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HomeMy WebLinkAbout1985-03-04-TE-Warrant-and-1985-03-25-ATM-Warrant TOWN WARRANT TOWN OF LEXINGTON ANNUAL TOWN MEETING Commonwealth of Massachusetts Middlesex, ss. To either of the Constables of the Town of Lexington, in said County, Greetings: In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of the Town of Lexington qualified to vote in elections and in Town affairs to meet in their respective voting places in said Town. PRECINCT ONE, HARRINGTON SCHOOL; PRECINCT TWO, BOWMAN SCHOOL; PRECINCT THREE, JONAS CLARKE 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 fourth day of March, A.D. , 1985 at 7:00 o'clock A.M. , then and there to act on the following articles: ARTICLE 1 ELECTION To choose by ballot the following Officers: One Selectman for the term of three years; One Moderator for the term of one year; Two members 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; Seven Town Meeting Members in Precinct One for the term of three years; Seven Town Meeting Members in Precinct Two for the term of three years; Seven Town Meeting Members in Precinct Three for the term of three years; 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 unexpired term ending March, 1986; 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; Seven Town Meeting Members in Precinct Eight for the term of three years; Seven Town Meeting Members in Precinct Nine for the term of three years; The polls will be open at 7:00 A.M. and will remain open until 8:00 P.M. You are also to notify the inhabitants aforesaid to meet in Cary Memorial Hall in said Town on Monday, the twenty-fifth day of March at 8:00 P.M. , at which time and place the following articles are to be acted upon and determined exclusively by the Town Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and subject to the referendum provided for by Section eight of said Chapter, as amended. ARTICLE 2 REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES To receive the reports of any Board or Town Officer or of any Committee of the Town. ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES To see if the Town will authorize the appointment of the committee on lectures under the wills of Eliza Cary Farnham and Susanna E. Cary; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: This is an annual article which provides for the appointment of three citizens to the Cary Lecture Series by the Moderator. ARTICLE 4 CHARLES FERGUSON FUND To see if the Town will vote to accept the gift of the late Alice R. Ferguson in the amount of $5,000.00 in memory of Charles E. Ferguson; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: The bequest was made by his widow "as a memorial to or in memory of Charles E. Ferguson who loved the Town of Lexington and served it so well during his lifetime." Mr. Ferguson was Selectman from 1932 to 1938; State Representative from 1940 to 1955; State Senator from 1956 to 1958; and Town Moderator from 1949 to 1965. ARTICLE 5 DOG HEARING PROCEDURES To see if the Town will vote to authorize the Selectmen to petition the General Court for an act to permit the Chief of Police or his designee to carry out the functions assigned to the Selectmen under G.L. c.140 s.157 relating to dog complaints; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) DESCRIPTION: By statute, the Selectmen must act upon written complaint about dogs alleged to be a nuisance by investigating, conducting a hearing and making appropriate order. This article would authorize an amendment to transfer those functions to the Police. ARTICLE 6 DISCLOSURE OF REAL PROPERTY To see if the 1985 Annual Town Meeting will vote to: A. Rescind the resolution of the 1976 Town Meeting which calls for abstention of a Town Meeting Member from any matter in which the Member has a personal financial interest, and B. Adopt the following By-Law: Disclosure of Real Property Interests by Candidates for Elected and Major Appointed Positions Section 1. Terms as used herein shall mean: "Candidate for Elected Position": A person who seeks elected office and has submitted nomination papers to the Town Clerk or has given written notice of renomination to the Town Clerk. "Candidate for Major Appointed Position": A person who is under consideration for appointment or reappointment to a position as Town Manager, Town Counsel, Town Assessor, Planning Director, Director of Public Works/Engineering, Building Commissioner, Conservation Commissioner or as a member of the Board of Appeals, Historic Districts Commission, Board of Assessors, Conservation Commission, Appropriations Committee, or Capital Expenditures Committee. "Immediate Family": Spouse and dependent children residing in the household of the candidate for elected or appointed position. "Significant Interest": Any direct or indirect interests which in the aggregate total more than 1% of the value of the parcel of real property. Section 2. (a) Each candidate for an elected or major appointed position in the Town of Lexington shall file with the Town Clerk a written disclosure of all parcels of real property, other than principal residence, within or contiguous to Lexington in which, to his knowledge, he and/or his immediate family has a significant interest. (b) A candidate for elected position shall file his disclosure at the time of submission of nomination papers or written notice of renomination to the Town Clerk. A candidate for major appointed position shall file his disclosure prior to appointment. (c) Disclosures shall be filed on a form provided by the Town Clerk and shall include the street address of each parcel if located on an accepted street, or if there is no such address, the approximate size of the parcel and the nearest two accepted streets. (d) The Town Clerk shall make available for unrestricted public inspection the most recent disclosure form submitted by any candidate for elected position or major appointed position, and by any former candidate who occupies an elected position or major appointed position. Disclosure forms submitted by former occupants of elected or major appointed positions shall be retained by the Town Clerk for public inspection for three years after termination of service. (e) Any person who, on the date of adoption of this by-law, holds an elected position or a major appointed position which is not subject to reappointment shall be exempt from the provisions of this by-law, unless he subsequently becomes a candidate for an elected position or major appointed position. (f) A violation of this by-law shall be a separate offense for each day that the violation exists. Penalties shall be as provided for under Article I of the General By-Laws. (g) Town Counsel shall investigate and prosecute cases for violation of this by-law. A registered voter of Lexington who seeks enforcement of this by-law may submit a written complaint to Town Counsel, who shall within 30 days notify the complainant of action. The complainant may appeal any action by the Town Counsel to the Board of Selectmen, who shall hold a public hearing within 45 days in response to written request by the complainant. (The petitioners request that parts A and B not be considered separately.) Or act in any other manner in relation thereto. (Submitted by Robert H. Domnitz and nine or more registered voters) DESCRIPTION: The following was provided by proponents of this article: "This article proposes a real estate disclosure requirement for candidates for elected and major appointed positions. The primary aim is to allow voters and appointing authorities to evaluate whether the private interests of town officials may conflict with the interests of the public. The extension of disclosure requirements to candidates for Town Meeting Member has been balanced by the proposal in part A to rescind the non-binding resolution of the 1976 Town Meeting. The petitioners believe that the diverse interests of the Town should be represented in Town Meeting, and that TMM candidates who have disclosed their realty interests should, if elected, be free to vote on all matters at Town Meeting. " ARTICLE 7 PROFESSIONAL REVIEW BOARD To see if