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HomeMy WebLinkAbout2023-10-02 SB Packet - Released SELECT BOARD MEETING Monday, October 2, 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. Application: One-Day Liquor License - The Anthem Group, Emery Park, 0 Massachusetts Avenue Lexington Pumpkin F est 2. Application: Entertainment L is ens e- The Anthem Group, Emery Park, 0 Massachusetts Avenue Lexington Pumpkin F est 3. Application: One-Day Liquor License - St. Brigid Parish, 1981 Massachusetts Avenue . Italian Night 4. Applications: One-Day Liquor Licenses - Cary Library Foundation, 1874 Massachusetts Avenue • Reception for Supporters • Fundraising Gala 5. Application: One-Day Liquor License - Lexington Historical Society, 1 Bedford S treet • Spoons Out:An 18th Century Tavern Murder Mystery Fundraiser 6. Application: Entertainment L is ens e- Lexington Friends of the Arts d/b/a Munroe C enter for the Arts, Emery P ark, 0 Mas sachus etts Avenue . ArtWalk 2023 Celebration 7. Approve Select Board Committee Reappointments • Battle Road Scenic Byway Committee - Richard C anale • Communications Advisory Committee: • Robert Avallone • Steven Kaufman • Nicholas Lauriat • Design Advisory Committee: • Elisa Kim • Elizabeth Xu • Economic Development Advisory Committee - David P ronchick • Fence Viewers - David Burns • Lexington Bicycle Advisory Committee - Matthias Beebe • Lexington Council for the Arts - Marie-Rude Hewes • Lexington Human Rights Committee - Stephanie Hsu • Lexington Scholarship and Educational Fund Committee- Raquel Leder • Sustainable Lexington Committee: • Richard Reibstein • Daniel Vo s s • Tourism Committee: • Marsha Baker • Kerry Brandin • Melissa Robbins Clifford • Gardy Desrouleaux • Elizabeth Xu • Tree Committee - Patricia Moyer 8. Approve Select Board Meeting Minutes • September 6, 2023 Select Board ITEMS FOR INDIVIDUAL CONSIDERATION 1. Public Hearing: Flammable Fuel Storage License - 440 Bedford Investors, LLC, 6:40pm 440 Bedford Street 2. Approve Zero Waste Plan 6:50pm 3. Update on Compost Pilot Program Recommendations 7:20pm 4. Ad Hoc Transportation Committee Recommendations for Lexpress Bus Service 7:30pm 5. Review and Approve Tree Bylaw Working Group Charge 8:OOpm 6. Special Town Meeting 2023-1 8:10pm • Approve Letter from Town Moderator for Inclusion in Special Town Meeting 2023-1 Warrant • Approve Warrant • Select Board Article Discussion, Presenters and Positions 7. Review and Approve Select Board Committee Appointments to the Historic 8:15pm Districts Commission Associates • List of Candidates for Consideration: • Robert Adams • Brien Cooper • Richard Neumeier ADJOURN 1. Anticipated Adjournment 8:25pm Meeting Packet:https:Hlex*mgton.novusagenda.com/agendapubhc/ *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 laG5ETmNsRDV6Zz09 iP ho ne one-tap: +13092053325„92482764382#,,,,*380743# US +13126266799„92482764382#1,,1*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 Monday, October 161 2023 at 6:30pm via hybrid participation. A Summit meeting of the Select Board, School Committee,Appropriation Committee and Capital Expenditures Committee will be held on Wednesday, October 18, 2023 at 7:OOpm via hybrid participation. The next regularly scheduled meeting of the Select Board will be held on Monday, October 23, 2023 at 6:30pm via hybrid participation. Hearing Assistance Devices Available on Request All agenda time and the order of items aye approximate and Leyfqedil"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 October 2, 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: 10/2/2023 ATTACHMENTS: Description Type Select Board Concerns and liaison Reports—October 2, 2023 Joe Pato: Testimony in support of S.2107/H.3156-An Act relative to municipal authority in public rights of way: • At the 9/27 hearing of the Joint Committee on Telecommunications, Utilities and Energy, testified in support of these bills as part of a panel organized by the Mass Municipal Association (MMA). The house version of this bill was introduced by our State Rep Michelle Ciccolo. If enacted,these bills would empower municipalities to respond if a utility company does not remove a derelict utility pole, wire or attachment within the required 90 days or the agreed upon timeframe.The bills would allow a municipality to: o move, relocate or remove utility poles, wires or attachments, or arrange for another party to move, relocate or remove utility poles, wires and attachments. o charge the utility company a reasonable fee for non-performance. In addition, the bills would allow a municipality to: o impose fees or fines on utility companies that operate in the public right of way, o assess taxes on utility companies that operate in the public right of way, o license and permit utility companies that operate in the public right of way The full text of my testimony is an attachment to this packet. Doug Lucente: Hanscom Area Towns Committee(HATS): • Additional revisions to the letter addressed to the Governor are in progress.A finalized version of the letter from HATS member communities will be available shortly. Tourism Committee: • Carol Ward has stepped down as Chair due to a new job opportunity in another town. Margaret Coppe has been appointed as the new Chair of the committee. Lexington Center Charette-"Lexington Center Workshop- The Journey From Here": • We've finalized the agenda for the upcoming Lexington Center Workshop, which aims to identify implementable priorities for revitalizing the downtown area and have secured Dr.John Mullin and Dr. Zenia Kotval as lead facilitators for the event.The two-day charette will take place on Friday, November 17th (during the evening) and Saturday, November 18th (during the daytime), featuring a mix of group discussions, a morning walking tour, and an open house session. Please hold these dates, more details to come on location. Jill Hai: Lexington Housing Assistance Board (LexHAB): • A ribbon cutting of the house purchased with ARPA funds, 93 Woburn Street, was held on 9/20. There will be a lottery for the new tenant, and they hope to have a family move in this fall. • LexHAB is partnering with LexArt in a new exhibit "HOME"; hosted at LexArt's Nye Gallery, 130 Waltham St,through 11/19. There will be an opening reception Saturday 10/28 5p-7p; a housing roundtable at the gallery on 11/2 5pm -7pm with representatives from the Planning Board, Regional Housing Services Organization, Lex RAP, LexHAB, Lexington Housing Authority and more; and on 11/16 5:30p-7:30 there will be a Fundraiser supporting LeXHAB's mission to be held at the gallery, and all are encouraged to attend. Tickets and details are available through LexHAB. Housing Partnership Board: • At its meeting on 9/28,the Housing Partnership Board voted (9-1-1)to ask the Select Board to endorse the pending R.E.Transfer fee legislation, noting that if enacted, it would be local option and subject to local specification.They also recommended that if passed,the Select Board create a study committee to determine how to use the option and with what parameters (10-1). • Wendy Manz is the new chair. Special Permit Residential Development: • At its meeting on 9/27,the Planning Board voted to set the payment in lieu requirement for SPRD developments of six or fewer units at$325/sq.ft. and to review the amount annually. AORIVI ' r Tobin of lexington, -Vda.5.5ar u.5ett.5 1iNQ "M Se2107/H*3156 — Town of Lexington — Support Testimony of Joseph Pato, Chair Lexington Select Board Wednesday, September 2 7, 2023 Chair Barrett and Chair Roy, members of the Joint Committee, I am Joe Pato, chair of the Lexington Select Board. Thank you for the opportunity to share the Town of Lexington's concerns with the management of utility poles in the public way. As an elected municipal leader, I work with our professional staff and colleagues in the utility industry to provide residents with a safe and productive community. Few things are as invisible and taken for granted as the utility poles that line our streets—that is until they become "double poles"with an old pole supported by a new pole— often with the old positioned at a seemingly precarious angle to the vertical. In my decade of service on the Lexington Select Board, the issue of derelict utility poles has been a frequent source of public discontent. Residents in my community are not shy to call, send e-mail, and share spreadsheets demonstrating their personal observations of double poles that have long been overdue for removal. This visible and daily reminder of lack of progress on what seems to be an easily understood problem leads some residents to lose faith in their elected leaders. The fact that municipal leaders have few tools and little leverage to effect change is lost on our constituents—they see a problem and blame us for inaction. Yet, we have no power to move along the process of wire transfer and double pole removal. I have seen my elected colleagues react in frustration during grant of location hearings —they are tempted to use these as leverage to have utility companies address the problem of overdue double pole removal. But, almost always, it would be our residents or businesses that would be harmed by a delay or refusal to provide a grant of location— so little is accomplished other than to air the frustration. It isn't just this loss of confidence in the public process that is at stake. There are real consequences to these delays. For example, we recently reconfigured the intersection of Massachusetts Avenue and Worthen Road to provide safer traffic movements for vehicles and pedestrians—yet the completion of the project was delayed for two years because of utility poles that remained in the new footprint of the roadway intersection and needed to be protected by temporary barriers. This increased costs and compromised public safety for the duration of the delay. 1625 MASSACHUSETTS AVENUE,LEXINGTON,MASSACHUSETTS 02420 P:781-698-4580•F:781-863-9468•E:selectboard@lexingtonma.gov Finally, there are aesthetic concerns. Over the past few years, we rebuilt the center of town to provide a safer, more attractive environment for all. Adjacent to this center streetscape project remain old double poles—one that feels like it has been there a decade —reminding us of the limits of the town's power to shape its own appearance. The bills before you are a step in the direction to provide municipalities with a little more power to address the issue of decommissioned and double utility poles and to allow us to work with our partners in the utilities to meet our residents' expectations. Thank you for your consideration and support in this matter. Joseph N. Pato Chair, Lexington Select Board 1625 MASSACHUSETTS AVENUE- LEXINGTON,MASSACHUSETTS 02420 e-mail , ,Il , ,i , ,i.n _Ile iiir� heir ma,, e -2- AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Town Manager Weekly Update PRESENTER: ITEM NUMBER: Carolyn Ko sno ff, Assistant Town Manager for Finance T M.1 SUMMARY: Attached please find the Town Manager's Weekly Update for the following weeks ending on: • Friday, September 22, 2023 • Friday, September 29, 2023 SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2023 ATTACHMENTS: Description Type .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 22, 2023 RE: Weekly Update The following is an update of activities for the week ending September 22, 2023: Town Manager Updates: • The following are updates on the status of bills related to Lexington: o H. 3775 —LexHab Reorganization— ■ 3/22/2023 House Transmitted to the Secretary of State ■ 4/12/2023 House Returned from the Secretary of State ■ 4/13/2023 House Referred to the committee on Housing ■ 4/18/2023 Senate Senate concurred ■ 6/5/2023 Joint Hearing scheduled for 06/26/2023 from 10:00 AM-01:00 PM in B-2 o H. 668 —To Allow Remote Participation at Town Meetings— ■ 2/16/2023 House Referred to the committee on Election Laws ■ 2/16/2023 Senate Senate concurred ■ 6/14/2023 Joint Hearing scheduled for 06/21/2023 from 01:00 PM-05:00 PM in A-2 o H. 3286—To rename bridge in honor of Hank Manz— ■ 2/16/2023 House Referred to the committee on Transportation ■ 3/13/2023 Senate Senate concurred ■ 8/14/2023 Joint Hearing scheduled for 08/29/2023 from 10:00 AM-01:00 PM in A-2 o H. 2741 —To establish a community housing surcharge on large residential development— ■ 2/16/2023 House Referred to the committee on Revenue ■ 2/16/2023 Senate Senate concurred ■ 7/17/2023 Joint Hearing scheduled for 07/25/2023 from 10:00 AM-05:00 PM in Written Testimony Only o H. 2740—To establish a community housing surcharge on commercial development— ■ 2/16/2023 House Referred to the committee on Revenue ■ 2/16/2023 Senate Senate concurred ■ 7/17/2023 Joint Hearing scheduled for 07/25/2023 from 10:00 AM-05:00 PM in Written Testimony Only 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 • Mike Cronin and I toured the Police Station project this afternoon, the following are some photos showing the progress being made on the exterior and interior. 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Yt ,,n, ry /A,,, i r r,, Yf ri:.G,,���J„r„r�ilyfJiY��✓+„/�(rl�)'",,,�l»JiF✓a/i,»,,,,.c�,�/1�1/;}r''„«r��ra/ir!.,,,,:.,,,,,,ri .,,:»,/I„»�,u ra lirr,,,,,o/i%„ix,,..» ,,,,,.ti,,.,..,u� A�.l..!«w�.!�i!f «'r$%/r/,:,,,�>h�!^`/h,,.r,,,:,%,..r'/n/X,. i�u�H,u,.lr"�, y,�, Masonry Work being started on 9-22-23 t T rflryml;� �w rJ q�� rA, I lro��r III rl / �Il�lllu} ��uul I nrr J rr r / IcJ I l rV2,p�,:f,� �� %�irri�%/!/r//i%r/li�;,� � ✓r % �� '�� �%//r%ii �' />,rj�/fl I j� r/%/1//%%�/%%///�%�fr✓ws�l w IJ 11 r, u" ��u � l II d G / � 1 n Y III ' I:�tNI /> I I�IIYIIIIII�IIII I r �rgYJl Interior Spaces/Sheetrock/Windows r i, IIII�IIIIII IIII I i/;��'J i (�Nm I�ld I� ✓ I I f � �j/�i,,,,,�. ///�,,:/%':.'� .///%;: tj : /� /?:„ ei Ft',,,w,w� w.i�./. r r,✓Yr",d. y J IN Training Room & Potential Meeting Space eft/rltfllll//Ifli,,%j//i!%1i % / P � I e t� I ,1, f r r / �J� I IT Server Room J ............. err / l .rrrrrrr � � r 1 r � r rrrr. � rr / / rrr.........� rr rrr , rrr../ ,rrr% 0 i// / r / rr r or / r rrrrrrrr ri r // DO / r / irrrrrr , rrrri , rr / / / r r r r / rrr ri / / / �,rrrrrrrrrrrrrrrrrr / ,rr r / / r/ r / r / / r // rr 1 / r / /r / r � / / / f IT Server Room 1� J ,o �f 1 ail mii 1 r i r r r L. 1 Yi J p � �I r I / r G HVAC System • Attached please find the agenda tracker for upcoming Select Board meetings. Land Use, Housing and Development: Planning • Trammell Crow Company hosted a Topping Off Ceremony this week for the new 6-story lab building under construction at 440 Bedford St. Completion is expected in 12-18 months. Some Select Board, Planning Board, and staff members were in attendance. 1�G�j I�Ifiiul�r Nl'Wl9 � 7f JUJ�� 11J J /%r F r, r'✓°��,�Nl,,q� ll r , 1 f � tyi�!i/„,✓s i///,, r r,, '�/// i���7j11� %i�� � ��� r+,f f,r r, l�„i d�� r ' /i�l✓ ��r ��/Jy ri"� %�'lf��'fir%r/�i/i rri!l`it/^r'/r i�,��1'r. 6,✓, rr<r,y ( 'l, `,:r ivi� r ry ii„�ii r r / n e/ i% n 7r If f u ✓"� >�I(���✓r1frN llrlr �''�/ 'rug��'/I�f d ;,v, r i y d�.. r ,, ,,,�� ,��r jPi, ',I r /r7r/ �'' rr' ��� �r/, I 1 fJ o/�'�/;,;, �'of��//`d�- �.��' it i i '�Ib� / vvv''v""����� i r r; ✓ l r0 r � % //; r vvvvvvvvi l�u ffIf rrrrl�l �� jjj r �'YfNli U11f� ��111 � r' �111J r, /r� rrfi/ii r� y r r r I wl rr o ro ' r���„ ""„r'ma'r J ' "r q✓i�'�;�r/.��.�mv.Y".:7p'�I,"4 ryr'ri��""�M �°I �+(t art ua���t� a"�"+4�w rl'r�x�,,.�r� >•" �5" �u���`�U r.�0��y�+� d��'�k7 ro.����w.,,iy>m` �"g �n�,;w,~r ..""" '�w� r�rk� tt�r h M:tl, �✓^r' �.a r a duw•..r ..¢��"�w �„ti >b,,, uri h r r,�"t ,� ¢ r",, Y+� ! ''�" ::bJ f,,r"Ma..:�,,w'�'�r'u"�Nn° �'re`F A„'�,�'�d,"�"� �,�'.�+w^r.' ny'',"4`,:s�✓'r<��a��,N"d+'�-wr n u�i w�;."�dn"a"ari ,'i�rvo�*�..�w��ti �4.,a �u�"'<"'r ^r 4^ ;;.,✓w�,. �' �"''�'� wz,� "=„J y�.,"r'A„1��u`i �'7`Tykd~' �v�„w,a+�,�N p ro���Y� �^:T,� �7�' �� 4 w7" rwrt'W✓�'G% ��,,�»;u'""�„ ro�wl„ �.+war. r r�" G.ry "m,.. '� w^�.�; ,� u.. w�.�..�..�.�.�"�.��r>,�rl�,m".�.¢„3.., ��,�,wu.�r�tG., �a� ��,�al��trv�R"�N,m�..���Y.,�,�r�._..'t„r� _�,�.� ,�Nl�,rr.w,�a���r..l.�✓�>ti.,v� �'�:�.n"�rn.�..w ark-.���'"r,.. �' .'�?' ,.�..�4� Conservation • Conservation has hired a fall part-time seasonal intern until November to continue supporting trail maintenance activities in order to keep trails open, passable and safe for public enjoyment this fall. In addition, the intern will assist with gathering/collecting baseline documentation data needed for finalizing CPA land acquisition Conservation Restrictions. • Applefest 2023 will be Saturday 9/23 from 1- 3pm at Cotton Farm Conservation Area. Apple picking, cider pressing, and representatives from the stewards and bee keepers will be present. • With collaboration from DPW mechanics, our conservation DR mower was salvaged and revived with minimal cost; resulting in $5,000 program improvement savings in the FY 2025 budget cycle to replace it. • Conservation staff and volunteer stewards contributed to the successful Sustainability Day by selling native plants grown in our conservation Native Plant Nursery. Agen da Tracker ITEM NAME PROPOSED MINUTES Description DATE The Anthem Group's Lexington Pumpkin Fest Approve One-Day Liquor 2-Oct-23 0 Beer Garden 10/14 in Emery Park (Police - OK; License Fire- DPW; TMO - OK) - location updated ®The Anthem Group a Permit;on 9/19 Approve (Special Event) The Anthem Group's Lexington Pumpkin Fest live Entertainment License -The 2-Oct-23 0 perform ances/band 10/14 in Emery Park - Anthem Group location updated on 9/19 Approve One-Day Liquor 2-Oct-23 0 St. Brigid Parish is hosting Italian Night at the License -St. Brigid Parish Church Hall/Basement 11/4 Approve One-Day Liquor Reception for Supporters 11/17; Fundraising Gala Foundation Spoons Out: An 18th Century Tavern Murder Approve One-Day Liquor Mystery Fundraiser 10/14 immediately outside of License - Lexington Historical 2-Oct-23 0 Buckman Tavern (Police - ; Fire-; DPW -; TMO - Society need to apply for Special Event need Tent Permit??) Select Board Committee Remainder of the annual September Reappointments 2-Oct-23 0 reappointments (members who did not respond in time for the last September meeting) Approve Select Board Meeting 2-Oct-23 0 6-Sep-23 Minutes temporary-for heating , application fee received Building - will be advertised in the 9/21 minuteman Bedford Street newspaper for hearing at 11approx 6:30pm" and applicant will sent abutters notice) Zero Waste Plan Update 2-Oct-23 30 Dave P confirmed This is an update on the Zero Waste Plan Dave P confrimed this date. This agenda item is to Compost Pilot Program 2-Oct-23 10 provide recommendations for the future curbside Recommendations composting based on the pilot program rolled out in 2023. Ad Hoc Transportation Study Recommendations from ad hoc committee for Recommendations for 2-Oct-23 30 how to address changes to transportation services Lexpress The Board had previously authorized the Town Manager to establish a Tree Bylaw Working Group to review the current Tree Bylaw, Tree Bylaw Working Group 2-Oct-23 10 enforcement and propose any changes and for Charge Review/Approve the Town Manager to develop the charge for the Working Group, Update, and possible vote, on schedule for PLACEHOLDER- Update on Patriots' Day weekend during the 250th 250th Patriots' Day Celebration 2-Oct-23 10 Anniversary of the Battle of Lexington (moved to Schedule September per Suzie on 7/31 -- meeting with Concord on 9/14) Select Board to Vote and Sign All citizen petitions will be included at this time. STM 2023-1 Final Warrant& 2-Oct-23 5 Warant goes to printer 10/3/2023. Approve Town Moderator Letter Approve Draft Select Board vote the Select Board Report for FY23 Annual Report for FY23 Annual Town 2-Oct-23 5 Town Report Report Review and Approve Select Discuss and vote on HDC Associates x3 Board Committee 2-Oct-23 10 appointments Appointments 12:00- 3:00 in person Public Service 2nd Floor Select Board Goal Setting 11-Oct-23 150 Conference Room -Jon Wortmann (post by fri SELECT BOARD WORK SESSION -Climate Action Plan Feedback and then vote, work session topic to Discussion on Implementation 16-Oct-23 talk about implementation, how often to revisit, (checking on maybe moving to and coordinating with other plans. diff date) This meeting would be for the Select Board to Final review of Noise Bylaw 16-Oct-23 review the final draft of the proposed revisions to changes the Noise Bylaw for the Fall STM, after public input sessions on 9/26 and 10/11. Carolyn Kosnoff confirmed hearing to be on Public Hearing - FY2024 Water 10/16/2023, legal ad will be published in the 10/5 and Sewer Rates 16-Oct-23 15 Mnuteman Newspapaer(note: concern raised by the drycleaner regarding small business rates) Recommendations for SB action re state initiatives .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 29, 2023 RE: Weekly Update The following is an update of activities for the week ending September 29, 2023: Town Manager Updates: • Attached please find the current site plan for Fletcher Park. Mike Cronin and I met with Leslie Wilcott-Henrie regarding LexFarm moving back to Fletcher Park. We discussed whether it would be beneficial to prohibit vehicles from the park to allow the grass to be healthier. Leslie explained that due to the different needs of farmers, that they would need to have vehicles on the grass to drop off merchandise and/or due to the weight of some materials. We had previously discussed the future re-use of the park and how it would be maintained and the condition. The end result of the discussion with Leslie and Mike was that we wanted to place this on a future Select Board meeting agenda to discuss just to ensure everyone was on the same page that the plan is to allow the Farmers Market to bring cars onto the park, but that this will result in the grass being impacted. • As the Board is aware, on 9/26//23 there was a public meeting on the Proposed Noise Bylaw amendments, the following are a summary of the comments that were provided by members of the public during that meeting: o A resident questioned why the Town was looking to make changes to a bylaw that has been in place for 20 +/- years and was working. o A resident indicated there should be additional controls placed on the duration of a project, not just on noise levels. o A resident suggested that we undertake a broader national study to provide information whether Lexington's Bylaw is in the mainstream of regulating noise. o A resident indicated there should have been more notice of the meeting, and noted that he supported keeping the 10 dBA over ambient noise in the bylaw. o A resident indicated that the Town should engage professional consultants that study noise to review our bylaw and make recommendations before bringing it to Town Meeting. o A resident asked that given the low statutory fine levels, whether there were other mechanisms that would place a greater burden on builders to comply with the noise bylaw. 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 o A resident indicated that the EPA recommends 70/75 dBA for other health reasons and that 80 seems too high and that the introduction should include a statement related to broader health concerns related to noise. The second public meeting is scheduled on 10/11/23 which is after the Select Board is being asked to close the Town Meeting warrant(10/2/23) but before the Select Board is asked to take a position on this proposed Article (10/16/23) should the Board retain it on the Town Meeting warrant. Some of my thoughts are: 1. That it is unlikely that any modification(s) to the Noise Bylaw will ever occur without some level of opposition or controversy, no matter how broad or narrow in scope. 2. That the current bylaw's intent is to maintain the noise level at the property bounds at 85 dBA [see 80-8(ii)]. The proposal retains this level in commercial/industrial zones and reduces it to 80 dBA in residential zones. My understanding is every 5 dBA reduces the noise level by 50%. 3. The goal of these changes was to address the concerns raised during the past year, specifically with the project on Pleasant Street and to provide the staff that are responsible for enforcing the bylaw, with the tools to actually enforce it(which is why they were all included in the Working Group). 4. That if this goes to Town Meeting and is adopted and it addresses the concerns raised by citizens, it will demonstrate that staff addressed the issue. Other potential outcomes are that enforcement is improved but that the noise level continues to be a concern or that enforcement and noise level continue to be a concern. In the first instance (if noise level only is still a concern), the Town could review whether it was advisable to lower the dBA. I would caution that if it is initially set a level that is too low and it impacts the ability of contractors to do any construction without continuous violations, that it will be next to impossible to increase the dBA (easier to lower it at a later date than try to increase it at a later date). In the second instance, if both enforcement and noise level is still a concern, at that time, the Town could engage consultants to re-write the bylaw. 5. In the attached documents (which are also attached to the agenda packet for 10/2/23), there are changes highlighted on draft#8 which are also highlighted in the Powerpoint that I presented at the public meeting that I am recommending the Board support in the final bylaw proposal that goes before Town Meeting for this Fall's Special Town Meeting as follows: • Retain the "disturbs a reasonably prudent person or" language in the definition of Excessive or Unwarranted Noise. • Re-write the definition of Noise Pollution so that it reads, "The condition resulting when either(a) a sound source exceeds 80 dBA in a residential zone and 85 or more dBA in all other zones; or(b) a sound source raises the noise level by 10 or more dBA above the ambient noise in any zone." • I would not recommend deleting the exemption for golf courses [80-5(I)]. This will have a minimal impact on residents and has not been the source of a single noise complaint. Removing it will have an impact on golf course's normal operations and will result in business losses. • Under 80-8(i)(a) I would recommend having this read, "The project entails rock removal with heavy machinery, including but not limited to, ledge removal, rock pounding, rock crushing or rock cutting (collectively defined as "ledge work"); and" • Under 80-8(i)(b) change the last word from "and"to "or"which is the intent (this came from a meeting with Mark S andeen on 9/2 8/23). • Under 80-8(i)(b) change the last word from "and"to "or"which is the intent (this came from a meeting with Mark Sandeen on 9/28/23). With the five recommendations above, I recommend the Select Board include this Article on the Fall Town Meeting warrant. Attached is the final redline (Draft#8). The presentation from 9/26/23 will be included in the Select Board meeting packet. • The Town has received a $19,800 Sustainable Materials Recycling Grant through the MADEP (see attached letter). • The Senior Management Team has been asked to submit ARPA requests for this quarter by 10/12 and any requests will be included in the 10/13 weekly update and will be placed on the first meeting in November for the Board's consideration. • Just a reminder that several of us will be at the ICMA Conference in Texas next week(9/30— 10/4). For Monday through Wednesday, Carolyn Kosnoff will be the Acting Town Manager and Thursday and Friday Kelly Axtell will be the Acting Town Manager. • Attached please find the agenda tracker for upcoming Select Board meetings. Cary Library: • The first portion of the library's technology upgrade has been completed. Many thanks to the Town IT Department, particularly Dorinda Goodman and Dave Bordenca for their careful planning of the project. Thanks also to Kate Leppanen, Head of IT and Training for the library for handling things on our end. This project is the first piece of moving the library's technology infrastructure over to Town IT. It also included an upgrade to the library's wireless network. Additional work will be completed during the library's capital project next year. • GREAT programs for adults happening at the library next week and throughout the month of October. For a list of all library programs or to register for any of the virtual programs below, yJ sit o ur 1 e..nda.r. o Q&A with Gail Sahar,Author of Blayne and Political Attitudes—Monday, October 2nd at 7:00 (virtual) o Wish it Lasted Forever:Life with the Larry Bird Celtics—A conversation with Dan Shaughnessy—Thursday, October 5th at 7:00 in the Living Room. Copies of Mr. Shaughnessy's book will be available to purchase/sign • Children's programming resumes next week, with a full roster of story times and other opportunities. o In partnership with Omar's World of Comics, the library will welcome back Dungeon Master Noah Michaelson to host a new session of Dungeons and Dragons (grades 6-12). There's limited space so be sure to register if you want to be part of this next adventure! Land Use, Housing and Development: Conservation • Applefest 2023 was held at Cotton Farm Sunday 9/24/23. Turn out was smaller than previous years due to weather, but around 40 or so people attended and learned about bees, picked apples, and tasted apple juice pressings. � D LLI Z Z Zz OO f— U W �1 J 3 CL / �j�/; %/p,. r... oao�T aa" L U ♦� Z {Mi/��F i U=Ov° aZ z%///// O OJ /� Z o m W z C.) nL.L o -J<Lu <w ✓ �/ > d z � j Wi��.. 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(n Wm m 0-mw j ozp��pw a�wo LL< / .zo a z<w om Oz Lij l \ 1'' A& :":!:,,i F QarcogpFi"'R'o < $g �OWo � \ (i/.` .....__ 0 ORWA.,ry�<'.v"i009z�32 4i zz zd o Oo\ ` p z / Z ��wmzw Om Zmmo m=�a mw s$ < O o T /\ 3 arco€Q_ oN��oo�J�p1JFW oo W.A. < mazac<.Z.� �ga�z��* `I soot �► Z_ z<��<< mzb��a• <. m��zam 129Zz Somazzo �<rcom}w���mMFF �Fbm�� �Uj V�.-. —�.,.- Q aWrc Wacxi[xiww ew�<0�me=�Jn W�$�y Zii0M ,r ..4aYaa,• ��rr .�,.. ,,,,s,,,=.,,, ^J^ ��Q3RD �d laid'��i���a� m+r_�,WM a� LL M{ 4 0 0I� d m 67 N M I.. - ZI I I/l/111/1/,,l/l/,,/l�/�Ill.......... ...... I Q I m I U 1 0 1 w I LL 810'0N0N 800Z Od:el!d 810 3NON Jallold S?131.3NV:jesn Nd Lb:ZL-£ZOZ'£LRlnp'/epsinyl:pallold LO'Ldl:lnoRel6Mp'Z00N-LLVbZ609LOZ\eeldV!MO\LLV\bZ60\9LOZd\OMO\:f:4ledal!d Chapter 80 NOISE CONTROL [HISTORY: Adopted by the Annual Town Meeting of the Town of Lexington 4-11-2001 by Art. 33. Amendments noted where applicable.] GENERAL REFERENCES Alarms-See Ch.5. Animals-See Ch.9. §80-1.Findings. The Town of Lexington finds that excessive or unwarranted noise jeopardizes the health,safety,and welfare and degrades the quality of life of its e;t ze sm g J(l m i�.S. §80-2.Purpose and applicability. A. The purpose of this by-law is to protect the of Lexington from excessive or unwarranted noise.No person owning,leasing, or controlling a source of sound shall willfully,negligently, or through failure to provide necessary equipment,service,or maintenance or to take necessary precautions cause,suffer, allow,or permit excessive or unwarranted noise. B. This by-law shall apply to the control of all sound originating within the limits of the Town of Lexington and shall be consistent in scope and application with the relevant state and federal statutes and regulations, �, ,u,- ,. ,I. ......,.� ���. :'m�,.; ...:'.,. -.'�����'w r r�r d, m �i�"r ell, :ii� �i�,i �,....,� „. I���,.w� 1�1-.m,..... 'I „q.,.� �m�r�� I I:'m,..n�. � -,.a.;"0 ,�������� �I�������I i��- .,.�,., ::�m� mmll k.( ml�g In�.m'u�J .: ,. ��)fll JIIlu,'. :, IIIit. ll,(t ,,I.i .��.m ��.�. IIIII11 1.� Illu. u� m. 1.1 1 ���,,�i��mi.� � �:.,.� Ilw$ miu.�. �111m (J E,�7jy,...i roil oil r w,O,.., tfli ol l t:. rAj�,l 6II � w:.g u l a.,,i o g s�..3 10 l v 7 00.,.. C. Noise-related provisions of Chapter 9,Animals,may be enforced under this by-law. D. All Town departments and agencies shall, to the fullest extent consistent with federal and state laws and regulations,carry out their programs in such a manner as to comply with this by-law. E. Provisions in this by-law shall not apply to any activity to the extent regulation thereof has been preempted by state or federal law. §80-3.&1afi s 'p=1g=qMgLj4A& Nothingr in this__ y-1a shall be construed_ t _estri.ct,amend,repeal- r otherwise_ _ limit _e ap lica i _ r° enforcement o----exis _12 Townof Lexi 11 ----to----1,y®laws_or Commonwealth_ Massachusetts_ _ laws. ®'�.Definitions. When used in this by-law,the following definitions shall apply: ," 1�1 -. "� i. �i -. -..�0"^0 � i,..M m�,„��� m�I� i :m, i�p :��. i M .-�. ,�,., n�����,"- �n ����I:::m �� ~n�. ��.,.. ... IIII 1IIII F IIII I � I` 1JG IS"'i b����Il[ltli��� �.�iu��� �� ���i�.��a ��(Jmmllkk(J tflO III[ LI �ll� .+ �.)l i(1h ��)ck, 'm III.,-�.� COMMERCIAL LANDSCAPER A person or entity that receives compensation to utilize landscape maintenance equipment on another's property._JAdded 11-8-2021 STM by Art.10] CONSTRUCTION Any site or building preparation,assembly,erection,substantial repair,alteration, destruction or similar action for public or private rights-of-way,structures,utilities,or similar property. EMERGENCY Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage. EMERGENCY WORK Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. ,- ,, � � II,I II,,,I �, ��, IN� �,.,� y �" � � � r� ,, "I M '„ � m, ,,,I u u ,. a.+ �,I r I U:': OO O I�a �'��lU. III F I I L u Fr 1 , :,,5 �, .� ��� . i I 1 III II co fm i�S(.'10 11�:6� III I-IIII... III�III i a .. ���� � ����U IIII �,����U��`���������, ��� ... .. ... .. .. .. �w lll.I m wllm..III�.��ul m,-�. IIIO 11 IIIIr11m~y'l,1 � H'1(Il ii(,g6111 IIII ��1�l r � , - ... EXCESSIVE OR UNWARRANTED NOISE Any noise that disturks n reasonably prude *-e—o", it-results in noise__- Commented[.1M 1]:This deletion maybe rejected. pollution or noise injury. LANDSCAPE MAINTENANCE EQUIPMENT Gas-or electric-powered lawn mowers,hedge trimmers,weed whackers,leaf blowers,and other equipment used in landscaping or lawn care..,:,.......L.Added 11-8-2021 STM by Art. 10] 7 , 7 7 > > > 9 9 7 ' 7 7 1/ 9 7 9daued 3 1 Tviamix 19-94-. Is d,(�O iidi[ioii c�iilsge i..iu y or IIn N I"wSlifc....10 all 11fterls 11nPg1S( olffld S110111 ays;all e i)sioq or iu utid. �(Iteti i d....p ul­iod ot"ilitril . S ouIIrll..is lncasli�IIe i if] NOISE LEVEL Measured property of sound,which for the purpose of this by-law,will be expressed in A-weighted decibels(dBA), obtained with a Type I or II sound level meter as specified under American National Standards Institute(ANSI)standards. NOISE POLLUTION The condition resulting when a sound source r��s- x.exceeds ; , :residential Or more dBA —t"ie+se in all ether z nc . - Commented[JM2]:This may be re-written to read,"The condition resulting when either(a)a sound source exceeds �.��...� .. ���� �; .�� ,� ��: ,���.. ,., gA44: jA r ,ram n,oUr,4r,�„+�� A in a residential zone and 85 or more dBA in all other P F R �l, B F � F,.,� �f�.1 V i l m III III q �I f i i�,�11�����i�m�� o�m�c l,i� �i r oc i or -� � 80 B Ln I zones;or(b)a sound source raises the noise level by 10 or y �Q more dBA above the ambient noise in any zone." 111 LJLJA 1-flill,V L,3,L%JILJL%J.L_L X.Jul, _,kjxjlLtl k1__,_L Relloiey 0,1"1 200..1"pled t)'', vllctd I k !9�� �j bl,o'l ,(,)II a I[lec lliv,,ti6ll.....oi� a iti i(le a...ca: !!��m�� i it �-��m�ml�.nfllie(l b�i,P IIII 1�.�����������°9 1!111 111 1lH��._. IIIIZ.. CK IIII F IIII 1111111111111G..Is I,:.m ��.���a��� I....[,Wlfl4llei,s.....III .... .. ... ... ... Prohibition of excessive or unwarranted noise. Generation of excessive or unwarranted noise is prohibited,except as provided by§§80-5 and 80-8 of this by-law. In addition,the following restrictions shall apply: A. Construction/private service/maintenance power equipment.[Amended 6-1-2020 ATM by Art.27] (i) Contractors are permitted to operate tools or equipment used in construction, ' li Ill I i:. ; III i��i c drilling r m� i�� �m -i i Ilr III ..or''�°�°�'¢;�N «V V„%j IL-L"-�,a�i�ll��r i ,in a manner such that this operation creates .. noise across a real property boundary that �.;� i e l j p i(i i,Yuri o()Il lu o i s e p o l l g 6 o rIi on weekdays between the hours of 7:00 a.m.and 5:00 p.m.and on Saturdays between the hours of 9:00 a.m.and 5:00 p.m.Such operation is not permitted on Sundays an legal , m m ���� ..." �'10 1 w m 11l ��!' m wm II���jjI�� � ���� �.IH (ii) Residents are permitted to operate tools or equipment used in construction, drilling r l m(i t i)r c ld m i g or 4r° _v`%-Yp%"`Y�i is ll i r i ,in a manner such that this operation creates noise across a real property boundary that x ieced 11,m,lilni(s p!.e g jI e(1 ip(J,ie,de ipi(i(.)gym ) l lloise on weekdays between the hours of 7:00 a.m. and 9:00 p.m. and on Saturdays, Sundays and legal holidays m g,()g,Ilrlu �6 i1!f �]le o l" between the hours of 9:00 a.m.and 5:00 p.m. (iii) �i����and the use of powered equipment used in 1 breaking-raf- -I-on'�,I X �, including but not limited to hydraulic or pneumatic hammers,--by �nidep," on weekdays only between the hours of 9:00 a.m.and 5:00 p.m. and is not permitted on Saturdays, Sundays,and legal holidays r 0l,1�il �i i N,,l;�Issac 111,1&1 Als. C011111*11ck)["S t�csic�o�­O,S al'v [vq11I1.e(J (1) col''Ply 1111��,Ii(jl rio'I'Sc 1111 .��"�W�I t N T I CIIA'is il�Secliorl 8 0 8. -913. 1 e2gl 11oH(:1gYS I'(,X0,0I,1izC(:1 I Y �Ilc COIII 110111144"al(Ii. '�Flie fiAlol,'Otig lcga�� lioli(I!Ays 0[1( C 0 1111 IT 10 1`1 IAeiflO[I ol" sliall Ile gppIIIic fle Su10 1 m�.�I IN IICI c� I S III,Ieiporic,fl:My Jgqe(egflJ['i fi­��(lepg"iclej ice, I fl:)or Rvil, Coll,11111)1"Is E)"rill, Llcrari's,F)rii, 'I 1[i(,1qksgiyigg 111111,y 111'I i )qy Commercial trash collection.The operation of commercial trash compactors or collection of trash,rubbish, refuse or debris,which generates excessive or unwarranted noise at any point of public or common pass-by between the hours of 11:00 p.m.and 6:00 a.m.is prohibited. G D. Commercial deliveries or pickups.Deliveries or pickups for commercial or business purposes between 11:00 p.m.and 6:00 a.m.are prohibited unless the noise level of such deliveries or pickups in nearby residential areas does not cause excessive or unwarranted noise. W—.2 Electronic devices and musical instruments.No person owning,leasing or controlling the operation of any electronic device or musical instrument shall willfully or negligently cause or permit excessive or unwarranted noise. IIII Fixed plant equipment. Excessive or unwarranted noise caused by fixed plant equipment such as,but not limited to,air conditioners,pumps,fans,furnaces,compressors,engines,ventilation equipment and similar fixed plant equipment is prohibited. G. Motor vehicle alarms.No person owning,leasing,renting or otherwise in control of a motor vehicle will permit the sounding of any horn, alarm or other signaling device for any period of time exceeding 10 minutes. Automatic alarm systems must be programmed to reset within 10 minutes and may not activate again within the next 60 minutes.A police officer observing any horn,alarm or other signaling device that fails to comply with this section will direct an owner,operator,renter or person in control of the vehicle to silence the motor vehicle alarm.If,after making a reasonable attempt to contact the vehicle owner,operator,renter or person in control of the vehicle(or if that person refuses to comply), the officer may enter the vehicle to shut off or otherwise disconnect the power source.If unsuccessful,an authorized towing agency may be used to remove the motor vehicle to an approved storage area.The registered owner of the motor vehicle will be responsible for all reasonable costs,charges and expenses incurred for the silencing of the alarm,removal and/or storage of the motor vehicle. IIII 1. Stationary engine run-up.Permitting,allowing or causing generation of excessive or unwarranted noise at any point of public or common pass-by through the unnecessary operation of the engine of a motor vehicle while said vehicle is stopped for a foreseeable period of time in excess of five minutes is prohibited. . mom N9m.s(11 ,[Amended 11-8-2021 STM by Art. 10] (1) The outdoor use of landscape maintenance equipment by commercial landscapers shall be limited to the following days and hours: (a) Monday—Friday:7:00 a.m.to 6:00 p.m. (b) Saturdays:9:00 a.m.to 5:00 p.m. (2) The outdoor use of landscape maintenance equipment by persons other than commercial landscapers shall be limited to the following days and hours: (a) Monday—Friday:7:00 a.m.to 8:00 p.m. (b) Saturdays,Sundays,and legal holidays:9:00 a.m.to 5:00 p.m. (3) The outdoor use of landscape maintenance equipment by the Town or Town contractors on Town property shall be limited to the following hours: (a) Monday—Friday:7:00 a.m.to 8:00 p.m. (b) Saturdays:9:00 a.m.to 5:00 p.m. (4) Landscape construction work shall be governed by§80-4A5 ,rather than this§80-444 III:. (5) The use of gas-powered leaf blowers is restricted to the periods of March 15 to May 31 and September 15 to December 30. (6) Effective March 15,2025,the use of all gas-powered leaf blowers by commercial landscapers in the Town of Lexington shall be prohibited. (7) Effective March 15,2026,the use of all gas-powered leaf blowers by residents on their own property in the Town of Lexington shall be prohibited. i (8) The use of wheeled leaf blowers powered by four-stroke engines on properties larger than one acre is not subject to the prohibitions in Subsections(6)and(7). ) o1 f courses slia.11.b ml?!S ubspcti n 1 a ..