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HomeMy WebLinkAbout1998-03-02-TE-Warrant-and-1998-03-23-STM-and-ATM-Warrant Local Election March 2, 1998 Warrant for Special Town Meeting March 23, 1998 TOWN OF LEXINGTON WARRANT To the 1998 ANNUAL TOWN MEETING 1 .1/0 TOWN FINANCE TERMINOLOGY The following terms are frequently used in the annual town report and at the town meeting. In. order to provide everyone with a better understanding of the meaning, the following definitions are provided. AVAILABLE FUNDS - "FREE CASH" The amount certified annually by the Bureau of Accounts,Department of Revenue. The certified amount is the Unreserved Fund Balance less all outstanding taxes. This fund may be used by a vote of the town meeting as available funds for appropriation. AVAILABLE FUNDS - OTHER Usually refers to balances in special funds or to balances remaining in specific articles previously appropriated. These balances become available for re-appropriation by Town Meeting (or are returned to the town's general fund balance). "CHERRY SHEET" A financial statement issued by the State on cherry-colored paper that itemizes state aid due to the town, and charges payable by the town to the state and county. The assessors need the Cherry Sheet to set a tax rate. ENTERPRISE FUND A self-supporting account for a specific service or program that the town operates as a separate "business." Enterprise funds do not depend on taxes for operating revenue. For example, water operations are funded through the water enterprise fund,which receives funds from a consumption based fee system. Ideally, enterprise resources and expenditures should balance over time. Funds in enterprise accounts do not revert to the general fund at the end of the fiscal year. OVERLAY The overlay is the amount raised by the Assessors in excess of appropriations and other charges for the purpose of creating a fund to cover abatements granted by the Board of Assessors. RESERVE FUND This appropriation is voted at the annual town meeting in an amount not to exceed 5% of the tax levy of the preceding year. Transfers from the reserve fund are approved by the Appropriation Committee and may only be used for "extraordinary or unforeseen expenditures." TABLE OF CONTENTS Page Town Finance Terminology Inside Front Cover Warrant for Special Town Meeting 3 Board of Selectmen's Message 5 WARRANT FOR ANNUAL TOWN MEETING Article 1 Elections 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(FY98) 13 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 Sewer System Rehab Program 15 Article 11 Street Related Improvements 15 Article 12 Street Reconstruction 16 Article 13 Street Acceptance and Construction 16 Article 14 Public Works Equipment 17 Article 15 Town Building Envelope Program 17 Article 16 Bedford Street Traffic Signals 17 Article 17 DPW Facility Study 18 Article 18 Landfill Study 18 OTHER FINANCIAL Article 19 Purchase Fire Equipment 19 Article 20 Purchase Elections Optical Scan System 19 Article 21 Pine Meadows Equipment 19 Article 22 Playgrounds and Recreation Facilities Improvements 20 Article 23 School Capital Project 20 Article 24 School Capital Project 21 Article 25 School Technology Program 21 Article 26 Board of Health—Title V 22 Article 27 Mass. Historical Commission Matching Grant 22 Article 28 Stabilization Fund 23 Article 29 Rescind Unused Borrowing Authority 23 1 CONSERVATION AND PLANNING BOARD Article 30 Amend Article XXXII of General By-Laws, Wetlands Protection 24 Article 31 Land Acquisition 24 Article 32 Wireless Communications Antennas 25 Article 33 Small Lots 25 Article 34 Conversion of One Family Houses 26 Article`35 Technical Corrections 27 Article 36 Nonconforming Parking, Lexington Center 28 Article 37 Maximum, Minimum Parking 28 Article 38 Transportation Demand Management 29 Article 39 Procedures, Planned Development Districts 30 Article 40 Outdoor Lighting 32 Article 41 Amendment to Zoning By-Law—Parking Requirement for Secondary Schools 33 GENERAL ARTICLES Article 42 Guidelines for Financing Capital Expenditures 33 Article 43 LexHAB Requirements 33 Article 44 Change Date of Annual Town Election 34 Article 45 Transfer Spencer Street Land to Conservation Commission 34 Article 46 Transfer Hennessy Field Property to Conservation Commission 35 Article 47 General By-Law Amendment—Hunting and Trapping 35 Article 48 Easement—Dunback Meadow 36 Article 49 Amend General By-Laws—Town Meeting 2/3 Vote 36 Article 50 Accept Sec.22F of Ch.40 of the M.G.L 36 Article 51 Accept Sec.147A of Ch.140 of the M.G.L. 37 Article 52 Amend Article XXVIII of the General By-Laws, Animals 37 Article 53 Land Transfer/Sedge Road—LexHAB 37 Article 54 Accept Sec.103 of Ch.32 of the M.G.L 38 Article 55 Petition General Court for Act Relating to Retirees 38 Article 56 Board of Health—Non-Criminal Disposition 38 Article 57 Historic Districts Commission—Non-Criminal Disposition 39 Article 58 Accept Sections 42A-42F of Ch.40 and 16A-16F of Ch.83 of the M.G.L. 39 Article 59 Accept and Abandon Drainage Easement—Grassland Street 39 Article 60 Regional Intergovernmental Agreement—Hazardous Waste 40 Article 61 Use of Funds to Reduce Tax Rate 40 List of Town Meeting Members 41 Election Information 47 Map 48 FY 99 Appropriation/Revenue History 50 FY 98 Appropriations and FY 99 Proposed 51 Calendar 52 2 TOWN WARRANT TOWN OF LEXINGTON SPECIAL 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 Cary Memorial Hall, in said Town on the twenty-third day of March, 1998, at 8:30 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 by Section eight of said Chapter, as amended. ARTICLE 1 PORTABLE CLASSROOMS To see if the Town will appropriate a sum of money for the purchase of portable classrooms for the School Department; 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: $1,500,000 DESCRIPTION: This article requests funding for the purchase of 13 portable classrooms at the elementary and secondary school level. ARTICLE 2 SUPPLEMENTARY APPROPRIATION AND LABOR CONTRACT APPROVAL To see if the Town will make supplementary appropriations to fund cost items included in collective bargaining agreements; 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: $127,325 3 DESCRIPTION: Supplemental funding of$127,325 is requested to fully fund a recent arbitration award by the Joint Labor Management Committee relating to the contract with Local 1491 International Association of Fire Fighters. Funding was set aside in anticipation of this award. The total required to fund the award is $354,481. Funds totaling $227,156 were appropriated in Fiscal Years 1995, 1996 and 1997 in anticipation of this award. And you are directed to serve this warrant fourteen 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 this second day of February, A.D. 1998. Leo P. McSweeney, Chairman Daniel P. Busa, Jr. Dan H. Fenn, Jr. Elizabeth B. Eddison Peter D. Enrich Selectmen of Lexington A true copy, Attest: George Anderson Constable of Lexington 4 pi \3 -APRIL as C` o un of exington, 4Inssarli xsetts \Fx)N0 7' OFFICE OF SELECTMEN LEO P.McSWEENEY,CHAIRMAN DANIEL P.BUSA,JR. TEL.(617)861-2708 DAN H.FENN,JR. (617)861-2710 ELIZABETH B. EDDISON FAX:(617)863-9468 PETER D.ENRICH 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 1999. The Board of Selectmen is 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 $90,623,103 as expenditures for FY99, a 6.2% or $5,269,499 increase over FY98. The budget will be balanced with expected revenue of$58,742,934 from the tax levy, $7,629,755 in State aid, $7,177,279 in local receipts, $3,130,595 in other available funds and $13,942,541 enterprise revenue from the water, sewer and recreation operations. The Board is continuing in its review of the following issues: School Budget FY99 Request FY99 Manager Recommended Difference $46,541,739 $43,959,321 $2,582,418 The School Superintendent has submitted a budget that proposes a$4,137,996 or 9.8% increase in expenditures for FY99. The Manager's proposed budget is $2,582,418 less than the Superintendent's requested amount. Developing a Policy on Operating and Capital Reserves The Board of Selectmen wishes to continue the progress made at last year's Annual Town Meeting in developing a cash reserve policy that, when fully implemented, protects the long term fiscal health of the Town. Article 28, which proposes to appropriate $125,000 to the Stabilization Fund building on last year's appropriation of$100,000, speaks directly to the issue. 5 School and Town Capital The failure to pass a Proposition 2 '/2 debt exclusion to fund the School Department's Building Reconstruction Plan has created a temporary capital budget implementation impasse. A revised plan is being developed. It is not yet certain whether a revised proposal will be ready for this Annual Town Meeting. 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. BOARD OF SELECTMEN Leo P. McSweeney, Chairman Daniel P. Busa, Jr. Dan H. Fenn, Jr. Elizabeth B. Eddison Peter D. Enrich 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 second day of March, 1998, at 7:00 a.m., then and there to act on the following articles: ARTICLE 1 ELECTIONS To choose by ballot the following Officers: Two Selectmen for a term of three years; One Moderator for a term of one year; Two members of the School Committee for a term of three years; One member of the School Committee for a term of one year; One member of the Planning Board for a term of five years; Seven Town Meeting Members in Precinct One, the seven receiving the highest number of votes to serve for terms of three years; Seven Town Meeting Members in Precinct Two, the seven receiving the highest number of votes to serve for terms of three years; 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 1999; Nine Town Meeting Members in Precinct Four, the seven receiving the highest number of votes to serve for terms of three years; the one receiving the next highest number of votes to fill an unexpired term ending March 2000; the one receiving the next highest number of votes to fill an unexpired term ending March 1999; Eight Town Meeting Members in Precinct Five, the seven receiving the highest number of votes to serve for terms of three years; the one receiving the next highest number of votes to fill an unexpired term ending March 1999; 7 Seven Town Meeting Members in Precinct Six, the seven receiving the highest number of votes to serve for terms of three years; Seven Town Meeting Members in Precinct Seven, the seven receiving the highest number of votes to serve for terms of three years; Seven Town Meeting Members in Precinct Eight, the seven receiving the highest number of votes to serve for terms of three years; Seven Town Meeting Members in Precinct Nine, the seven receiving the 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 twenty-third day of March at 8:00 p.m., at which time and place the following articles are to be acted upon and determined exclusively by the Town Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and subject to the referendum provided for by Section eight of said Chapter, as amended. ARTICLE 2 REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES To receive the reports of any Board or Town Officer or of any Committee of the Town. ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES To see if the Town will authorize the appointment of the committee on lectures under the wills of Eliza Cary Farnham and Susanna E. Cary; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This is an annual article which provides for the appointment of three citizens to the Cary Lecture Series by the Moderator. 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 FY99 FY97 FY98 Proposed by # Program Name Expended Appropriation Manager 1000 Education 1100 Lexington Public Schools $ 40,159,768 $ 42,403,743 $ 43,959,321 1200 Regional School 472,415 721,950 721,950 Total Education $ 40,632,183 $ 43,125,693 $ 44,681,271 2000 Shared Expenses Employee Benefits 2110 Contributory Retirement $ 3,125,709 $ 3,121,803 $ 3,175,219 2120 Non-Contributory Retirement 166,111 183,036 166,526 2130 Insurance 518,555 575,854 587,436 2140 Unemployment Benefits 65,000 50,000 50,000 2150 Police/Fire Medical 35,430 52,393 53,965 $ 3,910,805 $ 3,983,086 $ 4,033,146 Debt Service 2210 Payment of Funded Debt $ 2,294,750 $ 2,191,000 $ 2,731,000 2220 Interest on Funded Debt 474,030 377,029 479,244 2230 Temporary Borrowing 144,057 77,250 143,250 2240 Exempt Debt 1,174,087 1,100,500 1,033,500 $ 4,086,924 $ 3,745,779 $ 4,386,994 Operating Articles 2310 Reserve Fund $ - $ 150,000 $ 150,000 2320 Municipal Salary Adjustments 152,156 187,279 241,624 $ 152,156 $ 337,279 $ 391,624 Organizational Expenses 2410 Municipal Services & Expenses Personal Services $ 85,783 $ 80,419 $ 88,344 Expenses 101,542 93,371 96,172 2420 Municipal Network Expenses 11,400 11,400 13,620 $ 198,725 $ 185,190 $ 198,136 Total Shared Expenses $ 8,348,610 $ 8,251,334 $ 9,009,900 3000 Community Services 3110- DPW Personal Services $ 3,176,851 $ 3,145,955 $ 3,224,793 3510 DPW Expenses 4,022,426 4,177,052 4,371,142 3710,20 Water Department 4,527,139 3,792,335 4,095,622 3810,20 Sewer Department 5,974,412 6,406,463 7,147,629 9 FY99 FY97 FY98 Proposed by # Program Name Expended Appropriation Manager 3610,20 Transportation(Lexpress) Personal Services 52,241 53,384 52,673 Expenses 175,897 182,559 183,609 $ 228,138 $ 235,943 $ 236,282 Total Community Services $ 17,928,966 $ 17,757,748 $ 19,075,468 4000 Public Safety 4100 Law Enforcement Personal Services $ 3,437,129 $ 3,529,932 $ 3,598,061 Expenses 313,397 327,844 366,346 $ 3,750,526 $ 3,857,776 $ 3,964,407 4200 Fire Services Personal Services $ 2,913,844 $ 2,893,973 $ 3,097,544 Expenses 205,343 285,407 306,992 $ 3,119,187 $ 3,179,380 $ 3,404,536 Total Public Safety $ 6,869,713 $ 7,037,156 $ '7,368,943 5000 Culture and Recreation 5100 Cary Memorial Library Personal Services $ 1,098,303 $ 1,039,871 $ 1,077,149 Expenses 225,687 225,078 248,371 $ 1,323,990 $ 1,264,949 $ 1,325,520 5200 Recreation Department Personal Services $ 345,562 $ 449,748 $ 440,123 Expenses 547,365 198,290 238,390 $ 892,927 $ 648,038 $ 678,513 Total Culture and Recreation $ 2,216,917 $ 1,912,987 $ 2,004,033 6000 Social Services 6100 Council on Aging Personal Services $ 134,376 $ 140,236 $ 159,449 Expenses 166,933 165,721 156,190 $ 301,309 $ 305,957 $ 315,639 10 FY99 FY97 FY98 Proposed by # Program Name Expended Appropriation Manager Human Services 6210 Veterans Administration & Benefits Personal Services $ 28,044 $ 27,597 $ 27,821 Expenses 16,498 29,913 29,913 6220 Services for Youth 66,330 71,929 71,929 6230 Developmentally Disabled 12,800 13,184 13,580 $ 123,672 $ 142,623 $ 143,243 Total Human Services $ 424,981 $ 448,580 $ 458,882 7000 Community Development 7100 Inspectional Services Personal Services $ 461,431 $ 457,898 $ 519,956 Expenses 50,925 55,039 48,252 $ 512,356 $ 512,937 $ 568,208 7200 Planning Planning Personal Services $ 138,509 $ 139,010 $ 137,754 Planning Expenses 6,613 7,000 7,000 $ 145,122 $ 146,010 $ 144,754 Total Insp. Services/Comm. Dev. $ 657,478 $ 658,947 $ 712,962 8000 General Government Board of Selectmen 8110 Board of Selectmen Administration Personal Services $ 53,350 $ 53,176 $ 58,767 Expenses 67,995 77,829 77,829 8120 Legal 204,882 211,150 211,150 8130 Town Report 4,692 6,000 6,000 $ 330,919 $ 348,155 $ 353,746 8200 Town Manager Personal Services $ 281,913 $ 276,552 285,668 Expenses 13,227 15,370 16,000 $ 295,140 $ 291,922 $ 301,668 11 FY99 FY97 FY98 Proposed by # Program Name Expended Appropriation Manager Town Committees 8310 Appropriation Committee $ 800 $ 800 $ 850 8320 Misc. Boards & Committees 4,346 8,500 8,755 8330 Public Celebrations Committee 13,434 17,050 18,000 $ 18,580 $ 26,350 $ 27,605 8400 Finance Personal Services $ 728,911 $ 775,756 $ 853,399 Expenses 269,228 344,904 319,182 $ 998,139 $ 1,120,660 $ 1,172,581 8500 Town Clerk Personal Services $ 187,516 $ 156,056 $ 198,749 Expenses 41,911 38,360 60,771 $ 229,427 $ 194,416 $ 259,520 Total General Government $ 1,872,205 9 1999Il9503 $ 2,115,120 Operating Total 9 78,951,053 $ 81,173,948 $ 85,426,579 DESCRIPTION: This article requests funds for the Fiscal Year 1999 (July 1, 1998 - June 30, 1999) operating budget. The operating budget includes the school and municipal budgets, including water, sewer and recreation operations. The operating budget also includes requests for funds to provide salary increases for employees, including salaries negotiated through collective bargaining negotiations. The municipal budget also includes certain school costs. These are primarily the costs of debt service requirements, property and liability insurance on school buildings and contents, and pension costs for school employees other than professional staff. The preceding chart lists by account FY 97 expenditures, FY 98 appropriations and FY 99 proposed. 12 ARTICLE 5 SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR(FY 98) 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 1997 Annual Town Meeting, to be used during the current fiscal year, or make any other adjustments to the current fiscal year budget and appropriations that may be necessary; determine whether the money shall be provided by transfer from available funds; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: Unknown at press time. DESCRIPTION: This is an annual article to permit adjustments to current fiscal year (FY 98) expenditures. It is expected that several supplemental appropriations will be requested to be funded by transfers from various line items. 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 that exceed the level of appropriation. It is expected that there will be a request for an additional $80,000 for the Center Pool Project. 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: $300,000 DESCRIPTION: Funding is requested for phase fifteen of a twenty-one phase program for replacing or cleaning and lining cast iron water pipes to remove tubercular growth and improve water quality and flow. The 1984 Preconstruction Water System Analysis recommended a program for reconditioning unlined cast iron pipe. The process consists of cleaning the tubercular growth from the inside of the old pipe, then lining with a coating of cement mortar. The mortar prevents tubercular growth from occurring in the future. This process also extends the life of the water main. The town has appropriated funds for this program each year since 1984. In FY99, 5,290 feet of water mains in the Moon Hill, Marrett Road and downtown areas are proposed to be cleaned and relined or replaced. 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, 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 14 DESCRIPTION: This request is for$560,000 to complete the third phase of a five-phase program to connect the remaining unsewered dwellings to the sewer system. 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 new regulations require strict visual inspection of the existing components of an on-site system and strict liquid testing of an existing system when a dwelling is sold. All of Lexington is presently sewered by the Town's Sewer Collection system except for 29 street segments. This project will sewer two street segments and install 4650' of sewer pipeline. ARTICLE 10 SEWER SYSTEM REHAB 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; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $3,000,000 DESCRIPTION: This request proposes to accelerate the sewer rehabilitation program for completion over a five-year period at a cost of$3,000,000 per year. ARTICLE 11 STREET RELATED IMPROVEMENTS To see if the Town will appropriate a sum of money for highway improvements under the authority of Chapter 90 of the General Laws and any other applicable law; determine whether the money shall be provided by the tax levy, by transfer from available funds, 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: $1,255,000 DESCRIPTION: This article requests $1,255,000 to pave approximately seven miles of streets. Street resurfacing is part of a systematic replacement program to resurface all 122 miles of Town streets once every twenty years or less. Although this program has been in place for fourteen years, only 61 miles rather than 84 miles have been resurfaced, as this program has not been fully funded in most recent years. 15 ARTICLE 12 STREET RECONSTRUCTION To see if the Town will appropriate a sum of money to reconstruct town streets, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary 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 Board of Selectmen) FUNDS REQUESTED: $280,000 DESCRIPTION: Funds are requested to reconstruct 1,600 feet of Oakland Street from Meriam Street to Glen Road South. The cost per foot is estimated at $175 which is higher than last year's estimate due to the condition of the street and an escalation of industry costs. ARTICLE 13 STREET ACCEPTANCE AND CONSTRUCTION To see if the Town will vote to establish as a Town way and accept the layout of as a Town way the following streets: Butterfield Road—From Maple Street westerly to the 1990 town layout of Butterfield Road; Currier Court—From Webb Street to its terminus; Granger Pond Way—From Lowell Street to its terminus; John Hosmer Lane—From Butterfield Road to its terminus; Schoolhouse Lane—From Concord Avenue to its terminus; Sedge Road—From the end of the 1961 town layout of Sedge Road 150 feet westerly. As laid out by the Selectmen, all as shown upon plans on file in the office of the Town Clerk, dated November 6, 1995, August 29, 1997 and November 7, 1997, and to take by eminent domain, purchase or otherwise acquire any fee, easement, or other interest in land necessary therefor; and raise and appropriate money for the construction of said streets and for land acquisition; determine whether the money shall be provided in the tax levy, by transfer from available fund, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None DESCRIPTION: All of the streets listed above were constructed under the Subdivision Control Law except Sedge Road and meet or exceed Town standards for acceptance. LexHAB will pay for the reconstruction of Sedge Road where necessary. No appropriation is required. 