HomeMy WebLinkAbout2017-03-22 BOS Packet - Released SELECTMEN'S MEETING
Wednesday, March 22, 2017
Selectmen's Meeting Room
6:00 PM
AGENDA
PUBLIC COMMENTS
Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is
limited to 3 minutes for comment. Members of the Board will neither comment nor respond, other than to
ask questions of clarification. Speakers are encouraged to notify the Selectmen's Office at 781-698-4580
if they wish to speak during public comment to assist the Chairman in managing meeting times.
SELECTMAN CONCERNS AND LIAISON REPORTS
TOWN MANAGER REPORT
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Article 30-Review by Appropriation Committee 6:05 p.m.
2. Application for a Common Victualler License- Great Harvest Bread 6:10 p.m.
3. Update- Zoning Articles for ATM 2017 6:15 p.m.
-Planning Board to join Board of Selectmen's Meeting
4. Article Positions & Presenters ATM 2017 & STM 2017-1 7:00 p.m.
CONSENT AGENDA
1. Approve One-Day Liquor License-LHS Baseball Boosters
ADJOURN
1. Anticipated Adjournment 7:15 p.m.
The next meeting of the Board of Selectmen is scheduled for Monday, March 27, 2017 at 6:00 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 LexMedia
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Article 30-Review by Appropriation Committee
PRESENTER: ITEM
NUMBER:
John Bartenstein, Chairman,
Appropriation Committee I.1
SUMMARY:
John Bartenstein, Chair,Appropriation Committee will provide a review of Article 30 to the Board. Article 30
requests the acceptance of a $1,000 increase in the maximum base amount upon which a retiree's cost-of-living
adjustment is calculated.
SUGGESTED MOTION:
N/A
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
3/22/2017 6:05 p.m.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Application for a Common Victualler License- Great Harvest Bread
PRESENTER: ITEM
NUMBER:
Suzanne Barry, Chair
1.2
SUMMARY:
The Board is asked to consider a request for a Common Victualler License from Great Harvest, 233
Massachusetts Avenue for the hours of Mon-Fri 7:30 a.m. to 6 p.m. and Sat. 8 a.m. - 5 p.m. All application
requirements have been fulfilled by the applicant.
SUGGESTED MOTION:
Motion to approve a Common Victualler License for Great Harvest, 233 Massachusetts Avenue with the hours
as proposed.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
3/22/2017 6:10 p.m.
ATTACHMENTS:
Description Type
D Cd oat Broad C'a,utiimnr,ViicttraHerr Backup Matorrinl
Paid $25.00
check# 2705
Jg MORIy�HG U U
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TOWN OF LEXINGTON FEB 2 4 2017
4 nw A SELECTMEN'S OFFICE
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APRIL 7QTH
LFxING`r0 APPLICATION FOR I S.�LECTMEN
COMMON VICTUALLER LICENSE
The Board of Selectmen issues Common Victualler licenses to establishments that cook, prepare
and serve food at tables. Please fill in this form completely and return to the Selectmen's Office
along with a check for $25.00 made payable to the Town of Lexington, the Workers' Compensation
Insurance Affidavit form, and the declaration page of your workers compensation insurance policy.
CORPORATE NAME: V-4+j IbG4 cttv .. j Kr,
D/B/A: GouA ef�b
ON-SITE MANAGER NAME AND PHONE NUMBER:
BUSINESS ADDDRESS: Z3-S KA d. a.-C,G L _V-5 ,An2:e, L�2V—.
EMAIL ADDDRESS: in C 0
HOURS: M 0(\J f�eA 1 '(� i 5�-4- R a 1AA - �^-►
ADDITIONAL INFORMATION:
Federal Identification No. or
Authorized Signature
Social Security Number
IV�c� /
Print Name Z 9 / x 7
Date
Submit to Selectmen's Office:
1. Application
2. Check for $25.00 (payable to Town of Lexington)
3. Workers' Compensation Insurance Affidavit (including copy of policy
Declaration page or Certificate of Insurance)
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Update - Zoning Articles for ATM 2017
PRESENTER: ITEM
NUMBER:
Suzanne Barry, Richard Canale,
Planning Board 1.3
SUMMARY:
The Board of Selectmen will receive an update on the following ATM 2017 General Bylaw articles and Zoning
Bylaw articles. The attached reports and motions are currently in draft form and subject to revision as
indicated:
General Bylaws
. Article 33 Scenic Road Designations (completed report)
. Article 34 Prohibit Blasting(completed motion; still TBD if goes forward to Town Meeting)
Zoning Bylaws
. Article 40 Amend Section 6.9 Special Permit Residential Developments (draft motion;public hearing
continued to date certain April3rd)
. Article 41 Revise Definitions (draft report)
. Article 42 Two-Family Homes (draft motion;public hearing closed but ongoing deliberation amongst
Planning Board members)
. Article 43 Economic Development Refinements (draft motion;public hearing closed but ongoing
deliberation amongst Planning Board members)
Zoning Bylaws (Citizen Petitions)
. Article 44 Amend Brookhaven(nothing at this time)
. Article 45 Amend Balanced Housing Developments (draft motion; not sure if citizens are attempting to
re-draft article)
. Article 46 Medical Marijuana(completed report; amended motion from citizen's original petition)
SUGGESTED MOTION:
N/A
FOLLOW-UP:
BOS
DATE AND APPROXIMATE TIME ON AGENDA:
3/22/2017 6:15 p.m.
