HomeMy WebLinkAbout1986-1992 Town Records Book 23 �
ADJOURNED SESSION OF THE 1986 ANNUAL TOWN MEETING
APRIL 2, 1986
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8:02 P.M. in Cary Memorial Hall.
There were 180 Town Meeting Members present.
Invocation offered by Rev. Brian Dixon of the First Baptist Church.
8:04 P.M.
The Moderator informed the meeting that Article 2 would remain open until
� the final dissolution of the 1986 Annual Town Meeting. 8:05 P.M.
i
I ;
i i
�
Article Z. REPORTS OF TOWN OFFICERS, BOARDS, COMMITTEES
Ione Garing, Chairman of the Cary Lectures Committee, moved that the
- report of the Cary Lectures Committee be accepted and placed on file.
Adopted unanimously. 8:05 P.M.
John C. Eddison moved that the report of the Town Manager be accepted
and placed on file.
Adopted unanimously. 8:05 P.M.
Judith J. Uhrig, Chairman of the Planning Board, said that on April 9th
at 7:30 P.M. in Estabrook Hall, the Planning Board will hold open house
to discuss any zoning article and to go over any amendments that may
be contemplated. She added that it is the wish of the Board to move
that citizens articles be brought up on a date certain so that neighbors
may be in attendance. She said that they would move that Articles 47,
i! 48 and 49 be taken up out of order and that Article 48 be postponed to
i April 14 and the two Waltham Street articles be postponed to April 28.
>t%
' Judith J. Uhrig moved that Article 47 be taken up at this time. 8:11 P.M.
Adopted by voice vote. 8:11 P. M.
Article 47. AMEND ZONING BY-LAW, WALTHAM STREET, RO to RD
Judith J. Uhrig moved that Article 47 be taken up on Monday, April 28.
8:12 P.M.
After some discussion, Mrs. Uhrig moved to table Article 47 and this
motion was declared adopted by voice vote. 8:15 P.M.
(See Pages 53-61 inc.)
Article 2. Judith J. Uhrig said that there would be information on the back
table for next Monday night with an explanation on the proposed
� order and dates of presentation of Articles 47, 48 and 49.
8:15 P.M.
1
�
Shepard Anthony Clough, Chairman of the School Committee, gave a
brief oral report on Article 48 - School Department Computer:
The bids were opened this past Monday night and they are now being
studied. On Thursday at 7:30 P.M. on Channel 3 there will be a
program regarding computers in the school system. William T. Spencer
invited the Town Meeting Members to visit the computer center at the
High School. 8:18 P.M.
Alan J. Lazarus asked if there would be video tapes of this program
available at the library and Mr. Clough said that they intended to
show this program in the lobby of Cary Hall at 7:30 P.M. before the
next town meeting session. 8:19 P.M.
,
2
(Adjourend Session of the 1986 Annual Town Meeting - April 2, 1986)
Article 5. SALARY ADJUSTMENTS AND COLLECTIVE BARGAINING '
SETTLEMENTS �
ii
Presented by John C. Eddison, Acting Chairman of the Board of Selectmen.
MOTION: That $360,000 be appropriated for the ensuing fiscal year, in �
addition to those authorized under Article 4 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, and that such amount
be raised in the tax levy.
I
The amount voted is to be distributed among the following accounts as �
,
authorized by the Board of Selectmen:
ACCT. �� DEPARTMENT I
1000 Selectmen's Department
1060 Town Manager's Office ,
1070 Temporary Help & Overtime
1075 Clerical Services
1130 Director of Guides i
1150 Town Clerk's Office
1500 Board of Appeals
1600 Planning Board
2000 Board of Registrars ,
2465 Conservata_on Commission �
2470 Recreation '�
2500 Treasurer & Collector's Office
2800 Comptroller's Office
2950 Assessor's Office i
3250 Health
3500 Animal Control i
3760 Police Management and Staff �
3770 Patrolmen and Sergeants - Personal Services i
4110 Fire Management and Staff f
4120 Fire Collective Bargaining Group - Personal Services ; i
4450 Inspection �
4900 D.P.W. Collective Bargaining Group - Personal Services
4950 D.P.W. Management and Staff _
5100 Engineering �
I
5200 Town Building Maintenance �
7100 Veterans' Services
7340 Council on Aging i
7500 Library I
8:21 P.M.
Michael J. 0'Sullivan said that the Appropriation Committee �
recommended favorable action on this article. 8:23 P.M. I
Adopted unanimously. 8:23 P.M. 1
�i
!
Article 6. SUPPLEMENTARY APPROPRIATIONS FOR CURRENT I
FISCAL YEAR (FY86) �
Selectman William J. Dailey, Jr. said that he would first like to !
give a report under Article 2. He said that originally this
�
article was going to be indefinitely postponed but one of the two fuel �
tanks at the D.P.W. has water in it and is being checked out for -i
the eause. These 35 year old tanks hold 5,000 gallons each and if
one is to be replaced, it would make sense to replace both. j �
8:24 P.M.
John C. Eddison moved to table Article 6.
Adopted unanimously. 8:25 P.M.
(See Page 23) ,
_ —_—_— ----------------------- ---- ---------— ----— --_ ------__ _ ..-_
_ �----
3
(Adjourned Session of the 1986 Annual Town Meeting - April 2, 19$6)
Article 7. PRIOR YEARS' UNPAID BILLS
Presented by John C. Eddison.
MOTION: That this article be indefinitely postponed.
Adopted unanimously. 8:25 P.M.
� Article 8. SUPPLEMENTAL APPROPRIATIONS FOR AUTHORIZED
CAPITAL IMPROVEMENT PROJECTS
�
, Presented by Leo P. McSweeney.
MOTION: That the sum of $19,500 be appropriated, in addition to the
amount appropriated under Article 53 of the warrant for the 1985
Annual Town Meeting, to develop a ball field lighting program for the
Center Playground, and that to raise, such amount $19,500 be transferred
from the unexpended balance of the amount appropriated under Article
54 of the warrant for the 1985 Annual Town Meeting.
8:26 P.M.
Mr. McSweeney gave a short explanation. 8:28 P.M.
Sam V. Nablo, Chairman of the Recreation Committee, gave a lengthy
explanation with the aid of view graphs. The original appropriation
for Phase 1 was $72,760 but the 1986 bid was $91,000. Mr. Nablo
urged support of this article as there is an April 15th deadline to
accept the bid. 8:37 P.M.
Michael J. 0'Sullivan voiced the support of the Appropriation
Committee of this article, explaining why they did not support the
request for a transfer. As the vote in 1985 was close, the committee
felt that it should come before town meeting again as they had a
responsibility to the citizens of the town. 8:41 P.M.
^ if Georgia S. Glick wondered what the effect of 40 foot and 70 foot
high lights would have on the neighbors. Mr. Nablo answered that
recreational "lighting has changed in recent years and is much
improved. 8:43 P.M.
Stan N. Finkelstein asked what would happen if town meeting did not
approve this article and Mr. Nablo answered that the project could
not go forward. 8:44 P.M.
Robert I. Rotberg complimented the Appropriation Committee for
bringing this back to town meeting this year and then asked about
users fees. Mr. Nablo stated that the users fees take care of
the power consumption. 8:47 P.M.
James M. McLaughlin moved the previous question which was declared
adopted by voice vote. 8:50 P.M.
Main motion adopted�-.v.oice. vofe, '8:50 P.M.
_ John C. Eddison moved reconsideration of Article 8 immediately. 8:50 P.M.
Mr. Eddison explained that, due to the April 15th deadline for the bid, :he
� ho ed his motion would not
' P prevail. That would then close the article as n�
.;;.-a motion for reconsideration may be made twice for the same article. 8:50 P.M.
Concerned about a precedent, Ephraim Weiss urged defeat of this motion.
8:52 P.M.
Arthur C. Smith asked Mr. Eddison if he would withdraw his motion to reconsider
Article 8 and to wait for thirty minutes - possibly there will not be a motion to
reconsider. 8:53 P.M.
Gerald L. Abegg and Julian J. Bussgang spoke in opposition and Mr. Bussgang
moved to table the motion. After debating, he couldn't make the motion. Therefore,
Robert I. Rotberg moved to table the motion, which was declared adopted by voice
vote. 8:56 P.M.
(See Page 11)
� (Adjourned S�ssion of the 1986 Annual Town Meeting - Apri1 2, 1986)
Article 9. RESERVE FUND '
I
Presented by William J. Dailey, Jr. �
MOTION: That the sum of $150,000 be appropriated for the Reserve ',
Fund and to raise such amount, $150,000 be transferred from the j
Reserve Fund - Overlay Surplus. i
Adopted unanimously. 9:02 P.M. ,
Article 10. TAX ANTICIPATION BORROWING j
i
� ;
Presented by William J. Dailey, Jr. �
MOTION: That the Town Treasurer, with the approval of the Select- �
men, be authorized to borrow money from time to time in anticipation
of the revenue for the fiscal year beginning July l, 1986 and to
issue a note or notes therefor, payable within one year, under G.L.
c. 44, sec. 4 as amended, and to renew any note or notes as may be �
given for a period of less than one year, under G.L. c. 44, sec. 17.
Adopted unanimously. 9:02 P.M. I
Article 11. CONSERVATION FUND
i
i
Presented by William J. Dailey, Jr. ;
MOTION: That the sum of $15,000 be appropriated for the Conserva-
tion Fund; that to raise such amount $15,000 be transferred from
the Reserve Fund-Overlay Surplus; and that the Town acknowledge with �
gratitude the bequest of $10,000 from the Estate of Robert C.
Merriam, such amount to be placed in the Conserva�=on Fund to be used
for the acquisition of public lands.
9:03 P.M.
Michael J. 0'Sullivan said that the Appropriation Committee
recommended favorable action. 9:05 P.M.
Daniel L. McCabe; Chairman of the Capital Expenditures Committee, �,
said that the committee also recommended favorable action. �
9:05 P.M.
i
�
Adopted unanimously. 9:05 P.M. I
li
Article 12. UNEMPLOYMENT COMPENSATION FUND i
Presented by William J. Dailey, Jr. I
I
MOTION: That the sum of $15,000 be appropriated for the unemploy- ��';
ment compensation fund to be used in conjunction with money '
previously appropriated for this purpose, and to raise such amount �
$15,000 be transferred from the Reserve Fund - Overlay Surplus.
9:05 P.M. '
�
Michael J. 0'Sullivan said that the Appropriation Committee
recommended favorable action. 9:06 P.M.
Adopted unanimously. 9:06 P.M. �--
i
�
Article 13. WATER MAINS
Presented by John C. Eddison.
(As MOTION: That the Selectmen be and they hereby are authorized to
adopted) install new or replacement water mains in such accepted or un-
accepted streets or other land as the Selectmen may determine, �
subject to the assessment of betterments or otherwise, and to take
by eminent �omain, purchase or otherwise acquire any fee, easement
or other interest in land necessary therefor; to appropriate the �
sum of $200,000 for such installation and land acquisition; and that
i
such amount be raised in the tax levy.
Adopted unan.imously. 9:12 P.M.
-------_ _---- ----- ---- l-- - _ .----- ---- ..
(Adjourned Session of the 1986 Annual Town Meeting - Apri1 2, 1986)
5
Article 14. INSTALL DRAINS/WIDENING, DEEPENING OR
. : . ALTERING BROOKS
Presented by John C. Eddison.
MOTION: That this article be indefinitely postponed.
Adopted unanimously. 9:12 P.M.
Article 15. CONSTRUCT SIDEWALKS
i
� Presented by John C. Eddison.
(See MOTION: That the Selectmen be and they hereby are authorized to
Page 6 construct or reconstruct concrete, bituminous concrete or other
for sidewalks, and to take by eminent domain, purchase or otherwise
motion acquire any fee, easement or other interest in land necessary
as therefor; to appropriate the sum of $110,000 for such construction
adopted) or reconstruction and land acquisition, and that to raise such
amount $110,000 be transferred from the Unreserved Fund - Special
Assessments. 9:13 P.M.
Mr. Eddison listed the following locations:
Massachusetts Avenue - Waltham Street to
Lexington Square 380'
Worthen Road at Medi-Mart S.W. side 400'
East Street - Lowell Street to town line 750'
Pleasant Street - Concord Avenue to Lawrence Lane 900`
9:15 P.M.
Richard A. Michelson moved that: Sidewalk construction be authorized
(Amend, for l. 380 foot section on the southerly side of Mass. Ave.
Lost) (between Waltham St. and Lexington Square $60,000
2. 750 feet of East St. from Lowell St. to the Woburn Line $15,000
�i 3. The east side of Pleasant St. from Concord Ave. to beyond
Lawrence Lane. $35,000
�� 9:17 P.M.
Mr. Eddison voiced the opposition of the Selectmen to this amendment.
He said that the estimate submitted is an overall estimate and the
town does not want to be locked in to the exact amounts for each
street as stated in the amendment. 9:20 P.M.
Mr. Michelson, deleting the dollar amounts, read his re-worded motion �'
to amend as follows:
(Amend. MOTION: That the following words be added after the word "sidewalks"
Lost) as follows:
l. 380 foot section on the southerly side of Mass. Ave. (between
Waltham St. and Lexington Square
2. 750 feet of East St. from Lowell St. to the Woburn Line .
3. The east side of Pleasant St. from Concord Ave. to beyond
Lawrence Lane
9:23 P.M.
There was much concern in the use of bricks rather than concrete in
the center of town. The aesthetic reasons were understood, but
the durability and safety for walking were questioned.
'� Mr. Michelson's motion to amend Article 15 was declared lost by
_ voice vote. 9:29 P.M.
(Amend. Frank Sandy moved that: add at end of motion: "none of such funds
adopted) shall be used for sidewalks on Mass. Ave.". 9:30 P.M.
James M. McLaughlin suggested voting on each street separately. 9:38 P.M.
Arthur C. Smith asked if the Mass. Avenue sidewalk was servicable at the
present time and Mr. Eddison said there was a difference of opinion.
D.P.W. and the Engineering Department see the beginning of deterioration.
Mr. Sandy's motion to amend declared adopted by voice vote. 9:40 P.M.
� (Adjourned Ses�ion of the 1986 Annual Town Meeting - Apri1 2, 1986)
�
Article 15. Robert I. Rotberg moved to amend by striking $110,000 and sub-
(Cont.) stituting $50,000 in its place. 9:43 P.M.
(Amend.
Lost) Frank Sandy spoke in opposition to Mr. Rotberg's motion. He said �
that he purposely did not put the deletion of the appropriation i
in his amendment so that the amount that would have been used for i
the Mass. Avenue sidewalk could be used for another high priority
sidewalk. 9:44 P.M.
I
Mr. Rotberg's motion to amend was declared lost by voice vote. i
9:44 P.M.
i
� �
Paul E. Hamburger read and filed the following petition that
was signed by seventeen residents in the East Street area:
i
"We, the undersigned, concerned for the safety of all our
residents and especially for our children, and particularly in ;
light of the extremely heavy volume of traffic utilizing Russell ;
St./East St. , petition the Town of Lexington to install sidewalks
from the corner of Lowell St. and East St. to the beginning of the ;
Woburn city line" 9:45 P.M. !
Main motion, as offered by Mr. Eddison and amended by Mr. Sandy,
now reads:
I
(As MOTION: That the Selectmen be and they hereby are authorized to '
adopted) construct or reconstruct concrete, bituminous concrete or other
sidewalks, and to take by eminent domain, purchase or otherwise
acquire any fee, easement or other interest in land necessary I
therefor; to appropriate the sum of $110,000 for such construction
or reconstruction and land acquisition, and that to raise such
amount $110,000 be transferred from the Unreserved Fund - Special
Assessments none of such funds shall be used for sidewalks on
Mass. Ave.
� '
Main motion, as amended, adopted unanimously. I
9:47 P.M.
�
�
Elaine Dratch served notice of reconsideration of Article 15. 9:47 P.M.
i
I
Article 16. SANITARY SEWERS �
Presented by John C. Eddison. ;
I
MOTION: That this article be indefinitely postponed. I
�
Adopted unanimously. 9:47 P.M. j
�
'I
Article 17. INFILTRATION/INFLOW
Presented by William J. Dailey, Jr.
(See
Page 23 MOTION: That the sum of $100,000 be appropriated to remove in- ,
for filtration and inflow of storm water from the sewer system, and �
adopted that such amount be raised in the tax levy. •
substitute 9:48 P.M.
motion)
Mr. Dailey said that there would be a reimbursement of $60,000
from the state. 9:50 P.M.
Adopted unanimously. 9:51 P.M. �
__,_ __ .---- -,_ --- _---------- -----� ---__ ------ __--------_-_-- _----- ------_—--__
�
(Adjourned Session of the 1986 Annual Town Meeting - Apri1 2, 1986)
Article 18. SEWER PUNIP STATION ENERGY IMPROVEMENTS
Presented by William J. Dailey, Jr.
MOTION: That the sum of $125,000 be appropriated for energy improve-
ments to the North Lexington Sewage Pumping Station, and that such
amount be raised in the tax levy.
Adopted unanimously. 9:53 P.M.
�
� �
Michael J. Sullivan served notice of reconsideration of Article 17. �
9:53 P.M.
(See Pages 6 and 23)
Article 19. PUBLIC WORKS EQUIPMENT
Presented by William J. Dailey, Jr.
MOTION: That the sum of $200,000 be appropriated for the purchase
by or with the approval of the Selectmen of equipment for the Depart-
ment of Public Works, and that such amount be raised in the tax levy.
9:53 P.M.
Mr. Dailey listed the following pieces of equipment to be purchased:
3 sedans; 1 pickup truck; 1 rubber-tired sidewalk tractor; 1 street
sweeper; 2 mowers; 2 sander �bd.dies; 1 stump cutter; 1 brush chipper.
9:55 P.M.
� Michael J. 0'Sullivan said that the Appropriation Committee
�
recommended favorable action. 9:56 P.M.
Adopted unanimously. 9:56 P.M.
Article 20. AUTHORIZATION TO USE CHAPTER 90 FUNDS FOR
STREET IMPROVEMENTS
Presented by John C. Eddison.
I
MOTION: That the Treasurer with the approval of the Selectmen be
authorized to issue Highway Reimbursement Notes of the Town under
G.L. c. 44, sec. 6, as amended, in anticipation of reimbursement
by the Commonwealth for highway reconstruction and improvements
under the authority of Chapter 90 of the General Laws as -funded by
Chapter 140 of the Acts of 1985, and that notes issued for a shorter
period than two years may be refunded by the issue of new notes
maturing within two years from the date of the origin.al obligation;
that the Selectmen are authorized to accept highway funds from all
sources; that, in addition, the sum of $700,000 be appropriated for
highway improvements, and that such amount be raised in the tax levy.
9:57 P.M.
�� Mr. Eddison explained that the town is behind on the street re-
� � surfacing program. They should be doing six miles of road each
�,� year but they have only been doing about three miles per year.
9:58 P.M.
, Many questions were answered by Director of Public Works, Walter J.
Tonaszuck.
Adopted by voice vote. 10:06 P.M.
� (Adjour��d� Session of the 1986 Annual Town Meeting - April 2, 1986)
I
Article 21. STREET CONSTRUCTION AND LANDTAKING i
I
Presented by John C. Eddison. i
I
MOTION: That this article be indefinitely postponed. j
Adopted by voice vote. 10:06 P.M. I'
Article 22. STREET ACCEPTANCE AND CONSTRUCTION
Presented by John C. Eddison. - j
i
;
MOTION: To establish as town ways and accept the layout of the , __ .
following town ways:
�
(I.P.P. (a) Maple Tree Lane from Maple Street a distance of 325 feet, more
See ---- or less, to end;
below) '
(As ---- �b� Pearl Street from Bartlett Avenue a distance of 370 feet, more �
adopted, or less, to end;
See all as laid out by the Selectmen and shown upon plans on file in I
below) the office of the Town Clerk, dated February 20, 1986, and to
authorize the Selectmen to take by eminent domain, purchase or
otherwise acquire any fee, easement or other interest in land
necessary therefor. 10:07 P.M. �
Mr. Eddison said that there would not be any unaccepted streets
to be accepted due to fiscal restraints. 10:08 P.M.
David G. Williams wondered if we should wait until after a sub- �
division is completed before accepting a street. 10:10 P.M. �
Frank Sandy asked if Maple Tree Lane was built to town standards.
10:11 P.M.
� � �� I
Judith J. Uhrig said that the- sidewalk was waived and added that ' j
it might be a good idea to delete Maple Tree Lane. 10:12 P.M. i
William W. Welch, Jr. asked that the streets be divided for I,
voting purposes and the Moderator said that they would be voted �
on separately. 10:13 P.M.
i
Judith J. Uhrig moved that section (a) Maple Tree Lane be �;
indefinitely postponed. 10:13 P.M. '
I
Angela E. Frick, a Town Meeting Member and resident of Tavern Lane, I
asked why Tavern Lane was not in the motion, although it was in i
the warrant. 10:13 P.M.
�
Mr. Eddison said that it was deleted for cost purposes. 10:14 P.M. �
�
Mrs. Frick said that the neighbors had been negotiating with the i
Selectmen for twelve years and asked when the drainage from Eliot
Road would be corrected. Mr. Eddison answered that the D.P.W.
was working on it. He also said that the neighbors would be �I
notified. 10:17 P.M. �
i
Mr. Eddison` said that the Selectmen did not have any objections to I
postponing Maple Tree Lane. 10:19 P.M. ---�
1
Sec. (a) . Motion to indefinitely postpone section (a) Maple Tree ;
Lane was adopted unanimously. 10:19 P.M.
General discussion followed regarding Tavern Lane and the width of
the street and the difference between Maple Tree Lane and Pearl Street.
Sec. (b) . Motion under section (b) Pearl Street was declared
adopted unanimously. 10:27 P.M.
___—----- __ ____ ______ --._ ---- _----
___ ----------__ __
_
(Adjaur��d Session of the 198b Annual Town Meeting - April 2, 1986) �
Article 23. TRAFFIC SIGNAL, BEDFORD STREET, REVERE STREET AND HILL STREET
Presented by John C. Eddison.
(As MOTION: That the sum of $60,000 be appropriated for improving and
adopted) upgrading traffic control signals at the intersection of Bedford
Street, Revere Street and Hill Street, and that such amount be
raised in the tax levy. 10:28 P.M.
� Mr. Eddison said that the elderly and the school children going
to Diamond Junior High School need the traffic light at this
� dangerous intersection. 10:31 P.M.
4-� Sharon MacDonald moved to table Article 23 until next Monday but
this motion was lost by voice vote. 10:31 P.M.
Vicky L. Schwartz said that the survey made by the League of Women
Voters showed the concern of the residents about the traffic. She
added that the League strongly supported this article.
10:32 P.M.
Michael J. 0'Sullivan said that a majority of the members of the
Appropriation Committee supported this article. 10:33 P.M.
Norman P. Cohen, Town Counsel, was Acting Moderator through the
final vote on this article, as Moderator, Lincoln P. Cole, Jr.
spoke in favor of delaying the article until residents and many
of the elderly that wished to speak could be present.
10:34 P.M.
Iris G. Wheaton moved to table Article 23. This motion was
declared lost by voice vote. 10:34 P.M.
Sheldon A. Spector voiced the support of the Capital Expenditures
Committee of this article. 10:37 P:M.
I Ursula C. Bellini of 18C William Roger Greeley Village was recognized
` and she urged support of the article, not just for the elderly but
T also for the childreri crossing this street, many on bicycles.
10:38 P.M.
John W. Maloney moved the previous question which was adopted by
voice vote. 10:38 P.M.
Adopted unanimously. 10:38 P.M.
Article 24. PARKING LOT OPERATION AND MAINTENANCE
Presented by Jacquelyn R. Smith.
(As MOTION: That the sum of $112,000 be appropriated for parking lot
adopted) operation and maintenance in the Town, and that such amount be
transferred from Parking Funds. 10:39 P.M.
Mrs. Smith gave the following breakdown of figures:
Attendant Parking Program - Meriam Street lot $ 57,000 �
Permit Parking lot leases 20,000
Parking lot resurfacing (School administration) 35,000
� $ 112,000
� � 10:40 P.M.
,
In answer to a question raised by Frank Sandy, Mrs. Smith said that
the appropriation for plowing was included in the snow and ice budget.
10:42 P.M.
Sam Silverman moved that the following be added to the motion:
(Amend. From Monday through Friday, for cars parking at the attended Meriam
lost) St. lot between the hours of 11 AM and 2 PM, either (1) parking fees
shall be substantially higher than at other hours, or (2) a surcharge
shall be imposed on the parking fee. 10:45 P.M.
� � (Adjourn2d Session ef the 1986 Annual Town Meeting - April 2, 1986)
Article 24. Mrs. Smith said that the Selectmen urge defeat of this amendment.
(Cont.) 10:48 P.M.
i
Frank Sandy was concerned that the snowplowing of the parking lots �
was not coming out of the parking meter funds. 10:50 P.M.
Motion to amend, as offered by Mr. Silverman, declared lost by voice �
vote. 10:50 P.M.
Main motion, as offered by Mrs. Smith, declared adopted unanimously.
10:53 P.M.
I
John C. Eddison moved to adjourn this meeting to Monday, April 7, 1986 at I
8 P.M. in Cary Memorial Hall. 10:54 P.M.
I
Arthur C. Smith said that if the motion to adjourn was withdrawn, the motion to
reconsider Article 8 could be taken off the table and that item could be settled
tonight in order not to lose out on the April 15th deadline for the bid acceptance. �
10:55 P.M.
As there were no objections from the meeting, John C. Eddison withdrew his ,
motion to adjourn this meeting. 10:56 P.M.
�
Marian C. Reilly served notice of reconsideration of Article 24. 10:57 P.M.
I
Sharon MacDonald asked what type of traffic light would be installed at Bedford �
Street. D.P.W. Director, Walter J. Tonaszuck said that the traffic signal for
vehicles will have detectors on the side streets. The pedestrian signal will be
push button. 10:58 P.M.
I
Marshall J. Derby moved that this meeting be adjourned to Monday, April 7, � �
1986 at 8 P.M. in Cary Memorial Hall. This motion was declared adopted by
voice vote at 10:59 P.M.
i
I
I
A true copy. �
I
�I
i
Attest:
�/� �1
//(i(J� /i �\.���/l� • I
a
Mary R. McDonough, Town Clerk
`_"�
I� �
Suzanne S. Frank, 187 Cedar Street, resigned as a Town Meeting Member from
Precinct Eight as of April 7, 1986.
(See Page 24)
1
---------------— --------___------
1-- --
--- __ --- _ -_ _ _--- ------ ---
AbJOURNEb SESSION OF THE 1986 ANNUAL TOWN MEETING ��
APRIL 7, 198b
The meeting was called to order in Cary Memorial Hall by the Moderator,
Lincoln P. Cole, Jr. at 8 P.M. and immediately recessed, subject to the call of
the Chair. The meeting was again called to order at 8:05 P.M.
There were 180 Town Meeting Members present.
invocation was offered by Rev. Martin U. McCabe, Pastor of the Sacred Heart
Church. Before he offered the prayer, he asked permission to speak to the meeting.
He said that he is retiring in June, 1986 and spoke of his love of the town and
� thanked the Town Meeting Members for their part in keeping the town as it is.
' He was given a standing ovation by the meeting for his contributions to the
" town. 8:08 P.M. '
The Moderator introduced a group of Nieman Fellows from all over the world
who are presently at Harvard and were accompanied by Howard Simonds, Harvard
Curator. 8:08 P.M.
Article 2. REPORTS OF TOWN OFFICERS, BOARDS, COMMITTEES
Paul W. Marshall, Chairman of the Board of Selectmen, gave a brief
outline of the upcoming schedule of articles. The first item would
be to immediately remove the motion to reconsider Article 8 from the
table and then; to, hopefully, defeat the motion to reconsider Article
8. Article 25 would be next and then down through the major financial
articles - Articles 26, 27 & 28. As each of these articles is adopted,
if adopted, a notice of reconsideration will be served in order that
the articles will be available for change, if necessary, through the
end of the meeting. Article 29, Pine Meadows, will be tabled to keep
the town's options open throughout the meeting. 8:10 P.M.
i
� Paul W. Marshall moved to remove the motion to reconsider Article 8 from the
table. This motion was adopted by voice vote. 8:12 P.M.
(See Page 3)
Paul W. Marshall speaks on the motion to reconsider Article 8. He asks for
defeat of this motion and the motion to reconsider Article 8 was declared lost by
voice vote. 8:13 P.M.
Article 25. REPLACE OIL TANKS
Presented by Jacquel�n R. Smith.
MOTION: That the sum of $15,000 be appropriated to replace town
owned oil storage tanks, and that such amount be raised in the tax
levy. 8:13 P.M.
In response to questions raised by Stephen W. Miller, Walter Tonaszuck,
Director of Public Works, said that air is pumped into the tank and,
if there is leakage, the air will escape. He added that there aren't
any regulations relative to inspection of private tanks.
i
8:18 P.M.
� �
,.- Adopted unanimously. 8:18 P.M.
Article 2. REPORTS OF TOWN OFFICERS, BOARDS, COMMITTEES
Michael J. 0'Sullivan moved that the Supplemental Report of the
Appropriation Committee be accepted and placed on file.
Adopted unanimously. 8:22 P.M.
�� "(Adjoufn�d Session of the 1986 Annual Town Meeting - Apri1 7, 1986)
Michael J. 0'Sullivan moved that Article 26 be postponed and taken up after
Article 32. 8:23 P.M.
I
Paul W. Marshall spoke for the Board of Selectmen and urged defeat of this i
motion. 8:24 P.M. i
�
After general discussion, Mr. 0'Sullivan's motion to postpone Article 26 until �
after Article 32 has been taken up was declared lost by voice vote. 8:28 P.M.
I
Article 26. TOWNWIDE TOPOGRAPHY i '
Presented by Judith J. Uhrig. �
�
i
(As MOTION: That the sum of $130,000 be appropriated for aerial photo-
adopted) grammetric services to update the townwide topography maps, and that
such amount be raised in the tax levy.
8:28 P.M. �
Mrs. Uhrig explained that this article was inserted in the warrant
at the request of both the Planning Board and the Conservation
Commission. 8:30 P.M.
Charles Wyman, Conservation Administrator, Jennie Rawski, Assistant
Planner, and Robert A. Bowyer, Planning Director all spoke of the I
needs of these maps for their and other departments of the town.
Changes since 1971 are not on the current maps. 8:47 P.M.
Joyce A. Miller, Chairman of the Conservation Commission, said that
the Commission strongly supports this article. 8:48 P.M. ;
Eric T. Clarke, as a past Chairman of the Planning Board, urged �
support but asked if the new maps:� would contain property lines.
8:50 P.M. �
i
Mr. Bowyer answered that the camera cannot pick up property lines ', �,
but that the maps may be super-imposed but this is not included in �
the $130,000. Mr. Clarke added that the maps were most valuable.
8:52 P.M.
William J. Dailey, Jr. voiced opposition for the majority of the i
Board of Selectmen. Mr. Dailey said that the towns of Wellesley, '
Belmont and Lincoln have not spent money on topography maps and
the Selectmen feel that this article could be deferred for a year '
or more. 8:55 P.M. I
Robert A. Bowyer said that Waltham and Burlington do have these �
maps. 8:57 P.M. �
Jacquelyn-: R. Smith, spoke for John C. Eddison, the minority members �
of the Board of Selectmen, supporting this article. As a past
Chairman of the Planning Board, Mrs. Smith said that the town needs
updated equipment in order to operate and these maps are the equip-
ment used by many departments. 8:59 P.M.
Sheldon A. Spector voiced the support of a majority of the members
of the Capital Expenditures Committee. Iris G. Wheaton, past
Chairman of the Planning Board, said that the maps were invaluable
and urged support. 9:03 P.M.
i
Michael J. 0'Sullivan said that the Appropriation Committee !
recommended favorable action and did so because of the cost '
effectiveness. 9:05 P.M.
After general discussion, Brian Michael Adley moved the previous
question, which was declared adopted by voice vote. 9:12 P.M.
Main motion, as presented by Judith J. Uhrig, adopted by voice vote. ,
9:12 P.M.
Paul W. Marshall served notice of reconsideration of Article 26. 9:13 P.M.
_--------- ---- —__- --- - ----- __---------
___ __._-- ---__ ----__ ___------___ ______ .____-- --
-�- -
(Adjou�ned Session of the 1986 Annual Town Meeting - April 7, 1986) �3
Article 2. REPORTS OF TOWN OFFICERS, BOARDS, COMMITTEES
Judith J. Uhrig, Chairman of the Planning Board, said that the
Board =i:s. hopeful of certain dates for action on certain articles
but there were problems with her motions. Therefore, Paul W.
Marshall asked for a five minute recess at 9:19 P.M. The meeting
reconvened at 9:25 P.M.
Mrs. Uhrig said that she intends to leave Article 47 on the table
until April 28. She is hopeful of bringing Article 48 to the
April 14th session of this meeting. 9:25 P.M.
6
v Article 27. WESTVIEW CEMETERY DEVELOPMENT
Presented by Jacquelyn : R. Smith.
MOTION: That this article be in:defiriitely postponed.
Adopted by voice vote. 9:27 P.M.
Michael J. 0'Sullivan questions the presence of a quorum and the Moderator
declared that a quorum was present: 9:27 P.M.
Article 28. SCHOOL DEPARTMENT COMPUTER
(William W. Welch, Jr. gave written notice that he would abstain
from voting on this article.)
Presented by Shepard Anthony Clough.
(As MOTION: That the sum of $135,000. be appropriated for the school
adopted) department to purchase a mini-computer and related software for
student use, and that such amount be raised in the tax levy.
;' 9:27 P.M.
- Julian J. Bussgang explained the need and current problems, one
of which is that the response time is slow. Purchase replacement
is for a CPU VAX-11/785 from the Digital Equipment Corporation.
List price: $361,000 approx. Bid price: $333,048.
DEC's contribution: $200,000. To be �paid by the Town of Lexington:
$133,000. Freight, wiring and insurance: $2,000.
Appropriation request: $135,000.
9:47 P.M. ;
C. Edward Good, Co-ordinator of Information Science for the Schools,
explained the computer system in the school department. Mr. Clough
urged support and added that the School Committee unanimously
supported this article. 9:58 P.M.
Paul W. Marshall said that the Board of Selectmen unanimously
opposed this article. They feel that it is a poorly conceived
program and the proponents have not looked at alternatives.
10:03 P.M.
Michael J. 0'Sullivan said that the Appropriation Committee
recommend favorable action on this article. They believe that it is
a cost effective purchase. 10:10 P.M.
� Daniel L. McCabe said that, although not a clear majority, the
, Capital Expenditures Committee supports this article.
� 10:12 P.M.
William T. Spencer, Town Meeting Member and Computer Systems Manager
at the Lexington High School, gives a short explanation. 10:24 P.M.
After further discussion, James M. McLaughlin moved the previous
question which was declared adopted by voice vote. 10:30 P.M.
Main motion, as offered by Mr. Clough, declared adopted by voice vote.
10:30 P.M.
Paul W. Marshall served notice of reconsideration of A�.ticle 28. 10:30 P.M.
� 4 (Adjourned Session of the 1986 Annual Town Meeting - April 7, 1986)
Article 29. PINE MEADOWS GOLF COURSE
Paul W. Marshall moved that Article 29 be placed on the table.
Adopted by voice vote. 10:30 P.M.
I
(See Page 72)
Article 30. UPGRADE TENNIS COURT LIGHTING AT CENTER
' PLAYGROUND
Presented by Leo P. McSweeney. ��� �
�
MOTION: That the sum of $15,000 be appropriated to improve the
lighting on tennis courts ��1 through 4 at the Center Playground as !
determined by the Recreation Committee with the approval of the
Board of Selectmen, and that such amount be raised in the tax levy. ,
10:31 P.M. �
Mr. McSweeney voiced the unanimous support of the Board of
Selectmen. 10:33 P.M. ,
Robert Eby, a member of the Recreation Committee, gives a short '
explanation of the article. 10:36 P.M.
Adopted by voice v.ote. 10:36 P.M. I
Gerald L. Abegg served notice of reconsideration of Article 30. 10:36 P.M.
I
i
Article 31. RECONSTRUCTION OF BOWMAN SCHOOL ;
BALLFIELD '
Presented by Leo P. McSweeney.
�
(As MOTION: That the sum of $10,000 be appropriated to reconstruct I
adopted) the ballfield at Bowman School Playground as determined by the
Recreation Committee with the approval of the Board of Selectmen, I
and that such amount be raised in the tax levy.
10:36 P.M.
I
Mr. McSweeney explained that there would be minor seeding and �
filling in of holes. He added that the Board of Selectmen ;
unanimously supported this article. 10:38 P.M.
I
Judith B. Marshall, a member of the Recreation Committee, with
the aid of slides showing the condition of the field, urged
support of the article. 10:42 P.M.
Sheldon A. Spector said that the Capital Expenditures Committee �
unanimously supported this article. 10:43 P.M. I
In answer to a question raised by Stephen W. Miller, Joyce A.
Miller said that the Conservation Commission would be meeting
with the Recreation Committee relative to filling in wetlands.
10:44 P.M. �
Adopted by voice vote. 10:44 P.M.
Paul W. Marshall moved that this meeting be adjourn�.d to Wednesday, April 9,
1986 at 8 P.M. in Cary Memorial Hall. 10:45 P.M.
Article 2. Judith J. Uhrig reminded the meeting that the Planning Board would
be in Estabrook Hall on Wednesday, April 9 at 7:30 P.M. in case �
anyone has questions on Article 46, 47 and 48. 10:45 P.M.
Mr. Marshall's motion to adjourn to Wednesday, April 9, 1986 at 8 P.M. in
Cary Memorial Hall was adopted by voice vote. 10:45 P.M.
i
A true copy. �' � ,,
Attest:
u, c
Mary R. McDonough, Town Clerk
-- -- .----- ---------- - ---- -- --
_ _—_._. ___._ _ _---- - ----—
_ __---- - ______
15
ADJOURNED SESSION 0� THE 1986 ANNUAL TOWN M��'TYNG
" APRIL 9, 1986
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at '
8:01 P.M. in Cary Memorial Hall.
There were 182 Town Meeting Members present.
The invocation was offered by Rev. Peter H. Meek of the Hancock United
Church of Christ. 8:04 P.M.
The Moderator said that as this is Lexington Student Government Day, he had
� the honor of turning the meeting over to the student Moderator for today, Sarah
Levy, daughter of Town Meeting Member, Ronald Levy.
Miss Levy, read the following Proclamation:
PROCLAMATION
WHEREAS: the future government of our Town, State and Country will be
in the hands of those who are now our students; and
WHEREAS: � it is most important that those students are encouraged to
become aware of democratic processes and interested in
participation in those processes; and
WHEREAS: we have the opportunity to make them aware that the future of
our democratic society rests with the understanding and involve-
ment of young people,
NOW, THEREFORE, the Lexington Board of Selectmen hereby proclaims April 9, 1986
as
STUDENT GOVERNMENT DAY
Student Moderator, Sarah Levy asked the students that had participated in
, Student Government Day to step forward to accept certificates in their name.
� The student officials represented the Board of Selectmen, Town Manager, Police
-- Chief, Fire Chief, Assistant Fire Chief, DPW Director, Town Clerk, Fire Dispatcher,
School Superintendent, School Committee, Planning Board and Recreation Director.
The students were given a standing ovation by the meeting. 8:09 P.M.
Nancy Barter, Chairman of the Youth Commission, gave additional awards to
others who had contributed in other ways. 8:10 P.M.
Student Moderator, Sarah Levy turned the meeting back to Town Moderator, �
Lincoln P. Cole, Jr. Mr. Cole praised Miss Levy and she was given a round of
applause. 8:11 P.M.
Article 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
William P. Kennedy, Chairman of the Permanent Building Committee,
explained that the committee had been meeting since July 1985
investigating town buildings, but concentrating on school buildings,
for needed repairs and reconstruction. They expect to finish the
study by the end of April and will have a bus tour for Town Meeting
Members (High School, Clarke, Diamond, Estabrook and perhaps a
second elementary school) on May 4th. The Town Meeting will consider
the building recommendations (Article 35) on May 7th.
�
Paul Newman, a member of the School Committee, said that Article 35
is a model of collaboration of the town's boards and committees.
There is a draft report by the architect and the final report will
be done and made available at schools, Cary Library, Town Hall and
precinct captains on April 28. 8:21 P.M.
�� (Adjour�2d Session of the 1986 Annual Town Meeting - Apri1 9, 1986)
i
I
Article 2. Paul W. Marshall, Chairman of the Board of Selectmen, said that the
(Cont.) plan is to seek a referendum under Proposition 22 that would exempt
certain debt from the restraints of 22 but four Selectmen must agree
and sign to have a referendum.
Mr. Marshall said that he would now give a road map plan for the '
evening: the first article will be Article 32 and then 4�33 and 34; �
Article 35 will be tabled; Articles 36 and 37 - at that point we will i
have gone through the financial articles; seek to take Article 6 off
the table; reconsideration of Article 17; then will move into the
Planning Boar� articles. If the meeting moves well, next week the
plan is to ask for adjournment for two weeks rather than one. �� ',
8:26 P.M. �
�
James E. Barry asked if the meeting would be dissolved or adjourned ��
until after the referendum and Mr. Marshall answered that it would
be dissolved. 8:27 P.M. ,
Article 32. LEXPRESS MINI-BUS TRANSPORTATION SYSTEM
i
Presented by John C. Eddison.
(As MOTION: That the sum of $246,500 be appropriated for a local trans-
adopted) portation system, that such amount be raised in the tax levy, and that
the Selectmen be authorized to apply for, accept and expend funds from !
the M.B.T.A. or any other governmental agency in connection with such �
local transportation system, and to contract with a private transit
company to provide transportation services.
8:30 P.M.
i
Mr. Eddison explained that the Town Manager, Robert M. Hutchinson, Jr.
had recommended level funding for this year and the Transportation
Advisory Committee had come up with three options to reduce costs.
He added that a majority of the Board of Selectmen f'elt that the I
town meeting should have the option to recommend full funding. ;'r�
This could be reconsidered later on in the meeting if needed, due :�
to the school article (��35) . 8:35 P.M.
Sally T. Castleman, Chairman of the Transportation System, gave a
quick over-view of ridership and the budget.
I
CURRENT LEXPRESS RIDERSHIP !
13+ Riders per Vehicle Hour I
175,000 Rides taken per year �
15� Age 65 or over i�
Costs: Cost of buses $353,500 {
Administration 22,000 �
Chair Car 11,000 $386,500
Revenue: Fares/Misc. $ 60,000
MBTA 80,000
Town of Lexington 246,500 $386,500 I
8:43 P.M.
Joy C. Buchfirer, Carol J. Grodzins for the League of Women Voters,
Dorothy Boggia, Chairman of the Council on Aging, James E. Barry, I
Rebecca Haskell, President of the Junior Class, Stan N. Finkelstein, �
Co-Chairman of the Human Services Committee all strongly urged ��
support. Also urging support was Mrs. Megan 0'Neill and Mrs. Marian
Shepp, representing the physically and mentally disabled. Both ladies
spoke from the balcony. 9:02 P.M.
Karsten Sorensen said that he had supported Lexpress in the past,
but, due to financial restraints, he could not support it this year.
He added that the money crunch is coming. 9:07 P.M.
Selectman, William J. Dailley, Jr. voiced his concerns and said that �
he would like to put together a system that would integrate with the
MBTA. 9:15 P.M.
I
-------- ---- -- -- ------ _ - - _ ------__
1 - --
---_ _—_ -- - --._ . _
(Adjnurned 5ession of the 1986 Annual Town Meeting - April 9, 1986) 1 `7
Article 32.
(Cont.)
William S. Widnall moved that Article 32 be amended as follows:
(Amend. The amount of $246,500 be deleted and be replaced by the amount
Lost) $193,250. 9:16 P.M.
Mr. Widnall explained that he wished to reduce the town's subsidy by
50�. He said that he supported Lexpress but felt that the riders
should pay 29� of the cost rather than 16�. This,. of course, would
mean there would probably be fare increases. He suggested that
possibly the Chamber of Commerce could help. 9:20 P.M.
� Fred D. Rosenberg urged defeat of the amendment.�nd Daniel A. Lucas
- urged support. 9:23 P.M.
James M. McLaughlin said that cutting services would be like a kiss of
death. He said that there should be full service or do away with it
altogether. 9:25 P.M.
Mr. Widnall's motion to amend was declared lost by voice vote.
9:25 P.M.
Selectman Leo .P. McSweeney spoke in opposition to the main motion.
He said that he has seen Lexpress go by his house on Shade Street
many times with no more than two riders. He said that he wants;to
amend the motion to $81,000 to be spent for the elderly. 9:30 P.M.
Ephraim Weiss had a point of order. He said that the amendment
should be made before the maker spoke but the Moderator said
that it was perfectly legal to speak on a complicated amendment
before it was presented. 9:30 P.M.
Mr. McSweeney went on to say that there had not been an MBTA subsidy
in 1982 or 1983 and that this could happen again. He did say that
I the MBTA did a good job covering the town with bus routes. His
suggestion for service is a Dial-A-Ride Cab Service for the senior
citizens and the mentally and/or physically handicapped. They could -
call for an appointment and this would only cost the town $81,000.
9:37 P.M.
(Amend. Mr. McSweeney (Leo P.) moved that the sum of $246,500 be deleted,
Lost) and substitute therefor the sum of $81,000.
9:38 P.M.
Albert P. Zabin brought up a point of order, as had Mr. Weiss, !
regarding the maker of an amendment speaking before making his
motion. The Moderator again ruled that it was in order.
9:38 P.M.
Albert P. Zabin contradicted the statements made by Mr. Sorensen,
Mr. Dailey and Mr. McSweeney. 9:43 P.M.
Gerald L. Abegg, William W. Welch, Jr. , Lois J. Barry and Jack
Sarmanian spoke in favor of the main motion and against the anendment
as Ronald Levy who added that it is a good deal for the taxpayer.
9:50 P.M.
Motion to amend, as presented by Mr. McSweeney, declared lost by
voice vote. 9:50 P.M.
;
Michael J. 0'Sullivan said that the Appropriation Committee believes
in a compromise and would support Option ��3 of the Transportation
Advisory Committee (reduce the eight routes to six) . They feel that
this would be cost effective. 9:54 P.M.
(Amend. Mr. 0'Sullivan (Michael J.) moved that the sum of 174,500 dollars
Lost) be substituted for 246,500 to enable operation of Lexpress under
option 3 of the Transportation Advisory Committee. 9:55 P.M.
Robert H. Domnitz felt that this amendment would be a reasonable
compromise but Brian Michael Adley recommended full funding and
opposed the amendment. 9:59 P.M.
� � (A�journed Session of the 1986 Annual Town Meeting - Apri1 9, 1986)
I
Article 32. Mrs. Castlema.n said that her committee were concerned about the
(Cont.) population that would not be served under this option.
10:01 P.M.
Iris G. Wheaton urged support of the main motion and opposition to �
the amendment. 10:02 P.M.
Susan Spagnioli, Jenney DeFelice and Alice Warner, residents, spoke
in favor of the main motion. 10:05 P.M.
Mr. 0'Sullivan's motion to amend declared lost by voice vote.
10:05 P.M. "� i
�
i�
James E. Barry asked that the vote on the main motion be taken by '
a call of the roll and, as over fifty members stood in favor, the
Moderator ruled that the vote would be taken by a call of the roll.
10:07 P.M.
Paul Riffin moved the previous question which was declared adopted
by voice vote. 10:10 P.M. �
The roll call vote on the main motion as presented by John C.
Eddison was taken by the Town Clerk, Mary R. McDonough, starting
at 10:12 P.M. and completed at at 10:24 P.M. The final tally was ��
completed at 10:27 P.M. with the following results:
(Final result announced by the Moderator at 10:28 P.M.)
ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 32
I
PRECINCT ONE YES NO ABSTAINED ABSENT �
Joel A. Adler x I
Nancy M. Adler x �
James E. Barry x '
Lois J. Barry x
David A. Bell x
Francis V. Busa x
James Cataldo x �
,
James A. Cataldo x j
Chang Chih Chao x
Nancy C. Gordon x
Frederick H. Hagedorn x i
Patricia K. Hagedorn x
Ronald Levy x �
John W. Maloney X I
William H. McAlduff, Jr. x �
Barry E. Sampson x
Edward P. Shannon x
James M. Shaw x
James S. Wilson x
Albert P. Zabin x I
Judith L. Zabin x _ _ _ I
I
TOTALS 16 3 0 2 �
I
I
PRECINCT TWO YES NO ABSTAINED ABSENT � {
— — ��
Elizabeth H. Clarke X
Eric T. Clarke x
Karen A. Dooks x
Leonora K. Feeney x
Casimir R. Groblewski x
Marita B. Hartshorn x
Jeff Licht x
Daniel A. Lucas x
Lillian T. MacArthur x �
Barry H. Marshall x
Michael J. 0`Sullivan x
Vicky L. Schwartz x �
Arthur C. Smith x
--- .— __.- -----__--- -- --- --- ---------
- - ----- ____ _------ --_____ __
�-----
{Adjourned Session of the 1986 Annual Town Meeting = April 9, 1986) 1�
Article 32. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 32 (Cont.)
(Cont.)
PRECINCT TWO (Cont.) YES NO ABSTAINED ABSENT
John J. Walsh x
Christina J. Welch x
William W. Welch, Jr. x
William S. Widnall x
Lynda A. Wik x
Alan B. Wilson x
; Carolyn C. Wilson x
Donald D. Wilson x
TOTALS 15 4 0 2
PRECINCT THREE YES NO ABSTAINED ABSENT
Joy C. Buchfirer x
John P. Carroll x
Jacqueline B. Davison x
Suanne C. Dillman x
Jean Gaudet x
Erna S. Greene x
Carol J. Grodzins x
Gloria V. Holland x
Donna M. Hooper x
Marjorie K. Madoff x
Marilyn K. Mairson x
John J. McWeeney x
Mary Edna Neumeier x
James P. Reilly x
Marian C. Reilly x
Paul V. Riffin x
Rob.ert I. Rotberg x
k Francis W. K. Smith x
, _ Richard W. Souza x
Katherine M. Whyte x
Robert C. Whyte x
TOTALS 16 5 0 0
PRECINCT FOUR YES NO ABSTAINED ABSENT
Gerald L. Abegg x
Nyles Nathan Barnert x
Julian J. Bussgang x
Steplien B. Cripps x
Dan H. Fenn, Jr. x
Angela E. Frick x
Frederick C. Frick x
Katherine G. Fricker x
Donald R. Giller x
Martin A. Gilman x
Georgia S. Glick x
Peter C. J. Kelley X
Patricia W. McLaughlin x
Gale H. Nill x
� Richard F. Perry x
� Margaret F. Rawls x
-.--` Sandra J. Shaw x
Karsten Sorensen X
Ruth S. Thomas x
Judith J. Uhrig x
Martin K. White x
TOTALS 17 3 0 1
�� (Adjbu�n�d 52ssion of the 1986 Annual Town Meeting - Apri1 9, 1986)
Article 32. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 32 (Cont.)
(Cont.)
PRECINCT FIVE YES NO ABSTAINED ABSENT
Florence �. Baturin x
Cynthia L. Blumsack x
Howard Cravis x
Wallace Cupp x
Marshall J. Derby x
Guy W. Doran x
Jonathan P. Doran x � ;
Elaine Dratch x '
William M. Fraser x
Paul E. Hamburger x
John Hayward x �
Leona W. Martin x
Eric Jay Michelson x
Stephen W. Miller x �
Paul Newman x
Diran M. Semonian x
Sam Silverman x i
Patricia A. Swanson x
Julie F. Triessl x
Ephraim Weiss x
David G. Williams x
— — — — i
TOTALS 14 4 0 3
PRECINCT SIX YES NO ABSTAINED ABSENT �'
Margaret N. Brooke x �
Levi G. Burnell x
Shepard Anthony Clough x
Robert H. Domnitz x �
Thomas E. Fortmann x
Michael W. Golay x �
Edmund C. Grant x �
Elizabeth C. Haines x
Florence Koplow x
Alan J. Lazarus x
Judith B. Marshall x �
Joyce A. Miller x �
Ruth Joyce Nablo x ;
Sam V. Nablo x
Setha G. Olson x I
Edith. Sandy x i
Frank Sandy x
Susan S. Solomon x �
William T. Spencer x �
Lisabeth M. White x
John S. Willson x
TOTALS 18 1 0 2
�
PRECINCT SEVEN YES NO ABSTAINED ABSENT �
— — i
�
Esther S. Arlan x
Elizabeth M. Barabush x �--.`
George A. Burnell x ' �
John R. Campbell x ��
Sally T. Castleman x
Renee T. Cochin x
Stan N. Finkelstein x •
Winifred L. L. Friedman x
Lloyd Gilson x
Clarice B. Gordon x
Marvin H. Greenberg x
'`*Marthur H. Kalil x �
Walter N. Leutz x
William J. Scouler x
John E. Taylor x
Jacquelyn H. Ward X {
**(A vote was cast although the records show (and verified by phone with
Mrs. Kalil) that Ma.rthur H. Kalil was not in attendance at this meeting)
_---- ------ -------------_.__ ____._.___---
--_----- --- -_- — -- --- _-------- ----- _.
�---
(A�jaurned Session of the 1986 Annual Totm Meeting - Apri1 9, 1986) ��
Article 32. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 32 (Cont.)
�(Cont.)
PRECINCT SEVEN (Cont. ) YES NO ABSTAINED ABSENT
John E. Ward x
Iris G. Wheaton x
Robert V. Whitman x
Richard B. Wolk x
Martha C. Wood x
. TOTALS 17 3 0 1
f
PRECINCT EIGHT YES NO ABSTAINED ABSENT
Donald L. Bailey x
Margery M. Battin x
Richard H. Battin x
Roger F. Borghesani x
Florence E. Connor x
William P. Fitzgerald x
Ione D. Garing x
Benjamin H. Golini x
Sharon MacDonald x
Anthony L. Mancini x
A. Patricia McCabe x
James M. McLaughlin x
Richard A. M�chelson x
Gordon R. Osgood x
Susan G. Plumb x
Jack Sarmanian x
Sheldon A. Spector x
Carolyn H. Tiffany x
Stanley E. Toye x
Christopher B. Williams x
� — — — —
i TOTALS 17 2 0 1
� :
(Precinct Eight is one member short due to a resignation and
the replacement member has not accepted as of this date.)
PRECINCT NINE YES NO ABSTAINED ABSENT
Alice J. Adler x I
Brian Michael Adley x
Kenneth 0. Alves x
Diane C. Aronson x
Gordon E. Barnes, Jr. x
Jacqueline P. Bateson x
Jane P. Buckley x
L. Gail Colwell x
Ronald W. Colwell x
Margaret E. Coppe x
Daniel Friedlander x
Neil Gray x
Deborah B. Green x
Louise V. T. Kava x
William P. Kennedy x
Eleanor H. Klauminzer x
� Paul E. Mazerall x
j Janet Perry X
- � Richard M. Perry X
Fred D. Rosenberg x
� James J. Scanlon x
TOTALS 15 2 0 4
�� (Adjourned Session of the 1986 Annual Town Meeting - April 9, 1986)
Article 32. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 32 (Cont.) i
_.___.._. _ ___---- .__-=_
(Cont.) �
TOWN MEETING MEMBERS AT LARGE YES NO ABSTAINED ABSENT
Norman P. Cohen x
Lincoln P. Cole, Jr. x
William J. Dailey, Jr. x
Stephen W. Doran x
John C. Eddison x
Paul W. Marshall x �
Mary R. McDonough x , � i
Leo P. McSweeney x '
Jacquelyn R. Smith x _ _ _ __ --� �
I
TOTALS 6 : 2 1 0
TOTAL TALLY OF ROLL CALL VOTE �
PRECINCT YES NO ABSTAINED ABSENT TOTAL
1 16 3 0 2 21 '
2 15 4 0 2 21
3 16 5 0 0 21
4 17 3 0 1 21
5 14 4 0 3 21 I
6 18 1 0 2 21
7 17 3 0 1 21
**8 17 2 0 1 20 ;
9 15 2 0 4 21
At Large 6 2 1 0 9
TOTALS 151 29 1 16 197 {
�
*�Precinct Eight is one member short due to a resignation and j
the replacement member has not accepted as of this date. � �
Main motion as presented by John C. Eddison declared adopted
��
at 10:28 P.M. (See adopted motion on Page 16 )
. ;
'i
�
Article 33. HAZARDOUS WASTE COLLECTION
I,
Presented by Jacquelyn R. Smith.
MOTION: That the sum of $15,000 be appropriated for a contract �
with a licensed hazardous wastes transport, storage and disposal
company to collect and dispose of residential hazardous wastes; �,
that such amount be raised in the tax levy; and that the Select- �
men be authorized to select the contractor and to set user fees !
and take all other steps necessary to carry out this project. i
Adopted unanimously. 10:32 P.M.
Article 34. MASSACHUSETTS WATER RESOURCES AUTHORITY �
Presented by Paul W. Marshall. �
(As MOTION: That the sum of $1,537,016 be appropriated for the — �
adopted) cost of the delivery of water and for sewage collection, disposal
and treatment services provided by the Massachusetts Water Re- �
sources Authority, and that such amount be raised in the tax levy. �
10:33 P.M.
Paul W. Marshall said that there has been a 40� increase in the
costs but the Town Manager, Robert M. Hutchinson, Jr. said that
the level of increase for next year should not be as great.
10:40 P.M. ,
Janet Perry served notice of reconsideration of Article 32. 10:41 P.M.
i
Article 34. Main motion as presented by Mr. Marshall under Article 34
(Cont.) declared adopted by voice vote. 10:41 P.M.
-.---- -_ _ -- ---------__----- --_ ---
___---- _ -__- --_ __ ___ _ _
_-_ _
(Adjourned 5ession of the 1986 Annual Town Meeting - April 9, 1986) `�3
Jacquelyn H. Ward brought up the fact that the blackboard on the stage
is not being used anymore. In the past the Appropriation Committee would
have an updated tax rate on the board as the financial articles affecting
such rate were acted upon. She stressed the importance of such information.
10:42 P.M.
Paul W. Marshall advised the meeting that there would be a revised budget
spread sheet available on Monday, April 14, 1986. 10:43 P.M.
Paul W. Marshall moved that Article 6 be taken off the table. This motion
; was adopted at 10:43 P.M.
- (See Page 2)
Article 6. SUPPLEMENTARY APPROPRIATIONS FOR CURRENT
FISCAL YEAR (FY86)
Presented by John C. Eddison.
(As MOTION: That the sum of $30,000 be approgriated to. lirie :item
adopted) 5250 of the Fiscal Year 1986 budget to replace gasoline tanks
at the Town Barn and to raise such amount, $30,000 be transferred
from the Reserve Fund-Overlay Surplus.
10:44 P.M.
Mr. Eddison explained that the leaking tank can be replaced at a ;
cost of $20,000 and at the same time the other tank can be replaced
for $10,000. 10:45 P.M.
Michael J. 0'Sullivan said that the Appropriation Committee
recommended favorable action. 10:46 P.M.
Joyce A. Miller said that the Conservation Commission is studying
� underground storage tanks and hope to come to town meeting next
year with a new by-law governing these tanks. 10:47 P.M.
�'� Discussion followed rela.tive to the
use of steel tanks versus
fiberglass. In response to a question raised by Joyce A. Miller,
Town Manager, Robert M. Hutchinson, Jr. said that the tanks are
not encased in concrete and added that the town must comply with
all state and federal regulations. 10:52 P.M.
Main motion adopted unanimously. 10:53 P.M.
� I
Michael J. 0'Sullivan moved reconsideration of Article 17. 10:54 P.M.
(See Pages 6 and 7)
William J. Dailey, Jr. explained that if reconsidered, a substitute motion
would be presented in order to add a sentence regarding federal and state aid.
10:55 P.M.
Motion to reconsider Article 17 declared adopted by voice vote. 10:57 P.M.
Article 17. INFILTRATION/INFLOUI
(See Substitute motion presented by William J. Dailey, Jr.
= Page 6)
MOTION: That the sum of $100,000 be appropriated to remove in-
(As filtration and inflow of storm water from the sewer system, and
adopted) that such amount be raised in the tax levy; and, in addition, that
the Selectmen be authorized to apply for, accept, expend and
borrow in anticipation of federal and state aid for the project.
� 10:58 P.M.
Sam Silverman moved to table Article 17 but this motion was declared
lost by voice vote. 11:01 P.M.
�,� (Adjourn2d Session of the 1986 Annual Town Meeti�g - April 9, 1986)
Article 17. Frederick H. Hagedorn moved the previous question which was declared
(Cont.) adopted by voice vote. 11:02 P.M.
Motion to substitute was declared adopted by voice vote. 11:02 P.M.
Substitute motion, which is now the main motion, was declared
adopted by voice vote. 11:03 P.M.
Paul W. Marshall moved that this meeting be adjourned to Monday, April 14,
1986 at 8 P.M. in Cary Memorial Hall. 11:03 P.M. _
I
Article 2. REPORTS OF TOWN OFFICERS, BOARDS, �
COMMITTEES �
Judith J. Uhrig, Chairman of the Planning Board, said that the
Board plans to bring Article 48 before the meeting on Monday,
April 14, 1986. 11:03 P.M. �
Mr. Marshall`s motion to adjourn this meeting to Monday, April 14, 1986
at 8 P.M. in Cary Memorial Hall was declared adopted by voice vote.
11:03 P.M.
;
A true copy. ,
Attest:
� i
9
� I
// ���v� . I
-,,-�---� I
Mary R. McDonough, Town Clerk �
i
I
On April 10, 1986 Gerald A. Heggie, 12 Carley Road, accepted a Town Meeting �
Member position in Precinct Eight for a term expiring in March 1987. Mr. Heggie �
will replace Suzanne 5. Frank, 187 Cedar Street who resigned as a Town Meeting
Member in Precinct Eight as of April 7, 1986.
(See Page 10) 1
. �
I
i
I
�
`� I
-—_- -------- - ___-------_ _ ____---- --- _
�--------
— -- - - -- -------------------
25
ADJOURNEb SESSION 0�' THE 1986 ANNUAL TOWN MEETI�TG
APRIL 14, 1986
-- The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8 P.M. in Cary Memorial Hall and immediately recessed, subject to the call of
the chair. The meeting reconvened at 8:02 P.M.
There were 180 Town Meeting Members present.
Invocation was offered by Rev. Stephen M. Healy of St. Brigid's Church.
8:03 P.M.
i
? The Moderator called a formal recess for the following presentation.
. 8:03 P.M.
Senator Richard A. Krause was recognized to present citations to the
National Merit Scholarship Finalists from Lexington. Before making the
presentations, Senator Krause said that Lexington should be proud of their
students as they had the highest number of winners throughout the country
from a public school. He added that no other school in Massachusetts can
match Lexington. After presenting the citations from the State Senate to the
students present, they were given a standing ovation. 8:12 P.M.
Article 2. REPORT OF TOWN OFFICERS, BOARDS, COMMITTEES
Paul W. Marshall, Chairman of the Board of Selectmen, said that
he was happy to see that the Appropriation Committee had the
blackboard back in use and asked that the Town Manager, Robert M.
Hutchinson, Jr. be recognized to explain the new budget spread
sheet. At the conclusion of Mr. Hutchinson's explanation, Michael
J. 0`Sullivan, Chairman of the Appropriation Committee, explained
the figures on the blackboard. 8:20 P.M.
f'—'7 Article 35. BUILDING MAINTENANCE
�
fy! Paul W. Marshall moved that Article 35 be tabled.
Adopted by voice vote. 8:21 P.M.
(See Pages 63-71.)
Article 36. RESCIND UNUSED BORROWING AUTHORIZATION
Presented by William J. Dailey, Jr.
MOTION: That the unused borrowing authorization voted under Article
40 of the warrant for the 1975 Annual Town Meeting is hereby
rescinded.
Adopted unanimously. 8:23 P.M.
� Article 37. JET FUEL STATUTE
Presented by William J. Dailey, Jr.
MOTION: That the Town accept Chapter 64J of the General Laws. ,
�� 8:23 P.M.
�
_� (Chapter 64J - TAXATION OF FUELS USED IN THE PROPULSION OF AIRCRAFT)
Jacquelyn R. Smith gave written notice that she would abstain from
voting on Article 37.
Adopted unanimously. 8:25 P.M.
�� (Adjou��:�d Session of the 1986 Annual Town Meeting - Apri1 14, 1986)
�
Article 38. POW EXCISE TAX EXEMPTION �
i
Presented by Paul W. Marshall. �
i
(As MOTION: That the town accept the sentence of Section 1 of Chapter �
adopted) 60A of the General Laws relating to excise tax exemptions for motor
vehicles owned and registered by a former prisoner of war.
8:28 P.M. �
�
(Chapter 60A - EXCISE TAX ON REGISTERED MOTOR VEHICLES IN LIEU OF
LOCAL TAX)
A local resident, Franklyn J. Crosby, was recognized and he spoke
�� �
in favor. Mr. Crosby was the proponent of this article. �� �
8:28 P.M. ,
Mr. Marshall voiced the endorsement of the Board of Selectmen.
8:28 P.M.
In answer to a question raised by Ephraim Weiss, Mr. Marshall said
that this would exempt former POW's from paying excise tax.
Robert I. Rotberg asked about how many people this would involve
and Mr. Marshall said that the present time there are two.
Joel A. Adler asked that if the POW owned a fleet of cabs, would
this cover him and Mr. Marshall said that he did not know. • '
8:30 P.M.
�
Motion adopted by voice vote. 8:30 A.M.
Article 39. BY-LAW - DEMOLITION DELAY
(See Pgs. Presented by Martin A. Gilman. '
1
26A & 26B i
'As MOTION: That the General By-Laws of the Town of Lexington be amended j
adopted) by adding a new Article XXXIII thereto entitled "PROCEDURE FOR THE i
DEMOLITION OF HISTORICALLY OR ARCHITECTURALLY SIGNIFICANT BUILDINGS �`
OUTSIDE OF HISTORIC DISTRICTS" as filed with the Town Clerk with the
addition of a new Section 4.3 as follows: I� �
i
"4.3 Upon a determination by the Commission that a building is a I
preferably-preserved significant building, the owner shall be I
responsible for properly securing the building if �acant, to the
satisfaction of the Building Commissioner. Should the owner fail
so to secure the building, the loss of such building through fire
or other cause shall be considered voluntary demolition for the '
purposes of Section 4.2." I
8:30 P.M.
Jeff Licht filed written notice that he would abstain from voting ��
on Article 39. i
�'
i
After a brief explanation by Mr. Gilman, he asked that Anne Grady, �
Chairman of the Historical Commission be reco�nized. Mrs. Grady
explained that Lexington had four historic districts. If we had
this by-law before, it would probably have saved the Cutler farm I
house, and, if this is adopted, it could pr�bably save the Cosgrove i
house. She urged support. 8:36 P.M. �
At Mr. Gilman's request, Bernice H. Fallick, a member of the
Historical Commission, was recognized. Mrs. Fallick explained that r--� I
they were not against development or against tearing down sheds :� �i
but they do want to preserve Lexington's past. 8:40 P.M. �,
Ephraim Weiss served notice of reconsideration of Article 38. 8:40 P.M.
(See Page 72)
Article 39. Motion, as presented by Martin A. Gilman, adopted by voice vote.
(Cont.) 8:43 P.M.
------ ----- -- ------ __ ----_--- - --� -------- ---- ------ --- _ . _ ___ -----_ . __—_ -___ _----—_,_ _
,..Y'
(Adjourn.ed Session of the 1986 Annual Town Meeting - Apri1 14, 19$6)
26A
Article 39. (Article 39 as filed with the Town Clerk, as amended, and as
(Cont.) adopted:
MOTION: That the General By-Laws of the Town of Lexington be
amended by adding a new Article XXXIII thereto entitled
(As PROCEDURE FOR THE DEMOLITION OF HISTORICALLY OR
��
adopted) �CHITECTURALLY SIGNIFICANT BUILDINGS OUTSIDE OF HISTORIC
DISTRICTS as follows:
(Approved Section l. Intent and Purpose
by Atty.
Gen. , This by-law is enacted for the purpose of preserving and protecting
_ � August 19,
� 1986) significant buildings within the Town which are outside Historic
_ Districts and to encourage owners of such buildings to seek out
persons who might be willing to purchase, preserve, rehabilitate or
restore such buildings rather than demolish them. To achieve these
purposes the Lexington Historical Commission (the "Commission") is
empowered to advise the Building Commissioner with respect to the
issuance of permits for demolition of significant buildings. The
issuance of demolition permits for significant buildings is regulated
as provided in this by-law.
Section 2. Definitions
2.1 "Building" - any combination of materials forming a shelter
for persons, animals or property.
2.2 "Demolition" - any act of pulling down, destroying, removing
or razing a building or any portion thereof, or commencing the work
of total or substantial destruction with the intent of completing
the same.
2.3 "Significant building" - any building or portion thereof
not within an Historic District but which
, (a) is listed on, or is within an area listed on, the
� National Register of Historic Places, or is the subject of
� a pending application for listing on said National Register;
-' o r
(b) is included in the Cultural Resources Inventory prepared
by the Commission including those buildings listed for
which complete surveys may be pending; or
(c) has been determined by vote of the Commissic�n:to;.�be
historically or architecturally significant in terms of
period, style, method of building construction, or association
with a famous architect or builder provided that the owner
of such a building and the Building Commissioner have been
notified, in hand or by certified nail, within ten (10)
days of such vote.
2.4 "Commission" - the Lexington Historical Commission.
Section 3. Procedure
3.1 Upon receipt of an application for a demolition permit for
a significant building the Building Commissioner shall forward a
_ copy thereof to the Commission. No demolition permit shall be
issued at that time.
� 3.2 The Commission shall fix a reasonable time for the hearing
�J on any application and shall give public notice thereof by publishing
notice of the time, place, and purpose of the hearing in a local
newspaper at least fourteen days before said hearing and also, within
seven days of said hearing, mail a copy of said notice to the
applicant, to the owners of all property deemed by the Commission to
be affected thereby as they appear on the most recent local tax
list, to the Lexington Historic Districts Commission and to such
other persons as the Commission shall deem entitled to notice.
3.3 If, after such hearing, the Commission determines that the
demolition of the significant building would not be detrimental to
the historical or architectural heritage or resources of the Town,
Adjourned Session of the 1986 Annual Town Meeting - April 14, 1986)
26B
Article 39. (Article 39 as filed with the Town Clerk, as amended, and as adopted (Cont.)
(Cont.)
the Commission shall so notify the Building Commissioner within, �en
(10) days of such determination. Upon receipt of such notification,
(As or after the expiration of fifteen (15) days from the date of the
adopted) conduct of the hearing if he has not received notification from the
Commission, the Building Commissioner may, subject to the requirements
of the State Building Code and any other applicable laws, by-laws,
rules and regulations, issue the demolition permit.
3.4 If the Commission determines that the demolition of the �
significant building would be detrimental to the historical or i
architectural heritage or resources of the Town, such building shall �
be considered a preferably-preserved significant building.
3.5 Upon a determination by the Commission that the significant
building which is the subject of the application for a demolition
permit is a preferably-preserved significant building, the
Commission shall so advise the applicant and the Building
Commissioner, and no demolition permit may be issued until at
least six months after the date of such determination by the
Commission.
3.6 Notwithstanding the preceding sentence, the Building
Commissioner may issue a demolition permit for a preferably-
. preserved significant building at any time after receipt of
written advice from the Commission to the effect that either
(i) the Commission is satisfied that there is no reasonable
likelihood that either the owner or some other person or group
is willing to purchase, preserve, rehabilitate or restore such
building, or
(ii) The Commission is satisfied that for at least six months
the owner has made continuing, bona fide and reasonable efforts �
to locate a purchaser to preserve, rehabilitate and restore the i
subject building, and that such efforts have been unsuccessful.
Section 4. Enforcement and Remedies
4.1 The Commission and the Building Commissioner are each author-
ized to institute any and all proceedings in law or equity as they
deem necessary and appropriate to obtain compliance with the require-
ments of this by-law, or to prevent a violation thereof.
4.2 No building permit shall be issued with respect to any
< premises upon which a significant building has been voluntarily
demolished in violation of this by-law for a period of two years
after the date of the completion of such demolition. As used herein
"premises" includes the parcel of land upon which the demolished
significant building was located.
4.3 Upon a determination by the Commission that a building is a
preferably-preserved significant building, the owner shall be
responsible for properly securing the building if vacant, to the
satisfaction of the Building Commissioner. Should the owner fail
so to secure the building, the loss of such building through fire
or other cause shall be considered voluntary demolition for the
purposes of Section 4.2. '
Section 5. Severability
If any section, paragraph or part of this by-law be for any
reason declared invalid or unconstitutional by any court, every other
section, paragraph and part shall continue in full force and
effect.
Adopted by voice vote. 8:43 P.M.)
--� —_--- -
------- - --_
--'
(Adjour�2d Session o� the 1986 Annual To�n. Meeting - April 14, 1986) `Z 7
Article 2. REPORTS OF TOWN OFFICERS, BOARDS, COMMITTEES
Judith J. Uhrig, Chairman of the Planning Board, said that the
Board, this evening, had received a request from the proponents of
Article 49 that this article be indefinitely postponed. A motion
to indefinitely postpone Article 49 will be offered when the meeting
reaches that point. 8:44 P.M.
Judith J. Uhrig moved that Article 48 be taken out of order and that it be
�
taken up at this time. (See below)
� Adopted by voice vote. 8:45 P.M.
l
Article 40. See Pages 28 -33.
Article 41. See Page"s 33 -36.
Article 42. See Pages 37 -41. -
Article 43. See Pages 41 & 42.
Article 44. See Pages 44 - 46.
Article 45. See Pages 47 - 50.
Article 46. See Pages 51 - 52.
Article 47. See Pages 1 & 53-61.
Article 48. AMEND ZONING BY-LAW, LOWELL STREET, RO to CD
Stephen B. Cripps moved that the report of the Planning Board on
Article 48 be accepted and placed on file.
Adopted by voice vote. 8:47 P.M.
Presented by Stephen B. Cripps.
� (Not MOTION: That the Zoning By-Law of the Town be amended by changin
g
adopted) the zoning district designation of the land on the north-easterly
= side of Lowell Street abutting the Burlington/Lexington town line
and the Middlesex Mall containing 4.59 acres of land more or less
as more fully described in Article 48, from RO--ONE FAMILY DWELLING
DISTRICT to CD--PLANNED COMMERCIAL DISTRICT, all in accordance with
a preliminary site development and use plan dated March 31, 1986,
and filed with the Town Clerk and the Planning Board.
8:47 P.M.
Elizabeth Frank of Northland Realty Corporation was recognized �
and she gave an overview of the proposal. Mrs. Frank said that •
$50,000 would be given to the town for a traffic survey in the area
and she urged support of Article 48. 8:55 P.M.
Urging defeat, James E. Barry, William M. Fraser and Ephraim Weiss
all spoke of the traffic problems in the area at the present time.
Mr. Weiss showed topographic maps made in 1958 and 1971 in order that
the members could see the way the land used to be. 9:05 P.M.
Mr. Cripps said that the Planning Board recommended favorable
action on this article. He said that it would be difficult to
develop this land as residential for single family homes. He also
said that both exits from this shopping area, which would be for
j�--- retail stores, were on Burlington streets. 9:07 P.M.
� �' Many questions were raised and, after various speakers, Paul W.
- Marshall said that the Board of Selectmen endorsed the report of
the Planning Board and urged approval. He said that this would be a
tax paying development with an extra $50,000 per year for the town.
9:25 P.M.
Questions were raised regarding the volume of material to be removed,
where the digging would take place, the amount of tax per foot etc.
9:40 P.M.
James Cataldo moved the previous question which was declared adopted
by voice vote. 9:40 P.M.
�� (Adjourried Session of the 1986 Annual Town Meeting - April 14, 1986)
�
�
Article 48. Mr. Cripps yielded his time to Elizabeth Frank who said that although
(Cont.) the requirement is that they build eighty-eight spaces, they would
build more spaces than that. 9:42 P.M. �
�
David Bohn, Traffic Expert, with Northland Realty Corporation, said �
that the additional traffic would be very small, less than a 2�
increase. He said that the traffic would be approximately 30� in
Lexington while the balance of 70� would be in Burlington. �
9:46 P.M. �
As this motion required a two-thirds vote if not unanimous, the
Moderator stated that he would ask for a standing vote as he knew � �
the vote would not be unanimous. Results as follows:
� ,
Precinct In Favor Tellers Opposed �
1 13 Nancy C. Gordon 5
2 12 Arthur C. Smith 4
3 6 Marilyn K. Mairson 14 '
4 9 Gale H. Nill 6
5 1 Julie F. Triessl 19
6 8 Alan J. Lazarus 8
7 8 Jacquelyn H. Ward 6
8 12 Roger F. Borghesani , 5
9 7 Margaret E. Coppe 9 '
At Large 22 John R. Campbell 3
I
�
Totals 98 79
Less than the required two-thirds having voted in favor, the main j
motion offered by Mr. Cripps under Article 48 was not adopted.
9:50 P.M.
�
'�
Martha C. Wood served notice of reconsideration of Article 48. 9:50 P.M.
I
�
I
i
Article 40. ZONING BY-LAW, TECHNICAL CORRECTIONS
Judith J. Uhrig moved that the report of the Planning Board on
Article 40 be accepted and placed on file.
Adopted unanimously. 9:52 P.M. �
�
Judith J. Uhrig presented:
(See MOTION: That the Zoning By-law be amended as set forth in the motion i
Page 29 entitled "Motion for the Town Clerk" which is attached to the �
for Planning Board`s report on this proposed amendment. ;
motion 9:48 P.M.
as
adopted) Mrs. Uhrig read the following: "For the information of the members, I
the motion I have given to the Town Clerk is an official copy for the �
record that has only the actual amendment. It has the same wording j
as in the copies of the motion that you have in your pink reports �
except it does not include the Planning Board explanations that are
interspersed with the amendments and it does not have the underlining,
brackets, and bold face and the existing wording of the By-law which
is for your information. There is one copy of the Town Clerk motion r� !
in each precinct." 9:54 P.M. i�
At Mrs. Uhrig's request, the Moderator said that Parts 1 and 2 would
be divided for voting purposes. 9:56 P.M.
Part 1 Motion declared adopted unanimously. 9:58 P.M.
------ _ _._.-- _----_ ---- -_ __,_ ----- ---------
_ __ __ -- ---_ _ -� ------ _ ___
r
(Adjaurned Session of the 1986 Annual Town Meeting - April 14, 1986)
29
Article 40. Part 2 Voice vote was not unanimous, so a standing vote was
(Cont.) taken as follows:
Precinct In Favor Tellers Opposed
1 15 Nancy C. Gordon 2
2 11 Arthur C. Smith 0
3 15 Marilyn K. Mairson 0
4 15 Gale H. Nill 0
5 16 Julie F. Triessl 0
6 15 Alan J. Lazarus 0
7 11 Jacquelyn H. Ward 0
8 10 Roger F. Borghesani 0
�� 9 15 Margaret E. Coppe 0
- At Large 18 John R. Campbell 1
Totals 141 3
More than the required two-thirds having voted in favor, Part 2 of
Article 40 was declared adopted. 10:06 P.M. _
(Motion as attached to the Planning Board Report and as adopted:
(As MOTION: That the Zoning By-law be amended as follows:
adopted)
PART 1
(Approved
b Att Al) In section l.l, PURPOSE, by revising the wording in the ninth
General• line after the words: . . ."the density of population and intensity of
July 23, use;" . . . by inserting the words: ��the relationship between land
1986) development and traffic congestion; so that the subsection as
amended will read:
"l.l PURPOSE
For the purposes set forth in Section 2A of Chapter 808 of
the Acts of 1975, and all acts in amendment thereof and in addi- -
! tion thereto, and under the authority thereof, the uses of land,
i including wetlands and lands deemed subject to seasonal or
- periodic flooding; the size, height, bulk, location and use of
structures, including building 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; the relationship between land
development and traffic congestion; 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."
A2) In subsection 3.4.4 in the seventh line by inserting the word:
"definitive" before the words: . . ."site plan". . . ; so that the sub-
section as amended will read:
"3.4.4 CONFORMITY WITH SPGA CONDITIONS
In the event that the SPGA approves a special permit under
these provisions, any construction, reconstruction, substantial
exterior alteration, or addition shall be carried on only in
conformity with any conditions, modifications and restrictions
to which the SPGA shall have made its finding and determination
subject, and only in essential conformity with the application
and the definitive site plan on the basis of which the finding
and determination are made."
�
� A3) In subsection 3.6.1 in the subtitle and in the first line by re-
`-`-' vising the wording after the words: . . ."preliminary site development". . .
by deleting the words: . . ."(and use)". . . ; so that the subtitle and
first paragraph of subsection 3.6.1 as amended will read:
"3.6.1 PRELIMINARY SITE DEVELOPMENT PLAN
The objectives of a preliminary site development plan are:
1) for the developer to demonstrate an understanding of the
characteristics of the tract and adjoining land and to present a
proposal consistent with those characteristics, 2) to make a general
determination of the feasibility of the development, and 3) to make
an evaluation of the off-site impacts of the development and the
ability of public services to accomodate it."
(Adjourned�Session of the 19$6 Annual Town Meeting - Apri1 14, 1986)
30
Article 40. (Motion as attached to the Planning Board Report and as adopted (Cont.)
(Cont.)
A4) In the existing subsection 3.6.1: a) by inserting the numbers
"3.6.2" before the existing unnumbered subtitle: . . ."PRELIMINARY SITE
DEVELOPMENT AND USE PLAN". . . ,
b) by inserting the numbers "3.6.3" before the existing unnumbered
subtitle: . . .."FILING OF PRELIMINARY SITE DEVELOPMENT AND USE PLAN". . . ,
and ,
c) by deleting the existing numbers: . . ."3.6.2". . . and inserting in
place thereof "3.6.4" before the subti:tle: . . ."DEFINITIVE SITE
DEVELOPMENT PLAN". . . ; so that the subtitles, .as amended, will read: ,
"3.6.2 PRELIMINARY SITE DEVELOPMENT AND USE PLAN"
"3.6.3 FILING OF PRELIMINARY SITE DEVELOPMENT AND USE PLAN"
(As ��3.6.4 DEFINITIVE SITE DEVELOPMENT PLAN"
adopted) „
A5) In the newly redesignated subsection 3.6.4 DEFINITIVE SITE
DEVELOPMENT PLAN", in sub-paragraph "d", by inserting the words:
"construction details," before the words: . . ."proposed changes in
contours". . . and by inserting the words: ", species of plants"
before the words:' . . ."and sizes,". . . so that the subsection, as
amended will read:
"d. A site construction plan showing construction details,
proposed changes in contours and identifying landscaping by
materials, species of plants and sizes, and specific plans
for any common open space; "
and in the subsection between "e" and "f" under the newly redesignated
subsection "3.6.4 DEFINITIVE SITE DEVELOPMENT PLAN" by revising the
wording after the words: . . ."all in accordance with". . . by deleting
the words: . . ."Section 5, Definitive Plan Requirements; Section 6,
Design Standards; and Section 7, Required Improvements, of". . . ; and
by revising the wording after the words: . . ."the Planning Board`s". . .
by deleting the words: . . ."Rules and". . . and by inserting in place
thereof the word: "Development", so that the subsection between �
"e" and "f" will read:
"all in accordance with the Planning Board`s "Development Regu-
lations" as applicable; and further,"
A6) In subsection 7.4.4 PRE-EXISTING CM DISTRICT LOTS: a) in the
first sentence, by revising the wording after the words: . . ."the Board
of Appeals may". . . by inserting the words: "grant a special"; and
after the word: . . ."permit". . . by inserting the word:' "for";
b) in the second sentence, by revising the wording after the words:
. . ."after the adoption of said minimum requirements shall". . . by
inserting the word: "be"; and
c) in the third sentence, by revising the wording after the words:
. . ."In granting such". . . by deleting the word: . . ."permission". . . and
by inserting in place thereof the word: "permit"; and by deleting the
word: . . ."permit". . . and by inserting in place thereof the word:
"allow"; so that the subsection, as amended will read:
" In CM districts in particular instances the Board of
Appeals may grant a special permit for a principal building to be
erected on a lot having less area or frontage, or both, than the
minimum requirements specified in Table 2, if at the time of the
adoption of said minimum requirements such lot was lawfully laid ,
out and recorded by plan or deed and did not adjoin other land of �
the same owner available for use in connection with such lot, �
provided that the Board determines that such permission can be
granted without substantial derogation from the intent and purpose
of this By-Law. A lot resulting from a taking b;� eminent domain
after the adoption of said minimum requirements shall be deemed
for the purposes of this paragraph to have been lawfully laid out
and recorded by plan or deed at the time of such adoption, if the
larger lot of which it was a part before such taking was so laid
out and recorded. In granting such permit, the Board may allow
front, side or rear yards of less than the minimum yard require-
ments specified in Table 2."
_-- -- -- - - ----------- ----- - ----_ _----_-- -_
�
(Adjaur�.e.d Session of the 1986 Annual Town Meeting - Apri1 14, 19$6)
31
Article 40. (Motion as attached to Planning Board Re ort and as adopted (Cont.)
(Cont.)
A7) In subsection 4.3, by striking out "9.5" and inserting in place
thereof "8.5" and in subsection 4.4, by striking out "9.6" and
inserting in place thereof "8.6";
(As A8) In Section 7 DIMENSIONAL CONTROLS: a) by designating the
adopted) existing unnumbered paragraph under 7.1 COMPLIANCE WITH DIMENSIONAL
CONTROLS as "7.1.1";
b) by designating the paragraph in the subsection "7.3 RESIDENTIAL
USES IN OTHER DISTRICTS" to be "7.1.2" and relocating it to appear
� after the newly designated 7.1.1 and by inserting the words:
� "RESIDENTIAL USES IN OTHER DISTRICTS:" after the newly designated
� 7.1.2 and before the words: . . . "Uses and buildings permitted". . . ;
c) by designating the paragraph in the subsection "7.5 LOTS PARTLY
IN LEXINGTON" to be "7.1.3" and relocating it to appear after the
newly designated 7.1.2 ; and inserting the words: "LOTS PARTLY IN
LEXINGTON:" after the newly designated 7.1.3 and before the words:
. . ."When a lot in one ownership". . . ;
d) by deleting the subtitle: "7.3 RESIDENTIAL USES IN OTHER
DISTRICTS" and by inserting in place thereof the words: "7.3
(Space Reserved)"; and
e) by deleting the subtitle: "7.5 LOTS PARTLY IN LEXINGTON" and
inserting in place thereof the words; "7.5 (Space Reserved)";
so that the affected parts of subsection 7.1 as amended will read:
7.1 COMPLIANCE WITH DIMENSIONAL CONTROLS
"7.1.1" A lot of land complying with . . . . (remainder of wording
unchanged)
"7.1.2 RESIDENTIAL USES IN OTHER DISTRICTS:" Uses and buildings
permitted in the R0, RS or RT districts . . ." (remainder of
wording unchanged)
"7.1.3 LOTS PARTLY IN LEXINGTON:" When a lot in one ownership
' is situated in part in the Town of Lexington and. . ." (remainder
;�,� unchange d)
and subsection 7.3 will read:
"7.3 (Space Reserved)"
and subsection 7.5 will read:
"7.5 (Space Reserved)"
A9) In section 7.7 BROOK AND POND SETBACKS: a) in 7.7.3 by inserting
the word: "North" before the words: . . ."Emerson Road". . . , and
b) in 7.7.9 by deleting the words: . . ."the two unconnected parts of". . .
before the words: . . ."Sherburne Road". . . and inserting the words:
"and Sherburne Road South" before the words: . . ."until it goes
underground". . . ; so that the subsections as amended will read:
"7.7.3 A brook sometimes known as Turning Mill Brook from its
origin N.E. of North Emerson Road near Route 128 to Simonds
Brook."
"7.7.9 The South Branch of the Upper Vine Brook from its source
between Sherburne Road and Sherburne Road South until it goes
underground near Vinebrook Road."
�
--- A10) In subsection 8.4.2 SPECIAL PERMIT PROVISIONS for the RD and
CD district, in sub-paragraph "d" in the sixth line by insez��.ng .�the
word: "ratio" before the words: . . ."approved for the CD district;". . . ;
so Lhe sub-paragraph as amended will read:
"d. the SPGA may, in its discretion, permit minor deviations
from the plan approved by Town Meeting provided they do not
conflict with the intent of the plan and they do not allow the
building floor area to exceed that shown on the approved plan by
more than 10� in the RD district, or to exceed the maximum floor
area ratio approved for the CD district;"
Adjourned Sessian of th� 1986 Annual Town Meeting - April 14, 1986)
32
Article 40. (Motion as attached to the Planning Board Report and as adopted (Cont.)
(Cont.)
All) In section 2, Definitions, FIRE LANE, by deleting the words:
. . ."Head of the Fire Department". . . and by inserting in place thereof
the words: "Fire Chief, or his designee,";
Al2) In section 2, Definitions, FRONTAGE, LOT, by changing the wording
after the words: . . ."to which the owner has a legal right of access". . .
by inserting the words: "and to which the owner could provide for
vehicular access from a principal building, or a required parking
space."; so that the first sentence of the definition as amended '
reads:
i
"FRONTAGE, LOT: The continuous portion of the line separating
a lot from a street to which the owner of the lot has a legal
right of access and to which the owner could provide for
vehicular access from a principal building or a required parking
space."
A13) In section 2, Definitions, HOTEL, MOTOR HOTEL OR MOTEL, by
deleting the existing definition in its entirety and inserting in
place thereof:
"HOTEL, MOTEL: An establishment providing lodging for 15 or
more guests on a short term basis, usually less than one week;
dining rooms, function rooms and other support services may be
(As included. In a hotel, access to the individual sleeping rooms,
adopted) is usually through a lobby and interior corridors; in a motel,
access to the individual sleeping rooms, is usually directly from
parking spaces or by an exterior walkway.";
and in Table 1, Use Regulations Schedule, in line 6.16, by striking
out the words: . . ."motor hotel". . . and inserting in place thereof
the word: "motel";
A14) In section 2, Definitions, by deleting the definition OPEN ��
ARRA, PERCENTAGE in its entirety and by inserting in place thereof ,
a new definition, in the proper alphabetical sequence: ""'
"SITE COVERAGE: The sum of all parts of a lot that are covered
by a principal or accessory building or other structure; such
parts of the lot to be delineated by the intersection of the
ground with the vertical plane of the outermost walls or
projections of a building or structure whether in contact with
the ground or projecting over it.";
and in Table 2, Schedule of Dimensional Controls by deleting the
words "Minimum � Open Area" in the eighth line and inserting in
place thereof "Maximum � Site Coverage" and on the same line by
striking out "85�" and inserting "15�", by striking out "75�" and
inserting "25�", and by striking out "66.7�" and inserting "33.3�"
in place thereof.
PART 2
A15) In section 3.2.2 Variances, by deleting the words: . . ."in cases
where a particular use is sought for which no permit is required,
with respect to a particular parcel of land':'. . . and inserting in
place thereof the words: "with respect to particular land or
structures"; and by inserting the words: "owing to circumstances
relating to the soil conditions, shape or topography of such land �
or structures and" before the words: . . ."owing to conditions". . . �
and by deleting the word: . . ."specially". . . and inserting in place
thereof the word: "especially" before the words: . . ."affecting such
parcel or such building ". . . so that the paragraph, as amended will
read:
------ —
--_ __� ___
_--------- ---- ___ ---
(Adjourned Session of the 1986 Annual Town Meeting - April 14, 1986) ��
Article 40. (Motion as attached to the Planning Board Report and as ado ted (Cont.) '
(Cont.)
"Variances - to authorize upon appeal, or upon petition with
respect to particular land or structures or to an existing building
thereon a variance from the terms of this By-Law where, owing to
circumstances relating to the soil conditions, shape or topo-
graphy of such land or structures and owing to conditions
especially affecting such parcel or such building but not affecting
generally the zoning district in which it is located, a literal
enforcement of the�'provisions of this By-Law would involve sub-
� stantial hardship, financial or otherwise, to the appellant, and
I where desirable relief may be granted without substantial
detriment to the public good and without nullifying or sub-
stantially derogating from the intent or purpose of this by-law,
but not otherwise."
Part 1 Motion declared adopted unanimously. 9:58 P.M.
Part 2 Motion adopted. In Favor: 141 Opposed: 3
10:06 P.M.)
Article 41. ZONING BY-LAW, ADJUSTMENTS RESIDENTIAL
DEVELOPMENT
Martha C. Wood moved that the report of the Planning Board on
Article 41 be accepted and placed on file.
Adopted unanimously. 10:06 P.M.
Presented__by_Martha C._.Wood. `
(See MOTION - That__the Zoning By-law be amended as set forth in the
adopted motion entitled "Motion for the Town Clerk" which is attached to
i motion the Planning Board's- report on this proposed amendment.
I below) 10:07 P.M.
�
Mrs.. Wood,read_the _statement.-relative_to the official motion filed
- w'ith t17.e Town Clerk which_is different, because of explanations, f�r".om
the�motion for the To�an Meeting Members. (See Page 28)
Frederick H. Hagedorn serves notice of reconsideration of Article 40,
Part 2. 10:13 P.M.
�
Article 41. Motion under Article 41 declared adopted unanimously.
(Co�t.) 10:16 P.M.
(Motion as attached to the Planning Board Report and as adopted:
(As MOTION: That the Zoning By-law be amended as follows:
adopted) Al) In section 9..2, in the table, by adding "RT" at the top of the
(Approved column headed "RS"; so that the heading as amended will read:
by Atty. „ ��
(—. General RO RS,RT RD
, __1
I July 23,
I�_ t 1986) A2) . In sub-section 9.2.2 by deleting the words: . . ."Calculation:
- multiply developable site area (see 7.9) by 0.85 and divide the
product by: 30,000 sf 15,500 sf No requirement". . . , and by
inserting in place thereof the words: "For calculation of density,
see 9.2.9"; so that section 9.2.2 reads:
"9.2.2 Maximum Base.Density in Dwelling @ 1.2/acre @ 2.4/acre
No requirement Units, or Equivalent
For calculation of density, see
9.2.9"
3� (Adjourned S�ssian of the 1986 Annual Town Meeting - Apri1 14, 1986)
�
Article 41. (Motion as attached to the Planning Board Report and as adopted (Cont.)
(Cont.)
A3) In sub-section 9.2.9, by deleting the first paragraph in its �
entirety and by inserting in place thereof two paragraphs, as
follows:
"9.2.9 DENSITY: The maximum number of dwelling units on a tract
in a planned residential development shall be the lesser of: 1)
the product of the following formula: multiply the developable
site area (see 7.9) by 0.85 and divide the product by the mini-
mum lot area for the district in which the lot is located � '
(R0=30,000 sf, RS and RT=15,500 sf) , provided any fraction �
thereof shall not be credited toward another dwelling unit, or �
2) the number of lots complying with the minimum lot area, lot ;
(As frontage and lot width requirements for a conventional sub-
adopted) division as shown on the "proof" plan required below." and
"To determine the maximum number of dwelling units permitted in
a planned residential development, an applicant shall submit a
certified calculation of the developable site area (see7.9) and
the calculation described in 1) above; and a "proof plan" of the
tract showing a lot layout and street layout only, complying
with the Planning Board's "Development Regulations"."
A4) In Section 2, Definitions: 1) in the definition "CLUSTER
DEVELOPMENT" by deleting the word: . . ."DEVELOPMENT". . . and inserting ��,
in place thereof the word "SUBDIVISION" and by inserting the words:
"on lots" before the words: . . ."in one or more groups". . . so that the
definition, as amended will read: i
i
"CLUSTER SUBDIVISION: A planned residential development in which
buildings are �9:izstructed on lots in one or more groups separated �
from adjacent property and other groups of buildings by inter- !
vening open land. The density, dimensional standards or types ;
of buildings permitted may vary from those otherwise permitted �
or required." �
i ,
and 2) by inserting in the proper alphabetical sequence a new
definition, as follows: �
�
"SPECIAL RESIDENTIAL DEVELOPMENT: A planned residential I,
development, which may be on one or more lots, in which
considerable design flexibility is allowed if a development
meets design criteria as set forth in Section 9. The dimensional
standards, types of buildings permitted and density may vary from �
those otherwise permitted or required."