16 ARTICLE 14 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 and sewer funds,by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $459,000 DESCRIPTION: This article requests funds for new and replacement public works equipment. This year's funds will provide for the purchase of 6 pieces of equipment. Total estimated cost of this equipment is $459,000. Of this amount, $97,000 is to come from the Water and Sewer Enterprise Funds for the purchase of a dump truck. ARTICLE 15 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: $287,600 DESCRIPTION: This article requests funds to finance a number of small but important building capital repairs. The FY99 request includes roof repairs at Cary Hall and an emergency generator replacement, which were underfunded in FY98. Additionally, FY99 projects include but are not limited to the following: replace reservoir building roof; exterior repairs, roof repair, boiler replacement and restroom repairs at the Police Station; ADA modifications to elevators and entries and ADA signage at the Town Office Building and roof repair and upgrade of the ventilation system at the DPW building. ARTICLE 16 BEDFORD STREET TRAFFIC SIGNALS To see if the Town will appropriate a sum of money for the design and installation of pedestrian signals at the bikeway crossing on Bedford Street and at the intersection of Sunny Knoll Avenue/Bedford Street/DPW Facility driveway; 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: $150,000 17 DESCRIPTION: The proposed project includes a traffic signal system for the Bikeway crossing at Bedford Street and for the intersection of Sunny Knoll Avenue/Bedford Street/DPW Facility driveway. A signal system is required for the safety of both Bikeway users and motorists. ARTICLE 17 DPW FACILITY STUDY To see if the Town will appropriate a sum of money for architectural and engineering services in order to determine the physical plant needs of the Public Works Department building located at 201 Bedford Street; 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: $75,000 DESCRIPTION: This project has three components: 1) an environmental assessment of the 201 Bedford Street site; 2) a facility plan for rehabilitating the existing facility; 3) a study of the cost and operational implications associated with relocating the facility to Hartwell Avenue. ARTICLE 18 LANDFILL STUDY To see if the Town will appropriate a sum of money for engineering services and an environmental assessment of the closed landfill on Hartwell Avenue; 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: $170,000 DESCRIPTION: This project requests funds to conduct a Comprehensive Site Assessment of the retired landfill at Hartwell Avenue. In 1996, the Department of Environmental Protection (DEP) notified Lexington that there was no record of an approved closure plan and mandated a site assessment to determine if the site was in compliance with the law. Despite capping measures undertaken prior to 1983, tests conducted in the past year indicate that the site may require remediation to augment the existing cap. The Town has contracted with a professional environmental services firm to conduct a Comprehensive Site Assessment in accordance with DEP regulations. This site assessment includes a host of environmental tests and will take nearly a year to complete. 18 OTHER FINANCIAL ARTICLES ARTICLE 19 PURCHASE FIRE EQUIPMENT To see if the Town will appropriate a sum of money to purchase a new ambulance; 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: $105,000 DESCRIPTION: This article requests funds to replace a 1990 Ford E-350 Ambulance. ARTICLE 20 PURCHASE ELECTIONS OPTICAL SCAN SYSTEM To see if the Town will appropriate a sum of money to purchase an optical scanning election system to replace the current voting machines; 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: $99,000 DESCRIPTION: This article requests funds for an optical scan voting system which will provide a precinct and central count voting system which will improve the speed and accuracy of reporting election results. Optical scanning also simplifies the voting process and the tasks of conducting elections. Such a system addresses the needs for accuracy, security, and integrity in voting processes. It includes optically scanning ballots, recording voter choices and tallying results. ARTICLE 21 PINE MEADOWS EQUIPMENT To see if the Town will appropriate a sum of money to purchase equipment for and 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: $50,000 19 DESCRIPTION: This article requests funds to replace deteriorated equipment at the Pine Meadows Golf Club. These funds will be used to purchase a new Jacobson Green King V, a Cushman Truckster, a Smithco Super Rake and a new Smithco Sprayer to maintain turf quality. This is part of a program plan prepared and approved by the Recreation Committee in 1990. ARTICLE 22 PLAYGROUNDS AND RECREATIONAL FACILITIES 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: $25,000 DESCRIPTION: This is an annual request to provide facility improvements to playgrounds, tennis courts and ball fields. This article requests funds to upgrade the playground at Sutherland Park. ARTICLE 23 SCHOOL CAPITAL PROJECT 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: $5,040,950 DESCRIPTION: This article requests funding for the purchase and installation of thirteen portable classrooms at the elementary and secondary school level; replacement of the roofs on G and H buildings at Lexington High School and the Industrial Arts wing of Diamond Middle School; repairs to the heating and ventilation systems at Bowman and Bridge Elementary Schools; repairs to the School Administration Building to bring the building into compliance with the Americans for Disabilities Act; and parking and roadway construction to improve access to both Diamond Middle School and Lexington High School. If Article 1 of the Special Town Meeting is approved, the funds requested in both this article and Article 24 will be reduced by $1,500,000. • 20 ARTICLE 24 SCHOOL CAPITAL PROJECT 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: $2,564,500 DESCRIPTION: This article requests funding for the purchase and installation of thirteen portable classrooms as described in Article 23; replacement of roofs as described in Article 23; repairs to the heating and ventilation systems as described in Article 23; and repairs to the School Administration Building as described in Article 23. ARTICLE 25 SCHOOL TECHNOLOGY PROGRAM To see if the Town will appropriate a sum of money to purchase computer hardware and software for the public schools; 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: $1,224,025 DESCRIPTION: This article requests funding for computer hardware and equipment which will be distributed throughout the system and includes computers for teacher and student stations; shared resources such as printers, scanners, projectors, display devices and furniture; and equipment to expand the current network and Library CD-ROM servers. 21 ARTICLE 26 BOARD OF HEALTH—TITLE V To see if the Town will vote to appropriate a sum of money for the purpose of financing the following water pollution abatement facility projects: repair, replacement and/or upgrade of septic systems, pursuant to agreements with the Board of Health and residential property owners, including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws; to determine whether this appropriation shall be raised by borrowing from the Massachusetts Water Pollution Abatement Trust or otherwise; or act in any other manner in relation thereto. (Inserted at the Request of the Board of Health) FUNDS REQUESTED: $200,000 DESCRIPTION: Support for this article is requested in order for the Board of Health to initiate a loan program, funded entirely by the Commonwealth of Massachusetts, for residents to upgrade, replace or repair septic systems. The loan program will not require the town to raise money through taxes. The loan program will provide financial help to individual property owners in order to resolve serious and frequently expensive on-site waste disposal problems. Administered by the Department of Environmental Protection (DEP), this septic loan program allows the town to borrow up to $200,000 from the State Revolving Fund at no interest to the town. These funds will then be used to make loans to approved homeowners with incomes less than $150,000 a year for carrying out septic system repairs or completing sewer connections. The town may charge individual borrowers either 2% or 5% of the total loan to cover administrative costs. The property owner must then pay the loan back to the town, according to a set schedule, as a betterment; the loan payments and fees will be added onto the individual's property taxes. The town assumes complete responsibility for payment of all loans back to the state over an agreed upon period of five, ten, fifteen, or twenty years. The town will borrow on an"as needed"basis for each individual property. Depending on demand, the total amount requested may never actually be borrowed. There are approximately 520 septic systems and cesspools in Lexington, many of which are in need of repair. The program will be of particular value to residents who cannot afford to repair or upgrade septic systems that may pose a threat to the public health and environment. ARTICLE 27 MASSACHUSETTS HISTORICAL COMMISSION MATCHING GRANT To see if the Town will appropriate $7,500 to match a grant of the same amount from the Massachusetts Historical Commission for a total of$15,000 for the Lexington Historical Commission to upgrade, correct and make additions to the Town Comprehensive Cultural Resources Survey; or act in any other manner in relation thereto. (Inserted by David R. Kelland and nine or more registered voters) FUNDS REQUESTED: $7,500 22 DESCRIPTION: This article requests $7,500 to fund the addition of historic buildings to the Town Comprehensive Cultural Resources Survey (Inventory). The inventory is available to Lexington homeowners interested in the historic value of their property, students and historians and real estate brokers. ARTICLE 28 STABILIZATION FUND To see if the Town will appropriate a sum of money for a Stabilization Fund in accordance with Section 5-B of Chapter 40 of the General Laws; determine whether the money shall be provided by the tax levy,by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $125,000 DESCRIPTION: Money may be appropriated into a stabilization fund that may be invested and the interest may then become part of the fund. The use of these funds may later be appropriated, by a two-thirds vote at an Annual or Special Town Meeting, for any purpose for which the town would be authorized to borrow money under Sections 7 and 8 of Chapter 44 of the General Laws, or for any lawful purpose. ARTICLE 29 RESCIND UNUSED BORROWING AUTHORITY To see if the Town will vote to rescind the unused borrowing authority voted under Article 12 of the Warrant for the 1993 Annual Town Meeting and Article 22 of the Warrant for the 1996 Annual Town Meeting; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: Article 12 of 1993, in the amount of$350,000, was for the removal of infiltration of ground water into the sewer system. The Town received a grant as well as a loan from the MWRA for this purpose. The project has been completed with $100,500 remaining as debt authorized which this article seeks to have rescinded. Article 22 of 1996 authorized $275,000 for land acquisition on Woburn Street(corner of Woburn Street and Fletcher Avenue). The land has been purchased by a private party and the bond authorization is no longer required. 