monuments and Memorials Committee: • Avram Baskin • William Glen Bassett • Charles F renc h • George Gamota • Tourism Committee: • Margaret Copp e • Bebe F allick • Town Report Committee: • Gloria Amirault • Susan Myero w • Varshagouri Ramanathan • Victoria Sax • Karyn Zhao • Tree Committee: • Gerald Paul • Barbara Tarrh • Trustees of Public Trusts - Susan McClements • Vision for Lexington Committee: • Andrew D ixo n • Daniel Joyner • Carol Marine • Weidong Wang • Water and S ewer Abatement Board - James O s ten • Zoning Board of Appeals -Norman Cohen • Zoning Board of Appeals Associates: • Scott Cooper • Patricia Nelson • Kathryn Roy • David Williams 6. Approve Town Celebrations Committee Requests • Application: Battle Green Permit- Veterans Day Parade Unit Staging • Bedford Street and Massachusetts Avenue Road Closures Request- Veterans Day Car P arad e 7. Approve and Sign Water and Sewer Finals ITEMS FOR INDIVIDUAL CONSIDERATION 1. Approve and Sign Proclamation- Recognition of Dr. Burt Perlmutter 6:40pm 2. Public Hearing: Review Amendments to the Stormwater Management Regulations* 6:45pm *the Planning Board has also posted an agenda with the Town Clerk for this item and may attend and participate in this discussion 3. Application: Common Victualler License - T.P. Bronx LLC d/b/a Galaray House, 7:05pm 1720 Massachusetts Avenue, Unit 2 4. Requests for Select Board Support From the Lexington Affordable Housing Trust 7:10pm Board of Trustees • P refunding with CPA Funds • Pursuing the Development Potential for Lowell and North Streets Parcel 68- 44 5. Special Town Meeting 2023-1 7:30pm • Call for Special Town Meeting 2023-1 • Review Draft Warrant • Discuss Select Board Report 6. Review Draft Select Board Report for Fiscal Year 2023 Annual Report 7:40p m ADJOURN 1. Anticipated Adjournment 7:50pm Meeting Packet:https://Lexington.novusagenda.com/agendapubRc/ *Members of the public can attend the meeting from their computer or tablet by clicking on the following link at the time of the meeting: https://zoom.us/j/92482764382?pwd=SFFvYWo3MmVkODF 1aG5ETmNsRDVoZz09 iP ho ne one-tap: +13092053325„92482764382#,,,,*380743# US +13126266799„92482764382#,,,,*380743# US (Chicago) Telephone: +1 309 205 3325 US +1 312 626 6799 US (Chicago) +1 646 9313860 US +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) Meeting ID: 924 8276 4382 Passcode: 380743 An Act Relative to Extending Certain State of Emergency Ac c omo dations:https://www.mass.gov/the-open-meeting-law The next regularly scheduled work session of the Select Board will be held on Wednesday, September 20, 2023 at 6:3 0p m via hybrid participation. The next regularly scheduled meeting of the Select Board will be held on Monday, October 2, 2023 at 6:30pm via hybrid participation. Hearing Assistance Devices Available on Request All agenda time and the order of items are approximate and Ley6edil"a subject to change. Recorded by LexMedia AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Select Board Member Announcements and Liaison Reports PRESENTER:TER• ITEM S NUMBER: Select Board Members LR.1 SUMMARY: Please see the attached Select Board Member Announcements and Liaison Reports for the September 18, 2023 meeting. Under this item, Select Board Members can also comment on any additional points, reports and concerns. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 9/18/2023 ATTACHMENTS: Description Type Select Board Concerns and Liaison Reports—September 18, 2023 Suzie Barry: Semiquincentennial Commission-Lex250: • Lex250 met on 9/13/23 and reviewed possible merchandise items to be sold at the Visitors Center. The Town Manager at the recommendation of Town Counsel has developed a policy regarding the use of the 250t" logo, seals and trademarks (attached). It includes direction as to what the logo can be used on and that the proceeds from the sale of 250t" merchandise would support the 250t" Celebration. • The Commission voted dates for the 250t"calendar and will be bringing those to the Select Board at a future meeting. • We have heard back from our Sister City in Antony, France and they are interested in traveling to Lexington in April of 2025 to participate in and help us celebrate the 250t"Anniversary of the Battle of Lexington. 250'Collaborative Towns Meeting: • On Thursday evening 9/14/23, Lexington hosted the third 250t" Collaborative Towns Meeting at the Community Center. • Over 60 people attended from Arlington, Concord, Lincoln and Lexington. Along with Town Staff from the four communities, representatives from Minuteman National Park, Hanscom AFB, Freedom's Way National Heritage Area and the Lexington Historical Society. • We were honored to have MEMA Director Dawn Brantley and several of her staff in attendance at the meeting. She spent her time meeting with the Public Safety/Public Works staff and had a robust discussion. • We also had 3 of the 9 members of the State House Delegation from the four towns in attendance: Rep. Michelle Ciccolo (Lexington, Woburn, Winchester) Rep. Carmine Gentile (Concord, Lincoln, Marlborough, Sudbury, Wayland) Sen. Mike Barrett (Lexington, Lincoln, Concord, Bedford, Weston, Waltham, Chelmsford). • Special thanks to Christine Dean, Michelle Kelleher and the Community Center staff for hosting us. Our guests were very impressed with the facility and many noted they didn't even realize it was there! Town Manager Policy Regarding Use of Lex250 Trademarks This Policy(the "Policy") is adopted as of September XX, 2023 ("Effective Date")by the Town Manager pursuant to Section 9 of the Chapter 753 of the Acts of 1968 (as amended) 1. Purpose This Policy governs the approved uses of the Town's seal and trademarks, and any logos, trademarks or copyrights developed by the Lexington Semiquincentennial Commission ("Lex250") in connection with the commemoration of the 2501h anniversary of the Battle of Lexington (the "250th Trademarks"). 2. Merchandise to be Distributed Items to be produced bearing the 2501h Trademarks may include: • Cups; • Plates, • Shirts (including hoodies and jackets); • Programs; • Pens; or • Other apparel or merchandise with the prior written approval of the Town Manager. Such apparel and merchandise may, to the extent permitted by applicable laws, be gifted or sold until all items have been completely distributed. Production of the merchandise containing the 250th Trademarks must cease no later than December 31, 2026, unless this Policy is extended by the Town Manager. No department of the Town, other than the Town Manager, may approve or authorize any third party to utilize the 25 Oth Trademarks. 3. Costs Any costs associated with the production of any apparel or merchandise shall be approved by the Town Manager. Proceeds of sales of apparel or merchandise by Town departments, including Lex250 and the Economic Development Department, shall be reported to the Assistant Town Manager for Finance, who will direct the appropriate account in which to deposit those funds. No department of the Town shall by virtue of selling apparel or merchandise authorized under this Policy be entitled to the use of the funds therefrom, but the Town Manager will use reasonable efforts to account for the proceeds of such sales in allocating budget amounts for use in connection with activities related to the commemoration of the 250th Anniversary of the Battle of Lexington. 1 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Town Manager Weekly Update PRESENTER: ITEM NUMBER: Kelly Axtell, Deputy Town Manager TM.1 SUMMARY: Attached please find the Town Manager's Weekly Update for the following weeks ending on: • Friday, September 8, 2023 • Friday, September 15, 2023 SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 9/18/2023 ATTACHMENTS: Description Type E) 9 S........23 Weekly t Jpdafe Backup Vlatei�al E) 9 1.5 23 W.,.ehAy Update 1.1ackup V11(aterial .r4^ � IN uu d' 1775,2025 ��- N i^SAn wunuSir u S Town o Lexington Town Manager's Office James J. Malloy, Town Manager Tel: (781) 698-4540 Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921 MEMORANDUM TO: Select Board FROM: Jim Malloy, Town Manager DATE: September 8, 2023 RE: Weekly Update The following is an update of activities for the week ending September 8, 2023: Town Manager Updates: • I've been working with Town Counsel on renewing the lease agreement with the Church of Our Redeemer that the Town leases for parking in the Center. It expires on 3/1/24, I anticipate having this before the Board at some point this Fall for consideration of renewing the agreement, mostly under the same terms and conditions, updated for accuracy/contract language. • The Cemetery Operations Building is complete and the staff have moved in and are in the process of getting the interior set up for operations (permanent furniture is on the way). 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J Y S ,I 1 i rv,/ ,rdY(o n r; j �h 1 ,r(ury F✓'r 1 7.,.,,,/Air ..,. .„ �% �� //(,,:,�,., / U..... 1%fS./ r n,, r/,�,.1 if/'.,�.„ ✓�) ��(„ ✓.I lv' A../Y. ro,er,"..0 -,,: ,.I 1:,,/ r,:...:(4 ;.,.,f s r /� rr�,„4,, M, .,,�, �� i'•„ ,,JY a�IiF(�; (�✓,�„f,.,, n r ( J��� i�,���;�iF� �., r i„,� frci/> r,1ir/i/..6,rrl'c�M1�,.✓r��r�,� � �/�V ry�,9f�',��J)� i �J,� ✓, r.Us., .,,,�. r I., Id J,..r�`YJi /„ r../,;, ...�/ rFCa,.,�.,� yr„�i"��.v(i N,vr ii�/�-„F, '1Y.i' I � ,�rd� �p�„ J;,. ..:.z/p/ar/i/,n✓�� !.,,ri il./.,.Ur,!G� ,J.�. � ,i F,,?iY r,, i i�rv'«.,,�.�Y Y,�i �,r. A;r ,' rV��6w1,�^✓ / 4,e.Gr r, �J., ,1,✓�:, ✓. ! r'drr rr.rR Jr'I f,y. "i,lr;.r,i✓�,� ,, r.� 1, ✓,✓,,'!rt,F,✓„/v4rr��'Y�iid��;�9'�Y�s����c'«f�,��,K,n dul�l�mUw,r'J,N;i rlNS���kr„Sq�YN r�I �F��rtr+�lld(%J✓� FrrPllll� • Attached please find the draft charge for the Tree Bylaw Working Group for the Board's review. This will be on an upcoming agenda for the Board to discuss/approve. • Doug Lucente and I met with Dr. Mullin and Dr. Kotval this week regarding the Center Charette this past week and will be coordinating a meeting on 9/27 with staff and other community partners to discuss the proposed dates and format of the Charette. • Attached please find the agenda tracker for upcoming Select Board meetings. Health Department: • September is National Preparedness Month. The Health Department is working with Bethany Ramirez on messaging for the website and social media. The theme for 2023 is "Take Control in 1, 2, 3" focusing on preparing older adults for disasters. See'h"t' s: ®r v for more information on how everyone can prepare for an emergency. • The supply of free take home COVID test kits is almost depleted. They are still available at the Health Department only and in very limited supply. Police Department: • As the Board is aware, the Town has acquired a comfort dog that we are introducing as LPD's newest member. She is a 16 month lab who has recently been sent from the breeders in GA to the training facility in RI. She has begun her 12 week comfort/tracking training program and is doing extremely well. This will followed by a short program with the officer who she will be assigned to. At this point she has not been named and we are considering a community naming contest involving the youth of Lexington. We look forward to introducing her to the community when her training is complete. Ig %llir/oi/ elf� of ,/ / Land Use, Housing and Development: Planning: • Planning Board Zoning Regulations—Planning staff and the Planning Board are requesting the Select Board consider amendments to the Stormwater Management Regulations and have scheduled a public hearing for September 18. On September 13, the Planning Board will continue their review of amendments to the Transportation Management Overlay District section of the Planning Board's Regulations and consider amending the District Plan for Hartwell Ave. (TMO-1). WORKING GROUP TO REVIEW THE TREE BYLAW AND ENFORCEMENT Reporting: Town Manager Mission/Purpose: 1. Review bylaw enforcement issues that have been raised in a recent report. 2. Review the bylaw for changes that are recommended for streamlining and/or ensuring that the bylaw is appropriate for the Town's organization (i.e. why is the Building Commissioner involved in issuing permits?) 2. Identify issues with data collection for the bylaw enforcement. 3. Determine resources needed to implement changes to ensure proper bylaw enforcement. 4. Make recommendations for improved bylaw enforcement to the Town Manager. Composition: 1 Town Manager or designee 1 member from Forestry/DPW 1-2 members Tree Committee 1 member from Select Board 3-4 members from the public Timeline: Monthly meetings with a goal of completing work within a year. Note: Preliminary findings that may inform new bylaw amendments or town budget shall be communicated before work is complete. Agenda Tracker ITEM NAME PROPOSED MINUTES Description DATE Approve One-Day ® 23 0 Spectacle Management x12 events at Cary Spectacle Management ® Memorial Building: 10/1; 10/6; 10/8; 10/19- 10/21; 11/25; 11/30; 12/2; 12/14; 12/16; 1/18 Approve One-Day Liquor ® Galaray House is having a ribbon cutting 18-Sep-23 0 ceremony for the grand opening of their House business in the Center on 9/20 Approve One-Day Liquor License - Lexington Community Farm's Harvest Lexington Community Farm 18-Sep-23 0 Festival Beer Garden 10/1 at LexFarm Select Board Committee 18-Sep-23 0 September reappointments (due to expire on Reappointments 9/30) Select Board Committee 18-Sep-23 0 HDC Associates x3 Appointments Battle Green Use & Car Parade Veterans Day Parade unit staging near Requests -Town Celebrations 18-Sep-23 0 Minuteman Statue (Police; Fire; DPW - all Committee OK) Water and Sewer Adjustments?? 18-Sep-23 0 Email request from Robin on 9/5 Application: Common Victualler ® ...New CV application (Health; Building - OK; Massachusetts Avenue, ®Unit 2 Zoning -Recognition of Burt Perlmutter ) ® ® Recognition of Burt Perlmutter for 28 years of ® public service on the Board of Health The Planning Board has been updating their Regulations related to site plan review after the recent zoning amendments for new village and multi-family overlay districts. The Planning Board would like to review Public Hearing to Review stormwater while considering redevelopment Amendments to the Stormwater 23 20 projects on smaller properties. The average ®Management Regulations lot size in the village and multi-family overlay districts are under and acre and the Planning Board would like to require stormwater improvements on redevelopment projects to treat and capture stormwater runoff. The proposal is to consolidated the stormwater review into the Planning Board's Site Plan Review approval. Advertised in 8/31 & 9/7 Minuteman Newspapers Housing Partnership Board and® Recommendations for SB action re state Lexington Affordable Housing 20® ..initiatives ® 18-Sep-23 Lexington Affordable Housing® Review concepts for CPA funding requests Trust Recommendations for CPA-® 18-Sep-23 20 Funded Project-Corner of Lowell and North Streets Call for Special Town Meeting *Relvew DRAFT Warrant *D11scuss Select Board Report for 18-Sep-23 10 Special Town Meeting Review Draft Select Board Report 18-Sep-23 10 for FY23 Annual Town Report This will be a discussion on the bylaw updates SELECT BOARD WORK SESSION - related to Construction Noise and also a Discussion on Noise Bylaw - 20-Sep-23 60 discussion on the deadline (March 15, 2025) Landscaper and Construction for commercial landscapers and concerns Noise related to timing and equipment availability. SELECT BOARD WORK SESSION - This will be a general update on the status of Update on Goal Setting Process 20-Sep-23 15 the goal setting process. The Anthem Group's Lexington Pumpkin Fest Approve One-Day Liquor License - 2-Oct-23 0 Beer Garden 10/14 on the Visitors Center The Anthem Group Lawn (Police- OK; Fire - OK; DPW; TMO - Approve (Special Event) The Anthem Group's Lexington Pumpkin Fest Entertainment License -The 2-Oct-23 0 live perform ances/band 10/14 on the Visitors Anthem Group Center Lawn temporary-for heating , application fee Flammable Fuel License -440 received on 9/5, will be advertised in the 9/21 Bedford Street 2-Oct-23 10 minuteman newspaper for hearing at 11approx 6:30pm" and applicant will sent abutters Zero Waste Plan Update 2-Oct-23 30 This is an update on the Zero Waste Plan This agenda item is to provide Compost Pilot Program® 2-Oct-23 10 recommendations for the future curbside Recommendations composting based on the pilot program rolled out in 2023. Public Hearing - FY2024 Water and date TBD by Carolyn Kosnoff- including the Sewer Rates 2-Oct-23 15 concern raised by the drycleaner regarding small business rates PLACEHOLDER Ad Hoc Recommendations from ad hoc committee for ®Transportation2-Oct-23 30 how to address changes to transportation ®Recommendations for Lexpress services Select Board to vote and sign Final® All citizen petitions will be included at this warrant 2-Oct-23 time. Warant goes to printer 10/3/2023 Update, and possible vote, on schedule for PLACEHOLDER- Update on 250th Patriots' Day weekend during the 250th Patriots' Day Celebration Schedule 2-Oct-23 10 Anniversary of the Battle of Lexington (moved to September per Suzie on 7/31 -® Approve Draft Select Board Report for 23 5 vote the Select Board Report for FY23 Annual FY23 Annual Town Report Town Report The Board had previously authorized the Town Manager to establish a Tree Bylaw Working Group to review the current Tree Tree Bylaw Working Group Charge® .Bylaw, enforcement and propose any ® 2-Oct-23 changes and for the Town Manager to develop the charge for the Working Group, which was provided to the Select Board on 9/8 for review. r Town of Lexington Town Manager's Office ar James J. Malloy, Town Manager Tel: (781) 698-4540 Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921 MEMORANDUM TO: Select Board FROM: Kelly Axtell, Deputy Town Manager DATE: September 15, 2023 RE: Weekly Update ending September 15, 2023 Cary Library • The Library will be CLOSED Sunday, September 24 - Tuesday, September 26t" for a technology upgrade. This capital project includes an upgrade of the building's wireless system as well as the transfer of part of the library's network infrastructure over to the Town's IT department. This project was approved several years ago and delayed due to COVI D and supply chain issues. We expect to be open again on Wednesday, September 27. • Great programs happening at the library next week: o Sharing Culture Through Food with Chef Trisha Perez Kenn ly - Tuesday, September 19 at 7:00 p.m. (virtual - „iir, , iii t iir iir ). In ............... this culinary celebration of Hispanic Heritage Month, Trisha will demonstrate how to make mofongo and em pa nadas - a fun program for the whole family. o Science Cafe - Generative AI: Navigating Risks and Rewards with Giuseppe Talibi, PhD - Thursday, September 21 at 7:30 (attend in person in the Living Room or virtually - „iir, , iii t r r ). Giuseppe Taibi is an entrepreneur, engineer and local Lexingtonian whose career has been steeped in helping to navigate these paradigm-shifting technologies. We'll learn about the core elements of Generative AI, the potential rewards and risks and G i useppe's personal path in navigating technologies. • The FY23 Annual Report to the Library Trustees is attached. Land Use, Housing and Development Assistant Town Manager for Development: The Regional Housing Services Office reports that Lexington's Subsidized Housing Inventory (SHI) 1 was just updated with the inclusion of the 21 affordable units at Waterstone. Lexington's SH I is now 10.95, up from 10.77%, based on the 2020 census. Planning: At its September 13 meeting, the Planning Board adopted the updated TMO-1 Hartwell Area Plan and amended their zoning regulations - Section 10.2 to implement the Plan. The Plan and Regulations calculate the mitigation fee on the number of parking spaces built, provides a menu of mitigations, reporting requirement and outlines and an administration procedure so the Town and the developments can work together to reduce single occupancy trips to the Hartwell Area. Town Manager's Office This past spring, "This Old House", had reached out to the Town about Lexington's accessibility efforts as research for their new season. We were informed today that the episodes are ready to air. Please see email excerpt below that shares the information and the link to watch: "Dear Friends of This Old House, We are excited to announce the first three episodes of our This Old House ""Lexington Modern" series which airs September 28th, 2023. In many locations, This Old House airs Thursdays at 8pm on PBS. To find out exactly when an episode will air in your area, please check your local listings by clicking the following link and entering your zip code: http://thisoldhouse.com/ tvschedule. Each episode is freely available on Roku, PBS.org, and ThisOld House.com the Monday after each episode's original airdate via the following link: http:// thisoldhouse.com/watchtoh. TOH Insiders and Roku "premium subscribers" get access on the same day as the PBS "release date". Below is the description of episodes 4501-4504 with the credits listed below to recognize your participation. And finally, feel free to reach out to friends and customers about your participation on social media using the hashtags #TOHTV and #TOHLEXINGTON. You can follow us @ThisOldHouse. 2 TOH 4501 ""On a Mission" Original air date on 912812023 Season 45 kicks off with a new project in the town of Lexington, MA. An old town not just rich with history - most notably the beginning of the American Revolution - but also rich with modern-day amenities including ADA (American Disabilities Act) accessible features to welcome visitors and residents. With a quarter of Americans having some form of disability, half of those having mobility issues, as well as an aging population, there is a need for accessibility not just in the community but also in residential homes. It is this need that brings the crew to a 1960 mid-century modern home that will be made accessible for an active family of five with a young son who has a progressive muscle-wasting disease called Duchenne Muscular Dystrophy. The crew meets homeowners Billy and Michelle at their house to learn about the disease and the challenges the current setup of the house poses for their son Caffrey and how they can solve them. The goal is for Caffrey to have equal access to the house like everyone else, allowing them to be more connected as a family. Tom Silva and Billy discuss the current architecture - a piecemeal of additions to the original mid-century modern house resulting in a disjointed appearance. Kevin O'Connor gets a tour of the interior common spaces from Michelle. Though spacious, the layout with a narrow galley kitchen, narrow hallways, staircases, and the long distance between the primary bedroom and Caffrey's room is quite inefficient. The kids give a tour of their own bedrooms. Richard Trethewey shares his plan for a more efficient mechanical system and Jenn Nawada gets a head start on the landscape. This project is a race against time for Charlie Silva to turn around what should be a 14-month construction in 10 months to get the family back in their home as soon as possible, but the crew is up for the challenge. Jim McLean Lexpress Town Manager's Office, Town of Lexington TOH 4502 "Shore We Can" Original air date on 101512023 Construction begins on the 1960 mid-century modern home in historic Lexington, MA. The interior has been demolished back to the studs, with plumbing and electrical systems completely removed. Charlie Silva walks Kevin O'Connor through the upcoming modifications that will be made to the property, including a new addition at the back which will allow son Caffrey, who has Duchenne muscular dystrophy, to be closer to his parents. During the excavation of the back of the house, it was discovered that the original foundation isn't deep enough. To solve this, the exterior concrete wall and foundation will be rebuilt and, on the interior, Tom Silva preps for footings that will reinforce what's existing. Architect Sandra Jahnes gives an overview of the new design plan which prioritizes accessibility and minimizes the visual volume of the existing garage addition. Kevin visits a showroom specializing in residential mobility and accessibility solutions. Back at the house, a new energy code affects the construction. Charlie and Richard Trethewey meet HERS rater Kevin Ring to discuss the new code and methods to meet the requirements. Alpine Environmental Ed Chavez Landscaping & Painting Glavin Construction Company, Inc. Home Healthsmith Jack Doherty Contracting, Concrete Cutting Specialists Phase II Stormwater, Inc. Ruhl Jahnes Sustainable Energy Analytics TO H 4503 ""The Big Dig" Original air date on 1011212023 Accessibility is at the forefront of this renovation, which requires major changes. Kevin O'Connor takes us on a tour of some of these changes, starting at the front of the house where the old entry has been removed to create a central entrance with an integrated outdoor ramp.A new basement space is being created in the front for additional mechanicals and out back a 12 1/2 foot tall foundation has been poured to accommodate a largerwalkout basement. Mark McCullough builds a concrete block wall creating a tunnel-like hallway connecting the two basement mechanical areas. Richard Trethewey meets with Charlie Silva, who is preparing for the installation of new HVAC ducting being installed in a manner that takes into consideration the new energy code. HVAC