the Town will vote to establish a Professional Review Board for the purpose of effecting a policy emanating from the Town Meeting relative to potential hazards to health and safety which may result from the conduct of research, the development of prototypes, or production which employ potentially hazardous substances; or act in any other manner in relation thereto. (Inserted by Anne B. French White and nine or more registered voters) ARTICLE 8 FAIR HOUSING POLICY Be it resolved that the Selectmen be directed to develop a fair housing policy that will incorporate the housing policy plan of 1979 and the fair housing resolution of 1981 so that the Town Meeting is dealing with one document. The new policy should put greater emphasis on concern for low, moderate and middle income residents now living in Lexington whether they live in subsidized housing or are self-supporting. Be it further resolved that in determining the number of units available for low and moderate income families, all housing units which are created by the use of public funds, in whole or in part, be included. (Inserted by Sheila Busa-Tassone and nine or more registered voters) ARTICLE 9 WETLAND PROTECTION BY-LAW To see if the Town will vote to amend Article XXXII of the General By-Laws of the Town of Lexington as follows: a. In Section 1, by deleting the phrase "or swamp bordering on any" and inserting in place thereof the word "swamp," and b. In Section 1, by deleting the words "of Twenty-five dollars ($25) " and inserting in place thereof the phrase "to be determined in accordance with a fee schedule adopted by the Conservation Commission" and c. In Section 1, by inserting the word "and" following the phrase "including such plans as may be necessary to fully describe such proposed activity and its effect on the environment" and d. In Section 2.1, by deleting the word "and" following "and other homes or buildings" and inserting in place thereof the word "or" and e. In Section 2.1, by inserting the phrase "to aquatic life or wildlife," after the words "and other homes or buildings," and f. In Section 2.1, by inserting the words "the Commission" following the phrase "of streams, ponds or other bodies of water" and g. In Section 7.4, by deleting the words "the act" and inserting in place thereof the words "this By-Law" and h. In Section 7.6(a) , by deleting the phrase "from the bank of any beach" and inserting in place thereof the phrase "from the edge of any bog" and i. In Section 9, by deleting the number 200 and inserting in place thereof the number 300, or act in any other manner in relation thereto. (Inserted at the request of the Conservation Commission) DESCRIPTION: These amendments would correct several technical errors in the Wetland Protection By-Law and would institute four substantive changes: isolated wetlands would be included in the areas protected by the by-law, aquatic life and wildlife would be included in the values of wetlands that could be protected, the Commission's authority to charge fees in excess of $25 would be clarified, and the maximum penalty for violations of the by-law would be raised from $200 to $300. ARTICLE 10 ZONING BY-LAW TECHNICAL CORRECTIONS To see if the Town will vote to amend the Zoning By-Law, as follows: a. In Section 2, DEFINITIONS, in the definition RESIDENTIAL DISTRICT, by deleting the word "Town" and inserting the words "city or town" after the word abutting; b. In Sub section 3.3, SPECIAL PERMITS, in the first sentence by deleting the words "for uses" so that the sentence, as amended, will read, "The Special Permit Granting Authority shall hear and decide applications for special permits as provided in this By-Law, subject to any general or specific rules therein contained, and subject to appropriate conditions, safeguards and limitations on time or use."; c. In Subsection 3.4, SPECIAL PERMITS WITH SITE PLAN REVIEW (SPS) , in the first sentence by inserting the words "for certain uses" after the words "is required" so that the sentence, as amended, will read, "Site plan review by the SPGA is required for certain uses prior to approval of an application for a special permit in certain cases specified in Table 1 (designated "SPS" in the Use Regulations Schedule) ."; and on page T-1, under the heading TABLE 1, USE REGULATION SCHEDULE, SYMBOLS, in the explanation opposite "SPS" by striking out the existing explanation and inserting in place thereof the following: "use permitted subject to a Special Permit ("SP") as above with the additional site plan review requirements of section 3.4 hereof, which shall address site development issues, change in the intensity or characteristic of the use and off-site impacts of the use." d. In subjection 5.5, NURSERIES, in the second sentence of the second paragraph, by deleting the words "Provided: that" and "such" and by capitalizing the word "a" to start the second sentence; e. In Subsection 6.4, CHANGED NON-CONFORMING USE, in the second sentence, the last line, by striking out the word "in" and inserting in place thereof the word "is" so that part of the sentence will read ". . . .in the opinion of the Board of Appeals is no more objectionable to the neighborhood."; f. In Subsection 9.5.8, NO EFFECT ON DIMENSIONAL REQUIREMENTS, in the first sentence, by striking out the words "area and dimensional" and substituting in place thereof the words "lot area and minimum yard"; g. In Subsection 11.3.5, PARKING SPACES FOR HANDICAPPED PERSONS, by substituting the number "201" for the number "301" in the column headed "Total Number of Spaces"; h. In Table 1, USE REGULATIONS SCHEDULE, under Section 8.0, ACCESSORY USES, substituting the words "Section 11" for Section 9.8" in the footnote "**Outdoor parking is subject to ,"; and in Line 8.1 by striking out the colon which appears after the word "accessory" in the sixth line and after the word "vehicles**" in the second line and inserting in place thereof a semi-colon; i. By changing the following words in which the first letter is capitalized so that the first letter is lower case: in subsection 5.2.3 e, "Certificate" and "Occupancy". or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: These are technical corrections to remedy errors in the Zoning By-Law. Many are typographical errors. Others are clarifications of ambiguous language. They are not intended to affect the meaning or the effect of the zoning regulations. ARTICLE 11 ZONING BY-LAW, COMPREHENSIVE REVISION - PLANNED RESIDENTIAL DEVELOPMENT To see if the Town will vote to amend the Zoning By-Law to adopt a comprehensive revision dealing with planned residential development in accordance with a report and recommendations by the Planning Board, as filed with the Town Clerk; or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: The proposed revision deals principally with the planned residential development of tracts of land for three or more dwelling units by real estate developers. It does not apply to the construction of individual houses on individual lots on existing streets. The proposed revision is about 20 pages long and, for cost reasons, is not printed here. A summary of the proposed revision, prepared by the Planning Board, appears at page 41 of this Warrant. ARTICLE 12 ZONING BY-LAW, CONVERSION OF ONE FAMILY DWELLINGS To see if the Town will vote to amend the Zoning By-Law in subsection 5.3 by deleting the entire subsection under the heading 5.3 CONVERSION OF ONE FAMILY DWELLINGS between the words "The SPGA may issue " and the words " walls of the building."; and by substituting in place thereof the following: "5.3.1 OBJECTIVES The conversion of existing single-family detached dwellings into dwellings containing two dwelling units is intended to: 1) encourage an increase in the number of dwelling units which are larger than those permitted as accessory apartments (see 5.2) while smaller than most one-family dwellings in the town, 2) encourage high standards of maintenance for large one family dwellings which might fall into disrepair, and 3) encourage a more economic, energy-efficient use of the town's housing supply while maintaining the appearance and character of the town's single family neighborhoods. 