HomeMy WebLinkAbout2008-03-19 to 2008-05-05-ATM-min 2008 Annual Town Meeting
March 19,2008
(See Warrant File for Warrant)
The first session of the 2008 Annual Town Meeting was called to order by Moderator Margery
M.Battin at 7:30 p.m.,Wednesday,March 19,2008,Cary Memorial Hall. A quorum of 178
members was present.
The Lexington Minutemen,accompanied by the William Diamond Fife and Drum Corps,
posted the colors. The invocation was offered by Rabbi Howard Jaffe,Temple Isaiah.
Town Clerk Donna M.Hooper read the Warrant for the Meeting until waived. The Town
Clerk read the Constable's Return of the Warrant.
The Moderator honored town meeting members who passed away during the past year. The
Moderator reviewed procedural matters and explained the meeting would not convene on April
2,April 16 or April 18. The Moderator declared the meeting open under Article 2,and would
be for the duration of the meeting.
ARTICLE 2: REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES
John Rosenberg moved the Report of the Cary Lectures Committee be accepted and placed on
file. Unanimously Adopted. Mr.Rosenberg presented the Committee's report.
Selectman Jeanne Krieger explained planned articles to be voted this evening. Selectman
Krieger moved the Report of the Town Manager be accepted and placed on file. Town
Manager Carl Valente presented an overview of the 2009 budget. Public Facilities Director
Patrick Goddard presented a report on the newly established Department of Public Facilities.
Unanimously Adopted.
School Committee Chairman Thomas Diaz moved the Report of the Superintendent of Schools
be accepted and placed on file. Superintendent Paul Ash reported. Unanimously Adopted.
Marjorie Daggett,pr.5,requested the Moderator recognize the Superintendent of the
Minuteman Vocational School. Superintendent Edward Bouquillon reported.
9:44 p.m. Presented by Selectman Jeanne Krieger.
ARTICLE 3: APPOINTMENTS TO CARY LECTURE SERIES
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 Suzanna E.
Cary for the current year. Motion Adopted.
9:45 p.m. Selectman George Burnell moved Article 31 be taken up. Unanimously Adopted.
ARTICLE 31: AMEND GENERAL BYLAW—AUTHORITY TO ISSUE TRENCH
EXCAVATION PERMITS
MOTION: That Chapter 100 of the Code of the Town of Lexington be amended
by adding a new sentence after the first sentence of§ 100-2.E,as follows:
"The Town Manager shall designate a Board or Officer of the Town to issue permits
to excavate trenches,other than those permitted under the first sentence herein,
pursuant to and as regulated by Chapter 82A of the Massachusetts General Laws,as
amended,and under 520 CMR 14.00."
and further that nonsubstantive 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.
Mr.Burnell reported the support of the Board of Selectmen. Unanimously Adopted.
9:47 p.m. Patrick Mehr,pr.3,moved Article 37 be taken up. Unanimously Adopted.
ARTICLE 37: AMEND CODE FOR FEES TO REMOVE PROTECTED
TREES (CITIZENS'PETITION)
MOTION: That§120-8 B. (1)of Chapter 120 of the Code of the Town of
Lexington be amended by adding at the end thereof the following sentence:
"Such fee shall be at least five dollars($5)per DBH inch of protected tree to be
removed."
and further that nonsubstantive changes to the numbering of this bylaw be permitted
in order that it be in compliance with the numbering format of the Code of the Town
of Lexington.
2008 Annual Town Meeting—March 19, 2008 continued...
9:47 p.m. Mr.Mehr summarized requested action and justification.
9:52 p.m. Jeanne Krieger reported opposition by a majority of the Board of Selectmen.
9:54 p.m. Deborah Brown,pr.7,reported the support of the Appropriation Committee.
9:55 p.m. James Wood,pr.7,reported the support of the Tree Committee.
9:56 p.m. Mr.Mehr responded to questions regarding tree removal procedures and the
fund into which fees are deposited.
9:59 p.m. Mrs.Krieger responded to questions on bylaw enforcement.
10:01 p.m. Tree Committee member John Frey spoke from the audience and reported the
Committee took no position on the Article. Motion Adopted
10:02 p.m. Selectman George Burnell moved Article 39 be taken up. Motion Adopted.
ARTICLE 39: AMEND GENERAL BYLAW—TOURISM COMMITTEE
MOTION: That Chapter 39 of the Code of the Town of Lexington be amended as
set forth in the Article,and further that nonsubstantive 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.
[WARRANT TEXT: To see if the Town will vote to amend the vote passed
under Article 14 of the warrant for the 2007 Annual Town Meeting(Tourism
Committee)by changing the Article Number in Chapter 29 of the Code of the Town
of Lexington from"VII"to"VIII"and the Section Numbers from"§29-23 and§29-
24"to"§29-28 and§29-29";or act in any other manner in relation thereto.]
10:02 p.m. Mr.Burnell reported the support of the Board of Selectmen.
Unanimously Adopted.
10:03 p.m. Selectman George Burnell moved Article 44 be taken up.Unanimously Adopted.
ARTICLE 44: RECONFIRM VOTES PETITIONING THE GENERAL COURT
MOTION: That the Town vote to reconfirm the votes set forth in the Article
authorizing the Selectmen to petition the General Court for the acts as indicated.
[WARRANT TEXT: To see if the Town will vote to reconfirm the following votes authorizing
the Selectmen to petition the General Court for certain Acts:
a. Vote under Article 14 of the warrant for the 2005 Annual Town Meeting
(Municipal Lighting Plant);
b. Vote under Article 11 of the warrant for the 2006 Annual Town Meeting
(Amend Referendum Provisions of Chapter 215 of the Acts of 1929);
c. Vote under Article 8 of the warrant for the 2007 Annual Town Meeting(Amend
Notice Provisions of Chapter 215 of the Acts of 1929);
d. Vote under Article 23 of the warrant for the 2007 Annual Town Meeting
(Income Limits for Real Property Tax Deferrals);
Or act in any other manner in relation thereto.]
10:06 p.m. Mr.Burnell reported support of the Board of Selectmen.
10:06 p.m. Alan Levine,pr.8,reported unanimous support of Appropriation Committee.
Unanimously Adopted.
10:07 p.m. Selectman George Burnell moved Article 46 be taken up. Motion Adopted.
ARTICLE 46: ACCEPT GIFT OF LAND—SCHUMACHER FAMILY
MOTION: That the Town accept the gift of land described in the Article.
[WARRANT TEXT: To see if the Town will vote to accept a gift of a lot shown as Lot 84 on
Assessors' Property Map 51 containing 300 square feet and bordering Route 128 from Ellen
Schumacher Schadegg and Mary Schumacher Megson;or act in any other manner in relation
thereto.]
10:07 p.m. Mr.Burnell reported the support of the Board of Selectmen.
Unanimously Adopted.
10:08 p.m. George Burnell moved Article 47 be taken up. Motion Adopted.
10:09 p.m. David Kanter,pr.7,served Notice of Reconsideration of Article 46.
2008 Annual Town Meeting—March 19, 2008 continued...
10:09 p.m. Presented by Selectman George Burnell.
ARTICLE 47: ACCEPT GIFT OF LAND—WHEATON FAMILY
MOTION: That the Town accept the gift of land described in the Article.
[WARRANT TEXT: To see if the Town will vote to accept a gift of a lot shown as Lot 59 Assessors'
Property Map 29 containing 4,000 square feet and bordering the paper street portion of Arcola Street
from Graydon and Iris Wheaton;or act in any other manner in relation thereto.]
10:10 p.m. Mr.Burnell reported the support of the Board of Selectmen.
10:10 p.m. David Kanter questioned environmental liability and responsibility of the Town.
10:10 p.m. Town Manager Carl Valente reported no known issues with the Schumacher
property and no discussion of liability with the Article 47 property. Town Counsel
William Lahey addressed legal possibilities on environmental liabilities.
10:13 p.m. Patrick Mehr,pr.3,questioned policies on small parcels donated to the Town.
Town Manager Carl Valente reported there was no policy on accepting small parcels.
10:15 p.m. David Kanter,pr.7,reiterated his concerns on liability and urged voting against.
10:17 p.m. Following a voice vote the Moderator declared the Motion Adopted.
10:17.p.m. Selectman Jeanne Krieger moved the meeting be adjourned until Monday,
March 24,2008,7:30 p.m.,Cary Memorial Hall. Motion Adopted.
A true copy.
Attest:
Donna M.Hooper,Town Clerk
March 24,2008 Adjourned Session of the 2008 Annual Town Meeting
The Moderator declared the second session of the 2008 Annual Town Meeting in session,
Monday,March 24,2008 at 7:30 p.m.,Cary Memorial Hall. A quorum of 175 members was
present.
ARTICLE 2: REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES
7:30 p.m. Alan Levine,Chairman,moved the report of the Appropriation Committee be
accepted and placed on file. Mr.Levine presented his report. Unanimously Adopted.
7:46 p.m. Thomas Diaz,pr.3,moved the report of the School Financial Review
Committee be accepted and placed on file and that co-chair Jennifer Hewett
be recognized. Ms.Hewett presented the report of the Committee.
Unanimously Adopted.
7:52 p.m. Selectman Hank Manz moved Article 24 be taken up. Unanimously Adopted.
ARTICLE 24: ESTABLISH AND APPROPRIATE TO SPECIFIED
STABILIZATION FUNDS
MOTION:
a) That a Special Education Stabilization Fund be created in accordance with
M.G.L.Chapter 40,Section 5B,and
b) That appropriations to the following stabilization funds be made from the
sources and in the amounts specified.
1) $65,093 be appropriated to the Transportation Demand Management/
Public Transportation Stabilization Fund,and to meet this appropriation
$65,093 be transferred from the Lexpress Transportation Demand
Management Special Revenue Account
2) $350,000 be appropriated to the Special Education Stabilization Fund,
and to meet this appropriation$350,000 be transferred from line item
1100 of the FY2008 budget appropriated under Article 21 of the 2007
Annual Town Meeting.
7:54 p.m. Deborah Brown,pr.7,reported the unanimous support of the Appropriation
Committee. Chairman Thomas Diaz,pr.3,reported the support of the School
Committee(4-0)
7:56 p.m. Unanimously Adopted.
Alan Levine,pr.8,served notice of reconsideration on Article 24.
2008 Annual Town Meeting—March 24, 2008 continued...
7:56 p.m. Presented by Selectman Jeanne Krieger.
ARTICLE 4: APPROPRIATE FY 2009 OPERATING BUDGET
The Moderator summarized procedures.
7:58 p.m. Patrick Mehr,pr.3,questioned opposition to the school budget and reported his
intent to divide out line items.
8:01 p.m. School Committee Chairman Thomas Diaz,pr.3,presented remarks.
8:08 p.m. School Committee member Ravi Sakhuja,pr.7,spoke on full day kindergarten
and available METCO funds.
8:13 p.m. Pam Hoffman,Appropriation Committee,spoke on the school budget,cost
savings from newly implemented in-house programs,METCO,and that the
Appropriation Committee is comfortable with the financing plan for full-day
kindergarten,and the unanimous approval of the Appropriation Committee.
8:14 p.m. Patrick Mehr,pr.3,moved:
MOTION: Line item 1100 Lexington Public Schools and the transfer of
$65,000 from the School Bus Transportation Stabilization Fund for line
item 1100 be divided out to be voted on separately.
8:16 p.m. School Committee Chairman Thomas Diaz requested a recess for the
Committee to caucus.
8:23 p.m. The Moderator called the meeting to order,Mr.Diaz reported the unanimous
support(5-0)of the School Committee.
8:25 p.m. Alan Levine,pr.8,reported the unanimous support of the Appropriation
Committee on the motion to divide.
8:26 p.m. Motion to Divide—Unanimously Adopted.
8:26 p.m. Margery Dagett,pr.6,spoke on line item 1200—Regional Schools.
8:30 p.m. Eric Michelson,pr.1,reported unanimous support of the Appropriation
Committee.
ARTICLE 4: APPROPRIATE FY 2009 OPERATING BUDGET
MOTION: That the following amounts be appropriated for the ensuing
fiscal year and be raised in the tax levy or from general revenues of the Town
except where a transfer or other source is indicated they shall be provided by
such transfer or other source.
FY 2009 Budget
Program 1000:Education
1100 Lexington Public Schools
Salaries and Expenses $ 59,295,239
Out-of-District Tuition(Special Education) $ 5,483,847
................................................................
Total Line Item 1100,Lexington Public Schools#
*Voted Separately $ 64,548,189
1200 Regional School $ 1,510,598
Program 2000:Shared Expenses
2100 Benefits
2110 Contributory Retirement $ 3,446,236
2120 Non-contributory Retirement $ 42,000
2130 Insurance $ 22,140,749
2140 Unemployment $ 100,000
2150 Workers Compensation*(M.G.L.Ch.40,Sec. 13 A&C) $ 306,625
2160 Property&Liability Insurance $ 619,240
2170 Uninsured Losses* (M.G.L.Ch.40,Sec. 13) $ 138,402
2200 Debt Service
2210 Payment on Funded Debt $ 3,110,000
2220 Interest on Funded Debt $ 663,723
2230 Temporary Borrowing $ 243,818
2300 Reserve Fund# #Voted Separately&Amended
2300 Reserve Fund to$532,500 $ —5-5 0,044
2400 Public Facilities
2400 Public Facilities $ 8,499,664
Program 3000:Community Services
3100-3500 DPW Personal Services $ 3,169,037
3100-3500 DPW Expenses $ 4,539,101
Program 4000:Public Safety
4100 Law Enforcement Personal Services $ 4,697,662
4100 Law Enforcement Expenses $ 491,676
4200 Fire/Medical Personal Services $ 4,268,656
4200 Fire/Medical Expenses $ 458,466
2008 Annual Town Meeting-March 24, 2008 continued...
Program 5000:Culture&Recreation
5100 Library Personal Services $ 1,608,985
5100 Library Expenses $ 249,700
Program 6000:Social Services
6100-6200 Social Services Personal Services $ 444,653
6100-6200 Social Services Expenses $ 211,088
Program 7000:Community Development
7100 Community Development Personal Services $ 868,255
7100 Community Development Expenses $ 100,797
7200 Planning Personal Services $ 214,942
7200 Planning Expenses $ 9,859
7300 Economic Development Personal Services# #voted separately&Amended $ 119,102
to$92,212 PS&$14,166E.p
7300 Economic Development Expenses# $ 11 ,905
Program 8000:General Government
8100 Board of Selectmen
8110 Board of Selectmen Personal Services $ 78,048
8110 Board of Selectmen Expenses $ 73,870
8120 Legal Services $ 350,000
8130 Town Report $ 7,000
8200 Town Manager
8210-8220 Town Manager Personal Services $ 511,131
8210-8220 Town Manager Expenses $ 142,250
8230 Salary Transfer Account* $ 571,623
and further that Line 8230 is to be transferred by the Board of Selectmen for contractual settlements within
departments upon recommendation of the Town Manager
8300 Town Committees
8310 Finance Committees $ 1,500
8320 Misc.Boards and Committees $ 4,700
8330 Public Celebration Committee $ 29,500
8400 Finance Personal Services $ 1,055,828
8400 Finance expenses $ 282,490
8500 Town Clerk Personal Services $ 290,031
8500 Town Clerk Expenses $ 106,114
8600 MIS Personal Services $ 198,090
8600 MIS Expenses $ 337,933
and that the Town transfer the following sums to meet,in part,appropriations made at this Town Meeting:
$65,000 from the School Bus Transportation Stabilization Fund for line-item 1100;#
#Voted separately
$325,000 from the Parking Meter Fund for line-items 3100-3500 and 4100;
$120,000 from the Cemetery Trust Fund for line item 3100-3500;
$61,000 from Transportation Demand Management/Public Transportation Stabilization Revolving Fund
for Appropriations for line-items 3100-3500;
$2,618,766 from Unreserved Fund Balance/Free Cash;
$820,952 from the Water Enterprise Fund;
$714,536 from the Sewer Enterprise Fund;and
$175,399 from the Recreation Enterprise Fund.
$138,402 from Insurance Proceeds greater than$20,000 for line-item 2170
Items marked with an(*)are Continuing Balance Accounts.
8:34 p.m. Deborah Brown,pr.7,moved:
AMENDMENT: That the following resolution be adopted:
WHEREAS the Town of Lexington is budgeting to spend$22.1 million for health benefits in FY2009
WHEREAS this expense represents a significant percentage of General Fund expenses and has consistently grown
annually at much faster rates than the Town's revenue
WHEREAS the percentage of employee benefits paid by the Town may be higher than those prevailing in the
private sector and therefore may create disincentives for Town employees to use family
coverage available to spouses employed in the private sector
WHEREAS innovative solutions may benefit the Town and its employees
THEREFORE,RESOLVED
That the Lexington Town Meeting:
Expresses great concern about the rate of growth of health benefits expenses and believes that such
continuing rates of growth in the future will endanger the Town's ability to deliver services;
Believes that it is in the collective interest of residents,management,and employees to minimize this rate
2008 Annual Town Meeting—March 24, 2008 continued...
of growth and protect the integrity of Town services;
Encourages all parties to compare Lexington's current benefits packages with other private and public
sector entities;
Acknowledging the prior best efforts of all parties,urges all parties to explore as soon as possible real
solutions to this problem that will result in the Town's health benefits expense growing at a long-term
sustainable rate. Such solutions could include innovative compensation packages with possible changes
in the mix of salary and benefits or joining the state's Group Insurance Commission(GIC).
8:36 p.m. Michael Kennealy,spoke on amendment and the support of the Appropriation
Committee.
8:38 p.m. Chairman Alan Levine spoke on the spirit of the Resolution and the need for
staff support for the Appropriation Committee to study the issue.
8:40 p.m. Selectman Jeanne Krieger reported the Board of Selectmen would not take a
position as to not influence coalition bargaining or bargaining in good faith.
8:41 p.m. Unanimously Adopted.
8:42 p.m. Dawn McKenna,pr.6,moved:
MOTION: I move to divide out line item 2300 Reserve Fund and line item
7300 Economic Development Personal Services&Expenses from Article 4 to
be voted on separately after Article 8.
8:44 p.m. Alan Levine reported the unanimous support of the Appropriation Committee.
Jeanne Krieger reported the unanimous support of the Board of Selectmen.
8:44 p.m. Motion to divide out Unanimously Adopted.
8:45 p.m. Members questioned budget requests for the Public Works operations,burglar
system fees for false alarms,Police Department staffing and patrols,snow plowing,
Social Services Department reorganization and staffing,and possible models.
Staff responded.
9:15 p.m. ARTICLE 4—Unanimously Adopted.
Alan Levine,pr.8,served notice of reconsideration on Article 4.
Eric Michelson,pr.1,served notice of reconsideration on Article 4,line item 1200.
ARTICLE 4—LINE ITEM 1100
9:16 p.m. Ephraim Weiss,pr.5,moved:
AMENDMENT: Line item 1100 be reduced by$95,000.
9:18 p.m. Thomas Diaz,Chairman,reported the School Committee's unanimous
opposition. Pam Hoffman,pr.7,reported the Appropriation Committee's
unanimous opposition.
9:20 p.m. Selectman Chairman Jeanne Krieger reported the Selectmen take no position on
education policy but support the budget in entirety.
Members,speaking in support and opposition to the amendment,questioned school budget
policies,implementation of full-day and half-day kindergarten,and town meeting's
involvement in seeking to legislate educational policy.
Superintendent of Schools Paul Ash,administrators,and School Committee members
responded.
9:49 p.m. Following a voice vote on the Weiss Amendment,the Moderator declared the
Amendment Not Adopted.
9:50 p.m. Reid Zurlo,pr.3,moved the following non-binding resolution:
AMENDMENT: To amend Article 4,Line Item 1100 to add the following:
RESOLUTION: Be it hereby resolved that Town Meeting strongly urges the School
Committee not to implement Full Day Kindergarten in FY09.
Ms.Zurlo explained the amendment and spoke against fees for full day kindergarten and
creating an unequal access to the public education system.
Chairman Tom Diaz,pr.3,reported the School Committee's opposition(4-1)to the Zurlo
amendment. School Committee member Helen Cohen spoke in opposition and of the value of
full-day kindergarten.
Pam Hoffman,pr.7,reported the opposition of the Appropriation Committee(6-1).
Jeanne Krieger reported the Board of Selectmen takes no position on this amendment.
2008 Annual Town Meeting—March 24, 2008 continued...
9:58 p.m. Members spoke in support and opposition.
10:18 p.m. Barrie Peltz,pr.4,moved debate be extended 15 minutes. Motion Not Adopted.
10:26 p.m. Following a standing vote,tallied as follows:
Precinct YES NO
1 7 12
2 9 7
3 7 6
4 7 8
5 6 13
6 9 10
7 8 8
8 3 15
9 4 6
AL 2 12
Total 62 97
Zurlo Amendment Not Adopted.
Line Item 1100 main motion,Patrick Mehr,pr3,spoke in opposition of the school budget.
10:29 p.m.Following a voice vote on Article 4,line item 1100 Public Schools, Moderator
declared Motion Adopted.
Under motion for Article 4,transfer of$65,000 from the Stabilization Fund, Tom Diaz,pr.3,
reported the unanimous support of the School Committee and Eric Michelson,pr.1,reported
the unanimous support of the Appropriation Committee. Jeanne Krieger reported the support
of the Board of Selectmen.
10:31 p.m. Following a voice vote on the transfer of$65,000 from the Stabilization
Fund,Moderator declared Unanimously Adopted.
10:31 p.m. Alan Levine,pr.8,served notice of reconsideration of Article 4,line item 1100
and Article 4,$65,000 Bus Transportation.
10:32 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until 7:30 p.m.,
Wednesday,March 26,2008,Cary Memorial Hall. Motion Adopted.
A true copy.
Attest:
Donna M.Hooper,Town Clerk
March 26,2008 Adjourned Session of the 2008 Annual Town Meeting
The Moderator declared the third session of the 2008 Annual Town Meeting in session,
Wednesday,March 26,2008 at 7:30 p.m.,Cary Memorial Hall. A quorum of 166 members
was present.
The Moderator declared a recess for Superintendent Paul Ash to present the Sharyn Wong-
Chan&Sara Harrington Diversity Awards to Holly Stumpf,Harrington School music teacher.
ARTICLE 2: REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES
7:44 p.m. Kenneth Kreutziger,pr.2,moved the Report of the Housing Partnership
Committee be accepted and placed on file. Mr.Kreutziger presented the report.
Unanimously Adopted.
Andrew Friedlich,pr.5,reported thanks to the school and municipal finance staff,
Appropriation and Capital Expenditures Committees.
7:49 p.m. Presented by Jeanne Krieger.
ARTICLE 5: APPROPRIATE FY2009 ENTERPRISE FUND BUDGETS
MOTION: a) That the Town appropriate the following sums of money to operate the
Water Division of the Department of Public Works during fiscal year 2009;
under the provisions of M.G.L.chapter 44,section 53F1/2:
Salaries $ 606,952
Expenses 463,845
Debt Service(non-exempt) 850,350
MWRA Assessment 4,623,873
Total $6,545,020
Said sum to be funded from water receipts.
2008 Annual Town Meeting-March 26, 2008 continued...
b) That the Town appropriate the following sums of money to operate the
Wastewater(Sewer)Division of the Department of Public Works during fiscal
year 2009;under the provisions of M.G.L.chapter 44,section 53F1/2:
Salaries $ 251,864
Expenses 385,565
Debt Service(non-exempt) 569,971
MWRA Assessment 5,941,401
Total $7,148,801
Said sum to be funded from wastewater receipts.
c) That the Town appropriate the following sums of money to operate the
Recreation Department during fiscal year 2009 under the provisions of M.G.L.
chapter 44,section 53F1/2:
Salaries $ 611,794
Expenses 958,089
Debt Service(non-exempt) 106,200
Total $1,676,083
Said sum to be funded from recreation receipts and$450,000 from retained
earnings.
7:49 p.m. Selectman Krieger reported the unanimous support of the Board of Selectmen.
Deborah Brown,pr.7,reported the unanimous support of the Appropriation
Committee. Unanimously Adopted.
7:51 p.m. Alan Levine,pr.8,moved notice of reconsideration of Article 5.
7:51 p.m. Presented by Selectman Hank Manz.
ARTICLE 6: APPROPRIATE FOR SENIOR SERVICE PROGRAM
MOTION: That the Town appropriate$45,000 for the purpose of conducting a
Senior Service Program,to be spent under the direction of the Town Manager;that to
meet this appropriation$45,000 be raised in the tax levy;and that the Board of
Selectmen be authorized to establish rules and regulations for the conduct of the program.
Hank Manz reported the support of the Board of Selectmen. Deborah Brown,pr.8,reported
the unanimous support of the Appropriation Committee.
7:52 p.m. Patrick Mehr,pr.3,questioned this article as a separate motion from Article 4.
Town Manager Carl Valente explained.
7:54 p.m. Motion Unanimously Adopted.
Selectman Jeanne Krieger moved to postpone Article 7 until March 31,2008.
Motion Adopted. Alan Levine,pr.8,served notice of reconsideration of Article 6.
7:55 p.m. Selectman Peter Kelley moved to postpone Article 8 until March 31,2008.
Motion Adopted.
7:57 p.m. Betsey Weiss,pr.2,moved to postpone Article 9 until Monday,April 7,2008.
Unanimously Adopted.
7:57 p.m. Joyce Miller,pr.7,moved to postpone Articles 10,11,12,13 until after
Article 60. Unanimously Adopted.
7:58 p.m. Selectman Jeanne Krieger moved Articles 14-19 and Article 28 be taken up
Monday,April 14,2008 after Article 41. Unanimously Adopted.
7:59 p.m. Presented by Selectman Norman Cohen.
ARTICLE 20: APPROPRIATE FOR AFFORDABLE HOUSING PURPOSES
MOTION: That$50,000 be appropriated to Lexington Housing Assistance
Board,Inc. (LexHAB)to support the provision of affordable housing within the
Town,and that said sum be appropriated from available funds.