Contractor James Bouchard and his crew perform the installation. With an elevator planned for the project house, Kevin visits a house that recently had one installed to understand its workings from elevator installer Jonathan Downarowicz. Back at the house, Tom Silva begins framing for the elevator in the new basement addition. Above and Beyond Elevator, Inc. Back Bay Mechanical Glavin Construction Company, Inc. TOH 4504 "Engineered for Accessibility" Original air date on 10/1912023 Great progress is being made on the 1960 mid-century modern house. The house has been separated into two - the original brick facade building and the garage addition. They will be rejoined later by a new central entry with an integrated ramp for accessibility. The primary addition above the foundation out back is currently being framed and the rooms are starting to take shape, so Kevin O'Connor gives carpenter Tim Berky a hand with framing a sound-deadening wall that divides the bathroom and bedroom. The new design plan includes an open kitchen and dining area.; but a lally column carrying the load of the roof and ridge beam is in the way. Charlie and Tom Silva will remove the lally column and ridge beam and replace it with a larger engineered ridge beam to span the area. This is accomplished by craning in three individual engineered beams that will be sandwiched in place. Homeowners Billy and Michelle are working with Jenn Nawada on the landscape design, so she's brought in 3D landscape designer Mike Pray to help them visualize options for the front and backyard patio area. Richard Trethewey meets with accessibility consultant Jackie Dobson to learn about designing an accessible bathroom at a project she recently completed. SiteOne Lanscape Supply Solutions for Accessibility TJ Berky Builders 2023 Annual to t the Library Trustees LIBRARY Dear Library Trustees, FY23 was an outstanding year for library services in at Cary Library, which was recognized last year as one of Library Journal's Star Libraries. Library use metrics continue to rebound post-pandemic, with significant increase in program attendance and foot traffic in the building (see Five Year Data Comparison). Some milestones from the past year include: A year of filled with marvelous programs Programming was back in full swing with some 1LIU noteworthy offerings. Helen Lui,the library's Programming Manager, worked closely with Library Trustee Brent Maracle to offer a range of programs honoring Native American/Indigenous Peoples' history, culture, and stories. A map of native lands was also added to the library's art collection. Program attendance for Children's programs more than doubled this year, with our Brickmania and Fairy Tale Ball programs drawing large w . crowds. Award-winning Children's author Grace Lin was the speaker for this year's Eric J. Moskow r w Children's Program - more than 250 kids and their families attended her talk. Some new, large-scale community programs were introduced this past year, including "Rock the Lot," an outdoor children's festival with food trucks, crafts performers, and authors. Man thanks to , p � Y the Friends of Cary Library who hosted a Children's Book Sale tent at the event. Over the winter holidays,the library hosted our inaugural Car bokaflod (modeled on the Icelandic g Y tradition of Jolabokaflod) in December with events focused on reading and relaxing. This - •• - •• event was so well received that it will be offered again in December 2023. CARY LIBRARY, LEXINGTON, MA 001 Popular mainstays drew large crowds this year. The library's popular Science Cafe welcomed Nobel Laureate and Lexington resident Peter Diamond, who spoke about his life and work. The Literary Cafe, hosted by Foundation Board member Marjan Kamali, marked Women's History month with a panel discussion about the portrayal of women in fiction. Award-winning authors Ava Homa, Joy Castro, and Katherine Sherbrooke shared their work. The library celebrated "Earth Day in May" in collaboration with LexCAN and the Town Sustainability Office to share experiences, resources, and action items for a more sustainable future. On Discovery Day the library hosted Pom Pom the Lawn, a one-day art installation that featured more than 2,000 pom pours created by community members. More than 200 of the pom pours were made and donated by students in the LABBB Collaborative program at LHS. The library lawn has never looked more colorful! Significant progress made for the library's capital project (ChiRP!) This was an important planning year for the library's Lower Level capital project (ChiRP!) which includes renovation of the Children's Room, Large Meeting Room, and the replacement of the Lower Level HVAC system. Architects from Johnson Roberts Associates shared their design concept with Library Trustees at their May Annual Meeting and with the public at a Meet the Architects Night on May 30th. Detailed information about this project, including the preliminary design, is available on the library's ChiRP! Project page (carylibrary.org/chirp). The library will be submitting a request for capital construction funds at the Spring 2024 Annual Town Meeting and, if all goes well, should begin renovations in Fall 2024. The Cary Library Foundation launched a capital campaign this summer to raise $750,000 for this project. With their support and some funds from the library's unrestricted endowment, we expect to provide $1.5M of the project cost from private sources. Many thanks to the Foundation for their support of this project. A challenging moment for public libraries The past year has been a very challenging one for public and school libraries across the country, and our library is no exception. In April and again in July, the library had visits from "First Amendment auditors."Thanks to the Town Attorney's guidance,the staff were well prepared for these visits and responded admirably. But it must be noted that these audits have an impact on both staff and patron wellbeing. CARY LIBRARY, LEXI NGTON, MA 002 In June, an antisemitic drawing was discovered in the library's Teen Space. Though the drawing was likely seen by few people, it was important to make the incident public and acknowledge the increase in antisemitism we are seeing in Lexington and across the country. I am indebted to Trustees and members of the Jewish Community, for their guidance. Closing thoughts I've been asked many times what makes our library so successful. It begins with a creative and passionate staff, a thoughtful and supportive Board, dedicated Friends and Foundation members - and most importantly, a brilliant community. It's a beautiful chemistry that makes the magic here. This combined strength of purpose has been in place for more than 150 years. At every juncture, Lexington has shown up to support this place of community learning. I have no doubt this community will continue to value the importance of libraries and ensure our library remains vibrant and inclusive. Best regards, Koren Stembridge Library Director e r F i, y �r r" G,a y o s %u r J r � a i i i A lre y{r7 r err 1 r, Pom Pom the Lawn r CARY LIBRARY, LEXINGTON, MA 003 I r III. ,u BOOKSNSW I COULD NIT 2 I I �IY IN k" ., '� � �irl�/:,� _., V �"•, �N 4i 411tV. wiu. ;� ,. ,,: ;s„" ;z„;. '��"i /r� s Y A., �/�r �/�P;,, I f ur +x++' ff... r wtte II r///i�-\%//f//j/i NIA ✓i., .N J r , v� f/ w ar l l / ^ n ( y Irr!Sn i i / .:, ,a�' .m!.:. /r, ti, N.. a' ,w ,:,,,- �:, , ,�y% ^• .✓ptl omilr, r6➢ i/. 1€€€= /i`"',rr�; l =zr ,r%V'hy»n !;� ''��"�" ;ri'. .' ,,; .... I..lit•" a'w,S ,njs3•z% ', ;;, / "��„„".�,�,",�,,,,«„„, d'r. l�'.E %��� �'i�//'� I , Y+/ r V P, I pl 1, M' I ff fpp /o i ^ rl )II � uJl. YYIiIIYgI I�I� I YI III..... /� YV I @I YI r �. (II I �� j (rrl / � / // ( %'I�/1%%ii°iiVIIIVIIIIVIIIru,�II�VIIolYllll Il rill u �� r, sl Y IIII v� u } y.. / .u�.❑ / �� IIII I �i/ I uYll (e» 11 f r„I riI u�I r ,r 0 64` rrrr„I r r '+V MARC�i lR mn bNp ,,; p I I :",bra rr it :re°Crr / ,1rf� r�/fG/G/o r r l 1 /» (hyl��r'r/%j��/�f/✓r/�tr"�i� f r o i rl I �.. flIGfIYAUiU ,,, l / J III 777111 I I f , � / �yI'I I r I I I I j rr. I CyII�IIVYiiI4����kl�{I�i„$rli M'II!II II II YW11 4 I+ , t,. N,u I I I I IIII I I y I 4 r r JI v � " r rt r//o�!l U�// Ci P{y fil�ll r I / � I CARY LIBRARY, LEXINGTON, MA 004 �Five Year Data eson FY19=FY23 LIBRARY K" P0rfoj7*0o**1ndi-c4W($ Total Annual Total Annual Total Annual Total Annual Total Annual Circulation-Total Collection Use 1,016,757 49,090 577,578 1,013,486 1,008,983 Circulation-Adult(books,magazines) 2281083 175,701 1001438 2091578 221,991 Circulation-YA print(books,magazines) 33,531 27,906 211498 401086 361510 Circulation-Children's print(books,magazines) 348,057 268,861 176,144 385/635 385/211 64 8,88 86942 88380 Circulation-Adult Audio Visual 14711 102,847 32, , , Circulation-YA Audio Visual 743 486 444 392 236 Circulation-Children's Audio Visual 321181 23,022 5,842 17,199 14/785 Circulation-all downloads(eBooks,eAudiobooks)l 92,,858 120,328 150,908 123,,944 1221474 Circulation-Database searches 116,,284 116,021 88,258 96,306 4 108,,8124 Network Transfers-items borrowed 100,136, 70,,982 162,929 13214605 11816155 Network Transfers-items loaned 901084 616,,919 108,r379 157161085 145,1395 Registered Borrowers 26,,634 26,220 24,617 23,,465 23,,486 Library Attendance 4941701 339,927 28,679 237,275 359,,069 Reference Questions(Adult,Children's,and Ask Us) 75,607 58,,779 221867 23,745 25,242 Door to Door deliveries 390 257 240 262 298 Programs Offered(total) 944 1,007 935 612 1026 Adult Programs 230 343 459 174 360 Teen Programs 140 190 160 145 166 Children's Programs 574 474 316 293 500 Program Attendance(total) 31,,301 25,406 25.,175 22,0376 40,8046 Adult Program Attendance 6,,948 8,711 15,548 11,,897 19,,629 Teen Program Attendance 2,,386 2,097 2,512 2/489 2,588 Children's Program Attendance 21,967 14,,598 711115 71651 181216 Meeting Room Use 1/498 11780 0 358 712 Study Room Use 8J29 5,570 28 3,,819 6J47 Museum Pass Use 2,,676, 2,062 361 2746 2224 88 Use of Library Computers(incl.laptops,iPad,s,,etc. 21756 30,,940 19 11 ) I445 15,306 Use of Library Wireless 375,,456 278,631 941750 213,,709 266,514 Visits to Library Website 290,155 233,173 179,126 182/481 186,J86 Volunteers 166, 134 43 38 39 Volunteer hours worked 51784 3,,893 2.1222 21137 21wo Holdings-Books and other print 216,,466 218,566 222,695 222,,071 219,,069 Holdings-Audio Visual(DVDs,,CDs) 30,,469 31,826 32,590 31,,663 321114 Holdings-Downlioadable(eBooks,eAudio,video) 81,,608 85,334 103.,788 1121444 137,,968 Holdings-Total 3281543 338,,050 351,399 3681463 391,323 lincludes all digital eBooks,eAuldiobooks,music and video content,both downl6adable and streaming.Includes Hoopla and Kanopy 2Main building of the library was not accessible to the public for the majority of FY 2021. 3 Library reduced hours in the early months of calendar year 2022,due to the rising numbers for the Omicron variant. 4Does not include Hoopla and Kanopy usage.Hoopla and Kanopy are counted on this sheet as eBook and eAudiobook usage. 5Includes Items retrieved from inside and outside of the Minuteman Library Network. 'includes views of recorded presentation up to 7 days after the live program. CARY LIBRARY, LEXINGTON, MA 005 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Applications: One-Day Liquor Licenses - Spectacle Management, Inc., 1605 Massachusetts Avenue PRESENTER:TER• ITEM S NUMBER: Joe Pato, Select Board Chair C.1 SUMMARY: Category:Decision-Making Spectacle Management: Spectacle Management, Inc. has requested 12 One-Day Liquor Licenses to serve beer and wine in the lobby outside of Battin Hall on the main level of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of 12 events on the following dates: • Peter Yarrow& Noel Paul Stookey, Sunday, October 1, 2023 6:00pm to 10:30pm • Macy Gray, Friday, O ctob er 6, 2023 7:00pm to 11:00pm • The Sixties Show, Sunday, October 8, 2023 6:00pm to 10:30pm • Lyle Lovett and John Hiatt Together on Stage, Thursday, October 19, 2023 7:00pm to 11:00pm • Juston McKinney, Friday, October 20, 2023 7:00pm to 11:00pm • Tom Rush Club, Saturday, October 21, 2023 7:00pm to 11:00pm • Jim Brickman-A Christmas Joyful, Saturday, November 25, 2023 6:30pm to 10:30pm • Michael Feinstein Get Happy Trio, Thursday, November 30, 2023 6:30pm to 10:30pm • Vienna Boys Choir, Saturday, December 2, 2023 6:30pm to 10:30pm • Postmodern Jukebox- LIFE IN THE PAST LANE, Thursday, December 14, 2023 7:00pm to 11:00pm • Natalie MacMaster& Donnell Leahy, Saturday, December 16, 2023 7:00pm to 11:00pm • Ruben& Clay: Twenty Years/One Night, Thursday, January 18, 2024 7:00pm to 11:00pm The requests have been reviewed by the Department of Public Facilities with no c o nc erns. SUGGESTED MOTION: To approve 12 One-Day Liquor Licenses for Spectacle Management, Inc. to serve beer and wine in the lobby outside of Battin Hall on the main level of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of 12 events as follows: . Peter Yarrow& Noel Paul Stookey, Sunday, October 1, 2023 6:00pm to 10:30pm • Macy Gray, Friday, O ctob er 6, 2023 7:00pm to 11:00pm • The Sixties Show, Sunday, October 8, 2023 6:00pm to 10:30pm • Lyle Lovett and John Hiatt Together on Stage, Thursday, October 19, 2023 7:00pm to 11:00pm • Juston McKinney, Friday, October 20, 2023 7:00pm to 11:00pm • Tom Rush C lub, S aturday, O ctober 21, 2023 7:00pm to 11:00pm • Jim Brickman-A Christmas Joyful, Saturday, November 25, 2023 6:30pm to 10:30pm • Michael Feinstein Get Happy Trio, Thursday, November 30, 2023 6:30pm to 10:30pm • Vienna Boys Choir, Saturday, December 2, 2023 6:30pm to 10:30pm • Postmodern Jukebox- LIFE IN THE PAST LANE, Thursday, December 14, 2023 7:00pm to 11:00pm • Natalie MacMaster& Donnell Leahy, Saturday, December 16, 2023 7:00pm to 11:00pm • Ruben& Clay: Twenty Years/One Night, Thursday, January 18, 2024 7:00pm to 11:00pm Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 9/18/2023 ATTACHMENTS: Description Type aB s a„ a s �� a �s s �aa',;aaa,, AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Application: One-Day Liquor License - T.P. Bronx LLC d/b/a Galaray House, 1720 Massachusetts Avenue, Unit 2 PRESENTER:TER• ITEM S NUMBER: Joe Pato, Select Board Chair C.2 SUMMARY: Category:Decision-Making T.P. Bronx LLC d/b/a Galaray House: T.P. Bronx LLC d/b/a Galaray House has requested a One-Day Liquor License to serve wine and champagne inside the Galaray House, 1720 Massachusetts Avenue, Unit 2, for the purpose of a Ribbon Cutting Ceremony/Grand Opening of the new art gallery/espresso bar on Wednesday, September 27, 2023 from 5:30pm to 8:30pm. SUGGESTED MOTION: To approve a One-Day Liquor License for T.P. Bronx LLC d/b/a Galaray House to serve wine and champagne inside the Galaray House, 1720 Massachusetts Avenue, Unit 2, for the purpose of a Ribbon Cutting Ceremony/Grand Opening on Wednesday, September 27, 2023 from 5:30pm to 8:30pm. Move to approve the consent. FOLLOW-UP: Select Board O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 9/18/2023 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Application: One-Day Liquor License - Lexington Community Farm, 52 Lowell Street PRESENTER:TER• ITEM S NUMBER: Joe Pato, Select Board Chair C.3 SUMMARY: Category:Decision-Making Lexington Community Farm: The Lexington Community Farm has requested a One-Day Liquor License for the purpose of serving beer in a beer garden at the Lexington Community Farm, 52 Lowell Street to participants of the Harvest Festival on Sunday, October 1, 2023 from 2:00pm to 5:00pm. The request has been reviewed by the Police Department, Fire Department, Town Manager's Office and Department of Public Works with no c o nc erns. Police details will be required for the beer garden. SUGGESTED MOTION: To approve a One-Day Liquor License for the Lexington Community Farm for the purpose of serving beer in a beer garden at the Lexington Community Farm, 52 Lowell Street to participants of the Harvest Festival on Sunday, October 1, 2023 from 2:00pm to 5:00pm. Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 9/18/2023 ATTACHMENTS: Description Type F) 20231 A.-xiin.gton.(.1m,io-yuni I ty I arryis I larvest.I esti'va]Map&Procedures f.-b r Backup mlaterial Serving Alcohol "MU p@ u IIpDi, Nha�� �NRmW V n/' 4-) W LL 4--1 O + cn O ° u 4� r + Q. ra > (� W � .V O Lf z a� V E E — — a� LL m � a� X LL � O� 4� x _ L- ca — a) CX — 0 o E — CL ca U �b 0 O .— � dJ > M._........ 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AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Application: License for Public Entertainment on Sunday - Lexington Community Farm, 52 Lowell Street PRESENTER: ITEM NUMBER: Joe Pato, Select Board Chair C.4 SUMMARY Category:Decision-Making Lexington Community Farm: The Lexington Community Farm has requested a License for Public Entertainment on Sunday for the purpose of a live band during Harvest Festival on Sunday, October 1, 2023. The live musical performance will take place at the Lexington Community Farm, 52 Lowell Street from 2:00pm to S:OOpm. The applicant is responsible for submitting the Select Board approved license and payment to the Massachusetts State Division of Professional Licensure. SUGGESTED MOTION: To approve a License for Public Entertainment on Sunday for Lexington Community Farm for the purpose of providing a live musical performance for patrons of the Harvest Festival to take place on Sunday, October 1, 2023 at Lexington Community Farm, 52 Lowell Street from 2:00pm to S:OOpm. Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 9/18/2023 ATTACHMENTS: Description Type F) 2(.,)?.,31 txington.Cbryirnunity F"an"n's I larvest F'esfival Map r3,-Acktjj,-)Material "MU p@ u IIpDi, Nha�� �NRmW V n/' 4-) W LL 4--1 O + cn O ° u 4� r + Q. ra > (� W � .V O Lf z a� V E E — — a� LL m � a� X LL � O� 4� x _ L- ca — a) CX — 0 o E — CL ca U �b 0 O .— � dJ > M._........ Q� LU , . _ 4-1 O — ��w�w��,� gar Ln %z — : � O OO +-j X N I LL D O �o O C: () N 4-1 (1) C: N. 00 (n (3) rl > O Lu 4� - C-) C6 O O � V C� 1111 MI°& W� µ,me �a as�S I I annoy AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Select Board Committee Reappointments PRESENTER:TER• ITEM S NUMBER: Joe Pato, Select Board Chair C.5 SUMMARY: Category:Decision-Making ReaDDointments: Annual September Reappointments On August 3, 2023, an email notification was sent to board and committee members who were up for reappointment on September 30, 2023 via the new online system, Granicus. Members were to submit the prefilled reappointment application if they wished to be reappointed or notify the Select Board Office via email if they no longer wanted to be considered at the end of their term. The Select Board Office also requested that members have a current State Conflict of Interest Law Online Training Certificate (aka "ethics") on file. A reminder email was sent from the Select Board Office on August 29, 2023 to any members that had not yet responded, as well as reminder messages in Granicus. Multiple emails regarding the completion of ethics training were sent to those indicating they wished to be reappointed, but had missing or expired training. Below is a list of boards and committees that are ready for reappointment(please see the attached list for more details). State Conflict of Interest Law Online Training is complete and up-to-d ate for those indicating reappointment. The attached list also includes those who are not to be reappointed. The Select Board extends its thanks and appreciation for their time and effort *n serving the Lexington Community. Battle Road Scenic Byway Committee Communications Advisory Committee Design Advisory Committee Economic Development Advisory Committee Greenways Corridor Committee Housing Partnership Board Lexington Bicycle Advisory Committee Lexington Center C o mmitte e Lexington Council for the Arts Lexington Human Rights Committee Lexington Scholarship and Educational Fund Committee Monuments and Memorials Committee Tourism Committee Town Report Committee Tree Committee Trustees of Public Trusts Vision for Lexington Committee Water and Sewer Abatement B o and Zoning Board of Appeals Zoning Board of Appeals Associates SUGGESTED MOTION: To reappoint the board and committee members as indicated on the attached list titled 2023 Sep tem b er Board/Committee Reappointments effective on October 1, 2023. Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 9/18/2023 ATTACHMENTS: Description Type 3E 3E 3E 3E 3E 3E 3E 3E 3E (/ 3E �E �E 3E 3E 3E 3E 3E 3E �E 3E 3E L � L .r .c .ra s s s U U U 2 2 2 2 2 2 a) au a) a) au a) � � � .E .E .E a) a) au a) w au v a) E E E a) a) a) w w w w w O O O E E E E E E E E O O O U U U U U U U U m m m m .> .> .> O O O O O O O O O +-+ a--+ -p a--+ a--j a--j -p a--a a--+ a--j a--+ cn cn cn cn cn 'cn 'cn 'cn 'cn '� �� �� �� '� '� '� '� � � � Z m m m _0 _0 _0 _0 E E E E E E E U V V Q Q Q Q Q O O O O O O O O •— •— •— U U U U U U U U 0 0 0 cn cn cn cn cn O O O O Q Q Q O O O ! ii O O O O EEE O O O O O O O O a)c � � � � � w w E U U U U Uo ca c6 V V V E E E E E 0 0 0 0 U U U �. - _0 _0 -a C�0 C�0 tv0 t�0 tip �0 C�0 tZA 01 0 ca ca ca O O O O O O O O O O O O � � � � v � v � m cococoU U U U U U U U U U U U 0 0 0 0 w w w GC O x � c i �_ O 0 w � cu N N on go LL 0 Ci � U a) p Q _ . = Q = 0 a= a� = o > p 4-1 agoLL: .v O O O s - - � O c� or- cn o z or_ or- cn Q o o U U w w - cn v) Q o 3E 3E 3E 3E 3E 3E 3E �E 3E �E 3E 3E 3E �E C Col CID ca s •C6 V U • coC6 co U cn > U U I I L L L L L L L L L L L L L L L L L L L L L L L L L Q) Q) I (D I Q)I Q) a) Q) Q) Q) Q) Q) Q) Q) Q) a) Q) Q) Q)I Q)I Q) I Q)I Q)I Q)I Q)I Q) 2 2. 2 2 2 2 (U a) a) aJ a) a) .� .� � EE .E E E E O O O U U U _0 _0 _0 C C C =3 =3 =3 4-j 4-j 4-j 4-j 4-; +j +j +� +1 N N N O O O E E E E E O O O w w w Ln Ln (In kn tn � + � U U U ca Ca Ca ca ca O O O O O O O O O O •E •E 'E � � � m ro co .O .O .O .O U U U m m m .> .> .> .> E E E = = = Q Q Q E E E E E 0 � s � Q Q Q Q U U U oC DC DC Ln Ln Ln a 1 (� ra ra - - - L L U U U U +-+ +-j +-j O O O 0 0U U U L- i � U U U U U U v V) cn cn cn cn cn cn (n Ca C6 (a m m m m U U U 2 2 2 U) c/) Ln +-j +-j +-j +-j +-j � � � ago r�o aro 0 0 0 0 0 0 0 0 0 0 0 0 0 � � � � � a, CU _ — _ w w ago w ago W W �vo ago bn �vo �vo to vCU v O O O w a w a a) a) a) a) a) a) a) a) a, � V w 0 N N DC Ca N O E -0 -0 .C: cn LC: = 2 .L C: 0 `� 4-; O L fa U DC Ca C fa 1 � U S O Ca E CO = p O -a m U Ca w o -0 w L LL = .� CID ra Ca .L �7 Ca — a) L •� LU 0 m m c 0 ' Ca ra � a) a) Ca o Ca 4-j O ate-+ Ca Ca � Ca > -C -Cm a) o � aw2 m � 2 ( 2oc ° � � � � o � oc QUUDV •3E •3E •3E •3E •3E •3E •3E 3E •3E •3E •3E �E �E •3E 3E �E •3E• L U w U U LL " L +- 0O — 41 U — — ca E E E E E E U •O U U E E E E � � � � � � c�n O O O OE � O U U U U a� O O � ago n�o � � � � � � � � E E E E E E E E E E E E _0 u o 0 0 0 O O O O O O a� }' O O O O O O O O O O O O O O U U U U U U U U Q Q Q Q Q OL L L co cu a� a� a� a� v v E E E v o 0 0 0 E E E E ° O O O OE EEE 0 U U U U Ln v cn cu cu x cu wo E o cc `� + C 4-' - n NUl) Ln -0X c6 N� ccp oo (� E m � O N c _ � cn s � p ro U — •� � C: LL j �C = cn O � 0 G (o Q (� m L1j G Vj G 5 G c w �C O X co ro >� ago Ln �, a� cu — — CU — Ca •(� cu .N r f6 c6 O cu ca .V C6 O cu � c6 o or- m U w � 2 2 e v> > > w m 0 C Ln Q U o 2 +-1 aJ E 4--1 Q •� m nA aj O L — O a� a) a) aj aJ rn v N U E E E E E o N 0 21: 92! 20- 20- 92! 0 v 4-j 4-1 4-j 4-1 +-j E E E E o 0 0 0 0 v a) v v a) Ln � � � � v 2 12 12i � a a Q a a v 0 ca O aj }' aj •� •� cn E x V U O +� s V) ca 4 N _U aJ •C +-1 aj a--+ (D E •� •Q O Q U O m L- N N N N N =3 N f o +-+ +-+ +-+ +-+ +-+ — aJ a� O ca ca m m m E �E o � �N O O O O O N� LnLnLnLn � O NE N Q Q Q Q Q O1 E E Ln Ln Ln Ln Ln V) 4-j v om 0 0 m m m m m m m U U ca a� a� a� a� a� aJ `—' E v � c v 0 0 Q E Q Q Q Q Q Q O O O O O 0 v _0 Ln J J � f6 C6 C6 C6 C6 C6 � mmmmmm E O O � E 0 v W W W3 QLO O � N O> > � N N N N N N ra m N � (U m O O N 4 'v O E v 0 0 v Ln v � v — Ln _0 a= Ln z ryo O aJ _ ca v •� � _ ca +� ca m .v ca E — m 0 U N _ m 4- C N ca = a — 4A Q 0 `� v Q (� 0 +j ca +-+ U X — � Q V) z co 0 o_ cn ca v AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Town Celebrations Committee Requests PRESENTER:TER• ITEM S NUMBER: Joe Pato, Select Board Chair C.6 SUMMARY: Category:Decision-Making Town Celebrations Committee Battle Green Permit Application: The Town Celebrations Committee is requesting permission to use the Battle Green on Saturday, November 11, 2023 from 10:30am to 12:30pm for the purpose of the Veterans Day parade unit staging, which will include the Lexington High School Band, Boy/Girl Scouts and Lexington Minute Men to honor veterans during the Veterans Day Car Parade. They are requesting to use the 20 yards of the Green from the main flagpole to the Minuteman Statue. The Police Department, Department of Public Works, and the Fire Department have no objections to this request. Town Celebrations Committee Road Closures/Car Parade Requests: The Town Celebrations Committee is requesting that Bedford Street from the Knights of Columbus, 177 Bedford Street east to Massachusetts Avenue to Marrett Road (ending at the Lexington Community Center parking lot)be closed to all but resident emergency traffic from 10:3 Dam on Saturday, November 11, 2023 to no later than 1:00p m for the purpose of the Veterans Day Car Parade. The parade is expected to begin at approximately 11:00am. The Police Department, Department of Public Works, and Fire Department have no objections to this request. SUGGESTED MOTION: To approve the request from the Town Celebrations Committee to use the Battle Green on Saturday, November 11, 2023 from 10:3 Dam to 12:3 0p m for the purpose of the Veterans Day parade unit staging, which will include the Lexington High School Band, Boy/Girl Scouts and Lexington Minute Men to honor veterans during the Veterans Day Car Parade. To approve the Town Celebrations Committee's request for Bedford Street from the Knights of Columbus, 177 Bedford Street east to Massachusetts Avenue to Marrett Road (ending at the Lexington Community Center parking lot)be closed to all but resident emergency traffic from 10:3 0am on Saturday, November 11, 2023 to no later than 1:00prn for the Veterans Day Car Parade. Move to approve the consent. *and all approvals and locations are subject to modifications as may be required by the Department Of Public Works,, Public Safety, Fire Department and/or Engineering Department up to the time of the event. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 9/18/2023 ATTACHMENTS: Description Type F) Town.(A.,Iebnafions Cornrnitte.e 13attle(keen.L.Jse Reque.st Maj,..) 13acl<up Mlatlefial E) 'Fown (..ornryfittee Request.I i.,,tler........v.,;-terans Day(.".'.ar Parade V11"aterial Road C.Iosuxes d ��M�w ���,�� 'n �� +„'' ��d��d� Yr!!�I .I�II� i""""""�"""""uuudu adu ��� �w ����� uu uu uuuuuuu ����N�N �'V ��� :. . Town of Lexington H Town Celebrations Committee Glen Basssett/Geetha Padaki Glen's Tel: TCC Co-Chairpersons Geetha's Tel: E-mail: celebrations cmteglexingtonma.gov August 24, 2023 Joe Pato, Chairman Select Board, Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 RE: Veterans Day Events planned by Town Celebrations Committee, Saturday,Nov 11, 2023 Dear Mr. Pato: The TCC plans the following events to celebrate Veterans Day 2023 and requests approval to coordinate parade details with Town agencies. Please notify the TCC if you have any questions about or changes you'd like to the Veterans Day celebrations. We invite all members of the Select Board to attend any or all of these events. Saturday,Nov 11, 2023 Veterans Day Breakfast. To be held 8-10:30am at Knights of Columbus, Heritage Hall, 177 Bedford St. The breakfast will include a brief ceremony. The Select Board member(s) are also invited to deliver brief prepared remarks. No rain-date is planned. Veterans Day Car Parade. To begin at 11 am at Knights of Columbus, 177 Bedford St. The Car Parade will feature veterans in their personal vehicles and other motorized parade units. The Parade will proceed east down Bedford Street and east down Massachusetts Avenue. The Parade will end at the Community Center parking lot. Select Board approval is sought in order to coordinate Police involvement in the parade, and to use the Visitors Center lawn to stage the Lexington High School band and other units. A separate request is being submitted to also stage units on the Battle Green along Bedford Street assuming that ongoing construction constraints do not interfere. No rain date is planned. Note: the Breakfast does not utilize Cary Memorial Bldg in 2023 due to anticipated logistical difficulties stemming from the ongoing Police Station construction. Sincerely, 06:1 W. Glen Bassett Town Celebrations Committee, Co-Chair cc: D. Lucente, G. Padaki 1625 MASSACHUSETTS AVENUE-,LEXINGTON,MASSACHUSETTS 02420 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve and Sign Water and Sewer Finals PRESENTER:TER• ITEM S NUMBER: Joe Pato, Select Board Chair C.7 SUMMARY: Category:Decision-Making Water and Sewer July 2023 Finals $17,676.46 SUGGESTED MOTION: To approve and sign the attached Water and Sewer Finals for July 2023. Move to approve the consent. FOLLOW-UP: Treasurer/Collector DATE AND APPROXIMATE TIME ON AGENDA: 9/18/2023 ATTACHMENTS: Description Type Department of Public Works �5 Mo�N/ Town of Lexington ` ins v ► Water and Sewer Enterprise Funds FISCAL YEAR 2024 APRI L 19'" Fx1 NGT� FINALS ♦ , TOTALS J U LY 2023 WATER $ 10,534.82 $10,534.82 SEWER $ 7,141.64 $7r 141.64 TOTAL: $17,676.46 $17r676.46 To the Collector of Revenue for the Town of Lexington: You are hereby authorized and required to levy and collect of the persons named in the list of water/sewer charges herewith committed to you and each one of his/her respective portion herein set down of the sum total of such list. Said sum being: Seventeen thousand six h u n d r ed seventy six 461100 And pay the same into the treasury of the Town of Lexington and to exercise the powers conferred by law in regard thereto. DIRECTOR OF PUBLIC WORKS SELECT BOARD 9/18/23 Treasurer/Collector, Director Public Works,Water/Sewer Billing AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve and Sign Proclamation- Recognition of Dr. Burt Perlmutter PRESENTER: ITEM Joanne Belanger, Director of Public NUMBER: Health; Dr. Wendy Heiger-Bernays, Chair of Board of Health I.1 SUMMARY: Category:Decision-Making Recognition of Dr. Burt Perlmutter: The Select Board is being asked to approve and sign a proclamation recognizing and honoring longtime Board of Health Member, Dr. Burt Perlmutter, for his many years of service and dedication to the Town of Lexington. Dr. Burt Perlmutter is stepping down after serving for 27 years on the Lexington Board of Health. Dr. Perlmutter and his wife, B o b b i, have lived in Lexington for over 50 years and have raised three children here. His medical career includes: serving as a physician in the U.S. Army in Vietnam, as part of an Internal Medical practice and as the Medical Director at Symmes Hospital in Arlington. Dr. Perlmutter, with a strong sense of civic duty and a purpose of protecting the health of this community, became a member of the Board of Health. He felt that Public Health was more than restaurant inspections and strived to promote the overall work of public health. He has served the Town and its residents with respect and integrity for 27 years. Joanne Belanger, Director of Public Health and Dr. Wendy Heiger-Bernays, Chair of the Board of Health will b e *n attendanc e at the meeting rec o gnize Dr. P erlmutter. SUGGESTED MOTION: Move to approve and sign a proclamation recognizing and ho no ring Dr. Burt Perlmutter for his many years of service and dedication to the Town of Lexington Board of Health. FOLLOW-UP: Select Board Office/Public Health Department DATE AND APPROXIMATE TIME ON AGENDA: 9/18/2023 6:40pm ATTACHMENTS: Description Type F) 2023 Rec.ognition of I)r Burt Perknu-tter Proclaxnation Backiii,.-)Material r, i� Mrc4 ,'JJ. Eobjn of Iextugton, moo.,55o.r a5ett.5 N A FAX PORI ' SELECT BOARD OFFICE PROCLAMATION Whereas: Dr. Burt Perlmutter,who joined the Lexington Board of Health in 1996, is stepping down after serving for 27 years; and Whereas: Dr. Perlmutter joined the Board of Health after an illustrious medial career, serving in the United States Army in Vietnam, as part of an internal medicine practice in Arlington, Massachusetts and as Medical Director at Symmes Hospital in Arlington,Massachusetts; and Whereas: Dr. Perlmutter and his wife,Bobbi, are longtime residents of Lexington,moving here in August of 1969 and raising their three daughters here; and Whereas: Dr. Perlmutter served on the Board of Health as part of his heartfelt civic duty and a with purpose to improve the health of the people of Lexington; and Whereas: Dr. Perlmutter felt that Public Health is more than restaurant inspections and strived to educate and inform residents and Town Officials alike, in such areas as: disease control, preparedness planning, and environmental issues; and Whereas: Dr. Perlmutter's work in preparedness planning during the COVID-19 pandemic, alongside the Fire Chief, is particularly memorable and a major factor that he attributes to the Board of Health having the recognition it deserves, culminating in the creation of the Lexington Health Department. NOW, THEREFORE, WE, THE SELECT BOARD of Lexington, Massachusetts, do hereby recognize and honor Dr. Burt Perlmutter and thank him for his work,not only as a member and Past Chair of the Board of Health, where he oversaw a health assessment conducted by the Health Director,but for all of his work- always done respectfully and graciously for the past 27 years. IN WITNESS WHEREOF, we have set our hands and caused the seal of Lexington to be affixed herewith on the 18th day of September 2023. JOSEPH N.PATO,CHAIR SUZANNE E.BARRY DOUGLAS M.LUCENTE JILL I.HAI MARK D.SANDEEN AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Public Hearing: Review Amendments to the Stormwater Management Regulations* PRESENTER:TER• ITEM S NUMBER: Abby McCabe, Planning Director I.2 SUMMARY: Category: Hearing The Planning Board has been updating their Regulations related to site plan review after the recent zoning amendments for new village and multi-family overlay districts. The Planning Board would like to review s to rmwater while considering red eve to p ment projects on smaller properties. The average lot size in the village and multi-family overlay districts are under and acre and the Planning Board would like to require s to rmwater improvements on redevelopment projects to treat and capture s to rmwater runoff. The proposal is to c o ns o lid ated the s to rmwater review into the Planning Board's Site Plan Review approval. SUGGESTED MOTION: Depending on whether the public hearing is completed in one night, either of the fo llo wing two motions could be considered: Move to approve the amendments to the S to rmwater Regulations, C hap ter 181,Article VI of the Code of Lexington, as presented and attached. OR Move to continue the public hearing to (insert date) at(insert time). FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 9/18/2023 6:45pm ATTACHMENTS: Description Type F) SB Merno Ston-r-nvaler Backul,,)VII.atlerial F) Rom.water plan.n ing recoixiii-nen.datiori.s Backup VII.aterial F) Ston"n.waterari-�ei.,idti,ierits presentation Presentation Town of Lexington a1e PLANNING Abby McCabe, Planning Director DEPARTMENT Sheila Page,Assistant Planning Director 1625 Massachusetts Avenue Moll Belanger, Planner �� y ��'��` Kiruthika Ramakrishnan Planning Coordinator Lexington,MA 02420 g Tel 781 698-4560 planning_glexingtonma.gov www.lexingtonma.gov/planning Memorandum To: Jim Malloy, Town Manager Kelly Axtell, Deputy Town Manager Select Board Members Copy: Kim Katzenback, Executive Clerk From: Abby McCabe, Planning Director Planning Board Members Date: September 12, 2023 Re: Public Hearing on Proposed Amendments to Stormwater Management Regulations Action Requested: A vote of the Select Board is required to adopt any amendments to the Stormwater Management Regulations Chapter 181,Article VI. Lexington presently requires the stormwater report, drainage calculations, maintenance plan, and treatment of stormwater when projects are disturbing more than one acre of land; new dwelling on a vacant lot; replacement of an existing dwelling; special permits; subdivisions; and if a project requires Conservation Commission review. Purpose: Mitigate any potential impacts of stormwater runoff from development by requiring stormwater management improvements when less than an acre of land area is disturb for applications requiring site plan review. The proposed amendments: 1) incorporate stormwater review into the Planning Board's site plan review applications, and 2) lower the threshold for stormwater improvements from one-acre (43,560 sq. ft.) to 10,000 sq.ft. of land disturbance for projects, subject to site plan review with the Planning Board. Impact Departments/Boards: These amendments will add more review time during the Planning Board's permit process for staff and board members. Planning will manage this workload by engaging a professional peer review consultant to perform the technical review. Applicants will pay for the peer review and will need to submit stormwater plans and calculations. The peer review will help the application process move more efficiently through the Planning Board's process. Greater stormwater requirements will ultimately help minimize any potential impacts by designing projects to treat and manage stormwater from a project's conception. Page 1 of 2 Timing: Recent zoning amendments allow development on small lots. Of the 279 parcels in the new Village and Multi-Family Overlay Districts, the average lot size is 35,607 sq. ft. and the median lot size is 12,307 sq. ft., which fall below the current standards for triggering a stormwater review.As proposed amendments are adopted, most site plan review projects would be expected to treat and manage stormwater during the Planning Board's review. Consistency with Select Board Goals: These changes are consistent with Select Board's goals to provide quality municipal services and infrastructure, and maximize sustainability and resilience while mitigating negative climate impacts. Public Outreach: The notice of the Select Board's public hearing was posted with the Town Clerk on August 21, 2023 and published in the Lexington Minuteman on August 31 and September 7, 2023. The Planning Board has also held public meetings on amendments to their Zoning Regulations where stormwater permitting was discussed at their June 28, July 19, August 9, and September 13 Planning Board meetings. The Planning Board offered public comments and residents expressed concern about stormwater with development. Since development can potentially impact the town's waterways, roadways, town stormwater systems, and nearby properties, these changes will assist in minimizing potential impacts. Many communities have lowered the threshold for stormwater permits to less than an acre or when a project requires a Planning Board review. Some other communities that have similar requirements as this proposal are: Burlington, Sudbury,Acton, Newton, Arlington, Natick, and Brewster. 2 10 Revised through September 7, 2023—Planning recommended changes Lexington Code, Chapter 181, Article VI STORMWATER MANAGEMENT REGULATIONS § 181-69. General Provisions........................................................................................................................................1 A. Purpose&Authority...............................................................................................................................1 B. Adoption&Amendment........................................................................................................................1 C. Effective Date.........................................................................................................................................1 § 181-70.Definitions.....................................................................................................................................................1 § 181-71.Applicability&Project Classification...........................................................................................................2 A. Applicability............................................ B. Project Classification..............................................................................................................................2 § 181-72.Administrative Procedures and Requirements ..............................................................................................3 A. Permit Required......................................................................................................................................3 B. Stormwater Management Permit Application........................................................................................3 C. Entry on Land.........................................................................................................................................4 D. Fees.........................................................................................................................................................4 E. Permit Application Review Procedures..................................................................................................5 F. Changes to Approved Plans....................................................................................................................7 G. Project Completion.................................................................................................................................7 H. Expiration of Stormwater Management Permit......................................................................................7 § 181-73. Stormwater Management Performance Standards.........................................................................................7 A. Minimum Performance Standards...................................................................... .............................. 7 B. Additional Design Criteria......................................................................................................................7 § 181-74.Erosion Control Performance Standards.......................................................................................................9 A. Erosion and Sediment Control Design Criteria......................................................................................9 § 181-75. Stormwater Management Plan Contents.....................................................................................................11 A. Project Narrative...................................................................................................................................11 B. Project Drawings and Specifications....................................................................................................11 C. Erosion and Sediment Control Plan......................................................................................................12 D. Operation and Maintenance Plan.......................................... § 181-76. Construction Implementation&Monitoring...............................................................................................13 A. Surety....................................................................................................................................................13 B. Inspections.............................................................................................................. C. Inadequacy of System...........................................................................................................................16 § 181-77.Project Completion......................................................................................................................................17 A. "As-Built"Plans...................................................................................................................................17 B. Certificate of Completion................................................................................... .................................17 § 181-78. Ongoing Inspection and Maintenance........... A. Maintenance Inspections......................................................................................................................18 B. Right-of-Entry for Inspection............................................................................... ..............18 .................. C. Records of Inspections and Maintenance,Repair,Replacement and Disposal Activities....................19 D. Failure to Maintain...............................................................................................................................19 § 181-79.Waivers.......................................................................................................................................................19 § 181-80.Enforcement................................................................................................................................................20 A. Notices and Orders...............................................................................................................................20 B. Purchase,Inheritance, or Acquisition of Property................................................................................20 C. Fines.....................................................................................................................................................20 D. Remedies Not Exclusive.......................................................................................................................21 § 181-81. Severability.................................................................................................................................................21 i Revised through September 2023—Planning recommended changes go APPENDIX A: DEFINITIONS...................................................................................................................................22 APPENDIX B: LOW-IMPACT DEVELOPMENT PRACTICES..............................................................................26 APPENDIX C: STORMWATER MANAGEMENT PLAN CONTENTS.................................................................26 APPENDIX D:EROSION AND SEDIMENT CONTROL PLAN CONTENTS.......................................................30 APPENDIX E: EXAMPLE INSPECTIONS AND MAINTENANCE CERTIFICATION FORM............................32 i 10 Revised through September 7, 2023—Planning recommended changes Chapter 18 1, Article VI STORMWATER MANAGEMENT REGULATIONS Adopted September 26, 2016 by the Board of Selectmen § 181-69. General Provisions A. Purpose &Authority The purpose of these Regulations is to protect, maintain and enhance the public safety, environment, health, and general welfare by establishing minimum requirements and procedures to control the adverse effects of soil erosion and Sedimentation, construction Site Runoff, increased Post-Development Stormwater Runoff, decreased Groundwater Recharge, and nonpoint source pollution associated with new development, redevelopment or other land alterations. These Regulations are not intended to interfere with, abrogate or annul any other bylaw, rule or regulation, statute, or other provision of law, including, without limitation, Chapter 114 of the Code of the Town of Lexington (the "Stormwater Management Bylaw"). The requirements of this chapter should be considered minimum requirements, and where any provision of this chapter imposes restrictions different from those imposed by any other bylaw,rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall take precedence. B. Adoption &Amendment The following Regulations are hereby adopted by the Board of Selectmen, acting as the Stormwater Authority, as provided in the Stormwater Management Bylaw. The Stormwater Agency shall enforce this chapter and resulting regulations, orders, violation notices, and enforcement orders, and may pursue all civil and criminal remedies for such violations and waive strict compliance with any requirement of these Regulations. C. Effective Date These amended Regulations shall take effect on Finsert date of adoption, ----- , . A copy of these regulations shall be filed with the office of the Town Clerk, with appropriate endorsements, including (1) the date of adoption, the (2) date filed with the Town Clerk and(3) any amendments. § 181-70. Definitions The definitions contained in Appendix A of these Regulations apply to the issuance of a Stormwater Management Permit established by the Stormwater Management Bylaw and implemented through these Stormwater Management Regulations. Terms not defined in these Regulations or in the Stormwater Management Bylaw shall be construed according to their customary and usual meaning unless the context indicates a special or technical meaning. IInn ® a, a� Page 1 10 Revised through September 7, 2023—Planning recommended changes § 181-71. Applicability & Project Classification A. Applicability These Regulations apply to all activities governed by the Stormwater Management Bylaw as described below: (1) Any activity that results in a Land Disturbance of greater than one acre of land, or any activity that disturbs less than one acre of land if that project is part of a larger Common Plan of Development that will disturb a total of more than one acre of land; or (2) A new dwelling on a vacant lot, a new dwelling replacing an existing dwelling, or the reconstruction of an existing dwelling that is demolished to the extent of 50% or more of its replacement cost, as determined by the Building Commissioner or designee; or (3) Any development project that: (a) Requires a special permit or _ ite plan review; or (b) Requires approval of a definitive plan under the Subdivision Control Law. Stormwater discharges that are wholly subject to jurisdiction under the Wetlands Protection Act or Chapter 13 0 of the Code of the Town of Lexington,the Wetland Protection Bylaw,and demonstrate compliance with the Massachusetts Storm Water Management Standards as most recently revised and updated in accordance with revisions to the wetlands regulations, 310 CMR 10.00, and as reflected in an order of conditions or in a determination of applicability issued by the Conservation Commission are exempt from compliance with the Stormwater Management Bylaw and the remainder of these Regulations. B. Project Classification Activities subject to these Regulations are referred to as Projects, Projects fall into one of two classifications; Above Threshold Projects and Below Threshold Projects. (1) Above Threshold Project Classification: Any activity governed by the Stormwater Management Bylaw that(1)results in a Land Disturbance greater than or equal to one acre, of (2) is part of a larger Common Plan of Development that eventually will disturb more than one acre of land or (3) 10,000 square feet of land area is considered an Above-Threshold Project. Activities governed by the Stormwater