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HomeMy WebLinkAbout1996-03-18-TE-Warrant-and-1996-04-08-ATM-Warrant Presidential Primary March 5, 1996 (Warrant Enclosed) Local Election March 18, 1996 TOWN OF LEXINGTON WARRANT to the 1996 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. 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). 01, "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 96 Appropriation/Revenue History 5 WARRANT FOR PRESIDENTIAL PRIMARY 6 WARRANT FOR TOWN MEETING Article 1 Election 7 Article 2 Reports of Town Officers, Boards, Committees 8 Article 3 Appointments to Cary Lecture Series 8 FINANCIAL Article 4 Operating Budget 8 Article 5 Supplementary Appropriations for Current Fiscal Year (FY 96) 12 Article 6 Prior Years' Unpaid Bills 13 Article 7 Supplementary Appropriations for Authorized Capital Improvement Projects 13 PUBLIC WORKS Article 8 Water Mains 14 Article 9 Sanitary Sewers 14 Article 10 Street Related Improvements 15 Article 11 Public Works Equipment 15 Article 12 Town Building Envelope Program 15 Article 13 Phase II - I & I Program 16 OTHER FINANCIAL Article 14 Library Construction 16 Article 15 Minuteman Library Network 17 Article 16 Council on Aging Senior Center/Air Quality 17 Article 17 Fire Engine Purchase 18 Article 18 Purchase Fire Equipment 18 Article 19 Pine Meadows Golf Course Improvements 18 Article 20 Playgrounds and Ball Fields Improvements 19 Article 21 Miscellaneous School Article 19 Article 22 Land Acquisition/Woburn Street 20 Article 23 Buckman Tavern Repairs 20 CONSERVATION AND PLANNING BOARD Article 24 Land Acquisition/Augusta Property 21 Article 25 Winning Farm 21 Article 26 Notice of Intent Fees 22 Article 27 186 Grove Street Easement 22 Article 28 Zoning By-Law, Living Facilities for Seniors 23 Article 29 Zoning By-Law, Residential Development in Subdivisions and RD Districts 25 Article 30 Zoning By-Law, Frontage Reduction, Lots in a Small Subdivision 26 Article 31 Zoning By-Law, RS to RD Pelham Road (Youville Place) 27 Article 32 Zoning By-Law, RO to CD Waltham Street (Gravestar, Inc.) 28 Article 33 Zoning By-Law, CS to RS Marrett Road (Butler) 29 GENERAL ARTICLES Article 34 Use of Driveway on Philip Road 30 Article 35 Wood Street Land/Minuteman National Park 30 Article 36 Accept Quinn Bill 30 Article 37 Municipalization of Utilities 31 Article 38 NESWC Agreement 31 Article 39 Marion Angoff 32 Article 40 Use of Funds to Reduce Tax Rate 33 List of Town Meeting Members 34 Election Information 39 Map 40 Calendar 42 Article 29 Summary 43 2 piuS MO ,P`� ff75 ti 0 5 , p.„ s. , Tann of �PXIrt IIYt, M88ac1iuzPft8., w p APRIL 19^ FXiNG�� OFFICE OF SELECTMEN LEO P.McSWEENEY,CHAIRMAN WILLIAM J.DAILEY,JR. TEL.(617)861-2708 DANIEL P.BUSA,JR. (617)861-2710 DAN H.FENN,JR. FAX:(617)863-2350 ELIZABETH B.EDDISON 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 can be discussed. The Warrant includes the Town Manager's Proposed Budget for fiscal year 1997. The Board of Selectmen are reviewing the Town Manager's Proposed Budget and will present their recommendations to Town Meeting after further consultation with the School Committee, Finance Committees and Town Manager. The Manager has proposed $81,167,799 as expenditures for FY97, a 3.6% or $2,846,428 increase over FY96. The budget will be balanced with expected revenue of $54,615,037 from the tax levy, $5,796,918 in State aid, $5,855,000 local receipts, $1,271,528 in other available funds, and $13,629,315 enterprise revenue from the water, sewer and recreation operations. The Board is continuing in its review of the following issues: School Budget FY97 Reauest FY97 Manager Recommended Difference $39,993,485 $38,720,579 $1,272,906 The School Superintendent has submitted a budget that proposes a $2,672,906 or 7.2% increase in expenditures for FY97. The Manager's proposed budget is $1,272,906 less than the Superintendent's requested amount. School and Town Capital Over $11,205,150 in Capital requests have been identified for funding in fiscal year 1997 by School and Town professional staff. More than $25 million dollars in additional potential capital expenditures have been identified by a specially appointed Building or Facilities Task Force. These Building experts have examined and ranked by priority the capital investments that will be required in the future for all of the Town's buildings . In the coming months, the Board of Selectmen will be meeting with all of the Town's professional staff and volunteer committees to develop a workable and affordable financing plan for these capital projects. 3 A table of contents is provided for easy reference. The articles are grouped by topic and a brief description for each article is provided in an attempt to make the Warrant useful and understandable. A map showing locations of proposed public works and special projects is also provided. In addition to the Warrant, the Town Manager's comprehensive proposed budget as adopted by the Board of Selectmen will be mailed to all Town Meeting members prior to the start of Town Meeting. As always, the Board of Selectmen is working cooperatively with all of the elected and appointed boards, committees and officials in its attempt to develop some consensus on the FY97 budget. BOARD OF SELECTMEN Leo P. McSweeney, Chairman William J. Dailey, Jr. Daniel P. Busa, Jr. Dan H. Fenn, Jr. Elizabeth B. Eddison It is expected that non-financial articles starting with Article 24 will be taken up at the first session of Town Meeting on April 8. All financial articles will be considered after school vacation week on April 22. 4 APPROPRIATION/REVENUE HISTORY 13-Feb-96 10:12 AM FY94 FY95 FY96 FY97 FY97 Expenditures Appropriated Appropriated Appropriated Requested Mgr.Recommend Town Operating 22,018,418 21,864,571 23,279,883 24,997,204 24,272,718 Articles and Capital* 74,958 0 101,293 13,550,668 534,150 Pine Meadows Debt 1,591,082 1,515,644 1,439,954 1,174,088 1,174,088 Total Town Gen.Fund 23,684,458 23,380,215 24,821,130 39,721,960 25,980,956 Public Schools* 32,723,264 35,363,877 37,320,579 39,993,485 38,720,579 Regional Vocational School 681,657 612,806 620,850 491,412 491,412 Total Education 33,404,921 35,976,683 37,941,429 40,484,897 39,211,991 Water Enterprise 4,409,932 4,233,920 4,329,735 4,423,368 4,423,368 Sewer Enterprise 6,122,563 5,168,464 5,665,224 6,116,938 6,116,938 Recreation Enterprise 959,655 1,182,029 1,242,805 1,344,009 1,344,009 Enterprise Articles 1,660,000 966,000 1,432,000 1,745,000 1,745,000 Total Enterprise 13,152,150 11,550,413 12,669,764 13,629,315 13,629,315 Total Appropriations 70,241,529 70,907,311 75,432,323 93,836,172 78,822,262 Prior Year Deficits&Judgements 202,139 220,000 235,433 0 0 Intergovt Charges& Assessors Overlay 2,298,274 2,347,666 2,653,615 2,345,537 2,345,537 Gross Amt.to be Raised $72,741,942 $73,474,977 $78,321,371 $96,181,709 $81,167,799 FY94 FY95 FY96 FY97 FY97 Revenue Appropriated Appropriated Appropriated Reqested Mgr.Recommend Cherry Sheet 4,861,311 5,152,201 5,525,482 5,746,918 5,796,918 Local Receipts 5,287,718 4,848,613 5,813,935 5,599,044 5,855,000 Available Funds 735,828 1,656,040 1,076,188 1,076,188 1,271,528 Enterprise Revenue 13,152,150 11,550,413 12,669,764 13,629,315 13,629,315 Non-Tax Levy Revenue 24,037,007 23,207,267 25,085,369 26,051,465 26,552,761 Real Estate Tax Levy Previous Year Levy 45,700,290 47,113,853 48,752,066 51,870,868 51,796,048 Allowable 2 1/2%Inc. 1,142,507 1,177,846 1,218,802 1,296,772 1,294,901 Allowable New Constr. 271,056 460,367 325,180 200,000 350,000 Voter Approved Override 0 0 1,500,000 0 0 Real Est.Tax Levy Limit 47,113,853 48,752,066 51,796,048 53,367,640 53,440,949 Debt Exclusion 1,591,082 1,515,644 1,439,954 1,174,088 1,174,088 Total Revenues $72,741,942 $73,474,977 $78,321,371 $80,593,193 $81,167,799 Budget Deficit/Surplus 0 0 (0) (15,588,516) (0) • 5 TOWN WARRANT FOR PRESIDENTIAL PRIMARY Town of Lexington Commonwealth of Massachusetts Middlesex, ss. To either of the Constables of the Town of Lexington, 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 Primaries 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, TUESDAY, the 5th of MARCH 1996 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 each Political Party MEMBERS OF THE STATE COMMITTEE (one man and one woman) for each Political Party for the Fourth Middlesex District MEMBERS OF THE STATE COMMITTEE (one man and one woman) for each Political Party for the Fifth Middlesex District 35 MEMBERS OF THE DEMOCRATIC TOWN COMMITTEE 35 MEMBERS OF THE REPUBLICAN TOWN COMMITTEE 3 MEMBERS OF THE LIBERTARIAN TOWN COMMITTEE Hereof fail not and make return of this warrant with your doings thereon at the time and place of said meeting. Given under our hands at Lexington this twelfth day of February, A.D., 1996. Leo P. McSweeney, Chairman William J. Dailey, Jr. Board Daniel P. Busa, Jr. of Dan H. Fenn, Jr. Selectmen Elizabeth B. Eddison A true copy, Attest: William Young Constable of Lexington 6 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, 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 eighteenth day of March, 1996, 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 five years; Seven Town Meeting Members in Precinct One, the seven receiving the highest number of votes to serve for terms of three years; Eleven Town Meeting Members in Precinct Two, the seven receiving the highest number of votes to serve for terms of three years; the three receiving the next highest number of votes to fill unexpired terms ending March 1998; the one receiving the next highest number of votes to fill an unexpired term ending March 1997; 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 1997; Seven Town Meeting Members in Precinct Four, the seven receiving the highest number of votes to serve for terms of three years; Seven Town Meeting Members in Precinct Five, the seven receiving the highest number of votes to serve for terms of three years; 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 1998; 7 Ten Town Meeting Members in Precinct Seven, 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 1998; the two receiving the next highest number of votes to fill unexpired terms ending March 1997; 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 highest number of votes to serve for terms of three years. 