ATTACHMENTS:
Description Type
D A rtA3 Roport Scenic Roads, Backup Matarrinl
D Art 4 Bk1 thigTM Pirohilll'rition.. Backup Matarrinl
D Art4I0 BaclkupMatarrinl
D Art 4II Roviso Doff ition s Roport 20117 Backup Matarrinl
D Art A7 '➢'m)Fannnlr(y Backup Matarrinl
D Art 4.fi BaclkupMatarrinl
D ARt 4"n Q V 7 Q'na a>s;ar 8 Mantis nr. Backup Matarrinl
D Art.Mr Roport C'itiravnr",Ma.r fl M Backup Matarrinl
Town of Lexington
" PLANNING BOARD
n Richard L. Canale,Chair
1625 Massachusetts Avenue Ginna Johnson,Clerk
Lexington,MA 02420 Nancy Corcoran-RonchettiL I Tel(781)698-4560 Bob Creech
APRI
plar�(ailexingtonnia.gov Charles Hornig
www.lexingtoiniia.�ov/121alu-ing Michael Leon,Associate
REPORT TO THE 2017 ANNUAL TOWN MEETING
ON ARTICLE 33 - SCENIC ROADS
RECOMMENDATION
At its meeting of March 8, 2017, the Planning Board voted four to zero to recommend
APPROVAL of Article 33.
This report was accepted by a vote of four to zero on March 15, 2016.
As he lives on a nominated street, Mr. Canale recused himself from participation on this article.
DESCRIPTION
The purpose of adopting this law is to provide the community, through the Planning Board, an
opportunity to review the repair, maintenance, reconstruction, or paving work done with respect
to scenic roads, including work that involves the destruction of stone walls incidental to
roadwork on accepted town roads that have been designated scenic roads. This review is
applicable to both private and public projects.
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 and public shade trees on scenic roads must combine the public hearing required by both
statutes.
Should Town Meeting approve this article, the Board intends to draft regulations giving guidance
to applicants.
PUBLIC OUTREACH
As public hearings are not required for General Bylaws, the Board held a public information
session on January 18, 2017, in Battin Hall, in the Cary Memorial Building. The Board
presented the proposed motion and answered a few questions on the article. After deliberations,
the Board removed Bennington Street from the list based on objections from residents of the
street. This underscores the Board's desire to not impose this on any residents that feels strongly
against Scenic Road nomination. All properties on the nominated streets were informed of the
Board's intentions. Opposition was very limited on all other streets.
1
Planning Board Report on Article 33 - Scenic Roads
Page 2
PROPOSED MOTION
a) In accordance with Massachusetts General Laws Chapter 40 Section 15C, the Town
designates the following roads as Scenic Roads:
• Fern Street(entire length)
• Shade Street(entire length)
• Vine Street(entire length)
b) Add the following section to the General Bylaws:
§ 100-14. Scenic Roads.
Any person violating the provisions of Massachusetts General Laws Chapter 40, Section
15C, applicable to repair, maintenance, reconstruction, or paving work done to the following
roads designated as Scenic Roads within the Town of Lexington shall be subject to penalties
under Chapter 1, § 1-6 of the General Bylaws:
o Fern Street(entire length)
o Shade Street(entire length)
o Vine Street(entire length)
The Planning Director is authorized to enforce the provisions of this General Bylaw 100-14
under Chapter 1, § 1-6 of the General Bylaws. Any other legal enforcement action shall be
determined by the Planning Board in consultation with the Planning Board and Town
Counsel.
c) Add the following to Chapter 1, § 1-6(B) of the General Bylaws at the end of the subsection
entitled "Chapter 100, Public Ways and Places."
§ 100-14, Violation of Scenic Roads Bylaw, fine schedule:
1st offense: $100.
2nd offense: $200.
3rd and subsequent offenses: $300 per violation.
ARTICLE 34 AMEND GENERAL BYLAWS -BLASTING PROHIBIITION
To see if the Town will vote to amend the Town code to prohibit the use of explosives in
construction site work, with exceptions granted by the Board of Selectmen for municipal utility
work and other municipal projects.
(Inserted at the request of the Planning Board)
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. This article would prohibit
blasting, except when specifically allowed by the Board of Selectmen.
PROPOSED MOTION
Insert the following new subparagraph § 43-1 in Chapter 43: Earth Fill and Removal of the
Town's General Bylaws:
§43-1 Prohibition of blasting; exceptions.
