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Home My WebLink About1981-03-02-TE-Warrant-and-1981-04-16-ATM-Warrant TOWN OF LEXINGTON WARRANT to the 1981 ANNUAL TOWN MEETING and 4 ° Report and Recommendations of the Appropriation Committee and Capital Expenditures Committee INDEX Page Warrant for Special Town Meeting 1 Town Finance Terminology 2 FY 82 Budget and Tax Rate Estimate 3 Appropriation Committee Report 4 WARRANT FOR TOWN MEETING • Article 1. Elections 5 GENERAL ARTICLES Article 2. Reports of Town Officers, Boards, Committees 7 Article 3. Appointments to Cary Lecture • 7 Article 4.. Authorization for Committee to Study By-Laws 7 Article 5. Authorization for Committee to Study Accessory Apartments 7 Article 6. Removal of Sealer and Plumbing Inspector from Civil Service 8 Article 7.. Revocation of Civil Service for Future Police Officers 8 Article 8. Authorization to Bargain for Reimbursement to Winner in Contract Disputes Expenses 8 BY-LAWS Article 9. Amendment to Selectmen By-Law 9 Article 10. Amendment to Town Clerk By-Law 9 Article 11. Amendment to Capital Expenditure By-Law 11 Article 12. Amendment Regulating Number of Animals on Farms 12 PLANNING-ZONING Article 13. Editing Changes 13 Article 14. Filing Requirements/Special Permits 15 Article 15. Penalty for Zoning Violation 15 Article 16. Swimming Pools • 16 Article 17. Enlarging, Non-conforming Structures 17 Article 18. Exemptions, Certain Non-complying Buildings 17 Article 19. Open Space, RD District 18 Article 20. Accessory Uses, Garages • 14 Article 21. Setback Requirements 19 Article 22. Purpose of Zoning 20 Article 23. Occupancy Permit 20 Article 24. Certificate of Compliance 21 Article 25. Fair Housing Resolution 21 ZONING Article 26. Wetland Protection District 22 Article 27. Rezone RO to RD, Multi-Family Dwelling, Land off Ridge Road 24 Article 28. Rezone RO to CM, Manufacturing and Research Park, Hartwell Avenue 25 Article 29. Rezone RO and CM to CD, Controlled Commercial Industrial, Hartwell Avenue 26 Article 30. Rezone RO to CD, Commercial Controlled Industrial District, Waltham Street 27 Article 31. Rezone RO to RM, Multi-Family District, Waltham Street 29 Article 32. Rezone RO to RD, Multi-Dwelling District, Waltham Street 30 Article 33. Rezone RD to CG, General Business, Marrett Road at Lincoln Street 31 Article 34. Rezone RO to CD, Controlled Commercial Industrial District Marrett Road near Minuteman Vocational Technical School 32 Article 35. Rezone Adams School Land to RD, Multi-Dwelling District 33 Article 36. Convey. Adams School 34 FINANCIAL ARTICLES Article 37. Tax Anticipation Borrowing 35 Article 38. Supplementary Appropriations for Current Fiscal Year (FY81) 35 Article 39. Operating Budget 35 Article 40. Salary Adjustments and Collective Bargaining Settlements 43 Article 41. Prior Years' Unpaid Bills 43 Article 42. Supplemental Appropriations for Authorized Public Works Projects 43 Article 43. Reserve Fund 44 Article 44. Selectmen's Appraisals and Options 94 Public Works Article 45. Request for Report on Sewer Construction 45 Article 46. Inflow Infiltration Study 45 Article 47. Installation of Water Mains 45 Article 48. Drainage Study 45 Article 49. Installation Drains/Widening, Deepening or Altering Brooks 46 Article 50. Installation Drains - Outlook Drive 46 Article 51. Street Acceptance - Outlook Drive 46 Article 52. Street Acceptance - Apollo Circle 47 Article 53. Street Acceptance - Kendall Road 47 Article 54. Authorize Use of Chapter 90 State Funds for Street Improvements 48 Article 55. Installation of Curbing 48 Article 56. Installation of Street Lights 48 Article 57. Installation of Sidewalks 49 Article 58. Public Works Equipment 49 Article 59. Development of Westview 'Cemetery 49 Article 60. Garrity House - Reconstruction 50 Article 61. Garrity House - Housing Authority 50 Article 62. Garrity House - Lease 50 Article 63. Parking Improvements 51 Recreation and Conservation Article 64. Deep Well Water Supply 51 Article 65. Tennis Court Repair 52 Article 66. Conservation Land Transfers 52 Article 67. Conservation Gift 53 Article 68. Conservation Fund 53 Other Financial Articles Article 69. LEXPRESS - Mini-bus Transportation System 53 Article 70. Transfer of School 53 Article 71. Unemployment Compensation Fund 54 Article 72. Central Middlesex Association of Retarded Citizens 54 Article 73. Use of Available Funds to Reduce Tax Rate 55 Capital Expenditures Committee Report 56 7 wa :9. TOWN WARRANT .. I h I TOWN OF LEXINGTON i fl , SPECIAL TOWN MEETING :...o,o' Comwmiealth of Massachusetts Middlesex, ss. To either of the Constables of the Town of Lexington, in said County, Greeting: 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 Wednesday, the eighth day of April, 1981, at 8:00 P.M., at which time and place the following article is 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 1 LIBRARY RECONSTRUCTION To see if the Town will appropriate a sum of money for reconstructing and making extraordinary repairs to Cary Memorial Library; determine whether the money shall be provided by the tax levy, or by transfer from available funds or by any combi- nation of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: Undetermined at this time DESCRIPTION: This article requests funds to replace the stucco facade on the library. A Special Town Meeting has been called to act on this article to insure that the new facade can be put on in May or June, which provides the most suitable weather conditions for this type of work. At this writing it was anticipated that the Annual Town Meeting may not be concluded in time for the library work to be completed during these two months. 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. 1981. Mary W. Miley, Chairman Selectmen Alfred S. Busa of Robert B. Kent Lexington James F. Crain A true copy, Attest: John J. Shine, Jr. Constable of Lexington 1 FISCAL YEAR 1982 REPORT OF THE APPROPRIATION COMMITTEE TO THE RESIDENTS OF LEXINGTON With the passage of Proposition 21, complications have been introduced which precludes the Appropriation Committee from making recommendations on financial articles to be included within the Warrant to the 1981 Annual Town Meeting. As the Warrant "goes to press" some of the more critical questions or concerns that will remain unanswered until later in the year are: What will the "Cherry Sheet" reimbursements and charges be from the State; What is the impact of the full and fair cash valuation process; What will the expanded fee program produce in revenues for required services such as water, sewer and trash collection. This year's Annual Town Meeting will act upon non-appropriation articles first and then recess until the required financial data is available toward mid-year 1981. It is planned that an Appropriation Committee Supplemental Report will be made available at that time, prior to the reconvening of the recessed Annual Meeting. Therefore, the Appropriation Committee makes "no recommendation" on Articles 2 through 36. Our Supplemental Report will contain recommendations for Articles 37 through 73. Respectfully submitted, APPROPRIATION COMMITTEE George P. Wadsworth, Chairman William J, Dailey, Jr. , Vice Chairman Richard M. Perry, Secretary, Ex-Officio (Non-voting) Esther S. Arlan John R. Campbell Robert Cataldo Harry A. Hall, III Mitzi Kutchin Barry H. Marshall George S. Silverman 4 • 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 JUNIOR HIGH SCHOOL; PRECINCT FOUR, SENIOR HIGH SCHOOL; PRECINCT FIVE, CARY MEMORIAL BUILDING; PRECINCT SIX, WILLIAM DIAMOND JUNIOR HIGH SCHOOL; PRECINCT SEVEN, ESTABROOK SCHOOL; PRECINCT EIGHT, FIRE HEADQUARTERS BUILDING; PRECINCT NINE, MARIA HASTINGS SCHOOL, on Monday, the second day of March, A.D. , 1981 at 7:00 o'clock A.M., then and there to act on the following articles: • II/ARTICLE 1 ELECTIONS To choose by ballot the following Town Officers: • Two Selectmen for the term of three years; One Moderator for the term of one year; One member of the School Committee for the term of three years; One member of the Planning Board for the term of five years; One member of the Lexington Housing Authority for the term of five years; Eight Town Meeting Members in Precinct One, the seven receiving the highest number of votes to serve for the term of three years, the one receiving • the next highest number of votes to fill an unexpired term ending March, 1982; Seven Town Meeting Members in Precinct Two for the term of three years; Eight Town Meeting Members in Precinct Three, the seven receiving the highest number of votes to serve for the term of three years, the one receiving the next highest number of votes to fill an unexpired term ending March, 1982; Eight Town Meeting Members in Precinct Four, the seven receiving the highest number of votes to serve for the term of three years, the one receiving, the next highest number of votes to fill an unexpiredterm ending March, 1982; Seven Town Meeting Members in Precinct Five for the term of three years; Seven Town Meeting Members in Precinct Six for the term of three years; Seven Town Meeting Members in Precinct Seven for the term of three years; Eight Town Meeting Members in Precinct Eight, the seven receiving the highest ' number of votes to serve for the term of three years, the one receiving the next highest number of votes to fill an unexpired term ending March, 1982; Seven Town Meeting Members in Precinct Nine for the term of three years; 5 • ARTICLE 1 (Continued) To vote YES or NO by ballot on, the following questions: QUESTION NO. 1: Shall the town vote to accept the provisions of section thirteen of chapter two hundred and fifty-eight of the General Laws which provides that the town shall indemnify and save harmless municipal officers, elected or appointed. from personal financial loss and expense including reasonable legal fees and costs, if any, in an amount not to exceed one million dollars, arising out of any claim, demand, suit or judgement by reason of any act or omission except an in- tentional violation of civil rights of any person under any law, if the official at the time of such act or omission was acting within the scope of his official duties or employ- ment? YES • NO . QUESTION NO. 2: Shall the town purchase additional group life and group accidental death and dismemberment insurance for employees in accordance with the provisions of chapter thirty-two B of the General Laws with no premium contribution by the town? YES NO The polls will be open at 7:00 A.M. and will remain open until 8:00 P.M. You are also to notify the inhabitants aforesaid to meet in Cary Memorial Hall in said Town on Monday, the sixteenth day of March, 1981 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. 6 General Articles • • •ARTICLE 2 ,REPORTS OF TOWN OFFICERS, BOARDS, COMMITTEES To receive the reports of any Board or Town Officers 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. •ARTICLE 4 COMMITTEE TO STUDY BY-LAWS To see if the Town will vote to authorize the Selectmen to appoint a committee to study the General By-Laws of the Town of Lexington and to make recommenda- tions for their revision, or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This article would authorize the Selectmen to appoint a committee to study the General By-Laws of the Town. The last comprehensive review of the Town by-laws was done in 1967. • • •ARTICLE 5 COMMITTEE TO STUDY ACCESSORY APARTMENTS To see if the Town will vote to authorize the Selectmen to appoint a committee to study accessory apartments existing in the Town and to make recommendations with respect thereto, or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This article would authorize the Selectmen to appoint a committee to study the issue of accessory apartments and prepare recommendations for submission at the next annual town meeting. 7 ',ARTICLE 6 REMOVAL OF SEALER OF WEIGHT/PLUMBING INSPECTOR FROM CIVIL SERVICE To see if the Town-will vote to authorize the Selectmen to petition the General. Court for an act to remove the positions of Sealer of Weights and Measures and Plumbing and Gas Inspector from Civil Service; or act in any • other manner in relation thereto. (Inserted by the Board of Selectmen) • ' DESCRIPTION; Under Chapter 31 Section 52, the Sealer of Weights . • and. Measures, and-Plumbing' Inspector in all towns are subject to Civil Service law and rules. This article would authorize the Selectmen to petition the State Legislature for an act removing these positions from Civil Service and placing them under the local personnel rules and regulations, consistent with all other • Town employees.