HomeMy WebLinkAbout2004-03-02-TE-Warrant-and-2004-03-29-ATM-Warrant March 2, 2004: Annual Town Election
Presidential Primary
TOWN OF LEXINGTON WARRANT
TO THE
2004 ANNUAL TOWN MEETING
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CALENDAR OF EVENTS
Monday, March 7 Town Elections
Polls Open - 7:00 a.m.-8:00 p.m.
Tuesday, March 15 - 7:30 p.m. Moderator's Workshop for New
Selectmen's Meeting Room Town Meeting Members
Thursday, March 17 - 7:30 p.m. Precinct Meetings
Clarke Middle School TMMA Meeting
First Information Session
(Citizen articles)
Tuesday, March 22 - 7:30 p.m. TMMA Second Information Session
Clarke Middle School (Municipal Budget and Articles)
?Sunday, March 21 — 12:00 noon to 1:00 p.m. TMMA Library Tour
- 1:00 p.m. to 4:00 p.m. TMMA Bus Tour(starts at Library)
Wednesday, March 23 - 7:30 p.m. TMMA Third Information Meeting
Clarke Middle School (School Budget and Articles)
Thursday, March 24 - 7:30 p.m. Moderator's Meeting with Article Sponsors
Selectmen's Meeting Room
Monday, March 28 - 7:30 p.m. Town Meeting begins -No Town Meeting
Cary Auditorium during School Vacation Week(April 18-22)
Note: During Town Meeting, interpreters for the deaf or hard of hearing are available on request
to Human Services Coordinator Dianne Snell at 861-0194.
TABLE OF CONTENTS
Page
Calendar Inside Front Cover
Board of Selectmen's Message 3
Expenditures/Appropriations/Revenue History 4
Warrant for Presidential Primary 5
WARRANT FOR ANNUAL TOWN MEETING
Article 1 Elections 6
Article 2 Reports of Town Officers, Boards, Committees 7
Article 3 Appointments to Cary Lecture Series 7
ZONING ARTICLES
Article 4 Zoning Bylaw, 12-18 Hartwell Avenue 8
Article 5 Zoning Bylaw, Rangeway 8
Article 6 Zoning Bylaw, Common and Usable Open Space in Cluster Developments 8
Article 7 Zoning Bylaw, Impervious Surface in Residential Developments 13
Article 8 Zoning Bylaw, Home Occupations 15
Article 9 Zoning Bylaw, 1010-1012 Waltham Street 18
Article 10 Zoning Bylaw, 125, 131 and 141 Spring Street 19
Article 11 Zoning Bylaw, Center Parking 19
Article 12 Zoning Bylaw, Amendments to Standards for RD Planned Residential Development
Districts 22
Article 13 Zoning Bylaw, Metropolitan State Hospital, Concord Avenue 22
FINANCIAL ARTICLES
Article 14 Operating Budget 23
Article 15 Supplementary Appropriations for Current Fiscal Year(FY2004) 27
Article 16 Prior Years' Unpaid Bills 27
Article 17 Supplementary Appropriations for Authorized Capital Improvement Projects 27
Article 18 Capital Projects and Equipment 28
a) Building Envelope
b) Public Works Equipment
c) DPW Operations Facility
d) Street Related Improvements
e) Storm Sewer Improvements
f) Traffic Improvements
g) Sidewalk Improvements
h) Playgrounds and Recreation Facilities Improvement
i) Tennis Court Improvements
2
Article 19 Water Distribution Improvement 28
Article 20 Sanitary Sewer Improvements 29
Article 21 School Capital Projects 29
Article 22 Maintain and Upgrade School Technology 30
Article 23 Porter Lane Street Acceptance 30
Article 24 Laconia Street Acceptance 30
Article 25 Community Access Revolving Fund 31
Article 26 Municipal Electric Utility Plant 31
Article 27 Engineering, Economic and Legal Feasibility Studies for a
Lexington Municipal Electric Utility 32
Article 28 Rescind Unused Borrowing Authority 32
Article 29 Stabilization Fund 32
GENERAL ARTICLES
Article 30 Hanscom Air Force Base Resolution 33
Article 31 Senior Tax Relief 33
Article 32 Increased Tax Exemptions for Seniors on Limited Income 33
Article 33 Removal and Installation of Utility Poles 34
Article 34 Amend Tree Bylaw and Technical Correction 34
Article 35 Military Pay Act 35
Article 36 Transfer of Property to LexHAB 36
Article 37 Accept MGL Chapter 148 §26H 36
Article 38 Fire Department Under Civil Service Law 36
Article 39 Amend Section 80-8 Special Permits (Noise Bylaw) 37
Article 40 Amend Section 80-4G Stationary Engine Run-up (Noise Bylaw) 38
Article 41 Long Range Planning Committee 39
Article 42 Patriot Act Resolution 40
Article 43 Use of Funds to Reduce the Tax Rate 41
Map 42
List of Town Meeting Members 44
Town Finance Terminology 51
Election Information Inside Back Cover
3
To the Residents of Lexington:
The Warrant provides notification of the Annual Town Meeting and advises residents of the
various issues being considered at the Meeting. Only articles listed in the Warrant may be
discussed.
Articles are grouped in three categories: Zoning, Financial, and General. Descriptions are
provided in an attempt to make the Warrant useful and understandable. A map is also provided
linking certain articles to the particular sites they impact.
One of the most important votes that take place in the Annual Town Meeting is the budget. We
urge citizens to read the budget, understand it, and help us find a way to foster excellence within
the community. The Warrant includes the Town Manager's Proposed Budget for fiscal year 2005.
Between now and Town Meeting there will be multiple public joint sessions between the Board
of Selectmen, the School Committee and the Finance Committees to develop a comprehensive
proposed budget to Town Meeting. The final proposal will be delivered to all Town Meeting
members prior to the consideration of any financial articles by Town Meeting.
You will also be asked to consider a referendum question that would allow the Board to grant liquor
licenses to restaurants with 99 seats or less.
Please note that in an effort to save money, the Annual Town Election will be held on TUESDAY,
March 2"d in conjunction with the Presidential Primary. (Not on Monday as has been done in the
past.) At the voting precinct you will receive two separate ballots. One ballot will be for the
annual election, the second will be for the Presidential Primary.
BOARD OF SELECTMEN
Leo P. McSweeney, Chairman
Jeanne K. Krieger
Dawn E. McKenna
William P. Kennedy
Peter C.J. Kelley
1
Summary of Expenditures, Appropriations, & Revenues
The summary provided below shows expenditures,appropriations&revenues for the Town of Lexington FY 2001-2005.This summary reflects all actions
taken up to the release of the warrant. FY 2004 revenues are subject to change based upon the action of the Board of Selectmen during the Tax
Classification Hearing,to be held at a later date and time. FY 2005 information for the Municipal side only reflects departmental requests,and does not
reflect an agreed to level of service or amount by the Board of Selectmen.FY 2005 information for the School side does reflect a voted and agreed to level
of service by the School Committee.A recommended budget will be prepared and submitted prior to the start of Town Meeting.
FY 2001 FY 2002 FY 2003 FY 2004 FY 2005
Expenditures Expended Expended Expended Appropriated Requested
Municipal Operating* $29,176,128 $29,664,512 $ 33,963,084 $ 28,238,436 36,141,846
Articles and Capital** 821,419 1,178,723 1,074,500 887,570 2,648,100
Municipal Exempt Debt 490,200 912,245
Stabilization Fund
Total Municipal General Fund 29,997,547 30,843,235 35,037,584 29,616,206 39,702,191
Public Schools 53,081,796 58,147,242 61,490,887 62,787,454 67,399,793
School Capital** 185,000 125,000 1,005,000
School Exempt Debt 950,625 1,708,200 1,567,988 3,699,138 4,585,458
Regional Vocational School*** 811,455 787,116 843,566 901,431 928,474
Total Education 54,843,876 60,642,558 64,087,441 67,513,023 73,918,725
Water Enterprise Fund"" 5,115,572 5,297,552 4,631,433 6,275,048 6,031,620
Sewer Enterprise Fund"" 7,744,433 7,769,308 7,571,822 8,796,226 7,719,525
Recreation Enterprise Fund"" 1,239,616 1,253,313 1,253,800 1,554,272 1,779,698
Enterprise Articles" 590,000 635,000 850,000 710,000 1,730,000
Total Enterprise 14,689,621 14,955,173 14,307,055 17,335,546 17,260,843
Total Appropriations/Expenditures 99,531,044 106,440,966 113,432,080 114,464,775 130,881,759
Prior Year Supplemental
Appropriations 542,148 50,000
Prior Year Deficits&Judgments 79,753 384,232 601,532 719,146
Intergovt Charges,Offsets&
Assessors Overlay 2,924,537 3,088,401 2,466,679 2,328,681 2,950,000
Total Expenditures $102,535,334 $110,455,747 $116,550,291 $117,512,602 $133,831,759
FY 2001 FY 2002 FY 2003 FY 2004 FY 2005
Revenue Actual Actual Actual Appropriated Requested
State Aid $ 9,976,815 $ 10,466,658 $ 9,722,316 $ 7,894,598 7,894,598
Local Receipts 10,586,536 10,118,108 9,626,097 9,314,985 9,333,423
Available Funds 1,663,694 2,379,737 3,557,418 943,551 288,000
Enterprise Revenue 16,082,362 13,244,521 16,509,429 17,335,546 17,260,843
Non-Tax Levy Revenue 38,309,407 36,209,024 39,415,260 35,488,680 34,776,864
Previous Year Levy 61,322,549 67,831,893 71,101,282 74,228,862 78,000,157
Allowable 2 1/2%Inc. 1,533,064 1,695,797 1,777,532 1,855,722 1,950,957
Allowable New Construction 1,535,451 1,573,592 1,350,048 1,750,000 1,000,000
Override 3,440,829
Tax Levy Limit 67,831,893 71,101,282 74,228,862 77,834,584 80,951,114
Actual Tax Levy(w/out Debt
Excl.)""' 67,784,263 71,063,565 74,227,931
PAYT Tax Levy Reduction ($747,000)
Debt Exclusion 950,625 1,708,200 1,567,988 4,189,338 5,497,703
Total Revenues $107,044,295 $108,233,789 $115,211,179 $117,512,602 $121,225,681
Budget Deficit/Surplus 4,508,961 -2,221,958 -1,339,112 0 -12,606,078
Town Operating consists of gross appropriated/expended less direct and indirect enterprise funding All In-levy debt service also is included
" Bonding for capital projects not included Amount includes money for municipal cash capital and roads
"`"*By M G L Ch 71 Sec 34 requires most recent request of the regional school be placed within the budget It is likely that this number will change
""Enterprise Funds consist of Operating Appropriation/Expenditures,MWRA,Pine Meadows golf course operations and indirect costs
""`In FY 2002,the Actual Tax Levy(w/out Debt Exclusion)is$70,316,565 after factoring in the PAYT Reduction of$747,000
4
COMMONWEALTH OF MASSACHUSETTS
WILLIAM FRANCIS GALVIN
SECRETARY OF THE COMMONWEALTH
SS.
To either of the Constables of the Town of Lexington
GREETING:
In the name of the Commonwealth,you are hereby required to notify and warn the inhabitants of said town
who are qualified to vote in Primaries to meet at their respective voting places in said Town,
PRECINCT ONE,HARRINGTON SCHOOL; PRECINCT TWO, BOWMAN SCHOOL; PRECINCT
THREE, JONAS CLARKE MIDDLE SCHOOL; PRECINCT FOUR,BRIDGE SCHOOL; PRECINCT
FIVE, FISKE SCHOOL; PRECINCT SIX,WILLIAM DIAMOND MIDDLE SCHOOL; PRECINCT
SEVEN, ESTABROOK SCHOOL; PRECINCT EIGHT, FIRE HEADQUARTERS BUILDING;
PRECINCT NINE, MARIA HASTINGS SCHOOL,
on TUESDAY, THE SECOND DAY OF MARCH,2004,from 7:00 A.M.to 8:00 P.M. for the following
purpose:
To cast their votes in the Presidential Primary for the candidates of political parties for the
following offices:
PRESIDENTIAL PREFERENCE FOR THIS COMMONWEALTH
STATE COMMITTEE MAN THIRD MIDDLESEX SENATORIAL DISTRICT
STATE COMMITTEE MAN . . . FOURTH MIDDLESEX SENATORIAL DISTRICT
STATE COMMITTEE WOMAN THIRD MIDDLESEX SENATORIAL DISTRICT
STATE COMMITTEE WOMAN . . . FOURTH MIDDLESEX SENATORIAL DISTRICT
WARD OR TOWN COMMITTEE LEXINGTON
Hereof fail not and make return of this warrant with your doings thereon at the time and place of
said voting.
Given under our hands this 2nd day of February , 2004.
