HomeMy WebLinkAbout2021-03-15 SB Work Session Packet - Released SELECT BOARD MEETING
Monday, March 15, 2021
Conducted by Remote Participation*
7:45 PM
AGENDA
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Select Board Work Session- 2021 Annual Town Meeting Article 7:45pm
Discussion/Positions/Select Board Report
ADJOURN
1. Anticipated Adjournment 8:45pm
*as per Executive Order regarding remote participation:https://www.mass.gov/doc/open-meeting-
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/92170889463?pwd=bF RKS 2piS F B 6ckxVU 1 dkd 1 oycIBYZz09
Whone one-tap:
+13017158592„921708894639 or+13126266799„92170889463#
Telephone:+1 301 715 8592 or+1 312 626 6799
Webinar ID:921 7088 9463
Passcode: 925411
The next regularly scheduled meeting of the Select Board will be held by remote participation on
Monday, March 22, 2021 at 6:00pm.
Hearing Assistance Devices Available on Request Lege-la
All agenda time and the oiler of items are approximate and
subject to change. Recorded by LeNedia
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Select Board Work Session- 2021 Annual Town Meeting Article Discussion/Positions/Select
Board Report
PRESENTER: ITEM
NUMBER:
Board Discussion
I.1
SUMMARY:
Board discussion- 2021 Annual Town Meeting Articles/ Select Board Positions/working draft of the Select
Board Report
SUGGESTED MOTION:
Move to accept the consent agenda articles 37, 40, 42, 43 as requested by the planning board.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
3/15/2021 7:45pm
ATTACHMENTS:
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2021 Annual Town Meeting
Consent Agenda Articles
Board of Selectmen
Article 6: Senior Services Program
Article 10a: Community Center Mansion Sidewalk and Patio
Article 1 Ob: Park and Playground Improvements
Article 1 Oc: Park Improvements- Athletic fields
Article 1 Od: Playground Enhancements-Pour-n-Place Surfaces
Article 10e: CPA Debt Services
Article 11: Recreation Capital
Article 12a: Transportation Mitigation
Article 12b: Self-Contained Breathing Apparatus Replacement
Article 12c: Townwide Culvert Replacement
Article 12d: Equipment Replacement
Article 12e: Sidewalk Improvements
Article 12f Storm Drainage Improvement/NPDES Compliance
Article 12g: Comprehensive Watershed Stormwater Management
Article 12h: Street Improvements
Article 12i: Hydrant Replacement Program
Article 12m Cary Library Network upgrade
Article 13: Water System Improvements
Article 14: Wastewater Improvements
Article 15: Appropriate for School Capital Projects and Equipment
Article 16a: Public Facilities Bid Documents
3/11/2021
Article 16b: Facility and Site improvements-Building Flooring program and School Paving
Program
Article 16c: Public Facilities Mechanical/Electrical System Replacements
Article 16d: Municipal Building Envelopes and Associated Systems
Article 16e Townwide Roofing Program
Article 16£ School Building Envelopes and Associated Systems
Article 16i HVAC Improvements (IP)
Article 18: Rescind Prior Borrowing Authorizations
Article 20: Unpaid bills (IP)
Article 22: Appropriate for Authorized Capital Improvements (IP)
Article 23 Appropriate from Debt Service Stabilization Fund
Article 25: Amend Borrowing Authorization Conservation Land Acquisition
Article 28: Reducing noise Landscaping equipment
Article 27: Increase in Recreation Committee Membership
Add if IP'd
24-Feasibility study
Potential after SB votes
37: Amend General Bylaws- Stormwater Management(Chapter 114)
38: Amend General Bylaws- Trees(Chapter 120) (IP)
40: Amend Zoning Bylaw-Retaining Walls (IP)
42: Amend Zoning Bylaw-Floodplain Management
43: Amend Zoning Bylaw- Technical Corrections (IP)
3/11/2021
Town of Lexington
Motion
2021 Annual Town Meeting
ARTICLE 36 AUTHORIZE SPECIAL LEGISLATION-DEVELOPMENT SURCHARGE FOR
AFFORDABLE HOUSING(CITIZEN PETITION)
MOTION:
That the Select Board be authorized to petition the Massachusetts General Court to enact legislation in
substantially the form below to establish a surcharge on specific commercial development activities for
the purpose of funding the creation of community housing that offsets the impact of said development
activities in substantially the form below,and farther that the Select Board be authorized to approve
amendments to said act before its enactment by the General Court that are within the scope of the general
objectives of this motion.
Be it enacted by the Senate and House of Representative in General Court assembled,and by the authority
of the same,as follows:
SECTION 1:In order to mitigate the impact of the increased demand for housing generated by employees
of new commercial development wanting to live within Lexington,a commercial lird age fee,hereafter
referred to as"the community housing surcharge"or"the surcharge,"shall be added by the Town of
Lexington to all commercial construction building permits issued by said town for non-municipal
structures with a gross floor area more than thirty thousand(30,000)square feet. The surcharge shall
apply only to the floor area of new construction or modification to existing structures in excess of thirty
thousand(30,000)square feet("excess gross floor area"). For building permits that authorize
modification of existing structures,the building commissioner of the Town of Lexington shall determine
the applicable excess gross floor area. If the building permit authorizes both commercial and residential
uses,the square footage of the structure dedicated to residential use shall not be included in the calculation
of excess gross floor area for purposes of this Act.
SECTION 2:The Select Board of the Town of Lexington shall determine the amount of the community
housing surcharge,which shall be applied on a dollars-per-square-foot basison the certified total excess
gross floor area of the structure or structures permitted by an applicable building permit.The Select Board
shall prepare a study to determine the initial surcharue rate range and shall set an jnitial surcharge rate Deleted:set the
within welve(k2)months of the effective date of this act. The Select Board o uu dk u_v u shall adjust - Deleted:three
the rate of the surcharge rmuu�itnllV�i,for inflation Deleted:a
g _______ ______
SECTION 3:The Town Manager of the Town of Lexington or their designee shall prepare a study,every Deleted:,and
five(5)years to determine the suitability,effect,and amount of the surcharge,and recommend to the Deleted: annually
Select Board any possible changes necessary to address changing demand for community housing.The
Town Manager or their designee shall also prepare and issue an annual report that identifies surcharge
receipts,quantifies the attributes of community housing projects funded by the community housing
surcharge,and evaluates the impact of said housing projects.
SECTION 4:The Select Board of the Town of Lexington may adopt additional requirements,exemptions,
and regulations to implement or enforce said community housing surcharge,consistent with this act.
SECTION 5.The community housing surcharge required by this act must be paid in three(3)equal
installments whose amounts shall be determined at the time of levy,with one payment required per
annum. The building cormmissioner of the Town of Lexington shall not issue a certificate of occupancy
1
Town of Lexington
Motion
2021 Annual Town Meeting
for real property subject to this act before the first installment of the community housing surcharge has
been paid. The second and thud installments must be paid annually on the anniversary of the first
payment,or the next business day if that date falls on a weekend or federal,state,or local holiday. The
building commissioner of the Town of Lexington shall levy fines for development that is not in
compliance with the provisions of this act,and shall consider each day of noncompliance as a separate
offense.
SECTION 6:All surcharges and fines received pursuant to this act shall be deposited into the Town of
Lexington Affordable Housing Capital Stabilization Fund or an affordable housing trust established by the
Town pursuant to section 55C of chapter 44 of the General Laws or any special act.
SECTION 7:For the purposes of this act,"community housing"shall mean as defined under section 2 of
chapter 44B of the General Laws.
SECTION 8:This act shall take effect upon its passage.
(Revised 03/15/2021)
2
Message from the Select Board March 2021
The Select Board has prepared this written report to Annual Town Meeting 2021 under Article 2.
This report contains an update to Town Meeting on the status of several topics the Board felt
would be of interest to Town Meeting Members. These topics include: A COVID-19 update, an
overview of Fiscal issues raised this past year, how the Board is moving forward with Social
Racial Equity Initiatives, the current status of the Center Streetscape Project, an update on
Municipal and School Building Projects, an update on Article 42-Special Permit Residential
Development zoning that was referred back to the Board at Annual Town Meeting 2018, status
of recent actions at Town Meeting regarding Home Rule Petitions and the progress on the
Semiquincentennial Celebration of the Battle of Lexington coming in 2025.
Should you have any questions or comments regarding this report, the Board encourages you to
get in touch with any member of the Board via email (below) or by calling the Select Board Office
(781-698-4580) to schedule a phone meeting. Due to the restrictions surrounding COIVD-19 all
five members of the Board have suspended there in person regularly scheduled office hours in
the Select Board Office at Town Office Building.
• Doug Lucente, Chair: 1 cente@lexirn.gtonmm .
• Jill Hai,Vice-Chair: i:hai@Iexfington a. ov
• Joe Pato:jpato@lexingtonm.
• Suzie Barry: sbarr @lexin tonir�na4gov
• Mark Sandeen: . .san.deen@l.exin pton.ma.gov
Respectfully submitted,
Lexington Select Board
Douglas M. Lucente, Chair
Jill I. Hai, Vice-Chair
Joseph N. Pato
Suzanne E. Barry
Mark D. Sandeen
Year of Unprecedented Challenges
Between a global pandemic, economic crisis, and emphatic calls to address systemic racism, this
past year was a year of unprecedented challenges for the Town of Lexington and the Select Board.
In March 2020, business as usual changed quickly. The Board's focus quickly shifted to
responding to the pandemic. The State of Emergency in the Commonwealth due to the outbreak
of COVID-19 forced changes to all municipal business practices. The Select Board, in conjunction
with the Town Moderator,pushed back the date for the March 2020 Annual Town Meeting while
alternatives were contemplated on how to proceed. All public meetings were transitioned to a
virtual format accessible by the public using the application Zoom so the Town could continue to
operate our municipality while adhering to social distancing guidelines. In an effort to help
struggling residents, the Board voted to extend second quarter property tax due dates. Since
March of 2020,all in person Town events have been canceled and many events moved to an online
virtual platform. In June of 2020 we were able to successfully hold the first virtual Annual Town
Meeting in the Commonwealth due to the efforts of the Town Moderator Deborah Brown,Town
Counsel Mina Makarious,Select Board Chair Doug Lucente,Select Board Member Joe Pato,Town
Manager Jim Malloy, Deputy Town Manager Kelly Axtell, Management Fellow Kat Labrecque,
Lexington's State Representative Michelle Ciccolo, Town Clerk Nadie Rice and many members
of the municipal staff. Following on that success we held a virtual Special Town Meeting in
October/November 2020 as well enabling Town government to continue functioning on a close
to pre-pandemic timeline. This past year has been quite different in terms of look and feel and
the challenges have been great and we are grateful to the entire municipal staff for continuing to
adjust to deliver quality and creative services across the board to our residents. We would be
remiss if we didn't make special mention of the tireless work of the front line staff involved in
COVID-19 related efforts and also acknowledge the over 1000 residents that have been diagnosed
with COVID-19 including the XX residents that have died from it; may their memory being a
blessing to those they left behind and may we as a community continue to work together to
address the challenges of the pandemic.
Social Racial Equity Initiatives
Diversifying the municipal staff remains a High Priority Goal for the Select Board. In fiscal year
2021 we have taken the following steps toward furthering that goal:
• Engaged Carmen Ortiz and Town Counsel services to review our police department
policies and practices for bias or discriminatory impacts. The review included broad
interviews with community stakeholders. Recommendations on opportunities and
challenges is expected this month. Further work will include additional departments and
policies.