5.3.2 CONDITIONS AND REQUIREMENTS In accordance with Section 3.3, and where consistent with the objectives set forth in 5.3.1, the Board of Appeals may grant a special permit for a second dwelling unit in a detached one-family dwelling in an RO or RS district provided that each of the following conditions and requirements is met: a. General 1. There shall be not more than two dwelling units in the dwelling. 2. There shall be no roomers or boarders within either of the dwelling units. 3. The lot area shall be at least 15,500 square feet in the RS district and 30,000 in the RO district. 4. The net floor area used for residential purposes shall have been at least 2,500 square feet as of January 1, 1983, which amount shall be verified in the records of the Building/Inspection Department or on a document, "Total Living Area of Dwellings as of January 1, 1983," prepared by the Board of Assessors. 5. At least one of the dwelling units shall have at least 1,000 square feet of net floor area. 6. No dwelling unit may be located in a cellar or basement. 7. The dwelling shall be connected to public water and sanitary sewer systems. b. The dwelling to be converted shall be designed so that the appearance of the structure remains that of a detached one-family dwelling, subject further to the following conditions and requirements: 1. All stairways to second and third stories shall be enclosed within the exterior walls of the dwelling. There shall be no exterior fire escapes. 2. An enlargement or addition to the structure is permitted provided the architectural character of a detached one-family dwelling is maintained. The additional floor space created shall not be counted toward the requirement of minimum net floor area as of January 1, 1983, set forth in a.4. , above. 3. Any new entrance shall be located on the side or the rear of the dwelling. 4. Where there are two or more existing entrances on the front facade of a dwelling, if modifications are made to any entrance, the result should be that one appears to be the principal entrance and any other entrance appears to be secondary. c. Off-Street Parking In order to maintain the appearance of a single-family neighborhood, all parking spaces on the lot shall be subject further to the following conditions and requirements. 1. Parking spaces shall be located so that each dwelling unit shall have at least one parking space with direct and unimpeded access to the street without passing through a parking space designated to serve the other dwelling unit. 2. The provisions of subsection 5.2.2 c 1, 2, 3 and 6. 5.3.3 PROCEDURES Each application for a special permit shall be accompanied by: 1. Floor plans, drawn to scale, of the dwelling showing each of the dwelling units to be created; 2. Where exterior changes are proposed, an elevation, or other visual representation, of the facade to be changed sufficient to show the architectural character of the dwelling; and 3. An off-street parking plan as described in 11.2.1." or act in any other manner in relation thereto. (Inserted at the request of the Planning Board.) DESCRIPTION: Since its original adoption in 1924, the Zoning By-Law has allowed the conversion of a one-family dwelling into a two-family dwelling with the granting of a special permit from the Board of Appeals. The By-Law now contains general and minimal standards for such special permits. This amendment would provide more detailed standards which are complementary to those adopted in 1983 for accessory apartments. ARTICLE 13 ZONING BY-LAW, CM, CH DISTRICTS, FLOOR AREA RATIO To see if the Town will vote to amend the Zoning By-Law in TABLE 2, SCHEDULE OF DIMENSIONAL CONTROLS under the columns headed CH and CM on the line that reads Maximum Floor Area Ratio (FAR) , by striking out the designation "NR" and by inserting in place thereof a number between "0.10" and "0.30"; or act in any other manner in relation thereto. (Inserted at the request of the Planning Board) DESCRIPTION: The proposed amendment would regulate the amount of floor area that could be constructed in relation to the developable area of a lot in the CH, Hotel, Office and Research Park, district and the CM, Manufacturing and Research Park, district. The only CM district in town is adjacent to Hartwell Avenue and Maguire Road; the two CH districts are adjacent to Bedford Street and to Marrett Road respectively; both districts are west of Route 128. One objective of the amendment is to relate the intensity of development in those districts to the traffic carrying capacity of local streets. The motion to be presented to the Town Meeting by the Planning Board will contain one ratio, within the range shown above, but at the time of printing, that number had not been determined. ARTICLE 14 ZONING BY-LAW, LIQUOR STORES CG ZONING DISTRICT To see if the Town will vote to amend the Zoning By-Law in Table 1, USE REGULATIONS SCHEDULE, in line 6.2, Retail liquor stores, by adding a note, as follows: "*Stores existing on April 4, 1984 in the Massachusetts Avenue district in East Lexington, or in the Worthen Road-Bedford Street district, may be reconstructed, expanded and/or relocated within the same district where located as of that date if in compliance with Table 2, but not in any other CG district", and by adding the designation "*" next to the "No" on that same line under the column headed CG; (Inserted at the request of the Planning Board) DESCRIPTION: The zoning amendment passed at the 1984 Town Meeting, which changed the designation of the zoning districts in East Lexington and at Worthen Road-Bedford Street from CB, Central Business, to CG, General Business, affected existing liquor stores which were permitted in the CB district but are not permitted in the CG district. This amendment permits those stores to expand or rebuild in the same location or to relocate within the same zoning district but not to locate in any other CG district in town. ARTICLE 15 AMEND ZONING BY-LAW PARKING SPACE ELEVATIONS To see if the Town will vote to amend the Zoning By-Law, as follows: Insert a new Paragraph 11.7.6.e, as follows: Off-street parking spaces and loading bays which are located on ground elevations lower than the 100 year flood elevation as shown on the Flood Boundary and Floodway Map, Town of Lexington, Massachusetts, dated September 13, 1983 shall not count toward satisfying Town parking or loading bay requirements. (Inserted by Manfred P. Friedman and nine or more registered voters) ARTICLE 16 AMEND ZONING BY-LAW CONGREGATE LIVING FACILITY To see if the Town will vote to amend the zoning by-law to ensure that multiple congregate living facilities are precluded from section 9.2 of the zoning by-law; or act in any matter in relation thereto. (Inserted by Patricia A. Swanson and Ephraim Weiss and nine or more registered voters) ARTICLE 17 AMEND ZONING BY-LAW TABLE 1 - HEALTH HAZARDS To see if the Town will vote to amend the Zoning By-Law in Table 1 - Use Regulations Schedule, in lines 7.2 and 10.1, to deal with potential hazards to health and safety which may result from the conduct of research, the development of prototypes, or production which employ potentially hazardous substances; or act in any other manner in relation thereto. (Inserted by Anne B. French White and nine or more registered voters) ARTICLE 18 AMEND ZONING BY-LAW WALTHAM STREET, CN, RO To CD To see if the Town will vote to amend the Zoning By-Law by changing the district designation from CN (Neighborhood Business) and RO (One Family Residential) to CD (Controlled Commercial and Industrial District) located at the southeast corner of Concord Avenue and Waltham St. shown on a plan entitled "Plan of Land, showing land to be rezoned to CD - Controlled Commercial and Industrial District, in Lexington, Mass. , scale: 1" = 40' , dated December 21, 1984, by: Miller & Nylander Co. , 114 Waltham St. , Lexington, Mass. ," being more particularly bounded and described as follows: WESTERLY by Waltham Street one hundred ninety-five and 33/100 (195.33) feet; NORTHERLY by a curved line forming the intersection of Waltham Street and Concord Avenue, one hundred twelve and 72/100 (112.72) feet; NORTHEASTERLY, by Concord Avenue one hundred sixty-eight and 54/100 (168.54) feet; SOUTHEASTERLY, EASTERLY, AND SOUTHEASTERLY again by land now or formerly of Coburn Real Estate Trust as shown on said plan by three courses measuring one hundred eleven and 25/100 (111.25) feet, eighty-one and 66/100 (81.76) feet, and sixty-five and 23/100 (65.23) feet respectively; and SOUTHWESTERLY by land now or formerly of Alice F. McDevitt as shown on said plan one hundred eighty-four and 12/100 (184.12) feet. Containing 55,357 square feet of land more or less. or act in any other manner in relation thereto. (Inserted by Nicholas A. Cannalonga and nine or more registered voters) ARTICLE 19 AMEND ZONING BY-LAW HAYDEN AVENUE, RO to CD To see if the Town will vote to amend the Zoning By-Law as follows: By changing the zoning district in which the land bounded and described below lies from RO-ONE-FAMILY DWELLING to CD-CONTROLLED COMMERCIAL AND INDUSTRIAL DISTRICT: Four contiguous parcels of land in Lexington, Massachusetts, bounded northerly by Hayden Avenue, southerly by the Concord Turnpike (route 2) and easterly by the access ramp between those two roads, being described in Certificates of Title No. 154914 and No. 128616 at the South Middlesex Registry District of the Land Court and shown as Lots 17, 18, and 20 on Land Court Plan No. 2802Z and Lot 15 on Land Court Plan No. 2802Y, copies of which are available for inspection in the office of the Lexington Town Clerk. Or take any action relative thereto. (Inserted by Carolyn Murphy and nine or more registered voters) ARTICLE 20 AMEND ZONING BY-LAW LOWELL STREET RO TO RD To see if the Town will vote to amend the Zoning By-Law by changing the district designation in which the land bounded and described below lies from RO--ONE FAMILY DWELLING DISTRICT to RD--MULTI DWELLING DISTRICT. Two contiguous parcels of land in Lexington, Massachusetts, on the Westerly side of Lowell Street being described in a deed from Charles F. Watkins to Peter K. Pappas and Anna Pappas dated December 11, 1925, recorded with Middlesex South Registry of Deeds, Book 4919, Page 558 sometimes known as 188 Lowell Street, bounded and described as follows: Easterly by Lowell Street, 263 feet, more or less; Northerly by land now or formerly of Mary A. Castelli; Mary A. Castelli and John P. Castelli; and Beverly Enterprises of Massachusetts, Inc. , 1707 feet±; Westerly again by land now or formerly of Beverly Enterprises of Massachusetts, Inc. and the Town of Arlington, 423± feet; Southerly by land of Mediplex Group, Inc. , 1687 feet±; and to the point of beginning, comprising 11.54 acres of land, more or less; all such distances being approximate. Said land is shown on a plan entitled, "Plan of Land in Lexington, Mass. , for Proposed Rezoning by McNeil & Assoc. Inc. ," dated December 17, 1984, prepared by James W. Haley, Registered Land Surveyor, a copy of which is available for inspection in the office of the Lexington Town Clerk. Or take any action relative thereto. (Inserted by Nora Ryan and nine or more registered voters) ARTICLE 21 AMEND ZONING BY-LAW WOBURN STREET, RO TO RD To see if the Town will vote to amend the Zoning By-Law by changing the zoning district from RO one family dwelling to RD multi-dwelling district on that parcel of land on the southerly side of Woburn Street, known as the Curtiss Parker Land, containing approximately nine and one-half (91) acres of land, and being more particularly bounded and described as follows: Parcel 1 That certain parcel of land situated in Lexington in the County of Middlesex and said Commonwealth, bounded and described as follows: NORTHERLY by the Southerly line of Woburn Street, two hundred twelve and 18/100 (212.18) feet; EASTERLY four hundred seventy-six and 68/100 (476.68) feet; NORTHERLY two hundred and thirty-eight (238) feet, by Lot A3 as shown on plan hereinafter mentioned; NORTHEASTERLY three hundred thirty-six and 75/100 (336.75) feet; SOUTHERLY one hundred sixty and 56/100 (160.56) feet; EASTERLY nine and 54/100 (9.54) feet; and SOUTHERLY eight hundred thirteen and 53/100 (813.53) feet, by land now or formerly of Winning Home Farm Inc. ; WESTERLY by land now or formerly of Howard M. Munroe, three hundred eighty-eight and 48/100 (388.48) feet; and NORTHERLY by land now or formerly of Elmina Munroe, three hundred twenty-one and 32/100 (321.32) feet. Said parcel is shown as Lot A4 on said plan, (Plan No. 13923G) . All of said boundaries are determined by the Court to be located as shown on a subdivision plan, as approved by the Court, filed in the Land Registration Office, a copy of which is filed in the Registry of Deeds for the South Registry District of Middlesex County in Registration Book 439, Page 541, with Certificate 65871. Parcel II A certain strip of land on the Southerly side of Woburn Street in Lexington, Massachusetts shown on Plan 13923A filed in the Land Registratin Office at the Land Court in Boston on December 11, 1929 and entitled "PLAN OF LAND IN LEXINGTON AND WOBURN" being further bounded and described as follows: Commencing at a point on the Southerly side of said Woburn Street which is located 1.63 feet west of a Massachusetts Highway Bound, which Massachusetts Highway Bound is itself located Three hundred Ninety-four and 18/100 (394.18) feet westerly from the intersection of the Woburn - Lexington boundary line with the southerly sideline of said Lexington Street, the line runs Westerly by the said southerly sideline of Woburn Street, three hundred five (305) feet more or less to the intersection of said Woburn Street with a stone wall as shown on said plan; thence the line runs Southwesterly by said stone wall as shown on said plan Ten (10) feet more or less to a point; thence turning the line runs Southeasterly as shown on said plan Eighteen (18) feet more or less; thence turning the line runs North 27° 12" East as shown on said plan Fifty-eight and 52/100 (58.52) feet to a point; thence turning the line runs North 49° 55" and 05' East One hundred Twenty-eight and 10/100 (128.10) feet to a point; thence turning the line runs North 47° 25" 10' East as shown on said plan One Hundred Thirty-Four and 74/100 (134.74) feet to the point of beginning. Said strip of land described above is shown on said plan as belonging to "Elimina Munroe". or act in any other manner in relation thereto. (Inserted by Richard F. Perry and nine or more registered voters) ARTICLE 22 AMEND ZONING BY-LAW LOWELL STREET, RO TO RM To see if the Town will vote to amend the Zoning By-Law and the Zoning Map by changing the zoning district designation from RO-one family dwelling district to RM-Multi-Family (garden apartment) dwelling district of a parcel of land on the easterly side of Lowell Street known as Lot No. 15 on Assessors Map No. 75. Said parcel is more particularly shown as Lot B-1 on a "Plan of Land Showing Land To Be Rezoned To RM-Multi Family Garden Apartment Dwelling District in Lexington, Mass." Scale: 1" = 100' dated December 28, 1984 by Joseph W. Moore Co. , and is described according to said plan as follows: Beginning at a point in the easterly line of Lowell Street, said point being the southwest corner of said parcel and a common corner at land now or formerly of Sears; Thence N 16°-06'-44" W along the easterly line of Lowell Street, a distance of 350.99 feet to a point at land now or formerly of Burlington Village Assoc. ; Thence N 62°-48'-50" E, by land now or formerly of Burlington Village Assoc. , a distance of 339.38 feet; Thence N 65°-56'-17" E, by land now or formerly of Burlington Village Assoc. , a distance of 85.93 feet to a point at the Lexington-Burlington Town Line and land now or formerly of Page; Thence S 41°-56'-12" E, bounding on land of said Page and the Lexington-Burlington Town Line, a distance of 510.70 feet to a point in the westerly line of North Street; Thence, Southwesterly and curving to the right along an arc of a curve having a radius of 577.97 feet, a length of 19.49 feet to a point at land now or formerly of Rizza; Thence S 78°-20'-56" W bounding on land of said Rizza, land now or formerly of Morascio and Sears, a distance of 