HomeMy WebLinkAbout2017-01-05 BOS Packet - Released JOINT SELECTMEN AND PLANNING BOARD MEETING
Thursday, January 5, 2017
Estabrook Hall, Cary Memorial Bldng
7:00 PM
AGENDA
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Anticipated Planning Board Articles for 2017 Annual Town Meeting 7:00 p.m.
. Anticipated Zoning Bylaw Articles
. Anticipated General Bylaw Articles
. Anticipated Owner's Petition-Brookhaven Planned Development District
ADJOURN
1. Anticipated Adjournment Time 8:30 p.m.
The next meeting of the Board of Selectmen is scheduled for Monday, January 9, 2017 at 7:00 p.m.
in the Selectmen's Meeting Room, Town Office Building, 1625 Massachusetts Avenue.
Hearing Assistance Device.s Available on Repast �� �� �
All agenda time and the order of items are approximate and
subject to change. Recorded by LeWedia
AGENDA ITEM SUMMARY
LEXINGTON JOINT BOARD OF SELECTMEN AND PLANNING BOARD MEETING
AGENDA ITEM TITLE:
Anticipated Planning Board Articles for 2017 Annual Town Meeting
PRESENTER: ITEM
Timothy Dunn, Chairman, Charles NUMBER:
Horning, Richard Canale, Ginna
Johnson, Nancy Corcorran-Ronchetti I'1
SUMMARY:
Members of the Planning Board will update the Board of Selectmen on the status of anticipated Articles for the
2017 Annual Town Meeting.
Please note that staff has received several comments on these draft zoning articles from various sources.
These comments have yet to be considered by the Planning Board.
Town Counsel has also raised questions concerning two Articles: the Blasting and 2-Family Homes articles. In
the preliminary review, Town Counsel raised c o nc erns about the legality of reducing the GFA for 2-Family
Homes, and the ability of a municipality to prohibit blasting. Assistant Fire Chief John Fleck has also
expressed opposition to a blasting ban. Both of these proposals will continue to be refined or, if
impermissible, withdrawn before Town Meeting.
The Planning Board has also decided not bring any Zoning Bylaw technical changes to Town Meeting.
The Town has also received two citizens petitions. One to amend rules regarding Medical Marijuana, and
another regarding Balanced Housing Developments. Details on these are scant and staff is trying to coordinate
with the petitioners on getting more detail.
Brookhaven has also filed an owner's petition to expand— exactly the same as last year's proposal.
SUGGESTED MOTION:
None
FOLLOW-UP:
Planning Board will be scheduling public hearings on the anticipated Articles.
DATE AND APPROXIMATE TIME ON AGENDA:
1/5/2017 7:00 p.m.
ATTACHMENTS:
Description Type
D shirt Backup Matorinl
D Roviso Doflaiitions Backup Matorinl
D shirt SR SconicRoads Gmiondllyk w Backup Matorinl
D I'll lm)Fani yM)nus Backup Matorinl
D Art 1) Bk.tsthig Prohillbition. Backup Matorinl
D shirt Backup Matorinl
D shirt Backup Matorinl
ARTICLE A AMEND ZONING BYLAW
DEVELOPMENT STANDARDS
To see if the Town will vote to amend the Zoning Bylaw to alter the rules for special permit
residential developments, or act in any other manner in relation thereto.
Inserted at the request of the Board of Selectmen and the Planning Board.
DESCRIPTION
TEXT NEEDED
PROPOSED MOTION
Part 1. Amend Section 3.4, Table 1, Permitted Uses & Development Standards, as
follows:
Table 1:Permitted Uses and Development Standards
RO RS RT
A. RESIDENTIAL USES
A.1.0 PRINCIPAL RESIDENTIAL USES
A.1.05 BaIaReed 4ottsing developmepA,r„ lie be e&developmepA,s4e se+is4ive
developmepA
SP SP SP
Site Sensitive Development,Flexible Residential Development
Part 2. To ensure internal consistency within the Zoning Bylaw it is necessary to
amend the definitions (Section 10.0, Definitions) listed below. Where
appropriate, these definitions should remain in alphabetical order.
a. Amend the following Definitions:
• BnInneed housing developmen Flexible Residential Development: A type of
special permit residential development as defined in § 6.9.