� ,- Commented[JM3]:This section maybe removed for the timebeing,but consideration should be given to the impact §80-5 .Exemptions. on the Pine Meadows Golf Course and whether golfers will play on fairways covered with leaves. A. The provisions of this by-law shall not apply to sounds emitted during or associated with: (1) Police, fire, and civil and national defense activities, or in training exercises related to emergency activities; (2) Parades, public gatherings, or sporting events, for which permits have been issued or which are supervised by the School Department or the Parks and Recreation Department; (3) Noncommercial public speaking and public assembly activities as guaranteed by state and federal constitutions; (4) Operation of a farm or any ancillary or related activity that is an ordinary aspect of farming; O Emergency g, p y �el�v l'C,i s,apparatus, 5 Emer enc work including,m but not smite to the operation of an mechanical oe�... vehk4e ycJ'm Ics or equipment used in connection with an emergency; (6) Snow removal activity;and (7) Any activity to the extent the regulation thereof has been preempted by state or federal laws or regulations. B. These exemptions shall not apply if the noise is determined to exist as the result of negligent conduct or actions inconsistent with generally accepted practices. §80-611 .Measurement of excessive or unwarranted noise. A. A determination that excessive or unwarranted noise is efflus, uyt c I g e(J11 u)a given noise source will be made in accordance with the definition of"noise level"in§8044. B. To determine if there is a noise violation on private property,the noise measurements shall be made at the boundary of the abuU,ing property (m i n n which the offending sound source is located.To determine if there is a noise violation in public spaces,the noise measurements shall be made at any location a passerby might lawfully occupy. . . iLitmiee w-. ,n a. a §80-8.Noise mitigation plan for construction.[Added 10-21-2020 STM by Art. 6 (,xl uriu�')I �lnl:0Ig�����m���ri �gw�mi�ill�.:u i,iii�,..shall be required prior to the A noise mitigation plan��; ���mw � ���� mi:�. �uim .. issuance of a building permit for construction projects i11","ote.2 T ns article also renumbered former P-P- (i) in or adjacent to residentially zoned areas where: (a) The project entails rock removal with heavy machinery,including ledge removal,rock pounding,rock_,- Commented[JM4]:Add after the word"including"the crushing, ^�'��&1111,11,11,118 or rock cutting(collectively defined as"ledge work");and following,"but not limited to,"(Jill Hai comment). (b) Ledge work activities are anticipated to take place on more than seven days over the course of the project...-Qi` m f. m1m.u�� �. il,ss �� op �1IIIme�����w��w�l6.� , w,m mlll lllm�.m.lllm� �)� I(I'l ,�m u ��.:;m1 ; �.umlu....� . i��.�: lllm:�.�u m ��....�III 1111 11 1�111 mm1 i ( III a i,:J se ur mI wj gw�.m ori PI I rII. (ii) A noise mitigation plan required under this § 80-8 shall, at a minimum, require portable sound barriers, designed to reduce sound levels outside the barriers by at least 10 dB(A),surrounding and installed as close as practicable to the source of the noise. disct-e6oti ol O'm( B::i 1:1 g poise.. g g:tl(,:::t tilig ,,C)ni qri i ss i o ti g'....These barriers must reduce construction noise to prevent noise injury to Town residents.The objective of this bylaw is to keep maximum noise levels l lj f III l � �.�-IIL�, Li t l l��Ilg(11,,,r' � In ��.s m d-rll1 i g] rr .; �,� ,: a � �w,; ��ry; �,.. m� ,,„ ,: is is�.t10,mm :m gym: �III1 (11111 4 :�III� u�w:lll � :� m.�. ��.�w�mIII���. m i����.�,m i(....ti.. �w.,.. (,��,:,�i�m ,�� �I i em �m����..: IIII I... .... ... ... ... .... .. ... ... .... ... T m m�W i.., ,. .� �r� �....,n�. mr m ,e;;:. ql �m�..W '_ m m �� .,°m :m�., �r�m...� ,.� s, ,m. �:.. � �....�m����III m�� m����m:w..��uIIIIII....IIIIII m�...� ��iii..m�1w ., 11 �....�����...,� �III�....� ��.� �:�,.���nw::ii wm��..mIII� ��,m��:���. � w ...��:���ull � ��III III um .mmm ... I �..�:ul .IIIIII ::.::III O ,...m11 l:... mli.. IIIu a m1w �..... IIImm, Imlll 1I10 ...III1wI. IIII wIII ��. III �II� i� a ... i��III.. �:tZ II ....� III III � I _III .11 m��� '�...,� m.,.,"� ,.11,yr i� m�'' «,w .wil 'o.�a q1 i r'� a; ;„ n�� �,�� °„�r �tl�.W i�c...n i u11 ��.�ul u1���11111,�1 �;I�.�.mm� �w ������.��,,���� �111�111��m����,��11��� � ��. 1j�',� ��, �m y. IIII IL���. �II m���II�. ���p�III �m�,,arid III���.�� ���.��m m����.��.�� ��III�III:m��1�(, 1.1IIIm�1;..„1m�IIIm, Fir IIII ..�.��ul�I��: IIIIII�I..I I S 1.1(Jud.. � IIII IIII IIII.....11Aulm _:.liall.il�ClUde a.... 4 P IMm.1,III101)V...igg 11uc sile N�:.�:ml],'Im m ....0I11 gym, ,..� '" .,,, '::� n u,.-,. ��° ��m�""�,..., �� ,. �;,. '�����" '-` n i ,.w w;,..,.� �� �:; also f,., ,.r :m ,+.� .`„..,� ° ,..,.. m i mm :n�, 1.III o al,io�li cw t 11�III. � IIII% i gls���IIIi a �k � .: H h iI�,��1 11�III111 v Val..a o�w�1111u �Jlc �����11 l,���III�...()I I ��,� �IIIU tl°�V:�.l��"lm locil(io:V1a��l.V�1i�,c 1Vl r�V V V''�1Vaa d[Wl''S ��f,0(!:V�:V J-F 0:1i:, 1,,gn w��qd V�,11 V"��VV Via( o VV1O'1�C111�,�VVI�,. :i i m ....In the event that a building permit is issued under the assumption that none of the§80-8 provisions apply,and it is discovered that such provisions do apply after the project begins,then no ledge work shall begin or continue until a noise mitigation plan is submitted and accepted in accordance with§80-8(ii). J'1�1° In the event that the builder does not submit or follow a specified noise t:m m(i 11,i Li o III;plan,whether by using inadequate barriers,poor barrier installation,poor maintenance,failure to move them to a new work area on site,or any other problem,then work must cease until the issue is corrected and-penalty"V p� day mxjuay bie assessed in accordance with provisions of§80-7 vo­­A-k-ro-An-pt IpA"p­�A,+��I,�Inpp­;+Jq�­+ 1i Fl"ILLI , 8 7 §80-9.Special permits.[Amended 3-31-2004 ATM by Art.39] A. The Select Board, or its designees,may issue a special permit for any activity otherwise forbidden by the provisions of this by-law.A person seeking such a permit shall make a written application to the Select Board, or designee,on the appropriate form,which shall be available at the office of the Select Board or its designee. The following criteria shall be considered when deciding whether to issue a special permit: [Amended 3-27- 2019 ATM by Art.34] (1) Whether the cost of compliance will cause an applicant excessive financial hardship;and (2) Whether the proposed additional noise will have an excessive impact on neighboring B. The Select Board,or its designees,may issue additional guidelines defining the criteria to be considered and the procedures to be followed in applying for a special permit. [Amended 3-27-2019 ATM by Art.34] C. An initial special permit shall remain valid for up to one year from the date it was issued.Renewal of a special permit shall require: (1) A public hearing for review of whether the cost of compliance will cause an applicant excessive financial hardship;and (2) Evaluation of noise data at the boundary of the property in which the offending sound source is located. Renewal of a special permit shall be up to three years.Any special permit issued to the applicant shall contain all necessary conditions to ensure minimum disturbance to the adjoining residences. D. Legal notice of the time and place of said hearing shall be given by the Select Board,at the expense of the applicant, by publication in a newspaper of general circulation in Lexington once in each of two successive weeks,the first publication to be not less than 14 days before the day of the hearing and by posting such notice in a conspicuous place in the Lexington Town Hall for a period of not less than 14 days before the day of such hearing,and by delivering or mailing a notice thereof to the applicant,the Board of Health,the Police,Fire and Inspectional Services Departments and the abutters within 300 feet of the lot line.[Amended 3-27-2019 ATM by Art.34] §80-10.&e*e ,4 Y .Rules and regulations.[Amended 3-27-2019 ATM by Art.34] The Select Board,or its designees,may promulgate,after public notice and hearing,rules and regulations to effectuate the purposes and intent of this by-law.However,failure by the Select Board to promulgate such rules and regulations shall not act to suspend or invalidate the effect of this by-law. JIIIIllm IIII���ul� � 1lcIal&III o III pgjlomma &x1l,ict's I,�:aiy 111I III,g C jigll �I�y�y,.�.v.�.,. m y�y, ,..,y�y � �;.'III .mmm I�;�„w,.,� ryI y�yy��i y�yM.„^m.,;�,�. ,..,y�y,.� ,Ty II+,.m��6..w .��'%�.�. ,III...,;, y�y��.,�..,q..�,y��m���r..,i y��m� ,� y�y�.,r::�m�y�y, y�y ry�m y�y j� y�y y�.,�... y� y� y�y j��r m B. I III III III J W, III I I�III.::,III III III W�� W W��,�II W'tlw.., ...tl!�III III III i.:��III(k'V 1.I�"'ll 1'�a�III III.....'��N'��III.,��h��''�I'�..�II Illd u....�l III III�'.,:�III'�Y'i I�"'l,��III '�'„�III III III'�4,.�III '������III'��III W�u�m III W��II m�i W��III III Ip'I III i�m�III I�1 W`�4��III.,,, �"]]I IIICl$'""30. O[l c,,gliI 'I I Iubscgg!%W. Fines issued hereunder shall be issued in accordance with Chapter L 1-6 of the General vlaws. The imposition oft env for any violation shall _not excuse the violation or permit it to continue.--Each ay that at such violation continues shall e considered a separate offense.l - r® yra ii y. If a i section,- ap a YrapA or pa of t i y-la is for a y reaso eclare invalid or a co s i u io al y a court.eve other se go_� a era a pa shall continue_i__ 11 force. ICI IIIIUIUI Commonweial Iis,is,iciIl ls, Executive Officie. of Energy & Enviroinmenta�l Affah , 110 0 �C a rii 1) i d g e St Ce e t 11c)Ll it,le 9 0 0 B o st 2 114 61 7-292-5500 Mat,ura ........... ��Rdaecca ....................... Govenriar Seai-eta°°y III......liieutenant Ca-n III,-rII lii s s o lln e September 27, 2023 James J. Malloy Town Manager Town of Lexington 1625 Massachusetts Avenue Lexington,MA 02420 Dear Mr.Malloy, Congratulations! It is my pleasure to inform you that the Massachusetts Department of Environmental Protection(MassDEP)has awarded the Town of Lexington Recycling Dividends Program funds under the Sustainable Materials Recovery Program. The Town of Lexington has earned 11 points and will receive $191800. The Sustainable Materials Recovery Program(SMRP)was created under 3 10 CMR 19.300-303 and the Green Communities Act,which directs a portion of the proceeds from the sale of Waste Energy Certificates to recycling programs approved by MassDEP. This year,we are awarding$5.2 million in SMRP funding to 283 municipalities and regional groups. Recycling programs play a vital role in limiting our dependence on landfills and incinerators,reducing greenhouse gas emissions, and supporting economic activity in the Commonwealth. Recycling Dividend Program funds foster investment in local programs including recycling equipment, organics diversion, outreach and education,pilot programs, school recycling,toxics reduction, and more.Please refer to the AppEqyg x en�s, es,�Ljgt for more information. MassDEP has invested in developing nationally recognized tools to assist municipalities with reducing recycling contamination and improving public awareness of smart recycling practices.We encourage you to utilize the and IIZC,c c1c Smart mmmmmmmmmmmMA website and to consult with your MassDEP mmmmm ML1.1'1iCiP,'.'1]mmmm Amm s sist a.r1ce mmm('"'pordirialor,for assistance in implementing these best practices. To accept your grant award,please sign and return the attached RDP Contract via email before January 15, 2024.After we receive your signed RDP contract,funds will be sent to your community. Should you have any questions,please email Rachel Smith at. ..Rache.. l-Smith..( .................................................................................................................... Thank you for your continued commitment to recycling and waste reduction in Massachusetts. Sincerely, Bonnie Heiple Commissioner This information is available in alternate format.Please contact Melixza Esenyie at 617-626-1282. TTY#MassRelay Service 1-800-439-2370 MassDEP Website:www.mass.gov/dep Printed on Recycled Paper Agenda Tracker ITEM NAME PROPOSED MINUTES Item# Description DATE The Anthem Group's Lexington Approve One-Day Liquor 2-Oct-23 0 0 Pumpkin Fest Beer Garden 10/14 in Emery Park (Police- OK Fire- OK; License -The Anthem Group DPW - pending site review on 10/3; Approve (Special Event) The Anthem Group's Lexington Entertainment License-The 2-Oct-23 0 0 Pumpkin Fest live perform ances/band Anthem Group 10/14 in Emery Park - location updated on 9/19 Approve One-Day Liquor 2-Oct-23 0 0 St. Brigid Parish is hosting Italian Night License -St. Brigid Parish at the Church Hall/Basement 11/4 Approve One-Day Liquor Cary Library Foundation x2 events: Licenses -Cary Library ® a Foundation Fundraising Gala 4/6/2024 Spoons Out: An 18th Century Tavern Murder Mystery Fundraiser 10/14 Approve One-Day Liquor immediately outside of Buckman License - Lexington Historical ® ® ' Fire®' DPW ®' Permit;Society need to apply for Special Event Dave P confrimed this date. This Compost Pilot Program agenda item is to provide Recommendations 2-Oct-23 10 3 recommendations for the future curbside composting based on the pilot program rolled out in 2023. Recommendations from ad hoc Ad Hoc Transportation Study 2-Oct-23 30 4 committee for how to address changes Recommendations for Lexpress to transportation services The Board had previously authorized the Town Manager to establish a Tree Bylaw Working Group to review the current Tree Bylaw, enforcement and Tree Bylaw Working Group 2-Oct-23 10 5 propose any changes and for the Town Charge Review/Approve Manager to develop the charge for the Working Group, which was provided to the Select Board on 9/8 for review. Select Board to Vote and Sign All citizen petitions will be included at STM 2023-1 Final Warrant& 2-Oct-23 5 6 this time. Warant goes to printer 10/3/2023. Approve Town Moderator Letter Discuss and vote on HDC Associates Review and Approve Select 2-Oct-23 10 7 x3 vacancies Board Committee Appointments Need items to list on agenda. 12:00- Select Board Goal Setting 11-Oct-23 150 1 3:00 in person Public Service 2nd Floor Conference Room - Jon Wortmann (post by fri 10/6) Carolyn Kosnoff confirmed hearing to be on 10/16/2023, legal ad will be Public Hearing - FY2024 Water 16-Oct-23 25 1 published in the 10/5 Mnuteman and Sewer Rates Newspapaer(note: concern raised by the drycleaner regarding small business SELECT BOARD WORK Feedback and then vote, work session SESSION -Climate Action Plan topic to talk about implementation, how Discussion on Implementation 16-Oct-23 20 2 often to ® ' and coordinating with (checking on maybe moving to other plans. diff date) This meeting would be for the Select Final review of Noise Bylaw Board to review the final draft of the changes 16-Oct-23 30 3 proposed revisions to the Noise Bylaw for the Fall STM, Article 8-Speed Hump Pilot 16-Oct-23 30 5 Kelly will schedule SB presentation for Program STM Update, and possible vote, on schedule PLACEHOLDER- Update on for Patriots' Day weekend during the 250th Patriots' Day Celebration 16-Oct-23 10 6 250th Anniversary of the Battle of Schedule Lexington (moved to September per Concord on 9/14) . . . Jeff Howry submitted request on 2/6/23 PLACEHOLDER- Request for seeking to come before the Select Select Board approval for Board seeking approval to submit an submission of application of the 27-Nov-23 20 application for the Stone Building to be Stone Building as a National considered as National Landmark. he Historic Landmark confrimed ready to present at 8/7/2023 VHB will present the draft bike ped plan and answer questions. We expect 20 minute presentation plus 20 minute Bike/Pedestrian Plan Update ® - discussion.—total 40 minutes. (sheila page confirmed 10/23 works for consultant) LDa was hired to carry out the state budget ARPA earmark to study the feasibility of developing housing on town-owned sites. LDa will present the preliminary findings of its contract to evaluate the feasibility of producing housing, including affordable housing, at 173 Bedford Street, the Depot parking lot, and the CVS lot, while maintaining public parking. Two September stakeholder presentations Housing Feasibility Presentation 23-Oct-23 30 3 stakeholders'on the findings will have been held, with feedback summarized for the Select ® The Select Board's feedback and direction will help LDa to further develop and design the scope and concepts, so the Town would have the option to procure design and construction documents, pending a future authorization that includes bid phase services and construction administration, and to request a developer and pursue a Land Disposition Agreement. Public Hearing: Tax® Carolyn would like to hold hearing on Classification Presentation® ® 23-Oct-23 20 1 Oct 23- possibly- she will confirm. the back up date is November 13 23-Oct-23 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Application: One-Day Liquor License - The Anthem Group, Emery Park, 0 Massachusetts Avenue PRESENTER:TER• ITEM S NUMBER: Joe Pato, Select Board Chair C.1 SUMMARY: Category:Decision-Making The Anthem G ro uD: The Anthem Group has requested a One-Day Liquor License for the purpose of serving beer and wine in a beer garden/tent within a cordoned off area in Emery Park, 0 Massachusetts Avenue for Lexington Pumpkin F est on S aturday, O ctob er 14, 2023 from 12:00pm to 8:00pm. The request has been reviewed by the Police Department, Fire Department, Town Manager's Office, Economic D eve to p ment Office with no c o nc erns. The Department of Public Works will sign off after the site visit that is scheduled for Tuesday, October 3, 2023. SUGGESTED MOTION: To approve a One-Day Liquor License for the Anthem Group for the purpose of serving beer and wine in a beer garden/tent within a cordoned off area in Emery Park, 0 Massachusetts Avenue during Lexington Pumpkin F e s t on Saturday, October 14, 2023 from 12:00p m to 8:00p m pending the site review with the Department of Public Works. Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2023 ATTACHMENTS: Description Type F) 2023 Lexington.Pumpkin Fest f3eer(hrden.f-Fent I x)cation.M. 11.ap Backup Nllatleilal F) 2023 L txington.Pumpkin F I est Pn.)ceduires fbr Serving Alcohol Material ymyli 1,If(ffo5jmu'ifimUW�pa!rd i,�w�YdD rr...... rIf90wftrnswn, IILII � I, I: I �I I i I I I I �I I I il�VII I V I: I: V 10 I Illlu,lh I�� III�II uu ��� III I rI t„� I.I IIIII i. II I.I u I 1 ii II I �tl ,e I � � / J �J I v I / t I 1 I u , >f f J f f a r r� / , I �IN1, I,d I u'� s I I I ,IS II I a, /l , / r J Pumpkin Fest—Procedures for Serving Alcohol. This event will take place on October 14t",2023 from 12:00pm—8:00 pm at Emery Park. The Anthem operated beer garden will be open and soley server beer, wine and nonalcoholic beverages during the hours of 12:00pm—8:00pm. Emery Park will be cordoned off with temporary fencing. At the entrance,Anthem will provide at least two TIP certified staff members. One staff member will primarily be focused on checking IDs and identifying intoxicated behavior.The second Anthem staff member will be responsible for supporting"wristbanding" 21+guests as well as "floating" around the beer garden, collecting trash and keeping an eye on general behavior of the guests. All servers and bartenders will also be TIPS certified and operate one primary cash bar location.All alcoholic drink prices will range from $6.00-$12.00. Nonalcoholic drink prices will range from $2.00- $6.00. Our Anthem team will collaborate with existing local New England breweries with which existing relationships exist (e.g. Lone Pine, Bentwater Brewing, Winter Hill, etc.). Beer will be served in cans and wine will be poured (restaurant 5oz pour) in crystal cut 7oz glasses. Trash/recycling will be provided by the Anthem team as well. Guests will not be permitted to leave the perimeter with their alcoholic beverage. There will be multiple food trucks set up within the event space location for guests to purchase as well. Should you have any questions or concerns, please do not hesitate to reach out to Shelby Elwell at or at AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Application: Entertainment License - The Anthem Group, Emery Park, 0 Massachusetts Avenue PRESENTER:TER• ITEM S NUMBER: Joe Pato, Select Board Chair C.2 SUMMARY: Category:Decision-Making The Anthem G ro uD: The Anthem Group has submitted an application requesting approval for an Entertainment L is ens e for the purpose of live performances during Lexington Pumpkin Fest on Saturday, October 14, 2023. The live musical performances will take place in Emery Park at 0 Massachusetts Avenue from 12:00p m to 8:00p m. SUGGESTED MOTION: To approve an Entertainment L is ens e for the Anthem Group for the purpose of providing live musical performances for patrons of Lexington Pumpkin F est to take place on Saturday, October 14, 2023 from 12:00p m to 8:00p m in Emery Park, 0 Massachusetts Avenue. Move to approve the consent. FOLLOW-UP: Select Board O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2023 ATTACHMENTS: Description Type F) 20.23 1 e�xingtlon.Napkin Fest 13-and I k.)catlion.Map 1-kickLIP Material ymyli 1,If(ffo5jmu'ifimUW�pa!rd i,�w�YdD rr...... rIf90wftrnswn, IILII � I, I: I �I I i I I I I �I I I il�VII I V I: I: V 10 I Illlu,lh I�� III�II uu ��� III I rI t„� I.I IIIII i. II I.I u I 1 ii II I �tl ,e I � � / J �J I v I / t I 1 I u , >f f J f f a r r� / , I �IN1, I,d I u'� s I I I ,IS II I a, /l , / r J AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Application: One-Day Liquor License - St. Brigid Parish, 1981 Massachusetts Avenue PRESENTER:TER• ITEM S NUMBER: Joe Pato, Select Board Chair C.3 SUMMARY: Category:Decision-Making St. Brigid Parish: St. Brigid Parish has requested a One-Day Liquor License to serve beer and wine inside the Church Hall located in the basement of St. Brigid Church, 1981 Massachusetts Avenue for the purpose of Italian Night on Saturday, November 4, 2023 from 6:00pm to 10:00pm. SUGGESTED MOTION: To approve a One-Day Liquor License for St. Brigid Parish to serve beer and wine inside the Church Hall located in the basement of St. Brigid Church, 1981 Massachusetts Avenue for the purpose of Italian Night on Saturday, November 4, 2023 from 6:00pm to 10:00pm. Move to approve the consent. FOLLOW-UP: Select Board O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2023 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Applications: One-Day Liquor Licenses - Cary Library Foundation, 1874 Massachusetts Avenue PRESENTER:TER• ITEM S NUMBER: Joe Pato, Select Board Chair C.4 SUMMARY: Category:Decision-Making Cary Library Foundation: The Cary Library Foundation has requested two One-Day Liquor Licenses to serve beer, wine and spirits at Cary Memorial Library, 1874 Massachusetts Avenue, for the purpose of the fo llo wing events: • Reception for Supporters, Friday, November 17, 2023 7:00pm to 9:00pm • Fundraising Gala, Saturday,April 6, 2024 7:00pm to 11:00p m The requests have been reviewed by the Police Department, Fire Department and Town Manager's Office with no concerns. SUGGESTED MOTION: To approve two One-Day Liquor Licenses for the Cary Library Foundation to serve beer, wine and spirits at Cary Memorial Library, 1874 Massachusetts Avenue, for the purpose of the fo llo wing events: • Reception for Supporters, Friday, November 17, 2023 7:00pm to 9:00pm • Fundraising Gala, Saturday,April 6, 2024 7:00pm to 11:00p m Move to approve the consent. FOLLOW-UP: Select Board O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2023 ATTACHMENTS: Description Type oun-ation 1��went L ayout Reception fbr Suppofters Rackup Material F) Ca r I J I..)raty IF d Y F) Ca�y Libra,�y Foundation Event I ay o ut Fundraising(Ifla 1.3ackup Material F) ary L.knixy 1'.."Oulindatilon Procedures for Serving Alcohol 13ackup Material ------------ mow rsj! 771 yi Aj V,IA/ ek (NJ CARY LIBRARY FOUNDATION PROCEDURE FOR SERVING ALOCOHOL 1. Alcohol is only served by approved adult(age 21 plus) Foundation volunteer or employee. 2. Alcohol is to be served only on the main floor of the Library, solely at designated tables. 3. In the event that any patron appears to be under 25,the server will request to see identification of age. 4. Server will use experience and best judgment to deny alcohol purchase to any patron who appears to be in any way intoxicated. 5. Server will cease serving any alcohol thirty minutes before event ends. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Application: One-Day Liquor License - Lexington Historical Society, 1 Bedford Street PRESENTER:TER• ITEM S NUMBER: Joe Pato, Select Board Chair C.5 SUMMARY: Category:Decision-Making Lexington Historical Socie The Lexington Historical Society has requested a One-Day Liquor License for the purpose of serving beer and wine under a tent immediately outside of Buckman Tavern, 1 Bedford Street for Spoons Out:An 18th Century Tavern Murder Mystery Fundraiser on Saturday, October 14, 2023 from 7:00pm to 9:00pm. The request has been reviewed by the Police Department and Fire Department with no c o nc erns. The Town Manager's Office is requesting a Special Event Permit application be submitted by the applicant prior to the event for the use of the property. The Public Health Department is requiring a Temporary Food Permit application be submitted for the food being provided by Revolution Hall. The Building Department is requesting that a Tent Permit application be submitted for the tent also being provided by Revolution Hall. SUGGESTED MOTION: To approve a One-Day Liquor License for the Lexington Historical Society for the purpose of serving beer and wine under a tent immediately outside of Buckman Tavern, 1 Bedford Street during for Spoons Out:An 18th Century Tavern Murder Mystery Fundraiser on Saturday, October 14, 2023 from 7:00pm to 9:00pm pending the approval of the Special Event Permit. Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2023 ATTACHMENTS: Description Type F) 20231 i..xin.gtlon.1.listorical Societly Murder Mystery Fun.d,raiser I Dcat.l()rl Rackup Material M a F) 202,31 i-.,xin.gton.Historical Society Murder Mystery F 1111d,raiser ProcedUres l3ackup Material for Serving Alcohol ix �tafrfa rr�vyy��,ri 411irrr��;.�wr awl r r� ywmupim�.. All" fl�frrarrl p�J r,n r IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII� ���rlwr:. ��uulululululuui 1fh z' , rvry ��, : �ovrrnr;�f uuuuui��nuui Dili u,�r r�� yllVryll9�lry IP' ��. �I' AI(AI�II'f u ! uIW uG. J vv,� o u ' II��Illlllf"Y ^ ��, IN9r Ir 1 w OF m '1° fig i0 v IMERM .031 q' -III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Events with alcohol Last edited 4/24/2017 Lexington Historical Society serves alcohol at a variety of events throughout the year, including board meetings, exhibit openings,member preview parties for Relinquished Treasures, Holidays, at Buckman, etc., and at various other social events. The following document outlines what supplies the Society owns for events for drinkware and supplies,what requirements the town of Lexington and the Society have for legal purposes, and where these events can take place. Depot Supplies for Serving Alcohol Lexington Historical Society owns: Drinks: • The vast majority of Society events involving alcohol are wine-only events, either donated/purchased by volunteers or purchased by the Programs Manager. • Extra wine/beer is stored in boxes on the bottom of the shelving unit just outside the lift in the attic. Glassware (in the attic): • Five pallets of wine glasses • Three pallets of champagne glasses • 30 pint glasses for beer • For events requiring extra or specialized glassware, a list of rental companies can be found in the Events Planning Resources document(Documents > Events > Events Resources). Disposable Drinkware(in the attic): • Plastic drinkware is generally bought for individual events (either donated/purchased by volunteers or purchased by the Programs Manager), and extras are kept in the grey storage container on the Disposables cart in the attic. • An inventory of these items can be found in the Depot Event Supplies document (Documents > Events > Depot Supplies Inventory) and is updated after major events. • A list of online and brick-and-mortar stores to purchase plastic and paper cups be found in the Events Planning Resources document(Documents > Events > Events Resources). Other equipment: • The Society owns two corkscrews which can be found in the container of miscellaneous tools in the cabinets above the sink in the kitchen. Non-Alcoholic Equipment: • For non-alcoholic beverages to supplement these events,the Society also has three coffee makers, one designated for coffee, one for hot water for tea, and one for cider. The coffee maker actually used for coffee is kept in the kitchen. The two not used for coffee are located in the attic, in marked boxes. • Two clear plastic and two glass pitchers are also available under the sink in the kitchen. The Depot does not have the capacity to recycle bottles;volunteers and staff should remove them from the premises following an event. Legal Requirements for Serving Alcohol (Permits and Bartenders) The type of event being held will determine the steps necessary to serve alcohol: • Events which require a paid admission ticket and/or payment for drinks require a one- day liquor license from the town of Lexington, as we are in effect selling alcohol. o Copies of the form are available in the Event Planning section of the Resources binder and online.The Programs Manager must submit this form to the town selectmen's office along with a check for$25,preferably one month in advance, so that the Lexington Board of Selectmen can approve it at their next meeting. The license will then be mailed to the Society office. • Events that are open to the general public require a TIPS (Training for Intervention Procedures) certified bartender from a bartending agency for liability purposes.This is a Society rule,but is not required by the town of Lexington.The town does not require any paperwork or receipts from us. o Bartenders we have used in the past can be found in the Events Planning Resources document(Documents > Events > Events Resources). Different agencies require different time frames for ordering. o A tip of$20 or so is standard to be provided by the Society. Event type breakdown: • Paid(ticket or cash bar)for general public—liquor license, certified bartender • Paid(ticket or cash bar)for members or invitation only —liquor license,volunteer bartender • Free for general public— certified bartender • Free for members or invitation only-volunteer bartender Alcohol in the Historic Houses Most events taking place at the Historical Society will be held at the Depot,but occasionally the historic houses are also used for parties which serve alcohol,where extra care must be taken to preserve the collection. At events taking place at Buckman Tavern,Munroe Tavern, and Hancock-Clarke House, alcohol (and all drinks/food) is restricted to outside the period rooms,with the exception of Tavern Night at Buckman. For Tavern Night,period furniture is moved/roped off and alcohol is allowed downstairs.The Tap Room bar is a 192os reproduction and can be used to serve alcohol.The floor,likewise, is not original and spills should be cleaned promptly but not despaired of. Shelving under the bar is stable but shelving on the wall above the bar should not be used to hold anything more than empty glassware.Any period pieces normally on the bar or on the shelving behind the bar should be removed before actively using the bar. AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Application: Entertainment License - Lexington Friends of the Arts d/b/a Munroe Center for the Arts, Emery Park, 0 Massachusetts Avenue PRESENTER: ITEM NUMBER: Joe Pato, Select Board Chair C.6 SUMMARY Category:Decision-Making Munroe Center for the Arts: The Lexington Friends of the Arts d/b/a Munroe Center for the Arts has submitted an application requesting approval for an Entertainment License for the purpose of live performance(s) during the ArtWalk 2023 Celebration on Friday, October 13, 2023. The live musical performances) will take place in Emery Park at 0 Massachusetts Avenue from 6:00pm to 8:00pm. SUGGESTED MOTION: To approve an Entertainment License for the Lexington Friends of the Arts s/b/a Munroe Center for the Arts for the purpose of providing live musical performance(s) for patrons of the ArtWalk 2023 Celebration to take place on Friday, October 13, 2023 from 6:00pm to 8:00pm in Emery Park, 0 Massachusetts Avenue. Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2023 ATTACHMENTS: Description Type F) Ar-tW'al.k 2023(.,�elebration 11"Ind I k.)cafion.Mal,:) Ilackup Vlateiial fff ............ 'A� Wla A O� j 'aw......... ""POE, A/W M�5, .......... ............... ;'I IS IS ............... ........... ........... AE 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.7 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, G ranic us. Members were to submit the pre filled 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. Reminder emails were sent from the Select Board Office on August 29, 2023, September 20, 2023 and September 26, 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 the remaining 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 in serving the Lexington Community. Battle Road Scenic Byway Committee Communications Advisory Committee Design Advisory Committee Economic Development Advisory Committee F enc e Viewers Lexington Bicycle Advisory Committee Lexington Council for the Arts Lexington Human Rights Committee Lexington Scholarship and Educational Fund Committee Sustainable Lexington Committee Tourism Committee Tree Committee SUGGESTED MOTION: To reappoint the board and committee members as indicated on the attached list titled 2023 September Board/Committee Reappointments effective on October 1, 2023. Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2023 ATTACHMENTS: Description Type F) 2023 Septerrit')er Reappointments/Do N(..)t Reappoin.ts I3ackuj,,.)V11"aterial N......... .......................................................... ................................................................................................ ................... 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FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2023 ATTACHMENTS: Description Type SELECT BOARD MEETING September 6,2023 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Wednesday, September 6, 2023, via hybrid meeting platform. Mr. Pato, Chair; Ms. Barry, Mr. Lucente, Mr. Sandeen, and Ms. Hai were present, as well as Mr. Malloy, Town Manager; Ms. Katzenback, Executive Clerk; and Ms. Axtell, Deputy Town Manager. PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports No additional comments at this time. DOCUMENTS: Correspondence Secretary Report- September 6,2023, Select Board Announcements and Liaison Reports - September 6, 2023 TOWN MANAGER REPORT 1. Town Manager Weekly Update No additional comments at this time. DOCUMENTS: 9-1-23 Weekly Update CONSENT AGENDA 1. Approve Select Board Committee Appointment • Housing Partnership Board- Council on Aging Member-John Zhao To appoint John Zhao to the Housing Partnership Board as the member representing the Council on Aging for a three-year term set to expire on September 30, 2025. DOCUMENTS: 2023 Housing Partnership Board Application-Council on Aging Member-J. Zhao 2. Approve Lowering the Battle Green Flag on September 11, 2023 To lower the Battle Green Flag on Monday, September 11, 2023, the anniversary of the 9/11 attack on the United States and in memory of all those who lost their lives. 3. Application: Entertainment License—Follen Church Society, 755 Massachusetts Avenue • East Village Fair To approve an Entertainment License for the Follen Church Society for the purpose of providing live musical performances for patrons of the East Village Fair to take place on Saturday, September 30, 2023 from 10:00am to 3:00pm immediately outside of Follen Church between the Sanctuary and the Community Center, 755 Massachusetts Avenue. DOCUMENTS: 2023 East Village Fair Live Performances Location Map 4. Approve Hanscom Area Towns Committee(HATS) Draft Letter Regarding Hanscom Field Expansion To approve and sign the HATS letter regarding the proposed North Airfield Expansion at Hanscom Airport. DOCUMENTS: DRAFTHanscomLettertoGovernor-v3 5. Approve Select Board Meeting Minutes August 21,2023 Select Board To approve and release the minutes for the August 21, 2023 Select Board meeting. DOCUMENTS: DRAFT 08212023 Select Board meeting minutes 6. Approve Request to Lease Electric Powered Golf Cars for Pine Meadows Golf Club To approve the five-year lease with New England Golf Cars for golf carts at the Pine Meadows Golf Course and further to authorize the Town Manager to execute any associated contracts. 7. Approve Theater License Renewals • Lexington Theatre Project Inc. d/b/a Lexington Venue, 1794 Massachusetts Avenue (2 theaters) To approve the application and issue two Theater Licenses to Lexington Theatre Project, Inc. d/b/a Lexington Venue, 1794 Massachusetts Avenue, for Cinema 1 and Cinema 2 to show movies from September 1, 2023 through September 1,2024. 8. Approve and Sign Proclamation—Constitution Week To approve and sign a proclamation recognizing the week of September 17-23,2023 as Constitution Week in accordance with Public Law 915. DOCUMENTS: 2023 DAR Constitution Week Proclamation VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Update on Resolution Framework—Climate Change & Systemic Racism Hemali Shah, Chief Equity Officer, explained that the resolution framework is a commitment to the efforts adopted at Town Meeting regarding two resolutions, one related to systemic racism and a second related to full inclusion and a declaration on the climate emergency. The resolution framework is broken down into four sections: decisions and planning processes, action, measurable progress, and a comprehensive plan. This framework is still a work in progress. Maggie Peard, Sustainability and Resilience Officer, explained that this document is seen as a connecting document between the frameworks passed several years ago, and moving this into action. This also leads into the Climate Action Plan,which will be brought to the Board for review and adoption in early October. Mr. Sandeen stated that he would like for Town staff to consider external as well as internal decisions and plans regarding the climate change, the systemic racism, and the full inclusion resolutions. One example would be in terms of an actions for policing. He is gratified to see the goals relating to how staff are hired. Mr. Sandeen mentioned that the Anderson-Krieger report recommended tracking and reporting demographic data of police interactions with the public. He would also like to see that the Town takes proactive action to ensure that Town leadership reflects the full inclusion goals. Ms. Hai agreed that there is opportunity for this document to look externally. Bob Pressman, 22 Locust Avenue, suggested that there should be a reference to a housing entity,under the item to consider capital projects through an equity lens, include the Commission on Disability and Human Rights in decision making. Tom Shiple, 18 Phinney Road, stated that he would like to see data for the interactions with the public regarding policing. He would also like to see actions for sitting down with marginalized groups to strengthen relationships and understand people's experiences of Lexington based on race. Melinda Walker, 14 Larchmont Lane, stated that last line of the framework states that climate change disproportionately affects people of color and other marginalized populations. While this is true,the problem is that the roots of systemic racism are based in housing and black people. There should be additional community conversations or data collections regarding the deleterious effects of exclusionary zoning on the lives of black people. There are many ways this could be addressed within the Town. Pamela Lyons, 51 Grant Street, stated that Mass Transit by bus is the intersection of climate change and social justice. bus transportation has been historically underfunded and underpaid attention to at all levels of government. She urged that this topic be included in action items, as it is deserving of more support and increased funding. The plan also talks a lot about hiring and demographics but does not mention job requirements or pay scales. She urged the Board and the Town Manager to request that the authors of this report look into making recommendations to ameliorate these inequities. DOCUMENTS: Resolution Framework- Climate Change & Systemic Racism, Climate Emergency Declaration, Systemic Racism Resolution, Full Inclusion Resolution 2. Approve East Lexington Wayfinding Signage and Review Landscape Design Sandhya Iyer, Director of Economic Development, noted the presentation on the East Lexington Wayfinding signage project was supplied in the packet. Mr. Pato asked the Board if they had any questions on that project. