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HomeMy WebLinkAbout2014-03-17 BOS Packet - Released SELECTMEN’S MEETING Monday, March 17, 2014 Selectmen Meeting Room 7:00 p.m. AGENDA 7:00 p.m. PUBLIC COMMENTS (10 min.) 7:10 p.m. SELECTMEN CONCERNS AND LIAISON REPORTS (5 min.) 7:15 p.m. TOWN MANAGER REPORT (5 min.) 7:20 p.m. ITEMS FOR INDIVIDUAL CONSIDERATION 1.Authorize Town Manager to Send RFP for Comcast Renewal Process (5 min.) 2.Planning Board Presentation on Zoning Articles for Annual Town Meeting (30 min.) 3.Update on Center Parking (15 min.) 4.Center Streetscape Presentation (1 hour) 5.Shade Street Traffic Calming/ 2014 Road Reconstruction Projects (15 min.) 6.Interim Report on School Enrollment Projections (15 min.) 7.Article Positions/Article Presenters (20 min.) 8.Revised Health Insurance Budget (10 min.) 9.Appointment/Resignation- Human Rights Committee/Arts Council (5 min.) 10.Approve and Sign Eagle Letters Congratulating Thomas Elliott, Ian Davis and David Whitman-Kinghorn (5 min.) 10:20 p.m. CONSENT AGENDA (5 min.) 1.One Day Liquor License – BBQ 2.Sign Battle Green Flag Certificate for Retiring Army Service 3.Approve Tax Bill Insert – Solarize Lexington 4.Minutes 5.Executive Session Minutes 10:25 p.m. EXECUTIVE SESSION (15 min.) 1.Exemption 3 – Collective Bargaining Discussion – Lexington Municipal Management Association 2.Exemption 2 – Preparation for Negotiations – Non Union Personnel 3.Exemption 3 – Pending Litigation Update: Sellars v Lexington et al 10:40 p.m. ADJOURN The next meeting of the Board of Selectmen is scheduled for Monday, March 24, 2014 at 6:00 p.m. in the Selectmen’s Meeting Room, 1625 Massachusetts Avenue. Hearing Assistance Devices Available on Request All agenda times and the order of items are approximate and subject to change. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 3/17/14 STAFF: Lynne Pease ITEM NUMBER: I.1 SUBJECT: Authorize Town Manager to Send RFP for Comcast Renewal Process EXECUTIVE SUMMARY: Dave Becker, Dave Buczkowski and Nick Lauriet, members of the Communications Advisory Committee and the Negotiating Subcommittee, will be at your meeting to request approval to have the Town Manager send a letter to Comcast Cable Communications to begin the formal renewal procedure. Attached is an email from Dave Becker explaining the process and the proposed letter for the Town Manager to send to Comcast. Because of its size, I have not included the proposed Comcast Renewal License, but I have it on file if you wish to see it. FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: Motion to authorize the Town Manager to sign and send a letter and the proposed Cable Television Renewal License to Jane Lyman, Senior Manager of Government and Community Relations. STAFF FOLLOW-UP: Selectmen’s Office Town of Lexington Town of Lexington Town Manager’s Office Town Manager’s Office Carl F. Valente,Carl F. Valente, Town Manager Town Manager Tel: (781) 698-4540 Tel: (781) 698-4540 Linda Crew Vine, Deputy Town Manager Linda Crew Vine, Deputy Town Manager Fax: (781-861-2921 Fax: (781-861-2921 March 17, 2014 March 17, 2014 By E-Mail and U.S. Mail By E-Mail and U.S. Mail Ms. Jane M. LymanMs. Jane M. Lyman Senior Manager of Government and Senior Manager of Government and Community Relations Community Relations Comcast Cable Communications, Inc. Comcast Cable Communications, Inc. 12 Tozer Road 12 Tozer Road Beverly, MA 01915 Beverly, MA 01915 RE:RE:Town of Lexington Renewal LicenseTown of Lexington Renewal License Dear Ms. Lyman: On behalf of the Board of Selectmen, statutory Issuing Authority for the Town of Lexington, MA (the “Town”), I have enclosed the Town of Lexington’s Cable Television Renewal License for Comcast. The Issuing Authority is transmitting this Renewal License to Comcast for response in accordance with the formal renewal procedures of the federal Cable Act, 47 U.S.C. Section 546(a)-(c). The Renewal License contains the material terms and conditions being proposed by the Issuing Authority. The Issuing Authority conducted a public ascertainment hearing in the Town on January 26, 2012. The purpose of the hearing was to provide members of the community the opportunity to voice their concerns and identify issues in connection with the future cable-related needs and interests of the Lexington community. Proper notice of the hearing was provided. Comcast should submit its response to the Renewal License to the Town no later than Thursday, May 1, 2014, by submitting one (1) original and five (5) copies, to the Selectmen's Office at the Lexington Town Hall. Comcast should also send one (1) copy of its response directlyto the Town's outside Cable Counsel, Peter J. Epstein, 101 Arch Street, Suite 900, Boston, MA 02110- 1112 by the same date referenced herein. Ms. Jane M. Lyman March 17, 2014 Page Two The four-month period, mandated by Section 626(c)(1) of the Cable Act, shall commence on May 1, 2014 and expire on August 31, 2014. The current Cable Television Renewal License expires on August 31, 2014. In the meantime, please let me know if you have any questions regarding the enclosed Renewal License. Very Truly Yours, Carl F. Valente Town Manager CAC/CFV cc: Board of Selectmen Communications Advisory Committee Peter J. Epstein, Esquire AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 3/17/14 STAFF: Lynne Pease ITEM NUMBER: I.2 SUBJECT: Planning Board Presentation on Zoning Articles for the Annual Town Meeting EXECUTIVE SUMMARY: Charles Hornig will be at your meeting to present the zoning articles (Articles 27-32) for the Annual Town Meeting. See attached Planning Board Reports. Tom Fenn will also be at the meeting to discuss a proposed amendment motion for Article 30 – Amend Zoning Bylaw – Medical Marijuana Treatment Centers. His information is attached. FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: STAFF FOLLOW-UP: Selectmen’s Office Town of Lexington P LANNING B OARD arles Hornig, Chair 1625 Massachusetts Avenue Ch Nancy Corcoran-Ronchetti, Vice Chair Lexington, MA 02420 Timothy Dunn, Clerk Tel (781) 862-0500 Ext. 84560 Richard L. Canale Facsimile (781) 861-2748 Gregory Zurlo planning@lexingtonma.gov REPORT TO THE 2014 ANNUAL TOWN MEETING ARTICLES 27-29 CITIZEN PETITIONS TO AMEND THE ZONING BYLAW MARCH 2014 The Planning Board Report to Town Meeting conveys the Planning Board’s positions on the articles. It contains details regarding the proposals that are intended to inform decision- making and to provide helpful knowledge to the public and all interested parties. Article Description Recommended Action Amend Zoning Bylaw – Allow for-profit educational uses APPROVE as 27 in the neighborhood business and residential districts modified 28Amend Zoning Bylaw – Allow for-profit educational uses APPROVE as in the neighborhood business district and remove size modified limitation Amend Zoning Bylaw – Allow for-profit educational uses Indefinitely Postpone 29 in the neighborhood business district THIS REPORT WAS ACCEPTED BY VOTE OF THE PLANNING BOARD ON MARCH 12, 2014. Planning Board Report on Articles 27-29 ARTICLE 27 Amend Zoning Bylaw – Allow for-profit educational uses in the neighborhood business and residential districts ARTICLE 28 Amend Zoning Bylaw – Allow for-profit educational uses in the neighborhood business district and remove size limitation ARTICLE 29 Amend Zoning Bylaw – Allow for-profit educational uses in the neighborhood business district BACKGROUND These three articles are citizen’s petitions from a single petitioner. They evolved over time with Article 29 being the first one submitted. When the petitioner realized the 1,500 square foot limitation on establishments in the neighborhood business (CN) district could not be amended within the scope of the original warrant article she submitted the two additional articles to accomplish her goal of allowing for-profit educational uses in more areas of town. The current bylaw limits them to commercial districts. The warrant articles were written broadly to allow a range of options which were narrowed down as the petitioner talked with residents. The original idea was to treat nonprofit and for- profit educational uses the same. To address concerns about the expansion of this use into residential districts, the petitioner is limiting her proposal to allow only for-profit educational uses for instruction in music and the arts with a size not to exceed 3,500 square feet per establishment by special permit in the RT District and the CN District. They would continue to be allowed by right in other commercial districts. The 1,500 square foot maximum size of service establishments in the CN District could be modified by a special permit. To accomplish this there will be; A motion under Article 27 to add “Instruction in Music or the Arts, not to exceed 3,500 square feet of floor space per establishment” to the Table of Uses and to allow such a use by special permit in the RT and CN districts, by right in the rest of the commercial districts, but not in the RO or RS districts. A motion under Article 28 to allow the development standard of 1,500 square feet for personal, business, or general service uses in the CN District to be modified by special permit. A motion to indefinitely postpone Article 29 as it was replaced by Article 27. RECOMMENDATION The Planning Board recommends that the motions under Articles 27, 28 and 29 be approved if they are as represented above. 