• Engaged All Aces, Inc. to serve as our Diversity, Inclusion, and Equity Transformation
(DIET) partner. All Aces, Inc. is working with the Town to conduct a comprehensive
assessment,strategic workshops for community members,professional staff training and
create an action plan for long term change.
• Add a position of Chief Equity Officer beginning with the FY22 budget
• Created a centralized resource page on the town website for our equity related work and
links. tt sa...../.... x gtonma.govlj jj.- m/p s towarcd-ea�uitab:�e-a.nd-
just_comun�unnt
• Joined both the Government Alliance on Race and Equity (GARE) and the National
League of Cities (NLC) in order to take advantage of their collective Racial Equity
resources.
• Applied for the Metropolitan Area Planning Council (MAPC) Racial Equity Municipal
Action Plan (REMAP) Program grant.
• Added a standing Racial and Social Equity update item to every regular meeting agenda.
• Held a panel discussion on policing, moderated by a Diversity, Equity and Inclusion
consultant from Equity and Expectations in September. The virtual event was attended
by over 200 residents and was broadcast live on LexMedia. There were over 80 questions
received and answered on the topic. The questions and answers are published on the
Town website.
The Police Department has also prepared a series of videos on the current police services offered
to residents. The series of videos are also published on the Town website.
The Town remains committed to doing everything we can to make Lexington a more just and
equitable community for all.
Article 42 ATM 2018-Special Permit Residential Development (SPRD)
Referral to the Select Board
ATM 2018 referred Article 42, a citizen's article to revise the Special Permit Residential
Development(SPRD) Bylaw,back to the Select Board for further evaluation and work.The Board
allocated funds in its FY19 budget to cover the costs of a facilitator for the SPRD committee and
a consultant to draft any bylaw or regulation revisions. These funds were originally granted
through the TIF agreement with Shire,which provided contributions over 10 years,to be used at
the Board's direction.
The committee is charged with gathering stakeholder input,reviewing housing data and drafting
a statement of values, to inform the drafting of a zoning bylaw amendment and warrant article
to either revise or replace the current Special Permit Residential Development Zoning Bylaw. The
full charge approved by the Select Board, as well as meeting minutes and presentations are
available at: https://www.lexingtonma.gov/special-permit-residential-development-zoning-
bylaw-amendment-committee-ad-hoc
The appointed members of the Ad-Hoc SPRD Committee are:
• Jill Hai
• Charles Hornig
• Scott Cooper
• Matt Daggett
• Heather Hartshorn
• Joyce Murphy
• Richard Perry
• Taylor Singh
• Betsey Weiss
The committee meetings were filmed by LexMedia and available for viewing OnDemand. The
committee presented the statement of values in a report to Fall Special Town Meeting in
November 2019. The Town then engaged a consultant to work with the committee to develop a
bylaw amendment. The committee was to begin meeting with the consultant at the end of March
2020, to outline the next phase of the work. Although that timeline was obviously delayed, the
Committee is currently reviewing alternative zoning proposals and these presentations, as well
as various draft amendments are available on the committee's webpage. It is expected that
outreach to the planning board and community will begin shortly,with a goal of bringing Articles
to the Fall 2021 Special Town Meeting.
The Committee's proposed revisions will seek to create the necessary incentives to increase
production of the housing stock Lexington desires,based on the value statement created in phase
one of its work. The statement reflects an increased focus on sustainability and accessibility and
reiterates the desire for increased diversity of housing stock.
The statement reads as follows:
Lexington seeks to encourage greater diversity of housing opportunities to meet the needs of a diverse
population with respect to income, ability, accessibility needs, number of persons in a household and stage
of life. Lexington seeks to fulfill this goal while preserving its cultural and historical values and promoting
growth that is sustainable and sensitive to the natural environment.
Lexington is mindful of supporting development that preserves historically or architecturally significant
buildings and landscape. The Town recognizes that not all of these values can be applied to all sites but is
committed to evaluating each site as an opportunity to contribute to serving and promoting these values
Town wide.
Budgetary Concerns and Stresses
Lexington has continued to see healthy real-estate tax collections. As in previous economic
turndowns collection rates were minimally affected and, in the past, they bounced back quickly.
Property tax collections would most likely be compromised in a protracted commercial downturn
where vacancy rates in commercial districts increase significantly and corresponding abatements
are granted. At this point we have not seen such changes nor have we seen a reduction in new
growth. This may be a factor a year or two from now should commercial or residential growth
shrink. A significant commercial downturn would hit us harder than some communities with
small to non-existent commercial sectors (e.g., Lexington (11.73% of value/ 20.5% of revenue),
Lincoln (3.56% of value / 3.56% of revenue) and not as hard as communities with larger
commercial sectors(e.g.,Woburn(27.6% of value/48.3% of revenue),Cambridge(43.3% of value
/ 60.8% of revenue)).
Unlike some other communities the percentage of state aid for the budget(e.g.,Lawrence(70.2%),
Springfield (59.9%), etc.) for Lexington (6.47%) is small. We rely primarily on local revenues
rather than state aid. Of local receipts the vast majority are property taxes. We have, however,
seen a decline in other local receipts (e.g., hotel/motel and meal taxes,jet fuel fees (Hanscom)).
These local receipts fell by$234K or 1.4% in FY20 before much impact from the pandemic but are
projected to fall about$4.7M or another 28% in FY21.For FY22 we are projecting a return to grown
of about 6% or $720K but will still leave us about$4.2M below the FY19 revenue. While this has
some impact,this is still a small percentage of the Towr's available revenues for FY22.
This loss of local receipts for next year is somewhat offset by the fact the town cut spending on
projects at the end of FY20 leaving unspent funds that flowed to our Free Cash account. This can
be and is planned to be used to offset some of the shortfalls this coming year and should the
pandemic ease and tourism related spending return in a few years leave us close to where we
would have expected to be.
Our projected state aid for next year (FY22) is essentially flat - which is better than we were
expecting during early budgetary planning when we were anticipating cuts.
The less rosy side of the ledger is that it is more expensive for us to operate in pandemic mode.
School expense projections are based on a substantial return to in-school programs, but it is
unclear that we will be able to fully return next year. Should we need to continue fully remote
learning or hybrid education our costs for next year are likely to increase and will absorb any
wiggle room in the budget.
Update on recent Home Rule Petitions
There were three home rule petition requests approved at the 2020 Annual Town Meeting or
Special Town Meetings. Two of these requests have been approved by the legislature and signed
by the Governor:
ATM 2020: Article 7: Petition General Court to Amend Legislation Regarding Tax Deferrals
• An Act Relative to Real Property Tax Deferrals in The Town of Lexington
Approved,January 13, 2 02 1. Chapter 351 of the Acts of 2020
ATM 2020: Article 26: Amend Historic Districts Commission Enabling Legislation
• An Act Relative to The Historic Districts Commission in The Town of Lexington
Approved,January 8, 2021. Chapter 301 of the Acts of 2020
The third petition was submitted too late for consideration before the end of the legislative session
in 2020.This item has been submitted for consideration in the legislative session and has received
a docket number for processing:
STM 2020-2: Article 6 Authorize Special Legislation Development Surcharge for Community
Housing (Citizen Petition)
• HD 1715 - An Act authorizing a development surcharge for community housing in
the town of Lexington
Filed, February 10, 2021.
2025: The 2501h Anniversary of the Battle of Lexington
In anticipation of the 250th Anniversary of the Battle of Lexington in year 2025, the Select Board
established the Semiquincentennial Commission (Lex250) in January 2020 as the official Town
entity dedicated to helping the Town of Lexington plan events. Recruitment for membership on
the Commission was delayed in calendar year 2020 due to the disruptions of COVID-19 and is
currently underway with the anticipation of naming the members in the Spring of 2021. A
member of the Lexington Select Board has also joined with representatives from the Towns of
Concord, Lincoln, Bedford, Arlington and representatives from Minuteman National Historical
Park and Hanscom Field to begin information sharing regarding events that may be planned in
the Battle Road Communities in 2025. There will be ample opportunities for interested residents
and groups to volunteer as part of Lex250 events, be sure to watch the Town Website, Town E-
Newsletter"Link to Lexington' and local papers for updates.
Center Streetscape Update
The Center Streetscape project design is complete, the Invitation for Bid (IFB) has been released,
and vendor selection is expected to be completed in March 2021. It is anticipated that project
construction will commence sometime after Patriots Day and that the project will take
approximately two construction seasons to complete. The Town has hired Environmental
Partners to provide full time oversight throughout the duration of the project. The Town has
planned for proactive outreach and communication throughout the project to keep residents and
direct abutters informed of the construction status. This communication plan includes but is not
limited to; mailings, emails, constant contact, and weekly website updates. The Battle Green
Streetscape project will be brought to 100% design over the next two years with construction
targeted to begin once the Center Streetscape Project is complete. The goal is to have all of the
Streetscape completed by fall 2024 in anticipation of the 2025 Town Celebration.
Municipal & School Buildings
The Select Board and School Committee adopted the Integrated Design and Construction Policy
in October 2019, for the design and construction of all town and school buildings. The policy
prioritizes the health of building occupants by setting high performance standards for indoor air
quality and all-electric,high efficiency,resilient designs that maximize the amount of renewable
energy generated onsite,while lowering total life cycle cost.
Lexington Fire Department Headquarters
Construction Start Date: November 2018
Project Completion Date: October 2020
Project Budget:$19,943,700
Funding:STM 1 2017-Article 2/STM 4 2017-Article 4/ATM 2018-Article 13
The Fire Department Headquarters building construction has been completed and the
department moved in to their new facility in mid-October of 2020.
Visitors Center:
Start Date: May 2019
Project Completion Date:July 2020
Project Budget:$5,100,000
Funding:ATM 2017-Article 18/STM 2017 3-Article 8/ATM 2018-Article 22
The new Visitors Center construction began in June of 2019 and opened to the public in July 2020.
Westview Cemetery Administration Building:
Start Date: Design Development is complete, Construction documents have started
Estimated Project Completion Date: Spring 2022
Project Budget: $3,290,000 for construction
Funding:ATM 2017-Article 12o (design)/ATM 2020-Article 16k
Construction funding for the new Westview Cemetery Administration Building was
approved at ATM 2020 under Article 16k. The Westview project is currently in the
construction document phase and the design team expects construction to begin in April
2021. The project is expected to be completed by early 2022.
Lexington Police Station
Start Date: Schematic Design is complete. Construction Design paused.
Estimated Project Completion Date: TBD
Project Budget: Currently $1,862,622 has been appropriated thru Construction Documents
Funding:ATM 2018-Article 14
The Select Board reaffirmed their decision that the new Lexington Police Station be located at
1575 Massachusetts Avenue in March of 2020. All members of the Select Board believe that the
police station building needs to be replaced. However, in October 2020 and March 2021, a
majority of the Select Board supported pausing further funding and additional design work on
the police station project until a point in time that the community could complete the planned
comprehensive conversations about the future of policing. The Select Board remains committed
to seeking ways to fully engage the larger Lexington community in these comprehensive
conversations and expects those conversations to continue over the course of the next several
months.