Management Bylaw that are Above-Threshold Projects shall be consistent with these regulations in their entirety. (2)-(2)Below Threshold Project Classification: Any activity governed by the Stormwater I Management Bylaw, but which (1) results in a Land Disturbance less than one acre, and(2) that is not part of a larger Common Plan of Development that eventually will disturb more than one acre of land is a Below-Threshold Project, Y requires site plan review and will area.disturb less than 10,000 square feet of land Projects governed by the Stormwater Management Bylaw that are Below-Threshold Projects shall be consistent with .1 1 10 Revised through September 7, 2023—Planning recommended changes performance standards identified in Section 181-74. Below-Threshold Project Applicants shall only be required to submit the materials described in Section 181-72 B (2), and shall not be required to comply with the remaining Administrative Procedures and Requirements in Section 181-72. § 181-72. Administrative Procedures and Requirements A. Permit Required (1) Projects that meet the applicability criteria of the Lexington Stormwater Management Bylaw shall require either a Stormwater Management Permit in accordance with these Regulations Site Plan Review under § . . (2) No Land Disturbance activity shall occur until a permit has been issued hereunder and conditions of approval have been met. �&No landowner or responsible party shall receive any building or other land development permits required for Land Disturbance activities without first meeting the requirements of the Bylaw and these Regulations prior to commencing the proposed activity. ,,(,3)(41)...................................."I'l""I'll""I'll'll""I'll""I'lI.....................................For site plan review projects, the stormwater management permit shall be consolidated into the Planging Board's site plan review Uproval and no separate stormwater permit from the Stormwater Agency is required. B. Stormwater Management Permit Application .o An application for a Stormwater Management Permit shall include the materials specified in this section. Additional copies may be requested by the Stormwater Agency. (1) For Above-Threshold Projects, as defined in Appendix A, the Applicant shall file with the Stormwater Agency, three (3) copies of a completed application package for a Stormwater Management Permit. Each copy of the completed Stormwater Management Permit Application package shall include: (a) An Application Form with original signatures of all property owners as well as the Applicant signature if the Applicant is not a property owner; (b) Projections of dates of commencement and completion of construction activities; (c) Payment of the application and other applicable fees; (d) A list of Abutters certified by the Assessor's Office, to be used by the Applicant to provide notice; (e) A list of requested waivers, if applicable. Such a request shall be accompanied by an explanation or documentation and as described in Section 181-79; (f) A Stormwater Management Plan; (g) An Erosion and Sediment Control Plan; Revised through September 2023—Planning recommended changes 10 f A0393913.2} Page 3 (h) An Operation and Maintenance (O&M) Plan; (i) Above-Threshold Projects subject to the National Pollution Discharge Elimination System(NPDES)General Permit for Storm Water Discharges from Construction Activities ("Construction General Permit") shall also submit the following with their application unless otherwise waived under 40 CFR § 122.26(b)(15)(i): [I] A Copy of the Notice of Intent to comply with the Construction General Permit; and [2] A Copy of receipt of EPA Authorization letter and tracking number. (j) A surety bond, if required, consistent with Section 181-76 of these Regulations. (2) For Below-Threshold Projects, Applicants shall submit an Erosion & Sediment Control Plan, consistent with performance standards identified in Section 181-74, directly to the Town of Lexington Building Department during application for Residential or Commercial Building Permits. Successful application of and acquisition of a Town of Lexington Building Permit will constitute compliance of Below-Threshold Project Applicants with these Regulations. C. Entry on Land By filing an application for a Stormwater Management Permit, the property owner grants the Stormwater Agency and its agents, officers, and employees permission to enter the Site to verify the information in the application and to inspect for compliance after issuance of the Stormwater Management Permit, including the making of such examinations, surveys, or sampling as the Stormwater Agency deems necessary for such inspections, subject to the constitutions and laws of the United States and the Commonwealth. D. Fees For an Above-Threshold Project, an Applicant shall pay with each submission of an application an Application Fee to cover expenses connected with the administration of and review of the Stormwater Management Permit and a Technical Review and Inspection Fee sufficient to cover professional services. The Stormwater Agency is authorized to retain a Registered Professional Engineer or other professional consultant to advise the Agency on any or all aspects of these applications. Applicants must pay Application and applicable Technical Review and Inspection fees before the review process may begin. Fees shall be calculated as follows: . Application Fees for Above Threshold Projects: (a) All projects subject to the Stormwater Management Bylaw: A non-refundable fee of$0.01 per square foot of the project disturbed area to be permitted, up to a maximum of $15500.00. Revised through September 7,2023—Planning recommended changes (b)Permit Extensions/Modifications: Anon-refundable fee of$100.00. (2) Technical Review and Inspection Fees for Above Threshold Projects: (a) In addition to the above fees, the Stormwater Agency is authorized to require an Applicant to pay a fee for the reasonable costs and expenses for specific engineering and other consultant services deemed necessary by the Stormwater Agency. Payment of such fees may be required at any point in the review and inspection process prior to final Certificate of Completion. The initial amount of this technical review fee shall be five thousand dollars ($5,000.00). The final amount shall be determined by the Town Engineer. If the actual cost incurred by the Town for review of said application is less than the amount on deposit as specified above, the Stormwater Agency shall authorize that such excess amount be refunded to the Applicant concurrently with final action on said application (b) Such fee shall be held in a revolving fund by the Stormwater Agency,to be used to engage independent consultants should the Stormwater Agency determine necessary,based on the characteristics or complexity of the issues raised by the application and/or construction. Such fee shall be governed and administered in accordance with G.L. c.44 § 53G. (c) If prior to Certificate of Completion issuance,the Stormwater Agency finds that the initial deposit is not sufficient to cover actual costs incurred by the Town during the review of the application, the Applicant shall be required to submit forthwith such additional amount as is deemed required by the Stormwater Agency to cover such costs. The Stormwater Agency shall notify the Applicant of such additional amount in writing. Failure to submit such additional amount as required within fourteen (14) days of receipt of said notice shall be deemed reason to deny said application. (d) The Stormwater Agency reserves the right to waive or discount its fees at its discretion. E. Permit Application Review Procedures The Stormwater Agency shall review all applications for a Stormwater Management Permit for completeness. If the Stormwater Agency determines that the application is not complete, the Agency will notify the Applicant in writing, within twenty-one (21) days of receipt of the application, what additional information is required. The permit application review procedures are as follows: Revised through September 7,2023—Planning recommended changes Pre-Application Meeting (recommended for Above-Threshold Projects only) Prior to submittal of an application, the Applicant may request aPre-Application meeting. The Stormwater Agency shall establish the meeting date during the Town's business hours. The meeting shall be held at the Town's Department of Public Works. The meeting will assist the Applicant in submission of a complete Stormwater Management Permit application. (1)Abutter Notification (required for Above-Threshold Projects only) At the time of application submittal, the Applicant shall provide notice to all Abutters of the application's filing and invite comment to the Agency on said application for a period of seven (7) days. The Agency shall make the application available for inspection by the public during business hours at the Department of Public Works. The Stormwater Agency may, in its discretion, waive this requirement if Abutters have been notified of the same project at other stages of project approval by other Town of Lexington boards or commissions. (2) Final Action The Stormwater Agency shall take final action within twenty-one (21) days of the receipt of a complete application unless such time is extended by agreement between the Applicant and the Stormwater Agency, per subsection 181-72(E)(4) below. The Stormwater Agency's final action, rendered in writing, shall be filed with the Department of Public Works and shall consist of either: (a) Approval of the Stormwater Management Permit Application based upon determination that the proposed plan will adequately protect the water resources of the Town of Lexington and is in compliance with the requirements set forth in these Regulations; (b) Approval of the Stormwater Management Permit Application subject to any conditions, modifications, or restrictions required by the Stormwater Agency which will ensure that the project will adequately protect the water resources of the Town of Lexington and is in compliance with the requirements set forth in these Regulations; or (c) Disapproval of the Stormwater Management Permit Application based upon a determination that the proposed plan, as submitted, does not adequately protect water resources, as set forth in these Regulations, or the application is deemed incomplete. (3) Mutual Extension of Time The required time limits for final action may be extended by written agreement between the Applicant and the Stormwater Agency. A copy of such an agreement shall be filed with the Department of Public Works. (4) Constructive Approval 0 Revised through September 7,2023—Planning recommended changes Failure of the Stormwater Agency to take a final action for an application within twenty-one (21) days of receipt of a complete application shall be deemed to be approval of said Application.Upon certification by the Town Clerk that the allowed time has passed without Stormwater Agency action, the activity may proceed as proposed in the Application. Revised through September 2023—Planning recommended changes Im F. Changes to Approved Plans The Permittee must notify the Stormwater Agency in writing of any significant change or alteration in the system authorized in a Stormwater Management Permit before any such change or alteration is made. If the Stormwater Agency determines within twenty-one (21) days that the change or alteration is significant different in nature or character, it shall require the Applicant to submit an amended application and obtain approval of the change from the Stormwater Agency prior to construction. G. Project Completion At final completion of all Above-Threshold Projects, the Permittee shall request a Certificate of Completion pursuant to the requirements of Section 181-77 of these Regulations. H. Expiration of Stormwater Management Permit A Stormwater Management Permit expires two(2)years after the date of issuance. If the project associated with an approved Stormwater Management Permit granted under the Stormwater Management Bylaw has not been substantially completed within two (2) years of permit issuance, a new permit, or a permit extension may be required by the Stormwater Agency. § 181-73. Stormwater Management Performance Standards A. Minimum Performance Standards Except as expressly provided, Runoff from all Above-Threshold Projects shall meet Standards 1 through 10 of the Massachusetts Department of Environmental Protection's Stormwater Management Standards and Handbook using current Best Management Practices (BMPS) and these Regulations. Where an inconsistency exists between the Massachusetts Stormwater Handbook and these Regulations, the stricter requirement shall apply. B. Additional Design Criteria Landscape Design Performance Standards (.l. Site plans and landscape plans for all proposed projects shall take appropriate steps to minimize water use for irrigation and to allow for natural Recharge of Groundwater.Native species and habitat creating species shall be used in all landscape plans to the maximum extent possible. Invasive species shall not be planted in the Town of Lexington. Hydrological Basis for Design (2) For stormwater facility sizing criteria, the basis for hydrologic and hydraulic evaluation of development and redevelopment Sites are as follows: {A0393913.2} Page 7 Revised through September 7,2023—Planning recommended changes (a) Evaluation and implementation of Low Impact Development (LID) practices is required to the maximum extent practicable. Guidance on these practices is provided in Appendix B and the Massachusetts Stormwater Handbook. (b) The condition and capacity of any existing infrastructure that will be connected to or from the proposed development shall be evaluated. (c) The 24-hour rainfall amounts shall be based on the Northeast Regional Climate Center "Atlas of Precipitation Extremes for the Northeastern United States and Southeastern Canada." (rounded to the nearest one-tenth of an inch). (d) The minimum time of concentration for street drainage shall be five (5) minutes. (e) Water velocities in pipes and gutters shall be between two (2) and ten (10) feet per second, not more than five (5) feet per second on paved surfaces, and not more than four(4) feet per second in vegetated areas. (f) Impervious cover is measured from the Site plan and includes any material or structure on or above the ground that prevents water from infiltrating through the underlying soil (including compacted gravel). (g) Off-Site areas shall be assessed based on their"pre-developed condition"for computing the water quality volume (i.e., treatment of only on-Site areas is required). However, if an off-Site area drains to a proposed Stormwater Management Facility, flow from that area must be accounted for in the sizing of a specific Facility. (h) Off-Site areas draining to a proposed Facility should be modeled as "present condition" for peak-flow attenuation requirements. (i) The length of sheet flow used in time of concentration calculations is limited to no more than one-hundred (100) feet. (j) Detention time shall be computed as the time between the center of mass of the inflow hydrograph and the center of mass of the outflow hydrograph. For purposes of choosing a Runoff Curve Number, all pervious lands in the Site shall be assumed prior to development to be in "good" hydrologic condition regardless of conditions existing at the time of computation. (k) Proposed residential, commercial, or industrial subdivisions or ANRs shall apply these Stormwater Management criteria to the land development as a whole. Individual lots in new subdivisions shall not be considered separate land development projects,but rather the entire subdivision shall be considered a single Common Plan of Development. Hydrologic parameters shall reflect the ultimate land development and shall be used in all engineering calculations. n0393913.2} Page 8 Revised through September 2023—Planning recommended changes 90 (1) Retain the volume of runoff equivalent to, or greater than, 1.0 inch multiplied by the total post-construction impervious surface area on the redeveloped site, including any directly connected impervious area draining onto the redeveloped site; AND/OR (m)Remove 90% of the average annual load of Total Suspended Solids generated from the impervious area on the site; and (n) Remove 60% of the average annual load of Total Phosphorus (TP) generated from the total area on the site. (3) Discharges to Water Quality Impaired Waters The Applicant must determine whether stormwater discharges from the proposed Site will contribute, either directly or indirectly, to the impairment of an impaired water body with or without approved total maximum daily load. The Massachusetts Integrated List of Waters is published every two years and shall be the reference for determination of water body impairment listings. Stormwater management facilities and non-structural stormwater BMPS shall be selected that will control the discharge of the pollutant(s) identified as causing the impairment. § 181-74. Erosion Control Performance Standards A. Erosion and Sediment Control Design Criteria .v The following erosion and sediment control performance standards must be met. Except as expressly provided, all Stormwater Management Permit projects shall meet Standards 8 of the Massachusetts Department of Environmental Protection's Stormwater Management Standards and Handbook using current Best Management Practices (BMPS) and these Regulations. Where an inconsistency exists between the Massachusetts Stormwater Handbook and these regulations, the stricter requirement shall apply. (1) Minimize total area of disturbance and minimize unnecessary clearing and Grading from all construction Sites. Clearing and Grading shall only be performed within areas needed to build the project, including structures, utilities, roads, recreational amenities, post- construction stormwater management facilities, and related infrastructure. (2) Prior to any Land Disturbance activities commencing on the Site, the Developer shall physically mark limits of the allowable disturbance on the Site with tape, signs, or orange construction fence, so that workers can see the areas to be protected. The physical markers shall be inspected daily by the Permittee. (3) Erosion and Sediment Control measures shall be installed and maintained in accordance with the manufacturer's specifications and good engineering practices to ensure they perform as intended. (4) Erosion and Sediment Control measures used shall be chosen based on the goal of minimizing Site disturbance from installation of such measures. {A0393913.2} Page 9 IN Revised through September 7,2023—Planning recommended changes (5) Stormwater Runoff velocities shall be minimized to the greatest extent practicable. Increases in Runoff velocities due to the removal of existing vegetative cover during development and the resulting increase in impermeable surface area after development must be taken into account when providing for Erosion Control. (6) Protect disturbed areas from stormwater Runoff. Best Management Practices (BMPS) can be utilized to prevent water from entering and running over the disturbed area. Diversions and other control practices to intercept Runoff from higher watershed areas, store or divert it away from vulnerable areas, and direct it toward stabilized outlets maybe used. (7) Sediment trapping and settling devices shall be employed to trap and/or retain suspended sediments and allow time for them to settle out in cases where perimeter sediment controls (e.g., silt fence and hay bales)are deemed to be ineffective in trapping suspended sediments on-Site. (8) Stormwater management facilities to be used after construction shall not be used as BMPS during construction unless otherwise approved by the Stormwater Agency. Many technologies are not designed to handle the high concentrations of sediments typically found in construction Runoff, and thus must be protected from construction related sediment loadings. (9) Sediment shall be removed once the volume reaches 1/4 to Y2 the height of a perimeter sediment control system. Sediment shall be removed from silt fence prior to reaching the load-bearing capacity of the silt fence which maybe lower than 1/4 to Y2 the height. (10) Sediment from sediment traps or Sedimentation ponds shall be removed when design capacity has been reduced by 50 percent. (11) On and off-Site material storage areas, including construction and waste materials, shall be properly protected and managed. (12) Soil stockpiles must be stabilized or covered at the end of each workday. Stockpile side slopes shall not be greater than 2:1. All stockpiles shall be surrounded by sediment controls. (13) Projects must comply with applicable federal, state, and local laws and regulations including waste disposal, sanitary sewer or septic system regulations, and air quality requirements, including dust and debris control. (14) Interim and permanent stabilization measures shall be instituted on a disturbed area immediately after construction activity has temporarily or permanently ceased on that portion of the Site. Two methods are available for stabilizing disturbed areas: mechanical (or structural) methods and vegetative methods. In some cases, both are combined in order to control erosion. (15) Temporary sediment trapping devices must not be removed until permanent stabilization is established in all contributory drainage areas. {w0393913.2� Page 10 0 Revised through September 2023—Planning recommended changes 9 (16) The duration of the exposure of disturbed areas due to removal of vegetation and/or re-Grading shall be stated in writing in a schedule that will be prepared at the time of application for permit and maintained as part of the project records. (17) Dust control shall be used during Grading operations. Dust control methods may consist of Grading fine soils on calm days only or dampening the ground with water. (18) During construction, all disturbed areas shall be enclosed with compost filter socks in the down gradient direction or in any direction to which erosion can occur. (19) During construction, any Site entrance from a paved, public way shall be improved with a temporary construction entrance built in accordance with the recommendations of the Massachusetts Erosion and Sediment Control Guidelines for Urban and Suburban Areas to prevent soil from being transported onto the street. (20) During construction, catchbasin or other drainage system inlet structures down gradient of the construction entrance shall be protected with silt sacks or other inlet protection device. (21) If the work produces or distributes soil on public or private ways, that soil shall be cleaned up by the responsible party as soon as possible but in all cases within twenty-four (24) hours. (22) If the work causes the discharge of soil to town drainage structures, all affected downstream pipes shall be cleaned by the responsible party within three (3) days. § 181-75. Stormwater Management Plan Contents The application for a Stormwater Management Permit shall include the submittal of a Stormwater Management Plan to the Stormwater Agency for all Above-Threshold Projects. The Stormwater Management Plan shall also contain sufficient information for the Stormwater Agency to evaluate the environmental impact, effectiveness, and acceptability of the measures proposed by the Applicant for mitigating adverse impacts from stormwater Runoff. This plan shall be designed to meet the Massachusetts Stormwater Standards and additional criteria established in these Regulations, and must be submitted with the stamp and signature of a Professional Engineer (PE) licensed to conduct such work in the Commonwealth of Massachusetts. The Stormwater Management Plan shall fully describe the project in drawings, narrative, and calculations and shall include the following: A. Project Narrative Required contents of the Stormwater Management Plan narrative are provided in Appendix C of these Regulations. B. Project Drawings and Specifications {A0393913.2} Page 11 Revised through September 2023—Planning recommended changes 10 Required contents of the Stormwater Management Plan drawings and specifications are provided in Appendix C of these Regulations. C. Erosion and Sediment Control Plan (1) An Erosion and Sediment Control Plan is required at the time of application for all projects. Plan approval by the Stormwater Agency is required prior to any Land Disturbances. The plan shall be designed to ensure compliance with the Stormwater Management Permit, these Regulations,the Massachusetts Stormwater Handbook,and the NPDES Construction General Permit (when applicable). In addition, the plan shall ensure that the Massachusetts Surface Water Quality Standards (314 CMR 4.00) are met in all seasons. (2) If a project requires a Stormwater Pollution Prevention Plan (SWPPP) per the NPDES Construction General Permit, the Applicant must also submit a complete copy of the SWPPP as part of its application for a Stormwater Management Permit. If the SWPPP meets the requirements of the Construction General Permit,it will be considered equivalent to the Erosion and Sediment Control Plan described in this Section. (3) The Erosion and Sediment Control Plan shall contain sufficient information to describe the nature and purpose of the proposed development, pertinent conditions of the Site and the