Leo P. McSweeney, Chairman Board
Jeanne K. Krieger of
Dawn E. McKenna Selectmen
William P. Kennedy
A true copy,
George D.Anderson
Constable of Lexington
5
TOWN WARRANT
TOWN OF LEXINGTON
ANNUAL TOWN MEETING
Commonwealth of Massachusetts Middlesex, ss.
To either of the Constables of the Town of Lexington, in said County, Greetings:
In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of
the Town of Lexington qualified to vote in elections and in Town affairs to meet in their
respective voting places in said Town.
PRECINCT ONE, HARRINGTON SCHOOL; PRECINCT TWO, BOWMAN SCHOOL;
PRECINCT THREE, JONAS CLARKE MIDDLE SCHOOL; PRECINCT FOUR, BRIDGE
SCHOOL; PRECINCT FIVE, FISKE SCHOOL; PRECINCT SIX, WILLIAM DIAMOND
MIDDLE SCHOOL; PRECINCT SEVEN, ESTABROOK SCHOOL; PRECINCT EIGHT, FIRE
HEADQUARTERS BUILDING; PRECINCT NINE, MARIA HASTINGS SCHOOL, on
Tuesday, the second day of March, 2004, at 7:00 a.m., then and there to act on the following
articles:
ARTICLE 1 ELECTIONS
To choose by ballot the following Officers:
Two Selectmen for a term of three years;
One Moderator for a term of one year;
Two members of the School Committee for a term of three years;
One member of the Planning Board for a term of three years;
One member of the Lexington Housing Authority for a term of five years;
Seven Town Meeting Members in Precinct One, the seven receiving the highest number of
votes to serve for terms of three years;
Seven Town Meeting Members in Precinct Two, the seven receiving the highest number of
votes to serve for terms of three years;
Seven Town Meeting Members in Precinct Three, the seven receiving the highest number of
votes to serve for terms of three years;
Eight Town Meeting Members in Precinct Four, the seven receiving the highest number of
votes to serve for terms of three years; the one receiving the next highest number of votes to fill an
unexpired term ending March 2006;
Seven Town Meeting Members in Precinct Five, the seven receiving the highest number of
votes to serve for terms of three years;
6
Eight Town Meeting Members in Precinct Six, the seven receiving the highest number of votes
to serve for terms of three years; the one receiving the next highest number of votes to fill an
unexpired term ending March 2005;
Seven Town Meeting Members in Precinct Seven, the seven receiving the highest number of
votes to serve for terms of three years;
Seven Town Meeting Members in Precinct Eight, the seven receiving the highest number of
votes to serve for terms of three years;
Eight Town Meeting Members in Precinct Nine, the seven receiving the highest number of
votes to serve for terms of three years; the one receiving the next highest number of votes to fill an
unexpired term ending March 2005;
And to act on the following question:
Whereas the Board of Selectmen is now authorized to grant licenses in the Town of
Lexington for the sale of all alcoholic beverages in restaurants with a seating capacity of
ninety-nine persons or more, shall the Board of Selectmen also be authorized to grant
licenses for the sale of all alcoholic beverages (whiskey, rum, gin, malt beverages, wines
and all other alcoholic beverages), including, but not limited to, licenses for the sale of
wine and malt beverages only (wine and beer, ale and all other malt beverages)to
restaurants in the Town of Lexington with a seating capacity of fewer than ninety-nine
persons?
Yes
No
You are also to notify the inhabitants aforesaid to meet at the Jonas Clarke Middle School, 17
Stedman Road, in said Town on Monday, the twenty-ninth day of March at 8:00 p.m., at which
time and place the following articles are to be acted upon and determined exclusively by the Town
Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and subject
to the referendum provided for by Section eight of said Chapter, as amended.
ARTICLE 2 REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
To receive the reports of any Board or Town Officer or of any Committee of the Town.
ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES
To see if the Town will authorize the appointment of the committee on lectures under the wills of
Eliza Cary Farnham and Susanna E. Cary; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
DESCRIPTION: This is an annual article that provides for the appointment of three citizens to
the Cary Lecture Series by the Moderator.
7
ZONING ARTICLES
ARTICLE 4 ZONING BYLAW, CD-6 TO CRO
12-18 HARTWELL AVENUE
To see if the Town will vote to amend the Code of the Town of Lexington, Zoning By-Law
sections and the Zoning Map of the Town of Lexington by changing the zoning district
designation of the land described in Exhibit A from the current CD-6, Planned Commercial
District Zone to CRO, Regional Office District Zone, said property being commonly known and
numbered as 12 — 18 Hartwell Avenue.
(Submitted by JOSCO Realty Trust, Owner)
DESCRIPTION: Rezoning would allow the site to be redeveloped for office or laboratory
use, or any of the other uses currently allowed in the CRO district. The current use is a one-
story brick office building. In 1988, the owner had the land rezoned to allow a hotel to be
built on the site. The hotel was never built and now the owner wants to have the property
rezoned to CRO, which is the zoning for the land around this site.
ARTICLE 5 ZONING BYLAW, RO to RD
RANGEWAY- Lot 64 of Assessors Map 90
To see if the Town will vote to amend the Code of the Town of Lexington,Zoning Bylaw sections
and the Zoning Map of the Town of Lexington by changing the zoning district designation of the land
described in Exhibit A from the current RO, One-Family Dwelling District Zone to RD,Planned
Residential Development; said property is located on the easterly side Rangeway at its intersection
with James Street, being shown on Assessors Map 90 as Lot 64, containing approximately 62,160
square feet; to allow the construction of one two-family dwelling by the Lexington Housing
Assistance Board(LexHAB); or act in any other manner in relation thereto.
(Inserted by the Lexington Housing Assistance Board (LexHAB))
DESCRIPTION: The proposed amendment would allow for the construction of a two-family
dwelling to be used for affordable housing on a rental basis by the Lexington Housing
Assistance Board (LexHAB). The rezoning is required as the current zoning only allows
single-family dwellings. It will include improvements to portions of Rangeway that would
serve as access for the dwelling.
ARTICLE 6 ZONING BY-LAW, COMMON AND USABLE
OPEN SPACE IN RESIDENTIAL DEVELOPMENTS
To see if the Town will vote to amend Sections 135-45A, 135-46D, 135-46G and 135-49G of the
Zoning By-Law relating to"common open space" in residential developments, and Sections 135-45A,
135-46E, and 135-48E of the Zoning By-Law in order to increase the required percentages of
common open space in several types of residential developments; to strengthen the definition of open
space in such developments, and to remove the requirements for"usable open space" in residential
developments, as follows:
8
COMMON OPEN SPACE IN RESIDENTIAL DEVELOPMENTS
1. In the table"Schedule of Permitted Buildings, Density and Dimensional Standards"which
follows §135-45, delete row 6:
Zoning District
RO RS,RT RD
Clus. Clus.
Corn,. Spec. Corn,. Spec.
DSPB DSPB
6.11 tininruna common open space(see§135-46D) Chis. 25% Clus. 25%
as percentage of developable site area(see§135-
41A) NR NR 10%
*At least 10%,but see also 0135-48G and 135- Spec.*
Spec.*
49G
DSPB* DSPB*
and insert in its place the following new row 6:
Zoning District
RO RS,RT RD
Clus. Clus.
Cony. Spec. Cony. Spec.
DSPB DSPB
6.Minimum common open space(see§ 135-46D)
Clus. 35% Clus. 30% Clus. 25%
as percentage of developable site area(see§ 135- NR Spec. 30% NR Spec. 25% Spec. 20%
41A) DSPB 30%* DSPB 25%* DSPB 20%*
*See also§§ 135-48G and 135-49G
2. Delete §135-46D(1):
(1) Purpose. Connnon open space is intended to provide open,natural area on a site for the general use of
most, or all, the occupants of a residential development with three or more dwelling units.It is intended to provide
for the active and passive recreational use and visual enjoyment of the occupants of a residential development
and, in some cases,for residents of the adjacent neighborhood and the public generally.
and insert in its place the following new §135-46D(1):
(1) Purpose. Common open space is intended to provide open space on a site for the use and
enjoyment of the occupants of a residential development and, in some cases, for residents
of the adjacent neighborhood and the public generally. Common open space should be
planned and designed to serve one or more of the following specific objectives:
(a) to provide a unifying element in the residential development;
(b) to preserve the natural areas on the site that are most significant environmentally;
(c) to provide opportunities for active or passive recreational use.
3. Delete §135-46D(2):
(?)Location:condition. [There required or provided, common open space shall be land that:
(a) ilIav be in one or more parcels of a size and shape appropriate for the intended use:
(b) ilIeets the requirements for developable site area as that term is defined in§135-41A:and
(c) All occupants of a development have the right to use.
and insert in its place the following new §135-46D(2):
(2) Design and condition.
9
(a) Common open space may be in one or more parcels of a size and shape appropriate for
the intended use.
(b) Common open space shall be planned as large, contiguous parcels whenever possible.
(c) Strips or narrow parcels of common open space shall be permitted only when
necessary for trails, wildlife corridor links or public access(as applicable), or if the
Planning Board finds that a vegetated buffer strip along the site's perimeter is
appropriate and consistent with the purpose of the residential development.
(d) To qualify as common open space, a parcel shall have an area of at least 600 square
feet and shall have no dimension less than 20 feet except for pathways providing
access to other parts of the common open space.
(e) Common open space shall meet the requirements for developable site area as that term
is defined in § 135-41A.
4. Amend §135-46D(3)by adding a new paragraph(c)as follows:
(c) All occupants of a residential development shall have the right to use the required
common open space.
5. Delete §135-48G:
G. Common open space.In granting a special permit with site plan review for a special residential
development, the Planning Board may require a greater amount of common space than the minimum 10%
required by Row 6 of the Schedule of Pennitted Buildings,Density and Dimensional Standards.In making that
determination, the Planning Board shall consider the need to protect the natural features of the site, the type of
housing to be constructed and its relationship to common open space, and potential public access to and use of
the open space.
and redesignate §135-48H as §135-48G.
6. Delete §135-49G:
G. Common open space. The public shall have access to all common open space in a development with
significant public benefit. The provisions of§135-46D(3)(a)[2]that allow common open space in a cluster
subdivision or a special residential development to be owned by a legal association comprised of the owners of
the development, which may exclude the public,shall not apply in a development with significant public benefit
and insert in its place the following:
G. Common open space.
(1) In granting a special permit for a development with significant public benefit,the
Planning Board may allow a lesser amount of common open space than the minimum
required by Row 6 of the Schedule of Permitted Buildings,Density and Dimensional
Standards. In making that determination, the Planning Board shall consider the need to
protect the natural features of the site,the type of housing to be constructed and its
relationship to common open space,the potential public access to and use of the open
space, and the extent of significant public benefit as defined under§135-49D.
10
(2) The public shall have access to all common open space in a development with
significant public benefit. The provisions of§135-46D(3)(a)[2] that allow common
open space in a cluster subdivision or a special residential development to be owned
by a legal association comprised of the owners of the development, which may
exclude the public, shall not apply in a development with significant public benefit.
USABLE OPEN SPACE IN RESIDENTIAL DEVELOPMENTS
1. Delete row 7 of the table, "Schedule of Permitted Buildings,Density and Dimensional Standards",
that follows §135-45.
Zoning District
RO RS,RT RD
C Ius. C Ius.
Spec. Spec.
Tipe ofDevelopment Con'. DSPB Con'. DSPB
Minimum usable open space(see§1.5-46E)per chrellmg unit,o 5,000 sf 5,000 sf 3,500 sf 3,500 sf 1,500 sf
equivalent
And renumber the current row 8, "Maximum height of dwellings", as number 7.
2. Delete the current §135-46E, "Usable open space," in its entirety. (If Article 7 passes,this section
has been renumbered as §135-46F.):
E. Usable open space.
(1) Purpose. Usable open space is intended to provide outdoor space for the recreational
and leisure time use of and in close proximity to, the occupants of dwelling units in a
residential development with three or more dwelling units.
(2) Amount of usable open space required. The minimum amount of usable open space
provided shall be as set forth in Row 7 of the Schedule of Permitted Buildings, Density and
Dimensional Standards.
(3) Qualifying usable open space. To qualify as usable open space, an area shall conform
to the following standards:
(a) Usability. The area must have a surface that is adequately drained and permits
recreational or leisure time use. Such surface may include any combination of grass,plant
materials, wood, or paving materials of a type designed for pedestrian or recreational use. No
open space shall be considered usable if:
[1] The slope of the finished grade is more than 10%; or
[2] The land does not meet the requirements for developable site area as that term is
defined in§135-41A.
(b) Location. The nearest part of the area shall be not more than 300 feet walking
distance from the dwelling unit it serves. Usable open space may be located in an area which:
[1] Is on a privately owned lot, or a space designated for the exclusive use of one dwelling
unit; or
[2] Ouahf es as common open space as provided in Subsection D.
