Ten-lux limit advances as committee excludes town parks from lighting bylaw

Key Points

  • Committee votes to remove town and state parks from light trespass protections
  • Chair breaks tie-vote to keep safety exceptions for motion-activated lights
  • Proposed bylaw sets a 10-lux limit for light spilling onto residential properties
  • Fine structure amended to require inspector re-determination before penalties escalate
  • Town to fund member attendance at state finance training for healthcare and budget sessions

The Warrant Committee moved to narrow the scope of a proposed lighting bylaw on Monday, voting to exclude town and state parks from protections against light spillover. The decision came during a technical review of Article XX, a general bylaw that seeks to establish a 10-lux limit on light trespassing onto residential property. While the original intent of the bylaw was partially driven by a desire to preserve the darkness of Milton’s open spaces, a majority of the committee favored a version focused strictly on residential property rights to ensure the measure passes at Town Meeting.

Member Nick, who led the presentation of the research, argued that the town should take a conservative approach with the new regulations. In my mind, this is a new bylaw for Milton. I think we should be more permissive and if we need to... increase the standards in a year's time... that's a lot easier than trying to become more permissive later, he said, adding that the bylaw should prioritize protecting individuals and their property rights and not about protecting wilderness and wildlife. Motion Made by Nick to amend the language by striking the words "town parks or state parks" from the trespass definition. Motion Passed (7-4-1), with members Larry Johnson, Brian Magcguire, Lee Michael Mlan, and Cecile Yang in opposition.

The exclusion of parks drew sharp criticism from committee members who viewed it as a retreat from the article's core purpose. If we make this sort of toothless as it comes to conservation land, I mean, then we’re going to have a big problem at town meeting because that was the original purpose, L. Mlan warned. Chair Jay Funley, who abstained from the vote, echoed the concern regarding the public’s expectations. This town is passionate about its parks... I think if we bring it to town meeting and don’t address that, they’ll wonder what we’ve been drinking, Funley said.

The committee also split deeply over a proposed exception for motion-activated lighting. L. Mlan argued that the exception created a significant loophole for neighbors to bypass brightness limits, stating, There’s no reason to have an exception for a motion light that says as long as it’s temporary. It can literally go on and off all night long. However, other members raised concerns about resident safety and visibility for late-shift workers. J. Funley cited the needs of a healthcare worker who works at the hospital until midnight, noting that he would not want to prevent residents from illuminating a pathway for safety. Motion Made by L. Mlan to strike section 5 (the motion sensor exception) from the article. Motion Failed (5-5-1) after J. Funley cast a tie-breaking "no" vote. To mitigate concerns about potential abuse, the committee unanimously agreed to tighten the language. Motion Made by Nick to change the wording to "incidental and limited nuisance" and remove the phrase "but otherwise complies with this bylaw." Motion Passed (11-0-1).

Technical details regarding the enforcement and appeals process also drew scrutiny. Brian Magcguire and Cecile Yang raised questions regarding the term lengths and decision-making authority of a proposed three-member appeals committee to be appointed by the Select Board. Select Board Chair Ben Zola provided feedback on the structure, noting that while the Select Board had not yet seen the final draft, they were generally favorable toward the appeals process. The select board won't be able to meet again before this goes to print... the feedback that I offer you now is the feedback from the select board, Zola told the committee. Motion Made by R. Tang to replace the word "continues" with "is redetermined" regarding the accrual of fines. Motion Passed (11-0-1).

In addition to the bylaw debate, J. Funley addressed a procedural matter from the previous week, clarifying that a prior motion intended to prevent future amendments was not legally valid and would not set a precedent for the committee’s work. Cutting to the chase, that’s not a legal motion, Funley stated. He also highlighted an upcoming financial training opportunity, noting that the town has the budget to send himself and up to three other members to the Massachusetts Association of Finance Committees annual meeting on October 18th. Funley noted the training would cover critical topics including Town Finance 101 and employee healthcare costs, encouraging members to attend if they can spare a Saturday.

Following the various amendments, the committee issued its formal recommendation for the upcoming Town Meeting. Motion Made by Nick to recommend the Lighting Bylaw Article as amended to Town Meeting. Motion Passed (11-0-1). The committee also cleared a backlog of administrative tasks, including several months of past meeting minutes. Motion Made by M. Lee to approve minutes for January 21, 22, 23; February 3, 5, 10, 12, 18; and May 19, 2025. Motion Passed (6-0-6).