The use of explosives or"blasting" during site excavation and construction is prohibited in the
Town of Lexington, unless authorized by the Board of Selectman.
Renumber subsequent paragraphs as required.
ARTICLE 40 AMEND ZONING BYLAW
SPECIAL PERMIT RESIDENTIAL DEVELOPMENTS
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 Planning Board)
DESCRIPTION
This article proposes a substantial revision to the way the bylaw regulates discretionary
residential development, authorized under § 6.9 of the Zoning Bylaw. The proposal
addresses concerns with the current Balanced Housing Development option, a development
option that regulates the overall gross floor area of a development rather than the number of
dwelling units within the development.
The proposal amends the bylaw in four key ways.
l. The existing Site Sensitive Development(SSD), Balanced Housing Development
(BHD), and Public Benefit Development(PBD) special permit types are replaced
with one special permit type, making the permitting process less complex. Under
today's rules, these are separate filings, making it difficult to transform a BHD
project into a SSD or PBD. Under this proposal, all options are on the table. This
model starts with the same number of units as conventional zoning permits and
allows additional units under specified circumstances.
2. The total Gross Floor Area(GFA) on site is reduced to a percentage of that allowed in
a conventional development.
3. GFA limits for individual dwelling units are reduced.
4. A cap is placed on the number of dwelling units that will be allowed on a site.
PROPOSED MOTION
That the Zoning Bylaws of the Town be amended as follows:
Part 1. Amend§ 135-3.4, 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 a i,,,,ee 4ottsi+ig de of rme + r„ lie be of;+developmepA,s4e s;+;.
de
SP SP SP
Special Permit Residential Development
Part 2. Delete and replace the definition of"Special Permit Residential
Development" in § 135-10 with the following:
AMEND ZONING BYLAW ARTICLE 40
SPECIAL PERMIT RESIDENTIAL DEVELOPMENTS
PAGE 2 OF 6
A Special Permit Residential Development(SPRD) allows for a departure from
conventional subdivision dimensional standards. The maximum amount of
residential development for the tract as a whole is based on calculations derived
from a conventional subdivision plan for the same tract of land.
Part 3. Delete the definitions of`Balanced Housing Development," "Public Benefit
Development," and "Site Sensitive Development" in § 135-10.
Part 4. Replace § 135-6.9, Special Permit Residential Developments,with the
following:
6.9 SPECIAL PERMIT RESIDENTIAL DEVELOPMENTS
6.9.1 Purpose. Special Permit Residential Developments (SPRDs) 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. Minimize disturbance of existing topographical features of open land;
3. Promote the efficient and economical provision of facilities such as complete
streets;
4. 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;
5. Encourage 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;
6. Encourage the development of affordable and work force housing; and
7. Increase the number of dwelling units listed on the state's Subsidized Housing
Inventory.
6.9.2 Development Standards.
1. The requirements of§ 4.0 are modified as follows for SPRDs permitted pursuant
to this § 6.9:
a. Sections 4.1.4 (one dwelling per lot), 4.2.2 (lot regularity) and 4.2.3
(developable site area) do not apply.
b. 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.
c. Frontage. There is no minimum frontage required,provided the frontage
proposed for each lot provides adequate access to the buildings on the lot.
d. Site coverage. The maximum site coverage limit in Table 2 does not apply.
ARTICLE 40 AMEND ZONING BYLAW
SPECIAL PERMIT RESIDENTIAL DEVELOPMENTS
PAGE 3 OF 6
e. Yard requirements. The yards required by § 4.0 do not apply within the site,
but do apply to the perimeter of the site.
2. Qualified proof plan lots. Lots on the proof plan must have a contiguous lot
area not including any yards required in the district, banks, freshwater
wetlands, bogs, marshes, wet meadows, swamps, creeks, rivers, streams,
ponds, lakes, vernal pool habitats, land under water bodies, or land subject to
flooding; and not including 50% of any land less than one hundred (100)feet
from the edge of any of the above; of at least 5,000 SF to be considered
qualified when calculating the total GFA or dwelling unit count.
3. The table below sets forth the standards for number of dwelling units, total
gross floor area(GFA), dwelling unit size, and common open space that
govern SPRDs. During the special permit application process,the SPGA and
applicant determine,jointly, which development options (depicted as rows in
the table below), if any, are appropriate for the site. These options may not be
blended.
Maximum Maximum Minimum Minimum Minimum
Unit Multiplier Percentage Percentage Percentage Percentage
Total GFA <2,100 SF <2,700 SF Open Space
1.0 100% 0% 0% 0%
1.5 90% 25% 50% 33%
1.6 90% 25% 50% 33%
1.8 90% 25% 50% 33%
2.0 80% 25% 50% 37%
2.2 80% 28% 55% 40%
2.4 70% 30% 60% 45%
2.6 70% 33% 66% 50%
2.8 70% 70% 0% 52%
3.0 62% 0% 0% 55%
6.9.3 Gross Floor Area Standards. The total GFA of all buildings in a SPRD may not
exceed the total GFA permitted under § 4.4 for qualified lots shown on the proof plan
multiplied by the selected"Percentage Total GFA".
