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1993-03-01-TE-Warrant-and-1993-03-29-ATM-Warrant
Local Election March 1, 1993 TOWN OF LEXINGTON WARRANT to the 1993 ANNUAL TOWN MEETING 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. APPROPRIATION An authorization granted by the Town Meeting to make expenditures and to incur obligations for specific purposes. Appropriations for any expenditures are limited in dollar amount and time. 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." TABLE OF CONTENTS Page Town Finance Terminology Inside Front Cover Board of Selectmen's Message 3 FY 94 Appropriation/Revenue History 5 FY 93 Appropriations and FY 94 Proposed 6 WARRANT FOR TOWN MEETING Article 1 Elections 7 Article 2 Reports of Town Boards, Officers, Committees 8 Article 3 Appointments to Cary Lecture Series 8 FINANCIAL ARTICLES Article 4 Operating Budget 9 Article 5 Supplementary Appropriations for Current Fiscal Year (FY 93) 14 Article 6 Prior Years' Unpaid Bills 14 Article 7 Supplementary Appropriations for Authorized Capital ImprovementProjects 14 PUBLIC WORKS Article 8 Water Mains 15 Article 9 Public Works Equipment 15 Article 10 Street Improvements 16 Article 11 Sanitary Sewers 16 Article 12 Infiltration Removal 17 Article 13 Intermunicipal Agreement with Bedford 17 Article 14 NESWC 17 OTHER FINANCIAL Article 15 Pine Meadows Master Plan and Reconstruction of Hole #5 18 Article 16 Pine Meadows Maintenance Equipment 18 Article 17 Rehabilitation of Center Pool Complex 19 Article 18 Playground Equipment and Improvements 19 Article 19 Miscellaneous School Article 19 Article 20 Facilities Study/School and Town Buildings 20 Article 21 Muzzey Condo Repair 20 Article 22 Brook Cleaning 21 Article 23 Generic Environmental Impact Report Hanscom Field 21 1 CONSERVATION AND PLANNING BOARD Article 24 Zoning By-Law/Golf in Residential Zoning Districts 22 Article 25 Zoning By-Law/Jumbo House Setbacks 22 Article 26 Zoning By-Law/Minor Revision Procedure 23 Article 27 Zoning By-Law/Disabled Persons 24 Article 28 Zoning By-Law/Drainage 24 Article 29 Zoning By-Law/CM to RD, Maguire Road 25 Article 30 Zoning By-Law/RO to RD, Lowell Street 26 Article 31 Zoning By-Law/CM to CD, Westview Street 26 GENERAL ARTICLES Article 32 Amend General By-Laws/Surface Water Disposal 27 Article 33 Amend General By-Laws/Public Ways and Places 28 Article 34 Amend General By-Laws/Sale of Tobacco to Minors 28 Article 35 Early Retirement 30 Article 36 Amend General By-Laws/Bicycle Helmets 30 Article 37 Amend General By-Laws/Appropriation Committee Report 31 Article 38 Marrett Road/Route 2A Resolution 31 Article 39 Release of Easement/John Benson Road 32 Article 40 Bowman School Property for LexHAB 32 Article 41 Amend Quitclaim Restrictions/Muzzey Condos 32 Article 42 Bike Path 33 Article 43 Use of Funds to Reduce Tax Rate 34 List of Town Meeting Members 35 Map 40 Election Information 42 Calendar of Events 43 2 To the Residents of Lexington: The Warrant provides notification of the 1993 Annual Town Meeting and advises residents of the various issues being considered at the meeting. Only articles listed in the Warrant can be discussed. The Warrant includes the Town Manager's Proposed Budget for Fiscal Year 1994. The Town Manager submitted the proposed budget for FY 94 to the Selectmen for their review on December 29, 1992. Generally, the proposed budget includes funds for the operation and maintenance of municipal government including schools. The Board is deliberating on a number of budget issues and will present specific budget recommendations during Town Meeting. The Board has targeted a number of areas within the Town Manager's budget for policy deliberations. For the past five years, the Town Meeting has had difficulty balancing budgets with the revenue available. Unusually high balances of Free Cash were allocated to meet budget demands even though Free Cash is a savings account as opposed to a recurring source of revenue. In FY 89, $5.7 million; in FY 90, $3.4 million; in FY 91, $2.8 million; in FY 92, $2.5 million; in FY 93, $377,625 in Free Cash was spent and $377,625 is proposed to be spent in FY 94. There was less Free Cash available each year leading up to FY 93. Appropriating large sums from a revenue source that cannot be replenished has created problems for the Town and is the primary reason for the last two general referendum overrides of Proposition 2 1/2. FY90-94 REVENUE TREND $18-' $16,150,294 $16 $1Z089,140 VA 1.7E,7 o $10 _ 8 ,. $ $2 \ff-z $ FY90 FY91 FY92 FY93 FY94 I® State Aid 11111 Free Cash 11 Local Receipts I 3 The Board is reviewing the following municipal budget recommendations: FY 93 Appropriated FY 94 Proposed Town Payroll $ 9,394,225 $ 9,335,954 The FY 94 budget for town payroll as submitted by the Town Manager proposes less than a 1% increase. The proposed total number of budgeted positions is reduced by 11, a 4% reduction in the town's work force. Reductions in Fire and Public Works have been proposed. In addition, the Manager's FY 94 budget recommends $250,000 to provide for salary increases for union and non-union employees. Insurance Expenses $4,524,269 $5,238,169 The cost of health insurance has increased dramatically during the last six budget years and is expected to increase by 15.78% in FY 94. The insurance appropriation in FY 88 was $2.3 million. The town pays 75% of the employee health insurance premium. 907 active employees and 447 retirees are insured by the town. 70% or $3,666,718 of the insurance budget directly supports school programs and personnel. Public Schools $28,476,431 $28,902,506 The School Superintendent has submitted a budget that proposes a $1,376,211 or a 4.8% increase in FY 94. The proposed budget is $950,136 less than the Superintendent's requested amount. The Town Manager's proposed budget raises several issues for the community. A table of contents is provided for easy reference. The articles are grouped by topic and a brief description for each article is provided to make the Warrant useful and understandable. A map shows locations of proposed public works and special projects. In addition to the Warrant, the Town Manager's proposed budget will be mailed to all Town Meeting Members prior to the start of Town Meeting. The Board of Selectmen is still considering the Town Manager's proposed reductions in Fire and Public Works programs. As always, the Board of Selectmen encourages your comments relating to this year's proposed Town Meeting Warrant. BOARD OF SELECTMEN Jacquelyn R. Smith, Chairman Paul W. Marshall William J. Dailey, Jr. Leo P. McSweeney 4 APPROPRIATION/REVENUE HISTORY FY 91 FY 92 FY 93 FY 94 APPROPRIATIONS APPROP. APPROP. APPROP. PROPOSED Personal Services $9,420,620 $9,828,364 $9,394,225 $9,335,954 Expenses 13,123,000 13,148,298 13,782,844 15,275,904 Articles&Capital Improvements 1,192,763 640,000 435,076 n/a Pine Meadows Debt 1,822,000 1,756,000 1,667,538 1,591,082 Total Town .:i:,-..:!':$25,558,383,:::).::...::$25,372,662:.. ::::$:25,219,683.. "$26,202,9 Public Schools $27,377,566 $28,272,966 $28,476,431 $28,902,506 Regional Vocational 710,652 528,647 550,803 660,964 Education 8 088'218 ' 28"801'611.,.:..:.:a.$29 027 234;." ...1..: 29'5634470 Total $2.:.a.:::...a:... ... $ :a : :t.; ,,.: :::;: .::.z . :,.. Water Enterprise $2,700,496 $3,653,244 $3,846,449 $4,409,932 Sewer Enterprise 2,866,631 3,449,340 5,090,792 6,122,563 Recreation Enterprise 768,428 773,902 942,038 959,655 W&S&Rec. Enterprise Articles 178,000 472,000 435,000 1,577,500 Total Enterprise $6;513;555:::<`. $8,348,486 $10,31.4,279. $13,069,650; Total Appropriations $60,160,156 $62,522,761 $64,621,196 $68,836,060 Assessments &Overlay ,:,;;:;::::2,246;653 . :: ;:.":.;:2,303,463:; 3;321,637;;;:;;:::;;;:;::;::':::2;799:,977;:: Gross Amount to be Raised $62,406,809 $64,826,224 $67,942,833 $71,636,037 REVENUE Est. Receipts-Cherry Sheet $4,979,347 $4,106,052 $4,576,271 $4,576,271 Local Rev. Estimates 4,899,860 5,443,892 4,830,742 4,930,742 Use of Available Funds 3,743,302 3,447,000 853,713 853,713 Enterprise Revenues 5,567,127 7,102,584 8,937,241 10,532,495 Recreation Enterprise 718,428 773,902 942,038 959,655 Enterprise Articles 178,000 472,000 435,000 1,577,500 Non-Tax Levy Revenue $2.Q;Q86,064 $21345;430.:... $20,575,005' $23;430,.376' Last Year's Levy Limit 38,162,297 40,498,745 41,724,794 45,700,290 Allowable 2 1/2% Increase 954,057 1,012,469 1,043,120 1,142,507 Allowable New Construction 284,562 213,580 214,284 200,000 Voter Approved Override 1,097,829 n/a 2,718,092 n/a Levy Limit ''$40 498 745_ ;:::$41,724,794 . . $45,700,290 $47,042,797 Debt Exclusion ':.:i:$1;$22,000:::,::::::.:$1 756;000 :$1,667,.m- : $I 591,082:.. Total Revenue $62,406,809 $64,826,224 $67,942,833 $72,064,255 5 FY 93 Appropriated Town 3g.1% .... 