Article 44 – Demolition Delay Bylaw Amendments

ARTICLE 44 –AMEND THE GENERAL BYLAWS – DEMOLITION DELAY AMENDMENTS To see if the Town will vote to amend Chapter 19 of the Code of the Town of Lexington, Demolition Delay, to ensure consistency with the adoption of Neighborhood Conservation Districts, Chapter 78 of the Code (adopted at Annual Town Meeting 2016, Article 29), make certain technical changes with respect to the Historic Districts Commission bylaw, or act in any other related manner. (Inserted by the Board of Selectmen at the request of the Historical Commission and Planning Board) 

This Article is to correct an internal discrepancy between Chapter 19, Demolition Delay, and Chapter 78, Neighborhood Conservation Districts, identified after the adoption of Chapter 78. Several amendments to the Demolition Delay Bylaw are suggested to ensure internal consistency between the two chapters. Additionally, references to the Historic Districts Commission Special Act (Chapter 447 of the Acts of 1956, as amended) are modified to refer to any successor governing statute

The MOTION is HERE.
Presentation of Changes is HERE.

Recommendations
BoS: Unanimous SUPPORT
PB: SUPPORT

TM Votes
YES: 145
NO: 0
ABSTAIN: 2

The MOTION is APPROVED

Upcoming anticipated agenda for Monday, April 2, 2018

7:15pm Ceremony honoring LHS and Minuteman graduating seniors [DATE CERTAIN]

Article 2 – Town Manager’s report

Article 2 – Appropriation Committee report

Article 2 – Minuteman School Superintendent’s report

Article 4 – FY2019 operating budget

Article 2 – Capital Expenditures Committee report

Article 22 – Visitors Center

Article 23 – Visitors Center (citizen article)

Article 7 – Getting to New Zero (removed from the Consent Agenda to be taken up separately)

Time permitting:

Article 5 – FY2019 enterprise fund budgets

Article 8 – Diversity Advisory Task Force

Article 9 – Departmental revolving funds

Article 11 – Westview Cemetery Building construction

ADJOURN 9:53 PM

Article 43 – Amend Chapter 135 Zoning Bylaw (Citizen Article)

ARTICLE 43 – AMEND CHAPTER 135 ZONING BYLAW (Citizen Article) To see if the Town will vote to amend Chapter 135 of the Zoning Bylaw to zone for Medical Marijuana Cultivation Centers, Medical Marijuana Processing Centers, Medical Marijuana Distribution Centers, and/or Recreational Marijuana Establishments; or act in any other manner in relation thereto. (Inserted by Ethan Handwerker and 9 or more registered voters)

The current zoning restrictions for non-profit medical cannabis cultivators, processors, and distributors have become outdated and need updating to reflect the changes in state law regarding all Medical and Recreational Marijuana Establishments. This Article seeks to see if the Town will vote to amend Chapter 135 of the Zoning Bylaw to date the current restrictions.

Presentation from Ethan Handwerker HERE.
Planning Board Report on this Article is HERE - it is received and placed on file.

Recommendations
BoS: Unanimously OPPOSED
SC: Unanimously OPPOSED
PB: Unanimously OPPOSED

CITIZEN MIC: Lexington Chamber of Commerce -- did not take an official vote; supported the previous moratorium at the Special Town Meeting (STM) last Fall

Q MIC: TMM/P2 Will this be in a STM?
A: Yes - a STM in the Fall
Q: Is that enough time?
A: We think we can do it

NO MIC: TMM/P1
NO MIC: TMM/P3

Requires a 2/3 majority vote of TM
TM Votes
YES: 4
NO: 148
ABSTAIN: 6

The MOTION fails

Article 36 – Repeal Prohibition of Recreational Marijuana Establishments

ARTICLE 36 – REPEAL PROHIBITION OF RECREATIONAL MARIJUANA ESTABLISHMENTS (Citizen Article) To see if the Town will amend the General Bylaws to repeal the Prohibition of Recreational Marijuana Establishments in Town; establish, create, adopt, and/or amend General Marijuana Bylaws, including for Medical Marijuana and Recreational Marijuana; or act in any other manner in relation thereto. (Inserted by Ethan Handwerker and 9 or more other registered voters).