- . •ARTICLE ,7 • REVOKE CIVIL SERVICE FOR FUTURE POLICE OFFICERS To see if the Town will vote to revoke its acceptance of Section 37 of - Chapter 19 of the Revised Laws (now Section 48 of Chapter 31 of the General Laws) and Section 49 of Chapter 31 of the 1921 General Laws,relating to the members of the Police Department being subject to Civil Service and rules made thereunder, in order that future members of the Police Department no longer be subject thereto; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: A series of recision statutes have been passed by the State Legislature to give municipalities more flexible Home Rule Authority. Under Chapter 151 of the Acts of 1979, the Town was given authority to revoke Civil Service for future employees, where Civil Service rights are the result of the acceptance of an optional provision of the law. This statute which only applies to the . Police Department in Lexington would revoke Civil Service for future members of the Police Department and place them under local per- • sonnel rules and regulations, consistent with all other town employees. ',ARTICLE 8 AUTHORIZATION TO BARGAIN FOR REIMBURSEMENT TO WINNER FOR CONTRACT DISPUTE EXPENSES In an attempt to limit unnecessary costs incurred by the Town of Lexington, due to unreasonable contract interpretation; that if during contract nego- tiations with any of the Towns bargaining units, and said bargaining units wish to enter into agreement with the Town concerning contract dispute financial responsibility, meaning that in a dispute between the Town and • said bargaining unit, that the loser as determined by an agent of the State (Judge, Arbitor, Labor Relations Commission) , reimburse the winner of said dispute for legal expenses, out of pocket expenses, and time lost expenses. Decisions that distribute blame to both parties would not apply to this question. The question being, should the Town be directed to enter into said agreement if proposed by any of the Town's bargaining units during their bargaining •Qssions? (Inserted by John Grant and nine or more registered voters) 8 •• 4 By-laws •ARTICLE 9 AMENDMENT TO SELECTMEN BY-LAW To see if the Town will vote to amend Section 2 of Article VI of the General By-Laws relative to compensation for the Selectmen by deleting at the end thereof the words "but shall be allowed and paid Two Hundred Dollars per member per year as reimbursement for the costs and expenses incurred in office"; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This amendment would amend the Selectmen By-Law so that the Selectmen would not be automatically reimbursed for ex- penses regardless of level. Under the revised by-law expenses would be reimbursed as they occur subject to the approval of the full Board. •ARTICLE 10 TOWN-CLERK BY-LAW To see if the Town will vote to amend Article VII of the General By-Laws of the Town of Lexington by adding a new Section 7 thereto as follows: Section 7. The fees of the Town Clerk shall be as established in Section 34 of Chapter 262 of the General Laws, and any acts in amendment thereof or in addition thereto, except for the following which shall be as listed: Description Fee 1. For filing & indexing assignment for the benefit of creditors. $ 5. 2. For correcting errors in a record of birth. 5. 3. For furnishing certificate of a birth. 3. 4. For furnishing an abstract of a record of birth. 2. 5. For entering delayed record of birth. 5. 6. For filing certificate of a person conducting business under any title other than his real name. 10. 7. For the filing by a person conducting business under any title other than his real name of a statement of change of his residence, or of his discontinuance, retirement or withdrawal from, or of a change of location of, such business. 5. 8. For furnishing certified copy of certificate of person conducting business under any title other than his real name, or a state- ment by such person of his discontinuance, retirement or withdrawal from such business. 3. 9 ARTICLE 10 (Continued) Description Fee 9. For recording the name and address, the date and number of the certificate issued to a person registered for the practice of podiatry in the commonwealth. 10. 10. For correcting errors in a record of death. , 5. 11. For furnishing a certificate of death. 3. 12. For furnishing an abstract copy of a record of death. 2. 13. For entering notice of intention of marriage and issuing certificates thereof. 10. 14. For entering certificate of marriage filed by persons married out of the commonwealth. 3. 15. For issuing certificate of marriage. 3. 16. For furnishing an abstract copy of a record of marriage. 2. 17. For correcting errors in a record of marriage 5. 18. For recording certificate of registration granted to a person to engage in the practice of optometry, or issuing a certified copy thereof. 10. 19. For recording the name of the owner of a certificate of reg- istration as a physician or osteopath in the commonwealth. 10. 20. For recording order granting locations of poles, piers, abutments or conduits, alterations or transfers thereof, and increase of number of wires and cable or attachments under the provisions of section twenty-two of chapter one hundred and sixty-six, 25. flat rate and additional for each street or way included in such order. 5. additional fee 21. For copying any manuscript or record pertaining to a birth, marriage or death. 3. per page 22. For receiving and filing of a complete inventory of all items to be included in a "closing out sale", "going out of business sale", "discontinuance of business sale", "selling out", "liquidation", "lost our lease", "must vacate", "forced out", or other designation of like meaning. 2. per page 23. For filing a copy of written instrument or declaration of trust by the trustees of an association or trust, or any amendment thereof, as provided by section two of chapter one hundred and eighty-two. 10. 10 ARTICLE 10 (Continued) Description Fee 24. For recording any paper not specifically named herein, the fee shall, unless otherwise provided, be 5. per 1st p - - 2. ea. add. p If a paper contains the names of more than two parties, an additional fee of one dollar each shall be charged for 1. indexing the names of additional parties. or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This article proposes to raise the fees charged by the Town Clerk. ',ARTICLE 11 AMENDMENT TO CAPITAL EXPENDITURES COMMITTEE BY-LAW To see if the Town will vote to amend the second paragraph of Section 2 of Article XIV of the General By-Laws of the Town of Lexington relating to the Capital Expenditures Committee by striking it and substituting therefor the following: The Committee shall prior to each annual meeting for the transaction of business prepare, publish and distribute by making copies available at the Office of the Town Clerk and at Cary Memorial Library, and by mailing to each town meeting member, a report of its findings, setting forth a list of all such capital expenditures together with the committee's recommendations as to the projects that should be undertaken within the five year period and the approximate date on which each recommended project should be started. This publication may be combined with and • distributed at the same time as the Appropriation Committee Report. or act in any other manner in relation thereto. (Inserted at the Request of the Capital Expenditures Committee) . DESCRIPTION: The current By-Law reads: Section 2. Each year the Capital Expenditures Committee shall request and receive from the Town Boards and Departments a list of all capital expenditures that may be required within the ensuing five year period. The committee shall consider the relative need, timing and cost of these projects, the adequacy thereof and the effect these expenditures might have on the financial,position of the Town. The Committee shall prior to each annual meeting for the trans- action of business, prepare, publish and distribute by mail to each dwelling house and to each dwelling unit in multiple dwelling houses, • apartment buildings or other buildings in the town a report of its findings, setting forth a list of all such capital expenditures together with the committee's recommendations as to the projects that should be undertaken within the five year period and the approximate date on which each recommended project should be started. This publication may be combined with and distributed at the same time as the Appropriation Committee Report. This article is proposed so the Capital Expenditures Committee report will • be distributed in the same manner as the Appropriations Committee Report. 11 "'ARTICLE 12 AMENDMENT REGULATING NUMBER OF ANIMALS ON FARMS To see if the Town will vote to amend the Town By-Laws to provide that the number of animals presently lggally permitted on the remaining farms in Lexington be allowed to remain the same as allowed at the close of the year 1980. (Inserted by Robert G. Martin, Jr. and nine or more registered voters) 12 Planning - Zoning ARTICLE 13 EDITING CHANGES To see if the Town will vote to amend the Zoning By-Law by: a. Striking from Section 2, DEFINITIONS, the definition of ACCESSORY USE OR BUILDING, "Use or building customarily incident to and located on the same lot with the use or building to which it is accessory and not • detrimental to the neighborhood." and inserting in place thereof a new definition ACCESSORY BUILDING OR USE: A building or use which is subordinate and customarily, i,hcidental'• to the principal building or use and is located on the same lot; except that activities necessary in connection with scientific research or scientific development or related production may be on another lot if a special permit is granted. b. Striking from Section 3.1, BUILDING COMMISSIONER the first paragraph, which reads: "The Building Commissioner appointed under the provisions of the Building By-Laws of the Town of Lexington is hereby designated and authorized as the officer charged with the enforcement of this By-Law. and inserting in place thereof "The Building Commissioner appointed under the provisions of Chapter 802 and Chapter 40A of Massachusetts General Laws and the Selectmen/ Town Manager Act is hereby designated and authorized as the officer charged with the interpretation and enforcement of this By-Law." and by striking from Section 3.1.2, BUILDING PERMITS, the first sentence, the words " as provided in the Building By-Laws." so that the sentence, as amended, will read: "Applications for building permits shall be filed with the Building Commissioner on forms furnished by him." and by striking from Section 3.1.2, BUILDING PERMITS, the third sentence, the words " Building By-Law," so that the sentence, as amended, will read: "Before a foundation is constructed, a certified plot plan shall be submitted to the Building Commissioner with such information as he may deem necessary for the enforcement of the Zoning By-Law and other applicable laws, by-laws, rules and regulations of the Town." • • 13 ARTICLE 13 (Continued) . . c. Striking from Section 9.6 - National Flood Insurance District, the sentence in Section 9.6.4 (a) = CONSTRUCTION ABOVE FLOOD LEVEL, which reads "Nonresidential structures must be floodproofed and watertight to the base flood level." and inserting in place thereof a new sentence "Nonresidential structures must be elevated to or above the base flood level or must be floodproofed and watertight to the base flood level." (words added are underscored) so that Section 9.6.4 (a) , as amended, will read "a. CONSTRUCTION ABOVE FLOOD LEVEL Within those areas designated as Zones A-1 through A-30, all new residential construction or substantial improvements (the cost of which equals or exceeds fifty percent of the market value of the structure) shall have the lowest floor, including basement, elevated to or above the base flood level (the 100-year flood elevation) designated on the F.I.R.M. Non residential structures must be elevated to or above the base flood level or must be floodproofed and watertight to the base flood level. All other development must meet at least the minimum standards as set forth in the National Flood Insurance Program rules and regulations effective April 1, 1978." and d. Striking from Table 1 - USE REGULATIONS SCHEDULE, in line 8.6 the words and, with accessory signs as permitted under the Sign By-Law." so that line 8.6, as amended, will read: "Retail uses in support of a hotel or motor hotel, such as dining halls, restaurants, cafeterias, soda or dairy bars, and shops, such uses shall be wholly within or connected to the hotel or motor hotel building." or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: These are housekeeping changes to the Zoning By-Law. Item "a" adds wording about scientific research that will bring the Zoning By-Law into conformity with Chapter 40A. . Item "b" removes references to the "Building By-Laws" which are no longer in effect; the Town now administers the State Building Code. Item "c" restores words omitted by typographical error when the Zoning By-Law was reordered and renumbered in 1980; these words are important to the meaning of the sentence. Item "d" deletes reference to the "Sign By-Law" which no longer exists as a separate document; the sign regulations are now Section 10 of the Zoning By-Law. 14 •A"TICLE 14 ^.TLI!IC n_CPTITENTS SPECIAL PEaMITS To see if the Town will vote to amend the Zoning By-Law by Striking from Section 3.4.1 FILING REQUIREMENTS the first sentence which reads "A person applying for a special permit under Subsection 3.4 shall file with the SPGA six copies each of an application and preliminary site plan." and inserting in place thereof the following: "A person applying for a special permit under Section 3.4 shall file an application and a preliminary site plan, one copy of each, with the Town Clerk and six copies of each with the SPGA." or act in any other manner in relation thereto. (Inserted at the renuest of the rlannin° 3oard) DESCRIPTION: This article will make the filing requirements for a special permit with site plan review granted under Section 3.4.1, consistent with those for a special permit granted under Section 3.3.1. 4 ARTICLE 15 PENALTY FOR ZONING VIOLATION To see if the Town will vote to amend the Zoning By-Law by striking SECTION 3.1.1 PENALTY in its entirety and inserting in place thereof a new SECTION 3.1.1, as follows: "SECTION 3.1.1 PENALTY Anyone who violates a provision of this By-Law shall be punishable by a fine of not less than one hundred dollars ($100) for each offense, except that the penalty for the removal of earth materials in violation of this By-Law shall be provided for in the General By-Laws of the Town of Lexington. Each day during which any portion of a violation continues under the provisions of Section 3.1, shall constitute a separate offense." or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: This article proposes to increase the fine for zoning violations from $50.00 to $100.00 and clarifies that each day a violation exists constitutes a separate offense. 