Thursday, March 31, 2016

Article 41: Floor Area Ratio (FAR)

ARTICLE 41: Floor Area Ratio, FAR - the article would limit the size of new houses or additions in relation to their lot size
Inserted at the request of the Planning Board
Planning Board presentation: Includes basements; half stories
All peer towns is like comparing apples to oranges.
Fiscal impacts: 6 month study of data gathering, data was analyzed, then, an effects assessment. Case study of homes built between 2013-2015. Developed statistical models: Historical model; Current Model; Future Model. Not predictions but a range of projections. There is an appeals process
PB in unanimous support
Board of Selectmen hasn't taken a vote
Appropriation  Committee has no consensus
Town Moderator notes that more than a dozen citizens signed up to speak to the article
TMM at Q: Slide 9 - appreciate the many examples; based on Article 39 passage, are they based on previous bylaw?
A: yes
TMM - Appreciate the work of the PB. I intend to vote NO
TMM Q: why is the inclusion of the basement at full height in the process?
A: Basements and attics are routinely included in residential development.
TMM - this does not make sense to me.
Citizen: I oppose this Article.
TMM Q: I'm asking on behalf of a Citizen. How is conservation land included in this calculation?
A: Is the conservation land adjacent?
TMM: I believe it is adjacent
A: Special permit was required for structure to be built initially (ZBA or PB), would need to go to that authority for special permit.
TMM at YES: I would like to talk about basements. It turns out you can have a crawl space that is under 7 feet high and that is plenty of room for storage, playroom, and other uses. It's a modest proposal. Other towns have these restrictions - it is not a big thing. If there are unintended consequences we can fix them. We have to start somewhere. I think we should support it.
Citizen: speaking in opposition. Could affect almost every property in this town. The standards set in this article are arbitrary, without sufficient due diligence of the Planning Board.
TMM at NO: None of us can appreciate the particular and unique circumstances of families. We're trying to legislate how people build and renovate. We are over regulating. Town Meeting needs to say, "enough".
Citizen: Moved here over 20 years ago - trees, green space - now, 8 tear-downs, enormous houses being built instead. Agree that we need to balance and think this is a very balanced proposal. Please support the Article
TMM at YES: I'm supportive because it will help to prevent flooding (reduce impervious surfaces).
Citizen: Horrified by this proposal. 
Eight TMMs now queued at the YES
TMM at NO: I'm disappointed to be standing at this mic. I'm concerned about the impact of this bylaw. Stated intention is to reduce shadowing, dismantling tree canopy - needs more analysis.
Citizen: Speaking on behalf of 12 families and my family who strongly support. Our neighborhood is one of the more denser and smaller homes. We are concerned about the tear-downs. Impacts are real:
  1. open space, tree cover, run-off on drains, shadowing on houses
  2. from our perspective, we don't want to become another enclave for ginormous homes
  3. none of us wants to lose money on our homes.
The time to act is now. The tear-downs are proceeding; the market is very strong.
TMM at YES: these are very modest changes; developers will become more creative. These are not onerous regulations at all. Urges TMMs to support
TMM at NO: I'd like to remind TM that we passed Article 29 to form neighborhood districts. We're trying to over-control
Citizen: Let's separate fact from fiction. Received fliers from realtors. Open space has value. Keep that in mind.
TMM/Selectman: I'm opposed. Takes substantial value from tax base. It focuses on Gross Floor Area
TMM calls the question , which is a MOTION to close debate on Article 41
MOTION PASSES
YES= 102           NO=60            ABSTAIN=6       
Main MOTION to Amend Zoning Bylaw on Floor Area Ratio - requires 2/3 majority to pass
MOTION PASSES
YES=127            NO=41            ABSTAIN=2
Town Meeting adjourned until 7:30 PM Monday, April 4, back in Cary Hall
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Article 40: Amend Zoning Bylaw: Accessory Apartments