b. Delete the following Definitions:
• Public Benefit Development
Part 3.Amend Section 6.9, Special Permit Residential Developments, as follows:
6.9 SPECIAL PERMIT RESIDENTIAL DEVELOPMENTS
6.9.1 Purpose. Special Permit Residential Developments are intended to:
1. Promote proposals designed with sensitivity to the characteristics of the
development site that might otherwise be limited by application of uniform,
largely geometric standards;
2. Encourage the preservation and minimum disruption of outstanding natural
features of open land and to minimize impacts on environmentally sensitive areas;
3. Encourage green building practices and low-impact development techniques;
AMEND ZONING BYLAW ARTICLE A
DEVELOPMENT STANDARDS
4. Promote the efficient and economical provision of public facilities such as utilities
and complete streets, and facilitate a detailed assessment, by Town officials and
the public, of the adequacy of such facilities and services for the proposed level of
development.
5. Permit different types of structures and residential uses to be combined in a
planned interrelationship that promotes an improved design relationship between
new buildings,public facilities, common open space, and adjacent and nearby
land uses and forms;
6. Preserve historically or architecturally significant buildings, landscapes, or places;
7. Ensure that the development of multiple dwellings does not detract from the
livability, scale, character or economic value of existing residential
neighborhoods;
8. Encourage greater diversity of housing opportunities in Lexington to meet the
needs of a population which is diversified with respect to number of persons in a
household, stage of life, and income; and
9. Encourage the development of affordable and work force housing.
6.9.2 Types of Special Permit Residential Developments.
1. Site Sensitive Developments. A Site Sensitive Development(SSD) is the
development of a parcel with configurations of lots allowing flexibility and
creativity in residential development through reductions in minimum lot area and
frontage requirements in order to minimize site disturbance,preserve historic and
sensitive natural resources, and allow for efficient patterns of construction to
lower development cost. The number of dwellings in a site sensitive development
may not exceed the number of dwellings that could be constructed in the
development of a conventional subdivision.
2. Flexible Residential Developments. A Flexible Residential Development(FRD)
is a development that allows for flexibility from conventional subdivision
dimensional standards. The maximum amount of residential development for the
tract as a whole is based on calculations of gross floor area derived from a
conventional development plan for the same tract of land.
6.9.3 Dimensional Controls.
The requirements of§ 4.0 are modified as follows:
1. Section 4.1.4 (one dwelling per lot) does not apply in a FRD.
2. Sections 4.2.2 (lot regularity) and 4.2.3 (developable site area) do not apply.
3. Lot area. There is no minimum lot area required,provided the development tract
meets the off-street parking requirements of this Bylaw and the installation of any
on-site water supply and sewage disposal facilities can be accommodated.
4. Frontage. There is no minimum frontage required, provided the frontage
proposed for each lot provides adequate access to the building.
5. Yard requirements. The yards required by § 4.0 do not apply between dwellings
2 1 P L'pA 'll L 1 , 5 /20 1 7
within the site, but do apply to the perimeter of the site
6. Site coverage. The site coverage in SPRDs is regulated by § 4.2.6 of the Zoning
Bylaw.
6.9.4 Gross Floor Area Standards.
1. Site Sensitive Developments. The gross floor areas of buildings in a SSD are
regulated by § 4.4 of the Zoning Bylaw.
2. Flexible Residential Developments. The maximum total gross floor area(GFA)
of all buildings in a FRD is limited to 80% of the maximum total GFA for all lots
shown on the proof plan.
6.9.5 Dwelling Unit Count and Limitations on Unit Size.
1. Site Sensitive Developments. The number of dwelling units in a SSD may not
exceed the number of dwellings possible under conventional zoning, shown on
the proof plan.
2. Flexible Residential Developments. The number of dwelling units permitted in a
FRD is not limited. The sizes of the proposed units are limited as follows:
a. 25% of the dwelling units must have a GFA less than 2,100 square feet,
b. 50% of the dwelling units must have a GFA less than 2,700 square feet,
C. 75% of the dwelling units must have a GFA less than 3,500 square feet,
and
d. any remaining dwelling units may be of any size,provided the overall
GFA limit detailed in section 6.9.4 is not exceeded.
Any remainder in the dwelling unit breakdown is rounded up. For example, a proposed five
unit development plan would have a unit mix of 2 dwelling units less than 2,100 square feet,
one dwelling unit less than 2,700 square feet, one dwelling unit less than 3,500 square feet,
and one unregulated dwelling unit.