(c) Size and shape. It has a minimum horizontal area of 600 square feet and no dimension
is less than 20 feet.
11
(d) Structures and facilities. It shall be open to the sky, and may include unroofed
facilities such as a tennis court, swimming pool or similar open air recreational facilities.
Accessory structures related to such unroofed facilities may be located within the area.
(e) Access. The access to usable open space shall conform to the same standards set forth
in Subsection E(3)(a) above but may have dimensions smaller than those set forth in
Subsection E(3)(c)above. If the dimensions of the access are smaller than those required in
Subsection E(3)(c)above, the access shall not be counted toward the minimum usable open
space required in Row 7 of the Schedule of Permitted Buildings, Density and Dimensional
Standards.
(4) Relationship between usable and common open space. Common open space will
qualify as usable open space provided it meets the criteria set forth in Subsection E(3). Usable
open space will qualify as common open space provided it is not on a privately owned lot, or
on a space designated for the exclusive use of one dwelling unit.
3. Delete the current §135-48E(1)(b):
(b) Land that also meets the standards for usable open space:
and renumber the current paragraph §135-48E(1)(c)as §135-48E(1)(b) so that §135-48E(1)reads as
follows:
(1) The common open space includes:
(a) Some, or all, of the outstanding natural features of the site and of the man-
made features, such as 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;
or act in any other manner in relation thereto.
(Inserted by the Planning Board)
DESCRIPTION: This article proposes a set of changes to the interrelated requirements for
"common open space" in cluster subdivisions (including"special residential developments" and
"developments with significant public benefit")and "usable open space".
Common Open Space. This article slightly increases the required common open space
percentages for cluster, special residential developments and developments with significant public
benefit(DSPB), and shifts the burden for justifying a different open space percentage in DSPBs
from the Planning Board to the developer. This article also tightens the definition of open space
to maximize the quality of the preserved land.
Usable Open Space. This article removes the requirements for"usable open space" in residential
developments identified in Article IX of the Zoning By-Law. It does not eliminate the
requirements for useable open space in certain other types of residential developments, including
accessory apartments(§135-19), conversion to congregate living facilities(§135-21), and
comprehensive permit projects (§138-24).
12
ARTICLE 7 ZONING BY-LAW,IMPERVIOUS SURFACE
IN RESIDENTIAL DEVELOPMENTS
To see if the Town will vote to amend Sections 135-8, 135-46E and 135-47D of the Zoning By-Law,
in order to refine the definitions of"impervious surface" and"interior drive" and to clarify how the
impervious surface regulations are to be applied to various types of residential developments, as
follows:
1. In §135-8 delete the existing definition of"impervious surface":
IMPERVIOUS SURFACE Any surface which reduces or prevents the absorption of
stormwater into previously undeveloped land. Examples are buildings,parking lots,
driveways, streets sidewalks, and any areas surfaced with concrete or asphalt.
and insert in its place the following new definition:
IMPERVIOUS SURFACE -Any material covering the ground which substantially reduces or
prevents the natural percolation of water. Examples include but are not limited to structures,
including eaves, roofs and roof overhangs; parking areas; driveways; sidewalks; gravel areas;
patios and decks; sport courts; and pools.
2. Amend the definition of"INTERIOR DRIVE" (§135-8)by inserting the phrase"(including an
intermediate link between other interior drives or between another interior drive and a driveway)" at
the end of the third sentence, so that it now reads as follows:
INTERIOR DRIVE -A roadway which is privately owned and maintained and serves a
residential or commercial development. It may have many of the physical characteristics of a
street but does not meet the legal standards for street, road or way as defined in this section.
An interior drive is not the same as a driveway, which is the means of access to a parking lot
or parking space; an interior drive is the connecting link between a public street and a
driveway (including an intermediate link between other interior drives or between another
interior drive and a driveway).
3. Insert the following new definitions in §135-8 following the definition of"INTERIOR DRIVE":
INTERIOR DRIVE,PRINCIPAL—An interior drive that is not a secondary interior drive as
defined herein.
INTERIOR DRIVE, SECONDARY—An interior drive that provides the sole means of
vehicular access to not more than four dwelling units, and has only one intersection with a
public or private street or other interior drive.
4. In the table following §135-45 delete row 5 of the"Schedule of Permitted Buildings, Density and
Dimensional Standards":
Zoning District
RO RS,RT RD
Cony. Clus. Cony. Clus.
Spec. Spec.
Tipe ofDevelopment DSPB DSPB
5.Maximum impervious surface ratio NR* 0.15 NR* 0.20 0.40
(see§1.5-41)
*No requirement for a conventional suhchvision as a whole:see§135-4 D fo
individual lots
and insert in its place the following:
13
Zoning District
RO RS,RT RD
Cony. Clus. Cony. Clus.
Spec. Spec.
Type of Development DSPB DSPB
5.Maximum impervious surface ratio 0.12 0.15 0.20 0.20 0.40
(see§135-41A and§135-46E)
5. Insert after § 135-46D a new §135-46E (and renumber remaining sections accordingly):
E. Impervious surface ratios.
(1) The impervious surface ratio for residential developments shall be determined
as follows:
(a) In a cluster subdivision, a special residential development, or a development
with significant public benefit, the ratio shall be computed on the basis of the
impervious surface area and total area of the entire development, excluding
from both elements of the computation(numerator and denominator)the
impervious surface area of all principal interior drives.
(b) For a conventional subdivision, or for any other lot not subject to paragraph(a)
above,the impervious surface ratio shall be computed on the basis of the area
of the individual lot(s).
(2) In the case of a project on a previously developed site on which the existing
impervious surface coverage is greater than the percentage specified in Row 5 of
the"Schedule of Permitted Buildings,Density and Dimensional Standards,"the
Planning Board may by special permit increase the allowable impervious surface
ratio. Any increase in impervious surface ratio allowed by a special permit shall
result in a net reduction of impervious coverage, not to exceed one-half of the
difference between the existing ratio and the ratio specified in the"Schedule of
Permitted Buildings, Density and Dimensional Standards."
6. Delete §135-47D(1):
(1) Maxine ni impervious surface ratio.
(a) RS or RT District: 0.20
(b) RO District: 0.12
And renumber the current paragraphs(2) and(3), and delete the"And' at the beginning of the current
§135-47D(2), so that §135-47D now reads as follows:
D. Additional standards applicable to conventional subdivisions. In addition to the
dimensional standards set forth in the Schedule of Permitted Buildings, Density and
Dimensional Standards that apply to a residential development as a whole, the following
shall also apply to an individual lot in a conventional subdivision approved after May 4,
1987:
14
(1)If a dwelling, including any addition thereto, which has a gross floor area of 2,500
square feet or more, is erected thereon, it shall have:
(a) Minimum side yard.
[1] RS or RT District: 25 feet.
[2] RO District: 25 feet.
(b) Minimum rear yard.
[1] RS or RT District: 25 feet.
[2] RO District: 25 feet.
(2) See also §135-36C which requires that a minimum percentage of the required
minimum lot area be in a contiguous developable site area.
or act in any other manner in relation thereto.
(Inserted by the Planning Board)
DESCRIPTION: This article contains several changes in the provisions for impervious surface
ratios in order to correct a bias in the existing regulations against cluster subdivisions. This article
creates a new provision specifying that interior drives that are functionally equivalent to public
streets shall be treated in the same manner as public streets for the purpose of calculating
impervious surface ratios. This article also creates a new provision allowing the Planning Board to
increase the maximum impervious surface ratio, within specified limits, through the special permit
process, where there will be a net reduction of impervious coverage on a previously-developed
site. Finally,this article revises the definitions of"impervious surface" and"interior drive" in
order to eliminate some ambiguity and to help implement the above changes in regulations for
cluster developments.
ARTICLE 8 ZONING BY-LAW,
HOME OCCUPATIONS
To see if the Town will vote to amend the Zoning By-Laws in order to refine the definitions of"home
occupations,"to adjust the use table relating to home occupations, and to establish specific standards
for such uses, as follows:
1. DEFINITIONS
In §135-8, delete the existing definition of"Home Occupation":
HOME OCCUPATION--Certain occupations engaged in within an existing dwelling or a building accessory
thereto by a resident thereof provided that there shall be no sign, advertising device, exterior storage, or other
exterior indication of the home occupation, and that such occupations are limited to the exercise of personal or
professional skills in the fields of music, dramatics, arts and crafts and academic pursuit and the giving of
instructions or lessons,for compensation, in such skills, and also the performance of custom work of a domestic
nature, such as dressmaking,millinery, and clothes washing provided that equipment utilized is such as is
customarily incidental to residential occupancy.
and insert in its place the following new definitions:
Home Occupation—
Any business, occupation, or activity undertaken for gain within a residential structure, by a
person residing in the structure, that is incidental and secondary to the use of that structure as a
dwelling unit.
15
Home Occupation, Instruction—A home occupation that consists of teaching that takes
place inside the dwelling unit of the instructor. Typical instruction includes music lessons
and academic tutoring. No more than two students can receive instruction at any time, with
the exception of no more than four recitals per year.
Home Occupation, Minor—A home occupation with no nonresident employee, partner, or
contractor working on the premises; no more than one customer or client visiting the
premises at a time; and no more than 6 customers or clients visiting the premises over the
course of a day.
Home Occupation,Major—A home occupation with no more than one nonresident
employee, partner, or contractor working on the premises; or more than one customer or
client visiting the premises at a time; and no more than 10 customers or clients visiting the
premises over the course of a day.
2. USE REGULATIONS
In Article IV, §135-16, Table 1,Part A, delete lines 1.24 and 1.25:
Line RO RT RAI RD* CN CBS CS CB CRO CII
RS CLO
1?4 Home occupation in which there is no exterior evidence Y Y Y SP Y N NN N N
of the occupation,no employee who is not also a resident
in the chrellmg•and not more than one customer or client
visits the chrelling at one time
1.25 Home occupation,or once ofa phj•sician•dentist or SP SP SP SP Y N NN N N
other professional person,residing in the chrelhng•
provided there is no exterior evidence of the occupation
and each employee is also a resident in the chrelhng:mai
have customers or clients visit the chrelhng
and insert in their place the following:
Line RO RS RT RM RD* CN CRS CS CB CRO CM
CLO
1.24 Home Y Y Y SP Y N N N N N
occupation,
instruction(see
§135-25.1)
1.251 Home Y Y Y SP Y N N N N N
occupation,
minor(see
135-25.1)
1.252 Home SP SP SP SP Y N N N N N
occupation,
major(see
135-25.1)
16
3. PERFORMANCE STANDARDS
In Article V, insert a new §135-25.1 to address performance standards for home-based businesses:
§ 135-25.1 Home Occupations
A. Intent. The provisions of this section are intended to accommodate limited business uses in
dwellings, conducted by the residents thereof, in order to promote wider economic
opportunities for Lexington residents,while at the same time protecting residential
neighborhoods from adverse impacts.
B. Applicability. The provisions of this section shall apply to all permitted home occupations
except where specifically stated otherwise.
C. Accessory Use. Home occupations shall be considered accessory uses to the principal
residential use of a dwelling, and shall be conducted by a resident of the dwelling. A home
occupation shall be incidental to the principal use as a residence, but need not be a use that
is customarily associated with residential use.
D. Maintenance of Residential Character. There shall be no exterior indication of the home
occupation, except as provided herein in the form of off-street parking.
(1) The business shall not require alterations to the exterior of the building.
(2) There shall be no exterior storage of materials, supplies, or equipment related to the
business.
(3) There shall be no sign indicating the business.
E. Number of home occupations. More than one home occupation may be established in a
dwelling, subject to the use regulations of§135-16, but all home occupations combined
shall not exceed any of the standards of this section.
F. Hours of Operation: Business visits to a home occupation shall be limited to the hours from
8:00 A.M. to 9:00 P.M.
G. Employees.
(1) A minor home occupation or instruction home occupation shall have no nonresident
employee, contractor, or partner.
(2) A major home occupation shall have no more than one full-time nonresident employee,
contractor, or partner(or the equivalent thereof) on the premises at any one time.
(3) The number of nonresident employees working at off-premise locations is not limited,
provided that such employees do not regularly visit the premises.
H. Commercial Vehicles, Pickups and Deliveries.
(1) Commercial vehicle parking shall be subject to Article IV, Table 1,Part A, line 1.32.
(2) Vehicles used to deliver goods to the home-based business shall be limited to passenger
vehicles, mail carriers, and panel trucks or small vans such as used by express package
carriers and office supply companies.
(3) Pickups and deliveries shall not exceed those normally and reasonably occurring at a
residence and shall not include more than an average of two pickups and deliveries of
products or materials per day.
I. Parking. A major home occupation shall provide off-street parking spaces for the home
occupation, in addition to two spaces for the dwelling unit, as follows:
(1) One parking space shall be provided for a nonresident employee, partner, or contractor
regularly working on the premises;
17
(2) When a home occupation requires a special permit, the Board may require, at its
discretion, the provision of up to one parking space for each client or customer
expected to visit the premises at one time, if site-specific conditions warrant it.
