HomeMy WebLinkAbout2016-03-21-ATM-STM2-STM3-STM4-min March 21,2016 Annual Town Meeting
Moderator Deborah Brown called the 2016 Annual Town Meeting to order at 7:30 p.m.,
Monday,March 21,at the Margery Milne Battin Hall in the Cary Memorial Building, 1605
Massachusetts Avenue.A quorum in excess of 100 members was present.The William Diamond
Fife and Drum Corps led the Lexington Minutemen to post the colors,followed by the playing of
the National Anthem.
Town Clerk,Nathalie L.Rice,read the Warrant for Annual Town Meeting until waived.The
Town Clerk read the Constable's Return of Service.
The Moderator made announcements and called for the testing of the electronic voting units with
the intention of using the voting units for the remainder of the 2016 March Annual Town
Meeting sessions. She welcomed new Town Meeting Members.
7:43 p.m. The Moderator declared Annual Town Meeting open under Article 2.
ARTICLE 2: ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN
BOARDS AND COMMITTEES
MOTION: That Barry Orenstein be approved as Deputy Moderator.
7:43 p.m.The Moderator expressed her appreciation to former Deputy Moderator Deborah
Strod,and moved that Barry Orenstein be approved as new Deputy Moderator.Unanimously
Adopted.
7:45 p.m. The Moderator declared the Annual Town Meeting to be in recess.
March 21,2016 Adjourned Session of February Special Town Meeting#2(2016-2)
Moderator Deborah Brown called to order the adjourned session of 2016 Special Town Meeting
#2 at 7:45 p.m.,Monday,March 21,2016,at the Margery Milne Battin Hall in the Cary
Memorial Building, 1605 Massachusetts Avenue,a quorum in excess of 100 members present.
7:46 p.m. Selectman Joseph Pato moved to adjourn the February Special Town Meeting#2
to April 11,2016 at 7:30 p.m.at the Margery Milne Battin Hall in the Cary Memorial Building.
Motion Adopted.
March 21,2016 Special Town Meeting#3(2016-3)
Moderator Deborah Brown called to order 2016 Special Town Meeting#3 at 7:46 p.m.,Monday,
March 21,2016,at the Margery Milne Battin Hall in the Cary Memorial Building, 1605
Massachusetts Avenue,a quorum in excess of 100 members present.
Town Clerk,Nathalie L.Rice,read the Warrant for Special Town Meeting#3 until waived. The
Town Clerk read the Constable's Return of Service.
Moderator Deborah Brown made announcements and discussed parliamentary procedures.
7:58 p.m.The Moderator declared Special Town Meeting#3 open under Article 2.
7:58 p.m. Presented by William Hurley,Chair,School Committee.
ARTICLE 2: APPROPRIATE FOR MIDDLE SCHOOLS—ADDITIONS AND
REMODELING
MOTION: a)That the Town appropriate$4,105,000 to pay costs of remodeling,
reconstructing and making extraordinary repairs to the Jonas Clarke and William
Diamond Middle Schools,located at 17 Stedman Road and 99 Hancock Street,
respectively,including the payment of costs of architectural and engineering
services,original equipment and landscaping,paving and other site improvements
incidental or directly related to such remodeling,reconstruction or repair;and that
March 21,2016Special Town Meeting#3(2016-3),cont...
to meet this appropriation,the Treasurer,with the approval of the Board
Selectmen,is authorized to borrow$4,105,000 under M.G.L. Chapter 44, Section
7(3A),or any other enabling authority;and
b)That the Town appropriate$58,092,200 to pay costs of additions,
remodeling,reconstructing and making extraordinary repairs to the Jonas Clarke
and William Diamond Middle Schools,located at 17 Stedman Road and 99
Hancock Street,respectively,including the payment of costs of architectural
and engineering services,original equipment and landscaping,paving and other
site improvements incidental or directly related to such additions,remodeling,
reconstruction or repair;that to meet this appropriation,the Treasurer,with the
approval of the Board Selectmen,is authorized to borrow$58,092,200 under
M.G.L.Chapter 44, Section 7(3A),or any other enabling authority,provided
that no sums shall be borrowed or expended pursuant to this vote unless the
Town shall have voted to exclude the amounts needed to repay any borrowing
pursuant to this vote from the limitations on the property tax levy imposed by
Chapter 59, Section 21C of the General Laws(otherwise known as Proposition
2'/2).
7:58 p.m. Mr.Hurley introduced the School Committee's Report and thanked all involved.
He asked to have Mr.Patrick Goddard,Director of Facilities,recognized to present the School
Committee's Report under Article 2.
8:01 p.m. Mr.Goddard presented the School Committee's Report,discussing value
engineering,peer review,existing conditions,proposed site plans and designs,and scheduling.
8:15 p.m. Selectman Joseph Pato moved to receive the Town Manager's Report on
Article 2.Unanimously Adopted.
8:15 p.m. The Moderator recognized Mr. Carl Valente,Town Manager,who presented a
funding plan for the appropriation under Article 2,outlining taxpayer impacts and proposed
mitigation through the use of the capital stabilization fund.
8:26 p.m. Mr.Hurley reported unanimous support of the School Committee.
8:26 p.m. Selectman Suzanne Barry made a brief statement and reported unanimous support
of the Board.
8:27 p.m. Jill Hai,Chair,Capital Expenditures Committee,made a brief statement of
support and reported unanimous support of the Committee for both sections of the motion.
8:28 p.m. Glenn Parker,Chair,Appropriation Committee,reported unanimous support of
the Committee,stating the Committee was pleased to see the use of the capital stabilization fund
to mitigate the impact on taxpayers.
8:28 p.m. The Moderator declared Article 2 open for debate.
8:29 p.m. Dawn McKenna,Pct. 6,questioned access issues regarding the Diamond Middle
School.Mr.Hurley responded.Ms.McKenna also questioned the opportunity for future public
input.Mr.Goddard responded.
8:34 p.m. Steve Heinrich,Pct.3,posed questions on"value engineering"with specific
interest in HVAC systems.Mr.Goddard responded,and answered questions related to the larger
issue of energy savings.
8:41 p.m. Elaine Ashton,Pct. 1,questioned other options for cost savings in the"out years"
after 2020.Mr.Goddard noted that possible options included examining team size and adjusting
class schedules.
8:42 p.m. Margaret Counts-Klebe,Pct. 6,asked if a financial impact statement had been
prepared for the option of renovating the middle schools.Mr.Valente,Town Manager,replied in
the negative.
8:47 p.m. Nicola Rinaldi, 19 Garfield Street,and a parent of a child in the Hastings School,
urged support.
8:50 p.m. Members questioned the elements of the project that had been cut to achieve costs
savings.Mr.Goddard responded.
8:51 p.m. Mr.Weiss,Pct.5,stated support for special education programing.Members also
discussed Lexington High School and plans for its renovation/reconstruction.
9:04 p.m. David Kanter,Pct. 7,moved the question.Motion Adopted.
March 21,2016Special Town Meeting#3(2016-3),cont...
9:05 p.m. Following electronic vote tallying,the Moderator declared Article 2 Adopted by
more than the necessary two-thirds by a vote of:
Yes No Abstain
152 2 4
9:06 p.m. Presented by Selectmen Joseph Pato.
ARTICLE 3: PEG ACCESS AND CABLE RELATED FUND ACCEPTANCE
MOTION: That this article be indefinitely postponed.
9:06 p.m. Following a voice vote,the Moderator declared Article 3 Unanimously Adopted.
9:07 p.m. Selectman Pato moved to dissolve Special Town Meeting#3.Motion Adopted.
A true copy.
Attest:
Nathalie L.Rice
RECORDS OF ELECTRONIC VOTING FOR SPECIAL TOWN MEETINGS ARE SHOWN WITHIN THE
VOTING RECORDS FOR THE 2016 ANNUAL TOWN MEETING
March 21,2016 Annual Town Meeting(continued)
Moderator Deborah Brown called the March 21,2016 session of the 2016 Annual Town Meeting
back to order at 9:09 p.m.
9:09 p.m. Presented by Rita Goldberg,Pct.2,Cary Lecture Series.
ARTICLE 3:APPOINTMENTS TO CARY LECTURE SERIES
MOTION: That a committee of four be appointed by the Moderator to
have the charge of the lectures under the wills of Eliza Cary Farnham and
Suzanna E. Cary for the current year.
9:13 p.m. Ms.Goldberg moved the Committee's Report be received and placed on file.
Unanimously Adopted.Ms.Goldberg reported on the lectures in the previous year,thanking all
involved.
9:17 p.m. Selectman Joseph Pato moved Article 3.Motion Adopted.
9:17 p.m. Following a voice vote,the Moderator declared Article 3 Unanimously Adopted.
9:17 p.m. Selectman Pato moved to take up Article 27.Unanimously Adopted.
9:18 p.m. Presented by Selectman Suzanne Barry.
ARTICLE 27: ESTABLISH QUALIFICATIONS FOR TAX DEFERRALS
MOTION: That the maximum qualifying gross receipts amount for property tax deferrals
under Clause 41A of Section 5 of Chapter 59 of the Massachusetts General Laws
and Chapter 190 of the Acts of 2008 be raised to$70,000,beginning in fiscal year
2017.
9:19 p.m. Selectman Suzanne Barry moved Article 27 and presented a brief report. She
asked the Moderator to recognize Vicki Blier,Pct.9,who presented a study
committee's report on the benefits of tax deferrals and referenced a nine-page
Assessor's brochure on the subject.
9:23 p.m. Ms.Barry reported the unanimous support of the Board of Selectmen.
9:23 p.m. Glenn Parker,Chair,Appropriation Committee,reported unanimous support of
the Appropriation Committee.
9:25 p.m. Members questioned Ms.Blier about the administration of the tax deferral
program.
9:32 p.m. David Kanter,Pct. 7,moved the question.Motion Adopted.
March 21,2016 Annual Town Meeting,cont...
9:32 p.m. Following electronic vote tallying,the Moderator declared Article 27 Adopted,
by a vote of:
Yes No Abstain
156 0 2
9:33 p.m. Presented by Selectmen Joseph Pato.
ARTICLE 28: ACCEPT CHAPTER 59,SECTION 2D OF THE MGL(CITIZEN
ARTICLE)
MOTION: That this article be indefinitely postponed.
9:33 p.m. Mr.Pato moved to indefinitely postpone.
9:34 p.m. Gloria Bloom,Pct.4,and sponsor of the article,explained the reason for the
indefinite postponement.
9:34 p.m. In brief comments on the article,Mr.Pato referred to the formation of a study
committee on the matter.
9:35 p.m. Glenn Parker,Chair,Appropriation Committee,stated no objection to the
indefinite postponement.
9:35 p.m. Following a voice vote,the Moderator declared Article 28 Unanimously
Adopted.
9:35 p.m. Presented by Marilyn Fenollosa,member,Historic Districts Commission.
ARTICLE 30: AMEND GENERAL BYLAWS—DEMOLITION OF BUILDINGS
MOTION: That Chapter 19 of the Code of the Town of Lexington,Buildings,Demolition of,
be amended as follows:
1. By deleting from the title of Article I the words"Outside of Historic
Districts".
2. By deleting the first sentence of§ 19.1 and substituting therefor the following:
This bylaw is enacted for the purpose of preserving and protecting significant
buildings within the Town,especially those which are outside Historic
Districts,and to encourage owners of such buildings to seek out persons who
might be willing to purchase,preserve,rehabilitate or restore such buildings
rather than demolish them.
3. By deleting from § 19.2 the definition of"Commission"in its entirety and
substituting therefor the following:
COMMISSION
Except as otherwise provided in Section 19-4,the Lexington Historical
Commission.
4. By adding two new definitions,reading in their entirety as follows:
HISTORIC DISTRICTS
Historic Districts as defined in Chapter 447 of the Acts of 1956,as amended.
HISTORIC DISTRICTS COMMISSION
The Historic Districts Commission established pursuant to Chapter 447 of the
Acts of 1956,as amended."
5. By amending the definition of"Significant Building"by deleting the word
"Any"at the beginning thereof and substituting therefor the words"Except as
otherwise provided in Section 19-4,any"
6. By deleting§§ 19.4 and 19.5 in their entirety and substituting therefor the
following:
March 21,2016 Annual Town Meeting,cont...
§19-4.Demolition by neglect.
A. The term"Commission"as used in this§ 19-4 shall mean the Lexington
Historical Commission or,with respect to buildings within any of the
Town's Historic Districts,the Historic Districts Commission.
B. The term"Significant Building"as used in this§ 19-4 and in§ 19-5 shall
include Significant Buildings both without and within the Town's Historic
Districts.
C. If the Commission has reason to believe,through visual inspection or
other means,that a significant building may be undergoing demolition by
neglect,then the Commission shall notify the Building Commissioner and
the owner,and the Commission and the Building Commissioner shall
jointly hold a public hearing to i)confirm whether or not the building is a
significant building and ii)determine whether or not it is undergoing
demolition by neglect,which shall require the concurrence of the Building
Commissioner.In furtherance of determining its condition,the
Commission may,at any time,request an inspection of the building by the
Building Commissioner.
D. If the Commission and the Building Commissioner both determine that the
building is undergoing demolition by neglect,the Commission and the
Building Commissioner shall attempt to negotiate a voluntary agreement
with the owner for appropriate and timely repairs sufficient to structurally
stabilize the building and/or prevent further deterioration.
E. In the event that the Commission and the Building Commissioner both
determine that they are not able to negotiate such an agreement with the
owner,for any reason,or that the owner has agreed to undertake but has
failed to satisfactorily complete such repairs in a timely manner,then the
Commission and the Building Commissioner may take such action as is
permitted under§ 19-5,including seeking a court order that specific
repairs be undertaken to secure the building against the elements,vandals
and vermin,to halt further deterioration,and to stabilize it structurally.
The Commission may forbear from commencing an action in court for any
reason.
F. Upon completion of all repairs that have been agreed upon between the
owner and the Commission and the Building Commissioner or that have
been ordered by the Commission and the Building Commissioner,or that
have been ordered by the court,and upon certification by the Building
Commissioner that said repairs have been completed,the Commission
shall certify that the building is no longer undergoing demolition by
neglect.
§19-5.Enforcement and remedies.
A. The Commission and the Building Commissioner are each authorized to
institute any and all proceedings in law or equity as they deem necessary
and appropriate to obtain compliance with the requirements of this bylaw,
or to prevent a violation thereof. The Historic Districts Commission is,in
addition,authorized to institute any such proceeding to obtain compliance
with§§ 19-4 and 19-5B and 19-5C of this bylaw.
B. No building permit shall be issued with respect to any premises upon
which a significant building has been voluntarily demolished in violation
of this bylaw for a period of two years after the date of the completion of
such demolition or the date by which the Commission or the Historic
Districts Commission,as applicable,and the Building Commissioner both
have determined that a building is undergoing demolition by neglect,
whichever date is later,except pursuant to the issuance of a building
permit pursuant to an agreement reached under§ 19-4B herein,or as
otherwise agreed to by the Commission or Historic Districts Commission,
as applicable.As used herein"premises"includes the parcel of land upon
which the demolished significant building was located.
C. Upon a determination by the Commission or the Historic Districts
Commission,as applicable,that a building is a preferably-preserved
March 21,2016 Annual Town Meeting,cont...
significant building,the owner shall be responsible for properly securing
the building if vacant,to the satisfaction of the Building Commissioner.
Should the owner fail so to secure the building,the loss of such building
through fire or other cause shall be considered voluntary demolition for
the purposes of Subsection B of this section.
9:35 p.m. Ms.Fenollosa asked to have Lynne Hopkins,Chair of the Historical Commission,
recognized.
9:35 p.m. Ms.Hopkins explained that the intent of the article was to address demolition by
neglect,which she reported was a method of circumventing the Demolition Delay Bylaw.The
proposed changes to Chapter 19 of the Bylaw would address historic structures outside Historic
Districts. She stated neglect of such historic structures can contribute to lowering property values
and creating safety issues.
9:40 p.m. Selectman Joseph Pato reported unanimous support of the Board of Selectmen.
9:40 p.m. Marilyn Fenollosa,member and speaking on behalf of the Historical Commission,
reported unanimous support of the Commission.
9:41 p.m. Ms.Hopkins answered questions related to neglected homes owned by residents
in health care facilities.
9:44 p.m. Nancy Corcoran-Ronchetti,Chair,Planning Board reported the support of the
Planning Board.
9:45 p.m. John Bartenstein,Pct. 1,speaking as a Town Meeting member,urged support.
9:46 p.m. Following electronic vote tallying,the Moderator declared Article 30 Adopted,
by a vote of:
Yes No Abstain
147 2 7
9:48p.m. Selectman Joseph Pato moved adjournment to Wednesday,March 23,2016,
7:30 p.m.,at the Margery Milne Battin Hall in the Cary Memorial Building, 1605 Massachusetts
Avenue.Motion Adopted.
A true copy.
Attest:
Nathalie L.Rice
March 23,2016 Adjourned Session of the 2016 Annual Town Meeting
Moderator Deborah Brown called the second session of the 2016 Annual Town Meeting to order
at 7:30 p.m.,Monday,March 23,at the Margery Milne Battin Hall in the Cary Memorial
Building, 1605 Massachusetts Avenue,a quorum in excess of 100 members present.
The Moderator made announcements and called for the testing of the electronic voting units. She
then called a brief recess to recognize Town Manager,Carl Valente.
7:35 p.m. Town Manager,Carl Valente announced the retirement of William Hadley,
Director of Public Works and praised his many accomplishments.Mr.Hadley's colleagues
joined him in front of Town Meeting.Mr.Hadley thanked his staff,Lexington's many boards
and committees,Town Meeting and all those with whom he had the pleasure of working.
7:52 p.m. The Moderator called the Annual Town Meeting back to order under Article 35.
7:52 p.m. Presented by Andrew Friedlich,Pct.5.
ARTICLE 35: LEXPRESS RESOLUTION(CITIZEN ARTICLE)
MOTION: Resolved that the Town of Lexington be instructed to take such steps as necessary
to ensure that every resident shall have access to an existing Lexpress route that is
less than one mile if level,and less than three quarters of a mile if uphill to either
arrive or depart onto the bus.
7:52 p.m. Mr.Friedlich asked the Moderator to recognize Roy Glasser,32 Tyler Road,
article sponsor.Mr.Glasser presented,noting a lack of Lexpress service to his
neighborhood.He asked for affirmation of equal access for all residents.
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
7:56 p.m. Selectmen Joseph Pato reported support for Lexpress,but said the Board had no
position on the article.He noted that most residents have service with Lexpress or
the MBTA within a half mile of their residences.
7:57 p.m. Nancy Corcoran-Ronchetti,Chair of the Planning Board,reported lack of support of
the Board in a(0-4)vote.
7:57 p.m. Hank Manz,Pct.9,Co-Chair of the Transportation Advisory Committee,reported
that the article was not fully developed and stated no comment by the Committee.
Speaking as member of Town Meeting,not as a member of the Committee,he noted
that the recommendations in the article would cost roughly$150,000 and felt such
costs were not warranted.
8:01 p.m. David Kanter,Pct. 7,stated that the motion included no mechanical,financial or
operational information regarding feasibility,and therefore was inappropriate to
support.
8:02 p.m. Mr.Glasser responded briefly to comments.
8:03 p.m. The Moderator called the question.
8:04 p.m. Following electronic vote tallying,the Moderator declared Article 35 Not Adopted,
by a vote of:
Yes No Abstain
11 128 15
ARTICLE 2: REPORTS OF TOWN BOARDS AND COMMITTEES
8:05 p.m. Selectman Joseph Pato moved that the Report of the Town Manager be received and
placed on file.Unanimously Adopted.
8:05 p.m. Town Manager,Carl Valente,presented his Report.He highlighted a theme of
cautious financial planning and presented an overview of the FY17 budget.He discussed the use of
capital stabilization funds to mitigate tax impacts,noted priorities for FY17,and presented
recommendations.
8:17 p.m. Nancy Corcoran-Ronchetti,Pct. 5,Chair,Planning Board moved the Planning Board
Report be received and placed on file.Unanimously Adopted.
8:17 p.m. Ms. Corcoran-Ronchetti presented the Board's Report,noting staffing changes and
summarizing the work of the Planning Board during the past year. She asked to have the Moderator
recognize member Ginna Johnson.
8:20 p.m. Ms.Johnson,Chair of the Residential Policy Ad Hoc Committee,reported on the
residential policy articles before Town Meeting.
8:30 p.m. The Moderator opened the meeting on Article 36.
8:30 p.m. Presented by Charles Hornig,member,Planning Board.
ARTICLE 36: AMEND ZONING BY-LAW—NATIONAL FLOOD INSURANCE
DISTRICT
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 this bylaw be permitted in order that it be in
compliance with the numbering format of the Code of the Town of Lexington.
MOTION FOR ARTICLE 36 PER PLANNING BOARD REPORT
That Chapter 135 of the Code of the Town of Lexington,the Zoning Bylaw,be amended as follows:
1. Amend Sections 7.1.3& 7.1.6.1.a
7.1.3 Location. The NFI District includes all special flood hazard areas within the Town of
Lexington designated as Zone A and AE on the Middlesex County,Massachusetts Flood
Insurance Rate Map(FIRM)issued by the Federal Emergency Management Agency(FEMA)
for the administration of the National Flood Insurance Program. The map panels of the
Middlesex County FIRM that are wholly or partially within the Town of Lexington are panel
numbers 0382F 038'lEF 0392E,0401E,0402E,0403E,0404E,0408E,0411E,0412E,
0414E,and 0416E,dated June'I,2010in effect as of July 6,2016. The exact boundaries of the
District may be defined by the one-hundred-year base flood elevations shown on the FIRM and
further defined by the Middlesex County Flood Insurance Study(FIS)report,in effect July 6,
2016 dated June'I,2010. The FIRM and FIS report are incorporated herein by reference and are
on file with the Town Clerk. . !-. .. -• !-:. •-• and available on the
Town website.
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
7.1.6 Use Regulations.
a. Sections of the Massachusetts State Building Code(780 CMR)which addresses
floodplain and coastal high hazard areas(currently 780 CMR 120.G,"Flood Resistant
Construction and Construction in Coastal Dunes");
2. Amend the Zoning Map.
Amend the Zoning Map to reflect the changes to panel numbers 0382 and 0384,as described
above.
8:31 p.m. Mr.Hornig presented the requested action,stating that Lexington was obligated to
comply with Federal National Flood Insurance Regulations,and reported unanimous support of the
Planning Board.
8:32 p.m. With no further questions,the Moderator called for a voice vote.
8:32 p.m. Following a unanimous voice vote,the Moderator declared Article 36 Adopted by
more than the necessary two-thirds.
8:33 p.m. Presented by Charles Hornig,member,Planning Board.
ARTICLE 37: AMEND ZONING BY-LAW—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 this bylaw be permitted in order that it be in
compliance with the numbering format of the Code of the Town of Lexington.
MOTION FOR ARTICLE 37 PER PLANNING BOARD REPORT
That Chapter 135 of the Code of the Town of Lexington,the Zoning Bylaw,be amended as follows:
1. Correct internal references within Section 5.2 of the Zoning Bylaw,Signs:
§5.2.8.2.a. In particular instances the SPGA may issue special permits for projecting signs in
accordance with§5.2. 10,if it is determined that...
§5.2.8.2.3. In particular instances the SPGA may issue special permits for standing signs in
accordance with§5.2. 10,if it is determined that...
2. Correct and update Section 10,Definitions:
Delete unused definitions:DBM,indirect light,lowest floor,new construction,radio-frequency
radiation,substantial damage,and substantial improvement.
Add definition for"Telecommunications Act:
Telecommunications Act:The Federal Telecommunications Act of 1996
Delete the definition of"Development Regulations"and replace with"Subdivision Regulations"
and"Zoning Regulations,"in alphabetical order,as detailed below:
Subdivision Regulations: Chapter 175 of the Code of Lexington is the document adopted
and amended from time to time by the Planning Board,containing various regulations,
procedures,standards,and fees for actions used in dealing with subdivision control and
other matters relative to residential and commercial development in Lexington.
Zoning Regulations: Chapter 176 of the Code of Lexington is the document adopted and
amended from time to time by the Planning Board,containing various regulations,
procedures,standards,and fees for actions that the Planning Board uses in dealing with
special permits,site plan review,and other matters relative to residential and commercial
development in Lexington.
Amend the definition of"funeral home or parlor"to"funeral parlor"as all references to the
term in the Bylaw are to"funeral parlors."
3. Correct internal references related to the above proposed edits:
Add a reference to the"Telecommunications Act"in§6.4.13,and to"Channel"and"Wireless
Communication Services"to"Telecommunications Act"in Definitions.
Replace the term"Development Regulations"with"Subdivision Regulations,"in§§ 5.3.14,
6.9.12,6.9.13,and in the definition of Proof Plan in Section 10.
Replace the term"rules and regulations"in§§7.3.5.2,7.3.5.5.b,and 9.5.4.2 with"Zoning
Regulations."
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
4. Reformat section 8.7,Nonconforming Off-Street Parking and Loading to reflect the
format structure it had before the Bylaw was recodified by Town Meeting in 2014,as
summarized below:
8.7 NONCONFORMING OFF-STREET PARKING AND LOADING(CURRENT)
8.7.1 Existing Nonconforming Parking Spaces or Loading Bays. Any off-street parking
spaces or loading bays in existence on the effective date of this bylaw or thereafter
established,which serve a building or use,may not be reduced in number,or changed in
location or design contrary to the requirements of§ 5.1 so as to increase the degree of
nonconformity with the requirements of§5.1.
8.7.2 Change of Use. A use of an existing structure or lot which does not have sufficient
parking or loading,including a use which has no off-street parking or loading,may be
expanded or changed to a different type of use for which a different number of parking
spaces or loading bays is required as set forth in§ 5.1.4 only if the net increase in the
number of required parking spaces or loading bays is provided in conformity with§ 5.1.
8.7.3 Increase in Floor Area. If it is proposed to increase the net floor area of a building,
whether by addition to the exterior of the building or by internal reconstruction,and the
building does not have sufficient off-street parking or loading bays,full compliance with
§5.1 for the entire building shall be a condition of the issuance of a building permit for the
construction of the increase of net floor area.
8.7.4 Parking Spaces or Loading Bays in Existence. Parking spaces or loading bays
lawfully in existence which serve existing uses,are no longer required for those uses under
§5.1,and comply with the design standards of§ 5.1.13,as to dimensions,loading bays,
surfacing,and grade,may be transferred to a new,changed,or expanded use in an existing
structure,even if they do not conform to the requirements of§5.1.13 as to setbacks,snow
storage,access for a parking lot,and landscaping.
8.7.5 Parking Spaces or Loading Bays in Existence. Existing parking spaces or loading
bays that comply with the design standards of§5.1.13,as to dimensions,loading bays,
surfacing,and grade,that are no longer required for existing uses under§ 5.1,may be
transferred to a new,changed,or expanded use in an existing structure,even if they do not
conform to the requirements of§ 5.1.13 as to setbacks,snow storage,access for a parking
lot,and landscaping.
8.7.6 Credit. An applicant seeking credit for existing parking spaces or loading bays shall
first submit an off-street parking and loading plan,as provided in§ 5.1.3,certified by a
registered land surveyor or professional engineer. If the existing paved area is not marked
off into parking spaces or loading bays,such spaces or bays,complying with§5.1.13 shall
be delineated on the plan. To qualify,an existing parking space or loading bay shall be
entirely on the lot.
8.7.7 Casualty to Building.
1. If a building,for which sufficient off-street parking or loading is not provided,is
destroyed,damaged or demolished by the owner,the building may be reconstructed or
replaced if otherwise permitted by this bylaw,without providing additional parking
spaces or loading bays provided the new building has the same or less net floor area and
the new uses require the same or fewer parking spaces or loading bays. If parking
spaces or loading bays were provided before the destruction,damage,or demolition,at
least the same number of spaces or bays shall be provided.
2. If the uses require a greater number of parking spaces or loading bays,or if more net
floor area is to be constructed than previously existed,full compliance with§ 5.1 for the
entire building shall be a condition of the issuance of any building permit for the
reconstruction or replacement of the building.
8.7 NONCONFORMING OFF-STREET PARKING AND LOADING(PROPOSED)
8.7.1 Existing Nonconforming Parking Spaces or Loading Bays. Any off-street parking
spaces or loading bays in existence on the effective date of this bylaw or thereafter
established,which serve a building or use,may not be reduced in number,or changed in
location or design contrary to the requirements of§ 5.1 so as to increase the degree of
nonconformity with the requirements of§5.1.
1. Change of Use. A use of an existing structure or lot which does not have sufficient
parking or loading,including a use which has no off-street parking or loading,may be
expanded or changed to a different type of use for which a different number of parking
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
spaces or loading bays is required as set forth in§ 5.1.4 only if the net increase in the
number of required parking spaces or loading bays is provided in conformity with§ 5.1.
2. Increase in Floor Area. If it is proposed to increase the net floor area of a building,
whether by addition to the exterior of the building or by internal reconstruction,and the
building does not have sufficient off-street parking or loading bays,full compliance with
§5.1 for the entire building shall be a condition of the issuance of a building permit for
the construction of the increase of net floor area.
3. Parking Spaces or Loading Bays in Existence. Parking spaces or loading bays
lawfully in existence which serve existing uses,are no longer required for those uses
under§5.1,and comply with the design standards of§ 5.1.13,as to dimensions,loading
bays,surfacing,and grade,may be transferred to a new,changed,or expanded use in an
existing structure,even if they do not conform to the requirements of§5.1.13 as to
setbacks,snow storage,access for a parking lot,and landscaping.
4. Parking Spaces or Loading Bays in Existence. Existing parking spaces or loading
bays that comply with the design standards of§5.1.13,as to dimensions,loading bays,
surfacing,and grade,that are no longer required for existing uses under§ 5.1,may be
transferred to a new,changed,or expanded use in an existing structure,even if they do
not conform to the requirements of§ 5.1.13 as to setbacks,snow storage,access for a
parking lot,and landscaping.
5. Credit. An applicant seeking credit for existing parking spaces or loading bays shall
first submit an off-street parking and loading plan,as provided in§ 5.1.3,certified by a
registered land surveyor or professional engineer. If the existing paved area is not
marked off into parking spaces or loading bays,such spaces or bays,complying with
§5.1.13 shall be delineated on the plan. To qualify,an existing parking space or loading
bay shall be entirely on the lot.
8.7.2 Reconstruction or Replacement of a Building.
1. If a building,for which sufficient off-street parking or loading is not provided,is
destroyed,damaged or demolished by the owner,the building may be reconstructed or
replaced if otherwise permitted by this bylaw,without providing additional parking
spaces or loading bays provided the new building has the same or less net floor area and
the new uses require the same or fewer parking spaces or loading bays. If parking
spaces or loading bays were provided before the destruction,damage,or demolition,at
least the same number of spaces or bays shall be provided.
2. If the uses require a greater number of parking spaces or loading bays,or if more net
floor area is to be constructed than previously existed,full compliance with§5.1 for the
entire building shall be a condition of the issuance of any building permit for the
reconstruction or replacement of the building.
8:33 p.m. Mr.Hornig presented the technical corrections in Article 37 and reported unanimous
support of the Planning Board.
8:33 p.m. Selectman Michelle Ciccolo reported unanimous support of the Board.
8:34 p.m. With no further comments,the Moderator called for a voice vote.
8:34 p.m. Following a unanimous voice vote,the Moderator declared Article 36 Adopted by
more than the necessary two-thirds.
8:34 p.m. Presented by Charles Hornig,member,Planning Board.
ARTICLE 38:AMEND ZONING BYLAW—GOVERNMENTAL-CIVIC DISTRICT(S)
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 this bylaw be permitted in order that it be in compliance
with the numbering format of the Code of the Town of Lexington.
MOTION FOR ARTICLE 38 PER PLANNING BOARD REPORT
That the Zoning Bylaw and the Zoning Map,Chapter 135 of the Code of the Town of Lexington,be
amended as follows:
1. That Bylaw Section 2.2 be amended to include the new district and renumber the subsequent
sections accordingly:
2.2.1 Governmental-Civic Use Districts
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
GC Governmental-Civic Use
2. That Bylaw Section 3.1,the Table of Uses,be amended to include the proposed district(see
Appendix A).
3. That Bylaw Section 4.4, the Schedule of Dimensional Controls, be amended to include the
proposed district(see Appendix B).
4. That Bylaw Section 5.1.10.3 be amended to permit access across the GC district to any other
district so that the section reads:
3.No private way or driveway shall be built through a district in which the use
served by the private way or driveway is not permitted except that access through a
GC district to any other district is permitted.
5. That Bylaw Section 5.1.11, Minimum Yards for Parking, be amended to include the new
district,as summarized below:
District Residential Street Line All Other Lot Wall of a Principal
District Line(ft.) (ft.) Lines(ft.) Building(ft.)
GC 0 25 5 5
6. That Bylaw Section 5.3.5,the required depth or width(in feet)of transition areas,be amended
to include the new district as summarized below:
Adjacent District
District In
Which Street
GC RO RS RT RD CN CRS CS CB CLO CRO CM
Lot is Line
Located
GC - 20 20 20 20 - - - - - - - -
RO - 25* 25* 25* 10* 15 15 20 - 20 20 20 -
RS - 25* 25* 25* 10* 15 15 20 15 20 - - -
RT - 25* 25* 25* 10* 10 10 - - 10 - - -
RD - 20* 20* 20* 20* 20 20 20 20 20 20 20 25
CN - 20 20 20 20 - 10 15 - 20 - - 10
CRS - 20 20 20 20 10 - 15 - 10 - - 10
CS - 20 20 20 20 15 15 - - 15 - - 20
CB - - 20 - 20 - - - - - - - -
CLO - 50 50 50 50 10 10 10 - - - - 10
CRO - 50 - - 50 - - - - - - - 50
CM - 50 - - 50 - - - - - - - 25
*No requirement for an individual dwelling
7. That Bylaw Section 9.4.1 be amended to make the Planning Board the special permit granting
authority(SPGA)for special permits in the GC District,so that it reads:
1. The Planning Board shall serve as the SPGA for:
a. All special permits pursuant to§6.9,Special Permit Residential Developments;
b. All special permits in the Governmental-Civic Use(GC)District and
c. When an activity or use requires both site plan review and one or more special permits,
except for a wireless communication facility or as provided below.