This Article seeks to amend the General Bylaws to repeal the prohibition of recreational marijuana establishments in Town. More information is offered in the TMMA report.

MOTION: That Chapter 97-5 of the Code of the Town of Lexington be repealed in its entirety.

Presentation of Ethan Handwerker is HERE.

BoS: OPPOSED
School Committee (SC): OPPOSED

QUESTION MIC: TMM/P6 to Town Counsel
A: Nothing the State has done has changed.
TMM is OPPOSED to rescinding

CITIZEN MIC: Lexington Chamber of Commerce
YES MIC: TMM/P7

Q: TMM/P2 We have a moratorium, not a prohibition?
A: We have both -- general bylaw prohibition will expire, zoning moratorium will not

YES MIC: TMM/P5

Q MIC: If we repeal the Gen Bylaw Prohibition, what would be the status of a retail establishment?
A: If Gen Bylaw is repealed first, signals that an application could go through. In terms of zoning, still haven't allowed for it, can see where it ends up.

TMM calls the question
The AYES have it

YES vote will repeal the town's permanent prohibition
NO vote leaves it in place

Vote of Town Meeting
YES: 24
NO: 124
ABSTAIN: 8

The MOTION fails

Article 38 – Amend Zoning Bylaw

ARTICLE 38 – AMEND ZONING BYLAW AND MAP IN COMMERCIAL DISTRICT/MARRETT ROAD (Citizen Article) To see if the Town will vote to amend the Zoning Bylaw and Map to allow additional uses and density in the commercial district along Marrett Road near Spring Street by creating a new zoning district replacing the existing CN and CS districts; or act in any other manner in relation thereto. (Inserted by Charles Minasian and 9 or more registered voters)

There are five parcels on CS side of Marrett Road. This Article seeks to replace the existing CS commercial district along Marrett Road near Spring Street with a new district, CSX, which will expand the current uses to better reflect the needs of the community. By ensuring the properties have more uses to take advantage of the Article seeks to create a sense of space that can help re-energize this important commercial area.

MOTION: Full text, revised 3/28, HERE.
Planning Board's Presentation, HERE.
Planning Board Report on this Article is HERE.
View the discussion of Town Meeting Members on the Town Meeting Member Association's public
google group HERE and HERE.

Mr. Charles (Charlie) Manisian, the Article's proponent, presents his report to Town Meeting. His website, concerning this Article, is HERE.

Recommendations:
Board of Selectmen (BoS): Unanimously Supports (5-0)

Planning Board (PB): Opposes (4-1)
Appropriation Committee (AC):
Capital Expenditures Committee (CEC):

CITIZEN MIC: Lexington Chamber of Commerce in SUPPORT
YES MIC: TMM/P7

QUESTION MIC: TMM/P8 Clarify -- art galleries? Motion says cannot?
A: Artisan work is not a "by right use", Requires a special permit. Attempt to control for possible chemical use
Q: H.1.022 -- why proponent felt that would be inappropriate?
A: Some of the neighbors didn't really care for it, but you could sell artwork there.
Q: Interested in chart with "stories" -- Table 2. How does this differ from the CS zone?
A: It does not differ.
Q: What does "inoperable vehicles" mean.
A: It means what it says. Unregistered vehicles may be stored.