Mr.Cohen reported unanimous support of the Board of Selectmen. Susan McLeish reported
unanimous support of the Appropriation Committee. Unanimously Adopted.
Alan Levine,pr.8,served Notice of Reconsideration of Article 20.
8:03 p.m. Presented by James Lowry,pr.5.
ARTICLE 21 :APPROPRIATE MONEY-LACONIA STREET(CITIZENS'PETITION)
MOTION: That $3,650 be appropriated, in addition to the money appropriated
under Article 24 of the Warrant for the 2004 Annual Town Meeting, for the
construction of Laconia Street,and that to meet this appropriation$3,650 be transferred
2008 Annual Town Meeting—March 26, 2008, continued...
from line item 3100-3600 (DPW Expenses) of the FY2008 operating budget voted
under Article 21 of the 2007 Annual Town Meeting.
James Lowry explained requested action and requested support.
Norman Cohen reported the unanimous support of the Board of Selectmen.
Richard Eurich reported support(6-0)of the Appropriation Committee.
8:05 p.m. Unanimously Adopted.
8:05 p.m. Alan Levine,pr.8,served notice of reconsideration of Article 21.
8:06 p.m. Presented by Selectman Norman Cohen.
ARTICLE 22: APPROPRIATE FOR POST EMPLOYMENT BENEFITS
MOTION: That$400,000 be appropriated to the Town of Lexington Post
Employment Insurance Liability Fund,as established by Chapter 317 of the Acts of
2002,and that to meet this appropriation$400,000 be raised from the general fund
unreserved fund balance.
Norman Cohen reported unanimous support of the Board of Selectmen.
Deborah Brown,pr.7,reported unanimous support of the Appropriation Committee.
8:09 p.m. Unanimously Adopted.
8:10 p.m. Alan Levine,pr.8,served notice of reconsideration of Article 22.
8:11 p.m. Selectman Norman Cohen moved Article 23 be postponed until
March 31,2008. Unanimously Adopted.
8:11 p.m. Presented by Selectman Hank Manz.
ARTICLE 25: APPROPRIATE FOR STABILIZATION FUND
MOTION: That$1,000,000 be appropriated to the Stabilization Fund for any lawful
purpose in accordance with M.G.L. Chapter 40, Section 5B, and that to meet this
appropriation$1,000,000 be raised from the general fund unreserved fund balance.
Selectman Manz reported the unanimous support of the Board of Selectmen.
Deborah Brown,pr.7,reported unanimous support of the Appropriation Committee.
8:14 p.m. Unanimously Adopted.
8:15 p.m. Alan Levine,pr.8,served notice of reconsideration of Article 25.
8:15 p.m. Presented by Selectman Norman Cohen.
ARTICLE 26: APPROPRIATE FOR PRIOR YEARS'UNPAID BILLS
MOTION: That this article be indefinitely postponed.
8:15 p.m. Unanimously Adopted.
Selectman Hank Manz served notice of reconsideration of Article 26.
8:15 p.m. Selectman Jeanne Krieger moved Article 27 be taken up after all others.
Unanimously Adopted.
8:17 p.m. Presented by Selectman Norman Cohen.
ARTICLE 29: USE OF FUNDS TO REDUCE THE TAX RATE
MOTION: That this article be indefinitely postponed.
Unanimously Adopted.
8:18 p.m. Selectman Peter Kelley moved ARTICLE 30 be postponed to
Monday,March 31,2008. Unanimously Adopted.
8:19 p.m. Presented by Selectman Hank Manz.
ARTICLE 32: AMEND GENERAL BYLAW—ABATEMENT OF INTEREST
MOTION: That Chapter 107 of the Code of the Town of Lexington be amended as
set forth in the Article,and further that nonsubstantive 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.
[WARRANT TEXT: To see if the Town will vote to amend Chapter 107 of the Code of the
Town of Lexington by adding the following at the end of§107-4: "The Board of Selectmen
shall have the authority to abate any such interest charges,in whole or in part."]
Mr.Manz reported unanimous support of the Board of Selectmen.
Susan McLeish reported the unanimous support of the Appropriation Committee.
8:19 p.m. Unanimously Adopted.
8:19 p.m. Selectman Jeanne Krieger moved adjournment to Monday,March 31,2008.
2008 Annual Town Meeting—March 26, 2008, continued...
Members questioned early adjournment and questioned other possible articles that may
be taken up at this time. Patrick Mehr,pr.3,offered to take up Article 41 at this time.
8:23 p.m. The Moderator called for a recess to review options.
8:37 p.m. The Moderator called the meeting into session.
Selectman Krieger withdrew the Motion to Adjourn. Unanimously Adopted.
8:38 p.m. Selectman Hank Manz served notice of reconsideration of Article 26.
8:38 p.m. Patrick Mehr,pr.3,moved to take up Article 41. Unanimously Adopted.
ARTICLE 41: MUNICIPAL ELECTRIC UTILITIES(CITIZENS'PETITION)
MOTION: That the following resolution be adopted:
Whereas compared with NStar,municipal electric utilities charge Massachusetts customers
substantially less(35%less for 500 kWh per month in 2007),provide better service and give
communities the local control needed to use more"green"electricity,to place utility wires
underground and to remove double utility poles in a timely manner;
Whereas Lexington's 2007 special Town Meeting supported passage of Bill H3319 to make new
municipal electric utilities possible in Massachusetts(co-sponsored by 53 State legislators led by
Representative Jay Kaufman),yet Bill H3319 is still in Committee;
Therefore,be it resolved that the Lexington Town Meeting
asks the Lexington representatives in the Great and General Court to refile Bill H3319 for the
2009-2010 legislative session;
asks the Lexington Board of Selectmen to petition the Great and General Court for an act to
accomplish the purposes set forth in Bill H3319 for the Town of Lexington alone;and
requests the Town Clerk to transmit this resolution to the Governor,the Lieutenant Governor,
the Commonwealth's Secretary of Energy and Environmental Affairs,the House and Senate
Chairs of the Legislature's Joint Committee on Telecommunications,Utilities and Energy and
to each of Lexington's representatives in the Great and General Court.
8:47 p.m. Representative Jay Kaufman reported on pending legislation.
Selectman Norman Cohen reported the unanimous support of this nonbinding resolution.
Tom Diaz,pr.3,reported the unanimous support of the School Committee.
Members spoke in support and questioned municipal utility rates.
Alan Levine,pr.8,reported unanimous support of the Appropriation Committee.
9:06 p.m. Unanimously Adopted.
9:06 p.m. Selectman Jeanne Krieger moved adjournment to 7:30 p.m.,Monday,March
31,2008,Cary Memorial Hall. Unanimously Adopted.
A true copy.
Attest:
Donna M.Hooper,Town Clerk
March 31,2008 Adjourned Session of the 2008 Annual Town Meeting
The Moderator declared the fourth session of the 2008 Annual Town Meeting in session,
Monday,March 31,2008 at 7:30 p.m.,Cary Memorial Hall. A quorum of 168 members was
present.
The Moderator explained she would recuse herself from presiding over articles 35&38.
The Moderator declared a recess at which time 30-year Town Meeting Members James Barry
(pct. 1),Nancy Adler(pct. 1),Sandra Shaw(pct.4),and Sam Silverman(pct. 5)were
recognized by the Town Meeting Members Association.
Selectman George Burnell recognized those serving in`Operation Iraqi Freedom' and flags
flown in Baghdad sent to and accepted on behalf of the Town of Lexington.
7:48 p.m.The Moderator declared the meeting in session.
ARTICLE 2: REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES
7:50 p.m. Dawn McKenna,pr.6,presented the report of the Tourism Committee.
2008 Annual Town Meeting—March 31, 2008 continued...
8:02 p.m. Dawn McKenna moved the report of the Tourism Committee be accepted and
placed on file. Unanimously Adopted.
8:02 p.m. Presented by Gerald Paul,pr.4.
ARTICLE 7: APPROPRIATE FOR STREET TREES*
MOTION: That the Town appropriate$24,000 for the purpose of planting street
trees to replace those that have been removed,and that to meet this appropriation
............................................................
$24,000 be raised from the general fund unreserved fund balance: *Amended-See May 5
Mr.Paul explained requested Action.
8:12 p.m. Selectman Jeanne Krieger reported the unanimous opposition of the Board of
Selectmen,outlined the budget process undertaken and needed funding,and not including
requested funding in the budget.
8:15 p.m. Alan Levine,pr.8,reported the unanimous opposition of the Appropriation
Committee.
8:20 p.m. Members spoke in support and in opposition,questioned balancing the budget,
possible funding sources and worthiness of request.
8:46 p.m. Marsha Baker,pr.6,called the question. Motion Adopted.
8:46 p.m. Gerald Paul,pr.4,summarized requested action.
8:47 p.m. Following a standing vote,tallied as follows:
Precinct YES NO
1 13 4
2 12 0
3 15 1
4 16 5
5 14 3
6 12 6
7 13 4
8 14 4
9 8 7
AL 4 6
Total 121 40
Motion Adopted.
8:51 p.m. Alan Levine,pr.8,served notice of reconsideration of Article 7.
8:51 p.m. Presented by Selectman Peter Kelley.
ARTICLE 8: CONTINUE AND APPROVE DEPARTMENTAL REVOLVING FUNDS
MOTION: That the Town authorize the following revolving funds for certain Town
departments pursuant to the provisions of M.G.L.chapter 44,section 53E1/2 for the
fiscal year beginning July 1,2008,as follows:
Revolving Fund Authorized Departmental Use of Fund FY2009
Representative or Board Receipts Authorizatio
to Spend n
DPW Burial Public Works Director Sale of Grave Boxes Program Expenses S35,000
Containers and Burial Vaults
DPW Compost Public Works Director Sale of Compost and Personnel,Benefits and Program S254,000
Operation Loam,Yard Waste Expenses
Permits
LexMedia Operations Board of Selectmen and License fees from cable CATV contract,equipment and S400,000
Town Manager TV providers related expenses
Trees Board of Selectmen Gifts and Fees Program Expenses S20,000
Minuteman Public Works Director Fees paid by Program Expenses S175,000
Household consortium towns
Hazardous Waste
Program
Health Programs Health Director Medicare Program Expenses S7,000
Reimbursements
Council on Aging Social Services Director Program fees and gifts Program Expenses S100,000
Programs
School Bus School Committee School bus fees Bus Transportation Expenses S830,000
Transportation
Public Facilities Director of Public Building rental fees Personnel and Expenses Related S191,000
Revolving Fund Facilities to the Rental of Facilities
Tourism/Liberty Town Manager and Liberty Ride receipts, Liberty Ride personal services S 125,630
Ride Tourism Committee including ticket sales, and expenses including charter
advertising revenue and expenses and tourism committee
charter sales initiatives
Mr.Kelley reported the support of the Board of Selectmen.
8:53 p.m. John Bartenstein,pr.1,reported unanimous support of the Appropriation
Committee.
8:54 p.m. Unanimously Adopted.
2008 Annual Town Meeting—March 31, 2008, continued...
Alan Levine,pr.8,served notice of reconsideration of Article 8.
The Moderator declared Article 4,Line Items 2300 and 7300 before the Meeting
ARTICLE 4: LINE ITEMS 2300(Reserve Fund)and
7300(Economic Development)
8:56 p.m. Dawn McKenna,pr.6,moved the following amendment:
AMENDMENT: I move the following amounts be amended as follows:
That the amount of$550,000 in line item 2300,Reserve Fund,be amended to read$532,500;
That the amount of$119,102 in line item 7300,Economic Development Personal Services
be amended to read$92,212;and,
That the amount of$112,905 in line item 7300 Economic Development Expenses
be amended to read$14,166.
Mrs.McKenna explained requested action. Selectman Jeanne Krieger reported unanimous
support of the Board of Selectmen. Alan Levine,pr.8,reported unanimous support of the
Appropriation Committee.
8:57 p.m. Masha Traber,pr.5,spoke in support and reviewed`Liberty Ride'operation.
8:58 p.m. McKenna Amendment Unanimously Adopted.
8:58 p.m. Amended Motion of Article 4,line items 2300&7300(Personal Services&Expenses)
Unanimously Adopted
Alan Levine,pr.8,served notice of reconsideration on Article 4,line items 2300 and 7300.
9:00 p.m. Presented by Selectman Norman Cohen.
ARTICLE 23: RESCIND PRIOR BORROWING AUTHORIZATIONS
MOTION: That the unissued portions of the debt authorizations voted under Article
30B of the Warrant for the 2005 Annual Town Meeting and Article 32C of the
Warrant for the 2005 Annual Town Meeting are hereby rescinded.
9:00 Mr.Cohen explained requested action and reported unanimous support of the Board of
Selectmen.
Charles Lamb,pr.4,reported unanimous support of the Capital Expenditures Committee.
Alan Levine,pr.8,reported unanimous support of the Appropriation Committee.
9:00 p.m. Alan Levine,pr.8,served notice of reconsideration on Article 4,line items
2300,7300 Personal Services and 7300 Expenses.
9:03 p.m. Members spoke in favor and opposition,questioning unexpended funds balance,
Concord Ave. @ Waltham St.traffic issues and unused funds.
9:07 p.m. Ephraim Weiss,pr.5,moved to divide the motion. With sufficient members
standing,the Moderator ruled to divide the motion,with Article 30B,2005 Annual
Town Meeting[Part A]and Article 32C,2006 Annual Town Meeting[Part B].
9:08 p.m. David Kanter,pr.7,reported the Capital Expenditures Committee discouraged
retaining the funds,supporting reauthorization when needed information is available.
9:09 p.m. Ephraim Weiss,pr.5,questioned previous procedures followed.
9:10 p.m. Part A—Motion Adopted
Part B—Motion Adopted.
9:11 p.m. Charles Lamb,pr.4,served notice of reconsideration of Article 23.
9:12 p.m. Presented by Selectman Peter Kelley.
ARTICLE 30: AMEND GENERAL BYLAW—STORMWATER
MOTION: That the Code of the Town of Lexington be amended by adding a new
Chapter 114,entitled"Stormwater Bylaw",as set forth as an attachment to this motion
and on file with the Town Clerk,and further that nonsubstantive 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.
[ATTACHMENT:)]
STORMWATER MANAGEMENT BYLAW
§AAA 1.§AAA-1. General provisions.
ArA. Purpose.
The purpose of this Stormwater Management Bylaw is to:
(4)(1) Protect,maintain and enhance the public safety,environment,health,and
general welfare by establishing minimum requirements and procedures to
control the adverse effects of development;and
(-2-)(2) Establish a mechanism by which the Town can meet the requirements of its
National Pollutant Discharge Elimination System(NPDES)General Permit.
2008 Annual Town Meeting—March 31, 2008, continued...
14713. Compatibility with other permit and bylaw requirements.
This Bylaw is not intended to interfere with,abrogate or annul any other Bylaw,rule or
regulation,statute,or other provision of law. The requirements of this Bylaw should be
considered minimum requirements,and where any provision of this Bylaw imposes
restrictions different from those imposed by any other Bylaw,rule or regulation,or
other provision of law,whichever provisions are more restrictive or impose higher
protective standards for human health or the environment shall be considered to take
precedence.
I &C. Adoption.
This Bylaw is adopted under authority granted by the Home Rule Amendment of the
Massachusetts Constitution,the Home Rule statutes,and pursuant to the rules and
regulations of the Federal Clean Water Act found at 40 C.F.R. 122.34,and as
authorized by the residents of the Town of Lexington under Article 30 at the Annual
Town Meeting of 2008. This Bylaw shall not take effect until implementing rules and
regulations are adopted pursuant to Section S.B.
D,D. Enforcement authority.
The Stormwater Agency shall enforce this Bylaw and resulting regulations,orders,
violation notices,and enforcement orders,and may pursue all civil and criminal
remedies for such violations. Enforcement shall be further defined and included as part
of the Stormwater Management Regulations.
E,E. Penalties.
Any person violating this bylaw is subject to any applicable penalties or other legal
enforcement action by the Town.
IF,F. Appeals.
The decisions or orders of the Stormwater Agency shall be final. Further relief of a
decision by the Stormwater Agency made under this Bylaw shall be reviewable in the
Superior Court in an action filed within 60 days thereof,in accordance with M.G.L.c.
249, §4.
I &G. Remedies not exclusive.
The remedies listed in this by-law are not exclusive of any other remedies available
under any applicable federal,state or local law.
§AAA 2.§AAA-2. Definitions.
The definitions contained herein apply to the interpretation and implementation of this Bylaw.
Terms not defined in this section shall be construed according to their customary and usual
meaning unless the context indicates a special or technical meaning. Additional definitions
may be adopted by separate regulation.
ALTER Any activity that will measurably change the ability of a ground surface area to
absorb water or will change existing surface drainage patterns. Alter may be similarly
represented as"alteration of drainage characteristics,"and"conducting land disturbance
activities."
BEST MANAGEMENT PRACTICES(BMPs) Structural,non-structural,and managerial
techniques that are recognized to be the most effective and practical means to prevent and/or
reduce increases in stormwater volumes and flows,reduce point source and nonpoint source
pollution,and promote stormwater quality and protection of the environment.
DEVELOPMENT Any alteration,construction,disturbance,improvement or modification
of land or structures to accommodate a use,expansion of use or redevelopment on a site.
LOW IMPACT DEVELOPMENT(LID) is a set of strategies that seek to maintain natural
hydrologic systems both during and after the development process. This approach is
implemented by engineering a site so that the post-development hydrologic functions remain
close to pre-development conditions by using design techniques that infiltrate,filter,store,
evaporate and detain stormwater runoff close to its source.
MUNICIPAL SEPARATE STORM SEWER SYSTEM(MS4) A conveyance or system of
conveyances(including roads with drainage systems,municipal streets,catch basins,curbs,
gutters,ditches,man-made channels,or storm drains)designed or used for collecting or
conveying storm water,which is not a combined sewer,that is owned or operated by a city or
town having jurisdiction over disposal of sewage,industrial wastes,storm water,or other
wastes,that discharges to waters of the United States.
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM(NPDES) As
authorized by the Federal Clean Water Act,the NPDES permit program controls water
pollution by regulating point sources that discharge pollutants into waters of the United States.
RUNOFF A term used to describe the water from rain,snowmelt or irrigation that flows
over the land surface and is not absorbed into the ground,instead flowing into streams or other
surface waters or land depressions.
SITE the parcel of land being developed or a designated planning area in which the land
development project is located.
2008 Annual Town Meeting—March 31, 2008, continued...
STORMWATER Water that accumulates on land because of storms,and can include runoff
from urban areas such as roads and roofs.
STORMWATER AUTHORITY The entity responsible for adopting regulations pursuant to
this Bylaw.
STORMWATER AGENCY The Town's Department of Public Works Engineering
Division is designated to administer,implement and enforce this Bylaw.
STORMWATER MANAGEMENT The use of structural or non-structural practices that are
designed to reduce and control stormwater runoff pollutant loads,discharge volumes and/or
peak flow discharge rates.
STORMWATER MANAGEMENT PERMIT A permit issued by the Stormwater Agency,
after review of an application,plans,calculations,and other supporting documents,approving
a system that is designed to protect the environment of the Town from the deleterious affects of
uncontrolled and untreated stormwater runoff.
§AAA 3.§AAA-3. Regulation of discharges to the municipal storm sewer system.
ArA. Prohibited activities.
The prohibition of illicit connections and discharges to the municipal storm sewer
system is necessary for the protection of local water bodies and groundwater and to
safeguard public safety,health and welfare.
{1)(1) Illicit discharges. No person shall dump,discharge,cause or allow to be
discharged any pollutant or non-stormwater discharge into the municipal
separate storm sewer system(MS4),into a watercourse,or into the waters of the
Commonwealth.
(-2)(2) Illicit connections. No person shall construct,use,allow,maintain or continue
any connection to the municipal storm sewer system,except as exempted in
Section 3.B below.
(3) Obstruction of the municipal storm sewer system. No person shall obstruct or
interfere with the normal flow of stormwater into or out of the municipal storm
sewer system without prior written approval from the Stormwater Authority.
{4}(4) Alteration of the MS4. No person shall modify or remove any part of the MS4
including surface drainage or piping that crosses private property if it serves the
public as part of the drainage system.
IB. Exemptions.
Stormwater discharges that are wholly subject to jurisdiction under the Wetlands
Protection Act or the Wetland Protection Code of Lexington and demonstrate
compliance with the Massachusetts Storm Water Management Standards as most
recently revised and updated in accordance with revisions to the Wetlands regulations
310 CMR 10.00,and as reflected in an Order of Conditions or in a Determination of
Applicability issued by the Conservation Commission are exempt from compliance
with this section of the bylaw.
§AAA 4.§AAA-4. Regulation of stormwater management practices.
ArA. Applicability
This Bylaw shall be applicable to the following activities:
{- (1) Any activity that results in a land disturbance greater than one acre of land,or
any activity that disturbs less than one acre if that project is part of a larger
common plan of development that eventually will disturb more than one acre of
land;or
(2)(2) A new dwelling on a vacant lot,a new dwelling replacing an existing dwelling,
or the reconstruction of an existing dwelling that is demolished to the extent of
50%or more of its replacement cost,as determined by the Building
Commissioner or designee;or
04(3) Any development project that:
{4-}[1] Requires a Special Permit or a Special Permit with Site Plan Review;or
f24[2] Requires approval of a Definitive Plan under the Subdivision Control
Law.
B. Exemptions
No person who meets the applicability of this bylaw shall alter land within the Town of
Lexington without having obtained a Stormwater Management Permit,except as
follows:
{1)(1) Any work or projects for which all necessary approvals and permits have been
issued before the effective date of this Bylaw;
(2)(2) Normal maintenance and improvement of land in agricultural use as defined by
the Wetlands Protection Act,M.G.L.c. 131, §40,and its implementing
regulations at 310 C.M.R. 10.04,
2008 Annual Town Meeting—March 31, 2008, continued...
9 (3) Use of land for the primary purpose of agriculture,horticulture,floriculture,or
viticulture,or the use,expansion,or reconstruction of existing structures for the
primary purpose of agriculture,horticulture,floriculture,or viticulture,as
protected under the Zoning Act,M.G.L.c.40A,§ 3;
{4)(4) Customary cemetery management;
045) Stormwater discharges that are wholly subject to jurisdiction under the
Wetlands Protection Act or the Wetland Protection Code of Lexington and
demonstrate compliance with the Massachusetts Storm Water Management
Standards as most recently revised and updated in accordance with revisions to
the Wetlands regulations 310 CMR 10.00,and as reflected in an Order of
Conditions or in a Determination of Applicability issued by the Conservation
Commission.
( )(6) The construction,reconstruction,or repair of any fence or wall that will not
alter the existing terrain or drainage patterns;
{7)(7) Construction of utilities(gas,water,electric,telephone,etc.)other than
drainage,which will not permanently alter terrain,ground cover,or drainage
patterns;
448) Emergency repairs to any stormwater management facility or practice that poses
a threat to public safety or health,or as deemed necessary by the Stormwater
Authority.
§AAA 5.§AAA-5. Administration.
ArA. The Stormwater Authority
The Board of Selectmen shall be the Stormwater Authority.
IB-B. Stormwater Management Regulations
The Board of Selectmen may adopt,and periodically amend,rules and regulations
relating to the terms,conditions,definitions,enforcement,fees(including application,
inspection,and/or consultant fees),procedures and administration of this Stormwater
Management Bylaw after conducting a public hearing to receive comments on any
proposed revisions. Such hearing dates shall be advertised in a newspaper of general
local circulation at least fourteen(14)days prior to the hearing date. After public
notice and public hearing,the Stormwater Authority may promulgate rules and
regulations to effectuate the purposes of this Bylaw.
I &C. The Stormwater Agency
The Town's DPW Engineering Division shall be responsible for the day-to-day
administration of the Stormwater Management Bylaw and the Stormwater Management
Permit granting authority.
D,D. Actions by the Stormwater Agency
The Stormwater Agency shall take final action within twenty one(21)thirty(30)days
from the receipt of a complete application unless such time is extended by written
agreement between the applicant and the Agency. The Stormwater Agency may take
any of the following actions on an application for a Stormwater Management Permit:
{- (1) Approve the application;
(2)(2) Approve the application with conditions;or
04(3) Disapprove the application.
lE. Stormwater"Buy-Out"
The Stormwater Agency may allow the applicant to contribute to the construction of a
public or shared stormwater facility in lieu of an onsite stormwater facility where it has
been demonstrated that there is not sufficient space for onsite stormwater best
management practices.
IF,F. Waivers
The Stormwater Agency may waive strict compliance with any requirement of this
Bylaw,where such action is allowed by federal,state and local law or regulations,is in
the public interest and consistent with the purpose and intent of the Bylaw.
Any applicant may submit a written request for a waiver as part of the application
process. Such a request shall be accompanied by an explanation or documentation
supporting the waiver request and demonstrate that strict application of the Bylaw or
Regulations is not necessary to meet the purposes or objectives of the Bylaw.
I &G. Stormwater Utility
The Stormwater Agency may recommend to the Board of Selectmen the formation of a
Stormwater Utility,pursuant to M.G.L.c.83,§ 16 and c.40,§ 1A,as a special
assessment district to generate funding specifically for stormwater management. Users
within the district pay a stormwater fee,and the revenue thus generated directly
supports maintenance and upgrade of the existing municipal separate storm sewer
system(MS4);development of drainage plans,flood control measures,and water-
2008 Annual Town Meeting—March 31, 2008, continued...
quality programs;administrative costs;and construction of major capital
improvements.
§AAA 6.§AAA-6. Low Impact Development(LID)and Better Site Design
The use of non-structural LID Management practices and Better Site Design are encouraged to
minimize reliance on structural management measures. The use of Better Site Design and/or
LID Management Practices may,if approved by the Stormwater Agency,also allow for a
reduction in the treatment volume,a reduction of applicable fees associated with the project,or
other incentive approved by the Agency.