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the wayfinding signage for the East Lexington portion of the Minuteman Bikeway as presented. Kyle Zick, Kyle Zick Landscape Architecture,presented the proposed seeding, landscaping, and invasive vegetation management plan along the Minuteman Commuter Bikeway. This item is being funded using ARPA. In response to a question from Mr. Sandeen, Ms. Iyer explained that the third stage of this project is the Store Back Improvement Program. Staff has started talking to businesses and property owners, and a $100,000 ARPA grant was received for this program. This will be carried out in coordination with the wayfinding signage, and the landscaping projects.As part of the landscaping plan, access points to these store backs have been determined. Mr. Pato stated that he believes Americans with Disabilities Act(ADA) compliant paths should be required as part of this project. DOCUMENTS: Presentation—Wayfinding, Presentation-Landscaping 3. Approve 10-Year Contract with Joseph's for Liberty Ride Trolley Mr. Malloy explained that the Town has reviewed purchasing an electric trolley and Staff has determined that the Town does not have the capacity to bring this in-house,to maintain and operate the Liberty Ride in this manner. A Request for Proposal (RFP)was issued, and one bid was received from Joseph's Transportation,the current operator. The RFP was based on a 10-year bid and includes a new trolley as well as expanded service. Currently the trolley runs four days a week for two hours per day between May and October, as well as some special events. The proposal is to expand the service to 7 days per week and three tours per day. Ms. Hai asked if there is any flexibility in the future for an electric vehicle. Ms. Iyer stated that a Request for Information(RFI)was issued prior to the RFP, and the RFI asked about purchasing an electric trolley. The information received stated that the costs from Joseph's would be similar for this type of infrastructure. Dawn McKenna, 9 Hancock Street, stated that she fully supports this proposal. She expressed concern with the contract regarding the security deposit. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the bid award to Joseph's Transportation for a 10-year period as per their bid and further to authorize the Town Manager to execute any associated contract documents. DOCUMENTS: Liberty Ride Non-Price Proposal, Liberty Ride Price Proposal, 5 Year vs. 10 Year Cost Analysis 4. Liquor License Amendments-Lixi Hospitality Lexington FB MGT, Inc. d/b/a Aloft Lexington, 727A Marrett Road: Pledge of License, Change of Manager and Change of Officers/Directors/LLC Managers Mr. Pato explained that Lixi Hospitality Lexington FB Mgt, INC d/b/a Aloft Lexington has submitted all the necessary paperwork requesting approval for a Pledge of License, Change of Officer, and a Change of License Manager on their All-Alcohol Innholder Liquor License. The proposed manager, Kamal Karibe, submitted a current Alcohol Awareness Training Certificate. The required CORI check has been completed. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve Lixi Hospitality Lexington FB Mgt, INC d/b/a Aloft Lexington's application for a Pledge of License, Change of Officer, and Change of License Manager naming Kamal Karibe as Manager and upon ABCC approval, issue an updated Liquor License to Lixi Hospitality Lexington FB Mgt, INC d/b/a Aloft Lexington, located at 727A Marrett Road reflecting Kamal Karibe as License Manager. DOCUMENTS: Aloft Lexington Amendment Application 5. Lexington Minute Men Proposal for Early Morning Evacuation Reenactment on Patriots'Day Captain James Lee, Lexington Minute Men, explained that the proposal is to include a reenactment that will highlight the courage and sacrifices of the Lexington women and children who,when faced with the threat of military destruction, gathered what little belongings they could and quickly hurried their loved ones to safety. The following new events are being proposed to be added the annual Patriots Day celebration: • A drill at 4:30- 5:00 am Lexington Minute Men would host a re-creation of Lieutenant Tidd drilling a squad of men on the Lexington Common, as described in an early 19th-century deposition. • Evacuation reenactment to start in and around the vicinity of the Lexington Battle Green at 5:00 AM and include a march or"flight"to the parking lot of St. Brigid Church. The event would conclude by 5:30 AM. Mr. Malloy explained that Police, Fire and DPW departments all provide support for this event every year. These departments have all indicated that they could continue to provide this support at the earlier hour,but there would be additional costs associated with the overtime. Ms. Barry explained that the Lex250 Commission has stated that it would appreciate more voices to be included for more accurate representation of the day. The Commission has not yet reviewed the revised proposal. Dawn McKenna, 9 Hancock Street, stated that the Minute Men Company has evolved over the years, and she trusts them in pursuing this proposal. She suggested that an economic impact estimate be considered. Stephen Cole, 45 Balfour Street, explained that an important part of the story told,that of the civilians, women, and children,has been left out over the years and can now be included, following historical depositions. It is important to tell the whole story to the public. There was general consensus on the Board to allow the Minute Men to look further into the proposal and vet specific details to be brought back at a later date for Select Board review. DOCUMENTS: Proposed Reeactment-Civilian Evacuation, Propsed Morning Drill and Civilian Evacuation timeline and evacuation route, 083123 Lex250 Memo to Select Board with Comments on LMM Proposed Additional Reenactment 6. Update from Lexington Council for the Arts -Porchfest Steve Poltorzycki, Chair of the Lexington Council for the Arts,updated the Board on the Porchfest event planned by the Council and scheduled to take place on Saturday, September 30, 2023, from 1:00pm- 6:00pm throughout Lexington. During Porchfest, homeowners volunteer to have their porches/decks/lawns serve as performance venues for musicians. Currently, approximately 80 bands and 55 porches have signed up for the event. A listing/map for the event will be created and distributed through the Council's website, and at the information desk on the day of the event. Ms. Hai suggested partnering with downtown businesses during future events. The Board expressed its support for this event. The Board took a five-minute recess. 7. Discuss Process for Town Manager's Performance Evaluation Mr. Pato explained that Mr. Malloy's contract anniversary is October 1, and the Board aims to conduct his annual review shortly after the completion of a contract year. Last year the Board asked Ms. Hai and Mr. Pato to organize the review process. Mr. Pato asked if the Board would like to pursue a similar process this year, including having feedback from senior management as a 360 review. Ms. Hai suggested a narrative to be included this year. Mr. Lucente stated that he would like to see a ranking of some sort, along with a narrative. The Board agreed to use a similar checklist and highlight areas of divergence for the review. The review process will begin in October. DOCUMENTS: Latest review 8. Review Stipend for Affordable Housing Trust Trustee Mr. Pato explained that the Affordable Housing Trust voted to recommend that the Select Board approve a$3,000 annual stipend for any low-or moderate-income Lexington residents serving on the Affordable Housing Trust(to be paid monthly out of Affordable Housing Trust non-CPA related funds). The rationale is to make it more manageable for the specific Trustee to attend meetings and work on Affordable Housing Trust,while otherwise assisting with childcare,transportation,time away from work, etc. Mr. Pato stated that the Town currently does not currently provide a stipend for any other Board or Committee appointees, and the Board may wish to consider the issue of equity among volunteers and that there are likely other low to moderate income Board and Committee members that have absorbed these costs themselves in the past to serve the community. The Town has 50+boards/committees that could realistically also have members that may request to be eligible for a stipend. This would require an appropriation to cover stipends which currently the Town does not have a budget. Mr. Lucente stated that he believes this is a slippery slope. It is unclear what the income level is for anyone serving on boards/committees in Town and he does not believe it is appropriate to ask such. Ms. Hai noted that there is a state requirement that a resident of the Lexington Housing Authority serve on the Lexington Housing Authority Board. This person does not receive a stipend. If adopted,this would need to be done uniformly for anyone who qualifies and be a budgetary line item moving forward. In response to a comment by Mr. Sandeen, Ms. Hai noted that the Housing Authority Board meets during weekday mornings. Ms. Barry stated that different committees are tasked with different amounts of work. There is probably a different area in Town that this money could be spent that would benefit more and have a greater impact. Mr. Sandeen explained that the reason that the Board made the case to require a member living in affordable housing to be on the Affordable Housing Trust is because it felt that it was critical to inform the Trust and the Board of the appropriate priorities for programs and priorities for the Trust, and to ensure that those programs are actually working in an effective manner. The Affordable Housing Trust currently meets twice a month, during the day. Thus,Affordable Housing Trust members are required to take time off from work during the day, leading to a potential a loss of income and a cost to cover a daycare in order to attend those meetings. The Affordable Housing Trust also has a budget. These are reasons to potentially deal with this item separately from other cases. Generally,this could be a larger equity issue. It could be seen as exclusionary that only those who can afford to volunteer on certain boards/committees can do so. Mr. Pato agreed that some barrier seems to exist for all to be able to participate on certain boards/committees. However, the majority of the Board does not seem interested in opening this door regarding stipends at this time. Ms. Barry stated that she does not in this seat because she afford to sit here. She sits because she chose to and because the residents of this Town elected her to sit here.What others are going through in their own lives cannot be assumed. Mr. Pato stated that it does seem to be the case that there are segments of the population who simply do not have the ability to make the choice to sit on a board/committee, even if they have the interest. It is unclear how to remove that barrier. Mr. Lucente noted that there could be multimillionaires who cannot sit on these boards/committees. Volunteering is based on the desire to do so. He stated that it could be presumptuous to assume that those with low incomes cannot participate in municipal government. Mr. Sandeen stated that, regarding this position,the person has to give up income and pay for an additional cost of daycare in order to attend these meetings. This may or may not push that person over the edge in terms of their ability to participate. From his perspective,these voices are needed in government, especially regarding affordable housing. He suggested that for these reasons,the Affordable Housing Trust decision is different from the general case. 9. Appointment of Lexington Representative to the Minuteman School Committee • List of Candidates for Consideration: o Laura Atlee o Judith Crocker o James Eisenberg o Roger Goodman o Sharon Musto Mr. Pato stated that the Board re-opened the application process for the Minuteman School Committee in August and held interviews for each candidate with one or two members of the Board at a time between August 16'and September Is'. All members of the Board have met with each candidate. Ms. Barry named Ms. Crocker as her candidate. Mr. Lucente named Ms. Musto has his candidate. Ms. Hai named her candidate as Ms. Atlee. Mr. Sandeen named his candidate as Ms. Musto. Mr. Pato named his candidate as Ms. Musto. It was noted that there was a majority for Ms. Musto at this time. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to appoint Sharon Musto as the Lexington Representative to the Minuteman School Committee. DOCUMENTS: 2023 Minuteman School Committee-Lexington Representative Application& Questions -L. Atlee, 2023 Minuteman School Committee-Lexington Representative Application& Questions -J. Crocker, 2023 Minuteman School Committee-Lexington Representative Application& Questions -J. Eisenberg,2023 Minuteman School Committee-Lexington Representative Application& Questions -R. Goodman,2023 Minuteman School Committee-Lexington Representative Application& Questions - S. Musto 10. Discuss Support for Civil Discourse and Lexington Public Schools' Serious Talks Curriculum Mr. Pato explained that the Board has been asked by the Human Rights Committee and members of the public to support the Lexington Public Schools' Serious Talks curriculum. Curriculum matters are the domain of the School Committee; however,the Select Board has at various times issued proclamations on inclusion and diversity. He asked that the Board discuss re-stating its support for civil and inclusive discourse. Mr. Pato stated that,while he personally supports the statements issued by the Human Rights Committee, there is a statement in the letter asking the Board to "support its implementation across all elementary schools."He stated that this is a directive statement for what a curriculum should look like and comes too close to stepping over the line on what the School Committee is doing. He would be comfortable with voicing support for how the School Committee and Administration approaches this issue and moves forward with reviewing and implementing its own curriculum. The Board could voice its support for the process the School Committee has pursued to bring the community together for discussion on the topic. He suggested that the Board could also reiterate its support for the Inclusion Proclamation that this Board issued on February 27, 2017,which spoke to its belief that"all means all" and everyone is welcome and included in Lexington's civic affairs. The Board agreed that Mr. Pato should draft a statement to be reviewed at a future meeting. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to re-affirm its support for the Inclusivity Proclamation the Board issued on February 27,2017. DOCUMENTS: LHRC Request ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 9:18pm. A true record; Attest: Kristan Patenaude Recording Secretary AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Public Hearing: Flammable Fuel Storage License - 440 Bedford Investors, LLC, 440 Bedford Street PRESENTER:TER• ITEM S NUMBER: Darren Germain, E as tern Propane I.1 SUMMARY: Category:Decision-Making Darren Germain, Eastern Propane, on behalf of 440 Bedford Investors, LLC, will be at the meeting to answer any questions regarding the request for a Flammable Fuel Storage License at 440 Bedford Street, Parcel 84- 41 F. The ap p lic atio n was reviewed by Fire, Building, Health and Conservation department staff who had no objections to the application. This lic ens e request is for the temporary usage of Four 1,000gal above ground s to rage tanks (AST)till approximately May 2024, after which time, the AST will be removed from the property and the L is ens e will then be revoked as it will no longer be needed for flammable s to rage on the property. As required, the hearing no tic e was published in the Minuteman Newspaper and the ap p lic ant sent the no tic e to abutters. SUGGESTED MOTION: Motion to (approve/not approve) a Flammable Fuel Storage License at 440 Bedford Street, Parcel 84-41F for the storage, operation and maintenance of flammable and combustible fuel, as presented. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2023 6:40pm ATTACHMENTS: Description Type F) I icense application 4.40 I...k,,df.brd Str et. 1.3,ackup Matefial � GIS Coordinates LEXINGTON LAT. � ' a Application For License LONG. �`9M Sv0 FP-002A Massachusetts General Law, Chapter 148 §13 License Number (Rev.6/23) W New License Ll Amended License Application is hereby made in accordance with the provisions of Chapter 148 of the General Laws of Massachusetts for a license to store flammables, combustibles or explosives on land in buildings or structures herein described. Location of Land: 440 BEDFORD STREET Number,Street and Assessor's Map and Parcel ID Attach a plot plan of the property indicating the location of property lines and all buildings or structures. Owner of Land: 440 BEDFORD INVESTORS, LLC Address of Land Owner: 265 FRANKLI N ST. SUITE 2002, BOSTON, MA. 02110 Use and Occupancy of Buildings and Structures: GENERAL BUSINESS If this is an application for amendment of an existing license,indicate date of original license and any subsequent amendments Attach a copy of the current license Flammable and Combustible Liquids, Flammable Gases and Solids Complete this section for the storage of flammable and combustible liquids, solids, and gases;see 527 CMR 1.00 Table 1.12.8.50, Attach additional pages if needed.All tanks and containers are considered full for the purposes of licensing and permitting. PRODUCT NAME CLASS MAXIMUM UNITS CONTAINER QUANTITY gal.,lbs, UST,AST,IBC, Cubic feet drums PROPANE 2.1 4000 GAL 4000 GAL AST Total quantity of all flammable liquids to be stored: 4000 GALLONS Total quantity of all combustible liquids to be stored: 4000 GALLONS Total quantity of all flammable gases to be stored: 4000 GALLONS Total quantity of all flammable solids to be stored: 4000 GALLONS LP- as (Complete this section for the storage of LP-gas or propane) Indicate the maximum quantity of LP-gas to be stored and the sizes and capacities of all storage containers. (See 527 CMR 1.00 Table 1.12.8.50) ❖ Maximum quantity(in gallons) of LP-gas to be stored in aboveground containers: 4000 GALLONS List sizes and capacities of all aboveground containers used for storage: (4) 1000 GALLON TANKS for temporary heat use. ❖ Maximum quantity(in gallons)of LP-gas to be stored in underground containers: 0 List sizes and capacities of all underground containers used for storage. 0 Total aggregate quantity of all LP-gas to be stored: 4000 GALLONS Fireworks (Complete this section for the storage of fireworks) Indicate classes of fireworks to be stored and maximum quantity of each class. (See 527 CMR 1.00 Table 1.12.8.50) Maximum amount(in pounds)of Class 1.3G: Type/class of magazine used for storage: ❖ Maximum amount(in pounds)of Class 1AG: Type/class of magazine used for storage: •:' Maximum amount(in pounds)of Class 1.4: Type/class of magazine used for storage: Total aggregate quantity of all classes of fireworks to be stored: Explosives (Complete this section for the storage of explosives) Indicate classes of explosive to be stored and maximum quantity of each class. (See 527 CMR 1.00 Table 1.12.8.50) ❖ Maximum amount(in pounds)of Class 1.1: Number of magazines used for storage: ❖ Maximum amount(in pounds)of Class 1.2: Number of magazines used for storage: ❖ Maximum amount(in pounds)of Class 1.3: Number of magazines used for storage: ❖ Maximum amount(in pounds)of Class 1A Number of magazines used for storage: •'• Maximum amount(in pounds)of Class 1.5: Number of magazines used for storage: ❖ Maximum amount(in pounds)of Class 1.6: Number of magazines used for storage: I, Darren Germain ,hereby attest that I am authorized to make this application. I acknowledge that the information contained herein is accurate and complete to the best of my knowledge and belief. I acknowledge that all materials stored pursuant to any license granted hereunder must be stored or kept in accordance with all applicable laws, codes,rules and regulations, including but not limited to Massachusetts Chapter 148, and the Massachusetts Fire Code (527 CMR 1.04). I further acknowledge that the storage of any material specified in any license granted hereunder may t exceed the maximum quantity specified by the license. Signature "'` " Date 8/28/2023 Name Darren Germain PLEASE NOTE THAT ONLY APPLICATIONS WITH ORIGINAL WET SIGNATURES WILL BE ACCEPTED. PHOTOCOPIES OF APPLICATIONS WILL NOT BE PROCESSED. Fire Department Use Only V Head of the 0Y4, Fire Department endorse this application with my prov W ❑ Disap roval Signature of Head of the Fire Department Date Recommendations: FP-002A(Rev.6/23) Page 2 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve Zero Waste Plan PRESENTER: ITEM Dave Pinsonneault Director of Public NUMBER: Works; Ruth Abbe, Zero Waste I.2 Associates SUMMARY: Category:Decision-Making Attached please find the Zero Waste Plan for the Board's review. Dave P ins o nneault, DPW Director and Ruth Abbe, Zero Waste Associates will be presenting. SUGGESTED MOTION: Move to (adopt/not adopt)the Zero Waste Plan. 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(3) (3) > LIM:3 Q ro V) u LIM m V) ro uO (3.) k,- LIM ro u ro (3) LIM 0 co O (3) *%MWOOO E 4MIJ i O:3 0 � U V) � � w V , N l ✓ 0 � ✓ 0 .o a r� p p udY �Iv �J f^, rJr, y, I 0 0 l In, I / � 1 V W r � II r 1 (f v v� p r i! i. r ri m I yy i Department of Public Works Town of Lexington August 2023 ............. ................. ///% E � I Executive Summary 1 Lexington's Zero Waste Initiatives 3 Introduction 9 Why is Lexington Pursuing Zero Waste? 9 What is Zero Waste? 10 Background 12 Town-Specific Actions and Policies 12 Programs 12 Infrastructure 13 Lexington's Diversion Rate 13 Stakeholder Engagement 14 Guiding Principles 15 Zero Waste Initiatives 16 Initiative Descriptions 18 Impacts 22 Implementation 23 Appendix A Public Input A-1 Appendix B Regional and National Examples B-1 Appendix C Methodology C-1 Appendix D Funding Opportunities D-1 Appendix E Industrial, Commercial, and Institutional Generation E-1 Executive Summary Lexington is on the path to Zero Waste. Implementation of the Zero Waste initiatives identified in this plan, will increase Lexington's overall waste diversion rate from 60% to 90% within 10 years. To achieve this, Lexington will implement new and expanded polices, programs and infrastructure to reduce waste and increase reuse, recycling and composting. This plan identifies the policies, programs and infrastructure that will be developed over the short-term (1-3 years), medium-term (4-7 years), and long-term (8-10 years). In the short-term, Lexington will initiate changes to the collection system to ensure that all residents, businesses, and institutions have comprehensive recycling and compost collection services. Lexington will also prioritize outreach & education and technical assistance to ensure that residents, businesses, and institutions have the information and support to reduce waste and fully participate in the expanded collection programs. In the medium-term, Lexington will consider new product policies and foodware requirements and expand reuse, recycling and composting infrastructure at Hartwell. In the long-term, Lexington will consider mandatory participation requirements, deconstruction, construction & demolition debris recycling requirements, and enforce state bans. This will increase Lexington's diversion rate incrementally over time. Current (as of 2021) 60% Short-Term (1-3 years) 72% ............................................................................................................................................................................................................................................................................................................................................................................................................ Medium-Term (4-7 years) 79% ............... Long-Term (8-10 years) 90% ............... Most of what is thrown away as trash is recyclable or compostable. The largest component (23%) is food. As much as 38% is compostable, 23% is recyclable, and 40% requires special handling. What is Still in the Trash? Recyclable 23% Other (Tires, Paper Compostable 38%, Electronics..... Textiles, Bulky ..... I............. % 1% .............................I Ite Plastic Special Handling 40% HHW 5% ............. .................. (including...... ........................"I'll...................... Metal Diapers) ........................"I'll................. ............. .............................. 5% 5% .......... .. ............... .-Glass ............... .......... 2% C&D (Wood,.....q.....ACompostablesphalt, Paper Carpet) 8% 14% Hard to Recycle Plastic Other )d 8% Organics 23% 7% Wheelabiratoir North Andover, Inc. 2022 Waste Characterization Study Report, MSW Consultants Twenty-two Zero Waste initiatives within seven categories are included in this plan. The initiatives were identified and researched by the Town's Zero Waste Planning Working Group and vetted through a stakeholder outreach process. More community input and engagement will be conducted as the initiatives are further refined and designed for implementation. 2 Lexington's Zero Waste Initiatives Changes to the M Expand compost collection Town-wide Collection System M Convert to automated collection with wheeled carts Evaluate rate structure incentives Evaluate every other week trash collection Provide reuse collection " 1�1i'' ���o���r�9J//�r�lip/��Y/iia/r/rrirr�>�j � ��_„;� � I�I�,� IW�rrn� !w� ���✓ o�{ rG' Ij ir/ u I f / rI r my, r � 1 ml 4y��;�ry„ f r Id�i a I Y %2 rpq,�h Y. F, p AN!r; io; kk wwwwww 111 �� 14M MR: ur Watertown, hing& I....,irash Collection 3 Outreach & Education IIIIIIIII Expand outreach and education efforts to assist all generators (residential, commercial, institutional) to reduce, reuse, recycle and compost r I fA kv 1 1 d u rll I, � 1J r ' I r r r i 0 f y 1 , f 77 I „ ,r I.......exiingtoin Gireein ,,,,,Feams Technical Assistance & M Provide school & business assistance Enforcement M Enact mandatory participation Enforce State Bans Certify Green Businesses I ,I I f N711Vi @p1yhUt¢rr„rIuyiuruuymiwtNuwu»uwgnsil»»», .,y„I,,,,JrJr,ere ; ,,, ;., / ,, //' r I .........."I...... MM11111111 011111MIN 1" /l�� �➢ W�,�J�Y)'1! x �,, „ r � 1'f r ���������"�,11f J r0/'%�/�/��� �f�JI t / r V� � 1 ✓ / /, i / 11 /' � / r r / f ,I I III I I r , I / / I r I r / l u ! / f , r / r f r , rr f f r ,l r / ,J „F I r l / / %�, l� / / ,,,;,,,,.:,,,, <, ✓,/iri,,,..,r/,,,a I I III u I ul.,V(Vd � r ,fir j 1 / rrrr r rr r ri/0%/iiiiim Ill/1/p1/Il1JJ` �' °„. r�✓ +J+I Jl i/ii/% IunlNilmf,/is,, , e III,II IpuuuuuuuuuuY IIUVVI 9Vy Recyching Workscue Lead by Example M Expand Environmentally Preferable Purchasing Invest in carbon farming Provide market development incentives tt ell ro "✓Y N��r I'�r9��' I � �j r � /IJ MN �J UlMass Carbon Fairimin linitiative Expand Infrastructure M Evaluate food scrap composting at Hartwell M Expand recycling/reuse drop-off Develop glass processing Develop education center Expand building materials reuse "I" ''M r I r / IV is(, , r II I.......exiingtoin Composting Facility(Ecoveirse Industries) 5 Deconstruction, Adopt deconstruction Construction & Demolition requirements Recycling Requirements Adopt C&D recycling requirements q w » Oil r 1 i I � t� r r r 1 f e err �J Y/ r 1 1 I`rr''r f r � 1 11 I Ii J / JJ Recycling r husetts Deconstruction Case Study Product Policies & M Expand Product Policies Programs Require reusable Foodware Ahl aiY � 'YIII iII I fill II / II� j �Ilh�� IIII�IIiiiiillV ' I II r/ 111,Ylkt(l f/�� � �/i�� � r��/ l/ �U ';I ,� .. ,I,� � ��, /fir/,ii✓ ,I;,a ii Illll.j��r�'�..,�IIII I I I�IY�ilj I 0 IY r r �I� ri/ I/ I / Y!I r n I r / a lullI' + 1VIfi uul I i I � y Ilk, - B I,,,,,,,exZeiroWaste Zeiro I,,,,,oGo ReusableI,,,,, e u 6 The Zero Waste initiatives build on each other and will be implemented over the short-term (1-3 years), medium-term (4-7 years) and long-term (8-10 years). Together, they will increase Lexington's diversion rate by 30%. Technical Assistance & Enforcement IMMEMEMEMEMEMEMOM Changes to the Collection System Outreach & Education IIIIINIMM Lead by Example MIMM Expand Infrastructure at Hartwell � Deconstruction, Construction & - Demolition Recycling Requirements Product Policies & Programs M 0% 2% 4% 6% 8% 10% 12% 7 Implementation of the Zero Waste Initiatives will require the Town to invest in dedicated staff or contractor support, new or extended contracts, and investment in expanded infrastructure. Changes to the programs may result in additional costs or cost savings to Lexington residents and businesses. Zero Waste Initiatives Staff or Volunteer Consultant, Support Contractor or Infrastructure Costs Changes to the Collection 1,000 hours (one-time) $50,000 (one-time) System 250 hours (annual) Outreach & Education 250 hours (annual) $25,000 (one-time) $25,000 (annual) Technical Assistance & 100 hours (annual) $10,000 (one-time) Enforcement $50,000 (annual) Lead by Example 250 hours (annual) ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Expand Infrastructure at 1,000 hours (one-time) $2-3 million (one-time) Hartwell Deconstruction, 500 hours (annual) $50,000 (one-time) Construction & Demolition Recycling Requirements Product Policies & 500 hours (annual) $50,000 (one-time) Programs Totals 1,850 hours (annual) $75,000 (annual) 2,000 hours (one-time) $185,000 (one-time contractor support) $2-3 million (one-time infrastructure) 8 Introduction On April 6 1", 2022, the Lexington Town Meeting adopted a Zero Waste Resolution (Article 27), which called for the Town of Lexington to: 1 . Adopt and model the Guiding Principles of Zero Waste as overarching goals for the community and all municipal and school operations. 2. Develop a Zero Waste Plan as soon as possible that would: • Include input from multiple stakeholders, including residents and Town staff • Establish goals that meet or exceed the state's 2030 Solid Waste Master Plan waste reduction goals • Recommend short- and long-term actions that address infrastructure, policies, local and regional collaboration, education and community engagement Plan for town-wide compost services • Provide a cost/benefit analysis on each waste reduction strategy under consideration • Prioritize solid waste reduction programs that minimize the impact on environmental justice communities. In June 2022, the Town convened a Zero Waste Planning Working Group, consisting of both Town staff and residents, to oversee the development of the plan and to ensure that the plan reflected the needs and desires of the community. Why is Lexington Pursuing Zero Waste? Trash generated in Lexington is burned in the North Andover incinerator and ash from the incinerator is buried in Shrewsbury. These facilities are adjacent to Environmental Justice communities that are financially disadvantaged, minority, and English isolated populations, who face disproportionate environmental burdens and are at disproportionate risk for negative health outcomes. The Massachusetts Department of Environmental Protection has 9 also predicted that Massachusetts will run out of landfill space by the end of the decade, requiring more export of trash to other states.' Lexington has a long and strong history of taking action related to environmental issues, and especially in the last 15 years in promoting and supporting programs that would address climate change at the municipal level. As the challenges related to disposing of solid waste have become clearer in Lexington, the opportunities and resources have also become more evident. Most of the trash generated in Lexington consists of both readily recyclable and compostable materials. Transitioning from the linear system of"take- make-waste" to a circular model where discarded materials are made into new products, will reduce pollution and make Lexington a more sustainable community. What is Zero Waste? The internationally peer-reviewed definition has been curated by the Zero Waste International Alliance: Zero Waste is the conservation of all resources by means of responsible production, consumption, reuse, and recovery of products, packaging, and materials without burning and with no discharges to land, water, or air that threaten the environment or human health.' Zero Waste is an aspirational goal like zero accidents on the job site and zero defects in manufacturing. Recognizing that there will continue to be some "legacy materials" generated in prior decades that must continue to be landfilled at the end of their useful life (such as treated wood and asbestos), the Town's performance measure for Zero Waste is 90 percent diversion from landfills and incinerators. 'Massachusetts 2030 Solid Waste Master Plan:Working Together Toward Zero Waste October 2021, page 3. https://www.mass.gov/doc/2030-solid-waste-master-plan-working-together-toward-zero- waste/download ZZero Waste International Alliance, Zero Waste Definition https://zwia.org 10 The Zero Waste Hierarchy of Highest and Best Use describes a progression of policies, programs and infrastructure to support the development of a Zero Waste system, from highest and best to lowest use of materials. THE PEF2t7► WASTE HIERARCHY RETHICVKfREDESIGIVI ........ - /........ REDUCE REUSE ! '! RECYCLE/CpMPOST MATERIAL, RECOVERY RESIDUALS MANAGEMENT 4W (BiologicaU treatment anct stabulizc_d IandfiVling) UNACCEPTABLE (Waste deregulation,incineration, and`waste-to-energy") The components of the Hierarchy are: • Rethink/Redesign - Design and purchase prod ucts/materia ls from reused, recycled or sustainably-harvested renewable, non-toxic materials to be durable, repairable, reusable, fully recyclable or compostable, and easily disassembled. • Reduce - Minimize quantity and toxicity of materials used. Reduce consumption. • Reuse - Maximize reuse of materials and products. • Recycle/Compost - Support and expand systems to keep materials in their original production loop and to protect the full usefulness of the materials. • Material Recovery - Maximize material recovery from mixed discards and research purposes after extensive source separation. • Residuals Management - Examine materials that remain and use this information to refine the systems to rethink, reduce, reuse, and 11 recycle in order to prevent further discards. Biologically stabilize materials prior to landfilling. • Unacceptable - incineration and other "waste-to-energy" or "waste- to-fuels" schemes. Background The Environmental Services Department manages the reuse, recycling, yard waste composting and trash collection programs within Lexington. The most significant existing policies, programs, and infrastructure to reduce waste are listed below. Town-Specific Actions and Policies • Zero Waste Resolution • Plastic Reduction Bylaws - eliminates the usage of thin-film single-use plastic bags, expanded polystyrene foodware and packaging, and single use plastic straws by all retail and grocery stores Lexington Public Schools Food Share Emgram - Standard Operating Procedures for surplus food donation and food share tables in cafeterias Lexi ngton Public School District Waste Reduction: Conservation, Recycling And Composting Polio - makes waste reduction and resource conservation an integral part of the operation of the school district and of the school curriculum Demolition permit - prior to permit approval, Superintendent of ............. Environmental Services reviews and signs off on permit applications to ensure recovery of mercury containing items, and promotes building materials recovery Programs Single-family residential curbside collection for recycling (weekly), trash (weekly), yard trimmings (seasonally), Christmas trees (seasonally), textiles and reusable household items (on-call), mattresses (on-call), electronics, scrap metal, appliances (on-call), food waste (by subscription), food waste drop-off(on-call) 12 • Multifamily and commercial recycling and trash collection (by subscription) • School recycling and food waste collection Food waste collection for staff at the Public Service Building and the Community Center Infrastructure Minuteman Household Hazardous Products Facility - regional hazardous waste program for household chemicals, pesticides and herbicides, automotive fluids, and paint Hartwell Facility - drop off for yard waste, cardboard, items containing mercury, scrap metal, car batteries, propane tanks, textiles, bicycles, and donations including books, CDs, DVDs, and video games LexSORT - Free Community Composting Pilot Program - food waste drop-off • Medical Waste drop-off- sharps, needles, syringes and expired medicine • Paper shredding Lexington's Diversion Rate In 2021, Lexington had an overall diversion rate of 60%, with 13,663 tons of materials were reused, recycled or composted and 8,965 tons disposed of as trash. Drop-off at Hartwell 19% Trash 60% 40°% 40% 13,663 tons 8,965 tons reused, recycled Curbside yard disposed as trimmings trash 23% Single strum ,,, rec c 13 Stakeholder Engagement A key difference between a traditional solid waste management plan and a Zero Waste planning process, is the focus on stakeholder outreach. Zero Waste requires a change in behavior. Changing behavior requires understanding the barriers and benefits of the proposed actions (reducing waste, recycling and composting more) and developing new or expanded policies and programs to overcome the perceived barriers to take advantage of the potential benefits. Understanding requires engagement. Listening sessions, a Town-wide survey, and Zero Waste Planning Working Group meetings were conducted to obtain input on the guiding principles, policies, programs and infrastructure to be included in the Zero Waste Plan. The draft Zero Waste Plan was presented at to the Select Board on February 6, 2023 and at a Town-wide workshop on May 24, 2023. A summary of the listening sessions, feedback from the public workshops, and the results of the Town-wide survey are included in Appendix A. Listening Sessions Town-wide Survey Listening sessions were 524 residents responded conducted with over an 8-week period community, school and between duly and business representatives September 2022 Zero Waste Working Group Public Presentations Ten meetings of the Zero Presentation to Select Waste Planning Working Board in February 2023 Group Public workshop held in May 2023 14 Guiding Principles Zero Waste is a holistic approach to managing the flow of resources through society in a closed loop system (circular economy) rather than a linear one. While Zero Waste includes the traditional hierarchy of reducing, reusing and recycling, it is much more. Zero Waste principles provide guidance on how resources are managed, from product design through ultimate disposal. Zero Waste is about designing products and packaging to minimize waste, creating incentives to encourage clean and sustainable products and processes, fostering both producer and consumer responsibility, investing in resource recovery facilities, strengthening local economies, and building community collaboration. This Zero Waste Plan uses the following guiding principles: Follow the Zero Waste hierarchy with a particular focus on upstream measures of reduce and reuse Lead by example in Town operations, facilities, and schools Educate everyone to change the culture of wasting Collaborate with institutions, community organizations, and local businesses Invest in clean air and healthy soil Look at long-term costs and benefits when designing solutions Consider Environmental justice impacts in decision making 15 Zero Waste Initiatives Twenty-two Zero Waste initiatives were identified for implementation in the short-term (1 -3 years), medium-term (4-7 years) and long-term (8-10 years). The Zero Waste initiatives were grouped into seven categories to evaluate their potential impacts, planning level costs, and strategies for implementation. Changes to the M Expand compost collection Town-wide Collection System M Convert to automated collection with wheeled carts Evaluate rate structure incentives Evaluate every other week trash collection Provide reuse collection Outreach & Education M Expand outreach and education efforts to assist all generators (residential, commercial, institutional) to reduce, reuse, recycle and compost Technical Assistance & Provide school & business assistance Enforcement Enact mandatory participation Enforce State Bans Certify Green Businesses Lead by Example M Expand Environmentally Preferable Purchasing Invest in carbon farming Provide market development incentives Expand Infrastructure at M Evaluate food scrap composting Hartwell M Expand recycling/reuse drop-off Develop glass processing Develop education center Expand building materials reuse Deconstruction, Adopt deconstruction requirements Construction & Adopt C&D recycling requirements Demolition Recycling Requirements Product Policies & M Expand product policies Programs M Require reusable foodware 16 These initiatives include both new or expanded policies (rules to be adopted by Select Board and/or Town Meeting), new or expanded programs (to be implemented by Town staff), and new or expanded infrastructure to be developed by Hartwell or regionally. Short-Term Medium-Term Long-Term 1-3 Years 4-7 Years 8-10 Years 8. Invest in carbon Farming 19. Adopt 9. Provide market 1. Expand development deconstruction Policies Environmentally incentives requirements 20 Preferable Purchasing 10. Expand product . Adopt C&D policies recycling 11. Require reusable requirements foodware 2. Expand outreach & ... ... education 3. Convert to automated collection with wheeled carts 21. Enact mandatory 4. Expand compost 12. Provide school & participation Programs collection Town-wide business assistance 22. Enforce State 13. Certify Green Business Bans 5. Evaluate rate structure incentives 6. Evaluate every other week trash collection 7. Provide reuse collection 14. Evaluate food scrap composting 15. Expand recycling/ reuse drop-off Infrastructure 16. Develop glass processing 17. Develop education center 18. Expand building materials reuse These Zero Waste initiatives were discussed by the Zero Waste Planning Working Group, refined through the public outreach process, and evaluated for inclusion in the plan. 17 Initiative Descriptions Short-Term (1-3 Years) 1 . Expand Environmentally Preferable Purchasing - Expand on Lexington's initial research into environmental preferable purchasing for all Town departments using the model developed by the Massachusetts Operational Services Division. 