Provision of such a space shall be in addition to parking required for the dwelling unit
and nonresident employees.
J. Environmental Impacts. The equipment used by the home occupation and the operation of
the home occupation shall not:
(1) create any heat, glare, dust, odors, or smoke discernable at the property lines;
(2) exceed the noise standards in the Lexington Noise Control Bylaw(Code of Lexington,
Chapter 80, Sections 1 through 11 inclusive);
(3) create any electrical, magnetic or other interference off the premises; or
(4) use and/or store hazardous materials (as defined in Massachusetts General Laws,
Chapter 21E, Section 2)in excess of quantities permitted in residential structures.
or act in any other manner in relation thereto.
(Inserted by the Planning Board)
DESCRIPTION: This article refines and updates the definitions of"home occupations,"by
allowing uses based on their impacts rather than on a list of allowed occupations. The current
bylaw limits home occupations to the exercise of personal or professional skills in the fields of
music, dramatics, arts and crafts and academic pursuit and the giving of instructions or lessons, for
compensation, in such skills, and also the performance of custom work of a domestic nature, such
as dressmaking, millinery, and clothes washing. As currently written the bylaw does not allow
telecommuting. The proposed changes are intended to accommodate limited business uses in
dwellings, conducted by the residents thereof, in order to promote wider economic opportunities
for Lexington residents, while at the same time protecting residential neighborhoods from adverse
impacts.
ARTICLE 9 ZONING BYLAW,RD ZONING DESIGNATION
1010-1012 WALTHAM STREET
To request the Town to amend the Code of the Town of Lexington, Zoning By-Law Sections and the
Zoning Map of the Town of Lexington by amending the existing Preliminary Site Development and
Use Plan relating to the RD Zoning Designation approved at the 1986 Annual Town Meeting, Article
47,to permit expansion of the existing facilities to allow for additional living units, health care
facilities, and support service space, as shown on the Preliminary Site Development and Use Plan
dated December 30, 2003 on file with the Planning Board, and to act in any other manner relative
thereto. This petition is made pursuant to Article VIII, Section 135-42D.(3) and other applicable
provisions of the Zoning By-Law of the Town of Lexington. The said property is located at 1010-
1012 Waltham Street.
(Submitted by Symmes Life Care Inc., d/b/a Brookhaven at Lexington,the property owner)
18
DESCRIPTION: This article seeks to amend the existing Preliminary Site Development and Use
Plan approved under Article 47, 1986 Annual Town Meeting. The amendment would permit
Brookhaven to increase the total gross building floor area from approximately 375,950 square feet
to approximately 505,000 square feet. The space to be created would be occupied by additional
living units, health care facilities and space for support services.
ARTICLE 10 ZONING BYLAW, CRO and RO to CD
125, 131 and 141 SPRING STREET
To request the Town to amend the Code of the Town of Lexington, Zoning By-Law sections and the
Zoning Map of the Town of Lexington,by changing the zoning district designation of the land
described in a certain written metes and bounds description(Appendix 6)on file with the Planning
Board, from the current CRO Regional Office District and RO One Family Dwelling District to a CD
Planned Commercial District with certain specified uses (pursuant to the provisions of Town of
Lexington Code §135-42), said property being commonly known and numbered as 125, 131 and 141
Spring Street(former Raytheon Corporate Headquarters)to allow construction of a new building(s)
for office and laboratory uses and to act in any other manner relative thereto.
(Submitted by PM Atlantic Lexington,LLC, the property owner)
DESCRIPTION: The proposed amendment would rezone the former Raytheon headquarters
property from the present CRO business and RO residential districts to a Planned Commercial
Development District. This would allow for approximately 271,600 square feet of new space to
be constructed on the 95.8 acre site, together with additional parking and a declaration of
conservation easements over portions of the site.
ARTICLE 11 ZONING BYLAW,CENTER PARKING
Consistent with the goal of strengthening the Center Business District as a focal point of
commercial and cultural activity in the Town, in furtherance of the objectives set forth in Section
135-62A, and in recognition of the close proximity of many different uses and a unique
combination of shared public and private parking and loading facilities in and around the Center
Business District, the Board of Appeals shall have the authority by special permit to modify the
off-street parking and loading requirements of Article XI in accordance with and subject to the
provisions of this Section 135-70.
A. Upon finding that a proposed modification of off-street parking or loading requirements will
further objectives (1), (2) or(3)below, and the applicant has agreed to undertake specific
measures satisfactory to the Board under(4)below, in the Center Business District the Board of
Appeals may grant a special permit modifying or reducing one or more of the off-street parking
and loading requirements of Article XI:
(1) the proposed special permit is consistent with the general objectives set forth in
Section 135-62A.
(2) the proposed use will have adequate parking and loading facilities considering the
combined public and private off-street parking and loading resources that are available
to serve the use.
19
(3) The hours or days of peak parking or loading that will be generated by the proposed
use will be sufficiently different from other uses in the same vicinity such that
available parking and loading facilities will be adequate for all uses served by the
parking lot or loading bay.
(4) The applicant has agreed to undertake specific measures to improve the accessibility of
the parking areas and enhance the connections between parking, pedestrian pathways,
bike paths, main streets, and main destinations in such a way so as to improve the flow
or safety of pedestrian or vehicular traffic, the efficient sharing of existing parking
spaces, and to contribute to strengthening the overall sense of place that is Lexington
Center. Such measures may include, but are not limited to the following:
(a) The applicant has agreed to improve the signage, lighting or designation of existing
driveways, parking or loading facilities.
(b) The applicant has agreed to improve the signage, lighting or designation of existing
pedestrian pathways, connections or walkways serving the location.
(c) The applicant has agreed to add sidewalks, pedestrian pathways, or other
pedestrian connections, to or from existing or proposed parking facilities, that will
serve the location of the proposed use.
(d) The applicant has agreed to add sidewalks, pedestrian pathways, or other
pedestrian connections to or from the location of the proposed use.
(e) The applicant has agreed to make improvements to enhance emergency access,
snow removal, or storage and removal of trash.
(f) The applicant has agreed to make improvements to pedestrian or vehicular traffic
flow that will more efficiently utilize existing resources in a manner that will
improve visitor access, traffic safety, and the Town Center experience as an
attractive and vibrant destination.
(g) The applicant has agreed to make improvements that will substantially contribute
to a safe and attractive environment for pedestrians in the Center Business District.
(h) The applicant has agreed to make a substantial financial, technical or in kind
contribution to improvements in public or other alternative transportation systems
serving the Center Business District.
Where the Board of Appeals determines that one or more of the foregoing objectives are
applicable to the particular application for a special permit, the Board of Appeals shall make a
finding and determination that the objective will be met. Furthermore, the Board of Appeals may
attach such conditions and limitations as it deems necessary to insure that such finding and
determination is complied with. Without limiting the generality of foregoing, such conditions and
limitations may include hours of operation, scope of use, change of ownership, and duration of the
special permit.
20
B. MULTIPLE USES. Where two or more activities or uses provide for required parking or
loading in a common parking lot or loading area, the number of parking spaces or loading bays
required may be reduced below the sum of the spaces or bays required for the separate activities
or uses or if it can be demonstrated that the hours, or days, of peak parking or loading need for the
uses are so different that a lower total will provide adequately for all uses or activities served by
the parking lot or loading bay.
C. LIMITATIONS.
(1) no new off-street parking space, loading bay or driveway shall be permitted for a depth
of 30 feet from the street line of Massachusetts Avenue or of Waltham Street within
the Center Business District.
(2) Required parking spaces may be provided on the same lot, or, if a special permit under
Section 135-69D is granted by the Board of Appeals, on another lot within the CB
District provided such facility is within 1200 feet walking distance of the entrance of
the building which such parking spaces are required to serve.
(3) When there is a proposed change of use(s)within all or a part of a building within a
CB District and:
(a) the change of use(s) results in a reduction in the number of required parking spaces
under this Article XI as compared to the number of required parking spaces
required under this Article XI calculated on the basis of the use(s) within the
building immediately prior to the change, then
(b) the number of required parking spaces calculated on the basis of the use(s)within
the building immediately prior to the change shall be calculated and certified in
writing by the building owner or a representative of the owner to the town zoning
officer and approved by the Town zoning officer; in which case
(c) said higher number of certified parking spaces shall be attributed to said building
and available for use in connection with said building for purposes of meeting the
parking requirements under this Article XI resulting from future changes in use(s)
within said building.
D. NON-PREEMPTION. The provisions of this Section 135-70 shall be construed as being
cumulative and not in limitation of the provisions of Section 135-69.
(Inserted by the Board of Selectmen at the request of the Lexington Center Committee)
DESCRIPTION: The proposed Article would amend the Zoning Bylaw to authorize the
Zoning Board of Appeals to modify or reduce, by Special Permit, the parking
requirements applicable to the Center Business District. By making it possible for prospective
businesses to satisfy parking and loading requirements without a zoning variance, the
Lexington Center Committee believes that Lexington Center will be able to attract and
accommodate desirable uses that are currently unable to locate here.
21
ARTICLE 12 ZONING BYLAW,AMENDMENTS TO STANDARDS FOR RD
PLANNED RESIDENTIAL DEVELOPMENT DISTRICTS
To see if the Town will vote to amend the Zoning By-Law of the Town of Lexington by amending the
standards for RD Planned Residential Development District as set forth in the Schedule of Permitted
Buildings, Density and Dimensional Standards at Section 135-45 of the Zoning By-Law so that, in an
RD District in which(x)the area of the tract to be developed is not less than 20 acres and(y)the
planned residential development involves the redevelopment of existing structures,wherein not less
than 25%of such existing structures shall be retained or rehabilitated, such standards are modified as
follows, subject, however,to all of the other procedures and terms applicable to RD Planned
Residential Districts:
(i) Minimum Yard Setback on the Perimeter of the Tract shall be 8 feet for the front yard and 30
feet for the side and rear yards;
(ii) The Maximum Impervious Surface Ratio shall be 0.55;
(iii)The Minimum Usable Open Space Per Dwelling Unit, or equivalent, shall be 1,050 square feet;
and
(iv) The Maximun Height of Dwelling shall be 60 feet;
and to take any other action or to act in any other manner relative thereto.
(Inserted by Edmund Grant and nine or more registered voters)
DESCRIPTION: The proposed amendment, submitted as a citizen's article,would substitute
dimensional standards for certain redevelopment projects in large tracts of land which are being
proposed under the Town's RD Planned Residential Development District zoning provisions.
The proposed article would retain all of Town Meeting's discretion and control over the approval
of any preliminary site development and use plan(PSDUP)for any development in the RD
District.
ARTICLE 13 ZONING BYLAW,RO TO RD
METROPOLITAN STATE HOSPITAL LAND,CONCORD AVENUE
To see if the Town will vote to amend the Zoning By-Law of the Town of Lexington by changing the
zoning district designation of the land described below, commonly known as the Main Campus Site
of the former Metropolitan State Hospital, from the current RO, One Family Dwelling district to a RD
Planned Residential Development District, to allow construction of a multi-family housing
development; and to take any other action or to act in any other manner relative thereto. The general
location of the former Metropolitan State Hospital Site is off of Concord Road, approximately 0.5
miles east of the intersection of Concord Road and Pleasant Street.
The land to be rezoned is described as follows: Lot 3 as shown on a plan entitled"Definitive
Subdivision Plans for Metropolitan Parkway, Metropolitan State Hospital, Lexington,Waltham&
Belmont,MA" dated October 1, 2002 and recorded with the Middlesex County South Registry of
Deeds on February 6, 2003 as Plans No. 106, 107 and 108.
22
The preliminary site development and use plan for the RD Planned Residential Development District
shall be a plan dated January, 2004,to be filed with the Planning Board and the Town Clerk as
required by and in accordance with the requirements of the Zoning By-Law.
(Inserted by Commonwealth of Massachusetts)
DESCRIPTION: The proposed amendment, submitted on behalf of The Commonwealth of
Massachusetts acting by and through its Division of Capital Asset Management and Maintenance,
would rezone the property from the present RO district to a Planned Residential Development
district. This would allow for the construction by the Commonwealth's designated developer,
AvalonBay Communities, Inc., of not more than 430 housing units and related improvements on
the site of the former Metropolitan State Hospital, in accordance with Chapter 309 of the Acts of
1996, and in accordance with the Metropolitan State Hospital Re-Use Plan, dated June 30, 1994,
as amended, prepared by the Commonwealth in cooperation with the Tri-Community Task Force
a/k/a the Metropolitan State Hospital Task Force.