A5) In the NOTE following sub-section 9.2.8 by deleting the existing
wording and by inserting in place thereof: I
I
"NOTE: In an R0, RS or RT district, a planned residential �
development may be: 1) a conventional (conv) subdivision,
2) a cluster (clus) subdivision, with the tract divided into
separate lots for dwellings and common open space, or 3) a
special (spec) residential development in which the tract may be ;
in one ownership or may be divided into separate lots for dwellings �'i
and common open space.";
�,
and in Section 9.2 by inserting a new line under the headings of the
columns in the table as follows: �---
� �
under the columns headed "RO" and "RS,RT" the symbols: "(conv) I
(clus/spec)"
I
A6) In Table l, Use Regulations Schedule, in line l.6 by deleting
all the words after . . ."rooming units)". . . and the symbols under
the columns headed RO-RS, RT and RD and inserting in place thereof:
_---------------- --- ------
_-- -- ---- ----_ __- --_ -- -----
�
(Adjourned Session of the 1986 Annual Tot,m Meeting - Apri1 14, 198b) �5
Article 41. (Motion as attached to the Planning Board Report and as adopted (Cont.)
(Cont.)
". Al1 planned residential developments, which have
three or more dwelling units, or their equivalent,
require a special permit with site plan review (SPS) .
The types of dwellings and residential facilities
listed below are permitted in the several districts
as indicated. (See Section 9, and subsection 9.2 in
particular for more detailed information.)
(As RO
� adopted) RS RT RD
a. One-family detached Yes Yes Yes*
b. One-family attached, two-family SP Yes Yes*
c. Townhouse SP SP Yes*
d. Three-family, four-family, multi-family No No Yes*
e. Rooming house, group quarters, **Yes where
accessory to a religious or educational use No**No**Yes*
f. Group care facility, congregate living
facility, long term care facility No No Yes*
g. Conversion of municipal building to
* residential use subject to a preliminary Yes Yes Yes*
site development and use plan (see
subsection 8.3.3)"
and by inserting the symbol "No" under all other districts in Table l;
and by deleting line 9.2.3, including the table in its entirety and
inserting in place thereof:
RO RS, RT RD
(Conv) (Clus) (Conv) (Clus)
(Spec) (Spec)
"9.2.3 -.Types of Buildings Permitted
a. One-Family Detached Yes Yes Yes Yes Yes
b. One-family Attached; *Yes
in RT No SP No* SP� Yes
� c. Two-family *Yes in RT No SP No* SP* Yes
- d. Townhouse No SP No SP Yes
e. Three-, Four-Family No No No No Yes
f. Multi-Family No No No No Yes
g. Rooming House No No No No Yes
h. Group Quarters **Yes where No** No** No** No** Yes
accessory to a religious
or educational use
i. Group Care Facility No No No No Yes
j . Congregate Living Facility No No No No Yes
k. Long-Term Care Facility No No No No Yes
- l. �onvers.ion of Municipal Yes Yes Yes Yes Yes
Building (See 9.5)"
A7) By deleting the second paragraph of sub-section 9.2.11 in its
entirety, and by inserting in place thereof:
"In an R0, RS or RT district, where the following conditions are
met: a) the development is a cluster subdivision, or a special
residential development, b) the maximum number of dwelling units
does not exceed the maximum density allowed by 9.2.9, and c) the
SPGA makes a determination that the proposed development has a
design that more than complies with the design standards and
criteria set forth in 9.4.8; the SPGA, as part of the grant of a
special permit with site plan review, may also grant a special
! permit to: 1) permit types of buildings identified in 9.2.3 as
allowed by special permit, 2) modify the standards in Table 2 for
minimum lot area, minimum lot frontage, minimum front yard, minimum
side yard, minimum rear yard, maximum percentage of site coverage,
and maximum height in stories, the provisions of 7.1.1 relative to
the number of dwellings on a lot, the minimum lot width in sub-
section 7.2.2, all as they may apply to individual dwellings within
a cluster subdivision or a special residential development, and the
common open space requirements in 9.3.6 for a special residential
development only, to such standards as may, in the opinion of the
SPGA, be consistent with the design standards and criteria set
forth in 9.4.8."
3b -
(Adjourne� Session of the 1986 Annual Town Meeting - April 14, 1986)
I
Article 41. (Motion as attached to the Planning Board Report and as adopted (Cont.)
(Cont.)
A8) In sub-section 9.4.2 by deleting the first sentence in its �
entirety, and by inserting in place thereof a new first sentence,
as follows:
"The Planning Board shall be the special permit granting authority j
for all planned residential developments except for a development
in an RD district and for the conversion of a municipal building."
and by inserting a new second sentence before the existing second �
sentence•
"(See subsection 8.3.4 for a development in an RD district, where
the Board of Appeals is the SPGA; see subsection 9.5.6 for con-
version of a municipal building, where the Board of Selectmen is
(As the SPGA) ."
adopted) so that the paragraph as amended will read:
"The Planning Board shall be the special permit granting auth-
ority for all planned residential developments except for a
development in an RD district and for the conversion of a muni-
cipal building. (See subsection 8.3.4 for a development in an
RD district, where the Board of Appeals is the SPGA; see sub-
• section 9.5.6 for conversion of a municipal building, where the I
Board of Selectmen is the SPGA) . In acting upon applications
for special permits, the SPGA shall be governed by the
provisions of Section 3.4." J
I
A9) . In Table 2, Schedule of Dimensional Controls,
a.) in the line, "Minimum Front Yard" under the column headed
RM&RD(a) by deleting: . . ."40 ft.". . . and inserting in place thereof
"50 ft."
b.) by adding the letter "(k)" after "Minimum Front Yard(b) (j)", �
"Minimum Side Yard", and "Minimum Rear Yard", and by adding at the
end of Table 2 the following footnote: � I
"k. A structure in a planned residential development must comply II
with sub-section 9.2.5, Minimum Yard Setback on Perimeter of �
Tract." �
A10) In subsection 3.6.1 PRELIMINARY SITE DEVELOPMENT PLAN by adding
a new subparagraph b, as follows: �
"b. A locus-context map of all land within 500 feet of any part �
of the tract and showing: all dwellings and principal buildings, �
the land use of each lot, lot and right-of-way lines, existing
contours at two-foot intervals, principal natural features (see
a. above) in general, zoning district boundaries, recorded ease- I
ments abutting the tract, and public facilities, such as conserva-
tion or recreation land, footpaths, bicycle paths, or streets. ��
The SPGA may require the submittal of cross-sections showing �
elevations on the lot to be developed and those on adjacent
properties. Information taken from the Town's photogrammetric
or property maps is acceptable where applicable." ;
and by redesignating subparagraphs b through f, and all cross !
�
references thereto to be subparagraphs c through g respectively.
Main motion adopted unanimously. 10:16 P.M.) �,
------- -------
------------- --____--------------- __
_ _ --__-----�
(Adjourned Session of the 1986 Annual Town Meeting - A ri1 14, i986) ��
�rticle 42. ZONING BY-LAW, ADJUSTMENTS OFF-STREET PARKING
Karsten Sorensen moved that the report of the Planning Board on
Article 42 be accepted and placed on file.
Adopted unanimously. 10:17 P.M.
Presented by Karsten Sorensen.
� (See MOTION: That the Zoning By-law be amended as set forth in the
bottom motion entitled "Motion for the Town Clerk" which is attached to
_- of page the Planning Board's report on this proposed amendment.
for 10:17 P.M.
adopted
motion) Mr. Sorensen read the statement relative to the official motion
filed with the Town Clerk which is different, because of explana-
tions, from the motion for the Town Meeting Members. (See Page 28)
10:18 P.M.
Mr. Sorensen gave an explanation of his motion. 10:23 P.M.
Richard A. Michelson moved that Article 42 be indefinitely postponed.
(Indef. 10:24 P.M.
Post-
pone Mr. Michelson explained because of possible litigation regarding an
Lost) addition to the Mews Building on Muzzey Street, there ahould not be
any changes made until next year or the year after so as not to
complicate the issue. 9:25 P.M.
Mr. Sorensen answered that the Mews Building in no way affects this
article and added that the Planning Board wishes to go ahead with
this article. . 10:26 P.M.
Ephraim Weiss asked if there would be any impact on a potential
suit if the town meeting passed this by-law. Town Counsel, Norman
P. Cohen answered that he had not seen any suit but could not see
any impact. 10:27 P.M.
Mr. Michelson's motion to indefinitely postpone Article 42 was
declared lost by voice vote. 10:27 P.M.
!
Voice vote on the main motion was not unanimous, so a standing vote
was taken as follows:
Precinct In Favor Tellers Abstain Opposed
1 13 Nancy C. Gordon 0
2 15 Arthur C. Smith 0
3 14 Marilyn K. Mairson 1 0
4 15 Gale H. Nill 0
5 15 Julie F. Triessl 2
6 16 Alan J. Lazarus 0
7 13 Jacquelyn H. Ward 0
8 11 Roger F. Borghesani 0
9 15 Margaret E. Coppe 0
At Large 22 John R. Campbell 2
Totals 149 1 4
More than the required two-thirds having voted in favor, the main
motion offered by Mr. Sorensen under Article 42 is adopted.
10:30 P.M.
(Motion as attached to the Planning Board Report and as adopted:
(As MOTION: That the Zoning By-Law be amended as follows:
adopted)
�� (A�jour�ed Session of the 1986 Annual Town Meeting - April 14, 1986)
i
I
Article 42. (Motion as attached to the Planning Board Report and as adopted (Cont.)
(Cont.)
I
roved Al) In Section 11.1, by adding under the section heading, OFF-STREET
byPAtty. PARKING AND LOADING, and before subsection 11.1, the words: "NOTE: The
General following terms relative to off-street parking and loading are defined
in Section 2, Definitions: driveway, interior drive, maneuvering aisle,
July 23, motor vehicle trip, parking lot, and unit parking depth."; so that the
1986) wording as amended will read:
SECTION 11. OFF-STREET PARKING AND LOADING �
and
"NOTE: The following terms relative to off-street parkin�/loading
are defined in Section 2, Definitions: driveway, interior drive,
maneuvering aisle, motor vehicle trip, parking lot, and unit parking
depth."
11.1 OBJECTIVES, APPLICABILITY
A2) In sub-section 11.2.1: a) in the third line of the first sentence,
by inserting after the words: . . ."certificate o� occupancy," . . . the
words: "or petition for a variance," and in the second line by deleting
the word: . . ."or". . . after the words: . . ."special permit". . . and by
inserting a comma after the words . . ."special permit". . . in the second
line, so that the subsection 11.2.1, as amended will read:
(As � � '
adopted) "11.2.1 Each application for a special permit with site plan �
review or, where needed, for a building permit, special permit, i
certificate of occupancy, or petition for a variance, shall be
accompanied by an off-street parking and loading plan showing:"
b) in subsection "a" by adding after the words: . . ."loading bays,". . .
the following: "which shall comply with this By-law and accepted
engineering practice," so that subsection "a", as amended, will read: ;
"a. the number, location, elevation and dimensions of all I
driveways, maneuvering spaces or aisles, parking spaces and loading
bays, which shall comply with this By-law and accepted engineering �
practice." �
I
c) in subsection "b" by inserting in the first line the words: "the �
construction details and" before the words: . . ."the location, size". . .
so that subsection "b", as amended will read:
"b. the construction details and the location, size and type of I'
materials for surface paving, drainage facilities, curbing or �
wheel stops, tzees, screening and lighting," '
i
d) by redesignating the existing subsection "d" to be "e" and by j
inserting a new subsection, to read as follows:
"d. where landscaping is to be provided, the species and size of ,
plant materials,";
A3) In subsection 11.3.2.d in the first sentence by deleting the
words . . ."computed separately". . . and inserting in place thereof the !
words: "which shall be de�ter�i�r�d by computing the number of parking
spaces and loading bays required for the various individual uses and
by then adding those numbers including any fractional number."; so
�
that the first sentence as amended will read: �
"d. Where off-street parking or loading serves two or more
activities that are different types of uses, including two or more
activities that are part of the same principal use, the number of
spaces or bays provided shall be the sum of the requirements for
the various individual uses which shall' be determined by computing
the number of parking spaces and loading bays required for the
various individual uses and by then adding those numbers including
any fractional number." '
_ __- -- ----_ --- ---------�-_------ --__ _--. _ __ ------
(Adjourned Session of the 1986 Annual Town Meeting - Apri1 14, 1986) `��
Article 42. (Motion as attached to the Planning Board Report and as adopted (Cont.)
(Cont.)
A4) a) by deleting subsection "11.4 PARKING, LOADING TERMINOLOGY"
in its entirety,
b) by redesignating subsection 11.5 LOCATION OF OFF-STREET PARKING,
LOADING BAYS to be subsection 11.4 and changing all nuiz�ers in that
subsection and cross-references to it accordingly,
c) by adding a new subsection "11.5", as follows:
"11.5 DRIVEWAYS
; 11.5.1 Each parking space and loading bay shall be connected
by a driveway to a street or to an interior drive that leads
- - to a street. Parts of a driveway may be partly on another lot
or may straddle a lot line provided the Board of Appeals grants
a special permit under subsection 11.8c." and
d) by redesignating subsection 11.6.7a, which deals with the inter-
section of a driveway with a street and sight lines, to be sub-
section 11.5.2, and subsection 5.6, which prohibits driveways
serving commercial uses from passing through a residential district,
to be subsection 11.5.3; reading as follows:
(As
adopted) "11.5.2 In all districts the number of driveways permitting
entrance to and exit from a lot shall be limited to two per
street line. Driveways shall be located so as to minimize con-
flict with traffic on public streets and where good visibility
and sight distances are available to observe approaching
pedestrian and vehicular traffic.
11.5.3 No private way or driveway which serves a non-residential
use in a non-residential district shall be built through a
residential district."
A5) In subsection 11.6.1, by deleting the words: . . ."not be located
in that portion of the front yard which lies between the principal
building and the street line except in a designated driveway.". . .
and by inserting in place thereof the words: "be located in a
- driveway or parking space designated on a plan if located in the
front yard and not on a lawn or other natural area."; so that the
subsection as amended will read:
"11.6.1 PARKING FOR ONE-FAMILY, TWO-FAMILY DWELLING: On any
lot in any district where parking is provided for a one-family or
� two-family dwelling, and where there are not more than four
outdoor parking spaces serving such dwelling, each parking space
shall be set back five feet from any side lot line or rear lot
line, and shall be located in a driveway or parking space
designated on a plan if located in the front yard and not on a
lawn or other natural area."
A6) In subsection 11.6.2, by inserting the word: "driveways" between
the words . . ."parking spaces,". . . and . . ."and maneuvering aisles". . .
in the third line, and by inserting the word: ", driveway" between
the words . . ."parking space". . . and . . ."and maneuvering aisle". . .
in the title above the table in subsection 11.6.2 ; in subsection
11.6.6a by inserting a comma and deleting the word . . ."and". . .
after the words . . ."parking spaces". . . in the fourth line and by
inserting the words: ", maneuvering aisles and driveways" after the
words . . ."loading bays". . . in the same line; in subsection 11.6.6b
by inserting the�. words: "along driveways and" after the word
."screened". . . in the fourth line ; so that the subsections as
� � amended will read:
"11.6.2 On any lot in any district, for all uses other than a
one-family or two family dwelling, all paved parts of all parking
spaces, driveways and maneuvering aisles, shall be set back from
any wall of a principal building, and from any lot line or zoning
boundary line as indicated in the following table". . . (remainder
of section unchanged) . . .
"Distance in feet parking space, driveway and maneuvering aisle
must be set back from:" (remainder of subsection unchanged)
�� (Adjourned Session of the 1986 Annual Town Meeting - April 14, 198b)
i
�
Article 42. (Motion as attached to the Planning Board Report and as adopted (Cont.) I
(Cont.)
"11.6.6a In all residential districts, or on a lot in any other �
district which abuts or faces a lot in a residential district, any �
outdoor parking lot containing five or more parking spaces, all
loading bays, maneuvering aisles and driveways shall be screened
in accordance with subparagraph c, in a manner to protect abutting
lots from the glare of headlights, noise and other nuisance
factors." I
"11.6.6b Any parking lot which is: 1) a principal use or 2) I
within any residential district, shall have setbacks computed in I
accordance with paragraph 11.6.2 and shall be screened along r
driveways and around the entire perime�e�-_ of the parking lot.". . . �
(remainder of the subsection unchanged)
A7) In subsection 11.6.7b by adding a new second sentence: "Note:
Design standards for interior drives are different from those for
driveways; see "Development Regulations: . ; and by redesignating
11.6.7b, with the additional sentence, to be 11.7.2d; and by
redesignating 11.6.7c to be 11.7.2e; so that the subsections as
reworded and redesignated will read:
(As
adopted) "11.7.2d The width of a driveway for one-way use shall be a
minimum of 8 feet and for two-way use shall be a minimum of 18
feet and a maximum of 30 feet, as measured at the setback line. �
Note: Design standards for interior drives are different from
those for driveways; see "Development Regulations"."
l
"11.7.2e Where access or egress is provided". . . . (wording of �
, redesignated subsection unchanged) ;
and by deleting the subtitle "11.6.7 DRIVEWAYS" �
i
A8) In subsection 11.7.2c in the first sentence by inserting the '
words: "or within the minimum dimensions of a parking space as set !
forth in 11.7.2a" after the words . . ."maneuvering aisle". . . ; and by ', i
deleting the second sentence in its entirety; so that subsection
11.7.2c as amended will read: �
"Where columns of a :;building or structure are located in a parking '
lot (such as a parking garage under a building) no part of a
column may be within 3 feet of a maneuvering aisle or within the
minimum dimensions of a parking space as set forth in 11.7.2a."
A9) In subsection 11.8c by: 1) deleting the "s" from the words: i
"spaces" and "bays" in both the second and fourth lines, so that they ;
are singular, and 2) by deleting the words: . . ."in a commercial
district". . . in the first line before the words . . ."to lead to". . . ;
by inserting the word: "a" on the second line before the words: ,
. . ."parking space or loading bay". . . . ; by inserting on the fourth I
line line the words: "a parking" before the words: . . ."space or". . . �
and by inserting on the fourth line the words: "a loading" before
the words: . . ."bay on two or more". . . ; and by inserting a new second
sentence: "Where the driveway is located in a planned residential �I
development for which a special permit with site plan review (SPS) ;
is required and the Planning Board is the SPGA, the Planning Board
may grant the special permit for the driveway location." so that i
subsection 11.8c, as amended, will read: I
i
"To allow a driveway on one lot to lead to a parking space or �
loading bay on another lot, or to allow a driveway to straddle the i
lot line and serve a parking space or a loading bay on two or more
lots, both in a commercial district, provided a binding agreement, �
satisfactory in form to the Town Counsel, is executed and is filed
in the Registry of Deeds of Middlesex County. Where the driveway
is located in a planned residential development for which a
special permit with site plan review (SPS) is required and the
Planning Board is the SPGA, the Planning Board may grant the
special permit for the driveway location."
----------- --- ----_ � _ ___ T- _--_ _-- __-- _--_------
(Adjourned Session of the 1986 Annual Town Meeting - A ril 14, 1986)
��
Article 42. (Motion as attached to the Planning Board Report and as ado ted (Cont.)
(Cont.)
A10) In Section 2, DEFINITIONS, DRIVEWAY by inserting the words ",
or interior drive," after the words . . ."from a street". . . in the
fourth line ; so that the definition as amended will read:
"DRIVEWAY: An area on a lot which: is for the passage of motor
vehicles (and not for. storing orstandin� such vehicles except
where serving four or fewer parking spaces) , has an all-weather
surface, provides access and egress to and from a street, or
� interior drive, and leads to or from a parking space or loading
bay (or their related maneuvering aisle) ."
Main motion adopted. In Favor: 149 Opposed: 4
Abstained: 1
Declared adopted 10:30 P.M.)
Article 43. ZONING BY-LAW, EXPANSION OF NON-CONFORMING
DWELLING
Karsten Sorensen moved that the report of the Planning Board on
Article 43 be accepted and placed on file.
Adopted unanimously. 10:31 P.M. '
Presented by Karsten Sorensen.
(See
�age 42 MOTION: That the Zoning By-law be amended as set forth in the motion
for entitled "Motion for the Town Clerk" which is attached to the Planning
motion Board's report on this proposed amendment.
i
as 10:31 P.M.
I adopted)
� Mr. Sorensen read the statement relative to the official motion
filed with the Town Clerk which is different, because of explana-
tions, from the motion for the Town Meeting Members. (See Page 28)
10:31 P.M.
Mr. Sorensen explained his motion with the aid of slides.
10:35 P.M.
(Amend. Julian J. Bussgang moved to add after the words "one- or two-family
adopted) dwelling," the words "which is used only as a residence,"
10:36 P.M.
Richard A. Michelson served notice of reconsideration of Article 42.
10:37 P.M.
Article 43. After Mr. Bussgang's amendment was checked by the Town Counsel,
(Cont.) the Moderator read the motion to amend to the meeting. 10:40 P.M.
---� Mr. Sorensen said that the Planning Board had no objections to
this amendment. 10:41 P.M.
As "one- or two-family dwelling," appears in two places in the
motion, Robert V. Whitman asked where Mr. Bussgang's additional
words were to be added and Mr. Bussgang said they were to be inserted
in both places. 10:43 P.M.
Mr. Bussgang's motion to amend was declared adopted by voice vote.
10:43 P.M.
�� (A�jbu��ed Session of the 1986 Annual To�n Meeting - Apri1 14, 1986)
Article 43. Many questions were raised and Norman P. Cohen, Town Counsel, I'�
(Cont.) explained that this by-law would be making it more lenient. I
I
After general discusson, the main motion, as presented by '
Mr. Sorensen and amended by Mr. Bussgang was declared adopted j
unanimously. 10:57 P.M.
(Main motion, as amended, and as adopted reads:
I
(As MOTION: That the Zoning By-law be amended as follows:
adopted)
In section 6.3, Enlarging Structures, by striking out the first '
(Approved Paragraph in its entirety and inserting in place thereof: --- "That �
by Atty. Part of a lawfully existing one- or two-family dwelling, which is �
General used only as a residence, which is non-conforming with respect to
July 23, minimum yard setback, may be enlarged or extended provided: 1) the
1986) existing degree of non-conformity is not greater than 50 per cent of
the required setback, 2) the site coverage of the dwelling within
the minimum yard setback is not increased, and 3) the SPGA
makes a finding that the extension or enlargement is appropriate in
mass and scale for the neighborhood, with particular attention to
abutting properties, and grants a special permit for the extension
or addition. A lawfully existing one- or two-family dwelling, which
is used only as a residence, which is non-conforming with respect
to minimum yard setback, may be enlarged or extended in any other
direction in compliance with this By-law by the issuance of a I
building permit as provided in subsection 3.1.2."
i
Main motion, as amended, adopted unanimously. 10:57 P.M.)
Paul W. Marshall moved that this meeting be adjourned to Wednesday, April ;
16, 1986 at 8 P.M. in Cary Memorial Hall. 10:57 P.M. 1
The Moderator asked that the volunteer camera aids be recognized: Susan �
�
Edelman, Jen Howard, Mike McGuerty and Rick Frazier. They were given a �
round of applause by the meeting. 10:57 P.M. ,
Nyles Nathan Barnert questioned the date of adjournm��t and Mr. Marshall i
answered that the Center Revitalization Report was to be presented at the
April 16th session and the Choate-Syv�mes article would be presented at the
May 5th session and the School Maintenance article would be presented at the �
May 7th session.
Mr. Marshall's motion to adjourn this meeting to Wednesday, April 16, 1986 I
at 8 P.M. in Cary Memorial Hall was declared adopted by voice vote. '
10:58 P.M. �
I
�
A true copy. �
�
�
Attest: �
, I
i
�
� �
�
��
Mary R. McDonough, Town Clerk �
--- _----_------------ -----__---______ ------ ---_ _ -- _--- -___- ----___--- -. . --_._
1---- ---- --
I
ADJOURNED SESSION OF THE 1986 ANN�AL TOWN MEETING ��
APRIL 16, 1986
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8:01 P.M. in Cary Memorial Hall.
There were 169 Town Meeting Members present.
Invocation was offered by Sydney Morris, Coordinating Minister, Follen
Community Unitarian/Universalist Church. 8:03 P.M.
Article 2. REPORTS OF TOWN OFFICERS, BOARDS, COMMITTEES
Margery M. Battin, Chairman of the Revitalization Committee,
presented an oral report of the committee, with the aid of other
members.
Mrs. Battin said that the plan for the Center is dedicated to
the late Jack Powell, Chamber of Commerce Vice-President, who served
on the Committee for two years. She listed the charges to the
Committee, such as:
Prepare a plan to:
Achieve commercial diversity
Increase social and cultural activity
Improve traffic flow
Increase parking
and others
Some of the working components: Market analysis; land use analysis; '
parking and traffic analysis; parking and traffic improvements;
design and amenities analysis; promotional activities review; efic.
8:12• P.M.
Norma -Bogen showed slides of the Center, which is subdivided into
six blocks. She spoke of the tremendous growth of restaurants (10
at the present) . She said that there has been a growth of office
and retail uses and added that there is a strong retail market there.
This brings people into the Center at lunchtime, many non-residents.
She listed the findings of the CRC, some of them as follows:
the Center is thriving and vital; good diversity, mix of use;
greater use by non-residents; some traffic congestion; generally
pleasant, but on the whole undistinguished; buildings non-
descript; lacks amenities (no restrooms, few benches and bicycle
racks) ; signs on buildings are of different types, colors, sizes;
Emery Park has deteriorated - worn out grass and mud at certain
times; promenade in the Center is the best feature; has a strong
basis to become more attractive.
Items needing attention: Parking; traffic congestion; undistinguished
character; ugly back entrances; litter; lack of unity of storefronts,
awnings, signs; few amenities; merchandising.
8:24 P.M.
Stephen Cripps explained that they have an agreement on a set of
land use and development. He listed the Role of the Center:
focal point; employment and tax gains secondary;Retail services
and office use; Amenities; Litter prevention; Adjoining Residential
area; land use - Parking; Responsibility for parking; Commercial
growth; Parking as land use.
8:27 P.M.
Mary Hastings gave the Program Components: 1) Organization 2) Economic
�� structure/land use 3) Access - Parking.
i She broke down each of these titles and gave a short explanation.
-_ 8:31 P.M.
Mrs. Battin finished by showing slides of both the good and bad
features of the Center, explaining that this was a hasty overview.
8:33 P.M.
Selectman Chairman, Paul W. Marshall said that the plan for the
evening is to bring up the remaining Planning Board Articles and
adjourn to April 28, 1986 for the Choate-Symmes article and then
adjourn to May 7, 1986. 8:34 P.M.
�� (Adjou�ne� Session of the 1986 Annual To�n Meeting - April 16, 1986)
�
Article 2. Erna S. Greene submitted a written report explaining the lateness
(Cont.) of the Town Report for the year 1985. She added that if anyone
wished to volunteer to work on the 1986 Town Report, they should I
submit their name immediately and not wait until the end of the �
year. 8:36 P.M. I
�
Judith J. Uhrig, Chairman of the Planning Board, explained that '
the report of the Planning Board covering Article 47 was on the �
back table and should be studied prior to the debate on this
article on April 28, 1986. �
Mrs. Uhrig added that a draft of the Comprehensive Plan and ,
accompanying letter (Housing Element of Comprehensive Plan) was
also on the back table and should be studied.
8:38 P.M.
Article 44. ZONING BY-LAW, DWELLING CONVERSION,
CONGREGATE HOUSING
Eleanor H. Klauminzer moved that the report of the Planning Board
covering Article 44 be accepted and placed on file.
Adopted unanimously. 8:43 P.M.
i
�
Presented by Eleanor H. Klauminzer. I
(See MOTION: That the Zoning $y-law be amended as set forth in the
motion motion entitled "Motion for the Town Clerk" which is attached to i
as the Planning Board's report on this proposed amendment.
adopted 8:39 P.M. ,
below.) ;
Mrs. Klauminzer explained that the official motion under Article
44 as filed with the Town Clerk differed from the motion given
to the Town Meeting Members, but only that it did not have
explanations etc. 8:39 P.M.
Mrs. Klauminzer, after an explanation of the motion, said that
the Planning Board recommended favorable action on this motion.
8:45 P.M.
Motion as presented by Mrs. Klauminzer declared adopted ;
unanimously. 8:47 P.M. �,
(Motion as attached to the Planning Board Report and as adopted:
�
(As MOTION: That the Zoning By-law be amended as follows:
adopted)
Al) By deleting the existing section "5.4 APARTMENTS IN COMMERCIAL
BUILDINGS" in its entirety, and in Table l, Use Regulations Schedule, �
by deleting line "1.4, Dwelling units on second or third floor of ''i
(Approved commercial structures (see subsection 5.4)" in its entirety, and
by Atty. inserting in place thereof the words: "1.4 (Reserved)"
General
July 23, A2) by inserting a new section 5.4, as follows:
1986) ;
"5.4 CONVERSION OF DWELLING TO CONGREGATE LIVING FACILITY ,
5.4.1 OBJECTIVES
The conversion of an existing dwelling to a congregate living
facility is intended to: 1) encourage alternative living arrange-
ments for the town's elderly residents, 2) permit housing arrange-
ments compatible in size and scale with one-family and two-family
neighborhoods, and 3) encourage in economic, energy-efficient use
of the town's housing supply while maintaining the appearance and
character of the town's neighborhoods.
__ --—---- ---- - -- _ ---- ----__-- — _- - -___---— -----._
� --_ _
(Adjourned Session of the 1986 Annual Town Meeting - Apri1 16, 1986) ��
Article 44. (Motion as attached to the Planning Board Report and as adopted:
(Cont.) (Cont.)
5.4.2 CONDITIONS AND REQUIREMENTS
A dwelling may be converted to a congregate living facility
(As provided that each of the following conditions and requirements
adopted) is met:
a. General
l. In the R0, RS and RT districts, there shall be not more
than one converted dwelling on any one lot and there shall be
accomodations for not more than 15 residents in the dwelling. The
.-.- provisions of subsection 9.2.10 relative to equivalent density shall
not apply in the R0, RS, and RT districts. A converted dwelling in
an RM or RD district shall conform to the standards of that district.
2. The lot area shall be at least 10,000 square feet.
3. The net floor area of the dwelling, prior to the issuance
of any building permit, shall be at least 2,000 square feet.
4. The dwelling shall be connected to the public water and
sanitary sewer system.
5. No dwelling in an RS, R0, RT or RD district may be con-
verted without the granting of a special permit by the Board of
Appeals and no dwelling in an RM district may be converted without
the issuance of a building permit by the building commissioner, and
no dwelling in any district may be occupied as a congregate living
facility without the issuance of a certificate of occupancy by the
building commissioner.
6. This section shall not be used to create a long-term
care facility, a multi-family dwelling or a rooming house. If the
building commissioner has sufficient information to indicate that
the converted dwelling is being used for other purposes not allowed
in the zoning district or not allowed by the special permit or that
sufficient support services are not being provided, the building
commissioner shall notify the owner and, if within 90 days, the
occupancy is not returned to conformity, the special permit and
, certificate of occupancy shall be suspended or revoked.
�-� b. Services and Facilities for Residents
l. Supportive services, such as nutrition, housekeeping, or
social activities and access to other services, such as health care,
recreation or transportation shall be provided. At least one meal
per day shall be served to residents in a common dining room.
2. There shall be rooms and facilities that promote a shared
living experience for residents including at least: a dining room,
one living/common room suitable for social activities, space for
outdoor activities and other rooms for other supportive services.
3. A service providing organization, with sufficient re-
sources, responsible for the provision of the supportive services
shall be identified. If the relationship between that organization
and the facility is terminated, and if, within 90 days, another
comparable service providing organization is not designated, the
� certificate of occupancy shall be suspended or revoked. The service
providing organization shall employ a manager or coordinator, to
direct the supportive services, and the manager or coordinator, or
a designee, who shall not be a client of the congregate living
facility, shall be on the site at least eight hours per day, seven
days per week.
4. A resident may occupy a separate bedroom or a suite of
rooms which may have one or more of the following: a) a private
full or half bath, b) a kitchenette of a size and type suitable for
preparation of light meals for one or two persons, but not larger,
or c) a living room.
5. There shall be provided at least 150 square feet of usable
open space, as described in 9.3.7, for each resident.
6. The dwelling may not contain any dwelling unit (see
definition) other than that provided for the manager or coordinator.
�6 (A�journ�d Session of the 1986 Annual Totm Meeting - April 16, 1986)
I
Article 44. (Motion as attached to the Planning Board Report and as adopted:
(Cont.) (Cont.)
c. Exterior Appearance of the Dwelling
�
The dwelling to be converted shall be designed so that the appear-
ance of the structure is that of a dwelling characteristic of the
zoning district in which it is located, i.e. a detached one-family �
(As dwelling, if located in an R0, RS or RT district; a two-family
adopted) dwelling if located in an RT district; or a multi-family dwelling
if located in an RM or RD district, subject further to the
following conditions and requirements:
l. Any stairway to a second or third story shall be
enclosed within the exterior walls of the dwelling. There shall
be no exterior fire escapes. '
2. Any enlargement or addition to the dwelling shall main-
tain the architectural character of a one-family dwelling, or in
the RT district, a two-family dwelling. The architectural
detailing and the exterior materials shall be those characteristic
of a one-family neighborhood. The additional floor space created
shall not be counted toward the requirement of minimum net floor
area set forth in a 3 above.
3. Any new entrance shall be located on the side or rear
of the dwelling.
d. Off-Street Parking
i
In order to maintain the appearance of a one-family neighborhood, ,
all parking spaces shall be subject further to the following
conditions and requirements:
1. Not more than two outdoor spaces shall be located in �
the front yard. All other parking spaces shall comply with the !
standards in section 11 for a parking lot (five or more spaces) . ;
' Additional screening may be required to minimize the visual impact ,� '
of parking on adjacent properties.
5.4.3 PROCEDURES � I
i
a. A dwelling located in an RM district may be converted �i
upon thE issuance of a building permit. A dwelling located in an �,
R0, RS, RT or RD district may be converted only upon the granting
of a special permit by the Board of Appeals. Each application
for a building permit or special permit shall be accompanied by:
1. A statement identifying the supportive services to �
be provided and the service providing organization who will provide �
them.
2. Floor plans of the dwelling drawn to scale showing
the living spaces of the residents and the common facilities.
3. Where exterior changes are proposed, elevations, or !�
other visual representations, of the facade to be changed �
sufficient to show the architectural character of the dwelling
before and after the change.
4. An off-street parking plan as described in 11.2.1.
5. A preliminary site development plan, as described
in 3.6.1, except that a traffic analysis need not be submitted.
b. Prior to the granting of a special permit or the issuance �
of a building permit, the SPGA, or the building commissioner, shall
�
submit a copy of the application to the Human Services Committee i
and the Board of Health who shall be given a reasonable time period !
in which to make a recommendation on the application.
c. Each building permit or special permit shall include a �
condition that the certificate of action is subject to suspension
or revocation if the dwelling is no longer used as a congregate
living facility or if the support services are no longer rendered.
Each special permit shall be recorded in the Registry of Deeds."
A3) In Table l, Use Regulations Schedule, in line 1.5 by deleting
the existing wording and inserting in place thereof: "Conversion of
a dwelling to a congregate living facility (See 5.4)" and under the
columns headed R0, RS, RT and RD the symbol: "SP" and under the
columns headed RM the symbol "Yes" and the symbol "No" under all �
other columns.
Adopted unanimously. 8:47 P.M.)
------- ,----- — - - _
_- ----- _ _. .__-- _ _-- —
_ -- �
(Adjaurned Session of the 1986 Annual Town Meeting - Apri1 16, 1986) /�'�
Article 45. ZONING BY-LAW, HEIGHT OF BUILDINGS
Stephen B. Cripps moved that the report of the Planning Board
on Article 45 be accepted and placed on file.
Adopted unanimously. 8:48 P.M.
Presented by Stephen B. Cripps.
I (See MOTION: That the Zoning By-law be amended as set forth in the
.; Pages motion entitled "Motion for the Town Clerk" which is attached to
48-50 the Planning Board's report on this proposed amendment.
for 8:49 P.M.
motion
as Mr. Cripps explained that the official motion under Article 45
adopted) as filed with the Town Clerk differed from the motion given to the
Town Meeting Members, but only that it did not have explanations etc.
8:49 P.M.
After a short exglanation, Mr. Cripps made the following motion
to amend:
(Amend. MOTION: That in Part A2c) of the main motion to strike out the
adopted) proposed new second sentence and to insert in place thereof, the
following:
"Dormers may be constructed on those exterior walls provided they
are structurally supported on the roof rafters and the length of
the dormer(s) as measured between the lowest bearing points of the
dormer(s) on the rafters of the sloping roof does not exceed 50
per cent of the length of the sloping roof to which it is attached.
�i 8:58 P.M.
�--- - Mr. Cripps motion to amend was declared adopted by voice vote.
9:02 P.M.
Robert H. Domnitz moved to amend:
(Amend. MOTION: That subsection 7.5.5 be replaced with the following
adopted) subsection:
7.5.5 PARKING WITHIN BUILDING
Where a building contains parking spaces, a parking level shall
be counted as a story unless more than one-half of such level
vertically is below the lower elevation as described in subsection
7.5.1A. 9:03 P.M.
After Mr. Domnitz gave a short explanation, Stephen B. Cripps said
that the Planning Board supported the amendment. 9:08 P.M.
Mr. Domnitz motion to amend was declared adopted by voice vote.
9:08 P.M.
Ephraim Weiss voiced concern about building heights and Frank
Sandy said that this motion makes a simple definition more complicated
and asked what was the purpose of all these major changes.
Mr. Cripps answered that it further defines the way to measure and
offers flexibility. He said that he feels that it is a good article.
9:13 P.M.
�� (Adjourn2d Session of the 1986 Annual Town Meeting - April 16, 1986) �
I
Article 45. Margaret N. Brooke brought up the new Custance Building and the
(Cont.) new building that is to replace Lexington Lumber, both on Bedford
Street and the Lexington Square building in Lexington center.
Mr. Cripps said that building heights would not change. �
9:15 P.M. j
Joel A. Adler asked about an antenna. He said that it seems as if �
there would be a difference between a small or large landowner. I
9:16 P.M. �
�
Julian J. Bussgang voiced his concern in regards to dormers.
9:17 P.M. �
j �
Julian J. Bussgang served notice of reconsideration of Stephen B.
Cripps amendment to the main motion. 9:18 P.M.
Arthur C. Smith moved that article be referred back to the Planning
Board. 9:26 P.M. ,
Although many voiced approval of the motion to refer, Mr. Smith's
motion to refer the article back to the Planning Board was ,
declared lost by voice vote. 9:36 P.M.
i
Voice vote on main motion, as amended by Mr. Cripps and Mr. Dom-
nitz, was not unanimous, so a standing vote was taken as follows:
Precinct In Favor Tellers Opposed �
1 15 Nancy C. Gordon 3 �
2 8 Arthur C. Smith 6
3 16 Marilyn K. Mairson 1 � �
4 13 Gale H. Nill 1 �--�
5 15 Julie F. Triessl 2
6 14 Alan J. Lazarus 0
7 10 Jacquelyn H. Ward 2 ;
8 11 Roger F. Borghesani 6
9 13 Margaret E. Coppe 0
At Large 21 John R. Campbell 1
Total 136 22 '
I
More than the xequired two-thirds having voted in favor, the I
motion is adopted. 9:40 P.M.
Alan J. Lazarus served notice of reconsideration of Article 45. 9:40 P.M.
��
Article 45. (Motion as attached to the Planning Board Report and as amended
(Cont.) and as adopted:
�
MOTION: That the Zoning By-law be amended as follows: -
�AS �
adopted) Al) In section 7.5, by deleting the word: . . ."(Reserved)". . . and
by inserting in place thereof a new section 7.5, as follows:
(Approved
by Atty. ��7,5 HEIGHT OF BUILDINGS, STRUCTURES
General
July 23, 1986) �.5.1 The maximum height of a building shall not exceed either the
distance in feet or the number of stories, whichever is less, set
forth in Table 2 for the district in which the building is
located. The maximum height of a building shall be the vertical
distance between the lower elevation and the upper elevation, as
described below.
----- ------- ---------- � - -- -,----
(Adjourned Sessio� of the 1986 Annual Toc�n. Meeting - Apri1 16, 1986) '��
Article 45. (Motion as attached to the Planning Board Report and as amended
(Cont.) and as ado ted: (Cont.)
. a. The lower elevation shall be:
the natural grade of the land at the point of ineasurement
prior to disturbance for construction. The elevation. of
the natural grade prior to disturbance for construction
shall be certified by a registered land surveyor, or may
be such elevation as the Building Commissioner may deter-
mine from Town maps or records.
�! An average natural grade may be used, which shall be
� ; determined by computing the average of the elevations of
the natural grade of the four extreme corners of the
building, or, in the case of a non-rectangular building,
of such equivalent locations as the Building Commissioner
(As may determine. In a case where the lower elevation, thus
adopted) determined, is lower than the average of the elevations of
the natural grades of the four extreme corners of the lot,
the average of the elevations of the corners of the lot
may be used. In a case where the finished grade is lower
than the natural grade, the finished grade shall be the
lower elevation.
b. The upper elevation shall be:
1) in the case of a flat roof, the top of the highest
roof beams; or 2) in the case of a pitched, gable, hip,
gambrel, or mansard roof, the horizontal plane that
passes through the ceiling of the top story. Where the
top story is not finished with a horizontal ceiling, the
elevation seven feet above the floor of the top story
shall be considered equivalent to the ceiling.
7.5.2 STRUCTURES OTHER THAN BUILDINGS: When located on the ground,
the maximum height of structures, other than buildings, shall be the
highest point on the structure and shall not exceed the maximum
.__r� height for buildings as set forth in Table 2. Structures other than
buildings, such as antennas, recreational apparatus, fences and the
like may be located in a required front, rear or side yard provided
the height of the structure is not greater than its horizontal
distance from the lot line, except that a fence or wall not greater
than six feet in height may be located on, or closer to a lot line
than six feet.
Structures erected on a building and not used for human
occupancy, such as chimneys, heating-ventilating or air conditioning
equipment, solar or photovoltaic panels, elevator housings, antennas,
skylights, cupolas, spires and the like may exceed the maximum
height of a building provided no part of the structure is more than
20 feet higher than the upper elevation of the building and the
total horizontal coverage of such structures on the building does
not exceed 25 percent.
The Board of Appeals may grant a special permit for structures,
but not buildings, to exceed the maximum height, or the percentage
of horizontal coverage of structures erected on a building, specified
above provided i� make_s;_a determination that the structure is compatible
with the scale of the neighborhood and does not intrude on the solar
access of any adjoining lot.
7.5.3 AVERAGE HEIGHT OF BUILDING: Where a building has different
i elements, some higher than others, some elements may be higher than
- the maximum height if other elements are lower than the maximum
height, provided the average height of the entire building does not
exceed the permitted maximum height. The average height shall be
computed by determining the height of the individual elements and
computing an average proportionate to the buiZding coverage of the �
various elements.
Where a building is on a sloping site or has some stories that
do not extend for the full building coverage, the height of the
several elements of the building may be calculated separately provided
that neither the maximum height or the number of stories in any one
element exceeds that permitted by Table 2.
�� (Adjourn2d 52ssion o� the 1986 Annual Town Meeting - Apri1 16, 1986) �
Article 45. (Motion as attached to the Planning Board Report and as amended I
(Cont.) and as adopted: (Cont.) �
�
7.5.4 STRUCTURES BELOW GROUND:' Where the upper elevation of a �
structure or building is below the elevation of the natural grade, I
and such structure is covered by earth to a depth sufficient to
support vegetation, such structure may be located within a required
front, side or rear yard, but no closer than five feet to a lot �
line. Open grates or small ventilation shafts servicing the part �
of the structure below ground may be located in the required yard.
7.5.5 PARKING WITHIN BUILDING: Where a building contains parking f�
spaces, a parking level shall be counted as a story unless more � j
than one-half of such level vertically is below the lower eleva- ��
(As tion as described in subsection 7.5.1A. -
adopted) A2) In Section 2, DEFINITIONS, a) by deleting the definition "BUILDING
HEIGHT" in its entirety;
b) in the definition "STORY", by striking out the existing definition
and inserting in place thereof the following:
"STORY: That portion of a building contained between any floor
and the floor or roof next above it, but not including either
a cellar or the uppermost portion so contained if under a
sloping roof and not accessible, by an approved stairway, or
not designed or intended to be used for human occupancy.", and
c) in the definition "STORY, HALF": by adding a new second %
sentence, as follows: I,
"Dormers may be constructed on those exterior walls provided
they are structurally supported on the roof rafters and the �
length of the dormer(s) as measured between the lowest bearing
points of the dormer(s) on the rafters of the sloping roof
does not exceed 50 per cent of the length of the sloping roof l
to which it is attached.
so that the definition as amended will read: '� ;
"STORY, HALF: A story directly under a sloping roof in which l
the points of intersection of the bottom of the rafters and '�-^�
the interior faces of the walls are less than three feet above j
the floor level on at least two exterior walls. Dormers may �
be constructed on those exterior walls provided they are I,
structurally supported on the roof rafters and the length of �
the dormer(s) as measured between the lowest bearing points of
the dormer(s) on the rafters of the sloping roof does not
exceed 50 per cent of the length of the sloping roof to which
it is attached.
I
d) in the definition "STRUCTURE" by deleting the second sentence
which reads: . . .. "However, this definition does not include a
boundary wall or fence less than six feet above the mean finished
grade of the adjoining ground.". . . ; so that the definition as j
amended will read:
"STRUCTURE: Anything constructed or erected, the use of which
requires a fixed location on the ground, or attachment to i
something located on the ground, including buildings, j
mobile homes, billboards, tanks, or the like, or the parts
thereof, and swimming pools."
A3) In Section 7, DIMENSIONAL CONTROLS, by deleting sections: �
"7.4.6 Height Limitation Exceptions", and "7.8 Civil Defense i
Shelters", in their entirety, and by inserting in place thereof '
"7.4.6 (Reserved)" and "7.8 (Reserved)";
A4) In Table 2, SCHEDULE OF DIMENSIONAL CONTROLS, in the line Maxi-
mum height, Other buildings, Stories by deleting the number "2"
where it appears in the columns headed CN AND CG so that in those
districts a 2 story building would be allowed but a 22 story building
would not be allowed.
In Favor: 136 Opposed: 22
More than the required two-thirds having voted in favor, the
main motion, as amended, was declared adopted. 9:40 P.M.) '
--- ---- _-------------_
— - -- --_ � �
(Adjourned Session of the 1986 Annual Town Meeting - April 16, 1986)
51
Article 46. ZONING BY-LAW, SATELLITE RECEIVING ANTENNAS
Stephen B. Cripps moved that the Planning Board Report on Article 46
be accepted and placed on file.
Adopted unanimously. 9:40 P.M.
Presented by Stephen B. Cripps.
��
� _ (See MOTION: That the Zoning By-law be amended as set forth in the
below motion entitled "Motion for the Town Clerk" which is attached to the
for Planning Board's report on this proposed amendment.
adopted 9:40 P.M.
motion)
Mr. Cripps explained that the official motion under Article 46
as filed with the Town Clerk differed from the motion given to the
Town Meeting Members, but only that it did not have explanations etc.
9:40 P.M.
Mr. Cripps said that the Planning Board recommended approval of
Article 46. 9:43 P.M.
(Amend. Florence E. Connor moved that under 5.7.2 SATELLITE RECEIVING ANTENNA
adopted) the words "or side yard" be removed in 5.7.2a and the words "or side"
be removed in 5.7.2b1.
9:50 P.M.
Robert A. Bowyer, Planning Director, gave a definition of side yard
in answer to the confusion that had arisen over tfiis definition.
9:57 P.M.
! Mrs. Connor's motion to amend was declared adopted by voice vote.
10 P.M.
Voice vote on main motion, as amended, was not unanimous, so a
standing vote was taken as follows:
Precinct In Favor Tellers Abstained Opposed
1 15 Nancy C. Gordon Z
2 8 Arthur C. Smith 5
3 17 Marilyn K. Mairson p
4 13 Gale H. Nill 1 0
5 17 Julie F. Triessl 2 p
6 14 Alan J. Lazarus p
7 12 Jacquelyn H. Ward p
8 16 Roger F. Borghesani p
9 13 Margaret E. Coppe p
At Large 22 John R. Campbell _ 1
Total 147 3 g
More than the required two-thirds having voted in favor, the main
�', motion as presented by Mr. Cripps and amended by Mrs. Connor, was
( !, declared adopted. 10:03 P.M.
l
(Motion as attached to the Planning Board Report and as amended
(As and as adopted:
adopted) ,
(Approved
MOTION: That the Zoning By-Law be amended as follows:
by Atty. Al) In section 5.7 by: 1) deleting the subtitles "5.7.1 PROTECTIVE
General CONDITIONS" and "5.7.2 CONSERVATION COMMISSION ORDERS"; 2) re-
July 23, designating the number, and removin the underlinin
1986) g g, of the sub-
title "5.7 SWIMMING POOLS AND RACQUET COURTS" to be "5:J,1:', :aiiii 3)
inserting a new subtitle "5.7 L�C:CES;S,ORY STRUCTURE:$�" above the newly
designated subtitle 5.7.1.
�� (Adjourned Session of the 1986 Annual Town Meeting - April 16, 1986) �
�
Article 46. (Motion as attached to the Planning Board Report and as amended i
(Cont.) and as adopted: (Cont.) �
� !
A2) by inserting a new section:
(As
adopted) "5.7.2 SATELLITE RECEIVING ANTENNA
a. A satellite receiving antenna is a device or instrument for
the .r.eception of television or other electronic communications
broadcast or relayed from a satellite orbiting the earth. A satellite �
receiving antenna may not be erected in a residential district unless
it is accessory to a residential or institutional use and it is �-;
located in a rear yard. i f ,
b. A satellite receiving antenna may be erected after the �
issuance of a building permit provided the following conditions
are met:
1) The antenna is located in a rear yard but not within the
required minimum set back set forth in Table 2.
2) The antenna shall be permanently secured to the ground.
No antenna shall be installed on a building or on a
portable or movable structure, such as a trailer.
3) Size: No antenna shall exceed an overall diameter of
12 feet or a height of 15 feet above the natural grade
when measured to its uppermost point when in an up-
right position.
4) Screening: The base of the antenna shall be screened
from view from any abutting lot or from the street by i
an opaque fence, at least six feet high, or by planting �i
providing comparable screening and opacity. ;
5) Appearance: The antenna shall be of a non-reflecting and '
inconspicuous color and compatible with the appearance and
character of its surroundings. No advertising material
shall be permitted.
6) The antenna shall not be used for commercial purposes." i
In Favor: 147 Opposed: 8
More than the required two-thirds having voted in favor, the !�
main motion as presented by Mr. Cripps and amended by Mrs. Connor „�
was declared adopted. 10:03 P.M.) ,
Article 47. AMEND ZONING BY=LAW, WALTHAM STREET,
RO to RD
(Tabled on April 2, 1986. See Pages l, 53-61)
i
Article 48. AMEND ZONING BY-LAW, LOWELL STREET, I,
RO to CD
�
(See Pages 27, 28)
i
,
Article 49. AMEND ZONING BY-LAW, WALTHAM STREET
RO to RD
I
Judith J. Uhrig, Chairman of the Planning Board, at the request
of the proponent, moved that Article 49 be indefinitely postponed.
i
Adopted unanimously. 10:04 P.M. i
� � I
� �
Article 50. AMEND ZONING BY-LAW, WORTHEN ROAD
RS to CD
�
Lincoln P. Cole, Jr. , Moderator, said that he had received a
letter from Grace Chapel requesting that this article be withdrawn.
Paul W. Marshall moved that Article 50 be indefinitely postponed.
Adopted unanimously. 10:05 P.M.
Paul W. Marshall moved that this meeting be adjourned to Monday, April 28,
1986 at 8 P.M. in Cary Memorial Hall. This motion adopted unanimously. 10:05 P.M.
A true copy. Attest: ��� �j f� � i
Article 51. See Page 72. Mary . McDonough, Town Cl rk
------ --._.._. -- -- _
--- — �--- -----
___ _ _----- ---- _---_---__
ADJOUI2N�D S�SSION OF THE 1986 ANI�TUAL TOWDT M��TING ��
APRIL 28, .1986
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr, at
8 P.M. in Cary Memorial Hall. '
There were 182 Town Meeting Members present.
Invocation was offered by Arthur Kolsti, Pastor of the Pilgrim Congregational
Church. 8:01 P.M.
j
Article 2. REPORTS OF TOWN OFFICERS, BOARDS, COMMITTEES
...- Judith J. Uhrig moved that the 1986 Planning Board Report on:
Subsidized Housing (1979 Town Meeting Resolution) and Affordable
Housing be accepted and placed on file.
Adopted by voice vote. 8:10 P.M.
In response to a question by Fred D. Rosenberg, Paul W. Marshall,
Chairman of the Board of Selectmen, said that there is a requirement
that the Selectmen make a report on housing and that this will be
done before the dissolution of this meeting.
8:10 P.M.
Paul Newman, School Committee Member, filed the final report of
the School Needs Evaluation and the Executive Summary of same.
Mr. Newman informed the meeting that there would be a bus tour of
the school buildings on Sunday, May 4, 1986, schedule on the back
table in the hall. 8:13 P.M.
I j Judith J. Uhrig moved that Article 47 be taken from the table. (See Page 1)
��-� Adopted b.y voice vote. 8:13 P.M.
Article 47. AMEND ZONING BY-LAW, WALTHAM.STREET, RO to RD
(Written notice filed by William J. Dailey, Jr. that he would abstain
from discussion and voting on this article due to a conflict of
interest.)
Presented by Eric T. Clarke.
MOTION: That the Zoning By-Law of the Town be amended by changing the
(See zoning district designation of the land on the easterly side of
Pages Waltham Street abutting the Waltham/Lexington town line, containing
60-61 28.89 acres of land, more or less, as more fully described in Schedule
for A, attached hereto (the "Site") , from R0, One Family Residential,
adopted to RD, Planned Residential Development, as herein specified, all in
motion) accordance with a preliminary site development and use plan dated
April 18, 1986, and filed with the Town Clerk and the Planning Board,
and that not more than 0.5 acres of land within the Site, as shown
on said preliminary site development and use plan, is authorized
to be used for off-street parking for the office buildings of Haynes
� Management, Inc. at 1020-1050 Waltham Street, provided that such
� parking spaces are not to be credited toward any expansion of those
� office buildings and that such uses are subject to Special Permit
with Site Plan Review approval pursuant to Section 8.3 of the By-Law.
SCHEDULE A
LAND TO BE REZONED
A certain parcel of land, located in the southerly part of the Town
of Lexington, bounded and described as follows:
�� (Adjourned Session of the 1986 Annual Town Meeting - Apri1 28, 19$6) I
i
Article 47. Beginning at a point on the easterly line of Waltham Street:
(Cont.)
NORTHERLY by land now or formerly of Gardencrest Inc. , and land
now or formerly of the Town of Lexington, as shown on
a plan hereinafter mentioned, on four (4) lines,
comprising iri the aggregate a .total of 1871.97 feet;
EASTERLY by land now or formerly of the Town of Lexington, and
land now or formerly of the County of Middlesex, as �
shown on said plan, on two (2) lines, comprising in
the aggregate a total of 1,700.20 feet;
SOUTHERLY by land now or formerly of the County of Middlesex, '
as shown on said plan, on one (1) line, comprising
235.46 feet;
SOUTHERLY by the town line separating the Town of Lexington and I
the City of Waltham, as shown on said plan, on one (1)
line, comprising 549.47 feet;
WESTERLY by land now or formerly of G. Arnold Haynes, Inc. ,
as shown on said plan, on one (1) line, comprising
889.53 feet; '
SOUTHERLY by land now or formerly of G. Arnold Haynes, Inc. ,
as shown on said plan, on one (1) line, comprising
166.10 feet; �
WESTERLY by the easterly line of Waltham Street, as shown on �
said plan, on one (1) 1ine, comprising 110 feet.
Containing 28.89 acres, more or less, and being shown on a plan
entitled "Plan of Land in Lexington, Mass. , To Be Rezoned" dated I
December 13, 1985, prepared for Choate-Symmes Life Care, Inc. by �
BSC-Bedford, 18 North Road, Bedford, Mass. , Donald J. Forand,
Professional Land Surveyor. II
8:18 P.M.
;
Fred C. Bailey, resident of Lexington and a Trustee of Choate-
Symmes Life Care, Inc. , gave a recap of the proposal. He said i
that the community shall consis� of three functional elements in-
cluding residential living units, health care facilities, and I
community spaces. Residents joining the community will pay an !
entrance fee. This entrance fee will be 90� refundable to the �,
individual or his/her estate when he/she leaves the facility.
There will also be monthly maintenance fees. Choate-Symmes Life �
Care, Inc. , shall enter into an agreement with the Town of Lex- �
ington to make a payment in lieu of real estate taxes of �
$175,000 in the first year of operation. A payment will be made !
each year thereafter with the amount adjusted proportionally to �
the change in the real estate tax rate. 8:50 P.M.
(Planning Judith J. Uhrig moved that the report of the Planning Board �
Board on Article 47 be accepted and placed on file. 8:50 P.M. �
Report)
Mrs. Uhrig said that a majority of the Planning Board recommends �
approval of this article. They feel that this is a suitable
location, convenient to shopping and not suitable for single ,
family housing. The facility is large but the tract of land is
also large. 8:52 P.M.
Mrs. Uhrig's motion that the report of the Planning Board on � i
Article 47 be accepted and placed on file was adopted by '
voice vote. 8:53 P.M.
John C. Eddison said that the Board of Selectmen, with William J.
Dailey, Jr. abstaining, unanimously supported this article. He
said that open land in this town is decreasing. He added that
the South Lexington Civic Association has raised the questions
of density and affordability and that he understands that they
will move to amend the motion by delaying this proposal for one
year. Mr. Eddison spoke in opposition to this delay.
9:07 P.M. '
i
__------- --------- --- ---- ------- -------,-:--- -
__ _--- ----- -- ----- __-, — --- ___
T--
(Adjourned Session of the 1986 Annual Town MEeting - Apri1 28, 198b) ��
Article 47. The following resident°� were recognized:
(Cont.) In Favor: Sheila Clemon-Karp; F. David Wells as a member of the
Board of Dana Home; Ann Groves, Carol Hess, William Scott.
Opposed: Alan B. Wade and Malcolm Kasparian. ' �
Carol J. Grodzins, James E. Barry and Marilyn Mairson all spoke
in opposition. Mrs. Mairson read a letter from a resident of
Barberry Road opposing this article and suggesting a moratorium on
building in the South Lexington area. 9:45 P.M.
At the request of Eric T. Clarke, Thomas Huebner, Chairman and
(�� Executive Vice President of the Choate-Symmes Life Care, Inc. was
I , recognized and explained that they had approached the Dana Home
� - Board last January and would like to merge with them, but the Board
would like to take a little time to study this move. 9:50 P.M.
Walter N. Leutz said that Life Care works and added that long term
care is expensive. He urged support. 9:52 P.M.
Julian J. Bussgang moved that the motion under Article 47 be amended
by adding at the end the words:
(Amend. "provided however that the "Special Conditions: Housing" section
adopted) of the Preliminary Site Development and Use Plan be amended to
require this development to be maintained as a not-for-profit
retirement community." 9:53 P.M.
Thomas Huebner stated that he had no objections to this amendment as
they intend to run this as a non-profit corporation. In response to
a question raised by Marjorie K. Madoff, Mr. Huebner stated that
over time, with inflation, fees will probably increase.
9:57 P.M.
Mr. Bussgang's motion to amend Article 47 was declared adopted
unanimously. 9:57 P.M.
�
Paul Riffin spoke in support of the article. 10:13 P.M.
Paul W. Marshall, Chairman of the Board of Selectmen, said that
if the meeting votes against this article, the area property will
be out of our control. It is not a rich man's kingdom. He added
that the Dana Home is not meeting the same things as Choate-Symmes
Life Care and he encouraged the meeting to vote for the article.
10:18 P.M.
Marian C. Reilly read a letter from Mr. and Mrs. Charles Ricci,
part owners of the property, who disapproved of the density.
10:19 P.M.
(Amend. Jacqueline B. Davison moved that Article 47 be referred to the
Lost) Planning Board for further consideration and report back to a fall
Town Meeting or to the next Annual �'b�n Meeting whichever comes first.
10:20 P.M.
Mrs. Davison voiced the opposition of the South Lexington residents
f-- to this proposal and explained that this is a large massive building
( � that would be constructed. She urged support of the motion to refer.
� 10:24 P.M.
��_..
Gloria V. Holland and Louise V. T. Kava supported the motion to refer.
Judith J. Uhrig said that the Planning Board urged defeat of referral
and said that the Board had studied this proposal for over a year.
10:27 P.M.
Mr. Huebner said that Choate-Symmes opposed the amendment to refer .
as they have tried take care of any objections as they were presented.
10:29 P.M.
Iris G. Wheaton spoke in favor of the proposal. 10:32 P.M.
Mrs. Davison's motion to refer was declared lost by voice vote.
10:33 P.M.
�� (Adjourned Sesson of the 1986 Annual Town Meeting - Apri1 28, 19$6) ;
i
Article 47. James Cataldo moved prev:__quest::, voice vote was doubted so a I
(Cont.) standing vote was taken as follows:
Precinct In Favor Tellers Abstain Opposed �
�
1 16 Nancy C. Gordon 2
2 14 Arthur C. Smith 1
3 6 Marilyn K. Mairson 13
4 10 Gale H. Nill 5
5 14 Julie F. Triessl 4
6 9 Alan J. Lazarus 10
7 11 Jacquelyn H. Ward 4 i
8 11 Roger F. Borghesani 1 '
9 8 Margaret E. Coppe 1 8
At Large 22 George A. Burnell 0 ;
Totals 121 1 48 I
Previous question prevailed. 10:37 P.M.
William W. Welch, Jr. asked that the vote, when taken, on the
main motion, as amended, be taken by a call of the roll. As '
more than the required fifty members stood in favor of a roll
call vote, the Moderator stated that the vote, when taken,
would be taken by a call of the roll. 10:39 P.M.
The roll call vote on the main motion as presented by Eric T.
Clarke and amended by Julian J. Bussgang was taken by the Town Clerk, I
Mary R. McDonough, starting at 10:42 P.M. and completed at
10:47 P.M. The final tally was completed at 10:52 P.M. and
announced by the Moderator at 10:57 P.M.
(See final results below)
Carol J. Grodzins asked that the Resolution adopted at the 1976 �
Town Meeting for the Town Meeting Members be read to the meeting
and the Moderator read the following:
Resolved that Town Meeting Members abstain from voting in any
particular matter in which to his knowledge, he, his immediate
family or partner, a business organization in which he is i
serving as officer, director, trustee, partner or employee, or �
any person or organization with whom he is negotiating or has �
any arrangement concerning prospective employment, has any '
economic interest in the particular matter under consideration.
10:53 P.M.
ROLL CALL VOTE ON MAIN MOTION, AS AMENDED, UNDER ARTICLE 47 I
i
PRECINCT ONE YES NO ABSTAINED ABSENT.
Joel A. Adler x
Nancy M. Adler x
James E. Barry x
Lois J. Barry x
David A. Bell x
Francis V. Busa x ;
�James Cataldo x �
Chang Chih Chao x I
Nancy C. Gordon x i
Frederick H. Hagedorn x I
Patricia K. Hagedorn x ---. i
i
Ronald Levy x ! ( �
John W. Maloney x J i
William H. McAlduff, Jr. x
Barry E. Sampson x
Edward P. Shannon x
James M. Shaw x
James S. Wilson x
Albert P. Zabin x
Judith L. Zabin x '
TOTALS 15 3 0 3
*James A. Cataldo x
I
i
_.---- --------- — -------___ _----- - --- ---__------___--__ --------
T------------_-r--- -----
(A�journed Session of the 1986 Annual Town Meeting = Apri1 2$; 1986) ��
. Article 47. ROLL CALL VOTE ON MAIN MOTION, AS AMENDED, UNDER ARTICLE 47 (CONT.)
(Cont.)
PRECINCT TWO YES NO ABSTATNED ABSENT
Elizabeth H. Clarke x
Eric T. Clarke X
Karen A. Dooks X
Leonora K. Feeney x
Casimir R. Groblewski x
Marita B. Hartshorn x
Jeff Licht X
Daniel A. Lucas X
I Lillian T. MacArthur x
�-- - Barry H. Marshall x
Michael J. 0'Sullivan X
Vicky L. Schwartz x
Arthur C. Smith X
� John J. Walsh X
Christina J. Welch X
William W. Welch, Jr. x
William S. Widnall X
Lynda A. Wik X
Alan B. Wilson X
Carolyn C. Wilson X
Donald D. Wilson x
TOTALS 18 1 0 2
PRECINCT THREE YES NO ABSTAINED ABSENT
Joy C. Buchfirer x
John P. Carroll X
Jacqueline B. Davison x
Suanne C. Dillman x
Jean Gaudet X
� Erna S. Greene x
Carol J. Grodzins x
Gloria V. Holland x
Donna M. Hooper X
Marjorie K. Madoff X
Marilyn K. Mairson X
John J. McWeeney x
Mary Edna Neumeier X
James P. Reilly X
Marian C. Reilly X
Paul V. Riff in X
Robert I. Rotberg X
Francis W. K. Smith x
Richard W. Souza X
Kathrine M. Whyte X
Robert C. Whyte x
TOTALS 10 10 0 1
PRECINCT FOUR YES NO ABSTAINED ABSENT
Gerald L. Abegg x
Nyles Nathan Barnert X
Julian J. Bussgang X
�� Stephen B. Cripps X
Dan H. Fenn, Jr. X
4.. _
Angela E. Frick X
Frederick C. Frick X
Katherine G. Fricker x
Donald R. Giller X
Martin A. Gilman x
Georgia S. Glick X
Peter C. J. Kelley x
Patricia W. McLaughlin x
Gale H. Nill X
Richard F. Perry x
Margaret F. Rawls X
Sandra J. Shaw x
�� (Adjourn2d S�ssion of the 1986 Annual Town Meeting - April 28, 19$6) i
i
Article 47. ROLL CALL VOTE ON MAIN MOTION, AS AMENDED, UNDER ARTICLE 47 (CONT.)
(Cont.) �
PRECINCT FOUR (Cont.) YES NO ABSTAINED ABSENT
Karsten Sorensen x
Ruth S. Thomas x
Judith J. Uhrig x
Martin K. White x
TOTALS 16 4 0 1
PRECINCT FIVE YES NO ABSTAINED ABSENT �� �
_.__.
Florence A. Baturin x �
Cynthia L.B�umsack x
Howard Cravis x
Wallace Cupp x
Marshall J. Derby x
Guy W. Doran x
Jonathan P. Doran x
Elaine Dratch x '
William M. Fraser x
Paul E. Hamburger x
John Hayward x
Leona W. Martin x
Eric Jay Michelson x i
Stephen W. Miller x �:
Paul Newman x
Diran M. Semonian x
Sam Silverman x
Patricia A. Swanson x
Julie F. Triessl x
Ephraim Weiss x {
David G. Williams x �
TOTALS 12 8 0 1 I
'�
.�
PRECINCT SIX YES NO ABSTAINED ABSENT ';
— — i
Margaret N. Brooke x i
Levi G. Burnell x
Shepard Anthony Clough x
Robert H. Domnitz x
Thomas E. Fortmann x �
Michael W. Golay x I
Edmund C. Grant x I
Elizabeth C. Haines x I
Florence Koplow x ;
Alan J. Lazarus x
Judith B. Marshall x
Joyce A. Miller x
Ruth Joyce Nablo x
Sam V. Nablo x
Setha G. Olson x i
Edith Sandy x
Frank Sandy x i
Susan S. Solomon x
William T. Spencer x
Lisabeth M. White x --�
John S. Willson x �
— — — — i � ,
,�..
TOTALS 14 6 0 1
PRECINCT SEVEN YES NO ABSTAINED ABSENT
Esther S. Arlan x
Elizabeth M. Barabush x '
George A. Burnell x
John R. Campbell x
Sally T. Castleman x
Renee T. Cochin x '
Stan N. Finkelstein x �
----- - ---- -- -----
r---
— ,---- __ ------.._____----. _ _ __ ----- ----- -
(Adjourned Session of the 1986 Annual Town Meeting - April 28, 19$6)
59
Article 47. ROLL CALL VOTE ON MAIN MOTION, AS AMENDED, UNDER ARTICLE 47 (CONT.)
(Cont.)
PRECINCT SEVEN (Cont.) YES NO ABSTAINED ABSENT
Winifred L. L. Friedman x
Lloyd Gilson x
Clarice B. Gordon x
Marvin H. Greenberg x
Marthur H. Kalil x
Walter N. Leutz x �
William J. Scouler x
' John E. Taylor x
Jacquelyn H. Ward x
John E. Ward x
Iris G. Wheaton x
Robert V. Whitman x
Richard B. Wolk x
• Martha C. Wood X
TOTALS 17 2 0 2
PRECINCT EIGHT YES NO ABSTAINED ABSENT
Donald L. Bailey x
Margery M. Battin x
Richard H. Battin x
Roger F. Borghesani x
Florence E. Connor X
William P. Fitzgerald x
Ione D. Garing X
Benjamin H. Golini x
Gerald A. Heggie x
Sharon MacDonald x
Anthony L. Mancini X
A. Patricia McCabe �
' James M. McLaughlin x
, _ _ Richard A. Michelson x
Gordon R. Osgood X
Susan G. Plumb X
Jack Sarmanian X
Sheldon A. Spector x
Carolyn H. Tiffany x
Stanley E. Toye X
Christopher B. Williams X
TOTALS 15 4 0 2
PRECINCT NINE YES NO ABSTAINED ABSENT
Alice J. Adler X
Brian Michael Adley X
Kenneth 0. Alves x
Diane C. Aronson X
Gordon E. Barnes, Jr. x
Jacqueline P. Bateson X
Jane P. Buckley X
L. Gail Colwell X
Ronald W. Colwell x
Margaret E. Coppe X
! Daniel Friedlander x
-- Neil Gray X '
Deborah B. Green X
Louise V. T. Kava X
William P. Kennedy x
Eleanor H. Klauminzer x
Paul E. Mazerall x
Janet Perry X
Richard M. Perry x
Fred D. Rosenberg X
James J. Scanlon x
TOTALS 11 7 1 2
J
�.� (Adjourned Session of the 1986 Annual Town Meeting - Apri1 28, 1�86)
i
Article 47. ROLL CALL VOTE ON MAIN MOTION, AS AMENDED, UNDER ARTICLE 47 (CONT.)
(Cont.)
TOWN MEETING MEMBERS AT LARGE YES NO ABSTAINED ABSENT
Ndrman P. Cohen x �
Lincoln P. Cole, Jr. x
William J. Dailey, Jr. x
Stephen W. Doran x I
John C. Eddison x I
Paul W. Marshall x
Mary R. McDonough x
Leo P. McSweeney x
Jacquelyn R. Smith x _ _ _ �
TOTALS 7 0 1 1 �
TOTAL TALLY OF ROLL CALL VOTE
PRECINCT YES NO ABSTAINED ABSENT TOTALS
1 15 3 0 3 21
2 18 1 0 2 21
3 10 14_. 0 1 21
4 16 4 0 1 21
5 12 8 0 1 21
6 14 6 0 1 21
7 17 2 0 2 21
8 15 4 0 2 21
9 11 7 1 2 21
At Large 7 0 1 1 9 �
TOTALS 135 45 2 16 198 i
I
More than the required two-thirds having voted in favor, the main i
motion, as amended, was declared adopted. 10:57 P.M. i
(MAIN MOTION AS PRESENTED BY ERIC T. CLARKE, AND AS AMENDED BY '
JULIAN J. BUSSGANG, AND AS ADOPTED: i
(As MOTION: That the Zoning By-Law of the Town be amended by changing the zoning ;
adopted) district designation of the land on the easterly side of Waltham Street '
abutting the Waltham/Lexington town line, containing 28.89 acres of land,
roved
more or less, as more fully described in Schedule A, attached hereto (the I
byPAtty. '�Site") , from R0, One Family Residential, to RD, Planned Residential �
General Development, as herein specified, all in accordance with a preliminary site i
July 23, development and use plan dated April 18, 1986, and filed with the Town Clerk
1986) and the Planning Board, and that not more than 0.5 acres of land within the i
Site, as shown on said preliminary site development and use plan, is author-
ized to be used for off-street parking for the office buildings of ;
Haynes Management, Inc. at 1020-1050 Waltham Street, provided that such
parking spaces are not to be credited toward any expansion of those
office buildings and that such uses are subject to Special Permit with
Site Plan Review approval pursuant to Section 8.3 of the By-Law.
�
SCHEDULE A
LAND TO BE REZONED
A certairi parcel of land, located in the southerly part of the Town i,
of Lexington, bounded and described as follows: � �
Beginning at a point on the easterly line of Waltham Street:
NORTHERLY by land now or formerly of Gardencrest Inc. , and land
now or formerly of the Town of Lexington, as shown on
a plan hereinafter mentioned, on four (4) lines,
comprising in the aggregate a total of 1871.97 feet;
EASTERLY by land now or formerly of the Town of Lexington, and
land now or formerly of the County of Middlesex, as
shown on said plan, on two (2) lines, comprising in �
the aggregate a total of 1,700.20 feet;
--------- — -_ - ---- ---_.. ------------l-- _____r----__ --------_ ___ ---__
(Adjourned Session of the 1986 Annual Tawn Meeting - April 28, 19$6) �1.
Article 47. (MAIN MOTION AS PRESENTED BY ERIC T. CLARKE, AS AMENDED BY JULIAN
• (Cont.) J. BUSSGANG AND AS ADOPTED; (Cont.)
SOUTHERLY by land now or formerly of the County of Middlesex,
as shown on said plan, on one (1) line, comprising
235.46 feet;
SOUTHERLY by the town line separating the Town of Lexington
and the City of Waltham, as shown on said plan, on
one (1) line, comprising 549.47 feet;
WESTERLY by land now or formerly of G. Arnold Haynes, Inc. ,
as shown on said plan, on one (1) line, comprising
- 889.53 feet;
SOUTHERLY by land now or formerly of G. Arnold Haynes,Inc. ,
as shown on said plan, on one (1) line, comprising
166.10 feet;
WESTERLY by the easterly line of Waltham Street, as shown on
said plan, on one (1) line, comprising 110 feet.
Containing 28.89 acres, more or less, and being shown on a plan
entitled "Plan of Land in Lexington, Mass. , To Be Rezoned" dated
December 13, 1985, prepared for Choate-Symmes Life Care, Inc. by
BSC-Bedford, 18 North Road,. Bedford, Mass. , Donald J. Forand,
Professional Land Surveyor _provided however that the "Special
Conditions: Housing" section of the Preliminary Site Development
and Use Plan be amended to require this development to be main-
tained as a not-for-profit retirement community.
In Favor: 135 Opposed: 45 (See Page 60)
More than the required two-thirds having voted in favor, the main
motion, as amended, was declared adopted. 10:57 P.M.)
�� Article 2. REPORTS OF TOWN OFFICERS, BOARDS, COMMITTEES
� .
Michael J. 0'Sullivan, Chairman of the Appropriation Committee,
announced that Richard M. Perry, Comptroller, was sitting for the
last time as an Ex-Officio member of the Appropriation Committee
as he would be retiring on April 30, 1986. He spoke of the twenty
years that Mr. Perry had worked for the Town of Lexington and of
the contributions that he had made in that time. After this
tribute and the fact that he would be sorely missed, Mr. Perry was
given a standing ovation by the meeting. Mr. 0'Sullivan added that
Mr. Perry would still be attending the meetings, but as an elected
Town Meeting Member from Precinct Nine. 10:58 P.M.
Paul W. Marshall moved that this meeting be adjourned to Wednesday, May 7,
1986 at 8 P.M. in Cary Memorial Hall. This motion was declared adopted at
10:59 P.M.
A true copy.
���
�--- Attest:
i' , =��,
� . ;
Mary R. McDonough, Town Clerk
Article 51. See Page 72.
62 '
ADJOURNED SESSION OF THE 1986 ANNUAL TOWN MEETING
HELD MAY 7, 1986
The meeting was called to order at 8 P.M. in Cary Memorial Hall by the
Moderator, Lincoln P. Cole, Jr.
I
There were 176 Town Meeting Members present.
Invocation offered by Rabbi Abraham Perelmuter, Chabad Center. 8:02 P.M. I
I
Jacqueline B. Davison, Chairman of the Town Meeting Members Association,
said that the TMMA wished to honor Mary R. McDonough, Town Clerk, on her
retirement after forty-five years of service to the town. On behalf of the I j
TMMA the following gifts were presented: the town clerk's table, with
maroon skirt attached; corsage (Karen A. Dooks) ; gavel made by Cornelius P.
ass for a ear on LEXPRESS (Sall T. Castleman) . �
Cronin (Arthur C. Smith) ; p y y
8:11 P.M.
State Representative Stephen W. Doran read a resolution from the House of
Representatives and also presented one from Michael S. Dukakis, Governor.
8:16 P.M.
Paul W. Marshall, Ghairman of the Board of Selectmen, read the following:
RESOLUTION
WHEREAS the Town of Lexington is losing the services of its outstanding
Town Clerk, Mary McDonough, after approximately forty-five years of out-
standing service with the Town, and j
WHEREAS we, the Board of Selectmen, on behalf of all citizens of the
Town want to acknowledge that outstanding service, and �
WHEREAS the Board wants to especially acknowledge the competence, integrity
and non-partisan approach to her duties, and
WHEREAS she has consistently run a model operation during periods of �
tremendous change and fiscal constraint, and ,
WFiEREAS she has been unfailingly helpful to citizens seeking guidance on
Town administration, voter registration and procedures relating to elections
and public service, and
WHEREAS she has an outstanding sense of humor and a warm friendly smile ;
that has brought understanding to all around her, and i
WHEREAS this is the last Town Meeting that she will serve as Town Clerk, �,
NOW THEREFORE, we, the Board of Selectmen, on behalf of the community say:
"Thank you, well done, to Mary McDonough, an outstanding public servant." �
LEXINGTON BOARD OF SELECTNIEN �
i
Paul W. Marshall ;
,Fohn C. Eddison �
i
William J. Dailey, Jr. �
Jacquelyn R. Smith �
Leo P. McSweeney
8:17 P.M. �
Michael J. 0'Sullivan, Chairman of the Appropriation Committee, said that I
"eleven years ago, 1975 to be exact, the Appropriation Committee filed under
Article 2, - a report that was computer generated and expressed the sentiment
of the committee, then. Perhaps, some of you remember, it was a computer i
banner listing that stretched from one end of this stage to the other. It
said: " 1775 - 1975 . . . WE ARE ALL HEART! " '
Since then, Mary McDonough has accused both, the Appropriation Committee i
and that listing as being the chief culprit in exhausting the file storage �
area for Article 2 reports in the Town Clerk's office. Tonight, the Appro- �
priation Committee wants to impact again that storage facility with another ; �
I
computer generated report, while Mary is still Town Clerk.
However, a lot has happened with technology in eleven years, . . . the 256K- .
chip memory module, . . . in general things are smaller, faster and less costlier. �
Therefore, we are now filing under Article 2, another computer generated
report - that has diminished greatly in size from the 1975 report; but has
increased significantly in sentiment. It reads: " 1942 - 1986 . . . Mary R.
McDonough . . . YOU ARE ALL HEART! "."
8:20 P.M.
Moderator, Lincoln P. Cole, Jr. said that he and the Town Clerk made a "great
team" and he had not worked with any other. 8:21 P.M.
___..------- ____ _-----__ ----- - - - - --- ----- -_ _—__ ----
-1--- ------- -
(Adjourned Session of the 1986 Annual Town Meeting - May 7, 1986) ��
Article 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
James M. McLaughlin gave an oral report of. the Lexington Housing
Authority. He added that the Commissioners wanted to thank the
town meeting for giving the house on Bedford Street to the authority.
8:25 P. M.
Alan J. Lazarus moved that the report of the Hazardous Substance
System Review Committee be accepted and placed on file.
Adopted unanimously. 8:27 P.M.
�
�Joyce Miller moved that the report of the Conservation Commission
be accepted and placed on file.
Adopted unanimously. 8:31 P.M.
Paul W. Marshall moved that the Board of Selectmen's report on
Fair Housing Resolution be accepted and placed on file.
Adopted unanimously. 8:32 P.M.
Sam V. Nablo moved that the report of the Recreation Committee
be accepted and placed on file. 8:32 P.M.
Mr. Nablo asked that Recreation Director, Joan Halverson be
recognized. Miss Halverson gave an explanation of the report
with the aid of slides showing some of the gifts received.
8:36 P.M.
Report of Recreation Committee was unanimously accepted and
placed on file. 8:37 P.M.
John C. Eddison moved that the report under Article 2 on Volunteer
Appreciation be accepted and placed on file.
Adopted unanimously. 8:40 P.M.
The Moderator stated that Article 2 would remain open throughout the meeting.
Paul W. Marshall moved that Article 35 be taken off the table. (See Page 25)
Adopted unanimously. 8:40 P.M.
Article 35. BUILDING MAINTENANCE
Presented by Paul Newman.
MOTION: (a) That $12,220,000 is appropriated for remodeling, re-
constructing and making extraordinary repairs to school buildings,
(See including the school administration building, for constructing,
Page originally equipping and furnishing additions to school buildings and
' 71 for
� for school department equipment; that to meet this appropriation the
� motion Treasurer with the approval of the Selectmen is authorized to borrow
as �12,220,000 under Chapter 645 of the Acts of 1948 as amended or
adopted) under G.L, c. 44, s. 7 as amended; and that the Permanent Building
Committee is authorized to take all action necessary to carry out
this project.
(b) That $300,000 is appropriated for remodeling, reconstructing
and making extraordinary repairs to the Bridge School and that to
raise this amount $300,000 shall be transferred from the Insurance
Reimbursement Account.
8:42 P.M.
i
��. (Adjourned S�ssion o� the 1986 Annual Town Meeting - May 7, 19$6)
I
Article 35. Paul Newman gave a short history of events leading to this motion.
(Cont.) 8:50 P.M.
William P. Kennedy, Chairman of the Permanent Building Committee, �
�
after introducing his committee, spoke in regards to the building i
upgrading totals - Option 3 .and said that the recommended total ,
is $12,220,049. 9:04 P.M. I
Lynda A. Wik, School Committee Member, was recognized for a second
time before she started as she had a long explanation. She stated '�
that her report was in two parts - educational training and educa-
tional program costs and then proceeded to show slides along with
her talk. 9:28 P.M. �
Paul Newman, School Committee Member, explained that the report i
that was filed (April 28, 1986 - Page 53) was large and the amount
of money is also large:but Option 3 is the lowest that they could
go. Many of the facilities do not meet with current state standards. i
9:33 P.M.
Paul W. Marshall, Chairman of the Board of Selectmen, said that
the question is "Can we finance the bonds?". He asked that the
Town Manager, Robert M. Hutchinson, Jr. be recognized.
9:33 P.M.
Mr. Hutchinson told the meeting that we can finance in FY87 and
FY88 but could run into problems in FY89. With the aid of a view ;
graph, Mr. Hutchinson went over the budget figures showing the �
amount of $938,283 for debt service in FY87 and a drastic increase
in FY88. He added that interest rates right now are the best that
they have been in years and he hopes that the meeting would adopt 1
this program. 9:43 P.M.
Michael J. 0'Sullivan, Chairman of the Appropriation Committee, �
also went over the budget figures and said that although a majority �
of the members of his committee would like to support this program, I
a majority of the members cannot support this article as it is �
presently constituted. 9:52 P.M.
I
Esther S. Arlan, member of the Capital Expenditures Committee, !
said that the committee had many concerns relating to this article.
They do recognize the need for handicapped access and roofing but,
at the proper time, will present an amendment to postpone the '
article to a time certain. 9:55 P.M.
Paul W. Marshall said that a majority of the Board of Selectmen �
(three members) supports the School Committee and the Permanent
Building Committee although a majority of the of the board would
support taking out the administration building. He assured the �
meeting that if the state will not give the 60� reimbursement,
the Selectmen will come back to town meeting. They will not
borrow if they do not have money in hand. A majority of the '
board would like to go ahead now but are prepared to give more
time for discussion but would hate to go to late May. He
repeated that a majority of the Selectmen support this article.
10:01 P.M.
I
Penny Hart of 64 Bloomfield Street, favoring the program, spoke I
of the stage at the high school, and as a member of the Bicentennial �
Band said that the stage was small and dingy. 10:05 P.M.
i
' I
, ,
(Amend. Albert P. Zabin moved that the main motion be amended by �sub-
adopted) stituting the sum $11,870,000 for the sum of $12,220,000.
10:06 P.M.
Mr. Zabin explained that this decrease was to eliminate the adminis-
tration building. Mr. Newman said that there isn't any available
space for administrative offices and the current offices are not ,
satisfactory. He urged defeat of the amendment. 10:13 P.M. ;
Mr. Z.abin's motion to amend was declared adopted by voice vote, which
was doubted by John J. McWeeney and more than the required twenty
members, so a standing vote was taken as follows:
__-- ---- --- ----- -__--- --- ___---�--- ----_,------- - . - --- -__..—____ ___- _--------
(A�jourried Session of the 1986 Annual Town Meeting - May 7, 19$6) ��
Article 35. (Standing vote on Zabin amendment:)
(Cont.)
Precinct In Favor Tellers Abstain Opposed
1 14 Nancy C. Gordon 5
2 6 Arthur C. Smith l 9
3 6 Marilyn K. Mairson 11
4 9 Gale H. Nill 6
5 8 Julie F. Triessl 7
6 7 Alan J. Lazarus 1 7
7 11 Jacquelyn H. Ward 4
� 8 15 Roger F. Borghesani 1
� � 9 14 Margaret E. Coppe 4
At Large 16 John R. Campbell 8
Totals 106 2 62
Mr. Zabin's motion to amend the main motion was adopted. 10:17 P.M.
Mrs. Suzanne John, 19 Saddle Club Road, spoke in favor. 10:17 P.M.
Sam Silverman gave his personal tribute to the retiring Town Clerk.
He then said that he favored the postponement to a time cer.tain as
mentioned by the Capital Expenditures Committee. 10:24 P.M.
The Town Manager told the meeting that we can`t delay too long
because of the administrative procedures that must be followed in
preparation of a bond issue .which could take thirty days or more.
July would not be a good time to float the bonds. 10:28 P.M.
�, Paul Newman served notice of reconsideration of Albert P. Zabin's motion to
amend the main motion. 10:28 P.M.
� __
Article 35. Donald J. Gillespie, Jr. , 4 Fairland Street, spoke of the safety
(Cont.) of the high school auditorium and the poor lighting of the stage.
He urged support. 10:29 P.M.
Peter C. J. Kelley said that he is in favor of xenovating schools
but does not like to see it rushed through. 10:32 P.M.
William P. Kennedy said that the Permanent Building Committee did
not evaluate Maria Hastings School regarding classroom space as it
is to be closed in June of this year. 10:33 P.M.
Marcia M. Stille, 5 Hawthorne Road spoke in favor of the program.
10:35 P.M.
Robert I. Rotberg would hope to consider moves to reduce the
amount of appropriation. 10:42 P.M.
Geoffrey Pierson, Superintendent of Schools, showed slides of
school enrollment and under enrollment; comparison of Hi/Lo enroll-
�' ments with building capacities; projected enrollment data by elementary
schools for 1986-1996. 10:56 P.M. (See Page
Paul W. Marshall moved to adjourn this meeting to Monday, May 12, 1986 at
8 P.M. in Cary Memorial Hall. 10:57 P.M.
Robert I. Rotberg said that Wednesday would give more time for study but Mr. Mar-
shall felt that there should not be any more delay.
10:57 P.M.
�� (Adjourned Session of the 1986 Annual Town Meeting - Maq 7, 1986)
James M. McLaughlin asked if Article 35 was capable of being separated for
voting purposes. The Moderator answered in the affirmative and added that, at
the proper time, he would ask for a separate vote on sections (a) and (b) .
10:58 P.M. ,
Julian J. Bussgang wondered about having a hearing before another town
meeting. Mr. Marshall answered that a town meeting is a hearing. If a separate
hearing was held, attendance would not be as good as a town meeting where votes !
are taken, and the information would have to be repeated for those not in �
attendance at the hearing.
Mr. Marshall's motion to adjourn this meeting to Monday, May 12, 1986 at '
8 P.M. in Cary Memorial Hall was declared adopted by voice vote. � �
10:59 P.M.
A true copy. �'
Attest:
i
�',�� P. 7Y�v ����,�.��.
�
Mary R. McDonough, Town Clerk
I
I
I
,� �
�
• ,
,
I�
i
I
i
�
�
i
i
�
I
I
I
i
� I
,
____ __ ------- _-- -_ ___,-- --_ __—._ __ __-- — ___—_— ---- ---- ,__
j- -----
I
67
ADJOURNED SESSION OF THE 1986 ANNUAL TOWN MEETII�G
HELD MAY 12, 1986
The meeting was called to order in Cary Memorial Hall at 8:05 P.M. by the
Moderator, Lincoln P. Cole, Jr.
There were 170 Town Meeting Members present.
Invocation offered by Reverend Susan L. Geissler, Church of Our Redeemer,
Episcopal. 8:.07 P.M.
'�'i The Moderator informed the meeting that British Television, Channel 4 was
� filming the meeting for future showing in England. They have been going around
` - the United States filming various events in order to get the feel of the people
in this country and how they live .and govern. 8:08 P.M.
The Moderator said that the meeting would now continue on Article 35, which
is open, where it left off at the last meeting. (See Pages 63-66)
Article 35. (See Pages 63-66) BUILDING MAINTENANCE
(Cont.)
(Main motion presented by Paul Newman - See Page 63)
(Amended motion presented by Albert P. Zabin - See Page 64)
(Both of the above presented at the May 7, 1986 session)
Paul Newman, School Committee Member, said that the net increase
(See in classr000ms when schools open next September is three. Even if
Pa e Hastings was not closing, it would be just the same. Keeping Maria
g Hastings open does not change any of the things they are planning to do.
�l There will be no new classrooms in Bridge or Bowman Schools; Estabrook
for
adopted will have two new classrooms built in the front lobby - the net gain
motion.)
will be one additional classroom; net gain in Fiske School will be
one classroom; Harrington additon of one classroom. There will be
a total of three new classrooms throughout the town.
8:18 P.M.
� Margaret F. Rawls felt that Maria Hastings School could remain open
�` until reconstruction of other schools so that the children would not
be disrupted. 8:25 P.M.
William P. Kennedy, Chairman of the Permanent Building Committee,
said that construction could not be done just in the summertime as
� this is a three year program and added that there will be some
disruption. 8:28 P.M.
In response to a question raised by William W. Welch, Jr. , the
Moderator stated that the only division for-_voting that could be
made would be for parts (a) and (b) and this would be done.
8:31 P.M.
Throughout the evening the following citizens were recognized,
all speaking in favor of the article:. David Nosnik, 10 Hudson Road;
Elizabeth B. Westfall, 106 Kendall Road; Barbara Bailey, 84 Reed
Street; Sylvia L. Schatz, 135 Worthen Road.
James E. Barry, speaking against the article, said that he felt
that this is a little too much and thinks that the School Committee
should step back and do more studying. 8:53 P.M.
Walter N. Leutz explained that he supports the remodeling as an
�' idea but opposes very strongly the financing. 9:03 P.M.
Sally T. Castleman voiced many concerns relating to Estabrook School.
9:10 P.M.
(Amend. William W. Welch, Jr. moved that the motion be amended to reduce the
Lost) sum of $11,870,000 each time it appears in the motion to $7,410,000.
9:10 P.M.
Mr. Welch explained that he did not want his amendment to prevail
but just wished to bring out discussion and possible other amendments.
9:13 P.M.
�� (Adjourned Session of the 1986 Annual Totm Meeting - May 12, 19$6)
I
Article 35. William J. Dailey, Jr. wondered if Mr. Welch would accept an amend-
(Cont.) ment to his amendment. Therefore, Mr. Dailey moved that the amend-
ment of Mr. Welch be amended to change the figure $7,410,000 to
$5,500,000. 9:17 P.M. i
After some discussion, the Moderator reads Mr. Dailey's motion to
amend. 9:28 P.M.
�
Sharon MacDonald wondered about the stability of the school system �
and Albert P. Zabin said that the School Committee had well docu-
mented needs. He added that if there are any questions, the time
to ask them is now. He favored ado�;tion of the article. � '
i
9:34 P.M. ;
Robert I. Rotberg, speaking on the amendment to the amendment, said �
that he felt that it is a sensible amendment and feels that it
should be adopted. 9:38 P.M.
i
James E. Barry agreed with Mr. Rotberg and asked if the main
motion needed a two-thirds vote. The Moderator said that part (a)
needed a two-thirds vote and part (b) needed a majority vote.
9:38 P.M.
Voice vote on Mr. Dailey`s motion to amend Mr. Welch's amendment
was doubted by the Moderator, so a standing vote was taken as
follows: �
Precinct In Favor Tellers Opposed i
1 15 Nancy C. Gordon 3
2 9 Arthur C. Smith 8
(Amend. 3 10 Marilyn K. Mairson 8
Lost) 4 1 Gale H. Nill 12
5 9 Julie F. Triessl 5 �
6 4 Alan J. Lazarus 12 �
7 8 Jacquelyn H. Ward 4
8 14 Roger F. Borghesani 3 �
re E Co e 5
9 10 Marga t . pp �
At Large 12 John R. Campbell 10 �
Totals 92 7� I
Mr. Dailey's motion to amend Mr. Welch's amendment declared ,
adopted. 9:46 P.M. '
�
Paul W. Marshall, Chairman of the Board of Selectmen, urged defeat �,
of Mr. Welch's amendment as amended by Mr. Dailey. 9:47 P.M. ��
I
Mr. Welch's amendment as amended by Mr. Dailey declared lost by �
voice vote. 9:48 P.M.
�
(Amend. Anthony L. Mancini moved that the motion be amended by striking the
Lost) sum of $11,870,000 and substituting therefore the sum of $7,600,000.
9:50 P.M. I
Mr. Mancini explained that this decrease would be to strike out the �
educational programs changes. 9:51 P.M. �
Mr. Mancini`s motion to amend was declared lost by voice vote.
10:05 P.M. ----}
�
Joy C. Buchfirer urged support of the article and for the full i
appropr�ation. 10:13 P.M.
Mary Edna Neumeier moved that we insert the following words after
��St� the words "repair to school buildings, in the first sentence of the
(See main motion -
i
Page "including all building code fire sprinkler items that would be
69.) required of a new school built in Lexington." And further to
change the figure $11,870,000 be amended to read $13,000,000.
10:13 P.M.
�
--- _— --------- __ _--- ---- -T--- -----
-__ ------ --_- -- _
1------
(Adjdu�ned Session of the 1986 Annual Town Meeting - Maq 12, 1986�
��
Article 35. Arthur C. Smith moved that debate on this article be closed at
(Cont.) 10:40 P.M. 10:15 P.M.
Paul W. Marshall asked what impact this motion would have on recon-
sideration and the Moderator answered "None". 10:15 P.M.
Robert I. Rotberg said that he thought that Mr. Smith's motion was
unfair and urged defeat. 10:18 P.M.
