HomeMy WebLinkAbout2004-03-29 to 2004-05-12-ATM-min 2004 ANNUAL TOWN MEETING
March 29, 2004
(See Warrant File for Warrant)
The first session of the 2004 Annual Town Meeting was called to order by Moderator
Margery M. Battin, at 8:00 p.m., at the Clarke Middle School, 17 Stedman Road. A
quorum of 183 members was present.
The Lexington Minutemen, accompanied by the William Diamond Jr. Fife and Drum
Corps, posted the colors. The invocation was offered by Rabbi Stephanie Alexander.
The Moderator honored deceased Town Officials and Town Meeting members Alfred
Busa, David Miller, and John Harvell.
Fire Chief William Middlemiss reviewed procedures for emergency exit from the
auditorium.
The Moderator called a recess during which former Selectman Leo McSweeney was
honored for his long tenure as Selectman.
Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town
Clerk read the Constable's Return of the Warrant.
The Moderator reviewed procedural matters and explained anticipated Article order and
reports to be made to the meeting, and declared the meeting open under Article 2 and
would be so during the duration of the meeting.
ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
8:45 p.m. Arthur Katz, Committee on Cary Lecture Series.
MOTION: That the report of the Committee on Cary Lectures be accepted and
placed on file. Nancy Shephard, Chairman of the Cary Lecture Series reported on
the prior year's activities. ADOPTED UNANIMOUSLY.
ARTICLE 3: APPOINTMENTS TO CARY LECTURE SERIES
8:47 p.m. Arthur Katz, pr.3, Cary Lecture Series.
MOTION: That a committee of three 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. ADOPTED UNANIMOUSLY.
ARTICLE 4: ZONING BY-LAW, CD-6 TO CRO, 12-18 HARTWELL AVENUE
8:47 p.m. Andrew Friedlich, pr. 5.
MOTION: That the Code of the Town of Lexington, Zoning By-Law
and the Zoning Map be amended by changing the zoning district
designation of the parcel shown on Assessors Map 84, parcel 70C owned
by JOSCO Realty Trust, Middlesex South Registry of Deeds, Book 21100,
p.337 and further described in a metes and bounds description on file with
the Board of Selectmen from the current CD-6, Planned Commercial
District Zone to CRO, Regional Office District Zone, said property being
commonly known and numbered as 12-18 Hartwell Avenue.
Attorney John Farrington presented on behalf of the applicant.
8:50 p.m. Thomas Harden moved the Report of the Planning Board on Article 4 be
Accepted and Placed on File and reported the Planning Board
unanimously recommends approval. UNANIMOUSLY ADOPTED.
8:57 p.m. Dawn McKenna reported the unanimous support of the Board of
Selectmen.
8:58 p.m. ARTICLE 4 declared ADOPTED UNANIMOUSLY.
ARTICLE 5: ZONING BY-LAW, RO to RD, RANGEWAY—Lot 64 of Assessors
Map 90
8:58 p.m. Martha Wood, pr8, moved Article 5 be taken up after Article 10 on
April 7, 2004. MOTION ADOPTED.
Adjourned Session of the 2004 Annual Town Meeting—March 29, 2004
ARTICLE 6: ZONING BY-LAW, COMMON AND USABLE OPEN SPACE IN
RESIDENTIAL DEVELOPMENTS
8:59 p.m. John Davies, pr.4, moved Article 6 be postponed until April 12, 2004 after
taking up Article 11. MOTION ADOPTED.
ARTICLE 7: ZONING BY-LAW, IMPERVIOUS SURFACE IN RESIDENTIAL
DEVELOPMENTS
8:59 p.m. Thomas Harden, pr.8.
MOTION: That this article be indefinitely postponed.
ADOPTED UNANIMOUSLY
ARTICLE 8: ZONING BY-LAW, HOME OCCUPATIONS
Presenter: Karl Kastorf, pr.8.
Mr. Kastorf moved the Report of the Planning Board on Article 8 be
Accepted and Placed on File. MOTION ADOPTED.
MOTION: That the Code of the Town of Lexington, Zoning By-Law
be amended as set forth in the motion attached to the report of the
Planning Board on this Article.
MOTION
The actual motion is as follows, except that it will not include the text in italics, which is
included here for informational purposes only:
1. DEFINITIONS
In §135-8, delete the existing definition of"Home Occupation":
HOME OCCUPATION -- Certain occupations engaged in within an existing dwelling or a
building accessory thereto by a resident thereof provided that there shall be no sign, advertising
device, exterior storage, or other exterior indication of the home occupation, and that such
occupations are limited to the exercise of personal or professional skills in the fields of music,
dramatics, arts and crafts and academic pursuit and the giving of instructions or lessons, for
compensation, in such skills, and also the performance of custom work of a domestic nature, such
as dressmaking, millinery, and clothes washing provided that equipment utilized is such as is
customarily incidental to residential occupancy.
and insert in its place the following new definitions:
Home Occupation—
Any business, occupation, or activity undertaken for gain within a residential
structure, by a person residing in the structure, that is incidental and secondary to the
use of that structure as a dwelling unit.
Home Occupation, Instruction — A home occupation that consists of teaching
that takes place inside the dwelling unit of the instructor. Typical instruction
includes music lessons and academic tutoring.
Home Occupation, Minor — A home occupation with no nonresident employee,
partner, or contractor working on the premises; no more than one customer or
client visiting the premises at a time; and no more than 6 customers or clients
visiting the premises over the course of a day.
Home Occupation, Major— A home occupation subject to a special permit with
no more than one nonresident employee, partner, or contractor working on the
premises; and no more than 10 customers or clients visiting the premises over
the course of a day.
2. USE REGULATIONS
In Article IV, §135-16, Table 1, Part A, delete lines 1.24 and 1.25:
Line RO RT RM RD* CN CBS CS CB CRO CM
RS CLO
1.24 Home occupation in which there is no exterior Y Y Y SP Y N NN N N
evidence of the occupation,no employee who is
not also a resident in the dwelling,and not
more than one customer or client visits the
dwelling at one time
1.25 Home occupation,or office of a physician, SP SP SP SP Y N NN N N
dentist or other professional person,residing
in the dwelling,provided there is no exterior
evidence of the occupation and each employee
is also a resident in the dwelling;may have
customers or clients visit the dwelling
Adjourned Session of the 2004 Annual Town Meeting—March 29, 2004
and insert in their place the following:
Line RO RT RM RD* CN CRS CS CB CRO CM
RS CLO
1.24 Home Y Y Y SP Y N N N N N
occupation,
instruction
(see
§135-25.1)
1.251 Home Y Y Y SP Y N N N N N
occupation,
minor(see
§135-25.1)
1.252 Home SP SP SP SP Y N N N N N
occupation,
major(see
§135-25.1)
3. PERFORMANCE STANDARDS
In Article V, insert a new §135-25.1 to address performance standards for home-based
businesses:
§ 135-25.1 Home Occupations
A. Intent. The provisions of this section are intended to accommodate limited
business uses in dwellings, conducted by the residents thereof, in order to
promote wider economic opportunities for Lexington residents, while at the
same time protecting residential neighborhoods from adverse impacts.
B. Applicability. The provisions of this section shall apply to all permitted home
occupations except where specifically stated otherwise.
C. Accessory Use. Home occupations shall be considered accessory uses to the
principal residential use of a dwelling, and shall be conducted by a resident of
the dwelling. A home occupation shall be incidental to the principal use as a
residence, but need not be a use that is customarily associated with residential
use.
D. Maintenance of Residential Character. There shall be no exterior indication of
the home occupation, except as provided herein in the form of off-street
parking.
(1) The business shall not require alterations to the exterior of the building.
(2) There shall be no exterior storage of materials, supplies, or equipment
related to the business.
(3) There shall be no sign indicating the business.
E. Number of home occupations. More than one home occupation may be
established in a dwelling, subject to the use regulations of§135-16, but all home
occupations combined shall not exceed any of the standards of this section.
F. Hours of Operation: Business visits to a home occupation shall be limited to the
hours from 7:00 A.M. to 9:00 P.M., unless otherwise authorized by Special
Permit.
G. Employees.
(1) A minor home occupation or instruction home occupation shall have no
nonresident employee, contractor, or partner.
(2) A major home occupation shall have no more than one full-time
nonresident employee, contractor, or partner (or the equivalent thereof) on
the premises at any one time.
(3) The number of nonresident employees working at off-premise locations is
not limited, provided that such employees do not regularly visit the
premises.
H. Commercial Vehicles, Pickups and Deliveries.
(1) Commercial vehicle parking shall be subject to Article IV, Table 1, Part A,
line 1.32.
(2) Vehicles used to deliver goods to the home-based business shall be limited
to passenger vehicles, mail carriers, and panel trucks or small vans such as
used by express package carriers and office supply companies.
(3) Pickups and deliveries shall not exceed those normally and reasonably
occurring at a residence and shall not include more than an average of two
pickups and deliveries of products or materials per day.
Adjourned Session of the 2004 Annual Town Meeting—March 29, 2004
I. Parking. A major home occupation shall provide off-street parking spaces for
the home occupation, in addition to two spaces for the dwelling unit, as follows:
(1) One parking space shall be provided for a nonresident employee, partner,
or contractor regularly working on the premises;
(2) When a home occupation requires a special permit, the Board may require,
at its discretion, the provision of up to one parking space for each client or
customer expected to visit the premises at one time, if site-specific
conditions warrant it. Provision of such a space shall be in addition to
parking required for the dwelling unit and nonresident employees.
J. Environmental Impacts. The equipment used by the home occupation and the
operation of the home occupation shall not:
(1) create any heat, glare, dust, odors, or smoke discernable at the property
lines;
(2) exceed the noise standards in the Lexington Noise Control Bylaw (Code of
Lexington, Chapter 80, Sections 1 through 11 inclusive);
(3) create any electrical, magnetic or other interference off the premises; or
(4) use and/or store hazardous materials (as defined in Massachusetts General
Laws, Chapter 21E, Section 2) in excess of quantities permitted in
residential structures.
9:02 p.m. Assistant Planning Director Maryann McCall-Taylor explained changes
proposed by this Article.
9:07 p.m. Selectman Jeanne Krieger reported the Selectmen's unanimous support.
9:08 p.m. Questions rose regarding permitted use as listed in zoning table and
permitting procedures for the Zoning Board of Appeals. An amendment
to the motion was then crafted by Town Counsel to correct an error.
9:15 p.m. Discussion ensued on tax classification of home business property,
existence of residential uses in commercial zones, removal of nuisance
provisions from existing bylaw.
Planning Board members explained apparent error in table, changing
1.252 CN district from "Y" to "SP".
9:38 p.m. Karl Kastorf, pr.8, moved the following:
AMENDMENT: Amend line 1.2.5, in column "CN", to delete the "Y"
and substitute "SP". AMENDMENT ADOPTED UNANIMOUSLY.
9:40 p.m. Planning Director Glenn Garber explained the zoning table and responded
to questions on the special permit process. Town Counsel William Lahey
advised on permitted use.
9:48 p.m. MOTION, as amended, ADOPTED UNANIMOUSLY
9:49 p.m. Ephraim Weiss, pr.1, served Notice of Reconsideration on Article 8.
ARTICLE 23: PORTER LANE STREET ACCEPTANCE
9:50 p.m. Selectman Peter Kelley.
MOTION: To establish as a Town way and accept the layout of Porter
Lane from Adams Street to end, as laid out by the Selectmen and shown
upon a plan on file in the office of the Town Clerk, dated November 25,
2003, and to authorize the Selectmen to take by eminent domain, purchase
or otherwise acquire any fee, easement or other interest in land necessary
therefore. ADOPTED UNANIMOUSLY.
ARTICLE 28: RESCIND UNUSED BORROWING AUTHORITY
9:50 p.m. Selectman Richard Pagett.
MOTION: That the unused borrowing authorization voted under
Article 10 of the Warrant for the 2000 Annual Town Meeting is hereby
rescinded.
Richard Pagett reported unanimous support of the Board of Selectmen and
explained unused borrowing authorization amounted to $1,043.
MOTION ADOPTED UNANIMOUSLY
Adjourned Session of the 2004 Annual Town Meeting—March 29, 2004
ARTICLE 37: ACCEPT MGL CHAPTER 148 s. 2611
9:51 p.m. Selectman Dawn McKenna.
MOTION: That this article be indefinitely postponed.
ADOPTED UNANIMOUSLY.
9:52 p.m. Selectman McKenna moved adjournment until Wednesday evening,
March 31, 2004 at 8:00 p.m., Clarke Middle School.
MOTION ADOPTED.
A true copy,
ATTEST:
Donna M. Hooper, Town Clerk
ADJOURNED SESSION OF THE 2004 ANNUAL TOWN MEETING
March 31, 2004
The second session of the 2004 Annual Town Meeting was called to order by Moderator
Margery M. Battin, at 8:00 p.m., at the Clarke Middle School, 17 Stedman Road. A
quorum of 165 members was present. A moment of silence was held in memory of
Bernice Weiss who recently passed away.
The Moderator reviewed anticipated order for articles to be discussed and explained
Town Counsel William Lahey will moderate discussion on Article 9 (Brookhaven) as
Mrs. Battin would recuse herself.
ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
8:05 p.m. Betsey Weiss, pr.2, moved the report of the Housing Partnership
Committee be accepted and placed on file. ADOPTED
UNANIMOUSLY
Chairman Bob Bicknell presented the report of the committee.
8:15 p.m. Richard Canale moved the Report of the Lexington Representative to the
Metropolitan Area Planning Council be accepted and placed on file. Mr.
Canale presented his report. UANIMOUSLY ADOPTED.
ARTICLE 9: ZONING BY-LAW, RD ZONING DESIGNATION,
1010-1012 WALTHAM STREET
8:15 p.m. Norman Cohen, pr.4.
MOTION: That the existing Preliminary Site Development and Use Plan
approved at the 1986 Annual Town Meeting, Article 47, a copy of which
is on file with the Town Clerk and the Planning Board, be amended to
permit expansion of the existing facilities at Brookhaven, located at 1010-
1012 Waltham Street, to allow for additional living units, health care
facilities and support service space, as shown on the Preliminary Site
Development and Use Plan dated December 30, 2003 on file with the
Planning Board, pursuant to Article VIII, Section 135-42D(3) and other
applicable provisions of the Code of the Town of Lexington, Zoning By-
Law.
Town Counsel William Lahey served as temporary Moderator after Margery
Battin recused herself from this Article. Norman Cohen, pr.4, explained he would
be abstaining from voting on this Article.
William Dailey, 2 Bushnell Drive, explained the requested action on this Article
and Architect Diane Dooley outlined plans.
8:34 p.m. Karl Kastorf moved the report of the Planning Board on Article 9 be
accepted and placed on file. Mr. Kastorf reported the Planning Board unanimously
recommended approval of Article 9. ADOPTED UNANIMOUSLY.
Dawn McKenna reported the Board of Selectmen's unanimous support.
8:39 p.m. Kenneth Kreutziger, 14 Tower Rd., presented the Report of the Lexington
Housing Partnership Board.
Discussion ensued on construction costs, payments made by Brookhaven in lieu
of taxes, feelings of current residents on proposed plans, and construction
schedule.
Brookhaven residents spoke in favor and opposition to the motion.
9:00 p.m. Town Meeting members discussed further, and Brookhaven
representatives responded to, issues on environmental impact, role of
Conservation Commission on proposed changes, and anticipated variances
to be requested of the Board of Appeals.
Members spoke in support and opposition to the motion, further questioning
financial considerations.
9:36 p.m. David Burns, pr.5, moved the question now be put. MOTION
ADOPTED
Robert Whitman, pr.6, stated he would be abstaining from voting.
Elaine Dratch, pr.6, stated she would be abstaining from voting.
Adjourned Session of the 2004 Annual Town Meeting—March 31, 2004
9:38 p.m. William Dailey summarized on behalf of the article sponsor.
9:41 p.m. Moderator William Lahey declared the MOTION ADOPTED by more
than the required TWO-THIRDS VOTE.
Selectman Jeanne Krieger moved Article 34 be taken up. MOTION ADOPTED.
ARTICLE 34: AMEND TREE BY-LAW AND TECHNICAL CORRECTION
9:43 p.m. Selectman Jeanne Krieger.
MOTION: That the Code of the Town of Lexington, General By-Laws Chapter 120
TREES be amended as follows:
A. Delete subsection (2) under"C. Mitigation." of 120-8. Protected Trees and substitute
the following:
"(2) Contribution into the Selectmen's Tree Gift Account: such contribution shall
be $50 per DBH inch Protected Tree or Town Tree removed not already mitigated
as per Subsection C(1); or"
A. Delete Subsections "B" and "C" under 120-10. Enforcement and substitute the
following:
"B.Each instance in which a Town Tree or a Protected Tree is removed without a tree permit
shall constitute an offense under this by-law. When Town trees or protected trees
have been removed without a permit, mitigation (as outlined in Section 120-8C of
this by-law) and the payment of fines (as outlined in the Fine Schedule at the end
of this by-law) shall be required.
"C. If mitigation and the payment of fines are completed in due time as
determined by the Tree Warden the project will be approved. If not completed,
then each day beyond the determined and agreed upon completion date shall
constitute a new and separate offense."
B. Add the following new section after Section 120-13:
"120-14. Funds
Collection of voluntary contributions under this by-law shall be deposited into the
Selectmen's Tree Gift Account. The Tree Warden with input from the Tree
Committee will request use of these funds for tree planting, transplanting, and
other tree related needs. The request to expend these funds will be approved by
the Board of Selectmen."
9:43 p.m. Tree Committee member John Frey, 1133 Massachusetts Avenue,
explained proposed by-law changes.
9:51 p.m. Jeanne Krieger reported the unanimous support of the Board of Selectmen.
Town Meeting members questioned tree replacements and cost of Tree Warden.
9:53 p.m. ADOPTED UNANIMOUSLY.
9:53 p.m. Jeanne Krieger moved Article 30 be taken up. MOTION ADOPTED.
ARTICLE 30: HANSCOM AIR FORCE BASE RESOLUTION
9:53 p.m. Selectman Jeanne Krieger.
MOTION: That the following resolution be adopted:
Town Meeting affirms its strong support for Hanscom Air Force Base and
encourages Town Officials to continue to work closely with state and national
officials to ensure the continued presence of the Air Force Base in our
community, and requests the Board of Selectmen to convey the spirit of this
resolution to appropriate state and federal officials.
Jeanne Krieger reported unanimous support of the Board of Selectmen.
Carolyn Tiffany, pr.8, spoke on behalf of SHHAIR and spoke in support.
9:55 p.m. ADOPTED UNANIMOUSLY
9:58 p.m. Robert Cunha, pr.2, moved Article 35 be taken up. MOTION ADOPTED.
ARTICLE 35: MILITARY PAY ACT
9:58 p.m. Robert Cunha, pr.2.
MOTION: That the Town accept Section 1 of Chapter 137 of the Acts of 2003
relating to military pay.
Robert Cunha summarized requested action.
9:59 p.m. William Kennedy reported the unanimous support of the Board of
Selectmen. MOTION ADOPTED UNANIMOUSLY
Adjourned Session of the 2004 Annual Town Meeting—March 31, 2004
Martha Wood, pr.7, moved Article 39 be taken up at this time. MOTION ADOPTED.
ARTICLE 39: AMEND SECTION 80-8 SPECIAL PERMITS (NOISE BYLAW)
10:00 p.m. Martha Wood, pr.7.
MOTION: That Section 80-8, Special Permits, of the Code of the Town of
Lexington, General By-Laws, which regulates noise, be amended by deleting the
subsections A and B and substituting therefor the following subsections A, B, C
and D:
§ 80-8. Special permits.
A. The Board of Selectmen, or its designees, may issue a special permit for any
activity otherwise forbidden by the provisions of this by-law. A person seeking
such a permit shall make a written application to the Board of Selectmen, or
designee, on the appropriate form, which shall be available at the office of the
Selectmen or its designee.
The following criteria shall be considered when deciding whether to issue a
special permit:
(1) Whether the cost of compliance will cause an applicant excessive financial
hardship; and
(2) Whether the proposed additional noise will have an excessive impact on
neighboring citizens
B. The Board of Selectmen, or its designees, may issue additional guidelines
defining the criteria to be considered and the procedures to be followed in
applying for a special permit.
C. An initial special permit shall remain valid for up to one year from the date it was
issued. Renewal of a special permit shall require:
(1) a public hearing for review of whether the cost of compliance will cause an
applicant excessive financial hardship, and
(2) Evaluation of noise data at the boundary of the property in which the
offending sound source is located.
Renewal of a special permit shall be up to three years. Any special permit issued
to the applicant shall contain all necessary conditions to ensure minimum
disturbance to the adjoining residences.
D. Legal Notice of the time and place of said hearing shall be given by the Board
of Selectmen, at the expense of the applicant, by publication in a newspaper of
general circulation in Lexington once in each of two successive weeks, the first
publication to be not less than fourteen days before the day of the hearing and by
posting such notice in a conspicuous place in the Lexington town hall for a period
of not less than fourteen days before the day of such hearing, and by delivering or
mailing a notice thereof to the applicant, the Board of Health, the Police, Fire and
Inspectional Services Departments and the abutters within 300 feet of the lot line.
Jeanne Krieger reported the support (4-1) of a majority of the Board of Selectmen.
Discussion ensued on possible impact of bylaw on businesses and of possible violators,
noise evaluation procedures and costs.
10:08 p.m. MOTION ADOPTED
10:09 p.m. Selectman Dawn McKenna moved adjournment until 8:00 p.m.,
Wednesday, April 7, 2004, Clarke Middle School. MOTION ADOPTED.
A true copy,
ATTEST:
Donna M. Hooper, Town Clerk
ADJOURNED SESSION OF THE 2004 ANNUAL TOWN MEETING
April 7, 2004
The third session of the 2004 Annual Town Meeting was called to order by Moderator
Margery M. Battin, at 8:00 p.m., at the Clarke Middle School, 17 Stedman Road. A
quorum of 171 members was present.
ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
8:05 p.m. Marshall Derby, LexHab, moved the LexHab Report be accepted and
placed on file. Mr. Derby presented the report. ADOPTED UNANIMOUSLY
ARTICLE 10: ZONING BY-LAW, CRO AND RO TO CD, 125,
131 AND 141 SPRING STREET
8:13 p.m. Edmund Grant, pr7.
MOTION: That the Code of the Town of Lexington, Zoning By-Law
and the Zoning Map be amended by changing the zoning district
designation of the land described in a certain written metes and bounds
description (Appendix 6) on file with the Planning Board, from the current
CRO Regional Office District and RO One Family Dwelling District to a
CD Planned Commercial District with certain specified uses (pursuant to
the provisions of the Town of Lexington Code § 135-42), said property
being commonly known and numbered as 125, 131 and 141 Spring Street
(former Raytheon Corporation Headquarters)to allow construction of a
new building(s) for office and laboratory uses, and further provided, that
the property shall be subject to the preliminary site development and use
plan originally filed on December 29, 2003, as amended, including a
revised and resubmitted preliminary site development and use plan dated
March 17, 2004, which plan is on file with the Planning Board and the
Town Clerk, in accordance with the provisions of the Zoning By-Law.
Mr. Grant declared he would be abstaining from voting on this motion and requested
the minutes so indicate. Mr. Grant made a brief presentation on the article.
8:23 p.m. Chairman Thomas Harden, pr.8, moved the Report of the Planning Board
on Article 10 be Accepted and Placed on File. ADOPTED
UNANIMOUSLY
Mr. Harden reported the Planning Board unanimously recommends
approval.
8:30 p.m. Dawn McKenna reported the unanimous support of the Board of
Selectmen.
8:31 p.m. Chairman Deborah Brown reported the unanimous support of the
Appropriation Committee.
8:32 p.m. Richard Canale, Lexington representative to the Metropolitan Area
Planning Council, reported support as representative to MAPC.
Discussion ensued, with Members questioning development covenant,
Preliminary Site Development and Use Plan, intent of developers, and
open space restriction.
Members questioned traffic impact, increased real estate taxes to be
generated, and purview of the Zoning Board of Appeals in carrying out the
will of town meeting.
Transportation Advisory Committee members questioned transportation
demand fund usage, and traffic mitigation plans.
8:50 p.m. Following a voice vote, MOTION DECLARED ADOPTED by more
than the required TWO-THIRDS.
8:51 p.m. William Frawley, pr.3, served Notice of Reconsideration - Article 10.
Adjourned Session of the 2004 Annual Town Meeting—April 7, 2004
ARTICLE 5: ZONING BY-LAW, RO TO RD, RANGEWAY—Lot 64 of Assessors
Map 90
8:51 p.m. Marshall Derby, pr.7.
MOTION: That the Code of the Town of Lexington, Zoning By-Law and
the Zoning Map be amended by changing the zoning district designation
of the land shown on Assessors Map 90 as Lot 64, containing
approximately 62,160 square feet, said property is located on the easterly
side of Rangeway Road at its intersection with James Street, from the
current RO, One-Family Dwelling District Zone to RD, to allow the
construction of one two-family dwelling by the Lexington Housing
Assistance Board.
9:00 p.m. Anthony Galaitsis moved the Report of the Planning Board on Article 5 be
Accepted and Placed on File. MOTION ADOPTED
Mr. Galaitsis reported the Planning Board unanimously recommends
approval.
9:01 p.m. William Kennedy reported a majority of the Board of Selectmen (4-1) in
support. Selectman Dawn McKenna reported her opposition.
9:02 p.m. Kenneth Kreitziger, Housing Partnership Board, reported support.
9:06 p.m. Following a voice vote, the Moderator DECLARED MOTION
ADOPTED by more than the required TWO-THIRDS.
ARTICLE 36: TRANSFER OF PROPERTY TO LEXHAB
9:06 p.m. Marshall Derby, LexHab.