CITIZEN MIC: Resident, owner of Get in Shape for Women, is in SUPPORT
YES MIC: TMM/P6

QUESTION MIC: TMM/P5
A: This only applies to this.
Q: If we approve, does it encourage more developers to ask for more, small districts.
A: Can't presume to know.
Q: If approved, prevent Planning Board to modify later?
A: I think members of the PB feel this is temporary zoning
TMM says he will support this Article

CITIZEN MIC: Resident of Spring Street in SUPPORT
YES MIC: TMM/P8 in SUPPORT

TMM Calls the Question
The AYES have it (voice vote)

TM Votes (requires 2/3 majority approval)
YES: 144
NO: 12
ABSTAIN: 5

Call to Order, TMMA Awards, and Article 2

7:30 PM
Deborah Brown, Town Moderator, calls the meeting to order.

Very Special Member has a Very Special Birthday today -- Dan Fenn is 95 years -- more than half of his life spent in Town Meeting. Dan was interviewed by the Edward M. Kennedy Institute for the United States Senate - that interview is HERE.

Town Meeting Member Association (TMMA) Awards Brief recess to acknowledge Marsha Baker's 30 years and Frank Sandy's 50 years (!) for their civic commitment to the Town in Town Meeting.

Back in session.

ARTICLE 2 – REPORTS OF TOWN BOARDS, OFFICERS, AND COMMITTEES This Article remains open throughout Town Meeting and reports may be presented at any Town Meeting session by Boards, Officers, or Committees.

Report of the Planning Board is received and placed on file with the Town Clerk. Planning Board Chair, Richard Canale, presents the report.

Later in tonight's session, it is anticipated that the Report of the Superintendent of Lexington Public Schools will be received and placed on file with the Town Clerk.

If any other reports are filed tonight, this post will be updated.

Resolution Opposes Arming Educators

Unanimously APPROVED at the regular meeting of the Board of Elementary and Secondary Education, March 27, 2018

WHEREAS the Massachusetts Board of Elementary and Secondary Education was deeply troubled by the February 14, 2018 shooting at the Marjory Stoneman Douglas High School in Parkland, Florida, that killed 14 students and three adults, and equally troubled by previous school shootings, including the 1999 shooting at Columbine High School in Colorado that killed 12 students and one adult, and the 2012 shooting at Sandy Hook Elementary School in Connecticut that killed 20 students and six adults; and

WHEREAS there is no evidence-based research showing that arming teachers would reduce casualties in mass shootings; and

WHEREAS allowing guns in schools by other than law enforcement personnel would increase the risk of accidental shootings of students and other bystanders; and

WHEREAS teachers are first and foremost educators and therefore should be employed solely on the basis of their educational skills and credentials, not their skills as a security officer;

THEREFORE BE IT RESOLVED that the Massachusetts Board of Elementary and Secondary Education believes arming educators will make schools less safe, and the Board opposes any move to do so.

2018 Annual Town Meeting Continues Tonight

Second night in Battin Hall of Isaac Harris Cary Memorial Building.

Articles from Monday’s March 26, 2018 session were completed, except Article 34, which has been moved to Wednesday, April 4, 2018.

Votes of Town Meeting Members are HERE.

Town Warrant is HERE

Articles anticipated for tonight’s session have been prepared by the Town Moderator, in consultation with Staff, Boards, Committees, and Article Sponsors:

• Article 2 report – Planning Board
• Article 38 – Amend zoning bylaw – commercial district/Marrett Road (citizen article)
• Article 36 – Repeal prohibition of recreational marijuana establishments (citizen article)
• Article 43 – Amend Chapter 135 zoning bylaw – marijuana (citizen article)
• Article 44 – Demolition delay bylaw amendments
• Article 2 report – Lexington Schools Superintendent

Tonight's session will begin at 7:30 PM. I'll post each completed Article as we go.

First Night of 2018 Annual Town Meeting

7:30 PM
We're in Battin Hall of Isaac Harris Cary Memorial Building.*
Town Meeting continues every Monday and Wednesday evening until all business has been concluded. Meetings are not held on holidays or during school vacation weeks.
Town Warrant HERE.
Tonight's Motions, by Article number, HERE.
Town Meeting Articles, Reports, and Presentations, HERE.