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 eighth day of April 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. 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 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) 8 FY97 FY95 FY96 Proposed by # Program Name Expended Appropriation Town Manager 1000 Education Lexington Public Schools $35,153,921 $37,398,078 $38,720,579 Regional School 612,806 620,850 491,412 Total Education $35,766,727 $38,018,928 $39,211,991 2000 Shared Expenses Employee Benefits Contributory Retirement $2,825,960 $2,887,775 $3,125,709 Non-Contributory Retirement 151,044 187,803 189,736 Insurance 467,891 667,811 561,060 Unemployment Benefits 30,694 65,000 65,000 Police/Fire Medical 39,630 35,430 35,430 $3,515,219 $3,843,819 $3,976,935 Debt Service Payment of Funded Debt $1,582,250 $2,187,250 $2,294,750 Interest on Funded Debt 443,232 582,698 474,033 Temporary Borrowing 165,973 75,000 75,000 Exempt Debt 1,515,644 1,439,954 1,174,088 $3,707,099 $4,284,902 $4,017,871 Operating Articles Reserve Fund $0 $250,000 $250,000 Municipal Salary Adjustments 0 143,426 356,069 $0 $393,426 $606,069 Organizational Expenses Municipal Services&Expenses Personal Services $50,612 $70,828 $76,435 Expenses 82,953 95,000 104,271 Municipal Network Expenses 0 10,900 11,400 $133,565 $176,728 $192,106 Total Shared Expenses $7,355,883 $8,698,875 $8,792,981 3000 Community Services DPW Personal Services $2,847,219 $2,995,942 $3,025,111 DPW Expenses 3,764,017 4,025,715 4,123,213 Water Department 3,032,567 3,563,084 3,624,029 Sewer Department 4,565,382 5,484,337 5,913,372 Total Community Services $14,209,185 $161069,078 $16,685,725 9 FY97 FY95 FY96 Proposed by # Program Name Expended Appropriation Town Manager 4000 Public Safety Combined Dispatch Personal Services $286,810 $296,410 $309,351 Expenses 10,110 15,000 15,000 $296,920 $311,410 $324,351 Law Enforcement Personal Services $2,766,375 $2,932,103 $3,026,273 Expenses 260,134 277,264 304,844 $3,026,509 $3,209,367 $3,331,117 Fire Services Personal Services $2,907,560 $2,791,171 $2,812,644 Expenses 210,909 151,217 237,553 $3,118,469 $2,942,388 $3,050,197 Total Public Safety $6,441,898 $6,463,165 $6,705,665 5000 Culture and Recreation Cary Memorial Library Personal Services $1,043,589 $1,080,282 $1,088,559 Expenses 215,045 235,384 228,415 $1,258,634 $1,315,666 $1,316,974 Recreation Department Personal Services 355,357 418,813 449,997 Expenses 179,363 187,516 195,490 $534,720 $606,329 $645,487 Public Celebrations Expenses $12,454 $12,506 $15,500 $12,454 $12,506 $15,500 Transportation Personal Services $48,959 $50,920 $50,137 Expenses 153,266 178,458 179,458 $202,225 $229,378 $229,595 Total Culture and Recreation $2,008,033 $2,163,879 $2,207,556 6000 Human Services Council on Aging Personal Services $113,430 $126,927 $155,012 Expenses 99,609 119,052 167,032 $213,039 $245,979 $322,044 10 FY97 FY95 FY96 Proposed by # Program Name Expended Appropriation Town Manager Human Services cont. Veterans Administration&Benefits Personal Services $26,929 $26,504 $26,483 Expenses 18,502 29,913 29,913 $45,431 $56,417 $56,396 Preventive Services Services for Youth $67,800 $67,800 $69,834 Service to Dev. Disabled 10,457 11,000 12,800 $78,257 $43,800 $82,634 Total Human Services $336,727 $381,196 $461,074 7000 Insp. Services/Comm. Dev. Inspectional Services Personal Services $432,087 $438,394 $437,776 Expenses 33,600 51,718 53,218 $465,687 $490,112 $490,994 Community Development Planning Personal Services $134,579 $136,162 $134,931 Planning Expenses 6,608 6,614 6,614 $141,187 $142,776 $141,545 Total Insp. Services/Comm. Dev $606,874 $632,888 $632,539 8000 General Government Executive Board of Selectmen Personal Services $38,810 $51,359 $51,765 Expenses 49,567 54,983 77,349 Town Manager Personal Services $266,041 $263,036 $272,283 Expenses 13,090 14,137 15,500 Town Report 4,800 4,800 6,000 $372,308 $388,315 $422,897 Legislative Appropriation Committee $696 $735 $800 Misc. Boards& Committees 4,643 6,075 8,500 $5,333 $6,810 $9,300 Finance Comptroller Personal Services $293,736 $273,349 $271,550 Expenses 126,940 77,284 84,684 Revenue Personal Services 191,320 174,470 169,562 11 FY97 FY95 FY96 Proposed by # Program Name Expended Appropriation Town Manager General Government cont. Expenses 12,627 14,483 15.300 Assessors Personal Services 176,796 187,908 193,777 Expenses 3,151 3,794 4,000 Data Processing Personal Services 0 55,366 80,266 Expenses 47.873 92.890 167,050 $852,443 $879,544 $986,189 Staff Legal $205,000 $205,000 $205,000 Town Clerk Personal Services 131,288 137,231 132,999 Expenses 2,452 2,646 2,860 Board of Registrars Personal Services 1,825 1,825 1,825 Expenses 8,261 23,956 19,875 Elections Personal Services 50,625 28,000 44,237 Expenses 17,539 15,624 20,400 $416,990 $414,282 $427,196 Total General Government $1,647,074 $1,688,951 $1,845,582 DESCRIPTION: This article requests funds for the Fiscal Year 1997 (July 1, 1996 - June 30, 1997) 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 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 95 expenditures, FY 96 appropriations and FY 97 proposed. ARTICLE 5 SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR (FY 96) 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 1995 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) 12 FUNDS REQUESTED: Unknown at press time. DESCRIPTION: This is an annual article to permit adjustments to current fiscal year (FY 96) 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: Unknown at press time. DESCRIPTION: This is an annual article to request funds for capital improvement project expenditures which exceed the level of appropriation. 13 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: $280,000 DESCRIPTION: Funding is requested for phase thirteen of a twenty-phase program for replacing or cleaning and lining cast iron water pipes to remove tubercular growth and improve water quality and flow. Water mains in the Baker Avenue neighborhood are proposed to be cleaned and relined in FY 97. ARTICLE 9 SANITARY SEWERS 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 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: $560,000 DESCRIPTION: This article requests sewer enterprise funds of $560,000 for the Collection Sewer Program. Recently the State has made requirements for existing and replacement on-site sewerage disposal systems much stricter under the so-called Title V requirements. These funds will allow the town to extend sewers to those residential dwellings not currently serviced. 14 ARTICLE 10 STREET RELATED IMPROVEMENTS To see if the Town will appropriate a sum of money for highway improvements and athe construction of a fuel depot 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: $400,000 DESCRIPTION: This article requests $400,000 of State Chapter 90 highway funds to pave approximately two miles of streets and to construct a fuel depot. ARTICLE 11 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: $105,000 DESCRIPTION: This article requests funds for new and replacement public works equipment as follows: $90,000 from the Water and Sewer Enterprise Fund for one ten wheeler dump truck; $15,000 from the Recreation Enterprise Fund for one gang lawn mower. ARTICLE 12 TOWN BUILDING ENVELOPE PROGRAM To see if the Town will appropriate a sum of money to remodel, reconstruct and make extraordinary repairs to town 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 Board of Selectmen) FUNDS REQUESTED: $400,000 15 DESCRIPTION: This article requests funds to finance a number of small but important building capital repairs. These projects include but are not limited to the following: rebuild entrance stairs and repair the roof of Cary Memorial Building; replace the boiler, upgrade the electrical system, replace the emergency generator, fix basement floor under drain and replace roof at Fire Station headquarters; and replace the roof at the Visitors' Center. At press time the Selectmen are supporting only roof replacements. ARTICLE 13 PHASE II - I & I PROGRAM 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; authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid, including the local financial assistance program of the Massachusetts Water Resources Authority; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $600,000 DESCRIPTION: This article requests sewer enterprise funds of $600,000 to rehabilitate 28,000 feet of sewers, including manholes to