4. / . , s ADM ''%r4 r , Enterprise 16.0% School 44.9% FY 94 Proposed Town 38.1% Audoso -; hay T"7----v-----7:1:,Lirms=s'-_ ° Enterprise 19.0/° School 42.9% id,�a�r, 6 TOWN WARRANT TOWN OF LEXINGTON ANNUAL TOWN MEH i ING 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, LEXINGTON HIGH SCHOOL; PRECINCT FIVE, CARY MEMORIAL BUILDING; PRECINCT SIX, WILLIAM DIAMOND MIDDLE SCHOOL; PRECINCT SEVEN, ESTABROOK SCHOOL; PRECINCT EIGHT, FIRE HEADQUARTERS BUILDING; PRECINCT NINE, MARIA HASTINGS SCHOOL, on Monday, the first day of March, 1993, 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 terms of three years; One Moderator for a term of one year; One member of the School Committee for a term of three years; One member of the Planning Board for a term of five years; One member of the Lexington Housing Authority for a term of two years; Eight Town Meeting Members in Precinct One, 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, 1994; Seven Town Meeting Members in Precinct Two, the seven receiving the highest number of votes to serve for terms of three years; Eight Town Meeting Members in Precinct Three, 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, 1995; Nine 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, 1995; and the one receiving the next 7 highest number of votes to fill an unexpired term ending March, 1994; Eight Town Meeting Members in Precinct Five, 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, 1995; Seven Town Meeting Members in Precinct Six, the seven receiving the highest number of votes to serve for terms of three years; 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; Seven Town meeting Members in Precinct Nine, the seven receiving the hightest number of votes to serve for terms of three years. To vote YES or NO by ballot on the following non-binding question: QUESTION: Shall the Lexington School Committee continue its policy of providing condoms to students at Lexington High School without parental permission? YES NO The polls will be open at 7:00 a.m. and will remain open until 8:00 p.m. You are also to notify the inhabitants aforesaid to meet in Cary Memorial Hall 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 which provides for the appointment of three citizens to the Cary Lecture Series by the Moderator. 8 FINANCIAL ARTICLES ARTICLE 4 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 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) FY92 FY93 FY94 PROGRAM Expended Appropriation Proposed 1000 Education Lexington Public Schools $28,330,828 $28,476,431 $28,902,506 Regional School 528,647 550,803 660,964 Total Education 2000 Shared Expenses Emolovee Benefits Contributory Retirement $2,241,532 $2,166,058 $2,228,728 Non—Contributory Retirement 171,150 160,000 160,000 Insurance 4,743,532 4,524,269 5,238,169 Unemployment Benefits 131,065 100,000 75,000 $7,287,279 $6,950,327 $7,701,897 Debt Service Payment of Funded Debt $1,077,250 $1,163,500 $1,407,250 Interest on Funded Debt 662,931 664,680 586,504 Temporary Borrowing 99,185 25,000 100,000 Exempt Debt 1,743,494 1,667,538 1,591,082 $3,582,860 $3,520,718 $3,684,836 Oneratine Articles Reserve Fund n/a $250,000 $200,000 Municipal Salary Adjustments n/a 58,273 250,000 n/a $308,273 $450,000 Total Shared Expenses $10870,18:: ' $10379f;318;!;:: ; 1183673 <; 9 FY92 FY93 FY94 PROGRAM Expended Appropriation Proposed 3000 Community Services DPW Personal Services $2,498,437 $2,277,871 $2,108,019 DPW Expenses 2,887,797 3,479,894 3,441,916 Water Enterprise 2,583,857 3,846,449 4,409,932 Sewer Enterprise 2,819,503 5,090,792 6,122,563 Total Community Services $10,789,594 $14,695,006 $16,082,430 4000 Public Safety Dispatching Services Combined Dispatch P.S. $160,387 $165,199 $167,677 Combined Dispatch Expenses 0 0 15,000 $160,387 $165,199 $182,677 Law Enforcement Police Dept. Personal Services $2,275,601 $2,167,742 $2,398,642 Police Dept. Expenses 286,608 298,620 268,650 $2,562,209 $2,466,362 $2,667,292 Fire Services Fire Dept. Personal Services $2,234,616 $2,344,303 $2,160,342 Fire Dept. Expenses 224,898 150,759 172,556 $2,459,514 $2,495,062 $2,332,898 Total Public Safety $5,182,110.. $5,126,623 $5,182,867 5000 Culture and Recreation Library Services Cary Library Personal Services $925,397 $949,509 $947,669 Cary Library Expenses 229,071 215,599 223,819 $1,154,468 $1,165,109 $1,171,488 Recreation Enterprise Personal Services $281,982 $324,711 $335,038 Expenses 312,112 617,327 624,617 $594,094 $942,038 $959,655 Celebrations Committee $9,695 $9,506 $12,506 LEXPRESS $181,698 $226,477 $255,850 Total Culture & Recreation $1,939,955 $2,343,130 $2,399,499.. 10 FY92 FY93 FY94 PROGRAM Expended Appropriation Proposed 6000 Human Services Council on Aging Council on Aging Personal Services $75,976 $78,346 $84,726 Council on Aging Expenses 92,666 97,978 98,468 $168,642 $176,324 $183,194 Veterans Veterans' Administration $19,402 $19,908 $19,812 Veterans' Expenses 45,148 50,393 40,455 $64,550 $70,301 $60,267 Preventive Services Services for Youth 67,900 66,542 60,000 Service to Developmentally Disabled 10,670 10,457 10,457 $78,570 $76,999 $70,457 Total Human Services $311,762 . . $323,624 $313,918 7000 Insp. Services/Comm. Dev. Building Inspection Personal Services $154,843 $140,369 $161,140 Expenses 4,010 4,098 4,300 Board of Appeals Personal Services $24,659 $25,182 $25,179 Expenses 716 730 730 Conservation Personal Services $60,895 $55,612 $56,181 Expenses 10,194 7,708 6,480 Historic Districts Comm. Personal Services $0 $0 $0 Expenses 2,241 2,750 3,150 Public Health Personal Services $101,511 $95,120 $95,391 Expenses 18,734 22,824 22,984 Nursing Services Expenses 4,859 7,500 7,500 Animal Control/Rabies Clinic Personal Services $24,970 $25,499 $25,398 Expenses 4,384 8,974 9,224 $412,016 $396,366 $417,657 11 FY92 FY93 FY94 PROGRAM Expended Appropriation Proposed Community Development Planning Personal Services $108,222 $121,533 $114,447 Planning Expenses 6,169 6,450 6,600 $114,391 $127,983 $121,047 Total Insp.Services/Comm.Dev. $526,407 $524,349 °' `' $538,704 8000 General Government Executive Board of Selectmen Personal Services $47,719 $30,387 $30,502 Expenses 9,185 11,050 10,600 Town Manager Personal Services 212,543 195,793 189,758 Expenses 9,359 11,085 14,056 Town Manager's Jurisdiction Personal Services 28,914 46,353 52,900 Expenses 124,593 131,380 138,470 Town Report 4,382 4,800 4,800 $436,695 $430,848 $441,086 Legislative Appropriation Committee $650 $735 $735 Misc. Boards & Committees 4,613 6,075 6,075 $5,263 $6,810 $6,810 Finance Comptroller Personal Services $196,531 $179,042 $158,991 Expenses 80,079 76,359 127,777 Revenue Personal Services 122,337 105,540 58,323 Expenses 9,921 13,880 14,425 Assessors Personal Services 127,934 134,148 136,349 Expenses 3,378 4,990 3,750 Data Processing Expenses 38,636 34,300 37,500 $578,816 $548,259 $537,115 12 FY92 FY93 FY94 PROGRAM Expended Appropriation Proposed Staff Legal Fees & Expenses $249,983 $185,000 $185,000 Town Clerk Personal Services 106,509 103,393 103,276 Expenses 1,900 2,500 2,630 Board of Registrars Personal Services 1,712 1,806 1,825 Expenses 10,295 28,950 24,350 Elections Personal Services 33,163 38,321 20,922 Expenses 16,833 21,025 17,925 $420,395 $380,995 $355,928 Total General Government $1441' 169<:: ;><; $1366;812. X1,340,939 DESCRIPTION: This article requests funds for the Fiscal Year 1994 (July 1, 1993 - June 30, 1994) operating budget. The operating budget includes the school and municipal budgets, including water, sewer and recreation operations and also including requests for funds to provide salary increases for general government employees, unemployment compensation, the reserve fund, and the municipal parking lot operation (previously carried in separate articles). The municipal budget also includes certain school costs. These are primarily the costs of health insurance for school employees, 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 FY92 expenditures, FY 93 appropriations and FY 94 proposed. At press time the Selectmen were still reviewing the Town Manager's proposed budget. 