2. Expand outreach & education - Expand outreach and education efforts to assist all generators (residential, commercial, institutional) to reduce, reuse, recycle and compost. This initiative includes a number of components to enhance the Town's current recycling and organics programs to ensure that all residents and businesses have the information and tools to reduce, reuse, recycle and compost correctly. In order to change people's behavior, they need to be contacted 7-15 times from different sources to reinforce the message and detail the behavior desired. An initial education video can explain Zero Waste and refer viewers to an informative website laying out the Zero Waste Plan, bylaws, timeline, and goals. A dedicated Zero Waste page on the Town website can also contain a pledge that residents and businesses can sign, information about where materials are marketed, how to recycle right (links to Recyclopedia), where to recycle hard-to-recycle items, and a reuse and repair guide. Additional actions would include: door-to-door outreach; support for green teams at schools, faith-based organizations, local businesses and community groups; recycling and composting guides (in print and on the Town website), "oops" tags to instruct residents and business on proper sorting, social media posts, signage depicting materials to be recycled and composted on the lid of carts and bins; and "museum of bad design" displays in local libraries and Town buildings. 3. Convert to automated collection with wheeled carts - This initiative would be implemented along with other changes to the collection system to maximize convenience and minimize costs. Automated collection uses cart- 18 based systems to automatically empty collection containers using one- person crews. Instructions for proper recycling and what is not allowed in trash can be embedded onto the carts. 4. Expand compost collection Town-wide - Expand compost collection to all generators through implementation of Town-wide food scraps and compostable paper collection. Statewide studies of materials disposed at landfills and incinerators estimate that 33% could have been composted. 5. Evaluate rate structure incentives - Evaluate rate structure incentives along with other collection system changes to determine whether standardized containers and fee incentives will reduce waste and increase recycling and compost. This could include volume-based pricing, bin size reductions, or other forms of trash metering. 6. Evaluate every other week trash collection - Consider future implementation of every other week trash collection. The approach works in towns with weekly curbside compost collection. Trash volumes are reduced with compost collection so every other week is a potentially feasible, cost- cutting measure. There are over one hundred communities that have embraced this system in the U.S. 7. Provide reuse collection - Lexington recently expanded its collection program to include textiles and other household goods. This initiative would evaluate the feasibility of expanding reuse collection for larger bulky items through periodic collection events or on-call programs. Medium-Term (4-7 Years) 8. Invest in carbon farming - Explore opportunities for carbon farming, agricultural methods aimed at sequestering atmospheric carbon into the soil and in crop roots, wood and leaves. Compost from the Town's collection programs can be spread on local public lands, parks and farms to sequester carbon. 19 9. Provide market development incentives - Provide grants to community organizations, non-profits or businesses to address hard-to- recycle or hard-to-compost materials and promote reuse. 10. Expand product policies - Expand on Lexington's plastic reduction bylaws and consider future policies to reduce the impact of no-recycle, non- compostable, single-use problem products. 11 . Require reusable foodware - Require or incentivize food service providers to only use reusable food service ware for dine-in or take-out. 12. Provide school & business assistance - Conduct trainings, site visits, walk-through audits or assessments, and distribution of displays and signs to increase rates of recycling and/or composting at facilities. 13. Certify Green Businesses- Expand on Lexington's initial research into Green Business Certification to increase the level of participation in recycling and composting programs, provide recognition for successes through a Green Business program or a Zero Waste Businesses or Schools program. 14. Evaluate food scrap composting - Develop or contract for local or regional compost processing facilities for yard debris and/or food waste. The Town could consider adding a food scrap composting facility at the existing Hartwell Composting Facility. 15. Expand recycling/reuse drop-off- Expand drop-off facility at Hartwell to accept additional materials that are hard to recycle for reuse, refurbishing and/or recycling. 16. Develop glass processing - Develop a glass processing center to process and market glass regionally. 17. Develop education center - Develop an education center at Hartwell to provide resources, tours and information about how to reduce, reuse, recycle and compost. 20 18. Expand building materials reuse - Develop or contract for reuse centers for sale of salvaged building materials and used household items. Long Term (8-10 Years) 19. Adopt deconstruction requirements - Adopt requirements for deconstruction of buildings slated for demolition or substantial demolition. 20. Adopt C&D recycling requirements - Adopt requirements for C&D recycling/reuse in a C&D or Green Building by-law or building permit. 21 . Enact mandatory participation - Require, through bylaws, proper separation of recyclables from refuse by households and businesses. 22. Enforce State Bans - Massachusetts currently bans materials from landfills and incinerators, but does not routinely enforce these bans on individual generators. Adopt a bylaw to enforce the bans of specific recyclable, compostable or toxic materials from entering local transfer stations, landfills, and incinerators. 21 OM __ � I Implementation of the Zero Waste initiatives has the potential to increase Lexington's overall diversion rate from 60% to 90%. Using conservative estimates for capture rates by material type, the short-, medium-, and long- term Zero Waste initiatives would result in an additional 6,672 tons of materials diverted from landfills and incinerators per year through reuse, recycling and composting. Technical Assistance & Enforcement ONSIONEEMENEEME= Changes to the Collection System 1§111MMEJENNIIIISSM Outreach & Education Lead by Example MEM Expand Infrastructure at Hartwell 1111M Deconstruction, Construction & _ Demolition Recycling Requirements Product Policies & Programs � 0% 2% 4% 6% 8% 10% 12% Calculated based on Lexington disposal tons, regional composition data,and estimated capture rates for Zero Waste initiatives Waste prevention, recycling and composting activities also reduce greenhouse gas emissions. Using the U.S. EPA Waste Reduction Model (WARM), the Zero Waste initiatives to be undertaken in the short-, medium- and long-term are estimated to reduce greenhouse gas emissions by approximately 9,523 metric tons of carbon dioxide equivalent. This will contribute to Lexington's ultimate goal of Net Zero Emissions. 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The responses from each of these efforts are meant to be informative, not to dictate what should or should not be implemented; the survey is not a statistically accurate sample. Rather, responses are a snapshot of what some people think, highlight where there may be support and opposition to different policies, programs and infrastructure, and identify where education and outreach are needed to inform residents of existing and planned initiatives. The town's Zero Waste Advisory Committee identified stakeholders to be interviewed. Six stakeholder meetings with seven people were held. These include an individual who had opposed the town's former Pay As You Throw Program, people working in and with schools, business leaders, and a composting company. Details of stakeholder interviews are below, but two key points from businesses are that finding space for recycling is hard, it would be helpful to have a central place for downtown Lexington retailers to have a central, shared recycling bin. Also, it is hard for small businesses to find the bandwidth to research alternative products, guidance from the Town would be helpful. Expanding compost to include food scraps at the Town's Hartwell site probably isn't practical, but there are alternatives. With schools, there is much going on, but also opportunities. Green Teams are looking for Zero Waste projects, and students can research and bring policy to Town Meeting. In addition, with the new High School, Zero Waste should be incorporated starting from the design. A link to an on-line survey was sent to town residents and businesses by members of the town's Zero Waste committee. 524 people responded to multiple choice and open-ended questions. Almost 99% of those that answered are residents, and 3% are businesses (there is some overlap between the two groups). Full survey questions and responses are included below. To summarize some key points: Respondents for the most part were enthusiastic practitioners of Zero Waste or wanting to learn more. • Over 43% of respondents felt that Lexington should institute volume-based trash fees (vs. 37%who do not and 29%that said maybe) A-1 • Most people were in favor of product bans (similar to Lexington's existing plastic bag ban). • Most people said that Lexington should have a policy to require recycling and reuse of construction and demolition materials • Almost all respondents said that Lexington should have a policy to require reusable, recyclable, or compostable items at street festivals, beer gardens, and other events that require a special permit • Over half the people responding were fine having less frequent trash collection if food scraps were collected weekly • The vast majority said the Town could do more to educate residents, businesses, and school children • There were lots of things residents are already doing to reduce waste, and many ideas for programs the town could implement to reduce waste in schools and public buildings, such as reusable packaging, more material donation opportunities, education, food diversion, competitions, and more. • There were also many ideas for ways the town can help businesses and residents do more • The most popular categories of waste that people would like to eliminate, reuse, recycle, or dispose of in a better way include all kinds of plastics, compostable materials, textiles, and electronics. Packaging, toys, and other items also were listed. • Additional ideas for Zero Waste Programs were suggested, including a giveaway/takeaway area at Hartwell, more repair opportunities, more secondhand stores, a creative reuse center for art supplies, composting at nursing homes, and recycling of construction and demolition materials on site • Almost 3/4 of respondents would like to see the Town contract with a compost company to collect food scraps. • Almost 3/4 also want to see recycling expanded at Hartwell or other physical space in town. Suggestions include: clothes, electronics household goods, small appliances, and a swap shop. Some people added that they wanted to see Hartwell's hours expanded, others said there should be a more welcoming place than Hartwell for such efforts. • Over half the respondents said they would like to have more places to buy household goods in bulk, more places to repair things, and a building materials reuse center. Other ideas for infrastructure include a kiln at Hartwell to make biochar from wood waste, a tool and equipment library, and milk dispensers in the schools. Many people suggested things that there is already access to, such as textile recycling, clothing consignment and furniture donation, buying things in bulk close to home, and cardboard recycling. This could mean that the town could do more to educate people about local zero waste opportunities. A-2 In a number of places throughout the survey people said that they didn't have any faith that their recycling was actually being recycled. Two quotes: "My main concern is things we put out for recycling are not practical or cost-effective to recycle so end up being incinerated anyway. Recycling programs may actually be counterproductive because they give the false impression that there is a program for reuse when there largely is not." "I don't believe the town is actually recycling anything in the curbside bins now even though we still separate things. Is this true?" This points to a potential need for more or better education about what can be recycled or reused, and how, and what happens to recyclables. Having more faith that recyclables were being recycled would likely help boost participation. A-3 Stakeholder Interviews The town's Zero Waste Advisory Committee identified stakeholders to be interviewed. Six stakeholder meetings with seven people were held. These include an individual who had opposed the town's former Pay As You Throw Program, people working in and with schools, business leaders, and a composting company. Some key takeaways: Businesses: • There is not enough space for small businesses in the downtown corridor to recycle recycling bins central to a group of businesses would be helpful • Small retail businesses don't have the budget or staff capacity to research Zero Waste options, they need clear direction from the town regarding acceptable alternatives • A food collection point for composting would be helpful • Small businesses don't have the power to change how the items they receive are packaged • There are three main types of businesses downtown service, merchandise, restaurants. Each type probably has similar waste streams. Schools • Learning how to bring policy to town meeting can be a good educational opportunity for students • Green teams in schools are always looking for more ideas and opportunities to get to Zero Waste • The town should think about how to incorporate Zero Waste before building the new high school • There is a lot of good Zero Waste activity already ongoing in schools, including food waste reduction, composting, clothing donations, water filling stations, reuse of surplus materials, electronics refurbishing and recycling, and education about sustainability • Schools don't have a sense, however, of what the biggest sources of trash they make are. And much of the work is done by volunteers rather than paid staff that would be devoted to sustainability and zero waste. • There is opportunity to do more, such as curriculum about composting, Zero Waste lunches Compost • Hartwell probably wouldn't make sense as a site to compost food scraps and yard trimmings, since operations would need to be done indoors and the site is not suitable for a building with the capacity to do this Other feedback • Food waste collection is a big opportunity • There are lots of opportunities for transfer or reuse stations in town to lessen the amount of stuff people buy A-4 • No need to expand Hartwell for product exchange, when so much today is on line • The temporary Quonset but housing the police could be a better location for reuse than Hartwell • Extended Producer Responsibility is necessary • Teardowns of existing buildings is wasteful some sort of incentive is needed to reduce that • The town should ask its recycling contractor to show where materials are going for recycling, more transparency is needed • Zero Waste is important but PAYT isn't the way to get there A-5 Survey Results Summary A. Policy 1. Many communities have instituted household trash fees based on the volume of trash disposed by the household as a way to more equitably spread the cost of trash disposal. Do you think Lexington should institute such a program? •Yes i No 4101111110 Maybe 2. Lexington currently bans the use and distribution of certain types of plastic bags at retail stores. Do you think the town should ban other types of disposable products that can't be easily reused or recycled?If so, what? (371 responses) • Most respondents specified they would like to see bans on other types of plastic, such as black plastic, Styrofoam, clamshells, utensils, takeout containers, water bottles, and more. • Some people suggested bans are better done at the state level. • Additional responses include first understanding what contributes the most to the waste stream as long as there are better alternatives, and looking at full lifecycle impacts of alternatives. • About 30 people said no to bans. 3. Should Lexington have a policy that requires the recycling and reuse of construction and demolition materials? 524 responses i Yes � No � Mayibe A-6 4. Should Lexington have a policy to require reusable, recyclable, or compostable products forfood at street festivals, beer gardens, and other special events that require a town permit? 524 responses �Yes M Na Maybe 5. Do you have any other thoughts on these or other Zero Waste policies for Lexington that you'd like to share? • institute town wide composting of food scraps (about '/4 of respondents mentioned this is some form) • provide information for people who are downsizing to find outlets for their household items • have a central reuse site • create incentives for waste reduction • provide bins for organics around town • set up water bottle filling stations • enforce existing policies • have town sponsored Terracycle bins • provide more opportunities to buy in bulk • do more education • support Extended Producer Responsibility • hold special recycling days for difficult to recycle materials • put in place more incentives/support for reusables • don't institute Pay as You Throw, provide trash containers smaller than 64 gallons in size, or add compost to the tax burden • provide more options at Hartwell for reuse and recycling • limit home teardowns • have more pickup dates for yard waste • put in place a "skip the stuff" policy, where utensils, etc. for takeout are only provided upon request • reduce single use plastics in schools • hold a town wide flea market • clean up litter, it makes people think the town isn't serious about properly taking care of waste A-7 • education, enforcement, and well thought out policy that won't harm businesses are key • start with voluntary programs • get rid of single stream • make sure anything done is affordable and that fees are equitable B. Programs 6. Would you be willing to have trash collected less frequently if there was weekly collection of household food scraps provided by the Town? 524 responses �Yes 0 No �R Maybe 7. Should Lexington do more to educate school children, businesses and residents about Zero Waste opportunities? 524 responses �'Yes � No I don't know 8. If you answered Yes above, please describe what would be helpful(277 responses): • step up public outreach • create brochures and videos • do more mailings and emails • use more volunteers to educate school children • use fewer volunteers and create paid positions to do zero waste education, • add zero waste to the school curriculum • place articles in local papers • work through community organizations A-8 • hold programs through the schools to educate parents • look to successful education programs in other communities • hold information sessions and demonstrations at libraries and events • take school children on field trips to waste facilities • teach ecology starting in kindergarten • educate residents about the high quality of Lexington's water to reduce single use water bottles • make the connection between zero waste and carbon footprint • put more signage everywhere • focus on not making trash • look at the environmental and financial costs of waste • perform waste audits in schools, and include students • educate school custodians and staff • counteract misinformation about recycling • tell people how to reduce waste • provide a flier with the tax bill • start an audit/certification program for green businesses, including window decals • collaborate with arts organizations for messaging/branding/engagement • hold school assemblies on waste and other environmental topics • provide information about the benefits of recycling, • create a Green Team focused on residents and businesses • show documentaries at the library • support art projects (like the black plastic one at the Munroe Center) • have a staffed booth at Discovery Day and other town events • put reminders on recycling bins • provide signage for businesses to put up in their workplaces • involve science coordinators • send out automated email recycling/trash collection reminders • be repetitive • provide lawn signs • let people know about Zero Waste businesses in town • create gamification or other interactive learning tools • send out reverse 911 calls • don't pick uptrash/recycling that doesn't comply with rules • put compost bins next to every trash can downtown • show positive examples from other countries • explain impacts of landfilling, incineration, and consumption • use social marketing techniques • send out monthly zero waste tips 9. Do you have thoughts about programs that the town of Lexington can put in place to reduce waste generated in schools and government offices?(199 responses) A-9 • reusable packaging containers for deliveries • allow donation of unopened food from school cafeterias • do double sided copying • go paperless • install dishwashers • teach parents about packing Zero Waste lunches • don't use K-cups • have more water filling stations • get rid of vending machines • hold Zero Waste competitions in schools • compost in all buildings and tie composting to the science curriculum • reduce food service packaging • don't use trays and do use reusable plates and silverware • give fewer plastic toy rewards to school kids • purchase environmentally preferable products • serve food from school gardens in cafeterias • do a school food waste challenge, measuring the amount of wasted food at the beginning of week, doing education, and measuring again at end • work with Whitsons to reduce packaging • don't require kids to take food they won't eat • use refillable cleaning products • provide signage about how much waste is generated • go digital first for bills, etc. • pay staff and reduce dependence on volunteers • make surplus furniture and supplies available to the public • have a sustainability leader in each school 10. Are there programs that the Town could enact that would help businesses and residents reduce and divert more materials from disposal(the top 4 answers were provided as options, with "other"for ideas to be added by respondents) (472 responses) • add small businesses to curbside recycling collection (381 responses, 81.4%) • host an on-line platform for materials exchange (336 responses, 71.2%) • host repair fairs (250 responses, 53%) • add more materials to curbside recycling (286 responses, 60.6%) additional suggestions: • a drop off location for cardboard and glass • provide more services to apartment complexes • town wide compost pickup • recycle equipment and electronics such as printers, computers, and household gadgets • provide educational programs about Green Living • host recycling days for materials not in regular curbside A-10 • on-line platform for materials exchange • more recycling and compost bins in public places • furniture drop off or pickup • make more drop-off locations available • allow commingling of carboard and paper curbside • reusable household goods collection • host repair fairs • town wide curbside composting • refuse mass junk mail • put stickers on reusable items left at curb to let people know where to donate • provide a way for people to buy laundry detergent in bulk • extend yard waste collection dates • host repair fairs • teach residents how to upcycle and reuse • provide water refill stations • make reuse chic • set aside space at Hartwell for exchange of toys, household items, etc. (see transfer stations/drop offs in Wayland, Arlington, and Nantucket as examples for swapping activity) • town wide yard sales (Arlington does) • let markets determine what should be collected • ban plastic bottled water • create rules to discourage businesses from throwing out food, including donation • charge for trash over a minimum set by town • cla rify what ca n a nd ca n't be recycled • actually, recycle what goes in bins • mandate paper and plastic recycling • require businesses, when renewing permits, to be more eco-friendly • use compostable-ware and have receptacles at stores in town center • minimize junk mail advertising • make info on town website about on-line exchange programs more accessible • is there an alternative for disposing of kitty litter? • do more to support the repair shop in town center • add Terracycle materials • town "Trash to Treasure"day where residents can put items on curb for others to scavenge • waste audits and demonstrations • go back to source separated recycling(vs single stream) • discounted Soda Streams in place of seltzer cans and bottles • K-cup and crayon recycling A-11 • put redeemed bottle deposits towards real estate taxes • art supply station for random things • large bin for household goods that can be reused by non-profits • a table at the farmers market for free things • a way for homeowners to recycle or get rid of home renovation materials (even for a small fee) • make it easier for residents to recycle furniture and other large items that someone can use • partner with big zero waste initiatives for reuse and repurpose, such as the Lynn bottle caps into park benches program • promote existing on-line platforms, like Freecycle • engage the community in efforts that shift mindset from "throw-away culture"to "repair and love/use longer" • flea market at the dump • partner with UTEC or similar entity for mattress recycling 11. Are there waste items that you frequently generate that you wish you could eliminate, reuse, recycle, or dispose of in a better way that the town could help develop programs for?If so, please describe (296 responses): • Plastics including bags, zip lock bags, tubes, #5 plastics, laundry jugs, pill bottles, plastic nursery pots, Styrofoam of all kinds, black plastic, takeout utensils, clamshells, bubble wrap, takeout containers • Other items: cassette tapes, milk cartons and aseptic containers, batteries, light bulbs, clothing, lined cardboard, books, bricks,junk mail, cardboard boxes, kitty litter, chip bags, contact lenses, bulky items, delivery packaging, diapers, paint, glass, home construction materials, sports equipment, freezer packs, invasive weeds that shouldn't go in compost, junk mail, things needing repair, kids' art supplies, old journals and magazines, furniture, pizza boxes, broken ceramics, coffee bags, aluminum foil, toys, and shredded paper 12. Please share any other thoughts you have about potential Zero Waste program opportunities for Lexington (89 responses) • have a giveaway/takeaway area at Hartwell • more repair- expand the senior center fixit program and teach repair in schools • an app where you can upload a photo and it will tell you what to do with that item • more secondhand stores for a wider variety of items • encourage residents to advocate for state policies (e.g., bottle bill, EPR) • look at Arlington as a model for outreach • creative reuse centers for arts materials • offer free composting services to nursing homes A-12 • less frequent trash pickups may make it harder for seniors to lift bags • make builders recycle more on site • put more emphasis on Zero Waste strategies in the next hauling contracts • structure costs to be at least property tax burden neutral • provide information for new residents • have periodic curbside scrap metal pickups C. Infrastructure 13. Do you think Lexington should contract with a company to run a curbside food scrap composting program? 524 responses 0 Yes 0 No 41111101, Maybe s+ 14. Do you think the town should expand opportunities for reusable product exchange at the Hartwell recycling center or other physical space? 524responses •Yes 0 No �kv � I don't know 15. If you answered yes above, please Include examples, like clothes, electronics, household goods, small appliances, etc. (300 responses) • clothes • electronics • household goods • small appliances A-13 • swap shop for anything that can be repurposed/reused (building materials, sports equipment, furniture, toys/games, art supplies, gardening tools, children's items, clothing, pet accessories, etc.) • expand Hartwell hours • have a webcam or electronic list so people know what's there • find a more welcoming place than Hartwell • examples of other sites to learn from include Wellesley and Nantucket • partner with non-profits that can take collect materials at the site 16. What types of commercial businesses do you think could be located in town that would help you with Zero Waste practices? (The first three options were provided, with an "other"category for suggestions) (524 responses). • more bulk buying and refilling (291 responses, 55.5%) • more places to repair things (294 responses, 56%), • building materials reuse center (297 responses, 56.7%). Other suggestions: • more used clothing stores • places where parents can get used school items for their children • takeout container reuse • a list of vetted repair contractors • more zero waste options in existing stores • art depot and workspace for reusable materials • rental for household goods and tools • use empty storefronts for pop-up repair centers • a used bookstore • a place to donate workable used appliances 17. Do you have any other thoughts about infrastructure that could help Lexington achieve Zero Waste goals?(88 responses) • a kiln at Hartwell to make biochar from wood waste • a party store reuse hub for schools, PTA's, sports boosters • more containers for groups like Planet Aid • composting • dispensing machines for milk and other items in grocery stores • permission to dig up plantings when tear-downs will pave them over • home trash audits • examine yard care practices to reduce waste • tax benefits for reuse businesses • Black Earth Compost • make a list of reuse businesses • change zoning to encourage additions over tear downs • a town sponsored place to leave usable items A-14 • ensure citizens and businesses are informed about options, such as Rescuing Leftover Food, FoodLink • a lawn equipment rental center • cheaper commercial rents are needed • tax new home developments to fund a building material reuse center D. Other 18. Do you have other thoughts about how Lexington can help residents and businesses reach Zero Waste?(137 responses) • normalize dumpster diving • work regionally • ban plastic water bottles • celebrate businesses that do well • charge more for waste disposal • lead by example • encourage residents to support EPR • do more education • expand the Everything Free Lexington Facebook page • give people a reason to care about Zero Waste • hold Zero Waste household and business awards • a town giveaway day to leave things at the curb • bring back dual stream recycling • nudge people, don't mandate • have one town website with all zero waste resources • host a town environment day • include water and energy when thinking about waste • work with the Board of Health so people can bring their own containers to cafes and restaurants • do a sector-based analysis of what is in our trash • have a "sharable"website for equipment, large amounts of plates, etc. E. Please tell us a little about you 19. Are you a Lexington resident and/or do you have a business in town? • Resident(518 responses, 98.9%) • Business (16 responses 3/1%) 20. Which of the following Lexington waste diversion programs have you participated in in the past year-- check all that apply(first 9 options were provided, plus "other). (524 responses) • Curbside recycling(472, 90/1%) • Donate or sell materials (clothing, building materials, bicycles, books, etc.)to organizations (471 responses, 89.9%) • Drop off yard waste for composting(271 responses, 51.7%) A-15 • Household hazardous waste (289 responses, 55.2%) • Medical waste (176 responses, 33.6%) • Paper shredding(123 response, 23.5%) • Textile drop off(278 responses, 53.1%) • Metal recycling(138 responses, 26.3%) • Drop off plastic bags at supermarket(302 responses, 57.6%) Other waste diversion activities people participate in: • Black Earth composting • backyard composting • wine cork recycling-- at Whole Foods and donate to artists • Lex Reuse it • give away items to charities • take Styrofoam to another town to recycle • cardboard drop off at Hartwell • purchase rain barrel • exchange on Lexington Marketplace • pickup compost at Hartwell • purchase clothes at thrift store • sneaker recycling • ink-jet recycling • recycle Brita filters at Whole Foods • return spent batteries to stores (at a cost) • ship aseptic packaging to contractor(for a cost • share items with neighbors) • shop at Center Goods • reuse plastic bags for dog poop • collect and divert markers, plastic bags, batteries, cellphones, light bulbs in schools • Terracycle • buy from consignment stores • use little free library • food pantry drop off of paper bag • return bottles for deposits • Freecycle • participate in Everything Free Lexington • repurpose vintage fabric and sell the clothing items • bring own bags to stores A-16 21. Do you compost in your backyard? 5,24 responses II ����I�Illplllllloppo,�,;,,, Yes. IN , 22. Do you compost food scraps using a home pickup service? 5,24 responses , Yes, N , 23. Do you buy items (food, household cleaners, etc.) in bulk or refill items in your own containers when you can? 524 responses des In0 No 1119di' I�ii'I I 24. Do you try and avoid single use plastic items? If so, describe. (327 responses) • bring my own containers to the grocery store • avoid take out beverages • all the time! • almost impossible, but I try • buy loose vegetables and fruit A-17 • reusable water bottles • reusable grocery bags • reuse takeout food containers • use reusable zip lock bags • refuse straws • avoid single-use cups and containers if a business/restaurant allows it • bar soap, shampoos, etc. • powder detergent for dishes and clothes • make homemade yoghurt • buy milk in glass • buy in bulk • buy larger size or minimalist packaging • buy cosmetics without plastic • make own skincare supplies • use reusable containers • bring reusable utensils everywhere • compostable zip top bags • compostable parchment paper • bring own containers for takeout where allowed • Soda Stream • compostable paper products • compostable floss • difficult, but I try • don't use throwaway dishware • don't use plastic bags for veggies at supermarket • don't get takeout from restaurants that use single use plastic • donate takeout utensils to foodbank • hard to avoid at Brookhaven, many things are in plastic for sanitary code reasons • how can you do that? • ask takeout restaurants to skip plastic/Styrofoam container and utensils • grow and can own garden produce • have milk delivered in glass bottles or buy at stores that have it in glass • wash zip lock bags and reuse • patronize restaurants that serve food on washable or compostable dishes • carry own durable items: coffee mug, water bottles, bowls • ask restaurants not to include cutlery/packaged condiments for takeout • laundry sheets packaged in cardboard envelope • get less takeout due to plastics • look for items without plastic packaging • make reusable shopping bags from grain bags and give to vendors to give away at Waltham farmers market. • reusable sacks for produce A-18 reuse plastic packaging as much as possible • avoid Whole Foods because of excess packaging • try and buy from stores/restaurants that use compostable containers or recyclable plastic • use glass containers when possible reuse plastic bags for dog poop or recycle at store • use paper plates, compostable cutlery, paper straws, paper cups • use Persia laundry detergent in 130 wash size in a cardboard box • use tooth tabs for toothpaste • use deodorant in ajar • make DIY cleaning supplies (e.g., vinegar and baking soda) • pledged never to use straws ever again • shop less at Wilson Farms because of plastic containers • wash my plastic spoons and reuse • bring reusable bowls to the office for parties • sometimes there is no choice • it's difficult, being single, older, and wanting prepared foods once in a while • I've succumbed to the convenience of individual packing for kids snacks • try to buy drinks in aluminum cans • try to avoid most of the time • ra re ly get to keo ut • don't try and avoid it 1 don't avoid it but would like tips on how to do so • do all home cooking from scratch • ask nurseries not to wrap plants or flowers in plastic • tried using wax fabric wraps at home, didn't like them refuse, reuse, recycle • get supplies at Center Goods • trying to get Zero ToGo pilot going • use any thick plastic bags I get to line waste baskets • sometimes will do more • switched from plastic bottle seltzer to aluminum can • use NEXT compostable coffee pods • try and buy meat and produce in non-plastic containers • try and remember to bring my own containers for leftovers at restaurants • trying to make own nut butters reuse containers if plastics were not an option, it would be easier to change my behavior! • we try, but there's not a good option for takeout food • use "real"or compostable ware for outdoor use and entertaining • try and use compostables if need single use A-19 • bamboo straws • wash and reuse any plastics we do use • use silicone or compostable plastic bags • would love to refill items in my own container but I don't know where • yes • yes, but it's hard • yes, but I'm inconsistent • yes, when possible • yes, but unfortunately it means I don't support local restaurants to the degree would otherwise • buying more in bulk and trying to buy paper or aluminum packaging • use silicone lids and glass containers with lids as much as possible • buy wholesale jugs of hand soap and refill a smaller bottle • avoid individually wrapped snacks • never use zip lock bags, saran wrap, or straws • don't buy disposable pens or pencils • buy concentrated, solid (not liquid) cleaning products • got rid of plastic bags in our lunches • we love when restaurants let us bring our own containers, please encourage health department to remove concerns • 1 love Center Goods, they should get town funds • buy frozen concentrates for drinks and use pitchers • buy cookies in boxes or bags that don't have plastic inside 1 write regularly to Whole Foods and Traderjoes about improving their packaging 1 do a lot of little things and yet I still find myself drowning in unavoidable plastic 25. Do you buy used items when you can? 524 responses tli III I P Ipw Y P( e 0 No N I W µ I 26. Are there any other Zero Waste practices you participate in?