1 Planning Board Report on Articles 27-29 PUBLIC HEARING A duly advertised public hearing was held on February 26, 2014 in the Selectmen’s Meeting Room. Approximately 20 people were in attendance. The petitioner presented her proposed articles which would allow “Instruction in Music or the Arts, not to exceed 3,500 square feet of floor space per establishment” by special permit in all residential districts. This generated considerable comment with residents suggesting that such a use should not be allowed in the single-family residential zones. Some said they could support the introduction of such a use in the RT two family district, which runs along Massachusetts Avenue in East Lexington. It was felt that this was a busy street that could support such an activity. In addition, the special permit requirement could address specific concerns by imposing conditions to mitigate any impacts, or even deny the use based on the particular circumstances. After the public hearing, the petitioner indicated that she would limit her proposal to allow for-profit educational uses for instruction in music and the arts only by special permit in the RT District and the CN District and with a size limitation of 3,500 square feet per establishment. After deliberation, the Planning Board voted 4-0 to recommend favorable action on Article 27 and 28 as modified and the indefinite postponement of Article 29. Ms. Ciccolo abstained from the vote. The recommendation was reconsidered on March 12 to allow the new member of the Planning Board to weigh in. After deliberation, the Planning Board voted 5-0 to recommend favorable action on Articles 27 and 28 and to indefinitely postpone Article 29. MOTIONS FOR ARTICLES 27-29 This is a citizen’s petition and the Planning Board is not responsible for the motion. The final motions were not available at the public hearing as they were modified to respond to concerns raised at the public hearing. The Planning Board supports the following proposed bylaw: RORSRTCNCRSCSCBCLOCROCM H. PERSONAL, BUSINESS, OR GENERAL SERVICE USES H.1.0 AS A PRINCIPAL USE H.1.014 School not exempt by statute NNNNYYYYYY H.1.014.1 Instruction in music or the arts, not to exceed 3,500 square feet of floor space per NNSPSPYYYYYY establishment … H.2.0 DEVELOPMENT STANDARDS FOR PERSONAL, BUSINESS, OR GENERAL SERVICE USES H.2.01 Services with more than 1,500 square YYYSPYYYYYY feet of floor space per establishment 2 Town of Lexington P LANNING B OARD Charles Hornig, Chair 1625 Massachusetts Avenue Nancy Corcoran-Ronchetti,Vice Chair Lexington, MA 02420 Timothy Dunn, Clerk Tel (781) 862-0500 Ext. 84561 Richard L. Canale Facsimile (781) 861-2748 Gregory Zurlo planning@lexingtonma.gov REPORT TO THE 2014 ANNUAL TOWN MEETING ARTICLES 30-32 AMEND THE ZONING BYLAW MARCH 2014 The Planning Board Report to Town Meeting conveys the Planning Board’s positions on the articles. It contains details regarding the proposals that are intended to inform decision-making and to provide helpful knowledge to the public and all interested parties. Recommended ArticleDescription ReportMotion Action Amend Zoning Bylaw – Medical Marijuana 30APPROVEp. 1 p. 5 Treatment Centers 31Amend Zoning Bylaw – Site Plan Review APPROVE p. 7 p. 8 Amend Zoning Bylaw – Technical 32APPROVEp. 9 p. 9 corrections THIS REPORT WAS ACCEPTED BY VOTE OF THE PLANNING BOARD ON MARCH 12, 2014. Planning Board Report on Articles 30-32 ARTICLE 30 Amend Zoning Bylaw – Medical Marijuana Treatment Centers RECOMMENDATION The Planning Board recommends that the motion under Article 30 be approved. BACKGROUND At the November 6, 2012 State election, the voters of the Commonwealth approved a law regulating the cultivation, distribution, possession and use of marijuana for medical purposes by patients with debilitating medical conditions through Medical Marijuana Treatment Centers (MMTCs), also known as Registered Marijuana Dispensaries (RMDs). Within the Town of Lexington, 65% of the voters who cast ballots on this question supported the law. The law, Chapter 369 of the Acts of 2012, became effective January 1, 2013, and required the Department of Public Health (DPH) to issue regulations governing its implementation. These regulations state that “\[t\]he Department \[of Public Health\] does not mandate any involvement by municipalities or local boards of health in the regulations of RMDs, qualifying patients with hardship cultivation registrations, or any other aspects of marijuana for medical use. However, nothing in 105 CMR 725.000 shall be construed so as to prohibit lawful local oversight and regulation, including fee requirements, that does not conflict or interfere with the operation of 105 CMR 725.000.” and that nothing in the regulations “\[r\]equires any accommodation of any on-site medical use of marijuana in any place of employment, school bus or on school grounds, in any youth center, in any correctional facility, or of smoking medical marijuana in any public place.” In brief the Department of Public Health regulations cover the following: There will be no more than 35 RMDs in the state and no more than 5 per county. Physicians who wish to prescribe medical marijuana to their patients must register with DPH. Physicians must have an established relationship with the patient to prescribe marijuana. Patients and personal caregivers must also register with DPH. Organizations looking to run an RMD must be non-profit, have a minimum of $500,000 under their control, and apply to run no more than three RMDs. RMDs must cultivate their own product, although this can be done at an alternate site under their control with all transportation to the actual dispensary handled by the organization under strict transportation regulations. Independent laboratory testing must be performed on the marijuana. Security requirements including alarm systems, security cameras with retained secured videos for a minimum of 25 hours, locked storage area, marked limited access areas, no plantings outside the facility where someone could hide, outside lighting, and written emergency procedures. Waste disposal procedures. 1 Planning Board Report on Articles 30-32 Logos and signs cannot include any reference to medical marijuana or any images of the product or symbols of associated paraphernalia and must conform to local sign ordinances. Siting of RMDs must conform to local requirements and cannot be within 500 feet of a school, daycare center or facility where children usually congregate unless local regulations establish a different standard. DPH can conduct unannounced inspections of the RMDs and any transport vehicles. A license is issued for the period of one year. DPH can grant permission for a patient with financial hardship or who does not have adequate access to an RMD to cultivate marijuana for personal use. (This is the only mechanism currently available to patients pending licensing and opening of RMDs.) The Attorney General has determined that municipalities may not enact a total ban on MMTCs. However, cities and towns may adopt zoning by-laws to regulate such dispensaries, so long as such by-laws do not conflict or interfere with the operation of the DPH regulations. At a special Town Meeting in June of 2013 the Town instituted a moratorium on the use of land or structures for an MMTC until no later than July 31, 2014. The temporary moratorium was intended to allow sufficient time for the Town to engage in a planning process and to adopt any bylaws and regulations the Town deemed necessary. Having received public input, the Planning Board is returning to Town Meeting to establish districts that will allow for MMTCs as well as for free-standing distribution centers. The Board of Health is considering local regulations which will further regulate these centers. The law provides that in the first year up to 35 permits for MMTCs could be issued with at least one center in each county and no more than five in any one county. Currently there are four locations in Middlesex County provisionally approved, none of which are in Lexington. There was an initial application for a Lexington site that did not progress to the second phase. The bylaw amendment would allow MMTCs incorporating any combination of cultivation, preparation and distribution in the CM District. This use fits with the production and manufacturing already allowed in the CM District. The CM District, which runs along Hartwell Avenue, is also near relatively few residential properties. Distribution only of medical marijuana related products would also be allowed by special permit in the CB and CRS Districts. This is motivated by the feeling that distribution fits with the other retail uses allowed in those districts, such as pharmacies; safety is enhanced at such facilities by providing “eyes on the street”; and it would allow access for patients who use public transportation. The CB District covers Lexington Center. CRS districts are located at Lowell Street and Woburn Street, along Massachusetts Avenue