[Town Meeting] Warrant Article 17 Revised Substitute Motion/ Lighting

[Lee Ellis]

---------- Forwarded message ----------
From: cynthia tollen <ctollen at hotmail.com>
Date: May 8, 2005 6:48 PM
Subject: Revised Substitute Motion/ Lighting
To: ctollen at hotmail.com

Dear Town Meeting Member,

 Here is the first draft of a suggested Substitute Motion regarding
outdoor lighting to replace Warrant Article 17.

   "It is the intention of this article to regulate the use of lighting so
as not to unduly inconvenience abutters by having light shining directly
into their windows or onto their properties.  In all residential
neighborhoods all outdoor lighting, including but not limited to,
floodlighting or decorative lighting, or lighting primarily designed to
illuminate walks, driveways, outdoor living areas, or outdoor recreational
facilities,  except for temporary holiday lighting, shall be continous,
indirect, and installed in a manner that will prevent direct light from
shining onto any street or adjacent property.Motion sensor lighting shall
be installed in a manner such that it is not activated by movement on an
adjoining property."

NOTES::

 In an effort to determine if a bylaw regulating outdoor lighting in
residential areas in Arlington would be difficult or overwhelming to
enforce, I spoke to officials from surrounding towns whose responsiblity it
is to enforce similar laws in their town. All of the officials I spoke to
told me that enforcement was not difficult  nor burdensome.

     From a memo by John Maher, Town Counsel, March 1, 2005 , regarding
Warrant Article 17,
"Frequently, when there are special permit requests to the Redevelopment
Board or the Zoning Board of Appeals a condition is placed upon the special
permit to regulate the use of lighting so as not to unduly inconvenience
abutters by having the light shine into their properties."

 In addition, Arlington already does have a bylaw regulating outdoor
lighting in commerical areas. Any driveway with five or more spaces is
similarly regulated, ie, that lighting must be kept on the property from
which the lighting is originating.  Lighting must be installed in a manner
such that it does not infringe on neighboring properties.  This motion
attempts to give abutters some protection from light trespass onto their
properties.

 The following are some notes I took:

 Cambridge: Sean O'Grady, Building Inspector 617-349-6100 In five(5)
years of enforcement, he has only had to go to court 2 or at the most, 3
times. Procedure is : Once a complaint is made to the building
department ,the offender is contacted. Most people comply right away,
they want to conform to the ordinance. If there is still no
compliance, inspector goes to the property to remind them, and if they
do not comply after the second time, the town can go to court to order
a cease and desist. Complaintant can provide photos with the complaint
. System ACTUALLY SAVES POLICE TIME because process is done through
building department and saves calls to police in responding to
neighborhood complaints.

 Watertown: (not contiguous but similar to Arlington): Ken Thompson,
Building Inspector, 671-972-6480. "Not many complaints, only 1 in the
last year. Most people want to be a good neighbor. 99.9% don't realize
there is a problem, but when contacted by building inspector, most get
the message and fix the problem after first contact. Most people want
to be treated by their neighbors the way they would like to be
treated. They also don't want to be in direct violation of town
bylaws, which is a civil violation. Inspections are done during day
because it's easy to see from the way a light is installed if it would
be shining light incorrectly or is objectionable. "

I have calls in to these towns, also, because they do have lighting
regulations. Lexington is much more complicated.

 Winchester:: Has regulations in the commercial area, none in
residential.

 Lexington :  Has more complicated laws regarding outdoor lighting in
residential areas.

 Belmont : Has complicated laws regarding outdoor lighting.

 Plymouth Has very precise and complicated bylaws.

     I would like to  hear from you regarding the reworked motion.  I need
your input to see that all parties' concerns are addressed.  Thanks
very much for your help and interest.  You can also call me at
781-64-4052.  Let it ring a long time, and if you have to, please
leave a voicemail message.

Cindy Tollen