MOTION: That the Board of Selectmen transfer the following properties,
including any buildings located thereon, to the Lexington Housing Assistance
Board, Inc. for nominal consideration:
• 18 Banks Avenue, shown as the lot numbered 207 on the Town of Lexington
Assessor's Map ("Map")Number 13;
• 8 Bruce Road, shown as the lot numbered 1B on Map Number 14;
• 3 Edna Street, shown as the lot numbered 171 on Map Number 58;
• 15 Grandview Avenue, shown as the lots numbered 14D and 14E on Map
Number 51;
• 16 Philip Road, shown as the lot numbered 42B on Map Number 15;
• 6 Sedge Road, shown as the lot numbered 305B on Map Number 70;
• 31 Skyview Road, shown as the lot numbered 82 on Map Number 90;
• 3 Stedman Road, shown as the lot numbered 83A on Map Number 24; and
• 14 Woodland Road, shown as the lot numbered 122 on Map Number 63.
Mr. Derby explained the requested property transfer provides LexHab no additional
rights than if property were to remain in the Town of Lexington's name.
9:07 p.m. Richard Pagett reported the unanimous support of the Board of Selectmen.
9:08 p.m. MOTION DECLARED ADOPTED UNANIMOUSLY
ARTICLE 25: COMMUNITY ACCESS REVOLVING FUND
9:08 p.m. Selectman Jeanne Krieger.
MOTION: That the Town establish a revolving fund in Fiscal Year
2005 under section 53E1/2 of chapter 44 of the Massachusetts General
Laws for the purpose of funding local access public, educational and
governmental (PEG) programming; that the payments to the town under
its cable television licensing agreements shall be deposited into the
revolving fund for such purpose; that the Communications Advisory
Committee, with the approval of the Board of Selectmen, is authorized to
expend funds in the revolving fund for such purpose subject to annual
appropriation by Town Meeting; and that the total amount which may be
expended from the revolving fund in Fiscal Year 2005 shall not exceed
$400,000.
9:08 p.m. Timothy Counihan, 27 Percy Rd, made a brief presentation.
9:16 p.m. Jeanne Krieger explained the benefits of the motion and reported the
unanimous support of the Board of Selectmen.
9:17 p.m. Eric Michelson, pr.1, reported the unanimous support of the Appropriation
Committee.
Members questioned organizational structure, space and equipment needs,
and business plan development .
Adjourned Session of the 2004 Annual Town Meeting—April 7, 2004
9:22 p.m. Chairman Thomas Griffiths reported the unanimous support of the School
Committee.
Discussion ensued, addressing equipment donations, proposed legal
structure, and governing body, funding, and program offerings.
9:35 p.m. John Cunha, pr.8, explained he would be abstaining from voting on this
motion.
9:35 p.m. John Hayward, pr.5, moved the question should now be put. MOTION
ADOPTED. Mr. Counihan summarized.
9:37 p.m. MOTION DECLARED ADOPTED UNANIMOUSLY.
9:38 p.m. Selectman McKenna moved adjournment until Monday, April 12, 2004 at
8:00 p.m., Clarke Middle School. MOTION ADOPTED.
A true copy,
ATTEST:
Donna M. Hooper, Town Clerk
ADJOURNED SESSION OF THE 2004 ANNUAL TOWN MEETING
April 12, 2004
The fourth session of the 2004 Annual Town Meeting was called to order by Moderator
Margery M. Battin, at 8:00 p.m., at the Clarke Middle School, 17 Stedman Road. A
quorum of 175 members was present.
The Moderator declared a recess during which State Representative Jay R. Kaufman,
Superintendent of Schools Joanne Benton, and Lexington High School Principal Ernest
Van Seasholes recognized Lexington High School students being honored.
8:25 p.m. The Moderator called the meeting back to order.
ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
8:27 p.m. Jeanne Krieger moved the Report of the No Place for Hate Steering
Committee be Accepted and Placed on File. MOTION ADOPTED
Jill Smilow, 10 Fletcher Avenue, reported on the Steering Committee's activities.
Richard Pagett moved the Report of the 2020 Vision Committee be Accepted and Placed
on File. MOTION ADOPTED Jerome Smith, 8 Ryder Lane, presented a verbal report.
ARTICLE 11: ZONING BY-LAW, CENTER PARKING
8:38 p.m. Sheila Watson, 5 Patriots Dr., Lexington Center Committee.
MOTION: That the Code of the Town of Lexington, Zoning By-Law be
amended by inserting the following Zoning By-Law Section 135-70 in lieu of
existing Zoning By-Law Section 135-70:
§135-70 PARKING IN CB DISTRICT
Consistent with the goal of strengthening the Center Business District as a focal point of
commercial and cultural activity in the Town, in furtherance of the objectives set forth in
Section 135-62A, and in recognition of the close proximity of many different uses and a
unique combination of shared public and private parking and loading facilities in the
Center Business District, the Board of Appeals shall have the authority by special permit
to modify the off-street parking and loading requirements of Article XI in accordance
with and subject to the provisions of this Section 135-70.
D. Where two or more activities or uses provide for required parking or
loading in a common parking lot or loading area, the number of parking spaces
or loading bays required may be reduced below the sum of the spaces or bays
required for the separate activities or uses or if it can be demonstrated that the
hours, or days, of peak parking or loading need for the uses are so different that
a lower total will provide adequately for all uses or activities served by the
parking lot or loading bay. Upon finding that a proposed modification of off-
street parking or loading requirements will further objectives (1), (2) or(3)
below, and the applicant has agreed to undertake specific measures satisfactory
to the Board under (4) below, in the Center Business District the Board of
Appeals may grant a special permit modifying or reducing one or more of the
off-street parking and loading requirements of Article XI:
(1) the proposed special permit is consistent with the general objectives set forth
in Section 135-62A.
(2) the proposed use will have adequate parking and loading facilities considering
the combined public and private off-street parking and loading resources that
are available to serve the use.
(3) The hours or days of peak parking or loading that will be generated by the
proposed use will be sufficiently different from other uses in the same vicinity
such that available parking and loading facilities will be adequate for all uses
served by the parking lot or loading bay.
(4) The applicant has agreed to undertake specific measures to improve the
accessibility of the parking areas and enhance the connections between
parking, pedestrian pathways, bike paths, main streets, and main destinations
in such a way so as to improve the flow or safety of pedestrian or vehicular
traffic, the efficient sharing of existing parking spaces, and to contribute to
strengthening the overall sense of place that is Lexington Center. Such
measures may include, but are not limited to the following:
(a) The applicant has agreed to improve the signage, lighting or designation of
existing driveways, parking or loading facilities.
Adjourned Session of the 2004 Annual Town Meeting—April 12, 2004
(b) The applicant has agreed to improve the signage, lighting or designation of
existing pedestrian pathways, connections or walkways serving the
location.
(c) The applicant has agreed to add sidewalks, pedestrian pathways, or other
pedestrian connections, to or from existing or proposed parking facilities,
that will serve the location of the proposed use.
(d) The applicant has agreed to add sidewalks, pedestrian pathways, or other
pedestrian connections to or from the location of the proposed use.
(e) The applicant has agreed to make improvements to enhance emergency
access, snow removal, or storage and removal of trash.
(f) The applicant has agreed to make improvements to pedestrian or vehicular
traffic flow that will more efficiently utilize existing resources in a manner
that will improve visitor access, traffic safety, and the Town Center
experience as an attractive and vibrant destination.
(g) The applicant has agreed to make improvements that will substantially
contribute to a safe and attractive environment for pedestrians in the
Center Business District.
(h) The applicant has agreed to make a technical or in kind contribution to
improvements in public or other alternative transportation systems serving
the Center Business District.
Where the Board of Appeals has determined that the applicant for a special permit has
met the requirements of this subsection A, the Board of Appeals shall so find and may
attach such conditions and limitations as it deems necessary to ensure that such
requirements will be complied with. Without limiting the generality of foregoing, such
conditions and limitations attached to the special permit may include conditions and
limitations on hours of operation, scope of use, change of ownership, duration of the
special permit and maintenance of agreed upon improvements.
The provisions of this subsection A shall remain in effect until the expiration of three (3)
years from the date of enactment, provided that such expiration shall not affect the
continuing validity of any special permit (and any attached conditions or limitations)
theretofore approved pursuant to this subsection A.
E. LIMITATIONS.
1. no new off-street parking space, loading bay or driveway shall be permitted
for a depth of 30 feet from the street line of Massachusetts Avenue or of Waltham Street
within the Center Business District.
2. Required parking spaces may be provided on the same lot, or, if a special
permit under Section 135-69D is granted by the Board of Appeals, on another lot within
the CB District provided such facility is within 1200 feet walking distance of the entrance
of the building which such parking spaces are required to serve.
3. When there is a proposed change of use(s) within all or a part of a building
within a CB District and:
(a) the change of use(s) results in a reduction in the number of required
parking spaces under this Article XI as compared to the number of
required parking spaces required under this Article XI calculated on the
basis of the use(s) within the building immediately prior to the change,
then
(b) the number of required parking spaces calculated on the basis of the use(s)
within the building immediately prior to the change shall be calculated and
certified in writing by the building owner or a representative of the owner
to the town zoning officer and approved by the Town zoning officer; in
which case
(c) said higher number of certified parking spaces shall be attributed to said
building and available for use in connection with said building for
purposes of meeting the parking requirements under this Article XI
resulting from future changes in use(s) within said building.
F. NON-PREEMPTION. The provisions of this Section 135-70 shall be
construed as being cumulative and not in limitation of the provisions of Section
135-69.
Sheila Watson, Howard Levin, and Daphne Politis of the Lexington Center Committee
addressed the motion and spoke in support.
Jerald Michelson, pr.5, presented the minority report of the Lexington Center Committee.
Adjourned Session of the 2004 Annual Town Meeting—April 12, 2004
8:56 p.m. Wendy Manz, pr.9, moved the Planning Board Report on Article 11 be
Accepted and Placed on File. ADOPTED UNANIMOUSLY Ms. Manz reported the
unanimous support of the Planning Board.
9:02 p.m. Dawn McKenna reported the support of a majority (3-2)of the Board of
Selectmen.
Judith Uhrig reported the Board of Appeals had questions and concerns on the motion.
Members, citizens and business representatives, spoke in support and against the motion
and impact on restaurants operating in the center.
The Moderator called for a standing vote, tallied as follows:
Precinct Yes No
1 3 16
2 7 10
3 4 17
4 6 11
5 4 14
6 8 9
7 8 10
8 5 13
9 7 9
AL 3 7
TOTAL 55 116
9:33 p.m. With 55 voting in the affirmative and 116 in the negative,
MOTION DECLARED NOT ADOPTED.
9:33 p.m. Dawn McKenna served Notice of Reconsideration - Article 11.
ARTICLE 6: ZONING BY-LAW, COMMON AND USABLE OPEN SPACE IN
RESIDENTIAL DEVELOPMENTS
9:37 p.m. Anthony Galaitsis, pr.6.
MOTION: That this article be indefinitely postponed.
ADOPTED UNANIMOUSLY
9:39 p.m. Andrew Friedlich, pr.5, moved Article 42 be taken up.
ADOPTED UNANIMOUSLY
ARTICLE 42: PATRIOT ACT RESOLUTION
9:40 p.m. Andrew Friedlich, pr.5.
MOTION: That the following resolution be adopted:
WHEREAS the Town of Lexington regards the liberties secured by our forefathers'
sacrifices in this Birthplace of American Liberty and guaranteed in the Constitution and
the Bill of Rights to be among the most sacred and honored foundations of our country
and character, which we are committed to protect;
WHEREAS the Town of Lexington has a long and distinguished history of welcoming
and supporting a diverse population, including a significant minority of non-citizens and
foreign born residents;
WHEREAS the United States Constitution guarantees Americans certain fundamental
rights, including freedom of religion, speech, assembly and privacy; protection from
unreasonable searches and seizures; due process and equal protection; and access to
counsel, presumption of innocence and a fair, speedy, public trial;
WHEREAS certain federal policies adopted since September 11, 2001 including
provisions in the USA PATRIOT Act (Public Law 107-56) and related executive orders,
regulations and actions threaten fundamental rights and liberties by:
2. authorizing the indefinite incarceration of non-citizens upon suspicion and the
indefinite incarceration of citizens designated by the President as "enemy
combatants" without access to counsel or meaningful recourse to the federal courts;
3. limiting traditional judicial oversight of search and seizure in order to expand
authority of federal agents to conduct secret"sneak and peak" searches in which the
subject is never aware his property or records have been searched, and granting
agents broad access to personal medical, financial, library, bookstore and education
records without any presentation to a judge of suspicion of a crime
4. burdening local police with potential responsibilities for enforcement of federal
immigration law;
Adjourned Session of the 2004 Annual Town Meeting—April 12, 2004
THEREFORE, BE IT RESOLVED that the Town of Lexington affirms that the rights of
all people within the Town should be protected by the Bill of Rights and the Fourteenth
Amendment of the U. S. Constitution; and
AFFIRMS its strong opposition to terrorism, and that efforts to end terrorism should not
be waged at the expense of the fundamental civil rights and liberties that are at the core of
our national character and constitution.
AFFIRMS its opposition to those federal measures contained in the USA PATRIOT Act
that infringe on constitutionally guaranteed rights and civil liberties.