8. That the Zoning Map be amended by rezoning to the GC District the parcels listed in a
document titled"List of Parcels to be Rezoned to Governmental-Civic District"dated March 16,
2015 on file with the Planning Department.
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
APPENDIX A
Table 1:Permitted Uses and Development Standards
GC RO RS RT CN CR CS C CL CR CM
S B 0 0
A. RESIDENTIAL USES
A.1.0 PRINCIPAL RESIDENTIAL USES
A.1.01 One-family N Y Y Y YNNNNNN
dwelling
A.1.02 Two-family NNN Y YNNNNNN
dwelling
A.1.03 Dwelling unit above
street floor level in
a commercial or NNNNNNNYNNN
institutional
building
A.1.04 Congregate living N SP SP SP SP N N N N N N
facility
A.1.05 Balanced housing
development,public
benefit N SPSPSPNNNNNNN
development,site
sensitive
development
A.2.0 ACCESSORY USES FOR RESIDENTIAL USES
A.2.01 Rooming units N Y Y YNNNNNNN
(not to exceed 3)
A.2.02 Basic accessory N Y YNN SP SP SP SP SP SP
apartment
A.2.03 Expanded accessory N SP SP N N SP SP SP SP SP SP
apartment
A.2.04 Accessory structure N SP SP SP SP SP SP SP SP SP SP
apartment
A.2.05 Bed and breakfast N Y YNN SP SP SP SP SP SP
home
A.2.06 Home occupation, N Y Y Y Y SP SP SP SP SP SP
instruction
A.2.07 Home occupation, N Y Y Y Y SP SP SP SP SP SP
minor
A.2.08 Home occupation, N SP SP SP Y SP SP SP SP SP SP
major
A.2.09 Tennis court or
court for a sport
played with a N SP SP SP Y Y YYY Y N
racquet or paddle
including handball
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
APPENDIX A
Table 1:Permitted Uses and Development Standards
GC RO RS RT CN CR CS C CL CR CM
S B 0 0
A.2.01 Family child care N Y Y Y Y SP SP SP SP SP SP
0 home
A.2.01 Family child care N SP SP SP SP SP SP SP SP SP SP
1 home,large
A.2.01 Adult day care in N SP SP SP SP SP SP SP SP SP SP
2 the home
A.2.01 Outdoor parking of
3 commercial
vehicles other than NNNN Y Y YYY Y Y
one vehicle not
larger than 10,000
pounds GVW
A.2.01 Outdoor parking of
4 more than four N SP SP SP SP Y YYY Y Y
automobiles for a
dwelling unit
A.2.01 Indoor parking of
5 commercial
vehicles other than NNNNN Y YYY Y Y
one vehicle not
larger than 15,000
pounds GVW
A.2.01 Outdoor storage of
6 unregistered
vehicles other than
one automobile not
stored in the
required yard for NNNNNN YNNNN
the principal
dwelling,and
screened from the
view of abutting
lots and the street
B. INSTITUTIONAL USES
B.1.0 PRINCIPAL INSTITUTIONAL USES
B.1.01 Child care center Y Y Y Y Y Y YYY Y Y
B.1.02 Use of land or
structures for Y Y Y Y Y Y YYY Y Y
religious purposes
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
APPENDIX A
Table 1:Permitted Uses and Development Standards
GC RO RS RT CN CR CS C CL CR CM
S B 0 0
B.1.03 Use of land or
structures for
educational
purposes on land
owned or leased by
the commonwealth
or any of its
agencies, Y Y Y Y Y Y YYY Y Y
subdivisions or
bodies politic or by
a religious sect or
denomination,or by
a nonprofit
educational
corporation
B.1.04 Municipal buildings
or uses
B.1.05 Park,playground,
cemetery
C. PRINCIPAL AGRICULTURAL AND NATURAL RESOURCE USES
C.1.0 AS A PRINCIPAL USE
C.1.01 Exempt agricultural
uses and structures Y Y Y Y Y Y YYY Y Y
as set forth in G.L.
c.40A,s.3
C.1.02 Farm for the raising
of crops not exempt Y Y Y Y Y Y YYY Y Y
by statute
C.1.03 Greenhouse or
nursery not exempt SP SP SP SP SP SP SP SP SP SP SP
by statute
C.1.04 Horseback riding
area or stables not SP SP SP SP N N NNN N N
exempt by statute
C.1.05 Roadside stand not
exempt by statute SP SP SP SP SP SP SP SP SP SP SP
(for two-year terms)
C.1.06 Removal from a lot
of earth materials
for sale such as SP SP SP N N N N N N SP SP
loam,sod,sand,
gravel,stone,rock
or clay
D. TEMPORARY USES
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
APPENDIX A
Table 1:Permitted Uses and Development Standards
GC RO RS RT CN CR CS C CL CR CM
S B 0 0
D.1.01 Temporary dwelling
to replace a
permanent dwelling N Y Y Y Y Y YYY Y Y
on the same lot
during
reconstruction
D.1.02 Temporary building
or trailer incidental
to the construction Y Y Y Y Y Y YYY Y Y
of a building or land
development
D.1.03 Temporary
structures and uses
not otherwise
permitted in the
district,provided
the Building Y Y Y Y Y Y YYY Y Y
Commissioner finds
that the proposed
structure or use is
compatible with the
neighborhood
D.1.04 Temporary
structures and uses
not otherwise
permitted in the
district,provided SP SP SP SP SP SP SP SP SP SP SP
the proposed
structure or use is
compatible with the
neighborhood
E. OPERATING STANDARDS-THE FOLLOWING OPERATING STANDARDS
APPLY TO ALL USES IN SECTIONS G TO P,INCLUSIVE,OF THIS TABLE IN
ADDITION TO ANY STANDARDS SET FORTH THEREIN
E.1.01 Operations,in part
or in whole,
conducted outdoors Y SP SP SP SP Y Y SP SP SP Y
during operating
hours
E.1.02 Storage of
equipment and
products outdoors Y N N N N Y YYN SP SP
during non-
operating hours
F. DEVELOPMENT STANDARDS-THE FOLLOWING DEVELOPMENT
STANDARDS APPLY TO ALL USES IN SECTIONS G TO P,INCLUSIVE,OF THIS
TABLE IN ADDITION TO ANY STANDARDS SET FORTH THEREIN
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
APPENDIX A
Table 1:Permitted Uses and Development Standards
GC RO RS RT CN CR CS C CL CR CM
S B 0 0
F.1.01 Uses and structures
with less than
10,000 square feet
of gross floor area
including the area
of any existing Y Y Y Y Y Y YYY YR
structures but not
including any floor
area devoted to off-
street parking,on a
lot
F.1.02 Uses and structures
with 10,000 or more
square feet of gross
floor area including
the area of any R R R R R R RRR R R
existing structures
but not including
any floor area
devoted to off-street
parking,on a lot
G. COMMERCIAL OFFICE USES
G.1.0 AS A PRINCIPAL USE
G.1.01 Medical,dental,
psychiatric office, NNNN Y YNYY Y Y
but not a clinic
G.1.02 Medical,dental,
psychiatric office,
but nota clinic, NNNNN YNYY Y Y
with related
laboratory
G.1.03 Business or NNNNN YNYY Y Y
professional office
G.2.0 DEVELOPMENT STANDARDS FOR OFFICE USES
G.2.01 Office located on
street floor level SP
NNNN YNN Y Y Y
*Not permitted in a
center storefront.
G.2.02 Office located on
any floor other than
street floor level N N N N N* Y N Y Y Y Y
*Permitted in a
basement
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
APPENDIX A
Table 1:Permitted Uses and Development Standards
GC RO RS RT CN CR CS C CL CR CM
S B 0 0
G.2.03 Office space of all
companies in a
building occupies a NNNNNNNYY Y Y
total of more than
50%of the floor
area in a building
G.2.04 Offices in which
one company has
more than 1,000
square feet of floor NNNNN YNYY Y Y
area but not more
than 2,500 square
feet of floor area in
a building
G.2.05 Building used for
offices without limit
as to the amount of
floor area one
company may NNNNNNNNN Y Y
occupy or the
percentage of floor
area occupied by
offices
H. PERSONAL,BUSINESS,OR GENERAL SERVICE USES
H.1.0 AS A PRINCIPAL USE
H.1.01 Beauty parlor, NNNN Y Y YYYN Y
barber shop
H.1.02 Laundry or dry
cleaning pickup
station with
processing done
elsewhere;laundry NNNN Y Y YYNN Y
or dry cleaning with
processing on the
premises,self-
service laundromat
or dry cleaning
H.1.03 Tailor,dressmaker, NNNN Y Y YYNN Y
shoe repair
H.1.04 Real estate sales or NNNN Y YNYY Y Y
rental
H.1.05 Bank or Credit NNNNN YNYY Y Y
Union
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
APPENDIX A
Table 1:Permitted Uses and Development Standards
GC RO RS RT CN CR CS C CL CR CM
S B 0 0
H.1.06 Bank or Credit
Union with drive-up
window or auto- NNNNN SP N N N SP Y
oriented branch
bank
H.1.07 Automatic teller NNNN SP Y YYY Y Y
machine
H.1.08 Travel agency,
insurance agency, NNNNN YNYY Y Y
ticket agency
H.1.09 Photographic
services including NNNN Y Y YYY Y Y
commercial
photography
H.1.01 Repair of household
0 appliances,small
tools or equipment, NNNN Y Y YYNNN
rental of equipment
or tools for use in a
home
H.1.01 Funeral parlor NNNNNN YNYNN
1
H.1.01 Photocopying,
2 reproduction NNNN Y Y YYY Y Y
services but not
commercial printing
H.1.01 Medical clinic for NNNNN YNYY Y Y
3 outpatient services
H.1.01 School not exempt SP N N N N Y YYY Y Y
4 by statute
H.1.01 Instruction in music
4.1 or the arts,not to
exceed 3,500 square SP N N SP SP Y Y Y Y Y Y
feet of floor space
per establishment
H.1.01 Commercial NNNNNN YYYN Y
5 printing,publishing
H.1.01 Newspaper NNNNNN YNYN Y
6 distribution agency
H.1.01 Office of NNNNNN YNNNN
7 veterinarian
H.1.01 Kennel,boarding of NNNNNN YNNNN
8 household pets
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
APPENDIX A
Table 1:Permitted Uses and Development Standards
GC RO RS RT CN CR CS C CL CR CM
S B 0 0
H.1.01 Pet grooming
9 service provided
that it shall be
conducted entirely NNNNN Y YYNNN
within the principal
building and no pets
shall be boarded
overnight
H.1.02 Private postal NNNNN Y YNY Y Y
0 service
H.1.02 Recycling NNNNNN SP N N N N
1 collection store
H.1.02 Museum,art
2 gallery,private SP SP SP SP Y YNYY Y N
library
H.1.02 Nonprofit
3 community service SP SP SP SP Y YNYY Y Y
center or charitable
organization
H.1.02 Private,nonprofit
4 club or lodge of
social,fraternal,
veterans,
professional or SP SP SP SP Y YNYY Y Y
political
association;union
hall;not including a
recreational club
H.2.0 DEVELOPMENT STANDARDS FOR PERSONAL,BUSINESS,OR GENERAL
SERVICE USES
H.2.01 Services with more
than 1,500 square Y Y Y Y SPY YYY Y Y
feet of floor space
per establishment
H.2.02 Services with more
than 3,500 square Y Y Y Y N Y YYY Y Y
feet of floor space
per establishment
I. SALES OR RENTAL OF GOODS AND EQUIPMENT
I.1.0 AS PRINCIPAL USE
I.1.01 Convenience goods
often bought on a
daily basis such as NNNN Y Y YYY Y Y
food,candy,
newspapers,
tobacco products
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
APPENDIX A
Table 1:Permitted Uses and Development Standards
GC RO RS RT CN CR CS C CL CR CM
S B 0 0
L1.02 General
merchandise, NNNNN YNYNNN
department store
L1.03 Food,not intended
for consumption on
the premises;
includes grocery NNNN Y YNYNN SP
store,but not a
takeout or fast-food
service
1.1.04 Package liquor
store,with no
consumption of NNNNN SP N Y N N N
beverages on the
premises
L1.05 Apparel,fabrics and NNNN Y YNYNNN
accessories
L1.06 Furniture,home
furnishings,home NNNNN YNYNNN
appliances and
equipment,carpets
1.1.07 Other retail goods
such as books,
stationery,drugs,
sporting goods,
jewelry,
photographic
equipment and NNNN Y YNYNN Y
supplies,flowers,
novelties,cards,
footwear,and the
like which are
typically of a size
that a customer can
carry by hand
L1.08 Hardware,paint, NNNN Y Y YYNNN
wallpaper
1.1.09 Building materials NNNNN Y YYNNN
I.1.01 Lawn and garden
0 supplies and NNNNN Y YYNNN
equipment
I.1.01 Sale or rental of
1 equipment and
supplies,such as NNNNN Y YNNN Y
office furniture,to
other businesses
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
APPENDIX A
Table 1:Permitted Uses and Development Standards
GC RO RS RT CN CR CS C CL CR CM
S B 0 0
L1.01 Artisan work NNNNNNNYNNN
2
I.1.01 Medical Marijuana NNNNNNNNNN Y
3 Distribution Center
1.2.0 DEVELOPMENT STANDARDS FOR SALES OR RENTAL OF GOODS AND
EQUIPMENT
L2.01 Stores with more
than 2,000 square NNNNN Y YYNN SP
feet of floor area
per establishment
L2.02 Sales or rental
conducted in part
outdoors with NNNNN Y YYNN SP
permanent display
of products during
non-operating hours
J. EATING AND DRINKING;TRANSIENT ACCOMMODATIONS
J.1.0 AS A PRINCIPAL USE
J.1.01 Restaurant NNNNN YNYN Y Y
J.1.02 Fast-food service NNNN SP SP N SP N SP Y
J.1.03 Takeout food
service
(* Requires a
special permit for NNNN Y* Y* SP Y* N Y* Y*
service between the
hours of 11PM and
7 AM)
J.1.04 Caterer or other
establishment
preparing meals for
groups of people Sp
NNNNNN Y * N N Y
(* Only in
conjunction with a
substantial retail
food business)
J.1.05 Drive-in or drive-
through food NNNNNNNNNNN
service
J.1.06 Hotel,motel NNNNNNNSPN SP Y
K. COMMERCIAL RECREATION,AMUSEMENT,ENTERTAINMENT
K.1.0 AS A PRINCIPAL USE
K.1.01 Movie theater NNNNNNNYNNN
(indoor)
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
APPENDIX A
Table 1:Permitted Uses and Development Standards
GC RO RS RT CN CR CS C CL CR CM
S B 0 0
K.1.02 Indoor athletic and
exercise facilities, NNNNN SP Y Y N N Y
weight reduction
salon
K.1.03 Recreational
facilities such as SP SP SP SP SP SP SP SP SP SP SP
golf course,tennis
or swimming club
K.1.04 Private nonprofit
recreational facility
such as golf course, SP SP SP SP Y Y YYY Y Y
tennis or swimming
club
L. MOTOR VEHICLE RELATED SALES AND SERVICE USES
L.1.0 AS A PRINCIPAL USE
L.1.01 Motor vehicle sales
or rental;includes
automobiles,trucks,
campers,vans, NNNNN SP SP N N N SP
recreational
vehicles,boats,or
trailers
L.1.02 Service station,sale
of fuel and other
motor oil products NNNNN SP SP N N N N
and accessories
such as batteries,
tires
L.1.03 Sales and
installation of
automotive parts
such as tires, NNNNNN SP N N N N
mufflers,brakes and
motor vehicle
accessories
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
APPENDIX A
Table 1:Permitted Uses and Development Standards
GC RO RS RT CN CR CS C CL CR CM
S B 0 0
L.1.04 Motor vehicle
maintenance and
minor repairs
limited to engine
tune-up,lubrication
and installation of
replacement parts,
adjustment or NNNNN SP SP N N N SP
replacement of
brakes or tires,
washing and
polishing,but not
including engine
overhaul,body
work or painting
L.1.05 Substantial motor
vehicle repair
including engine NNNNNN SP N N N N
overhaul,body
work and painting
L.1.06 Car wash conducted
entirely within a NNNNNN SP N N N N
building
L.1.07 Automobile parking
lot where the
parking spaces do
not serve a principal SP N N N N N SP SP N SP SP
use on the same lot
and where no sales
or service takes
place
Storage of
L.1.08 automobiles or NNNNNN SP N N N N
trucks
M. CONSTRUCTION,STORAGE,DISTRIBUTION AND INDUSTRIAL USES
M.1.0 AS A PRINCIPAL USE
M.1.0 Bakery NNNNNN YNNNN
1
M.1.0 Industrial services
2 such as machine NNNNNNSPNNN Y
shop,welding
M.1.0 Commercial mover,
3 associated storage NNNNNN SP NN N Y
facilities
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
APPENDIX A
Table 1:Permitted Uses and Development Standards
GC RO RS RT CN CR CS C CL CR CM
S B 0 0
M.1.0 Distribution center,
4 parcel delivery, NNNNNNNNN Y Y
commercial mail
delivery center
M.1.0 Office,display or
5 sales space of a
wholesale or
distributing
establishment, NNNNNN YNNNN
provided that not
more than 25%of
the floor area is
used for assembly
of products
M.1.0 Trade shop NNNNNN YNNNN
6
M.1.0 Office,yard and
7 storage facilities for
construction
company such as a N N N N N N SP NN N N
general contractor,
landscape
contractor
M.1.0 Fuel oil dealer
8 including sale and
repair of heating NNNNNN SP N N N N
equipment but not
including bulk
storage of fuel oil
N. MANUFACTURING USES
N.1.0 AS A PRINCIPAL USE
N.1.01 Light NNNNNNNNNN Y
manufacturing
N.1.02 Laboratory engaged
in research,
experimental and
testing activities,
which may include NNNNNNNNN Y Y
the development of
mock-ups and
prototypes but not
the manufacture of
finished products
N.1.03 Medical Marijuana NNNNNNNNNN Y
Treatment Center
0. UTILITY,COMMUNICATIONS,AND TRANSPORTATION USES
0.1.0 AS A PRINCIPAL USE
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
APPENDIX A
Table 1:Permitted Uses and Development Standards
GC RO RS RT CN CR CS C CL CR CM
S B 0 0
0.1.01 Radio,television
studio,but without NNNNN Y YNN Y Y
transmitting or
receiving towers
0.1.02 Transmitting or
receiving tower or
antenna for
commercial
activities other than NNNNNNNNNN Y
those which are
used exclusively for
wireless
communication
facilities
0.1.03 Commercial NNNNNN SP N N N N
ambulance service
0.1.04 Taxicab garage, NNNNNN SP N N N N
parking area
0.1.05 Bus garage or NNNNNNSPNNN Y
storage facility
0.1.06 Parking
maintenance
facilities for NNNNNNSPNNN Y
commercial
vehicles
0.1.07 Landing place for
helicopters not
including storage or N N N N N N NNN SP SP
maintenance
facilities
0.1.08 Wireless
communication SP SP
facility SP* SP* SP* SP* SP* SP* * * SP* SP* SP*
*Yes if concealed
as per§ 6.4.4
0.1.09 Essential services Y Y Y Y SP Y Y Y Y Y Y
0.1.10 Ground mounted
solar energy YNNNNNNNNNR
systems
P. OPEN AIR,SEASONAL AND SPECIAL EVENTS
P.1.0 AS A PRINCIPAL USE
P.1.01 Flea market YNNNNNSPNNNN
P.1.02 Seasonal sale of
Christmas trees and Y SP SP SP SP Y Y N SP SP SP
wreaths
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
APPENDIX A
Table 1:Permitted Uses and Development Standards
GC RO RS RT CN CR CS C CL CR CM
S B 0 0
Q. ACCESSORY USES FOR COMMERCIAL USES
Q.1.01 Parking of trucks or
other equipment to
be used for the
maintenance of the
buildings and
grounds only;shall
be parked only in a
garage or in an Y Y Y Y Y Y YYY Y Y
outdoor area not
within the minimum
yard for the
principal building
and shall be
screened from the
view of abutting
lots and the street
Q.1.02 Temporary
overnight outdoor
parking of freight Y NNNN Y YYY Y Y
carrying or material
handling equipment
Q.1.03 Convenience SP SP SP SP SP Y Y Y Y Y Y
business use
Q.1.04 Cafeteria,dining
room,conference
rooms,function
rooms,recreational
facilities;the use
shall be conducted
primarily for the
employees or
clientele of the
principal use and SP SP SP SP Y Y YYY Y Y
not for the general
public and shall be
conducted entirely
within the principal
building with no
evidence of the
existence of the use
from the street or
from any lot line
Q.1.05 Processing,storage
and limited
manufacturing of
goods and materials NNNNNNNNN Y Y
related solely to
research,
experimental and
testing activities
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
APPENDIX A
Table 1:Permitted Uses and Development Standards
GC RO RS RT CN CR CS C CL CR CM
S B 0 0
Q.1.06 Light NNNNNNNNN SP Y
manufacturing
Q.1.07 Outdoor storage of
inoperable or SPNNNNNSPNNNN
unregistered motor
vehicles
APPENDIX B
4.4 TABLE 2,SCHEDULE OF DIMENSIONAL CONTROLS
Zoning Districts
GC RO
RS
CN CRS CS CB CLO CR CM
Minimum lot area NR 30,000 15,500 15,500 15,500 20,000NR 30,000 5 3 AC
SF SF SF SF SF SF AC
Minimum lot frontage NR 150 125 125 125 125 20 175 300 200
in feet
Minimum front yard NR
NR 30 30 30 30 30 50 100 25
in feet(a),(b),(h) (c)
Minimum side yard in NR 15(d) 15(d) 20 20 15 NR 30 50 25(f)
feet
Minimum rear yard in NR 15(d) 15(d) 20 20 20 10 30 50 25(f)
feet
Minimum side and
rear yard adjacent to,
or front yard across 100
NR 15 15 30 30 30 30 50 100
the street from a (f)
residential district in
feet
Maximum floor area 0.35
NR NR(g) NR(g) 0.20 0.20 0.20 2.0 0.25 0.15
ratio(FAR) (f)
Maximum site15% 15%
NR 20% 25% 25% NR 20% 25% NR
coverage (e) (e)
Institutional buildings,
maximum height:
In stories: 2.5
In feet: (f) 2.5 2.5 3 3 3 2 3 3 NR
40 40 40 45 45 45 30 45 45 65(f)
(0
Other buildings,
maximum height:
In stories: 2.5
In feet: (f) 2.5 2.5 1 2 2 2 2 3 NR
40 40 40 15 25 25 25 30 45 65(f)
(0
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
SCHEDULE OF DIMENSIONAL CONTROLS FOOTNOTES:
As used in the Schedule of Dimensional Controls,symbol"NR"means no requirements,"AC"
means acres,"SF"means square feet,and"feet"means linear feet.
a. Where lawfully adopted building lines require yards in excess of these requirements,
the building line shall govern.
b. The minimum front yard for any other street,which is not the frontage street(see
definition),shall be 2/3 of that required for the frontage street. In the case of
nonresidential uses located in the RO,RS,or RT Districts(see Table 1)or for uses
located in the CM District,the minimum front yard facing all streets shall be the
same as that for the frontage street.
c. Except ten-foot yard on Muzzey Street,Raymond Street,Vine Brook Road and
Wallis Court for lots abutting these streets.
d. For institutional uses(see Table 1)the minimum setback for a building shall be the
greater of 25 feet or a distance equal to the height of the building as defined in§4.3.
For other nonresidential uses(see Table 1),increase the required side yard to 20 ft.
plus one ft.for every '/z acre(or fraction thereof)over 1/2 acre lot area.
e. Applicable only to uses permitted by special permit.
f. This limit may be waived by special permit.
g. For institutional uses(see Table 1),the maximum floor area ratio shall be 0.25.
h. Along the southwesterly side of Bedford Street between the Northern
Circumferential Highway(Route 128)and Hartwell Avenue there shall be a front
yard of 233 feet measured from the base line of Bedford Street as shown on the
Commonwealth of Massachusetts layout 4689,date June 3, 1958,and shown as
auxiliary base line"F on the State Highway Alteration layout 5016,dated August 30,
1960.
8:34 p.m. Mr.Hornig presented the requested action, explaining that the intent of the article
was to add a zoning district for governmental and civic uses.He stated that the article was presented
at the 2015 Annual Town Meeting and that changes had been made to the motion.He said the
zoning district would give the Town protection for certain properties,especially municipal land
owned by other towns.
8:43 p.m. Mr.Hornig asked the Moderator to accept a motion to make a small change to
Section 8 related to dates.He made the following motion:
MOTION: Move to amend the motion as it is set forth in the Planning Board's Report by
replacing the date in Section 8 of March 16,2015 with March 23,2016.
8:43 p.m. With no questions,the Moderator called for a voice vote on the motion to amend.
Unanimously Adopted.
8:44 p.m. Selectman Suzanne Barry reported unanimous support of the Board of Selectmen.
8:45 p.m. There were a number of questions from the floor regarding non-conforming
properties,possible changes to land held in conservation,differences from the article presented in
2015,and impacts to siting facilities such as a future Fire Station.Mr.Hornig responded.
9:11p.m. David Kaufman,Pct.6,moved the question.Motion Adopted.
9:12 p.m. Following electronic vote tallying,the Moderator declared Article 38 as amended
Adopted,by the necessary two-thirds by a vote of:
Yes No Abstain
146 10 5
9:14 p.m. Presented by Richard Canale,member,Planning Board.
ARTICLE 29: AMEND ZONING BYLAWS—NEIGHBORHOOD CONSERVATION
DISTRICTS
MOTION: That the General Bylaws 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 this bylaw be permitted in order that it be in compliance
with the numbering format of the Code of the Town of Lexington.
MOTION FOR ARTICLE 29 PER PLANNING BOARD REPORT
A. Add a new Chapter 78 to the Code of Lexington as follows:
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
Chapter 78 Neighborhood Conservation Districts
1. PURPOSES
(a) This Bylaw enables the establishment of Neighborhood Conservation Districts(NCDs)in
the Town of Lexington for the following purposes:
(i) to recognize that the Town of Lexington contains unique and distinctive
neighborhoods and areas which contribute significantly to the overall character and identity
of the Town and which are worthy of preservation and protection. The Town aims to
preserve,protect,and enhance these neighborhoods through the establishment of
Neighborhood Conservation Districts;
(ii) to promote conservation and preservation of existing buildings;to encourage new
construction that will complement and be compatible with existing Buildings, Structures,
Settings and neighborhood character;and to foster appropriate reuse and upgrading of
Buildings and Structures in designated neighborhoods;
(iii) to provide residents and property owners with the opportunity to participate in
planning the future of their neighborhoods;
(iv) to promote wider public knowledge about and appreciation for Lexington's
distinctive neighborhoods and their Buildings,Structures and Settings;
(v) and by furthering these purposes,to enhance public welfare by offering current and
potential Lexington residents a variety of neighborhoods from which to choose,thereby
making the Town a more attractive and desirable place in which to live and work.
(b) An NCD designation is intended to enable the neighborhood and the buildings within it to be
able to adapt to meet the needs of current and future owners,while conserving the neighborhood's
distinctive character.
(c) An NCD designation identifies a neighborhood and specifies its distinctive architectural,
aesthetic,historical,cultural,economic,and social contributions to the development of the Town of
Lexington's character.
2. DEFINITIONS
Alteration--any change to the exterior of a Building,Structure or Setting,or part thereof,
including construction,demolition,moving,reconstruction,rehabilitation,removal,replication,
restoration,similar activities,or significant changes to the site itself.
Building—a combination of materials forming a shelter for persons,animals,or property.
Building Commissioner--the Building Commissioner of the Town of Lexington.
Certificate of Compatibility—a form created and issued by the NCD Commission under this
Bylaw which states that a proposed plan for Construction or Alterations to a Building, Structure or
Setting within an NCD meets the Regulations and Guidelines adopted for that NCD,and which is
signed by that NCD Commission's Chair or other officially delegated person responsible for its
issuance.
Certificate of Non-Applicability—a form created and issued by the NCD Commission under this
Bylaw,which states that proposed changes to a Building, Structure,or Setting within an NCD are
not subject to review under this bylaw,and which is signed by that NCD Commission's Chair or
other officially designated person.
Certificate of Hardship—a form created and issued by the NCD Commission under this Bylaw,
which states that owing to conditions especially affecting the Building or Structure but not affecting
the NCD generally,failure to issue a Certificate of Compatibility would result in a substantial
hardship to the applicant and that such application may be approved without substantial detriment to
the public welfare and without substantial derogation from the intent and purposes of the NCD,and
which must be signed by that NCD Commission's Chair or other officially designated person..
Construction—the erection of a new Building or Structure.
Demolition—the act of pulling down,destroying,removing,or razing a Building or Structure or
any substantial portion thereof or the act of commencing the work of total or substantial destruction
with the intent of completing the same. "Demolition"as used herein shall be deemed to include
Demolition by Neglect.
Demolition by Neglect-A process of ongoing damage to the fabric,viability or functionality of an
unoccupied building leading towards or causing its eventual demolition due to decay,structural
failure or severe degradation over a period of time as a result of a general lack of maintenance;
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
failure to secure the building from pests or vandals;or failure to take reasonable measures to
prevent the ingress of water,snow,ice,and wind through the roof,walls,or apertures.
Exterior Architectural Features—such portions of the exterior of a Building or Structure,
including but not limited to the architectural style and general arrangement and Setting thereof;the
type and texture of exterior building materials;and the type and style of windows,doors,lights,
signs and other appurtenant fixtures.
Guidelines—advisory guidelines,duly adopted under this Bylaw,to guide the review of proposed
Construction or Alteration within a particular designated NCD.
Historical Commission--the Lexington Historical Commission.
Neighborhood Conservation District or NCD-a district approved by Town Meeting for those
properties within a NCD Area that are not Opted Out Properties.
NCD Area—the total geographic area covered by all of the properties studied under each Section 3
Study.
NCD Commission-a public body established under this Bylaw with the authority to review and
approve or disapprove proposed Construction or Alteration to a Building, Structure,or Setting in
the NCD for compatibility with the Design Guidelines established for that NCD. A separate NCD
Commission shall be established for each designated NCD.
Opted Out Properties—Properties in NCD Areas which shall be excluded from an NCD
designation in accordance with Section 3(e).
Petition-a document signed by at least 10 Property Owners,one signature per property,of a
neighborhood stating the desire of the Property Owners to form an NCD,and including the
supporting materials required to initiate the study process by which an NCD is established.
Planning Board--the Lexington Planning Board.
Property Owner-an owner of a property as listed on the Town of Lexington's property tax rolls at
the relevant time.
Regulations—mandatory regulations which describe the authority vested in the NCD Area's NCD
Commission,duly adopted under this Bylaw.
Report-the document prepared by a Study Committee recommending favorable or unfavorable
action on a Petition to establish an NCD.
Setting-the characteristics of the site of a Building,Structure or undeveloped property,including,
but not limited to,placement and orientation of the Building or Structure,and vegetation and
landscaping.
Structure-a combination of materials other than a building,including a sign,fence,wall,terrace,
walk,or driveway.
Study Committee-the group of five people appointed to review,recommend or reject a Petition to
create an NCD,as described in Section 3(c),or amend an existing NCD,as contemplated in Section
3(i).
Temporary Structures—structures which have no permanent foundation,and are intended to
remain on a property only for a brief period of time,not to exceed 60 days.
3. DESIGNATION OF NEIGHBORHOOD CONSERVATION DISTRICTS
(a) To be considered for designation as an NCD,a neighborhood must satisfy the following
criteria:
(i) The proposed NCD Area as a whole constitutes a recognizable neighborhood which
has a distinctive character,and
(ii) the proposed NCD Area contains Buildings, Structures,or Settings that are
significant to the architectural,aesthetic,cultural,economic or social history of Lexington;
or
(iii) the proposed NCD Area has generally cohesive features,such as the scale,size,type
of construction,materials,or style or age of its Buildings and Structures,or its land use
patterns and landscaping.
(b) The designation of an NCD shall be initiated by Petition of neighborhood Property Owners,
submitted to the Historical Commission and containing signatures of at least 10 Property Owners
electing to be included in the proposed NCD Area,one signature per property,which petition shall
also include:
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
(i) a general statement of the architectural,aesthetic,cultural,economic,social or
historic qualities of the proposed NCD Area which make it appropriate for NCD
designation,or
(ii) a description of the cohesiveness of the proposed NCD Area in terms of scale,size,
type of construction,materials or style or age of its Buildings and Structures,or its land use
patterns and landscaping;and
(iii) a preliminary map of the proposed NCD Area,and
(iv) a general outline of the scope of the Regulations and Guidelines that would be
proposed for the NCD.