reduce the infiltration of ground water into the system. The Town anticipates MWRA grant money in addition to the use of Sewer Enterprise funds. OTHER FINANCIAL ARTICLE 14 LIBRARY CONSTRUCTION To see if the Town will appropriate a sum of money to construct, originally equip and furnish an addition to and remodel, reconstruct and make extraordinary repairs to Cary Memorial Library, and to purchase additional library equipment including computer hardware and software; 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 Library Trustees and the Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid; or act in any other manner in relation thereto. (Inserted at the request of the Library Trustees) FUNDS REQUESTED: $6,000,000 16 DESCRIPTION: Cary Memorial Library has the opportunity to apply for a Massachusetts Public Library Construction grant in April 1996. The Library is in need of major mechanical systems replacement (HVAC, electrical, fire protection); A.D.A. requirements and responsibilities must be met; and the current design of library services must be reviewed to allow for the efficient and effective delivery of library services to the residents of Lexington. The Lexington facilities study outlined and addressed many of the problems cited above. Authorization to borrow up to $6,000,000 is requested to make major repairs to the Cary Memorial Library. Private donations, trustees funds and grant monies will be used in addition to funds from the tax levy. ARTICLE 15 MINUTEMAN LIBRARY NETWORK To see if the Town will appropriate a sum of money to enable Cary Memorial Library to join Minuteman Library Network; 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 Library Trustees) FUNDS REQUESTED: $68,000 DESCRIPTION: The Metro-Boston Library Network is comprised of the following libraries: Boston, Brookline, Cambridge, Chelsea, Lexington, Malden and Newton. The Brookline, Cambridge and Newton public libraries are transferring their library network membership to the Minuteman Library Network joining communities such as Bedford, Waltham, Arlington, Burlington, Concord, Winchester, Woburn and Framingham. The Minuteman Library network is in the process of applying for a federal grant (L.S.C.A.) to upgrade and expand its central site. The cost of $68,000 is a one-time charge to the libraries for the conversion of the database, expansion of hardware, installation of data communication lines, and administrative costs of the network. ARTICLE 16 COUNCIL ON AGING SENIOR CENTER/AIR QUALITY ;to see if the Town will appropriate a sum of money for improving air quality and for air conditioning the Senior Center and for purchasing equipment in connection therewith; 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 Board of Selectmen) FUNDS REQUESTED: $60,000 17 DESCRIPTION: This article requests funds to improve the air quality in the Senior Center. Based on the results of the engineering study approved by the 1995 ATM, the funds will be used to purchase a ventilation system for the Senior Center and air conditioning for the dining room area only. ARTICLE 17 FIRE ENGINE PURCHASE To see if the Town will appropriate a sum of money to purchase a new fire engine; 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 Board of Selectmen) FUNDS REQUESTED: $262,150 DESCRIPTION: This article requests funds to replace a 1973 Mack fire pumper, Engine #2. ARTICLE 18 PURCHASE FIRE EQUIPMENT To see if the Town will appropriate a sum of money to replace self-contained breathing apparatus and other fire department equipment; 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 Board of Selectmen) FUNDS REQUESTED: $60,000 DESCRIPTION: This article requests funds to purchase 24 full set replacement air bottles; 24 spare bottles and 30 face pieces and to replace the breathing air compressor station. ARTICLE 19 PINE MEADOWS GOLF COURSE IMPROVEMENTS To see if the Town will appropriate a sum of money to make improvements to the Pine Meadows Golf Course as determined by the Recreation Committee with the approval of the Board of Selectmen; 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: $150,000 18 DESCRIPTION: The FY97 request of $150,000 is for well drilling to supply the newly reconstructed irrigation pond and to rebuild the 3rd green and 4th tee. This is Phase III of a master plan developed in FY94 by a golf course architect. ARTICLE 20 PLAYGROUNDS AND BALL FIELDS IMPROVEMENTS To see if the Town will appropriate a sum of money to make improvements at selected playgrounds, tennis courts and ball fields; 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 is an annual request to update playgrounds, tennis courts and ballfields. At press time the exact upgrade has not been determined by the Recreation Committee. These projects will comply with the Americans with Disabilities Act which requires accessibility to all new and renovated facilities. ARTICLE 21 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: $2,210,000 DESCRIPTION: This article requests funds to enable the School Committee to continue the capital renovation project begun six years ago. Funds will be used for remodeling, reconstructing and making extraordinary repairs to school buildings, including renovations of classroom space at the elementary and secondary level; redesign of elementary and secondary space at the elementary and secondary schools; replacement of central computer e4tiipment; electrical upgrade throughout the school system; systemwide networking and reroofing of the Harrington Elementary School. 19 ARTICLE 22 LAND ACQUISITION/WOBURN STREET To see if the Town will vote to acquire by purchase, eminent domain or otherwise the land shown as Lot 201 on Assessors' Property Map 48 and known as 10 Woburn Street, now or formerly of Humble Oil and Refining Co., for municipal purposes; and appropriate money therefor and 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; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: Unknown at press time. DESCRIPTION: This article requests funds to purchase the former Exxon Gas Station property for municipal purposes. ARTICLE 23 BUCKMAN TAVERN REPAIRS To see if the Town will appropriate a sum of money to make extraordinary repairs to Buckman Tavern; 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 Selectmen to petition the General Court for an act to validate such appropriation, if necessary; or act in any other manner in relation thereto. (Inserted at the request of the Historical Society) FUNDS REQUESTED: $20,000 DESCRIPTION: The Lexington Historical Society is asking the Town of Lexington for partial support in the amount of $20,000 to renovate the exterior of Buckman Tavern, removing, replacing and repainting all clapboards, at the same time checking for signs of decay or structural weakness. All sashes will be re-glazed as needed. Also, trim and corner boards will be replaced where necessary. 20 CONSERVATION AND PLANNING BOARD ARTICLE 24 LAND ACQUISITION/AUGUSTA PROPERTY To see if the Town will authorize the Conservation Commission to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of land shown as Lot 84 on Assessors' Property Map 30, now or formerly of Augusta; and appropriate money therefor and 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; 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 forested eight acre parcel of land abuts the Great Meadows and the Jack Eddison Memorial Bicycle Path. The topography of the site is gently rolling with areas of wetlands interspersed throughout the property. The site is presently landlocked, with the closest street being Maple Street. ARTICLE 25 WINNING FARM To see if the Town will vote to acquire by purchase, eminent domain or otherwise the land shown as Lots 19 and 20 on Assessor's Property Map 45 and known as Winning Farm, now or formerly of Winning Home, Inc., for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws; and appropriate money therefor and 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; or act in any other manner in relation thereto. (Inserted at the request of Don Deily and nine or more registered voters) FUNDS REQUESTED: Unknown at press time. DESCRIPTION: This article is to save the 9 acre portion of Winning Farm that is in Lexington. Winning Farm is a 116 acre farm that also has 61 acres in Woburn and 45 acres in Winchester. The Farm has been owned by a charitable trust since 1898, but the trustees have decided to sell the property now. If Lexington does not buy it, the property will be bought by a developer, who may build single homes, or possibly high density housing. The exact cost has to be negotiated with the owners. Funding can come from a variety of sources, including bonding and state funds for acquisition of open space. 