Article 40: Amend Zoning Bylaw: Accessory Apartments - This article would relax some existing conditions and requirements that limit the ability to construct accessory apartments. These requirements include lot area, presence of rooming units, connection to Town water and sewer, ownership, location of parking, and age of structure.
Article inserted at the request of the Planning Board
Planning Board presentation: We have a lot of very big houses but do not have ample small dwellings for:
  • older parents
  • adult children
  • rental income
Comprehensive plan to address changes, including:
  1. Under the current bylaw, if you have an accessory apartment, you can't also rent out a room - - we don't see a reason that these be mutually exclusive, but that there are no more than 4 unrelated people in the apartment. (Also applies to B&Bs).
  2. Public water & sewer: currently, we say that if you h.ave public water and sewer you can't have an accessory apartment; we think there are reqs from the board of Health, so we are changing
  3. Parking: currently, very long section on dealing with parking; those rules don't apply to single family houses, so this is why we are recommending the change.
  4. Lot Area: right now you can't build an accessory apartment unless you have a lot of a certain size. but, many lots to not apply to this amendment.
  5. Age of building: right now, the two smallest kinds of apartments, have a req that it has to have an existing building that's at least 5 years old. We want to encourage the growth of these small apartments, 1,000 square feet or less.
Planning Board unanimously supports
Board of Selectmen unanimously suppports
Appropriation Committee: a majority supports
TMM Q: for Planning Board - is PB concerned at all that with the adoption of this article, and that a single mother with 3 children and the potential impact on our school system?
A: no reason to think there will be more children; every reason to think there will be fewer
TMM at YES: I'm 25, recent college grad; crushing debt. Full disclosure - I live with my parents. I'm the only TMM under the age of 30. We need to facilitate young people to come back to live in Lexington. Urge TM to think of young professionals, others like himself; need to build a new generation of young people for public service.
TMM at NO: rise in opposition and agree with Appropriation Committee. This Article isn't ready and this is not the right time. Urge you to vote against
TMM Q: Enforcement - only for neighbors to rat on their neighbors; what's the enforcement process?
A: not making any changes WRT enforcement. It's up to the Building Department.
TMM: I think Lexington has met its 10% - I will not support
TMM at YES: Town has been working really hard on sustainability - I urge TMMs to continue along the path of sustainability and support
TMM at NO: I moved into Town in 1959 with 2 children. The schools are over-populated. If you build these apartments, they will come - and the children will come and then we will have to take care of them and schools will be over enrolled
TMM Q: Schools - enrollment problems, also affordability problem. Do we have any other splution to this problem? How do we make Lexington affordable if we do not do this?
A: this is the plan we are proposing concerning accessory apartments
TMM: Do we know that there will be increase in number of school children?
A: Whether or not they do, we cannot discriminate against families with children
TMM - urges support
Citizen: speaks in favor of this amendment because of increasing diversity in housing
TMM Q: Limits of 4 people - what does that mean?
A: A family is one or more individuals living together. A roomer is one individual in an accessory apartment
TMM at YES: when my parents retired, they moved to ME with my sister in an accessory apartment. That they did with my sister and her kids, made their lives longer and fuller.
TMM at YES: this is about building diversity like the previous TMM addressed. Please support
TMM at NO: I'm concerned that even 2 bedrooms or more can support a significant number of people.
TMM at YES: We hear a lot about seniors being forced out, so this gives another option and I urge support
TMM at YES: I support this article. If people had tried to stop people from moving into this community, I may have never lived here. Wants to pay it forward
TMM Q: is it true that an owner can be away from their house for 2 years?
A: existing bylaw (we are not proposing a change) permits absences by the owner for up to 2 years; may rent the main dwelling and accessory apartment with certain procedure for doing so
Citizen: speak in favor of this amendment; currently building an accessory apartment for my brother.
TMM at NO: I support all of the intent behind the accessory apartments. We can bring all the families we want to Lexington, but this seems risky for school over enrollment
TMM at YES: would be a sea-change to have such a number of children. Removes a number of restrictions for smaller homes
TMM Q: struggling with this - why lifting the restriction to build accessory apartment at time of new construction?
A: only applies to 1,000 sq ft. types (accessory apartment). Demand isn't driven by the market, but by particular family circumstances.
Citizen: if we really care of there being "too many children", then, you should support this article
With no one standing at any of the mics, Town Moderator asks for any closing comments from Planning Board.
PB: we have had accessory apartments for more than 30 years. Feels this proposal gives everyone the same shot at building an accessory apartment.
Town Moderator calls for vote on Article 40 - requires 2/3 majority
MOTION passes
YES= 148; NO= 41; ABSTAIN=3
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Article 39: Amend Zoning Bylaw - Maximum Height of Structures