6.9.4 Dwelling Unit Standards.
1. Countable dwelling units. For the purpose of these dwelling unit standards,
proposed affordable housing units and basic accessory apartments shall not be
counted.
2. Dwelling unit count. The total number of countable dwelling units may not
exceed the selected "Unit Multiplier" multiplied by the number of qualified lots
shown on the proof plan.
3. Dwelling unit size.
AMEND ZONING BYLAW ARTICLE 40
SPECIAL PERMIT RESIDENTIAL DEVELOPMENTS
PAGE 4 OF 6
a. At least the selected"Percentage <2,100 SF" and"Percentage<2,700 SF" of
the countable dwelling units must be smaller than the indicated GFA.
b. No dwelling unit may have a larger GFA than the largest GFA permitted by §
4.4 for any proof plan lot.
4. Affordable Housing Units. For SPRDs with a selected"Unit Multiplier" greater
than 1.0, at least 11.5% of the countable dwelling units must be eligible for
inclusion on the Massachusetts Department of Housing and Community
Development's Subsidized Housing Inventory (SHI).
a. Where this calculation results in a fractional dwelling unit less than 0.5, the
applicant may either provide an eligible dwelling unit or make a contribution
to the Town of Lexington for affordable housing purposes 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.
b. The development may not be phased such that affordable dwelling units are
the last units to receive a Certificate of Occupancy.
5. Example. Any remainder in the dwelling unit breakdown is rounded up. For
example, a proposed development plan on a five-lot proof plan with a Unit
Multiplier of 1.8 would result in one affordable dwelling unit, an affordable
housing payment for .035 of a dwelling unit, three dwelling units less than 2,100
square feet, two additional dwelling units less than 2,700 square feet, and four
additional dwelling units less than 7,030 SF in the RS or RT districts, or 9,350 SF
in the RO district.
6.9.5 Common Open Space Standards.
1. At least the selected"Percentage Open Space" of the developable site area in a
SPRD must be reserved as common open space.
2. 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.
3. Location; condition. Where required or provided, common open space must be in
one or more parcels of a size and shape appropriate for the intended use and
available for use by all occupants of the development. The SPGA may require that
a portion of the common open space be open to the public.
4. 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;
b. A legal association comprised of the owners of the development, which may
include homeowners or owners of condominium or cooperative units; or
c. A nonprofit organization, the principal purpose of which is the conservation of
open space.
ARTICLE 40 AMEND ZONING BYLAW
SPECIAL PERMIT RESIDENTIAL DEVELOPMENTS
PAGE 5 OF 6
5. 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 park land.
6.9.6 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 is 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.
6.9.7 Compliance with Other Rules and Regulations. The construction of community
services, such as utilities, streets, and interior drives must comply with the
requirements of the Planning Board's Subdivision Regulations.
6.9.8 Types of Dwellings. The SPGA may, as part of the grant of a special permit, allow
the following types of dwellings:
1. One-Family Dwellings
2. Two-Family Dwellings
3. Townhouse and Multifamily Dwellings
4. Accessory Apartments (all types)
6.9.9 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. 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. 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.
6.9.10 SPGA. The Planning Board is the SPGA for all special permit residential
developments. The Planning Board may grant any special permits that are required
AMEND ZONING BYLAW ARTICLE 40
SPECIAL PERMIT RESIDENTIAL DEVELOPMENTS
PAGE 6 OF 6
for the special permit residential development, notwithstanding provisions of this
Bylaw designating a different SPGA.
6.9.11. 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 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;
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; and
7. To the extent practicable, sustainable development techniques, including green
buildings, have been utilized.
Town of Lexington
PLANNING BOARD
Richard L. Canale,Chair
1625 Massachusetts Avenue Ginna Johnson,Clerk
1� Lexington,MA 02420 Nancy Corcoran-Ronchetti
Tel(781)698-4560 Bob Creech
Yr 1 plannin a)lexingtoinna.�ov Charles Hornig
wwwlexingtoinna.gov/planning Michael Leon,Associate
PLANNING BOARD REPORT
TO THE
2017 ANNUAL TOWN MEETING
ON ARTICLE 41 - REVISE DEFINITIONS
RECOMMENDATION
At its meeting of March 8, 2017, the Planning Board voted, unanimously, to recommend
APPROVAL of Article 41.
This report was accepted by a unanimous vote of the Planning Board on March 8, 2016.
DESCRIPTION
The purpose of this article is to address issues identified during the implementation of the
gross floor area(GFA)requirements adopted under Article 41 of the 2016 Annual Town
Meeting. Given the attention to floor area the development process now requires it is evident
that a number of definitions must be clarified, revised, updated, or deleted to reflect the intent
of last year's article.