The Select Board wants to ensure that transparent information is provided to the community
about the current type and level of police services that the Town provides,the expected type and
level of police services in the future,the staffing for those services, and the training requirements
for our public safety staff.Further,the Select Board is committed to allowing ample opportunities
for residents to ask questions about policing and for the Town to provide comprehensive
responses.
Based on these decisions, the police station project will not be coming to Town Meeting for
funding at ATM 2021.
Hosmer House:
Appropriation: $50,000
Funding:STM12018-Article 5/ ATM 2020-Article 10m(2) Not approved
Article 5 of the 2018 Special Town Meeting appropriated$50,000 for a study regarding relocation
or renovation of the Hammond A. Hosmer house, located at 1557 Massachusetts Ave. A
committee was formed with representatives of the Select Board,Permanent Building Committee,
Historical Commission, Historic Districts Commission, Public Facilities Department and the
Architectural firm LDa. After reviewing the recommendations of that committee, the Board felt
strongly that the Hosmer House should be returned to its intended use as a home and were in
support of moving the Hosmer House to enable construction of the Police Station project.
Article 10m(2) of the 2020 Annual Town Meeting asked for an appropriation of $25,000 for
LexHAB to complete a feasibility study to reuse the house as affordable housing at Vine Street.
That motion was not approved by Town Meeting.
The Town Manager then issued a request for proposals (RFP) for the house to be moved and/or
acquired, and received one qualifying bid. After extensive review and evaluation, a majority of
the Select Board determined that the bid did not meet the objectives of the RFP. The Select Board
has authorized the Town Manager to issue another RFP, this time including a list of specific
properties where the facility could be moved and encouraging potential public/private
partnerships.
Pine Meadows Club House -
This project has been delayed to a future year within the current 5 year capital plan. This delay
was to better align with overall Town Capital plan and funding in those years.
Old Reservoir Bath House Renovation-
Appropriation: $620,000
Funding: ATM 2019-Article 10g
All bids received by the Town exceeded the appropriation approved by Town Meeting. The
Department of Public Facilities and Recreation staff are evaluating next steps as the pandemic
has drastically impacted projects costs.
Maria Hastings Elementary School:
Construction Start Date:May 2018
Project Completion Date: October 2020 (Student relocation to new school-February 2020)
Project Budget:$65,279,418
Funding: STM 1 2016-Article 3/ATM 2017-Article 17/STM-3 2017-Article 2
During the February 2020 school vacation week staff and student belongings were successfully
moved to the new school building as it is prepared for its first day of school on February 24,2020.
The new school is an all-electric design and includes a geo-thermal heating system. Solar energy
systems intended to produce 100% of the buildings annual electricity usage are under
construction and expected to be complete by June.
Lexington Children's Place:
Construction Start Date: May 2018
New Building Complete: October 2019 (Building Occupancy 8/15/19)
Project Budget: $15,079,342
Funding:STM 1 2017-Article 4/STM 2 2017-Article 3/ATM 2018-Article 12
Construction started on the new building in September of 2018 and was ready for students on the
first day of school in late August of 2019. The new school is an all-electric design. Solar energy
systems intended to produce more than double the buildings annual electricity usage are under
construction and expected to be complete by June.
Lexington High School
Funding:ATM 2021-Article 24 Appropriate for LHS Feasibility Study ($1,825,000)
The Superintendent,with support of the School Committee and Board of Selectmen, submitted a
Statement of Interest to the Massachusetts School Building Authority (MSBA) on March 17,2019,
requesting state support for a high school building project.
The response from the MSBA in December of 2019 was that while Lexington's case for a new high
school was compelling, they unfortunately did not invite Lexington to participate. Recognizing
the needs and challenges Lexington is facing,the MSBA strongly encouraged the Town to reapply
in 2020. The Superintendent resubmitted the Statement of Interest. MSBA has notified the Town
that the funding decisions that were expected for 2020,have been delayed until spring of 2021.
If Lexington were to be invited into the school building pipeline, a one-year feasibility period
would begin,during which time issues of scope,siting,and cost would be explored in partnership
with the MSBA. If Lexington is not invited into the pipeline, we will likely reapply in 2021 and
every year thereafter until our application is accepted. In the meantime, the School Department
is completing a School Master Plan which will include a phased plan to accommodate students
at Lexington High School (LHS) until a new or renovated building is available.
If the MSBA notifies the Town that the Statement of Interest has been accepted before ATM 2021
concludes,Town Meeting will consider approval of 2021 ATM Warrant Article 24 to appropriate
for a Lexington High School Feasibility Study. If MSBA does not accept the Statement of Interest
before ATM 2021, the Select Board recommends that Warrant Article 24 be indefinitely
postponed.
TOWN OF LEXINGTON
WARRANT
..........
r
z
2021 ANNUAL TOWN ELECTION
March 1, 2021
2021 ANNUAL TOWN MEETING
March 22, 2021
Detailed information on Town Meeting Warrant Articles can he found
at
http:/lexinQtonma.gov/2021 atm
Saturday, March 6,2021, 10am-12pm,Moderator's Workshop for New Town Meeting Members(via Zoom)
Tuesday,March 9,2021, 7pm-9pm,Moderator's Planning Meeting with Article Sponsors, Boards &Committees(via Zoom)
WARRANT
2021 ANNUAL TOWN MEETING
Detailed information on these Town Meeting Warrant Articles can be found at
https:/Iexingtonma.gov/202latm
TABLE OF CONTENTS
SELECT BOARD MESSAGE _, _, _, 3
CONSTABLES LETTER.,. . . ... . . .. ... . ..... ................ . . ..... . . . . . . ... ................ . .,.... 4
ARTICLE 1 NOTICE OF ELECTION ........ . ......... . .. . .............................. . ......... . . . 5
ARTICLE 2 ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN BOARDS,
OFFICERS AND COMMITTEES............................................................................................... 6
ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES .................................... 6
FINANCIAL ARTICLES , . ... . .... 6
ARTICLE 4 APPROPRIATE FY2022 OPERATING BUDGET ,,,, 6
ARTICLE 5 APPROPRIATE FY2022 ENTERPRISE FUNDS BUDGETS 6
ARTICLE 6 APPROPRIATE FOR SENIOR SERVICES PROGRAM..... . , . . . . . . ..... ....... . ........_,., 7
ARTICLE 7 APPROPRIATE FOR MUNICIPAL ORGANIZATIONAL ASSESSMENT............................ 7
ARTICLE 8 APPROPRIATE FOR 20/20 VISION SURVEY....................... ........... .. . . .............................. 8
ARTICLE 9 ESTABLISH AND CONTINUE DEPARTMENTAL REVOLVING FUNDS.......................... 8
ARTICLE 10 APPROPRIATE THE FY2022 COMMUNITY PRESERVATION COMMITTEE
OPERATING BUDGET AND CPA PROJECTS . ..... . 9
ARTICLE l 1 APPROPRIATE FOR RECREATION CAPITAL PROJECTS 9
ARTICLE 12 APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND EQUIPMENT................... 9
ARTICLE 13 APPROPRIATE FOR WATER SYSTEM IMPROVEMENTS.................................................. 10
ARTICLE 14 APPROPRIATE FOR WASTEWATER SYSTEM IMPROVEMENTS.................................... 11
ARTICLE 15 APPROPRIATE FOR SCHOOL CAPITAL PROJECTS AND EQUIPMENT.......................... 11
ARTICLE 16 APPROPRIATE FOR PUBLIC FACILITIES CAPITAL PROJECTS.... . ................................ 11
ARTICLE 17 APPROPRIATE TO POST EMPLOYMENT INSURANCE LIABILITY FUND 12
ARTICLE 18 RESCIND PRIOR BORROWING AUTHORIZATIONS . . . 12
ARTICLE 19 ESTABLISH,AMEND, DISSOLVE AND APPROPRIATE TO AND FROM SPECIFIED
STABILIZATION FUNDS. . 12
ARTICLE 20 APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS. . . . 13
ARTICLE 21 AMEND FY2021 OPERATING, ENTERPRISE AND CPA BUDGETS 13
ARTICLE 22 APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS. . . . ...................... ...... 13
ARTICLE 23 APPROPRIATE FROM DEBT SERVICE STABILIZATION FUND..... . . . ..... ..................... 13
ARTICLE 24 APPROPRIATE FOR LEXINGTON HIGH SCHOOL FEASIBILITY STUDY 14
ARTICLE 25 AMEND BORROWING AUTHORIZATION CONSERVATION LAND ACQUISITION . . 14
GENERAL ARTICLES . . _, 14
PETITION GENERAL COURT TO AMEND LEGISLATION REGARDING
ARTICLE 26 PERMANENT TRANSPORTATION FUNDING...................................................................... 14
ARTICLE 27 INCREASE IN RECREATION COMMITTEE MEMBERSHIP.. . ..... . . . ............................. 15
ARTICLE 28 REDUCING NOISE FROM LANDSCAPING EQUIPMENT... . ....... . . . .............................. 15
CLEAN HEAT-AUTHORIZE SPECIAL LEGISLATION TO REGULATE FOSSIL FUEL
ARTICLE 29 INFRASTRUCTURE AND
ADOPT BYLAW AMENDMENT ENABLING LEGISLATION 15
ARTICLE 30 FULL INCLUSION RESOLUTION 16
STREET ACCEPTANCE: PENNY LANE,WINDING ROAD AND LUONGO FARM
ARTICLE 31 LANE.. . .......................... . . ..... . . .. ..... 16
ARTICLE 32 AMEND GENERAL BYLAWS-RECEIVE APPRAISED VALUE FOR REMOVED TREES 16
ARTICLE 33 AMEND GENERAL BYLAWS-TREE BYLAW: DATA COLLECTION AND
EDUCATION................................. 16
ARTICLE 34 AMEND GENERAL BYLAWS-TREE BYLAW FEES AND MITIGATION PAYMENTS,.,. 17
ARTICLE 35 AMEND SCENIC ROADS BYLAW(CITIZEN PETITION)... ................ ............................... 17
AUTHORIZE SPECIAL LEGISLATION-DEVELOPMENT SURCHARGE FOR
ARTICLE 36 AFFORDABLE HOUSING (CITIZEN PETITION) 17
ARTICLE 37 AMEND GENERAL BYLAW S-STORMWATER MANAGEMENT(CHAPTER 114) 18
ARTICLE 38 AMEND GENERAL BYLAWS-TREES (CHAPTER 120) 18
ZONING ARTICLES. . ........ .,. 18
ARTICLE 39 AMEND ZONING BYLAW-HISTORIC PRESERVATION INCENTIVES 18
ARTICLE 40 AMEND ZONING BYLAW-RETAINING WALLS...........
ARTICLE 41 AMEND ZONING BYLAW-STRUCTURES IN SETBACKS.................. . ............................. 19
ARTICLE 42 AMEND ZONING BYLAW-FLOODPLAIN MANAGEMENT................ . . 19
ARTICLE 43 AMEND ZONING BYLAW- TECHNICAL CORRECTIONS 19
ARTICLE 44 AMEND ZONING BYLAW-USE AND GENERAL REGULATIONS 19
AMEND ZONING BYLAW&ZONING MAP -HARTWELL
ARTICLE 45 INNOVATION PARK........ ............. . .... ... 19
TOWN FINANCE TERMINOLOGY (inside back cover)
OQ��aS M®Rp�NC�
Town of Lexington, Massachusetts
PRIL 191, Select Board
�X!NG''T-"
DOUGLAS M.LUCENTE,CHAIR
JOSEPH N.PATO
SUZANNE E.BARRY
JILL I.RAI TEL: (781)698-4580
MARK D.SANDEEN FAX: (781)863-9468
January 25, 2021
To the Residents of Lexington:
This warrant document provides notification of the 2021 Annual Town Meeting and advises residents of the various
issues being considered at the meetings. Only Articles listed in this warrant may be discussed. The purpose of the
Warrant is to inform citizens of the issues to be discussed and does not provide for detailed information about the
Articles.