634.41 feet to the point of beginning. Said parcel contains 5.1358 acres, more or less, as shown on said plan. or act in any other manner in relation thereto. (Inserted by Peter A. D'Arrigo, Jr. and nine or more registered voters) ARTICLE 23 FRANKLIN SCHOOL To see if the Town will vote to authorize the Selectmen to convey the Franklin School property on Stedman Road, 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: The Franklin School was transferred to the Selectmen's jurisdiction by vote of the 1983 Annual Town Meeting (Article 9) . A conversion committee appointed by the Selectmen issued a request for proposals, screened submissions and made recommendations to the Selectmen. The proposal chosen by the Selectmen is from Greater Boston Community Development to convert the property to 38 units of low- and moderate-income rental housing units. ARTICLE 24 MINUTEMAN REGIONAL VOCATIONAL TECHNICAL SCHOOL DISTRICT HOTEL To see if the Town will vote to approve the proposal of Massachusetts Innkeepers Inc. , for constructing a hotel-conference training center on land leased to it by the Minuteman Regional Vocational Technical School District, or take any other action relative thereto. (Inserted at the request of Minuteman Regional Vocational Technical School District) DESCRIPTION: Chapter 196 of the Acts of 1984 requires the Town to approve any proposal by the Minuteman Regional Vocational Technical School District to contract with and to lease land and school buildings to persons agreeing to provide career training and educational programs to students. The District has received a proposal for a hotel-conference center which would provide such programs and expects to ask that this project be approved. ARTICLE 25 SUPPLEMENTARY APPROPRIATONS FOR CURRENT FISCAL YEAR (FY85) To see if the Town will make supplementary appropriations, to be used in conjunc- tion with money appropriated under Article 26 of the warrant for the 1984 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 (FY 85) expenditures. ARTICLE 26 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 1986 (July 1, 1985 - June 30, 1986) 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 FY 83 and FY 84 expenditures, FY 85 appropriations and FY 86 Selectmen/Town Manager recommendations. I J Sel./Mgr. Acc't Expended Expended Appropriated Requested Number Department or Account Fiscal 1983 Fiscal 1984 Fiscal 1985 Fiscal 1986 GENERAL GOVERNMENT Selectmen's Department 1000 Personal Services 33,633 32,618 35,702 34,554 1050 Expenses 7,773 7,189 8,650 9,050 Total 41,406 39,807 44,352 43,604 Town Manager's Office 1060 Personal Services 115,935 126,498 125,647 125,211 1065 Expenses 6,473 6,799 7,000 7,500 Total 122,408 133,297 132,647 132,711 Town Manager's Jurisdiction 1070 Temporary Help & Overtime 31,510 43,329 35,000 35,000 1075 Clerical Services - P.S. 11,392 12,238 12,246 13,155 1080 Office Furniture & Fixtures 3,000 1,863 3,000 4,000 1090 General Professional Services 24,588 32,000 42,000 45,000 1125 Fire & Police Medical Expenses 52,504 30,000 30,000 35,000 1130 Director of Guides - P.S. 1,000 1,000 1,000 1,000 1135 Out of State Travel 3,871 4,953 5,000 5,000 1141 Tuition & Training Fees 8,202 8,459 11,500 11,500 1142 In-State Travel 8,608 8,408 10,000 10,000 Total 144,675 142,250 149,746 159,655 Selectmen's Jurisdiction 1148 Safety Program Expenses 70 97 500 500 Town Clerk's Office 1150 Personal Services 70,026 71,401 73,649 78,845 1200 Expenses 1,015 1,269 1,500 1,520 Total 71,041 72,670 75,149 80,365 3 • Board of Appeals ) 1500 Personal Services 15,370 16,446 16,383 17,598 1550 Expenses 1,863 2,307 2,650 2,650 Total 17,233 18,753 19,033 20,248 Planning Board 1600 Personal Services 46,407 49,227 49,816 57,661 1650 Expenses 5,000 5,185 5,500 5,775 Total 51,407 54,412 55,316 63,436 Insurance 1700 Group 1,179,540 1,449,317 1,758,000 2,109,600 1750 Munic. Prop. & Wrkmn's Comp. 300,000 324,933 336,174 400,000 Total 1,479,540 1,774,250 2,094,174 2,509,600 Printing Town Report 1760 Expenses 3,870 4,809 5,250 5,500 TOTAL GENERAL GOVERNMENT $ 1,931,650 $ 2,240,345 $ 2,576,167 $ 3,015,619 LAW 1775 Law Fees 82,000 221,000 75,000 100,000 1800 Law Expenses 18,000 23,000 20,000 25,000 TOTAL LAW $ 100,000 $ 244,000 $ 95,000 $ 125,000 ELECTIONS 1900 Selectmen's Jurisdiction 13,596 11,571 27,600 9,400 1950 Town Clerk Jurisdiction 14,566 9,330 21,520 8,255 Total 28,162 20,901 49,120 17,655 Sel./Mgr.M r Acct Expended Expended Appropriated Requested Number Department or Account Fiscal 1983 Fiscal 1984 Fiscal 1985 Fiscal 1986 Board of Registrars 2000 Personal Services 7,641 7,758 8,490 9,050 2050 Expenses 11,244 11,743 15,400 15,800 Total 18,885 19,501 23,890 24,850 TOTAL ELECTIONS $ 47,047 $ 40,402 $ 73,010 $ 42,505 TOWN COMMITTEES 2250 Appropriation Committee Expenses 667 809 925 925 2370 Misc. Committees/Boards Expenses 2,277 2,650 3,000 4,000 2400 Town Celebrations Committee Exp. 5,634 4,828 7,500 7,500 2450 Historic Districts Comm. Exp. 1,515 1,318 2,000 2,000 2460 Conservation Commission Expenses 5,896 6,035 6,035 6,340 2465 Conservation Commission - P.S. 7,313 28,852 34,234 31,448 TOTAL TOWN COMMITTEES $ 23,302 $ 44,492 $ 53,694 $ 52,213 RECREATION 2470 Personal Services 134,521 105,806 113,145 130,435 2480 Expenses 15,309 16,532 19,400 19,580 TOTAL RECREATION $ 149,830 $ 122,338 $ 132,545 $ 150,015 FINANCIAL OPERATION Treasurer & Collector's 2500 Personal Services 100,507 109,762 116,704 108,738 2525 Expenses 25,304 24,017 57,050 18,050 2575 Foreclosure & Redemption 3,120 3,500 3,500 5,000 Total 128,931 137,279 177,254 131,788 Comptroller's Office 2800 Personal Services 127,514 137,360 134,827 143,070 2850 Expenses 2,793 3,650 3,500 6,675 Total 130,307 141,010 138,327 149,745 Comptroller's Jurisdiction 2925 Office Machines - Capital Outlay 9,421 9,173 13,500 12,500 2930 Office Machines - Maint. & Repairs 7,846 7,692 8,300 26,500 2935 Office Services - Copier & Supplies 12,000 11,000 11,550 12,000 2940 Metered Mail 27,598 29,637 30,770 32,300 Total 56,865 57,502 64,120 83,300 Assessors 2950 Personal Services 67,787 73,600 72,832 79,823 3000 Expenses 10,870 10,010 12,300 11,900 Total 78,657 83,610 85,132 91,723 TOTAL FINANCIAL OPERATION $ 394,760 $ 419,401 $ 464,833 $ 456,556 HEALTH 3250 Personal Services 54,102 55,851 68,371 72,151 3300 Expenses 5,625 6,717 19,000 19,300 3320 Visiting Nurse & Community Health 6,080 4,769 7,550 7,550 3450 Rabies Clinic 1,768 1,537 2,961 3,025 Total 67,575 68,874 97,882 102,026 Health Jurisdiction - Animal Control Officer 3500 Personal Services 25,590 19,957 16,756 17,859 3550 Expenses 4,491 4,244 6,983 7,325 Total 30,081 24,201 23,739 25,184 TOTAL HEALTH $ 97,656 $ 93,075 $ 121,621 $ 127,210 Sel./Mgr. ) Acc't Expended Expended Appropriated Requested Number Department or Account Fiscal 1983 Fiscal 1984 Fiscal 1985 Fiscal 1986 PROTECTION OF PERSONS AND PROPERTY Police 3760 Police Officers & Staff - P.S. 403,135 437,385 434,300 456,390 3770 Patrolmen and Sergeants - P.S. 1,126,948 1,201,189 1,276,732 1,282,515 3800 Expenses 183,531 216,039 233,250 227,445 3900 Parking Meter Maintenance 2,499 2,491 3,500 3,500 Total 1,716,113 1,857,104 1,947,782 1,969,850 Fire 4110 Fire Officers & Staff - P.S. 107,816 120,334 121,242 160,755 4120 Fire Dept. Coll. Bargaining Unit - P.S. 1,329,618 1,356,969 1,400,397 1,519,861 4150 Expenses 125,000 122,635 129,560 142,400 Total 1,562,434 1,599,938 1,651,199 1,823,016 Local Disaster Services 4300 Personal Services 0 0 200 200 4350 Expenses 332 479 500 500 Total 332 479 700 700 Inspection 4450 Personal Services 91,521 98,667 102,963 107,652 4500 Expenses 3,085 3,240 4,400 3,600 Total 94,606 101,907 107,363 111,252 TOTAL PROTECTION OF PERSONS AND PROPERTY $ 3,373,485 $ 3,559,428 $ 3,707,044 $ 3,904,818 PUBLIC WORKS DEPT. OPERATIONS Public Works Operating 4900 D.P.W. Collective Bargaining Group - P.S. 1,268,017 1,331,676 1,377,054 1,368,389 Director of Public Works/Eng. 4950 Supervisors and Office Staff - P.S. 380,943 394,021 408,432 402,984 5000 Expenses 9,251 11,941 13,240 21,720 Total 390,194 405,962 421,672 424,704 Engineering 5100 Personal Services 223,370 227,075 234,696 248,725 5150 Expenses 6,251 14,945 9,700 9,000 Total 229,621 