We're at the high school (again) for tonight's session.
Zoning/Land Use Articles brings out lots of residents - Town Moderator has just called for a second "citizens' microphone".
Article 39: Amend Zoning Bylaw - Maximum Height of Structures: The article would limit the height of new houses or additions located close to lot lines.
  • 15-ft setbacks for 40 ft. height dwelling
  • Issue raised during the residential policy committee's listening tour
  • No change in measuring height or yard setbacks
  • Properties with 15 foot yard setbacks, bldg no higher than 40 feet
Planning Board presentation. "This article is a fair and reasonable measure for dwellings near lot lines."
Planning Board unanimous supports.
Board of Selectmen supports the article.
Town Moderator opens floor for debate
Citizen: speaks in support
Town Meeting Member (TMM) speaking in opposition at NO mic
Another TMM speaking in opposition, noting too many controls being imposed
TMM with a Q: similar zoning rules for other towns?
Answer from PB: we would not be an outlier
TMM then, says he will support
TMM at YES mic - says it is a modest proposal and will support
Citizen: opposed to Articles 39 & 41. Lives in small house, but real estate taxes have never been small - too many restrictions. Wants more incentives instead
TMM at Q: why is text "strikeout" at top of chart?
A: didn't want to use double negatives
Citizens: have lived in Lexington for 30 years - throughout this time, lived in same small house, but neighborhood building has ramped up. Putting a large home on a postage sized lot - should have been addressed long ago. Urges support
TMM with Q: there is an appeal process, correct?
A: there's a whole section in the bylaw that addresses nonconformity
TMM: not sure I understand
A: no specific appeal to nonconformity
TMM Q: substandard lots and homes - any attempt to quantify these?
A: PB is trying to quantify
TMM Q: as I look at the setback and max height, seems reasonable - - is there any lot in Town where one could not build because of this article?
A: not that we know of
TMM will support because it is very reasonable.
Citizen: speaking in opposition. Urges TMMs to reject proposal
TMM at YES: I was part of the RPC process to address issues from residents. Recommended from someone from the development community.
TMM at YES: I live in a small  house on a small lot in a neighborhood with a lot of tear-downs. I look at Article 39 & 41 and think they are reasonable. I'm really not concerned; they are very small steps forward.
Seeing no one at any of the mics, Town Moderator calls for the vote - requires a 2/3 majority to pass
MOTION passes
YES=138; NO=31; ABSTAIN=3
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Monday, March 28, 2016

Article 4: FY2017 Operating Budget (Schools)