IT IS HEREBY FURTHER RESOLVED that Lexington Town Meeting:
1. Request that the Board of Selectmen require the Town Manager to direct the Police
Department to:
a) maintain its present practice of not enforcing immigration matters, which are the
responsibility of the Department of Homeland Security, and not deny any town
service on the basis of citizenship, and
b) maintain its present practice of not engaging in the surveillance of individuals and
groups of individuals based on their participation in activities protected by the
First Amendment, and
c) maintain its present practice of not utilizing racial profiling or religious profiling
as factors in selecting which individuals are subject to investigatory activities
except when used as part of the description of a specific suspect, and
d) refrain from acting with federal or state law enforcement officers to collect or
maintain information about the political, religious or social views, associations or
activities of any individual, group, association, organization, corporation, business
or partnership, unless such information directly relates to an investigation of
criminal activities, and
e) report to the Board of Selectmen any request by federal authorities that, if
granted, would cause agencies of the Town of Lexington to exercise or cooperate
in the exercise of powers in apparent violation of any town ordinance or the laws
or Constitution of this Commonwealth or of the United States;
2. Request that the Library Trustees direct the librarians within the Town of Lexington
to:
Post within each library a notice to library users as follows: "WARNING: Under
Section 215 of the federal USA PATRIOT Act (Public Law 107-56), records of the
books and other materials you borrow from this library may be obtained by federal
agents. That federal law prohibits librarians from informing you if records about you
have been obtained by federal agents. Questions about this policy should be directed
to: Attorney General John Ashcroft, Department of Justice, Washington, DC 20530;"
and to affirm Cary Library's compliance with resolutions adopted by the American
Library Association and the Massachusetts Library Association in response to the
USA Patriot Act to protect the privacy of library patron records by a policy that
affirms "the collection of personally identifiable information should only be a matter
of routine or policy when necessary for the fulfillment of the mission of the library;"
3. Request the School Committee to direct the Superintendent of Schools to:
Provide notice to individuals whose education records have been obtained by law
enforcement agents pursuant to section 507 or 508 of the USA PATRIOT Act;
4. Direct the Town Clerk to:
a) transmit a copy of this resolution to our elected federal officials
Senators Edward Kennedy and John Kerry and Representative Edward
Markey accompanied by a letter urging them to:
• monitor federal anti-terrorism tactics and work to repeal provisions of the
USA PATRIOT Act and other laws and regulations which infringe on
fundamental civil rights and liberties
• ensure that provisions of the USA PATRIOT Act"sunset" in accordance with
the provisions of the Act
• take a lead in congressional action to prohibit passage of future laws that
weaken constitutional protections in the name of security;
b) transmit a copy of this resolution to Governor Mitt Romney and
appropriate members of the State Legislature accompanied by a letter
urging them to ensure that state anti-terrorism laws and policies be
implemented in a manner that does not infringe on civil liberties and to
take such further action as may be necessary to oppose the USA
PATRIOT ACT;
Adjourned Session of the 2004 Annual Town Meeting—April 12, 2004
c) transmit a copy of this resolution to President Bush and Attorney
General Ashcroft;
AND BE IT FURTHER RESOLVED that the provisions of this Resolution shall be
severable, and if any phrase, clause, sentence, or provision of this Resolution is declared
by a court of competent jurisdiction to be contrary to the Constitution of the United States
or of the Commonwealth of Massachusetts or the applicability thereof to any agency,
person, or circumstances is held invalid, the validity of the remainder of this Resolution
and the applicability thereof to any other agency, person or circumstances shall not be
affected thereby.
9:41 p.m. Mr. John T. Sackton, 8 White Pine Ln, and Ms. Carol Rose, Executive
Director of the Massachusetts chapter of the ACLU further explained the motion.
9:50 p.m. Dawn McKenna reported opposition by a majority of the Board of
Selectmen (3-2). Selectman Jeanne Krieger presented the Selectmen's minority report.
Members spoke in support and in opposition and questioned the implementation of the
resolution.
10:16 p.m. Bernice Fallick, pr.6 moved the question now be put. MOTION
ADOPTED.
The Moderator called for a standing vote, tallied as follows:
Precinct Yes No
1 8 11
2 11 7
3 17 4
4 16 1
5 12 6
6 14 2
7 17 0
8 15 3
9 13 3
AL 7 3
TOTAL 130 40
10:29 p.m. With 130 voting in the affirmative and 40 in the negative,
MOTION DECLARED ADOPTED.
ARTICLE 41: LONG RANGE PLANNING COMMITTEE
10:30 p.m. Ephraim Weiss, pr.5.
MOTION: That a Long Range Planning Study Committee (LRPSC) be
formed, consisting of five members, one each appointed by the Moderator, the
Board of Selectmen, the School Committee, the Appropriation Committee and the
Capital Expenditures Committee.
The LRPSC shall consider how to institutionalize long range planning (over a period
of at least five to ten years) in Lexington, and recommend how to provide for the
incorporation of such long range planning into local government operations.
The LPRSC shall strive to identify specific initiatives that will yield long-term
benefits for Lexington (overall cost savings, better quality services delivered to the
citizens, improved ability to achieve town priorities).
The LRPSC shall also consider the establishment of a Strategic Audit Committee to
examine the current operations of our local government and to identify and facilitate
improvements to the way we do business, with the purpose of delivering municipal
and school services in the most cost-effective manner possible.
The LRPSC shall recommend concrete steps to implement its recommendations.
The LRPSC may provide progress reports to the appointing committees and to the
Town Meeting, and shall issue a final report no later than one month prior to the
opening of the 2005 Annual Town Meeting.
Adjourned Session of the 2004 Annual Town Meeting—April 12, 2004
10:34 p.m. Peter Kelley reported the unanimous support of the Board of Selectmen.
Alan Levine reported the Appropriation Committee had no formal
recommendation.
John Rosenberg reported the opposition of the Capital Expenditures
Committee.
Thomas Griffiths reported the support of a majority of the School
Committee (3-2).
Members questioned the need, membership appointment process, and perceived creation
of 2 concurrent parallel processes. Members spoke in support and opposition.
The Moderator called for a standing vote, tallied as follows:
Precinct Yes No
1 8 2
2 6 7
3 8 10
4 4 12
5 12 4
6 8 9
7 6 10
8 3 12
9 7 9
AL 8 1
TOTAL 70 76
10:49 p.m. With 70 voting in the affirmative and 76 in the negative,
MOTION DECLARED NOT ADOPTED.
10:53 p.m. Charles Lamb, pr.4, served Notice of Reconsideration—Article 41.
10:54 p.m. Selectman Dawn McKenna moved adjournment until Wednesday evening,
April 14, 2004 at 8:00 p.m., Clarke Middle School. MOTION ADOPTED.
A true copy,
ATTEST:
Donna M. Hooper, Town Clerk
ADJOURNED SESSION OF THE 2004 ANNUAL TOWN MEETING
April 14, 2004
The fifth session of the 2004 Annual Town Meeting was called to order by Moderator
Margery M. Battin, at 8:00 p.m., at the Clarke Middle School, 17 Stedman Road. A
quorum of 154 members was present.
ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
8:00 p.m. Selectman Dawn McKenna moved the Report of the Tourism Committee
be Accepted and Placed on File. MOTION UNANIMOUSLY ADOPTED
Kerry Brandin, 16 Franklin Rd, reported on the Committee's activities.
8:08 p.m. Dan Fenn, pr.3, reported on the upcoming broadcast on `Patriots Day' by
the PBS, Channel 2, on April 19tH
8:09 p.m. Selectman Peter Kelley moved ARTICLE 17 be taken up.
ADOPTED UNANIMOUSLY
ARTICLE 17: SUPPLEMENTARY APPROPRIATIONS FOR
AUTHORIZED CAPITAL IMPROVEMENT PROJECTS
8:10 p.m. Selectman Peter Kelley.
MOTION: That $345,000 is appropriated for the purpose of acquiring a
pumper truck for the Fire Department; and that to raise this appropriation, the
Treasurer, with the approval of the Board of Selectmen is authorized to borrow
$345,000 under G.L. c. 44, §7(9) or any other enabling authority.
Shirley Stolz, pr.8, reported unanimous support -Capital Expenditures Committee.
Sheldon Spector, pr.6, reported unanimous support - Appropriation Committee.
8:14 p.m. Following voice vote, DECLARED UNANIMOUSLY ADOPTED.
8:14 p.m. George Burnell, pr.7, served Notice of Reconsideration—Article 17.
8:15 p.m. Selectman Jeanne Krieger moved Article 19 be taken up. MOTION
ADOPTED
ARTICLE 19: WATER DISTRIBUTION IMPROVEMENT
8:15 p.m. Selectman Jeanne Krieger.
MOTION: That the Selectmen are authorized to install new or replacement
water mains and line and reline water mains in such accepted or
unaccepted streets or other land as the Selectmen may determine, subject
to the assessment of betterments or otherwise, and to take by eminent
domain, purchase or otherwise acquire any fee, easement or other interest
in land necessary therefor; to appropriate $850,000 for such installation
and lining and land acquisition; and that to raise this appropriation
$400,000 be transferred from the Water Enterprise Fund and that the
Treasurer with approval of the Board of Selectmen is authorized to borrow
$450,000 under G.L. c. 44, § 8 or any other enabling authority, all or a
portion of which borrowing may be from the Massachusetts Water
Resources Authority ("MWRA") and in connection therewith to enter into
a loan agreement and/or security agreement with the MWRA with respect
to such loan.
Narain Bhatia, pr.9, reported the unanimous support of the Capital Expenditures
Committee.
Karen Dooks, pr.2, reported unanimous support of the Appropriation Committee.
8:16 p.m. Members questioned repairs and coordination with street resurfacing.
8:19 p.m. Following a voice vote, MOTION DECLARED ADOPTED by
more than required TWO-THIRDS.
8:20 p.m. George Burnell, pr.7, served Notice of Reconsideration—Article 19.
8:20 p.m. Hank Manz, pr.9, moved the meeting recess and reconvene at 10:15 p.m.
to allow the Town Meeting Members Association to conduct information meeting on the
2005 municipal budget. ADOPTED UNANIMOUSLY.
Adjourned Session of the 2004 Annual Town Meeting—April 14, 2004
10:05 p.m. Meeting called to order; Richard Pagett moved Article 20 be taken up.
ADOPTED UNANIMOUSLY.
ARTICLE 20: SANITARY SEWER IMPROVEMENTS
10:05 p.m. Selectman Richard Pagett.
MOTION: That the Selectmen are authorized to install sewer mains and
sewerage systems and replacements thereof 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,
and acts in addition thereto and amendment thereof, 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$600,000 and to raise such amount $600,000 be transferred from the
Sewer Enterprise Fund; and to authorize the Selectmen to apply for, accept,
expend and borrow in anticipation of federal and state aid for such sewer projects.
10:05 p.m. Richard Pagett reported the unanimous support of the Board of Selectmen.
Narain Bhatia, pr.9, reported the unanimous support of the Capital
Expenditures Committee. Karen Dooks, pr.2, reported the unanimous
support of the Appropriation Committee.
10:08 p.m. Members questioned septage hauler practices and catch basin cleaning
costs.
10:13 p.m. MOTION DECLARED ADOPTED UNANIMOUSLY
10:13 p.m. George Burnell, pr.7, served Notice of Reconsideration—Article 20.
ARICLE 33: REMOVAL AND INSTALLATION OF UTILITY POLES
10:13 p.m. Paul Chernick, pr.6.
MOTION: That the following resolution be adopted:
Whereas the owners of utility poles in Lexington have long been in violation
of their legal responsibilities under Section 34B of Chapter 164 of the
General Laws to remove double poles in a timely manner, and
Whereas no adequate legal mechanism exists to compel compliance with
Section 34B of Chapter 164, or to compensate communities for the violation
of said statute, and
Whereas the owners of utility poles in Lexington have failed to respond
adequately to the Town's efforts to encourage voluntary compliance with
Section 34B of Chapter 164, and
Whereas the Town of Bedford has enacted a Bylaw that would fine the pole
owners for such violations, therefore be it resolved that:
Town Meeting urges the Selectmen to support Bedford, and encourage
other municipalities to do so, in its on-going litigation concerning the
implementation of its double-pole Bylaw, and
Town Meeting urges its representatives in the Great and General Court
to introduce and support legislation to affirm the right of municipalities
to enforce Section 34B of Chapter 164, and
Town Meeting hereby memorializes its intention to enact a Bylaw
substantially similar to that of Bedford, at the first Town Meeting
following the resolution of the pending litigation, and
Town Meeting requests the Town Clerk to transmit a copy of this
resolution to each of Lexington's representatives in the Great and
General Court and to the Selectmen of the Town of Bedford.
10:21 p.m. William Kennedy reported the support of a majority of the Board of
Selectmen (4-1).
10:22 p.m. MOTION DECLARED ADOPTED.
10:23 p.m. Selectman Dawn McKenna moved adjournment until Monday,
April 26, 2004 at 8:00 p.m., Clarke Middle School. MOTION ADOPTED
A true copy,
ATTEST:
Donna M. Hooper, Town Clerk
ADJOURNED SESSION OF THE 2004 ANNUAL TOWN MEETING
April 26, 2004
The sixth session of the 2004 Annual Town Meeting was called to order by Moderator
Margery M. Battin, at 8:00 p.m., at the Clarke Middle School, 17 Stedman Road. A
quorum of 168 members was present.
A moment of silence was held in honor of the recent passing of Joyce Hals.