(181 responses) • collect items for food pantries, including paper bags • donate regularly through BBBS or Household Goods in Acton A-20 • all Terracycle programs • would like to compost at retirement community but can't • avoid choosing more of anything than you actually need • use things up, don't replace unless and until necessary • good maintenance practices in all areas: car, clothing, kitchen • grow my own vegetables and herbs • avoid soda • bring returnable bottles and cans to stores • borrow and lend appliances from/to neighbors and friends • trying to get schools to donate excess food • buy largest size (knowing I would waste the contents) of snacks, etc. • Buy Nothing, Lexington Mavens, FreeCycle, Lexington ReUsit, etc. groups-to get rid of and find things • buy less • mend clothes • reupholster furniture • clothing swaps with friends • try not to waste food • decrease consumption • donate used items • use reusables vs disposables • eliminated paper products in kitchen • use kitchen garbage disposal for food scraps • buy imperfect food • feed food scraps to backyard chickens • use 100% reused padded mailers from friends/community members for shipping business orders • reuse nursery plant pots • get wood chip mulch from local tree service • make own compost • buy refurbished electronics and appliances • use compostable sponges and bamboo paper towels • use cotton wipes instead of paper towels • buy experiences or meals for family members instead of physical gifts • no mow lawn • use the library instead of buying books • use graywater • make many things from recycled and reused materials, repurpose old clothing • reuse textiles in my art practice • buy secondhand • trying to get my boyfriend to recycle • it's not a social norm yet, I need to be forced into it A-21 • support EPR legislation • refuse a plastic lid on my coffee • repair and repurpose as much as I can • pick up trash in my neighborhood • hold an annual yard sale • buy tea in bulk and not individual bags • recycle • freeze things in glass • use reusable fabric covers on food to avoid plastic and aluminum • avoid bags where I can and use the ones I get for trash • 1 wish there were • I'm on a mission to normalize garment mending and promote a culture of community around reuse and repair lending and borrowing • mail back used ink cartridges • get and pay e-bills • add lint or ashes to compost • we didn't tear down our small house • no gifts exchanged at birthday parties for our kids • read books and newspapers online • recycled materials from my own construction project • support organizations working to reduce waste • swap gardening tools and plants • Little Free Libraries • try to use things until they break • conserve water and energy • avoid non-compostable packaging • pick up salvageable furniture from curb to rehab and use or sell • take salvageable things at curb to GoodWill • use leftovers • menstrual cups • refillable whip cream containers that use cartridges A-22 Public Comments on Draft Plan The following comments were received from the public on the draft plan, dated April 2023. The draft plan was presented at a workshop on May 24, 2023 and then circulated for public comment through June 30, 2023. Written Comment Sent via Email Comment 1. Communication and Education/advocacy: Better public communication with the flyer regarding trash and recycling; revise the brochure so residents might read it. Also adding the recyclopedia to the town website. Indicate options for textile reuse and recycling (refugee groups, textile bins, reuse groups). Adding the pie chart to the town website or brochure with a description why current efforts are focused on food waste. Add a link about how to report (either to DEP or the town if the hauler is adding recycling to the trash truck.) Coordinate with groups in town for messaging. Can the town hire a media intern to create zero waste video on how to compost at home (or start with Black Earth)? Response: Will be addressed when implementing Expand outreach &education. 2. Town lead by example efforts: Food waste bins for town staff use at town office buildings (police, fire, school administration). I had a neighbor tell me voting volunteers are given water at elections in plastic bottles. Maybe the town could instead remind the volunteers to bring water and show where the water bottle filling stations at the school are (school bubblers probably should be changed to include filling water bottles.) Important for election in 2024 especially, to show how the town can adapt to zero waste on this issue. Could the town work with Recycling Works to ensure town and school buildings are reducing waste as much as possible? Response: Will be addressed when implementing Provide school & business assistance. 3. Reuse efforts ideas: Coordinate with sports teams about encouraging using reusable water bottles, serving fruit/veggies for snack and not chips/candy in individual serving containers. Also, encourage sports teams to set up uniform exchanges- shoes, balls, shorts, etc. to pass along outgrown/unused items. Similarly, ask music groups to pass along outgrown clothing and shoes for recitals. The same with graduation robes- some companies provide bins for collecting after the ceremony. Reuse at community center (more central than Hartwell)for larger items than at the "library of things" at the library. Alternatively, support neighborhood reuse centers or apps: for tents, vehicle bike racks, backyard fire pits, yard equipment (shovels, mulchers...). I believe there were many reuse ideas listed in the plan but I didn't understand why they were "medium term" implementation. Even three years is part of the short-term and I think some of these can be implemented in that time frame. Response: Will be addressed when implementing Provide school & business assistance. 5. Town and school purchasing: Could the town go beyond EPP? For example, when purchasing phone cords, there are non-plastic or recycled plastic phone cords on the market. Trash bags- does the town/schools use non-plastic bags?And when items reach end of useful life (especially phones and computers), can they be donated to needy A-23 groups- advocate for changes in state policy if this isn't already permitted. Some of town voter participatory expenditures could be zero waste initiatives (e.g. additional funding to support added cost of purchasing non-plastic items, creating app development for neighborhood "reuse libraries", more environmentally friendly asphalt, supporting gray water installation at schools and municipal buildings). Response: Will be addressed when implementing Expand Environmentally Preferable Purchasing. 6. Schools: When teachers purchase supplies or provide lists for students' parents to purchase, there are non-plastic markers, non-toxic crayons, non-toxic acrylic paints. Could someone volunteer to research this and provide information to PTAs and teachers? Could the green teams create a challenge for earth week- classes save trash for the week; class/grade with smallest amount wins. Poster campaign of zero-waste actions to take, posters put up in town (this could also be done at a table at Discovery Day?). Response: Will be addressed when implementing Provide school & business assistance. 7. Reducing toxicity: Can the town work with garden groups in town to recommend/advocate less toxic fertilizers and soil amendments (testing soil first to know what to use). Then this information is published somewhere easy to find. Response: Will be addressed when implementing Expand outreach &education. 8. Can the town have different fees for demolition permits based on whether the permitholder commits to lead-certified requirements such as separation of materials on- site? Response: Will be addressed when implementing Adopt C&D recycling requirements. The plan is a great start. Once it's finalized, I think there needs to be an action plan with "who does what." Response: The implementation section (page 23) outlines the tasks and projected costs for moving forward to implement the initiatives identified in the plan. Written Comment Sent in Response to On-line Public Survey#1 What is your reaction to the recommendations in the draft Zero Waste Plan what stood out to you? Comprehensive long-range broad range What are you most excited about? Towns with Lexington's resources and environmentally concerned taxpayer base can test drive models that less resourced towns can learn from. We can afford to make mistakes. Time matters and I'm proud of Lexington Is there anything missing? think outreach and education is more critical to culture change and behavior change than is reflected in the plan. There's just a lot of busy stressed out people who don't know how A-24 to turn their good intention into action. The messaging on recycling isn't fully out there, but it is improving. Response: Will be addressed when implementing Expand outreach &education. Is there anything that you disagree with? Outreach and education needs to be more than annual Response: Will be addressed when implementing Expand outreach &education. What do you think the next steps for the Town should be? More education with emphasis on economic benefits and time saving benefits to individuals. Response: Will be addressed when implementing Expand outreach &education. Do you have additional ideas? A REUSE link on the town website that someone salaried updates. It changes quickly. Response: Will be addressed when implementing Expand outreach &education. Written Comment Sent in Response to On-line Public Survey#2 What is your reaction to the recommendations in the draft Zero Waste Plan what stood out to you? It looks like a good start. Lots of good ideas. What are you most excited about? The transition to weekly compost and recycling pickup and every-other-week trash pick is a scenario that would likely have an impact. Need to do a lot of evaluation to see how that would work financially and practically(i.e., people will likely not be very compliant and compost and recycling would be contaminated). Response: Will be addressed when implementing Evaluate every other week trash collection. Is there anything missing? Page 8 states "Changes to the programs may result in additional costs or cost savings to Lexington residents and businesses". There are estimates for implementation costs in the plan, but estimates for the ongoing costs also need to be considered. Adding weekly compost pick-up would increase costs. Moving to every other week trash pickup, would reduce costs. The plan should include cost estimates for potential implementation scenarios so that the ongoing costs are better understood. Also, there's not much discussion for how this plan fits with the state's Solid Waste Master Plan and potential for Lexington to be hit with higher disposal costs in the near future. The plan tends to read as saying that Zero Waste is a good/important thing for Lexington to do for environmental justice and environmental reasons. I think you would get more support if it showed that A-2 5 disposal costs will be going up and that this is a proactive effort to save the town from hitting residents with higher costs in the near future. Response: A more detailed analysis will be developed as the Town considers Changes to the Collection System. Each of the following initiatives will impact costs/savings. Expand compost collection Town-wide Convert to automated collection with wheeled carts Evaluate rate structure incentives Evaluate every other week trash collection Provide reuse collection Is there anything that you disagree with? The presentation that 60% of the town waste is already diverted is misleading. understand that that may be how DEP asks for the data, but it's not relevant to the issue at hand. If there is a desire by DPW to describe the Hartwell and curbside yard waste component, that's fine, but I think it would be more appropriate for the report to emphasize the -13,000 tons of standard household waste (recycling, trash, and food waste). Recycling is about 31% (41100 tons) of household waste and the remainder is trash (91100 tons). If food waste is 23% (-2,000 tons) of trash (using the Wheelabrator numbers), then the rest of trash (77%, -7,000 tons) is non-compostable waste. The emphasis of the report should be on household waste. To me, it's more useful to say that we need to divert the 23% of food waste going to the incinerator by composting and reduce the generation of the remaining 77%through reduced waste generation and recycling. Response: The purpose of this analysis was to include all discarded materials generated by households, including yard trimmings dropped off at Hartwell. What do you think the next steps for the Town should be? More financial analysis (see above) and lots of coordination of outreach with the Select Board members. Response: A more detailed analysis will be developed as the Town considers Changes to the Collection System. Do you have additional ideas? Get opponents of these ideas involved in developing the solutions. Again, focus on cost savings to town residents and the need to meet state requirements. Response: A more detailed analysis will be developed as the Town considers Changes to the Collection System. Public Meeting Zoom Room #1 As far as recycling, public does not have a clear idea of what happens to recyclable items. Does not know what definition of clean paper, what is the threshold? How clean should paper and cardboard be? Pizza boxes? Some oil? Is that recyclable? He puts pizza boxes in the recycling anyway. Plastic bags, never puts them into the recycle bin, it can tangle up A-26 recycling machines. Big plastic bags are stockpiled in their garage. A bunch ends up in the landfill. Education is important! Response: Will be addressed when implementing Expand outreach &education. Composting was #1 task in a 10-year program, supportive. Wants everyone to get involved, would reduce by 35% or so?Would also be a big weight out of the trash too -well sorted trash can be picked up every other week. One thing not on the list that Lexington did many years ago was pay as you throw. PAYT in Lexington led to an amazing reduction in trash. Part of it was to get people to recycle. It worked. Allowed people to put out trash for free, and anything beyond that, basement cleanout could be paid for an extra 2 or 3 bins a week. PAYT was one type of rate structure considered, recommendation is to investigate which rate structure would work best for Lexington. Response: Will be addressed when implementing Evaluate rate structure incentives. Could be much better info out there, now just how to do it, but why we're doing it? Impacts to neighbors, what happens to children?Audit recycling collection yes, and also audit drivers to make sure they know what they're picking up. Her driver doesn't check. Black plastic take-out containers used everywhere, issue. There was no Styrofoam collection in Hartwell, but there is in Arlington, reached out to someone to collect. Boulder, CO has styrofoam densifier- is there an opportunity to collect these things? CHaRM Center(Center for Hard to Recycle Materials). Response: Will be addressed when implementing Expand recycling/reuse drop-off. Separately, enforcement should be incremental and gentle. Now we're seeing incentives. Providing technical assistance. Response: Will be addressed when implementing Enact mandatory participation. 2000 residents for free composting. Trash pick-up every other week money saved could help transition to composting collection every week. Hope for all restaurants to participate in composting. Question on cardboard, take tape off? Short answer,you don't need to take tape off. Grease /food scraps we want to watch out for. In pulping process it's okay to handle some contamination. 3-10% contamination rate acceptable depending on the commodity. Lower percentage, higher price. Depends on manufacturer, pulper, can manufacturer, etc. Response: Will be addressed when implementing Expand outreach &education and Provide school & business assistance. A-27 Town looked into recycle IQ grant, then pandemic stopped it. Intention was for volunteers to look for black plastic in bins, and put a tag on black plastic. Learned black plastic was recycling through hearsay. Wants a better way to find out that info. Grant came and went because they couldn't use it. New contractor startingjuly 1 requiring audit in the next 3-4 months. Report Solid Waste Association of North America - in terms of messaging, door to door oops tags, works. Some states require audits for every household. Better if every week, but there's barriers like labor issues. Response: Will be addressed when implementing Expand outreach &education. What happens during the audit. Checking the bin, oops tags, use the findings for outreach. What is the Frequency? Response: Performed on a yearly basis. My 14-year old daughter made a video to share what can be recycled and composted. Maybe other people can benefit from it. Talk about compost products - pretty good example. Some towns do every other week recycling. After starting compost, they put out the big recycle bins every two months. Easier to put trash every other month than every week. Still doesn't know the truth -wants to inform others. Used to live in CA- different plastics can be recycled. Iced coffee used to be in hard plastic. Is that recyclable? How clean should it be? Usually put in dishwasher if there's room to make it clean, and then recycles. With new contractor there will be more information for more data and better messaging. Response: Will be addressed when implementing Expand outreach &education. Would it be helpful to have the presentation from Cambridge on how to do audits at no cost? Yes, that might be helpful - had a video on food waste/composting - will go on towns website. It helps residents understand. Go ahead and reach out to Town staff and see what they could come up with. Response: Will be addressed when implementing Expand outreach &education. Top 5 takeaways from the session 1. Outreach and education were overwhelmingly seen as important. 2. People were curious how to recycle right -there's a lot of specific information that is hard to know what actually happens. (Black plastic, "clean cardboard,"Styrofoam) 3. Participants wanted composting and recycling available to all residents 4. Participants were excited to learn what would be learned from audits A-28 Public Meeting Zoom #2 Summary Notes • Unclear understanding on how to pay for services - PAYT, fees, taxes and needing to go to referendum • Large need for community Education on what goes where and what happens to materials after it gets collected. Accountability from the processors. • Is there a communication plan? Response: Will be addressed when implementing Expand outreach &education. A more detailed analysis will be developed as the Town considers Changes to the Collection System. What is your reaction to the recommendations in the draft Zero Waste Plan what stood out to you? • Fee Proposal => Curbside pickup & PAYT, lawsuit and public referendum. 2/3 voted to undo fee in 2002. Pay thru common tax system, will need to go to referendum • Education! Lots of change since 2002 including demographic. Human impact and can't continue the same, how do we get people to change (behavior)? Response: Will be addressed when implementing Expand outreach &education. A more detailed analysis will be developed as the Town considers Changes to the Collection System. What are you most excited about? Compost collection at homes and less trash! Education = acceptance! Lexington excited environment support from town Education, how to fit into planning Is there anything missing? Biohazard materials from businesses? Response: Will be addressed when implementing Expand outreach &education and Provide school & business assistance. Is there anything that you disagree with? PAYT and rates for collection, residents don't want to pay for others trash! OR) Response: A more detailed analysis will be developed as the Town considers Changes to the Collection System. What do you think the next steps for the Town should be? • What are plans for education? • Compostable utensils at schools vs. a mix of plastic and compostable utensil now Response: Will be addressed when implementing Expand outreach &education and Provide school & business assistance. Additional ideas • Community collectiveness and outreach opportunities to promote town Top 5 takeaways from the session • PAYT and rate structure needs to be better flushed out for Lexington! A-29 • Education, how to get Information out to community • Curbside collection of food and organics for composting! Public Meeting On-site What are you most excited about? 1. Very excited about the compost pilot. Offer free bags to people who did not get into the pilot 2. How to educate people. Different people are motivated by different things. Motivational interviewing to find out what drives people to make change? 3. People learn in different ways -video vs piece of paper 4. Reuse/Repair possibilities Response: Will be addressed when implementing Expand outreach &education and Provide reuse collection. Is there anything missing? 1. Adding composting to denser housing complexes. Should we require complexes with a certain number of units to offer composting for residents 2. Require restaurants to replace plastic takeout containers with foil 3. How to get restaurants to compost food waste 4. Town Website does not have (zero)waste information "right there"- needs to be easier to find 5. Plan needs more detail - e.g. areas that we could improve /change each year Response: Will be addressed when implementing Expand compost collection Town- wide, Expand outreach &education, and Expand product policies. A more detailed analysis will be developed as the Town considers Changes to the Collection System. Is there anything that you disagree with? 1. Question about Black Earth composting locations and whether local neighborhoods are supportive 2. Recycling only works if you have markets for the recyclables. You can't expect to reduce consumption in a capitalist society... Response: Will be addressed when implementing Expand compost collection Town- wide. What do you think the next steps for the Town should be? 1. How to educate: Neighborhood groups and other affinity groups 2. Find ways to incentivize businesses to work with ".....::..............c..........................i...o r it Response: Will be addressed when implementing Expand outreach &education and Provide school & business assistance. Additional ideas 1. Look at DPW mailer- easier to read, different formatting. Perception is that it hasn't changed for 10 years. 2. Easier ways to find out what is recyclable 3. How to make sure that the energy we are spending is worthwhile Response: Will be addressed when implementing Expand outreach &education. A-3 0 Public Meeting Zoom Chat On the pie chart of waste items there was a section that included diapers. What percent of our trash is from diapers? Have there been community efforts to help parents switch to cloth? Response: Diapers account for approximately 3.5% of discarded materials (based on Wheelabrator North Andover 2022 characterization study). Will be addressed when implementing Expand outreach &education What are the long-term plans for recycling paper. The Chinese had good reason to cut us off. Response: Recycling facilities have responded to stricter standards and are able to market paper. Commodities fluctuate in value and paper prices achieved higher values in 2022 (compared to 2019). https://Wert.org/news-and-updates/Wert-recycling-markets-value- reports What accommodation are you making for people with disabilities who would have difficult moving the recycling carts? I have a mobility disorder and I walk with a walker. I cannot see myself moving the large carts to and from the curb. Response: Collection contracts typically include provisions that allow seniors and persons with disabilities to receive accommodations, including side yard collection. This can be addressed when the Town considers Changes to the Collection System. Many people put recyclables in plastic bags for pickup. I thought there was going to bean effort to educate these citizens by putting a sticker on the bags and not pick them up. Is that still being planned? Clearly many people are not aware. Response: Will be addressed when implementing Expand outreach &education. have been told that all black plastic is trashed by the recyclers because their sensors cannot read the plastic code. Response: This depends on the processing capabilities of the recycling centers and their markets for plastics. This can be addressed when the Town considers Changes to the Collection System. It seems like a bigger education issue than just bags as I see many residents putting Styrofoam, black plastic, and a whole host of other things in the bin that can't actually be recycled Response: Will be addressed when implementing Expand outreach &education. Education about cloth diapers is a great idea. Response: Will be addressed when implementing Expand outreach &education. A-31 Appendix B Regional and National Examples 1 . Expand Environmentally Preferable Purchasing - Expand on Lexington's initial research into environmental preferable purchasing for all Town departments using the model developed by the Massachusetts Operational Services Division. • Massachusetts Environmentally Preferable PurchasingProgram ...................................................................................................................................................................................................................................................................................................................................................... y This program establishes specifications for sustainable products on statewide contracts, fosters cost effective responsible purchasing choices that help reduce impacts on public health and the environment, and works with agencies, departments and others to encourage their use in public operations. 2. Expand outreach & education - Expand outreach and education efforts to assist all generators (residential, commercial, institutional) to reduce, reuse, recycle and compost. This initiative includes a number of components to enhance the Town's current recycling and organics programs to ensure that all residents and businesses have the information and tools to reduce, reuse, recycle and compost correctly. In order to change people's behavior, they need to be contacted 7-15 times from different sources to reinforce the message and detail the behavior desired. An initial education video can explain Zero Waste and refer viewers to an informative website laying out the Zero Waste Plan, bylaws, timeline, and goals. The video and website can also contain a pledge that residents and businesses can sign. • Missoula, MT "What Do I Do With...?" section of zergbyfiftymissoula.com provides contact information for local businesses that provide reuse and recycling options for 25 categories of materials. • Vancouver,, WA The City implemented a Zero Waste Challenge Social Marketing Campaign paign targeting residential behavior change B-1 • Redmond, WA The City's Refresh Your Recycling Program uses community-based social marketing principles to expand business recycling activity; since the program was established, over 200 businesses have received assistance, resulting in an estimated additional recycling of over 3,000 cubic yards 3. Convert to automated collection with wheeled carts - This initiative would be implemented along with other changes to the collection system to maximize convenience and minimize costs. Automated collection uses cart- based systems to automatically empty collection containers using one- person crews. Instructions for proper recycling and what is not allowed in trash can be embedded onto the carts. • Florence. AL and Columbia. SC PDF) In 2015, the cities of Florence and Columbia switched from 18-gallon recycling bins to recycling carts, funded in part by grants from the Recycling Partnership; the shift from bins to carts is expected to increase the amount of recyclables collected by approximately 1,400 tons per year in Florence and 6,500 tons per year in Columbia 4. Expand compost collection Town-wide - Expand compost collection to all generators through implementation of Town-wide food scraps and compostable paper collection. Statewide studies of materials disposed at landfills and incinerators estimate that 33% could have been composted. • Hamilton, MA The Town implemented a residential curbside organics collection program, which, in addition to switching to every-other-week trash collection, has reduced the Town's solid waste tonnage by over 30% C a s e S t u dv: H amilt on an d Wen ha m Ma ss ac hu s et t s C u r b s i d e Composting Program (PDF) • Cambridge, MA In April 2014, the City began a pilot program to expand curbside collection services to food waste; after one year, over 600 households participated in the pilot program and more than B-2 170,000 pounds of food scraps were collected. In its first full year citywide, 1800 tons of food scraps were diverted, reducing citywide trash by 8%. In greenhouse gas emissions, this is the equivalent of not driving 2.7 million miles. The program has been citywide for many years. 5. Evaluate rate structure incentives - Evaluate rate structure incentives along with other collection system changes to determine whether standardized containers and fee incentives will reduce waste and increase recycling and compost. This could include volume-based pricing, bin size reductions, or other forms of trash metering. • Fort Collins CO The City requires private haulers to provide curbside recycling to residents at no extra charge, apply volume-based pricing, and offer a range of trash can size options; the ordinance further requires that the charge for additional containers of the same volume capacity be no less than the charge for the first container • Castro Valley, CA The Sanitation District established volume-based rates for trash service, embedding the cost of recycling into trash service rates for businesses and multi-family properties that subscribe to no more than 3 cubic yards of trash service per week; 85% of commercial properties subscribe to 3-yard trash bins or smaller • Gainesville, FL In establishing variable rates for residential solid waste collection that assessed higher monthly rates for use of larger garbage containers, the City achieved an 18% reduction in the amount of solid waste collected, resulting in a savings of $7.95 per home PAYT Success Storv: Gainesville, FL 6. Evaluate every other week trash collection - Consider future implementation of every other week trash collection. The approach works in towns with weekly curbside compost collection. Trash volumes are reduced with compost collection so every other week is a potentially feasible, cost- B-3 cutting measure. There are over one hundred communities that have embraced this system in the U.S. V a n...........c o u v e r W, A Rates for contracted commercial garbage collection ......................... ............................................................... service are lower for every-other week service for each container size option, with a once-per-month collection option for 32-gallon cart service offered at a rate less than half that of weekly collection; commercial customers are allowed up to two 96-gallon recycling carts for no additional charge. • P Q R ortland, Residential garbage pick-up every-other-week, with ....................... ............ options to decrease the frequency of garbage service, along with weekly collection of recyclables and organics in 60-gallon carts; the switch to every-other-week trash collection led to a 35% reduction in the amount of garbage collected and tripled the amount of organics collected. 7. Provide reuse collection - Lexington recently expanded its collection program to include textiles and other household goods. This initiative would evaluate the feasibility of expanding reuse collection for larger bulky items through periodic collection events or on-call programs. 8. Invest in Carbon farming - Explore opportunities for carbon farming, agricultural methods aimed at sequestering atmospheric carbon into the soil and in crop roots, wood and leaves. • San Francisco, CA San Francisco has partnered with Z e r o Foodprint to purchase finished ........................................................................... compost for distribution to farmers and ranchers who will apply compost to their acreage and sequester carbon. 9. Provide market development incentives - Provide grants to community organizations, non-profits or businesses to address hard-to- recycle or hard-to-compost materials and promote reuse. B-4 • District of Columbia..........Dep artment of Ener........................................................................................................................................................................................................................................................ ............................... gy and Environment Their Donation and Reuse Award Program provides funding for donation and reuse projects, programs, and services for increased donation and reuse opportunities of materials otherwise headed to the waste stream in the District. The awards may also fund education and engagement efforts to increase the public's understanding of the importance of donation and reuse and increase awareness of current donation and reuse opportunities and best practices. Up to $15,000 is awarded to nonprofit organizations, faith-based organizations, government agencies, universities/educational institutions, or private enterprises. • Sto...........................................pWaste, A l a meda C ountv. C alifo rnia StopWaste offers a Reuse and Repair Grant Fund for innovative projects that incorporate reuse, repair, deconstruction, product or process redesign, reduction, recovery, and redistribution of goods, and other materials. The goal is to minimize the need for wasting or recycling, and instead foster waste reduction to support environmental sustainability and conservation of natural resources, and stimulate economic activity in the reuse and recovery sectors. Grants of up to $20,000 are available to nonprofit and for-profit organizations. 10. Expand product policies - Expand on Lexington's plastic reduction bylaws and consider future policies to reduce the impact of no-recycle, non- compostable, single-use problem products. • Concord, MA The Town banned the sale of drinking water in single-serving PET bottles beginning in January 2013 • Minneapolis, MN The City's Environmentally Acceptable Packaging Ordinance adopted in 2015 requires food establishments to use only reusable, recyclable and/or compostable packaging of food and beverages for dine-in or take-out, as well as provide recycling and/or composting bins. The City's health and food inspectors actively B-5 check for prohibited packaging that does not meet the ordinance requirements • San Francisco, CA Effective July 2017, the City adopted an ordinance that expands its ban on polystyrene foam food service ware to include packing materials, coolers, ice chests, pool and beach toys, dock floats and mooring buoys, egg cartons, and trays used in meat and fish packaging made in whole or in part of polystyrene foam 11 . Require reusable foodware - Require or incentivize food service providers to only use reusable food service ware for dine-in or take-out. • P a l m S prings, CA ..................................................................................... Food vendors must use reusable items (metal, ceramic, glass, plastic) for on-site dining. Condiments for on-site food consumption must be provided in reusable containers or bulk dispensers. Individual single- use plastic condiment packages are prohibited for on-site use. • Oakland, San Francisco, San Jose,, Sunnyvale, South San Francisco, San Mateo County, CA The cities and County participated in a ReThink Disposable Packa ging Waste Source Reduction Pilot led by anon-profit organization, Clean Water Action, to engage local restaurants in reducing single-use disposable products and packaging. ReThink Disposable will be expanding from California to other states next year, including Massachusetts. 12. Provide school & business assistance - Conduct trainings, site visits, walk-through audits or assessments, and distribution of displays and signs to increase rates of recycling and/or composting at facilities. • Eco-Cycle in Boulder, CO Eco-Cycle developed educational material on recycling, composting and reuse. They also have a School Recycling and Environmental Education program for Boulder and Broomfield counties schools. B-6 Eco-Cycle has created a a video featuring Captain Zero Waste, a video on recycling at Boulder County Recycling Center featuring Mr. Can and all of those videos come with downloaded activities. • Kirkland, WA The City provides on-site recycling technical assistance, deskside recycling containers, and outreach materials to businesses K I�.r k I a ir)d...........s...........Recycle, ................................................................................. ................................ • Montgomery County, MD The County's Smart Organizations Reduce and Recycle Tons (SORRT� ........................................................................... ................................ Program offers a range of educational materials as well as on-site technical assistance to businesses to help them comply with the County's mandatory recycling requirements 13. Certify Green Businesses - Expand on Lexington's initial research into Green Business Certification to increase the level of participation in recycling and composting programs, provide recognition for successes through a Green Business program or a Zero Waste Businesses or Schools program. • Mecklenburg County, NC The County's Wipe Out Waste Recycling Ambassador Program offers recognition to businesses that reduce, reuse, and recycle waste in the workplace and purchase recycled products • Tompkins County,, NY The County's ReBusiness Partners Program provides public recognition to local businesses that have a recycling program to effectively collect all mandatory recyclables and demonstrate activities in the areas of reduce, reuse, or rebuy 14. Evaluate food scrap composting - Develop or contract for local or regional compost processing facilities for yard debris and/or food waste. The Town could consider adding a food scrap composting facility at the existing Hartwell Composting Facility. B-7 • Prince George's County,, MD In 2013, the County began a food waste composting pilot at its yard waste composting facility, processing food waste commingled with mulch and yard trimmings in covered, positively aerated heaps Food Scraps Composting at Countv Yard Trimmings Site, BioCycle, May 2015 • Onondaga County,, NY The has been composting food waste since 2007 at its Amboy Compost Facility and in 2015 processed over 3,000 tons of commercial and institutional food waste 2015 Annual OCRRA 15. Expand recycling/reuse drop-off- Expand drop-off facility at Hartwell to accept additional materials that are hard to recycle for reuse, refurbishing and/or recycling. • Boulder County,, CO The County developed a Center for Hard to Recycle Materials .........................................................................................................................................................................................................................................................................................CH( a1R1Mj to collect materials dropped off by the public that are not cost-effective to collect via curbside services • Ell Cerrito,, CA The City's Recycling airid Environmental Services Center accepts hard- to-recycle �nc items, such as polystyrene foam, bubble wrap packaging, automobile batteries, used motor oil, pharmaceuticals and carpet, as well as electronic waste, plastic film, and scrap metal; the City also accepts at the Center donations of reusable household materials and textiles which are collected by local non-profit organizations for re-sale 16. Develop glass processing - Develop a glass processing center to process and market glass regionally. • Northeast Resource Recovery ............................................................................................................................................................................................................................................................................................................................................................ NRRA partnered with the Town of Dennis, MA to help Cape Cod communities recycle their glass locally. Six Cape Cod communities participate in NRRA's processed glass aggregate program, where glass B-8 bottles and jars get crushed into an aggregate to be used locally in infrastructure projects. NRRA's vendor recently completed a crush of glass in Dennis, MA, and the crushed glass will be used in local projects. 