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

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May 4, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont... 7:58 p.m. Mr. Grant recused himself from the vote on Article 49 and offered the Amendment to the main motion. Adopted Unanimously. 8:00 P.M. Peter Nichols, Beal Company, reviewed requested action. 8:35 p.m. Charles Hornig moved report of the Planning Board on Article 49 be accepted and placed on file. Motion Adopted. Mr. Hornig reported the Planning Board recommends approval with the conditions listed in the report and agreed to by the applicant. 8:41 p.m. Alan Levine reported the unanimous support of Appropriation Committee (9 -0). 8:45 p.m. Jeanne Krieger reported unanimous support of the Board of Selectmen. 8:48 p.m. John McWeeney, Economic Development Advisory Committee, spoke in favor. 8:52 p.m. Richard Canale, Planning Board, spoke in opposition and reported minority views of the Planning Board. 8:59 p.m. Edith Sandy, pr.6. moved subsidiary motion under Article 49: SUBSIDIARY MOTION: I move that the minority views of Planning Board members Richard Canale and Anthony Galaitsis be accepted and placed on file. Subsidiary Motion Adopted. Members and citizens spoke in support and opposition. 9:47 p.m. David Burns, pr.5, called the question. The Moderator called for a standing vote, tallied as follows: PCT YES NO 1 14 7 2 13 5 3 7 9 4 3 17 5 10 6 6 10 10 7 6 9 8 13 3 9 8 8 At Large 7 6 TOTAL 91 80 9:47 p.m. With a vote of 91 in favor and 80 opposed the Moderator declared the question now put. 9:51 p.m. Ed Grant summarized. The Moderator called for a standing vote, tallied as follows: PCT YES NO 1 17 2 2 16 3 3 9 8 4 12 8 5 14 3 6 16 4 7 13 3 8 14 2 9 15 1 At Large 13 1 TOTAL 139 35 9:59 p.m. With a vote of 139 in favor and 35 opposed, the Moderator declared. with more than the required two - thirds vote, the Motion Adopted. 9:59 p.m. Patrick Mehr, pr.3, served notice of reconsideration of Article 49. 10:00 P.M. Presented by Dawn McKenna, pr.6. ARTICLE 48: AMEND ZONING BY -LAW — FINANCIAL SUPPORT FOR TRANSPORTATION (CITIZENS' PETITION) MOTION: That the Zoning By -Law of the Town of Lexington be amended to add a new Section 135 -73.1 that states: In addition to other traffic mitigation specified in the by -law, for each development defined in subsection A, a traffic mitigation fee shall be calculated and assessed at the time a building permit is issued, and paid at the time specified in subsection D, to support the annual operating costs of trip reduction as follows: A. This section shall apply to the erection of a new building or the enlargement or renovation of an existing building with the result that there are 10,000 square feet or more of gross floor area on the lot, including any existing floor area or there are 50 or more dwelling units, or their equivalent, in a development, including any existing dwelling units. B. Maintenance of a town transportation system is one component of Traffic Demand Management which helps to ensure adequate traffic capacity.