Mr. Smith's motion to close debate on this article at 10:40 P.M.
was declared adopted by voice vote, which was doubted by more than
I twenty members, so a standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 1 Nancy C. Gordon 16
2 10 Arthur C. Smith 5
3. 3 Marilyn K. Mairson 10
4 4 Gale H. Nill 8
5 3 Julie F. Triessl 11
6 2 Alan J. Lazarus 14
7 5 Jacquelyn H. Ward 6
8 4 Roger F. Borghesani 11
9 7 Margaret E. Coppe 7
At Large 10 John R. Campbell 12
Totals 49 100
Mr. Smith's motion that debate on this article be closed at 10:40 P.M. -
does not prevail. 10:20 P.M.
The Moderator read the motion to amend as offered by Mary Edna
Neumeier (See Page 68) . 10:21 P.M.
Mrs. Neumeier's motion to amend was declared lost by voice vote.
10:32 P.M.
Donna M. Hooper said that she felt that this proposal was being
rushed along because of the tax benefits and asked to what degree
does the project have to be funded. 10:37 P.M.
Robert M. Hutchinson, Jr. , Town Manager, said that he and Geoffrey
Pierson, Superintendent of Schools, had met with the SBA and the
minimum reimbursement that the town would receive would be 60� but
they will try to get more. 10:38 P.M.
Gerald L. Abegg hoped that we could vote on the bond issue at this
time and have the School Committee come back to a fall town meeting
for a public forum. 10:39 P.M.
School Committee Member, Shepard Anthony Clough said that the School
Committee and the Permanent Building Committee are committed to
holding public hearings. 10:40 P.M.
(Amend. William J. Dailey, Jr. moved that the motion be amended to reduce
Lost. the sum of $11,870,000 each time it appears in the motion to
� See $8,300,000. 10:40 P.M.
Page
�_ ��•) Mr. Dailey explained his motion to amend. 10:46 P.M.
Sharon MacDonald said that this is the first proposal that she feels
that she can go along with and asked where this would place us in the
next few years. Mr. Hutchinson said that there would still be a
crunch in 1989. 10:47 P.M.
Robert H. Domnitz moved that this meeting be adjourned to Wednesday, May 14,
1986 at 8 P.M. in Cary Memorial Hall. 10:48 P.M.
�� (A�journed S�ssion of the 1986 Annual Town Meeting - May 12, 1986)
Robert I. Rotberg asked that if we adjourned to Wednesday, would there be
time for the Board of Selectmen to check on the new federal law. He suggested
that we may want to wait. 10:50 P.M.
i
Mr. Marshall said that they are not intending to contact the tax bill writers �
in Washington and added that if this article is defeated, the Selectmen will
ask for a summer town meeting. 10:50 P.M. �
Mr. Domnitz's motion to adjourn this meeting was declared lost by voice vote. �
10:52 P.M.
�
► 1� I
Article 35. Ronald Levy spoke in favor of Mr. Dailey s motion to amend.
(Cont.) 10:54 P.M.
Eric T. Clarke moved the previous question which was declared
adopted by voice vote, which was doubted by more than twenty �
members, so a standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 6 Nancy C. Gordon 10
2 11 Arthur C. Smith 3
3 10 Marilyn K. Mairson 8 i
4 6 Gale H. Nill 8
5 6 Julie F. Triessl 7
6 0 Alan J. Lazarus 12 �
7 4 Jacquelyn H. Ward 6
8 12 Roger F. Borghesani 4
9 7 Margaret E. Coppe 6 i
At Large 18 John R. Campbell 4
Totals 80 68 j
I
Previous question prevails. 10:58 P.M.
i
Jacqueline B. Davison asks that a roll call vote be taken on the
main motion. 10:59 P.M. I
The Moderator asked for a standing vote on the roll call vote as
follows: '
Precinct In Favor Tellers ;
1 11 Nancy C. Gordon �
2 6 Arthur C. Smith
3 12 Marilyn K. Mairson '
4 6 Gale H. Nill
5 1 Julie F. Triessl
6 4 Alan J. Lazarus i
7 2 Jacquelyn H. Ward �
8 0 Roger F. Borghesani !
9 1 Margaret E. Coppe �
At Large 3 John R. Campbell
Total 46
Less than the required fifty members favoring a roll call vote on i
the main motion under Article 35, roll call does not prevail. �
i
11:02 P.M. '
Mr. Dailey's motion to amend (see page 69) was declared lost by �
voice vote. 11:02 P.M. j
James C. Beck and Florence Koplow, both members of the School '
Committee, gave short explanations and urged support of the article.
11:12 P.M.
At `the request of Iris G. Wheaton, the Moderator read part (a} of the �
main motion, as amended. 11:13 P.M.
_---------__----------___ - ----__---- ___-- - --------__-------- — .__
f-------
71
(Acljourned Session of the 1986 Annual Town Meeting - May 12, 1986)
Article 35. Part (a) : Voice vote on part (a) , as amended, was not unanimous,
(Cont.) so a standing vote was taken as follows:
(William W. Welch, Jr. (Pr. 2) and Elizabeth C. Haines (Pr. 6)
abstained from voting.)
Precinct In Favor Tellers Abstained Opposed
1 10 Nancy C. Gordon 7
2 14 Arthur C. Smith 1 2
3 13 Marilyn K. Mairson ;5
i 4 7 Gale H. Nill 6
5 9 Julie F. Triessl 5
6 13 Alan J. Lazarus 1 1
7 7 Jacquelyn H. Ward 6
8 9 Roger F. Borghesani 7
9 11 Margaret E. Coppe 3
At Large 17 John R.. Campbell 8
Totals 110 2 5p
(Ronald Levy questioned that the words "school administration
• building" were in the motion although Albert P. Zabin's amendment,
which was adopted, was to omit any reconstruction of this building.
The Moderator answered that the motion before the meeting included
those words as Mr. Zabin's amendment did not 'remove them. His
motion only decreased the appropriation.)
Part (a) : Main motion as presented by Paul Newman and amended by
Albert P. Zabin, was adopted as more than the required
two-thirds had voted in favor. 11:18 P.M.
Part (b) : As presented by Paul Newman, declared adopted unanimously.
11:18 P.M.
(Main motion as presented by Paul Newman, amended by Albert P.
, Zabin and as adopted:
(As MOTION: (a) That $11,870,000 is appropriated for remodeling,
adopted) reconstructing and making extraordinary repairs to school buildings,
including the school administration building, for constructing,
originally equipping and furnishing additions to school buildings
and for school department equipment; that to meet this appropriation
the Treasurer with the approval of the Selectmen is authorized to
borrow $11,870,000 under Chapter 645 of the Acts of 1948 as amended
or under G.L. c. 44, s. 7 as amended; and that the Permanent Building
Committee is authorized to take all action necessary to carry out
this project.
In Favor: 110 Opposed: 50 Abstained: 2
Adopted 11:18 P.M.
(As (b) That $300,000 is appropriated for remodeling, reconstructing
adopted) and making extraordinary repairs to the Bridge School and that to
raise this amount $300,000 shall be transferred from the Insurance
Reimbursement Account.
Adopted unanimously. 11:18 P.M.)
Paul W. Marshall moved that line item ��8525 (Article 4, See Book 22, Page 555)
,::``_be:`;.taker=.off the table. 11:18 P.M.
Ephraim Weiss moved that this meeting be adjourned to Wednesday, May 14, 1986
at 8 P.M. in Cary Memorial Hall. This motion was defeated by voice vote. 11:19 P.M.
Mr. Marshall`s motion to take line item ��8525 off the table was adopted by
voice vote. 11:20 P.M.
S L� (Adjourned Session of the 1986 Annual Town Meeting - May 12, 1986) ,
Article 4. OPE1rATING BUDGET �
Presented by Paul W. Marshall.
8525 MOTION: That the sum of $656,000 be appropriated for line item I
��8525, and that such amount be raised in the tax levy.
Adopted by voice vote. 11:21 P.M.
i
Paul W. Marshall moved that Article 29 be taken off the table. This motion ,
was adopted by voice vote. 11:21 P.M. ir i
(See Page 14)
Article 29. PINE MEADOWS GOLF COURSE �
I
Presented by Paul W. Marshall.
MOTION: That this article be indefinitely postponed.
Adopted by voice vote. 11:22 P.M.
I
Ephraim Weiss moved reconsideration of Article 38. 11:22 P.M. (See Page 26) .
Mr. Weiss explained that he felt that exempting POW's from paying motor I
vehicle excise taxes was a bad policy as it picking out a certain group. I
11:25 P.M.
Joel A. Adler spoke in favor of reconsideration of Article 38. 11:27 P.M. !
Motion to reconsider Article 38, as offered by Mr. Weiss, was defeated by
voice vote. 11:28 P.M. i
; �
Robert H. Domnitz moved reconsideration of Article 35. 11:28 P.M. '
Mr. Domnitz explained that he wished to add a resolution, regarding the I
closing of Maria Hasting School, to Article 35. 11:30 P.M.
Motion to reconsider Article 35, as offered by Mr. Domnitz, was defeated by '
voice vote. 11:30 P.M. i
Elaine Dratch moved reconsideration of Article 15. 11:30 P.M. '�
This motion was defeated by voice vote. 11:33 P.M. I
I
�
• I
Article 51. USE OF FUNDS TO REDUCE TAX RATE I
Presented by Paul W. Marshall.
MOTION: That the sum of $1,469,315 be appropriated to reduce the �
tax levy for the fiscal year beginning July l, 1986, and that �
such amount be transferred from the Excess and Deficiency Account. ,,
Adopted unanimously. 11:35 P.M.
i
Paul W. Marshall moved that this meeting be dissolved. Adopted unanimously.
11:35 P.M.
A true copy.
�
Attest:
�
�/J o
��� ���
Mary R. McDonough, Town Clerk
------- ----— _. __ _--,---_—------------_-- ---__ _--- --------
�---
:�
6�'
,
Daniel Friedlander, 2184 Massachusetts Avenue, resigned as a Town Meeting
Member from Precinct Nine as of May 22, 1986.
On June 25, 1986, Richard Schaye, 7 Jean Road, accepted a Town Meeting
Member position in Precinct Nine, replacing Daniel Friedlander:�P�r� �,Schaye�'s .
term expires March, 1987.
i
��
�
�
I �
J
�
II
�
;
. �
�
I
�� �
� �
- I�
I
I
i
'i
�
..-„ I
,� I
I
_ ____ _--__-1--------- ____-,-----
__ _------_ ___.___----
_ _ --- _
75
(AARRANT FOR STATE PRIMARI�S — SEE WARRANT FILE)
STATE PRIMARIES — SEPTEMBER 16, 1986
In pursuance of the fo�egoing warrant the legal voters of the
Town of Lexington met in their respective voting places in said `
Town of Lexington on Tuesda�, September 16, 1986, at 7 a.m.
; � �
> The following places were designated as the voting places for
�-_� the various precincts: Precinct One, Harrington School; Precinct
�ao, Bowman School; Precinct 'Three, Jonas Clarke Middle School;
Precinct Four, Lexington Seni:or High School; Precinct Five, Cary
Memorial Building; Precinct Six, William Diamond Middle School;
Precinct Seven, Joseph Estabrook School; Precinct Eight, Central
Fire Station; Precinct Nine, Maria Hastings School.
Ttze Election Officers of the various precincts were assigned
for duty as follows:
Precinct One Precinct Two
D Eileen J. Fradette Warden D Ann M. Pace
R Doris Barclay Clerk R A. Estelle Szalajeski
D Margaret S. Blouin Inspector D Donna Alexson
R Virginia M. Warner Inspector R Dorothy Gauthier
Precinct Three Precinct Four
D Marjorie Modoono Warden D Gulli I. Kula
. R Mildred M. Cronin Clerk R Richard F. Crawford
D Marguerite A. Cronin Inspector D Julie Ann Miller
I R Dorothy F. LeBert Inspector R Raymond J. Flynn
i
_ '. _
Precinct Five Precinct Six
D Gloria J. Bresnihan Warden D Cornelius Cronin
R Winifred E. Ivester Clerk R Evelyn M. Belbin
R Rachel Higgins Inspector D Dorothy Boggia
D Alice A. Coletta Inspector R Helen E. MacDonald
Precinct Seven Precinct Eight
D Ann M. Baum Warden R Robert P. Trask, Jr.
R Dorothy 0. Jones Clerk D Catherine Jones
D Mary G. Faulkingham Inspector R Blanche Johnson
R Leonard N. Jones Inspector D Stella Laurendeau
Precinct Nine
D Elizabeth Clarke Warden
�I � R Gloria Collins Clerk
k � D Ellen 0'Connell Inspector
�. .
R Carole Scalise Inspector
The election officers were sworn to the faithful performance
of their duties.
The polls were declared open in each precinct at 7 a.m. and
remained open until 8 p.m., at which time, after due notice, they
were declared closed.
The total number of registered voters in each precinct
eligible to vote as of August 19, 1986, is as follows:
�� ;
I
(State Primaries - September 16, 1986, cont.)
_ _ ,
PRECINCT REGISTERED DEMOCRATIC REPUBLICAN UNENROLLED
VOTERS
1 1,956 1,061 364 531
2 1,921 1,113 307 SO1 .
3 2,004 963 357 684 '
4 2,071 1,056 463 552
5 2,16J 1,064 391 712
6 2,028 990 505 533 '
7 2,075 1,076 394 605 ' �
8 1,760 809 379 572
9 2,079 961 442 676 �
�
TOTALS 18,061 9,093 3,602 5,366 �
i.
Recap sheets were delivered to the Town Clerk's Office as
follows:
Precinct One 9:10 p.m. '
Precinct Two 9:20 p.m. �
Precinct Three 9:15 p.m.
Precinct Four 9:00 p.m. j
Precinct Five 9:00 p.m.
Precinct Six 9:30 p.m.
Precinct Seven 9:30 p.m.
Precinct Eight 9:00 p.m.
Precinct Nine 9:15 p.m.
i
The Town Clerk and the members of the Board of Registrars �
canvassed the results as follows: �
DEMOCRATS REPUBLICANS TOTAL f I�
PRECINCT VOTED VOTED VOTED �
1 470 85 555 �
2 499 56 555 �
3 469 90 559 �
4 422 84 506
5 487 91 578
6 485 112 597 I
7 472 78 550 i
8 392 87 479
9 398 71 4b9
i
Totals 4,094 754 4,848 �
�
26.8% of the 18,061 eligible registered voters cast their i
vote. �
ABSENTEE BALLOT BREAKDOWN �
I
APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED �
PRECINCT PROCESSED RETURNED UNUSED T00 LATE UNUSED
�
VOTED BY MAIL
(Excluding Certified Permanently Disabled) ��
R D R D R D R D R D I� i
'�
1 2 3 1 3 1 �
2 6 3 1 2 ,
3 1 11 5 1 5 1
4 4 3 1
5 6 6
6 13 10 2 1
7 7 5 1 '
8 1 10 10 1 �
9 3 3 1 2 2 1
Total 7 63 2 47 5 11 0 �f . 0 0
---------------
---1- .--T-- --
-�� �7
(State Primaries - September 16, 1986, cont.)
VOTED BY MAIL
(Certified Permanently Disabled)
1 1 1 1 1 �
2 1 1
3 _
4 1 1
5 1 3 2 1 1
6 " �
�' 7 1 1
8 �-
9 2 2
Total 2 9 1. 7 1 2 0 0 0 0
VOTED IN PERSON OVER THE COUNTER
1 5 5 �
2 1 5 1 5
3 4 4 -
4 1 8 8 1
5 1 7 1 7
6 1 12 1 12 _
7 7 7 -
8 1 3 1 3 " , „
9 2 2 _
Total 5 53 4 53 1 0 0 0 0 0
NON-REGISTERED VOTERS - VOTED BY MAIL -
4 1 1
-" 5 1 1
Total 2 0 0 0 2 0 0 0 0 0
Totals 16 125 7 107 9 13 0 4 0 0
(No ballots were rejected)
DEMOCRATIG PARTY BALLOT -
Pr.l Pr.2 Pr.3 Pr.4 Pr.S Pr.6 Pr.7 Pr.8 Pr.9 Totals '
GOVERNOR
Michael S. �
Dukakis 373 410 391 361 395 412 386 315� 315 3358-
Gregory
Hyatt 1 1
Edward _
f�", King 1
� ( Blanks 97 87 78 61 92 73 86 77 83 734'
" Totals 470 499 469 422 487 485 472 392 398 4094
��e�
- i
( State Primaries September 16, 1986, cont.) ;
LIEIITENANT GOVERNOR
�
Gerard
D'Amico 122 136 135 90 130 109 115 112 113 1062
Evelyn F.
Murphy 331 345 319 323 340 362 339 271 275 2905
Edward �
King 1 � 1 ,-
"Abolish this office" 1 1
Blanks 17 17 15 9 17 13 18 9 10 125
Totals 470 499 469 422 487 485 472 392 398 4094 �
ATTORNEY GENERAL
James yI.
Shannon 361 359 332 308 368 ,:466 ; .338 293 299 3024
JoAnn --- - -- - --- -
Shotwell 90 121 119 99 92 98 121 86 83 90g
Blanks 19 19 18 15 27 21 13 13 16 161
Totals 470 499 469 422 487 485 472 392 398 4094
I
SECRETARY
I
Michael J. I
Connolly 326 321 308 269 314 297 292 255 245 2627
Blanks 144 178 161 153 173 188 180 137 . 153 1467 �
i
Totals 470 499 469 422 487 485 472 392 398 4094 �
,
TREASURER
Robert Q. � I
Crane 283 263 279 224 290 263 247 224 207 2280 '
Blanks 187 236 190 198 197 222 225 168 - 191 1814 I
I
Totals 470 499 469 422 487 485 472 392 398 4094 �
'�
AUDITOR
I
A. Joseph �.
DeNucci 209 224 192 153 200 178 185 173 182 1696
Maura A.
Hennigan 135 128 151 122 132 135 14b 104 105 1158 ,
Charles Calvin
Yancey 52 56 63 71 65 78 58 43 39 525
Blanks 74 91 63 76 90 94 83 72 72 715 i
Totals 470 499 469 422 487 485 472 393 398 4094 ��
� _ i
�
CONGRESSMAN - 7TH DISTRICT _
Edward J. -- ' i
Markey 364 379 373 334 375 385 376 299 312 3197 '
Blanks 106 120 96 88 112 100 96 93 86 897_ �`�° �
�
Totals 470 499 469 422 487 485 472 393 398 4094
i
I
;
— - ------------------ -------------
— -�—
79
(State Primaries - September 16, 1986, cont.)
COUNCILLOR - 6TH :DISTRICT
Joseph A.
_- Langone, •
III 228 185 198 170 206 176 169 155 163 1650
Renato
Mastrocola 77 100 98 66 92 75 92 82 73 755
Blanks 165 214 173 186 189 234 211 155 162 1689
�!
� 470 499 469 422 487 485 472 392 398 4094
j --
SENATOR IN GENERAL COURT - 4TH MIDDLESEX DISTRICT �"
Richard A. - �'
Kraus 328 350 336 317 451 368 347 261 277 3035 _
Blanks 142 149 133 105 36 117 125 131 121 1059"��
470 499 469 422 487 485 472 392 398 4094�
REPRESENTATIVE IN GENERAL COURT - iSTH MIDDLESEX DISTRICT '�"�
Stephen W.
Doran 379 382 363 358 396 394 380 316 315 3283
Blanks 91 117 106 64 91 91 92 76 83 8 ll
Totals 470 499 469 422 487 485 472 392 398 4094 .
_ ;.'
� DISTRICT ATTORNEY - NORTHERN DISTRICT �`"
L. Scott "'`
Harshbarger 362 397 369 357 372 404 386 307 307 3261
Stephen J.
- McGrail 61 53 62 37 61 � 37 41 46 51 449
Blanks 47 49 38 28 54 44 45 39 40 384 .
Totals 470 499 469 422 487 485 472 392 398 4094_„
,3d
SHERIFF - MIDDLESEX COUNTY --
John P. Mc
Gonigle 226 259 239 211 240 259 245 202 180 2061
Henry E.
Sullivan 98 84 97 72 95 74 83 80 87 770J'�
Blanks 146 156 133 139 152 152 144 110 131 1263 ,,,
Totals 470 499 469 422 487 485 472 392 398 4094
COUNTY COMMISSIONER - MIDDLESEX COUNTY
Bill
Schmidt 131 lll 185 145 183 176 162 121 114 1388�
� Barbara J.
Auger
` � Collins 104 93 79 77 75 93 96 75 88 �780
Anthony D.
Pini 47 26 32 24 33 32 12 29 31 266
Paul Harold
Sullivan . 77 63 73 49 84 31 55 65 52 549
Blanks 111 146 100 127 112 153 147 102 113 1111
Totals 470 499 469 422 487 485 472 392 398 4094
�Q
(State Primaries - September 16, 1986, cont.) �
REPIIBLICAN PARTY BALLOT �'
GOVERNOR
Gregory S.
Hyatt 31 16 33 18 31 30 24� 30 15 - 228�`" .-,�
Royall H. �
Switzler 16 19 21 12 23 25 19 20 23 178 '�
Carbone 1 1 2 �
George S.
Kariotis 6 5 12 22 11 14 9 1 10 90
William W. j
Welch 2 2
John
Glen 1 1
Blanks 31 14 24 32 25 43 25 36 23 253
Totals 85 56 90 84 91 112 78 87 71 754 ,
LIEUTENANT GOVERNOR '�� I
Nicholas M.
Nikitas 54 42 59 58 68 81 62 64 47 535
Edna
Welch 2 2
Blanks 31 12 31 26 23 31 16 23 24 217 '�
Totals 85 56 90 84 91 112 78 87 71 754 �
�
ATTORNEY GENERAL ��'`�
' I
Edward F. � �
Harrington 67 48 64 65 .77 91 66 72 51 601 I
Blanks 18 8 26 19 14 21 12 15 20 153.
Totals 85 5b 90 84 91 112 78 87 71 754 �
i
�
SECRETARY I
J
Deborah R. �
Cochran 55 44 56 62 70 76 59 63 47 53�' I
M. Schroeder 1 1 j
Blanks 30 12 34 22 21 � 36 19 � 24 23 221 �
. �
�
Totals 85 56 90 84 91 112 78 87 71 754`°'� I
I
� • I
TREASURER '
L. Joyce , .
Hampers 62� 46 66 62 76 87 67 70 52 588
Blanks 23 10 24 22 15 25 11 17 19 165`' '�"'
Totals 85 56 90 8
4 91 112 78 87 71 754` '�
. ,,:.
AUDITOR '
� i
Andrew S: ��
Natsios 29 17 35 38 34 29 23 34 29 268
William "Bill"
Robinson 47 32 47 37 46 77 50 48 27 411
Hyat t 1 i'y'
Blanks 8 7 8 9 11 6 5 5 15 74 '
Totals 85 56 90 84 91 112 78 87 71 754 ,
--- ------- --------------- _--------�— --T-,- - ------
� �
( State Primaries - September 16, 1986, cont.)
CONGRESSMAN - 7TH DISTRICT
Steven D.
Cole . 1 1
Mark
Vafiades 2 2
Blanks 85 56 90 84 91 112 76 86 71 751
i
� ��
- Totals 85 56 90 84 91 112 78 87 71 754
COUNCILLOR - 6TH DISTRICT
Donna L.
Cole 1 1.
Blanks 85 56 90 84 91 112 78 86 71 753
Totals 85 56 90 84 91 112 78 87 71 754
SENATOR IN GENERAL COURT - 4TH MIDDLESEX DISTRICT
Mathew
Goldman 1 . 1
W. Douglas
H,alsted 1 1.
Blanks 85 56 90 84 91 112 77 86 71 752
Totals 85 56 90 84 91 112 78 87 71 754
REPRESENTATIVE IN GENERAL COURT - 15TH MIDDLESEX DISTRICT
David
Radlo 66 47 76 71.. 84 91 66 73 56 630
Blanks 19 9 14 13 7 21 12 14 15 124
Totals 85 56 90 84 91 112 7.8 87 71 754
DISTRICT ATTORNEY '
Karen N.
Halsted 1 1
Blanks 85 56 90 84 91 112 78 86 71 753
Totals 85 56 ' 90 84 91 112 78 87 71 754
SHERIFF - MIDDLESEX COUNTY
Lincoln
Cole � 1 1
Blanks 85 56 90 84 91 112 78 86 71 753
�� �
___ Totals 85 56 90 84 91 112 78 87 71 754
COUNTY COMMISSIONER - MIDDLESEX COUNTY
Albert Joseph -
Onessimo 47 40 54 59 67 73 60 , 61 47 508
Blanks 38 16 36 25 24 39 18 26 24 , 246 •
85 56 90 84 91 112 78 87 71 754
�� '
(State Primaries - September 16, 1986, cont.) '
i
;
A true copy.
Attest:
� ,.. � /,�� � ,
�J ;����i ��
Bernice H. Fallick, Town Clerk !;�
�
�
i
�.... �
I
�
�
�
_..� �
I
i
i
I
�
�
. . �
I
�
I
�
I
-- , �
�
' �
I
.
- —-------------- -- ---- — - ----_ —--
---_-----_-------
�-------- -.___,-T----
8�
(WARRANT FOR STATE ELECTiUN - SEE WARRANT FI'LE) :�:
STATE ELECTION - NOVEMBER 4, 1986
, ��� . ..
In pursuance of the foregoing warrant the legal voters of the Town
of Lexington met in their respective voting places in said Town of
Lexington on Tuesday, November 4, 1986, at 7 a.m.
The following places were designated as the voting places for the
various precir�cts: Precinct One, Harrington School; Precinct Two, Bowman
�i School; Precinct Three, Jonas C1a.rke Middle School; Precinct Four,
I Lexington Senior High School; Precinct Five, Cary Memorial Building;
� - Precinct Six, William Diamond Middle School; Precinct Seven, Joseph
Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine,
Maria Hastings School.
The Election Officers of the various precincts were assigned for
duty as follows:
Precinct One
Warden D Eileen J. Fradette
Clerk R Elinor Vassallo >> � ��:: � �r ; ..
Inspector D Margaret S. Blouin
Inspector R Virginia M. Warner = . :u,3 ,:i ,,,.
Inspector D Gordon Hatfield �-- �- �-�.:_ ,;;r;::�
Inspector R Barbara Mann
. '-'?.i .:�1..
Precinct Ztao
Warden D Ann M. Pace
Clerk R Elizabeth Flynn
Inspector D Donna Alexson
� Inspector R Dorothy Gauthier 6a.m-2p.m
t '� Inspector Marita Ha.rtshorn 2-closing
Inspector D Marjorie Clougherty
Inspector R Edward Mann
Precinct Three
Warden D Marjorie Modoono
Clerk R Mildred M. Cronin
Inspector D Marguerite A. Cronin
Inspector R Dorothy F. LeBert
Inspector D� �Timothy Holland
Inspector R Ann Bergin
Precinct Four
Warden < ~=D' Gulli I: - Kula - � - • _ __ �;;; :
Clerk R Richard F. Crawford
Inspector D Mary Keating
Inspector- �`R Raymond J: Flynn _ .
Inspector D Alice Jorgensen
Inspector R Josephine Luther
��
�, ! Precinct Five
Warden D Gloria J. Bresnihan
Clerk R Winifred E. Ivester
Inspector D Alice A. Coletta
Inspector R Estelle Szalajeski
Inspector D Eugene Beauchemin
Inspector R Rachel Higgins
��
STATE ELECTION - November 4, 1986 cont.
Precinct Six
I
Warden D Cornelius Cronin I
Clerk R Evelyn M. Belbin
Inspector D Rita Casey
Inspector R Dorothy Boggia
Inspector D William Casey
Inspector R Helen Ma.cDonald
Precinct Seven �
j
i
Warden • • � •Ann M. Baum - .- - '
Clerk R Dorothy 0. Jones
Inspector D Mary G. Faulkingham ;
Inspector R Leonard N. Jones
Inspector D Melvin Aronson �
Inspector R Nicholas Hay �
Precinct Eight '
Warden D Catherine Jones
Clerk R Blanche Johnson '
Inspector D Stella Laurendeau �
Inspector R Albert & Elaine Brown, split shift
Inspector D Grace Campbell I
Inspector R Florence Murray
Precinct Nine
Warden D Elizabeth Clarke �
Clerk R Carole Scalise
Inspector D Ellen 0'Connell �� - • - - �
Inspector R Elizabeth Ann Snell ._ _ .
Inspector D Barbara .Kahler . _
Inspector R Barbara Benn:ett i
I
_ _ - �
Gwendolyn Cram was appointed to serve as the short-notice fill-in. �
I
The election officers were sworn to the faithful performance of li
their duties. i
The polls were declared open in each precinct at 7 a.m. and remained I
open until 8 p.m. , at which time, after due notice, they were declared
closed.
The total number of registered voters in each precinct eligible to
vote as of October 7, 1986, is as follows:
i
PRECINCT REGISTERED DEMOCRATIC REPUBLICAN UNENROLLED �I
VOTERS
� I
1 2,001 1,096 372 533 �
2 1,971 1,152 311 508
3 2,039 1,016 359 664
4 2,116 1,081 466 569 ��
5 2,215 1,106 405 704
6 2,047 1,027 517 503 tJ
7 2,125 1,126 399 600
8 1,807 859 393 555
9 2,114 999 454 661 �
;
TOTALS 18,435 9,462 3,676 5,297
-------- ____-------�- --�,-- --- --_---_ ---__---
g�,� ���
STATE ELECTION - November 4, 1986 cont.
� ABSENTEE BALLOT BREAKDOWN
�
��� APPLICATIONS BALLOTS BALLOTS RETURNED RETURNED
PRECINCT PROCESSED RETURNED UNUSED LATE UNUSED
VOTED BY MAIL - (Excluding Certified Permanently Disabled)
1 32 22 7 2 1
2 25 20 5
3 35 25 4 5 1
4 44 34 8 2
5 55 47 7 1
6 59 46 8 5
7 33 26 3 3 1
8 17 11 5 1
9 25 19 5 1
TOTALS 325 250 52 19 4
VOTED BY MAIL - (Certified Permanently Disabled)
1 2 1 1
2 1 1
3 1 1
4 1 1
5 6 4 2
7 2 2
9 1 1
TOTALS 14 10 3 1
VOTED IN PERSON OVER. THE COUNTER
1 14 14
2 19 16 3
- 3 12 12 � "
4 15 14 1
5 19 19
6 14 13 1
7 29 27 2
8 14 14 '
9 12 12
TOTALS 148 141 7
NON-REGISTERED VOTERS - VOTED BY MAIL
2 1 1
3 1 1
4 3 2 1
�.� 7 2 2
8 1 1
9 2 2
TOTALS 10 7 3
GRAND TOTALS 497 408 65 20 4
(One ballot rejected)
�,� ���
�
�
i
'� ,
� j
�
I
�
i
I
;
i
I
I
�
i
I
�
;
I
�
�
;
i
�
---- - __ -__ _ ____--- -,---
___ _._ _------ ____
_ __ __ ------- -
8�
STATE ELECTION - November 4, 1986 cont.
Recap sheets were delivered to the Town Clerk's Office as follows:
Precinct One 9:50 p.m.
'"" Precinct Two 10:14 p.m.
Precinct Three 10:21 p.m.
Precinct Four 9:.58 p.m.
Precinct Five 10:00 p.m.
� Precinct Six 10:33 p.m.
, . Precinct. Seven 10:19 p,m.
_ . ,. _ � � - Precinct' Eigh't 9:57 �p.m':' . _:;.'
Precinct Nine 10:31 p.m.
I
The Town Clerk and the members of"the Board of Registrars canvassed
a__' the results as follows:
PRECINCT NUMBER OF BALLOTS CAST AS OF NOVEMBER 14, 1986
(10 days allowed for overseas ballots)
1 1400
2 1392
3 1424
4 1512
S 1521
6 1487
7 1529
8 1291
9 1459
Totals 13,015
71% of the 18,435 eligible registered voters cast their vote.
STATE, ELE,CTION ..
.; , „
Town, of, Lexington November 4, 1986
Pr.l Pr.2 Pr.3 Pr.4 Pr.S Pr.6 Pr.7 Pr.8 Pr.9 Totals
GOVERNOR - LIEUTENANT GOVERNOR
DUKAKIS and MURPHY 880 979 934 1012 981 973 1008 826 920 8513
KARIOTIS and NIKITAS 449 344 429 453 481 453 457 411 465 3942
GUY CARBONE 1 1
MARK MARTINIS 1 1
MARK GRISE 1 1
BLANKS 70 69 61 47 57 61 64 54 74 557
TOTALS 1400 1392 1424 1512 1521 1487 1529 1291 1459 13015
ATTORNEY GENERAL
EDWARD F. 13ARRINGTON 569 509 599 607 628 631 630 508 623 5304
JAMES M. SHANNON 760 795 742 819 797 790 817 710 747 6977
BELLOTTI 1 1
BLANKS 71 88 83 . 86 95 66 82 73 89 733
_ , t
TOTALS 1400 1392 1424 1512 1521 1487 1529 1291 1459 13015
SECRETARY .
MICHAEL JOSEPH CONNOLLY 800 847 790 805 815 776 820 704 750 7107
DEBORAH R. COCHRAN 449 355 451 517 499 631 437 416 517 4272
BLANKS 151 190 183 190 207 80 272 171 192 1636
TOTALS 1400 1392 1424 1512 1521 1487 1529 1291 1459 13015
R�
STATE ELECTION - November 4, 1986 cont.
TREASURER ;
ROBERT q. CRANE 660 680 676 647 649 612 639 610 645 5818
L. JOYCE HAMPERS 599 529 575 701 697_ 699 695 537 645 5677
LEE IACOCCA 1 1
JOSH LEADER 2 2
BLANKS 140 183 173 164 173 176 195 144 169 1517
TOTALS 1400� 1392 1424 1512 1521 1487 1529 1291 1459 13015
AUDITOR I
A. JOSEPH DENUCCI 745 736 780 740 769 693 716 609 7�0 6488 ,
WILLIAM "BILL" ROBINSON 490 425 446 547 520 583 504 578 535 4628 ,
CHARLES WEINLEY 1 1
BLANKS 165 231 198 225 231 211 309 104 224 1898 �
TOTALS 1400 1392 1424 1512 1521 1487 1529 1291 1459 13015
REPRESENTATIVE IN CONGRESS I
EDWARD J. MARKEY 962 974 945 1080 1045 1008 1025 871 983 8893 i
BRIAN P. LEES 1 1
R.HUTCHINSON 1 1
438 418 479 432 476 479 503 419 476 4120
TOTALS 1400 1392 1424 1512 1521 1487 1529 1291 1459 13015
_ _ - _ - ,- COUNCILLOR _. _
JOSEPH A. LANGONE III 744 675 749 748 775 681 682 608 703 6365 I
BLANKS 656 717 675 764 746 806 847 683 756 6650
TOTALS 1400 1392 1424 1512 1521 1487 1529 1291 1459 13015 �
� I
SENATOR IN GENERAL COURT I
I
RICHARD A. KRAUS 776 879 825 861 865 871 875 737 810 7499 �
HELEN METROS 384 273 344 379 383 347 358 284 399 3151
BLANKS 240 240 255 272 273 269 296 270 250 2365 j
i
TOTALS 1400 1392 1424 1512 1521 1487 1529 1291 1459 13015 �
;
i
I
REPRESENTATIVE IN GENERAL COURT
STEPHEN W. DORAN � 699 883 780 903 861 895 949 740 816 7526 �
DAVID RADLO 637 429 556 534 591 528 507 477 561 4820 �
BLANKS 64 80 88 75 69 64 73 74 82 669 �
�
TOTALS 1400 1392 1424 1512 1521 1487 1529 1291 1459 13015 I
�
DISTRICT ATTORNEY
L.' SCOTT HARSHBARGER �1004 996 1035 1098 1076 1068 1077 911 1036 9301``'
MARK VAFIADES 1 1
BLANKS 396 396 389 414 445 419 451 380 423 3713
TOTALS 1400 1392 1424 1512 1521 1487 1529 1291 1459 13015 ,
i
I
�
__ --_--- ---- ----_ _ __ ----_----- - ----
____------------�- ---__------_
�-------
STATE ELECTION - Noyember 4, 1986 cont. g�
SHERTEF
JOHN McGONIGLE 766 729 . 703 776 790 731 754 642 758 6649
MAX GOLDMAN 1 1
BLANKS 634 663 721 736 731 756 774 b49 701 6365 _
TOTALS � 1400 1392 1424 T512 1521 1487 1529 1291 1459 13015
COUNTY COMMISSIONER
af BILL SCHMIDT . 676 707 659` 709 688 689 700 573 660 6061
�� ALBERT JOSEPH ONESSIMO 378 280 377 397 397 386 393 338 421 3367
BLANKS 346 405 388' 406 436 412 �36 380 378 3587
TOTALS 1400' 1392 1424 1512 1521 1487 1529 1291 1459 13015
MIDDLESEX COUNTY CHARTER COMMISSIONER
PAUL J. MEANEY 324 250 257 201 295' 250 206 196 236 2215
ROBERT I. ROTBERG 736 782 855 949 845 887 955 772 885 7666
BLANKS 340 360 312 362 381 350 368 323 338 3134
TOTALS 1400 1392 1424 1512 1521 1487 1529 1291 1459 13015
QUESTION A - create a charter study commission
YES 605 746 688 758 714 703 782 635 737 6368
NO 382 318 366 403 516 438 424 340 398 3585
BLANKS 413 328 370 351, 291 346 323 316 324 3062
TOTALS 1400 1392 1424 1512 1521 1487 1529 1291 1459 13015
Regulating or prohibiting
' - QUESTION 1 abortion
�-_� YES 410 364 373 336 342 320 320 321 376 3162
NO 867 957 950 1098 1054 1083 1140 890 987 9026
BLANKS 123 71 101 78 125 84 69 80 96 827
TOTALS 1400 1392 1424 1512 1-521 1487 1529 .1291 1459 13015
- � QUESTION 2 Government aid to non-public
schools or students
YES 316 277 285 263 250 266 277 242 280 2456
NO 996 1050 1063 1187 1183 1169 1207 1000 1112 9967
BLANKS 88 65 76 62 88 52 45 49 67 592
TOTALS 1400 1392 1424 1512 1521 1487 1529 1291 1459 13015
QUESTION 3 Zimiting state tax
revenue increases
YES 669 613 638 b50 691 650 702 584 682 5879
NO 612 673 673 749 709 746 739 617 672 6190
BLANKS 119 106 113 113 121 91 88 90 105 946
�
TOTALS 1400 1392 1424 1512 1521 1487 1529 1291 1459 13015
I Cleaning up oil and
`" QUESTION 4 -
_ hazardous materials
YES 805 843 834 833 914 777 861 754 858 7479
NO 460 468 474 586 474 615 592 451 496 4616
BLANKS 135 81 116 93 133 95 76 86 105 920
TOTALS 1400 1392 1424 1512 1521 1487 1529 1291 1459 13015
�R
STATE ELECTION - November 4, 1986 cont.
Requiring use of safety belts
QUESTION 5 in motor vehicles �
�
YES 668 834 785 963 833 952 912 791 835 7573 �
NO 641 501 582 496 622 486 583 457 572 4940 '
BLANKS 91 57 57 53 b6 49 34 43 52 502
TOTALS 1400 1392 1424 1512 1521 1487 1529 1291 1459 13015
QUESTION 6 Voter registration by mail i
YES 525 599 ,591 672 642 657 713 548 587 5534 ! � I
NO 727 678 701 725 718 704 724 643 756 b376
BLANKS 148 115 132 115 161 126 92 100 116 1105 `-r
TOTALS 1400 1392 1424 1512 1521 1487 1529 1291 1459 13015
�
QUESTION 7 National health program
YES 741 792 740 757 771 723 783 680 775 6762 �
NO 444 430 501 574 535 565 600 451 621 4721
BLANKS 215 170 183 181 215 199 146 160 63 1532
TOTALS 1400 1392 1424 1512 1521 1487 1529 1291 1459 13015 i
I
QUESTION $ National acid rain control
program
YES 895 1068 1069 1119 1113 1082 1183 975 1100 9604
NO 223 185 210 254 214 266 232 186 218 1988 ;
BLANKS 282 139 145 139 194 139 114 130 141 1423
TOTALS 1400 1392 1424 1512 i52i 1487 1529 1291 1459 13015 �
�
A true copy. I
!� �
Attestc � �_, i
�. ...�
,
1� � � � ��
Bernice H. Fallick, Town Clerk �
II
1
1
�
�
I
�
I
�
%
I
I
I
. _ i
_
_ _--------- -- - ----___ _---- _---- --- - -- --—- -----
-- — - - --- -__ _
r---- _---__—_ __.__—--- ,
��
SPECIAL TOWN MEETING - FEBRUARY 2, 1987
The meeting was called to order by the Moderator,. Lincoln P. Cole, Jr. at
8:00. p.m., in Cary Memorial Hal1.
There were .170 Town Meeting Members present.
The invocation was offered by the Reverend Brian S. Dixon of the First
Baptist Ch�rch of�:•Lexingt�on. � , 8•O1 p.m.
Town Clerk, Bernice H. Fallick, read the Warrant for the Meeting until
' further reading was waived. � 8:05 p.m.
� The Town Clerk read the Constable's Return of the Warrant. 8:06 p.m.
The Moderator declared the Meeting open on Article 1, Reports of Town
Boards, Officers, Committees, and stated that it would remain open
throughout the Meeting. 8•06 p.m.
The Moderator declared the Meeting open on Article 2, Supplementary
Appropriation, Refuse Collection and Disposal. 8:07 p.m.
Article 2. SUPPLEMENTARY APPROPRIATION
REFUSE COLLECTION AND DISPOSAL
Presented by John C. Eddison.
✓MOTION: That the sum of $450,000 be appropriated to the Refuse
Collection line item of the current budget, and that to raise such amount .
$197,500 be transferred from P.L. 98-185 General Revenue Sharing Funds
and $252,500 be transferred from the Exc.ess ,and,Deficiency Account. .
8:07 p.m.
Mr. Eddison referred to background data prepared by the Town Manager
_ J which had been distributed to Town Meeting Members. He explained the
history of refuse collection and disposal, the elements involved in
establishing the prior estimates, and the current shortfall. 8:13 p.m.
Michael J. 0'Sullivan stated that the Appropriations Committee
recommended favorable action. 8:15 p.m.
The Moderator declared the motion adopted by a unanimous voice vote.
8:17 p.m.
Under Article 1 John C. Eddison, speaking for the Board of Selectmen,
expressed its affection and appreciation to Lincoln P. Cole in this last
meeting in which he was serving as Moderator. 8:18 p.m.
Town Counsel Norman P. Cohen presided as the following speakers offered
their respects:
Michael 0'Sullivan, Appropriations Committee
Jacqueline B. Davison, Town Meeting Members Association
Esther S. Arlan, Capital Expenditures
Arthur C. Smith, Town Meeting Members
Karen A. Dooks, Town Meeting Members Association
� 8:27 p.m.
� Mr. Eddison and the Town Meeting Members recognized the longtime service
L_� of Levi G. Burnell as a Town Meeting Member. - g;2g p.m.
Mr. Cole thanked the Meeting for their words and gifts. 8:29 p.m.
John C. Eddison moved that the meeting be dissolved. The Moderator
declared the meeting dissolved by voice vote at 8:30 p.m.
A true copy.
Attest: � � -
;i;
i:' -
�
Bernice H. Fallick, Town Clerk
89A I
(WARRANT FUR STATE ELECTIUN — SEE AARRANT FILE)_ ,
ANNUAL TOWN ELECTION - MARCH 2, 1987
In pursuance of the foregoing warrant the legal voters of the Town
of Lexington met in their respective voting places in said Town of
Lexington on Monday, March 2, 1987, at 7 a.m.
The following places were designated as the voting places for the
various precincts: Precinct One, Harrington School; Precinct Two, Bowman
School; Precinct Three, Jonas Clarke Middle School; Precinct Four, '
Lexington Senior High School; P�ecinct Five, Cary Memorial Building;
Precinct Six, William Diamond Middle School; Precinct Seven, Joseph �
Estabrook School; Precinct Eigi�t, Central Fire Station; Precinct Nine, I
Maria Hastings School. !
The Election Officers of the various precincts were assigned for
duty as follows:
�
Precinct One
Warden D Eileen Fradette
Clerk R Elinor Vassallo
Inspector D Margaret Blouin
Inspector R Virginia Warner
Inspector D Marjorie Clougherty �
Inspector R Doris Barclay
I
Precinct Two . �
Warden R A. Estelle Szalajeski
Clerk D Donna Alexson
Inspector R Barbara Mann i
Inspector D George Kalafatis
Inspector R Edward Mann
Inspector D J. Eugene Beauchemin 6 a.m. to 2 p.m.
Inspector D Robert Blouin 2 p.m. to closing I
. . ` I
Precinct Three �
i
Warden D Marjorie Modoono �
Clerk R Mildred Cronin
Inspector D Ma:rguerite Cronin I
Inspector R Rachel Higgins �
Inspector D Helen Euart . _
Inspector U Gwendolyn Cram '�,
. �
I
Precinct Four i
Warden D Gulli Kula
Clerk R Richard Crawford
Inspector D Mary Keating �
Inspector R Raymond Flynn �
Inspector-. .: D� Alice: Jorgensen � :: -. - - �
Inspector R Elaine Brown and Albert Brown, split shift
I
Precinct Five �
Warden D Gloria Bresnihan
�
Clerk R Winifred Ivester � �
Inspector D Laura Spellman ,
Inspector R Elizabeth Flynn j
Inspector D Martha Zani i
Inspector R Dorothy Gauthier '
------ ------- - ---..______. ___--- --------- ----�--
�
$9B ; .
ANNUAL TOWN ELECTION - MARCH 2, 1987 (cont.) , .
Precinct Six
Warden D Cornelius Cronin
Clerk R Evelyn Belbin
Inspector R Dorothy Boggia
Inspector U Susan Cohen
- Precinct Seven
Warden R Dorothy Jones
Clerk -D ATice Coletta -
Inspector R Leonard Jones
`" � Inspector D Eleanor Mattes
Inspeetor D Alfred �lattes _
Inspector R Nicholas Hay
, Precinct Eight
Warden D Catherine Jones
Clerk R Blanche Johnson
Inspector D Stella Laurendeau
Inspector R Florence Murray
Inspector R Nancy Isotti
Precinct Nine
Warden D Elizabeth Clarke
Clerk R Carole Scalise
Inspector D Mary Casey '
Inspector R Janet Lowther
Inspector D Edward Donnelly
The election officers were sworn to the faithful performance of
their duties.
The polls were declared open in each precinet at 7 a.m. and remained
open until 8 p.m., at which time, after due notice, they were declared
closed. •
The total number of registered voters in each precinct eligible to
vote as of February 10, 1987, is as follows:
PRECINCT REGISTERED DEMOCRATIC REPUBLICAN UNENROLLED
VOTERS
1 2,002 1,090 363 549
2 1,970 1,144 306 520
3 2,066 1,029 358 679 �
4 2,123 1,067 461 595
5 2,239 1,104 401 734
6 2,070 1,032 512 526
7 2,146 1,130 396 620
8 1,810 853 387 570
9 2,130 1,004 443 683
, TOTALS 18,556 9,453 3,627 5,476
_' Recap sheets were delivered to the Town Clerk's Off.ice.
�� ANNUAL TOWN �LECTION - MARCH 2, 1987 (cont.) �
The Town Clerk and the members of the Board of Registrars canvassed
i
the results as follows:
PRECINCT NUMBER OF BALLOTS CAST
1 567
2 575 i
3 5$0
q 699 - I
5 653
6 684
7 644
g 585
g 608 �
Totals 5595
30% of the 18,556 eligible registered voters cast their vote.
I
I
I
�
I
I
�
�
I
�
�
i
i
i
. I
� i
I
i
- ---------- ___-- --
�
ANNUAL TOWN ELECTION - MARCH 2, 1987 (cont.) �� �
ABSENTEE BALLOT BREAKDOWN
APPLICATIONS BALLOTS BALLOTS RETURNED
PRECINCT PROCESSED RETURNED UNUSED T00 LATE
VOTED BY MAIL (Excluding Certified Permanently Disabled)
1 6 3 3
2 9 6 2 1
3 13 11 2
�� 4 22 16 3 3
�� 5 19 12 5 2
6 31 26 2 3
7 12 11 1
8 14 11 2 1
9 4 2 2
TOTAL 130 98 20 12
(One ballot rejected)
VOTED BY MAII. (Certified Permanently DisabTed)
1 2 2
2 1 1
3 1 1
4 1 1
5 4 2 2
6
7 1 1
8
9 2 1 l
� ,� TOTAL 12 6 6
�_..
VOTED IN PERSON OVER THE COUNTER
1 6 6
2 8 6 2
3 10 10
4 15 15
5 11 10 1
6 10 10 .
7 9 9
8 1 1
9 6 6
TOTAL 76 73 3
VOTED BY MAIL (Non-registered Voters)
3 1 1
7 1 1
TOTAL 2 1 1
' GRAND TOTAL 220 178 30 12
�� An1�VtJAT,�'T6t�1IV'�L�CTION =:NIA12C�i 2, 19$7 (cbnt.) I
i
TOWN ELECTION �
Town of Lexington Ma.rch 2, 1987
Pr.l Pr.2 Pr.3 Pr.4 Pr.S Pr.6 Pr.7 Pr.8 Pr.9 Totals
---------------------------------------------------------------------------
SELECTMAN
* JOHN C. EDDISON 274 350 311 443 352 446 415 315 353 3259 . �
* PAUL W. MARSHALL 252 359 312 452 361 S11 407 358 372 3384 �� I
JEAN GAUDET 332 238 284 262 306 226 257 279 277 2461 � ,
BLANKS 276 203 253 241 287 185 209 218 214 2086 ,
TOTALS 1134 1150 1160 1398 1306 1368 1288 1170 1216 11190 �,
MODERATOR '
** MARGERY M. BATTIN 246 319 286 376 332 393 343 292 336 2923
DAN H. FENN, JR. 283 228 268 288 278 268 282 251 236 2382
STEVE BRYI�IAN 1 1
BLANKS 38 28 26 35 42 23 19 42 36 289
TOTALS 567 575 580 699 653 684 644 585 608 5595 �
i
SCHOOL COMMITTEE
LESTER E. GOODRIDGE, JR. 166 117 135 161 151 172 164 163 188 14i7 ;
* JUDITH C. LEADER 295 377 359 462 429 466 428 369 360 3545 '
MICHAL-ANN GOLAY 1 1
MARGARET SCHWARTZ 1 1
GAIL AUFIERO 1 1
CAROL RUTTI 1 1 !
SUSAN PELTZ 3 3 �
JAMES BECK 2 1 3 I
BLANKS 106 81 86 73 71 43 SO 53 60 623
�
TOTALS 567 575 580 699 653 684 644 585 608 5595 I
�
PLANNING $OARD �
*^� JUDITH J. UHRIG 341 363 330 486 404 490 429 371 382 3596 !
SAMUEL LEE 1 1
BLANKS 226 212 250 213 248 194 215 214 226 1998
TOTALS 567 575 580 699 653 684 644 585 608 5595
LEXINGTON HOUSING AUTHORITY �
DANAHY BLOOM 40 28 35 45 50 40 31 SO 38 357 1
LILLIAN T. MacARTHUR 227 216 210 195 231 182 185 203 186 1835 I
^'** RUTH JOYCE NABLO 227 270 241 357 292 395 347 240 281 2650
HADGERDON 1 1 I
BECKER 1 1 I
ANDREW GOWER 1 1 '
BLANKS 72 61 93 1�02 79 67 81 92 103 750
TOTALS 567 575 580 699 653 684 644 585 608 5595
I
�
* Elected for three years.
*^ Elected for one year.
*** Elected for five years.
_ —_ _-------— ----- —__ ----__--- -- ----_ _---
--__------ — _------- ----
- i----------
��
ANNUAL TOWN ELECTION - MARCH 2, 1987 (cont.)
TOWN MEETING MEMBERS
PRECINCT 1
* DAVID RADLO 330
* NANCY M. ADLER 318
* ALBERT P. ZABIN 285
* CHANG CHIH CHAO 280
* ELLEN DOYLE SULLIVAN 275 �
* RONALD LEVY 266
* N. BECKER 92
i PAT HAGEDORN 9
B. McAULDUFF 2
`" E. BINDER 1
B. SAGER 1
D. SHAW 1
JOE WALLERSTEIN 1
T. CEROLLI 1
ELIZ. COLLINS 1
MIKE WALLERSTEIN 1
' A. BINDER 1
BATTIN 1 -
TOTAL 1855
. .. .. .... .. ..... .. . .. .. ..... ... .
PRECINCT 2
* CAROLYN C. WILSON 356
^ ARTHUR C. SMITH 354
* DANIEL A LUCAS 342
* CHRISTINA J. WELCH 337
* LEONORA K. FEENEY 317
* JOHN R. HOLT 307 '
* JOHN T. SACKTON 50
EDNA WELCH 46
' WEBB SIISSMAN 4
' JOHN CUNHA 3
EDNA GREEN 1
THADDEUS P. KOCHANSKI 1
TOBY SACKTON 1
MILA CABOT-ZINN 1
WILLIAM AITKEN 1
TOTAL 2118
.. .. . . . .. ... .. .... .. ... . . .. . ... ...
PRECINCT 3
* GLORIA V. HOLLAND 349
* JEAN GAUDET 312
* JOY C. BUCHFIRER 311
* SUANNE C. DILLMAN 308
* ERNA S. GREENE 290
'� JOHN P. CARROLL 268
* IRA RICHER 256
�** JOHN J. McWEENEY 255
RICHARD L. NEUMEIER 253
MARION REILLY ].
�
1 -
�, _���
TOTAL 2603
......... .... .... . .. ... . ..... ..... '
* Elected for three years.
** Elected for two years.
*** Elected for one year.
94 �
ANNUAL TOWN ELECTION - MARCH 2, 1987 (cont.)
PRECINCT 4 �
I
* MARGARET F. RAWLS 409 i
� DAN H. FENN, JR 404
^ RONALD W. COLWELL 334
^ GEORGIA S. GLICK 334
'� MARTIN K. WHITE 318
* NANCY M. CANNALONGA 304
* L. GAIL COLWELL 301
KARSTEN SORENSEN 290
MARTIN A GILMAN 281 ,--�
PETER DAVID ENRICH 193 1
STEPHEN B. CRIPPS 145 J
WILLIAM L. LAHEY 128
FREDERICK J. DeANGELIS 121 '
,
I
TOTAL 3562 !
. ... .. ... .. ... . . ... . .. .. ... .. .. . . .
PRECINCT 5
*JUDITH C. LEADER 404
i
*EUGENE E. LEE 377 I
*ELAINE DRATCH 374
i
^'WALLACE CUPP 370 �,
* DAVID G. WILLIAMS 365 j
* EPHRAIM WEISS 340 �
* JOHN HAYWARD 332 I
WARREN ROBERTS 207
i
TOTAL 2769 I
. .. . . .. .. . . . ... ... .. .. . ... ... ... . . �--1
PRECINCT 6 � 'i
�
* JUDITH B. MARSHALL 498 �
� WILLIAM T. SPENCER 479 I
^ ELIZABETH C. HAINES 444
* MARGARET N. BROOKE 444 I
* JOHN S. WILLSON 414
�` MORTON G KAHAN 402 �
'� ANDREW MACEY 360 {
H. BIGELOW MOORE 6
NANCY CATALONGA 1 '
HELENE KANEN 1 �
JOSEPH BOBEO 1 �
JOHN MC WEENEY 1 �
JOHN CARROL 1
DONNA HOOPER 1 ��
i
TOTAL 3053 �
. . . .. . .. . . .. . .... . .. . .. .. . ...... .. I
I
I
* Elected for three years.
** Elected for two years. .! ��
*** Elected for one year. �
�
� i
I
-----------__ _______ _
--- -----------------____
___ �
9�
ANNUAL TOWN ELECTION - MARCH 2, 1987 (cont.)
PRECINCT 7
� MARTHA C. WOOD 390
* DEBORAH G. KEARNEY 387
* JACQUELYN H. WARD 363
'� CATHERINE M. D. ABBOTT 341
� LLOYD GILSON 323
* MARTIN L. HAGERTY 321
* ESTHER S. ARLAN 301
WALTER N. LEUTZ 287
RON J. SHAPIRO 163
(y GERARD J. SKOCAY 114
I I
l..._
TOTAL 2990
. .... . ... .. .. ... .... .... ... ... ... .
PRECINCT 8
* RICHARD A. MICHELSON 371
* FLORENCE E. CONNOR 341 �
* ROGER F. BORGHESANI 336
* WILLIAM P. FITZGERALD 311
* JACK SARMANIAN 249
* MARGARET SCHWARTZ 243
* DENNIS SULLIVAN 200 '
GERALD A. HEGGIE 195
JOHN ADAMS TAYLOR 160
GEORGE HARRIS 13
TOTAL 2419
..... .. ...... ... ...... ... ... ... .. .
PRECINCT 9
* RICHARD M. PERRY 363
, � ALICE J. ADLER 348
- * DIANE C. ARONSON 331
* JAMES J. SCANLON 320
* NEIL GRAY 316
* KENNETH 0. ALVES 310
* RICHARD SCHAYE 277
*� LOUIS F. LeBLANC 261
** FRANK KAVA 57
*** RICHARD CANALE 39
JOHN FREDERICI 19
KEVIN ROFFI 6
SANDRA RUSSIAN 2
BURT NICHOLS 2
LINCOLN COLE 1
GORDON BARNES 1 * Elected for three years.
MARGARET COPPE 1 ** Elected for two years.
ROSENBERG 1 *** Elected for one year.
CHARLES LITCHFIELD 1
TOTAL 2649
.... .. ..a. ..... ... ..... .. .. .. .... .
�� GRAND TOTAL 24,018
� i
""" A true copy.
Attest: �
Bernice H. Fallick, Town Clerk
q� I
. , �
Margery M. Battin, 15 Paul Revere Road, resigned March 12, 1987, from
Town Meeting Membership, Precinct 8. Mrs. Battin was elected Town Moderator
at the March 2, 1987, Annual Town Election.
i
Gerald A. Heggie, 12 Carley Road, having received the highest number of votes
as a defeated candidate for Town Meeting in Precinct 8, accepted the position previously
held by Mrs. Battin, on March 17, 1987. *
Thomas E. Fortmann, 5 Harrington Road, resigned March 23, 1987, from ���� ;
Town Meeting Membership, Precinct 6. �I �
H. Bigelow Moore, 50 Hancock Street, having received the highest number
of votes as a defeated candidate for Town Meeting in Precinct 6, accepted '
the po5ition previously held by Mr. Fortmann, on March 27, 1987.* i�
i
Jeff Licht, 7 Lexington Avenue, resigned March 23, 1987, from
Town Meeting Membership, Precinct 2. '
,
Edna M. Welch, 10 Bird Hill Road., having received the highest number
of votes as a defeated candidate for Town Meeting in Precinct 2, accepted I
the position previously' held by Mr. Licht, on March 25, 1987.* '.
I
I
A. Patricia McCabe, 17 Hamblen Street,. resigned March 24, 1987, from
Town Meeting Membership, Precinct 8.
� ;
John Adams Taylor, 21 Harbell Street, having received the highest �
number of votes as a defeated candiddate for Town Meeting in Precinct 8, �
accepted the position previously held by Mrs. McCabe, on March 27, 1987.* �
i �'
�
,
* Postions to be held until the next Annual Town Meeting, March, 1988. I �
�
�
I
�
1
�
_
i
�
i
I
i j
� ,....� ��
' I
I
__ ------------_---- ----- — — - -—- -- ------=—__-------
�----
�!
ANNIIAL TOW�T MEETING - MARCH 30, 1987
_ _
The meeting was called to order by the Moderator Margery M. Battin
at 8 p.m. , in Cary Memorial Hall.
There were 191 Town Meeting Members present.
The invocation was offered by the Reverand Polly Guild Laughlin,
Follen Community Unitarian/Universalist Church. 8:01 p.m.
Those present observed a moment of silence to note the deaths of
Howard Asarkof, Chairman of the Board of Health; Walter Cunha, retired
Firefighter; and Duncan Swan, School Department Custodian.
�;
Town Clerk, Bernice H. Fallick, read the Warrant for the Meeting
�""'"� until further reading was waived. 8:03 p.m.
The Town Clerk read the Constable's Return of the Warrant.8:04 p.m.
The Moderator paid tribute to former Moderators. She stated that
she welcomed suggestions and made announcements regarding procedures.
Town Meeting is scheduled to begin promptly at 8 p.m., on the following
nights: April 1, 6, 8, 15, 27, and successive Mondays and Wednesdays
until completion. Articles will be addressed in the order in which they
are listed in the Warrant with the following exceptions: Indefinite
postponement will be moved on Articles 7, 11, 35, 45. The School Budget
Operating Line Item will be moved to be taken up first under Article 4
this evening. 8:14 p.m.
Article 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
Michael J. 0'Sullivan, Chairman of the Appropriation Committee,
moved that the report of the Appropriation Committee be accepted and
placed on file. '
Accepted and placed on file. 8:15 p.m.
Richard A. Michelson, moved that the report of the Capital
� Expenditures Committee be accepted and placed on file.
� Accepted and placed on file. 8:16 p.m.
John C. Eddison, Chairman of the Board of Selectmen, requested that
the Report of the Town Manager be accepted and placed on file.
Frank Sandy rose to request that no votes be taken on the nights on
which reports are presented to Town Meeting in order that there be time
for reading them. Mr. Eddison reminded the Town Meeting that these
reports are open during the entire meeting for discussion and action.
Accepted and placed on file. 8:18 p.m.
Mr. Eddison gave a report of the Budgetary Process, noting an
unprecedented situation in which the Board of Selectmen and the School
Committee had not reached accord. The Town Meeting will be asked to
decide between twa alternative budgets with the option of choosing either
or neither, or coming up with an alternative. The Selectmen and Town
Ma.nager made the assumption that the increase in the School Budget would
� be 5 1/2% over last year, or an increment of 1.15 million dollars. Mr.
Eddison outlined the procedure for explanation and discussion which
followed.
Town Manager, Robert M. Hutchinson, Jr. , gave an overview of the
Budget, presenting information on the tax rate and referencing categories
` of expense. 8:24 p.m.
L �
__�' Michael 0'Sullivan referenced the Appropriation Committee reports,
stating that this Town Meeting could likely be the watershed for
subsequent Town Meetings. 8:34 p.m.
Qg �,
(ANNUAL TOWN MEETING- March 30, 1987) cont.
i
Article 3. APPOINTMENTS TO THE CARY LECTURE SERIES.
� �
Presented by John C. Eddison, Selectman. �
MOTION: That a committe.e of three be appointed by the Moderator to 1
have the charge of the lectures under the wills of Eliza Cary Farnham and
Suzanna E. Cary for the current year.
Passed. 8:49 p.m.
Article 4. OPERATING BUDGET. '
�
Presented by John C. Eddison. � �
MOTION: That Line Item 200-102 Public School-Education be taken out
of order. '
Unanimously passed. 8:50 p.m. '
Presented by Shepard A. Clough, School Committee. � �
MOTION: Under line item 200-102 Public School-Education I move that
the amount of $22,311,077 be appropriated, of which $12,850 is for out of �
state travel, to which the sum of $288,428 in available and anticipated �see Pages
102 and
P.L. 874 and other Federal and State funds, and $36,000 in available and 107) �
anticipated athletic receipts is to be applied and the balance of
$21,986,649 is to be raised in the tax levy. 8:51 p.m.
Mr. Clough presented the School Committee perspective of the Budget,
noting the following issues: the extended deferral of equipment I
maintenance, escalating costs over which the Committee has little or no '
control, and the negotiations of contracts with teachers and custodians. �
He was recognized for a second ten minutes by the Moderator. 9:01 p.m.
Dr. Geoffrey Pierson, Superintendent of Schools, was recognized for �
two ten-minute periods to continue explanation. The increase being
recommended is 7%. 9:22 P•m•
The Moderator recognized Dr. Pierson for an additional 10 minutes. I
Mr. Clough presented a follow-up in detail of the FY87 overbudget. � �
9:29 p.m. �
The Moderator encouraged f ull debate, asking that amendments be �
deferred until thorough discussion had occurred and reminding Town �,
Meeting that amendments could not be made on individual items of the I
School Budget but to the Budget as a whole. 9:35 p.m. 'I
William S. Widnall, Precinct 2, asked for an explanation of Cherry �
Sheet reimbursement vis a vis the School Budget. 9:37 p.m.
I
Dr. Pierson stated that the total reimbursement does not come
close. There is not an even correspondence. 9:39 p.m. �
Sam Silverman, Precinct 5, suggested that the place to economize is ��
via personnel. 9:39 p.m. �
Dr. Pierson expressed his concern as to a reasonable teacher/pupil ,
ratio. Less expensive personnel are hired when vacancies exist.
9 :40 p.m. I
Mr. Clough concurred. 9 �42 P•m• i
Marthur Kalil, Precinct 7, asked for an explanation of the I
staff/secretary ratio and function. 9 :44 p.m.
Patricia McLaughlin, Precinct 4, asked for information as to the � �
function of the coordinator. 9 :45 p.m. ;� ;
Dr. Pierson gave a quick summary in response. 9:46 p.m. '
�
Sam Nablo, Precinct 6, questioned electricity charges. 9:47 p.m. ',
-- ---------------- —._ _
-----_---- ----- -------- —
�—--
(ANI�`UAIG `TOi�tN Nl��`T�I�G - March 30; 1987) �bnt.
9�
Dr. Pierson explained that the charge is based on bills from Boston
Edison and a recent reclassification is being re-evalued. 9:49 p.m.
Frank Sandy, Precinct 6, stated that excellence must be paid for,
but that spending money doesn't nece�sarily yield an excellent
education. He spoke in favor of inerit increases. 9:S1 p.m.
David Williams, Precinct 5, asked: for further explanation on the
kindergarten program expansion. 9:56 p.m.
Dr. Pierson stated that parents were in favor of an all morning
program, and that teachers are trying to accomplish too much in too short
a time. 9 :57 p.m.
�
�
f ; Michael Golay, Precinct 6, stated that a vote should not be taken
�__... tonight as the question had not been prepared in a manner that would
allow Town Meeting to act. He stated that it was not a take it or leave
it proposition, tiiat a set of pr.iorities was needed. He stated that the
issue is not the merit of the program, but that roughly 50% of the budget
was going to 20% of t,he .Town's f amilies. He expressed concer.n over the
test scores. 10:00 p.m.
James McLaughlin, Precinct 8, received a "yes" answer when he asked
if a majority vote was necessary to pass the School Budget. He stated
that everyone was there to vote and that a vote should be taken.
10:03 p.m.
Neil Gray, Precinct 9, stated that the inequities of compensation
needed to be addressed and that the Town is getting considerably moxe
than mediocre results from the tax dollar,. 10:05 p.m.
Carol Grodzins, Precinct 3, questioned where cuts could ,be made.
10:07 p.m.
Mr. Glough responded with some-possible areas where budget
reduction would occur if the budget were to be cut. 10:08 p.m;..
James Barry, Precinct 1, sta.ted that some courses are frills and
need to be cut. 10:12 p.m.
� Several citizens spoke from the balcony:
-- Marcia Baker, President of the Pre-School PTA, urged approval. Pat
McClure urged a renewal of commitment to education and the quality of
life and urged adoption as proposed by the School Committee. Peter
Ad1er, Lexington PTA Council President, spoke in support of the budget.
10:18 p.m.
Renee Cochin, Precinct 7, asked how much money had been xetuxned to
the General Funds. 10:22 p.m.
Mr. Clough stated that no money has been returned. 10:23 p.m.
June Hatfield, Co-President of the Bridge: School Association, said
that the Town has historically maintained a strong commitment to
excellent education and urged trust of the School Committee's budget.
: 10:28 p.m.
Thomas DelBanco, Partridge Road, stated it is a question as to
priorities and the value system. 10:32 p.m.
Louis LeBlanc, Precinct 9, stated that there is too much slush in
the curriculum and spoke against merit raises. 10:36 p.m.
�., Margaret Raw1s, Precinct 4, stated that she felt inadequate in
( ' making a decision but asked whether there would be a necessity for the
� � $300,000 Stabilization Fund. 10:38 p.m.
,__
Mr. Eddison stated that there was nothing in the budget that could
not be cut. Next year would be tougher than this and the Stabilization
Fund is a way o€ saving for a rainy day in order to cover essential
items. 10:39 p.m.
9 ��.g (ANNtJAL T6WN M��TY�TG - March 30, 19$7, cont.) i
Albert Zabin, Precinct 1, stated that there is no more important
issue than public education. He said that Town Meeting does not have to �I
chose between the School Budget and the Town Budget, as the School Budget
is part of the Town Budget. Whatever is cut is going to cut something
important. 10:45 p.m.
;
Paul Marshall, Member at Large, stated that it is a policy decision.
There can be a quality program with whatever they have. The decision is
what should the overall size of School Budget be, an increase of what
amount. He explained how all of the Budget is tied together.
Presented by Paul Marshall: ,
MOTION: Under line item 200-102 Public School-Education the amount (did not ,�
of $22,311,077 be changed to $22,008,012; and the amount of $21,986,649 pass- I
be changed to $21,683,584. 10:55 p.m. see Page �
101)
Paul Newman, School� Committee, urged Town Meeting to continue to
look critically at school programs; and to conti:nue to offer a !
superlative education. This is not a padded budget. He was concerned I
that recent gains not be jeopardized. 10:59 p.m.
Michael 0'Sullivan spoke of the share-line splitting between the �
School Budget and the rest of the Budget. 11:00 p.m.
i
Iris Wheaton, Precinct 7, said that rarely has there been so much
interest in one line item. The School Committee wants more money to make
a good system better and Mrs. Wheaton agreed but did not wish to lose !
some of the other items needed by the Town. She asked for documentation
from the Selectmen and the School Board as to what each would cut. I
11:02 p.m.
Paul Hamberger, Precinct 5, spoke in favor of the School Committee
proposal and asked for a modest improvement each year. 11:05 p.m. �,
1
Frederick Hagedorn, Precinct 1, rose to a Point of Information: Do �
we have to defeat the motion to get answers to Iris Wheaton's question?
The Moderator ruled that debate was over, stating that if anyone
wished to answer the question, the answer could be taken.
Paul Marshall asked for a Suspension of the Rules in order to
extend the debate for an additional ten minutes. The Moderator stated I
that there is no prevision to suspend the rules and suggested that �.
perhaps the By-laws might be revised at some future time. The Moderator ;
received no answer to Mrs. Wheaton's question. 11:07 p.m. �
I
i
Edith Sandy, Precinct 6, asked for a Rollcall Vote. The Moderator �
asked for 49 additional members to stand to ask for a Rollcall Vote.
Eugene Lee, Precinct 5, asked for the vote to be tabled until 8 p.m. ,
next meeting, and was ruled out of order because he made a statement i
prior to making the motion. The tellers reported the vote with the sum
of 38; the request for a Rollcall Vote failed. 11:09 p.m. �
Ephraim Weiss, Precinct 5, moved to table this motion until 8 ,
o'clock this coming Wednesday. The motion to table failed. 11:10 p.m. '
i
The voice vote on Mr. Marshall's amendment was in doubt and the
Moderator called for a Standing Vote. The clerks reported the vote as
follows: �
Precinct Yes No
1 g 13
2 6 11 �
3 7 13 �
4 8 11 ,� '
5 8 8 '
6 9 10
7 7 9 I
8 9 5 �
9 14 4 �
At large 14 7
Totals 90 91 '
_ ------ --- ----
I ------------------_
(ANNUATJ TOWN M�ETING - March 30, 1987, cont.) �� ;
The Moderator stated .that Mr. Marshall's motion did not carry.
11:15 p.m.
Arthur Smith called for a Point of Order: What is the state of this
current line item? Is it appropriate to make further amendments without
having to serve notice of. reconsideration? . The Moderator stated that it
would remain.open as a Line Item.
It was moved that the Town Meeting be adjourned until Wednesday,
April 1, 1987, at 8 p.m., Cary Memorial Hall, and the Moderator declared
the motion approved by voice vote at 11:17 p.m.
�
� A true copy. �
' Attest: �x/
Bernice H. Fallick, Town Clerk
! � .
�.._'
i ;
� '
`�"
9 �� i
I
ADJOIIRNED SESSION - 1987 ANNIIAL TOWN MEETING �
APRIL 1, 1987
The meeting was called to order by the Moderator Margery M. Battin �
at 8 p.m., in Cary Memorial Hall.
There were 183 Town Meeting Members present.
The invocation was offered by the Reverand Brian S. Dixon, First i
Baptist Church. 8:01 p.m.
Those present observed a moment of silence to note the death of
David Adler, husband of Alice Adler, Precinct 9 Town Meeting Member. ;
8:02 p.m. '
1
The Moderator reminded the Meeting of the Code of Conduct for Town
Meeting Members and gave brief reminders of procedures. �
ARTICLE 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
�
Iris Wheaton, Precinct 7, moved that the report of the Cary Lecture
Series be accepted and placed on file. I
Accepted and placed on file. 8:05 p.m.
The Moderator recognized Raymond Culler, Chairman of the Cary
Lecture Committee, who presented the report. 8:09 p.m. '
i
Carolyn Wilson presented the report of the Lincoln Street Sub- �
Committee. 8:12 p.m. 1
Judith Uhrig announced that the Planning Board reports had been
distributed. 8:13 p.m.
i
Erna Greene, Co-chairman of the Town Report Committee, announced i
that the Annual Report had been promised for delivery by April 10. ,
8:14 p.m. i
ARTICLE 4. OPERATING BUDGET
Sheldon Spector, Precinct 8, rose for a Point of Order regarding the I
the Code of Conduct for Town Meeting Members. 8:06 p.m.
The Moderator noted that the Code does not have the force of law but �
is to be used as a guideline. 8��� P•m• i
I
Anthony Clough, Chairman of the School Committee, spoke regarding
Line Item 200-102, taking issue with the Selectmen. He stated that a
rock bottom budget had been developed and he further presented the School ,
Committee's point of view. 8:24 p.m. ,
�
John Eddison, Selectmen, stated that the Selectmen vigorously '
opposed the suggestion to raid Free Cash. 8:25 p.m. �
Robert M. Hutchinson, Jr., Town Manager, objected to the proposal to
raid revenue to provide operating expenses. He said that all the revenue �
sources which can be taken at this time had been taken and that this �
fiscal resource should not be jeopardized. 8:27 P•m• ,
Michael 0'Sullivan speaking for the Appropriations Committee stated � �
that they had agreed to use this Meeting as a forum for the process and '
would act as. moderator between the School Committee and the Selectmen. A I
50/50 split would be offered and the amendment to be offered would reduce �
the educational request by $150,000.
Presented by Michael 0'Sullivan.
MOTION: Under line item 200-102 Public School-Education the amount of �Passed- '
$22,311,077 be changed to $22,161,077; and the amount of $21,986,649 be see
� Page 107)
changed to $21,836,649.
8:32 p.m. ,
------ -_ ----- -- _._.
� --- --- -- ___ -----___----
(Adjourned Session - 1987 Annual Town Meeting - April 1, 1987, cont.)1 0'�
John Eddison stated the supporf of the Selectmen in order to arrive
, at a compromise solution. The 5electmen 'are taking $50,000 from Article
17, Water Mains, and $100,000 from Article 23, Street Improvements. The
School Committee is asked to find another $150,000 from their budget.
8:34 p.m.
Edith Sandy, Precinct 6, expressed concern not with the cost but
with how the money was being used. She, asked for ways for productivity
� to be improved. 8:36 p.m.
�
Richard Michelson, Capitol Expenditures Committee, voiced supg.ort
for the Appropriations Committee motion. 8:36 p.m.
Robert Rotberg, Precinct 3, urged defeat of the motion. 8:38 p.m.
Florence Koplow, School Committee, spoke of a chipping away which
would lead to a problem with each succeeding year. She expressed regret
that the School Committee was not getting the support it, was. s.eeking.
8:43 p.m.
Sam Silverman, Precinct 5, rose for a Point of Clarification on the
Code of Conduct stating the moral obligation to prevent personal bias
from interfering. 8:45 p.m.
William Welch, Precinct 2, stated that although he works for the
School Department, he also represents the people of his precinct. He
asked if he might vote on the line item. 8:46 p.m.
William Spencer, Precinct 6, rose to pursue the same issue with the
Town Counsel. 8:49 p.m. ,
Norman Cohen,, Town Counsel, replied that the. words are there, that
the Moderator had explained the concern, and that if an off-the-record
� opinion were to be given on Article 4, then Mr. Spencer could vote on the
L_...- entire Article 4 as a whole. 8:51 p.m.
Sam Silverman rose for further clarification: When your interest is
the same as any other citizens, then you may vote. 8:53 p.m.
Sheldon Spector, Precinct 8, asked for a Rollcall Vote. 8:54 p.m.
The clerks reported 57 members standing to request a Rollcall Vote.
8.•55 p.m.
The Moderator repeated the motion. 8:56 p.m.
The following is the tally of the Rollcall Vote.
PRECINCT 1
TOWN MEETING MEMBERS YES NO ABSTAIN ABSENT
Joel A. Adler x
Nancy M. Adler x
James E. Barry x
Lois J. Barry x
Nathan M. Becker x
David A. Bell x
� Francis V. Busa x
E Chang Chih Cha.o x
' y� Nancy C. Gordon x
Frederick H. Hagedorn x
Ronald Levy x
John W. Maloney x .
William H. McAlduff,Jr. x
David Radlo x
Barry E. Sampson x
Edward P. Shannon x
James M. Shaw x
Ellen Doyle Sullivan x
James S. Wilson x
Albert P. Zabin � x
, �4�djourned Session - 1987 Annual Town Meeting - April 1, 1987, cont.) I
�
i
i
Judith L. Zabin x �
Totals 11 9 1 �
PRECINCT 2
TOWN MEETING MEMBERS YES NO ABSTAIN ABSENT
Elizabeth H. Clarke x
Eric T. Clarke x � �
Karen A. Dooks X
Leonora K. Feeney x
Marita B. Hartshorn X i
John R. Holt x '
Daniel A. Lucas x I�
Lillian T. MacArthur x ,
Barry H. Ma.rshall x I
Michael J. 0'Sullivan x
John T. Sackton x �
Vicky L. Schwartz X
Arthur C. Smith x
Christina J. Welch X i
Edna M. Welch X
William W. Welch, Jr. X �
William S. Widnall X �
Lynda A. Wik x I
Alan B. Wilson x
Carolyn C. Wilson x
Donald D. Wilson x i
Totals 10 10 1 0 �
PRECINCT 3
TOWN MEETING MEMBERS YES NO ABSTAIN ABSENT
— ' I
Joy C. Buchfirer x I
John P. Carrol x �
Jacqueline B. Davison x I
i
Suanne C. Dillman x '
Jean Gaudet .- I
x !
Erna S. Greene X
Carol J. Grodzins x i
Gloria V. Aolland X
Donna M. Hooper x �
Marj orie K. Ma.dof f x I
Marilyn K. Mairson x I
John J. McWeeney x
i
Mary Edna Neumeier X
Marian C. Reilly X
Ira Richer x �
Paul V. Riffin X I
Robert I. Rotberg X ;
Francis W. K. Smith x ,
Richard W. Souza X
Katherine M. Whyte x
Robert C. Whyte x
Totals 6 12 3 �
� i
PRECINCT 4 '� '
i
TOWN MEETING MEMBERS YES NO ABSTAIN ABSENT �
Gerald L. Abegg x
Nyles Nathan Barnert x
Julian J. Bussgang x
Nancy M. Cannalonga x �
L. Gail Colwell x
Ronald W. Colwell x
Dan H. Fenn, Jr. x
Angela E. Frick x I
�- ---—---- ---------—- _-----____
- --------- ----- ---_—__
1----
�d�
(Adjourned Session - 1987 Annual Town Meeting - April l, 1987, cont.)
Frederick C. Frick x
Katherine G. Fricker x
Donald R. Giller x
Georgia S. Glick x
Peter C. J. Kelley x
Patricia W. McLaughlin x
Gail H. Nill x
Richard F. Perry x
� Margaret F. Rawls x
Sandra J. Shaw x
Ruth S. Thomas x
Judith J. Uhrig x
Martin K. White x
Totals 12 8 1 0
PRECINCT 5
TOWN MEETING MEMBERS YES NO ABSTAIN ABSENT
Cynthia L. Blumsack x
Howard Cravis x
Wallace Cupp x '
Marshall J. Derby x
Guy W. Doran x
Elaine Dratch x
William M. Fraser x
Paul E. Hamburger x
John Hayward x
Judith C. Leader x
Eugene E. Lee x '
Leona W. Martin x
, Eric Jay Michelson x
Stephen W. Miller x
-- Paul Newman x
Diran M. Semonian x
Sam Silverman x
Patricia A. Swanson x
Julie F. Triessl x
Ephraim Weiss x -
David G. Williams x
Totals 9 9 3
PRECINCT 6
TOWN MEETING MEMBERS YES NO ABSTAIN ABSENT
Margaret N. Brooke x
Shepard Anthony Clough x
Robert H. Domnitz x
Niichael W. Golay x
Edmund C. Grant x
Elizabeth C. Haines x
Morton G. Kahan x
Florence Koplow x
Alan J. Lazarus x
Andrew Macey x
Judith B. Marshall x
� Joyce A. Miller x
- H. Bigelow Moore x
Ruth Joyce Nablo x '
Sam U. Nablo x
Setha G. Olson x
Edith Sandy x
Frank Sandy x
Susan S. Solomon x
William T. Spencer x
John S. Willson x
Totals 9 9 3
� ��journed Session - 1987 Annual Town Meeting - April 1, 1987, cont.) �
i
PRECINCT 7 I
TOWN MEMBERS YES NO ABSTAIN ABSENT ,
Catherine M.D. Abbott x
Esther S. Arlan x
George A. Burnell x
John R. Campbell x
Sally T. Castleman x
Renee T. Cochin x '
Stan N. Finkelstein x
Winifred L.L. Friedman x
Lloyd Gilson x I
Clarice B. Gordon x
Marvin H. Greenberg x �
Martin L. Hagerty x
Marthur H. Kalil x �
Deborah G. Kearney x
John E. Taylor x �
Jacquelyn H. Ward X
John E. Ward x
Iris G. Wheaton x
Robert V. Whitman x
Richard B. Wolk x
Martha C. Wood X �
Totals 15 5 1
I
PRECINCT 8 �
TOWN MEETING
MEMBERS YES NO ABSTAIN ABSENT I
�
Donald L. Bailey x
Richard H. Battin X
Roger F. Borghesani x i
Florence E. Connor X
William P. Fitzgerald X I
Ione D. Garing x I
Benjamin H. Golini x I
Gerald A. Heggie X �',
Sharon MacDonald x '
James M. McLaughlin x '�
Richard A. Michelson x
Gordon R. Osgood x
Susan G. Plumb x I
Jack Sarmanian X
Margaret Schwartz X
Sheldon A. Spector x
Dennis Sullivan x
John Ad.ams Taylor x
Carolyn H. Tiffany x i
Stanley E. Toye x I
Christopher B. Williams X
Totals 14 3 1 3 ,
i
PRECINCT 9 �
I
TOWN MEETING MEMBERS YES NO ABSTAIN ABSENT �:
Alice J. Adler X � I�
Brian Michael Adley x �
Kenneth 0. Alves x �
Diane C. Aronson x
Gordon E. Barnes, Jr. x �
Jane P. Buckley x
Richard L. Canale x
Margaret E. Coppe x �
Neil Gray X �
Deborah B. Green x
Frank J. Kava x
Louise V.T. Kava x
William P. Kennedy X !
-- -- ----- --------
1 ---- --- - -----------------__
(Adjourned Session - 1987 Annual Town Meeting - April l; 1987, cont.)
10`�
Eleanor H. Klauminzer x
Louis F. LeBlanc x
Paul E. Mazerall x
Janet Perry x _
Richard M. Perry x
Fred D. Rosenberg x
James J. Scanlon x
� Richard Schaye x
� � Totals 15 4 2
;
� � TOWN MEETING MEMBERS AT LARGE
YES NO ABSTAIN _ ABSENT
Ma.rgery M. Battin x
Norman P. Cohen x
William J. Dailey, Jr. x
Stephen W. Doran x
John C. Eddison x
Bernice H. Fallick x
Paul W. Marshall x
Leo P. McSweeney x
Jacquelyn R. Smith x
Totals 4 1 3 1
TOTAL TALLY OF ROLL CALL
PRECINCT YES N0 ABSTAIN ABSENT TOTAL
1 11 —9 . _. 1 21
2 10 10 1 0 21
3 6 12 3 21
4 12 8 1 0 21
5 9 9 3 21
6 9 9 3 21
' 7 15 5 1 21
8 14 3 1 3 21
9 15 4 2 21
AT LARGE 4 i 3 1 9
TOTALS 105 70 6 17 198 '
The Moderator declared the motion offered by Mr. Sullivan carried. .
9:23 p.m.. .
Mr. Clough served Notice of Reconsideration on Line Item 200-102.
9:24 .p..m.
Frederick Hagedorn, Precinct 1, questioned the impact of decisions.
being made as to the effect upon policy and asked for further input and
explanation. 9:25 p.m.
Richard Michelson, Precinct 8, rose for a Point of Or.der, asking
for information as to what item Mr. Clough had served Notice of
Reconsideration. The Moderator explained that as long as Article 4 is
open, the Town Meeting could come back to this line item. Once Article 4
is passed, the Notice of Reconsideration preserves the right to come back
to just this line item. 9:27 p.m.
Renee Cochin, Precinct 7, moved to have the Report of the Human
_' Services Committee accepted and placed on file.
Accepted and placed on file. 9:28 p.m.
Sam Silverman, Precinct 5, raised questions on the process and
policy on the Budget, Proposition 2 1/2, bonding, property tax, and user
fees. 9:32 p.m.
The Moderator indicated that the Town Meeting Members Association
intended this to be an ongoing area of dialogue. 9:32 .p.m.
Jacquelyn Ward, Precinct 7, asked for more responsibility from the
State under Proposition 2 1/2 for mandated programs. 9:36 p.m.
� ��journed Session - 1987 Annual Town Meeting - April 1, 1987, cont.) �
l
The Town Ma.nager stated that the need continues to be articulated to j
Mr. Doran and Mr. Kraus. 9:37 p.m.
The Moderator read Article 4.
ARTICLE 4. MOTION: That the following amounts be appropriated for the
ensuing fiscal year and be raised in the tax levy except where a transfer
is indicated they shall be provided by such a transfer.
I_,�+ I
Selectmen's Department '�
003-101 Perso�al Services $ 38,726 ,
003-102 Expenses 9�850 '
�
Town Manager's Office
004-101 Personal Services 173,955 �
004-102 Expenses 10,450
Town Manager's Jurisdiction
005-104 Temporary Help & Overtime 35,000
005-105 Clerical Pool 15,621 i
005-106 Office Furniture & Fixtures 4,000 I
005-121 General Professional Services 75,000
005-108 Fire & Police Medical 35,000
005-131 Director of Guides - P.S. 1,500
005-115 Out-of-State Travel 5,000
005-132 Tuition & Training Fees 12,500
005-133 In-State Travel 12,000
Selectmen's Jurisdiction
005-134 Safety Program Expenses 500 � � �
� I
Town Clerk's Department �
039-101 Personal Services 74,331 'i,,
039-102 Expenses 2,080 j
Board of Appeals �
061-101 Personal Services 19,148 �
061-102 Expenses _ 2,850 -
Planning Board , �
i
- ` �
063-101 Personal Services " 80,617 �
063-102 Expenses 6,340
i
075-102 Insurance 2,492,200 ;
� . I
William Welch,Jr., Precinct 2, "stated his abstention on Line Item
076-122 and 076-102. 9�38 P•m• �
� - �
Printing Town Report
I
019-102 Expenses 6,000 '" �,
Law Department
' I
045-128 Law Fees 115,000 �
045-102 Law Expenses 26,000 �.
,
� � ;
�
------- ------- --
-- ----__ ._ --______--
� --
10��
(Adjourned Session - 1987 Annual Town Me.eting - Apri1 1, 1987, cont.)
Elections -
006-158 Selectmen Jurisdiction 19,900
015-158 Town Clerk Jurisdiction 18;867
Board of Registrars
017-101 Personal Services 1;600
� 017-102 Expenses 31,150
Town Committees
Ol1-102 Appropriation Committee Expenses 950
483-182 Misc. Committees & Boards Expenses 5,000
482-102 Town Celebrations Committee Expenses ' 10�,000
Historic Districts Commission
481-102 Expenses 2,400
Vicky Schwartz, Precinct 2, asked for a definition of 483-182
Miscellaneous Committees. The Town Ma.nager explained that it includes
temporary committees, the Arts Council, the Youth Commission, etc.
9 :40 p.m.
Conservation Commission
487-101 Personal Services 47,793
487-102 Expenses ' 10,200
Recreation Committee ,
�
t � 621-101 Personal Services 161,951
� --� 621-102 Expenses 24,175
FINANEIAL OPERATION
024-101 Personal Services 361,607
024-102. Expenses 175,525
And further that the Treasurer and Collector is hereby
authorized to enter into compensating balance agreements
during fiscal year 1988, as permitted by General Laws
Chapter 44, Section 53F.
Health Department
501-101 Personal Services 83,064
. 501-102 Expenses 21,250
502-102 Visiting Nurse & Community Health 8,100
� 503-102 Rabies Clinic 3,325
Health Jurisdiction-Animal Control Officer
133-101 Personal Services 20,850
133-102 Expenses 8,155 -
� Police Department
�
i 101-101 Police Department Management and Staff-Personal 544,011
- Services
(of which $11,000.00 is to be transferred from the
Parking Meter Fund)
101-099 Police Department Collective Bargaining Unit- 1,541,220
Persorial Services
� �(�Adjourned Session - 1987 Annual Town Meeting - April l, 1987, cont.) • � �
� i
101-102 Expenses 235,372 i
101-149 Parking Meter Maintenance 3,700
(Of which $3,700.00 is to be transferred from the
Parking Meter Fund)
Fire Department �
�J103-101 Fire Department Management
and Staff-Personal Services 181,346
103-099 Fire Department Collective Bargaining
Unit-Personal Services 1,b63,537 ;
103-102 Expenses 155,715
Local Disaster Services
�
131-101 Personal Services 200
131-102 Expenses 500 �
Inspection Department
113-101 Personal Services 126,971 �
113-102 Expenses 3,950 I
William We1ch,Jr., Precinct 2, asked for an explanation of the
figures in 113-101 Personal Services. The Town Manager stated that a I
position had been fiiled during the current year. It is actual budget.
9:43 p.m.
PUBLIC WORKS
300-101 Personal Services 2,442,097
300-102 Expenses 3,197,005
(Of which $55,000.00 is to be transferred from !
the Westview Perpetual Care Fund) �
Fred Rosenberg, Precinct 9, presented the following motion:, �
�
MOTION: Line Item 300-102 be amended to add at the end thereof the (not a se - ��
words: "Provided further that none of the individual expense accounts see �e�ow�
listed on page 15 of the warrant which comprise the Public Works Expense ;
Budget shall be exceeded by more than twenty percent." �
9:47 p.m.
The Town Manager understood Mr. Rosenberg's concern and agreed to
the need for accountability. However he felt a responsibility to attempt ��
to avoid future Special Town Meetings and asked for management !
flexibility. 9:50 p.m.
Frank Sandy, Precinct 6, asked for a figure with which the Town
Manager could live. 9:50 p.m. �
I
The Town Manager said he would live with whatever figure the Town I
Meeting votes. 9:51 p.m.
JoHn Eddison, Selectman, voiced unanimous support of the Selectmen.
I
for the Town Manager in opposing Mr. Rosenberg's amendment.9:51 p.m.
Robert Rotberg, Precinct 3, voiced support of the amendment. � ,
9 :52 p.m.
i
The Moderator read the Amendment, called for a voice vote. The (Rosenberg i
Amendment was declared not carried. 9:53 p.m. amendment �'
did not pass)
Ephraim Weiss, Precinct 5, asked the Town Manager if there was any
change in insect suppression policy. The Town Manager stated that there ,
had been no change in policy. 9:54 p.m. i
-------------- ------ ----�--- --
'- l J ]
(Adjourned Session - 1987 Annual Town Meeting - April 1, 1987, cont.)
,
HUMAN SERVICES
Veterans' Benefits .
551-101 Personal Services 15,093
William Welch, Jr., questioned the percent of increase on 101-101
Police. The Town Manager explained it is due to raise in rank and
; filling positions. It is strictly performance based. 9:55 p.m.
Sheldon Spector, Precinct 8, asked if the Police Force is fully
manned. The Town Ma.nager stated that there are 3 positions short.
9:55 p.m.
551-102 Administration 325
Julian Bussgang, Precinct 4, asked the Selectmen about the
disposition of the Emergency Funds and the emergencies in the Public ,
, Works Department. He is against Tumping items into very big line item
budgets. Does the Appropriations Committee have the authority to
appropriate additional funds when certain line items have emergency
� situations and is the amount too small? The Town Manager explained the
procedure for implementing expenditures from the Emergency Fund.
9:57 p.m.
551-154 Aid & Expenses 15,104�
551-155 Grave Registration Expenses 200
551-156 Burial Expenses 500
Councii on .L�ging _
531-101 Personal Services 54,809
531-102 Expenses 50 300
,
Other Human Services
� 535-102 Mystic Valley Mental Health 15,000
" 536-102 Community Services 94,550
Eugene Lee, Precinct 5, questioned the amount of support to Mystic
Valley. John Eddison and Ha.rvey Lowell of the Human Services Committee
explained the rationale behind their figure. 10:02 ,p,m.
Cary Memorial Library
601-101 Personal Services 704,447
601-102 Expenses 207 750
�
(Of which $3,065 is to be transferred from
the County Dog License Fees. $21,587.00 in
Regular State Aid and $8,546.00 in Supplemental
State Aid to Public Libraries is also available
for use by the Trustees of the Library.)
Board of Retirement
071-118 Contributory Pension Fund 1,814,047
071-120 Pension Funding 300,000
(Of which $300,000.00 is to be transferred from
�; the Reserve Fund-Overlay Surplus.)
� William Welch, Precinct 2, asked for a breakdown of the Fund as to
input and interest. The Town Manager stated that the Fund currently has '
in excess of 2 1/2 million dollars. The Comptroller, John Ryan,
commented on the average yield. 10:04 p.m.
� �� � � �
(Adjourned Session - 1987 Annual Town Meeting - April 1, 1987, cont.)
�
�
071-119 Non-Contributory Pension Fund 221,500 j
071-102 Expenses 4,840
Public Schools �
200-102 Public School-Education 22,311,077•
(Of which $12,850 is for out of state .
travel.) To which the sum of $288,428 in (this amount did no ;
available and antici ated P.L. 874 and pass - see Page 10� for � � i
P 0 Sullivan amendment .
other Federal and State Funds, and $36,000 and Page 107 for vote) � �
in available and anticipated athletic
receipts is to be applied and the balance , �
�
of $21,986,649 is to. be raised in the tax ,. i
,
levy. �
201-137 Regional Vocational Technical High School :
Assessment 377,024 �
700-127 Interest on Dept 837,142 �
700-150 Tax and Bond Anticipation Loans 10,000
700-126 Maturing Dept 1,110,000 ` I
�
Karen Dooks, Precinct 2, asked for an explanation of the increase in I
the Minute-man Vocational High School Budget. Rober.t Jackson, Minute-man
School Chairman, explained the need for updating equipment. 10:07 p.m. i
Alan Lazarus, Precinct 6, asked for more detail. ,Mr. Jackson stated
that there had been an increase in the number of students, salaries and
equipment. 10:09 p.m.
The Moderator declared Article 4 passed unanimously by voice vote. !
10:10 p.m. �
James Barry, Precinct l, declared Notice of Reconsideration on
Article 4. � 10:10 p.m. I
�
ARTICLE 5. SALARY ADJUSTMENTS AND COLLECTIVE BARGATNING SETTLEMENTS
I
Presented by William J. •Dailey, Jr. , Selectman. .
