HomeMy WebLinkAbout1999-03-22-ATM-min 1999ANNUAL TOWN MEETING — MARCH 22, 1999
During a local power outage and after diligent efforts of Fire and Public Works personnel,
under a backup power supply, the 1999 Annual Town Meeting was called to order by
Moderator Margery M. Battin, at 8:02 p.m., in Cary Memorial Hall. A quorum of 168
members was present.
The invocation was offered by Reverend Jed Snyder, Countryside Bible Chapel.
The Moderator honored the passing of Roland W. Greeley, Robert Leone, and former Town
Meeting Members Joseph H. Marshall, Barry H. Marshall and Dick Miller for their dedicated
service to the Town of Lexington.
The Town Clerk, Donna M. Hooper, read the Warrant for the Meeting until waived.
The Town Clerk read the Constable's Return of the Warrant.
8:05 p.m. The Moderator declared a recess during which Selectmen Peter Enrich and
Elizabeth Eddison, and former Selectmen Dan Busa and Dan Fenn, recognized former
Selectman Leo P. McSweeney for his dedicated service as Selectman from 1986 to 1998. Mr.
McSweeney's concern for the citizenry and devotion to the Town of Lexington were
highlighted. Mr. McSweeney was presented gifts, including an engraved Paul Revere bowl and
U.S. flag flown over the Battle Green March 22, 1999. Mr. McSweeney, newly elected as a
Town Meeting Member from precinct 9, expressed his appreciation for the recognition and the
honor it had been to serve as Selectmen for Lexington.
8:19 P.M. The Moderator called the meeting back to order, expressed her joy in working
with Mr. McSweeney during his tenure as Selectman, and outlined procedures and conduct of
Town Meeting.
The Moderator explained there would be no meetings scheduled for Wednesday, March 31 or
the week of school vacation, April 19 -23, and outlined anticipated order for upcoming articles.
It is anticipated that Indefinite Postponement will be recommended for Articles 5, 11, 12, 24,
25, 35, 39.
The Moderator explained that Article 49 of the 1998 Annual Town Meeting, adopted April 8,
1998, and approved by the Office of the Attorney General on August 25, 1998, amended
Article V of the General By -Laws and authorized the Moderator to declare more than a two -
thirds vote without a count and that she would be doing so during this Annual Town Meeting.
If seven or more members doubt the vote, a counted vote shall be taken.
8:31 p.m. The Moderator declared the meeting open under Article 2 and reminded
members that Article 2 would remain open throughout the meeting.
ARTICLE 2: REPORTS OF TOWN OFFICERS, BOARDS AND COMMITTEES
8:31 p.m. Paul Lapointe, Appropriation Committee, explained plans for the Committee's
report at a future time.
8:32 p.m. Charles Hornig moved the Report of the Capital Expenditures Committee be
accepted and placed on file. Following a unanimous voice vote, the Moderator declared the
report accepted and placed on file.
8:32 p.m. Selectman Peter Enrich reported that Town Manager Richard J. White will file
the Report of the Town Manager on March 24.
8:32 p.m. Selectman Peter Enrich moved that the Report of the Cary Lecture Series be
accepted and placed on file and that the Committee be discharged.
With the complete report appearing in the 1998 Annual Report, Susan Rockwell of the
Committee presented a brief overview of past activities, explaining the Series is currently
operating out of Lexington High School's Gillespie Auditorium.
Following a unanimous voice vote, the Moderator declared the report accepted and placed on
file and the Committee discharged.
Adjourned Session —1999 Annual Town Meeting March 22, 1999
Special Town Meeting of March 22, 1999
8:35 p.m. Selectman Peter Enrich moved to adjourn the Annual Town Meeting until after
the completion of the March 22, 1999 Special Town Meeting.
Following a voice vote, the Moderator declared the meeting adjourned until after the
completion of the Special Town Meeting.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
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SPECIAL TOWN MEETING — MARCH 22, 1999
The March 22, 1999 Special Town Meeting was called to order by Moderator Margery M.
Battin, at 8:36 p.m., in Cary Memorial Hall. A quorum of 168 members was present.
The Town Clerk, Donna M. Hooper, read the Warrant for the Meeting until waived.
The Town Clerk read the Constable's Return of the Warrant.
ARTICLE 1: PORTABLE CLASSROOMS
8:37 p.m. Presented by School Committee member Robin DiGiammarino.
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MOTION: That the sum of $500,000 be appropriated for the purchase of portable
classrooms for the School Department; that to meet this appropriation the Treasurer
with the approval of the Selectmen, is authorized to borrow $500,000 under G.L. c.44
§7; and that the Permanent Building Committee is authorized to take all action
necessary to carry out this project.
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Ms. DiGiammarino explained the request was being made to fund portable classrooms, to be
placed at the Harrington, Bowman, and Fiske elementary schools.
8:41 p.m. Karen Dooks moved that the Report of the Capital Expenditures Committee be
accepted and placed on file. Following a unanimous voice vote, the Moderator declared the
report accepted and placed on file. Ms. Dooks summarized current portable classroom
inventory and that the required 5 additional classrooms were not reimbursable under any state
plan.
8:42 p.m. Ron Pawliczek moved that the Report of the Appropriation Committee be
accepted and placed on file. Following a unanimous voice vote, the Moderator declared the
report accepted and placed on file.
