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HomeMy WebLinkAbout2018-03-07 BOS Packet - Released SELECTMEN'S MEETING Wednesday, March 7, 2018 Town Office Building, 1625 Mass Avenue, Selectmen's Meeting Room 7:00 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. Discuss Selectmen's Communication Protocol(10 min.) 7:05 p.m. . Email Addresses . Responding to Email • Office Hours 2. Review Potential Consent Agenda Warrant Articles (15 min.) 7:15 p.m. 3. Update-ATM 2018 Warrant Article 21 -Appropriate to Reimburse Resident for 7:30 p.m. Sewer Backup (15 min.) 4. Update-ATM 2018 Warrant Article 34 -Amend General Bylaw: Make Lexington a 7:45 p.m. "Welcoming, Inclusive, Safe Community" (15 min.) 5. Update-ATM 2018 Warrant Article 45 -Amend Historic Districts Commission 8:00 P.M. SpecialAct(15 min.) 6. Update-ATM 2018 Warrant Article 44 -Amend the General Bylaws- Demolition 8:15 p.m. Delay(5 min.) 7. Update-ATM 2018 Warrant Article 10 - CPA Projects (25 min.) 8:20 p.m. 8. Update- Community Center Sidewalk Plan(15 min.) 8:45 p.m. 9. FY2018 Second Quarter Budget Review(15 min.) 9:00 P.M. 10. Board Discussion Regarding ATM Article 38-Zoning Change for Marrett @ Spring 9:15 p.m. Commercial District(10 min.) 11. ATM 2018 Article Positions & Presenters (5 min.) 9:25 p.m. 12. Future Meeting Dates (5 min.) 9:30 p.m. 13. Selectmen Committee Appointments/Reappointment(5 min.) 9:35 p.m. CONSENT AGENDA 1. Water& Sewer Commitments and Adjustments 2. Approve One-Day Liquor License ADJOURN 1. Anticipated Adjournment 9:45 p.m. The Board of Selectmen will have a Joint Meeting with the Planning Board on Thursday, March 8, 2018 at 7:00 p.m. in the Cafeteria, Hadley Public Services Building, 201 Bedford Street. A Joint Executive Session Meeting with Board of Selectmen and the School Committee is scheduled for Monday, March 12, 2018 at 6:00 p.m. in the Selectmen Meeting Room, Town Office Building, 1625 Massachusetts Avenue. The next regularly scheduled meeting of the Board of Selectmen is scheduled for Monday March 12, 2018 at 7:00 p.m. in the Selectmen's Meeting Room, Town Office Building, 1625 Massachusetts Avenue. Hearing Assistance Devices Available on Request � All agenda time and the order of items are approximate and IlJ � 111a subject to change. Recorded by LexMedia AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Discuss Selectmen's Communication Protocol (10 min.) PRESENTER: ITEM NUMBER: Board Discussion I.1 SUMMARY: Board will have a discussion regarding Selectmen Email addresses and protocol for Email communication to public. Board will also review office hours for Selectmen. Ms. Katzenback and Ms. Sanders, BOS Office Staff, willbe in attendance to take part in the discussion. SUGGESTED MOTION: N/A FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 3/7/2018 7:05 p.m. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Review Potential Consent Agenda Warrant Articles (15 min.) PRESENTER: ITEM Board Discussion with John NUMBER: Bartenstein,AC and Charles Lamb, C 1'2 EC SUMMARY: No vote is requested for this agenda item. The Board will review with the Chairmen of the Appropriation Committee and Capital Expenditures Committee potential Annual Town Meeting Articles that could be presented on the Consent Agenda. SUGGESTED MOTION: FOLLOW-UP: Once a consensus is reached, forward recommendations to Town Moderator Deborah Brown. DATE AND APPROXIMATE TIME ON AGENDA: 3/7/2018 7:15 p.m. ATTACHMENTS: Description Type IMS Cbnrsonrt Arrtrk,k>,, Rackup Matorrian ❑ C'kC'CbnrsontArrtYa,k>,, RackupMatorrian AC,Cbnrsont Arrtrk,k>,, Rackup Matorrian 2018 Annual Town Meeting Potential Consent Agenda Articles Board of Selectmen Reviewed . 1 ra ,)ruory.22, ....... ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ................... Article 6: Appropriate for Senior Service Program Article 7: Appropriate for Advice and Analysis-Getting to Net Zero Article 10a: CPA Conservation Land Acquisition (IP) Article 10k: CPA Debt Service Article 101: CPA Administrative Budget Article 15: Recreation Capital Article 17: Water Capital Article 18: Wastewater Capital Article 27: Appropriate to Stabilization Fund (IP?) Article 28: Appropriate from Debt Service Stabilization Fund U) U +'.. ,.,, U E E tr E O � a can) ° o E ° E E E E ° E E E E E E E E E E °°„ : L CC: O p O O O O p O O O O O O O O O O U L c>30- E as as Eaaaaa aaaaa a) O U o 41 w w 41 V U) c bA C „.. O U CK O > N O L n. w Q i, O 41 O >' U) [� N C: r a) E C O O U "C' E O Z C "_ E U a) mp2 E � o d O O a) O (6) a) E C N 4- O a) U L 0. 0 > — p — a) m _0dd CO E Ud a) y U L �O y.i U a� a) •U •U Q L •U N Q O c O c>3 L E c>3 c>3 -0 CO L a� a o,o g °� ma u) o c a) v) w U) a ° �' �','-t Q a ... a) a) U c v) a) >o a) U c c QN O U C a) p E L U a) a 0 (6 UJ p ) ° U) m m E m a co co 0 E E Lfu � w � � � � a) = 0 � E � � � a � a) Oa) UO `°:� E �\ G> Q N L L > U) C .O L L L U > N •C Co E ' °a) ) ) ) w a)C " i C p-O ) Ucc c a) J L Co !z a) > > O a) c un -0 U) ro O O 0 0 0 0 m � a) > 0 0 0 � — C a) U O �_ ..„ Q. U) .> Q. c c U E Cn o m — -° pp E O_ �_ a m oVm LQoa) � H � VVVU a Qof CO aE C) o c a) > L CD C U) r: > LL E •Vn O UN (14 N � � c �UEm o (D (D (D �U U ) _ n V VVU n0 U oa�,o N Q c>3 � YaQQ � 0 ° ~ � EQQQ -0 U a) _ Q Q o W Q Q cn CO CO CO CO LU Q U) Co Co CO CO U) U) U) U) Co Q U U) U) U) cn CO v) Q wwwww � ww wwwwwwww wwwwww w V 'C .S Z Z Z U D 0 a� U � _0 o J M � a c O d o U O X X X X X X O a) COX > Co 0 o Z U *_ The AC reviewed the recommendations of both the BoS and the CEC last night for the Consent Agenda and concurred with most of them. Briefly summarized: • Article 6, Senior Service Program: Since there appear to be considerably more than enough carryover funds in this continuing balance account to support the runout of the current fiscal year and all reasonably foreseeable expenses for next year,the AC believes that this article should be IP'd for this year, and would support its inclusion on the consent agenda on that basis. • Article 7, Getting to Net Zero: Yes • Article 10: 0 10(a), Conservation Land Acquisition (IP) Yes 0 10(c), Archives and Record Management(added by CEC) Yes 0 10(k), CPA Debt Service Yes 0 10(I), CPA Administrative Budget Yes • Article 15, Recreation Capital Yes • Article 16, Municipal Capital (subparts added by CEC) 0 16(b), Storm Drainage Improvements No 0 16(c), Comp Watershed Stormwater Management No 0 16(d),Townwide Culvert Replacement Yes 0 16(g), Sidewalk Improvements Yes 0 16(h), Equipment Replacement No 0 16(i)Townwide Signalization Improvements No 0 16(k), Street Improvements No 0 16(m),Transportation Mitigation Yes • Article 17,Water Improvements Yes • Article 18,Wastewater Improvements Yes • Article 20, Public Facilities Capital (subparts added by CEC) Yes to all (b, c, e, g, and i) • Article 25, Rescind Prior Borrowing Authorizations (added by CEC) Yes • Article 27, General Stabilization Fund (already off due to CEC veto, thus did not vote) • Article 28,App from Debt Service Stab Fund Yes It seems to be putting the cart before the horse a bit to agree to include certain articles on the consent agenda which we have not yet reviewed, discussed and voted on the merits such as, for example, Articles 17 and 18. However, based on past experience, I am reasonably confident these recommendations will stick. The AC is not proposing to add anything to the existing lists prepared by the BoS and the CEC. Let me know if you have any questions. John Bartenstein AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Update -ATM 2018 Warrant Article 21 -Appropriate to Reimburse Resident for Sewer Backup (15 min.) PRESENTER: ITEM NUMBER: Dan McGrath 1.3 SUMMARY: Dan McGrath will present his 2018 Annual Town Meeting Warrant citizen article-Appropriate to Reimburse Resident for Sewer Backup. SUGGESTED MOTION: N/A FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/7/2018 7:30 p.m. ATTACHMENTS: Description Type ❑ C iti/vnr llotition Rackup Matorrian Presentation C itizcnr ArrtYckl Presentation t' v OWN ^, T .^ y+"^4ON (Petition for Xnserting An Article b? the Town 2vfeefing Tfrrxrrcant) C 15 2017 IA'e,the tand rsigaled Tegi.strrT&I voteas of the To-,Arn Of L,cxing,tozx do hcrchby Board of Sele(Imoil to In se-rt the following article in the watxant for the. 2 i:°°i s ^r- - — E ,".. (1sisert Date)Annual Town.Meeting. ARTICLE (Iris+rt the exact wording uv the spore below) F ATION FOR PROPERTY DAMAGES(Citizen Article)To see if the Town will vote to raise and a sum of money to compensate Robert Daniel McGrath,11 Cherry St.,Lexington,MA,for damages e to a sewer backup resulting from a failure of the Cherry St sewer main to drain on 17`"June 2017 that acking raw sewage from the main into his home;determine whether the money shall be provided by the transfer from available funds,by borrowing,or by any combinationof these methods;or act in any other lation thereof.(Inserted by Robert Daniel McGrath and 9 or more registered voters) Funds requested: .x Decontamination:..,....................................................$15,723 Reconstruction:............. .................---$13,140 Painting:....................... ............—...,...$1000 4, _. Plumbing:.........................................................................$100 „k..: MXA„ Miscellaneous damage: Total............................................................................$30,553 N e address Preciixot t IX r t .. P k ,� 7 6 V-r, _ l Cherry 2 12 13 1�e certify that ten(.0)above;signatures check t;arnes of qualified voters fTant the T'awn of Lexington. rv� We certify that above signatures checked are the names of qualified voters for the ." G 4 Town of Lexington. W r W uu cY cy 1 0••. LL �•.� z 0 z w 2 0 N m � � �- o c a Co s L L E s` 0 0 Co � N +N -C co Co U. i>> 12 Cl'4- "* C . a) 0 C- L CCU CL — C"". E C3 E 0) m -C Co C: k 7✓ G. .11,4 �M �" NM y.M uy r r r BEDROOM 3 LOWER (N.9.x t2.51) LEVEL ENTRY (106,x 86) II 71 FULL BATH OFFICE :q.6,x/067 MECIL (UNFIN(SHED) (21'x 9) Ll XINGTON HUID'a D I � �b. Mi ql N1tl. A 1.. u ww' r r � � Ms w w �e + wyw � x � n � w n n � o x a � u ■ n I M G a yf w i �W q� ry p w P p 4 b y- n n + + L i F 4-4 _ cn c Co c ° u .F c cn 0 c , Co0 -mac - -0 0 _4 cnCo C n o 0 � � cn c�u 0 >1 4- ,+ 0 Eau 00 0 co co © 0 - ' E 6 co co . „••� Co cu cu co co #� - 40— E E © .� co .= Eq .t-r EU N Co cn co N N E cu *= 4 � � a N N co © Ecn = cu 11"o 4--CU ,- N -0 70 — Co 0 4-0 �1•• co E ocnGL •� N co %+- cm' 0 q) H E cmL E CU 4 cQ © co N -0 Eco — U 0) E co co m L— N co 4 to " CU N > + + U (7 co Co ,— N co cn E Z3 E EN N co © 0 H C� H 0 0 0 0 .. r r .. r r r r � ��ic�� ��a�.w ,,,� � � ��,� � o t.xin�r�r��n �� .� ��� f� °"�� �� u �r�� a� i tl��Y lvµ AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Update -ATM 2018 Warrant Article 34 -Amend General Bylaw: Make Lexington a "Welcoming, Inclusive, Safe Community" (15 min.) PRESENTER: ITEM NUMBER: Todd Burger 1.4 SUMMARY: Todd Burger will present his 2018 Annual Town Meeting Warrant citizen article-Amend General Bylaw Make Lexington a"Welcoming, Inclusive, Safe Community" SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/7/2018 7:45 p.m. ATTACHMENTS: Description Type ❑ C'rtrrA nr Q a.rtrtra,nr Mral(a,a,nnunrg:TM, nra,(a,rvar kisa�ar C'a,nnnnn�anrrty Rack up M<atorria( Q"rra ,arnrtsa[ra>nr Arrtr.kl 34 rro Q"rra ,arnrtsa[ra nr Q"rra,pa,sa.d Rarsohat on Rack up M<atorrial ❑ 0�nrdannat.. knnnugTMrr Yn r Q" l ,y Rackup Mlatorian Sonrsate NoJ 113C15 Rack up M<atorria( ❑ Vh)uso QDocket4016 Rack up M<atorria( TOWN OF LEXINGTON- (pctition rtin fo?. 111sc, n I g A17 Article in the T6w, -4 eeting Wcirrant) We the undersigned registered voters of the Town Of Lexington do hereby jtjbftt4"1B&h2of Selectmen to insert the following article in the warrant 'for LEX� 9 Annual v0, N/1'e' etin '. —(Insert Date) DIEC 2 2 2017 ARTICLE r Article to Make Lexington a 'Welcoming, Inclusive, Safe Ccommu nit y" i 4 -!N,ng voieio iifnend Part j. of the generai bylaws to include a chapter regarding the rights and relationships between town employees (including it agents) and undocumented immigrants, or act in any other manner relation thereto. 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L � C: m O cr O O -0 O E to O U _ =3 to 00 '0 (U � ca O N d. mmj � O N E E W^^'' 00"%% to 4--j 0 .0 � m CUU) -0 � c a) ._ cu (n C: cU -�-� > L- -r c U •— � � � � cU v aC.) co M •� '-0 U) U c -0 a v tU � =33 -0 12 v ,U > (D ■ C: (.) c Q O O U C O O � s- tU J n 0 U > L O O , a) 0 • O O � � •� E0C: 0 cr E ca :� O O O O L6 � • 04 � ■ co cn � - e , m 0 , ■ 4-0 | - � � e � $ � ■ � Citizen Warrant Article 34 Proposed Resolution to Make Lexington a "Welcoming, Inclusive and Safe Community" February 26,2018 This motion concerns the rights and relationships between Lexington Police Department employees (including their agents) and undocumented immigrants, living,working and traveling through the Town of Lexington. The motion consists of the following proposed resolution to amend the town's Police Policy and Procedures Manual, and to take related steps as set out below to ensure that the town becomes a truly"Welcoming, Inclusive and Safe Community". The Town of Lexington hereby announces its support for the Safe Communities Act, S.1305 &H.3269, as revised in the attached document and currently before our legislature, and adopts the following resolution: Town Meeting resolves to make Lexington a truly"Welcoming, Inclusive and Safe Community", and therefore instructs the Lexington Board of Selectmen to direct the Town Manager to take the following steps: 1. Update the Police Policy and Procedures Manual, so that it is fully compliant and fully aligned with the Safe Communities Act, as amended in the attached document (Revised S.1305 &H.3269),within 90 days of the passing of this resolution. 2. Complete training of all police department employees,with respect to the changes in the Police Policy and Procedures Manual, within 120 days of the passing of this resolution. 3. Ensure that the community be fully informed through public communications, municipal signage and other means deemed appropriate,that the town is a Welcoming, Inclusive and Safe Community, such that the information effort begins 90 days after the passing of this resolution and is completed within 120 days of the passing of this resolution. 4. Require quarterly reporting by the Lexington Police Department to the Board of Selectmen on all contacts in aggregate, and the nature of those contacts,with ICE or other federal immigration authorities,beginning June 30, 2018 (covering the previous 90 days). S. Require the Police Policy and Procedures Manual Committee to report any subsequent changes to the Police Policy and Procedures Manual in a Public Hearing. A Community-Wide Discussion About the Immigrant Experience, Regardless of Immigration Status, in Lexington February 25, 2018 Temple said 55 Lincoln Street 1:45-2:00 Informal conversations 2:00-2:05 Opening Remarks 1. Tony Rodriguez and Todd Burger, co-chairs of Lexington People Power 2® Bonnie Brodner, Human Rights Committee (HRQ liaison 3. Don Detweiler, chair of the social action committee at Temple Isaiah 4. Eric VanLoon, moderator 2:05-2:10 Moderator describes meeting format, may explain Jamie Eldridge's expected late arrival if not yet present, then introduces speakers (All Speakers introduced by moderator unless noted otherwise) 2:10-2:40 Speakers (approx. 7 min. each): 1. Jamie Eldridge, MA State Senator, Middlesex & Worcester District 2. Laura Rotolo, American Civil Liberties Union of Massachusetts 3. Gabriel Camacho, American Friends Service Committee 4. LPD Spokesperson to summarize LPD point of view or Todd Burger (to relay our understanding of LPD views) 2:40-3:25 Q&A with speakers 3:25-3:30 Description of process ahead by Lexington People Power 3:30-3:45 Additional discussion with panelists if necessary v T 3 3 T T T T T T Y Y T Y Y bA O V t V V V V O� +-' V V V Q T T T T T O V Q T T T U O Y o o o O O O O ~ 3 ~ 3 3 3 3 V � o _ _ _ � > '0 a v o 0 0 0 x x 0 0 0 w a v v o o L o 0 0 0 ¢ 0 0 0 o o o ry 3 - Y _ V v v a v - Y v v v C O p C C C � w ? ? C y y C C O 3 V N d O V V V C m � i o0 w b a — v p y v E °1 � N O Y t6 V t N tl0 E o 2 N E a — v o 3 .� S e N ¢ ¢ co co u C7 O m z Q z vf6i u m a a fa - z y L � S s z 105 CNAUNCY STREET * ,A 9TH FLOOR BOSTON,MA 02111 -.... VOICE:617.350.5480 FAx:617.350.5499 I ,n www.M I RACOALITI OIV.O RG I'JtS,' ?(617 The Safe Communities Act: What it Does & Doesn't Do WHAT THE SAFE COMMUNITIES ACT DOES: 1. It DOES prohibit the use of state databases or records for enforcement of any federal registry program based on religion or other protected characteristics (such as a Muslim registry). 2. It DOES limit state and local agencies'involvement with U.S. Immigration and Customs Enforcement (ICE) by barring them from arresting or detaining a person soieiyfor federal immigration enforcement purposes, or participating in inquiries, investigations or raids based soieiyon immigration status. 3. It DOES prohibit collaboration agreements between the U.S. Department of Homeland Security (DHS) and law enforcement agencies that deputize state and local officers as immigration agents and co-opt state and local resources for federal purposes. 4. It DOES ensure basic due process rights for immigrants detained in state and local facilities, such as to be informed, in a language they understand, that they have a right to have their lawyer present for any interview by ICE agents. WHAT THE SAFE COMMUNITIES ACT DOESN'T DO: 1. It DOES NOT stop police from investigating crimes or prosecuting anyone who commits a crime. On the contrary, it encourages immigrant witnesses and victims of crime to cooperate with police investigations, and ensures that police resources are not diverted from fighting crime. 2. It DOES NOT stop police from collaborating with federal agencies, including ICE, as part of criminal investigations, such as joint operations to stop gangs or drug traffickers. 3. It DOES NOT keep ICE from getting information about people who are arrested — by default, all booking information is shared with numerous federal authorities, including the FBI and ICE, as required by federal law. 4. It DOES NOT keep ICE from conducting investigations, raids or arrests in Massachusetts communities, or interfere with those activities. 5. It DOES NOT jeopardize any community's federal funding, because the bill is carefully tailored to comply with all relevant federal laws. Indeed, although the bill was drafted well before U.S. Attorney General Jeff Sessions defined what constitutes a"sanctuary"jurisdiction, the provisions of the bill fall squarely outside that definition. SUPPORTED BY LIVE UNITED nmun wr,e Illlmm� uuuumuuum uu mu mum mi SaIIIiicllttjary uumu IIIIIII IIIIIII IIIIIII i uuuuuuuum IIII IIIIIII IIIIIII IIIIIII lt�he uuuuuuuuuu IIIIIII IIIIIII The data are clear: Crime is statistically significantly lower in sanctuary counties, compared to non-sanctuary counties. Moreover, economies are stronger in sanctuary counties - from higher median household income, less poverty, and less reliance on public assistance to higher labor force participation, higher employment-to-population ratios and lower unemployment. Among the main findings (comparing sanctuary counties to non-sanctuary counties): • There are, on average, 35.5 fewer crimes committed per 10,000 people • Median household annual income is, on average, $4,353 higher • The poverty rate is 2.3 percent lower, on average. • Unemployment is, on average, 1.1 percent lower. • While the results hold true across sanctuary jurisdictions, sanctuary counties with the smallest populations see the most pronounced effects. Altogether, the data suggest that when local law enforcement focuses on keeping communities safe, rather than becoming entangled in federal immigration enforcement efforts, communities are safer and community members stay more engaged in the local economy. This in turn brings benefits to individual households, communities, counties and the economy as a whole. Source: Center for American Progress,The Effects of Sanctuary Policies on Crime and the Economy,Tom K.Wong,January 26,2017. Brian A.Kyes,President 19 Park Street Fredrick Ryan,Vice President Richard C.Grimes, Secretary Chelsea,MA 02150 John LeLacheur,Treasurer Office(617)466-4813 February 4,2018 Re: Endorsement of Bill No. S.1305 & H.3269. As committed law enforcement leaders dedicated to preserving the safety and security of our respective communities across this great Commonwealth, both the members of the Massachusetts Chiefs of Police Association and the members of the Massachusetts Major City Police Chiefs Association are writing to express our support and endorsement of S.1305 & H3269 titled an "Act to Protect the Civil Rights and Safety of all Massachusetts Residents". While we are in agreement that civil immigration enforcement is primarily a federal law enforcement responsibility, which should be decoupled from state and local police enforcement priorities, we remain steadfast in our commitment that as officers sworn to protect and serve the public that we should be utilizing every strategic resource at our disposal to optimize and enhance the safety and security of our respective communities within the confines of all legal statutory and constitutional boundaries. Based on the recent SJC decision this past July in Lunn v. Commonwealth,police officers in this state no longer have the legal authority to "honor" immigration detainer requests received from federal law enforcement officials, which as the result of this decision have now been classified as "new arrests" requiring separate and independent probable cause beyond that for which the initial predicate arrest was originally made. Versions of this bill as originally filed in January of 2017 in both the House and in the Senate were recently amended over the last few months with the input and assistance from the aforementioned Police Chiefs Associations working in close collaboration and partnership with members of our State Legislature and other important community advocacy leaders. The redraft of this bill now allows for what we view as a more effective balance of both building and improving trust in our respective communities while simultaneously enhancing public safety across the entire State. The modified version of this bill allows for a limited, yet effective, 6-hour "no-bail provision period" for those individuals arrested by local and state police who also have a conviction on their respective criminal records for certain violent offenses or who have been arrested for a terrorism related offense and who Federal Immigration and Customs Enforcement Officials (ICE) also have what is deemed to be an actionable interest in based on the confirmation of received biometric fingerprint data that was acquired by police during the administrative booking procedure for the offense for which the individual was initially arrested. Arlington,Attleboro,Beverly,Boston,Brockton,Brookline,Cambridge,Chelsea,Chicopee,Everett,Fall River Fhchburg,Framingham,Haverhill, Holyoke,Lawrence,Lowell,Lynn,Malden,Massachusetts Bay Transit Awhorify,Massachusetts Siaie Police,Medford,Mehuen,New Bedford, Newton,Peabody,Pittsfield,Quincy,Revere,Salem,Somerville,Springfield,Taunton,Waltham, Wesi Springfield,Weymouah,Woburn,Worcester We believe that this newly modified bill is a commonsense,policy prudent, and safety-orientated approach to addressing the existing"gap" in the state of the current law in this Commonwealth that was created by way of the SJC's decision in Lunn. Without this bill, State and local police would remain unable to detain any arrestee for any period of time despite the issuance of a federal ICE detainer, even an individual with a demonstrated propensity for committing violence based on their history of prior felony convictions on their record, to allow for the possibility of federal ICE agents to conduct an interview and possibly take the arrestee into federal custody if the circumstances were warranted. This important legislative change will absolutely enhance public safety in our respective communities by preventing dangerous individuals who meet the aforementioned criteria from being released back into our cities and towns to potentially reoffend and commit further acts of violence. Therefore, it is our collective hope that both the Senate and the House will act favorably on this important public safety legislation and submit it to the Governor for his astute review and consideration and ultimate signature to make this bill become law across our Commonwealth. We remain available for any questions or concerns that may result. Sincerely, Chief Brian A. Kyes President,Major City Police Chiefs Association Chairman,MCOPA Legislative Committee CC: Chief Stephen Wojnar,President MCOPA Mark Leahy,Executive Director,MCOPA aaa��r�G�, Xurta��� ��ruar �airx VJAVAF,r'. RAC 0-MMM PETER C 11 ARIA,FIV mopes r 0 it 0wm N a,.uSaiC"im"ua rA°rrb rria rma�a� a a Maa`AIE ar.L CJCC,4X0 FXX "ra@!AIM WHERIFAS, kVe we in a, a urrctla mviraonincrwt in %,hide therc is a giowthin roses', hatc spemb, bigotry au,,, violence,',atu'nul WHE'REFAS, Lrxington is a community committed to rra acefurl r sralumm o d f nces and reniairis dedicated to opevs�uuuaxl luxarar,ut xw,xrunver aataa.Hrri`tlualau ur as au way to pm,,araau e respect,unclieroptawAing, accr t;ance'md inclusion fk., ,tall,aar"aitl R"HEREAS, the Town of Lexington, urthpla , Hoof Arnei,ican Liberly, is prortu l of ur5 hi-iftoric role in the Armirauru war luar imaalr�,`xrrrawirrur:r,,dour f4unding oftlrura great uurunuaatry, and tlrut auaiamlutmuanr of its ti"arunsfituuton, an(l our rauspm, ],,of war aaraaaarnwtoruu saaarilltcvs to attain augur country's ry's vivil fights arautl hfwrtatut,and 01WERu ",w "the ratorans uurfx irt. tuuurregard tlw,, lrlmuarlue%guarantowl our tlrr ;"'u:uuaus�trtuutionaurru t,1 ^ 8 iii cxf Rights as their r xma lur ciuous belgairst a rrierk at,'i"a, alKl itat10ttl trr P111Wrwr 0xvse, 1 launtura as to lat, A mriW itaame of their lmst�arrit i and W*71-.`NE4 the jrr+r ,rraution arid vut lky of 0wur Buhl of Rig tt,t depcm3s rru.,mt rood p on tile Ilmskie'ntt„("'(prigress, uld tl°ar Supreme tt:°ruturt, bta larluu"wvily on out tuaw ns arum latotlr,uua ds, and uuumr t.aturr s to be five of armtoleraarwe and b i rutr ' mad 011,11FREAS the "I'cmrr awmt°l„u arru; t,wwrr u u irawrru,urr all pv,>plc wluu,� rlect,%nim tart,,right,5 ic,,rod'"i,n dividuual.s to porn their lives with dignity, iataurc gal tlnurrr°rrnw.irwurtuamrr,ru,naul ltuwrtrinm , THE R E FORE, NVc, °l lu : Board rul Sickt.trrua,ru rri" l,w,ur; ruu, toga dmAarc that DUt tu°owm"tu us, a;uarumrrmaVed tru irrvAing Lexington ua. %elcoming, inclusive, raruul safe, wrmnurarty for everulmu�r, treatmrm aril lmt le laaarly and Ifilly embracing the uxtique uniffibutiowsof all Lc«ingkl r.re%ide t,,.In Lexington we affirm slut all the rms ti]ptKiple. "bra",,deviarc thaat per staarutl with th,DS luaarmPltn Of the Uttittmi itaam t tml. , rraurraa. ., who belie "r in the principles of the Dealuaraut ion of Independence and trruuul ll,,,. u:aau lu;,mn those who aamruralat to Morro the fires of bigotry aotmrl intarlevanov,ltmr ltttl.utucal or(,,0ww lruurT m es, 'r" on lwumlua,uff of`all rrauuirtutua aml°Win ton,aiplorr expr ssimt a!rbJ ,uatu uwi"lutm,atilily,, irttatruoalaatweurt,lurar otmratetr,t,, award othel ucis of irtufletanoc, Aar bigotry. 'Ve.,hereby rune a and ruffirura a;;trur uaumruutruatatauur,tt to ratun»,arre tlumut atll rumembtuma of our aarrar°rruau pity are free lux°,,im acts truant are u°ootuual utr luau, ignorance, lrr jauaiatae, aattl hmc, tatuul we urge all our catirrw s tam,anal r each ot1wrtty, the ttrengtlr aaruul qualifies ru t:their character bV 1PV/l,N,1'r 'lr l HER t tor';,° tw r have set uuuur hands on this "tth day to ffebruary in the y r°uu f Tw o lwuu aural Scvcnu,$n i " „ el,,[ F, ... . ..... ..... .. a � irnwrioa�aLEXINOTOKMAS WH�tuI 'S4 ���� ;uuxur a�mx�-anm�nx���a�a�.�reuwxa�k�� ,xa� MAKING LEXINGTON A WELCOMING, SAFE, AND INCLUSIVE COMMUNITY Since the Board of Selectmen (BoS) 2017 Proclamation states that: "Lexington is committed to making the town a safe place for all," then passing the motion below is the next logical step to make sure there is an enforceable `safe communities act' policy for Lexington. Lexington People Power proposes going beyond our current non- binding proclamation that places no real limits on police conduct and offers no real protection for undocumented immigrants: This motion seeks to build trust between immigrant communities and local town officials by ensuring that all people receive equal treatment under the law. Specifically, it will limit the Lexington Police Department's involvement with federal immigration officials on matters that are solely concerning immigration enforcement. When local police collaborate with ICE (immigration and Custom Enforcement), it erodes trust in the community. When people are afraid that interaction with any town agency will lead to questions about their immigration status, they will not seek help, they will not report crimes, and they will not cooperate with police in fighting crime. This motion intends to proclaim the Town of Lexington's endorsement of the Safe Communities Act and will request the Town to codify all relevant sections included in the statewide SCA bill into either its General Laws or into the Town's Public Employees' Policy Manuals. SENATE DOCKET, NO. 1596 FILED ON: 1/20/2017 SENATE . . . . . . . . . . . . . . No. 1305 Ebe eommvnwealtb of PRESENTED BY: James B. Eldridge To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act to protect the civil rights and safety of all Massachusetts residents. PETITION OF: NAME: DISTRICT/ADDRESS: James B. Eldridge Middlesex and Worcester Juana Matias 16th Essex Jack Lewis 71h Middlesex 112412017 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Jason M. Lewis Fah Middlesex 112412017 Michael J Barrett Third Middlesex 112 612 01 7 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Marjorie C. Decker 25th Middlesex 112 612 01 7 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Sonia Chang-Diaz Second Suffolk 112 612 01 7 Ruth B. Balser 12th Middlesex 112 712 01 7 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Frank I Smizik 15th Norfolk 112 712 01 7 Cynthia S. Creem First Middlesex and Norfolk 112 712 01 7 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Mike Connolly 261h Middlesex 112 712 01 7 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Joseph A. Boncore First Suffolk and Middlesex 113 012 01 7 William N. Brownsberger Second Suffolk and Middlesex 113 012 01 7 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Daniel J. Ryan 2nd Suffolk 113 012 01 7 John J Lawn, Jr. IOth Middlesex 113 012 01 7 Kenneth J Donnelly Fourth Middlesex 113 012 01 7 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Denise Provost 271h Middlesex 113 012 01 7 Barbara A. L'Italien Second Essex and Middlesex 113 012 01 7 1 of 10 Chris Walsh 61h Middlesex 113 012 01 7 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Sal N. DiDomenico Middlesex and Suffolk 113 012 01 7 Steven Ultrino 33rd Middlesex 113 012 01 7 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Jose F. Tosado 91h Hampden 113112017 Michelle M. DuBois 10th Plymouth 113112017 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Jay R. Kaufman 1 Sth Middlesex 113112017 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Kay Khan 11 th Middlesex 113112017 Cory Atkins 14th Middlesex 113112017 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Paul R. Heroux 2nd Bristol 113112017 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Adam G. Hinds Berkshire, Hampshire, Franklin and 113112017 Hampden ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Kenneth I. Gordon 2 1 s t Middlesex 1/31/2017 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Byron Rushing 91h Suffolk 21112017 Thomas M. Stanley 9th Middlesex 21112017 Linda Dorcena Forry First Suffolk 2/1/2017 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Thomas M. McGee Third Essex 21112017 Julian Cyr Cape and Islands 21112017 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Mary S. Keefe I Sth Worcester 21112017 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Patricia D. Jehlen Second Middlesex 21112017 Mark C. Montigny Second Bristol and Plymouth 21212017 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. David M. Rogers 24th Middlesex 21212017 Natalie Higgins 41h Worcester 21212017 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Solomon Goldstein-Rose 3rd Hampshire 21212017 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Lori A. Ehrlich 81h Essex 21212017 Jennifer E. Benson 371h Middlesex 21212017 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Carolyn C. Dykema 81h Middlesex 21312017 James J O'Day 14th Worcester 21312017 Elizabeth A. Malia 11 th Suffolk 21312017 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Peter V. Kocot Ist Hampshire 21312017 Anne M. Gobi Worcester, Hampden, Hampshire and 21312017 Middlesex Angelo J. Puppolo, Jr. 12th Hampden 21312017 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. GailanneM. Cariddi Ist Berkshire 21312017 Nick Collins 41h Suffolk 21712017 ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Carmine L. Gentile 13th Middlesex 2/24/2017 2of10 SENATE DOCKET, NO. 1596 FILED ON: 1/20/2017 SENATE . . . . . . . . . . . . . . No. 1305 By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 1305) of James B. Eldridge, Juana Matias, Jack Lewis, Jason M. Lewis and other members of the General Court for legislation to protect the civil rights and safety of all Massachusetts residents. Public Safety and Homeland Security. lZbe CCvmmvnwealtb of In the One Hundred and Ninetieth General Court (2017-2018) An Act to protect the civil rights and safety of all Massachusetts residents. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. This act shall be known and may be cited as the "Safe Communities Act". 2 SECTION 2. Chapter 126 of the General Laws is hereby amended by inserting after 3 section 39 the following section:- 4 Section 40. Definitions 5 As used in sections 40 to 43, inclusive, the following words shall have the following 6 meanings, unless the context clearly requires otherwise: 7 "Administrative warrant", a warrant, notice to appear, removal order, or warrant of 8 deportation, issued by an agent of a federal agency charged with the enforcement of immigration 9 laws or the security of the borders, including Immigration and Customs Enforcement and 10 Customs and Border Protection. An administrative warrant is not one issued by a judicial officer. 3of10 11 "Civil immigration detainer request", a request, including one using federal form I-247D 12 or I-247N, issued by a federal immigration officer authorized under 8 C.F.R. section 287.7 or by 13 any other authorized federal immigration officer to a local law enforcement official to, among 14 other things, maintain custody of a person once that person is released from local custody or to 15 notify the United States Department of Homeland Security of the person's release. 16 "United States Department of Homeland Security",the United States Department of 17 Homeland Security and its component agencies, including Immigration and Customs 18 Enforcement, the former Immigration and Naturalization Service, Customs and Border 19 Protection, and any other federal agency charged with the enforcement of immigration laws. 20 "Immigration enforcement", any and all efforts to investigate, enforce, or assist in the 21 investigation or enforcement of any federal immigration law. Such purposes do not include 22 verification of an applicant's eligibility for state or federal programs or services. 23 "Limited English proficient", individuals who do not speak English as their primary 24 language and who have a limited ability to read, write, speak, or understand English. 25 "Law enforcement agency",police departments of political subdivisions of the 26 Commonwealth, sheriffs' departments, houses of correction, courts, the Massachusetts State 27 Police, the Massachusetts Department of Corrections, the Massachusetts Probation Service,the 28 Office of Community Corrections, and the Massachusetts Trial Court Community Service 29 Program, school, college and university campus police, and any other entity in the 30 commonwealth, other than federal agencies, that are charged with the enforcement of laws, the 31 operation of jails or prisons, or the custody of detained persons. 4of10 32 "Released from local custody", when a person may be released from the custody of a 33 Massachusetts law enforcement agency because any of the following conditions has occurred: 34 (a) Criminal charges against the person have been dropped or dismissed; 35 (b) The person has been acquitted of criminal charges filed against the person; 36 (c) The person has served the time required for the person's sentence; 37 (d) The person has posted a bail or bond, or has been released on the person's own 38 recognizance; 39 (e) The person has been referred to pre-trial diversion services; 40 (f) The person has been sentenced to an alternative to incarceration, including a 41 rehabilitation facility; 42 (g) The person has been released from custody under probation; or 43 (h) The person is otherwise eligible for release under state or local law. 44 SECTION 3. Chapter 126 of the General Laws is hereby amended by inserting after 45 section 40 the following section:- 46 Section 41. Standards for Communicating and Interacting with Federal Immigration 47 Enforcement Agencies 48 (1)No officer or employee of any agency, executive office, department, board, 49 commission, bureau, division or authority of the commonwealth or any political subdivision 50 thereof, shall use funds, resources, facilities,property, equipment, or personnel for immigration 5of10 51 enforcement purposes;provided, however, that nothing in this subsection shall prohibit houses of 52 correction from entering into Inter-Governmental Service Agreements with the United States 53 Department of Homeland Security in which persons in Immigration and Customs Enforcement 54 custody are housed at the house of correction and the United States Department of Homeland 55 Security pays a daily fee for each person detained there. 