FY19 Recommended Budget and Financing Plan, HERE.

Town Meeting Member Association (TMMA) Report, HERE.

Deborah Brown, Town Moderator, calls the meeting to order.

Tonight's anticipated schedule, as forwarded by Town Moderator:

• Opening ceremonies
• Introductory remarks and instructions
• Article 2 – Election of Deputy Moderator (Barry Orenstein)
• Article 3 – Cary Lecture Series
• Article 33 – Plastic bag ban (citizen article)
• Article 34 – Safe community resolution (citizen article)
• Article 35 – Financial Projections (citizen article) (IP=indefinitely postpone)
• Article 41 – Wright Farm parcel split

- - -

OPENING CEREMONIES Presentation of the colors and National Anthem by the William Diamond Fife and Drum Corps.

INTRODUCTORY REMARKS AND INSTRUCTIONS Madam Moderator welcomes all and new Town Meeting Members (TMMs). Bit of Housekeeping. Calls for a moment of silence to remember the lives of TMMs who have passed in the last year. There have been 5 TMMs who have died. We will remember two tonight. The other three will be honored at a later date of Town Meeting. Ephraim Weiss, 52 years in TM. Dick Michelson, 52 years in TM. Moment of silence.

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 Board of Selectmen)

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.

Barry Orenstein has been nominated by the Moderator for the role of Deputy Moderator.

MOTION: That Barry Orenstein be approved as Deputy Moderator

Voice Vote of Town Meeting: APPROVED

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 Board of Selectmen)

This is an annual article that provides for the appointment of citizens to the Cary Lecture Series by the Moderator.

Presentation given by Rita Goldberg, TMM in Precinct 2 and Chair of Cary Lecture Series.
MOTION: That the report of the Committee on Cary Lectures be received and placed on file and the Committee discharged.
Voice Vote of Town Meeting: APPROVED

ARTICLE 34 will not be taken up tonight as Proponents and Board of Selectmen are working to refine language.

ARTICLE 33 – AMEND TOWN BYLAW - BAN PLASTIC BAGS (Citizen Article) To see whether the Town will vote to amend the Town Bylaws of the Town of Lexington to ban the use of thin-film single-use plastic bags, or to act in any manner in relation thereto. The purpose of this bylaw is to ban the use of think-film (less than 4.0 mil) single-use plastic checkout bags by business establishments in the Town of Lexington. (Inserted by Janet Moran and at least 9 or more registered voters)

This Article bans the use of thin-film single-use plastic bags. These bags have a detrimental impact on the environment by blocking waterways and sewer systems; choking, poisoning and entangling wildlife and collecting in our bodies interfering with critical bio-functioning. This ban does not include bags for laundry, dry cleaning, newspapers, loose produce, pastry, or for wrapping frozen food, fish or meat. Customers are encouraged to bring reusable bags.

MOTION: To amend the Town Bylaws by adding a new Bylaw, Chapter 81 (Plastic Bag Reduction Bylaw)

Recommendations of Boards, Committees:

Board of Selectmen (BoS): Unanimously Supports
Lexington Chamber of Commerce Board of Directors: Enthusiastically Supports
Sustainable Lexington: Unanimously Supports 4.0 mil

Question from TMM/P2: How are we going to stop all bags?
A: This Article only addresses these retail bags.
Citizen Mic: Minuteman Indivisible Environmental Team Supports the ban, urges TMMs to do same.
TMM/P8 at YES Mic: Hastings PTO Green Team; this is not a be all and end all measure. Do not let perfect be the enemy of the good.
Q from TMM/P2: Clarify language
Town Moderator calls a brief recess to talk with Town Counsel
We're back in session