8:43 p.m. Dawn McKenna reported unanimous support of the Board of Selectmen.
8:43 p.m. Following a voice vote, the Moderator declared, with more than the two - thirds
vote required, the MOTION ADOPTED.
8:44 p.m. Selectman Chairman Peter Enrich moved the Special Town Meeting of
March 22, 1999 be dissolved. ADOPTED by voice vote.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
ADJOURNED SESSION OF THE 1999 ANNUAL TOWN MEETING
MARCH 22, 1999
The March 22, 1999 Adjourned Session of the 1999 Annual Town Meeting was called to order
by Moderator Margery M. Battin, at 8:44 p.m., in Cary Memorial Hall. A quorum of 169
members was present.
ARTICLE 3: APPOINTMENTS TO CARY LECTURE SERIES
8:44 p.m. Presented by Selectman Peter Enrich.
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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 Susanna E. Cary for
the current year.
--------------- - - --
8:45 p.m. Following a voice vote at 8:44 p.m., the Moderator declared the motion
ADOPTED.
8:45 p.m. Selectman Peter Enrich presented the following motion:
--------------- - - --
MOTION: That Article 14 be taken up as the first order of business on Wednesday,
March 24, that Article 13 be taken up as the first order of business on Monday, March
29 and that Article 9 be taken up after Article 39.
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8:45 p.m. Ephraim Weiss, pr.5, urged the Selectmen to inform Town Meeting why to
vote in favor of the motion. Mr. Enrich explained reasoning for the article order.
8:47 p.m. David Kanter, pr.7, questioned if the Selectmen have any other revisions to
article order. Mr. Enrich explained the Selectmen will move Article 16 be postponed until
after article 30.
8:48 p.m. Following a voice vote the motion made by Mr. Enrich was ADOPTED.
ARTICLE 4: ZONING BY -LAW, HISTORIC PRESERVATION INCENTIVES
8:44 p.m. Presented by John Davies, Planning Board.
Mr. Davies moved that the report of the Planning Board on Article 4 be accepted and placed
on file. Following a unanimous voice vote, the Moderator declared the report accepted and
placed on file.
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MOTION: That the Zoning By -Law of the Town be amended as set forth in the
motion and attached to the report of the Planning Board and filed with the Town
Clerk.
(MOTION of Planning Board Report):
That the Zoning By -Law be amended by adding a new subparagraph 4.4 HISTORIC
PRESERVATION INCENTIVES, as follows:
"4.4 HISTORIC PRESERVATION INCENTIVES
4.4.1 GENERAL OBJECTIVES
a. Encourage preservation of buildings, structures, sites and settings, and elements of
historical or architectural significance.
b. Establish eligibility criteria for buildings, structures, sites and settings, and elements
attaining protected status under paragraph 4.4.2.
c. Expand economic options for the owner /investor, by broadening the permitted uses in
various zoning districts and removing barriers presented by development standards
governing those permitted uses.
d. Permit the flexibility of development options by modifying dimensional requirements
that might be an impediment to historic preservation.
e. Provide incentives to preserve contributory elements of historic or architectural
significance, such as settings and sites, objects, monuments, trees or other elements.
Adjourned Session —1999 Annual Town Meeting March 22, 1999
4.4.2 HISTORIC ELIGIBILITY DEFINED:
a. Any historic element, as defined below, may qualify for eligibility under
paragraph 4.4.2, Historic Preservation Incentives, if it is included on any
of the following lists or surveys:
1) National Register Of Historic Places
2) State (Commonwealth Of Massachusetts) Register Of Historic
Places
3) Inclusion by the Lexington Historical Commission in its Comprehensive
Cultural Resources Survey, or identification by that Commission of historic
and /or architectural significance and thereby potential inclusion in the
Comprehensive Cultural Resources Survey.
4) Pending nominations in good standing to the National or State
Registers
b. Primary Qualifying Elements shall include the following: buildings, and other
structures and outbuildings located on the property.
c. Secondary Qualifying Elements shall include the following: sites and settings,
objects, monuments, trees or any element of historical, architectural and /or cultural
significance which indicates their contributory value in establishing historical
context.
d. Priority in granting special permits under these historic preservation incentives
shall, in all cases, be placed upon keeping buildings and structures in place,
rather than moving them to other locations, provided that the existing siting can
be shown to represent valid historical setting and context. Moving of buildings,
structures and elements to other locations shall be considered only if no other
preservation measures are practical or reasonable on the existing site, or if the
proposed removal is to return a building, structure or element to an original or
more historically accurate location. The SPGA shall determine the validity of
any such requests.
4.4.3 SPECIAL PERMIT AUTHORIZED: The Board of Appeals, or the Planning Board
where it is authorized to be the special permit granting authority (SPGA), may
grant a special permit to authorize actions that would otherwise not comply with
the provisions of this By -Law and that would allow the renovation, repair, adaptive
reuse or, in limited instances, removal, of historic or architecturally significant
buildings.
a. The following uses, identified by the line in which they appear in Section 4.2 ofthis
By -Law, that are not usually permitted in the districts identified below, may be
allowed in those districts, provided the SPGA makes the findings listed in 4.4.4.:
1.1.13 Residential /Institutional/Agricultural Uses; the conversion of
single- family to two - family residences in the RD, CB and
CLO districts.
2.1.14 the conversion of single - family residences to congregate
living facilities in the CB and CLO districts.