13 ARTICLE 5 SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR (FY 93) 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 1992 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: None at press time. DESCRIPTION: This is an annual article to permit adjustments to current fiscal year (FY 93) expenditures. ARTICLE 6 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 7 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: None at press time. 14 DESCRIPTION: This is an annual article to request funds for capital improvemeth project expenditures which exceed the level of appropriation. At this time it is not anticipated that additional funds will be requested. DPW ARTICLES ARTICLE 8 WATER MAINS 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: $1,190,000 DESCRIPTION: This article requests funds for three separate water main improvement projects. $250,000 is requested to fund the 10th phase of a 20 phase program to replace or reline heavily tuberculated water mains to improve water quality and flow. $800,000 is requested to replace defective pipe in Pleasant and Walnut Streets. $140,000 is requested to replace defective pipe in Bartlett Avenue. ARTICLE 9 PUBLIC WORKS EQUIPMENT To see if the Town will appropriate a sum of money for the purchase of equipment for the Department of Public Works; determine whether the money shall be provided by the tax levy, by transfer from available funds, including any special water, sewer, or recreation funds, or 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: $253,000 DESCRIPTION: This article requests funds for new and replacement public works equipment. Of the funds requested, $173,000 is requested from the tax levy, $80,000 from water and sewer enterprise revenues for a front end loader. 15 ARTICLE 10 STREET IMPROVEMENTS To see if the Town will appropriate a sum of money for highway improvements under the authority of Chapter 90 of the General Laws and any other applicable law; determine whether the money shall be provided by the tax levy, by transfer from available funds, or 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 projects; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $632,000 DESCRIPTION: This article authorizes the Town to use its funds in conjunction with state funds for improving and upgrading streets within the Town. The Town has a continuing 20 year street improvements program that includes cold planing, crack sealing, and resurfacing. Of the funds requested, $132,000 is recommended from the tax levy and $500,000 from anticipated state Chapter 90 funds. ARTICLE 11 SANITARY SEWERS To see if the Town will vote to install sewer mains and sewerage systems in such accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof, 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 sewer 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 sewer projects; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $210,000 DESCRIPTION: This article requests funds for two separate sewer replacement projects. $160,000 is requested for the replacement of defective pipe in Bartlett Avenue. $50,000 is requested for the replacement of defective pipe in Vine Brook Road. 16 ARTICLE 12 INFILTRATION REMOVAL To see if the Town will appropriate a sum of money to remove infiltration of ground water from the sewer system; 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; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $350,000 DESCRIPTION: Funds are requested in this article for Phase 2 of sewer system infiltration removal. It is expected that the MWRA will establish a financial assistance program for member communities to assist in the removal of previously identified sources of infiltration. ARTICLE 13 INTERMUNICIPAL AGREEMENT WITH BEDFORD To see if the Town will vote to authorize the Board of Selectmen to enter into an agreement with the Town of Bedford to furnish water through facilities located in Lexington; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None DESCRIPTION: The Selectmen are requesting authorization of the Town to enter into an agreement with the Town of Bedford to supply and sell water on such terms as they may determine. Bedford was recently approved for MWRA membership. Approval of a long-term water purchase agreement would avoid construction through Lexington. ARTICLE 14 NESWC To see if the Town will appropriate a sum of money to fund an arbitration award granted to Massachusetts Refusetech, Inc.; 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; authorize the Board of Selectmen to petition the General Court for an act to permit borrowing for a period in excess of one year; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $443,276 DESCRIPTION: This article requests funds to reimburse the current Public Works Budget for the Town's share of an arbitration award granted to Massachusetts Refusetech, Inc. The Town paid its share from available funds in order to avoid being charged interest at the rate of 12 percent. The Town intends to borrow the funds and will request special legislation to permit it, if necessary. 17 OTHER FINANCIAL ARTICLE 15 PINE MEADOWS MASTER PLAN AND RECONSTRUCTION OF HOLE #5 To see if the Town will appropriate a sum of money to hire a golf course landscape architect to prepare a master plan for the golf course and prepare plans for the reconstruction of hole #5; determine whether the money shall be provided by the tax levy, by transfer from available funds, including the recreation enterprise fund, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of the Recreation Committee) FUNDS REQUESTED: $50,000 DESCRIPTION: This article requests recreation enterprise funds to hire a professional golf course landscape architect to develop a master plan for the golf course. It is felt that a plan is needed to better anticipate future improvements at the course. The course was built in the early 1950's. Course demands have changed dramatically since then. Projects relating to drainage, player safety, parking, turf growth, and aesthetics have become important issues in planning for the future of the course. The first priority of this master plan will be to rebuild green number five. Maintaining a good healthy turf on this hole has been difficult. Low cost solutions have not worked, thus the reconstruction of this green is recommended. ARTICLE 16 PINE MEADOWS MAINTENANCE EQUIPMENT To see if the Town will appropriate a sum of money to purchase maintenance equipment for the golf course; determine whether the money shall be provided by the tax levy, by transfer from available funds, including the recreation enterprise fund, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of the Recreation Committee) FUNDS REQUESTED: $30,000 DESCRIPTION: This article requests recreation enterprise funds to purchase one work vehicle (Cushman or Toro truckster) with a hydraulic bed, sprayer and vicon spreader. This vehicle is used for general course maintenance including spraying, fertilizing and top dressing. It will replace a 1978 Cushman truckster and support the 1981 Cushman truckster. One Cushman GA60 greens aerator is also requested for aerating greens and fairways. This will support a 1985 Ryan Greensaire II. 18 ARTICLE 17 REHABILITATION OF CENTER POOL COMPLEX To see if the Town will appropriate a sum of money to rehabilitate the Center Pool Complex; determine whether the money shall be provided by the tax levy, by transfer from available funds, including the recreation enterprise fund, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of the Recreation Committee) FUNDS REQUESTED: $50,000 DESCRIPTION: This article requests funds to make repairs to the center pool complex. A pool consultant has been hired to evaluate the condition of the facility, make recommendations and set priorities. This report, detailing the recommendations, will be available in late spring. ARTICLE 18 PLAYGROUND EQUIPMENT AND IMPROVEMENTS To see if the Town will appropriate a sum of money to make improvements at selected playgrounds; determine whether the money shall be provided by the tax levy, by transfer from available funds, including