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Home My WebLink About2020-10-21 SB Packet - Released SELECT BOARD MEETING Wednesday, October 21, 2020 Conducted by Remote Participation* 6:00 PM AGENDA ITEMS FOR INDIVIDUAL CONSIDERATION 1. Battle Green Use Request- Filming of Virtual Veterans Day Event 6:00p m 2. Approve and Sign Proclamation- Dyslexia Awareness Month 6:05pm 3. Special Town Meetings 2020-2 and 2020-3 6:10pm . Article Positions/Discussion ADJOURN 1. Anticipated Adjournment 6:30pm *as per Executive Order regarding remote participation:http s://www.mas s.go v/d o c/open-me eting- law-order-march-12-2020/download Members of the public can view the meeting webinar from their computer or tablet by clicking on the following link at the time of the meeting:https://zoom.us/j/94859187157pwd=bT QzbGZzbGVoWiRySk9IckZvaT R6dzO9 iP ho ne one-tap: +19294362866„94859187157# or+130171585921194859187157# Telephone:+1 301 715 8592 or+1 312 626 6799 Webinar ID: 948 5918 7157 Passcode: 849605 The next regularly scheduled Select Board meeting will be held by remote participation on Monday, October 26, 2020 at 7:00pm. Hearing Assistance Devices Available on Request All agenda time and the order of items are approximate and Leyfqedil"a subject to change. Recorded by LexMedia AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Battle Green Use Request - Filming of Virtual Veterans Day Event PRESENTER:TER• ITEM S NUMBER: Doug Luc ente, Select Board Chair I.1 SUMMARY: The Lexington Minute Men have requested permission for LexMedia to film a virtual Veterans Day event on the Battle Green on Wednesday, October 28, 2020, from 2:00 p.m. to 3:00p.m. LexMedia would be filming four to six Lexington Minute Men Members posting colors, ringing the US S Lexington bell, firing one volley, and raising the Battle Green flag. Police, DPW, and Fire have reviewed this request and have no objections. SUGGESTED MOTION: Motion to approve the request of the Lexington Minute Men for LexMedia to film a virtual Veterans Day event on the Battle Green as proposed on Wednesday, October 28, 2020 from 2:00 p.m. to 3:00 p.m. FOLLOW-UP: Select Board O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 10/21/2020 6:00pm ATTACHMENTS: Description Type E) flattle"(keen Request for LexMedia 11-y-lang 0171NIN11 During Virtual Veterans Backup Material 11,,y Event / � f j � v .` �OWN O � LE X i N GTON Sl w r ( /� T ROARD (WFICE 8 APP1.,tCA1*101 FOR ,! RATTLE (..J'qRll,..EN PERMIT I lie-So.ttct 15osard lssucl-►r-canits 10r the use offlic B:iftic Greed(see attached rett lations). Please 611 in t ' Com conipletcl% and retUrli to the Sclect Board�off ec no 4cs�t1ion tl,%-ij v,%xis Prier W ow rcclucs-tcd davl. 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Ind /1m iorize( 1011alure Yes r l e tI is atim r o. Kevin Collins 11 -OCT-2020 Print Name Date hr1 yie requesting ® ® raising AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve and Sign Proclamation- Dyslexia Awareness Month PRESENTER:TER• ITEM S NUMBER: Doug Luc ente, Select Board Chair I.2 SUMMARY: The Lexington Human Rights Committee is requesting that the Select Board approve and sign a p ro c lamatio n recognizing the month of October annually as Dyslexia Awareness Month. Dyslexia is a language-based learning disability that causes difficulties with reading, writing, spelling, and word pronunication. Lexington would like to raise awareness and provide special opportunity to educate the community on the disability. SUGGESTED MOTION: Move to approve and sign the proclamation. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 10/21/2020 6:05pm ATTACHMENTS: Description Type J tw jl AP Token of lextngton, A1a,5,5arbU,5ett,5 APR IL SELECT BOARD OFFICE PROCLAMATION Whereas: dyslexia is a language-based learning disability that causes difficulties with reading,writing, spelling,and word pronunciation;and Whereas: dyslexia is a language-based learning disability affecting approximately one in five people,regardless of race, gender,age, or socioeconomic status; and Whereas: the Commonwealth's most precious resource is its children,and dyslexia affects one in five in the United States,or 20%of our population; and Whereas: neurological in origin, dyslexia affects the way the brain processes information,and is characterized by difficulties with reading,writing and spelling despite normal intelligence; and Whereas: those with dyslexia benefit greatly from specialized assistance from highly trained teachers,multi-sensory learning programs and individualized instruction;and Whereas: early identification,alternative instruction and extra support from teachers, family and friends can contribute