3.1.187 the conversion of municipal buildings to residential use in the
RM, CB and CLO districts.
4.1.21 the creation of Rooming Units in the CB, CLO and CN
districts.
5.1.22 the creation of Accessory Apartments in single - family
residences in the CB and CLO districts.
6.1.23 the creation of Bed and Breakfast Homes in the RT, RM, RD,
CN, CB, and CLO districts.
7.1.24 General Home Occupation Uses with a maximum of one (1)
employee other than an owner occupant and with a maximum
of 4 customers per hour, as an average during the course of
the business day, in all districts.
8.1.25 Professional Office Home Occupation Uses with a maximum
of one (1) employee other than an owner occupant, in all
districts.
9.6.14 Office Uses, Professional Services, in CN districts.
10. 6.15 Advertising/Editing, in CN and CB districts.
11. 6.16 Employment Agency and similar uses, in CN districts.
Adjourned Session —1999 Annual Town Meeting March 22, 1999
12. 6.17 Manufacturer's Representative and similar uses, in CN districts.
13. 6.18 Other Business and Administrative and similar uses, in CN
districts.
14. 7.13 Professional and Business Services, Tailor, Dressmaker And
Shoe Repair, in CLO districts.
15. 7.14 Real Estate Sales or Rental Office, in CS districts.
16. 7.18 Repair of Household Appliances, in CLO districts.
17. 7.28 Private Postal Service, in CB districts.
b. Modifying 6.2, Development Standards for Offices (6.21 — 6.26) and 7.3,
Development Standards for Personal, Business Services (7.31 — 7.32),
provided that any negative impacts to the surrounding area can be feasibly
mitigated.
c. Modifying the standards in Table 2, Schedule Of Dimensional Controls, with
regard to minimum: lot area; lot frontage; front, side and rear setbacks; maximum
percentage of site coverage; and maximum height (stories).
d. Modifying the standards in Section Five (5), Supplementary Use Regulations, sub-
sections 5.2, 5.3, 5.4, 5.5.
e. Modifying the dimensional and intensity controls in Section Seven, 7.1— 7.6, 7.9.1
and 7.9.2.
f. Modifying the landscaping, transition and screening requirements in Section
Ten, 10.3 -10.8.
g. Modifying the off - street parking and loading requirements in Section Eleven,
11.1 — 11.9, inclusive.
4.4.4 FINDINGS REQUIRED: In order to grant a special permit, the SPGA shall
determine:
a. that the uses authorized in 4.4.3. or the modification of standards and
requirements authorized in 4.4.3 b. — g. are necessary to maintain the
historic or architecturally significant building, structure or element on the
site on which it was originally constructed or to relocate it back to such a
site;
b. that the proposed renovation, repair, adaptive reuse or removal preserves,
to the maximum extent feasible, the historical and architectural features of
the building, structure or element, said determination to be made by the
SPGA;
C. failure to grant the special permit is likely to result in inappropriate use
or physical modification or pursuit of a demolition permit; and
d. that the proposed use will not generate negative impacts to the surrounding
area or zoning district or that any negative impacts generated may be
feasibly mitigated.
4.4.5 CONTRIBUTORY LOTS
For one or more lots that do not otherwise qualify under paragraph 4.4.2 above and are
shown on a definitive site development plan submitted by an applicant, the SPGA may
grant a special permit to modify:
1) the standards in Table 2, Schedule Of Dimensional Controls,
2) the standards in Section Five (5), Supplementary Use Regulations,
(entire section, covering the special uses identified),
3) the dimensional and intensity controls in Section Seven, Dimensional
Controls, 7.1 - 7.5,
4) the landscaping, transition and screening requirements in Section Ten,
Landscaping, Transition and Screening Requirements (entire section),
or
5) the off - street parking and loading requirements in Section Eleven, Off -
Street Parking and Loading (entire section)
provided the SPGA makes a finding that such modifications are necessary to make historic
preservation feasible on another lot within the same development on which a historic element,
as defined in subparagraph 4.4.2. is located. The use of one or more lots that do not otherwise
qualify may apply to a conventional or cluster subdivision (see Section 9) or to a two lot
subdivision qualifying for a frontage reduction (see subsection 7.4.5)."
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Adjourned Session —1999 Annual Town Meeting March 22, 1999
8:45 p.m. Mr. Davies explained the Board's reasoning for adoption.
8:54 p.m. Catherine Abbott reported unanimous support of the motion by the Board of
Selectmen.
8:55 p.m. David Kelland, Historic Commission, reported enthusiastic support of the
Historic Commission.
8:55 p.m. Ephraim Weiss, pr. 5, questioned the process by which buildings are listed.
8:55 p.m. John Davies explained some of the approximately 500 additional buildings
which need to be researched and surveyed would potentially be included on the listing. Mr.
Davies, Mr. Weiss, and Mr. Kelland further explained and discussed compilation of the listing
of historic structures.
9:00 P.M. Paul Chernick, pr. 6, questioned section 4.4.4 ( c ) regarding the application of
the word "inappropriate ". Mr. Davies explained the two tests for applicability.
9:01 P.M. Bruce Collier, pr.3, pointed out section 4.4.2 A and its applicability to Mr.
Weiss's concerns.
9:02 p.m. Fred Martin, pr.7, questioned paragraph 4.4.3 and the listing of exceptions and
prohibitions.