the recreation enterprise fund, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of the Recreation Committee) FUNDS REQUESTED: $50,000 DESCRIPTION: This article requests funds to make improvements at Garfield, Valleyfield and Justin playgrounds. These play areas are in neighborhoods with a large youth population and have been identified by the committee to be those play areas that need attention. New play apparatus and surface materials will be selected so that the play facilities are in conformance with ADA regulations. ARTICLE 19 MISCELLANEOUS SCHOOL ARTICLE To see if the Town will appropriate a sum of money to remodel, reconstruct and make extraordinary repairs to school buildings and purchase additional equipment therefor; 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 by the School Committee) FUNDS REQUESTED: $445,860 19 DESCRIPTION: This article requests funds to enable the School Department to continue the Capital Renovation Project started three years ago. Funds will be used for remodeling, reconstructing and making extraordinary repairs to school buildings including installation of an elevator at the Maria Hastings Elementary School, handicap access throughout the school system, window and sill replacements at the Clarke Middle School, noise abatement at Lexington High School, and an emergency generator installation at the Maria Hastings Elementary School. ARTICLE 20 FACILITIES STUDY/ SCHOOL AND TOWN BUILDINGS To see if the Town will appropriate a sum of money for architectural and engineering services in order to determine the physical plant needs of all town and school buildings; 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 by the School Committee) FUNDS REQUESTED: $200,000 DESCRIPTION: The facility study will provide an on-site evaluation of all buildings and facilities by a registered architect and engineer who possess sufficient background in educational facilities studies. The final report will provide the potential design options, preliminary cost estimates, as well as estimated time schedules. ARTICLE 21 MUZZEY CONDO REPAIR To see if the Town will appropriate a sum of money to fund repairs at Muzzey High Condominium, located at 1475 Massachusetts Avenue; 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 Susan M. Hartery and nine or more registered voters) FUNDS REQUESTED: Unknown at press time. 20 DESCRIPTION: The Town voted at a Special Town Meeting held on February 14, 1983, to deed the school at that location to a developer for conversion to affordable housing, and the Town has been involved in the construction, renting, and administration of this condominium since that vote. Numerous and serious construction defects in the conversion of Muzzey have caused condominium unit owners to pay costs far in excess of those predicted and advertised in 1983, and more such excessive costs are expected to be incurred in the future. This article requests funds both to reimburse current unit owners for their repair and related costs incurred because of construction defects in the building's conversion to condominiums, and to help pay for future repairs necessitated by such construction defects. ARTICLE 22 BROOK CLEANING To see if the Town will appropriate a sum of money to clean and maintain streams and brooks in the Town; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of the Conservation Commission) FUNDS REQUESTED: Unknown at press time. DESCRIPTION: This article requests funds to provide for a brook cleaning and maintenance program which will comply with the Massachusetts Wetlands Protection Act. A priority list for work to be done will be established upon the completion of the Brook Cleaning and Maintenance Program Study which will provide a framework for making these decisions. It is anticipated that the Study will be completed by the end of March. ARTICLE 23 GENERIC ENVIRONMENTAL IMPACT REPORT HANSCOM FIELD To see if the Town will appropriate a sum of money to provide technical assistance to the Board of Selectmen in order to assist in the preparation of a Generic Environmental Impact Report on Hanscom Field; determine whether the money shall be provided by the tax levy or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Carolyn H. Tiffany and nine or more registered voters) FUNDS REQUESTED: Unknown at press time. 21 DESCRIPTION: This article asks for funds to provide technical assistance to the Town in responding to the Generic Environmental Impact Report (G.E.I.R.) recently undertaken by Massport at Hanscom Field. This document consists of technical environmental studies that provide baseline data for airport planning. CONSERVATION AND PLANNING BOARD ARTICLE 24 ZONING BY-LAW/ GOLF IN RESIDENTIAL ZONING DISTRICTS To see if the town will vote to amend the Zoning By-Law, in Section 4.2, Permitted Uses and Development Standards, Table 1, Part A Residential, Institutional, Agricultural Uses, line 4.11, by deleting the present wording and substituting the following: "4.11 privately owned for profit recreational facility for tennis or swimming, or golf course, standard or par three"; or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: The present Zoning By-Law allows "privately owned for profit recreational facilities for golf, tennis or swimming" in residential zoning districts with the issuance of a Special Permit by the Board of Appeals. The question has arisen as to whether the word "golf' includes golf driving ranges, miniature golf courses, and indoor computer simulated golf. The proposed amendment clarifies the Planning Board's view that only standard or par three golf courses should be permitted in residential zoning districts. A suitable definition for standard and par three golf courses is already in the Definitions section of the Zoning By-Law. ARTICLE 25 ZONING BY-LAW/JUMBO HOUSE SETBACKS To see if the town will vote to amend the Zoning By-Law in Table 2, Schedule of Dimensional Controls, by deleting the last sentence from footnote k, and adding the following sentence to footnote e: "The minimum side and rear yard setback is 25' for dwellings with gross floor area greater than 2500 square feet, unless the dwelling existed or was under construction prior to 5/1/93."; or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) 22 DESCRIPTION: The amendment seeks to discourage construction of very large houses on undeveloped small "grandfathered" lots, which have a lot area less than the required 15,500 square feet in the RS, One-Family zoning district or 30,000 square feet in the RO, One-Family zoning district. The amendment would require a 25 foot minimum side and rear yard setback for "jumbo" houses, i.e. with more than 2500 square feet of floor area. Presently, minimum yard setbacks of 7.5' to 15' are required for older, small lots depending on the lot's frontage, without regard to the size of the dwelling. Owners of lots which have dwellings in existence or under construction prior to 5/1/93 will be exempt from this amendment, and those owners may expand these dwellings to the same degree permitted under the present Zoning By-Law. ARTICLE 26 ZONING BY-LAW/MINOR REVISION PROCEDURE To see if the town will vote to amend the Zoning By-Law by making the following changes: A. in subparagraph 8.4.2 d, which deals with deviations from a plan approved by the Town Meeting, by striking out "10%" in the third line and inserting in place thereof "5%" and by adding at the end the words: "or the maximum number of dwelling units or equivalent density for residential accommodations not arranged in dwelling units approved in an RD district;", so that the sentence, as amended, will read: "d. the SPGA may, in its discretion, permit minor deviations from the plan approved by Town Meeting provided they do not conflict with the intent of the plan and they do not allow the building floor area to exceed that shown on the approved plan by more than 5% in the RD district, or to exceed the maximum floor area ratio approved for the CD district or the maximum number of dwelling units, or equivalent density for residential accommodations not arranged in dwelling units, approved in an RD district;" B. in subparagraph 8.4.4, which deals with revision of a special permit, by striking out the first sentence of the first paragraph in its entirety and by inserting in