to the success dyslexic students enjoy in the classroom,in life and,later on,in employment;and Whereas: dyslexia is distinguished from other learning disabilities by its weakness at the phonological level, and that it is neurobiological in origin; and Whereas: the onset and severity of dyslexia varies in each individual; and Whereas: because it takes individuals with dyslexia longer to process phonemic information,the disability directly affects academic growth, achievement,and self-esteem; and Whereas: dyslexia is an unexpected disability in an individual who is of average to above average intelligence; and Whereas: it is important to provide effective teaching approaches and related clinical educational intervention strategies for individuals with dyslexia;and Whereas: Dyslexia Awareness Month is an opportunity to acknowledge educators specializing in effective teaching strategies, and to celebrate the many achievements of adolescents, students,and adults with dyslexia; and Whereas: in October of 2019,His Excellency; Charles D. Baker, Governor of the Commonwealth of Massachusetts,declared the month of October to be, annually recognized as Dyslexia Awareness Month. NOW, THEREFORE, WE, THE SELECT BOARD of the Town of Lexington, Massachusetts,do hereby proclaim the month of October to be, annually recognized as Dyslexia Awareness Month we call this observance to the attention of all our residents. IN WITNESS WHEREOF, we have set our hands and caused the seal of Lexington to be affixed herewith on the 21 st of October 2020. DOUGLAS M.LUCENTE,CHAIR JOSEPH N.PATO SUZANNE E.BARRY JILL I.HAI MARK D.SANDEEN AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Special Town Meetings 2020-2 and 2020-3 PRESENTER: ITEM NUMBER: Board Discussion 1.3 SUMMARY: SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 10/21/2020 6:10pm ATTACHMENTS: Description Type F) SIN11 2(),'0 2 Article 5 Revised ri'lotion Backup Mak.,,rial F) S'"I'M 2(.),?.,0 2 Revised At.1,I I wittiout Backup Material F) STV11 2020 2 Revised Art 1111(c)on ly Backup V11atetial F) 2020 SIM 2 3 Posifionis(7had, [`kackup Material Town of Lexington Motion Special Town Meeting 2020-2 ARTICLE 5 AMEND GENERAL BYLAWS-RUNNING BAMBOO CONTROL (Citizen Article) MOTION 1:That the Code of the Town of Lexington be amended by adding a new Chapter 131,Running Bamboo Control,as follows: § 13 1-1 Purpose and applicability. 1.The purpose and intent of this bylaw is to preserve and protect private and Town-owned property and Town-owned rights of way from the damaging spread of Running Bamboo and to protect indigenous biodiversity threatened by Running Bamboo. 2.Running Bamboo that encroaches beyond the Running Bamboo Owner's property or spreads rhizomes and new shoots pose a risk of substantial damage to the structures and land of abutting parcels.As Running Bamboo threatens to be destructive to the natural environment and to the enjoyment of public and private property including structures and paved surfaces in the Town of Lexington,the Town hereby declares it necessary to require the control of any existing Running Bamboo and to prohibit the planting,replanting,transplanting installation, r reinstallation of Running Bamboo on any property in the Town of Lexington subsequent to the effective date of this bylaw. �, % Deleted:plants § 131-2 Definitions. TOWN MANAGER The Town Manager or their designee. ENCROACHED or ENCROACHMENT The encroaching,spreading,invading,or intruding by Running Bamboo upon any property other than the property on which Running Bamboo was originally planted. RUNNING BAMBOO Any monopodial(running)tropical or semi-tropical bamboo grasses or bamboo species,and any other species of bamboo that is found to have encroached upon any property other than the property on which it was originally planted,including Town-owned property or a Town-owned right of way. RUNNING BAMBOO OWNER Any property owner,whether a person,firm,trust,corporation or other legal entity,at whose property Running Bamboo is located.Any property owner who provides satisfactory evidence to the Town Manager or their designee that the property owner did not plant the Running Bamboo on his or her property,and upon discovery of the Encroachment of Running Bamboo onto his or her property from an abutting property,informed the abutting property owner,by delivery of a 1 Town of Lexington Motion Special Town Meeting 2020-2 written notice by certified mail within a year of the Encroachment being discovered,of an objection to the Encroachment of the Running Bamboo,and provides a copy of such written notice to the Town Manager within 5 days of mailing to the abutting property owner,shall not be