2009-03-23 to 2009-05-06 ATM-min

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April 27, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont... 10:28 p.m. Charles Hornig moved the report of the Planning Board on Article 47 be accepted and placed on file. Adopted. Mr. Hornig reported. 10:28 p.m. Selectman Jeanne Krieger reported unanimous support of the Board of Selectmen. 10:29 p.m. Unanimously Adopted. 10:29 p.m. Norman Cohen moved the meeting be adjourned until 7:30 p.m., Monday, May 4, 2009, Cary Memorial Hall. Motion Unanimously Adopted. A true copy. Attest: Donna M. Hooper, Town Clerk ------------------------------------------------ May 4, 2009 Adjourned Session of the 2009 Annual Town Meeting The ninth session of the 2009 Annual Town Meeting was called to order by Moderator Deborah J. Brown at 7:30 p.m., May 4, 2009, Cary Memorial Hall; a quorum of 176 present. 7:33 p.m. The Moderator declared a moment of silence in honor of former town meeting members Everett Fowle and Jason Woodward who recently passed away. 7:36 p.m. The Moderator declared a brief recess for an update from Health Director Gerard Cody on the Swine Flu /H 1N 1 flu pandemic. 7:46 p.m. ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 7:46 p.m. Elaine Dratch moved the Revised Report of the Transportation Advisory Committee be accepted and placed on file. Adopted. Sheryl Mahoney moved the Report of the Economic Development Advisory Committee be accepted and placed on file. Adopted. 7:55 p.m. Selectman Jeanne Krieger moved Article 49 be taken up at this time, followed by Articles 48, 25, 30 and 31 in that order. Unanimously Adopted. 7:58 p.m. Presented by Edmund Grant, pr.6. ARTICLE 49: AMEND ZONING BY -LAW — CRO AND RO TO CD, 95 -99 HAYDEN AVENUE, 124 -128 SPRING STREET (OWNERS' PETITION) MOTION: That the Zoning Bylaw Chapter 135 of the Code of Lexington be amended by changing the zoning designation of the land described in the Article from the current CRO Regional Office District and RO One Family Dwelling District to CD Planned Commercial District. The boundaries of the CD Planned Commercial District shall be as set forth in the Petition for Change of Zoning District and Approval of Preliminary Site Development and Use Plan ( PSDUP), as contained in Appendix 9 of the PSDUP, dated December 22, 2008. The land in the CD Planned Commercial District shall be subject to the PSDUP dated December 22, 2008. AMENDMENT: That the main motion be amended so that the land in the CD Planned Commercial District shall be subject to the revised and resubmitted PSDUP dated April 17, 2009, as referenced in my letters dated April 22 and April 23, 2009, on file with the Planning Board and the Town Clerk, all in accordance with the provisions of the Zoning Bylaw Chapter 135 of the Code of the Town of Lexington. (Adopted Unanimously) SUBSIDIARY MOTION: I move that the minority views of Planning Board Members Richard Canale and Anthony Galaitsis be accepted and placed on file. (Adopted) WARRANT ARTICLE TEXT. To request the Town to amend the Code of the Town of Lexington, Zoning By -Law sections and the Zoning Map of the Town of Lexington, by changing the zoning district designation of the land described in a certain written metes and bounds description (Appendix 9) 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 Town of Lexington Code §135 -42), said property being commonly known and numbered as 95 -99 Hayden Avenue and 124 -128 Spring Street to allow construction of a new building for office and laboratory uses and to act in any other manner relative thereto.