56 (2)No law enforcement agency shall inquire about a person's immigration status, unless 57 such information is required by law, or is an element in a crime for which the law enforcement 58 agency is investigating the person. 59 (3)Neither a law enforcement agency nor the Massachusetts Registry of Motor Vehicles 60 shall make any information in its databases or other record-keeping systems available to any 61 entity for enforcement of any federal program requiring registration of persons on the basis of 62 race, gender, sexual orientation, religion, or national or ethnic origin. Any agreements 63 inconsistent with this section are null and void;provided, however, that nothing in this 64 subsection shall prohibit or restrain a law enforcement agency or the Massachusetts Registry of 65 Motor Vehicles from sending to, or receiving from, any local, state, or federal agency, 66 information regarding citizenship or immigration status, consistent with 8 U.S.C. section 1373. 67 (4)No officer or employee of a law enforcement agency shall arrest or detain a person 68 solely for immigration enforcement purposes or solely on the basis of a civil immigration 69 detainer request or an administrative warrant;provided, however, that nothing in this subsection 70 shall prevent an officer or employee of a law enforcement agency from arresting or detaining a 71 person in the course of a criminal investigation or prosecution supported by probable cause that 6of10 72 the person has committed a crime, consistent with constitutional standards applicable to all 73 people in the commonwealth. 74 (5)No officer or employee of a law enforcement agency shall continue to detain a person 75 solely for immigration purposes or solely on the basis of a civil immigration detainer request or 76 an administrative warrant once that person has been released from local custody. Nothing in this 77 subsection shall prevent an officer or employee of a law enforcement agency from continuing to 78 detain a person in the course of a criminal investigation or prosecution supported by probable 79 cause that the person committed a crime, consistent with constitutional standards applicable to all 80 people in the commonwealth. 81 (6)No officer or employee of any agency, executive office, department, board, 82 commission, bureau, division or authority of the commonwealth or any political subdivision 83 thereof shall perform the functions of an immigration officer, whether pursuant to 8 U.S.C. 84 section 1357(g) or any other law, regulation, or policy, whether formal or informal. Any 85 agreements inconsistent with this section are null and void. 86 (7) The presence of a civil immigration detainer request or administrative warrant shall 87 not be considered in any bail determination. 88 (8) An interview between a United States Department of Homeland Security agent and a 89 person in the custody of a law enforcement agency conducted for immigration enforcement 90 purposes shall take place only if the person in custody has given consent. Before the interview, 91 the law enforcement agency shall provide the person in custody with a written consent form that 92 explains the purpose of the interview, that the interview is voluntary, and that the person may 93 decline to be interviewed or may choose to be interviewed only with the person's attorney 7of10 94 present; provided, however, that a law enforcement agency shall not be responsible for the 95 payment of the person's attorney's fees and expenses. If the person in custody declines the 96 interview, no law enforcement agency shall allow United States Department of Homeland 97 Security agents to conduct the interview. If the person indicates that the person wishes to have an 98 attorney present, the law enforcement agency shall facilitate the presence of such attorney, and in 99 the case that no attorney can be present, the interview shall not take place; provided, however, 100 that the law enforcement agency shall not be responsible for the payment of the person's 101 attorney's fees and expenses. If the person is limited English proficient, an interpreter shall be 102 timely offered free of charge. The written consent form shall be available in English, Arabic, 103 Spanish, Portuguese, Chinese, Haitian Creole, Vietnamese, and Khmer or Cambodian. The 104 provision of oral interpretation and the written consent form shall be consistent with 42 U.S.C. 105 section 2000d et seq., as amended, and 28 C.F.R. section 42.405(d)(1). 106 (9)If any person is subject to a civil immigration detainer request or an administrative 107 warrant, the law enforcement agency having custody of the person shall provide the person with 108 a copy of the civil immigration detainer request or administrative warrant, and any other 109 documentation pertaining to the person's case that is presented to the law enforcement agency by 110 United States Department of Homeland Security agents. 111 (10)No law enforcement agency shall provide or allow United States Department of 112 Homeland Security agents access to booking lists or information regarding the incarceration 113 status or release date of a person in its custody, unless such person is serving a sentence for a 114 serious violent felony. For the purpose of this subsection, "serious violent felony"means a 115 violent felony for which there is no district court jurisdiction pursuant to section 26 of Chapter 116 218. Law enforcement agencies shall not otherwise notify the United States Department of 8of10 117 Homeland Security about a person's pending release from custody and shall not respond to 118 requests from the United States Department of Homeland Security for publicly-available 119 information regarding a person in custody, including requests pursuant to federal form I-247N; 120 provided, however, that nothing in this section shall prohibit or restrain any state or local agency 121 from sending to, or receiving from, any local, state, or federal agency, information regarding 122 citizenship or immigration status, consistent with 8 U.S.C. section 1373. 123 SECTION 4. Chapter 126 of the General Laws is hereby amended by inserting after 124 section 41 the following section:- 125 Section 42. Transport of persons subject to civil immigration detainer requests or 126 administrative warrants 127 Law enforcement officials shall not transport a person who is in local custody to any 128 facility in order to place the person into United States of Homeland Security custody; provided, 129 however, that nothing in this section shall be construed as prohibiting a law enforcement agency 130 from transporting a person who is in United States Homeland Security custody. Nothing in this 131 section shall be construed as limiting or changing the duties of Sheriffs in section 24 of chapter 132 37, except that United States Department of Homeland Security facilities or United States 133 Department of Homeland Security custody shall not be considered non-correctional for the 134 purposes of subsection (c) of that section. 135 SECTION 5. Chapter 126 of the General Laws is hereby amended by inserting after 136 section 42 the following section:- 137 Section 43. Data Collection 9of10 138 All law enforcement agencies shall retain copies of immigration detainer requests and 139 administrative warrants received along with accompanying information, and record the following 140 for any person subject to either one: race, gender, date and time of arrest, arrest charges, date and 141 time of receipt of a civil immigration request or administrative warrant; date and time that the 142 person was taken into custody by federal immigration agents; immigration or criminal history 143 known or marked on the civil immigration detainer request form; whether the civil immigration 144 detainer request was accompanied by additional documentation regarding immigration status or 145 proceedings; and, whether a copy of the forms were provided to the person. 146 All law enforcement agencies that receive civil immigration detainer requests shall report 147 all information collected pursuant to this section to the civil rights division of the attorney 148 general's office every 6 months. Such information, with the exception of criminal offender 149 record information, as defined in section 167 of chapter 6, shall be a public record, within the 150 meaning of section 3 of chapter 66 and clause Twenty-sixth of section 7 of chapter 4. 151 SECTION 6. Severability 152 The provisions of this act are severable. If any provision of this act or its application is 153 held invalid, that invalidity shall not affect other provisions or applications that can be given 154 effect without the invalid provision or application. 10 of 10 HOUSE DOCKET, NO. 4603 FILED ON: 2/14/2018 HOUSE . . . . . . . . . . . . . . . No. 74 eawouveaN 4 PRESENTED BY: Juana Macias To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled.- The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act Relative to the Commonwealth's Obligation to Preserve Public Safety for all Massachusetts Residents. PETITION OF: NAME: DISTRICT/ADDRESS: Juana Macias 16th Essex ... ..... . . .... .... ... ... .. .. ... .. .. ... .. .. ... .. .. ... .. . ........ ......... ......... ............ ............. ............. ... ............ .......... . .............. Ruth B. Balser 12th Middlesex ... ..... . . .... .... ... ... .. .. ... .. .. ... .. .. ... .. .. ... .. . ........ ......... ......... ......... ............. ... ............ ......... . .. ...... Denise C Garlick 13th Norfolk ... ..... . . .... .... ......... ............ ............. ............. ... ............ ......... . .. ...... Solomon Goldstein-Rose 3rd Hampshire ... ..... . . .... .... ... ... .. .. ... .. .. ... .. .. ... .. .. ... .. . ........ ......... ......... ......... ............. ... ............ ......... . .. ...... Natalie Higgins 4th Worcester ... ..... . ......... Tack Lewis 7th Middlesex ... ..... . ........ David Paul Linsky Sth Middlesex ... ..... . . .... .... ... ... .. .. ... .. .. ... .. .. ... .. .. ... .. . ........ ......... ............ ................ ............. ............. ... ............ ......... . .. ...... Elizabeth A. Malia 11 th Suffolk ... ..... . . .... .... ... ... .. .. ... .. .. ... .. .. ... .. .. ... .. . ........ ......... ............ ............. ............. ... ............ ......... . .. ...... Sarah K. Peake 4th Barnstable ... ..... . . .... .... ... ... .. .. ... .. .. ... .. .. ... .. .. ... .. . ........ ......... ......... ......... ............. ... ............ ......... . .. ...... Alice Hanlon Peisch 14th Norfolk ... ..... . . .... .... ... ... .. .. ... .. .. ... .. .. ... .. .. ... .. . ........ ......... ............ ............. ............. ... ............ ......... . .. ...... Paul Tucker 7th Essex ... ..... . . .... .... ... ... .. .. ... .. .. ... .. .. ... .. .. ... .. . ........ ......... ......... ............ ............. ............. ... ............ .......... . .............. Chris Walsh 6th Middlesex ... ..... . . .... .... ... ... .. .. ... .. .. ... .. .. ... .. .. ... .. . ........ ......... ......... ......... Thomas M. Stanley 9th Middlesex 1 of 12 HOUSE DOCKET, NO. 4603 FILED ON: 2/14/2018 HOUSE . . . . . . . . . . . . . . . No. [Pin Slip] In the One Hundred and Ninetieth General Court (2017-2018) An Act Relative to the Commonwealth's Obligation to Preserve Public Safety for all Massachusetts Residents. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: I SECTION 1. This act shall be known and may be cited as the "C.O.P.P.S Act". 2 SECTION 2. Chapter 126 of the General Laws is hereby amended by inserting after 3 section 39 the following section:- 4 Section 40. Definitions 5 As used in sections 40 to 43, inclusive, the following words shall have the following 6 meanings, unless the context clearly requires otherwise: 7 "Administrative warrant", a warrant, notice to appear, removal order, or warrant of 8 deportation, issued by an agent of a federal agency charged with the enforcement of immigration 9 laws or the security of the borders, including Immigration and Customs Enforcement and 10 Customs and Border Protection. An administrative warrant is not one issued by a judicial officer. 2of12 I I "Civil immigration detainer request", a request, including one using federal form I-247A, 12 I-247D or I-247N, issued by a federal immigration officer authorized under 8 C.F.R. section 13 287.7 or by any other authorized federal immigration officer directed to a local, state or federal 14 law enforcement official, whereby it requests the law enforcement official to keep the individual 15 in police custody for a period up to 48 hours beyond the time when the he/she would otherwise 16 be released in order to give federal immigration officials additional time to take potentially take 17 custody of the individual. 18 "United States Department of Homeland Security" or "DHS", the United States 19 Department of Homeland Security and its component agencies, including Immigration and 20 Customs Enforcement, Enforcement and Removal Operations, Homeland Security 21 Investigations, the former Immigration and Naturalization Service, Customs and Border 22 Protection, and any other federal agency charged with the enforcement of immigration laws. 23 "Immigration enforcement", any and all efforts to investigate, enforce, or assist in the 24 investigation or enforcement of any federal immigration law. Such purposes do not include 25 verification of an applicant's eligibility for state or federal programs or services. 26 "Limited English proficient", individuals who do not speak English as their primary 27 language and who have a limited ability to read, write, speak, or understand English. 28 "Law enforcement agency", police departments of political subdivisions of the 29 Commonwealth, sheriffs' departments, houses of correction, courts, the Massachusetts State 30 Police, the Environmental Police, the Massachusetts Department of Corrections, the 31 Massachusetts Probation Service, the Office of Community Corrections, and the Massachusetts 32 Trial Court Community Service Program, school, college and university campus police, and any 3of12 33 other entity in the commonwealth, other than federal agencies, that are charged with the 34 enforcement of laws, the operation of jails or prisons, or the custody of detained persons. 35 "Released from local custody", when a person may be released from the custody of a 36 Massachusetts law enforcement agency because any of the following conditions has occurred: 37 (a) Criminal charges against the person have been dropped or dismissed; 38 (b) The person has been acquitted of criminal charges filed against the person; 39 (c) The person has served the time required for the person's sentence; 40 (d) The person has posted a bail or bond, or has been released on the person's own 41 recognizance; 42 (e) The person has been referred to pre-trial diversion services; 43 (f) The person has been sentenced to an alternative to incarceration, including a 44 rehabilitation facility; 45 (g) The person has been released from custody under probation; or 46 (h) The person is otherwise eligible for release under state or local law. 47 "Serious Violent Crime", any crime punishable by imprisonment in the State Prison that 48 (i) has as an element the use, attempted use or threatened use of physical force or a deadly 49 weapon against the person of another; (ii) is burglary, arson or kidnapping; or(iii) involves the 50 use of explosives. 4of12 51 SECTION 3. Chapter 126 of the General Laws is hereby amended by inserting after 52 section 40 the following section:- 53 Section 41. Standards for Communicating and Interacting with Federal Immigration 54 Enforcement Agencies 55 (1)No officer or employee of any agency, executive office, department, board, 56 commission, bureau, division or authority of the commonwealth or any political subdivision 57 thereof, shall use funds, police lockups, detention beds, or personnel for purposes related solely 58 to immigration enforcement, including providing courtesy booking to the United States 59 Department of Homeland Security unless the person in question is being booked on a 60 Massachusetts statutory violation; provided, however, that nothing in this subsection shall 61 prevent a law enforcement agency from communicating with the United States Department of 62 Homeland Security as set forth at Section 41 (10).Nothing in this subsection shall prohibit 63 Houses of Correction from entering into Inter-Governmental Service Agreements with the 64 United States Department of Homeland Security in which persons in Immigration and Customs 65 Enforcement custody are housed at the House of Correction and the United States Department of 66 Homeland Security pays a daily fee for each person detained there. 67 (2)No law enforcement agency shall inquire about a person's immigration status, unless 68 such information is required by law, or is an element in a crime for which the law enforcement 69 agency is investigating the person. 70 (3)Neither a law enforcement agency nor the Massachusetts Registry of Motor Vehicles 71 shall make any information in its databases or other record-keeping systems available to any 72 entity for enforcement of any federal program requiring registration of persons on the basis of 5of12 73 race, gender, sexual orientation, religion, or national or ethnic origin. Any agreements 74 inconsistent with this section are null and void;provided, however, that nothing in this 75 subsection shall prohibit or restrain a law enforcement agency or the Massachusetts Registry of 76 Motor Vehicles from sending to, or receiving from, any local, state, or federal agency, 77 information regarding citizenship or immigration status, consistent with 8 U.S.C. section 1373. 78 (4)No officer or employee of a law enforcement agency shall arrest or detain an 79 individual prior to an arrest, solely for immigration enforcement purposes or solely on the basis 80 of a civil immigration detainer request or an administrative warrant; provided, however, that 81 nothing in this subsection shall prevent an officer or employee of a law enforcement agency from 82 arresting or detaining a person in the course of a criminal investigation or prosecution supported 83 by probable cause that the person has committed a crime, consistent with constitutional standards 84 applicable to all people in the commonwealth. 85 (5)No sworn officer of any law enforcement agency as defined in Section 40 of this 86 Chapter shall effectuate an arrest or continue to detain a person based solely for federal civil 87 immigration related purposes or solely on the basis of a civil immigration detainer request or an 88 administrative warrant, once that person has been released from law enforcement custody by 89 virtue of the bail administration process as outlined in Chapter 276 of the general laws. 90 Notwithstanding the preceding paragraph, a person, who has been arrested by a sworn 91 officer of a law enforcement agency for a Massachusetts statutory violation of the law or by the 92 authority of a judicial warrant then in full force and effect, whereby that law enforcement agency 93 subsequently receives an immigration detainer request resulting from that initial arrest, such 94 person shall not be admitted to bail any time sooner than six(6) hours after the receipt of the 6of12 95 immigration detainer request, except by a judge in open court, if the individual has been so 96 arrested for any terrorist related activity as part of an ongoing federal joint terrorism task force 97 investigation or has been convicted of any of the following offenses: 98 1. Any conviction for a serious violent crime as defined in Section 40 of this 99 chapter; 100 2. Any conviction for any sexual assault, sexual abuse or sexual exploitation related 101 offenses; 102 3. Any conviction of any offense which has the element of active participation in a 103 criminal street gang, as defined in 18 U.S.0 Section 521(a) or Massachusetts general laws 104 chapter 265 Section 44; 105 4. Any conviction of any firearm related offenses; 106 5. Any conviction of any human trafficking offenses as defined in [federal statute in 107 US Code] or Chapter 265 Sections 49-51; 108 6. Any conviction of any drug trafficking offenses; 109 7. Any conviction for any domestic violence offense if the current arrest is for a 110 domestic violence offense; 111 Provided, however, that under no such circumstances shall such detention exceed the 112 period of six (6) hours from the time when such detainer was initially received by the law 113 enforcement agency that effectuated the independent arrest for the Massachusetts statutory 114 violation of the law or pursuant to a judicial warrant then in full force and effect. 7of12 115 Nothing in this subsection shall prevent an officer or employee of a law enforcement 116 agency from continuing to detain a person in the course of a criminal investigation or 117 prosecution supported by probable cause that the person committed a crime, consistent with 118 constitutional standards applicable to all people in the commonwealth. 119 (6)No officer or employee of any agency, executive office, department, board, 120 commission, bureau, division or authority of the commonwealth or any political subdivision 121 thereof shall perform the functions of an immigration officer, whether pursuant to 8 U.S.C. 122 section 1357(g) or any other law, regulation, or policy, whether formal or informal. Any 123 agreements inconsistent with this section are null and void. 124 (7) The presence of a civil immigration detainer request or administrative warrant shall 125 not be considered in any bail determination. 126 (8) An interview between a United States Department of Homeland Security agent and a 127 person in the custody of a law enforcement agency conducted for immigration enforcement 128 purposes shall take place only if the person in custody has given consent. Before the interview, 129 the law enforcement agency shall provide the person in custody with a written consent form that 130 explains the purpose of the interview, that the interview is voluntary, and that the person may 131 decline to be interviewed or may choose to be interviewed only with the person's attorney 132 present; provided, however, that a law enforcement agency shall not be responsible for the 133 payment of the person's attorney's fees and expenses. If the person in custody declines the 134 interview, no law enforcement agency shall allow DHS agents to conduct the interview. If the 135 person indicates that he or she wishes to have an attorney present, the law enforcement agency 136 shall allow the person to contact an attorney and shall permit such attorney to meet with the 8of12 137 detained person and to be present during the interview, and in the case that no attorney can be 138 present, the interview shall not take place.; provided, however, that the law enforcement agency 139 shall not be responsible for the payment of the person's attorney fees and expenses. The written 140 consent form shall be available in English, Arabic, Spanish, Portuguese, Chinese, Haitian Creole, 141 Vietnamese, and Khmer or Cambodian. If the person is limited English proficient, the law 142 enforcement agency shall make best efforts to provide interpretive services. 143 (9)If any person is subject to a civil immigration detainer request or an administrative 144 warrant, the law enforcement agency having custody of the person shall provide the person with 145 a copy of the civil immigration detainer request and/or the administrative warrant, and any other 146 documentation pertaining to the person's case that is presented to the law enforcement agency by 147 United States Department of Homeland Security agents. 148 (10)No law enforcement agency shall provide or allow DHS agents access to a list of 149 persons in the law enforcement agency's custody unless such a list is a public record, as defined 150 in section seven, twenty-sixth of chapter four. No law enforcement agency shall provide DHS 151 agents information regarding the future release date of a person in its custody, including in 152 response to a civil immigration detainer request, unless the person in custody has been arrested 153 for any terrorist related activity as part of an ongoing federal joint terrorism task force 154 investigation or has been convicted of any of the following offenses: 155 1. Any conviction for a serious violent crime as defined in Section 40 of this 156 chapter; 157 2. Any conviction for any sexual assault, sexual abuse or sexual exploitation related 158 offenses; 9of12 159 3. Any conviction of any offense which has the element of active participation in a 160 criminal street gang, as defined in 18 U.S.0 Section 521(a) or Massachusetts general laws 161 chapter 265 Section 44; 162 4. Any conviction of any firearm related offenses; 163 5. Any conviction of any human trafficking offenses as defined in [federal statute in 164 US Code] or Chapter 265 Sections 49-51; 165 6. Any conviction of any drug trafficking offenses; 166 7. Any conviction for any domestic violence offense if the current arrest is for a 167 domestic violence offense. 168 Notwithstanding, a law enforcement agency may inform DHS agents that a person has 169 been released from the agency's custody, and a law enforcement agency may communicate with 170 DHS about a person who is not in custody but is the subject of an ongoing investigation for a 171 crime not relating to immigration enforcement. Nothing in this section shall prohibit or restrain 172 any state or local agency from sending to, or receiving from, any local, state, or federal agency, 173 information regarding citizenship or immigration status, consistent with 8 U.S.C. section 1373. 174 SECTION 4. Chapter 126 of the General Laws is hereby amended by inserting after 175 section 41 the following section:- 176 Section 42. Transport of persons subject to civil immigration detainer requests or 177 administrative warrants 178 Law enforcement officials shall not transport a person who is in local custody to any 179 facility in order to place the person into United States of Homeland Security custody; provided, 10 of 12 180 however, that nothing in this section shall be construed as prohibiting a law enforcement agency 181 from transporting a person who is in United States Homeland Security custody. Nothing in this 182 section shall be construed as limiting or changing the duties of Sheriffs in section 24 of chapter 183 37, except that United States Department of Homeland Security facilities or United States 184 Department of Homeland Security custody shall not be considered non-correctional for the 185 purposes of subsection (c) of that section. 186 SECTION 5. Chapter 126 of the General Laws is hereby amended by inserting after 187 section 42 the following section:- 188 Section 43. Data Collection 189 All law enforcement agencies shall retain copies of all immigration detainer requests and 190 administrative warrants received along with any accompanying information, and record the 191 following for any person subject to either one: race, gender, date and time of arrest, arrest 192 charges, date and time of receipt of a civil immigration request or administrative warrant; date 193 and time that the person was taken into custody by federal immigration agents; immigration or 194 criminal history known or marked on the civil immigration detainer request form; whether the 195 civil immigration detainer request was accompanied by additional documentation regarding 196 immigration status or proceedings; and, whether a copy of the forms were provided to the 197 person. 198 All law enforcement agencies that receive civil immigration detainer requests shall report 199 all information collected pursuant to this section to the civil rights division of the attorney 200 general's office every 6 months. Such information, with the exception of criminal offender 11 of 12 201 record information, as defined in section 167 of chapter 6, shall be a public record, within the 202 meaning of section 3 of chapter 66 and clause Twenty-sixth of section 7 of chapter 4. 203 SECTION 6. Severability 204 The provisions of this act are severable. If any provision of this act or its application is 205 held invalid, that invalidity shall not affect other provisions or applications that can be given 206 effect without the invalid provision or application. 12 of 12 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Update -ATM 2018 Warrant Article 45 -Amend Historic Districts Commission Special Act (15 min.) PRESENTER: ITEM NUMBER: Anne Eccles 1.5 SUMMARY: Anne Eccles will present the Report of the Historic Districts Commission Ad Hoc 40C Study Committee to the Board of Selectmen. SUGGESTED MOTION: N/A FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/7/2018 8:00 P.M. ATTACHMENTS: Description Type k$a.porrt RackupMatorria( �rra 4,a;nrt Y m V�Q:DQ �� ' k k�aa,�it�r3.y uu�uutt �rra�,a;nrt Y m. g M60--0 0 AP IL 19ta Ztj)c7hTC""V- Report of the Historic Districts Commission Ad Hoc 40C Study Committee to the Lexington Board of Selectmen Members • Anne Laurin Eccles, Chair • Susan Bennett • Daniel Fenn • Marilyn Fenollosa • Lester Savage Liaison • Michelle Ciccolo, Selectman March 1, 2018 Table of Contents ExecutiveSummary ........................................................................................................ 1 Introduction ..................................................................................................................... 2 Process ........................................................................................................................... 4 Section by Section Analysis of Proposed Amendment.................................................... 6 Exhibits Exhibit A Historic Districts Commission Special Act, Chapter 447, Acts of 1956 Exhibit B Massachusetts General Laws Chapter 40C Exhibit C Chapter 447 vs. MGL Chapter 40C Comparison Chart Exhibit D Proposed Amendment of Chapter 447 Exhibit E Ch. 447 with Proposed Amendments Exhibit F Historic Districts Commission Ad Hoc 40C Study Committee Final Charge by the Board of Selectmen Exhibit G List of Massachusetts Historic District Commissions indicating Special Act or Ch. 40C Jurisdictional Basis Exhibit H Chart listing Special Act Historic District Commission Appointment Processes Appendices (Available upon request) Appendix I Notes from Ad Hoc Committee Member Interviews with Special Act Community Officials Appendix 11 Texts of All Massachusetts Special Act Historic District Legislation Executive Summary The Lexington Board of Selectmen charged the Historic Districts Commission Ad Hoc 40C Study Committee (hereafter `the Committee') with the study and comparison of the provisions of the Historic Districts Commission's Special Act (hereafter `Special Act', Chapter 447, Acts of 1956, Exhibit A) and Massachusetts General Laws Chapter 40C (hereafter `40C', Exhibit B), which is the statewide enabling legislation, along with studying the process for conversion to 40C legislation. Following study of the historic district bylaws and ordinances of various communities, interviews with local officials and collection of data (delineated in the following `Process' section), the Committee determined that there were advantages and disadvantages to both Lexington's Special Act and the statewide 40C enabling legislation, and that an update of our Special Act would best accomplish the goals of clarifying the HDC's enabling legislation and bringing it in line with statewide principles and current practice. The Committee drew from 40C the language to either define terms that were vague or in conflict with norms, to streamline certain procedures and to document current HDC practice. The Committee also drew on language from the Board of Selectmen included on the Town's HDC website page. Certain anachronisms from the original 1956 Special Act were eliminated entirely. The changes are highlighted in red as inserted in the body of the Special Act in Exhibit E. As an additional conclusion, the Committee felt that the most successful Special Acts still in use were the ones that were regularly updated, and that Lexington's Special Act should be reviewed at regular intervals, no longer than a decade apart, to continue to keep it strong and relevant. March 1, 2018 Anne Laurin Eccles, Chair Date 1 Introduction The 1956 Special Act establishing the first historic district in Lexington as well as the Historic Districts Commission was the third of its kind in the Commonwealth, following Nantucket and Beacon Hill. It has remained virtually unchanged in substance for over sixty years, except for amendments that established additional historic districts in town. Since Lexington's Special Act was passed, there have been many developments in Massachusetts' regulation of historic districts: • most notably, legislation popularly referred to as "40C" was first enacted in 1960 and subsequently amended to establish a state-wide legal framework for local historic districts. Cities and towns can adopt 40C instead of seeking a Special Act for the establishment of historic districts and commissions; • a number of towns have adopted their own Special Acts and have sought amendments to their acts as they have gained experience operating under them; • the Massachusetts courts have interpreted both 40C as well as some towns' Special Acts, providing guidance for commissions and towns. There has been very little court interpretation of Lexington's Special Act; and • Lexington now has over six decades of experience operating under its Special Act, providing a good basis for evaluating its effectiveness. Revisions to Lexington's Special Act are long overdue to achieve the following goals: • update the Lexington Code to be more easily read and understood by HDC members and the residents of Lexington, by deleting archaic or unnecessary provisions and defining vague, ambiguous or contradictory provisions; • conform Lexington's regulatory scheme, to the extent appropriate, to statewide principles and process governing historic district commissions; • acknowledge and document long-standing and effective practices of the HDC; • strengthen the nominating process for HDC membership to assure the appointment of qualified candidates; • augment criteria for assessing appropriateness; • provide specificity for procedural matters; • address the parties that can appeal an HDC decision; and 2 • strengthen penalties for non-compliance. The proposed amendments to the Act were formulated by an Ad Hoc Study Committee appointed by the Selectmen. This Committee, whose members are listed at the beginning of this Report, reached out to 14 localities to learn about their experiences operating under Special Acts and also compared the Lexington Special Act to 40C. The Committee considered but rejected the idea of recommending that the Lexington Special Act be replaced 40C. It concluded that this "one size fits all" approach was not appropriate for Lexington and that instead, limited amendments to the Lexington Special Act that draw on the precedents both of 40C and other town's special acts are more appropriate. The ad hoc study committee's recommendations were reviewed and recommended to Town Meeting by the Historic Districts Commission by unanimous vote on March 1, 2018. The composition of the current HDC is listed below. Members Associates Anne Eccles, Chair Lee Noel Chase Robert Adams Thomas Fenn Edward Adelman Donna Hooper Robin Lovett Paul O'Shaughnessy 3 Process At the request of members of the Historic Districts Commission, in November, 2017, the Board of Selectmen appointed a "40C Ad Hoc Study Committee". The Board's charge stated the following: "The Lexington Historic Districts Commission was created in 1956 through a Special Act of the Legislature (Chapter 447, Acts of 1956, An Act Establishing an Historic Districts Commission for the Town of Lexington and Defining its Powers and Duties, and Establishing Historic Districts in the Town of Lexington, as amended). At the time the Special Act was enacted, only two other communities - Nantucket and Beacon Hill - had historic district commissions. Subsequent to that time, however, many more communities requested similar legislation and as a result in 1960 the Legislature enacted enabling legislation in Massachusetts General Laws Chapter 40C ("40C") to standardize the administration and practices of historic district commissions across the Commonwealth. Of the 100+ HDCs in Massachusetts, only a few HDCs remain outside this regulatory scheme -- 40C itself provides a conversion mechanism. This Committee will study the provisions of 40C, the differences between 40C and the Lexington Special Act, and the process for conversion to 40C". (For complete text of Selectmen's charge, See Exhibit F.) Following the appointments, the Ad Hoc Committee met several times during January and February, 2018, to compare the two statutes (Lexington's Special Act Ch. 447 and MGL Ch. 40C) and identify the preferred provisions of each. The Ad Hoc Committee members also conducted a series of interviews with representatives of all of the known Special Act communities in Massachusetts, as well as former Special Act communities that had converted to Ch. 40C, to determine their experiences and satisfaction or dissatisfaction with their statutes. (For a list of all the historic district legislation in Massachusetts, see Exhibit G. The questions and answers from the interviews are included in Appendix I, available upon request). Based on these interviews and analysis of the Lexington statute, and recognizing the long and mostly satisfactory experience of the Lexington Historic Districts Commission within the existing framework, it was decided by the Ad Hoc Committee to recommend amending Ch. 447 rather than converting to Ch. 40C. The Ad Hoc Committee then reviewed Ch. 447 to determine what provisions needed to be modified to conform the Act to Massachusetts practice, eliminate ambiguities and vague terms, delete redundancies and reflect modern needs. At the same time, the Ad Hoc Committee was careful to preserve the sections of Ch. 447 that have enabled the preservation of Lexington's historic resources over the last 60 years. The Ad Hoc Committee presented its findings to the Historic Districts Commission on March 1, 2018, whose members voted unanimously to recommend amendments to Ch. 447 to 2018 Annual Meeting. The Ad Hoc Committee also scheduled a public hearing 4 for March 8, 2018, to which the public and former members of the HDC were invited, to receive their comments and questions. The results of this study and hearings are incorporated into a proposed amendment to Chapter 447. This amendment will be presented to the 2018 Annual Town Meeting, requesting Town Meeting Members to authorize the Board of Selectmen to petition the Massachusetts General Court for an act to amend Chapter 447. The text of the amendment, as well as a section-by-section analysis of the proposed changes, are included in the following pages. 