15 ARTICLE 16 SWIMMING POOLS To see if the Town will vote to amend the Zoning By-Law by: a. Striking Section 5.7 - SWIMMING POOLS AND RACQUET COURTS, in its entirety and inserting in place thereof a new Section 5.7 as follows: 5.7 SWIMMING POOLS AND RACQUET COURTS The Building Commissioner may issue a building permit for the Construction of a swimming pool or racquet court, accessory to a residential use, subject to the conditions in Section 5.7.1. The SPGA may issue a Special Permit subject to the minimum conditions in Section 5.7.1 and any other conditions that the SPGA may add for a swimming pool or racquet court that is not accessory to a residential use. 5.7.1 PROTECTIVE CONDITIONS a. The inside edge of the swimming pool shall be at least 20 feet from the lot line. No racquet court shall be constructed within 15 feet of the lot line. b. Any nighttime illumination shall be installed in such a way as not to shine directly on any neighboring structure or lot. c. A wall or fence not less than 5 feet in height shall completely surround every swimming pool. Each such fence shall be so con- structed as not to have openings, holes or spaces larger than four (4) inches. d. There shall be adequate screening. e. Applications for a building or a special permit shall contain an order under the provisions of Article XXXIII of the General By-Laws, or a determination by the Conservation Commission that ' Article XXXIII is not applicable or that an Order of Conditions is not necessary. and b. Striking from Table 1 - Use Regulation Schedule, line 8.1 the words "Swimming pools, provided that any such pool which meets the definition of a structure shall be subject to provisions of Table 2 of the By-Law." or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: The proposed change would allow the Building Commissioner to issue a building permit, subject to the protective conditions spelled out, for a resident to construct a swimming pool or racquet ball court, rather than the Board of Appeals granting a special permit. A special permit from the Board of Appeals would still be required for a swimming pool or racquet ball court that is not accessory to a residential use. More requirements based on the Town's recent experience, are added to the protective conditions section. 16 'PARTICLE 17 ENLARGING, NON-CONFORMING STRUCTURES To see if the Town will vote to amend the Zoning By-Law in Section 6.3, which deals with enlarging non-conforming structures by striking the last sentence which reads: "Any other lawfully existing non-conforming buildings shall not be extended or enlarged except with a variance granted by the Board of Appeals under the provision of Section 3.2.2 of this By-Law, and provided the Board of Appeals finds that such change, extension or alteration shall not be substantially more detrimental to the neighborhood than the existing non-conforming building. and inserting in place thereof the following: "Any other lawfully existing non-conforming building may be extended or enlarged if the Board of Appeals grants a special permit under the provisions of Section 3.3 of this By-Law, provided such extension or enlargement does not violate any dimensional controls applicable at the time of approval for such extension or enlargement, and provided the Board of Appeals finds that such extension or enlargement is not more detrimental to the neighborhood than the existing non- conforming building." or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: Presently a lawfully existing non-conforming building may not be enlarged unless the Board of Appeals grants a variance, the criteria for which are very strict under the new state Zoning Act. This proposal allows the Board of Appeals to grant a special permit instead. The current right to expand lawfully non-conforming one and two-family dwellings is not changed. "PARTICLE 18 EXEMPTIONS; CERTAIN NON-COMPLYING BUILDINGS To see if the Town will vote to amend the Zoning By-Law by adding a new section 7.4.9 as follows: "7.4.9 EXEMPTIONS FOR CERTAIN NON-COMPLYING BUILDINGS If a building, or a part of a building, does not comply with the dimensional controls of this By-Law or those that were in effect when it was constructed, it shall be considered to comply with this By-Law and the Building Commissioner may issue a certificate of zoning com- pliance under the provisions of section 3.1.5 if the following con- ditions are met: 1) The non-compliance has existed for at least six consecutive years preceeding the request for a certificate during which time no enforcement action under the provisions of sections 3.1 and 3.2 of this By-Law has been taken, and 17 ARTICLE 18 (Continued) 2) The non-compliance was not created or increased by changes in lot lines after the construction of the building, and 3) There is evidence that the building was constructed in accordance with a building permit issued by the Town. If a building, or a part of a building, does not comply with the dimensional controls of this By-Law or those that were in effect when it was constructed, and conditions 1) and 2) above are met but there is no evidence a building permit was issued or the construction is not in accordance with a building permit duly issued, the Board of Appeals may grant a special permit for the continued use of the building under the provisions of section 3.3 of this By-Law provided the Board of Appeals finds that the building is not a substantial detriment to the neighborhood. " of act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: There are a number of buildings in town that do not conform to either the current dimensional requirements of the Zoning By-Law or to those that were in effect when they were built. Frequently, the non- compliance is minor but does affect property transfers. Rather than require a variance, the proposal permits the Building Commissioner to issue a Certificate of Zoning Compliance if the six year statute of limitations has expired and other conditions are met, or for the Board of Appeals to grant a special permit in certain other cases. •ARTICLE 19 OPEN SPACE, RD DISTRICT To see if the Town will vote to amend the Zoning By-Law by: striking from Section 8.1.8 OPEN SPACE REQUIREMENTS the second sentence, which reads: "Such open land. shall be in addition to required front, side and rear yards and may be in one or more parcels of a size and shape appropriate for the intended use and may be conveyed either to and accepted by the Town or its Conservation Commission, to a legal association comprised of the homeowners within such tract, or to a non-profit organization the principal purpose of which is the conservation of open space." and inserting in place thereof the following: "Such open land shall not include any land within 40 feet of a building, other than a building accessory to the open space use. It may be in one or more parcels of a size and shape appropriate for the intended use and may be conveyed either to and accepted by the Town or its Conservation Commission, to a legal association comprised of the homeowners within such tract, or to a non-profit • organization the principal purpose of which is the conservation of open space." 18 • ARTICLE 19 (Continued) or act in any other manner in relation, thereto. (Inserted at the request of the Planning Board) DESCRIPTION: The proposal eliminates the current prohibition against counting land within 40 feet of lot lines from the requirement that 25% of the land in an RD (Multi-Dwelling) district be provided as open space and set aside for conservation, recreation, park or buffer area. The proposal would exclude the 40 feet immediately surrounding buildings from being counted in the required 25% open space. •ARTICLE 20 ACCESSORY USES, GARAGES To see if the Town will vote to amend the Zoning By-Law in Table 1, USE REGULATIONS SCHEDULE, line 8.8, "Garage space larger than permitted under Line 8.1 above," by striking from the columns headed "RO/RS", "RH", "RT", "RD" and "RM", the designation "No," and inserting in place thereof the following: Under the columns headed "RO/RS" and "RT" respectively the designation "SP", and - Under the columns headed "RH", "RD", and "RM" respectively the desig- nation "SPS" or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: Presently garages with more than three car spaces are not permitted in any of the residence districts. Several of the recent condominium developments have contained garages for more than three cars. The proposal allows the Board of Appeals to grant a special permit, rather than a variance, for garages for more than three cars in the zoning districts in which they are now prohibited. •ARTICLE 21 SETBACK REODIREMENTS To see if the Town will vote to amend the Zoning By-Law in Table 2, Schedule of Dimensional Controls, Minimum Side and Rear Yard Adjacent to Residential District, by striking from the columns headed "CM" and "CO" the designation "75 ft." and "50 ft" respectively, and inserting in place thereof the following: Under the columns headed "CM" and "CO" respectively the designation "100 ft" or act in any other manner in relation, thereto (Inserted at the request of the Planning Board) DESCRIPTION: Presently the setback requirement for a side yard or rear yard adjacent to a residential district is 75 feet in a CM (Manufacturing and Research Park) , 50 feet in a CO (Office) district and 100 feet in a CR (Office and Research Park) and a CH (Hotel) district. The proposal makes the requirement for setbacks adjacent to residential districts uniform among the four commercial districts mentioned. 19 0 ARTICLE 22 PURPOSE OF ZONING To see if the Town will vote to amend the Zoning By-Law by Striking Section 1.1 PURPOSE which reads "For the purposes set forth in Section 2A of Chapter 808 of the Acts of 1975, and all acts in amendment thereof and in addition thereto, and • under the authority thereof and any other enabling laws, the inspection, construction, alteration, repair , height, number of stories, area, size, location and the use of buildings and structures, the size of lots, yards, courts and other open spaces and the use of land in the Town of Lexington are hereby regulated as herein provided." and inserting in place thereof the following "For the purposes set forth in Section 2A of Chapter 808 of the Acts of 1975, and all acts in amendment thereof and in addition thereto, and under the authority thereof, the uses of land, including wetlands and lands deemed subject to seasonal or periodic flooding; the size, height, bulk, location and use of structures, including buildings and signs; noxious uses; areas and dimensions of land and bodies of water to be occupied or unoccupied by uses and structures, courts, yards and open spaces; the density of population and intensity of use; accessory facilities and uses, such as vehicle parking and loading, landscaping and open space; and the development of the natural, scenic and aesthetic qualities of the Town of Lexington are hereby regulated as herein provided." or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: The proposed amendment deletes reference to the inspection, construction, or alteration of buildings, which are covered under the pro- visions of the State Building Code and inserts additional language, taken from Section 2A of Chapter 808 of the Acts of 1975, the Zoning Act, which gives a more complete description of the purpose of zoning. •ARTICLE 23 OCCUPANCY PERMIT To see if the Town will vote to amend the Zoning By-Law by striking Section 3.1.4 OCCUPANCY PERMIT in its entirety with no substitution. Section 3.1.4 now reads: "3.1.4 OCCUPANCY PERMIT A permit to erect, relocate or alter any building or structure shall be deemed a permit to occupy or use such building or structure for the use and purposes set forth_ in such permit when the building or structure is completed to the satisfaction of the Building Commissioner in accordance with the provisions of such permit and with the plans and specifications filed with the Building Commissioner, and when adequate means of sewage disposal have been provided; provided, however, that the right to occupy or use shall be subject of revocation, modification or denial in accordance with the provisions of this By-Law and other applicable laws. " TO • ARTICLE 23 (Continued) or as in any manner in relation thereto. . (Inserted at the request of the Planning Board) DESCRIPTION: This amendment would delete from the Zoning By-Law the section dealing with the issuance of occupancy permits which is already covered in the State Building Code, which contains the only authority for issuing an occupancy permit. •ARTICLE 24 CERTIFICATE OF COMPLIANCE To see if the Town will vote to amend the Zoning By-Law by striking Section 3.1.5, CERTIFICATE OF COMPLIANCE, in its entirety and inserting in place thereof a new Section 3.1.5:as follows: "3.1.5 CERTIFICATE OF ZONING COMPLIANCE The Building Commissioner may issue a certificate of zoning compliance • with the Zoning By-Law stating, that, in his opinion, an existing or proposed use of land, buildings or structures complies, or would comply, with the Zoning By-Law. .Each certificate issued shall state that the opinion given is an administrative determination of the Building Commissioner and does not necessarily represent a final legal determination by the Town. The Building Commissioner may request a review and recommendation by the Planning Board which shall be made within 14 days of receipt of the request. Each certi- ficate shall refer to specific plans or proposed use and specific sections of this By-Law. A record of all certificates shall be maintained on file with the Building Department; one copy of each certificate shall be furnished to the Planning Board and the Board of Appeals. A reasonable fee; as set forth from time to time by the Board of Selectmen, may be charged for each certificate of zoning uumpliance" or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: The certificate is used in cases where an official determination • is needed that some lot or structure or use of a lot or structure meets relevant zoning requirements. Presently the Building Commissioner may not issue a certificate without the concurrence of the Planning Board. The proposal provides for a review period but not the concurrence of the Planning Board. The certificate also provides a more economical procedure for determining compliance in the initial planning phases of a proposed project rather than applying for a building permit which has non-refundable fees. •ARTICLE 25 FAIR HOUSING RESOLUTION • To see if the Town will vote to adopt a resolution setting forth a policy' relating to fair housing; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) • 21 ARTICLE 25 (Continued) DESCRIPTION: This article proposes the adoption of a Fair Housing Resolution as recommended