2011-03-ATM-min - Laserfiche WebLink

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March 21, 2011 Annual Town Meeting, cont. questions regarding rezoning and potential impact on area properties. 8:47 p.m. Planning Board member Charles Hornig reviewed allowed scenarios and action within the CM district, required setbacks and screening. 8:54 p.m. Alan Wrigley, pr.7, called the question. Adopted 8:54 p.m. The Moderator declared the motion under Article 41 adopted by more than the necessary two-thirds vote. 8:55 p.m. Presented by Selectman Norman Cohen. ARTICLE 43: ACQUIRE GIFT OF LAND—MYRNA ROAD MOTION: That the Conservation Commission be authorized to acquire by gift or otherwise, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes, including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, the land shown as Lot 35 on Assessors' Property Map 76, now or formerly of Robert B. Chase. Norman Cohen reviewed requested action and eminent domain taking to deal with potential title problems. Mr. Cohen reported unanimous support of the Selectmen. 8:57 p.m. Norman Cohen responded to questions regarding potential title problem, potential adverse impact on any 3rd party and lack of appropriation. Town Counsel Kevin Batt reviewed the authority of Town Meeting to authorize such a taking, and title insurance. Adopted Unanimously 9:01 p.m. Presented by Selectman Peter Kelley. ARTICLE 44: ACCEPT GIFT OF LAND— OFF HARTWELL AVENUE MOTION: That the Town accept a gift of land shown as Lot 2 on Assessors' Property Map 80, now or formerly of Pacific Partners Realty Trust. Mr. Kelley reviewed required action and reported unanimous support of the Selectmen. 9:03 p.m. Adopted Unanimously 9:03 p.m. Selectman Hank Manz moved Article 26 be taken up. Adopted 9:04 p.m. Presented by Selectman Norman Cohen. ARTICLE 26: ESTABLISH QUALIFICATIONS FOR TAX DEFERRALS AND EXEMPTIONS MOTION: That the maximum qualifying gross receipts amount for property tax deferrals under Clause 41A of Section 5 of Chapter 59 of the Massachusetts General Laws and Chapter 190 of the Acts of 2008 be raised to $60,000. Mr. Cohen explained requested action and reported unanimous support of the Selectmen. 9:05 p.m. John Bartenstein reported unanimous support of the Appropriation Committee. 9:08 p.m. Ephraim Weiss, pr.5, moved the following amendment: AMENDMENT: Article 26 be amended by adding at the end: 'and that the Selectmen Board of Assessors be urged to not require resident to submit income tax forms to the town in order to qualify for any tax deferral or exemption'. 9:12 p.m. Selectman Norman Cohen reported unanimous disapproval of the Selectmen for the Weiss amendment. 9:13 p.m. John Bartenstein reported no position of the Appropriation Committee. 9:14 p.m. Patrick Mehr requested Mr. Weiss accept a friendly amendment to change the `Selectmen' be changed to `Board of Assessors' . Adopted 9:15 p.m. Ephraim Weiss continued to justify support of the amendment. 9:17 p.m. Weiss Amendment Not Adopted 9:17 p.m. Main Motion under Article 26Adopted 9:17 p.m. Selectman Hank Manz moved Article 27 be taken up.Adopted Unanimously 9:18 p.m. Presented by Selectman Norman Cohen ARTICLE 27: AMEND GENERAL BYLAWS, PRIVATE WAYS MOTION: That Chapter 100 of the Code of the Town of Lexington be amended as set forth below; and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of Lexington.