ARTICLE 2:REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
8:10 p.m. Selectman Dawn McKenna moved the Report of the Town Manager be
Accepted and Placed on file. UNANIMOUSLY ADOPTED.
Town Manager Richard J. White reported.
8:30 p.m. Deborah Brown, pr.7, moved the Report of the Appropriation Committee
(including the April 13th and April 26t addenda) be Accepted and Placed
on File. UNANIMOUSLY ADOPTED
Deborah Brown presented the Committee's report, and possible FY2005
proposition 2 1/2 override of$4.24M.
9:00 p.m. Edmund Grant, pr.6, moved Article 13 then Article 12 be taken up in that
order as the first order of business on Wednesday, May 12th
UNANIMOUSLY ADOPTED
ARTICLE 14: OPERATING BUDGET
9:00 p.m. Selectman Dawn McKenna.
MOTION: That the following amounts be appropriated for the ensuing
fiscal year and be raised in the tax levy except where a transfer is indicated
they shall be provided by such a transfer:
9:02 p.m. Superintendent Joanne Benton presented the requested funding for the
Lexington Public Schools. School Committee Chairman Thomas Griffiths
followed up and acknowledged Mrs. Benton's contributions as
Superintendent for the Lexington Public Schools as this would be Mrs.
Benton's last town meeting.
Discussion followed, and members questioned school technology grant
requests, the hiring of new teachers, 2003 student enrollment and
enrollment driven budget increases.
Education
1100 Lexington Public Schools $66,357,468
(Provided, however,that$3,271,485 of the appropriation is contingent upon the
approval of an override question appearing on the ballot for a 2004 special
election.)
(And further that the School Department is authorized to enter into equipment
lease/purchase agreements from time to time provided that each such agreement
is subject to annual appropriations.)
9:37 p.m. Minuteman School Committee representative,Marjorie Daggett,pr.5,
explained requested FY05 funding for the Minuteman Regional School.
1200 Minuteman Regional School $928,474
Employee Benefits
2110 Contributory Retirement $3,015,532
(Of which$65,762 is to be transferred from the Water Enterprise Fund and
$16,441 is to be transferred from the Sewer Enterprise Fund.)
2120 Non-Contributory Retirement $85,000
2130-2150 Insurance $4,804,653
(Of which$91,388 is to be transferred from the Water Enterprise Fund, $52,888 is to be transferred
from the Sewer Enterprise Fund and$22,000 is to be transferred from the Recreation Enterprise Fund.)
(and further that amounts appropriated in this article for employee health and life insurance shall be
transferred to this account to fund cost items(a)included in collective bargaining agreements reached
between the Town and employee organizations and(b)resulting from such agreements as they bear on
the Town employee compensation plan.)
Adjourned Session of the 2004 Annual Town Meeting—April 26, 2004
Debt Service
2210 Payment on Funded Debt $3,441,000
(Of which$260,000 is to be transferred from receipts reserved for
appropriation.)
2220 Interest on Funded Debt $553,670
(Of which$5,200 is to be transferred from receipts reserved for
appropriation.)
2230 Temporary Borrowing $242,512
2240 Exempt Debt $6,363,045
(Of which$937,960 is to be transferred from receipts reserved for appropriation
and$100,000 is to be transferred from the Recreation Enterprise Fund.)
Operating Articles
2310 Reserve Fund $150,000
2320 Municipal Salary Adjustments $50,000
(Such sum of$50,000 is appropriated to fund cost items as necessary for step
raises for municipal employees. The amount voted is to be distributed among
personal services accounts as authorized by the Town Manager with the approval
of the Board of Selectmen.)
(Of which$2,029 is to be transferred from the Water Enterprise Fund and$1,791
is to be transferred from the Sewer Enterprise Fund.)
Organizational Expenses
2400 Municipal Services &Expenses Personal Services $33,976
2400 Municipal Services &Expenses $102,400
9:48 p.m. Selectman Dawn McKenna explained transfer of stipend for Battle
Green Guide from line item 2400 to line item 7300.
Community Services
3100- DPW Personal Services $2,801,758
3500 (Of which$262,613 is to be transferred from the Water Enterprise Fund,
$262,613 is to be transferred from the Sewer Enterprise Fund, $100,000 is to be
transferred from the Cemetery Trust Funds and$75,000 is to be transferred from
the Recreation Enterprise Fund.)
(Provided, however,that$40,000 of the appropriation is contingent upon the
approval of an override question appearing on the ballot for a 2004 special
election.)
3100- DPW General Expenses $4,020,096
3500 (Of which$191,000 is to be transferred from the Water Enterprise Fund,
$191,000 is to be transferred from the Sewer Enterprise Fund, and$88,626 is to
be transferred from the Parking Meter Fund; and provided further that the Town
Manager may enter into an agreement or agreements with one or more
governmental units to perform jointly with such units any service, activity or
undertaking authorized by law.)
(Provided, however,that$154,693 of the appropriation is contingent upon the
approval of an override question appearing on the ballot for a 2004 special
election.)
(And further that the Town Manager is authorized to enter into communications
equipment agreements, equipment lease/purchase agreements from time to time provided
that each such agreement is subject to annual appropriations.)
(And in addition that up to $95,000 of expenses for the purchase of burial containers and
composting/recycling products to be funded by the receipts of$95,000 in anticipated
revenues to the DPW Revolving Account and that the Town Manager is authorized to
expend such funds and further that the surplus from FY2003 in the amount of$18,665
may be closed to the General Fund.)
(And in addition State/Federal Grants, site generated revenue and/or refuse stabilization
funds as permitted under existing agreements may be used to meet Division of
Environmental Protection guidelines at the Hartwell Avenue landfill site.)
(And to permit the Town to enter into agreements with either private or public entities in
order to enhance public services, increase revenue, improve efficiency, or save money to
the benefit of the Town.)
9:56 p.m. Charles Hornig,pr.8, spoke in support of the Environmental Services
Superintendent position and explained the purpose of impending
amendment.
Adjourned Session of the 2004 Annual Town Meeting—April 26, 2004
10:01 p.m. Charles Hornig, pr.8, moved the following amendment:
MOTION: That the following be substituted for the 4th paragraph under line
item `3100-3500 DPW General Expenses':
(And in addition that up to $165,000 of expenses for the purchase of burial
containers and composting/recycling products and for related personal services
including the fringe benefits of the full time employee to be funded by the receipt
of$165,000 in anticipated revenues to the DPW Revolving Account and that the
Town Manager is authorized to expend such funds and further that the surplus
from FY2003 in the amount of$18,665 may be closed to the General Fund.)
Dawn McKenna reported opposition by a majority of the Board of Selectmen (3-2).
Selectman Jeanne Krieger, on behalf of Ms. Krieger and Mr. Kennedy,presented the
minority report of the Board of Selectmen in support ofMr. Hornig's amendment.
Alan Levine reported the majority of the Appropriation Committee (5-3) supports Mr.
Hornig's amendment. Eric Michelson presented the minority report of the Appropriation
Committee.
Members questioned the intent of the amendment, spoke in support of and against the
amendment, summarized environmental services accomplishments and issues.
10:23 p.m. Diane Carr, 255 Emerson Rd, and Board Member of Citizens for
Lexington Conservation, urged support of the amendment.
10:25 p.m. Selectman Peter Kelley spoke in opposition.
Discussion ensued with members speaking in support, questioning revenues generated,
and reiterating the motion's benefits.
10:33 p.m. The Moderator called for a standing vote on the Hornig amendment,
tallied as follows:
Precinct Yes No
1 9 6
2 12 4
3 17 2
4 16 2
5 9 7
6 12 4
7 11 5
8 13 2
9 16 1
AL 6 5
TOTAL 121 38
10:37 p.m. With 121 voting in the affirmative and 38 in the negative,
AMENDMENT DECLARED ADOPTED.
10:38 p.m. Thomas Griffiths addressed previous questions and issues regarding the
school budget and reviewed contractual obligations.
10:40 p.m. Richard Michelson, pr.8, questioned the accounting process for transfer of
parking meter funds. Town Manager Richard J. White responded.
10:42 p.m. Selectman McKenna moved adjournment until 8:00 p.m., Wednesday,
April 28, 2004, Clarke Middle School. MOTION ADOPTED.
A true copy,
ATTEST:
Donna M. Hooper, Town Clerk
ADJOURNED SESSION OF THE 2004 ANNUAL TOWN MEETING
April 28, 2004
The seventh session of the 2004 Annual Town Meeting was called to order by Moderator
Margery M. Battin, at 8:00 p.m., at the Clarke Middle School, 17 Stedman Road. A
quorum of 163 members was present.
A recess was declared for presentation of Michael Wagner Educational Technology and
School Diversity awards by Superintendent Joanne Benton, staff, and Wagner family
members. Superintendent Benton was herself presented a lifetime achievement award to
recognize her role in promoting diversity within the educational system of Lexington.
8:20 p.m. Moderator Margery Battin called the meeting back to order and
acknowledged the many contributions of S. Lawrence Whipple upon his retirement as
Director of Battle Green Guides.
ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
8:22 p.m. Selectman William Kennedy moved the Report of the Cary Library
Trustees be Accepted and Placed on File. ADOPTED
UNANIMOUSLY. Library Director Carol Mahoney reported on behalf
of the Trustees and summarized the progress culminating in the library's
recent renovation and reopening on April 20th
Sandra Shaw moved the 2004 Report of the Recreation Committee be
Accepted and Placed on file. MOTION UNANIMOUSLY ADOPTED.
Ms. Shaw summarized the Committee's initiatives.
8:32 p.m. Chairman George Burnell moved the Report of the Capital Expenditures
Committee be Accepted and Placed on File. ADOPTED
UNANIMOUSLY Mr. Burnell outlined capital and financial issues
confronting the community.
8:50 p.m. The Meeting continued discussion of the Operating Budget.
ARTICLE 14: OPERATING BUDGET
8:50 p.m. Selectman Dawn McKenna moved the following AMENDMENT to
Article 14, line items 3100-3500, explaining the amendment to be a
housekeeping matter:
MOTION: I move that Article 14, Line Item 3100-3500 DPW Personal Services and
3100-3500 DPW General Expenses be amended as follows:
Community Services
3100- DPW Personal Services $2,801,758
3500 Add the following to the end of the first paragraph under 3100-3500 DPW
Personal Services: "and$42,647 is to be transferred from the Parking Meter
Fund."
3100- DPW General Expenses $4,020,096
Change the following in the first paragraph"and$88,626 is to be transferred
from the Parking Meter Fund;"to read"and$45,979 is to be transferred from the
Parking Meter Fund."
8:50 p.m. AMENDMENT ADOPTED UNANIMOUSLY.
8:54 p.m. School Committee Chairman Thomas Griffiths spoke on some supporting
documents pertaining to line item 1100—Lexington Public Schools.
3600 Transportation Personal Services $65,184
(Provided, however,that$45,184 of the appropriation is contingent upon the
approval of an override question appearing on the ballot for a 2004 special
election.)
3600 Transportation Expenses $225,844
(Provided, however,that$167,844 of the appropriation is contingent upon the
approval of an override question appearing on the ballot for a 2004 special
election.)
Adjourned Session of the 2004 Annual Town Meeting—April 28, 2004
8:54 p.m. Members questioned the Transportation Advisory Committee on
minimum services and funding needs.
3700 Water Department $5,717,042
(And that to raise such amount$5,717,042 be transferred from the Water Enterprise
Fund.)
3800 Sewer Department $7,383,253
(And that to raise such amount$7,383,253 be transferred from the Sewer
Enterprise Fund.)
Public Safety
4100 Law Enforcement Personal Services $3,855,631
(Of which$164,374 is to be transferred from the Parking Meter Fund.)
(Provided, however,that$69,671 of the appropriation is contingent upon the
approval of an override question appearing on the ballot for a 2004 special
election.)
4100 Law Enforcement Expenses $415,140
(Of which$22,000 is to be transferred from the Parking Meter Fund.)
(Provided, however,that$26,411 of the appropriation is contingent upon the approval of
an override question appearing on the ballot for a 2004 special election.)
4200 Fire Department Personal Services $3,571,007
4200 Fire Department Expenses $432,289
(Provided, however,that$19,317 of the appropriation is contingent upon the
approval of an override question appearing on the ballot for a 2004 special
election.)
Culture and Recreation
5100 Library Personal Services $1,400,313
(Provided, however,that$191,730 of the appropriation is contingent upon the
approval of an override question appearing on the ballot for a 2004 special
election.)
5100 Library Expenses $276,859
9:08 p.m. Members commented on proposed funding for line item and needs
to meet the library's state certification.
5200 Recreation Department $1,417,355
(And to raise such amount$1,417,355 be transferred from the Recreation
Enterprise Fund.)
Social Services
6000 Social Services Personal Services $207,463
(Provided, however,that$45,000 of the appropriation is contingent upon the
approval of an override question appearing on the ballot for a 2004 special
election.)
6000 Social Services Expenses $206,252
(Provided, however,that$46,033 of the appropriation is contingent upon the
approval of an override question appearing on the ballot for a 2004 special
election.)
9:12 p.m. Council on Aging Chair Marion Cohen moved line items 6000 and 8100 be taken up
together. MOTION ADOPTED. Ms. Cohen explained the intent of the Council to seek
inclusion of the Adult Day Care program in the base budget.