9:04 p.m. John Davies explained needed uses which the Planning Board viewed
appropriate. Mr. Martin continued questioning and the possibility of opening a large hole in
the name of historic preservation.
9:05 p.m. John Davies explained these addressed the economic reuse of buildings.
9:05 p.m. Richard Michelson, pr. 8, stated the Historic District area property owners know
their property is in the historic area but questioned how other owners would know their
property qualified or was placed in inventory /on the list. Mr. Davies explained the listing is
available at the Planning Board office or Cary Memorial Library.
9:07 p.m. Neal Boyle, pr. 7, addressed the need to simplify regulations and urged members
to vote against the motion.
9:07 p.m. Kenneth Reich, pr.4, questioned if the motion adds a layer of restrictions to
another class of properties. Mr. Davies explained he didn't believe so and explained why.
9:07 p.m. John Davies explained that the motion does not change existing demolition
requirements or procedures. It is intended to make it easier for building owners to make better
economic use of buildings.
9:11 P.M. Frank Sandy, pr.6, voiced support for the concept and agreement with Neal
Boyle that the by -law is unnecessarily verbose and that the purpose of the article could have
been achieved with more simple guidelines.
9:12 p.m. Sam Silverman, pr.5, expressed his displeasure with section 4.4.3 and
questioned if the consequences could justify the article.
9:14 p.m. Joel Adler, pr. 1, questioned Mr. Davies regarding a demolition request
previously made and denied and the possible affect upon that decision should this by -law
change be enacted. John Davies explained he didn't know the full answer.
9:15 p.m. Joel Adler, pr. 1, questioned if an owner wished financial assistance to re -side
his dwelling would this by -law change make assistance available. Mr. Davies responded "no ".
9:16 p.m. Nyles Barnert, pr.4, explained that voting against this article would not impact a
house being placed on the list, but voting in favor would provide alternatives for building
owners.
9:16 p.m. Following a voice vote, the Moderator declared the motion under Article 4
ADOPTED by more than the two - thirds required vote.
Adjourned Session —1999 Annual Town Meeting March 22, 1999
ARTICLE 5: ZONING BY -LAW, ADJUSTMENTS
SECTION 9, RESIDENTIAL DEVELOPMENTS
9:18 P.M. Presented by Anthony Galaitsis, Planning Board.
Mr. Galaitsis moved that the article be Indefinitely Postponed.
9:18 P.M. Following a voice vote, the Moderator declared the article INDEFINITELY
POSTPONED.
ARTICLE 6: ZONING BY -LAW, TECHNICAL CORRECTIONS
9:18 P.M. Presented by John Davies, Planning Board.
Mr. Davies moved that the report of the Planning board on Article 6 be accepted and placed
on file. Following a unanimous voice vote, the Moderator declared the report accepted and
placed on file.
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MOTION: That the Zoning By -Laws of the Town be amended as set forth in the
motion and attached to the report of the Planning Board and filed with the Town
Clerk.
(MOTION of Planning Board Report):
That the Zoning By -Law be amended in various sections, as follows:
Amendment Al by adding a new section 1.7 as follows:
"1.7 HEADINGS
Headings, subheadings and captions at the head of subsections and paragraphs are for
reference only and are not substantive provisions of the Zoning By -Law. They are not
legally adopted parts of the Zoning By -Law as voted by Town Meeting."
Amendment A2 In Section 2, DEFINITIONS, in the definition STORY by deleting the
words ".... but not including a cellar, a crawl space, ...." so that the definition, as amended,
will read:
STORY: That portion of a building contained between any floor and the floor or roof next
above it or the uppermost portion so contained if under a sloping roof and not accessible,
by an approved stairway, or not designed or intended for human occupancy.
In Section 2, DEFINITIONS, in the definition CELLAR, by deleting the second sentence
which reads: "A cellar shall have a floor -to- ceiling height of seven feet or greater."
In Section 2, DEFINITIONS, in the definition CRAWL SPACE, by deleting the existing
definition and inserting in place thereof the following:
"CRAWL SPACE: A space under a building not designed or intended for human
occupancy or use that provides access to the underside of the building and has a height
between the ground or floor level of the crawl space and the underside of the floor above it
of not more than four feet."
In Section 7, Dimensional Controls, by striking out subparagraph 7.5.5 Parking Within
Building in its entirety and by substituting in place thereof the following:
"7.5.5 CALCULATION OF STORY"
For the purposes of calculating the height of buildings in stories, a story shall not include: a
cellar, a parking level, a crawl space or any other floor area not designed or intended for
human occupancy provided its height is not more than four feet above the lower elevation as
described in subparagraph 7.5.1.a. In the case of a sloping site, the height of such floor area
above the lower elevation may be calculated using the procedure in subparagraph 7.5.3.
Average Height Of Building. Where different parts of the space below the first floor would
be classified as a crawl space, a cellar, or a basement, the number of stories shall be
calculated as if the classification of space that comprises the greatest percentage of area
covered the entire space below the first floor."