by the Fair Housing Committee. ARTICLE 26 (W) WETLAND PROTECTION DISTRICT CAMBRIDGE RESERVOIR LAND To see if the Town will vote to amend the Zoning By-Law by designating on the Zoning Map a parcel of land commonly known as Cambridge Reservoir, as being in the Wetland Protection District, which is superimposed over the existing RO, One-Family Dwelling District, and is bounded and described as follows: Beginning at a point on the Westerly sideline of Route 128 (State Highway) and the northerly sideline of Lincoln Street, thence by said sideline WESTERLY to the southwesterly sideline of Mill Street, so called, thence by said sideline of Mill Street; NORTHERLY to the northwesterly corner of land now or formerly of Reine & Louise O'Connor of 439 Lincoln Street, thence; SOUTHERLY by said land of Reine & Louise O'Connor distant 200± feet to a point, thence; WESTERLY by land now orformerlyo£Albert Piantedosi, 443 Lincoln Street, distant 4201 feet of a point, thence; SOUTHERLY by said land of Albert Piantedosi, distant 4001 feet to the afore said sideline of Lincoln Street, thence; WESTERLY by said sideline to the •Towi Line of Lexington and Lincoln, thence; NORTHWESTERLY by said Town Line to the most southerly corner of land now or formerly of the Town of Lexington, as shown on Assessors Map 44, Lot 3A, thence; NORTHEASTERLY by said land of the Town of Lexington, 328± feet to a point thence; SOUTHEASTERLY by said land of the Town of Lexington 350± feet to a point, thence; NORTHEASTERLY by said land of the Town of Lexington 560± feet to a point on the southerly property line of land now or formerly of the Boston Edison Company as shown on Assessors Map 44, Lot 1, thence; SOUTHEASTERLY by said land of the Boston Edison Company, 196.7± feet to a point, thence; 22 ARTICLE 26 (Continued) EASTERLY by said land of the Boston Edison Company, 167.4± feet to a point on the southwesterly corner of land now or formerly of Honeywell, Inc. , thence; SOUTHWESTERLY by said land of Honeywell, Inc. , 347.1± feet to a point, thence; SOUTHERLY by said land of Honeywell, Inc. , 186± feet to a point, thence; SOUTHEASTERLY by said land of Honeywell, Inc. , 346.7± feet to a point on the most southwesterly corner of land now or formerly of Wellford Associates, as shown on Assessors Map 43, Lot 9C, thence; EASTERLY by said land of Wellford Associates, 352.4± feet to a point on the southwesterly corner of land now or formerly of the City of Cambridge, as shown on the Assessors Map 43, Lot 8, thence; EASTERLY by said land of the City of Cambridge, 330± feet to a point on the westerly property line of land now or formerly of Rosina Busa, as shown on Assessors Map 43, Lot 7, thence; SOUTHERLY by said land of Rosina Busa, 196± feet to a point on the northwesterly corner of land now or formerly of Concetta Venuti, as shown on Assessors Map 35, Lot 6, thence; SOUTHERLY by said land of Concetta Venuti to the middle of unnamed brook, thence; SOUTHERLY by said land of Concetta Venuti , 132± feet to a point, thence; • SOUTHEASTERLY by said land of Concetta Venuti, 455± feet to a point of the westerly sideline of Route 128 (State Highway) , thence; SOUTHERLY by said sideline of Route 128, 5471 feet to the point of beginning; containing 65 acres of land, more or less; all such distances being approximate. Said land is shown on a plan entitled "Composite Plan of Cambridge Water Land As Shown on Town of Lexington Assessors Maps 35, 43 and 44" dated January 1981; or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: The City of Cambridge Water Department has requested that approximately 65 acres of land in the Hobbs Brook Basin, which it owns, be placed in the Wetland Protection District. The proposal will add to the existing Wetland Protection District in effect on adjoining Cambridge Water Department land. The Wetland Protection District is an "overlay" zoning district superimposed over the existing RO One-Family Dwelling District, which remains in effect. 23 • • ARTICLE 27 REZONE RO TO RD, MULTI-FAMILY DWELLING, LAND OFF RIDGE ROAD To see if the Town will vote to amend the Zoning By-Law by changing the district designation from RO, One Family Dwelling to RD, Multi Dwelling, of land off Ridge Road adjacent to the Vine Brook and Emerson Road, bounded and described as follows; EASTERLY By Ridge Road on a curved line, Seven Hundred Forty-Three and 20/100 (743.20) feet; SOUTHERLY by land now or formerly of Carlson, now or formerly of •Nutt, now or formerly of Morey, Five Hundred Fifty-Four and 12/100 (554.12) feet; SOUTHEASTERLY by land now or formerly of Morey, Two Hundred Fifty and 49/100 (250.49) feet; • SOUTHERLY ' by land now or formerly of Maxner, Seventy-Four and 25/100 (74.25) feet; EASTERLY by land now or formerly of Maxner, One Hundred Fifty and 18/100 (150.18) feet; SOUTHERLY by land now or formerly of Samourian, Five Hundred Sixty-Seven and 10/100 (567.10) feet; WESTERLY by land of Town of Lexington, Fifty-One (51.00) feet; • SOUTHERLY by land of Town of Lexington, Five Hundred Two and 13/100 (502.13) feet; WESTERLY by land of Town of Lexington, Six Hundred Thirty-Five (635.00) feet ±; NORTHWESTERLY along Vine Brook' by a series of curved lines measuring a total of Seven Hundred Ninety-Five (795.00) feet ±; NORTHERLY by land of Town of Lexington, by land now or formerly of Gaut, by Emerson Road, Five Hundred Seventy-Six and 39/100 (576.39) feet ±; • EASTERLY by land now or formerly of Broglino, Twenty and 03/100 (20.03) feet; NORTHERLY by land now or formerly of Broglino, One Hundred Ninety-Two and 08/100 (192.08) feet; WESTERLY by land now or formerly of Broglino, Twenty and 25/100 (20.25) feet; NORTHERLY by land now or formerly of Nagpaul, by land bow or formerly of Shah, by land now or formerly of Dratch, Three Hundred Ninety- Seven and 80/100 (397.80) feet; • 24 ARTICLE 27 (Continued) NORTHEASTERLY by land now or formerly of Sherman, Three Hundred Eighty and 62/100 (380.62) feet; } SOUTHERLY by land now or formerly of Wasilec, One Hundred Eighty-Six and 15/100 (186.15) feet; EASTERLY by land now or formerly of Wasilec, Two Hundred Fifty-Six and 36/100 (256. 36) feet; and SOUTHERLY by land now or formerly of Wasilec, Two Hundred Two and 98/100 (202.98) feet to point of beginning. comprising 45 acres, more or less; all such distances being approximate, Said land is shown on a plan entitled "Ridge Estates II, Lot Layout Plan, " by Joseph W. Moore Co. , Land Surveyors, Civil Engineers dated October 10, 1979 on sheets 1, 2, 3 and 4 or 12; or act in any other manner in relation thereto. (Inserted at the request of Cheryl Ann Burke and nine or more registered voters.) DESCRIPTION: This proposal, submitted on behalf of Theodore Freeman of Acton, developer, is to rezone land off Ridge Road adjacent to the Vine Brook and near Emerson Road and East Street, from a one-family residential district to a district permitting apartment houses. The proposal, named Prescott Village, calls for 127 condominium units. The RD district requires that the developer submit a site development plan for approval by the Town Meeting. "'ARTICLE 28 REZONE RO TO CM, MANUFACTURING AND RESEARCH PARK, HARTWELL AVE. , TROPEANO LAND. To see if the Town will vote to amend the Zoning By-Law by changing the district designation from RO, One Family Dwelling to CM, Manufacturing and Research Park, of land on the east side of Hartwell Avenue, commonly known as the Tropeano and Nylander property, bounded and described as follows: NORTHEASTERLY by the boundary line of C.M. land and R.O. (formerly R.1. ) land 600 feet more or less; SOUTHEASTERLY by the middle line of the drain ditch and land now or formerly of Maguire, 540 feet more or less; SOUTHWESTERLY by land now or formerly of Cosgrove, 2.49.98 feet more or less; SOUTHERLY by other land now or formerly of Cosgrove, 110.98 feet more or less; and 25 ARTICLE 28 (Continued) NORTHWESTERLY ' by Hartwell Avenue 440 feet more or less; containing four and 1/10 (4.1) acres, more or less; all such distances being approximate; or act in any other manner in relation thereto. (Inserted at the request of Alfred P. Tropeano and nine or more registered voters. ) DESCRIPTION: This proposal, submitted by Alfred P. Tropeano, of Lexington, developer, is to rezone land on the east (Route 128) side of Hartwell Avenue, adjacent to the Town Sanitary Landfill, and the Cosgrove property, by extending the existing Manufacturing and Research Park District into land now in a one-family residential district. In a CM district, the developer is not required to submit a site development and use plan to the Town Meeting and may construct a building that complies with the general requirements of the CM district. • ARTICLE 29 REZONE RO AND CM TO CD, CONTROLLED COMMERCIAL INDUSTRIAL, HARTWELL AVE AT WOOD STREET To see if the Town will vote to amend the Zoning By-Law by changing the district designation from RO, One Family Dwelling and CM, Manufacturing and Research Park to CD, Controlled Commercial and Industrial, of land at the intersection of Hartwell Avenue and Wood Street, commonly known as the Cosgrove property, bounded and described as follows: NORTHWESTERLY, 1048.01 feet, by Hartwell Avenue; NORTHWESTERLY, again 110.98 feet, by land now or formerly of Wilbur C. Nylander, et al. ; NORTHEASTERLY, 249.48 feet, by the same; - . NORTHWESTERLY, again about 848 feet, by the same; SOUTHEASTERLY, EASTERLY, NORTHEASTERLY, again, and SOUTHEASTERLY, Again by Shawsheen Brook; SOUTHEASTERLY, about 1527 feet, by land of the Town of Lexington; SOUTHWESTERLY, 109.52 feet, by other land of James V. and Eleanor M. Cosgrove; SOUTHEASTERLY, again about 500 feet, by Wood Street and the intersection of Wood Street with Hartwell Avenue; comprising 22.6 acres, more or less; all such distances being approximate. 26 ARTICLE 29 (Continued) • Said land being the same parcels shown as (a) Lot 24, Lot 31 and land labelled "Owner Unknown" and "Old Wood Street" on Land Court Plan No. 6686W, filed with Certificate of Title No. 8835, South Registry District of Middlesex County, and (b) Lot 12 on a "Plan of Farm belonging to Francis and Hugh J. Maguire, Lexington, Mass. " by F.P. Cutter, Surveyor, recorded with Middlesex South District Registry of Deeds on June 9, 1897, in Plan Book 104, Page 24, . • or take any action relative thereto. (Inserted at the request of James V. Cosgrove and nine or more registered voters.) DESCRIPTION: This proposal, submitted in behalf of Spaulding and Slye Company, of Burlington, developer, is to rezone land, known as the Cosgrove property, at the intersection of Hartwell Avenue and Wood Street, from a one-family residential district'to a Controlled Commercial District. The proposal calls for three buildings having a total of 190,000 square feet of floor' space and total of about 652* parking spaces on the site. The CD district requires that the developer submit a site development and use plan for approval by Town Meeting. •ARTICLE 30 REZONE RO TQ CD, CONTROLLED COMMERCIAL INDUSTRIAL DISTRICT, WALTHAM STREET To see if the Town will vote to amend the Zoning By-Law by changing the district designation from RO, One Family Dwelling to CD; Controlled Commercial and Industrial, of land on the westerly side of Waltham Street,' near the Waltham City line, commonly known as the Frasca Property, bounded and described as follows: SOUTHEASTERLY by Waltham Street, forty-one (41±) feet, more or less; SOUTHERLY by land now or formerly of Dominions and Anna Gaudet, in two courses measuring twenty-eight. (28±) feet, more or less; and 'one hundred forty (140±) feet, more or less; • - SOUTHEASTERLY by land now or formerly of Dominioue and Anna Gaudet, in two . courses measuring one hundred sixty (160-) feet, more or less on an irregular curved line; and fifty-five (55±) feet more or less; SOUTHWESTERLY by land now or formerly of Reginald Buckler, one hundred forty-two and 31/100 (142. 31) feet; SOUTHEASTERLY by land now or formerly_of Reginald Buckler, in three courses measuring nine and 46/100 (9.46) feet; thirty-three and 19/100 (33. 19) feet on a curved line; and eighty-three and 30/100 (83. 30) feet; NORTHEASTERLY by land now or formerly of Reginald Buckler one hundred sixty-one and 70/100 (161.70) feet; 27 ARTICLE 30 (Continued) SOUTHEASTERLY by land now 2r formerly of Dominique and Anna Daudet, six hundred (600-) feet, more or less; SOUTHERLY by land now or formerly of Dominique and Anna Gaudet or now or formerly of the Heirs of Amos Stearns on a curved line, thirty-eight (38±) feet, more or less; SOUTHWESTERLY by land now or formerly of the Heirs of Amos Stearns, five hundred ten (510±) feet, more or less; NORTHWESTERLY by land now or formerly of the Town of Lexington, ninety-five (95±) Feet, more or less; WESTERLY by land now or formerly of the Town of Lexington, fifty-two (52±) feet, more or less; NORTHWESTERLY by land now or formerly of the Town of Lexington, six hundred twenty (620±) feet, more or less; NORTHEASTERLY by land now or formerly of Isabela Fardv four hundred ten (410±) feet, more or less; NORTHERLY by land now or formerly of Isabela Fardy four hundred thirty (430±) feet, more or less; EASTERLY by land now or formerly of Catherine P. Little, thirty-three (33±) feet, more or less; NORTHEASTERLY by land now or formerly of Catherine F. Little, sixty-three and 19/100 (63. 19) feet, more or less; EASTERLY by land now or formerly of Mae G. Bowie, one hundred nineteen (119±) feet, more or less; NORTHERLY by land now or formerly of Mae G. Bowie, in two courses measuring, forty-six (46±) feet, more or less on a curved line, and one hundred fifteen and 86/100 (115.86) feet to the point of beginning. Containing 14.5 acres of land, more or less;- all such distances being approximate. Said land is shown on a plan entitled "Plan of Land in Lexington, Mans. , belonging to Margaret R. Wright" dated June, 1942, Rowland H. Barnes ti Co. - civil P:ngr's; or act in any other manner in relation thereto. (Inserted at the request of Jonathan Clarke • 'and nine or more registered voters. ) DESCRIPTION: This proposal, submitted in behalf of Michael Colangelo, of Lexington, developer, is to rezone land, known as the Frasca property, on the westerly side of Waltham Street, in the vicinity of the Lexington Elks Club and the Star Market, from a one-family residential district to a Controlled Commercial District. The proposal calls for two 3-story buildings, each having 60,000 square feet of floor space and a total of 400 parking spaces on the site. The CD district requires that the developer submit a site development and use plan for approval by the Town Meeting. 