§AAA 7.§AAA-7. Severability
If any court of competent jurisdiction declares that any section,provision,paragraph,sentence,
or clause of this Bylaw,or any rule or regulation promulgated hereunder,is invalid or
unconstitutional,any other section,provision,sentence or clause thereof or other rule or
regulation promulgated hereunder,shall remain in full force and effect.
9:13 p.m. Charles Hornig,pr.8,reported support of the Planning Board.
9:16 p.m. Staff responded to Member's questions regarding implementation and appeal
process and role of municipal departments and Conservation Commission.
9:29 p.m. Motion Adopted
9:30 p.m. Dawn McKenna,pr.6,served notice of reconsideration of Article 30.
9:30 p.m. Presented by Selectman Hank Manz.
ARTICLE 33: AMEND GENERAL BYLAW-TERMS FOR CERTAIN CONTRACTS
MOTION: To see if the Town will vote to amend Chapter 32 of the Code of the
Town of Lexington by adding a new§32-4 as follows:
§32-4. Unless otherwise prohibited by law,the Town and all of its departments,under
the supervision of the Town Manager,are authorized to solicit,award and enter
into certain types of contracts for periods shown below,including any renewal,
extension or option provision,subject to annual appropriation,applicable state
procurement laws,and the approval of the Board of Selectmen for contract
terms greater than three years:
Years
Lease of public lands and buildings 20
Lease of any equipment 10
Lease purchase of any equipment 10
Maintenance agreements for equipment,buildings or grounds 5
Transportation services 10
Purchase of oil,fuel and electricity 5
Lighting maintenance 10
Waste Disposal and Recycling 20
Water Supply 20
All other contracts 5
And further,that nonsubstantive 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.
Mr.Manz reported the unanimous support of the Board of Selectmen.
Susan McLeish reported the unanimous support of the Appropriation Committee
9:32 p.m. Motion Unanimouosly Adopted.
9:33 p.m. Presented by Selectman Hank Manz.
ARTICLE 34: AMEND NON-CRIMINAL DISPOSITION BYLAW
(BURGLAR AND OTHER ALARMS)
MOTION: That Chapter 1,paragraph 1-6.B of the Code of the Town of Lexington
be amended by inserting the following under the subsection thereof labeled "Chapter
187,Selectmen,Board of':
"Rules and Regulations relating to Automatic Voice Dialers(§187-87),Alarm
Registration(§187-88),Duties of Alarm User-Proper Use(§187-89)and Alarm
Service Fee(§187-92)
Fine Schedule:
1st offense: $50 per violation
2nd offense: $100 per violation
3rd and subsequent offenses: $200 per violation"
2008 Annual Town Meeting—March 31, 2008, continued...
and further that nonsubstantive changes to the numbering of the bylaw be
permitted in order that it be in compliance with the numbering format of the
Code of the Town of Lexington.
9:33 p.m. Mr.Manz explained and responded to questions from members regarding
current fine structure. Police Chief Christopher Casey responded to additional questions.
9:37 p.m. Unanimously Adopted.
Moderator Margery Battin recused herself from presiding on Article 35 and appointed Norman
Cohen as Temporary Moderator for this article.
9:37 p.m. Presented by Margery Battin,At-Large.
ARTICLE 35: AMEND GENERAL BYLAW—DEPUTY MODERATOR
MOTION: That Chapter 118 of the Code of the Town of Lexington be amended
by deleting paragraph B of§ 118-11 in its entirety and replacing it with the following:
"B. To the extent that this bylaw is not inconsistent with Chapter 215 of the
Acts of 1929,as amended,the Moderator may,at the first session of the annual
town meeting or the first town meeting following the election of the Moderator,
nominate a voter as Deputy Moderator,subject to the election by the town
meeting members,to serve throughout the Moderator's term of office as
temporary Moderator with all the powers and duties of the Moderator,in the
event of the Moderator's absence,recusal,or disability,or a mid-term vacancy
in the office of the Moderator,until such vacancy is filled according to law."
and further that nonsubstantive 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.
9:37 p.m. Margery Battin explained purpose and justification for the motion.
9:41 p.m. Jeanne Krieger reported the unanimous support of the Board of Selectmen.
Margery Battin responded to questions from Members regarding the powers of the Deputy
Moderator,ability of the meeting to replace the deputy moderator. Town Counsel William
Lahey explained authority of Town Meeting.
9:49 p.m. Unanimously Adopted. Margery Battin returns as Moderator.
9:50 p.m. Presented by Stewart Kennedy,pr. 8.
ARTICLE 36: AMEND GENERAL BYLAW—SNOW/ICE REMOVAL
(CITIZENS'PETITION)
MOTION: That§100-3A.of Chapter 100 of the Code of the Town of Lexington
be amended to read as follows:
"§100-3A. No owner or agent having charge of any building or lot of land
abutting on a sidewalk within the Town of Lexington shall place or permit or
suffer to remain for more than twelve hours between sunrise and sunset,or,in
the case of any sidewalk within the commercial and industrial districts as
defined in§135-2 of the Zoning By-Law of the Town of Lexington,four hours
between sunrise and sunset,any snow or ice upon such sidewalks which
impedes the orderly flow or safety of pedestrian traffic upon such sidewalks,
unless such ice is made even and covered with sand or some like material to
prevent slipping."
and further that nonsubstantive 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.
9:50 p.m. Article Sponsor Jean Williams,8 Stratham Rd,reviewed proposed bylaw.
9:56 p.m. Selectman Jeanne Krieger reported the unanimous opposition by the
Board of Selectmen.
Members spoke in favor and opposition,identifying issues with hazardous walkways,
bylaw practicality,public and private ways,bylaw enforcement and liability issues.
10:23 p.m. Steven Heinrich,pr.3,moved the question. Motion Adopted
2008 Annual Town Meeting—March 31, 2008, continued...
10:24 p.m. Motion under Article 36 Not Adopted.
10:25 p.m. Charles Lamb,pr.4,served Notice of Reconsideration of Article 36.
10:25 p.m. Moderator Margery Battin recused herself from Moderator and designated
Selectman Norman Cohen as Temporary Moderator for Article 38.
10:25 p.m. James Lowry,pr.5,questioned the time and appropriateness for Town Meeting
to take up another article.
10:25 p.m. Ephraim Weiss,pr.5,moved adjournment until 7:30 p.m.,Monday,
April 4,2008,Cary Memorial Hall.
10:25 p.m. Motion Adopted.
A true copy.
Attest:
Donna M.Hooper,Town Clerk
April 7,2008 Adjourned Session of the 2008 Annual Town Meeting
The Moderator declared the fifth session of the 2008 Annual Town Meeting in session,
Monday,April 7,2008 at 7:30 p.m.,Cary Memorial Hall. A quorum of 178 members was
present.
Moderator Margery Battin declared a recess for presentation by William Dailey to
Conservation Commission Chairperson Joyce Miller.
7:44 p.m. The Moderator declared the meeting in session and recognized Selectman Hank
Manz for an explanation of the tree gift fund and contributions received. The Moderator then
reviewed order of business for this evening,and the next.
ARTICLE 2: REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES
7:45 p.m. William Kennedy,pr.9,moved the report of LexHAB be accepted and placed
on file. Mr.Kennedy reported. Unanimously Adopted.
7:48 p.m. Charles Lamb,pr.4,moved the report of the Capital Expenditures Committee be
accepted and placed on file. Unanimously Adopted. Mr.Lamb reported.
7:58 p.m. Betsey Weiss,pr.2,moved the Report of the Community Preservation
Committee be accepted and placed on file. Unanimously Adopted.
7:58 p.m. Selectman Jeanne Krieger moved Article 40 be taken up on
Monday,April 28,2008. Unanimously Adopted.
8:03 p.m. Carolyn Tiffany,pr.8,moved to take up Article 42. Unanimously Adopted.
ARTICLE 42: RESOLUTION—CLIMATE CHANGE(CITIZENS'PETITION)
MOTION: That the Town adopt the following resolution:
Whereas global warming increasingly imperils the world's health,environment
and economy;
Whereas the science of climate change is a dynamic and ever evolving process,with
each new year of research findings pointing to not less but more dire
consequences from increasing levels of greenhouse gases in the atmosphere;
Whereas there is a growing consensus among key climate scientists that previous
emission reduction targets for greenhouse gases by at least 80%by the year
2050 in order to eventually stabilize the climate are no longer deemed to be
adequate to forestall the worst projected effects of rapid climate change;
Whereas Massachusetts will be increasingly harmed by global warming through
changes in our climate;worsening of storms,floods and droughts;damage to
native plants and animal species;rising sea levels;the spread of diseases;and
losses to our economy;
Whereas it is widely acknowledged that the technological solutions for effectively
reducing greenhouse gas emissions already exist but are not being enacted due
to a lack of political will.
2008 Annual Town Meeting—April 7, 2008 continued...
Therefore,be it resolved that the Board of Selectmen:
a. Petition the President and Lexington's Representative and Senators in the Congress
to create a comprehensive national initiative to achieve rapid development of
sustainable energy technologies in order to reduce our dependence on fossil fuels,
reduce greenhouse gases,stimulate new jobs and investment opportunities,and
enhance our national security;and
b. Petition the Governor of the Commonwealth and Lexington's Representatives and
Senators in the General Court to enact legislation and regulations that would
significantly and immediately reduce carbon emissions in the Commonwealth and
to create a comprehensive program of incentives for the rapid development of
renewable energy and energy efficiency.
8:03 p.m. Kate Donahue,Lexington High School Senior,reviewed requested action.
8:05 p.m. Hank Manz reported the unanimous support of the Board of Selectmen.
8:06 p.m. Toby Sackton,pr.2,reported the unanimous support of the
Ad Hoc Climate Action Committee.
8:07 p.m. Steve Kropper,pr.2,reported the support of the
Energy Conservation Committee.
8:09 p.m. Motion Adopted.
8:09 p.m. Adam Sacks,pr.2,moved to take up Article 43. Motion Adopted.
ARTICLE 43: RESOLUTION—PETROLEUM SUPPLY IMPACTS
(CITIZENS'PETITION)
MOTION: That the Town adopt the following resolution:
Whereas global warming increasingly threatens the world's health,environment
and economy;
Whereas the conservative consensus among scientists is that the world must reduce its
emissions of greenhouse gases by at least 80%by the year 2050 in order to eventually
stabilize the climate,and there is recent and rapidly mounting evidence that even these
amounts are significantly too little and too late;
Whereas Massachusetts will be increasingly harmed by global warming through changes in our
climate;worsening of storms,floods and droughts;damage to native plants and animal
species;rising sea levels;the spread of diseases;and losses to our economy;
Whereas Lexington as a community has the responsibility to our region,to our present and
future citizens,and to the flora and fauna comprising the web of life on which we
depend and of which we are a part,to provide a healthy and sustainable environment;
Whereas there are,without cost,resources available from citizens,civic organizations and
Town Committees;
Therefore,be it resolved that economic development and planning projects undertaken in the
Town consider the foregoing and state in their proceedings and reports,the energy,planning,
transportation and other implications of said projects.
8:10 p.m. Mr.Sacks addressed the motion.
8:11 p.m. Steve Kropper,pr.2,reported the Energy Conservation Committee took no
position on the final motion.
8:11 p.m. Hank Manz reported the unanimous support of the Board of Selectmen.
8:12 p.m. Charles Hornig,pr.8,reported the support of the Planning Board.
8:13 p.m. Toby Sackton reported the unanimous support of the Ad Hoc Climate Action
Committee.
8:16 p.m. Motion Adopted.
8:17 p.m. Presented by Betsey Weiss,pr.2,Community Preservation Committee.
ARTICLE 9: APPROPRIATE FOR FY2009 COMMUNITY PRESERVATION
COMMITTEE OPERATING BUDGET AND FOR CPA PROJECTS
MOTION: That the Town hear and act on the report of the Community Preservation
Committee on the FY2009 Community Preservation budget and,pursuant to the
recommendations of the Community Preservation Committee,take the following
actions:
2008 Annual Town Meeting—April 7, 2008, continued...
That the Town reserve for appropriation the following amounts from estimated FY2009
receipts as recommended by the Community Preservation Committee
a. $430,564 for the acquisition,creation and preservation of open space excluding
land for recreational use;
b. $1,361,900 for the acquisition,preservation,rehabilitation and restoration of
historic resources;
c. $638,293 for the creation,preservation and support of community housing;and
d. $1,874,884 to the Fund Balance Available for Appropriation Reserve of the
Community Preservation Fund.
And further,that the Town make appropriations from the Community Preservation
Fund and other sources as follows:
a. That$25,000 be appropriated from the Community Housing Reserve of the
Community Preservation Fund to survey and define Affordable Housing Programs.
b. That$9,850 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for the restoration of Belfry Hill trees.
c. That$600,000 be appropriated from the Community Preservation Fund Balance for
the restoration of the Hancock-Clarke House.
d. That$60,000 be appropriated for the Old Reservoir Management project of which
$55,000 is from the Fund Balance Available for Appropriation Reserve of the
Community Preservation Fund and$5,000 be transferred from retained earnings of
the Recreation Enterprise Fund.
e. That$158,686 be appropriated from the Community Housing Reserve of the
Community Preservation Fund for Vynebrook Village window replacement.
f. That$150,000 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for archive record management and conservation.
g. That$652,800 be appropriated from the Community Housing Reserve of the
Community Preservation Fund for the Parker Manor Condo purchases.
h. That Senior Center design,renovation and expansion project be indefinitely
postponed.
i. That$75,000 be appropriated from the Fund Balance Available for Appropriation
Reserve of the Community Preservation Fund for a playground for Harrington Pre-
School.
j. That$400,000 be appropriated for renovations to the old Harrington School of
which$330,000 is from the Historic Resources Reserve of the Community
Preservation Fund and$70,000 be raised from the general fund unreserved fund
balance.
k. That$95,000 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for the Town Office Complex building envelope.
1. That$47,500 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for the East Lexington Fire Station.
m. That$70,000 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for ADA accessible bathrooms and signs for the
Town Office Building.
n. That$80,000 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for a use study and renovation design of the Town
Office Building.
o. That the Stone Building renovation project be indefinitely postponed.
p. That the proposed land acquisitions be indefinitely postponed.
q. That$579,550 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for the replacement of the Munroe Center fire
prevention system.
r. That$50,000 be appropriated from the Fund Balance Available for Appropriation
Reserve of the Community Preservation Fund to meet the administrative expenses
and all other necessary proper expenses of the Community Preservation Committee
for FY2009.
Ms.Weiss reported current status of the Community Preservation Act funding,reviewed
request for the reserve for appropriation-Items a-d,and reported unanimous support of the
Board of Selectmen.
8:28 p.m.David Kanter,pr.7,reported the unanimous support of the Capital Expenditures
Committee for reserve for appropriation-Items a-d.
2008 Annual Town Meeting—April 7, 2008, continued...
Alan Levine,pr.8,reported the unanimous support of the Appropriation Committee
for reserve for appropriation-Items a-d.
Part I—Reserve for appropriation-Items a-d -Unanimously Adopted.
Charles Lamb served notice of reconsideration of Article 9,Part I a-d.
Part II—Appropriate—
8:30 p.m. Betsey Weiss presented request for Part II(a)and reported Committee
support(9-0).
Norman Cohen reported unanimous support of the Board of Selectmen.
David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee.
Charles Hornig,pr.8,reported support of the Planning Board.
Alan Levine,pr.8,reported disapproval(6-2)of the Appropriation Committee.
Deborah Brown,pr.7,presented the Appropriation Committee's minority report
in support.
8:36 p.m. Members questioned analysis to be conducted and spoke in support.
8:37 p.m. Ken Kreutziger,pr.2,reported unanimous support of the Lexington Housing
Partnership Board.
Martha Wood,pr.7,reported support of the Lexington Housing Assistance Board(LexHab).
8:45 p.m. VOTE:Article 9,Part II,(a)—Motion Adopted.
Charles Lamb,pr.4,served notice of reconsideration-Article 9,II,(a).
8:46 p.m. Betsey Weiss presented request for Part II(b)and reported Committee
support(9-0).
Norman Cohen reported unanimous support of the Board of Selectmen.
David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee.
Eric Michelson,pr.5,reported unanimous support of the Appropriation Committee.
8:46 p.m. VOTE:Article 9,Part II,(b)—Motion Adopted.
Charles Lamb,pr.4,served notice of reconsideration-Article 9,II,(b).
8:49 p.m. Betsey Weiss presented request for Part II(c)and reported Committee
support(9-0).
Norman Cohen reported support of the Board of Selectmen(4-1).
Selectman Peter Kelley spoke in opposition and of funding private purposes.
David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee.
Eric Michelson,pr.5,reported unanimous support of the Appropriation Committee.
Members spoke in support and opposition,questioning fundraising by the Historical Society
and grant possibilities. Society Executive Director Susan Bennett responded.
8:59 p.m. VOTE:Article 9,Part II,(c)—Motion Adopted.
Charles Lamb,pr.4,served notice of reconsideration-Article 9,II,(c).
9:01 p.m. Betsey Weiss presented request for Part II(d)and reported Committee
support(9-0).
Norman Cohen reported support of the Board of Selectmen(4-1).
David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee.
Eric Michelson,pr.5,reported unanimous support of the Appropriation Committee.
9:04 p.m. Members questioned use of community preservation funds for property yet
acquired,definition of`preservation',and bacterial level at the Old Res.
Recreation Director Karen Simmons responded.
9:08 p.m. VOTE:Article 9,Part II,(d)—Motion Adopted.
Charles Lamb,pr.4,served notice of reconsideration—Article 9,II,(d).
9:09 p.m. Betsey Weiss presented request for Part II(e)and reported Committee
support(9-0).
Norman Cohen reported unanimous support of the Board of Selectmen.
David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee.
Eric Michelson,pr.5,reported unanimous support of the Appropriation Committee.
9:10 p.m. Members questioned electric heat conversion,system upgrade payback,and
energy surveys of buildings. Housing Authority staff responded to questions.
9:13 p.m. VOTE: Article 9,Part II,(e)—Unanimously Adopted.
Charles Lamb,pr.4,served notice of reconsideration—Article 9,II,(e).
9:14 p.m. Betsey Weiss presented request for Part II(f)and reported Committee
support(9-0).
Norman Cohen reported unanimous support of the Board of Selectmen.
2008 Annual Town Meeting—April 7, 2008, continued...
David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee.
Eric Michelson,pr.5,reported unanimous support of the Appropriation Committee.
9:17 p.m. Members questioned inclusion of library records,relative humidity in vaults,
and storage of microfilm. Archivist Nasrin Rohani and Town Clerk Donna
Hooper responded to questions.
9:22 p.m. VOTE: Article 9,Part II,(f)—Unanimously Adopted.
Charles Lamb,pr.4,served notice of reconsideration—Article 9,II,(f).
9:23 p.m. Betsey Weiss presented request for Part II(g)and reported Committee
support(8-1).
Community Preservation Committee member Richard Pagett spoke in opposition
and presented a minority report
Norman Cohen reported unanimous support of the Board of Selectmen.
David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee.
Eric Michelson,pr.5,reported unanimous support of the Appropriation Committee.
Charles Hornig,pr.8,reported support of the Planning Board.
9:32 p.m. Deborah Mauger,38 Liberty Ave.,reported the unanimous support of the
League of Women Voters.
9:34 p.m. Members questioned possible financing options,funding approaches,and
LexHab options for Katandin Woods. LexHab Chairman Bill Hays responded.
9:45 p.m. Dawn McKenna,pr.6,moved the following amendment:
AMENDMENT: I move that Town Meeting postpone indefinitely action under
Article 9,subsection(g)unless before the dissolution of this Town Meeting,the town
has received formal approval from the Department of Housing and Community
Development(DHCD)that these housing units to receive funding under this subsection
(g)will be counted as affordable housing units for purposes of Chapter 40B of the
Massachusetts General Laws,which notice of approval shall be deemed sufficient
grounds for reconsideration of this subsection of Article 9.
Joel Adler,for the Community Preservation Committee,spoke in opposition to amendment.
Norman Cohen reported the unanimous opposition of the Board of Selectmen.
David Kanter reported the unanimous opposition of the Capital Expenditures Committee.
Eric Michelson reported the unanimous opposition of the Appropriation committee.
Charles Hornig reported the opposition of the Planning Board.
9:53 p.m. Members spoke in opposition and questioned remaining balance in the
Community Preservation fund.
9:57 p.m. McKenna Amendment—Not Adopted.
9:58 p.m. Martha Wood,pr.7,spoke in support of 9(g)and reported the support of
LexHab and the Lexington Housing Partnership Board.
Members spoke in opposition and in support.
10:02 p.m. VOTE: Article 9,Part II,(g)—Motion Adopted.
Charles Lamb,pr.4,served notice of reconsideration—Article 9,II,(g).
10:03 p.m. Betsey Weiss presented request for indefinite postponement of Part II(h).
Norman Cohen reported unanimous support of the Board of Selectmen.
David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee.
Eric Michelson,pr.5,reported unanimous support of the Appropriation Committee.
10:04 p.m. VOTE: Article 9,Part II,(h)—Motion to Indefinitely Postpone
Unanimously Adopted.
10:04 p.m. Betsey Weiss presented request for Part II(i)and reported Committee
support(9-0).
Norman Cohen reported unanimous support of the Board of Selectmen.
David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee.
Eric Michelson,pr.5,reported unanimous support of the Appropriation Committee.
10:06 p.m. VOTE: Article 9,Part II,(i)—Unanimously Adopted.
Charles Lamb,pr.4,served notice of reconsideration—Article 9,II,(i).
10:06 p.m. Betsey Weiss presented request for Part II(j)and reported Committee
support(7-2).
Norman Cohen reported support of the Board of Selectmen(4-1).
David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee.
Eric Michelson,pr.5,reported unanimous support of the Appropriation Committee.
10:09 p.m. Members spoke in support and opposition,questioning intent for school
committee to occupy the building,possible need for classroom use,and`historic'classification
of the school building.
2008 Annual Town Meeting—April 7, 2008, continued...
Marilyn Fenollosa,Community Preservation Committee,explained identifying the building as
`historic'. Public Facilities Director Patrick Goddard responded to questions regarding utility
usage and costs. School Committee Chairman Tom Diaz addressed questions.
10:34 p.m. Robert Whitman,pr.3,moved the question. Motion Adopted.
10:34 p.m. School Committee Chairman Tom Diaz summarized request,acknowledged
respect for`historical' discussion and possible funding sources,and requested support.
10:35 p.m. Charles Lamb,pr.4,requested a standing vote.
10:40 p.m. Following a standing vote,tallied as follows:
Precinct YES NO
1 5 7
2 7 7
3 8 6
4 11 5
5 9 9
6 6 11
7 11 4
8 7 9
9 113 6
AL 16 3
Total 93 67
Motion Adopted.
10:40 p.m. Selectman Jeanne Krieger moved adjournment until 7:30 p.m.,Wednesday,
April 9,2008 at Cary Memorial Hall. Unanimously Adopted.
A true copy.
Attest:
Donna M.Hooper,Town Clerk
April 9,2008 Adjourned Session of the 2008 Annual Town Meeting
The Moderator declared the sixth session of the 2008 Annual Town Meeting in session,
Wednesday,April 9,2008 at 7:30 p.m.,Cary Memorial Hall. A quorum of 169 members was
present.
Richard Canale reported his intent to abstain from voting on Articles 49&50.
ARTICLE 2: REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES
7:30 p.m. Charles Hornig,pr.8,moved the report of the Planning Board be accepted and
placed on file. Unanimously Adopted. Mr.Hornig reported.
7:43 p.m. Selectman Jeanne Krieger moved to postpone the remaining sections of
Article 9 to the first order of business on Monday,April 14,2008. Unanimously Adopted.
7:44 p.m. Charles Hornig moved Article 49 be taken up. Unanimously Adopted.
ARTICLE 49:AMEND ZONING BY-LAW,SPECIAL PERMIT RESIDENTIAL
DEVELOPMENT
MOTION: That the Zoning By-Laws of the Town be amended as set forth in
the motion attached to the report of the Planning Board on this article, and
further that nonsubstantive 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.
2008 Annual Town Meeting—April 9, 2008, continued...
[MOTION IN PLANNING BOARD REPORT]:
MOVED:
A.That Section 135,Article IX"Residential Development"of the Zoning By-Law be
amended by deleting the entire Article IX and replacing it with a new Article IX"Special
Permit Residential Developments". The new Article IX is as follows:
ARTICLE IX Special Permit Residential Developments
§135-44.Special Permit Residential Developments
A. A Special Permit Residential Development is a project in which one or more lots,tracts,
or parcels of land are to be improved for use as a coordinated site for housing. No
Special Permit Residential Development shall be initiated without first obtaining a
special permit with site plan review in accordance with the provisions of this section.The
purpose of the special permit with site plan review is to provide detailed review of
residential developments that have a substantial impact upon the character of the town,
adjacent residential areas and the provision of public facilities and services. All
residential developments require a special permit except for a single dwelling on a single
lot, dwellings in two-lot conventional subdivisions and dwellings on lots created by the
ANR process on an existing street. (For Planned Residential Developments see Article
VIII.)
B. The provisions of this section are intended to:
(1) ensure that the development of multiple dwellings does not detract from the
livability,scale,character or economic value of existing residential neighborhoods;
(2) encourage greater diversity of housing opportunities in Lexington to meet the needs
of a population which is diversified with respect to number of persons in a
household,stage of life,and income;
(3) encourage the development of affordable housing
(4) promote development proposals designed with sensitivity to the characteristics of the
site that otherwise might be limited by application of uniform,largely geometric
standards;
(5) permit different types of structures and residential uses to be combined in a planned
interrelationship that promotes an improved design relationship between new
buildings and public facilities and common open space;
(6) preserve historically or architecturally significant buildings or places;
(7) encourage the preservation and minimum disruption of outstanding natural features
of open land and to minimize impacts on environmentally sensitive areas;
(8) encourage sustainable development through the use of green building practices and
low-impact development techniques;
(9) promote the efficient and economical provision of public facilities such as
utilities and streets and facilitate a detailed assessment,by town officials and the
public,of the adequacy of such facilities and services for the proposed level of
development.