SUMMARY
The genesis for this article is rooted in a discrepancy between the Massachusetts Building
Code and the Town's Zoning Bylaw. The current definition of a crawl space in the Lexington
Zoning Bylaw differs from the State Building Code definition of the same. This has led to
large discrepancies in how GFA is measured in both the lowest level of and/or the top level
of newly constructed homes.
Secondarily, comparing the two codes' common terms revealed a number of other
clarifications that will assist Town Staff with implementation the Town's Zoning Bylaw and,
in particular, the requirements for gross floor area.
PUBLIC OUTREACH
Over the last year the Board held a number of public outreach events to discuss the articles it
intended to bring to the 2017 Annual Town Meeting. The first event, a community
workshop, was held in October of 2016, where a number of concepts and draft proposals
were shared with the public. This was followed up with a more formal public information
1
Planning Board Report on Article 41 —Revise Definitions
Page 2
session on January 18, 2017, in Battin Hall, in the Cary Memorial Building. Finally the
Board held the public hearing required by MGL Chapter 40A, on February 15, 2017. The
motion proposed under this article reflects the input and feedback from the public, Town
staff, and the Planning Board.
PROPOSED MOTION
Part 1.That the Zoning Bylaws of the Town be amended by deleting and replacing the
following definitions in Section 135-10.0 of the Zoning Bylaw:
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: A space between the top of the floor joists of the top story and the bottom
of the roof rafters that cannot be accessed by a stairway compliant with the building
code.
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.
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.
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 party 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 party 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
Planning Board Report on Article 41 —Revise Definitions
Page 3
story to the bottom of the roof rafters, is included in the measurement of gross floor
area. Gross floor area does not include "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 the finished surface of the floor above a basement or crawl
space is more than six feet above average natural grade, then the basement or crawl
space is considered a story.
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."
Part 3.That the effective date of the above amendments shall be July 1, 2017.
3
ARTICLE 42 AMEND ZONING BYLAW—
TWO-FAMILY HOMES
To see if the Town will vote to amend the Zoning Bylaw to permit, through special permit, two-
family dwellings in the RO and RS Districts, or act in any other manner in relation thereto.
(Inserted at the request of the Planning Board)
DESCRIPTION
This article would allow two-family homes in one principal structure, restricting one of the units
as either senior housing or affordable housing, and create site performance standards specific to
two-family homes. The goal is to encourage a diversity of more attainable housing types,
specifically senior and affordable housing units not readily available in Lexington, with minimal
impacts on existing neighborhoods or project abutters.
PROPOSED MOTION
That the Zoning Bylaws of the Town be amended as follows:
Part 1. Amend Table 1, line A1.02, as follows:
RO RS RT CN CRS CS CB CLOCROCM
A. RESIDENTIAL USES
A.1.0 PRINCIPAL RESIDENTIAL USES
A.1.01 One-family dwelling Y Y Y Y N N N t
N N
(*) see § 6.10
A.1.02 Two-family dwelling ASP* N SP* Y Y N N N N N
Part 2. Amend Table 2, footnote (e) to read:
e. Applicable only to non-residential uses permitted by special permit.
Part 3. Insert a new section, Section 6.10 of the Zoning Bylaw, Two-Family Homes in the
RO and RS Districts, as follows:
6.10 Two-Family Dwellings in the RO and RS Districts
6.10.1 Purpose. The purpose of this section authorizing two-family dwellings in the
RO and RS Districts is to:
1. Increase the number of small dwelling units available in the Town;
2. Increase the range of choice of housing accommodations;
3. Encourage greater diversity of population with particular attention to
affordable housing and senior citizens;
4. Encourage a more economic and energy-efficient use of the Town's housing
supply: and
5. Maintain the appearance and character of the Town's one-family
neighborhoods.
6.10.2 Applicability. This section applies in the RO or RS District.
6.10.3 SPGA. The Special Permit Granting Authority for Two-Family Dwellings in
the RO and RS Districts is the Planning Board.
6.10.4 Performance Standards. In addition to the dimensional controls of the RO or
RS District, the following performance standards apply:
1. One unit on the property must be deed restricted as either senior housing or
affordable unit eligible for inclusion on the Commonwealth's Subsidized
Housing Inventory.
2. Gross Floor Area. The maximum gross floor area allowed by this section
may not to exceed the amount listed in the table below:
Lot Area Max. Gross Floor Area*
(in square feet) (in square feet)
0 — 5,000 Not allowed
5,000 7,500 2,500
7,500—. 10,000 3,900
10,000 15,000 4,450
15,000 30,000 5,450
More than 30,000 5,450
* Minimum unit size is 1,250 SF
3. There may not be more than one principal structure on a lot.
4. Accessory units authorized under 6.7 of this Bylaw are prohibited in
properties granted a special permit for a two-family home.
5. The principal structure must maintain the appearance of a single-family
dwelling. Scale, design, height, and proportions should all be consistent with
the other single-family homes in the area.