adjacent areas, and proposed erosion and Sedimentation controls. The Applicant shall submit such material as is necessary to show that the proposed development will comply with the design requirements listed below. (4) For larger developments where construction phasing occurs, the Erosion and Sediment Control Plan shall be updated as needed based on changing conditions at the Site. (5) Required contents of the Erosion and Sediment Control Plan are provided in Appendix D of these Regulations. D. Operation and Maintenance Plan (1) An Operation and Maintenance (O&M) Plan is required at the time of application for all Above-Threshold Projects. The O&M Plan shall be designed to ensure (a) compliance with the Permit, these Regulations and the Massachusetts Stormwater Handbook, and(b)that the Massachusetts Surface Water Quality Standards (314 CMR 4.00) are met in all seasons and throughout the life of all of the proj ect's Stormwater Management Facilities. The O&M Plan shall be a stand-alone document, submitted as a digital file, preferably .PDF, in addition to paper copy and shall remain on file with the Stormwater Agency. Compliance with the O&M Plan shall be an ongoing requirement. When applicable, stormwater management easements will be required for all areas used for off-Site stormwater control, unless the Stormwater Agency grants a waiver. To ensure that all stormwater management facilities continue to function as designed, a final O&M Plan shall be submitted prior to issuance of a Certificate of Completion. This Plan shall reflect any modifications made during the permitting process and the Site specific conditions. {A0393913.2} Page 12 Revised through September 2023—Planning recommended changes Im (2) The O&M Plan shall include, at a minimum: (a) The names, addresses and contact information of the property owner(s). (b) The signature(s) of the owner(s). (c) The names, addresses, and contact information of the person(s) responsible for Site operation and maintenance, including how future property owners will be notified of the presence of the stormwater management facilities and the requirement for proper operation and maintenance; if responsibility is contracted to a third party, a copy of the maintenance agreement(s) with said third party must be provided. (d) A plan or map drawn to scale showing the location of the systems and stormwater management facilities including existing and proposed easements, catch basins, manholes/access lids, main, and stormwater management facilities along with the discharge point. (e) A description and purpose of all parcel easements shown on the above-referenced drawing. The Applicant shall record all easements with the Middlesex South Registry of Deeds prior to issuance of a Certificate of Completion. (f) An Inspection and Maintenance Schedule for all stormwater management facilities, including what routine and non-routine maintenance tasks are to be performed, when they are to be conducted, who is to perform them, and to whom to report results. (g) A description and delineation of public safety features. (h) Any other information requested by the Stormwater Agency. (3) Stormwater management facilities and practices included in an O&M Plan shall undergo ongoing inspections to document maintenance and repair needs and ensure compliance with the requirements of the agreement, the Plan and Section 181-78 of these Regulations. At a minimum, inspections shall occur once every year. § 181-76. Construction Implementation & Monitoring For all Above-Threshold Projects, the Applicant shall provide the following: A. Surety I. Stormwater Completion Surety As a condition of issuance of the Stormwater Management Permit, and before the start of any Land Disturbance or construction activity, the Stormwater Agency may require the Applicant to post a surety bond, irrevocable letter of credit, cash, or other acceptable security in an amount sufficient to guarantee completion of the approved Estimated Cost of Construction. {A0393913.2} Page 13 Revised through September 7, 2023—Planning recommended changes The form of the bond shall be approved by the Stormwater Agency, and be in an amount deemed sufficient by the Stormwater Agency to ensure that the work will be completed in accordance with the permit. If the project is phased, the Stormwater Agency may release part of the bond as each phase is completed in compliance with the permit but the bond may not be released to an amount less than fifteen percent (15%) of the original amount until the Stormwater Agency has received the final inspection report as required by Section 181-77 B(1)of these Regulations and issued a Certificate of Completion. This requirement will be considered met if a surety bond that complies with the provisions of this Subsection 181-76(A) has been required by other Town boards or commissions. B. Inspections Construction Site inspections shall be conducted by the Applicant in accordance with the approved Stormwater Management Plan. Noncompliance issues discovered during inspections are the responsibility of the construction Site operator to resolve in a timely manner. k r . Construction Commencement (a) The Applicant shall notify the Stormwater Agency seven (7) workdays prior to the commencement of construction to arrange for an on-Site,pre-construction meeting. The Applicant's technical representative, the general contractor, or any other person with authority to make changes to the project, shall meet with the Stormwater Agency or its representative to review construction sequencing and the permitted plans and their implementation. (b) The Applicant shall maintain a copy of the approved and signed plans and permits for a Stormwater Management Permit, and documentation demonstrating that conditions of approval have been met, including a copy of the approved Erosion and Sediment Control Plan and, if applicable, an EPA Authorization for a NPDES General Permit for Storm Water Discharges from Construction Activities (Construction General Permit) on the construction Site at all times. (2) Inspections by Applicant (a) To ensure Erosion Control practices are in accord with the filed Erosion and Sediment Control Plan, the Applicant or an authorized representative will conduct Erosion and Sediment Control Inspections at least once every fourteen(14)calendar days,and within 24 hours of the end of a storm event of 0.25 inches or greater, from the start of construction until the Site is permanently stabilized. Inspection frequency may be reduced to once a month if the Site is temporarily stabilized, Runoff is unlikely due to winter conditions (e.g., Site is covered with snow, ice, or the ground is frozen), or, if construction is occurring during seasonal dry periods. The Applicant shall obtain {A0393913.2} Page 14 Revised through September 7,2023—Planning recommended changes approval from the Stormwater Agency for any change in inspection frequency, including termination of inspections due to Site stabilization. (b) Erosion and Sediment Control Inspections must include all areas of the Site disturbed by construction activity and areas used for storage of materials that are exposed to precipitation. The individual conducting the inspection must look for evidence of, or the potential for, pollutants entering the storm water Conveyance system. Sedimentation and Erosion Control measures identified in the Erosion and Sediment Control Plan must be observed to ensure proper operation. Discharge locations must be inspected to ascertain whether Erosion Control measures are effective in preventing significant impacts to waters of the Commonwealth of Massachusetts and United States, where accessible. Where discharge locations are inaccessible, nearby downstream locations must be inspected to the extent that such inspections are practicable. Locations where vehicles enter or exit the Site must be inspected for evidence of off-Site sediment tracking. (c) For each Erosion and Sediment Control Inspection, an inspection report must be completed within 24 hours of the inspection by the Site owner or an authorized representative. The inspection report shall be consistent with construction inspection reporting outlined in the Construction General Permit and shall include the following information, as a minimum: [1] Name, date, and signature of Qualified Inspector; [2] Weather information and a description of any discharges occurring at the time of the inspection; [3] Weather information for the period since the last inspection (or since commencement of construction activity if the first inspection) including a best estimate of the beginning of each storm event, duration of each storm event, approximate amount of rainfall for each storm event (in inches), and whether any discharges occurred; [4] Location(s) of discharges of sediment or other pollutants from the Site; [5] Location(s) of Best Management Practices (BMPS) that need to be maintained and a description of the need for maintenance; [6] Location(s) of BMPS that failed to operate as designed or proved inadequate for a particular location, and/or location(s) where additional BMPS are needed that did not exist at prior inspection; and [7] Corrective action required including any changes to the Stormwater Management Plan necessary and implementation dates. n0393913.2} Page 15 Revised through September 7,2023—Planning recommended changes (d) A Stormwater Management Facility inspection by the Applicant's Certifying Professional Engineer, shall be made during construction of the stormwater management system. (e) The Applicant shall conduct a final inspection near project completion to ensure temporary controls have been removed, stabilization is complete, and final conditions adhere to approved Site plans. (f) A record of each inspection and of any actions taken must be retained by the Applicant for at least three (3) years. The inspection reports must identify any incidents of non- compliance with the permit conditions. Where a report does not identify any incidents of non-compliance, the report must contain a certification that the construction project or Site is in compliance with this permit. (g) If a project requires a SWPPP per the NPDES Construction General Permit, the Applicant must submit all inspection reports completed under that SWPPP to the Stormwater Agency. Town Inspections. (a) At their discretion, the Stormwater Agency (or their assigns) may conduct periodic inspections of the project, to ensure compliance with the conditions of the Stormwater Management Permit. (b) All inspection reports conducted by the Applicant shall be made available during Town inspections. (c) Additional inspections may be conducted as needed if chronic deficiencies are identified. C. Inadequacy of System (1) The Stormwater Agency reserves the right to require corrections or improvements to a stormwater management system after issuance of any Stormwater Management Permit based on the system's performance under actual storm conditions. If the stormwater management system is found by the Stormwater Agency to be inadequate by virtue of physical evidence of operational failure, even though it was built in accordance with the Stormwater Management Plan, it shall be corrected by the Applicant before the Certificate of Completion is released. If the Applicant fails to act, the Stormwater Agency may use the surety bond required pursuant to § 181-76 to complete the work. (2) If the Stormwater Agency determines that there is a failure to comply with the plan, the property owner shall be notified in writing of the nature of the violation and the required corrective actions.A Stop Work Order shall be issued until any violations are corrected and all work previously completed has received approval by the Stormwater Agency. {A0393913.2} Page 16 Revised through September 2023—Planning recommended changes Im § 181-77. Project Completion For all Above-Threshold Projects, the Applicant shall provide the following: A. "As-Built" Plans (1) Within ninety (90) days of completion of the project, the Applicant shall submit as-built record drawings. A Registered Land Surveyor must prepare as-built plans that show the "as-built" conditions, including all final grades. All changes to project design shall be indicated in red on plans (or otherwise noted). All work deleted, corrections in elevations, and changes in materials, shall be shown on the as-built drawings and explained in writing. A Registered Professional Engineer shall certify conformance with the plan, and/or identify deviations, if any, from the Stormwater Management Permit. (2) As-built plans shall be submitted electronically to the Stormwater Agency. File format shall be the AutoCAD DWG format and consistent with the current Standard for Digital Plan Submission to Municipalities,published by the Commonwealth's Office of Environmental Information (MassGIS) unless otherwise indicated by the Stormwater Agency. (3) As-built plans shall, at a minimum, include the following information: (a) Limit of work; (b) Post-construction topography; (c) Finished grades of all structures; (d) Invert elevations of all stormwater structures; (e) All surface materials, structures, pavement, utilities; and (f) Off-Site alterations. B. Certificate of Completion 0-) Upon completion, the Applicant is responsible for certifying that the completed project is in accordance with the approved plans and specifications by submitting the following material to the Stormwater Agency: (a) Certification by a Registered Professional Engineer that the stormwater management facilities have been installed and are functioning according to the approved Stormwater Management Permit; (b) As-built plan, stamped by a Registered Land Surveyor and electronic copy, submitted no later than ninety (90) days after completion of construction, in accordance with Section 181-77 of these Regulations; (c) Documentation on compliance with all permit conditions; (d) Final Operation & Maintenance Plan; (e) Maintenance contracts in place (if required); and (f) Certified copy of the Stormwater Management Permit and all necessary easements have been recorded at Registry of Deeds. {A0393913.2} Page 17 IN Revised through September 7, 2023—Planning recommended changes (2) The Stormwater Agency will issue a letter to the Permittee, certifying completion upon receipt and approval of the final inspection and reports and/or upon otherwise determining that all work of the Stormwater Management Permit has been satisfactorily completed in conformance with the Stormwater Management Bylaw and these Regulations. § 181-78. Ongoing Inspection and Maintenance For all Above-Threshold Projects,the owner of the property on which work has been done pursuant to these Regulations, or any other person or agent in control of such property, shall maintain in good condition and promptly repair and restore all stormwater management Facilities. Such repairs or restoration and maintenance shall be in accordance with approved O&M plan. The Town of Lexington will not accept ownership of stormwater BMPS located outside of street rights of way, and the maintenance of such facilities shall remain the permanent responsibility of the Applicant or his successors and/or assigns. The owner of the property on which work has done pursuant to these regulations for private Stormwater Management Facilities, or any other person or agent in control of such property, shall maintain in good condition and promptly repair and restore all Stormwater Management Facilities in accordance with the O&M Plan and all other applicable approved plans, and all applicable laws. A. Maintenance Inspections The property owner responsible for the operation and maintenance of stormwater management facilities shall retain a Qualified Inspector who shall submit, on an annual basis by January 1 st of each year, a written certification to the Stormwater Agency documenting that work has been done to properly operate and maintain the stormwater management facilities consistent with the approved O&M plan. The property owner responsible for the operation and maintenance of a stormwater management system shall prepare records of the all maintenance and repairs, using the example inspection and maintenance form included in Appendix E of these Regulations. (.1. Maintenance inspections shall include consideration of the condition of: (a) Pretreatment devices; (b) Vegetation or filter media; (c) Fences or other safety devices; (d) Spillways, valves, or other control structures; (e) Embankments, slopes, and safety benches; (f) Reservoir or treatment areas; (g) Inlet and outlet channels and structures; (h) Underground drainage; (i) Sediment and debris accumulation in storage and fore bay areas (including catch basins); (j) Any nonstructural practices; and (k) Any other item that could affect the proper function of the stormwater management system. B. Right-of-Entry for Inspection {A0393913.2} Page 18 Revised through September 2023—Planning recommended changes Im The terms of the O&M Plan and any maintenance agreement for the implementation thereof shall provide for the Stormwater Agency or its designee to enter the properly at reasonable times and in a reasonable manner for the purpose of inspection in accordance with Section 181-72(C) of these regulations. C. Records of Inspections and Maintenance, Repair, Replacement and Disposal Activities Property owners responsible for the operation and maintenance of stormwater management facilities shall prepare records of the installation and of all inspections, maintenance, repairs, replacement, and disposal activities, and shall retain the records for at least five years. These records shall be made available to the Stormwater Agency during inspection of the facility and upon request. For disposal, the record must indicate the type of material, quantity of material, and disposal location. D. Failure to Maintain After notification is provided to the signatories to the Maintenance Agreement of any deficiencies discovered from an inspection of a Stormwater Management System, the owner of the property shall have 30 days (which time may be extended by the Stormwater Agency) to correct the deficiency. The Stormwater Agency shall then conduct a subsequent inspection to ensure completion of repairs. § 181-79. Waivers A. The Stormwater Agency may, at its sole discretion, waive strict compliance with any requirement of the Stormwater Management Bylaw and these Regulations, where it makes a written finding that such action is: (1) allowed by federal, state and local statutes and regulations; (2) in the public interest; and (3) consistent with the purpose and intent of the Town of Lexington Stormwater Management Bylaw and these Regulations. B. Any Applicant shall submit a written request to be granted such a waiver. Such a request shall be accompanied by an explanation or documentation supporting the waiver request and demonstrating that strict application of the Bylaw does not further the purposes or objectives of the Bylaw. C. If in the Stormwater Agency's opinion, additional time or information is required for review of a waiver request,the Stormwater Agency may request consent of the Applicant in extending the time for collection of additional information. In the event the Applicant objects to a continuance, or fails to provide requested information, the waiver request shall be denied. D. Waivers described herein shall not constitute an exemption from any other applicable Federal, State, or local permitting requirements. {A0393913.2} Page 19 Revised through September 2023—Planning recommended changes 10 § 181-80. Enforcement The Stormwater Agency, or an authorized agent of the Agency, shall enforce the Bylaw, Regulations, orders, violation notices, and enforcement orders, and may pursue all available civil, criminal and non-criminal remedies for such violations. A. Notices and Orders The Stormwater Agency may issue a written notice of violation or an enforcement order to enforce the provisions of the Stormwater Management Bylaw and the Regulations, which may include requirements to: (a) Suspend or revoke any Stormwater Management Permit; (b) Cease and desist construction or Land Disturbances until the Stormwater Agency certifies compliance with the Bylaw and the Stormwater Management Permit; (c) Repair, maintain, or replace the stormwater management system or portions thereof in accordance with the O&M Plan; (d) Perform monitoring, analyses, and reporting; and/or (e) Repair adverse impact resulting directly or indirectly from malfunction of the stormwater management system. (2) The suspension or revocation of the Permit shall not relieve the Applicant of his obligation there under except at the discretion of the Stormwater Agency. (3) If the Stormwater Agency determines that abatement or remediation of adverse impacts is required, the order may set forth a deadline by which such abatement or remediation shall be completed. B. Purchase, Inheritance, or Acquisition of Property Any person who purchases,inherits or otherwise acquires real estate upon which work has been done in violation of the provisions of the Stormwater Management Bylaw and these Regulations, or in violation of the approved Plans under this Section shall forthwith comply with any such Order, and restore such real estate to its condition prior to such violation, as the Stormwater Agent deems necessary to remedy such violation. C. Fines Any person who violates any provision of the Town of Lexington Stormwater Management Bylaw, these Regulations, or order or permit issued there under, may be fined up to $300 per offense. Each day that such violation occurs or continues shall constitute a separate offense. As an alternative to criminal prosecution or civil action, the Stormwater Agency may choose to use the non-criminal disposition procedure set forth in G.L. c. 40, § 21 D and § 1-6 of the Code of the Town of Lexington. {A0393913.2} Page 20 Revised through September 2023—Planning recommended changes IM D. Remedies Not Exclusive The remedies listed in the Stormwater Management Bylaw and these regulations are not exclusive of any other remedies available under any applicable federal, state, or local law. § 181-81. Severability The invalidity of any section, provision,paragraph, sentence, or clause of these Regulations shall not invalidate any other section, provision,paragraph, sentence or clause thereof, nor shall it invalidate any permit or determination that has been previously issued. {A0393913.2} Page 21 Revised through September 7,2023—Planning recommended changes APPENDIX A: DEFINITIONS ABOVE-THRESHOLD PROJECT—Any activity governed by the Stormwater Management Bylaw that (1) results in a Land Disturbance greater than or equal to one acre, of(2)that-is part of a larger Common Plan of Development that eventually will disturb more than one acre of land, or (3) requires site plan review and will disturb more than 10!,000 square feet of land area. ABUTTER — A property owner (a) directly abutting a proposed project (b) across a public or private street from a proposed project or (c) abutting an Abutter if such is within 300 feet of the proposed project Limit of Disturbance. APPLICANT—A property owner or agent of a property owner who has filed an application for a Stormwater Management Permit. BEST MANAGEMENT PRACTICES (BMPS) — Structural, nonstructural, and managerial techniques that are recognized to be the most effective and practical means to prevent and/or reduce erosion, provide sediment control and promote stormwater quality and protection of the environment. Structural BMPS are often constructed as temporary structures to control Site Sedimentation. "Nonstructural" Best Management Practices use natural measures to reduce pollution levels, do not require extensive construction efforts, and/or promote pollutant reduction by eliminating the pollutant source. Nonstructural Best Management Practices include managerial techniques that focus on the preservation and protection of natural features. BELOW-THRESHOLD PROJECT — Any activity governed by the Stormwater Management Bylaw, but which (1) results in a Land Disturbance less than one acre, and (2) that is not part of a larger Common Plan of Development that eventually will disturb more than one acre of land. CERTIFICATE OF COMPLETION(COC)—A document issued by the Stormwater Agency after all construction activities have been completed which states that all conditions of an issued Stormwater Management Permit have been met. COMMON PLAN OF DEVELOPMENT — Any announcement or piece of documentation (including without limitation a contract,public notice or hearing, advertisement, drawing, plan, or permit application) or physical demarcation (including without limitation boundary signs, lot stakes, surveyor marking) indicating imminent or future plans to disturb earth regardless of how many phases or how long it will take to complete said plan. A Site will no longer be considered part of a Common Plan of Development if the following criteria are met: (1) The original plan, including modifications, is substantially completed with less than one acre of the original common plan remaining(i.e., <1 acre of the common plan was not built out at the time); and (2) Work on said Site follows a clear,identifiable period of time of two(2)years or more where there is no construction on the property or other properties that would be part of the same Common Plan of Development, including final stabilization. IA0393913.2 