5 Proposed Amendment to Chapter 447 Section by Section Analysis As described above, the Ad Hoc Committee considered adopting MGL Ch. 40C versus amending Special Act Ch. 447, and ultimately decided that amending the existing Special Act was the preferred course of action. Accordingly, the Committee makes the recommendations for amending the Special Act set forth in the draft Amendment document attached to this Report as Exhibit D. The proposed changes to Ch. 447 are described below, on a section-by-section basis. Section 3. Definitions (1)Add a new definition of'Person aggrieved" The current version of Ch. 447 permits appeals of HDC findings to the superior court by "any aggrieved person", without further definition (see Section 10, Appeals). This has raised questions as to who has "standing" - the legal term for persons qualified to bring suit because of their specific interest in a case or controversy. Chapter 40C , whose definition is included in these amendments, limits standing to the applicant, the owner of any adjoining property, any owner of property within the same historic district as the applicant's property, any owner of property within 100 feet of the applicant's property lines, and any charitable corporation in which one of its purposes is the preservation of historic structures or districts. Court findings in recent litigation against the HDC refused to permit standing to residents located more remotely from the subject property; it is believed that this amendment will eliminate any ambiguity as to standing in future disputes. (2)Amend the definition of'Structure"to add certain specific examples to the current broad language that refers merely to "a combination of materials other than a building" The HDC, in its guidelines, has long exercised jurisdiction over fences, walls, terraces, walks and driveways, as does Ch. 40C. This amendment codifies this practice to avoid any uncertainty. Section 4. Creation and organization of Historic Districts Commission. Revise the nominating process and specify attributes of Historic District Commission members;delete the requirement that the HDC elect a secretary. The current version of Chapter 447 names four nominating organizations: the Board of Selectmen, the Lexington Historical Society, the Trustees of Cary Memorial Library and the Lexington Arts and Crafts Society. These latter two organizations have often found it difficult to identify qualified candidates; as a result, this amendment replaces those organizations with the Lexington Design Advisory Committee, a committee uniquely qualified to assess and nominate appropriate candidates because 6 of the architectural and design backgrounds and experience of its members. Of course, the Board of Selectmen can continue to seek nominees from the Trustees of Cary Memorial Library and the Lexington Arts and Crafts Society for their designated appointment. The amendment also includes certain criteria for nominations, as developed by the Board of Selectmen and incorporated into the HDC's page on the town website. Finally, the amendment deletes the requirement that the HDC elect a secretary, a post not needed given the staff support provided by the town's Land Use, Health and Development Department. Section 5. Limitations. Delete the reference 'See note 1"appearing at the end of subsection (d). This reference was unclear to the Ad Hoc Committee, and the Committee was unable to determine when it was added or to what provisions it references. For clarity, the Committee recommends deleting it, and a similar "See note 2" appearing at the end of the first paragraph of Section 6. Exclusions. Section 6. Exclusions. (1) In subsection 6(a), include references to the Director of Lexington's Board of Health and/or the Chief of the Lexington Fire Department in determining unsafe or dangerous conditions;require that the danger be immediate. Also, delete the reference to "See note 2"at the end of the subsection. This provision is suggested to provide additional certainty for the HDC in cases where it yields its jurisdiction over protected properties due to an unsafe or dangerous condition which requires immediate remedy. It will also facilitate action where the condition arises and must be corrected before the next regularly scheduled meeting of the HDC. (2) In subsection (b)(1), add language that permits the imposition of conditions to the approval of temporary signs and structures. Ch. 447 has always allowed the HDC to impose conditions on its approvals -- see Section 9, Powers, Functions, and Duties of Commission, subsection(a), 7th paragraph. This proposed language incorporates the Ch. 40C language on temporary structures and signs, providing additional clarity to HDC decision-making. (3)Delete subsection (c)in its entirety. 7 Subsection 9(a)(2), and the definition of"Exterior architectural feature", have always provided for review of paint color by the HDC. This subsection provides, however, that the exterior color of any building in the Historic Districts may be changed to white without application to the HDC for a certificate of appropriateness. HDC guidelines also provide that no hearing is required to paint a house "white". But the guidelines also state that it is appropriate that the Department of Land Use, Health and Development be notified of any change of color, noting that there are many off-shades of white with specific names which are very definite colors. These colors would require an unadvertised, formal hearing. Because of this potential conflict, the Ad Hoc Committee recommends deletion of subsection (c) and reliance on its regular review procedures for applications concerning any color change. Section 8. Meetin_as, Hearings, Time for Makin_a Determinations. Amend this section by deleting the requirement that notices of meetings be sent to parties "deemed by the HDC to be affected thereby"and replacing it with language that specifies that all property owners within 100 feet of the applicant's property be notified. The Ad Hoc Committee believes that the existing language is too discretionary and leaves the HDC exposed to claims from parties who believed they were "affected thereby" yet were not notified. This language adopts the language used by the Planning Board and other Lexington boards and committees for identifying parties entitled to notice. Section 9. Powers, Functions, and Duties of Commission. Delete existing language that prohibits HDC review of relative size and detailed designs of proposed new construction or additions to existing buildings or structures. Add a statement of support for solar energy use and protection. Based on its review of all known Special Act historic district commissions, the Ad Hoc Committee believes that the Lexington HDC is the only historic district commission in the Commonwealth that prohibits the consideration of size and design in reviewing new construction and additions. In contrast, Ch. 40C is explicit in its language permitting such review, as an important element in protecting the architectural and historic integrity of the existing building. The Ad Hoc Committee proposes this language, copied from 40C, to protect its essential powers of review. The Ad Hoc Committee also recognizes the importance of modification of historic structures for energy efficiency, and notes that the HDC has promulgated guidelines to inform the installation of solar facilities in the historic districts. The Ad Hoc Committee therefore proposes that a policy statement be incorporated into the Special Act that reflects the HDC's willingness to accommodate this technology. 8 Section 11. Enforcement. Add a sentence that notes that e very day that a violation of the Special Act pro visions is outstanding constitutes a separate offense and fines may be accessed accordingly. The Ad Hoc Committee notes that the existing penalties for violation of Ch. 447 -- fines of no more than $500 in total -- provide neither disincentives nor adequate mitigation for willful disregard of HDC actions. By imposing a fine on a daily basis, the Lexington HDC would align itself with other Special Act communities and those HDCs that have adopted Ch. 40C. 9 Exhibit A Historic Districts Commission Special Act Chapter 447, Acts of 1956 CHAPTER 447, ACTS OF 1956 AN ACT ESTABLISHING AN HISTORIC DISTRICTS COMMISSION FOR THE TOWN OF LEXINGTON AND DEFINING ITS POWERS AND DUTIES, AND ESTABLISHING HISTORIC DISTRICTS IN THE TOWN OF LEXINGTON (As amended by Ch. 185, Acts of 1958, Ch. 579, Acts of 1966; Ch. 268, Acts of 1978; Ch. 375, Acts of 1982; Ch. 426, Acts of 2000) Section 1. Purpose. - The purpose of this act is to promote the educational, cultural, economic and general welfare of the public through the preservation and protection of historic buildings, places and districts through the development of appropriate settings for said buildings,places and districts and through the maintenance of said buildings, places and districts as landmarks of historic interest. Section 2. Creation of Districts. - There are hereby established in the town of Lexington four historic districts to be known as (1) Battle Green District, (2) Hancock-Clarke District, (3) Munroe Tavern District, and (4)East Village District, bounded as follows: -- Battle Green District: Beginning at the intersection of the northerly line of Hancock Avenue with the easterly line of the railroad right of way; thence southerly and then southeasterly along the easterly and northeasterly line of the railroad right of way to a point in said northeasterly line of the railroad right of way distant two hundred feet southeasterly from the easterly line of Hancock Street; thence northerly along a line distant two hundred feet easterly from and parallel to said easterly line of Hancock Street to the northeasterly lot line of the property now numbered 6 Meriam Street; thence southeasterly along said northeasterly lot line to the northwesterly line of Meriam Street; thence southeasterly in a straight line across Meriam Street to the intersection of the southeasterly line of Meriam Street with the southwesterly line of Oakland Street; thence southeasterly along said southwesterly line of Oakland Street to the westerly lot line of the property now numbered eleven Oakland Street; thence southerly along said westerly lot line and said westerly lot line extended to a point on the northerly line of the railroad right of way; thence easterly along said northerly line of the railroad right of way to the northwesterly line of Woburn Street; thence southwesterly along said northwesterly line of Woburn Street to the easterly line of Fletcher Avenue; thence southwesterly in a straight line across Woburn Street and Massachusetts Avenue to the intersection of the southerly line of Massachusetts Avenue with the westerly line of Winthrop Road; thence southerly and then southwesterly along said westerly and the northwesterly line of Winthrop Road to a point distant two hundred fifty feet southerly from the southerly line of Massachusetts Avenue; thence westerly along a line distant two hundred fifty feet southerly from and parallel to the southerly line of Massachusetts Avenue to a point distant two hundred feet easterly from the easterly line of Waltham. Street; thence southerly along a line distant two hundred feet easterly from and parallel to said easterly line of Waltham Street to the northerly lot line of the property now numbered eighty-two Waltham Street; thence westerly along said northerly lot line to the easterly line of Waltham Street; thence westerly in a straight line to the intersection of the northerly lot line of the property now numbered twenty-two Muzzey Street with the easterly line of Muzzey Street; thence westerly in a straight line across Muzzey Street to the intersection of the westerly line of Muzzey Street with the northerly line of 1 Raymond Street; thence westerly along said northerly line of Raymond Street to the westerly line of Clarke Street; thence southerly along said westerly line of Clarke Street to the intersection of the northeasterly line of Forest Street; thence northwesterly to the easterly lot line of the property now numbered 43 Forest Street; thence northeasterly along said lot line to the southerly lot line of the property now numbered 11 Belfry Terrace; thence northeasterly along the easterly lot line of 9 Belfry Terrace to the southerly lot line of the property now numbered 11 Belfry Terrace; thence northeasterly along the easterly lot line to the northerly lot line of the property now numbered 11 Belfry Terrace; thence northwesterly along the northerly lot line of the property now numbered 9 Belfry Terrace to the southerly lot line of the property now numbered 1906 Massachusetts Avenue to a point three hundred feet southerly from the southerly line of Massachusetts Avenue; thence northwesterly and then westerly along a line distant three hundred feet southwesterly and southerly from and parallel to the southwesterly and southerly line of Massachusetts Avenue to the westerly line of Forest Street; thence northerly along said westerly line of Forest Street to a point two hundred feet southerly from the southerly line of Massachusetts Avenue; thence westerly along a line distant two hundred feet southerly from and parallel to the southerly line of Massachusetts Avenue to the southwesterly line of Parker Street; thence southwesterly by a straight line to the intersection of the westerly line of Worthen Road with the southerly line of Lincoln Street; thence westerly and then southwesterly along said southerly and the southeasterly line of Lincoln Street to a point distant four hundred and fifty feet westerly from the westerly line of Worthen Road; thence northwesterly across Lincoln Street to the intersection of the northwesterly line of Lincoln Street with the northeasterly line of Hastings Road; thence northwesterly along said northeasterly line of Hastings Road to the southeasterly line of Massachusetts Avenue; thence northwesterly in a straight line across Massachusetts Avenue to the intersection of the northwesterly line of Massachusetts Avenue with the northeasterly line of Hastings Road; thence northwesterly along said northeasterly line of Hastings Road to a point distant two hundred feet northwesterly from said northwesterly line of Massachusetts Avenue; thence northeasterly along a line distant two hundred feet northwesterly from and parallel to the northwesterly line of Massachusetts Avenue to the westerly line of Worthen Road; thence northerly and then northeasterly along said southwesterly, westerly and the northwesterly line of Worthen Road to the southwesterly line of Bedford Street; thence northeasterly in a straight line across Bedford Street to the intersection of the northeasterly line of Bedford Street with the southeasterly line of Camellia Place; thence northeasterly along said southeasterly line of Camellia Place to the southwesterly line of the railroad right of way; thence northeasterly in a straight line across said railroad right of way to the point of beginning. Hancock-Clarke District: Beginning at the intersection of the northerly line of Hancock Avenue with the easterly line of the railroad right of way; thence southerly and then southeasterly along the easterly and northeasterly line of the railroad right of way to a point in said northeasterly line of the railroad right of way distant two hundred feet southeasterly from the easterly line of Hancock Street; thence northerly along a line distant two hundred feet easterly from and parallel to said easterly line of Hancock Street to the southerly lot line of the property now numbered forty-five Hancock Street; thence westerly along said southerly lot line to the easterly line of Hancock Street; thence northwesterly in a straight line across Hancock Street to the intersection of the westerly line of Hancock Street with the southerly lot line of the property now numbered forty-six Hancock Street; thence westerly along said southerly lot line four hundred and twenty- nine feet to a point; thence southwesterly in a straight line to a point in the easterly line of the 2 railroad right of way two hundred and forty-eight feet distant northerly from the northerly line of Hancock Avenue; thence southerly along said easterly line of the railroad right of way to the point of beginning. Munroe Tavern District: Beginning at the intersection of the southerly line of the railroad right of way with the northwesterly line of Woburn Street; thence southwesterly along said northwesterly line of Woburn Street to the easterly line of Fletcher Avenue; thence southwesterly in a straight line across Woburn Street and Massachusetts Avenue to the intersection of the southerly line of Massachusetts Avenue with the westerly line of Winthrop Road; thence southerly and then southwesterly along said westerly and the northwesterly line of Winthrop Road to a point distant two hundred feet southerly from the southerly line of Massachusetts Avenue; thence easterly and then southeasterly along a line distant two hundred feet southerly and southwesterly from and parallel to the southerly and southwesterly line of Massachusetts Avenue to the northwesterly line of Percy Road; thence southerly by a straight line across Percy Road to a point in the southeasterly line of Percy Road distant two hundred feet southwesterly from the intersection of said southeasterly line of Percy Road with the westerly line of Tavern Lane; thence southerly and then southeasterly along a line distant two hundred feet westerly and southwesterly from and parallel to the westerly and southwesterly line of Tavern Lane and said southwesterly line extended to the southeasterly line of Eliot Road; thence easterly and then southeasterly along the southerly and southwesterly line of Eliot Road to the southeasterly line of Pelham Road; thence northeasterly along said southeasterly line of Pelham Road to a point distant two hundred feet southwesterly from the southwesterly line of Massachusetts Avenue; thence southeasterly along a line distant two hundred feet southwesterly from and parallel to the southwesterly line of Massachusetts Avenue to the northerly line of Marrett Road; thence easterly along said northerly line of Marrett Road to the southwesterly line of Massachusetts Avenue; thence northerly in a straight line across Massachusetts Avenue to the intersection of the northeasterly line of Massachusetts Avenue with the northwesterly lot line of the property now numbered eleven hundred and fifty-five Massachusetts Avenue; thence northeasterly along said northwesterly lot line to a point two hundred feet distant northeasterly from said northeasterly line of Massachusetts Avenue; thence northwesterly along a line distant two hundred feet northeasterly from and parallel to the northeasterly line of Massachusetts Avenue to the southeasterly lot line of the Muzzey Junior High School Property; thence northeasterly along said southeasterly lot line to the southwesterly lot line of the Munroe Cemetery property; thence northwesterly along said southwesterly lot line to the intersection of said southwesterly lot line with the northwesterly lot line of the Munroe Cemetery property; thence northeasterly along said northwesterly lot line to the southerly line of the railroad right of way; thence westerly along said southerly line of the railroad right of way to the point of beginning. East Village District: Beginning at the intersection of the northeasterly line of Massachusetts Avenue with the northwesterly lot line of the property now numbered eleven hundred and fifty- five Massachusetts Avenue; thence northeasterly along said northwesterly lot line to a point two hundred feet distant northeasterly from said northeasterly line of Massachusetts Avenue; thence southeasterly along a line distant two hundred feet northeasterly from and parallel to the northeasterly line of Massachusetts Avenue to a point distant two hundred feet northwesterly from the northwesterly line of Maple Street; thence northeasterly along a line distant two hundred feet northwesterly from and parallel to said northwesterly line of Maple Street to the 3 southwesterly line of the railroad right of way; thence southeasterly along said southwesterly line of the railroad right of way to a point distant two hundred feet southeasterly from the southeasterly line of Maple Street; thence southwesterly along a line distant two hundred feet southeasterly from and parallel to said southeasterly line of Maple Street to a point distant two hundred feet northerly from the northeasterly line of Massachusetts Avenue; thence southeasterly and then northeasterly and easterly along a line distant two hundred feet northeasterly, northwesterly and northerly from the northeasterly, northwesterly and northerly line of Massachusetts Avenue to the westerly lot line of the property now numbered four hundred and twenty-one Massachusetts Avenue; thence southerly along said westerly lot line and said westerly lot line extended to a point distant two hundred feet southerly from the southerly line of Massachusetts Avenue; thence westerly and then southwesterly and northwesterly along a line distant two hundred feet southerly, southeasterly and southwesterly from and parallel to the southerly, southeasterly and southwesterly line of Massachusetts Avenue to the northerly line of Marrett Road; thence easterly along said northerly line of Marrett Road to the southwesterly line of Massachusetts Avenue; thence northerly in a straight line across Massachusetts Avenue to the point of beginning. The East Village Historic District shall also include an area bounded and described as follows: Beginning at a point on the easterly line of the 1966 East Village Historic District boundary said point being N 84°-43'-07" E distant 17.5+- feet from an iron pin as shown on a plan entitled, "Plan of Land in Lexington, Mass., Scale V=40% January 15, 1981, Joseph W. Moore Co.," on file with the Town engineer; thence N 84°-43'-07' E distant 188+- feet to a point; thence N 85°- 31'-53" E distant 18.00 feet to a point; thence S 13°-56'-31" E distant 168.86 feet to a point; thence S 74°-50'-45" W distant 36.07 feet to a point; then S 15°-09'-15" E distant 40.93 feet to a point, thence S 66°-48'-45" W distant 171+- feet to a point on the aforesaid East Village Historic District boundary; thence by said line northwesterly 272+- feet to the point of beginning. Wherever only part of any building or structure is within an historic district according to the boundary lines as heretofore defined in this section, there shall be included within the historic district the entire land area occupied, or to be occupied, by all of said building or structure so that the whole building or structure shall be considered to be within the historic district for the purposes of this act. Section 3. Definitions. - As used in this act, the following words and terms shall have the following meanings: - "Building", a combination of materials having a roof and forming a shelter for persons, animals or property. "Building inspector", the building inspector of the town of Lexington. "Commission", the historic districts commission established by section four. "Erected" the word "erected" includes the words "built" "constructed" "reconstructed" "restored", "altered", "enlarged", and "moved". 4 "Exterior architectural feature", the architectural style and general arrangement of such portion of the exterior of a building or structure as is designed to be open to view from a public street, way, or place including the kind, color and texture of the building materials of such portion and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such portion. "Historic districts", the districts established by section two. "Person", the word "person" includes an individual, a corporate or unincorporated organization or association and the town of Lexington. "Structure", a combination of materials, other than a building, sign or billboard. Section 4. Creation and Organization of Historic Districts Commission. - There is hereby established in the town of Lexington an Historic Districts Commission consisting of five unpaid members who shall be residents of the town of Lexington, to be appointed by the selectmen of the town as follows: - two from four candidates nominated by the Lexington Historical Society, one from two candidates nominated by The Lexington Arts and Crafts Society, Inc., one from two candidates nominated by the trustees of the Cary Memorial Library and one member selected at large by the selectmen. The members initially appointed hereunder shall serve, in the case of one member appointed upon nomination of the Lexington Historical Society, for a term expiring one year; in the case of the member appointed upon nomination of The Lexington Arts and Crafts Society, Inc., for a term expiring two years, in the case of the member appointed upon nomination of the trustees of the Cary Memorial Library, for a term expiring three years, in the case of the second member appointed upon nomination of the Lexington Historical Society, for a term expiring four years, in the case of the member appointed at large by the selectmen, for a term expiring five years, from January first following the year of such appointments. The selectmen also shall appoint for terms of five years from January first following the year of such appointments four associate members of the commission selected from candidates nominated by the aforesaid organizations and trustees, each such organization and trustees to nominate two each when two or more associate members are to be appointed and to nominate one each when only one associate member is to be appointed. In case of the absence, inability to act, or interest on the part of a member of the commission his place may be taken by an associate member designated by the chairman of the commission. In case of a vacancy on said commission the chairman may designate an associate member to serve as a member of the commission until said vacancy is filled as provided in this section. As the term of any member or associate member expires, his successor shall be appointed in like manner for a term of five years. Vacancies in the commission shall be filled in the same manner for the unexpired term. Every member and associate member shall continue in office after the expiration of his term until his successor is duly appointed and qualified. Any member or associate member may be removed for cause by the appointing authority upon written charges and after a public hearing. The commission shall elect a chairman and a secretary from its membership. In the case of absence of the chairman from any meeting, the commission shall elect a chairman pro tempore for such meeting. 5 Section 5. Limitations. - (a) No building or structure, except as provided under section six, shall be erected within the historic districts unless and until an application for a certificate of appropriateness as to exterior architectural features which are subject to view from a public street, way, or place shall have been filed with the commission and either a certificate of appropriateness, or a certificate that no exterior architectural feature is involved, shall have been issued by the commission. (b) No building or structure within the historic districts shall be changed as to exterior color features which are subject to view from a public street, way, or place unless and until an application for a certificate of appropriateness as to change in such color features shall have been filed with the commission and such certificate shall have been issued by the commission. (c) No building or structure within the historic districts, except as provided under section six, shall be demolished or removed unless and until an application for a permit to demolish or remove the same shall have been filed with the commission, and such permit shall have been issued by the commission. (d) No occupational, commercial, or other sign, except as provided under section six, and no billboard shall be erected or displayed on any lot, or the exterior of any building or structure within the historic districts unless and until an application for a certificate of appropriateness shall have been filed with the commission, and such certificate shall have been issued by the commission. In the case of any such sign or billboard erected or displayed prior to the effective date of this act, there shall be allowed a period of five years, subsequent to said effective date, in which to obtain such certificate. (See note 1) (e) Except in cases excluded by section six: - (1) No permit shall be issued by the building inspector for any building or structure to be erected within the historic districts, unless the application for said permit shall be accompanied either by a certificate of appropriateness or a certificate that no exterior architectural feature is involved, issued under section nine. (2) No permit shall be issued by the building inspector for the demolition or removal of any building or structure within the historic districts unless the application for said permit shall be accompanied by a permit issued under said section nine. Section 6. Exclusions. - (a) Nothing in this act shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of any building or structure within the historic districts; nor shall anything in this act be construed to prevent the erection, construction, reconstruction, restoration, alteration, or demolition of any such feature which the building inspector shall certify is required by the public safety because of an unsafe or dangerous condition; nor shall anything in this act be construed to prevent the erection, construction, 6 reconstruction, restoration, alteration, or demolition of any such feature under a permit issued by the building inspector prior to the effective date of this act. (See note 2) (b) The following structures and signs may be erected or displayed within the historic districts without the filing of an application for, or the issuance of, a certificate of appropriateness: - 1. Section 2, Chapter 579, Acts of 1966 provides: "In the case of any sign or billboard erected or displayed on the effective date of this act within an historic district established by this act or within any territory added by this act to an existing historic district there shall be allowed a period of five years subsequent to said effective date in which to obtain the certificate of appropriateness required by paragraph (d) of section five of chapter four hundred and forty-seven of the acts of nineteen hundred and fifty-six." 2. Section 3, Chapter 579, Acts of 1966 provides: "The provisions of this act shall not be construed to prevent the erection, construction, reconstruction, restoration, alteration, or demolition of any exterior architectural feature, under a permit issued by the building inspector prior to the effective date of this act, within an historic district established by this act or within any territory added by this act to an existing historic district." (1) Temporary structures or signs for use in connection with any official celebration or parade, or any charitable drive in the town, provided that any such structure or sign shall be removed within three days following the termination of the celebration, parade or charitable drive for which said structure or sign shall have been erected or displayed. Any other temporary structures or signs which the commission shall determine from time to time may be excluded from the provisions of section five without substantial derogation from the intent and purposes of this act. (2) Real estate signs of not more than three square feet in area advertising the sale or rental of the premises on which they are erected or displayed. (3) Occupational or other signs of not more than one square foot in area and not more than one such sign, irrespective of size, bearing the name, occupation or address of the occupant of the premises on which such sign is erected or displayed where such premises are located within an R-1 one family dwelling district as defined in the Zoning By-Law of the town of Lexington. (c) The exterior color of any building or structure within the historic districts may be changed to white without the filing of an application for, or the issuance of, a certificate of appropriateness. Section 7. Applications to be Filed with Commission. - Excepting cases excluded by section six, any person who desires to erect, build, construct, reconstruct, restore, alter, move, demolish, 7 remove, or change the exterior color features of any building or structure now or hereafter within the historic districts, or to erect or display within the historic districts any sign or billboard for which a certificate of appropriateness is required under paragraph (d) of section five, shall file with the commission an application for a certificate of appropriateness or a permit for demolition or removal, as the case may be, together with such plans, elevations, specifications, material and other information as shall be deemed necessary by the commission to enable it to make a determination on the application. Section 8. Meetings, Hearings, Time for Making Determinations. - Meetings of the commission shall be held at the call of the chairman and also when called in such other manner as the commission shall determine in its rules. Five members, including associate members, of the commission shall constitute a quorum. The commission shall determine promptly after the filing of an application for a certificate of appropriateness as to exterior architectural features, whether the application involved any such features. If the commission determines that such application involves any exterior architectural features, the commission shall hold a public hearing on such application. The commission also shall hold a public hearing on all other applications required to be filed with it under this act, except that the commission may approve an application for a change in exterior color features without holding a hearing if it determines that the color change proposed is appropriate. The commission shall fix a reasonable time for the hearing on any application and shall give public notice thereof by publishing notice of the time, place, and purpose of the hearing in a local newspaper at least fourteen days before said hearing and also, within seven days of said hearing, mail a copy of said notice to the applicant, to the owners of all property deemed by the commission to be affected thereby as they appear on the most recent local tax list, to the planning board of the town, and to such other persons as the commission shall deem entitled to notice. As soon as convenient after such public hearing but in any event within sixty days after the filing of the application, or within such further time as the applicant shall allow in writing, the commission shall make a determination on the application. If the commission shall fail to make a determination within said sixty days, or within such further time allowed by the applicant, the commission shall be deemed to have approved the application. Section 9. Powers, Functions, and Duties of Commission. - The commission shall have the following powers, functions and duties: (a) It shall pass upon: - (1) The appropriateness of exterior architectural features of buildings and structures to be erected within the historic districts wherever such features are subject to view from a public street, way, or place. (2) The appropriateness of changes in exterior color features of buildings and structures within the historic districts wherever such features are subject to view from a public street, way, or place. 