21 ARTICLE 26 NOTICE OF INTENT FEES To see if the town will appropriate a sum of money for the purpose of administering the Wetlands Protection Act; determine whether the money shall be transferred from available funds; or act in any other manner in relation thereto. (Inserted at the request of the Conservation Commission) FUNDS REQUESTED: $4,662 DESCRIPTION: Under the Massachusetts Wetlands Protection Act G.L. c. 131, S.40, there is a requirement that a notice of intent be filed for any activities affecting areas subject to protection under that law. The Town's share of the filing fee is deposited in a Reserve for Appropriation for Wetlands Protection Fund account. Monies in this Fund are available for appropriation by Town Meeting only for the use of the Conservation Commission in carrying out its duties under the Wetlands Protection Act. Examples of appropriate expenditures from the fund would be the cost of engaging consultants and technical assistance for project reviews and issuing and defending regulatory decisions. The balance in the fund at press time was $4,662. ARTICLE 27 186 GROVE STREET EASEMENT To see if the Town will vote to authorize the Selectmen to release to Ursula and Charles Pike a fifty foot road access easement existing on the northerly property line of a lot owned by them at 186 Grove Street and as shown on Assessor's Property Map 89, Lot 53 in exchange for a fifteen foot walking easement running along the northerly property line of such lot, or act in any other manner in relation thereto. (Inserted at the request of the Conservation Commission) DESCRIPTION: The Town presently has a road access easement through the subject lot which can be used only if an equal amount of abutting conservation land is conveyed to the lot owners. The lot owners will relinquish their existing rights to conservation land and, in addition, will grant the Town a walking easement in exchange for the Town abandoning the road access easement. 22 ARTICLE 28 ZONING BY-LAW, LIVING FACILITIES FOR SENIORS To see if the town will vote to amend the Zoning By-Law as follows: A. In Section 2. Definitions, by deleting the following existing definitions: CONGREGATE LIVING FACILITY, LONG-TERM CARE FACILITY, AND NURSING HOME; and by inserting new definitions after the definition of LIGHT MANUFACTURING, as follows: "LIVING FACILITIES FOR SENIORS ASSISTED LIVING RESIDENCE: A facility as defined by MGL Chapter 19D, providing room and board, which provides assistance with activities of daily living and personal care services for three or more non-related adults. See Subsection 5.6.1. ASSISTED LIVING UNIT: One or more rooms in an Assisted Living Residence designed for and occupied by one or two individuals. See Subsection 5.6.1. CONGREGATE LIVING FACILITY: A non-institutional, shared living environment which integrates shelter and service needs of functionally impaired and/or socially isolated older persons who are otherwise in good health and can maintain a semi-independent life style and who do not require constant supervision or intensive health care as provided by an institution. See Subsection 5.6.1. CONTINUING CARE RETIREMENT COMMUNITY: Includes combinations of independent living residence, congregate living facility, assisted living residence, and long-term care facility within a single facility or on the same tract, offering lifetime housing and a variety of health care, social, and recreational services. See Subsection 5.6.1. CONVALESCENT HOME: Same as "LONG TERM CARE FACILITY" EXTENDED CARE FACILITY: Same as "LONG TERM CARE FACILITY" INDEPENDENT LIVING RESIDENCE: A dwelling that provides accommodations in dwelling units for elderly persons (see definition of ELDERLY). These residences may include common areas, a common dining facility and space for the provision of social, psychological, and educational programs. See Subsection 5.6.1. INTERMEDIATE CARE FACILITY: Same as "LONG TERM CARE FACILITY" LONG-TERM CARE FACILITY: An institution or distinct part of an institution which is licensed by the Massachusetts Department of Public Health to provide 24-hour care under medical supervision to individuals who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves. See Subsection 5.6.1. and by inserting the following terms in the proper alphabetical sequence: ASSISTED LIVING RESIDENCE: see "LIVING FACILITIES FOR SENIORS" 23 CMR: Code of Massachusetts Regulations - Regulations promulgated by agencies of the Commonwealth of Massachusetts MGL.: Massachusetts General Laws NURSING HOME: Same as "LONG TERM CARE FACILITY" REST HOME: Same as "LONG TERM CARE FACILITY" SENIOR CITIZEN: Same as "ELDERLY" SKILLED NURSING FACILITY: Same as "LONG TERM CARE FACILITY" B. In Section 5, Supplementary Use Regulation, Residential Uses, by renumbering the existing Subsections 5.6 and 5.7 and all cross references thereto to be 5.7 and 5.8 respec- tively, and by adding a new Subsection 5.6, as follows: "5.6 LIVING FACILITIES FOR SENIORS 5.6.1 Types and Characteristics of Living Facilities for Seniors: a. Assisted Living Residence: Assisted Living Residences are for frail elders who do not require 24 hour skilled nursing care. Assisted Living Residences provide only single or double Assisted Living Units. The operator of an Assisted Living Facility may also provide optional services on the site, including but not limited to: local transportation; barber/beauty services, sundries for personal consumption and other amenities. b. Assisted Living Unit: One or more rooms in an Assisted Living Residence designed for and occupied by one or two individuals per bedroom as the private living quarters of such individuals. c. Congregate Living Facility: Each resident in a Congregate Living Facility has his/her own bedroom and may have a separate living room, kitchen, dining area, or bathroom, and may share dining, leisure, and other service facilities in common with other older persons, such as in a common dining facility. d. Continuing Care Retirement Community: Continuing Care Retirement Communities may include various types of living facilities for seniors within which residents can stay as their service and health care needs change. e. Independent Living Residence: In addition to separate dwelling units for elderly persons (See Defmition), an Independent Living Residence may include common areas and the provision of meals and social, psychological, and educational programs. f. Long-term Care Facility: Long Term Care Facilities provide assistance with Activities of Daily Living as defined by 651 CMR 12.02, as well as skilled nursing and medical care by a skilled nursing staff." C. In Subparagraph 11.3.1 1) e. by deleting the existing line and by substituting the following: "Congregate Living Facility, Independent Living Residence .75 for each bedroom" 24 D. In Subparagraph 11.3.1 1) f. by deleting the existing line and by substituting the following: "Assisted living residence, group care facility, long-term care facility .4 per bed" E. In Subparagraph 9.2.10 EQUIVALENT DENSITY, RESIDENTIAL ACCOMMODA- TIONS NOT IN DWELLING UNITS, in the last line of the existing sentence by deleting the words "or congregate living facility" after the words "group care facility" and by substituting the following: ", congregate living facility, or assisted living residence" so that the sentence, as amended will read: "1,200 square feet of gross floor area in group quarters, a group care facility, congregate living facility, or assisted living residence" F. In Section 4.2, TABLE 1, PERMITTED USES AND DEVELOPMENT STANDARDS, Line 1.186, by adding ", assisted living residence, independent living residence" so that the line, as amended will read: "Group care facility, congregate living facility, long term care facility, assisted living residence, independent living residence"; or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: The purpose of the proposed amendment is to make the terminology in the Lexington Zoning By-Law consistent with the terminology used by the State agencies that license and regulate the various types of housing for senior citizens. Some of that terminology has changed since the terms were first introduced into the Lexington Zoning By-Law and there are new types of living facilities and terms that are not defined in the By-Law. ARTICLE 29 ZONING BY-LAW, RESIDENTIAL DEVELOPMENT IN SUBDIVISIONS AND RD DISTRICTS To see if the town will vote to amend the Zoning By-Law by making comprehensive changes in Section 9 that deals principally with residential development in subdivisions with three or more dwelling units and in the RD, Planned Residential Development, zoning district and in other sections of the Zoning By-Law that are affected by Section 9; all as set forth in a document entitled: "Comprehensive Revision, Section 9, Residential Development in Subdivisions and RD Districts" which is on file and available for inspection in the offices of the Planning Board and the Town Clerk and in Cary Library, and in accordance with a report and recommendations by the Planning Board to be filed with the town meeting; or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) 25 DESCRIPTION: The proposed revision of Section 9 of the Zoning Bylaw deals with residential development in subdivisions in the one-family dwelling zoning districts and in the RD, Planned Residential Development, zoning district. Among its objectives the amendment proposes to offer more incentives to encourage "cluster" development in which land is divided into: 1) lots for constructing dwellings in one or more groups or "clusters" and 2) common open space. The cluster subdivision concept emphasizes designing a development in relation to the natural characteristics of land and preserving significant pieces of open land. The proposed amendment is more than 20 pages long and, for cost reasons, is not reproduced here. A summary of the proposed revisions, prepared by the Planning Board, is at the end of this Warrant. ARTICLE 