§135-45.Types of Special Permit Residential Development.
A. A Special Permit Conventional Development(SPCD)is the development of a conventional
subdivision of three or more lots.
B. A Site Sensitive Development(SSD)is the development of a parcel with configurations of lots
allowing flexibility and creativity in residential development through reductions in minimum
lot size and frontage requirements in order to minimize site disturbance,preserve historic and
sensitive natural resources,and allow for efficient patterns of construction to lower
development cost.The number of dwellings in a Site Sensitive Development may not exceed
the number of dwellings that could be constructed in the development of a conventional
subdivision.
C. A Balanced Housing Development(BHD)is a development allowing deviation from the
dimensional standards that apply to developments in conventional subdivisions in order to
achieve a balance of housing choices for a diversity of household types and sizes.Instead of
determining density by minimum lot size and frontage requirements,the amount of
residential development for the tract as a whole is based on calculations of gross floor area
and impervious surface area derived from a conventional development plan for the tract of
land.
2008 Annual Town Meeting—April 9, 2008, continued...
D. A Public Benefit Development(PBD)is a type of Balanced Housing Development that allows
increases in gross floor area and impervious surface area in return for the creation of 10%of
the units as affordable housing.
135-46. Development Standards.
An applicant is not entitled to the maximum development,nor is the applicant entitled to approval
of a Special Permit Residential Development.The amount of development permitted will be based
on a fully complying proof plan and the Planning Board's evaluation of the extent to which the
proposed development complies with the criteria set forth below.
A proof plan is a plan showing the layout of lots and roadways for the development tract that fully
complies with the requirements of the Zoning By-law and the Planning Board's Development
Regulations for a conventional subdivision. (See§175-11.A(8).)
A. Special Permit Conventional Developments
Each lot within a Special Permit Conventional Residential Development must comply
with the dimensional standards set forth in Table 2 and elsewhere in this By-Law. In
addition,the following standards must be met:
(1)The impervious surface ratio of each improved lot may not exceed 0.20 in an RS or
RT district,or 0.12 in an RO district.
(2)A dwelling erected on a single lot,including any addition thereto,having a gross floor
area of 2500 square feet or more,shall have minimum rear and side yards of 25 feet.
(3)At least 90%of the required minimum lot area must be contained in a contiguous
developable site area.
B. Site Sensitive,Balanced Housing and Public Benefit Developments
In Site Sensitive Developments,Balanced Housing Developments and Public Benefit
Developments the following standards must be met:
(1)The requirements of Table 2 are modified as follows:
(a)Lot area.There is no minimum lot area required.Individual lot area shall be sufficient
to meet off-street parking requirements of this By-Law and the installation of any on-
site water supply and sewage disposal facilities.
(b)Frontage.There is no minimum frontage required.Frontage for each lot shall be
sufficient to provide for adequate access to the building site.Where shared driveways
or other circumstances render frontage on a street to be of no importance,none is
required.
(c)Yard requirements.Yards required by Table 2 shall apply to the perimeter of the site,
but are not applicable between dwellings within the site.
(d)Site coverage.There is no maximum site coverage permitted for individual lots. Site
coverage for the development tract as a whole is limited as described below.
(2) Gross Floor Area.
(a) Site Sensitive Developments. There are no limits to the gross floor area of the
dwellings(but see the impervious surface limit in subsection(4)and the site
coverage limit in subsection(5)).
(a) Balanced Housing Developments.The total gross floor area(GFA)of all structures
in the development shall be less than the number of lots shown on the proof plan
multiplied by 7,200 square feet.
(b) Public Benefit Developments.The total gross floor area(GFA)of all structures in
the development shall be less than the number of lots shown on the proof plan
multiplied by 8,640 square feet.
(3)Dwelling unit count and limitations on unit size.
(a)Site Sensitive Developments.The number of dwellings shall not exceed the number
of dwellings shown on the proof plan.
2008 Annual Town Meeting—April 9, 2008, continued...
(b)Balanced Housing Developments.The number of dwelling units permitted is not
prescribed.Fifty(50%)of the total units are restricted in size. At least twenty-five
percent(25%)of the dwelling units must have a GFA not larger than 2,700 square
feet,and at least fifty percent(50%)of the dwelling units must have a GFA not larger
than 3,500 square feet.
(c)Public Benefit Developments.The number of dwelling units permitted is not
prescribed.Fifty(50%)of the total units are restricted in size.At least twenty-five
percent(25%)of the dwelling units must have a GFA not larger than 2,700 square
feet,and at least fifty percent(50%)of the dwelling units must have a GFA not larger
than 3,500 square feet. In addition,ten percent(10%)of the total number of dwelling
units in the development must be affordable to households earning no more than 80%
of the Area Median Income(See§135-48C(9)(b)).
(4)Maximum Impervious surface.
(a)Site Sensitive Developments.The impervious surface limit in an SSD is based on the
proof plan.The limit for the development as a whole is calculated as follows:
Step 1:Determine the area in square feet of each lot shown on the proof
plan.For each lot in a RS or RT district,multiply its lot area by.20;for
each lot in the RO district,multiply its lot area by.12.
Step 2:Determine the total area of the impervious surfaces contained on the proof
plan that are not contained within lots,such as roads,sidewalks,and similar surfaces.
Step 3:The impervious surface limit for the SSD is the sum of the impervious surface
calculations from steps one and two.
(b)Balanced Housing Developments.The impervious surface limit in a BHD is
calculated in the same manner as that of a SSD.
(c)Public Benefit Developments.The impervious surface limit in a PBD is calculated in
the same manner as that of a SSD and increased by twenty percent(20%),i.e.
multiplied by 1.20.
(5)Maximum Site Coverage.
(a)For Site Sensitive Developments,the site coverage limit is based on the proof plan.
The limit for the development as a whole is calculated as follows:
Step 1:For each lot on the proof plan,multiply its lot area in square feet by
.15 for lots in RS and RT districts,and by.09 for lots in RO districts.
Step 2:The site coverage limit for the SSD as a whole is equal to the sum of the
individual lot site coverage calculations determined in Step 1.
(b)For Balanced Housing Developments,there is no site coverage limit.
(c)For Public Benefit Developments,there is no site coverage limit.
(6)Common Open Space.
(a) Minimum common open space.At least 33%of the developable site area (see
§135-41A)in a BHD or PBD shall be set aside as common open space.A
maximum of 20%of common open space may be devoted to parking or structures
used for,or accessory to,active outdoor recreation provided such parking or
structures are consistent with the open space uses of such land.
(b)Location;condition.Where required or provided,common open space shall be
land that may be in one or more parcels of a size and shape appropriate for the
intended use and available for use by all occupants of a development.
(c)Ownership.Common open space may be conveyed to:
[1] and accepted by the Town to ensure its perpetual use as open space,
conservation,recreation or park land;or
[2] a legal association comprised of the owners of the development, which may
include homeowners or owners of condominium or cooperative units;or
[3] a non-profit organization the principal purpose of which is the conservation
of open space.
[4] Easement. When such open space is conveyed to persons or entities other
than the Town, an easement over such land shall be granted to the Town to
2008 Annual Town Meeting—April 9, 2008, continued...
ensure its perpetual use as open space,conservation,recreation or park land.
(7)Streets and drives.The objective of this section is that adequate access for
fire-fighting,medical and other emergency operations be provided from the public
street system to each Site Sensitive,Balanced Housing,or Public Benefit
Development.
(a) Connection to public street system. Each street and interior drive,or system of
streets or interior drives,shall connect to a public street.
(b) A dead-end interior drive will be treated in the same manner as a dead-end street,
and is subject to the provisions governing a dead-end street that are found in the
Development Regulations§175-45 E.
(c) In a development served by a dead-end street or dead-end interior drive,a
secondary means of access may be required in order to provide adequate access
for fire-fighting,medical and other emergency vehicles.The Fire Chief will be
consulted as to the adequacy of the access.
(8)Compliance with other rules and regulations.The construction of community
services,such as utilities,and of streets and interior drives shall comply with the
requirements of the Planning Board's Development Regulations.
135-47. Special Permit Provisions.
A. The Planning Board,acting as SPGA,may,as part of the grant of a special permit with site
plan review:
(1)Modify the provisions of the following sections of this By-law,as they may apply to
individual dwellings or lots within a Special Permit Residential Development:
SPCD SSD BHD PBD
§135-35D relative to the number of dwellings on a lot No No Yes Yes
§135-36B relative to lot width No Yes Yes Yes
§135-36C relative to contiguous developable site area No Yes Yes Yes
§135-65A relative to the location of off-street parking spaces No Yes Yes Yes
§135-67 relative to setbacks required for parking spaces and driveways No Yes Yes Yes
§135-27E relative to the subdivision of land in relation to lots or No Yes Yes Yes
buildings that are nonconforming or would not comply with this By-
Law as a result of the proposed development
(2)Permit the following types of buildings:
SPCD SSD BHD PBD
One-Family Detached Yes Yes Yes Yes
Accessory Apartment Yes Yes Yes Yes
Two-family No* No* Yes Yes
Townhouse No No Yes Yes
*Yes in RT District
(3) Permit an accessory apartment,as described in§135-19 of this By-Law,to be created
in a detached,one-family dwelling in a Special Permit Residential Development.
The provisions of§135-19A,B,D and F of this By-Law shall apply with the
following exceptions:
(a) Section 135-19B(1),which permits no more than two dwelling units on a lot,
shall not apply to Balanced Housing Developments.
(b) Section 135-19D(1),which requires that the lot area shall contain at least the
minimum area required in the district in which it is located,shall not apply.
(4) Allow an existing structure,that was constructed at least 10 years prior to the
date of application for approval of the special permit,to be converted to a
multifamily dwelling,a rooming house,a group quarters,an independent living
residence,an assisted living residence,or a congregate living facility,provided the
Planning Board determines that:
(a) The structure can be modified for a residential use that does not have adverse
impacts on any adjacent single-family neighborhood;
2008 Annual Town Meeting—April 9, 2008, continued...
(b) The exterior character of the structure is maintained and is compatible with any
adjacent neighborhood of single-family dwellings;
(c) Modification of the existing structure maintains more of the site as open space than
the alternative of removal of the structure and further subdivision of the lot into
house lots.
B. The special permit shall incorporate by reference:
(1)The building design and definitive site development plans filed with the application
for a special permit;and
(2)Where applicable,any legally binding document that has been submitted to ensure the
completion and continued availability of any proposed improvement or compliance
with special conditions.
135-48.Special Permit Procedures
A. SPGA. The Planning Board shall be the special permit granting authority for all Special
Permit Residential Developments. In acting upon applications for special permits with
site plan review,the SPGA shall be governed by the provisions of§§ 135-12 and 135-13.
The Planning Board may grant special permits that are required for the Special Permit
Residential Development, notwithstanding provisions of this By-Law designating a
different special permit granting authority.
B. Special permit application requirements.
(1)The application for a special permit with site plan review(SPS)under this section
shall be accompanied by a definitive site development plan,as described in§135-14,
and as the Planning Board may describe in its Development Regulations.
(2)Where the applicant also submits a definitive subdivision plan complying with the
Subdivision Control Law and the Planning Board's Development Regulations,insofar
as practical,the public hearing on the application for the special permit with site plan
review and the definitive subdivision plan shall be held concurrently.
C. Special permit criteria for approval.The SPGA may only grant a special permit with site
plan review if it makes a determination that the proposed development is consistent with
the standards and criteria set forth in§135-12 and the following additional criteria:
(1)Where there is common open space it shall include,as applicable:
(a)Some,or all,of the outstanding natural features of the site and of the man-made
features,including but not limited to stone walls,that enhance the land form;
(b)Land that increases visual amenities for residents of the development and of the
adjacent neighborhood;
(c)One or more paths or entry points specifically designed for access purposes;
(2)The dwellings are sited and oriented in a complementary relationship to:each other,
the common open space,and the adjacent properties with respect to scale,mass,
setback,proportions and materials;
(3)Negative visual impacts of the development,if any,are screened from adjacent
properties and nearby streets by landscaping or other site planning techniques;
(4)Where opportunities exist,improved access is provided to,or additional links and
connections are developed to,a town system of public facilities,such as open space,
recreation facilities,footpaths or bicycle paths;
(5)Any building which contains more than one dwelling unit is designed so that either:
(a)The building has the exterior appearance of a one-family dwelling;or
(b)If two-family dwellings and/or townhouses are constructed,each individual
dwelling unit has access to ground level and an opportunity for a private yard,
patio,or other private outdoor space;
(6)There are provisions for common facilities,such as recreation or parking,or for
services such as the maintenance of streets,walkways or paths,utilities,landscaping
or recreation facilities;
2008 Annual Town Meeting—April 9, 2008, continued...
(7)Where there are sufficient dwelling units,the layout of the street(s)and interior
drive(s)will accommodate vehicles,other than automobiles,that are used in local
transportation services.
(8)To the extent practicable,sustainable development techniques,including green
buildings,have been utilized.
(9) In addition to the findings and determinations required by §135-12B of this By-Law,
and the criteria contained in numbers(1)-(8)herein,a Public Benefit Development
shall meet the following criteria:
(a)There are sufficient benefits to the adjacent neighborhood and the town generally
to warrant an increase in the maximum development otherwise permitted;and
(b)Legally binding documents have been submitted that insure that Affordable Units
will continue to be available to Eligible Households in perpetuity.An Affordable
Unit shall be subject to maximum household income established for that unit,
based on the Area Median Income(AMI)as annually determined by the U.S.
Department of Housing and Urban Development,assuming one more person in
the household than the number of bedrooms in the unit.Eligible Households shall
have incomes no greater than 80%of the AMI.
D. Denial of special permit. The SPGA may deny an application for a special permit with site
plan review hereunder and base its denial upon:
(1)A failure to comply with the provisions set forth in this Article IX;or
(2)A finding that the proposed development would not be consistent with the general
objectives set forth in§135-44 or the criteria set forth in subsection C above.
E. Revision of special permit.Subsequent to a special permit with site plan review granted by
the SPGA under the provisions of this section,minor revisions may be made from time to
time in accordance with applicable law,by-laws,and regulations,but the Special Permit
Residential Development approved under such special permit with site plan review shall
otherwise be constructed in accordance with the approved definitive site development
plan.The developer shall notify the SPGA in advance of any such revision,which shall
not be effective until approved by vote of the SPGA.If the SPGA determines that such
revisions are not minor,it shall order that an application for a revised SPS be filed and a
public hearing be held in the same manner as set forth in§135-13.
[Sections 135-49 and 135-50 intentionally left blank]
B. That Section 135, Article IX "Residential Development" of the Zoning By-Law be
amended by moving all references to the special zoning district"RD Planned Residential
Development"from Article IX into Article VIII,which is the section of the by-law dealing
with Special Zoning Districts, and deleting references to useable open space. The
amended Article VIII(with the sections brought in from Article IX shown in italics for clarity)
will read as follows:
ARTICLE VIII SPECIAL ZONING DISTRICTS
135-42.Planned Development Districts.
A.Objective.A planned development district is intended:
1) to permit considerable flexibility in the development of tracts of land by
requiring few pre-determined standards,
2) to permit a developer to propose, and for the Town to vote on a site
development and use plan unique to a particular location,
3) to permit the use of development standards more detailed than the more general
standards elsewhere in this By-Law,
4) to provide information for the Town to evaluate the potential impacts of a
proposed development and to enable the SPGA to require adherence to such site
development plans in the granting of a special permit.
B.Planned Commercial District-CD,
(1) Standards for development. The Planned Commercial District CD does not
have pre-determined standards for development. Such standards are to be
proposed by the developer, included in the preliminary site development and
use plan and approved by the Town Meeting.
2008 Annual Town Meeting—April 9, 2008, continued...
(2) Town Meeting presentation. Each petition presented to the Town Meeting for
rezoning land to a CD district shall include a preliminary site development and
use plan as described in §135-14, and shall be filed in accordance with the
provisions of that section.
(3) Uses permitted. No use is permitted and no development may occur in a CD
district except in conformity with a preliminary site development and use plan
approved by the Town Meeting, the provisions of this section and a special
permit with site plan review granted by the SPGA. Uses other than commercial
may be in a CD district if clearly identified in the preliminary site development
and use plan approved by the Town Meeting.
(4) SPGA. The Board of Appeals shall be the special permit granting authority. In
action upon applications for special permits with site plan review, the SPGA
shall be governed by the provisions of§135-12..
C.Planned Residential Development Districts RD.
(1) Standards for development. A number of standards for development in the
planned residential development district, RD, are included here. Additional
standards may be proposed by the developer and included in the preliminary site
development and use plan and approved by the Town Meeting.
Minimum area of tract to be developed 125,000 sf
Minimum frontage of the tract on an existing street 100 ft.
Minimum yard setback on perimeter of tract
Front Yard 40 ft
Side yard, rear yard 30 ft.
Maximum impervious surface ratio .40
Minimum common open space as percentage of developable site area 10%
Maximum height of building 40 ft.
In an RD District in which the area of the tract to be developed is not less than
20 acres and the planned residential development involves the redevelopment of
existing structures, wherein not less than 25% of such existing structures shall
be retained or rehabilitated the following standards shall be modified as
follows:
Minimum yard setback on the perimeter of the tract
Front yard 8 ft.
Side yard, rear yard 30 ft.
Maximum impervious surface ratio 0.55
Maximum height of dwellings 60 feet.
If a street or interior drive in an RD, Planned Residential District, is located in
a minimum yard, there shall be a screen of densely planted vegetation and/or an
opaque fence adjacent to the lot line, as provided in Article X of this By-Law,
for such distance as the Planning Board may determine in order to provide
protection for abutting residential lots.
Where there are more than 20 dwelling units in an RD District served by a
dead-end street or dead-end interior drive, two means of access connected to
the public street system, suitable for fire-fighting, medical and other emergency
vehicles, shall be provided to each dwelling or dwelling unit. One means of
access shall be a street or interior drive that complies with the standards for
streets and rights-of-way set forth in the Subdivision Regulations.If not another
street, the second means of access may be a paved way, subject to the approval
of the Fire Chief that:
(a) is at least 10 feet wide, and constructed in a manner suitable for
fire-fighting equipment,
(b) has provision for snow removal and other maintenance to assure year round
access, and
(c) may have a gate or other barrier to restrict general motor vehicle traffic
provided there is an easy means of opening such gate or barrier for
emergency vehicles.
2008 Annual Town Meeting—April 9, 2008, continued...
(2) Nonresidential uses.In an RD district, the planned residential development may
also include commercial uses provided:
(a) such uses serve primarily the residents of the development,
(b) such uses are conducted within and may be entered only from within a
principal building,
(c) there is no external evidence of such uses visible beyond the development
tract, and
(d) the appearance and character of the commercial uses are compatible with a
residential development.
(3) Town Meeting presentation. Each petition presented to the Town Meeting for
rezoning land to an RD District shall include a preliminary site development
and use plan as described in§ 135-14 and shall be filed in accordance with the
provisions of that section.
(4) Development permitted. No types of residential buildings may be constructed
and no development may occur in an RD district except in conformity with a
preliminary site development and use plan approved by the Town Meeting,the
provisions of this article and a special permit with site plan review (SPS)
approved by the SPGA.
(5) Types of Buildings permitted in an RD district are: one family detached,
accessory apartment, two-family, townhouse, three-family, four family, multi-
family, rooming house, group quarters, independent living residence; assisted
living residence, congregate living facility, long-term facility, and conversion of
municipal building.
(6) SPGA. The Board of Appeals shall be the special permit granting authority. In
acting upon applications for special permits with site plan review, the SPGA
shall be governed by the provisions of§§135-12 and 135-50.
D. Conversion of municipal buildings and surplus municipal land.
(1) General objectives. This section is intended to allow the conversion of
municipal buildings and the development of land on which they are situated and
of surplus municipal land in a manner which:
(a) Encourages practical residential development in the reuse of existing
structures;
(b)Is compatible with the adjacent neighborhood;
(c) Encourages development of economically priced housing and a variety of
types of housing;and
(d) Fosters flexibility and creativity in the disposition of surplus municipal
property.
(2) Modified RD procedure. The conversion of a municipal building or the
development of surplus municipal land shall follow the same procedures for the
rezoning of land for the RD Planned Residential Development District with the
following exceptions:
(a) The minimum size of the RD Planned Residential Development District and
minimum area of the tract to be developed specified above and in Table 2
may be less than 125,000 square feet;and
(b) The minimum frontage of the tract on an existing street specified above and
in Table 2 may be less than 100 feet.
(3) SPGA.The Board of Selectmen shall be the special permit granting authority.
E.Rezoning provisions applicable to both CD and RD Districts
(1) Filing of preliminary site development and use plan. To copies of the preliminary site
development and use plan which accompanies a petition for a rezoning shall be filed
with the Town Clerk and one copy with the Planning Board at least three weeks prior to
the Planning Board public hearing required to be held under Chapter 40A. Subsequent
to that public hearing,revisions to the preliminary site development and use plan may
be filed with the Town Clerk and the Planning Board and must be filed at least seven
2008 Annual Town Meeting—April 9, 2008, continued...
days prior to the first session of the Town Meeting.The vote of the Town Meeting shall
refer to the preliminary site development and use plan and shall be considered part of
the rezoning action.
(2) Amendments to the preliminary site development and use plan. After the filing of the
preliminary site development and use plan which accompanies a petition for a rezoning,
the Town Meeting shall not take favorable action on a proposed amendment to the
preliminary site development and use plan unless:
(a) At least seven days prior to the vote of the Town Meeting on the petition the Town
Meeting Member proposing such amendment:
[1]Has filed a copy of the proposed amendment with the Town Clerk and the
Planning Board,and
[2]Has sent a copy of the proposed amendment by registered mail to the
petitioner,
(b) the Moderator shall determine that the proposed amendment is within the scope of
the petition and the preliminary site development and use plan most recently filed
as provided in Subsection D(1),and
(c) at least two thirds of the Town Meeting vote favorably on the proposed amendment.
(3) Amendments to the preliminary site development and use plan 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.
E. Special permit provisions applicable to both CD and RD Districts.
(1) Special permit application The application for an SPS under this section shall comply with
§135-12 and shall be accompanied by:
(a) a copy,certified by the Town Clerk,of the preliminary site development and
use plan approved by the Town Meeting.
(b) definitive site development and use plan as described in§ 135-14.
Special permit provisions. The SPGA may grant a special permit with site plan review (SPS)
for the development of a tract of land in the CD or RD district subject to the following
provisions:
(a) The SPGA makes a determination that the development conforms substantially
to the preliminary site development and use plan approved by the Town
Meeting and is consistent with the considerations set forth in§ 135-12;
(b) The SPS incorporates, by reference, the definitive site development and use
plan filed with the application for the SPS;
(c) The SPS may allow any or all of the uses specified in the plan approved by
Town Meeting but no others;
(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 buildings and changes in the site plan;
(e) The SPS shall require that any land designated as common open space on the
approved plan shall be either conveyed to the Town or protected by an easement
granted to the Town;and
(f) The SPS may contain such additional conditions as the SPGA finds will serve
the public interest.
2008 Annual Town Meeting—April 9, 2008, continued...
(3) Denial of special permit, The SPGA may deny an application for an SPS and base its
denial upon a finding that the proposed development does not conform substantially to
the plans for the commercial or residential development of the tract as approved by the
Town Meeting.
(4) Revision of special permit.
(a) Subsequent to an SPS granted by the SPGA,minor 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.
(b) If the SPGA determines such revisions not to be minor,it shall order that an
application for a revised SPS be filed and a public hearing held in the same
manner as set forth in§135-12.
(5) Changes in uses or site development plans. Changes in uses or substantial changes in
the site development plan approved by Town Meeting may be made only after approval
by Town Meeting of a new site development and use plan according to the procedures
used for a zoning amendment, followed by the issuance of an SPS based on the new
approved plan.
§135-43.Overlay districts.
An overlay district is a special purpose zoning district which is superimposed over another
zoning district so that the land contained within the overlay district is subject to the
requirements of both the overlay district and the zoning district in which it is located. An
overlay district does not supersede the requirements of the other zoning district, which remain
in effect,but are additional requirements applicable to all land within the overlay district.
A. Wetland Protection District
(1) Purpose of district. The purposes of the Wetland Protection District are to
preserve and maintain the ground water table; to protect the public health and
safety by protecting persons and property against the hazards of flood water
inundation; and to protect the community against the costs which may be
incurred when unsuitable development occurs in swamps,marshes,along water
courses,or in areas subject to floods.
(2) Districts superimposed over other districts. A Wetland Protection District shall
not supersede other zoning districts established by this by-law for land within
the District but shall be deemed to be superimposed over such zoning districts.
(3) Permitted Uses. Within a Wetland Protection District no land shall be used
except for one or more of the following uses; any woodland,grassland,wetland,
agricultural, horticultural, or recreational use of land or water, provided such
use does not require filling of the land.
(4) Special permit for structures accessory to permitted uses. The Board of Appeals
may issue a special permit for buildings and structures accessory to any of the
uses permitted in Subsection A(3), or for filling and excavation of the land for
such uses,if the Board finds that such building,structure or filling or excavation
is in harmony with the general purpose and intent of Section 8.6. A copy of
every application for such a special permit shall be given by the applicant at the
time of submission of the application to the Board of Selectmen,to the Board of
Health, to the Planning Board, and to the Conservation Commission as well as
all other parties required.
(5) Special permits for uses in harmony with general purposes of the district
1) The Board of Appeals may issue a special permit for any use of land which
would otherwise be permitted if such land were not,by operation of this section,
in the Wetland Protection District if the Board finds:
[1] that such land within the District is in fact not subject to flooding or
is not unsuitable because of drainage conditions for such use,and
[2] that the use of such land for any such use will not interfere with the
general purposes for which Wetland Protection Districts have been
established,and
[3] that such use will not be detrimental to the public health, safety, or
welfare.