(c) Upon receipt of a Petition for NCD designation,the Historical Commission shall within 30
days hold a public hearing,notifying all Property Owners in the proposed NCD Area and all
property owners within 100 feet of the proposed NCD Area,at the address for such owners as listed
in the then current real estate tax list of the Board of Assessors. Following such public hearing,the
Historical Commission,by majority vote,shall determine whether the proposed NCD would be
appropriate under the criteria set forth in Section 3(a). If the Historical Commission determines that
an NCD would be appropriate,it shall convene a Study Committee to investigate and prepare a
Report on the appropriateness of such a designation for the proposed NCD Area. The Study
Committee shall consist of five members,of which one shall be a designee of the Planning Board;
one shall be a designee of the Historical Commission,and three shall be residents of the proposed
NCD Area who shall be appointed by the Town Manager. When reasonably possible,the Study
Committee should include an architect,landscape architect,or historic preservationist. Notice of a
Study Committee's appointment shall be conveyed to all Property Owners in the proposed NCD
Area and all property owners within 100 feet of the proposed NCD Area,at the address for such
owners as listed in the then current real estate tax list of the Board of Assessors,and such
information shall also be made available,to the extent practicable,to prospective buyers through
distribution to real estate brokers with offices in Lexington.
(d) The Study Committee,working with residents of the proposed NCD Area,shall meet to
evaluate the appropriateness of an NCD designation for the proposed NCD Area;all such meetings
being public meetings open to all interested parties. Within one year of its appointment,the Study
Committee shall determine,by a supermajority of four positive votes,whether an NCD is
appropriate,and shall prepare and file with the Historical Commission and the Planning Board a
written Report explaining its decision. If the Study Committee determines that an NCD designation
is appropriate,such Report shall propose draft text for the applicable Regulations and Guidelines to
be presented to Town Meeting,which shall include:
(i) a statement of the significant architectural,aesthetic,cultural,economic,social or
historical qualities of the proposed NCD Area,or
(ii) a description of the cohesiveness of the proposed NCD Area in terms of scale,size,
type of construction,materials or style or age of its Buildings and Structures,or its land use
patterns and landscaping;and
(iii) a map of the geographic boundaries of the proposed NCD Area,and
(iv) a statement describing the nature of the authority to be vested in the proposed NCD
Area's NCD Commission,proposed Regulations implementing such authority and proposed
Guidelines for the NCD.
(e) A public hearing shall be convened jointly by the Historical Commission and the Planning
Board within 60 days after the filing of a completed Report to discuss the Study Committee's
findings. Public notice shall be given by publication in a newspaper of general circulation in the
Town not less than 14 days before the day of the hearing,by posting such notice in a conspicuous
place in the Town for a period of not less than 14 days before the day of such hearing,and by
conveying said notice by certified mail to all Property Owners in the proposed NCD Area and to
property owners within 300 feet of the proposed NCD Area,at the address for such owners as listed
in the then current real estate tax list of the Board of Assessors. Said notice shall state that the
Report is available in the Planning Office and online at the Planning Board and Historical
Commission web sites,and that Property Owners in the proposed NCD Area may request a printed
copy of the Report at the Planning Office. Said notice shall also include the procedure and
expiration date by which any Property Owner can elect,by right,to exclude their property from an
NCD designation that may occur through this designation process. Each such property is herein
called an Opted Out Property.
(f) Within 30 days of the close of the public hearing,but after the time period for determining
Opted Out Properties has expired,the Historical Commission and the Planning Board shall hold a
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
joint meeting to incorporate any changes based upon public input and eliminate properties within
the NCD Area from potential NCD inclusion.
If more than 25%of the Properties in the NCD Area(one signature per property)are Opted Out
Properties,then the Historical Commission and Planning Board,acting jointly,may at their option,
redraw the proposed boundaries of the NCD Area to exclude certain properties if it results in a
revised NCD Area that maintains the integrity of the Study findings and contains at least 75%of
NCD Study Area Properties. Only if the original or revised NCD Area contains at least 75%of
NCD Study Area Properties may the NCD designation go forward. In that case,the Historical
Commission and Planning Board,acting jointly,shall vote on a recommendation for NCD
designation. If the vote is to not recommend an NCD designation,then the proposed designation
shall be deemed rejected.
If an NCD is favorably recommended by the Historical Commission and the Planning Board,acting
jointly,they shall prepare a Town Meeting warrant article incorporating the NCD designation,Area,
Regulations,and Guidelines,and forward it to the Selectmen for consideration at Town Meeting. A
positive majority vote by Town Meeting is required to approve the NCD.
(g) Each NCD,as adopted by Town Meeting,shall identify its specific Regulations and
Guidelines,establishing the nature and scope of review authority granted to the corresponding NCD
Commission under this Bylaw for activities within the NCD,including,but not limited to,selecting
categories and types of Construction or Alteration that are exempt from or subject to review. The
Regulations shall permit accommodations for disability as required by the Fair Housing Act.
(h) The establishment of an NCD shall not be construed to prevent the Construction or
Alteration of a Building or Structure located in the NCD under a building permit,zoning permit or
other municipal approval duly issued prior to the effective date of that NCD's establishment by
Town Meeting.
(i) Amendments to an NCD(including changes to Regulations,Guidelines,and the boundaries
of the affected NCD),may be proposed by petition of 10 Property Owners in the NCD,one
signature per property,by the applicable NCD Commission,by the Historical Commission,or by
the Planning Board. Upon receipt of a written request for any such amendment,the Historical
Commission shall hold a public hearing,notifying all Property Owners in the NCD and all property
owners within 100 feet of the NCD,at the address for such owners as listed in the then current real
estate tax list of the Board of Assessors. Within 30 days of such public hearing,the Historical
Commission,by majority vote,shall determine whether the proposed amendments would be
appropriate and may,at its option,appoint a Study Committee in the manner described in Section
3(c)to prepare a report with its recommendations. If the Historical Commission deems that the
proposed changes are within the scope of the original Study,the Historical Commission shall bring
the proposed amendments to Town Meeting for approval by majority vote. If the Historical
Commission finds that significant changes are being proposed,the process outlined beginning in
Section 3(d)shall then be followed.
(j) The dissolution of an NCD may be proposed by petition of Property Owners in the NCD,
one signature per property,that constitute 67%of all Property Owners in the NCD. Upon receipt of
a written request for any such dissolution,the Historical Commission shall hold a public hearing,
notifying all Property Owners in the NCD,at the address for such owners as listed in the then
current real estate tax list of the Board of Assessors. Within 30 days of such public hearing,the
Historical Commission,by majority vote,may,at its option,appoint a Study Committee in the
manner described in Section 3(c)and shall prepare a report with its recommendations. The
Historical Commission shall then forward an NCD bylaw dissolution article to the Selectmen for
consideration at Town Meeting for approval by majority vote.
(k) All expenses of notice and advertisement for the establishment,modification,or dissolution
of an NCD shall be borne by the petitioners. Any petition shall be accompanied by an agreement to
pay these expenses.
4. NCD COMMISSIONS
(a) Following Town Meeting approval of an NCD designation,and recording of a boundary
map of the NCD at the Middlesex South Registry of Deeds,a NCD Commission shall be appointed
under this bylaw and shall consist of five members and two alternates. One member and one
alternate shall be appointed by the Historical Commission and one member shall be appointed by
the Planning Board. Three members and one alternate shall be residents of the NCD,to be
appointed by the Town Manager. When reasonably possible,the NCD Commission shall include
an architect,historic preservationist,or landscape architect.
(b) Members and alternates of the NCD Commission shall initially be appointed for staggered
terms,and to two-year terms thereafter. Members who are residents of the NCD shall initially be
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
appointed to staggered terms,and to three-year terms thereafter. Each NCD Commission member
or alternate may continue to serve in office after the expiration of his or her term until a successor is
duly appointed.
5. REVIEW OF CONSTRUCTION AND ALTERATIONS
(a) The Regulations and Guidelines for each NCD shall establish the extent of review required
for any Construction or Alteration proposed within that NCD.
(b) Except as otherwise provided in this Bylaw or in the Regulations and Guidelines of an NCD,
no Building, Structure,or Setting within a NCD shall be Constructed,Demolished,or Altered in
any way not exempt from review,and no permit shall be issued for such Construction,Demolition,
or Alteration,unless the NCD Commission shall first have issued a Certificate of Compatibility,a
Certificate of Non-Applicability,or a Certificate of Hardship.
(c) Exemptions from Review:
(i) All of the following categories or types of Construction and Alterations shall be
exempt from review by the NCD Commission:
(1) Temporary structures,
(2) Interior alterations,
(3) Storm windows,storm doors,and screens,
(4) Color,
(5) Accessory Buildings of less than 120 square feet of floor area and less than
10 feet in height,
(6) Alterations and Exterior Architectural Features that are not visible from a
public way or other areas open to public access,including but not limited to,a public
street,public way,public park or public body of water,
(7) The ordinary maintenance,repair or replacement in kind of Exterior
Architectural and Landscaping Features or changes made to meet requirements
deemed by the Building Commissioner to be necessary for public safety because of
an unsafe or dangerous condition,or
(8) Changes explicitly permitted by other laws,including but not limited to laws
related to Zoning, Subdivision Control,and Fair Housing.
(ii) In addition,the Regulations and Guidelines for an NCD may provide for other
categories or types of Construction or Alterations within that NCD that shall be exempt from
review by its NCD Commission.
(iii) Any Property Owner may request,and the NCD Commission shall issue,a
Certificate of Non-Applicability for any Construction or Alteration that is exempt from the
review of the NCD Commission pursuant to the foregoing.
(d) Review:
(i) Any person proposing Construction or Alteration not exempt from review shall first
file an application with the NCD Commission for a Certificate of Compatibility or
Certificate of Hardship,in such form as the NCD Commission may reasonably determine,
together with such plans,elevations,specifications,photographs,description of materials,
and other information as may be reasonably deemed necessary by the NCD Commission to
enable it to make a determination on the application. The date of the filing of an application
shall be the date of the receipt of the completed application by the NCD Commission.
(ii) Following submission of an application deemed complete by the NCD Commission,
the chair of the NCD Commission shall determine within 14 days whether the application
involves features that are subject to review by the Commission. If the chair of the NCD
determines that the application is subject to review,the NCD Commission shall hold a
public hearing within 45 days of the original filing date. Public notice of the time,place and
purpose of the hearing shall be given at least 14 days prior to the hearing date by publication
in a newspaper of general circulation in the Town and by conveying said notice to the
applicant and all owners of properties within 100 feet of the property,at the address for such
owners as listed in the then current real estate tax list of the Board of Assessors,all at the
expense of the applicant.
(iii) Following the close of the public hearing,the NCD Commission shall determine
whether the proposed Construction or Alteration is compatible with the Regulations and
Guidelines established for that NCD. If the NCD Commission determines that the proposed
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
Construction or Alteration is compatible with the general Regulations and Guidelines,it
shall issue a Certificate of Compatibility. If the NCD Commission determines that the
Construction or Alteration is not compatible,the NCD Commission shall provide the
applicant with a written statement of the reasons for its disapproval. A Certificate of
Hardship may be issued if the NCD Commission determines that,owing to conditions
especially affecting the Building or Structure but not affecting the NCD generally,failure to
issue a Certificate of Compatibility would result in a substantial hardship to the applicant
and that such application may be approved without substantial detriment to the public
welfare and without substantial derogation from the intent and purposes of the NCD;
provided that upon elimination of the hardship condition,any incompatible Construction or
Alteration shall promptly be removed.
(iv) If the NCD Commission fails to issue a Certificate or statement of disapproval within
60 days after the filing of the application,or such further time as the applicant may allow in
writing,the Certificate shall be deemed granted.
(v) The NCD Commission shall within seven days file with the Building Commissioner
copies of all Certificates issued by it as well as any determinations of disapproval.
(vi) The Regulations and Guidelines for the NCD may provide that certain categories or
types of Construction or Alteration shall be subject to advisory,non-binding review by the
NCD Commission,or an owner may request such non-binding review of an otherwise
exempt Construction or Alteration,in which event the review procedures shall be followed,
but without the NCD Commission voting or rendering a binding determination.
6. DECISION CRITERIA
(a) In passing upon matters before it,the NCD Commission may consider,among other things:
(I) the architectural,aesthetic,cultural,economic,social or historical value and
significance of the particular Buildings,Structures or Settings affected,as well as the effects
of the same on the NCD;
(ii) the suitability of the Construction's,Alterations' or Setting's general design,
arrangement,and composition of its elements on the distinctive character of the NCD;the
effect on the cohesiveness of the NCD in terms of scale and massing of the proposed
changes relative to nearby Buildings and Structures in the NCD,the type of construction,
style,the textures and materials of the features involved in the proposed Construction or
Alteration;
(iii) the Setting and landscape characteristics,including their relationship to the street,
topography,and existing vegetation,including mature trees,of the particular site involved in
the Construction or Alteration,as well as the effects of same on the NCD;
(iv) for demolitions,the Building,Structure,or Setting proposed to replace those
demolished;
(v) alterations necessary for conditions of hardship,as contemplated in Section 5(d)(iii);
and
(vi) all such other standards,factors,and matters contained in the Regulations and
Guidelines for the NCD.
(b) In making its determination,the NCD Commission shall,among other things,allow for
appropriate architectural diversity and encourage the compatible updating,expansion and
renovation of Buildings and Structures in the NCD consistent with the distinctive characteristics of
the NCD.
7. DEMOLITION BY NEGLECT
(a) If the NCD Commission has reason to believe,through visual inspection or other means,
that a Building or Structure in the NCD may be undergoing Demolition by Neglect,then the NCD
Commission shall notify the Building Commissioner and the Property Owner,and the NCD
Commission and the Building Commissioner shall jointly hold a public hearing to determine
whether it is undergoing Demolition by Neglect,which shall require the concurrence of the
Building Commissioner. In furtherance of determining its condition,the NCD Commission may,at
any time,request an inspection of the Building or Structure by the Building Commissioner.
b) If the NCD Commission and the Building Commissioner both determine that the Building or
Structure is undergoing Demolition by Neglect,the NCD Commission and the Building
Commissioner shall attempt to negotiate a voluntary agreement with the Property Owner for
appropriate and timely repairs sufficient to structurally stabilize the Building or Structure and
prevent further deterioration.
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
(c) In the event that the NCD Commission and the Building Commissioner both determine that
they are not able to negotiate such an agreement with the Property Owner,for any reason,or that
the Property Owner has agreed to undertake but has failed to satisfactorily complete such repairs in
a timely manner,then the NCD Commission and the Building Commissioner may take such action
as is permitted under Section 9,including seeking a court order that specific repairs be undertaken
to secure the Building or Structure against the elements,vandals and vermin;to halt further
deterioration;and to stabilize it structurally.The NCD Commission may forbear from commencing
an action in court for any reason.
(d) Upon completion of all repairs that have been agreed upon between the Property Owner and
the NCD Commission and the Building Commissioner or that have been ordered by the NCD
Commission and the Building Commissioner,or that have been ordered by the court,and upon
certification by the Building Commissioner that said repairs have been completed,the NCD
Commission shall certify that the Building or Structure is no longer undergoing Demolition by
Neglect.
8. REVISION OF REGULATIONS AND GUIDELINES
The NCD Commission shall meet periodically with the Property Owners in the NCD for the
purpose of determining whether the NDC Regulations and Guidelines are still appropriate. The first
of these meetings shall occur three years from the date of the District's designation as an NCD,and
shall occur at no less than seven-year intervals thereafter.
9. JUDICIAL REVIEW,ENFORCEMENT,AND LAPSE
(a) The Building Commissioner shall be charged with the enforcement of this Bylaw. The
Building Commissioner is authorized to institute any and all proceedings in law or equity,as he
deems necessary and appropriate to obtain compliance with the requirements of this by law,or to
prevent violation thereof.
(b) Anyone found in violation may be fined not more than$500 for each day such violation
continues,each day constituting a separate offense. In addition,no building permit shall be issued
with respect to any premises upon which a Building or Structure subject to the provisions of this
bylaw has been voluntarily altered or demolished in violation of this bylaw for a period of two years
after the date of the completion of such demolition or Alteration or the date by which the Historical
Commission and the Building Commissioner both have determined that a building is undergoing
demolition by neglect,whichever date is later,except pursuant to the issuance of a building permit
pursuant to an agreement reached under Section 5(e),or as otherwise agreed to by the Historical
Commission and the Building Commissioner.As used herein"premises"includes the parcel of land
upon which the demolished Building or Structure was or is located.
(c) Any party aggrieved by a determination of the NCD Commission may,within 20 days after
the filing of the notice of such determination with the Building Commissioner file a written request
with the NCD Commission for a review by a joint meeting of the Historical Commission and
Planning Board. The Historical Commission and Planning Board shall hold a public hearing within
45 days of the request. Public notice of the time,place and purpose of the hearing shall be given at
least 14 days prior to the hearing date by publication in a newspaper of general circulation in the
Town and by conveying said notice to the applicant and all owners of properties within 100 feet of
the property,at the address for such owners as listed in the then current real estate tax list of the
Board of Assessors,all at the expense of the party aggrieved. The findings of this joint hearing,
which may sustain or overrule the prior decision of the NCD Commission,shall be filed with the
Building Commissioner within 60 days of the request,and shall be binding on the applicant and the
joint committee,unless a further appeal is sought in a court with jurisdiction.
(d) Certificates of Compatibility and Certificates of Hardship shall expire in 18 months,plus
such time as may be required to pursue or await the determination of a judicial review as provided
above,from their date of issuance,if construction has not begun by such date. Notwithstanding the
above,the NCD Commission may grant one or more extensions,of up to six months each,if there
are unavoidable delays.
10. EXISTING BYLAWS NOT REPEALED
(a) Nothing contained in this bylaw shall be construed as repealing or modifying any existing
bylaw or regulation of the Town,but it shall be in addition thereto. If this bylaw imposes greater
restrictions upon the Construction or Alteration,of Buildings, Structures or Settings than other
bylaws or provisions of law,such greater restrictions shall prevail.
B. Amend Section 19-1 of the Code of Lexington to delete the words"which are outside
historic districts.":
March 23,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
C. Amend the definition of Significant Building in Section 19-2 of the Code of Lexington by
replacing the words"not within an Historic District"with"neither under the jurisdiction of
the Historic Districts Commission or a Neighborhood Conservation District Commission."
9:14 p.m. Mr.Canale moved that the Planning Board's Report on Article 29 be received and
placed on file.Unanimously Adopted.
9:14 p.m. He stated that Article 29 responded to resident concerns regarding maintaining
neighborhood integrity and explained the process of establishing a Neighborhood Conservation
District.
9:22 p.m. Dawn McKenna,Pct. 6,served Notice of Reconsideration of Article 38.
9:24 p.m. Mr. Canale presented a series of slides of various neighborhoods and explained how
conservation districts had been approved in the Town of Wellesley.
9:31 p.m. As shown on the final slide in his presentation,Mr. Canale moved the following
amendment to Section 9 for the purpose of correcting errors.
MOTION:
1. Amend Proposed Motion,Section 9(b),as shown:
9. JUDICIAL REVIEW,ENFORCEMENT,AND LAPSE
(b)Anyone found in violation may be fined not more than$500 for each day such violation
continues,each day constituting a separate offense. In addition,no building permit shall be
issued with respect to any premises upon which a Building or Structure subject to the provisions
of this bylaw has been voluntarily altered or demolished in violation of this bylaw for a period
of two years after the date of the completion of such demolition or Alteration or the date by
which the Historical NCD Commission and the Building Commissioner both have determined
that a building is undergoing demolition by neglect,whichever date is later,except pursuant to
the issuance of a building permit pursuant to an agreement reached under Section e 7(b),or as
otherwise agreed to by the Historical NCD Commission and the Building Commissioner.As
used herein"premises"includes the parcel of land upon which the demolished Building or
Structure was or is located.
2. Amend Proposed Motion,by deleting Parts B and C of the Proposed Motion,as shown:
B. Amend Section 19 1 of the Code of Lexington to delete the words"which arc outside
historic districts.":
C. Amend the definition of Significant Building in Section 19 2 of the Code of Lexington by
Historic Districts Commission or a Neighborhood Conservation District Commission."
9:32 p.m. With no questions on the amendment,the Moderator called for a voice vote.
Unanimously Adopted.
9:33 p.m. Selectman Joseph Pato reported the unanimous support of the Board for Article 29.
9:34 p.m. Lynn Hopkins,Chair of the Historic Districts Commission,reported unanimous
support of the Commission.
9:35 p.m. Sally Zimmerman,member of the Historical Commission,reported unanimous
support of the Commission.
9:37 p.m. Mr. Canale answered a variety of questions regarding property transfer in
Neighborhood Conservation Districts,issues of housing diversity,the process of opting out,and
whether there would be unintended consequences of the zoning change.
9:46 p.m. Deborah Strod,Pct.6,spoke is support.
9:50 p.m. Franklin Smith,Pct.3,questioned the number of homes needed to set up a
neighborhood conservation district.Mr. Canale responded.
10:03 p.m. Donna Moultrup, 10 Lockwood Road,urged support.
10:15 p.m. Marsha Baker,Pct. 7,moved the question.Motion Adopted.
10:16 p.m. Following electronic vote tallying,the Moderator declared Article 29 as amended
Adopted by a vote of:
Yes No Abstain
96 55 4
10:18 p.m. Selectman Joseph Pato moved adjournment to Monday,March 28,2016,7:15 p.m.,
at the Lexington High School,Donald J.Gilespe,Jr.Auditorium,251 Waltham Street.Motion
Adopted.
A true copy.
Attest
Nathalie L.Rice,Town Clerk
March 28,2016 Adjourned Session of the 2016 Annual Town Meeting
Moderator Deborah Brown called the third session of the 2016 Annual Town Meeting to order at
7:21 p.m.,Monday,March 28,at the Lexington High School,Donald J.Gilespe,Jr.Auditorium,a
quorum in excess of 100 members present.
7:24 p.m. The Moderator called a recess for the recognition of high school seniors from
Lexington High School(LHS)and Minuteman Regional High School(MMRHS).Principal Lara
Lasa recognized the LHS seniors; Superintendent Dr.Edward Boquillon recognized the MMRHS
seniors.Representative Kay Kaufman presided.
7:46 p.m. The Moderator called the meeting back to order,made announcements and called for
the testing of the electronic voting devices. She declared the Meeting open under Article 2.
ARTICLE 2: REPORTS OF TOWN BOARDS AND COMMITTEES
7:50 p.m. Glenn Parker,Chair,Appropriation Committee,moved the Report of the
Appropriation Committee be received and placed on file.Unanimously Adopted.Mr.Parker
presented the Committee's Report.
7:51 p.m. William Hurley,Chair, School Committee,moved the Report of the School
Committee be received and placed on file.Unanimously Adopted.He asked the Moderator to
recognize Superintendent,Dr.Mary Czajkowski,to present the FY17 School Committee Report.
7:51 p.m. Dr. Czajkowski presented the School Committee's budget under Article 4,reporting
the unanimous support of the Committee. She shared her vision statement,reviewed budget
highlights,addressed MCAS and district rankings,salaries and wages,and student enrollment. She
stated a commitment to continued program excellence,thanking her staff and Town Meeting
members.
8:02 p.m. David Horton,Pct. 8,Lexington's representative to the Minuteman Regional High
School Committee,moved the Report of the Committee.Unanimously Adopted.Mr.Horton asked
the Moderator to recognize Dr.Edward Boquillon, Superintendent.
8:03 p.m. Dr.Boquillon discussed the regional agreement under consideration,stating that
member towns would be requested to authorize debt for an anticipated new high school. He stated
that design enrollment of the new high school would be 628 students,and addressed issues related
to bus transportation,staffing,and revenue.
8:15 p.m. The Moderator declared the Meeting open on Article 4.
8:15 p.m. Presented by Selectmen Joseph Pato.
ARTICLE 4: APPROPRIATE FY2017 OPERATING BUDGET
MOTION: That the following amounts be appropriated for the ensuing fiscal year and be raised
in the tax levy or from general revenues of the Town,except where a transfer or
other source is indicated they shall be provided by such transfer or other source.
Program 1000.Education
Personal Services $ 81,785,398
Expenses $ 15,507,901
Total Line Item 1.1.00,Lexington Public Schools $ 97,293,299
1200 Regional Schools $ 1,377,449
Program 2000:Shared Expenses
2110 Contributory Retirement $ 5,505,537
2120 Non-Contributory Retirement $ 13,837
2130 Employee Benefits(HIth!Dental/Life&Medicare) $ 25,239,240
2140 Unemployment $ 200,000
2150 Workers'Comp.(MGL Ch.40,Sec.13A&13C)' $ 747,665
2160 Property&Liability Insurance $ 675,952
2170 Uninsured Losses(MGL Ch.40,Sec.13)' $ 225,000
2200 Debt Service
2210 Payment on Funded Debt $ 6,904,336
2220 Interest on Funded Debt $ 1,039,068
2230 Temporary Borrowings $ 255,624
2310 Reserve Fund $ 900,000
2400 Facilities $ 10,002,416
Program 3000:Public Works
3100-3500 DPW Personal Services $ 3,948,781
3100-3500 DPW Expenses $ 2,083,458
March 28,2016Adjourned Session of the 2016Annual Town Meeting,cont...
Program 4000:Public Safety
4100 Law Enforcement Personal Services $ 5,940,478
4100 Law Enforcement Expenses $ 843,373
4200 Fire Personal Services $ 5,867,505
4200 Fire Expenses $ 542,250
Program 5000:Culture&Recreation
5100 Library Personal Services $ 2,051,126
5100 Library Expenses $ 408,527
Program 6000:Human Services
6000 Human Services Personal Services $ 524,935
6000 Human Services Expenses $ 680,979
Program 7000:Land Use,Health and Development
7100 Land Use,Health and Development Personal Services $ 1,818,489
7100 Land Use,Health and Development Expenses $ 414,153
Program 8000:General Government
8110 Selectmen Personal Services $ 146,424
8110 Selectmen Expenses $ 103,325
8120 Legal $ 410,000
8130 Town Report $ 13,500
8210-8220 Town Manager Personal Services $ 564,064
8210-8220 Town Manager Expenses $ 250,085
8230 Salary Transfer Account(MGL Ch.40,Sec 13D)* $ 673,016
and further that Line 8230 is to be transferred by the Board of Selectmen for contractual
settlements within departments upon recommendation of the Town Manager
8310 Financial Committees $ 8,000
8320 Misc.Boards and Committees $ 4,500
8330 Town Celebrations Committee $ 39,000
8400 Finance Personal Services $ 1,394,929
8400 Finance Expenses $ 497,995
8500 Town Clerk Personal Services $ 362,681
8500 Town Clerk Expenses $ 124,675
8600 Information Services Personal Services $ 798,881
8600 Information Services Expenses $ 1,030,900
Note:Asterisk denotes a Continuing Balance Account.
and that the Town transfer the fol lovvingsums to meet,in part,appropriations made at this Town
Meeting:
$ 1,200,000 from the Health Claims Trust Fund for line item 2130
$ 710,000 from the Capital Projects Stabilization Fund for line items 2210 and 2220;
$ 395,000 from the Parking Meter Fund for line items 3100-3500 and 4100;
$ 105,000 from the Cemetery Trust Fund for line item 3100-3500
$ 137,000 from the Transportation Demand Management/Public Transportation
Stabilization Fund for Appropriations for line items 6000 and 7100;
$ 3,918,300 from Unreserved Fund Balance/Free Cash;
$ 877,411 from the Water Enterprise Fund;
$ 503,898 from the Sewer Enterprise Fund;and
$ 247,826 from the Recreation Enterprise fund.
8:15 p.m. The Moderator noted that the motion included recent amendments to Article 4.
Members had been provided the amended version of the motion.
8:16 p.m. Selectman Joseph Pato moved the question,stating the unanimous support of the
Board.
March 28,2016Adjourned Session of the 2016Annual Town Meeting,cont...
8:16 p.m. Glenn Parker,Chair,Appropriation Committee,reported unanimous support of the
Committee.
8:18 p.m. The Moderator read the headings of each section of the FY17 Operating Budget.
8:18 p.m. Iang Jeon,Pct. 1,questioned the CPI index as it related to COLA,wages and
contracts.Ian Daily,Director for Finance and Operations for the Lexington Schools,responded.
8:23 p.m. Masha Traber,Pct.5,questioned mid-term enrollments.Mr.Daily responded.
8:23 p.m. Members discussed on a variety of aspects of special education services,including
enrollment,the LABB program,out of network costs and the impact of special education costs on
taxes.
8:42 p.m. In response to questions regarding shared expenses,Town Manager,Carl Valente,
referenced the Town's budget book for the breakdown of shared costs such as retirement and
facilities upkeep.
8:47 p.m. With no further questions,the Moderator called the vote on Article 4.
8:48 p.m. Following electronic vote tallying,the Moderator declared Article 4 Adopted,by the
necessary two-thirds by a vote of:
Yes No Abstain
156 1 3
8:48 p.m. The Moderator called a brief recess to recognize Town Manager,Carl Valente,who
announced the promotion of David Pinsonneault,former Manager of DPW Operations,to the
position of Director of DPW.Members applauded.
8:52 p.m. Presented by Selectman Peter Kelley.
ARTICLE 5:APPROPRIATE FY2017 ENTERPRISE FUND BUDGETS
MOTION: a) That the Town appropriate the following sums of money to operate the Water
Division of the Department of Public Works during fiscal year 2017 under the
provisions of M.G.L. Chapter 44,Section 53F'/2:
Personal Services $ 699,218
Expenses 404,025
Debt Service 1,408,876
MWRA Assessment 7,378,622
Total $9,805,227
Said sum to be funded from water receipts and$131,000 from retained earnings.
b) That the Town appropriate the following sums of money to operate the
Wastewater(Sewer)Division of the Department of Public Works during fiscal
year 2017 under the provisions of M.G.L. Chapter 44,Section 53F'/2:
Personal Services $ 298,234
Expenses 347,525
Debt Service 981,220
MWRA Assessment 7,311,103
Total $9,334,786
Said sum to be funded from wastewater receipts.
c) That the Town appropriate the following sums of money to operate the
Recreation and Community Programs Department during fiscal year 2017 under
the provisions of M.G.L. Chapter 44, Section 53F'/2:
Personal Services/Expenses $2,526,287
Debt Service 100,000
Total $2,626,287
Said sum to be funded from recreation receipts,$375,000 from retained earnings,
and a transfer of$253,007 from the tax levy.
8:53 p.m. Mr.Kelley presented the requested action and explained the appropriations under
sections(a,b,and c).He reported the unanimous support of the Board of Selectmen.
8:54 p.m. Glenn Parker,Chair,Appropriation Committee reported unanimous support of
the Committee.
March 28,2016Adjourned Session of the 2016Annual Town Meeting,cont...
8:55 p.m. With no questions from the floor,the Moderator called the vote.
8:56 p.m. Following electronic vote tallying,the Moderator declared Article 5 Adopted by a
vote of:
Yes No Abstain
159 0 1
8:56 p.m. Moderator Deborah Brown announced ten articles,or parts thereof,to be taken as a
CONSENT AGENDA;Articles 6,8(p,q),9, 11, 15(f,g), 17, 19,20,22 and 23.
CONSENT AGENDA
ARTICLE 6: APPROPRIATE FOR SENIOR SERVICE PROGRAM
MOTION: That the Town appropriate$30,000 for the purpose of conducting a Senior Service
Program,to be spent under the direction of the Town Manager;that to meet this
appropriation$30,000 be raised in the tax levy;and that the Board of Selectmen be
authorized to establish rules and regulations for the conduct of the program.
ARTICLE 8:APPROPRIATE THE FY2017 COMMUNITY PRESERVATION
COMMITTEE OPERATING BUDGET AND CPA PROJECTS
MOTION:That the Town hear and act on the report of the Community Preservation
Committee on the FY2017 Community Preservation budget and,pursuant to the
recommendations of the Community Preservation Committee,take the following
actions:
p)That$3,289,721 be appropriated for CPA Debt Service and related costs and
to meet this appropriation$410,050 be appropriated from the Open Space
Reserve of the Community Preservation Fund and$2,879,671 be appropriated
from the Unbudgeted Reserve of the Community Preservation Fund;and
q)That$150,000 be appropriated for the Administrative Expenses and all other
necessary and proper expenses of the Community Preservation Committee for
FY2017 and to meet this appropriation$150,000 be appropriated from the
Unbudgeted Reserve of the Community Preservation Fund.
ARTICLE 9: APPROPRIATE FOR RECREATION CAPITAL PROJECTS
MOTION: That$65,000 be appropriated for Pine Meadows Golf Course improvements,and
that to meet this appropriation$65,000 be appropriated from Recreation Fund
Retained Earnings.
ARTICLE 11:APPROPRIATE FOR WATER SYSTEM IMPROVEMENTS
MOTION: That this article be indefinitely postponed.
ARTICLE 15: APPROPRIATE FOR PUBLIC FACILITES CAPITAL PROJECTS
MOTION: That the following amounts be appropriated for the following capital improvements
to public facilities and that each amount be raised as indicated:
f) Diamond Middle School Renovations-Construction-That this item be
indefinitely postponed;
g) Clarke Middle School Renovations-Construction-That this item be
indefinitely postponed;
ARTICLE 17:VICTORY GARDEN WAY ACCEPTANCE
MOTION: To establish as a Town way and accept the layout of Victory Garden Way from
Hancock Street a distance of 1,172 feet,more or less,to Hancock Street as laid out
by the Selectmen and shown upon a plan on file in the office of the Town Clerk,
dated October 14,2015,and to authorize the Selectmen to take by eminent domain,
purchase or otherwise acquire any fee,easement or other interest in land necessary
therefor.
ARTICLE 19: APPROPRIATE BONDS AND NOTES PREMIUMS
MOTION: That this article be indefinitely postponed.
March 28,2016Adjourned Session of the 2016Annual Town Meeting,cont...