8 (3) The demolition or removal of any building or structure within the historic districts. The commission may refuse a permit for the demolition or removal of any building or structure of architectural or historic interest, the removal of which in the opinion of the commission would be detrimental to the public interest. (4) The appropriateness of the erection or display of occupational, commercial or other signs and billboards within the historic districts wherever a certificate of appropriateness for any such sign or billboard is required under paragraph (d) of section five. In passing upon appropriateness, demolition or removal, the commission shall determine whether the features, demolition or removal, sign or billboard involved will be appropriate for the purposes of this act and, if it shall be determined to be inappropriate, shall determine whether, owing to conditions especially affecting the building, structure, sign or billboard involved, but not affecting the historic district generally, failure to approve an application will involve a substantial hardship to the applicant and whether such application may be approved without substantial detriment to the public welfare and without substantial derogation from the intent and purposes of this act. If the commission determines that the features, demolition or removal, sign or billboard involved will be appropriate or, although inappropriate, owing to conditions as aforesaid, failure to approve an application will involve substantial hardship to the applicant and approval thereof may be made without substantial detriment or derogation as aforesaid, the commission shall approve the application; but if the commission does not so determine, the application shall be disapproved. In passing upon appropriateness the commission shall consider, among other things, the historical value and significance of the building or structure, the general design, arrangement, texture, material, and color of the features, sign or billboard involved and the relation of such factors to similar factors of buildings and structures in the immediate surroundings. The commission shall not consider relative size of buildings and structures, or detailed designs, interior arrangement and other building features not subject to public view. In approving an application the commission may impose conditions which, if the certificate of appropriateness is acted upon, shall be binding upon the applicant, the owner of the property and his successors in title. The concurring vote of three members, including associate members, of the commission shall be necessary to make a determination in favor of the applicant on any matter upon which the commission is required to pass under this act. (b) In the case of an approval by the commission of an application for a certificate of appropriateness or a permit for demolition or removal, or in the event an application is deemed approved through failure to make a determination within the time specified in 9 section eight, the commission shall cause a certificate of appropriateness or a permit for demolition or removal, as the case may be, dated and signed by its chairman or chairman pro tempore, to be issued to the applicant. (c) In the case of disapproval of an application for a certificate of appropriateness or a permit for demolition or removal, the commission shall cause a notice of its determination, dated and signed by its chairman or chairman pro tempore, to be issued to the applicant, setting forth therein the reasons for its determination, and, as to applications for a certificate of appropriateness, the commission may make recommendations to the applicant with respect to appropriateness of design, arrangement, texture, material, color, and similar factors. The commission shall not make any recommendations except for the purpose of preventing developments obviously incongruous to the purposes set forth in this act. (d) In the case of a determination by the commission that an application for a certificate of appropriateness does not involve any exterior architectural feature, the commission shall cause a certificate of such determination, dated and signed by its chairman or chairman pro tempore, to be issued forthwith to the applicant. (e) The commission shall keep a permanent record of its resolutions, transactions, and determinations, and may make such rules and regulations consistent with this act and prescribe such forms as it shall deem desirable and necessary. (f) The commission shall file with the town clerk a notice of all determinations made by it, and approvals of applications through failure of the commission to make a determination within the time allowed under section eight, except that no notice of a determination that an application for a certificate of appropriateness does not involve any exterior architectural feature shall be filed. (g) The commission may incur expenses necessary to the carrying on of its work within the amount of its appropriation. Section 10. Appeals. - Any person aggrieved by a determination of the commission or by an approval of an application through failure of the commission to make a determination within the time allowed under section eight, whether or not previously a party to the proceeding, or any officer or board of the town may, within fifteen days after the filing of a notice of such determination or approval with the town clerk, appeal to the superior court sitting in equity for the county of Middlesex. The court shall hear all pertinent evidence and determine the facts and if, upon the facts so determined, such determination or approval is found to exceed the authority of the commission, the court shall annul such determination or approval and remand the case for further action by the commission. The remedies provided by this section shall be exclusive; but the parties shall have all rights of appeal and exception as in other equity cases. Costs shall not be allowed against the commission unless it shall appear to the court that the commission acted in bad faith or with malice in the matter from which the appeal was taken. 10 Costs shall not be allowed against the party appealing from such determination or approval of the commission unless it shall appear to the court that said parry acted in bad faith or with malice in making the appeal to the court. Section 11. Enforcement. - Any person who violates any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten dollars nor more than five hundred dollars. The superior court sitting in equity for the county of Middlesex shall have jurisdiction to enforce the provisions of this act and the determinations, rulings, and regulations issued thereunder and may restrain by injunction violations thereof and issue such other orders for relief of violations as may be required. In addition to the foregoing, the town of Lexington may by by-law, not inconsistent with section 21D of chapter 40 of the General Laws, provide for the noncriminal disposition of violations of this act and the determinations, rulings and regulations issued under this act. (Added by Chapter 426 of the Acts of 2000) Section 12. Severability of Provisions. - The provisions of this act shall be deemed to be severable; and in case any section, paragraph or part of this act shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair the validity of any other sections, paragraphs or parts of this act. Section 13. Effective Date of Act. - This act shall take effect upon its acceptance by the town by vote of its town meeting members at an annual town meeting or any special town meeting called for the purpose. Approved June 11, 1956. Chapter 447, Acts of 1956 accepted at a Special Town Meeting held November 19, 1956 (Article 5.). 11 Exhibit B Massachusetts General Laws Chapter 40C GENERAL LAWS OF MASSACHUSETTS PART L ADMINISTRATION OF THE GOVERNMENT TITLE VIL CITIES, TOWNS AND DISTRICTS CHAPTER 40C. HISTORIC DISTRICTS Chapter 40C, Section 1. Citation. Chapter 40C, Section 2. Purpose. Chapter 40C, Section 3. Establishment of historic districts, pre-requisites, enlargement or reduction of boundaries, amendment of creating ordinance, filing of maps. Chapter 40C, Section 4. Study committees, commissions, establishment, membership, terms; vacancies, compensation, officers. Chapter 40C, Section 5. Definitions. Chapter 40C, Section 6. Certificates of a�propriateness, non-applicability or hardship, necessity; applications and plans, etc., building and demolition permits restricted. Chapter 40C, Section 7. Factors to be considered by commission. Chapter 40C, Section 8. Review authority of commission over certain categories of buildings, structures or exterior architectural features limited, authorization. Chapter 40C, Section 9. Maintenance and repair or replacement. Chapter 40C, Section 10. Additional powers, functions and duties of commission. Chapter 40C, Section 11. Approval or disapproval of exterior architectural features by commission, meetings, _applications for certificates,public hearings,for certificates,public hearings, notices. Chapter 40C, Section 12. Review procedure provided by local ordinance or by-law. Chapter 40C, Section 12A. Appeal to superior court. Chapter 40C, Section 13. Jurisdiction of superior court, penalty. Chapter 40C, Section 14. Powers and duties of commissions established as historical commissions. Chapter 40C, Section 15. Filing of ordinances, maps, reports, etc. Chapter 40C, Section 16. Special historic districts, acceptance and effect of this chapter. 1 Chapter 40C, Section 17. Severability. Section 1. Citation This chapter shall be known and may be cited as the Historic Districts Act. Section 2. Purpose The purpose of this chapter is to promote the educational, cultural, economic and general welfare of the public through the preservation and protection of the distinctive characteristics of buildings and places significant in the history of the commonwealth and its cities and towns or their architecture, and through the maintenance and improvement of settings for such buildings and places and the encouragement of design compatible therewith. Section 3. Establishment of historic districts; pre-requisites; enlargement or reduction of boundaries; amendment of creating ordinance; filing of maps A city or town may, by ordinance or by-law adopted by two-thirds vote of the city council in a city or by a two-thirds vote of a town meeting in a town, establish historic districts subject to the following provisions:— Prior to the establishment of any historic district in a city or town an investigation and report on the historical and architectural significance of the buildings, structures or sites to be included in the proposed historic district or districts shall be made by an historic district study committee or by an historic district commission, as provided in this section and in section four, who shall transmit copies of the report to the planning board, if any, of the city or town, and to the Massachusetts historical commission for their respective consideration and recommendations. The buildings, structures or sites to be included in the proposed historic district may consist of one or more parcels or lots of land, or one or more buildings or structures on one or more parcels or lots of land. The Massachusetts historical commission may consult with the director of economic development, the director of housing and community development and the commissioner of environmental management with respect to such reports, and may make guidelines for such reports, and, after public hearing, establish rules as to their form and manner of transmission. Not less than sixty days after such transmittal the study committee shall hold a public hearing on the report after due notice given at least fourteen days prior to the date thereof, which shall include a written notice mailed postage prepaid, to the owners as they appear on the most recent real estate tax list of the board of assessors of all properties to be included in such district or districts. The committee shall submit a final report with its recommendations, a map of the proposed district or districts and a draft of a proposed ordinance or by-law, to the city council or town meeting. An historic district may be enlarged or reduced or an additional historic district in a city or town created in the manner provided for creation of the initial district, except that(a) in the case of the enlargement or reduction of an existing historic district the investigation, report and hearing shall be by the historic district commission having jurisdiction over such historic district instead of by a study committee; (b) in the case of creation of an additional historic district the investigation, report and hearing shall be by the historic district commission of the city or town, or by the 2 historic district commissions acting jointly if there be more than one, instead of by a study committee unless the commission or commissions recommend otherwise; and (c) if the district is to be reduced written notice as above provided of the commission's hearing on the proposal shall be given to said owners of each property in the district. Any ordinance or by-law creating an historic district may, from time to time, be amended in any manner not inconsistent with the provisions of this chapter by a two-thirds vote of the city council in a city or by a two-thirds vote of a town meeting in a town,provided that the substance of such amendment has first been submitted to the historic district commission having jurisdiction over such district for its recommendation and its recommendation has been received or sixty days have elapsed without such recommendation. No ordinance or by-law creating an historic district, or changing the boundaries of an historic district, shall become effective until a map or maps setting forth the boundaries of the historic district, or the change in the boundaries thereof, has been filed with the city clerk or town clerk and has been recorded in the registry of deeds for the county or district in which the city or town is located, and the provisions of section thirteen A of chapter thirty-six shall not apply. Section 4. Study committees; commissions; establishment; membership; terms; vacancies; compensation; officers An historic district study committee may be established in any city or town by vote of the city council or board of selectmen for the purpose of making an investigation of the desirability of establishing an historic district or districts therein. The study committee shall consist of not less than three nor more than seven members appointed in a city by the mayor, subject to confirmation by the city council, or in a town by the board of selectmen, including one member from two nominees submitted by the local historical society or, in the absence thereof, by the Society for the Preservation of New England Antiquities, one member from two nominees submitted by the chapter of the American Institute of Architects covering the area, and one member from two nominees of the board of realtors, if any, covering the area. If within thirty days after submission of a written request for nominees to any of the organizations herein named no such nominations have been made the appointing body may proceed to appoint the study committee without nominations by such organization. Whenever an historic district is established as provided in section three an historic district commission shall be established which shall consist of not less than three nor more than seven members. An historic district commission shall be appointed in a city by the mayor, subject to confirmation by the city council, or in a town by the board of selectmen, in the same manner as an historic district study committee unless (a) the report recommending its establishment recommends alternate or additional organizations to submit nominees for membership and states reasons why such alternate or additional organizations would be appropriate or more appropriate for the particular city or town, the Massachusetts historical commission does not recommend otherwise prior to the public hearing on the establishment of the district, and the ordinance or by- law so provides; or (b) there is an existing historic district commission in the city or town which the report recommends should administer the new district, and the ordinance or by-law so 3 provides. Unless the report recommends otherwise on account of the small number of residents or individual property owners, and the ordinance or by-law so provides, the members of the historic district commission shall include one or more residents of or owners of property in an historic district to be administered by the commission. If within thirty days after submission of a written request for nominees to an organization entitled to submit nominations for membership on the commission no such nominations have been made the appointing body may proceed to make the appointment to the commission without nomination by such organization. The appointments to membership in the commission shall be so arranged that the term of at least one member will expire each year, and their successors shall be appointed in the same manner as the original appointment for terms of three years. Vacancies shall be filled in the same manner as the original appointment for the unexpired term. Ordinances or by-laws adopted hereunder may provide for the appointment of alternate members not exceeding in number the principal members who need not be from nominees of organizations entitled to nominate members. In case of the absence, inability to act or unwillingness to act because of self-interest on the part of a member of the commission, his place shall be taken by an alternate member designated by the chairman. Each member and alternate shall continue in office after the expiration of his term until his successor is duly appointed and qualified. All members shall serve without compensation. The commission shall elect annually a chairman and vice-chairman from its own number and a secretary from within or without its number. Section 5. Definitions As used in this chapter the word "altered" includes the words "rebuilt", "reconstructed", "restored", "removed" and "demolished" and the phrase "changed in exterior color"; the word "building" means a combination of materials forming a shelter for persons, animals or property; the word "commission" means the commission acting as the historic district commission; the word "constructed" includes the words "built", "erected", "installed", "enlarged", and "moved",- the words "exterior architectural feature" means such portion of the exterior of a building or structure as is open to view from a public street, public way, public park or public body of water, including but not limited to the architectural style and general arrangement and setting thereof, the kind, color and texture of exterior building materials, the color of paint or other materials applied to exterior surfaces and the type and style of windows, doors, lights, signs and other appurtenant exterior fixtures; the words "person aggrieved" mean the applicant, an owner of adjoining property, an owner of property within the same historic district as property within one hundred feet of said property lines and any charitable corporation in which one of its purposes is the preservation of historic structures or districts; and the word "structure" means a combination of materials other than a building, including a sign, fence, wall, terrace, walk or driveway. Section 6. Certificates of appropriateness, non-applicability or hardship; necessity; applications and plans, etc.; building and demolition permits restricted Except as the ordinance or by-law may otherwise provide in accordance with section eight or said section eight or nine, no building or structure within an historic district shall be constructed or altered in any way that affects exterior architectural features unless the commission shall first have issued a certificate of appropriateness, a certificate of non-applicability or a certificate of hardship with respect to such construction or alteration. 4 Any person who desires to obtain a certificate from the commission shall file with the commission an application for a certificate of appropriateness, a certificate of non-applicability or a certificate of hardship, as the case may be, in such form as the commission may reasonably determine, together with such plans, elevations, specifications, material and other information, including in the case of demolition or removal a statement of the proposed condition and appearance of the property thereafter, as may be reasonably deemed necessary by the commission to enable it to make a determination on the application. No building permit for construction of a building or structure or for alteration of an exterior architectural feature within an historic district and no demolition permit for demolition or removal of a building or structure within an historic district shall be issued by a city or town or any department thereof until the certificate required by this section has been issued by the commission. Section 7. Factors to be considered by commission In passing upon matters before it the commission shall consider, among other things, the historic and architectural value and significance of the site, building or structure, the general design, arrangement, texture, material and color of the features involved, and the relation of such features to similar features of buildings and structures in the surrounding area. In the case of new construction or additions to existing buildings or structures the commission shall consider the appropriateness of the size and shape of the building or structure both in relation to the land area upon which the building or structure is situated and to buildings and structures in the vicinity, and the commission may in appropriate cases impose dimensional and set-back requirements in addition to those required by applicable ordinance or by-law. When ruling on applications for certificates of appropriateness for solar energy systems, as defined in section one A of chapter forty A, the commission shall also consider the policy of the commonwealth to encourage the use of solar energy systems and to protect solar access. The commission shall not consider interior arrangements or architectural features not subject to public view. The commission shall not make any recommendation or requirement except for the purpose of preventing developments incongruous to the historic aspects or the architectural characteristics of the surroundings and of the historic district. Section 8. Review authority of commission over certain categories of buildings, structures or exterior architectural features limited; authorization (a) Any city or town may provide in the ordinance or by-law establishing a district or in any amendment thereof that the authority of the commission shall not extend to the review of one or more of the following categories of buildings or structures or exterior architectural features in the historic district, and, in this event, the buildings or structures or exterior architectural features so excluded may be constructed or altered within the historic district without review by the commission: 5 (1) Temporary structures or signs, subject, however, to such conditions as to duration of use, location, lighting, removal and similar matters as the commission may reasonably specify. (2) Terraces, walks, driveways, sidewalks and similar structures, or any one or more of them,provided that any such structure is substantially at grade level. (3)Walls and fences, or either of them. (4) Storm doors and windows, screens, window air conditioners, lighting fixtures, antennae and similar appurtenances, or any one or more of them. (5) The color of paint. (6) The color of materials used on roofs. (7) Signs of not more than one square foot in area in connection with use of a residence for a customary home occupation or for professional purposes, provided only one such sign is displayed in connection with each residence and if illuminated is illuminated only indirectly; and one sign in connection with the nonresidential use of each building or structure which is not more than twelve square feet in area, consist of letters painted on wood without symbol or trademark and if illuminated is illuminated only indirectly; or either of them. (8) The reconstruction, substantially similar in exterior design, of a building, structure or exterior architectural feature damaged or destroyed by fire, storm or other disaster, provided such reconstruction is begun within one year thereafter and carried forward with due diligence. (b) A commission may determine from time to time after public hearing that certain categories of exterior architectural features, colors, structures or signs, including, without limitation, any of those enumerated under paragraph (a), if the provisions of the ordinance or by-law do not limit the authority of the commission with respect thereto, may be constructed or altered without review by the commission without causing substantial derogation from the intent and purposes of this chapter. (c) A city or town may provide in its ordinance or by-law, or in any amendment thereof, that the authority of the commission shall be limited to exterior architectural features within a district which are subject to view from one or more designated public streets, public ways, public parks or public bodies of water, although other portions of buildings or structures within the district may be otherwise subject to public view, and, in the absence of such provision of the ordinance or by-law, a commission may determine from time to time after public hearing that the authority of the commission may be so limited without substantial derogation from the intent and purposes of this chapter. 6 (d) Upon request the commission shall issue a certificate of nonapplicability with respect to construction or alteration in any category then not subject to review by the commission in accordance with the provisions of paragraph(a), (b) or(c). Section 9. Maintenance, repair or replacement. Nothing in this chapter shall be construed to prevent the ordinary maintenance, repair or replacement of any exterior architectural feature within an historic district which does not involve a change in design, material, color or the outward appearance thereof, nor to prevent landscaping with plants, trees or shrubs, nor construed to prevent the meeting of requirements certified by a duly authorized public officer to be necessary for public safety because of an unsafe or dangerous condition, nor construed to prevent any construction or alteration under a permit duly issued prior to the effective date of the applicable historic district ordinance or by- law. Section 10. Additional powers, functions and duties of commission The commission shall have the following additional powers, functions and duties:—(a) If the commission determines that the construction or alteration for which an application for a certificate of appropriateness has been filed will be appropriate for or compatible with the preservation or protection of the historic district, the commission shall cause a certificate of appropriateness to be issued to the applicant. In the case of a disapproval of an application for a certificate of appropriateness the commission shall place upon its records the reasons for such determination and shall forthwith cause a notice of its determination, accompanied by a copy of the reasons therefor as set forth in the records of the commission, to be issued to the applicant, and the commission may make recommendations to the applicant with respect to appropriateness of design, arrangement, texture, material and similar features. Prior to the issuance of any disapproval the commission may notify the applicant of its proposed action accompanied by recommendations of changes in the applicant's proposal which, if made, would make the application acceptable to the commission. If within fourteen days of the receipt of such a notice the applicant files a written modification of his application in conformity with the recommended changes of the commission, the commission shall cause a certificate of appropriateness to be issued to the applicant. (b) In the case of a determination by the commission that an application for a certificate of appropriateness or for a certificate of nonapplicability does not involve any exterior architectural feature, or involves an exterior architectural feature which is not then subject to review by the commission in accordance with the provisions of section eight, the commission shall cause a certificate of nonapplicability to be issued to the applicant. (c) If the construction or alteration for which an application for a certificate of appropriateness has been filed shall be determined to be inappropriate, or in the event of an application for a certificate of hardship, the commission shall determine whether, owing to conditions especially affecting the building or structure involved, but not affecting the historic district generally, failure to approve an application will involve a substantial hardship, financial or otherwise, to the applicant and whether such application may be approved without substantial detriment to the 7 public welfare and without substantial derogation from the intent and purposes of this chapter. If the commission determines that owing to such conditions failure to approve an application will involve substantial hardship to the applicant and approval thereof may be made without such substantial detriment or derogation, or in the event of failure to make a determination on an application within the time specified in section eleven, the commission shall cause a certificate of hardship to be issued to the applicant. (d) Each certificate issued by the commission shall be dated and signed by its chairman, vice- chairman, secretary or such other person designated by the commission to sign such certificates on its behalf. (e) The commission shall keep a permanent record of its resolutions, transactions, and determinations and of the vote of each member participating therein, and may adopt and amend such rules and regulations not inconsistent with the provisions of this act and prescribe such forms as it shall deem desirable and necessary for the regulation of its affairs and the conduct of its business. The commission shall file a copy of any such rules and regulations with the city or town clerk. (f) The commission shall file with the city or town clerk and with any department of the city or town having authority to issue building permits a copy or notice of all certificates and determinations of disapproval issued by it. (g) A commission may after public hearing set forth in such manner as it may determine the various designs of certain appurtenances, such as light fixtures, which will meet the requirements of an historic district and a roster of certain colors of paint and roofing materials which will meet the requirements of an historic district, but no such determination shall limit the right of an applicant to present other designs or colors to the commission for its approval. (h) The commission may, subject to appropriation, employ clerical and technical assistants or consultants and incur other expenses appropriate to the carrying on of its work, and may accept money gifts and expend the same for such purposes. The commission may administer on behalf of the city or town any properties or easements, restrictions or other interests in real property which the city or town may have or may accept as gifts or otherwise and which the city or town may designate the commission as the administrator thereof. (i) The commission shall have, in addition to the powers, authority and duties granted to it by this act, such other powers, authority and duties as may be delegated or assigned to it from time to time by vote of the city council or town meeting. Section 11. Approval or disapproval of exterior architectural features by commission; meetings; applications for certificates; public hearings; notices Meetings of a commission shall be held at the call of the chairman and shall be called at the request of two members of the commission and in such other manner as the commission shall determine in its rules. A majority of the members of a commission shall constitute a quorum. The 8 concurring vote of a majority of the members of the commission shall be necessary to issue a certificate of appropriateness, a certificate of non-applicability or a certificate of hardship. A commission shall determine promptly, and in all events within fourteen days after the filing of an application for a certificate of appropriateness, a certificate of non-applicability or a certificate of hardship, as the case may be, whether the application involves any exterior architectural features which are subject to approval by the commission. If a commission determines that such application involves any such features which are subject to approval by the commission the commission shall hold a public hearing on such application unless such hearing is dispensed with as hereinafter provided. The commission shall fix a reasonable time for the hearing on any application and shall give public notice of the time, place and purposes thereof at least fourteen days before said hearing in such manner as it may determine, and by mailing, postage prepaid, a copy of said notice to the applicant, to the owners of all adjoining property and other property deemed by the commission to be materially affected thereby as they appear on the most recent real estate tax list of the board of assessors, to the planning board of the city or town, to any person filing written request for notice of hearings, such request to be renewed yearly in December, and to such other persons as the commission shall deem entitled to notice. As soon as convenient after such public hearing but in any event within sixty days after the filing of the application, or such lesser period as the ordinance or by-law may provide, or within such further time as the applicant may allow in writing, the commission shall make a determination on the application. If the commission shall fail to make a determination within such period of time the commission shall thereupon issue a certificate of hardship. A public hearing on an application need not be held if such hearing is waived in writing by all persons entitled to notice thereof. In addition, a public hearing on an application may be waived by the commission if the commission determines that the exterior architectural feature involved or its category or color, as the case may be, is so insubstantial in its effect on the historic district that it may be reviewed by the commission without public hearing on the application, provided, however, that if the commission dispenses with a public hearing on an application notice of the application shall be given to the owners of all adjoining property and other property deemed by the commission to be materially affected thereby as above provided and ten days shall elapse after the mailing of such notice before the commission may act upon such application. Section 12. Review procedure provided by local ordinance or by-law A city or town may provide in its ordinance or by-law or in any amendment thereof, for a review procedure whereby any person aggrieved by a determination of the commission may, within twenty days after the filing of the notice of such determination with the city or town clerk, file a written request with the commission for a review by a person or persons of competence and experience in such matters, designated by the regional planning agency of which the city or town is a member. If the city or town is not a member of a regional planning agency, the department of community affairs shall select the appropriate regional planning agency. 