23 CONSERVATION AND PLANNING BOARD ARTICLE 30 AMEND ARTICLE XXXII OF GENERAL BY-LAWS, WETLANDS PROTECTION ACT To see if the Town will vote to amend Article XXXII of the General By-Laws (Wetland Protection) by adding a new section 8 thereto relating to the imposition of a fee for the reasonable costs and expenses borne by the Conservation Commission for specific expert engineering and other consultant services, all as shown on a document on file in the Office of the Town Clerk; or act in any other manner in relation thereto. (Inserted at the request of the Conservation Commission) DESCRIPTION: The fee would be deposited to cover the cost of obtaining engineering and environmental consulting services and doing research on projects that are filed with the Commission for permitting under the State's Wetlands Protection Act and the Town's By- Law for Wetland Protection. The fee is deposited in a special account pursuant to the provisions of Section 53G of Chapter 44 of the M.G.L. and any monies not used are returned to the applicant. ARTICLE 31 LAND ACQUISITION 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 122 on Assessor's property Map 64 now or formerly of the Pilgrim Congregational Church; and appropriate money therefor and determine whether the money shall be provided by the tax levy, by transfer from available funds, by borrowing, or by any combination of these methods; or actin any manner in relation thereto. (Inserted at the request of the Conservation Commission) FUNDS REQUESTED: Unknown at press time. DESCRIPTION: This article is for the acquisition of part of the open land on the rear portion of the lot now owned by the Pilgrim Congregational Church. The land to be acquired is located between the residential lots on Coolidge Avenue, residential lots on Hancock Street, the Pilgrim Church grounds (which would be severed by the land) and the Chiesa Farm Conservation Land. The land is largely forested and is intersected by a brook. If acquired, the land would serve as an addition to the Chiesa Farm Conservation Land and would thus extend the corridor of natural open space in the neighborhood. 24 ARTICLE 32 ZONING BY-LAW, PERSONAL WIRELESS COMMUNICATION FACILITIES To see if the town will vote to amend the Zoning By-Law by adding a comprehensive new Section 15,that deals with personal wireless communication facilities which is the equipment that broadcasts and receives radio frequency waves for cellular,personalized communication, mobile radio,paging services and other wireless communication services. The proposed amendment will regulate where in town such equipment may be located,where on a lot such equipment may be located, the type of structure on which it may be located, its height, its appearance and will specify administrative requirements for granting permits. The amendment also includes changes to other sections of the Zoning By-Law that are affected by Section 15. All of the proposed amendment is set forth in a document entitled: "Zoning By-law, Personal Wireless Communication Facilities" that is on file and available for inspection in the offices of the Planning Board and the Town Clerk and in Cary Library, and as may be included in 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) DESCRIPTION: The Town's existing regulations are outdated relative to the technological explosion in the use of cellular telephones, paging services and other forms of personal wireless communication. The Federal Telecommunications Act of 1996 requires that municipalities grant permits for wireless facilities. The proposed amendment attempts to take a comprehensive approach to permitting wireless communications equipment in a manner consistent with the visual character of Lexington. The proposed amendment is about 8 pages long and, for cost reasons, is not reproduced here. The full text of the proposed amendment is also available on the Town's Web Page at http://link.ci.lexington.ma.us.; ARTICLE 33 ZONING BY-LAW, SMALL LOTS To see if the town will vote to amend the Zoning By-Law: in Section 7.4.1 Pre-Existing Residential Lots, by striking out the first paragraph and by inserting in place thereof the following: "LOT IN SEPARATE OWNERSHIP: In any district a lot, if used for a one-family or two-family dwelling, which: 1) at the time of recording or endorsement, as shown by the most recent instrument of record prior to the effective date of the zoning change from which the exemption is sought,was not held in common ownership with any adjoining land, 2) had at least 5,000 square feet of lot area and 50 feet of lot frontage, and 25 3) conformed to the then existing requirements for minimum lot area, minimum lot frontage, minimum lot width, minimum front yard, minimum side yard and minimum rear yard, is not required to comply with the requirements of Table 2 for minimum lot area, minimum lot frontage,minimum lot width, minimum front yard,minimum side yard and minimum rear yard, and may be subject to the provisions of subparagraphs 7.4.1.a. and 7.4.1.b. below. Such lot shall not be considered to be in separate ownership if it abuts other land of the same owner available for use in connection with such lot." in subparagraph a. AREA AND FRONTAGE EXEMPTIONS,by deleting the first line which reads: "prior to March 17, 1924 Any Any" and in the existing second line by deleting the words: "On or after March 17, 1924 and" so that the line, as amended, will read: "Prior to March 18, 1929 ", so that the first part of the subsection a., as amended, will read: "a. AREA AND FRONTAGE EXEMPTIONS Lots laid out and recorded Area at Frontage by plan or deed least at least Prior to March 18, 1929 5,000 sq. ft. 50 ft." or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: The proposed amendment deals with the construction of houses on very small "grandfathered" lots that were recorded years ago. Currently Lexington is more permissive than the State Zoning Act requires in allowing new construction on very small lots . The proposed amendment raises the minimum lot area requirement to the State standard. It would no longer allow new construction on older, individual lots with less than 5,000 square feet of area and 50 feet of frontage. The standard for newly created lots, 15,500 square feet in the RS, One Family district, has been in effect since 1950 and, 30,000 square feet in the RO, One-Family district since 1953. ARTICLE 34 ZONING BY-LAW, CONVERSION OF ONE FAMILY HOUSES To see if the town will vote to amend the Zoning By-Law in subsection 5.3 Conversion of One Family Dwellings: A. in subparagraph 5.3.2 Conditions and Requirements, in subparagraph 5.3.2. b. 2. by adding a new second sentence, as follows: "Any enlargement or addition to the structure shall not increase: a.the site coverage of the existing structure by more than 25 percent, or b. the total gross floor area of the existing structure by more than 40 percent." so that subparagraph 5.3.2. b. 2., as amended, will read: "2. An enlargement or addition to the structure is permitted provided the architectural character of a detached one-family dwelling is maintained. Any enlargement or addition to the structure shall not increase: 26 a. the site coverage of the existing structure by more than 25 percent, or b. the total gross floor area of the existing structure by more than 40 percent. The additional floor space created shall not be counted toward the requirement of minimum net floor area as of January 1, 1983, set forth in a.4., above." B. In subsection 5.3 Conversion of One Family Dwellings, by adding a new subsection 5.3.4, as follows: "5.3.4. EXPANSION OF PRE-EXISTING, NONCONFORMING TWO FAMILY DWELLING In accordance with Section 3.3, and where consistent with the objectives set forth in 5.3.1, the Board of Appeals may grant a special permit to allow the expansion of a pre-existing, nonconforming two family dwelling in an RS or an RO district provided the proposed expansion complies with the conditions and requirements set forth in subsection 5.3.2. to the maximum extent practicable." or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: For more than 10 years the Zoning By-law has allowed a one family house, in a single family zoning district, that was constructed before 1983, to be converted to a two-family house subject to numerous safeguards and conditions. A special permit from the Board of Appeals is required. The design has to maintain the appearance of a one- family house. While an addition to the existing house as part of the conversion is permitted, currently there is no stated limit on the size of an addition. The amendment would impose limits on the size of the addition in relation to the size of the existing structure. Part B allows equivalent treatment for a preexisting nonconforming two family house in a one family district. ARTICLE 35 TECHNICAL CORRECTIONS To see if the town will vote to amend the Zoning By-Law by making a number of technical corrections, as set forth in a document entitled Zoning By-Law, Technical Corrections, which is on file and may be inspected in the offices of the Planning Board and the Town Clerk. The principal features of the technical corrections amendment deal with: 1) clarifying the terms and definitions that affect the calculation of"Gross Floor Area" and "Net Floor Area"; 2) eliminating an unclear reference to By-Laws generally; 3) the calculation of dimensional controls for a lot split into two or more zoning districts or two or more municipalities; 4) fence posts that are over the six foot height limit; 5) clarifying subsection 7.4.5 that specifies conditions that the Planning Board impose in granting a special permit; 6) the requirements for providing two means of access to various