Reports of Appropriation Committee, School Committee are received and placed on file.
FY17 School budget is $97,293,299 - a 5.68% increase from last year and $17,496 per pupil expenditure. Input from numerous stakeholders. Superintendent Dr.Mary Czajkowski thanks leadership team: School Committee members, CO administration, and Ian Daley in Finance & Business.
Key theme of this budget: ensuring on-going program excellence in light of continued growth. Four district goals used in development of this budget:
  1. Contract Obligations (including COLA)
  2. Legal Mandates (Special Education, transportation)
  3. Enrollment Increases
  4. Program Improvements (excellence, addition of elementary foreigh language
Lexington ranks 6th in 11 like communities* (#1, Weston's per pupil is $21,6521)
Salary & Wages = $81,785,398; expenses = $15,507,901 which represents 5.68% increase over FY16
Minuteman Career Technical Regional High School Superintendent Ed Bouquillon presented a budget of $19,728,097.
Lexington's contribution is $1,377,449
$115,000 is Minuteman Career Technical Regional High School transportation expense
A Town Meeting Member asks superintendent how percentage increases are based. Answer: Bureau of Labor & Statistics
Director of Special Education Ellen Sugita addressing questions from a Town Meeting Member about LABBB Collaborative Program.
Q about Shared Expenses: wants to know breakdown of Municipal, School, Retirees.
MOTION to Appropriate FY2017 Operating Budget (Schools) PASSES by more than the necessary two-thirds (156=YES; 1=NO; 3=Abstain)
*The eleven like communities: Acton-Boxborough, Belmont, Brookline, Concord-Carlise, Lexington, Lincoln-Sudbury, Newton, Wellesley, Weston, Westwood, Winchester
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LHS & Minuteman High School seniors honored at Town Meeting

Before tonight's session gets underway in the auditorium of LHS, we're taking a few minutes to recognize outstanding members of the senior class from the two public high schools in Lexington.
LHS Principal Laura Lasa introduced each of the 15 students, noting some of their personal qualities and list of impressive accomplishments. Representative Jay Kaufman is on hand to congratulate all of the students, presenting each with a special Citation. Many proud parents, friends, and family members are present.
Town Meeting rises as one in a standing ovation for the students, and also acknowledged the support of parents and families.
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ATM continues at LHS tonight, 7:15

Town Meeting will convene tonight in the auditorium of Lexington High School, 251 Waltham Street. We'll begin at 7:15 for the annual ceremony honoring LHS and Minuteman High School seniors, then take up the financial articles, beginning with Article 4: Appropriate FY2017 Operating Budget (Article Motions, pp.2-4).
While the Town’s FY2017 operating budget has many complexities, please note:
The budget process begins with the Selectmen's Goal Setting in June. In developing the annual operating budget, the Board of Selectmen continued to adhere to the following principles in order to preserve the Town’s long-term financial condition:
1. Continue to set aside funds into the Capital Stabilization Fund as part of the comprehensive long-term strategy for funding critical school and municipal projects.
2. Core services currently provided through the operating and capital budgets should be maintained, recognizing that changes in service demands may require that additional resources be provided in certain areas.
3. Resources should continue to be provided for road, intersection, traffic calming and sidewalk improvements and to address deferred maintenance in these assets.
4. Recurring revenues, not reserves or one-time revenues, should support operating expenses and debt service.
5. Debt will not be used to fund current operating expenditures.
6. Adequate reserves and contingency funds will be budgeted, consistent with the recommendations of the Ad Hoc Financial Policy Committee (2006) as adopted by the Board of Selectmen.
7. The use of reserves to fund operating expenses should be limited to cover temporary revenue shortfalls, consistent with the recommendations of the Selectmen’s Ad Hoc Fiscal Task Force (2009).
8. Sufficient funds for building maintenance will be budgeted to properly maintain facilities and equipment as well as foster energy conservation.
9. One-time revenue use should be limited to funding one-time expenses (e.g., capital projects) or used to fund reserve accounts.
10.Continue to provide funding for the post-employment benefits liability (OPEB)
Also, note information about this year's Revenue Allocation Model:
It has been the Selectmen’s practice to equitably share Town revenues between the municipal departments and the School Department. Based on a model developed by the Town Manager and Superintendent of Schools and accepted by the Board of Selectmen, School Committee and financial committees, projected revenues are allocated, on a preliminary basis, such that after shared expenses are funded, 73.3 percent of all projected FY2017 general fund revenues were allocated to the School Department and 26.7 percent were allocated to municipal departments.
More information may be found in the following documents and reports:
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Wednesday, March 23, 2016

Planning/Land Use Articles*

Article 36: Amend Zoning Bylaw - National Flood Insurance District
MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion which is printed in the Article in the Warrant, and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Lexington
The Article intends to ensure against flood loses.
Board of Selectmen in unanimous support.
Requires a two-thirds VOTE of Town Meeting.
MOTION is unanimously adopted.