I Page 22 IN Revised through September 7,2023—Planning recommended changes CONVEYANCE Any structure or device, including pipes, drains, culverts, curb breaks, paved swales or man-made swales of all types designed or utilized to move or direct stormwater Runoff or existing water flow. DEVELOPER A person who undertakes or proposes to undertake Land Disturbance activities. DIRECTLY CONNECTED IMPERVIOUS AREA (DCIA)—The portion of impervious area with a direct hydraulic connection to the MS4 or a waterbody via continuous paved surfaces, gutters, pipes and other impervious features such as conventional pavements, sidewalks, driveways, roadways, parking lots, and rooftops. DISCONNECTED IMPERVIOUS AREA—An isolated impervious area with an indirect hydraulic connection to the MS4 or Waters of the Commonwealth. GRADING Changing the level or shape of the ground surface. EROSION CONTROL The prevention or reduction of the movement of soil particles or rock fragments due to stormwater Runoff. EROSION AND SEDIMENT CONTROL PLAN A Stormwater Pollution Prevention Plan as required by the EPA Construction General Permit, or the functional equivalent if a project is not subject to the EPA Construction General Permit. GROUNDWATER All water beneath any land surface including water in the soil and bedrock beneath water bodies. INFILTRATION The act of conveying surface water into the ground to permit Groundwater Recharge and the reduction of stormwater Runoff from a project Site. LAND DISTURBANCE Any action that causes a change in the position, location, or arrangement of soil, sand, rock, gravel, or similar earth material. LOW IMPACT DEVELOPMENT (LID) — A set of strategies that seek to maintain natural hydrologic systems both during and after the development process. This approach is implemented by engineering a Site so that the Post-Development hydrologic functions remain close to predevelopment conditions by using design techniques that infiltrate, filter, store, evaporate and detain stormwater Runoff close to its source. MASSACHUSETTS STORMWATER HANDBOOK (HANDBOOK) The Stormwater Handbook, as amended from time to time,produced by MassDEP and the Massachusetts Office of Coastal Zone Management to be used as guidance for controlling stormwater. Implementation of Stormwater Management Standards shall be in accordance with the Stormwater Handbook. MASSACHUSETTS STORMWATER MANAGEMENT STANDARDS The requirements described in the Massachusetts Stormwater Handbook, as they may be amended from time to time, that address water quality(pollutants) and water quantity(flooding, low base flow and Recharge) {A0393913.2; Page 23 10 Revised through September 7, 2023—Planning recommended changes by establishing standards that require the implementation of a wide variety of stormwater management strategies. These strategies include environmentally sensitive Site design and LID techniques to minimize impervious surface and Land Disturbance, source control and pollution prevention, structural Best Management Practices, construction period erosion and Sedimentation control, and the long-term operation and maintenance of stormwater management systems. The Stormwater Management Standards have been incorporated in the Wetlands Protection Act Regulations, 310 CMR 10.05(6)(k) and the Water Quality Certification Regulations, 314 CMR 9.06(6)(a). MS4 (MUNICIPAL SEPARATE STORM SEWER SYSTEM) — A Conveyance or system of Conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches,man-made channels, or storm drains) designed or used for collecting or conveying stormwater, and which is not a combined sewer, owned or operated by a city or town having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes,that discharges to waters of the United States. NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) — As authorized by the Federal Clean Water Act,the NPDES permit program controls water pollution by regulating point sources that discharge pollutants into waters of the United States. OPERATION AND MAINTENANCE PLAN A plan that defines the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to insure that it continues to function as designed. PRE-DEVELOPMENT The conditions that exist at the time that plans for the land development of a tract of land are submitted to the Stormwater Agency with a Stormwater Management Permit Application. Where phased development or plan approval occurs (preliminary Grading, roads and utilities, etc.), the existing conditions at the time prior to the first plan submission shall establish the Site's Pre-Development conditions. POST-DEVELOPMENT The conditions that reasonably may be expected or anticipated to exist after completion of the land development activity on a specific Site or tract of land. Post- Development refers to the phase of a new development or redevelopment project after completion, and does not refer to the construction phase of a project. QUALIFIED INSPECTOR A person knowledgeable in the principles and practice of erosion and sediment controls and pollution prevention, who possesses the skills to assess conditions at the construction Site that could impact stormwater quality, and the skills to assess the effectiveness of any stormwater management facilities selected and installed to meet the requirements of this permit. The inspector must have a practical knowledge of stormwater hydrology and stormwater management techniques, including the maintenance requirements for stormwater management facilities; and the inspector must have the ability to determine if stormwater BMPS and facilities are performing as intended. RECHARGE The replenishment of underground water reserves. {A0393913.2} Page 24 Revised through September 2023—Planning recommended changes 9 RESOURCE AREA Any area protected under, including without limitation: the Massachusetts Wetlands Protection Act, Massachusetts Rivers Act, or Town of Lexington Wetlands Protection Bylaw. RUNOFF—The water from rain, snowmelt, or irrigation that flows over the land surface that is not absorbed into the ground, instead flowing into streams or other surface waters or land depressions. SEDIMENTATION A process of depositing material that has been suspended and transported in water. SITE —The parcel of land being developed or a designated planning area in which the land development project is located. STOP WORK ORDER An order issued by the Stormwater Agency that requires that all construction activity on a Site be stopped. STORMWATER—Water that accumulates on land because of storms and can include Runoff from urban areas such as roads and roofs. STORMWATER AGENCY — The entity responsible for administering, implementing, and enforcing the regulations adopted by the Stormwater Authority. Section 2 of the Stormwater Management Bylaw designates the Lexington Department of Public Works Engineering Division as the Stormwater Agency. STORMWATER AUTHORITY— The entity responsible for adopting regulations pursuant to the Stormwater Management Bylaw. Section 5(A) of the Stormwater Management Bylaw designates the Lexington Board of Selectmen as the Stormwater Authority. STORMWATER MANAGEMENT FACILITY—A device engineered and constructed to provide permanent storage and/or treatment of Stormwater Runoff. STORMWATER MANAGEMENT PERMIT—A permit issued by the Stormwater Agency, after review of an application, plans, calculations, and other supporting documents, approving a system that is designed to protect the environment of the Town from the deleterious effects of uncontrolled and untreated Stormwater Runoff. {A0393913.2} Page 25 Revised through September 2023—Planning recommended changes 10 APPENDIX B: LOW-IMPACT DEVELOPMENT PRACTICES Low Impact Development (LID) strategies use careful Site design and decentralized Stormwater management based on natural hydrologic features to reduce the environmental footprint of new growth. This approach manages Stormwater at the source to control the generation of Stormwater, improve water quality, and minimize the need for expensive pipe and complex Stormwater BMP systems. Cisterns and rain barrels can be used to harvest and store rainwater Runoff from roofs, which can help reduce flooding and erosion caused by Stormwater Runoff; an added benefit is that the rainwater contains no salts or sediment,providing "soft" chemical- free water for garden or lawn irrigation, reducing water bills, and conserving municipal water supplies. The Massachusetts Stormwater Handbook contains additional information on specific LID alternatives. Conservation Development Like LID, Conservation Development tries to mitigate the Stormwater effects of urbanization,but it places additional emphasis on protecting aquatic habitat and other natural resources. Conservation Development subdivisions are characterized by compact clustered lots surrounding a common open space. Conservation Development's goal is to disturb as little land area as possible while simultaneously allowing for the maximum number of residences permitted under zoning laws. Prior to new construction, conservation Developers evaluate natural topography, natural drainage patterns, soils,and vegetation.They deploy Stormwater Best Management Practices to help prevent flooding and protect natural hydrology. By maintaining natural hydrological processes, Conservation Development creates conditions that slow, absorb, and filter Stormwater Runoff on- Site. Because future development threatens valuable natural features, Conservation Development provides specific provisions for long-term and permanent resource protection. Conservation easements, transfer of development rights, and other "in perpetuity" mechanisms ensure that protective measures are more than just temporary. Better Site Design The goals of Better Site Design are to reduce impervious cover,preserve natural lands, and capture Stormwater on-Site. To meet these goals, designers employ a variety of methods. To reduce impervious cover,they narrow streets and sidewalks,minimize cul-de-sacs,tighten parking spaces, and reduce the size of driveways and housing lots. To reduce Stormwater Runoff, designers preserve natural lands, using them as buffer zones along streams, wetlands, and steep slopes. They employ landscaping techniques that flatten slopes and preserve native vegetation and clusters of trees. They create open channels and vegetated swales - to increase Stormwater Infiltration, helping to protect streams, lakes, and wetlands. Better Site Design is an integral component of Smart Growth management strategies, which emphasize the preservation of green space. APPENDIX C: STORMWATER MANAGEMENT PLAN CONTENTS f A0393913.2} Page 26 Revised through September 2023—Planning recommended changes 10 The Stormwater Management Plan shall be consistent with the Massachusetts Stormwater Management Handbook and shall include, at a minimum: (1)Contact Information. The name, address, and telephone number of all persons having a legal interest in the property and the tax reference number and parcel number of the property or properties affected; (2) A brief narrative description of the project including at a minimum: (a) How and where Stormwater will be controlled, where ultimately Stormwater from the Site will reach Waters of the Commonwealth and whether Runoff will discharge to the Town's MS4; (b) Potential building envelopes avoiding environmental Resource Areas and appropriate buffers; (c) Methods to minimize impervious surfaces, and to protect and preserve open space; and (d) A description of any alternative processes or methods that were contemplated. (3) Location map highlighting the project Site; (4) Existing Conditions Statement: A description of existing Stormwater Conveyances, impoundments, wetlands, drinking water Resource Areas, swimming beaches or other critical environmental Resource Areas, on or adjacent to the Site or into which Stormwater flows; (5) The existing zoning, and land use at the Site and abutting properties; (6) The proposed land use; (7) Stormwater Impact Statement: A brief description of the project, how and where Stormwater will be controlled, including: (a) A description of existing Stormwater Conveyances, impoundments,wetlands, drinking water Resource Areas, swimming beaches or other critical environmental Resource Areas on or adjacent to the Site or into which Stormwater flows; (b) A description of any existing Stormwater Conveyances to be retained and any proposed Stormwater Conveyances, impoundments, wetlands, drinking water Resource Areas, swimming beaches and critical environmental Resource Areas on, or adjacent to, the Site into which Stormwater flows; (c) All measures for the detention, retention, or Infiltration of water; (d) All measures utilized for the protection of water quality; (e) Hydrologic and hydraulic design calculations for the pre- and Post-Development conditions for the design storms specified in these Regulations. Such calculations shall include: [I] Description of the design storm frequency, intensity and duration; {A0393913.2} Page 27 Revised 0 [2] A figure graphically showing Time of Concentration (Tc) paths and Tc number based on existing and proposed grades; [3] Soil Runoff Curve Number(CN)based on land use and soil hydrologic group; [4] Peak Runoff rates and total Runoff volumes for each watershed area; [5] Provisions for maintaining during construction the Infiltration capacity of the soil where Infiltration is proposed; [6] Infiltration rates, where applicable; [7] Culvert capacities, where applicable; [8] Flow velocities; [9] Data on the increase in rate and volume of Runoff for the specified design storms; [10] A calculation of the Directly Connected Impervious Area (DCIA) in square feet and as a percentage of the parcel area; [11] A calculation of the Disconnected Impervious Area in square feet and as a percentage of the parcel area. [12] Documentation of sources for all computation methods and field test results. F'I A summary table describing the existing area (square feet) of impervious area, the proposed area of impervious area, and summary of each Stormwater Management Facility and the proposed area of impervious surface to be treated by said facility (square feet); and g)''1111111111................................................ � table � �. � .,, �., ,,,, , ,�� ., .��„ .� �..., ...,. ..� °"��i.,.0 � 1^. ,,. ..., ..,, Milli, � .,,�,, .. �'„,, ... A s: �iii i i i''I a,t- to b l � _: :� I� :.1::��� �I�,:O a(i ::I I I II ::� ::: � � II� � III.:II�������:::� at i( 12! Wta��� ,p 1i oIII ,, Iiogs, at"ga ............................................................. ........................................................................................................................................................................................................ . ...................................................................................................... i.. ° e .... l m „ .W . . , Y ,m ..p ... e )I�, .1�� ��� �� .t �_�� "�I � � .�.��� I �� � � .��. � �I�� � �, ���II����.�. � �� III m� �:� .I .���1 1 1. III. 1 pl �� ,s 0 :III :II t �: it :ctu::. eti � �.: : 1. I:i � sII��� � ::w:ll � M II : :: ai'i ::, elf i ,: ijiqi �� "III I ii, �... .. � . `6��11)1 (g)(h) Soils and soil test pit information consistent with testing protocol outlined in the Massachusetts Stormwater Management Handbook. (8) The Project Drawings shall be consistent with requirements in the Construction General Permit, where applicable, and shall include, at a minimum: (a) Project name; (b) Legend, North Arrow and Scale (include both a scale bar and scale text); (c) Benchmark data, including reference to the starting benchmark; (d) Date of submission and, if applicable, any revision date(s); (e) Names and addresses of the professional engineer and land surveyor who prepared the plans; (f) Existing and Proposed Site Conditions containing: [I] Parcel boundaries/property lines; [2] Names of Abutters; [3] Location(s) of existing and proposed surfaces and structures; [4] Existing and proposed topography at 1-foot intervals; [5] Existing Site hydrology and soil types; [6] Delineation of any flood plains, if applicable; [7] Location(s) of existing easements, existing easements to be retained, and proposed easements; [8] Location(s) of existing and proposed utilities; [9] Stormwater management facilities and non-structural BMPS; and 0 Revised through September 2023—Planning recommended changes 9 [10] As necessary, the details of the drainage system components, including stabilization and management techniques to be used with and/or adjacent to any Stormwater practice. {A0393913.2} Page 28 10 Revised through September 7, 2023—Planning recommended changes (g) Pre- and Post-Construction Drainage Area Drawing(s) containing: [I] Pre- and post-construction drainage areas; [2] A delineation of existing, existing Stormwater Conveyances to be retained and any proposed Stormwater Conveyances, impoundments, wetlands, drinking water Resource Areas, swimming beaches or other critical environmental Resource Areas on or adjacent to the Site or into which Stormwater flows; [3] Vegetation and ground surfaces (include all impervious cover); [4] Time of concentration(tc); [5] Stormwater flow paths, including municipal drainage system flows; and [6] Location(s)of any test pit(s). Test Pits should coincide with the location(s)of any proposed Stormwater practice(s), including non-structural practices and foundation or perimeter drains. (h)A description and drawings of all components of the proposed Stormwater management system including, at a minimum: [I] Locations, cross sections, and profiles of all brooks, streams, drainage swales, and their method of stabilization; [2] Locations and details for all components of all measures for the Conveyance, detention, retention, or Infiltration of Stormwater, and for the protection of water quality; [3] Notes on drawings specifying materials to be used, construction specifications, supporting calculations; and [4] Proposed improvements including location of buildings or other structures and impervious surfaces, if applicable. (i) Landscaping plan describing the woody and herbaceous vegetative stabilization and management techniques to be used within and adjacent to the Stormwater practice; (j) Stamp and signature of a Professional Engineer (PE) licensed in the Commonwealth of Massachusetts to certify that the Stormwater Management Plan is in accordance with the criteria established in the Stormwater Management and Land Disturbance Ordinance and these Regulations; and (9)Any other information required by the Stormwater Agency. a0393913.2} Page 29 Revised through September 2023—Planning recommended changes Im APPENDIX D: EROSION AND SEDIMENT CONTROL PLAN CONTENTS If a project requires a SWPPP per the Construction General Permit, then the Applicant is required to submit a complete copy of the SWPPP(including the signed Notice of Intent and approval letter) as part of its application for a Stormwater Management Permit. If the SWPPP meets the requirements of the Construction General Permit, it will be considered equivalent to the Erosion and Sediment Control Plan described in this Section. The Erosion and Sediment Control Plan shall be consistent with requirements in the Construction General Permit, where applicable, and shall include, at a minimum: (1) A legible Site map, showing the entire Site, identifying at a minimum: (a) Existing and proposed Grading plans; (b) Locations of all bodies of waters (including wetlands); (c) Direction(s) of Stormwater flow and approximate slopes anticipated after major Grading activities; (d) Areas of soil disturbance and areas that will not be disturbed(limit of work line); (e) Locations of Site access/egress, including applicable sediment control measures; (f) Locations where stabilization practices are expected to occur; (g) Locations where Stormwater discharges to a surface water(include all roads, drains and other structures that could carry Stormwater to a wetland or other water body, on or off- Site); (h) Locations and details of all erosion and sediment control measures, BMPS, and Stormwater management facilities; (i) Locations for storage of materials, waste, vehicles, equipment, soil, snow, and other potential pollutants; (j) Locations of any Stormwater discharge associated with industrial activity; and (k) Locations of any proposed dewatering facilities. (1) The intended sequence and timing of activities that disturb soils at the Site and the general sequence during the construction process in which the erosion and sediment control measures will be implemented; (2) Upon request by the Stormwater Agency, Applicant shall submit Erosion & Sediment Control narratives, calculations or drawings, demonstrating the following: (a) All pollution control measures (structural and non-structural BMPS) that will be implemented as part of the construction activity to control pollutants in storm water discharges. Appropriate control measures must be identified for each major construction activity and the operator responsible for the implementation of each control measure must also be identified; (b) Structural practices to divert flows from exposed soils, retain/detain flows or otherwise limit Runoff and the discharge of pollutants from exposed areas of the Site. Placement of structural practices in floodplains must be avoided to the degree practicable; (c) Interim and permanent stabilization practices for the Site, including a schedule of when the practices will be implemented. Site plans should ensure that existing vegetation is {A0393913.2} Page 30 10 Revised through September 7,2023—Planning recommended changes preserved where possible and that disturbed portions of the Site are stabilized. Use of impervious surfaces for stabilization should be avoided; (d) Construction and waste materials expected to be stored on-Site with updates as appropriate, including descriptions of controls, and storage practices to minimize exposure of the materials to Stormwater, and spill prevention and response practices; (e) Measures to minimize, to the extent practicable, off-Site vehicle tracking of sediments onto paved surfaces and the generation of dust; (f) Measures to prevent the discharge of solid materials, including building materials, to waters of the United States, except as authorized by a permit issued under Section 404 of the Clean Water Act; (g) Pollutant sources from areas other than construction and a description of controls and measures that will be implemented at those Sites to minimize pollutant discharges; (h) Proposed dewatering operations; and (i) A description of all necessary maintenance and inspection activities associated with the proposed erosion and sediment control measures. (3)Any other information required by the Stormwater Agency. {A0393913.2} Page 31 10 Revised through September 7,2023—Planning recommended changes APPENDIX E: EXAMPLE INSPECTIONS AND MAINTENANCE CERTIFICATION FORM f A0393913.2} Page 32 U z Q m O w N O • � rl � cal O0 U � 0 co � N co :D ac +J � o- w Q � ULLJ m � w w w o w � w cc 4-J 0 4-- 4-J 0 -0 CL) 4-J ro V) E- o 0 Ln 0 0 0 — L- +J C: 0 0 +-a U Ln w 0 > L- 4ma E o Ln U > 110 64% 0 -0 0 0 4" 4-J > 00 Ln -1-j 0 Ln > 0 u E O CU cr 0 Ln E 0 • fu - ro QJ > V) E 0 0 Ln u 0 u Q) bn ro 4-J o bD E 0 4-j LZ cr L- C: un -0 E ul UO 4-J U _0 4==J fo a) 0) (1) C L- 0 0L a- (A 4-J ro 0 V) Ln w 2 E 0 V) u 4-J 4-j 4-J ou V) E CL 0 M, Ul (a 0 4-J 4-J ra 0 -0 0 0 u Co E 0 Ln 0 0 0 0 U a) 0) 0 0 V) > L- 4-J L. 0 ul E o 0 U as 4Q 0 u m 0 V) > 4-j 4==J > 0 0 0 C: 0- C: u ac *ma 0 4 0 m 0 E 4-j C: Ln Ln U F Ul 7 MEMO 4-j Ln E E Ln E E -0 u 0 Ln fu u 0 -C 4--J 0 L- m .-� 0 E -1-j 0— m u E > m w L- o E a— L- (3) 0 V) 0 L- < 0 ai 0 CU -0 CD u W 0 W W CO C 0 Ln tw -0 -0 C Q) Ln E ru -- +-; w V) Ul Lnc60 4-j 0 0 un W %AM 0 E u L- u 0 0 0 0 0 0 (U 0- V) �/ r � II 1 /, Itiuuull III ! f, / Ali x� /i /%', � ///i/�� �/,,,,,�%���iiiiiia ,,;,/;; ,� �//�� j //��„,G/r ,� 1. ,, ;,/� /%/ j j m,. //r'/r, ✓%,% �� /Yi 60 v� r t I 4 y n,5 1 f Y�u� axtu / ur muzmxwie pk,lV�"A fMNW 1+'q r�n^'.*w(pyK( I,. 41�, / / NII r "k+ i,�rr 119 22 6 -w wun rl n II p i mg, yr, Ulf cu s l Aij l cu9. �7 CL a miC W Ua a�J a u •z I ~a _ c) I • 4-J cc co cu rCL -0 -0 w w: k— X 0 cJl®d 4-J y c: C: 0 i •M I. ® LL r. � u ro l w2 0 a) E u Li A I,N„A s y..y ai �. CIO r • sLU CIO (Ij L- If 1w L- E :-:e 11), F- LUif N nm ltl 1 # Ln �zn fiiN a J .�.. 