2$ •ARTICLE 31 REZONE RO TO RM, MULTI-FAMILY (GARDEN APARTMENT) DISTRICT, WALTHAM STREET To see if the Town will vote to amend the Zoning By-Law by changing the district designation from RO, One-Family Dwelling to RM, Multi-Family (Garden Apartment) , of land on the easterly side of Waltham Street, near the Waltham City line, commonly known as the DeVincent Property, bounded and described as follows: WESTERLY by Waltham Street, four hundred forty (440) feet; NORTHERLY by land of Kasparian, three hundred sixty-eight (368) feet; WESTERLY & by land of Kasparian and Brash to land now or formerly of NORTHERLY Ballow; one hundred seventeen (117) feet; EASTERLY by land formerly of Ballow, six and 06/100 (6.06) feet; NORTHERLY by land formerly of Ballow, one hundred twelve and 07/100 (112.07) feet; EASTERLY by land formerly of Ballow and by land of Town of Lexington five hundred sixty-six and 35/100 (566. 35) feet; SOUTHERLY by land of the Town of Lexington, one hundred nine and 30/100 (109. 30) feet: EASTERLY by land of the Town of Lexington, fourteen and 33/100 (14. 33) feet; SOUTHWESTERLY by land of Ricci, one hundred fifty-one and 17/100 (151.17) • feet; • WESTERLY by land of Ricci by the center line of a cart road, one hundred twenty-three and 03/100 (123.03) feet; SOUTHERLY by land of Ricci, five hundred fifty-one and 10/100 (551.10) feet to the point of beginning. Be all of said measurements more or less; comprising 6.14 acres, more or less; all such distances being approximate; or act in any other manner in relation thereto. (Inserted at the request of Cheryl Ann Burke and nine or more registered voters.) DESCRIPTION: This proposal, submitted in behalf of Arthur DeVincent of Waltham, developer, is to rezone the same land, known as the DeVincent property on the easterly side of Waltham Street, as is described in Article 32 below from a one-family residential district to a district permitting "garden apartments". In an RM district, the developer is not required to submit a site development plan to the Town Meeting and may construct buildings that comply with the general requirements of the RM district. .29 lb " .T, O_N >► � 1Ail . �`1 , iii, I r .` .car. �j, , ,, Liaik 23 1 0 it . ,rte.". p 6 t ft ' O •28 s ,. i, w .. 4 \ \\AAVA. * ,ttm--4, 1 j q a. t1 34A ` q r v 1 �Y V / MAP OF THE TOWN or LEXINGTON �`"�!OUTa a = � tc MA36AGHUSETTS �� r��7 tie 1 , MICTOFM 11.1 rat R w r ...• . I' 1981 N / W 0 B u R __--•--'1" , Y�i—�— 1 # is \ j Iti v fah fi-,-S__1/4 ...-'''---'4tit 't � %. A V y ''�� Itr7,4-tsigri,„ -,,g,vsii,„..4„,. .,„ \ ,,,,,,,47,0 , 1 , •1 doW. - jest' "ISS-,02M iiii 141 kw iick.. ri tY> \\' ,....'ftc-t•I. 4, rub..i 5 - tcr+ zz •1 er 'e -. i e ,,,,,.. -,,..„ L.,_,J,_ . es, „,....,,.., • . ,, ../.. ,,:,„„...„. „,„,. , .4„,,,, .....„ ... ,,,., ,.. *k e' .3 ` t:'>( oe �so . '� '' r P4- 'f ' a To I'stCuEs 0. de ''' 2,7- L Mop N P EF UMe i�Wi1 ("ARTICLE 32 REZONE RO TO RD, MULTI-DWELLING;. DISTRICT, WALTHAM STREET To see if the Town will vote to amend the Zoning By-Law by changing the district designation from RO, One Family Dwelling to RD, Multi-Dwelling, of land on the easterly side of Waltham Street, near the Waltham City line, commonly known as the DeVincent Property, bounded and described as follows: WESTERLY by Waltham Street, four hundred forty (440) feet; NORTHERLY by land of Kasparian, \three hundred sixty-eight (368) feet; WESTERLY & by land of Kasparian and Brash to land now or formerly of NORTHERLY Ballow; one hundred seventeen (117) feet; EASTERLY by land formerly of Ballow, six and 06/100 (6.06) feet; NORTHERLY by land formerly of Ballow, one hundred twelve and 07/100 (112.07) feet; EASTERLY by land formerly of Ballow and by land of the Town of Lexington, five hunched sixty-six and 35/100 (566.35) feet; SOUTHERLY by land of the Town of Lexington, one hundred nine and 30/100 (109.30) feet; EASTERLY by land of the Town of Lexington, fourteen and 33/100 (14. 33) feet; SOUTHWESTERLY by land of Ricci, one hundred fifty-one and 17/100 (151.17) feet; WESTERLY by land of Ricci by the center line of a cart road, one hundred twenty-three and 03/100 (123.03) feet; SOUTHERLY by land of Ricci, five hundred fifty-one and 10/100 (551.10) feet to the point of beginning. Be all of said measurements more or less. comprising 6.14 acres, more or less; all such distances being approximate; or act in any other manner in relation thereto. (Inserted at the request of Cheryl Ann Burke and nine or more registered voters.) DESCRIPTION: This proposal, submitted on behalf of Arthur DeVincent of Waltham, developer, is to rezone land, known as the DeVincent property, on the easterly side of Waltham Street adjacent to the Ricci property and the office buildings at 1010 Waltham Street, from a one-family residential district to a district permitting apartment houses. The proposal calls for 49 condominium units with a total of 83 parking spaces on the site. The RD district requires that the developer submit a site development plan for approval by the Town Meeting. 30 •ARTICLE 33 REZONE RD TO CG, GENERAL BUSINESS MARRETT ROAD AT LINCOLN STREET To see if the Town will vote to amend the Zoning By-Law by changing the district designation from RO, One Family Dwelling to CG, General Business, of land at the intersection of Marrett Road and Lincoln Street, commonly known as the Hartery property, bounded and described as follows: Beginning at a point on Lincoln Street at the intersection of Lot 10 and Lot 9 and running NORTHWESTERLY along Lot 9, 198.11 feet to Lot No.11; thence turning and running NORTHEASTERLY along Lot No. 11, 141.5 feet to Parrett Road; thence turning and running SOUTHEASTERLY along Marrett Road 29 feet to the beginning of a curve, with a radius of 470.68; thence along said curve 133.9 feet to the beginning of a second curve with a radius of 61.59 at the function of Marrett Road and Loncoln Street; thence along said second curve 90.32 feet to the end of said curve: thence SOUTHWESTERLY along Lincoln Street 79.21 feet to the point of beginning, all measurements being more or less. comprising 28,470 scluare feet, more or less; all such distances being approximate; Said land is shown on a plan entitled: "Sub-division of the Barrymeade Farm in the Town of Lexington, Mass. , April 22, 1946", and recorded in Middlesex South District Registry of Deeds at the end of Book 6987 as nlan 744 of 1946, or act in any other manner in relation thereto. (Inserted at the request of Harley H. Anderson and nine or more registered voters. ) DESCRIPTION: This proposal, submitted in behalf of Richard F. Perry, of Lexington, developer, is to rezone land, known as the Hartery property, at the intersection of Marrett Road and Lincoln Street from a one-family residential district to a General Business District. In a CG district, the developer is not required to submit a site development plan to the Town Meeting and may construct a building that complies with the general requirements of the CG district. 31 ARTICLE 34 REZONE RO TO CD, CONTROLLED COMMERCIAL & INDUSTRIAL DISTRICT, MARRETT ROAD NEAR MINUTEMAN VO TECH SCHOOL To see if the Town will vote to amend the Zoning By-Law by changing the district designation from RO, One Family Dwelling to CD, Controlled Commercial and Industrial, of land on the south side of Marrett Road, adjacent to the Minuteman Regional Vocational Technical School and near the intersection of Old Massachusetts Avenue and Marrett Road, commonly known as the Boston Edison property, bounded and described as follows: Beginning at a Massachusetts Highway bound at the point of tangent of a curve, thence running, SOUTHEASTERLY by the Southwesterly sideline of Marrett Road, one hundred thirty-five and 43/100 (135.43)± feet to a point, thence turning aid running SOUTHERLY four hundred and 00/100- (400.00) feet by land now or formerly of the United States of America to a point thence turning and running SOUTHEASTERLY two hundred thirty-five and 03/100- (235.03) feet by land now or formerly of the United States of America, to a stone bound, thence turnin7 and running SOUTHEASTERLY two hundred fourteen and 75/100- (214.75) feet by land now or formerly of the United States of America to a stone bound on theSouthwesterly side of Marrett Road, thence turning and running SOUTHEASTERLY one hundred sixty and 00/100 (160.00)- feet by the Southwesterly sideline of Marrett Road to a point, thence turning and running WESTERLY two hundred seventy-two and 46/100± (272.46) feet by land now or formerly of Dunfey-Lexington Trust to a point, thence turning and running SOUTHERLY two hundred forty and 88/1001(240.88)feet to a point, thence turning and running SOUTHERLY three hundred ninety-eight and 05/100± (398.05) feet to a stone bound the last two courses by land now or formerly of Dunfey- Lexington Trust, thence turning and running SOUTHWESTERLY two hundred eight and 34/100- (208. 34) feet to an oak tree, thence turning and running NORTHWESTERLY three hundred twenty-six and 46/100± (326.46) feet to to a concrete bound, thence turning and running SOUTHERLY one thousand seventy-four and 26/100± (1,074.26) feet to a drill hole the last four courses by land now or formerly of Carmelo and Catherine Rinaldo, thence turning and running NORTHWESTERLY one hundred sixty-seven and 39/100± (167: 39) feet by land now or formerly of the City of Cambridge to a point, thence turning and running NORTHWESTERLY one hundred four and 07/100± (104.07) feet, by land now or formerly of the City of Cambridge and Arthur C. Comey to a point, thence turning and running NORTHERLY two thousand three hundred five and 61/100± (2305.61) feet by land now or formerly of the Boston Edison Company to a point on the Southerly sideline of Massachusetts Avenue, thence turning and running EASTERLY eight and 86/100± (8.86) feet by the Southerly sideline 32 ARTICLE 34 (Continued) REZONE RO TO CD, CONTROLLED COMMERCIAL & INDUSTRIAL DISTRICT, MARRETT ROAD NEAR MINUTEMAN VOCA- TIONAL TECHNICAL SCHOOL of Massachusetts Avenue to a Massachusetts Highway bound at the point of curvature, thence turning and running SOUTHEASTERLY one hundred seventy-one and 89/1001- (171.89) feet by a curve to the right having a radius of three hundred twenty nine and 30/1001 (329.30) feet to a Massachusetts Highway bound and the point of beginning Containing twenty-two (22±) acres more or less; all such distances being approximate. • Said land is shown on a plan entitled: "Compiled Sketch Plan of land in Lexington, Mass. for Proposed Rezoning by Nolan, Norton & Co. , Inc. , dated December 29, 1980, by Boston Survey Consultants, Inc." or act in any other manner in relation thereto. (Inserted at the request of Dennis R. Lowe and nine or more registered voters) DESCRIPTION: This proposal, submitted in behalf of Nolan, Norton and Company, Inc., of 1 Forbes Road, Lexington, is to rezone land, now owned by Boston Edison Company, off Marrett Road near the Minuteman Vocational Technical School, from a one-family residential district to a Controlled Commercial District. The proposal calls for one building, having about 100,000 square feet of floor space and a total of 350 parking spaces on the site. The CD district requires that the developer submit a site development and use plan for approval by the Town Meeting. ARTICLE 35 REZONE RT TO RD, MULTI-DWELLING DISTRICT: ADAMS SCHOOL To see if the Town will vote to amend the Zoning By-Law by changing the zoning district designation from RT, Two Family Dwelling District, to RD, Multi-Dwelling District, of land off Massachusetts Avenue generally known as the Adams School; or act in any other manner in relation thereto. (Inserted at the request of the Board of Selectmen) DESCRIPTION: As part of the disposition process for the Adams School (see Article 36 ) , a parallel zoning action nay „e necessary. At this writing, the School Sites Conversion Committee and the Board of Selectmen are reviewing several proposals and have not selected a developer. This Article has been submitted as a contingency in case the designated developer may want to have the property rezoned to the RD zoning district. 33 "ARTICLE 36 ADAMS SCHOOL To see if the Town will vote to authorize the Selectmen to convey the Adams School property on Massachusetts Avenue, consisting of the building and land immediately adjoining, but not including the recreation area, to a buyer approved by the Selectmen and the members of the Town Meeting; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This article authorizes the Selectmen to convey the Adams School property. A School Sites Conversion Committee, appointed by the Board of Selectmen was charged with soliciting and reviewing proposals prior to the action by the Board of Selectmen. 