30 ZONING BY-LAW, FRONTAGE REDUCTION, LOTS IN A SMALL SUBDIVISION To see if the town will vote to amend the Zoning By-Law: In subsection 7.4.5, FRONTAGE REDUCTION, LOTS IN A SMALL SUBDIVISION,: 1) in the first line by striking out the word "sixty" and inserting in place thereof the word "fifty" so that the line, as amended, will read: "... reducing the minimum lot frontage to not less than fifty percent of that otherwise required by Table 2 ..."; 2) and by adding a new sentence, as follows: "a. its approval of a sketch plan, as defined in the Development Regulations, (showing) that a conventional subdivision could be laid out on the tract, that complies with all applicable requirements of this By-Law and the Development Regulations; or" 3) and by adding a new sentence, at the end, as follows: "In granting such special permit, the Planning Board may attach conditions relative to the yard setback, size and location of dwellings within the subdivision relative to dwellings on other abutting lots."; 4) and by adding a new paragraph at the end, as follows: "In granting such special permit, the Planning Board may also act as the special permit granting authority and grant a special permit to allow a driveway to serve two lots as provided in subparagraph 11.8.c." and in subparagraph 11.8.c., that deals with the location of driveways, in the second sentence, by striking out the words: "... planned residential development ..." and by inserting in place thereof the word: "... subdivision ..." and after the words "... special permit with site plan review (SPS) ..." by adding the words: ".... or a special permit, as provided in subsection 7.4.5., Frontage Reduction, Lots in a Small Subdivision ...." so that the sentence, as amended, will read: 26 "Where the driveway is located in a subdivision for which a special permit with site plan review (SPS) or a special permit, as provided in subsection 7.4.5., Frontage Reduction, Lots in a Small Subdivision, is required, the Planning Board may grant the special permit for the driveway location."; or act in any other manner in relation thereto. (Inserted at the Request of the Planning Board) DESCRIPTION: The Planning Board, with a year's experience working with developers, fords that the 60 percent frontage reduction requirement disqualifies some sites, and, therefore, may force them to be developed by traditional cul de sacs or hammerheads to gain frontage for a second lot. With a 50 percent frontage requirement, more sites could qualify and thus enable the Board to have more flexibility in working with developers. The addition of 2a. allows a sketch plan to be one of the bases for making a decision for approval of the subdivision. The sketch plan stage is a less costly layout and should encourage developers to use this By-Law. The last section dealing with a driveway is added so that the Planning Board, instead of the Board of Appeals, can grant a special permit for a shared driveway. The use of this By-Law applies only to two-lot subdivisions and is granted by special permit; not by right. ARTICLE 31 ZONING BY-LAW, RS TO RD PELHAM ROAD (YOUVILLE PLACE) To see if the town will vote to amend the Zoning By-Law of the Town of Lexington by changing the zoning district designation from RS (One Family Dwelling) to RD (Planned Residential Development) of land on the Westerly side of Massachusetts Avenue and Southerly side of Pelham Road, numbered as 10 Pelham Road and commonly known as the Grey Nuns property, to allow construction of an assisted living facility. The land to be rezoned consists of 12.1 acres (527,444 square feet), more or less, now located in an RS (One Family Dwelling) zoning district and bounded and described as follows: NORTHEASTERLY by Massachusetts Avenue, 623.82 feet; SOUTHEASTERLY by land of the Scottish Rite Masonic Library and Museum, Inc., 560.74 feet; SOUTHWESTERLY by land of the Scottish Rite Masonic Library and Museum, Inc., 150.75 feet; SOUTHEASTERLY by land of the Scottish Rite Masonic Library and Museum, Inc., 387.50 feet; SOUTHWESTERLY by land of the Congregation of Armenian Catholic Sisters of the Immaculate Conception, Inc., 499.15 feet; NORTHWESTERLY by Pelham Road, 1,051.24 feet; 27 said land being more fully described by: (1) a plan entitled "Map of Area to be Rezoned" dated December 28, 1995 by Leonard Design Associates, Arlington, Massachusetts, and (2) 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 such zoning district shall be a plan dated January 11, 1996 filed with the Planning Board and the Town Clerk, or as subsequently revised and filed with the Planning Board and Town Clerk in accordance with the requirements of the Zoning By-Law; or act in any other manner in relation thereto. (Inserted at the request of June Ketterer, S.L.M. and nine or more registered voters) DESCRIPTION: The building at 10 Pelham Road currently includes offices for the provincial administration of the Sisters of Charity of Montreal, the "Grey Nuns," a group residence for members of the Grey Nuns congregation, and an office for Covenant Health Systems, a non-profit company through which the Grey Nuns oversee their health care ministries. The Grey Nuns now desire to renovate and convert the existing building to an assisted living facility. The renovation will involve minimal changes to the exterior of the existing building. Initially, members of the Grey Nuns congregation will occupy about one-half of the units. The facility will also include space for an expanded adult day health care program, and office space for the Grey Nuns and Covenant Health Systems. ARTICLE 32 ZONING BY-LAW, RO TO CD WALTHAM STREET (GRAVESTAR, INC.) 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 to CD, Planned Commercial district, said property being located on the west side of Waltham Street at the boundary of the Town with the City of Waltham to allow construction of a parking area and landscaped open space. The land to be rezoned consists of an approximately 0.8 acre site now located in a RO zoning district and bounded southeasterly by Waltham Street and southwesterly by land in the City of Waltham now or formerly by H and M Realty Trust and Waltham Plaza Realty Limited Partnership and northwesterly and northeasterly by land now or formerly of Lexington Ridge- Avalon, Inc., said property being more fully described in metes and bounds by a plan of the land entitled "Plan of Land in Lexington, MA for Proposed Rezoning", dated December 27, 1995 by Hancock Survey Associates, Inc., Danvers, 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. 28 The preliminary site development and use plan for the CD - Planned Commercial district shall be a plan dated January 10, 1996 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 at the request of Natalie H. Riffin and nine or more registered voters) DESCRIPTION: This citizens' petition submitted on behalf of Gravestar Inc. affects a partially paved 0.8 acre parcel of land on the west side of Waltham Street at the Town's boundary with the City of Waltham. The parcel is located between the Lexington Ridge housing development and the Star Market in Waltham. The rezoning would permit approximately 40 parking spaces. More than half of the area of the parcel would be preserved as open space. New landscaping would be added and most existing plant material would be preserved. ARTICLE 33 ZONING BY-LAW, CS TO RS MARRETT ROAD (BUTLER) To see if the town will vote to amend the Zoning By-Law of Lexington by changing the zoning district designation of the land described below from the CS-Service Business district to the RS-One Family Dwelling district, said property being 577-581 Marrett Road (Rt. 2A) next to the Shell Gas Station near the intersection of Lincoln Street & Marrett Road; said property being commonly known as the Lawless Motors property. The land proposed to be rezoned consists of an approximately 1.58 +/- acre site that is now located in a CS-Service Business zoning district and is bounded Northerly by the Town of Lexington Conservation Land, Westerly, by the Five Forks Shell Station, Southerly by Marrett Road (Rt. 2A) and Easterly by the Osgood's property; said property being more fully described in metes and bounds by a plan of the land dated June 9, 1993 by the Drake Associates, Inc., Framingham, 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; or act in any other manner in relation thereto. (Inserted at the request of Jill P. Butler and Joseph J. Butler of Butler Realty Trust, the property owner.) DESCRIPTION: This citizens' petition submitted in behalf of the Butler Realty Trust would change the zoning district from CS-Service Business to RS-One Family Dwelling. The purpose of this request is to allow the development of single family residences. 