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.