Articles for the Annual Town Meeting are grouped in three categories: Financial, General and Zoning. Descriptions
are provided in an attempt to make the Warrant useful and understandable.
The most important votes that take place at the Annual Town Meeting are related to the budget. We urge citizens to
read the budget, understand it, and help us find a way to foster excellence within the community. The Town
website, http://lexingtonma.gov/202latm, includes the most recent version of the FY2022 Budget and other
financial Articles as well as other relevant information for each Article.
Between now and Town Meeting there will be multiple meetings to develop a comprehensive recommended budget
for fiscal year 2022. That budget will be delivered to all Town Meeting Members prior to the consideration of any
financial articles by Town Meeting.
SELECT BOARD
Douglas M. Lucente, Chair
Joseph N.Pato
Suzanne E. Barry
Jill I. Hai
Mark D. Sandeen
3
��u5 1vtOpglM,C�
TOWN OF LEXINGTON WARRANT
2021 ANNUAL TOWN MEETING
APRIL 19"
SEX I N GT Off"
Commonwealth of Massachusetts Middlesex, ss.
To either of the Constables of the Town of Lexington, in said County, Greetings:
In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of the
Town of Lexington qualified to vote in elections to meet in their respective voting places in said Town.
PRECINCT ONE, School Administration Building; PRECINCT TWO, Bowman School; PRECINCT
THREE, Lexington Community Center; PRECINCT FOUR, Cary Memorial Building; PRECINCT FIVE,
School Administration Building; PRECINCT SIX, Cary Memorial Building; PRECINCT SEVEN, Keilty
Hall, St. Brigid's Church, PRECINCT EIGHT, Samuel Hadley Public Services Building; PRECINCT
NINE, Keilty Hall, St. Brigid's Church, on
Monday, the first day of March 2021
from 7:00am to 8:00pm, then and there to act on Article 1 of the following Warrant;
In addition, you are also directed to notify the inhabitants of the Town of Lexington qualified to vote in
elections and in Town affairs to meet by means of the audio/video conferencing platform described more
particularly below on Monday, the twenty-second day of March 2021 at 7:30pm, at which time and
place the remaining articles in this Warrant are to be acted upon and determined exclusively by the Town
Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and subject to the
referendum provided for by Section eight of said Chapter, as amended.
Pursuant to Chapter 92 of the Acts of 2020, the Town Meeting shall be held remotely by the means
requested by the Moderator as follows:
Town Meeting members will attend and vote by logging into: (1) the Zoom videoconferencing platform,
(2) the online VVoter module provided by our electronic voting vendor, Option Technologies OR a
comparable online voting tool developed by Select Board member Joe Pato, and (3) an online queuing
function developed by Select Board member Joe Pato to facilitate the process of debate. Other Town
residents who wish to follow the proceedings may do so via LexMedia at https://www.youtube.com/user/
LexMediaMATV. Residents who wish to participate in the Meeting may contact the Town Clerk's Office
at clerkna,lexingtonma.gov and complete the online form at https:Hlexingtonma.gov/202Iatm.
For more information, please see the Moderator's January 11, 2021 letter to the Select Board attached to
this warrant as Appendix A.
4
ARTICLE 1 NOTICE OF ELECTION
One Select Board Member for a term of three years;
One Moderator for a term of one year;
Two School Committee members for a term of three years.
Two Planning Board members for a term of three years;
One Lexington Housing Authority member for a term of five years.
Seven Town Meeting Members in Precinct One, the seven receiving the highest number of votes to serve
for terms of three years;
Seven Town Meeting Members in Precinct Two, the seven receiving the highest number of votes to serve
for terms of three years;
Nine Town Meeting Members in Precinct Three, the seven receiving the highest number of votes to serve
for terms of three years; the one receiving the next highest number of votes to fill an unexpired term for a
seat ending in 2023; the one receiving the next highest number of votes to fill an unexpired term for a seat
ending in 2022;
Seven Town Meeting Members in Precinct Four, the seven receiving the highest number of votes to serve
for terms of three years;
Seven Town Meeting Members in Precinct Five, the seven receiving the highest number of votes to serve
for terms of three years;
Eight Town Meeting Members in Precinct Six, the seven receiving the highest number of votes to serve
for terms of three years; the one receiving the next highest number of votes to fill an unexpired terms for a
seat ending in March 2023;
Eight Town Meeting Members in Precinct Seven, the seven receiving the highest number of votes to serve
for terms of three years; the one receiving the next highest number of votes to fill an unexpired term
ending in March 2023;
Seven Town Meeting Members in Precinct Eight, the seven receiving the highest number of votes to serve
for terms of three years;
Seven Town Meeting Members in Precinct Nine, the seven receiving the highest number of votes to serve
for terms of three years.
You are also to notify the inhabitants aforesaid to meet remotely pursuant to Chapter 92 of the Acts of
2020 as set forth on the first page of this Warrant
on Monday,the twenty-second day of March 2021 at 7:30 p.m.,
5
at which time and place the following articles are to be acted upon and determined exclusively by the Town
Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and subject to the referendum
provided for by Section eight of said Chapter, as amended.
ARTICLE 2 ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN
BOARDS,OFFICERS AND COMMITTEES
To see if the Town will vote to approve the Deputy Moderator nominated by the Moderator; receive the reports of
any Board or Town Officer or of any Committee of the Town; or act in any other manner in relation thereto.
(Inserted by the Select Board)
DESCRIPTION: This article remains open throughout Town Meeting and reports may be presented at any Town
Meeting session by boards, officers, or committees. In addition, the Town will consider the approval of the
nomination of a Deputy Moderator as authorized under Section 118-11 of the Code of the Town of Lexington.
ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES
To see if the Town will authorize the appointment of the committee on lectures under the wills of Eliza Cary
Farnham and Susanna E. Cary; or act in any other manner in relation thereto.
(Inserted by the Select Board)
DESCRIPTION: This is an annual article that provides for the appointment of citizens to the Cary Lecture Series by
the Moderator.
FINANCIAL ARTICLES
ARTICLE 4 APPROPRIATE FY2022 OPERATING BUDGET
To see if the Town will vote to make appropriations for expenditures by departments, officers, boards and
committees of the Town for the ensuing fiscal year and determine whether the money shall be provided by the tax
levy, by transfer from available funds, by transfer from enterprise funds, or by any combination of these methods; or
act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: See the most recent version of the FY2022 budget proposals posted at http://
lexin t onma o„ get.
DESCRIPTION: This article requests funds for the FY2022 (July 1, 2021 - June 30, 2022) operating budget. The
operating budget includes the school and municipal budgets. The operating budget includes requests for funds to
provide prospective salary increases for employees, including salaries to be negotiated through collective bargaining
negotiations. The budget also includes certain shared expenses.
ARTICLE 5 APPROPRIATE FY2022 ENTERPRISE FUNDS BUDGETS
To see if the Town will vote to appropriate a sum of money to fund the operations of the DPW Water and
Wastewater Divisions and the Department of Recreation and Community Programs; determine whether the money
shall be provided by the estimated income to be derived in FY2022 from the operations of the related enterprise, by
the tax levy, by transfer from available funds, including the retained earnings of the relevant enterprise fund, or by
any combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Select Board)
6
FUNDS REQUESTED:
Enterprise Fund FY2020 FY2021 FY2022
Appropriated Appropriated Requested
a) Water
Personal Services $660,929 $804,234 $903,535
Expenses $420,436 $502,925 $514,300
Debt Service $1,192,000 $1,278,770 $1,318,329
MWRA Assessment $7,413,364 $8,006,399 $8,807,039
Total Water Enterprise Fund S9,686,729 $10,592,328 $11,543,203
b) Wastewater
Personal Services $226,162 $366,568 $401,775
Expenses $284,781 $444,150 $454,650
Debt Service $1,200,863 $1,388,579 $1,569,588
MWRA Assessment $7,837,139 $7,922,359 $8,714,595
Total Water Enterprise Fund S9,548,945 $10,121,656 $11,140,608
c) Recreation and Community Programs
Personal Services $1,246,075 $962,170 $1,342,201
Expenses $1,048,149 $1,041,951 $1,247,735
Total Recreation and Community Programs $2,294,224 $2,004,121 $2,589,936
Enterprise Fund
DESCRIPTION: Under Massachusetts General Laws Chapter 44, Section 53F%Z, towns may establish Enterprise
Funds for a utility, health care, recreation or transportation operation, with the operation to receive related revenue
and receipts and pay expenses of such operation. This article provides for the appropriation to and expenditure from
three enterprise funds previously established by the Town. The Recreation and Community Programs Fund
includes the operations and programs for the Community Center.
ARTICLE 6 APPROPRIATE FOR SENIOR SERVICES PROGRAM
To see if the Town will vote to appropriate a sum of money for the purpose of conducting a Senior Services
Program, to be spent under the direction of the Town Manager; to authorize the Select Board to establish and amend
rules and regulations for the conduct of the program, and determine whether the money shall be provided by the tax
levy, by transfer from available funds or by any combination of these methods; or act in any other manner in
relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: $15,000
DESCRIPTION: In FY2007, the Town established a Senior Services Program that provides more flexibility than the
State program in assisting low-income seniors and disabled residents in reducing their property tax bills. This article
requests funds to continue the program.
ARTICLE 7 APPROPRIATE FOR MUNICIPAL ORGANIZATIONAL
ASSESSMENT
To see if the Town will vote to appropriate a sum of money for the purpose of conducting an assessment of the
Town's organizational structure and adherence to industry best practices and determine whether the money shall be
provided by the tax levy, by transfer from available funds, or by any combination of these methods; or act in any
other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: $100,000
7
DESCRIPTION: This article will allow the Town Manager to hire a contractor to conduct a Town-wide
organizational assessment and provide recommendations for efficiencies.
ARTICLE 8 APPROPRIATE FOR 20/20 VISION SURVEY
To see if the Town will vote to appropriate a sum of money for the purpose of conducting a Town-wide 20/20
vision survey and related expenses and determine whether the money shall be provided by the tax levy, by transfer
from available funds, or by any combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: $50,000
DESCRIPTION: This article will allow the 2020 Vision committee to conduct a survey is be part of a longitudinal
study to assess community perspectives and progress toward meeting stated preferences of community members and
to inform planning and decision-making by the three elected boards.
