living next to a new house construction in Lexington - Article 36, Noise bylaw

[Hema Bhatt]

Please see how the neighbors feel with Construction Noise.
Hema Bhatt - Precinct 9

Sent from my iPhone

Begin forwarded message:

From: sandra mayo <sandra...@gmail.com>
Date: January 21, 2020 at 5:42:21 PM EST
To: Hpbha...@gmail.com
Subject: living next to a new house construction in Lexington

Hi Hema,
Please feel free to share this.
Thanks, Sandra


I wanted to share with you what it is like to live next to a construction site in Lexington. I live on Lincoln Terrace and a mega house has been under construction for more than two years on Lincoln St. As I’m writing to you, my house is shaking and I have a sharp and nasty headache. I work from home. Until two years ago, my artist studio was in the basement but since the construction started I had to move it up to the living room because between the shaking and the noise it was impossible to work in the basement. I had to cancel all my regular work meetings and stopped having social gatherings as the construction noise went on for 12 hours a day and over weekends and holidays. Communication with the owners and builder was impossible. They would repeat over and over again that they had a permit and that the town inspectors "were here yesterday”. As the noise became louder, I found myself in a state of panic, at 6:59am before the 7am starting of the noise, my body would start shaking. I also had problems sleeping as the noise kept playing in my brain 24/7. My husband took me to the doctor who prescribed anti-anxiety medication (I have never taken pills in my life!)
I found out that my next door neighbor and the lady across the street were experiencing similar symptoms. There was no time outside anymore for us. No morning coffee listening to the birds or having a nice chat with your husband. Over the Summer, my sons came back from college and lasted only a week at home. Who can write a thesis under these circumstances? Or have a relaxed Summer?  First it was the cutting of the 100 trees (yes, a 100!) and then removing ledge by pounding on it for hours every day for months.  Then crushing the boulders that were excavated by pounding on them - again this went on for months.  Then laying the electricity and water pipes. When that was over, it was the installation of a septic system and then more pounding for the landscaping and more pounding every time the owners changed their minds regarding the landscaping. Last October I thought they were done with the hard noise (not with the construction per se.) I came home  from the hospital with my son after his back surgery to discover that they were again pounding and making noise, my house was shaking like never before and I’m bringing my 20 years old son to rest and recover from back surgery! I was totally devastated. I called the builder in tears begging him to stop the noise to no avail. I also left a message to the Building Commissioner in town. They are still building the house and the noise continues after two and a half years!  I wish NOBODY goes through this hell.  I’m happy to give more details and names if needed. Sandra Mayo 4 Lincoln Terrace

[ajfr...@aol.com]

Thanks Hema.  It's incredible and sounds so much like what happened on Grant St.  We live over 2/3s of a mile away and the pounding sounded like it was next door.

Empathetic,

Andy Friedlich

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[David L. Kaufman]

Has anyone actually complained to the building inspector or the police about violations of the town’s bylaws?

Even with a permit there are limits on hours of construction etc. The Town inspectors were not there for 12 hours per day, or over weekends and holidays. Document with recordings and maybe video the infractions.

David L. Kaufman, Precinct 3

“Stand for something or you will fall for anything. Today’s mighty oak is yesterday’s nut that held its ground.” —Rosa Parks

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[Dinesh Patel MD]

Honorable town members

This topic looks to me based on threading emails and citizens response is very hot and will require lots of time

Article 36 —- town meeting -

yes  long line 

no Less 

Question line in between 

Here is my suggestion

Can we request select board members or town manager  to think about having a task force like other task forces and bring this subject next fall meeting after getting the report 

Article 36  will come at next annual meeting and because of complexicity and to be innovative for such issue 

a task force may come about any how so why do not we propose now ahead of time ?

May or may not be possible but just a thought and may be the proponent may like this way as well?