FINANCIAL ARTICLES
ARTICLE 14 OPERATING BUDGET
To see if the Town will make appropriations for expenditures by departments, officers, boards,
and committees of the Town for the ensuing fiscal year and determine whether the
money shall be provided by the tax levy or by transfer from available funds, including any
revolving or special funds, including enterprise funds, or by any combination of these methods; or
act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
DESCRIPTION: This article requests funds for the Fiscal Year 2005 (July 1, 2004 - June 30,
2005) operating budget. The operating budget includes the school and municipal budgets,
including water, sewer and recreation operations. The operating budget also includes
requests for funds to provide salary increases for employees, including salaries negotiated
through collective bargaining negotiations. The municipal budget also includes certain
school costs. These are primarily the costs of debt service requirements, property and
liability insurance on school buildings and contents, and pension costs for school employees
other than professional staff. The preceding chart lists by account FY 2003 expenditures, FY
2004 appropriations and FY 2005 proposed.
23
FY 2003 FY 2004 FY 2005
a Appropriated Requested
Education" r
1000
1100 Lexington Public Schools $ 61,490,887 $ 62,787,454 $ 67,399,793
1200 Regional Schools $ 843,566 $ 901,431 $ 928,474
Total Education $ 62,334,453 $ 63,688,885 $ 68,328,267
2000 Shared Expenses
2100 Employee Benefits
Contributory Retirement 2,721,766 1,584,000 $ 3,015,532
Non-Contributory Retirement 103,431 123,000 $ 85,000
General Insurance 4,789,485 4,837,734 4,990,804
7,614,682 6,544,734 8,091,336
2200 Debt Service
Payment on Funded Debt 2,185,000 3,253,000 $ 3,461,000
Interest on Funded Debt 292,933 547,957 $ 663,170
Temporary Borrowing 475,000 275,000 $ 275,000
Exempt Debt 1,567,988 4,289,338 $ 5,497,703
4,520,921 8,365,295 9,896,873
2300 Operating Articles
Reserve Fund 150,000 150,000 $ 150,000
Municipal Salary Adjustment 327,668 185,810 $ 350,000
477,668 335,810 500,000
2400 Organizational Expenses
Municipal Services and Expenses
Personal Services 42,083 43,576 $ 39,976
Expenses 94,589 97,400 $ 102,400
136,672 140,976 142,376
Total Shared Expenses $ 12,749,943 $ 15,386,815 $ 18,630,585
3000 Community Services
3100 DPW General Fund
3500 Personal Services 3,568,589 2,873,647 $ 3,035,068
Expenses 4,743,478 3,974,600 $ 5,260,894
3700 Water Enterprise 4,631,433 5,437,920 $ 6,031,620
3800 Sewer Enterprise 7,571,822 8,047,157 $ 7,719,525
20,515,322 20,333,324 $ 22,047,107
3600 Transportation
Personal Services 64,261 - $ 65,184
Expenses 279,308 - $ 388,844
343,569 - $ 454,028
Total Community Services $ 20,858,891 $ 20,333,324 $ 22,501,135
A`
' Q
Program: ,, -- A l ria r' ;ri ec1 _:R uested,'\'
lam` p �:Q., �►pp oP . .
4000 Public Safety
4100 Law Enforcement
1,1
Personal Services 3,873,316 3,305,920 $ 3,861,362
Expenses 405,790 415,140 $ 415,140
4,279,106 3,721,060 $ 4,276,502
4200 Fire Services11
Personal Services 3,505,567 3,159,420 $ 3,928,792
Expenses 462,235 385,673 $ 481,011
3,967,802 3,545,093 $ 4,409,803
11
1111
Total Public Safety $ 8,246,908 $ 7,266,153 $ 8,686,305 III
111
5000 Culture and Recreation
5100 Cary Memorial Library dl'
Personal Services 1,530,513 1,204,181 $ 1,463,971
Expenses 259,393 274,003 $ 315,727
1,789,906 1,478,184 $ 1,779,698
5200 Recreation Enterprise y'l'
Personal Services 450,633 513,710 $ 517,795 j
Expenses 803,167 813,562 $ 899,560
5200 Recreation Enterprise 1,253,800 1,327,272 $ 1,417,355 III
1
Total Culture and Recreation $ 3,043,706 $ 2,805,456 $ 3,197,053
II
6000 Social Services
6100 Council on Aging
Personal Services 149,188 142,881 $ 155,591 "'II
Expenses 176,464 179,140 $ 182,236
325,652 322,021 $ 337,827 I''
6200 Human Services
Veterans Admin & Benefits
Personal Services 30,091 25,018 $ 25,018
Expenses 24,963 23,381 $ 23,381
Services for Youth 72,557 - $ 85,000
Developmentally Disabled 18,873 - $ 14,839
146,484 48,399 $ 148,238
q
Total Social Services $ 472,136 $ 370,420 $ 486,065 , II'
II
7000 Community Development
7100 Office of Comm. Development
Personal Services 608,457 537,348 $ 639,305
Expenses 58,272 38,360 $ 58,360
666,729 575,708 $ 697,665
25
I.ISI
Program p pt :. pprapr „ RequestO
7200 Planning
Personal Services 191,032 168,734 $ 184,497
Expenses 38,172 8,450 $ 8,450
229,204 177,184 $ 192,947
7300 Economic Development
Personal Services 78,859 19,480 $ 28,374
Expenses 74,984 56,701 $ 76,577
153,843 76,181 $ 104,951
Total Community Development $ 1,049,776 $ 829,073 $ 995,563
8000 General Government
8100 Board of Selectmen
Board of Selectmen Admin.
Personal Services 80,086 60,813 $ 61,983
Expenses 60,288 69,150 $ 69,150
Legal 322,785 225,000 $ 225,000
Town Report 6,000 6,000 $ 6,000
469,159 360,963 $ 362,133
8200 Town Manager
Personal Services 349,748 324,919 $ 306,103
Expenses 11,494 14,667 $ 14,667
361,242 339,586 $ 320,770
8300 Town Committees
Appropriations Committee 470 1,000 $ 1,000
Misc. Boards and Committees 5,140 8,755 $ 8,755
Public Celebrations Committee 23,936 25,000 $ 25,000
29,546 34,755 $ 34,755
8400 Finance
Personal Services 826,329 731,128 $ 729,231
Expenses 230,379 259,900 $ 224,200
1,056,708 991,028 $ 953,431
8500 Town Clerk
Personal Services 171,775 135,160 164149
Expenses 36,384 30,425 37600
Elections Personal Services 63,430 40,170 64240
Elections Expenses 25,398 22,050 28700
296,987 227,805 294,689
8600 Management Information Systems
Personal Services 160,388 153,280 $ 165,065
Expenses 192,737 140,900 $ 180,500
353,125 294,180 $ 345,565
Total General Government $ 2,566,767 $ 2,248,317 $ 2,311,343
Total Operating $ 111,322,580 $ 112,928,443 I $ 125,136,316
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ARTICLE 15 SUPPLEMENTARY APPROPRIATIONS
FOR CURRENT FISCAL YEAR(FY 2004)
To see if the Town will make supplementary appropriations, to be used in conjunction with money
appropriated under Article 4 of the warrant for the 2003 Annual Town Meeting, to be used during
the current fiscal year, or make any other adjustments to the current fiscal year budget and
appropriations that may be necessary; determine whether the money shall be provided by transfer
from available funds; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to permit adjustments to current fiscal year
(FY 2004) expenditures.
ARTICLE 16 PRIOR YEARS' UNPAID BILLS
To see if the Town will raise and appropriate money to pay any unpaid bills rendered to the Town
for prior years; determine whether the money shall be provided by the tax levy, by transfer from
available funds, or by any combination of these methods; or act in any other manner in relation
thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: Unknown at press time.
DESCRIPTION: This is an annual article to request funds to pay bills received after the close
of the fiscal year in which the goods were received or the services performed, and for which
no money was encumbered.
ARTICLE 17 SUPPLEMENTARY APPROPRIATIONS FOR
AUTHORIZED CAPITAL IMPROVEMENT PROJECTS
To see if the Town will make supplementary appropriations to be used in conjunction with money
appropriated in prior years for the installation or construction of water mains, sewers and
sewerage systems, drains, streets, buildings, recreational facilities, or other capital improvements
that have heretofore been authorized; determine whether the money shall be provided by the tax
levy, by transfer from available funds, including enterprise funds, by borrowing, or by any
combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: Unknown at press time.
DESCRIPTION: This is an annual article to request funds for capital improvement project
expenditures that exceed the level of appropriation.
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ARTICLE 18 CAPITAL PROJECTS AND EQUIPMENT
To see if the Town will vote to appropriate a sum of money for the following capital
improvements:
(a) Building Envelope;
(b) Public Works Equipment;
(c) DPW Operations Facility;
(d) Street Related Improvements;
(e) Storm Sewer Improvements;
(f) Traffic Improvements;
(g) Sidewalk Improvements;
(h) Playgrounds and Recreation Facilities Improvement; and
(i) Tennis Court Improvement.
and determine whether the money shall be provided by the tax levy, by transfer from available
funds, including enterprise funds, by borrowing, or by any combination of these methods;
authorize the Selectmen to apply for, accept, expend and borrow in anticipation of state aid for
such capital improvements; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: $2,485,000 - (a) $485,000 (b) $500,000 (c) $0 (d) $1,000,000 (e)
$150,000 (f) $85,000 (g) $100,000 (h) $35,000 (i) $130,000
DESCRIPTION: This article is proposed to request funds for maintaining existing capital
assets.
ARTICLE 19 WATER DISTRIBUTION IMPROVEMENT
To see if the Town will vote to install new water mains and replace or clean and line existing
water mains in such accepted or unaccepted streets or other land as the Selectmen may determine,
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; appropriate
money for such installation and land acquisition and determine whether the money shall be
provided by the tax levy, by transfer from available funds, including any special water funds, or
by borrowing, or by any combination of these methods; authorize the Selectmen to apply for,
accept, expend and borrow in anticipation of federal and state aid for such projects; or act in any
other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: $850,000
DESCRIPTION: This article requests Water Enterprise funds for relaying lines in Larchmont
Lane, Utica Street and Laconia Street and for cleaning and lining in Bird Hill Road, Swan
Lane, Sheridan Street, Shirley Street, Vine Street and Webb Street.
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ARTICLE 20 SANITARY SEWER IMPROVEMENTS
To see if the Town will vote to install sewer mains and sewerage systems and replacements
thereof in such accepted or unaccepted streets or other land as the Selectman 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 in amendment thereof, or otherwise, and to take by
eminent domain, purchase or otherwise acquire any fee, easement or other interest in land
necessary therefore, appropriate money for such installation and land acquisition and determine
whether the money shall be provided by the tax levy, by transfer from available funds, including
any special sewer funds, by borrowing, or by any combination of these methods; authorize the
Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid for such
sewer projects; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: $600,000
DESCRIPTION: This article requests funds to make improvements to the sanitary sewer
system to relieve surcharging at low points.
ARTICLE 21 SCHOOL CAPITAL PROJECTS
To see if the Town will appropriate a sum of money to remodel, reconstruct and make
extraordinary repairs to school buildings and determine whether the money shall be provided by
the tax levy, by transfer from available funds, by borrowing or by any combination of these
methods; or act in any other manner in relation thereto.
(Inserted at the request of the School Committee)
FUNDS REQUESTED: $690,000
DESCRIPTION: This article request funds for the following school projects:
Elementary
1. $55,000 for the removal of asbestos under the Harrington gym floor;
2. $85,000 for the repair a large stress crack in the building envelope of the Hastings School;
3. $125,000 for the replacement of a shingled roof over the gym at the Hastings School;
4. $85,000 for the repair of chronic roof leaks at the Estabrook School;
Secondary
1. $165,000 for the replacement of the lighting in the High School auditorium;
2. $100,000 for replacement of the 35-year-old High School track; and
3. $75,000 for the repair of the gym and science building roofs at the High School.
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ARTICLE 22 MAINTAIN AND UPGRADE SCHOOL TECHNOLOGY
To see if the town will appropriate a sum of money for the maintenance and upgrade of the
schools' technology systems; determine whether the money shall be provided by the tax levy, by
transfer from available funds, by borrowing, or by any combination of these methods; or act in
any other manner in relation thereto.
(Inserted at the request of the School Committee)
FUNDS REQUESTED: $250,000
DESCRIPTION: This article requests money to be appropriated for the upkeep and upgrade of
the schools' technology systems.
ARTICLE 23 PORTER LANE STREET ACCEPTANCE
To see if the Town will vote to establish as a Town way and accept the layout of as a Town way
Porter Lane from Adams Street a distance of 488 feet, more or less,to end, as laid out by the
Selectmen, all as shown upon a plan on file in the office of the Town Clerk, dated November 25, 2003
and to take by eminent domain, purchase or otherwise acquire any fee, easement, or other interest in
land necessary therefore; and raise and appropriate money for the construction of said street and for
land acquisition; determine whether the money shall be provided in the tax levy,by transfer from
available funds, by borrowing, or by any combination of these methods; or act in any other manner in
relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: The road listed above was constructed under the Subdivision Control Law and
it meets or exceeds the minimum Town standard for acceptance. No appropriation is required.