ARTICLE 9 ESTABLISH AND CONTINUE DEPARTMENTAL REVOLVING FUNDS
To see if the Town will vote, pursuant to the Massachusetts General Laws Chapter 44, Section 53E'/z and Chapter
110 of the Code of the Town of Lexington, to continue existing revolving funds; to amend said Chapter 110 to
establish new revolving funds; to determine whether the maximum amounts that may be expended from such new
and existing revolving fund accounts in FY2022 shall be the following amounts or any other amounts; or act in any
other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED:
Program or Purpose for Revolving Funds FY2022
Authorization
School Bus Transportation $1,150,000
Building Rental Revolving Fund $570,000
Regional Cache- Hartwell Avenue $50,000
Lexington Tree Fund $70,000
DPW Burial Containers $50,000
DPW Compost Operations $790,000
Minuteman Household Hazardous Waste Program $260,000
Senior Services Program $75,000
Residential Engineering Review $57,600
Health Programs $45,000
Lab Animal Permits $40,000
Tourism/Liberty Ride $194,000
Visitors Center $247,000
DESCRIPTION: The amount that may be spent from a revolving fund established under Massachusetts General
Laws Chapter 44, Section 53E1/Z must be approved annually by Town Meeting. The Funds are credited with the
receipts received in connection with the programs supported by such funds, and expenditures may be made from the
revolving fund without further appropriation.
8
ARTICLE 10 APPROPRIATE THE FY2022 COMMUNITY PRESERVATION COMMITTEE
OPERATING BUDGET AND CPA PROJECTS
To see if the Town will vote to hear and act on the report of the Community Preservation Committee on the FY2022
Community Preservation budget and,pursuant to the recommendations of the Community Preservation Committee,
to appropriate from the Community Preservation Fund, or to reserve amounts in the Community Preservation Fund
for future appropriations; for the debt service on previously authorized financing; for the administrative expenses of
the Community Preservation Committee for FY2022; for the acquisition, creation and preservation of open space;
for the acquisition, preservation, rehabilitation and restoration of historic resources; for the acquisition, creation,
preservation, rehabilitation and restoration of land for recreational use; for the acquisition, creation, preservation
and support of community housing; and for the rehabilitation or restoration of open space and community housing
that is acquired or created with moneys from the Community Preservation Fund; to appropriate funds for such
projects and determine whether the money shall be provided by the tax levy, or from estimated Community
Preservation Act surcharges and the state match for the upcoming fiscal year, by transfer from available funds,
including enterprise funds, by borrowing, or by any combination of these methods; or act in any other manner in
relation thereto.
(Inserted by the Select Board at the request of the Conrnunity Preservation Committee)
FUNDS REQUESTED:
a) Park and Playground Improvements- South Rindge Avenue - $170,000
b) Park Improvements-Athletic Fields- Muzzey Field- $155,000
c) Community Center Mansion Sidewalk&Patio - $110,000
d) Playground Enhancements - Pour-in-Place Surfaces - $150,000
e) CPA Debt Service - $TBD
f) Administrative Budget- $150,000
DESCRIPTION: This article requests that Community Preservation funds and other funds, as necessary,
be appropriated for the projects recommended by the Community Preservation Committee and for
administrative costs.
ARTICLE 11 APPROPRIATE FOR RECREATION CAPITAL PROJECTS
To see if the Town will vote to appropriate a sum of money for recreation-related capital projects and equipment;
and determine whether the money shall be provided by the tax levy, by transfer from available funds, including the
Recreation and Community Programs Enterprise Fund, by borrowing, or by any combination of these methods; or
act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Recreation Committee)
FUNDS REQUESTED: $87,000
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the
FY2022 budget. The most recent version of the capital section can be found at http://www.lexin tog nma.gov/
fy22 capital.
ARTICLE 12 APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND EQUIPMENT
To see if the Town will vote to appropriate a sum of money for the following capital projects and equipment:
a) Transportation Mitigation;
b) Self-Contained Breathing Apparatus Replacement;
9
c) Townwide Culvert Replacement;
d) Equipment Replacement;
e) Sidewalk Improvements;
f) Storm Drainage Improvements and NPDES compliance;
g) Comprehensive Watershed Stormwater Management;
h) Street Improvements;
i) Hydrant Replacement Program;
j) Public Parking Lot Improvement Program;
k) New Sidewalk Installations;
1) Staging for Special Events;
m) Cary Library Network Upgrade;
n) Electric Vehicle Charging Stations;
o) Parking System;
and authorize the Select Board to take by eminent domain,purchase or otherwise acquire any fee, easement or other
interests in land necessary therefor; determine whether the money shall be provided by the tax levy,by transfer from
available funds, including enterprise funds, by borrowing, or by any combination of these methods; determine if the
Town will authorize the Select Board to apply for, accept, expend and borrow in anticipation of state aid for such
capital improvements; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the
FY2022 budget. The most recent version of the capital section can be found at http://www.lexin tog nma.gov/
fy22 capital.
ARTICLE 13 APPROPRIATE FOR WATER SYSTEM IMPROVEMENTS
To see if the Town will vote to make water distribution system improvements, including the installation of new
water mains and replacement or cleaning and lining of existing water mains and standpipes, the replacement or
rehabilitation of water towers, engineering studies and the purchase and installation of equipment in connection
therewith, in such accepted or unaccepted streets or other land as the Select Board may determine, subject to the
assessment of betterments or otherwise; and to take by eminent domain, purchase or otherwise acquire any fee,
easement or other interest in land necessary therefor; appropriate money for such improvements and land
acquisition and determine whether the money shall be provided by the tax levy, water enterprise fund, by transfer
from available funds, including any special water funds, or by borrowing, or by any combination of these methods;
to determine whether the Town will authorize the Select Board to apply for, accept, expend and borrow in
anticipation of federal and state aid for such projects; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: $1,410,000
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the
FY2022 budget. The most recent version of the capital section can be found at htip://www.lexin tg onma.gov/
fy22capital.
10
ARTICLE 14 APPROPRIATE FOR WASTEWATER SYSTEM IMPROVEMENTS
To see if the Town will vote to install and line sanitary sewer mains and sewerage systems and replacements and
upgrades to pump stations thereof, including engineering studies and the purchase of equipment in connection
therewith; in such accepted or unaccepted streets or other land as the Select Board may determine, subject to the
assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition
thereto and in amendment thereof, or otherwise; and to take by eminent domain,purchase or otherwise acquire any
fee, easement or other interest in land necessary therefor; appropriate money for such installation and land
acquisition and determine whether the money shall be provided by the tax levy, the wastewater enterprise fund, by
transfer from available funds, including any special wastewater funds, by borrowing, or by any combination of these
methods; to determine whether the Town will authorize the Select Board to apply for, accept, expend and borrow in
anticipation of federal and state aid for such wastewater projects; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: $1,520,000
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the
FY2022 budget. The most recent version of the capital section can be found at htW://www.lexin tg onma.goy/
fv22capital.
ARTICLE 15 APPROPRIATE FOR SCHOOL CAPITAL PROJECTS AND EQUIPMENT
To see if the Town will vote to appropriate a sum of money to maintain and upgrade the schools' technology
systems and equipment; determine whether the money shall be provided by the tax levy, by transfer from available
funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the School Committee)
FUNDS REQUESTED: $1,186,236
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the
FY2022 budget. The most recent version of the capital section can be found at http://www.lexin tog nma.gov/
fv22capital.
ARTICLE 16 APPROPRIATE FOR PUBLIC FACILITIES CAPITAL PROJECTS
To see if the Town will vote to appropriate a sum of money for capital improvements and renovations, including
new construction to public facilities for:
a) Public Facilities Bid Documents;
b) Facility and Site Improvements:
• Building Flooring Program;
• School Paving& Sidewalks Program;
c) Public Facilities Mechanical/Electrical System Replacements;
d) Municipal Building Envelopes and Associated Systems;
e) Townwide Roofing Program;
f) School Building Envelopes and Associated Systems;
g) Center Recreation Complex Bathrooms &Maintenance Building Renovation;
h) Space Needs for School Year 2021-22;
i) HVAC Improvements;
11
and determine whether the money shall be provided by the tax levy, by transfer from available funds, including
enterprise funds,by borrowing, or by any combination of these methods; to determine if the Town will authorize the
Select Board to apply for, accept, expend and borrow in anticipation of state aid for such capital improvements; or
act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: $4,480,385
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the
FY2022 budget. The most recent version of the capital section can be found at htip://www.lexin tog nma.gov/
fy22capital.
ARTICLE 17 APPROPRIATE TO POST EMPLOYMENT INSURANCE
LIABILITY FUND
To see if the Town will vote to appropriate a sum of money to the Town of Lexington Post Retirement Insurance
Liability Fund, as established by Chapter 317 of the Acts of 2002; determine whether the money shall be provided
by the tax levy, by transfer from available funds, including enterprise funds, or by any combination of these
methods; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: $1,885,486
DESCRIPTION: This article will allow the Town to continue to fund its liability for post-employment benefits for
Town of Lexington retirees. Beginning with the FY2007 audit, the Town has been required to disclose this liability.
Special legislation establishing a trust fund for this purpose was enacted in 2002.
ARTICLE 18 RESCIND PRIOR BORROWING AUTHORIZATIONS
To see if the Town will vote to rescind the unused borrowing authority voted under previous Town Meeting articles;
or act in any other manner in relation thereto.
(Inserted by the Select Board)
DESCRIPTION: State law requires that Town Meeting vote to rescind authorized and unissued debt that is no
longer required for its intended purpose.
ARTICLE 19 ESTABLISH,AMEND,DISSOLVE AND APPROPRIATE TO AND FROM
SPECIFIED STABILIZATION FUNDS
To see if the Town will vote to create, amend, dissolve, rename and/or appropriate sums of money to and from
Stabilization Funds in accordance with Massachusetts General Laws, Section 5B of Chapter 40 for the purposes of:
(a) Section 135 Zoning By-Law; (b) Traffic Mitigation; (c) Transportation Demand Management/Public
Transportation; (d) Special Education; (e) Center Improvement District; (f) Debt Service; (g)Transportation
Management Overlay District; (h) Capital; (i) Payment in Lieu of Parking; 0) Visitor Center Capital Stabilization
Fund; (k) Affordable Housing Capital Stabilization Fund; (1) Water System Capital Stabilization Fund; and (m)
Ambulance Stabilization Fund; determine whether such sums shall be provided by the tax levy, by transfer from
available funds, from fees, charges or gifts or by any combination of these methods; or act in any other manner in
relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This article proposes to establish, dissolve, and fund Stabilization Funds for specific purposes and
to appropriate funds therefrom. Money in those funds may be invested and the interest may then become a part of
12
the particular fund. These funds may later be appropriated for a specific designated purpose by a two-thirds vote of
an Annual or Special Town Meeting,for any other lawful purpose.
ARTICLE 20 APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS
To see if the Town will vote to raise and appropriate money to pay any unpaid bills rendered to the Town for prior
years; to determine whether the money shall be provided by the tax levy,by transfer from available funds, or by any
combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to request funds to pay bills after the close of the fiscal year in which the
goods were received or the services performed and for which no money was encumbered.
ARTICLE 21 AMEND FY2021 OPERATING,ENTERPRISE AND CPA BUDGETS
To see if the Town will vote to make supplementary appropriations, to be used in conjunction with money
appropriated under Articles 4, 5 9, and 10 of the warrant for the 2020 Annual Town Meeting, and Article 5 of the
warrant for Special Town Meeting 2020-3 to be used during the current fiscal year, or make any other adjustments
to the current fiscal year budgets and appropriations that may be necessary; to determine whether the money shall be
provided by transfer from available funds including the Community Preservation Fund; or act in any other manner
in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to permit adjustments to current fiscal year(FY2021) appropriations.