0 E a z J�� N N V IJ 0 E ■ • 11 h r. — M ,< 0 W jWJ aJ ® � d� J j d9 W C i! IIJ ■ 0 E RD(.P T ® 6� k5� 0 In w E 4-J ire wa'J AID ��� 0 0 0 0 > r-El (1) 0 4-J (3) u 4-J a MENEM 0 E NEED 0 t, U 0 4- 0 3: V) w 4mi > 0 E Ln 0 (D U E < 0- E NEED M=o 0 IMMIMMINIS 0 Jc 0 MENEM (D -0 un -0 0 0 0 4-J Q. - L. L. 4-J 0 0 0 M u u 0 4-J c MISMIMMEN CIE. 0000mft% C� ONE rMENNI (go ("N4 v) AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Application: Common Victualler License - T.P. Bronx LLC d/b/a Galaray House, 1720 Massachusetts Avenue, Unit 2 PRESENTER:TER• ITEM S NUMBER: Joe Pato, Select Board Chair I.3 SUMMARY: Category:Decision-Making T.P. Bronx LLC d/b/a Galaray House: The Select Board is being asked to approve a request for a Common Victualler License for T.P. Bronx LLC d/b/a Galaray House, 1720 Massachusetts Avenue, Unit 2, for the hours of 7:00am to 9:00pm Sunday through Saturday for seating in a new art gallery and espresso bar. The ap p lic ant has worked with the Department of Public Health, Building Department and Zoning Department for their respective required permits and inspections. The applicant, Molly Rappoli, and her business partner, Ray Ball, will be attending the Select Board meeting via Zoom to answer any questions. SUGGESTED MOTION: Move to (approve/not approve) a Common Victualler License for T.P. Bronx LLC d/b/a Galaray House, 1720 Massachusetts Avenue, Unit 2, for the hours of 7:00am to 9:00pm Sunday through Saturday. FOLLOW-UP: Select Board O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 9/18/2023 7:05pm ATTACHMENTS: Description Type F) Gilaray flouise,Site Plan with Seating I..3,,a(.,,ku]p Matefial Galaray House 1720 Mas,sachusefts,Avenue Lexington,, MA 02420 x E:T x x x SIDE DOOR TO BATHROOM x x x x x x 5 x x x x 0 x x x x FRONT DOOR CHAIRS ESPRESSO BAR BISTRO TABLES TRASH STANDING 1.Three Base Sink/Grease trap* TABLES 2.Handwashing Sink 3.Dishwasher DESK 4.Under Counter Refridgerater 5.Ice machine *We will be installing a small grease trap that will fit under the sink AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Requests for Select Board Support From the Lexington Affordable Housing Trust Board of Trustees PRESENTER: ITEM Elaine Tung& Linda Prosnitz AHT NUMBER: Board of Trustees; Carol Kowals16, Assistant TM for Development I.4 SUMMARY: Category:Decision-Making The Affordable Housing Trust will present its request for CPA funds to support pre-funding the Trust accounts and to explore development potential at existing Town owned property at Lowell and North Streets. Pre-funding the trust would better support the creation of more affordable units more efficiently, which would provide a greater diversity of housing choices in Lexington. SUGGESTED MOTION: To support the Affordable Housing Trust's development of the proposed CPA fund requests in time for the CPC's November 1, 2023, deadline. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 9/18/2023 7:10pm ATTACHMENTS: Description Type F) I SE F'O.R.M.1�'dl�'.`.FING,Presentation........�fuin.dirig an.d.1 ow I.].&Nofth.Street Presenfation. (Parcel 68 4-4) F) Presentation. Pre,4:u n d it)g Presentation F) Prese.n.tation. ("'On.ceptual Scherrx,,Is,1.3a,rcel 68 4.4 Pi.:sentation. F) Support for increasing CPA housing funding ('..over Mlenl(.) ................................................ ................................................ Town of Lexington �X 0 21'w E_' LAND USE HOUSING AND DEVELOPMENT DEPARTMENT 'a t 9 AP ILIkJ Carol M.Kowalski,AICP,ICMA-CM Tel: (781)698-4561 Assistant Town Manager for Development Cell: (781) 860-2219 ckowalski@lexingtonma.gov MEMO TO:Town Manager, Select Board FROM: Carol Kowalski,Assistant Town Manager for Development Cc: Affordable Housing Trust; Liz Rust, RHSO; Mina Makarious,Town Counsel DATE: September 7, 2023 RE: Evaluating Town parcel 68-44 for affordable housing for 9/18 agenda item This memo provides information on Town-owned parcel 68-44, located northeast of Lowell Street at the boundary with the Town of Woburn,to assist in evaluating its potential for affordable housing development, and for consideration of a possible request for CPA Affordable Housing funds. Land Acquisition, Purpose The Select Board was authorized to accept the land as a gift of Route 3 surplus land from the Commonwealth "for conservation, recreation and housing purposes" by Article 50 of the April 26, 1978 Annual Town Meeting Article 50. "Parcel 101" in that Article 50 is parcel 68-44. It has not been designated as conservation land, likely due to its purpose including housing, and is evidently not in Article 97. Town Counsel noted that this would be addressed in the initial title search.Town Counsel also commented that these purposes for the gift of land limit its market value. Housing Trust Chair Elaine Tung and member Bill Erickson met August 2 with the Planning Board Chair Bob Peters and staff from Land Use Housing& Development Department (Planning, Conservation, and Zoning) to present the concept for developing affordable housing on the Lowell Street parcel. Mr. Peters and staff were supportive and discussed the next steps, including a wetlands delineation and a plot plan, and discussed estimated costs for these, and seeking input from affordable housing developers on how many parking spaces they usually include for 1 and 3 bedroom units. First steps Steps that could be taken now to evaluate the feasibility of developing affordable housing on the Lowell Street parcel 68-44 include a wetlands delineation and plot plan to help determine the potential building capacity of the parcel.A wetlands delineation is approximately$2,500, and an existing conditions survey and plot plan range from $9,700- $12,000. In addition,Town Counsel could run the title and perform a Phase I Environmental Assessment.A Phase is a "desktop" evaluation; it does not include any testing or soil sampling, rather, it involves checking the DEP database and anything that is a matter of record, and walking the site for observation,for example. Town Counsel advises that any further required Environmental Assessment phases be the responsibility of the developer as a condition of the development agreement. Zoning: The current zoning of parcel 68-44, Government-Civic, does not allow residential uses. Neither the MBTA Multi-family zoning overlay districts nor the new Special Residential Development (SRD) zoning apply to this parcel. Were the Select Board, with the Housing Trust,to pursue a partnership to develop affordable housing here, Department staff and RHSO Director Liz Rust would recommend a Local Initiative Program (LIP), a type of"Friendly 4013" Comprehensive Permit that requires a Select Board letter of support to the Executive Office of Housing and Livable Communities.A LIP is allowed even in communities whose housing stock is 10%subsidized affordable.A LIP requires a Comprehensive Permit, 1 which application is heard by the Zoning Board of Appeals. Wetlands and Stormwater regulations would also apply to a LIP on this parcel. Development program Affordable Housing Trust member architect Bill Erickson produced conceptual alternatives to assist in evaluating the site's potential. The Town could issue a Request for Proposals seeking an all-affordable housing proposal or a mixed-income alternative. Since the Town owns parcel 68-44, it presents a unique opportunity to seek an all-affordable development with a donation of the land as an important initial subsidy,with a permanent deed restriction. A long-term lease is an alternative for a mixed-income development, but this can make financing housing development lengthy. (Inprivately-owned Lexington locations,the MBTA Multi-family and the SRD zoning will produce market rate, mixed-income housing with an affordable requirement.) Disposition A Town Meeting vote is required to authorize a lease or sale of the land for affordable housing development. It is recommended that at the same time,Town Meeting be asked to authorize the Select Board to procure a development partner through a Request for Proposal for development. Time-line A chart of the sequence of steps is included with this memo. Some of the required steps overlap and could be compressed, depending on Select Board and Town Meeting direction, and the commitment of Town-controlled resources. State financing of affordable housing developments can take multiple rounds, and requires more time than other subsidies and financing sources. In conclusion, I am prepared to assist with a CPA application and providing staff support for the project and the development steps, depending on the Select Board's and the Housing Trust's direction. Lexington's Town Counsel and RHSO Director Liz Rust both have experience with other client communities who have undertaken housing development agreements on Town-owned land.The Housing Trust members have architecture and affordable housing experience. 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'PW Z 'Z .......... .......... .......... CONCEPTUAL I \> I \ 1 \ \ \ \ O FOOL \ \ N , WETLAND ° \ DRY 50 0=0 -T 4 ` / 100 OF \ /PLKWA REA U1111- > >> ° >4 / TOWNHOUSES CONCEPTUAL CONCEPTUAL I \� 1 � \ \ \ n' WETLAND ' DRY 50' O o � / / 100' OF ` o *. Wr SUBsai / `REINFORQEME,t4T / TOWNHOUSES CONCEPTUAL CONCEPTUAL OPEN TO BELOW ❑ Ll ❑ E -1 x ❑ o: nEl El u, i_ ® ON i i BASEMENT FLOOR 348 GFA FIRST FLOOR 1,322 GFA ❑ SECOND FLOOR 830 GFA TOTAL GFA= 2,500 SF FIRST FLOOR PLAN SECOND FLOOR PLAN TOWN HOUSE PLANS UNIT COUNTS 3-BEDROOM TOWNHOUSES 20 TOTAL UNIT COUNT 20 UNITS PARKING COUNTS DRIVEWAY PARKING 6 ON-STREET PARKING 12 FRONT-IN PARKING 9 TOTAL UNIT COUNT 27 UNITS CONCEPTUAL -10 A kp- "k Ile .......... ... ......... ........... uj UJ . ............ iy coo .......... ............... kb .7: 76 ............ . .......... .... .. .... 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CONCEPTUAL I \> WETLAND I \ 1 � � \ \ \ O \ \ \ N k T `> DRY \ Wf SUB8,01L ,\ F©RCEM�NI" , \ 100' OF \ , , , HYBRID TOWNHOUSE / APARTMENT CONCEPTUAL CONCEPTUAL I \� 1 � \ \ \ n' WETLAND K ' DRY YL SEA o 'Wf SUBSOIL �, EINFORCEMENT; � '50' O \\\\�`. `\ ` ® © �`� ✓ 'env ��ccM \ \ 7 i \ 10010 F \\ OFFICE ® '' i HYBRID TOWNHOUSE APARTMENT CONCEPTUAL CONCEPTUAL ❑ ® ❑ ® Fl OF NTO BELOW ❑® ❑ i i tLiff YC 25 -- - - -- i i i I i ❑ m BASEMENT FLOR �4CGFA FIRSTSECON FLCCOR 1,3eEGFA SEC'JNG FLOOR :��FA TOTAL GFA= 2.566SF FIRST FLOOR PLAN SECOND FLOOR PLAN TOWN HOUSE PLANS o 0 0 0 o o UNIT COUNTS 0 0 3-BEDROOM TOWNHOUSES 12 16 3-BEDRM3-BEDROOM APARTMENTS 4 - 2-BEDROOM APARTMENTS 4 1-BEDROOM APARTMENTS 16 0 - TOTAL UNIT COUNT 48 UNITS o v 0 PARKING COUNTS o 0 DRIVEWAY PARKING 6 0 ON-STREET PARKING 12 BELOW APARTMENT(1 st FLR) 31 TOTAL UNIT COUNT 49 UNITS =_ o m cl dam❑ ONE BEDROOM UNIT GFA T EDROOM'J NIT 1.270 2�G GFA THREE EECP.00M JNIT 1,55R GFA TOTAL GFA,/PARKING AND CIRCULATION = 41 SGZ SF APARTMENT PLANS HYBRID — TOWNHOUSE / APARTMENT SCHEME CONCEPTUAL August 29, 2023 To: Select Board At the suggestion of some members of the Community Preservation Committee, I am writing this letter to summarize and elaborate upon the remarks I made at a CPC meeting on Thursday,July 13, 2023. 1 am troubled by the continuing reluctance of suburban communities to allocate more CPA funding for the development community housing.The housing crisis in Massachusetts has been decades in the making, and restrictive land use practices have contributed to the problem by preventing housing development. Now that there is data available about the trends in CPA funding, it can be argued that suburban communities have not seized the opportunity to undo some of the harm caused by the exclusionary zoning in their communities. In June of this year,The Tufts University Center for State Policy Analysis released an analysis of CPA funding over the last two decades entitled "Missed Opportunities: Funding Housing Through the Community Preservation Act." Although the data shows that CPA dollars have helped to finance more than 10,000 new units across Massachusetts since 2000, most of the funding went to housing in urban and rural communities, rather than in suburban communities with the greatest concentrations of wealth and excellent municipal services. Urban and rural communities have spent 52 and 42 percent of their CPA money, respectively, on community housing. Suburban communities, on the other hand, spent 19 percent of their CPA funds to housing, while allocating 52 percent of their CPA resources for open space and recreation projects. The Tufts analysis was recently highlighted in a Boston Globe article entitled, "Local Funds Meant to Support Housing are Sometimes Used to Block It, Report Finds:A New Study Has Found That — Especially in the Suburbs — Community Preservation Act Funds Often Go Toward Open Space, Not Housing."The article includes some examples of suburban communities using their local power to block housing developments by allocating CPA dollars into conservation restrictions on land not previously considered to be appropriate for conservation purposes. A review of spending data in Lexington reveals a similar trend as other suburban communities. Since the inception of CPA in Lexington in 2006, allocations to the four`allowable' spending purposes have been as follows: Historic Preservation: 41.2 Recreation: 24.7 Open Space: 20.2 Community Housing: 13.9 (* Includes Community Center& Cary Hall.) Notably, between 2009 and 2022, when land acquisitions were divided between two uses, Open Space and Community Housing, 49.23 acres were set aside for Open Space while only 1.54 acres were set aside for Community Housing. 1 I believe there is a simple reason for the disparity in the frequency and quality of applications which reach our committee: there are greater institutional ("the Town") resources available to advocates for Open Space, Recreation and Historic Resources than for advocates of Community Housing. Every year the Town submits its "CPA Funded Capital Request"to this committee. This request includes applications from the Department of Public Works, the Department of Public Facilities and the Land Use, Health & Development Department. These applications are prepared,for the most part, by staff and include the recommendations of consultants who have been hired by the Town to provide engineering and other analyses. In 2022 we received the following projections for FY 2024 through FY 2028. FY 24 $ 5,6361673 FY 25 $11,9881900 FY 26 $ 21000,000 FY 27 $ 630,000 FY 28 $ 4,1801000 TOTAL FY 24—FY 28 $24,435,573 Prior to 2006, when CPA was adopted by the voters of Lexington, expenditures of this sort were funded through the tax levy, enterprise funds and debt exclusions. Although the projects identified in the CPA Funded Capital Requests may be eligible for CPA funding,town leadership could decide to review all of the applications to determine if some projects could be funded through other sources. One of the original intents of the CPA was to provide communities with sources of funding which they may not have been able to secure otherwise. I do not believe the intent was to provide a permanent replacement source of funding for municipal properties and services. Applications to the CPC for Community Housing are often of a different sort than those received from the above-mentioned town departments. LexHAB has, until very recently, submitted handwritten applications to this committee. I mention this not to criticize LexHAB but to point out that LexHAB (a volunteer board) has never had the same institutional support as other boards and committees in Lexington. On the other hand,the Lexington Housing Authority has paid staff, including an Executive Director who has the resources to submit applications which include compelling statistics and analysis. Lexington has no plan to make it possible for families of all income levels to enjoy the exceptional recreational facilities (including open space)funded through CPA. The most egregious example of this lack of support is the Select Board's inaction on the Vine Street affordable housing project; it has been over ten years since the land was set aside for housing. It is well within the scope of the Select Board to seek out opportunities for development of community housing in Lexington beyond what is proposed by LexHAB or the Lexington Housing Authority. Select Boards in other communities have done just that—thought creatively about opportunities and instructed their Town Managers to issue RFPs for development. 2 If there was a concrete plan for community housing some families like the ones featured in a recent article in The Boston Globe, "A Nightmare of Epic Proportions:Thousands of Mass Residents Languish on Subsidized Housing Wait Lists." One way to do so would be to think about what the phrase `community preservation' means. Is it just about preserving Lexington or is it to, as we like to say, make Lexington a 'welcoming communityT It is common practice in Lexington to refer to comparable communities, communities with similar demographics and wealth to ours. The City of Waltham is not considered to be one of those comparable communities, although it is right next door. Lexingtonians travel to and through Waltham all the time to dine, shop, attend to their medical needs and so forth. Some portion of the people doing the 'dirty work' in Lexington,the hard labor, live in Waltham. And --- thirty eight percent of those people, our neighbors, in Waltham are eligible for subsidized housing. Thank you, Melinda Walker 14 Larchmont Lane 3 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Special Town Meeting 2023-1 PRESENTER:TER• ITEM S NUMBER: Kelly Axtell, Deputy Town Manager I.5 SUMMARY: Category:Decision-Making The Select Board to call for a 2023 Special Town Meeting(STM 2023-1)to begin on Tuesday, November 7, 2023 at 7:30pm. Citizen Petitions: . P ap erwork is now availab le in the Town C lerk's O ffic e . P etitio ns, alo ng with a s ep arate draft mo do n(if availab le), are due to the S elec t B o and O ffic e no later than 12:00pm on September 28, 2023 100 Certified signatures are required to be inserted in the warrant for Special Town Meeting 2023-1 A draft warrant proposed for STM 2023-1 is included in the meeting packet. The Select Board will discuss the Select Board Report to Town Meeting. Other Pertinent Dates: The final warrant to be approved and signed by the Select Board on Monday, October 2, 2023. SUGGESTED MOTION: Move to call for Special Town Meeting 2023-1 to begin on Tuesday, November 7, 2023 at 7:30pm. Move to open the Special Town Meeting 2023-1 Warrant for citizen petitions through Thursday, September 28, 2023 at 12:00pm. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 9/18/2023 7:30pm ATTACHMENTS: Description Type F) DRA 1.1`17 SIS"I'VII 21(),'3 1.Warrant 1.1ackup VIlatefial F) 2023 1 STVII Moderator I lybrid Req uest-I x-.,tter I.kackup M.aterial F) Merno"FSG req uest Backut.-)Material TOWN OF LEXINGTON WARRANT SPECIAL TOWN MEETING 2022-3 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 either at Margery Milne Battin Hall in the Cary Memorial Building, 1605 Massachusetts Avenue, Lexington, or by means of the audio/video conferencing platform described more particularly below on November 7, 2023 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, as amended, including without limitation by Chapter 2 of the Acts of 2023, the Town Meeting shall be held through a hybrid of in person meeting and remote participation by the means requested by the Moderator as follows: Town Meeting members will either attend the meeting in person at Margery Milne Battin Hall. or remotely. The meeting will be facilitated by use of: (1) the Zoom videoconferencing platform, (2) the online VVoter module provided by our electronic voting vendor, Option Technologies. Other Town residents who wish to follow the proceedings may do so by attending the meeting in person in the areas reserved for non-Town Meeting Members, or via LexMedia at https://www.youtube.com/user/LexMediaMATV. Other residents who wish to participate in the Meeting may contact the Town Clerk's Office at clerkklexin tonma.gov and by completing the online form at www.LexingtonMA.gov/Fa112023STM . For more information,please see the Moderator's letter dated September 11,2023 to the Select Board attached to this warrant as 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 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 1 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. ARTICLE 3 ESTABLISH,AMEND,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) Transportation Management Overlay District; (g) Capital; (h) Payment in Lieu of Parking; (i) Visitor Center Capital Stabilization Fund; 0) Affordable Housing Capital Stabilization Fund; (k) Water System Capital Stabilization Fund; and (1)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. ARTICLE 4 AMEND FY2024 OPERATING, ENTERPRISE AND CPA BUDGETS To see if the Town will vote to make supplementary appropriations,to be used in conjunction with money appropriated under Articles 4, 55 9 and 10 of the warrant for the 2023 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(FY2024) appropriations. ARTICLE 5 APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS To see if the Town will vote to make supplementary appropriations to be used in conjunction with sums appropriated in prior years for the installation or construction of water mains, sewers and sewerage systems, drains, streets, buildings, recreational facilities or other capital improvements and equipment; determine whether the sums shall be provided by the tax levy, by transfer from the balances in other articles, by transfer from available funds, including enterprise funds and the Community Preservation Fund, 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 is an annual article to request funds to supplement existing appropriations for certain capital projects in light of revised cost estimates that exceed such appropriations. 2 ARTICLE 6 APPROPRIATE OPIOID SETTLEMENT To see if the Town will vote to appropriate amounts received from Statewide Opioid Settlements between the Massachusetts Attorney General and non-bankrupt opioid industry participants, for the funding of prevention, harm reduction,treatment and recovery programs as further detailed in the Massachusetts State-Subdivision Agreement for Statewide Opioid Settlements, or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Unknown at press time DESCRIPTION: This article will allow the Town to spend abatement funds received from the Statewide Opioid Settlement for purposes and programs outlined in the settlement agreement, including supplementing and strengthening community resources available to residents and families for substance use disorder prevention, education,harm reduction,treatment, and recovery programs. ARTICLE 7 APPROPRIATE HOUSING RESALE AND RENTAL MONITORING FEES To see if the Town will vote to direct future affordable housing resale fees and rental monitoring fees paid to the Town pursuant to affordable housing restrictions held by the Town or otherwise, directly to the Affordable Housing Trust without further appropriation; or act in any other manner in relation thereto. (Inserted by the Select Board at the request of the Affordable Housing Trust) FUNDS REQUESTED: Unknown at press time DESCRIPTION: The Housing Trust Study Committee informed Town Meeting in November 2022 that affordable housing resale fees would be a source of funding for the Affordable Housing Trust, a typical source of housing trust funds. The Affordable Housing Trust voted August 30, 2023 to request Town Meeting vote to direct that affordable housing resale fees from ownership units and rental monitoring fees, be appropriated into the Affordable Housing Trust. The Regional Housing Services Offices carries out the resales and rental monitoring for the Town as part of its annual contract with the Town. In the last decade there were two resales of the 26 affordable housing ownership units the Town manages. The resale fees are included in the deed rider; the affordable housing rental monitoring fees are negotiated by the Town with the developer. ARTICLE 8 APPROPRIATE FOR SPEED HUMP PILOT PROGRAM To see if the Town will vote to appropriate a sum of money for the installation of temporary speed humps on Walnut Street, and determine whether the money shall be provided by the tax levy or 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 at the request of the Transportation Safety Group) FUNDS REQUESTED: Unknown at press time DESCRIPTION: Traffic Safety Group proposes a speed hump pilot project on Walnut Street. The pilot project entails design and installation of temporary rubber speed humps from April to October of 2024. The neighborhood and Lexington staff will then be able to evaluate the effectiveness, and appropriateness of the location before constructing a permanent speed hump. ARTICLE 9 HAYDEN EASEMENT To see if the Town will vote to accept an easement over all or a portion of certain land owned by the Josiah Willard Hayden Recreation Centre, Inc., known as and identified as 24 Lincoln Street, Lexington, 3 Massachusetts (Lexington Assessor's Map 50, Lot IA, containing 28.04 acres, more or less) and land on Lincoln Street (Lexington Assessor's Map 50, Lot 251 A, containing .69 acres, more or less) (together, the "Property") for the purposes of pedestrian passive recreation and access to nearby Town-owned land, on such terms and conditions as are acceptable to the Select Board; or act in any other manner in relation thereto. (Inserted by the Select Board) FUNDS REQUESTED: Unknown at press time DESCRIPTION: An easement between the Hayden Recreation Centre and the Town of Lexington is proposed to formalize the agreement between the parties under which the Town has been maintaining and using certain sections of the Property for years to provide access between the Recreation Centre, the High School, and nearby athletic fields. ARTICLE 10 AMEND GENERAL BYLAW-NOISE CONTROL To see if the Town will vote to amend or replace the Noise Control Bylaw, Chapter 80 of the Code of the Town of Lexington, or act in any other manner in relation thereto. (Inserted by the Select Board) DESCRIPTION: The Noise Bylaw working group was assembled to review the current noise control bylaw. This article addresses those proposed changes will make the bylaw clearer for enforcement and regulation. ARTICLE 11 AMEND ZONING BYLAW—ASSOCIATE PLANNING BOARD MEMBER To see if the Town will vote to amend Section 9.3.3 of the Zoning Bylaw to allow the Planning Board Chair to call an associate member to sit on applications for special permits, site plan review, subdivisions, or other applications that may come before the Board in the case of an absence, inability to act,vacancy, or conflict of a Board Member; or act in any other manner in relation thereto. (Inserted by the Select Board at the Request of the Planning Board) DESCRIPTION: This amendment would expand the powers of the Chair to call the associate member to sit as a voting board member on various types of applications that come before the Planning Board in the event a board member has a conflict, is not able to act, or a vacancy. ARTICLE 12 AMEND ZONING BY-LAW—2013-2027 Massachusetts Avenue(Owner Petition) To see if the Town will vote to amend the Zoning Bylaw of the Town by amending the Planned Development District CD-15 for 2027-2013 Massachusetts Avenue, land shown on Town Assessors' Map 49 as Parcel 2A(also known as the Inn at Hastings Park)to increase the amount of seating permitted at restaurant and other establishments permitted in the district, as well as associated parking, or act in any other manner in relation thereto. (Inserted by AB Holdings LLC/Trisha Perez Kennealy) DESCRIPTION: This article requests to amend the CD-15 zoning approved in 2012 by amending the zoning schedule of dimensional controls and development standards limitation on the maximum allowable number of seating at the Inn at Hastings Park,2027-2013 Massachusetts Avenue. 