29 GENERAL ARTICLES ARTICLE 34 USE OF DRIVEWAY ON PHILIP ROAD To see if the Town will authorize the Board of Selectmen to grant a permanent easement to Anthony and Beatrice Busa to continue to use the existing portion of their driveway located at 18 Philip Road that extends onto Lot 42B shown on Assessor's Property Map 15; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: The Town of Lexington owns certain property on Philip Road. Anthony and Beatrice Busa own certain property located at 18 Philip Road. A survey revealed that a portion of the Busa's driveway extends onto the Town property. Pursuant to a Settlement Agreement relating to the building of a home on the Town property, the Town agreed to convey an easement to permit the continued use of the driveway. Town Meeting approval is necessary. ARTICLE 35 WOOD STREET LAND/MINUTEMAN NATIONAL PARK To see if the Town will vote to reconfirm the discontinuance of Old Wood Street, so-called, as shown between Lots 71A and 83 on Assessor's Property Map 51, and authorize the Board of Selectmen to convey the Town's interest in the land to the Minute Man National Historical Park; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: The Minuteman National Historical Park has requested the Town make available a portion of Old Wood Street to improve the visitor's access trail at the Minute Man National Historical Park. ARTICLE 36 ACCEPT QUINN BILL To see if the Town will vote to accept Section 108L of Chapter 41 of the Massachusetts General Laws, relating to a police career incentive pay program; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) 30 DESCRIPTION: The "Quinn Bill", G.L.c.41,§108L which is effective in those municipalities which have accepted its provisions, provides for base salary increases for regular full-time police officers who obtain degrees in certain accredited educational institutions. It further provides: "Any city or town which accepts the provisions of this section and provides career incentive salary increases for police officers shall be reimbursed by the commonwealth for one half the cost of such payments upon certification by the board of higher education." ARTICLE 37 MUNICIPALIZATION OF UTILITIES To see if the Town will vote to authorize the Department of Public Works with the approval of the Board of Selectmen to pursue the municipalization of utilities and the creation of a municipal gas and electric company; and to authorize the Board of Selectmen to petition the General Court for an act, if necessary, to clarify the procedures which must be followed by the Town to carry out such action; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: Changing laws in the utility industry is allowing greater competition. Already large industries are taking advantage and winning price cuts. It is our concern that the small retail customer will ultimately pay for those and have no leverage to negotiate better rates. However, the Town could municipalize or act on behalf of its citizens as a load aggregator to protect their interests as well as possibly secure lower rates for them. ARTICLE 38 NESWC AGREEMENT To see if the Town will vote to authorize the Selectmen to take such action as may be requested by the North East Solid Waste Committee ("NESWC") to implement the NESWC strategic plan as that plan relates to the Town, including without limitation entering into an agreement with Massachusetts Refusetech, Inc. ("MRP") the provisions of which will (i) supplement or replace provisions of the existing Service Agreement between the Town and MRI, (ii) extend the Service Agreement term to June 30, 2015 or such other date as the Selectmen shall approve and/or (iii) provide for a revised service fee and such other terms and conditions as the Selectmen shall determine as necessary and in the best interests of the Town; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) 31 DESCRIPTION: At press time, NESWC and Wheelabrator Technologies logies were continuing to meet to discuss long-term strategic alternatives to the current contract. It is anticipated that a formal proposal could be available for consideration when this article comes before Town Meeting. ARTICLE 39 MARION ANGOFF 1. Marion Angoff resigned her 25-year Lexington High School English Department teaching position receiving a superior, composite written recommendation with which to obtain post Lexington employment. 2. Angoff superiors contributing to the written recommendation denied standard prospective employer verbal validation inquiries within/without education, repeatedly trashing recommendation contents. 3. Unemployable, Angoff lives sub poverty level, Academic Year 1992-1993 Massachusetts Teacher of the Year Nomination notwithstanding. What shall be the remedy? (Inserted at the request of James T. Lape and other registered voters) DESCRIPTION: Marion Angoff requests back pay with interest to June, 1987, and future pay to retirement at age 65, which would include seniority, longevity, sick leave buy back and any other monies in remuneration for damages incurred. 32 ARTICLE 40 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. And you are directed to serve this warrant seven days at least before the time of said meeting as provided in the By-Laws 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 twelfth day of February, A.D., 1996. Leo P. McSweeney, Chairman William J. Dailey, Jr. Board Daniel P. Busa, Jr. of Dan H. Fenn, Jr. Selectmen Elizabeth B. Eddison A true copy, Attest: William Young Constable of Lexington 33 TOWN MEETING MEMBERS At Large Margery M. Battin 15 Paul Revere Road Daniel P. Busa, Jr. 6 Farm Road Norman P. Cohen 56 Coolidge Avenue William J. Dailey, Jr. 1 Bushnell Drive Elizabeth B. Eddison 20 Nickerson Road Bernice H. Fallick 4 Diehl Road Dan H. Fenn, Jr. 59 Potter Pond Jay R. Kaufman 1 Childs Road Leo P. McSweeney 84 Shade Street Precinct 1 Term Expires 1998 John P. Breen 8 Crescent Hill Avenue Jonathan G. Cole 23 Whipple Road Joseph J. Dini 16 Sanderson Road Nancy C. Gordon 10 Fiske Road Barry E. Sampson 8 Brandon Street Thomas B. Sullivan 9 South Rindge Avenue James S. Wilson 155 Emerson Gardens Road Term Expires 1997 Joel A. Adler 22 Village Circle Laura L. Boghosian 4 Russell Road Jean W. Cole 23 Whipple Road James A. Nicoloro 4 Winship Road Charles E. Shaw 219 Lowell Street Joseph J. Volante 85 Lowell Street Judith L. Zabin 1 Page Road Term Expires 1996 Nancy M. Adler 22 Village Circle James E. Barry 10 Crescent Hill Avenue John E. Curry 33 Sanderson Road Marsha S. Goldberg 49 Sanderson Road Paul G. Topalian 46 Circle Road Albert P. Zabin 1 Page Road *Mary Bowes 32 Arcola Street *Francis V. Busa 42 Lowell Street *Norma Dominick Floyd 16 Oxford Street Precinct 2 Term Expires 1998 Karen A. Dooks 5 Mohawk Drive Jennifer L. Hartshorn 28 Locust Avenue Myla Kabat-Zinn 58 Oak Street Barry Orenstein 132 Follen Road Term Expires 1997 Marian A. O. Cohen 8 Plymouth Road Heather L. Hartshorn 28 Locust Avenue Marita B. Hartshorn 28 Locust Avenue Michael J. O'Sullivan 12 Aerial Street Alan B. Wilson 33 Oak Street Donald D. Wilson 36 Fern Street *New Candidates 34 Term Expires 1996 Robert W. Cunha 10 Stevens Road Thomas R. Diaz 10 Tower Road Leonora K. Feeney 4 Moon Hill Road Paul H. Lapointe 224 Follen Road Daniel A. Lucas 3 Tower Road Rene D. Varrin 30 Dawes Road Christina J. Welch 41 Locust Avenue Carolyn C. Wilson 33 Oak Street *Timothy P. Enright 241 Worthen Road East Precinct 3 Term Expires 1998 Robert N. Cohen 10 Grassland Street Bruce Collier 2 Barberry Road Shirley Rauson Frawley 68 Potter Pond Paul E. Keane 17 Woodcliffe Road Marjorie K. Madoff 27 Normandy Road Marilyn K. Mairson 29 Lawrence Lane Mary E. Neumeier 2 Pitcairn Place Term Expires 1997 Samuel Berman 11 Barberry Road Jacqueline B. Davison 86 Spring Street Carol J. Grodzins 15 Barberry Road Jeanne K. Krieger 44 Webster Road Robert Rotberg 14 Barberry Road Caleb Warner 546 Concord Avenue Term Expires 1996 John P. Carroll 29 Allen 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 *Richard R. Eurich 7 Pitcairn Place *Paul J. Rose 748 Waltham Street *John H. Sellars 430 Concord Avenue *Franklin J. Sorrento,Jr. 430 Concord Avenue Precinct 4 Term Expires 1998 Nyles Nathan Barnert 142 Worthen Road Nancy M. Cannalonga 120 Kendall Road Christina E. Coughlin 17 Outlook Drive John L. Davies 18 Prospect Hill Road Sandra J. Shaw 51 Wachusett Drive Ruth S. Thomas 10 Parker Street Judith J. Uhrig 15 Vine Brook Road Term Expires 1997 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 Frederick L. Merrill, Jr. 22 Downing Road Susan B. Peltz 8 Jackson Court *New Candidates 35 Michael Wagner 44 Prospect Hill Road Term Expires 1996 Donald A. Chisholm 166 Lincoln Street Ronald W. Colwell 127 Kendall Road Peter David Enrich 35 Clarke Street Margaret F. Rawls 9 Winthrop Road Nicholas Santosuosso 2 Washington Street Jeanette P. Webb 22 Fair Oaks Terrace Martin K. White 50 Bloomfield Street *Scott F. Burson 58 Sherburne Road South *Robert A. Leone 54 Baskin Road Precinct 5 Term Expires 1998 Howard Cravis 6 Rogers Road Irene M. Dondley 22 Leonard Road Andrew J. Friedlich 22 Young Street Paul E. Hamburger 18 Cooke Road Sally S. Huebscher 52 Solomon Pierce Road Carol A. Liff 19 Douglas Road Charles T. Vail 66 Woburn Street Term Expires 1997 Marsha F. Byrnes 3 Blodgett Road Steven Colangelo 172 East Emerson Road Ira W. Crowe 47 Grant Street Margaret C. Nichols 4 Rumford Road Sam Silverman 18 Ingleside Road Melinda D. Vinton 11 Leonard Road Mary Kathryn Wolf 116 East Emerson Road Term Expires 1996 William H. Copp, Jr. 5 Solomon Pierce Road Wallace Cupp 141 Woburn Street Elaine Dratch 2 Maureen Road Joseph F. Gilbert, Jr. 231 Woburn Street John Hayward 358 Woburn Street Ephraim Weiss 462 Lowell Street David G. Williams 1433 Massachusetts Avenue *Don Deily 3 Marshall Road *Samuel L. Powers 7 Dunham Street Precinct 6 Term Expires 1998 Suzanne E. Barry 159 Burlington Street Florence A. Baturin 11 Alcott Road Priscilla