types of developments; 7) clarifying the landscaping and transition area requirements for institutional uses, or non-conforming commercial uses in a residential zoning districts; 8) clarifying the landscaping and transition areas requirements for lots in different zoning districts that are "across the street" from one another; 9) renumbering a line in subparagraph 11.3.1 and deleting another line that is then unnecessary; 10)bringing the requirements for providing handicapped parking spaces into compliance with State requirements; 27 and 11) clarifying the setback requirements for driveways. or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: The Planning Board periodically submits an article which includes a number of amendments that: 1) correct omissions, typographical errors and cross refe- rences, 2)bring the wording of the By-Law into compliance with Chapter 40A, the Zoning Act, or court decisions, 3) clarify interpretations, 4) group provisions dealing with a subject into one section, and 5) update obsolete provisions and revisions in the By-Law. It is not the intent of this article to make changes that affect the substantive meaning of the Zoning By-law. ARTICLE 36 ZONING BY-LAW, NONCONFORMING PARKING, LEXINGTON CENTER To see if the town will vote to amend the Zoning By-Law in Section 6.6.1, Existing Nonconforming Parking Spaces, in the second paragraph,by adding a new subparagraph 3), as follows: "3) in the CB, Central Business, district, notwithstanding subparagraph 1), a restaurant, fast food, or other eating establishment (see parking factor 7) a. in subsection 11.3.1) may be substituted for a use with a lower parking factor." or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: The Zoning By-Law now provides that if a use with a higher parking demand (as required by subsection 11.3 of the By-Law) is proposed to be substituted for an existing use with a lower parking demand, the net increase in the number of parking spaces required must be constructed. That provision has prevented restaurants from using floor space previously occupied by stores or other uses with lower parking demand. The effect of the amendment will be to allow more restaurants to locate, or for existing restaurants to expand, in Lexington Center ARTICLE 37 ZONING BY-LAW,MAXIMUM, MINIMUM PARKING To see if the town will vote to amend the Zoning By-Law A. In subsection 11.3 Number of Parking Spaces, Loading Bays, in subparagraph 11.3.1: 1) In the heading of the second column, by adding the words "or Maximum" so that the heading, as amended, will read: "Minimum or Maximum Number of Parking Spaces" and by adding under that line in the heading the following words: "(The factors listed below shall be the minimum factor unless otherwise stated)" 2) In the column headed PARKING FACTOR,by striking out the existing wording and by inserting in place thereof: 28 a) in line 4) a. Office Uses "minimum 1/300 s.f.; maximum 1/250 s.f." b) in line 10) a. Manufacturing,research laboratory "minimum 1/700 s.f.; maximum 1/500 s.f." B. In subsection 11.8 Exceptions, Special Permits: 1) in subparagraph a. by inserting the words "DECREASE IN MINIMUM NUMBER OF PARKING SPACES PROVIDED:" before the first sentence; 2) by redesignating subparagraphs b. through e. and all cross references thereto to be subparagraphs c. through f. respectively; and 3) by inserting a new subparagraph b., as follows: "b. INCREASE IN MAXIMUM NUMBER OF PARKING SPACES PROVIDED: Where: 1) a maximum number of parking spaces is specified in paragraph 11.3 or in a Preliminary Site Development and Use Plan, or 2) where a reserve area for potential parking spaces has been designated on a definitive site development plan previously approved by an SPGA, the Special Permit Granting Authority may grant a special permit to construct additional parking spaces where the applicant demonstrates that the existing parking spaces are insufficient to meet the needs of the building and uses on the property, as evidenced by use of areas such as access drives, maneuvering lanes or open space for parking, spillover parking on streets adjacent to the lot or parking in areas that impede access to the lot by emergency vehicles." or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: The Zoning By-Law has long specified a minimum number of parking spaces. As an attempt to reduce traffic congestion and decrease the use of single occupant automobiles, provisions will be added to the By-Law that specify a maximum number of parking spaces. This amendment is directed at the type of business that has all day parking requirements. Part B provides some flexibility and allows for a special permit to allow more parking if it can be demonstrated that parking demand is hindering access to the building. ARTICLE 38 ZONING BY-LAW, TRANSPORTATION DEMAND MANAGEMENT To see if the town will vote to amend the Zoning By-Law in Section 12.TRAFFIC, in paragraph 12.1.2 , in the first sentence, 1) by adding the words: "or renovation" before the words: "...of an existing building" so that the sentence, as amended, will read: "No building permit shall be granted for the erection of a new building or the enlargement or renovation of an existing building with the result that..." 29 2) by adding a new subparagraph 3) as follows: "3) there are 50 or more parking spaces on the lot including any existing parking spaces, or the number of parking spaces is increased by 25 or more," so that the subparagraph, as amended,will read in part: "12.1.2 No building permit shall be granted for the erection of a new building or the enlargement or renovation of an existing building with the result that: 1) there are 10,000 square feet or more of gross floor area on the lot, including any existing floor area,but not including any floor area devoted to residential use or to off-street parking, 2) there are 50 or more dwelling units, or their equivalent, in a development, including any existing dwelling units, or 3) there are 50 or more parking spaces on the lot including any existing parking spaces, or the number of parking spaces is increased by 25 or more, unless a special permit with site plan review has been granted and the SPGA has made a determination that the streets and intersections affected by the proposed development have, or will have as a result of traffic improvements, adequate capacity, as set forth in subsection 12.3, to accommodate the increased traffic from the development." or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: The Zoning By-Law now requires that before new commercial development can occur, a determination must be made that the nearby street intersections either have sufficient capacity to accommodate the increased traffic or that "mitigating measures" can be taken to improve traffic conditions. In the existing By-Law an increase in the amount of floor space is the only trigger that requires the traffic capacity test. The proposed amendment will require that an increase in the number of parking spaces be a trigger factor as well. An increase in the number of parking spaces could occur where the amount of floor area is not increased or might even be decreased. For example, the conversion of a building from a less intensive use to a more intensive use may result in a higher parking and traffic demand. ARTICLE 39 ZONING BY-LAW, PROCEDURES PLANNED DEVELOPMENT ZONING DISTRICTS To see if the town will vote to amend the Zoning By-Law: A. 1) In Section A, PLANNED DEVELOPMENT DISTRICTS, by redesignating the numbering of the following sections and the subparagraphs thereunder, and all cross references thereto, as follows: 8.4 SPECIAL PERMIT PROVISIONS APPLICABLE TO BOTH CD AND RD DISTRICTS to be 8.5; 8.5 WETLAND PROTECTION DISTRICT to be 8.6; 8.6 NATIONAL FLOOD INSURANCE DISTRICT to be 8.7; 30 2) By creating a new subsection "8.4 REZONING PROVISIONS APPLICABLE TO BOTH CD AND RD DISTRICTS"; 3) By redesignating the existing paragraph 3.6.3 FILING OF PRELIMINARY SITE DEVELOPMENT AND USE PLAN to be a new paragraph 8.4.1 and by redesignating the existing paragraph 3.6.4 DEFINITIVE SITE DEVELOPMENT AND USE PLAN and all cross references thereto, to be 3.6.3; 4) In the newly designated paragraph 8.4.1 in the second sentence, by striking out the word "seven" and inserting in place thereof the word "fourteen" so that the second sentence, as amended, will read: "8.4.1 FILING OF PRELIMINARY SITE DEVELOPMENT AND USE PLAN Subsequent to that public hearing,revisions to the preliminary site development and use plan may be filed with the Town Clerk and the Planning Board and must be filed at least fourteen days prior to the vote of the Town Meeting on the petition." B. In the newly created subsection, 8.4 REZONING PROVISIONS APPLICABLE TO BOTH CD AND RD DISTRICTS, by adding a new subparagraph 8.4.2, as follows: "8.4.2 AMENDMENTS TO THE PRELIMINARY SITE DEVELOPMENT AND USE PLAN After the filing of the preliminary site development and use plan which accompanies a petition for a rezoning, the Town Meeting shall not take favorable action on a proposed amendment to the preliminary site development and use plan: a. unless at least seven days prior to the vote of the Town Meeting on the petition a copy of the proposed amendment: 1) has been filed with the Town Clerk and the Planning Board, and 2) has been sent by registered mail to the applicant, if the proponent of the amendment is not the petitioner, b. the Moderator shall determine that the proposed amendment is within the scope of the petition and the preliminary site development and use plan most recently filed as provided in paragraph 8.4.1, and c. at least two thirds of the Town Meeting vote favorably on the proposed amendment." C. 1) In Section 8, Part A, PLANNED DEVELOPMENT DISTRICTS, in both paragraphs 8.2.4 and 8.3.4, SPGA, in the first sentence by adding the words "For rezoning petitions approved by the Town Meeting after the 1997 Annual Town Meeting,..." and by striking out the words ..."Board of Appeals".... and by inserting in place thereof the words ..."Planning Board" so that the sentence, as amended will read: "For rezoning petitions approved by the Town Meeting after the 1997 Annual Town Meeting, the Planning Board shall be the special permit granting authority."; and 31 2) In subparagraph 9.7.2 SPGA, by inserting the words "approved by the Town Meeting before the 1998 Annual Town Meeting" after the words "....except for a development in an RD district...." so that the sentence, as amended, will read: "The Planning Board shall be the Special Permit Granting Authority for all residential development with three or more dwelling units except for a development in an RD district approved by the Town Meeting before the 1998 Annual Town Meeting and for the conversion of a municipal building." or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: In the Planned Development rezoning procedure, a petitioner