ARTICLE 24 LACONIA STREET ACCEPTANCE
To see if the Town will vote to establish as a town way and accept the layout of as a town way the
unaccepted portion of Laconia Street at a distance of 2200 feet, more or less, as laid out by the
Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 5, 2004, and
to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land
necessary therefore; and raise and appropriate money for the construction of said street and for land
acquisition; determine whether the money shall be provided by the tax levy,by transfer from available
funds,by borrowing, or by any combination of these methods; or act in any other maner in relation
thereto.
(Submitted by Lawrence Fiore and nine or more registered voters)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This article has been submitted by residents of Laconia Street and adjacent
30
streets to have the unaccepted portion of Laconia Street brought up to town standard and accepted
by the Town. The total cost of bringing the street up to town standard will be borne by the
affected residents through the assessment of betterments. It is expected that the construction work
will be done in connection with the relaying of a town water line which was previously approved.
ARTICLE 25 COMMUNITY ACCESS REVOLVING FUND
To see if the Town will vote to establish a revolving fund, under section 53E 1/2 of Chapter 44 of
the Massachusetts General Laws, to receive certain revenues under cable television licenses and to
provide for necessary expenditures by the Communications Advisory Committee (CAC) for local
access public, educational and governmental (PEG) programming; or act in any other manner in
relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This article would authorize the establishment of a revolving account
exclusively for funds paid to the Town under local access programming provisions of cable
television licenses and would authorize the expenditure of the funds in this account, subject to
annual reauthorization by Town Meeting, only for support of public, educational and
governmental (PEG)programming.
ARTICLE 26 MUNICIPAL ELECTIC UTILITY PLANT
To see if the Town will appropriate a sum of money to investigate the feasibility of setting up a
municipal electric utility plant; determine whether the money shall be provided by the tax levy,by
transfer from available funds, or by any combination of these methods; vote to reconfirm the votes
taken under Article 37 of the warrant for the 1996 Annual Town Meeting and under Article 42 of the
warrant for the 1997 Annual Town Meeting endorsing the establishment of a municipal lighting and
gas plant in accordance with the provisions of Chapter 164 of the General Laws as amended from
time to time; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen at the request of the Electric Utility Ad Hoc Committee)
FUNDS REQUESTED: $150,000
DESCRIPTION: Two years ago the Board of Selectmen appointed an Electric Utility Ad-Hoc
Committee to look into a number of subjects relating to the supply of electric energy in the Town.
This article requests funds to do an in depth study of the feasibility of setting up a municipal
electric utility which ultimately could supply Town residents and businesses with a source of
power at lower rates and better reliability than presently exist.
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ARTICLE 27 ENGINEERING,ECONOMIC AND LEGAL FEASIBILITY
STUDIES FOR A LEXINGTON MUNICIPAL ELECTRIC UTILITY
To see if the Town will appropriate the sum of$150,000 to fund the engineering, economic and legal
feasibility studies for a Lexington municipal electric utility, pursuant to the vote taken under Article
13 of the warrant for the 2003 Annual Town Meeting; determine whether the money shall be provided
by the tax levy, by transfer from available funds, or by any combination of those methods; or act in
any other manner in relation thereto.
(Inserted by Patrick Mehr and nine or more registered voters)
FUNDS REQUESTED: $150,000
DESCRIPTION: This article requests the funds necessary to conduct the studies necessary to
determine the savings a future Lexington municipal electric utility will provide residents,
businesses and the Town on their electricity bills, compared with what NStar charges.
Preliminary estimates by the Electric Utility Committee indicate total savings of$6-8 million
per year, or $300 per typical household per year. The studies will be undertaken only after
enactment (expected by mid 2004) of the State legislation (House Bill H1468) making the
formation of new municipal electric utilities feasible in Massachusetts.
ARTICLE 28 RESCIND UNUSED BORROWING AUTHORITY
To see if the Town will vote to rescind the unused borrowing authority voted under Article 10 of
the Warrant for the 2000 Annual Town Meeting; or act in any other manner in relation thereto.
(Inserted by the Board of Selectman)
DESCRIPTION: Article 10 of 2000, in the amount of$85,000, was for the rehabilitation of
various water mains. The project has been completed with $1,043 remaining as debt
authorized but unissued. This article seeks to rescind that borrowing authority.
ARTICLE 29 STABILIZATION FUND
To see if the Town will appropriate a sum of money for a Stabilization Fund in accordance with
Section 5B of Chapter 40 of the General Laws, determine whether the money shall be provided by
the tax levy, by transfer from available funds, or by any combination of these methods; or act in
any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: Money may be appropriated into a stabilization fund that may be
invested and the interest may then become part of the fund. The use of these funds may
later be appropriated, by a two-thirds vote of an Annual or Special Town Meeting, for any
purpose for which the town would be authorized to borrow money under Sections 7 and 8
of Chapter 44 of the General Laws, or for any other lawful purpose.
32
GENERAL ARTICLES
ARTICLE 30 HANSCOM AIR FORCE BASE RESOLUTION
To see if the Town will vote to adopt a resolution expressing its support for Hanscom Air Force
Base and affirming its commitment to work closely with state and national officials to ensure its
continued presence in our community, or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
DESCRIPTION: Hanscom Air Force Base is currently undergoing review under the Base Re-
alignment and Closure (BRAC) process. This resolution would publicly state the
community's strong support for keeping the Base here and recognizes its important
contributions to our town and region.
ARTICLE 31 SENIOR TAX RELIEF
To see if the Town will vote to establish additional property tax exemptions authorized by the General
Laws of the Commonwealth of Massachusetts or petition the General Court for an act to provide for
additional property tax exemptions and tax deferrals for qualified seniors in order to supplement
exemptions currently allowed by special and general laws of the Commonwealth of Massachusetts; or
act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
DESCRIPTION: The Board of Selectmen has appointed a committee to explore various options
for providing tax relief to senior citizens. This article provides for obtaining an act of the General
Court to implement, if necessary, the recommendations of the committee.
ARTICLE 32 INCREASED TAX EXEMPTIONS
FOR SENIORS ON LIMITED INCOME
To see if the town will elect to establish an additional property tax exemption for fiscal year 2005 for
qualifying seniors, in accordance with Section 4 of Chapter 73 of the Acts of 1986, as amended by
Chapter 126 of the Acts of 1988, and accept said Section 4, as amended, or act in any other manner in
relation thereto.
(Inserted by Patrick Mehr and nine or more registered voters)
DESCRIPTION: This article makes it possible for Lexington to provide significant relief for
our seniors on limited incomes on their local real estate taxes as provided by current State law,
as at least eleven Massachusetts cities and towns have already done.
33
ARTICLE 33 REMOVAL AND INSTALLATION OF UTILITY POLES
To see if the Town will vote to amend the General Bylaws as follows:
(a)By adding a new §100-13 entitled"Removal and Installation of Utility Poles: as follows:
§100-13 Removal and Installation of Utility Poles
Consistent with the provisions of Section 34B of Chapter 164 of the General Laws, an electric
distribution company or telephone company engaging in the removal of an existing pole and the
installation of a new pole in place thereof shall complete the transfer of wires, all repairs and the
removal of the existing pole from the site within 90 days from the date of installation of the new pole
or within 90 days from the effective date of this bylaw,whichever is later; provided, however, that for
any approved commercial or industrial construction project,the completion of which is expected to
take longer than one year, said company shall be required to remove such pole within six months from
the date of installation of the new pole. The owner of such pole shall notify all other users of such
pole of the starting date of such removal and installation work at least 48 hours prior to the
commencement of such work, and said owner shall require all other users to remove their wiring and
other attachments from the pole in a timely manner. For the purposes of this bylaw the term"owner"
shall mean the entity owning or having majority ownership of any such pole. Violations of the terms
of this bylaw shall be punishable by a penalty of one hundred dollars for each pole for each day of
violation.
(b) By amending §1-6 of the General Bylaws (Non-Criminal Disposition)by adding thereto the
following:
Chapter 100,Public Ways and Places.
§100-13,Removal and installation of utility poles: $100 per violation;
or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen at the request of the Electric Utility Ad Hoc Committee)
DESCRIPTION: This article would add a new bylaw to deal with the proliferation of double
utility poles in the Town. At present, in many instances, current state law requiring the removal of
a double pole within 90 days is not being followed by the utility companies. The proposed bylaw
would authorize a fine for violation of the 90-day removal requirement.
ARTICLE 34 AMEND TREE BYLAW AND TECHNICAL CORRECTION
To see if the Town will vote to amend CHAPTER 120 TREES of the Code of the Town of
Lexington, the Tree Bylaw, as follows:
A. Delete subsection (2)under"C. Mitigation." of 120-8. Protected Trees and substitute
the following:
"(C) Contribution into the Selectmen's Tree Gift Account: such contribution shall be
$50 per DBH inch Protected Tree or Town Tree removed not already mitigated
as per Subsection C(1); or"
34
B. Delete Subsections "B" and"C" under 120-10. Enforcement and substitute the
following:
"B.Each instance in which a Town Tree or a Protected Tree is removed without a tree
permit shall constitute an offense under this by-law. When Town trees have been
removed without a permit, mitigation (as outlined in Section 120-8C of this by-law)
and the payment of fines (as outlined in the Fine Schedule at the end of this by-law)
shall be required.
"C. If mitigation and the payment of fines are completed in due time as determined by
the Tree Warden the project will be approved. If not completed, then each day beyond
the determined and agreed upon completion date shall constitute a new and separate
offense."
C. Add the following new section after Section 120-13:
"120-14. Funds
Collection of funds through fines or other sources under this by-law shall be deposited
into the Selectmen's Tree Gift Account. The Tree Warden with input from the Tree
Committee will request use of these funds for tree planting, transplanting, and other
tree related needs. The request to expend these funds will be approved by the Board of
Selectmen."
or act in any other matter in relation thereto.
(Inserted by the Board of Selectmen at the request of the Tree Committee)
DESCRIPTION: In 2001 the Attorney General's Office approved the newly passed Tree
Bylaw, deleting from it the establishment of a Tree Replacement Fund. The AG's Office
marked up the original Bylaw deleting most references to a Tree Replacement Fund.
Subsection (2) above is one reference to a Tree Replacement Fund which the AG's Office
missed. Item A of this Article will correct the missed deletion and reword Subsection (2).
Item B of this Article is to clarify the wording and intent. Item C of this Article adds a new
section to define the disposition of funds collected.
ARTICLE 35 MILITARY PAY ACT
To see if the Town will vote to accept Section 1 of Chapter 137 of the Acts of 2003 relating to
continuing to pay town employees called to active service in the armed forces their base salary and
benefits reduced by certain amounts received from the United States as pay or allowance for military
service, or act in any other manner in relation thereto.
(Inserted at the request of the Retirement Board)
DESCRIPTION: The acceptance of the statute would protect the salaries of certain public
employees who served or are serving in the armed forces.
35
ARTICLE 36 TRANSFER OF PROPERTY TO LEXHAB
To see if the Town will vote to authorize the Board of Selectmen to transfer the land and buildings
commonly known as 18 Banks Avenue, 8 Bruce Road, 3 Edna Street, 15 Grandview Avenue, 16
Philip Road, 6 Sedge Road, 31 Skyview Road, 3 Stedman Road, and 14 Woodland Road to the
Lexington Housing Assistance Board, Inc. ("LexHAB")for nominal consideration, or act in any other
manner in relation thereto.
(Inserted by the Board of Selectmen at the request of the Lexington Housing Assistance Board
(LexHAB))
DESCRIPTION: The properties in this article are owned by the Town of Lexington. LexHAB
manages the houses that have been built on these properties. This article will authorize the
transfer of ownership of the land and the buildings thereon to LexHAB.
ARTICLE 37 ACCEPT MGL CHAPTER 148 §2611
To see if the Town will vote to accept section 26H of Chapter 148 of the Massachusetts General Laws
relating to automatic fire sprinkler systems in certain lodging and boarding houses, or act in any other
manner in relation thereto.
(Inserted by the Board of Selectmen)
DESCRIPTION: Acceptance of this statute would require inns, hotels, motels and boarding
houses with lodging for 6 or more guests to install a compliant sprinkler system. Installation
would need to be completed within 5 years after acceptance of this statute. Currently there is
one licensed occupancy that would be impacted by the acceptance of this statute (Holiday Inn
Express on Bedford Street).
ARTICLE 38 FIRE DEPARTMENT UNDER
CIVIL SERVICE LAW
An act placing the members of the Fire Department of the Town of Lexington under Civil Service
Law.