ARTICLE 22 APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS
To see if the Town will vote to make supplementary appropriations to be used in conjunction with money
appropriated in prior years for the installation or construction of water mains, sewers and sewerage systems, drains,
streets, buildings, recreational facilities or other capital improvements and equipment that have heretofore been
authorized; determine whether the money shall be provided by the tax levy, by transfer from the balances in other
articles, by transfer from available funds, including enterprise funds and the Community Preservation Fund, by
borrowing, or by any combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to request funds to supplement existing appropriations for certain capital
projects in light of revised cost estimates that exceed such appropriations.
ARTICLE 23 APPROPRIATE FROM DEBT SERVICE STABILIZATION FUND
To see if the Town will vote to appropriate a sum of money from the Debt Service Stabilization Fund to offset the
FY2022 debt service of the bond dated February 1, 2003, issued for additions and renovations to the Lexington
High School, Clarke Middle School, and Diamond Middle School, as refunded with bonds dated December 8,2011;
or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: $124,057
13
DESCRIPTION: This article would allow the Town to pay a portion of the debt service on the 2003 School Bonds
from the Debt Service Stabilization Fund set up for that specific purpose.
ARTICLE 24 APPROPRIATE FOR LEXINGTON HIGH SCHOOL FEASIBILITY
STUDY
To see if the Town will vote to appropriate a sum of money to be expended under the direction of the Permanent
Building Committee, for the costs of a feasibility study relating to the Lexington High School located at 251
Waltham St, Lexington, MA 02421, for which feasibility study the Town may be eligible for a grant from the
Massachusetts School Building Authority ("MSBA"). The MSBA's grant program is a non-entitlement,
discretionary program based on need, as determined by the MSBA, and any costs the Town incurs in connection
with the feasibility study in excess of any grant approved by and received from the MSBA shall be the sole
responsibility of the Town, and to determine whether the money shall be provided by the tax levy, by transfer from
available funds, by borrowing, or by any combination of these methods; or act in any other manner in relation
thereto.or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the School Committee)
FUNDS REQUESTED: $1,825,000
DESCRIPTION: In spring of 2021, the Massachusetts School Building Authority is expected to vote on
Lexington's application to accept the Lexington High School into the MSBA reimbursement program. if the Town's
application is approved at that time, this article would fund the first phase of the process, conducting a feasibility
study.
ARTICLE 25 AMEND BORROWING AUTHORIZATION CONSERVATION
LAND ACQUISITION
To see if the Town will vote to amend the source of funding and borrowing authorization for the acquisition of the
Highland Ave Conservation land approved under Article 7 of Special Town Meeting 2020-3; or to act in any other
manner in relation thereto.
(Inserted by the Select Board at the request of the Community Preservation Committee)
FUNDS REQUESTED: None
DESCRIPTION: The purpose of this article is to eliminate the borrowing component authorized for purchasing
this property in favor of cash given the small amount of CPA-funded projects that have come forward for the FY22
budget and availability of funds. To accomplish this, the town will vote to appropriate an additional $1,000,000
from the Undesignated Fund Balance of the Community Preservation Fund and rescind the $1,000,000 of CPA
borrowing. This will not have an impact on the timing of the closing or on the sellers. This is an internal accounting
change and is expected to save approximately$20K in interest expenses.
GENERAL ARTICLES
ARTICLE 26 PETITION GENERAL COURT TO AMEND LEGISLATION
REGARDING PERMANENT TRANSPORTATION FUNDING
To see if the Town will vote to petition the General Court to allow the Town to create a transportation funding
mechanism known as a"Transit Improvement District"; or to act in any other manner in relation thereto.
(Inserted by the Select Board)
DESCRIPTION: The purpose of this Article is to seek special legislation allowing the Town to establish a Transit
Improvement District to provide a dependable funding source for the REV Shuttle and future transit routes the
14
Town may want to establish within a public/private funding framework. The Special Legislation will likely be
modeled after legislation proposed by the Town's State Representative in the 2019 legislative Session,H.B. 2983.
ARTICLE 27 INCREASE IN RECREATION COMMITTEE MEMBERSHIP
To see if the Town will vote to increase the membership of the Recreation Committee to seven members; or act in
any other manner in relation thereto.
(Inserted by the Select Board at the request of the Recreation Committee)
DESCRIPTION: This article would increase the membership of the Recreation Committee from 5 to 7 members
due to the increased responsibilities of the Committee, including the creation of liaison positions on other boards
and committees, active capital projects and implementation of a community needs assessment.
ARTICLE 28 REDUCING NOISE FROM LANDSCAPING EQUIPMENT
To see if the Town will vote to amend Chapter 80 of the Code of the Town of Lexington, Noise Control,to regulate
noise generated by the use of motorized landscaping equipment; or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Noise Advisory Committee)
DESCRIPTION: This article proposes revisions to the Noise Bylaw to better protect residents from noise pollution
caused by motorized landscaping equipment.
ARTICLE 29 CLEAN HEAT-AUTHORIZE SPECIAL LEGISLATION
TO REGULATE FOSSIL FUEL INFRASTRUCTURE AND
ADOPT BYLAW AMENDMENT ENABLING LEGISLATION
To see if the Town will
1. vote to authorize the Select Board to petition the Massachusetts General Court for special legislation to:
a. Allow the Town of Lexington to regulate fossil fuel infrastructure in new buildings and major
renovations for the purposes of improving health and safety, reducing greenhouse gas emissions, and
encouraging renewable energy production and use, notwithstanding the State Building Code, the Gas
Code, M.G.L. c. 164 or any other law of the Commonwealth regulating natural gas as a residential
utility;
b. Allow the Town to adopt and further amend general or zoning bylaws that regulate fossil fuel
infrastructure; and
c. Allow the Town to administer such bylaws, including through the withholding of building permits by
the Building Commissioner; and
2. vote to add a new Chapter to the Town's Code of Bylaws prohibiting or otherwise regulating or restricting
the installation of fossil fuel infrastructure in new construction projects or major renovation and
rehabilitation projects in Lexington, and to set forth the terms and scope of such regulations or restrictions,
including exemptions or waivers to same, provided that said Chapter will take effect only if permitted
pursuant to General or Special Legislation enacted by the Massachusetts General Court; or take any action
related thereto.
(Inserted by the Select Board at the request of the Sustainable Lexington Committee)
15
DESCRIPTION: This article would authorize the Town 1) to file a home-rule petition with the Massachusetts
General Court for Special Legislation that would enable the Town to enact local bylaws that would regulate fossil
fuel infrastructure in buildings and 2) to enact such a bylaw that would restrict fossil fuel infrastructure in new
construction and major renovations. The bylaw would limit the installation of new fossil fuel(natural gas,propane,
fuel oil) infrastructure so as to require new or significantly renovated buildings to use clean energy sources
(electricity)with exemptions for certain appliances and building types and with a waiver process.
ARTICLE 30 FULL INCLUSION RESOLUTION
To see if the Town will vote to adopt a non-binding resolution to consider the rights and needs of those with
disabilities in all town decision and planning processes, in order to strive for full inclusivity and equity, while
encouraging collective and coordinated action to address issues of exclusion and ableism; or act in any other manner
in relation thereto.
(Inserted by the Select Board at the request of the Commission on Disability)
DESCRIPTION: To further the goal of full inclusion for the Town of Lexington.
ARTICLE 31 STREET ACCEPTANCE: PENNY LANE,WINDING ROAD
AND LUONGO FARM LANE
To see if the Town will vote to accept as a Town way Penny Lane, Winding Road, and Luongo Farm Lane, all as
shown on two plans dated December 15, 2020, both of which are on file with the Town Clerk and to take by
eminent domain, donation or otherwise acquire any fee, easement, or other interest in land necessary therefore; or
act in any other manner in relation thereto.
(Inserted by the Select Board)
DESCRIPTION: This article will accept the identified streets as public ways, and will authorize the Town to take
title to Penny Lane, Winding Road and Luongo Farm Lane.
ARTICLE 32 AMEND GENERAL BYLAWS-RECEIVE APPRAISED
VALUE FOR REMOVED TREES
To see if the town will vote to amend Chapter 120 of the Code of the Town of Lexington, Trees, to require that
when an applicant applies for permission from the Town to remove a Town-owned tree or Public Shade Tree, the
applicant be required to provide an appraisal of the tree's value and, if permission to remove the tree is granted,pay
an amount up to the appraised value of the tree to the Lexington Tree Fund; or act in any other manner in relation
thereto.
(Inserted by the Select Board at the request of the Tree Committee)
DESCRIPTION: This article will ensure that the Town receives a fair value for a removed Town tree.
ARTICLE 33 AMEND GENERAL BYLAWS-TREE BYLAW: DATA
COLLECTION AND EDUCATION
To see if the town will vote to amend Chapter 120 of the Code of the Town of Lexington, Trees, to:
a. require the owner of a property at which major construction or demolition is planned to submit itemized
detailed information
• initially with submission of the building permit, for all trees 6 inches DBH or larger
on the property; and
• at the completion of work at the property, for all remaining trees 6 inches DBH or
larger on the property and for trees planted as mitigation
16
b. require prior notification to the Town before removal of any tree 6 inches DBH or larger on private
property at which neither major construction nor demolition is planned;
or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of of the Tree Committee)
DESCRIPTION: This article provides for the collection of additional information on sites where the tree bylaw
applies and also for sites on which it does not. This additional information will be used to better understand the
effectiveness of the bylaw and inform decisions about future changes to the bylaw. Additionally,the requirement for
notification on sites where the bylaw does not currently apply, and provides an opportunity for education of the
applicant on the benefits of trees and on options other than removal. For these sites where the bylaw does not
currently apply, the Tree Committee is recommending that there be no fee associated with this notification, no
requirement for an onsite inspection, and no penalty for failing to provide notice.
ARTICLE 34 AMEND GENERAL BYLAWS-TREE BYLAW FEES
AND MITIGATION PAYMENTS
To see if the town will vote to amend Chapter 120 of the Code of the Town of Lexington, Trees, to increase the fees
and mitigation payments for removal of trees protected under the Bylaw, and to adjust these items to reflect
inflation; or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Tree Committee)
DESCRIPTION: This article will increase the fees and mitigation payments under the Tree Bylaw to better reflect
the cost associated with administering the Bylaw and the cost of planting trees with mitigation funds, and will make
it more attractive for applicants to replant versus making payments to the Lexington Tree Fund, and will better
protect large trees.
ARTICLE 35 AMEND SCENIC ROADS BYLAW(CITIZEN PETITION)
Establish a permanent Scenic Roads committee which will meet periodically to review and approve matters relating
to preserving scenic roads and historic landscapes located throughout the town. Specifically, the Scenic Roads
committee would be charged with the review and approval of roads,paths and landscapes within the jurisdiction of
the committee, which would include all lands,public and private, which merit recognition and preservation for their
scenic or historic value. The committee will include a Town Fence viewer or designee, a member of the Tree
Committee or designee, one individual who meets the Secretary of Interior's Qualifications as an Historian or
Archaeologist (36 CFR 61), and two other individuals from the community-at-large who have a demonstrated
interest in historic landscapes. Included among Massachusetts legislation for which the committee will be charged
with enforcing will include MGL Part IV, Title 1,Chapter 266, Section 105— Stone walls or fences and MGL Part
IV, Title 266, Chapter 266, Section 94—Boundary Monuments and miscellaneous markers.