A: Friendly amendment. 4.2 now reads: In the case of retail or grocery store with a floor area less than 3,500 square feet, this Bylaw shall not go into effect until July 1, 2019
Yes Mic TMM/P7: Many good reasons already stated; supporting BYOB (Bring Your Own Bag) and will be voting YES
Q from TMM/P9: Clarification on fines -- I've got five bags from Stop & Shop -- is that one offense or 5?
A: Stop & Shop, CVS, Walgreens will comply easily. They are already using paper in other Towns around us.
Citizen Mic: Coalition of Parent, PTO, PTA Green Team Members; we sent letter to Board of Selectmen in support of this Bylaw
No Mic: Unacceptable for a friendly amendment -- we should be more precise and take a vote; vote against this
Q Mic: 4.1?
A: Automatic 6-month grace period for smaller stores.
No Mic: Support the idea, troubled by the language.
Citizen Mic: Support

TMM calls the question
Vote to close debate: Approved by voice vote -- debate is closed

Main Motion:
Vote of Town Meeting: APPROVED

Yes: 158

No: 10

Abstain: 3

ARTICLE 35 – RESOLUTION TO REQUEST WARRANT ARTICLES TO BE ACCOMPANIED BY FINANCIAL PROJECTIONS (Citizen Article) To see if the Town will vote to pass a resolution strongly encouraging authors of warrant articles to present accompanying data with their motions showing the expected financial impact of their motion along with explicit assumptions to facilitate the evaluation of their motion by Town Meeting, or act in any other manner in relation thereto. (Inserted by Mark Anderson and 9 or more registered voters)

The purpose of this resolution is to establish an expectation that Warrant Articles should be presented with reasonably standard impact statements to Town Meeting Members can quickly and more completely assess related motions.

The proponent of the Article, Mark Andersen, makes a brief presentation on the origin, spirit, and implications of Article 35.

BoS: Unanimously in support of IP
CEC: Unanimously in support of IP

MOTION: That this Article be Indefinitely Postponed (IP)

Voice Vote of Town Meeting: Unanimous

ARTICLE 41 – WRIGHT FARM PARCEL SPLIT (241 GROVE STREET) To see if the Town will vote to authorize the Board of Selectmen to convey the following portions of the land owned by the Town and shown as Parcel 1C on Lexington Assessor's Map 91:

(a) approximately +/-26,492 square feet in area shown as Parcel 2-B on a plan of land entitled, “241 Grove Street Plan of Land” prepared by Meridan Associates dated February 2, 2018 and on file at the Office of the Town Clerk, to the Conservation Commission, and to authorize the Conservation Commission to subsequently convey a conservation restriction on said Parcel 2-B; and

(b) approximately +/-16,954 square feet in area, shown as Parcel 2-A on said plan of land entitled “241 Grove Street Plan of Land”, to LexHAB, and for LexHAB to subsequently convey an affordable housing restriction on said parcel 2-A; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen at the request of LexHAB)

This Article requests a revised rear lot line for the conveyance of land to the Conservation Commission and to LexHab, respectively, at 241 Grove Street, previously voted by Article 9 of Annual Town Meeting 2015, to provide a more regularly-shaped backyard for the affordable house.

Recommendations of Town Boards, Committees:

BoS: Unanimously Supports

CEC:

Planning Board (PB): Unanimously Supports

Q from TMM/P6: Does this require an act of the state legislature?

A: No

Requires a 2/3 Vote of Town Meeting

Yes: 161

No: 1

Abstain: 1

Motion is Approved
Before asking for a MOTION to adjourn, quick review for what's up on Wednesday night

March 28, 2018

• TMMA awards
• Article 2 report – Planning Board
• Article 38 – Amend zoning bylaw – commercial district/Marrett Road (citizen article)
• Article 36 – Repeal prohibition of recreational marijuana establishments (citizen article)
• Article 43 – Amend Chapter 135 zoning bylaw – marijuana (citizen article)
• Article 44 – Demolition delay bylaw amendments
• Article 2 report – Lexington Schools Superintendent

Chair of BoS that Town Meeting adjourn until 7:30 PM Wednesday, March 28, 2018

Town Meeting: Approved

Adjourned, 9:23 PM

- - -

* This (and future posts) is my work and does not represent an official record of Annual Town Meeting proceedings.