It is important topic so we should find some acceptable solution 

Thanjs

Dinesh 

Precinct 6

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On Jan 21, 2020, at 7:19 PM, ajfriedl via LexTMMA <lex...@googlegroups.com> wrote:



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[andrei radulescu-banu]

Based on Sandra Mayo's letter, did the builder violated the noise bylaw, as it exists today?

https://ecode360.com/10535055#10535077

Noise pollution in the code is defined as 10dBA over the ambient noise level. On the dBA scale, a 10dBA increase is a doubling of the noise. Based on this scale, I should think ambient noise is the level of a normal conversation, 60dBA. The limit, then, I surmise is 70dBA - noise level of a busy street or a vacuum cleaner.

I wonder if the Town is really enforcing this bylaw, because the building commissioner was notified, in this case. Has the Town ever measured construction noise after a complaint? Do building inspectors, or Police, or the Fire Dept even have noise measuring tools? If the answer is 'no', then we have a non-functioning bylaw.

A lawn mower by the way is 90 dBA. The difference, however, is than lawn mowing takes 15-20 minutes every 2 weeks, not 12 hours a day. Strictly speaking, lawn mowers are too loud for the existing noise bylaw. But I don't think it was the intent of the bylaw to ban lawn mowers. Clearly the bylaw is not functioning in this instance either.

Andrei Radulescu-Banu, Pct 8

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==================================

Andrei Radulescu-Banu

86 Cedar St, Lexington MA
617.216.8509 (m), 781.862.5854 (h)

==================================

[Harry Forsdick]

First, I suspect that the vibration problems that people talk about may not be captured in a simple noise restriction.  For example, the problems with small gas engines on leaf blowers (which are probably covered) do not have not the earth-shaking vibration components (which might be passed over) which are also very disruptive to a person's health.

Second, I think an initial discussion at the Spring 2020 Town Meeting, followed up by a study between the Spring and Fall Town Meetings is the best approach to addressing this problem.  This concern is significant enough and complex enough that we shouldn't try to come up with a solution without a serious study.   We want to make sure that whatever changes are made to the bylaws can both solve the problem as well as standup under the inevitable challenges and loophole exploitations that will happen.  

One possible concern I have about postponing action on this issue at the Spring 2020 TM is that by announcing to the world that we are about to change the bylaw to be more restrictive, developers will rush to get grandfathered under the current bylaw.  So perhaps we should take up a bylaw change in the Spring 2020 TM, with the understanding that the study will happen so that another improved bylaw change can be brought before the Fall 2020 TM.

Regards,

-- Harry Forsdick

    Precinct #7

Harry Forsdick Lexington Photo Scanning Town Meeting Member Precinct 7 ha...@forsdick.com

46 Burlington St., Lexington, MA 02420 (781) 799-6002 (mobile) www.forsdick.com Click to see my other websites

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[David L. Kaufman]

The 90 db of the lawn mower, or a leaf blower, is measured for the effect on someone near it, like the operator, who might need to wear ear protection, and not 500 ft away, much less 2/3 of a mile. You are probably not bothered by someone mowing several streets away. It is the lawnmower next door that might bother you. 

Complaints about blasting are a bit different, since there is no effective way to prevent it from being quite loud, but it should not be prolonged for more than a few seconds once or twice per day, so that noise is probably averaged over some time period for the purpose of the by law. Chapter 80 linked below by Andrei is a general noise bylaw for repetitive or tonal noise, such as back up alarms, jack hammers etc, and heavy metal band practice but blasting has a different by law section that passed Town Meeting a few years ago, that I do not have time to research right now. In any case it is restricted as to the hours of operation.

David L. Kaufman, Pct 3

"Progress is man’s ability to complicate simplicity” -Thor Heyerdahl

[andrei radulescu-banu]

Our bylaw specifies a maximum, not a maximum average noise level over a period of time. Noise bylaws in other towns specify a maximum level of noise, overall, and sometimes a higher maximum level of noise over a small time interval. They do not specify a maximum average level of noise.