place thereof a new first sentence, as follows: "Subsequent to an SPS granted by the SPGA, minor revisions to the plan may be made from time to time in accordance with applicable laws, by-laws, and regulations." and adding a new third sentence to the first paragraph, as follows: "Any increase in the net floor area or in the maximum number of dwelling units, or equivalent density for residential accommodations not arranged in dwelling units, is not a minor revision."; or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) 23 DESCRIPTION: In approving an RD, Planned Residential, or a CD, Planned Commercial, zoning district, the Town Meeting approves a preliminary plan. Subsequent to the Town Meeting approval, a special permit with site plan review, showing greater detail, must be granted by the Board of Appeals. These amendments limit revisions to the plan after Town Meeting approval to not more than a 5 percent increase in floor area. An increase in the floor area ratio, which controls the intensity of development in a commercial district, or in the number of dwelling units in a residential district, will not be allowed. ARTICLE 27 ZONING BY-LAW/DISABLED PERSONS To see if the town will vote to amend the Zoning By-Law in Section 2, Definitions, in the definition of "FAMILY", by adding a new third sentence, as follows: "The limitation on the number of unrelated individuals shall not apply to persons protected by the Americans with Disabilities Act."; or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: The Zoning By-Law limits the occupancy of one dwelling unit to either a family, composed of individuals who are related or not more than four unrelated individuals. The Federal Americans with Disabilities Act prohibits discrimination against certain classes of disabled persons who live in group homes. This amendment brings the Zoning By-Law into conformity with Federal law. ARTICLE 28 ZONING BY-LAW/DRAINAGE To see if the town will vote to amend the Zoning By-Law in SECTION 11. OFF STREET PARKING AND LOADING, by inserting at the end of the first paragraph of 11.7.7 SURFACING, DRAINAGE the following: "When the proposed added impervious area exceeds 1,000 sq.ft., it is further required that the drainage provisions shall be such that no downstream properties, waterways, channels, or conduits will receive stormwater runoff at a higher peak flow rate than would have resulted from the same storm occurring over the same site previous to the proposed development."; or act in any other manner in relation thereto. (Inserted by Erik Mollo-Christensen and 9 or more registered voters) DESCRIPTION: The present brook flooding problems are partly caused by accelerated stormwater runoff from upstream roofs and pavement. The proposed amendment seeks to reduce peak stormwater runoff by requiring some detention of stormwater near its source, restricting it to areas larger than 1000 square feet and specifying the maximum amount of detention capacity. 24 ARTICLE 29 ZONING BY-LAW/CM to RD, MAGUIRE ROAD 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 from the CM, Commercial Manufacturing district to RD, Planned Residential district, said property being The Maguire Road Realty Trust property at the northwest corner at the intersection of Maguire Road and Hartwell Avenue to allow construction of a 135 bed nursing home. The land to be rezoned consists of an approximately 3.281± acre site now located in a CM, Commercial Manufacturing zoning district and bounded northerly by land now or formerly of the Massachusetts Bay Transportation Authority and known as the MinuteMan Commuter Bikeway, easterly by Hartwell Avenue, southerly by Maguire Road and westerly by land now or formerly of Itek Corporation, said property being more fully described in metes and bounds by a plan of the land entitled "Plan of Land, Lexington, MA", dated March 29, 1990, by Eastern Land Survey Associates, Inc. and by a written metes and bounds description, copies of which accompany this petition and are incorporated herein by reference and are on file with the Board of Selectmen, the Planning Board and the Town Clerk. The preliminary site development and use plan for the RD Planned Residential District shall be a plan dated January 11, 1993, to be filed with the Planning Board and Town Clerk, or as subsequently revised and filed with the Planning Board and Town Clerk, as required by and in accordance with the requirements of the Zoning By-Law; or act in any other manner in relation thereto. (Inserted by Michael L. Colangelo and 9 or more registered voters) DESCRIPTION: This citizens petition submitted by Maguire Road Realty Trust (Michael Colangelo) on behalf of the Bedford House Associates (Mark W. Tobin) would allow for the construction of a 135 bed nursing home providing skilled and intermediate nursing care services to elderly persons. The facility would encompass about 56,700 square feet of floor space in 4 stories and provide 70 parking spaces. The development of a nursing home in this general geographical area is authorized by a Certificate of Need issued by the Commonwealth of Massachusetts, Department of Public Health. 25 ARTICLE 30 ZONING BY-LAW/RO to RD, LOWELL STREET 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 from the RO, One Family Dwelling District to RD, Planned Residential District, said Property is located on the Northeasterly side of Lowell Street near the intersection of Lowell Street and North Street, to allow construction of a multi-family housing development. The land to be rezoned consists of a site containing approximately 5.1 acres now located in a RO, One Family Dwelling District and bounded Westerly by Lowell Street; Southerly by land now or formerly of the following Solomos, Morascio and Rizza; Easterly by North Street; and the Lexington-Burlington town line; and northerly by land now or formerly of Burlington Village Associates. Said property being more fully described in metes and bounds by a plan of land entitled "Plan of Land in Lexington, MA for Proposed Rezoning" dated December, 1992 by Larson Associates, Arlington, MA and by a written metes and bounds description, copies of which accompany this petition and are incorporated herein by reference and are on file with the Board of Selectmen, the Planning Board and the Town Clerk. The preliminary site development and use plan for the RD Planned Residential District shall be a plan dated January, 1993 to be filed with the Planning Board and Town Clerk, or as subsequently revised and filed with the Planning Board and the Town Clerk as required by and in accordance with the requirement of the Zoning By-Law; or act in any other manner in relation thereto. (Inserted by Peter C. J. Kelley and 9 or more registered voters) DESCRIPTION: This citizens' petition, submitted on behalf of Peter C.J. Kelley and Richard F. Perry of Woodhaven Realty, would allow for the construction of not more than eighty (80) housing units in three (3) buildings. ARTICLE 31 ZONING BY-LAW/CM to CD, WESTVIEW STREET To see if the Town will vote to amend the Zoning By-Law as follows: By changing the zoning district in which the land bounded and described below lies, from CM--COMMERCIAL MANUFACTURING DISTRICT to CD--PLANNED COMMERCIAL DEVELOPMENT DISTRICT by revising the zoning map and adopting a new zoning map No. CD-6 showing as a CD District the land bounded and described as follows: 26 A certain parcel of land with the buildings situated thereon, in said Lexington, Middlesex County, Massachusetts, being a triangular parcel of land at the junction of Westview Street and Mellex Road, and more particularly bounded and described as follows: Commencing at said junction of Westview Street and Mellex Road; then running WESTERLY along said Westview Street two hundred (200) feet; thence SOUTHERLY to Mellex Road to a point on the Northerly boundary of said Mellex Road, two hundred (200) feet Westerly from the junction of said Westview Street and Mellex Road; and thence EASTERLY by said Mellex Road to the point of beginning; or take any action relative thereto. (Inserted by Mary Neumeier and 9 or more registered voters) DESCRIPTION: This citizens' petition is submitted in behalf of Midnight Motors of Lexington and would allow construction of a 1920 square foot auto repair garage at the easterly side