presents a Preliminary Site Development and Use Plan (PSDUP) consisting of a detailed site plan and other conditions to the Town Meeting to be approved. Part A. increases the filing date, and time available for review, from 7 days to 14 days for any revision to the PSDUP after a public hearing. Part B establishes a procedure for amendments to the PSDUP after the date for filing a revision. Part C designates the Planning Board as the Special Permit Granting Authority for all rezoning petitions after the 1998 Town Meeting. ARTICLE 40 ZONING BY-LAW, OUTDOOR LIGHTING To see if the town will vote to amend the Zoning By-Law by adding a comprehensive new Section 14, that deals with the installation of new outdoor lighting, and changes to existing outdoor lighting. The proposed amendment establish standards for 1) review of proposed lighting installations, 2) controlling glare and light "spill" onto adjoining lots and streets, 3) the type of lighting used and the color emitted, and 4) hours of operation. The proposed amendment also includes changes to other sections of the Zoning By-Law that are affected by Section 14. All the amendment is set forth in a document entitled: "ZONING BY-LAW, OUTDOOR LIGHTING" that is on file and available for inspection in the offices of the Planning Board and the Town Clerk and in Cary Library, and as may be included in 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) DESCRIPTION: The existing Zoning By-Law has provisions dealing with outdoor lighting scattered in various sections. The proposed amendment assembles those provisions in a new Section 14. It adds new standards for controlling glare and light "spill" onto adjoining lots and streets, the type and color of lighting used, and hours of operation. The proposed amendment applies principally to commercial uses, and institutional uses and multi-family developments located in residential areas. The provisions do not apply to one and two family dwellings, and to street lighting, lights that control traffic or other lighting for public safety on streets and ways. The proposed amendment is about 4 pages long and, for cost reasons, is not reproduced here. The full text of the proposed amendment is also available on the Town's Web Page at http://link.ci.lexington.ma.us. 32 ARTICLE 41 AMENDMENT TO ZONING BY-LAW PARKING REQUIREMENT FOR SECONDARY SCHOOLS To see if the Town will vote to amend section 11.3.1(2)(a) of the Zoning By-Law to increase the parking requirements for secondary schools (other than elementary schools) from 2 per classroom and to make such other changes to sections of the Zoning By-Law necessary to effectuate such change, or to act in any other manner that will increase the parking requirements for secondary schools. (Inserted by Dawn McKenna and nine or more registered voters) DESCRIPTION: The current schools parking zoning requirements do not provide adequate parking for employees. At the secondary level, students who drive to school compound the problem. This article seeks to change the parking requirements to more accurately reflect use. It includes a formula for parking based on the number of classrooms, and based on the square footage of office space and gymnasium space. It also provides for additional parking for buildings containing auditoriums based on seating capacity. GENERAL ARTICLES ARTICLE 42 GUIDELINES FOR FINANCING CAPITAL EXPENDITURES To see if the town will vote to adopt a resolution establishing certain guidelines for budgeting and financing capital expenditures, or act in any other manner in relation thereto. (Inserted by the Appropriation Committee and Capital Expenditures Committee) DESCRIPTION: The Board of Selectmen, School Committee, Capital Expenditures Committee, Building Finance Committee, Long Range Planning Committee and the Town's Capital Budget Team have each identified funding levels required to renew, replace, improve, and expand the Town's equipment, buildings, and infrastructure. The Town needs a systematic, long-term approach to budgeting and financing capital expenditures,particularly those capital investments that the tax levy must support. ARTICLE 43 LEXHAB REQUIREMENTS To see if the Town will vote to direct that the Lexington Housing Assistance Board, Inc. (LexHAB) be required to comply with the January 10, 1996, recommendation of the LexHAB Ad-Hoc Review Committee of the Board of Selectmen by pursuing the purchase of existing housing units (including the land, if appropriate)rather than constructing buildings on vacant land or open space in order to help provide affordable housing in Lexington. (Inserted by John Niles and nine or more registered voters) 33 DESCRIPTION: Two years ago, the LexHAB Ad-Hoc Review Committee of the Board of Selectmen recommended that LexHAB pursue the acquisition of existing housing units rather than construct buildings on vacant land or open space. This recommendation was made out of a concern that Lexington was running out of vacant land, and that continued new construction would most likely result in net gains to the population of both the town and Lexington schools. The committee expressed a preference for providing affordable housing through acquiring existing properties through purchase or donation. ARTICLE 44 CHANGE DATE OF ANNUAL TOWN ELECTION To see if the Town will vote to change the date of the annual town election to the third Tuesday of May by amending sections 4, 5, and 6 of Article III of the General By-Laws and to make such other changes to such sections as may be necessary as a result thereof, or act in any other manner in relation thereto, and to authorize the Selectmen to take any steps necessary to effectuate such change. (Inserted by Dawn McKenna and nine or more registered voters) DESCRIPTION: This article has been submitted at the request of the Town Meeting Member's Association. Currently, three weeks after a town official is elected they vote on major initiatives without having had the benefit of participating in the formation thereof and without receiving months of information on town issues. By moving the election to May, newly elected officials will take office after the end of Town Meeting and will be able to participate in the hearings leading up to Town Meeting. In addition, voter turnout in Federal and State elections is very high but low for local elections. By moving the election to Tuesday, it is hoped that fewer people will be confused. In addition, a May date will reduce the risk of weather affecting turnout. ARTICLE 45 TRANSFER SPENCER STREET LAND TO CONSERVATION COMMISSION To see if the Town will vote to transfer the care, custody, management and control of any part of the land shown as Lot 2 on plan entitled"Compiled Subdivision Plan of Land in Lexington, MA (Middlesex County)"recorded as Plan No. 1324 of 1996 in the Middlesex County South Registry of Deeds to the conservation commission for conservation purposes, including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws: said land being located at the end of Spencer Street and being formerly of Augusta, or act in any other manner in relation thereto. (Inserted by Michael J. Brooks and nine or more registered voters) 34 DESCRIPTION: This article authorizes the Conservation Commission to assume stewardship of a parcel of land owned by the Lexington Housing Assistance Board. The lot is in a densely developed neighborhood largely comprised of small, single-family homes. It is also the last remaining open space in the neighborhood. Lexington residents, especially children have used the land as open space and informal recreation land for over 50 years. This lot,which is presently undeveloped and open, is the subject of a LexHAB plan to construct a two-family building. ARTICLE 46 TRANSFER HENNESSY FIELD PROPERTY TO CONSERVATION COMMISSION To see if the Town will vote to transfer the care, custody, management and control of all or any part of the land acquired by an order of taking dated June 25, 1962 and recorded in the Middlesex South Registry of Deeds,Book 10065, Page 405 and known as Hennessy's Field to the Conservation Commission for conservation purposes as provided by Section 8C of Chapter 40 of the General Laws, as amended, or act in any other manner in relation thereto. (Inserted by Tom L. Peterson and nine or more registered voters) DESCRIPTION: This article would transfer to the Conservation Commission a parcel of land currently held for municipal purposes, located at the end of Robinson Road adjacent to conservation and school land. The land is a gently sloping ancient meadow that is mowed once a year and used for passive recreation and the enjoyment and study of nature. It has an abundant variety of resident and transient wildlife and is the focus of federally funded school science activities as well as the subject of many photographs and landscape paintings. It was recently proposed that the land be leveled and developed as a soccer field facility. This article is to ensure that the land's historic use continues unchanged. ARTICLE 47 AMEND ARTICLE XXVI OF GENERAL BY-LAWS, HUNTING AND TRAPPING To see if the Town will vote to amend Article XXVI of the General By-Laws by adding a new Section 3A thereto as follows: "3A No person shall hunt, trap or shoot on Town owned land without permission of the Board of Selectmen" or take any other action relative thereto. (Inserted by Rosemary H. Green and nine or more registered voters) DESCRIPTION: The intent of this article is to protect unwary citizens from possible bodily harm and to alert Town Meeting Members to the fact that hunting (by bow and arrow) does in fact take place currently in Lexington. 