34 Financial •ARTICLE 37 TAX ANTICIPATION BORROWING To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to borrow money from time to time in anticipation of the revenue for the fiscal year beginning July 1, 1981, and to issue a note or notes therefor, payable within one year, in accordance with provisions of General Laws, Chapter 44, Section 4 as amended and to renew any note or notes as may be given for a period of less than one year, in accordance with the provisions of General Laws, Chapter 44, Section 17; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None DESCRIPTION: This is an annual article which authorized the Town Treasurer, with the approval of the Board of Selectmen, to borrow in anticipation of taxes. •ARTICLE 38 SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR (FY81) To see if the Town will make supplementary appropriations, to be used in con- junction with money appropriated under Article 4 of the warrant for the 1980 annual town meeting, to be used during the current fiscal year and determine whether the money shall be provided by transfer from available funds; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None at press time. DESCRIPTION: This is an annual article to request additional funding for current fiscal year (FY81) expenditures. •ARTICLE 39 OPERATING BUDGET To see if the Town will make appropriations for expenditures by departments, officers, boards, and committees of the Town for the ensuing fiscal year and determine whether the money shall be provided by the tax levy or by transfer from available funds, including any special funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This article requests funds for the Fiscal Year 1982 (July 1, 1981 - June 30, 1982) operating budget. The Operating Budget includes the School and Municipal budgets. The Municipal budget also includes certain costs that belong to the schools. These are primarily the costs of Blue Cross/Blue Shield and other insurance for school employees, debt service requirements and pension costs for school employees other than professional staff. The following chart lists by account number FY79 and FY80 expenditures, FY81 appropriations and FY82 Selectmen/Town Manager recommendations. 35 ARTICLE 39 OPERATING BUDGET FISCAL YEAR 1982 (July 1, 1981 to June 30, 1982) Sel./Mgr. Acc't Expended Expended Appropriated Requested Number Department or Account Fiscal 1979 Fiscal 1980 Fiscal 1981 Fiscal 1982 GENERAL GOVERNMENT Selectmen's Department 1000 Personal Services 47,529 30,284 29,485 29,485 1050 Expenses 6,189 7,424 6,725 6,725 Total 53,718 37,708 36,210 36,210 Town Manager's Office 1060 Personal Services 81,805 103,595 113,914 102,857 1065 Expenses 6,480 6,566 7,000 6,000 Total 88,285 110,161 120,914 108,857 W Town Manager's Jurisdiction 1070 Temporary Help & Overtime 13,826 23,879 39,000 39,000 1075 Clerical Services - P.S. 8,765 8,370 10,736 8,701 1080 Office Furniture & Fixtures 644 810 1,200 1,200. 1090 General Professional Services 12,143 33,748 25,000 19,000 1125 Fire & Police Medical Expenses 6,689 15,000 28,000 10,000 1130 Director of Guides - P.S. 1,000 1,000 1,000 1,000 1135 Out-of-State Travel 4,005 4,016 6,000 5,000 1141 Tuition & Training Fees 10,277 10,567 13,500 11,500 1142 In-State Travel 8,245 8,616 10,000 10,000 Total 65,594 106,006 134,436 105,401 Selectmen's Jurisdiction 1148 Safety Program Expenses 316 180 770 1,000 Town Clerk's Office 1150 Personal Services 52,588 55,950 60,428 60,428 1200 Expenses 1,031 11,340 1,400 1,400 Total 53,619 67,290 61,828 61,828 Board of Appeals 1500 Personal Services 11,572 12,430 13,301 13,301 1550 Expenses 2,107 2,239 2,430 2,575 Total 13,679 14,669 15,731 15,876 Planning Board 1600 Personal Services 37,837 39,507 43,516 40,742 1650 Expenses 4,210 4,638 5,000 5,000 Total 42,047 44,145 -48,516 45,742 Insurance 1700 Group 737,223 742,392 800,000 800,000 1725 Unemployment Compensation 16,418 (See Article 71 of the Warrant) 1750 Munic. Prop. & Workmen's Compensation 250,904 301,087 331,203 331,203 Total 1,004,545 1,043,479 1,131,203 1,131,203 Printing Town Report 1760 Expenses 4,944 8,222 10,000 - 5,000 43 TOTAL GENERAL GOVERNMENT $ 1,326,747 $ 1,431,860 $ 1,559,608 $ 1,511,117 N LAW 1775 Law Fees 51,775 65,000 50,000 60,000 1800 Law Expenses 13,837 22,000 13,000 15,000 TOTAL LAW $ 65,612 $ 87,000 $ 63,000 $ 75,000 ELECTIONS 1900 Selectmen's Jurisdiction 12,846 10,550 17,890 7,875 1950 Town Clerk Jurisdiction 14,998 9,512 20,800 6,780 Total 27,844 20,062 38,690 14,655 Board of Registrars 2000 Personal Services 6,363 6,996 7,924 - 7,924 2050 Expenses 7,860 11,235 13,550 15,000 Total 14,223 18,231 21,474 22,924 TOTAL ELECTIONS $ 42,067 $ 38,293 $ 60,164 $ 37,579 1 1 S Acc't Expended Expended Appropriated eeste. xp xpRequested Number Department or Account Fiscal 1979 Fiscal 1980 Fiscal 1981 Fiscal 1982 TOWN COMMITTEES 2250 Appropriation Committee Expenses 3,234 155 950 950 2370 Misc. Committees/Boards Expenses 2,284 1,500 3,450 2,450 2375 Council on Aging - P.S. - - - 15,100 2380 Council on Aging Expenses 24,220 26,308 34,425 24,200 2400 Town Celebrations Committee Exp. 6,904 6,473 7,500 7,500 2450 Historic Districts Comm. Exp. 1,900 1,675 1,800 1,800 2460 Conservation Commission Expenses 9,455 10,022 10,575 6,035 TOTAL TOWN COMMITTEES $ 47,997 $ 46,133 $ 58,700 $ 58,035 RECREATION 2470 Personal Servides 104,331 93,695 132,862 136,473 2480 Expenses 19,014 16,680 20,250 20,705 W TOTAL RECREATION $ 123,345 $ 110,375 $ 153,112 $ 157,178 m FINANCIAL OPERATION Treasurer and Collector's 2500 Personal Services 77,875 81,646 89,414 89,414 2525 Expenses 25,009 18,733 17,370 19,300 2575 Foreclosure & Redemption 3,120 1,120 1,480 3,120 Total 106,004 101,499 108,264 111,834 Comptroller's Office 2800 Personal Services 95,916 101,287 110,044 110,044 2850 Expenses 3,181 3,153 3,470 3,650 Total 99,097 104,440 113,514 113,694 Comptroller's Jurisdiction 2925 Office Machines - Capital Outlay 4,247 4,006 6,800 9,800 2930 Office Machines - Maint. & Repairs 6,437 6,500 8,000 7,480 2935 Office Services - Copier & Supplies 7,900 9,280 8,700 9,570 2940 Metered Mail 20,140 19,231 19,280 20,300 Total 38,724 39,017 42,780 47,150 Assessors 2950 Personal Services 57,891 58,853 62,460 62,460 3000 Expenses 8,243 8,275 8,300 8,750 ! Total 66,134 67,128 70,760 71,210 TOTAL FINANCIAL OPERATION $ 309,959 $ 312,084 $ 335,318 $ 343,888 HEALTH 3250 Personal Services 41,839 41,261 47,485 47,485 3300 Expenses 2,909 3,575 10,950 7,300 3310 Mystic Valley Mental Health Services 30,852 30,852 30,853 0 3320 Public Health Nursing Services 3,502 4,703 6,800 6,800 3330 Community Services 30,295 34,457 37,388 30,488 3450 Rabies Clinic 1,573 2,005 2,535 2,660 Total 110,970 116,853 136,011 94,733 Health Jurisdiction - Animal Control Officer w 3500 Personal Services 16,334 , 17,570 19,373 19,373 CO 3550 Expenses 3,158 3,366 5,680 6,000 Total 19,492 20,936 25,053 25,373 TOTAL HEALTH $ 130,462 $ 137,789 $ 161,064 $ 120,106 PROTECTION OF PERSONS AND PROPERTY Police 3760 Police Officers & Staff - P.S. 303,788 328,091 350,982 350,732 3770 Patrolmen and Sergeants - P.S. 811,702 946,266 995,895 994,061 3800 Expenses 138,823 142,925 164,425 188,430 3900 Parking Meter Maintenance 4,000 1,476 1,500 1,500 Total 1,258, 313 1,418,758 1,512,802 1,534,723 Fire 4110 Fire Officers & Staff - P.S. 80,621 83,668 100,004 100,004 4120 Fire Dept. Coll. Bargaining Unit - P.S. 991,135 1,085,935 1,195,264 1,176,864 4150 Expenses 81,965 94,924 98,900 106,865 Total 1,153,721 1,264,527 1,394,168 1,383,733 Sel./Mgr. Acc't Expended Expended Appropriated Requested Number Department or Account Fiscal 1979 Fiscal 1980 Fiscal 1981 Fiscal 1982 Local Disaster Services 4300 Personal Services 500 500 750 200 4350 Expenses 0 188 500 500 Total 500 688 1,250 700 Inspection 4450 Personal Services 69,750 77,773 86,825 86,825 4500 Expenses 2,667 1,287 2,675 2,940 Total 72,417 79,060 89,500 89,765 TOTAL PROTECTION OF PERSONS AND PROPERTY $ 2,484,951 $ 2,763,033 $ 2,997,720 $ 3,008,921 PUBLIC WORKS DEPT. OPERATIONS p Public Works Operating 0 4900 D.P.W. Collective Bargaining Group - P.S. 970,980 963,615 1,099,311 1,153,347 Director of Public Works/Eng. 4950 Supervisors and Office Staff - P.S. 281,809 283,545 349,779 339,479 5000 Expenses 7,815 10,096 11,100 11,100 Total 289,624 293,641 360,879 350,579 Engineering 5100 Personal Services 164,410 178,303 205,997 195,077 5150 Expenses 4,664 4,500 5,800 6,000 Total 169,074 182,803 211,797 201,077 Town Building Maintenance 5200 Personal Services 60,446 64,830 70,869 68,653 5250 Expenses 149,848 180,000 242,945 215,800 Total 210,294 244,830 313,814 284,453 Other Public Works Expenses 5400 Highway Maintenance 68,300 143,526 155,400 89,550 5450 Road Machinery 153,274 195,918 278,700 222,525 5500 Snow Removal 95,529 58,462 120,853 101,825 5550 Traffic Regulations & Street Signs 22,612 24,300 28,000 32,925 5600 Street Lights 223,212 262,430 325,000 360,000 5700 Sewer Maint. & Services 62,129 75,890 75,166 96,570 5800 Refuse Collection 72,000 72,000 7,200 530,000 5850 Sanitary Landfill 108,750 63,853 23,990 3,000 5900 Water Maint. & Services 43,162 32,188 79,447 72,370 6000 Park 56,502 46,282 57,300 69,620 6050 Insect Suppression 9,580 1,102 10,200 1,200 6100 Shade Trees 9,395 14,051 34,600 33,6001 6150 Dutch Elm 3,992 3,900 3,400 3,450 Total 928,437 993,902 1,199,256 1,616,635 Public Works Jurisdiction - _ Cemeteries 6400 Expenses 10,793 12,216 17,350 15,000 A TOTAL PUBLIC WORKS/ENG. $ 2,579,202 $ 2,691,007 $ 3,202,407 $ 3,621,091 ail VETERANS BENEFITS 7100 Personal Services 9,494 10,150 10,963 5,460 7150 Administration 147 140 150 150 7200 Aid and Expenses 26,413 32,427 37,000 30,000 Total 36,054 42,717 48,113 35,610 Other Veterans Benefits 7250 Grave Registrations 344 315 400 400 7300 Soldiers Burials 0 0 250 250 • Total 344 315 650 650 TOTAL VETERANS BENEFITS $ 36,398 $ 43,032 $ 48,763 $ 36,260 1 Sel./Mgr. Accr t Expended Expended Appropriated Requested Number Department or Account Fiscal 1979 Fiscal 1980 Fiscal 1981 Fiscal 1982 LIBRARY 7500 Personal Services 373,799 398,405 444,801 445,801 7550 Expenses 135,798 133,567 152,475 159,890 TOTAL LIBRARY $ 509,597 $ 531,972 $ 597,276 $ 605,691 BOARD OF RETIREMENT • 7800 Contributory Pension Fund 624,330 721,897 852,432 925,463 7810 Pension Funding 100,000 200,000 200,000 200,000 7825 Non-Contributory Pension Fund 178,636 175,497 181,000 190,000 7850 Expenses 4,950 5,225 5,425 5,600 TOTAL BOARD OF RETIREMENT $ 907,916 $ 1,102,619 $ 1,238,857 $ 1,321,063 EDUCATION A 7920 Public School - Education 15,948,309 16,089,373 16,989,262 17,177,233 8100 Regional Voc. Tech. High School Assess. 511,244 401,144 396,265 364,022 TOTAL EDUCATION $16,459,553 $16,490,517 $17.385,527 $17,541,255 DEBT PAYMENT 8500 Interest on Debt 205,145 175,360 151,103 134,798 8525 Tax & Bond Anticipation Loans 204,096 236,468. 340,000 450,000 8550 Maturing Debt 1.460,000 1,455,000 1,605,000 1,100,000 TOTAL INTEREST AND PRINCIPAL $ 1,869,241 $ 1,866,828 $ 2,096,103 $ 1,684,798 TOTAL GENERAL OPERATING EXPENSES $26,893,047 $27,652,542 $29.957.619 $30,121,982 4 •ARTICLE 40 SALARY ADJUSTMENTS AND COLLECTIVE BARGAINING SETTLEMENTS To see if the Town will make appropriations for the ensuing fiscal year, in addition to those authorized under Article 39 of this warrant, to fund cost items (a) included in collective bargaining agreements reached between the Town and employee organizations and (b) resulting from such agreements as they bear on the Town employee wage and salary plan; determine whether the money shall be provided by the tax levy or by transfer from available funds, including any special funds, or by any combination of thses methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $275,000 DESCRIPTION: This article requests funds for anticipated settlements with regard to the collective bargaining units and for salary adjustments for employees who are not members of unions. •ARTICLE 41 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, or 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: None 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 42 SUPPLEMENTAL APPROPRIATIONS FOR AUTHORIZED PUBLIC WORKS PROJECTS To see if the Town will make supplementary appropriations to be used in con- junction with money appropriated in prior years for the installation or con- struction of water mains, sewers and sewerage systems, drains, streets, or buildings that have heretofore been authorized, and determine whether the • money shall be provided by the tax levy, or by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None at press time DESCRIPTION: This is an annual article to request funds for public works projects expenditures which exceed the level of appropriation. 43 •ARTICLE 43 RESERVE FUND To see if the Town will appropriate a sum of money for the Reserve Fund as provided by Section 6 of Chapter 40 of the General Laws, and determine whether the money shall be provided by the tax levy, by transfer from avail- able funds, including the Reserve Fund-Overlay Surplus, 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 DESCRIPTION: This is an annual article which requests funds for the • Reserve Fund, from which monies can be voted by the Appropriation Committee where it feels a requested transfer is either extraordinary or unforseen thereby saving the delay and expense of a Special Town Meeting. *ARTICLE 44 SELECTMEN'S APPRAISALS AND OPTIONS To see if the Town will authorize the Selectmen to obtain appraisals and options on land and rights therein that they desire to recommend be acquired by the Town for municipal purposes, appropriate money for such purposes and determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None DESCRIPTION: This is an annual article which proposes that the Select- men be given authority to obtain appraisals and options to purchase land for streets, playgrounds, open space, and schools. The purpose of this article is to permit the Selectmen to respond to unforseen develop- ments during the year and to prepare recommendations for Town Meeting. *ARTICLE 45 REQUEST FOR REPORT ON SEWER POLICY AND PLANS To receive a report from the Board of Selectmen stating their current policy, plans, and actions regarding sewer construction, rehabilitation, and better- ment assessment; and to see if the Town will vote to increase or decrease the bonding authorization voted under Article 19 of the 1978 Annual Town Meeting or act in any other manner in relation thereto. (Inserted at the request of Arthur C. Smith and nine or more registered voters) FUNDS REQUESTED: None DESCRIPTION: This article was inserted by the Executive Committee of the Town Meeting Members Association. It is meant to give the Town Meeting an opportunity to discuss all phases of the sewer program in one comprehensive article in response to the report this article requests. 