in East Lexington, at Worthen Road and Bedford Street and on Waltham Street at the Waltham line. 2 Planning Board Report on Articles 30-32 The proposed amendment leaves local MMTCs subject to the DPH-defined 500’ buffer around “facilities in which children commonly congregate”. The DPH interprets “facility in which children commonly congregate” as follows: Such a facility includes dance schools, gymnastic schools, etc. if children commonly congregate there in a structured, scheduled manner. It includes facilities where services or programs targeting children or youth take place. It includes a private home housing a family day care center, but not a private home where children happen to live. It includes a city or town park if the park includes play structures intended for children to use. It does not include other facilities, such as ice cream shops, where children may happen to congregate, but not in a structure, scheduled manner. (DPH’s “Guidance for Municipalities Regarding the Medical Use of Marijuana,” updated 12/13/13) Should the Town wish to impose different buffers, this should be done through carefully crafted Board of Health regulations, rather than through the zoning bylaw. If the Town does nothing, the moratorium on the location of an MMTC will expire on July 31, 2014 and the use will be governed by current zoning and the state regulations. This would allow growing, production and processing in the CM District as a light manufacturing use permitted under line N.1.01 of the Zoning Bylaw and allow distribution as a medical clinic in the CRS, CB, CLO, CRO and CM Districts as permitted under line H.1.13 of the Zoning Bylaw. The DPH-defined 500’ buffer would apply unless modified by other local action. PUBLIC INPUT Public Information Meeting September 11, 2013: The Planning Board put forward a draft proposal for discussion as follows: Allow all three phases (cultivation, preparation and distribution) in the CM District Allow distribution in the CB and CRS Districts No additional buffer in zoning although one could be established by the Board of Health or Board of Selectmen. Audience Comments (responses in italics): Could all three elements be split between Towns? Yes, but all three elements must be permitted within each municipality. This use should be allowed anywhere a pharmacy would be permitted; there were more dangerous elements out there than this. The CB district should be excluded, based on the State’s buffering regulations. Each municipality could provide its own regulations or use the State’s. The evolution of zoning and licensing for operational details should be kept as open as practical and the Planning Board should recommend the location based on the operational details. The School Committee has not met regarding this proposal; what would be the timeline? This would be going forward at the Spring Town Meeting. 3 Planning Board Report on Articles 30-32 Why couldn’t the Town ban this use?Other Towns have tried to ban the use, which was vetoed by the Attorney General’s Office.The State would decide which municipality would get the license and there would be no local opt out allowed. Manny Ferro, Captain of Operations for the Lexington Police Department, reached out to other police departments in the west and mid-west states that currently allowed this use and said there were lots of issues with assaults, vandalism and rips offs. Given that there have been rip offs locally for $20 with pizza delivery what would happen with a $4,000 delivery of marijuana? The Police Department recommended only allowing the use in the manufacturing zone (CM Zone), which would be better equipped for security and monitoring as opposed to the busy Lexington Center. Restricting the use to a CM Zone would not be good for distribution since accessibility would be restrictive for those who might need to get to the dispensary through public transportation. How would eligibility to allow home grown product be determined? It would be based on financial hardship and would be determined by the State whether or not to allow product to be home grown. Agreed with the Police Captain about restricting this use to the CM district at first to see how it worked out. If an expansion to other locations was to be considered the Town could revisit the matter at a later time. The dispensary should be in a more accessible location like the CB District. Board Comments: Was there an unsafe condition presently with pharmacies and liquor stores that exist? Captain Ferro said there was an existing problem now and the addition of this use could increase the potential for more trouble and the Board should take a conservative approach to start and expand down the road if need be. This should be permitted in the CM District, but there were differences of opinion for permitting this use to be allowed in the CRS or CB District. This should be placed where liquor stores and pharmacies were permitted. The heavily targeted audience would be people that have debilitating diseases and disabilities and require accessibility by public transportation and there was no real service on Hartwell Avenue for access to a dispensary. What would happen with State buffers if the Town permitted the use in retail locations? The Town would waive the State buffer regulations. Was there any information about marijuana and alcohol use in the underage category? There was a youth risk behavior survey that would be made available to the Board. Public Hearing: A duly advertised public hearing was held on February 26, 2014 in the Selectmen’s Meeting Room in the Town Office Building. There were twelve people in the audience, four of whom spoke on the issue. Some advocated for making the possible locations as accessible as possible while others had concerns about having a distribution center in the CB and CRS Districts. The Board members discussed the need to make an MMTC accessible to users while trying to avoid any possible negative secondary effects. There was concern about the possibility that allowing an MMTC in the Center would result in medical marijuana being smoked on 4 Planning Board Report on Articles 30-32 benches in the Center and whether or not this could be addressed by Board of Health regulations. After deliberation, the Planning Board voted 4-1 (Ms. Ciccolo in opposition) to recommend favorable action on Article 30. The recommendation was reconsidered on March 12 to allow the new member of the Planning Board to weigh in. There was discussion of a proposed amendment by Mr. Fenn and further comments by the Police Chief and members of the public. The recommended motion, which was changed from the one previously voted on, would leave the DPH-defined 500’ buffer in effect unless and until further local action is taken and would require a special permit for distribution centers in the CB and CRS districts. After deliberation, the Planning Board voted 5-0 to recommend favorable action on Article 30. MOTION FOR ARTICLE 30 That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended, effective July 31, 2014, as follows: 1)Delete §135-6.10: “Medical Marijuana Treatment Centers" that imposed a moratorium through July 31, 2014 on the use of land and structures for a Medical Marijuana Treatment Center. 2)Insert in Definitions after “Medical, dental, or psychiatric offices” the following definition: Medical Marijuana Distribution Center: An establishment that has been certified by the State Department of Public Health as part of a Medical Marijuana Treatment Center that sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers but does not cultivate or prepare the marijuana on site. 3) Replace the existing definition of a medical marijuana treatment center so that it reads as follows: Medical Marijuana Treatment Center (MMTC): A not-for-profit establishment, registered as a Registered Marijuana Dispensary (RMD) in accordance with Massachusetts law, that acquires, cultivates, possesses, processes \[including development of related products such as edible marijuana infused products (MIPs), tinctures, aerosols, oils, or ointments\], transfers, transports, sells, distributes, dispenses, or administers marijuana products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers. 5 Planning Board Report on Articles 30-32 4) Insert in Part I of Table 1 “Permitted Uses and Development Standards,” after line I.1.012, a new line I.1.013 so that the amended section of Table 1 will now appear as follows: RORSRTCNCRSCSCBCLOCROCM F. SALES OR RENTAL OF GOODS AND EQUIPMENT I.1.0 AS PRINCIPAL USE … I.1.013 Medical Marijuana NNN N SP N SP N N Y Distribution Center 5) Insert in Part N of Table 1 “Permitted Uses and Development Standards,” after line N.1.02, a new line N.1.03 so that the amended section of Table 1 will now appear as follows: RORSRTCNCRSCSCB CLO CROCM F. MANUFACTURING USES N.1.0 AS PRINCIPAL USE … N.1.03 Medical Marijuana NN NN N N NN N Y Treatment Center 6 Planning Board Report on Articles 30-32 ARTICLE 31 Amend Zoning Bylaw – Site Plan Review RECOMMENDATION The Planning Board recommends that the motion under Article 31 be approved. BACKGROUND These articles are part of a continuing effort to encourage economic development in the Town