17. Develop education center - Develop an education center at Hartwell to provide resources, tours and information about how to reduce, reuse, recycle and compost. • RethinkWaste, San Mateo County, CA RethinkWaste operates the Shore Environmental Center which includes ...................................................................................................................................................................................................................................................................................................................................................................... interactive exhibits and hosts tours of the processing operations. 18. Expand building materials reuse - Develop or contract for reuse centers for sale of salvaged building materials and used household items. • Tompkins County, NY The County made a commitment to develop a Reuse Center as part of its 20-year solid waste management plan; EinggLIaRga_Rguae, a non- profit run community reuse warehouse, is an outgrowth of this vision • New Paltz, NY Through its Zero Waste initiative, the Town established a Reuse Center that accepts donations of craft supplies and building materials in usable condition for re-sale; the Town promotes de-construction and provides volunteer opportunities for residents • Missoula, MT Home Resource, a non-profit building materials reuse center, collects and sells reusable surplus building materials • Westmoreland County, PA American Architectural Salvage is operated by a non-profit agency that accepts donations of building materials and supplies for resale and reuse • Chicago, IL The ReBuilding Exchange is a non-profit organization that diverts building materials from landfills by reaching out to contractors to promote deconstruction and making materials accessible for reuse at its warehouse; The WasteShed is a creative reuse center that accepts B-9 donations of art, craft and school materials for repurposing and low cost resale • Detroit M1 The Architectural Salvage Warehouse of Detroit is anon-profit organization that deconstructs buildings in Southeast Michigan and offers the materials for resale 19. Adopt deconstruction requirements - Adopt requirements for deconstruction of buildings slated for demolition or substantial demolition. Palo..........Alto,..........CA ................ ......................................... The City's Green Building ordinance requires 80% of construction and demolition debris to be recycled for most projects. In 2019, a phased in deconstruction ordinance covering residential and commercial ..................................................................................................................................................................................................................................................................................................................................... 9 projects was adopted to advance Zero Waste and Climate/Sustainability priorities. Portland. OR ............................................................................................................................. In July 2016, the City adopted an ordinance, effective October 2016, requiring that projects seeking a demolition permit for houses or duplexes built in 1916 or earlier or designated historic resources to fully d such structures; the City estimates the ordinance will ........................................................................................................................ divert 4,000 tons of materials for reuse annually 20. Adopt C&D recycling requirements - Adopt requirements for C&D recycling/reuse in a C&D or Green Building by-law or building permit. • Cook County, IL The County adopted an ordinance, effective November 2012, requiring that 70% of demolition debris from commercial and residential structures (excluding garages and sheds) be recycled during the demolition process, with 5% of the residential structures being reused • Fitchburg, W1 The City adopted an ordinance requiring 70% of construction material produced on site be recycled or reused for new commercial and multi-family building construction and demolition B-1 0 projects; the City also requires contractors to submit a preliminary and final Construction and Demolition Reuse/Recycling Plan 21 . Enact mandatory participation - Require, through bylaws, proper separation of recyclables from refuse by households and businesses. • C a m b rid................................................................................................................ge. MA The City mandates all residents and businesses to separate designated recyclable materials from refuse. See section 8.24.070 of City code "Mandatory Recycling" • Va il, CO In 2014, the Town adopted an ordinance requiring source separation of recyclables by residential, multi-family, and commercial customers • District of Columbia, Wash...... ington D.C. The City mandates all residents and businesses to separate designated recyclable materials from refuse 22. Enforce State Bans - Massachusetts currently bans materials from landfills and incinerators, but does not routinely enforce these bans on individual generators. Adopt a bylaw to enforce the bans of specific recyclable, compostable or toxic materials from entering local transfer stations, landfills, and incinerators. • State of Massachusetts WasteD i...........................................................................................................s pos a l B a n s Commercial Food Waste Disposal Ban • Seattle. WA The City prohibits the disposal of certain recyclables - such as paper, cardboard, glass, plastic, and aluminum cans - from residential, commercial, and self-haul garbage. B-1 1 Appendix C Methodology A diversion potential and greenhouse gas (GHG) emissions reduction analysis was conducted to estimate the potential tons of materials and GHG emissions that can be diverted and reduced through the Zero Waste initiatives. The disposal tonnage data for 2021 used in this analysis were obtained from the "2021 DEP data calculation sheet" prepared by the Town of Lexington. This analysis required the disposal data to be divided into material types based on a material characterization study. The material characterization data used in this analysis were from the "2022 Waste Characterization Study in Support of Class II Recycling Program" report prepared for the Massachusetts Department of Environmental Protection by MSW Consultants (prepared under contract to SAK Environmental, LLC).3 Along with disposal tonnage data and material characterization data, GHG emission factors by material type were used in this analysis. The emission factors used in this analysis were from the US EPA Waste Reduction Model (WARM) tool.4 Each Zero Waste initiative was analyzed to estimate the diversion potential (tons) and the reduced GHG emissions (MTCO2e). This analysis began by estimating the initiative's capture rate for each material type the initiative is expected to impact (e.g., "Town-wide compost collection" would affect the compostable paper, food and other organics material types only). The capture rate estimation was based on knowledge from other community programs or best estimates based on reports and first-hand knowledge. The capture rate estimates leaned on the side of a conservative estimate. Next, the estimated capture rate for each material type corresponding to the initiative was multiplied by the estimated tons of material represented in the disposal stream. Next, the tons estimated to be diverted from this initiative for each material type were multiplied by the GHG emission factor. This 3 2022 Waste Characterization Study ................................................................................................................................................................................................................................................................. 'US EPA Waste Reduction Model(WARM)-version 15 C-1 estimated the GHG emissions that were reduced by the initiative by material type. This method was repeated for each material category that related to the initiative. For each initiative, the tons estimated to be diverted by material type were added to show the total tons estimated to be reduced for that initiative; and the GHG emissions estimated to be reduced by material type were added to show the total MTCO2e reduced for that initiative. Next, each initiative's capture rate was calculated by dividing the total tons estimated to be diverted by the total tons disposed. Those steps were repeated for each initiative. Once the diversion potential and GHG emissions were calculated for each initiative, the capture rate, tons diverted, and reduced GHG emission were added by material type. All calculations were double-checked for accuracy. The last step in this analysis combined the total capture rate, total estimated tons diverted, and total estimated GHG emissions reduced. The total estimated tons diverted through the Zero Waste initiatives were then combined with the baseline (2021 ) tons diverted to show the increase in total diversion. This analysis illustrated the potential diversion and potential GHG emissions reduced annually once all initiatives were implemented. C-2 Appendix D Funding Opportunities MassDEP Programs Sustainable Materials Recovery Program (SMRP) Municipal Grants Supports local recycling, composting/organics, reuse, source reduction, policy development and enforcement activities that increase diversion and reduce disposal. SMRP Recvcllng Dividends Program (RDP) RDP provides payments to municipalities that have implemented specific programs and policies proven to maximize reuse, recycling, and waste reduction. SMRP Municipal Technical Assistance Grants Applicants can receive up to 80 hours of recycling/solid waste planning assistance from a MassDEP Municipal Assistance Coordinator (MAC). Recycling IQ Kit An open source set of steps, tools and resources to help you increase the quantity and improve the quality of recycling in your community. Reduce Reuse,, Repair Micro-Grants Grants of up to $5,000 to municipalities, regional authorities, and eligible organizations for short-term waste reduction projects. Recycling & Reuse Business Development Grants Helps Massachusetts recycling processors and manufacturers create sustainable markets for eligible materials. Related Offerings Massachusetts Recycling LoanFund Provides loans of up to $500,000 to help Massachusetts businesses obtain the capital they need for recycling-related activities. EPA Sustainable Food Management Grants Funding and other assistance for reducing commercial, industrial, and residential food waste. D-1 Financial & Technical Assistance for Anaerobic Digestion Projects A matrix of grant, loan and assistance programs available to renewable energy developers who are proposing organics processing projects. Federal Infrastructure Funding - With the passage of the Bipartisan Infrastructure Act, $325 million is now flowing from the U.S. Environmental Protection Agency (EPA) into local communities, $250 million for development of facilities and $75 million for development of outreach and education programs. Other Federal agencies also are funding the growth of recycling infrastructure, including the U.S. Department of Energy, U.S. Department of Labor, and the U.S. Department of Agriculture. There are other federal funding sources for local economic development that have been used to fund recycling infrastructure in other locations. The Recycling Infrastructure and Accessibility Act directs the U.S. EPA to award grants between $1 million and $15 million each for projects that make recycling programs more accessible to rural and disadvantaged communities. Grants would specifically support hub-and-spoke recycling systems featuring transfer stations and those that leverage public-private partnerships. Industry Funding - Industry has supported significant efforts to increase resident capacity to high quality recycling programs. These include the Closed Loop Fund, Recycling Partnership, and various coalitions such as the American Beverage Association, PET coalition, Polypropylene Coalition, Glass Recycling Coalition, Food Packaging Institute, and carton council. These are all groups actively looking for projects to fund and potential sources for capital investments, including the purchase of recycling carts. Closed Loop Infrastructure Fund Asocial impact fund investing $100 million in business and municipal efforts to increase the recycling of products and packaging. D-2 Appendix E Industrial, Commercial, and Institutional Generation This Zero Waste Plan focuses on the diversion and disposal programs that are operated or managed by the Town and reported to the Massachusetts Department of Environmental Protection (DEP). These include: • Collection programs at residential households, Town offices and facilities, and schools • Drop-off programs at Hartwell Town-wide generation also includes materials diverted and disposed by industrial, commercial and institutional (ICI) generators. These tons are not tracked by the Town or the state, but can represent a significant fraction of what is generated within Lexington. To get an understanding of what might be generated in Lexington, estimates can be made using: • The number of tons disposed per employee per year by industry in Lexington (using national averages by industry group) • The proportion of residential versus ICI tons delivered to the North Andover incinerator • An allocation based on the percent of Lexington employment (0.6%) compared to statewide employment • A calculation based on 2006 statewide disposal (the last time DEP calculated residential versus ICI tons) Calculated based on tons per employee per year by industry 31,365 Industrial Commercial Institutional Tons calculated by on North Andover 9 712 incinerator percentages (52% ICI waste and 48% residential waste) Allocated tons based on percent of state employment 21 269 p - 0 0 Calculated tons based on 2006 statewide disposal allocation (62/o ICI and 38/0 141627 Residential) Average of all ICI data sources tons 19,244 htt s://www2.calrec cle.ca. ov/WasteCharacterization/BusinessGrou Calculator P Y � p hops://www.mass.gov/doc/su mmart'-of-waste-combustor-class-i i-recycli ng=program-waste - characterization-studies/download hops://Imi.dua.eol.mass.�ov/LMI/EmplovmentAndWages# E-1 These estimates for tons disposed by the Lexington ICI sector in 2021 range from 9,712 to 31,365 tons. The average of all of these sources is 19,244 tons. This is more than double the 8,967 disposal tons for programs that were managed by Lexington in 2021 . The policies, programs and infrastructure identified in this plan, will impact the ICI sector and significantly increase diversion. Using conservative estimates for capture rates by material type, ICI disposal tons can be reduced from 19,244 tons estimated to be disposed in 2021 to 5,678 tons per year within 10 years. This represents a 70% capture rate. E-2 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Update on Compost Pilot Program Recommendations PRESENTER: ITEM NUMBER: Maggie P eard, S ustainab ility& Resiliency Officer I.3 SUMMARY: Category: Informing The Zero Waste Reduction Task Force has developed several options for how the Town could extend and expand the pilot compost program. Staff is looking for feedback from the Board on which option the Town should pursue to inform budget requests. SUGGESTED MOTION: No formal vote is needed. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2023 7:20pm ATTACHMENTS: Description Type Compost Pilot Options — FY25 Scenario 1: 2000 Existing Pilot Customers+2000 New Customers Total Cost: $396,000 • Fully fund the 2000 existing customers • Fully fund 2000 new customers • Funding 4,000 households achieves lowest cost per household from Black Earth ($99/H H/yea r) Scenario 2: 2000 Existing Pilot Customers+ 1000 New Customers Total Cost: $324,000 • Fully fund the 2000 existing customers • Fully fund 1000 new customers • Funding 3,000 households achieves a lower cost per household from Black Earth ($108/1-11-1/year) Scenario 3: Cover all Lexington Black Earth Customers (Pilot+ Private Pavers) Total Cost: $291,200 • Fully fund all 2600 existing customers (pilot+ private payers) • Black Earth rate: $112/HH/year Scenario 4: 2000 Existing Pilot Customers Total Cost: $238,000 • Fully fund the 2000 existing customers • Black Earth rate: $119/HH/year Scenario 5: $50 Subsidies Only (least desirable) Total Cost: $175,000 • $50 subsidy for up to 3500 households (new, existing pilot customers, or existing paying customers) AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Ad Hoc Transportation Committee Recommendations for Lexpress Bus Service PRESENTER: ITEM NUMBER: D eep ika S awhney, Chair of Ad Hoc Transportation Committee I.4 SUMMARY: Category: Informing Deepika S awhney, Ad Hoc Transportation Committee Chair, will present to the Select Board some recommendations of the committee regarding the future of Lexpress bus service. 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E 0 0 4- CD cn 0 .C: 0. -6-1 E 4 a (1) C: A.j -iMMMj (n 0 0 4-0 U +� co CD Co 0 cn = cm -6--1 m Co C: 0 M mmmmm MENNEN M C: C: m w .1-Ma -o cn 4- m C: M n 0 m M (D A-0 E C: (n C: iMMMj MENNEN M C: CMMM � � O �+r O � c: O."a E cn o 0 x o � � owwww" co QU, ur) E U)" Ul 101 0 "o NEWER C: CL 0 0,0 u IVA) Iola W 0 (Ujn u CrTio E E; CIL co: W k". own Lull 4�J U1 ■ 0D ■ E 0 71 x "z 0 Z un Q) LL IOU o ■ 00 on 4-4 C) 4--J mO IT .00 4.. 00 jq I W, 4-J m m 0 C) m U 0 .,I 0�AMI� 0IIIM , il) CN K CN I t"M k, WAN �IV6� I „ l f"1, �.. �Mai Er I� 170 On 4�irM M e; Mz� III' w�yp MM'I7&�P" UU �IUllIV�V�� f llfrfiuu a �111111�1111���� �11� ������ 1111�1111 ��� rIlky) III ��111d Ill IIIMIIIIII CC O 00 00 00 M rl rn M M N N M Ln N ■ "•�,� O }' N N ni. .dv aw ��w it aw ��w vr� nr tw ur kill '7f r;y) r..I µt; 00 r*4 N r- (V rl (V rl M w" O Illl irj MIS N N + � � CD +-+ N N NII,II Ilwyllllllllllllllllllp M�I,� � ■ �������' III � � b.0 a 'u CL CL CL M iE L V) V) V) _ _0 _0 CD ET ul T > > V) \ N \ro In (n � Q � Q (� Q CO X CO X +-+ X G J G J J bjD o o pb� a "RAW wpm—, �u o fM, Q C*I*A 0 C/) O C/) AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Review and Approve Tree Bylaw Working Group Charge PRESENTER:TER• ITEM S NUMBER: Board Discussion I.5 SUMMARY: Category:Decision-Making Attached please find the Tree Bylaw Working Group charge as presented and discussed by the Select Board in August. SUGGESTED MOTION: Move to approve the Tree Bylaw Working Group charge as presented. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2023 8:OOpm ATTACHMENTS: Description Type 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 ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Special Town Meeting 2023-1 PRESENTER: ITEM NUMBER: Carolyn Ko sno ff,Assistant Town Manager for Finance I.6 SUMMARY: Category:Decision-Making The Select Board is being asked to determine if an article amending a Noise bylaw should or should not be included in the Special Town Meeting 2023-1 Warrant. Attached s a memorandum from the Town Manager regarding the noise bylaw and additionally, a copy of the "clean" version of the proposed bylaw with all recommended modifications from the memorandum to help facilitate review of the proposal as recommended. The Select Board is being asked to review and approve the Town Moderator's letter requesting hybrid participation for Special Town Meeting 2023-1 to include the letter in the Special Town Meeting 2023-1 Warrant. The Select Board is being asked to review and approve the Special Town Meeting Warrant 2023-1. SUGGESTED MOTION: Move to approve the request of the Moderator that Special Town Meeting 2023-1, scheduled to commence Tuesday, November 7, 2023 at 7:3 0p m, be held through hybrid participation using a combination of.- (1)the Zoom video c onferenc ing 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. Move to approve and sign the Special Town Meeting 2023-1 Warrant("with the noise bylaw artiele"or "without the noise bylaw artiele') and authorize staff to make non-substantive edits as necessary or as recommended by Town Counsel or Bond Counsel. FOLLOW-UP: Deputy Town Manager/Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2023 8:10pm ATTACHMENTS: Description Type F) Moderator ReqteisA, Material F) Fin.al Wcarran.41 S117VII 2023 19.30 with.n.oise I.kickup M.atlerial F) 1"inal Wan-ant 20?3 190witho ut noise e 1a, kup N11atefial F) Working Docurnent SB Positions(1-1all, M11"aterial F) Merno on.Noise.Bylaw �.�)vervllerric.) F) Noise Bylaw Proposal witli Reconvyrn.dations PerFown Vilanager's Wax.) C.'bver Vller.rx.) F) Sandeen redfine changes to noise byhaiv (.-A,)ver Memo 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 TOWN OF LEXINGTON WARRANT SPECIAL TOWN MEETING 2023-1 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 Tuesday, the seventh day of November,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 via remote participation.The meeting will be facilitated by use 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 debate.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 email 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 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. 1 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) Visitors 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, 5, 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. 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 2 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: The 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 AUTHORIZE HOME RULE PETITION FOR SPECIAL LEGISLATION ESTABLISHING THE ELECTION OF TOWN OFFICES USING RANKED CHOICE VOTING (CITIZENS' PETITION) To determine whether the Town will authorize and request the Select Board to petition the General Court for Home Rule Legislation to elect Town offices using Ranked Choice Voting or take any other action relative thereto. (Inserted by the Sreeni Chippada and at least 99 or more registered voters) FUNDS REQUESTED $12,500 initial ($12,500 ongoing) DESCRIPTION: This article would authorize and compel the Select Board to petition the General Court for special legislation that will enable the Town of Lexington to conduct municipal elections through the system of Ranked- Choice Voting. The article would also provide for the costs associated with implementing Ranked-Choice Voting. Lexington voters currently participate in Single-Choice Voting,with elections that utilize a plurality threshold: voters choose one candidate,and the candidate with the most votes wins the election.Ranked-Choice Voting is also referred to as Instant-Runoff Voting, and utilizes a majority threshold to determine the winning candidate. If a candidate does not receive a majority of votes(i.e. 50+%), a runoff election or additional election would be held.Ranked-Choice Voting permits voters to select on their ballot, in order of preference, multiple candidates for the same office. If a candidate receives a majority of first-choice votes, that candidate would be the winner. If no candidate receives a majority of first-choice votes, then the candidate with the fewest first-choice votes is eliminated, and the ballots counted for the eliminated candidate would be tabulated again utilizing the voters'next-choice candidate.This process is repeated until a candidate has reached a majority threshold. 3 ARTICLE 10 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, 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 251A, 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 11 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 that will make the bylaw clearer for enforcement and regulation. ARTICLE 12 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, 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 13 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 2013-2027 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, 2013-2027 Massachusetts Avenue. 4 And you are directed to serve this warrant not less than fourteen days at least before the time of said meeting, as provided in the Bylaws of the Town. Hereof fail not and make due return of this warrant,with your doings thereon, to the Town Clerk, on or before the time of said meeting. Given under our hands this 2nd day of October, 2023. Joseph N. Pato, Chair Suzanne E. Barry Select Board Douglas M. Lucente of Jill I. Hai Lexington Mark D. Sandeen A true copy,Attest: Constable of Lexington 5 ATTACHMENT A wV IT 75 "rr mu k g ( 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-LEXWGTON,MASSACHUSETTS 02420 TOWN OF LEXINGTON WARRANT SPECIAL TOWN MEETING 2023-1 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 Tuesday, the seventh day of November,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 via remote participation.The meeting will be facilitated by use 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 debate.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 email 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 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. 1 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) Visitors 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, 5, 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. 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 2 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: The 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 AUTHORIZE HOME RULE PETITION FOR SPECIAL LEGISLATION ESTABLISHING THE ELECTION OF TOWN OFFICES USING RANKED CHOICE VOTING (CITIZENS' PETITION) To determine whether the Town will authorize and request the Select Board to petition the General Court for Home Rule Legislation to elect Town offices using Ranked Choice Voting or take any other action relative thereto. (Inserted by the Sreeni Chippada and at least 99 or more registered voters) FUNDS REQUESTED $12,500 initial ($12,500 ongoing) DESCRIPTION: This article would authorize and compel the Select Board to petition the General Court for special legislation that will enable the Town of Lexington to conduct municipal elections through the system of Ranked- Choice Voting. The article would also provide for the costs associated with implementing Ranked-Choice Voting. Lexington voters currently participate in Single-Choice Voting,with elections that utilize a plurality threshold: voters choose one candidate,and the candidate with the most votes wins the election.Ranked-Choice Voting is also referred to as Instant-Runoff Voting, and utilizes a majority threshold to determine the winning candidate. If a candidate does not receive a majority of votes(i.e. 50+%), a runoff election or additional election would be held.Ranked-Choice Voting permits voters to select on their ballot, in order of preference, multiple candidates for the same office. If a candidate receives a majority of first-choice votes, that candidate would be the winner. If no candidate receives a majority of first-choice votes, then the candidate with the fewest first-choice votes is eliminated, and the ballots counted for the eliminated candidate would be tabulated again utilizing the voters'next-choice candidate.This process is repeated until a candidate has reached a majority threshold. 3 ARTICLE 10 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, 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 251A, 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 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, 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 2013-2027 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,2013-2027 Massachusetts Avenue. 4 And you are directed to serve this warrant not less than fourteen days at least before the time of said meeting, as provided in the Bylaws of the Town. Hereof fail not and make due return of this warrant,with your doings thereon, to the Town Clerk, on or before the time of said meeting. Given under our hands this 2nd day of October, 2023. Joseph N. Pato, Chair Suzanne E. Barry Select Board Douglas M. Lucente of g Lexington Jill I. Hai Mark D. Sandeen A true copy,Attest: Constable of Lexington 5 ATTACHMENT A wV IT 75 "rr mu k g ( 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-LEXWGTON,MASSACHUSETTS 02420 A h U PLO cn a-J O .Ln E a O 00 U U UO a H � W � � � w a W O 7 O •O '� vi O H 73 a� a .cij ct ct w 0i o ct ct v� ct _ ct ct ct ct 4� b�A ct ct m ct ct a b1J Clio Con F ct R ct 4-4 ct ct ct COO ct ct C�j bhp ¢, j c� •� ,N '� ct •� °�' ¢., a� o $:L, O � r� � � wry � � � ►—� � � � � A h cn 0 � � � U f6 � N � W � � PLO � w PLO W O O � U � a N •O N v M a •�, �--� ,..� cn •� � � ®O � N a� un ct aAct cn Cld It In N cnct cn O ct O Town of Lexington 7 Town Manager's Office APIUM11 �d w, t�,, 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 28, 2023 RE: Noise Bylaw Article • As the Board is aware, on 9/26//23 there was a public meeting on the Proposed Noise Bylaw amendments, the following are a summary of the comments that were provided by members of the public during that meeting: o A resident questioned why the Town was looking to make changes to a bylaw that has been in place for 20 +/- years and was working. o A resident indicated there should be additional controls placed on the duration of a project, not just on noise levels. o A resident suggested that we undertake a broader national study to provide information whether Lexington's Bylaw is in the mainstream of regulating noise. o A resident indicated there should have been more notice of the meeting, and noted that he supported keeping the 10 dBA over ambient noise in the bylaw. o A resident indicated that the Town should engage professional consultants that study noise to review our bylaw and make recommendations before bringing it to Town Meeting. o A resident asked that given the low statutory fine levels, whether there were other mechanisms that would place a greater burden on builders to comply with the noise bylaw. o A resident indicated that the EPA recommends 70/75 dBA for other health reasons and that 80 seems too high and that the introduction should include a statement related to broader health concerns related to noise. The second public meeting is scheduled on 10/11/23 which is after the Select Board is being asked to close the Town Meeting warrant (10/2/23) but before the Select Board is asked to take a position on this proposed Article (10/16/23) should the Board retain it on the Town Meeting warrant. Some of my thoughts are: 1. That it is unlikely that any modification(s) to the Noise Bylaw will ever occur without some level of opposition or controversy, no matter how broad or narrow in scope. 2. That the current bylaw's intent is to maintain the noise level at the property bounds at 85 dBA [see 80-8(ii)]. The proposal retains this level in commercial/industrial zones and reduces it to 80 dBA in residential zones. My understanding is every 5 dBA reduces the noise level by 50%. 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 3. The goal of these changes was to address the concerns raised during the past year, specifically with the project on Pleasant Street and to provide the staff that are responsible for enforcing the bylaw, with the tools to actually enforce it(which is why they were all included in the Working Group). 4. That if this goes to Town Meeting and is adopted and it addresses the concerns raised by citizens, it will demonstrate that staff addressed the issue. Other potential outcomes are that enforcement is improved but that the noise level continues to be a concern or that enforcement and noise level continue to be a concern. In the first instance (if noise level only is still a concern), the Town could review whether it was advisable to lower the dBA. I would caution that if it is initially set a level that is too low and it impacts the ability of contractors to do any construction without continuous violations, that it will be next to impossible to increase the dBA (easier to lower it at a later date than try to increase it at a later date). In the second instance, if both enforcement and noise level is still a concern, at that time, the Town could engage consultants to re-write the bylaw. 5. In the attached documents (which are also attached to the agenda packet for 10/2/23), there are changes highlighted on draft#8 which are also highlighted in the Powerpoint that I presented at the public meeting that I am recommending the Board support in the final bylaw proposal that goes before Town Meeting for this Fall's Special Town Meeting as follows: • Retain the "disturbs a reasonably prudent person or" language in the definition of Excessive or Unwarranted Noise. • Re-write the definition of Noise Pollution so that it reads, "The condition resulting when either(a) a sound source exceeds 80 dBA in a residential zone and 85 or more dBA in all other zones; or(b) a sound source raises the noise level by 10 or more dBA above the ambient noise in any zone." • I would not recommend deleting the exemption for golf courses [80-5(I)]. This will have a minimal impact on residents and has not been the source of a single noise complaint. Removing it will have an impact on golf course's normal operations and will result in business losses. • Under 80-8(i)(a) I would recommend having this read, "The project entails rock removal with heavy machinery, including but not limited to, ledge removal, rock pounding, rock crushing or rock cutting (collectively defined as "ledge work"); and" • Under 80-8(i)(b) change the last word from "and"to "or"which is the intent (this came from a meeting with Mark Sandeen on 9/28/23). With the five recommendations above, I recommend the Select Board include this Article on the Fall Town Meeting warrant. Attached is the final redline (Draft#8) followed by a final clean version and the presentation from the 9/26/23 public meeting. Chapter 80 NOISE CONTROL [HISTORY: Adopted by the Annual Town Meeting of the Town of Lexington 4-11-2001 by Art. 33. Amendments noted where applicable.] GENERAL REFERENCES Alarms-See Ch.5. Animals-See Ch.9. §80-1.Findings. The Town of Lexington finds that excessive or unwarranted noise jeopardizes the health,safety,and welfare and degrades the quality of life of its e;t ze sm g J(l m i�.S. §80-2.Purpose and applicability. A. The purpose of this by-law is to protect the of Lexington from excessive or unwarranted noise.No person owning,leasing, or controlling a source of sound shall willfully,negligently, or through failure to provide necessary equipment,service,or maintenance or to take necessary precautions cause,suffer, allow,or permit excessive or unwarranted noise. B. This by-law shall apply to the control of all sound originating within the limits of the Town of Lexington and shall be consistent in scope and application with the relevant state and federal statutes and regulations, �, ,u,- ,. ,I. ......,.� ���. :'m�,.; ...:'.,. -.'�����'w r r�r d, m �i�"r ell, :ii� �i�,i �,....,� „. I���,.w� 1�1-.m,..... 'I „q.,.� �m�r�� I I:'m,..n�. � -,.a.;"0 ,�������� �I�������I i��- .,.�,., ::�m� mmll k.( ml�g In�.m'u�J .: ,. ��)fll JIIlu,'. :, IIIit. ll,(t ,,I.i .��.m ��.�. IIIII11 1.� Illu. u� m. 1.1 1 ���,,�i��mi.� � �:.,.� Ilw$ miu.�. �111m (J E,�7jy,...i roil oil r w,O,.., tfli ol l t:. rAj�,l 6II � w:.g u l a.,,i o g s�..3 10 l v 7 00.,.. C. Noise-related provisions of Chapter 9,Animals,may be enforced under this by-law. D. All Town departments and agencies shall, to the fullest extent consistent with federal and state laws and regulations,carry out their programs in such a manner as to comply with this by-law. E. Provisions in this by-law shall not apply to any activity to the extent regulation thereof has been preempted by state or federal law. §80-3.&1afi s 'p=1g=qMgLj4A& Nothingr in this__ y-1a shall be construed_ t _estri.ct,amend,repeal- r otherwise_ _ limit _e ap lica i _ r° enforcement o----exis _12 Townof Lexi 11 ----to----1,y®laws_or Commonwealth_ Massachusetts_ _ laws. ®'�.Definitions. When used in this by-law,the following definitions shall apply: ," 1�1 -. "� i. �i -. -..�0"^0 � i,..M m�,„��� m�I� i :m, i�p :��. i M .-�. ,�,., n�����,"- �n ����I:::m �� ~n�. ��.,.. ... IIII 1IIII F IIII I � I` 1JG IS"'i b����Il[ltli��� �.�iu��� �� ���i�.��a ��(Jmmllkk(J tflO III[ LI �ll� .+ �.)l i(1h ��)ck, 'm III.,-�.� COMMERCIAL LANDSCAPER A person or entity that receives compensation to utilize landscape maintenance equipment on another's property._JAdded 11-8-2021 STM by Art.10] CONSTRUCTION Any site or building preparation,assembly,erection,substantial repair,alteration, destruction or similar action for public or private rights-of-way,structures,utilities,or similar property. EMERGENCY Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage. EMERGENCY WORK Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. ,- ,, � � II,I II,,,I �, ��, IN� �,.,� y �" � � � r� ,, "I M '„ � m, ,,,I u u ,. a.+ �,I r I U:': OO O I�a �'��lU. III F I I L u Fr 1 , :,,5 �, .� ��� . i I 1 III II co fm i�S(.'10 11�:6� III I-IIII... III�III i a .. ���� � ����U IIII �,����U��`���������, ��� ... .. ... .. .. .. �w lll.I m wllm..III�.��ul m,-�. IIIO 11 IIIIr11m~y'l,1 � H'1(Il ii(,g6111 IIII ��1�l r � , - ... EXCESSIVE OR UNWARRANTED NOISE Any noise that disturks n reasonably prude *-e—o", it-results in noise__- Commented[.1M 1]:This deletion maybe rejected. pollution or noise injury. LANDSCAPE MAINTENANCE EQUIPMENT Gas-or electric-powered lawn mowers,hedge trimmers,weed whackers,leaf blowers,and other equipment used in landscaping or lawn care..,:,.......L.Added 11-8-2021 STM by Art. 10] 7 , 7 7 > > > 9 9 7 ' 7 7 1/ 9 7 9daued 3 1 Tviamix 19-94-. Is d,(�O iidi[ioii c�iilsge i..iu y or IIn N I"wSlifc....10 all 11fterls 11nPg1S( olffld S110111 ays;all e i)sioq or iu utid. �(Iteti i d....p ul­iod ot"ilitril . S ouIIrll..is lncasli�IIe i if] NOISE LEVEL Measured property of sound,which for the purpose of this by-law,will be expressed in A-weighted decibels(dBA), obtained with a Type I or II sound level meter as specified under American National Standards Institute(ANSI)standards. NOISE POLLUTION The condition resulting when a sound source r��s- x.exceeds ; , :residential Or more dBA —t"ie+se in all ether z nc . - Commented[JM2]:This may be re-written to read,"The condition resulting when either(a)a sound source exceeds �.��...� .. ���� �; .�� ,� ��: ,���.. ,., gA44: jA r ,ram n,oUr,4r,�„+�� A in a residential zone and 85 or more dBA in all other P F R �l, B F � F,.,� �f�.1 V i l m III III q �I f i i�,�11�����i�m�� o�m�c l,i� �i r oc i or -� � 80 B Ln I zones;or(b)a sound source raises the noise level by 10 or y �Q more dBA above the ambient noise in any zone." 111 LJLJA 1-flill,V L,3,L%JILJL%J.L_L X.Jul, _,kjxjlLtl k1__,_L Relloiey 0,1"1 200..1"pled t)'', vllctd I k !9�� �j bl,o'l ,(,)II a I[lec lliv,,ti6ll.....oi� a iti i(le a...ca: !!��m�� i it �-��m�ml�.nfllie(l b�i,P IIII 1�.�����������°9 1!111 111 1lH��._. IIIIZ.. CK IIII F IIII 1111111111111G..Is I,:.m ��.���a��� I....[,Wlfl4llei,s.....III .... .. ... ... ... Prohibition of excessive or unwarranted noise. Generation of excessive or unwarranted noise is prohibited,except as provided by§§80-5 and 80-8 of this by-law. In addition,the following restrictions shall apply: A. Construction/private service/maintenance power equipment.