9:17 p.m. Marion Cohen moved the following AMENDMENT:
MOTION: Line Item 6000 Social Services Expenses be amended to read as follows:
6000 Social Services Expenses $190,219
(And in addition that a revised fee structure for the Social Services Adult Day Care
Program be approved by the Board of Selectmen before June 1, 2004 in order to generate
an additional$16,033.)
and
Line Item 8110 Board of Selectmen Administration Personal Services be amended by
adding the following parenthetical clause:
(Provided, however,that$16,000 of the appropriation is contingent upon the approval of
an override question appearing on the ballot for a 2004 special election.)
and
Line Item 8110 Board of Selectmen Administration Expenses be amended by adding the
following parenthetical clause:
(Provided, however,that$14,000 of the appropriation is contingent upon the approval of
an override question appearing on the ballot for a 2004 special election.)
Adjourned Session of the 2004 Annual Town Meeting—April 28, 2004
Dawn McKenna reported a majority of the Board of Selectmen opposes the amendment(3-2)
and spoke in opposition.
William Kennedy presented the minority report of the Board of Selectmen on behalf of
Selectman Jeanne Krieger and himself.
Council on Aging member Leo McSweeney, 135 Lincoln St, spoke in support.
Selectman Richard Pagett spoke in opposition.
Members questioned Social Services Director Lauren MacNeil on alternative day care options
within the community, daily rates, and costs for the town to provide services.
Following a video from program participants, members spoke in support and opposition and
further questioned program costs, revenue generated, and provision of services.
9:41 p.m. David Harris,pr.4, moved debate be extended 10 minutes. MOTION ADOPTED.
Members continued debate on alternative services and day care options available within
the community, speaking in support and in opposition.
9:50 p.m. Edith Sandy moved a call of the roll be taken when voted. MOTION NOT ADOPTED.
9:54 p.m. The Moderator called a recess for the Appropriation Committee to caucus.
10:00 p.m. The meeting was called to order and Chairman Deborah Brown reported the unanimous support
of the Appropriation Committee and urged the Selectmen to increase fees for the day care
program.
10:02 p.m. The Moderator called for a standing vote on the Cohen amendment,
tallied as follows:
Precinct Yes No
1 17 0
2 14 0
3 16 0
4 16 1
5 13 4
6 14 1
7 15 0
8 15 2
9 15 0
AL 13 3
TOTAL 148 11
10:07 p.m. With 148 voting in the affirmative and 11 in the negative,
AMENDMENT DECLARED ADOPTED.
Community Development
7100 Community Development Personal Services $576,477
(Provided, however,that$38,044 of the appropriation is contingent upon the
approval of an override question appearing on the ballot for a 2004 special
election.)
7100 Community Development Expenses $58,360
(Provided, however,that$20,000 of the appropriation is contingent upon the
approval of an override question appearing on the ballot for a 2004 special
election.)
7200 Planning Personal Services $184,497
(Provided, however,that$17,361 of the appropriation is contingent upon the
approval of an override question appearing on the ballot for a 2004 special
election.)
7200 Planning Expenses $8,450
10:10 p.m. Ephraim Weiss,pr.5, questioned planning fees and services provided.
7300 Economic Development Personal Services $0
(And in addition authorize the establishment of a revolving fund, under section
53E'/2 of Chapter 44 of the General Laws, Liberty Ride Revolving Fund, and
further authorize the Town Manager to expend up to $198,994 to administer the
Liberty Ride Program to be funded from fares and other revenues received from
the operation of the Program, however, private donations for the Liberty Ride
Program shall continue to be accepted and applied by the Board of Selectmen
and shall not constitute receipts of the revolving fund established by this vote.)
7300 Economic Development Expenses $0
Adjourned Session of the 2004 Annual Town Meeting—April 28, 2004
10:15 p.m. Selectman Dawn McKenna explained the need for an amendment to line item 7300
due to coverage of Battle Green Guide costs to this account. Chairman Deborah Brown
reported the unanimous support of the Appropriation Committee. Dawn McKenna moved
the following amendment:
MOTION: I move that Article 14, Line Item 7300 Economic Development Personal
Services, be amended by replacing the appropriated amount from$0 to $6,000 and further
amending the cap on expenditures authorized from the Liberty Ride Revolving Fund from
$198,994 to $192,994.
Paul Lapointe,pr.2, questioned if the Liberty Ride is self-sustaining and if the ride
should be included in the town's budget or might appropriately be funded from
other sources. Selectman McKenna explained funding for the service. Mr. Lapointe
encouraged the appropriate source of funding the Liberty Ride be reviewed over the
upcoming year.
10:18 p.m. AMENDMENT ADOPTED.
10:19 p.m. Members proceeded to question Liberty Ride funding sources, language of the
motion and use of the Selectmen's Gift Account, and assurance of the gift account continuation so
the Ride would not be an expense to the town.
Town Manager Richard White reported anticipated fees to be generated will reside in the
fund and be used to pay for the service, and will include support from the Chamber of
Commerce and others. Mr. White explained the Committee had a business plan, that the
revolving account is a sign the service is to be self-paying, and should a deficit arise it
would have to be addressed.
Appropriation Committee member Paul Hamburger summarized projected revenue and
expenses. Members inquired about funding from the Town of Concord. Selectman
Dawn McKenna expressed hopes that Concord would approve extending the ride into
Concord as of July ft and that no contributions would be coming from Concord but the
Committee had requested permission to solicit contributions from businesses in Concord.
Tourism Committee member Richard Canale presented preliminary FY05 budget figures.
Tom Fenn,pr.9,further commented on funding the operation and expressed his concern..
Town Manager Richard White explained the operation of a revolving account.
Members further questioned increase in costs with questionable funding guarantees,
guarantee of revenue neutrality, Selectmen authority to appropriate funds without town
meeting, and ability to take funds from the town's treasury without authorization.
Selectman Dawn McKenna explained the intent for revenue neutrality.
Rod Cole,pr.9, questioned Ride expansion and appropriation of funds should a deficit be
incurred.. Town Manager Richard White explained funds could not be appropriated.
General Government
8110 Board of Selectmen Administration Personal Services $61,983
(Of which$2,356 is to be transferred from the Water Enterprise Fund and$2,357
is to be transferred from the Sewer Enterprise Fund.)
8110 Board of Selectmen Administration Expenses $69,150
8120 Legal Fees &Expenses $225,000
8130 Town Report $6,000
8200 Town Manager Personal Services $352,103
(Of which$34,558 is to be transferred from the Water Enterprise Fund and
$34,559 is to be transferred from the Sewer Enterprise Fund.)
(Provided, however,that$25,000 of the appropriation is contingent upon the
approval of an override question appearing on the ballot for a 2004 special
election.)
8200 Town Manager Expenses $14,667
Town Committees
8310 Appropriation Committee Expenses $1,000
8320 Miscellaneous Boards &Committees Expenses $8,755
8330 Public Celebrations $25,000
Finance
8400 Finance Personal Services $658,902
(Of which$159,356 is to be transferred from the Water Enterprise Fund and
$159,356 is to be transferred from the Sewer Enterprise Fund.)
8400 Finance Expenses $221,700
(And further that the Treasurer and Collector is hereby authorized to enter
into compensating balance agreements during fiscal years 2005, 2006 and
2007, as permitted by General Laws Chapter 44, Section 53F.)
Adjourned Session of the 2004 Annual Town Meeting—April 28, 2004
10:44 p.m. Members proceeded to pose questions on line item 8400, Cary Library funding,
water and sewer enterprise funding sources, Selectmen support for an override of proposition 2
1/2, and line item 8500.
Town Clerk
8500 Town Clerk Personal Services $190,686
(Provided, however,that$12,600 of the appropriation is contingent upon the
approval of an override question appearing on the ballot for a 2004 special
election.)
8500 Town Clerk Expenses $59,125
Management Information Systems
8600 MIS Personal Services $165,065
(Of which$28,064 is to be transferred from the Water Enterprise Fund and
$28,064 is to be transferred from the Sewer Enterprise Fund.)
8600 MIS Expenses $190,900
(Provided, however,that$50,000 of the appropriation is contingent upon the
approval of an override question appearing on the ballot for a 2004 special
election.)
10:51 p.m. Patrick Mehr, pr.3, moved:
MOTION: Article 14 be amended by adding the following Resolution:
Whereas,the Lexington Tree by-law requires that the Board of Selectmen set an
application fee for tree removal permits, but no such fee has been set, yet enforcement of
said Tree by-law costs the Town approximately$14,000 per year;
Whereas, miscellaneous fire safety inspection fees have not been increased in 20-
25 years, and the cost of providing the service is approximately $35,000 per year
more than the amount received in fees;
Whereas, parking meter rates have been 25 cents per hour for the past 17 years,
and currently yield $178,000 (including the associated Meriam St lot fees);
Whereas, building inspection fees have been set at$12/$1,000 for at least 5 years
while other towns charge $15/$1,000, representing $180,000 more in collections
than what Lexington currently charges;
RESOLVED: the Town Meeting asks the Board of Selectmen to review all
municipal fees as soon as possible, as the above four fees may represent an
additional $407,000 in revenues for the Town.
10:54 p.m. Dawn McKenna reported the intent of the Board of Selectmen to review fees and
reported opposition of the Board on a vote of 4-1
10:54 p.m. RESOLUTION ADOPTED.
10:55 p.m. Following a voice vote on Article 14, as amended, MOTION
UNANIMOUSLY ADOPTED.
10:55 p.m. Deborah Brown, pr.7,served Notice of Reconsideration on Article 14.
Scott Burson, pr.4, served Notice of Reconsideration on Art. 14 -line item 1100.
Frank Sandy, pr.6, served Notice of Reconsideration on Art. 14 line item 7300.
Dawn McKenna served Notice of Reconsideration on Art. 14 -line item 3100-
3500.
10:58 p.m. Selectman Dawn McKenna moved the meeting be adjourned until Monday,
May 3, 2004 at 8:00 p.m., Clarke Middle School. MOTION ADOPTED.
A true copy:
ATTEST:
Donna M. Hooper, Town Clerk
ADJOURNED SESSION OF THE 2004 ANNUAL TOWN MEETING
May 3, 2004
The eighth session of the 2004 Annual Town Meeting was called to order by Moderator
Margery M. Battin, at 8:00 p.m., at the Clarke Middle School, 17 Stedman Road. A
quorum of 171 members was present.
The Moderator outlined the plans for the evening's article presentations.
ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
8:07 p.m. Marion Cohen, pr.2, moved the Report of the Council on Aging be
Accepted and Placed on File. MOTION ADOPTED UNANIMOUSLY. Mrs. Cohen
reported on the Council's activities.
8:13 p.m. Elaine Dratch, pr.5, moved the Report of the Transportation Advisory
Committee be Accepted and Placed on File. MOTION ADOPTED UNANIMOUSLY
Sara Arnold reported on the Transportation Advisory Committee's activities.
8:20 p.m. Fred Rosenberg, pr.9, questioned revolving account deficits/surplus.
8:20 p.m. Selectman Dawn McKenna moved Article 15 be postponed until
Wednesday, May 12th. UNANIMOUSLY ADOPTED.
ARTICLE 16: PRIOR YEARS' UNPAID BILLS
8:22 p.m. Selectman Dawn McKenna.
MOTION: That this article be indefinitely postponed.
ADOPTED UNANIMOUSLY
Article 18 CAPITAL PROJECTS AND EQUIPMENT
8:24 p.m. Selectman William Kennedy.
MOTION: That the following amounts be appropriated for the following capital
improvements and that each amount be raised as indicated:
(a) Building Envelope - $340,000 and that the Treasurer with the approval
of the Board of Selectmen is authorized to borrow $340,000 under
G.L. c. 44, § 7(3A) and §7(22) or any other enabling authority;
8:24 p.m. William Kennedy reported support of the Board of Selectmen;
John Rosenberg reported the unanimous approval of the Capital Expenditures
Committee; Sheldon Spector reported the approval of the Appropriation
Committee; Thomas Griffiths reported the unanimous support of the School
Committee.
(b) Public Works Equipment— $370,000 and that the Treasurer with the
approval of the Board of Selectmen is authorized to borrow $370,000
under G.L. c. 44, § 7(9) or any other enabling authority;
8:30 p.m. William Kennedy reported the support of the Board of Selectmen;
Narain Bhatia reported the unanimous support of the Capital Expenditures
Committee; Sheldon Spector reported the support of the Appropriation
Committee..
(c) DPW Operations Facility - $0;
(d) Street Related Improvements - $1,000,000 and that $500,000 be raised
in the tax levy; and in addition the Selectmen are authorized to accept
highway funds from all sources including the $460,000 allocated under
Chapter 90 of the General Laws, and the Treasurer with the approval
of the Selectmen is authorized to issue Highway Reimbursement Notes
under G.L. c. 44, § 6 as amended; and in addition that the Treasurer
with the approval of the Board of Selectmen is authorized to borrow
$40,000 under G.L. c. 44, § 7(5) or any other enabling authority;
8:33 p.m. William Kennedy reported the unanimous support of the Board of
Selectmen; Narain Bhatia reported the support of the Capital Expenditures
Committee; Sheldon Spector reported the support of the Appropriation
Committee.