6.9.6 Common Open Space Standards.
1. Minimum common open space. At least 33% of the developable site area in a
FRD must be set aside as common open space. A maximum of 20% of the
common open space may be devoted to parking or structures used for, or
accessory to, active outdoor recreation,provided such parking or structures are
consistent with the open space uses of such land.
2. Location; condition. Where required or provided, common open space must be
land that may be in one or more parcels of a size and shape appropriate for the
intended use and available for use by all occupants of a development.
3. Ownership. Common open space may be conveyed to:
a. The Town, subject to acceptance, to ensure its perpetual use as open
space, conservation, recreation, or parkland; or
b. A legal association comprised of the owners of the development, which
may include homeowners or owners of condominium or cooperative units;
AMEND ZONING BYLAW ARTICLE A
DEVELOPMENT STANDARDS
or
C. A nonprofit organization, the principal purpose of which is the
conservation of open space.
4. Restriction. When such open space is conveyed to persons or entities other than
the Town, a conservation restriction over such land must be granted to the Town
to ensure its perpetual use as open space, conservation, recreation, or parkland.
6.9.7 Affordability Standards.
1. At least 15% of dwelling units in a FRD must be eligible for inclusion on the
Massachusetts Department of Housing and Community Development's
Subsidized Housing Inventory (SHI).
2. Where this calculation results in a fractional dwelling unit, the applicant may
either provide an eligible dwelling unit or make a contribution to Lexington's
housing fund in an amount sufficient to construct that fraction of an eligible
dwelling unit, net of the dwelling unit's restricted resale price, as determined by
the Planning Board.
3. The mix of affordable dwelling unit sizes should be similar to that of the
development as a whole.
6.9.8 Streets and Drives. The objective of this section is that adequate access for fire-
fighting, medical, and other emergency operations be provided from the public street system
to each dwelling unit.
1. Connection to public street system. Each street and interior drive, or system of
streets or interior drives, must connect to a public street.
2. A dead-end interior drive will be treated in the same manner as a dead-end street,
and subject to the provisions governing dead-end streets found in the Planning
Board's Subdivision Regulations.
3. In a development served by a dead-end street or dead-end interior drive, a
secondary means of access may be required in order to provide adequate access
for fire-fighting, medical and other emergency vehicles. The Fire Chief will be
consulted as to the necessity of a secondary access.
6.9.9 Compliance with Other Rules and Regulations. The construction of community
services, such as utilities, and of streets and interior drives must comply with the
requirements of the Planning Board's Subdivision Regulations.
6.9.10 Types of Dwellings. The SPGA may, as part of the grant of a special permit, allow
the following types of dwellings:
41P LuA 'll L 1 , 5 /20 1 7
Type of Dwelling SSD FRD
One-family detached Yes Yes
Two-family Yes Yes
Townhouse, Multifamily Yes Yes
Accessory Apartment(all types) Yes Yes
6.9.11 Conversion. The SPGA may authorize existing structures to be converted to a
residential use not otherwise permitted. The special permit shall incorporate by reference the
building design and definitive site development plans filed with the application for a special
permit, and, where applicable, any legally binding document that has been submitted to
ensure the completion and continued availability of any proposed improvement or
compliance with special conditions. In order to grant the permit the SPGA must determine
that:
1. The structure can be modified for a residential use that does not have adverse
impacts on the adjacent neighborhood;
2. The exterior character of the structure is maintained and is compatible with the
adjacent neighborhood;
3. Modification of the existing structure maintains more of the site as open space
than the alternative of removal of the structure and further subdivision of the lot
into house lots.
6.9.12 SPGA. The Planning Board is the special permit granting authority for all special
permit residential developments. The Planning Board may grant any special permits that are
required for the special permit residential development, notwithstanding provisions of this
Bylaw designating a different special permit granting authority.
6.9.13 Criteria. The SPGA may only grant a special permit if it makes a determination that
the proposed development is consistent with the standards and criteria set forth in § 9.4.2 and
the following additional criteria:
1. Where there is common open space, it shall include, as applicable:
a. Some, or all, of the outstanding natural features of the site and of the man-
made features, including but not limited to stone walls, that enhance the
land form;
b. Land that increases visual amenities for residents of the development and
of the adjacent neighborhood;
C. One or more paths or entry points specifically designed for access
purposes.