9 The finding of the person or persons making such review shall be filed with the city or town clerk within forty-five days after the request, and shall be binding on the applicant and the commission, unless a further appeal is sought in the superior court as provided in section twelve A. Section 12A. Appeal to superior court Any person aggrieved by a determination of the commission, or by the finding of a person or persons making a review, if the provisions of section twelve are included in a local ordinance or by-law, may, within twenty days after the filing of the notice of such determination or such finding with the city or town clerk, appeal to the superior court sitting in equity for the county in which the city or town is situated. The court shall hear all pertinent evidence and shall annul the determination of the commission if it finds the decision of the commission to be unsupported by the evidence or to exceed the authority of the commission, or may remand the case for further action by the commission or make such other decree as justice and equity may require. The remedy provided by this section shall be exclusive but the parties shall have all rights of appeal and exception as in other equity cases. Costs shall not be allowed against the commission unless it shall appear to the court that the commission acted with gross negligence, in bad faith or with malice in the matter from which the appeal was taken. Costs shall not be allowed against the party appealing from such determination of the commission unless it shall appear to the court that such party acted in bad faith or with malice in making the appeal to the court. Section 13. Jurisdiction of superior court; penalty The superior court sitting in equity for the county in which the city or town is situated shall have jurisdiction to enforce the provisions of this chapter and any ordinance or by-law enacted hereunder and the determinations, rulings and regulations issued pursuant thereto and may, upon the petition of the mayor or of the board of selectmen or of the commission, restrain by injunction violations thereof; and, without limitation, such court may order the removal of any building, structure or exterior architectural feature constructed in violation thereof, or the substantial restoration of any building, structure or exterior architectural feature altered or demolished in violation thereof, and may issue such other orders for relief as may be equitable. Whoever violates any of the provisions of this chapter shall be punished by a fine of not less than ten dollars nor more than five hundred dollars. Each day during any portion of which a violation continues to exist shall constitute a separate offense. Section 14. Powers and duties of commissions established as historical commissions If the city council or town meeting so votes a commission established hereunder shall have the powers and duties of an historical commission as provided in section eight D of chapter forty and, in this event, a commission may be entitled an historical commission. Section 15. Filing of ordinances, maps, reports, etc. 10 All ordinance or by-laws creating an historic district adopted by a city or town under authority of this chapter and under authority of any special law, unless the special law shall otherwise provide, amendments thereto, maps of historic districts created thereunder, and annual reports and other publications of commissions, and rosters of membership therein, shall be filed with the Massachusetts historical commission. Section 16. Special historic districts; acceptance and effect of this chapter A city or town in which there is located an historic district established under a special law may, upon recommendation of the historic district commission having jurisdiction over such district, accept the provisions of this chapter with respect to such district by a two-thirds vote of the city council in a city or by two-thirds vote of a town meeting in a town, and thereafter such historic district shall be subject to the provisions of this chapter notwithstanding the terms of any special act pursuant to which such historic district was created. The provisions of this chapter shall not impair the validity of an historic district established under any special act. Section 17. Severability The provisions of this chapter shall be deemed to be severable. If any of its provisions shall be held to be invalid or unconstitutional by any court of competent jurisdiction the remaining provisions shall continue in full force and effect. 11 Exhibit C Chapter 447 vs. MGL Chapter 40C Comparison Chart • U O vUi O 4�i bUA >C `n >C 4y n p s-+ ,SUS' p U O " " p O O N U O `n N 1,13 cn Ci 14. In n O o .� O Ocn U U c� �U " n N bA In ^G O •Zjcn U In cn ' cn s C14Ct c�i —C�3 U sue. .cn C cn s� a� O O O O 0 cn 'C j "y t� so O o ct p UC4� C�3 O p o o r U It .O U O ?7 cc U 3 O ° O cnbA O 3 U A W � N � - 3 obcn cn O ° O r. 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O 03 � •p O N r. � p 4'" •O � N 03 a� Cc � y u a� U � N 10 C t O o Ij O U U ti o - •o � O p —•'o .`� o3 ,Sr. N U U 03 p O U u 141 U O m ti O03 03 � °� U � U cG v� 03 o o s bA O O •U •U O � .� O� O .� 0En O I 03 N U U U -- � pU cry '•G sUi • u '� T. ,.O '� '•� •T. � U b�A U U 03 U "CG U ,Sy r U V y h u � O v cc cc �+ cc � O = ^C I�i U V1 A � Exhibit D Proposed Amendment of Chapter 447 ARTICLE 45 AMEND "AN ACT ESTABLISHING AN HISTORIC DISTRICTS COMMISSION FOR THE TOWN OF LEXINGTON AND DEFINING ITS POWERS AND DUTIES, AND ESTABLISHING HISTORIC DISTRICTS IN THE TOWN OF LEXINGTON" (As amended by Ch. 185, Acts of 1958, Ch. 579, Acts of 1966; Ch. 268, Acts of 1978; Ch. 375, Acts of 1982; Ch. 426, Acts of 2000) Proposed Motion Amend the Code of Lexington, Appendix Chapter A201, Special Acts of Ch. 447, Acts of 1956, as previously amended, as follows: (a) Section 3. Definitions: (i) Add a new definition of"Person aggrieved", as follows: "'Person aggrieved', the applicant, the owner of any adjoining property, any owner of property within the same historic district as the applicant's property, any owner of property within one hundred feet of the applicant's property lines, and any charitable corporation in which one of its purposes is the preservation of historic structures or districts." (ii) Amend the definition of "Structure" by deleting said section in its entirety and substituting the following: "'Structure', a combination of materials, other than a building, including a sign, fence, wall, terrace, walk, sidewalk or driveway, and any similar structures." (b) Section 4. Creation and organization of Historic Districts Commission. Delete all text following the first paragraph and substitute the following: "For any appointments following [date of Special Act Amendment], the selectmen shall appoint, for terms of five years, five unpaid members who shall be residents of the town of Lexington, as follows: - two from four candidates nominated by the Lexington Historical Society, two from four candidates nominated by the Lexington Design Advisory Committee, and one member selected at large by the selectmen. From and after said date, the selectmen also shall appoint for terms of five years, four associate members of the commission selected from candidates nominated by the aforesaid organizations, each such organization to nominate two each when two or more associate members are to be appointed and to nominate one each when only one associate member is to be appointed. 1 In case of the absence, inability to act, or interest on the part of a member of the commission his place may be taken by an associate member designated by the chairman of the commission. In case of a vacancy on said commission the chairman may designate an associate member to serve as a member of the commission until said vacancy is filled as provided in this section. As the term of any member or associate member expires, his successor shall be appointed in like manner for a term of five years. Vacancies in the commission shall be filled in the same manner as aforesaid for the unexpired term. Every member and associate member shall continue in office after the expiration of his term until his successor is duly appointed and qualified. Any member or associate member may be removed for cause by the appointing authority upon written charges and after a public hearing. In making such appointments, the selectmen shall consider the following criteria: candidates, by reason of their experience or education, should have demonstrated knowledge and concern for historical heritage, historic preservation, and Lexington's special townscape and the concept of architectural continuity. The commission shall elect a chairman from its membership. In the case of absence of the chairman from any meeting, the commission shall elect a chairman pro tempore for such meeting." (c) Section 5. Limitations. Amend subsection (d) by deleting the reference "See note V appearing at the end thereof. (d) Section 6. Exclusions. (i) Amend subsection (a) by deleting said subsection in its entirety and substituting the following: "(a) Nothing in this act shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of any building or structure within the historic districts; nor shall anything in this act be construed to prevent the erection, construction, reconstruction, restoration, alteration, or demolition of any such feature which the building inspector and the director of the Lexington Public Health Division and/or the chief of the Lexington Fire Department shall certify to the commission is immediately required for public safety because of an unsafe or dangerous condition; nor shall anything in this act be construed to prevent the erection, construction, reconstruction, restoration, alteration, or demolition of any such feature under a permit issued by the building inspector prior to the effective date of this act." (ii) Amend subsection (b)by deleting the italicized paragraphs 1. and 2. in their entirety. 2 (iii) Further amend subsection (b) by deleting the language "without substantial derogation from the intent and purposes of this act" at the end of subsection (b)(1) and substituting the following: "subject, however, to such conditions as to duration of use, location, lighting, removal and similar matters as the commission may reasonably specify." (iv) Amend subsection (c)by deleting said subsection in its entirety. (e) Section 8. Meetings, Hearings, Time for Making Determinations. Amend the third paragraph by deleting the words "deemed by the commission to be affected thereby" and replacing them with the words "within 100 feet of the applicant's property, at the address for such owners". (f) Section 9 Powers, Functions, and Duties of Commission. Amend the third paragraph of subsection (a) (beginning "In passing upon appropriateness the commission shall consider") by deleting the last sentence of said paragraph and replacing it with the following: "In the case of new construction or additions to existing buildings or structures, the commission shall consider the appropriateness of the size and shape of the building or structure both in relation to the land area upon which the building or structure is situated and to buildings and structures in the vicinity. When ruling on applications for certificates of appropriateness for solar energy systems, the commission shall also consider the policy of the Commonwealth to encourage the use of solar energy systems and to protect solar access. The commission shall not consider interior arrangement and other building features not subject to public view." (g) Section 11. Enforcement. Add a new sentence at the end thereof, to read as follows: "Each day during any portion of which a violation continues to exist shall constitute a separate offense." 3 Exhibit E Ch. 447 with Proposed Amendments CHAPTER 447, ACTS OF 1956 AN ACT ESTABLISHING AN HISTORIC DISTRICTS COMMISSION FOR THE TOWN OF LEXINGTON AND DEFINING ITS POWERS AND DUTIES, AND ESTABLISHING HISTORIC DISTRICTS IN THE TOWN OF LEXINGTON (As amended by Ch. 185, Acts of 1958, Ch. 579, Acts of 1966; Ch. 268, Acts of 1978; Ch. 375, Acts of 1982; Ch. 426, Acts of 2000) Section 1. Purpose. - The purpose of this act is to promote the educational, cultural, economic and general welfare of the public through the preservation and protection of historic buildings, places and districts through the development of appropriate settings for said buildings,places and districts and through the maintenance of said buildings, places and districts as landmarks of historic interest. Section 2. Creation of Districts. - There are hereby established in the town of Lexington four historic districts to be known as (1) Battle Green District, (2) Hancock-Clarke District, (3) Munroe Tavern District, and (4)East Village District, bounded as follows: -- Battle Green District: Beginning at the intersection of the northerly line of Hancock Avenue with the easterly line of the railroad right of way; thence southerly and then southeasterly along the easterly and northeasterly line of the railroad right of way to a point in said northeasterly line of the railroad right of way distant two hundred feet southeasterly from the easterly line of Hancock Street; thence northerly along a line distant two hundred feet easterly from and parallel to said easterly line of Hancock Street to the northeasterly lot line of the property now numbered 6 Meriam Street; thence southeasterly along said northeasterly lot line to the northwesterly line of Meriam Street; thence southeasterly in a straight line across Meriam Street to the intersection of the southeasterly line of Meriam Street with the southwesterly line of Oakland Street; thence southeasterly along said southwesterly line of Oakland Street to the westerly lot line of the property now numbered eleven Oakland Street; thence southerly along said westerly lot line and said westerly lot line extended to a point on the northerly line of the railroad right of way; thence easterly along said northerly line of the railroad right of way to the northwesterly line of Woburn Street; thence southwesterly along said northwesterly line of Woburn Street to the easterly line of Fletcher Avenue; thence southwesterly in a straight line across Woburn Street and Massachusetts Avenue to the intersection of the southerly line of Massachusetts Avenue with the westerly line of Winthrop Road; thence southerly and then southwesterly along said westerly and the northwesterly line of Winthrop Road to a point distant two hundred fifty feet southerly from the southerly line of Massachusetts Avenue; thence westerly along a line distant two hundred fifty feet southerly from and parallel to the southerly line of Massachusetts Avenue to a point distant two hundred feet easterly from the easterly line of Waltham. Street; thence southerly along a line distant two hundred feet easterly from and parallel to said easterly line of Waltham Street to the northerly lot line of the property now numbered eighty-two Waltham Street; thence westerly along said northerly lot line to the easterly line of Waltham Street; thence westerly in a straight line to the intersection of the northerly lot line of the property now numbered twenty-two 1 Muzzey Street with the easterly line of Muzzey Street; thence westerly in a straight line across Muzzey Street to the intersection of the westerly line of Muzzey Street with the northerly line of Raymond Street; thence westerly along said northerly line of Raymond Street to the westerly line of Clarke Street; thence southerly along said westerly line of Clarke Street to the intersection of the northeasterly line of Forest Street; thence northwesterly to the easterly lot line of the property now numbered 43 Forest Street; thence northeasterly along said lot line to the southerly lot line of the property now numbered 11 Belfry Terrace; thence northeasterly along the easterly lot line of 9 Belfry Terrace to the southerly lot line of the property now numbered 11 Belfry Terrace; thence northeasterly along the easterly lot line to the northerly lot line of the property now numbered 11 Belfry Terrace; thence northwesterly along the northerly lot line of the property now numbered 9 Belfry Terrace to the southerly lot line of the property now numbered 1906 Massachusetts Avenue to a point three hundred feet southerly from the southerly line of Massachusetts Avenue; thence northwesterly and then westerly along a line distant three hundred feet southwesterly and southerly from and parallel to the southwesterly and southerly line of Massachusetts Avenue to the westerly line of Forest Street; thence northerly along said westerly line of Forest Street to a point two hundred feet southerly from the southerly line of Massachusetts Avenue; thence westerly along a line distant two hundred feet southerly from and parallel to the southerly line of Massachusetts Avenue to the southwesterly line of Parker Street; thence southwesterly by a straight line to the intersection of the westerly line of Worthen Road with the southerly line of Lincoln Street; thence westerly and then southwesterly along said southerly and the southeasterly line of Lincoln Street to a point distant four hundred and fifty feet westerly from the westerly line of Worthen Road; thence northwesterly across Lincoln Street to the intersection of the northwesterly line of Lincoln Street with the northeasterly line of Hastings Road; thence northwesterly along said northeasterly line of Hastings Road to the southeasterly line of Massachusetts Avenue; thence northwesterly in a straight line across Massachusetts Avenue to the intersection of the northwesterly line of Massachusetts Avenue with the northeasterly line of Hastings Road; thence northwesterly along said northeasterly line of Hastings Road to a point distant two hundred feet northwesterly from said northwesterly line of Massachusetts Avenue; thence northeasterly along a line distant two hundred feet northwesterly from and parallel to the northwesterly line of Massachusetts Avenue to the westerly line of Worthen Road; thence northerly and then northeasterly along said southwesterly, westerly and the northwesterly line of Worthen Road to the southwesterly line of Bedford Street; thence northeasterly in a straight line across Bedford Street to the intersection of the northeasterly line of Bedford Street with the southeasterly line of Camellia Place; thence northeasterly along said southeasterly line of Camellia Place to the southwesterly line of the railroad right of way; thence northeasterly in a straight line across said railroad right of way to the point of beginning. Hancock-Clarke District: Beginning at the intersection of the northerly line of Hancock Avenue with the easterly line of the railroad right of way; thence southerly and then southeasterly along the easterly and northeasterly line of the railroad right of way to a point in said northeasterly line of the railroad right of way distant two hundred feet southeasterly from the easterly line of Hancock Street; thence northerly along a line distant two hundred feet easterly from and parallel to said easterly line of Hancock Street to the southerly lot line of the property now numbered forty-five Hancock Street; thence westerly along said southerly lot line to the easterly line of Hancock Street; thence northwesterly in a straight line across Hancock Street to the intersection of the westerly line of Hancock Street with the southerly lot line of the property now numbered 2 forty-six Hancock Street; thence westerly along said southerly lot line four hundred and twenty- nine feet to a point; thence southwesterly in a straight line to a point in the easterly line of the railroad right of way two hundred and forty-eight feet distant northerly from the northerly line of Hancock Avenue; thence southerly along said easterly line of the railroad right of way to the point of beginning. Munroe Tavern District: Beginning at the intersection of the southerly line of the railroad right of way with the northwesterly line of Woburn Street; thence southwesterly along said northwesterly line of Woburn Street to the easterly line of Fletcher Avenue; thence southwesterly in a straight line across Woburn Street and Massachusetts Avenue to the intersection of the southerly line of Massachusetts Avenue with the westerly line of Winthrop Road; thence southerly and then southwesterly along said westerly and the northwesterly line of Winthrop Road to a point distant two hundred feet southerly from the southerly line of Massachusetts Avenue; thence easterly and then southeasterly along a line distant two hundred feet southerly and southwesterly from and parallel to the southerly and southwesterly line of Massachusetts Avenue to the northwesterly line of Percy Road; thence southerly by a straight line across Percy Road to a point in the southeasterly line of Percy Road distant two hundred feet southwesterly from the intersection of said southeasterly line of Percy Road with the westerly line of Tavern Lane; thence southerly and then southeasterly along a line distant two hundred feet westerly and southwesterly from and parallel to the westerly and southwesterly line of Tavern Lane and said southwesterly line extended to the southeasterly line of Eliot Road; thence easterly and then southeasterly along the southerly and southwesterly line of Eliot Road to the southeasterly line of Pelham Road; thence northeasterly along said southeasterly line of Pelham Road to a point distant two hundred feet southwesterly from the southwesterly line of Massachusetts Avenue; thence southeasterly along a line distant two hundred feet southwesterly from and parallel to the southwesterly line of Massachusetts Avenue to the northerly line of Marrett Road; thence easterly along said northerly line of Marrett Road to the southwesterly line of Massachusetts Avenue; thence northerly in a straight line across Massachusetts Avenue to the intersection of the northeasterly line of Massachusetts Avenue with the northwesterly lot line of the property now numbered eleven hundred and fifty-five Massachusetts Avenue; thence northeasterly along said northwesterly lot line to a point two hundred feet distant northeasterly from said northeasterly line of Massachusetts Avenue; thence northwesterly along a line distant two hundred feet northeasterly from and parallel to the northeasterly line of Massachusetts Avenue to the southeasterly lot line of the Muzzey Junior High School Property; thence northeasterly along said southeasterly lot line to the southwesterly lot line of the Munroe Cemetery property; thence northwesterly along said southwesterly lot line to the intersection of said southwesterly lot line with the northwesterly lot line of the Munroe Cemetery property; thence northeasterly along said northwesterly lot line to the southerly line of the railroad right of way; thence westerly along said southerly line of the railroad right of way to the point of beginning. East Village District: Beginning at the intersection of the northeasterly line of Massachusetts Avenue with the northwesterly lot line of the property now numbered eleven hundred and fifty- five Massachusetts Avenue; thence northeasterly along said northwesterly lot line to a point two hundred feet distant northeasterly from said northeasterly line of Massachusetts Avenue; thence southeasterly along a line distant two hundred feet northeasterly from and parallel to the northeasterly line of Massachusetts Avenue to a point distant two hundred feet northwesterly 3 from the northwesterly line of Maple Street; thence northeasterly along a line distant two hundred feet northwesterly from and parallel to said northwesterly line of Maple Street to the southwesterly line of the railroad right of way; thence southeasterly along said southwesterly line of the railroad right of way to a point distant two hundred feet southeasterly from the southeasterly line of Maple Street; thence southwesterly along a line distant two hundred feet southeasterly from and parallel to said southeasterly line of Maple Street to a point distant two hundred feet northerly from the northeasterly line of Massachusetts Avenue; thence southeasterly and then northeasterly and easterly along a line distant two hundred feet northeasterly, northwesterly and northerly from the northeasterly, northwesterly and northerly line of Massachusetts Avenue to the westerly lot line of the property now numbered four hundred and twenty-one Massachusetts Avenue; thence southerly along said westerly lot line and said westerly lot line extended to a point distant two hundred feet southerly from the southerly line of Massachusetts Avenue; thence westerly and then southwesterly and northwesterly along a line distant two hundred feet southerly, southeasterly and southwesterly from and parallel to the southerly, southeasterly and southwesterly line of Massachusetts Avenue to the northerly line of Marrett Road; thence easterly along said northerly line of Marrett Road to the southwesterly line of Massachusetts Avenue; thence northerly in a straight line across Massachusetts Avenue to the point of beginning. The East Village Historic District shall also include an area bounded and described as follows: Beginning at a point on the easterly line of the 1966 East Village Historic District boundary said point being N 84°-43'-07" E distant 17.5+- feet from an iron pin as shown on a plan entitled, "Plan of Land in Lexington, Mass., Scale V=40% January 15, 1981, Joseph W. Moore Co.," on file with the Town engineer; thence N 84°-43'-07' E distant 188+- feet to a point; thence N 85°- 31'-53" E distant 18.00 feet to a point; thence S 13°-56'-31" E distant 168.86 feet to a point; thence S 74°-50'-45" W distant 36.07 feet to a point; then S 15°-09'-15" E distant 40.93 feet to a point, thence S 66°-48'-45" W distant 171+- feet to a point on the aforesaid East Village Historic District boundary; thence by said line northwesterly 272+- feet to the point of beginning. Wherever only part of any building or structure is within an historic district according to the boundary lines as heretofore defined in this section, there shall be included within the historic district the entire land area occupied, or to be occupied, by all of said building or structure so that the whole building or structure shall be considered to be within the historic district for the purposes of this act. Section 3. Definitions. - As used in this act, the following words and terms shall have the following meanings: - "Building", a combination of materials having a roof and forming a shelter for persons, animals or property. "Building inspector", the building inspector of the town of Lexington. "Commission", the historic districts commission established by section four. 4 "Erected" the word "erected" includes the words "built" "constructed" "reconstructed" "restored", "altered", "enlarged", and "moved". "Exterior architectural feature", the architectural style and general arrangement of such portion of the exterior of a building or structure as is designed to be open to view from a public street, way, or place including the kind, color and texture of the building materials of such portion and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such portion. "Historic districts", the districts established by section two. "Person", the word "person" includes an individual, a corporate or unincorporated organization or association and the town of Lexington. ��u a d° ��°�������.... ���° ��� �.�� �up�t���� uc�urru�, fisc ��wuuct .... � ��� tct. A �r �urru�: ��� ��:ru,uuuuu�� �;.�. � fiy �urru�:.. �rwuuc.P �r . msmgrit' wifilliuu file Suuasuc �Iisto ri.c clistrict is flic u�?pt icuutWs prs° pcgyfi uMy suwtucj �ud° tu�u'ttet�fi_ wifil�irru �utue lkuuutuuflueufl d°eefi cud° file uutt��cuutufi° tu�utetfi Vitues. uu:rruufl ���� c�uuuufiuul�Ve c0rj,?Qruufi otu itu ...Wli6.. otue ol, its .ituw,2suc°gs is Vlic [,tEcscEscmotu Sul° historic structures or cl i st rricts,"° ................................................ ° "Structure", a combination o materials, other than abuilding, " u� il or -)�N boif+l uuuc uuc:uul.g uu c v?. , t rc,ucc. ,u I s cicwuufl� or uflc°uscwuic°, ututI...Itiy sucuuVuuu� structures. uucfiuu,cs. Section 4. Creation and Organization of Historic Districts Commission. - There is hereby established in the town of Lexington an Historic Districts Commission consisting of five unpaid members who shall be residents of the town of Lexington, to be appointed by the selectmen of the town as follows: - two from four candidates nominated by the Lexington Historical Society, one from two candidates nominated by The Lexington Arts and Crafts Society, Inc., one from two candidates nominated by the trustees of the Cary Memorial Library and one member selected at large by the selectmen. The members initially appointed hereunder shall serve, in the case of one member appointed upon nomination of the Lexington Historical Society, for a term expiring one year; in the case of the member appointed upon nomination of The Lexington Arts and Crafts Society, Inc., for a term expiring two years, in the case of the member appointed upon nomination of the trustees of the Cary Memorial Library, for a term expiring three years, in the case of the second member appointed upon nomination of the Lexington Historical Society, for a term expiring four years, in the case of the member appointed at large by the selectmen, for a term expiring five years, from January first following the year of such appointments. The selectmen also shall appoint for terms of five years from January first following the year of such appointments four associate members of the commission selected from candidates nominated by the aforesaid organizations and trustees, each such organization and trustees to nominate two each when two or more associate members are to be appointed and to nominate one each when only one associate member is to be appointed. "o t ° y uI t t� !11u sucnts w° � � ... ,p g i � .laic t'j fibc scVggfi!tcus slffl uu�t�t��itufi., ���... Tutu .� � ��....utu uc cud° tccu �cfi.:�usucrruu: � � �.�� ... fi of IIve.yc,uts."A..dusc u: U car sVi ffl ass residents Ord flit. towtu....oI >Lc uuu,)-fi�rI (Is dttu ....cuurrus .. p�u t�uuu�i...prrucurrtl�..cus wV. I'ouV ; ws: ....two dtoai Iouur cuut;uuiiuiuufics tu�ua c � iglu ociety., !. Ysu dtoai .. .. utuuuficu fi � Lcsu'w!ucfi�utu iiusfi�u�:. .. 5 I'our cuicliclites tioaiitwte(� bY ±c Lc7�itlgjs2L! A�Iyisory uicl otic aicaiber se�ectecl it birgg by ±e �e�ectaien Froai uicl ifter sli(� (fl,Ite, flic se�ectaien &o s�iffl Ior terais ol I I ive yy,Irs,, Iou iissociite aicaibers of flic coamiissioti seiectecl 1roai cuicliclites tioaiitwte(� by ±e fforesfl(] or6)-,qJzmotIS,' C16 S101 oro-cui�zcitwti to tioamicite two C01 WICII two or aiore cissociite aicaibers ire to be 'Iticl to t1oalitlite otle C01 WICII otL s2U� �issoci,ite aicaiber is to beii In case of the absence, inability to act, or interest on the part of a member of the commission his place may be taken by an associate member designated by the chairman of the commission. In case of a vacancy on said commission the chairman may designate an associate member to serve as a member of the commission until said vacancy is filled as provided in this section. As the term of any member or associate member expires, his successor shall be appointed in like manner for a term of five years. Vacancies in the commission shall be filled in the same manner i s i Ioresi�(I for the unexpired term. Every member and associate member shall continue in office after the expiration of his term until his successor is duly appointed and qualified. Any member or associate member may be removed for cause by the appointing authority upon written charges and after a public hearing. I I �ffl otisicler flic loHoE!!W cDiLLI c * ulcli(fl,Ites, by �ii` g �U�b floc se�ectaien s�i, c re,isoti ol' fligiu� e�[?eLgnce or eclugitioti, sWukl yive (Icaimistnite(I qicl coticern Ior Iiistoric,i� Liston'c 12L�Lv'itiotl' MICI LexitigIS2LI'� towtlsc'lpticl� 'I flic Concept ol, ,ir6itectur,fl The commission shall elect a chairman wW �i 111 eeFetIff:y from its membership. In the case of absence of the chairman from any meeting, the commission shall elect a chairman pro tempore for such meeting. Section 5. Limitations. - (a) No building or structure, except as provided under section six, shall be erected within the historic districts unless and until an application for a certificate of appropriateness as to exterior architectural features which are subject to view from a public street, way, or place shall have been filed with the commission and either a certificate of appropriateness, or a certificate that no exterior architectural feature is involved, shall have been issued by the commission. (b) No building or structure within the historic districts shall be changed as to exterior color features which are subject to view from a public street, way, or place unless and until an application for a certificate of appropriateness as to change in such color features shall have been filed with the commission and such certificate shall have been issued by the commission. (c) No building or structure within the historic districts, except as provided under section six, shall be demolished or removed unless and until an application for a permit to demolish or remove the same shall have been filed with the commission, and such permit shall have been issued by the commission. 6 (d) No occupational, commercial, or other sign, except as provided under section six, and no billboard shall be erected or displayed on any lot, or the exterior of any building or structure within the historic districts unless and until an application for a certificate of appropriateness shall have been filed with the commission, and such certificate shall have been issued by the commission. In the case of any such sign or billboard erected or displayed prior to the effective date of this act, there shall be allowed a period of five years, subsequent to said effective date, in which to obtain such certificate. (e) Except in cases excluded by section six: - (1) No permit shall be issued by the building inspector for any building or structure to be erected within the historic districts, unless the application for said permit shall be accompanied either by a certificate of appropriateness or a certificate that no exterior architectural feature is involved, issued under section nine. (2) No permit shall be issued by the building inspector for the demolition or removal of any building or structure within the historic districts unless the application for said permit shall be accompanied by a permit issued under said section nine. Section 6. Exclusions. - (a) Nothing in this act shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature of any building or structure within the historic districts; nor shall anything in this act be construed to prevent the erection, construction, reconstruction, restoration, alteration, or demolition of any such feature which the building .. dv required by dor the uoti �: �nsp�ectoru��L�pc(�)e ��irta�ie��t shall certify (�r �uic�.coamdss�oti is... u�u public safety because of an unsafe or dangerous condition; nor shall anything in this act be construed to prevent the erection, construction, reconstruction, restoration, alteration, or demolition of any such feature under a permit issued by the building inspector prior to the effective date of this act (See tiote.2) (b) The following structures and signs may be erected or displayed within the historic districts without the filing of an application for, or the issuance of, a certificate of appropriateness: - 1. Section 2, Chapter 579, Acts of 1966 provides: "In the case of any sign or billboard erected or displayed on the effective date of this act within an historic district established by this act or within any territory added by this act to an existing historic district there shall be allowed a period of five years subsequent to said effective date in which to obtain the certificate of appropriateness required by paragraph (d) of section five of chapter four hundred and forty-seven of the acts of nineteen hundred and fifty-six." 2. Section 3, Chapter 579, Acts of 1966 provides: "The provisions of this act shall not be construed to prevent the erection, construction, reconstruction, restoration, 7 alteration, or demolition of any exterior architectural feature, under a permit issued by the building inspector prior to the effective date of this act, within an historic district established by this act or within any territory added by this act to an existing historic district." (1) Temporary structures or signs for use in connection with any official celebration or parade, or any charitable drive in the town, provided that any such structure or sign shall be removed within three days following the termination of the celebration, parade or charitable drive for which said structure or sign shall have been erected or displayed. Any other temporary structures or signs which the commission shall determine from time to time may be excluded from the provisions of section five. siilkjgcj, IQ cii L conclitions is to ilimition of i;i L:26,Ition �i tuiVll i , Lgjj S24ad.... incl simHir auitIers is.... flic 6 ship➢ ldsM'Ml .Rw.y. i i t iiifl � q�° rc,iciiiWy i i � �e � . ef � , (2) Real estate signs of not more than three square feet in area advertising the sale or rental of the premises on which they are erected or displayed. (3) Occupational or other signs of not more than one square foot in area and not more than one such sign, irrespective of size, bearing the name, occupation or address of the occupant of the premises on which such sign is erected or displayed where such premises are located within an R-1 one family dwelling district as defined in the Zoning By-Law of the town of Lexington. Section 7. Applications to be Filed with Commission. - Excepting cases excluded by section six, any person who desires to erect, build, construct, reconstruct, restore, alter, move, demolish, remove, or change the exterior color features of any building or structure now or hereafter within the historic districts, or to erect or display within the historic districts any sign or billboard for which a certificate of appropriateness is required under paragraph (d) of section five, shall file with the commission an application for a certificate of appropriateness or a permit for demolition or removal, as the case may be, together with such plans, elevations, specifications, material and other information as shall be deemed necessary by the commission to enable it to make a determination on the application. Section 8. Meetings, Hearings, Time for Making Determinations. - Meetings of the commission shall be held at the call of the chairman and also when called in such other manner as the commission shall determine in its rules. Five members, including associate members, of the commission shall constitute a quorum. The commission shall determine promptly after the filing of an application for a certificate of appropriateness as to exterior architectural features, whether the application involved any such 8 features. If the commission determines that such application involves any exterior architectural features, the commission shall hold a public hearing on such application. The commission also shall hold a public hearing on all other applications required to be filed with it under this act, except that the commission may approve an application for a change in exterior color features without holding a hearing if it determines that the color change proposed is appropriate. The commission shall fix a reasonable time for the hearing on any application and shall give public notice thereof by publishing notice of the time, place, and purpose of the hearing in a local newspaper at least fourteen days before said hearing and also, within seven days of said hearing, mail a copy of said notice to the applicant, to the owners of all property �y fifljg 100 1'ect ol fiic gyp : u ulfi° pM2p !fi 51 the C 41ress lor sq„�6 owti rs..... fliefeby as they appear on the most recent local tax list, to the planning board of the town, and to such other persons as the commission shall deem entitled to notice. As soon as convenient after such public hearing but in any event within sixty days after the filing of the application, or within such further time as the applicant shall allow in writing, the commission shall make a determination on the application. If the commission shall fail to make a determination within said sixty days, or within such further time allowed by the applicant, the commission shall be deemed to have approved the application. Section 9. Powers, Functions, and Duties of Commission. - The commission shall have the following powers, functions and duties: (a) It shall pass upon: - (1) The appropriateness of exterior architectural features of buildings and structures to be erected within the historic districts wherever such features are subject to view from a public street, way, or place. (2) The appropriateness of changes in exterior color features of buildings and structures within the historic districts wherever such features are subject to view from a public street, way, or place. (3) The demolition or removal of any building or structure within the historic districts. The commission may refuse a permit for the demolition or removal of any building or structure of architectural or historic interest, the removal of which in the opinion of the commission would be detrimental to the public interest. (4) The appropriateness of the erection or display of occupational, commercial or other signs and billboards within the historic districts wherever a certificate of appropriateness for any such sign or billboard is required under paragraph (d) of section five. In passing upon appropriateness, demolition or removal, the commission shall determine whether the features, demolition or removal, sign or billboard involved will be appropriate for the purposes of this act and, if it shall be determined to be 9 inappropriate, shall determine whether, owing to conditions especially affecting the building, structure, sign or billboard involved, but not affecting the historic district generally, failure to approve an application will involve a substantial hardship to the applicant and whether such application may be approved without substantial detriment to the public welfare and without substantial derogation from the intent and purposes of this act. If the commission determines that the features, demolition or removal, sign or billboard involved will be appropriate or, although inappropriate, owing to conditions as aforesaid, failure to approve an application will involve substantial hardship to the applicant and approval thereof may be made without substantial detriment or derogation as aforesaid, the commission shall approve the application; but if the commission does not so determine, the application shall be disapproved. In passing upon appropriateness the commission shall consider, among other things, the historical value and significance of the building or structure, the general design, arrangement, texture, material, and color of the features, sign or billboard involved and the relation of such factors to similar factors of buildings and structures in the immediate surroundings. Iuu fiyy cuucc....ol' gee cogstruucfiuotu or c u �flufiu� �.