35 ARTICLE 48 EASEMENTS - DUNBACK MEADOW To see if the Town will vote to authorize the Board of Selectmen, with the approval of the Conservation Commission, to grant permanent easements over Dunback Meadow Conservation Land to the owners of property bordering Bacon Street and shown as Lots 23, 24, and 25 on Assessor's Property Map 23 in order to allow connections to the town sewer system, and to authorize the Board of Selectmen to petition the General Court for an act to permit such easements over conservation land, or act in any other manner in relation thereto. (Inserted by Charles Hornig and nine or more registered voters) DESCRIPTION: This article requests Town Meeting approval for the owners of property at 144 Marrett Road (Arthur W. and Charles Hornig) to connect to the Town sewer running along the edge of the Dunback Meadow conservation area near Bacon Street. Additional approvals must also be received from the General Court, the Board of Selectmen, and the Conservation Commission before any connection may take place. ARTICLE 49 AMEND ARTICLE V OF THE GENERAL BY-LAWS, TOWN MEETING 2/3 VOTE To see if the Town will vote to amend Article V of the General By-Laws by adding a new Section 29A thereto as follows: "Section 29A Whenever a two-thirds vote is required by statute, such vote may be declared as such by the Moderator without a count and be recorded as such by the Clerk upon such declaration, provided, however that if seven or more members doubt the vote, a counted vote shall be taken." or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: Section 15 of Chapter 39 of the Massachusetts General Laws was amended in 1996 to permit a town to adopt a by-law to allow the Moderator to declare a motion passed by a two-thirds vote without a count if the voice vote is clear. If the Moderator's declaration is questioned by seven or more town meeting members, the vote must then be counted. ARTICLE 50 ACCEPT SEC. 22F OF CH.40 OF THE M.G.L. To see if the Town will vote to accept Section 22F of Chapter 40 of the General Laws relating to fees and charges for licenses and permits; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: Acceptance of Chapter 40 §22F would allow the Board of Selectmen to fix reasonable fees for all licenses,permits, or certificates issued pursuant to statutes or regulations wherein the entire proceeds of the fee remain with the Town of Lexington. The Selectmen currently fix or approve fees for the majority of Town departments. The Selectmen will now be authorized to approve fees of the Town Clerk's office. 36 ARTICLE 51 ACCEPT SEC. 147A OF CH.140 OF THE M.G.L. To see if the Town will vote to accept Section 147A of Chapter 140 of the General Laws relating to the adoption of by-laws relative to the regulation of dogs, including but not limited to dog licensing and the establishment and disposition of fees; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: Abolishment of Middlesex County Government necessitates communities participating in the Middlesex County dog program to adopt this section to give authority for its own dog operation. Adoption of Chapter 140 §147A allows the town to further enact by- laws relative to dogs. ARTICLE 52 AMEND ARTICLE XXVIII OF THE GENERAL BY-LAWS, ANIMALS To see if the Town will vote to amend Section 2 of Article XXVIII of the General By-Laws (Animals)by deleting the second paragraph thereof relating to license fees for dogs and by changing the late fee in paragraph three thereof from ten dollars to twenty-five dollars; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: Sections of the by-law referencing licensing will be deleted. Fines assessed for failing to renew a dog license shall be increased from$10 to $25. ARTICLE 53 LAND TRANSFER/SEDGE ROAD To see if the Town will vote to transfer the care, custody, management and control of a portion of the Diamond Middle School land at the end of Sedge Road shown as a portion of Lot 305 on Assessor's Property Map 71, no longer needed by the School Department to the Board of Selectmen; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This article proposes to transfer a small portion of the land on which the Diamond Middle School is now located from the control of the School Committee to the jurisdiction of the Board of Selectmen. 37 ARTICLE 54 ACCEPT SEC.103 OF CH.32 OF THE M.G.L. To see if the Town will vote to accept Section 103 of Chapter 32 of the General Laws relating to a cost of living adjustment for retirees; or act in any other manner in relation thereto. (Inserted by the Retirement Board) DESCRIPTION: Chapter 17 of the Acts of 1997 provides that the Commonwealth will no longer pay for future cost of living adjustments. The Commonwealth has paid for all cost of living adjustments since the enactment of Proposition 2 V2. The future cost of living increases will equal the percentage increase in the Consumer Price Index (up to 3%) applicable to the first $12,000 of annual retirement income for each retiree/beneficiary in the System. ARTICLE 55 PETITION GENERAL COURT FOR AN ACT RELATING TO RETIREES To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for an act to provide a cost of living adjustment to non-contributory retirees on the same basis as contributory retirees; or act in any other manner in relation thereto. (Inserted by the Retirement Board) DESCRIPTION: Legislation is required in order to provide the non-contributory retirees/beneficiaries with any future cost of living adjustments. Cost of living adjustments for non-contributory retirees will be administered in a similar fashion as for contributory retirees/beneficiaries. ARTICLE 56 AMEND SECTION 6 OF ARTICLE I OF THE GENERAL BY-LAWS, NON-CRIMINAL DISPOSITION To see if the Town will vote to amend Section 6 of Article I of the General By-Laws (Non- Criminal Disposition)by increasing fine schedules relating to certain regulations of the Board of Health, all as shown on a document on file in the office of the Town Clerk; or act in any other manner in relation thereto. (Inserted at the request of the Board of Health) DESCRIPTION: This article would increase fines for non-criminal disposition (ticketing) of violations of certain local and state health codes. These changes are requested to make the fines reflect the severity of the violation involved, and to promote compliance with the regulations. 38 ARTICLE 57 AMEND SECTION 6 OF ARTICLE I OF THE GENERAL BY-LAWS, NON-CRIMINAL DISPOSITION To see if the Town will vote to amend Section 6 of Article I of the General By-Laws (Non- Criminal Disposition)by making it applicable to violations of Chapter 447 of the Acts of 1956 as amended which established the Historic Districts Commission and defined its powers and duties; and authorize the Board of Selectmen to petition the General Court for an act to amend Chapter 447 of the Acts of 1956 as amended to provide for enforcement by the use of non-criminal disposition as set forth in Section 21D of Chapter 40 of the General Laws; or act in any other manner in relation thereto. (Inserted at the request of the Historic Districts Commission) DESCRIPTION: Currently the Historic Districts Commission can only enforce its orders and decisions by requesting that criminal complaints be issued. This article would authorize the amendment of the special act establishing the Commission to permit enforcement by non- criminal disposition. ARTICLE 58 ACCEPT SECTIONS 42A-42F OF CH.40 AND SECTIONS 16A-16F OF CH.83 OF THE M.G.L. To see if the Town will vote to reconfirm the acceptance of Sections 42A to 42F of Chapter 40 and Sections 16A to 16F of Chapter 83 of the General Laws relating to liens on real estate for unpaid water and sewer rates and charges; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This is a housekeeping article to reconfirm the acceptance of sections of the General Laws relating to water and sewer liens. There will be no change in the procedures followed by the Town for many years relating to collection of these charges. ARTICLE 59 ACCEPT AND ABANDON DRAINAGE EASEMENT, GRASSLAND STREET To see if the Town will authorize the Board of Selectmen to abandon a drainage easement shown on Land Court Plan 19485G and located on Lots 242 and 243 on Assessor's Property Map 25 in exchange for a drainage easement located elsewhere on the same lot known as and numbered 27 Grassland Street; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This is a housekeeping article that provides for a new drainage easement in the location of the existing pipes. 39 ARTICLE 60 REGIONAL INTEREGOVERNMENTAL AGREEMENT HAZARDOUS WASTE DISPOSAL To see if the Town will vote to approve an intermunicipal agreement pursuant to Section 4A of Chapter 40 of the General Laws relating to the collection and disposal of household hazardous waste products; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: The Town is working with eight other communities including Belmont, Bedford, Concord, Waltham, Lincoln, Arlington, Carlisle and Watertown to expand the collection of household hazardous wastes through the establishment of a regional collection site to be located at the Hartwell Avenue landfill site. We have received a State Grant for the construction of the site. This facility will operate twelve times from April through November on one or two Saturdays per month. This is part of an effort to provide more convenient service for our residents, and reduce the quantity of hazardous products in the waste stream. ARTICLE 61 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 second day of February, A.D., 1998. Leo P. McSweeney, Chairman Board Daniel P. Busa, Jr. of Dan H. Fenn, Jr. Selectmen Elizabeth B. Eddison Peter D. Enrich A true copy, Attest: George Anderson Constable of Lexington 40 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 Elizabeth B. Eddison 20 Nickerson Road Peter D. Enrich 35 Clarke Street Dan H. Fenn, Jr 59 Potter Pond Donna M. Hooper 47 Emerson Gardens Jay R. Kaufman 1 Childs Road Leo P. McSweeney 84 Shade Street Precinct 1 Term Expires 2000 Joel A. Adler 22 Village Circle Laura L. Boghosian 4 Russell Road Jean W. Cole 23 Whipple Road Charles E. Shaw 219 Lowell Street Paul G. Topalian 46 Circle Road Judith L. Zabin 1 Page Road Rae Zuerndorfer 31 Sanderson Road Term Expires 1999 Nancy M. Adler 22 Village Circle James E.Barry 10 Crescent Hill Avenue Mary Bowes 32 Arcola Street Francis V. Busa 42 Lowell Street John E. Curry 33 Sanderson Road Marsha S. Goldberg 49 Sanderson Road Albert P. Zabin 1 Page Road 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 Eric Jay Michelson 16 Emerson Gardens Markus Pinney 62 Fottler Avenue Barry E. Sampson 8 Brandon Street Carol J. Sampson 8 Brandon Street *Carol A. Batstone 49 Bartlett Avenue *Henry D. Zuerndorfer 31 Sanderson Road Precinct 2 Term Expires 2000 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 James S.Wilson 43 Locust Avenue 41 *New Candidates Term Expires 1999 Robert W. Cunha 10 Stevens 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 Term Expires 1998 Thomas R. Diaz 10 Tower Road Karen A. Dooks 5 Mohawk Drive Timothy P. Enright 231 Worthen Road East Myla Kabat-Zinn 58 Oak Street Andrew McAleer 121 Follen Road Barry Orenstein 132 Follen Road David Rudner 47 Carville Avenue *Ira Bernstein 53 Carville Avenue *Winston E. Flynn 32 Watertown Street *Laurie M.Rice 7 Bruce Road *Mary W. Sinek 12 Plainfield Street Precinct 3 Term Expires 2000 Samuel Berman 11 Barberry Road Jacqueline B. Davison 86 Spring Street Carol J. Grodzins 15 Barberry Road Jeanne K. Krieger 44 Webster Road Douglas M. Lucente 71 Farmcrest Avenue Robert Rotberg 14 Barberry Road Caleb Warner 546 Concord Avenue Term Expires 1999 John P. Carroll 29 Allen Street Richard R. Eurich 7 Pitcairn Place Gloria V. Holland 38 Webster Road Richard L.Neumeier 2 Pitcairn Place Paul J. Rose 748 Waltham Street Francis W. K. Smith 4 Clematis Road Term Expires 1998 Nancy M. Cannalonga 942 Waltham Street Nicholas A. Cannalonga 942 Waltham Street 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 *Tracy L. Johnson 37 Webster Road *Anthony J. Travers 21 Chadbourne Road *Merton L. Ward 23 Farmcrest