Diamond 15 Franklin Road Joseph L. Faber 43 Somerset Road Alan J. Lazarus 22 Woodland Road Dennis M. O'Connor, Jr. 16 Seaborn Place Term Expires 1997 Cynthia L. Blumsack 15 Holmes Road Marjorie M. Daggett 9 Burroughs Road Edmund C. Grant 27 Grove Street Jane Pagett 10 Oakmount Circle Edith Sandy 353 North Emerson Road *New Candidates 36 Edith Sandy 353 North Emerson Road Frank Sandy 353 North Emerson Road Sheldon A. Spector 26 Suzanne Road Term Expires 1996 Michael R. Barry 159 Burlington Street Jason Berger 9 Glen Road Marshall J. Derby 23 Suzanne Road David L. Kaufman 152 Burlington Street Richard Pagett 10 Oakmount Circle Ronald B. Pawliczek 25 Flintlock Road Term Expires 1996 William B. Simmons 82 North Street *Peter Diamond 15 Franklin Road *Mark C. French 6 Abbott Road *Anne A. Ripley 83 Hancock Street *John S. Willson 16 Hathaway Road Precinct 7 Term Expires 1998 George A. Burnell 4 Eaton Road Clark A. Cowen 104 Fifer Lane Gordon M. Hardy 52 North Hancock Street Linda Horowitz 123 Blake Road David G. Miller 23 Fifer Lane Joyce A. Miller 23 Fifer Lane Term Expires 1997 Marsha E. Baker 46 Burlington Street Robert G. Coyne 2 Heritage Drive Alan Garber 7 Linmoor Terrace Richard T. Howe 9 Fuller Road Fred H. Martin 29 Dewey Road Anjan Mukherjee 40 Winter Street Term Expires 1996 Neal E. Boyle, Jr. 23 Pine Knoll Road Robert M. Farias 21 Eldred Street Audrey J. Friend 84 Fifer Lane Martin Horowitz 123 Blake Road James J. Scanlon 41 Drummer Boy Way John E. Taylor 11 Linmoor Terrace James C. Wood, Jr. 51 Gleason Road Martha C. Wood 51 Gleason Road *Catherine M. D. Abbott 38 Eldred Street *Steven L. Colman 52 Gleason Road *Glen Franks 36 Eldred Street *Jonathan S. Lederman 15 Drummer Boy Way *Matthew Proujansky 7 James Street *Muriel Taylor 20 Dewey Road Precinct 8 Term Expires 1998 Elizabeth J. Bryant 18 Liberty Avenue Anne E. Frymer 64 Asbury Street Diana T. Garcia 3 Gerard Terrace Alan Mayer Levine 54 Reed Street *New Candidates 37 H. Bigelow Moore 50 Hancock Street James A. Osten 8 Revere Street Robert V. Whitman 5 Hancock Avenue Term Expires 1997 Richard H. Battin 15 Paul Revere Road Susan A. Elberger 37 Vaille Avenue Steven J. Hurley 70 Reed Street Donald Jenkins, Jr. 19 Childs Road Paul W. Jenkins 19 Childs Road Morton G. Kahan 44 Hancock Street Carolyn H. Tiffany 109 Reed Street Term Expires 1996 Roger F. Borghesani 24 Hastings Road Florence E. Connor 12 Cedar Street John T. Cunha 11 Homestead Street Ione D. Garing 157 Cedar Street Charles Hornig 75 Reed Street Richard A. Michelson 54 Asbury Street Margaret Bradley Schwartz 48 Bellflower Street *Donald L. Bailey 84 Reed Street *Cerise Jalelian 9 Lois Lane *Setha G. Olson 3 Brigham Road Precinct 9 Term Expires 1998 Anthony B. Close 174 Wood Street Margaret E. Coppe 12 Barrymeade Drive Thomas 0. Fenn 16 Middle Street David J. Harris 18 Eastern Avenue Frank J. Kava 60 Shade Street Henry Norman Manz 14 Ellison Road Richard M. Perry 16 Ellison Road Term Expires 1997 Richard L. Canale 29 Shade Street Susan R. Cusack 58 Middle Street Paul E. Mazerall 32 Roosevelt Road Dawn E. McKenna 2564 Massachusetts Avenue Janet M. Perry 16 Ellison Road Loretta A. Porter 2318 Massachusetts Avenue Fred D. Rosenberg 76 Wood Street Term Expires 1996, Alice J. Adler 10 Nickerson Road Louise v. T. Kava 60 Shade Street Janice A. Kennedy 135 Wood Street Isabel H. Mroczkowski 4 Frances Road Richard Schaye 7 Jean Road Michael E. Schroeder 2 Welch Road *Michelle L. Ciccolo 215 Wood Street *New Candidates 38 ELECTION INFORMATION Local Election - Monday, March 18, 1996 Polling Hours - 7 a.m. to 8 p.m. Polline 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 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. 39 A N G T i 7----,: --,:r AVP*,-1/,C .\\ 7. 1 Fe c-,,..: ,) .,,. ‘) \\-',1,1171 r WO . i . \7-- 4 RIPPI . 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',f( al.i: 1 ii i r is � @ 1 ..� V411%, ;;;•011,t4;41-,11A , V iirN - ' .._ , ,,,,_ ,:ra ,-- At .2.. iiii . e• : th — 4..,, - ' *i• t ,,,,LIS. -tki-_.--iiev ---- „,,1.u...Tw. :: gikW"'" 117111:01, . 7 01 � itvt, ...,-<,4--ro .. l' ,;' .:44.‘.,,„,41, ;At'- \ ' I\,, 4b* IV ..." ' ,,'V.'4v,v, ' "V ,e //pr '"q'f.-'-•ail ', 4te 'Ilka4. 1k 7 c-,,„ 4.,:...„ et. ..„\\ /,w,t `� � G :40 ., ;' :./.' .7„,./ Air it . , , ,. \ \ . .r. p•erry ,� ,�e�' O %a 411110\ I�'.i ' , N / S,y Nil 8 Al 6 CALENDAR OF EVENTS Monday, March 18, 1995 Town Elections Polls Open - 7:00 a.m.-8:00 p.m. Sunday, March 24 - 1:00 p.m. TMMA Information Meeting Start In Front of Cary Hall Tentative Bus Tour Tuesday, March 26 - 7:30 p.m. Moderator's Workshop for New Town Selectmen's Meeting Room Meeting Members Wednesday, March 27 - 7:30 p.m. TMMA Information Meeting Clarke Middle School Auditorium Thursday, March 28 - 7:30 p.m. TMMA Information Meeting Clarke Middle School Auditorium Saturday, March 30 - 9:30 a.m. Moderator's Meeting with Selectmen's Meeting Room Article Sponsors Tuesday, April 2 - 7:30 p.m. TMMA Information Meeting Clarke Middle School Auditorium Monday, April 8 - 8:00 p.m. Town Meeting begins (No Town Meeting School Vacation Week, April 15-19) 42 v w PLANNING BOARD Ems Town of Lexington, Massachusetts , 1ti Jacqueline B. Davison, Chairman 1625 Massachusetts Avenue Richard L. Canale, Vice Chairman Lexington, MA 02173 Frederick L. Merrill, Jr., Clerk (617) 861-2745 Edmund C. Grant Facsimile: (617) 861-2780 John L. Davies February 6, 1996 ARTICLE 29 COMPREHENSIVE REVISION, SECTION 9, RESIDENTIAL DEVELOPMENT IN SUBDIVISIONS AND RD DISTRICTS OBJECTIVES AND SUMMARY The Planning Board proposes this comprehensive revision of the existing Section 9 of the Zoning By-Law to provide incentives to permit "cluster subdivision" to be an attractive alternative to development by a "conventional" subdivision. (See a description of these terms below.) Section 9 applies to subdivisions with three or more dwelling units. The Lexington Zoning By-Law has permitted cluster subdivision since 1966. The cluster subdivi- sion provisions were overhauled in 1985. This proposed amendment results from an evaluation of the 10 plus year experience with the 1985 revision. That evaluation shows that subdivisions constructed in the one-family zoning districts have been, almost exclusively, "conventional" subdivisions (see Terms on the following page) in which very large single family houses are built on individual lots. Houses and roads are often sited to provide the maximum number of lots without respect to the natural features of the land being subdivided. No common open space is provided. The Planning Board has been attempting to encourage cluster subdivisions because they provide an opportunity to maintain some open land in its natural state and the flexibility to site buildings better in relation to the natural features of the land. Few cluster subdivisions have been built because there was not sufficient incentive for builders to use this alternative. Some have argued that the present By-Law has disincentives for cluster subdivisions. At the least this proposed revision seeks to level the playing field so that the development of cluster subdivisions is as - attractive as conventional subdivisions. 43 Terms In a "cluster subdivision" a tract of land is divided into: 1) lots for constructing dwellings in one or more groups or "clusters" and 2) common open space. The common open space may be in one or more locations and may separate groups of dwellings from each other. The cluster subdivision concept emphasizes designing a development in relation to the natural characteristics of land and preserving significant pieces of open land. Flexibility is encouraged and requirements for minimum lot area, minimum lot frontage and yard setbacks may be relaxed to permit dwellings to be grouped together in exchange for larger areas of open land. In a "conventional" or standard subdivision, all of the land is divided into lots that meet requirements for minimum lot area, minimum lot frontage and yard setbacks. There is no common open land. All of the open land is divided into the private yards of the individual lots. The design of a conventional subdivision typically places a premium on geometry — laying out lots that meet the minimum requirements for lot frontage and lot area —to achieve the maximum number of lots on a tract of land. Among planners, a conventional subdivision is often criticized as an example of "suburban sprawl". Density, Impact of Development For years, due to concerns about density, i.e., the number of dwelling units per acre, Lexington has not permitted any more dwellings to be built in a cluster subdivision than could be built in a conventional subdivision on the same parcel. That was based on the assumption that more dwelling units would produce more buildings, more people and more automobile traffic. However the typical dwelling unit in a cluster subdivision is smaller, has fewer people and fewer automobiles than the large single family houses now being built in a conventional subdivision. Now, with advances in its computer systems, the Town has data on the size, occupancy and automo- biles registered at various types of dwelling units to measure the actual, not the assumed, impacts of different types and sizes of dwelling units. The proposed amendment is based on the impacts of proposed types and sizes of dwelling units. While calculation of the number of dwelling units