2008 Annual Town Meeting—April 9, 2008, continued...
(b) A copy of every application for a special permit under this section shall
be given by the applicant at the time of submission of the application to
the Planning Board,the Board of Health,the Conservation Commission,
and the Board of Selectmen. The Board of Appeals shall not hold a
public hearing on the application earlier than 35 days after submission of
the application. The above-named Boards shall submit reports or
recommendations on the application to the Board of Appeals at or before
the public hearing on the application,but failure to make such reports or
recommendations shall not prevent action by the Board of Appeals.
(6) Uses prohibited within wetland district. Except as provided in Subsection
A(4)or(5)there shall be in the Wetland Protection District:
(a) No landfill or dumping or excavation of any kind.
(b) No drainage work other than by an authorized public agency.
(c) No damming or relocation of any watercourse except as part of an
overall drainage plan.
(d) No building or structure.
(e) No permanent storage of materials or equipment.
(7) Pre-existing uses.No land,building,or structure in a Wetland Protection District
shall be used for sustained human occupancy except buildings or structures
existing on the effective date of this section, or land, buildings or structures
which comply with the provisions of this by-law. Where no filling of such land
takes place, any addition, alteration,repair or reconstruction of such building or
structure or the construction of any structure accessory thereto shall be exempt
from the provisions of Subsection A(4)and(5).
(8) If any part of a lot is within the Wetland Protection District,that part of the lot
may be used to meet the lot area and minimum yard requirements specified in
Table 2 for lots in the underlying district.
B. Nation Flood Insurance District.
(1) Purpose of the District.The purpose of this district is to insure proper flood plain
management consistent with criteria established by the National Flood Insurance
Program.
(2) Superimposed over other districts. The National Flood Insurance District shall
not supersede other zoning districts but shall be deemed to be superimposed over
these other zoning districts.
(3) Areas included. This district shall include all special flood hazard areas
designated either as Zone A or Zone A-1 through A-30 on the Flood Insurance
Rate Map(F.I.R.M.).
(4) Board of Appeals requirements. The Board of Appeals shall be the Special
Permit Granting Authority for this section. Special Permits for construction or
substantial improvements may be granted subject to the following requirements.
(a) CONSTRUCTION ABOVE FLOOD LEVELWithin those areas designated
as Zones A-1 through A-30, all new residential construction or substantial
improvements (the cost of which equals or exceeds fifty percent of the
market value of the structure) shall have the lowest floor, including
basement, elevated to or above the base flood level (the 100-year flood
elevation) designated on the F.I.R.M. Nonresidential structures must be
elevated to or above the base flood level or must be floodproofed and
watertight to the base flood level. All other development must meet at least
the minimum standards as set forth in the National Flood Insurance Program
rules and regulations effective October 1, 1986, or as duly amended from
time to time thereafter.
(b) Definition of flood level for Zone A. Within those areas designated as Zone
A,where the base flood level is not identified on the F.I.R.M.,the applicant
for a special permit shall provide the SPGA with data defining the base
flood level. This data will be used to comply with the requirements of
Subsection B(4)(a).
(c) Limit construction in floodway.
[1] Within those areas designated as a floodway, the SPGA shall grant no
special permit for the following encroachments unless a registered
professional engineer or architect certifies that such encroachments will
2008 Annual Town Meeting—April 9, 2008, continued...
not result in any increase in the flood level during the occurrence of the
100 year flood discharge:
[a] Landfill or dumping of any kind
[c] Construction or substantial improvements
[c] Permanent storage of materials or equipment
[2] Construction permitted within a floodway must comply with the
requirement of Subsection B(4)(a).
(d) Watertight floodproofing. Where watertight floodproofing of a structure is
permitted,registered professional engineer or architect shall certify that the
methods used are adequate to withstand the flood depths,pressures,
velocities,impact and uplift forces,and other factors associated with the 100
year flood.
3.That the Lexington Zoning By-Law be amended by making the changes shown below so
that the By-law will be consistent with the changes made in sections 2 and 3 above. For clarity
a new article XVI will be added;it will contain the information currently in section 135-46F
that governs dead end streets and drives.
(The page number refer to the 2007 Zoning By-law)
Reference Existing By-law Redlined Proposed Changes
(comments are in italics and are
not part of the proposed changes)
Chapter 135 Will need to be renumbered,but
Table of is not considered part of the
Contents Zoning By-law so does not need a
vote of Town Meeting.
135-3 All amendments to these By- All amendments to these By-Laws All amendments to these By-
p.13508 Laws shall be made in a shall be made in a manner Laws shall be made in a manner
manner conforming with conforming with Section 5 of conforming with Section 5 of
Section 5 of Chapter 40A of the Chapter 40A of the General Laws. Chapter 40A of the General Laws.
General Laws.Petitions for Petitions for rezoning to the RM,
rezoning to the RM,RD or CD RD or CD District and a References are obsolete and can
District and a development dovolopmont proposal pursuant to§ be eliminated
proposal pursuant to§135-46 - t'_•• -. - _
presented to the 1985 Annual Annual Town Mooting may bo votod
Town Meeting may be voted by tho Town Mootin and comply
by the Town Meeting and with the Zoning By Law as it was in
comply with the Zoning By- effect in January 1985.Any building
Law as it was in effect in permit or special permit which wau
January 1985.Any building properly issued between January 17,
permit or special permit which 1991,AND April 1,1991,and
was properly issued between which might othorwiso bo subjoct to
January 17,1991,AND April tho arnondmonts doalin with off
1,1991,and which might ,;troot parldng roquiromonts which
otherwise be subject to the were approved by Article 31 of the
amendments dealing with off- 1991 Annual Town Meeting shall
street parking requirements comply with the Zoning By Law au
which were approved by it was in effect in December 1990.
Article 31 of the 1991 Annual
Town Meeting shall comply
with the Zoning By-Law as it
was in effect in December
1990.
§135-8 INSERTION Insert between"AVAILABLE BALANCED HOUSING
p.13510 SPACE"and"BANK" DEVELOPMENT--A type of
Special Permit Residential
Development as defined in§135-
45.
§135-8 CLUSTER DEVELOPMENT CLUSTER DEVELOPMENT Delete
p.13511 [Deleted 4-8-1985 ATM by {Dolotod 8 1985 ATM by Art.11]
Art.11] CLUSTER SUBDIVISION A
CLUSTER SUBDIVISION-- rosidontial dovolopmont in which
A residential development in buildings aro constructod on lots in
which buildings are constructed ono or moro_oups soparatod from
on lots in one or more groups adjacent property and other groups
separated from adjacent of buildings by intervening open
property and other groups of land.The density,dimensional
buildings by intervening open .standards or typos of buildings
land.The density,dimensional ponnittod may vary from those
standards or types of buildings othorwiso ponnittod or roquirod.
permitted may vary from those {Addod 8 1985 ATM by Art.11;
otherwise permitted or urnondod 1'1 1986 ATM by Art.
required.[Added 4-8-1985 /11;'I 22 2002 ATM by Art.21]
ATM by Art.11;amended 4-
14-1986 ATM by Art.41;4-
22-2002 ATM by Art.21]
§135-8 DWELLING--[Added 4-6- DWELLING--[Added 4-6-1983 DWELLING--A structure,or
pp.13513- 1983 ATM by Art.14; ATM by Art.14;amended 4-8-1985 part of a structure,which:is
13514 amended 4-8-1985 ATM by ATM by Art.11]A structure,or part designed or used primarily for
Art.11]A structure,or part of of a structure,which:is designed or human habitation;contains one or
a structure,which:is designed used primarily for human habitation; more dwelling units;and is
2008 Annual Town Meeting—April 9, 2008, continued...
or used primarily for human contains one or more dwelling units; capable of separate ownership.
habitation;contains one or and is capable of separate Characteristics of dwellings:
more dwelling units;and is ownership.
capable of separate ownership. A. Structural characteristics of ONE-FAMILY
A. Structural characteristics dwellings: DETACHED DWELLING-
of dwellings: -A dwelling which is not
ONE-FAMILY DETACHED attached to any other
ONE-FAMILY DWELLING--A dwelling dwelling by any means and
DETACHED which is not attached to any is surrounded by open space
DWELLING--A other dwelling by any means or yards on all sides.
dwelling which is not and is surrounded by open TWO-FAMILY
attached to any other space or yards on all sides. DWELLING--A building
dwelling by any means SEMI-ATTACHED DWELLING-- containing two dwelling
and is surrounded by open A building containing two dwelling units.
space or yards on all sides. units which are attached to each TOWNHOUSE--A
SEMI-ATTACHED other by a common vertical wall, building containing three or
DWELLING--A building each dwelling unit having open more dwelling units in a row
containing two dwelling space or yards on three sides and in which each dwelling unit
units which are attached to each dwelling unit having direct has its own front and rear
each other by a common access to the ground. access to the ground,no
vertical wall,each TWO-FAMILY DWELLING- dwelling unit is located over
dwelling unit having open -A building containing two another dwelling unit,and
space or yards on three dwelling unit,;,with ono of tho each dwelling unit is
sides and each dwelling dwollin units all,or partially, separated from any other
unit having direct access on a story abovo tho othor(as. dwelling unit by one or more
to the ground. contrastod with a somi attachod party walls.
TWO-FAMILY dwelling). THREE-FAMILY
DWELLING--A building TOWNHOUSE--A building DWELLING-A building
containing two dwelling containing three or more containing three dwelling
units,with one of the dwelling units in a row in units,each of which has
dwelling units all,or which each dwelling unit has direct access to the outside
partially,on a story above its own front and rear access to or to a common hall that
the other(as contrasted the ground,no dwelling unit is leads to the outside.
with a semi-attached located over another dwelling FOUR-FAMILY
dwelling). unit,and each dwelling unit is DWELLING--A building
TOWNHOUSE--A separated from any other containing four dwelling
building containing three dwelling unit by one or more units,each of which has
or more dwelling units in party walls. direct access to the outside
a row in which each THREE-FAMILY or to a common hall that
dwelling unit has its own DWELLING--A building leads to the outside.
front and rear access to the containing three dwelling units, MULTIFAMILY
ground,no dwelling unit each of which has direct access DWELLING--A building
is located over another to the outside or to a common containing five or more
dwelling unit,and each hall that leads to the outside. dwelling units,each
dwelling unit is separated FOUR-FAMILY DWELLING occupied by one family.
from any other dwelling --A building containing four
unit by one or more party dwelling units,each of which
walls. has direct access to the outside
THREE-FAMILY or to a common hall that leads
DWELLING--A building to the outside.
containing three dwelling MULTIFAMILY--A building
units,each of which has containing five or more dwelling
direct access to the outside units.
or to a common hall that B. Occupancy characteristics of
leads to the outside. dwellings:
FOUR-FAMILY
DWELLING--A building ONE FAMILY DWELLING
containing four dwelling A building containing one
units,each of which has dwelling unit occupied by not
direct access to the outside more than one family.
or to a common hall that TWO FAMILY,THREE
leads to the outside. FAMILY,FOUR FAMILY
MULTIFAMILY--A DWELLING A building
building containing five or containing tho numbor of
more dwelling units. dwelling units indicated by tho
B. Occupancy characteristics first word of the phrase, ach
of dwellings: occupied by not more than one
family.
ONE-FAMILY MULTIFAMILY DWELLING--A
DWELLING--A building building containing five or more
containing one dwelling dwelling units,each occupied by
unit occupied by not more one family.
than one family.
TWO-FAMILY,THREE-
FAMILY,FOUR-
FAMILY DWELLING--
A building containing the
number of dwelling units
indicated by the first word
of the phrase,each
occupied by not more than
one family.
MULTIFAMILY DWELLING
--A building containing five or
more dwelling units,each
occupied by one family.
§135-8 DWELLING Delete,no need to carry reference
p.13514 CONVERSION
[Amended 4-9-1980 ATM
2008 Annual Town Meeting—April 9, 2008, continued...
by Art.66;deleted 4-6-
1983 ATM by Art.14]
DWELLING,ONE-
FAMILY DETACHED
[Added 4-6-1983 ATM by
Art.14;deleted 4-8-1985
ATM by Art.11]
DWELLING,TWO-
FAMILY[Deleted 4-8-
1985 ATM by Art.11]
§135-8 LIVING AREA OF A LIVING AREA OF A DWELLING Delete,no longer used in the By-
p.13515 DWELLING--The sum, --The sum,in square feet,of the law
in square feet,of the horizontal areas of all stories in a
horizontal areas of all dwelling unit measured from the
stories in a dwelling unit exterior face of exterior walls,or the
measured from the center line of a common wall.
exterior face of exterior Living area shall include space in a
walls,or the center line of half story which is finished and is
a common wall.Living accessed from permanent interior
area shall include space in stairs,but shall exclude garages,
a half story which is basements,cellars,crawl spaces,
finished and is accessed porches,attics and decks,and,in the
from permanent interior case of a dwelling with more than
stairs,but shall exclude one unit,common areas.[Added 4-
garages,basements, 8-2002 by Art.19]
cellars,crawl spaces,
porches,attics and decks,
and,in the case of a
dwelling with more than
one unit,common areas.
[Added 4-8-2002 by Art.
19]
§135-8 OPEN SPACE,USABLE OPEN SPACE,USABLE Delete,no longer used in By-law
p.13520 [Added 4-8-1985 ATM by {Added'I 8 1985 ATM by Art.
Art.11]--The part or 11] The part or parts of a lot,
parts of a lot,structure or ,;tructuro or building which aro
building which are providod for tho rocroational
provided for the and loisuro timo use and
recreational and leisure onjoymont of tho occupants of
time use and enjoyment of a building.The space shall:
the occupants of a A. Have minimum
building.The space shall: dimensions and characteristic&
A. Have minimum prescribed herein;
dimensions and
characteristics prescribed B. Be largely open and
herein; unobstructed to the sky;and
B. Be largely open and C. Exclude principal and
unobstructed to the sky; accossory buildings,parking
and ,paces and loading bays,
driveways and maneuvering
C. Exclude principal and aisle
accessory buildings,
parking spaces and
loading bays,driveways
and maneuvering aisle.
§135-8 PARKING SPACE PARKING SPACE Delete,cleans up By-law
p.13520
§135-8 INSERTION Insert between"PUBLIC"and PUBLIC BENEFIT
p.13520 "RACQUET COURT" DEVELOPMENT A type of
Special Permit Residential
Development as defined in§135-
45.
§135-8 INSERTION Insert between"SITE SITE SENSITIVE
p.13523 COVERAGE"and"SKILLED DEVELOPMENT--A type of
NURSING FACILITY" Special Permit Residential
Development as defined in§135-
45.
§135-8 INSERTION Insert between"SKILLED SPECIAL PERMIT
p.13523 NURSING FACILITY"and CONVENTIONAL
"SPECIAL PERMIT DEVELOPMENT—a type of
CONVENTIONAL Special Permit Residential
DEVELOPMENT" Development as defined in§135-
45.
§135-8 SPECIAL RESIDENTIAL SPECIAL RESIDENTIAL SPECIAL PERMIT
p.13523 DEVELOPMENT--A DEVELOPMENT--A residential RESIDENTIAL
residential development,which development,which may be on one DEVELOPMENT--A residential
may be on one or more lots,in or more lots,in which considerable development in which a tract of
which considerable design design flexibility is allowed if a land is divided into one or more
flexibility is allowed if a development meets design criteria as lots for constructing dwellings in
development meets design set forth in Article IX.The one or more groups and common
criteria as set forth in Article dimensional standards,types of open space.
IX.The dimensional standards, buildings permitted and density may
types of buildings permitted vary from those otherwise permitted
and density may vary from or required.[Added 4-14-1986
those otherwise permitted or ATM by Art.41;4-8-2002 ATM by
required.[Added 4-14-1986 Art.21]
2008 Annual Town Meeting—April 9, 2008, continued...
ATM by Art.41;4-8-2002
ATM by Art.21]
Table 1 Residential developments with Residential developments iranee Residential Developments.
p.13547 three or more dwelling units. or more dwelling units.All Balanced Housing Developments,
Line 1.18 All residential developments rosidontial dovolopmonts with throo Public Benefit Developments,
with three or more dwelling or moro dwollin units require a Site Sensitive Developments and
units require a special permit special permit with site plan review Special Permit Conventional
with site plan review(SPS). (SPS).See Article IX. Developments require a special
See Article IX. permit with site plan review
(SPS).See Article IX.
Table 1 Types of Dwellings and Types of Dwellings and Residential Types of Dwellings and
p.13547 Residential Facilities. Facilities. Residential Facilities.
following The types of dwellings and The types of dwellings and The types of dwellings and
Line 1.18 residential facilities permitted residential facilities permitted vary residential facilities permitted
vary according to the type of according to the type of district and vary according to the type of
district and the type(three the type(three alternatives)of district and the type of residential
alternatives)of residential residential developments h-twee developments.Listed below,for
developments with three or or more dwelling units.Listed information purposes,is a general
more dwelling units.Listed below,for information purposes,is a summary. §135-42C(5)and
below,for information general summary.Row 2 of tho §135-47A control which types of
purposes,is a general Schodulo of Ponnittod Buildings, dwellings are permitted.
summary.Row 2 of the Donsity and Dimonsional Standards
Schedule of Permitted controls which types of dwellings
Buildings,Density and are permitted.
Dimensional Standards controls
which types of dwellings are
permitted.
Table 1 One-family attached,two- Ono family attachod,two-family Two-family
p.13547 family (one-family attached is now
Line 1.182 covered by two family)
Table 1 Conversion of a municipal Conversion of a municipal building Conversion of a municipal
p.13547 building to residential use(see to residential use(soo§135 51) building to residential use(see
Line 1.187 §135-51) §135-42D)
§135-18.E Contributory lots.For one or Contributory lots.For one or more Contributory lots.For one or
p.13561 more lots that do not lots that do not otherwise qualify more lots that do not otherwise
otherwise qualify under under Subsection B above and are qualify under Subsection B
Subsection B above and are shown on a definitive site above and are shown on a
shown on a definitive site development plan submitted by an definitive site development plan
development plan submitted applicant,the SPGA may grant a submitted by an applicant,the
by an applicant,the SPGA special permit to modify:the SPGA may grant a special permit
may grant a special permit to standards in Table 2,Schedule of to modify:the standards in Table
modify:the standards in Table Dimensional Controls,the 2,Schedule of Dimensional
2,Schedule of Dimensional standards in Article V, Controls,the standards in Article
Controls,the standards in Supplementary Use Regulations V,Supplementary Use
Article V,Supplementary Use (entire article,covering the special Regulations(entire article,
Regulations(entire article, uses identified),the dimensional covering the special uses
covering the special uses and intensity controls in Article identified),the dimensional and
identified),the dimensional VII,Dimensional Controls,§§135- intensity controls in Article VII,
and intensity controls in 35 to 135-39,the landscaping, Dimensional Controls,§§135-35
Article VII,Dimensional transition and screening to 135-39,the landscaping,
Controls,§§135-35 to 135-39, requirements in Article X, transition and screening
the landscaping,transition and Landscaping,Transition and requirements in Article X,
screening requirements in Screening(entire article),or the Landscaping,Transition and
Article X,Landscaping, off-street parking and loading Screening(entire article),or the
Transition and Screening requirements in Article XI,Off- off-street parking and loading
(entire article),or the off- Street Parking and Loading(entire requirements in Article XI,Off-
street parking and loading article),provided the SPGA makes Street Parking and Loading
requirements in Article XI, a finding that such modifications (entire article),provided the
Off-Street Parking and are necessary to make historic SPGA makes a finding that such
Loading(entire article), preservation feasible on another lot modifications are necessary to
provided the SPGA makes a within the same development on make historic preservation
finding that such which an historic element,as feasible on another lot within the
modifications are necessary to defined in Subsection B,is located. same development on which an
make historic preservation The use of one or more lots that do historic element,as defined in
feasible on another lot within not otherwise qualify may apply to Subsection B,is located.The use
the same development on a conventional or cluster of one or more lots that do not
which an historic element,as subdivision(see Article IX)or to a otherwise qualify may apply to a
defined in Subsection B,is two lot subdivision qualifying for a conventional subdivision or
located.The use of one or frontao roduction(soo§135 35E). Special Permit Residential
more lots that do not Development(see Article IX).
otherwise qualify may apply
to a conventional or cluster
subdivision(see Article IX)or
to a two lot subdivision
qualifying for a frontage
reduction(see§135-35E).
§135-36.B No new principal structure No new principal structure shall be No new principal structure shall
p.13587 shall be erected on any part of erected on any part of a lot created be erected on any part of a lot
a lot created after April 30, after April 30,1984,which does created after April 30,1984,
1984,which does not have an not have an area in which a circle, which does not have an area in
area in which a circle,the the diameter of which is not less which a circle,the diameter of
diameter of which is not less than 80%of the minimum lot which is not less than 80%of the
than 80%of the minimum lot frontage,tangent to the lot frontage minimum lot frontage,tangent to
frontage,tangent to the lot and within all other lot lines,may the lot frontage and within all
2008 Annual Town Meeting—April 9, 2008, continued...
frontage and within all other be located.This provision shall not other lot lines,may be located.
lot lines,may be located.This apply in the case of a lot that This provision may be modified
provision shall not apply in qualifies under§135 38A. by the SPGA in the case of a lot
the case of a lot that qualifies that qualifies under§135-45B-D.
under§135-38A.
§135-36.0 No new dwelling shall be No new dwelling shall be erected No new dwelling shall be
p.13587 erected on any lot created on any lot created after April 13, erected on any lot created after
after April 13,1988,which 1988,which does not contain a April 13,1988,which does not
does not contain a contiguous developable site area contain a contiguous
contiguous developable site (see§135-41)which is at least developable site area(see§
area(see§135-41)which is 90%of the minimum lot area for 135-41)which is at least 90%
at least 90%of the the district in which the lot is of the minimum lot area for
minimum lot area for the located.This requirement shall the district in which the lot is
district in which the lot is not apply to any lot created in a located.This requirement may
located.This requirement clustor subdivision,a spocial be waived by the SPGA in the
shall not apply to any lot residential development or a case of any lot created in a
created in a cluster planned residential district. Site Sensitive Development,a
subdivision,a special Balanced Housing
residential development or a Development,a Public Benefit
planned residential district. Development,or a Planned
Residential District.
§135-38.B Cluster subdivisions and Cluster subdivisions and special Special Permit Residential
p.13589 special residential rosidontial developments.Certain Developments.Certain tracts
developments.Certain tracts tracts may be subdivided using may be subdivided using the
may be subdivided using the the provisions of§135 'I 8F provisions of§135-47 which
provisions of§135-48F which permit reduction of certain permit reduction of certain
which permit reduction of requirements of Table 2. requirements of Table 2.
certain requirements of
Table 2.
§135-38.E Frontage reduction for lots Frontao roduction for lots in a Omit entire section,concept
pp.13589- in a small subdivision. ,;mall subdivision. incorporated into Site
13590 Sensitive Developments
§135- Standards for development.A Standards for development.A Standards for development.A
42.C(1) number of standards for number of standards for number of standards for
p.13594 development in the Planned development in the Planned development in the Planned
Residential Development Residential Development District Residential Development District
District RD are included in RD are included in Articlo IX. RD are included here.Additional
Article IX.Additional Additional standards may be standards may be proposed by
standards may be proposed by proposed by the developer and the developer and included in the
the developer and included in included in the preliminary site preliminary site development and
the preliminary site development and use plan and use plan and approved by the
development and use plan and approved byTownMeeting. Town Meeting.
approved by the Town
Meeting.
§135- Development permitted.No Development permitted.No Development permitted.No
42.C(3) types of residential buildings types of residential buildings types of residential buildings
p.13594 may be constructed and no may be constructed and no may be constructed and no
development may occur in an development may occur in an development may occur in an
RD District except in RD District except in conformity RD District except in conformity
conformity with a preliminary with a preliminary site with a preliminary site
site development and use plan development and use plan development and use plan
approved by the Town approved by the Town Meeting, approved by the Town Meeting,
Meeting,the provisions of this the provisions of this article-and the provisions of this article and
article and of Article IX,and a of Articlo IX,and a special a special permit with site plan
special permit with site plan permit with site plan review review(SPS)approved by the
review(SPS)approved by the (SPS)approved by the SPGA. SPGA.
SPGA.
§135- SPGA.The Board of Appeals SPGA.The Board of Appeals shall SPGA.The Board of Appeals
42.C(4) shall be the special permit be the special permit wanting shall be the special permit
p.13595 granting authority.In acting authority.In acting upon granting authority.In acting
upon applications for special applications for special permits upon applications for special
permits with site plan review, with site plan review,the SPGA permits with site plan review,the
the SPGA shall be governed shall be governed by the provisions SPGA shall be governed by the
by the provisions of§§135-12 of§4135-12anam¢135 vm5 5050. provisions of§§135-12 and 135-
and 135-50. 13.
§135-43A(8) No effect on dimensional No effect on dimensional No effect on dimensional
p.13598 requirements.Notwithstanding requirements.Notwithstanding any requirements.If any part of a lot
any other provision of the othor provision of tho Schodulo of is within the Wetland Protection
Schedule of Permitted Permitted Buildings,Density and District,that part of the lot may
Buildings,Density and Dimensional Standards,if any part be used to meet the area and
Dimensional Standards,if any of a lot is within the Wetland dimensional yard requirements
part of a lot is within the Protection District,that part of the specified in Table 2 for lots in
Wetland Protection District, lot may be used to meet the area the underlying district.
that part of the lot may be and dimensional yard requirements
used to meet the area and specified in Table 2 for lots in the (the area reference in the
dimensional yard requirements underlying district. deleted Schedule ofPermitted
specified in Table 2 for lots in Buildings,Density and
the underlying district. Dimenisonal Standards is to
common open space.Common
open space excludes area in a
Wetland Protection Zoning
District but that doesn't affect
2008 Annual Town Meeting—April 9, 2008, continued...
the requirements in Table 2.)