2. The dwellings are sited and oriented in a complementary relationship to: each
other, the common open space, and the adjacent properties with respect to scale,
mass, setback,proportions and materials;
AMEND ZONING BYLAW ARTICLE A
DEVELOPMENT STANDARDS
3. Negative visual impacts of the development, if any, are screened from adjacent
properties and nearby streets by landscaping or other site planning techniques;
4. Where opportunities exist, improved access is provided to, or additional links and
connections are developed to, a Town system of public facilities, such as open
space, recreation facilities, footpaths or bicycle paths;
5. There are provisions for common facilities, such as recreation or parking, or for
services such as the maintenance of streets, walkways or paths, utilities,
landscaping or recreation facilities;
6. Where there are sufficient dwelling units, the layout of the streets and interior
drives will accommodate vehicles, other than automobiles, that are used in local
transportation services.
7. To the extent practicable, sustainable development techniques, including green
buildings, have been utilized.
61P L'uA 'll L 1 , 5 /20 1 7
ARTICLE B AMEND ZONING BYLAW
REVISE DEFINITIONS
To see if the Town will vote to amend the definitions of a number of definitions related to
development contained in the Zoning Bylaw, or act in any other manner in relation thereto.
Inserted at the request of the Planning Board.
DESCRIPTION
The purpose of this article is to address issues identified during the implementation of the
Gross Floor Area requirements adopted under Article 41 of the 2016 Annual Town Meeting.
Given the attention to floor area the development process now requires, it is now evident that
a number of definitions must be clarified, revised, updated, or deleted to better reflect the
intent of last year's article.
PROPOSED MOTION
Part 1.Delete and replace the following definitions:
Attic
• Existing: A space directly under a sloping roof which is unfinished and which is not
accessible by an approved stairway and is not designed or intended to be used for
human occupancy.
• Proposed: The space between the top of the floor joists of the top story and the
bottom of the roof rafters. Attics cannot be accessed by a stairway compliant with the
building code. Contrast to "Story, Half."
Basement
• Existing: A space in a building which is partly below and partly above the level of
the adjoining ground and having at least 1/2 of its floor-to-ceiling height above the
average natural grade and a floor-to-ceiling height of seven feet or greater.
• Proposed: A space in a building having its floor surface entirely below average
natural grade and a height of at least six feet eight inches from its floor surface to the
bottom of the joists above. No more than four feet six inches of a basement may
protrude above average natural grade. See also "Crawl Space" and"Story."
Crawl space
• Existing: A space in a building similar to a basement or a cellar which has a floor-to-
ceiling height less than seven feet.
• Proposed: A space in a building having its floor surface entirely below average
natural grade and a height of less than six feet eight inches from the floor surface to
the bottom of the joists above. No more than four feet six inches of a crawl space
may protrude above average natural grade. See also "Basement" and"Story."
DA T E : C / 5 / 2017 Paae7e 11of3
AMEND ZONING BYLAW ARTICLE B
REVISE DEFINITIONS
Gross Floor Area
• Existing: The sum, in square feet, of the horizontal areas of all stories of a building
or several buildings on the same lot measured from the exterior face of exterior walls,
or from the center line of a parry wall separating two buildings. Gross floor area shall
also include garages,basements, cellars,porches and half stories, but shall exclude
crawl spaces, attics, and decks. Where the text of this bylaw refers to floor area, the
term shall mean gross floor area unless the term net floor area is used.
• Proposed: The sum, in square feet, of the horizontal areas of a building (or several
buildings on the same lot) measured from the exterior face of the exterior walls, or
from the center line of a parry wall separating two buildings, including garages,
basements,porches, and half stories. In half stories, all floor area where the
headroom is greater than five feet, measured from the top of the floor joists of the top
story to the bottom of the roof rafters, is included in the gross floor area
measurement. Gross floor area excludes "Crawl Spaces," "Attics," and"Decks."
Where the text of this bylaw refers to floor area, the term means gross floor area
unless the term net floor area is used.
Story
• Existing: That portion of a building contained between any floor and the floor or
roof next above it but not including a cellar, crawl space, or attic.
• Proposed: That portion of a building contained between any floor and the floor or
roof next above it. If half or more of a basement is above average natural grade, then
it is considered a story. "Attics" and"Crawl Spaces" are not stories.