�c fi�� cyucfiuuug uuuV �. uuy cfiuu;ugfiuuucc fi c c u uu uuc uouu c ,ffl couucu(Icr fli... (UNKoMD'Itcrrlc c (A,file cuzc...'Hicl c�Iuupc Q1I file ljH(Jaw- Q bo li duu rcV,itfi of i fi��. fiic �,�„uucfl �uuy uupu�u s2„�„u E�uc; fil,� Ic lk�uuuV(fluw!..�� .� QL uc c�:fiuu�uficc.. uicl to buuu 4;:�tlg . uuuicl structures uuu file cucuuuufiy,1 „ „ y TM Jyiccfinc uu.�.n� Htg,...S�uu U:2.,?Hc�ifl.oti s for cerflducutes of u[212LS2[2L,itcnc s to oki Meu fil . couc� ccu �u� sliffl &o cotisu(Icr fiyc i2d; cy d`fllc ;oucuucuouuwcuu�, 1 to crlcouurugc !Lc uucc Q:d energy cycfiu;ucuc uMcl t ,)roficct �Ait a ccccc The commission shall not consider FAiti ve s ze 44)ii�k tigr u. Itlkl 4flacfiuuue�"q OF .; efi'I il e A tle��.�.� M�, �����interior arrangement and other building features not subject to public view. In approving an application the commission may impose conditions which, if the certificate of appropriateness is acted upon, shall be binding upon the applicant, the owner of the property and his successors in title. The concurring vote of three members, including associate members, of the commission shall be necessary to make a determination in favor of the applicant on any matter upon which the commission is required to pass under this act. (b) In the case of an approval by the commission of an application for a certificate of appropriateness or a permit for demolition or removal, or in the event an application is deemed approved through failure to make a determination within the time specified in section eight, the commission shall cause a certificate of appropriateness or a permit for demolition or removal, as the case may be, dated and signed by its chairman or chairman pro tempore, to be issued to the applicant. (c) In the case of disapproval of an application for a certificate of appropriateness or a permit for demolition or removal, the commission shall cause a notice of its determination, dated and signed by its chairman or chairman pro tempore, to be issued to 10 the applicant, setting forth therein the reasons for its determination, and, as to applications for a certificate of appropriateness, the commission may make recommendations to the applicant with respect to appropriateness of design, arrangement, texture, material, color, and similar factors. The commission shall not make any recommendations except for the purpose of preventing developments obviously incongruous to the purposes set forth in this act. (d) In the case of a determination by the commission that an application for a certificate of appropriateness does not involve any exterior architectural feature, the commission shall cause a certificate of such determination, dated and signed by its chairman or chairman pro tempore, to be issued forthwith to the applicant. (e) The commission shall keep a permanent record of its resolutions, transactions, and determinations, and may make such rules and regulations consistent with this act and prescribe such forms as it shall deem desirable and necessary. (f) The commission shall file with the town clerk a notice of all determinations made by it, and approvals of applications through failure of the commission to make a determination within the time allowed under section eight, except that no notice of a determination that an application for a certificate of appropriateness does not involve any exterior architectural feature shall be filed. (g) The commission may incur expenses necessary to the carrying on of its work within the amount of its appropriation. Section 10. Appeals. - Any person aggrieved by a determination of the commission or by an approval of an application through failure of the commission to make a determination within the time allowed under section eight, whether or not previously a party to the proceeding, or any officer or board of the town may, within fifteen days after the filing of a notice of such determination or approval with the town clerk, appeal to the superior court sitting in equity for the county of Middlesex. The court shall hear all pertinent evidence and determine the facts and if, upon the facts so determined, such determination or approval is found to exceed the authority of the commission, the court shall annul such determination or approval and remand the case for further action by the commission. The remedies provided by this section shall be exclusive; but the parties shall have all rights of appeal and exception as in other equity cases. Costs shall not be allowed against the commission unless it shall appear to the court that the commission acted in bad faith or with malice in the matter from which the appeal was taken. Costs shall not be allowed against the party appealing from such determination or approval of the commission unless it shall appear to the court that said parry acted in bad faith or with malice in making the appeal to the court. Section 11. Enforcement. - Any person who violates any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten dollars nor 11 more than five hundred dollars. L16 clly �I!jJtWo- 'My of WI 6 I V�o�'Iflotl cotlfltlucs to cxM s�iffl cogsfltutc i sepinite ol'I'ense The superior court sitting in equity for the county of Middlesex shall have jurisdiction to enforce the provisions of this act and the determinations, rulings, and regulations issued thereunder and may restrain by injunction violations thereof and issue such other orders for relief of violations as may be required. In addition to the foregoing, the town of Lexington may by by-law, not inconsistent with section 21D of chapter 40 of the General Laws, provide for the noncriminal disposition of violations of this act and the determinations, rulings and regulations issued under this act. (Added by Chapter 426 of the Acts of 2000) Section 12. Severabili1y of Provisions. - The provisions of this act shall be deemed to be severable; and in case any section, paragraph or part of this act shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair the validity of any other sections, paragraphs or parts of this act. Section 13. Effective Date of Act. - This act shall take effect upon its acceptance by the town by vote of its town meeting members at an annual town meeting or any special town meeting called for the purpose. Approved June 11, 1956. Chapter 447, Acts of 1956 accepted at a Special Town Meeting held November 19, 1956 (Article 5.). 12 Exhibit F Historic Districts Commission Ad Hoc 40C Study Committee Final Charge by the Board of Selectmen Final,Adopted by BOS 10/16/17 HISTORIC DISTRICTS COMMISSION AD HOC 40C STUDY COMMITTEE Members: Five voting members, including one representing the Lexington Historic Districts Commission and one representing the Lexington Historical Commission. Appointed by: The Board of Selectmen Length of Term: Upon completion of all recommendations to the Board of Selectmen in accordance with the established deliverables schedule as outlined below. Meeting Times: As determined by the Committee. A minimum of one evening meeting to solicit public comment shall be required. Description: The Lexington Historic Districts Commission was created in 1956 through a Special Act of the Legislature (Chapter 447, Acts of 1956, An Act Establishing an Historic Districts Commission for the Town of Lexington and Defining its Powers and Duties, and Establishing Historic Districts in the Town of Lexington, as amended). At the time the Special Act was enacted, only two other communities -Nantucket and Beacon Hill - had historic district commissions. Subsequent to that time, however, many more communities requested similar legislation and as a result in 1960 the Legislature enacted enabling legislation in Massachusetts General Laws Chapter 40C ("40C") to standardize the administration and practices of historic district commissions across the Commonwealth. Of the 100+ HDCs in Massachusetts, only a few HDCs remain outside this regulatory scheme -- 40C itself provides a conversion mechanism. This Committee will study the provisions of 40C, the differences between 40C and the Lexington Special Act, and the process for conversion to 40C. Vision: Conversion to a 40C scheme for our local historic districts may simplify the member selection process, make Lexington's regulation consistent with the standards applied by communities across the Commonwealth, and enable the Lexington HDC to draw on over 55 years of supportive case law interpreting the various provisions of 40C. Mission: To ensure that architecturally and historically important properties are preserved, thus enhancing the character of the Town for residents and visitors; and to ensure that the owners of these properties are treated fairly, consistently and in accordance with statewide and local standards. 1 Deliverables: • Report addressed to Board of Selectmen with respect to process and justification for conversion from a "Special Act" historic district commission. to a Massachusetts General Laws Chapter 40C historic district commission. • Proposed language for Lexington bylaw. • Presentation at Annual Town Meeting of findings and proposals. Criteria for Membership: Some members should have some familiarity with Massachusetts General Laws Chapter 40C and the Lexington Historic Districts Special Act or the willingness to review and understand these two laws. Some experience with existing HDC decision-making,policies and procedures would be helpful, as well as knowledge of historic preservation practices across the Commonwealth of Massachusetts. A property owner within the existing HDC districts is desirable. Staff Support: Assistant Town Manager for Development Prior to serving as a member of this committee, members are required to: 1. Acknowledge receipt of the Summary of the Conflict of Interest Statute. Further, to continue to serve on the Committee the member must acknowledge annually receipt of the Summary of the Conflict of Interest Statute. Said summary will be provided by and acknowledged to the Town Clerk. 2. Provide evidence to the Town Clerk that the appointee has completed the on-line training requirement required by the Conflict of Interest statute. Further, to continue to serve on the Committee, the member must acknowledge every two years completion of the on-line training requirement. Attachment: Massachusetts General Laws Chapter 40C [See Exhibit B] 2 Exhibit G List of Massachusetts Historic District Commissions indicating Special Act or Ch. 40C Jurisdictional Basis LHD municipatity'; LH© 40C or' A Historic Ci trict Name . Acton Yes 40C Acton Centre Historic District Acton Yes 40C South Acton Village Historic District Acton Yes 40C West Acton Village Historic District Alford Yes 40C Alford Center Historic District Amherst Yes 40C Dickinson Local Historic District Andover Yes 40C Ballardvale Historic District Arlington Yes 40C Avon Place Historic District Arlington Yes 40C Broadway Historic District Arlington Yes 40C Central Street Historic District Arlington Yes 40C Jason/Gray Historic District Arlington Yes 40C Mount Gilboa - Crescent Hill Historic District Arlington Yes 40C Pleasant Street Historic District Arlington Yes 40C Russell Street Historic District Ashby Yes 40C Ashby Common Historic District Barnstable Yes 40C Hyannis Main Street Waterfront Historic District Barnstable Yes Special Act Old King's Highway Regional Historic District Bedford Yes Special Act Bedford Historic District Belchertown Yes 40C Belchertown Center Historic District Belmont Yes 40C Common Street Historic District Belmont Yes 40C Pleasant Street Historic District Beverly Yes 40C Fish Flake Hill Historic District Billerica Yes 40C Billerica Center Historic District Billerica Yes 40C Billerica Mills Historic District Billerica Yes 40C Corner Historic District Billerica Yes 40C Richardson's Mill Historic District Boston Yes Special Act Back Bay Architectural District Boston Yes Special Act Bay State Road - Back Bay West Architectural Boston Yes Special Act Bay Village Historic District Boston Yes Special Act Beacon Hill Historic District Boston Yes Special Act Eustis Street Architectural Conservation District Boston Yes Special Act Lawrence Model Lodging Houses Boston Yes Special Act Mission Hill Triangle Historic District Boston Yes Special Act Princeton Street Architectural Conservation Boston Yes Special Act Saint Botolph Street Area Architectural 1 Boston Yes Special Act South End Landmark District Boxford Yes 40C Boxford Village Historic District Boxford Yes 40C Howe Village Historic District Boylston Yes 40C Boylston Historic District Braintree Yes 40C Braintree Town Center Historic District Brewster Yes Special Act Old King's Highway Regional Historic District Bridgewater Yes 40C Bridgewater Center Historic District Brockton Yes 40C South Street Historic District Brookline Yes 40C Chestnut Hill North Brookline Yes 40C Cottage Farm Local Historic District Brookline Yes 40C Crowninshield Local Historic District Brookline Yes 40C Graffam-Mckay Local Historic District Brookline Yes 40C Harvard Avenue Brookline Yes 40C Lawrence Local Historic District Brookline Yes 40C Pill Hill Local Historic District Cambridge Yes 40C Fort Washington Historic District Cambridge Yes 40C Old Cambridge Historic District Carlisle Yes 40C Carlisle Historic District Carver Yes 40C Lakenham Historic District Carver Yes 40C Savery Historic District Charlton Yes 40C Northside Historic District Central Charlton Yes 40C Northside Historic District East Charlton Yes 40C Northside Historic District South Chatham Yes Special Act Chatham Historic Business District Chelmsford Yes 40C Chelmsford Center Historic District Chicopee Yes 40C Church Street Historic District Chicopee Yes 40C Springfield Street Historic District Cohasset Yes 40C Cohasset Common Historic District Concord Yes Special Act American Mile Historic District Concord Yes Special Act Barrett Farm Historic District Concord Yes Special Act Church Street Historic District Concord Yes Special Act Hubbardville Historic District Concord Yes Special Act Main Street Historic District North Bridge - Monument Square Historic Concord Yes Special Act District Danvers Yes 40C Salem Village Historic District 2 Dartmouth Yes 40C Russells Mills Historic District Dedham Yes 40C Connecticut Corner Historic District Dedham Yes 40C Franklin Square - Court Street Historic District Dennis Yes Special Act Old King's Highway Regional Historic District Dennis Yes 40C South Dennis Historic District Devens Yes Special Act Devens Historic District Eastham Yes 40C Old Town Center Historic District Easton Yes 40C Ames Historic District Edgartown Yes 40C Edgartown Local Historic District Fall River Yes 40C Highlands Local Historic District Falmouth Yes 40C East Falmouth Historic District Falmouth Yes 40C Falmouth Village Historic District Falmouth Yes 40C Falmouth Village Historic District 11 Falmouth Yes 40C North Falmouth Historic District Falmouth Yes 40C Quissett Historic District Falmouth Yes 40C Waquoit Historic District Falmouth Yes 40C West Falmouth Historic District Falmouth Yes 40C Woods Hole Historic District Fitchburg Yes 40C Monument Park Historic District Foxborough Yes 40C Baker Street Local Historic District Framingham Yes 40C Framingham Centre Common Historic District Framingham Yes 40C Maynard, Jonathan Historic District Gloucester Yes 40C Central Gloucester Historic District Grafton Yes 40C Grafton Common Historic District Granby Yes 40C Granby Historic District G reat Barrington Yes 40C District A (Downtown Historic District) G reat Barrington Yes 40C District C G reat Barrington Yes 40C Searles Castle Historic District Groton Yes 40C Groton Historic District #1 Groton Yes 40C Groton Historic District #2 Groton Yes 40C Groton Historic District #3 Halifax Yes 40C Halifax Local Historic District Halifax Yes Lyonville Historic District Hamilton Yes 40C Hamilton Historic District 3 Harvard Yes 40C Harvard Common Historic District Harvard Yes 40C Harvard Shaker Village Historic District Harwich Yes 40C Harwich Historic District Haverhill Yes 40C Bradford Common Local Historic District Haverhill Yes 40C Rocks Village Historic District Haverhill Yes 40C Washington Street Shoe Historic District Bachelor Row - Pear Tree - Lower Main St Hingham Yes 40C District Hingham Yes 40C Glad Tidings Historic District Hingham Yes 40C Hingham Centre Historic District Hingham Yes 40C Liberty Plain Historic District Hingham Yes 40C Lincoln Historic District Hingham Yes 40C Tower -Wilder Historic District Holden Yes 40C Boyden Road Historic District Holden Yes 40C Holden Center Historic District Holyoke Yes 40C Fairfield Avenue Historic District Hopkinton Yes 40C Hopkinton Center Historic District Hopkinton Yes 40C Woodville Historic District Hudson Yes 40C Felton, Silas Historic District Hull Yes 40C Hull Village Historic District Huntington Yes 40C St. Thomas Local Historic District Lawrence Yes 40C Jackson Terrace Local Historic District Lawrence Yes 40C Mechanic's Block Local Historic District Lawrence Yes 40C North Common Local Historic District Lawrence Yes 40C Prospect Hill Historic District Lenox Yes 40C Lenox Historic District Lexington Yes Special Act Battle Green Historic District Lexington Yes Special Act East Village Historic District Lexington Yes Special Act Hancock - Clarke Historic District Lexington Yes Special Act Munroe Tavern Historic District Lincoln Yes 40C Cory-Brown-Hunt Historic District Lincoln Yes 40C Grange Complex - Codman Estate Lincoln Yes 40C Lincoln Center Historic District Lincoln Yes 40C Woods End Road Historic District Longmeadow Yes 40C The Green Lowell Yes Special Act Downtown Lowell Historic District 4 Manchester Yes 40C Manchester Historic District Marblehead Yes Special Act Gingerbread Hill Historic District Marblehead Yes Special Act Old Town Historic District Marlborough Yes 40C Monument Square Historic District Mashpee Yes 40C Mashpee Historic District Medfield Yes 40C Clark-Kingsbury Farm Historic District Medfield Yes 40C Medfield State Hospital Medfield Yes 40C Medfield Town Center Historic District Medfield Yes 40C Metcalf, John Historic District Medford Yes 40C Hillside Avenue Historic District Medford Yes 40C Marm Simonds Hill District Melrose Yes 40C Melrose Town Center Historic District Methuen Yes 40C Searles, Tenney Nevins Historic District Nantucket Yes Special Act Nantucket Historic District Natick Yes 40C Henry Wilson Historic District Natick Yes 40C John Eliot Historic District New Bedford Yes 40C New Bedford Historic District (Waterfront) Newburyport Yes 40C Fruit Street Local Historic District Newton Yes 40C Auburndale Local Historic District Newton Yes 40C Chestnut Hill Historic District Newton Yes 40C Newtonville Local Historic District Newton Yes 40C Upper Falls Historic District North Andover Yes 40C North Andover Historic District North Reading Yes 40C Center Village Historic District Northampton Yes 40C Elm Street Historic District Northborough Yes 40C Meeting House Common Hist. Dist. Norton Yes 40C Norton Historic District Oak Bluffs Yes 40C Cottage City Historic District Commission Orleans Yes Special Act Old Kings Highway Regional Historic District Paxton Yes 40C Paxton Historic District Pembroke Yes 40C North Pembroke Historic District Pembroke Yes 40C Pembroke Center Historic District Petersham Yes Special Act Petersham Historic District Plymouth Yes 40C Plymouth Historic District Plympton Yes 40C Harrub's Corner Historic District Provincetown Yes 40C Provincetown Historic District 5 Quincy Yes 40C Adams Birthplace Historic District Quincy Yes 40C Quincy Center Local Historic District Reading Yes 40C West Street Local Historic District Rochester Yes 40C Rochester Center Historic District Rockport Yes 40C Broadway Historic District Rockport Yes 40C Downtown Historic District Rockport Yes 40C Main Street Historic District Rockport Yes 40C Mount Pleasant - South Street Historic District Rowley Yes 40C Glen Mills Historic District Rowley Yes 40C Rowley Center Historic District Royalston Yes 40C Royalston Historic District Salem Yes 40C Derby Street Local Historic District Salem Yes 40C Lafayette Street Historic District Salem Yes 40C McIntire Historic District Salem Yes 40C Washington Square Local Hist. Dist. Sandwich Yes Special Act Old King's Highway Regional Historic District Sharon Yes 40C Cobb's Tavern Historic District Sharon Yes 40C Historic District III Sharon Yes 40C Sharon Historic District Sheffield Yes 40C Ashley Falls Historic District Sherborn Yes 40C Sherborn Center Local Historic District Shirley Yes 40C Shirley Center Local Historic District Shrewsbury Yes 40C Artemas Ward Homestead District Shrewsbury Yes 40C Shrewsbury (Town Common) Historic District Somerville Yes 40C Bow Street Historic District Somerville Yes 40C Campbell Park - Meacham Road Historic District Somerville Yes 40C Central/Atherton/Spring/Summer Streets LHD Somerville Yes 40C Chester Street Historic District Columbus Avenue -Warren Avenue Historic Somerville Yes 40C District Somerville Yes 40C Dane Street Local Historic District Somerville Yes 40C Florence-Myrtle Local Historic District Somerville Yes 40C Lower Franklin Street Local Historic District Somerville Yes 40C Morrison Avenue Local Historic District Somerville Yes 40C Pleasant Avenue Historic District Somerville Yes 40C Single Property Local Historic Districts 6 Somerville Yes 40C Westwood Road Historic District Springfield Yes 40C Ames Hill - Crescent Hill District Springfield Yes 40C Colony Hills Local Historic District Springfield Yes 40C Forest Park Heights Historic District Springfield Yes 40C Immaculate Conception Church Springfield Yes 40C Lower Maple Street Historic District Springfield Yes 40C Maple Hill Historic District Springfield Yes 40C McKnight Historic District Springfield Yes 40C Our Lady Of Hope Local Historic District Springfield Yes 40C Quadrangle - Mattoon Street Historic District Springfield Yes 40C Ridgewood Historic District Sudbury Yes Special Act George Pitts Tavern Historic District Sudbury Yes Special Act King Philip Historic District Sudbury Yes Special Act Old Sudbury Historic District Sudbury Yes Special Act The Wayside Inn Historic District Swampscott Yes 40C Olmsted Historic District Taunton Yes 40C Church Green Local Historic District Tisbury Yes 40C William Street Historic District Topsfield Yes 40C Topsfield Common Historic District Townsend Yes 40C Townsend Historic District Townsend Yes 40C Townsend Historic District 11 Townsend Yes 40C Townsend Historic District III Uxbridge Town Common and Center Historic Uxbridge Yes 40C District Wareham Yes 40C Center Park Historic District Wareham Yes 40C Narrows Historic District Wareham Yes 40C Parker Mills Historic District Watertown Yes 40C Watertown Historic District Wayland Yes 40C Bow Road Historic District Wayland Yes 40C Wayland Center Historic District Wellesley Yes 40C Cottage Street Local Historic District Wellesley Yes 40C Methodist Meeting House Historic District Wellesley Yes 40C Tufts House Historic District Wenham Yes 40C Wenham Historic District West Newbury Yes 40C West Newbury Training Field Historic District West Springfield Yes 40C Broadway Historic District 7 West Springfield Yes 40C White Church Historic District West Tisbury Yes 40C West Tisbury Historic District Weston Yes 40C Crescent Street Historic District Westport Yes 40C Westport Point Historic District Winchendon Yes 40C Winchendon Center Historic District Woburn Yes 40C Baldwin Homestead Historic District Worcester Yes 40C Crown Hill Local Historic District Worcester Yes 40C Massachusetts Avenue Historic District Worcester Yes 40C Montvale Historic District Yarmouth Yes Special Act Old King's Highway Regional Historic District 8 Exhibit H Chart listing Special Act Historic District Commissions Appointment Processes Special Act Historic District Commissions Appointments Bedford - appointed by BOS -5 members, 2 alternates - 1 from 2 nominated by historical society - 1 resident of historic district - 1 attorney Boston - appointed by Mayor - 9 members and 9 alternates, residing in City - 2 from 4 candidates registered architects, nominated by Boston Society of Architects - 1 from 2 architectural historians, nominated by Historic New England - 1 from 2 city planners, nominated by regional chapter of American Institute of Planners - 1 from 2 landscape architects, nominated by Boston Society of Landscape Architects - 1 from 2 candidates nominated by Greater Boston Real Estate Board - 1 from 2 candidates nominated by Greater Boston Chamber of Commerce - 2 selected at large by mayor "and who by reasons of experience or education have demonstrated knowledge and concern for conservation and enhancement of those physical features of the city which are important to its distinctive character" Chatham - appointed by BOS - 5 members - The selectmen in making such appointments shall use reasonable efforts to include 1 architect or builder, 1 realtor, 1 historian or person with experience in historic preservation, and 1 person with present or past business experience, with consideration being given to a person who presently or previously has owned or operated a business within the historic business district. -plus 2 alternate members Concord - appointed by BOS - 5 members, all residents of Concord - 1 from 2 candidates nominated by Concord Antiquarian Society (dba Concord Museum) - 1 from 2 candidates nominated by Concord Free Public Library - 1 from 2 candidates nominated by Concord Planning Board - 1 from 2 candidates nominated by Concord Natural Resources Commission - 1 appointed at large by BOS - 5 associate members nominated by above bodies Lowell - 9 members 5 appointed by City Manager, confirmed by City Council: - 1 attorney from 2 nominated by Lowell Bar Association - 1 from 2 nominated by Lowell Historical Society 1 - 1 from planning board - 1 "having an interest in real estate within the downtown district" from 2 nominated by chamber of commerce in consultation with Downtown Business Association and who is a member of both organizations; - 1 from 2 architects nominated by local chapter of American Institute of Architects - director of city division of planning and development - 1 appointed by chair of Lowell historic preservation commission - 1 appointed by superintendent of Lowell National Historical Park - 1 appointed by commissioner of environmental management of the executive office of environmental affairs (now DCR) Marblehead - not less than 3 nor more than 5 members, all residents of Marblehead residing in historic district - appointed by BOS for terms of 1 year - can be removed by BOS at its pleasure - 2 alternates Nantucket - 5 members, residents of Nantucket - appointed by BOS - 3 associate members Old Kings Highway Regional HDC Commission: - 6 members, chairs of town historic committees of Sandwich, Barnstable, Yarmouth, Dennis, Brewster, and Orleans Committees: -appointed by BOS - 5 members, 4 or 3 of whom are residents of the district 1 registered architect, not necessarily resident of district, or if none, building contractor with not less than 5 years' experience in the building trades Petersham - appointed by BOS - 5 members, at least 4 voting residents - 1 registered architect or person with architectural training and background - 1 from 2 nominated by Petersham Historical Society - 1 from voters of historic district - 1 "who in the opinion of the BOS is qualified by reason of his experience in the building trades" - 1 from 2 nominated by planning board Sudbury - appointed by BOS - 5 members, residents and voters 2 - 1 registered architect, or who in the opinion of the BOS by reason of his experience in the building trades is qualified - 3 appointed from among voters of various HDs - 1 from 2 nominated by Sudbury Historical Commission MGL Ch. 40C Historic District Commission Appointments -appointed by City Council and Mayor or BOS -not less than 3 nor more than 7 members - 1 from 2 nominated by local historical society - 1 from 2 nominated by local chapter of AIA - 1 from 2 nominated by local board of realtors, if any unless alternate or additional organizations would be more appropriate - alternate members need not be from above organizations 3 � �} : �\ ~ .�\ \ �\ � �° � �: \ , �, x �d � ��~ � �< �. /� e �/ « �� !■ �© .e �\ e > � \ . \ ® �. 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Ln €1, 13 ^G QJ N o q.� r t ct Ck C) c�3 va O raj ,.C3� � � �." �"' ��• �°•' � � � � � «.`—., � GC7 nj v] se �C7 cz ,, ,' Q Qj cn C 7 qrn�� c+ �" "N CC "I S , > CCS � cCS CS4 ."' R7 41 ntllE �• W ' I � g�tl, ' xi � .; y 45 Q � °i' " C tJ ,_ ✓* ntllE ¢q h.. W ' tl fi 2 \A f�: 45 bl) Tj . .. ......... tA rA rA U10 C-5 ul tr tn Z (—n rA J7 "� 14.0 r 4"+ w 1 ptllE C�� Z �tl 2 �� . . " p ., II "I Ln tr �w V� _ " " qJ 411 iN Al cn in cra u�a cncr 'i E Cj N CIO r tirA ptllE C�� dk Z �tl 2 �� U S- CA L, r) ��, rA u 0 ��) W) 4. bi ,C) x:� -- () = (1 0 Z rL "J V rj C, .. ............ 7� Mo fx� rj �"Ir M �n rl�ll UO 0 t5 :5 n 77 LA u UI tJ d r d 1" o 4. (A 40- Sq a 4- 4 1 ct t1d V ct Ca 0 t E3 C) el CIO 9b "Id a CJ Cl( 0 C-1 1,1= (") �11) ............ ski 4- (1114 C113 40 °v l 1 1, r s ifl � wl II�V rll. r a Cn 9. U crs va. � a a � Ln a C cs� u a� aCis Ln ® C'3 a� IN ME MII wWr aa�--II ter+ 4.7 Cr5 m f�, e% rA � ¥ \ � �\ � . � 4 % % ~;\ , If�V a ,, ro y w we' k J� , i " f k r r r Y d ra , AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Update -ATM 2018 Warrant Article 44 -Amend the General Bylaws- Demolition Delay (5 min.) PRESENTER: ITEM NUMBER: Marilyn Fenollosa 1.6 SUMMARY: Marilyn Fenollosa will present the 2018 Annual Town Meeting Warrant Article 44 Amend the General Bylaws- Demolition Delay Amendments SUGGESTED MOTION: N/A FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/7/2018 8:15 p.m. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Update -ATM 2018 Warrant Article 10 - CPA Projects (25 min.) PRESENTER: ITEM NUMBER: Marilyn Fenollosa 1.7 SUMMARY: Marilyn Fenollosa will provide an overview of the FY2019 CPA Project List. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 3/7/2018 8:20 p.m. ATTACHMENTS: Description Type FYIN CIIA Nnrta oct C st Rackup Matorria( �rra 4,a;nrt Y m QK"6Sl��p C'Q"\�rr ja.;c,ts� �rra ,a;nrt Y m. co 0 0 ui o N O_ 4, EA O EA a1 + V O II LU a to V 0 tomA -� � V O V 0 0 c? Z > d M d O 0- � 0- 0 a m U 0 0 H H L J LLl Q 1— p O O O O O o 0 Z 0 9 9 LL � cv N C� N LL H J � U " � LU LL � � � 0 � � 0 � 0 0 a W C\l0 0 a LL � � U a p O O O O O O O op O O O O O O O 0 0 0 0 0 0 0 LL ~ o o c\i LO m LO o p N O O � N � d' 091 � m m co � � LL N a) � �. O N cII U 0 E Q cu L (II a) O L O O O C a O w E cv U � o w a) c LU uJ cv a) _0 = o m 7 " U � cv E O cu 0 _0 _ cn o a) d Q � c ui cu oU ZU w w O •0 T U v °�a O LL a)cn L Z a) 0 E > E °) L W cn 0 (II a o 0 O m w O aa) - O1 O a Q �- N M d CO I-- 00 �- N M d Lo CO I,- w 0) CD N CD d r 00 W H °' co 0 OM z 0 R O � d U V CL U i> N L J W a F- o0 o — zp � > cu 0 0 o — CU c� N �_ E E LL C,4 N H 69 � JLOOO 0 J o= CU U LL cn W LL � cn N N 769. O 0 O a E a LL OR cn U �i a) o m m o �n LL ~ o �r L M LL N H F- W U 0 W z = w coLLm U_ 0 uJ O > cn � a = E w CO) U) z 0- CO) x m � w w o � U) � E Q OU m Q Q U U- Q M d Co f-- w O O �- N M d Lo Co ti AnI N N N N N N M M M M M M M M `& l 1 J i + r �a i� O■ O O O V O O O --� j N O O O CN M L O O r*ft'W" 'N N O 00 N N O 00 Cfl Co .,w cn cn C ►.� m m m E E E ,� aw w w "'\ W \.../ O o v '~ OL r t_A PIZ .V cr c� - X 1 l�r i PmEb /01014% T ■ MID VA a v a� 4m% � o � v o = .raft o = o IMMMMM w ti w , All coo 0 Pon / ilk Poo 'OOM*% 11 M rri r / O ■ L too a WAWA N r = y Poo O VA fit O O O a O F +a SP F r p d 1 V �� "� i O � Piz 42. G� N (o _ i t� 4-. O �=► Q� G� � ,OVA WAWA ,Rs 77OQ O Q C/) °' o N 1 619- r � P r t a fY ,r I ' O � O N vI too CL f 'D o , cn cn V � _ a = W p Qm ,y y N m �' If �j a � O O y 0: VA TOM wftft LO LL 609. Q W W i� � IIViPiYui��I I�� i I Ilui iiiiuim OVA o O W VA v ,p = `� (L.) O y = � � _ v N _ co O � + YU 9 o/f t fl u p / f, o i OR NO SRI /MN\ � f ll � rr • V , li� � O O10 TOM ,V ll %j '� ,O O = VA p O � o 0 LO m v �Q LL 61)- IIII �f� , 11111 �flliiYlYldl d�U1d1nIIIV �� � rr�>n�� �uiuuuou i 1 O "W r.Po i I PME5 oomft\ rml ■ ME RIC$ raft LL 4ft .v .� O i LI_ o O O cn -0 � p � � 00 � QCl) ° �0 i v � LO O d• 00 Imo- d• , ,j 00 O M d• O � ,fY yHc, 0 PME5 L 1/ 6.��� � N *Namloo N O i O .� 4=0 W •N Q � 0VA ._ > ,O Roo C� � � ono L •0 V •� 13 0 E E cn S2 �- 0 0 rt \■■■/ p T GI .......... ......... ........ .......... ......... ........ .......... .................. %ftw000 ■= N w VA w ■ .N .y ,_ LO � O 'tom ,_ Q v� to), �.. CD d' O d' N � N s- o .. _ . � N M •"� % 0 -0 p N U. w O W LV a J � J 00 CD 0 0 ~ > > 00 x N cn to w to0 0� �- DU. o U. 0 r cn c� Q '- Q O a Qo O Ei H Oh cn I Ih i AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Update - Community Center Sidewall,-, Plan(15 min.) PRESENTER: ITEM NUMBER: David Pinsonneault, DPW Director; John Livsey, Town Engineer 1.8 SUMMARY: No vote is requested for this agenda item. Staff has met with the Scottish Rite to review the planned layout for the proposed Community Center sidewalk from Marrett Road. This project is eligible for CPA funds. DPW staff is meeting with the CPC on March 8 to review. SUGGESTED MOTION: FOLLOW-UP: Staff is meeting with CPC on March 8th to review the plan and cost estimates. DATE AND APPROXIMATE TIME ON AGENDA: 3/7/2018 8:45 p.m. ATTACHMENTS: Description Type ❑ unctrur wsA schon ntrc (:h Ver Mom) cot ostrwmto ntinh)skloww allk (:h Ver Mom) ❑ enrtiry. w;nay schon ntk. (.h Ver Mom) ❑ enrtny way cost ostrnmto (.h Ver Mom) Jf r n _m is 4p N m$IP� I y a a n�Nc� I II 7, l [) ovm r m l t a `y p,o / 29 bg m m ! el o„ v o-n+ t MARRETT - „b y x ROAD 1y 4 - z � m Z II z A "c4 x n �zz o D rdz u A n 1'1 n1.2 m a �� omg Je ^semaa � g o o rm 7J 9 N n aa9 :.z Al O �O m 2$ o y - € P H^a 'sn ng mo a Ro CA �mz 2 p � c mz � � CEMENT CONCRETE WALKWAY ESTIMATED CONSTRUCTION COST 39 MARRETT RD. COMMUNITY CENTER LEXINGTON MA. Date: 3/2/2018 SITE WORK: 435 L.F. of 5'Wide Cement Concrete Walkway Quantify Unit Item Unit Cost Total Cost 235 S.Y. Cement Concrete Sidewalk $ 115.00 $27,025.00 20 C.Y. Rock Excavation $ 100.00 $2,000.00 65 C.Y. Dense Grade Crusher Run $ 25.00 $1,625.00 1000 S.Y. Subgrading For Sidewalk and Slopes $ 12.00 $12,000.00 90 C.Y. Misc. Excavation $ 25.00 $2,250.00 60 C.Y. Gravel Borrow Fill $ 15.00 $900.00 500 S.Y. Loam and Seeding,with 2'Wide Grass Strip $ 18.00 $9,000.00 1 L.S. Demolition, Removal and Rebuild of Wall $ 20,000.00 $20,000.00 1 L.S. Tree/Stump Removal $ 2,500.00 $2,500.00 2 EA. Cement Concrete Wheelchair Ramp $ 5,000.00 $10,000.00 50 L.F. Granite Curb Ramp Transitions $ 45.00 $2,250.00 1 L.S. Misc Work and Site Clean-up(including Cross-Walk Marking) $ 5,000.00 $5,000.00 1 L.S. Police- 10 days x 8 hours x 2 details x$50 $ 8,000.00 $8,000.00 Site Work $102,550.00 Add 20% Contingencies $123,060.00 OPTION-1 WORK: Raised Cross-Walk 30 L.F. Quantify Unit Item Unit Cost Total Cost 15 TON Bituminous Concrete Cross-walk, Leveler and Drainage Patch $ 175.00 $2,625.00 3 EA. Catch Basin (New and Remodel), Frame and Grate $ 4,500.00 $13,500.00 1 EA. Drain Manhole, Frame and Cover $ 4,500.00 $4,500.00 5 C.Y. Rock Excavation $ 100.00 $500.00 40 L.F. 12" Drain Pipe $ 55.00 $2,200.00 1 L.S. Police-5 days x 8 hours x 2 details x$50 $ 4,000.00 $4,000.00 1 L.S. Misc Work and Site Clean-up $ 800.00 $800.00 Offsite Work $28,125.00 Add 20% Contingencies $33,750.00 Total Onsite and Option-1 $130,675.00 Add 20% Contingencies $156,810.00 SOLAR LED BOLLAR LIGHTING: Quantify Unit Item Unit Cost Total Cost 28 EA. 8"Dia x 30"H. Bollard Walkway Lights/Conc. Foundation $ 3,600.00 $100,800.00 10 C.Y. Rock Excavation $ 120.00 $1,200.00 Solar Lighting $102,000.00 Total Onsite, Option-1, Solar Lighting $232,675.00 Add 20% Contingencies $279,210.00 POWERED LED BOLLAR LIGHTING: Quantify Unit Item Unit Cost Total Cost 600 L.F. 1" Dia. PVC Electrical Conduit and Wiring $ 40.00 $24,000.00 18 EA. 8"Dia x 30"H. LED Bollard Lights/Conc. Foundation $ 3,200.00 $57,600.00 1 L.S. Electrical Service $ 7,500.00 $7,500.00 100 C.Y. Rock Excavation $ 120.00 $12,000.00 Powered Lighting $101,100.00 Total Onsite, Option-1, Powered Lighting $231,775.00 Add 20% Contingencies $278,130.00 BITUMINOUS WALKWAY ESTIMATED CONSTRUCTION COST 39 MARRETT RD. COMMUNITY CENTER LEXINGTON MA. Date: 3/2/2018 SITE WORK: 435 L.F. of 5'Wide Bituminous Concrete Walkway Quantify Unit Item Unit Cost Total Cost 235 S.Y. Bituminous Concrete Binder and Top for Sidewalk $ 50.00 $11,750.00 20 C.Y. Rock Excavation $ 100.00 $2,000.00 65 C.Y. Dense Grade Crusher Run $ 25.00 $1,625.00 1000 S.Y. Subgrading For Sidewalk and Slopes $ 12.00 $12,000.00 90 C.Y. Misc. Excavation $ 25.00 $2,250.00 60 C.Y. Gravel Borrow Fill $ 15.00 $900.00 500 S.Y. Loam and Seeding,with 2'Wide Grass Strip $ 18.00 $9,000.00 1 L.S. Demolition, Removal and Rebuild of Wall $ 20,000.00 $20,000.00 1 L.S. Tree/Stump Removal $ 2,500.00 $2,500.00 2 EA. Cement Concrete Wheelchair Ramp $ 4,500.00 $9,000.00 50 L.F. Granite Curb Ramp Transitions $ 45.00 $2,250.00 1 L.S. Misc Work and Site Clean-up(including Cross-Walk Marking) $ 5,000.00 $5,000.00 1 L.S. Police- 10 days x 8 hours x 2 details x$50 $ 8,000.00 $8,000.00 Site Work $86,275.00 Add 20% Contingencies $103,530.00 OPTION-1 WORK: Raised Cross-Walk 30 L.F. Quantify Unit Item Unit Cost Total Cost 15 TON Bituminous Concrete Cross-walk, Leveler and Drainage Patch $ 175.00 $2,625.00 3 EA. Catch Basin (New and Remodel), Frame and Grate $ 4,500.00 $13,500.00 1 EA. Drain Manhole, Frame and Cover $ 4,500.00 $4,500.00 5 C.Y. Rock Excavation $ 100.00 $500.00 40 L.F. 12" Drain Pipe $ 55.00 $2,200.00 1 L.S. Police-5 days x 8 hours x 2 details x$50 $ 4,000.00 $4,000.00 1 L.S. Misc Work and Site Clean-up $ 800.00 $800.00 Offsite Work $28,125.00 Add 20% Contingencies $33,750.00 Total Onsite and Option-1 $114,400.00 Add 20% Contingencies $137,280.00 SOLAR LED BOLLAR LIGHTING: Quantify Unit Item Unit Cost Total Cost 28 EA. 8"Dia x 30"H. Bollard Walkway Lights/Conc. Foundation $ 3,600.00 $100,800.00 10 C.Y. Rock Excavation $ 120.00 $1,200.00 Solar Lighting $102,000.00 Total Onsite, Option-1, Solar Lighting $216,400.00 Add 20% Contingencies $259,680.00 POWERED LED BOLLAR LIGHTING: Quantify Unit Item Unit Cost Total Cost 600 L.F. 1" Dia. PVC Electrical Conduit and Wiring $ 40.00 $24,000.00 18 EA. 8"Dia x 30"H. LED Bollard Lights/Conc. Foundation $ 3,200.00 $57,600.00 1 L.S. Electrical Service $ 7,500.00 $7,500.00 100 C.Y. Rock Excavation $ 120.00 $12,000.00 Powered Lighting $101,100.00 Total Onsite, Option-1, Powered Lighting $215,500.00 Add 20% Contingencies $258,600.00 ��erige.puns<uq c+er,� ;a S u6is Jill" ulogdo uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuluuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuui uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuui uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu uuuuuuuuuuuuuuuuuuuuuuuuuuuu z� I �w V O J w w a w o w O o w J w� o� z � w El ll ~�bM��bo w lo om J o l l F- F- w w Q N�M30/S�_ - � "❑ � ow \ 9 wz z o M K lo z V— a N O o O ¢_ uN Z N a C O O A ; O �w LL w ozE ao z a� w w ow z 10 u w w o- _ o I N w�� m OM i BU F N N ® M M WJ fi�'L O'.b L l0<;LPL David Piinsonneault From: Colin Smith <colin@a colinsmitharch.com> Sent. Monday, February 19, 2018 6:17 PM To: David Pinsonneault Subject: CC-NHM entrance and signage_proposal and opinion of cost Attachments: Community Center-NHM Entrance CD-BIB-CA—CSA Proposal 2-19-18.pdf Hi David, Attached please find our proposal for your review. Regarding estimated cost of construction, my opinion as follows: General Conditions- $3K Demolition- $3K two small brick piers with CMU and concrete footing- $1 OK two large brick piers with CMU and concrete tooting- $2015 rework stone walls into new pier locations- $8K relocate lights- $2K relocate museum signs- $3K two new CC signs on existing granite coping- $1OK mise-• $5K subtotal= 64K prevailing wage factor= $16K subtotal=$80K contingency 10% total opinion inion of cost— 85K-$90K add soft costsyou're looking at$1 OOK+I I have a taker for the iron ,gates if the Town or Museum doesn't want them(would like to avoid them ending up in dumpster).. Thanks, Colin P. Smith, AAA COUN Sir ni ARCHITECTURE, INC. Lexington MA 02420 T 781,274.9955 oilman°uv.r ohn,,,n-iith7 yr h corn 1 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: FY2018 Second Quarter Budget Review(15 min.) PRESENTER: ITEM Carolyn Kosnoff,Assistant Town NUMBER: Manager for Finance; Jennifer Hewitt, Budget Officer 1'9 SUMMARY: No vote is requested for this agenda item. Staff will present a status report on FY2018 revenues and expenditures through the 2nd quarter of the fiscal year(December 31). SUGGESTED MOTION: NA FOLLOW-UP: NA DATE AND APPROXIMATE TIME ON AGENDA: 3/7/2018 9:00 P.M. ATTACHMENTS: Description Type QrY26 118 Soc on d Quata m Bcrc;g;ot Update Ca>Ver Mom) `O%3S MopNr o� 1775 �c Q X e 3 7 .� APRIL IT' LFXINo-V MEMORANDUM TO: Board of Selectmen FROM: Carolyn Kosnoff, Assistant Town Manager for Finance Jennifer Hewitt, Budget Officer DATE: March 7, 2018 SUBJECT: FY2018, 2nd Quarter Budget Status Report Summary This report provides 2nd quarter analysis of Budget to Year-to-Date revenues and expenditures as of December 31, 2017 for FY2018 General and Enterprise Funds. The General Fund accounts for the Town's annual operating budget. Water, sewer and recreation/community programs are reflected in the Enterprise Funds. For the purpose of analysis, it is assumed that at the close of the 2nd quarter, approximately 50% of estimated revenues will have been collected, and that departments will have spent approximately 50% of their appropriation. Line item expenditures that exceed 50% are reviewed by staff to determine if there is a risk that the department will exceed its appropriation by the end of the fiscal year. In general, both expenditures and revenues are in line with expectations as of the end of the 2nd quarter. A detailed breakdown of revenue collections can be found on pages 6-9, with expenditures on pages 10-19. The summary table below indicates the total activity for these items: Summary of Operating Revenues and Expenditures (A) (B) (A -B) B/A Revenue Estimates Collections Uncollected %Collected General Fund $210,894,076 $ 127,322,086 $ 83,571,989 60% Enterprise Funds $ 23,164,961 $ 11,425,350 $ 11,739,611 49% (A) (B) (C) (D) (B+C)/A (B/A) Expenditures Revised %Used %Used Budget' Expenditures Encumbered Available (Exp.&Enc.) (Exp.Only) General Fund $195,792,730 $ 75,601,283 $ 12,372,722 $ 107,818,725 45% 39% Enterprise Funds $ 21,777,408 $ 9,707,905 $ 925,865 $ 11,143,638 49% 45% Grand Total $217,570,138 $ 85,309,188 $ 13,298,587 $ 118,962,363 45% 39% 'Incorporates$3,086,987 in supplemental spending approved at Special Town Meeting 2017-3. FY2018, Quarter 2 Budget Status Report 1 General Fund Revenue Collections Revenue collections were largely in line with estimates. As of December 31, 2017, 60.37% or $127,322,086 of total estimated revenue for FY2018 ($210,894,076) had been collected. The majority of revenue (85%) is received from Property Tax receipts, which have recorded 60.94% of budgeted levels for the first two quarters. A breakdown of General Fund Revenue is shown below: Summary of Revenue Collections - General Fund (A) (B) (A-B) (B/A) FY2018 Revenue Collections Uncollected Percent Estimates' Collected Property Tax $ 176,724,815 $ 107,689,805 $ 69,035,011 60.94% ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... State Aid $ 15,664,471 $ 7,900,614 $ 7,763,857 50.44 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ................................................................................................................................................................................................................................................................................................................................................................................................................................................ Local Receipts $ 12,561,852 $ 5,788,730 $ 6,773,122 46.08% ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Motor Vehicle Excise $ 4,815,240 $ 679,669 $ 4,135,570 14.11% ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Other Excise (teals,jet fuel,hotel%tel $ 1,352,189 $ 922,111 $ 430,078 68.19% ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Pena/ties and Interest $ 301,000 $ 601,279 $ (300,279) 199.76% ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Payment in Lieu of Taxes(PILOTS) $ 596,000 $ 368,950 $ 227,050 61.90% ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Rentals of Town Buildings $ 328,635 $ 89,878 $ 238,757 27.35% ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Departmental-School $ 450,600 $ 116,899 $ 333,701 25.94% ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Departmental-Municipal $ 2,352,188 $ 1,383,723 $ 968,465 58.83% ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Licenses&Permits $ 1,812,570 $ 955,266 $ 857,304 52.70% ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Spec/a/Assessments $ 17,830 $ 7,238 $ 10,592 40.59% ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Fines and Forfeitures $ 235,600 $ 123,085 $ 112,516 52.24% ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Investment Income $ 300,000 $ 464,824 $ (164,824) 154.94% ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Misc. Non-recurring Revenue $ - $ 75,808 $ (75,808) --- ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Interfund Operating Transfers $ 5,942,938 $ 5,942,938 $ - 100.00°/ Total General Fund Revenue $ 210,894,076 $ 127,322,086 $ 83,571,989 60.37% 'Does not include Free Cash appropriated under Article 4 to support the FY2018 Operating Budget Explanation of Significant Variances 1. Property Tax— Reflects the pre-payments received at the end of December. Taxpayers pre- paid more than $17.5M in taxes due to federal tax reform changes. The Treasurer's office anticipates receiving numerous double-payments, which will need to be refunded. 2. Motor Vehicle Excise — The majority of revenue is received after the first commitment (billing) in February, which is typically for all vehicles registered in Town. 3. Other Excise — Receipts have historically been concentrated in the first half of the year, with a slight reduction in the second half. 4. Penalties and Interest —The Treasurer's Office continues to see the results from an initiative to collect back taxes. FY2018, Quarter 2 Budget Status Report 2 5. Rentals of Town Buildings— This category is highly dependent on receipt of payments for Cell Tower rentals. A significant amount was received the first week in January which brings the total closer to 50%. 6. Departmental — School —The largest driver of school revenue is from Medicaid reimbursements, which are concentrated at the end of the year. 7. Investment Income —The Treasurer reports an improving rate environment for Town deposits. In addition, the Town issued $30M in BANs in June which were spent down over the Summer and Fall, but the balance earned interest until expended. Genera/Fund Expenditures As of December 315t, 38.6% of the FY2018 General Fund budget of $195,792,730 has been expended and 44.9% has been expended or encumbered leaving $107,818,725 of the budget available for spending in the 3rd and 4t" quarters. Expenditures represent actual payments made for goods and services and encumbrances are reservations of budgets for goods or services ordered but yet to be delivered and/or invoiced. As of December 31st, analysis of those line items exceeding 50% of budget revealed no risk of those departments exceeding its appropriation at the end of the fiscal year. A breakdown of the General Fund Operating Budget is shown below: Summary of Operating Expenditures -General Fund (A) (B) (C) (D) (B+C)/A (B/A) Revised %Used %Used Budget' Expenditures Encumbered Available (Exp.&Enc.) (Exp.Only) Education $103,325,533 $ 38,076,323 $ 7,997,848 $ 57,251,362 44.6% 36.9% Shared Expenses $ 56,999,639 $ 21,856,313 $ 795,188 $ 34,348,138 39.7% 38.3% Municipal $ 35,467,558 $ 15,668,646 $ 3,579,686 $ 16,219,225 54.3% 44.2% Total $195,792,730 $ 75,601,283 $ 12,372,722 $107,818,725 44.9% 38.6% 'Incorporates$3,086,987 in supplemental spending approved at Special Town Meeting 2017-3. Explanation of Significant Variances 1. Education is heavily weighted (84.5%) towards personal services. The majority of staff begin in late August and work through June. As a result, personal service spending does not follow the expectation for 50% spent. As of December 31st, 8 of 22 paychecks had been issued (36%), and personal services spending is at 36.2% of budgeted levels. 2. The largest Shared Service item is employee health benefits, for which the Town submits premiums to the Group Insurance Commission one month in arrears. In addition, the bulk of Debt Service payments are made in February. Both factors contribute to the slightly lower spending levels for Shared Services. 3. Municipal — While a small number of salary line items have spent more than 50% of their total year's budget, this is primarily attributed to salary adjustments that were not built into the FY2018 budget projections such as retro payments for contract settlements and retirement buybacks. Additional retro payments and buybacks are expected in the second half of the year. Finance will continue to monitor these departments and a transfer from the Salary Adjustment Account will be recommended, if appropriate and necessary. FY2018, Quarter 2 Budget Status Report 3 Enterprise Fund Revenue Collections As of December 31, 2017, 49.32% or $11,739,611 of total estimated revenue for FY2018 ($23,164,961) had been collected. A breakdown of Enterprise Fund Revenue, by fund, is shown below: Summary of Revenue Collections - Enterprise Funds (A) (B) (A-B) (B/A) FY2018 Revenue Percent Estimates* Collections Uncollected Collected Water Charges for Services $ 10,334,984 $ 5,733,074 $ 4,601,910 55.47% Non-Rate Revenue $ 314,675 $ 125,271 $ 189,404 39.81% Retained Earnings $ 73,000 $ 73,000 $ - 100.00% Total Water $ 10,722,659 $ 5,931,345 $ 4,791,314 55.32% Sewer Charges for Services $ 9,319,514 $ 3,756,163 $ 5,563,351 40.30% Non-Rate Revenue $ 363,000 $ 182,799 $ 180,201 50.36% Retained Earnings $ - $ - $ - -- Total Sewer $ 9,682,514 $ 3,938,962 $ 5,743,552 40.680/ Recreation and Commpunity Programs Fees for Services $ 2,381,488 $ 1,177,009 $ 1,204,479 49.42% Non-Fee Revenues $ 3,300 $ 3,034 $ 266 91.95% Retained Earnings $ 375,000 $ 375,000 $ - 100.00% Total Recreation/CP $ 2,759,788 $ 1,555,043 $ 1,204,745 56.35% Total Enterprise Fund Revenue $ 23,164,961 $ 11,425,350 $ 11,739,611 49.320/ *Inclusive of revenue to fund indirect costs. Explanation of Significant Variances 1. Water— Charges for Services reflects higher water billing due to more actively used Irrigation accounts in the summer billing cycle. 2. Sewer—The apparent lag in Charges for Services is primarily due to bill due dates falling after January 1st. Bills are released in sections, and those for the largest section were not due until January 11', which falls after this reporting period. Receipts through early February show Sewer revenue at 58% of budgeted levels. 3. Recreation/CP — none. FY2018, Quarter 2 Budget Status Report 4 Enterprise Fund Expenditures As of December 315t, 44.6% of the FY2018 Enterprise Fund budgets of $21,777,408 has been expended and 48.8% has been expended or encumbered, leaving $11,143,638 of the budget available for spending in the 3rd and 41" quarters. A breakdown of the Enterprise Fund Operating Budgets is shown below: Summary of Operating Expenditures -Enterprise Funds (A) (B) (C) (D) (B+C)/A (B/A) Revised %Used %Used Budget* Expenditures Encumbered Available (Exp.&Enc.) (Exp.Only) Water* $ 9,869,785 $ 4,200,009 $ 201,591 $ 5,468,186 44.6% 42.6% Sewer* $ 9,182,509 $ 4,151,762 $ 178,626 $ 4,852,121 47.2% 45.2% Recreation/CP* $ 2,725,114 $ 1,356,134 $ 545,649 $ 823,332 69.8% 49.8% Total $ 21,777,408 $ 9,707,905 $ 925,865 $ 11,143,638 48.8% 44.6% *Exclusive of indirect costs Explanation of Significant Variances 1. Water/Sewer— Both Water and Sewer have more than $1 million in debt service costs built into each of their budgets; those payments will not be made until February. These enterprise operations experienced staff turnover this year, including some long-term staff. Both the staff vacancies and the lower salaries for new staff have contributed to lower spending in personal services, particularly for Sewer. 2. Recreation/CP — Personal service spending for Recreation alone is at 68.7% year-to-date due to the number of recreation programs offered in July and August compared to other months. FY2018, Quarter 2 Budget Status Report 5 FY2018 2nd Quarter General Fund Revenue Report ]PROPERTYTAX FY2018 Revenue Collections as of Uncollected as of Percent PERSONAL PROPERTY TAX from Recap 12/31/2017 12/31/2017 Collected 10010020 1 41118 18 PERSONAL PROPERTY TAX $ 5,424,381 1 $ 2,764,783 1 $ 2,659,598 1 50.97% 10010020 1 IPRIOR YEARS PERSONAL PROPERTY TAX 1 1 $ 15,291 $ 15,291 --- TOTAL PERSONAL PROPERTY $ 5,424,381 $ 2,780,074 $ 2,644,308 1 51.25% REAL ESTATE TAXES 10010030 41218 18 REAL ESTATE TAX $ 171,300,434 $ 103,317,029 $ 67,983,405 60.31% 10010030 41217 17 REAL ESTATE TAX $ 740,338 $ 740,338 --- 10010030 41216 16 REAL ESTATE TAX $ 19,585 $ (19,585) --- 10010030 41215 15 REAL ESTATE TAX $ (1,506 $ 1,506 --- 10010030 41207 07 REAL ESTATE TAX $ 1,993 $ (1,993) --- 10010030 41212 12 REAL ESTATE TAX 1 $ 35,000 $ 35,000 1 --- 10010030 1 41451 1 DEFERRED TAXES 1 $ 162,618 $ (162,618) 10010040 1 41420 ITAX LIENS/TITLES REDEEMED 1 $ 704,674 1 $ 704,674 --- TOTAL REAL ESTATE 1 $ 171,300,4341$ 104,909,731 1 $ 66,390,703 1 61.24% TOTAL -•P :0 REVENUE FROM STATE-CHERRY SHEET FY2018 Revenue Collections as of Uncollected as of Percent from Recap 12/31/2017 12/31/2017 Collected 10010130 46204 CH 70 SCHOOL AID $ 13,998,894 $ 6,999,444 $ 6,999,450 50% 10010130 46209 CHARTER SCHOOL ASSESSMENT $ 8,767 $ 3,638 $ 5,129 41% 10010130 46602 VETERANS BENEFITS CH 115 $ 54,912 $ 44,432 $ 10,480 81% 10010130 46605 LOTTERY AID $ 1,531,029 $ 765,510 $ 765,519 50% 10010130 46102 EXEMPTIONS-VET,BLIND,ELD,SURV $ 70,869 $ 87,590 $ 16,721 124% TOTAL00 . MOTOR VEHICLE EXCISE TAX FY2018 Revenue Collections as of Uncollected as of Percent from Recap 12/31/2017 12/31/2017 Collected 10010050 41518 18 MVE TAX $ 4,815,240 $ $ 4,815,240 0.00% 10010050 41500 00 MVE TAX $ $ - --- 10010050 41501 01 MVE TAX $ $ 10010050 41502 02 MVE TAX $ $ 10010050 41503 03 MVE TAX $ $ 10010050 41504 104 MVE TAX $ $ 10010050 41505 05 MVE TAX $ 50 $ 50 --- 10010050 41506 06 MVE TAX $ - $ - 10010050 41507 07 MVE TAX $ - $ - 10010050 41508 08 MVE TAX $ 86 $ 86 --- 10010050 41509 09 MVE TAX $ - $ - 10010050 41510 10 MVE TAX $ - $ - 10010050 41511 Ill MVE TAX $ 145 $ 145 --- 10010050 41512 112 MVE TAX $ 85 $ (85) --- 10010050 41513 113 MVE TAX $ 178 $ 178 --- 10010050 41514 14 MVE TAX $ 45 $ (45) --- 10010050 41515 15 MVE TAX $ 888 $ 888 --- 10010050 41516 16 MVE TAX $ 8,111 Is (8,111) --- 10010050 41517 17 MVE TAX $ 671,858 $ 671,858 --- 10010050 41570 MVE TAX-PRIORY RS $ $ --- I TOTAL MOTOR• FY2018 Revenue Collections as of Uncollected as of Percent from Recap 12/31/2017 12/31/2017 Collected 10010080 1 41901 10THER EXCISE-HOTEL/MOTEL 1 $ 838,189 $ 565,218 $ 272,971 1 67.43% 10010080 1 41902 10THER EXCISE-JET FUEL 1 $ 80,000 1 $ 116,167 $ 36,167 145.21% 10010080 41903 OTHER EXCISE-MEALS TAX 1 $ 434,0001 $ 240,7261 $ 193,2741 55.47% TOTAL • 0,0 6 PENALTIES&INTEREST FY2018 Revenue Collections as of Uncollected as of Percent from Recap 12/31/2017 12/31/2017 Collected 10010060 41701 PEN&INT PP TAX $ 11,000 $ 2,145 $ 8,855 19.50% 10010060 41702 PEN&INT RE TAX $ 190,000 $ 112,299 $ 77,701 59.10% 10010060 41703 PEN&INT TAX LIENS $ 50,000 $ 469,789 $ (419,789) 939.58% 10010060 41704 PEN&INT MVE TAX $ 50,000 $ 17,047 $ 32,953 34.09% TOTAL • 000 00 PAYMENT IN LIEU OF • FY2018 Revenue Collections as of Uncollected as of Percent from Recap 12/31/2017 12/31/2017 Collected 10010070 1 41801 1 PAYMENT IN LIEU OF TAXES 1 $ 596,0001 $ 368,9501 $ 227,050 1 61.90% TOTALOF • 000 FY2018 Revenue Collections as of Uncollected as of Percent from Recap 12/31/2017 12/31/2017 Collected 10010090 43298 CELL TOWER REVENUE $ 242,000 $ 50,450 $ 191,550 20.85% 10010100 43601 RENTALS OF TOWN BUILDINGS $ 86,635 $ 39,428 $ 47,207 45.51% TOTAL DEPARTMENTAL-SCHOOLS FY2018 Revenue Collections as of Uncollected as of Percent from Recap 12/31/2017 12/31/2017 Collected 10010200 43301 ERATE REVENUE $ 9,600 $ - $ 9,600 0% 10010200 43401 TUITION $ - $ 5,000 $ 5,000 --- 10010200 43406 TRANSCRIPT FEES $ 29,000 $ 4,613 $ 24,387 16% 10010200 48403 MEDICAID REIMBURSEMENT $ 400,000 $ 86,784 $ 313,216 22% 10010200 43405 STUDENT PARKING FEES $ 12,000 $ 8,050 $ 3,950 67% 10010200 43407 HOMELESS STUDENT TRANSPORTATION $ - $ 12,402 $ 12,402 TOTAL •EPARTMENTAL-SCHOOLS $ 450,600 DEPARTMENTAL-MUNICIPAL FY2018 Revenue Collections as of Uncollected as of Percent from Recap 12/31/2017 12/31/2017 Collected 10010090 42701 FIRE DEPT REC-AMBULANCE FEES $ 1,200,000 $ 683,790 $ 516,211 56.98% 10010090 42702 FIRE DEPT REC-FIRE ALARM FEES $ 13,650 $ 1,300 $ 12,350 9.52% 10010090 42703 POLICE DEPT REC-HOUSE ALARMS $ 14,000 $ 6,320 $ 7,680 45.14% 10010090 43202 CERTIFICATE OF REDEMPTION $ 78 $ 40 $ 38 51.28% 10010090 43205 MUNICIPAL LIEN CERTIFICATES $ 33,000 $ 13,758 $ 19,242 41.69% 10010090 43208 SEALER OF WTS&MEASURES FEES $ - $ - $ - --- 10010090 43210 PROTECTED TREE FEES $ 23,000 $ 3,380 $ 19,620 14.70% 10010090 43213 IFEES FOR ENGINEERING SERVICES $ 200 $ 53 $ 147 26.50% 10010090 43219 BATTLE GREEN CHARTERS $ 500 $ 443 $ 58 88.50% 10010090 43221 LEXPRESS FARES $ 68,000 $ 28,345 $ 39,655 41.68% 10010090 43226 FIRE FEE-CERT OF COMPLIANCE $ 33,000 $ 16,450 $ 16,550 49.85% 10010090 43227 TOWN CLERK FEE $ 35,900 $ 17,976 $ 17,924 50.07% 10010090 43228 POLICE DEPT FEE $ 62,000 $ 49,426 $ 12,574 79.72% 10010090 43229 REGISTRY SURCHARGE FEE $ 28,000 $ 9,175 $ 18,825 32.77% 10010090 43230 DPW FEES FOR SERVICE $ 500 $ 204 $ 296 40.80% 10010090 43231 P.B. FILING&REVIEW FEES $ 21,800 $ 29,500 $ 7,700 135.32% 10010090 43232 B&Z MICROFILM FEES $ 12,000 $ 3,950 $ 8,050 32.92% 10010090 43233 B.O.A. HEARING FEES $ 13,700 $ 5,210 $ 8,490 38.03% 10010090 43234 P.B. SALE OF MAPS&DEV. REGUL $ 240 $ - $ 240 0.00% 10010090 43235 ANR PLAN FILING FEES $ 470 $ 11500 $ 1,030 319.15% 10010090 43236 RENTAL CAR SURCHARGE FEES $ 3,000 $ 1,442 $ 1,558 48.06% 10010090 43238 CONSERVATION FEES $ 31,000 $ 18,324 $ 12,676 59.11% 10010090 43240 CEMETERY PREPARATION $ 115,000 $ 80,577 $ 34,423 70.07% 10010090 43299 MISC. FEES $ 26,500 $ 1,056 $ 25,444 3.98% 10010090 43302 AVALON BAY MONITORING SERVICES $ 9,650 $ - $ §-,65-01 0.00% 10010090 43547 TRENCH PERMIT FEES $ 7,0001 $ 2,750 1 $ 4,2501 39.29% 10010090 43550 NET METERING CREDIT REVENUE $ 600,0001 $ 408,7541 $ 191,2461 68.13% TOTAL • 7 LICENSE&PERMITS FY2018 Revenue Collections as of Uncollected as of Percent from Recap 12/31/2017 12/31/2017 Collected 10010120 44105 ALCOHOL&BEVERAGE LIC $ 79,400 $ 81,670 $ (2,270) 102.86% 10010120 44201 BUILDING PERMITS $ 1,200,000 $ 635,842 $ 564,158 52.99% 10010120 44202 GAS PERMITS $ 28,800 $ 10,543 $ 18,257 36.61% 10010120 44203 WIRING PERMITS $ 200,000 $ 102,528 $ 97,472 51.26% 10010120 44204 PLUMBING PERMITS $ 64,000 $ 31,102 $ 32,898 48.60% 10010120 44205 SHEET METAL PERMITS $ 19,000 $ 1,620 $ 17,380 8.53% 10010120 44224 MECHANICAL PERMITS $ 35,000 $ 1,824 $ 33,176 5.21% 10010120 44225 SELECTMAN'S LIC.&PERMITS $ 1,000 $ 1,970 $ (970) 197.00% 10010120 44227 BOARD OF HEALTH LIC&PERMITS $ 48,000 $ 5,115 $ 42,885 10.66% 10010120 44229 FIRE DEPT LIC. &PERMITS $ 33,000 $ 19,835 $ 13,165 60.11% 10010120 44230 B&Z MISC PERMITS $ 6,800 $ 4,894 $ 1,906 71.97% 10010120 44253 CABLE FRANCHISE LICENSE $ 4,500 $ - $ 4,500 0.00% 10010120 44258 FIREARMS LICENSE $ 2,350 $ 875 $ 1,475 37.23% 10010120 44290 ITOWN CLERK'S LIC&PERMITS $ 48,000 $ 9,615 $ 38,385 20.03% 10010120 44293 DPW STREET OPENING PERMITS $ 38,000 $ 45,824 $ (7,824) 120.59% 10010120 44294 RIGHT OF WAY OBSTRUCTION $ - $ 100 $ (100) --- 10010120 44295 STORM WATER/DRAIN PERMIT I $ - $ 1,157 $ 1,157 --- 10010120 44296 DRAIN LAYERS LICENSE 1 $ 1,220 $ 480 $ 740 39.34% 10010120 44299 MISC. LICENSE.&PERMITS 1 $ 3,500 $ 272 1 $ 3,2281 7.76% TOTAL0. SPECIAL ASSESSMENTS FY2018 Revenue Collections as of Uncollected as of Percent from Recap 12/31/2017 12/31/2017 Collected 10010160 1 47502 ISTREET BETTERMENT 1 $ 17,8301 $ 7,238 1 $ 10,5921 40.59% TOTAL FORFEITURESFINES& FY2018 Revenue Collections as of Uncollected as of Percent from Recap 12/31/2017 12/31/2017 Collected 10010150 46801 COURT FINES $ 3,6001 $ 1,294 $ 2,306 35.94% 10010170 47702 PARKING FINES $ 82,000 1 $ 33,368 $ 48,632 1 40.69% 10010170 47704 NON CRIMINAL FINES $ 10,0001 $ 11,055 $ 1,055 110.55% 10010170 47706 REGISTRY CMVI $ 140,0001 $ 77,368 $ 62,6331 55.26% TOTAL •- 00 0: INCOMEINVESTMENT FY2018 Revenue Collections as of Uncollected as of Percent from Recap 12/31/2017 12/31/2017 Collected 10010180 1 48211 JINT EARNED ON SAVINGS 1 $ 300,0001 $ 464,824 $ (164,824) 154.94% TOTAL • 300,000 MISCELLANEOUSNON-RECURRING 10010090 1 43300 IMISC NON-RECURRING REVENUE $ - 1 $ 74,577 $ 74,577 --- 10010140 1 46807 IRECOVERIES FROM STATE $ 1 $ 1,231 $ 1,231 --- 10010140 1 46814 JEXTRA POLLING HOURS $ $ - $ --- -1 TOTAL MISC NON-RECURRING :0: :0: OPERATING FY2018 Revenue Collections as of Uncollected as of Percent from Recap 12/31/2017 12/31/2017 Collected 10010190 49724 TRANSFERS FROM OTHER SPEC REV $ 428,700 $ 428,700 $ 100.00% 10010190 49760 TRANSFERS FROM SEWER ENT FUND $ 546,827 $ 546,827 $ 100.00% 10010190 49761 TRANSFERS FROM WATER ENT FUND $ 872,465 $ 872,465 $ 100.00% 10010190 49770 TRANSFERS FROM RECREATION ENT $ 254,826 $ 254,826 $ 100.00% 10010190 49 '83 TRANSFER FROM TRUST FUNDS $ 3,840,120 $ 3,840,120 $ 100.00% TOTAL • •P 100.00% TOTALGRAND .0 TOTAL TOTALGRAND 8 FY2018 2nd Quarter Enterprise Funds Revenue Report SEWER MUNICIPAL REVENUES FY2018 Revenue Collections as Percent Estimates of 12/31/2018 Uncollected Collected 600105001 42101 ISEWER USER CHARGES $ 9,319,514 1 $ 3,756,163 1 $ 5,563,351 40.30% SEWER NON-RATE REVENUE $ 363,000 $ 182,799 $ 180,201 50.36% RETAINED EARNINGS $ - $ - $ - TOTAL WATER MUNICIPAL REVENUES FY2018 Revenue Collections as Percent Estimates of 12/31/2018 Uncollected Collected 610105001 42102 IWATER USER CHARGES $ 10,334,984 $ 5,733,074 $ 4,601,910 55.47% WATER NON-RATE REVENUE $ 314,675 1 $ 125,271 $ 189,4041 39.81% RETAINED EARNINGS $ 73,000 1 $ 73,000 $ - 100.00% TOTAL RECREATION FY2018 Revenue Collections as Percent Estimates of 12/31/2018 Uncollected Collected 70010500 42450 RECREATION USER CHARGES $ 1,073,235 $ 532,383 $ 540,852 49.61% 70010500 43299 RECREATION MISC REVENUE $ - $ - $ - 70010500 42460 COMMUNITY CTR REVENUE $ 533,253 $ 193,484 $ 339,769 36.28% 70010500 42470 GOLF USER CHARGES $ 775,000 $ 451,142 $ 323,858 58.21% 70010500 48211 INT EARNED ON SAVINGS $ 3,300 $ 3,034 $ 266 91.95% RETAINED EARNINGS 1 $ 375,000 $ 375,000 $ - 100.00% TOTAL • TOTAL 9 y O n ^ y U U ul O O - - U u� 0 O Qrn 1, N Ln O N Ln .. 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PRESENTER: ITEM NUMBER: Carol Kowalski,Assistant Town Manager for Development 1.10 SUMMARY: A vote is requested for this agenda item. At the Board's request, staff has drafted a memo to the Planning Board regarding he Selectmen's comments on the Citizens Article 38 to amend the use table for the commercial district on Marrett Road, at Spring Street. The proponent's proposed Use Tables, revised as of February 27, are attached. SUGGESTED MOTION: Move to approve and sign the letter to the to the Planning Board regarding Article 38 of the Annual Town Meeting. FOLLOW-UP: BOS office staff will process. DATE AND APPROXIMATE TIME ON AGENDA: 3/7/2018 9:15 p.m. ATTACHMENTS: Description Type D 11nn,pose ZZonrY)g;C'gr.m:mg,a Q"na,; mtmtY m. Ana ,a;nrt Y m. D C.moat m:m.d Now Anna Raalxl �na ,a;nrt Y m. 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G.2.02 Office located on any floor other than street floor level N Y *Permitted in a basement G.2.03 Office space of all companies in a building occupies a total N Y of more than 50% of the floor area in a building G.2.04 Offices in which one company has more than 1,000 square N Y feet of floor area but not more than 2,500 square feet of floor area in a building G.2.05 Building used for offices without limit as to the amount of N SP floor area one company may occupy or the percentage of floor area occupied by offices Existing Proposed CS CSX A. RESIDENTIAL USES A.1.0 PRINCIPAL RESIDENTIAL USES A.1.01 One-family dwelling N N A.1.02 Two-family dwelling N N A.1.03 Dwelling unit above street floor level in a commercial or N N institutional building A.1.04 Congregate living facility N N A.1.05 Balanced housing development, public benefit N N development, site sensitive development A.1.06 Multifamily dwelling N N A.2.0 ACCESSORY USES FOR RESIDENTIAL USES A.2.01 Rooming units (not to exceed 3) N N A.2.02 Basic accessory apartment SP SP A.2.03 Expanded accessory apartment SP SP A.2.04 Accessory structure apartment SP SP A.2.05 Bed and breakfast home SP SP A.2.06 Home occupation, instruction SP SP A.2.07 Home occupation, minor SP SP A.2.08 Home occupation, major SP SP A.2.09 Tennis court or court for a sport played with a racquet or Y Y paddle including handball A.2.010 Family child care home SP SP A.2.011 Family child care home, large SP SP A.2.012 Adult day care in the home SP SP A.2.013 Outdoor parking of commercial vehicles other than one Y Y vehicle not larger than 10,000 pounds GVW A.2.014 Outdoor parking of more than four automobiles for a Y Y dwelling unit A.2.015 Indoor parking of commercial vehicles other than one Y Y vehicle not larger than 15,000 pounds GVW A.2.016 Outdoor storage of unregistered vehicles other than one Y Y automobile not stored in the required yard for the principal dwelling, and screened from the view of abutting lots and the street B. INSTITUTIONAL USES B.1.0 PRINCIPAL INSTITUTIONAL USES B.1.01 Child care center Y Y B.1.02 Use of land or structures for religious purposes Y Y B.1.03 Use of land or structures for educational purposes on land Y Y owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation B.1.04 Municipal buildings or uses Y Y B.1.05 Park, playground, cemetery Y Y KEY -Proposed CSX zone new use 1 Existing CS Proposed CSX C. PRINCIPAL AGRICULTURAL AND NATURAL RESOURCE USES C.1.0 AS A PRINCIPAL USE C.1.01 Exempt agricultural uses and structures as set forth in G.L. Y Y c. 40A, s. 3 C.1.02 Farm for the raising of crops not exempt by statute Y Y C.1.03 Greenhouse or nursery not exempt by statute SP SP C.1.04 Horseback riding area or stables not exempt by statute N N C.1.05 Roadside stand not exempt by statute (for two-year terms) SP SP C.1.06 Removal from a lot of earth materials for sale such as loam, N N sod, sand, gravel, stone, rock or clay C.1.07 Medical Marijuana Cultivation Center N N D. TEMPORARY USES D.1.01 Temporary dwelling to replace a permanent dwelling on the Y Y same lot during reconstruction D.1.02 Temporary building or trailer incidental to the construction Y Y of a building or land development D.1.03 Temporary structures and uses not otherwise permitted in Y Y the district, provided the Building Commissioner finds that the proposed structure or use is compatible with the neighborhood D.1.04 Temporary structures and uses not otherwise permitted in SP SP the district, provided the proposed structure or use is compatible with the neighborhood E. OPERATING STANDARDS E.1.01 Operations, in part or in whole, conducted outdoors during Y Y operating hours E.1.02 Storage of equipment and products outdoors during non- Y Y operating hours F. DEVELOPMENT STANDARDS F.1.01 Uses and structures with less than 10,000 square feet of Y Y gross floor area including the area of any existing structures but not including any floor area devoted to off-street parking, on a lot F.1.02 Uses and structures with 10,000 or more square feet of R R gross floor area including the area of any existing structures but not including any floor area devoted to off-street parking, on a lot G. OFFICE USES G.1.0 AS A PRINCIPAL USE G.1.01 Medical, dental, psychiatric office, but not a clinic N Y G.1.02 Medical, dental, psychiatric office, but not a clinic, with N Y related laboratory G.1.03 Business or professional office N Y KEY -Proposed CSX zone new use 2 Existing CS Proposed CSX G.2.0 DEVELOPMENT STANDARDS FOR OFFICE USES G.2.01 Office located on street floor level *Not permitted in a center N Y storefront. G.2.02 Office located on any floor other than street floor level N Y *Permitted in a basement G.2.03 Office space of all companies in a building occupies a total N Y of more than 50% of the floor area in a building G.2.04 Offices in which one company has more than 1,000 square N Y feet of floor area but not more than 2,500 square feet of floor area in a building G.2.05 Building used for offices without limit as to the amount of N SP floor area one company may occupy or the percentage of floor area occupied by offices H. PERSONAL, BUSINESS, OR GENERAL SERVICE USES H.1.0 AS A PRINCIPAL USE H.1.01 Beauty parlor, barber shop Y Y H.1.02 Laundry or dry-cleaning pickup station with processing Y Y done elsewhere; laundry or dry cleaning with processing on the premises, self-service laundromat or dry cleaning H.1.03 Tailor, dressmaker, shoe repair Y Y H.1.04 Real estate sales or rental N Y H.1.05 Bank or Credit Union N N H.1.06 Bank or Credit Union with drive-up window or auto-oriented N N branch bank H.1.07 Automatic teller machine Y Y H.1.08 Travel agency, insurance agency, ticket agency N Y H.1.09 Photographic services including commercial photography Y Y H.1.010 Repair of household appliances, small tools or equipment, Y Y rental of equipment or tools for use in a home H.1.011 Funeral parlor Y Y H.1.012 Photocopying, reproduction services but not commercial Y Y printing H.1.013 Medical clinic for outpatient services N Y H.1.014 School not exempt by statute Y Y H.1.014.1 Instruction in music or the arts, not to exceed 3,500 square Y Y feet of floor space per establishment H.1.015 Commercial printing, publishing Y Y H.1.016 Newspaper distribution agency Y Y H.1.017 Office of veterinarian Y Y H.1.018 Kennel, boarding of household pets Y Y H.1.019 Pet grooming service provided that it shall be conducted Y Y entirely within the principal building and no pets shall be boarded overnight H.1.020 Private postal service Y Y KEY -Proposed CSX zone new use 3 Existing CS Proposed CSX H.1.021 Recycling collection store SP SP H.1.022 Museum, art gallery, private library N N H.1.023 Nonprofit community service center or charitable N N organization H.1.024 Private, nonprofit club or lodge of social, fraternal, veterans, N N professional or political association; union hall; not including a recreational club H 2.00 DEVELOPMENT STANDARDS FOR PERSONAL, BUSINESS, OR GENERAL SERVICE USES H.2.01 Services with more than 1,500 square feet of floor space Y Y per establishment H.2.02 Services with more than 3,500 square feet of floor space Y Y per establishment I. SALES OR RENTAL OF GOODS AND EQUIPMENT 1.1.0 AS PRINCIPAL USE 1.1.01 Convenience goods often bought on a daily basis such as Y Y food, candy, newspapers, tobacco products 1.1.02 General merchandise, department store N Y 1.1.03 Food, not intended for consumption on the premises; N Y includes grocery store, but not a takeout or fast-food service 1.1.04 Package liquor store, with no consumption of beverages on N SP the premises 1.1.05 Apparel, fabrics and accessories N Y 1.1.06 Furniture, home furnishings, home appliances and N Y equipment, carpets 1.1.07 Other retail goods such as books, stationery, drugs, N Y sporting goods,jewelry, photographic equipment and supplies, flowers, novelties, cards, footwear, and the like which are typically of a size that a customer can carry by hand 1.1.08 Hardware, paint, wallpaper Y Y 1.1.09 Building materials Y Y 1.1.010 Lawn and garden supplies and equipment Y Y 1.1.011 Sale or rental of equipment and supplies, such as office Y Y furniture, to other businesses 1.1.012 Artisan work N Y 1.1.013 Medical Marijuana Distribution Center N N 1.2.0 DEVELOPMENT STANDARDS FOR SALE OR RENTAL OF GOODS AND EQUIPMENT 1.2.01 Stores with more than 2,000 square feet of floor area per Y