Article 43: Banking & Real Estate Service

Meeting called to order

Sound checking the new sound system

Attendance tonight (now): 140/198

Town Moderator (TMod) calls a brief recess so that Town Meeting Members' Association (TMMA) can make a few announcements

Three TMMs are acknowledged for
their service to the Town as elected representatives for 30 yrs or more: Janet Perry, Shirley Stoltz, and Ed Grant. Each receives a certificate and Seal of Lexington pin.

Meeting is back in session

Meeting is open on Article 2: Reports of Boards and Committees

Richard Canale for the Planning Board: Moves amended Article 43; TM approves

Meeting is now open on Article 43: Banking & Real Estate Service. This article would delete the sections of the bylaw related to the banking moratorium established by the 2015 Annual Town Meeting while proposing a special permit from the Zoning Board of Appeals (ZBA) to establish, move, or expand banking and real estate service business in center storefronts in the Center Business (CB) District.

Seven criteria for the ZBA to look at to make findings before issuing a permit for [another] bank in the CB. Criteria have to do with where they're located [proposed] - - several banks are clustered together right now, by right. A special permit with very specific and stringent criteria.

Planning Board: unanimously supports this article

Board of Selectmen: unanimously supports

Lexington Center Committee: wholeheartedly supports

TMM Q: Concerned by criteria c - "undue concentration"

A: The ZBA would need to take a look at the proposed use of the streetscape and see what effect it will have on the CB vibrancy

TMM: on g: "adjacent to the storefront"

A: Gives us the best chance to "strengthen"

TMM: I find this confusing and will offer an amendment

TMM Q: One of the criteria the use will not be used for office or conference space - not typical for banks...

A: Please clarify

TMM: Do you really mean that it will not contain those things?

A: The bank will have all of those things inside, ZBA needs to look to make sure that storage (e.g.) will not be in the front windows

TMM Q: Does the ZBA feel these are sufficient guidelines?

A: [Chair of ZBA, Jeanne Kreiger] ZBA has not taken a position on this article; Chair feels the criteria is sufficient

Amendment is offered by TMM to change "the area adjacent to the storefront" to "the interior area of the property adjacent to the storefront"

Planning Board already looked at this language and didn't feel that it helped. We do not support changing the language at this time.

Board of Selectmen: agrees with Planning Board that this is not a necessary amendment

TMod looking for statements, questions to amend:

TMM Q: Is that amendment specific enough?

A: add a subsection - - 2g, gg (e.g.)

Appropriation Committee (AC) asks Town Counsel if the amendment clarifies

Town Counsel thinks this amendment clarifies

TMod calls for a Vote to AMEND

Yes-89
No-64
Abstain-8
APPROVED

Back to debate on the MOTION as AMENDED

TMM Q: Office Space or meeting with a customer?

A: That would be determined by the ZBA as to a specific proposal

TMM calls Question [to end debate]
The Ayes have it

Vote on the MOTION as AMENDED (requires 2/3 majority)

Yes=154
No=13
Abstain=2
APPROVED