considered a Running Bamboo Owner with respect to the abutting property so noticed,but may be considered a Running Bamboo Owner with respect to any other abutting properties,and shall be required to comply with the provisions of section 131-4 of this Chapter with respect to any such other abutting properties. The Town Manager may,but is not required to,consider the following as additional evidence to determine whether a property owner is a Running Bamboo Owner: a.Photographic evidence that the Running Bamboo began on the Running Bamboo Owner's property and encroached onto the neighboring property; b.The absence of an adequate Running Bamboo barrier system on the Running Bamboo Owner's property;and c.Any other evidence provided to the Town Manager demonstrating that the Running Bamboo was not planted on the owner's property. § 131-3 Applicability. A.The provisions of this bylaw shall apply to any Running Bamboo Owner.The provisions of this bylaw shall not apply to any Running Bamboo that has already encroached from a Running Bamboo Owner's property onto any private or Town-owned property or right of way before (insert date the bylaw passes).Any new bamboo encroachments from a Running Bamboo Owner's property onto any private or Town-owned property or right of way on or after(insert date the bylaw passes)shall be subject to this bylaw. B.The Town Manager or their designee may,but is not required to,consider the following as additional evidence to determine if a bamboo encroachment on any private or Town owned property or right of way occurred before or after the passage of this bylaw: a.Photographic evidence that the Running Bamboo encroachment onto the neighboring property occurred after the passage of this bylaw; b.The absence of an adequate Running Bamboo barrier system on the Running Bamboo Owner's property;and c.Any other evidence provided to the Town Manager or their designee demonstrating that the Running Bamboo encroachment onto the neighboring property occurred after the passage of this bylaw. § 131-4 Requirements. A.All Running Bamboo Owners shall confine Running Bamboo in a manner that will prevent the Running Bamboo from any Encroachment onto any other property or right of way.The following shall constitute an adequate barrier system confining the Running Bamboo: 2 Town of Lexington Motion Special Town Meeting 2020-2 1.A seamless barrier composed of high density polypropylene,or polyethylene,or a metal barrier with sealed,overlapping and reinforced seams,or an impermeable joint free concrete barrier.The barrier must extend at least 36 inches below the ground surface,and the barrier must extend at least 2 inches above the ground surface for the entire length of the installation, and the installation must extend such that the possibility of flanking the barrier system is not possible; 2.The placement of the Running Bamboo in a fully enclosed above ground pot or planter;or 3.Any other adequate barrier system approved by the Town Manager or their designee. B. Running Bamboo Owners with Running Bamboo within four feet of the boundary line of the Running Bamboo Owner's property must install and maintain a barrier preventing the spread of the Running Bamboo beyond the Running Bamboo Owner's property. C.The Town Manager or their designee shall have the authority to promulgate regulations to accomplish any of the provisions of this bylaw. D.All planting,replanting,transplanting,installation,or reinstallation of Running Bamboo in the Town of Lexington subsequent to the effective date of this bylaw is prohibited. 131-5 Enforcement. Deleted:¶ A. The Town Manager or their designee shall have the authority to enforce the provisions of this bylaw. B. Any Running Bamboo Owner that is found to have violated the provisions of this bylaw may be subject to penalties pursuant to§ 131-6 of this Chapter. C.In the event Running Bamboo Encroaches onto Town-owned property or any Town-owned right of way,the Town Manager or their designee shall notify the Running Bamboo Owner in writing by certified mail,return receipt requested,of such Encroachment and/or other violation of this Chapter,which order shall: 1.Provide notice of the requirement to prevent Running Bamboo from Encroaching onto Town owned property or a Town owned right of way; 2. Specify the nature and location of the violation; 3.When applicable,order that the Running Bamboo Owner remove all portions of the Running Bamboo from the Town property or the Town owned right of way,and construct an adequate barrier system to prevent any further Encroachment;and 4. State that the failure to comply with the notice and order will lead to the Running Bamboo Owner being held liable to the Town for the cost of removal of the Encroachment,fines that may be imposed pursuant to§ 131-6,and the Town's cost to install a barrier pursuant to the provisions of this bylaw. 