Also, these bylaws specify a distance, or a location relative to which noise is measured. Sometimes, these bylaws have specific construction/drilling/blasting tools or procedures that are banned, or permitted only with mitigation and additional review.

Whether any of these towns with noise bylaws get their noise level limits strictly enforced - that I don't know.

Andrei Radulescu-Banu, Pct 8

[Glenn Parker]

I have serious concerns about any residential construction project lasting over 2.5 years, and I write this as someone who spent 1.5 years building a fairly large and complicated residence here (including blasting).

What in the world is going on that they’re still working on this project? Do we need a bylaw that limits the total amount of time a construction can proceed without some kind of hiatus? And it’s not just about noise. Construction is disruptive in other ways, e.g. traffic, safety, not to mention aesthetics.

On 21 Jan 2020, at 18:24, Hema Bhatt wrote:

From: sandra mayo <sandra...@gmail.com>
Date: January 21, 2020 at 5:42:21 PM EST
To: Hpbha...@gmail.com
Subject: living next to a new house construction in Lexington

Hi Hema,
Please feel free to share this.
Thanks, Sandra

They are still building the house and the noise continues after two and a half years! I wish NOBODY goes through this hell. I’m happy to give more details and names if needed. Sandra Mayo 4 Lincoln Terrace

Glenn P. Parker, Pct. 3
glenn....@lexingtontmma.org

[Narain Bhatia]

I agree with Glenn and others. This is too long a hardship on the neighbor. The question is what is the remedy?

1.Can the PB  revoke, rescind or cancel the permit on the basis of unusual and extra ordinary public nuisance not disclosed or expected while granting the permit?

2. Does the noise by law apply here?

3. Should the Select Board support the lawsuit if filed by the aggrieved neighbor?

4. Should the Select Borad and/or  PB intervene to minimise the future damage by requiring date certain for completion, asking the builder to provide for alternate accommodation in a nearby good hotel?

5. Should Police Department issue injunction untill the matter is resolved to the satisfaction of town authorities.?

In over 45 years of my living in Lexington I have never seen such a case. I hope the town rises to the occasion.

Narain Bhatia

TMM

P3

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[Bob Creech]

I shared this project with our new Planning Director, Amanda, Loomis, and asked her to "put it on the list". I will get it on a Planning Board agenda - hopefully during the first half of Summer. I think that there are a number of things that we can discuss that relate to this project. The Board has not discussed it up until now.

Bob

Bob Creech Pct 7

Planning Board Chair
bobc...@aol.com

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[Tom Shiple]

I spoke to another resident on Lincoln Terrace this morning about the construction noise at 45 Lincoln Street.  He made a recording of the noise in his basement by laying his phone on the basement floor.  (The 13-second recording is attached as an MPEG audio file.)  You may have to turn up the volume a little, but you can distinctly hear the constant, rapid-fire, repetitive noise.

What's interesting is that the noise diminishes at higher levels in his house.  This is consistent with Ms. Mayo's statement that she found it impossible to work in the basement and had to move upstairs.  I think the conclusion is that this type of noise is more readily transmitted through the ground than it is through the air.  And consequently, it’s not sufficient to take noise measurements in peoples’ yards, but they also need to be taken in basements to get a more complete picture of the impact of the noise.  Related to this, I'm wondering if in addition to measuring noise in decibels, a separate measurement is needed for vibration/shaking.

Tom Shiple, Pct 9

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[ajfr...@aol.com]

What's becoming obvious is that the constant pneumatic pounding is the problem.  As the result of the noise created by the building of the two houses on Grant Street (by Hayes Lane), a misguided article was proposed to not allow blasting in Lexington.  The blasting was not the problem, it was the pneumatic pounding.  It went on for what seemed like a year.  While I live about 2/3s of a mile away, it sounded like it was next door.  Thus, it was both residents of Pct.s 5 and 6 that were impacted.  Hearing the 5 minute warning siren that they were going to blast, I drove to the end of Hayes Lane right across from the blasting site.  I saw them lay the blasting mats, then the 1 minuted warning and finally the blast.  All one could hear was a mild thump, the blasting mats were lifted a bit and I wasn't as impressed as I thought I'd be.

