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
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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)
•
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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
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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;
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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)
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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
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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
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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
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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)
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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.
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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.
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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
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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.
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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
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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.
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