Adjourned Session —1999 Annual Town Meeting March 22, 1999
Amendment A -3 In Section 2, Definitions, by deleting the definitions, TEMPORARY
STRUCTURE and TEMPORARY USE, and by adding a new subsection 3.1.5 as follows:
"3.1.5. PERMITS FOR TEMPORARY USES
3.1.5.1. TEMPORARY USE
A building permit or certificate of occupancy may be granted for a temporary use where
authorized by this by -law. A special permit for a temporary use may be granted by the
Special Permit Granting Authority or a permit for a temporary use may be issued by the
Zoning Officer for a specific period of time that is consistent with the needs of the
proposed use. No temporary use is permitted without a written permit for a time period
prescribed by the SPGA or the Zoning Officer or as set forth in this By -Law.
3.1.5.2 TERMINOLOGY - TEMPORARY
The term temporary use in this context shall mean use, operation or occupancy of a parcel
of land, building or structure, off - street parking, a sign, or outdoor lighting where the intent
and the nature of the installation is not permanent and it will be removed or discontinued
after the temporary use. A temporary use may be recurrent provided it is for a time period
of not more than one month and the time between the issuance of permits for a recurrent
temporary use is at least two months.
3.1.5.3 TIME PERIOD FOR A TEMPORARY USE
The time period for which a permit for a temporary use is issued may vary depending on
the needs of the proposed use. The maximum time period for uses permitted by right as
provided elsewhere in this By -Law shall be two years. The maximum time period for which
the Zoning Officer may issue a permit for a temporary use shall be three months. The
maximum time period for which the Board of Appeals may grant a special permit for a
temporary use shall be two years.
The Board of Appeals or the Zoning Officer may disapprove the issuance of a permit for a
temporary use if either the Board or the Zoning Officer determines that a permit for such
use:
a. has been issued previously for long periods of time,
b. the use is recurrent for long periods of time,
C. would have the effect of allowing a use that would not otherwise be
permitted by Table 1, Permitted Uses, or
d. is inconsistent with the purpose of the zoning district in which it is located,
as described in paragraph 1.2.3., or with other specific purposes or
objectives of zoning, as set forth in this By -Law.
3.1.5.4 EXTENSION OF T PERIOD FOR A TEMPORARY USE
The Board of Appeals may grant a special permit for a temporary use to be extended
beyond the maximum time period specified above or elsewhere in this By -Law provided:
a. only one such extension may be granted,
b. the period of the extension is not more than one additional year,
C. the Board of Appeals determines that granting the extension:
1) does not allow a use that would not otherwise be permitted by Table 1,
Permitted Uses, and
2) is consistent with the purpose of the zoning district in which it is
located, as described in paragraph 1.2.3., or with other specific purposes
or objectives of zoning, as set forth in this By -Law, and
d. there is no relaxation during the period of the extension of the dimensional
and other standards referred to in subparagraph 3.1.5.5.
A permit for temporary uses that are permitted by right, as provided elsewhere in this By-
Law, may be extended but only upon the granting of a special permit by the Board of
Appeals.
3.1.5.5. RELAXATION OF DIMENSIONAL AND OTHER STANDARDS
A permit for a temporary use, whether granted by the Zoning Officer or the SPGA, may
authorize a temporary relaxation of the dimensional standards set forth in Table 2,
Schedule of Dimensional Controls, where it can be demonstrated it is not feasible or
practicable to comply with those standards. In the case where the installation of a
temporary dwelling (see Section 4.2, Table 1, line 1.17) or a temporary building incidental
to the construction or reconstruction of a building (see Section 4.2, Table 1, lines 5.21 and
16.12) would result in a greater floor area ratio or a percentage of site coverage greater
Adjourned Session —1999 Annual Town Meeting March 22, 1999
than authorized by Table 2, the amount of floor space occupied shall not exceed the
maximum floor area ratio for the district.
A temporary use may not be required to comply with the standards in Section 10 for
Landscaping, Transition and Screening or in Section 11, Off - Street Parking and Loading.
Nothing in this subsection shall reduce the authority of the Board of Appeals to attach
conditions and limitations, as described in paragraph 3.3.3., to its grant of a special permit.
3.1.5.6. APPEAL OF PERMIT FOR TEMPORARY USE GRANTED BY ZONING
OFFICER
An interested person who believes the permit for temporary use issued by the Zoning
Officer is inconsistent with the purposes of the zoning district in which it is located, as
described in subparagraph 1.2.3., or with other specific purposes or objectives of zoning, as
set forth in this By -Law, may appeal the action of the Zoning Officer following the
procedures set forth in subsection 3.2 of this By- Law."
In 4.2 TABLE 1 PERMITTED USES AND DEVELOPMENT STANDARDS:
a. In line 1.17 by deleting the words "... to be erected for a period of not more than
one year. ...." and .......; may be located in a required yard setback if not otherwise
feasible to locate on the lot ...." and by adding the words "(See subsection 3.1.5)"
at the end so that the line, as amended, will read:
"Temporary dwelling, which may include a mobile home to replace a
permanent dwelling which has been damaged or destroyed by fire, natural
catastrophe, or by demolition or substantial reconstruction. (See subsection
3.1.5)"
b. In line 5.21 by deleting the words "....for a period not to exceed two years
provided a non - renewable permit is granted by the building commissioner....." and
by adding the words "(See subsection 3.1.5)" at the end: so that the line, as
amended, will read:
"Temporary building(s) or trailer(s) incidental to the construction of a building
or land development. (See subsection 3.1.5)"
C. In line 5.22 by deleting the words "....and the time period of the special permit is
not greater than two years....." and by adding the words "(See subsection 3.1.5)"
at the end, so that the line, as amended, will read:
"Temporary structures and uses not otherwise permitted in the district
provided the SPGA makes a finding that the proposed structure or use is
compatible with the neighborhood. (See subsection 3.1.5)"
d. In line 16.12 by deleting the words "....development for a period not to exceed two
years provided a non - renewable permit is granted by the building commissioner...."
and by adding the words "(See subsection 3.1.5)" at the end so that the line, as
amended, will read:
"Temporary building(s) or trailer(s) incidental to the construction of a building
or land. (See subsection 3.1.5)"
e. In line 17.1 by adding the words "(See subsection 3.1.5)" at the end.