242,020 244,396 257,725 Town Building Maintenance 5200 Personal Services 77,672 81,580 99,856 108,973 5250 Expenses 242,616 218,704 237,300 204,150 Total 320,288 300,284 337,156 313,123 Other Public Works Expenses 5400 Highway/Traffic Division 156,659 165,005 217,930 237,100 5450 Road Machinery 216,394 217,479 247,600 256,700 5500 Snow Removal 159,704 170,221 141,200 160,200 5600 Street Lights 322,453 360,000 407,000 407,000 5700 Sewer & Water Maintenance Expenses 179,129 185,631 230,515 233,215 5800 Refuse Collection Contract 550,000 497,715 528,000 808,500 5850 Sanitary Landfill 2,615 1,993 4,000 3,500 6000 Park/Shade Tree Division 95,575 79,227 89,877 104,275 6050 Insect Suppression 4,056 9,593 1,350 1,350 Total 1,686,585 1,686,864 1,867,472 2,211,840 Public Works Jurisdiction - Cemeteries 6400 Expenses 13,232 19,092 15,200 14,950 TOTAL PUBLIC WORKS/ENGINEERING $ 3,907,937 $ 3,985,898 $ 4,262,950 $ 4,590,731 Sel./Mgr. 1 Acc't Expended Expended Appropriated Requested Number Department or Account Fiscal 1983 Fiscal 1984 Fiscal 1985 Fiscal 1986 HUMAN SERVICES Veterans Benefits 7100 Personal Services 8,652 9,045 9,518 10,532 7150 Administration 150 156 170 300 7200 Aid & Expenses 3,970 12,384 10,000 10,500 7250 Graves Registration 246 351 200 200 7300 Burial Expenses 0 - 250 250 Total 13,018 21,936 20,138 21,782 Council on Aging 7340 Personal Services 17,298 17,941 18,437 31,321 7360 Expenses 27,644 29,045 34,900 37,450 Total 44,942 46,986 53,337 68,771 Other Human Services 7410 Mystic Valley Mental Health 10,000 1,000 15,000 15,000 7430 Community Services 40,488 44,316 52,064 62,417 Total 50,488 45,316 67,064 77,417 TOTAL HUMAN SERVICES $ 108,448 $ 114,238 $ 140,539 $ 167,970 LIBRARY 7500 Personal Services 498,865 530,294 537,606 568,871 7550 Expenses 167,887 175,709 181,010 188,925 TOTAL LIBRARY $ 666,752 $ 706,003 $ 718,616 $ 757,796 BOARD OF RETIREMENT 7800 Contributory Pension Fund 1,074,163 1,181,172 1,333,450 1,500,000 7810 Pension Funding 300,000 300,000 300,000 300,000 7825 Non-Contributory Pension Fund 190,000 233,070 204,380 210,000 7850 Expenses 5,850 6,050 6,050 5,955 TOTAL BOARD OF RETIREMENT $ 1,570,013 $ 1,720,292 $ 1,843,880 $ 2,015,955 EDUCATION 7920 Public School - Education 17,592,143 18,234,039 19,152,421 19,920,000 8100 Regional Voc. Tech. High School Assessment 321,691 373,906 332,700 332,000 TOTAL EDUCATION $17,913,834 $18,607,945 $ 19,485,121 $20,252,000 DEBT PAYMENT 8500 Interest on Debt 154,925 151,303 97,468 52,488 8525 Tax & Bond Anticipation Loans 28,076 5,789 50,000 50,000 8550 Maturing Debt 1,050,000 1,029,025 825,000 485,000 TOTAL INTEREST AND PRINCIPAL $ 1,233,001 $ 1,186,117 $ 972,468 $ 587,488 TOTAL GENERAL OPERATING EXPENSES $31,517,715 $33,083,974 $ 34,647,488 $36,245,876 ARTICLE 27 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 26 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 these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $367,034 DESCRIPTION: This article requests funds for salary adjustment for all Town employees. At press time no contracts for FY86 with the public employee unions (police, fire, public works) have been settled. ARTICLE 28 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 com- bination 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 29 SUPPLEMENTAL APPROPRIATIONS FOR AUTHORIZED CAPITAL IMPROVEMENT PROJECTS To see if the Town will make supplementary appropriations to be used in conjunc- tion with money appropriated in prior years for the installation or construction of water mains, sewers and sewerage systems, drains, streets, buildings, recreational facilities or other capital improvements that have heretofore been authorized, 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 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 for capital improvement project expenditures which exceed the level of appropriation. ARTICLE 30 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 available 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 31 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, 1985, 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 authorizes the Town Treasurer, with the approval of the Board of Selectmen, to borrow in anticipation of taxes. ARTICLE 32 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: No new funds DESCRIPTION: This article requests transfer of some remaining balances from prior years' conservation articles to the Conservation Fund established in 1964. The fund is generally used to pay the cost of making appraisals on land, title searches, legal fees and other costs incidental to land acquisition. ARTICLE 33 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 appropriated 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: $10,000 DESCRIPTION: This article requests funding for the Unemployment Compensation Revolving Fund. ARTICLE 34 WATER MAINS To see if the Town will vote to install new or replacement water mains and line and reline water mains in such accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate money for such installation and land acquisition and determine whether the money shall be provided by the tax levy, by transfer from available funds, including any special water funds, or by borrowing, or by any combination of these methods; authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid for such projects; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $200,000 DESCRIPTION: This article provides for water system improvements to implement the first phase of recommendations from the water system analysis conducted by a consultant with funds approved at the 1983 Annual Town Meeting. ARTICLE 35 INSTALL 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 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, 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: $15,000 DESCRIPTION: Funds are requested in this article for installation of 500' of storm drain for Winter Street, a problem area identified in the Town's drainage master plan. ARTICLE 36 BROOK CLEANING To see if the Town will appropriate a sum of money to clean and maintain streams and brooks in the Town; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None. DESCRIPTION: This article requests funds for cleaning of streams and brooks. It is anticipated that projects for Fiscal Year 1986 will be completed under previously authorized articles and within the operating budget. ARTICLE 37 INSTALL 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 installa- tion 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 install granite or bituminous road curbing. No projects are proposed for Fiscal Year 1986. ARTICLE 38 CONSTRUCT SIDEWALKS To see if the Town will authorize the Selectmen to construct concrete, bituminous 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; appropriate 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 1986. ARTICLE 39 SANITARY SEWERS To see if the Town will vote to install sewer mains and sewerage systems in such accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto and in amendment thereof, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor, appropriate money for such installation and land acquisition and determine whether the money shall be provided by the tax levy, by transfer from available funds, including any special sewer funds, or by borrowing, or by any combination of these methods; authorize the Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid for such sewer projects; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None DESCRIPTION: This article is for sewer construction and system improve- ments. No projects are proposed for Fiscal Year 1986 beyond those author- ized at the 1984 Special Town Meeting. ARTICLE 40 SCHOOL INFILTRATION/INFLOW REMOVAL To see if the Town will appropriate a sum of money to remove infiltration and inflow of storm water from the sewer system which originates from school building connections; 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: $75,000 DESCRIPTION: The Town's infiltration/inflow study identified a number of sump pumps illegally connected to the sewer system. This article requests funds for removal of sump pumps