of the intersection of Westview Street and Maguire Road. The 9,900 square foot site is across from the ITEK industrial facility on Maguire Road and residences and town land on Westview Street. The proposal would provide eight (8) parking spaces to be used in connection with the business consisting of maintenance and minor repair of automobiles including inspections, tune-ups, lubrication, installation of replacement parts and the adjustment or replacement of brakes and/or tires and excluding engine overhauls, bodywork or painting. GENERAL ARTICLES ARTICLE 32 AMEND GENERAL BY-LAWS/ SURFACE WATER DISPOSAL To see if the Town will vote to amend Article XXV of the General By-Laws by adding the following new section: "Section 29. SURFACE WATER DISPOSAL. Rainwater from roofs and paved areas shall not be discharged directly onto public way or onto any lot in other ownership without provisions for storm water detention sufficient to hold back and slowly release the water from a one tenth of an inch rainfall. This requirement will be enforced by the building inspector."; or act in any other manner in relation thereto. (Inserted by Erik L. Mollo-Christensen and nine or more registered voters) 27 DESCRIPTION: The present brook flooding problems are partly caused by stormwater runoff from upstream developments. This article proposes to reduce peak stormwater runoff by requiring some detention of stormwater near its source, by taking Section 11.7.7 of the Zoning By-Law and making it part of the General By-Laws of the Town, restricting it to areas larger than 1000 sq. ft. and specifying the maximum required amount of detention capacity. ARTICLE 33 AMEND GENERAL BY-LAWS/ PUBLIC WAYS AND PLACES To see if the Town will vote to amend Section 7 of Chapter XXV of the General By- Laws by deleting the first sentence thereof and substituting therefor the following sentence: "Except as hereinafter provided, no person shall use or operate on any sidewalk or independent bicycle path any motorized vehicle, except a wheelchair, maintenance vehicle, or a police or fire emergency or patrol vehicle."; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This article provides police legal access to patrol and to protect citizens using the bicycle path. ARTICLE 34 AMEND GENERAL BY-LAWS/ SALE OF TOBACCO TO MINORS To see if the Town will vote to amend the General By-Laws of the Town of Lexington by adding a new section 9 to Article XXVI thereof as follows: BY-LAW TO LIMIT ACCESS TO TOBACCO BY MINORS 9.1 Sales to Minors. In conformance with Massachusetts General Laws Chapter 270, Section 6, whoever sells a cigarette, chewing tobacco, snuff, or any tobacco in any of its forms to any person under the age of eighteen or, not being his parent or guardian, gives a cigarette, chewing tobacco, snuff, or tobacco in any of its forms to any person under the age of eighteen, shall be punished by a fine of not less than one hundred dollars ($100.00) for the first offense, not less than two hundred dollars ($200.00) for the second offense and not less than three hundred dollars ($300.00) for any third or subsequent offense. 28 9.2 Posting State Law. In conformance with Massachusetts General Laws, Chapter 270, Section 7, a copy of Massachusetts General Laws Chapter 270, Section 6 shall be posted conspicuously by the owner or other Person in charge thereof in the shop or other place used to sell cigarettes at retail. The notice to be posted shall be that notice provided by the Massachusetts Department of Public Health. Such notice shall be at least 48 square inches and shall be posted at the cash register which receives the greatest volume of single cigarette package sales in such a manner so that it may be readily seen by a person standing at or approaching the cash register. Such notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of less than 4 feet or greater than 9 feet from the floor. For all other cash registers that sell cigarettes, a notice shall be attached which is no smaller than 9 square inches, which is the size of the sign provided by the Massachusetts Department of Public Health. Such notice must be posted in a manner so that it may be readily seen by a person standing at or approaching the cash register. Such notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of no less than 4 feet or more than 9 feet from the floor. The Board of Health or its enforcement officers shall enforce this provision of the by-law. Whoever violates this provision shall be punished by a fine of not more than fifty dollars ($50.00). Any person unlawfully removing a copy so posted while said premises are used for the sale of cigarettes shall be punished by a fine of ten dollars ($10.00). 9.3 Free Standing Displays Prohibited. Free-standing displays of cigarette products, from which individual packages may be selected by the customer, are prohibited. 9.4 Sales Personnel. No person or entity selling tobacco products shall allow anyone to sell cigarettes or other tobacco products until such employee reads the Town by-law and state laws regarding sale of tobacco and signs a sworn statement, a copy of which will be placed on file in the office of the Board of Health, that (s)he understands and will uphold the regulations. 9.5 Free Distribution/Sampling. No person or entity shall, except at full retail price, in or upon any part of the streets, parks, public grounds, public buildings, or other public places within the Town of Lexington distribute any products containing tobacco for any promotional or other commercial purpose. 9.6 Reduced Pricing. No person or entity shall distribute in the Town of Lexington tobacco products substantially reduced in price from the prevailing average retail price of the particular brand as set by the Massachusetts Department of Revenue. 9.7 Vending Machines. No person shall install or maintain a vending machine to distribute or sell tobacco products unless the vending machine is located within 10 feet and in plain view of the regular location of a person designated to supervise the purchase of tobacco products at the vending machine. No sales of tobacco products are permitted from a vending machine which also offers for sale any non-tobacco product. 29 9.8 Packaging. Sale or distribution of tobacco products in any form other than an original factory-wrapped package is prohibited. 9.9 Penalties. Any person or entity who fails to comply with 9.3, 9.4, 9.5, 9.6, 9.7 and 9.8 of this section shall be punished by a fine of not less than one hundred dollars ($100) nor more than two hundred dollars ($200). 9.10 Severability. If any provision of this by-law is declared invalid, the other provisions shall not be affected thereby but shall continue in full force and effect; or act in any other manner in relation thereto. (Inserted by Martha C. Wood and nine or more registered voters) DESCRIPTION: The proposed amendment to the General By-Laws would limit access to tobacco products by minors. The sponsors of this article would support an amendment to provide for noncriminal enforcement of this by-law. ARTICLE 35 EARLY RETIREMENT To see if the Town will vote to accept Section 48 of Chapter 133 of the Acts of 1992 as amended, relating to an early retirement incentive program for certain Town employees, or take any other action relative thereto. (Inserted by Meredith Loomis and nine or more registered voters) DESCRIPTION: This article, if accepted, would allow early retirement incentive (maximum of 5 years of creditable service) for employees eligible to retire under s.5 of Ch.32 (age 55 with at least ten years of service) or s.10 of Ch.32 (under 55 with 20 years or more of service). This statute does not apply to members of the State Teachers' Retirement System. ARTICLE 36 AMEND GENERAL BY-LAWS/ BICYCLE HELMETS To see if the Town will vote to amend Section 7 of Article XXV of the General By-Laws by adding a new paragraph between the existing second and third paragraphs as follows: "The operator of any non-motorized bicycle under the age of eighteen shall wear a helmet."; or act in any other manner in relation thereto. (Inserted by Barbara Baker and nine or more registered voters) DESCRIPTION: This article was requested by members of the fifth grade classes at Fiske School. A former student of the Fiske School, Derek Etkin, fell off his bike last fall and would have been seriously injured if he had not been wearing a helmet. The members of the fifth grade at Fiske School will make the presentation at Town Meeting. 