6. Driveways must be shared. Only one curb cut per lot is permitted.
7. To maximize living space and pervious surface, garages are discouraged.
The total number of covered parking spaces (in a garage, a structure, a
carport, or similar) may not exceed two. Detached garages must be shared.
Garage doors may not face the street.
8. Utilities (outdoor mechanical equipment not including walkway lighting)
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.
9. Exterior lighting must be minimized and only as needed to accomplish
safety and minimize the impact on neighboring properties.
10. Noise generated by fixed plant equipment such as air conditioners,pumps,
fans, and furnaces must not impact abutters.
11. Trees. Utilities, driveways, and curb cuts must be located to preserve
existing trees and their rooting zones (including street trees and trees on
private property).
12. Siting of the dwelling may not affect the solar access of adjoining lots.
13. Above-grade utilities and mechanical equipment are not allowed between
the principal structure and the right of way, nor in any setback area.
14. Grading must be minimal and in keeping with the general appearance of
neighboring developed areas.
6.10.5 Special Permit Criteria. In addition to the performance standards described
above and those contained in § 9.4, the SPGA may grant a special permit for a
two-family dwelling in the RO and RS Districts provided that the SPGA finds
that:
1. The project design furthers the Town's housing goals and the purposes
expressed in § 6.10.1; and
2. The proposed dwelling is compatible with the scale of the neighborhood,
with special attention given to the location of driveways, garages, and
fences.
ARTICLE 43 AMEND ZONING BYLAW & ZONING MAP
AMEND GC, CM & CRO DISTRICTS
To see if the Town will vote to amend the Zoning Bylaw to permit additional uses in the CM and
CRO Districts, amend the dimensional standards of the CRO District, amend the Zoning Map to
modify zoning district lines to coincide with parcel lines, move residentially-zoned parcels into
the GC District or the CRO District, and create two new Transportation Management Overlay
Districts, one around the Forbes Road—Marrett Street area and a second around the South
Lexington commercial area(Spring Street and Hayden Avenue), or act in any other manner in
relation thereto.
(Inserted at the request of the Planning Board)
DESCRIPTION
This three part article would make changes to the permitted uses and dimensional standards of
the CRO District similar to the ones made for the CM District in 2009, as well as add a new use,
Biotech Manufacturing, in both the CM (by right) and the CRO (by special permit). Part of the
article would adjust the boundaries of existing CRO districts to coincide with lot lines and move
some adjoining residential parcels into the GC or CRO districts. The final part of the article
would create two new TMO districts similar to the one around Hartwell Avenue. One would be
located in the Forbes Road—Marrett Road area, the other in the South Lexington area(Spring
Street and Hayden Avenue).
PROPOSED MOTION, PART 1
That the Zoning Bylaws of the Town be amended as follows:
1. Amend Section 5.2.8.3, regarding Standing Signs in Commercial Districts, as follows:
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.
2. Amend Table 1, Permitted Uses and Development Standards, as described below:
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 N Y Y
on the premises, self-service Laundromat or dry cleaning
H.1.03 Tailor, dressmaker, shoe repair N Y Y
H.1.06 Bank or Credit Union with drive-up window or auto- y y
oriented branch bank
1
CRO CM
L1.03 Food, not intended for consumption on the premises;
includes grocery store, but not a takeout or fast-food N SP SP
service
I.1.07 Other retail goods such as books, stationery, drugs,
sporting goods,jewelry, photographic equipment and
supplies, flowers, novelties, cards, footwear, and the like N Y Y
which are typically of a size that a customer can carry by
hand
L2.01 Stores with more than 2,000 square feet of floor area per N SP SP
establishment
L2.02 Sales or rental conducted in part outdoors with permanent N SP SP
display of products during non-operating hours
J.1.02 Fast-food service -SP Y Y
J.1.06 Hotel, motel SW Y Y
K.1.02 Indoor athletic and exercise facilities, weight reduction N Y Y
salon
0.1.10 Ground mounted solar energy systems N R R
3. Amend Section 135-10 to insert the following definition, in the proper alphabetical order:
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.
4. Amend Table 1, Permitted Uses and Development Standards, as described below:
GC RO RS RT CN CS CB CLO CRO CM
N.1.04 Biotech Manufacturing N N N N N N N N SP Y
5. Amend Table 2, Dimensional Controls, including footnote b, as shown:
CRO CM
Minimum lot area 5 AC(f) 3 AC
Minimum lot frontage in feet 300(f 200
2
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 100Lf 100(f)
residential district in feet
Maximum nonresidential floor area ratio(FAR) 44-5�0.35 0.35(f)
Maximum site coverage 2-SO4o-NR NR
Public and institutional buildings,maximum height:
In stories: 4 NR NR
In feet: 45(f 65(f)
Other buildings,maximum height:
In stories: 4 NR NR
In feet: 45Lf 65(f)
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.