Amendment A4 In Section 7.4.5.2.b at the end of the paragraph by deleting:
1. the conveyance of the fee, or other interest, in land within the proposed subdivision to
the Town for use for conservation, recreation, or other public purpose;
2. the provision of improvements within the right -of -way of the street, that provides the
frontage, or of improvements to public facilities near the proposed subdivision. Such
improvements may include, but are not limited to, the initial construction, expansion or
rehabilitation of the type of improvements and services described in Section 3.6,
Required Improvements, of the Development Regulations and the maintenance or
restoration of buildings and places of historic or architectural significance;
3. limitations on the use or design of buildings or the site as described in Section 2.4.3,
Documents, Exhibits, of the Development Regulations;
4. in lieu of the provision of improvements within or near the right -of -way, or the transfer
of interests in land within the proposed subdivision, the Planning Board may consider a
financial contribution to a Town fund for any of the purposes identified in 1) through 3)
above."
and inserting in place thereof the following: "the public benefits listed in subsection 9.6.4.1
subparagraphs 1) — 3), and subparagraphs a. through 1." so that the sentence, as amended will
Adjourned Session —1999 Annual Town Meeting March 22, 1999
read "In determining whether a proposal by the applicant may benefit either the adjacent
neighborhood or the town generally, the Planning Board may consider the public benefits listed
in subsection 9.6.4.1 subparagraphs 1) — 3), and subparagraphs a. through 1."
Amendment A5 In Section 7, Dimensional Controls, by deleting section 7.6, Basement
Floor Elevations, and by inserting in place thereof "Section 7.6 (Reserved) ".
Amendment A6 in section 14.2. in the first paragraph by inserting "14.2.1 APPLICABILITY'
at the beginning of the paragraph and by deleting the word "or" at the end of subparagraph a,
by redesignating the existing paragraph "b" to be "c" and by inserting a new subparagraph b. as
follows:
"b. townhouses, three - family and four - family dwellings (see Definitions); or"
Amendment A7 In Subsection 15.3 Location Of Facilities as approved in the motion made
under Article 32 Wireless Communication Facilities of the 1997 Annual Town Meeting, by
striking out subparagraphs 15.3.3.3 Municipally Owned Land in Residential Districts and
15.3.3.4 Municipally Owned Land in Commercial Districts and by renumbering subparagraph
15.3.3.5 Uses In Commercial Districts and all cross references thereto to be subparagraph
15.3.3.3.
Amendment A8
(1) In Section 15.2.2, Terminology, in the definition of "TOWER ", by adding commas
after "receiving" and after "relaying ";
(2) by adding a new sentence at the end of the definition of "TOWER" as follows:
"Components of the wireless communication facility used only to attach or support
other elements of that facility are excluded provided such components are relatively
less substantial than those other elements and do not materially affect a dimension of
that facility. ";
(3) In Section 15.4.2, Setbacks, in the second sentence, by inserting a new third sentence
as follows:
"However, if the antenna is being attached to an existing tower whose setback is
already approved— either by right, by special permit or by variance —and, if the SPGA
determines that the addition of the antenna does not materially alter the basis of that
prior approval, then no new, independent, setback requirement shall be created by the
addition of the antenna."
--------------------------------
9:20 p.m. The Moderator explained that the article is divisible, if so moved.
John Davies moved that Amendment A -3 be separated out.
Alan Lazarus, pr.6, moved that Amendment A -6 be separated out.
Selectman Dawn McKenna moved that Amendment A -2 be separated out.
9:21 p.m. Following a voice vote on the motions to separate out Amendments A -2, A -3
and A -6 the Moderator declared the motion ADOPTED and those Amendments to be voted
separately from Article 6 Amendments A- 1,A- 4,A -5,A -7 and A -8.
9:22 p.m. John Davies summarized Amendments 1,4,5,7,8 to be voted under Article 6.
9:24 p.m. Dawn McKenna reported unanimous support of the Board of Selectmen on
Amendments A -1, A -4, A -5, A -7, A -8.
9:24 p.m. Following a voice vote, the Moderator declared the vote unanimous and
Amendments A -1, A -4, A -5, A -7 and A -8 ADOPTED.
9:24 p.m. John Davies, Planning Board, explained Article 6, Amendment A -2.
9:26 p.m. Dawn McKenna explained the request was made to separate out this
Amendment as it is viewed as more than a minor By -Law correction. Ms.
McKenna explained the Board of Selectmen had not yet voted on this
Amendment.
9:27 p.m. Peter Kelley, pr.4, spoke in opposition to Amendment A -2 and of the
inconsistencies in definitions for space below the first floor.
9:29 p.m. Richard Canale, pr.9, spoke in support.