MOTION: That $315,000 be appropriated for the ensuing fiscal (passed-
year, in addition to those authorized under Article 4 of this see Page 113)
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, and that such amount be raised in �
the tax levy.
The amount voted is to be distributed among the following
accounts as authorized by the Board of Selectmen:
ACCT. ��' DEPARTMENT
003-101 Selectmen's Department �
004-101 Town Manager's Office �
005-104 Temporary Help & Overtime �
005-105 Clerical Services I
005-131 Director of Guides �
039-101 Town Clerk's Office
161-101 Board of Appeals �
063-101 Planning Board
017-101 Board of Registrars
487-101 Conservation Commission '
621-101 Recr.eation �
024-101 Financial Operations Personal Services
501-101 Health
133-101 Animal Control
101-101 Police Ma.nagement and Staff '
---— ------ --------------- .
-- ------ ----_-- — --
-.- ___
�--------------
���, .
(Adjourned Session - 1987 Annual Town.Meeting - April 1, 198.7, cont.)
�
101-099 Patrolmen and Sergeants Personal Services
103-101 Fire Management and Staff
103-099 Fire Collective Bargaining Group - Personal Services
113-101 Inspection
300-101 Public Works Personal Services
551-101 Veterans' Services
531-101 Council on Aging
�-n-. 601-101 Library
t
�_.;
William Spencer; Precinct 6, quest�:oned the figures.
. 10:12 p.m.
, The Town Manager explained the procedure and explained that he
budgets to "actual." William Welch, Jr. questioned the procedure
further. The Town Manager explained the wage increases and the positions
- filled. There was further explanation by Mr. 0'Sullivan, Mr. Barnert, Mr.
Dailey, and comments by Mr. Lazarus and Mr. Weiss. Mr. Weiss, Precinct
5, asked that in future years the presentation be presented in a way
which would be easier to understand. 10.22 p.m.
The Moderator declared the motion offered by Mr. Dailey as
unanimously passed by voice vote. � 10:22 p.m.
ARTICLE 6. SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR (FY87)
Presented by Wiliiam Dailey, Jr., Selectman.
MOTION: That the sum of $140,000 be appropriated to. be used in �Passed-
conjunction with the money appropriated under Article 4 of the see
warrant for the 198b Annual Town Meeting for Public Works below
Personal Services-Collective Bargaining, and to rai-se such :amount reconsi-
$5,354 be transferred from available P.L. 98-185 General Revenue dered
Sharing Funds and $134,646 be transferred from the Excess and and
amended-
Deficiency Account. Page 142)
.� -
Mr. Dailey�presented the information on the motion. He stated that
this amount was too large to fund from the Reserve Fund. 1Oc24 p.m.
Mr. 0'Sullivan stated that the Appropriations Committee recommended
favorable action on this motion. 10:25 p.m.
Albert Zabin, Precinct l, asked for what the impact would be if the
amount were to be reduced. The Town Manager stated that there would be
serious operating difficulties. 10:25 p.m.
The Moderator declared the motion offered by Mr. Dailey passed
unanimously by voice vote. 10:26 p.m.
ARTICLE 7. PRIOR YEARS' UNPAID BILLS
Presented by William Dailey, Jr., Selectman.
MOTION: That this article be indefinitely postponed.
The Moderator declared the motion carried by unanimous vote.
10:27 p.m.
_ ARTICLE 8. SUPPLEMENTAL APPROPRIATIONS 0 E-
MENT PROJECTS
�MOTION: (a) That the sum of $60,000 be appropriated to be used
in conjunction with the funds appropriated under Article 23 of
the warrant for the 1986 Annual Town Meeting for improving and
upgrading traffic control signals at the intersection of Bedford
Street, Revere Street and Hill Street, and to raise such amount
$60,000 be transferred from the Reserve Fund - Overlay Surplus.
� �� i
Adjourned Session - T987 Annual Tocan Meeting - April l, T98.7, cont.)
'
(b) That the sum of $65,000 be appropriated for remodeling, j
reconstructing and making extraordinary repairs to the Bridge '
School and that to raise this `amount $65,000 shall be transferred
from the Insurance Reimbursement Account to supplement Article 35B of tlie
1986 Annnual Town Meeting.
John Eddison, Selectman, moved that this article be postponed until
Monday, April 27. --� ;
;� I
Mr. Eddison explained that there are no bids at this time and that �
some are expected back by Apri1 23.
A voice vote was taken and the Moderator declared the motion ;
postponed. 10:28 p.m.
Shepard Clough served Reconsideration on Article 5 and Article 6.
10:29 p.m. I
ARTICLE 9. RESERVE FUND
Presented by William Dailey, Jr. , Selectman. ,
MOTION: That the sum of $250,000 be appropriated for the Reserve �Passed- �
Fund and to raise such amount, $175,000.00 be transferred from see below) '
the Reserve Fund - Overlay Surplus and $75,000.00 be raised in
� the tax levy.
Mr. Dailey presented the function of the Reserve Fund and procedures j
related. He explained that the Appropriations Committee is involved in
the approval process. 10:31 p.m. �
Renee Cochin, Precinct 7, asked how much is accumulated in the I
Reserve Fund. Mr. Dailey answered that there is approximately $125,000
presently in the Fund. Julian Bussgang asked if the Reserve Fund is � ,
available to the School Department and received an affirmative response. �
Mr. 0'Sullivan added that the responsibility of the Appropriations � �
Committee is shared with the Selectmen and urged approval. William �
I
Welch, Jr. , asked what the tax rate would be in relation to this and Mr. i
Dailey answered eight cents.
�
The Moderator declared the motion carried unanimously by voice '
vote. 10:34 p.m. j
;
ARTICLE 10. TAX ANTICIPATION BORROWING I
j
Presented by William Dailey, Jr., Selectman. �
I
MOTION: That the Town Treasurer, with the approval of the (passed-
Selectmen, be authorized to borrow money from time to time in see below) i
anticipation of the revenue for the fiscal year beginning .July 1, ,
1987 and to issue a note or notes therefor, payable within one �
I
year, under G.L. c. 44, sec. 4 as amended, and to renew any note ',
or notes as may be given for a period of less than one year,
under G.L. c. 44, sec. 17.
Mr. Dailey listed the corporate citizens who had paid their """'l �
anticipated taxes early. 1{
��J
The Moderator declared the motion carried unanimously. 10:35 p.m. �
I
ARTICLE 11. UNEMPLOYMENT COMPENSATION FUND
Offered by William Dailey,Jr., Selectman. I
MOTION: That this article be indefinitely postponed. ;
The Moderator declared Article 11 indefinitely postponed by �
unanimous voice vote. 10:37 p.m.
- -------------- �— __— _ _-----------
(Adjourned Session - 1987 Annual .Town Meeting - April 1,, 1987, cont.�1 5
ARTICLE 12. CONSERVATION FUND
Presented by Angela Frick, Precinct 4, speaking for the Conservation
Commission.
MOTION: That the sum of $25,000.00 be appropriated for the (passed-
Conservation Fund and that such amount be raised in the tax levy. see
below)
�I
, Mrs. Frick explained_ that this is an annual request to replenish the
t�_-- fund which is used for title search, appraisals, opinion of value,
acquiring small parcels of land, and the like.
John Eddison, speaking for the Selectmen, and Michael 0'Sullivan,
for the Appropriations Committee, urged favorable action.
The Moderator declared the motion carried by unanimous voice vote.
10:40 p.m.
ARTICLE 13.
Arthur C. Smith moved adjournment. The Moderator declared the
Meeting adjourned until Monday, April 6, at 8 p.m. ,
A true copy.
Attest: �
Bernice H. Fallick, Town Clerk
�i
�.-_
. , ,. . . , � �� , , _ S� .. , , ��; , ...
� �� � i
ADJOIIRNED SESSION - 1987 ANNUAL- TOWN I�IEETING i
APRIL 6, 1987
;
The meeting was called to order by the moderator Margery M. Battin
at 8:02 p.m. , in Cary Memorial Hall.
There were 183 Town Meeting Members present.
The invocation was offered by the Reverand Msgr. John P. Keilty, St. I� I
Brigid's Church. 8:03 p.m. � i
�
The Moderator offered the Town's appreciation to Stephen Cripps, �,
Planning Board member, who will be moving from Lexington. 8:05 p.m. i
i
The Moderator stated that Article 2 will be open throughout.
Judith Uhrig, Planning Board, explained that the Planning Board �,
will hold an information meeting within the Town Meeting on April 15 in
order to outline Article 43 and to ask for comments and questions, and to '
aid in any possible amendments which will be offered because of the
ramifications of making changes from the floor. ,
8:08 p.m.
i
�
In reply to a question from Robert Rotberg as to exactly what time i
the information meeting would be held, Mrs. Uhrig replied in the middle. i
8:09 p.m. �
ARTICLE 13. STABILIZATION FUND
l
MOTION: That the sum of $300,000 be appropriated for a (passed-see
stabilization fund in accordance with G.L. Chapter 40, Section below_____
5-B, and that such amount be raised in the tax levy. reconsidered and
� , amended-see ��
Presented by John Eddison, Selectman. 8:10 p.m. Page 144) � i
This fund will be a hedge against the future allowing the Town to �
respond effectively. There is no penalty as to state reimbursement �
funds. Mr. Eddison listed several priority items for expenditures.
8:15 p.m. I
�
John Hayward, Precinct 5, asked where the money would be placed. �
The Town Manager replied that it would be invested with other town
monies. 8:16 p.m.
I
In reply to a question from. Ronald Levy, Precinct 1, Mr. Eddison
replied that there is no free lunch. The $300,000 for this purpose will
not be available for other purposes. 8:17 p.m.
Michael 0'Sullivan stated the Appropriations Committee approval, ;
thinking of it as an investment plan and a tax shelter which still allows I
us favorable state assistance.
. ;
Richard Michelson stated the support of the Capital Expenditures '
Committee. 8:19 p.m.
The motion carried by voice vote. 8:19 p.m.
Robert Rotberg, Precinct 3, served Notice of Reconsideration.
8:19 p.m.
�
ARTICLE 14. ESTABLISHMENT OF ENTERPRISE FUNDS �
MOTION: That the Town accept Section 39K of Chapter 40 of the (passed - I
General Laws for the establishment of a water enterprise fund see Page
and a sewer enterprise fund. 117)
�
Presented by Jacquelyn Smith, Selectman. 8:20 p.m.
This will be the beginning of management of skyrocketing costs through
user fees. The Town Meeting still authorizes the money to be brought out
----1— --- ------ - -- -----
i �A
(Adjourned Session - 1987 Annual Town Meeting - April 6, 1987, cont.)
of these funds. The annual budget- for each fund must .be prepared in
time for annual town budget. The. interes:t remains in the fund.
8:27 p.m.
Renee Cochin, Precinct 7, asked a series of questions and Mrs. Smith
replied that once funded, they cannot be transferred; that no other
enterprise funds are anticipated at this time and that they are limited
..�- by the state; that the Board of Selectmen is the appropriate entity to
� determine uses. 8:30 p.m.
= Ephraim Weiss, Precinct 5, spoke in support and thanked
Representative Doran for the informational material. 8:31 p.m.
The Moderator declared the motion carried by a nearly unanimous
voice vote: 8:31 p.m.
r;
ARTICLE 15. WORKMEN'S COMPENSATION SELF INSURANCE .
(Passed-
MOTION: That the Town accept Section 13A of Chapter 40 of the see below)
General Laws.
Presented by Jacquelyn Smith. 8:32 p.m.
The Town is self-insuring for Workmen's Compensation costs. The
money is retained until needed and may be used as investment income.
The money would be managed by the Trustees of the Public Trust.
William Welch, Precinct 2, asked what proportion is administrative
costs. Mrs. Smith replied $15,000. 8:36 p.m.
Julian Bussgang, Precinct 4, asked if there were some kind of
insurance on top of self-insurance, and Mrs'. Smith replied that fihere is
catastrophic coverage. 8•36 p.m.
� In reply to Robert Domnitz, Precinct 6, Susan Adler, Assistant to
the Town Manager, outlined the claims procedures. 8:37_ p.m.
The Moderator declared the motion carried by unanimous voice vote.
8:38 p.m.
ARTICLE 16. MASSACHUSETTS WATER RESOUREES_AUTHORITY: � _,
MOTION: That the sum of $1,796,319 be appropriated for the cost �Passed-
of the delivery of water and for sewage collection, disposal and see
treatment services provided by the Mass. Water Resources below)
Authority, and that such amount be raised in the tax levy.
Presented by Jacquelyn Smith, Selectman. 8:40 p.m.
The Town is to be part of the cleanup efforts.
Michael 0'Sullivan voiced the Appropriations Gommittee approval.
The Moderator declared the motion carried by unanimous vote.
8:40 p.m.
��
� _' ARTICLE 17. WATER MAINS
MOTION: That the Selectmen be and they hereby are authorized to
install new or replacement water mains and elean and line
(passed-
existing water mains in such accepted or unaccepted streets or see
other land as the Selectmen may determine, subject to th� Page 118
assessment of betterments or otherwise, and to take by eminent ----------
domain, purchase or otherwise acquire any fee, easement or reconsidered
interest in land necessary therefor; to appropriate the sum of and
$550,000 for such installation and land acquisition; and that to amended
raise such amount $10,000 be transferred from the Unreserved - .;: � Page 143)
Fund-Special Assessments and $540,000 be raised in the tax levy.
� �(�Adjourned Session - 1987 Annual Town Meeting - April 6, 1987, cont.) �
�
Presented by Leo McSweeney, Selectman. 8:41 p.m. �
The original amount is being reduced as part of the Selectmen's �
response to the vote on Article 4.
Frank Sandy, Precinct 6, asked for coordination of street paving,
sewer and water repair. Frank Fields, Town Engineer, explained that
cleaning and lining of pipes does not reqt�ire extensive excavation.: �•r �
8:45 p.m. I�
i
Eugene Lee, Precinct 5, asked how the reduction of $50,000 will ''� !
affect the program. The Town Manager stated that certain streets will be ,
dropped off according to a priority list. 8:4b p.m.
i
Sheldon Spector, Capital Expenditures Committee, made the following
motion under Article 17:
�
The figure of $550,000 be revised to $400,000 and the figure of �dlpasst
$540,000 be revised to $390,000. see below)
8:48 p.m.
Leo McSweeney, for the Selectmen, urged defeat of the motion
presented by Mr. Spector, as did Michael 0'Sullivan, Appropriations �,
Committee. 8:50 p.m.
Alan Lazarus, Precinct 6, questioned the lifes.pan of pipes; the Town
Manager replied +/- 50 years. 8:52 P•m• ,
)
The Moderator declared that the amendment offered by Mr. Spector did ��
not carry. 8:53 p.m. l
I
Following the vote on the motion offered by Mr. McSweeney, the
Moderator declared a nearly unanimous passage. 8:54 p.m. �
Richard Michelson, Capi�,al Expenditures Committee, served Notice of �,� I�
Reconsideration. 8:54 p.m.
ARTICLE 18. WATER LEAK DETECTION i
MOTION: That the sum of $35,000 be appropriated for the purpose (passed- �
of detecting leaks in water mains; that such amount be raised in see Page
the tax levy; and that the Selectmen be authorized to apply for, 119)
accept, expend and borrow in anticipation of state aid for such
proj ect.
Presented by Leo McSweeney, Selectman. 8:54 p.m.
This is an attempt to trace water lost after entering the MWRA ��
system and not accounted for by user fees.
Following a question concerning accuracy by William Welch, Precinct I
2, Richard Spiers, Public Works Department, stated that the listening �;
devices can locate within a foot of a leak. 8:58 p.m.
Julian Bussgang, Precinct 4, asked why the fund just voted was not
bein directed for this purpose, and was told that the Enterprise Fund
g
does not exist at this time. William Frazer, Precinct 5, further !
questioned Mr. Spiers as to engineering. Sam Nablo, Precinct 6, asked if ;
the Town should purchase the equipment to do testing and the Town Manager
stated that costs would be' investigated. 9:01 p.m. � I
I
. , , _ . : . !°;,,
Robert Rotberg, Precinct 3, referred to previous tests and the Town �,
Manager replied that those had involved the sanitary sewers. 9:04 p.m.
Ephraim Weiss, Precinct 5, and Eugene Lee, Precinct 5,
further
questioned the procedures. 9:07 p.m. I
Michael 0'Sullivan, Appropriations Committee, stated it is a cost '
effective mechanism. 9:08 p.m.
i
-- - ------------ -- -------
—1--------- -- — - ---_-
1 �9
(Adjourned Session - 1987 Annual Town Meeting - April 6, L987 , cont.)
William Fraser, Precinct 5, and James Barry, Precinct 1, raised
questions on procedures which were answered by the Town Manager.
9:10 p.m.
The Moderator declared the motion passed by voice vote. 9:11 p.m.
ARTICLE 19. INSTALL DRAINS/WIDENING; DEEPENING OR ALTERING BROOKS
_ MOTION: That this article be indefinitely postponed.
Presented by Leo McSweeney, Selectman. � �
The Moderator declared the motion indefinitely postponed.
9:12 p.m.
ARTICLE 20. CONSTRUCT SIDEWALKS
MOTION: That the Selectmen be and they hereby are authorized to
construct or reconstruct concrete, bituminous conc.rete or other �Passed-
sidewalks, and to take by eminent domain, purchase or otherwis'e see
acquire any fee, easement or other interest in land necessary below)
therefor; to appropriate the sum of $140,000 for such
construction or reconstruction and land acquisition, and that to
raise such amount $140,000.00 be transferred from the Unreserved
Fund-Special Assessments.
Presented by WiYliam Dailey, Jr., Selectman. 9:13 p.m.
Mr. Dailey outlined the route of the sidewalk and read a letter from
the League of Women Voters in support.
Sandra Shaw, Precinct 4, questioned the slide presented by Peter
_. Chalpin, which he further explained. In response to Joel Adler, Precinct
1, Mr. Dailey replied that all sidewalks henceforth will be handicapped
accessible. 9:19 p.m.
In reponse to William Spencer, Precinct 6, it was noted that there
would be an information meeting to notify and explain the plans to
abutters. 9:20 p.m.
Margaret Brooke, Precinct 6, said it would be more logical to have
the sidewalk �on the other side of the street. Frank Field, Engineer,
explained the choice, the impacts, the retaining wall, and the need for a
railing if on the opposite side of the street.. 9:21 p.m.
Lynda Wik voiced the School Committee support. 9:22 p.m.
Florence Connor, Precinct 8, stated the need for a crossing guard
and Mr. Dailey stated that the Traffic Advisory Committee would be
consulted. 9:23 p.m.
Paul Hamburger, Precinct 5, stated his support` and asked for an
update on last year's sidewalk article. 9:24 p.m.
,,�, Mr. Dailey stated 'that by May 1 the contract would be out for bid.
� _� _ . ;9:25 p.m.
�`
Mr. 0'Sullivan stated support by the Appropriations Committee.
9 :25 p.m.
Donald Giller, Precinct 4, asked if all sidewalks were to be
bituminous concrete. Mr. Dailey replied in the affirmative except for
those where aesthetic consideration needed to be taken into account.
Robert Domnitz stated his concern for sidewalks``to be cle'ared of snow. '
Joanne Brown speaking from the balcony urged support. 9:27 p.m.
� The Moderator declared the vote to be unanimous. 9:28 p.m.
� �(Adjourned Session - 1987 Annual� Town �Meeting - April 6, 1987, cont.) �
ARTICLE 21. SANITARY SEWERS I
MOTION: That this article be indefinitely postponed. �
Presented by William Dailey, Jr., Selectman. 9:28 p.m.
Mr. Dailey asked for the indefinite postponement as there are no ,--,,, i
projects by the Town. He explained the intent to address the sewer main I� i
and sewer systems in the Chandler Street area next year. In response to ,
a question from Robert Rotberg, Precinct 3, he gave the history of the
problem, stating that there was no health problem. Ephraim Weiss, j
Precinct 5, stated that this problem needed to be judged on its own. j
9 :31 p.m. ',
The Moderator declared the postponement to be unanimous.9:31 p.m. �
I
ARTICLE 22. PUBLIC WORKS EQUIPMENT
MOTION: That the sum of $300,000 be appropriated for the (passed-
purchase by or with the approval of the Selectmen of equipment see below) �
for the Department of Public Works, and that such amount be ;
raised in the tax levy. '
�
Presented Uy William )ailey, Jr., Selectman. 9:33 p.m.
I
Esther S. Arlan, Capital Expenditures Committee, presented the �
following motion:
The sum of $250,000.00 be substituted for the amount of (did not pass-
see below) 1
$300,000.00. �
9:36 p.m. ;
I
Mr. Dailey urged defeat of Mrs. Arlan's motion. Mr. -0'Sullivan ''
stated that the Appropriations Committee support the Selectmen on full
appropriation as an investment in equipment. Carol Grodzins, Precinct 3, ;
urged that a cut be made here rather than in the School Budget. Richard I
Michelson, Capital Expenditures Committee, stated that all the equipment �,
could be purchased for $250,000 without jeopardizing the town's
equipment. James McLaughlin, Precinct 8, stated that repair costs will
make up the $50,000.
The Moderator declared the motion offered by Mrs. Arlan not passed. �
9:54 p.m.
The Moderator declared the motion offered by Mr. Dailey passed I
almost unanimously. 9:45 p.m.
Sheldon Spector, Capital Expenditures Committee, served Notice .of
Reconsideration. 9:45 p.m.
ARTICLE 23. STREET IMPROVEMENTS
MOTION: That the Treasurer with the approval of the Selectmen be '
authorized to issue Highway Reimbursement Notes of the Town under CPassed- j
G.L. c. 44, sec. 6, as amended, in anticipation of reimbursement see Page ;
by the Commonwealth for highway reconstruction and improvements 121) ;
under the authority of Chapter 90 of the General Laws as funded, ;
and that notes issued for a shorter period than two years may be
refunded by the issue of new notes maturing within two years from '
the date of the original obligation; that the Selectmen are �
authorized to accept highway funds from all sources; that, in .
addition, the sum of $300,000 be appropriated for highway
improvements, and that such amount be raised in the tax levy.
�
Presented by William Dailey, Jr. , Selectman. 9:45 p.m.
ii
---------- --------- —�—
�2�
(Adjourned Session - 1987 Annual Town Meeting - April 6, 1987, cont.)
Mr. Dailey stated that this is the annual street resurfacing
program. Mr. 0'Sullivan, Appropriations Committee, voiced support.
Ephraim Weiss, Precinct 5, asked how much is requested on fhe tax levy
and was told $300,000.
The Moderator declared the �otion unanimously passed. 9:48 p.m.
ARTICLE 24. PARKING LOT OPERATION AND MAINTENANCE
� MOTION: That the sum of $125,000 be appropriated for parking lot
operation and maintenanee in the Town, and that such amount be (passed-
transferred from Parking Funds. see
below)
Presented by Paul Marshall, Selectman. 9:49 p.m.
Mr. Marshall explained the procedures. Mr. 0'Sullivan,
Appropriations Committee, recommended favorable action.
The Moderator declared the motion to have passed unanimously.
9:51 p.m.
ARTICLE 25. TRAFFIC SIGNALS
MOTION: That the sum of $60,000 be appropriated for improving (passed-
and upgrading traffic control signals at the East Lexington see Page
Branch Library and other locations in Town, and that such amount 122)
be raised in the tax levy.
Presented by Paul Marshall, Selectman. 9:52 p.m.
Sheldon Spector, Capital Expenditures, moved to postpone until after
Article 8. Article 8 is being rebid and there is currently no actual
cost. There was further discussion: Nathan Becker, Precinct l; Richard
�� Schaye, Precinct 9; James Barry, Precinct l; Vicky Schwartz, Precinct 2;
Martin Hagerty, Precinct 7;. Alan Lazarus, Precinct 6; speaking in favor
of not postponing._ 10:01 p.m.
Richard Michelson, Capital Expenditures, reminded the Meeting that
s $60,000 had been budgeted for the Bedford Street light and it was not
within cost. 10:01 p.m.
The Moderator declared that the subsidiary motions did not prevail.
10:02 p.m.
Marita Hartshorn, Precinct 2, urged voting against the. main motion;
Donald Giller, Precinct 4, urged a look at all of Massachusetts Avenue;
Elaine Dratch, Precinct 5, stated that Munroe School is occupied and
stated that in the light of the difficulty of getting bids, that bidding
both at once should be considered. She was told that this one could not
go out until July. John Sackton, Precinct 2, said it is a pnblic safety
issue. 10:09 p.m.
There was considerable discussion as to the need for the light. The
following spoke in favor: Joel Adler, Precinct 1; Kathy England, 34
Grant Street; Eugene Beauchemin, citizen of Precinct 2; Myla Kabat-Zinn,
President of the East Lexington Neighborhood Association; Michael
0'Sullivan, Appropriations Committee. 10:15 p.m.
There was discussion by Joy Buchfirer, Precinct 3, and Mr. Marshall
as to the sequence of the colors of the lights. Robert Domnitz, Precinct
6, voiced support 10:17 p.m.
Sheldon Spector, Precinct 8, stated that the light was not working
properly and questioned the whereabouts of the police. 10:19 p.m.
Martin Hagerty, Precinct 7, urged support, as did Nathan Becker,
Precinct 1. Michael Golay, Precinct 6, asked for parking restrictions.
Karen Dooks urged support. 10:23 p.m.
t �2
(Adjourned Session - 1987 Annual Town Meeting - April 6, 1987, cont.)
I
i
William Fraser, Precinct 5, moved the question.
I
The Moderator declared the motion passed. 10:24 p.m.
The Moderator declared the main motion passed nearly uananimously.
10:25 p.m.
, �
i
ARTICLE 26. REPLACE OIL STORAGE TANKS I
I
�
MOTION: That the sum of $15,000 be appropriated to replace town (Passed- ,
owned oil storage tanks, and that such amount be raised in the see below) �
tax levy.
Presented by John Eddison, Selectman. 10:25 p.m. ;
�
Mr. Eddison explained that the testing would be to ascertain the
structural integrity and replacement when necessary.
Joel Adler, Precinct 1, and Richard Schaye, Precinct 9, spoke in
support. Fire Chief John Bergeron answered several questions concerning
tanks, connections, fiberglass vs. steel. 10:30 p.m.
Michael 0'Sullivan, Appropriations Committee, and Richard Michelson, ;
Capital Expenditures Committee, recommended favorable action. Chief �
Bergeron stated the intent to begin the program this spring after heating �
season is over. 10:32 p.m.
Angela Frick, Precinct 4, rose for a Point of Personal Privilege to
thank those responsible for the new speakers in the auditorium. �
' 10:33 p.m.
The Moderator declared the motion presented by Mr. Eddison as passed
unanimously. 10:34 p.m. �
�
Mr. Eddison moved for adjournment until Wednesday, April 8, at 8
p.m. The Moderator declared the meeting adjourned. 10:35 p.m.
i
I
A true copy.
i
Attest:
` I
1
Bernice H. Fallick, Town Clerk
f
i
, ;
l
i
�'
----- ---------- �------ --- ------
---- -- _
12��
ADJUIIRNED SESSION .-..1987 ANNIIAL TOAN MEETIftG
APRIL 8, 1987
The meeting was called to order by Moderator Ma.rgery M, Battin at
8:02 p.m., in Cary Memorial Hall.
There were 181 Town Meeting Members present.
The invocation was offered by Rabbi Bernard Eisenman of TempTe
; Emunah. 8:04 p.m.
ARTICLE 2. REPORTS
Joyce Miller, Conservation Commission Chairman, asked that the Land
Bank Report be accepted and placed on file. It will be brought up on
April 27. 8:07 p.m.
The Moderator declared the report accepted and placed on file.
8:08 p.m.
ARTICLE 27. SENIOR CENTER HEATING
MOTION: That the sum of $75,000 be appropriated for making �Passed-
extraordinary repairs to the Senior Center, and that such amount see
be raised in the. tax levy. below)
Richard Battin abstaining, Norman Cohen, Town Counsel, serving as
Moderator.
Presented by John Eddison. 8:08 p.m.
The heating is inadequate at floor level. The problems are due to a
combination of factors and the proposal is for a heating engineer's
- solution. Julian Bussgang had suggested an architectural study. and Mr.
' Eddison asked for the motion to be approved with a commitment that an
- architectural studq funded by the Town Manager's Professional Services
Budget be done. 8:.14 p.m.
Dorothy Boggia, Chairman:of the Council on t�ging, reported on the
situation. 8:15 p.m.
Joel Adler, Precinct 1, wondered to what degree the developer is
responsible. 8:17 p.m.
Mr. Eddison replied that in the overall context the architect did a
good job. 8:19 p.m.
The Town Manager stated that it would be highly unlikely for any
recourse to be obtained against the developer. 8:21 p.m.
Nathan Becker, Precinct 1, moved the motion but was declared out of
order as he prefaced his motion with comments. 8:21 p.m.
Michael 0'Sullivan, Appropriations Committee, stated approval.
8:22 p.m.
James McLaughlin, Precinct l, moved the motion.
' The Moderator declared the motion passed by unanimous vote.
4 8:23 p.m.
ARTICLE 28. EXHAUST FANS AT 201 BEDFORD STREET
MOTION: That the sum of $30,000 be appropriated to purchase and �Passed-
� install exhaust fans at the Public Works building, and that such see
amount be raised in the tax levy. Page
124)
Presented by Leo McSweeney, Selectman. 8:24 p.m.
� (djourned Session - 1987 Annual Town Meeting - April 8, 1987, cont.)
I
I
Michael 0'Sullivan stated that the Appropriations Committee gives
its approval. 8:25 p.m.
Ephraim Weiss, Precinct 5, asked if exhaust hoses and pipes are
available. 8:26 p.m.
Mr. McSweeney stated yes, in some areas. Mr. Weiss asked if it
would not be more economical to uses hoses. 8:27 P•m. i
i
, i
�
James McLaughlin, Precinct 8, voiced support of the fans in order to
pull exhaust out quickly. 8:29 p.m.
Sam Nablo, Precinct 6, urged support stating that diesel exhaust �
gives off nitrous oxide. 8:30 p.m. '
Frank Sandy, Precinct 6, asked why not use pipes in the warmup i
area. Mr. McSweeney stated that because of the configuration, fans wuld
be best. 8:31 p.m.
William Spencer, Precinct 6, asked how the heating cost would be
affected and was told that this area is not heated. 8:31 p.m.
Nathan Becker, Precinct 1, asked if the size of the fans had been
determined. Mr. McSweeney stated that twelve 36" updraft fans would be i
used and posed no danger to the neighborhood. 8:32 p.m. �
The Moderator declared the motion carried. g:33 P•m• I
I
i
ARTICLE 29. MUNROE SCHOOL REROOFING
MOTION: That the sum of $40,000 be appropriated for the purpose �Passed- •
of making extraordinary repairs to the Munroe School building, see below)
and that such amount be raised in the tax levy. i
' I
Presented by Leo McSweeney, Selectman. . 8:33 P•m• I
I
The roof has developed leaks. It is under lease but remains in the !
Town's inventory. Appropriations and Capital Expenditures i.ommittees �
voiced support. 8:34 p.m. i
Marion Reilly, Precinct 3, asked if improvement costs are passed �
along via rental increases. Mr. McSweeney stated that modest increases
are passed along as the new tenants have come in. The large jobs are in II
the Town's area. 8:36 p.m. ,
Elaine Dratch, Precinct 5, stated that Share A Ride had put in �
$13,000 in improvements without passing along costs to the Town. I
8:37 p.m.
-Louis LeBlanc, Precinct 9, said that repairs should be made now to
avoid more extensive costs later.
The Moderator declared a unanimous vote. 8�38 P•m•
I
I
ARTICLE 30. FIRE ENGINE AND BUCKET TRUCK CHASSIS i
i
MOTION: That the sum of $198,000 be appropriated to purchase a (passed- j
fire engine and bucket truck chassis for the Fire Department, see Pa e ""' �
g i
that such amount be raised in the tax levy, and that the 125) !
Selectmen be authorized to trade in or sell an existing fire
engine and bucket truck chassis with the proceeds to be applied
to the new equipment. -
Presented by William Dailey, Selectman. 8:38 p.m.
I
Mr. Dailey explained the problems with current equipment. William
Fraser, Precinct 5, questioned which equipment was located on which
vehicle and Chief Bergeron responded. $:42 P•m• i
------- ------- --- -- -----
--- , -__ -------_
� .
�25
(Adjourned Session - 1987 Annual Town Meeting - April 8, 1987, cont.)
Appropriations and Capital Expenditures gave support. 8:43 p.m.
The Moderator declared a unanimous vote. 8:44 p.m.
ARTICLE 31. LINCOLN STREET DEVELOPMENT
MOTION: That the sum of $180,000 be appropriated to carry out (passed-
, Phase II of the Lincoln Street Recreation Area improvements as see
� determined by the Recreation Committee with the approval of the page
Board of Selectmen, and that such amount be raised in the tax 126)
levy. _
Presented by Carolyn Wilson, Recreation Committee. 8:45 p.m.
Mrs. Wilson presented the history of the Lincoln Street Deve�opment.
This is Phase 2, with one multipurpose field and one softball field.
8:51 p.m.
Julian Bussgang, Precinct 4, questioned if new technology has been
developed to aid in rapid drainage of the fields. Alan Lazarus, Precinct
6, asked if some can be done this year and some next. Is there a Five
Year Plan? 8:53 p.m.
Mrs. Wilson stated that they hoped to rest a field in order to
prevent extensive deterioration. The Recreation Office does have a plan.
8:55 p.m.
Sharon MacDonald, Precinct 8, asked about user fees. William Welch,
Precinct 2, asked if test pits had been done. 8:5b p..m.
Mrs. Wilson said there are user fees; all filling and leveling must
be done above the landfill cap. 8•57 p.m..
-- Michael 0'Sullivan, Appropriations Committee, recommended
unfavorable action. This will put us over the levy limit. A list of
priorities should be established and this is one to be eliminated.
9:01 p.m.
John Eddison, Selectman, said we must resist apple pie. This
doesn't have to happen this year and it will be done at the expense of
some others. The Stabilization Fund does not exist as yet and when it
does, it is for emergency situations which this is not. 9:06 p.m.
Richard Michelson, Capital Expenditures, stated that they see a need
for the project. , 9:07 p.m.
Paul Newman, School Committee, stated strong support and expanded
high school usage. 9•08 p.m.
Robert Rotberg, Precinct 3, spoke in favor, as did Carol Grodzins,
Precinct 3. 9:12 p.m.
Louis LeBlanc, Precinct 9, offered the following amendment:
MOTION: That the amount of $180,000 be struck out and the sum of
$120,000 be inserted.
I P see P ge 126)
(not assed-
�- Mrs. Wilson stated that the Committee would do what it could with '
what it had.
Eugene Lee, Precinct 5, asked if the fields could,be done
separately. Mrs. Wilson replied that money would be saved if done
together. 9:14 p.m.
Michael Golay served Notice of Reconsideration on Articles 27, 28,
29, but the half-hour period during which Reconsideration could occur had
expired on all. 9:16 p.m.
� ��' � Adjourned Session - 1987 Annual Town Meeting - April 8, 1987, cont.) '
i
�
Vicky Schwartz, Precinct 2, spoke in favor, as did Richard Schaye, �
Precinct 9. 9:21 p.m.
James McLaughlin, Precinct 8, stated that the time was now.
Construction is going on all over and will only increase in cost with
time. 9:22 p.m.
The Moderator .declared the motion presented by Mr. LeBlanc as not ;
carried following a voice vote. 9:22 p.m. I
i
Albert Zabin, Precinct 1, speaking in support, said there is no fat
in this budget. Either we cut back on services or we ask for an �
override. 9:26 p.m. �
Ephraim Weiss, Precinct 5, asked for the impact of Town Meeting
voting money in excess of 2 1/2, and was told it violated state law. j
9:27 p.m.
The Town Manager explained that the money could come from Articles
under Reconsideration or they would have to go to Free Cash. 9:28 p.m.
Frederick Hagedorn, Precinct 1, asked where the receipts go and Mrs.
Wilson answered that over $90,000 in user fees goes to the Town.
9:33 p.m. ,
The Town Manager stated that some programs pay for themselves and �
others are funded through public support. In answer to Setha Olsen, �
Precinct 6, he said that the fiscal policy is not to commit more than �
half of what you have. The Free Cash account cannot be raidly freely, �
that we need to start even rather than in the hole. 9:38 p.m.
Catherine Abbott, Precinct 7, spoke for people in her precinct and
voiced support. 9:39 p.m.
�
Frank Sandy, Precinct 6, said he didn't know what the limit is. The '
approach has been too conservative. 9:41 p.m. I
i
Michael 0'Sullivan, Appropriations Committee, and Paul Marshall,
Selectman, explained that the re-evaluation year was special and because I
of it there was much more capacity. 9:46 p.m. i
James Ba:rry, Pr. 1, spoke against. Albert Zabin, Pr.l, spoke in �
favor of an override. 9:50 p.m.
Patricia Swanson,, Pr. 5, stated that the Town had voted for 2 1/2, I
that it is a question of budgeting and what we can and can't have.
9:51 p.m. �
Dan Fenn, Pr. 4, asked if the Stabilization Fund could be used next �
year if a 2/3 vote prevailed. Mr. Eddison answered yes, if the Fund is i
approved. At present there is no money in it. 9:53 p.m. 1
i
The Moderator declared the motion to have carried. 9:53 p.m. !
�
James Barry, Pr. 1, served Notice of Reconsideration. 9:53 p.m. �
I
ARTICLE 32. RECONSTRUCTION OF CENTER PLAYGROUND BASKETBALL COURTS
MOTION: That the sum of $27 000 be a ro riated for the ur ose � I
� PP P P P (passed-
of rehabilitating the Center Playground basketball courts, and see below) �
that such amount be raised in the tax levy. ,
Sam Nablo, Pr. 6, presented the history, stating that it ranks high
in terms of numbers served. 9:54 p.m.
Richard Michelson, Capital Expenditures, and Michael 0'Sullivan, j
Appropriations Committee, voiced support, as did Leo McSweeney, speaking
for the Selectmen. . 10:01 p.m. '
The Moderator declared the motion to have carried. 10:01 p.m. ;
------- -- ----1-- -- -- -
— - ------- --
127
(Adjourned Session - 1987 Annual Town Meeting - Apri1 8, 1987, cont.)
ARTICLE 33. IMPROVEMENT OF PLAYGROUND PLAY EQUIPMENT
MOTION: That the sum of $10,000 be appropriated for the purpose (passed-
of purchasing new playground equipment,. and that such amount be . . see
raised in the tax levy. below)
Presented by Judith MarshalT with the history and `slides showing the
current conditions. 10:02 p.m.
The Appropriations Committee, Gapital Expenditures Committee, and
the Board of S"electmen all supported the motion. 10:11 p.m.
Katherine Whyte, Pr.3, made the following motion:
MOTION: That the motion under article 33 be amended to insert the
following: "provided that the first priority be the replacement of the
Franklin equipment that was removed in the process of construction."
(not passed-see below)
10:12 p.m.
Mrs. Marshall stated that the first priority was to replace unsafe
equipment. 10:14 p.m.
Following a voice vote, the Moderator declared that the Amendment
offered by Mrs. Whyte did not carry. 10:15 p.m.
The Moderator declared the motion offered by Mrs. Marshall to have
been carried unanimously. 10:15 p.m.
ARTICLE 34. CONSERVATION PURCHASE - TOWER PARK ADDITION
MOTION: That the Conservation Commission be authorized to
purchase or otherwise acquire, and the Selectmen be authorized
� to take by eminent domain, upon the written request of the Con-
servation Commission for conservation purposes including outdoor
recreation as provided by Section 8C of Chapter 40 of the
(passed- General Laws, as amended, any fee, easement or conservation
see Page restriction as defined in Section 31 of Chapter 184 of the
__128____ General Laws, or other interest in all or any part of land shown
reconsidered as Lot 37 on Assessors' Property Ma.p 30; that the sum of
and $180,000 be appropriated for such Iand acquisition and� that such
amended - see amount be raised in the tax levy.
Page 142)
Presented by David Williams, Conservation Commission. 10:16 p.m.
Mr. Williams gave the history and current position of the 2.5 acres
adjacent to Tower Park currently available for sale . 10:21 p.m.
Sam Silverman, Pr.S, speaking in support, stated that the wall of
spending had been hit and urged reconsideration of all the money
articles. 10:26 p.m.
Tucker Smith, Chairman of Munroe Tavern, spoke of providing open
space. - 10:26 p.m.
John Eddison, Selectman, opposed acquisition stating that not all
conservation land is equal. This piece is desirable but not essential.
10:30 p.m.
Michael 0'Sullivan,� Appropriations Committee, recommended
unfavorable action. 10:31 p.m.
Marita Hartshorn, Pr.2, urged purchase iri order to continue the bike
path in the area. 10:32 p.m.
John McWeeney, Pr.3, and Michael Golay, Pr. b, spoke in support.
Mr. Williams stated that there had been no active courting of land
owners, and explained the Master Plan. Mr. Eddison mentioned that he had
heard that the Golf Course had been sold. There were properties more
significant than Tower Park and the money was needed for the big ones.
10:37 p.m.
� �
i /_�� '
(Adjourned Session - 1987 Annual Town Meeting - April 8, 1987, cont.) '
I
I
I
i
I
Eugene Lee, Pr.S, stated that this is a bird in the hand.
10:39 p.m.
Sheldon Spector, Capital Expenditures, spoke against.
10:42 p.m.
There was discussion as to the possibility of screening with trees ;
if the land were to be developed. 10:44 p.m. �� i
�
On the question of Marshall Derby, Mr. Eddison stated that he had
"heard" of the sale, that there would be a 5 or 10% reduction.10:45 p.m.
�
l
Erna Greene, Pr.3, asked how much money is in the Conservation '
Fund. Mr. Williams replied $37,000 at this moment and $25,000 for this ,
year. 10:46 p.m. i
In response to Julian Bussgang, Mr. Williams stated that the price
is consistent with the opinion of value. Mr. Bussgang stated that the
land is worth the money and that the most significant parcels are those
seen from the main arteries. 10:51 p.m. j
Judith Uhrig, Pl.anning Board Chairman, voiced support. 10:52 p.m.
Paul Marshall, Selectman, stated that the Conservation Fund is to I
handle smll pieces as they come up. 10:54 p.m.
Dan Fenn, Jr. , Pr.4, and Ephraim Weiss, Pr.S, spoke in favor. Mr. �
Weiss stated that Town Meeting had had the widsom to overrule the �
Selectmen and the Appropriations Committee on several other Conservation
Parcels. 10:58 p.m. i
The Moderator not having tallied a unanimous voice vote, called for
a Standing Vote. 10:58 p.m. i
I
The clerks reported the vote as follows: �
I
�
Precincts Yes No
1 11 2 1 abstention i
2 13 3
� 3 13 5 ,
4 16 2
5 12 4 I
6 13 3
7 11 3
g 10 4
9 12 3 �
At large 14 9
i
Totals 125 38
The Moderator declared the motion presented by Mr., Williams to have
carried, 2/3rds of those present and voting having voted in the �
affirmative. 11:03 p.m.
Sam Silverman, Pr.S, served DTotice of Reconsideration. 11:03 p.m.
John Eddison moved that the Meeting be adjourned until Wednesday, '
April 15, at 8 p.m. , �
The Moderator declared the meeting adjourned. 11 :04 p.m.
A true copy. � � I�
Attest: � `
��(�,��.�
Bernice H. Fallick, Town Clerk �
,
I
� 2g
-
ADJOURNED SESSION - ANNIIAL TOWN MEETING
APRIL 15, 1987
The meeting was called to order by Moderator Margery M. Battin at
8:02 p.m. in Cary Memorial Hall.
There were 169 Town Meeting Members present.
The invocation was offered by Rev. Peter Hunt. Meek of Hancock
United Church of Christ. 8:04 p.m.
ARTICLE 2. REPORTS
John Eddison, Chairman, Board of Selectmen, made a report in two
parts.
The first part was a review of the budget undertaken by the Board
of Selectmen. Town Meeting has so far added to the proposed budget
bringing it $388,000 over the levy limit, with votes on Articles 31 and
34, and the prior shortfall. Recommendations being made by the Select-
men were for $100,000 out of the s�abilization fund, $150,000 out of
water main rehabilitation and the balance out of free cash, leaving the
$28,000 original shortfall to be accommodated in local receipts. The
Board of Selectmen were not unanimous on the reeommendations. One
worried about intrastructure.
Mr. Eddison also spoke on the tax rate projection by the Town
Manager. Each of the next two years the Town will be over the tax leuy
worse than the previous year.
The other part was suggestions on the remaining town meeting
schedule. Tonight Articles 35 and 36 to be Indefinitely Postponed and
Tabled, followed by Articles 37, 38 and 39. The :balance of: tonight to
be devoted to Article 43 information. And if there is time Article 40.
Monday, April 27 to begin wi.th Article 8, then reconsideration of
Articles 13 and 17, to rebalance the overall budget. It was asked that
other reconsideration budget articles be brought up then also. Then
__' Article 41. -
Wednesday, April 29 to do Articles 42, 43, etc.
May 4 and 6 should wind up the general town meeting.
The Board of Selectmen voted tonight to call a Special Town
Meeting for Manday, May 11, in response to a valid citizens petition.
8:18 p.m.
James Shaw, Pr. 1, announced that a Special Town Meeting will be
held to address the establishment of a condominium conversion by-law,
composed of three parts. Mr. Shaw gave general information. 8:20 p.m.
Robert Domnitz, Pr. 6, asked if standing votes on every spending
article to establish a list of towa meeting priorities would be useful.
8:22 p.m.
John Eddison, Chairman, Board of Selectmen, defended the present
system as the best and most orderly way. 8:23 p.m.
ARTICLE 35. CONSERVATION PURCHASE - GREAT MEADOWS ADDITION
MOTION: That this article be indefinitely postponed.
Presented by John S. Willson, Conservation Commission. 8:23 p.m.
;�
i Mr. Willson explained negotiations for the land have been discon-
- tinued. Ways continue to be explored to acquire the land. 8:24 p.m.
The Moderator declared the postponement to be unanimous.
8:24 p.m.
ARTICLE 36. CONSERVATION PURCHASE - UPPER VINE BROOK
Francis Smith, Conservation Commission, moved that this Article be
placed on the Table. 8:24 p.m.
The Moderator declared a unanimous vote to Table. 8:25 p.m.
� �� '
(Adjourned Session - Annual Town Meeting - April 15, 1987, cont.) �
�
�
(Adjourned Session - 1987 Annual Town Meeting - April 15, 1987, cont.) I
ARTICLE 37. CARY LIBRARY COMPUTER.EQUIPMENT I
(passed-
MOTION: That the sum of $35,000 be appropriated for the purchase of see �
additional computer equipment for Cary Memorial Library, and that such below)
amount be raised in the tax levy.
i
Presented by William J. Dailey, Jr., Board of Selectmen. 8:25 p.m. �
Mr. Dailey mentioned a capital article to fund renovation project
of the library will appear next year. Mr. Dailey hoped observation �
would be made during the year of that which will be called to attention I
and on which funds will be requested. 8:26 p.m. ,
Frederick Frick, Chairman, Advisory Committee of Cary Memorial
Library, proposed the library computer, and answered questions. The
annual maintenance cost anticipated is $2,400, of which none will be
paid the first year. This is involved primarily in hardware
acquisition. Delays can't really be answered at the moment. Delays
will depend on use. This phase will be the extension of the �
circulation system an,d upgrading of hardware for public access to the �
data base. And the long term plans will deal with sometime ,in the next �
five years a larger computer and at that time if the technology exists
replacement of the card catalog. 8:32 p.m.
Michael 0'Sullivan, Appropriation Committee, recommended �
favorable action. It is believed to be cost effective. 8:34 p.m. i
Richard Michelson, Capital Expenditure Committee, recommended
adoption of the article. 8:35 p.m.
H. Bigelow Moore, Pr. 6, asked how to use the terminal, and if the �
. i
system had been tried in other towns. 8:37 p.m. ! I
I
Mr. Frick replied that there would be function keys for use, and �
it had been tried elsewhere. 8:38 p.m.
The Moderator declared a unanimous vote. 8:38 p.m. I;
ARTICLE 38. LEXPRESS MINI-BUS TRANSPORTATION SYSTEM ,
MOTION: That the sum of $246,500 be appropriated for a local trans-
portation system, that such amount be raised in the tax levy, and that �Passed- i
the Selectmen be authorized to apply for, accept and expend funds see '
from the M.B.T.A. or any other governmental agency in connection with Page 131)
such local transportation system, and to contract with a private
transit company to provide transportation services.
i
Presented by John C. Eddison, Chairman, Board of Selectmen. 8:38 p.m. �
Mr. Eddison stated the article is being level funded, and it is �
for the second year of a three year contract. The Board of '
Selectmen supported the article. 8:39 p.m. �
�
Sally Castleman, Chairman, Transportation Advisory Committee, j
stated the current contractor was providing excellent service, the '
committee is pleased with the new vehicles of which there are now six i �
and the reliability of service is back to its original high level. j
Ridership is gradually increasing. An onboard ridership survey was �
done with satisfied rider response.
Mrs. Castleman welcomed marketing ideas.
Mrs. Castleman also stated the chair car, which isn't really part ;
of Lex-press, is included in the budget. 8:44 p.m.
Michael 0'Sullivan, Appropriation Committee, recommended
favorable action. 8:46 p.m. �
;
Georgia Glick, Pr. 4, on behalf of Lexington schools offered that
high school classes are available to help solve problems of all Town I
committees. 8:46 p.m. �
���
_. , : _, ,
, _
(Ad�ourned Session - Annnal=Town Meetfag -_ .Apr�1` 15,- 198-Z,.'; cont.)
_
(Adjourned Session - 1987 Annual Town Meeting - April 15, 1987, cont.)
Leo McSweeney, Board of Selectmen, believed an excellent job was
being done .but would like to see better use made of the buses.
8:50 p.m.
Daniel Lucas, Pr. 2, questioned the safety of the bus stop in
Depot Square, with cars going the wrong way, and asked for better
- police protection in the whole area. 8:51 p.m.
Mr, Eddison, stated both marking and policing wouTd be pursued.
. 8:51 p.m.
Paul Hamburger, Pr. 5, served Votice of 'Reconsideration on
Article 37. 8:51 p.m.
Fred Rosenberg, Pr. 9, praised the operation of Lex-press.
_ 8:53 p.m.
The Moderator declared a unanimous vote. 8:54 p.m.
John Eddison, Chairman, Board of Selectmen, proposed that all the
financial articles be completed. 8:45 p.m.
The Moderator declared a formal recess until after the in- -
formational presentation by the Planning Board on Article 43, at
which time the Town Meeting would come back in session and resume with
Article 39. 8:55 p.m.
Pau1 Hamburger, Pr. 5, served Notice of Reconsideration on
„_, Article 38. . 8:55 p.m.
The meeting was called back to order by Moderator Margery M.
Battin at 10:32 p.m. , in Cary Memorial Ha11.
The Moderator asiced for a moment of silence to note the death of
George P. Wadsworth, a Town Meeting Member for many years, a member of
the School Committee and former Chairman of the Board of Appeals and
Appropriation Committee., 10:33 p.m.
ARTICLE 39. HAZARDOUS WASTE COLLECTION
MOTION: That the sum of $30,000 be appropriated for a contract with a
(passed- licensed hazardous wastes transport, storage and disposal company or
see by other methods to collect and dispose of residential hazardous wastes;
Page that such amount be raised in the tax levy; and that the Selectmen be
132) authorized to select the contractor and to set user fees and take all
other steps necessary to carry out this project.
Presented by Jacquelyn R. Smith, Board of Selectmen. 10:34 p.m.
Mrs. Smith stated that what is planned for this coming fiscal
year is quite different from what has been done in the past. Susan
Adler, Assistant to the Town Manager, Judith Marshall, a Town Meeting
Member and President of the League of Women Voters and George Smith,
Director of Public Health were recognized for their efforts thru the
years. .
i Mrs. Smith spoke on the history of the past five years one day I
-" household hazardous waste collection. There was a list of the household
materials collected. It was noted that the League of Women Voters
publicized the event, which included a townwide mailing which helped
contribute to a large turnout. Also, there was a cooperative venture
with the Town of Lincoln, which in the end did not mean a saving to
each town of the hourly fee of the contractor, because of the longer
time it took to process the number of participants. .
Mrs. Smith noted the reasons for the escalating costs of
collection, and also that collection was needed. The Department of
Environmental Management agreed with the Town for a more cost effective
program. A Waste Management Task Force would be formed. A new house-
hold hazardous waste collection program would be designed for fiscal
year 1988. 10:41 p.m.
� �FAdjourned Session - Annual Town Meeting - April 15, 19-87, cont.) ,
�
(Adjourned Session - 1987 Annual Town Meeting - April 15, 1987, cont.) �
i
Michael 0'Sullivan, Appropriation Committee, recommended
favorable action on the full amount requested. 10:41 p.m.
Sam Silverman, Pr. 5, asked about who paid user fees. 10:44 p.m. I,
Susan Adler, Assistant to the Town Manager, stated a fee of $4.00 ' � i
for anything in excess of the first five gallons or five pounds brought � �
had been charged. 10:42 p.m.
Mrs. Smith, responded that the people who paid were the people who I
paraticipated in the program. 10:44 p.m. �
Jacquelyn Ward, Pr. 7, endorsed the collection, asked that the Town i�
try to enforce the State law on recycled motor oil and suggested that I
there be education on what hazardous waste is. 10:45 p.m.
Mrs. Smith, responded that Mrs. Wards recommendations would be '
followed up. 10:45 p.m. �
i
The Moderator declared a unanimous vote. 10:46 p.m. �
John Eddison, Chairman, Board of Selectmen, moved that the Meeting
be adjourned to Monday, April 27, 1987, at 8 p.m. 10:46 p.m.
The Moderator declared the meeting adjourned. 10:46 p.m. I
i
i
A true copy. �
Attest: �
,r-- _
I
Mary Loui H rr, Asst. Town Clerk �
�
�
�
1
�I
�
�
�
i
I
I
�
I
;�
I� �
�
I
i
____------ ------- --- ---
------._-._. _
l-
. e���
Filed by the ConsE. atian Comrnfsaion for the ....;c�on un�er Ar[icZe 40. �.,
Aprii I5, 198�� �; ,
H� ���:- � `...�
I .-;`. .: -- ,-,-�
ART I CLE XXX �^_�c-� �
. . �.... � .. .
EARTN FILL AND REMOVAL BY-LAW ` '� ' � � ' '
-- I:� N �- .
� C } .
C.'�
Section 1 . The removal from ar piacement an a premises during any
three t3) years of rr,ore thar t�wenty-five t25) cubi� yards of soi1 ,
loam, sand, gravel , topsoil , borrow, rock, sod, peat, humus or
clay from or nnto any land in the town not in publtc use is
prohibited untess authorized by a permit from the Board of
App�als, organized under the 2oning By-Law, except under the
follawing circur�stances :
(a) When such remaval or placement is incidenta! to and in
connection with the e^ection, an the land involved, of a building
fo: which a permit has been issued by the F3uilding inspector of .
the toWn.
(b> When sueh removal ar placemen4._ as required for
construction ot a street that has been appr.oved by t�e Planning
Board over Lhe iocatfon invoIved.
��. • (c) l�hen such removal or pDace�ent is ia� accordance with
`�, , specia! permissian fro�n the Boasd of Appeals issued ►ander the
;
Zoning By-La� as now in etfect or as hereafter amended.
� �,
fd) Wnen �uch rer�ova ! or placement is in accordance with the �
terms of an Order of Conditions or Determinatfon of Applicabiiity .
issued by the Co�servation Commission pursuant to M. G. L. Ch. i31 ,
s. 40� or Lexingtor� �y-i.aws Article XXXI t .
(e1 When placemenL is undertaken in connection with an
agsicuitura ! or cor,�merciai enterprise, subject to the requirements
of Section 8.
( f ) When placernent is for landscaping or gardening purposes
and the material to be placed consists o; peat moss, tree bark,
wood chips, or other vegetative mulch, loam, or crushed stone or
gravel in a walkw�y, driveway, or garking asea.
Section 2. Application for a permit shaDl be filed with t►�e Soard
of Appeais by the record owner of the land or the person
performing the work. The applfcation shall i�aclude a ptan showing
property bo�ndasiese nar�es and adc#resses of all abutters,
inc}uding those acsoss any street or way, �he location of the
�' � proposed wosk, and such other information as the Board of AApeals
� cieems necessasy for its review. The appDication shall be
accomF�anied by a fiting f�e determined in accordance �uith a fee
� schedule adopted by the Board of Appeats payable to Lhe Town of
Lexington. �
� `� L
�3��
.,.-,,
��-� r:l'l� �J �j•� 2: 7 f;
„�., .v
f �J►i�! �':. .:
��yl�"' .- r .
_ Section 3. The Boarr� of Appeals shail fix"a r`easonabl�e time !or a
public hearing on the applicatior► and shatl �ive public notice
thereof, at the expense of Ehe appiicant, �y pUblfshing notice of :
the time, place and purpase of the hearing in a newspaper of
�ene�al circulation in the Town at least 14 days before said
hearing, and by nailing a copy� of said notice to the applicant and
ta the owners of all property deemed by said Board to be atfected
f.hereby, as they appear on the most recent local tax iist, at
least seven days before said hearing.
Section 4. Notwiths4.anding the provisians of sections 1 throu$h
3, th� Board of Appeats mayo following public �earin� cluly
advertised� issue re�v3ations permi �tin� speci�ic classes of fill
and removal activity. Such re�ulations may require seview snd
and approvat of a proposal by the Building Comu�ission�r prfor to
comm�ncement of the ac�.ivity.
Section 5. In granting a permit, the Boasd of Appeals shall
impose limitations as to the time and the extent of the permittad
,;,:., cemoval or placement and such other approg�iate conditior►s,
_--� ' � limitations and safeguards as the Board of Appeals deems n�cessary
for the protection of the neighborhood and of the publfc heatt�h�
`` _ safety� convenience and we14`are. These conside�atfons may
include, but are not iimitec3 to, the location of the work, the
general character o#' th� neighborhood, the genera! safety of the .
neighborhood� as�d effects of the proposed work on wate: runoff and �
water quality.
Section 6. The Board of Appeals may require a sur�ty bond� casY�
or other adequate security to insure comp� iance with the terms,
. conditions ar�d limitations of the permit.
Section 7. The Board of Appeals s�all recguire, as a condition for
issuanc� of a permit, a statement certifying the so�arce and
content of fi ! ! material if th� permiL is issueci for placement of
¢ill . The Board of Appeals may afsa, at its discretion, sequir2
fiil material to be analyzed as ta co��.en� in order ta detect the
presence and quantity of any materiads that are hazardous or
atherwise harmful . Such analysis may be osdered befo:e or during
wosk and shatl be conducted by a competen't a�thosity named by� the
Board of Appeats and at the expense of the applicant.
',�` SecLion 8. Forthwith fo w '
! lo ing expiration or withdrawal of a
..-. permi �, or upon voluntary cessation of work, � ! l land shall be
gradec3, leaving no slopes in excess of one ( 1 ) foot verticat to
two (2a feet horfzontal . Surface drainage shall be provided for,
2.
, , C 0�
. I�:.: i.l�li � J $'aS �' si!$ ��'��
i tJ i`ti�1# �''_... .
�.,�,m �C y:,: i t)�.: � ���.;
t
� �
�. '
= boutders ar�d stumps shall be disposed of � and t�e entire area
shatl be covered with not fess than fouc C4) inches of topsoit and
planted with cover vegetation unless otherwise provfded fn the
pesmit.
Section 9. A permit for placement of materia! listed in Section 1
s�ail not be required in connection with, and on t�e premises of,
agriculturat or commercial enterprises that conform to or ase
otherwise allow�d undes the Zoning By-Law now in effect os as
hereafter amended, subject to the foliowing conditions :
(a) AgriculY.ura! enterprises need not obtain a p�rmit if the
materiat consists o�' compost, peat, r�anure, loam or ott�er
vegetative or earthen matter necessary for or directly related to
planting, cvitivation or harvesting of vegetative products or the �
raising or care of animals, but specifical �y excepting materfal
used for landfill purposes.
(b) Commercfal enter�sises need not obtafn a permit if the
materfal wfiD be stockpiled on the commercial premises and its use
- .� ', . is necessary to a regul�r activity of the enierprise.
� � ic) Enter rises that
� p c}ual tfy for exernption �snder S�ction
-� 9ta) or 9(t�) shali notify the $uilding Commfs�iones an writing
that they use Pall material . Notificatian sha81 be made within 64 �
days of the efffective date of this 8y-Law fos existing activity or .
at least 30 days prior to initia: placement of anat�ria3 in the
case of enterprises �of previously regis#.er�d. Such notification
shall include the nasne�� addre�sses and t�lephone numbers of the
business and its principats and the iocation of the premfses where
the mater#a� will be placed.
Section i0. The Board of Appeals may promuigate after due notice
and pubtic hearing Rv1es and Reguiations to effectu�te the
purposes of this By-La�r. However, failure by the Board to
promv.igate �uch rules and regulations .or a legal declaration of
their invaDidity by a court ot law shall not act to suspend or
invaiidate the effect of this By-Law.
Section 11 . Whoever violates any provision of this By-Law shall
be punished by a fine of not more than S2d0. Each day or portion
thereof of continuing viotation shatl constitute a separate
;""�'� offense. This By-Law may be enforced by any Town Police OffScer
� or other officer having potice powers.
SeeLion 12. The invalidity of any section or provision of this
By=1�aw sha11 not invalida�e any other section or provisfon
thereof: .
3.
� ��
a �,
ADJOURNED SESSION - 1987 ANNUAL� TOWN MEETING
APRIL 27, 1987
The meeting was called to order by Moderator Margery M. Battin at
8:00 p.m., in Cary Memorial Ha11.
There were 175 Town Meeting Members present.
The invocation was offered by the Reverand Paul Palesty, of Saint
_ _ Nicholas Greek Orthodox Church. 8:02 p.m.
The Moderator declared a formal recess, recognizing_.Selectman Leo
McSweeney who presented the Youth Awards. 8:02 p.m.
ARTICLE 2. REPORTS
John Eddison, Selectman, stated that reconsideration of Budget
Articles would be postponed until Monday, May 4. 8:19 p.m.
Judith Uhrig, Planning Board, stated that the latest Planning Board
handout of Article 43 was available. 8:21 p.m.
Arthur Smith, Pr. 2, stated that an informational meeting on the May
11 Special Town Meeting would be held May 3, at 3 p.m. in Cary Hall.
8:23 p.m.
ARTICLE 8. SUPPLEMENTAL APPROPRIATIONS FOR AUTHORIZED CAPITAL
IMPROVEMENT PROJECTS
MOTION: (a) That the sum of $40,000 be appropriated to be used in
conjunction with the funds appropriated under Article 23 of the warrant
for the 1986 Annual Town Meeting for improving and upgrading traffic
control signals at the intersection of Bedford Street, Revere Street and
Hill Street, and to raise such amount $40,000 be transferred from the
- - Reserve Fund - Overlay Surplus.
(b) That the sum of $65,000 be appropriated for remodeling,
reconstructing and making extraordinary repairs to the Bridge $chool and
that to raise this amount $65,000 shall be transferred from the Insurance
Reimbursement Account to supplement Article 35B of the 1986 Annual Town
Meetin p
g� (passed - see below) 8�24 .m.
Mr. Eddison explained that bids had been opened on April 23 and presented
the history of the projects. 8:24 p.m.
Michael 0'Sullivan, Appropriations Committee, recommended favorable
action. 8:29 p.m.
Sheldon Spector, CapitaL Expenditures, supported the expenditure.
8:29 p.m.
The Moderator declared a unanimous voice vote. 8:30 p.m.
ARTICLE 40. BY-LAW, FILL AND REMOVAL REGULATION
MOTION: That Article XXX of the General By-Laws of the Town of Lexington
be amended by striking it in its entirety and substituting therefore a
" new Article XXX Earth Fill and Removal By-Law in the form filed with the
Town Clerk. 8:30 p.m.
(passed - see Page 134)
Presented by Joel Adler, Coriservation Commission. '
See page 133 a, 133b, 133c, for form filed with Town Clerk.
Mr. Adler explained land fill problems and presented slides of the Banks
Avenue problem site. 8:36'p.m.
In response to a question from Ephraim Weiss, Pr. S, John Faria, Town
�":`�� .
(Adjourned Session, 1987 Annual Town Meeting - April 27, 1987,cont.) ';
I
Counsel, stated that notification would be made to the Building 'I
Commissioner. 8:37 p.m.
Donald Wilson, Pr. 2, stated that the motion was one that the
agricultural community could live with and urged support. 8:38 p.m.
John Eddison stated the unanimous support of the Selectmen. 8:39 p.m.
" ,
William Welch, Pr. 2, asked if passage of this would take care of this
existing problem. 8:40 p.m.
Mr. Adler replied that it is difficult to frame legislation to eliminate ''
activity which was not illegal at the time it was done and that the Banks ;
Avenue situation will escape this. 8:41 p.m. !
In response to Sheldon Spector, Mr. Adler stated that the Banks Avenue �
site had many truck loads on it and that the amount stated in the motion �
would be such that people could do small jobs such as their own
backyards.
The Moderator declared the motion passe3 by unanimous vote. 8:42 p.m. �
ARTICLE 41. HOME RULE PETITION - LAND BANK
�
MOTION: That the Selectmen be and they hereby are authorized to petition (passed-
the General Court for an act substantially as set forth in a document see Page ,
entitled "An Act to Authorize an Open Space Land Bank Fund for the Town 138 ;
of Lexing ton" as filed with the Town Clerk.
(See Page 136 a, b, c, d, e, f, g for form filed with Town Clerk) two amend- 1
Presented by Joyce Miller, Conservation Commission. 8:43 p.m. ments: �
Pages
Mrs. Miller gave the history of the land bank and John Oberteuffer of the 136 & '
138) �
Conservation Commission provided an explanation. 8:47 p.m. �
�
Margaret Rawls, Pr. 4, drafter of the petition, gave further explanation, �
and the status of the split between the housing and conservation
portions. 8:58 p.m. '
I
State Representative Stephen Doran provided some insight into the
Legislature's thinking about landbanks. He stated that Lexington's
petition is head and shoulders above others which have been submitted.
There is a feeling that a statewide enabling bill is the preferred method
over home rule petitions. Lexington is helping to draft a better bill i
for the state. 9:11 p.m. '
Michael 0'Sullivan, Appropriations Committee, spoke in favor of the ,
motion and the 80% conservation/20% housing appropriation. 9:13 p.m. �
�
Richard Perry, Capital Expenditures, voiced unanimous support. I
_ _ 9:15 p.m.
William Welch, Pr. 2, offered the following motion:
i
That Article 41 as presented in the Warrant to the 1987 Town Meeting I
be amended by adding "one-tenth of" in line six between the words (not passed- j
"...not to exceed" and "one percent . .." so as to have line 6 so read see
"...not to exceed one-tenth (1/10) of one percent . .." below) ,
9:15 p.m.
Mr. Welch was instructed that he was amending the Warrant Article when
nis intent was to amend the article on the floor, and made the
appropriate correction.
The Moderator declared the motion to amend not to have carried.9:15 p.m.
James McLaughlin, Pr.8, and Housing Authority member, voiced endorsement i
of the main motion. 9:16 p.m.
Paul Marshall, Selectman, provided an explanation that the Selectmen i
intended to offer an amendment. He stated that this is a real estate '
---------- -r-- --- - __----- -- --
135
(Adjourned Session, 1987 Annual Town Meeting - April 27; 1987,cont.)
transfer tax. The amendment to be offered asks that the proportion of
the money would be determined by a majority vote of the Town Meeting.
The minimum amount for housing would be increased to 1/3. The Selectmen
would like Lexington to send a. message to the Legislature showing support
of open space and low and moderate income housing. The Selectmen will
support the main motion wi.th or without the amendment about to be
offered. 9:24 p.m.
Ephraim Weiss, Pr. S, questioned the procedure of speaking before a
` motion. The Moderator stated that one eannot speak before tabling or
moving the previous question. 9:25 p.m.
Mr. Marshall offered the following amendment:
MOTION: That the motion offered under Article 41 be amended as follows:
in section 4, first paragraph, strike the l:ast sentence and r.eplace with:
"The Treasurer shall deposit said tax to separate accounts for
Conservation Land Baz�k Fund, and for the Housing Fund, both accounts to
be maintained for the purpose of this section. The proportion of the tax
to be deposited in each fund to be decided by a majority vote of Town
Meeting subject to the constraint that not less than 1/3 of the tax
collected shall be placed in• eacti fund." ,
Also, Section 5, first .paragraph, item (c) shall be amended to read:
"(c) revenue from fees imposed under Section 4 of this act upon the
transfer of real property after the effecti:ve date of this act as .
determined under Section 13 of this act, the proportion of said fee to be
deposited to the Conservation Land Bank Fund, and the proportion to be
deposited to the Housing Fund shall be determined by a majority vote of
Town Meeting subject to the constraint that not less than 1/3 of the fee
shall be deposited in each fund."
(did not pass - see Page 136) 9•30 p.m.
� Joyce Miller asked for a ten minute recess as the Conservation
Commission had not previously seen the amendment offered by the -,
SeZectmen. The Moderator declared a ten-minute recess. 9:30 p.m.
John Oberteuffer, Conservation Commission, stated that the Commission
strongly opposed the amendment offered by Mr. Marshall. 9:41 p.m.
Betty Fleming, Housing Advisory Committee, supported the Conservation
Commission and spoke against the amendment. 9:SO p.m.
Albert Zabin, Pr. 1, stated that the Conservation Commission had
addressed the plan for land acquisition and asked how the housing plan
would proceed. - 9:51 p.m.
Mr. Marshall stated that the Selectmen support rental housing but do not
have a detailed plan, that they would work with the Planning Board and.
the Town Meeting. Lexington has not met minimum standards. 9:52 p.m.
Margaret Rawls stated that there would be no regular source of money and
that housing was being pitted against conservation. 9:54 p.m.
Ephraim Weiss, Pr. 5, voiced support of the amendment. 9:56 p.m.
� The request for a roll call vote did not achieve the 50 necessary votes.
�___ 9:57 p.m. '
Eugene Lee, Pr. 5, rose for a point of order to ask when the % would be
voted. Mr. Marshall answered at the first Town Meeting subsequent to the
Legislature allowing this bill. 9:57 p.m.
The question on the amendment of.fered by Mr. Marshall was declared not to
have carried by voice vote. 20 members rose to request a standing vote
on the Marshall amendment. The Standing vote was recoxding as follows:
Precinct Yes No Abstain
1 10 8
2 8 8
3 3 14
� ��
(Adjourned Session, 1987 Annual Town Meeting - April 27, �1987,cont.) �
_ i
4 5 12 �,
5 5 9 i
6 5 10
7 10 5
8 8 9
9 8 10
At Large 9 16 ,
Totals 71 101
The Moderator declared that the amendment offered by Mr. Marshall did not I�
carry. 10:03 p.m. �
William Fraser, Pr. S, offered an amendment in order to prevent a yearly �
rehash. 10:03 p.m. �
MOTION: That the Article 41, be amended as follows:
Strike the last sentence of the first paragraph of Section 4 and replace (passed-
with: see �
The treasurer shall deposit 2/3 of said tax to a separate account for the page �
Conservation Land Bank Fund and 1/3 to a separate account for the Housing 137)
Land Bank Fund, both accounts to be maintained for the purposes of this '
section.
Strike section 5 first paragraph, clause "C" , and replace with:
revenues from fees imposed under section 4 of this act upon transfer of
real property after the effective date of this act as determined under �
Section 13 of this act, 2/3 to be deposited to the conservation fund and �
1/3 of said fee to be deposited to the housing fund. �
i
10:17 p.m. J
I
Iris Wheaton, Pr. 7, spoke in favor. 10:20 p.m. I
I
Kathy Abbott,' Pr. 7, League of Women Voters, voiced support. 10:21 p.m. i
Eleanor Klauminzer, Pr. 9, voice support. 10:23 p.m.
i
Michael 0'Sullivan, Appropriations Committee, spoke against. 10:27 p.m.
James McLaughlin, Pr. 8, asked if the state sets the percentage. '
Representative Doran stated that if a statewide proposal passes it will
contain a range of options with a floor for housing and open space. The �
decision would be made by the local meeting or council. Mr. Marshall
stated that this is a Home Rule Petition. If passed, it comes back to us i
as is. Any changes require a new Home Rule Petition. �
10:30 p.m. �
i
Webb Sussman, Pr. 2, rose for a point of information and received an
affirmative answer to his question as to whether the Conservation
Commission still had to come back to Town Meetin,g- for specific
acquisitions. 10:31 p..m.
The Moderator declared the motion offered by Mr. Fraser to have carried. �
There being some doubt, a standing vote was taken with the results as I
follows:
Precinct Yes No Abstain '
— �
1 10 7 1 �
2 9 7
3 5 11
4 3 12
5 11 3
6 5 8
7 12 3 '�
8 10 8 I
9 12 6
At large 9 16 i
_ - - -�— --------------- — ----- ------ -- -
.'u���-
AN ACT AUTHORIZING A CONSERVATION LAND BANK FUND AND A
HOUSING FUND FOR THE TOWN OF LEXINGTON
_ SECTION 1. The purpose of this act -shall be to enable the Town of
`. Lexington to acquire, hold and manage land and interests in land for
� conservation and open space preservation, and to acquire housing or land
for the provision of low and moderate income housing.
SECTION 2. For the purpose of this Act, the following words and phrases
shall have the following meanings:
"Collector" --- the Tax Collector of the Town of Lexington or his or
her designee.
"Commission" --- The Conservation Commission of the Town of
Lexington.
"Conservation Fund" --- the Conservation Land Bank Fund established
under Section 3 of this Act.
"Conservation Land Bank Plan" --- the open space plan included in
the "Open Space and Recreation Plan for the Town of Lexington" on file
with the Department of Environmental Affairs, as it may from time to time
be amended by the Conservation Commission.
"Housing Fund" --- the Housing Fund established under Section 3 of
this Act.
"Institutional Lender" --- Any bank defined in Section one of
Chapter one hundred sixty-seven, any insurance company defined in Section
one of Chapter one hundred seventy-five, and any mortgage company or
investment company which has recorded more than twenty mortgages accepted
by it within the calendar year preceding the year of the relevant
�:;�.; mortgage for the purposes of Subsection (m) of Section twelve, any
f� ' national bank, federal savings and loan association, federal savings
� �
i � bank, bank holding company or state or federally chartered credit union.
- ' "Lexhab" --- Lexington Housing Assistance Board.
"Low and moderate income housing" --- units which may be purchased
or rented by those who meet the guidelines for maximum annual income for
a low-income or moderate-income family or household as determined by the
Mass. Housing Finance Administration (NIIiFA), by the Secretary of the
Executive Office of Communities and Development, or as henceforth
otherwise determined by the Lexington Selectmen and Planning Board.
"Purchaser" --- the transferee, grantee or recipient of any real
property interests or his or her legal representative.
"Purchase Price" --- all consideration paid or transferred by or on
behalf of a purchaser to a seller or his nominee, or for his benefit, for
the transfer of any real property interest, and shall include, but not be
limited to, all cash or its equivalent so paid or transferred; all cash
or other property paid or transferred by or on behalf of the purchaser to
discharge or reduce any obligation of the seller; the outstanding balance
of all obligations of the seller which are assumed by the purchaser or to
which the real property interest transferred remains subject after the
transfer, determined at the time of the transfer, but excluding real
estate taxes or other municipal liens which are not overdue at the time
of the transfer; and the fair market value at the time of the transfer of
any other consideration or thing of value paid or transferred by or on
behalf of the purchaser, including, but not limited to, any property,
�, goods or services paid, transferred or rendered in exchange for such real
� ^'� property interest.
L _ "Real Property Interest" --- any present or future legal or
equitable interest in or to real property, and any beneficial interest
therein, including the interest of any beneficiary in a trust which holds
any legal or equitable interest in real property; but shall not include
any interest which is limited to any or all of the following: the
dominant estate in any easement or right of way; the right to enforce any
restriction; any estate at will or sufferance; any estate for years
having a term of less than thirty years; any reversionary right,
condition or right of entry for condition broken; the interest of a
mortgagee or other secured party in any mortgage or security agreement;
and the interest of a stockholder in a corporation, or of a partner in a
partnership.
����
"Register" --- the Register of Deeds for the Middlesex County
registry district.
"Seller" --- the transferor, grantor or immediate former owner of
any real property interest.
SECTION 3. There is hereby established in the Town of Lexington (a) a
Conservation Land Bank Fund, to be administered by the Conservation
�'" Commission, for the purpose of acquiring, holding and managing land and
( interests in land in order to provide for the present and future
�L � aesthetic enjoyment, passive recreation, open space and conservation
needs of the town, its residents and visitors; and (b) a Housing Fund, to
be administered by the Selectmen, for the purpose of providing low and/or
moderate income housing in the Town of Lexington. The establishment of
the Conservation Land Bank Fund shall not effect eligibility or priority
for any other open space funding program, and monies from the said fund
may be used as the local share in any such program.
SECTION 4. There is hereby established a tax on the transfer or
conveyance of any real property interest in real property in the Town of
Lexington, provided that the authority granted herein to levy such tax
shall not reduce state tax revenues pursuant to General Laws Chapter 62F,
Section 4. Said tax shall be in the amount of 1 percent of the purchase
price, or such amount as may be hereafter established by a two-thirds
majority vote of the Lexington Town Meeting, but not to exceed 1 percent.
The tax imposed by this section shall be the liability of the purchaser,
and shall be an encumbrance on the title of the purchaser for the
purposes of Section twenty-one of Chapter one hundred and eighty-four,
and a tax assessed on the land for the purposes of Section thirty-seven
of Chapter sixty. Said tax shall be paid to the Collector, following the
procedure set forth in Section 9, and paid over by the Collector to the
Town Treasurer. The Treasurer shall deposit 80 percent of said tax to a
separate account for the Conservation Land Bank Fund, and 20 percent to a
separate account for the Housing Fund, both accounts to be maintained for
� the purposes of this section. (see amendment Page 136)
Conservation Land Bank funds may be expended by the Conservation
Commission for the purchase of fee simple or lesser interests in real
property only upon the approval of a majority of the town meeting, or in
the case of eminent domain takings or bonded purchases, upon the approval
of 2/3 of the town meeting. The Commission shall maintain a Conservation
Land Bank Plan, and such purchases shall be in accordance with said
plan.
Funds may be expended by the Commission without further
appropriation or town meeting approval for appraisals, right of first
refusal options, or any other expenses incidental to land acquisition, as
well as for costs associated with administration of the Fund, including
staff, overhead, consulting and professional services, provided that such
expenditure in any fiscal year shall not exceed 10% of the total
Conservation Land Bank revenues for that year.
Expenditures of Conservation Land Bank funds by the Commission shall
be allowed without further town meeting approval for maintenance and
management of, and limited capital improvements to conservation lands,
including both lands acquired with Zand bank funds subsequent to the
effective date of this act, and lands acquired prior to the effective
date of this act, provided that the expenditure for such purposes in any
�, fiscal year shall not exceed 10% of the total Conservation Land Bank
I revenues for that year.
L
� Any allowable management funds not required to defray the current
year's management costs may, upon the approval of a majority of the
Conservation Commission, be put into a "Land Management Endowment Fund" ,
a separate fund to be maintained and prudently invested by the Treasurer
for future management of conservation lands. Interest accruing to said
endowment fund may be expended at the discretion of the Conservation
Commission for the purposes described in the preceding paragraph.
The Town of Lexington may incur debt by issuing bonds or notes as
necessary to implement the Conservation Land Bank program, pledging full
faith and credit of the town, but only after having been authorized to do
so in each instance by a 2/3 vote of a town meeting. Debt incurred for
� /�6 c
the implementation of the Land Bank program may be retired by
expenditures from the Land Bank Fund. The Commission may also apply Land
Bank funds to the retirement of debt incurred for conservation land
purchases approved before the effective c�ate of this Act.
Housing Funds may be expended by the Selectmen, who may expend in
any fiscal year up to 10% of the total Aousing Fund revenues for that
�,. year for costs associated with administration of the fund and for
IL �,' appraisals and other expenses incidental to land acquisition and the
purchase and development of housing. They may also, without further town
meeting approval, expend moneys from the fund for purchase and
development of housing or of land for the provision of low and/or
moderate income housing, afterwards transferring said housing or land to
the Lexington Housing Authority, to Lexhab, or to some other legal entity
that may henceforth be established for the provision of low and moderate
income housing in Lexington. Land purchased with the Housing Fund may
not be land that has been designated for open space preservation in the
Conservation Commission's Land Bank Plan.
The Town of Lexington may incur debt by issuing bonds or notes as
necessary to acquire or develop housing or to acquire lands under the
authority of this Act, pledging the full faith and credit of the town,
but only after having been authorized to do so by a two-thirds vote of a
town meeting. Debt so incurred may be retired by expenditures from the
Housing Fund.
Non-contiguous individual lots for the provision of one-family, or
where zoning allows, two-family low and/or moderate income housing may be
developed without further town meeting approval. Approval of two-thirds
of a town meeting is required before a site may be used under the
authority of this Act for construction of two-family units in a single
family zone; for construction of three or more housing units on a single
site; and for any purchase to be bonded, or to be subject to an eminent
domain taking. If development of a site purchased under the authority of
� this section does not meet with required town meeting approval after no
more than two different presentations before two different town meetings,
it must either be used for construction of one unit, or, where zoning
allows, two units; or the site must be sold, and the proceeds returned to
the Housing Fund.
SECTION 5. Deposits into the Conservation and Housing Funds shall
include: (a) funds appropriated for deposit into either fund by a
majority vote of the town meeting; (b) voluntary contributions of money
and other liquid assets to either fund; (c) revenues from fees imposed
under Section 4 of this act upon the transfer of real property after the
effective date of this act as determined under Section 13 of this act,
80% of said fee to be deposited to the Conservation Land Bank Fund, and
20% of said fee to be deposited to the Housing Fund; (d) proceeds from
the disposal of any real property interest acquired by the relevant fund
pursuant to this act; and (e) any funds received from the state or
federal governments as reimbursements for purchases made with
Conservation Land Bank or Housing Funds.
In order to meet the financial obligations of the Town of Lexington
under this Act, the Conservation Commission is authorized to draw upon
the Conservation Land Bank Fund and the Land Management Endowment Fund,
r"°`` and the Selectmen are authorized to draw upon the Housing Fund, each fund
+ to be set up as a revolving account under the control of the Town
�� _ Treasurer. The Treasurer shall prudently invest available assets of the
funds, and all income thereof shall accrue to the funds.
All expenses lawfully incurred by the Commission, the Selectmen or
the town in carrying out the provisions of this act shall be evidenced by
proper vouchers and shall be paid by the Town Treasurer only upon
submission of warrants duly approved by the Conservation Commission in
the case of the Conservation F�xnd, or the Selectmen in the case of the
Housing Fund.
SECTION 6. The Conservation Commission and the Selectmen shall keep a
full and accurate account of their actions, including a record as to
when, from or to whom, and on what account money has been paid or
received relative to this Act, and as to when, from and to whom and for
��,� �
what consideration real property interests have been acquired, improved
or disposed of. Said records and accounts shall be subject to
examination by the director of accounts or his agent pursuant to Section
forty-five of Chapter thirty-five of the General Laws as amended by
Section twenty of Chapter eight hundred and forty-nine of the Acts of
nineteen hundred and sixty-nine. The Conservation Commission and the
Selectmen shall report annually to the town meeting on revenues deposited
into the relevant land bank fund, and on the disposition of those
�rm' revenues during the fiscal year. The tax Collector shall keep the
?, Commission and the Selectmen fully informed of all taxes collected and
- transferred to the Treasurer.
SECTION 7. The Town of Lexington shall retain any real estate property
interest relating to land and water areas acquired with Conservation Land
Bank Funds pursuant to this Act predominantly in its natural, scenic or
open condition, except as provided for in this section. Except upon the
approval of the Secretary of Environmental Affairs and where appropriate,
subject to the General Laws, any special laws, or the Constitution of the
Commonwealth, on land purchased and administered through the Conservation
Land Bank program established herein, there shall be no (a) construction
or placing of buildings, roads, signs or other structures on or above the
surface except such as may enhance the open space and passive
recreational uses of the land; (b) dumping or placing of soil or other
substance or material as landfill, or dumping or placing of trash, waste,
or unsightly or offensive materials; (c) removal or destruction of
trees, shrubs, or other vegetation except in accordance with recognized
forest cutting and conservation practices and adhering to fisheries and
wildlife needs; (d) excavation, dredging or removal of loam, peat,
gravel, soil, rock or other mineral substance in such a manner as to harm
the conservation and open space values of the land. In determining
whether or not to approve a request from the Conservation Commission to
use or improve any real property interest acquired with Conservation Land
1 Bank Funds under the authority of this act in a manner otherwise
� prohibited by this section, the secretary shall consider whether such
request is in the interest of conservation. Lands in active recreational
�_� use when purchased with Conservation Land Bank Funds under this Act may
be maintained in such use after purchase, and any buildings, roads and
other capital improvements already existing may be maintained as
necessary.
Lands purchased or acquired with Conservation Land Bank funds, or
gifts of land acquired under the Conservation Land Bank program may be
disposed of or removed from conservation use only by a majority vote of
the local Conservation Commission followed by a two-thirds vote of the
' Lexington Town Meeting, and, as provided in Article ninety-seven
amendment to the state constitution, by a two-thirds vote of the state
legislature.
SECTION 8.
The following transfers of real property interests shall be exempt
from the tax established under Section 4:
(a) The first $100,000 of the purchase price of any transfer of an
interest in residential real property. When the transfer is of a
combined residential/commercial property, only the portion assessed as
residential property shall be subject to this exemption; and the purchase
price of the residential portion shall be assumed to be proportionally
� the same in relation to the purchase price of the commercial portion as
�i , the assessed value of the residential portion is in relation to the
; assessed value of the commercial portion.
(b) Transfers to the government of the United States, the
Commonwealth, and any of their instrumentalities, agencies or
subdivisions.
(c) Transfers made as gifts without consideration, with the
following qualification: In any proceedings to determine the amount of
any tax due hereunder, it shall be presumed that any transfer for
consideration of less than fair market value of the real property
interests transferred was made as a gift without consideration to the
��be
extent of the difference between the fair market value of the real
property interests transferred and the amount of consideration claimed by
the purchaser to have been paid or transferred, if the purchaser shall
have been at the time of transfer the spouse of the seller, or shall have
been the lineal descendant or the lineal ancestor of the seller, by blood
or adoption, or the sister or brother of the seller, by blood or
adoption. Where the purchaser bears no such relationship to the seller,
� it shall be presumed that consideration was paid in an amount equal to
� the fair market value of the real property interests transferred, as
determined by the assessed value of the property at the time of the
� transfer.
(d) Transfers of property sold at less than market value and
subject to deed restrictions limiting the allowed income of the purchaser
to income guidelines for low and moderate income housing, and limiting
the allowed maximum capital gain of the seller to a predetermined amount. �y
When the transfer is of a multi-unit development or structure, a portion
of which is required by contract or deed restriction to be rented to
persons of low and/or moderate income, and when such contract or deed
restriction is enforceable for a period of at least 5 years from the time
of transfer, then the portion subject to such restrictions is exempt from
this tax. The purchase price of the exempt units shall be proportionally
the same in relation to the purchase price of the market priced units as
the assessed value of the exempt units is in relation to the assessed
value of the market priced units.
(e) Transfers to the trustees of a trust in exchange for a
beneficial interest received by the seller in such trust; distributions
by the trustees of a trust to the beneficiaries of such trust.
• (f) Transfers by operation of law without actual consideration,
including but not limited to, transfers occurring by virtue of the death
or bankruptcy of the owner of real property interest.
(g) Transfers made in partition of land and improvements thereto,
+ under Chapter two hundred forty-one of the General Laws.
(h) Transfers to the public, any charitable organization as defined
in clause three of Section five of Chapter fifty-nine of the General
Laws, or any religious organization, provided that the real property
interest so transferred shall be held by the purchaser solely for its
public, charitable, or religious purposes.
(i) Transfers to a mortgagee in foreclosure of a mortgage held by
such mortgagee, and transfers of the property subject to a mortgage to
the mortgagee in consideration of the forbearance of the mortgagee from
foreclosing said mortgage.
(j) Transfers made to a corporation or partnership at the time of
its formation, pursuant to which transfer no gain or loss is recognized
under the provisions of Section three hundred and fifty-one of the
Internal Revenue Code of 1954, as amended.
(k) Transfers made to a stockholder of a corporation in liquidation
of the corporation, and transfers made to a partner of a partnership in
dissolution of the partnership.
(1) Transfers consisting of the division of marital assets under
the provisions of Section thirty-four of Chapter two hundred and eight of
s the General Laws or other provisions of applicable law.
(m) Transfers of property consisting in part of real property
interests situated in the municipality and in part of other property
interests, to the extent that the property transferred consists of
property other than real property situated in the municipality; provided
that the purchaser shall furnish the Collector and the Register with such
information as he shall require or request in support of the claim of
exemption and manner of allocation of the consideration for such
transfers.
��� �
SECTION 9. The tax imposed by Section 4 shall be a lien on the property
being transferred until paid. Notification of said lien shall be
included by the Tax Collector in all Lien Certificates issued after the
effective date of this Act. The fee, which shall be due within 15 days
of the recording of the deed, shall be paid to the Tax Collector; and the
purchaser shall deliver to the Collector, whether or not a fee is due, a
copy of the deed or other instrument evidencing such transfer which shall
�'' have attached thereto or as part thereof a statement or affidavit signed
( >.j under oath or the penalties of perjury by both the seller and the
purchaser, or their legal representative, attesting to the true and
complete purchase price, and the basis, if any, upon which the transfer
is claimed to be exempt in whole or in part from the tax imposed thereby.
The Collector shall issue a certificate of payment stating for the record
that the tax has been paid or that the transfer is exempt from such tax
and the basis for such exemption. If the appropriate fee is other than
the amount tendered, the Collector shall issue a written notice to the
purchaser of the correct fee, together with the reason therefor, and the
fee shall be paid as corrected before a certificate is issued. Anyone
aggrieved by a correction that results in a deficiency has the right to
appeal using the procedure set forth in Section 11. The thirty days
allowed for filing the initial petition for a hearing shall date from the
time of issuance of notice by the Collector.
The lien on the property imposed by the provisions of this Act will
be extinguished at the time of the recording with the Register of Deeds
of the certificate of payment issued by the Collector.
Within 14 days following the issuance of the certificate of payment
of the fee imposed by Section 4, the purchaser or their legal
representative may return said certificate to the Collector for
cancellation, together with an affidavit signed under oath or the pains
and penalties of perjury that the transfer, with respect to which said
certificate was issued, has not been consummated. The fee paid with
; respect to such transfer shall forthwith be returned to the remitter or
their legal representative.
SECTION 10. The fee shall be the liability of the purchaser. Any
agreement between the seller and the purchaser or any other person with
reference to the allocation of the responsibility for bearing said fee
shall not affect the liability of the purchaser. Any purchaser who fails
to pay all or any portion of the tax established by Section 4 on or
before the time it is due shall be liable for the following payments in
addition to said tax:
(a) Interest: Interest on the unpaid amount of the tax to be
calculated from the time it is due at a rate equal to fourteen percent
per annum or one and one-half percentage points over the Prime Rate,
whichever is higher.
(b) Penalties: Any person who, without fraud or willful intent to
defeat or evade the tax established by Section 4, fails to pay all or a
portion of the tax within thirty days after the time it is due, shall pay
a penalty equal to five percent of the outstanding tax as determined by
the Collector for each month or portion of a month thereafter that the
tax is not paid in full; provided, however, that in no event shall the
amount of any penalty imposed hereunder exceed twenty-five percent of the
unpaid fee. Whenever the Collector determines that all or a portion of a
� tax due under this act was not paid due to fraud or with intent to defeat
I or evade the tax imposed by this act, a penalty equal to the amount of
I said tax or said unpaid portion of tax shall be paid by the purchaser in
� .. addition to said tax or unpaid portion of tax.
SECTION 11. (a) In the event that, subsequent to issuance of the
certificate required under Section 7, the Collector determines that
because of mistake or fraud or with intent to defeat or evade the
purposes of tliis Act, there has been a failure to pay in full the tax due
under Section 4, the Collector shall so notify the purchaser by
registered or certified mail within 30 days of the issuance of said
certificate. Said notice shall state the amount of the deficiency and of
any penalty or interest assessed together with the reasons therefor. The
board of assessors shall grant a hearing on the matter of the imposition
of said tax, and/or of any penalty or interest assessed, if a petition
requesting such hearing is received by said board within thirty days
/3��
after the mailing of said notice by the Collector. The board shall
notify the purchaser in writing by registered or certified mail of its
determination concerning the deficiency, penalty or interest within
fifteen days after said hearing. Any party aggrieved by a determination
of the board concerning a deficiency, penalty or interest may, after
payment of said deficiency, appeal to the district or superior court
within three months after the mailing of notification of the
determination by the board. Upon failure to petition for a hearing, or
�� appeal to said courts, within the time limits hereby established, the
purchaser shall be bound by the terms of the notification, assessment, or
� determination, as the case may be, and shall be barred from contesting
the tax, and any interest and penalties thereon. Al1 decision of said
courts shall be appealable. Every notice to be given under this section
shall be effective as against the purchaser if mailed by certified or
registered mail to the purchaser or their legal representative at the
address contained in the signed statement required under Section 9 to be
delivered to the Collector at the time of payment.
All fees, penalties and interest required to be paid pursuan� to
this Act shall constitute a lien on the property and a personal debt of
the purchaser and may be recovered in an action of contract or in any
other appropriate action, suit or proceeding brought by the Selectmen;
said action, suit or proceeding shall be subject to the provisions of
chapter two hundred and sixty of the General Laws.
SECTION 12. If any provision of this Act or the application of any such
provision is held to be invalid, the remaining provisions shall not be
affected thereby.
SECTION 13. The tax established in Section 4 will be in effect no later
than 60 days after passage of the Act. The Selectmen shall post a notice
in the Town Hall and on two consecutive weeks they shall insert a legal
notice in a newspaper having circulation in the town, informing the
public of the date said tax will be in effect and the rate thereof. Said
� notification procedures shall take place at least 30 days before the tax
is imposed. The Tax Collector shall add notification of the tax imposed
by this Act to all Lien Certificates issued after the date that said tax
is in effect.
SECTION 14. This Act shall take effect upon its passage.
�"
1 ��� �
� 3�
(Adjonrned Session, 1987 Annual..Town Meeting — April 27, 1987,cont.)
Totals 86 81 1
The Moderator declared the amendment offered by Mr. Fraser to have
carried. 10:35 p.m.
Arthur Smith, Pr. 2, pointed out the question of the Selectmen's ability
to transfer the money under the housing option with no additional input
� necessitated. 10:37 p.m.
_ I Mrs. Rawls stated that the Town Meeting oversight is covered under the
bonding necessity. Julian Bussgang, Pr. 2, asked for an amendment next
year to take care of the oversight. He asked that separate ceil'ings be
established for housing and conservation. 10:38 p.m.
Michael Golay, Pr. 6, stated his robust am'oivalence against the main
motion. He stated that the literal obligation is upon the purchaser
but is actually against the seller. He spoke against dedicating fnnds
for specific purposes. 10:43 p.m.
Donna Hooper, Pr. 3, asked what other towns had established as
percentages an3 Mrs. Rawls stated that the state had proposed 20% for
adminstration and 20% for management. Mrs. Miller stated that no further
permanent staff was proposed. 10:47 p.m.
Elaine Dratch, Pr. 5, rose to offer an amendment addressing the concern
of allowing the Selectmen the entire ability to administer the funds.
Section 3b would be changed. 10:48 p.m.