Given Lexington's blasting regulations are more stringent than the state's, blasting is quite safe.  Charges aren't detonated at the same time but sequentially to minimize the shock to abutting properties.  Additionally, provisions are in the regulations to protect abutters by video taping their homes both prior to and after the blasting.  In spite of the amount of ledge blasted, there was no damage to any of the homes around the site.

Consequently, what needs to be controlled is pneumatic pounding, not blasting.  I have little doubt that blasting is more expensive but so be it.  The developers have done very well by this town and I have no problem with increasing the cost of some of these new homes being built.  If such a regulatory change cut down on the amount of "mansionization", even better.  We'd be able to preserve some of the smaller houses in our housing stock, for as things have been going Lexington is becoming unaffordable  to so many younger couples.

Another issue we need to address is the changing of the topography of the properties where some of these new houses are being built and the impact on abutters.  But, that's a topic for another time.

Andy Friedlich

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[Bob Creech]

Tom,

Thanks for the additional information. As mentioned earlier, I think that there are a number of things that the Planning Board can discuss that relate to this project.

Bob

Bob Creech, Pct 7

Planning Board Chair
bobc...@aol.com

[Harry Forsdick]

Andy,

Excellent points for this discussion.

Another point is to note that the reason we are now experiencing this problem is that buildable land is disappearing.  In the past, land that was unbuildable included land with ledge -- which are precisely the properties being developed that are causing the complaints.  But with land prices increasing, now what used to be "unbuildable" (read too expensive to build on) suddenly look more attractive.

Here is a fable to further define the problem:

Many years ago, it was noticed that if we eliminate wetlands, then many flora and fauna species disappeared.  So, we enacted bylaws to protect wetlands by prohibiting building in those areas.  As an unintended consequence, we have many places in Lexington which are indirectly preserved as Open Space because they are wetlands.  Today, with the acceptance of wetlands, no one who owns such properties feels entitled to complain that their prosperity is being threatened by draconian bylaws prohibiting building on wetlands.

What if we viewed that preserving the normal low noise environment that is prevalent in most of Lexington is as important to our well being as preserving flora and fauna species threatened by building on wetlands?  

Unfortunately, there is one difference: most people never think that this problem will impact them.  They can't imagine someone building on a property next to them requiring pneumatic pounding to remove ledge.  By the time this sort of building starts, it is too late to prevent the use of certain forms of ledge removal.

This is why I support a change to the bylaws to limit the use of pneumatic pounding devices such as described here: https://saretteexcavation.com/ledge-hammering/.  

Note: As Andy's message indicates, this does not eliminate the possibility of permitting other techniques for removing ledge: short periods, restricted times, or other remedial methods.  It just addresses the annoyance of long periods of pounding ledge which results in vibrations being felt in (possibly wide) areas adjacent to the activity.

I do think there are degrees of nuisance of pneumatic pounding, and so a blanket prohibition of such techniques is inappropriate.  This is why I believe there ought to be:

1. An immediate hold until the end of the 2020 Fall Town Meeting on development using ledge pounding techniques.
   
   
2. A study activity started (with all stakeholders (Residents, Town Staff, Developers) represented) as a result of this 2020 Annual Town Meeting with a revised bylaw put forth at the 2020 Fall Town Meeting.

Regards,

-- Harry Forsdick

    Precinct #7

Harry Forsdick Lexington Photo Scanning Town Meeting Member Precinct 7 ha...@forsdick.com

46 Burlington St., Lexington, MA 02420 (781) 799-6002 (mobile) www.forsdick.com Click to see my other websites

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[Meg Muckenhoupt]

Here is a fable to further define the problem:

Many years ago, it was noticed that if we eliminate wetlands, then many flora and fauna species disappeared. 