ARTICLE 20: RESCIND PRIOR BORROWING AUTHORIZATION
MOTION: That the unused borrowing authority as set forth below be and is hereby rescinded:
Article# Town Meeting Action Project Description Amount to be
Rescinded
6 November 19,2012 Estabrook Construction $ 2,600,000
Special Town Meeting Supplemental
12D 2012 Annual Town Culvert Replacement $ 28,000
Meeting
10L 2013 Annual Town DPW Equipment $ 83,365
Meeting
10B 2014 Annual Town DPW Equipment $ 27,022
Meeting
10M 2014 Annual Town Ambulance Replacement $ 21,789
Meeting
14B 2014 Annual Town LHS Heating Systems $ 26,080
Meeting Upgrade(Phase 2 and 3)
3 March 23,2015 Special Fire Engine $ 20,335
Town Meeting#2
18B 2015 Annual Town Middle School $ 363,000
Meeting Circulation&Parking
Improvements
ARTICLE 22: APPROPRIATE TO STABILIZATION FUND
MOTION: That this article be indefinitely postponed.
ARTICLE 23: APPROPRIATE FROM DEBT SERVICE STABILIZATION FUND
MOTION: That$124,057 be appropriated from the Debt Service Stabilization Fund to offset the
FY2017 debt service of the bond dated February 1,2003 issued for funding additions
and renovations to the Lexington High School,Clarke Middle School and Diamond
Middle School as refunded with bonds dated December 8,2011.
8:57 p.m. There were no questions from members regarding articles on the Consent Agenda.
8:58.p.m. Following electronic vote tallying,the Moderator declared all articles(or parts
thereof)on the Consent Agenda Adopted by more than the necessary two-thirds by a vote of:
Yes No Abstain
156 0 1
8:59 p.m. Presented by Selectmen Norman Cohen.
ARTICLE 7: ESTABLISH AND CONTINUE DEPARTMENTAL REVOLVING FUNDS
MOTION: That the Town authorize the following revolving funds for certain Town departments
pursuant to the provisions of M.G.L.Chapter 44, Section 53E'/2 for Fiscal Year 2017
beginning July 1,2016,as follows:
Revolving Authorized Departmental Use of Fund FY2017
Fund Representative Receipts Authorization
or Board to
Spend
Building Rental Public Facilities Building Rental Personnel and $460,000
Revolving Director Fees Expenses Related
Fund to the Rental of
Facilities
DPW Burial Public Works Sale of Grave Program $40,000
Containers Director Boxes and Burial Expenses
Vaults
DPW Compost Public Works Sale of Compost Personnel, $615,000
Operations Director and Loam,Yard Benefits,
Waste Permits Program
Expenses and
Capital
March 28,2016Adjourned Session of the 2016Annual Town Meeting,cont...
Revolving Authorized Departmental Use of Fund FY2017
Fund Representative Receipts Authorization
or Board to
Spend
Lexington Tree Board of Gifts,Fees and Program $45,000
Fund Selectmen Fines Expenses
Minuteman Public Works Fees Paid by Program $180,000
Household Director Consortium Expenses
Hazardous Towns
Waste Program
Health Health Director Medicare Program $14,000
Programs Reimbursements Expenses
Council on Human Services Program Fees Program $75,000
Aging Director and Gifts Expenses
Programs
Tourism/ Town Manager Liberty Ride Program $285,000
Liberty Ride and Economic Receipts, Expenses
Development including ticket
Director sales,advertising
revenue and
charter sales
School Bus School School Bus Fees Bus $1,050,000
Transportation Committee Transportation
Expenses
Regional Cache Public Works User Fees from Program $10,000
—Hartwell Director Participating Expenses
Avenue Municipalities
Visitor Center Economic Sale of Goods, Personnel, $191,000
Development Program Fees Benefits and
Director and Donations Program
Expenses
PEG Access Board of License Fees CATV contract, $565,000
Selectmen and from Cable TV equipment and
Town Manager Providers related expenses,
staff support and
benefits
8:59 p.m. Selectman Norman Cohen presented the requested action and reported unanimous
support of the Board.
9:00 p.m. Glenn Parker,Chair,Appropriation Committee,reported unanimous support of the
Committee.
9:00 p.m. David Kanter,Pct. 7,noted a typographical error in the header of the table in
Article 7,which read"FY2016 Authorization"instead of"FY2017 Authorization". The correction
was accepted without need for a formal amendment.
9:01.p.m. Following electronic vote tallying,the Moderator declared Article 7 Adopted by a
vote of:
Yes No Ab stain
158 0 1
9:02 p.m. Selectman Joseph Pato moved Article 18 be taken up.Motion Adopted.
9:03 p.m. Selectman, Suzanne Barry recused herself from discussion and voting on Article 18.
9:03 p.m. Presented by Selectman Joseph Pato.
ARTICLE 18:APPROPRIATE TO POST EMPLOYMENT INSURANCE LIABILITY
FUND
MOTION: That$1,512,318 be appropriated to the Town of Lexington Post Employment
Insurance Liability Fund,as established by Chapter 317 of the Acts of 2002,and that
to meet this appropriation$312,318 be appropriated from the General Fund
unreserved fund balance and$1,200,000 be raised in the tax levy.
9:04 p.m. Mr.Pato presented the requested action and reported support of the Board(4-0).
9:04 p.m. Glenn Parker,Chair,Appropriation Committee,reported unanimous support of the
Committee.
9:05 p.m. Thomas Griffiths,Pct. 7,posed questions and stated his lack of support.
9:05 p.m. Town Manager,Carl Valente,responded to questions.
March 28,2016Adjourned Session of the 2016Annual Town Meeting,cont...
9:10 p.m. Following electronic vote tallying,the Moderator declared Article 18 Adopted by a
vote of:
Yes No Abstain
125 21 12
9:11 p.m. Selectman Joseph Pato moved Article 21 be taken up.Motion Adopted.
9:11 p.m. Presented by Selectman Suzanne Barry.
ARTICLE 21: ESTABLISH AND APPROPRIATE TO AND FROM SPECIFIED
STABILIZATION FUNDS
MOTION: a)That$5,112,434 be appropriated to the Capital Stabilization Fund,and to meet
this appropriation$3,100,000 be appropriated from the General Fund unreserved
fund balance,and 2,012,434 be raised in the tax levy;and
b)That the purpose of the Transportation Demand Management/Public
Transportation Stabilization Fund as established at the 2007 annual town meeting of
"supporting the operations of Lexpress Bus Service"be revised to"supporting the
planning and operations of transportation services to serve the needs of town
residents and businesses".
9:12 p.m. Selectman Suzanne Barry presented the requested action and reported the unanimous
support of the Board.
9:13 p.m. William Hurley,Chair, School Committee,reported the support of the Committee.
9:14 p.m. Glenn Parker,Chair,Appropriation Committee reported unanimous support of the
Committee.
9:14 p.m. Jill Hai,Chair,Capital Expenditures Committee,reported unanimous support of the
Committee.
9:15 p.m. Nancy Corcoran-Ronchetti,Chair,Planning Board,reported support of the Board.
9:15 p.m. There were no questions from the floor.
9:15 p.m. Following electronic vote tallying,the Moderator declared Article 21 Adopted by
more than the necessary two-thirds by a vote of:
Yes No Abstain
158 0 1
9:16 p.m. Selectman Joseph Pato moved Article 24 be taken up.Motion Adopted.
9:16 p.m. Presented by Selectmen Norman Cohen.
ARTICLE 24:APPROPRIATE FOR PRIOR YEARS'UNPAID BILLS
MOTION: That this article be indefinitely postponed.
9:16 p.m. Selectmen Norman Cohen moved to indefinitely postpone Article 24.
9:17 p.m. The Moderator called for a voice vote on the Article 24.Unanimously
Adopted.
9:18 p.m. Selectman Joseph Pato moved that Article 31 be taken up.Motion Adopted.
9:18 p.m. Presented by Selectman Norman Cohen.
ARTICLE 31: AMEND GENERAL BYLAWS—CONTRACTS AND DEEDS
MOTION: That Chapter 32 of the Code of the Town of Lexington,Contracts and Deeds, be
amended by deleting§32-4 in its entirety and substituting therefor the following:
A. With respect to any contract governed by M.G.L.c.30B,the Town and all of its
departments,under the supervision of the Town Manager,are authorized to
solicit,award and enter into the following types of contracts for periods up to the
number of years shown below,including any renewal,extension or option
provision,subject to annual appropriation but without further authorization by
Town Meeting;provided,however,that no such contract shall be entered into for
a term greater than three years without the approval of the Board of Selectmen
unless the term of the contract has been expressly authorized by a vote of Town
Meeting:
Type of Contract Number
of Years
Lease of public lands 20
Lease of public buildings 30
Lease of any equipment 10
March 28,2016Adjourned Session of the 2016Annual Town Meeting,cont...
Lease purchase of any equipment 10
Maintenance agreements for equipment,buildings or grounds 5
Transportation services 10
Purchase of oil,fuel and electricity 5
Lighting maintenance 10
Waste disposal and recycling 20
Water supply 20
Community television services 10
Leases,licenses,power purchase agreements and/or other 22
agreements for the purpose of installing solar energy facilities
and purchasing solar electricity
Agreements for payments in lieu of taxes(PILOTS)with 20
owners of solar energy facilities on Town-owned property
All other contracts 5
9:18 p.m. Selectman Norman Cohen presented the requested action.
9:18 p.m. Glenn Parker,Chair,Appropriation Committee,reported unanimous support of the
Committee.
9:19 p.m. Selectman Norman Cohen reported unanimous support of the Board of Selectmen.
9:20 p.m. Following electronic vote tallying,the Moderator declared Article 31 Adopted by a
vote of:
Yes No Abstain
156 0 2
9:23 p.m. Selectman Joseph Pato served Notice of Reconsideration of Article 5.
9:23 p.m. Selectman Joseph Pato moved adjournment to Wednesday,March 30,2016,
7:30 p.m.,at the Lexington High School,Donald J.Gilespe,Jr.Auditorium.Motion Adopted.
A true copy.
Attest
Nathalie L.Rice,Town Clerk
March 30,2016 Adjourned Session of the 2016 Annual Town Meeting
Moderator Deborah Brown called the fourth session of the 2016 Annual Town Meeting to order at
7:32 p.m.,Wednesday,March 30,2016 at the Lexington High School,Donald J.Gilespe,Jr.
Auditorium,a quorum in excess of 100 of members present.
7:39 p.m. After announcements and testing of the electronic voting devices,the Moderator
declared the meeting open on Article 39.
7:40 p.m. Presented by Richard Canale,Pct.9,Planning Board.
ARTICLE 39: AMEND ZONING BYLAW—MAXIMUM HEIGHT OF STRUCTURES
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 this bylaw be permitted in order that it be in compliance
with the numbering format of the Code of the Town of Lexington.
MOTION FOR ARTICLE 39 PER PLANNING BOARD REPORT
That Chapter 135 of the Code of the Town of Lexington,the Zoning Bylaw,be amended as follows:
1. Add a new§ 135-4.3.5 as follows:
4.3.5 Height of dwellings near lot lines. The height of a one-family or two-family dwelling
may not exceed the maximum height from Table 2 or 20 feet plus 4/3 times the smallest
distance from the dwelling to a lot line,whichever is less.
March 30,2016Adjourned Session of the 2016Annual Town Meering,cont...
2. Modify§ 135-6.9.5.3,Dimensional Standards applicable to Special Permit Residential
Developments,by adding the underlined text to read as follows:
3.Yard&Height Requirements. Yards required by§ 135-4.0 and the height limit of§ 135-
4.3.5 apply to the perimeter of the site,but are not applicable within the site.
3. Modify§ 135-8.4.1 by adding the underlined text and removing the struck-though text to read as
follows:
8.4.1 No Increase in Nonconforming Nature. Nonconforming one-family and two-family
dwellings may be reconstructed,extended,altered,or structurally changed,or a new accessory
structure may be constructed,upon a determination by the Building Commissioner that the
nonconforming nature of the structure is not increased. Such determination will be deemed to
be as of right and the applicant entitled to the issuance of a building permit where each structure
is reconstructed,extended,altered,or changed so as to(a)contain the improvements within the
site coverage and height of an existing structure;or(b)comply with the following side yard
requirements and the front and rear yard requirements of§ 135 'I.Oapplicable yard and height
requirements of§4.0,except that the side yard may be reduced as noted below:
If actual lot frontage is Side yard must be at least
100 feet or more Not less than 15 feet
More than 75 feet but 4e&¬ more than 100 feet Not less than 12 feet
More than 50 feet but not more than 75 feet Not less than 10 feet
More than 0 feet but not more than 50 feet or less* Not less than 7.5 feet
NOTES: *but not 0
7:40 p.m. Mr. Canale presented the request action,noting that the Planning Board's Report on
Article 39 had been previously received and placed on file.He explained that passage of Article 39
would limit the height of certain houses close to property lines. He made a lengthy presentation
showing examples and sketches,and reported unanimous support of the Planning Board.
7:53 p.m. Selectman Michelle Ciccolo reported support of the Board in a(4-1)vote.
7:56 p.m. Members John Rossi,Pct. 1,and Dawn McKenna,Pct. 6,spoke in opposition,
stating financial burden to homeowners.
8:06 p.m. Victoria Blier,Pct.9,spoke in favor.
8:08p.m. Resident Robert Martin,5 Audubon Road,spoke in opposition,stating that the
amendments discriminated against small lot owners.
8:18p.m. Steven Heinrich,Pct.3,asked whether any small lots existed where owners would be
prevented from adding a second story due to the proposed zoning amendment.Mr. Canale
responded that he was not aware of any such lots.
8:24 p.m. Rodney Cole,Pct.9,spoke in favor.
8:24 p.m. Following electronic vote tallying,the Moderator declared Article 39 Adopted by
more than the necessary two-thirds by a vote of:
Yes No Abstain
138 31 3
8:27 p.m. Selectman Joseph Pato moved to take Articles 39,40 and 41 out of order.Motion
Adopted.
8:27 p.m. Presented by Charles Hornig,member,Planning Board.
ARTICLE 40: AMEND ZONING BYLAW—ACCESSORY APARTMENTS
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 this bylaw be permitted in order that it be in compliance
with the numbering format of the Code of the Town of Lexington.
That Chapter 135 of the Code of the Town of Lexington,the Zoning Bylaw,be amended as follows:
March 30,2016Adjourned Session of the 2016Annual Town Meering,cont...
1. Delete§ 135-6.7 and replace with the following:
6.7 ACCESSORY APARTMENTS.
6.7.1 Purpose. This section authorizing the provision of accessory dwelling units is intended to:
1. Increase the number of small dwelling units available in the Town;
2. Increase the range of choice of housing accommodations;
3. Encourage greater diversity of population with particular attention to young adults and
senior citizens;and
4. Encourage a more economic and energy-efficient use of the Town's housing supply
while maintaining the appearance and character of the Town's one-family
neighborhoods.
6.7.2 General. An accessory apartment is a second dwelling unit subordinate in size to the
principal dwelling unit on a lot,located in either the principal dwelling or an accessory
structure.
6.7.3 Conditions and Requirements;General. The following standards shall apply:
1. There shall be no more than one accessory apartment on a lot.
2. The owner of the property on which the accessory apartment is to be created shall
occupy one or the other of the dwelling units,except for temporary absences as provided
herein. For the purposes of this section,the"owner" shall be one or more individuals
who constitute a family,who hold title directly or indirectly to the dwelling,and for
whom the dwelling is the primary residence.
2. Temporary absence of owner. An owner of a property containing an accessory
apartment who is to be absent for a period of less than two years may rent the owner's
unit as well as the second unit during the temporary absence provided:
a. Written notice thereof shall be made to the Building Commissioner on a form
prescribed by him.
b. The owner shall be resident on the property for at least two years prior to and
between such temporary absences.
6.7.4 Conditions and Requirements;Exterior Appearance. The accessory apartment shall be
designed to maintain the appearance and essential character of a one-family dwelling with
accessory structures,subject further to the following conditions and requirements:
1. All stairways to second or third stories shall be enclosed within the exterior walls of the
dwelling.
2. Where two or more entrances exist on the front facade of a dwelling,one entrance shall
appear to be the principal entrance and other entrances appear to be secondary.
6.7.5 Basic Accessory Apartment. A basic accessory apartment shall be permitted if the
following criteria are met:
1. The apartment shall be located in the principal dwelling.
2. The gross floor area of the apartment shall not exceed 1,000 square feet.
3. There shall not be more than two bedrooms in the apartment.
6.7.6 Expanded Accessory Apartment. The SPGA may grant a special permit for an expanded
accessory apartment if the following criteria are met:
1. The gross floor area of the apartment shall not exceed 40%of the gross floor area of the
dwelling,excluding areas of the structure used for parking.
2. The apartment shall be located in the principal dwelling.
3. The size of the dwelling is consistent with typical nearby one-family dwellings.
6.7.7 Accessory Structure Apartment. Notwithstanding the prohibition against having more
than one dwelling on a lot,the SPGA may grant a special permit to allow the construction of an
accessory apartment in an accessory structure on the same lot as a one-family dwelling if the
following criteria are met:
1. The gross floor area of the apartment does not exceed 1,000 square feet.
2. The SPGA determines that the exterior appearance of the accessory structure is
compatible with the principal dwelling on the same lot and with dwellings and accessory
structures on adjoining lots.
March 30,2016Adjourned Session of the 2016Annual Town Meering,cont...
2. Amend the definition of Accessory apartment in§ 135-10,as detailed below:
Accessory apartment: A second dwelling unit subordinate in size to the principal dwelling
unit on an owner occupied lot,located in either the principal dwelling or an accessory
structure. The apartment is constructed so as to maintain the appearance and essential character
of a one-family dwelling and any ex.i.stiug accessory structures.
3. Delete§ 135-6.9.16 and replace it with the following:
6.9.16 Accessory Apartments. The SPGA may authorize accessory apartments,as described in
§6.7 of this bylaw,to be created within a site sensitive development.
8:28 p.m. Mr.Hornig presented the requested action,noting that the Planning Board's Report
on Article 40 had been received and placed on file.He explained the amendment,stating that its
intention was to preserve the appearance and character of one-family developments.He said the
Planning Board considered accessory apartments a source of dwelling units suited to increase
diversity.He reported unanimous support of the Planning Board.
8:42 p.m. Selectman Norman Cohen reported unanimous support of the Board.
8:43 p.m. Glenn Parker,Chair,Appropriation Committee,reported lack of support of the
Committee in a(2-6-1)vote.
8:43 p.m. Members commented on the motion,raising issues related to impacts on the school
system,the need to allow residents to age in place and housing options that allowed young people
to remain in Lexington.
9:01 p.m. Betsey Weiss,Pct.2,urged support and stressed the importance of increasing
diversity.
9:05 p.m. Sanjay Padaki,Pct. 8,questioned homeowner absence.Mr.Hornig and Planning
Director Aaron Henry responded.
9:12 p.m. Brian Heffernan,Pct. 1,questioned accessory apartments in new construction.Mr.
Canale reported that since 2005 there had been few such apartments.
9:16 p.m. Tina McBride,45 Turning Mill Road,spoke in favor.
9:17 p.m. Mr.Hornig made brief final comments.
9:17 p.m. Following electronic vote tallying,the Moderator declared Article 40 Adopted by
more than the necessary two-thirds by a vote of:
Yes No Abstain
128 41 3
9:18 p.m. The Moderator called a brief recess to recognize the 93rd birthday of Dan Fenn,Jr.,
Pct.3,and his long-standing membership in Town Meeting.Members applauded and gave Mr.
Fenn a standing ovation.
9:20 p.m. The Moderator called the meeting back to order and open on Article 41.
9:20 p.m. Presented by Ginna Johnson,member,Planning Board.
ARTICLE 41: AMEND ZONING BYLAW—FLOOR AREA RATIO(FAR)
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 this bylaw be permitted in order that it be in compliance
with the numbering format of the Code of the Town of Lexington.
That Chapter 135 of the Code of the Town of Lexington,the Zoning Bylaw,be amended as follows:
1. Insert new sub-section to Section 4.0,Dimensional Controls,to set a maximum gross floor area
standard for residential uses,as depicted below:
4.4 RESIDENTIAL GROSS FLOOR AREA.
4.4.1 Purpose. Lexington seeks to have a socially and economically diverse community,
both over the whole of the community and within its neighborhoods. In support of
that fundamental social goal,a basic housing goal is to provide housing opportunities
supportive of the population diversity we seek. The Town encourages small-and
medium-sized housing stock,in the interest of providing diverse housing sizes
throughout the Town. Section 4.4 limits the massing of buildings,which may impact
owners of abutting properties,the streetscape,landscape,and the character of the
neighborhood and Town.
March 30,2016Adjourned Session of the 2016Annual Town Meering,cont...
4.4.2 Maximum Allowable Residential Gross Floor Area Table. The total gross floor area
of all buildings on a lot containing a one-family or two-family dwelling may not
exceed the amount listed in the table below based on lot area.
Lot Area Maximum Gross Floor Area
(in square feet) (in square feet)
0—5,000 0.8 * Lot Area
5,000—7,500 4,000+0.55 * (Lot Area—5,000)
7,500—10,000 5,375+0.23 * (Lot Area—7,500)
10,000—15,000 5,950+0.2 * (Lot Area—10,000)
15,000—30,000 6,950+0.16* (Lot Area—15,000)
More than 30,000 9,350+0.16* (Lot Area—30,000)
4.4.3 Special Permit. Pursuant to§9.4,the SPGA may grant a special permit for a
building to exceed the maximum gross floor area otherwise allowed by §4.4
provided that the SPGA finds that the desired relief may be granted without
substantial detriment to the neighborhood and without derogating from the intent and
purpose of this Bylaw including Town policy documents that define Housing Goals.
In addition to the criteria in§9.4.2,the SPGA shall find that:
a. The project is compatible with the scale of the neighborhood;
b. The massing of the project does not adversely impact the solar access of
adjoining lots;
c. Noise generated by fixed plant equipment,such as,but not limited to,air
conditioners,pumps,fans,and furnaces,does not adversely impact
adjoining lots;and
d. The project design addresses specific neighborhood and Town concerns.
2. To ensure consistency with the introduction of a residential GFA standard:
a. Update§ 135-4.4.1,Schedule of Dimensional Controls(Table 2),by changing the label for
the seventh line from"Maximum Floor Area Ratio(FAR)"to"Maximum Nonresidential
Floor Area Ratio.";and
b. Update the gross floor area standards for Special Permit Residential Developments(§ 135-
6.9.6),as detailed below:
1. Site sensitive developments(SSD). Gross floor area of the dwellings in a SSD is not
regulated. The total gross floor area(GFA)in a SSD may not exceed the sum of the
gross floor area that would be permitted on each of the lots shown on the proof plan
under§ 135-4.4 of this bylaw.
9:21p.m. Ms.Johnson presented the requested action,making a lengthy presentation and
reporting unanimous support of the Planning Board.
9:40 p.m. Selectman Joseph Pato reported two members of the Board in favor;one opposed,
and two undecided.
9:41 p.m. Glenn Parker,Chair,Appropriation Committee,reported no formal position of the
Committee.
9:42 p.m. Joel Adler,Pct. 1,spoke in opposition,stating hardships imposed on owners of
smaller homes.
9:44 p.m. Selectmen Peter Kelley spoke in opposition.
9:54 p.m. Mary Feeley, 163 Grove Street,spoke in opposition,stating her concern that
Article 41 would place an unfair burden on parents of disabled children.
9:57 p.m. Sanjay Padaki,Pct. 8,questioned how open space would be considered in the
calculation of lot area.
9:59 p.m. Aaron Henry,Director of Planning,responded.
10:00 p.m. Victoria Blier,Pct.9,voiced concern about designation of basements,though urged
support.
10:05 p.m. Dawn McKenna,Pct. 6, spoke in opposition,stating the passage of Article 41 would
eliminate certain options and impose hardships for those caring for family members.
10:11 p.m. Philip Hamilton,Pct. 7,speaking as a Town Meeting member,stated Article 41
would limit impervious surfaces,and therefore limit flooding.
10:20 p.m. Jill Hai,Chair of the Capital Expenditures Committee noted excellent work done on
Article 41 preparation,though stated concern about designations of attics and basements.
March 30,2016Adjourned Session of the 2016Annual Town Meering,cont...
10:22 p.m. David Fairman,5 Tucker Avenue,spoke in support of the article,stating need to
preserve village character,and reduce impact to trees,runoff and drainage.
10:30 p.m. Selectmen Peter Kelley spoke in response to a question from Anthony Galaitsis,
Pct. 5.Mr.Kelley stated that his opposition to Article 41 hinged on a homeowner's property rights
and his belief that it would limit tax revenue.
10:30 p.m. John Hayward,Pct. 5,moved the question.
10:36 p.m. Frank Sandy,Pct. 6,requested an electronic vote.The Moderator agreed.
10:37 p.m. Following electronic vote tallying,the Moderator declared the motion to call the
question Adopted by a vote of:
Yes No Abstain
102 60 6
10:44 p.m. Ginna Johnson,Planning Board member,gave a brief summary statement.
10:45 p.m. Following electronic vote tallying,the Moderator declared Article 41 Adopted by
more than the necessary two-thirds by a vote of:
Yes No Abstain
127 41 2
10:46 p.m. Dawn McKenna,Pct. 6,served Notice of Reconsideration of Article 41.
10:46 p.m. Selectman Joseph Pato moved adjournment to Monday April 4,2016,7:30 p.m.,at
the Margery Milne Battin Hall in the Cary Memorial Building.Motion Adopted.
A true copy.
Attest
Nathalie L.Rice,Town Clerk
April 4,2016 Adjourned Session of the 2016 Annual Town Meeting
Moderator Deborah Brown called the fifth session of the 2016 Annual Town Meeting to order at
7:33 p.m.,Monday,April 4,2016,at the Margery Milne Battin Hall,Cary Memorial Building,a
quorum in excess of 100 of members present.
7:41 p.m. After announcements and testing of the electronic voting devices,the Moderator
declared the meeting open on Article 2.
ARTICLE 2: REPORTS OF TOWN BOARDS AND COMMITTEES
7:42 p.m. Jill Hai,Pct.4,Chair,Capital Expenditures Committee,moved the Report of the
Committee be received and placed on file.Unanimously Adopted.Ms.Hai presented the Report of
the Committee.
7:48 p.m. Marilyn Fenollosa,Chair,Community Preservation Committee,moved the Reports
of the Committee(dated March 17,2016,addendum March 31,2016)be received and placed on
file.Unanimously Adopted.Ms.Fenollosa presented the Report of the Committee,briefly
summarizing the FY17 projects.
7:59 p.m. The Moderator called the Meeting open on Article 8,and reviewed procedures for
addressing its subsections.
8:00 p.m. Presented by Marilyn Fenollosa,Chair,Community Preservation Committee.
ARTICLE 8: APPROPRIATE THE FY2017 COMMUNITY PRESERVATION
COMMITTEE OPERATING BUDGET AND CPA PROJECTS
MOTION: That the Town hear and act on the report of the Community Preservation
Committee on the FY2017 Community Preservation budget and,pursuant to the
recommendations of the Community Preservation Committee,take the following
actions:
That the Town reserve for appropriation the following amounts from estimated
FY2017 receipts as recommended by the Community Preservation Committee:
1.$538,600 for the acquisition,creation and preservation of open space;
2.$538,600 for the acquisition,preservation,rehabilitation and restoration of
historic resources;
3.$538,600 for the acquisition,creation,preservation and support of community
housing;and
4.$3,770,200 to the Unbudgeted Reserve.
April 4,2016Adjourned Session of the 2016Annual Town Meering,cont...
And further,that the Town make appropriations from the Community
Preservation Fund and other sources as follows:
a.)That this item be indefinitely postponed;
b)That$30,000 be appropriated for the Munroe Center for the Arts Window
Study,and to meet this appropriation$30,000 be appropriated from the
Historic Resources Reserve of the Community Preservation Fund;
c)That$24,280 be appropriated for the Lexington Arts and Crafts Society
Parsons Gallery Lighting Renovation,and to meet this appropriation$24,280
be appropriated from the Historic Resources Reserve of the Community
Preservation Fund;
d)That this item be indefinitely postponed;
e)That$185,000 be appropriated to support LexHAB in the acquisition of a
single family dwelling at 5 Keeler Farm Way(Lot 7G on Assessors'Map 62),
and to meet this appropriation$185,000 be appropriated from the Community
Housing Reserve of the Community Preservation Fund,subject to the
condition that LexHAB convey an affordable housing restriction to the Town
of Lexington on terms and conditions as determined by the Board of
Selectmen,or to a non-profit affordable housing entity or agency,as
designated by the Board of Selectmen,on said parcel;
f)That$263,250 be appropriated for the Greeley Village Rear Door and Porch
Preservation,and to meet this appropriation$263,250 be appropriated from
the Community Housing Reserve of the Community Preservation Fund;
g)That$35,000 be appropriated for Wright Farm Barn Needs Assessment and
Feasibility Study,and to meet this appropriation$35,000 be appropriated from
the Open Space Reserve of the Community Preservation Fund;
h)That$60,000 be appropriated for completion of the Antony Park Project,and
to meet this appropriation$60,000 be appropriated from the Unbudgeted
Reserve of the Community Preservation Fund;
i)That$120,000 be appropriated for implementation of the design for the
Minuteman Bikeway Wayfinding Signs,and to meet this appropriation
$120,000 be appropriated from the Unbudgeted Reserve of the Community
Preservation Fund;
j)That$166,000 be appropriated for the Town Pool Renovation Design and
Engineering Costs,and to meet this appropriation$166,000 be appropriated
from the Unbudgeted Reserve of the Community Preservation Fund;
k)That$61,000 be appropriated for park improvements—hard court resurfacing,
and to meet this appropriation$61,000 be appropriated from the Unbudgeted
Reserve of the Community Preservation Fund;
1)That$30,000 be appropriated for Granite Forest Pocket Park Construction at
Lincoln Park,and to meet this appropriation$30,000 be appropriated from the
Unbudgeted Reserve of the Community Preservation Fund;
m)That$120,000 be appropriated for park improvements—athletic fields,and to
meet this appropriation$120,000 be appropriated from the Unbudgeted
Reserve of the Community Preservation Fund;
n)That$75,000 be appropriated for park and playground improvements,and to
meet this appropriation$75,000 be appropriated from the Unbudgeted
Reserve of the Community Preservation Fund;
o)That$127,838 be appropriated for Grain Mill Alley Design Implementation,
and to meet this appropriation$127,838 be appropriated from the Open Space
April 4,2016Adjourned Session of the 2016Annual Town Meering,cont...
Reserve of the Community Preservation Fund;
p)That$3,289,721 be appropriated for CPA Debt Service and related costs and
to meet this appropriation$410,050 be appropriated from the Open Space
Reserve of the Community Preservation Fund and$2,879,671 be appropriated
from the Unbudgeted Reserve of the Community Preservation Fund;and
q)That$150,000 be appropriated for the Administrative Expenses and all other
necessary and proper expenses of the Community Preservation Committee for
FY2017 and to meet this appropriation$150,000 be appropriated from the
Unbudgeted Reserve of the Community Preservation Fund.
8:00 p.m. The Moderator called the vote on Parts 1-4.
8:01 p.m. Selectman Cohen reported unanimous support of the Board for Parts 1-4.
8:01 p.m. Jill Hai,Chair,Capital Expenditures Committee,reported unanimous support of the
Committee for Parts 1-4.
8:01 p.m. Glenn Parker,Chair,Appropriations Committee,reported unanimous support of the
Committee for Parts 1-4.
8:03 p.m. With no questions from the floor,the Moderator called for a voice vote on Article 8,
Parts 1-4.Motion Adopted.
8:03 p.m. Article 8(a)Munroe Tavern Archeological Dig and Article 8(d)Visitors Center
Renovation:
8:02 p.m. Ms.Fenollosa moved to Indefinitely Postpone Article 8(a)and(d).
8:03 p.m. The Moderator called for a voice vote on Article 8(a)and(8d).Unanimously
Adopted.
8:04 p.m. Ms.Fenollosa asked the Moderator to recognize Lisa Rhodes,member,Recreation
Committee for the presentation of the Recreation projects,Article 8(j-m).
8:04 p.m. Article 8(i)Town Pool Renovation Design and Engineering Costs:Ms.Rhodes
described the$166,000 project,stating that after the design and engineering phase,the Recreation
Committee would return to Town Meeting in 2017 for an appropriation for the replacement of the
pool filtration system.
8:07 p.m. Article 8(k)Park Improvements—Hard Court Resurfacing:Ms.Rhodes stated
that the$61,000 requested would be used to resurface Rindge and Kineen's Parks,where playing
surfaces were degrading.
8:09 p.m. Article 8(1)Granite Forest Pocket Park Construction at Lincoln Park:Ms.
Rhodes explained that this project for$30,000 in CPA funds was a public/private initiative and
would involve the installation of antique granite stones and the construction of a bridge.
8:11 p.m. Article 8(m)Park Improvements—Athletic Fields:This project of$120,000
sought improvements at Adams Park,Ms.Rhodes explained. She stated that the fields had degraded
over time,and that CPA funds would be used for laser grading.
8:13 p.m. Selectman Norman Cohen reported unanimous support of the Board of Selectmen for
Article 8(j-m).
8:14 p.m. Jill Hai,Chair,Capital Expenditures Committee,reported unanimous support for
Article 8(j-m),except 8(1)for which she reported unanimous Committee opposition. She asked to
have 8(1)voted on separately.
8:14 p.m. Glenn Parker,Chair,Appropriation Committee,reported unanimous support of
Article 8(j,k,m,n).He said the Committee voted to support 8(1)in a(6-2)vote.
8:15 p.m. Members posed a variety of questions on the recreation projects,including pool costs
in FY17,details of hard court surfacing and work at the Adams Field.Ms. Simmons,Director of the
Lexington Community Center,and Chris Filadoro, Superintendent of Parks and Recreation,
responded.