44 •ARTICLE 46 INFLOW/INFILTRATION STUDY To see if the Town will appropriate a sum of money for engineering services for an inflow infiltration study of the Town's sewer system; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; authorize the Selectmen to apply for, accept and borrow in anticipation of federal and state aid for the project; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None DESCRIPTION: This article requests funds for the inflow-infiltration study of the sanitary sewer system. The study was initiated in Fiscal Year 1976 to determine the causes and eliminate the flow of extraneous water in the sanitary sewer system. This is a three-phase program which includes analysis and evaluation as well as rehabilitation work. Federal funding is not necessary this year as sufficient funds are available from previous appropriations to conduct the current phase; the Sewer System Evaluation Survey. ARTICLE 47 INSTALLATION WATER MAINS To see if the Town will vote to install new or replacement water mains in such accepted or unaccepted streets or other land as the Selectmen may de- termine, 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; or act in any other manner in relation thereto. - (Inserted by the Board of Selectmen) FUNDS REQUESTED: $200,000 DESCRIPTION: This aclicle requests funding for water main construction. This year's request is the final of three requests initiated in Fiscal Year 1979 to install a 12" water main in Marrett Road between Spring Street and Lincoln Street replacing the existing 6" main installed in 1913. . ',ARTICLE 48 DRAINAGE STUDY To see if the Town will appropriate a sum of money for engineering services for a comprehensive drainage study oftheTown; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None 45 ARTICLE 48 (Continued) • DESCRIPTION: This article requests funds to continue the six part drainage study initiated in Fiscal Year 1977. The last major drainage study for the Town was prepared in 1936. The exceptional growth of the Town since 1936 has created different drainage problems which have necessitated this new study. ' The first five parts are completed or underway. The Capital Expenditures Committee recommends funding the sixth and final study area, Hobbs Brook - Hardy's Pond. ARTICLE 49 INSTALLATION DRAINS/WIDENING, DEEPENING OR ALTERING BROOKS To see if the Town will vote to install drains in such accepted or unaccepted streets or other land as the Selectmen may determine, including the widening, deepening or altering the course of brooks, streams and water courses and the construction of new channels in said other land, in accordance with Chapter 263 of the Acts of 1926, as amended, or otherwise, and to take by eminent do- main, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate money for such installation and land ac- quisition and determine whether the money shall be provided by the tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None DESCRIPTION: This is an annual article which requests funding to in- stall storm drains. No projects are proposed for FY 82. ',ARTICLE 50 INSTALLATION OF DRAINAGE ON OUTLOOK DRIVE To see if the Town will provide catch basins or sewers for drainage for Outlook Drive, from the intersection with Prospect Hill Road/Middleby Road extending approximately 300 feet N.E. toward Fair Oaks Drive, or act in any other manner in relation thereto. (Inserted at the request of Leslie Joel Brown and nine or more registered voters) FUNDS REQUESTED: None •ARTICLE 51 STREET ACCEPTANCE (OUTLOOK DRIVE) To see if the Town will establish Outlook Drive as a town way, and accept Outlook Drive between Fair Oaks Drive and the intersection with Prospect Hill Road/Middleby Road, or act in any other manner in relation thereto. (Inserted at the request of Leslie Joel Brown and nine or more registered voters) 46 ARTICLE 51 (Continued) FUNDS REQUESTED: None DESCRIPTION: This article would authorize acceptance of Outlook Drive as a Town road. ARTICLE 52 STREET ACCEPTANCE (APOLLO CIRCLE) To see if the Town will vote to establish as a town way and accept the layout of as a town way Apollo Circle from Kendall Road a distance of 483 feet, more or less, to the end as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 2, 1981 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 street and for land acqui- sition; determine whether the money shall be provided in the tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None DESCRIPTION: This article would authorize acceptance of Apollo Circle as a Town road. The road meets Town standards and no reconstruction is necessary - •ARTICLE 53 STREET ACCEPTANCE (KENDALL ROAD) To see if the Town will vote to establish as a town way and accept the layout of as a town way Kendall Road from the existing Town layout, which is 50 feet northeasterly of Grapevine Avenue, a distance of 190 feet, more or less, to the existing Town layout beyond Apollo Circle as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 2, 1981 and to take by eminent domain, purchase or otherwise acquire any fee, easement, or other interest in land neces- sary therefor; and raise and appropriate money for the construction of said street and for land acquisition; determine whether the money shall be provided in thetaxlevy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None DESCRIPTION:, This article would authorize acceptance of Kendall Road as a T4road. This segment of the road meets Town standards and no recd uction is necessary. 47 ARTICLE 54 AUTHORIZATION TO USE CHAPTER 90 • FOR STREET IMPROVEMENTS To see if the Town will appropriate a sum of money for highway improvements under the authority of Chapter 90 of the General Laws as funded by Chapters 329 and 570 of the Acts of 19. 80; and determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by borrowing, or by any combination of these methods; authorize the Selectmen to apply for, accept, expend and borrow in anticipation of state aid for such project; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None • DESCRIPTION: This article authorizes the Town to use State Chapter 90 Highway funds for improving and upgrading streets within the Town. •ARTICLE 55 INSTALLATION OF CURBING To see if the Town will authorize the Selectmen to install curbing at such locations as they may determine; appropriate a sum of money for such instal- lation and determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation therero. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None DESCRIPTION: This is a request for funds to install granite or bituminous road curbing. No projects are proposed for Fiscal Year 1982. ARTICLE 56 INSTALLATION OF STREET LIGHTS To see if the Town will vote to install street lights in such unaccepted streets as the Selectmen may determine prior to the final adjournment of the 1982 Annual Town Meeting; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None DESCRIPTION: This is an annual article, which gives the Board of Selectmen authority to have street lights installed or replaced on unaccepted streets. Funds for these installations and oper- ating costs of the lights are included in line item 5600 of the operating budget. 48 •ARTICLE 57 CONSTRUCTION OF SIDEWALKS To see if the Town will authorize the Selectmen to construct concrete, bitu- minous concrete or other sidewalks where the abutting owner pays one-half of the cost or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; ap- propriate a sum of money for such construction and land acquisition, and determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None DESCRIPTION: This is a request for funds to construct sidewalks. No projects are proposed for Fiscal Year 1982. ARTICLE 58 PUBLIC WORKS EQUIPMENT To see if the Town will appropriate a sum of money for the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works, and determine whether the money shall be provided by the tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $140,000 DESCRIPTION: This article requests funds for new replacement road equipment. Currently the Towns inventory of equipment is valued at over $3 million. *ARTICLE 59 DEVELOPMENT OF WESTVIEW CEMETERY To see if the Town will appropriate a sum of money for the development of Westview Cemetery, and determine whether the money shall be provided by the tax levy,or by transfer from available funds, including the Westview Sale of Lots Fund, 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: This article requests funding to continue the development program initiated in 1972 by the Board of Selectmen. No development is proposed for Fiscal Year 1982. 49 •ARTICLE 60 GARRITY HOUSE - RECONSTRUCTION To see if the Town will appropriate a sum of money for remodelling, recon- structing and making extraordinary repairs to the so-called Garrity House and Carriage House in Buckman Park for preserving the buildings and making them suitable for housing or for other municipal use; determine whether the money shall be provided in the tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; authorize the Selectmen to petition the General Court for an act, if necessary, to carry out this project; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: Undetermined DESCRIPTION: This article and the following two concern the Garrity House, a town owned building. In 1979 the house was declared unsafe by the Building Commissioner. The Selectmen named a Garrity House Committee to recommend ways of preserving and possible uses for the building. This article proposes that the Town, at Town expense, rehabilitate the house for housing purposes. It is proposed that the house then be rented at market rate or used for subsidized rental housing. •ARTICLE 61 GARRITY HOUSE - (HOUSING AUTHORITY) To see if the Town will authorize the Selectmen to convey a portion of Buckman Park, including the so-called Garrity House and Carriage House, to the Lexington Housing Authority for low or moderate income housing; raise and appropriate money for the construction of such housing; determine whether the money shall be provided in the tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; authorize the Selectmen to petition the General Court for an act to permit the conveyance and funding of the project; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: Undetermined DESCRIPTION: This article proposes that the Garrity House be conveyed to the Housing Authority for low or moderate income housing. The Housing Authority, through federal and state grants, would rehabilitate the house. The cost estimates for rehabilitation exceeds available funds. It is therefore requested that the balance of funds needed be paid by the Town. ®ARTICLE 62 GARRITY HOUSE - (LEASE) To see if the Town will authorize the Selectmen to lease the so-called Garrity House and Carriage House in Buckman Park for private restoration and development; authorize the Selectmen to petition the General Court for an act, if necessary, to permit such lease; vote to amend the zoning by-law by changing the zoning district designation from RS, One-Family Dwelling District to CD, Controlled Commercial and Industrial District for the site off Hancock Street; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) 50 ARTICLE 62 (Continued) FUNDS REQUESTED: None DESCRIPTION: This article proposes that the Garrity House be leased on a long-term basis. As part of leasing the Garrity House, a parallel zoning action must be taken. At this writing ' the Garrity House Committee and the Board of Selectmen are review- ing several proposals and have not selected a developer. The proposals under consideration are for commercial use., The CD district procedure requires the designated developer to submit a specific site development and use plan for approval by the Town Meeting. ARTICLE 63 PARKING IMPROVEMENTS To see if the Town will appropriate a sum of money for parking improvements in the Town; determine whether the money shall be provided by the tax levy, by transfer from available funds including the parking meter fees account, or by any combination of these methods; or act in any other manner in re- lation thereto. (Inserted by the Board of Selectmen) • FUNDS REQUESTED: Amount undetermined at this time DESCRIPTION: This article requests funds to make parking improve- ments in the Central Business District as recommended by the Center Revitalization Committee. The improvements proposed include purchasing additional meters, installing new signs and restripping parking lots to increase the number of parking space and revenue generated from the parking lots. ',ARTICLE 64 DEEP WELL WATER SUPPLY To see if the Town will appropriate a sum of money to locate water and to dig a deep well to provide the Old Reservoir with a water supply as de- termined 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, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED; $10,000 DESCRIPTION: This article requests funding to locate a well at the Reservoir. This well would provide the Reservoir with its own water source, insuring adequate water during the summer months. • 51 "'ARTICLE 65 TENNIS COURT REPAIR To see if the Town will approprk,e a sum of money for the repair of tennis courts in such locations as the recreation Committee may determine with the approval of the'Board of Selectmen; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in re- lation thereto. (Inserted at the request of the Recreation Committee) • FUNDS REQUESTED: $24,000 DESCRIPTION: This article requests funding to resurface the tennis courts on Valley Road, at Adams School and at the Center. •ART7J'T.F 66 CONSERVATION LAND TRANSFER Tb 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, and authorize the Selectmen to transfer, for conservation purposes including outdooring 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 Lots 8 and 21 on Assessors' Property Map 24 (off Grassland St.),, Lot 232 on Assessors' Property Map 40 (off Winthrop Rd.) , Lots 100, 107 and 108 on Assessors' Property Map 55 (adjacent to Lower Vine Brook Conservation Area) , Lot 31 "D" on Assessors' Property Map 75 (off North St.),Lot 49 on Assessors' Property Map 79 (Trophet Swamp north- east of the B and M Railroad tracks) ; and appropriate money therefor and de- termine whether the money shall be provided by the tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of the Conservation Commission) FUNDS REQUESTED: None DESCRIPTION: The Conservation transfer article consists of 8 parcels; two lots (Map 24 Lot 8 & 21) on Grassland St. totaling 1.8 acres of wetlands and some uplands; one lot (Map 40 Lot 232) totaling 6.8 acres of wooded wetlands adjacent to Vine Brook Village; three lots (Map 55, Lots 100, 107 & 108) totaling 1.7 acres straddling the Vine Brook, adjacent to conservation land and including several hundred feet of bike path; one lot (map 75 Lot 31"D") approximately 2 acres in size, a portion of the 11 acres given the Town by the State with the abandonment of Route 3 extension and includes a segment of Butterfield Pond; One lot (Map 79 Lot 49) 25.5 acres predominately wetlands-West of Route 128 abuts conservation land and easement contains over 1000 linear feet of the North Lexington Brook. 