[Amended 6-1-2020 ATM by Art.27] (i) Contractors are permitted to operate tools or equipment used in construction, ' li Ill I i:. ; III i��i c drilling r m� i�� �m -i i Ilr III ..or''�°�°�'¢;�N «V V„%j IL-L"-�,a�i�ll��r i ,in a manner such that this operation creates .. noise across a real property boundary that �.;� i e l j p i(i i,Yuri o()Il lu o i s e p o l l g 6 o rIi on weekdays between the hours of 7:00 a.m.and 5:00 p.m.and on Saturdays between the hours of 9:00 a.m.and 5:00 p.m.Such operation is not permitted on Sundays an legal , m m ���� ..." �'10 1 w m 11l ��!' m wm II���jjI�� � ���� �.IH (ii) Residents are permitted to operate tools or equipment used in construction, drilling r l m(i t i)r c ld m i g or 4r° _v`%-Yp%"`Y�i is ll i r i ,in a manner such that this operation creates noise across a real property boundary that x ieced 11,m,lilni(s p!.e g jI e(1 ip(J,ie,de ipi(i(.)gym ) l lloise on weekdays between the hours of 7:00 a.m. and 9:00 p.m. and on Saturdays, Sundays and legal holidays m g,()g,Ilrlu �6 i1!f �]le o l" between the hours of 9:00 a.m.and 5:00 p.m. (iii) �i����and the use of powered equipment used in 1 breaking-raf- -I-on'�,I X �, including but not limited to hydraulic or pneumatic hammers,--by �nidep," on weekdays only between the hours of 9:00 a.m.and 5:00 p.m. and is not permitted on Saturdays, Sundays,and legal holidays r 0l,1�il �i i N,,l;�Issac 111,1&1 Als. C011111*11ck)["S t�csic�o�­O,S al'v [vq11I1.e(J (1) col''Ply 1111��,Ii(jl rio'I'Sc 1111 .��"�W�I t N T I CIIA'is il�Secliorl 8 0 8. -913. 1 e2gl 11oH(:1gYS I'(,X0,0I,1izC(:1 I Y �Ilc COIII 110111144"al(Ii. '�Flie fiAlol,'Otig lcga�� lioli(I!Ays 0[1( C 0 1111 IT 10 1`1 IAeiflO[I ol" sliall Ile gppIIIic fle Su10 1 m�.�I IN IICI c� I S III,Ieiporic,fl:My Jgqe(egflJ['i fi­��(lepg"iclej ice, I fl:)or Rvil, Coll,11111)1"Is E)"rill, Llcrari's,F)rii, 'I 1[i(,1qksgiyigg 111111,y 111'I i )qy Commercial trash collection.The operation of commercial trash compactors or collection of trash,rubbish, refuse or debris,which generates excessive or unwarranted noise at any point of public or common pass-by between the hours of 11:00 p.m.and 6:00 a.m.is prohibited. G D. Commercial deliveries or pickups.Deliveries or pickups for commercial or business purposes between 11:00 p.m.and 6:00 a.m.are prohibited unless the noise level of such deliveries or pickups in nearby residential areas does not cause excessive or unwarranted noise. W—.2 Electronic devices and musical instruments.No person owning,leasing or controlling the operation of any electronic device or musical instrument shall willfully or negligently cause or permit excessive or unwarranted noise. IIII Fixed plant equipment. Excessive or unwarranted noise caused by fixed plant equipment such as,but not limited to,air conditioners,pumps,fans,furnaces,compressors,engines,ventilation equipment and similar fixed plant equipment is prohibited. G. Motor vehicle alarms.No person owning,leasing,renting or otherwise in control of a motor vehicle will permit the sounding of any horn, alarm or other signaling device for any period of time exceeding 10 minutes. Automatic alarm systems must be programmed to reset within 10 minutes and may not activate again within the next 60 minutes.A police officer observing any horn,alarm or other signaling device that fails to comply with this section will direct an owner,operator,renter or person in control of the vehicle to silence the motor vehicle alarm.If,after making a reasonable attempt to contact the vehicle owner,operator,renter or person in control of the vehicle(or if that person refuses to comply), the officer may enter the vehicle to shut off or otherwise disconnect the power source.If unsuccessful,an authorized towing agency may be used to remove the motor vehicle to an approved storage area.The registered owner of the motor vehicle will be responsible for all reasonable costs,charges and expenses incurred for the silencing of the alarm,removal and/or storage of the motor vehicle. IIII 1. Stationary engine run-up.Permitting,allowing or causing generation of excessive or unwarranted noise at any point of public or common pass-by through the unnecessary operation of the engine of a motor vehicle while said vehicle is stopped for a foreseeable period of time in excess of five minutes is prohibited. . mom N9m.s(11 ,[Amended 11-8-2021 STM by Art. 10] (1) The outdoor use of landscape maintenance equipment by commercial landscapers shall be limited to the following days and hours: (a) Monday—Friday:7:00 a.m.to 6:00 p.m. (b) Saturdays:9:00 a.m.to 5:00 p.m. (2) The outdoor use of landscape maintenance equipment by persons other than commercial landscapers shall be limited to the following days and hours: (a) Monday—Friday:7:00 a.m.to 8:00 p.m. (b) Saturdays,Sundays,and legal holidays:9:00 a.m.to 5:00 p.m. (3) The outdoor use of landscape maintenance equipment by the Town or Town contractors on Town property shall be limited to the following hours: (a) Monday—Friday:7:00 a.m.to 8:00 p.m. (b) Saturdays:9:00 a.m.to 5:00 p.m. (4) Landscape construction work shall be governed by§80-4A5 ,rather than this§80-444 III:. (5) The use of gas-powered leaf blowers is restricted to the periods of March 15 to May 31 and September 15 to December 30. (6) Effective March 15,2025,the use of all gas-powered leaf blowers by commercial landscapers in the Town of Lexington shall be prohibited. (7) Effective March 15,2026,the use of all gas-powered leaf blowers by residents on their own property in the Town of Lexington shall be prohibited. i (8) The use of wheeled leaf blowers powered by four-stroke engines on properties larger than one acre is not subject to the prohibitions in Subsections(6)and(7). ) o1 f courses slia.11.b ml?!S ubspcti n 1 a ..� ,- Commented[JM3]:This section maybe removed for the timebeing,but consideration should be given to the impact §80-5 .Exemptions. on the Pine Meadows Golf Course and whether golfers will play on fairways covered with leaves. A. The provisions of this by-law shall not apply to sounds emitted during or associated with: (1) Police, fire, and civil and national defense activities, or in training exercises related to emergency activities; (2) Parades, public gatherings, or sporting events, for which permits have been issued or which are supervised by the School Department or the Parks and Recreation Department; (3) Noncommercial public speaking and public assembly activities as guaranteed by state and federal constitutions; (4) Operation of a farm or any ancillary or related activity that is an ordinary aspect of farming; O Emergency g, p y �el�v l'C,i s,apparatus, 5 Emer enc work including,m but not smite to the operation of an mechanical oe�... vehk4e ycJ'm Ics or equipment used in connection with an emergency; (6) Snow removal activity;and (7) Any activity to the extent the regulation thereof has been preempted by state or federal laws or regulations. B. These exemptions shall not apply if the noise is determined to exist as the result of negligent conduct or actions inconsistent with generally accepted practices. §80-611 .Measurement of excessive or unwarranted noise. A. A determination that excessive or unwarranted noise is efflus, uyt c I g e(J11 u)a given noise source will be made in accordance with the definition of"noise level"in§8044. B. To determine if there is a noise violation on private property,the noise measurements shall be made at the boundary of the abuU,ing property (m i n n which the offending sound source is located.To determine if there is a noise violation in public spaces,the noise measurements shall be made at any location a passerby might lawfully occupy. . . iLitmiee w-. ,n a. a §80-8.Noise mitigation plan for construction.[Added 10-21-2020 STM by Art. 6 (,xl uriu�')I �lnl:0Ig�����m���ri �gw�mi�ill�.:u i,iii�,..shall be required prior to the A noise mitigation plan��; ���mw � ���� mi:�. �uim .. issuance of a building permit for construction projects i11","ote.2 T ns article also renumbered former P-P- (i) in or adjacent to residentially zoned areas where: (a) The project entails rock removal with heavy machinery,including ledge removal,rock pounding,rock_,- Commented[JM4]:Add after the word"including"the crushing, ^�'��&1111,11,11,118 or rock cutting(collectively defined as"ledge work");and following,"but not limited to,"(Jill Hai comment). (b) Ledge work activities are anticipated to take place on more than seven days over the course of the project...-Qi` m f. m1m.u�� �. il,ss �� op �1IIIme�����w��w�l6.� , w,m mlll lllm�.m.lllm� �)� I(I'l ,�m u ��.:;m1 ; �.umlu....� . i��.�: lllm:�.�u m ��....�III 1111 11 1�111 mm1 i ( III a i,:J se ur mI wj gw�.m ori PI I rII. (ii) A noise mitigation plan required under this § 80-8 shall, at a minimum, require portable sound barriers, designed to reduce sound levels outside the barriers by at least 10 dB(A),surrounding and installed as close as practicable to the source of the noise. disct-e6oti ol O'm( B::i 1:1 g poise.. g g:tl(,:::t tilig ,,C)ni qri i ss i o ti g'....These barriers must reduce construction noise to prevent noise injury to Town residents.The objective of this bylaw is to keep maximum noise levels l lj f III l � �.�-IIL�, Li t l l��Ilg(11,,,r' � In ��.s m d-rll1 i g] rr .; �,� ,: a � �w,; ��ry; �,.. m� ,,„ ,: is is�.t10,mm :m gym: �III1 (11111 4 :�III� u�w:lll � :� m.�. ��.�w�mIII���. m i����.�,m i(....ti.. �w.,.. (,��,:,�i�m ,�� �I i em �m����..: IIII I... .... ... ... ... .... .. ... ... .... ... T m m�W i.., ,. .� �r� �....,n�. mr m ,e;;:. ql �m�..W '_ m m �� .,°m :m�., �r�m...� ,.� s, ,m. �:.. � �....�m����III m�� m����m:w..��uIIIIII....IIIIII m�...� ��iii..m�1w ., 11 �....�����...,� �III�....� ��.� �:�,.���nw::ii wm��..mIII� ��,m��:���. � w ...��:���ull � ��III III um .mmm ... I �..�:ul .IIIIII ::.::III O ,...m11 l:... mli.. IIIu a m1w �..... IIImm, Imlll 1I10 ...III1wI. IIII wIII ��. III �II� i� a ... i��III.. �:tZ II ....� III III � I _III .11 m��� '�...,� m.,.,"� ,.11,yr i� m�'' «,w .wil 'o.�a q1 i r'� a; ;„ n�� �,�� °„�r �tl�.W i�c...n i u11 ��.�ul u1���11111,�1 �;I�.�.mm� �w ������.��,,���� �111�111��m����,��11��� � ��. 1j�',� ��, �m y. IIII IL���. �II m���II�. ���p�III �m�,,arid III���.�� ���.��m m����.��.�� ��III�III:m��1�(, 1.1IIIm�1;..„1m�IIIm, Fir IIII ..�.��ul�I��: IIIIII�I..I I S 1.1(Jud.. � IIII IIII IIII.....11Aulm _:.liall.il�ClUde a.... 4 P IMm.1,III101)V...igg 11uc sile N�:.�:ml],'Im m ....0I11 gym, ,..� '" .,,, '::� n u,.-,. ��° ��m�""�,..., �� ,. �;,. '�����" '-` n i ,.w w;,..,.� �� �:; also f,., ,.r :m ,+.� .`„..,� ° ,..,.. m i mm :n�, 1.III o al,io�li cw t 11�III. � IIII% i gls���IIIi a �k � .: H h iI�,��1 11�III111 v Val..a o�w�1111u �Jlc �����11 l,���III�...()I I ��,� �IIIU tl°�V:�.l��"lm locil(io:V1a��l.V�1i�,c 1Vl r�V V V''�1Vaa d[Wl''S ��f,0(!:V�:V J-F 0:1i:, 1,,gn w��qd V�,11 V"��VV Via( o VV1O'1�C111�,�VVI�,. :i i m ....In the event that a building permit is issued under the assumption that none of the§80-8 provisions apply,and it is discovered that such provisions do apply after the project begins,then no ledge work shall begin or continue until a noise mitigation plan is submitted and accepted in accordance with§80-8(ii). J'1�1° In the event that the builder does not submit or follow a specified noise t:m m(i 11,i Li o III;plan,whether by using inadequate barriers,poor barrier installation,poor maintenance,failure to move them to a new work area on site,or any other problem,then work must cease until the issue is corrected and-penalty"V p� day mxjuay bie assessed in accordance with provisions of§80-7 vo­­A-k-ro-An-pt IpA"p­�A,+��I,�Inpp­;+Jq�­+ 1i Fl"ILLI , 8 7 §80-9.Special permits.[Amended 3-31-2004 ATM by Art.39] A. The Select Board, or its designees,may issue a special permit for any activity otherwise forbidden by the provisions of this by-law.A person seeking such a permit shall make a written application to the Select Board, or designee,on the appropriate form,which shall be available at the office of the Select Board or its designee. The following criteria shall be considered when deciding whether to issue a special permit: [Amended 3-27- 2019 ATM by Art.34] (1) Whether the cost of compliance will cause an applicant excessive financial hardship;and (2) Whether the proposed additional noise will have an excessive impact on neighboring B. The Select Board,or its designees,may issue additional guidelines defining the criteria to be considered and the procedures to be followed in applying for a special permit. [Amended 3-27-2019 ATM by Art.34] C. An initial special permit shall remain valid for up to one year from the date it was issued.Renewal of a special permit shall require: (1) A public hearing for review of whether the cost of compliance will cause an applicant excessive financial hardship;and (2) Evaluation of noise data at the boundary of the property in which the offending sound source is located. Renewal of a special permit shall be up to three years.Any special permit issued to the applicant shall contain all necessary conditions to ensure minimum disturbance to the adjoining residences. D. Legal notice of the time and place of said hearing shall be given by the Select Board,at the expense of the applicant, by publication in a newspaper of general circulation in Lexington once in each of two successive weeks,the first publication to be not less than 14 days before the day of the hearing and by posting such notice in a conspicuous place in the Lexington Town Hall for a period of not less than 14 days before the day of such hearing,and by delivering or mailing a notice thereof to the applicant,the Board of Health,the Police,Fire and Inspectional Services Departments and the abutters within 300 feet of the lot line.[Amended 3-27-2019 ATM by Art.34] §80-10.&e*e ,4 Y .Rules and regulations.[Amended 3-27-2019 ATM by Art.34] The Select Board,or its designees,may promulgate,after public notice and hearing,rules and regulations to effectuate the purposes and intent of this by-law.However,failure by the Select Board to promulgate such rules and regulations shall not act to suspend or invalidate the effect of this by-law. JIIIIllm IIII���ul� � 1lcIal&III o III pgjlomma &x1l,ict's I,�:aiy 111I III,g C jigll �I�y�y,.�.v.�.,. m y�y, ,..,y�y � �;.'III .mmm I�;�„w,.,� ryI y�yy��i y�yM.„^m.,;�,�. ,..,y�y,.� ,Ty II+,.m��6..w .��'%�.�. ,III...,;, y�y��.,�..,q..�,y��m���r..,i y��m� ,� y�y�.,r::�m�y�y, y�y ry�m y�y j� y�y y�.,�... y� y� y�y j��r m B. I III III III J W, III I I�III.::,III III III W�� W W��,�II W'tlw.., ...tl!�III III III i.:��III(k'V 1.I�"'ll 1'�a�III III.....'��N'��III.,��h��''�I'�..�II Illd u....�l III III�'.,:�III'�Y'i I�"'l,��III '�'„�III III III'�4,.�III '������III'��III W�u�m III W��II m�i W��III III Ip'I III i�m�III I�1 W`�4��III.,,, �"]]I IIICl$'""30. O[l c,,gliI 'I I Iubscgg!%W. Fines issued hereunder shall be issued in accordance with Chapter L 1-6 of the General vlaws. The imposition oft env for any violation shall _not excuse the violation or permit it to continue.--Each ay that at such violation continues shall e considered a separate offense.l - r® yra ii y. If a i section,- ap a YrapA or pa of t i y-la is for a y reaso eclare invalid or a co s i u io al y a court.eve other se go_� a era a pa shall continue_i__ 11 force. Chapter 80 NOISE CONTROL [HISTORY: Adopted by the Annual Town Meeting of the Town of Lexington 4-11-2001 by Art. 33. Amendments noted where applicable.] GENERAL REFERENCES Alarms—See Ch.5. Animals—See Ch.9. § 80-1. Findings. The Town of Lexington finds that excessive or unwarranted noise jeopardizes the health, safety, and welfare and degrades the quality of life of its residents. § 80-2.Purpose and applicability. A. The purpose of this by-law is to protect the residents of Lexington from excessive or unwarranted noise. No person owning, leasing, or controlling a source of sound shall willfully, negligently, or through failure to provide necessary equipment, service, or maintenance or to take necessary precautions cause, suffer, allow, or permit excessive or unwarranted noise. B. This by-law shall apply to the control of all sound originating within the limits of the Town of Lexington and shall be consistent in scope and application with the relevant state and federal statutes and regulations, including but not limited to the Massachusetts Clean Air Act, MGL Chapter 111, Sections 142A-M and the Massachusetts Department of Environmental Protection Air Pollution Control Regulations 310 CMR 7.00. C. Noise-related provisions of Chapter 9,Animals, may be enforced under this by-law. D. All Town departments and agencies shall, to the fullest extent consistent with federal and state laws and regulations, carry out their programs in such a manner as to comply with this by-law. E. Provisions in this by-law shall not apply to any activity to the extent regulation thereof has been preempted by state or federal law. § 80-3. Relationship to other laws. Nothing in this by-law shall be construed to restrict, amend,repeal, or otherwise limit the application or enforcement of existing Town of Lexington by-laws or Commonwealth of Massachusetts laws. § 80-4. Definitions. When used in this by-law,the following definitions shall apply: BLAST HOLE DRILLING Is a technique whereby a hole is drilled into the surface of the rock,packed with explosive material and detonated. The aim of this technique is to induce cracks in the inner geology of the surrounding rock, iorder to remove r ck and ledge. COMMERCIAL LANDSCAPER A person or entity that receives compensation to utilize landscape maintenance equipment on another's property. [Added 11-8-2021 STM by Art. 10] CONSTRUCTION Any site or building preparation, assembly, erection, substantial repair, alteration, destruction or similar action for public or private rights-of-way, structures,utilities, or similar property. EMERGENCY Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage. EMERGENCY WORK Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. EQUIVALENT CONTINUOUS SOUND PRESSURE LEVEL, or Leq/LAeq, is the constant noise level that would result in the same total sound energy being produced over a given period.LAeq is a fundamental measurement parameter designed to represent a varying sound source over a given time as a single number. EXCESSIVE OR UNWARRANTED NOISE Any noise that results in noise pollution or noise injury. LANDSCAPE MAINTENANCE EQUIPMENT Gas- or electric-powered lawn mowers,hedge trimmers, I weed whackers, leaf blowers, and other equipment used in landscaping or lawn care. [Added 11-8-2021 STM by Art. 101 NOISE INJURY is a condition caused by one-time exposure to an intense impulse sound, such as an explosion or by continuous exposure to loud sounds over an extended period of time. Sound is measured in decibel units. Long or repeated exposure to sounds at or above 85 decibels can cause hearing loss. NOISE LEVEL Measured property of sound,which for the purpose of this by-law,will be expressed in A- weighted decibels (dBA), obtained with a Type I or II sound level meter as specified under American National Standards Institute(ANSI) standards. NOISE POLLUTION The condition resulting when a sound source exceeds 80 dBA in a residential zone and 85 or more dBA in all other zones. PERCUSSIVE BREAKING (Hammering) Is the breaking of rock, bedrock or ledge by repeated blows of a heavy bit or a chisel inside a casing pipe controlled by heavy equipment. ROCK BREAKING Is the removal of boulders or bedrock from land by drilling, blasting, percussive breaking, crushing,processing or splitting. § 80-5.Prohibition of excessive or unwarranted noise. Generation of excessive or unwarranted noise is prohibited, except as provided by§§ 80-5 and 80-8 of this by-law. In addition,the following restrictions shall apply: A. Construction/private service/maintenance power equipment. [Amended 6-1-2020 ATM by Art. 27] (i) Contractors are permitted to operate tools or equipment used in construction, excluding blast hole drilling,rock breaking,or blasting,in a manner such that this operation creates noise across a real property boundary that exceeds the limits prescribed in the definition of noise pollution on weekdays between the hours of 7:00 a.m. and 5:00 p.m. and on Saturdays between the hours of 9:00 a.m. and 5:00 p.m. Such operation is not permitted on Sundays and legal holidays recognized by the Commonwealth of Massachusetts. (ii) Residents are permitted to operate tools or equipment used in construction, excluding blast hole drilling, rock breaking or blasting, in a manner such that this operation creates noise across a real property boundary that exceeds the limits prescribed in the definition of noise pollution on weekdays between the hours of 7:00 a.m. and 9:00 p.m. and on Saturdays, Sundays and legal holidays recognized by the Commonwealth of Massachusetts between the hours of 9:00 a.m. and 5:00 p.m. (iii) Blasting and the use of powered equipment used in rock breaking, including but not limited to hydraulic or pneumatic hammers, on weekdays only between the hours of 9:00 a.m. and 5:00 p.m. and is not permitted on Saturdays, Sundays, and legal holidays recognized by the Commonwealth of Massachusetts. Contractors and residents are required to comply with noise mitigation measures requirements in Section 80-8. B. Legal Holidays recognized by the Commonwealth. The following legal holidays recognized by the Commonwealth of Massachusetts shall be applicable for the purposes of this bylaw: New Year's Day Martin Luther King Day Washington's Birthday Patriot's Day Memorial Day Juneteenth Independence Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day C. Commercial trash collection. The operation of commercial trash compactors or collection of trash, rubbish, refuse or debris, which generates excessive or unwarranted noise at any point of public or common pass-by between the hours of 11:00 p.m. and 6:00 a.m. is prohibited. D. Commercial deliveries or pickups. Deliveries or pickups for commercial or business purposes between 11:00 p.m. and 6:00 a.m. are prohibited unless the noise level of such deliveries or pickups in nearby residential areas does not cause excessive or unwarranted noise. E. Electronic devices and musical instruments. No person owning, leasing or controlling the operation of any electronic device or musical instrument shall willfully or negligently cause or permit excessive or unwarranted noise. F. Fixed plant equipment. Excessive or unwarranted noise caused by fixed plant equipment such as,but not limited to, air conditioners, pumps, fans, furnaces, compressors, engines, ventilation equipment and similar fixed plant equipment is prohibited. G. Motor vehicle alarms. No person owning, leasing, renting or otherwise in control of a motor vehicle will permit the sounding of any horn, alarm or other signaling device for any period of time exceeding 10 minutes. Automatic alarm systems must be programmed to reset within 10 minutes and may not activate again within the next 60 minutes.A police officer observing any horn,alarm or other signaling device that fails to comply with this section will direct an owner, operator,renter or person in control of the vehicle to silence the motor vehicle alarm. If, after making a reasonable attempt to contact the vehicle owner, operator,renter or person in control of the vehicle(or if that person refuses to comply), the officer may enter the vehicle to shut off or otherwise disconnect the power source.If unsuccessful, an authorized towing agency may be used to remove the motor vehicle to an approved storage area. The registered owner of the motor vehicle will be responsible for all reasonable costs, charges and expenses incurred for the silencing of the alarm,removal and/or storage of the motor vehicle. H. Stationary engine run-up. Permitting, allowing or causing generation of excessive or unwarranted noise at any point of public or common pass-by through the unnecessary operation of the engine of a motor vehicle while said vehicle is stopped for a foreseeable period of time in excess of five minutes is prohibited. I. Landscape Noise [Amended 11-8-2021 STM by Art. 10] (1) The outdoor use of landscape maintenance equipment by commercial landscapers shall be limited to the following days and hours: (a) Monday Friday: 7:00 a.m. to 6:00 p.m. (b) Saturdays: 9:00 a.m. to 5:00 p.m. (2) The outdoor use of landscape maintenance equipment by persons other than commercial landscapers shall be limited to the following days and hours: (a) Monday—Friday: 7:00 a.m. to 8:00 p.m. (b) Saturdays, Sundays, and legal holidays: 9:00 a.m. to 5:00 p.m. (3) The outdoor use of landscape maintenance equipment by the Town or Town contractors on Town property shall be limited to the following hours: (a) Monday Friday: 7:00 a.m. to 8:00 p.m. (b) Saturdays: 9:00 a.m.to 5:00 p.m. (4) Landscape construction work shall be governed by § 80-5A,rather than this § 80-5I. (5) The use of gas-powered leaf blowers is restricted to the periods of March 15 to May 31 and September 15 to December 30. (6) Effective March 15,2025,the use of all gas-powered leaf blowers by commercial landscapers in the Town of Lexington shall be prohibited. (7) Effective March 15, 2026, the use of all gas-powered leaf blowers by residents on their own property in the Town of Lexington shall be prohibited. (8) The use of wheeled leaf blowers powered by four-stroke engines on properties larger than one acre is not subject to the prohibitions in Subsection I(6) and(7). (9) Golf courses shall be exempt Subsection I(5) and(6). § 80-6. Exemptions. A. The provisions of this by-law shall not apply to sounds emitted during or associated with: (1) Police, ire, and civil and national defense activities, or in training exercises related to emergency activities; (2) Parades,public gatherings, or sporting events, for which permits have been issued or which are supervised by the School Department or the Parks and Recreation Department; (3) Noncommercial public speaking and public assembly activities as guaranteed by state and federal constitutions; (4) Operation of a farm or any ancillary or related activity that is an ordinary aspect of farming; (5) Emergency work including, but not limited to, the operation of any mechanical devices, apparatus,vehicles, or equipment used in connection with an emergency; (6) Snow removal activity; and (7) Any activity to the extent the regulation thereof has been preempted by state or federal laws or regulations. B. These exemptions shall not apply if the noise is determined to exist as the result of negligent conduct or actions inconsistent with generally accepted practices. §80-7.Measurement of excessive or unwarranted noise. A. A determination that excessive or unwarranted noise is related to a given noise source will be made in accordance with the definition of"noise level" in § 80-4. B. To determine if there is a noise violation on private property, the noise measurements shall be made at the boundary of the abutting property from which the offending sound source is located. To determine if there is a noise violation in public spaces,the noise measurements shall be made at any location a passerby might lawfully occupy. §80-8. Noise mitigation plan for construction. [Added 10-21-2020 STM by Art.3'] (i) A noise mitigation plan prepared by a credentialed noise mitigation consultant shall be required prior to the issuance of a building permit for construction projects in or adjacent to residentially zoned areas where: (a) The project entails rock removal with heavy machinery, including ledge removal, rock pounding,rock crushing, or rock cutting(collectively defined as "ledge work"); and (b) Ledge work activities are anticipated to take place on more than seven days over the course of the project; or (c) Any project, based on the specific conditions of the project and upon a determination of the Building Commissioner shall require a noise mitigation plan. (ii) A noise mitigation plan required under this § 80-8 shall, at a minimum, require portable sound barriers, designed to reduce sound levels outside the barriers by at least 10 dB(A), surrounding and installed as close as practicable to the source of the noise. The noise mitigation plan may require, at the discretion of the Building Commissioner, regular noise monitoring and reporting to the Building Commissioner. These barriers must reduce construction noise to prevent noise injury to Town residents. The objective of this bylaw is to keep maximum noise levels at the property line under 80 dB(A) in residential zones and 85 dB(A) in all other zones. This is taken to mean the LAeq as measured by a calibrated sound level meter. Since construction noise varies over time, the LAeq measurement should be taken over a representative time period, to capture the loudest typically sustained noise level. This plan must address all noise-producing activities involved in rock removal, including rock pounding, rock crushing, pneumatic jack-hammers or rock cutting (collectively defined as "ledge work"). Blast hole drilling and blasting, as permitted through the Fire Department is excluded. The Plan shall include a site plan showing the site boundaries and the locations of nearby residents on all sides. The site plan shall also show the location of ledge to be removed and the locations of each proposed noise-producing equipment and its range of movement. (111) In the event that a building permit is issued under the assumption that none of the § 80-8 provisions apply, and it is discovered that such provisions do apply after the project begins, then no ledge work shall begin or continue until a noise mitigation plan is submitted and accepted in accordance with § 80-8(ii). (iv) In the event that the builder does not submit or follow a specified noise mitigation plan,whether by using inadequate barriers,poor barrier installation,poor maintenance, failure to move them to a new work area on site, or any other problem, then work must cease until the issue is corrected in accordance with provisions of§ 80-8. § 80-9. Special permits. [Amended 3-31-2004 ATM by Art.39] A. The Select Board, or its designees,may issue a special permit for any activity otherwise forbidden by the provisions of this by-law. A person seeking such a permit shall make a written application to the Select Board, or designee,on the appropriate form,which shall be available at the office of the Select Board or its designee. The following criteria shall be considered when deciding whether to issue a special permit: [Amended 3-27-2019 ATM by Art.34] (1) Whether the cost of compliance will cause an applicant excessive financial hardship; and (2) Whether the proposed additional noise will have an excessive impact on neighboring I residents. B. The Select Board, or its designees, may issue additional guidelines defining the criteria to be considered and the procedures to be followed in applying for a special permit. [Amended 3-27-2019 ATM by Art.34] C. An initial special permit shall remain valid for up to one year from the date it was issued. Renewal of a special permit shall require: (1) A public hearing for review of whether the cost of compliance will cause an applicant excessive financial hardship; and (2) Evaluation of noise data at the boundary of the property in which the offending sound source is located. Renewal of a special permit shall be up to three years. Any special permit issued to the applicant shall contain all necessary conditions to ensure minimum disturbance to the adjoining residences. D. Legal notice of the time and place of said hearing shall be given by the Select Board, at the expense of the applicant, by publication in a newspaper of general circulation in Lexington once in each of two successive weeks, the first publication to be not less than 14 days before the day of the hearing and by posting such notice in a conspicuous place in the Lexington Town Hall for a period of not less than 14 I days before the day of such hearing, and by delivering or mailing a notice thereof to the applicant,the Board of Health, the Police, Fire and Inspectional Services Departments and the abutters within 300 feet of the lot line. [Amended 3-27-2019 ATM by Art. 34] § 80-10.Rules and regulations. [Amended 3-27-2019 ATM by Art. 34] The Select Board, or its designees, may promulgate, after public notice and hearing, rules and regulations to effectuate the purposes and intent of this by-law. However, failure by the Select Board to promulgate such rules and regulations shall not act to suspend or invalidate the effect of this by-law. § 80-11. Enforcement and penalties. A. The Police, Health or Inspectional Services Departments, or any designee thereof, shall have power to enforce this by-law. B. Any person who violates any provision of this bylaw, or who is the owner of property on which such violation occurs, shall be fined an amount not to exceed$100 per first violation, $200 for the second violation,and$300 for the third and each subsequent violation.Fines issued hereunder shall be issued in accordance with Chapter 1, § 1-6 of the General Bylaws. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue.Each day that such violation continues shall be considered a separate offense. [Amended 11-8-2021 STM by Art. 10] § 80-12. Severability. 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CL a O u� I Ili ,�iIIIIIIIII I I r, �''I I lilllq I I s„ 1: 1 I III. 1 ,,I I�I tl� a PY��{I { i1 u'I 9. p!1 { I!411 I Iltl I. irk IIII t+Yt•'' III ,I YI ' I I !uuu lilp u ti i�I Iluu iIII i :III I I '! !� ip ;�',:►.,III, tit�C{I�4':I V 'lid� Vl lilll;i W W I II " G dull III m III IuII `Y I, I r �II I I� ►'i ''" !!!!�iiiiiiii� I I 4 i�I�;!6;�111 IIIIII Y �I s 4 Chapter 80 NOISE CONTROL [HISTORY: Adopted by the Annual Town Meeting of the Town of Lexington 4-11-2001 by Art. 33. Amendments noted where applicable.] GENERAL REFERENCES Alarms—See Ch.5. Animals—See Ch.9. § 80-1. Findings. The Town of Lexington finds that excessive or unwarranted noise j eopardizes the health,safety,and welfare and degrades the quality of life of its residents. § 80-2. Purpose and applicability. A. The purpose of this by-law is to protect the residents of Lexington from excessive or unwarranted noise. No person owning, leasing, or controlling a source of sound shall willfully, negligently, or through failure to provide necessary equipment, service, or maintenance or to take necessary precautions cause, suffer, allow, or permit excessive or unwarranted noise. B. This by-law shall apply to the control of all sound originating within the limits of the Town of Lexington and shall be consistent in scope and application with the relevant state and federal statutes and regulations, including but not limited to the Massachusetts Clean Air Act, MGL Chapter 111, Sections 142A-M and the Massachusetts Department of Environmental Protection Air Pollution Control Regulations 310 CMR 7.00. C. Noise-related provisions of Chapter 9,Animals,may be enforced under this by-law. D. All Town departments and agencies shall, to the fullest extent consistent with federal and state laws and regulations, carry out their programs in such a manner as to comply with this by-law. E. Provisions in this by-law shall not apply to any activity to the extent regulation thereof has been preempted by state or federal law. § 80-3. Relationship to other laws. Nothing in this by-law shall be construed to restrict, amend,repeal, or otherwise limit the application or enforcement of existing Town of Lexington by-laws or Commonwealth of Massachusetts laws. § 80-4.Definitions. When used in this by-law,the following definitions shall apply: BLAST HOLE DRILLING Is a technique whereby a hole is drilled into the surface of the rock,packed with explosive material and detonated. The aim f this technique is to induce cracks in the inner geology f the surrounding rock, in order to remove rock and ledge. COMMERCIAL LANDSCAPER A person or entity that receives compensation to utilize landscape maintenance equipment on another's property. [Added 11-8-2021 STM by Art. 10] CONSTRUCTION Any site or building preparation, assembly, erection, substantial repair, alteration, destruction or similar action for public or private rights-of-way, structures,utilities, or similar property. EMERGENCY Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage. EMERGENCY WORK Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. EQUIVALENT CONTINUOUS SOUND PRESSURE LEVEL, or Leq/LAeq, is the constant noise level that would result in the same total sound energy being produced over a given period.LAeq is a fundamental measurement parameter designed to represent a varying sound source over a given time as a single number. EXCESSIVE OR UNWARRANTED NOISE Any noise that disturbs a reasonably prudent person or results in noise pollution or noise injury. LANDSCAPE MAINTENANCE EQUIPMENT Gas- or electric-powered lawn mowers,hedge trimmers, weed whackers, leaf blowers, and other equipment used in landscaping or lawn care. [Added 11-8-2021 STM by Art. 10] NOISE INJURY is a condition caused by one-time exposure to an intense impulse sound, such as an explosion or by continuous exposure to loud sounds over an extended period of time. Sound is measured in decibel units. Long or repeated exposure to sounds at or above 85 decibels can cause hearing loss. NOISE LEVEL Measured property of sound,which for the purpose of this by-law,will be expressed in A- weighted decibels (dBA), obtained with a Type I or II sound level meter as specified under American National Standards Institute(ANSI) standards. NOISE POLLUTION The condition resulting when either (a) a sound source exceeds 80 dBA in a residential zone and 85 or more dBA in all other zones; or(b) a sound source raises the noise level by 10 or more dBA above the ambient noise in any zone. PERCUSSIVE BREAKING (Hammering) Is the breaking of rock, bedrock or ledge by repeated blows of a heavy bit or a chisel inside a casing pipe controlled by heavy equipment. ROCK BREAKING Is the removal of boulders or bedrock from land by drilling, blasting, percussive breaking, crushing,processing or splitting. § 80-5.Prohibition of excessive or unwarranted noise. Generation of excessive or unwarranted noise is prohibited, except as provided by§§ 80-5 and 80-8 of this by-law. In addition,the following restrictions shall apply: A. Construction/private service/maintenance power equipment. [Amended 6-1-2020 ATM by Art. 27] (i) Contractors are permitted to operate tools or equipment used in construction, excluding blast hole drilling,rock breaking,or blasting,in a manner such that this operation creates noise across a real property boundary that exceeds the limits prescribed in the definition of noise pollution on weekdays between the hours of 7:00 a.m. and 5:00 p.m. and on Saturdays between the hours of 9:00 a.m. and 5:00 p.m. Such operation is not permitted on Sundays and legal holidays recognized by the Commonwealth of Massachusetts. (ii) Residents are permitted to operate tools or equipment used in construction, excluding blast hole drilling, rock breaking or blasting, in a manner such that this operation creates noise across a real property boundary that exceeds the limits prescribed in the definition of noise pollution on weekdays between the hours of 7:00 a.m. and 9:00 p.m. and on Saturdays, Sundays and legal holidays recognized by the Commonwealth of Massachusetts between the hours of 9:00 a.m. and 5:00 p.m. (iii) Blasting and the use of powered equipment used in rock breaking, including but not limited to hydraulic or pneumatic hammers, on weekdays only between the hours of 9:00 a.m. and 5:00 p.m. and is not permitted on Saturdays, Sundays, and legal holidays recognized by the Commonwealth of Massachusetts. Contractors and residents are required to comply with noise mitigation measures requirements in Section 80-8. B. Legal Holidays recognized by the Commonwealth. The following legal holidays recognized by the Commonwealth of Massachusetts shall be applicable for the purposes of this bylaw: New Year's Day Martin Luther King Day Washington's Birthday Patriot's Day Memorial Day Juneteenth Independence Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day C. Commercial trash collection. The operation of commercial trash compactors or collection of trash, rubbish, refuse or debris, which generates excessive or unwarranted noise at any point of public or common pass-by between the hours of 11:00 p.m. and 6:00 a.m, is prohibited. D. Commercial deliveries or pickups. Deliveries or pickups for commercial or business purposes between 11:00 p.m. and 6:00 a.m. are prohibited unless the noise level of such deliveries or pickups in nearby residential areas does not cause excessive or unwarranted noise. E. Electronic devices and musical instruments. No person owning, leasing or controlling the operation of any electronic device or musical instrument shall willfully or negligently cause or permit excessive or unwarranted noise. F. Fixed plant equipment. Excessive or unwarranted noise caused by fixed plant equipment such as,but not limited to, air conditioners, pumps, fans, furnaces, compressors, engines, ventilation equipment and similar fixed plant equipment is prohibited. G. Motor vehicle alarms. No person owning, leasing, renting or otherwise in control of a motor vehicle will permit the sounding of any horn, alarm or other signaling device for any period of time exceeding 10 minutes. Automatic alarm systems must be programmed to reset within 10 minutes and may not activate again within the next 60 minutes.A police officer observing any horn,alarm or other signaling device that fails to comply with this section will direct an owner, operator,renter or person in