8:24 p.m. Following electronic vote tallying,the Moderator declared Article 8(j,k,m,n)
Adopted by a vote of:
Yes No Abstain
146 1 1
April 4,2016Adjourned Session of the 2016Annual Town Meering,cont...
8:25 p.m. The Moderator returned to Article 8(1),Granite Forest Pocket Park Construction,
for discussion. She recognized Doug Lucente, 17 Vine Brook Road,member,Lincoln Park
Subcommittee.Mr.Lucent reviewed the details of the project and the breakdown of private and
municipal funding.
8:32 p.m. Jill Hai,Chair,Capital Expenditures Committee,stated that the Committee believed
that the project should have been included in the Town's capital plan. She reported unanimous
Committee opposition.
8:33 p.m. Glenn Parker,Chair,Appropriation Committee,reported support of the Committee
in a(8-0)vote after hearing the details of the project.
8:33 p.m. The Moderator confirmed the Board of Selectmen's unanimous support.
8:38 p.m. Following electronic vote tallying,the Moderator declared Article 8(1)Adopted by a
vote of:
Yes No Abstain
133 11 5
8:40 p.m. Article 8(b)Munroe Center for the Arts Window Study:Thomas Griffiths,
Pct.4,Chair,Munroe Center for the Arts,presented the requested action,explaining the details of
the$30,000 window replacement project.He stated that one hundred and seventeen 4'x6'windows
were in need of replacement and that the CPA study funds would be used to determine the best
option—renovation or replacement.
8:45 p.m. Ms.Fenollosa reported unanimous support of the Community Preservation
Committee.
8:45 p.m. Selectman Norman Cohen reported unanimous support of the Board of Selectmen.
8:45 p.m. Jill Hai,Chair,Capital Expenditures Committee,reported unanimous support of the
Committee.
8:45 p.m. Glenn Parker,Chair,Appropriation Committee,reported unanimous support of the
Committee.
8:46 p.m. Steven Heinrich,Pct.3,sought clarification on the Town's lease to the Munroe
Center for the Arts.Mr.Griffiths responded.Town Manager,Carl Valente addressed questions
regarding the lease,noting that the rent on the Center brought in$24,000 per year.
8:52 p.m. Frank Sandy,Pct. 6,spoke in opposition.
8:55 p.m. Deborah Strod,Pct.6,sought clarification on lead paint removal/treatment.Mr.
Griffiths responded that there would be no issue of lead removal if the windows were replaced,but
due to lead on the sashes,renovation would require off-site de-leading.
8:55 p.m. Mr.Griffiths answered questions regarding the payment of utilities.
8:57 p.m. Following electronic vote tallying,the Moderator declared Article 8(b)Adopted by
a vote of:
Yes No Abstain
134 9 3
8:58 p.m. Article 8(c)Lexington Arts& Crafts Society Parsons Gallery Lighting
Renovation:The Moderator recognized Robert Scherzer,39 Moon Hill Road,Co-
President of the Lexington Arts and Crafts Society,who presented the$24,280 CPA request for
rehabilitation of interior lighting.
9:04 p.m. Ms.Fenollosa reported unanimous support of the Community Preservation
Committee.
9:04 p.m. Selectman,Norman Cohen reported support of the Board of Selectmen,(4-1).
9:04 p.m. Jill Hai,Chair,Capital Expenditures Committee,reported opposition of the
Committee.
9:05 p.m. Glenn Parker,Chair,Appropriation Committee,reported opposition of the
Committee,(3-6).
9:05 p.m. Jean Hart,32 Wyman Road,spoke in support.
9:11 p.m. Ms.Fenollosa responded to questions about eligibility.
9:14 p.m. Thomas Griffiths,Pct.4,urged support.
9:17 p.m. Ms.Fenollosa and Town Counsel Kevin Batt responded to questions regarding the
need for a historical preservation restriction.Mr.Batt stated such a restriction was not necessary.
9:21 p.m. Members discussed the use of CPA funds for non-profit entities.
9:22 p.m. Following electronic vote tallying,the Moderator declared Article 8(c)Adopted by a
vote of:
Yes No Abstain
112 28 6
9:23 p.m. Article 8(e)Keeler Farm Community Housing Acquisition:The Moderator
recognized Robert Burbridge,Vice Chair of LexHAB.Mr.Burbridge presented the requested
April 4,2016Adjourned Session of the 2016Annual Town Meering,cont...
action,describing the renovation of an existing two-bedroom residence for affordable housing.He
reported that LexHAB would be applying for$75,000 in reimbursement from the HOME program.
9:24 p.m. Ms.Fenollosa reported unanimous support of the Community Preservation
Committee.
9:24 p.m. Selectman,Norman Cohen reported unanimous support of the Board of Selectmen.
9:24 p.m. Jill Hai,Chair,Capital Expenditures Committee,reported unanimous support of the
Committee.
9:24 p.m. Glenn Parker,Chair,Appropriation Committee,reported unanimous support of the
Committee.
9:24 p.m. Nancy Corcoran-Ronchetti reported support of the Planning Board,(3-0).
9:26 p.m. Following electronic vote tallying,the Moderator declared Article 8(e)Adopted by a
vote of:
Yes No Abstain
135 1 4
9:27 p.m. Article 8(f)Greeley Village Rear Door and Porch Preservation:Ms.Fenollosa
asked the Moderator to recognize Caylene Foley,Executive Director of the Lexington Housing
Authority(LHA).
9:27 p.m. Ms.Foley presented the$263,250 request for rehabilitation of 100 rear exit doors and
75 porches at Greeley Village. She stated the entire project would cost$351,000 and that LHA
would receive state funding for the difference.
9:32 p.m. The Moderator confirmed the unanimous support of the Community Preservation
Committee with Ms.Fenollosa.
9:32 p.m. Selectman,Norman Cohen reported unanimous support of the Board of Selectmen.
9:32 p.m. Jill Hai,Chair,Capital Expenditures Committee,reported unanimous support of the
Committee.
9:32 p.m. Glenn Parker,Chair,Appropriation Committee,reported unanimous support of the
Committee.
9:32 p.m. Nancy Corcoran-Ronchetti reported support of the Planning Board,(3-0).
9:33 p.m. Following electronic vote tallying,the Moderator declared Article 8(f)Adopted by a
vote of:
Yes No Abstain
135 1 3
9:34 p.m. Article 8(g)Wright Farm Community Housing Acquisition:Ms.Fenollosa asked
the Moderator to recognize Alex Dohan,member of the Conservation Commission.
9:53 p.m. Mr.Dohan presented the requested action,stating that the Commission was seeking
$35,000 in CPA funds for a feasibility study for rehabilitation of the Wright Farm barn for use as an
educational center.
9:38 p.m. Ms.Fenollosa reported support of the Community Preservation Committee,(8-0).
9:38 p.m. Selectman Norman Cohen reported unanimous support of the Board of Selectmen.
9:38 p.m. Jill Hai,Chair,Capital Expenditures Committee,reported unanimous support of the
Committee.
9:38 p.m. Glenn Parker,Chair,Appropriation Committee,reported unanimous support of the
Committee.
9:38 p.m. Nancy Corcoran-Ronchetti reported support of the Planning Board,(3-0).
9:40 p.m. Members discussed the ramifications of a Town-supported educational center,noting
the lack of a business plan,and the need for details on operational costs and staffing.
9:50 p.m. Following electronic vote tallying,the Moderator declared Article 8(g)Adopted by a
vote of:
Yes No Abstain
125 8 5
9:51 p.m. Article 8(h)Antony Park Construction Funds:The Moderator recognized David
Pinsonneault,Director of DPW,who presented the requested action and discussed the history of the
project to date.He stated that the request for$60,000 would cover the construction of pathways,
electrical work,further irrigation work and landscaping.
9:53 p.m. Ms.Fenollosa reported the support of the Community Preservation Committee in a
vote of(5-4).
9:53 p.m. Selectman,Norman Cohen reported support of the Board of Selectmen in a vote of
(4-1).
9:53 p.m. Jill Hai,Chair,Capital Expenditures Committee,reported support of the Committee
in a vote of(4-1).
9:53 p.m. Glenn Parker,Chair,Appropriation Committee,reported unanimous support of the
Committee.
April 4,2016Adjourned Session of the 2016Annual Town Meering,cont...
9:55 p.m. Members discussed the history of the Antony Park project.Ms.McKenna responded
to questions regarding public and private funding.
9:58 p.m. George Burnell,Pct. 7,requested a minority report from the Community
Preservation Committee.Ms.Fenollosa responded there was no such report.
9:59 p.m. Janet Kern,Pct. 1,requested a budget breakdown.Mr.Pinsonneault responded.
10:05 p.m. Gerald Paul,Pct.4,moved an amendment to the motion to reduce funding to a level
which he stated would be sufficient to"kick start"the project.
MOTION: Moved that,$60,000 be replaced in the two places it occurs by$10,000.
10:07 p.m. The Moderator called a brief recess to allow boards and committees to consider the
motion.
10:11 p.m. The Moderator called the meeting back to order and requested boards and
committees to report.
10:11 p.m. Ms.Fenollosa reported the Community Preservation Committee was undecided on
the motion,voting(4-4).
10:11 p.m. Selectman,Norman Cohen reported Board opposition to the amendment in(1-4)
vote.
10:11 p.m. Jill Hai,Chair,Capital Expenditures Committee,reported a(0-3)vote in opposition.
10:11 p.m. Glenn Parker,Chair,Appropriation Committee,reported opposition to the
amendment in a(0-7)vote.
10:12 p.m. Dawn McKenna,Pct. 6,Chair,Tourism Committee urged a no vote.
10:15 p.m. Members discussed the amendment in light of the Town's commitment to Antony
Park.
10:34 p.m. The Moderator called the question.
10:34 p.m. Following electronic vote tallying,the Moderator declared the amendment to the
motion for Article 8(h)Not Adopted by a vote of:
Yes No Abstain
45 74 10
10:35 p.m. The Moderator opened debate on the main motion.
10:36 p.m. Frank Smith,Pct.3,expressed concern on the accounting aspects of the project,but
felt the Town should follow through on its commitment.
10:37 p.m. Following electronic vote tallying,the Moderator declared the motion on Article
Adopted by a vote of:
Yes No Abstain
76 40 16
10:39 p.m. Selectman Joseph Pato moved adjournment to Wednesday,April 6,2016,7:30 p.m.,
at the Margery Milne Battin Hall in the Cary Memorial Building.Motion Adopted.
A true copy.
Attest
Nathalie L.Rice,Town Clerk
April 6,2016 Adjourned Session of the 2016 Annual Town Meeting
Moderator Deborah Brown called the sixth session of the 2016 Annual Town Meeting to order at
7:31 p.m.,Wednesday,April 6,2016,at the Margery Milne Battin Hall,Cary Memorial Building,a
quorum in excess of 100 members present.
7:31 p.m. The Moderator welcomed residents and members of the public and described
procedures and rules required for Town Meeting.After announcements and testing of the electronic
voting devices,the Moderator declared the meeting open on Article 34,explaining that Article 34
was a citizen-sponsored article.
7:41 p.m. Selectmen Joseph Pato moved Article 34 be taken up.Motion Adopted.
7:41 p.m. Presented by Robert Rotberg,Pct.3,citizen sponsor.
ARTICLE 34: AMEND GENERAL BYLAWS—GUNS(CITIZEN ARTICLE)
MOTION: Resolved that Town Meeting requests the Board of Selectmen to inform the Great
and General Court of its concern that existing Massachusetts laws regarding
April 6,2016Adjourned Session of the 2016Annual Town Meering,cont...
assault weapons(M.G.L.c. 140,§ 131M)may not sufficiently protect citizens of
the Commonwealth,and Lexington.Town Meeting asks the Selectmen to initiate
a town-wide discussion about assault weapons and gun violence that would lead
to fully considered proposals(to be conveyed to the Great and General Court)for
a strengthening of those laws.
7:41 p.m. Mr.Rotberg,Pct.3,presented the requested action,making a lengthy address to
members.He stated his motion—to protect citizens from assault weapons and to start a Town-wide
dialogue,and said he hoped the Board of Selectmen would appoint a committee representing all
points of view to report back to the 2017 Annual Town Meeting.
7:54 p.m. Joseph Pato,Chair,Board of Selectmen,stated that the Board had not taken a formal
position on Article 34.He noted that two members were in support,two against and one undecided.
7:55 p.m. No positions were stated from other boards and committees.
7:55 p.m. Daniel Fenn Jr.,Pct.3,spoke in support,stating that larger historical issues were part
of Lexington's"DNA".He stressed the importance of being concerned about issues outside the
Town,despite having no immediate gun violence within its borders.
7:58 p.m. Hank Manz,Pct. 9,a Vietnam veteran,stated his opinion that the issue needed
further discussion and a more complete process before finalizing a resolution.
8:05 p.m. Officer Lieutenant James Barry,Lexington Police Department,answered questions
regarding assault weapons.
8:08 p.m. Selectman Joseph Pato rose to speak as a member at large,voicing his support for
Article 34.He noted Lexington's long history of making difficult decisions and engaging in
challenging dialogue.
8:14 p.m. Deborah Strod,Pct.6,questioned whether the League of Women Voters would host
discussions on the topic of gun violence.Wendy Manz,Pct.9,responded in the affirmative.
8:19 p.m. Cornelia Johnson,52 Potter Pond,spoke in support,noting the need for safety and
security of Lexington's children.
8:29 p.m. Michael Kaufman, Sgt.U.S.Army,26 East Circle,Hanscom Air Force Base,
addressed differences in types of weapons,and reminded Town meeting that the Battle of Lexington
was fought to preserve individual liberty.He urged a no vote,stating his opinion that mental health
issues need to be more fully addressed.
8:31 p.m. Michael Barg,30 Dexter Road,a navy veteran,also urged opposition,stating his
opinion that mental health problems were the main cause of gun violence.
8:45 p.m. Vikas Klinger,Pct. 7,asked Mr.Rotberg if he had considered the message
Lexington's vote on Article 34 would give to neighboring towns.Mr.Rotberg responded that the
Town of Lincoln had recently passed such a resolution.
8:51 p.m. Andrei Radulescu-Banu,Pct. 8,urged support.
8:57 p.m. In response to a question from David Kaufman,Pct. 6,Police Chief Mark Corr
reported: (1)no gun-related homicides in the last 5-10 years,and(2)three suicides by firearms in
the last 5 years.
9:00 p.m. Gang Chen,Pct. 8,reported that he was withdrawing an amendment to the motion
that he had presented to the Moderator and had put before Town Meeting in the form of a handout,
stating it was contradictory.
9:05 p.m. Paul LaPointe,Pct.2,questioned the accuracy of the Massachusetts General Law
reference in Mr.Rotberg's motion. Town Counsel,Kevin Batt,responded.
9:05 p.m. The Moderator reminded Town Meeting that the resolution was non-binding.
9:08 p.m. Town Counsel read the statute under MGL c.140,sec. 131(m).
9:18 p.m. Brian Heffernan,Pct. 1,asked the Board of Selectmen to elaborate on a process for
public discussion,and requested a minority report.Mr.Pato replied that there was no formal report.
9:20 p.m. Selectman Peter Kelley said he felt the resolution was outside the purview of Town
Meeting,though he appreciated its intent.
9:22 p.m. Selectman Suzanne Barry stated that Massachusetts has some of the strongest gun
control laws in the country and that neighboring town involvement was needed.
9:28 p.m. Michael Martignetti,Pct.3,moved the question.
9:28 p.m. Steven McKenna,Pct. 6,requested an electronic vote on the motion to call the
question.
9:29 p.m. Following electronic vote tallying,the Moderator declared the motion to move the
question Adopted by a vote of:
Yes No Abstain
84 80 8
9:30 p.m. Mr.Rotberg made summary remarks.
April 6,2016Adjourned Session of the 2016Annual Town Meering,cont...
9:32 p.m. Following electronic vote tallying,the Moderator declared Article 34 Adopted by a
vote of:
Yes No Abstain
105 62 5
9:33 p.m. The Moderator made brief announcements.
9:34 p.m. Selectman Joseph Pato moved adjournment to Monday,April 11,2016,at 7:30 p.m.,
at the Margery Milne Battin Hall in the Cary Memorial Building.Motion Adopted.
A true copy.
Attest
Nathalie L.Rice,Town Clerk
April 11,2016 Adjourned Session of the 2016 Annual Town Meeting
Moderator Deborah Brown called the seventh session of the 2016 Annual Town Meeting to order at
7:35 p.m.,Monday,April 11,2016,at the Margery Milne Battin Hall in the Cary Memorial
Building,a quorum in excess of 100 of members present.
7:37 p.m. After announcements and testing of the sound system and electronic voting devices,
the Moderator declared the meeting in recess.
7:46 p.m. Andy Friedlich,Pct. 5,Chair of the Town Meeting Members Association,
recognized Town Meeting members James Osten,Janet Perry, Shirley Stoltz and Edmund Grant for
their thirty years of service,awarding them prestigious 30-year pins.Town Meeting member Robert
Rotberg,Pct.3,offered remarks.
7:53 p.m. The Moderator called Town Meeting back to order and open under Article 2.
ARTICLE 2: REPORTS OF TOWN BOARDS AND COMMITTEES
7:54 p.m. Richard Canale,member,Planning Board moved the Amended Report of the
Planning Board on Article 43,"Banking&Real Estate Service Uses in the CB"be received and
placed on file.Unanimously Adopted.
7:55 p.m. Selectmen Joseph Pato moved to take up Article 43.Motion Adopted.
7:55 p.m. Presented by Richard Canale,member,Planning Board.
ARTICLE 43:AMEND ZONING BYLAW—BANKING AND REAL ESTATE SERVICE
USES IN THE CB DISTRICT
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 this bylaw be permitted in order that it be in compliance
with the numbering format of the Code of the Town of Lexington.
MOTION FOR ARTICLE 43 PER PLANNING BOARD REPORT
1. Delete the current Section 3.1.6 and replace with the following:
3.1.6 Banks and Credit Unions and Real Estate Sales or Rentals in CB District Storefronts.
1. Purpose. Lexington Center is a place in which shops,work places,schools,historic
attractions,housing,open space,and civic facilities intimately co-exist to create an
active retail and cultural destination with an identifiable sense of place. It is in the
public interest that the Town protect and enhance the vibrancy of the Central Business
District by creating a supportive environment for a diverse group of uses throughout the
Center,and regulating the use of the limited first floor storefront area and frontage of the
Central Business District is necessary to achieve this goal.
2. Special Permit Review Criteria. In addition to the criteria detailed in§ 135-9.4.2,as a
precondition to allowing the establishment,relocation,or expansion of a banking or
credit union or real estate service use(Lines H.1.05 and Line H.1.04 respectively in the
Table of Uses)in the Central Business District,the SPGA must also find that the
applicant has satisfied the specific criteria listed below:
April 11,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
a) The granting of the special permit will advance the goals expressed in§3.1.6.1
above;
b) The proposed use in the proposed location is in the public interest;
c) The proposed use will not create an undue concentration of these uses in the
immediate area;
d) The proposed use will maintain hours and days of operation and an active storefront
consistent with other retail uses in the Central Business District;
e) The proposed length of the storefront will not exceed the average length of other
storefronts in the Central Business District;
f) The proposed first floor square footage will not exceed the average size of other
storefronts in the Central Business District;and
g) As part of providing a visually engaging storefront,the area adjacent to the storefront
must be a space dedicated for patrons and shall not be used for office,cubicle,
conference,or storage areas.
3. The SPGA may waive strict compliance with criteria 2(e)and 2(f)above,where such
action is in the public interest and consistent with the intent and purpose of this bylaw.
2. Modify Lines H.104 and H.1.05 of the Table of Uses:
H. PERSONAL,BUSINESS,OR GENERAL SERVICE USES CB
H.1.04 Real estate sales or rental(see§3.1.6) SP
H.1.05 Bank or Credit Union(see§3.1.6) Y*SP
*Not permitted in a center storefront through July 31,2016(see section 3.1.6)
7:55 p.m. Mr. Canale presented the requested action,summarizing the work of the Planning
Board since the passage of a moratorium on banks and credit unions in the CB district at the 2015
Annual Town Meeting.He reviewed the special permit process and the criteria that would apply to
banks in the CB district.He reported unanimous support of the Planning Board.
8:05 p.m. Selectmen Joseph Pato reported unanimous support of the Board and made a short
statement.
8:06 p.m. Howard Levin,3409 Main Campus Drive,and member,Lexington Center
Committee,made a brief presentation and reported the support of the Committee.
8:10 p.m. David Kanter,Pct.7,expressed concern about the definition of"undue
concentration"in subsection(c).Mr. Canale responded.
8:11 p.m. Mr.Kanter also expressed concern regarding section(g)and the issue of storefront
interiors,noting the wording was confusing.He stated he would offer an amendment.Mr.Canale
responded.
8:13 p.m. Thomas Griffiths,Pct.7,noted confusion related to the terms,"conference"space,
"office space",and"storage"in subsection(g).Mr. Canale responded.
8:15 p.m. Steven Heinrich,Pct.3 questioned the applicability of Article 43 in the event of
transfer of ownership.
8:19 p.m. David Kanter,Pct. 7,moved to amend Article 43 and described the amendment's
purpose.
MOTION: That Article 43(2)(g)be amended as follows: "the area adjacent to the storefront"be
changed to,"the interior area of the property adjacent to the storefront".
8:20 p.m. The Moderator gave the Planning Board time to caucus.
8:20 p.m. Mr. Canale reported that the Planning Board did not feel that the addition of the
word"interior"added clarity to the motion,stating the Board therefore opposed the amendment.
8:22 p.m. Selectman Joseph Pato reported lack of support of the Board of Selectmen.
8:22 p.m. Dawn McKenna,Pct.6,noted that Mr.Kanter's amendment did not refer to the
subsection to be amended.Mr.Kanter corrected the amendment. (Correct amendment is shown
above.)
8:24 p.m. Kevin Batt,Town Counsel,stated that that the additional wording in the amendment
left the subsection unclear.
8:25 p.m. With no further questions or comment,the Moderator called for a vote on the
amendment.
8:25 p.m. Following electronic vote tallying,the Moderator declared the motion to amend
Article 43 Adopted by a vote of:
Yes No Abstain
89 64 8
April 11,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
8:26 p.m. The Moderator declared the meeting open on the amended motion.
8:27 p.m. Members discussed the specifics of section 2(g),stating it was still unclear.Mr.
Canale responded.
8:31 p.m. Dirk Armstrong,Pct. 1,moved the question.Motion Adopted.
8:33 p.m. Mr. Canale made final remarks.
8:34 p.m. Following electronic vote tallying,the Moderator declared Article 43 as amended
Adopted by the necessary two-thirds by a vote of:
Yes No Abstain
154 13 2
8:36 p.m. Town Meeting was recessed to call Special Town meeting#2 back to order.
April 11,2016 Adjourned Session of February Special Town Meeting#2(2016-#2)
Moderator Deborah Brown called back to order the adjourned session of 2016 February Special
Town Meeting#2(2016-#2)at 8:36 p.m.,April 11,2016,Margery Milne Battin Hall in the Cary
Memorial Building,a quorum in excess of 100 members present.
8:36 p.m. Selectman Joseph Pato reported that the Board of Selectmen were not ready to
proceed on Special Town Meeting#2 and moved to adjourn Special Town Meeting#2 to Monday,
May 9,2016,7:30 p.m.at the Margery Milne Battin Hall in the Cary Memorial Building.Motion
Adopted.
April 11,2016 Adjourned Session of the 2016 Annual Town Meeting(continued)
8:37 p.m. The Moderator called the April 11,2016 Annual Town Meeting back to order,and
open under Article 2.
ARTICLE 2: REPORTS OF TOWN BOARDS AND COMMITTEES
8:37 p.m. Selectman Michelle Ciccolo moved that the Report on the Town-wide Process for
Safety be received and placed on file.Unanimously Adopted.
8:37 p.m. Ms. Ciccolo reported on the work of the Transportation Safety Group,which she
stated was formed to address Town-wide safety after the passage of Article 45 at the 2015 Annual
Town Meeting. She reviewed the initiatives of the Group in the last year.
8:45 p.m. Selectman Joseph Pato moved to take up Article 10.Motion Adopted.
8:45 p.m. The Moderator explained the voting on Article 10,noting that Article 10(g)as
amended,would be taken up first,followed by discussion of those sections requiring a 50%percent
vote then those requiring a two-thirds vote.
8:49 p.m. David Kanter,Pct. 7,asked to take a separate vote on Article 10(p).The Moderator
agreed to do so.
8:51 p.m. The Moderator declared the meeting open on Article 10,except section(g).
8:51 p.m. Selectman Joseph Pato recused himself from discussion and voting on Article 10(g).
8:52 p.m. Selectman Michelle Ciccolo presented.
ARTICLE 10: APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS
MOTION: That the following amounts be appropriated for the following capital improvements
and that each amount be raised as indicated:
a) Center Streetscape Improvements and Easements—Phase I—That this item be
indefinitely postponed.
b) DPW Equipment-$755,000 for the cost of departmental equipment for the
Department of Public Works and all incidental costs related thereto,and that to
meet this appropriation$145,500 be appropriated from the Water Fund Retained
Earnings,$145,500 be appropriated from Wastewater Fund Retained Earnings,
$15,000 be appropriated from the General Fund unreserved fund balance,and the
Treasurer,with the approval of the Board of Selectmen,is authorized to borrow
$449,000 under M.G.L. Chapter 44, Section 7(9),or any other enabling
authority;
c) Street Improvements and Easements-$2,526,835 for road reconstruction,repairs
and resurfacing by the Department of Public Works and all incidental costs
related thereto,and to take by eminent domain,purchase or otherwise acquire
April 11,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
any fee,easement or other interest in land necessary therefor,and that to meet
this appropriation$2,526,835 be raised in the tax levy,and authorize the Town to
accept and expend any additional funds provided or to be provided by the
Commonwealth of Massachusetts through the Massachusetts Department of
Transportation;
d) Storm Drainage Improvements,NPDES Compliance and Easements-$340,000
for constructing and reconstructing storm drains and all incidental costs related
thereto,and to take by eminent domain,purchase or otherwise acquire any fee,
easement or other interest in land necessary therefor;and that to meet this
appropriation the Treasurer,with the approval of the Board of Selectmen,is
authorized to borrow$340,000 under M.G.L. Chapter 44,Section 7(1),or any
other enabling authority;
e) Hydrant Replacement Program-$150,000 for the replacement of fire hydrants
and all incidental costs related thereto,and that to meet this appropriation
$75,000 be appropriated from Water Fund Retained Earnings and$75,000 be
appropriated from the General Fund unreserved fund balance;
f) Comprehensive Watershed Storm Water Management Implementation and
Easements-$390,000 to fund watershed storm management projects and all
incidental costs related thereto,and to take by eminent domain,purchase or
otherwise acquire any fee,easement or other interest in land necessary therefor;
and that to meet this appropriation the Treasurer,with the approval of the Board
of Selectmen,is authorized to borrow$390,000 under M.G.L. Chapter 44,
Section 7(1)or any other enabling authority;
g) Massachusetts Avenue-Three Intersections Improvements and Easements-
$350,000 for the acquisition of any necessary land in connection with road
construction on Massachusetts Avenue from Marren Road to Pleasant Street,and
that to meet this appropriation$350,000 be appropriated from the General Fund
unreserved fund balance,and authorize the Town to accept and expend additional
funds provided under the Mass DOT Transportation Improvement Plan;
h) Sidewalk Improvements,Additions,Design and Easements-$600,000 for
rebuilding and repaving existing sidewalks and designing and constructing new
sidewalks,and all incidental costs related thereto,and to take by eminent domain,
purchase or otherwise acquire any fee,easement or other interest in land
necessary therefor;and that to meet this appropriation the Treasurer,with the
approval of the Board of Selectmen,is authorized to borrow$600,000 under
M.G.L. Chapter 44,Section 7(6),or any other enabling authority;
i) Townwide Culvert Replacement-$390,000 for the repair and replacement of
culverts,and that to meet this appropriation the Treasurer,with the approval of
the Board of Selectmen,is authorized to borrow$390,000 under M.G.L.Chapter
44, Section 7(1),or any other enabling authority;
j) Townwide Signalization Improvements-$125,000 for updates to traffic and
pedestrian signals,and that to meet this appropriation$125,000 be appropriated
from the General Fund unreserved fund balance;
k) Cary Memorial Library Walkway Replacement-$149,500 for replacing and
constructing the walkway surrounding Cary Memorial Library,and that to meet
this appropriation the Treasurer,with the approval of the Board of Selectmen,is
authorized to borrow$149,500 under M.G.L. Chapter 44,Section 7(6),or any
other enabling authority;
1) Pleasant Street Sidewalk and Easements-$175,000 for constructing a sidewalk
on Pleasant Street in those areas that currently have no sidewalks,and all
incidental costs related thereto,and to take by eminent domain,purchase or
otherwise acquire any fee,easement or other interest in land necessary therefor;
and that to meet this appropriation the Treasurer,with the approval of the Board
of Selectmen,is authorized to borrow$175,000 under M.G.L. Chapter 44,
Section 7(6),or any other enabling authority;
m) Replace Townwide Telephone Systems-Phase V-$21,000 for new tele-phone
systems in town and school buildings,and that to meet this appropriation
$21,000 be appropriated from the General Fund unreserved fund balance;
n) Head End Equipment Replacement/Packet Shaper-Phase V-$150,000 for
replacing and adding equipment that functions as the core or head end for
the Town network,and that to meet this appropriation$150,000 be
appropriated from the General Fund unreserved fund balance;
April 11,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
o) Election System Upgrade-$81,000 for the replacement of the electronic
voting system,and that to meet this appropriation$81,000 be appropriated
from the General Fund unreserved fund balance;
p) Parking Meter Replacement-Phase 2-$230,265 for replacing parking meters
with new technology,and that to meet this appropriation$230,265 be
appropriated from the Parking Meter Fund;
q) Transportation Mitigation-$30,000 for the Transportation Safety Group for
certain traffic and pedestrian safety related improvements and to evaluate and
develop construction cost estimates for future capital requests,and that to meet
this appropriation$30,000 be appropriated from the Traffic Mitigation
Stabilization Fund;
r) Ladder Truck Replacement-$875,000 for the purchase of an aerial ladder truck
for the Fire Department,and that to meet this appropriation the Treasurer,with
the approval of the Board of Selectmen,is authorized to borrow$875,000 under
M.G.L. Chapter 44, Section 7(9),or any other enabling authority;
s) Public Safety Radio Stabilization-Phase I-$90,000 for improving reliability
and redundancy in the Public Safety Radio System,and that to meet this
appropriation$90,000 be appropriated from the General Fund unreserved fund
balance;and
8:53 p.m. Ms. Ciccolo moved all of Article 10,stating that 10(g)would be addressed first. She
discussed the design approval process under 10(g)and funding for improvements to sections of
Massachusetts Avenue from Marrett Road to Pleasant Street. She reported the support of the Board
of Selectmen in a(3-1)vote.
8:56 p.m. David Kanter,member,Capital Expenditures Committee,reported unanimous
support of the Committee.
8:56 p.m. Glenn Parker,Chair,Appropriation Committee,reported unanimous support of the
Committee.
8:56 p.m. Richard Canale,member,Planning Board,reported unanimous support of the
Planning Board,noting that the appropriation was for the securing of easements,not for
construction funding.
8:58 p.m. Hank Manz,Pct.9,member,Transportation Safety Group,reported support of the
Group.
8:58 p.m. Victoria Buckley,Pct.9,Chair,Commission on Disability,stated the Commission's
support for signalization at the intersections under consideration,and concerns that roundabouts
could be problematic for individuals with disabilities.
8:59 p.m. Selectman Peter Kelley stood for a minority report.He stated that he felt
signalization in East Lexington threatened the historic nature of the area;he noted the success of
roundabouts in Belmont,and urged a no vote.
9:08 p.m. Members engaged in a lengthy debate of Article 10(g),noting that installation of
stop lights would cause changes to neighborhood character,and that roundabouts presented
challenges for pedestrians and bikers.
9:11 p.m. Daniel Fenn,Jr.Pct.3,urged a no vote,stating that Town Meeting had not had the
opportunity to fully understand the implication of stop lights.He urged consideration of alternate
solutions.
9:17 p.m. Robert Avallone,Pct. 8,asked to hear from the Historical Commission and Historic
Districts Commission.Marilyn Fenollosa,member of both Commissions responded.
9:28 p.m. Brian Heffernan,Pct. 1,stated his concern over process.
9:30 p.m. Jeanne Krieger,Pct. 3,noted that the Town was"up against"a 75%design deadline.
Ms. Ciccolo elaborated,stating that in the next couple of weeks the Department of Transportation
would be selecting projects.
9:37 p.m. Sandra Shaw,Pct.4,spoke in favor,noting the need for stop lights.
9:41 p.m. In response to a question,Ms. Ciccolo stated that redesign would technically be
problematic given time constraints of the project.
9:48 p.m. Philip Hamilton,Pct. 7,moved the question.Motion Adopted.
9:49 p.m. Michelle Ciccolo delivered summary remarks,stressing that the vote was on
examining and funding access easements.
9:50 p.m. Due to technical difficulties with the electronic voting program,the Moderator
delayed the vote on Article 10(g)and took up additional sections of the Article.
9:51 p.m. Article 10(a,b):no questions.
9:52 p.m. David Kanter,member,Capital Expenditures Committee,reported unanimous
support of all sections except(p).
9:53 p.m. Glenn Parker,Chair,Appropriation Committee,reported unanimous support of the
Committee for all sections.
April 11,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
9:53 p.m. Article 10(c):Dawn McKenna,Pct. 6,questioned whether any of the funding under
this section included Hayden Road.Town Engineer,John Livsey responded.