James Barry, Pr. 1, moved the question. As the amendment was on the
floor, the Moderator asked that the amendment be allowed to be clarified
and put into proper language. 10:54 p.m.
William Spencer, Pr. 6, moved to adjourn to Wednesday, April 28, 1987, at
� 8 p.m. 10:55 p.m.
� Mrs. Uhrig asked if the adjournment motion was debatable and received an
affirmative answer. She asked the Town Meeting not to adjourn in order
to consider Article 43 as previously planned on April 29. 10:55 p.m.
Donald Wilson, Pr. 2, supported the motion to adjourn citing the
confusion in existence. 10:55 p.m.
Renee Cochin, Pr. 7, moved the previous question. 10:56 p.m.
The Moderator declared the meeting adjourned to Wednesday, April 28, at 8
p.m. following a voice vote. 10:57 p.m.
A true copy. C..
Attest. `6�i�G� , -
,�-�cti �2:Q�-e-�
Bernice H. Fallick
Town Clerk
��
�_ :
9 n��
�
I
i
I
ADJOIIRNED SESSION - ANNUAi. TOWN MEETING
APRIL 29, 1987 i
The meeting was called to order by the Moderator Margery M. Battin
at 8:04 p.m. , in Cary Memorial Hall. ;
There were 174 members present.
The invocation was offered by Reverand Martin McCabe, Pastor
Emeritus, Church of the Sacred Heart. 8:05 p.m.
The Moderator explained procedural routines. $:06 p.m.
i
�
ARTICLE 2. REPORTS �
�
Joyce Miller, Conservation Commission, explained that under Article
34, the clause authorizing the Town to apply for state reimbursement had
been omitted. Therefore the Commission intends to ask for
reconsideration on Monday night in order to insert the clause. i
8:10 p.m.
Ephraim Weiss, Pr.S, stated his intent to move indefinite ,
postponement on Article 49. There are legal technicalities. The concept
is valid and needs to be developed. 8:12 p.m.
Arthur Smith, Pr. 2, reminded those present of the Sunday meeting to
discuss the Special Town Meeting. 8:13 p.m. j
�
ARTICLE 41. HOME• RULE PETITION - LAND BANK (CONT.) '
MOTION: The motion under Article 41 be amended by adding the following (passed- '
words at the end thereof: ,"provided that the petition to the General see I
Court for the act shall request that the act require that all monies from below) i
the Housing Fund to be expended for the purchase and development of
housing or land shall be expended by the Selectmen only after approval by
the Town Meeting."
Presented by Elaine Dratcn. $�16 P`m• I�
Paul Marshall, Selectman, stated a favorable opinion. 8:16 p.m. �
Renee Cochin, Pr. 7, asked if this limits the use by Selectmen for rent
subsidy. 8:17 p.m. ,
I
;
Mr. Marshall said that funds are to be used for land or housing. j
8:17 p.m.
Following a voice vote the Moderator stated the amendment offered by Mrs.
Dratch to have passed. $'19 P'm'
Paul Riffin called the question. Following a voice vote the Moderator
declared Mr. Riffin's motion to have passed. 8:20 p.m. ;
�
Representative Stephen Doran commented on the action of the Committee on �
Taxation and praised the quality of the Lexington article. 8:22 p.m.
Following a voice vote the Moderator declared the motion on the Land Bank �
as amended to have passed by unanimous vote. '
8:24 p.m. j
ARTICLE 42. ZONING BY-LAW, TECHNICAL CORRECTIONS
Judith Uhrig, Planning Board Chairman, moved that Article 42 be
postponed until after Article 43. Following a voice vote the Moderator �
declared Article 42 to be postponed until after Article 43. 8:24 p.m. i
—�
� �
�. /3� `-z
/ �,�-,� /9Ki I � �. E � 3 � 1N �4L. �10T � a -N-
��i i�'� Planning Board '
► � i , Town of Lexington, Massachusetts '
..�,...
4sn.o, '
Robert A. Bowyer TOWN OFFICE BUILDING
Planning Director Lexin�tort, MA 02173
617/862-0500/Ext tp�
ARTICLE 43 �,' }�A.N��S �Nb IG I�TED
�, ZONING BY-LAW, COMpREHENSIVE RESIVISIONS -
� ; COMMERCIAL DISTRICTS, PERMITTED USES 8� �PA CsE.S G �'F�GK��
�__ A�1 D �J o e.D i N C�-
MOTIOp F�t T� TOWN CI.�K
MOTION: THAT THE ZONING BY-LAW BE AMENDED: a�D� � L / � ��
PART A. SECTION 1_, CREATION OF DISTRICTS, PURPOSE OF DISTRICTS
A. In Section 1, by striking out the title of the section and inserting in
place thereof: "SECTION 1. PURPOSE, DISTRICTS, AUTHORITY" '
In Sec.tion 4, by striking out the words "ESTABLISHMENT OF DISTRICTS" in the
title and by striking out the text of the section in its entirety;
In Section 1, by etriking out subsection "1.2 ZONING MAPS" and subsection "1.6
FORBIDDEN IF NOT PERMITTED" in their entirety and by redesignating subsection
1.7 to be subsection 1.6.
In Section 1 by inserting a new subsection 1.2, as follows:
"1.2 DIVISION OF THE TOWN INTO ZONING DISTRICTS -
. In order to carry out the purposes of this By-Law, the Town of Lexington is
divided into zoning districts, as specified hereinafter. - '
��^ 1.2.1 APPLICABILITY
`"J Every parcel of land and every building or other structure in the town �
shall be in a zoning district, and except as other�rise provided by law or by
this By-Law, shall be subject to th'e regulations, restrictions, and require- �
ments specified for the zoning district in which it is located. �
Zoning districts are hereby established as shown on a map entitled "Zoning Map +
of the Town of Lexington Mass." (hereinaf ter referred to as the Zoning Map) or
as hereafter amended. The Zoning Map by this reference and all boundaries,
notations, and other data shown thereon, are made as much a part of this By- ;'�
Law as if fully described in detail hereino �
i
Any change in the location or boundaries of zoning districts shall be by the i
same procedure as amendment to the text of the Zoning By-Law. . I
1
1.2.2 CLASSES OF DISTRICTS
There shall be three classes of districts as follows: �
Symbol Title ;
A. Standard Districts �
Residential Districts i
RO One Family Dwelling �
RS One Family Dwell ing i
RT T�ao Family Dwell ing �
RM Multi-Family Ilwelling I
L._.,...�� i
�` .
' Part R; Section 1, Creation of Dietricts Page A- 3
Comprehensive Commescial Revision (as of 4/29/87)
RD - PLANNED RESIDENTIAL DEVEIAPMENT: is intended to be a district with a
higher density of development providing housing in dwelling units or group
quarters for families or small households or single persons in a variety of ;
types of housing , all in a planned setting for which the approval of the Town .
Meeting is obtainede
CO1�IERCIAL DISTRICTS � �
� '
CN - NEIGHBORHOOD BUSINESS: is intended to be a district with a low intensity
of development for small establishments , oriented to one or more nearby neigh-
borhoods, which provide a few services and convenience goods that are purchas-
ed frequently and require a minimum of consumer travel. The range of goods
and services offered should not be so broad as to attract substantial trade
from outside the neighborhood. Due to the location of CN districts adjacent
to residential areas, development should be small in scale and architecturally
compatible with nearby sesidential buildingse I
� CRS - RETAIL SHOPPING: is intended to be a district with a low intensity of
development for establishments offering a variety of goods and services, '�
serving the whole, or large sections of, the towne Development in the CRS '�,
district is best achieved by a group of stores in a building developed and �
managed as a unit served by a common parking area so as to comprise an effici-
ent and architecturally integrated shopping area. In some cases, individual
establishments on separate lots , which are not part of a larger shopping
complex, may occur in the CRS district.
. CS - SERVICE BUSINESS: is intended to be a district with a low intensity of
development for: establishments providing certain types of business services.,
for the shops and yards of local tradesmen providing building construction and �
repair services primarily for the residents and small businesses in the town; '
or automotive services necessary for the residents of the town which may not �.
be com atible with uses ermitted in other districts. The ! i
P p pattern of develop- �
ment generally is individual establishments on separate lots , each with its '
own off-street parking. Frequent automobile turning movements off and on
abutting arterial streets are anticipated and must be regulated .
CB - CENTRAL BUSINESS: is intended to be a district with a medium intensity
of development for establishments and institutional uses offering a wide
variety of goods and services. The CB district is intended to recognize and �
enhance the role of Lexington Center as the focus of civic , cultural, retail
and service activity in the town. Its contri6ution to the history, culture and i
image of the town requires special development standards not appropriate for �
other locations in the town, '
A compact and more intensive development oriented to pedestrians and people
entering several businesses, public or institutional uses is anticipated. '
Most off-street parking will be in a few larger lots serving a variety of
uses. Mixed-use development is appropriate. Uses which interrupt the conti- '
nuity of the pedestrian circulation and shopping patterns are discourageds I,
CLO - LOCAL OFFICE: is intended to be a district with a medium intensity of
development for offices and related services that are oriented primarily to
residents of the town and other businesses in the town but not to a regional
clientele. In some locations , the proximity to ad�acent residential areas, or
1 i
'� �
i
�
�
i
;
__ ----------
---- --- _ ---- ----- _----------------------
�---_
�
Part A; Section 1, Creation of Districts Page A- 4 I�
Comprehensive Co�ercial Revision (as of 4/29/87)
the re-use of buildings originally constructed as dwellings, may warrant
special design controls in the CLO district that insure retention of a resi-
dential scale and the use of exterior building materials characteristic of
residential construction.
� CRO - REGIONAL OFFICE: is intended to be a district with a higher intensity
1 of development for offices and related services appropriate for larger compan-
�` ies oriented primarily to a regional clientele. Buildings are assumed to be
placed in an open, park-like or campus setting.
CM - MANUFACTURING: is intended to be a district with a low intensity of
development for the manufacture, assembly, processing or handling of materi- '
als, subject to certain performance standards,. which are incompatible with and '
need to be well .separated from residential, institutional or certain business '
use s.
CD - PLANNED COt�fERCIAL: is intended to be a district to permit considerable
flexibility in the development of land for com�ercial or mixed-use purposes
without predetermined standards. The CD diStrict procedure �is intended to
- permit the Town Meeting to approve development standards unique to a particu-
lar location and not applicable to other locations in the town. Where land
not now zoned for commercial development is proposed for new co�ercial de-
velopment, it is intended that the CD procedute be used rather than rezoning
to one of the staridard commercial zoning districts.
1.2.4 PREPAR.ATION OF THE ZONING MAP �
The official Zoning Map- of the Town of Lexington shall be prepared by . ,
the Planning Board and shall be on file in the office of the Town Clerk and in
the office of the Planning Board. The Planning Board may also prepare and
print "Zoning District Maps" showing the boundaries of districts at a larger
scale and on individual sheets which shall also� be as much a part of this By- '
law as the Zoning Map. The Zuning Map and the Zoning District Maps may be II
` � revised, from time to time� by the Planning 'Board as amendments to the Zoning '
Map are voted by the Town Meeting. Both the Zoning Map and the Zoning Dis-
trict Maps may include geographical features, streets, notations and such
other information as the Planning Board may add to keep the maps reasonably
current and to facilitate orientation.
1.2.5 BOUNDARIES OF OVERLAY DISTRICTS
Wetland Protection Districts WPD are shown on maps entitled "WETLAND
PROTECTION DISTRICTS, LEXINGTON, MASSACHUSETTS - 1973" consisting of an index
sheet and 12 sheets entitZed Zoning District Maps numbered W-1, W-2, W-S, W-6,
W-7, W-8, W-12, W-13, W-26, W-32, W-33 and W-39.
The National Flood Insurance Districts NFI are as defined in the HUD Flood
Insurance Study and as shown on maps entitled "Flood Boundary and Floodway
Map, Town of Lexington, Massachusetts, effective June 1, 1978" or as duly
amended from time to time thereafter and "Flood Insurance Rate Map, Town of
Lexington, Massachusetts, effective June 1, 1978" or as duly amended from time
to time thereafter which maps are on file with the Town Clerk.
1.2.6 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES
The boundaries between zoning districts are as shown on thP Zuning Map
and on the Zoning District Maps . In the event of any difference between the
_' I,
i
+ I,
Comprehensive Coumercial Revision (as of 4/29/87) �
�r � � ,
boundary of a zoning district as shown on the Zoning Map or the Zoning Dis-
trict Maps and �he perimeter description set forth in the vote of the Town
Meeting establishing or amending said boundary, the vote of the Town Meeting
shall govern. Where uncertainty exists with respect to the boundaries of the
various zoning districts as shown on the Map, the following rules shall
applys
ao ivhere the boundary is indicated as a streee, highway, railroad
right-of-Way, or utility easement, the boundary shall be the center
line of the street, highway, railroad right-of-way, or utility �
ease�ente
b. 6Jhere the district boundary is indicated as approximately parallel
to a street, highway, railroad right-of-way, or utility easement, �
the boundary shall be taken as parallel thereto and, unless other- --�
wise indicated, 100 feet from the center line thereof.
c. Where the district boundary is indicated as following a water
course, the boundary shall coincide with the center line thereof as
said center line existed as of the effective date of this By-Law of '
of any amendment to the Zoning Map applicable to that water
course.
d. Where the district boundary is indicated as following the shore
line of a body of water (such as a pond) , or of a contour line, the '
boundary shall be the elevation above the datum mean sea level of
such body of water, or contour, and shall be labelled el. with
the elevation of the Zoning Map, such as el. 150. If the elevation
is not labelled , it shall be as shown on the U.S. Geological Survey
Map, Lexington quadrangle of 1971 and Concord quadrangle of 1958, '
and if the elevation is not indicated on the USGS map, tt�e boundary
shall be the water line, .or contour line, as shown on the photo- '
grammetric maps of the Town by prepared by the James W. Sewall '
Company in 1972s
e< Where the district boundary is designated as approximately follow-
ing a lot line, such line shall be construed to be the boundary,
and shall be labelled L.L. on the Zoning Map.
fe Where the district boundary is indicated as the extension of �I
another district boundary line, the boundary shall be the straight '
line extension thereof. '
g. In cases not covered by subparagraphs a. through f. above, the � I�
locations of the district boundaries shall be deteivnined by the --
distances, if given, from other lines or features on the Zoning
Map, or, if distances are not given, then by the scale of the '
Zoning Map o
If, after the application of the rules set forth in paragraphs a through g, ';
uncertainty still exists with respect to the boundaries of a district, the
Building Co�issioner shall make a determination after first seeking an advi- �
sory opinion from the Planning Board. �
END OF PART A . S�CT� 0 N t� z-�
�1 EL�i E�
��; � �
� � �
% ;
,
, i
;
;
;
;
__ _-- ------___
T- ----- ----------
�
�
�
PART B. SECTION 4. PERMITTED USES AND DEVELOPMENT STANDARDS
B. In Section S, by striking out the title of the section, USE REGULATIONS,
and inserting in place thereof: "SECTION 5. SUPPLEMENTARY USE REGULATIONS,
RESIDENTIAL USES"; by striking out subsection S.1 APPLICABILI�TY in its
� entirety and by inserting in place thereof the word "5.1 (Reserved)";
I
- - At the end of the Zoning By-Law, by deleting page T-1, which describes the
. symbols used in Table 1, in its entirety, and by deleting TABLE 1. USE REGU- ,
LATIONS SCHEDULE on pages T-2 through T-6 in its entiretye
In Section 4, by inserting a new title for the section so that it will read: '
"SECTION 4. PERMITTED USES AND DEVELOPMENT STANDARDS"
In Section 4, by inserting new text for the section so that it will read:
" 4. 1 APPLICABILITY
4.1.1 PERMITTED USES � - �
No land shall be used and no structure shall be erected or used except �
in comnliance wittL.,� ��ions of this Bv-Law and as set forth in TABLE 1, �
PERMITTED USES AND DEVELOPMENT STANDARDS, or as permitted by Section 6. Non-
Conforming Uses and Structures. Use of land in: 1) overlay zoning districts,
such as the Wetland Protection District or the National Flood Insurance Dis-
trict, shall be subject to the additional requirements of subsections 8.5 and
8.6 respectively, and 2) a planned co�ercial CD-district shall be subject to
the preliminary site development and use plan approved by the vote. of the Town
Meeting as provided in subsection 8.2. While TABLE l sets forth the uses that '
may be permitted in planned residential RD districts generally, the uses
permitted in a particular planned residential RD district shall be only those
set forth in the preliminary site development and use plan approved by the
vote of the Town Meeting for that district. ',
4.1.2 USE OF SYMBOIS IN TABLE 1 . '�
The symbols in TABLE 1, PERMITTED USES AND DEVELOPMENT STANDARDS shall
have the following meanings:
Y YES: Permitted as of right, upon issuance of a building permit or a
certificate of occupancy, provided however that all non-residential
developments with 10,000 square feet or more of gross floor area, �
including any existing floor area but .not includin an floor area
d�ev„ote to of -street parki�,g , and all residential developments with
three or more dwelling units, or their equivalent, including any exist-
ing dwelling units , are not permitted as of right but are a owe on y
upon the granting of a special permit with site plan review (SPS) ;
SP SPECIAL PERMIT: A use, building, structure or other activity that is
permitted only if the SPGA makes a finding and determination, as set
forCh in subparagraph 3.3.2. (See subsections 3.3 and 3.5)
SPS SPECIAL PERMIT WITH SITE PLAN REVIEW: A use, or one or more� buildings
that comprise a development, that is permitted only if the SPGA makes a
finding and determination as set forth in subparagraph 3.4.2. (See
subsections 3.4 and 3.5)
N NU: Not permitted. �
�
_'
��,
�
L !'!J .
S
Part B; Section 4, Permitted Uaea Page B- 2 v
Comprehensive Commercial Revision (As of 4/29/87)
4.1.3 USES NUT LISTED IN TABLE 1 ARE PROHIBITED i�
All uses which are not listed in Table 1 are prohibited.
I
4.1.4 MORE THAN ONE CLASSIFICATION '.
Where a use , structure , development or activity might be clasified
under more than one of the uses on the lines in TABLE 1, the more specific
classification shall apply; if equally specific , the more restrictive classi- , '
fication shall be usedo
4.1.5 COMPLIANCE WITH ALL STANDARDS
In several sections of TABLE 1, in the various groups of uses and at ,
the beginning of the major sections of the Table, there are listed standards '
for: permissible uses , operating characteristics and development standards.
A use, building, activity or development must comply with each of those stan-
dards which may be applicable. Failure to comply with any one of the stan- ,
dards will be the basis for denial of a building or occupancy permit; failure / '
to continue to comply with any one of the standards will be the basis for �
revocation of t e certi icate o occupancy.
4.1.6 PRINCIPAL USES, ACCESSORY USES
The principal use is the main or primary use of a lot or structure. An
accessory use is one that constitutes only an incidental or insubstantial part ,
of the total activity that takes place on a lot and is cotmnonly associated '
with and integrally related to the principal use. Even though a use may be a
principal use in another situation, it may be conducted as an accessory use in
conjunction with another principal use provided it is insubstantial, incident- .
al, co�only associated with and integrally related to that principal use and
does not exceed the size set forth in subparagraph 4.1.7. A use or structure �
i
not listed in TABLE 1 and not prohibited by line 18.2 or 18.3 is permitted '�
provided it is a use or structure that is accessory to a principal use or �,
structure that is permitted by TABLE 1 and conforms to all other provisions of , �
this By-Law and is not in violation of any other Town By-Law or the General i
dATI1�eS s �
4. 1.7 LIMIT ON SIZE OF ACCESSORX USES
An accessory use shall not occupy more than. 25 percent of the area of a
lot or more than 25 percent of the gross floor area on a lot except that such ✓ ,
limitation shall not apply to off-street parking. An accessory apartment (see
subsection 5.2) ma occupy not more than 30 ercent of the floor area of a
we ing_ '�i
4.1.8 CHANGE IN USE � �'
Prior to a substantial change in use , a new certificate of occupancy
shall be obtained. If the existing use or the proposed new use is one which j
requires a spec'ial permit or special permit with site plan review, as set I
forth in TABLE 1, prior to a substantial change in use, a new special permit
or special pesmit with site plan shall be obtaineds
i
A substantial change of use occurs when: 1) the change is f rom one principal i
use category to another, i.e. use classifications which are on a different ;,
line in TABLE 1; 2) the existing use of a lot is a combination of several ,
different principal uses , such as different stores or offices or eating estab- ,
lishments within one building, and the change alters the off-street parking '
requirements :or the overall use of the lot; 3) the operating characteristics '
�
i
i
i
—.
i
- -- - ---------------- �----_
----------- ___-- ----------------------------- __
---�-,}�
Part B; Section 4, Permit[ed Uses Page B- 3 ��
Comprehensive Co�ercial Revision (As of 4/29/$7.) Y
of the new use di�fers substantiall from that of the use which it replaces
because there are adverse im acts on nearb . ro erties or e ca acit o
public sery ces or f not ade uate to accommodate the new use, os
4) in a planned .residential development, if the type of dwelling units s
changed. A change in the ownership or management of an establishment, without
the type of changes enumerated in the previous sentence, is not considered a
substantial change in use."
END 0F PART B
<,_n,.�,,
��
i
� �
..e �c
. a
o � I
�., .. .. ... a.. �. ._ �.. �..
a e • • � • • • • � F+ C�
p., r r. 1� h� r r. �. r V� � • '.
�. v � M � V.1 (� P'° H � ' �
d
,^t O C �v a o n r+ H � h,, C �-r, c� a c) O o �v ►��3 9 I
v
� � �- �o � oo � � o � mo � o � �vr� ►-� rA �
< s �. w e a �c n � � � � a o ro �o x a r I
�. �c rt � o a n c��v w r r. < r < � i n 3 r �
Ep v� D H fD ro �D o t0 N 1--� r rD � fD ra, ►n p� r-+ �F I
n �9 r� m 'C � n rD r+� r� n r� M co w rt H C �1 �-
v� O d r'+ rt r �D 0� < n a n � � a� 9 9 r H �n O
.. n � ., w •s n � c av � r�aa r� r. �. � t� t� �s
cn n o o � co �e v �. c o o � � oo t7 cn
►on K � � .e � � � o � � �e � c
� � o° °� o c. sa � E e �. r�'o o c�'o o a a � �'i �
� h�+ w fD ~ c'C! ° � . rt tD rn fD r^:f�D � a � �
►t o o a� �e �o rn �-- g r� �a o m o �- F- a r� �v I
�i fD Oq rt G M O W W 7 G 7 C � r � fD [=f fD
�'' Q� M B �"f ".�' F� Q' � CT fD �F+ F� < Z
f�D tU C W m r+� N 0a � n tn I m I � � f0 H � �
� 1-� rt .y � W . r* O (D �-n �D rn OQ OQ h-� r+ r�
�n w r� a, r� �o �o � � � n c� • o � n
�pv n n. � . Dv � � rt 5 r9 �v r �'*
n fD C� fD n rt f9 7' 0� tD t+- F+� F+ t�+� m 9 fD "O
rr A v < W � ►1 �" � M O F" O r (D rD C t]. '
r� r� �o w w n. r� n � n a �e o �e 5� � cn y
O 0� r r n � O � rD w w n C+7 r+� H 9
D ,a O G fD G. 0� tr G. V+ G. 8 C/� � �
1—'O ''t �'t ►"' 8 � �+ . � s E 0� tA � .°� i
�O i-+ 8 � Sb �' O 61 ►S A fD W f9 rt rt �
. fD to f� r ►+� rn�t o � r rt 0�
►S 'C 7 O 7 �t M P9 �' fD F" W � � ""
g �- n � n oa o r� a r r� �-- w � a .. a cn
w w w a� o � a r- v� a v, a � w � r� coa
R � �-a r'f R �' R f8 F+ '.� 12 OG fD OC fD ►S G fJ1 F�+
� n G C� ? �' � y � E a G. oo re p "O '
E fD S f� V� .� 8 C � n � r* ? R W R �'t [i7 lT1 i
r� a �s R R � o a m � �o o � o n. �. r� z �
n �D �- r� 7 rt tD n n n n E W f� H 3
ry fD O O fD M C fD f� f9 r-r fD �'' R r-� 1-+
ro � �v �' os m r"* o E � w m 9 ►-7
�n ar� O . � W r* rt r� F+ � r� O � O r' H I
f+ F+ M fD gl � � r� O 7 OG 7 I F+� � [rJ
R L3. + W O < O M >'++ 7 n m C7
� ro 3 cr a c r� w n cc n w oc o � �+ '
a o o c� �. � 7 oa � � a ro z � �
r+ n � co o � ro w n r. r� �v tn cn
r-. �-► rD 7 ' f9 � � � 0� cn r � m y [=7
C� A� ? (D 'G G R `G `�C C �-+ �
� F. £ � G. ? rr �-'. Oy f0 � v' H ,
07 �G � � Q`C F,`� µ � H 7�-
_ a � a�i w rHo � w w r R �s �-+ '
f0 µ � .� . rp � E � E � w z . �
< I
n. `. � .. n 9 t�f
j,OaQ v 07 N C" � �
b "� "< ro b Z � y�v o � ^�o !
� � � �
�... c� z �.
�n .e �e cn •a .� •t �-I z� r�~ y I
ro `g
N y � ,
� .0 ►C be •� �C ►C �I 3 r' � I
� • C �'
W U] C7 �
C!� ►C Cn C!� 2 C/) fJ) • 7�7 LT1 �
� ro w C7 V�
� � � � � �
• I
z � �t � •� .< �e (z '
z z ae z z z z c� , ;
�� i
� z z •e z zzz ly '
��
z z � z zz � I� � ,
0
z z •a z zzz �
��
z z �e z zzz I�
�
� I
I
I
_ I
--- ----------- --
-T- ----- -- - - — - --- -
�
� �
o �
e �
'� R
►.. r.. ►� w.. . r{ 1�+�
• s • • � O
N !V N N
W ►V ►+ � �
� � r
� .
►��+ O � O C/� A C S O f�D Cn C'9') 7*F 7*F 7l� r- ... �- ... r.- �... ..� O O n 8 H �3 < H
Y+� 8 fD f� F+ N O 7f fD C� 7F r.� �+ ►.. r� r.. r. ►�. M � 'C �C rC fD W
S� 'S S � � W G. � /•. a � C!J Co Oc.' 00 Oo 00 Oo 00 C. fO fD fO R � Cs1 C: �"'�
C� V+ l� W N �-• $ r1 D fD R tA O fD
R fD fD O � dl �+ r+ � �D 0� fJ� G f+ (D fD +� ►-� C V lD Ot R � G.�G
� < CLp n C' nO�Q .�j � n v~i � a n 8 t�D w � � C f� rC77dH HOOt~-� � � < f�D ►�ay � ..•
►w t � c �n �e ro c r� o .e � ro r. � ►„ �o v� o o n o � o ' � �. m n w � ,�
l__._ m � � �v � n �o o m � a R o � n m � ao o � �e � � cr� � ►, r � ro
r� r C p� A y O r� ►� I-+ C `C r* 'v Oo ai r* C OQ C 8 fD � I 1 6 F+� cD �G O E F+ Gs
r'T �''TJ r* 1'f 'C7 `.7 'p R . F+� C/) � F+ fD 9 f) fD fD 'Cy F+� tD S r7f M� W �1 Cl Mf C=1 Oi "'S
Vi r+ m w t+� p� n �p Or�. D [+7 7 d fD A fD R r. M n O I O tU Ci 0� r+ N y r �-+ n
o �, o o n a� M . r� �o cn .... a � o v� w r� � aa �+, c � e w n �o � � n. r
r+ oa r. � � rt r� v, � �o ►+. n m a� �o ►y n w w a� w w K n n
�o� � �- v+ � a�, � r. °R° v+ •ay ao �° o y c n, �o 0 9 n � g � �- � �o . �o o � z � �
o v+ o o �r � ro o r� � �e ►s n ►-- c� <
� � D • � y r'* �•. ;� . a n ►+, n m v a� n C r
4• � N n Cs ? n W h+� � �C fD �S C O 0.� M m `C 0.� C. f�D f!� � 0� F.. t+� � � (�D
� m ro � n c� � rw n �, �s . rr co c o n a o � r. on
C�1 R (O R R F� W (D (7 v IT R � � F+� p p.
h� � O F�+ F+ ' �' . R F+ (D CA ►1 �7 E � F+� M'� t� Oi F+� M Rl 41 F+� tA . < 01 C7 a f3.
�- O fD f� Oq fD W O oo r-� w 3 O B f� �n �OC O f� f� R fC tD n (D
� ^ �o �' E � � � K � m d � � w a w R 9 a� r� n c � � R � �n v� o ro � �
oa 5 � �* w o c� n a � a� � r� c n n o n � co �o co rt o � � t� r*
�or. r� �. �- ►sz �n ►.. � � wo � �.�ec i an. aono � a � w
O O ? 7� I � x n . � H m n cD r n � w �. �v
n � r�e n r�D o�'i � m c� �y � r+ r� r► h+ � �e n r� n�i � � � r� ti, to ►t r�
9 D M I r� ... �C w n n .a g rr D ID
C" w ►n OC • N • Z7 `C O C r� z
O R � F+ F+. 7 F+ � � tD A A W 1�+� r F+� Vi A1 7 W 1-. p � M R fA tl
O �' r� �+ 7 � F+� 7 M N. o� C X R g O R v � OG ►'� �G 1 N � A� G. 9 W
fD � W OD ^ tC n pq A t7 C!) t+��• K C D � � fD fD v ~n • � fD f0
n 7 a ? 0. O C3. t+ rC-- f�D � r�r rt� � p. G. C OQ �t a � 9 w R f�D p R �
F+ O O O F+
� m � �o °J � c � R n �. � � E �°s oo A Q � � R � � � a a °� � R
• W iC W I-�'S7 r F+� W rt fD �9 tp (D 1,,� 1-+ F.. 1+ rr tD F+. �
n I-� rt �C ►+� � F+� � � rt H. C. . O D 1— I n � an �n 6
C 0f fD 1 ' fD � (A fD F+ C �-- G w TJ 04 ►�+ i-h O iw R W ;�
R ° �. �r c° a oa - c� a � � � m `� � � t�,,, w � a n H �
� W O � O'v M fD t+ m OG � � 'O � � � 7 n r+ p"
9 ►t .. �e �v O o� � p� r• n E m r* n r.
n � �o �, o '� `� m ►�'s w a w � �n � w v�i m w w �
O W F+� i-n 1+ O 1-• � � 1-+ 0. I�+W
� �Y 0. CL Sb CL R n S ~ G. � Rk,.
v � n. �. r. c, �y
� � � Q O n r�r � � �' rt r* Or7 �D n �
f0 � � � . w � � 0� � �D R �
1
~ � .
►e .e �e � z � z ►`�o ro � �
. (/� 7a . I y � �
y
fD
►C "C ►C cn Z Z Z Cn .�G ►C � �
�ro/9 7�(� ro �
H
"� �G �C Z Z Z 2 Z Z 2 ��
� * * * � � *
•* X, * %, K, �. �,
C!� V� fn f/� GA C/� C/� tA V7 CA I x
'� 't7 'S7 � � � * � * ro7F b
"� '� x z zzzzzz I�
z
Z z z z zzzzzz I�
�
ti
z Z Z Z Z Z 2 2 � Z (A
�
�
a
z z z z z z z z z z °'
I� �
o °' °,
�v
z z z ' z 2 z z 2 z z c� �o°ia
�� � �
� n
z � z z zzzzzz (� °„° �
�1 v N
�
t�v �
`��'
I
, �
� � !
.. ... � .. ... ... �- � �. �
� e s • • e s fC 'J I
W W W W N N N N N N S �
�,i P.7 r- O �O OD v O� V+ l� = r
0: �
M+
9 c� w n c. E m o n < o �„ �•. O cn� ►g cn rr C� an ►3 � a �e o 5 < -3 ;
" C O T� �'' � F+� C G S �D r*+ O 7 �++ G� C fD E O r1 0� O C O Y. r* O � m ;
�' a 'C� J f9 r'► r> r+ fD S IT M OQ �++ n fD 7 F+ f0 g O W R R 7� 8 �T
R < �+04 �-+ S O a W I I fp n ' a R fD fD � R fD � f0 [: � �
r� ro �e r r� g o G. n v� m ra w � ►+• 9 � � o C+ rt n a , � �
1 7 r r� 7 o O E i-+ n 'l7 r+ �+ O tn r+ fD S a w p F+ F�• O
M i+ n O 7 � ►t fD � r1 d 0� ►1 t+� rt 7 O h+� ? fD 01 O 'C f� 9
G� �D O rt Oq n r� !C � f� fD n A � �A G 5 � M O M *'t A f0 �J
g � m a- ►� y �-- E c� m ro co ro v o w �n �e a an o c � I
r. n w m �o �s rt h+ � n r� m n a� c �v 6 �o � . w m ►+,�v n ,c
�-- � c d a o o w �-- n a �s o ro �n o < �o �, r-. o,
�C n 7 f3. B k' M OQ f� �p F+� Q1 T9 fD Q R O � W W ►'S �"t M+� W R C1 ^f
a c � a E � w awo w � n a�o � M � co o ~ w � � o n � � w o ~ R
fD m < n � t+ A fD � m 7s' 7r r+ ►t 9 0� ►1 t-+ f+ a O � 7C 9 '
< 1�+� fD ? f+• 8 ? CS. ? F+� C T7 F+ C F+ ^ fD C N Rt h+ 0. A � . fD + �i
c� a � � n c o m o a � � r� a � �n o u� ao � �o �o a� <
r fD w � 9 w rn an r Qa r� O � 7 f� O rD m t9 n fD D 7 ►-+ p �'- 70
O w n � ? S r r* < Oq r C � w 0. O r* r* O ►t m � I
�v an �.• n �.�e w � m �n� r� �, c � o � m v� �n b �- w
g �o n w a� F- o �- cr o a o m a �► a� � r�, R �- r� �o 0 0 � ;
tp o m � M r n r co n m co M � �.•. C m O n � < D n ►t �-n � a
O �s fD �n O. Cs. n � �n cT r M p G. r� S m �n �
rt � n A O' B v' O 7 �n 0� fD � O �n ►�+. � n �p O F.. 7
O rr • rt 't fD O (D � O 'L7 rn C 7 •S � f� l� On t+� S 7 f� r*
� Ro ro �o �s Rcoorta � � oo ov � r� o . �o �
tA �' n H rD .a t7 rD b to A n O G R� n a 0� p� n tu �
cp �o �o � � G w nr a. 9 r� g � w n � a� ti rt a n v o �- I
rp K a w �p r+. n r, M o o� � o a w o n � a �' � C ►t ►�++ �
�A C. n 7� �' 7� w n t�-' O �^ �t1 7 O n 0� fD tp fD 'ty O
w n E � co n� ro � � •► r� cn w o r n � � a� e m �
c o r� r �„ aao an. b � �.. � r-� n v+ v� w� � £ wwa�o �
c n r� ►s n ro fD fD 1-� n .
OD � ? 3 O rn O O o G S ^S rr W • v IIt 1-+ f+. O tD � p lD ? , r*
f9 fD 1�+� F+� 8 O � 7 � q 01 � 7' s 07 ^�v W � � rC �OQ ,J t3.� rt I
- A M � n al �--� fD H+ (D 7 h+ N C
rt n w R �e � �* a c cn w w c w �o r� w R r� c
e+� f+ W � ? R 'C O r-� tA fD �G �-t 'C 7 9 D �' f) r*
O �1 F+ f0 � F+� 7 W r a !+ R M f0 � fD 'O 'C W N OG Q7 CL lD W •+
� r-� Q' O fD � ri � �D 0� ? A CL Pt O I-r C • �G M y .�
C a < �D r1 O n a� a+ m �T � fD D �
�o C r� r��o n� 0o ro w n n co C �- C E a � v'� s o � w
e Cn F-� f1 fD r'S .'� W C tD �D R O Cl F"� f� w �'. (D 07 F+ r-+
�,, co a o � w a� aa � � a. p m n r� r� � < co o� a .
• a� ►� ro � w � w � � c m o r� � b W � n �o e �
w � w o n n � n w ro r� G o v, � cu G a. �c � � �
.. �-ac �„ w ro ►s w w •s �+ n �s • � a, � �r �. R ►� o n
� . � �v a� � oa a n �o o v �► � � o o r� n _
o �, o� a co ro r. a a v • o ►, c �c oc �c an - •.
� W rr -CT r a . 7 4� • o � N � p� C f) n fD rr n-
c o �* c � •• n r� ro s r� -c
R R F+� 7C' . lJ1 � H fD O �' �
� 1 O F� I • 0. ' � F+� i-i r^'
�"n fD V F+ W
� v �
OC
2 ►C �-C K �C � �C ►G ►C � I c� O C �
m
�
�
Z aC rC �C rG GA �C �C rC N� I,^p '
� ro y i
z •e «e •c �e �n �t �e ►t cn '
b b ��
i
I
cn at Pt �t cn cn cn ac at cn �� �
� ►o �o �o �c c7
I
Z �C /-C �C .0 �c �C �C ►e rt �(�
z
z z z ►ez z � � z x (c�
�
� �
z z � Kz zz z z z �c: '
� ,
a I
� ,
z z z ►< z z z z z z I c� c�
C � M
Ti
Z Z � ►C Z 2 Z � Z z I(') \OC �
O � � I'
\�
Z Z Z ►C Z Z' Z 'z Z Z I{� � �
3 v�
�.f'
I
-- I
1 —_ ___-----__---- -- ------------ -----_ .
_ _-- ----- ----------- I
�
.
�
N (� CJ�
� O rD
g n
'� fT
N 1�: N N N N N N N N fV I-a ►1 M'�
• . . . • • • . e • •
N � r r `+. � r �r �. r� r
O �D OD v C� V+ t� W iV �- H fD '
r� 7 1�
y � �
c�ov "o C < �v o z 3 �c � ^ � ►- o r m �v ro r� o o m t� � o �- •v � a c� o ro H < .-3
� o n a �o � � o c c o h+, o � n �o � c a � ., v � � v ►� ►+ c � � v t� �-+ r� w
5 � �. r. n r�av � m cr g o n � ?ov S v� c � ro � ro c� �o a � µ ro c ro �e p c
�p h+, t o rD < W I �D � 5 ►t r-� �p �p o � n �-- a � 0 9 m h G. < r� r �S n 3 z f� �-
�--- � m o •, w � v c �. r� a. c n o w w c re ro o � o� � m a. �- � w r�
ro n R m n ,�. .c 9 � n y r� n. d r- � n a � n � o w rt n R r� N. � ,� H �9-. o ro
n O f0 � � f0 N O . A 'C7 rs r• rr.OG � r� (D O � rt � f9 Oq fD a � f9 r+. y
� c a+ w . y �-„ �v r� w � � c, �o 0 o w g a �„ w a o, aa ov �n � t� c co -
�� n � �-. n w m w ro n n oa n r. n � r� o �s w n o m m . oo v cn �
v, o r- � ,.. �, n h �- �o rt r� m M cu m a cr n � n ►n r� o �; n b
(D � �• �p o o n 7� r y � n p� �v � � m �t f� o fD � C ►n m m �--� tn a• w
+ I rt � 7 f) N G C �C 'C h�+� C Cl rt tn t+ fD O fD ►1 7 1 �A Q `�C � 2 N �'t
t7 7 O I O OQ . v� tn 0� rt Cl fD r�Z7 O f+. p� H+ M W . TJ fD rt 7 O. fJ� F-� n
rr ►s o �-„�o g w tD �D w n r> tD e c n o /0 w n ►t a m y
�o o n � .� 6 ��v m a y � cp � o w n r� � v 9 m o � a� o n oa a ,-�
7 �-n N O C F� �+ v y tA R rS r* 'C W v C fD (D �4 µ hr, rn M �p O f0 H fD �
� r� �. � �, � ro o� rn o c y � o R � � n � ►-- rt r� o ►-oa < c <
r� r+ 7 F+. w r� rt �G O n � G �• < m �D O � rt O 0. �p n •t w G tp �7 ►d. �7
�A f� O n rt � OC ►S W fD tA O � (D 0. .s r� W a C �"t �-t OQ fD � r-� � rD
►+ �-- a �e • ►+ v a �o � o �n n n a � c� a �r r.. w o o .•- w
O �D C W A O rt n CL f+ W D G' G� �C 0,� fp '� 00 pi fD O + 'p Z O �`
rt f� C t-+ F� tn 'C C fD fD �-n 7 r* I C G� ►Y A �t �' C � 9 7 C9.
n r+. c �o n t G. o r„ n r��c w � w w � n �e �' r� m m ro c' to
N fD 7 O � �^t F+ � fD ►t O �' O rs f-' O fD � O O O A Oq 7 � 5
E 'S C � O C. � 7 G Oo C O w w b a rt C rs
�g• � � O ►�•. m :� c r. � a a� �, r� i n � w � r- n o � �n �
9 � w o � � rRe 9 � 7 < a c�n `� n � v �e � � oc r� C n n m t� a�
►s ro o b ro n �r m ro n cn �
r� o *s r � c v r� c m . �n o � o ro n �o n o 9 w
� a� r� r o n � � n n � n c� n h, o o � � �o � � �v a tl
oa �.- � R a �e r� r� o s c c� c �- n sv w n � . � R r+ n � � a
�+ r�oc o � n a ro re R r� c o � n a r. � �o r* n r� co w .. o
n r+, fD n lD n h �'- G w � p r- a v� R� rr r* N r1 fD v r 0� rt 3 U7
� m a� n� �o a, v n rov o a �.. � n �e n n n-� � ►+ o ac R
c � �* � o � n m �. a. •s o r� ro �- o � w r� . m w � �n �n �
� w r� r� �G r � G O W � O Ov W n A� G. C. .- O � � h+� � rt �r
�- o m o oa n a �-oo � ro � �v �n �e ►.� ►s � a� a a �
�. o w m ro a� m c v� � a o n n a c � � a� r�
r* m m o C v n � �v . h o n to S O m `�C an n ao � r �.
� � o � � w c w r� c w n c m � o ►+ �o ro � a� w c �n o
A r� � h- M o � n r-� n y n r� p Oo g fD m a O �
r/1 C9 F+� G� 07 G. 'C ".y OQ 't7 Cl (p R fD F+OC 1--� � C M Y+ � C �' N
C r y � rS r� o o a LL fD a p r� o a w r�G n D n w.
A C R + r� 7 fA O 'i7 0� f3. n � O m A �-+ C� w QQ O m
? � F+ r* OG tD rr C fD rn S rn.. C rt C� `�C O �"S Vi 4� 8
O �++ d m tn �S rp O O � O V� C r* r n rr G� �p
0� 7 �'7 C . p� 'C M ►S w �S G. Y+� G. �-n S tD lA F-�
tn + W Fr O R O p' n U� �p O . . •
-r'* �D M v� C q C � n w !D
a ? • A O a O � �
fD fC tl. fD R rt p � n rt W r+� t-+ A .E A
� r'S � C fD �p 7i ? F-+ R Ul � F-�•. r. F�+• �
� (A 'J' 7 f0 0 .. rr. p) rr �,
� � �D n O n n rr 7 e-r
r m C� rr � a �
/�^ V v• �
�
�/ �/ �
� � � � � �V ��"V � � �
�..... �v �c �v ►o ►o l c�n o �
�
�
I �
.e cn cn v� v� �e .t �e v� �e �
�v ro �o ro .d y
«C tJ� Gn t!� c/� ►! �C .G tJ� K ��
�c �c ro �v ro
z v� �n �n cn ►t ►< .t cn .< I�
b ro ro �o �s, C ,
rc .a .e �e .� .e ►� � v� �e
'ti �z
.e �e �t •e .e �e •� •� �n •� I c�
b �
* v�
►< •e z z z K •e .< <„ ,.� I c�
b
� � �
a
►t .0 ►,C K ►C ►< ►C �C CJ� �C y
ro A C'�
7F � � M
"C
�e •< -t .t ►a •< .e .� cn .� r w
,� (c� �oa
* o ��`c �
��
►e •� .� �e z •< .e .e cn .� a �
. � * I� ��
�.�
_�—
� �
t/� ��
� � U� Ya Y� ?" � fl� e°�" �" V� fA Cn I
G.� �
�+ OI t/a
�; � � � �. � � � �. � � �
� �
� �
� � �� � �. � � � � � � � z
�, �
�
v (n
U� '�+ '�+ Y+ '" i/> >+ �" t!� aZ Z I
LYr R.1 �r � II
/ C�I '�n+ Y^ 'ia ?�+ C!a �+ 9+ Na 7.. '2. �
� I
U, � >+ ?� >+ � �+ >+ � � Z
I N
aG eai� car� cyia c�n v�i >+ �+ c�n c°n z
� ;
x� v�i vai v�i a� c�n ay a� c°n� can z
�
�
x� v�"a c�n v�"i a• � a� a+ aa can z
a�
�n v�
� z a� can c��a v�a a� vaa �+ a• r.an v�i c�n
�
�
�
� � C C w �p v� �
_ ad �J � ,� p ,-� p O � R1
' 7 G p C�! tA L y tA � 'C CO r�i L i
'"a .� C +r �+�+ w k C! O iC y �6 '^� O CJ 7
►+ •-� +� O O CJ 41 L • E Ol a.� • 'O tr .-� v�
o� co �v c w � s� o �v o �v c � a �a
� v tA w ro > C� F+ > OJ t0 a! � C) i
� CA � L .� C7 N 7 C GJ +� O G CJ +� .-1 Cl� G+ .Y �
,r v a � ro ,� �+ cr co � L �a v +.+ a m .n u .-, ce >, �
v � w � u u� �n � L ,a cn o � �n ro
c�o b 7 .0 c0 ,-i w c0 8 Gl w � G7 a � a� v� ct� ,� i
C � U tA y .a .-+ w+ O O al i+ a� O c� u b8 m a� L +.+ U
O �+ --1 u Le � ,� O O S�+ Gl w ta GJ ,� W G OJ fr QJ O
�a a,+ � ^�-I cD a.+ �t V w o ro co a cC c0 Cs. w U �.�1 > c) �+ w Jr
L ,� r� .� .� u �a - v d v a �v ,� �o �
7 6 � 6 �, cu w m p �+ s� w s. s. N m .G � �+ .-+ .0 uo -
L fr L a G! O C �+ •-r c0 Q � tp �0 O '►� u O RI d L � '-i
+� � Cl � � B �++ � b0'� O 7 O ,i V! O 3.� > ,-� Vl Rf
a.+ c!) G. a 7 C C C � —I Cl G' N -� G1. 3 W � GJ rl $ p +a
�7 W U <-+ sa y •�� 7 efl �L W fA �A .� W W fs! .0 �+-� 7.r c+ �
C C� fA '''� U O U v1 C .G L � L 7 L L+ L � y GJ
�-+ � d ,� w �a .-, ..., oc � >, o �., a o o L N L L ,
W 60 ^t � •� 'C G C G1 O CO C GJ 6 � tA p� R1 Cl
..7 � eC tC GJ C3. �C +� v) C t� L O G �0 .� L+ tn t0 ir c9 W tA E G
—� d C •-� � y •-� v� +i L .,i u y .� GA � R. G O 0! 1r f.+ p '
�v z >, - o � - c � v �v eo o -v a�n � d a°. w � � c a�i L v '
°� 0 3.� �--� �..+ c0 1� tn cC v —1 � c 'fl --+ 7 G 'C
o sti u —� 7 eo 3 .� ,-� 6� .-i ,a aJ � e�f 5 Z u ,r y ++ >, �.+ I
C E+ Vl C N '+'� •i C '� � U y L U 'O T! �0 �9 W �0 i+ R1 •
d � Vi O GJ c0 U .0 y a.+ C 7 �.1 i.+ C � +a +�1 'C W W ►+ ia O O G7 .-a
�v c H d � w > u t •� ,a ,� > ,� �.+ � > u c U .a o o w 3 d
-� o �-�+ u +� u �o u �-+ � u y �n 3 u o 3 v o m co � C v .a ,� � u w >
�a .,a F+ u � a� Y+ eo w u +� c� ^� c � • c w a a AG bp� v� � O cti �
a w v� ro L �, 8 � c �.�+ G N ca .� a �o co ,� a. w s o a c ++ • +-+ � u�, w r�
x � z ,a o .c o •,e v °� � v v v • cn H •,� >, o o • o +� ao
�-+ . �, u o � ,.� � -v a s� s� L L ,� s� ,� �, �o ^, r� �n w w ..� s �n w o
'� �r, ca owa ,� c - � z � �000a �aoo x 5'� ,�, o +� c .. -+
6 OG � c0 O1 .-1 u d u C �-1 u C �"r �A C U Rf �++ •i OJ 0� C b �
v� v ,� v a � a e o �n N s� u w u o a �-, �. � � v o �c � c
+� .-� w G Cp O eC i-+ 0. p V� � O L �0 7 O a� �0 C '� � .� O ++ 4+ '►� C cC �
L� q� i!� �rl � � r1 I.+ U +�1 L L+ L O 7 N O 7 tU � � C� Cl U C3. 00 +� �O 6 W
Rf +� � .-� �+ O ++ CJ � 7 cJ O F +.+ ^i .G G u � � C N U � d t C w c3 L O I
y U cti .-a U C t+ C' .N Z m W O � W O CO � E+ +� c0 a O •� Ol v) L� . i
s� � o � � cr v w w v y � a a s� v co �n w �
� � OC � u t0 7 CO W �0 �+�+ � 'C v) f.� .��p W H �d .0 Z W 3�+ '-1 �C »i .O 07 O i
-� o � c :.a �v eo a c m � c �n � cs � H o �+ u v u � �v -� m
� � �o v a v c a c �+ o co o L c cv o +� c a m E.+ w o a� s. �, �n .,, c�
G! O � 'C +� 'L +i u +i Vl ..� L+ V ,-I ia U +�1 tA ►] r-� eC R{ CJ �D > � �.
.� :.� w � �*+ s E L .c ro s :� �n ao � �e v, bo � a d � e e u e v �v o e j
� U CJ fA a+ O t� �i u 1r > GJ ir L y S.r �+ y G7 �Y. L+ Yr GJ E a co E cC
�C QJ U GA OJ •r� O O +i 41 •r� O W fA W L �d CA W L �0 .G C/) � W N Ri W L O CA O 41 Q
F a Q' .. L � ir L 3 L+ � w G � O N a� O y a u .i E-+ o. �. cr, p �+ c,� .�. cY. x -i
.�a a I
s � U �
y .� cv r� �, cV � .. :v �"� �7 �1
C ."�. t�1 l'1 f''t fr1 �7 �7 �7 OG •� ••r •� .�r r
Q � • o • V' • • • s s
.,, �. N e.; ::, � N N � a r, r, � � r, �
� a
� e �
ao �
y U M �
r� i
I
�� �� �
! �
� I
I
_ �
------------ -------------- --._._. ------------- -
�-- —
�--���-_
I �
.c r-. �
i a�o � 40 � a� � �+ �+ � ay �+
U� � ,� .
CJ N C1L .� u
�� U � � . >+ ?� }� �+ y+ ''+ )'+ �+
w O v u "�
�
0 U U � ^-�pi Ey '+ Y+ i+ '+ � '+ '+ Y
ai V 'C `p
�
�
U( � "� +-+ �+ �+ 7,+ ?+ i� �+ �+ 7+
�+ ; �, u �
� E � O t�i�
j � B
L_.. , J I a E� pp � Y� ?+ ?, ?� �+ �+ Y� �+
u L
J( fs ,-�i p, �
a a� a� a� a� a� a� a� ai
a
U
� .
ca� a w a a x a o. a, a w
a ;n �n v� cn ¢ >. cn a� cn c� va cn a•
s'�..I a. w a z .
cn t!> >+ cJ) d �+ >+ Y� Y� ?+ � Y+ '+
a
d
� a( v�i � aa v�i o �• a� a� a• a� � a� a�
a� E.
m �
aG a4� � c�l> >+ Va] F �+ �+ �+ �+ >+ � �+ i+
�
c�
� � w .. Z .�.
� .-I O 3l ^J �-+ �+ v1 p
sa ,C ,G .-� ..� .,
,� - I � u b0
� a e°Jo L c .a c L °' � L .� u .. s� �
u cn �+ co E o d o � � ++
'w ' E+ '-� G O f.�+ u F+ i �.+ v' C y •-a b.i �; y,a L 00 O
y O G �-1
U w
� � O ++ W U Z U U v U' � a ed ^ � � M
OL f.+ �y W 07 W 41 G1 C 7 .0 r1 v1 QJ •� �0 �—�1 C
�F Cl� � � V� � G C� �A CJ �i �p Z .� tn '� 4! rl rl
G' •7 ri F+ 7 L
^� r-+ L+ +� O G GJ L Cn CJ 4+ ��C fI1 W +� r�
� A o > o v a ,., w v o eo o v a 3 • ,�-� c� p � 'c �
O 'G 4! GJ l9 '3'i C!� W pQ+1 � rl V1 L � C .i .O
O n7 ir �+ L+ .i y �/ W O U TJ U t0 W R! �0
�: ��-+ �0 C d a O Vi � sr �.�7 pp �� G GL G G! R G! O T1 G.
Ey C +� u 3 ..7 CO G � G a �+ +i �, p y u G C +i w
C +�+ d C .-1 G1 �p E � t+ Rt +� .G 7 �.-1 u O
Z O 6 t0 p •-� � Cl 'C � '� G ,i a a•. .� u 7 ++ O C
; w ,i e w � .-� ,�-.+ a� c x � .� c �c --� a � w c s+ s. ,.� 3
�o o �o ,-� o � .� �o • o� � e+o o w a
� _ � o � 3 a o � c L c� o � �n co. v c� � u w v e a�
� � w s01. y o y � v v� m �-• � �. � � ,� m . ►. .c v a� v > ..
� c a c� v ro u �o �n o � v� ,-+
x u w m ca m v v w ,., .-i a - m s+ a y .. � � c�.c � �
-a F�+ Z �.�,, � ,� bD E s s. F a
W C!] r� C 'C7 i.. L L H G1 G � .-� O �E •-1 O � � Cl t11 cC L L �
+� ►-+ L +i �0 G� a.� G.'� W ~ y� ,,,0� ,,,�� 0 L 6 O ,-1 Rf � cC GQ CO i�+ p
� O O �+ +� � C �+
'" � W w G tA 7 � tA cC E W I� 7 �0 L.U . U G U �+ v C 0J +��1 e0 w O u
01 .a N O Gl G [ +� i+ G. w u 1a w OJ pp 1r O m w .-� L L �-�i G b W CUJ
�v C 6 � �+ �, ^ �+ �n v� w ,.� u O •n C O u 1� � G O ,-� +i t+ v�
m � F .a a' . y s• � -'� ''' '"� cn o ,,.� v� � ,a w � L+ c� co � c0 �v
o n. co o s� w m c v � � .-, �n � � w .c >, �, v v
� ,-�i W r<+ +" w �+ +a -� s �n - q �,-� pp y � �p � 7 �C o0 O .i C a
o .-� �n c v� w u � co,i 6 ro ,� d c a o c a w c E v v�
a�i � � w o o �-+ v ao c v s� w � u, o v u ro ,, m o o � v ..
¢x �n m eo 00� L c �+..� � ,�, c c� o v .o � �.+ rr� .c > �t e s.
W CJ i.+ .rCj L OJ c17 '^� O y. �ri L �r�l fA � 3.t �ni U Ql TJ 'i'� U •
� R1 U E C � ►.� s.+ �A .-i .-i L C O �A C! 7 U G7 C cn i+
O 'L7 a.i '� -.1 51 R1 u O G �C O C� .-� GJ U i.+ C .�C ,-t y
sL. ro o � w � m w �, o .-� O a.,� s� a, a G e o ++ -v v ++ eo �+ 6 v n�
a u �-zi � o � .c w o •*-� ca w c v o � ,-i � o +• a w c �a � s.
�n � o �v co � u � u w �n u a, ^v a � .-i w y a v „
`' c m o u v o L � -. v,
• � N fi .-�1 � U � � C � � H � C C bC0 C � 7 GJ pp U G L C OJ a� .1
� cwi� F ii ; � L v 6 o e a u .,i y .,., eo a.c � � w � .�-� c c�o � c ,r .�e
.� v a "' w .� a� �.., c n, z�, 6
� ..7 � „�.r ,� �A .-a � ,a 3 r�o � .�-i C � a.+ co 4�l m 8 C u y � � � � � u
U L+ +� CA � Ql !O W p1 +� rl C y Ol +1 C 01 L Ir y R1 L 'C 'C
F� � � a a� w � a .�o a�i > rn o O C 6 ra 8 � C� � cn E� v�vi a�. u m 3 ro cCa
- � x :�
s e m �
� ^+ N e"1 �? s] -� N t�"1 �7 v'1 �D � a0
G .0 .� .r r � r V .--� .-� ..w .-w � .� .-r .-i
O 0� • • • • • V • • • • • •
•i L+ U �t d �T .T �7 d u'� u'1 u'� �r1 v1 u'1 �f1 u1
u a
tJ� U .T I .
u1
�
L _:
� �
�.;_;;
�
c^ cn i
°a � �
z, r., I
� � � � � � o �
N N � N �— S � '
N �- "0 O �O fD
O 7 r
m •
w
r•- � rT r� y p� �U n r� x � C� 'v 'C rD r� f� < H �
On f9 �' � fD CT' (D O f0 rC n f� 0� r'I 7 7 O fD R�
r. � 9 � n � � r, n ►- �. n m � c ���'} �
.7 R PD F+ �A 'C C PD (O B F+ P'* G C� �"• I j I
O ? � O O � O Cn V� m C 0� rt � �0 O fD ; � �
n rS � rS 'C7 C3. M r9 C=7 pf tJ� tp �f � rt � g ,
S O �D C 0� C/� O O fD w h� G f+- 9 "" ..J
OQ ►S G. rS ''S 7 f1 i't ►S M F-�`C rt f0 PD + i
►i S O w H O R `E °t `C 0� � w 7 �-t
(p O y U� K rt 1�+ � � O A f� "C
p� O rp n v� rs O Q pq C G. M h+• 7 (p r� N
n n rP rr � e r� m o r► w C� ^S
- f0 �'. �"t r+• o r� ou ro rr ►�t �' I-+ � r rs
rt N tn f� C rn O �— � S w C
� rt n n ro rn a e t„ ro r. � � a� :d �
n a n R oo x r� n K �' c r� �o • ��
� c �v c ►+ n w � a� o � � � r� � e
a� n � n ►t w ro 04 m e ? �+ � w �o I
� � R o ro o ro c � �. o �o a v, w � �
� C < tn rt G. C tn 'C7 rt a0 f� F+ � t+ �A I
R r� �+ f9 1-� v fD ? A 'G p O �+
E n (p a w 0. R F�+ rS fD � C M OQ O � a i
o w ro � g c. 0 5 0 �v r�-• n re
� o a� a c o r� n r� m w � a
� co h � • � R R co � n v o n
�D �'+ C `�C.� R rt rt C rt w n rr w
6� 'C1 G ? �n n � ►9 fD fD W W b O � 0�
n �o w ro �c �-•m o m a �o a w < r� r►
m ►t fD W (D i^I M r� at fD o N f+ rq »
. W fn �UZ F-� CT � r! CS.
K "C � Q' �' fD �C O f'1 O' �D P! h-�
m c� o c �v w �s �t r� � � a o �
9 rr ►�-. r1 a .. g
_. O A o-� O d v� fD rn O 'G I--� �'* 9 rt '
i-n O 8 O p- < � f� ►1 �-n F-• 0. S fp w i
B w n r• r� O. R O O r� (D ►5 R �
. �* ar a� � a �o r r� a rt �e n n c
�' N fD c9 QG rD < � O �' fD OQ C F+ r► i
� w y E n � r�- w � � � v�i � � � o �
tn p� W r� O W O C1 ...�G A r� 7 i
�-' fn '47 fD W O O 71 F+ C G�
(D fD 1'n fD � 9 7 e F� � M'f 0� (A vl-� i
►�+� E � vWi � 7 m r�r C rt p t� O�ri
w h+ afG tn 1 rr � n ? � �
!-+ n M+ F+� rS I--� rt fD R. 7 F+
- S � � 0 fD �-n n t+ C d � •t �
•o o a ►� � a �o o � o � n c r�
(D r rt (D !D ►t - PD �n rS n f� N f� �
""t ? �'* rr rt � rr r� fD n D C
9. ro � a � °' -r� �, � °' n. R ^� �
n n �p E... G � I
1 � I I
H V
ro ►C sC `� I C�J] O C � I
N
fD
� � �
"yd ~C ►C ►C I y �
cn ►C ►C �G I�o
ro 3
cn ..e cn cn �a�
ro ro b o
�
w � o � "� Iz I
n n
n ry
O 'L7
Cy 9 � �G �G C� i
8 I;O
O fD � �/! I
M r't F+ ,
R �Ar. Pf r�, rt' I� � '
R' p� �D �
� F--� G � � I
C3. rt 9
Ol y 8 •C rC I n C� �
C � f++
F�-� ►R4 p ,�
(D F` �y I
f) A� �C .0 I n �p�q i
n K O � f9 I
� �
\ (7 �--q
� y ►C ►< {� OVD � � �
� �� I 3 d v � �
fD fn i �
��
Ili
_.. li
I
. ..------ ---- � ----------._ .
----��----------------
l--
�c:�
a+ oe � w o0 oe oo I r
e • • s e • . • F+
N N N r-� .-� �-+ ►� �
N �--' (v N � fD
(�, 4� 't7 rr OQ C $ R Oo C O � tJ� 0.� G. O �D 9 O 9 Z
� w(c n v� r� w c n a� � o n � c v � �-- ►c r o
�-S n O fD rt n �'t O fD C � p O- M fD A �-' Ctf r" R
I 'C 7�I f9 tn m S 7�' � vf Cf C+7 I ►Y r� rt P-� l9
1...�_.., p"t F+� Ql N 1+ fA Of r O W W 7 al O O � C� ••
o � w n o cu O �v oa n Ov r* vr �v ►� O
G OQ p� �-n D S CT' M � "C fD fD ►�S 1+ �p fD r-i
F+•. C 1— G. (D . C 1-+ G. � ►1 (D O O 0. M Z � C�
a r, o n o �: a� o � �v � w c� m o
a. a o n � b � ' � n z n ►n a ro o� o- r* x g �
O n fD O n y 3 tD 7 � + rC+� O H rAi �
W N n 4� C r1 0.> rt N C Cn OC .G 00 rt 1+ F- 7 a 9 rt
7 �'1 f� 0.7 M n z
0� O � O�i C w O � p�i C z O�p f�0 0]C 'O � Rt ,9 C pWi
C n f� �'t � rr A r'S
p' t-� 1+ fD OR F-+ � fD �9 i'Ct f0 C S �"t � fD C7 117 �
fn Lf C 7 fA 'C C � Ul ;t Of � I�+ O n C/] CJ� C
fD ►t O. n p� .� a. n C7 rt �^t C A �
R < O C r- a < � C w � � � � � �
�.. r. a R �.oa a n m 9 c� n � m
o n. r� � aa r. � a � w w c a
y c. � o�a �- < a � o°a � zs v a � R r�o
o m ro
:.' s �„ �o o � �++ � cyn °R, � c o °' o
� � O � O 9 � O � R n � �? fD '.fD7 R
Rt CJ� O W (D G O 01 S R M: (p + R ►d
7 rt '"S O 7 tn rt ►t W Ol O f� i+ �p
a c� ro n n rc �o � n R n �c �
w 9 � � 8 w r. � cu � O R O �D
• oa �eoortm �000 R � o 'a �e Rro
v+ ►, m ►„ nm wr„.. ar� c „ a
. cu �o o �o 0 0 0 � � � ro x
n �p O v� N n rD � O n m f9 trtD n � H
�n e �e .o ►+ a < <e v, co a � � �
. w R �o �, o�n R °n �p .a a R n o �
� (D k n n � x c C �` W C � c
- 0. F+ fD F+ f9 dF++ m
cn w � a� n �. � a�i nR. a �
"C R r+ M R R tD � F+• O y�r. �+
C!� O w (D R p� O 1+ 00 r R O a, m
oo°a Rwa000 ��o o ,.. �r
O N
'� M- Ol h�t' �D "� I'f 1�1
i-n V� O A ►++ tn R N ["
__ oo �-t M � � vi ►t O F..
R C C'S7 r* C �'n �
l�D f I fD r� �D I � �
(D (D fD !A C/�
R W R �
M
ro •e z cn .t c� n
b z R
� m
cn .e K ►� �e c� x
b A7 f�
� � tD
't7
R
� � � K K n
� � �
�
� "'� �C GA �'i C� ~
'ti �c+ oe a
� w
A
cn ►a z ro �e c� � .
� �
y c,
CA �C CJ� CA rC A �
y � ro �
o b
cn .e cn .� �e c� �y
� "� 3
9
�'.
�..
��.
I
�
I°� o ro
g r.
'p R
o� o� o� o� o� v+ o� o+ v� o� v� C� o� o� C� C� O M ►'
• e o u o 0 o s e s s s �f � �
N V�: F�9 PV N fV hl r. �.. � r.. r ►� r e�. �aJ S 7
G� M b� W N �' 00 V O� V9 d� W N �"' A 7 l�
C�3 p� •
v w w � m Om Or* O �- CO C n C ►*+ E O � c�fw � a� rom ^ 3 �f �s o �e c < ►? �
� a c a .c h„.c �-" o �„ �o ►+, �-n s� r— � •s �. �+, w a � a h M • v, ro r� c� �o r�n cn � a —�,
n o � c c �+, c h„ r� «,: < r,: �„ < ro � o n �„ a�v � < � o �o a. � d � � � � � I
� C � 0� m �` 6u ►�` 4� �` �o r� � tn � !D g S r+� p r-+ � cD S rr, E cD r� p� i-+ �s v� C: �
fp ' O. �-S r� f! rS A F� f) r� A f� t" W �S n rt O C �-i t-� fD W f� � W �-+ O R
� rr r+� fD fD f0 PD tD f9 fD fD O r+� rt D tD CL rt n tn n � p� A c9 n H
e-r � � r� tn O �-r, ro rn � S O � r� r� tD m ? ►�+� � fD tn W H �
0.� O OQ i-n i-n ►+� M tn 1- F-� � 3 r� C � O t� fD � U� f� F+- � . . n 7 [!7 fD �
OQ M (D (D w fD F+ 'C O O O ts1 fD V� C� M r� 7 Oq Ia R O M (D N 00 C7 ^s
ro c � ro � � � e � o � � � a ��v w e R � c � �c a n R � �o
M N rt aT n o � �t w m �3 a M � B r� °v op n cu r v �o n �o a� o `•. m
t E n � •• ,� �* �o ro co w n m ►t .• � r m • � �o � �f o� '�
°+ o a o o � 0 7 �o �o r� v� a� � �n � oo �. . n ,�, R a a. a ►� ►- R �
o �+, r+, w �„ r� o � a a y cn f-. c o � � �u an co ..- w r� �o � I
•n � ", � � n �„ 9 a� o �»+ n .� R a � rs a.. �-• n e a. c� � w �
�- o �n �„ � �„ s s v o o z o c� m m � r� ►� o �c . . ro co ra � • I
O p� n r� r t-� w w tD a � C ►t w n � �C � �-► 7 C �- F� < C
O �-S O O O O O O h� '7 � W rt O� e pp h+� M N. ¢t T7 I�+• O fp C F+ C7
�-6 fD O O O a O � 1-• 9 N C� 70 6� rr C A D C n CT V� � 'p F-� Cn v� O ,
y �-n M �-S f9 'f �D �n r� D C C�- O M r� O O � f-' f9 O �G < H O C+7 f�+� �
0� �-n O A R � (n V� B rt fD 0.� M �1 » rr m �'t n t9 fD 'C C!� O
�s o w m w � a� n re o R R o-- � � � �+, w a� � v� o � � re �
fD O n "'S rt O '1 O B � rn rt � OC - F'� O n � � R r� R R fD n
w �o � � �e 9 ro � o �v a �- � r� �o m m n n o 0o G o o� 9 d a n
w w w �v m v ►+, w o � m � to S e � n �* �o r* �- �
O f� 6� N � t+� O r* r* C� ►1 tA (D 'G m S�G rt 7 � � R�
f) O � �+ Q 7 ►+� 7 n 1�+� � M rt a f9 O O ►7 O f0 r� R 0.t m � �
n � �'' � C �G a �C � (0 e..s 0� f3.'C C) M tn rt N A O R C
C T1 r'* R fD G� Gl O fD R � h� "'I �' G m O' N N y C
v m � w � w s �* < W a �o n� a� �o R r� o c oa � rt a�
w 7 O O _G� 0� i-n �+ � � fD < F+� m n 'C r+� A N �n rt fD 0. tD
�D �G C Cr O 09 Q' Vl F� � W fD �"' fD V� � F+� ? ►S O tD W >'�+ B N W � �
O. r* R G O y �"4 a'+ a O C O � E b'` � � �"'t �"''
� g r o o c� � �++ o •� �+ a �n a. � n o a a m �
C �N � ►-� 9 O i-+ O rs B n � �n r� w w G PD rt rt � O
�C �G h+� C3. O rS C R CT tD � O �-ri CT R 7 A CT fD � v
8 t+ ►�1 fD t+ 0.� C � W O �+- C h+ fD n C � W A
O O �+ D f9 D 9 ►�s r� n � ►�s fa R G V� F+ K O�i O' O I
rn n rt OQ n OC o fD r fD w fD � O h+� C G° 0
rn n rt ? ►t W 0. p .. p . p � � R C� "O
�+ C 0� � A� A r• 7 7 0 0 �p o r
ta �p VJ 07 � b+� � � �'9 °C7 N rt tD � r's �C
fD �G � n D QG W O O M fD �t O I
tn r* � S n rr. � O r� F+. rt �
e O O N» 0� 0.7 O !A SU �-n C .7 Cn F+� i
r•t O � A R r0 'C �-' fD F+� T7 R� (D n
rr V+ O Cl A .s r— rt- fD Oo f� fD S
r* ? O � � C C �D tn O � � �D n i
� fD Q O � µ � fD �S. g t+ b�+ F+ ,
oaco s n � °a � a
o w w to r+ w ►+� r� �
n n w r � ,
QQ 91 fD o V
s
� � i
� I
i,
Z Z ►t Z � ►G 2' Z Z Z Z Z ►G Z 2 �� I
z ►�C ►G Z K Z Z ►C ►C Z ►C ►C �C K rC I n
G�i) I
Z 2 Z Z Z Z Z Z Z Z Z z 2 Z Z �� '
�
�' ►G rC ►C .G 2 ►C .0 �►C Z ►C �C ►C ►C ►E I�
�
a '
�
z ►e ►e •e .� •c K � �e .� .a •e •< �e � � �
I� M i
"0
A G
'C rC 'C ►E ►� rC ►C rC �C ►C rC rC �C r� rC f7 �OC
C �o �
�n
o-C .0 .0 ►t �G �-C �-C rC •G K ►C ►G � .! rC �� OVe I
„`� v �O
I
I
!'�
1
� ��
I
I
�
� _____. __._—_'__...___.
- __. - _._____— .____... '__'________-_ ..
- _ —__—'—"_ "___ . .
_ _____—__—.'___'._'—____'—___—_ .
�
---�-�>-�-'
V C9 �
O (D
9 n
�+ � � v � .� � v � vv v � v vv �a v � .� � �
. . . . . . . . . . . . . . . . . . . "C ►s r+.
W W W N N N N N N N �- � � � �- � r. r... r f.. � � �
N ►�' C+ M l� W N ►�' O �D 00 V C� V+ l� W N �' CA fD �
o � r
z � -
�'. 'v tn 0� cn C7 7C O Z c7 < � 3 'C �C7 �+] 9 � �v H v' N bD 7d H r* O G. �+ oo A �S! 9 r+-
; fD c0 �'1 fD C=7 fD �-n (0 0 0 o fD n S C fD fD �' 't . . pt (D 47 � p o 0� f0 o C+7 r cCD �
� _ 'y ►1 �D rt C 7 �"'++ E H f� rt 0. ►+ O O D 'O O 0� 7 N r+� fD � C W 8 �o v'
< w < t�f � w m 9 R� I r+� 7 rr t0 n 0� rt < E fD � ►-+ F-+ n fD O C T7 3 be C� �-
r� r� �. r ro � �+o �o �* �+o � � o n . r� o �e r� x . o a � a n ,... ,.., C o �c
m n �p A p � fD 0.1 ►t F+ r� p7 r� n Oo r1 0�4 ►-� rt rt (D ■t M+ fD fD n `�C `< H v� g
n �D �p tD "q . b n O p r 3 O r r� �y � fD A V� � � r�C H r�+ B �.
N � M 01 3 O fD F+� 7 rn OQ �p !p O Ot p� rt rt R R �p pq 0�
C Cs7 ? �-n M C7 W F+� A 'C 'O 7 ►�n�p OQ G. 7 ID 0� 0. �"S .s f0 Q R1 1E+� C7 CrJ �"'t v
E-+ E tD E Z O 1-� �+ rt F-� p+. p� rt ? fD rt 0� O. r+ r� f+ fD � ►S ►-' r* C/� A
Fw K N F+ �-3 R� G G. h+� 7 ►t 0.� 7' r� � F+ F+ h+ tD (0 f� 9 O S K7 GA 1+ 0�
On R rt t� ry fD r�TJ r* Cf � OQ �-' I-+ O f� A G R m R r+� � 0. D C!J 4� ►t
7' S w S c!a C. R v� .� M n r� v O C �t fD W w an �• af M ►T • O 7d C!� � rt
B � H F+ f9 n �+ N ? n �t O � m.� 1 C C W 9 fD fD �C 'C y [TJ
co `.• r- � 9 o n ►t a r� O � �-n rD cD C �'+ � � m a� �• o" re O :0 7d t�
o v+ r� �D z ou r� r-� R a o �+, ro � �t r��v o �-. tp ar ao � w n z < cD .
R O m 0� d D c r+� r� r- o �v f0 0 < � s o w fp �D m � r-� M tu a f-+ e
oo- � a omco � n n .aF-. �-�. w � ma � � cm � c Rr c� �. c9
� x �nn novov �n o c an c �. n c ,, rn � c cu �o �•.
O fD r* C7 W r+�. O O 0. t+ fD rt •� F+� �^I I � D � rt D C� r+. 8
►t a D' C/� S Oo O rt C C 'C7 W fn 0� C1 A U� V� fD a I�+� 00 OD O
R w o o a �c R n � �c � o n � ro � n o m c � �
8 � G c r� I n ro �v r- n E n m o n r+ �e oa � d cn .�
o m w c � �v �- o �- o m co � m < o � r+ n
n ... �o oc � w a� o �+ r. � o � � ►�. R o �c �v a z ,.,.
� �+ � ro r� R R o a� r- m n � ro K n o n r. t�
� � a � �'► r►� o � C Oct (D r to fD n G. tn rw-•
tA O �-- n ? C l9 y '1 A G. fD A7 M b R Q. 7�' t� C!�
C V� �' � .'f. R R fD fD W � �
n n �n � n n � w w r�� c - � v�
Q� •G R7 OQ F+� < O � OC �G O 01 K C 'C F- [rJ fD
rt C �9 O tn µ O � I n � G. f� O 7�7 v�
fD R� r* � fD A F-� tA A O T Q f0 f'-' � 'C <
rS m �"'f fD 01 9 O n ►t F+� �"f < fD R 9 �-r
� � r� < m 0.� g r� �+ � O fD w tu fD A
fD rn a �j � ~ H n ffl (fl B I--� � rr � [s7
R fD Q' O F-� fD 7S" O C� O F+ F+� f�
� p� cD C rS � cD rt R 'v � O C
O n R � rt rr A n fD 9 00 � � C!�
M � O fD I-+ t-�QO p� � R 1+ f�+. � CJ�
�T M � R µ 07 � (D �"f G. IY fT
~ � -
O r - F' ff a O 7 f) � �G R S"� � � .
�* O �"1 O K A W 'C �p p, �
"� o � w R a� � M n m c -
� � � a`�i � �-.fDo o°a c r�e o�i n � `� n
� O A 5 w A~i � p C. V�i y W
i � M F+� fD 'S7 'C 7r K Vl 7J W H+
� � �G OQ M � a O
O � 00
- Pf
Z �C ZZZZ Z Z K � �G �G Z2x2 ^C ►C ►C ►�C If:
z
� .� � � � � � � .� Z � � � � � .� .� � .� � 1�
ro �
�
� ►� •e •e ►e •� .e z ►e �e K .� z z ►e z z .� ►e .e I c�
�
.e .c z z z •e ►e .e .a z •< ►� .� z re .< •e ,.� z �e �n
oe
^
►t �C x Z ►C ►C ►C �C .0 ►C Z ►C �C Z �G ►C .0 � 2 ►�C n �
IO h++
. .�
►e •� z z z z ►� �e ►e z z .< ►e cn ►e ►e �e z x z r w
� lo . c �
� n
•� .< z z .< .e .e ►C .< z z K .< v� •e .e .< z z z I{� � �
ro 3 v .�.
O
_ I
!Y �J
I
� � � �
o Q �
g n �
'ti �
00 00 0o w oc x o0 oc oc o0 0o x o0 oc o0 oc oo cn � �`
� • s • • e '� (D �
W W W W W N N "'- ►� r ►.. r r. �--� � .� r [" '^" � ..
l� W N a-s �.— O �O 00 V � l!� � W iV � � �
N � �m a cn a �p a v cn v cn r� o cn r a� � � �* m �+ o �o ►� 9 0• �v r* �v ►�f c� m c� � ro x < y
n w m o � �- c� �* �o rt � �n n� n� c w w s c �v r+ .c c �c �o m n� �s o ro a, o o �: � � '
�t m � O n r� M C �t � C ►�+ � F� r� n � tD �v O S C .� v < n � fD o � �,,,, < �,9 73o c� �
�. ro � a v n � r� o w �o �- �0 9 a �o
f�D r�-� a�o v�i o N re f�D (D � � n a � n �- r n h v w n h N r�. ti o f0 � r+ 2 0 �
a m w m m a� �n �n � � o w r� w a� � r� r� 3 n r� ro o0 o m w > > �e H H
w�e o a rp r� n n �C M � � '� n 7r � � n � C �'ov f9 c fD c ►- a r� H a � " �
� n c a s� n� E w E 3 ►+, a.� ro n �o �n w � a � . �o n v, c - �c E r� r � •
Oq O r4 � O' w � w [ji G n + `t . R n fD � f-+ ,. R 5 D t+. p '"'� i
r+� ■S �+ C Y-� R I-+ r► 2 M fD OC � E OC 0� . ., �-n r� O fD f� A r'► O A 'b
M fD 7 G O r+� � r� ? H > > R� C� 'O O' ? �*+ O h+� Ci O .G ■t I� O rt 0.� fD S '+7 � w ;
� �v a oo �. n an �n r� R n n w � r� � o ►� n � c � c � o � � �i
R y a. � r� n o a w o n o �+, n R � a o0 0 .j c� � R I
c C � O n~. n �N � � y C ►-• to rt � S 7' E y Oo •t 9 ►�+� n �S fv f- cu �e o �v 9 C
r� a ��v r� �o �e � �n a � o ►+. � n� r� . o �v co � � m c �* � - o � � o � w I
� c � a o a g � � z � o w . � w n o �o a� �o w n asa a n r v � •
ro � � n oa R R o n c . �„ �n r-� a n u� �. a R �+, e-r � w r� � a� d cn <
9 rr O m .. y rr C m E PD . fD aa v� C G 'C O rn m rt p� fD rt � . t�+� c� . �
fD flf '.7 R F+ O 7' � R (O 'C W E'. ''S .7 "S �'S O (D E O F+ '� Vl O
� G. w r+ rS W C 0 .G 'C � n O f9 � � d f9 fD O G. r�. tn rn � t-' [�7 r� 9
n a c � c� n � cn c � �- �e o � c w a • a � � �c �, ov r� .c o 9
V� C f� OQ B � B O t+� r� 'C 'G < �S f� cA G W 1- rr 0. N fD f!� C O fD
►1 rt 'C � O N rr 'C (D W r+� fD �e ? a' n 0� E on F+� fD tD 'U � W H � I
F+� I-� � �' O 0. rt 7 9 m 't7 A r. F+. ff fD f+ fD n � b fD 7 9 �C
f9 fD fD Q7 R 01 � (D tA R M N d Q7 �"1 Q' Q Z .� �''
° � °' � w � fD o ., � w n � ��v �n oa a, �- e n re n a� o c t� �
GA h+� 't �"f R U7 O R � `C y O � y O 7 f� r� a 9 v OQ fD �7 H
n O 7 U! `�C 0. C �n C W e rr O ►'S O fD 0� M fD r'* 7' < [i7 �
rt 7 'C '!7 C3. iU .G y � �9 O O O S t+W f9 O 7 O rf (D 2 �
�+ I w rD r� fD n C r+� n..a r,, � Oq 7� O � n p M rr Q ►-� y �
0 o n n v, � �o w � c w .s � g a� o w o 0 9
a b n a v � n � � w � n w e � � o � m � � �c r !
C3, tn o-� O R n �
n o R p~i n � � q b 3 m m ? � C� C � O O 0� fD C I
O Q� C R �e,' �D fD M � �C fD M+v F+^ R "� :3 � U) �"4 .� CJ�
e R R fD Y-� R fD fd) F-� :3 N P7 C1 "Ly 'L7 '�U C fD 'C a rt C=7
r•. a a o �e � r� � c� �+, � � �* �- � w n w cn
a O rr, O r► fD O (D �'^ r� f+ fD "�7 O r� � I
OC O E °"� � r' R � � � � `G �'' C `G 9�
� W � rµt rn ►�+� � G� £ r� f9 f� .. O f) � � I
O O T t� C r' C�i 3 � � o-O�n � � � � -R� G
C E G. r� O �n A
rt F+ C � O o� � A� ^'S f9 � C O . fPa ►1 U� i
� r, � ,y p � y n � w- G. n .
,,. � . �. w o cn � v rt a a v� v,
�, o� *a � c m �a a � �* � w
�n � o c � w ; a � oa n � c m ��
c 9 n ►~-� � � � a"� �' � o j{
�-.. m t `e p� � J
n c�o �
n � '
ry
R i
0 I
°�.. u'C `Z � z �. z � �"�. Z P"C � ►C z ►C I Z I
.0 ►�C ►G ►G K ►C ►�G ►C �C ►C �G � �G ►e ►�C I� '
�
sC ►C •G �C ►C �C ►C rG Z Z Z Z Z 2 �E �� i
I
.0 ►C �G •C Z Z .0 �C �C �C ►C �C ►C �C ►C �� I�
�
9
y i
Z �C Z �C 2 Z Z Z Z 2 Z 2 Z Z ►C I�% �
O ►n
'�
� � I
Z Z Z 2 Z 2 Z Z Z 2 Z Z Z B Z � �� �
O `�
Z Z Z Z 2 Z Z Z Z Z Z 2 Z Z 2 In � ,
3 v •--
�
1
Ili
__ I
__- ------- ------ _�--- --------- --- ------- __ .
�
_ `j
�.
hr � �D
A cn
� � • � A
r r- r �. �O �O �O �O � r+
►� r � f�D O
"" "' "' � O O O O f� • . . e �O �D �C
. . • O • . s � t�
N r ~ O �,~j ~ n,~.. � O� l!t A � �,~j (~�t � °_ f,y„i � '�
y'0 N 2 7 1�
� � � �
n ryD o�i O 3C�+� � � � � � � �v n � OOC no' o' H � � 7o n. 9 �v 9 < y
� rt 9 n c � a a < E c � 9 n r��. o n rt < � B m � e A �' v � �
< 'n c c, � � c o �. �• v� 3 r r� < c ro c� �o �c n n r� o �3 0 �c
C r� fp ►�t r+ H n n rCy fD � rt r+ � rD 'U n � K ►Y � ►-� � r+ C
..__._ n fAD v�i < y H �j H 7C . I vi f0 O W O t+ �n C O a
Gn . fD h- lTJ i O W rt � G H [r! �+ ►T rr OC C tn p ►1 'C O H � 9 �-.
� �' a� v 70 � n ro w a�, v � c � °, o re a�i R � n. o
a R � r�'-� � o a � � o � � o y � '� �z' �` ° � M °i o ^ a y C z n �
�o O C v� 9 �t O � � p� R
�� � B o � p ^ "' �ev, o '-+ a o �+ ao c �„ � �n z ►j E— R
n �m o vg � z �.� � � n ro w n "
n o�i F�.. � v 7 n ... � m i-- m n cn r-+
a C' �t n � � fD ►S O w rt s � � � � y � �
a�i m n r~o � t��i7 a � a ►w r-+ 9 <
tn 0� rs tA � x p, Q i.., I fD Oo i-n ty C � F,,, n
� E 9 3 rr tA A O O ►t W � � tA Og
� fD �N O n f� C!� lD r�t r� R r CA ►��t RRi � O G. R tA rt C � µ B
F+ n M S r 9 � � � � � � C CT't7 �T � A7 � O
v�i ��-r, _ � 'o l70 G � �' o n t�T7 �r, F~+. w ro � f�D rn r�i y � r'�i
o z
m �-n m � � m r. � r�D �-z3 O �' ryD � � 9 �.
c c i--� n ti r �n m .� a � r� �. � � � �'
� � w w 9 � �c M p� y � � � m v, � � o ''-
D cD cp g �,�j �
m m S~ p d �.C., y� � r� O z �o R g p, � ,��n
n n 7 Z H n t� n � m i-+ � O r�
� Q A � � CA [+1 h+ � � � < 'C W � fD �p �G f/� C �
O�i O c0 �+ 0i 9 ►-� N > H n f�D .�y C � H 9
a � C r. 3 9 ro �v r� w N. �j '�
n S� c. °' cn c�'r. r�'. n' c�n z �o n �o�c � R r o
n n p � rp a � a�i ro 3 t� �+ � � rn ro o � � .
� a "� �, � err z w oa �
�n � n rt f"' � E r�-• y y r �
o cn �. � a�i a oGa a�i
�e o z
rt n w 9 B � ac 3 t� � � 9 n � w�
r� h-� O (D C ? t0 Z 9 m
t�D h�+� � t�+� n n rr � y l0 O O 04 .
� h+ fn F-+ p�7 R Cn D �"n �-f O y
rD tn w H R K o. e' n� �
� � N �, a o rt a N
R
�'. � �, � c � �
c n m c� y z
t�� n p, 0. y . H
� � �
" � C
�
Cr7
x z �'
zzz zz z cn zz �c�
b z
"�G ro "� ►C K Z Z Z fJ� C/� CJ) I(7
ro ►v �v �
m
►��'o � Kzz xz ro � Zz !c�
1�
z z z .c z cn z z cn v� cn I
'v �c ro ro c�
a
..
z z zzz xz z z 2z �
Ir o
o �
z z zxz roz z z zcn � w
►v l o ��
z u� zzz � �
�c ro z z z z cn � °�,° �
b I 3 v �..
N
�
i
�
I� c: cr: �
N O fD
I• � a �
� R �
►r (7 �..� rr r— ►+ r ►.. �-. r-> � r.. h'1 W �
PV O s.. r �..� �... r-. �- i... i-.. r. r.. (0 C
� � • o e • � • • • • • "1' ,7 '.
N N N N �- �- � �--� ►- fD �
H� W N OD v Q� l!� l� W 7� A
C W Y
0� r� 'C C9 < 'O Sb 9 v' 9 C7 C c!� � � a t7 O C/� � O �t tD � r* tn < H' �
� 2 [17 �-3 (D v n n G n ca7 V7 r* O O C N < G a n tD 7 O W w fD 0�
� C7 7o r+ a' �p �p P+ F+. rr � �p O rT n �4 fD o'Oc �v � n n � Q
C 3 C w � 0� a+ r r+ [a7 n �4 tn O n y W R N w O � � n �
a cn ..� a n e s a a r cu w m � E � � o W w o n � o� o �--�
fD �l e r os a+� r+� r� C O oo i-+ fC O m G� w fD M n t9 . 9
< � H fD tw n o r* "0 �-n fD tD ►t v' m C � fD cD < 0.� B �--
�D r+ c+7 tn o� ►a r�Qq w 3 m < r+� ? r rr p � g rt ro B 7 �0 �
� 9 v H � � t'� n o fD r-� . r� < • �D C ? c a �t
o L� O �,' W U7 fA Z ? �T O fD A Ci (D � � F� �"� n 'C .
9 v� O � r�p o n n H � w n A� o v� ►-� M E r► � n �-r+ w r- n� �
co r+� z c� n ►v o o �n < c an �v �w aa9 6i m � ~ ~ � � �
R C a � � o��a �a a 9 � ^ rs n n c �e o c a-�w vc � � °R' ~ R �
So r� �c � r► �• wn .. 9 m w 7oai j
� �o n� c� c c z �- a � � �. n & o ,� � R ro . � �o .
� c� c v � � n c n o �..�. n � � o �c oa a, � r. �-- < ;
rt C17 C7 F-� C'l O ff R 9 � C� f) F+OG C. �'4 Q . 'C '�7 t7' Ql 1+ A
m H cn � ra, tD rD � �o r+� �D ti7 � C o cu � rr n n a� O
7 C r-+ H Vi C1. G. C tn t-+ in F-� (D lD G. O SU �-s fD 0� h+� F+
a V7 O '�4� � F+ C!1 fD rt !� O 7 Cl ��G a cs, F+� � 7� O O � �
tb C+9 Z i-+ O � O fD t+ tn pi R R � r� �+. A �u fD p O �p
� VJ r 09 M O C � tA 7� C F+� G. A
v� ^ en H � r�o vrti r� o � � E "� �- o o v�i r* n• � o � �
� � w tD '- ce � tD n r n r� � n� rn r�
� 3 H r-� rr ►Y r� n O fD f-' C� 7C r� 9 0 � 0�
� o 0 o m a co rr R � o n � r. n m �p � y a pa �.
tn 7�7 Z v� �D r ►s F- 7 cD � fD p ? � O C
. R 9 Ol i-+ a�' C '� Qi � R 'C ►S f'' R Q7 O. � rt C _
C� 9 fA O ", (� P� R R F+� W W "� C� O O m �
0� Ci7 �C ►n E 7� (D �' S r* � w b Ov o a 8 r* 9 rD
df + � �r� � 0� rt R tn . fD (D 7'0Q M W . rt F+� C O On I
O C7 � 9 d �' fD E m 'q � e�+� � Q rt D O � I-�
� 2 r� cT r� ? b� m � rt C tD � ►f < < I
P! C!� C7 R C C � U� fD g ►S a1 n f.. R �+p R �p (p
O H C r+ � � N M fD a�' r-� 7 r W n �
B 7o cn ro M a-� a� 3 � r� Q' C OC � p� r c� r��C
Z7 H �-J f3. fD G. �p r 7 C G. O n 1--��p ff p�
� Gy � 0o r� ►n n O 0o r� ►+. n rD 0� W r-�' •5
`G C r+ 'C r+� D C r ? n �-+ � � n F.. fD n
� � � µ R oo � R �o � �, rs. oo w �o r� � w i
w o a �o � . � � w � � � R °a °' n v,
r* z cn n n r� ►s a � oo � �-• r � �
� 9 � v a, � � � � " � � o o r� ro n � �
o z < w o� n n � eA � ar'. `" ►"' fe.. v�i �
°C G r�+ r 9 7 t-� r� fD O. lD � Q' n O p� �„
fD C� O O T7 e't O OQ �-t fD ►S tp �
Ot fn rn O 'b f0 ►-+ � � � G � ,
rt �o �9 �o a. � A
; 7 n W O � �
OQ
Z Z Z � 2 Z 2 Z Z �f'�
Z
z � ro z z z z z z Ic: �
� �
b b b b ro b b � b �� , �
i
2 C!� 2 Z CJ� Z Z 2 Z (f: �
�a �v � .
.-.
z z z z � z z z z � a �I
�c �*
ro
z cn z z cn z z � z I c� �o�'u
"'� 'g $C N fD
O \A
Z c/� e/� Z C!) Z Z tJ1 Z I� v �
'C 'C1 °V "0 � v ... i
W
r� +
� I
I,
i
� ..__--- -__..._....- .__. _-_------- ---
� ---._----------------- ----._._-----------------� ------ . .
��
� �
w o �
• 9 n
'fl R
�--� � r. �. �+ �.-� r r.. �+ �. r r �.. r� F+
W W W N N N N N N N N N fD O
• • • � • e e e • • • • • '�' „'�
� �.+ Fr �w' F� r f+ 1� h� Fr �... � 1�.� �
�, ►- ►� �o 00 � o� t,r+ r w n� �. a �
n �..