Maybe that was the reason many years ago. Nowadays, though, one of the major reasons to preserve wetlands is that they store floodwater during heavy storms -- which are becoming more frequent and severe thanks to the climate crisis. Building on and filling in wetlands often means the neighbors end up with sewage in their basements during heavy storms, and that's one of the reasons there are laws about wetlands.

If you can specify similar economic destruction caused by ledge-pounding, you might have an easier time regulating it.

Meg Muckenhoupt  

 

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[Peggy]

Just a postscript to the conversation:  if you visit the 45 Lincoln site up close, you’ll see how much of the woodland  behind and next to Temple Isaiah is gone, scarificed to this very large building.  Not sure if the developers plan to replace trees in the large space in front of the building or build another house?  In any event, the loss of canopy when homes this large are built, or when developers build 5 houses where there used to be 1 (eg the plan for 109 Reed), ought also to concern us.  

Peggy Enders

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[Thomas, Ruth S]

It's time for developers to make their fortunes in other Boston suburbs.

They are inflating the price of land, our assessments, and property taxes.  For normal and real people, it is hard to stay in Lexington.

Ruth Thomas, 4

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From: lex...@googlegroups.com <lex...@googlegroups.com> on behalf of Peggy <peggy...@gmail.com>
Sent: Tuesday, January 28, 2020 1:06 PM
To: me...@post.harvard.edu <me...@post.harvard.edu>
Cc: Harry Forsdick <ha...@forsdick.com>; Andrew Friedlich <ajfr...@aol.com>; Bob Creech <bobc...@aol.com>; Town Meeting Members <lex...@googlegroups.com>

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[Vicki Blier]

Ruth~

I hope that you're not implying that people who have bought houses from developers are not "real and normal."
Because that would be against the Acceptable Use Policy of this List.

Vicki Blier

TMMA List Moderator

781-862-1804 Landline First

617-549-3207 Mobile

    

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[Narain Bhatia]

I feel sorry for Sandra Mayo occupant of 4 Lincoln Terrace who originally told her the suffering she is going through. Does any one in Town Government or TMMA have any suggestions on how to help her?  I suggested a few ideas in my earlier email but I am sure there are more knowledgeable and better persons in town; it will be nice if they come forward.

Narain Bhatia,

TMM

P3

[Thomas, Ruth S]

No, I did not intend that to be the meaning and I'm surprised you construed it that way.

I meant that our stock of affordable housing is rapidly being depleted and replaced by housing the middle, middle class can not afford either to buy or keep. 

Ruth Thomas, 4

---

From: Vicki Blier <v...@blier.net>
Sent: Tuesday, January 28, 2020 2:40 PM
To: Thomas, Ruth S <rth...@bu.edu>

Cc: Town Meeting Members <lex...@googlegroups.com>

[Michael Martignetti]

Hi Peggy,

I could be wrong, but I don’t believe that 45 Lincoln St. is a developer driven project.  I’m pretty sure that a family who plans on residing in the house purchased the 3+ acres of land, hired an architect and construction company and is solely responsible for everything happening on that site, including the tree clearing and ledge disposal.  Some on our TMM List have unfairly demonized builders and that practice is needless.  Thanks you Vicki for calling out Ruth for her comments.  

The myth that builders/developers are treated in favor of residents by Town Boards/Committees or Departments is false.  Lexington has strict zoning/development regulations which are carefully adhered to by the development community, when not, a swift stop work order and penalties often follow.  The family developing 45 Lincoln St. must have also followed the same Town zoning/development regulations as builders/developers have too, so they are not at fault either. 