Y establishment 1.2.02 Sales or rental conducted in part outdoors with permanent Y Y display of products during non-operating hours J. EATING AND DRINKING; TRANSIENT ACCOMMODATIONS J.1.0 AS A PRINCIPAL USE J.1.01 Restaurant N SP KEY -Proposed CSX zone new use 4 Existing CS Proposed CSX J.1.02 Fast-food service N SP J.1.03 Takeout food service (* Requires a special permit for SP SP service between the hours of 11 PM and 7 AM) J.1.04 Caterer or other establishment preparing meals for groups Y Y of people (* Only in conjunction with a substantial retail food business) J.1.05 Drive-in or drive-through food service N N J.1.06 Hotel, motel N j N K. COMMERCIAL RECREATION, AMUSEMENT, ENTERTAINMENT K.1.0 AS A PRINCIPAL USE K.1.01 Movie theater(indoor) N N K.1.02 Indoor athletic and exercise facilities, weight reduction Y Y salon K.1.03 Recreational facilities such as golf course, tennis or SP SP swimming club K.1.04 Private nonprofit recreational facility such as golf course, Y Y tennis or swimming club L. MOTOR VEHICLE RELATED SALES AND SERVICE USES L.1.0 AS A PRINCIPAL USE L.1.01 Motor vehicle sales or rental; includes automobiles, trucks, SP SP campers, vans, recreational vehicles, boats, or trailers L.1.02 Service station, sale of fuel and other motor oil products SP SP and accessories such as batteries, tires L.1.03 Sales and installation of automotive parts such as tires, SP SP mufflers, brakes and motor vehicle accessories L.1.04 Motor vehicle maintenance and minor repairs limited to SP SP engine tune-up, lubrication and installation of replacement parts, adjustment or replacement of brakes or tires, washing and polishing, but not including engine overhaul, body work or painting L.1.05 Substantial motor vehicle repair including engine overhaul, SP SP bodywork and painting L.1.06 Car wash conducted entirely within a building SP SP L.1.07 Automobile parking lot where the parking spaces do not SP SP serve a principal use on the same lot and where no sales or service takes place L.1.08 Storage of automobiles or trucks SP SP M. CONSTRUCTION, STORAGE, DISTRIBUTION AND INDUSTRIAL USES M.1.0 AS A PRINCIPAL USE M.1.01 Bakery Y Y M.1.02 Industrial services such as machine shop, welding SP SP M.1.03 Commercial mover, associated storage facilities SP SP M.1.04 Distribution center, parcel delivery, commercial mail delivery N N center KEY -Proposed CSX zone new use 5 Existing CS Proposed CSX M.1.05 Office, display or sales space of a wholesale or distributing Y Y establishment, provided that not more than 25% of the floor area is used for assembly of products M.1.06 Trade shop Y Y M.1.07 Office, yard and storage facilities for construction company SP SP such as a general contractor, landscape contractor M.1.08 Fuel oil dealer including sale and repair of heating SP SP equipment but not including bulk storage of fuel oil N. MANUFACTURING USES N.1.0 AS A PRINCIPAL USE N.1.01 Light manufacturing N N N.1.02 Laboratory engaged in research, experimental and testing N N activities, which may include the development of mock-ups and prototypes but not the manufacture of finished products N.1.03 Medical Marijuana Processing Center N N N.1.04 Biotech Manufacturing N N O. UTILITY, COMMUNICATIONS, AND TRANSPORTATION USES 0.1.0 AS A PRINCIPAL USE 0.1.01 Radio, television studio, but without transmitting or Y Y receiving towers 0.1.02 Transmitting or receiving tower or antenna for commercial N N activities other than those which are used exclusively for wireless communication facilities 0.1.03 Commercial ambulance service SP SP 0.1.04 Taxicab garage, parking area SP SP 0.1.05 Bus garage or storage facility SP SP 0.1.06 Parking maintenance facilities for commercial vehicles SP SP 0.1.07 Landing place for helicopters not including storage or N N maintenance facilities 0.1.08 Wireless communication facility*Yes if concealed as per§ SP* SP* 6.4.4 0.1.09 Essential services Y Y 0.1.10 Ground mounted solar energy systems N N P. OPEN AIR, SEASONAL AND SPECIAL EVENTS P.1.0 AS A PRINCIPAL USE P.1.01 Flea market SP SP P.1.02 Seasonal sale of Christmas trees and wreaths Y Y Q. ACCESSORY USES FOR COMMERCIAL USES Q.1.01 Parking of trucks or other equipment to be used for the Y Y maintenance of the buildings and grounds only; shall be parked only in a garage or in an outdoor area not within the minimum yard for the principal building and shall be screened from the view of abutting lots and the street KEY -Proposed CSX zone new use 6 Existing CS Proposed CSX Q.1.02 Temporary overnight outdoor parking of freight carrying or Y Y material handling equipment Q.1.03 Convenience business use Y Y Q.1.04 Cafeteria, dining room, conference rooms, function rooms, Y Y recreational facilities; the use shall be conducted primarily for the employees or clientele of the principal use and not for the general public and shall be conducted entirely within the principal building with no evidence of the existence of the use from the street or from any lot line Q.1.05 Processing, storage and limited manufacturing of goods N N and materials related solely to research, experimental and testing activities Q.1.06 Light manufacturing N N Q.1.07 Outdoor storage of inoperable or unregistered motor SP SP vehicles CG Added New Uses in CSX not in CS 15 CG Added New Developmental Standards in 5 CSX not in CS KEY -Proposed CSX zone new use 7 This proposal adds a new commercial district(CSX) intended to simplify the current small commercial districts. TABLE 2, SCHEDULE OF DIMENSIONAL CONTROLS CS CSX Minimum lot area 20,000 20,000 Minimum lot frontage in feet 125 125 Minimum front yard in feet (a), (b), (h) 30 30 Minimum side yard in feet 15 15 Minimum rear yard in feet 20 20 Minimum side and rear yard adjacent to, or front yard 30 30 across the street from a residential district in feet Maximum floor area ratio (FAR) 0.2 0.2 Maximum site coverage 25% 25% Public and institutional buildings, maximum height in 3 3 stories Public and institutional buildings, maximum height in 45 45 feet: Other buildings, maximum height in stories 2 2 Other buildings, maximum height in feet 25 25 Minimum Yards for Parking Residential District Line Street Line All Other Lot Lines Wall of a Principal Building District (feet) (feet) (feet) (feet) CSX 20* 10 N/A 5 CRS, CS, CB, CN 20* JE:10J N/A 5 Required Depth or Width (in feet) of Transition Area Adjacent District District in Which Lot is Located GC RO RS RT RD CN CRS CS CSX CB CLO CRO CM Street Line CS E1 20 20 20 20 15 15 E1E1H 15 F-1E 20 CSX E1 20 20 20 20 15 15 E1E1H 15 E1E 20 KEY -Proposed CSX zone new use 8 Existing Proposed CS CSX A. RESIDENTIAL USES A.1.0 PRINCIPAL RESIDENTIAL USES A.1.01 One-family dwelling N N A.1.02 Two-family dwelling N N A.1.03 Dwelling unit above street floor level in a commercial or N N institutional building A.1.04 Congregate living facility N N A.1.05 Balanced housing development, public benefit N N development, site sensitive development A.1.06 Multifamily dwelling N N A.2.0 ACCESSORY USES FOR RESIDENTIAL USES A.2.01 Rooming units (not to exceed 3) N N A.2.02 Basic accessory apartment SP SP A.2.03 Expanded accessory apartment SP SP A.2.04 Accessory structure apartment SP SP A.2.05 Bed and breakfast home SP SP A.2.06 Home occupation, instruction SP SP A.2.07 Home occupation, minor SP SP A.2.08 Home occupation, major SP SP A.2.09 Tennis court or court for a sport played with a racquet or Y Y paddle including handball A.2.010 Family child care home SP SP A.2.011 Family child care home, large SP SP A.2.012 Adult day care in the home SP SP A.2.013 Outdoor parking of commercial vehicles other than one Y Y vehicle not larger than 10,000 pounds GVW A.2.014 Outdoor parking of more than four automobiles for a Y Y dwelling unit A.2.015 Indoor parking of commercial vehicles other than one Y Y vehicle not larger than 15,000 pounds GVW A.2.016 Outdoor storage of unregistered vehicles other than one Y Y automobile not stored in the required yard for the principal dwelling, and screened from the view of abutting lots and the street B. INSTITUTIONAL USES B.1.0 PRINCIPAL INSTITUTIONAL USES B.1.01 Child care center Y Y B.1.02 Use of land or structures for religious purposes Y Y B.1.03 Use of land or structures for educational purposes on land Y Y owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation B.1.04 Municipal buildings or uses Y Y B.1.05 Park, playground, cemetery Y Y KEY -Proposed CSX zone new use 1 Existing CS Proposed CSX C. PRINCIPAL AGRICULTURAL AND NATURAL RESOURCE USES C.1.0 AS A PRINCIPAL USE C.1.01 Exempt agricultural uses and structures as set forth in G.L. Y Y c. 40A, s. 3 C.1.02 Farm for the raising of crops not exempt by statute Y Y C.1.03 Greenhouse or nursery not exempt by statute SP SP C.1.04 Horseback riding area or stables not exempt by statute N N C.1.05 Roadside stand not exempt by statute (for two-year terms) SP SP C.1.06 Removal from a lot of earth materials for sale such as loam, N N sod, sand, gravel, stone, rock or clay C.1.07 Medical Marijuana Cultivation Center N N D. TEMPORARY USES D.1.01 Temporary dwelling to replace a permanent dwelling on the Y Y same lot during reconstruction D.1.02 Temporary building or trailer incidental to the construction Y Y of a building or land development D.1.03 Temporary structures and uses not otherwise permitted in Y Y the district, provided the Building Commissioner finds that the proposed structure or use is compatible with the neighborhood D.1.04 Temporary structures and uses not otherwise permitted in SP SP the district, provided the proposed structure or use is compatible with the neighborhood E. OPERATING STANDARDS E.1.01 Operations, in part or in whole, conducted outdoors during Y Y operating hours E.1.02 Storage of equipment and products outdoors during non- Y Y operating hours F. DEVELOPMENT STANDARDS F.1.01 Uses and structures with less than 10,000 square feet of Y Y gross floor area including the area of any existing structures but not including any floor area devoted to off-street parking, on a lot F.1.02 Uses and structures with 10,000 or more square feet of R R gross floor area including the area of any existing structures but not including any floor area devoted to off-street parking, on a lot G. OFFICE USES G.1.0 AS A PRINCIPAL USE G.1.01 Medical, dental, psychiatric office, but not a clinic N Y G.1.02 Medical, dental, psychiatric office, but not a clinic, with N Y related laboratory G.1.03 Business or professional office N Y KEY -Proposed CSX zone new use 2 Existing CS Proposed CSX G.2.0 DEVELOPMENT STANDARDS FOR OFFICE USES G.2.01 Office located on street floor level *Not permitted in a center N Y storefront. G.2.02 Office located on any floor other than street floor level N Y *Permitted in a basement G.2.03 Office space of all companies in a building occupies a total N Y of more than 50% of the floor area in a building G.2.04 Offices in which one company has more than 1,000 square N Y feet of floor area but not more than 2,500 square feet of floor area in a building G.2.05 Building used for offices without limit as to the amount of N SP floor area one company may occupy or the percentage of floor area occupied by offices H. PERSONAL, BUSINESS, OR GENERAL SERVICE USES H.1.0 AS A PRINCIPAL USE H.1.01 Beauty parlor, barber shop Y Y H.1.02 Laundry or dry-cleaning pickup station with processing Y Y done elsewhere; laundry or dry cleaning with processing on the premises, self-service laundromat or dry cleaning H.1.03 Tailor, dressmaker, shoe repair Y Y H.1.04 Real estate sales or rental N Y H.1.05 Bank or Credit Union N N H.1.06 Bank or Credit Union with drive-up window or auto-oriented N N branch bank H.1.07 Automatic teller machine Y Y H.1.08 Travel agency, insurance agency, ticket agency N Y H.1.09 Photographic services including commercial photography Y Y H.1.010 Repair of household appliances, small tools or equipment, Y Y rental of equipment or tools for use in a home H.1.011 Funeral parlor Y Y H.1.012 Photocopying, reproduction services but not commercial Y Y printing H.1.013 Medical clinic for outpatient services N Y H.1.014 School not exempt by statute Y Y H.1.014.1 Instruction in music or the arts, not to exceed 3,500 square Y Y feet of floor space per establishment H.1.015 Commercial printing, publishing Y Y H.1.016 Newspaper distribution agency Y Y H.1.017 Office of veterinarian Y Y H.1.018 Kennel, boarding of household pets Y Y H.1.019 Pet grooming service provided that it shall be conducted Y Y entirely within the principal building and no pets shall be boarded overnight H.1.020 Private postal service Y Y KEY -Proposed CSX zone new use 3 Existing CS Proposed CSX H.1.021 Recycling collection store SP SP H.1.022 Museum, art gallery, private library N N H.1.023 Nonprofit community service center or charitable N N organization H.1.024 Private, nonprofit club or lodge of social, fraternal, veterans, N N professional or political association; union hall; not including a recreational club H 2.00 DEVELOPMENT STANDARDS FOR PERSONAL, BUSINESS, OR GENERAL SERVICE USES H.2.01 Services with more than 1,500 square feet of floor space Y Y per establishment H.2.02 Services with more than 3,500 square feet of floor space Y Y per establishment I. SALES OR RENTAL OF GOODS AND EQUIPMENT 1.1.0 AS PRINCIPAL USE 1.1.01 Convenience goods often bought on a daily basis such as Y Y food, candy, newspapers, tobacco products 1.1.02 General merchandise, department store N Y 1.1.03 Food, not intended for consumption on the premises; N Y includes grocery store, but not a takeout or fast-food service 1.1.04 Package liquor store, with no consumption of beverages on N SP the premises 1.1.05 Apparel, fabrics and accessories N Y 1.1.06 Furniture, home furnishings, home appliances and N Y equipment, carpets 1.1.07 Other retail goods such as books, stationery, drugs, N Y sporting goods,jewelry, photographic equipment and supplies, flowers, novelties, cards, footwear, and the like which are typically of a size that a customer can carry by hand 1.1.08 Hardware, paint, wallpaper Y Y 1.1.09 Building materials Y Y 1.1.010 Lawn and garden supplies and equipment Y Y 1.1.011 Sale or rental of equipment and supplies, such as office Y Y furniture, to other businesses 1.1.012 Artisan work N Y 1.1.013 Medical Marijuana Distribution Center N N 1.2.0 DEVELOPMENT STANDARDS FOR SALE OR RENTAL OF GOODS AND EQUIPMENT 1.2.01 Stores with more than 2,000 square feet of floor area per Y Y establishment 1.2.02 Sales or rental conducted in part outdoors with permanent Y Y display of products during non-operating hours J. EATING AND DRINKING; TRANSIENT ACCOMMODATIONS J.1.0 AS A PRINCIPAL USE J.1.01 Restaurant N SP KEY -Proposed CSX zone new use 4 Existing CS Proposed CSX J.1.02 Fast-food service N SP J.1.03 Takeout food service (* Requires a special permit for SP SP service between the hours of 11 PM and 7 AM) J.1.04 Caterer or other establishment preparing meals for groups Y Y of people (* Only in conjunction with a substantial retail food business) J.1.05 Drive-in or drive-through food service N N J.1.06 Hotel, motel N j N K. COMMERCIAL RECREATION, AMUSEMENT, ENTERTAINMENT K.1.0 AS A PRINCIPAL USE K.1.01 Movie theater(indoor) N N K.1.02 Indoor athletic and exercise facilities, weight reduction Y Y salon K.1.03 Recreational facilities such as golf course, tennis or SP SP swimming club K.1.04 Private nonprofit recreational facility such as golf course, Y Y tennis or swimming club L. MOTOR VEHICLE RELATED SALES AND SERVICE USES L.1.0 AS A PRINCIPAL USE L.1.01 Motor vehicle sales or rental; includes automobiles, trucks, SP SP campers, vans, recreational vehicles, boats, or trailers L.1.02 Service station, sale of fuel and other motor oil products SP SP and accessories such as batteries, tires L.1.03 Sales and installation of automotive parts such as tires, SP SP mufflers, brakes and motor vehicle accessories L.1.04 Motor vehicle maintenance and minor repairs limited to SP SP engine tune-up, lubrication and installation of replacement parts, adjustment or replacement of brakes or tires, washing and polishing, but not including engine overhaul, body work or painting L.1.05 Substantial motor vehicle repair including engine overhaul, SP SP bodywork and painting L.1.06 Car wash conducted entirely within a building SP SP L.1.07 Automobile parking lot where the parking spaces do not SP SP serve a principal use on the same lot and where no sales or service takes place L.1.08 Storage of automobiles or trucks SP SP M. CONSTRUCTION, STORAGE, DISTRIBUTION AND INDUSTRIAL USES M.1.0 AS A PRINCIPAL USE M.1.01 Bakery Y Y M.1.02 Industrial services such as machine shop, welding SP SP M.1.03 Commercial mover, associated storage facilities SP SP M.1.04 Distribution center, parcel delivery, commercial mail delivery N N center KEY -Proposed CSX zone new use 5 Existing CS Proposed CSX M.1.05 Office, display or sales space of a wholesale or distributing Y Y establishment, provided that not more than 25% of the floor area is used for assembly of products M.1.06 Trade shop Y Y M.1.07 Office, yard and storage facilities for construction company SP SP such as a general contractor, landscape contractor M.1.08 Fuel oil dealer including sale and repair of heating SP SP equipment but not including bulk storage of fuel oil N. MANUFACTURING USES N.1.0 AS A PRINCIPAL USE N.1.01 Light manufacturing N N N.1.02 Laboratory engaged in research, experimental and testing N N activities, which may include the development of mock-ups and prototypes but not the manufacture of finished products N.1.03 Medical Marijuana Processing Center N N N.1.04 Biotech Manufacturing N N O. UTILITY, COMMUNICATIONS, AND TRANSPORTATION USES 0.1.0 AS A PRINCIPAL USE 0.1.01 Radio, television studio, but without transmitting or Y Y receiving towers 0.1.02 Transmitting or receiving tower or antenna for commercial N N activities other than those which are used exclusively for wireless communication facilities 0.1.03 Commercial ambulance service SP SP 0.1.04 Taxicab garage, parking area SP SP 0.1.05 Bus garage or storage facility SP SP 0.1.06 Parking maintenance facilities for commercial vehicles SP SP 0.1.07 Landing place for helicopters not including storage or N N maintenance facilities 0.1.08 Wireless communication facility*Yes if concealed as per§ SP* SP* 6.4.4 0.1.09 Essential services Y Y 0.1.10 Ground mounted solar energy systems N N P. OPEN AIR, SEASONAL AND SPECIAL EVENTS P.1.0 AS A PRINCIPAL USE P.1.01 Flea market SP SP P.1.02 Seasonal sale of Christmas trees and wreaths Y Y Q. ACCESSORY USES FOR COMMERCIAL USES Q.1.01 Parking of trucks or other equipment to be used for the Y Y maintenance of the buildings and grounds only; shall be parked only in a garage or in an outdoor area not within the minimum yard for the principal building and shall be screened from the view of abutting lots and the street KEY -Proposed CSX zone new use 6 Existing CS Proposed CSX Q.1.02 Temporary overnight outdoor parking of freight carrying or Y Y material handling equipment Q.1.03 Convenience business use Y Y Q.1.04 Cafeteria, dining room, conference rooms, function rooms, Y Y recreational facilities; the use shall be conducted primarily for the employees or clientele of the principal use and not for the general public and shall be conducted entirely within the principal building with no evidence of the existence of the use from the street or from any lot line Q.1.05 Processing, storage and limited manufacturing of goods N N and materials related solely to research, experimental and testing activities Q.1.06 Light manufacturing N N Q.1.07 Outdoor storage of inoperable or unregistered motor SP SP vehicles CG Added New Uses in CSX not in CS 15 CG Added New Developmental Standards in 5 CSX not in CS KEY -Proposed CSX zone new use 7 This proposal adds a new commercial district(CSX) intended to simplify the current small commercial districts. TABLE 2, SCHEDULE OF DIMENSIONAL CONTROLS CS CSX Minimum lot area 20,000 20,000 Minimum lot frontage in feet 125 125 Minimum front yard in feet (a), (b), (h) 30 30 Minimum side yard in feet 15 15 Minimum rear yard in feet 20 20 Minimum side and rear yard adjacent to, or front yard 30 30 across the street from a residential district in feet Maximum floor area ratio (FAR) 0.2 0.2 Maximum site coverage 25% 25% Public and institutional buildings, maximum height in 3 3 stories Public and institutional buildings, maximum height in 45 45 feet: Other buildings, maximum height in stories 2 2 Other buildings, maximum height in feet 25 25 Minimum Yards for Parking Residential District Line Street Line All Other Lot Lines Wall of a Principal Building District (feet) (feet) (feet) (feet) CSX 20* 10 N/A 5 CRS, CS, CB, CN 20* JE:10J N/A 5 Required Depth or Width (in feet) of Transition Area Adjacent District District in Which Lot is Located GC RO RS RT RD CN CRS CS CSX CB CLO CRO CM Street Line CS E1 20 20 20 20 15 15 E1E1H 15 F-1E 20 CSX E1 20 20 20 20 15 15 E1E1H 15 E1E 20 KEY -Proposed CSX zone new use 8 o,3s MOOD? oa' 177S 4c o� a N zV v An Eown of lexington, jAffla,0aCbU5ettq V APRILW �Fx INC,'t OFFICE OF SELECTMEN SUZANNE E.BARRY,CHAIRMAN PETER C.J.KELLEY JOSEPH N.PATO MICHELLE L.CICCOLO TEL: (781)698-4580 DOUGLAS M.LUCENTE FAX: (781)863-9468 February 26,2018 Richard Canale, Chair Planning Board 1625 Massachusetts Avenue Lexington,Mass. 02420 Dear Mr. Canale, The Board of Selectmen wish to express its support for Article 38,the proposed CSX District zoning bylaw amendment for a portion Marrett Road near Spring Street that is now zoned CS -Commercial Services. The current version of the proposed zoning bylaw amendment has been reduced in scope as a result of dialogue within the community that the rezoning petitioner initiated. While some exciting parts of the original proposal have been removed,the Board of Selectmen believes the proposal now better reflects a balance between the short-term needs of the commercial property owners and those of the residential abutters. We hope that this Article will initiate a broader conversation about the role small commercial areas like the Marrett and Spring CS district can play in the Town. Specifically,the Board believes that this Article has the potential to: • Improve the Town's tax revenues by creating more business opportunities in the area; • Create an opportunity to increase amenities benefitting nearby residents; and • Start a conversation about small,neighborhood-scale economic development. The current draft Motion affects only uses and does not alter the dimensional requirements in any way. That is,these changes will not create any redevelopment opportunities that do not already exist but will allow more varieties of business to occupy the existing buildings. We hope that the Planning Board joins us in support of this modest proposal. Sincerely, Suzanne E.Barry,Chair Michelle L.Ciccolo Peter C.J.Kelley Joseph N.Pato Douglas M.Lucente 1625 MASSACHUSETTS AVENUE• LEXINGTON,MASSACHUSETTS 02420 e-mail selectmen@lexingtonma.gov AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: ATM 2018 Article Positions & Presenters (5 min.) PRESENTER: ITEM NUMBER: Suzie Barry, Chairman I.11 SUMMARY: The Board will begin to take positions on ATM 2018 articles. SUGGESTED MOTION: FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 3/7/2018 9:25 p.m. ATTACHMENTS: Description Type v 3 Rackup Matorria( oc u a� r w 00 cz � , ° bn o + o bA S� T cr3 uCA & d o p o N cz N C/) v°'i rN � o Ecz - o cz x '� u o an C o � • o Aa Aacp o N o � ^cn 'i � QUHUH � U � o� dA r- A (�1 0 o o o o w o x o v, U a� H7t v 00 a1 0 oc � o cz u a, r A' o O c R z 0 u a� o C/) a � � .� o 0 0 0 cz � � N " cc3 cn � a� cz p� qq �C aqcz cc3 u a� a) cz o cz E CA O H V) CA O vi H S-i S-i VS-i N S-i ba'A S-i S-i +cz F—I a) 1�21�21�21�21�21�2 , ; o p o p p o N tt c� U c� c� c� c� c� o o a� a� tL o o 0 0 0 o o ct N M 7t v� �p oc J o u r 1, S rd a� r r t r N bA N 0 4 + a a� W 0 a4 0 a4 a an a� a� - o bA 0 C cci U cci c� pa o 0o 0 0 0 0 o o o Gz 0 0 � � 0 0 a4 0 O N O cr3 y Qa N N p N cr3 cr3 cr3 S� N 2 P. 0 p 0 p 0 0 U r-- co C� o N oc 1 � u rd a� r J � I � � t F=� O C/) cH ctp bA v v aq W V CJ O O p W tL vpi bq cl] N N U U S� U tL N Ij Al w o p s. 00 u-C Ins. O U O r r O = �, U O w O r ti ti o a� " u - au u U p01 CL s- cc3 � P•N � A- P O N N O U p p O O O O U O p •N •N O U •N W N M 7t l-- CO C1 O N M 7t v� �i oc cz u a� r A A ti � ti cz cz � cr3 O C4H 4 C7 j o cn o CZ N W o o o czv o o cn 7t ° � °o o . � .s � � � w `M° M 00 7t 7t 7t 7t 7t 7t AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Future Meeting Dates (5 min.) PRESENTER: ITEM NUMBER: Suzanne Barry, Chair 1.12 SUMMARY: The Board will review BO S meeting dates for July- December 2018. SUGGESTED MOTION: N/A FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 3/7/2018 9:30 p.m. ATTACHMENTS: Description Type IMS Potontras Dates, Jury QDw�cxn4wrr20118 Rackrrkn Matorrks( ................... BOS Potential July-December 2018 Meeting Dates; DATE DAY MEETING TIME LOCATION 71412018 Wednesday HOLIDAY:Independence Day 7/9/2018 Monday BOS Meeting 7:00 PM SMR 7/23/2018 Monday BOS Meeting 7:00 PM SMR 8/6/2018 Monday BOS Meeting 7:00 PM SMR 8/27/2018 Monday BOS Meeting 7:00 PM SMR 91312018 Monday HOLIDAY:Labor Day 91412018 Tuesday VOTE:State Primary 9/5/2018 Wednesday BOS Meeting 7:00 PM SMR 911012018 Monday HOLIDAY:Rosh Hashanah 911112018 Tuesday HOLIDAY:Rosh Hashanah 9/17/2018 Monday BOS Meeting 7:00 PM SMR 911812018 Tuesday HOLIDAY: Yom Kippur 911912018 Wednesday HOLIDAY: Yom Kippur 10/1/2018 , Monday BOS Meeting 7:00 PM SMR 10/4/2018 Thursday Budget Summit# 1 7:00 PM TBA 101812018 Monday HOLIDAY: Columbus Day 10/15/2018 Monday BOS Meeting 7:00 PM SMR 10/29/2018 Monday BOS Meeting 7:00 PM SMR 11/5/2018 Monday BOS Meeting 7:00 PM SMR 111612018 Tuesday VOTE:State Election 11/8/2018 Thursday Budget Summit#2 7:00 PM TBA 1111112018 Sunday Veterans Day Events 1111212018 Monday HOLIDAY: Veterans Day Observed 11/19/2018 Monday BOS Meeting 7:00 PM SMR 1112212018 Thursday HOLIDAY: Thanksgiving 11/26/2018 Monday BOS Meeting 7:00 PM SMR 11/27/2018 Tuesday Budget Hearing Day# 1 TBD SMR 11/28/2018 Wednesday Budget Hearing Day#2 TBD SMR 11/29/2018 Thursday Budget Hearing Day#3 TBD SMR 12/3/2018 Monday BOS Meeting 7:00 PM SMR 12/6/2018 Thursday Budget Summit#3 7:00 PM TBA 12/17/2018 Monday BOS Meeting 7:00 PM SMR 1212512018 Tuesday HOLIDAY: Christmas AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Selectmen Committee Appointments/Reappointment (5 min.) PRESENTER: ITEM NUMBER: Suzie Barry, Chairman 1.13 SUMMARY: Annual Appointment Town Counsel. . Anderson& Krieger Appointment Fund for Lexington Board . S electman Re-appointments Board of Registrars Mark Vitunic (nomination submitted by Lexington Republic Town Committee) SUGGESTED MOTION: Move to appoint Anderson& Krieger, represented by Mina S. Makarious, as Town Counsel for Lexington for a term to expire March 31, 2019. Move to appoint as a member of the Fund for Lexington Board Move to reappoint Mark Vitunic to the Board of Registrars to a three year term to expire March 31, 2021. FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 3/7/2018 9:35 p.m. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Water & Sewer Commitments and Adjustments PRESENTER: ITEM NUMBER: David J Pinsonneault C.1 SUMMARY: Water& Sewer Commitment December 2017 Final billing $ 2,828.72 Water& Sewer Commitment January 2018 Final billing $ 8,794.62 Water& Sewer Adjustment as recommended by WSAB 11/2/17 ($ 10,891.09) Water& Sewer Adjustment as recommended by WSAB 12/14/17($ 3,951.26) Water& Sewer Adjustment as recommended by WSAB 2/15/18 ($37,282.90) SUGGESTED MOTION: Motion to approve the above Water& Sewer Commitments and Adjustments. FOLLOW-UP: Treasurer/Collector DATE AND APPROXIMATE TIME ON AGENDA: 3/7/2018 ATTACHMENTS: Description Type M rotor&Sows or itawms ii)r lX)S 3 7-118 (:h>Ver Mom) FY2018 �S ADJUSTMENTS TO WATER/SEWER 1 §� AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD t PAGE 1 OF 2 ^� WSAB NOVEMBER 2,2017 805 MARCH 7,2018 0300793800 6 Drummer Bay Way $116.76 $321.62 $438.38 881623 2017 0300763100 8 Park Street $68.92 $178.29 $247.21 880089 2017 02003966001 11 Dee Road $349.83 $349.83 861201 2017 0300940400 51 Spring Street -$193.26 -$0,01 -$193.27 869013 2017 0300916700 67 Bridge Street -$83.05 -$233.20 -$316.25 883230 2017 The homeowners applied for an abatement on two twills due to toilet leeks. A repair invocce was provided and the excess usage was recalculated at 0200994300 3 Cornerstone Way -$396.24 -$1,164.28 -$1,560.52 878946- 2017 wholesale water rates. 0300981802 45 Earl Street -$75.36 -$75.36 869371 2017 0300635500 9 Grandview Avenue -$154.05 4582.06 -$736.11 865089 2017 This account was estimated several times before we could 0100075000 443 Massachusetts Avenue $894.81 -$4,740.17 _$3,B45.36 855573* 2017 'get in to fix the meter. 0300684600 10 Ctxbow Road -$34.92 -$134.04 -$168.96 880263 2017' 0200518900 6 Frost Road -$698.40 -$698,40 833755 2016 0300914200 17 Bridge Street -$94.76 -$252.47 -$347,23 883199* 2017 0100215300 24 Grapevine Avenue 411.67 -$20.58 -$32.25 887644 2017 0300763100 8 Park Street -$87M -$219.33 -$307.13 881280 2017 0200498900 44 Ridge Road 4860.52 -$860.52 877081 2017 0200425100 24 Preston Road -$843.82 -$1,867,13 -$2,710.95 861567 2017 This account was estimated several times before we could get in to fix the meter. '. Sablotal -$1,405.13 -$9,411.76 T$10,816.89 WSAB 112117 605 Wr 18 k 177s FY2018 ADJUSTMENTS TO WATER/SEWER. AS RECOMMENDED BYY THE WATER AND SEWER ABATEMENT BOARD AM11Ir PAGE 2 OF 2 WSAB NOVEMBER 2,2017 BOS MARCH 7,2018 ACCOUNTrNOTES Carried over from Page 1 -$1,405.13 -$9,4111.76 •$10,816.89 0100300600 15 Trotting Horse[hive -$26.32 .$47.88 -$74,20 873894* 2017 I Total 4 1,431.45 -$9,459.64 4 10,891.09 Denotes that more than one bill is involved in the abatement NOTESACCOUNT NSR STREET IULL YEAR 0100301900 58 Blossomcrest Road 873057 2017 0100013900 924 Massachusetts Avenue 855645 2017 0300873700 456 11 Marrett Road 868112 2017 .......,_.,.. Col _ _ It is the recommendation of the Water and Sewer Abatement Baard that the Town lector be authorized to waive interest that has accrued on the bills h dulled herein,unless stated here otherwise,trorro tare due da te of the biVl lumil 8i?calendar days after the date of wrinon rmttttmtYon to appl mat of rho Selectmmn°s action. THE SUM SET AGAINST THE ABOVE ACCOUNTS IS HEREBY ADJUSTED. WATER SEWER TOTAL ($1,431.45) ($9,459.64) ($10,891.09) DI�1�11 11 Pl1BlIC WORKS BOARD OF SELECTMEN 8/7/18 WSAB I IrN17 B08 W118 aasx FY2018 ADJUSTMENTS TO WATER/SEWER 8 AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD PAGE 1 OF 1 WSAB DECEMBER 14,2017 BOS MARCH 7,2018 ACCOUNT ;, 0300642802 11 Frances Road -$277.89 -$277.89 865184 2017 0200526300 22 Brent Road -$198.20 -$577.07 -$775.27 892323 2018 0200414500 67 Dexter Road -$62.58 -$277.76 -$340.34 890812 2018 0100238700 16 'Wellington lane Ave -$58.68 $150.50 -$209.18 887932 2018 0200551702 5 Whitman Circle -$1,081.00 -$1,081.00 863292 2017 Leaks found in irrigation system 02004581100 94 Hancock Street -$50.00 -$50.00 891412 2018 0200559400 29 1 Hayes Lane -$285.80 -$525.14 $810.94 892832 2018 0200559402 29 Hayes Lane $476.78 $476,78 892833 2018 0200395100 87 North Hancock Street -$50.57 -$89,18 -$139.75 890567 2018 0100253500 50 Pleasant Street -$19.45 -$34.30 -$53.75 888113 2018 0100021800 11 Leighton Avenue -$130.76 -$559,16 -$689,92 885035 2018 Subtotal -$1,738,15 -$2,213.11 -$3,9'51.26 "Denotes that more than one hill is involved In the abatement Fh Ss the recomanendotlon of the Water ord Sewer Abatemenl Board that the Town Collector be authorized to waive interest that has accrued on the bills Induced hereln,unless stated here otherwise,from the due dote of fie bilk.until 30 Calendar days niter the date of written ratification to applicant of the Selectmen's action. THE SUM SET AGAINST THE ABOVE ACCOUNTS IS HEREBY ADJUSTED, WATER SEWER TOTAL ($1,738.15) ($2,213.11) ($3,951.26) 0JA-- NORKS BOARD OF SELECTMEN 3/7/18 WSA5 12J14M7 008 117J18 EY2018 ®"x ADJUSTMENTS TO WATER/SEWER AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD PAGE 1 OF 2 WSAB FEBRUARY 15,2018 BOS MARCH 7,2018 ACCOUNT NBR STREET WATER SEWER TOTAL BlLt YEAR NOTES 0100139100 63 Baker Avenue -$451.04 -$1'...,535.00 -$1,986.04 886584 0200366100 15.17 Bedford Street .$188.32 -$494.93 -$683.25 884763 2018 0100247200 6 CarmeR.....Circle $0.00 -$1,491.84 41,491.84 865055 2017 ,Irrigation atlon on Domestic meter 0100130100 29 Charles Street -$981.04 -$1,978.81 -$2,959.85 857151 2017 Account estimated several times 0100041500 42 Circle Road -$221.64 -$599.67 »$821.31 885275 201$ 0200354200 24 Clarke Street -$97,23 -$269,51 -$366.74 8900341 2018 0100987702 11 Clematis Rood -$1,158.66 -$1,158.66 859620 2017 Leaks In Irrigation system 0100247200 314 Concord Avenue -$50.28 -$50.28 -$100.56 858681 2017 House under renovation -DOM and 0200340900 20 Dane Road -$964.86 -$2,206.69 -$3,171.55 875011* 2017 IRR.meters swapped 00200341300 25 Dane Road -$28.57 -$456.40 -$484.97 860477 2017 0100301900 14 Fa➢dawn Lane $0.00 -$4.,487.22 -$4,487.22 850047 2016 fool filled through DOM meter 0300812700 106 Grave Street -$549.62 -$1,400.49 -$1,950.11 838172 2016 Account estimated several times 0200505200 567 Lowell Street -$119.69 •$273.96 -$393,6.5 $77161 2017* D200505202 567 Lowell Street $313.27 $0.00 $313.27 877161 2017* 0100305902 2 Mulberry Lane $2,533.20 $2,533,20 873939* 1 2017 DOM and IRR meters swapped 01100a05900 2 Mulberry Lane •.$1,873.15 -$4,292.71 -$6,165.86 8739401 2017 DOM and IRR meters swapped Subtotol -$3,837.63 $19,,537.51 -$23,375.14 WSAB 2)15118 BOS 3M1®. 177s FY2f11 B la ADJUSTMENT'S TO WATER/SEWER �tr,• AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD PAGE 2 OF 2 WSAB FEBRUARY 15,2018 BCoS MARCH 7,2018 TOTALACCOUNT NEIR STREET WATER SEWER •, Carried over from Page I,. 43,837.63 -$19,537.51' -$23,375.14 0200615500 18 Ookmount Circle -$4,671..62 $0.00 ®$4,671.62 893663* 2018 Leaks In irrigation system 0200539002 6 Oak Pork Circle -$2,322..23 $0.00 -$2,322.23 863108 2017 Leaks in irrigation system 0100178400 56 Robbins Road -$56.84 4117.87 -$174:71 887135* 2018 0200348100 20 Waltham Street -$1,294.56 -$3,090.24 -$4,384.80 $75114 2017 Account estimated several times 0200352300 242 Waltham Street .$290.29 -$1,661.16 -$1,951.45 860633* 2017 Irrigation on DpM meter, and toilet(leak 0300659600 39 Woad Street -$140.55 -$262.40 -$402.95 879951 2017 Total -$12,613.72 -$24,669.18 -$37,282.90 °Denotes that more than one bill is involved In the abatement It is the recommendation of the Water and Sewer Abatement Board that the Town Coll000r be outhorised to waive interest that has accrued on the bills included herein,unless stated here otherwise, from the due dato of the bill until 30 calendar days after the date of written notification to applicant of the Selectmen's action. THE SUM SET AGAINST THE ABOVE ACCOUNTS IS HEREBY ADJUSTED. WATER SEWER TOTAL ($12,613.72) ($24,669.18) ($37,282,90) DIRECTOR OF PUBLIC WORKS BOAkD Of SELECTMEN. 3/7/18 WSN9 7JN5AB OTIS}nitO Department of Public Works PN Town of Lexington Water and Sewer Enterprise Funds FISCAL YEAR 2018 r • DECEMBER 2017 WATER $1 ,710.54 $1,710.54 SEWER $1,118.18 $1,118.18 TOTAL: $2,828.72 $2,828.72 To the Collector of Revenue for the Town of Lexington: You are hereby authorized and required to levy and collect of the persons named in the list of water,/sewer charges herewith committed to you and each one of his/her respective portion herein set down of the sum total of such list. Said sum being: Two t o c eight a red tweet eight offiar a 4o And pay the some into the treasury of the Town of Lexington and to exercise the powers conferred by law in regard thereto. DI ECTOR 6F PUBLIC WORKS BOARD OF SELECTMEN 3/7/2418 Treasurer/Collector; Director Public Works, Water/Sewer Billing Department of Public Works arse"` Town of Lexington a f Water and Sewer Enterprise Funds FISCAL YEAR 2018 AM ar � N A • JANUARY 2018 WATER $3,783.22 $3,783.22 SEWER $5,011.40 $5,011.40 TOTAL: $8,794.62 $8,794.62 To the Collector of Revenue for the Town of Lexington, You are hereby authorized and required to Levy and collect of the persons named in the list of water/sewer charges herewith committed to you and each one of his/her respective portion herein set down of the sum total of such list. Said sum being: E t thousandseven hum red ni st ow ors and621100 And pay the same into the treasury of the Town of Lexington and to exercise the powers conferred by law in regard thereto.. (DIRECTOR F PUBLIC WORKS BOARD OF SELECTMEN 3/7/2018 Treasurer/Coll'ector, Director of Public Works, Water newer Filling AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve One-Day Liquor License PRESENTER: ITEM NUMBER: Suzanne Barry, Chair C.2 SUMMARY: The following One-Day Liquor License to serve beer and wine has been requested: . Kisoboka Uganda Inc, March 10, 2018 from 6:30 p.m.to 10:30 p.m. for the purpose of their fundraiser event being held at Depot Square, 13 Depot Square. SUGGESTED MOTION: Move to approve consent. FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 3/7/2018 ATTACHMENTS: Description Type D 11 Day IL.IL..Kir;r➢bokn U1;,n)(1a hw 1 ackup Matoria1 i�awu�r�rrirri r .; ha6R%weMI 1 T L � F IJ XI NG'I' r� MR it 2 2018 �p l AP'P'L,ICATION 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 con7pletely and return to the Selectmen's Office along with a check for$25.00 made payable to the Town of Lexington. BUSYNESS/FUNDRAISING ORGANIZATION: CONTACT NAME AND NUMBER: 1& ADDRESS FORMAILING: I�Y' ° 40YA / 02, ?.0 EMAIL ADDRESS: TITLE/PURPOSE OF EVENT: F-ut J, - L -- 1 LOCATION AND ADDRESS: - DATE OF FUNCTION: ,.(­C_V-) 12.0 19 TIMES OFF UNCTION: : � �/ = -6 TYPE OF LIQUOR TO BE SERVED: ` l-)P- _ - DATE AND TIME WHEN LIQUOR DELIVERED: ° p11 c DATE AND TIME WHEN LIQUOR MOVED: Z d10 " 510 ADDITIONAL INFORMATION: A thorized Signature Federal Identification No. or Social Security Number