►* 5 m rr o ►c ..3 �D ►�7 �* n c co n n �n�o Nacavc� r-� xm �+ < y
�'' O n 4� �'- 'C lT1 C � C ►t O ►n C � O p� ? rt v+ t+� �-n �p I� O 7 in �t iy �p 0�
p n R c oa fD � c fD w 9 r„ r� � � n o p m rn ►-� w 9 a 7�" � C c
__ �` 7r ►� O S n � r+ w r n 't7 r� �- fD m 'C �C O.Z7 rr �" h+� r* 9 C fD � f; �--�
m i < n R w r-� z �v R ro � a n n � c ro n � < � �o � M E a o �
7' C W W R H C� 9 O O � fD w rt 7 0� n M �+ fD fD r� ►t r'* �G 0� ►t
� 'L7 R R 8 F+� H fD h+ ►t �G � a r-� C R a n Q. rf Q A M Of � � �.
a � ►�" O W D C+7 a r-+ OQ H+. f� �0 a V� A �p .
fD �t 7 00 C n � `�G OC n rY rD n G.� R p�i Wµ fD v
n a � �e �, y � c c m 9 � W. m � �. �. n w F.. �- a a � .o
v� cD n � G n o rr n o a, �p o ►s r- m
� o� ? n. n D �p O 04 t7 a D g v� O �C p� n
Q � � 7 n C. Z n r fD r+, I� ►t O � n O fD M 1 f-+ n
C 'G ?O q R C fD W G� rt rf 6� C Ot M tD 0.t fD n < �"s n
A �"I �"` N G G. �7 7 i"f 01 � F+ G� a Ea OU fA `C �"'S fD fD < A F+
R o � ao �s m a o a m a a � co �* R a n �. r-r �o � :°
� rt �' fD r+� e C) � w m ►- fp fp S 0� O rT . n rD p� C
O G. � �y H 7 � tn. rt �-s �-n (D
n 8 OQ 1-+ C �+ n 00 rt y (D . w t�-� ^ rt w W � Ha+. 0� O
�e m �. o �o o �- �e o o n v n �, r� v� . o� co o '` �
�c �e � v � n c a n n n tu � r� rr an w a, �n a.o0 0
�D B Z � G. fD p� C 1-� ►-� 1-� O S r 'C p C �• E a K
Ori F+ ►1 fD C� C �+ M OC TJ A rt fD r- O g fD Ci f� f�
o � � n. o w ro n n � R n � o� n w 7 c a' n
� A m r* C t+�OC r O C O r+ ►+ � A 0� C fD f+
� � fD cn � r+, G...y r», �... fp y n m fD n tu rt ►q W
c w m rn oa u, n m c � � v, ►s ,. v ,� r� o, � �.
a. n r+ cn w o n � v� n r� ro w a
o �o S w ^ o. �... o w rt �o w �., m � n a � o � -
- C to n �- u, E � o o n cD rD � m ta'� O t`�o
R �D �p �- � r ►s r• w N. n w o � n n
�C C7 C7 R O ,R C. fD fA G O h� O 'S i-• R W
►'S fA � �7 W .7' S fD R R F+ hT1 < ►'S F+' "�1
S �C C1. R W G. rt fD a A rt G O. fD SU � n �p
� fD f�D � R� p n n � ? � r�+� � G. f�0 p, W '� 0a cD r-� pp
H < r'S F+ r'S f0 v ►� fD f� 61 fD fD G. �C fD C
� �' 3 O 0Q � �-+ � w t-+ 7 m n S ►+� S r� r�j
�'C a n A ,y 7 � � (D C G l�0 O 0?0 �-' O n 'C O�G O
f) tD � C OC a rT R fD F+. rr
m B n O o p- 0 8 rt �+ rp an � r n
n � m 9 rn o m � w m F-+ a m m � W rD r+� E 0� �
rt O.F+ 'C M _ !� U7 fA F-� G. G V� p 1� �"t n (D "t rY
C rY 1--� M W R fD W F.. f� v� R fD A 'p. F-' 'fl
M 0� `�C C S 'C r'S C1 m � a S � I-� fD CL fD rr
. rp � rD G W o0 3 9 o c� m r� n �y
fD »� o. � �- w � ,-. v� �. w c� o •s �- o �n �
o �. rr � r+ �o a� m r .r oq
� � ? �o°o � � �°na � � � w r.
o K �. n
. R p71 •S p,+
w
W �
� � �
�
zz z z z z xzzz z Ic�
z
zz z z z z zzzz z �c�
�
2 Z t1: fJ) K rC Z C!� f!� CJ] 'n
'd �c ro �v ro �n
z � � z z z zzzz z 'c�
�
..
a
zz z z z z zzzz 2 �� �
0
�n
n7
►�C Z 2 Z z Z �G Z 2 Z z If� �Oq
O � �
� n
►�G ►< Z Z Z Z ►�G ►C ►C Z Z I n v �
3' � ►-
r
'�
I
�
�,
�
,,,, a- r v:
�' � � n
e •
� A
1r 1� F+ O P,r 1� �t� 1� hr 1.+ I� r (� r'S Yd'
v+ u+ v+ v+ ��e � r r � r s r � r y � o
• e e s e e e • e e e e 1--� �
r r �-• a• Z
r r- �- r.. �- � o•+ e-� ~ F-+ 7 i�
W ha ►-� I 0o v O� tJ+ � W 1� � � . I
a+
en o� o ►+� �7 w � �v � 8 t-� E "vv tx H c� n H h � �D cn m c �v � < �-3 �
� .y M c rr n � � . w w � m c n� oa o n �o w x c n cn c� � m
� � m o. m � v�i 3 cn � a n � y �. 9 9 � c�o a. ? a, � c�i� 3 c c� �
O R � G. R �--i n r� fD �+OG A fD (D W r� O p� r* r� � � �
a fD w M � 0� H � rD � 3 � N ^c n 9 < . � tu w ^ H
w a N m w M n� .� v� � �c r�oc n o� n � �. r� oa r* n � ►� C �- 'I
,-� m w n a � m c w �+ . m r� � �* � rt �s r� a c r� z �o -
p' R M 7�' !J� Ol t", � � 'C 6C QQ 0.� 0� r'T OG fD O 7J � C7 H ''t
p� �C �" r.. �p � 0 9 n � r� 9 cD N F- r.. r� ►.r o p .. n n n �C
C� o a r* O [-� �D m am m � � n rD �-n e c 9 r. w
A 1�+� O 0� 0.� p� OQ O < � e-7 H m '� `
� � � � o � a r„ �o w � no4 3 � E w w �o r ►-� r+ ►- �
� �v �0 9 2 z w n �o � R o �o � c � r o i
n ►n Z7 tD m . C t+� M �t h+� ►t B O r� z 7o W i
e�-n W O f<0 F�-� 9 C r+� O r4 7 n. r-+ < tA O t0 'CJ H C!: PD e I
'C < D �G r-i C!� r-+ ►t ►+ A� O b 0� r� ►t � 00 h+� A r� <
C7'Lf F+ R "�O �'d P+� J ^3 �'1 4i D rY fD C ',' O w F+ C�
s � n. £ .. r� R � n n ro �s � �. � �n �ca e �z m o
M o fD n r� n w (D r+ fD W 7� fD fD fD r* 0� 'L7 n v �` � �
r�v a o n cn � � ��,,y �„ fD ? m °1 e c. r�e °* �e � � � ro
� � y �„ao m �. ►� a w �+
9 m� c o vi r o n w �s � o �* E c � w
a�o fRD a rt P�C 2 C '� C r� � W C 00 � 'C3 �'° W Z 2 �
r* m r r� .t r� C C r* r� c/� �
co c� r� �- �o n r► cr c � � c� ^c �--
� O � 0. n � H � � rr+�r o� ro � R f�,, O O y � C
fD t+� � r� 9 c/a tD `< fD A rt 'C7 rr y W
� � D � 'J'Q � O � n w C- 0� n Z H � i
�
R M� O c* rt C w tn r-�
Q� QQ + A 47 Cn Fy � � 0 N 0 1'�' '� 'j
c. ? �w„ ,x... a � o m G r� 9 � z
� � � o'a ss. � � o rt R � R °p " I
� � .tDco < r �. � n n � `�
� � � � a �
n rC+. � r�-� t:9 3 h D� O r+ Z I
� e'1 � O < � n �T � F"' f0 R� i
W �. � 9 2 rt F�-� � ry 'C fD �
.� I (0 �7 .
'C - O f8� o W O O 9 I
. � o �* � w � a°a c�o a �:
�-n y � S rD O
n c�i� � n o � z
o � n �
►► ro
�
� z z z z z z z z z � �� I
.�e .t z z z z z z z ►e ►c I x
�
� �e cn z cn cn cn cn z ac ►e �c� ;
�c �c *� ro �e cn �
�
� rG z z z z z 2 2 z ►E �� '
�
9
y
CA Z Z � Z Z Z � Z � ►�C I�'? � I
'd � rr� I
"C
rw
t/� � z � z z z Z z •C �"C n �� i
� � O � � I
�('�
tJ� Z Z CA rC �G Z 2 •G rC �C I A 00 1
r� rd . .,"� v ►-� .
V1
T --- -._ .
--
__ __----_
---------------_—
------------ I
�
�°� 9 �
• � R
r-� r i.. ►�r �--� ►r �--� ►� i.-� � '� "1 h+
Q� Q+ T T Q� Q� C+ O� O� C� C� tD C
• . • • • • • f7 � p
�' �O 00 V O� tJ� i� W N ►-� [+7 �
o cn � r
cn v� .
�.
d w "e 9 o R R b o n c� w v n c�v c w cn C7 n 9 oe n y o� � p� m rr ►o�v O n � �v O � < y
� � rt A �n 7' ? f0 r+� f9 pt A C 1- C � . . �p C O f0 C W fD O' C ►t S S A� rS �-n O Gt rS ►*+ ►C �D C�
a a p n co �p n � r„ n �r r� r. o � 9 a � r� n 8 c W cD 0.� rc "� r� �++ o �I r. �++
n cD n g e�r �t fp t9 r f0 �-- < [� n n v R R ►� n �C r+ r 0� r 7� a I n 7c � 1 C f� ►-�-
n � �o � �v oa r� s ro n oo r; o n. r� o o �. v+ n a�e o n a r- g w � m .� �. � a, cn o �o
fD C� V� fA fD M fD rr fD N f0 � A R r+� 0. g � O �'* O W r� ►�+ �'t 1�+� w 7 C� � 1+ n O 7 W n g
cn rr or� O 1+� p R R ry O fD � !� B < 7 tD i�-� � 7 � W � � O � f+.OC y M i-+00 'v '"� c!] B .•
-- rt �o r� n c � �o � v r. r•. K w �oa a � � ti y a oa oa h vc oo R �c � o� �o w n� A co .
r. � a � a, n � a n o w �e n r� . M � �.. �e n o ►-� �o aa r ro
� r�aa ro r� w r� � . a n � r� o o w a� �+, o �- m
OQ t� . � 'G � r� � 0� C O h+ S w �D . ►S tn C O ►t O O 7 r�+�w 7 M C R O "s C rt 7C0 w W
r- r� rn o� a n r a a� r* r+, an �D w � �v M < n a rr M y rr m r-+ n c m v m r�
m v� � oa ►� �-.v �. w ro � �.. � o m v � �o o� � � � � ca o n �o a� c� ►— R
n n � o c n b r+, � �p rt � c �D � � ao o� n w ►+. � n c -• w m n -• K o
R �'t O � 9 � C ? C� W F+� �-n �'1 7' O C� C �''Lf F+� R n � C� '? � d f9 f� Cl. C 7�'
i-�• fD r� C ►-� c0 r A D r'1 fD fD 7 fD m o� fD ►S tD O fD w � p7 7S'^ r� Q �-S � ►+ � f�D �
< � W � n ►'� h+ F,-OQ O G. f9 C ■1 F+ V� '1 �i OC C3. i-� R O O � C/� � C � C!� a [+7 <
�. n� oo a, 7 �. � a � r- 9 w�c c r� m o w r � � � � ►n co ac r� �o oa
n r* fD fD C i+ w �+ � m n � m D w n n m Ov 0� r* rt fD � O cD H- 9 tD f�j uµi o
�O fD �C K A7 0� fD R Q R F'� R O "_7 fD F+ C fD I-+ 'S C �C f7 r"I �'11 0. C M h-1 F+
m a o, �o v, o ' R ... �o o � � a � � �, ro �„�v � o �o � a � u� o r� a� v� o a o �
� � R aa a. K a� a � o � a o w c m cr. o �- c �•. r� �o o co •s � � co � r � �o
m G. 9 n r» r . r� D O uo y r �p ►+, y r* m �n O � e+ n Oq c� ry
O r• �p E y A rn �n fi �p �v �v d R � n a Cs: n n r• c 7' rr < n R < C n •
�' F� rT fp F+ � rt O A R C A� r7 C ? C Q rt r"► CL O n n 9 Ol G (D f+. fp O ►+• fD C/: ir.
rD r� R R r* � . n ►s o n r. ti �•. n �o H a c o i.-� o tp � c r� n o S � o � t� w
r-- g fD S � � � c0 G. 3 r+ ►S � r� w n O r� ►f tD t9 a OQ t-� 7 F+ 'C 7 F+� � �
`�C w f3. O r r. fD e�r rn tD .fD C 0.� (D £ tn t-� O � a n � y G. fD A 1-+ f�
1"� �"S .7 R ? fD �'► .'] y ^I � F'� "V C. p1 �Q 'C • f9 �l, �'S h+�.l� �..� F� Y. r F-�
rT (D C O � C � �-S n f0 r+, v� O r+� 0� + W O. 0� W 7 C ►- f9 ... �p Oq
o a� �„ � a, o, ro o r� � � co w a w .r� � .. n oa oa r; .. ao E .. m
►t m ? ro to p n m �e o R� oa � H a 7s'•�n rn C. t0 v, �o ►w �
�'t 9 cn o < n w 9 f� O � rt b r . t0 0.� C µ (D n 8 N rr p� -
�D N fD 8 1+� O � t+TJ fD M ►�n a �-n �+ (p i+ p (D O rn O 0� fD or7 7' z W
� o � a � �-- u, � n o n ro a. � v oo � o ►s � a m o y
c rt 0� tD a o .t o n � �t tD � ,a F+. 9 cn �t a. r+ o n y o
� �-n w 7 7 C 7 � `C O B ? O ►-� r+� C 9 0� fD O �0 R F+ f� ? � f�
M w o � n n o o � o ro n �, � n � �o � � h, � �r n a oa R r� �o .. r.
f� t) D fD rt R R fD E] W S ft T7 � G. R Pt (D � ry O C1 W
S n ►-� m ao m a n �+, �p E ro 9 m �„ r� �o w o n a y R
� C �- O O G. � O .. �C O O w G. f9 r�OG �t O < � G C fD h� a fD
M W r* rn f9 rt Q� 7 •1 fD r* a O 0� fD a F+�'C � � 0. 9 d
r� r. • �D �' a r+, � a � � �... n � n t.�.. �D ►s o n, �o 0
�e � ►- �* � oo � a a o c n �v µ o ro a oa �. S r c �n c E � M, E
t� oc r� � e�. < rt o rt n ? ►-� � o� �-- fp S o � n m �+. m rr, r�
� 7 � w C� E A A R fD O G. C a R � O n C3. p fD R F+� � rr
►t O fD r'S �'' I+ � n r-+ � R F+ C' rn t+ O � G. - ?' O t/� �
r� �-n ro �p �-+ a� t+� ►,+. r+. O Oa �0 S a� � �D Ry O r D r,
9 Y. N Gi lD fD Q � hf fD fD fD R fD .G1 0� K �C M fT Q7 r� R
fD Oq F+��C C � 7 fD a cA �1 A G I� .. O S �+ (D S
7 O N 1-+ R . rt lD
d fRD N. � � p f�D O~i r�j f�+. n rt "0 `-6 t9 R fC
� � 7 n n f0 O i-+ a O
� w � � �
� 'C
� m
h+
z •� z z x ►e �e z z �t �e I c�
z
x .e .a � .� �e .e re .� �e .� I� .
z
�
z •�c ►< cn .e •< .a .� .e �e .e I c�
�e y
z •e � cn �c .e .< .e � ►e .e I�
�o a,
.-.
9
z ►�c ►t cn ►t .t •� ►t �t ►e .e �'
ro n
o °+
b
"C ►G �C � ■G .�G ►C +! rC rC "'� `� N fD
10 �O
�n
�C �G ►G ro .0 �G ►C ►C ►C ►C ,.� I� � 1
3' v�...
O�
�_�r
I
I
I•. �. c� C!�
Qo v O� n i
. e
'O R
r s � b e..� �.j � r rS F+ �
W C� CA o V �s; Q� C� S =
W N e.� x o--. � �- e-. fD �.
r^ Q N �- 7 r �
H w �
�� �D r� n � H K �o ro oc n. p a on o � 9 v 9 H c�v n H � v �v n y a G < H
r. cxr. � oswxxnwnwRR w ,� o �: o � � ro .a rorooro �c � � n�
a- o � m m R c� n. n n o a �a n �� �* �S �c v h o rc a n �r o a e �o c
r � F-� n r+ r� fD fD C OQ H rt � fD rt g �'C 'C C B r� m �p fD an n f-
C�G C fD F+ h++ W W �n � fD r� C f1 �t G � ►� C C O O G: O t/� F+ O rt O �"�' O �0
o m a a w � o n � w a ti < � n E a, a � o� cn o v� ►•. n � R a �s n o m
w �s �c n i— r� r� �. r. cr c w ro n � t� a � m w �n c w v n � �--
►t c, a � G � � o e < E o � r� n �n . c � • va n. n n r� � n n g � �o �
a• � f0 W O D 19 f0 C� M 00 7 fD � w G. •• rf �C � O rt � fD t0 �i '
� E h-� n OG . tn fD m � r• rt h+ a rn ff 'C
� ^�G O +9 fD ►+� fD �C 7' fD �-n 1+• b R + O' � 9 r+ f� rn 0Q O � R y r� 0� I
a� � G. D �C � ►t r� a O ro n •e n t' n R R ►s n a � o tu ►t
�o �... m oa n � w . �s n.�v n c � c r c ►+ d o �. o �, � r.
fp oo a rt n �o n r* r� n �o rD 9 � r* �-* n � z7 C a o r-� M �C j
O �'S O C � F++ () + S R r1 F-'� R �"S ;,T' R C7 R �"'S A R (D M G. ,�7' p�t i
63. r.. tD C W W OQ O fD �"9 W r* G C �+• C G O rr fD k t+ �-S n fD �
�D W A CJ' � w � y rt (D ►+ rr r+ �-t f� tn 'S �-4 < C C. n W � fD O <
M O r7 (D W < R B R ?C � B W fD fD R (9 fD W "f fD 04 �-' r c7 '
►•- rt � G t9 O O 'L7 fD fD O CL. C W» [+7 C. f9 p' fD C^ At 'C7 0� O
D O rS W tg O 7� Vi F-� F+ � � ►1 �G 7�1 O fD on � G. C W R fD w �
r� •- R �o a � � n c� �.�. o 0o R . o o �o i o c� �c a � .. �o c i
R oo » ro o .. < o� � m n �v • ��v f-• w n R � a � a r�
F+ ° g 41 F+� p'!f (� �"'' � p'd 0 (D SSl (� '� L' R '.7 'X F. d' � F+ �"S
oNcoo � v, w �- v, oo � cuno � � r � Sa � o �. ►, vR �
7 • W 'C !-+'C f0 pt O O a rt o A C� 'V 0.t �D fD � n rr f+ I
� D fD fo W O � . ? �i p� n rr fD O r* 9 C �`t OC rt O f9 C�
. "C7 ►t F+� f1 O �' R Q ('� f9 F+� r9 �"1 �''" Z �'' C/� �A C (D ►i a a F- �
rt r� C� a W M F++ R 'C! O S R Q� O d O C �!1 ►0 �D W C� O 0� C
N O R R n M � O O a Q� F+ � � rT � � � fA i-+ r'4 �"S F+ f� 71 �
C � r"'' F-' �'' C 0�7 O X �-' N < O h�'� O �C A a C3. V� h-� R A W
R F+� 1+ O G,' A F+ Q' F+• �"� CT N M+� �"'S O O R O C�7 O C3 W �' fD ►'�' F+ tD
O � f/1 � W C� � F-� O f� C �C �'! n `G rt 7 rl N a � O � 'C 0� r"S O fD 71 '
r'3 F+ F+ 1-+ ►1 r� o n G� W r+ 'C 0� n QG rt 7 � p D
o �* �v o < � w oa k �+, r. .� o R �, o � n� o w �r o a m � ,
c co �o n co �e �* S w c o �o c o o n ►s � n � � r� o n < .. w w
p. C. �t F+ n O g ".� W !A r'P R fD R 'Z F+ W R O h+ O+ f� M i
� 9 A� t-��p O an C tD W a� r+ C� � w H CY S 0. fD r. n w
fD C w f� F+ M D . (A W O O r► � < f) v1 < f-+ F-+ 0� lD � fD C � W fa
m ry R oo O M � O O 't7 w R O �+
04 fD n r� rt � fD 0. O rr fD rt r� rt rt � fD �S o-+� C3. fD A <
n � �o < w f- c n E o v • � � < <e �e r � F+� FE'� a�i m o a�. rµr r~p
p� a a+• W Q �p a� p� r+, rD 8 r� v o-+ p w o-� v �p F" y
< 0� rr � r� n rt g �-r n E r� E n n � r+ rr a tD O a 9 � cD co ,
1� n r+��C a n n w � y �n �- n �� o o cn 7' w a o fD r* m m
`G fD �-n t� �-! O r+ �"S T7 � I+ r+ fD - �'* H 7 'C (D � 7 W .�4
y .. r�.n G. o K rD ro � n c� n o� 7o a-r oa � ►s I rr r �
aS o-+• W 7 0 3 r1 � n_m7 �' C � (9 ' h-a ? K . a r4 S - I
n. rt fp tU OQ F+. W F+ (p 'C k f� � rt B tD �++ rt .
y � H oo .� w `t a� E 9 G M �c �C H s w � o 0
• r� o rn S � su r� m �. o m m n n cn � w r+ �e ►s �
ao rt p� w . �p ►t m n �e � � � � R R �' n
� w � �
R F+ f? � • � 7 tD V Y-r � � � I-+ �
Ol OQ � 1 l9 F+� fD
7 ti� I
I
Z Z B C!� rt Z I C7 I
ro z
z z z � ►� z I� I
1�
Z 2 2 cn .G 2 I f') �I
'C �
I
�
� 2 Z Cn ►C 2 If�
'ti i�
• ,,�
a
y
z � z � .e z �o M,
b
z � z cn .< �e c� ��
�' I c � `°
� c:
z z z � .e •e �� °.,° � !
v I
�i
_ i
T --- _ --- _-- ----- —-
—_---__---------- -- ---------
----------- ------ ---------I
` �' �� -_
--�
•sa�us�stp pus suoFsuam�p
apnj�u� pus aTs�s o� cuy2ip aq TTsus asjd aqy •£'I'OT 3O Z'I 'Ot sqdez�szsdqns
�tq pa��nbas sa 'c�aina.z usTd a�ts q�tM �tm�ad TEZ�ads zo �im�ad jsi�ads ��S�usd
-n��o ;o a;s�F;t3ja� � �imsad Su�pTtnq a io3 uoile��Tdde q�Ea �CIIEdmO��E Tjeqs
`�uFuaai�s pus saase uoi�isus�� 'BuFds�spusT zo� uoi��ag siy� ui pauzE�
-uo� sp.zspue�s aq� [�3TM a�ustTdmo� �ur�ei�suomap 'usjd �u�de�spusT y T'Z'Oi
__ Q�2IIA �2I N�''id 9NIdd�SQN�''I Z'Oi
•pa3silsuomap s�
�aLQE�"i��E�d �ua�xa �unmzxem a�o�_'uoT��as siql y1Te� a�uE�dmo��un pa�uEa�
aq �ou jteys uoF��as sty� ;o suoFsznoid ay� o� m.zo;uo� �ou saop �ey� �C�tnF��s
�o a.zn3�n.z�s 'asn e �o; MeT-�Sg siya ;o ry•� zo £•£ suot��asqns sapun Mainai�
�uETd a��s y3tM 1Fm�ad TBi�a s ao �tmzad Tet�ads e io; voi�e�tTdds �Cuy
SZII�2ISd 'I�7I�3dS OZ �C.LI'II S��I'Idd� E'i'OI �"
•papFnoid a9 TTsqs q�ns
sa1a�tpui uoi��ag siy� a.zaqM �o pa.zinba.z aq Tieqs uo���as sTq� y�t� a�uspso��e
uF �ea�s �u�uaai�s so c�oF��sueil '�utda�spusj E ]Ei�� sa�e�tpui M�_�g stua
a�aqM pa1uE.z8 io panssi aq jTEys Matna.z uETd alis y1�M 1rm�ad js��ads
�o �Fm.zad TsF�ads �asn s zo; �tiu.zad ��usdq��o '�Fm,iad �u�pTinq oH Z'i'Ot
•sasn pusi aTqi�sdmo�uF �tTqFsualso �u��sixa
ui a�usq� e �o �uota�ni�suo� Tei�sammo� �ua�aCpE o� anp sanTsn �1�ado.zd
- ;o uoF3nuim�p ajqissod lsu�s�e uoi��a3osd siavMo ��iadoid ia;;o 01 •p
. :�CTjEia�a� uo��uzxaZ 3o pus pooy.zoqq�iau
s ;o .za��e.zsy� TE�uamuoiFnaa pue Tansin aq� ano.zdm� io an.zasa.zd o3 •�
:s1oT
�ui��ed pus sSutpTinq �CT�y��sun �o natn aq� ,zo �su�ts 'n�os3aiaq� MojB ��
��saFqmB ay� Suipnj�ui ayBtT Tsi�t;i3.ze mo.z3 uo�sni�uz aq� �s1y��TPBaq
aj�zuan .zo�om moi; a.zeT� 'asFou �ia�3ij '�snp '�3ip s8 q�ns sa�ussinu
' IsF3ua�od a�npas .CTalaTdmo� �o �STTsi�isd o; zapio ui ,xay�o y�Ba mo.z; �
sasn pusT 1ua�8 CpB ajqi;edmo�uT aste�zay�o pu8 1ua.za33ip a�eaedas o3 •q
� :s��ii�stp $utuoz �uaia;;�p uaaM�aq uot�tsusa� alqeaFns s ap�no.zd o� •s
:sesod�nd
�utMoTlo3 ay3 anaty�e ol papualut a.ze uoi��as s�y� 3o suotsino�d aqZ i'I'OI
�ZI'IISH�I'Idd� `S�AIZ��t'80 t 'Oi
9NIH332i�S QAI� NOIZISN�IZ `9NId��SQldH'I OI NOIZ�3S,.
� :sMojTo3 sB �pj uoF3�ag �au e �ui�.zasui �Cq
` ---•6T„ x�3axd aq� q1iM psaasuz
ut8aq o� 'M�_,(g ay� u� isadds eCaqa �ana�aqM�o�a.zay� sa�uaaa3ai-ssoi� jjE puE
---'OT„ XF3asd ay� qai� u�8aq 1ey� MsZ_,�g gu��sixa ay� u� s�aqmnu TTs 8u��
-eu8�sapa.z �Cq pus ';oa.zaq� �uFusam .zo BuFp�oM aqa a� a�uey� ou y�tM �j xoi��as
Mau s aq o� su8is y�iM �uiTeap pi uota�ag Su��s�xa ay� 8utnom �q`.,:' SH�IS
£T NOIZ�3S„ aq o1 `papuams ss 'aT3F� ay� SuF�saBtsapai eCq pus `aT�3 aq�
mos; „SNOI.Ld'IA�32I N9IS,. sp1oM aql SutlaTap �Cq `SNOIZ�'III�3�I H9IS 'Oi uo���ag uI �.
9NIN3�2I�S QAI6' NOI,LISNf121,L 9NId`��SQNI`v"I `OI NOi,L��S - Q Z�Idd
�I .
t__..y
� ��
jj\.':J
�
Part D - Landscaping, Transition and Screening Page-2
Comprehensive Commercial Revision (4/29/87) j
1U.2.2 The landscaping plan shall be certified� by a landscape architect regis- �
tered in the Co�nonwealth of Massachusetts.
1U.2.3 The landscaping plan shall show:
a. existing and proposed grades, the existing vegetative cover to be .
/ retained, the location, size and type of such vegetatio�;� �����- ri�n�'u.:i:�. � �.r
b. the proposed site development plan showing existing and �'roposed build-
ing footprints, walls, fences, parking spaces, loading bays, driveways,
walks , storage areas, public rights-of-way, easements and the location
of structures on, and the uses of;�,abutting properties; �
,� ce a plan and plant schedule giving �otanical and common names of plants
� to be used, size at time of planting, mature size, rate of growth, i
quantity of each, location and method of any excavation and soil prepa- I
ration, and the spacing and location of all proposed trees, shrubs and
ground covers,
,i d. the methods for protecting_plant materials during and_after construc- ,
-- -�. ._ _. -�-- - -- ----_.------- -- -------
ion; ._ _ �
10.2.4 Where an application for an SPS is required , the landscaping plan shall
be consistent with the definitive �ite development plan required by
subparagraph 3.6.4a
10.3 TRANSITION AREAS 'I
10.3.1 Where a lot abuts a different zoning district or is across a street
from a different zoning _district, a landscaped transition and screening ,
area shall be provided and shall be located adjacent to the lot line as set ,
- for�th in the table in subparagraph 10.3.3. In the case of a non-residential_ j
use in a residential district, or a non-conforming commercial� use in a resi-
entia istrict , a landscaped �transition and screening area shall be provided � I
. except that while the transition area shall_be_the width s�cified in the
table in subparagraph 10.3.3, it shall be installed only along those segments �
of ot ine� necessar to screen t e non-residential use from awel Iin s�loca=
---._._____... ---______
g i
e� oin abutting lots. The transition area may be provided withi'n the minimum !
yard required for a buildinge - �i
�i
Where a lot is divided into two zoning districts for which a. transition area
---�----:_ _ - - - - . _. ----------------------------
wou e required by subsection 10.3.3, the transition area shall be along the
zon7ng -�strict line excepf-that the SPGA may grant a special permit for the i
��nsi�"ion-area to-be in a different location if it meets the objectives of ,
. .
t is section. Where a lot has a noncon�orming use for which' a -speciaT permit i
----�..------ -—
is requeste see 1 . 1.3) , a transition area s aTl-be_provided__on___all...lot �
lines where necessary to meet the objectives of this section. !
Landscaping and screening of other use areas and parking lots shall be provi-
ded in accordance with subsections 10.9 and 10. 10a '�
10.3.2 A lot shall be considered to be across the street f rom a different zon-
ing district if , at any point along its street line, a line drawn i
perpendicular to the street line intersects at any point with the street line ,
of the lot across the street. Where any part of the street line of a lot
having a non-residential principal use, is detetmined to be across the street
from a residential district, a screening and transition area shall be provided
along the entire length or the street linee 'If a corner lot is across the '
� �
�
i
i
-�- ----__
- --------__
- __ -----
�. �
�
.
Part D - Landscaping, Transition and Screening Page-3
Comprehensive Commercial Revision (4/29/87)
Utreet from a residential use or district on only one side of the lot, then
screening is required only on the side that faces the residential use or
district .
10.3.3 RF;QUIRED DEPTH OR WIDTH (IN FEET) OF TRANSITION AREA ,
ADJACENT ZONING DISTRICT
RO RS RT RD RM CN CRS CS CB CLO CRO CM STREET'
DISTRICT IN LINE
WHICH LOT
IS LOCATED
RO 25* 25* 25* 10* 10* 15 15 20 - 20 20 20 -
RS 25* 25* 25* 10* 10* 15 15 20 15 20 - - -
RT 25* 25* 25* 10* 0* 10 10 - - 10 - - -
RD 20* 20 20 20* 20* 20 20 20 20 20 20 20 25
RM 20* 20* 20* 20* 0* 20 20 20 - 20 - - 2S
. CN 2U 20 20 20 20 - 10 15 - 10 - - 10
CRS 20 20 20 20 20 10 - 15 - 10 - - 10
CS 20 20 20 20 20 15 15 - - 15 - - 10
CB - 20 - 20 - - - - - - - -
CLO 50 50 50 50 50 10 10 IO - - - - �p
CRO 50 - - 50 - - - - - - - - 50
CM 50 - - 50 - - - - - - - - 50
- Not A 1 '
* No requirement for an indivi al dwelling. (See 10. 1.3) dl�e.`"�o.d .�,� GS�?��,,,,�,�
r, '
1U.4. TKANSITION AREA STANDARDS ANll IiEQUIREMENTS
The following standards shall apply to the installation and maintenance of all
_ landscaping, transition and screening areas required by this section.
10.4.1 COMPOSITION OF LANDSCAPING, TRANSITION AND SCREENING AREAS
A landscaped transition and screening area shall consist of a land-
scaped strip and may include fences , walls (see 10.4.8) or bez�s (see 10.4.9)
which shall serve to provide an effective year round visual screen at e time
of installation.
10.4.2 HEIGHT OF SCREENING �
Visual screening comprised of a mixed planting of deciduous and conife-
rous trees and shrubs and walls or fences shall have a minimum overall height
of six feet at the time of installation except in a required front yard where
the maximum height shall comply with subparagraph 10.4.3 so as not to inter-
fere with sight distance.
l0.4.3 SIGHT DISTANCE
In order to provide an unobstructed sight distance for motorists , there
shall be a triangle which is at least 30 feet on two sides of the intersection
of a street with a driveway or an interior drive that shall be clear of visual
obstructions. The triangle shall be measured from the point of intersection
of the street with the driveway or interior drive for a distance of at least
30 feet along the street line (see definition) ; along the side line of the
driveway or interior drive for a distance of at least 30 feet; and by a third
line connecting these two points. Within this triangle so described, nothing
� ��
Part D - Landscaping, Transition and 5creening rage-ti
I,
Comprehensive Co�ercial Revision - (4/29/87) �
. �
1
shall be erected , placed, planted, or allowed to grow in such a manner as to
impede vision for motorists between a height of two and a half feet and ten �
feet above the grade of the center lines of the street and the driveway or
interior drive.
i0.4.4 TYPE OF PLAAIT MATERIALS '" I
a. A variety of plant materials shall be selected to provide ati effective
visual screen, to be maintained at a minimum height of six feet.
Plantings shall be a mixture of deciduous and conifesous trees and _
shrubs for the screening to maintain its effectiveness throughout the
winter monthss
b. Ground cover , grass , mulch or other equivalent landscape treatment,
shall be provided in all landscaped transition and screening areas.
Where the' width of a transition area exceeds twenty feet, and where �
existing vegetation is used as the required planting, no ground cover,
grass , a�ulch or equivalen[ treatment shall be required , provided all
man-made d ebris has been removed from within the transition area. ,
c. The substitution of artificial plant materials is not permitted . i
d. Existing vegetation in a healthy condition which provides an effective
year round visual screen may be used as the required planting provided
it is approved by the SPGA or its designee who may require supplemental ,
planting.
,
10.4.5 SIZE OF PLANT MATERIALS ��
All trees required by this section shall have a minimum caliper of
thre� inches at the time of planting.
10.4.6 SPACING OF PLANT MATERIALS
The arrangement of plant materials shall consider the relationship of �
plants in size' fOL'IA' texture and color. The configuration and combinations of
plant materials shall be in accordance with sound horticultural and landscape j
architectural practices.
10.4.7 PROTECTION OF LANDSCAPING AND SCREENING AREAS �
' Wherever required landscaping, transition or screening areas are adja- �
cent to parking areas or driveways such areas shall be protected by curbing or �
wheel stops to avoid damage to the plant materials and other structures by li
vehicles. I
10.4.8 STRUCTURES WITHIN LANDSCAPING, TRANSITION AND SCREENING AREAS �
a. Walls or fences may be erected within a transition area to supplement
the required planting to provide an effective visual screen as deter-
mined by the SPGA or its designee. i
b. When walls or fences are required by the SPGA or its designee, they �,
shall be of the following type:
1. a solid masonry wall faced with visually attractfve materials on �
the side which faces the residential or less intensive use. �
2, a wood stockade or other opaque wooden fence installed so that the
attractive side faces the residential , or less intensive use.
_ Between such fence and the lot line there shall be planted a mini- I
._.
mum of one shrub or vine per ten linear feet, and a minimum of one
_..... -- --------- --------_ __ _ _-
..__ _
smal eciduous tree per 40 7inear feet .
I
i
I
_—_
i
_ . �
------------- --- --
—__ __._____ ____ . ____-
--- --------- - --_ ------
�- .-. --
�-;�—
`�� _.
Part D — Landscaping, Transition and Screening Page-5
Comprehensive Cou�ercial Revision (4/29/87)
3. a fence or wall of an alternate material which may be appropriate
to the site which may be proposed by the applicant's landscape
architect.
c. Walls or fences may not be substituted for plant materials to reduce
the required width of a transition and screening area. A wall or fence
may be added only where a mass of plant materials would not provide an
adequate screen or where required by the SPGA or its designee.
10.4.9 EARTHEN BERMS
a. The SPGA or its designee may require that earthen berms be constructed
within a transition area as part of a planned resid ential development
adjacent to an arterial street or limited arcess highway. The berms
shall be planted. Whenever a wall or fence is required in addition to
a berm, the wall or fence shall be located between the berm and the
higher intensity use in order to improve sound absorption.
b. The use of earthen berms and similar grading techniques in combination
with the standard landscaping requirement is encouraged.
c. Berms shall be constructed of earth and shall be between three to six
feet in height:
10.5 USE OF TRANSITION AREAS
10.5.1 Only necessary driveways or interior drives shall be located across a
required transition area. No structure, parking area, play area,
interior street or driveway may be located in a required transition area.
10.5.2 A transition area may be used for passive recreation; it:may contain
- pedestrian, bike or equestrian trails, provided they do not reduce the
effectiveness of the transition area as a year round visual screen. No other
uses are permitted in transition areas.
10.6 EXCEPTIONS, SPECIAL PERMITS
10.6.1 Where, due to the size, shape or topography of a lot, the strict provi—
sions of this section would reduce the usable area of a lot so as to
preclude a reasonable use of the lot, the SPGA may grant a special permit to
modify the transition area requirements where the side of a building, a bar-
rier and/or the land between the building and the lot line has been specifi—
cally designed, through a combination of architectural and landscaping tech—
niques, to minimize potential adverse impacts on abutting lots.
1U.6.2 The application for a special permit uiust demonstrate, in detail, the
problems imposed by these requirements and provide an effective
alternative.
10.6.3 Any modification of the required transition areas may be made subject
to such conditions as are determined by the SPGA to assure adequate
screening and buffering between particular uses. In determining what , if any
such conditions are necessary, the SPGA shall consider:
�--�-`'��"=°-�'
t'art U - Lanascaping, lransitiun ana �creening ra�r-o . �
Comprehensive Commercial Revision (4/29/87) i
� I.
a< the proximity to a residential development;
b. the topog raphy of the site and of adjacent property; ' '
� c< the nature of the use and/or activi[y on the site; �,
de the land use of adjacent property;
ee the width and use of all abutting public rights-of-way;
f, the potential for impact of any nuisance activities such as noise , j
light or glareo i
10.7 MAINTENANCE
lU.l. l The owner of the lot shall be responsible for the maintenance, repair
and replacement of all landscaping �aterials installed in accordance
with the approved landscaping plane �
10.7.2 All plant material shall be maintained in a healthy growing condition, !
replaced when necessary and kept free of refuse and debris. After the
/ initial planting, all plant materials not surviving after the first winter and
through the following growing season shall be replaced in kind. �
10.7.3 Fences and walls shall be maintained in good repair. Gates or openings
may be provided where necessary for access to an area for maintenance.
10.8 INSPECTION I
The landscaping plan, as approved , sha11 be completed according to specifica- '
tions prior to the issuance of a certificate of occupancy for any residential
os non-residential use or building . If the completion of the structure occurs
after the planting season has passed, only a temporary certificate of occupan-
- cy may be issued until the landscaping is completed. '
I
10.9 SCREENING OF OTHER USE AREAS WITHIN THE LOTS j
10.9.1 OUTDOOR STORAGE AREAS i
Al.l outdoor storage areas for non-residential uses in residen.ti$-�-
districts and all facilities for refuse disposal _for all commercial, institu- '
---— -- _
' tio al or multi-family uses in all districts shall be enclosed by a fence or ;
�swall at least six feet in height. In the event that a wall six feet in height �
is insufficient to adequately screen such areas, the SPGA ot its designee may �
require additional screening in such manner and of such materials as may be
reasonably necessary to adequately screen such area f rom public view. ,
10.9.2 SCREENING OF MECHANICAL EQUIPMENT
In all districts , on non-residential properties, all air conditioning �
equipment, transfoxv�ers , elevator equipment or similar mechanical equipment on i
any roof or building or on the ground shall be screened from public view. The
SPGA or its designee may require additional screening in such manner and of
such materials as may be reasonable necessary to adequately screen such area I
from public view. ,
10.9.3 TRANSFORMERS, EQUIPMENT LOCKERS, UNDERGROUND INSTALLATION OF UTILITY !
LINES
In all districts , when electric, telephone and all other utility lines,
cables or transformers are proposed to be extended or zelocated , in connection
�
J �
i
I
--------- -----------�-------- -._ .
_----- --_------------ ----- --__ --- _ - -------
C��-
, .
� � - --
Part D - Landscaping, Transition and Screening Page-7
Comprehensive Commercial Revision (4/29/87)
with the development or redevelopment of land or a building for non-
residential purposes, they shall be installed underground .
10.10 LANDSCAPING OF FRONT YARDS IN CUlY4+fERCIAL DISTRICTS
For a lot in a commercial district which abuts a street and is across the
' - street from another commercial district, there shall be a transition ..area (see
_ ..._ . _._ _
� 10.3.3) at least ten feet in width along suc street line of which at least
�six feet sha e an scaped with a minimum of one deciduous tree for each
r y inear feet p us aaa�it-ional underplanting ot shrubs which shall be
maintafned to a height of not less than three feet . The trees and shrubs may
be arranged in groupings of planting beds and shall be a mixture of evergreen
and deciduous plant materials. The underplanting may be eliminated within ten
feet of the trunk of a living tree with a caliper of 18 inches or greater.
Street trees as required by the Planning Board's Development Regulations may
satisf y this requirement.
�
�
��
�'
i
�
V �
I
PART Eo TRAFFIC '
i
E. By adding a new Section 12, as followsa '
"SECTION 12. TRAFFIC
�
12. 1 OBJECTIVES, AYPLICABILITY
12. 1. 1 The provisions of this section are intended to achieve the following
purposes :
ae to permit vehicular traffic on Lexington streets to move in an
efficient manner without excessive delay or congestion,
b. to permit emergency vehicles to reach homes and businesses with a
�inimum of delay, �
ce to reduce motor vehicle and pedestrian accidents on the town's
streets,
d. to consider and allow for safe and convenient routes for pedes- �
trians and bicyclists, ,
ee to promote cleaner air and � to reduce automotive exhaust emissions
caused by vehicles standing and idling for an excessive time,
fe to promote the efficient use of the town's arterial and collector �
streets so that use of local and neighborhood streets as shortcuts
can be discouraged , I
g. to avoid excessive traffic demand on town streets that necessitate
extraordinary town expenditures to maintain adequate and safe i
_ trarfic flow, �
h. to maintain a balance between the traffic generating capacity of
dwellings and businesses in the town and the traffic carrying �,
capacity ot streets and intersections ,
i . to encourage alternative methods of transporting people, through
public transportation , carpools and vanpools, bicycling and walk-
ing, rather than near exclusive reliance on single occupant a utomo- �
biles , ',
j . to encousage the use of good traffic engineering principles and �
design scandards consistent with a predominantly residential subur- i
ban town, �
k. to encourage the positive management of traffic flow consistent �
with the town's other stated objectives ,
1. to encourage private sector participation in dealing with the �
[own's traffic problems9 ,
m. 2o expand the town's inventory ot data about traffic conditions on i
town streets. j
12. 1.2 No building permit shall be granted for the erection of a new building ' �
or the enlargement ot an existing building with the result that there
are 10,0U0 square feeC or more of gross gloor area on the lot , including any / '
existing floor area but not including any floor area devoted to off-street ./
parkin�, or there are SU or more dwel ing units , or their equivalent , includ-
ing any existing dwelling units, in a developmc�nc , including any existing �
dwelliiig units , unless a special permit with site plan review has been granted
and the SPGA has made a determination that ttie streets and intersections
affected by the proposed development have, or will have as a result of traffic
improvements , adequate capacity, as set forth in subsection 12.3, to accommo-
date the increased traffic from tl�e development . '
�
I
I
i
_..__ - �
___-- ,__ -------__— — --- -- ------- ---- -----
�——
;��
�\ .
Yu1 L 'L• llaal l l�, � L aj.�c C.—c. -
Comprehensive Co�nercial Revision (As of 4/29/87)
�
12.2 TKAFFIC STUDY REQUIRED
12.2. 1 A traffic study shall be submitted with each application for a building
permit , special permit or special permit with site plan review to which
subparagraph 12. 1.2 is applicable, or where required by any other provision of
this By-law.
1Z.2.2 The traffic study shall be conducted by a traffic engineer who will
certify that he/she qualifies for the position of inember of the Insti-
tute of Transportation Engineers (ITE) .
12."L.3 For the purposes of this analysis, the terms below sha11 have the
meaning indicated. The morning and evening "peak period" shall usually
be the two hours between 7 A.M. and 9 A.M. and between 4 P.M. and 6 P.M.—
respectively. The morning and evening "peak hour" shall be that consecutive
60 minute segment within the peak period in which the highest traffic count
occurs as determined by traftic counts of the peak period divided into 15-
minute segments. For uses which have an exceptional hourly, daily or seasonal
peak period , the SPGA may require t at t e anal�sis be conducted for t at
extraordinary peak period.
A street or intersection "likely to be affected by the development" is one
which has an Average Daily Traffic (ADT) of 2,000 vehicles or more and either:
1). carries 10 percent or more of the estimated trips generated by the develop-
ment or 2) in the case of an intersection, traffic from the proposed dev elop- ✓
ment will add S percent or more to the approach vol.umes.
-�� �
12.2.4 The traffic study shall include:
a. An estimate of trip generation for the proposed development showing
the projected inbound and outbound vehicular trips for the morning
- and evening peak periods and a typical one hour not in the peak
period. Where there is existing d�evelopment of the same type of
use on the site , actual counts of trip generation shall be submit-
ted. Trip generation rates may be based on: 1) the "Trip Genera-
tion Manual , Third Edition" prepared by the Institute of Trans-
portation Engineers , and , if applicable, Z) data about similar
developments in Massachusetts or 3) data from professional planning
or transportation pubiications, provided the methodoiogy and relev-
ance of the data from 2) or 3) is documented.
b. An estimate of the directional distribution of new trips by
approach_streets and an explanation of the basis of that estimate .
Where there is existing development of the same type oi use on the
site, actual co�nts ot trip directional distribution shall be
submitted .
c. An assignment of the new trips to be generated by the proposed
development to the segments of the Town street network, which shall
include state highways in Lexington, which are likely to be afrect-
ed by the proposed development (see 12.2.3).
P�
Part E. Traf2lc �
Psge E-3 �
Comprehensive Co�ercial Revision (As of 4/29/87) ✓
i
'
d. Average Daily Traffic (ADT) on the streets likely to be affected by �
the development (see 12.2.3) , counted for a 24 hour period ,
e. Intersection turning movement counts or the morning and evenin�
peak periods at the intersections likely to be aifected by the ' I
proposed development (see 12.2.3). In special circumstances where
the peak traffic impacts are likely to occur at times other than
the iisual morning and evening peak periods, the SPGA may require
counts �or those other peak periodse �
f. An inven�ory of roadway characteristics of the principal approach
streets adjacent to the development site and of the streets in the I
intersections at wt�ich turning movement counts are taken showing
the width of the right ot way and of the travelled way, traffic �
control devices , obstructions to adeguate sight distance,_ the �
location of driveways or access drives within 500 feet of the j
entrance to the site =or uses that are substant�i Ttrip generators, j
and the presence or a�sence of sidewalks and their conditione
ge In the case of a development in an abutting city or. town, which ;
will have a traffic impact on a street or intersection in Lexington
which is one that is likely to be atfected by the proposed develop- i
ment for which the traffic study is being prepared , the traffic
impact of the development in the abutting city or town shall be
included in the traffic study provideds 1) that traffic impact is
equal to or greater [han that set rorth in the test in 12.2.3, 2) �
the development has been approved by official action of that abut- �
ting city or town but has not opened for use prior to the date that
the traffic counts required by this section were taken, and 3)
data on the trafric impact oY that development, comparable to that �
required by this : section , is available.
�
h. An analysis of the effect on the capacity of those intersections in
the Lexington street system likely to be affected by the develop-
ment (see 12.'L.3) during peak periods of: 1) the additional traf- I,
ric generated by the development, and 2) additional traffic from i
other developments previously approved by the Town of Lexington for
which a traffic study was required , or by an abutting city or to wn
as provided in subparagraph "g" above, which have not yet been '
opened for use prior to the date that the traffic counts required '
by this section were taken. Analysis of the capacity or intersec- . �
r.ions stiall be based on traffic "levels of service" as described in �
the "Highway Capacity l�ianual, 1985 Edition" published by the Trans-
portation Research Board . This analysis may include an intersec-
tion oY an access drive serving a development and a segment of the ,
Lexington street systemo
i. Where miti atin measures or tri reduction I
g g p programs are proposed , �
they shall be included in the traffic study at the time ot filing
of the apptication. Where the proposed mitigating measure is the �
construction oi a traffic engineering improvement , evid ence, such
as letters of support , or couunitment, or approval, or the award of
a contract , may be submitted to show that constuction of the traf-
fic improvement is likely to occur.
I
�
�,
�
�
-- ' �
--
---_ .__--- ---------------------
--------------
�
Part E. Trarfic Page E-4
Comprehensive Commercisl Revision (As of 4/29/87)
j . An estimate of the time and amount of peak accumulation of off-
street parkingo
The counts reierred to above shall have been taken within the 12 months prior
to the filing oi the application. Upon request , the traffic engineer shall
�-- furnish an explanantion of the methodology of the traffic study and additional
data, as needed.
12.3. ADEQUATE TRAFFIC CAPACITY
12.3. 1 Prior to granting a special permit or special permit with site plan
review in those cases covered by subparagraph 12. 1.2 or as may be
required elsewhere in this By-Law, the SPGA shall determine that the streets
and intersections likely to be affected by the proposed development currently
have, or will have as a result of traffic improvements , adequate capacity, as
defined in subparagraph 12.3.'L. In making its determination of adequate
capacity, the SYGA shall consider at least the cumulative effect on a street
or intersection likely to be atfected by the developmet�[ , as provided in
subparagraph 12.2.3, of: 1) existing traffic conditions , 2) estimates of
traffic from other proposed developments which have already been approved in
part or in whole by the Town of Lexington for which a traffic study was re-
quired or by ofYicial action of an abutting .city or town, which have not yet
been opened for use prior to the date that the traffic counts required by this
section were taken, and 3) estimates of traffic from the proposed devel-
opment.
12.3.2 ADEQUATE CAPACITY DEFINED BY LEVEL OF SERVICE
Adequate capacity shall mean level of service "D" or better as descri-
bed in the "Highway Capacity Manual , 1985 Edition" published by the Transpor-
tation Research Board. Ir the level of sery ice that would result f rom the
---- cumulative effect, referred to in subparagraph 12.3. 1 is "E" or below, the .
SPGA shall determine there is not adequate capacity and shall deny the appli-
cation.
12.3.3 r1ITIGATING MEASURES TO IMPROVE CAPACITY
The SPGA shall consider that various traffic engineering improvements
can improve the traffic carrying capacity of.an intersection or street and
improve the level of service rating to a higher and acceptable value. The
SPGA shall consider such improvements in its determination and may make a
conditional determination that adequate capacity is dependent upon the con-
struction of the trarfic engineering improvement .
The SPGA may make a condition of its approval of the special permit or special
permit with site plan review that the start, or any stage, of the construction
of the development, or the occupancy thereof , is dependent upon the start or
completion of the traffic engineering improvement. A conditional approval
shall be dependent upon at least a start of the physical construction of the
traific engineering improvement . Letters of support , or commitment, or appro-
val , or the award ot a contract are not considered as a start of construction.
Prior to making a conditional determination of adequacy, the SPGA may consider
as evidence such letters of support , or commitment, or approval, or the award
of a contract that constuction of the traffic improvement is likely to occur
as the basis ror making a conditional determination of adequacy.
�
�� � '
Part E. Traffic Page E-5
Comprehensive CouQnercial Revision (As of 4/29/87) �
�
12.3.4 TRIP RF,DUCTIOtv RE(�UIREMENTS �
As a condition of its appsoval of a special permit or a special permit
raith site plan review, the SPGA may require actions and programs by the owner
and/or manager of a development to reduce the number of single occupant auto- ,
mobile trips made to a development, particularly during peak traffic hours,
Such actions and progams may iriclude: 1) providing a pass to employees for
use on a public transportation system that serves the development site, 2)
use of carpools and vanpools, 3) scheduling of hours of operation , such as ,
flex-time, staggered work hours, and spread scheduling that reduces [rips
during peak traffic hours, 4) preferential parking locations and arrang ements
for vehicles other than single occupant automobiles, or 5) restrictions on �
access to, or egress from, off-street parking areas during peak traffic hours.
Where such conditions are included, they shall include a reporting system
which monitors the effectiveness of the trip reduction program. The SYGA may
make a condition of the granting of the special permit or specia� permit with �
site plan review that : 1) such monitor be directly responsible to and report �
to the Building Commissioner and 2�) the applicant be responsible for the cost
of providing such monitoring systeme
�
If the }�uilding Couanissioner determines that the conditions of the special
pe miit or special permit with site plan review are not being met, he/she shall i
order the applicant to bring the development into compliance or shall take
such other corrective enforcement action as may be needed to insure compli- '
�anceo°'
i
--------------------------------------------- �
In subsection 3.6 which deals with the type of information to be furnished �
with a preliminary site development plan, by striking out subparagraph "c" , �
which deals with the information to be included in a traffic analysis, in its j
entirety and by inse rting in place thereof: "c. r� traffic analysis meeting
the requirements set forth in subsection 12.2e°' I
I
--- END OF PART E. T12AFFIC ---
i
�
i
i
�� �
� I
I
_._ �
�
---- ---- -------_---—-------------1- --------------------- ------
, r�y
c}1.cJ
Y
PART F. - REVISIONS TO TABLE 2, SCHEDULE OF DIMENSIONAL CONTROLS (4/29/87)
F. In Table 2, Schedule of Dimensional Controls, by making the following
� changes:
( 1. ln the column headings showing the symbols for the zoning districts, by
�----- striking out the. symbols: "CR, CH, CO and CG" and all the numbers, dimensions
and other notations in those cotumns and by inserting the symbols: "GRS, CS,
CLO and CRO" ;
2. By striking out the dimensional control "Minimum Side and Rear Yard Adja-
cent to Residential llistrict" and by inserting in place thereof "Minimum Side
and Rear Yard Adjacent To, Or Front Yard Facing A Residential District (f)";
3. By striking out the dimensional control "Minimum Yard Adjacent to Uther
District" in its entirety including all dimensions and notations under all the
columns headed by the symbols for the several zoning districts;
4. In the dimensional control "Maximum Height" b strking out the words
"Schoo s, Hos itals Pu i uildin s" and b insertin in place thereof the
words "Public and lnstitutional Buildings". ';
S. By striking out the dimensional control "Minimum Between Buildings" in
its entirety including all dimensions and notations under all the columns
headed by the symbols for the several zoning districts;
6. In footnote "c" by striking out the existing wording in its entirety and
by inserting in place thereof, the following: "The minimum front yard for any
other street , which is not the frontage street (see definition) , shall be two
thirds of that required for the frontage street provided the street was in
existence on January i, 19$7. In the case of a street laid out after Janvary
__ 1, 1987, the minimum front yard tacing all streets shall be the same as that
for the frontage street."
7. In footnote "d" which deals with the front yard in the C�3 district, after
the words " . . . .Muzzey St." , by addiiig the words: "Raymond Street, Vinebrook
Road and Wallis Court" and by deleting the words: "or on Bedford Street" ;
8. In footnote "e" , by adding the word "non-residential" before the word
"uses" so that the footnote as amended will read: "e. For non-residential
uses permitted by special permit, increase the required side yard by. .. . .. ."
(remainder of footnote unchanged) .
9. In footnote "f" , by striking out the existing wording in its entirety and
by inserting in place thereot: "See Section 10, Transition, Screening,
Landscaping" ; and by striking out the notation in the column headed "CB";
lU. In footnotes "h" and "i" by deleting the existing wording in its entirety
and by inserting in place thereof the word : "Reserved" . ;
11. �ty striking out the numbers , dimensions and data in ttie table that apply
to commercial districts , i .e. those whose symbol begins with the prefix "C"
and by inserting new numbers , dimensions and data as shown in the schedule
entitled "F. RF;VISIUNS TO SCHEllULE OF DIMENSIUNAL CONTROLS FOR COMMERCIAL
("�` llISTRICTS" which is attached.
I
l
��.�!��—
I
� I
I
1
N � y
o -�I
0^0 . Y�+ O v1 O � O O V1 M �t1 e'r1 u'1
4J � � U C'� � ^'1 v1 J N c� �Y �7
h0 O� � � ^'�
R� � t"1 � �
�
�
;t-� CJ e\°
�+ � O O O O �n u"1 M cr'1 c�'1 u'1
° x u o o �n �n o :v :" s �
�n v ro � � � o
¢ o
� � '
I
o � �
0 o w �n o 0 o v� o r� �n :� o '
cn a o • � �r, c� r� �r, ;� :V .T c"1
H J � ^-� •
U O O
H c•1
x ,
H
cn � i
�-a 'p "J G� N � cV � ;
� :� ?. N CY. Z � c+� [�I .Z M
,..7 Z
�
r�
� O • I
W O �+ �/1 O � O O O \
,� :!� � • N �"1 �-+ N c'"1 N u'1 �"� u'1 N �1
�' C,� e. y � o C�f �Y N
O O O
U N
x
w :n � �+.� �r, o o � o o � i
p.' u'1 • N .^'f N N M :\I V1 M u'1 N i11
J] U � fA •-� e C�! �T � N '
a �n o
o - �
x
F
�
:.7 O w u'1 � O O O O \ �
� � v'1 • N M N N ^r1 N O M t!'1 �-+ v1 �.
.a J � �n -+ N �7 �-+
� u'i O
N O ~ I
� �
O C/)
3r Z
L C :s7 �. �
U � A v I,
.,.,i y
-1 � �+ U �
G .'Yi � 'O 'L7 �+ 41 � Ol CJ
�O Cx] I.+ L JJ •.� y •.�i N
rl �i �l �C tS1 tA O f.+ '-1 G4 I.+ fs+
t� �6 .7 � ?� ?� •rl •.�a rJ O �9 O
� •., o v � ,., bp �, c �
� � c� � `� ro c -, x � cn ° `n '
•,� � � to v o co a� +� �
a cn ° 's°� .� -c x G. i y o � I
c�i U H v o >+ ro ro c s� � 6 V � y
s.� s..� >+ >+ tC o TJ v L v� u 'ap i
CY OJ Cn C :s. t� �.-I sr � u ,� C ^ C
-� 9 Z C Ol S-+ C) ' tA O �•�i CO� CO'"i I
� •.�I Q L L O 'L7 N Z7 O GJ O �+' V) � •.1 -p
R1 !A �--� O O f.+ •r+ y •.1 1.! .1S r-1 � 'C Ol .-� i
E+ G :n �l ..7 Gr Cn �' :A :zr E \ .r.. C tn ,T. •r�
•� >W E E E 6 E 8 C � 6 =_+ 6 6 � C E � !
� y.�+ c� E E 6 8 E E u C 6 v 8 E ''' z7 8 �+
,..+ a ,1 •.� •� � ,� •� c� � •,� •� � �--� � M v �
sr C C C C G C •n u ?C X k � •� k S
•� •� •� ••.i •� �-+ v �9 :n ro cv 7 � cv i+
0.�i J �s. � .e. � e � � 6 :s� � � � ?� W � O '
�� '
; �
� !
i
- i
----- --- - --------------- - - - - ------ - -
r ---- ------ ---
, �
PART G. - SPECIAL PERMITS AND SPECIAL PERMITS WITH SITE PLAN REVIEW
r.._, G. In Section 3 ADMINISTRATION AND ENFORCEMENT,
� By redesignating subsection 3.5 SECURITY FOR SPECIAL PERMITS, to be subsection
3.7 and by redesignating all subparagraphs thereunder which begin with the
�- - prefix 3.5 to begin instead with the prefix 3.�7 and to change all cross-refe-
rences to the former subsection 3.5 which appear elsewhere in the Zoning By-
Law accordingly;
In subsection 3.3 SPECIAL PERMITS (SP) by striking out the first and second
paragraph under the heading and subparagraph 3.3. 1 in their entirety and by
inserting in place thereof:
"3.3.1 The Special Permit Granting Authority (SPGA) may, in its discretion,
grant a special permit for a use, building, structure, sign, off-street park-
ing or loading, modification of dimensional standards, screening or landscap-
ing, or other activity where it would not otherwise be permitted .but only in
those cases where this By-law specifically refers to a change from the provi-
sions of this By-Law by the granting of a special permit and only in those
cases where the SPGA makes the finding and determination set forth in sub-
paragraph 3.3.3.
An applicant is not entitled to a special permit and the SPGA, in its dis-
cretion, may decline to grant a special permit if it is unable to make a
positive finding and determination as required in subparagraph 3.3.2.
3.3.2 FINDING AND DETE12M1NATION _
Prior to gran[ing a special permit, the SPGA shall make a finding and
� determination that the proposed use, building, structure, sign, off-street
� , parking or loading, modification of dimensional standards, screening or land-
scaping, or other activi[y, which is the subject of the application for the
special permit:
a. complies with such criteria or standards as may be set forth in the
section of this By-Law which refers to the granting of the reques-
ted special permit;
b. is consistent with: 1) the general purposes of this By-law as set
forth in subparagraph 1. 1, and 2) the more specific objectives and
purposes applicable to the requested special permit which may be
set forth elsewhere in this By-Law, such as, but not limited to,
those at the beginning of the various sections; (For example, see
subsection 9.1 or 12.1 or subparagraphs 1.2.3, 5.2.1 or 11.1.1.) ;
c. is designed in a manner that is compatible with the existing natu-
ral features of the site and is compatible with the characteristics
of the surrounding area.
Where the SPGA determines that one or more of the following objectives are �
applicable to the particular application for a special permit, the SPGA shall
make a finding and determination that the objective will be met:
d. the circulation patterns for motor vehicles and pedestrians which
would result from the use or structure which is the subj ect of the
special permit will not result in conditions that unnecessarily
add to traffic congestion or the potential for traffic accidents on
the site or in the surrounding area; and
�T�� � �
�3
Part G, SP and SPS Page G-2 ;
Comprehensive Cormnercial Revision (As of 4/29/87)
v �
�
e. the proposed use, structure or activity will not constitute a
demonstrable adverse impact on the surrounding area resulting from: !
1) excessive noise, level of illumination, glare, dus�, smoke, or �
vibration which are higher than levels now experienced from uses �
permitted in the surrounding area, 2) emission or discharge of I
s�oxious or hazardous materi r substances, 3) pollution of " ;
water ways or ground water or ) transmission of signals that ,/ i
interfere with radio or tel sion reception.
3.3.3 CONDITIONS FOR APPKOVAL OF A SPECIAL PERMIT �
In addition to the conditions, standards and criteria as may be set
forth in the section of this By-law that refers to the granting of the special �
permit , the SPGA may impose additional conditions and limitations, as it �
deems necessary to insure that the finding and determination that it must make
under subparagraph 3.3.2 is complied with, including but not limited to:
�aa dimensional standards more restrictive than those set forth in
Table 2, Schedule of Dimensional Controls; �
b. screening or landscaping of str�rctures or of principal or accessory I
_ uses from view from adjoining lots or from a street, by planting,
walls, fences or other devices, planting of larger planting
strips , with moge or larger plant materials or higher walls or.�_ `'`�0"`� �
fences than that required in Section 10; -------�-- ��a
c. modification of the exterior features or appearance of a building
or structure;
d. limitations on the size, number of occupants or employees, method
or hours of operation, extent of facilities or other ope�ating - I
_ characteristics of a use ; �
ee regulation of the number, design and location of access drives or
� other traffic features of the proposed use; ,
f. provision of a greater number of off-street parking spaces or �
loading bays, and with greater yard setbacks, landscaping and � '
screening than the minimum standards set forth in Section 11; k
g. limitations on the number, location, type and size of signs or ...J �
illumination or modification of the design features thereof; i
h. limitations on construction activities, such as but not limited to, �
the hours during which construction activity may take place, the
movement of trucks or heavy equipment on or off the site, measures ,
to control dirt, dust , erosion and to protect existing vegetation
on the site;
i. requirements for independent monitoring, at the expense of the
applicant , and reporting to the building co�issioner, if necessary �
to insure continuing compliance with the conditions of a special �
permit or of �his By-Law;
j . limitations on the period of time the special permit shall be in I
�ffect; and �
k. such other limitation as may be reasonably related to reducing any
advesse impact on, or increasing the compatability of the proposed
use , stsucture or activity with, the surround ing area." '
in subsection 3.4 SPECIAL PERMITS WITH SITE PLAN REVIEW (SPS) , by deleting all �
of the text under the heading and before subparagraph 3.4. 1 in its entirety
and by inserting in place thereot the following:
� i
i
�
i
__ I
---- _ -- _-------------- ---- -
-----------------
�
, . � . � - . v'^ r--
Part G, SP and SPS Page G-3
Comprehensive Commercial Revision (As of 4/29/87)
"3.4. 1 A special permit with site plan review (SPS) is a type of special
permit in which a use , or one or more buildings that comprise a devel-
opment, may be permitted if the proposed development of the site meets certain
� criteria, standards or conditions as set forth in the section of this By-Law
that refers to the granting of a special permit with site plan review and to
other standards and objectives as set forth in this section. The SPGA may, in
��" its discretion, grant a special permit with site plan review but only in those
cases where this By-law specifically refers to the granting of a special
perniit with site plan review and only in those cases where the SPGA makes a
finding and determination, as set forth in subparagraph 3.4.2.
An applicant is not entitled to a special permit with site plan review and the
SPGA, in its discretion, may decline to grant a special permit with site plan
review if it is unable to make a positive finding and determination as requir-
ed in subparagsaph 3.4.2.
3.4.2 FINDING AND -DETERMINATION
Prior to granting a special permit with site plan review, the SPGA
shall make a finding and determination that the proposed development of the
si te:
a. complies with such criteria or standards as may be set forth in the •
section of this By-Law which refers to the granting of the reques-
ted special permit with site plan review;
b. is designed in a manner that is compatible with the existing natu-
_ . ral features of the site and is compatible with the characteristics
� of the surrounding area; - -
c. meets accepted design standards and criteria for the functional
design of facilities, structures and site construction;
� d. will not create impacts on the public services and facilities
serving the development, such as the sanitary sewer system, the
�= storm drainage system, the public water supply, the street system
" for vehicular traffic, the sid�walks and footpaths for pedestrian
traffic , and , in addition, for residential developments, the recre-
ational facilities, which can not be accommodated, by such services
and facilities , or where there is insufficient capacity in such
sery ices and facilites, improvements will be made to provide suffi-
cient capacity; (see Section 12. for the standards for the adequacy
of the street system to accommodate additional traff ic);
e. will not create adverse impacts, including those that may occur off
the site, or such potential adverse impacts will be mitigated in
connection with the approved development, so that the development
will be compatible with the surrounding area;
f. is consistent with: 1) the general purposes of this By-law as set
forth in subparagraph ,l. l, and 2) the more specific objectives and
purposes applicable to the requested special permit with site plan
review which may be set forth elsewhere in this By-Law, such as,
but not limited to , those at the beginning of the various sections.
(For example, see subsection 8. 1, 9.1 or 12.1 or subparag raphs
1.2.3, o�r 11. 1. 1.);
Where the SPGA determines that one or more of Ghe following objectives is
applicable to the particular application for a special permit with site plan
review, the SPGA shall make a finding and determination that the objective
will be met:
�'
�
;�
r� ,
'�._ '� i
Part G, SP and SPS �'age G-4 ;
Comprehensive Co�ercial Revision (As of 4/29/87)
� �'
I
g. that the proposed development will not present a demonstrable �
adverse impact on the surrounding area resulting from: 1) excess- �
ive noise, level of illumination, glare, dust, smoke, or vibration
which are higher than levels now experienced from uses permitted in
the surrounding area, 2) emission or discharge of noxious or hazar- �
dous m ials or substances , 3) pollution of water ways or ground
wates�or 4) transmission of signals that interfere with radio or � � I
elevis3�f rece tion• �
t P � ,_.,.1
h. that the existing land form is preserved in its natura l state,
insofar as practicable, by �inimizing grading and the erosion or ,
stripping of vegetation that may result theref rom, particularly �
from development on steep slopes, and�aintaining man-made fea- �
tures that enhance the land form, such as stone wa�ITs, with minimal ;
alteratfon or disruption; �',
i, that buildings are located: 1) harmoniously with the land form,
vegetation and other natural features of the site, 2) effectively
for solar and wind orientation for energy conservation, and 3) �
- advantageously for views from the building while minimizing the �
intrusion on views from other buildings;
j . that a system of routes for pedestrians, including bicycles, with
minimal conflicts with vehicles, is provided;
k. that all measures necessary to minimize soil erosion and to control '
sedimentation in the disturbed land area of a proposed development
are taken, such as, but not limited to, minimizing the velocities
of water runoff , maximizing protection of disturbed areas f rom
�tormwater runoff, and retaining sediment within the development i
site as early as possible following disturbances;
1. the removal or substantial alteration of bu"ildings of historic or
architectural significance is minimized and that new uses or the �
erection of new buildings are compatible with buildings or places
of historic or architectural significance; � i
m. that the natural character and appearance of the town is enhanced.
Awareness of the existence of a development, particularly a non- �
residential development or a higher density residential develop- i
ment, should be minimized by screening views of the development I
from nearby streets, single family neighborhoods or Town property �
by the effective use of existing land forms, or alterations there- i
to, such as berms , and by existing vegetation or supplemental
planting;
n. that open space on the site, particularly such common open space
and usable open space as may be required by this By-Law, is located �
and designed so as to increase the visual amenities for the sur- � '
rounding area as well as for the occupants of the development; ';
o. that the scale, massing and detailing of buildings are compatible i
with those prevalent in the surrounding area, without specifying I
any particular architectural style;
p. that construction on the site conforms to good design practice for
features such as parking and loading, grading, landscaping, drain- �
age, utilities, lighting,
q. that there is easy access to buildings, and the grounds adjoining �
them, for operations by fire, police, medical and other emergency �
personnel and equipment;
� �
�
J i
,
i
�
-- - �
' I
---- - ------- ----- -----------_--
-_--
-�-------
' � n
Part G, SP and SPS : Page G-5.
Comprehensive Commercial Revision (As of 4/29/87)
✓
r. that there is improved access to, or the development of additional
links and connections to, a Town system of public facilities such
as conservation areas, recreation facilities, footpaths or bicycle
paths, streets or utility systems;
� s. that the location of intersections of access drives with the Town's
arterial or collector streets minimizes traffic congestion;
�--� t. that electric, telephone, cable TV and other such lines and equip-
ment.are either placed underground or are as inconspicuous as
possible; that support facilities such as storage, refuse dispo-
sal, utility buildings and structures for recreational activities
are located, and screened, to form as effective a visual screen of
them: as is possible;
u. that no development shall cause downstream properties, water cour-
ses, channels, or conduits to receive stormwater runoff from a
proposed development at a higher peak flow rate, or to receive
other unreasonable impacts, than would have resulted f rom the same
storm event occurring over the site of the proposed development in
its natural undeveloped condition;
v. that adequate water quality standards are promoted giving due
regard to the conservation of surface and groundwaters for the
protection of fish and wildlife, recreational purposes and the use
of such water for public waEer supply in communities which are
downstream, by requiring that adequate pollution abatement controls
be incorporated into the drainage design of the proposed develop-
ment;
� 3.4v3 CONDITIONS FOR. APPROVAL OF SPECIAL PERMIT WITH SITE PLAN REVIEW �
- In addition to such conditions, standards and criteria as may be set
forth in the section of this By-law that refers to the granting of a special
�, permit with site plan` review, the SPGA may aEtach such conditions and limita-
' tions as it deems necessary to insure that the, finding and determination that
�--- it must make under subparagraph 3.4.2 is complied with, including, but not
limited to:
a. any of the conditions set forth in subsection 3.3.3 which appZy to
the granting of a special permit;
b. reduction in the density of development such as the number of
- dwelling units or buildings in a residential development or in the
amount of floor area in a commercial development;
c. compliance with traffic trip reduction techniques, such as those
set forth in subparagraph 12.3.4;
d. to require the provision of security, as set forth in subparagraph
3.7.
Where an applicant proposes, and will be responsible for carrying out, mitiga-
ting measures or the construction of improvements to deal with the impacts of
a proposed development or to provide sufficient capacity in Town facilities or
services, the SPGA: 1) shall make compliance with such measures or completion
of such construction a condition of the granting of, or the continued compli-
ance with, the special permit with site plan review, 2) may link the stages
of construction of such improvements to the stages of construction of the
proposed development. Where an applicant offers to make a financial contribu-
tion to the Town for the construction of improvements to increase the capacity
of Town facilities or services, with the work not to be perfo rnied by the
applicant, the SPGA: 1) shall make the special permit with site plan review,
�
L__ .
t��
I
Part G, SP and SPS Page G-6
Comprehensive Co�nercial Revision (As of 4/29/87) i
� �
if approved, conditional upon the receipt of the funds and 2) to link the j
stages of construction of the proposed development to the stages of [he com- .--
pletion of the improvement."
i
---------------------------------------------- �
i
By deleting subparagraphs 3.4. 1 through 3.4.6 in their entirety and by insert- J �
ing a new subsection 3.5 as followse �
"3.5. PROCEllURES FOR SPECIAL PERMITS AND SPECIAL PERMITS WITE1 SITE PLAN
REVIEW
3.5. 1 APPLICATION PROCEDURES �
3.5. 1. 1 INFOtZMATIUN REQUIRED
A person applying for a special permit under subsection 3.3 or a speci- • �
al permit with site plan review under subsection 3.4 shall f ile an application �
and plans, one copy of each, with .the Town Clerk and seven copies of each with
the SPGAo Such applicatian and site plan shall refer to the specific section
of this By-law, other than subsection 3.3 or 3.4, which refers to the granting 1
of a special permit or special permit with site plan review and shall include
information on the conditions, standards and criteria sufficient for the SPGA �
to make the finding and determination required by subparagraphs 3.3.2 or �
�
3.4.2. I
. The application to the SPGA for a special permit under subsection 3.3 shall be
accompanied by the following materials:
a. a plot plan, showing the location of all buildings and structures '
on the lot including existing conditions and proposed changes, if
applicable. In the case of a building or structure which is, or is '
proposed to be, close to a minimum yard setback line, the SPGA may ,
require submittal of a certified plot plan.
b. if applicable, an off-street parking and loading plan, as described i
in subsection 11.2. �
c. if applicable, a landscaping plan, described in subsection 10.2.
d. if applicable, a copy of the determination of applicability issued
by, or of a Notice of Intent filed with, the Conservation Co�is-
sion pursuant to Article XXXIII of the General By-Laws and Chapter
131 , Section 40 MGL,
e. if applicable, proposals for mitigating measures or the construc- j
tion of improvements to deal with the impacts of the proposed �
development or to provide sufficient capacity in Town facilities or
services; and �
f. any other material necessary for the SPGA to make the find ing and �
determination required by subparagraph 3.3.2 or 3.4.2 or as may be ,
required by the written rules of the SPGA.
The application to the SPGA for a special permit with site plan review under
Section 3.4 shall , in addition, be accompanied by the following materials ;
g. a definitive site development plan, as described in 3.6.4.
! � II
- ._.j �
i
i
i
I
_------ ---- ---------_--- - --- - — ---------- ----- ---
�------------
�.� ,
, ��_
Part G, SP and SPS Page G-7
Comprehensive Comaercial Revision (As of 4/29/87) �
The term "application" as used in this section shall fnclude the accompanying
materials descri ed in a through g above.
r—
�( Upon written request f rom the applicant prior to the filing ot an application,
the SPGA may waive the submission of such information , plans , studies or
analyses, or parts thereof, as may no[ be needed for, or germane to, conside-
ration of the application.
3.5.1.2 ACCEPTANCE OF APPLICATION
Upon the original submittal of an application to the Town Clerk and the
SPGA, the application shall be considered to be conditionally accepted pending
review of its contents . Within 14 days of the original submittal of the
application, the SPGA, or its designee, shall detexmine whether [he applica-
tion is complete. An application which does not contain any of the material
described in a, b, c, d, e, f, or g above, shall be considered incomplete,
shall not be considered to have been filed and shall not be accepted for
processing. If an application is determined to be incomplete, the SPGA or its
designee, shall notify the Town Clerk and the applicant in writing that the
application has been determined to be incomplete setting forth the -reasons for
that determination and that the appication is not considered to have been
filed.
If the application is considered to be complete, or if the applicant and the
Town Clerk are not notified that the application is incomplete within 14 days,
the application shall be considered to be complete as of the date originally
submitted. �
,�--- If a revised application is submitted, it shall be considered to be a new
1 ' application and shall be subject to the same procedures and determinations as
� .to completeness as are set forth above.
L....
The time periods set ,forth in this By-Law and Chapter 40A, MGL, during which
the SPGA shall notify parties in interest , hold a public hearing and issue a .
decision will not start until the application is considered to be complete.
a�!�` � t'o
3.5.2 SPGA PROCEDURES u,�
Upon the determination that an application for a special permit with ���
�ite plan review is complete, or is considered to be complete because of the
expi ation of 14 days without notification to the applicant, the SPGA shall
promptly notify the Conservation Commission, the Engineering Department ,. he.
Fire Department, the Board of Health and the Planning Board (when it is not
t e SPGA) , of the receipt of the application .and such other boards , commiss-
ions or departments as it may consider appropriate , given the substance of the
application. In the case where the Planning Board is not the SPGA, the SPGA
shall furnish the Planning Board with one copy of the complete applicati4n for
a special permit with site plan review and the Planning Board shall submit a
report and recou�end_ation to the SPGA on the application.
... ---�
3.5.3 PUBLIC HEARING, RECEIPT OF RECOMMENDATIONS
The SPCA shall hold a public hearing on the application, as provided in
Chapter 40A, M.G.L. , within 65 days after the: filing of an application which
has been determined to be complete and , except as hereinafter provided , shall
�r�"~ take final action on an application within 90 days after the hearing. The
i SPGA shall not make a decision on an application for a special permit with
� .._
,_�-, �
Part G, SP and SPS Page G-8
Comprehensive Comnercial Revision (As of 4/29/87)
� ��,e.�,:�,d,Ma, �.i d �. �vt.tu� q� �.�,e.c�a.�. �.en�� d��.�trJl-
✓ �
io,t.c.c�4- � A u � °'�O,e'�a 3S d.a�o �
site plan review until boards commissions and departments which have been i
notitie ave submitted reports or reco�endations thereon or, if reports are
not received;�until 35 days have elapsed since the date of filing of an appli—
cation which has been determined to be complete.
3.5.4 EXTENSION OF TIME FOR ACTION, LEAVE TO WITHDRAW �+ �
�J �
The period within which final action shall be taken may be extended for �
a definite period by mutual consent of the SPGA and the applicant. In the i
event the SPGA determines that the plans and evidence included with the appli— '
cation or presented to it at the public hearing are inadequate to permit the
SPGA to make a find ing and determination , in its discretion, instead of deny—
ing the application, it mayo !
a. adjourn the hearing to a later date to permit the applicant to
submit a revised site plan and further evidence, provided, however,
that such adjournment shall not extend the 90 day period within
which final action shall be taken by the SPGA, unless said period �
is extended to a day certain by mutual consent, or �
b. grant a leave to withdraw without prejudice so that the applicant
, may submit a revised application which shall not be considered as a �
repetitive petition. Such revised application shall be treated as i
a new application.
;
3.5.5 DECISION OF THE SPGA
The SPGA may grant, grant with conditions, deny, or grant a leave to
withdraw an application for a special permit or a special permit with site I
plan review. A decision to grant, or grant with conditions, shall cite the �
specific section of this By—Law which refers to the granting of a special
- permit or special permit with site plan seview and shall incorporate by refe—
rence the plans referred to in 3.5.1 which have been filed with the applica—
tion. A copy of the decision shall be filed with the Town Clerk and the �
Planning Boar , w en it is not the , and shall be furnis e to the a li— �
ca_ n� ---�
Any person a rieved by a decision of the SPGA ma file an a eal to a court �
o the Commonwea�th by bringing an action within 20 days of the date t e �
decision was filed with the Town Clerk, as provided inZ apter A Section �
17 , M. .L.
An applicant is not entitled to a special permit or a special permit with site '
plan review and the SPGA, in its discretion, may decline to grant it if the �
SPGA is unable to make a positive finding and determination as required in �
subparagraph 3.3.2 or 3.4.2. ,
I
The applicant shall be responsible for filing in the Registry of Deeds or, I
where applicable , in the Land Court of the Co�nonwealth, a copy of the deci—
sion of the SPGA granting a special permit or special permit with site plan
review. Prior to the issuance of a building permit, the applicant shall ;
present to the �uilding Cotmnissioner evidence of such recording.
3.5.6 CONDITIONS FOR APPROVAL OF SPECIAL PERMIT WITH SITE YLAN REVIEW
In addition to the conditions , standards and criteria set forth in the
section of this By—law that authorizes the granting of a a special permit or a
special permit with site plan review, the SPGA may attach such conditions
� I
� I'�
J i
I
_____--� �
- '
-- -------- ---- ----�--- -- _ --------- ---- -- __---—
'�cj�
i . . . i1 L.�t V
��\ ,
Part G, SP and SPS Page G-9
Comprehensive Comnercial Revision (As of 4/29/87) /�
�/
and limitations as it deems necessary to insure that the finding and determi-
na[ion that it must make under subparagraphs 3.3.2 or 3.4.2 is complied with.
,,�,r In the event that the SPGA approves a special permit or a special pezmit with
( site plan review, any use or any construction, or any subsequent reconstruc-
I� tion or substantial exterior alteration shall be carried out only in conformi-
- � ty with all conditions and limitations included in the decision of the SPGA, — '
and only in essential conformity wit C�ie application and the definitive site
plan on the basis of which the finding and determination was made.
3.5.7 SPGA FAILURE TO TAKE ACTION
In the event the SPGA shall fail to hold a public hearing or shall fail
to take action on an application within the times set forth in subparagraph
3.5.3 or within such extended period as may have been mutually agreed under
subpararagraph 3.5.4, then upon the expiration of said times, the SPGA shall
be deemed to have granted the application.
3.5.8 REVISION OF SPECIAL PERMIT
Subsequent to a special permit or a special permit with site plan
review granted by the SPGA, minor revisions in the plan may be made from time
to time in accordance with applicable law, by-laws , and regulations , but the
use or development approved under such special permit or special permit with
site plan review shall otherwise be in accordance with the plans referred to,
and such conditions as may be included , in the decision of the SPGA. The
developer shall notify the SPGA in advance of any such revision which shall
. � not be effective until approved by vote of the SPGA. If the SPGA determines
� such revisions not to be minor, it shall order that an application for a
revised special permit or special permit with site plan review be filed , and a
public hearing be held in the same manner as set forth in Section 3.5.3.";
�:
{ ---------------------------------------------
� _
by redesignating the existing subsection 3.3.2 CONFORMING TO SUBSEQUENT AMEND-
MENT in its entirety and any cross-references thereto to be subsection 3.5.9.
and by inserting the words: "or special permit with site plan review" after
the words: " . . .special permit . . ." where they appear in the first sentence and
in the second sentence; and by striking out the word : "issuance" in the first
sentence and by inserting in place thereof the word: "granting" so that the
phrase as amended will read : ' . ..after the granting of the permit..." .;
END OF PART G
�
t� _'
r'� y, .
ti
` ... i
i�f,s -P�a�T �s c.t� �4rv� E� �N � o�rn t�T" o ti�y . �� Nft-s a �u� Y Ttf� j
Gt)ORD/N 6 AJ�G6SSi4-2tl ro� r K� �a'�'�� ou. NO GHhN�E e�v DIST�ecT ,
��st �-� A��/oe� r=QoM -r�N� 3�3i�8� ��or�cN o-s F'�PoAosED. I
PART H. - REDESIGNATION OF COMMERCIAL DISTRICTS
H. By changing the zoning district designation on the Zoning Map accord ing to �
the new classification of zoning districts and as indicated in the tables
below. Reference to the district number below is to the district numbers of �
the several zoning districts as they appear in "Town of Lexington, Mass.
Zoning District Maps" dated Novembes 1, 1976, prepared and published by the I
Planning Boarde
1. CHANGE IN SYMBOL AND TITLE ON TH�. ZONING MAP GENERALLY SUCH AS THE LEGENll I
Former District Symbol and Title New District Symbol and Title
CO Office CLO Local Office i
CR Office and Research Park CRO Regional Office ;
CM Manufacturing and Research Park CM Manufacturing
I
by remov ing the following two distsicts from the Zoning Map �
CG General Business - �
�I� Hotel, Offices and Research Park � �
by adding the following two new district designations to the Zoning Map i
CRS Retai� Shopping
CS Service Business �
� I
2. CHANGE IN SYMBOL AND TITLE ONLY OF SPECIFIC DISTRICTS I�
All existing districts now designated "Office CO" shall be designated "Local I
Office CLO"; all existing districts now designated "Office and Research Park
CR" shall be designated "Regional Office CRO"; all existing districts now
esi nated "Manufacturing and Research Park CM" shall be designated "Manufac- I
d g
turing CM'° ;
i
3< CHANGE IN DESIGNATION OF SPECIFIC DISTRICTS i
Existing District New District Designation ''
and Location Symbol and Title i
I
CN Neighborhood Business llistrict No. I
School St - Lincoln Street 23.63 CL0 Local Office ,
i
I
�
I
-_------- ---. _...-------- -- _— -- -- --- --- —-------- ------- -- — __ . -- —----___
T
�
��_
Par[ H. Redesignation of Districts, Page H- 2
Comprehensive Coffinercial Revision (as of 4/29/87)
CG General Business District No.
Bedford SC - Worthen Road 23.95 CRS Retail Shopping
23.96
.�--
Bedford St south side - at B&M RR ROW 23.75 CS Service Busir.ess
�,_ _
Lowell St Woburn St 23.84 CRS Retail Shopping
Lowell St - North St 23.82 CS Service Business
Marrett Rd - Waltham St
North of Marrett Road 23.85 CN Neighborhood Business
23.76
South of Ma=rett Road 23.77 CRS Retail Shopping
23.78
Marrett Rd - Spring St 23.79 CS Service Business
Marrett Rd - Lincoln St - Five Forks
West of Marrett Road 23.83 CLO Local Office
East of Marrett Road 23.80 CS Service Business
Mass. Ave - Sylvia St 23.71 CN Neighborhood Business
�. Mass Ave, north side f rom Arlington 23.91 CRS Retail Shopping
� , line to RT district
``�" Mass Ave - Independence Ave 23.73 CN Neighborhood Business
Mass Ave - Curve St 23.72 CLO Local Uffice
Waltham St at city line 23.86 CRS Retail Shopping
(lot partly in Waltham)
Woburn St - Fletcher Ave 23.81 CS Service Business
CH Hotel, Office and Research Park District No.
Bedford St - Route 128 - Hartwell Ave. 23.21 CRO Regional Office
Marrett Raad at Route 2A 23.22 CRO Regional Office
�;
���
Part H. Redesignation ot Districes, Page H- 3
Co�prehensive Co�nercial Revision (as of 4/29/87)
i,
4. SUBDIVISION OF AN EXISTING llISTRICT INTO TWO NEW DISTRICTS �
a. Boundaries of a proposed new district created from part of the existing
°'General Business CG" district on the north side of Bedford St near Larchmont �
Lane, identified as distric[ number 23.74, to be designated as a "Local Office '�";
CLO" districts j
J
'°Beginning at a point on the eastPr.ly line of Bedford Street near its inter-
section with Larchmont Lane, said point being the fntersection of said street '
line with the lot line separating Assessor's lot number 76 now or formerly of
the Liberty Mutual Insurance Company and Assessor's lot number 77 now or ,
formerly of Moore Realty Trust as shown on Town property map number 64; thence �;
Alortheasterly along land now or formerly of Moore Realty Trust, Blanche T.
Johnson, Murat and Lucille M. Marash, and Philip L. and Joseph I
Co Tropeano, one course, comprising + 680.82 feet; �
Northeasterly along the existing boundary line separating the General Busi- i
ness CG district from the One Family Residential RS zoning i
district , said line being the straight line extension of the
line described above, said line traversing land now or formerly
of Philip L. and Joseph C. Tropeano, and Daniel M. and Janice
C, Whitney, one course , comprising + 529 feet;
I
Northwesterly along land now or formerly of the B b M Railroad, one course,
_ comprisin� + 175 feetn -
Southwesterly along land now or formerly of the Town of Lexington, one
course, comprising + 8Q ¢eet; '`� �
Northwesterly along land noW or formerly of the Town of Lexington, one „�
course, comprising + 185 feet; I
Southwesterly along land now or formerly of the Town of Lexington, one �
course, comprising + 320 feet;
Northwesterly along land now or formerly of the Town of Lexington, one
course, comprising + 260.8 feet; '
;
Southwesterly along land now or formerly of the Town of Lexington, one i
course, comprising + 274.8 feet;
�
Southeasterly along land now or formerly of Craig A. Foster, and Donald F. �
and Edith M, Kaplan, one course, comprising +� 72.7 feet;
Southwesterly along land now or formerly of Donald F. and Edith M. Kaplan,
one course , comprising + 196 feet;
Southeasterly along the easterly line of Bedford Street , three courses,
comprising 272.95 feet , to the point and place of beginning.
I
� �
: � �
� �
�
�
�
_ __ �
--- —__
_--- ------ --- ------
--- -___—-------
, ri�
Part H. Redesignation of Uistricts, Page H- 4
Comprehensive Co�nercial Revision (as of 4/29/87)
Comprising 7.31 acres of land, more or less; all such distances being approxi-
mate.
Such land is shown on property map number 64 of the Town of Lexington, dated
January 1, 1986."
�'
�- � b. Boundaries of a proposed new district created from the remainder of the
existing "General Business CG" district on the north side of Bedford St. near
Larchmont Lane, identified as district number 23.74, to be designated as a
"Neighborhood Business CN" district :
"Beginning at a point on the easterly line of Bedford Street near its inter-
section with Larchmont Lane, said point being the in[ersection of said street
line with the. lot line separating Assessor's lot number 181 now or formerly of
Moore Realty Trust and Assessor's lot number 74A now or formerly of Donald F.
and Edith M. Kaplan as shown on Town property map number 64; thence
Northeasterly along land now or fo�erly of Moore Realty Trust, one course,
comprising + 196 feet;
Northwesterly along land now or formerly of Moore Realty Trust , one course ,
comprising about 72.7 feet;
Northeasterly along land now or formerly of Moore Realty Trust , and Lexington
Council 4�94 Knights of .Columbus Association, Inc. , one course,
comprising + 274.8 feet; -
� Southeasterly along land now or formerly of Lexington Council ��94 Knights of
Columbus Association, Inc., one course, comprising + 260.8
� feet; —
�
�-� Northeasterly along land now or formerly of Philip L. and Joseph C. Tropeano,
one course, comprising + 320 feet;
Southeasterly along land now or formerly of Philip L. and Jose ph C. Tropeano,
one course, comprising + 140 feet;
Northeasterly along land now or formerly of Daniel M. and Janice C. Whitney,
one course , comprising + 80 feet;
Northwesterly along land now or formerly of the B � M Railroad, one course,
comprising + 1 ,400 feet;
Southeasterly along the easterly line of Bedford Street, three courses ,
comprising + 800 feet, to the point of beginning.
Comprising eleven acres of land , more or less; all such distances being
approximate.
Such land is shown on property map number 64 of the Town of Lexington, dated
January 1, 1986."
------ End of Part H ------
r C�,
�\. . _ . _ _ _ ._._.
PART I: ADJUSTMENTS, CORRECTIONS TO EXISTING BY-LAW
I
This part includes changes in references, cross-references , numbering, symbols
for districts and the like necessita[ed by adoption of Parts A-H. These are
not intended to change the meaning of the By-Law. i
1. In SECTION 2 DEFINITIONS, in the definitfon "BUSINESS DISTRICT" , by I�
striking out the word "BUSINESS" in the title and by inserting in place �-'
thereof the word "COMMERCIAL" so that the title reads "COMMERCIAL DISTRICT"
and by inserting the definition, as corrected, in the proper alphabetical
sequence; and by inserting a new definition, �n the proper alphabetical
sequence, as follows: "BUSINESS DISTRICT: Same as °'COMMERCIAL DISTRICT" �
2. In SECTION 2 DEFINITIONS, in the definition "JUNKYARD" , by striking out
the number "10.2" after the word "line" and by inserting in place thereof
"18.3" so that the cross-reference is to line 18.3 in Table lo
. 3. In subparagraph 3.6.2 a 1) which refers to the preliminary site
�
development and use plan for a pianned coimnercial district, by striking out
the words "Use Regulations Schedule" after the words Table 1 and by inserting i
in place thereof the words "PERMITTED USES AND DEVELOPMENT STANDARDS" s �
4. In paragraph 7. 1.2 which refers to residential uses in other districts, �i
by striking out the district designations "CH" and "CG" and by inserting in �
place thereof the district designations "CS" and "CRS"; and by ehanging the i
district designations "CR" to "CRO" and "CO" to °'CIA" e
5. In paragraph 7.4.7, in the title "FRONTAGE ON TURN-AROUND IN CR AND CH '
� DISTRICTS" , by striking out the words "CH AND" and by changing the distr'ict
designa[ion "CR" to "CRO" , so that the title reads, "FRONTAGE ON TURN-AROUND _ �
IN CRO DISTRICTS"; and in the first sentence by striking out the words "and
CH" and by changing the disrrict designation "CR" to "CRO" , so that the '
sentence reads, "In CRO districts.. . .'° . I
�
6. In subparagraph 8.6.4.c, by striking out the number °'9.6.4.a" in the ;
last sentence and inserting in place thereof "8.6.4.a" . '
7. In paragraph 9.4.2, in the last sentence, by adding the words "with site ,
plan review" after the word "permits" and by adding the words "and 3.5" after
"Section 3.4"; so that the sentence reads, " In acting upon applications for
special permits with site plan review, the SPGA shall be governed by the !
provisions of Section 3e4 and 3.5.'° , i
8. In paragraph 9.4.6, in the last sentence, by striking out the numbers
"3.4" and inserting in place thereof the numbers "3.5" .
9. In paragraph 9.4.8, in the first sentence, by striking out the word
°'considerations" and inserting in place thereof the words "finding and
determination''; by deleting the following subparagraphs : "a., b., c., e., f., I
g. , h. , i . , j . , k."; by deleting the first sentence in subparagraph "d." , ;
?,rchitectural Character; and by renumbering subparagraph "d." to be "a."
I
---� I
�
. I�
-- ' �
-----
- -- ----- --
------------ --- __--_____ __
r,--��
, v:�Wl
— - _ _ .._ _. ._ _---- ---�
_ _ �s
Part I. Technical Corrections Page I-2
Comprehensive Commercial Revision (as of 4/29/87)
10. In subparagraph 11.3. 1.5)a. by striking out the number "6.0" after the
word "Section" and inserting in place thereof, "7.0 and 8.0".
11. In subparagraph 11.3.3.5) by inserting after the word "Restaurants" the
i words "and other eating or food service uses".
��� 12. In paragraph 11.6.1 in the first sentence by striking out the words "such
dwelling" and by inserting in place thereof, "a two-family dwelling and not
more than three outdoor parking spaces serving a one-family dwelling," .
13. In paragraph 11 .6.2 in the table, by striking out the district
designation "CG" and by inserting in place thereof the district designations
"CS" and "CRS"; by deleting the district designation "CH"; and by changing the
district designations "CR" to "CRO" and "CO" to "CLO".
14. In paragraph 11 .6.2, by inserting before the word "NOTE:" a new
paragraph, as follows , "Section 10 may require greater setback requirements
than as set forth in the above table." . � ,
15. In paragraph 1i.6.3, by inserting a second paragraph as follows, "NOTE:
Section 10 may require greater setback requirements than as set forth above." o
16. In paragraph 11.6.6, by inserting after the title and before su�paragraph
a. the following sentence, "NOTE: Section 10 may require more ex[ensive
setback, transition and screening requirements in addition to those set forth
below." . -
17. In paragraph 11 .7.9, by inserting after the title and before subparagraph
.— a. the following sentence, "NOTE: Section 10 may require more extensive
� j landscaping requirements in addition to those set forth below."
��
I
:
.� `
;� _.A
. -
(A��bu�n2�` S���io�'-'A��ua1`Tdw�i'Me�ti�g'-`Ap�i1`29; ` 19$7; 'eb�t.) �,�__�
ARTICLE 43. ZONING BY-LAW, COMPREHENSIVE REVISIONS COMMERCIAL DISTRICTS, '
PERMITTED USES
Judith Uhrig, Planning Board Chairman, asked that the report of the
Planning Board be accepted and placed on file. The Moderator declared
the report to have been accepted and placed on file. 8:25 p.m.
Mrs. Uhrig made the following motion:
�MOTION: I move that the Zoning By-Law be amended as �amended by:
set forth in the motion entitled "Motion for the Town Rotberg,
Clerk" which is attached to the Planning Board's Part 2 -
report on this proposed amendment. [ see below]AND
�i ' 8:2� P�m� see Pages 140,141,
j_ 15�'�(also51�751.�8)
Mrs. Uhrig explained the history of the zoning by-law and the reasons the
Board seeks change.
Jacquelyn Smith, Selectman, voiced unanimous support of the article.
8:44 p.m. ,
Mrs. Uhrig responded to a series of questions from Joel Adler, Pr. 1,
regarding the Countryside area. 8:58 p.m.
Arthur Smith, Pr. 2, asked what the effective date of this article would
be if passed tonight. Town Counsel, Norman Cohen, explained that zoning
by-laws need a 2/3rds vote to be carried, would be submitted to the
Attorney General for approval within 90 days of receipt, advertised9 and
would be effective at that point as of the date it passed. 9:00 p.m.
Robert Rotberg, Pr. 3, moved the following:
MOTION: That the motion under Artic2e 43 be amended as follows :
In part C. - Table 1, line 8.14, strike out "SP" and substitute
therefor "N" . (not passed-see Page 140) I
� --------------------------------------------------------------
, In 10.11 (CRS) strike out "Y" and substitute therefor "N" �Passed-
10.12 (CRS) strike out "Y" and substitute therefor "N" see Page ,
�-- 10.13 (CRS) strike out "Y" and substitute therefor "N" 140) �
9:04 p.m.