Avenue *New Candidates 42 Precinct 4 Term Expires 2000 Stephen E. Coit 32 Vine Brook Road David J. Harris 5A Eliot Road Carol B. Hartman 16 Bloomfield Street Peter C. J. Kelley 24 Forest Street Barrie Peltz 8 Jackson Court Michael Wagner 44 Prospect Hill Road Term Expires 1999 Donald A. Chisholm 166 Lincoln Street Ronald W. Colwell 127 Kendall Road Margaret F. Rawls 9 Winthrop Road Nicholas Santosuosso 2 Washington Street Jeanette P. Webb 22 Fair Oaks Terrace Martin K. White 50 Bloomfield Street Term Expires 1998 Nyles Nathan Barnert 142 Worthen Road John L. Davies 18 Prospect Hill Road Frederick L. Merrill, Jr. 22 Downing Road Kenneth A. Reich 23 Lincoln Street Sandra J. Shaw 51 Wachusett Drive Ruth S. Thomas 10 Parker Street Judith J. Uhrig 15 Vine Brook Road *Scott F. Burson 58 Sherburne Road South *Douglas J. Luckerman 34 Outlook Drive *Ann H. Miller 40 Outlook Drive *John B. Murray 50 Parker Street *Edward R.Natale 47 Downing Road *Sandra F. Natale 47 Downing Road Precinct 5 Term Expires 2000 Douglas C. Boyer 19 Peachtree Road Marsha F. Byrnes 3 Blodgett Road Margaret C. Nichols 4 Rumford Road James M. Shaw 20 Vine Street Sam Silverman 18 Ingleside Road Melinda D. Vinton 11 Leonard Road Mary Kathryn Wolf 116 East Emerson Road Term Expires 1999 Wallace Cupp 141 Woburn Street Elaine Dratch 2 Maureen Road John Hayward 358 Woburn Street Samuel L. Powers 7 Dunham Street Ephraim Weiss 462 Lowell Street David G. Williams 1433 Massachusetts Avenue *New Candidates 43 Term Expires 1998 Howard Cravis 6 Rogers Road Ira W. Crowe 53 Woburn Street 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 *Robert V. Aghababian 12 Butterfield Road *Sandra S. Aghababian 12 Butterfield Road *Richard F. McDonough 83 Grant Street *Perry Pollins 14 Peachtree Road *Dana A. Regillo 16 Laconia Street *Edward Shapiro 11 Marshall Road Precinct 6 Term Expires 2000 Marjorie M. Daggett 9 Burroughs Road Bebe Fallick 4 Diehl Road Edmund C. Grant 27 Grove Street Jane Pagett 10 Oakmount Circle Edith Sandy 353 North Emerson Road Frank Sandy 353 North Emerson Road Sheldon A. Spector 26 Suzanne Road Term Expires 1999 Cynthia L. Blumsack 15 Holmes Road Marshall J. Derby 23 Suzanne Road Peter Diamond 15 Franklin Road David L. Kaufman 152 Burlington Street Richard Pagett 10 Oakmount Circle Anne A. Ripley 83 Hancock Street John S. Willson 16 Hathaway Road Term Expires 1998 Michael R. Barry 159 Burlington Street Suzanne E. Barry 159 Burlington Street Florence A. Baturin 11 Alcott Road Kate Priscilla Diamond 15 Franklin Road Alan J. Lazarus 22 Woodland Road Dennis M. O'Connor,Jr 16 Seabom Place William B. Simmons 82 North Street *Paul Chernick 14 Somerset Road *Robert E. Fantasia 180 Grant Street *Anthony G. Galaitsis 7 Burroughs Road *Martin Long 26 Grant Street *Jonathan T. Longley 15 Westwood Road *Sorin Marcovici 1 Todd Road *Denise Irene O'Connor 16 Seaborn Place New Candidates 44 Precinct 7 Term Expires 2000 Marsha E. Baker 46 Burlington Street Steven L. Colman 52 Gleason Road Robert G. Coyne 2 Heritage Drive Alan Garber 7 Linmoor Terrace Fred H. Martin 29 Dewey Road Mary W. Miley 29 Robinson Road Alan A. Wrigley 205 Grove Street Term Expires 1999 Catherine M. D. Abbott 38 Eldred Street Robert M. Farias 21 Eldred Street Audrey J. Friend 84 Fifer Lane Jonathan S. Lederman 15 Drummer Boy Way John E. Taylor 11 Linmoor Terrace James C. Wood, Jr. 51 Gleason Road Martha C. Wood 51 Gleason Road Term Expires 1998 Neal E. Boyle, Jr. 23 Pine Knoll Road George A. Burnell 4 Eaton Road Clark A. Cowen 104 Fifer Lane Gordon M. Hardy 52 North Hancock Street David Kanter 48 Fifer Lane David G.Miller 23 Fifer Lane Joyce A.Miller 23 Fifer Lane *Scott Robert Aghababian 31 James Street *Sharon Avakian-Avedisian 118 Blake Road *Frank A. Greco 250 Grove Street *Joseph A. Lahiff 96 Winter Street Precinct 8 Term Expires 2000 Richard H. Battin 15 Paul Revere Road 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 Elizabeth C. Whitman 5 Hancock Avenue Term Expires 1999 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 *New Candidates 45 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 H. Bigelow Moore 50 Hancock Street James A. Osten 8 Revere Street Robert V. Whitman 5 Hancock Avenue *Stacey P. Bridge-Denzak 38 Cedar Street *Jewel S. Douglass 51 Worthen Road *Richard D. Sandberg 71 Reed Street Precinct 9 Term Expires 2000 Richard L. Canale 29 Shade Street Susan R. Cusack 58 Middle Street Susan A. Elberger 10 Ellison Road Paul E.Mazerall 32 Roosevelt Road Janet M. Perry 16 Ellison Road Loretta A. Porter 2318 Massachusetts Avenue Fred D.Rosenberg 76 Wood Street Term Expires 1999 Alice J. Adler 10 Nickerson Road Michelle L. Ciccolo 215 Wood Street 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 Term Expires 1998 Anthony B. Close 174 Wood Street Margaret E. Coppe 12 Barrymeade Drive Thomas O.Fenn 16 Middle Street Frank J. Kava 60 Shade Street William P. Kennedy 135 Wood Street Henry Norman Manz 14 Ellison Road Dawn E.McKenna 2564 Massachusetts Avenue *Joshua Hassol 456 Marrett Road *William H. Levison 19 Phinney Road *Dorris P. Traficante 16 Fairbanks Road New Candidates 46 ELECTRON INFORMATION Local'Elecftiarm - Monday,March 2, 1998 Polling Hours - 7 a.m. to 8 p.m. Polling Locations Precinct 1 Harrington School, Maple and Lowell Streets Precinct 2 Bowman School, Philip Road Precinct 3 Jonas Clarke Middle School, Stedman Road (off Waltham Street via Brookside Avenue) Precinct 4 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 862-0500, Ext. 270. 47 4 5 3 13 \\_________ - B U R L N G T O n ?dor' ....,.. f,--- ,.., , ...., tC.:=D It , 0 • i . 4, . \ 1 A.4, r , .Alcht , /A/ i `-4,,,- 1 I i / ° ' V47" / 4 -'1.- N- ./. :11 ,;-:% 5,-, fg,:r ia:N..,' i.ez I w k ., vili 7. i...:1,:ii5-,, .-''.' k ' ...AV ii )7 ARTICLE I > — l4-rig- , -' *4 AIS 1 • 6 'I ,---- ‘t. — _. , `ter_ d r' .CARTICLE I6 ) \?fr..._-*,111111111117 / ; ° 4' 4*SIO fG \C 'CI G,„,,, r: - ° 4'1"--. fid. '-":...'2 ARTICLE d 1 .° >]. cp. °s \ \\ r.1f ... ----reg. 1 .' 1:::3 .,''' I ! ARTICLE 18 T°" .._ P t , t ° ::.., o,: D °.°.R \'' ' . ° ^. s i °PI n \ ,, \" // •".° / '' .- b` A'!'J.• ? Lei,_%'•I i,,,,,..\,, %oil . / '441iiiib .i, N...., -vic\s ,. ,.. 4. ARTICLE 32 ` y: \ N l, °'! '° .gra iii V- , ;N„ 1 ":::'''''.:'''''''' : ,,,...1:- 1, 1114<'NII* \I I P'J.::; St A ''''' v b g . r sem.: \‘`C ?>/. '' AND PRECINCT ... `36, ' \ 1. G STREET p y ) ..: MAP O1' THE r.' A BRIG`. TSN F OF LE ..'` I 1 1 a a a z IN TOWN f;,.".. . U SET T S s '1 / N MA S S AC 111-3 ,•t / FRANCIS X.FIELDS,PE. I-1 TOWN ENGINEER _ _ -- - _ 1996 5 fil , 2 3 4 _- - 4B \o v 9 8 A 1 6 I i. '" W 1 N C H E S jig U R -, _-- Jp: a 1[3 --,),. . ii... ... ..„‘: .,,,,„. _,_ .\ ,.. .„. ,._. _ --. .1.\- --- , , .....,. .,,..,,,, ,,. . .t.,., , (rt. . 3...-._.-- at i :. - - 1 i i' , _____, ..,. .„.,„ .. 'P 6 : _` ' 4oi e l: • i g 11. p r • , ., / ,irk _ _• RT CL , .--... . age . .... , • \\:\ • . ° d' f. 3 l'''''''''''41 . 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Expenditures Actual Actual Appropriated Dept.Requests Recommend Town Operating 25,305,548 25,750,304 24,561,196 27,224,079 26,216,267 Articles and Capital* 55,393 555,150 737,000 2,383,600 2,083,600 Pine Meadows Debt 1,439,954 1,174,088 1,100,500 1,033,500 1,033,500 Total Town General Fund 26,800,895 27,479,542 26,398,696 30,641,179 29,333,367 Public Schools 37,774,059 40,159,768 42,403,743 46,541,739 43,959,321 Regional Vocational School 620,850 472,415 721,950 721,950 721,950 Total Education 38,394,909 40,632,183 43,125,693 47,263,689 44,681,271 Water Enterprise 3,710,758 4,527,139 4,632,158 4,929,134 4,889,659 Sewer Enterprise 5,396,154 5,974,412 6,611,526 7,443,177 7,413,088 Recreation Enterprise 566,176 892,927 1,142,875 1,193,429 1,192,793 Enterprise Articles 1,432,000 1,145,000 380,000 447,000 447,000 Total Enterprise 11,105,088 12,539,478 12,766,559 14,012,741 13,942,541 Total Appropriations 76,300,892 80,651,203 82,290,948 91,917,609 87,957,179 Prior Year Deficits&Judgeme 235,433 35,916 400,015 0 0 Intergovt Charges& Assessors Overlay 2,653,615 2,393,545 2,662,641 2,665,924 2,665,924 Total Expenditures $ 79,189,940 $ 83,080,664 $ 85,353,604 $ 94,583,533 $ 90,623,103 FY96 IFY97 FY98 I FY99 FY99 Mgr. Revenue Actual Actual Appropriated Requested Recommend Cherry Sheet 5,463,067 6,069,475 7,074,534 7,629,755 7,629,755 Local Receipts 6,957,088 7,682,351 6,764,880 7,177,279 7,177,279 Available Funds 2,146,588 1,668,166 1,813,596 3,130,595 3,130,595 Enterprise Revenue 12,369,316 12,539,478 12,766,559 14,012,741 13,942,540 Non-Tax Levy Revenue 26,936,059 27,959,470 28,419,569 31,950,370 31,880,169 Tax Levy Previous Year Levy** 48,752,066 51,796,048 53,539,813 55,862,862 55,862,862 Allowable 2 1/2%Inc. 1,218,802 1,294,901 1,339,229 1,396,572 1,396,572 Allowable New Constr. 325,180 478,191 954,493 450,000 450,000 Voter Approved Override 1,500,000 0 $0 0 0 Tax Levy Limit 51,796,048 53,569,140 55,833,535 57,709,434 57,709,434 Debt Exclusion 1,234,500 1,174,088 1,100,500 1,033,500 1,033,500 Total Revenues $ 79,,966,607 $ 82,702,698 $ 85,353,604 $ 90,693,304 S 90,623,103 Budget Deficit/Surplus 776,667 (377,966) 0 (3,890,229) 0 * Bonding of$500,000 of FY96 capital projects,$11,085,000 of FY97 capital projects,$4,965,000 of FY98,and$3,560,000 of FY99 capital requests not included above. ** Surplus of$29,327 represents full tax levy limit in FY98. The Town did not actually raise the full tax levy limit in FY98. 50 FY98 Appropriated Total Appropriated= $85,353,604 Enterprise(15%) School(51%) - 44"* !I*», Town General Fund(31%) Charges&Overlays(3%) I 1 i FY99 Proposed by Manager Total Proposed = $90,623,103 1 Enterprise(15%) School(50%) i Town General Fund(32%) i Charges&Overlays(3%) 1 1 f 51 CALINIDAI 37 EVENTS Monday, March 2, 1998 Town Elections Polls Open - 7:00 a.m.-8:00 p.m. Sunday, March 8 - 1:00 p.m. TMMA - Bus Tour Start In Front of Cary Hall Tuesday, March 10 - 7:30 p.m. Moderator's Workshop for New Town Selectmen's Meeting Room Meeting Members Wednesday, March 11 - 7:30 p.m. TMMA Information Meeting Clarke Middle School Auditorium Thursday, March 12 - 7:30 p.m. TMMA Information Meeting Clarke Middle School Auditorium Wednesday, March 18 - 7:30 p.m. TMMA Information Meeting Diamond Middle School Auditorium Thursday, March 19—7:30 p.m. TMMA Information Meeting Diamond Middle School Auditorium Snow Date Thursday, March 19 - 7:30 p.m. Moderator's Meeting with Selectmen's Meeting Room Article Sponsors Monday, March 23 - 8:00 p.m. Town Meeting begins (No Town Meeting Cary Memorial Hall School Vacation Week, April 20-24) Note: An FM system is available in Cary Hall for people with hearing difficulties. During Town Meeting, interpreters for the deaf or hard of hearing are available on request to Human Services Coordinator Steve Baran at 861-2742. 52 ,w,,, ...__ Town of Lexington Bulk Mailing Lexington, MA 02173 U.S.Postage PAID Permit 3011 Boston,MA WS CAR SORT Residential Customer Local 02173