Move from Streets and drives. Streets and drives. ARTICLE XVI
p.13607 to p. (1)Objective.The objective of (1)Objoctivo.Tho objoctivo ofthi&
13663,create this section is that adequate ,;oction is that adoquato accoss for DEAD END STREETS AND
a new Article access for fire-fighting, firo fi-rtinb,modical and othor DRIVES
XVI medical and other emergency emergency operations be provided
operations be provided from from the public street system to ach §135-93.Streets and Drives
the public street system to development with three or more
each development with three dwelling units. A. Connection to public street
or more dwelling units. system Each street and
(2) Connection to public street interior drive, or system of
(2)Connection to public street system Each street (dee streets or interior drives,
system Each street (See Dofinition.)and interior drive(See within a residential
Definition.) and interior drive Definition.),or system of streets or development shall connect to
(See Definition.),or system of interior drives,within a residential a public street.
streets or interior drives, development with three or more
within a residential dwelling unit& shall connect to a B. Meaning of "dead-end"
development with three or public street. street. A dead-end street or
more dwelling units shall dead-end interior drive is one
connect to a public street. (3) Meaning of"dead-end" street. which has only one means of
A dead-end street or dead-end entrance and exit to a through
(3) Meaning of "dead-end" interior drive is one which has only public street.
street. A dead-end street or one means of entrance and exit to a
dead-end interior drive is one through public street. (see C. Length and measurement of
which has only one means of Definition ofthrou_-i street.) dead-end street
entrance and exit to a through A dead-end street or
public street. (See Definition (4) Length and measurement of dead-end interior drive
of through street.) dead-end street shall not extend more
(a)A dead-end street or than 650 feet from:
(4)Length and measurement of dead-end interior drive
dead-end street shall not extend more than [1]a through public street
(a) A dead-end street or 650 feet from: or a
dead-end interior drive [1]a through public street;
shall not extend more or [2]street or interior drive
than 650 feet from: [2]a street or interior drive that intersects with a
[1] a through public that intersects with a through public street in at
street;or through public street least two places that are
[2] a street or interior in at least two places not less than 125 feet
drive that that are not less than apart provided such street
intersects with a 125 feet apart or interior drive is
through public provided such street constructed in accordance
street in at least or interior drive is with the standards for
two places that constructed in streets and rights-of-way
are not less than accordance with the set forth in the
125 feet apart standards for streets Development
provided such and rights-of-way set Regulations,
street or interior forth in the (b)The length of a
drive is Subdivision dead-end street or
constructed in Regulations, dead-end interior
accordance with drive and the
the standards for (b) The length of a dead-end distance between the
streets and rights- street or dead-end interior ntersection of streets
of-way set forth drive and the distance shall be measured as
in the Subdivision between the intersection of described further in
Regulations, streets shall be measured the Planning Board's
as described further in the Development
The length of a Planning Board's Regulations.
dead-end street or Subdivision Regulations. (c) In the case where an
dead-end interior drive existing through
and the distance street connects to
between the (c)In the case where an another public street
intersection of streets existing through street in two places but that
shall be measured as connects to another public public street is itself
described further in the street in two places but that a dead-end street,the
Planning Board's public street is itself a dead- through street shall
Subdivision end street,the through street be considered to be a
Regulations. shall be considered to be a dead-end street.
dead-end street.
Creates a new Article
In the case where an relating to the
existing through street maximum 0'650'for
connects to another a dead-end street.
public street in two
places but that public
street is itself a dead-
end street,the through
street shall be
considered to be a
dead-end street.
§135-64. Dwelling unit in:semi- Dwelling unit in:semi Dwelling unit in:two-
Number of attached dwelling,two- attached dwelling,two- family dwelling,townhouse,
parking family dwelling,townhouse, family dwelling,townhouse, three-family dwelling,four-
spaces and three-family dwelling,four- three-family dwelling,four- family dwelling,multi-
loading bays. family dwelling,multi- family dwelling,multi- family dwelling
p.13632 family dwelling family dwelling (semi-attached is now covered by
2008 Annual Town Meeting—April 9, 2008, continued...
Two-family)
§135-69.0 To allow a driveway on one To allow a driveway on one lot to To allow a driveway on one lot
p.13643 lot to lead to a parking space lead to a parking space or loading to lead to a parking space or
or loading bay on another lot, bay on another lot,or to allow a loading bay on another lot,or to
or to allow a driveway to driveway to straddle the lot line and allow a driveway to straddle the
straddle the lot line and serve serve a parking space or a loading lot line and serve a parking space
a parking space or a loading bay on two or more lots,when both or a loading bay on two or more
bay on two or more lots,when lots are in a residential district(s), lots,when both lots are in a
both lots are in a residential or when both lots are in a residential district(s),or when
district(s),or when both lots commercial district(s),provided a both lots are in a commercial
are in a commercial district(s), binding agreement,satisfactory in district(s),provided a binding
provided a binding agreement, form to the Town Counsel,is agreement,satisfactory in form
satisfactory in form to the executed and is filed in the Registry to the Town Counsel,is executed
Town Counsel,is executed of Deeds of Middlesex County. and is filed in the Registry of
and is filed in the Registry of Where the driveway is located in a Deeds of Middlesex County.
Deeds of Middlesex County. subdivision for which a special Where the driveway is located in
Where the driveway is located permit with site plan review(SPS) a subdivision for which a special
in a subdivision for which a or a spocial pormit,as providod in§ permit with site plan review
special permit with site plan 135 38E,Frontage reduction for (SPS)is required and the
review(SPS)or a special lots in a small subdivision,is Planning Board is the SPGA,the
permit,as provided in§135- required and the Planning Board is Planning Board may grant the
38E,Frontage reduction for the SPGA,the Planning Board may special permit for the driveway
lots in a small subdivision,is grant the special permit for the location.
required and the Planning driveway location.
Board is the SPGA,the
Planning Board may grant the
special permit for the
driveway location.
Table 2, Development of new Development of new multifamily Development of new multifamily
footnote a multifamily dwellings is not dwellings is not permitted in the RM dwellings is not permitted in the
p.13665 permitted in the RM District; District;these standards apply to RM District;these standards
these standards apply to RM RM Districts in existence in January apply to RM Districts in existence
Districts in existence in January 1985.Minimum lot areas in RM in January 1985.Minimum lot
1985.Minimum lot areas in Districts shall be 3,000 sq.ft.per areas in RM Districts shall be
RM Districts shall be 3,000 sq. dwelling unit containing one room 3,000 sq.ft.per dwelling unit
ft.per dwelling unit containing used for sleeping;3,500 sq.ft.per containing one room used for
one room used for sleeping; unit with two such rooms;and 4,000 sleeping;3,500 sq.ft.per unit
3,500 sq.ft.per unit with two sq.ft.per unit with three or more with two such rooms;and 4,000
such rooms;and 4,000 sq.ft. such rooms.For RD Districts see§ sq.ft.per unit with three or more
per unit with three or more 135-42C and Article IX. such rooms.For RD Districts see
such rooms.For RD Districts §135-42C.
see§135-42C and Article IX.
Table 2 A structure in a residential A structure in a residential A structure in an RD,Planned
footnote k. development with three or dovolopmont with throo or moro Residential Development,must
p.13665 more dwelling units must dwollin units must comply with comply with minimum yard
comply with the Schedule of tho Schodulo of Pormittod setback on perimeter of tract as
Permitted Buildings,Density Buildings,Donsity and required by§135-42.C(1).In a
and Dimensional Standards, Dimonsional Standards,Row'I, Special Permit Conventional
Row 4, minimum yard setback minimum yard setback on Subdivision,a dwelling which has
on perimeter of tract.A perimeter of tract.A dwelling a gross floor area of 2,500 square
dwelling which has a gross which has a gross floor area of feet or more is required to have a
floor area of 2,500 square feet 2,500 square feet or more is greater minimum side and rear
or more is required to have a required to have a greater minimum yard;see§135-46A.
greater minimum side and rear side and rear yard;,;oo§135 d7B.
yard;see§135-47B.
7:45 p.m. Charles Hornig reported the unanimous support of the Planning Board.
Planning Board Member Anthony Galaitsis identified some concerns and supported article.
8:06 p.m. Jeanne Krieger reported unanimous support of the Board of Selectmen.
8:07 p.m. Members spoke in support and opposition, questioning cluster zoning changes,
special permit processes&Planning Board jurisdiction.
8:08 p.m. Ken Kreutziger, pr.2, reported unanimous support of the Housing Partnership
Board.
8:19 p.m. Planning Director Maryann McCall-Taylor and Planning Board Chairman
Charles Hornig responded to questions on affordable housing.
8:21 p.m. Members continued to speak in favor and opposition, questioned requirements
for notifications to neighborhoods and notice to abutters.
8:28 p.m. Planning Director Maryann McCall-Taylor and Planning Board Chairman
Charles Hornig responded to questions on notice to abutters, cluster
developments,small subdivisions and common space.
2008 Annual Town Meeting—April 9, 2008, continued...
8:39 pm. Thomas Fenn,pr.9,moved the following Resolution:
RESOLUTION:
Resolved that the Planning Board consider modifying its notice
policy requiring the proponent of a Special Permit residential
development notify all abutting neighbors within a 300 foot area of
the proposed site at the time of a sketch plan submission to the
Planning Board.
8:42 p.m. Charles Hornig reported the Planning Board had no opposition to Resolution.
Members spoke in support and opposition,questioned neighbors and abutters.
8:49 p.m. Fenn Resolution Adopted.
8:49 p.m. Scott Burson,pr.4,moved the question. Motion Adopted.
8:50 p.m. Following a standing vote,on Article 49 as amended,tallied as follows:
Precinct YES NO
1 14 2
2 11 5
3 14 3
4 20 0
5 13 3
6 15 6
7 14 2
8 16 4
9 14 3
AL 8 0
Total 139 28
8:50 p.m. Motion as Amended,Declared Adopted,with more than the necessary
two-thirds vote.
Charles Lamb,pr.4,served notice of reconsideration of Article 49.
8:55 p.m. Charles Hornig,pr.8,moved Article 50 be taken up. Motion Adopted.
8:56 p.m. Presented by Charles Hornig,pr.8.
ARTICLE 50:AMEND ZONING BY-LAW,HEIGHT OF BUILDINGS AND
STRUCTURES
MOTION: That the Zoning By-Laws of the Town be amended as set forth in
the motion attached to the report of the Planning Board on this article,and
further that nonsubstantive 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.
MOTIONS
The Planning Board has asked that this question be divided.Each section can stand alone and
should be considered on its merits.
MOTION 1
That Table 2 of the Zoning By-Law of the Town of Lexington be amended,effective
September 1,2008,as follows:
Table 2,The Schedule of Dimensional Controls,of the Zoning By-Law
RS& RM&
Districts RO RT RD(a) CN CRS CS CB CLO CRO CM
Uses permitted in RS&RT Districts shall conform to provisions of§135-35B
Minimum lot area in square feet 30,000 15,500 125,000 15,500 15,500 20,000 NR 30,000 5 acres 3 acres
Minimum lot frontage in feet 150 125 100 125 125 125 20 175 300 200
Minimum front yard in feet(b),(c),(j),(k) 30 30 50 30 30 30 NR(d) 50 100 75
Minimum side yard in feet(k) 15(e) 15(e) 40 20 20 15 NR 30 50 30
Minimum rear yard in feet(k) 15(e) 15(e) 40 20 20 20 10 30 50 50
Minimum side and rear yard adjacent to,or 15 15 40 30 30 30 30 50 100 100
front yard facing a residential district in feet(f)
Maximum floor area ratio(FAR) NR(i) NR(i) NR(i) 0.20 0.20 0.20 2.0 0.25 .15 .15
Maximum percentage site coverage 15% 15%(g) 25% 20% 25% 25% NR 20% 25% 25%
(9)
Public and institutional buildings,maximum
height:
In stories: 2.5 2.5 2.5 3 3 3 2 3 3 3
In feet: 40 40 40 45 45 45 30 45 45 45
Other buildings,maximum height:
In stories: 2.5 2.5 NR 1 2 2 2 2 3 3
In feet: 4435 4935 40 15 25 25 25 30 45 45
And further that nonsubstantive 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.
2008 Annual Town Meeting—April 9, 2008, continued...
MOTION 2
That Section 135-39A,Height of buildings and structures,of the Zoning By-Law of the Town
of Lexington be amended by removing the phrase"from the average natural grade",as detailed
below:
A.The maximum height of a building shall not exceed either the distance in feet or the
number of stories,whichever is less,set forth in Table 2 for the district in which the
building is located. The maximum height of a building in feet shall be the vertical
distance between the lower elevation and the upper elevation,as described below. For
purposes of determining the number of stories in a building or structure,measurement
at the lower elevation shall be from the average natural grade,as described in
Subsection A(1)below.
And further that nonsubstantive 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.
MOTION 3
That Section 135-39A(1)of the Zoning By-Law of the Town of Lexington be amended as
follows:
(1) The lower elevation shall be the natural grade of the land at the point of
measurement prior to disturbance for construction.The elevation of the natural
grade prior to disturbance for construction shall be certified by a registered land
surveyor,or may be such elevation as the Building Commissioner or designee
may determine from Town maps or records.Aft The average natural grade may
be used,which shall be determined by computing the average of the elevations
of the natural grade of the four extreme corners of the building or,in the case of
a nonrectangular building,of such equivalent locations as the Building
Commissioner or designee may determine. In a case where the lower elevation,
thus determined,is lower than the average of the elevations of the natural grades
of the four extreme comers of the lot,the average of the elevations of the
comers of the lot may be used. In a case where the finished grade is lower than
the natural grade,the finished grade shall be the lower elevation.
And further that nonsubstantive 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.
Charles Hornig moved the report of the Planning Board on Article 50 be accepted and placed
on file. Motion Adopted. The Moderator declared the motion divisible into 3 parts,each part
to be voted separately.
8:56 p.m. Article 50—Part I
Richard Canale,Planning Board,declared he would be abstaining from voting.
9:00 p.m. Jeanne Krieger reported the support of the majority of the Board of Selectmen.
9:01 p.m. Peter Kelley presented his opposition to Article 50,part I.
A citizen and Members spoke in support and opposition.
9:36 p.m. Following a standing vote,on Article 50,Part I,tallied as follows:
Precinct YES NO
1 6 11
2 9 7
3 9 8
4 14 6
5 8 7
6 7 12
7 8 7
8 12 8
9 6 10
AL 8 1
Total 87 77
9:39 p.m. Article 50,Part I Declared Not Adopted.
9:40 p.m. Article 50,Part II
Charles Hornig reviewed the motion under Part II.
9:42 p.m. Jeanne Krieger reported the unanimous support of the Board of Selectmen.
Article 50,Part II Declared Adopted by more than the necessary two-thirds.
9:43 p.m. Article 50,Part III
Charles Hornig reviewed the motion under Part III.
Article 50,PART III Declared Adopted by more than the necessary two-thirds.
2008 Annual Town Meeting—April 9, 2008, continued...
9:46 p.m. Dawn McKenna,pr.6,served notice of reconsideration on Article 50,parts II
and III. Charles Hornig served notice of reconsideration on Article 50,part I.
9:47 p.m. Richard Canale moved to take up Article 51. Motion Adopted.
9:48 p.m. Presented by Richard Canale,pr.9.
ARTICLE 51: ASSOCIATE PLANNING BOARD MEMBER
MOTION: That the Zoning By-law of the Town of Lexington be amended
to establish an associate member of the Planning Board,as allowed under
M.G.L.40A,Section 9,by adding a new paragraph at the end of section 135-
13B so that it reads as follows:
"B. SPGA procedures.Upon the determination that an application for a special
permit with site plan review is complete,or is considered to be complete
because of the expiration of 14 days without notification to the applicant,the
SPGA shall promptly notify the Conservation Commission,the Engineering
Department,the Fire Department,the Board of Health and the Planning Board
(when it is not the SPGA)of the receipt of the application and such other
boards,commissions or departments as it may consider appropriate,given the
substance of the application.In the case where the Planning Board is not the
SPGA,the SPGA shall furnish the Planning Board with one copy of the
complete application for a special permit with site plan review and the Planning
Board shall submit a report and recommendation to the SPGA on the
application.
"In the case where the Planning Board is the SPGA,the chairman of the Planning
Board may have the associate member sit on the Board for the purpose of acting on a
special permit application,in the case of absence,inability to act,or conflict of interest
on the part of any member of the planning board or in the event of a vacancy on the
board.The associate member will be elected by a majority of the Planning Board to
serve for one year,or until replaced."
And further that nonsubstantive 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.
Richard Canale moved the report of the Planning Board on Article 51 be accepted and placed
on file. Motion Adopted. Mr.Canale reported the Planning Board's unanimous approval.
Peter Kelley reported the unanimous support of the Board of Selectmen.
9:51 p.m. Unanimously Adopted.
9:51 p.m. Charles Lamb served notice of reconsideration of Article 51.
9:52 p.m. Moderator Margery Battin recused herself from presiding over Article 38 and
appointed Norman Cohen as Temporary Moderator.
9:52 p.m. Presented by Loren Wood,pr.3.
ARTICLE 38: MODERATOR RULINGS SUBJECT TO APPEAL
(CITIZENS'PETITION)
MOTION: That Chapter 118 of the Code of the Town of Lexington be amended as
set forth in the Article,and further that nonsubstantive changes to the numbering of this
bylaw be permitted in order that it be in compliance with the numbering format of the
Code of the Town of Lexington.
TEXT OF WARRANT ARTICLE:
[To see if the Town will vote to amend the Code of Lexington by amending section
118-11,Moderator,by adding the following section which shall be designated section
118-11;C as shown below.
Section 118-11. Moderator
C. Rulings by the Moderator are subject to appeal,and can be reversed by a
majority of the members present. ]
Mr. Wood explained requested action.
9:59 p.m. Jeanne Krieger reported the opposition of the Board of Selectmen(4-0)
10:00 p.m. Margery Battin,Moderator,spoke in opposition.
Members spoke in support and opposition, questioned procedures followed by other
town meetings,and mechanisms for appeal.
2008 Annual Town Meeting—April 9, 2008, continued...
10:33 p.m. Thomas Diaz,pr.3,moved the question. Motion Adopted.
10:34 p.m. Loren Wood, pr.3, summarized and voiced his admiration and respect for
Moderator Margery Battin.
10:35 p.m. Motion Not Adopted.
10:35 p.m. David Kanter,pr.8,served notice of reconsideration of Article 38.
10:35 p.m. Selectman Jeanne Krieger moved adjournment until 7:30 p.m.,Monday,
April 14,2008,Cary Memorial Hall. Motion Adopted.
A true copy.
Attest:
Donna M.Hooper,Town Clerk
April 14,2008 Adjourned Session of the 2008 Annual Town Meeting
The Moderator declared the seventh session of the 2008 Annual Town Meeting in session,
Monday,April 14,2008 at 7:30 p.m.,Cary Memorial Hall. A quorum of 169 members was
present.
The Moderator declared a recess for a presentation by Representative Jay Kaufman and
Lexington High School Principal Dr.Michael Jones to recognize exemplary graduating
seniors. The Meeting recognized Dr.Michael Jones as he retires this year.
The Board of Selectmen and Lexington Interfaith Clergy Association presented statements
against recent actions against Superintendent Paul Ash.
ARTICLE 2: REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES
7:59 p.m. Selectman George Burnell provided an overview of the capital requests.
Jeanne Krieger moved to postpone Article 45 to Monday,April 28th,after Article 40.
Unanimously Adopted.
Jeanne Krieger moved Article 48 be brought up after Article 13. Unanimously Adopted.
8:05 p.m. Presented by Betsey Weiss,Community Preservation Committee.
Ms.Weiss continued the Article 9 presentation from that previously voted on
April 7th,with sections k-r.
ARTICLE 9: APPROPRIATE FOR FY2009 COMMUNITY PRESERVATION
COMMITTEE OPERATING BUDGET AND FOR CPA PROJECTS
And further,that the Town make appropriations from the Community Preservation
Fund and other sources as follows:
k. That$95,000 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for the Town Office Complex building
envelope.
1. That$47,500 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for the East Lexington Fire Station.
m. That$70,000 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for ADA accessible bathrooms and signs for
the Town Office Building.
n. That$80,000 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for a use study and renovation design of the
Town Office Building.
o. That the Stone Building renovation project be indefinitely postponed.
p. That the proposed land acquisitions be indefinitely postponed.
q. That$579,550 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for the replacement of the Munroe Center
fire prevention system.
r. That$50,000 be appropriated from the Fund Balance Available for
Appropriation Reserve of the Community Preservation Fund to meet the
administrative expenses and all other necessary proper expenses of the
Community Preservation Committee for FY2009.
Part II—Appropriate—
8:05 p.m. Betsey Weiss presented request for Part II(k)and reported Committee
support(9-0).
2008 Annual Town Meeting—April 14, 2008, continued...
Norman Cohen reported unanimous support of the Board of Selectmen.
David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee.
Eric Michelson,pr.1,reported unanimous support of the Appropriation Committee.
8:05 p.m. VOTE:Article 9,Part II,(k)—Unanimously Adopted.
Charles Lamb,pr.4,served notice of reconsideration-Article 9,II,(k).
8:46 p.m. Betsey Weiss presented request for Part II(1)and reported Committee
support(9-0)for the windows and(5-4)for the air conditioning.
Norman Cohen reported unanimous support of the Board of Selectmen.
David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee.
Eric Michelson,pr.1,reported unanimous support of the Appropriation Committee.
8:09 p.m. Public Works Director William Hadley and Town Engineer Peter Chalpin
responded to questions regarding energy efficiency considerations.
8:11 p.m. Wendy Manz reported her concerns and her opposition.
8:15 p.m. Ephraim Weiss,pr.5,moved part'1'be divided into 2 parts,storm windows and
air conditioning. Public Works Director William Hadley spoke in opposition to division.
With insufficient members standing in support,the Moderator declared the motion not divided.
8:19 p.m. Members continued to discuss,speaking in support and opposition,questioning
air conditioning system,energy consumption,and energy conservation.
8:31 p.m. VOTE:Article 9,Part II,(1)—Motion Adopted.
Charles Lamb,pr.4,served notice of reconsideration-Article 9,II,(1).
8:31 p.m. Betsey Weiss presented request for Part II(m)and reported Committee
support(9-0).
Norman Cohen reported unanimous support of the Board of Selectmen.
David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee.
Eric Michelson,pr.1,reported unanimous support of the Appropriation Committee.
Members questioned signage,ADA compliance and requested amount.
8:36 p.m. VOTE:Article 9,Part II,(m)—Unanimously Adopted.
Charles Lamb,pr.4,served notice of reconsideration-Article 9,II,(m).
8:37 p.m. Betsey Weiss presented request for Part II(n)and reported Committee
support(7-2).
Norman Cohen reported unanimous support of the Board of Selectmen.
David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee.
Eric Michelson,pr.1,reported unanimous support of the Appropriation Committee.
Town Manager Carl Valente responded to questions from members regarding evaluation to be
made,ways of doing business,and funding components.
8:43 p.m. VOTE:Article 9,Part II,(n)—Motion Adopted.
Charles Lamb,pr.4,served notice of reconsideration-Article 9,II,(n).
8:45 p.m. Betsey Weiss explained request for indefinite postponement of Part II(o).
Members questioned postponement and use of the building.
Motion Adopted.
8:45 p.m. Betsey Weiss explained request for indefinite postponement of Part II(p).
Motion to Indefinitely Postpone Adopted.
8:48 p.m. Charles Lamb,pr.4,served notice of reconsideration of Article 9 n.
8:49 p.m. Betsey Weiss moved postponement of 9(q)until after Article 48
(disposition of Munroe building). Ms.Weiss explained the request for indefinite
postponement of Part II(p). Motion Adopted to Indefinitely Postpone.
8:50 p.m. Betsey Weiss presented request for Part II(r).
Members questioned estimated balance in the community preservation fund account.
Florence Baturin,pr.6,reported unanimous support of the Lexington Housing Partnership
Board.
Norman Cohen reported unanimous support of the Board of Selectmen.
David Kanter,pr.7,reported unanimous support of Capital Expenditures Committee.
Eric Michelson,pr.1,reported unanimous support of the Appropriation Committee.
8:55 p.m. VOTE:Article 9,Part II,(r)—Unanimously Adopted.
2008 Annual Town Meeting—April 14, 2008, continued...
Charles Lamb,pr.4,served notice of reconsideration-Article 9,II,(r).
8:55 p.m. Presented by Sandra Shaw,pr.4.
ARTICLE 14: APPROPRIATE FOR RECREATION CAPITAL PROJECTS
MOTION: That the following amounts be appropriated for the following
capital improvements and that each amount be raised as indicated:
a. Center Complex Restroom Renovation—$77,000 for renovating the
restroom facility at the Center Recreation Complex on Park Drive,and to
meet this appropriation$77,000 be raised from the general fund unreserved
fund balance.
b. Park Improvements(Athletic Fields)—$100,000 to improve the condition of
the Bridge School athletic fields,and to meet this appropriation the
Treasurer,with the approval of the Board of Selectmen,is authorized to
borrow$100,000 under M.G.L.Chapter 44,Section 7,or any other enabling
authority.
Richard Thuma,Recreation Committee,presented request.
8:59 p.m. George Burnell reported unanimous support of the Board of Selectmen
Shirley Stolz reported unanimous support of the Capital Expenditures Committee.
Deborah Brown reported unanimous support of the Appropriation Committee.
9:03 p.m. Members spoke in support,questioned ADA compliance.
9:05 p.m. Unanimously Adopted.
9:05 p.m. Charles Lamb,pr.4,served notice of reconsideration on Article 14.
9:06 p.m. Presented by Selectman George Burnell.