(e) Storm Sewer Improvements - $150,000 and that $150,000 be
transferred from the Sewer Enterprise Fund;
Adjourned Session of the 2004 Annual Town Meeting—May 3, 2004
8:35 p.m. William Kennedy reported the unanimous support of the Board of
Selectmen; Narain Bhatia reported the support of the Capital Expenditures
Committee; Sheldon Spector reported the support of the Appropriation
Committee.
(f) Traffic Signal Improvements - $0;
Charles Lamb reported the Capital Expenditures Committee would support
funding for a study at Massachusetts Ave &Maple St.
(g) Sidewalk Improvements - $100,000 and that the Treasurer with the
approval of the Board of Selectmen is authorized to borrow $100,000
under G.L. c. 44, § 7(6) or any other enabling authority;
8:37 p.m. William Kennedy reported the unanimous support of the Board of
Selectmen for funding requested to focus on school area sidewalks; Charles
Lamb reported the unanimous support of the Capital Expenditures Committee;
Sheldon Spector reported the support of the Appropriation Committee.
Members questioned sidewalk maintenance and plowing. Town Manager Richard
White explained requested funding is for infrastructure.
(h) Playgrounds and Recreation Facilities Improvement; - $35,000 and
that the Treasurer with the approval of the Board of Selectmen is
authorized to borrow $35,000 under G.L. c. 44, § 7(25) or any other
enabling authority;
8:40 p.m. Recreation Committee members Sandra Shaw and Richard Thuma
presented request. Shirley Stolz reported unanimous support of the Capital
Expenditures Committee; Sheldon Spector reported support of the Appropriation
Committee.
(i) Tennis Court Improvement - $130,000 and that $130,000 be
transferred from the Recreation Enterprise Fund.
Recreation Committee members Sandra Shaw and Frederick DeAngelis
explained requested funding. Shirley Stolz reported unanimous support of the
Capital Expenditures Committee; Sheldon Spector reported support of the
Appropriation Committee.
Members questioned the rebuilding of the Harrington School playground and the
elimination of the Maple Street/Massachusetts Avenue traffic study.
8:47 p.m. MOTION DECLARED ADOPTED by more than the necessary
TWO-THIRDS.
8:48 p.m. Samuel Silverman, pr.5, served Notice of Reconsideration - Article 18(f).
George Burnell, pr.7, served Notice of Reconsideration - Article 18.
ARTICLE 21: SCHOOL CAPITAL PROJECT
8:49 p.m. Olga Guttag, pr.5.
MOTION: That $690,000 is appropriated to remodel, reconstruct and
make extraordinary repairs to school buildings; that to meet this
appropriation, the Treasurer with the approval of the Board of Selectmen
is authorized to borrow $690,000 under G.L. c.44, §7(3A), G.L. c. 70B or
any other enabling authority; and that the Permanent Building Committee
is authorized to take any other action necessary to carry out this project.
8:50 p.m. Charles Lamb reported the unanimous support of the Capital Expenditures
Committee; Sheldon Spector reported the unanimous support of the
Appropriation Committee; Peter Kelley reported the unanimous support of
the Board of Selectmen.
Members questioned the reuse of the Harrington School and fundraising efforts for
redoing the track.
9:08 p.m. MOTION DECLARED ADOPTED UNANIMOUSLY
ARTICLE 22: MAINTAIN AND UPGRADE SCHOOL TECHNOLOGY
9:08 p.m. Presented by Thomas Diaz, pr.2.
MOTION: That $250,000 be appropriated for the purchase of computer
hardware and software; and that to meet this appropriation the Treasurer with the
approval of the Board of Selectmen is authorized to borrow $250,000 under G.L.
c. 44, §7, or any other enabling authority.
9:13 p.m. George Burnell served Notice of Reconsideration on Article 21.
Adjourned Session of the 2004 Annual Town Meeting—May 3, 2004
9:14 p.m. Charles Lamb reported the unanimous support of the Capital Expenditures
Committee; Ronald Pawliczek reported the unanimous support of the
Appropriation Committee; Peter Kelley reported the support of the Board
of Selectmen.
Members spoke in support and opposition and questioned impact of staff
cuts on technology implementation, computer technology in use by both
the school department and municipal operations, outsourcing of services,
integration of systems, cost comparisons for Apple vs. personal
computers, and computer use in curriculum.
9:30 p.m. Following a voice vote, MOTION DECLARED ADOPTED by more
than the necessary TWO-THIRDS.
9:30 p.m. George Burnell served Notice of Reconsideration - Article 22.
ARTICLE 24: LACONIA STREET ACCEPTANCE
9:31 p.m. Ephraim Weiss, pr.5.
MOTION: To establish as a Town way and accept the layout of the
unaccepted portion of Laconia Street, a distance of 1900 feet, more or less, as laid
out by the Selectmen and shown upon a plan on file in the office of the Town
Clerk, dated January 5, 2004, subject to the assessment of betterments; to
authorize the Selectmen to take by eminent domain, purchase or otherwise acquire
any fee, easement or other interest in land necessary therefore; to appropriate
$335,000 for such street construction; and to raise such amount the Treasurer with
the approval of the Board of Selectmen is authorized to borrow $335,000 under
G.L. c. 44, § 7(5).
Richard Pagett reported the Board of Selectmen support (4-1). Charles Lamb reported
the unanimous support of the Capital Expenditures Committee.
9:35 p.m. MOTION ADOPTED UNANIMOUSLY
ARTICLE 26: MUNICIPAL ELECTRIC UTILITY PLANT
9:36 p.m. Paul Chernick, pr.6.
MOTION: That the following resolution be adopted:
Town Meeting supports and encourages the efforts of the Selectmen to explore and
evaluate the option of establishing a municipal electric utility, and to that end,
reconfirms and renews the votes taken under Article 37 of the warrant for the 1996
Annual Town Meeting, under Article 42 of the warrant for the 1997 Annual Town
Meeting and under Article 13 of the warrant for the 2003 Annual Town Meeting,
endorsing the establishment of a municipal lighting and gas plant in accordance with
the provisions of Chapter 164 of the General Laws as amended from time to time.
Town Meeting supports the enactment of legislation confirming that a municipality
can purchase electric assets to form a municipal lighting plant in accordance with
Chapter 164 of the General Laws, and urges its representatives in the Great and
General Court to actively support such legislation.
Town Meeting requests that the Electric Utility Ad-hoc Committee present for
approval at the first Annual or Special Town Meeting following adequate resolution
of the legislative issues regarding municipalization, a plan for conducting a feasibility
study of a Lexington Municipal Electric Utility, including provisions for funding such
study.
Town Meeting requests the Board of Selectmen to transmit a copy of this resolution
to Lexington's representatives in the Great and General Court and to the House and
Senate Chairs of the Government Regulations Committee.
Paul Chernick, pr.6, explained the 4-part Resolution.
9:47 p.m. Jeanne Krieger reported the unanimous support of the Board of Selectmen.
Charles Lamb reported the support (3-2) of the Capital Expenditures
Committee. Eric Michelson reported the unanimous support of the Appropriations
Committee.
Adjourned Session of the 2004 Annual Town Meeting—May 3, 2004
Members questioned potential debt to be incurred should capital equipment be purchased,
projected savings of users, utility rates and aggregation, future processes, financial
structure of a light utility, payments in-lieu-of taxes, potential cost to establish an electric
utility and moving forward. Mr. Chernick responded.
The Moderator called for a standing vote, tallied as follows:
Precinct Yes No
1 10 7
2 11 4
3 15 0
4 17 0
5 12 3
6 16 0
7 14 1
8 15 2
9 15 0
AL 13 2
TOTAL 138 19
10:15 p.m. With 138 voting in the affirmative and 19 in the negative,
MOTION ADOPTED.
ARTICLE 27: ENGINEERING, ECONOMIC AND LEGAL FEASIBILITY
STUDIES FOR A LEXINGTON MUNICIPAL
ELECTRIC UTILITY
10:15 p.m. Patrick Mehr, pr.3.
MOTION: That this article be indefinitely postponed.
ADOPTED UNANIMOUSLY
10:15 p.m. Selectman Richard Pagett requested a 10 minute recess.
Fred Rosenberg, pr.9, moved to adjourn until May 5, 2004, 8:00 p.m., at the Clarke
Middle School. MOTION ADOPTED
A true copy,
ATTEST:
Donna M. Hooper, Town Clerk
ADJOURNED SESSION OF THE 2004 ANNUAL TOWN MEETING
May 5, 2004
The ninth session of the 2004 Annual Town Meeting was called to order by Moderator
Margery M. Battin, at 8:00 p.m., at the Clarke Middle School, 17 Stedman Road. A
quorum of 156 members was present.
School Committee Chairman Thomas Griffiths announced William Hurley has been
appointed Interim Superintendent and introduced Mr. Hurley for brief comments.
ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
8:10 p.m. Vickie Blier, pr.9, moved the Report of the Senior Tax Deferral and
Exemption Study Committee be accepted and placed on file.
ADOPTED UNANIMOUSLY.
Ms. Blier moved Article 31 be taken up at this time. MOTION ADOPTED
ARTICLE 31: SENIOR TAX RELIEF
8:20 p.m. Selectman Peter Kelley.
MOTION:
(a) Resolved that the Town supports and encourages the efforts of the
General Court of the Commonwealth of Massachusetts to standardize and
enhance local options to set interest rates, eligibility age and income
qualifications that cities and towns may use to provide property tax relief
to lower-income senior citizens. Further resolved that the Town notes
with approval the efforts of the General Court to adjust the existing cap on
house values in the Senior Circuit Breaker Tax Credit Law in order that
lower-income senior citizens in towns with higher property values can
continue to benefit from this important program; and further
(b) That the following adjustments for FY2005 be made to the
qualifications for an exemption under Section 5, clause 41C of Chapter
59 of the General Laws:
i. Reduce the eligibility age from 70 to 65 years of age;
ii. Increase the gross receipts limit from $13,000 if single, to
$20,000, and from $15,000 if married to $30,000;
iii. Increase the whole estate limit from $28,000 if single, to
$40,000 and from $30,000 if married to $55,000; and
iv. Increase the maximum exemption allowed from $500 to $750.
Peter Kelley reported the unanimous support of the Board of Selectmen.
Paul Hamburger reported the unanimous support of the Appropriation Committee.
8:26 p.m. MOTION ADOPTED.
ARTICLE 32: INCREASED TAX EXEMPTIONS FOR SENIORS
ON LIMITED INCOME
8:26 p.m. Patrick Mehr, pr.3.
MOTION: That this article be indefinitely postponed.
ADOPTED UNANIMOUSLY
8:30 p.m. Lorraine Fournier, pr.8, served Notice of Reconsideration—Article 31.
8:30 p.m. Dawn McKenna moved Article 15 be taken up. MOTION ADOPTED
ARTICLE 15: SUPPLEMENTARY APPROPRIATIONS FOR CURRENT
FISCAL YEAR(FY2004)
8:30 p.m. Selectman Dawn McKenna.
MOTION: That this article be indefinitely postponed. MOTION ADOPTED
Adjourned Session of the 2004 Annual Town Meeting—May 5, 2004
ARTICLE 29: STABILIZATION FUND
8:31 p.m. Richard Pagett.
MOTION: That $807,322 be appropriated for a stabilization fund for
capital expenditures in accordance with G.L. Chapter 40, §5B and such
amount be raised in the tax levy.
Richard Pagett explained the position, use of stabilization funds, and reported the
unanimous support of the Board of Selectmen.
Deborah Brown reported the unanimous support of the Appropriation Committee.
George Burnell reported the support of the Capital Expenditures Committee. Thomas
Griffiths reported the unanimous support of the School Committee.
8:43 p.m. DECLARED ADOPTED UNANIMOUSLY.
ARTICLE 38: FIRE DEPARTMENT UNDER CIVIL SERVICE LAW
8:44 p.m. Robert Cunha, pr.2.
MOTION: That the Selectmen be and they hereby are authorized to
petition the General Court for an Act to place members of the Fire
Department under the Civil Service Law, such act to be in the form set
forth in the article, except that the word "years" shall be added at the end
of Part 4.
Mark Ferreira, Lexington Fire Department, explained the value of placing the Lexington
Fire Department under Civil Service Law and encouraged the members to support.
Richard Pagett reported the unanimous opposition of the Board of Selectmen to this
motion.
8:53 p.m. Town Manager Richard White reported his opposition and requested the
members vote against the motion.
8:59 p.m. Deborah Brown served notice of reconsideration—Article 29.
9:00 p.m. Richard Eurich reported the Appropriation Committee is unanimously
against the motion.
9:03 p.m. Janet Perry, pr.9, Chairperson of the Personnel Advisory Board, reported
the Board's unanimous opposition.
9:05 p.m. Lorraine Fournier, pr.8, questioned why the Lexington Police Department
was under Civil Service Law and spoke in support of the motion.
Members spoke in support and in opposition. Mark Ferriera summarized reasons
changing to civil service and requested members support the motion.
9:16 p.m. MOTION NOT ADOPTED
ARTICLE 40: AMEND SECTION 80-4G, STATIONARY ENGINE RUN-UP
(NOISE BYLAW)
9:17 p.m. Martha Wood, pr.8.