and reverse the controls adopted by the Town in the 1980’s that had the practical effect of freezing commercial development. The 2002 Comprehensive Plan pointed out that “the real limitation \[on business growth\] results from rules that Town has chosen for controlling 1 such development, not from basic limitations inherent in location or the land…”At that time the Plan expressed satisfaction with the status quo regarding commercial development, but the changing share of the taxes borne by residents has led to a re-evaluation of that vision for Lexington. In 2006, the Vision 2020 Steering Committee and the Board of Selectmen established the Economic Development Task Force (EDTF) and charged it with investigating and promoting discussion of the issues surrounding economic development. The EDTF’s final report, issued in August 2008, recommended zoning changes that would encourage higher value developments, make commercial development approvals predictable and equitable, and 2 develop traffic management strategies encouraging alternative modes of transportation. In 2009 Town Meeting passed a series of zoning amendments focused on the Hartwell Avenue commercial district, including the removal of the requirement for a special permit with site plan review, replacing it with site plan review. Article 31 seeks to allow development in the other commercial districts in Town to utilize site plan review without having to obtain a special permit unless another special permit is triggered. Site plan review differs from a special permit in several ways that encourage desirable commercial development by providing more certainty and expediting review: Site plan review Special permit GrantingMajor: Planning Board (majority) Board of Appeals or Planning Board Minor: Planning Director (2/3 vote) Authority Criteria Specific criteria in Planning Board General criteria in Zoning Bylaw regulations Time60 days from application to final 65 days from application to hearing decisionunlimited time for hearing Limit 90 days from hearing to final decision Denial only in exceptional cases where DenialDenial at reasonable discretion of goal of bylaw cannot be met through granting authority conditions or changes 1 The Lexington We Want, March 2002, p.65. 2 Lexington Vision 2020, Economic Development Task Force, Final Report, August 2008, p. 9 7 Planning Board Report on Articles 30-32 Should a development also require one or more special permits, the Planning Board would become the special permit granting authority for them, as provided for in §135-9.4.1 of the Zoning Bylaw. The proposed change does not affect residential developments (no special permit requirement), development in the CM District (already subject to site plan review), development in RD and CD districts (subject to separate provisions of the Bylaw), or developments which require review of traffic impacts under §135-5.5. PUBLIC HEARING A duly advertised public hearing was held on February 26, 2014 in the Selectmen’s Meeting Room in the Town Office Building. There were eight people in the audience, two of whom spoke on the issue. One wanted to know the trigger for a major or minor site plan review. Another felt that site plan review did not provide adequate protection as it could only be denied in the most extreme circumstances. Board members felt that the site plan review process with it ability to impose conditions was adequate and it was an important tool in increasing certainty in the development process. After deliberation, the Board voted to recommend the adoption of Article 31 to Town Meeting. The recommendation was reconsidered on March 12 to allow the new member of the Planning Board to weigh in. After deliberation, the Planning Board voted 5-0 to recommend favorable action on Article 31. MOTION FOR ARTICLE 31 That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended as follows: In Part F of Table 1 “Permitted Uses and Development Standards,”, Line F.1.02 delete “SP” and replace with “R” under the columns for RO, RS, RT, CN, CRS, CS, CB,CLO and CRO Districts, so that the amended section of Table 1 will now appear as follows: RORSRTCNCRSCSCB CLO CROCM F. DEVELOPMENT STANDARDS – THE FOLLOWING DEVELOPMENT STANDARDS APPLY TO ALL USES IN SECTION G TO P, INCLUSIVE, OF THIS TABLE IN ADDITION TO ANY STANDARDS SET FORTH THEREIN … F.1.02 Uses and structures with 10,000 or more square feet of gross floor area including the area of any RR RR R R RR R R existing structure, but not including any floor area devoted to off-street parking, on a lot 8 Planning Board Report on Articles 30-32 Article 32 Amend Zoning Bylaw- Technical Corrections RECOMMENDATION The Planning Board recommends that the motion under Article 32 be approved. Background This article makes corrections to the Zoning Bylaw that are not substantive. The changes are proposed in hopes of making the bylaw clearer and more understandable. For instance the current bylaw has a category of accessory apartment called “by-right accessory apartment” yet in some instances it requires a special permit. By changing the name of the category to “basic accessory apartment” it removes this seeming contradiction without changing any of the rules about what and where such apartments are allowed. Typos and mis-alphabetizations are also corrected. The table that follows shows the proposed changes and gives a brief comment as to why the change is proposed. PUBLIC HEARING A duly advertised public hearing was held on February 26, 2014 in the Selectmen’s Meeting Room in the Town Office Building. No members of the public spoke. After deliberation, the Board voted to recommend the adoption of Article 32 to Town Meeting. The recommendation was reconsidered on March 12 to allow the new member of the Planning Board to weigh in. After deliberation, the Planning Board voted 5-0 to recommend favorable action on Article 32. MOTION FOR ARTICLE 32 That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended as follows: 9 SPSPSPSP CMSP CMSP CMNCMN SPSPSP CRO SPSPSP CRO CRONCRON SP CLOSPSP SPSPSP CLO CLON CLON SPSP CBSP CB SPSPSP CB N CB N CSSPSPSP SPSPSP CS CSN CS N SP CRSSPSP CRSSPSPSP CRSN CRS N CNNNSP NNSP CN CN N CNN RTNNSP RTNNSP permit accessory apartments and accessory structure tment. The text of the bylaw refers to 3 categories of RTY RT Y YSP RS SP RS YSPSP RSRS YY using to have a special permit for different categories of YSP ROSP SPSP ROY RORO YY istent between the text and the table so we are proposing to lead with the 10 A.2.01 Not more than 3 rooming units A.2.01 Rooming units (not to exceed 3) A.2.02 Accessory apartment, by-right A.2.03 Accessory apartment, special permit A.2.04 Accessory apartment, accessory structureA.2.02 Basic accessory apartment A.2.03 Expanded accessory apartment A.2.04 Accessory structure apartment Clarity It is confusing to require a special permit for what is called a by-right accessory apartment so the name is being changed to basic accessory apartment. It is also confapartments, only one of which is called a special permit aparaccessory apartment – by-right accessory apartments, specialapartments. The categories should be consdescriptive phrase, rather than putting it after a comma. ExistingProposedComments ExistingProposedComments Planning Board Report on Articles 30-32 Reference §135-3.4 Table 1 line A.2.01 (page 7) §135-3.4 Table 1 lines A.2.02 to A.2.04 (page 7) Planning Board Report on Articles 30-32 dinate in size to the principal dwelling unit dinate in size to the principal dwelling unit rendering as measured by their color-rendering index rendering as measured by their color rendering index ts and accessory structure apartments, which may be isting accessory structure. The apartment is constructed so isting accessory structure. The apartment is constructed so titutional use, however “the Commonwealth and the U.S. of a one-family dwelling and any existing accessory of a one-family dwelling and any existing accessory which may be allowed by a special permit. quare feet of usable open space for each resident. 11 150 square feet of open space for each resident. and Development Standards under the heading “B. INSTITUTIONAL USES” . An accessory apartment is a second dwelling unit subor. An accessory apartment is a second dwelling unit subor Lamp types shall be selected for optimum color Lamp types shall be selected for optimum color In Table 1 Permitted Uses 5.4.5 Lamps.(CRI), as listed by manufacturer. 5.4.5 Lamps.(CRI), as listed by manufacturer. Remove hyphen as in the industry it is without a hyphen. Consistency The “useable” was removed as a technical correction by Article 47 of the 2009 ATM because the requirement for 6.7.2. Generalon a lot, located in either the principal dwelling or an exas to maintain the appearance and essential characterstructures. Three categories of accessory apartments are permitted: by-right accessory apartments, which are permitted as of right, and special permit accessory apartmenallowed by a special permit. 