We can change our zoning bylaws as we wish, within the laws of the Commonwealth, so please stop demonizing those who simply follow the rules.  I would suggest that if we want to further restrict the property rights of individuals, that we fully understand the ramifications and know that if you do drastically restrict the present zoning bylaws that you might shoot yourself in the foot if you want to tear down your own house or build an addition to your home.

Michael Martignetti

Precinct 3 TMM

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Michael Martignetti
37 Barberry Road
Lexington, MA 02421
781-862-1979
martignet...@gmail.com

[David L. Kaufman]

I suspect that one culprit in the need to excavate ledge extensively, expensively,  and noisily, is the current zoning law which limits the number of stories above ground so you want/need to have more space below ground level for your MaxiMansion, its cellar TV viewing room & kiddie rumpus room, and its garage. 

Another reason might be the need to have storm water storage on site to comply with the zoning and NPDES (National Pollutant Discharge Elimination System) rules about that and ”mitigating” of impervious surfaces. 

 

David L. Kaufman, Precinct 3

"Progress is man’s ability to complicate simplicity” -Thor Heyerdahl

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[Wendy R.]

Constant pounding must be some sort of jack hammering.  The length of time that this has gone on in the cases sited must mean that there was a very significant amount of change to the structure of the ground conditions. Maybe we need to focus on how much change it makes sense to permit on a site and if it is over a certain amount, design some oversight to the methods allowed.

Putting something where it really did not belong by removing large amounts of rock, etc. has other negative affects as well.  We need to re-examine the blasting and jack hammering regulations and the amount of destruction involved in cases where it will be above what is normally expected.

The responsibility is ours to make fair zoning and building method rules that are fair to all, including the builders. As Michael wrote, they are just following the rules, our rules. It looks as if we have some work to do. I think the builders should be involved in the drafting of new regulations. I am sure there is a useful middle ground somewhere in all this.

Wendy Reasenberg

TMM Precinct 8

https://groups.google.com/d/msgid/lextmma/A73E2CAF-7438-4CE8-9583-78B711CEB4DC%40gmail.com

.

[Bob Creech]

Replying to a couple of comments. Yes, the permits seem to point to a homeowner driven project. I guess that no builder would build a house this size on spec. Chapter 135 regarding Dimensional Controls allows for this on a 30,000+ sf lot:  Gross Floor area of 9,350 sf plus .16 * (Lot Area - 30,000). The Lot is 3.34 acres or about 145,490 sf. The house could have been much larger under current rules. Attached is the GFA calculation on file in July 2018. I don't know if it has changed since then.

Bob

Bob Creech

Planning Board Chair
bobc...@aol.com

-----Original Message-----
From: David L. Kaufman <davidl...@rcn.com>
To: Town Meeting Members <lex...@googlegroups.com>
Cc: Bob Creech <bobc...@aol.com>
Sent: Tue, Jan 28, 2020 4:50 pm
Subject: Re: [LexTMMA]Further unintended consequences of living next to a new house construction in Lexington -

I suspect that one culprit in the need to excavate ledge extensively, expensively,  and noisily, is the current zoning law which limits the number of stories above ground so you want/need to have more space below ground level for your MaxiMansion, its cellar TV viewing room & kiddie rumpus room, and its garage. 

Another reason might be the need to have storm water storage on site to comply with the zoning and NPDES (National Pollutant Discharge Elimination System) rules about that and ”mitigating” of impervious surfaces. 

 

David L. Kaufman, Precinct 3

"Progress is man’s ability to complicate simplicity” -Thor Heyerdahl

On Jan 28, 2020, at 11:27 AM, Harry Forsdick <fors...@gmail.com> wrote:

Andy,

Excellent points for this discussion.

Another point is to note that the reason we are now experiencing this problem is that buildable land is disappearing.  In the past, land that was unbuildable included land with ledge -- which are precisely the properties being developed that are causing the complaints.  But with land prices increasing, now what used to be "unbuildable" (read too expensive to build on) suddenly look more attractive.