9:29 p.m. Following a voice vote, the Moderator called for a standing vote on Article 6,
Amendment A -2 as this motion requires a two - thirds vote. The standing vote
Adjourned Session —1999 Annual Town Meeting March 22, 1999
is tallied as follows:
Precinct Yes No Abstain
1 8 8 -
2 7 6 -
3 11 4 -
4 6 7 -
5 5 11 -
6 13 3 -
7 8 6 -
8 11 2 -
9 6 8 -
At -Large 14 4
TOTAL 89 59 -
9:34 p.m. Less than the required two - thirds vote, the Moderator declared Article 6,
Amendment A -2 NOT ADOPTED.
9:35 p.m. John Davies, Planning Board, explained the intent and use of "temporary" in
Article 6, Amendment A -3. He further explained that the wording is much
better than the existing by -law, though not perfect.
9:36 p.m. Dawn McKenna explained that the Selectmen had not yet taken a position on
this Amendment, and questioned the use of the word "temporary ".
9:37 p.m. Having seen no other questions, the Moderator declared a one - minute recess to
allow the Selectmen to caucus.
9:38 p.m. Dawn McKenna reported the Board of Selectmen supported Amendment A -3
on a 4 — 1 vote.
9:38 p.m. Following a voice vote on Article 6, Amendment A -3, the Moderator
declared more than the two - thirds vote required that the motion is
ADOPTED.
9:38 p.m. John Davies, Planning Board, explained the intent of Article 6, Amendment
A -6 and explained that the provisions had been inadvertently omitted from by-
law changes in 1998 for outdoor lighting for 3 and 4 family buildings.
9:40 p.m. John Willson, pr.6, served Notice of Reconsideration on Article 6,
Amendment A -2.
9:40 p.m. Alan Lazarus, pr.6, spoke in opposition to A -6.
9:41 p.m. David Kanter, pr.7, spoke in favor of A -6.
9:42 p.m. Paul Chernick, pr.6, spoke in opposition to A -6.
9:44 p.m. Following a voice vote, the Moderator called for a standing vote on
Article 6, Amendment A -6, tallied as follows:
Precinct Yes No Abstain
1 4 14 -
2 2 9 -
3 12 3 -
4 9 5 -
5 2 15 -
6 2 15 -
7 12 4 -
8 4 14 -
9 0 14 -
At -Large 14 5
TOTAL 61 98 -
9:48 p.m. With less than the required two - thirds vote, the Moderator declared the motion
under Article 6, Amendment A -6 NOT ADOPTED.
ARTICLE 7: ZONING BY -LAW, PROCEDURES
SECTION 8, SPECIAL ZONING DISTRICTS
9:49 p.m. Presented by Anthony Galaitsis, Planning Board. Mr. Galaitsis moved that the
Adjourned Session —1999 Annual Town Meeting March 22, 1999
report of the Planning board on Article 7 be accepted and placed on file. Following a
unanimous voice vote, the Moderator declared the report accepted and placed on file.
--------------------------------
MOTION: That the Zoning By -Laws of the Town be amended as set forth in the
motion and attached to the report of the Planning Board and filed with the Town
Clerk.
(MOTION of Planning Board Report):
That the Zoning By -Law be amended in various sections, as follows:
Amendment A -1 (This was previously Article A -2 in the January 15 draft.)
In subsection 8.4 Rezoning Provisions Applicable To Both CD And RD Districts, by adding a
new subparagraph 8.4.4. as follows:
"8.4.4 AMENDMENTS TO THE PSDUP APPROVED BY AN EARLIER TOWN
MEETING
The preliminary site development and use plan for an existing planned development district
that was approved by an earlier Town Meeting may be amended. The proposed
amendments shall be presented and acted upon in the same manner set forth in this section
for an original petition."
Amendment A -2 (This was previously Article A -3 in the January 15 draft.)
In subparagraph 8.5.2 Special Permit Provisions, by deleting the existing subparagraph "d"
and by inserting in place thereof:
"d. The SPGA may, in its discretion, permit revisions from the preliminary site
development and use plan approved by Town Meeting provided they do not conflict
with the provisions of the text of such plan. Such revisions shall generally be limited
to the location of the building(s) and changes in the site plan."
In subparagraph 8.5.4 Revision Of Special Permit, by striking out the existing paragraph and
by inserting in place thereof the following:
"Subsequent to an SPS granted by the SPGA, revisions may be made from time to time in
accordance with applicable laws, by -laws, and regulations, but the commercial or
residential development approved under such SPS shall otherwise be in accordance with
the preliminary site development and use plan approved by the Town Meeting."
---------------------------------
9:49 p.m. Mr. Galaitsis explained Article 7, Amendments A -1 & A -2.
9:49 p.m. Dawn McKenna reported unanimous support of the Board of Selectmen for
this article.
9:54 p.m. Following a voice vote, the Moderator declared the vote unanimous and the
motion ADOPTED.
ARTICLE 8: ZONING BY -LAW, AUTOMATIC TELLER MACHINES
9:55 p.m. Presented by Andrew Friedlich, pr. 5.
----------------------------
MOTION: To see if the town will vote to amend the Zoning By -Law of the Town of
Lexington, as follows: In Section 4.2, Table 1, Permitted Uses and Development
Standards, Part B, Commercial Uses, in line 7.15a under the description ofthe uses, by
striking out the word "external," and adding at the end of the line "which may be either
a principal use or an accessory use," and under the column headed by CN by striking
out the letter "N" and inserting the letters "SP "; or act in any other manner in relation
thereto.