52 •ARTICLE 67 CONSERVATION GIFT To see if the Town will vote to accept a gift of land off Hartwell Place from Alfred Tropeano and Wilbur Nylander for conservation purposes; or act in any other manner in relation thereto. (Inserted at the request of the Conservation Commission) DESCRIPTION: This article requests the acceptance of land, approxi- mately 5 acres, off Hartwell Place for Conservation purposes. •ARTICLE 68 CONSERVATION FUND To see if the Town will appropriate an additional sum of money to the Conservation Fund, established by vote under Article 9 of the Warrant for the Special Town Meeting held on June 8, 1964, and 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 at the request of the Conservation Commission) FUNDS REQUESTED: Amount undetermined at this time. DESCRIPTION: This article requests funds for the Conservation Fund established in 1964. The fund is generally used to pay the cost of making appraisals on land." ®ARTICLE 69 LEXPRESS MINI-BUS TRANSPORTATION SYSTEM To see if the Town will appropriate a sum of money to fund a local transporta- tion system; authorize the Board of Selectmen to apply for, accept and expend funds from the MBTA in connection therewith and to contract with a private transit company to provide transportation services; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $207,000 DESCRIPTION: This article requests funds for the continuing operation of LEXPRESS. •ARTICLE 70 TRANSFER OF SCHOOL To see if the Town will vote to transfer the care, custody, management and control of surplus land and buildings no longer needed by the School Depart- ment to the Board of Selectmen; and appropriate money therefor and determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; authorize the School Committee to dispose of surplus personal property and material in connection with the transfer of surplus buildings and the use of remaining buildings; or act in any other manner in relation thereto. (Inserted by the School Committee) 53 • ARTICLE 10 (Continued) • FUNDS REQUESTED: $50,000 DESCRIPTION: This article is requested by the School Committee to transfer the Muzzey Junior High School and any other school voted from School Committee control to the Board of Selectmen. The article also requests an appropriation to fund the costs of maintaining the School and further requests authorization to dispose of surplus property. •ARTICLE 71 UNEMPLOYMENT COMPENSATION FUND To see if the Town will appropriate a sum of money for the unemployment compensation fund to be used in conjunction with money previously appro- priated for this purpose; 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: $75,000 DESCRIPTION: This article requests funding for the Unemployment Compensation Revolving Fund. •ARTICLE 72 CENTRAL MIDDLESEX ASSOCIATION FOR RETARDED CITIZENS To see if the Town will appropriate $5,000 to be expended by the Board of Health under G.L. c.40s (40C) for services to be provided to the Town by the Central Middlesex Association for Retarded Citizens, Inc. (CMARC) pursuant to G.L. 0.19, and 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: $5,000 • DESCRIPTION: This article requests funds to be used to offset the cost of providing services (sheltered workshop, day activity program) for the handicapped and retarded population from Lexington. These are people identified as citizens from the community as opposed to those coming from state institutions. 54 •ARTICLE 73 USE OF FUNDS TO REDUCE TAX RATE To see if the Town will appropriate a sum of money from available funds to- ward the reduction of the tax rate for the fiscal year; or act in any other i manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $1,200,000 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 per- sonal 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.,1981. MARY W. MILEY Selectmen ALFRED S. BUSA of ROBERT B. KENT Lexington JAMES F. CRAIN A true copy, Attest: John J. Shine, Jr. Constable of Lexington 55 REPORT OF THE CAPITAL EXPENDITURES COMMITTEE FOR THE YEARS 1982-1986 The passage of Proposition 21 has at least temporarily destroyed our ability to prepare and carry out any reasonable long-term plan for capital spending. Without knowing how much revenue the town will receive, what the charges assessed against the town will be, or what the true total tax base is, it is impossible to determine how much money can be raised by taxation, and, of this total, how much should be made available for capital projects. In addition, the large fluctuation in the cost of borrowing, and the uncertainty of bond ratings in the wake of Proposition 21, make it difficult to recommend large-scale bondings at this time. For these reasons, we have recommended, wherever reasonable, the expenditure of no funds for this year. Should it turn out that more funds are available than we now anticipate, these recommendations will be revised in a supplementary report to Town Meeting. Most of our recommendations serve only to complete already initiated proj- ects; no new major projects are being proposed. Our overall five-year capital budget forecast, including bonded and non-bonded expen- ditures, is shown in Table I. Table II presents our recommendations for the current year. This table also shows projections or estimates for projects being considered. These future-year figures do not necessarily carry our recommendations at this time. Table III shows our projection for debt service. This table assumes a five-year bonding, at an interest rate of 8%, of the items indicated for bonding in Table II. Certain projects under consideration are not included in these tables. Either the project is too nebulous and no figures are available, or the project meets with our disapproval in light of the restrictions of Proposition 21. These projects are iden- tified in the text below. They may be entered in the tables in future years, should conditions change sufficiently. SEWERS The figures in out table reflect the expected expenditure to complete the sewer program. This amount is expected to require an additional $215,000 beyond the $2.5 million bond authorization already passed by Town Meeting and a new authorization would be required in FY 83. WATER MAINS This year's recommendation is to complete the Marrett Road loop. Future requests are included to permit coordination of future water main construction with the new sewer construction. • DRAINS, STREETS, CHAP90, SIDEWALKS In the absence of any time-critical projects, and because of Proposition 211, we recommend no expenditure in these areas this year. We continue our normal projec- tion for future years. 56 DEPARTMENT OF PUBLIC WORKS EQUIPMENT The DPW department request, originally set at $228,000, has been reduced to $155,000 including funds for a new hydramower for roadside mowing, a rain cannon for distance watering, a rotary mower, and three automatic control for sanders, as well as replacement of six trucks. The Town Manager has recommended a smaller figure of $140,000 this year, and because of the im- pact of Proposition 21, his recommendation has our support. INFLOW/INFILTRATION Sufficient funds have already been authorized by Town Meeting so that new appropriations for the continuation of the Inflow/Infiltration study will not be needed until FY 84. The $50,000 will be our share of Phase II of this study; the following years request is 10% of the total cost of Phase III, the remainder to be provided by Federal and State funds. DRAINAGE STUDY We recommend the completion this year of the 6-year Comprehensive Drainage study. The resultsof this study will be useful in preparing a realistic capital program for drains, expected to commence after our sewer program is completed. BROOK CLEANING No funds are being requested this year in this area. The FY 84 request is for work to be done on the North Lexington Brook in the Valley Road area. FIRE We support the postponement of the purchase of a new aerial ladder truck until next year, although this will likely result in an increase of $10,000 due to inflation. Looking ahead, a replacement for Engine 4 is projected for FY 84, a replacement of the chassis on the 1969 bucket truck is scheduled for FY 85 and FY 86 the department is planning to replace the ambulance and install a new radio system at a combined cost of $90,000. Our recommendations on these must await updated information. WESTVIEW CEMETERY There are sufficient unexpended funds already appropriated by Town Meeting so that no request will be made this year. We continue to recommend a figure of $25,000 in future years for the development of the cemetery. In keeping with the Master Plan, these funds are expected to come from the Westview Sale of Lots Fund. CONSERVATION Until the impact of Proposition 21 is determined, we recommend that no expen- diture be proposed for conservation purchases this year. We do, however, carry a future year projection of $200,000 per year to be bonded for conser- vation land acquisition. 57 Until the Recreation Master Plan is updated, there are only two areas for which we can consider expenditures. The Old Reservoir swimming area is in need of a dependable water supply during the active season. A deep water well is needed and this will require an expenditure of $10,000. The Center Playground tennis courts are in need of surface repair which will require $24,000. We will still carry forward our projection for $50,000 for future years, including $8000 in FY 83 for the Master Plan update. Two major recreation projects, the lighting of the ball fields in the Center Playground, and the development of the Lincoln Street dump, are not included in our tables. In light of Proposition 23 and in the absence of a new Master Plan demonstrating the need for these projects, we cannot recommend that they be pursued at the present time. SCHOOL CLOSING Muzzey Junior High School is to be closed this year. Because of its size, an expenditure of $50,000 is required to accomplish this. SENIOR CENTER The Needs Assessment study approved last year seems to indicate that Munroe School is inappropriate for a senior center. Use of a portion of Muzzey is being considered. However, until the town decides on the future use of Muzzey in its entirety and the Selectmen present specific proposals, we cannot include any figures in our table. Even if such plans are presented, the project may have to be deferred until the financial repercussions of Proposition 212 are faced and solved. COMPUTER INSTALLATION The Data Processing Study Committee has recommended that the accounting system of the town be computerized by use of leased equipment, a more cost-effective method than contracted services. Although equipment rental is beyond the purview of this committee, we have included figures in our tables in case a decision to purchase, rather than lease, is taken. LIBRARY As a result of its affiliation with the New England Library Network, Nelinet, Cary Library is beginning to catalogue its books by computer, thereby freeing staff for public service areas. Once this is accomplished and the catalogue data base is complete, the library director plans to move into a computerized circulation system, a cost effective method to automatically keep track of delinquent patrons. In addition, the computer system would allow the library access to the complete list of books available throughout the country by title or author, making it much simpler to locate or order a specific volume. The expenditure of $150,000 for this purpose is projected for FY 86. Nyles Nathan Barnert, Chairman Jane P. Buckley Clifford B. Porter Anne R. Scigliano Frank L. Shunney 58 TABLE I (dollars on the tax rate) • • FY81 FY82 FY83 FY84 FY85 FY86 Capital Outlay (non-bonded) 0.73 0.47 0.79 0.85 0.77 0.68 Debt Service 1.58 1.40 1.17 1.18 0.95 0.76 TOTAL COST ON TAX RATE 2.31 1.87 1.96 2.03 1.72 1.44 Estimated Assessment (millions) 1000 1025 1051 1077 1104 1131 TABLE II (figures in thousands of dollars) FY81 FY82 FY83 FY84 FY85 FY86 recom- pro- pro- pro- pro- ' actual mended jected jected jected jected PUBLIC WORKS • Sewers 700* 785* 500** 0 0 0 Water Mains 90 200 50 50 50 50 Drains 0 0 100 100 100 100 Street Acceptances 109 0 100 100 100 100 Street Reconstruction 53 0 0 0 0 0 Chap 90 Reconstruction 0 0 100 100 100 100 Sidewalks 13 0 50 50 50 50 DPW Equipment 140 140 150 150 150 150 Inflow Infiltration 75 0 0 50** 300** 0 Drainage Study 40 50 0 0 0 0 Brook Cleaning 0 0 0 85 15 15 FIRE 27 0 200 60 15 90 POLICE 125 0 0 0 0 0 WESTVIEW CEMETERY 24 0 25 25 25 25 CONSERVATION 135* 0 200* 200* 200* 200* RECREATION** 15 34 50 50 50 50 SCHOOL CLOSING 10 50 0 0 0 0 SENIOR CENTER** 8 0 0 0 0 0 COMPUTER INSTALLATION 0 0 0 100 40 40 LIBRARY 0 0 0 0 150 0 TOTAL NON-BONDED 729 474 825 920 845 770 Estimated tax rate for outlay 0.73 0.47 0.79 0.85 0.77 0.68 * bonded ** see text 59 TABLE III (thousands of dollars) FY81 FY82 FY83 FY84 FY85 FY86 DEBT Debt prior to 7/1/80 5140 3235 2185 1360 705 255 New and projected debt 835 - 1433 1821 1559 1557 1155 TOTAL DEBT 5975 4668 4006 2919 2262 1410 PRINCIPAL PAYMENTS Prior debt 1855 1100 825 655 450 110 New debt 167 322 462 502 602 Sub-Total Principal 1855 1267 1147 1117 952 712 INTEREST PAYMENTS Prior debt 205 135 90 56 28 8 New debt 66 115 146 125 125 Sub-Total Interest 205 201 205 202 153 133 GROSS DEBT SERVICE 2060 1468 1352 1319 1105 845 State Aid (subtract) 538 155 155 75 75 0 Regional Voc-Tech (add) 59 49 40 30 21 11 TOTAL NET DEBT SERVICE 1581 1362 1237 1274 1051 856 Net tax rate for debt service 1.58 1.40 1.17 1.18 0.95 0.76 Note: Estimated assessment assumed 1,025 million in FY82, and varies by 21% yearly. 60