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2009 Special Town Meeting <br /> November 9,2009 <br /> (See Warrant File for Warrant) <br /> The first session of the fall 2009 Special Town Meeting was called to order by Moderator <br /> Deborah J. Brown at 7:30 p.m.,Monday,November 9,2009,Cary Memorial Hall;a quorum of <br /> 173 present. <br /> Town Clerk Donna M.Hooper read the Warrant for the Meeting until waived. The Town Clerk <br /> read the Constable's Return of the Warrant. <br /> 7:43 p.m. The Moderator called for a brief recess for announcements by Town Meeting <br /> Members Association and plans for a voluntary vote recording plan by the TMMA. <br /> The Moderator outlined procedural matters and plans for upcoming sessions,and declared the <br /> meeting open under Article 1 for the duration of the meeting. <br /> ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES <br /> 7:51 p.m. Alan Levine,pr. 8,moved the report of the Appropriation committee be <br /> received&placed on file. Adopted Unanimously. <br /> 7:52 p.m. Charles Lamb,pr.4,moved the report of the Capital Expenditures Committee <br /> be received and placed on file. Adopted Unanimously. <br /> 7:53 p.m. Presented by John Rosenberg,pr.4. <br /> ARTICLE 2: ZONING BY-LAW—AMENDMENT TO PRELIMINARY SITE <br /> DEVELOPMENT AND USE PLAN, LEXINGTON TECHNOLOGY PARK, <br /> 125, 131 AND 141 SPRING STREET (N/K/A 125 SPRING STREET, 200, <br /> 300, 400 AND 500 PATRIOT WAY) CD-10 DISTRICT <br /> MOTION: That the Preliminary Site Development and Use Plan adopted as part of the CD <br /> Planned Commercial District at the May 2004 Town Meeting for the property known as <br /> "Lexington Technology Park"be amended in accordance with the Amended Preliminary Site <br /> Development and Use Plan (Amended PSDUP)originally filed with the Town Clerk and the <br /> Planning Board on June 22, 2009 and revised and refilled on October 30, 2009. <br /> 7:54 p.m. The Moderator recognized Patriot Partners representatives Bob Buckley and <br /> Steve Rice for the presentation. Mr.Buckley and Mr.Rice reviewed plans. <br /> 8:11 p.m. Gregory Zurlo moved the report of the Planning Board on Article 2 be received <br /> and placed on file. Adopted Unanimously. <br /> Mr.Zurlo reported the Planning Board recommends passage of the motion <br /> (3 in favor, 1 in opposition, 1 recusal by Richard Canale). <br /> 8:15 p.m. Richard Canale,pr.9,spoke on his role in the process as a Shade St resident and <br /> his recusal as a Planning Board member. <br /> 8:18 p.m. Selectman Peter Kelley reported unanimous support of the Board of Selectmen. <br /> 8:23 p.m. Richard Eurich reported support of the Appropriation Committee(9-0) <br /> 8:24 p.m. Sheryl Mahoney,pr.7,Vice Chairperson,reported support of the <br /> Economic Development Advisory Committee. <br /> 8:28 p.m. Sara Arnold,reported support of the Transportation Advisory Committee. <br /> 8:31 p.m. Town Manager Carl Valente responded to questions on the mitigation agreement. <br /> 8:32 p.m. Mary Jo Bohart reported the support of the Chamber of Commerce. <br /> 8:35 p.m. Thomas Fenn,pr.9,spoke in opposition and of noise covenant enforcement needs. <br /> 8:38 p.m. David Kanter,pr.7,questioned noise correction measures and obligation. Patriot <br /> Partners representative Steve Rice stated this to be a condition of the special permit. <br /> 8:37 p.m. Kevin Johnson reported support of the South Lexington Civic Association. <br /> 8:42 p.m. Victoria Blier,pr.9,spoke in support. <br /> 8:45 p.m. Tanya Morrisett,pr.4,questioned public transportation usage by staff of Patriot <br /> Partners and Lexingtonians employed at Patriot Partners. Steve Rice responded. <br /> 8:47 p.m. Deborah Mauger,pr.8,questioned traffic mitigation. <br /> Traffic Consultant Rick Bryant responded. <br /> 8:49 p.m. Steve Kropper,pr.2,spoke in opposition. <br /> 8:51 p.m. Deborah Strod,pr.6,questioned noise abatement. <br /> 8:52 p.m. Victoria Blier,pr.9,spoke further. <br /> 8:54 p.m. John Krawczyk,pr.4,questioned sound mitigation recourse. <br /> Steve Rice further stated commitment of Patriot Partners to fix the problem. <br />