(Inserted by Jeff Howry and 9 or more registered voters)
DESCRIPTION: The purpose of the Scenic Roads committee will be to assure that the remaining features of
Lexington's historic landscape are protected and maintained. To accomplish this, the Scenic Roads Committee will
endeavor to expand the town's existing cultural resources survey to include features of the historic landscape
including stone walls, boundary markers, roads and paths bounded by trees and landscaping, historic archaeological
features including those involving water features, as well as historic landscape features associated with human
occupation within the town. Making additions to the already designated Scenic Roads in Lexington would be part of
the committee's charge.
ARTICLE 36 AUTHORIZE SPECIAL LEGISLATION-DEVELOPMENT
SURCHARGE FOR AFFORDABLE HOUSING(CITIZEN PETITION)
To see if the Town will vote to establish a surcharge on specific commercial development activities for the purpose
of funding affordable and community housing construction, renovation, associated land acquisition or easements;
17
and further to authorize the Select Board to petition the Massachusetts General Court to enact legislation to enable
this surcharge in the Town of Lexington, and further to authorize the Select Board to approve amendments to said
act before its enactment by the General Court that are within the scope of the general objectives of the petition; or
act in any other manner in relation thereto.
(Inserted by Matt Daggett and 9 or more registered voters)
DESCRIPTION: The purpose of this article is to address the impacts of new commercial development projects on
the demand for community housing by creating a targeted and measured surcharge on specific commercial
development activities.
ARTICLE 37 AMEND GENERAL BYLAWS-STORMWATER
MANAGEMENT (CHAPTER 114)
To see if the Town will vote to amend Chapter 114 of the Code of the Town of Lexington (Stormwater
Management) to allow for additional regulation of stormwater management installations and associated mitigation
requirements; or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would amend the Stormwater Management Bylaw to allow the additional
regulation of stormwater management to allow the additional regulation of stormwater management.
ARTICLE 38 AMEND GENERAL BYLAWS-TREES (CHAPTER 120)
To see if the Town will vote to amend Chapter 120 of the Code of the Town of Lexington (Trees) to include
additional regulations regarding tree preservation and planting; or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would amend the Tree Bylaw relative to the Hartwell Innovation Park (C-HIP)
landscaping and development requirements, if necessary.
ZONING ARTICLES
ARTICLE 39 AMEND ZONING BYLAW-HISTORIC PRESERVATION INCENTIVES
To see if the Town will vote to amend the Zoning Bylaw to allow additional flexibility in permitting for historic
preservation; or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would allow special permits for historical preservation under § 135-6.2, Historic
Preservation Incentives, to permit additional uses where necessary to preserve historical elements.
ARTICLE 40 AMEND ZONING BYLAW-RETAINING WALLS
To see if the Town will vote to amend the Zoning Bylaw to regulate the construction of retaining walls over four(4)
feet in height; or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would update the Zoning Bylaw to regulate the installation of retaining walls over
four(4)feet in height.
18
ARTICLE 41 AMEND ZONING BYLAW-STRUCTURES IN SETBACKS
To see if the Town will vote to amend the Zoning Bylaw to allow for accessory structures of limited size and height
(including sheds)to have a separate setback requirement; or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would establish regulations for accessory structures (including sheds) to have a
separate setback requirement.
ARTICLE 42 AMEND ZONING BYLAW-FLOODPLAIN MANAGEMENT
To see if the Town will vote to amend the Zoning Bylaw to identify a designated Community Floodplain
Administrator(FPA); or act in any other manner in relation to.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would identify and designate a Community Floodplain Administrator (FPA) in
accordance with regulations of the Federal Emergency Management Agency.
ARTICLE 43 AMEND ZONING BYLAW- TECHNICAL CORRECTIONS
To see if the Town will vote to amend the Zoning Bylaw to allow for the correction of internal references, remove
unreferenced definitions, reformat sections, updates to modernize language; or act in any other manner in relation
thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: These changes are clerical in nature and are not intended to change interpretation of the Zoning
bylaw in any substantive way.
ARTICLE 44 AMEND ZONING BYLAW-USE AND GENERAL REGULATIONS
To see if the Town will vote to amend the Zoning Bylaw (including Table 1, Permitted Uses and Development
Standards; § 5.1 Off-street Parking and Loading; §9.5, Site Plan Review; and §10, Definitions) to allow for
beneficial changes identified in the Hartwell Innovation Park drafting process and updates from the 2020 Special
Town Meeting (such as Short-Term Rentals and requirements from the Attorney General review); or act any other
manner in relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would amend any issues in the zoning bylaw or table of uses identified during other
amendments of the Zoning Bylaw,which may include adding Short Term Rentals.
ARTICLE 45 AMEND ZONING BYLAW& ZONING MAP-HARTWELL
INNOVATION PARK
To see if the Town will vote to amend the Zoning Bylaw and Zoning Map to create a new Hartwell Innovation Park
(C-HIP) Zoning District comprising the CM - Manufacturing Zoning District and portions of the GC - Government
Civic Zoning District, add new Special District Regulations, and amend related zoning sections of the Zoning
Bylaw, including the Table of Uses; Dimensional Controls, and General Regulations; or act in any other manner in
relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would amend the Zoning Bylaw and Zoning Map to create a new Hartwell Innovation
Park(C-HIP)Zoning District,which will include a new Bylaw section and amendments to the existing zoning.
19
And you are directed to serve this warrant seven days at least before the time of said meeting as provided in the
Bylaws of the Town.
Hereof fail not, and make due return on this warrant, with your doings thereon, to the Town Clerk, on or before the
time of said meeting.
Given under our hands at Lexington this 25th day of January 2021.
Douglas M. Lucente, Chair Select Board
Joseph N.Pato
Suzanne E. Barry of
Jill I. Hai
Mark D. Sandeen Lexington
A true copy,Attest:
Constable of Lexington
20
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APRIL 1V
�Fx1 N Ut APPENDIX A
Town of Lexington
MODERATOR DEBORAH BROWN
January 11, 2021 DELIVERED BY EMAIL
Dear Select Board Members,
In view of the ongoing COVID-19 pandemic and the ongoing federal, state and local advisories to
practice social distancing and avoid the congregation of crowds, I request approval to conduct the
proposed 2021 Annual Town Meeting, scheduled to commence Monday,March 22,2021 through remote
participation. I propose to use a combination of. (1)the Zoom videoconferencing platform, (2)the online
VVoter module provided by our electronic voting vendor, Option Technologies OR comparable online
voting tool developed by Select Board member Joe Pato, and(3) an online queuing function developed
by Select Board member Joe Pato to facilitate the process of debate.
I certify that,with the assistance of Select Board Chair Doug Lucente, Select Board member Joe Pato,
Town Meeting Members' Association Chair Ben Moroze, and members of Town staff,I have tested all
components of the system described above and am satisfied that this system will enable our meetings to
be conducted in substantially the same manner as if they had occurred in person at a physical location. I
certify that the system (i) allows the moderator, town meeting members,town officials and any other
interested members of the public to identify and hear the moderator and each town meeting member who
attends and participates in the remote meeting, as well as any other individuals who participate in the
meeting; (ii)provides the ability to determine whether a quorum is present; (iii) allows participants to
request recognition by the moderator and makes such requests visible to the meeting participants and the
public; (iv) allows the moderator to determine when a town meeting member wishes to be recognized to
speak, make a motion, or raise a point of order or personal privilege; (v) enables the moderator to
recognize a town meeting member,town official or other individual and enable that person to speak; (vi)
provides the ability to conduct a roll call or electronically recorded vote; (vii) allows any interested
members of the public to access the meeting remotely through LexMedia for purposes of witnessing the
deliberations and actions taken at the town meeting; (viii) allows members of the public to participate in
debate through the submission of statements for or against a motion; and(ix)provides for the town
meeting to be recorded and available for future viewing. I further confirm that I have consulted with
Lexington's Commission on Disability regarding system accessibility.
Sincerely,
Deborah Brown
Town Moderator
1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420
21
TOWN FINANCE TERMINOLOGY
The following terms are frequently used in the annual town report and at the town meeting. In order to provide
everyone with a better understanding of the meaning,the following definitions are provided.
AVAILABLE FUNDS- "FREE CASH"
The amount certified annually by the Bureau of Accounts,Department of Revenue. The certified amount is the
Unreserved Fund Balance less all outstanding taxes. This fund may be used by a vote of the town meeting as
available funds for appropriation.
AVAILABLE FUNDS-OTHER
Usually refers to balances in special funds or to balances remaining in specific articles previously appropriated.
These balances become available for re-appropriation by Town Meeting(or are returned to the town's general
fund balance).
"CHERRY SHEET"
A financial statement issued by the State, at one time on cherry-colored paper,that itemizes state aid due to the
town, and charges payable by the town to the state and county.
GENERAL FUND
The municipal fund accounts for most financial expenses and revenues approved by town meeting. The tax levy
is the principal source of revenue in the general fund.
ENTERPRISE FUND
A self-supporting account for a specific service or program that the town operates as a separate "business."
Enterprise funds do not depend on taxes for operating revenue. For example,water operations are funded through
the water enterprise fund,which receives funds from a consumption based fee system. Ideally, enterprise resources
and expenditures should balance over time. Funds in enterprise accounts do not revert to the general fund at the
end of the fiscal year.
OVERLAY
The overlay is the amount raised by the Assessors in excess of appropriations and other charges for the purpose of
creating a fund to cover property tax abatements and exemptions granted by the Board of Assessors.
RESERVE FUND
This appropriation is voted at the annual town meeting in an amount not to exceed 5% of the tax levy of the
preceding year. Transfers from the reserve fund are approved by the Appropriation Committee and may only be
used for"extraordinary or unforeseen expenditures."
REVOLVING FUND
Revolving funds are used for a particular service.An overall limit on spending is set by Town Meeting but may be
subsequently amended by vote of the Board of Selectmen and Appropriation Committee. The funds can be used
for the service without appropriation up to the approved limit.
Town of Lexington, MA 02420
PRESORTED
STANDARD
U.S. Postage
PAID
Boston, MA
Permit No. 3011
**********ECRWSSEDDM****
Residential Customer
LEXINGTON, MA
Detailed information on Town Meeting Warrant Articles as well as information on current Town
Meeting Members can be found at http://lexingtonma.govl202]atm
Note: Town residents who wish to follow the proceedings may do so via LexMedia at
https://www.youtube.com/user/LexMediaMATV. Residents who wish to participate in the Meeting may
contact the Town Clerk's Office at clerk(dlexingtonma.gov and complete the online form at
https://Iexingtonma.gov/202I atm.
Gmail-FW:Article 33 https://mail.google.com/mail/u/0?ik=4888d66222&view�pt&search—all...