6.7.2. Generalon a lot, located in either the principal dwelling or an exas to maintain the appearance and essential characterstructures. Three categories of accessory apartments are permitted: basic accessory apartments, which are permitted as of right in certain residential districts and by special permit in other districts, and expanded accessory apartments and accessory structure apartments, It is confusing to require a special permit for what is called a by-right accessory apartment so the name is being Public and institutional buildings, maximum height: Institutional buildings, maximum height: “Municipal buildings or uses” is listed as a principal insgovernment” is not listed, probably because they are exempt from municipal regulation. Municipal is the Town of Lexington, Consistency. 6.6.5.5 There shall be provided at least 150 s6.6.5.5 There shall be provided at leastusable open space was removed by Article 49 of the 2008 ATM; somehow it made it back into the document when reorganized and should be removed. ExistingProposedComments ExistingProposedComments ExistingProposedComments ExistingProposedComments §135-4.4 Table 2 (page 23) §135-5.4.5 (page 44) §135-6.6.5.5 (page 61) §135-6.7.2 (page 62) been in legal existence for tment, except for minimal apartment, except for Planning Board Report on Articles 30-32 tment that does not include all accessory health codes, or for enclosure of an entryway, safety or health codes, or for enclosure of an tment shall not exceed 40% of the gross floor area apartment shall not exceed 40% of the gross floor t shall be permitted if the requirements set forth in for a basic accessory apar a special permit so the name is being changed to ll be located in the principal structure. accessory apartment must have cation for a by-right accessorycessory apartment must have been in legal existence for a be located in the principal structure. to have a category called special permit accessory apartment of structure used for parking. The SPGA may grant a special permit for a special permit accessory 12 The SPGA may grant a special permit for an expanded accessory . A by-right accessory apartment shall be permitted if the requirements set . A basic accessory apartmen egory called special permit accessory apar nd the following criteria are met: … area of the swelling, excluding areas of the swelling, excluding areas of structure used for parking. minimum of five years at the time of application additions necessary to comply with building, safety oror for enclosure of a stairway to a second or third story. a minimum of five years at the time of appliminimal additions necessary to comply with building, entryway, or for enclosure of a stairway to a second or third story. 2. The gross floor area of the special permit accessory3. The special permit accessory apartment sha2. The gross floor area of the expanded accessory apar3. The expanded accessory apartment shall 5. The entire structure containing the by-right 5. The entire structure containing the basic ac changed to basic accessory apartment. It is confusing It is confusing to require a special permit for what is called a by-right accessory apartment so the name is being changed to basic accessory apartment., also correcting grammar. 6.7.7 Special Permit Accessory Apartment.apartment, subject to the following: … 6.7.7 Expanded Accessory Apartment.apartment, subject to the following: … It is confusing to have a cat that does not include all accessory apartments that requireexpanded accessory apartment. 6.7.6 By-Right Accessory Apartmentforth in §6.7.3 is satisfied a6.7.6 Basic Accessory Apartment§6.7.3 are satisfied and the following criteria are met: … apartment that require a special permit so the category is being renamed. ExistingProposedComments ExistingProposedComments §135-6.7.6 (page 63) §135-6.7.7 (pages 63-64) Planning Board Report on Articles 30-32 ry Apartments, as described in §6.7.7 enclose equipment used in connection with configurations of lots allowing Accessory Apartments, as described in ses a lot to be rendered nonconforming… of determining density by minimum lot size… of determining density by minimum lot area… Development Plans. After to the grant of a special permit… Development Plans. After the grant of a special permit… lopment of a parcel with configurations of lots allowing opment through reduction in minimum lot size… opment through reduction in minimum lot area… is a definition of lot area but not lot size. Consistency 13 A structure designed principally to A structure designed principally to enclose equipment used in connection within a site sensitive development… If government acquisition of land cau The SPGA may authorize Special Permit The SPGA may authorize Expanded Accesso ithin a site sensitive development… If a public acquisition of land causes a lot to be rendered nonconforming… flexibility and creativity in residential devel6.9.3.2 A balanced housing development (BHD)…Insteadflexibility and creativity in residential devel6.9.3.2 A balanced housing development (BHD)…InsteadThe term lot area is used in Table 2. There 6.9.16 Accessory Apartments.§6.7.7 of this Bylaw, to be created 6.9.16 Accessory Apartments.of this Bylaw, to be created wChanged to reflect the new term used in §6.7. Correction of typo, remove “to” 8.5.2 Public Acquisition.8.5.2 Government Acquisition.clarity Communications equipment Shelter:with wireless communication transmission and/or reception. Communication equipment shelter:with wireless communication transmission and/or reception. Correct the capitalization and inconsistent spelling 6.9.3.1 A site sensitive development (SSD) is the development of a parcel 6.9.3.1 A site sensitive development (SSD) is the deveRevision of Special Permit and Changes of Use or Site Revision of Special Permit and Changes of Use or Site ExistingProposedComments ExistingProposedComments ExistingProposedComments ExistingProposedComments ExistingProposedComments §135-6.9.3 (page 67) §135-6.9.16 (page 71) §135-7.3.5.8 (page 80) §135-8.5.2 (page 82) §135-10. Definitions(page 95) Planning Board Report on Articles 30-32 fenders, bumper and similar components of fenders, bumper and similar components of ference is useless. User should refer to section 7.1 and the re-alphabetized to follow “Billboard” (page 94); Table 1, common”; should be under “common open space” and re- 14 … …… is out of order in the definitions. Repairs to motor vehicle bodies, including : Repairs to motor vehicle bodies, including … : See “base flood” … … … … … … … … … Crawl space: Color rendering index (CRS): Cutoff angle: Co-location:Color rendering index (CRS): Commercial district:“Color rendering index (CRI)” Motel:Motor vehicle body work:motor vehicle bodies, but not the storage of vehicle for the cannibalization of parts Billboard:Body work, motor vehiclemotor vehicle bodies, but not the storage of vehicle for the cannibalization of parts Should be listed as “Body work, motor vehicle” and One-hundred-year flood:Open space, common:Commercial vehicle:Common open space: Communications equipment shelter: Common open space is listed under “open space, One-hundred-year floodBase flood is not used or defined in the Bylaw so the re L.1.04 and L.1.05 use “body work”, not motor vehicle body work alphabetized in the definitions DeleteFEMA maps ExistingProposedComments ExistingProposedComments ExistingProposedComments ExistingProposedComments §135-10. Definitions(page 95) §135-10. Definitions(page 101) §135-10. Definitions(page 101) §135-10. Definitions(page 101) Planning Board Report on Articles 30-32 76 time “public” appears in the Bylaw, and husetts, United States Government or an agency 15 is used in this sense twice in the over traffic hours, although used in Bylaw) see “peak period” The period in which the highest traffic counts occur, usually the two hours between 7:00 a.m. and The Town of Lexington, Commonwealth of Massac Peak period:9:00 a.m. and between 4:00 p.m. and 6:00 p.m. Based on peak hour definition. Clarity Peak traffic hours:Inserted for clarity Public:thereof.When used in the Bylaw “public” (There is no definition of peak period, although used in Bylaw.) (There is no definition of peak Inset after Peak period: Deletethose two instances can be clarified by other means ExistingProposedComments ExistingProposedComments ExistingProposedComments §135-10. Definitions(page 101) §135-10. Definitions(page 101) §135-10. 