MOTION: That the Board of Selectmen be requested to appoint an ad
hoc committee to review Chapter 80 of the Code of Lexington for the
purpose of suggesting language with respect to stationary engine run-up
provisions so as to minimize potential noise and air pollution. Members
of the committee shall include at least one representative each from the
Board of Selectmen, the Board of Health, the Noise Advisory Committee,
the School Committee, and a local businessman, and at least two citizens
who have expressed interest and concern. The Committee shall receive
staff support from the Health Department and the Police Department as
needed. The committee shall report its recommendations to the Board of
Selectmen and to the next annual Town Meeting.
Julian Bussgang, 2 Forest St, explained requested committee and reported the status of
the Noise Committee.
Jeanne Krieger reported the unanimous support of the Board of Selectmen.
Thomas Griffiths reported the unanimous support of the School Committee.
Adjourned Session of the 2004 Annual Town Meeting—May 5, 2004
Paul Chernick, pr.6, spoke on noise control and moved the following substitute motion:
SUBSTITUTE MOTION:
a) Resolved: That Town Meeting urges the Selectmen, Police Department, Zoning
Board of Appeals, Planning Board, Board of Health, School Committee, building
inspector, and all other responsible agents of Town government to vigorously
support the provisions of state regulation 310 CMR 7.11 (1)(b), through
• Publicizing the existing regulations and enforcement mechanisms through
appropriate communications with residents/
• Contract terms with contractors (particularly school-bus operators),
• Conditions on permits and licenses, and
• Enforcement of Section 80-4G, Stationary engine run-up, of the Code of
the Town of Lexington, General By-Laws, including fines; and further
b) That the Moderator appoint an ad hoc committee to review Chapter 80 of the
Code of Lexington for the purpose of suggesting language with respect to
stationary engine run-up provisions so as to minimize potential noise and air
pollution. The Committee shall also review state regulations 310 CMR 7.11
(1)(b) and determine under what conditions defrosting of windows, prevention of
diesel-fuel gelling, and establishment and maintenance of interior temperatures of
occupied vehicles at reasonable temperatures should be considered operations for
which engine power may be necessary and considered not to cause or contribute
to a condition of air pollution. Members of the committee shall include at least
one representative each from the Board of Selectmen, the Board of Health, the
Noise Advisory Committee, the School Business Department, the School
Committee, the Town-Wide PTA Council, an owner or manager of a local
business, and at least two citizens who have expressed interest and concern. The
committee shall report its recommendations to the Board of Selectmen, Board of
Health, and School Committee before the next annual town meeting.
Julian Bussgang commented that the Resolution lacked legal authority.
9:32 p.m. Dawn McKenna reported opposition (4-1) by the Board of Selectmen.
Selectman Jeanne Krieger spoke in support.
Thomas Griffiths reported the School Committee unanimously opposed
the substitute motion.
Members and representatives from the audience spoke in opposition and in support.
9:48 p.m. The Moderator called for a standing vote on the Substitute Motion,
tallied as follows:
Precinct Yes No
1 9 5
2 6 8
3 12 2
4 12 4
5 8 9
6 13 2
7 5 8
8 12 3
9 14 4
AL 7 7
TOTAL 98 52
9:48 p.m. With 98 voting in the affirmative and 52 in the negative,
SUBSTITUTE MOTION ADOPTED.
9:52 p.m. Vote on AMENDED MOTION—ADOPTED AS AMENDED.
9:53 p.m. John Bartenstein, pr.1, moved to reconsider Article 8.
The Board of Selectmen and Planning Board each supported
reconsideration. MOTION TO RECONSIDER ADOPTED
Adjourned Session of the 2004 Annual Town Meeting—May 5, 2004
ARTICLE 8: ZONING BY-LAW, HOME OCCUPATIONS
9:59 p.m. John Bartenstein, pr.1, moved the following amendment:
MOTION: We move to amend the definition of"Home Occupation"
contained in the main motion under Article 8 as follows (language in brackets to
be deleted, language in bold to be added):
Home Occupation—
Any business, occupation, or activity undertaken for gain within a residential
structure, by a person residing in the structure, that is incidental and secondary to
the use of that structure as a dwelling unit.
Home Occupation, Instruction—A home occupation that consists of
teaching that takes place inside the dwelling unit of the instructor. Typical
instruction includes music lessons and academic tutoring.
Home Occupation, Minor—A home occupation with no nonresident
employee, partner, or contractor working on the premises; no more than
[one customer or client visiting] two business-related visitors to the
premises at a time; and no more than 6 [customers or clients visiting]
business-related visitors to the premises over the course of a day.
Home Occupation, Major—A home occupation subject to a special permit
with no more than one nonresident employee, partner, or contractor
working on the premises; and no more than 10 [customers or clients
visiting] business-related visitors to the premises over the course of a
day.
John Bartenstein explained the proposed changes and justification.
Karl Kastorf reported the unanimous support of the Planning Board.
Dawn McKenna reported the unanimous support of the Board of Selectmen.
Members questioned by-law application situations and spoke in support.
10:11 p.m. John Hayward moved the question now be put. MOTION ADOPTED
10:12 p.m. AMENDMENT ADOPTED UNANIMOUSLY
10: 12 p.m. MOTION AS AMENDED DECLARED ADOPTED by more than the
required TWO-THIRDS.
10:13 p.m. Selectman Dawn McKenna moved the meeting be adjourned until Wednesday,
May 12, 2004 at 8:00 p.m., Clarke Middle School. MOTION ADOPTED.
A true copy:
ATTEST:
Donna M. Hooper, Town Clerk
ADJOURNED SESSION OF THE 2004 ANNUAL TOWN MEETING
May 12, 2004
The tenth session of the 2004 Annual Town Meeting was called to order by Moderator
Margery M. Battin, at 8:00 p.m., at the Clarke Middle School, 17 Stedman Road. A
quorum of 169 members was present.
ARTICLE 13: ZONING BYLAW, RO TO RD,METROPOLITAN STATE
HOSPITAL LAND, CONCORD AVENUE
8:05 p.m. Edmund Grant, pr.6.
[Mr. Grant declared he would be abstaining from voting on this motion.]
MOTION: That the Zoning By-Law be amended to change the zoning district
designation of the land described below, commonly known as the Main Campus Site of
the former Metropolitan State Hospital, from the current RO, One Family Dwelling
district to a RD Planned Residential Development District. The general location of the
former Metropolitan State Hospital site is off of Concord Avenue, approximately 0.5
miles east of the intersection of Concord Avenue and Pleasant Street.
The land to be rezoned is described as follows: Lot 3 as shown on a plan entitled
"Proposed Rezoning of Land to the RD Planned Residential Development District,
Lexington, Mass" dated December 22, 2003 and prepared by Kelly Engineering Group,
attached as Appendix A to that certain Preliminary Site Development and Use Plan
referenced below, and by written metes and bounds description attached as Appendix B
to such Preliminary Site Development and Use Plan.
The land in the RD Planned Residential Development District shall be subject to the
Preliminary Site Development Use Plan originally filed on January 12, 2004, as the same
has been revised and resubmitted on March 22, 2004 and which has been filed with the
Planning Board and the Town Clerk, as amended by that certain Amendment to Revised
and Restated Preliminary Site Development and Use Plan filed with the Planning Board
and the Town Clerk on May 5, 2004 by Edmund C. Grant, Town Meeting Member,
Precinct 6.
8:07 p.m. Michael Roberts, Avalon Development, presented.
8:28 p.m. Karl Kastorf, pr.8, moved the Planning Board Report on Article 13 be
accepted and placed on file. ADOPTED UNANIMOUSLY.
Mr. Kastorf reported the unanimous support of the Planning Board on Article 13, and
reported the perceived benefits of the proposal.
8:40 p.m. Jeanne Krieger reported a majority of the Board of Selectmen (4-1)
support the motion. Peter Kelley spoke in opposition and presented his minority report.
8:50 p.m. Thomas Diaz, pr.2, reported a majority of the School Committee (4-1)
endorsed approval and spoke to the estimated number of school age children projected to
occupy such a development.
8:59 p.m. Olga Guttag, pr.5, spoke in opposition and presented her minority report.
9:09 p.m. Alan Levine, pr.8, moved Update #3 of the Appropriation Committee's
report be accepted and placed on file. UNANIMOUSLY ADOPTED. Mr. Levine
reported the Appropriation Committee supports the motion (6-2).
9:20 p.m. Richard Canale, pr.9, Lexington representative to the Metropolitan Area
Planning Council, spoke in support.
9:23 p.m. Members, representatives from the neighborhood, and other residents
spoke in opposition and support, on revenue neutrality, apartment size, and affordable
housing.
10:28 p.m. David Burns, pr.5, moved the question now be put. MOTION ADOPTED
10:29 p.m. Edmund Grant, pr.6, Avalon Bay representative and Michael Roberts
summarized.
Adjourned Session of the 2004 Annual Town Meeting—May 12, 2004
10:30 p.m. The Moderator called for a standing vote, tallied as follows:
Precinct Yes No
1 12 8
2 12 5
3 9 11
4 13 4
5 9 9
6 13 2
7 19 0
8 14 3
9 8 4
AL 10 3
TOTAL 119 49
10:35 p.m. With 119 voting in the affirmative and 49 in the negative,
MOTION ADOPTED.
10:38 p.m. James Barry, pr.1, served notice of reconsideration - Article 13.
ARTICLE 12: ZONING BYLAW, AMENDMENTS TO STANDARDS FOR RD
PLANNED RESIDENTIAL DEVELOPMENT DISTRICTS
10:36 p.m. Edmund Grant, pr.6.
MOTION: That the Zoning By-Law be amended as follows:
By adding a footnote to each of the following rows under the column entitled
"RD" in the Schedule of Permitted Buildings, Density and Dimensional Standards
set forth in Section 135-45 of the Zoning By-Law: Row 4(a) (Minimum yard
setback on perimeter of tract: Front yard); Row 4(b) (Minimum yard setback on
perimeter of tract: Side yard, rear yard); Row 5 (Maximum impervious surface
ratio); Row 7 (Minimum usable open space per dwelling unit, or equivalent); and
Row 8 (Maximum height of dwellings).
The footnote shall read as follows:
In an RD District in which(x) the area of the tract to be developed is not less than
20 acres and (y) the planned residential development involves the redevelopment
of existing structures, wherein not less than 25% of such existing structures shall
be retained or rehabilitated:
(i) The Minimum Yard Setback on the Perimeter of the Tract shall be
8 feet for the front yard and 30 feet for the side and rear yards;
(ii) The maximum Impervious Surface Ratio shall be 0.55;
(iii) The Minimum Usable Open Space Per Dwelling Unit, or
equivalent, shall be 1,050 square feet; and
(iv) The Maximum Height of Dwellings shall be 60 feet.
10:36 p.m. Michael Roberts, Avalon Bay, explained modifications needed to proceed.
10:37 p.m. Thomas Harden reported the unanimous support of the Planning Board for
the motion. Jeanne Krieger reported the unanimous support of the Board of Selectmen.
10:38 p.m. Bob Bicknell reported the support of the Housing Partnership Board.
10:38 p.m. Thomas Harden moved the Report of the Planning Board on Article 12 be
accepted and placed on file. MOTION ADOPTED.
10:40 p.m. Members spoke in favor and in opposition, questioned implications on
development if motion is not adopted, and the number of RO zoned districts. Assistant
Planning Director Maryann McCall-Taylor responded.
10:58 p.m. Benjamin Cohen, pr.3, moved the question now be put.
MOTION ADOPTED.
10:58 p.m. Edmund Grant, pr.6, summarized impact and need.
Adjourned Session of the 2004 Annual Town Meeting—May 12, 2004
10:59 p.m. The Moderator called for a standing vote, tallied as follows:
Precinct Yes No
1 15 0
2 15 0
3 9 8
4 13 3
5 15 3
6 13 4
7 19 0
8 14 2
9 8 2
AL 14 0
TOTAL 135 22
11:03 p.m. With 135 voting in the affirmative and 22 in the negative,
MOTION ADOPTED.
11:03 p.m. Andrew Friedlich, pr.5, requested point of personal privilege and
recognized Town Manager Richard White and staff for bringing the members through the
2004 town meeting. Members acknowledge Mr. Friedlich's recognition with a standing
ovation.
11:03 p.m. Samuel Silverman, pr.5, questioned if any article were to be brought
before the meeting he would seek to have reconsideration of Article 18 (f) to address a
traffic light study for the intersection of Maple Street and Massachusetts Avenue. He
would not move reconsideration but bring it up at the next town meeting.
ARTICLE 43: USE OF FUNDS TO REDUCE THE TAX RATE
11:05 p.m. Selectman Dawn McKenna.
MOTION: That this article be indefinitely postponed.
ADOPTED UNANIMOUSLY
11:06 p.m. David Burns, pr.5, served notice of reconsideration - Article 12.
Hank Manz, pr.9, recognized contributions of the volunteers and boards,
Town Manager Richard White and staff, and school custodial staff for their contribution
in this year's budget process and town meeting.
11:08 p.m. Selectman Dawn McKenna moved the meeting be dissolved.
ADOPTED UNANIMOUSLY.
A true copy,
ATTEST:
Donna M. Hooper, Town Clerk