PROPOSED MOTION, PART 2
That the Zoning Map of the Town be amended as follows:
1. List of Parcels to be Rezoned From RO to GC:
31-65A 524A 67-28
31-65B 52-5 91-1 C*
44-2 52-14A
2. List of Parcels to be Rezoned From RO to CRO:
17-5B 43-7
35-6 44-1A
3. List of Parcels to be Rezoned From CRO and RO to CRO only:
17-19
Appendix A depicts the Map changes associated with this part of the Article. * -Parcel 2 from
the Wright Farm ANR...
PROPOSED MOTION, PART 3
That the Zoning Map of the Town be amended as follows:
1. List of Parcels included in the Forbes Road—Marrett Street TMO District:
3
5-26 43-8 52-1C
5-28 43-9C 52-5
5-29 43-9D 52-713
35-6 44-1A 52-813
43-23 44-2 52.2313
43-35 51-56A
43-7 52-1B
2. List of Parcels included in the South Lexington TMO District:
12-3 17-19 18-12
12-4 17-20B 18-15D
12-11 17-21A 18-15E
12-13A 17-22 18-15F
12-13B 18-213 18-15G
16-1A 18-313 19-1A
16-1C 184A 19-9
16-413 18-10 25-15H
17-513 18-11 26-44E
Appendix B depicts the Map changes associated with this part of the Article.
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ARTICLE 45 AMEND ZONING BY-LAW—BALANCED HOUSING DEVELOPMENTS
(Citizen Article)
To see if the Town will vote to amend the Zoning Bylaw related to balanced housing
developments in order to return greater oversight to Town Meeting, or act in any other manner in
relation thereto.
(Inserted at the request of William Rhodes and nine residents)
DESCRIPTION
This article proposes changes to improve the rigor of the review process of BHDs that have
multi-faceted impacts to the town, including infrastructure, traffic, fiscal/budgetary and
environmental, which are in some cases outside the purview of the Planning Board. As a result,
these proposals should be studied with scrutiny by a larger town-wide body more representative
of the voters' interests before approval. In addition much of the balanced housing, town houses
and smaller housing that have been developed using special or balanced permits are unaffordable
by state standards. We believe if the current permitting trend is allowed to continue, it will
negatively impact the residential, conservation, historical and economic environment of
Lexington.
PROPOSED MOTION
That the Zoning Bylaws of the Town be amended as follows:
6.9.2 Applicability. A special permit residential development is a project in which one or
more lots, tracts, or parcels of land are to be improved for use as a coordinated site for
housing. No special permit residential development shall be initiated without first
obtaining a special permit in accordance with the provisions of this section. No special
permit shall be issued for a balanced housing development(BHD), as defined below,
unless the preliminary site development and use plan for the proposed BHD have first
been approved by vote of town meeting pursuant to and in accordance with the
procedures set forth in Section 7.3 of the Zoning ByLaw of the Town of Lexington,
Massachusetts for planned development districts. The purpose of the special permit is to
provide detailed review of residential developments that have a substantial impact upon
the character of the Town, adjacent residential areas and the provision of public facilities
and services.
Town of Lexington
" PLANNING BOARD
n Richard L. Canale,Chair
1625 Massachusetts Avenue Ginna Johnson,Clerk
Lexington,MA 02420 Nancy Corcoran-RonchettiL I Tel(781)698-4560 Bob Creech
APRI
plar�(ailexingtonnia.gov Charles Hornig
www.lexingtoiniia.�ov/121alu-ing Michael Leon,Associate
REPORT TO THE 2017 ANNUAL TOWN MEETING
ARTICLE 46 - MEDICAL MARIJUANA
RECOMMENDATION
At its meeting of March 15, 2017, the Planning Board voted, unanimously, to recommend
DISAPPROVAL of Article 46 as originally proposed. The Board however, does intend to offer
an amendment to the motion and urges Town Meeting to APPROVE Article 46 as amended.
This report was accepted by a unanimous vote of the Planning Board on March 15, 2017.
DESCRIPTION
This article seeks to improve the town zoning bylaw by allowing more appropriate local siting of
state-registered medical marijuana dispensaries for each of their three distinct organizational
processes. It would delete the definition of"Medical Marijuana Treatment Centers" and insert
definitions for"Medical Marijuana Cultivation Center" and "Medical Marijuana Processing
Center." Table 1 would be amended to provide for these uses and for"Medical Marijuana
Distributions Center" in certain districts.
SUMMARY
The sponsors of this article are trying to address two aspects of the Town's current land use
policies around Medical Marijuana. The first focuses on the definitions associated with medical
marijuana. Our current bylaw summarizes the three regulated aspects of medical marijuana in
two definitions. The proposal brings our Bylaw into closer alignment with the State's permitting
processes. The Board is comfortable with this aspect of the proponents' motion.
The second part of the motion seeks to expand the opportunities for these the three phases of
medical marijuana, both by right and special permit. The Board does not agree with this
expansion of rights and bases its opposition to the motion, as drafted, on this aspect of the
petition.