Story, half
• Existing: A story directly under a sloping roof in which the points of intersection of
the bottom of the rafters and the interior faces of the walls are less than three feet
above the floor level on at least two exterior walls. Dormers may be constructed on
those exterior walls provided the length of the dormers as measured between the
lowest bearing points of the dormers on the rafters of the sloping roof does not exceed
50% of the length of the sloping roof to which it is attached. The area of a half story
shall be the area within which the height from the floor to the bottom of the rafters is
five feet or greater. Where this height occurs at an exterior wall, the horizontal
measurement shall be from the exterior face of such wall.
• Proposed: A story under a sloping roof accessed by a stairway compliant with the
building code. The gross floor area with head room of five feet or more may not
exceed 40% of the total floor area of the second story. Dormers may be constructed
on those exterior walls provided the length of the dormers as measured between the
lowest bearing points of the dormers on the rafters of the sloping roof does not exceed
50% of the length of the sloping roof to which it is attached.
Part 2.Delete the definition of"cellar" and update all references to it to "basement."
• Section 135-5.1.4, Table of Parking Requirements, Retail Business (update "cellar"to
"basement")
2of31Paa ^ e l7'uATF,, : 1 / 5 /2017
ARTICLE B AMEND ZONING BYLAW
REVISE DEFINITIONS
• Update definition of Lowest Floor(National Flood Insurance District), by striking out
the words "or cellar".
Part 3.The effective date of this amendment is July 1, 2017.
)Lu A 1' F, ° C 5 , J 0 C 7 P as e 1 3 of 3
ARTICLE "SR" AMEND GENERAL BYLAWS
SCENIC ROADS
To see if the Town will vote to amend the General Bylaw to adopt the Commonwealth General
Law Chapter 40 Section 15C, commonly referred to as the Scenic Roads Act.
Inserted at the request of the Planning Board.
RECOMMENDATION
The Planning Board [unanimously] recommends that the motion under be APPROVED.
DESCRIPTION
The purpose of adopting this law is to provide the community, through the Planning Board, an
opportunity to review the alteration of stone walls incidental to roadwork on accepted town ways
that have been designated scenic roads.
This empowers the Board to regulate roadwork that involves or includes alterations to stone
walls. If the changes to the roadway do not impact walls, review is not triggered. Nor are
alterations to walls NOT involving roadwork. Stone walls outside the right of way are not
reviewed, even if the way has been designated a scenic way.
While the statue is silent on the point, in practice Planning Board's may condition or deny
alterations to stone walls. While it is not required by the statute, the Board will draft regulations
after Town Meeting, should Town Meeting approve this article.
Scenic road designation does not give the Planning Board authority over tree work, which
remains with the Tree Warden. However, the law does require that projects affecting both stone
walls in Scenic Road layouts and public shade trees must combine the public hearing required by
both statutes.
This article also authorizes penalties for alteration to stone walls when not specifically
authorized, and when applicable, requires consolidated public hearings with the Tree Warden.
PROPOSED MOTION
Part 1 -Per General Law Chapter 40, Section 15C, the Town designates the following
roads as Scenic Roads:
• Bennington Road(accepted portion)
• Fern Street(entire length)
• Shade Street(entire length)
• Vine Street(entire length)
Part 2 —non-criminal dispositions:
A violation of this paragraph shall be punished by a fine not to exceed three hundred
dollars.
AMEND ZONING BYLAW ARTICLE 42
TWO—FAMILY HOMES
RECOMMENDATION
XXX
SUMMARY
The goal of this bylaw amendment is to encourage a diversity of more attainable housing types,
specifically senior housing and smaller more attainable housing sizes not readily available in Lexington,
without impacting the our neighborhoods or project abutters. These goals can be achieved with 1) Two-
Family Homes restricted as senior housing and affordable housing, and 2) site performance standards
specific to Two-Family Homes (listed below).
The proposed Maximum Gross Floor Areas specific to Two-Family Homes addresses two factors:
1. There is a lack of housing options between 1,000 SF (Accessory Apartments) and about 3000
GFA (about the size of expanded capes, small colonials and split-levels).
2. Two-Family Homes would require additional impervious surfaces for driveways,parking,patios
and decks not included in the gross floor area definition.
Impervious surfaces for one unit would total about 1,500 SF, so in the recommended Two-Family Homes
GFA Table below,XXX Maximum Gross Floor Area is reduced by 1,500 SF at each lot size. Because the
Town does not need to encourage unit sizes over about 2,725 GFA, 5,450 is the maximum GFA allowed
for a Two-Family structure (2 units total).