9:54 p.m. Articles 10(d,e,f):no questions.
9:55 p.m. Article 10(h): S.Bijan Arfshartous,Pct.Pct.2,questioned whether improvements to
Watertown Street could be added to the project.Ms. Ciccolo stated that this could be discussed
under section(1),but that no new sections could be added since the scope of work had been set.
9:56 p.m. Article 10(i):no questions.
9:56 p.m. Article 10(j):Thomas Griffiths,Pct.4,asked whether there were any target sites.
John Livsey,Town Engineer responded.
9:59 p.m. Electronic voting on Article 10(g)was attempted again unsuccessfully.
10:00 p.m. Dawn McKenna stated her objection to the partial vote being shown on the screen,
believing this would prejudice Town Meeting voters.
10:01 p.m. The Moderator ruled that there was no prejudice during the process.
10:02 p.m. Article 10(k):Kenneth Shine,Pct.2,questioned borrowing funds versus
appropriation of funds.Mr.Valente,Town Manager responded.
10:03 p.m. With the electronic voting program still not functioning,the Moderator called for a
Roll Call vote.The Town Clerk read the Roll Call,the Town Moderator recorded the votes.
10:21 p.m. Following a vote taken by Roll Call,the Moderator declared Article 10(g)Adopted
by a vote of:
Yes No Abstain
140 24 2
10:22 p.m. Article 10(j): Sanjay Padaki,Pct. 8,posed a question regarding brick sidewalks.
10:23 p.m. Article 10(1):no questions.
10:25 p.m. Article 10(m,n):The Moderator recognized Dorinda Goodman,IT Director,who
answered questions regarding the town-wide phone system and Town network.
10:27 p.m. Article 10(o,q,r,$):no questions.
10:29 p.m. The Moderator called for two votes on Article 10;one for those sections requiring a
fifty percent vote,and one for those requiring a two-thirds vote.
10:29 p.m. Following electronic vote tallying,the Moderator declared Article 10(a,e,j,m,n,o,$)
Adopted by a vote of:
Yes No Abstain
144 0 1
10:31 p.m. The Moderator then called for a vote on those sections of Article 10 which required a
two-thirds vote for the authorization of borrowing.
10:31 p.m. Following electronic vote tallying,the Moderator declared Article 10
(b,c,d,f,h,i,k,l,q,r)Adopted by the necessary two-thirds by a vote of:
Yes No Abstain
145 0 1
10:33 p.m. Selectman Joseph Pato moved adjournment to Wednesday,April 13,2016,7:15
p.m.,at the Margery Milne Battin Hall in the Cary Memorial Building.Motion Adopted.
A true copy.
Attest
Nathalie L.Rice,Town Clerk
April 13,2016 Adjourned Session of the 2016 Annual Town Meeting
Moderator Deborah Brown called to order the eighth session of 2016 Annual Town Meeting at
7:20 p.m.,Wednesday April 13,2016,Margery Milne Battin Hall in the Cary Memorial Building,a
quorum in excess of 100 members present.
7:21 p.m. The Moderator called a recess for the purpose of recognizing Bob Harris,Assistant
Superintendent for Human Resources,who presented the 2016 Sharyn Wong-Chan/Sara Harrington
Diversity Award to seventh grade teacher,Danielle Levy,for her dedication in furthering diversity.
7:29 p.m. The Moderator declared Town Meeting returned from recess and reviewed electronic
voting. She declared the Meeting open under Article 2.
April 13,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
ARTICLE 2: REPORTS OF TOWN BOARDS AND COMMITTEES
7:31 p.m. Judy Crocker,member, School Committee,and Chair, Safe Routes to School
Committee,requested that the Report of the Safe Routes to School Committee be received and
placed on file.Unanimously Adopted.Ms. Crocker asked the Moderator to recognize Christina Lin,
2 Eustis Street,who delivered the Committee's Report.
7:37 p.m. Selectman Joseph Pato moved to take up Article 14.
ARTICLE 14: APPROPRIATE FOR SCHOOL ZONE TRAFFIC CALMING(CITIZEN
ARTICLE)
MOTION: That this article be indefinitely postponed.
7:37 p.m. Mr.Pato presented the requested action.
7:37 p.m. Having received the Report of the Committee on Safe Routes to School,the
Moderator called for a voice vote.
7:37 p.m. Following a voice vote,the Moderator declared Article 14 Unanimously Adopted.
7:38 p.m. Presented by Ricki Pappo,Pct.2.
ARTICLE 16:APPROPRIATE FOR ADVICE AND ANALYSIS—GETTING TO NET
ZERO
MOTION: That the Town appropriate$40,000 for Phase I of a study to determine whether the
Town can develop guidelines for achieving building which results in no greenhouse
gases,to be spent under the direction of the Town Manager;and that to meet this
appropriation$40,000 be appropriated from the General Fund unreserved fund
balance.
7:38 p.m. Ms.Pappo asked the Moderator to recognize Lisa Fitzgibbons,59 York Street.Ms.
Fitzgibbons presented the requested action,delivering a presentation on steps that could be taken in
Lexington to achieve a goal of net zero emissions from buildings.
7:50 p.m. Selectman Michelle Ciccolo reported unanimous support of the Board of Selectmen
for this first phase of a three-phase study.
7:50 p.m. Glenn Parker,Chair,Appropriation Committee reported the support of the
Committee in a vote of(7-1).
7:54 p.m. Nancy Corcoran-Ronchetti,Chair,Planning Board,reported the unanimous support
of the Board.
7:54 p.m. Marilyn Fenollosa,Pct. 5,questioned Ms.Pappo about applying for grant monies.
8:03 p.m. Robert Avallone,Pct. 8,raised the issue of enforceability.Mark Sandeen,Chair,
Sustainable Lexington Committee,responded.
8:07 p.m. Judith Glixon,2 Aerial Street,urged support,stating that half of all carbon emission
is from cities and towns,and that in Lexington,60%of carbon emission comes from buildings.
8:10 p.m. Anil Ahuja,Pct.5,questioned funds requested in light of other pressing Town needs.
Mr. Sandeen responded.
8:17 p.m. Sanjay Padaki,Pct.8,questioned the process by which consultants would be hired,
and the criteria for deliverables.Ms.Fitzgibbons responded.
8:21 p.m. Sanjay Padaki,Pct. 8,moved to amend the first two lines of the motion.
MOTION: To replace,"That the Town appropriate$40,000 for Phase I of a study to determine
whether the Town can develop guidelines for achieving building which results..",
with,"That the Town appropriate$40,000 for Phase 1 of a study to develop
guidelines for achieving buildings which result..."
8:22 p.m. The Moderator read the amendment and determined it to be a friendly amendment.
8:23 p.m. Selectmen Joseph Pato reported support for the amendment on behalf of the Board of
Selectmen.
8:23 p.m. Glenn Parker,Chair,Appropriation Committee,reported support for the amendment
in a vote of(7-1).
8:24 p.m. The amendment offered by Mr.Padaki was accepted as a friendly amendment by
article sponsors.
8:30 p.m. Discussion continued on the amended motion,including achieving net zero in private
residences.
8:35 p.m. Marsha Baker,Pct. 7,moved the question.Motion Adopted.
8:36 p.m. Following electronic vote tallying,the Moderator declared Article 16 as amended
Adopted by a vote of:
Yes No Abstain
139 8 2
April 13,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
8:38 p.m. Presented by William Hurley,Chair,School Committee.
ARTICLE 13: APPROPRIATE FOR SCHOOL CAPITAL PROJECTS AND EQUIPMENT
MOTION: That the following amounts be appropriated for the following school capital
improvements and that each amount be raised as indicated:
a) School Furniture,Equipment and Systems Program-$186,087 for the purchase
of classroom furniture and equipment for systems programs,and that to meet this
appropriation$186,087 be appropriated from the General Fund unreserved fund
balance;and
b) School Technology-$1,198,000 for maintaining and upgrading the Lexington
Public Schools'technology systems,including new equipment in connection
therewith,and that to meet this appropriation$770,393 be appropriated from the
General Fund unreserved fund balance and the Treasurer,with the approval of
the Board of Selectmen,is authorized to borrow$427,607 under M.G.L.Chapter
44, Section 7(28),or any other enabling authority.
8:38 p.m. Mr.Hurley moved the question and asked the Moderator to recognize Ian Dailey,
Director of Finance and Operations for the Lexington Schools.Mr.Dailey addressed section(a)and
asked to have Thomas Plati,K-12 Director of Educational Technologies and Assessment,
recognized to present section(b).Mr.Plati presented section(b).
8:45 p.m. Mr.Hurley reported the unanimous support of the School Committee.
8:45 p.m. Selectman Suzanne Barry reported the unanimous support of the Board.
8:45 p.m. Jill Hai,Chair,Capital Expenditures Committee,reported the unanimous support of
the Committee.
8:45 p.m. Glenn Parker,Chair,Appropriation Committee,reported the unanimous support of
the Committee.
8:46 p.m. Jason Bressner,Pct.2,questioned whether the 525 work stations being replaced had
any resale value.Mr.Plati replied in the negative.
8:47 p.m. Following electronic vote tallying,the Moderator declared Article 13 Adopted by
more than the necessary two-thirds by a vote of:
Yes No Abstain
145 0 2
8:48 p.m. Selectman Michelle Ciccolo presented.
ARTICLE 10(p): APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS
MOTION: That the following amounts be appropriated for the following capital improvements
and that each amount be raised as indicated:
p) Parking Meter Replacement-Phase 2-$230,265 for replacing parking
meters with new technology,and that to meet this appropriation$230,265
be appropriated from the Parking Meter Fund;
8:48 p.m. Ms. Ciccolo presented the requested action,explaining that in the second phase of
the project,400 meters would be replaced. She asked the Moderator to recognize Melisa Tintocalis,
Economic Development Director.
8:49 p.m. Ms.Tintocalis reviewed the project to date and addressed the Phase 2 meter
replacements.
8:55 p.m. Chief of Police,Mark Corr,addressed the parking management aspect of the project
and stated strong support.
8:59 p.m. Jill Hai,Chair,Capital Expenditures Committee,reported opposition of the
Committee.
9:00 p.m. Glenn Parker,Chair,Appropriation Committee,reported the unanimous support of
the Committee.
9:00 p.m. Nancy Corcoran-Ronchetti,Chair,Planning Board,reported support of the Board.
9:01 p.m. Jerold Michelson,Chair,Lexington Center Committee,reported unanimous support
of the Committee.
9:02 p.m. Masha Traber,Pct.5,reported support for the program,but noted that the meters
were too high for some individuals to access.
9:03 p.m. Ms.Tintocalis responded that this had been noted,and that DPW was scheduled to
cut down the size of some meters.
9:05 p.m. Members engaged in a lengthy discussion of the security of the meters related to
credit card fraud.Ms.Tintocalis reported that payment by smart phone is not possible.
April 13,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
9:11 p.m. Chief Corr reported that he has received no complaints regarding credit card fraud
related to the new meters.
9:18 p.m. Members discussed free time options on some meters,and rates in different sections
of the Center.
9:23 p.m. Robert Avallone,Pct. 8,reported the meters were difficult to read in the sun.
9:27 p.m. Steven Heinrich,Pct.3,reported opposition.
9:30 p.m. Ginna Johnson,member,Planning Board and Parking Management Committee,
noted that coins can still be used in the new meters.
9:45 p.m. Ms.Tintocalis made final remarks.
9:47 p.m. Following electronic vote tallying,the Moderator declared Article 10(p)Adopted by
a vote of:
Yes No Abstain
105 35 5
9:49 p.m. The Moderator opened discussion on Article 32 and Article 33,stating they would be
voted together.
9:49 p.m. Selectman Joseph Pato moved to take up Articles 32 and 33.
9:49 p.m. Selectmen Joseph Pato presented.
ARTICLE 32: AMEND GENERAL BYLAWS—TREES
MOTION: That this article be indefinitely postponed.
ARTICLE 33: AMEND GENERAL BYLAWS—TREES
MOTION: That this article be indefinitely postponed.
9:50 p.m. Selectman Pato reported that the sponsor of Articles 32 and 33,the Tree Committee,
wished to postpone.
9:50 p.m. With no questions from the floor,the Moderator called the question.
9:50 p.m. Following a voice vote,the Moderator declared Articles 32 and 33 Unanimously
Adopted.
9:51 p.m. Selectman Joseph Mr.Pato moved Reconsideration of Article 5.
ARTICLE 5:APPROPRIATE FY2017 ENTERPRISE FUND BUDGETS
MOTION: a) That the Town appropriate the following sums of money to operate the Water
Division of the Department of Public Works during fiscal year 2017 under the
provisions of M.G.L. Chapter 44,Section 53F'/2:
Personal Services $ 699,218
Expenses 404,025
Debt Service 1,408,576
MWRA Assessment 7,378,622
Total $9,890,441
Said sum to be funded from water receipts and$131,000 from retained earnings.
b) That the Town appropriate the following sums of money to operate the
Wastewater(Sewer)Division of the Department of Public Works during fiscal
year 2017 under the provisions of M.G.L.Chapter 44, Section 53F'/2:
Personal Services $ 298,234
Expenses 347,525
Debt Service 981,220
MWRA Assessment 7,311,103
Total $8,938,082
Said sum to be funded from wastewater receipts.
c) That the Town appropriate the following sums of money to operate the
Recreation and Community Programs Department during fiscal year 2017 under
the provisions of M.G.L. Chapter 44, Section 53F'/2:
Personal Services/Expenses $2,526,287
Debt Service 100,000
Total $2,626,287
Said sum to be funded from recreation receipts,$375,000 from retained earnings,
and a transfer of$253,007 from the tax levy.
April 13,2016Adjourned Session of the 2016 Annual Town Meeting,cont...
9:51 p.m. Mr.Pato explained the purpose of the reconsideration was to correct transposition
errors in the motion's table.
9:51 p.m. Glenn Parker,Chair,Appropriation Committee reported unanimous support of the
Committee.
9:51 p.m. The Moderator called the question to reconsider Article 5.Following a unanimous
voice vote,the Moderator declared the Motion to Reconsider Article 5 Adopted.
9:51 p.m. The Moderator opened discussion on the corrected motion for Article 5.
9:51 p.m. Mr.Pato explained the correction to the motion.The Moderator questioned whether
the budget remained in balance.Mr.Pato replied in the affirmative.
9:52 p.m. Following a voice vote,the Moderator declared Article 5 Unanimously Adopted.
9:53 p.m. Selectman Joseph Pato moved to take up Article 25.
9:53 p.m. Presented by Selectman Joseph Pato.
ARTICLE 25:AMEND FY2016 OPERATING ENTERPRISE AND CPA BUDGETS
MOTION: That the following amounts be appropriated to the following line items for the
FY2016 budget as approved under Article 4 of the 2015 Annual Town Meeting,and
that said amounts be transferred from the following sources:
Line Item Program From To
8500 Town Clerk Personal Services $ 327,229 $ 334,229
8500 Town Clerk Expenses $ 109,375 $ 135,975
and,further that$33,600 be appropriated from the General Fund Unreserved Fund
Balance to finance said amendment.
9:53 p.m. Mr.Pato presented the requested action.He explained that the amendment to the
FY16 Town Clerk's budget was due to the addition of a special election and the special town
meetings held during FY2016.He reported unanimous support of the Board of Selectmen.
9:53 p.m. Glenn Parker,Chair,Appropriation Committee,reported unanimous support of the
Committee.
9:54 p.m. With no questions from the floor,the Moderator called the vote.
9:54 p.m. Following electronic vote tallying,the Moderator declared Article 25 Adopted by a
vote of:
Yes No Abstain
138 0 1
9:55 p.m. The Moderator declared the meeting open on Article 26.
9:55 p.m. Presented by Selectman Joseph Pato.
ARTICLE 26:APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS
MOTION: That this article be indefinitely postponed.
9:55 p.m. Selectman Pato moved to indefinitely postpone Article 26 and explained the purpose
of the article.
9:56 p.m. Jill Hai,Chair,Capital Expenditures Committee reported support of the Committee.
9:56 p.m. Glenn Parker,Chair,Appropriation Committee,reported support of the Committee.
9:56 p.m. With no questions from the floor,the Moderator called the question.
9:56 p.m. Following a voice vote,the Moderator declared Article 26 Unanimously Adopted.
9:57 p.m. Selectman Joseph Pato moved adjournment to Monday,April 25,2016,7:30 p.m.,at
the Margery Milne Battin Hall in the Cary Memorial Building.Motion Adopted.
A true copy.
Attest
Nathalie L.Rice,Town Clerk
April 25,2016 Adjourned Session of the 2016 Annual Town Meeting
The Moderator explained the schedule for the April 25th session of Town Meeting.
April 25,2016 Special Town Meeting#4(2016-#4)
Moderator Deborah Brown called to order the 2016 Special Town Meeting#4 at 7:32 p.m.,
Monday,April 25,2016 in Margery Milne Battin Hall in the Cary Memorial Building.A quorum in
excess of 100 members present.
Town Clerk,Nathalie L.Rice,read the Warrant for Special Town Meeting#4 until waived.The
Town Clerk read the Constable's Return of Service.
7:34 p.m. Moderator Deborah Brown made announcements and discussed the schedule for
upcoming Special and Annual Town meeting articles.
7:35 p.m. The Moderator called for a moment of silence for three former Town Meeting
members who had passed away in the last year;missed will be David Eagle,Erna Greene and
Robert Cataldo.
7:36 p.m. The Moderator declared Special Town Meeting#4 open under Article 1.
ARTICLE 1:REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES
7:38 p.m. Jill Hai,Chair,Capital Expenditures Committee,moved the Report of the Committee
be received and placed on file.Unanimously Adopted.
7:38 p.m. Joh Bartenstein,Vice-Chair,Appropriation Committee,moved the Report of the
Appropriation Committee be received and placed on file.Unanimously Adopted.
7:39 p.m. The Moderator declared the meeting open on Article 2.
7:40 p.m. Presented by David Horton,Pct. 8,Lexington's representative to the Minuteman
Regional High School Committee.
ARTICLE 2: MINUTEMAN REGIONAL SCHOOL BONDING AUTHORIZATION
MOTION: That the Town hereby approves the$144,922,478 for the purpose of paying costs of
designing, constructing and originally equipping a new district school,to be located
at 758 Marrett Road,Lexington,Massachusetts,and for the payment of all other
costs incidental and related thereto(the"Project"),which school facility shall have
an anticipated useful life as an educational facility for the instruction of school
children of at least 50 years,and for which the District may be eligible for a school
construction grant from the Massachusetts School Building Authority("MSBA"),
said amount to be expended at the direction of the School Building Committee. To
meet this appropriation,the District is authorized to borrow said amount,under and
pursuant to Chapter 71,Section 16(d)of the General Laws,and the District
Agreement,as amended,or pursuant to any other enabling authority. The District
acknowledges that the MSBA's grant program is a non-entitlement,discretionary
program based on need as determined by the MSBA,and any Project costs the
District incurs in excess of any grant approved by and received from the MSBA shall
be the sole responsibility of the District and its member municipalities;provided
further that any grant that the District may receive from the MSBA shall not exceed
the lesser of(i)forty four and three quarters percent(44.75%)of eligible,approved
Project costs,as determined by the MSBA,or(ii)the total maximum grant amount
determined by the MSBA,and that the amount of borrowing authorized pursuant to
this vote shall be reduced by any grant amount set forth in the Project Funding
Agreement that may be executed between the District and the MSBA.
7:40 p.m. Mr.Horton introduced Steven Sharek,Director of Outreach and Development at
Minuteman Regional High School.Mr.Horton presented the requested action,showing sketches of
the proposed new High School to be sited in Lincoln,accommodating 628 students.He described
the school's proposed"academy model"and addressed new construction versus renovation as it
related to MSBA funding.He discussed projected tax implications.
7:57 p.m. Selectman Peter Kelley reported the unanimous support of the Board of Selectmen
and made a brief statement.
8:00 p.m. Eric Michaelson,member,Appropriation Committee,reported the support of the
Committee in a(7-0-1)vote and briefly addressed the article.
April 25,2016 Special Town Meeting#4(2016-4),cont...
8:02 p.m. Jill Hai,Chair,Capital Expenditures Committee,reported unanimous support of the
Committee.
8:03 p.m. Robert Whitehouse, 159 Reed Street,questioned the impact of the high school
construction on Lexington's tax rate.Mr.Michaelson responded.
8:08 p.m. Kenneth Shine,Pct.2,questioned the effect of moving the high school building to
Lincoln.Mr.Horton responded that Lincoln had asked for support for shared services such as
emergency services.
8:15 p.m. Members discussed tax impacts,the lifespan of the new building and the
consequence of not passing Article 2.
8:15 p.m. Mr. Sharek addressed Town Meeting,discussing funding and shared costs.
8:17 p.m. In response to a question from Jennifer Vogelzang,Pct.2,Mr.Horton stated that
there would be no pool in the new high school.
8:18 p.m. Members discussed the importance of increasing enrollment in member towns as
well as towns served.
8:20 p.m. John Hayward,Pct. 5,moved the question.Motion adopted.
8:21 p.m. Mr.Horton made brief comments.
8:21 p.m. Following electronic vote tallying,the Moderator declared Article 2 Adopted by a
vote of:
Yes No Abstain
152 0 2
8:22 p.m. The Moderator called Special Town Meeting#4 open under Article 3.
8:22 p.m. Selectmen Suzanne Barry presented.
ARTICLE 3:ACCESS EASEMENT—482 BEDFORD STREET
MOTION: That the Board of Selectmen be and hereby are authorized to accept a perpetual,
nonexclusive easement over land located at 482 Bedford Street upon which a bus
shelter was constructed by the owners,Trust for the Benefit of the Beth Israel
Hospital Association and the Children's Hospital Corporation.
8:22 p.m. Ms.Barry presented the requested action,explaining that the easement would be for
a bus shelter at 482 Bedford Street.
8:23 p.m. S.Bijon Afshartous,Pct. 2,questioned the number of bus shelters in Town.
8:24 p.m. Following electronic vote tallying,the Moderator declared Article 3 Adopted by a
vote of:
Yes No Abstain
149 0 2
8:26 p.m. The Moderator turned the gavel over to the Deputy Town Moderator,Barry
Orenstein,stating she would present Article 4.
8:26 p.m. Deborah Brown,Town Moderator,presented.
ARTICLE 4:AMEND GENERAL BYLAWS—CAPITAL EXPENDITURES COMMITTEE
MOTION: That Chapter 29 of the Code of the Town of Lexington,Committees,be amended by
replacing§29-12(A)and(B)with the following:
A. The Town shall have a Capital Expenditures Committee consisting of no less
than five and no more than seven voters of the Town,appointed for a term of
three years each,the terms of no more than two of which shall expire in any one
year,provided that,in the event the Committee consists of seven members,the
terms of no more than three members shall expire in any one year. The
Moderator shall determine whether the Capital Expenditures Committee shall at
any one time consist of five,six,or seven members. A quorum of the Capital
Expenditures Committee shall consist of a majority of the members then in
office. No member of the Committee shall be a Town officer or a Town
employee,other than Town meeting member,or shall serve on any other board,
committee or commission of the Town or any subcommittee appointed by any
other Town official,board,committee or commission except that a member may
serve on special committees which may be created from time to time by vote of
the Town meeting when such vote expressly authorizes a member to serve.
B. On or before the first day of July in each year the Moderator shall appoint to the
Committee one,two or three members(as the case may be)to serve until the last
April 25,2016 Special Town Meeting#4(2016-4),cont...
day of June in the third year thereafter. Any vacancy in the Committee shall be
filled by appointment by the Moderator and the member so appointed shall serve
for the predecessor's unexpired term. If any member of the Committee ceases to
be a resident of the Town,or accepts any position that would preclude eligibility
for appointment to the Committee,such membership in the Committee shall
end. The Committee shall choose its own officers.
8:26 p.m. Ms.Brown presented the requested action,stating that additional members on the
Capital Expenditures Committee would distribute the substantial workload of the group. She
commended the Committee for their work.
8:30 p.m. Selectman Norman Cohen,reported the unanimous support of the Board.
8:30 p.m. Jill Hai,Chair,Capital Expenditures Committee,reported the unanimous support of
the Committee.
8:30 p.m. John Bartenstein,Vice-Chair,Appropriation Committee,reported support of the
Committee in a(8-0)vote.
8:31 p.m. Robert Avallone,Pct. 8,questioned why the number of members was flexible in the
motion. Ms.Brown responded.
8:34 p.m. Marilyn Fenollosa,Pct. 5,questioned whether seven members were enough.Ms.
Brown responded.
8:35 p.m. With no further questions from the floor,Barry Orenstein,Deputy Town Moderator
called for a voice vote.
8:36 p.m. Following a voice vote,the Deputy Town Moderator declared Article 4 Adopted.
8:36 p.m. The gavel was returned to Moderator Deborah Brown.
8:36 p.m. Selectman Joseph Pato moved adjournment of Special Town Meeting#4 to Monday,
May 9,2016,7:30 p.m.,at the Margery Milne Battin Hall in the Cary Memorial Building.Motion
Adopted.
RECORDS OF ELECTRONIC VOTING FOR SPECIAL TOWN MEETINGS ARE SHOWN WITHIN
THE VOTING RECORDS FOR THE 2016 ANNUAL TOWN MEETING
April 25,2016 Adjourned Session of the 2016 Annual Town Meeting
Moderator Deborah Brown called the ninth session of the 2016 Annual Town Meeting to order at
8:37 p.m.,Monday,April 25,2016,Margery Milne Battin Hall in the Cary Memorial Building,a
quorum in excess of 100 members present.
8:37 p.m. The Moderator called a brief recess to recognize Carl Valente,Town Manager,who
announced the retirement on July 15,2016 of Chief Information Officer and former Town Clerk,
Donna Hooper.Mr.Valente acknowledged Ms.Hooper's many accomplishments as Town Clerk
over her distinguished 18-year service,and recently as Chief Information Officer.Town Meeting
members rose in appreciation for her very significant contribution to the Town.
8:48 p.m. The Moderator called Town Meeting back to order and open on Article 2.
8:48 p.m. Dawn McKenna,Chair,Tourism,moved that the Report of the Tourism Committee
be received and placed on file.Unanimously Adopted.Ms.McKenna presented the Committee's
Report,and asked to have Megan Zammuto Economic Development Coordinator recognized.Ms.
Zammuto made additional comments.
8:56 p.m. Selectman Joseph Pato moved to take up articles 42 and 44 out of order.Motion
Adopted.
8:57 p.m. Presented by Charles Hornig,member,Planning Board.
ARTICLE 42:AMEND ZONING BYLAW—TWO FAMILY HOMES
MOTION: That this article be indefinitely postponed.
8:57 p.m. Mr.Hornig moved that the Planning Board's Report on Article 42 be received and
placed on file.Unanimously Adopted.
8:57 p.m. Mr.Hornig presented the requested action,delivering the Planning Board's report on
Article 42.He stated that further study was needed and that it was the Planning Board's intention to
bring the article to the 2017 Town Meeting.
April 25,2016 Adjourned Session of the 2016 Annual Town Meeting,cont...
9:00 p.m. Ephraim Weiss,Pct. 5,questioned whether the impact on schools and taxes would be
included.Mr.Hornig responded.
9:00 p.m. Following a voice vote,the Moderator declared Article 42 Adopted.
9:01 p.m. The Moderator declared Town Meeting open on Article 44.
9:01 p.m. Presented by Charles Hornig,Planning Board member.
ARTICLE 44: PLANNED DEVELOPMENT 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 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.
MOTION FOR ARTICLE 44 PER PLANNING BOARD REPORT
That the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington,be amended as follows:'
A.Add an additional row to§2.2.3 Planned Development Districts as follows:
PD Planned Development
B.Replace§7.3 with the following:
7.3 PLANNED DEVELOPMENT DISTRICTS.
7.3.1 Purpose.A planned development(PD)district is intended to:
1. Permit considerable flexibility in the development of tracts of land by requiring few
predetermined standards;
2. Permit a developer to propose,and for the Town to vote on,a site development and use plan
unique to a particular location;
3. Permit the use of development standards more detailed than the more general standards
elsewhere in this bylaw;and
4. Provide information for the Town to evaluate the potential impacts of a proposed development
and to enable the Town to require adherence to such site development plans.
7.3.2 Provisions Applicable to PD Districts.
1. Standards for development.A PD District does not have predetermined standards for
development.Such standards are to be proposed by the developer,included in the preliminary
site development and use plan,and approved by Town Meeting.
2. Uses permitted.Any uses may be permitted in a PD District if they are clearly identified in the
preliminary site development and use plan approved by Town Meeting.
3. Compliance required.No use is permitted and no development may occur in a PD District except
in substantial conformity with a preliminary site development and use plan approved by Town
Meeting,the provisions of this section and site plan review under§9.5. In no case may the use
or development be inconsistent with the text of the preliminary site development and use plan.
4. Filings.Each petition presented to the Town Meeting for rezoning land to a PD District shall
include a preliminary site development and use plan describing the proposed zoning provisions
and development plan as described in the Planning Boards rules and regulations.Two copies of
the preliminary site development and use plan,which accompanies a petition for a rezoning,
shall be filed with the Town Clerk and one copy with the Planning Board at least three weeks
prior to the Planning Board public hearing required to be held under MGL c.40A. Subsequent
to that public hearing,revisions to the preliminary site development and use plan may be filed
with the Town Clerk and the Planning Board. The vote of the Town Meeting shall refer to the
preliminary site development and use plan and it shall be considered part of the rezoning action.
5. Previous amendments.The preliminary site development and use plan for an existing PD district
that was approved by an earlier Town Meeting may be amended. The proposed amendments
shall be presented and acted upon in the same manner set forth in this section for an original
petition.
6. Application for site plan review.The application for site plan review under this section shall be
accompanied by a copy,certified by the Town Clerk,of the preliminary site development and
use plan approved by the Town Meeting.
April 25,2016 Adjourned Session of the 2016 Annual Town Meeting,cont...
7.3.3 Existing RD and CD Districts.
Existing CD and RD districts adopted under previous versions of this bylaw shall be governed by the
version of this bylaw in effect on 1 January 2016 only until they are eliminated or amended. Any such
elimination or amendment shall follow the procedures in this section.
C.Delete§9.4.1.2.
D.This amendment shall take effect on June 1,2016.
9:01 p.m. Mr.Hornig moved that the Planning Board's Report on Article 44 be received and
placed on file.Unanimously Adopted.
9:02 p.m. Mr.Hornig presented the requested action,explaining the proposed changes to the
bylaw.He stated that there were currently 24 planned development districts- 14 planned
commercial districts and 10 planned residential districts.He stated these would be combined into
one district under the bylaw change.He also discussed special procedures that would apply.
9:11 p.m. Selectman Joseph Pato reported unanimous support of the Board.
9:13 p.m. Members discussed the proposed bylaw change as it related specifically to the RO
district.Mr.Hornig addressed questions on the impact of the bylaw.
9:17 p.m. Following electronic vote tallying,the Moderator declared Article 44 Adopted by a
vote of:
Yes No Abstain
147 0 4
9:18 p.m. Selectman Joseph Pato moved to take up Article 15.Motion Adopted.
9:19 p.m. Presented by Selectman Peter Kelley.
ARTICLE 15:APPROPRIATE FOR PUBLIC FACILITIES CAPITAL PROJECTS
MOTION: That the following amounts be appropriated for the following capital improvements
to public facilities and that each amount be raised as indicated:
a) Town-wide Roofing Program-$176,400 for reconstructing and making
extraordinary repairs to the Central Administration Building's roof,and that to
meet this appropriation the Treasurer,with the approval of the Board of
Selectmen,is authorized to borrow$176,400 under M.G.L. Chapter 44, Section
7(3A),or any other enabling authority;
b) School Building Envelopes and Systems Program—$215,000 for design,
construction,repair and replacement projects for the maintenance and upgrades
of school buildings and systems,and that to meet this appropriation$215,000 be
appropriated from the General Fund unreserved fund balance;
c) Lexington High School Heating Systems Upgrade-$500,000 for engineering
services to design upgrades for the Lexington High School heating systems,and
that to meet this appropriation the Treasurer,with the approval of the Board of
Selectmen,is authorized to borrow$500,000 under M.G.L. Chapter 44, Section
7(21),or any other enabling authority;
d) Municipal Building Envelopes and Systems-$187,329 for design,construction,
repair and replacement projects for the maintenance and upgrades of municipal
buildings and systems,and that to meet this appropriation$187,329 be raised in
the tax levy;
e) Public Facilities Bid Documents-$100,000 for professional services to produce
design development,construction documents,and bid administration services for
capital projects,and that to meet this appropriation$100,000 be appropriated
from the General Fund unreserved fund balance;
f) Diamond Middle School Renovations—Construction—That this item be
indefinitely postponed;
g) Clarke Middle School Renovations—Construction—That this item be
indefinitely postponed;
h) Munroe School Roof—$298,000 for constructing a new roof on the Munroe
School,and that to meet this appropriation the Treasurer,with the approval of the
Board of Selectmen,is authorized to borrow$298,000 under M.G.L.Chapter
7(3A),or any other enabling authority;
April 25,2016 Adjourned Session of the 2016 Annual Town Meeting,cont...
i) Fire Headquarters Exercise Room—$80,000 for providing an exercise room and
replacing equipment at the Fire Headquarters,and that to meet this appropriation
$122 be appropriated from the unexpended proceeds voted under Article 12A of
the warrant for the 2010 Annual Town Meeting,$1,288 be appropriated from the
unexpended proceeds voted under Article 12D of the warrant for the 2012
Annual Town Meeting,$778 be appropriated from the unexpended proceeds
voted under Article 16K of the warrant for the 2012 Annual Town Meeting,
$25,100 be appropriated from the unexpended proceeds voted under Article 10L
of the warrant for the 2013 Annual Town Meeting,and$52,712 be raised in the
tax levy;
j) Facility and Site Improvements-$321,520 for building flooring replacement,
school traffic safety improvements,Public Services Building security camera
upgrades-analog to digital,High School security evaluation and upgrade,High
School guidance space mining and design,High School nurses'office and
treatment space—design,High School fitness center/athletic floor training floor
replacement,and that to meet this appropriation$321,520 be appropriated from
the General Fund unreserved fund balance;
9:19 p.m. Mr.Kelley explained that sections(c)and(h)would be discussed separately,but that
"routine"appropriations would not be addressed individually. Sections(f)and(g),both of which
were indefinitely postponed,had been included in the Consent Agenda,voted on March 28th.