ARTICLE 15: APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND
EQUIPMENT
MOTION: That the following amounts be appropriated for the
following capital improvements and that each amount be raised as indicated:
a) Woburn Street Reconstruction-$700,000 for the complete reconstruction of
Woburn Street and curbing,sidewalks and all incidental costs related
thereto,and that to meet this appropriation the Treasurer,with the approval
of the Board of Selectmen,is authorized to borrow$700,000 under M.G.L.
Chapter 44,Section 7 or any other enabling authority;and authorize the
Town to accept and expend any additional funds provided or to be provided
by the Commonwealth of Massachusetts through the Massachusetts
Highway Department.
b) DPW Equipment Replacement-$510,000 for the cost of departmental
equipment for the Department of Public Works and all incidental costs
related thereto,and that to meet this appropriation$3,834 be transferred
from the unexpended balance appropriated under Article 8(c)of the 2002
Annual Town Meeting,$13,344 be transferred from the unexpended balance
appropriated under Article 32(e)of the 2005 Annual Town Meeting,and the
Treasurer,with the approval of the Board of Selectmen,is authorized to
borrow$492,822 under M.G.L.Chapter 44,Section 7 or any other enabling
authority.
c) Sidewalk Improvements-$275,000 for the construction and reconstruction
of sidewalks and all incidental costs related thereto,and that to meet this
appropriation the Treasurer,with the approval of the Board of Selectmen,is
authorized to borrow$275,000 under M.G.L.Chapter 44,Section 7 or any
other enabling authority.
(d).wed d) CBD Sidewalks -$370,000 sidewalk reconstruction in the Central Business
out&voted District and all incidental costs related thereto, and to meet this
ePurutety- a ro riation the Treasurer, with the approval ofthe Board ofSelectmen, is
NOT
pp p pp
ADOPTED € authorized to borrow$370,000 under M.G.L. Chapter 44,Section 7 or any
other enabling authority.
e) Geographic Information System(GIS)-$184,350 for the cost of a
computerized mapping system and all incidental costs related thereto,and
that to meet this appropriation$33,183 be transferred from Water Retained
Earnings,$22,122 be transferred from Sewer Retained Earnings,and the
Treasurer,with the approval of the Board of Selectmen,is authorized to
borrow$129,045 under M.G.L.Chapter 44,Section 7 or any other enabling
authority.
2008 Annual Town Meeting—April 14, 2008, continued...
f) Storm Drain Improvements-$160,000 for constructing and reconstructing
storm drains and all incidental costs related thereto,and that to meet this
appropriation$11,481 be transferred from the unexpended balance
appropriated under Article 32(c)of the 2005 Annual Town Meeting and the
Treasurer,with the approval of the Board of Selectmen,is authorized to
borrow$148,519 under M.G.L.Chapter 44,Section 7 or any other enabling
authority.
g) Hydrant Replacement Program-$50,000 for the replacement of fire
hydrants and all incidental costs related thereto,and that to meet this
appropriation$25,000 be transferred from Water Retained Earnings and
$25,000 be raised from the general fund unreserved fund balance.
h) Street Improvements-$525,000 for road reconstruction,repairs and
resurfacing by the Department of Public Works and all incidental costs
related thereto,and that to meet this appropriation$525,000 be raised in the
tax levy;and authorize the Town to accept and expend any additional funds
provided or to be provided by the Commonwealth of Massachusetts through
the Massachusetts Highway Department.
i) Traffic Mitigation-$50,000 for engineering services for traffic and
intersection improvements town-wide,and that to meet this appropriation
$50,000 be raised from the general fund unreserved fund balance.
j) Replacement of Rescue 2-$200,000 for purchasing a new ambulance and
all incidental costs related thereto,and that to meet this appropriation$4,738
be transferred from the unexpended balance appropriated under Article 17
of the 2004 Annual Town Meeting,and the Treasurer,with the approval of
the Board of Selectmen,is authorized to borrow$195,262 under M.G.L.
Chapter 44,Section 7 or any other enabling authority.
k) Police/Fire Mobile Computerization-$156,000 for the purchase of
computers to be used in vehicles used by public safety personnel and all
incidental costs related thereto,and that to meet this appropriation the
Treasurer,with the approval of the Board of Selectmen,is authorized to
borrow$156,000 under M.G.L.Chapter 44,Section 7 or any other enabling
authority.
1) Permit Tracking Software—$100,000 for the purchase of computer
software,and equipment and all incidental costs related thereto,and that to
meet this appropriation the Treasurer,with the approval of the Board of
Selectmen,is authorized to borrow$100,000 under M.G.L.Chapter 44,
Section 7 or any other enabling authority.
m) Town/School Phone Needs Assessment-$30,000 for evaluating telephone
system needs for Municipal Departments and the School Department,and
that to meet this appropriation$30,000 be raised from the general fund
unreserved fund balance.
n) Head End Equipment Replacement-$60,000 for replacing head-end
network equipment,and that to meet this appropriation$60,000 be raised
from the general fund unreserved fund balance.
George Burnell moved to divide out(d)to debate and vote separately. Motion Adopted.
9:07 p.m. George Burnell presented request for Article 15(a-e,f-n).
Wendy Manz reported the support of the Planning Board for(a).
Public Works Department staff responded to questions from a resident regarding her concerns
on a possible steel guardrail on Woburn Street.
Members questioned project implications on traffic,sidewalk plans,bicycle lanes,utility poles,
and trees. Public Works Department staff responded further.
Members questioned traffic situations and intersections and traffic mitigation for part(i).
9:50 p.m. George Burnell reported the unanimous support of the Board of Selectmen-
15(a-c)(e-n).
Ted Edson reported unanimous support of the Capital Expenditures Committee-15(a-c)(e-n).
Deborah Brown reported unanimous support of the Appropriation Committee- 15(a-c)(e-n).
9:54 p.m. Motion Under Article 15,(a-c)(e-n)Unanimously Adopted.
Charles Lamb,pr.4,served notice of reconsideration on Article 15-(a-c)(e-n).
9:55 p.m. Presented by Selectman George Burnell.
ARTICLE 15(d)—(see above)
2008 Annual Town Meeting—April 14, 2008, continued...
George Burnell addressed the brick sidewalk history,proposed work in 15(d)as phase
III of the brick sidewalk work. George Burnell reported the support of a majority of the
Board of Selectmen(4-1),with Peter Kelley in opposition.
10:02 p.m. Ted Edson reported the unanimous opposition of the Capital Expenditures
Committee. Committee member David Kanter reported further concerns.
10:08 p.m. Susan McLeish reported the opposition(7-1)of the Appropriation Committee.
10:09 p.m. Planning Board Member Wendy Manz spoke in support.
10:10 p.m. Fred Johnson,Lexington Center Committee,spoke in support.
Members spoke in support and opposition,questioned brick sidewalk maintenance,cost to
place utility wires underground,questioned report of the Commission on Disabilities,and
possible construction schedule.
10:23 p.m. Francine Steiglitz reported concerns of the Commission on Disabilities.
Members discussed further.
10:41 p.m. Following a standing vote,on Article 15(d),tallied as follows:
Precinct YES NO
1 1 10
2 1 11
3 2 14
4 3 12
5 2 14
6 5 14
7 3 9
8 0 11
9 1 11
AL 5 6
Total 23 112
10:41 p.m. Article 15(d)Declared Not Adopted.
10:41 p.m. Charles Lamb,pr.4,served notice of reconsideration on Article 15 (d).
10:42 p.m. Jeanne Krieger moved the meeting be adjourned until 7:30 p.m.,Wednesday,
April 16,2008,Cary Memorial Hall. Unanimously Adopted.
A true copy.
Attest:
Donna M.Hooper,Town Clerk
April 16,2008 Adjourned Session of the 2008 Annual Town Meeting
The Moderator declared the eighth session of the 2008 Annual Town Meeting in session,
Wednesday,April 16,2008 at 7:30 p.m.,Cary Memorial Hall. A quorum of 168 members was
present.
The Moderator declared a recess during which Selectman Norman Cohen recognized the 20th
anniversary of Alan Fields' contributions and role with the Trustees of Public Trusts.
ARTICLE 2: REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES
7:46 p.m.Elaine Dratch,pr.5,moved the Report of the Transportation Advisory Committee be
accepted and placed on file. Unanimously Adopted. Sara Arnold,member,reported.
7:54 p.m. Selectman Jeanne Krieger moved Articles 16-19 and Article 28 be taken up
Monday,April 28,2008. Unanimously Adopted.
7:54 p.m. Presented by Charles Lamb,pr.4,
ARTICLE 52: AMEND ZONING BY-LAW,CRS ZONE 303,311-325
WOBURN STREET,400 LOWELL STREET(OWNERS'PETITION)
MOTION: That the Zoning Map of the Town of Lexington be amended by
changing the zoning district designation of the land described in the Article from its
current RO, One Family Dwelling, zoning district to a CRS, Retail Shopping, zoning
district.
The boundaries of the CRS,Retail Shopping,zoning district shall be as set forth in the
Article.
2008 Annual Town Meeting—April 16, 2008, continued...
WARRANT TEXT:
To see if the Town will vote to amend the Code of the Town of Lexington,Zoning By-Law and the
Zoning Map of the Town of Lexington,by changing the zoning district designation of that property
commonly known as 303 Woburn Street,Lexington,MA 02420,and more specifically described in the
metes and bounds legal description shown in Exhibit A,on file with the Board of Selectmen and Town
Clerk and incorporated herein,from the current RO Zoning District(one family dwelling)to a CRS
Zoning District(retail shopping)to allow construction of commercial retail space,and also to amend the
Code of the Town of Lexington and the Zoning Map of the Town of Lexington to change that portion of
the property commonly known as 311-325 Woburn Street and 400 Lowell Street,currently partly within
the RO Zoning District and partly within the CRS Zoning District and more specifically described in the
legal description shown on said Exhibit A,to a CRS Zoning District such that all the property commonly
known as 311-325 Woburn Street is Located within the CRS Zoning District,and to take any other
action or to act in any other manner relative thereto.
EXHIBIT"A"—Legal Description:
313-323 Woburn Street&400 Lowell Street
Three(3)parcels of land with the building thereon,situated in Lexington,Middlesex County,Massachusetts on
Woburn and Lowell Streets,bounded and described as follows:
Two(2)parcels of land,one with an area of 20,012 square feet of land,the other with an area of 14,947
square feet of land,both of which are shown on a plan of land in Lexington,Massachusetts,belonging to
Countryside,Inc.,dated May 19,1937,John F.Rand,C.E.duly recorded with Middlesex South District Registry
of Deeds in Book 6174,Page 220 and according to said plan together bounded and described as follows:
NORTHERLY by Woburn street,two hundred thirty-seven and 30/100(237.30)feet;
NORTHEASTERLY by a curved line forming the junction of Woburn Street and Lowell Street,
forty-two and 28/100(42.28)feet;
EASTERLY by Lowell street,sixty and 06/100(60.06)feet;
SOUTHERLY by other land of the grantor herein and further described as the other parcel
hereinafter mentioned;two hundred sixty-five and 6/100(265.6)feet;and
WESTERLY by land of H.M.Munroe,one hundred eighty-four and 32/100(184.32)feet.
Also another parcel of land being shown as a parcel containing 6657 square feet and being on a plan of
land at Lexington Dated August 1938,F.F.Cutter C.E.,duly recorded with said Deeds in Book 6237,Page 42 and
according to said plan bounded and described as follows:
NORTHERLY by other land of the grantor herein as hereinbefore described two hundred
sixty-five and 6/100(265.6)feet;
EASTERLY by Lowell Street,twenty-five(25)feet;
SOUTHERLY by land now or formerly of Munroe,two hundred sixty-seven(267)feet;and
WESTERTLY by other land now or formerly of Munroe,twenty-five(25)feet.
303 Woburn Street,Lexington,Massachusetts 02420
the land with the buildings thereon,situated in Lexington,Middlesex County,Massachusetts,and being known
and numbered as 303 Woburn Street,Lexington,MA 02420 and being Lot 1 in Section No.5 on plan entitled
`Subdivision Plan of the Munroe Estate Lexington,Mass.",dated June 5,1950 made by Fred A.Joyce,Surveyor,
recorded with Middlesex South District Registry of Deeds at the end of Record Book 7677,bounded:
NORTHERLY by Woburn Street,one hundred(100)feet;
EASTERLY by land of Countryside,Inc.as shown on said plan,one hundred thirty-three
(133)feet;
SOUTHERLY as shown on said plan,one hundred seven(107)feet,
WESTERLY as shown on said plan,one hundred thirty-three(133)feet,
Containing 13,590 square feet.
Said above described parcel is also shown as Lot 1 in Section No.5 on plan entitled"Subdivision Plan of the
Munroe Estate Lexington,Mass.",dated June 5,1950,made by Fred A.Joyce,Surveyor,recorded with
Middlesex South District Registry of Deeds at the end of Record Book 7651.
See Resignation of Trustee dated May 25,2006 and recorded with Middlesex South Registry of Deeds in Book
47559,Page 126.
Being the same premises conveyed by deed of William H.Seabrook dated November 20,1997,recorded at Book
27902,Page 084.
7:55 p.m. John Farrington presented Article 52 on behalf of the applicant.
8:04 p.m. Wendy Manz reported support(3-2)of the Planning Board and moved the
report of the Planning Board on Article 52 be accepted and placed on file.
Unanimously Adopted.
8:09 p.m. Norman Cohen reported the support(4-1)of the Board of Selectmen.
8:13 p.m. Selectman Peter Kelley presented his report in opposition.
2008 Annual Town Meeting—April 16, 2008, continued...
8:17 p.m. Robert Peters reported the support of the Lexington Housing Authority and of
its concerns on safety and pedestrian access with current configuration.
8:18 p.m. Ephraim Weiss,pr.5,moved the motion be divided. The Moderator ruled the
motion divisible. Planning Board member Wendy Manz supported voting in totality.
Ephraim Weiss,pr.5,presented justification for division. With 25 members having stood in
support,the Moderator declared the question divided.
John Fanington requested the Countryside site 1313-323 Woburn Street&400 Lowell Street]
to be voted first.
8:20 p.m. Members spoke in opposition and support,questioning grandfathered
nonconforming configurations,traffic accidents at intersection,curb-cut improvements,
LexPress contribution,current floor area of current buildings,sidewalk location and right of
way,and encroachment on neighbors. Residents spoke on their concerns and opposition.
9:03 p.m. Marsha Baker,pr.7,called the question. Motion Adopted.
9:04 p.m. John Fanington closed on the presentation and of this part of divided motion.
9:05 p.m. Following a standing vote,on Article 52,part I [313-323 Woburn Street&
400 Lowell Street],tallied as follows:
Precinct YES NO
1 16 4
2 13 2
3 11 8
4 11 7
5 12 5
6 15 4
7 12 4
8 13 2
9 14 1
AL 7 3
Total 124 40
9:09 p.m. Article 52,Part I,Declared Adopted,more than the required two-thirds vote.
9:09 p.m. Article 52,Part II [303 Woburn Street]:
Members of the Planning Board,Board of Selectmen and Housing Authority reported no
further comments on Article 52.
Members spoke in favor and in opposition,and questioned sidewalk improvements and
commitments for improvements from the owner.
Residents from the audience spoke in opposition,citing concerns with pedestrian safety. Mr.
Fanington and landscape architect Gary Larson responded to questions.
9:33 p.m. Planning Board member Richard Canale reported his concerns with safety and
traffic issues,curb cuts,and failure to present compelling need for additional retail
space. Anthony Galaitsis affirmed agreement with Mr.Canale.
9:47 p.m. Patrick Mehr,pr.3,moved debate be extended 30 minutes.Not Adopted.
9:49 p.m. Joel Adler,pr.1,moved the question. Motion Adopted.
9:50 p.m. John Fanington,on behalf of the applicant,summarized and sought support.
9:54 p.m. Following a standing vote,on Article 52,part II [303 Woburn Street],
tallied as follows:
Precinct YES NO
1 7 13
2 8 7
3 10 9
4 6 12
5 3 14
6 13 6
7 7 7
8 6 9
9 10 5
AL 6 4
Total 76 86
9:54 p.m. Motion Declared Not Adopted.
9:54 p.m. Andrew Friedlich,pr.5,served notice of reconsideration,Article 52,part II.
9:58 p.m. Selectman Jeanne Krieger moved adjournment until 7:30 p.m.,Monday,
April 28,2008,Cary Memorial Hall. Unanimously Adopted.
A true copy.
Attest:
Donna M.Hooper,Town Clerk
April 28,2008 Adjourned Session of the 2008 Annual Town Meeting
The Moderator declared the ninth session of the 2008 Annual Town Meeting in session,
Monday,April 28,2008 at 7:30 p.m.,Cary Memorial Hall. A quorum of 167 members was
present. The Moderator reviewed the rules of engagement.
ARTICLE 2: REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES
7:39 p.m. Paul Lapointe,pr.2,moved the report of the Council on Aging be accepted and
placed on file. Mr.Lapointe reviewed operations and reported on the status of
the Barnes property assessment. Mr.Lapointe reported the Council on Aging's
support of Indefinite Postponement of that portion of the Capital budget request.
Motion to accept report Unanimously Adopted.
7:52 p.m. Presented by Patrick Mehr,pr.3,Electric Utility Ad Hoc Committee.
ARTICLE 40: DOUBLE UTILITY POLES(CITIZENS'PETITION)
MOTION: That the following resolution be adopted:
Whereas MGL,Chapter 164,Section 34B requires utilities(Verizon and NStar in
Lexington)to remove double utility poles within 90 days,with no penalty for violation;
Whereas the Acts of 2003,Chapter 46,Section 110 required the Department of
Telecommunications and Energy("DTE")to issue a report relative to reducing the
number of double utility poles within the Commonwealth,with recommendations and
proposed legislation for enforcement of MGL,Chapter 164,Section 34B;
WHEREAS DTE recommended"[...]that a penalty mechanism not be implemented
until there is additional experience with the operation of the PLM[the utilities' Pole
Lifecycle Management system]"(November 28,2003 report,Docket No.DTE 03-87);
Whereas on October 30,2006,Verizon's Vice President of External Affairs told the
Board of Selectmen:"we should[...]in a six-month time period be largely through our
backlog of double poles.";and
Whereas from October 2006 until April 2008 the number of double poles in Lexington
increased by 42%,from 243 to 345 (at least 267 of which are in violation of MGL,
Chapter 164,Section 34B).
Therefore,be it resolved that the Lexington Town Meeting:
asks the Selectmen to request in writing that the Department of Public Utilities and the
Department of Telecommunications and Cable reopen Docket No.DTE 03-87 and
recommend to the Legislature that a schedule of fines for violation of MGL,Chapter
164,Section 34B be adopted;and
asks the Town Manager to report at the next Town Meeting on compliance by the
utilities with MGL,Chapter 164,section 34B in Lexington.
7:52 p.m. Mr.Mehr reviewed double pole situation and presented requested resolution.
8:01 p.m. Verizon Representative Stanley Usovicz summarized Verizon's work and
commitment to reduce the number of double utility poles.
8:03 p.m. Norman Cohen reported the unanimous support of the Board of Selectmen for
the resolution at the end of the motion.
8:05 p.m. Moderator Margery Battin declared that debate at Town Meeting is about
double poles,and the penalty for noncompliance.
Members questioned degree of accuracy of the double-pole database. Mr.Mehr and Public
Works Director William Hadley commented on the double-pole database.
Members continued to question and speak on fines for failure to remove poles and clean up of
the double-poles database.
8:18 p.m. Motion Adopted.
8:18 p.m. Presented by Selectman George Burnell.
ARTICLE 16: APPROPRIATE FOR WATER DISTRIBUTION IMPROVEMENTS
MOTION: That the Selectmen are hereby authorized to install new water mains and
replace or clean and line existing water mains and all incidental costs related thereto in
such accepted or unaccepted streets or other land as the Selectmen may determine,
2008 Annual Town Meeting—April 28, 2008, continued...
subject to the assessment of betterments or otherwise,and to take by eminent domain,
purchase or otherwise acquire any fee,easement or other interest in land necessary
therefor;to appropriate$1,800,000 for such installation and lining and land acquisition;
and to meet this appropriation the Treasurer with the approval of the Board of
Selectmen is authorized to borrow$1,800,000 under M.G.L.Chapter 44,Section 8 or
any other enabling authority;and that the Treasurer with the approval of the Board of
Selectmen is authorized to borrow all or a portion of such amount from the
Massachusetts Water Resources Authority and in connection therewith to enter into a
loan agreement and/or security agreement.
Mr.Burnell reviewed and explained requested action.
8:22 p.m. Ted Edson reported the unanimous support of the Capital Expenditures
Committee. John Bartenstein reported the unanimous support of the Appropriation
Committee.
8:23 p.m. Unanimously Adopted.
8:23 p.m. Presented by Selectman George Burnell.
ARTICLE 17: APPROPRIATE FOR SEWER IMPROVEMENTS
MOTION:
a) That the Selectmen are hereby authorized to install sewer mains and sewerage
systems and replacements thereof,and all incidental costs related thereto in such
accepted or unaccepted streets or other land as the Selectmen may determine,subject to
the assessment of betterments or otherwise,in accordance with Chapter 504 of the Acts
of 1897,and acts in addition thereto and amendment thereof,or otherwise,and to take
by eminent domain,purchase or otherwise acquire any fee,easement or other interest in
land necessary therefor;to appropriate for such installation and land acquisition the
sum of$1,200,000,and to raise such amount the Treasurer with the approval of the
Board of Selectmen is authorized to borrow$1,200,000 under M.G.L.Chapter 44,
Section 7 or any other enabling authority;and that the Treasurer with the approval of
the Board of Selectmen is authorized to borrow all or a portion of such amount from the
Massachusetts Water Resources Authority and in connection therewith to enter into a
loan agreement and/or security agreement;and
b) That$100,000 be appropriated for pump station upgrades and all incidental costs
related thereto,and to raise such amount the Treasurer,with the approval of the Board
of Selectmen,is authorized to borrow$100,000 under M.G.L.Chapter 44,Section 7 or
any other enabling authority.
George Burnell reported unanimous support of the Board of Selectmen.
8:23 p.m. Ted Edson reported unanimous support of the Capital Expenditures Committee.
John Bartenstein reported unanimous support of the Appropriation Committee.
8:24 p.m. Unanimously Adopted.
8:24 p.m. Charles Lamb,pr.4,served notice of reconsideration on Article 16&Article 17.
8:25 p.m. Presented by Thomas Diaz,pr.3.
ARTICLE 18: APPROPRIATE FOR SCHOOL CAPITAL PROJECTS AND
EQUIPMENT
MOTION: That the following amounts be appropriated for the following capital
improvements and that each amount be raised as indicated:
a) School Technology-$600,000 for maintaining and upgrading the schools'technology
systems,and that to meet this appropriation$135,000 be transferred from the
unexpended balance appropriated under Article 30(a)of the 2005 Annual Town
Meeting,and the Treasurer,with the approval of the Board of Selectmen is authorized
to borrow$465,000 under M.G.L.Chapter 44,Section 7 or any other enabling
authority.
b) PreK-12 Master Plan-$155,000 for producing a comprehensive PreK through 12
Facility Master Plan,and that to meet this appropriation$155,000 be raised from the
general fund unreserved fund balance.
c) Food Service Equipment-$55,000 for the purchase of food service equipment,and
that to meet this appropriation$55,000 be raised from the general fund unreserved
fund balance.
d) Classroom Furniture-$25,000 for the purchase of classroom furniture,and that to
meet this appropriation$25,000 be raised from the general fund unreserved fund
balance.
2008 Annual Town Meeting—April 28, 2008, continued...
Patrick Goddard,Director of Facilities,reviewed assessment of high school space and other
needs. Mary Ellen Dunn,Assistant Superintendent for Finance,explained food service
equipment replacement needs and needed furniture purchases.
8:34 p.m. Members spoke in support,questioned personnel needs to fully utilize assets,
and master plan for buildings and equipment maintenance,with recent high school renovations
and construction.
8:45 p.m. Unanimously Adopted.
8:45 p.m. Charles Lamb,pr.4,served notice of reconsideration on Article 18.
8:46 p.m. Presented by Selectman George Burnell.
ARTICLE 19: APPROPRIATE FOR PUBLIC FACILITIES CAPITAL
PROJECTS
MOTION: That the following amounts be appropriated for the following capital
improvements and that each amount be raised as indicated:
a) Remodeling,reconstructing and extraordinary repairs(Lexington Public
Schools—Systemwide)-$1,920,000 for remodeling,reconstructing and
making extraordinary repairs to public school building,and that to meet this
appropriation$270,720 be transferred from the unexpended balance
appropriated under Article 30(a)of the 2005 Annual Town Meeting,
$80,000 be raised from the general fund unreserved fund balance and the
Treasurer,with the approval of the Board of Selectmen,is authorized to
borrow$1,569,280 under M.G.L.Chapter 44,Section 7 or any other
enabling authority.
b) Safe Parent Pick Up and Parking(Bridge)—$65,000 for studying traffic
patterns at Bridge School and design improvements to improve safety,and
that to meet this appropriation$65,000 be raised from the general fund
unreserved fund balance.
c) Estabrook Oil Tank—$50,000 for removing the underground oil tank at
Estabrook School and replacing it with a suitable alternative,and that to
meet this appropriation$50,000 be raised from the general fund unreserved
fund balance.
d) Building Envelope -$153,750 for remodeling,reconstructing and making
extraordinary repairs to municipal buildings,and that to meet this
appropriation$153,750 be raised in the tax levy.
e) Munroe Fire Prevention System—$579,550 for the repair of the.fire
separate
out:Not :. alarm/sprinkler system at the Munroe Center, and that to meet this
Adapted appropriation the Treasurer, with the approval of the Board of Selectmen, is
authorized to borrow$579,550 under M.G.L. Chapter 44,Section 7 or any
other enabling authority.
f) Fire Headquarters Renovation and Redesign-$40,000 for a study of the
building to make recommendations on how to better utilize the existing
space and how to maximize benefits of an addition to the current structure,
and that to meet this appropriation$40,000 be raised from the general fund
unreserved fund balance.
g) Senior Center Design,Renovation and Expansion—That this project be
indefinitely postponed.