PERFORMANCE STANDARDS:
Dimensional controls per XXX and in addition,the following Performance Standards will apply:
• One unit will be restricted as senior housing; one unit will be restricted as affordable housing.
This may be the same unit or different units.
• Two-Family Homes Maximum Gross Floor Area:
II � � ul a uuuiiiii 0 ul a luiuuuuuuuuiii uuuuuu uuu
iilirlll Iluului uT V I, IIII uuuuuui
� III III�IIIIII IIIIIIII I�IIII II a luu ullliiiiu o IIIIIIIIIIII � � VI uldiii�i�m IIIIIIIII IIIIIII III�IIIIII IIIIIIIIIIII I�IIII1011 to IVu IIII liiiiiiiiiiii liiiiii li liiii piiiiii"'u""""""""""u
...�lye u..0�°0°°°°°°°°°°°°°°°°°° -- Not allowed
� �„IIIIIIIIIIII'iiii � �liiiiiiiiiiiiii
hill °' 4,000 2,500 (1,250 per unit)
�� � �uumiiiiiiii um �uuuuyu�mml�'liyi�uuuuul
5,375 3,900 (1,950 per unit)
IIII� � � �uiiiiiiiimu Vu�lu�i�"uyl�ul
uuuulVuuulll (I 5,950 4,450 (2,225 per unit)
uuumy lii�i"'uyl uuuuu
n : : �uuuul : � : : 6,950 5,450 (2,725 per unit)
IIIIIII IIIIII a .. uuuumu�iiiml�uuou�
u � : : : 9,350 5,450 (2,725 per unit)
u)ul(ulluuuu ul)Vuu �u u)u uiTul udllVu uuuul uuu I
• Units give the appearance of a single-family dwelling. Scale, design,height,proportions will all
be sited and constructed in a manner that is consistent with the scale of other structures in the
neighborhood.
Planning Board Report on Article xx xx
• Units are in one structure with a shared wall or walls to minimize energy consumption and reduce
scale of the structure.
• Vehicular Circulation: Only one curb cut will be allowed. Garages will be 2-car maximum (one
car per unit). Garages shall be adjacent to one another or shared.
• Fencing and walls between units are not allowed in the front of the structure (between the
structure and the adjacent way).
• Utilities (outdoor mechanical equipment) are not allowed in the front of the structure (between
the structure and the adjacent way) or in the setbacks, and may not be visible from the adjacent
way or ways. Exterior lighting shall be minimized and only as needed to accomplish safety and
shall be installed to minimize the impact on neighboring properties.
• Trees.Utilities, driveways and curb cuts will be located to preserve existing trees and their
rooting zones (including street trees and trees on private property). Trees will be protected during
construction to insure their survival.
• Regrading will be minimal and will be in keeping with the general appearance of the neighboring
developed areas.
DESIGN CRITERIA FOR SPECIAL PERMIT
• Compliance with XXX Special Permit Criteria and Performance Standards above.
PUBLIC HEARING
XXX
PROPOSED MOTION
<<INSERT FINAL MOTION>>
Planning Board Report on Article xx xx
ARTICLE XX AMEND ZONING BY-LAWS
BLASTING
To see if the Town will vote to amend the Town code to prohibit the use of explosives in
construction site work.
DESCRIPTION
The use of explosives to remove ledge and facilitate the significant change of grade in landscape
construction significantly alters the characteristic New England topography of the Town and may
impact subsurface geomorphology and drainage patterns. The use of explosives, commonly
referred to as "blasting," creates vibrations that can impact the foundations and structural
integrity of buildings as well as impact technical devices, including laboratory research. The soil
and vegetative cover in blast sites is removed, impacting local ecological systems and surface
drainage. The explosions and subsequent removal of blasted stone creates a factory-like
conditions for abutters with the impact of dust,noise (including "sound warnings," or sirens and
trucking), and vibrations of the explosions and heavy machinery.
RECOMMENDATION
The Planning Board [unanimously] recommends that the motion under Article XX be
APPROVED.
MOTION
Prohibit the granting of permits for"blasting," or the use of explosives in site construction, in
districts zoned CB, RO and RS.
DRAFTPROPOSAL: AS OF 1/5/20,17
AMEND THE GENERAL BYLAWS ARTICLE F
NEIGHBORHOOD CONSERVATION DISTRICTS—TECHNICAL CHANGES
To see if the Town will vote to amend its General Bylaws to address several issues identified
with the recently adopted Neighborhood Conservation Districts Bylaw, or act in any other
manner in relation thereto.