MGmal I Gerry Paul <gerrypau101@gmaiI.com>
_______________________________________________________________________________________________________________________________________________________________________________________
FW: Article 33
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Gerald Paul <gerryp@bu.edu> Thu, Mar 4, 2021 at 12:10 PM
To: James Malloy<jmalloy@lexingtonma.gov>
Cc: David Pinsonneault<dpinsonneault@lexingtonma.gov>, Christopher Filadoro <cfiladoro@lexingtonma.gov>, Doug
Lucente <doug.lucente@g mail.com>, Joe Pato <jpato@lexingtonma.gov>, Suzie Barry<suziebarrylex@gmail.com>, Jill
Hai <jhai@lexingtonma.gov>, Mark Sandeen <mark.sandeen@sustainablelexington.org>, Kelly Axtell
<kaxtell@lexingtonma.gov>, Nancy Sofen <nsofen@gmail.com>, Mark Connor<mark@connorarchitecture.com>
Hi Jim,
Thanks for your comments regarding articles 32 and 33. It was extremely helpful to have your thoughts in writing.
Would it be possible for you to do the same for any other concerns about the Tree Committee articles? Below are our
comments and clarifying questions (using the same numbering as your comments).
1. We have a question about the premise of this concern: What is the nature of the approximately"60 non-project"
public shade trees that are removed each year? If they are hazard trees they will have been excluded from Chapter
87 hearings and any required action by the Select Board in the past; and will be excluded in the future even with
Article 32.
2. Public Hearings and review by the Select Board are currently already required for removal of non-hazard public
shade trees. Article 32 simply allows the Select Board to request payment of the appraised value. This article should
not require any more time spent by the Select Board or staff and, in fact, will be a disincentive to applicants even
considering removal of public shade trees given the possible cost to them.
3. Concerning the Select Board having to approve spending from the Tree Fund, Dave Pinsonneault has stated that
the approval of the Select Board was delegated to the DPW Director years ago. (Would this delegation be
documented someplace in Town records?) We know of no cases in which the Select Board was ever asked to
approve spending from the Tree Fund.
The word "voluntary" has always been a mystery to us. It may be there because citizens can and have made
voluntary contributions to the tree fund. We would abide by Town Counsel's advice about whether the word should be
removed at a future Town Meeting.
4. We would be pleased to update the motion to indicate that the applicant will pay for the appraisal.
5. Regarding Article 33, the motion posted on the Town website is now actually 2 motions corresponding to parts (a)
and (b)of the article. So the Select Board and Town Meeting will be able to take separate votes on each.
Sincerely,
Gerry Paul
Nancy Sofen
Mark Connor
On Wed, Mar 3, 2021 at 12:29 PM James Malloy<jmalloy@lexingtonma.gov>wrote:
i Gerry—First I'm going to apologize for commenting late. I have a lot of different things going on and due to
time constraints, I don't normally go into this depth on policy issues but this particular article (Article 32)
contains a number of issues that impacts administration so I am going to comment. Here are my concerns:
1. The bylaw does not exempt the Public Works Department. It does provide that the Select Board may
waive all or a part of the fee established using the Trunk Formula Cost Estimate. The concern I have here is
1 of 4 3/9/2021,7:58 AM
GmuU'FW:Article 33 bVpo 8 '
that according to Dave Pinsonneau|t's estimate we have opproximate|y6O "non-project" (project related
trees would be in addition) public shade trees removed each year. By establishing a fee and authorizing the
Select Board to waive all orpart of the fee, each one mf these public shade tree removal applications has
the potential to become a negotiated process similar tothe [mtdng School tree. Our last Select Board
meeting was initially hours long before we moved some items to afuture meeting and next week's
meeting is scheduled to be 3 hours long. The Co1bng School tree took upseveral meetings and based upon
Dawe's estimate ofG0 public shade trees per year and that the Board has established a meeting schedule of
2 business meetings per month and 1 workshop per month,this works out to 2.51ree agenda items per
business meeting. If these overlap with multiple negotiating meetings on each application, this will become
very difficult for the Select Board 10 process and try to get other things dune.
2. Given the cost associated with the standard proposed by this bylaw and using the Cmtdng School tree as
an example (since we have cost estimate from that tree),the cost as established by Mr. Fod was$87,2IS
but with depreciation was $39,85O. | am going Lo assume a1 that cost,that just about every private
property owner requesting to remove a public shade tree and all public shade trees proposed to be
removed by the Public Works Department will appeal tothe Select Board to waive all orapart of the fee.
3. Additionally, even if the Select Board does not waive the fee and it is paid directly to the Tree Fund,
under the Tree Bylaw, Section 120-14 which relates to the Tree Fund, it requires that, "The Tree Warden,
with input from the Tree Committee,will request use of these funds for tree planting,transplanting, and
other tree-related needs. The request to expend these funds will be approved by the Board ufSe|ec1men."
Which assures that whether the Select Board is meeting to consider waiving or reducing the payment for
removing public shade trees,that the Select Board will need to meet to approve spending the funds
collected from this bylaw proposal. We should also clarify this role and perhaps remove the "voluntary"
from the existing by|am, as these contributions would no longer be voluntary contributions.
4. The bylaw indicates that the Select Board or their designee shall require the applicant to pay the
appraised value of the tree, as determined by a member of the American Society of Consulting Arborisis
using the Council of Tree and Landscape Appraisers trunk formula method. The bylaw does not indicate
who will pay for the consultant that will develop the cost estimate (is this the Town orthe applicant?).
All of these items above create concerns for me, | was asked at a recent Select Board meeting what the impact
to staff would be for this bylaw. | see a significant impact on staff and the Select Board in terms of time required
to administer this bylaw and therefore | am recommending the Select Board reconsider their position onthis
bylaw and that further work be undertaken by the Tree Committee and Tree Warden/DPW Director to improve
itto address the concerns raised above.
| note that my original email 1othe Board referenced Article 33 which was in error, but since | have carved out
time to address the issue above, | also want to indicate to the Select Board that paragraph (b) of Article 33isthe
most far reaching, intrusive bylaw provision that | can think of and at the same time does not provide any
enforcement for anyone that doesn't comply. The worst law ia one that cannot be enforced, | see nopublic
benefit from this section of the bylaw proposal on Article 33 and would strongly recommend to the Select Board
that should the Board support Article 33 that they dm so with an amendment or substitute motion which
deletes paragraph (b).
| did want to reply to Gerry's email, but in order to not violate the Open Meeting Law, | ask that the Select Board
not reply tothis email and want to let the Select Board know that | will include this email in the Select Board's
meeting agenda packet for March 8 so that it can be discussed publicly. Thanks.
2 of 3/9/2021. 7:58 /\YW
Gmail-FW:Article 33 https://mail.google.com/mail/U/O?ik=4888d66222&view�t&search—all...
Jim
Jim Malloy
Town Manager
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02420
781-698-4540
Please note®Effective 3124120 the Town of Lexington Offices have one virtual. We are working remotely,
staying safe and maintaining safe social distances. Some departments may be responding slower than you
have come to expect,please be patient as we work through this global pandemic. Thank you!
Please note most emails to/from this account are a public record. Also, please consider the environment before
printing this email. Thanks!
From: Gerald Paul [maiIto:gerryp@bu.edu1
Sent:Tuesday, March 2, 20212:51 PM
To:James Malloy<jmalloy@lexingtonma.gov>
Cc: Doug Lucente<doug.lucente@grnail.com>; Joe Pato<jpato@lexingtonma.gov>; Suzie Barry
<suzi ebarrylex@g mail-co m>;Jill Hai <jhai@lexingtonma.gov>; Mark Sandeen <mark.sandeen@
sustainablelexington.orp; Kelly Axtell <kaxtell@lexingtonma.gov>; Nancy Sofen <nsofen@gmail.com>;
Mark Connor<mark@connorarchitecture.com>
Subject: Fwd: FW:Article 33
Hi Jim,
The subject of Dave Pinsonneault's concern regarding Article 32 was raised a number of weeks ago by Chris
Filadoro and Marc Valenti at a Tree Committee meeting. In response we worked closely with Town Counsel to craft
the motion for Article 32 to give the Town the flexibility, if a Town tree is removed by the Town, to not necessarily be
required to perform a tree appraisal and to not necessarily be required to pay the appraised value. We reviewed
this in detail with Chris and Marc last Thursday and they were satisfied that the motion addressed their concern.
Please see the highlighted text in the motion. Town Counsel can further inform you on the thinking here. Can we
consider this issue closed?
Sincerely,
Gerry Paul
3 of 4 3/9/2021, 7:58 AM
Gmail-FW:Article 33 https://mail.google.com/mail/u/0?ik=4888d66222&view�pt&search—all...
Nancy Sofen
Mark Connor
ARTICLE 32 AMEND GENERAL BYLAWS-RECEIVE APPRAISED VALUEFOR REMOVED TREES MOTION:
That§ 120-7.13 of the Tree Bylaw, Chapter 120 of the Code of the Town of Lexington, be amended as follows,
where underlined text is to be added: Procedures.Any person seeking to prune or remove a public shade tree or
Town tree shall submit an application to the Tree Warden in accordance with any application requirements issued
by the Tree Warden. The Tree Warden shall hold a public hearing on applications for removal, at the expense of
the applicant, in accordance with the provisions outlined within General Law Chapter 87. In addition to any public
notice required by said G.L. c. 87, the Town shall contemporaneously provide notice of the public hearing on the
Town's website and through such other electronic means as it deems appropriate. If the Tree Warden or Select
Board permits removal of the public shade tree or Town tree, the Select Board, or its designee, shall require the
applicant to pay the appraised value of the tree, as determined by a member of the American Society of
Consulting Arborists using the Council of Tree and Landscape Appraisers trunk formula method. Such payments
shall be deposited in the Lexington Tree Fund.The Select Board may, at the request of the applicant, waive the
requirement to pay all or a portion of the appraised value of the Tree pursuant to this paragraph if the Select
Board determines that the removal of the tree is required as part of a project intended to serve a public purpose
or due to other extenuating circumstances. The permit issued by the Tree Warden may specify schedules, terms,
and conditions including, requiring the planting of replacement trees.
From: James Malloy<jmalloylexingtonma.gov>
Date: Tuesday, March 2, 2021 at 12:09 PM
To: Kelly Axtell <kaxtelllexingtonma.gov>, Doug Lucente <doug.lucentegmail,com>, Jill Hai
<jillhailexgmail.com>, "Joe Pato (Lexington Selectman)" <joejoepato.org>, Mark Sandeen
<msandeen 1exingtonma.gov>, Suzie Barry<suziebarrylex@gmail.com>
Subject:Article 33
To All— I just wanted to pass this message from Dave Pinsonneault that I received this morning to the full Board
regarding Article 32 & 35, that without an exemption for Town projects, that it could add significantly to the cost and
prohibit some of the work that we would otherwise be doing, specifically sidewalk construction/improvements.
The other issue with the appraisal one is there is not an exclusion for Town projects. We are removing 60 plus trees
as part of the Streetscape Project and that would be a significant added cost to the project. Police Station, Schools,
the Cemetery building, solar projects, sidewalks and roadwork could be significantly and negatively impacted. The
other article we had issue with is the Scenic Roads for many of the same reasons. Not being able to move
stonewalls, trees or other features will have an impact on cost and safety. Thanks.
Jim
Jim Malloy
Town Manager
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02420
781-698-4540
Please note— Effective 3/24/20 Town of Lexington Offices have gone virtual. We are working remotely, staying safe
and maintaining safe social distances. Some departments may be slower that you expect in responding, please be
patient as we work through this global pandemic. Thanks!
Please note most emails sent to/from this account are a public record and think about the environment before
printing this email. Thanks!
4 of 4 3/9/2021,7:58 AM