9:20 p.m. Mr.Kelley presented(c)High School Heating Systems Upgrade,stating that the air
conditioning system was beyond its functional lifespan.There were no questions on section(c).
9:21 p.m. Mr.Kelley then presented(h)Munroe School Roof,and asked to recognize Thomas
Griffiths,Pct. 7,Chair of the Munroe Center for the Arts.Mr.Griffiths described the replacement
costs for the 10,000 square foot roof,noting the need for new gutters and a copper skirt to prevent
ice build-up.He said the Center for the Arts would contribute$140,000 to project costs.
9:29 p.m. Mr.Kelley reported unanimous support of the Board of Selectmen for all sections of
Article 15.
9:29 p.m. Jill Hai,Chair,Capital Expenditures Committee,reported unanimous support of the
Committee for all sections of Article 15.
9:29 p.m. John Bartenstein,Vice-Chair,Appropriation Committee,reported support of the
Committee for all sections of Article 15.
9:31 p.m. Mr.Robert Cohen,Pct.4,questioned the condition of the parking lot of the Munroe
School,which he reported is in need of repair.Mr.Griffiths responded,stating that the Town
patches the lot once a year.
9:35 p.m. Kevin Johnson,Pct.3,questioned whether CPA funds could be used for the repair of
the Munroe School roof.Mr.Griffiths responded that if the quote for the job came in above the
current appropriation,they would consider seeking CPA funds,but that the current intention was to
only seek Town funding.
9:40 p.m. Members discussed the bidding of the job within proposed funding.
9:42 p.m. Mr.Valente,Town Manager,commented on options if the bid came in higher than
the appropriation and Center for the Arts contribution.
9:52 p.m. Dirk Armstrong,Pct. 1,moved the question on section(h).Motion Adopted.
9:52 p.m. The Moderator asked for further questions on Article 15.There were no questions.
9:54 p.m. Andrei Radulescu-Banu,Pct. 8,asked for a separate question on section(h),to which
the Moderator agreed.
9:56 p.m. The Moderator called for the vote on all sections of Article 15,except(h).
9:56 p.m. Following electronic vote tallying,the Moderator declared Article 15(a,b,c,d,e,i,j)
Adopted by the necessary two-thirds by a vote of:
Yes No Abstain
147 1 2
9:57 p.m. The Moderator then called for a vote on section(h)of Article 15,the appropriation
for the Munroe School Roof.
9:57 p.m. Following electronic vote tallying,the Moderator declared Article 15(h)Adopted
by the necessary two-thirds by a vote of:
Yes No Abstain
131 12 6
April 25,2016 Adjourned Session of the 2016 Annual Town Meeting,cont...
9:59 p.m. The Moderator declared the meeting open on Article 8,sections(i)and(o),stating
that the Article had previously been moved.
9:59 p.m. Presented by Marilyn Fenollosa,Chair,Community Preservation Committee.
ARTICLE 8:APPROPRIATE THE FY2017 COMMUNITY PRESERVATION
COMMITTEE OPERATING BUDGET AND CPA PROJECS—Sections(i)and(o).
MOTION: That the Town hear and act on the report of the Community Preservation
Committee on the FY2017 Community Preservation budget and,pursuant to the
recommendations of the Community Preservation Committee,take the following
actions:
i)That$120,000 be appropriated for implementation of the design for the
Minuteman Bikeway Wayfinding Signs,and to meet this appropriation
$120,000 be appropriated from the Unbudgeted Reserve of the Community
Preservation Fund;
o)That$127,838 be appropriated for Grain Mill Alley Design Implementation,
and to meet this appropriation$127,838 be appropriated from the Open Space
Reserve of the Community Preservation Fund;
9:59 p.m. Ms.Fenollosa asked the Moderator to recognize David Pinsonneault,DPW Director.
9:59 p.m. Article 8(i),Minuteman Bikeway Wayfaring Signs:The Moderator recognized
Mr.Pinsonneault who presented the$120,000 request for CPA funds.
10:02 p.m. Ms.Fenollosa reported unanimous support of the Community Preservation
Committee.
10:02 p.m. Selectman Norman Cohen reported unanimous support of the Board.
10:02 p.m. Jill Hai,Chair,Capital Expenditures Committee reported support of the Committee.
10:02 p.m. John Bartenstein,Vice-Chair,Appropriation Committee,reported unanimous
support of the Committee.
10:02 p.m. Following electronic vote tallying,the Moderator declared Article 8(i)Adopted by a
vote of:
Yes No Abstain
128 11 2
10:03 p.m. The Moderator noted that the Planning Board reported unanimous support for Article
8(i).
10:03 p.m. Article 8(o),Grain Mill Alley Design Implementation:The Moderator recognized
Melisa Tintocalis,Economic Development Director,who addressed the$127,838 request for design
funds for the Grain Mill Alley Project.
10:07 p.m. Ms.Tintocalis asked the Moderator to recognize Fred Johnson,Pct. 6,Chair of the
Ad Hoc Grain Mill Alley Steering Committee.Mr.Johnson reviewed the history of the
Committee's work and described the proposal.
10:12 p.m. Marilyn Fenollosa,Chair,Community Preservation Committee,reported unanimous
support of the Committee.
10:12 p.m. Selectman Norman Cohen reported unanimous support of the Board.
10:12 p.m. Jill Hai,Chair,Capital Expenditures Committee,reported opposition to Article 8(o)
in a(0-5)vote.
10:12 p.m. John Bartenstein,Vice-Chair,Appropriation Committee,reported support of the
Committee in a(9-0)vote.
10:12 p.m. Nancy Corcoran-Ronchetti,Chair,Planning Board,reported unanimous support of
the Planning Board.
10:15 p.m. David Kanter,Pct. 7,speaking as a Town meeting member,moved an amendment to
the motion for Article 8(o).
MOTION: "In two places,replace`$127,838 with$3,000' ".
10:15 p.m. Mr.Kanter made a presentation,stating his concerns about the proposed$127,838
funding request.
10:19 p.m. Norman Cohen reported unanimous opposition to the amendment by the Board of
Selectmen.
10:19 p.m. Jill Hai,Chair,Capital Expenditures Committee,reported unanimous support of the
Committee for the amendment.
April 25,2016 Adjourned Session of the 2016 Annual Town Meeting,cont...
10:19 p.m. John Bartenstein,Vice-Chair,Appropriation Committee,reported opposition to the
amendment by the Committee in a(1-4)vote.
10:20 p.m. Nancy Corcoran-Ronchetti,Chair,Planning Board,reported unanimous opposition
of the Board.
10:21 p.m. Marilyn Fenollosa,Chair,Community Preservation Committee,reported opposition
to the amendment in a(0-6)vote.
10:25 p.m. Members discussed the history of the project,the need to move forward,and the
drawback posed by legal issues.
10:29 p.m. Hank Manz,Pct.9,urged a no vote on the amendment.
10:31 p.m. David Williams,Pct. 5,questioned whether a more detailed plan of the project was
available.Ms.Tintocalis responded.
10:38 p.m. Mr.Kanter restated his objections to the project and further explained the reasoning
behind his amendment.
10:40 p.m. Daniel Fenn,Jr.,Pct 3,urged a no vote on the amendment.
10:42 p.m. David Kluchman,Pct.4,called the question.Motion Adopted.
10:42 p.m. Following electronic vote tallying,the Moderator declared the amendment to the
motion for Article 8(o)Not Adopted by a vote of:
Yes No Abstain
45 89 4
10:43 p.m. Discussion returned to the main motion,with members expressing concern on
elements of the design.
10:56 p.m. Ms.Tintocalis responded,stating that the design was in its conceptual form.
10:58 p.m. Margaret Enders,Pct. 8,stated that the project was long overdue and urged support.
11:00 p.m. Dirk Armstrong,Pct. 1,called the question.Motion Adopted.
11:00 p.m. Mr.Johnson made final comments.
11:01 p.m. Following electronic vote tallying,the Moderator declared the Article 8(o)Adopted
by a vote of:
Yes No Abstain
95 39 3
11:02 p.m. Selectman Joseph Pato moved adjournment to Monday,May 9,2016,7:30 p.m.,at
the Margery Milne Battin Hall in the Cary Memorial Building.Motion Adopted.
A true copy.
Attest
Nathalie L.Rice,Town Clerk
May 9,2016 Adjourned Session of the 2016 Annual Town Meeting
Deputy Moderator Barry Orenstein called the tenth session of the 2016 Annual Town Meeting to
order at 7:32 p.m.,Monday,May 9,2016,at the Margery Milne Battin Hall in the Cary Memorial
Building,a quorum in excess of 100 members present.
7:37 p.m. The Deputy Moderator reviewed the agenda for the evening and tested the electronic
voting system.
7:38 p.m. The Deputy Town Moderator declared Town Meeting open on Article 12.
7:38 p.m. Selectman Suzanne Barry moved to take up article 12.Motion Adopted.
7:38 p.m. Presented by Selectman Suzanne Barry.
ARTICLE 12:APPROPRIATE FOR WASTEWATER SYSTEM IMPROVEMENTS
MOTION: That: (a)the Selectmen are hereby authorized to install sanitary sewer mains and
sewerage systems and replacements thereof,and all incidental costs related thereto in
such accepted or unaccepted streets or other land as the Selectmen may determine,
subject to the assessment of betterments or otherwise,in accordance with Chapter
504 of the Acts of 1897,as amended,or otherwise,and to take by eminent domain,
purchase or otherwise acquire any fee,easement or other interest in land necessary
therefor;to appropriate for such installation and land acquisition the sum of
$1,000,000,and to raise such amount$32,000 be appropriated from Wastewater
Retained Earnings and the Treasurer with the approval of the Board of Selectmen is
authorized to borrow$968,000 under M.G.L. Chapter 44,Section 7(1)or any other
May 9,2016 Adjourned Session of the 2016 Annual Town Meeting,cont...
enabling authority;and that the Treasurer,with the approval of the Board of Selectmen,is
authorized to borrow all or a portion of such amount from the Massachusetts Water
Resources Authority and in connection therewith to enter into a loan agreement
and/or security agreement;and(b)$800,000 be appropriated for pump station
upgrades and all incidental costs related thereto,and to raise such amount the
Treasurer,with the approval of the Board of Selectmen,is authorized to borrow
$800,000 under M.G.L.Chapter 44,Section 7(1)or any other enabling authority.
7:38 p.m. Selectman Barry presented the requested action and reported the unanimous support
of the Board.
7:39 p.m. Jill Hai,Chair,Capital Expenditures Committee,reported unanimous support of the
Committee.
7:40 p.m. Glenn Parker,Chair,Appropriation Committee,reported unanimous support of the
Committee.
7:40 p.m. With no questions from the floor,the Deputy Town Moderator called the question.
7:41 p.m. Following electronic vote tallying,the Deputy Town Moderator declared Article 12
Adopted by the necessary two-thirds by a vote of:
Yes No Abstain
138 1 0
7:41 p.m. The Deputy Town Moderator declared the meeting open on Article 45.
7:41 p.m. Presented by Jeanne Krieger,Pct.3,Chair of the Brookhaven Board of Trustees.
ARTICLE 45:AMEND ZONING BYLAW-BROOKHAVEN
MOTION: To refer back to the Planning Board.
7:41 p.m. Ms.Krieger presented the requested action,stating that Brookhaven was not
prepared to proceed and that the article would come before Town Meeting at a later date.
7:42 p.m. Nancy Corcoran-Ronchetti,Chair,Planning Board,reported the support of the Board
in at(4-0)vote.
7:43 p.m. Ephraim Weiss,Pct. 5,questioned if it was Brookhaven's intent to ask for a Special
Town Meeting.Ms.Kreiger replied in the negative.
7:43 p.m. The Deputy Town Moderator called the question.
7:43 p.m. Following a voice vote,the Deputy Town Moderator declared the motion to refer
back to the Planning Board under Article 45 Adopted.
7:44 p.m. The Deputy Town Moderator called for a motion to dissolve the 2016 Annual Town
Meeting.
7:44 p.m. Selectman Joseph Pato moved to dissolve the 2016 Annual Town Meeting.Motion
Adopted.
A true copy.
Attest
Nathalie L.Rice,Town Clerk
May 9,2016 Adjourned Session of Special Town Meeting#4(2016-#4)
The Deputy Town Moderator called to order the adjourned session of Special Town Meeting#4 at
7:45 p.m.,Monday,May 9,2016,at the Margery Milne Battin Hall in the Cary Memorial Building,
a quorum in excess of 100 members present.
7:45 p.m. The Deputy Town Moderator declared the Meeting open on Article 5.
7:45 p.m. Presented by Selectman Michelle Ciccolo.
ARTICLE 5:PURCHASE OF BELMONT COUNTRY CLUB LAND
MOTION: That this item be indefinitely postponed.
7:45 p.m. Ms. Ciccolo presented the requested action,stating that the article to purchase the
Belmont Country Club Land was put on the Warrant in the event that the Country Club property
was determined suitable for purchase. She stated that the 19-acre parcel was currently under
May 9,2016 Adjourned Session of Special Town Meeting#4(2016-4),cont...
agreement with the Lexington Montessori School,but that the Town had right of first refusal. She
reported that it was deemed unsuitable,however,due to wetlands and access issues,and reported
the unanimous support of the Board of Selectmen to indefinitely postpone Article 5.
7:47 p.m. David Kanter,Pct. 7,member,Capital Expenditures Committee,placed the Report
of the Capital Expenditures Committee to Special Town Meeting#4 on file.
7:47 p.m. Glenn Parker,Chair,Appropriation Committee reported the support of the
Committee.
7:47 p.m. Mr.Kanter,member,Capital Expenditures Committee reported the unanimous
support of the Committee and moved the Committee's Report.Unanimously Adopted.
7:48 p.m. Discussion resumed on Article 5.
7:48 p.m. Ephraim Weiss,Pct. 5,questioned whether school enrollment in five to ten years
might necessitate a need for additional school properties.
7:49 p.m. William Hurley,Chair of the School Committee,responded that enrollment
projections are based on a five-year time frame.
7:52 p.m. Selectman Joseph Pato reported that the Board of Selectmen continually considers
properties with the intention of meeting future school needs.
7:53 p.m. David Kanter,Pct. 7,called a point of order,stating that future land for school
properties was outside the scope of Article 5.
7:55 p.m. Selectman Joseph Pato reported on the suitability of the Belmont Country Club land
for school uses.
7:57 p.m. Robert Rotberg,Pct.3,questioned whether an indefinite postponement would
preclude the Town from negotiating an easement on the property.
7:58 p.m. Selectman Pato responded,stating that if an easement were negotiated,it would be
with the Montessori School and would come before a future Town Meeting.
8:01 p.m. David Kluchman,Pct.4,called the question.Motion Adopted.
8:01 p.m. Following a voice vote,the Deputy Town Moderator declared Article 5 Adopted.
8:02 p.m. Glenn Parker,Chair,Appropriation Committee asked to have the Report of the
Committee to Special Town Meeting#4 on Article 5 received and placed on file.Unanimously
Adopted.
8:02 p.m. Selectman Joseph Pato moved to dissolve the 2016 Special Town Meeting#4.
Motion Adopted.
A true copy.
Attest
Nathalie L.Rice,Town Clerk
May 9,2016 Adjourned Session of Special Town Meeting#2(2016-#2)
The Deputy Town Moderator called to order the adjourned session of Special Town Meeting#2 at
8:02 p.m.,on Monday,May 9,2016,at the Margery Milne Battin Hall in the Cary Memorial
Building,a quorum in excess of 100 members present.
8:02 p.m. The Deputy Town Moderator declared the Meeting open on Article 2.
8:03 p.m. Selectman Michelle Ciccolo recused herself from discussion and voting on Article 2.
8:05 p.m. Presented by Selectman Joseph Pato.
ARTICLE 2:LAND PURCHASE—20 PELHAM ROAD
MOTION: That the Board of Selectmen be and they are hereby authorized to purchase,take by
eminent domain or otherwise acquire for school,recreation or other municipal
purposes,any fee,easement,or other interest in all or any part of the land known as
20 Pelham Road shown as Lot 65A on Assessors'Property Map 31,now of
Armenian Catholic Sisters of the Immaculate Conception,Inc.;and that the sum of
$8,000,000 be appropriated for such land acquisition,and associated design,
engineering and architectural services for plans and specifications and related costs
in connection with said property,and that to meet this appropriation the Treasurer,
with the approval of the Board of Selectmen,is authorized to borrow$8,000,000
under M.G.L.Chapter 44, Section 7(3)as amended,or any other enabling authority.
8:05 p.m. Nancy Corcoran-Ronchetti,Chair,Planning Board,reported no formal report,but
said the Planning Board would make comments.
May 9,2016 Adjourned Session of Special Town Meeting#2(2016-2),cont...
8:05 p.m. Jill Hai,Chair,Capital Expenditures Committee,moved the Report of the Committee
be received and placed on file.Unanimously Adopted.
8:05 p.m. Glenn Parker,Chair,Appropriation Committee,moved the Report of the Committee
be received and placed on file.Unanimously Adopted.
8:05 p.m. Selectman Joseph Pato presented the requested action,discussing the property
location and noting the flexibility and opportunity provided by the acquisition. He stated that the
purchase of the property,by eminent domain if necessary,would provide flexibility in meeting
future school needs.He reported on the condition of the building and property,discussing access,
limited developable area,and the possibility of remediation for asbestos,lead paint and PCBs.Mr.
Pato reported the support of the Board of Selectmen.
8:18 p.m. Jill Hai,Chair,Capital Expenditures Committee,reported support of the Committee
in a(4-1)vote.
8:19 p.m. Glenn Parker,Chair,Appropriation Committee,reported support of the Committee
in a(8-1)vote.
8:20 p.m. William Hurley,Chair, School Committee,reported support of the School
Committee in a(4-0)vote.
8:21 p.m. Richard Canale,member,Planning Board,reported support of the Planning Board in
a(4-1)vote.
8:25 p.m. Anthony Barsamian,attorney for the Armenian Sisters Academy,spoke briefly and
offered to address questions.
8:25 p.m. S.Bijan Afshartous,Pct.2,questioned the cost of the property if taken by eminent
domain,and asked if the acquisition would eliminate the need for other school upgrades.Mr.Pato
responded.
8:30 p.m. Members engaged in a lengthy discussion of the impact on the tax rate,the value of a
school on a limited lot(which would preclude normal outdoor field space),and possible impacts on
the current MSBA process.
8:41 p.m. Charles Hornig,Pct. 8,dissenting member of the Planning Board,stated his
opposition to the acquisition,citing tax impacts and unsuitability of the site.
8:44 p.m. Dawn McKenna,Pct. 6,spoke in support.
8:58 p.m. Christopher Barnett, 19 Eldridge Street,spoke in opposition,citing concerns related
to yet to be determined costs associated with remediation of hazardous materials.
9:02 p.m. Gloria Bloom,Pct.4,questioned how the Town would proceed if the eminent
domain taking required additional funds beyond the appropriation of$8,000,000.Mr.Addelson,
Assistant Town Manager for Finance,responded that the Town would need to seek additional
funding at a subsequent Town Meeting.
9:05 p.m. Members discussed the limitations of parcel size,and questioned if it could be resold
if not suitable for Town use.Patrick Goddard,Director of Facilities,and Mr.Pato responded.
9:13 p.m. Dirk Armstrong,Pct. 1,called the question.Motion Adopted.
9:15 p.m. Following electronic vote tallying,the Deputy Town Moderator declared Article 2
Adopted by the necessary two-thirds by a vote of:
Yes No Abstain
130 26 3
9:16 p.m. Selectman Joseph Pato announced that Selectman Suzanne Barry would assume the
chairmanship of the Board of Selectmen,effective after the close of Town Meeting.Members
applauded.Ms.Barry thanked Mr.Pato for his service and said she looked forward to the year
ahead.
9:17 p.m. The Deputy Town Moderator thanked all involved in making Annual Town Meeting
and the Special Town Meetings possible.
9:18 p.m. Selectman Joseph Pato moved to dissolve the 2016 Special Town Meeting#2.
Motion Adopted.
A true copy.
Attest
Nathalie L.Rice,Town Clerk
RECORDS OF ELECTRONIC VOTING FOR SPECIAL TOWN MEETINGS ARE SHOWN WITHIN THE
VOTING RECORD FOR ANNUAL TOWN MEETING
2016 Annual&Special Town Meeting#3 March 21,2016 March 23,2016 March 28,2016 March 30,2016
March 21,2016- STM ATM- ATM- Art. Art. Art. Art. Art. Consent Art. Art. Art. Art. Art. Art. Art. Art.
• SMT#3-Art.3-Indefinitely Postponed by unanimous voice vote. #3- Art. Art. 35 38 29 4 5 Agenda: 7 18 21 31 39 40 41 41
•ATM-Art.3-Appointments to Cary Lecture Series-adopted by Art.2: 27: 30: Articles 6, Call
unanimous voice vote. 8p,8q,9, Question
•ATM-Art.28-Indefinitely Postponed by unanimous voice vote. 11,15f,
March 23,2016- 15g,17,
•Art.36&37-Adopted by unanimous voice vote. 19,20,
March 28,2016- 22,23,
•Art.24-Adopted by unanimous voice vote.
First Name Middle Last Name Precinct
Michael J. Barrett AL
Deborah J. Brown AL Abst. Abst. Abst. Abst. Abst. Abst. Abst. Abst. Abst. Abst. Abst. Abst. Abst. Abst. Abst. Abst. Abst.
Michelle Ciccolo AL Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Norman P. Cohen AL Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Suzanne E. Barry AL Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Jay R. Kaufman AL
Peter C.J. Kelley AL Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Joseph N. Pato AL Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Abst. Yes
Joel A. Adler 1 Yes Yes Yes No Yes No Yes Yes Yes Yes No Yes Yes No No Yes No
Nancy Adler 1 Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Dirk Armstrong 1 Yes Yes Yes Abst. Yes Yes Yes Abst. Yes Yes Yes Yes Yes Yes
John C. Bartenstein 1 Yes Yes No Yes Yes
Jean W. Cole 1 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Jonathan G. Cole 1 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Robert W. Cunha 1 Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes Yes No Yes Yes No
Colin R. Hamilton 1 Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes Yes No Yes Yes No
Brian E. Heffernan 1 Yes Yes Yes Yes No Yes Yes Yes Yes No Yes Yes Yes Yes No Yes
lang Jeon 1 Abst. Yes Yes No Yes No No Yes Yes Yes Yes Yes Yes No No Yes No
Janet M. Kern 1 Yes Yes Yes Abst. Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Hong bin Luo 1 Yes Yes Yes Yes Yes Yes Yes No Yes Yes No Yes Yes No
Eric J. Michelson 1 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Elaine M. Ashton 1 No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Yes
John F. Rossi 1 Yes Yes Yes No No No Yes Yes Yes Yes Yes Yes Yes No Yes No No
Barry E. Sampson 1 Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Carol J. Sampson 1 Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes No No Abst. Yes
Mary Ann Stewart 1 Yes Yes Yes Abst. Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes No Yes
Bella D. Tsvetkova 1 Abst. No No
Albert P. Zabin 1
Judith L. Zabin 1
S.Bijan Afshartous 2 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Laurel Carpenter 2 Abst. Yes Yes No Yes Yes Yes Yes Yes Yes Abst. Yes Yes Yes Yes Yes
Marian A.0. Cohen 2 Yes Yes Yes No Yes Abst. Yes Yes Yes Yes
Kathryn Mayes Fields 2 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Rita B. Goldberg 2 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Paul H. Lapointe 2 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Peter B. Lee 2 Yes Yes Yes No Abst. Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Susan Leigh London 2 Yes Yes Yes Abst. Yes Yes Yes Yes Yes Yes Abst. Yes Yes Yes Yes Yes Yes
Karen R. Longeteig 2 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Abst. Yes Yes Yes Yes No Yes
Jed B. Zeder 2 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Matthew P. Daggett 2 Yes Yes Yes Abst. Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Barry E. Orenstein 2 Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Michael J. O'Sullivan 2 Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes Yes No Yes Yes No
Margaret Ouellette 2 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Rick Pappo 2 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Jason E. Bressner 2 Yes Yes No No Yes
Kenneth J. Shine 2 Yes Yes Yes
Jonathan E. Suber 2 Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes Yes No Yes No No
Jennifer M. Vogelzang 2 Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Betsey Weiss 2 No Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Syed A. Rizvi 2 No Yes Yes Yes Yes Yes No Yes Yes
Let ha MS Prestbo 3 Yes Yes Yes No Yes Yes Yes Yes No No
Michael J. Schanbacher 3
Bonnie E. Brodner 3 Yes Yes Yes No Yes Yes Yes Yes Yes Yes
Dan H. Fenn 3 Yes Yes Yes No Yes No Yes Yes No Yes
Shirley Rauson Frawley 3 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Courtney McCollum Apgar 3 No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Steven P. Heinrich 3 Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Nancy L. Hubert 3 Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Kevin Johnson 3 Yes Yes Yes Yes No Yes Yes Yes Yes No Yes Yes No Yes No Yes
Kenneth M. Kreutziger 3
Jeanne K. Krieger 3 Yes Yes Yes Abst. Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Henry S. Lau 3 Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Michael J. Martignett 3 Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Beth J. Masterman 3 Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Sarah J. Nathan 3 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Judith L. Pappo 3 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Glenn P. Parker 3 Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Sharmila Mudgal 3 Yes Yes Abst. No Yes Yes Yes Yes Abst. Yes Yes No Yes
Robert Rotberg 3 Yes Yes Yes No Yes Yes Yes Yes Yes Yes No Yes Yes Yes No No Yes
Franklin E. Smith 3 Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Margaret B. Storch 3 Yes Yes Yes Abst. Yes Yes
Alessandro A. Alessandrini 4 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Nyles Nathan Barnert 4 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Gloria J. Bloom 4 Yes Yes Abst. No Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes No Yes
Michael P. Boudett 4 Yes Yes Yes No Yes Yes Yes Yes Yes Yes
Lawrence Chan 4 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Robert N. Cohen 4 Yes Yes Abst. No No No No No Yes No
Kathryn R. Colburn 4 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Yes
Anoop Garg 4 Yes Yes Yes Abst. Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Abst.
Peter David Enrich 4 Yes Yes Yes No Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes
Jill I. Hai 4 Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Yes No Yes No
David C. Kluchman 4 No Yes No Abst. Yes Yes Abst. Yes Yes
Kathleen M. Len ihan 4 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Eileen S. Jay 4 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Abst. Yes No Yes
Susan A. McLeish 4 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Paul Miniutti 4 Yes Yes Yes No Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes No Yes
Thomas V. Griffiths 4 Yes Yes Yes No Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes
Claire B. Sheth 4 Yes Yes Yes No Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes
Gerald Paul 4 No Yes Yes Yes Yes Yes Yes
Sandra J. Shaw 4 No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Nancy Ann Shepard 4 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes
Ruth S. Thomas 4 Yes Yes Yes Yes Yes Yes Yes
David E. Burns 5 Yes Yes Abst. Yes Yes Yes Yes Yes No Yes Yes No
Nancy Co rco ra n-Ro nchetti 5 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Anil A. Ahuja 5 Yes Yes Yes No Yes No Yes No Yes Yes
Judith A. Crocker 5 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Irene M. Dondley 5 Yes Yes Yes No Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes
Elaine Dratch 5 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Marilyn M. Fenollosa 5 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Andrew J. Friedlich 5 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Anthony G. Gala its is 5 No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No
John Hayward 5 Yes Yes Yes Yes No Yes Yes No
Ginna Johnson 5 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Rita Pandy 5 Yes Yes Yes Yes Abst. Yes Yes Yes Yes Yes Abst. Yes Yes Yes Yes Yes Yes
William J. Hurley 5 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes No
Pamela B. Lyons 5 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No
Jerold S. Michelson 5 Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Sam Silverman 5
Lisa L. Smith 5 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Marc A. Saint Louis 5 Yes Yes Yes No Yes No Yes Yes Yes Yes Yes No No No Yes
M.Mas ha Traber 5 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Ephraim Weiss 5 Yes Abst. Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Yes
David G. Williams 5 Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Yes No Yes No
Suzanne D. Abair 6 Yes Yes Yes No No No No Yes Yes No
Thomas S. Brennan 6 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Yes No
Todd J. Cataldo 6 Yes Yes Yes Yes Yes Yes No Yes No
Andrea J. Fribush 6 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Margaret L. Counts-K le be 6 Yes Yes Yes Abst. No Yes Yes Yes Yes Yes Yes Yes
Bebe H. Fall ick 6
Edmund C. Grant 6 No Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Jonathan A. Himmel 6 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Yes
Frederic S. Johnson 6 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Morton G. Kahan 6 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
David L. Kaufman 6 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Brian P. Kelley 6 No Yes No Yes Yes Yes Yes Yes Yes Yes No Yes No
Ann M. Kelly 6 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Trisha P. Kennealy 6 Yes Yes Yes Yes Yes Yes No Yes Yes No
Dawn E. McKenna 6 Yes Yes Yes No No No Yes Yes Yes Yes Yes Yes Yes No Yes Yes No
Stephen W. McKenna II 6 Yes Yes Yes No No No Yes Yes Yes Yes Yes Yes Yes No Yes Yes No
Jane Pagett 6 Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Yes No No
Dinesh Patel 6 Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes No No Yes No
Edith Sandy 6 Yes Yes No No Yes No Yes Yes Yes Yes No Yes Yes Yes No No Yes
Frank Sandy 6 Yes Yes No No Yes Abst. Yes Yes Yes Yes No Yes Yes Yes No No Yes
Deborah St rod 6 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Marsha E. Baker 7 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Elizabeth DeMille Barnett 7 Yes Yes Yes No No Yes Yes Yes Yes No Yes Yes No Yes Yes
Philip K. Hamilton 7 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
George A. Burnell 7 Abst. Yes Yes No Yes Abst. Yes Yes Yes Yes Abst. Yes Abst. No Yes
Mary Burnell 7 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Patricia Elen Costello 7 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
James Q. Courtemanche 7 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Catherine Woodward Gill 7 No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Vikas Kinger 7 Yes No Yes Yes Yes No No No Yes
Mary C. Hamilton 7 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Pamela Hoffman 7
David G. Kanter 7 Yes Yes Yes No Yes No Yes Yes Yes Yes No Yes Yes Yes No Yes Yes
Raul Marques-Pascual 7
Fred H. Martin 7 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Abst. Yes Yes Yes Yes No Yes
Joyce A. Miller 7 Yes Yes Yes No Yes Yes
Benjamin L. Moroze 7 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes No
Stacey A. Hamilton 7 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Yes
Paul J. Rubin 7 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Ravish Kumar 7 Yes Yes Yes Yes Yes Yes Yes
Thomas J. Wanderer 7 No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Geoffrey G. Xiao 7 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Robert M. Avallone 8 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Elizabeth Barrentine 8 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Lisa J. Mazerall 8 No No
Diane M. Biglow 8 No Yes Yes No Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Abst. Yes
Margaret Bradley 8 Yes Yes Yes No Yes No Yes Yes Yes Yes
Gang Chen 8 Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
N irmala V. Garime Ila 8 Yes Yes Yes Yes Yes Yes Yes Abst. Yes Yes Yes Yes Yes Yes
Margaret S. Enders 8 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Abst. Yes Yes Yes Yes Yes Yes
Charles Hornig 8 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Abst. Yes
David C. Horton 8 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Sanjay Padaki 8 Yes Yes Yes No Yes No Yes Yes Yes Yes No Yes Yes Yes No Yes Yes
Ingrid H. Klimoff 8 Yes Yes Yes Abst. Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Alan Mayer Levine 8 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Richard A. Michelson 8 No Yes Yes No Yes Yes
James A. Osten 8 Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes No Yes Yes No
Andrei Radulescu-Ba nu 8 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
William A. Ribich 8 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Jessie Ste igerwald 8 Yes Yes Yes Abst. Yes No Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Shirley H. Stolz 8 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Melinda M. Walker 8 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Weidong Wang 8 Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Alice J. Adler 9 Yes Yes Yes No Yes Yes Yes Yes No Yes
Nara in D. Bhatia 9 Yes Yes Abst. Abst. Yes No Yes Yes Yes Abst. Yes Yes Yes Abst. No Yes
Victoria Lawrence Blier 9 Yes Yes Yes Abst. Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Abst. Yes
Jeanne P. Canale 9 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Richard L. Canale 9 Yes Yes Yes No Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes No Yes
Scott A. Bokun 9 Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Rodney Cole 9 Yes Yes Yes Yes No Yes Yes Yes Yes No Yes
Margaret E. Coppe 9 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Thomas 0. Fenn 9 Yes Yes Yes No Yes No No Yes Yes No
Mollie K. Garberg 9 Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes Yes No No Yes No
Mark P. Maguire 9 Yes Yes Yes Yes Yes Yes Yes
Hank Manz 9 Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Wendy Manz 9 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Susan M. Buckley-Kingsbury 9 Yes Yes Yes No Yes Yes Yes No
Philip T. Jackson 9 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Kimberly A. Ryan 9 Yes Yes Abst. Yes No Yes Yes Yes Yes Yes Yes Yes Abst. Yes Yes No
Christina M. Murray 9 Yes Yes Yes No No No Yes Yes Yes Yes Yes Yes Yes No Yes Yes No
Janet A. Perry 9 Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Lisah S. Rhodes 9 Yes Yes Yes No Abst. No Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Pamela Kumari Joshi 9 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Justine A. Wirtanen 9 Yes Yes Abst. Abst. Yes No No Yes Yes No
Total l=Yes 152 156 147 11 146 96 156 159 156 158 125 158 156 138 128 102 127
Total 2=No 2 0 2 128 10 551 0 0 0 21 0 0 31 41 60 41
Total 3=
Abst. 4 2 7 15 5 4 3 11 1 12 1 2 3 3 6 2
Pass/Fail Pass Pass Pass Fail Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass
Annual Town Meeting-
2016 April 4,2016 April 6,2016 April 11,2016
April 4,2016- Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. Art. Record
•Art.8-Parts 1-4-Adopted by voice vote 8 88 8 8 8 8 8 8 34 34 43 43 10 10 of Roll
•Art.8 a&d-lndefinitely Postponed by unanimous voice vote. j,k, I b c e f g h h Call the Amend. a,e, b,c, Call
m,n Amend. Question j,m, d,f, Vote
n,o, h,i, Article
s k,I, 10:g
q,r
First Name Middle Last Name Precinct
Michael J. Barrett AL
Deborah J. Brown AL Abst. Abst. Abst. Abst. Abst. Abst. Abst. Abst. Abst. Abst. Abst. Abst. Abst. Abst. Abst. Abst.