The Board urges the proponents to consider amending or substituting their motion for that
offered by the Board below. If this does not occur, the Board will seek the substitution itself.
PUBLIC OUTREACH
The Board held the required public hearing for this petition on March 1, 2017. The proponent of
the article also presented to the TMMA Information Meeting on March 9, 2017.
1
Planning Board Report on Article 46—Medical Marijuana
Page 2
PROPOSED AMENDED MOTION
1. Delete in Definitions §135-10.0: "Medical Marijuana Treatment Centers".
2. Insert in Definitions §135-10.0 after"Medical, dental, or psychiatric offices" the following
definition: Medical Marijuana Cultivation Center(MMCC) —A not-for-profit establishment,
registered as a Registered Marijuana Dispensary (RMD) in accordance with Massachusetts
law, that acquires, cultivates,possesses, transfers, and transports: marijuana,products
containing marijuana, and related supplies.
3. Insert in Definitions §135-10.0 after"Medical Marijuana Distribution Center" the following
definition: Medical Marijuana Processing Center (MMPC)—A not-for-profit establishment,
registered as a Registered Marijuana Dispensary (RMD) in accordance with Massachusetts
law, that acquires,possesses,processes (including development of related products such as
edible marijuana infused products [MIPs], tinctures, aerosols, oils, or ointments), transfers,
and transports: marijuana,products containing marijuana, and related supplies.
4. Insert in Part C of Table 1 "Principle Agricultural and Natural Resource Uses," after line
C.1.06, a new line C.1.07 so that the amended section of Table 1 will now appear as follows:
GC RO RS RT CN CRS CS CB CLO CRO CM
C.PRINCIPAL AGRICULTURAL AND NATURAL RESOURCE USES
C.1.0 AS PRINCIPAL USE
C.1.07 Medical Marijuana. N N N N N N N N N N Y
Cultivation Center
5. Replace in Part I of Table 1 "Permitted Uses and Development Standards," in line I.1.013, so
that the amended section of Table 1 will now appear as follows:
GC RO RS RT CN CRS CS CB CLO CRO CM
L SALES OR RENTAL OF GOODS AND EQUIPMENT
L1.0 AS PRINCIPAL USE
L1.07 Medical Marijuana. N N N N N N N N N N Y
Distribution Center
6. Replace in Part N of Table 1 "Permitted Uses and Development Standards," line N.1.03 so
that the amended section of Table 1 will now appear as follows:
GC RO RS RT CN CRS CS CB CLO CRO CM
N.MANUFACTURING USES
N.1.0 AS PRINCIPAL USE
N.1.03 Medical Marijuana Processing N N N N N N N N N N Y
Center
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Article Positions & Presenters ATM 2017 & STM 2017-1
PRESENTER: ITEM
NUMBER:
Suzanne Barry
1.4
SUMMARY:
Continued Board discussion regarding:
• Assignment of Articles to Selectmen
• Selectmen positions on Articles
• Proposed Consent Agenda Articles
SUGGESTED MOTION:
N/A
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
3/22/2017 7:00 p.m.
ATTACHMENTS:
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve One-Day Liquor License-LHS Baseball Boosters
PRESENTER: ITEM
NUMBER:
Suzanne Barry, Chairman
C.1
SUMMARY:
LHS Baseball Boosters is requesting a One-Day Alcohol License for the purpose of a fundraiser to be held at
the Lexington Depot at 13 Depot Square, Lexington, MA on April 8, 2017 from 7:00 p.m. to 10:30 p.m.
SUGGESTED MOTION:
Motion to approve the consent agenda.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
3/22/2017
ATTACHMENTS:
Description Type
�`OVS MoRfilNO
op
0 .1 _; TOWN OF LEXINGTON
$ wrn SELECTMEN'S OFFICE
APRIL I9TH
LExIN°T°� APPLICATION FOR
ONE—DAY LIQUOR LICENSE
The Board of Selectmen issues one-day liquor licenses to for-profit and non-profit organizations
that serve liquor and charge either a cover charge or for each drink. Please fill in this form
completely and return to the Selectmen's Office along with a check for$25.00 made payable to the
Town of Lexington.
BUSINESS/FUNDRAISING ORGANIZATION:
CONTACT NAME AND NUMBER:
ADDRESS FOR MAILING: _ c; 3 3L/�"�Q ��f
EMAIL ADDRESS: '$'ct, /
TITLE/PURPOSE OF EVENT: `ylJ�� s-�,.-
LOCATION AND ADDRESS:
DATE OF FUNCTION: 14 V 7 ,
TIMES OF FUNCTION: 7: Oo7r►2
TYPE OF LIQUOR TO BE SERVED: Q,2�'
DATE AND TIME WHEN LIQUOR DELIVERED: _-5,' DD,�ry�.
DATE AND TIME WIN LIQUOR REMOVED: %/ : D� �ti•.�
ADDITIONAL INFORMATION:
Y16-orized Si nature Federal Identification No. or
Social Security Number