will no longer be a factor, the proposed amendment respects the town's long standing concern and does not allow the impacts of a cluster subdivision to exceed those from a conventional subdivision on the same land. The proposed amendment defines five "measures of the impact of dwelling units" — the total gross floor area, the total living area, the total site coverage, the projected total number of occupants, and the projected total number of vehicle trips —to compare different types and sizes of dwellings. The total impact from all dwellings in a cluster subdivision, according to each of those five measures, calculated separately, cannot exceed the corresponding impact from the maximum number of dwellings permitted in a conventional development on the same land. This type of zoning is called "performance" zoning because it is based on the actual impact of a development rather than a numerical count of dwelling units and assumptions about what the impact of that number of dwelling units might be. 44 The proposed amendment contains numerical values of the five "measures of the impact of dwelling units" based on data about houses built in Lexington in the last five years — drawn from the Town's records. Those numerical values can be compared to data about other types of permitted dwellings such as a townhouse or a duplex that are also drawn from the Town's records. Incentive Zoning The proposed amendment offers various incentives for cluster subdivisions. The first incentive is to eliminate the existing disincentives. In a cluster subdivision, where dwelling units are smaller, the sale price of a dwelling unit can be about $300,000 less than a very large house in a conventional subdivision. As long as the number of dwelling units cannot be any greater in a cluster subdivision than in a conventional subdivision, builders will use the conventional approach. The proposed amendment eliminates the limitation on the number of dwelling units and bases the maximum development in a cluster subdivision on the impact of the proposed development. The impact from a cluster subdivision can not be greater than that from a conventional subdivision. A second incentive is the flexibility the Planning Board has to reduce the usual yard setback, lot area and lot frontage requirements. That frees designers and land planners from the geometric imperatives characteristic of a conventional subdivision and permits them to locate buildings and roads more sensitively in relation to topography, stands of trees, stone walls and other natural features. That enhances the market value of the property and may reduce the cost of construction. A third incentive is included in the formula for calculating the maximum amount of permitted development in the two types of subdivisions to favor cluster subdivisions. Additional Incentive, Developments with Significant Public Benefit In addition to the incentives offered to basic cluster subdivisions, the proposed amendment offers a third choice to developers. It introduces to Lexington another type of incentive zoning — that offers a developer the economic incentive of more dwelling units in exchange for a public facility or amenity. This incentive zoning technique has been used for years in other suburbs to offer additional dwelling units in exchange for open space or housing for senior citizens, for example, and in cities to offer additional stories in office buildings in exchange for constructing a street level plaza, a day care facility, or a connection to a subway system. This additional level of incentive is called a "development with significant public benefit" in which certain cluster developments can "earn" additional development potential in exchange for providing extraordinary public facilities or amenities. The proposed amendment lists an array of public benefits such as preservation of a historic structure, protection of open land that is dry and otherwise developable, provision of public recreation facilities, installation of paths to provide pedestrian and bicycle access to open space or other public facilities, placement underground of electric power lines and communication lines, provision of housing units for low- and moderate-income households, provision of alternate transportation services that do not rely on the use of single occupant automo- biles, and construction of water, sanitary sewer, or storm water management systems. 45 The Comprehensive Revision of Section 9 Offers a Developer Three Alternatives: 1. a conventional subdivision with individual houses on individual lots; 2. a basic type of cluster subdivision with maximum development based on the requirement that the impact of the development cannot exceed that from a conventional subdivision; 3. a "development with significant public benefit" in which certain cluster developments can "earn" additional development potential in exchange for providing extraordinary public facilities or amenities. • In each case the "significant public benefit" offered would have to be above and beyond the improve- ments normally required for the development. They would usually be provided in the adjacent neighborhood or on the site. If that is not feasible, the Planning Board may also consider a financial contribution to one or more Town funds established for the public purposes listed in the amendment. Prior to determining whether there is a significant public benefit that qualifies to receive the development incentive, the Planning Board will be required to consult with one or more Town boards, committees, commissions, departments or officials that have responsibility for the type of benefit proposed. For example, the Planning Board will be required to consult with the Recreation Committee and the Bicycle Advisory Committee about a proposed bikepath or with the Historical Commission about the preservation of a historic structure. The Planning Board is already required by the Zoning By-Law and its Regulations to hold both a public information meeting on a preliminary plan and a legally advertised public hearing on the final plan. In contrast to a conventional subdivision which, according to the State Subdivision Control Law, must be approved if it complies with the Zoning Bylaw and the Board's Subdivision Regulations, an applicant is not entitled to approval of a cluster subdivision. Approval is at the Board's discretion and requires the affirmative vote of four of the five Board members. Also, the proposed amendment clearly states that an applicant is not entitled to the maximum permitted development. The Board can approve a development smaller than what the developer requests. Benefits to the Town There are numerous advantages to the town whether it is the basic cluster subdivision or the "development with significant public benefit" with its economic incentives. The flexibility offered should produce better quality site planning with more emphasis on design sympathetic to the natural character of the land. More open space will be retained instead of being cut up into house lots. Another benefit is that in these constrained fiscal times, the Town will receive some improvements and facilities that in earlier years it might have purchased. The Town now has intense competition within the limits of Proposition 21/2 for money to both operate basic Town services and meet its capital needs. The Town needs to repair and modernize its facilities such as the schools, the streets 46 and utilities, the public works garage, and provide needed expansion space for Cary Library and the Senior Center. For instance the cluster subdivision technique permits at least the protection of, or even the deeding to the Town, of open space without appropriating Town money. Similarly the proposed amendment lists choices for providing or expanding facilities such as water, sewer or drainage services; street trees and other landscaping features; sidewalks, footpaths or bicycle paths; recreation facilities; and affordable housing, all of which would be provided at the developer's expense. Design considerations are included in the criteria which the Planning Board must use prior to approval. The proposed amendment provides: "... buildings [should have] the exterior appearance of a one-family dwelling..." and "... new types of dwellings [must] relate to the predominant characteristics of the adjacent one- family detached dwellings with respect to scale, mass, setback, proportions and materials". Another visual amenity is the incentive to place overhead wires in a neighborhood underground. The proposed amendment encourages a greater variety in the types of new housing constructed in town in response to Lexington's changing demographic characteristics. Smaller housing units, more suitable for "empty nesters" and retirees can be constructed in a style and with impacts that are compatible with single family neighborhoods. In contrast with large single family houses in conven- tional subdivisions, those smaller housing units typically have few school aged children. ***************************************************************************** Copies of the full text of the proposed revision of Section 9 are available in Cary Library and in the Planning Board office. A public hearing on the proposed amendment will be held Monday evening, March 11, at 8:00 p.m. in Cary Memorial Hall. 47 [blank]