3 Town of Lexington Motion Special Town Meeting 2020-2 D. The Running Bamboo Owner must obtain and comply with all applicable federal,state,and local permits,licenses and other requirements necessary to remove the Running Bamboo from any Town property or the Town right of way. E.If the Running Bamboo Owner fails to remove the Running Bamboo as directed in the order sent pursuant to this Section,the Town may remove the Running Bamboo that has Encroached onto Town-owned property or onto a Town-owned right of way.The Town may also construct a barrier designed to contain the Running Bamboo and prevent further intrusion.The cost of the removal of the Running Bamboo and the installation of a barrier shall be charged to the Running Bamboo Owner.The Town shall not be liable to the Running Bamboo Owner for damages caused as a result of the Running Bamboo removal and the Running Bamboo Owner shall be liable for any and all damages to Town-owned property or rights of way or property owned by any third party,and expenses related thereto. F.If the Town causes Running Bamboo to be removed from Town-owned property or from a Town-owned right of way,or causes a barrier to be installed,a statement of cost thereof shall be mailed to the Running Bamboo Owner by certified mail,return receipt requested with a demand for immediate payment to the Town for all such costs. § 131-6 Penalty. Any Running Bamboo Owner that is in violation of this bylaw may be fined$100.00 per day for each day that the Running Bamboo remains unconfined on the Running Bamboo Owner's property,or is in violation of any other provisions of this chapter.Any such penalty or penalties may be enforced through non-criminal disposition as provided by G.L.c.40,§21 D. § 131-7 Severability The provisions of this Chapter are severable.If any section,provision or portion of this bylaw is determined to be invalid by a court of competent jurisdiction,the remaining provisions of this bylaw shall continue to be valid. and further,that the Code of the Town of Lexington be amended by adding the following in Chapter 1-6,Noncriminal Disposition in the appropriate numerical order: Chapter 131,Running Bamboo. Fine schedule:$100 per violation per day. (Revised 10/202020) Deleted:09/16/2020 4 Town of Lexington Motion Special Town Meeting 2020-2 ARTICLE 11 AMEND ZONING BYLAW-SITE PLAN REVIEW MOTION:That the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington,be amended as follows,(sti=uek t text is to be removed and underlined text is to be added),and further that non- substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Lexington: A. Delete§ 135-9.5.2 as follows: a. , b. . B. Replace§ 135-9.5.2 as follows: 9.5.2 Applicability. 1. This section applies to activities and uses for which site plan review is required elsewhere in this Zoning Bylaw. The Planning Board or its designee will conduct site plan review in accordance with this Section of the Zoning Bylaw and the Planning Board Zoning Regulations. The following shall be exempt from site plan review: a. Any new or expanded buildings resulting in an increase in total,gross floor area of less than 2000 square feet; b. Any new or expanded structures resulting in an increase in total site coverage of less than 1000 square feet; c. Any new or expanded parking areas resulting in eight or fewer additional parking spaces;and d. Any use of lands,buildings or structures for educational purposes by the Lexington Public Schools on land owned or leased by the Town of Lexington or Lexington Public Schools. D. Delete§ 135-9.5.6.6• Deleted:C. Amend§135-9.5.4.3 so that it reads:¶ 3. A public meeting shall be held for all projects • requiring major site plan review.The ffieefing will ptifpese.s.bly the I exington Pttblie Sehaels an land owned of leased by the TE)WH Of LeXifigtffi Of adi,eAised in the leeal newspaper-eiiee in eaeh ef t Notice will be sent to landowners within 300 feet of the affected lot at least (Revised 10/ 0/2020) two weeks before the meeting.¶ Deleted:09 Town of Lexington Motion Special Town Meeting 2020-2 ARTICLE II AMEND ZONING BYLAW-SITE PLAN REVIEW MOTION: That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington, be amended as follows, 0t=1ll_L%1&%.XX_%.XT+�,r�„a�, text is to be removed and underlined text is to be added), and further that non- substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Lexington: C. Amend § 13 5-9.5.4.3 so that it reads: 3. 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