2018 Annual Town Meeting

Town Meeting begins tonight, Monday, March 26, 2018 at 7:30 PM in Battin Hall of Isaac Harris Cary Memorial Building, 1605 Massachusetts Avenue, Lexington, and continues every Monday and Wednesday evening until all business has been concluded.
Meetings are not held on holidays or during school vacation weeks.
Town Meeting business is posted in the Warrant, HERE.
Tonight's Motions, by Article number, HERE.
Town Meeting Articles, Reports, and Presentations, HERE.
Recommended Budget and Financing Plan, HERE.
Town Meeting Member Association (TMMA) Report, HERE.
Tonight's anticipated schedule, as forwarded from Deborah Brown, Town Moderator:

• Opening ceremonies
• Introductory remarks and instructions
• Article 2 – Election of Deputy Moderator (Barry Orenstein)
• Article 3 – Cary Lecture Series
• Article 33 – Plastic bag ban (citizen article)
• Article 34 – Safe community resolution (citizen article)
• Article 35 – Financial Projections (citizen article) (IP=indefinitely postpone)
• Article 41 – Wright Farm parcel split

Live-blogging to begin once we are in session.

Annual Town Election

Monday, March 5th, is the date to vote in the annual Town election. Polls are open from 7:00 AM to 8:00 PM. Find precinct and polling locations HERE.

All of the town-wide seats for Town Moderator (Deborah Brown), Board of Selectman (Jill Hai), School Committee (Kathleen Lenihan & Deepika Sawhney), and Planning Board (Ginna Johnson & Richard Canale) are not contested races, but that is no reason not to vote for them. They are well-prepared and excellent choices for the seats they are running for and our Town will be well-served by them. Join me in thanking them for stepping up to serve.

The contested races are happening further down the ballot, in the seats for Town Meeting within the precincts. In our Precinct 1, there are eight candidates for seven seats.* Some of the names of those I’m recommending are further down the ballot, so please be sure to look for them (specimen ballot HERE):

• Joel A. Adler
• Sandhya Beebee
• Sudhir Ranjan
• Mary Ann Stewart
• Judith L. Zabin

Yours truly has been in Town Meeting for the past 12 years. It has been a privilege to represent our neighborhood. I have endeavored to keep you and our neighbors updated and engaged on Town matters via face-to-face meet ups, this blog, posts to our neighborhood lists, and facebook. I ask for your vote to return me for another 3-year term.

Two newcomers deserve your attention: Sandy Beebee (Page Road) and Sudhir Ranjan (Emerson Gardens). I have spent some time getting to know them and believe both would be terrific additions.

• Sandy is a parent of younger children. She was Harrington PTA president for two years, part of the Lexington Parents Advocacy Group, and she has recently been appointed to the Capital Expenditures Committee by our Town Moderator. As an elected rep to Town Meeting, she will be able to vote on Town Meeting Articles, including the capital articles she has been focused on as a member of the CEC.

• Sudhir is eager to represent his community. He is a parent of a 7th grader at Clarke and a senior at LHS who is headed to college in the fall. He is a scientist here in Lexington. He wants to participate in Town affairs in a non-partisan manner, in an effort to enhance overall community development. He also wants to be sure we have looked at all possible options to save money before any tax increase is requested.

The last two candidates I recommend have been in Town Meeting for many years: Joel Adler and Judy Zabin. They are terrific and bring a wealth of knowledge. I recommend that you vote to return them to Town Meeting for another 3-year term.

*You may vote for as few as you like, but no more than seven representatives to Town Meeting. The seven candidates with the highest number of votes will serve as our elected representatives from Precinct 1.