Karsten Sorenson, Planning Board, spoke on the zoning as to liquor stores
and gasoline stations and recommended voting against this amendment.
� 9:08 p.m.
Joel Adler, Pr. l, voiced support of the amendment, as did Sheldon
Spector, Pr. 8. Sam Silverman, Pr. 5, questioned if further bowling
alleys would be ruled out and Mrs. Uhrig replied yes. 9:10 p.m. ,
Vicki Schwartz, Pr. 2, asked why this could not be "SP"? Mr. Rotberg
asked for a way to close out "SP" in the small CRS zones. 9:11 p.m
Richard Michelson, Pr. 8, urged Town Meeting to vote against.9:16 p.m.
Lloyd Gilson, Pr. 7, asked for the vote on the amendment to be divided
into two parts. The Moderator agreed. 9:16 p.m.
Ephraim Weiss, Pr. 5, stated that this is a vote on use. 9:16 p.m.
In reply to Marthur Kalil, Pr. 7, Mrs. Uhrig stated that a use could be
sold. 9:18 p.m.
`� ' Paul Riffin, Pr. 3, asked if under the present by-law the only place that ,
a liquor store is permitted is in a CD district? 9:19 p.m. !�
s
Robert Bowyer, Planning Director, .responded. 9:20 p.m.
James Barry, Pr. 1, supported the amendment. 9:21 p.m.
Following a voice vote on the first part of the amendment, the Moderator '
declared it not to have passed. 9;22 p.m.
Town Meeting rose to doubt the vote and the following standing vote was ,
recorded:
/��
A.�.�.=-�- (Adjou�n�� Session - Annual Town Meeting - April 29, 1987, Cont )
Precinct Yes No
1 5 �
2 5 g
3 7 9
4 3 12
5 10 S
6 5 11
7 6 9
g - 4 10 i
g 8 10 i
At large 4 16 �
!
�
Totals 57 97 '
The Moderator declared the first part of the motion not to have passed.
9:26 p.m '
Following a voice vote the Moderator declared the second part of the
motion to have carried. 9:27 p.m.
Richard Michelson, Pr. 8, questioned the number of substantial changes I
which had been made via amendments and if they feZl outside the i�
presentation of the public hearings. 9:30 p.m. �
Town Counsel Norman Cohen replied that nothing in the final motion was �
outside .the scope of the article. 9:31 p.m. !
Mr. Michelson spoke against. 9:41 p.m. 'i
Mrs. Uhrig replied to a number of questions concerning specific uses by
Albert Zabin, Pr. 1; Richard Michelson, Pr. 8; Jacquelyn Ward, Pr. 7.
9 :45 p.m.
Mrs. Uhrig then proceeded with Section H. 9:46 p.m. �
Robert Whitman, Pr. 7, offered the following amendment to Article 43: j
MOTION: Under Part C, line item 11.14, under CRS change N to SP. �Passed -
see below)
Mrs. Uhrig stated that the Planning Board had no problem with the �
amendment. A series of comments and questions and answers ensued.
10:00 p.m.
I�
Following a voice vote the Moderator declared the motion as offered by ,
Mr. Whitman to have carried. 10:02 p.m.
Further questions on definitions were asked and answered. Mrs. Uhrig
introduced Dan Began, a traffic consultant, who spoke on standards and
criteria in connection with Section E, Traffic. 1Os12 p.m. ;
A series of questions and answers on traffic issues followed the
presentation. Ira Richer, Pr. 3, proposed a change involving Level of ,
Service. 10:27 p.m. ',
Robert Bowyer, Planning Director, told the Meeting of court action which
involved traffic considerations, both in Lexington and other towns. He
stated that the Board had worked hard to bring Lexington into a position ,
which would work with the current court decisions. Level of service D or
better, or correction to Level of Service D or better, is what the Board
has worked to achieve. This amendment places Lexington at risk.
10:38 p.m. �i
� I
Ira Richer, Pr. 3, replied that the issue is what is appropriate for "°'� �,
Lexington, not �ambridge or Carlisle. He presented slides. 10:43 p.m.
�
I
i
�
�� �
(Adjourned Session - Annual Town Meeting - April 29, 1987, cont.)
Mr. Richer, Pr. 3, offered the following amendment to Article 43: '
MOTION: that the motion under Article 43 be amended as follows:
In Part E. Traffic, Paragraph 12.3.2 the reference in the first
sentence to level of service "D" be changed to "C" and the reference in
the second sentence to "E" be changed to "D".
(not passed - see b.elow) 10•44 p.m.
Mrs. T3hrig urged strongly that the amendment not be passed. Mr. Began
further clarified standards and rates of calculation. Mr. Bowyer stated
that trafffic level of service is subject to change with improvements.
10:47 p.m.
The following members spoke:
Richard Canale, Pr. 9, in favor; Jacquelyn Smith, Selectman, urged
defeat; Fred Rosenberg, Pr. 9, in support; John Hayward, Pr. 5, spoke
against; Carol Grodzins, Pr. 3, stated :that the argument was ridiculous
and safety should be the prime concern. 10:56 p.m.
Following a voice vote the Moderator declared the amendment defeated.
10:57 p.m.
Mrs. Uhrig moved to postpone Article 43 until Wednesday, May 6.
Fol•lowing a voice vote, the Moderator declared Article 43 postponed to
May 6. 11:01 p.m. .
James McLaughlin, Pr. 8, moved that the Meeting be adjourned until
Monday, May S, at 8 p.m. Following a voice vote the Moderator. declared
the meeting adjourned. 11:02 p.m.
� A true copy. __._,
�_ Attest: � �
.•�c.e_
Bernice H. Fallick
Town Clerk `
I
�;
� _�
� � � � �
„ , 2
ADJOURNED SESSION - ANNUAL TOWN MEETING
MAY 4, 1987
The meeting was called to order by Moderator iKargery M. Battin at
8:04 p.m. , in Cary Memorial Hall.
There were 174 Town Meeting Members present. r
i
The invocation was offered by Reverand Susan Geissler, Assistant I
Rector, Church of Our Redeemer. 8:04 p.m.
John Eddison, Selectman, presented the Exemplary Teacher Award.s of �
the Battle Green Chapter of the Order of DeMolay to Judith Wiggin and
Frank Meehan. 8:05 p.m. �
i
Senator Richard Kraus made presentations to the National Merit �
Scholars. 8:14 p.m.
The Moderator outlined procedural matters for the evening.
8:16 p.m.
ARTICLE 2. REPORTS
Shepard Clough spoke concerning supplemental appropriations under Article �
h and Lynda Wik further explained the School Budget implementation. �
8:21 p.m.
Donald Giller, Pr. 4, stated that he is philosophically opposed and !
concerned about user fees which a student activity fee is. 8:21 p.m. +
Esther Arlan, TMMA, requested payment of dues. 8;22 P•m• I
�-�,, �
Joel Adler, Pr. 1, spoke of tne upcoming Special Town Meeting.8:23 p.m. ) i
Sam Silverman, Pr. 5, moved Reconsideration of Article 34, Conservation
•o�
Purchase - Tower Park, in order to add an amendment which wouid allow the I
Town to apply for self-help reimbursement from the State. The motion for
Reconsideration of Article 34, as offered by Mr. Silverman, was carried
by unanimous voice vote. Joyce Miller, Conservation Commission, moved i
the following: '
i
MOTION: The motion under Article 34 be amended by
adding at the end thereof the following: �
”; and that the Selectmen be authorized to apply for, i
accept, expend and borrow in anticipation of federal (passed-
and state aid that may be available for the see below) 1
proj ect,.. 8:27 p.m. ,
The Moderator declared the motion to have been �
carried by unanimous voice. $;2g p.m� �
Shepard Clough moved for Reconsideration of Article b. Reconsideration
of Article 6, as offered by Mr. Clough, was carried. '
8•30 p.m. I,
Mr. Clough offered the following amendment to Article 6: ^� '
i� ,
MOTION: That the motion under Article 6 be amended � �
by adding at the end thereof the following: (passed-
"; and that the sum of $50,000 be appropriated for see below)
i
Public School Education, and to raise such amount
$50,000 be transferred from the Excess and Deficiency
Account." 8:31 p.m. ''
John Eddison, Selectman, voiced support, as did Michael 0'Sullivan, �
Appropriation Committee. �
i
The Moderator declared the amendment to have carried unanimously.
8:32 p.m. i
i
-- —
�-- -- — —- --- -----_ _
� ��
(A,djourned Session - Annual Town Meeting - May 4, 1987)
Following a voice vote the Moderator declared the motion as amended to
have passed unanimously, � - ` 8:33 p.m.
Under Article 2, Reports, Mr. Eddison. outlined. the proposed schedule for
Town Meeting. He presented charts related to the B.udget: Tax Rate
Projection, Reconsideration Articles, Recommended Cuts (Stabilization
Fund, Water Mains, Free Cash).
8:43 p.m.
� Michael 0''Sullivan, Appropriation Committee, presented the committee's
�- - point of view, recommending early coordination and mutual conse51 Pnmthe
true global sense. '
Richard Michelson; �apital Expenditures, move�d that Article i8•51 p.m•
reconsidered. �
Nyles Barnert, Pr. 4, spoke .against, stating that water mains cannot
wait, that it is fiscally prudent to use the money now.
Following a voice vote the Moderator declased Reconsideration of Article
17 to have passed. As the Meeting rose to doubt the vote, the following
standing vote was recorded:
Precinct Yes No
1 9 9
2 15 4
3 9 �
4 3 13
5 ip 5
6 5 9
7 4 6
8 . 14 Z
9 13 4
At large 19 2 �
�__
Totals - 101 61
The Moderator declared that Reconsideration of Article 17 prevailed.
8:58 p.m.
Mr. Eddison, Selectman, moved that Article 17 be amended as follows:
MOTION: That the motion under, Article 17 be amended
by changing the figure "$550,000" to "$400,000" and (passed-
the figure "$540,000" to "$390,OD0." see
8:59 p.m. below)
j Michael 0'Sullivan, Appropriation Committee, recommended favorable
� action. 8:59 p.m.
IEphraim Weiss, Pr.' S, spoke against. 9��� P'm'
Paul Riffin, Pr. 3, mentioned concerns in other towns over Proposition 2
1/2. 9:01 p.m.
�"'^ Ronald Levy, Pr. 1, stated his opposition. 9:�2 P•m•
� � The Town Manager explained that work would go forward but that not as
�-- 9:03 p.m.
� many streets would be relined.
,
Richard Schaye, Pr. 9, suggested that the Ag.propriation Committee tutor
the Selectmen on the need to override Proposition 2 1/2. 9:05 p.m•
Following a voice vote the Moderator declared the amendment offered by
Mr. Eddison to have carried. 9:06 p.m.
Following a voice vote the Moderator declared the motion as amended to
have carried. 9�06 P.m.
i ��
(Adjourned Session - Annual Town Meeting - May 4, 1987)
Robert Rotberg, Pr 3, moved Reconsideration of Article 13, Stabilization
Fund. 9:09 p.m.
Following a voice vote the Moderator declared the motion for
Reconsideration of Article 13 to have carried.
9:09 p.m.
John Eddison, Selectman, moved the following:
,-�,
MOTION: That the motion under Article 13 be amended ;�
by changing the figure "$300,000" to "$200,000." (passed-
9:10 p.m. see
below)
Paul Hamburger, Pr. 5, suggested leaving the money in free cash. He
urged voting for the amendment and defeating the main motion.
rollowing a voice vote the Moderator declared the amendment offered by
Mr. Eddison to have carried. 9:11 p.m. �
Alan Lazarus, Pr. 6, questioned the claim against fr_se cash and Mr.
Eddison responded. 9:11 p.m.
William Welch, Pr. 2, asked how the State looks at the figures. Mr. �
Eddison replied that it is not clear cut. In the past the State looked
more favorably on Stabilization Funds rather than Free Cash.
9:12 p.m. �
Bigelow Moore, Pr. 6, asked if the bond rating is affected. Mr. Eddison I
replied yes but there would be no difference in the rating. 1
9:13 p.m. �
i
Robert Domnitz, Pr. 6, asked if the reassessment that will occur at
Emerson Gardens been factored into the budget? The Town Manager replied ;
stated that it was not in this year's budget but would be in upcoming i
years. 9:13 p.m.
i
Vicicy Schwartz, Pr. 2, asked for a further explanation. 9:14 p.m. ' i
�
Mr. Eddison replied that it is putting money away for the future, for a
rainy day. 9:15 p.m.
i
Robert Rotberg, Pr. 3, asked if Article 4 is open. The Moderator �
answered that Notice of Reconsideration had been served on Article 4, but '
indicated that unexpected amendments from the floor were frowned upon.
�
9:16 p.m. ,
Margaret Rawls, Pr. 4, joined Mr. Hamburger in requesting that this money i
be left in Free Cash which is also a savings account. It does not have
to be put into a fund which is limited to expenditure by a vote of the �
Town Meeting. 9:1� P.m. �
�
Mr. Eddison explained the reason for the Stablilization Fund input is I
that the appearance is better for the State. 9:18 p.m.
;
Sam Silverman, Pr. S, brought up the question of the number of school
personnel. 9:18 p.m. i
Mr. Marshall, Selectman, stated that cutting personnel would mean cutting I
services as well.. Payroll positions have been reduced a significant � �
amount. The Stabilization Fund is for capital. 9:20 p.m. j !
Gerald Abegg, Pr. 4, recommended Free Cash because of the simplicity. � �
Things would not be tied up in a knothole. 9;22 P.m. i
i
Marion Reilly, Pr. 3, asked if it takes a 2/3rds vote to have the money
taken out.
Following a voice vote the Moderator declared the Motion as amended to
have carried. 9:23 p.m. . I
I
Under Article 2 MaJr.tha Wood, Planning Board, presented the out ine o I
Planning Board,.articles and the schedule. She asked that the Report on
Article 42 {Technical Corrections) be accepted and placed on file. The j
Moderator declared the Report accepted and placed on file. 9:25 p.m. ;
-----
----------- --� - --- - - --- ---
�'
�`f�2.
1
I ZONING BY-LAW, TECHNICAL CORKECTIONS
-» Article 42:
�, MOTIGN FUK T�WN CLERK
�,
i � �
�,,_.
ri0TI0N: That the Zoning By-law be amended as follo�rs :
A1) Tn subs�ction 3.4. 1 FILING ItF;QUIKI:ML•'NTS, in subparagraph "a'` in the second
paragraph, by �striking out the number "3.6.2" and insertit��{ �.r� place thereof the
number "3.6.4 . In subsection 8.6 N4TIONAL FL(?UU INSURANCE AISTR�CT, in subpara-
graph "c" in the subparagraph 8.6.G, by striking out the number "9.6.4a" and
inserting in place thereof the number "8.6.4a" .
-----------------------------------------
A2) In subsection 3.4. 1 FILING REQUIREMENTS (for a special permit with site plan
review) in subparagraph b by changing tf�e wording of the first line to read .
" .. ..a copy of the dEtermination of applicability issued by, or of a notice of
intent filed with, the Conservation Commission... ." ;
----------------------------------------- -
;. A3) in subparagraphs 5.2.2 a 5, 5.2.2 a 6 (Accessory Apartments) , 5.3.2 a 4,
5.3.2 a 5 (Conversion oT Une F'amily llwelling) , and 5.4.2 a 3 (Conversion af
� Uwelling to Congregate Living racility) , by striking our the words "net floor
area" and by inserting in place thereof , the wo.rds "gross floor area, excluding
areas in the structure used for parking" e
I ------------------------------------------------
�
4 A4) in subsection 5.7.2 b 6) (Sate11.1[e Receiving AnCenna) , by adding the words
"except where accessory to a use permitted in the district by special permit
provided the antenna is subject to the condiCions of the special permit." at the
end of the sentence so tr�4r. it will read "The .antenna shall not be used for
cammercial purposes except where accessory to a use �ermitted in the district by
special permit provided the antenna is subject to t11e conditions of the special ,
permit."
-----------------------------------------------
AS) in subsection 7.3 by stri.kin�; out the words °'(Space Keserved}" and by inser-
ting the ��rords "MINIMUM LOT FRONTAGE" in tt�e title and by adding the following to
that subsection:
"7.3. 1 MINIMUri LOT �kUNTAGE KEQUIRf:U.
Every iot shall have a minimum frontage on a street , as defined in this
By-law, equal to or greater Ct1(1Il that set forth in TABLE 2 SCIiEDUL� OF llIMEN-
SIONAL CUhTRU.LS for the district in which it is l.ocated except as subsection 7.4
'� may provide. In the cas� of a lot with continuous £rontage in both a commercial
and a residential district which is proposed to be used for a cozrunercial use , the
lot shall have a minimum frontage within the commerci.al dislrict equa.i to or
greater than that required for that commercial distxict .in TABLE 2.
I:i �
�
�I --
,�
Article 42 Page 2
Technica�. Corrections
'--- 7.3.2 ACCESS
An owner shall provide a means of access for vehicles f�om the frontage
street to a principal building for emergency services , such as fire protection,
for deliveries, such as mail, and for off-street parking. Alternatively the
owner may provide the actual means of access for vehicles from another street, or �
over another lot provided a special permit for a common driveway under subpara- �
graph 11.8c is granted, provided it can be demonstrated that it is both physic-
ally and legally possible to provide access from the designated frontage streete
7.3.3 DESIGNATION OF FRONTAGE STKEET";
by relocating the second and third sentences of the definition, FRONTAGE STREET,
in SECTION 2, to appear in subparagraph 7.3.3. Those Cwo sentences read: "When a
lot is bounded by more than one street, any one of them but only one, may be
designated as the frontage street by the owner, provided that the street meets
the frontage requirement and that the principal permitted building' on the lot is
numbered on such frontage street. However, in the case of a lot bounded by two
streets forming an interior angle of more than 135 degrees, their combined front-
age may be used to satisfy the lot frontage requirement."y
I
by adding a new subsection: i
"7.3.4 MEASUREMENT OF LOT FRONTAGE �
Frontage shall be measured in a continuous line along the sideline of the i
street right-of-way between the points of intersection of the side lot lines with �
`, the street right-of-way line,"; i
by relocating the second sentence of the definition, FRONTAGE, LOT, in SECTIUN 2,
to appear as the second sectaon in subparagraph 7.3.4. That sentence reads:
"The measurement of lot frontage shall not include jogs in the street width,
back-up strips and other irregularities in street line, and, in the case of a `^' �
corner lot may at the option of the owner extend to the midpoint of the curve �
connecting street lines, instead of to their intersection.'° � �
----------------------------------------------- I
i
A6) In subsection 7.5 HEIGHT OF BUILDINGS, STRUCTURES, by inserting the words �
"in feet" after the words ".. .maximum height of a building..." where those words
appeara in subparagraph 7.5. 1 in the second sentence, in subparagraph 7.5.2 in '
the first sentence of the first paragraph and in the fourth line of the second
paragraph; after the words " . . .maximum height. . ." where those words appear in I
subparagraph 7.5.2 in the third paragraph, in subparagraph 7.5.3 in the first and
second paragraph (four places); after the words " .. .average height. .." where
I
those words appear in subparagraph 7.5.3 in the first paragraph in the first and �
the second sentence; and after the '° . . .height.. ." in subparagraph 7.5.3 in the �
first paragraph in the second sentence and in the second paragraph in the second
line.
---------------------------------------
A7) In subsection 7.5.3 AVERAGE HEIGHT OF BUILDING by deleting the first �
paragraph in its entiretye
_� I
I
! �
_1
. j
�
�
I
_
I
----- -----------
------- --�---
r��
�-
crv��
Article 42 Page 3
,
Technical Corrections
� i � �
-----------------------------------------------
A8) In subsection 8.6 NATIONAL FLOOD INSURANCE DISTRICT, in subparagraph 8.6.4a
CONSTRUCTION ABOVE FLOOD LEVEL, by striking out the date "April 1, 1978" after
the words "as set forth in the National F1ood :Insurance Program rules and regula-
� �� tions effective...." and by inserting in place thereof the date "October 1,
1986" .
-----------------------------------------------
A9) In subsection 9.3.2 STREETS, DRIVES, in the first paragraph, by adding a new ,
fourth sentence, as follows : �
"A dead-end street or dead-end interior drive is one which has only one means of
entrance and exit." �
A10) In subsection 9.5 by inserting the words " . . .with site plan review. .."
after the words "special permit" where those words appear: in the title of the
subsection, in subparagraph 9.5.7 in the second and fourth lines, and in subpara-
graph 9.5.8 in the second line.
�"
, �i -----------------------------------------------
�� r
Ail�) In Section 11 OFF-STREET PARKING AND LOADING, in subparagraph 11.1.2, by
changing the wording in the� first two lines to read:
"No building permit or certificate of occupancy shall be issued for the erection
r--� of a new building, the enlargement or increase in the net floor area of an exist-
,
� ' ing building. .... .unless off-street parking spaces or loading bays are pro-
�,__ vided.. . ;•,;
in subparagraph 11. 1.3 by changing the second sentence to read :
"If the use of an existing structure or lot , which does not have sufficient
parking or loading , including a use which has no off-street parking or loading,
is changed to a different type of use for which a differenC number of parking
spaces or loading bays is required as set forth in subsection 11.3, and there is
no increase in the net floor area, the following rules shall apply: 1) if there
is a net increase in the number of required parking spaces or loading bays � that
net increase shall be provided, which number shall not include any existing
parking spaces or loading bays , and 2) if there is a net decrease in the number
I, of required parking spaces or loading bays, that lesser number shall be the new
I basis for determining whether, in the future, there is a net increase in the
number of parking spaces or loading bays required."; and
in subparagraph 11.1.3, by adding a new second paragraph, as follows :
"If it is proposed to increase the net floor area of a building, whether by
' addition to the exterior of the building or by internal reconstruction, which
building does not have sufficient off-street .parking or loading, full compliance
' with this section for the entire building shall be a condition of the issuance of
a building perniit for the construction of ,such increase of net floor area."
� ...._ ._� .
� �
t
i _
r�e�•
_�—
»,.,
,
I
I
Article 44 ZONING BY-LAW, SWIMMING POOLS
MOTION FOR TOWId CLERIC �
MOTIONs That the Zoning By-Law be amended, as followse
--� �
Yn subsection 5.7. 1 SWIMMING POOLS AIJD RACQUET COURTS by changing the wording in �
the first sentence, to read: �
Insert:.. ."The Building Co�issioner may grant a building permit for a swimming
pool'° ... and the SPGA may grant a special permit for the construction of
.. . [delete: "a swimming pool or"J a racquet court, accessory to a residential
use, subject to the fallowing minimum conditions: a. „
�
in subparagraph a by changin� the wording to read:
"a. No racquet court shall be constructed within 15 feet, ..."and no swi�ning
pool shall be constructed within 20 feet" .. .. of (delete: .. ."the property".. . )
e . ."a lot'° ,..line. . ."or within the required minimum yard setback for a principal �
building, whichever is greater."; , �
and by adding a new second sentence, as follows:
"The setbactc of the swimming pool shall be measured to the edge of the water in 'I
the pool; the setback of the racquet court shall be measured to the fence enclos- J
ing the courte°° ;
�I
in subparagraph c, by striking out the existing sentence and inserting in place �
� � thereof: j
; ; ,°Screening at least five feet high shall be provided around the pool or court."
in subparagraph d, by striking out the existing sentence and inserting in place '
thereof:
"A fence or wall, at least five feet high for the pool and at least eight feet �� �
high for the racquet court, shall be provided so that the pool or court is com- � i
pletely enclosed. A principal or accessory building may form part of the enclo- --,
sure. All gates in the fence surrounding a swimming pool shall be self closing � I
and self-latching and the latch shall be at least four feet above the ground .";
in subparagraph e, by striking out the existing sentence and insertin in lace
thereof s g �
"No swimming pool or racquet court shall be constructed without the issuance of a
building permit.'°
I
i
�
�
' �
� �
�
i
i
i
�
I
;
--------— ____--------------------
--------------- ------ -- --
�
.- Article 46 ZONING BY-LAW, JUI�O HOUSES
MOTION FUR TOWN CLERK
(� MOTION. That the Zoning By-law be amended as follows:
1
�---�-; In subsection 9.2 SCHEDULE OF PERMITTED BUILDINGS, DENSITY AND DIMENSIONAL STAND-
ARDS, by adding a new subparagraph at the end, as follows:
"9.2.12 ADDITIONAL STAIv�ARDS AYPLICABLE TO CONVENTIONAL SUBllIVISIONS
In addition to the standards set forth in lines 9.2.1 through 9.2.8 which
apply to the planned residential development as a whole, the following shall also
apply to an individual lot in a conventional subd=ivision approved after the
effective date of this provision:
RS, RT DISTRICT RO DISTRICT
a. Maximum Impervious Surface Ratio .20 .12
and if a dwelling, including any addition thereto, which has a gross floor area
of 2500 square feet or more, is erected thereon, it shall have:
- b. Minimum Side Yard - 25 feet 25 feet
� Minimum Rear Yard"
. ; �
in subsection 9.2 SCHEDULE OF PERMITTED BUILDINGS, DENSITY AND DIMENSIONAL STAN-
DARDS, in line 9.2.Sb Minimum Yard Setback on- Perimeter of Tract, under the �
� . column headed "RS,RT" by striking out "20 ft" and inserting in place thereof "25
ft" - • -
3
�I in subsection 9.2 SCHEDULE OF PERMITTED BUILD
�_ INGS, DENSITY AND DIMENSIONAL STAN-
DARDS, in line 9.2.6 Maximum Impervious Surface Ratio: under the column headed
"RO" by aligning "0.15" under the subcolumn heading "(clus)(spec)" and under the
subcolumn heading (conv) by inserting "NR*"; under the column headed "RS,RT" by
aligning "0.20" under the subcolumn heading "(clus)(spec)" and under the sub-
column heading (conv) by inserting "NR*"; and by inserting a footnote "*No re-
quirement far a cnventional subdivision as a whole; see 9.2. 12 for individual
lots" under the words: "s.ite area (see 7.9)"
�
I
� ,� �
_
(Adjourned Session - Annual Town Meeting - May 4, 1987)
Martha Wood moved that the previous vote to bring Article 42 up after
Articie 43 be amended so that Article 42 could be brought up at this
time. 9:25 p.m. :
Frederick Hagedorn, Pr. 1, urged that Article 42 be brought up after
Article 43 since the Planning Director was absent. The Town Manager
i stated that there were people with adequate knowledge present.
-�I Following a voice vote the Moderator declared the motion as made by Mrs.
Wood to have carried. 9 '28 P'm.
------------------
Mrs. Wood moved that the Zoning By-law be amended under Article 42 as set
(passed - forth in the motion entitled Motion for the Town Clerk which is attached
sbelow) to the Planning Board's Report on this proposed amendment. 9:29 P•m-
Karsten Sorenson, Planning Board, outlined the Report on Article 42.
9:30 p.m.
Richard Michelson, Pr. 8, questioned the pa'r'king requirements.
9:36 p.m.
Frederick Hagedorn, Pr. 1, qnestioned the �iinimum Lot Frontage.
9:38 p.m.
In response to a question Mr. Sorenson explained the condition of
allowing a driveway over someone else's property would be allowed to
improve a situation. 9'41 P'm�
Following a voice vote the Moderator declared tlie motion as offered by
Mrs. Wood to have carried unanimously. 9:42 p.m.
1 Under Article 2 Mrs. Wood asked that the Report of the.:.Planriing Board•-on
1 , '�i�R.TICLE. �+�-�WIMMING PODLS," , be accepted and placed on file. The
�; _ „
Moderator declared the Report to have been accepted and placed on file.
9:42 p.m.
Under Article 44 Mrs. Wood moved that the Zoning By-laws be amended as
� (passed- set fortn in �ne motion entitled Motion for the Town Clerk which is '
see attached to the Planning Board's Report on this proposed amendment.
below) 9:42 p.m.
Robert Domnitz, Pr. 6, spoke against. Cynthia Blumsack, Pr. 5, asked if �
these requirements would be necessary for those pools in existence; Mrs.
, Wood replied in the negative. Dan Fenn, Pr. 4, questioned the height of
the screening and the length of time for growth to occur. Paul
Hamburger, Pr. 5, questioned the intent of the screening. 9:50 p.m.
j Following a voice vote the Moderator declared a unanimous passage.
9:51 p.m.
I
ARTICLE 45. ZONING BY-LAW, PROJECTIONS INTO YARD SETBACKS
" Martha Wood, Planning Board, moved Indefinite Postponement. 9:52 p.m.
' The Moderator declared a unanimous vote. .. . . 9:52 p.m.
� � ARTICLE 46. ZONING BY-LAW, JUMBO HOUSES
�M�' Eleanor Klauminzer, Planning Board, moved that the Report of the Planning
'� �Board on Article 46 be accepted and placed on file. The Moderator
I declared the �eport accepted and placed on file following a voice vote.
9:52 p.m.
, (passed- Mrs. Klauminzer moved that the Zoning By-laws be amended as set forth in
see the motion entitled Motion for the Town Clerk which is attached to the
below) Planning Board's Report on this proposed amendment. 9:53 p.m.
� Notice of Reconsideration on Article 42 - Zoning By-law, Technical.
Corrections, was served by Frederick Hagedorn, Pr. 1. 9:56 p.m.
', Following a voice vote the Moderator declared the motion made by Mrs.
I Klauminzer to have carried unanimously. 9:59 p.m.
1 /1�
(Adjourned Session - Annual Town Meeting - May 4; 1987)
ARTICLE 47. ZONING BY-LAW, _TRAFFIC ANALYSIS
Ira Richer, Pr. 3, moved to table. Following a voice vote the Moderator
declared Article 47 tabled. 10:00 p.m.
ARTICLE 48. ZONING BY-LAW, ADJUSTMENTS: FLOOR AREA RATIO, CR, CH, CM,
CD DISTRICTS ,
Joy Buchfirer, Pr. 3, moved to postpone Article 48 until after Article
43. Following a voice vote the Moderator declared Article 48 postponed
until after Article 43. 10:02 p.m.
I
ARTICLE 49. ZONING BY-LAW, HEIGHT OF BUILDINGS �
Ephraim Weiss, Pr. 5, moved indefinite postponement. Following a voice i
vote the Moderator declared a unanimous indefinite postponement. �
10:04 p.m.
ARTICLE 50. RESOLUTION, RENTAL HOUSING
Eleanor Klauminzer, Planning Board, moved that the Resolution set forth
in this Article be adopted. 10:05 p.m.
,
RESOLUTION: '
WHEREAS Lexington has ,lost 150 units of rental I
housing through the conversion of Emerson Gardens
apartments to condominia, and those 150 dwelling i
units are approximately 45% of the total number of
privately owned rental apartment units in the town,
and those 150 units provided rental housing largely
for elderly and low- and moderate-income persons; �Passed,
and as ! �
i
amended on ' I
WHEREAS the other privately owned apartment Pages 147 and �
complexes could be converted to condominia at any 148) i
time, and the State condominum conversion law
provides only short term protection for the tenants
whose residence is being converted, but does not �
prevent conversion of rental units to condominia; �
and
i
WHEREAS the Town recognizes the need for rent�l
nousing, as documented in the Planning Board's
Housing Report and as recommended for implementation
in the Housing Element of the Comprehensive Plan;
i
NOW THEREFORE BE IT RESOLVED: '
1. The most effective way to ease the impending i
housing crisis is to increase the inventory of ,
affordable rental housing particularly that suitable
for residents with low-, moderate- and fixed '
incomes. • I
�
�
2. That the Town should increase the inventory of !
affordable rental housing by a combination of � '
private and public initiatives and should not rely i i
on either initiative exclusively. i
i
I
3. That those Town boards and authorities involved '
in the production of housing take specific steps to
increase the inventory of affordable rental housing.
a. That the Planning Board is requested to
identify privately owned sites suitable �
for, and to encourage the submittal of, �
RD rezoning proposals for affordable rental �
housing to the 1988 Annual Town Meeting.
. I
--------------- '
------------
--------
� 47
(Adjonrned Session - Annual Town Meeting - May 4, 1987) �
b. That the Board of Selectmen, working in
collaboration with the Planning, Board, the
Lexington �ousing Authority and the Lexing-
ton Housing Assistance Board and other
anpropriate town boards and commissions, ,
is requested to identif y suitable publicly
owned sites and to submit to the 1988
Annual Town Meeting specific �roposals for
the development on those sites of one or
more low-income or moderate-income or mixed
- -income housirig developments which shall
include a significant amount of afforda�le
rental housing.
•
4. That the Board of Selectmen is requested to be
responsible for the analysis and implementation, if
feasible, of the following additional techniques for
providing or insuring the availability of affordable
rental housing:
a. A review of the provisions and implementa- �� ,
tion of the accessory apartment section
of the Zoning By-law to encourage its
greater use,
b.. A review of state legislation permitting
tax exemption on home additions used to
house elderly persons,
c. Acquisition by the Housing Authority,
LEXHAB or the Town of rental housing for
the elderly and low-, and moderate-income
people,
d. Assistance to elderly and low-, and moder-
ate-income tenants for the purchase of
their units.
�
5. That the Planning Board and Board of Selectmen
``" be requested to report to the 1988 and 1989 Annual
Town Meetings on progress towards the goal of
increasing the availability of affordable rental
nousing for elderly and low-, and-moderate-income
households in Lexington.;
or act in any other manner in relation thereto.
Mrs. Klauminzer stated that there should be a concerted effort to raise
the level of rental housing. 10:12 p.m.
Richard Michelson, Pr. 8, asked the Town Meeting to remember the number
of housing opportunities it had turned down in the past and urged it to
keep Lexington affordable. 10:13 p.m.
Mr. Eddison, Selectman, proposed the following amendment:
I, John C. Eddison, do hereby move that the resolution offered under
Article 50 be amended as follows, beginning with number paragraph 1:
"1. The most effective way to ease the impending housing crisis is
� to increase the inventory of affordable rental housing particularly that
suitable for residents with below median income as defined by the Boston
SMSA.
�,,, (Paragraph 2 unchanged)
(passed,
'� �l as ��3• That the Planing Board is requested to identify privately owned
sites suitable for, and encourage the su'omittal of, RD rezoning proposals
- amended for affordable rental housing to the 1988 Annual Town Meeting.
see Pages
147,148, "4. That the Board of Selectmen, working in collaboration witn the
149) planning Board, the Lexington Housing Authority, the Lexington Housing
Assistance Board (LexHAB) and other concerned committees and _
organizations, is requested to:
' a. Identify publicly owned sites and structures suitable for
residential housing use and to submit to the 1988 Annual Town Meeting
; specific proposals for the development of one or more low-moderate or
mixed income housing facilities which shall include a significant amount
I of affordable rental housing.
� � �
(Adjourned Session - Annual Town Meeting - May 4, 1987)
b. In collaboration with the Planning Board, review the way in
which the accessory apartment section of the Zoning By-law is functioning
and being administered. If appropriate, propose amendment to the by-law
or changes in administrative procedures to encourage increased
construction and use of accessory apartments.
c, �upport initiatives by LexHAB and the Council on Aging aimed at
expanding the availability of accessory apartments.
d. Encourage the acquisition by the Housing Authority or LexHAB of
rental housing for people of below median income as defined above."
(Paragraph 5 unchanged)
Nathan Becker, Pr. 1, asked for a definition of "significant." Mr.
Eddison responded that it is imprecise, but it would be reasonably
responsible. 10:21 p.m. ,
Joyce Miller, Conservation Commission, suggested further study of town- �
owned open land and spoke against the amendment. 10:22 p.m.
Mrs. Klauminzer gave an explanation in response to a question from Iris
Wheaton, Pr. 7, as to numeric definitions of income levels. 10:23 p.m.
William Spencer, Pr. 6, added correction factors such as extraordinary
medical expenses. 10:26 p.m. i
�
Ephraim Weiss, Pr. 5, stated that the market forces are greater than
Lexington. He said that the private sector is not the way to go.
10:26 p.m.
Frank Sandy, Pr. 6, supported the Planning Board and opposed the I
Selectmen. 10:28 p.m. '
Jacqueline Davison, Pr. 3, offered an amendment to Mr. Eddison's j
amendment: I
MOTION: Amend the proposed amended motion by adding
in Paragraph 4 after the words "Planning Board," the �Passed- I
words "the Conservation Commission." S�elow)
10:31 p.m.
Eleanor Klauminzer, Planning Board, voiced support of the amendment to i
the amendment. i
10:34 p.m. �
James McLaughlin, Pr. 8, stated that this is only a resolution. It would
be a good idea for all the boards to get together. 10:35 p.m.
Following a voice vote the Moderator declared the amendment offered by !
Mrs. Davison to have carried �1T13rilII1011Sly. 10:37 p.m. �
I
Donald Wilson, Pr. 2, urged full participation by the Town. 10:38 p.m. j
�
Following a voice vote the Moderator declared the amendment offered by j
Mr. Eddison to have carried. 10:40 p.m. '
Sam Silverman, Pr. 5, questioned the money assigned to various incomes.
Mrs. Klauminzer stated that the median income in Lexington is higher than
the Boston SMSA. 10:47 p.m. r I
Mr. Marshall responded to questions on the chart. 10:48 p.m. �
�
Mrs. Klauminzer responded to further questions and stated that the
Resolution identifies the problem and raises the conciousness.10:49 p.m.
,
�
I
'
� F�a3
(Adj'ourned Session -. Aunua�: Town Meeting - May 4, 1987)
_ ,
Fred Rosenberg, 'Pr. 1, moved the following:
MOTION: That the Resolution offered under Article 50
(not be amended by adding at the end of Paragraph 4:
passed- "Furthermore, the Board of Selectmeri are
see requested to provide for any non-profit organizations
below) providing direct benefits to the Town of Lexington
which would be displaced by the conversion of a site
to affordable housing."
10:50 p.m.
`�� Tina Forbes, Arts Lexington, described the program and history and the
need for housing for the arts. 10:54 p.m.
Iris Wheaton,, Pr. 7, questioned �tne wording of the Rosenberg amendment
asking if it meant providing housing. 10:57 p.m.
Mr. Eddison, Selectman, urged rejection of this amendment as 'oe�ng ioo
stringent. The intent is there but a requirement is too much of a
handcuff. 11:01 p.m.
Webb Sussman, Pr. 2, moved the question. The Moderator declared that the
ayes have it. The main motion would be put. 11:04 p.m.
Following a voice vote the Moderator declared that the amendment offered
by Mr. Rosenberg did not pass. 11:05 p.m.
Following a voice vote the Moderator declared the Resolution as offered
by Mrs. Klauminzer, amended by Mr. Eddison and amended by Mrs. Davison
to have carried. 11:05 p.m.
Mr. Eddison moved to adjourn the Town Meeting to Wednesday, May 6, at 8
p.m. 11:06 p.m.
' A true copy. ' ,.`
� � Attest: � --, `
:��%e,�s,,�,z
Bernice H. Fallick
Town Clerk
�;
�
1 ��
ADJOURNED SESSION - ANNUAL TOWN MEETING
MAY 6, 1987
The meeting was called to order by Moderator Margery M. Battin at 8:05
p.m. , in Cary Memorial Hall.
There were 170 Town Meeting Members present.
The invocation was offered by Msgr. William Murphy, Vicar Administrator,
Church of the Sacred Heart. '.
The Moderator outlined procedural matters. 8:08 p.m.
ARTICLE 2. REPORTS
Judith Marshall, Pr. 6, announced �.ne meeting of the Community Playground
Project, on May 14, at 8. p.m., in Estabrook Hall.
Joe1 Adler, Pr. 1, spoke of the Special Town Meeting called for Monday,
May 11.
Ephraim Weiss, Pr. S, stated that material received in the mail relative
to Town Meeting should be dated and signed. 8:11 p.m.
ARTICLE 43. ZONING BY-LAW, COMPREHENSIVE REVISIONS, COMMERCIAL DISTRICTS,
PERMITTED USES
Webb Sussman, Pr. 2, made the following motion:
MOTION: that Part E, Section 12.3.4, Trip Reduction
�equirements be amended as follows:
(passed-
* The word "or" in the tenth line of the first see below)
paragraph, last sentence be deleted '�
* A comma will be substituted for a period in the �,,.1
same sentence and the following added:
or, 6) .bicycle parking facilities, and other �
measures such as locker and shower facilities to ,
encourage bicyc2e commuting.
8:14 p.m. i
,
The .Planning Board voieed support.
Following a voice vote the Moderator declared the motion to have carried �
unanimously. 8:17 p.m.
Jacquelyn Ward, Pr. 7, moved the following under Article 43, Section 4, �
Table 1, Part A: i
That 1.31 be changed to read '
Off-street parking for not more than one commercial (passed- I
vehicle which shall be used ey the resident of the see below) i
dwelling. g;2p p�m� �
There were a number of procedural questions and questions concerning
definitions of t'ne word "commercial." There was lengthy debate for and '
against. i
The motion was divided for purposes of voting. ;� �'
�r i
Following a voice vote on the removal of "and shall be parked only �
in a garage." the Moderator declared passage. 8:38 p.m. '
Following a voice vote on the removal of "owned and" the Moderator
declared passage. The Meeting rose to ask for a standing vote and the �
following vote was tallied:
i
i
�
--- -------- --------- - --____
- --- ----------_---
_ _ 1�3
(Adjonrned Session-Annual Town Meeting-I�Iay 6, 1987)
Precinct Yes ... No .
1 12 _ 0
2 13 2
3 11 4
4 9 8
5 7 _ 8
6 5 11
� 7 8 5
8 1� 3
` 9 4 12
At large 11 �
Totals 90 60
The Moderator declared the amendment to have carried. 8:40 p.m.
Robert Domnitz moved Reconsideration of both amendments. 8:41 p.m.
Richard Schaye, Pr. 9, made the following motion:
MOTION: That Section 4, Line 1.31 of Table 1 in Part
A be amended by adding after the words "commercial (not asse -
vehicle" the words „ see �elow�
" , not to exceed 6000 lbs. gross vehicle weight,
8s44 p.m.
There was debate for and against, and comment as to the problems of
changing complicated articles on the floor.
Following a voice vote the Moderator declared the amendment not to have
carried. 8:53 p.m.
� Martha Wood, Planning Board, made the following motion:
In part C, TABLE 1, PERMITTED USES AND DEVELOPMENT (passed-
STANDARDS, in line 10.11, by deleting line 10.11 in see
its entirety and by renumbering lines 10.12 and 10.13
below)
to be lines 10.11 and 10.12 respectively.
Following a voice vote the Moderator declared the amendment to have
carried unanimously. 8:56 p.m.
James Shaw, Pr. 1, made the following amendment:
MOTION: That the words "three automobiles" be CPassed-
changed to "four automobiles." below)
8:58 p.m.
There was debate for and against. Several members voiced t'ne oninion
that the language was difficult, that clarification was necessary. There
was discussion as to what the definition of a "family" is, as well as a
- allows four. 9:10 p.m.
he current b law
"�arking lot. T y
,
Following a voice vote the Moderator declared the amendment to have
� carried. 9:11 p.m.
`� ` Robert Domnitz, Pr. 6, moved Reconsideration on the two amendments which
i had been offered by Mrs. Ward. 9:12 p.m.
Steven Fredrickson, Building Commissioner, outlined his procedures and
stated that the department mainly enforces complaints. 9:14 p.m.
Following a voice vote the Moderator declared Reconsideration to be
;
before the Meeting. 9:15 p.m.
� ��
(Adjourned Session-Annual Towu Meeting-May 6, "1987) � -
The Meeting rose to doubt the vote and a standing vote was tallied as
below:
Precinct Yes No
1 � 15
2 9 7
3 6 9
4 11 ( '
5 g g
6 � 12 3 -��-
7 6 9
g b g
9 11 5
At large 5 11
Totals 74 81
The Moderator declared Reconsideration not to have prevailed.
9:19 p.m.
Martha Wood, Planning Board, made the following motion:
MOTION: In Part I, numoer 12 in the third line by (passed-
striking out the word "three" and inserting the word see below)
"four" in place thereof.
I
Following a voice vote the Moderator declared a unanimous passage. �
9:20 p.m.
Carol Grodzins, Pr. 3, spoke about the methodology and philosophy
involved in creating zoning by-laws. �
James McLaughlin, pr. 8, made the following motion: ,� �
I
MOTION: It is hereby moved to amend Article 43 PART
H. - REDESIGNATION OF COMMERCIAL DISTRICTS Sub- (did not
pass-see
paragraph 3. CHANGE IN DESIGNATION OF SPECIFIC below)
DISTRICTS by adding the following: �
Existing District New District Designation
and Location Symbol and Title
CN Neighborhood Business District No.
Marrett Rd 23.62 CL� Local Office �
i
9:30 p.m. �
The Moderator recognized the attorney representing Dean Curtin, Mr.
Frederick Conroy.
I
Mr. Conroy presented Mr. Curtin's poin� of view for consideration.
I
Karsten Sorenson, Planning Board, urged defeat. 9:34 p.m. '
Following a voice vote the Moderator declared the amendment proposed by , �
Mr. McLaughlin to have failed. 9:40 p.m.
James McLaughlin, Pr. 8, proposed the follo�ing motion: � I
,
MOTION: It is hereby moved to amend Article 43 PART
H. - REDESIGNATION OF COMMERCIAL DISTRICTS Sub- (did not �
paragraph 3. CHANGE IN DESIGNATION OF SPECIFIC pass- �
DISTRICTS by adding the following: i
see Page
153) �
I
" �
I
---------- ------
---� - - --------
i53
(Adjoarned Session-Annual Town Meeting-May 6; 1987) .
Existing Distri.c� New District Designation
and Location Symbol and Title
CG General Business District No.
Marrett Rd - Spring St 23.79 _ CS Service Business
�' by excepting therefrom the property hereinafter
.._ . descrioed forming part of the existing CG General
Business District on the south side of Marrett Road
near Spring Street identified as District 23.79 to be
designai:e�i as a "local Office CLO District:
PARCEL AT 428 AND 430 MARRETT ROAD:
�ao certain parcels of land with the buildings
thereon, situated in said Lexington, Middlesex
County, Ma.ssachusetts, now known and numbered 428 and
430 Marrett Road, being shown as Lots 230A and 230B
on a plan entitled "Farmhurst Section 4, Lexington,
yIass.," belonging to Neil Mclntosh„ Tr., dated Jan. ,
1923, by C. H. Gannett C.E., duly recorded in
Middlesex South District Registry of Deeds in Plan
Book 361, Plan No. 20A. Said two, lots combined.are
more fully bounded and described as follows:
NORTHEASTERLY by Ma.rrett Road formerly Middle
Street, one hundred (100) feet;
SOUTHEASTERLY by Lot 230C, one hundred four and
14/100 (104.14) feet; (did not pass-
SOUTHERLY by part of Lot 230D; fifty-one and see below)
87/100 (51.87) feet;
� SOUTHEASTERLY again, by other portions of Lot 230D,
�- - fifty (50) feet, more or less,
SOUTHERLY again, by part of Lot 229, fifty-one
and. 8b/100 (51.86) feet; - -
NORTHAESTERLY by Lot 231, one hundred twenty-eight
and 42/100 (128.42) feet.
PARCEL AT 442 MARRETT ROAD
Three certain lots of land with the buildings
thereon, now known and numbered 442 Marrett Road,
being lots 234, 235 and 236 on a plan entitled
"Number 8 Plan of Part of Section 4, Farmhurst,
Lexington, Mass., " owned by Neil Mclntosh, Tr.,
dated June, 1923, C. H. Gannett, C.E. , recorded in
said Registry in Plan Book 361, Plan 20A.
Said three lots combined are more f.ully bo.unded
and described as follows:
NORTHEASTERLY by Marrett Road, formerly Middle
Street, one hundred fifty (150) feet;
SOUTHEASTERLY by Lot 233 on• said plan, two hundred
ninety-four and 51/100 (294.51) feet;
SOUTHWESTERLY by Lot 225 on. said plan, one hundred
� sixty-three and b6/100 (163.66) feet;
` NORTHWESTERLY by Lot 237 on said plan, two hundred
fifty-four and 22/100 (254.22) feet.
The said three lots combined have a total area of
42,224 square fee� raoce ar less.
9:46 p.m. -
Following a voice vote the Moderator stated that the amendment did not '.
pass. 9:47 p.m.
� ��journed Session-Annual Towa Meeting-May 6, 1987)
Martha Wood, Planning Board, continued with Article 43. Frederick
Hagedorn, Pr. 1, stated he had problems with the Table. Mr. Sorenson
gave a cia�ification. 9:50 p.m.
' Arthur Smith, Pr. 2, expressed distress at the complicated nature of the
by-law and aspects of the by-law which are not within the authority of
Town Meeting. He stated that he therefore would vote against the by-law
since the Planning Board had prevented Town Meeting from "deciding,"
allowing it only to "ap'prove." 9:53 p.m. •-�
Mrs. Wood ex lained Section F. 9:56 p.m. �
P �--�
Mr. Bowyer gave further explanation of procedural matters involving
Article 48 and Article 43 and �he seope of the legal notice and possible
circumventing of the required 2/3rds vote required for passage. He
explained the difficulty of predicting how the Attorney General might
read any submission.
10:02 p.m.
Joy Buchfirer, Pr. 3, asked for Alan Wade, Concord Avenue, to be
recognized, Mr. Wade presented slides speaking to the FAR and extreme
traffic problems. 10:13 p.m.
Mrs. Wood explained that Subdivision Plans already filed would receive an
eight year freeze on the zoning. She asked Lhat Jennie Rawski, Assistant
Planner, be recognized for corrections in information. 10:24 p.m.
Joy Buchfirer stated that Counsel did not rule t'nat this is outside of
the scope of the article. She made the following motion:
MOTION: That the motion under Article 43, be amended
to reduce the proposed Floor Area Ratio to 15 percent
in "CM" (Manufacturing) and "CRO" (Regional Office) ��endment
zones, by changing Part F, Table 2 ("Dimensional withdrawn-
controls") as follows: see below) �-
On the line titled "Ma.ximum Floor Area Ration '
{F.A.R.)" under the heading "CRO" ,� replace the figure
0.25 with the figure 0.15; and
On the same line, under the heading "CM", replace the
f�gur_e 0.20 with the figure 0.15."
10:30 p.m.
The Moderator recognized Caleb Warner, Concord Avenue resident. Mr..
Warner stated a personal dilemma urging support via Article 48 from the
Town Meeting. He felt the argument against amending Article 43 presented
by the Planning Board prevented him from speaking in support.
� 10:32 p.m.
Mrs. Wood, Planning Board, asked for withdrawal of Mrs. Buchfirer's
amendment. Jacqueline Davison, Pr. 3, explained how the neighborhood had
seen a problem and had attempted to work. She stated that they would be
willing to withdraw if a promise of a 2/3rds vote would be forthcoming on
Article 48. Mrs. Buchfirer withdrew the amendment she previously
offered. 10:38 p.m.
Several members spoke to ask that in the future neighborhoods continue to
work togeC'ner and with the Planning Board.
Martha Wood, Planning Board, made the following motion: ~
MOTION: In part D, in subparagraph 10.1.2 by adding
at the end re'ne words ", unless compliance with the (passed-
provisions of Section 10 is demonstrated." see below)
10:45 p.m.
Following a voice vote the Moderator declared the amendment to have
carried unanimously. 10:49 p.m.
Richard Michelson, Pr. 8, hoped that Town Meeting realized what
complications had been created both by the Planning Board and Town
Meeting and urged voting against. 10:50 p.m.
-- --- --------------- —
155
(Adjourned Session-Annual Town Meeting-lrlay 6, 1987) '
Mrs. Wood spoke concerning Special Permits. Jacqueline Davison, speaking
for TMMA, expressed views on the impact of not passing Article 43. Paul
Marshall, Selectman, spoke in favor, st:ating that by not voting for the
new by-law, one would be voting for the by-law as it stands. 10:59 p.m.
James Barry, Pr. l, moved the question on the motion offered by Mrs.
Uhrig. Shall the main motion now be put? Richard• -Michelson, Pr. 8,
called for a rollcall vote. 49 additional members did not rise to
support Mr. Michelson. 11:03 p.m.
The Moderator called for a standing vote on Article 43. The vote was
tallied as follows:
Precinct Yes No Abstain .
1 12 4
2 12 4
3 10 4 I
4 19 �
5 il 3
6 17 �
7 11 4 .
8 9 4
g � 13 � 1� �
At large 16 2
Totals 130 26
The Moderator declared the motion to have carried by more than the 2/3rds
necessary.
11:�7 p:m.
Florence Connor, Pr.8, served Notice of Reeonside.ration on Article 43.
11:07 p.m.
� John Eddison, Selectman, moved for adjournment of the Annual Town Meeting
_ to 8:05 p.m., Monday, May 11. The Special Town Meeting: called for
Monday, May 11, at 8:00 p.m. will be called to order. The intent is to
then adjourn to Wednesday, May 13, at 8:00 n.m. : This will allow time to
finish the Annual Town Meeting and to allow for further drafting on the
Special.
Following a voice vote the Moderator declared �ne meeting adjourned until
Monday. , 11:09 p.m.
,
A true copy. �
Attest: ',
Bernice H. Fa ick
Town Clerk
��"
�
,
�_..
,
,�
� �� ..
SPECIAL TOAN MEETING - MAY 11, 1987
The meeting was called to order by the Moderator Margery M. Battin at
8:04 p.m., in Cary Memorial Hall.
There were 183 Town Meeting Members present.
The invocation was offered by Reverand Arthur Kolsti, Pastor, Pilgrim
Congregational Church.
'"-'1
ARTICLE 1. REPORTS �
Albert �Zabin, Pr. 1, reported on the Lexington Housing Conversion
and Eviction By-law and procedural matters. 8:06 p.m.
Town Clerk, Bernice �, rallick, read the Warrant for the i�eeting until
further reading was waived. 8:07 p.m.
The Town Clerk read the Constable's Return of the Warrant. 8:08 p.m. �
John Eddison, Selectman, moved that this Special Town Meeting be
adjourned until Wednesday, May 13, at 8 p.m.
Following a voice vote the Moderator declared the meeting adjourned uni.il
i�ednesday, May 13, at 8 p.m.
A true copy.
Attest:
� � . ,�
a
; 1 �i
Bernice H. Fallick --� I
Town Clerk � ;
,�
i
i
i
�
i
1
I
I
�
(
i
� I
;� I
�
I
i
I
�
I
�
I
1
-------------- ---------
--- - ----------- -
----- - ----------_,
-- � � 7
; _._
�.� o
- _�..�,��.�. a --... .. . . .
AD30URNEI�;,..S.�SSIOPI -.;AN�tUA� TOWN M��TING • ,` . � _ . :
MAY 11', "19 8 7 _ ;
, ,,
The Moderator, Margery M. Battin, called the meeting to order at
8:15 p.m. , in Cary Memorial Hall.
. . _
, .. .
There were 183 �awn -�Ieeting'-Me�bers �p�esen.t:•. , �-- '
.
ARTICLE 2. REPORTS
William Kennedy, Chairman, Permanent Building Committee,
reported on the School Renovation Project. 8:18 p.m.
' Michael 0'Sullivan, Appropriation Committee, made a presentation in honor
„__ of Town Manager Robert Hutchinson's appointment to the position of
Registrar of Motor Vehicles for the Commonwealth. 8:23 p.m.
ARTICLE 48. ZONING BY-LAW, ADJUSTMENTS: FLOOR AREA RATIO, CR, CH, CM,
CD DISTRICTS
Joy Buchfirer, Pr. 3, made the following motion:
MOTION: "That the Zoning By-Law, as amended by the
vote under Article 43 of the warrant for r�nis Town
Meeting is further amended, as follows:
In Table 2, Schedule of Dimensional Controls, on the �Passed-
line "Maximum Floor Area Ratio (FAR) , under the see page
coiumn headed CRO by striking_out the number "0.25" 158)
and by inserting in place thereof the number "0.15"
and under the column headed CM by striking out the
number "0.20" and by inserting in place thereof the
number "0.15" .
Mrs. Buchfirer gave the history of this citizens' article.
Jacqueline Davison, Pr. 3, presented slides on remaining develo�mental
potential, urging support of the motion. 8:38 p.m.
Frank Sandy, Pr. 6, stated that zoning controls were necessary to
preserve the qualities wnich were sought when investments in homes were
first made. He stated that compromises previously made were a reality of
functioning. He urged Town Meeting to preserve the quality of life in
Lexington. 8:50 p.m.
Richard Canale, Pr. 9, spoke of the FAR relationship to traffic urging
support of the motion. 8:55 p.m.
Caleb Warner, Concord Avenue, spoke in favor and of the quality and
quantity of life. He stated that the restriction and control of
urbanization was an important aspect. 9:03 p.m.
Paul Riffin, Pr. 3, spoke of legal concerns. Robert Rotberg, Pr. 3, and
Deborah Kearney, Pr. 7, urged support.
9 :11 p.m.
Judith Uhrig, Planning Board, moved that the Report of the Planning Board
be accepted and placed on file. The Moderator stated a unanimous
r._, decision to accept and place the Report on fiie, �:12 p.m.
' ; Mrs. Uhrig spoke against t'ne motion presented by Mrs. Buchfirer. I
�_:__
9:14 p.m.
Jacquelyn Smith, Selectmen, spoke against. She stated that traffic
safety should not be dealt with via FAR or traffic control. 9:19 p.m.
Michael 0'Sullivan, Appropriation Committee, stated that downzoning has
future financial ramitications and was risky and irresponsible. He urged
defeat. 9:24 p.m.
Nathan Becker, Pr. 1, asked for the Moderator to recognize Dennis Austen,
Raytheon. Mr. Austen stated this reduction to be totally unfair and was
opposed to it. 9:28 p.m. ,
� �g
(Adjourned Ses.sion - Annual Town Meeting - May 11, 1987, cont.)'
Joel Adler, Pr. 1, spoke in favor as did Louis LeBlanc, Pr. 9.
9:29 p.m.
Karsten Sorenson, Planning Board, stated sympathy with the intent of this
article, but said that if goes too far and penalizes those who develope
slowly. 9:30 p.m.
Morton Kahan, Pr. 6, urged support, stating that it does not stop i
development in Lexington. 9:34 p.m.
Mrs. Uhrig clarified a point of the Planning Board. 9:�6 p.n.
James Barry, Pr. 1, urged support while comparing Lexington, Lincoln and
Burlington. 9 :39 p.m.
William Fraser, Pr. �S, moved the question. The Moderator ruled that the
main question would be put. Joy Buchfirer, Pr. 3, urged the Town
Meeting to sunport the motion. The Moderator called for a Standing Vote
which was tallied as follows:
Precinct Yes No Abstain
1 14 4 1
2 9 9
3 12 6
4 11 7
5 13 3
6 11 5
7 15 0
8 13 3
9 16 2
At large 4 18
�
Totals 118 57 �
The Moderator declared the motion to have passed. 9 :45 p.m. 1
William Welch, Pr. 2, served Notice of Reconsideration. 9:46 p.m.
ARTICLE 51. CONVEY PROPERTY TO HOUSING AUTHORITY
Presented by Paul Marshall, Selectman.
MOTION: That the Selectmen be and they hereby are
authorized to convey all or a portion of the land on (passed,
Massachusetts Avenue known as tne Healy property and as amended-
shown as Lot 3 on Assessors' Pro�perty Map 21 to the see Page 159)
Housing Authority for one dollar and on such other
terms as the Selectmen may determine.
9:45 p.m.
Mr. Marshall asked that James McLaughlin, Chairman of the Lexington
'rlousing Authority, be recognized. Mr. McLaughlin showed a slide pointing
out the location of the two uni�s si:�uated on Ma.ssachusetts Avenue. "�
9:47 p.m. (
� 3
.
Myla Kabat-Zinn, E.Lexington Community Association, supported the need
but suggested that passage to the recreational land behind be given to
the Conservation Commission. 9 :48 p.m.
Vincent Bucca, Lexington Enablement Committee, spoke in support.
9:49 p.m.
_ _____--------- ---._..__----1----
� ��
(Adjourned Session - Annual Town Meeting - May 11, 1987, cont.) .
Ka.ren Dooks, Pr. 2, made the following motion:
MOTION: That the motion under Article 51 be 'amended
by adding at the end thereof, the followi.ng,
provided that any portion noc so conveyed to the (passed-
Housing Authority shall be transferred to the care see below)
and custody of the Conservation Commission.
9:57 p.m.
Mr. Marshall stated that the lot is 69,000 sq.ft. The housing will take
,_,__ about 1/3 of the lot and only what is needed will be conveyed to the
Housing Authority. The Selectmen have no other purpose in mind. There
was a series of questions and answers, and speakers for and agairist.
Following a voice vote the Moderator declared the amendment proposed by
Mrs. Dooks to have nasse3. 10:05 p.m.
Following a voice vote the Moderator declared a unanimous passage of Mr.
Ma.rshall's motion as amended.
10:08 p.m.
Elaine Dratch, Pre 5, served Notice of Reconsideration on Article 51.
10:09 p.m.
ARTICLE 52. ACCEPT ELDERLY TAX EXEMPTION
MOTION: That the town accept Clause 41C of Section 5
of Chapter 59 of the General Laws. - (passed)
10:10 p.m.
Mr. Marshall presented the information and urged adoption.
� Following a voice vote the Moderator declared unanimous passage.
� ', _ 10:12 p.m.
��._.
ARTICLE 53. ACCEPT ELDERLY/SURVIVING SPOUSE/I�IINOR EXEMPTION
MOTION: That the Town. accept Clause I7D of Section 5
of Chapter 59 of the General Laws.
(passed)
Mr. Marshall presented the information and urged adoption.
Following a voice vote the Moderator deciared unanimous passage.
10:15 p.m.
Francis Smith, Conservation Commission, moved that Article 36
(Conservation Purchase - Upper Vinebrook} be taken off the table.
Following a voice vo�e tne I�Ioderator declared that Article 3o was off the
table. Mr. Smith moved Indefinite Postponement. Following a voice vote
, the Moderator declared unanimous Indefinite Postponement. 10:16 p.m.
� (indefinitely postponed)
ARTICLE 54. SCHOOL PLAYGROUNDS
Carol Grodzins, Pr. 3, made the following motion:
�!
- - MOTION: That the School Committee be directed to
include in their future budgets funds �or the
replaceme�.y �:� �layground structures on school �not passed-
see Page 160)
property, as needed.
10:16 p.m.
2 i r�
(Adjourned Session - Annual Town Meeting - May 11, 1987, cont.)
I
,
There was lengthy discussion as to how playground equipment is provided
for and maintained, and differing op�.nions voiced as to responsibility �
and degrees thereof, and philosophical issues associated. �
10:30 p.m.
Richard Schaye, Pr. 9, moved the question. Following a voice vote the ''
i�loderator nut the question. �
Following a voice vote the Moderator declared that the motion made by �
Mrs. Grodzins did not carry. 10:32 p.m. "'�
Ira Richer, Pr. 3, moved that Article 47 (Zoning By-law, Traffic
Analysis) be taken off the table. Following a voice vote the Moderator '
stated that Article 47 was off the table. 10:32 p.m. �
Mr. Richer moved tna� Article 47 be Indefinitely Postponed. Following a
voice vote the Moderator declared that Article 47 was Indefinitely
Postponed. 10:33 p.m.
ARTICLE 55. ESTABLISH COMMITTEE FOR PEACE IN CENTRAL AMERICA
John Sackton, Pr. 2, made the following motion: ,
MOTION: I move that fihe Selectmen be and they are
hereby authorized to appoint a committee consisting
of seven residen��s to explore how the Town of '-"'� �
Lexingtori, in light of U. S. involvement in Central (passed- � I
America, can contribute to peace, social justice and see Page 161)
self-determination in the region, can promote people �
to people contact, at no cost to the town, and
thereby link Lexington residents and institutioris
' with the people of Central America through
� establishing a sister city relationship with a town I
in Central America and to make the final report of
its activities to the 1988 Annual Town Meeting. �
10:35 p.m. ��
A number of Town Meeting Member and residents rose to speak for and i
against the motion. I
Sam Silverman, Pr. 5, presented his point of view and made the following �'
motion:
i
I
MOTION: I do hereby move that the motion under
Article 55 be amended adding the following at the (not passed-
end: No consideration, however, shall be given to see below)
the establishment of a sister city relationship or to i
travel by Lexington residents to any country where '
i
' there is armed conflict, insurrection, violence aimed
at Americans, or the possioility of such violence. �
�
11:09 p.m. � �
Webb Sussman, Pr. 2, moved the question. Following a voice vote the I�
Moderator declared Mr. Sussman's motion to 'nave carried. 11:12 p.m. '
There was further discussion for and against. I�
i
Following a voice vote the Moderator declared the motion offered by Mr. ,
Silverman no�t to have carried. 11 :16 p.m.
Following a voice vote the Moderator declared the motion offered by Mr. �
Sackton not to have carried. Town Meeting rose to request a Standing
Vote which was tallied as follows:
I
--------- — ---�--- -
— ----- ----- __----- ---- --
�
i l) i
(Adjourned Session - Annual Town Meeting - May 11, 1987", cont.) '
Precinct � Yes No - Abstain
1 6 9 .
2 12 4
3 11 2 1
4 6 9
5 3 10 _
6 9 S
7 11 3
� 8 . 6 8 .
9 6 9
At large 9 11
Totals 79 70 1
The Moderator declared the motion offered by Mr. Sackton to have carried.
11:20 p.m.
ARTICLE 56. USE OF FUNDS TO REDUCE TAX RATE
John Eddison, Selectman, made the following motion:
MOTION: That the sum of $1,462,187 be appropriated
ir_o .reduce the tax levy for the fiscal year beginning
July 1, 1987, and that such amount be transferred
from the Excess and Deficiency Account.
Followi.ng a voice vote the Moderator declared t'ne motion to have passed
unanimously. 11:21 p.m.
Mr. Eddison moved that the ,1987 Annual Town Meeting be dissolved.
� , Following a voice vote the Moderator declared the _Meeting dissolved.
. 11:22 p.m.
A true copy.
Attest: - `
� �
Bernice H. Fallick
Town Clerk
i
' �2
;
i
�
ADJOURNED SESSION OF SPECIAL TOWN MEETING
MAY 13, 1987 �
The Moderator, Ma.rgery M. Battin, called the meeting to order at 8:04 �
p.m. , in Cary Memorial Hall. �
There were 167 Town Meeting Members present. i
The invocation was given by Reverend David Cho'Aar, Pastor of the '
Reorganized Church of Jesus Christ of Latter Day Saints.
The Moderator outlined procedural matters.
ARTICLE l. REPORTS
I
James McLaughlin reported the results;of the Housing Authority Election.
8:10 p.m. ;
Judith Uhrig moved that the 1987 Report of the Planning Board on
Subsidized Housing and the Report on Affordable Housing be accepted and
placed on file. Following a unanimous voice vote the Moderator declared
the Reports accepted and placed on file. 8:11 p.m.
Renee Cochin Tnoved that the Human Services Report be accepted and pTaced I
on file. Following a voice vote the Report was accepted and placed on
file. 8:16 p.m. �
i
Harvey Lowell spoke further on the Report and 'nousing needs. I
Mrs. Uhrig responded to questions from Julian Bussgang, Pr. 4, and Sam
Silverman, Pr. 5, on the Planning Board Report. i
Marthur Ka]{.il, Pr. 7, expressed gratitude to those responsible for the �
TMNIA information book.
� -
ARTICLE 2. HOUSING CONVERSION AND EVICTION BY-LAW �
Albert Zabin, Pr. 1, made the following motion:
�
MOTION: That the General By-Laws of t'ne Town be (passed with '
amended by adding theretb:a new Article XXXIV one amendment
entitled "Lexington Housing Conversion and Eviction [see Page 166, I
By-Law' as set forth in the motion filed with t'ne Hagedorn amendment] �
Town Clerk. -vote and final �
. passage on Page 167)
8:24 p.m. ;
Motion as filed with the Town Clerk: Capproved by the i
Att.Gen. , �
August 17, 1987)
LEXINGTON HOUSING CONVERSION AND EVICTION BY-LAW
SECTION 1. PREAMBLE �
�--, ;
The Town of Lexington rinds and declares that a serious public � ;
emergency exists with respect to adequate housing for a substantial
n u m b e r o f i t s c i t i z e n s d u e t o t h e c r i t i c a l s h o r t a g e o f r e n t a l a n d
affordable housing within the Town. This shortage has been created and
exacerbated by the lack of sufficient new rental housing productiori, by
increases in financing and construction costs, .and by increases in the �
cost of real estate, substantially exceeding increases in personal
income. The emergency has also be�n created and severely aggravated by �
the proposed conversion of rental housing into condominiums or
cooperatives; over 45% of Lexington's apart,�nent rental housing stock has I
been or is about to be converted into condominiums. Without sufficient �
new rental production, such conversion necessarily reduces the rental �
housing stock otherwise available. An increasing shortage of rental
housing accommodations, especially for the elderly, ,the handicapped, �
single parent households, and persons and families of low and moderate '
- -- -___- ----.. -- --- --__--------� --- ---- - - --—_----- --- --- -
� s�
(Adjourned Session of Special Town Meeting - May 13, 1987)
;
income, has been and..will continue to result from this emergency.
Furthermore, there is an aeute s'nortage of. housi.u��for low and moderate
income families, and the Town does not have sufficient such housing units
to prevent the application of the provisions of Generai Laws, Chapter 40B - '
to, it. Unless the available stock of rental housing. (and those who
reside therein) receive more protection than the law now affords, from '
the conversion of said housing accommodations to condominiums and
�- cooperatives, the rental housing shortage will generate serious threats
to the public health, safety and general weifare of the citizens of the
� , Town of Lexington, particularly to the elderly, handicapped, and persons
' and families of Iow and moderate income, as defined in Chapter 527 of the
Acts of 1983 and in the Housing Element Comprehensive Plan of the Town of
Lexington. ,
Therefore, in order to address this emergency and. to continue to
provide a sufficient supply of decent and affordable rental housing in
the Town of Lexington, it is nec�ssary that. the Town of Lexington, in the
exercise of its powers under Chapter 527 of the Acts of 1983 and the
Home Rule Amendment of the Constitution of the Commonwealth, further
regulate the conversion of rental housing into condominiums and
cooperatives. �
SECTION 2. DEFINITIONS
As used in this By-law, the definitions set for_th in Section 3 of
Chapter 527 of the Laws of 1983 shall apply, unless the context clearly
requires otherwise or uniess otherwise specified in this section of the
By-law.
CONDOMINIUM CONVERSION BOARD - The citizen board which administers this
by-law.
CONVERSION - The recording of a master deed in order to make t�ie initial
� sale and transfer of title to a residential accommodation as, one, or more
I condominium accommodations pursuant to an individual accommodation deed
r or deeds ory in tne case of a cooperativ�, an individual proprietary
lease or leases.
LOW OR MODERATE INCOME TENANT - A tenant who meets the definition of a
low or moderate income tenant as defined in Section 3 of Chapter 527: of
the Acts of 1983 or a tenant whose income falls within 50% to 120% of the
Boston SMSA median income (as calculated by the Regional Bconomist,.
Boston Office, U.S. Department of Housing and Urban Development) , at the
time of the conversion.
r
OWNER - the individual who holds title to any n�using accommodation or
any housing subject to conversion, including without limitation, a
partnership, corporation, or trust, and owner's agents or assigns.
TENANT - a person or groun of persons collectively entitled to occupy a
housing accommodation pursuant to a rental agreement written, oral,
express or implied, incl.uding a tenant at will.
SECTION 3. FURTHER REGULATION OF _CONVERSIONS
a. Applicability of Chapter 527 of the Acts of 1983
Owners shall be required to comply with the provisions of Section 4 of
Chapter 527 of the Acts of 1983 and the provisions of this .by-law, which
shall be.construed to be supplementary to the provisions of Chapter 527
_ ' of the Acts of 1983. Any protection or benefits for tenants created by
this by-law or conditions imposed by the Board for the, protection and
benefit of tenants shall be in addition. t.o, and no� instead of, any
benefits or protection provided by any statute of the Commonwealth or by
any decision of any court.
b. Conversion License Required. No housing accommodation in the
Town shall be converted to: a. condominium or cooperative unless the owner
shall have first secured a �License from tHe Condominium Conversion Board.
The Condominium Conversion Board shall have the authority to grant
licenses for the conversion of rental housing accommodations to
condominium or cooperative accommodations, provi�ed that no conversion of
rental housing accommodations s'nali 'ne licensed for the earlier of a '
1 ��
(Adjonrned Session of Special Town Meeti�g - May 13, 1987) ;
�
i
I
i
period of one year from the date of enactment of this by-law, or until
the Condominion Conversion Board has been appointed and adopted its rules
and regulations. Thereafter, no conversion of rental housing shall lie
licensed until the Board, by written decision, grants a Iicense. The
Board shall not refuse to grant a license, if the applicant has complied '
with all requirements of Federal, State, and local law and regulations. ;
c. License May Be Subject to Reasona�le Conditions. The Board may
make the license subject to reasonable conditions for the protection of '
any tenants. The Board shail use the following factors �in setting
conditions to the granting of a license:
(1) the protection of the public interest of the Town of
Lexington;
(2) the hardships imposed on L'ne renants residing in the '
accommodations proposed to be converted; �
(3) the aggravation of the shortage of rental housing
accommodations in the Town, especially accommodations suitable for
families of low and moderate income persons, for single parent
households, for elderly, for handicapped or for people on fixed incomes,
which may result from the conversion; ;
(4) the hardship on the owner of the real estate to be �
converted or to the purchaser of the unit.
(5) Reasonable arrangements, made by the owner or third
parties, to alleviate the hardship on the tenants affected by the
proposed condominium conversion. �
(6) Scope of Conditions. The conditions imposed may include
(but are not limited to) a time schedule for tne sale of the individual
accommodations, a requirement that a reasonable percentage (not less than ;
10% and not more than 20%) of the accommodations be offered to the
Lexington Housing Authority, Lexington Housing Assistance Board, or a ,
limited profit or non-profit legal entity on such terms and conditions as
will make the offeree eligi'ole for state or federal subsidies and as will
make it economically feasible for the unit to be purchased for rental to
persons of low or moderate income. Such units shall be permanently kept �
as rental accommodations for low and moderate income persons.
SECTION 4. EVICTION LICENSE SYSTEM. '
i
i
a. The provisions of section 4 apply only to elderly tenants,
handicapped tenants, and low or moderate income tenants, unless otherwise ;
explicitly stated. i
b. Pursuant to the Authority vested in this Town by the laws of the �
Commonwealth of Massachusetts, the owner of a housing accommodation snall '
oe urohibited from instituting any condominium or cooperative conversion
eviction as defined in Chapter 527 of the Acts of 1983, without first
obtaining a license from the Condominium Conversion Board. Further, the j
eviction of a tenant by any other person who has purchased a housing
accommodation shall be deemed a condominium or coonera�ive conversion I
eviction, if the tenant was a resident of the housing accommodation at I
the time that the master deed for the housing accommodation was recorded �
pursuant to the provisions of Chapter 183A of the General Laws, or at the 'i
time that the Articles of Organization for the cooperative were filed '
�th the Secretary of State.
c. The Roard snall not license an eviction under this section until
the accommodation of the tenant subject to that eviction has been sold, !
pursuant to the Condominiurn master deed.
i
d. The Condominium Conversion Board shall have the power to
promulgate rules and regulations for the enforcement of this section. �
e. The Board may not unreasonably withhold a. license to evict, but I
may make the granting of a license subject to reasonable terms and �
conditions, which may include (but are not limited to) , �
i
i
--------- -- — --- ------- --
--------- -- -�
. . . . . . . . .. . . . . .. . g ��l
(Adjourned Session of Special Town Meeting - May' 13, 1987)
(1) Prohibiting the eviction for. a period: of time, not less
than any period of time to which the: tenant is entitled under the
provision of any other law, court decision, regulation, or by-law and not
more ihan a period of five years from the date. of the application for a
license to evict.
(2) Requiring that the applicant for the eviation license give
� �o s�ne cen�nt sought to be evicted an extension of the rental agreement
for a period of time, not less than any period of .time to which the
`-�" tenant is entitled under tha provision of any other law, court ,ciecision,
regulation, or by-law and not more than a period of five years from the
date of the application for a license to evict. The provisions of such
rental agreement may not otherwise be modified, except with respect to.
the amount of annual rent, any increase in which shall not exceed an
amount equal to the sum which would result by multiplying said rent by
the percentage increase in the consumer; price index for all urban
consumers as published by the United States Department of Labor, Bureau
of Labor Statistics, ,during the calendar year immediately preceding the
date upon which such rental agreement is, commenced, or ten per cent; ,
whichever is less; provided, however, nothing herein shall limit t.he
right of a property owner to any amounts which may be due under a valid
escalation clause in the written lease. .
f. Any rent increase, imposition of new terms and_ conditions of the
tenancy, reduction or elimination of services, or other ,device used to.
circumvent the protections of this section shall be invalid.
g. Any condition or terms imposed by the. Board with respect to a
license to evict shall be in addition to, and not ins�ead o�, any right,
protection, or benefit available to the` tenant under any statute of the
Commonwealth or court decision.
h. The guidelines that fihe Board shall use in determining the
conditions upon which an eviction license may be granted shall include
the following:
(i) Tlie hardship on .the tenant and the owner of the unit :in
question. The Board may inciude in its consideration of hardsYtip matters
relating to finances, health, age, and famil.y problems (including the
� importance of a c'nild :Einishing school in Lexington).
(ii) The availability of affordable housing for the tenant in
Lexington.
(iii) The housing situation of the owner of the. unit in
question.
i. Notwithstanding anything in -the for-egoing to the contrary, this
section of this by-law applies, to the extent permitted by law, to all
persons who were tenants on the date .of the adoption of this by-law, by
the Town Meeting.
SECTION 5. INAPPLICABILITY TO TWO FAMILY OR SINGLE FAMILY HOUSES.
This by-law does not apply to a�y buiiding, contairiing fewer than
four housing accommodations.
SECTION 6. THE CONDOMINIUM CONVERSION BOARD. ;
� a. Appointment and Composition. The Board of Selectmen shall
appoint five members to administer the provisions of this by-law. The
Board of Selectmen may appoint any existing. Board (including itself),
Official Committee of the Town, Commission or authority to act as the
Condominium Conversion Board. It may, as an alternative, appoint five
citizens of the Towri or` sound judgment and knowledge of housing and land
planning issues.
b. Terms of office. Members of the Conversion Board will serve '
without compensation for three-year terms, except for the first year of
appointment when the selectmen shall designate two members to have three-
year terms, two members to have two-year terms and one member to have a
one-year term. If the Board of Selectmen appoint an existing Board,
1 �.
� t�journed Session of Special Town Meeting - May 13, 1987)
;
I
;
Official Committee of the Town, Commission or authority to act as the �
Condominium Conversion Board, the terms of office of the Condominium
Conversion Board shall be coterminous with the terms of office of such
other Board, Committee, Commission, or a:rthority.
c. Procedure and Hearings The Condominium Conversion Board shall ,
promulgate rules of nroce3ure for the conduct of its business. j
(1) It may establish reasonable fees for applications for , �
licenses.
I
(2) Its rules shall require that it will 'nold a public hearing
on any application for a Condominium Conversion license after notice by
certified or registered mail to all occupants of the subject property and
by publication in a newspaper of general circulation within the town.
(3) The hearing shall not be scheduled for a date less than 30
days from the date of the mailed notice, nor more tnan 60 days from that
date. The rules of the Board may provide for reasonable postponements by
agreement of the Board and the applicant.
(4) The Board shall reduce its decisions to writing which it
shall file with the Town Clerk within 60 days of the completion of the
hearing or within such time as the Board and the applicant shall agree.
If �ze Board does not render its decision within the time required by �
this section, it shall be deemed to have granted the license requested �
without condition, save those imposed by state Iaw.
(5) The Board's rules shall require that it will hold a public
hearing on any application for an eviction license aft,er notice by �
certified or registered mail to the tenants in the subject property whose
eviction the applicant seeks and by publication in a newspaper of general
circulation within the 'rown, I
�o) The Board shall reduce its decisions to writing which it �
shall file with the Town Clerk within sixty days of the completion of the
hearing or within such time as the Board and the parties shall agree.
However, the failure of the Board to act within the time required by this
subsection (c) (6) shall not have the effect of granting the license Co
evict.
I
(7) Any aggrieved party may appeal a decision of the Board to a
court of competent jurisdiction within thirty days of the date the
decision of tne Board has been filed with the Town Clerk or within such
time as state law permits.
SECTION 7. SEVERABILITY.
If any provision of this By-law or the application to any person or I
circumstance is held invalid, the invalidity shall not affect any other '
provision of this By-law.
Mr. Zabin gave further explanation. I.
Frederick Hagedorn, Pr. 1, made the following motion: '�,
� I
MOTION: that Section 4i be amended by adding the (passed- i
following words after the words "to all persons .who
see below) ,
were": �
I
"eiderly, handicapped, and low or moderate '
income"
8:47 p.m.
I
Following a voice vote the Moderator declared the amendment to have
passed unanimously. . �
8:49 p.m. i
�
i
�
_-- ---------
--- — -------------
-- --_—_._—__-- ---
_ _ _
�67
(Adjourned Session of Special Town Meeting - May 13, 1987) �
Discussion followed with a Iarge num'aer of part�cipants. Paul Marshall.,
Selectman, stated that a majority of the Board supported all of the
motion.
William Fraser, Pr. 5, moved the question. � i0:07. p.m.
Following a voice vote the Moderator stated that the question would be
put. 10:08 p..m.
� The Moderator called for a Standing Vote which was tallied as follows-:
Precinct : ies i�o A�s�ain
1 19 2 .
2 16 1
3 17 0
4 13 2 �
5 13 2 �
6 15 0
7 12 � - 0 1
8 12 0
9 18 1
At large 15 3 3
Totals 15D 11 4
The Moderator declared the motion �o nave carried. 1�:15 p.m.
Under Article 1 •John Eddison, Selectman, commended the Moderator for
doing an outstanding job in her first year. 10:16 p.m.
� Mr. Eddison moved to dissolve the SneciaZ Town Meeting. Following a
f voice vote the Moderator declared the Special Town Meeting to be
t�-.- dissolved. 10:1Z p.m.
A true copy.
Attest: � �
j' � .
�..�� � -��v
Bernice H. Fallick
Town Clerk _
�
1 r�'j�
(WARRANT FOR TOWN ELECTION - SEE WARRANT FILE) ;
TOWN ELECTION - MARCH 7, 1988 i
In pursuance of the foregoing warrant the legal voters of the Tawn �
of Lexington met in their respective voting places in said Town of
Lexington on Monday, March 7, 1988, at 7 a.m. '
The following places were designated as the voting places for the
various precincts: Precinct One, Harrington School; Precinct Two, Bowman ,
School; Precinct Three, Jonas Clarke Middle School; Precinct Four, �
Lexington Seniar High School; Precinct Five, Cary Memorial Building;
Precinct Six, William Diamond Middle School; Precinct Seven, Joseph
Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine, '
Maria Hastings School. '� i
The Election Officers of the various precincts were assigned for
duty as follows:
Precinct One
Warden D Eileen Fradette
Clerk R Elinor Vassallo
Inspector R Doris Barclay
Inspector R Virginia Warner
Inspector D Grace Campbell ,
Inspector D George Kalafatis ,
Precinct �ao �
Warden D Elizabeth Clar.ke
Clerk D Donna Alexson
Inspector D Ann Pace �
Inspector D Ma.rie Bakanowsky
Inspector D Alice Hopkins ,
Inspector D Robert Blouin
i
Precinct Three '
Warden D Marjorie Modoono
Clerk R Mildred Cronin
Inspector U Helen Euart �
Inspector R Gwendolyn Cram
Ins.pector U Grace Flewelling
� Inspector R Lillian Drury ;
, I
Precinct Four
� �
Warden D Gulli Kula i
Clerk U Susan Cohen �
Inspector D Alfred Mattes '
Inspector R Raymond Flynn
Inspector D Eleanor Mattes
Inspector D Ruth Hamlin
Precinct Five �
� �
Warden D Gerald Abegg
Clerk R Winifred Ivester
Inspector D Marcia Cormier !
Inspector R Elizabeth Flynn �
Inspector D Ma.rtha Zani
Inspector R Dorothy Gauthier �
i
i
i
I
i
i'
i
�
_--- ------------- ------- ------�
�. _
��c,y
Precinct Six
Warden D Cornelius Cronin - --
Clerk R Evelyn Belbin
Inspector D Mary Casey
, ,
Inspector R Dorothy Boggia` - • -
Inspector D Albert/Elaine Brown
Inspector U Frank Samuel
Precinct Seven
Warden R Estelle Szalajeski '
Clerk D Alice Coletta
- Inspector D Eileen Carpenter -
Inspector U Nancy Lou Ha.yes
Inspector U Melvin Aronson
Inspector D John Taylor
Precinct Eight
Warden D Catherine Jones
Clerk R Richard Crawford
Inspector R Blanche Johnson �
Inspector R Florence Murray '
Inspector U Alma Ballotta
Inspector R Pearle Boreson �
Precinct Nine
Warden R Reed Kingston Taylor
Clerk R Carole Scalise
Inspector R Janet Lowther
Inspector D Edward Donnelly
Inspector D Ellen 0'Connell
Inspector D Viola Pike
The election officers were sworn to the faithful performance of
their duties.
. The polls were declared open in each precinct at 7 a.m. and remained
open until 8 p.m. , at which time, after due notice, they were declared
closed.
The total number of registered voters in each precinct eligible to
vote as of February 16, 1988, is as follows:
PRECINCT REGISTERED DEMOCRATIC REPUBLICAN UNENROLLED �
VOTERS
l 1,932 1,035 334 563
2 2,092 1,179 313 600
3 1,894 903 339 661
4 2,112 1,036 437 639
5 2,090 1,021 368 701
6 2,065 1,018 489 558
7 2,090 1,087 379 624
' 8 2,126 966 457 703
;
9 1,894 895 369 ' 630 '
TOTALS 18,295 9,140 3,476 5,679
� �� �
,
i
Recap sheets were delivered to the Board of Registrars in the j
Comptroller's Office. i
The Town Clerk and the members of the Board of Registrars canvassed
the results as follows:
PRECINCT NUMBER OF BALLOTS CAST
1 670
I
2 703
3 698 �
4 793 �
;
5 710 '
6 780 '
7 812
8 751
9 562
Totals 6,479
35% of the eligible registered voters cast their vote. ,
�
�
�
I
�
i
�
i
�
i
I
I� I
I ,
j
�
�
I
�
�
i
I.
------- ---- -- � ------_------ -------
17l
ABSENTEE BAL�OT BREAKDOWN
APPLICATIONS BALLOTS BALLOTS RETURNED
PRECINCT PROCESSED RETURNED UNUSED T00 LATE
VOTED BY MAIL - (Excluding Certified Permanently Disabled)
1 13 7 4 2
2 28 13 11 4
3 18 13 3 2
4 37 20 11 6
5 29 14 9 5
6 33 20 11 2
7 19 13 6
8 20 17 3
9 13 7 5 1
TOTAL 210 124 63 22
(1 ballot rejected as defective)
VOTED BY MAIL - (Certified Permanently Disabled)
1 4 3 1
2 1 1
3 1 1
4 2 1 1
5 4 2 2
6
7 2 2
8 1 1
9 2 2
TOTAL ll 13 3 1
,
VOTED IN PERSON OVER THE COUNTER
1 7 7
2 5 5 2
3 18 15 3
4 19 14 5
5 13 10 3
6 29 29
7 17 16 1
8 12 12
9 8 7 1
TOTAL 128 115 13 0
NON-REGISTERED VOTERS - VOTED BY MAIL
2 2 2
4 1 1
5 1 1
TOTAL 4 1 3 0
' FINAL TOTAL 359 253 82 23 I
� ��
Town Wide tally for: local elections PRINTED ON� 14-Mar-88 ,
held on: 7-mar-88 Vote count report
Totals PRS PR2 PR3 PR4 PR5 PR6 PR7 PR8 PR9 �
Vote count= 6479 670 703 698 793 710 780 812 751 562 �
I
QUESTION 1 NUCLEAR BAN
YES 2368 166 354 259 437 209 283 241 277 142
NO :�3�''�'� 38 80 51 91 45 80 58 76 33 '
-Bianks 355q. 466 269 38$ 265 456 417 513 398 387
SELECTMAN
Wiliiam J. Dailey, Jr. 4314 452 453 470 527 479 501 518 526 388
Joseph Campell 1 1
-Blanks 21fit�• 218 250 228 266 231 278 294 225 174
MODERATOR I
Margery M. Battin 4484 433 479 469 545 470 574 579 528 407
Alfred E. Newman 1 1 _
Lincoln P. Cole 1 1 I�
-Blanks 1993 237 224 228 248 240 205 233 223 155
SCHOOL COMMITTEE I I
Lynda A. Wik 1624 130 252 191 197 177 217 178 173 309
Esther S. Arlan 1947 205 193 253 243 177 212 247 214 203 ,
Polly Hodgson Woodworth 3366 290 315 328 410 384 422 456 454 307
Albert P. Zabin 3888 460 417 390 493 428 483 499 376 342
-Blanks 2133 255 229 234 243 254 226 244 285 163
PLANNING BOARD/5 years
Martha C. Wood 3816 360 371 372 494 391 503 562 446 317
Ronald A. Laing 1229 140 151 170 121 135 135 114 133 130
Spiro T. Agnew 1 1
-Blanks 1433 170 181 155 178 184 142 136 172 115
PLANNING BOARD/1 vear
David G. Williams 3999 401 415 426 504 442 494 490 465 362
-Blanks 2480 269 288 272 289 268 286 322 286 200
Town Wide tally for: local elections PRINTED ON� 14-Mar-88 �
held on: 7-mar-88 Vote count report
Totals PRS PR2 PR3 PR4 PR5 PR6 PR7 PR8 PR9 j
PR-1 TOWN MEETING MEMBERS
Joei A. Adler 399 399
James E. Barry 316 316
Frederick H. Hagedorn 275 2�5
Ruth JoYce Nablo 312 312 �
Sam V. Nabto 2�9 Z�9
Barry E. Sampson 244 244
James S. Wilson 239 239
Judith L. Zabin 425 425 �—.� �
James A. Nicoloro 134 134 � {
Ronaid Christopher Russo 209 209 �
Ruth J. Walton 334 334 i
-Blanks 2194 2194
I
Town Wide tally for� local elections PRINTED ON� 14-Mar-88
held on: 7-mar-88 Vote count report 1
Totais PRS PR2 PR3 PR4 PR5 PR6 PR7 PR8 PR9
PR-2 TOWN MEETING MEMBERS
Elizabeth H. Clarke 439 439 �
Marita B. Hartshorn 450 450 - '
Michael J. 0'Sullivan 411 411
Edna M. Welch 396 396
Wiiliam S. Widnall 311 311 �
Atan B. Wilson 350 350
Donald D. Wilson 356 356 ;
Richard D. Briggs, Jr. 314 314 i
J. Dana Busa 230 210 '
Beatrice E. Busa 235 235
Ronald A. Laing 239 239
-Blanks 2616 2616
i
Town Wide tally for: local elections PRINTED ON� 14-Mar-88
held on: 7-mar-88 Vote count report i
Totals PRS PR2 PR3 PR4 PRS PR6 PR7 PR8 PR9
PR-3 TOWN MEETING MEMBERS ;
Jacquetine B. Davison 419 419 � j
Dan H. Fenn, Jr. 377 377
Donna M. Hooper 329 329 � �
Paul V. Riffin 308 308
Vicky L. Schwartz 309 309
Katherine M. Whyte 281 281
Robert N. Cohen 258 258 .
Bruce Collier 317 317
Peter A. D'Arrigo, Jr. 164 164
Christopher A. Kenney 384 384
Paut A. LaPointe 288 288
-Blanks 2150 2150 I
i
i
_ i
__--------- ---- ------1
I
Town Wide tally for= local elections PRINTED ON� 14-Mar-88 � �''
held on: 7-mar-88 Vote count report
Totals PR1 PR2 PR3 PR4 PR5 PR6 PR7 PR8 PR9
PR-4 TOWN MEETING MEMBERS
Gerald L. Abeg9 362 362
Katherine G. Fricker 390 390
Peter C.J. Kelley 322 322
Patricia W. McLaughlin 355 355
Richard F. Perry 309 309
Dennis A. Brown 266 266
Peter David Enrich 315 315
Audrey J. Friend 348 348
Robin E. Glabe 273 273
Carol B. Hartman 410 410 '
Mason T. Pettz 245 245
Karsten Sorensen 412 412
-Blanks 2337 2337
�I Town Wide taliy for= local elections PRINTED ON= 14-Mar-88
� N' held on� 7-mar-88 Vote count report
Totals PR1 PR2 PR3 PR4 PR5 PR6 PR7 PR8 PR9
PR-5 TOWN MEETING MEMBERS
Cynthia L. Blumsack 362 362
6uY W. Doran 356 356
Leona W. Martin 285 285
Eric Jay Michelson 291 291
Sam Silverman 322 322
Florence A. Baturin 304 304
Marjorie M. Daggett 361 361
Samuel L. Powers 273 273
Melinda D. Vinton 307 307
Mary Kathryn uolf 355 355
JoAnn B. Wortman 365 365
Laura Z. London 1 1
-Blanks 2808 2808
Town uide tally for� local elections PRINTED ON� 14-Mar-88
held on: 7-mar-88 Vote count report
Totals PR1 PR2 PR3 PR4 PR5 PR6 PR7 PR8 PR9
PR-6 TOWN MEETING MEMBERS
Marshall J. Derby 394 394
Edmund C. Grant 408 408
JoYce A. Mitler 416 416
H. Bigelow Moore 384 384
Edith Sandy 455 455
Frank Sandv 436 436
Peter Diamond 325 325
Marcia M. Stille 401 401
I Jacquelin D. Weinstock 399 399
; David Chanoux 20 20
' Warren Raberts 3 3
Philip Steele 2 Z
Howard Levingston 3 3
Francesca Steele Gallucio 2 2
Marc L. Passamonti 1 1
Ralph Zetinski 1 1
Frank Wilkins 1 1
Albert Sikes i 1
-Blanks 3368 3368
Town Wide tally for: locai elections PRINTED ON� 14-Mar-88
held on: 7-mar-88 Vote count report
Totals PRS PR2 PR3 PR4 PRS PR6 PR7 PR8 PR9
PR-7 TOUN MEETING MEMBERS 353 353
George A. Burnell 309 309
Marvin H. Greenberg 314 314
Marthur H. Kalil 438 438
John E. Taylor 448 448
Iris G. Wheaton 3�8 378
Robert V. Whitman 354 354
Marsha E. Baker 317 317
Linda Horowitz 482
Jennie S. Oberholtzer 382 372
Jeanette P. Webb 1919 1919�
-Blanks
PRINTED ON= 14-Mar-88
Town uide tatly for: local elections Vote count report
held on: 7-mar-88
i Totals PR1 PR2 PR3 PR4 PR5 PRb PR7 PR8 PR9
PR-8 TOWN MEETING MEMBERS 376 376
Donaid L. BaileY 441 441
Richard H. Battin 348 348
Ben9amin H. Golini 298 298
Gerald A. He991e 347 347
6ordon R. Osgood 421 421
Sheldon A. Spector 293 293
John Adams TaYlor 400 400
Carolyn H. Tiffany 252
Christopher B. .Williams 314 314
Donna J. W. Griffiths 3269 3269
-Blanks
, �
1 �4
? g Town Wide taily for: local elections PRINTED ON� 14-Mar-88 �
held on: 7-mar-88 _ � , Vote count report - i
. ;
Totals PRS PR2 PR3 PR4 PR5 PR6 PR7 PR8 PR9
I
i
PR-9 TOWN MEETING MEMBERS
Jane P. Buckley 331 331 �
Richard L. Canale 274 274
Paul E. Mazerall 309 309
Janet Perry 287 287 �
Fred D. Rosenberg 309 309
Shang-Chao Liu 318 318
Simon Prensky 254 254
-Blanks 1852 1852
i
I
�
�
i
� trtze. coi.;�. �
�itteut: �
. � � .
i�
��eri.'�C.e i=. �?�J_:�C�y �O'1^'E� C�P;'Y,
I
�
I
I
_ �
I
�
i
�!