Here is a fable to further define the problem:

Many years ago, it was noticed that if we eliminate wetlands, then many flora and fauna species disappeared.  So, we enacted bylaws to protect wetlands by prohibiting building in those areas.  As an unintended consequence, we have many places in Lexington which are indirectly preserved as Open Space because they are wetlands.  Today, with the acceptance of wetlands, no one who owns such properties feels entitled to complain that their prosperity is being threatened by draconian bylaws prohibiting building on wetlands.

[Glenn Parker]

Although I agree that there is a reason to examine jackhammering in construction, I would be wary of using implied value judgements, e.g. “putting something where it really did not belong”. I mean, by such a metric there are many things we enjoy that “don’t belong”, like Route 2 and Boston’s Back Bay, not to mention modern sewer systems and subways. As always, it’s a matter of tradeoffs between the rights of property owners versus the impact on neighbors and the town.

I think we should consider long-term factors such as: drainage, erosion, and disturbance to sensitive ecosystems. We already have some conservation-oriented regulations in place for some of that, but it seems nobody was prepared to regulate a small-scale mining operation on a residential lot. We also need reasonable limits on short-term disturbances, such as hammering noise/vibration, impediments to vehicle traffic, seismic impact (blasting), etc. As Andy noted, there are already strong controls on blasting, and I doubt blasting, per se, is the source of much concern.

My primary concern remains the overly long duration of the project. I think neighborhoods can tolerate a lot of discomfort if they correctly understand the timeline up front. Right now, we have a real life situation where the neighborhood is suffering and nobody can say “stop”. It could happen again if we don’t act, but I wonder if proponents for either of the noise control warrant articles are prepared to address the time-scale of a construction project as a core issue.

On 28 Jan 2020, at 18:00, 'Wendy R.' via LexTMMA wrote:

Constant pounding must be some sort of jack hammering.  The length of time that this has gone on in the cases sited must mean that there was a very significant amount of change to the structure of the ground conditions. Maybe we need to focus on how much change it makes sense to permit on a site and if it is over a certain amount, design some oversight to the methods allowed.
Putting something where it really did not belong by removing large amounts of rock, etc. has other negative affects as well.  We need to re-examine the blasting and jack hammering regulations and the amount of destruction involved in cases where it will be above what is normally expected.
The responsibility is ours to make fair zoning and building method rules that are fair to all, including the builders. As Michael wrote, they are just following the rules, our rules. It looks as if we have some work to do. I think the builders should be involved in the drafting of new regulations. I am sure there is a useful middle ground somewhere in all this.

Wendy ReasenbergTMM Precinct 8 On Tuesday, January 28, 2020, 04:25:57 PM EST,

Michael Martignetti <martignet...@gmail.com> wrote:

Hi Peggy,
I could be wrong, but I don’t believe that 45 Lincoln St. is a developer driven project.  I’m pretty sure that a family who plans on residing in the house purchased the 3+ acres of land, hired an architect and construction company and is solely responsible for everything happening on that site, including the tree clearing and ledge disposal.  Some on our TMM List have unfairly demonized builders and that practice is needless.  Thanks you Vicki for calling out Ruth for her comments.  
The myth that builders/developers are treated in favor of residents by Town Boards/Committees or Departments is false.  Lexington has strict zoning/development regulations which are carefully adhered to by the development community, when not, a swift stop work order and penalties often follow.  The family developing 45 Lincoln St. must have also followed the same Town zoning/development regulations as builders/developers have too, so they are not at fault either. 
We can change our zoning bylaws as we wish, within the laws of the Commonwealth, so please stop demonizing those who simply follow the rules.  I would suggest that if we want to further restrict the property rights of individuals, that we fully understand the ramifications and know that if you do drastically restrict the present zoning bylaws that you might shoot yourself in the foot if you want to tear down your own house or build an addition to your home.
Michael MartignettiPrecinct 3 TMM