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 via Zoom videoconferencing platform,the online 4 VVoter module provided by our electronic voting vendor, Option Technologies or comparable online voting tool and online queuing function beginning on Monday,November 7, 2023 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. A true copy,Attest: Constable of Lexington Joseph N. Pato, Chair Douglas M. Lucente Select Board Suzanne E. Barry of Jill I. Hai Lexington Mark D. Sandeen 5 ATTACHMENT A Q 1N61 Town of Lexington MODERATOR DEBORAH BROWN September 11, 2023 DELIVERED BY EMAIL Dear Select Board Members, Pursuant to Massachusetts Section 26 of Chapter 22 of the Acts of 2022, as amended by Section 47 of Chapter 2 of the Acts of 2023, I request approval to conduct the proposed 2023 Special Town Meeting as a hybrid meeting. I propose to use a combination of: (1) the Zoom videoconferencing platform, (2) the 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 all components of the system described above have been fully tested and utilized successfully for prior Town Meetings, and I am satisfied that this system enables our meetings to be conducted in substantially the same manner whether a member is participating in person or remotely. I certify that the system for those opting for remote participation (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 in-person or 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 617-512-7901 1625 MASSACHUSETTS AVENUE 1,LEXINGTON,MASSACHUSETTS 02420 6 OVS MORN/ 775 m 'p Town of Lexington Q � x o Z� D i n W MODERATOR v APRIL 19T" DEBORAH BROWN �FX I N C1_1 September 11, 2023 DELIVERED BY EMAIL Dear Select Board Members, Pursuant to Massachusetts Section 26 of Chapter 22 of the Acts of 2022, as amended by Section 47 of Chapter 2 of the Acts of 2023, I request approval to conduct the proposed 2023 Special Town Meeting as a hybrid meeting. I propose to use a combination of: (1) the Zoom videoconferencing platform, (2) the 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 all components of the system described above have been fully tested and utilized successfully for prior Town Meetings, and I am satisfied that this system enables our meetings to be conducted in substantially the same manner whether a member is participating in person or remotely. I certify that the system for those opting for remote participation (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 in-person or 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 617-512-7901 1625 MASSACHUSETTS AVENUE 9 LEXINGTON,MASSACHUSETTS 02420 w TOWN OF LEXINGTON ell y TRANspoR TA TION SA FE TY GR O UP ,. 'Vl i'LA; 1625 Massachusetts Avenue Lexington,Massachusetts 02420 Contact: Sheila Page AMID.I ° 781-698-4560 � e Assistant Planning Director https://www.lexingtonma.gov/transportation-safety-groLip spageklexingtonma.gov Date: September 12, 2023 To: Jim Malloy, Town Manager Kelly Axtell, Deputy Town Manager Cc: Kim Katzenback, Executive Clerk Select Board Carolyn Kosnoff, Assistant Town Manager Dave Pinsonneault, Director of Public Works John Livsey, Town Engineer Chief Mike McLean, Police Carol Kowalski, Assistant Town Manager for Land Use Housing and Development Fr: Transportation Safety Group (TSG) - Sheila Page, Assistant Planning Director RE: STM-2023 Town Meeting Warrant Requested Action: Add speed hump pilot project budget request to the STM-2023 Warrant. Summary: The Transportation Safety Group (TSG)receives many requests for speed humps,bumps and tables as traffic calming measures. Although there are a few speed humps in town, Lexington has typically shied away from installing speed humps because of damage to town equipment, public safety response time, and neighborhood satisfaction. In addition, speed humps are not appropriate on all roads because of speed and roadway geometry. However, high speeds have been persistent on a few roads where speeds humps could make an impact. One of these roads is Walnut Street. TSG proposes a speed hump pilot project on Walnut Street. The pilot project entails design and installation of temporary rubber speed humps from April to October of 2024. The neighborhood and Lexington staff will then be able to evaluate the effectiveness, and appropriateness of the location before constructing a permanent speed hump. Essentially, we get to test drive the speed humps before they become permanent. This pilot will help the town decide if it wants to use speed humps as a traffic calming tool and the criteria to determine their use. The rubber speed humps can be used at the next location should the pilot go well. This is similar to how Salem implements speed humps: first temporary and then if the neighborhood and town agree a permanent one will be installed. 1 The budget request includes: • engineering study to determine number, location, and size of the speed humps • purchase of re-usable, temporary, rubber speed humps and warning signs • Installation and removal of speed humps and signs • Pre and post engineering, public safety and neighborhood evaluation The Select Board endorsement of the budget request would also be considered approval of temporary installation on Walnut Street. If it is determined that permanent speed humps are warranted, further permission from the Select Board and construction funding from Town Meeting would be needed. Why now? The funding requested is from the Traffic Mitigation Stabilization Fund rather than from the operating budget. Having the funding now, enables us to conduct the pilot for a full season April — October 2024. Speeds on Walnut Street, a narrow, tree-lined road, are concerning. Walnut is a cut-through road that could benefit from traffic calming measures such as speed humps. The lessons learned from this pilot project will help TSG and the Town make decisions on the many other speed hump requests. Timeframe: The design work will begin immediately. The equipment will be purchased this winter and installed in April 2024. We expect to install the temporary speed humps for two seasons to allow time for evaluation, adjustment and construction of permanent speed humps if warranted. We expect the pilot project to be completed in two years. 2 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Review Draft Select Board Report for Fiscal Year 2023 Annual Report PRESENTER:TER• ITEM S NUMBER: Board Discussion I.6 SUMMARY: Category:Decision-Making The Board will review progress on drafting its annual submission to the Town Report. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 9/18/2023 7:40pm ATTACHMENTS: Description Type DRAFT 2023 Annual Report—Select Board Submission 9/18/2023 SELECT BOARD Five members, elected by the voters at-large to overlapping 3-year terms: Jill I. Hai, Chair, Douglas M. Lucente, Vice-Chair, Joseph N. Pato, Suzanne E. Barry, and Mark D. Sandeen. In March 2023, Mr. Lucente and Mr. Sandeen were re-elected to three-year terms. At their annual re-organization after the conclusion of Town Meeting in May, the Board appointed Mr. Pato Chair and Ms. Barry Vice-Chair. <GENERAL INTRO INCLUDING LHS> Select Board Priorities for American Rescue Plan Act (ARPA) Spending <TBD> Fiscal Resiliency including Capital Stabilization Funding Framework Lexington remains on a path of financial stability and growth with the Select Board committed to fiscal stewardship to safeguard the Town's financial health and vitality. Adding elements of discipline to the community's financial planning, the Board aims to continue to avoid the need for Proposition 2%2 operating budget overrides. In a collaborative effort with the Appropriation Committee, the Capital Expenditures Committee, and the School Committee, the Town sustained the Capital Stabilization Funding Framework developed in 2021. This strategic initiative is aimed at supporting large-scale capital projects, such as the forthcoming construction of Lexington High School, which is estimated to cost between $350 to $500 million. The framework is built on the principle of financial sustainability. It directs incremental property tax revenue from new commercial developments, specifically those approved through the Preliminary Site Development and Use Plan (PSDUP) or zoning changes, into the Capital Stabilization Fund (CSF). For FY2024 alone, over$1.7 million has been earmarked from this new tax levy growth toward the CSF. Using this mechanism helps to build up capital reserves, thereby providing a balanced financial outlook for the Town. While the CSF serves multiple purposes, its primary aim is to mitigate the debt service associated with future capital projects. In addition, the CSF complements other specialized funds like the Special Education Stabilization Fund, forming a robust financial safety net. The Town has been diligent in maintaining high reserves while also responsibly funding pension and Other Post-Employment Benefits (OPEB) liabilities. Using a multi-year financial model and long-term capital and fiscal planning allows for a more systematic approach to allocating resources. Operating surpluses from departments have been strategically directed towards capital projects rather than operational expenses, reinforcing the Town's commitment to long-term financial planning without compromising the quality of public services. - 1 - DRAFT 2023 Annual Report—Select Board Submission 9/18/2023 As a significant validation of these efforts, Moody's Investors Service has awarded the Town an 'Aaa stable' rating. This highlights the Town's fiscal prudence and translates to lower interest rates for capital projects and borrowing. The rating further underscores the effectiveness of the Town's capital stabilization initiatives, prudent management, and strong financial reserves. Through a well-coordinated, systematic approach, the Town is well-equipped to safeguard against unforeseen challenges, allocate funds for vital capital projects, and maintain a high standard of public services. Economic Development and Commercial Growth In the past fiscal year, the Select Board has been diligently working on initiatives to stimulate economic development and commercial expansion within the town. Among the key strategies is the formation of strong partnerships with local business associations. This collaborative approach has allowed the Board to understand unique challenges faced by local businesses, such as the need for changes in outdoor dining fees. In response, the Select Board streamlined fees, fostering an environment more conducive to business growth. To maintain transparent and constructive communication with business stakeholders, the town has instituted Quarterly Roundtable discussions. These meetings involve key town representatives, including the Town Manager, two Select Board Members, the Assistant Town Manager for Development, and Economic Development staff. Business owners from various parts of the town, including the Center and East Lexington, participate in these discussions to provide direct feedback on the town's initiatives. A cornerstone of these economic strategies has been the Battle Green Streetscape project. Aimed at enhancing pedestrian and traffic safety, this initiative also serves to support existing businesses in the town. Complementing this, zoning changes have been introduced via the MBTA Zoning initiative. The town is also planning to hire a consultant for a community charette focused on revitalizing the downtown area. Welcoming new businesses has been another focus of the Board. This year saw the addition of several new establishments, including restaurants, a pop-up shop, and Life Science Labs. These new businesses not only diversify the local economy but also add to the town's tax revenue. Cultural and recreational activities have not been overlooked in the town's development strategy. Lexington has received the designation of a state cultural district, with the aim of boosting tourism and offering diverse programming. This comes just in time as the town prepares for the 250th anniversary of the historic Battle of Lexington in 2025. This cultural district, which spans Mass Ave from Hastings Park to Pleasant Street, is poised to become a focal point for both cultural and economic growth. Financial investments have also been strategically employed to stimulate growth. Among these are the Senior Parking Pass Program, which offers free parking to residents aged 65 or older, and the allocation of ARPA funds for arts and culture events. Additionally, ARPA funds have - 2 - DRAFT 2023 Annual Report—Select Board Submission 9/18/2023 been deployed to improve connectivity between East Lexington businesses and the Minuteman Bikeway. Finally, in line with its goals, the Select Board aims to achieve a harmonious balance between economic growth and community values. Objectives include providing access to a diverse mix of businesses and fostering quality job opportunities across various industries. Furthermore, the Board is committed to a balanced tax policy that benefits both residents and businesses. Through these multifaceted initiatives, Lexington is striving for a future that is economically robust and inclusively sustainable. Housing Initiatives and Updates Affordable Housing Trust: One of the Select Board's goals is to further a Livable Lexington including by "actively seeking development of affordable and accessible housing". In FY22 the Select Board created the Affordable Housing Trust Study Committee. Based on the work of that committee, Town Meeting adopted a motion creating an Affordable Housing Trust (AHT) via Article 12 of STM 22- 3. The Select Board appointed the initial five members of the AHT in February 2023. At Annual Town Meeting 2023 (Articles 7 and 10n), the Select Board submitted articles requesting, and Town Meeting approved, the pre-funding of the AHT, using stabilization funds designated for affordable housing and Community Preservation Act funds. This pre-funding allows the AHT to operate nimbly in the market, independent of Town Meeting timing. The AHT was officially established upon receipt of the Attorney General's approval and began its operation's [insert date of AG approval] Zoning Initiatives: The Select Board's Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc Committee (SPRD) completed S years of work by bringing Article 33 to Annual Town Meeting. The Article creates the new "Special Residential Developments" (SRD) bylaw. It was adopted by a vote of 146-22-10. SRD contains two possible development paths - a new zoning option "Compact Neighborhood Development" (CND) with limits on both individual units and average unit size in each development. And an amended Site Sensitive Development option, strengthening site protections. All developments under SRD now require inclusionary housing, either by onsite affordable units or, in the case of six or fewer units in a development, by payments to the Affordable Housing Trust. Both paths are also governed by site plan review, rather than special permit. The new bylaw requires the Planning Board to promulgate regulations, which among other things will include valuation for the payments in lieu of unit production. State law adopted in 2021 requires all communities served by, or adjacent to communities served by, the MBTA to adopt zoning which permits by-right multi-family housing under specific conditions. The Planning Board brought Article 34 to Annual Town Meeting 2023 to fulfill these obligations and further the goals of the Town's 2022 Comprehensive Plan. Articles 34 created - 3 - DRAFT 2023 Annual Report—Select Board Submission 9/18/2023 Village Overlay, Multi-family Overlay, and Village High-Rise Overlay districts, with inclusionary housing requirements for any development of eight or more units. Lexington was widely recognized as the first community to fulfill this state obligation. Lexington Housing Assistance Board (LexHAB): Special Town Meeting 2022-3 overwhelmingly approved Article 14, seeking a Home Rule Petition to amend the enabling legislation which created LexHab in 1983, i to make it an independent non-profit entity. Upon approval, LexHAB will become a 501c3 organization, able to use a combination of state, federal and private funding sources to acquire or develop affordable housing. This will mean the ability to create affordable housing more efficiently and cost effectively. Infrastructure Development Center Streetscape and Battle Green Streetscape Proiects The Center Streetscape project broke ground in the spring of 2021 with the goal of improving pedestrian safety, accommodating bicycle traffic, making sidewalks and crosswalks more accessible and safer for people with disabilities and renewal of the mid-century modern landscape. The project was substantially complete in the Fall of 2022 with final project completion occurring in the spring of 2023. QR Code 1 Scan the QR code to view .short aerial view of the completed Center Streetscape project. The Battle Green Streetscape construction started in 2023 with the goal of improving pedestrian safety, accommodating bicycle traffic, making sidewalks and crosswalks more accessible and safer for people with disabilities. The project includes construction of a roundabout to be located at the Harrington Road/Bedford Street/Hancock Street intersection. 2022 Annual Town Meeting approved $4,,975,.000 in funding for the Battle Green Streetscape Improvements. The Battle Green Streetscape project is expected to be completed by fall 2024 in anticipation of the 2025 Town Celebration. - 4 - DRAFT 2023 Annual Report—Select Board Submission 9/18/2023 t / /,!� I i QW i1+i' I fy.I DI VI Id lil ,ni/ili,rii �rJ ll' r i y i f o, w r a i n %f yi/i m / a r G %t N f e F /f ry/ LA9AN7,F"y'WOFNA 63491tU'EN Municipal and School Buildings The Board continues to address the issues of maintaining and improving our municipal and school building infrastructure. The Westview Cemetery Building replacement project was approved at 2020 Annual Town Meeting with an appropriation of$3,.290,.000. The initial Westview Cemetery construction bids came in higher than the appropriated amount. As a result, Special Town Meeting 2021-1 approved additional construction funding of$770,000. The second round of construction bids came in within the updated project budget. The Westview Cemetery Building construction work started in April 2022 and is expected to be complete by September 2023. The Lexington Police Station building project is in the construction phase. Special Town Meeting 2022-1 approved an appropriation of$32,,400,.000 for the design and construction of a new Police Station building to be located at 1575 Massachusetts Avenue. On June 6, 2022, in a Special Town election, Lexington voters approved a Proposition 2 % debt exclusion for the borrowing for the Police Station Project. In August 2022, construction bids came in lower than the appropriated amount. Construction began in September 2022 and is expected to be complete by June 2024. Town Meeting 2023 approved an appropriation of$3,400,000 for the design and construction of a solar and energy storage system to be installed in the parking area adjacent to Fletcher Field and the Minuteman Bikeway. This solar canopy and battery storage system complements the solar panels on the new building's roof to come close to a Net Zero building consistent with the Town's Net Zero goals. Town staff plan to have the solar and energy storage project constructed at the same time as the Police Station to maximize efficiencies with the site contractor. - 5 - DRAFT 2023 Annual Report—Select Board Submission 9/18/2023 The Lexington Police Department has moved their operations to the temporary Police Station facility located at 173 Bedford Street until construction of the new Police Station building is complete. The Hosmer House was moved from its location at 1557 Massachusetts Avenue to allow for construction of the new Lexington Police Station. The Historic District Commission approved the relocation of the Hosmer House. The Select Board and School Committee authorized the installation of 2.6 MW of solar energy systems at Hastings Elementary School, Lexington Children's Place, Diamond Middle School, Clarke Middle School, Harrington Elementary School, Bridge Elementary and Bowman Elementary School. Final interconnection approval from the utility has been received. The solar installations will enable Hastings School and Lexington Children's Place to be Net Zero schools. When combined with the Town's previous solar installations, they will generate approximately 64% of the Town's municipal and school electricity. 2020 Annual Town Meeting approved $100K in design funds for the Center Recreation Bathroom complex. At the 2021 Annual Town Meeting, the Select Board recommended indefinite postponement of a warrant article requesting $915K in construction funding. 2022 Annual Town Meeting approved $680,000 in construction funds appropriated from the Community Preservation Fund. Construction of the Center Recreation Bathroom complex is expected to be completed by October 2023. The Old Reservoir Bathhouse renovation project was approved at 2019 Annual Town Meeting with an appropriation of$610,000. The bathhouse construction bids came in higher than expected and over the appropriated amount. Town staff was in the redesign and rebidding stage for this project as of June 2023. Town staff expect to have proposals for this project by October 2023. Bedford Street/Hartwell Avenue Complete Streets 25% Design Traffic issues in the Hartwell Avenue corridor are one of the key concerns cited by residents and business owners. 2019 Special Town Meeting appropriated $1.5 million for the 25% design of the Bedford Street/Hartwell Avenue/Wood Street Corridor. The Town formed a 25% design working group in November2020, and hired an engineering and planning firm in January2021 to develop 25% design level plans for complete streets reconstruction that addresses safety, traffic flow and pedestrian, bicycle, transit, and alternative modes of transportation. The Town's consultant has substantially completed the data collection task, the environmental permitting task, and the land use & development build out analysis. The Town's consultant has identified that the roadway capacity will begin to be exceeded at approximately 60% of the "likely" redevelopment as properties within the project area are redeveloped to current zoning limits. Based on input from the Select Board, the consultant has revised the build out and traffic analysis to include future residential development. In addition, - 6 - DRAFT 2023 Annual Report—Select Board Submission 9/18/2023 Town staff and the consultant have expanded the study limits to include the 1-95 northbound half of the interchange. The project is expected to culminate in a formal Massachusetts Department of Transportation public hearing targeted for FY24. Diversity, Equity and Inclusion <TBD> Town Meeting Use of Virtual Technology The COVID-19 pandemic introduced the need for virtual meetings for public safety. As the pandemic eases and the declared public emergency has come to an end, virtual technology remains an important addition for public meetings allowing more members of the public to participate in the public process. The legislature, however, has not yet acted on Lexington's home-rule petition to permanently allow hybrid or fully-remote public meetings, but it has extended emergency legislation allowing these meetings for another two years. In addition, the revised legislation explicitly allows hybrid representative town meetings to be held. Anticipating positive legislative action, Lexington invested ARPA funds to acquire handheld tablets to be used for voting and managing speaking order during debate at Town Meeting. These devices use the same software previously used for fully remote meetings and were successfully used for a fully in-person 2023 Annual Town Meeting. With the recent legislative authorization, Lexington anticipates holding future Town Meetings using a hybrid format where Town Meeting Members present at Battin Hall will use the tablets while remote attendees will use their personal devices. - 7 -