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Project Green scape & Battle Green Project MA Meeting Battle 2014 & Update 17, Lexington Town Center Street Selectmen of March Lexington, Project Streetscape Board Center Town Study Parking scape & Battle Green Project on Meetings workshop) Nygaard public Manger Battlegreen) Nelson /ƚƒƒźƷƷĻĻƭ Lighting (debrief(on with Town Meeting with Workshop Forum Lexington Town Center Street Meeting CommitteeCommittee CommitteeCommitteeCommitteeCommitteeCommitteeCommittee Owners meeting Committee Committee Meeting GreenGreen Committee BOS TransportationCenterStreetscapeStreetscapeStreetscapePublicStreetscapeStreetscapeADABattleCoordinationBattleTourismPropertyStreetscapePre Coordination 5ğƷĻ 6/24/20138/8/20139/30/20139/10/201311/25/201312/5/201312/19/20131/9/20141/9/20141/18/20142/14/20142/20/20142/28/20143/12/20143/12/20143/11/2014 Project trees...etc) scape & Battle Green Project areas, Outline Vehicles & Green gathering Lexington Town Center Street Bicycles Improvements Improvements (seating, Treatment Concept Safety Presentation Center/Battle Pedestrians,OverallWalkwayAmenitiesLighting ••••• TrafficStreetscape –– Town • Ʒ { Ɠ Ʃ ǒ Ĭ ƚ ‘ scape & Battle Green Project Iğƌƌ ƚǞƓ ‘ğǤ9ķźƭƚƓ Lexington Town Center Street {Ʒ‘ğƌƷŷğƒ Plan aĻƒƚƩźğƌ \[źĬƩğƩǤ /ğƩǤ Overall scape & Battle Green Project Lexington Town Center Street scape & Battle Green Project Lexington Town Center Street scape & Battle Green Project Lexington Town Center Street Ʒ { Ɠ Ʃ ǒ Ĭ ƚ ‘ center Battle through of town to walk center treatments to entry influence town scape & Battle Green Project Iğƌƌ ƚǞƓ visitors streetscape Historic through center EncouragetownExtendGreenUnified Gateways/Clear •••• ‘ğǤ9ķźƭƚƓ Lexington Town Center Street {Ʒ‘ğƌƷŷğƒ Plan aĻƒƚƩźğƌ \[źĬƩğƩǤ /ğƩǤ Overall treatment Iğƌƌ ƚǞƓ views seating in crosswalk scape & Battle Green Project VarietySpecialPerspective ••• Lexington Town Center Street Gateway Area/ Street CommercialWaltham Hall median Town paver at Court areas uniformity granite Wallis grade scape & Battle Green Project SidewalkAtGatheringand ••• Hall Lexington Town Center Street Area/Town Civic warning configuration pavement crossing out BumpShortendistanceConcreteLightingDetectable ••••• scape & Battle Green Project crosswalks at Lexington Town Center Street Safety Wall Seat Garden RainStone •• scape & Battle Green Project Pharmacy Lexington Town Center Street CVS Interpretation Alley Grain scape & Battle Green Project with Area/Historic GatheringCoordinate Alley •• Lexington Town Center Street Grain bed plant and wall crosswalk to Gateway scape & Battle Green Project Street tables pedestrians Gateway WalthamDirectOutdoor ••• Street Lexington Town Center Street Waltham grouping removal BenchExposedaggregate/brickSnow ••• scape & Battle Green Project Building Lexington Town Center Street Salter Mass Ave. scape & Battle Green Project Woburn Ave. Lexington Town Center Street Area stone Stop Bus bollards, at crosswalk Accommodations Point/Gathering SpecialtreatmentFocalGranitewallHistoryBicycleSeating •••••• scape & Battle Green Project Lexington Town Center Street median grade Atpaver • scape & Battle Green Project Lexington Town Center Street and photo Belfry to crosswalk Center refuge/ ShortenConnectVisitorIslandtaking ••• area . e v A s t d t R n e o t g n s i r r a u H h c a off s scape & Battle Green Project s a M point drop Gathering/interpretiveBusFocal ••• Lexington Town Center Street entrance relocated Ground entrance Burying Olde GatewayDriveway Ye ••• bed GatewaySpecialcrosswalktreatmentPlant ••• scape & Battle Green Project Lexington Town Center Street scape & Battle Green Project ) th 18 Design Steps (March Lexington Town Center Street Next Preliminary Meeting Public nd 2Complete •• TusffuGspnUpUSFBUNFOU Njovuf!nbo!UsbjmGmfudifs!Xpcvso Sfcvjme Njovuf!nbo!UsbjmBsmjohupo!Upxo!MjofGpuumfs Njmm!boe!Pwfsmbz Ejbnpoe!SpvoebcpvuSbejvt211( Sfcvjme CfegpseXpsuifoNjovufnbo!UsbjmNjmm!boe!Pwfsmbz CfsuxfmmOpsui!IbodpdlXjmmjbntNjmm!boe!Pwfsmbz IbnjmupoMfehfmbxoOpsui!IbodpdlNjmm!boe!Pwfsmbz MfehfmbxoCfegpseSfwfsf Njmm!boe!Pwfsmbz MjcfsuzMfehfmbxoIbnjmupoNjmm!boe!Pwfsmbz NboojohCfegpseNjmlSfdmbjn Nbtt!BwfSpvuf!239Ipufm!EsjwfNjmm!boe!Pwfsmbz QsftupoTjnpoetCvsmjohupoNjmm!boe!Pwfsmbz TijsmfzCfegpseHsffmfz!WjmmbhfSfdmbjn TjnpoetCfegpseCvsmjohupoNjmm!boe!Pwfsmbz UfxltcvszCfegpseHsffmfz!Wjmmbhf Sfdmbjn XznboXjmmjbnt!Xjmmjbnt!Njmm!boe!Pwfsmbz IbsejohXjmmjbnt!311(!qbtu!TjnpoetNjmm!boe!Pwfsmbz FbupoCfsuxfmmCmblfSfdmbjn CpvmefsCmblfFoeSfdmbjn HmfbtpoXjmmjbnt!TjbnpoetNjmm!boe!Pwfsmbz R O HIT E INELN N W D R R N A F LER W E T S ICKRD DR OWTSE LI OW RY ST WKSBU TE IHC D R YA ANG ALPINE ST R R AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 3/17/14 STAFF: Lynne Pease ITEM NUMBER: I.6 SUBJECT: Interim Report on School Enrollment Projections EXECUTIVE SUMMARY: Joe will give a subset of the attached presentation on the Interim Report of the Ad Hoc Enrollment Working Group. FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: STAFF FOLLOW-UP: Selectmen’s Office 1 11March2014 http://joepato.com/video/20140311-lpsenrollment.mp4 http://joepato.com/video/20140311-lpsenrollment.wmv RecordingsofthePresentationtotheSchoolCommittee: EnrollmentWorkingGroup InterimReportoftheAdHoc 2 forcurrentLPSusepatterns ChallengesFacingLexington Needtogainconfidenceforeducationalandresourceplanning •Enrollmentsareapproachingcapacitylimits•Recurrentenrollmentforecastsurprise 3 PresentationObjectives Outlinetheenrollmentworkinggroup’s(EWG)charter ••Provideoverviewofenrollmentsandcurrentmethods•Sharefindingsregardingenrollmentincreases•Providepreliminaryguidanceonenrollmentforecasting 4 MarkAndersen,RuthQuinn-Berdell,RodCole,TimDunn,DanKrupka,JoePatoBusinessForecasting,DataPrivacy,DataAnalysis,Demographics,SchoolEnrollment,Planning,MunicipalGovernance •Membership:•Skills: assisttheschoolleadershipinenrollmentforecasting EnrollmentWorkingGroup(EWG)History December2013:•AdHocEnrollmentWorkingGroupisformedto 5 outsideconsultantproposalsenrollmentandforecasting •TheEWGreviewsandrecommendsagainst•Groupagreestoundertakeitsownstudyof EnrollmentWorkingGroup(EWG)History January2014: 6 PresentationObjectives Provideoverviewofenrollmentsandcurrentmethods •Outlinetheenrollmentworkinggroup’s(EWG)charter••Sharefindingsregardingenrollmentincreases•Providepreliminaryguidanceonenrollmentforecasting 7 4000032000240001600080000 3102 0102 5002 0002 5991 Population 0991 5891 0891 5791 0791 5691 LPSEnrollment 0691 Lexington,1950–2013 5591 0591 EnrollmentandPopulationTrends 0 8000600040002000 10000 Enrollmentshavegreatervariationthanpopulation 8 3102 0102 5002 2middle2middle 6elementary6elementary 1highschool1highschool 0002 5991 0991 5891 2middle 4schoolsclosein4years 5elementary 1highschool 0891 Enrollmentdrops410inoneyear 5791 0791 LPSEnrollment 5691 0691 3middle 5591 1highschool 11elementary 0591 0 8000600040002000 EnrollmentChangeDrivesResourceUse 10000 9 Growth Accelerating 3102 2102 1102 0102 9002 8002 7002 6002 5002 4002 CenturyEnrollmentIsClimbing TotalLPSEnrollment 3002 st 21 Sharpandunexpectedgrowthstartedin2010 6800660064006200600058005600 10 7300?6900?6500?6100? •••• 8102 3102 2102 1102 0102 9002 8002 7002 6002 Enrollmentsareuncertain 5002 4002 3002 WhereWillEnrollmentBein5Years? 760072006800640060005600 11 GRAD … G1 xP5 K … Age2 xP2 CohortSurvivalModel Age1 xP1 •#of2-year-oldsnextyear=P2x#1-year-oldsnow•P2=1.05predictsa5%increasein2-year-oldsbynextyear Lexingtonhasusedthis“CohortSurvivalModel” Birth •Modelusednationallyformaturecommunities•Babiesarebornandprogressforwardyearbyyear •Studentsalsoarriveandleave 12 3102 2102 1102 0102 9002 8002 7002 6002 5002 4002 3002 2002 1002 LexingtonBirths 0002 9991 8991 7991 6991 5991 0 DecliningBirthRateSuggestsFewerStudents 50 350300250200150100 13 Why? Actual ProjectedNov2006 20032005200720092011201320152017201920212023 34003200300028002600240022002000 ElementarySchoolProjections CurrentModelHasStoppedWorkinginLexington 14 ProjectedJan2010 Why? Actual ProjectedNov2006 2003200520072009201120132015201720192021202320032005200720092011201320152017201920212023 3400340032003200300030002800280026002600240024002200220020002000 ElementarySchoolProjections CurrentModelHasStoppedWorkinginLexington 15 ProjectedJan2011ProjectedJan2010 Why? Actual ProjectedNov2006 200320052007200920112013201520172019202120232003200520072009201120132015201720192021202320032005200720092011201320152017201920212023 340034003400320032003200300030003000280028002800260026002600240024002400220022002200200020002000 ElementarySchoolProjections CurrentModelHasStoppedWorkinginLexington 16 ProjectedNov2013 ProjectedJan2011ProjectedJan2010 Why? Actual ProjectedNov2006 20032005200720092011201320152017201920212023200320052007200920112013201520172019202120232003200520072009201120132015201720192021202320032005200720092011201320152017201920212023 34003400340034003200320032003200300030003000300028002800280028002600260026002600240024002400240022002200220022002000200020002000 ElementarySchoolProjections CurrentModelHasStoppedWorkinginLexington 17 ProjectedNov2013 Approximatecapacitycurrentuse ProjectedJan2011ProjectedJan2010 Why? Actual ProjectedNov2006 20032005200720092011201320152017201920212023200320052007200920112013201520172019202120232003200520072009201120132015201720192021202320032005200720092011201320152017201920212023 34003400340034003200320032003200300030003000300028002800280028002600260026002600240024002400240022002200220022002000200020002000 ElementarySchoolProjections CurrentModelHasStoppedWorkinginLexington 18 3102 2102 1102 0102 9002 8002 3102 7002 6002 0102 5002 Kenroll 4002 3002 2002 Births 1002 5002 0002 9991 8991 7991 6991 In-MigrationisDominatingBirths LexingtonBirths&KEnrollment5-yearslater 0002 5991 500450400350300250200150 19 3102 2102 1102 0102 9002 8002 7002 6002 5002 4002 3002 2002 EnrolledKindergartners 1002 0002 LexingtonBirthsasPercentageof 0.0% 90.0%80.0%70.0%60.0%50.0%40.0%30.0%20.0%10.0% 20 LeavingnotG12 EnteringnotK 2004200520062007200820092010201120122013 NetIn-MigrationisSignificantinAllGrades 600550500450400350300250200 21 "Excess"NetIn-Migration 2004200520062007200820092010201120122013 0 50 300250200150100 NetIn-MigrationisSignificantinAllGrades 22 