control of the vehicle to silence the motor vehicle alarm. If, after making a reasonable attempt to contact the vehicle owner, operator,renter or person in control of the vehicle(or if that person refuses to comply), the officer may enter the vehicle to shut off or otherwise disconnect the power source. If unsuccessful, an authorized towing agency may be used to remove the motor vehicle to an approved storage area. The registered owner of the motor vehicle will be responsible for all reasonable costs, charges and expenses incurred for the silencing of the alarm, removal and/or storage of the motor vehicle. H. Stationary engine run-up. Permitting, allowing or causing generation of excessive or unwarranted noise at any point of public or common pass-by through the unnecessary operation of the engine of a motor vehicle while said vehicle is stopped for a foreseeable period of time in excess of five minutes is prohibited. I. Landscape Noise [Amended 11-8-2021 STM by Art. 10] (1) The outdoor use of landscape maintenance equipment by commercial landscapers shall be limited to the following days and hours: (a) Monday Friday: 7:00 a.m. to 6:00 p.m. (b) Saturdays: 9:00 a.m. to 5:00 p.m. (2) The outdoor use of landscape maintenance equipment by persons other than commercial landscapers shall be limited to the following days and hours: (a) Monday Friday: 7:00 a.m. to 8:00 p.m. (b) Saturdays, Sundays, and legal holidays: 9:00 a.m. to 5:00 p.m. (3) The outdoor use of landscape maintenance equipment by the Town or Town contractors on Town property shall be limited to the following hours: (a) Monday Friday: 7:00 a.m. to 8:00 p.m. (b) Saturdays: 9:00 a.m. to 5:00 p.m. (4) Landscape construction work shall be governed by§ 80-5A,rather than this § 80-5I. (5) The use of gas-powered leaf blowers is restricted to the periods of March 15 to May 31 and September 15 to December 30. (6) Effective March 15,2025,the use of all gas-powered leaf blowers by commercial landscapers in the Town of Lexington shall be prohibited. (7) Effective March 15, 2026, the use of all gas-powered leaf blowers by residents on their own property in the Town of Lexington shall be prohibited. (8) The use of wheeled leaf blowers powered by four-stroke engines on properties larger than one acre is not subject to the prohibitions in Subsection I(6) and(7). (9) Golf courses shall be exempt Subsection I(5) and(6). § 80-6. Exemptions. A. The provisions of this by-law shall not apply to sounds emitted during or associated with: (1) Police, fire, and civil and national defense activities, or in training exercises related to emergency activities; (2) Parades,public gatherings, or sporting events, for which permits have been issued or which are supervised by the School Department or the Parks and Recreation Department; (3) Noncommercial public speaking and public assembly activities as guaranteed by state and federal constitutions; (4) Operation of a farm or any ancillary or related activity that is an ordinary aspect of farming; (5) Emergency work including, but not limited to, the operation of any mechanical devices, apparatus, vehicles, or equipment used in connection with an emergency; (6) Snow removal activity; and (7) Any activity to the extent the regulation thereof has been preempted by state or federal laws or regulations. B. These exemptions shall not apply if the noise is determined to exist as the result of negligent conduct or actions inconsistent with generally accepted practices. § 80-7.Measurement of excessive or unwarranted noise. A. A determination that excessive or unwarranted noise is related to a given noise source will be made in accordance with the definition of"noise level" in § 80-4. B. To determine if there is a noise violation on private property, the noise measurements shall be made at the boundary of the abutting property from which the offending sound source is located. To determine if there is a noise violation in public spaces,the noise measurements shall be made at any location a passerby might lawfully occupy. § 80-8. Noise mitigation plan for construction. [Added 10-21-2020 STM by Art.3] (i) A noise mitigation plan prepared by a credentialed noise mitigation consultant shall be required prior to the issuance of a building permit for construction projects in or adjacent to residentially zoned areas where: (a) The project entails rock removal with heavy machinery, including but not limited to ledge removal, rock pounding, rock crushing, or rock cutting (collectively defined as "ledge work"); and (b) Ledge work activities are anticipated to take place on more than seven days over the course of the project; or (c) Any project, based on the specific conditions of the project and upon a determination of the Building Commissioner shall require a noise mitigation plan. (ii) A noise mitigation plan required under this § 80-8 shall, at a minimum, require portable sound barriers, designed to reduce sound levels outside the barriers by at least 10 dB(A), surrounding and installed as close as practicable to the source of the noise. The noise mitigation plan may require, at the discretion of the Building Commissioner,regular noise monitoring and reporting to the Building Commissioner. These barriers must reduce construction noise to prevent noise injury to Town residents. The objective of this bylaw is to keep maximum noise levels at the property line under 80 dB(A) in residential zones and 85 dB(A) in all other zones. This is taken to mean the LAeq as measured by a calibrated sound level meter. Since construction noise varies over time, the LAeq measurement should be taken over a representative time period, to capture the loudest typically sustained noise level. This plan must address all noise-producing activities involved in rock removal, including rock pounding, rock crushing, pneumatic jack-hammers or rock cutting (collectively defined as "ledge work"). Blast hole drilling and blasting, as permitted through the Fire Department is excluded. The Plan shall include a site plan showing the site boundaries and the locations of nearby residents on all sides. The site plan shall also show the location of ledge to be removed and the locations of each proposed noise-producing equipment and its range of movement. (iii) In the event that a building permit is issued under the assumption that none of the § 80-8 provisions apply, and it is discovered that such provisions do apply after the project begins,then no ledge work shall begin or continue until a noise mitigation plan is submitted and accepted in accordance with § 80-8(ii). (iv) In the event that the builder does not submit or follow a specified noise mitigation plan,whether by using inadequate barriers,poor barrier installation,poor maintenance, failure to move them to a new work area on site, or any other problem, then work must cease until the issue is corrected in accordance with provisions of§ 80-8. § 80-9. Special permits. [Amended 3-31-2004 ATM by Art.39] A. The Select Board, or its designees,may issue a special permit for any activity otherwise forbidden by the provisions of this by-law. A person seeking such a permit shall make a written application to the Select Board, or designee,on the appropriate form,which shall be available at the office of the Select Board or its designee. The following criteria shall be considered when deciding whether to issue a special permit: [Amended 3-27-2019 ATM by Art.34] (1) Whether the cost of compliance will cause an applicant excessive financial hardship; and (2) Whether the proposed additional noise will have an excessive impact on neighboring residents. B. The Select Board, or its designees, may issue additional guidelines defining the criteria to be considered and the procedures to be followed in applying for a special permit. [Amended 3-27-2019 ATM by Art.34] C. An initial special permit shall remain valid for up to one year from the date it was issued. Renewal of a special permit shall require: (1) A public hearing for review of whether the cost of compliance will cause an applicant excessive financial hardship; and (2) Evaluation of noise data at the boundary of the property in which the offending sound source is located. Renewal of a special permit shall be up to three years. Any special permit issued to the applicant shall contain all necessary conditions to ensure minimum disturbance to the adjoining residences. D. Legal notice of the time and place of said hearing shall be given by the Select Board, at the expense of the applicant, by publication in a newspaper of general circulation in Lexington once in each of two successive weeks, the first publication to be not less than 14 days before the day of the hearing and by posting such notice in a conspicuous place in the Lexington Town Hall for a period of not less than 14 days before the day of such hearing, and by delivering or mailing a notice thereof to the applicant,the Board of Health, the Police, Fire and Inspectional Services Departments and the abutters within 300 feet of the lot line. [Amended 3-27-2019 ATM by Art. 34] § 80-10.Rules and regulations. [Amended 3-27-2019 ATM by Art. 34] The Select Board, or its designees, may promulgate, after public notice and hearing, rules and regulations to effectuate the purposes and intent of this by-law. However, failure by the Select Board to promulgate such rules and regulations shall not act to suspend or invalidate the effect of this by-law. § 80-11. Enforcement and penalties. A. The Police, Health or Inspectional Services Departments, or any designee thereof, shall have power to enforce this by-law. B. Any person who violates any provision of this bylaw, or who is the owner of property on which such violation occurs, shall be fined an amount not to exceed$100 per first violation, $200 for the second violation,and$300 for the third and each subsequent violation.Fines issued hereunder shall be issued in accordance with Chapter 1, § 1-6 of the General Bylaws. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue.Each day that such violation continues shall be considered a separate offense. [Amended 11-8-2021 STM by Art. 10] § 80-12. Severability. If any section,paragraph or part of this by-law is for any reason declared invalid or unconstitutional by any court, every other section,paragraph and part shall continue in full force. Town of Lexington,MA Chapter 80 Noise Control §80-1.Findings. The Town of Lexington finds that excessive or unwarranted noise jeopardizes the health,safety,and welfare and degrades the quality of life of its Downloaded from https://ecode360.com/LE1818 on 2023-09-20 Town of Lexington,MA 80-2.Purpose and applicability. A. The purpose of this by-law is to protect the eiti e:-K e s i d:.„ts.of Lexington from excessive or unwarranted noise.No person owning,leasing,or controlling a source of sound shall willfully,negligently,or through failure to provide necessary equipment,service,or maintenance or to take necessary precautions cause, suffer,allow,or permit excessive or unwarranted noise. B. This by-law shall apply to the control of all sound originating within the limits of the Town of Lexington and shall be consistent in scope and application with the relevant state and federal statutes and regulations. C. Noise-related provisions of Chapter 9,Animals,may be enforced under this by-law. D. All Town departments and agencies shall, to the fullest extent consistent with federal and state laws and regulations,carry out their programs in such a manner as to comply with this by-law. E. Provisions in this by-law shall not apply to any activity to the extent regulation thereof has been preempted by state or federal law. Downloaded from https://ecode360.com/LE1818 on 2023-09-20 Town of Lexington,MA 80-3.Definitions. When used in this by-law,the following definitions shall apply: B.1 AST 1.101,l°........ R1.1 I JlNG Any t,chni.(.l�e whereby y a....:tolc....._ts drilled.......into.......the surface of the rock. acked.wit e lostve material and detonated to induce cracks in the inner gglo� of the su.rroundin rock in order to rem.ov .... ........ ......... ........ ......... ......... ......... ........ ......... ..... ....... ..... ......... ....g g , ....... ........ ....... ......... ...... k. d. :.::......p::i.:.:......1�:. .g:..l.. BROADBAND NOISE—Any sound that contains a broad range of tonal sounds. COMMERCIAL LANDSCAPER—A person or entity that receives compensation to utilize landscape maintenance equipment on another's property. [Added 11-8-2021 STM by Art.101 CONSTRUCTION—Any site or building preparation,assembly,erection,substantial repair,alteration,destruction or similar action for public or private rights-of-way,structures,utilities,or similar property. EMERGENCY—Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage. EMERGENCY WORK—Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. EXCESSIVE OR UNWARRANTED NOISE—Any noise that disturbs a reasonably prudent person or results in noise pollution or noise injury. LANDSCAPE MAINTENANCE EQUIPMENT—Gas-or electric-powered lawn mowers,hedge trimmers,weed whackers,leaf blowers,and other equipment used in landscaping or lawn care.[Added 11-8-2021 STM by Art. 101 MOTOR VEHICLE—Any vehicle which is propelled or drawn on land by a motor,such as,but not limited to, passenger cars,trucks,truck-trailers, semitrailers, campers, tractors, go-carts, snowmobiles, all-terrain vehicles, motorized scooters,racing vehicles,or motorcycles. NOISE INJURY The condition resulting from that amount_o acct�:�stic en y or that arn.outN�t o la tilne that: A. Could cause,or allow to cause injury to the health of humans; B. Endangers or injures personal or real property; "I R w C ou d cause tent orar (n ertnanent_ ,.i.T loss gun persons e ose.m .. Couldotherwise......lbe tt�juri�tus�or tend.to be on the basis of cut-rent information,injuriou �to the publi health or weltare.-or f;.W... 1;. .seed.. t.l�. .....st�t.rt l.�.�rd (�)t. ` sttt.�°.t..(n. cstt�l�lts..�,cd herein,... Formatted:Numbered+Level:1 +Numbering Style: y w w w A,B,C,...+Start at:1 +Alignment:Left+Aligned at: �.,,,, ri....... �,• xe c 0.25" Indent at: 0.5" 1 m.....:Pr ogf aff FL4ate4­34-M-arch NOISE LEVEL—Measured property of sound, which for the purpose of this by-law,will be expressed in A- weighted decibels(dBA),obtained with a Type I or II sound level meter as specified under American National Standards Institute(ANSI)standards. NOISE POLLUTION—The condition resulting when: „tam O a broadband sound source raises the noise lev 1 .................. by 10 or more dBA above the ambient noise;or(I„)a tonal sound source raises its octave band noise level by thre decibels or more above the adjacent octave band levels;_tr(c a lbroadbat d so u: d s:�urce exceeds dBA.in a residential. zone or exceeds 80 (113A in all. other zones. ;s s . w w w 004+ Y .. .....� .. .i•.� .. ...... f �.. ..... ......... IIIl�1. . 5 ..� �,.......:B1l..F 1��:::J �.......(1la merin An techrti ue causin the breal in off...rock, be rocl or..:led�e b re Bated blo s tit"a l eav bit or a cltisel inside a casin ll DI De controlled bv heavy e i t—tentw Downloaded from https://ecode360.com/LE1818 on 2023-09-20 Town of Lexington,MA i 'K ::EAKIN .. any t �,l�m :�.....�e ca��sin)the re no alb of boui�:iers or bedrock from land b ��rfllin)- blastin p,r a sive.....bre lain ,crtishiti . process or TONAL SOUND—Any sound that has the characteristics of a pure tone,whine,hum or buzz. Downloaded from https://ecode360.com/LE1818 on 2023-09-20 Town of Lexington,MA 80-4.Prohibition of excessive or unwarranted noise. Generation of excessive or unwarranted noise is prohibited,except as provided by§§80-5 and 80-8 of this by-law. In addition,the following restrictions shall apply: A. Construction/private service/maintenance power equipment. [Amended 6-1-2020 ATM by Art.271 (i) Contractors are permitted to operate tools or equipment used in construction, including .:I t l.o , frilling Iccl llfre�akiaa b� sta or demolition work, .. �d �.... . n-only on weekdays a:r.. between the hours of 7:00 a.m.and 5:00 p.m.and on Saturdays between the hours of 9:00 a.m.and 5:00 p.m.in a manner such that this „ eratio�a does root create nazis�across a real ,ra:a e�y�bound r ghat wou exceed 7 dl in...._a re id.ential zone r 80 dl in.ill older zones. Such operation is not permitted o Sundays and legal holidays. C.Q. achusetts (ii) Residents are permitted to operate tools or equipment used in construction, including t Flo .... drilling,Kok ��ka.....................................................................................t,g blasti:n(r or demolition work on their own property, p ry only on weekdays between the hours of 7:00 a.m.and 9:00 p.m.and on Saturdays,Sundays and legal holidays recognize ley flee ::oana�aonwe�alth o�" assa�:,l�usetts only between the hours of 9:00 a.m.an 5:00 p.m....... a.....:ua]a n raer s„u...h t.11 al tb:as o. eration does n.ot create noise across a r°cal ro et°t boundat thg,t would exceed 75 dBA.in.a residential zone or 80 dB A.in all.other zones. ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. (iii) In addition to the above restrictions,blasting and the use of powered equipment used in t -c,. W --f r Po ;u ock.f r akaa gy Ill l st l lc call ag,l ct�a, v....Ilrc g d.....: w ,including but not limited to hydraulic or pneumatic hammers,by e trakA0fS rr; = Fesiderits--is permitted on weekdays only between the hours of 9:00 a.m. and 5:00 p.m. and is not permitted on Saturdays, Sundays, and legal holiday rpgpgua d b,y:...tl�mc ;o on.we a h off".....:Massachusetts.Contractors and.residents are aired to co � 1 wiIh the noise aniti atio a aracasures aaad a:e. air,a c is ir.Sectlo a.80,,,,.8. w Le al l l hd s rep o njzed....... . the Commonwealth. The followi:n�le Yal holida s reco nixed by........th °g.... Commonwealth eall�cat...:...:.Massachusetts......sh l.::I:.be .ppfi abl .....fig the 1 r o ifs gftha ......b law: Formatted:Indent:Left: 0.33", No bullets or New Year's lay numbering a:rl n L:t.!ther.....:Il ...::t:1:..�IIC a .............fit ton's l a rt a .::Il Sul l i:.:t.............DU Memorial. ..y: Iuneteenth lnd.e ender e Da Ip.dgperadence Day. Caber Day ..................................................................................... Veteran'sColumbus Dqy ].-..)ay :Christmas:. ......� y Commercial trash collection.The operation of commercial trash compactors or collection of trash,rubbish, refuse or debris,which generates excessive or unwarranted noise at any point of public or common pass-by between the hours of 11:00 p.m.and 6:00 a.m.is prohibited. .Commercial deliveries or pickups.Deliveries or pickups for commercial or business purposes between 11:00 p.m. and 6:00 a.m.are prohibited unless the noise level of such deliveries or pickups in nearby residential areas does not cause excessive or unwarranted noise. Downloaded from https://ecode360.com/LE1818 on 2023-09-20 Town of Lexington,MA Electronic devices and musical instruments.No person owning,leasing or controlling the operation of any electronic device or musical instrument shall willfully or negligently cause or permit excessive or unwarranted noise. Fixed plant equipment. Excessive or unwarranted noise caused by fixed plant equipment such as,but not limited to,air conditioners,pumps,fans,furnaces,compressors,engines,ventilation equipment and similar fixed plant equipment is prohibited. F7G. Motor vehicle alarms. No person owning, leasing,renting or otherwise in control of a motor vehicle will permit the sounding of any horn,alarm or other signaling device for any period of time exceeding 10 minutes. Automatic alarm systems must be programmed to reset within 10 minutes and may not activate again within the next 60 minutes.A police officer observing any horn,alarm or other signaling device that fails to comply with this section will direct an owner,operator,renter or person in control of the vehicle to silence the motor vehicle alarm.If,after making a reasonable attempt to contact the vehicle owner,operator,renter or person in control of the vehicle(or if that person refuses to comply),the officer may enter the vehicle to shut off or otherwise disconnect the power source.If unsuccessful,an authorized towing agency may be used to remove the motor vehicle to an approved storage area.The registered owner of the motor vehicle will be responsible for all reasonable costs,charges and expenses incurred for the silencing of the alarm,removal and/or storage of the motor vehicle. 49"H.Stationary engine run-up.Permitting,allowing or causing generation of excessive or unwarranted noise at any point of public or common pass-by through the unnecessary operation of the engine of a motor vehicle while said vehicle is stopped for a foreseeable period of time in excess of five minutes is prohibited. H. [Amended 11-8-2021 STM by Art.101 (1) The outdoor use of landscape maintenance equipment by commercial landscapers shall be limited to the following days and hours: (a) Monday—Friday:7:00 a.m.to 6:00 p.m. (b) Saturdays:9:00 a.m.to 5:00 p.m. (2)The outdoor use of landscape maintenance equipment by persons other than commercial landscapers shall be limited to the following days and hours: (a) Monday—Friday:7:00 a.m.to 8:00 p.m. (b) Saturdays,Sundays,and legal holidays:9:00 a.m.to 5:00 p.m. (3)The outdoor use of landscape maintenance equipment by the Town or Town contractors on Town property shall be limited to the following hours: (a) Monday—Friday:7:00 a.m.to 8:00 p.m. (b) Saturdays:9:00 a.m.to 5:00 p.m. (4) Landscape construction work shall be governed by§80-4A,rather than this§80-4H. (5) The use of gas-powered leaf blowers is restricted to the periods of March 15 to May 31 and September 15 to December 30. (6) Effective March 15,2025,the use of all gas-powered leaf blowers by commercial landscapers in the Town of Lexington shall be prohibited. (7) Effective March 15,2026,the use of all gas-powered leaf blowers by residents on their own property in the Town of Lexington shall be prohibited. Downloaded from https://ecode360.com/LE1818 on 2023-09-20 Town of Lexington,MA (8) The use of wheeled leaf blowers powered by four-stroke engines on properties larger than one acre is not subject to the prohibitions in Subsection H(6)and(7). Downloaded from https://ecode360.com/LE1818 on 2023-09-20 Town of Lexington,MA 80-5.Exemptions. A. The provisions of this by-law shall not apply to sounds emitted during or associated with: (1) Police,fire,and civil and national defense activities,or in training exercises related to emergency activities; (2) Parades,public gatherings,or sporting events,for which permits have been issued or which are supervised by the School Department or the Parks and Recreation Department; (3) Noncommercial public speaking and public assembly activities as guaranteed by state and federal constitutions; (4) Operation of a farm or any ancillary or related activity that is an ordinary aspect of farming; (5) Emergency work including, but not limited to, the operation of any mechanical de A.c;edevi ec apparatus, e , v.......h......... ,or equipment used in connection with an emergency; .............. (6) Snow removal activity;and (7) Any activity to the extent the regulation thereof has been preempted by state of federal laws or regulations. B. These exemptions shall not apply if the noise is determined to exist as a result of negligent conduct or actions inconsistent with generally accepted practices. Downloaded from https://ecode360.com/LE1818 on 2023-09-20 Town of Lexington,MA 80-6.Measurement of excessive or unwarranted noise. A. A determination that excessive or unwarranted noise is Ufa ,-, �, 1.„ t �C........ .a given noise source will bk made in accordance with the definition of"noise level"in§80-3. B. To determine if there is a noise violation on private property,the noise measurements shall be made at the boundary of the�� . :: ,g property in—fr which the offending sound source is located.To determine If there is a noise violation in public spaces,the noise measurements shall be made at any location a passerby might lawfully occupy. Downloaded from https://ecode360.com/LE1818 on 2023-09-20 Town of Lexington,MA 80-7.Enforcement and penalties. A. The Police,Fire,Health or Inspectional Services Departments,or any designee thereof,shall have power to enforce this by-law. B. Any person who violates any provision of this bylaw, or who is the owner of property on which such violation occurs, shall be fined an amount not to exceed$ .1.0 0 per first violation, $100 200 the second violation,and$ . _�:�.�:�....for the third and each subsequent violation.Fines issued hereunder shall be issued in accordance with Chapter 1,§ 1-6 of the General Bylaws.The imposition of a penalty for any violation shall not excuse the violation or permit it to continue.Each day that such violation continues shall be considered a separate offense. [Amended 11-8-2021 STM by Art.101 Downloaded from https://ecode360.com/LE1818 on 2023-09-20 Town of Lexington,MA 80-8.Noise mitigation plan for construction.[Added 10-21-2020 STM by Art.31"] (i) A noise mitigation plan p e .qEE .d...l: a ,,redent aled n rise nutu ration cc nsultant shall be required prior to thk issuance of a building permit for construction projects in or adjacent to residentially zoned areas where: „.j.........................The project entails rock removal with heavy machinery,including „ „��t. ,„ t .ledge removal,B1.4.t i l l.e Dr i 1l..........i.n:� c c;k Il rea i n percussive real i U.. rock pounding,rock crushing,rock drilling or roc s cutting(collectively defined as"ledge work");and (h)_Ledge work activities are anticipated to take place on more than seven days over the course of the projec o:.. ................. c The.....Buil:.ding.....Commissioner Diet n nes based on the specific conditions of the p1-o ect that th- prt>'ect shall. :poise miti at n......:plan. (ii) A noise mitigation plan required under this § 80-8 shall, at a minimum, require portable sound barriers, designed to reduce sound levels outside the barriers by at least 10 dB(A),surrounding and installed as close as practicable to the source of the noise.These barriers must reduce construction noise to prevent noise injury to Town residents.The objective of this bylaw is to keep maximum noise levels under 85 dB(A)at the property line. (iii) In the event that a building permit is issued under the assumption that none of the§80-8 provisions apply,and it is discovered that such provisions do apply after the project begins, then no ledge work shall begin or continue until a noise mitigation plan is submitted and accepted in accordance with§80-8(ii). (iv) In the event that the builder does not submit or follow a specified noise plan,whether by using inadequate barriers,poor barrier installation,poor maintenance,failure to move them to a new work area on site,or any other problem,then work must cease until the issue is corrected and a penalty of$50 per day may be assessed in accordance with provisions of§ 80-7 for any days that ledge work took place without a plan, or not in accordance with a submitted plan. (v) In addition to the general enforcement provisions of Chapter 80,the Building Department in conjunction with the Public Health Department shall have the power to enforce this section. Downloaded from https://ecode360.com/LE1818 on 2023-09-20 Town of Lexington,MA 80-9.Special permits.[Amended 3-31-2004 ATM by Art.39] A. The Select Board, or its designees,may issue a special permit for any activity otherwise forbidden by the provisions of this by-law.A person seeking such a permit shall make a written application to the Select Board, or designee,on the appropriate form,which shall be available at the office of the Select Board or its designee. The following criteria shall be considered when deciding whether to issue a special permit: [Amended 3-27- 2019 ATM by Art.34] (1) Whether the cost of compliance will cause an applicant excessive financial hardship;and (2) Whether the proposed additional noise will have an excessive impact on neighboring e e �dents. B. The Select Board,or its designees,may issue additional guidelines defining the criteria to be considered and the procedures to be followed in applying for a special permit. [Amended 3-27-2019 ATM by Art.34] C. An initial special permit shall remain valid for up to one year from the date it was issued.Renewal of a special permit shall require: (1) Apublic hearing for review of whether the cost of compliance will cause an applicant excessive financial hardship;and (2) Evaluation of noise data at the boundary of the property in which the offending sound source is located. Renewal of a special permit shall be up to three years.Any special permit issued to the applicant shall contain all necessary conditions to ensure minimum disturbance to the adjoining residences. D. Legal notice of the time and place of said hearing shall be given by the Select Board,at the expense of the applicant,by publication in a newspaper of general circulation in Lexington once in each of two successive weeks,the first publication to be not less than 14 days before the day of the hearing and by posting such notice in a conspicuous place in the Lexington Town Hall for a period of not less than 14 days before the day of such hearing,and by delivering or mailing a notice thereof to the applicant,the Board of Health,the Police,Fire and Inspectional Services Departments and the abutters within 300 feet of the lot line. [Amended 3-27-2019 ATM by Art.341 Downloaded from https://ecode360.com/LE1818 on 2023-09-20 80-10.Severability. If any section,paragraph or part of this by-law is for any reason declared invalid or unconstitutional by any court, every other section,paragraph and part shall continue in full force. Downloaded from https://ecode360.com/LE1818 on 2023-09-20 Town of Lexington,MA 80-11.Relationship to other laws. Nothing in this by-law shall be construed to restrict,amend,repeal,or otherwise limit the application or enforcement of existing Town of Lexington by-laws or Commonwealth of Massachusetts laws. Downloaded from https://ecode360.com/LE1818 on 2023-09-20 80-12.Rules and regulations.[Amended 3-27-2019 ATM by Art.34] The Select Board, or its designees, may promulgate, after public notice and hearing, rules and regulations to effectuate the purposes and intent of this by-law.However,failure by the Select Board to promulgate such rules and regulations shall not act to suspend or invalidate the effect of this by-law. Downloaded from https://ecode360.com/LE1818 on 2023-09-20 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Review and Approve Select Board Committee Appointments to the Historic Districts Commission Associates PRESENTER:TER• ITEM S NUMBER: Joe Pato, Select Board Chair I.7 SUMMARY: Category:Decision-Making Appointments: Historic Districts Commission Associates The Select Board is being asked to appoint associate members to the Historic Districts Commission. The associate members serve a five-year term. There are currently three openings with the fo llo wing term expirations: • D ec emb er 31, 2024 -the unexp ired term o f S us an B ennett • December 31, 2026 -the unexpired term of Lee Noel Chase • December 31, 2027 -the unexpired term of Dan His el Per the Special Acts Chapter 447,Acts of 1956, Section 4, candidates are to be nominated by the Lexington Historical Society, Cary Memorial Library Trustees and the Lexington Chamber of Commerce. Candidates shall be residents of the Town of Lexington to be considered for appointment. The following list of candidates was put forth by the nominating bodies: • Robert Adams (State Conflict of Interest Law Online Training is up to date as he was previously a full member of the HDC) • Brien Cooper • Richard Neumeier The Select Board has the option to fill all, some or none of the vacancies from the list of nominations. SUGGESTED MOTION: Move to appoint as an associate member of the Historic Districts Commission to fill an unexpired term set to expire on December 31, 2024. Move to appoint as an associate member of the Historic Districts Commission to fill an unexpired term set to expire on December 31, 2026. Move to appoint as an associate member of the Historic Districts Commission to fill an unexpired term set to expire on December 31, 2027. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2023 8:15pm ATTACHMENTS: Description Type F) 2023 Historic Districts Comi-nission Associates Al,'.)pfication B.C.I.)o]p e r Fkickup Material F) 20,3 Ffistoric DistridS bW11111iSSion Associates Application,,,,,R.Neurneier, Backup Material r �II w B, AA, II 4 �I�ri'iNr� FOR I I IV ''II�h IIII E�` III IBER fi �vYW ui� ; ,i. .� :i h N ::����,,w:�w,, � G, r, Ifs �I,� N I:�, fl rf ftipp III„ Bona r JI ie (oatims: m , I. ®a . pe IINrt L,--r , Qfj -571101 11:0411iQlA iyjj, d, ut d Y���y I y',ou I !"�� r,„ U � �y� urn i � � . MY�� i Y hrytl I)"fIM 1 J�V AR.L �I �uu^IrLvN J)t Ott t � I�I� •� tip t^4111� I uJ �ea�' I' Y p f, 'i P r ---—--------- 1 i�:kc (^ 11 JLIy urll yI 1 V E r y ��� II �..�e III vil y V� � J�„ I .e R� 1 ` , ,i t Lz;� YL l qiu �L ]�" II'A r; ", mP r r w IM NN� t...... F Illr i MIIIIII M ®I�����. y -Leg .......... fop! IIN��,i I NIIII,r �` c III I<L I I�� r I��' II I T'I 'r 1�,11 �I udui^`� ► I���r��� m "I IY N N r� 'xi,m'' , I, /rt�if 4aw �z oNcl Ljv�ISO ),C.CT., II j I u I'' o NI ^� � . .... . ........... IN 41 [ow Y14 m W7 a�,,I� r ���� �w I��rt "�` .. kin" '�!��, 1�� � I����Illlr" °"IIII; '» ���� , IIII ., . the � l �1����. ' w yun w, o _ �wn�lwe ulu 5 ti, . a. l . �ry �o�.. a e i � , �M®,YM r r ] wIIcI"i „ r� "Yes: � u r t�x�Nf quest i „s wk 8 g ni I �t u leII. w„M ,� W w 1 �C I r I� g � � II die 4, 1 c� � ,������ �^, �� n����� � Yes t y1411) sen' we c)tl,�,w'i � ��. , :� I Ifliiiiiiii IN�' f i vi,IJ9 IVI+ !1" KIWI ull rr I�Y U',,!W++YY'Ilb �I���!I,,�`u �M"'Il+ ' ��'Yd lr°�N�a flu w l Sul frtul rMwfM rtlMl 1 46 w�wwwwww. > » »»»»»> wwmruuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuul����N��M�""'" "" """" :""""" 'Mu(J�Cn I�IIMVIIMMMMMMMMMVIIIIVMMMM �IMNIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIIMIMMMMMVMMWIEfdf�MMIIMiww w'�w.umw.Mwwa..wmmmwx wn �,� P � �, r �P I 117 '*ff iii�ire.I ti"io ii: ,`n � i� I m �. m„' f IIII ii iir � � ,ii�.ii ease iii,i�i ii i„�- ii,. ;:IIII� ii 'iii iii a, nl � , o ����I `��� ��� °� � �����^ win ^� .�� '� ��� m w �� . �^ �"" ���,� � �� ,� �,,,� �� �� ���� w .��������� ����. � �" ,�' ������I � i® � th �� d rt � r s Qlf, � iyel » N 117 J) '�� 5 r �Y" 7�9 1,i��U i '���"r :r�'; of �°��° s i��t�� Vll� �� �ti������ " ,�� w�����` �u ,; °im W �w��y "�w.m ,.� �i{�MM��IYhIIU»,,,,,,,,,,,,,,,JNYPJJJJI�JJJJJJ'J'A'IDDH�J'Mlhllllllllllll WW&1DIWIWI'NWIVWWIVWWIVN'iW1YN9DYIDDYIYIJ,YWWW1i1Wi'NY1'1'�"' APPLICATION FOR BOARD OR COMMITTEE MEMBERSHIP Applicants are encouraged to also include a letter of interest or current resume along with them submission of this application. Historic Districts Commission Board/Committee Name (one application per Committee): Yes Would you like your application kept on file for up to one year? Yes: No: Full Name Brien M. Cooper Nickname: Preferred Title: 6 Parker Street Lexington 02421 Home Address: City: Zip: 6 Length of Residence in Lexington(note: ZBA requirement is a minimum of 8 years): Occupation: Lawyer Edward Brooke Courthouse Boston 24 New Chardon Street 02114 Work Address. City. Zip. Phone: Home: Cell: Email: Primary: Secondary: Special Training and/or Qualifications: My training is from attending law school and working for over fifteen years in the District Court Department of the Massachusetts Trial Court, with a focus on interpreting, discussing, and applying rules, statutes, and case law. What is your interest in this Committee? Having worked with District Court judges for over fifteen years, I have learned that the mark of a good judge is being curious and conscientious. Regarding the Historic Districts Commission, am curious about preservation, the tension it has with the town's development, and the Commission's role in navigating that tension. In addition to my curiousity, I have given careful attention to the management and decisions of the District Court Appellate Division, I am familar with working in a government role, and I am looking forward to providing service to the town. live within the Battle Green District and have been before the HDC. How did you hear about the Committee? Yes Have you recently attended any meetings of the Committee? Yes: No: Yes Have you confirmed your availability to attend the Committee's meetings? Yes: No: (For questions regarding the meeting schedule,please contact the Board/Committee via the Town website.) No Do you currently serve on another Board/Committee? Yes: No: Email:......................................................11 l , t , or,rnana oir Ile i in toinirna, ov i i i If Yes, please list Board/Committee Name(s): If Yes, please list date of most recent Conflict of Interest Law Training*: /s/ Brien M. Cooper . January 13 2023 Signature: Date. '� *If currently serving on another Board/Committee,please attach a copy of your State Conflict of Interest Law Online Training Certificate, which can be obtained from the Town Clerk's Office. Email:sell, ;flboar . cello uir� �oir�ir a,. ov or,....................................rn oir _Ile iiin toinirna,..ov Brien M. Cooper 6 Parker Street, Lexington, MA 02421 EXPERIENCE 2014 TO PRESENT APPELLATE DIVISION OF THE DISTRICT COURT Boston, MA APPELLATE DIVISION CLERK • Manage operations of appellate body of fifteen District Court justices that decide appeals in civil cases • Interpret and advise justices on court procedural rules, statutes, and case law • Draft decisions and orders and review Appellate Division opinions for publication • Provide oral and written responses to inquiries from attorneys, self-represented litigants, and court personnel regarding court procedure and compliance with Appellate Division rules 2012 TO 2014 ADMINISTRATIVE OFFICE OF THE DISTRICT COURT Boston, MA STAFF ATTORNEY • Provided counsel to Chief Justice and Deputy Court Administrator on civil, criminal, and court management issues • Presided over and decided union grievance appeals regarding promotion and discipline throughout Commonwealth • Responsible for reviewing and drafting legal bulletins on all new cases, legislation, regulations, and ethics opinions affecting District Court jurisdiction for circulation to judges, clerk-magistrates, and chief probation officers • Collaborated with committees on civil proceedings, criminal proceedings, and probation in creating and revising jury instructions, procedural rules, forms, and educational materials 2007 TO 2012 APPELLATE DIVISION OF THE DISTRICT COURT Boston, MA JUDICIAL CLERK&ASSISTANT CLERK EDUCATION 2002-2005 UNIVERSITY OF NORTH CAROLINA SCHOOL OF LAW Chapel Hill, NC Juris Doctor 1998-2002 PROVIDENCE COLLEGE Providence, RI Bachelor of Arts, Political Science AWARDS AND MEMBERSHIPS Recipient, 2018 Trial Court Employee Excellence Award (Appellate Division Clerk) Recipient, 2014 Trial Court Employee Excellence Award (Public Website Development Team) Member, Supreme Judicial Court Standing Advisory Committee on the Rules of Appellate Procedure PUBLICATIONS Appellate Divisions of the District Court and Boston Municipal Court, in J. Stanton, Appellate Procedure (4th ed. 2020) Tort Law—Sophisticated User Doctrine, 90 MASS. L. REV. 151 (2006) BAR ADMISSIONS Massachusetts, 2005 APPLICATION FOR BOARD OR COMMITTEE MEMBERSHIP Applicants are encouraged to also include a letter of interest or current resume along with their,submission o f this application. Board/Committee Name (one application per Committee): C10-7 A 0 Would you like your application kept on file for up to one year? Yes: No.- Full Name: LP irv).6 1 f,Z Nickname.- Preferred Title: Home Address: _4_ Aq2 City: zi �+ p: Length of Residence in Lexington(note.- ZBA requirement is a minimum of8.years).- c;�»)OYcin Occupation: c '' -'" j Work Address: City: Zip: Phone: Home: Cell: Email: Primary: Re c o"na airy: Special Training and/or Qualifications.- T I What is your interest in this Committee? rot Ck"�.�T-)K1\jtf How did you hear about the Committee? /r�T 21,e �jVC-i-y7VA� Have you recently attended any meetings of the Committee.) Yes: No: Have you confirmed your availability to attend the Committee's meetings? Yes: No: (For questions regarding the meeting schedule, please contact the Board/Committee via the Town website.) Do you currently serve on another Board/Committee? Yes: No: A 'I A M f) #:�,o & or,na no ana er-raNexin flonrna.gov Ern select1>eard@Dlexingtonma.gov 0 If Yes, please list Board/Committee Name(s): If Yes, please list date of most recent Conflict of Interest Law Training*: -dZ6 Signature: 444-'--A Date., *If currently serving on another BoardlConintittee,please attach a copy of your State Conflict of Interest Law Online Training Certificate, which can be obtainedfroin the Town Clerk's Office. Email:seledboard,,.(PNexi. tonmaxio%,or