Article 37: Amend Zoning Bylaw - Technical Corrections
MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article, a copy of which is on file with the Town Clerk and the Planning Board, and further that non-substantive changes to the numbering of the bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Lexington.
Technical corrections that have no substantive effect.
Planning Board is unanimous in its support.
Board of Selectmen is unanimously in support of this Article.
Requires a two-thirds VOTE of Town Meeting.
MOTION passes unanimously.

Article 38: Amend Zoning Bylaw - Government-Civic Districts
MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article, a copy  of which is on file with the Town Clerk and the Planning Board, and further that non-substantive changes to the nimbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Lexington
  • No effect on existing or anticipated uses in Government-Civic District
  • No effect on neighboring properties
  • Provides additional protection against undesirable future changes in use of public land
Minor MOTION to AMEND the date passes unanimously.
Planning Board is in unanimous support.
Board of Selectmen in unanimous support.
Debate kicks off with a statement in opposition by a member at the "NO" mic. Several members at the "?" mic. Now a member speaks in support at the "YES" mic.
Permitted uses:
  • Municipal
  • Institutional
  • Agricultural
Not permitted
  • Residential
  • Most commercial
Special permits granted by the Planning Board
Support from a TMM and school committee member urging support from the Meeting in the event the Town needs to return conservation land back to the Town to build a new school.
Member moves to Call the Question. MOTION passes.
Town Moderator reminds that the VOTE requires two-thirds support of Town Meeting.
Main MOTION to Amend the Zoning Bylaw - Government-Civic District/s as amended passes.
Article 29: Amend the General Bylaws - Neighborhood Conservation Districts
The Planning Board Report to Town Meeting is received and placed on file. It conveys the Planning Board's position and contains details regarding the proposal that are intended to inform decision-making and to provide helpful knowledge to the public and all interested parties. More information on the article is available HERE.
Not a Zoning change but a General Bylaw change; adoption does not repeal any General Bylaw. Need for the Bylaw surfaced as part of the listening tour of the Residential Policy Committee and was modeled on one from Wellesley, and intends to enable the districts to be created (a group of homes, like those of the post-modern area at Turning Mill, and other specific elements, could establish such a district; opportunity of homeowners to opt-out). Inclusion is voluntary.
VOICE VOTE to adopt the amendment of Richard Canale passes.
Planning Board is in unanimous support of this Article.
Board of Selectmen is in unanimous support of this Article.
Historic District Commission speaks in support of establishing such neighborhoods
Historical Commission is in unanimous support and urges Town Meeting to, also.
Questions ensue.
Citizen at the "Citizen's mic" wants to maintain the mid-century vibe of his neighborhood. Article is about maintaining the character of the neighborhood.
Member speaks out of a concern for "unintended consequences". Concern is addressed by Planning Board member, saying some neighborhoods can do that because they are private and out of view. This Article requires public meetings to discuss neighborhood changes.
Another citizen speaking, pleading Town Meeting to support this article.
Member calls the question; Town Meeting agrees.
Madam Moderator reminds that this Article requires a simple majority VOTE.
VOTE on the MOTION as AMENDED passes.
Town Meeting Adjourns until next Monday, March 28 at 7:15 at the High School.
- - -
*Note that this post is in no way an official record of the Annual Town Meeting; it is offered as information to interested persons by a member of Town Meeting.
MOTIONS for the Articles referred to in this post may be found HERE.
Some Town Meeting Members (TMMs) post their thoughts about Town Meeting Articles, questions, and process following the proceedings and in the days preceding ATM. Those postings may be viewed publicly on the Town Meeting Member’s Association (TMMA’s) email listserve HERE. Do note that only TMMs may post to the list.
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