30 ARTICLE 37 AMEND GENERAL BY-LAWS/ APPROPRIATION COMlvu i mt. REPORT To see if the Town will vote to amend the first paragraph of Section 5 of Article XIII of the General By-Laws by adding the words "or otherwise distributing" after the word "mailing"; or act in any other manner in relation thereto. (Inserted by the Appropriation Committee) DESCRIPTION: The Appropriation Committee wishes to have available to it the option of distributing the annual committee report to the precinct captains for precinct distribution to Town Meeting members along with the mailing option. ARTICLE 38 MARRETT ROAD/ROUTE 2A RESOLUTION To see if the Town will vote to adopt the following resolution: Whereas Route 2A (Marrett Road) from the bridge over Route 128 to the intersection at Massachusetts Avenue is a major entry into Lexington and the Minute Man National Park, and current plans for the reconstruction of this intersection will involve a substantial disruption of the wetlands bordering the road, be it resolved that the Commonwealth of Massachusetts and the Lexington Board of Selectmen provide an opportunity for Town Meeting members to look at and comment on these plans which involve widening of the roadway, the installation of traffic lights and replication of the affected wetlands before a final decision is made; or take any other action relative thereto. (Inserted by Louise V. T. Kava and nine or more registered voters) DESCRIPTION: Serious safety concerns and traffic problems clearly indicate the need for some reconstruction at this intersection. Because this is a state road, the Conservation Commission is the only town board to have input on the plans. Creating space for the proposed five lane highway will require removal of much of the hillside and many of the trees in front of the Lexington Sheraton Inn which will have a devastating visual impact on a critical area of the town. More importantly, it would remove one of the barriers to further development at Hanscom. 31 ARTICLE 39 RELEASE OF EASEMENT/ JOHN BENSON ROAD To see if the Town will vote to authorize the Selectmen to release to Carriage Drive Nominee Trust a 15 ft. wide by 250 ft. long sewer easement on lots owned by them at numbers 4 and 8 John Benson Road, or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: The sewer pipe within this easement was abandoned when the developer of John Benson Road relocated the sewer to be within the street right of way. This easement is no longer needed and requires Town Meeting action to transfer the interest. ARTICLE 40 BOWMAN SCHOOL PROPERTY FOR LEXHAB To see if the Town will vote to transfer the care, custody, management and control of a vacant lot along Philip Road no longer needed by the School Department to the Board of Selectmen, or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This article proposes to transfer a lot along Philip Road from the control of the School Committee to the jurisdiction of the Board of Selectmen. This lot was a part of parcel 45A which contains the Bowman School but has been physically separated from the Bowman School land by Philip Road. This lot is currently vacant and no longer needed for School usage and would require Town Meeting action to transfer the control. ARTICLE 41 AMEND QUITCLAIM RESTRICTIONS/ MUZZEY CONDOS To see if the Town will vote to request and authorize the Board of Selectmen to amend the restrictions in the Quitclaim Deed by which the Town granted, pursuant to a vote of the February 14, 1983 Special Town Meeting, the land and buildings now known as Muzzey High Condonimium, located at 1475 Massachusetts Avenue, in order to raise the "Maximum Resale Price" from 4% to 6%; or take any other action relative thereto. (Inserted by Susan M. Hartery and nine or more registered voters) 32 DESCRIPTION: One of the original restrictions in the Deed prevents unit owners from selling their units for an amount greater than a "Maximum Resale Price" which is generally defined as the owner's purchase price increased at an annual rate of 4%. Because of numerous construction defects in the conversion of Muzzey from a school into a condominium, units owners have had to pay costs far in excess of those predicted and advertised in 1983. They have had to pay about $400,000 in special assessments to repair defects in conversion construction, and an additional $400,000 has been estimated for future repairs. Monthly condominium fees have increased more than 50% above the levels estimated in the Town's 1983 promotion, and legal fees exceeding $100,000 have been paid in a largely unsuccessful effort to force the contractor to remediate. Some units have been unlivable after heavy rain, and many unit owners have lost personal property due to water damage. While a 4% limit on resale was appropriate in 1983 when Town Meeting expected reasonable quality in the conversion construction, an annual increase of 6% is more equitable in light of the ongoing problems. Raising the "Maximum Resale Price" from 4% to 6% would provide a modest amount of eventual relief for these owners, at no cost to the Town, while preserving the "affordable" nature of this housing. Unit owners would have the option of retaining the 4% cap (some owners maybe concerned that a higher cap will cause a higher property tax). ARTICLE 42 BIKE PATH To see if the Town will vote to name the portion of the Minuteman Bikeway that lies within the Town of Lexington the John C. Eddison Memorial Bikeway; authorize the Board of Selectmen to petition the General Court for an act to commemorate the naming; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This article is submitted by the Board of Selectmen in order to honor the memory of John C. "Jack" Eddison. Naming Lexington's portion of the path after Jack Eddison would be a fitting tribute to this extraordinary man who dedicated much of his time and talents during the last several years to the Town of Lexington. Selectman Jack Eddison was particularly proud of his support and work on the bikeway. 33 ARTICLE 43 USE OF FUNDS TO REDUCE 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. 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 first day of February, A.D., 1993. JACQUELYN R. SMITH, Chairman PAUL W. MARSHALL Board WILLIAM J. DAILEY, JR. of LEO P. McSWEENEY Selectmen A true copy, Attest: William Young Constable of Lexington 34 TOWN MEETING MEMBERS Town Meeting Members At Lame Margery M. Battin 15 Paul Revere Road Norman P. Cohen 56 Coolidge Avenue William J. Dailey,Jr. 1 Bushnell Drive Stephen W. Doran 1 Taylor Lane Bernice H. Fallick 4 Diehl Road Paul W. Marshall 6 Chandler Street Leo P. McSweeney 84 Shade Street Jacquelyn R. Smith 4 Clematis Road Precinct One Term Expires 1995 John P. Breen 8 Crescent Hill Avenue Daniel P. Busa,Jr. 6 Farm Road Joseph J. Dini 16 Sanderson Road Nancy C. Gordon 10 Fiske Road Barry E. Sampson 8 Brandon Street Robert F. Walton 27 Maple Street James S.Wilson 155 Emerson Gardens Road Term Expires 1994 Joel A.Adler 22 Village Circle Chaur-Ming Chou 27 Whipple Road Jean W. Cole 23 Whipple Road James A. Nicoloro 4 Winship Road Ruth J. Walton 27 Maple Street Judith L. Zabin 1 Page Road Term Expires 1993 Nancy M.Adler 22 Village Circle James A. Cataldo 52 Bow Street Rona G. Cohen 20 Peachtree Road John E. Curry 33 Sanderson Road Sam V. Nablo 15 Fiske Road Paul Nesbeda 10 Blodgett Road Albert P. Zabin 1 Page Road Daniel Ziedelis 15 Tyler Road *Marsha F. Byrnes 3 Blodgett Road *Paul G. Topalian 46 Circle Road Precinct Two Term Expires 1995 Eric T. Clarke 29 Moon Hill Road John T. Cunha 17 Holland Street Robert W. Cunha 10 Stevens Road Karen A. Dooks 5 Mohawk Drive Myla Kabat-Zinn 58 Oak Street William W. Welch, Jr. 10 Bird Hill Road William S. Widnall 22 Summit Road *New Candidates 35 Term Expires 1994 Elizabeth H. Clarke 29 Moon Hill Road Ellsworth H. Fisher 8 Great Rock Road Marita B. Hartshorn 28 Locust Avenue Michael J. O'Sullivan 12 Aerial Street Edna M. Welch 10 Bird Hill Road Alan B. Wilson 33 Oak Street Donald D. Wilson 36 Fern Street Term Expires 1993 Leonora K. Feeney 4 Moon Hill Road John R. Holt 736 Massachusetts Avenue Daniel A. Lucas 3 Tower