DESCRIPTION
This article is to correct two minor issues identified with the NCD Bylaw adopted by Town
Meeting at the 2016 Annual Town Meeting. Both of these address internal consistency
issues.
The first issue was identified in run up to the 2016 Town Meeting and pertains to the scope
of the original motion. In order to ensure internally consistency between the Demolition
Delay Bylaw (Article 19 of the Code of Lexington) and the Neighborhood Conservation
District bylaw, the former needed several minor amendments. As the proposal got closer to
its date certain however, it was decided that the scope of the Warrant article was not broad
enough to cover these necessary aspects.
The second issue was identified in the Attorney General's review of the NCD Bylaw and
again, is a minor tweak to the original. In its approval of the NCD Bylaw, the Attorney
General's Office struck one line from the motion adopted by Town Meeting, as the fine
levied in the Bylaw was inconsistent with G.L. c. 40, § 21, which limits the maximum
penalty for bylaw violations to $300. This warrant article corrects the issue, by reinserting
the maximum fine amount from $500 to $300.
A final issue was raised by a group of residents looking to create a district with exactly 10
homes in it. The requirement of 10 property owners to sign the request for study in this
situation is almost impossible as it requires unanimity, which is not achievable in most
situations. In this case, it is proposed that NCDs comprising 10 or fewer properties have a
lower threshold for initiating a district.
PROPOSED MOTION
Part 1. Amend Chapter 19 of the Code of Lexington as follows:
a. Delete the words "which are outside historic districts" from Section 1; and
b. Add a new definition to Section 2 as follows:
HISTORIC DISTRICT
A district subject to the jurisdiction of the Lexington Historic Districts
Commission under Chapter 447 of the Acts of 1956 or of any Neighborhood
Conservation District Commission under Chapter 78 of the Code of Lexington.
c. Amend the definition of Significant Building in Section 2 by replacing the
words "not within an Historic District"with"neither under the jurisdiction of
the Historic Districts Commission or a Neighborhood Conservation District
Commission."
Page 1 of 2
Article 29 Amend The General Bylaws
Neighborhood Conservation Districts
Part 2. Amend Chapter 78, Neighborhood Conservation Districts, Section 9(b) of the
Code of Lexington,by inserting the following text as the first line in the
section:
Anyone found in violation may be fined not more than $300 for each day such
violation continues, each day constituting a separate offense.
Part 3. Amend Chapter 78, Neighborhood Conservation Districts, Section 9(b) of the
Code of Lexington, by inserting the following text in the section:
For proposed study areas of 10 or fewer properties, the threshold requires two-thirds
of the property owners' consent.
Page 2 of 2
ARTICLE X AMEND ZONING BYLAW & MAP
COMMERCIAL & GC CHANGES
To see if the Town will vote to amend the Zoning Bylaw and Zoning Map to permit additional
uses in and amend the dimensional standards of the CRO District, to amend zoning district lines
to parcel lines, and move specific residentially-zoned parcels into the Governmental-Civic Use
District or the CRO District, or act in any other manner in relation thereto.
Inserted at the request of the Planning Board.
DESCRIPTION
The principal purpose of this article is to address the permitted uses and dimensional standards of
the CRO District, adjust the boundaries similar to the ones made for the CM District in 2009.
In the proposed motion below, the CM column is included for reference.
PROPOSED MOTION
Plain text is unchanged from the current bylaw; k � gk text is to be removed; and
underlined text is to be added.
Part 1. Zoning Bylaw Amendments
5.2.8.3 Standing signs. In particular instances the SPGA may issue special permits for
standing signs in accordance with § 5.2.11, if it is determined that the architecture of the
building, the location of the building with reference to the street or the nature of the
establishment is such that the sign should be permitted in the public interest. No
establishment shall be permitted more than one standing sign other than signs directing
traffic flow. In the CM and CRO Districts one standing sign, not to exceed 50 square feet
in area and 5 feet in height, shall be permitted by right on each lot.
10.0 Definitions
Biotech Manufacturing: Manufacturing in the fields of biotechnology, medical,
pharmaceutical,physical, biological and behavioral sciences and technology,
environmental science, toxicology, genetic engineering, comparative medicine,
bioengineering, cell biology, human and animal nutrition including the production of
equipment, apparatus, machines and devices for research, development, manufacturing
and advance and practical application in any such field or area.