Part 1: Notwithstanding the provisions of any general or special law to the contrary. The position of
regular or permanent firefighter for the Town of Lexington Fire Department up to but not including
the Chief of Department shall be subject to the provisions of Chapter 31 of the General Laws and the
tenure of any incumbent thereof shall be unlimited, subject to the provisions of said Chapter 31.
Part 2: Firefighter personnel of the Lexington Fire Department hired during the six(6)month period
preceding the effective date of this act shall be included as civil service employees under Chapter 31
of the General Laws subject to any applicable probationary period.
Part 3: Incumbents of the Lexington Fire Department shall not be required to pass a qualifying
examination for their current position but shall be required to pass a competitive examination under
the provisions of Chapter 31 of the General Laws to obtain a higher rank.
Part 4: Notwithstanding the provisions of any general or special law to the contrary. Current
promotional lists for the Lexington Fire Department shall remain in effect for a period of two(2)
years.
36
Part 5: Notwithstanding the provisions of any general or special law to the contrary. Members of the
Lexington Fire Department shall reside in a city or town that is within twenty five (25)miles, border
to border, of the Town of Lexington.
Part 6: This act shall take effect upon its passage.
(Inserted by Richard White, firefighter, and nine or more registered voters)
DESCRIPTION: The purpose of this article is to place the Town of Lexington Fire
Department under the provisions of civil service law. Upon its passage by Lexington Town
Meeting, it will be forwarded to the Massachusetts State House as a Home Rule Petition.
Parts two and three of this article would amend Chapter 31 of the General Laws of
Massachusetts to allow all current and active firefighters of the Town of Lexington Fire
Department, excluding the position of Chief of Department, to fall under the provisions of
Chapter 31. Parts four and five of this article would amend Chapter 31 to incorporate current
policies and contractual agreements of the Lexington Fire Department. The provisions of
Chapter 31 are the same provisions that the Lexington Police Department currently operate
under. These provisions would place the Lexington Fire Department under the same operating
guidelines as the Lexington Police Department.
ARTICLE 39 AMEND SECTION 80-8
SPECIAL PERMITS (NOISE BYLAW)
To see if the Town will vote to amend Section 80-8, Special Permits, of the Code of the Town of
Lexington, which regulates noise,by deleting the subsections A and B and substituting the
subsections A,B and C as in Attachment"A", or act in any other manner in relation thereto.
ATTACHMENT"A" - §80-8. "Special permits.
A. The Board of Selectmen, or its designees, may issue a special permit for any activity otherwise
forbidden by the provisions of this by-law. A person seeking such a permit should make a written
application to the Board of Selectmen, or designee, on the appropriate form, which shall be available
at the office of the Selectmen or its designee.
The following criteria shall be considered when deciding whether to issue a special permit:
(1) Whether the cost of compliance will cause an applicant excessive financial hardship; and
(2) Whether the proposed additional noise will have an excessive impact on neighboring citizens
B. B. The Board of Selectmen, or its designees, may issue additional guidelines defining the criteria to be
considered and the procedures to be followed in applying for a special permit.
C. An initial special permit shall remain valid for up to one year from the date it was issued. Renewal
of a special permit shall require:
1. a public hearing for review of whether the cost of compliance will cause an applicant excessive
financial hardship, and
2. Evaluation of noise data at the boundary of the property in which the offending sound source is
located.
Renewal of a special permit shall be for up to three years. Any special permit issued to the applicant
shall contain all necessary conditions to ensure minimum disturbance to the adjoining residences.
37
D.Legal Notice of the time and place of said hearing shall be given by the Board of Selectmen, at the
expense of the applicant, by publication in a newspaper of general circulation in Lexington once in
each of two successive weeks, the first publication to be not less than fourteen days before the day of
the hearing and by posting such notice in a conspicuous place in the Lexington town hall for a period
of not less than fourteen days before the day of such hearing, and by delivering or mailing a notice
thereof to the applicant,the Board of Health, the Police, Fire and Inspectional Services Departments
and the abutters within 300 feet of the lot line."
(Inserted by Julian Bussgang and nine or more registered voters)
DESCRIPTION: This warrant article proposes an amendment that would expand the current
language of the Noise Bylaw so as to formalize the process of issuing special permits for activities
that may otherwise be prohibited by the Noise Bylaw.
ARTICLE 40 AMEND SECTION 80-4G,
STATIONARY ENGINE RUN-UP (NOISE BYLAW)
To see if the Town will vote to amend Section 80-4G, Stationary engine run-up, of the Code of the
Town of Lexington,which regulates noise by deleting the subsection G and substituting the
subsection G in the Attachment"B", or act in any other manner in relation thereto.
ATTACHMENT"B" - §80-4
"Stationary engine run-up. No person shall cause, suffer, allow, or permit the unnecessary operation
of the engine of a motor vehicle while said vehicle is stopped for a foreseeable period of time in
excess of five minutes. §80-4 shall not apply to:
1. Vehicles being serviced, provided that operation of the engine is essential to the proper repair
thereof,
2. Vehicles engaged in the delivery or acceptance of goods,wares, or merchandise for which
engine assisted power is necessary and substitute alternate means cannot be made available, or
3. Vehicles engaged in an operation for which engine power is necessary for an associated power
need other than movement and substitute alternate means cannot be made available provided that
such operation does not cause or contribute to a condition of air pollution."
(Inserted by Julian Bussgang and nine or more registered voters)
DESCRIPTION: This warrant article proposes to replace the current language of the section of
the Noise Bylaw that deals with stationary engine run-up. The new language would be taken
word for word from the applicable state regulation, 310 CMR 7.11(1)(b).
38
ARTICLE 41 LONG RANGE PLANNING COMMITTEE
To amend Chapter 29 (Committees) of Part I(General ByLaws) of the Code of the Town of
Lexington, by inserting a new Article VII at the end of the current Chapter 29,with the title"Long
Range Planning Committee", with the text substantially as shown below, or act in any other manner in
relation thereto.
ARTICLE VII,Long Range Planning Committee
§29-23 Establishment
The Town shall have a committee called the Long Range Planning Committee,whose purpose shall
be to review, consider and communicate to the Town—through its officials and boards and the Town
Meeting—the impact of outstanding, anticipated and proposed financial activities of the Town within
a framework of at least five years. The Long Range Planning Committee shall consider any and all
financial questions for the purpose of making reports or recommendations thereon to the Town. Such
Committee shall consist of nine voters of good judgment. No member of the Committee shall be a
town officer or a town employee, other than town meeting member, nor shall he serve on any other
board, committee, or commission of the Town or any subcommittee appointed by any other Town
official board committee or commission except that he may serve on special committees which may
be created from time to time by vote of the town meeting when such vote expressly authorizes him to
so serve.
§29-24 Term of office; vacancies.
One-third of the members of the committee shall be appointed by the Moderator, one-third by the
Chairman of the Appropriation Committee and one-third by the Chairman of the Capital Expenditures
committee,to serve for a term of three years. The term of 1/3 of the members of the Committee shall
expire each year on the 30th day of June. The appointer or his/her successor shall promptly appoint a
successor for any member of the Committee whose term expires that year and
shall, promptly after any vacancy occurs in the Committee, appoint a successor to fill that vacancy for
the unexpired term of his predecessor.
§29-25. Officers; rules and regulations.
A. The Long Range Planning Committee shall, as soon as possible after the annual appointment of
new members to the Committee has been made, meet for the purpose of organization. They shall
elect from their membership a Chairman and a Secretary,who shall hold office until their successors
are elected. The Secretary may receive such compensation as the Committee may fix and the Town
appropriate therefore.
B. The Committee may from time to time make such roles and regulations with reference to their
meetings and the conduct of their work as they may deem best for the interests of the Town, and they
may also hold public meetings and invite any town officer, employee, citizen or person to attend, and
to give such information as he may have which will assist the Committee upon any public matter
coming before it for consideration. This Committee shall be specially charged with the duty of
making recommendations for the prudent long-range management of the financial affairs of the Town
and in discharge of this duty shall have access to any record of the Town relating thereto and the right
to interview any officer or employee of the Town in connection therewith.
39
§29-26. Distribution of warrant
The Chairman of the Board of Selectmen shall, as soon as possible after a warrant has been drawn for
a town meeting, send a copy thereof to each member of the Committee.
§29-27. Budget review
A. The Committee shall prior to each annual town meeting for the transaction of business prepare,
publish and distribute by making copies available at the office of the Town Clerk and at Cary
Memorial Library, and by mailing or otherwise distributing to each town meeting member a review of
the budget adopted by the Board of Selectmen to be considered at the Annual Town Meeting.
This review will include the Committee's advice and recommendations with reference to the various
appropriations of town funds, and other municipal matters coming before such town meeting.
B. The Committee shall at each annual town meeting explain such budget with its advice and
recommendations and it shall also at each special town meeting give its advice and recommendations
with reference to any appropriation of the town funds or other municipal matter coming before such
special town meeting.
(Inserted by Ephram Weiss and nine or more registered voters)
DESCRIPTION: This article proposes to amend Chapter 29 (Committees) of Part I(General
ByLaws) of the Code of the Town of Lexington, by inserting a new Article VII at the end of the
current Chapter 29,with the title"Long Range Planning Committee".
ARTICLE 42 PATRIOT ACT RESOLUTION
To see if the Town will vote to adopt a resolution to affirm its strong opposition to terrorism, and also
to affirm its desire that any efforts to end terrorism not be waged at the expense of the fundamental
civil rights and constitutional protections guaranteed to all Americans by the Constitution of the
United States, and to specifically call for the repeal of those portions of the U.S.A. Patriot Act, passed
in 2001, that infringe on protected rights and liberties, specifically our constitutional rights to freedom
of religion, speech, assembly and privacy, protection from unreasonable searches and seizures, our
rights to due process and equal protection, access to counsel, presumption of innocence and a fair,
speedy, and public trial, or act in any other manner in relation thereto.
(Inserted by John Sackton and nine or more registered voters)
DESCRIPTION: This warrant article calls on the Town of Lexington to join with 27 other
Massachusetts communities in passing local resolutions calling for repeal of the
unconstitutional provisions of the USA Patriot Act. The act allows the Justice Department to
conduct searches of personal financial, medical, and other information such as book store or
library records without a warrant and without judicial oversight, and makes it a crime for a
librarian to inform a patron that their reading habits are being monitored. The article puts the
Town on record against such unreasonable searches, and instructs local officials to record the
Town's opposition to actions which diminish liberties guaranteed under the Bill of Rights.
40
ARTICLE 43 USE OF FUNDS TO REDUCE THE TAX RATE
To see if the Town will appropriate a sum of money from available funds toward the reduction of
the tax rate for the fiscal year; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: Undetermined at press time
DESCRIPTION: This article requests the use of available funds--"free cash"--to reduce the
tax rate. Subject to certain adjustments, "free cash" is surplus revenue less uncollected
overdue real estate and personal property taxes from prior years.
And you are directed to serve this warrant seven days at least before the time of said meeting as
provided in the Bylaws of the Town.
Hereof fail not, and make due return on this warrant, with your doings thereon, to the Town Clerk,
on or before the time of said meeting.
Given under our hands at Lexington this second day of February, A.D., 2004.