Michelle Ciccolo AL Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes No Yes Yes Yes Yes
Norman P. Cohen AL Yes Yes Yes Yes Yes Yes Yes No Yes No Yes No Yes Yes Yes Yes
Suzanne E. Barry AL Yes Yes Yes Yes Yes Yes Yes No Yes Yes No No Yes Yes Yes Yes
Jay R. Kaufman AL
Peter C.J. Kelley AL Yes Yes Yes No Yes Yes Yes No Yes No No No Yes Yes Yes No
Joseph N. Pato AL Yes Yes Yes Yes Yes Yes Yes Yes No Abst. Yes Yes Yes Yes Yes
Joel A. Adler 1 Yes Yes Yes No Yes
Nancy Adler 1 Yes Yes Yes Yes Yes
Dirk Armstrong 1 Yes Yes No Yes Yes Yes Yes Abst. Yes No Yes No Yes Yes Yes Yes
John C. Bartenstein 1 Yes Yes Yes Abst. Yes Yes Yes No Yes No No Yes Yes Yes Yes Yes
Jean W. Cole 1 Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes No Yes Yes Yes Yes
Jonathan G. Cole 1 Yes Yes Yes Yes Yes Yes Yes No Yes No No Yes Yes Yes Yes
Robert W. Cunha 1 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Colin R. Hamilton 1 Yes Yes Yes Yes Yes Yes Yes No Abst. Yes
Brian E. Heffernan 1 Yes Yes Yes Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes Yes
lang Jeon 1 No No No
Janet M. Kern 1 Yes Yes Yes Yes Yes Yes Abst. Abst. Abst. No Yes No Yes Yes Yes Yes
Hongbin Luo 1 Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes
Eric J. Michelson 1 Yes Yes Yes No Yes Yes Yes No Yes Yes No Yes Yes
Elaine M. Ashton 1 Yes Yes Yes Yes Yes Yes Yes Abst. Abst. Yes Yes No Yes Yes Yes Yes
John F. Rossi 1
Barry E. Sampson 1 Yes No Yes Yes Yes Yes Yes
Carol J. Sampson 1 Yes No Yes Yes Yes Yes No
Mary Ann Stewart 1 No Yes Abst. Yes Yes Yes Yes
Bella D. Tsvetkova 1 Yes No Yes Yes Yes
Albert P. Zabin 1 Yes Yes No Yes Yes Yes Yes
Judith L. Zabin 1 Yes Yes No Yes Yes Yes Yes
S.Bijan Afshartous 2 Yes Yes Yes Yes Yes Yes Yes No Yes No Yes No Yes Yes Yes Yes
Laurel Carpenter 2 Yes Yes Yes Yes Yes Yes Yes Yes Abst. Yes Yes Yes Yes
Marian A.0. Cohen 2 No Yes Yes Yes Yes
Kathryn Mayes Fields 2 Yes Yes Yes Yes Yes Yes Yes Abst. Yes Abst. Yes Yes Yes Yes
Rita B. Goldberg 2 Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes
Paul H. Lapointe 2 Yes No Yes Yes Yes Yes Yes
Peter B. Lee 2 Yes Yes Abst. Abst. Yes Yes Yes Abst. Yes Yes
Susan Leigh London 2 Yes Yes Yes Yes Yes Yes Yes Abst. Yes Yes Yes
Karen R. Longeteig 2 Yes Yes Yes No Yes Yes Yes Yes No No Yes Yes Yes Yes Yes
Jed B. Zeder 2 Yes No Yes Yes Yes Yes Yes No No Abst. Yes No Yes Yes Yes Yes
Matthew P. Daggett 2 Yes Yes Yes Yes Yes Yes Yes Abst. Abst. No Abst. Abst. Yes Yes Yes Yes
Barry E. Orenstein 2 Yes Yes Yes Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes Yes
Michael J. O'Sullivan2 Yes No Yes Yes Yes Yes No
Margaret Ouellette2 Abst. Yes Yes Yes Yes Yes No
Ricki Pappo 2 Yes Yes Yes Yes Yes Yes Yes Yes No No Yes Yes Yes Yes Yes Yes
Jason E. Bressner 2 Yes Yes Yes Yes Yes Yes Yes No Yes
Kenneth J. Shine2 Yes No Yes No Abst. Abst. Yes Yes No No No No Yes Yes Yes Yes
Jonathan E. Suber2 Yes Yes Yes Yes Yes Yes Yes No Yes No No Yes No Yes Yes Yes
Jennifer M. Vogelzang 2 Yes Yes Yes Yes Yes Yes Yes No No Yes Yes Yes Yes Yes
Betsey Weiss 2 Yes Yes Yes Abst. Yes Yes Abst. No Yes No Yes No Yes Yes Yes Yes
Syed A. Rizvi 2 Yes Yes Abst. No Yes Yes Yes Yes Yes Yes
Letha MS Prestbo3 Yes Yes Yes Yes Yes Yes Yes Yes
Michael J. Schanbacher3 No Yes Yes
Bonnie E. Brodner3 Yes Yes Yes Yes Yes Yes Yes Yes No No Yes
Dan H. Fenn 3 No Yes No Yes Yes Yes No
Shirley Rauson Frawley 3 No Yes No Yes Yes Yes Yes
Courtney McCollum Apgar 3 Yes Yes Yes Yes Yes No Yes
Steven P. Heinrich3 Yes Yes Yes Yes Yes Yes Yes No Yes No Yes No Yes Yes Yes Yes
Nancy L. Hubert3 Yes Yes Yes Yes Yes Yes No No Yes Yes Yes Yes Yes Yes Yes Yes
Kevin Johnson3 Yes No Yes No Yes Yes No Yes No Yes No Yes Yes Yes Yes Yes
Kenneth M. Kreutziger 3 Yes Yes Yes Yes Yes
Jeanne K. Krieger 3 Yes Yes Yes Yes Yes Yes Yes No Yes No Yes No Yes Yes Yes Yes
Henry S. Lau 3 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Michael J. Martignetti 3 Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes No Yes Yes
Beth J. Masterman 3 Yes Yes Yes Yes Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes
Sarah J. Nathan3 Yes Yes Yes Yes Yes Yes Yes No No Yes Yes No Yes Yes Yes
Judith L. Pappo 3 Yes Yes Yes Yes Yes Yes Yes Yes Abst. No Yes Yes Yes Yes Yes Yes
Glenn P. Parker3 Yes Yes Yes No Yes Yes Yes No Yes Abst. Abst. Yes Yes Yes Yes Yes
Sharmila Mudgal 3 No Yes Abst. Yes
Robert Rotberg 3 Yes Yes Yes Yes Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes
Franklin E. Smith3 Yes Yes Yes Yes Yes Yes Yes No Yes No Yes No Yes Yes Yes Yes
Margaret B. Storch3 Yes Yes No Yes Yes Yes
Alessandro A. Alessandrini4 Yes Yes Yes Yes Yes No Yes Yes Yes Yes
Nyles Nathan Barnert 4 Yes Yes Yes No Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes
Gloria J. Bloom4 No Yes Abst. Yes Yes Yes Yes
Michael P. Boudett4 Yes Yes Yes Yes Yes Yes Yes Yes No No Yes Yes Yes Yes
Lawrence Chan4 Yes Yes Yes Yes Yes Yes Yes Yes No Yes No Yes Yes Yes Yes Yes
Robert N. Cohen4 Yes No
Kathryn R. Colburn4 Yes Yes Yes No Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes
Anoop Garg 4 Yes Yes Yes Yes Yes Yes Yes No Yes No No Yes Yes Yes Yes Yes
Peter David Enrich 4 Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes
Jill I. Hai 4 Yes No Yes No Yes Yes Yes No Yes No No
David C. Kluchman 4 Yes Yes
Kathleen M. Lenihan 4 Yes Yes Yes No Yes Yes Yes No Yes No Yes Yes
Eileen S. Jay 4 Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes
Susan A. McLeish 4 Yes Yes Yes No Yes Yes Yes Yes Yes No Yes No Yes Yes Yes Yes
Paul Miniutti 4 Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes No Yes Yes Yes Yes
Thomas V. Griffiths 4 Yes Yes Yes Yes Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes
Claire B. Sheth 4 Yes Yes Yes Yes Yes Yes Yes Yes Abst. Yes Yes Yes Yes Yes
Gerald Paul 4 Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes
Sandra J. Shaw 4 Yes Yes Yes Yes Yes Yes Yes Yes No No Yes No Yes Yes Yes Yes
Nancy Ann Shepard 4 Yes Yes Yes Yes Yes Yes Yes No Abst. Yes Abst. No Yes Yes Yes Yes
Ruth S. Thomas 4 Yes Yes Yes Yes Yes Yes No
David E. Burns 5 Yes Yes Yes No Yes Abst. Yes Yes Yes No Yes Yes No
Nancy Corcoran-Ronchetti 5 Yes Yes Yes Yes Yes Yes Yes No Yes Yes No No Yes Yes Yes Yes
Anil A. Ahuja 5 Yes Abst. No Yes Yes Yes Yes Yes Abst. Yes Yes Yes Yes Yes Yes Yes
Judith A. Crocker 5 Yes Yes Yes Yes Yes Yes Yes No Yes Yes No No Yes Yes Yes Yes
Irene M. Dondley 5 Yes Yes Yes Yes Yes Yes Yes No Yes No Yes No Yes Yes Yes Yes
Elaine Dratch 5 Yes Yes Yes Yes Yes Yes No Yes Yes No Yes Yes Yes Yes Yes Yes
Marilyn M. Fenollosa 5 Yes No Yes Yes Yes Yes Yes Yes No No Yes Yes Yes Yes Yes Abst.
Andrew J. Friedlich 5 Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes
Anthony G. Galaitsis 5 Yes Yes Yes Yes Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes
John Hayward 5 Yes No
Ginna Johnson 5 Yes Yes Yes Yes Yes Yes Yes Abst. Abst. No Yes No Yes Yes Yes Yes
Rita Pandy 5 Yes Abst. Yes Yes Yes Yes Yes Abst. Abst. Yes Yes Abst. Yes Yes Yes Yes
William J. Hurley 5
Pamela B. Lyons 5 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Yes Yes Yes Yes
Jerold S. Michelson 5 Yes Yes Yes Yes Yes Yes Yes No Yes Yes No No Yes Yes Yes Yes
Sam Silverman 5
Lisa L. Smith 5 Yes Yes Yes Yes Yes Yes No No Yes No No Yes No Yes
Marc A. SaintLouis 5 Yes Yes Yes No Yes Yes No Yes No No Yes Yes Yes Yes Yes
M.Masha Traber 5 Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes No Yes Yes Yes Yes
Ephraim Weiss 5 Yes Yes Yes No Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes
David G. Williams 5 Yes Yes Yes Yes Yes Yes Yes No Yes No Yes Yes Yes Yes Yes No
Suzanne D. Abaft 6 Yes No Yes Yes Yes
Thomas S. Brennan 6 Yes Yes Yes Yes Yes Yes Yes No Yes No Yes No Yes Yes
Todd J. Cataldo 6 Yes Yes Yes No Abst. Yes Yes No No Yes No Yes Yes No
Andrea J. Fribush 6 Yes Yes Yes Yes Yes Yes Yes Yes No No Yes Yes Yes Yes Yes Yes
Margaret L. Counts-Klebe 6 Yes Yes Yes Yes Yes Yes Yes No Yes No No Yes Yes Yes
Bebe H. Fallick 6
Edmund C. Grant 6 Yes Yes Yes Yes Yes Yes Yes Yes No No Yes Yes Yes Yes
Jonathan A. Himmel 6 Yes Yes Yes Yes Yes Yes Yes No Yes No Yes Yes Yes
Frederic S. Johnson 6 Yes Yes Yes Yes Yes Yes Yes No Yes No Yes
Morton G. Kahan 6 Yes Yes Yes Yes Yes Yes No Yes Yes Yes No Yes Yes Yes No
David L. Kaufman 6 Yes Yes Yes Yes Yes Yes Yes No Yes Yes No Yes Yes Yes Yes Yes
Brian P. Kelley 6 Yes Yes Yes No No Yes Yes Yes No
Ann M. Kelly 6 Yes Yes Yes Yes Yes Yes Yes No No Yes Yes Yes No Yes Yes Yes
Trisha P. Kennealy 6 Yes Yes Yes Yes Yes Yes No Yes Yes No No Yes Yes Yes No
Dawn E. McKenna 6 Yes Yes Yes Yes Yes Yes Yes No Yes No No Yes Yes Yes Yes No
Stephen W. McKenna II 6 Yes Yes No Yes Yes Yes Yes No Yes No No Yes Yes Yes Yes No
Jane Pagett 6 No No No No No No No No No Yes No Yes Yes Yes Yes No
Dinesh Patel 6 Yes Yes Yes Yes Abst. Yes Yes No Yes Yes No No No Yes Yes No
Edith Sandy 6 Yes Yes No No Yes Yes Yes Yes No No Yes Yes Yes Yes Yes Yes
Frank Sandy 6 Yes Yes No No Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes
Deborah Strod 6 Yes No Yes No Yes Yes Yes No Yes No No No Yes Yes Yes Yes
Marsha E. Baker 7 Yes Yes Yes Yes Yes Yes Yes No Abst. Yes Yes No Yes Yes Yes Yes
Elizabeth DeMille Barnett 7 Yes Yes
Philip K. Hamilton 7 Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes
George A. Burnell 7 Yes Abst. Yes Abst. Yes Yes Yes No Yes Yes No Yes Yes Yes No
Mary Burnell 7 Yes Yes Yes No Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes
Patricia Elen Costello 7 Yes Yes Yes Yes Yes Yes Yes No Yes No No Yes Yes Yes Yes Yes
James Q. Courtemanche 7 No Yes Yes Yes Yes
Catherine Woodward Gill 7 No No
Vikas Kinger 7 Yes Abst. Yes Yes Abst. Yes Yes Yes
Mary C. Hamilton 7 Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes
Pamela Hoffman 7 Yes Yes Yes Yes Yes Yes Yes No Yes No No Yes Yes Yes
David G. Kanter 7 Yes No Yes No Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes
Raul Marques-Pascual 7 No Yes No No Yes Yes Yes
Fred H. Martin 7 Yes Yes Yes Yes Yes Yes Yes No Yes No Yes No Yes Yes Yes Yes
Joyce A. Miller 7 Yes Yes Yes No Yes Yes Yes
Benjamin L. Moroze 7 Yes Yes Yes Yes Yes Yes Yes No No No No Yes Yes Yes Yes Yes
Stacey A. Hamilton 7 Yes Yes Yes Yes Yes Yes Yes No Yes No No Yes Yes Yes Yes Yes
Paul J. Rubin 7 Yes Yes Yes Yes Yes Yes Yes No Abst. Yes Yes Yes Yes Yes Yes Yes
Ravish Kumar 7 Yes Yes No No Yes Yes Yes Yes No Yes Yes
Thomas J. Wanderer 7 Yes Yes Yes Yes Yes Yes Yes No No Yes Yes Yes Yes Yes Yes No
Geoffrey G. Xiao 7 Yes Yes Yes Yes Yes
Robert M. Avallone8 Yes Yes Yes Yes Yes Yes Yes No Yes No No No Yes Yes Yes Yes
Elizabeth Barrentine 8 Yes Yes Yes Yes Yes Yes No
Lisa J. Mazerall8 Yes No
Diane M. Biglow 8 Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Yes Yes Yes Yes
Margaret Bradley 8 Yes No Yes Yes Yes Yes No
Gang Chen8 Yes Yes Yes Yes Yes Yes Yes Yes No No No No Yes Yes Yes Yes
Nirmala V. Garimella8 Yes Yes Yes Yes Yes Yes Abst. No Abst. Yes Yes
Margaret S. Enders8 Yes Yes Yes Yes Yes No Abst. Yes Yes No Yes Yes Yes Yes
Charles Hornig 8 Yes Yes Yes No Yes Yes Yes Yes No Abst. No No Yes Yes Yes Yes
David C. Horton 8 Yes Yes Yes Yes Yes Yes Yes Yes No No No No Yes Yes Yes Yes
Sanjay Padaki8 Yes No Yes Yes Yes Yes Yes No No Yes Yes Yes Yes Yes Yes Yes
Ingrid H. Klimoff8 Yes Yes Yes Yes Yes Yes Yes Yes Abst. Abst. Yes Yes Yes Yes Yes
Alan Mayer Levine 8 Yes Yes Yes Yes Yes Yes Yes No Yes No Yes Yes Yes Yes Yes Yes
Richard A. Michelson8 Yes No
James A. Osten 8 Yes Yes Yes Yes Yes
Andrei Radulescu-Banu8 Yes Yes Yes No Yes Yes Yes No No Yes Yes Yes Yes
William A. Ribich8 No Yes Yes Yes No
Jessie Steigerwald 8 Yes Yes Yes Yes Yes Yes Yes Yes Yes
Shirley H. Stolz8 Yes Yes Yes Yes Yes Yes Yes
Melinda M. Walker 8 Yes Yes Yes No Yes Yes Yes Yes No Yes Yes No Yes Yes Yes
Weidong Wang 8 Yes Yes Yes Yes Yes Yes Yes No Yes Yes No Yes Yes Yes Yes Yes
Alice J. Adler9 No No
Narain D. Bhatia9 Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Victoria Lawrence Blier9 Yes Yes Yes Abst. Yes Yes Yes Yes Abst. No No Yes Yes Yes Yes
Jeanne P. Canale9 Yes Yes Yes Yes Yes Yes Yes No Yes No Yes No Yes Yes Yes Yes
Richard L. Canale9 Yes Yes Yes Yes Yes Yes Yes No Yes No Yes No Yes Yes Yes Yes
Scott A. Bokun9 Yes Yes Yes Yes Yes Yes Yes No No Yes Yes No Yes Yes Yes Yes
Rodney Cole9 Yes Yes Yes Yes Yes
Margaret E. Coppe 9 Yes Yes Yes Yes Yes Yes Yes No Yes No Yes No Yes Yes Yes Yes
Thomas O. Fenn 9 Yes Yes Yes Yes Yes Yes Yes No Yes No No No Yes
Mollie K. Garberg 9 Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes
Mark P. Maguire 9 No Yes
Hank Manz 9 Yes No Yes Yes Yes Yes Yes Yes No Yes No Yes No Yes Yes Yes
Wendy Manz 9 Yes No Yes No Yes Yes Yes No Yes Yes No Yes Yes Yes Yes Yes
Susan M. Buckley-Kingsbury 9 Yes Yes No Yes Yes Yes No Yes No Yes Yes Yes Yes Yes
Philip T. Jackson 9 Yes Yes Yes No Yes Yes Yes Yes No No Yes No Yes Yes Yes Yes
Kimberly A. Ryan 9 Yes Yes Yes Yes Yes Yes Yes Abst. Yes No No
Christina M. Murray 9 Yes No Yes Yes Yes Yes No Yes Yes No
Janet A. Perry 9 Yes Yes Yes Yes Yes Yes Yes Yes No Yes No Yes Yes Yes No
Lisah S. Rhodes 9 Yes Yes Yes Yes Yes Yes Abst. Yes Yes No No Yes Yes Yes Yes
Pamela Kumari Joshi 9 No Yes No Yes Yes Yes Yes
Justine A. Wirtanen 9 Yes No
Total 1=Yes 146 133 134 112 135 135 125 45 76 84 105 89 154 144 145 140
Total 2=No 1 11 9 28 1 1 8 74 40 80 62 64 13 0 0 24
Total 3=Abst. 1 5 3 6 4 3 5 10 16 8 5 8 2 1 1 2
Pass/Fail Pass Pass Pass Pass Pass Pass Pass Fail Pass Pass Pass Pass Pass Pass Pass Pass
Annual Town Meeting-
2016 April 13,2016 April 25,2016 May 9,2016
April 13,2016- Art. Art. Art. Art. STM STM Art. Art. Art. Art. Article Article Art. STM
•Art.14-Indefinitely Postponed by unanimous voice vote. 16 13 10 p 25 #4- #4- 44 15 15 8 8: 8: 12 #2-
•Art.32&33-Indefinitely Postponed by unanimous voice vote. Art.2 Art.3 (except h i o o Art.
•Reconsideration of Art.5-Adopted by unanimous voice vote. h) Amend. 2
•Art.5-Adopted by unanimous voice vote.
•Art.26-Indefinitely Postponed by unanimous voice vote.
April 25,2016-
•STM#4-Art.4-Adopted by unanimous voice vote.
•ATM-Art.42-Indefinitely Postponed by voice vote.
•*Art.15 f&g-Voted as part of the consent agenda on March 28,2016
May 9,2016-
•ATM-Art.45-Referred back to Planning Board by unanimous voice vote.
•STM#4-Art.5-Indefinitely Postponed-Adopted by voice vote.
First Name Middle Last Name Precinct
Michael J. Barrett AL
Deborah J. Brown AL Abst. Abst. Abst. Abst. Abst. Abst. Abst. Abst. Abst. Abst. Abst. Abst.
Michelle Ciccolo AL Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Norman P. Cohen AL Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Suzanne E. Barry AL Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Jay R. Kaufman AL
Peter C.J. Kelley AL Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Joseph N. Pato AL Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Joel A. Adler 1 No Yes No Yes Yes Yes
Nancy Adler 1 Yes Yes No Yes Yes Yes Yes Yes Yes Yes No
Dirk Armstrong 1 Yes Yes Yes Yes Yes Yes No Yes Yes Yes
John C. Bartenstein 1 Abst. Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes No
Jean W. Cole 1 Yes Yes No Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Jonathan G. Cole 1 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Robert W. Cunha 1 Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Colin R. Hamilton 1 Yes Yes Yes Yes Yes Yes Yes
Brian E. Heffernan 1 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
la ng Jeon 1 Yes Yes Yes Yes No Yes Yes No
Janet M. Kern 1 Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Hong bin Luo 1 Yes Yes Yes Yes Yes Yes No No Yes
Eric J. Michelson 1 No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Elaine M. Ashton 1 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
John F. Rossi 1
Barry E. Sampson 1 Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Yes No
Carol J. Sampson 1 Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes No Yes No
Mary Ann Stewart 1 Yes Abst. Yes Yes Yes Yes No Yes Yes Yes
Bella D. Tsvetkova 1 Yes No
Albert P. Zabin 1 Yes Yes No Yes Yes Yes Yes Yes Yes No Yes No Yes No
Judith L. Zabin 1 Yes Yes No Yes Yes Yes Yes Yes Yes Yes No Yes Yes No
S.Bijan Afshartous 2 Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Laurel Carpenter 2 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Marian A.0. Cohen 2 Yes Yes Yes Yes Yes Yes No No No
Kathryn Mayes Fields 2 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Rita B. Goldberg 2 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Paul H. Lapointe 2 Yes Yes Yes Yes Yes Yes No Yes Yes No
Peter B. Lee 2 Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes No Yes Abst.
Susan Leigh London 2 Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Karen R. Longeteig 2 Yes
Jed B. Zeder 2 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Matthew P. Daggett 2 Yes Yes Abst. Yes Yes Yes Abst. Yes Abst. Yes Abst. Yes Yes Yes
Barry E. Orenstein 2 No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Michael J. O'Sullivan 2 No Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Margaret Ouellette 2 Yes Yes No Yes Yes Yes Yes Yes Yes Abst. No No Yes Abst.
Rick Pappo 2 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Jason E. Bressner 2 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Kenneth J. Shine 2 No Yes Yes Yes Yes Yes Yes Yes No Yes No Yes Yes
Jonathan E. Suber 2 Yes Yes Yes Yes Yes Yes
Jennifer M. Vogelzang 2 Yes Yes Yes Yes Yes Yes No Yes
Betsey Weiss 2 Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Syed A. Rizvi 2 Yes Yes No Yes
Let ha MS Prestbo 3 Yes Yes Yes Yes
Michael J. Schanbacher 3
Bonnie E. Brodner 3 Yes Yes Yes Yes Yes Yes No Yes
Dan H. Fenn 3 Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes No
Shirley Rauson Frawley 3 Yes Yes No Yes Yes Yes Yes Yes Yes Yes No Yes
Courtney McCollum Apgar 3 Yes
Steven P. Heinrich 3 Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes No Yes No
Nancy L. Hubert 3 Yes Yes Yes Yes Yes Yes
Kevin Johnson 3 Yes Yes No Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes
Kenneth M. Kreutziger 3 Yes Yes No Yes Yes Yes Yes Yes Yes Yes No No
Jeanne K. Krieger 3 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Henry S. Lau 3
Michael J. Martignett 3 Yes Yes Yes Yes
Beth J. Masterman 3 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Sarah J. Nathan 3 Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Judith L. Pappo 3 Yes Yes No Yes Yes Yes Yes Yes Yes
Glenn P. Parker 3 Yes Yes Yes Yes Yes Yes
Sharmila Mudgal 3 Yes Yes
Robert Rotberg 3 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Franklin E. Smith 3 Yes Yes No Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Margaret B. Storch 3 Yes Yes Abst. Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Alessandro A. Alessandrini 4 Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Nyles Nathan Barnert 4 Yes Yes No Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Gloria J. Bloom 4 Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes No Yes Yes
Michael P. Boudett 4 Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Lawrence Chan 4 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Robert N. Cohen 4 Yes Yes Yes Yes Yes Yes No
Kathryn R. Colburn 4 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Anoop Garg 4 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes No
Peter David Enrich 4 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Jill I. Hai 4 Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
David C. Kluchman 4 Yes Yes Yes Yes Yes Yes No Yes Yes No Yes No Yes
Kathleen M. Len ihan 4 Yes Yes Yes Yes Yes Yes Yes Yes
Eileen S. Jay 4 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Susan A. McLeish 4 Yes Yes No Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Paul Miniutti 4 Yes Yes Yes Yes Yes Yes No Yes
Thomas V. Griffiths 4 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Claire B. Sheth 4 Yes Yes Yes Yes Yes Yes Yes Yes Yes
Gerald Paul 4 Yes Yes Yes
Sandra J. Shaw 4 Yes Yes No Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Nancy Ann Shepard 4 Yes Yes Yes Yes Yes Yes
Ruth S. Thomas 4 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Abst. Yes Yes
David E. Burns 5 Yes Yes Yes No
Nancy Co rco ra n-Ro nchetti 5 Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Anil A. Ahuja 5 Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Judith A. Crocker 5 Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Irene M. Dondley 5 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Elaine Dratch 5 Yes Yes Yes Yes Yes Yes
Marilyn M. Fenollosa 5 Yes Yes No Yes Yes Yes Yes Yes Yes Yes No Yes Yes No
Andrew J. Friedlich 5 Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Anthony G. Gala its is 5 Yes Yes No Yes Yes Yes Yes No Yes Yes Yes
John Hayward 5 Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Ginna Johnson 5 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Rita Pandy 5 Yes Yes Abst. Yes Abst. Yes Yes Yes Abst. Yes Abst. Abst. Yes
William J. Hurley 5 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Pamela B. Lyons 5 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Jerold S. Michelson 5 Yes Yes Yes Yes Yes Yes Yes Yes No Yes No Yes Yes Abst.
Sam Silverman 5
Lisa L. Smith 5 Yes Yes Yes Yes Yes Yes Yes Yes Yes No
Marc A. Saint Louis 5 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
M.Mas ha Traber 5 Yes Abst. Yes Yes Yes Yes
Ephraim Weiss 5 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
David G. Williams 5 Yes Yes Yes Abst. No Yes Yes No Yes Yes
Suzanne D. Abaft 6 Yes Yes Yes Yes
Thomas S. Brennan 6 Yes Yes Yes Yes Yes
Todd J. Cataldo 6 Yes Yes No Yes Yes Yes Yes Yes No No
Andrea J. Fribush 6 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Margaret L. Counts-K le be 6 Yes Yes Yes Yes
Bebe H. Fall ick 6
Edmund C. Grant 6 Yes Yes Yes Yes Yes
Jonathan A. Himmel 6 Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Frederic S. Johnson 6 Yes Yes Yes Yes Yes No Yes Yes Yes
Morton G. Kahan 6 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
David L. Kaufman 6 Yes Yes No Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Brian P. Kelley 6 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Ann M. Kelly 6 Yes Yes Yes Yes Yes No No Yes Yes Yes
Trisha P. Kennealy 6 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Dawn E. McKenna 6 Yes Yes Yes Yes No Yes Yes No Yes Yes
Stephen W. McKenna II 6 Yes Yes Yes Yes No Yes Yes No Yes Yes
Jane Pagett 6 Yes Yes No Yes Yes Yes Yes Yes No No Yes No Yes Yes
Dinesh Patel 6 Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Edith Sandy 6 Yes Yes No Yes Yes Yes Yes Yes Abst. No Yes No Yes Yes
Frank Sandy 6 Yes Yes Abst. Yes Yes Yes Yes Yes Abst. No Yes No Yes Yes
Deborah St rod 6 Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Marsha E. Baker 7 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Elizabeth DeMille Barnett 7 No Yes No Yes Yes Yes Yes No
Philip K. Hamilton 7 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
George A. Burnell 7 Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Mary Burnell 7 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Patricia Elen Costello 7 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No
James Q. Courtemanche 7 Yes
Catherine Woodward Gill 7 Yes
Vikas Kinger 7
Mary C. Hamilton 7 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Pamela Hoffman 7 Yes Yes No Yes Yes Yes Yes Yes Yes Yes
David G. Kanter 7 Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Raul Marques-Pascual 7 Yes Yes Yes Yes Yes Yes Yes No Yes No Yes Yes Yes
Fred H. Martin 7 Yes Yes No Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Joyce A. Miller 7 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Benjamin L. Moroze 7 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Stacey A. Hamilton 7 Yes Yes Yes Yes Yes Yes
Paul J. Rubin 7 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Ravish Kumar 7 Yes Yes
Thomas J. Wanderer 7 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes
Geoffrey G. Xiao 7 No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No
Robert M. Avallone 8 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Elizabeth Barrentine 8 Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Lisa J. Maze raII 8
Diane M. Biglow 8 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Margaret Bradley 8 Yes Yes No Yes Yes Yes Yes Yes Yes No Yes No
Gang Chen 8 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
N irmala V. Garime Ila 8 Yes Yes Yes Yes Yes Yes
Margaret S. Enders 8 Yes Yes Yes Yes Abst. Yes No Yes Yes Yes
Charles Hornig 8 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes No
David C. Horton 8 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Sanjay Padaki 8 Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes
Ingrid H. Klimoff 8 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Abst. Yes No
Alan Mayer Levine 8 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Richard A. Michelson 8
James A. Osten 8 Yes Yes Yes Yes Yes Yes
Andrei Radulescu-Ba nu 8 Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes No Yes Yes
William A. Ribich 8 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes No
Jessie Ste igerwald 8 Yes Yes Abst. Yes Yes Yes
Shirley H. Stolz 8 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Melinda M. Walker 8 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes No
Weidong Wang 8 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
Alice J. Adler 9 Yes Yes Yes Yes Yes Yes
Nara in D. Bhatia 9
Victoria Lawrence Blier 9 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Jeanne P. Canale 9 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Richard L. Canale 9 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Scott A. Bokun 9 Yes Yes Yes Yes Yes Yes Yes Yes No Yes No Yes Yes Yes
Rodney Cole 9 Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Margaret E. Coppe 9 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Thomas O. Fenn 9 Yes Yes Yes Yes
Mollie K. Garberg 9 Yes Yes Yes Yes
Mark P. Maguire 9
Hank Manz 9 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Wendy Manz 9 No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Susan M. Buckley-Kingsbury 9 Yes Yes Abst. Yes
Philip T. Jackson 9 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Kimberly A. Ryan 9 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes
Christina M. Murray 9 Yes Yes Yes Yes Yes Yes Yes
Janet A. Perry 9 Yes Yes Yes No
Lisah S. Rhodes 9 Yes Yes Yes Yes
Pamela Kumari Joshi 9 Yes Yes No Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes
Justine A. Wirtanen 9 Yes Yes Yes No
Tota I1=Yes 139 145 105 138 152 149 147 147 131 128 45 95 138 130
Total 2=No 8 0 35 0 0 0 0 1 12 11 89 39 1 26
TotaI3=Abst. 2 2 5 1 2 2 4 2 6 2 4 3 0 3
Pass/Fail Pass Pass Pass Pass Pass Pass Pass Pass Pass Pass Fail Pass Pass Pass
A true copy.
Attest
Nathalie L.Rice