Amend Table 1, Permitted Uses and Development Standards
CRO CM
H.1.01 Beauty parlor,barber shop _N Y Y
H.1.02 Laundry or dry cleaning pickup station with processing done
elsewhere; laundry or dry cleaning with processing on the premises, _N Y Y
self-service laundromat or dry cleaning
H.1.03 Tailor,dressmaker,shoe repair _N Y Y
H1.06 Bank or Credit Union with drive-up window or auto-oriented branch �w Y Y
bank
1
CRO CM
1.1.03 Food,not intended for consumption on the premises;includes grocery N SP SP
store,but not a takeout or fast-food service
1.1.07 Other retail goods such as books,stationery,drugs,sporting goods,
jewelry,photographic equipment and supplies,flowers,novelties, N Y Y
cards,footwear,and the like which are typically of a size that a —
customer can carry by hand
12.01 Stores with more than 2,000 square feet of floor area per N SP SP
establishment
12.02 Sales or rental conducted in part outdoors with permanent display of N SP SP
products during non-operating hours
J.1.06 Hotel,motel �W Y Y
K.1.02 Indoor athletic and exercise facilities,weight reduction salon _N Y Y
N.1.04 Biotech Manufacturing Y Y
0.1.10 Ground mounted solar energy systems N R R
Amend Table 2, Dimensional Controls
CRO CM
Minimum lot area 5 AC 3 AC
Minimum lot frontage in feet 300(f 200
Minimum front yard in feet(a),(b),(h) 100(f 25
Minimum side yard in feet 50(f 25(f)
Minimum rear yard in feet 50(f 25(f)
Minimum side and rear yard adjacent to,or front yard across the street from a 100 Lf 100(f)
residential district in feet
Maximum nonresidential floor area ratio(FAR) 8.4-5� 0.35(f)
0.35
Maximum site coverage �S°�NR NR
Public and institutional buildings,maximum height:
In stories:
In feet: 4 NR NR
45(f 65(f)
Other buildings,maximum height:
In stories: 4 NR NR
2
In feet: 45Lf 65(f)
As used in the Schedule of Dimensional Controls, symbol "NR"means no requirements, "AU means
acres, "SF"means square feet, and"feet"means linear feet.
a. Where lawfully adopted building lines require yards in excess of these requirements, the
building line shall govern.
b. The minimum front yard for any other street,which is not the frontage street(see
definition), shall be 2/3 of that required for the frontage street. In the case of
nonresidential uses located in the RO, RS, or RT Districts (see Table 1) or for uses
located in the CM and CRO Districts, the minimum front yard facing all streets shall be
the same as that for the frontage street.
c. Except ten-foot yard on Muzzey Street,Raymond Street, Vine Brook Road and Wallis
Court for lots abutting these streets.
d. For institutional uses (see Table 1)the minimum setback for a building shall be the
greater of 25 feet or a distance equal to the height of the building as defined in § 4.3. For
other nonresidential uses (see Table 1),increase the required side yard to 20 ft.plus one
ft. for every '/z acre (or fraction thereof) over'/z acre lot area.
e. Applicable only to uses permitted by special permit.
f. This limit may be waived by special permit.
g. For institutional uses (see Table 1), the maximum floor area ratio shall be 0.25.
h. Along the southwesterly side of Bedford Street between the Northern Circumferential
Highway (Route 128) and Hartwell Avenue there shall be a front yard of 233 feet
measured from the base line of Bedford Street as shown on the Commonwealth of
Massachusetts layout 4689, date June 3, 1958, and shown as auxiliary base line "F on the
State Highway Alteration layout 5016, dated August 30, 1960.
Part 2. Zoning Map Amendments
See Attachment 1 for the proposed Zoning Map amendments
3
AGENDA ITEM SUMMARY
LEXINGTON JOINT BOARD OF SELECTMEN AND PLANNING BOARD MEETING
AGENDA ITEM TITLE:
Anticipated Adjournment Time
PRESENTER: ITEM
NUMBER:
SUMMARY:
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
1/5/2017 8:30 p.m.
AGENDA ITEM SUMMARY
LEXINGTON JOINT BOARD OF SELECTMEN AND PLANNING BOARD MEETING
AGENDA ITEM TITLE:
Next Meeting Information
PRESENTER: ITEM
NUMBER:
SUMMARY:
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
1/5/2017