The Moderator ruled part(e)to be dived out and voted after 9(q),and part(g)to be
indefinitely postponed.
Selectman George Burnell presented and summarized requests. Mr.Burnell reported the
unanimous support of the Board of Selectmen for 19(a-d)(f).
Ted Edson reported the unanimous support of the Capital Expenditures Committee.
Deborah Brown reported the unanimous support of the Appropriation Committee.
8:52 p.m. David Kaufman,pr.6,questioned planned repairs.
8:56 p.m. Motion for parts a,b,c,d,f—Unanimously Adopted.
8:56 p.m. George Burnell moved Article 19(e)be postponed until after 9q.
Unanimously Adopted.
8:57 p.m. Selectman George Burnell presented reasons and moved to Indefinitely
postpone Article 19(g).
8:59 p.m. James Goell,6 Boxwood Ln,spoke,on behalf of Lexington seniors,on need to
move forward with a new senior center.
9:03 p.m. Motion to Indefinitely Postpone Article 19(g)Unanimously Adopted.
9:03 p.m. Charles Lamb served notice of reconsideration on Article 19 a,b,c,d,f.
2008 Annual Town Meeting—April 28, 2008, continued...
9:05 p.m. Presented by Selectman Hank Manz.
ARTICLE 28: APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS
MOTION: That in addition to the $85,000 previously appropriated under Article
29(a) of the 2007 Annual Town Meeting, $60,000 be appropriated for reconstructing
the double basketball court at the Center Recreation Complex, and that to meet this
appropriation$60,000 be raised from the general fund unreserved fund balance.
9:06 p.m. Recreation Committee Richard Thuma presented requested action.
Shirley Stolz reported unanimous support of the Capital Expenditures Committee.
Susan McLeish presented unanimous support of the Appropriation Committee.
Members questioned accessibility requirements and availability of private funding,to which
Mr.Manz and Mr.Thuma responded.
9:12 p.m. Motion Adopted.
9:12 p.m. Charles Lamb,pr.4,served notice of reconsideration of Article 28.
9:12 p.m. Presented by Selectman Norman Cohen.
ARTICLE 45: SALE OF LAND TO ABUTTER
MOTION: That the Selectmen be and are hereby authorized to convey the land
described in the article to the owner of abutting property for a price of not less than
$27,500 and on such other terms as the Selectmen may determine.
9:12 p.m. Norman Cohen reviewed requested action and reported unanimous support of
the Board of Selectmen.
9:14 p.m. Members questioned property development and terms to be imposed,
Mr.Cohen responded.
9:17 p.m. Motion Declared Adopted by more than the required two-thirds vote.
9:18 p.m. Charles Lamb,pr.4,served notice of reconsideration of Article 45.
9:18 p.m. Selectman Jeanne Krieger moved adjournment until 7:30 p.m., Wednesday,
April 30,2008,Cary Memorial Hall. Motion Adopted.
A true copy.
Attest:
Donna M.Hooper,Town Clerk
April 30,2008 Adjourned Session of the 2008 Annual Town Meeting
The Moderator declared the tenth session of the 2008 Annual Town Meeting in session,
Wednesday,April 30,2008 at 7:30 p.m.,Cary Memorial Hall. A quorum of 159 members was
present.
7:37 p.m. Joyce Miller,pr.7,moved to take up articles 10, 11, 12,and 13.
Unanimously Adopted.
7:39 p.m. Presented by Joyce Miller,pr.7.
ARTICLE 10: LAND PURCHASE—OFF MARRETT ROAD
MOTION: That this article be indefinitely postponed. Unanimously Adopted.
7:40 p.m. Presented by Joyce Miller,pr.7.
ARTICLE 11: LAND PURCHASE—OFF HARTWELL AVENUE
MOTION: That this article be indefinitely postponed. Unanimously Adopted.
ARTICLE 12: LAND PURCHASE—OFF LOWELL STREET
MOTION: That this article be indefinitely postponed. Unanimously Adopted.
ARTICLE 13: LAND PURCHASE—OFF CEDAR STREET AND
OFF HARTWELL AVENUE
MOTION: That this article be indefinitely postponed. Unanimously Adopted.
ARTICLE 48: MUNROE SCHOOL DISPOSITION
MOTION: That this article be indefinitely postponed.
Selectman Krieger reported reasons for indefinite postponement.
David Kanter reported unanimous support of the Capital Expenditures Committee.
2008 Annual Town Meeting—April 30, 2008, continued...
Alan Levine reported the Appropriation Committee had no position on the motion.
Unanimously Adopted.
7:46 p.m. Selectman Jeanne Krieger moved Article 9(q)and Article 19(e)be taken up in
that order,after Article 60. Unanimously Adopted.
7:46 p.m. Presented by John Rosenberg,pr.4.
ARTICLE 53: AMEND ZONING BY-LAW,CM DISTRICT FLOOR
AREA RATIO(CITIZENS'PETITION)
MOTION: That Chapter 135 of the Code of the Town of Lexington
be amended as follows:
Strike out the number"0.15"and insert in place thereof the number"0.35"in Table 2,
Schedule of Dimensional Controls,on the line"Maximum Floor Area Ratio(FAR)",
under the column headed CM.
And further that nonsubstantive 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.
John Rosenberg reported on articles to be presented and requested Mr.Larry Smith be
recognized for his presentation.
8:08 p.m. Charles Hornig moved the report of the Planning Board on Articles 53-60 be
accepted and placed on file. Unanimously Adopted.
8:08 p.m. Mr.Hornig summarized and reported unanimous recommendation of the
Planning Board to disapprove Article 53.
8:13 p.m. Jeanne Krieger reported commitment to enhance the tax base but of the need to
oppose the motion under Article 53 by a majority of the Board of Selectmen.
8:15 p.m. MaryJo Bohart,Executive Director of the Lexington Chamber of Commerce
spoke in support of the motion.
8:16 p.m. David Kanter,pr.7,questioned the special permit procedure control over
increase proposed. Charles Hornig,Planning Board,responded to questions.
Members spoke in support and opposition,raised questions on original purpose of a
moratorium and raised questions regarding traffic.
8:51 p.m. Joyce Miller,pr.7,called the question. Motion Adopted.
8:52 p.m. John Rosenberg requested Mr.Larry Smith be recognized to summarize. Mr.
Smith summarized and identified economic development opportunity from this article.
8:53 p.m. Following a standing vote,on Article 53,tallied as follows:
Precinct YES NO
1 13 5
2 12 4
3 6 10
4 11 5
5 9 6
6 12 5
7 9 7
8 11 6
9 11 6
AL 2 7
Total 96 61
8:58 p.m. Motion Declared Not Adopted.
8:58 p.m. Richard Michelson,pr.8,served notice of reconsideration of Article 53.
8:58 p.m. Presented by John Rosenberg,pr.4.
ARTICLE 54: AMEND ZONING BY-LAW,MIXED USES IN CM DISTRICT
(CITIZENS'PETITION)
MOTION: That Chapter 135 of the Code of the Town of Lexington
be amended as follows:
Delete the letter"N"and insert in the place thereof the letters"SP"in Table 1,Permitted Uses
and Development Standards,Part B,Commercial Uses,under the column entitled CM on the
following Lines:
7.12Laundry or dry cleaning pickup station with processing done elsewhere;laundry or
dry cleaning with processing on the premises subject to the development
standards for the district;self service Laundromat or dry cleaning
2008 Annual Town Meeting—April 30, 2008, continued...
8.11Convenience goods often bought on a daily basis such as food,candy,newspapers,
tobacco products
8.12Food,but not that intended for consumption on the premises,includes delicatessen
or bakery,but not a takeout or fast food service
8.17Other retail goods such as books,stationery,drugs,sporting goods,jewelry,
photographic equipment and supplies,flowers,novelties,cards,footwear,and the
like which are typically of a size that a customer can carry by hand
8.31 Stores with less than 2,000 square feet of floor area per establishment
8.33 All sales or rental conducted entirely within a fully enclosed building;temporary
display of products outdoors during operating hours permitted
9.12 Fast-food or takeout service serving enough food to comprise a meal
9.13 Takeout or fast-food service serving food or beverages,such as coffee,snacks,ice
cream,or donuts,but not enough to comprise a meal
9.14Caterer or other establishment preparing meals for groups of people
And further that nonsubstantive 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.
8:58 p.m. Mr.Larry Smith summarized proposed action under Article 54.
Charles Hornig reported the Planning Board's opposition and concerns on the affect on
the businesses in the center district.
9:01 p.m. Hank Manz reported the unanimous opposition of the Board of Selectmen.
9:02 p.m. Eric Michelson,pr.l,questioned if a`strip mall' could be prevented,to which
Charles Hornig acknowledged the same concern of the Planning Board.
Members spoke in support and opposition,questioned 'fast food' operations,and
possible traffic implications.
9:24 p.m. Robert Whitman,pr.3,moved the question. Motion Adopted.
9:25 p.m. Following an uncertain voice vote the Moderator called for a standing vote,
tallied as follows:
Precinct YES NO
1 6 11
2 11 5
3 7 8
4 9 7
5 7 7
6 14 4
7 9 7
8 10 4
9 8 6
AL 0 8
Total 81 67
9:28 p.m. Motion Declared Not Adopted.
9:28 p.m. Presented by John Rosenberg,pr.4.
ARTICLE 55: AMEND ZONING BY-LAW,CRO DISTRICT FLOOR
AREA RATIO (CITIZENS'PETITION)
MOTION: That Chapter 135 of the Code of the Town of Lexington be amended
as follows:
Add a new line 16.13 in Table 1,Permitted Uses and Development Standards,Part B,
Commercial Uses,as follows:
"16.13:Light Manufacturing
And insert either the letter N or the letter Y,where"N"means"no"and"Y"means
"yes",at the head of the respective columns of each zoning district as follows:
CN-"N",CRS"N",CS"N",CB"N",CLO"N",CRO"Y",CM-"Y""
And further that nonsubstantive 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.
9:31 p.m. Larry Smith presented motion and outlined requested action.
9:36 p.m. Charles Hornig reported the support of the Planning Board,with an amendment
to require a special permit.
9:38 p.m. Peter Kelley reported the unanimous support of the Board of Selectmen and the
Selectmen's opposition to an amendment.
9:40 p.m. Charles Hornig moved the following amendment:
MOTION: Under Article 55,the Planning Board moves to amend as follows:
To amend the main motion by substitution"SP"for"Y"for the CRO District so that the motion
2008 Annual Town Meeting—April 30, 2008, continued...
now reads:
AMENDMENT: That Chapter 135 of the Code of the Town of Lexington be amended as
follows:
Add a new line 16.13 in Table 1,Permitted uses and Development Standards,Part B,
Commercial Uses,as follows:
"16.13:Light Manufacturing"
And insert the letter N,the letter Y or the letters SP,where"N"means"no","Y"
means"yes",and"SP"means"special permit"at the head of the respective columns of
each Zoning District as follows:
CN-"N",CRS-"N",CS-"N",CB-"N",CLO-"N",CRO-"SP",CM-"Y"
And further that nonsubstantitve 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.
9:41 p.m. Peter Kelley reported the unanimous opposition of the Board of Selectmen.
Members spoke in opposition,questioned opposition of the Selectmen,support of the
Planning Board,and questioned current bylaw allowances.
9:53 p.m. Following a standing vote,tallied as follows:
Precinct YES NO
1 7 12
2 8 5
3 11 4
4 7 8
5 7 4
6 6 13
7 9 6
8 10 5
9 4 10
AL 4 5
Total 73 72
9:53 p.m. Amendment Declared Adopted.
9:57 p.m. The Moderator declared the Motion,as amended,Adopted by more than the
required two-thirds vote.
9:57 p.m. Presented by John Rosenberg,pr.4.
ARTICLE 56:AMEND ZONING BY-LAW,TRAFFIC BY-LAW
(CITIZENS'PETITION)
MOTION: That Chapter 135 of the Code of the Town of Lexington
be amended as follows:
In Section 135-73.A,delete the following at the end of the first sentence",as defined in
subsection B."
and
delete the entirety of Section 135-73.B which previously had read:
B. Adequate capacity defined by level of service. Adequate capacity shall be
defined as level of service"D"or better as described in the"Highway Capacity
Manual, 1985 Edition"published by the Transportation Research Board. If the level of
crvicc that would result from the cumulative effect,referred to in Subsection A is"E"
or below,the SPGA shall determine there is not adequate capacity and shall deny the
application."
And further that nonsubstantive 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.
9:58 p.m. Mr.Larry Smith presented requested bylaw change and traffic implications.
10:04 p.m. Charles Hornig reported opposition of the Planning Board,explaining the
motion removes guidelines by which the zoning bylaw should rule.
10:06 p.m. Hank Manz reported the unanimous opposition of the Board of Selectmen.
Nyles Barnert reported the support of the board of Appeals,citing needed
flexibility to add to conditions.
Members spoke in opposition and support
10:21 p.m. Richard Michelson,pr.8,moved the question. Motion Adopted.
2008 Annual Town Meeting—April 30, 2008, continued...
10:22 p.m. Following a standing vote,tallied as follows:
Precinct YES NO
1 14 2
2 6 7
3 4 10
4 4 11
5 3 9
6 8 9
7 12 3
8 10 3
9 1 7
AL 0 6
Total 62 67
10:25 p.m. Article 56 Declared Not Adopted.
10:25 p.m. Presented by John Rosenberg,pr.4.
ARTICLE 57: AMEND ZONING BY-LAW,DEVELOPMENT
STANDARDS (CITIZENS'PETITION)
MOTION: That this article be indefinitely postponed.
10:26 p.m. Unanimously Adopted.
10:26 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until 7:30 p.m.,
Monday,May 5,2008,Cary Memorial Hall. Unanimously Adopted.
A true copy.
Attest:
Donna M.Hooper,Town Clerk
May 5,2008 Adjourned Session of the 2008 Annual Town Meeting
The Moderator declared the eleventh session of the 2008 Annual Town Meeting in session,
Monday,May 5,2008 at 7:30 p.m.,Cary Memorial Hall. A quorum of 177 members was
present.
7:37 p.m. Presented by John Rosenberg,pr.4.
ARTICLE 58: AMEND ZONING BY-LAW,TRANSITION AREAS AND SETBACKS
(CITIZENS' PETITION)
MOTION: That this article be Indefinitely Postponed.
7:38 p.m. Unanimously Adopted.
7:38 p.m. Presented by John Rosenberg,pr.4.
ARTICLE 59: AMEND ZONING BY-LAW,PARKING AND BICYCLE
FACILITY STANDARDS FOR OFFICE USE (CITIZENS'PETITION)
MOTION: That Chapter 135 of the Code of the Town be amended t as follows:
Delete"1/250 s.f."and insert in place thereof"1/333 s.f.,in CB 1/250 s.f."in Section
135-64A under the column entitled"Parking Factor(minimum number of parking
spaces to be provided)"for the"Type of Use"corresponding to"Office uses(except as
otherwise classified)";
and
In Section 135-64,add a new subsection F,as follows:
"F.Preferential parking.
(1) Vanpool/Carpool parking. In an Office,Manufacturing,Research or Laboratory
Use(as defined in 135-64.A.with gross floor area greater than 50,000 square
feet on the lot,preferential parking spaces shall be provided to encourage the
use of multiple-occupant vehicles.One carpool or vanpool parking space shall
be provided for every 150 motor vehicle parking spaces.Carpool and vanpool
spaces shall be signed and striped and be located near the primary entrance(s)of
the building without displacing parking for handicapped.
2008 Annual Town Meeting—May 5, 2008, continued...
(2) Bicycle parking facilities:
(a)Required Spaces. In an Office,Manufacturing,Research or Laboratory Use
(as defined in 135-64.A.),a minimum of 2 bicycle parking spaces shall be
provided,and one additional bicycle parking space shall be provided for
each increment of 20 motor vehicle parking spaces over 40 vehicle spaces.
(b)Placement and Access. Bicycle Parking shall be located near the primary
entrance(s)of the building. Half of the bicycle parking spaces shall be
provided as long-term parking,safe and secure from vandalism and theft
and protected from the elements.The other half shall be provided as short-
term(customer or visitor)parking,and short-term parking spaces shall be
visible and convenient to the building entrance. Bicycle parking apparatus
shall not be installed in a manner which will cause obstruction of pedestrian
or motor vehicle traffic.Bicycle Parking shall be situated in such a way that
normal snow removal activities and snow storage do not impact the bicycle
parking facility.
(c)Security. Bicycle parking apparatus shall be of a high-security design to
which the frame and wheel of a parked bicycle may be attached;installed in
a visible location so as to deter vandalism and theft;and permanently
mounted to the ground or to a building or other immovable structure.
(d)Dimensional Regulation. Each bicycle parking space shall be sufficient to
accommodate a bicycle 6 feet in length and 2 feet in width.Inverted U
frame or other racks that support the bicycle at 2 or more points above the
center of gravity are required."
And further that nonsubstantive changes to the number of this bylaw be permitted in
order that it be in compliance with the numbering format of the Code of Lexington.
7:38 p.m. Larry Smith addressed requested action.
7:41 p.m. Chairman Charles Hornig reported support of the Planning Board.
7:42 p.m. Hank Manz reported unanimous support of the board of Selectmen.
7:42 p.m. Stewart Kennedy reported the unanimous support of the Lexington Bicycle
Advisory Committee of the spirit of the proposal.
7:44 p.m. Elaine Dratch,pr.5,spoke in support.
7:45 p.m. Declared Unanimously Adopted.
7:45 p.m. Presented by John Rosenberg,pr.4.
ARTICLE 60: AMEND ZONING BY-LAW,PARKING STANDARD FOR RETAIL
(CITIZENS' PETITION)
MOTION: That this article be Indefinitely Postponed.
7:46 p.m. Unanimously Adopted.
7:47 p.m. Presented by Betsey Weiss,Community Preservation Committee
ARTICLE 9: APPROPRIATE FOR FY2009 COMMUNITY PRESERVATION
COMMITTEE OPERATING BUDGET AND FOR CPA PROJECTS
(q) That$579,550 be appropriated from the Historic Resources Reserve of the
Community Preservation Fund for the replacement of the Munroe Center fire
prevention system.
7:47 p.m. Ms.Weiss reviewed request for funding fire alarm system at the former Munroe
School building and reported the support of the Community Preservation Committee
(5-4)for Article 9,section(q).
7:50 p.m. Richard Pagett presented his minority report on the requested funding for the
former Munroe School building.
7:54 p.m. Peter Kelley reported the majority of the Board of Selectmen and position of the
Selectmen on providing properly operating system in the building.
7:55 p.m. David Kanter reported the unanimous support of the Capital Expenditures
Committee.
7:56 p.m. Alan Levine reported the unanimous support of the Appropriation Committee.
7:59 p.m. Fire Chief William Middlemiss responded to questions on mandatory repairs,
occupancy permits,and required work,with the Munroe system having no
operating fire alarm system.
8:01 p.m. Chief Middlemiss made a brief slide presentation of conditions with the Munroe
building fire prevention system.
2008 Annual Town Meeting—May 5, 2008, continued...
Members continued questioning code compliance issues,obligations of the
Town and current occupants,and spoke in support and opposition.
8:34 p.m. Sheldon Spector,pr.6,called the question. Motion Adopted.
8:35 p.m. After an uncertain voice vote on the question on ARTICLE 9,subsection(q),
the Moderator called for a standing vote on calling the question,tallied as
follows:
Precinct YES NO
1 10 8
2 9 7
3 8 9
4 15 4
5 9 7
6 12 8
7 15 3
8 12 6
9 16 1
AL 10 4
Total 116 57
8:35 p.m. With 116 in favor and 57 opposed,Article 9(q)Declared Adopted.
8:39 p.m. Presented by Selectman George Burnell.
ARTICLE 19: ARTICLE 19: APPROPRIATE FOR PUBLIC FACILITIES
CAPITAL PROJECTS(e)
MOTION: That the following amounts be appropriated for the following capital
improvements and that each amount be raised as indicated:
(e) Munroe Fire Prevention System—That this article be indefinitely postponed.
Unanimously Adopted.
9:39 p.m. Presented by Selectman Norman Cohen.
ARTICLE 27: AMEND FY2008 OPERATING BUDGET
MOTION: That the following amounts be appropriated to the following line items for the
current fiscal year's budget as approved under Article 21 of the 2007 Annual Town Meeting
and subsequently amended under Article 3 of the 2007 Special Town Meeting,and that said
amounts be transferred from the following sources:
Change I
(for
informational
Line Item Description From To purpos 'nly)
2130 Health Insurance $ 19,869,487 $ 19,619,487 I (250,000)
2140 Unemployment $ 375,445 $ 175,445 I $ (200,000)
2160 Property and Liability Insurance $ 582,853 I $ 592,853 I $ 10,000
2230 _ Temporary Borrowing $ 260,325 $ 147,325 $ (113,000)
4100 Law Enforcement Expenses $ 468,507 $ 473,507 $ 5,000
4200 Fire Expenses $ 485,062 $ 508,377 $ 23,315
7100 Community Development Personal Services $ 771,687 $ 739,187 $ (32,500)
7101 Community Development Expenses $ 71,689 $ 104,189 $ 32,500
7300 Economic Development Expenses $ 103,736 $ 104,486 $ 750
8600 MIS Personal Services 187,941 $ 112,941 I$ (75,000)
3100-3499 DPW Personal Services $ 3,316,221 $ 3,601,906 I $ 285,685
3100-3499 DPW Personal Expenses $ 5,126,015 $ 5,376,015 II $ 250,000
8210-8200 Town Manager Expenses $ 143,125 $ 207,125 I $ 64,000
and,further that$750 be appropriated from the General Fund Unreserved Fund Balance.
8:40 p.m. Town Manager Carl Valente explained proposed budget changes.
8:47 p.m. Pam Hoffman,pr.7,reported unanimous support of the Appropriation
Committee
8:47 p.m. Town Manager Carl Valente responded to questions on health insurance costs.
8:49 p.m. Unanimously Adopted.
8:51 p.m. Selectman Jeanne Krieger moved Reconsideration of Article 4 and explained
purposes for Reconsideration. The Moderator reviewed Lexington's Reconsideration
tradition. Mrs.Krieger reported the Board of Selectmen's unanimous support for
Reconsideration.
8:52 p.m. James Wood,pr.7, spoke in opposition to Reconsideration and on his intent to
propose funding trees(Article 7)from the Reserve Fund.
The Moderator further explained Reconsideration options.
8:58 p.m. Selectman Krieger responded to questions on proposed cuts.
2008 Annual Town Meeting—May 5, 2008, continued...
Alan Levine,pr.8,reported the support of the Appropriation Committee to the
approach proposed by the Board of Selectmen.
9:01 p.m. Charles Lamb,pr.4,spoke in support of Reserve Fund increases,and the
unanimous opposition of the Capital Expenditures Committee to Mr.Wood's approach.
Members spoke in favor and opposition to Reconsideration and opening up Article 4.
Finance Director Robert Addelson addressed questions on revenue projection.
9:10 p.m. Scott Burson,pr.4,moved the Question on Reconsideration. Motion Adopted.
9:11 p.m. Motion to Reconsider Article 4 Adopted.
9:13 p.m. ARTICLE 4: APPROPRIATE FY 2009 OPERATING BUDGET
Selectman Jeanne Krieger moved the following:
AMENDMENT: That the following line items of the budget for the fiscal
year 2009 budget approved under Article 4 be amended as follows:
Change
(for
informational
Line Item Description From To purposes only)
2160 Property and Liability Insurance $ 619,240 $ 608,240 $ (11,000)
3100-3499 DPW Personal Services $ 3,169,037 $ 3,162,037 $ (7,000)
3100-3499 DPW Personal Expenses $ 4,539,101 $ 4,533,101 $ (6,000)
9:13 p.m. Selectman Norman Cohen responded to questions on revenue projections by the
Town and acceptance by the Department of Revenue.
Town Counsel Kevin Batt explained the role of the Comptroller as the financial advisor of the
Town and of the Department of Revenue in accepting projections.
9:17 p.m. Dawn McKenna,pr.6,moved the question. Motion Adopted.
9:18 p.m. Motion to Amend Article 4 Adopted.
9:18 p.m. Vote on Article 4,as amended,Adopted.
9:18 p.m. Selectman Jeanne Krieger moved Reconsideration of Article 7.
Reconsideration Adopted.
9:19 p.m. Presented by Selectman Jeanne Krieger.
ARTICLE 7: APPROPRIATE FOR STREET TREES
AMENDMENT: That the motion approved under Article 7 be amended by
deleting the words"from the general fund unreserved fund balance"and that the words
"in the tax levy"be substituted therefor.
9:19 p.m. Amendment Unanimously Adopted.
9:20 p.m. Article 7,as amended,Unanimously Adopted.
9:20 pm. John Rosenberg,pr.4,moved Reconsideration of Article 53.
9:23 p.m. Charles Hornig,pr.8,requested the Planning Board caucus on Reconsideration,
then reported the Planning Board's unanimous opposition to Reconsideration of Article 53.
9:25 p.m. Members spoke in support and opposition to reconsideration.
9:29 p.m. Reid Zurlo,pr.3,called the Question. Motion Adopted.
9:29 p.m. John Rosenberg,pr.4,summarized reasons for Reconsideration.
9:30 p.m. Following a standing vote on Reconsideration of Article 53,tallied as follows:
Precinct YES NO
1 8 6
2 11 6
3 4 11
4 7 9
5 5 11
6 15 5
7 4 14
8 9 8
9 8 8
AL 4 10
Total 75 88
With 75 voting in support and 88 in opposition,Reconsideration of Article 53 Not Adopted.
9:36 p.m. Selectman Jeanne Krieger moved the 2008 Annual Town Meeting be Dissolved.
Unanimously Adopted.
A true copy.
Attest:
Donna M.Hooper,Town Clerk