--------------------- - - - - --
9:55 p.m. The Moderator recognized Ms. Deirdre W. Niemann to present the article. Ms.
Niemann explained the intent of the article and reasons for support.
9:58 p.m. The Moderator recognized Mr. Scott McKay who also spoke in support ofthe
article and of the need for Automatic Teller Machines in the neighborhoods.
9:59 p.m. Stacey P. Bridge - Denzak moved that the report of the Planning Board on
Adjourned Session —1999 Annual Town Meeting March 22, 1999
Article 8 be accepted and placed on file. Following a voice vote, the Moderator declared the
report accepted and placed on file.
Ms. Bridge - Denzak, Planning Board, reported the Board's support of the article.
10:01 P.M. Elizabeth Eddison reported unanimous support of the Board of Selectmen.
10:01 P.M. David Williams, pr.5, spoke in opposition.
10:03 p.m. Ephraim Weiss, pr.5, spoke in opposition of the article, citing increased
intensity of use of the neighborhoods.
10:04 p.m. Following a voice vote, the Moderator declared that with more than the two -
thirds vote required the motion is ADOPTED.
10:05 p.m. David Williams, pr.5, served Notice of Reconsideration on Article 8.
ARTICLE 10: ZONING BY-LAW, 16 HAYDEN AVE
AMENDMENT TO CD DISTRICT #8
10:05 p.m. Presented by Caleb Warner, pr.3.
----------------------------
MOTION: That the Zoning By Law be amended in the Preliminary Site
Development and Use Plan for 16 Hayden Avenue, Planned Commercial District #8
adopted by Town Meeting on April 16, 1997 as Warrant Article 28, by amending
Section 4, the Table of Development Data, subsection 9, to change the number of
required off street parking spaces from 144 to 139 and by revising Sheets #1, 3 and 4
of the Preliminary Site Development and Use Plan to change the number of required
off street parking spaces from 144 to 139 whenever shown on said sheets.
---------------------------
10:05 p.m. The Moderator recognized Mr. Larry Smith who explained the Article.
10:11 P.M. Anthony Galaitsis moved that the Planning Board report on Article 10 be
accepted and placed on file. Following a unanimous voice vote, the Moderator
declared the report accepted and placed on file.
Mr. Galaitsis further expressed support of the Planning Board for the Article.
10:13 p.m. Elizabeth Eddison report unanimous support of the Board of Selectmen for the
Article.
10:14 p.m. William Frawley, pr.3, spoke on the building area change.
10:14 p.m. Carol Grodzins, pr.3, spoke in opposition on behalf of herself and fellow
precinct 3 town meeting member Marjorie Madoff.
10:16 p.m. William Simmons, pr.6, spoke in favor.
10:17 p.m. Elaine Dratch, pr.5, spoke in opposition and questioned the number of MRI
machines at Symmes Hospital. Mr. Smith requested that Dr. Richard Zangara
of Lexington Medical Associates be recognized to respond.
Dr. Zangara responded.
10:19 P.M. Elaine Dratch, pr.5, also commented on additional personnel to be on -site, and
net loss in parking spaces.
10:19 P.M. Jacqueline Davison, pr.3, inquired about and commented on the facility's name.
Mr. Smith explained planned signage for the facility.
10:21 p.m. Neal Boyle, pr.7, questioned the process by which this request has undergone
to reach to Town Meeting and his opinion that the request should have been
addressed by the Board of Appeals and not brought to Town Meeting.
Mr. Smith explained that the Board of Appeals has authority to approve minor
Adjourned Session —1999 Annual Town Meeting March 22, 1999
deviations from Town Meeting approved plans and that the elimination of 5
parking spaces was viewed as not being minor.
10:25 p.m. Joel Adler, pr.l, spoke in favor of the Article and attested to the valuable
contribution of MRI machines in detecting health issues.
10:26 p.m. Following a voice vote, the Moderator declared the motion under Article 10
ADOPTED, with more than the required two - thirds vote.
ARTICLE 11: ZONING BY -LAW, WIRELESS COMMUNICATIONS
MULTI - FAMILY DWELLINGS
10:27 p.m. Anne Ripley, pr.6, moved that this Article be Indefinitely Postponed.
10:27 p.m. Following a voice vote, the Moderator declared Article 11 INDEFINITELY
POSTPONED.
ARTICLE 12: ZONING BY -LAW, WIRELESS COMMUNICATIONS
SETBACKS IN RESIDENTIAL DISTRICTS
10:27 p.m. Anne Ripley, pr.6, moved that this Article be Indefinitely Postponed.
10:27 p.m. Following a voice vote, the Moderator declared Article 12 INDEFINITELY
POSTPONED.
10:28 p.m. The Moderator explained that at the March 24 session, the meeting would
take up Article 14, 15, 16 (proposed indefinite postponement), 17 (proposed
indefinite postponement), 18, 19, and 21. Article 13 will be taken up as the
first order of business on March 29.
10:28 p.m. Peter Enrich, Chairman of the Board of Selectmen, moved that the meeting be
adjourned until Wednesday, March 24, 1999 at 8:00 p.m., at Cary Memorial
Hall.
Adopted by voice vote. 10:28 p.m..
A true copy.
Attest:
Donna M. Hooper, Town Clerk