Leo P. McSweeney, Chairman
Jeanne K. Krieger Board
Dawn E. McKenna of
William P. Kennedy Selectmen
A true copy, Attest:
George Anderson
Constable of Lexington
41
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42
TOWN MEETING MEMBERS
At Lame
Margery M. Battin 15 Paul Revere Road
Donna M. Hooper 47 Emerson Gardens
Jay R. Kaufman 1 Childs Road
Peter C.J. Kelley 24 Forest Street
Jeanne K. Krieger 44 Webster Road
William L. Lahey 22 Fair Oaks Drive
William P. Kennedy 135 Wood Street
Dawn E. McKenna 9 Hancock Street
Leo P. McSweeney 435 Lincoln Street
Precinct 1
Term Expires 2006
Joel A. Adler 22 Village Circle
Jean W. Cole 23 Whipple Road
Maria-Elena Kostorizos 20 Wheeler Road
Janet Moran 41 Bartlett Avenue
Loretta A. Moresco 1025 Massachusetts Avenue
Diane Pursley 49 Cliffe Avenue
Judith L. Zabin 1 Page Road
Term Expires 2005
Nancy M. Adler 22 Village Circle
James E. Barry 10 Crescent Hill Avenue
John C. Bartenstein 46 Sanderson Road
Mary Bowes 32 Arcola Street
Daniel P. Busa, Jr 6 Farm Road
John F. Rossi 40 Arcola Street
Albert P. Zabin 1 Page Road
Term Expires 2004
John P. Breen 8 Crescent Hill Avenue
Jonathan G. Cole 23 Whipple Road
Stephen D. Cole, Jr. 857 Emerson Gardens Road
Lillian T. MacArthur 42 Emerson Gardens
Eric Jay Michelson 16 Emerson Gardens
Barry E. Sampson 8 Brandon Street
Carol J. Sampson 8 Brandon Street
*Temple D. Goodhue 773 Massachusetts Avenue
*Iang Jeon 7 Litchfield Road
*Paul G. Topalian 46 Circle Road
44
Precinct 2
Term Expires 2006
J. Eugene Beauchemin 10 Aerial Street
Marian A. O. Cohen 8 Plymouth Road
Douglas M. Lucente 8 Great Rock Road
Michael J. O'Sullivan 12 Aerial Street
Thomas G. Taylor 64 Marrett Road
Donald D. Wilson 36 Fern Street
James S. Wilson 43 Locust Avenue
Term Expires 2005
Judith Boxer 33 Philip Road
Robert W. Cunha 10 Stevens Road
Robin B. DiGiammarino 2 Sunset Ridge
Paul H. Lapointe 224 Follen Road
Lucy Lockwood .15 Smith Avenue
Daniel A. Lucas 3 Tower Road
Christina J. Welch 41 Locust Avenue
Term Expires 2004
James L. Avery 8 Daniels Street
Barry S. Caouette 17 Richard Road
Thomas R. Diaz 10 Tower Road
Karen A. Dooks 5 Mohawk Drive
Andrew McAleer 121 Follen Road
Barry Orenstein 132 Follen Road
Joseph Walsh 19 Butler Avenue
*Allessandro A. Alessandrini 488 Massachusetts Avenue
*Kenneth M. Kreutziger 14 Tower Road
*Robert D. Warshawer 11 Tower Road
*Betsey Weiss 8 Dover Lane
Precinct 3
Term Expires 2006
Darwin Adams 8 Field Road
Samuel Berman 11 Barberry Road
Nancy A. Bryant 56A Blossomcrest Road
Jacqueline B. Davison 86 Spring Street
Richard L. Neumeier 2 Pitcairn Place
Robert Rotberg 14 Barberry Road
Reid E. Zurlo 42 Woodcliffe Road
Term Expires 2005
Nicholas A. Cannalonga 942 Waltham Street
Dan H. Fenn, Jr. 59 Potter Pond
Shirley Rauson Frawley 68 Potter Pond
William J. Frawley 68 Potter Pond
Gloria V. Holland 3 April Lane, #31
45
Arthur Katz 18 Barberry Road
David J. Kessler 20 Barberry Road
Term Expires 2004
Nancy M. Cannalonga 942 Waltham Street
Sara B. Chase 1 Grassland Street
Sherry L. Gordon 7 Stedman Road, #408
Patrick R. Mehr 31 Woodcliffe Road
Alexander E. Nedzel 4 Chadbourne Road
Mary E. Neumeier 2 Pitcairn Place
Loren Wood 14 Benjamin Road
*Benjamin C. Cohen 87 Bridge Street
*Henry S. Lau 1 Burns Road
*Richard Stephenson 98 Spring Street
Precinct 4
Term Expires 2006
Gloria J. Bloom 17 Loring Road
Stacey M. Cannon 17 Baskin Road
Peter David Enrich 35 Clarke Street
David J. Harris 5A Eliot Road
Michael J. Martignetti 17 Highland Avenue
Barrie Peltz 8 Jackson Court
Term Expires 2005
Lisa Baci 18 Fair Oaks Terrace
Timothy R. Counihan 27 Percy Road
John L. Davies 18 Prospect Hill Road
Beverly Kelley .24 Forest Street
Nicholas Santosuosso 2 Washington Street
Ruth S. Thomas 10 Parker Street
Martin K. White 50 Bloomfield Street
Term Expires 2004
Nyles Nathan Barnert 142 Worthen Road
Scott F. Burson 58 Sherburne Road South
Georgia S. Glick 21 Eliot Road
Charles W. Lamb 55 Baskin Road
Ellen Jo McDonald 50 Bridge Street
John S. Rosenberg 64 Bloomfield Street
Sandra J. Shaw 51 Wachusett Drive
Judith J. Uhrig 15 Vine Brook Road
*Robert Beckwitt 3 Eliot Road
*Norman P. Cohen 33 Forest Street#309
*Jerry L. Harris 25 Parker Street
*Cooper Toulmin 9 Kendall Road
*Steven M. Turner 260 Marrett Road
46
Precinct 5
Term Expires 2006
David E. Burns 46 Ridge Road
Todd J. Cataldo 8 Fletcher Avenue
Elaine Dratch 2 Maureen Road
Olga P. Guttag 273 Emerson Road
Gerard T. Moloney 18 Saddle Club Road
James Shaw 20 Vine Street
Sam Silverman 18 Ingleside Road
Term Expires 2005
Paul F. Barnes 500 Lowell Street
Marjorie M. Daggett 9 Burroughs Road
Anthony G. Galaitsis 7 Burroughs Road
John Hayward 358 Woburn Street
Loretta A. Porter 24 Fletcher Avenue, #1
Ephraim Weiss 462 Lowell Street
David G. Williams 1433 Massachusetts Avenue
Term Expires 2004
Ira W. Crowe 53 Woburn Street
Irene M. Dondley 22 Leonard Road
Andrew J. Friedlich 22 Young Street
Paul E. Hamburger 18 Cooke Road
Carol A. Liff 19 Douglas Road
M. Masha Traber 106 Maple Street
Charles T. Vail 66 Woburn Street
*Jeffrey J. Crampton 7 Lockwood Road
*Ann Landau 1505 Massachusetts Avenue #6
*Richard F. McDonough 83 Grant Street
*Jerold S. Michelson 3 Clyde Place
*Nancy Ann Ronchetti 344 Lowell Street
Precinct 6
Term Expires 2006
Eric H. Carlson 186 Grant St
Bebe H. Fallick 4 Diehl Road
Edmund C. Grant 27 Grove Street
Jane Pagett 10 Oakmount Circle
Edith Sandy 353 North Emerson Road
Sheldon A. Spector 26 Suzanne Road
Sheila M. Watson 5 Patriots Drive
Term Expires 2005
Marshall J. Derby 23 Suzanne Road
Jonathan A. Himmel 66 Hancock Street
Morton G. Kahan 44 Hancock Street
David L. Kaufman 152 Burlington Street
47
Dana Z. Wendel 126 Grant Street
Robert V. Whitman 5 Hancock Avenue
Term Expires 2004
Florence A. Baturin 11 Alcott Road
Paul Chernick 14 Somerset Road
Peter D. Cohen 5 Diehl Road
Gerald A. Lacey 18 Meriam Street
Alan J. Lazarus 22 Woodland Road
Frank Sandy 353 North Emerson Road
Thomas M. Zimmer 48 Hancock Street
*Mark D. Barons 4 Bowser Road
*Arthur Gingrande 4 Mead Circle
*Trisha P. Kennealy 4 Brent Road
*Richard Pagett 10 Oakmount Circle
*Deborah Strod 10 Thoreau Road
Precinct 7
Term Expires 2006
Marsha E. Baker 46 Burlington Street
Steven L. Colman 63 Fifer Lane
Robert G. Coyne 2 Heritage Drive
Ann L. Gilbert 323 Bedford Street
Fred H. Martin 29 Dewey Road
James C. Wood, Jr. 51 Gleason Road
Alan A. Wrigley 205 Grove Street
Term Expires 2005
Deborah J. Brown 47 Robinson Road
Thomas V. Griffiths 7 Volunteer Way
Philip K. Hamilton 2 Grove Street
Karl P. Kastorf 545 Bedford Street
Wendy C. Rudner 18 Pine Knoll Road
John E. Taylor 11 Linmoor Terrace
Martha C. Wood 51 Gleason Road
Term Expires 2004
George A. Burnell 4 Eaton Road
Patricia Elen Costello 9 Preston Road
Margaret Counts-Klebe 94 Winter Street
David G. Kanter 48 Fifer Lane
Joyce A. Miller 23 Fifer Lane
Jane A. Trudeau 7 Volunteer Way
*William E. Cole 29 Robinson Road
*Catherine Woodward Gill 43 Bertwell Road
*Sheryl T. Mason 33 Robinson Road
48
Precinct 8
Term Expires 2006
Richard H. Battin 15 Paul Revere Road
Larry Belvin 10 Denver Street
Anne Frymer 64 Asbury Street
Ingrid H. Klimoff 75 Reed Street
Robert E. Phelan 152 Reed Street
Shirley H. Stolz 2139 Massachusetts Avenue
Carolyn H. Tiffany 109 Reed Street
Term Expires 2005
Roger F. Borghesani 24 Hastings Road
Margaret Bradley 48 Bellflower Street
Florence E. Connor 12 Cedar Street
Lorraine Fournier 24 Cedar Street
Charles Hornig 75 Reed Street
Stewart G. Kennedy 38 Liberty Avenue
Richard A. Michelson 54 Asbury Street
Term Expires 2004
Elizabeth J. Bryant 18 Liberty Avenue
John T. Cunha 11 Homestead Street
Diana T. Garcia 3 Gerard Terrace
Thomas M. Harden 32 Hill Street
David C. Horton 68 Paul Revere Road
Alan Mayer Levine 54 Reed Street
James A. Osten 8 Revere Street
*Richard D. Beamon 20 Vaille Avenue
*Melinda M. Walker 14 Larchmont Lane
Precinct 9
Term Expires 2006
Narain D. Bhatia 8 Nickerson Road
Richard L. Canale 29 Shade Street
Helen L. Cohen 32 Patterson Road
Susan A. Elberger 10 Ellison Road
Janet M. Perry 16 Ellison Road
Janet H. Post 33 Fairbanks Road
Fred D. Rosenberg 76 Wood Street
Term Expires 2005
Alice J. Adler 10 Nickerson Road
Mary E. Donahue 3 Crosby Road
Emily R. Donovan 110 Wood Street
Janice A. Kennedy 135 Wood Street
Wendy Manz 14 Ellison Road
Richard Schaye 7 Jean Road
49
Term Expires 2004
Victoria Lawrence Blier 41 Shade Street
Anthony B. Close 174 Wood Street
Rodney Cole 80 School Street
Margaret E. Coppe 12 Barrymeade Drive
Thomas 0. Fenn 15 Shade Street
Hank Manz 14 Ellison Road
Francine Stieglitz 3 Amherst Street
Dorris P. Traficante 16 Fairbanks Road
*Anne W. LoRusso 200 Lincoln Street
*John Mazerall 40 Wood Street
*Michael E. Schroeder 2 Welch Road
50
TOWN FINANCE TERMINOLOGY
The following terms are frequently used in the annual town report and at the town meeting. In
order to provide everyone with a better understanding of the meaning, the following definitions
are provided.
AVAILABLE FUNDS - "FREE CASH"
The amount certified annually by the Bureau of Accounts, Department of Revenue. The certified
amount is the Unreserved Fund Balance less all outstanding taxes. This fund may be used by a
vote of the town meeting as available funds for appropriation.
AVAILABLE FUNDS - OTHER
Usually refers to balances in special funds or to balances remaining in specific articles previously
appropriated. These balances become available for re-appropriation by Town Meeting (or are
returned to the town's general fund balance).
"CHERRY SHEET"
A financial statement issued by the State on cherry-colored paper that itemizes state aid due to the
town, and charges payable by the town to the state and county. The assessors need the Cherry
Sheet to set a tax rate.
ENTERPRISE FUND
A self-supporting account for a specific service or program that the town operates as a separate
"business." Enterprise funds do not depend on taxes for operating revenue. For example, water
operations are funded through the water enterprise fund, which receives funds from a consumption
based fee system. Ideally, enterprise resources and expenditures should balance over time. Funds
in enterprise accounts do not revert to the general fund at the end of the fiscal year.
OVERLAY
The overlay is the amount raised by the Assessors in excess of appropriations and other charges
for the purpose of creating a fund to cover abatements granted by the Board of Assessors.
RESERVE FUND
This appropriation is voted at the annual town meeting in an amount not to exceed 5% of the tax
levy of the preceding year. Transfers from the reserve fund are approved by the Appropriation
Committee and may only be used for "extraordinary or unforeseen expenditures."
51
ELECTION INFORMATION
Presidential Primary and Local Election - Tuesday, March 2, 2004
Polling Hours - 7 a.m. to 8 p.m.
Polling Locations
Precinct 1 Harrington School, Maple and Lowell Streets
Precinct 2 Bowman School, Philip Road
Precinct 3 Jonas Clarke Middle School, Stedman Road (off Waltham Street via
Brookside Avenue)
Precinct 4 Bridge School, Middleby Road
Precinct 5 Fiske School, Colony Road
Precinct 6 Diamond Middle School, enter off Hancock Street at Burlington Street
traffic circle
Precinct 7 Estabrook School, Grove Street near Route 128
Precinct 8 Fire Headquarters Building, Bedford Street at Worthen Road
Precinct 9 Maria Hastings School, Crosby Road (off Massachusetts Avenue near
Route 128)
For further information, call the Town Clerk's Office 862-0500, Ext. 270.