Road Christina J. Welch 41 Locust Avenue Carolyn C. Wilson 33 Oak Street *David W. Burke 754 Massachusetts Avenue *Paul H. Lapointe 224 Follen Road *Evelyn S. Lees 29 Tower Road Precinct Three Term Expires 1995 Robert N. Cohen 87 Bridge Street Bruce Collier 2 Barberry Road Marjorie K. Madoff 27 Normandy Road Marilyn K. Mairson 29 Lawrence Lane Mary Edna Neumeier 2 Pitcairn Place Adrienne D. Santamaria 11 Hutchinson Road Term Expires 1994 Samuel Berman 11 Barberry Road Jacqueline B. Davison 86 Spring Street Dan H. Fenn, Jr. 59 Potter Pond Elizabeth C. Haines 279 Concord Avenue Jeanne K. Krieger 44 Webster Road Vicky L. Schwartz 3 Lawrence Lane Caleb Warner 546 Concord Avenue Term Expires 1993 John P. Carroll 29 Allen Street Don J. J. Cordell 76 Grassland Street Erna S. Greene 25 Bridge Street Gloria V. Holland 38 Webster Road Eric Jay Michelson 46 Munroe Road Richard L. Neumeier 2 Pitcairn Place Francis W. K. Smith 4 Clematis Road Ruth F. Souza 542 Concord Avenue *Paul E. Keane 17 Woodcliffe Road Precinct Four Term Expires 1995 Nyles Nathan Barnert 142 Worthen Road Nancy M. Cannalonga 120 Kendall Road Christina E. Coughlin 17 Outlook Drive Sandra J. Shaw 51 Wachusett Drive Ruth S. Thomas 10 Parker Street Judith J. Uhrig 15 Vine Brook Road *New Candidates 36 Term Expires 1994 Lisa A. Baci 18 Fair Oaks Terrace Nicholas A. Cannalonga 120 Kendall Road Katherine G. Fricker 93 Marrett Road Carol B. Hartman 16 Bloomfield Street Peter C. J. Kelley 24 Forest Street Karsten Sorensen 1 Vine Brook Road Term Expires 1993 Lois J. Coit 32 Vine Brook Road L. Gail Colwell 127 Kendall Road Ronald W. Colwell 127 Kendall Road Peter David Enrich 35 Clarke Street Margaret F. Rawls 9 Winthrop Road Nicholas Santosuosso 2 Washington Street Arthur C. Smith 131 Worthen Road Martin K.White 50 Bloomfield Street *Donald A. Chisholm 166 Lincoln Street *Thorne Griscom 235 Waltham Street Precinct Five Term Expires 1995 Howard Cravis 6 Rogers Road Paul E. Hamburger 18 Cooke Road Carol A. Liff 19 Douglas Road Paul Newman 35 Grant Street Samuel L. Powers 7 Dunham Street Charles T. Vail 66 Woburn Street Term Expires 1994 Cynthia L. Blumsack 15 Holmes Road Marjorie M. Daggett 9 Burroughs Road Leona W. Martin 19 Thoreau Road Sam Silverman 18 Ingleside Road Melinda D. Vinton 11 Leonard Road Mary Kathryn Wolf 116 East Emerson Road JoAnn B. Wortman 45A Ridge Road Term Expires 1993 Wallace Cupp 141 Woburn Street John Hayward 358 Woburn Street Ephraim Weiss 462 Lowell Street David G. Williams 1433 Massachusetts Avenue *Elaine Dratch 2 Maureen Road *Joseph F. Gilbert, Jr. 231 Woburn Street *Frank E. Kirkland 662 Lowell Street Precinct Six Term Expires 1995 Robert H. Domnitz 14 Oakland Street Catherine S. England 34 Grant Street Magdalena W. Himmel 66 Hancock Street Alan J. Lazarus 22 Woodland Road John A. Oberteuffer 14 Glen Road South Sara F. Schoman 11 Hancock Avenue Robert V.Whitman 5 Hancock Avenue *New Candidates 37 Term Expires 1994 Marshall J. Derby 23 Suzanne Road Edmund C. Grant 27 Grove Street Joyce A. Miller 17 Oakland Street Jane Pagett 10 Oakmount Circle Edith Sandy 353 North Emerson Road Frank Sandy 353 North Emerson Road Sheldon A. Spector 26 Suzanne Road Term Expires 1993 Peter Diamond 15 Franklin Road Morton G. Kahan 44 Hancock Street David G. Miller 17 Oakland Stgreet H. Bigelow Moore 50 Hancock Street *Michael R. Barry 159 Burlington Street *Jonathan T. Longley 15 Westwood Road *Ronald B. Pawliczek 25 Flintlock Road *Warren Roberts 11 Myrna Road *Edward G. Simeone 1 Muster Court *Wiliam B. Simmons 82 North Street Precinct Seven Term Expires 1995 John P. Attanucci 191 Grove Street Neal E. Boyle,Jr. 23 Pine Knoll Road George A. Burnell 4 Eaton Road Theodore D. Chuang 11 Carriage Drive Renee T. Cochin 7 Partridge Road Linda Horowitz 123 Blake Road Myron L. Miller 46 Eldred Street Term Expires 1994 Marsha E. Baker 46 Burlington Street Clark A. Cowen 104 Fifer Lane Casimir R. Groblewski 23 Dewey Road Fred H. Martin 29 Dewey Road Jeanette P. Webb 7 Eaton Road Iris G. Wheaton 5 Hadley Road Polly Woodworth 26 Bertwell Road Term Expires 1993 Catherine M. D.Abbott 38 Eldred Street Robert M. Farias 21 Eldred Street Audrey J. Friend 84 Fifer Lane John E. Taylor 11 Linmoor Terrace Jacquelyn H. Ward 15 Robinson Road James C. Wood, Jr. 51 Gleason Road Martha C. Wood 51 Gleason Road *Richard T. Howe 9 Fuller Road *Anjan Mukherjee 40 Winter Street *New Candidates 38 Precinct Eight Term Expires 1995 Elizabeth J. Bryant 18 Liberty Avenue Diana T. Garcia 3 Gerard Terrace Jay R. Kaufman 1 Childs Road Alan Mayer Levine 54 Reed Street Gordon R. Osgood 52 Ward Street James A. Osten 8 Revere Street Dennis Sullivan 28 Homestead Street Term Expires 1994 Donald L. Bailey 84 Reed Street Richard H. Battin 15 Paul Revere Road Susan A. Blieden 39 Reed Street Charles M. Cullen 6 Gerard Terrace Steven J. Hurley 70 Reed Street Kathleen Vogt Kissel 17 Manning Street Carolyn H. Tiffany 109 Reed Street Term Expires 1993 Roger F. Borghesani 24 Hastings Road Florence E. Connor 12 Cedar Street Maria Constantinides 32 Bellflower Street Ione D. Garing 157 Cedar Street Richard A. Michelson 54 Asbury Street Jack Sarmanian 330 Bedford Street Margaret Schwartz 18 Harbell Street *Charles Hornig 67 Reed Street *Michael Sacco 68 Valley Road *Geza Szonyi 177 Cedar Street Precinct Nine Term Expires 1995 Margaret E. Coppe 12 Barrymeade Drive Susan Hastings DelGreco 200 Lincoln Street Frank J. Kava 60 Shade Street Louise V. T. Kava 60 Shade Street Eleanor H. Klauminzer 8 Lincoln Terrace Richard M. Perry 16 Ellison Road Doris Paley Traficante 16 Fairbanks Road Term Expires 1994 Jane P. Buckley 46 Middle Street Richard L. Canale 29 Shade Street Paul E. Mazerall 32 Roosevelt Road Janet M. Perry 16 Ellison Road Simon Prensky 222 Lincoln Street Fred D. Rosenberg 165 Wood Street James J. Scanlon 10 Springdale Road Term Expires 1993 Alice J.Adler 10 Nickerson Road James A. Hester, Jr. 66 School Street Janice A. Kennedy 135 Wood Street Isabel H. Mroczkowski 4 Frances Road Richard Schaye 7 Jean Road *Elizabeth B. Eddison 20 Nickerson Road *Michael E. Schroeder 2 Welch Road *New Candidates 39 I 2 3 4 5 Article 30 �`-_- Li ---�_ T p Fps, N" e C jr a @�,.. �ao \ � ,�y � —,:z.,--- � il_ ; �►.• f /:z. •„> .r�? . \„.....,..„ . . tg a L c.I . I it X41 Article 39 . 111,4 c; `` _ 1 p ; e� �'�W , 4 "' • < ' .N:c .dee iz . �� / e �' _q`'Qo �. ii ?/ � ae�`'. B „,„ '- ••,,,•t' / o°� • +°,,,',., . 4,-...4 • /b” e' A < i rk.^; F 9 Article 18 s 1 'C;C.-1 ' '"'="1-7,--1.,'-74.4 ., N)*‘4, *''''' '‘.\,,,, - , .,,,m,,,._t_ . . .. **hit ,d------)i N . !, "Iiii *...1.:'.,-.: 7Wr , -,, *'.iii, e,.:li.-;;.1'''g 1 "i Ejl 4. zpid /'• `"� 'ISLet '4c k ese ,� •, j' %,.Article 31 -ill: '1 �ri Article 29 Ir� i Imo' - 1 ' �y Ia i• 511 I©�1F� :.`,;,�'• ,, �,,1 D • , `�I° a«<.- ' ;:its At. 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' 'ti. 111; \--I '''- 'C 84 v 8 Al i 6 ELECTION INFORMATION Local Election - Monday, March 1, 1993 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, on Stedman Road (off Waltham Street via Brookside Avenue) Precinct 4 Lexington Senior High School, Waltham Street at Worthen Road Precinct 5 Cary Memorial Building, Massachusetts Avenue between Town Office Building and Police Department 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, 861-2770. 42 CALENDAR OF 4 r A,u Monday, March 1, 1993 Town Elections Polls Open - 7 : 00 am - 8:00 pm Tuesday, March 9 - 7: 30 p.m. Moderator's workshop for Selectmen's Meeting Room New Town Meeting Members Wednesday, March 10 - 7 : 30 p.m. TMMA Information Meeting Clarke Middle School Auditorium Selectmen's Article Article 4 Thursday, March 11 -- 8: 00 p.m. TMMA Information Meeting Clarke Middle School Auditorium Miscellaneous Articles Wednesday, March 17 - 7: 30 p.m. TMMA Information Meeting Clarke Middle School Auditorium School Articles Thursday, March 18 TMMA Information Meeting Clarke Middle School Auditorium Snow Date Sunday, March 21 TMMA Information Meeting Clarke Middle School Auditorium Bus Tour Wednesday, March 24 - 7: 30 p.m. Moderator's meeting with Selectmen's Meeting Room Article Sponsors Sunday, March 28 TMMA Information Meeting Clarke Middle School Auditorium Bus Tour Snow Date Monday, March 29 - 8:00 p.m. Town Meeting begins Cary Hall (No Town Meeting April 5, Passover, and the week of school vacation, April 19-24) 43