PresentationObjectives Sharefindingsregardingenrollmentincreases •Outlinetheenrollmentworkinggroup’s(EWG)charter•Provideoverviewofenrollmentsandcurrentmethods••Providepreliminaryguidanceonenrollmentforecasting 23 GreaterlikelihoodoffamiliesmakinghomepurchasesGreaterrateoffamiliesmovingintoapartmentsorcondos turnoverrate••schoolstopublicschools 4.Acceleratingrealestate5.Movementfromprivate PossibleGrowthFactorsConsidered FamilysizeAgeofhomebuyersOldestchildatdateofpurchaseSinglefamilyApartments •••housingstock•• 1.Changingdemographics2.Mansionization3.Acceleratinggrowthin 24 ) somewhatexpected Enrollment,2003-2013 Findings:AccountingforIncreasing LargeFactors•Morefamilieswithchildreninapartmentsandcondos•Newapartmentsandcondos(SmallFactors•Familysizeinapartments–smallincrease•Familysizeinsinglefamilyhomes–smalldecrease 25 Otherunknown Motel Hotel/ ResidenceType(2003-2013) 1271-1338412-16-8 CondoSFDMultiAPT ChangeinNumberofLPSStudentsby 0 50 -50 400350300250200150100 count stnedutSforebmuN 105%ofnetgrowthattributabletocondosandapartments 26 ResidenceType(2003-2013) ChangeinNumberofFamiliesby 99345323932 CondoSFDMultiAPTOtherunknown Numberoffamilieshasincreasedbyabout500 0 50 350300250200150100 count seilimaFforebmuN 27 (stackedareagraph) LPSStudentsbyApartmentComplexes 20032004200520062007200820092010201120122013 0 700600500400300200100 stnedutSforebmuN Studentgrowthincludesnewandpre-existingfacilities 28 grade nd grade nd gradersdidnotstartinKindergarten graderswerenotinLPSfor2 th th Almost40%werenotin2 –Nearly50%of10–Nearly30%of6 •ManyStudentsdonotprogressfromK->Graduation•Thisisacorollarytoin-migrationatallgradelevels Finding:UnexpectedVolatilityinStudentTenure 29 PresentationObjectives Providepreliminaryguidanceonenrollmentforecasting •Outlinetheenrollmentworkinggroup’s(EWG)charter•Provideoverviewofenrollmentsandcurrentmethods•Sharefindingsregardingenrollmentincreases• 30 MajorQuestions apartment/condoresidentialcategory? •Whatarethelimitstoenrollmentgrowth?•Howmuchmoreroomavailableinthefastergrowing•Howrapidlymightgrowthoccur?•Whatisthepotentialgrowthinsinglefamilydwellings? 31 trends Theyinvolve understanding regionalandglobal Thesefactorsareallrelativeanddifficulttoforecast HypothesesAboutDrivers PotentialDrivers•LPSReputation•Economy•RegionalHousingMarket•AgingandDepartureofResidents Even3-to4-yearforecastslikelytohavelargeuncertainty 32 KeyObservation Flexibilityiscritical whenplanninginthefaceofuncertainty •Considermultiplescenariosforfutureenrollmenttrends•Createsolutionsthatareflexibleandcanbeadapted 33 “headroom”forgrowthimproverecords,especiallyforages0-5;trackchangesonaquarterlybasismonitorcloselyforpatternchange •Estimateuncertaintyranges•Outlinelow/mid/highgrowthscenarios•Integrateschoolandmunicipaldatato•Forecastwithageprogressionbut ProposedNextStepsforEWG ProcessAction Forecastsarepossible,althoughuncertain MethodologyDevelopment•ModeldriversandestimateElementarySchoolForecastingMiddleSchool/HighSchoolForecasting 34 scenarios… difficultquestions Inthelongerterm: evenscenarioswhichpose Planforarangeofenrollment LookingForward Keychallengeforschoolandtownleadership 35 allowablefacilityconfigurationsexpenditureforhigh/med/lowscenariosimpactoncapitalandoperatingbudgets •Designforhigh/med/lowscenarios•Planlanduse,capital,andoperating•Evaluatehigh/med/lowscenariosfor outcomeswhichoccur? Body/FunctionAction SchoolMasterPlanning•DesignforhighvariabilitySchoolCommittee•Definecapacity,classroomsize,andSchoolandTownFinancialCommittees WhatWouldWeDoWithEnrollmentScenarios? CanLexingtoninfluenceout-migration,andtherebyaffect 36 Conclusions Flexibilityiscritical whenplanninginthefaceofuncertainty •Migrationpatternsdominatebirthsforenrollmentprediction•Housingpreferencesarechanging•Considermultiplescenariosforfutureenrollmenttrends•Createsolutionsthatareflexibleandcanbeadapted 37 Discussion 38 Backup 39 DataSetsUsedbyEWG LPSStudentRolls:2000–2013TownCensus:2000–2014(complete,archival)TownAssessorsdata:2007–2014TownPermitDatabase:2004–2014FederalCensus:2000,2010 Datasets: ••••• AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 3/17/14 STAFF: Lynne Pease ITEM NUMBER: I.7 SUBJECT: Article Positions and Selectmen Article Presenters EXECUTIVE SUMMARY: At this meeting you will be taking positions on as many articles as time allows. Attached is a table that lists all of the articles to be taken up at the 2014 Special and Annual Town Meeting. FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: STAFF FOLLOW-UP: Selectmen’s Office TIONDM PK NC JP MC AC CEC SC TATIONDM PK NC JP MC AC CEC SC ARTICLE POSITIONS 2014 ANNUAL TOWN MEETING ing Budget FY2015 Enterprise Funds 39 Marrett Road – Community Center Renovation D&E and Sidewalk Visitor Center – Design Phase Hastings Park Gazebo Renovations Historical Commission Inventory Forms for Listed Buildings Battle Green Streetscape Improvements Vynebrooke Village Renovations LexHAB Set-Aside Funds for Development of Community Housing at the Busa Property Lincoln Park Field Improvements Park and Playground Improvements Park Improvements – Athletic Fields Park Improvements – Hard Court Resurfacing Renovation to Community Center BudgetsRevolving Funds Preservation Committee Operating Budget and CPA Projects: a)b)c)d)e)f)g)h)i)j)k) ARTICLE SPECIAL TOWN MEETING PRESEN Article 2 Cary Memorial Building Upgrades Article 3 Amend Article 5 of Nov. 2013 STM, ARTICLE FINANCIAL ARTICLES PRESENTAArticle 4 Appropriate FY2015 OperatArticle 5 Appropriate Article 6 Appropriate for Senior Service Program Article 7 Establish and Continue Departmental Article 8 Appropriate the FY2015 Community ESENTATIONDM PK NC JP MC AC CEC SC Parker Meadow Accessible Trail D&ECPA Debt Service Administrative Budget Center Streetscape Improvements and Easements DPW Equipment Street Improvements and Easements Storm Drainage Improvements and NPDES Compliance Hydrant Replacement Program Comprehensive Watershed Storm Water Management Study and Implementation Measures Mass Avenue Intersections’ Improvements and Easements Sidewalk Improvements and Easements Dam Repair Town Wide Culvert Replacement Town Wide Signalization Improvements Traffic Island Renovation Ambulance Replacement Heart Monitors Replace Town Wide Phone Systems- Phase III Network Redundancy and Improvement Plan – Phase II l)m)n) and Equipment a)b)c)d)e)f)g)h)i)j)k)l)m)n)o)p)Improvements ARTICLE FINANCIAL ARTICLES (continued) PRArticle 9 Appropriate for Recreation Capital Projects Article 10 Appropriate for Municipal Capital Projects Article 11 Appropriate for Water System ESENTATIONDM PK NC JP MC AC CEC SC School Capital Projects School Building Flooring Program School Window Treatments Extraordinary Repair Interior Painting Program Middle School Nurses Stations Renovation and Update of Diamond Kitchen and Cafeteria Clarke School Gymnasium Dividing Curtain School Building Envelope and Systems LHS Heating Systems Upgrade – Phases 2 and 3 Municipal Building Envelope and Systems Repairs / Replacements/Upgrades: School Paving Program East Lexington Fire Station Physical Fitness Room Public Facilities Bid Documents Middle School Science, Performing Arts and General Education Spaces Clarke School Elevator Upgrade Clarke School Auditorium Audio Visual System Fire Station Headquarters Design Improvements and Equipment Projects: a)b)c)d)e)f)g)h)i)j)k) ARTICLE FINANCIAL ARTICLES (continued) PRArticle 12 Appropriate for Wastewater System Article 13 Appropriate for Article 14 Appropriate for Public Facilities Capital ESENTATIONDM PK NC JP MC AC CEC SC Citizen ) ) lization Fund gional Vocational ppropriate to and From ) Citizen Article sportation in Lexington Citizen Article ) Citizen Article Specified Stabilization Funds Stabilization Fund Insurance Liability Fund BudgetsImprovements the Minuteman ReSchool District(ProtectionProfit Educational Uses in the Neighborhood Business and Residential Districts (Educational Uses in the Neighborhood Business District and Remove Size Limitation (Profit Educational Uses in the Neighborhood Business District (Article ARTICLE GENERAL ARTICLES PRESENTATIONDM PK NC JP MC AC CEC SC ARTICLE FINANCIAL ARTICLES (concluded) PRArticle 15 Appropriate to Post Employment Article 16 Rescind Prior Borrowing Authorizations Article 17 Establish and AArticle 18 Appropriate to StabiArticle 19 Appropriate from Debt Service Article 20 Appropriate for Prior Years’ Unpaid Bills Article 21 Amend FY2014 Operating and Enterprise Article 22 Appropriate for Authorized Capital Article 23 Amendments to the District Agreement of Article 24 Public TranArticle 25 Establish Qualifications for Tax Deferrals Article 26 Amend General Bylaws – Wetland ARTICLE ZONING/LAND USE ARTICLES PRESENTATIONDM PK NC JP MC AC CEC SC Article 27 Amend Zoning By-Law – Allow For-Article 28 Amend Zoning By-Law - Allow For-Profit Article 29 Amend Zoning By-Law – Allow For- PRESENTATIONDM PK NC JP MC AC CEC SC 3/17 3/17 3/17 (continued) Marijuana Treatment Centers Review for Projects over 10,000 SF Corrections ARTICLE ZONING/LAND USE ARTICLES Article 30 Amend Zoning By-Law – Medical Article 31 Amend Zoning By-Law – Site Plan Article 32 Amend Zoning By-Law – Technical AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 3/17/14 STAFF: Lynne Pease ITEM NUMBER: I.9 SUBJECT: Appointment/Resignation – Human Rights Committee/Arts Council EXECUTIVE SUMMARY: The Human Rights Committee has requested that Bonnie Brodner be appointed. Victoria Campos has submitted her resignation from the Council for the Arts. FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: Motion to appoint Bonnie Brodner to the Human Rights Committee for a term to expire September 30, 2016. Motion to accept the resignation of Victoria Campos from the Council for the Arts, effective immediately. STAFF FOLLOW-UP: Selectmen’s Office AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 3/17/14 STAFF: Lynne Pease ITEM NUMBER: I.10 SUBJECT: Approve and Sign Eagle Letters Congratulating Ian Davis, Thomas Elliott and David Whitman- Kinghorn EXECUTIVE SUMMARY: You are being asked to sign letters of commendation for Boy Scout Eagles Ian Davis, Thomas Elliott and David Whitman-Kinghorn. See attached letter requesting the commendation and the proposed eagle letter. FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: Motion to send letters of commendation to Ian Davis, Thomas Elliott and David Whitman- Kinghorn congratulating them on attaining the highest rank of Eagle in Boy Scouting. STAFF FOLLOW-UP: Selectmen’s Office March 17, 2014 Thomas Elliott Troop 160 St. Brigid Parish 2001 Massachusetts Avenue Lexington, MA 02421 Dear Thomas, Congratulations on attaining the highest rank in Scouting. We know the trail to Eagle has not always been an easy one and we recognize that you have had to work hard to get this far. Your time in positions of leadership within Troop 160, and the successful completion of your Eagle project, speaks to your dedication. Being an Eagle is so much more than just another rank. It is a recognition of what you have achieved so far, but of more importance is the implied promise you have made to maintain the ideals of Scouting into your adult life. We know that your family and fellow Scouts are proud of you and will look to you to be a leader as you continue your journey beyond Eagle. Again, congratulations and good luck in all your future endeavors. Sincerely, Deborah N. Mauger, Chairman Peter C. J. Kelley Norman P. Cohen Joseph N. Pato Michelle L. Ciccolo March 17, 2014 Ian S. Davis Troop 160 St. Brigid Parish 2001 Massachusetts Avenue Lexington, MA 02421 Dear Ian, Congratulations on attaining the highest rank in Scouting. We know the trail to Eagle has not always been an easy one and we recognize that you have had to work hard to get this far. Your time in positions of leadership within Troop 160, and the successful completion of your Eagle project, speaks to your dedication. Being an Eagle is so much more than just another rank. It is a recognition of what you have achieved so far, but of more importance is the implied promise you have made to maintain the ideals of Scouting into your adult life. We know that your family and fellow Scouts are proud of you and will look to you to be a leader as you continue your journey beyond Eagle. Again, congratulations and good luck in all your future endeavors. Sincerely, Deborah N. Mauger, Chairman Peter C. J. Kelley Norman P. Cohen Joseph N. Pato Michelle L. Ciccolo March 17, 2014 David Whitman-Kinghorn Troop 160 St. Brigid Parish 2001 Massachusetts Avenue Lexington, MA 02421 Dear David, Congratulations on attaining the highest rank in Scouting. We know the trail to Eagle has not always been an easy one and we recognize that you have had to work hard to get this far. Your time in positions of leadership within Troop 160, and the successful completion of your Eagle project, speaks to your dedication. Being an Eagle is so much more than just another rank. It is a recognition of what you have achieved so far, but of more importance is the implied promise you have made to maintain the ideals of Scouting into your adult life. We know that your family and fellow Scouts are proud of you and will look to you to be a leader as you continue your journey beyond Eagle. Again, congratulations and good luck in all your future endeavors. Sincerely, Deborah N. Mauger, Chairman Peter C. J. Kelley Norman P. Cohen Joseph N. Pato Michelle L. Ciccolo AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING DATE: 3/17/14 STAFF: Lynne Pease ITEM NUMBER: C.1-5 SUBJECT: Consent EXECUTIVE SUMMARY: 1.Approve a two-day liquor license for the Steve Eastridge to serve beer at the BBQ festival on May 17, 2014, from 11:00 a.m. to 7:00 p.m., and on May 18, 2014, from 12:00 noon to 4:00 p.m. on Hastings Park. See attached plan. Police have reviewed and will require 4 police detail. 2.Approve signing a certificate that a flag was flown over the Battle Green on February 24, 2014 in recognition of Gary W. Gerst’s 42 years of service in the United States Army. 3.Approve inserting in the next tax bill information on Solarize Lexington-Bedford. 4.Approve the minutes of January 13, 2014, January 27, 2014, February 3, 2014, February 12, 2014 and February 24, 2014. 5.Approve the Executive session minutes of January 13, 2014, January 27, 2014, February 3, 2014 and February 24, 2014. See attached information. FINANCIAL IMPACT: RECOMMENDATION / SUGGESTED MOTION: Motion to approve the Consent Agenda. STAFF FOLLOW-UP: en’s Office Selectm ȸɓɐɝɠɏɖ ɂ. Ɂɏɣɕɓɠ, ȷɖɏɗɠɛɏɜɀɓɦɗɜɕɢɝɜ ȶɝɏɠɒ ɝɔ ɇɓɚɓɑɢɛɓɜ ɢɖɓ ɡɗɢɓ ɝɔ ȵɛɓɠɗɑɏ»ɡ ɝɚɒɓɡɢ ɥɏɠ ɛɓɛɝɠɗɏɚ ed the British Army on April 19, 1775 in the This is to certify that on February 24, 2014, GERST, in recognition of his 42 years of is American Flag over the Lexington Battle shots of the American Revolution. opening Certificate of Authenticity This American flag is presented to GARY W. the Town of Lexington, Massachusetts flew th Green, the Birthplace of American Liberty, and where the Lexington Minutemen militia confront service to this nation in the United States Army. Join Your Neighbors in a Rooftop Revolution: Solarize Lexington-Bedford! Lexington and Bedford were selected by the Commonwealth to participate in the current round of the Solarize Mass program aimed at reducing the cost and increasing adoption of small-scale solar photovoltaic (PV) systems. Is your home or business a good candidate for solar?The best homes for solar receive very little shade and have roofs that face toward the south. To request a free, no-obligation solar assessment for your home or business, contact our selected installer, Astrum Solar. Go tohttp://go.astrumsolar.com/solarizelexingtonbedford o-903-6130. r call 1-800 Can you afford solar?Special Solarize Mass pricing, combined with government incentives and tax credits, make this a good time to go solar. Both purchase and lease options are available. The more households who purchase solar panels, the less expensive they are for everyone. The program will run through June 30, 2014. For more information, you may contact Lexington’s Solar Coaches Marcia Gens and Fran Ludwig at SolarizeLexington@gmail.com, or go to http://www.lexingtonma.gov/solar. Join Your Neighbors in a Rooftop Revolution: Solarize Lexington-Bedford! Lexington and Bedford were selected by the Commonwealth to participate in the current round of the Solarize Mass program aimed at reducing the cost and increasing adoption of small-scale solar photovoltaic (PV) systems. Is your home or business a good candidate for solar?The best homes for solar receive very little shade and have roofs that face toward the south. To request a free, no-obligation solar assessment for your home or business, contact our selected installer, Astrum Solar. Go tohttp://go.astrumsolar.com/solarizelexingtonbedford o-903-6130. r call 1-800 Can you afford solar?Special Solarize Mass pricing, combined with government incentives and tax credits, make this a good time to go solar. Both purchase and lease options are available. The more households who purchase solar panels, the less expensive they are for everyone. The program will run through June 30, 2014. For more information, you may contact Lexington’s Solar Coaches Marcia Gens and Fran Ludwig at SolarizeLexington@gmail.com, or go to http://www.lexingtonma.gov/solar. Join Your Neighbors in a Rooftop Revolution: Solarize Lexington-Bedford! Lexington and Bedford were selected by the Commonwealth to participate in the current round of the Solarize Mass program aimed at reducing the cost and increasing adoption of small-scale solar photovoltaic (PV) systems. Is your home or business a good candidate for solar?The best homes for solar receive very little shade and have roofs that face toward the south. To request a free, no-obligation solar assessment for your home or business, contact our selected installer, Astrum Solar. Go tohttp://go.astrumsolar.com/solarizelexingtonbedford or call 1-800-903-6130. Can you afford solar?Special Solarize Mass pricing, combined with government incentives and tax credits, make this a good time to go solar. Both purchase and lease options are available. The more households who purchase solar panels, the less expensive they are for everyone. The program will run through June 30, 2014. For more information, you may contact Lexington’s Solar Coaches Marcia Gens and Fran Ludwig at SolarizeLexington@gmail.com, or go to http://www.lexingtonma.gov/solar.