located at two schools. ARTICLE 41 SEWER PUMPING STATION ENERGY IMPROVEMENTS To see if the Town will appropriate a sum of money for engineering services for an energy study of the North Lexington Sewage Pumping Station; 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) AMOUNT REQUESTED: $11,000 DESCRIPTION: This article requests funds for an energy profile of the North Lexington sewage pumping station. Particular emphasis will be placed on existing pump sizes and operational sequences to determine if pumps are oversized for present and future flows. ARTICLE 42 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: $150,000 DESCRIPTION: This article requests funds for new replacement road equipment. Currently the Town's inventory of equipment is valued at over $2.6 million. ARTICLE 43 AUTHORIZATION TO USE CHAPTER 90 FUNDS 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 Chapter 234 of the Acts of 1984; determine whether the money shall be provided by the tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; authorize the Selectmen to apply for, accept, expend and borrow in anticipation of state aid for such projects; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $500,000 DESCRIPTION: This article authorizes the Town to use its funds in conjunction with state Chapter 90 Highway funds for improving and upgrading streets within the Town. This article provides funds for the fiscal year 1986 street resurfacing program. ARTICLE 44 STREET CONSTRUCTION AND LANDTAKING To see if the Town will appropriate a sum of money for street construction and reconstruction as determined by the Board of Selectmen and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; determine whether the money shall be provided 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: $235,000 DESCRIPTION: This article allows the Town to appropriate a sum of money and to borrow for the reconstruction of Middle Street. ARTICLE 45 STREET ACCEPTANCE AND CONSTRUCTION To see if the Town will vote to establish as a town way and accept the layout of as a town way the following streets: (a) Emerald Street from Asbury Street a distance of 400 feet, more or less, to end; (b) Garfield Street from Reed Street a distance of 700 feet, more or less, to Earl Street; (c) Philip Road from Worthen Road a distance of 1550 feet, more or less, to Rockville Avenue; as laid out by the Selectmen, all as shown upon plans on file in the office of the Town Clerk, dated February 18, 1985, and to take by eminent domain, purchase or otherwise acquire any fee, easement, or other interest in land necessary therefor; and raise and appropriate money for the construction of said streets and for land acquisition; determine whether the money shall be provided in the tax levy, by transfer from available 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: $100,000 DESCRIPTION: Funds in the amount of $56,000 were appropriated at the 1984 Annual Town Meeting for the laying out and construction of Emerald Street (Article 46) . This article would allow for the acceptance of Emerald Street, the construction and acceptance of Garfield Street and Philip Road, a subdivision street not built to Town standard which has seriously deteriorated. ARTICLE 46 TRAFFIC SIGNAL, MASSACHUSETTS AVENUE/WALTHAM STREET To see if the Town will appropriate a sum of money for improving and upgrading traffic control signals at the intersection of Massachusetts Avenue and Waltham Street; 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) AMOUNT REQUESTED: $20,000 DESCRIPTION: The present traffic signals at the Massachusetts Avenue/Waltham Street intersection are considered inadequate. A new controller and other equipment is proposed to improve the phasing of the signalization. ARTICLE 47 TRAFFIC STUDY, SOUTH LEXINGTON To see if the Town will appropriate a sum of money for engineering services for a traffic study of streets in the South Lexington area, 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: $20,000 DESCRIPTION: This article requests funds for a study to project traffic volumes at a future date when this area will be fully developed under existing zoning and to recommend appropriate roadway improvements. ARTICLE 48 TRAFFIC SIGNAL, SPRING STREET/ MARRETT ROAD To see if the Town will appropriate a sum of money for installing traffic control signals at the intersection of Spring Street and Marrett Road; 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) AMOUNT REQUESTED: $55,000 DESCRIPTION: This article requests funds for signalization and channelization to improve traffic movement at this intersection. ARTICLE 49 PARKING LOT OPERATION AND MAINTENANCE To see if the Town will appropriate a sum of money for parking lot operation and maintenance 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 relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $130,000 DESCRIPTION: This article requests funds to continue the program of parking improvements in the Center business district which was initiated by Article 63 of the 1981 Annual Town Meeting. Projects for fiscal year 1986 include continued operation of the attendant parking lot at Meriam Street and beginning a repaving program for Town lots. r' ARTICLE 50 COMMUTER PARKING LOT To see if the Town will appropriate a sum of money to construct a parking lot at the Department of Public Works site on Bedford Street; 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 other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None at press time DESCRIPTION: This article would allow for the construction of an 80-car parking lot at 201 Bedford Street for the use of commuters whose cars have been creating congestion problems on neighborhood streets in the vicinity of the commuter bus stop on Simonds Road at Bedford Street. ARTICLE 51 CONSERVATION LAND PURCHASE To see if the Town will authorize the Conservation Commission to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of land shown as Lots 63, 64 and 68 on Assessors' Property Map 66, (off Cedar Street and Bates Road) now or formerly of Pine Meadows Country Club, Inc. , or authorize the Town to acquire by purchase, eminent domain or otherwise all or any portion of such land for other Town purposes; and appropriate money therefor and determine whether the money shall be provided by the tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; authorize the Town to convey by sale or lease or otherwise all or a portion of such land or other Town-owned land contiguous to such land, including the Meagherville school site, so-called, to a developer or developers for housing or recreation purposes as approved by the Selectmen; authorize the Selectmen to petition the General Court for an act, if necessary, to authorize the Town to carry out this project; authorize the Selectmen to apply for and accept any federal or state grants that may be available for the acquisition; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: None at press time DESCRIPTION: This article would allow for the acquisition of the 95.4 acre golf course property; a contiguous 6.2 acre parcel on Cedar Street; and a 9-acre parcel on Bates Road. Negotiations over the terms of such an acquistion have been ongoing since the 1984 Annual Town Meeting (Arti- cle 59) . This land was also the subject of an article at the 1984 Special Town Meeting (Article 2) . ARTICLE 52 TRANSFER OF TOWN OWNED LAND TO CONSERVATION COMMISSION To see if the Town will authorize the Conservation Commission to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, and authorize the Selectmen to transfer, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended any fee, easement or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws, or other interest in all or any part of land shown as Lot 52 on Assessors' Property Map 24 (on Valleyfield Street) , and appropriate money therefor and determine whether the money shall be provided by the tax levy, by transfer from available funds, or 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: This article would transfer a town-owned lot on Valleyfield Street that is predominantly low and wet to the Conservation Commission. ARTICLE 53 PURCHASE AND CONSTRUCTION OF LIGHTING FOR CENTER #2 SOFTBALL FIELD To see if the Town will appropriate a sum of money to develop Phase I of a ball field lighting program for the Center playground as determined by the Recreation Committee with the approval of the Board of Selectmen; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of the Recreation Committee) FUNDS REQUESTED: $73,000 DESCRIPTION: Under Phase I, this article requests funds for the purchase and construction of perimeter lighting for the Center Softball field #2 located at Worthen Road adjacent to the running track. Day to day costs of operating these lights would be borne by the user. Recreational level lighting is sought to extend the playing hours and thereby increase the number of available softball fields by one to two each evening. The demand for such fields far exceeds the availability of fields. Phase II proposes to light the adjacent baseball field and will include extending the lighting to light the soccer area which overlaps the outfield area of the two ballfields. ARTICLE 54 DEVELOPMENT OF LINCOLN STREET RECREATION AREA To see if the Town will appropriate a sum of money to develop Phase I of Lincoln Street Recreation Area as determined by the Recreation Committee with the approval of the Board of Selectmen; determine whether the money shall be provided by the tax levy, or by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of the Recreation Committee) FUNDS REQUESTED: $100,000 DESCRIPTION: Passage of this article will provide the funding to commence work on Phase I of a multi-phased program to construct additional athletic fields at the Lincoln Street Recreation Area. The land area in Phase I is the portion of the site closest to Lincoln Street. It is the oldest part of the dump and the most stable. Fill will be added as needed, then the area will be regraded, top soil added, fine graded, rolled, loamed and seeded. The result will provide an area in which two varsity size soccer fields would be available. It is the intent to design the area so that the playing fields can be rotated and used for field hockey, lacrosse, soccer, and football as is required by the athletic programs at the schools and by the public. ARTICLE 55 MUNROE SCHOOL BUILDING MAINTENANCE To see if the Town will appropriate a sum of money for installing storm windows in Munroe School; determine whether the money shall be provided by the tax levy, by transfer from available funds, by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $12,000 DESCRIPTION: Funds are requested under this article for storm windows for Munroe School to protect the window sash and increase energy efficiency. ARTICLE 56 WESTVIEW CEMETERY DEVELOPMENT 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 is for landscaping, fencing and roadways for the extension of Westview Cemetery. No projects are proposed for fiscal year 1986. ARTICLE 57 FIRE DEPARTMENT AMBULANCE To see if the Town will appropriate a sum of money to purchase an ambulance for the Fire Department; 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 trade in or sale of the existing ambulance with the proceeds to be applied to the new ambulance; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) AMOUNT REQUESTED: $50,000 DESCRIPTION: This article requests funds to replace the ambulance used by the Fire Department for emergency medical services and transport. The present vehicle was placed in service in 1980; the five-year life span was anticipated. Specialized equipment will be transferred to the new vehicle from the old, which will be traded in towards the purchase. ARTICLE 58 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 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 at the request of the Transportation Advisory Committee) FUNDS REQUESTED: $162,500 DESCRIPTION: This article requests funds for the continuing operation of Lexpress. A subsidy of $60,000 from the MBTA will supplement this appropriation. ARTICLE 59 HAZARDOUS WASTE COLLECTION To see if the Town will authorize the Selectmen to enter into a contract with a licensed hazardous wastes transport, storage and disposal company to collect and dispose of residential hazardous wastes; appropriate a sum of money for such contract and determine whether the money shall be provided by the tax levy, by transfer from available funds, by user fees, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $3,500 DESCRIPTION: This is a request for funds to collect household hazardous wastes in a once-a-year collection. These wastes, including but not limited to pesticides, paint and cleaning solvents, herbicides, and other poisons, cannot be legally discarded with other household trash and are dangerous to the environment if discarded in woods or backyards. Lexington conducted the first such collection in 1982, and has repeated the program in subsequent years. ARTICLE 60 MASSACHUSETTS WATER RESOURCES AUTHORITY To see if the Town will appropriate a sum of money for the cost of the delivery of water and for sewage collection, disposal and treatment services provided by the Massachusetts Water Resources Authority; 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: $1,000,000 DESCRIPTION: Chapter 372 of the Acts of 1984 transferred the sewer and water divisions of the Metropolitan District Commission (MDC) to this new Authority, which is particularly charged with rebuilding the sewer system of which Lexington is a part to curtail pollution of Boston Harbor. It has not yet been determined whether municipal water and sewer charges will continue to be billed on the "cherry sheet," as had been the case with MDC costs, or will require separate appropriation under this article. ARTICLE 61 USE OF FUNDS TO REDUCE TAX RATE To see if the Town will appropriate a sum of money from available funds toward the reduction of the tax rate for the fiscal year; or act in any other manner in relation thereto. (Inserted by the Board of Selectmen) FUNDS REQUESTED: $1,100,000 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 personal property taxes from prior years. And you are directed to serve this warrant seven days at least before the time of said meeting as provided in the By-Laws of the Town. Hereof fail not, and make due return on this warrant, with your doings thereon, to the Town Clerk, on or before the time of said meeting. Given under our hands at Lexington this fourth day of February, A.D. , 1985. .010(Ca// 46, ( Board TA- \ v of V '- Selectmen rye 41/� \ A true copy, Attest: 0, ge D nderson Constable of Lexington t F CONSTABLE'S RETURN 1985 FEIN 20 PJB] 13 TOWN COX LEXINGTON, BIAS'S February 20 . 1985 To the Town Clerk: I have served the foregoing warrant by posting a printed copy thereof in the Town Office Building, Cary Memorial Building and in a public place in each of the precincts of the Town and also by sending by mail, postage prepaid, a printed copy of such warrant addressed to each dwelling unit in multiple dwelling houses, apartment buildings, or other buildings in the Town 12 days before the time of said meeting. (� Attest: v' S" \ i -- - tabYe of Lexington RECEI,rEI) 1985 FEB 20 PH 3 I3 TOWN CLERK OFFICER' S RETURN LEXINGTON, MASS_ Middlesex, ss: Town of Lexington February 20, 1985 I, this day notified the voters of Lexington of the coming Annual Town Meeting (Election Day) to be held on the fourth day of March, 1985. I noti- fied 9,994 inhabitiants of the Town of Lexington Tainted to vote in elections by mailing them a true attested copy of the Warrant on February 20, 1985, 12 days before the time of siad election. I have also posted a true and attested copy of this Warrant for the Annual Town Meeting in the following public places, plus one at the Town Office Building: 1. Precinct #1 East Lexington Library 2. Precinct #2 East Lexington Fire Station 3. Precinct #3 Jonas Clarke Junior High School 4. Precinct #4 Senior High School 5. Precinct #5 Cary Memorial Building 6. Precinct 116 William Diamond Junior High School 7. Precinct #7 Estabrook School 8. Precinct #8 Fire Headquarters 9. Precinct #9 Maria Hastings School Respectfully submitted, WXV,_ orge D. Anderson Constable of Lexington