�
I
I
..__-_-__.---_�_-__-_—__.—_.._._—__ __—_ —� .
_ _ .
� 7�
(WARRANT FUR PRESIDENTIAL PRIMARIES - SEE WARRANT FILE)
PRESIDENTIAL PRIMARIES - MARCH 8, 1988 '
In pursuance of the foregoing warrant the legal voters of the Town of
Lexington met in their respective voting places in said Town of Lexington
on Tuesday, PZarch 8, 1988, at 7 a.m. :,=,-�4, ,;::, ; . . .-�
�. . .__�., � . :s .�1; _,:.,
The following places were designated�,a,�-,the,voting places_,:forr,the
various precincts: Precinct One, Harr}ngto�a;,S�Choo�.;� P,recinct ,�'wo,,; Bowman
School; Precinct Three, Jonas Clarke Middle S-choo�;-Precinct Four,
Lexington Senior High School; Precinct„�'ive��,C��.y; Memo�ial,,$uiJ.�1.1.}?�;
i Precinct Six, William Diamond Middle Sc�i,00�.;,.,P�ec}r��t �Seven,, ;J9,s��h
Estabrook School; Precinct Eight, Central Fire Station; Precinct Nine,
" Maria Hastings School.
���. . F..,-
The Election Officers of the various precincts were assigned for
duty as follows: _ ,.., . .... ... :..... . ..., ,,. ,
._ e._. . . .� l '.�.9 '.} � f .._. .
. �:Y i.l , �. 'r!. � :.t�:� � . .
Precinct One
„r�:t:?:,,�....�a': .� _�� it 7�: 7-1.3rz:�ft.�.
Warden D Eileen Fradette �e�� �;_ ;v_�>';;;�� y Ya.-�a�.��;
Clerk R Elinor Vassallo :,,,a,�� r .,��r:,,-;LL;�,� ',; .;, � ,4,ss„rf�
Inspector R Doris Barclay '
Inspector U Marlis Schratter T... - - -- - -
�_,?:s _1�� ,�:,±�;.
Inspector D Grace Campbell
Inspector D George Kalafatis�.� ,�_.,.,,_� �,� , _.,� a ;,,�,,;;,;
;:,r.��45�: . . ,.�� . : :.
Precinct Two ,�; �,_ - --- _
, >,x;5.,�1 .. ._..s �.i _ . z- , ;r;_.
Warden D Elizabeth Clarke ,., � ;�,�;; ;�,;.�;,;_; ,. _ . _,.,;,,:
Clerk D Donna Alexson
Inspector.,: D Ann Pace_ .�6 a.m.-noA�t;:�;..: ,._ � - ��,, _..,_ ,.
Inspecto�� .;D Barbara :Wachman no.o,n ;-; 8� p.;m. � ,;••;,; - _
Inspector U Frank Samuel
Inspector R Kenneth Smith -�-
Inspector D Margaret Blouin ,,. - � ,c;-
1.. ,,. , �,.._, . �� . ..._. y�.�
:a� i;iy _., : P��C't111G�i ETZt�'EEet�, i _. •r.f� e :..� i.i�.te���r �=. , . rz. �
- �i x:,�i6.'.
Warden D Marj orie Modoono r . . .v.. .
., ; _...Cl�r.k , ,. �g {.Mi�dred. _Cronin. ,.-.,.: ,_ . :.. . .: :..... .
, . • r..., ._ ,
Inspector U Helen Eu�rt.. , _ ;� r:,. , ,., ., , , , �,., .-:.,;....
Inspector R Gwendolyn Cram
Inspector U Grace Flewelling --- - --------
Inspector D Anne Flaherty ,,, �
:,�'recinct Four ;t. z4•; _� ,f, ,,
- - =. , . ;i'�{'_ :
Warden D Gulli Kula ,,. ,,,
Clerk ,;�;,r U Susan Co�l�en �,;E;�� �' �; ,� ;
,_
Inspector-,,�.� D Alfred Mattes . � 2 r ����S v
Inspector:;�; R Raymond ;�F�ynn �,:r; ;,s;t;�_ �
Inspector. ,f��; D Eleanor _I�a�ttes _ � " �
�� !t.'l _4� ��b
Inspecto�,�,. , D Ruth Haml�n J_,� �:-:�;^_ r,
Inspector R Evelyn Youngren
f'_"` ,;�recinct Five :,, .._ . E _ , _ . ,..
� ,_� Warden R Elizabeth Flynn
Clerk R Winifred Ivester
Inspector R Josephine Luther
Inspector D Irene Cormier �
Inspector D Martha Zani
Inspector U Jacqueline Michelove
Precinct Six
Warden D Cornelius Cronin
Clerk R, Evelyn Belbin
Inspector D Mary Casey
Inspector R Judith Goldman
Inspector R Ra.chel Higgins
� ��
I
i
Precinct Seven
Warden R A. Estelle Szalajeski
Clerk U Nancy Lou Hayes
Inspector D EiTeen Carpenter �
Inspector R Helen MacDonald �
Inspector U Melvin Aronson �
Inspector D NLiriam Miller �
I
Precinct Eight �
Warden D Catherine Jones
Clerk R Richard Crawford
Inspector R Blanche Johnson
Inspector R Florence Murray
Inspector U Alma Ballotta
Inspector R Pearle Boreson
Inspector R Elizabeth Sinclair
Precinct Nine
Warden R Reed Kingston Taylor
Clerk R Carole Scalise
Inspector R Janet Lowther I
Inspector D Edward Donnelly
Inspector D Ellen 0'Connell
Inspector D Edward Sullivan
The scheduling of the Town Election on the day previous to this made it �
impossible to provide an equal party balance of Election Officers. �
��
The election officers were sworn to the faithful performance of �
their duties.
I
The polls were declared open in each precinct at 7 a.m. and remained
open until 8 p.m. , at which time, after due notice, they were declared
closed.
The total number of registered voters in each precinct eligible to �
vote as of February 9, 1988, is as follows :
i
PRECINCT REGISTERED DEMOCRATIC REPUBLICAN UNENROLLED I
VOTERS
1 1,924 1,034 331 559 �
2 2,088 1,178 313 597 �
3 1,888 903 329 656 �
4 2,098 1,030 435 633 i
5 2,086 1,019 368 699 i
6 2,062 1,017 489 556 �
7 2,084 1,086 379 619
8 2,115 962 457 696
9 1,885 892 368 625 �
�
TOTALS 18,230 9,121 3,469 5,640 "� �
� I
I
i
�
i
'
�
� ?1
Recap sheets were delivered to the Board of Registrars in the
Comptroller's Office.
The Town Clerk and the members of the Board of Registrars canvassed
the results as follows: ,
PRECINCT NUMBER OF BALLOTS CAST
Democratic Republican
1 666 226 .
2 800 222
3 666 207
, 4 708 279
— 5 720 259
6 721 324
7 765 249
8 703 310
9 634 284
Totals 6,383 2,360
48% of the eligible registered voters cast their vote.
i � � � � � , �
�i
��.,.
�
�
� ��
ABSENTEE BALLOT BREAKDOWN
PRE APPLICATIONS BALLOTS BALLOTS RETURNED �
�NCT PROCESSED RETURNED UNUSED T00 LATE �
VOTED BY MAIL �
(Excluding Certified Permanently Disabled)
i
R D R D R D R D ,
1 7 23 7 20 2 1 , ,
2 11 24 9 19 5 2 �
3 3 13 3 10 3
4 10 34 9 28 1 5 1
5 5 27 3 22 2 3 2
6 6 38 5 31 4 1 3
7 3 17 3 15 2
g 8 17 7 12 1 5
g 7 7 6 5 1 2
Total 60 200 52 162 5 31 3 7
VOTED BY MAIL
( Certified permanently disabled)
R D R D R D R D i
1 2 2 2 2
2 1 1
3 1 1
4 1 1 1 1 �
5 �+ �
6
7 1 1 �
8 1 1 I
g 1 1 1 1
�
Total 5 1 1 4 10 1 1 0 0
NON-REGISTERED VOTERS - VOTED BY MAIL
2 2 2 i
4 1 1 I
5 2 1
Tota1 5 1 3 �
0 0
( 1 ballot rejected as defective) �
i
VOTED IN PERSON OVER THE COUNTER
R D R D R D R D
1 3 6 3 6
2 3 3 3 3 �
3 7 16 7 13 3 �
4 8 10 6 9 2 1
5 6 8 3 8 3
6 12 17 10 17 2 ,'—'� 1
7 7 12 6 11 1 1 ' '
8 4 11 4 11 �,.,,�
9 4 7 3 6 1 1 �
i
To.tal 54 90 45 84 9 6 0 0
'Final '
Total 119 306 101 257 15 41 3 7
i
I
---- ---------------------
____-------- ------------------
Tow�e��dg�ta�l�A�o�g YRESPRIMREY elections PRINTEDw4��e�� ���o��
-�7�� --�--
� Iotals PR1 P&2 PR3 PR4 PRS PR6 PR7 PR8 PR9
____ _Vote count:__ _2360 ___22G__222 __207_ 2?_9_�5�.2.4 2�9�1Q 284 _. ._ . _.
PRESIDENiIAL P&EFERENCE
=>Georae Bush 1310_�2$�.2�._�lq 125 14,�', 1@���fz�81_ISzCL .
Bob Dole 708 G3 - 67 63 115 -64 90 73 77 76
Jack Ksap 146 17 14 14 9 .:17 20 17 21 17
_ Marian G._ (Pat) &obertson _ BO __8 7 5. '13 3 13 S 15_11 _,___._
Pierre S. duPont, IV 38 5 2 3 5 4 5 2 8 4
No Preference 31 3 4 4 9 3 1 3 5 4
Alexander M. HaigL Jr. 1G 1 1 1 1 3 3 �'. 1 3
_ desse dackson _ .4 ;;:.1 _ 1 1 �:-, r. : 1
Elliot Richardson 2 `�1 ;'`1 `: '
- Schroder V 1 1 '
7ohn B. Andersen . 1 1
Lee Iococca 1 i
.:�,�..,. _
- SiA2E COMMZlSEE MAN '' '� '
�^I � ->Thomas i7ason _ `_1234 _,109^117 90 153 138 381 _129 159 158_. �_
Frederick 1. Sennott, Jr. 235� 19 30 3� 23 32 27 20 20 32
� y„ SSATE COMMIYiEE WOMAN ---
->Connie Eoster 1442 128 143 112 180 - 162 -.220 144 175 178
TOWN COMMIlSEE
->Connie Foster 1131 98 127 74 172 115 179 114 125 127
->Lavid Eadlo 1050 11G 101 84 153 112 152 95 12G 111
->Donald B. Yhite 1033 8G 101 69 162 105 176 106 121 107 _
->Elizab=th Tf. Flyn� . 10i4 8B .:115 92 156 1-04 -=.l'Al -`-:99 :198 :111 '
->ifarion E. Hunt 1030 SO 108 :66 154 �i09 d269 "99 -'S13 112
_=��1_�e�y_,_Yhi�e_ _ 9�7 '8� 99 6G 152 103 '1�2_�Q�_7�.�2_19_¢__ _-_
-?Lisbeth M. White 991 S1 302 67 14G 104 169 102 116 104
->Thomas Mason 9G2 82 109 64 151 99 145 94 109 111
->William_B. Sineons 953 __ 77 100 60 144 104 156 _95 110 107_ _
->Yillia■ A. BarosLead 938 81 98 80 142 >94 ::140 97 309 99
->Priscilla M. Mc6rath 935 82 96 63 .151 96 141 101 101 104
_=>Neil Gray . ._________._..__,__ _ 931_. , 7G. _.92__.GG_147 96_141_ �J5_ 103 _115 ___
->Louise C. Dallas 923 76 98 G2 141 95 148 91 113 100
->Doris C. Olive 913 79 97 58 153 100 13G 87 97 lOG
->Sall+�7. Burgess _ 909 77 103 G1 149 91 129 91 95 113_________
=>Uilliar W. Welch� �r. 909 78 101 GS 149 93 132 94 101 101
->kussell W. Olive 896 7G 98 , 57 399 99 -131 90 95 101
->&ichard F. Crawford 884 90 97 57 141 95 128 86 95 95 ___
->Harold G. Schmickley� 1r. 882 73 94 JJ 151 8G 141 92 97 93
->frances P. Mallett 880 9G 9G 60 145 89 133 90 95 96
->Ruth R. LaYleY___ 878 7G 110 61 142 88 128 B2 91 100
->tiary If. Cush�an 860 72 100 61 144 •. 93 .:125 82 89 94
->Luanna E. Levenis 848 74 BS 54 139 "'B5 '134 S1 '98 :97
i>William. H,_.Levison____ 842 ___71 90 56 'i41 82 125 99 90 i08._ _A_
->Harvey E. Bines 837 69 89 GO 137 83 124 82 92 101
->Ouen S. Lafley 831 68 305 56 139 81 119 85 63 95
=}Kenneth I,_Goodaoan _ 830 __ 74 89 54 137 8G 12G_83 _ 89__92 _____
->Mattheu Gold�an 805 68 87 55 135 -62 .120 63 80 95
->Lauren L. Lussier 802 71 8G 59 i3G 80 -"121 76 80 93
__>�Sark,B._.VaY.iades__ __� 799.___ 61 BG 58 135 77 122 _B5 84,__91 __,__
->Uavid B. Vafiades 797 G3 89 SG I32 7G 120 80 85 96
("" ->]ohn G. Kostriza 793 67 88 59 133 82 121 '74 81 BB
( i ->John L. Lourick 785 6G 87 53 139 78 115 78 BO 99
+ I ->Albert Pol9ar 777 G4 86 52 134 81 117 72 84 87
�J , -7Michael Kozaczek 776 67 84 51 132 77 115 77 83 90
�+ i
1. _� ,
� iq2Aown Wide tally for: PRESPRIMDEM elections PRINiED ON: 23-�ar-88
_,__ held _on:__8-MAR_-88._____ Winners__report _ ;
Totals PR1 PR2 PR3 PR4 PRS PRG PR7 PR8 PR9 �
Vote count: G383 6GG 800 666 708 720 721 7G5 703 634 �
PRES IDEN��L��2EFER$N_C�_ __ �
->Michael S. Dukakis 3869 385 993 801 441 430 444 d78 411 38G
Jesse L. �ackson 1156 99 "152 .113 135 104 140 143 143 127 �
_ Rich_ard E__Ge�t�ardt___ 469__Z8_�2 ' 45 4(, 54 3,3 53 _.50_48_.__
Albert �ore, 7r. 321 39 36 35 30 40 41 31 47 22
Paul Si�on 301 28 34 39 24 47 35 38 30 26
No Preference 93 12 9 7 14 15 10 9 8 9
-- — — ----
", Bruce Babbi.tL `60 . 6 . 7 -:.i0 9 ' '::�b ::.10 3 5 4
` Gary Hari' 39 `:. 6 1 6 2 :11 3 � 5 3 2 �
Mario Cuo�o _ 11 1 3 1 1 _ 2 .3__ i
Lyndon H. La Rouche, dr. 8 1 1- 2 3 1 �
Elorenzo Di Donato 5 1 1 1 1 1
Yilliao Bradley 4 2 ��._
7oseph Bfdrn 2 2
Andrew 7ou�9 1 1 ,•,.'
Ted Kenn 1 1 -- ._._ . '�� I
SiATE COMMISiEE MAM � �
->Michael i. Cunningharo 1916 190 221 200 197 234 215 2�'.0 252 187
- Dennis M. Kelleher 1859 235 26R '200 i98 --,:;93 -160 212 i87 187
't� .._ . .. .. . .- . � . . .
. ._-.. �".:!:..:.� .. ..
SlAiE COMMIiSEE WOMAN
->Patricia M. Deal 2111 248 284 235 234 233 224 244 197 212
Virginia E. liooney 157G 156 177 159 159 189 174 . 18G 216 1G2
TOYN CONMI2!&E _. —_
->Stephen Y. Doran 4081 417 501 414 4835�426 +185 510 45G 389
=>Dan,_H_Fen� Jr,____ _____2785_257 '33G 338 396 "291 334 294 293 26G
->Martha C. Wood - 2700 25G 312 2G2 344 271 332 386 289 298
->Jacqueline B. Davison 2605 237 322 350 342 243 299 283 258 271
->Ma�.._C. Abeaa __ _2589 22� 307 278 381 251 3_O1 . 281 300__2G1_
->Nancy tS. Adier 2518 320 294 247 323 294 275 275 2G9 241
->Gerald H. Abeg9 2476 217 301 2G8 391 243 289 259 290 238
=>]ohn C.,Eddison._`__.__2394._223 293 256 319 240 278_256 279 250._ _
->Edith Sandy 2388 227 274 237 314 237 398 281 255 215
->Marion i. Coletta 2310 231 27G 255 312 216 2G2 267 271 220
_>Sheila_Cleson-Kar_p__.__._,_22�3 _274_ 27� _223 312 248 Z67 249 231._ 217
->Elizabeth B. Eddison 2259 210 287 245 307_221 260 243 251 235
->Elizabeth C. Haines 2258 214 271 231 294 236 32G 249 228 209 �
=>Ha.rriet G_ KauY�an_______2254 211 271 213 286 235__318 270 241__.209 . __ , I
->Richard 7. Shaw 2250 296 2G9 225 301 239 242 234 230 219
->Alice M. Pierce 2232 210 264 230 309 21G 254 307 229 213
_=>Geor9e E. Foote 2231 220 28G 219 297 233 289 2�2_226 . 20� ___, __ I
->Sophia:lia 2213 212 .2b8 227 293 _211 304 256 241 201 �
->lfyron L. Miller 2204 209 248 230 299. Y34 278 318 219 189 �
->Carol 1. Grodzins 2201 206 2G6 2G9 299 215 256 250 238 202
->Paul H. Clou9h 2176 212 262 214 292 223 295 244 239 195
-�Margaret Schuartz 2148 206 259 231 291 232 247 233 250 199
->Marie Goldstein 2127 21;, 299 203 285 218 250 239 218 200
---- ------- — - — - -- — — - -_ - --
->David L.. Kauf�an 2112 300 256 205 279 216 294 235 230 197
->Richard I. Miller 2108 205 271 212 287 209 '255 232 221 Z1G
...-.)Marie._E, Soberts___ ____ 2103_207, 249_277._29G 205 242 224 _208_ 195 ____ -�
->7ames M. Shau 2U86 251 268 213 285 219 229 232 21G 193
->David Reiner 2063 195- 252 20B 274 201 2G1. 293 209 190 —
->Ione D. Garing 2080 193 246 20' 290 20G 253 2'8 '72 1�0 j� �
->Lois d. Barry 2049 265 272 211 271 201 227 213 207 182 — ���
->Susan Schleigh Eoote 2041 204 253 208 280 201 258 230 208 199 �
->Gordon E. Barnes, Jr. 2000 198 232 lE9 27G 19G 224 214 225 246
->John Murphy 1977 220 247 205 280 214 217 210 207 177
->Eleanor Bustin lfattes 1865 190 239 190 2G9 188 219 201 199 170
-»ames R_Go�es _ ____38�31 185 24G 193 _255 181 216 182 _19Q 173 __
Warren Boberts 1 1
I
I
: _ I
-
F� `r�,a cc���, �
I
�:`tie:ta
� �
BP_:z�ce -_. �'.�'.'_we'�, �orr:,:. C�.e.-k .
i
�
I
i
. .. ~� I
�
� �
,
;
. I
: �
_ -------- — --__-----___---- ------- --- --____ _— - -------------
-------------__—_ �----
� ����'
- - - - - - - - -
1988 ANNUAL TUWN MEETING
MARCH 28, 1988
The meeting was called to order by Moderator Margery M. Battin at
8:02 p.m. , in Cary Memorial Hall.
�� There were 178 Town Meeting Members present out of a current
�_J membership of 197.
8:04 p.m. - The invocation was offered by David W. Chobar, Pastor
of �he Reorganized Church of Jesus Christ of Latter Day Saints.
8:05 p.m. - Town Clerk, Bernice H. Fallick, read the Warrant for
the Meeting until further reading was waived.
8:06 p.m. - The Town Clerk read the Constable's Return of the
Warrant.
8:07 p.m. - The Moderator expressed appreciation to long-time �
former Town Meeting Members who had chosen not to run: Frederick
Frick, Clarice Gordon, John McWeeney, Richard Souza, Patricia
Swanson. Notice was made of the posters by Lexington School
students. The schedule for Town�Meeting is as follows: March 30,
April 4, 6, 11, 13, 25, and every Monday and Wednesday, at 8 p.m.,
until completion. Articles in the warrant will be addressed in
order with the following exceptions: Article 47 will come after
Article 29; Article 36, Pine Meadows, will not be taken before
April 27; Articles 9, 15, 18, 19, 45, and 54 are Indefinitely '
Postponed. Further procedural items were presented.
ARTICLE 2 - REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
4 8:17 p.m. - John Eddison, Chairman of the Board, welcomed members
and expressed appreciation to Richard White, Town Manager; TMMA;
the Moderator; and to those involved in the School Budget �
agreement. '
8:23 p.m. - Paul Newman, Chairman of the School Committee, stated
the Committee's support for the compromise budget and introduced
Philip Geiger, the new Superintendent of Schools.
8:26 p.m. - John Eddison introduced Richard J. White, Town Manager,
who discussed the Budget.
8:43 p.m. - Mr. Eddison moved that the report of the Town-Manager
be accepted and placed on file.
8:44 p.m. - Accepted and �laced on file.
8:44 p.m. - Michael 0'Sullivan, Chairman of the Appropriations
Committee, presented the report of the Committee and moved tha� it
be accepted and placed on file.
8:59 p.m. - Accepted and placed on file.
8:59 p.m. - Sheldon Spector, Chairman of the Capital Expenditures
Committee, presented the report of the Committee and moved that it
be accepted and placed on file.
9:03 p.m. - Accepted and placed on file.
9:04 p.m. - Judith Uhrig, Chairman of the Planning Board, reported '
on Articles 38-42, requesting prior input if amendments are
comtemglated.
9:06 p.m. - Erna Greene presented �he report of the Town Report
Committee and moved that it be accepted and placed on file.
9:07 p.m. - Accepted and placed on file.
r �2
(ANNIIAL TOWN MEETING, CONT. .- MARCH 28 , 1988) . ., j
I
ARTICLE 3. APPOINTMENTS TO CARY LECTURE SERIES
MOTION: That a committee of three be appointed by the Moderator to {
have the charge of the lectures under the wills of Eliza Cary
Farnham and Suzanna E. Cary for the current year. �
Presented by John C. Eddison. �
9:08 p.m. - Adopted unanimously by voice vote.
---------------
ARTICLE 4. OPERATING BUDGET
MOTION: Tha� the following amounts be appropriated for the ensuing
fiscal year and be raised in the tax levy except where a transfer
is indicated they shall be provided by such a transfer.
Presented by John C. Eddison, Selectman. '
The Modera�or read the following line items: II
i
Selectmen's Department �
Personal Services $41,054
Expenses 10,850 '
Town Manager's Office �
Personal Services 178,241 ,....� �
Expenses 11,000
Town Manager's Jurisdiction .
Temporary Help & Overtime 35,000
Clerical Pool 17,434 li
Office Furniture & Fixtures 4,000 ;
Fire & Police Medical 35,000 �
Out of State Travel 5,000 �,
General Professional Services 75,000
Director of Guides 1,500 i
Tui�ion & Training 12,500 i
Instate Travel 12,000 �
i
I
Selectmen's Jurisdiction ;
Safety Program Expenses 500 I
I
Printing Town Report
Expenses 6,250
�
Town Clerk's Department _
Personal Services 80,229 �
Expenses 2,285 '
Board of Appeals
Personal Services 20,028
Expenses 1,300
� I
�. �
���'`
r ,
���
- ; - - - - - - - - - - - - - - - - - - - -
(ANNUAL TOWN MEETING, CONT. = MARCH 28, 19$8)
Planning Board '
Personal Services 85,058
Expenses 6,600
Insurance 2,725,787 '
�
The Moderator stated her intent to step down so there would be no
question of partiality in conflict with her role as Chairman of the
Lexington Center . ' Committee. Town Counsel, Norman P. Cohen,
assumed the �role of Moderator,
Robert Domnitz, Pr.6, was recognized to present an amendment.
Frederick Hagedorn, Pr.l, rose for a Point of information as to
which line item was being addressed. Following his presenta�ion,
Mr. Domnitz made the following motion:
9:22 p.m. —
MOTION: The line item for Insurance be
amended by adding, "...of which $10,000 di_d n.ot pass
is to be transferred from the parking -----
meter fund." see below
There was discussion for and against.
Following a voice vote, the Moderator declared the amendment
defeated at 9:37 p.m.
9:38 p.m. William Welch rose to request a standing vote and
was joined by at least 20 people.
�.�
' The vote was tallied as follows:
Yes No
Precinct 1 6 11
2 5 11
3 12 5
4 8 12
5 8 6
6 13 3
7 7 8
8 3 14
9 3 14
At large 3 16
Totals 68 100
The Moderator declared the amendment defeated at 9:43 p.m.
Mrs. Battin resumed the role of Moderator at 9:44 p.m.
�', Elections
�.._ .:
Selectmen Jurisdiction 25,600
Town Clerk Jurisdiction 26,620
Board of Registrars
Personal Services 1,558
Expenses 33,685 _ =
, �-iG ._
:, =�: L�,,
,. ,
� ��
(ANNUAL TOWN MEETING, CONT. - MARCH 28 , 1988)
I
�
�
Town Committees , I
Appropriation Committee Expenses 950
Historic Districts Commission 2,800 ,
Town Celebrations Committee 10,000
Miscellaneous Boards & Committees 7,400 �
Conservation Commission Personal Services 50,980
Conservation Commission Expenses 10,330 , I
FINANCIAL OPERATIONS �
Finance Personal Services 363,480
Finance Expenses 167,250
And further that the Treasurer and Collector is hereby
authorized to enter into compensating balance agreements
during fiscal year 1989, as permitted by General Laws
Chapter 44, Section 53F.
Law Department
Legal Fees 115,000
Legal Expenses 31,640
Board of Retirement �
�
Retirement Expenses 4,550
Contributory Pension Fund 1,997,263
9:46 - Sam Silverman, Pr. 5, asked for information on the General
Law, Chapter 44, Section 53F, and received an explanation from , I
Comptroller John Ryan. Further questions were asked as to
Enterprise and Pension Funding. Comments were made as to ' �'
procedures.
Non-Contributory Pension 200,000
Pension Funding 291,000
i
(Of which $291,000 is to be transferred from Overlay Reserve) '
I
Recreation II
I
Personal Services 184,592 ,
Expenses 25,625 '
i
Protection of Persons & Property
i
Police Collective Bargaining 1,527,627
9:54 p.m. - Mr. Cohen assumed the role of Moderator
i
9:54 p.m. - Robert Domnitz, Pr.6, provided information on the � i
amendment he would propose. �
9:59 p.m. - '
I
MOTION: The line item for Police ' '
Collective Bargaining be amended by passed
adding, ".. . of which $50,000 is to be see p. 185 �
transferred from the parking meter Notice of
fund." Reconsideration
p. 185
� C��; . i
��� �
�
i
i
� ��
- - - - . .- - - - - - - - - - - -
(ANNUAL TOWN MEETING, CONT. - MARCH �28 , 1988). ,
There was discussion for and against. A standing_ vote was tallied
as follows:
Yes No
Precinct 1 11 7
2 9 7
� 3 14 3
4 12 8
- 5 10 4
6 12 4
7 10 4
8 7 10
9 8 . 11
At large 5 15
98 73
The Moderator declared the amendment to have passed at 10:14 p.m.
10:15 - Jacquelyn Ward, Pr. 7, served Notice of Reconsideration of ,
the Police Collective Bargaining Amendment.
Police Personal Services 576,172
(Of which $11,000 is to be transferred from the
Parking Meter Fund)
10:16 p.m. - Mrs. Battin resumed the position of Moderator.
-"" Police Department Expenses 242,783
Parking Meter Maintenance 3,848
(Of which $3,848 is �o be transferred from the Parking
Meter Fund)
Fire Collective Bargaining 1,780,440
Fire Personal Services 194,032
Fire Department Expenses 166,940
And further that all ambulance fees may become a "municipal
charges lien", pursuant to General Laws Chapter 40, Section
58.
Inspection Department Personal Services i32,572
Inspection Department Expenses 4,044
' Local Disaster Personal Services 200
Local Disaster Services Expenses 500�
Health Department
Animal Con�rol Personal Services 20,184.
Animal Control Expenses 8,280
� Health Personal Services 86,951 �
Health Expenses 22,100` '
Visiting Nurse & Community Health 8,400`
Rabies Clinic 3,425
� � ���.
C.9 L'�
i' ^
Y �
g q�� .
.�
(ANNUAL TOWN MEETING, CONT. - MARCH 28 , 1988) i
i
�
Human Services
Council on Aging Personal Services 57,230
Council on Aging Expenses 53,986
Mystic Valley Mental Health 0
Community Services 119,500 �
Veterans Personal Services 15,786 ,-,, I
Veterans Administration 391 ;�
Veterans Aid & Expenses 15,709 ' i
Graves Registration 200
Soldiers Burial 500
Library
Personal Services 750,664
Expenses 242,150
(Of which $2,000 is to be transferred from �he County
Dog License Fees. $20,415.00 in Regular State Aid and
$8,161.00 in Supplemental State Aid to Public Libraries
is also available for use by the Trustees of the Library.)
Debt Payment ,
Maturing Debt 925,000 t
Interest on Debt 769,364 �
Tax & Bond Anticipation Loans 28,000
Public Works & Engineering
Personal Services 2,042,683 �
Expenses 3,100,344 �
(Of which $55,000 is to be transferred from the '
Westview Perpetual Care Fund; and $20,000 is to �
be transferred from the Parking Meter Fund.) '
10:21 p.m. - Fred Rosenberg, Pr. 9, expressed a need for the 15
items to be listed separately, as had been previously done. He �
understood the need for flexibility, and made the following �
motion:
10:25 p.m. : �
i
MOTION: the line item DPW expense $3,100,344 ;
be amended by adding to the end thereof the '
condition that no one subaccount within the DPW did not pass �
budget as set forth in the Town Manager's budget see below i
can be expended at a rate of more than 120%,
provided that the total expenditure of all �
subaccounts shall not exceed the total
appropriation of this line item.
There was discussion for and against. Following a voice vote the i
Moderator declared the motion not to have passed at 10:31 p.m.
10:32 p.m. - Mr. Cohen assumed the position of Moderator. �
�
Robert Domnitz, Pr.6, presented information on an amendment he was 1
proposing. He then made the following motion: '
10:36 p.m. :
MOTION: the line item DPW Expense be amended by defeated
increasing the transfer from the Parking Meter fund see below
to _�5:2',900. Notice of Reconsideration
Town Counsel gave an explanation of how parking meter funds could P' 18� i
be used. Questions and discussion followed. I
Following a voice vote, the Moderator declared the motion defeated �C� ;
at 10:47 p.m. �,-�
j ,� �
�\�
. � 18'7
- - - - - - - - - - - - - - - - - - - - - - - - - - -
(ANNUAL TOWN MEETIN6, CONT. - MARCH 28 , 1988)
John Eddison moved adjournment of Town Meeting until Wednesday, '
Ma.rch 30, 1988, at 8 p.m.
10:48 p.m. - Mrs. Battin resumed position as Moderator.
r-~ , 10:4$ p.m. - William Welch, Jr., Pr. 2, gave Notice of
� I Reconsideration on the amendment (line item DPW Expense) .
I
10:49 p.m. - Following a voice vote the Moderator declared�the
Meeting adjourned until Ma.rch 30, at 8 p.m.
A true copy.
Attest: /
<
F` / .._
- Bernice H. Fallick, Town Clerk
�
�
;
��
�
4 " '�
�
ADJOURNED SESSION - 1988 ANNIIAL TOWN.MEETING '
MARCH 30, 1988
The meeting was called to order by Moderator Margery M. Battin at
8:01 p.m. , in Cary Memorial Hall.
There were 178 Town Meeting Members present (membership 197). �
� I
8:01 p.m. - The invocation was offered by Reverend Helen Cohen, ;�
First Parish Church, Unitarian/Universalist. �
�
8:02 p.m. - The Moderator explained procedures.
8:06 p.m. - Nyles Barnert explained the intent to table the line
item associated with Minutema.n Vocational Technical High School
Assessment and its connection with the "Cherry Sheet."
8:08 p.m. - ARTICLE 4 OPERATING BUDGET, cont.
Public Schools
Public School-Education 24,044,768
(Of which $12,850 is for out of state travel.)
To which the sum of $220,229 in available and passed
anticipated P.L. 874 and other Federal and State see below I
Funds, and $28,000 in available and anticipated �'i
athletic receipts is to be applied and the balance i
of $23,796,539 is to be raised in the tax levy. �
8:10 p.m. - Paul Newman, Chairman of School Committee, presented
the report.
8:22 p.m. - Isa Zimmerman, Interim Superintendent of Schools, .- �
presented the budget. i
8:48 p.m. - Numerous persons spoke in support of the budget.
Questions were raised as to expenditures for private school busing,
evaluation procedures for teachers, the need to address future
concerns via an override of Proposition 2 1/2, reductions of
sabbaticals and leaves.
Regional Vocational Technical High School Assessment 399,815 tabled i
amended and
9:30 p.m. - Nyles Barnert moved to table. passed
see p. 266 i
Following a voice vote the Moderator declared the motion to table '
to have carried at 9:31 p.m.
9:32 p.m. - Questions were raised concerning pension investment i
procedures by Mason Peltz, Paul Ha.mburger, and Sam Silverman.
Richard White, Town Manager, and Paul Marshall, Selectman, j
responded.
9:49 p.m. - John Eddison, Board of Selectmen, moved to accept I
Article 4 with the exception of the line item associated with the
Regional Vocational Technical High School Assessment, previously ;
tabled. �
�
Following a voice vote, the Moderator declared unanimous passage of ,� +i
Article 4 at 9:50 p.m. i '
-------------- ��`- �J I
�
` 'a�
� �
i
.
�
(ADJOIIR.�TED SESSION, ANNIIAL TOWN MEETING, CONT. - MARCH 30 , 1988)
ARTICLE 5. MOTION: That $480,000 be appropriated
for the ensuing fiscal year, in addition to those
authorized under Article 4 of this warrant, to fund passed
cost items (a) included in collective bargaining see below
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, and to raise such amount $50,000 be transferred
from the appropriation voted under Article 5 of the '
warrant for the 1987 Annual Town Meeting and $430,000
be raised in the tax levy.
The amount voted is to be distributed among the
personal services accounts as authorized by tlie Board ',
of Selectmen
9:51 p.m. - Presented by John C. Eddison, Board of Selectmen.
9:52 p.m. - Michael 0'Sullivan, Appropriations Chairman; spoke in
favor.
Following a voice vote, the Moderator declared unanimous passage at
9:54 p.m.
9:54 p.m. - John Hayward, Pr.8, gave Notice of Reconsideration on
Article 4.
ARTICLE 6. MOTION: That the sum of $1,841,292 be `
' appropriated to fund the operation of the Water passed
- Division of the Department of Public Works, and to see p.190 i,
raise such amount $1,618,578 be transferred from the
Water Enterprise Fund and $222,714 be raised in the'
tax levy.
ARTICLE 7. MOTION: That the sum of $1 ,759;229 be
appropriated to fund the operation of the Sewer
Division of the Department of Public Works, and to passed
raise such amount $1,154,797 be transferred from the see p. 190
Sewer Enterprise Fund and $604,432 be raised in the '
tax levy.
9:54 p,m. - Jacquelyn Smith, Board of Selectmen, explained that the
articles would be presented together for purposes of discussion.
Discussion followed.
10:23 p.m. - Pau1 Hamburger, Pr. 5, moved the following: '
MOTION: the following be added to Article
6 at the end
"AND be it resolved that the 1988 Lexington Town
Meeting recommends to the Board of Selectmen that it did not pass
raise sewer and water fees in the Town in such a way see below
� as to reduce the amount needed to be collected in
taxes to support the water and sewer Enterprise Funds
- to no more than $550,000. !,
There was discussion for and against. �
Following a voice vote, the Moderator declared the motion to have _ '
failed at 10:34 p.m.
Several people expressed concern over water usage and procedures
for conservation and sewage. ,
�q�
vd�
RNED SESSION, ANNIIAL TOWN MEETING, CONT. - MARCA 30 , 1988)
Following a voice vote, the Moderator declared unanimous passage of
Article 6 at 10:49 p.m•
Following a voice vote, the Moderator declared unanimous passage of �
Article 7 at 10:50 p.m•
m. - John Eddison, Board of Selectmen, moved adjournment of �� �
10:51 p. at 8 p.m•
Town Meeting until Monday, April 4, 1988, � ,
Following a voice vote, the Moderator declared the Meeting
adjourned at 10:51 p.m•
A true copy• ' �
Attest: �
�
Bernice H. Fallick, Town Clerk
I
I
� i
4¢I �
I
I
I
�
',
�
I
� I
� I
II
I
� i
I
191
ADJOURNED SESSION - 1988 ANNUAL TOWN MEETING
APRIL 4, 1988 '
The meeting was called to order by Moderator Margery M. Battin at
�
8:00 p.m. , in Cary Memorial Hall.
� There were. 183 Town Meeting Members present. (197 members)
I !
8:03 p.m. - The invocation was offered by Msgr. John P. Keilty,
�" Pastor of Saint Brigid's Church.
8:.03 p.m.- The Moderator declared a formal recess.
8:04 p.m. - Paul Newman, School Committee, paid honor to Lexington
High School Varsity Athletes and Coach Arthur Dulong.
8:07 p.m. - The Moderator called the meeting to order.
---------------
ARTICLE 2 - REPORTS
8:07 p.m. - Cary Lectures
Carolyn Wilson moved that the report be accepted and placed on file
and the Committee discharged. Raymond Culler presented the report.
The report was accepted and placed on file and the Committee
discharged at 8:12 p.m.
8:13 p.m. - Recreation Committee
Judith Marshall introduced Kerry Brandon of the Playground
Committee, a sub-committee of the Recreation Committee, who updated
the Meeting on the Lexington Community Playground.
��'� _ --------------- �
� _
ARTICLE 8-SUPPLEMENTAL APPROPRIATIONS
MOTION: That the sum of $348,000 be appropriated to
the Public School Education line item of the Fiscal Passed
Year 1988 budget and to raise such amount $348,000 be see below
transferred from the Unreserved Fund Balance. Notice of
Recons.
8:18 p.m. - Presented by Paul Ma.rshall, Board of Selectmen, who P'192
asked the Moderator to recognize Interim Superintendent of Schools, Motion to
Isa Zimmerman, who then outlined the request. Recons.
failed
8:23 p.m. - Michael 0'Sullivan, Appropriations Committee, stated see p.220
support.
There were questions as to why the School Committee was asking for
further funds in the FY88 budget.
Following a voice vote, the Moderator declared the motion to be
adopted at 8:30 p.m.
---------------
�
ARTICLE 9 - PRIOR YEAR UNPAID BILLS
\ � ,
MOTION: That this article be indefinitely Indef.
postponed. Postponed
see below
8:30 - Presented by Paul Marshall, Board of Selectmen.
Following a voice vote at 8:30 p.m., the Moderaor declared the
motion to be indefinitely postponed.
---------------
� `���
(ADJOURNED SESSION, A.T.M. ,CONT. - APRIL 4 , 1988)
ARTICLE 10 -SUPPLEMENT. APPROPRIATIONS, CAPITAL IMPROVE. PROJECTS
MOTION: That the sum of $50,000 be appropriated to �
be used in conjunction with the funds appropriated +�
under Article 17 of the warrant for the 1986 Annual ��'1 i
Town Meeting to remove infiltration and inflow of passed !� I
storm water from the sewer system, and to raise such see below
amount $37,160 be transferred from the appropriation
voted under Article 40 of the warrant for the 1985
Annual Town Meeting and $12,840 be raised in the tax
levy.
8:31 p.m. - Presented by Paul Marshall, Board of Selectmen.
8:33 p.m. - Sheldon Spector, Capital Expenditures, stated support.
8:33 p.m. - Arthur Smith, Pr.2, served Notice of Reconsideration on
Article 8.
8:33 p.m. - Michael 0'Sullivan, Appropriations Committee, stated
support.
Discussion followed as to fees.
Following a voice vote, the Moderator declared unanimous adoption I
at 8:36 p.m.
---------------
i
ARTICLE 11 - RESERVE FUND � �'�
MOTION: That the sum of $250,000 be appropriated
from the Reserve Fund and to raise such amount passed
$250,000 be transferred from the Reserve Fund-Overlay see below
Surplus.
8:36 p.m. - Presented by William Dailey, Jr. , Board of Selectmen
Following a voice vote, the Moderator declared unanimous adoption
at 8:39 p.m. ,
�
ARTICLE 12 - TAX ANTICIPATION BORROWING
MOTION: That the Town Treasurer, with the approval
of the Selectmen, be authorized to borrow money from
time to time in anticipation of the revenue for the passed i
fiscal year beginning July 1, 1988 and to issue a see below �
note or notes therefor, payable within one year,
under G.L. c. 44, sec. 4 as amended, and to renew any ;
note or notes as may be given for a period of less
than one year, under G.L. c. 44, sec. 17. ;
8:39 p.m. - Presented by William Dailey, Jr. , Board of Selectmen. �
!�
Following a voice vote, the Moderator declared unanimous adoption )
at 8:40 p.m. �-5'
;
� �.�3
(ADJOURNED SESSION, A.T.M. ,CONT. - APRIL 4 , 1988)
ARTICLE 13 - UNEMPLOYMENT COMPENSATION FUND
MOTION: That the sum of $50,000 be appropriated for passed
the unemployment compensation fund, and that such Notice of
amount be raised in the tax levy. Reconsider.
8:41 p.m. - Presented by William Dailey, Jr. , Board of Selectmen see below
�� 8:42 p.m. - Michael 0'Sullivan, Appropriations Committee
�'-' recommended favorable action. �
Following a voice vote, the Moderator declared unanimous adoption
at 8:42 p.m.
William Welch, Pr.2, served Notice of Reconsideration.
----------------
ARTICLE 14 - CONSERVATION FUND
MOTION: That the sum of $65,000 be appropriated for passed
the Conservation Fund and that such amount be raised see below
in the tax levy.
8:42 p.m. - Presented by Angela Frick, Conservation Committee.
John Eddison, Board of Selectmen, related the history of the
railroad spur adjacent to Hartwell Avenue and Hanscom Field.
8:49 p.m. - Richard Perry, Jr. , Capital Expenditures, and Michael
0'Sullivan, Appropriations Committee, recommended support.
Following a voice vote, the Moderator declared unanimous adoption
at 8:49 p.m.
� ---------------
ARTICLE 15 - STABILIZATION FUND
MOTION: That this article be indefinitely
postponed. Indef.
Post.
8:49 p.m. - Presented by John Eddison, Board of Selectmen. see below
� Following a voice vote at 8:51 p.m., the Moderator declared a
unanimous vote to indefinitely postpone.
----------------
ARTICLE 16 - WATER MAINS
MOTION: That the Selectmen be and they hereby are
authorized to install new or replacement water mains Passed
or clean and line existing water mains in such see below
accepted or unaccepted streets or other land as the Notice of
Selectmen may determine, subject to the assessment of Reconsid.
betterments or otherwise, and to take by eminent see p. 194
domain, purchase or otherwise acquire .any fee,
�, easement or other interest in land necessary
, therefore; to appropriate the sum of $220,000 for
��_ such installation and land acquisition; and that such
amount $220,000 be raised in the tax levy.
8:52 p.m. - Presented by Jacquelyn Smith, Board of Selectmen.
8:55 p.m. - Richard Perry, Jr. , Capital Expenditures, and Michael
0'Sullivan, Appropriations Committee, recommended favorable
action.
There were questions as to Katandin Woods, and the coordination of
pipe work and road resurfacing.
Following a voice vote, the Moderator declared a unanimous adoption
at 9:01 p.m.
ii
� Q4 (ADJOURNED SESSION, A.T.M. ,CONT. - APRIL 4 , 1988)
�
�
I
�
---------------- II�
I
ARTICLE 17 - INSTALL DRAINS, DEEPENING OR ALTERING BROOKS j
MOTION: (For Citizen Proponent) That the Selectmen �
�
be and they hereby are authorized to install drains ' i
in Adams Street or other land as the Selectmen may did not pass �
determine, including the widening, deepening or see below �
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 otherwi.se acquire any
fee, easement or other interest in land necessary
therefor; and to appropriate the sum of $140,000 for
such installation and land acquisition, and that such �
amount be raised in the tax levy.
9:02 p.m. - Presented by William Spencer, Pr. 6. Further
presentation of slides and history was made by Joseph Doherty, 74 i
Adams Street.
j
9:07 p.m. - Notice of Reconsideration on Article 16 was served by
Richard Michelson, Pr. 8.
9:18 p.m. - Sheldon Spector, Capital Expenditures, spoke against.
1
9:20 p.m. - Michael 0'Sullivan, Appropriations Committee, said it
should be handled in the FY90 budget. I
There was discussion as to relative cost of temporary vs. long r�
range solutions and the scheduling for a more appropriate time. ----f
Following a voice vote, the Moderator declared the motion not to '
have been adopted at 9:27 p.m.
ARTICLE . 18 - CONSTRUCT SIDEWALKS
MOTION: That this article be indefinitely postponed. Indef. Postponed '
i
see below j
9:27 p.m. - Presented by Jacquelyn Smith, Board of Selectmen. I
i
Following a voice vote at 9:28 p.m. , the Moderator declared �
indefinite postponement.
--------------- �
�
ARTICLE 19 - SANITARY SEWERS
MOTION: That this article be indefinitely -- j
postponed. Indef. Postponed �
see below , �
9:28 - Presented by Jacquelyn Smith, Board of Selectmen. � ��
Following a voice vote at 9:30 p.m. , the Moderator declared
indefinite postponement. i ;
--------------- i
I
� i
---�— ---- --_--__-------
—____---_____— ----
195
(ADJOURNED SESSION, A.T.M. ,CONT. - APRIL 4 , 1988)
ARTICLE 20 - PUBLIC WORKS EQUIPMENT
MOTION: That the sum of $270,000 be appropriated for Passed
the purchase by or with the approval of the Selectmen see below
of equipment for the Department of Public Works, and
,�. that such amount be raised in the tax levy.
i
' 9:30 p.m. - Presented by William Dailey, Jr., Board of Selectmen.
9:32 p.m. - Nicholas Cannalonga, Capital Expenditures, and Michael
0'Sullivan, Appropriations Committee, spoke in support, as did
precinct members.
Following a voice vote, the Moderator declared a unanimous adoption
at 9:36 p.m.
----------------
ARTICLE 21 - STREET IMPROVEMENTS
MOTION: That the Treasurer with the approval of the
Selectmen be authorized to issue Highway passed
Reimbursement Notes of the Town under G.L. c. 44, see below
sec. 6, as amended, in anticipation of reimbursement
by the Commonwealth for highway reconstruction and
improvements under the authority of Chapter 90 of the
General Laws as funded, and that notes issued for a
shorter period than two years may be refunded by the
issue of new notes maturing within two years from the
date of the original obligation; that the Selectmen
are authorized to accept highway funds from all
sources; that, in addition the sum of $500,000 be
� appropriated for highway improvements, and that such
amount be raised in the tax levy.
9:37 p.m. - Presented by William Dailey, Jr., Board of Selectmen,
who presented a list of the roads to be done.
9:40 p.m. - Nicholas Cannalonga, Capital Expenditures, and Michael
� 0'Sullivan, Appropriations Committee, stated support.
The question arose as to the meaning of the. word "improvements" and
clarification as to the possibility of catch basins being needed
and thus the necessity for inserting the word "improvements."
Following a voice vote, the Moderator declared a unanimous adoption
at 9:41 p.m.
----------------
ARTICLE 22 - STREET ACCEPTANCE AND CONSTRUCTION
MOTION: That the Town establish as a town way and postponed
accept the layout of as a town way Philip Road a see p. 219
distance of 1500 feet, more or less, from Rockville
Avenue to Worthen Road East as laid out by the as passed
Selectmen, as shown upon plans on file in the office see p. 228
: of the Town Clerk, dated December 21, 1987, subject
to the assessment of betterments or otherwise; to
authorize the Selectmen to take by eminent domain,
purchase or otherwise acquire any fee, easement or
other interest in land necessary therefor; that the
sum of $80,000 be appropriated for such land
acquisition, construction, alteration and
reconstruction as is necessary, and that such amount
' be raised in the tax levy.
9:42 p.m. - Presented by William Dailey, Board of Selectmen, who
asked for postponement to April 11.
Following a voice vote at 9:42 p.m., the Moderator declared Article
22 postponed until April 11.
� �� �
(ADJOURNED SESSION, A.T.M. ,CONT. - APRIL 4 , 1988) i
�
9:43 p.m. - Norman Cohen, Town Counsel, assumed the pos�ion of i
Moderator. �
I
i
ARTICLE 23 - PARKING LOT OPERATION AND MAINTENANCE I
MOTION: That the sum of $80,000 be appropriated for
parking lot operation and maintenance in the Town, passed
and that such amount be transferred from Parking see below
Funds.
9:43 p.m. - Presented by Leo McSweeney, Board of Selectmen.
9:45 p.m. - Capital Expenditures and Appropriations Committee state
approval. �
There was discussion as to use of parking meter fees, their
restrictions, and abatements to leasing property owners.
,
Following a voice vote, the Moderator declared the motion to have i
passed at 9:56 p.m. �
--------------- �
Mrs. Battin resumed the position of Moderator. �
I
�
ARTICLE 24 - WESTVIEW CEMETARY DEVELOPMENT �
�
MOTION: That the sum of $60,000 be appropriated for
the development of Westview Cemetery, and to raise
such amount $60,000 be transferred from the Westview passed
Cemetery Sale of Lots Fund. see below j
Notice of Reconsid. I
9:57 p.m. - Presented by Leo McSweeney, Board of Selectmen. see below
9:58 p.m. - Capital Expenditures and Appropriations Committee spoke
in favor.
;
Following a voice vote, the Moderator declared adoption at 10:00
p.m.
I
--------------- i
ARTICLE 25 - EXHAUST SYSTEM
MOTION: That the sum of $50,000 be appropriated to �
purchase and install exhaust fan systems at the passed
Public Works Building, and that such amount be raised see below
in the tax levy. i,
10:01 p.m. - Presented by Leo McSweeney, Board of Selectmen. i
10:02 p.m. - Capital Expenditures and Appropriations Committees �
recommended approval.
i
10:03 p.m. - Robert Rotberg, Pr. 3, served Notice of �
Reconsideration on Article 24.
�
Following a voice vote, the Moderator declared the motion to be '
unanimously adopted at 10:03 p.m. '
j
--------------- i
--_— ---:----- ------- ------- ---- - ---- -- --
—�---
, ��
' 1 �
(ADJOURNED SESSION, A.T.M. ,CONT. - APRIL 4 , 1988)
ARTICLE 26 - FIRE STATION REROOFING
MOTION: That the sum of $60,000 be appropriated to passed
reconstruct and make extraordinary repairs to the see below
roof and gutters of the fire stations, including the
repointing of brick, and that such amount be raised
in the tax levy.
10:04 p.m. - Presented by Leo McSweeney, Board of Selectmen.
10:05 p.m. - Capital Expenditures and Appropriations Committee
expressed approval.
Following a voice vote, the Moderator declared a unanimous adoption
at 10:07 p.m.
ARTICLE 27 - FIRE TRUCK REHABILITATION
MOTION: That the sum of $35,000 be appropriated to
rehabilitate Fire Engine ��2, and that such amount be passed
raised in the tax levy. see below
10:06 p.m. - Presented by Leo McSweeney, Board of Selectmen.
10:09 p.m. - Capital Expenditures and Appropriations Committees
recommended favorable action.
Following a voice vote, the Moderator declared a unanimous adoption
at 10:11 p.m.
�I. ---------------
t .�.
ARTICLE 28 - TENNIS COURT RESURFACING
MOTION: That the sum of $90,000 be appropriated to postponed
reconstruct and rehabilitate the Center Playground see p.200
tennis courts as determined by the Recreation
Committee with the approval of the Board of
Selectmen, and that such amount be raised in the tax
levy.
10:11 p.m. - Presented by Leo McSweeney, Board of Selectmen, who
ask�d for postponement to April 6.
Following a voice vote at 10:11 p.m. , the Moderator declared
Article 28 postponed until April 6.
---------------
ARTICLE 29 - PROPERTY VALUE UPDATE
MOTION: That the sum of $92,000 be appropriated to
revalue real and personal property in the Town, and Postponed
� see p.201
that such amount be transferred from the Unreserved
� Fund Balance.
10:12 p.m. - Presented by Paul Marshall, Board of Selectmen, who
asked for postponement to April 6.
Following a voice vote at 10:12 p.m.,' the Moderator declared
Article 29 postponed until April 6.
----------------
� �� (ADJOURNED SESSION, A.T.M. , CONT. - APRIL 4 , 1988) '
ARTICLE 30 - CARY LIBRARY BUILDING RENOVATIONS I
MOTION: That the sum of $125,000 be appropriated to '
passed
remodel, reconstruct and make extraordinary repairs see below
to Cary Memorial Library and for additional library . '
,
equipment, and to raise such amount $59,000 be ;
transferred from the Reserve Fund-Overlay Surplus and � j
$66,000 be raised in the tax levy. � i
10:13 p.m. - Presented by William Dailey, Jr., Board of Selectmen.
10:16 p.m. - Capital Expenditures, Appropriatons Committee, and
School Committee recommended support.
Following a voice vote, the Moderator declared a unanimous adoption
at 10:19 p.m.
----------------
ARTICLE 31 - LEXPRESS MINI-BUS
MOTION: That the sum of $237,000 be appropriated for 1
a local transportation system, that such amount be I
raised in the tax levy, and that the Selectmen be Postponed �
authorized to apply for, accept and expend funds from see p. 220
the M.B.T.A. or any other governmental agency in
connection with such local transportation system, and
to contract with a private transit company to provide �
transportation services. �
1
10:20 p.m. - Presented by John Eddison, Board of Selectmen, who ;�
asked for postponement to April 11.
�
Following a voice vote at 10:22 p.m. , the Moderator declared
postponement of Article 31 to April 11.
--------------------
�
ARTICLE 32 - HAZARDOUS WASTE COLLECTION
MOTION: That the sum of $30,000 be appropriated for �
a contract with a licensed hazardous wastes �
transport, storage and disposal company or by other passed i
methods to collect and dispose of residential see below
hazardous wastes; that such amount be raised in the �
tax levy; and that the Selectmen be authorized to �
select the contractor and to set user fees and take I.
all other steps necessary to carry out this project. I
10:22 p.m. - Presented by Jacquelyn Smith, Board of Selectmen.
I
10:27 p.m. - Appropriations Committee and Conservation Commission
recommended favorable action.
. �
There was discussion as to expanded programs to meet needs. .
I '
Following a voice vote, the Moderator declared unanimous adoption - ;
at 10:36 p.m.
----------------- �
,
I
10:36 p.m. - John Eddison, Board of Selectmen, moved that the
meeting be adjourned until April 6 at 8 p.m.
�
�
----- -- -f— ------ --------------------
���
(ADJOURNED SESSION, A.T.M. ,CONT. - APRIL 4 , 1988)
The Moderator presented the following schedule: Articles 28, 29,
47 on April 6; Articles 22, 31 on April 11; Articles 33, 34 on �ril
13; Article 36 on April 27. �
At 10:37 p.m. the Moderator declared the meeting adjourned until
.� April 6.
A true copy.
� � j �
Attest: %� ,
✓/ � , �
Bernice H. Fallick, Town Clerk
1
�
.t_._�
?��1 ;
�
i
ADJOURNED SESSION - 1988 ANNUAL TOWN MEETING i
APRIL 6, 1988 �
The meeting was called to order by Moderator Margery M. Battin at I
8:00 p.m. , in Cary Memorial Hall. �
There were 180 Town Meeting Members present. (197 membership)
I
8:01 p.m. - The invocation was offered by Reverend Brian Dixon, i
First Baptist Church.
8:01 p.m. - The Moderator declared a formal recess.
Paul Newman, School Committee, honored the Varsity Boys Basketball
Team for their achievements.
8:07 p.m. - The Meeting was called to order. The Moderator spoke
of procedural matters.
ARTICLE 2 - REPORTS
8:10 p.m. - Carolyn Wilson, Recreation Committee, Lincoln Street !
Subcommittee, presented an update.
8:14 p.m. - Angela Frick, Conservation Commission, announced the �
intent to table Article 36, Pine Meadows, in order to allow it to 1
come up earlier if necessary.
8:16 p.m. - John Sackton, Central America Sister City Committee, I
requested that the report be accepted and placed on file.
He introduced Martin Diskin to present information on the report. , i
i
Following a voice vote at 8:26 p.m. , the Moderator declared the �
report accepted and placed on file.
8;27 p.m. - Stanley Finkelstein, Board of Health, stated the intent I
to bring up Article 50, Smoking in Public Places By-law, out of
ordero
I
Esther Arlan, TMMA, requested dues payment and stated the decision
of TMMA to contribute to the library upon the death of family of
TNIl�IA members.
Martha Wood, Planning Board, commented on Article 43, and the i
intent to postpone so that revisions regarding the traffic signal
could be made by the owners of the property. �
---------------
I
�
ARTICLE 28 - TENNIS COURT RESURFACING �
I
MOTION: That the sum of $90,000 be appropriated to �
reconstruct and rehabilitate the Center Playground I
tennis courts as determined by the Recreation passed 'I
Committee with the approval of the Board of see below , i
Selectmen, and that such amount be raised in the tax
I
levy.
8:29 p.m. - Presented by Leo McSweeney, Board of Selectmen. i
Donald Chisholm, Recreation Committee, gave the history.
I
8:34 p.m. - Capital Expenditures and Appropriations Committee
recommended favorable action, as did School Committee. �I
Following a voice vote at 8:37 p.m. , the Moderator declared
unanimous adoption. i
--------------- '
_. —-- --- - - ------- --- -_____---- —
_,�
—�—
���
(ADJOIIRNED SESSION, A.T.M., APRIL 6, 1988, CONT.)
ARTICLE 29 - PROPERTY VALUE UPDATE
MOTION: That the sum of $92,000 be appropriated to
revalue real and personal property in the Town, and Passed
that such amount be transferred from the Unreserved see below
Fund Balance.
, 8:37 p.m. - Presented by Paul Marshall who gave the history.
8:41 p.m. - Robert Leone, Chairman of the Board of Assessors,
gave further explanation and the intent to bring the commercial
assessment in house and improve the quality of the data.
8:48 p.m. - Appropriations Committee urged passage.
Following a voice vote at 8:51 p.m. , the Moderator declared
unanimous passage.
----------------
8:50 p.m. - Paul Marshall, Board of Selectmen, moved to take
Article 47 out of order.
Following a voice vote at 8:50 p.m. , the Moderator declared Mr.
Ma.rshall's motion accepted.
ARTICLE 47 - HOME RULE PETITION - ABATEMENT FILING EXTENSION
MOTION: To see if the Town will vote to petition the
General Court for an act to permit certain property passed
owners in the East Lexington section to apply after see below
the deadline for real estate tax abatements for
Fiscal Year 1987; or act in any other manner in
`-- relation thereto.
8:51 p.m. - Presented by Paul Marshall, Board of Selectmen.
Map 21 property data was incorrect and there is no statutory
provision available for 1987 rebatements which amount to
$10,275.97.
8:54 - Appropriations Committee recommended approval.
Following a voice vote at 8:54 p.m. , the Moderator declared Signed by
unanimous approval. Governor
April 26, 1989
ARTICLE 33 - PARKING STUDY - LEXINGTON CENTER
8:54 p.m. - Presented by John Eddison, Board of Selectmen, who
moved to postpone to Wednesday, April 13.
postponed
Following a voice vote at 8:54 p.m. , the Moderator declared see p.223
postponement to Wednesday, April 13.
�� ----------------
�.n
i
?02 I
(ADJOURNED SESSION, A.T.M., APRIL 6, 1988, CONT.) !
I
ARTICLE 34 - DESIGN PLAN - LEXINGTON CENTER �
postponed �
8:55 p.m. - Presented by John Eddison, Board of Selectmen, who see p. 224
moved to postpone to Wednesday, April 13. as passed
see p. 225
Following a voice vote at 8:55 p.m. , the Moderator declared Notice of Recons. '
postponement to Wednesday, April 13. P•225 �
motion to �
---------------- Recons. not passed `�
p. 276
ARTICLE 35 - TRAFFIC SIGNALS
8:56 p.m. - Vicky Schwartz, Pr.3, moved to postpone to Wednesday,
April 13. postponed
see p.227
Followi.ng a voice vote at 8:56 p.m. , the Moderator declared
postponement to Wednesday, April 13.
ARTICLE 36 - PINE MEADOWS GOLF COURSE
�I
8:56 p.m. - John Eddison, Board of Selectmen, moved to table. ;
tabled i
Following a voice vote at 8:57 p.m. , the Moderator declared Article
36 tabled. passed
see p.266
----------------
�
ARTICLE 37 - CONSERVATION PURCHASE - LOWER VINE BROOK
i
MOTION: That this article be indefinitely �
postponed.
8:57 p.m. - Presented by Angela Frick, Conservation Commission.
Mrs. Frick told the Meeting that the land in question had already
Indef. Post.
been sold for commercial development. '
I
Following a voice vote at 8:57 p.m. , the Moderator declared
Indefinite Postponement.
�
ARTICLE 38 - ZONING BY-LAW, TECHNICAL CORRECTIONS
8,:58 p.m. - Karsten Sorenson, Planning Board, moved that the report
be accepted and place on file. '
Following a voice vote at 8:58 p.m. , the Moderator declared the �
report accepted and placed on file.
MOTION: That the Zoning By-Law of the Town be '
amended as set forth in the moti�n entitled Motion !
for the Town Clerk which is attached to the Planning
Board's Report on this proposed amendment.
9:00 p.m. - Presented by Karsten Sorenson. ��
� �
�
i
�
I
_------ -- -- — --- --------- -------- _------___ --__�
�--
203
(ADJOURNED S�S5IUN, A.T.M. , CO�T. - APkTL 6, 198$)
ARTICLE 38 ZONING BY-LAW, TEC�CAL CORRECTIOA6S
�; MUTION FOR TOWN CLERK
{Does not Contain Explanatory Material Included in the Planning
- Board Report}
rlotion: That the Zoning By-Law be amended in various sections, as
follows:
Amendment 1 - A 1) In Section 2, llEFINITIONS, by adding a new
definition, in tne proper alphabetical sequence, as follows:
"DEVELOPMENT REGULATIONS: The document adopted, and amended from
time to time by the Planning Board, containing various regulations,
procedures, standards and fees for actions which the Planning Board
uses in dealing with subdivision control, zoning and other natters
relative to residential and commerciai development in Lexington.";
and
By striking out the existing definition "KULES AND REGULATIONS" in
its entirety; and
In subparagraph 9.3.1 in the first sentence by striking out the
words "Ru1es and Regulations Governing the Subdivision of Land" and
in the second sentence by striking out the words "Rules and Regula-
tions" and by inserting in place thereof in each location the words
"Development Regulations"; in subparagraph 9.4.3 in the second
sentence, by striking out the words "Rules and Regula-tions" and
( by inserting in place thereof the words "Development Regulations"
I
Amendment 2) In Section 2, DEFIIVITIONS, �A��IILY, in the second
sentence, by adding , at the end, the words: "; any roou�er, not so
related, living in the dwelling unit shall be included in determin-
ing the number of unrelated individuals" so that the sentence, as
amended, will read: "For purposes of controlling residential
density, not more than four unrelated individuals sha11 constitute
a famiiy; any roomer, not so related, living in the dwelling unit
shall be included in determining the number of unrelated
individ uals."
A 3) In Section 2, DEPINITTONS, FRONTAGE, LOT, by deleting the
words "could provide for vehicular access f rom a principal building
or a required parking space" and by inserting in place thereof the
words: "can provide the physical access to a principal building on
the Iot, in compliance with applicable by-1aws, regulations or
iaws, for motor vehicles to reach required off-street parking
spaces or loading bays, and for emergency services such as fire
protection or ambulance service, and for other vehicles to gain
access to the principal building for deliveries, such as mail." so
that the definition, as amended, will read:
"FRONTAGE, LOT: The continuous portion of the line separating a
lot from a street to which the owner of the lot can provide the
physical access to a principal building on the lot, in compliance
, with applicable by-laws, regulations or laws, for motor vehicles to
reach required off-street parking spaces or loading bays, and for
emergency services such as fire protection or ambulance service,
and ior other vehicles to gain access to the principal building for
deliveries, such as mail."
C� 4) In Section 2, DEFINTTIONS, STREET, ROAD OR WAY in subpara-
graph b by adding the words: "and constructed in accordance with
such plan" after the words "Control Law" so that the definition, as
amended, will read:
"b. A way shown on a plan theretofore approved and endorsed in
accordance with the Subdivison Control Law and constructed in
accordance with such plan; or"
���
(C-�llJUURNEll SESSION, A.`l'.M. , CONi'. - APRIL 6, 1�J$t�j
�
i
A 5) Tn Section 2, i�EF`IN1T101v5, STt�UCTURE, by adding at the end
the words: "; but not including paved surfaces such as a driveway, �
a walk or a patio" �
so that the definition, as amended, wi11 read: �
"STRUCTURE: Anything constructed or erected, t�e use of which i
requires a fixed location on the ground, or attachment to something
located on the ground, including buildings , mobile homes , biil- '
boards, tanks or the like, or parts thereof, and swimming pools; i
but not including paved surfaces such as a driveway, a walk or a �
patio."
A 6) in Section 2, DEFINITIONS, TEMPORARY STRUCTURE, by striking '
out the word "shanty" and inserting in place thereof the word
"shed" and by adding the words: " , or such other time period as
may be specified in this By-law" so that the definition, as amended
will rea�:
"TEMP012AKY STRUCTU�ZE�: Tent, construction shed; or similar portable
or demountable structure intended for continuous use for no� longer
than one year, or such other time period as may be specified in
this By-law."
In Section `L, DEFINITIONS, TEMPOI�RY USE, by deleting the word �
"calendar" before the caord "year" and by adding the words: " , or I
such other time period as nay be specified in this By-law" so that
the definition, as amended wzll read:
"lEMPOKARY USE: Use, operation or occupancy of a parcel of iand, i,
building or structure tor a period not to exceed one year, or such i
other time period as may be specified in this By-law."
A 7) In subsection 3.`L wnich deals with the Board ot Appeals �.
authority to grant a variance or to decide an appeal aggrieved by a. i
decision of the building commissioner, by adding a new paragraph, �,,,
as follows:
"3.2.3 PROCED'JI2ES FOR APPEALS AN� VAIZIANCES � I
The procedures for an appea1 brought under paragraph 3.Z.1 ""�
or for a petition for a variance filed under paragraph 3.2.2 shall
be the same as those for a petition for a special permit or a
special permit with site plan review as set forth in subparagraphs
3.5.1.1 (information required) , 3.5.1."L (acceptance ot applica-
tion) , 3.5.2 first sentence only (SPGA procedures) , and 3.5.4
(extension of time tor action, leave to withdraw) , except where:
1) Chapter 40A, The Zoning Act, may provide for different tiiae
periods or other procedures chan those for an appeal or a variance
or 2) the context of the appeal or the petition for the variance �
are clearly different given the substance of the appeal or the i
petition.
A petition for a variance shall state the section, paragraph or
line for which the variance is souoht, what would need to be pro-
vided to comply with this By- law, what the petitioner proposes, i
spelled out in specific terms, and the difference between what is �
required and what is proposed."
A 8) In subparagraph 3.5.1.1 which deals with application proce- ,
dures for a special perruit or special permit with site plan review,
by adding a new second paragraph, as follows: ,
"In the event a person seeks a special permit under more than one �
provision of this By-law as part ot one building or site develop- '
ment proposal, he/she sha11 file an application that clearly iden-
tifies each provision of the By-law for which such special permit '
is sought. The SPGA may issue notice, conduct a hearing and issue �
a decision in a concurrent manner that does not require a separate ,
application, notice, hearing and decision on each such special ,
permit, provided that it clearly identifies the separate provisions
of the By-iaw for which each special permit is sought or granted. �
In the event a person seeks a special permit and a variance as part
of one building or site development proposal, he/she shall file a �
separate application for each and a separate decision shail 'oe
rendered for each. �
i
-- --- ---------- �--- -----
---------------__---- -
2 G 5, �
(AT?.70UR�1ED SESSION, A.T.ri. , CONT. - APR1L 6, 19$�)
Q
A y) In subparagraph 3.5.i.1, which deals with the information
required to be submitted with an application for a special permit
with site pian review, by redesignating subparagraphs "e, f and g"
to be "f, g and h" respectively;
in the newly redesignated subparagraph "f" by inserting the words:
" , other than traff ic impacts," after the word "impacts" in the
second line, so that the subparagraph, as amended, will read:
"f. if applicable, proposals for mitigating measures or the con-
struction of improvements to deal with the impacts , other than
` traffic impacts, of the proposed development or to provide suffi-
cient capacity in Town facilities or services; and"
and by inserting a new paragraph "e" , as follows:
"e. if, applicable, a traftic study, and a proposal for mitigating
measures to improve capacity or for trip reduction prog rams, if
any, as described in Section 12,"
A lOj In subparagraph 3.6.1 g. 7) , which deals with information to
be included in a preliminary site development plan, by inserting
the words: "and, if applicable, net floor area, . .." before the
words "of all non-residential buildings" so that the line, as
anended, will read: "7) gross floor area and, if applicable, net
floor area, of all non-residential buildings;" ;
A lij In subparagraph 4.1.2 by striking out the wording in the
subparagraph beginning with "Y" and by inserting in place thereof:
"Y YES: Permitted as of right provided however that all:
1) non-residential uses or developments with 10,U00 square feet
or more of gross floor area, including any existing floor
area, but not including any floor area devoted to residen-
tial use or to off-street parking or loading, or
2) all residential uses or developments with three or more
dwelling units, or their equivalent, including any existing
dwelling units,
are not permitted as of right but are allowed only upon the grant-
ing ot a special permit with site plan review (SPS); "
In subparagraph I2.1.2, which deals with the requirement for a
traffic study and a special permit with site plan review, by strik-
ing out the first seven lines up to the words: "unless a special
permit. . . ." and by inserting in place thereof the words:
"12.1.2 No building permit shall be granted for the erection of a
new building or the enlargement .of an existing building with the
result that:
lj there are 10,000 square feet or more of gross floor area on
the lot, including any existing floor area, but not includ-
ing any floor area devoted to residential use or to off-
street parking or loading, or
'L} there are 50 or more dwelling units, or their equivalent, in
a development, including any existing dwelling units,
unless a special permit with site plan review has been granted .. ."
(remainder unchanged)
A 12) In Table 1, PEKMITTED USES AND DEVELOPMENT STANDARDS, in
line 1.17 by adding at the end the words "; may be located in a
required yard setback if not otherwise feasible to locate on the
lot" so that the line, as amended, will read: "i.17 Temporary
dwelling, which may include a mobile home, to be erected for a
period of not more than one year to replace a permanent dwelling
which has been damaged or destroyed by fire, natural catastrophe,
or by demolition or substantial reconstruction; may be lacated in a
required yard setback if not otherwise feasible to locate on the
lot'
A 13) In Table 1, PERMITTED USES AND DEVELOPMENT STANDARDS, in
line 1.24 by inserting the words " , residing in the dwelling" after
the words professional person" so that the line, as amended will
read: "i.24 Home occupation, or offi.ce of a physician, dentist or
other professiona'� person, residing in the dwelling, provided there
is no e�;terior evidence of the occupation and eachemployee is also
a resident in the dwelling; . . ." (remainder unchanged)
��� ;
tAD.70URNED S�,SS���OPd, A.T.M� , COivT. - APRIL b, 3�$F�j i
.
A 14) In subparagraph 7.1.1 by scriking out the first paragraph in
its entirety and by inserting in place thereof the following: '
"7.1.1 Each use, building or structure shall comply with the �
standards set forth in Table 2, Schedule of Dimensional Controls, i
except where specifically provided otherwise by this �y-Iaw."; and i
by inserting a new subsection 7.1.4, as follows: i
"7.1.4 UNE DWELT.ING PER LOT ;
In an R0, RS, or KT district, not more than one dwelling, �
or other principal use, other than an agricuitural use, shall be '
erected on a lot uniess specifically authorized by other provisions
of this By-1aw. Each such lot shall comply with the minimum lot �
area, the minimum lot frontage, the minimum lot width and each
dwelling or building containing another type of permitted principal
use shall comply with the requirements of Table `L."
A 15) In subparagraph 7.9.2 a 1) by: (a) striking out the word
"vegetated" and inserting in place thereof the word "f reshwater"
aad (b} adding at the end of the clause the words: "or land located ,
under a brook, creek, stream or river or pond or lake," so that the ,
wording, as amended, will read: "a wetland, which shall mean a
"freshwater wetland" as defined in Chapter 131, Section 4G, M.G.L.
or land located under a brook, creek, stream or river or pond or �
lake,"
�I
i
A 16) In subparagraph 9.3.2 in the second sentence, which deals ,
with the distance at which two new streets may intersect with a �
public street, by striking out the number "l0U" feet and inserting
in place thereof the number "125" feet. �
i
A 17) In subparagraph 11.7.5. which deals with the marking and i
delineation of parking spaces and loading bays , in. the first sen- I
tence, by adding at the end the words: " , and signs sha11 be
erected indicating that loading bays, and if necessary, compact or
other reserved parking spaces, are reserved for such use." so that
the sentence, as amended, will read: "In a parking lot or loading
area, the surf ace of the parking lot or loading area shall be �
painted, marked or otherwise delineated so that the location of the
parking spaces and loading bays is apparent, and signs shall be
erected indicating that loading bays , and if necessary, compact or I
other reserved parking spaces, are reserved for such use." I
A 18} In subparagraph 12.2.3, in the second paragraph, which deals I
I
with determining if a street or an intersection is likely to be i
affected by a development, by adding the word "only" after the
words "in the case of an intersection" so that the affected part of
the sentence, as amended, will read "2) in the case of an intersec-
tion only, traffic f rom the proposed development will add 5 percent
• or more to the approach volumes." �
i
A 19) In subparagraph 11..2.4 i, in the first sentence, which deals
with proposed mitigating measures or trip reduction programs as �
part of a traffic study, by striking out the words "included in"
after the words "they shall be" in the second line and by insert- '
ing in place thereof the words: "proposed by the applicant and
shall accompany.. ." so that the the sentence, as amended, will
read: "Where rsitigating rieasures or trip reduction programs are _ �
proposed, they shall be proposed by the applicant and accompany the !
traffic study at the time of filing of the application."
A 20) In subparagraph 12.3.3, in the first senter►ce in �he first �
paragraph, which deals with traffic improvements that increase the '
traftic carrying capacity of an intersection or street, by adding !
the words " , or other method of positive traffic control, such as a
traffic control off icer," after the words "traffic engineering �
improve�ents" at the end of the first line; �
in the second sentence by inserting the words: "or other method of
traffic control" after the words "such improvements" and after the
words "traffic engineering improvement" so that the first para-
graph, as ameaded will read:
"The SPGA snall consider that various traffic engineering improve-
ments, or other method of positive traftic control, such as a i
_------ -------- - - -- -------- -- -
�----
- 207
(AD3UURNED SESSiON, A.T.M� , CONT. - APILIL 6, 19u$)
tratlic cor�trol o��icer, can imprave the traffic carrying capacity
of an intersection or street and improve the IeveT of service
rating to a higher and acceptable vaiue. The SPGA sha1� consider
such improvements, or other method of traffic controi, in its
determination and may make a conditional determination that ade-
quate capacity is dependent upon the construction of the traffic
engineering improvement, or other method of traffic control."
�
( In subparagraph 12.3.3, in the second paragraph, which deals with
__ the conditions which the Board of Appeals may impose with respect
to traffic improvements that increase the traffic carrying capacity
of an intersection:
1) at the end of the first sentence by adding the words: " , or of
the start of another method of positive traffic control, such as a
traffic control officer, on a permanent basis" after the words
"trarfic engineering improvement";
2) at the end of the the second sentence by inserting the word s:
"or the execution of an agreement with the Town of Lexington for
another method of traffic control" after the words "traffic engi-
neering improvement" ;
3) by striking out the fourth sentence of the second paragraph and
inserting in place thereof a new tourth sentence as set forth in
the following description ot the completely revised second
paragraph;
so that the second paragraph, as amended will read:
"The SPGA may make a condition of its approval of the special
permit or special permit with site plan review that the start, or
any stage, of the construction or the development, or the occupancy
thereaf, is dependent upon the start or completion of the traffic
engineering improvement, or of the start of another method of
positive traffic control, such as a traffic control officer, on a
permanent basise A conditional approval shall be dependent upon at
least a start of the physical construction of the traffic engineer-
ing improvement or the execution of an agreement with the Town of
--- Lexington for another method of traffic control. Letters of sup-
port, or comnitment, or approval, or the award of a contract are
not considered as a start of construction. however, as the basis
for making a conditional determination of adequacy, the SPGA may
consider as evidence, that the traffic carrying capacity will be
improved to a higher level of service, such letters of support, or
commitment, or approval, or the awarci of a contract for construc-
tion of the craffic engineering improvement, or a proposed agree-
ment with the Town of Lexington for another method of traffic
control."
LEXINGTON PL�i'VNZIQG BOAKD BY: s/s Karsten Sorensen
Karsten Sorensen
�+`�� '
(ADJOURNED SESSION, A.T.M., APRIL 6, 1988, CONT.) j
I
Mr. Sorensen gave an explanation and Martha Wood, Planning Board, �
continued the explanation. '
�
I
9:18 p.m. - Martha Wood made the following motion: �
MOTION: in item A 11) I
in the part that amends subparagraph 4.1.2, of the �
Zoning By-law, in subparagraph 1) , in the third and passed , �
fourth lines, by deleting the words "or loading" so see below
that the third line, as amended, will read: " . . . .
any floor area devoted to residential use or to off-
street parking, or"
in the part that amends subparagraph 12.1.2, of the
Zoning By-law, in subparagraph 1) , in the third line,
by deleting the words "or loading" so that the third
line, as amended, will read: ' . . . . devoted to
residential use or to off-street parking, or" �
Following a voice vote at 9:20 p.m. , the Moderator declared the �
motion to have been adopted. unanimously. ;
�
9:21 p.m. - Ephraim Weiss, Pr.5, moved the following: ',
MOTION: A 11 be deleted in its entirety. not passed ''�
Following a voice vote at 9 :25, the Moderator declared the �
amendment to have not passed. �
i
More than 20 people rose to doubt the vote and a standing vote was
tallied as follows: �
yes no
Precinct 1 3 9
2 10 2
3 13 4
4 p 14
5 11 2
6 2 8
� 2 10 I
g 3 9
9 7 5
At large 0 18
Totals 51 81 i
�I
At 9 :28 p.m. , the Moderator declared the motion by Mr. Weiss not to ',
�
have passed. '
Mrs. Wood continued the explanation of the Article. II
9:50 p.m. - Karsten Sorensen, Planning Board, made the following �-�,
i
motion to correct a typographical error: ;� �
MOTION: in item A 15 in the first line by striking Passed
out "7.9.2 a" and inserting in place thereof see below
�
"7.9.1 a"
i
Following a voice vote at 9 :51 pem. , the Moderator declared
unanimous adoption.
The Moderator stated that for purposes of voting, Article 38 would
be divided and Section 20 would stand alone. Mrs. Battin called
for a vote on Article 38, A 1 through A 19, as offered by Mr.
Sorensen and as amended.
----- ---_____---------- ----
----- ----------- - _---- -—--
�
�09
.�
(ADJOURNED SESSION, A.T.M. , APRIL 6, 1988, CONT.)
Following a voice vote as 9:59 p.m. which was not unanimous, the
Moderator called for a Standing Vote which was tallied as follows:
yes no
�`. Precinct 1 12 1
� � 2 16 2
(� , 3 16 0
4 17 0
5 13 1 '
6 14 0
7 16 0
8 11 4 '
9 17 0 '
At large 19 0
Totals 151 8
At 10:02, the Moderator declared the motion adopted.
See pages 210-213 for Article 38 as amended and adopted.
�
�W
� lO
�
�r�DJOURNEll SESSION, A.T.M. , CONT. - APRIL 6, lyF�8j
ARTICLE 38 ZONING BY-LAW, T�CHYNTTICAL CO�RECTIO�S ��,
MOTIOPd FOI� TOWN CLERK
's
-I" � I
Nlotion: rhat the Zoning T3y-Law be amended in various sections , as „_} i
as amended follows: ��
and adopted
Amendment 1 - L� 1) In Section 2, DEFINITZUNS, by adding a new
Notice of definition, in the proper alphabetical sequence, as follows :
Recons. "DEVELOPMENT TZEGULATIOTIS: The document adopted, and amended from
see p.214 time to time by the Planning Board , containing various regulations, ,
procedures, standards and fees for actions which the Planning Board
uses in dealing with subdivision control, zoning and other matters
re�ative to residential and commercial development in Lexington.";
and
By striking out the existing definition "RULES AND REGULATIONS" in
its entirety; and
In subparagraph 9.3.1 in the first sentence by striking out the ,
words "Rules and Regulations Governing the Subdivision of Land" and '
in the second sentence �y striicing out the words "Rules and Regula-
tions" and by inserting in place thereof in each location the words
"Development Regulations"; in subparagraph 9.4.3 in the second
sentence, by striking out the words "Rules and Regula-tions" and
by inserLing in piace thereof the words "Development Regulations" �
,..
Amendment 2) In Section �, DEFINITIONS, FE1T'IILY, in the second ' �
sentence, by adding, at the end, the words: "; any roomer, not so '
related, living in the dwelling unit shall be included in determin-
ing the number of unrelated individuals" so that the sentence, as '
amended, will read: "For purposes of controiling resiclential
density, nat more than four unrelated individuals shall constitute
a fau�ily; any roomer, not so rela�ed, living in the dwelling unit i
shall be included in determining the number of unrelated i
individuals."
A 3) In Section 2, DEFINITIONS, FRONTAGE, LOT, by deleting the I
words "could provide for vehicular access from a principal building �
or a required paricing space" and by inserting in place thereof the '�
words: "can provide the physical access to a principal building on ,,
the lot, in conpliance with applicable by-laws, regulations or
laws , for motor vehicles to reach required off-street parking ,
spaces or leading bays, and for emergency services such as fire '
protection or ambulance service, and for other vehicles to gain
access to the principal building for deliveries, such as mail." so
that the definition, as amended, will read:
"FRONTAGE, LOT: The continuous portion of the line separating a �
lot from a street to which the owner of the lot can provide the
physical access to a principal building on the lot, in compliance
with applicable oy-Iaws , regulations or 1aws, for motor vehicles to �-,� i
reach required off-streeL parking spaces or loading bays, and for � I
emergency services such as fire protection or ambulance service,
and for other vehicles to gain access to the principal building for i
deliveries, such as mail."
I
A 4) In Section 2, D�:FINITIONS, STREET, ROAD OR WAY in subpara- �
graph b by adding the words: "and constructed in accordance with ,
, such plan" after the words "Control Law" so that the definition, as
amended, will read:
"b. A way shown on a plan theretofore approved and endorsed in
accordance with the Subdivison Control Law and constructed in ;
accordance with such plan; or" !
�
- ------- ----�- --------�---- ------------ -,._ _-----:-____
�� ��
1�3J0ll1�N�D SESSION, [�.T.M. , CUNT. - APk1T. 6, 138$j
A 5) In Section 2, DEFINITIONS, STRUCTURE, by adding at the end
the words: "; but not including paved surfaces such as a driveway,
a walk or a patio"
so that the definition, as amended, will read:
"STRUCTURE: Anything constructed or erected, the use of which
requires a fixed location on the ground, or attachment to something
located on the ground, including buildings, mobile homes, bill-
r-- boards, tanks or the like, or parts thereof, and swimming pools;
� but not including paved surfaces such as a driveway, a walk or a
patio.'
A 6) In Section 2, DEFINITIONS, TEMPORARY STRUCTURE, by striking
out the word "shanty" and inserting in place thereof the word
"shed" and by adding the words: " , or such other time period as
may be specified in this By-law" so that the definition, as amended
will read:
"TEMPORARY STRUCTURE: Tent, construction shed; or similar portable
or demountable structure intended for continuous use for not Ionger
than one year, or such other time period as may be specified in
this By-law."
In Section 2, DEFINITIONS, TEMPORARY USE, by deleting the word
"caiendar" before the word "year" and by adding the words: " , or
such other time period as may be specified in this By-law" so that
the definition, as a�ended will read:
"TEI�IPORARY USE: Use, operation or occupancy of a parcel of land,
building or structure for a period not to exceed one year, or such
other time period as may be specified in this By-law."
A 7} In subsection 3.2 which deals with trie Board of Appeals
authority to grant a variance or to decide an appeal aggrieved by a
decision of the building commissioner, by adding a new paragraph,
�^^ as follows:
( ' "3.2.3 Pt�OCEDURES F012 APPEALS AND VARIANCES
�� _ The procedures for an appeal brought under paragraph 3.2.1
or for a petition for a variance filed under paragraph 3.2.2 shall
be the same as those for a petition for a special permit or a
special permit with site plan review as set forth in subparagraphs
3.5.1.1 (information required) , 3.5.1.2 (acceptance of applica-
tion) , 3.5.2 first sentence only (SPG� procedures) , and 3.5.4
�extension of time for action, leave to withdraw) , except where:
17 Chapter 40A, The Zoning Act, may provide for different time
periods or other procedures than those for an appeal or a variance
or 2j the context of the appeal or the petition for the variance
are clearly different given the substance of the appeal or the
petition,
A petition for a variance shall state the section, paragraph or
line for which the variance is sought, what would need to be pro-
vided to comply with this By- law, what the petitioner proposes,
spelled out in specific terms, and the difference between what is
required and what is proposed."
A $) In subparagraph 3.5.1.1 which deals with application proce-
dures for a special permit or special permit with site plan review,
by adding a new second paragraph, as follows:
"In the event a person seeks a special permit under more than one
� provision of this By-law as part of one building or site develop-
ment proposal, he%she shall file an application that clearly iden-
�---- tifies each provision of the By-law for whic'h such special permit
is sought. The SPGA may issue notice, conduct a hearing and issue
a decision in a concurrent manner that does not require a separate
application, notice, hearing and decision on each such special ,
permit, provided that it clearly identifies the separate provisions
of the By-law for which each special permit is sought or granted.
In the event a person seeks a special permit and a variance as part
ot one building or site development proposal, heishe shall file a
separate application for each and a separate decision shall be
rendered for each.
%� f,
�AU.J�UURNED SESSION, A.T.M� , COIVT. - APRTL 6, 19$b} i
I
A 9) In subparagraph 3.5.1.1 , which deals with the information !
required to be submitted with an application for a special permit
with site plan review, by redesignating subparagraphs "e, f and g" i
to be "f, g and h" respectively; ;
in the newly redesignated subparagraph "f" by inserting the words:
" , other than traffic i�pacts," after the word "impacts" in the
second line, so that the subparagraph, as amended, wi11 read:
"f. if applicable, proposals for mitigating measures or the con- '�
struction of improvements to deal with the impacts , other than ;
traffic impacts, of the proposed development or to provide suffi-
cient capacity in Town faciiities or services; and" j
and by inserting a new paragraph "e" , as follows: �
"e. if , applicable, a traffic study, and a proposal for mitigating i
measures to improve capacity or for trip reduction programs, if
any, as described in Section 12," �
A 10) In subparagraph 3.6.1 g. 7) , which deals with information to
be included in a preliminary site development plan, by inserting
the words: "and, if applicable, net floor area, . .." before the
words "of all non-residential buildings" so that the line, as
amended, will read: "7) gross floor area and, if applicable, net
tloor area, of all non-residential buildings;" ;
A 11) In subparagraph 4.1.2 by striking out the wording in the I
subparagraph beginning with "Y" and by inserting in place thereof: j
"Y YES: Permitted as of right provided however that all:
1) non-residential uses or developments with 10,0U� square feet
or more of gross floor area, including any existing floor '
area, but not including any tloor area devoted to residen- �
tial use or to off-str2et parking, or �
2) all residential uses or developments with three or more I
dwelling units, or their equivalent, including any existing ,�,� �
dwelling units , � �
are not permitted as of right but are allowed only upon the grant- �
ing ot a special permit with site plan review (SPS); ' `�
I
Ln subparagraph 12.1.2, which deals with the requirement for a
traffic study and a special permit with site plan review, by strik-
ing out the first seven lines up to the words: "unless a special I
permit. . . ." and by inserting in place thereof the words:
"12.1.2 No building permit shall be granted for the erection of a
new building or the eniargement of an existing building with the i
result that: '
1) there are 10,000 square feet or more of gross floor area on
the 1ot, including any existing floor �rea, but not includ- �
ing any floor area devoted to residential use or to off-
street parking, or
'L) there are 50 or more dwelling units, or their equivalent, in
a development, including any existing dwelling units, �
unless a special permit with site plan review has been granted .. . ' j
(remainder unchanged) I
A 12) In Table 1, PERMITTED USES AD1D DEVELOPMENT STANDARDS, in
line 1.17 by adding at the end the words "; may be located in a
required yard setback if not otherwise feasible to locate on the �
lot" so that the line, as amended, will read: "1.17 Temporary �
dwelling, wnich may include a mobile home, to be erected for a
period of not more than one year to replace a periaanent dwelling
i,
which has been damaged or ctestroyed by fire, natural catastrophe, I
or by demolition or substantial reconstruction; may be Iocated in a
required yard setback if not otherwise feasible to locate on the �
I
lot�
A 13} In Table 1, PE12141ITTED USES AND DEVELOPriENT STANDAlZDS, in
line 1.24 by inserting the words " , residing in the dwelling" after '.
the words professional person" so that the line, as amended will
read: "1.24 Home occupation, or oifice of a physician, dentist or
other professional person, residing in the dwelling, provided there ;
is no exterior evidence of the occupation and eachemployee is also
a resident in the dwelling; . . ." (reu�ainder unchanged}
--------__ _ ------ -- -.-- -- ----- ---- - - ______ -- _
�--
21 �`�
- ,
(AllJOUkNED SESSlOIV, A.T.N1. , COVT. - APRIL b, I9ti$j
A 14} Tn subparagraph 7.1.I by sLriking out the tirst paragraph in
its entirety and by inserting in place thereof the following:
"7.1.1 Each use, buiiding or structure shall comply with the
standards set forth in Table 2, Schedule of Dimensional Controls,
except where specifically provided otherwise by this By-law."; and
by inserting a new subsection 7.1.4, as follows :
"7.1.4 OIQE DWELLING YER LOT
; In an R0, RS, or RT district, not more than one dwelling,
; or other principal use, other than an agricultural use, shall be
- erected en a lot unless specifically authorized by other provisions
of this By-law. Each such Iot shall comply with the mi�imum lot
area, the minimum lot f rantage, the minimum lot width and each
dwelling or building containing another type of permitted principal
use shall comply with the requirements of Table 2." �_
A 15) In subparagraph 7.9.1 a 1) by: (a) striking out the �aord
"vegetated" and inserting in place thereof the word "f reshwater"
and (b) adding at the end of the clause the words: "or land located
under a brook, creek, stream or river or pond or lake," so that the
wording, as amended, will read: "a wetland, which shall mean a
"freshwater wetland" as defined in Chapter 131, Section 40, M.G.L.
or land located under a brook, creek, stream or river or pond or
lake,"
A 16) In subparagraph 9.3.2 in the second sentence, which deals '
with the distance at which two new streets may intersect with a
public street, by striking out the number "100" feet and inserting
in place thereof the number "125" feet.
A 17) In subparagraph 11.7.5. which deals with the marking and
delineation of parking spaces and loading bays, in the first sen-
tence, by adding at the end the words: " , and signs shall be
�� erected indicating that loading bays, and if necessary, compact or
other reserved park.ing spaces, are reserved for such use. so that
`" the sentence, as amended, will read: "In a parking lot or loading
area, the surface of the parking lot or loading area shall be
painted, marked or otherwise delineated so that the location of the
parking spaces and loading bays is apparent, and signs shali be
erected indicating that loading bays, and if necessary, compact or
other reserved parking spaces, are reserved for such use."
1i 18) In subparagraph 12.2.3, in the second paragraph, which deals
with determining if a street or an intersection is likely to be
affected by a development, by adding the word "only" after the
words "in the case of an intersection" so that the affected part of
ihe sentence, as amended, will read "2) in the case of an intersec-
tion only, traffic from the proposed development will add 5 percent
or more to the approach volumes."
A 19) ln subparagraph 12.2.4 i, in the first sentence, which deals
with proposed mitigating measures or trip reduction programs as
part of a traffic stuciy, by striking out the words "included in"
after the words "they shall be" in the second line and by insert-
ing in place thereof the words: "proposed by the applicant and
shall accompany..." so that the the sentence, as amended, will
read: "Where mitigating measures or trip reduction programs are
proposed, they sha11 be proposed by the applicant and accompany the
traffic study at the time of filing of the application."
-----------------------------
�� � (ADJOURNED SESSION, A.T.M., APRIL 6, 1988, CONT.) I
I
I
Martha Wood, Planning Board, moved that Section 20 be tabled. ,
10:02 - Notice of Reconsideration was served on Article 38, 1-19, i
by James McLaughlin, Pr. 8. i
see p. 221 �
Following a voice vote at 10:02 p.m. , the Moderator declared
Section 20 to have been tabled.
--------------- � �
10:03 - Stan Finkelstein, Board of Health, moved to take Article SO
out of order.
Following a voice vote at 10:03 p.m., the Moderator declared the
motion to have passed.
ARTICLE 50 - GENERAL BY-LAW - SMOKING IN PUBLIC PLACES
MOTION: That the General By-Laws of the Town of (see pages
Lexington be amended as set forth in the motion filed 215 & 216)
with the Town Clerk.
as amended and passed
Linda Roemer, Planning Board, presented an explanation. p•217 & 218
�
10:13 p.m. - Arthur Smith, Pr. 2, made the following motion: �
MOTION: in Section 8.3 a, the words "and except for
rooms in which a beano game, social reception, or Passed �
fraternal or veteran's organization gathering is see below �
taking place" be removed. �
I
There was discussion for and against and further explanation. i
' I
Following a voice vote at 10:23 p.m. , the Moderator declared the � �
motion made by Mr. Smith to have passed.
�
There was further lengthy discussion.
10:48 p.m. - Stan Finkelstein, Board of Health, made the following
technical correction: ,
. .7 to read: '
MOTION: to amend Sec 8 ,
"Posting of the international symbol for "No Smoking" j
be deemed as compliance with Section 8.3e of this by- passed i
law." see below
Following a voice vote at 10:49 p.m. , the Moderator declared the
amendment offered by NIr. Finkelstein to have been adopted.
j
Questions were raised as to enforcement of Article 50. �
10:55 p.m. - Eric Clarke moved the question. Following a voice
vote, the Moderator ruled that the question would now be put.
Following a voice vote at 10:55 p.m. , the Moderator declared (see pages
Article 50 as amended to have passed. 217 & 218) �
Notice of Recons. �
10:56 p.m. - Under Article 2, Michael 0'Sullivan acknowledged the see below ,
contributions of Richard White, Town Manager, and wished him well i
on his birthday.
10:57 p.m. - Notice of Reconsideration on Article 50 was served by �
John Taylor. !
10:58 p.m. - John Eddison, Board of Selectmen, moved adjourn , ;
until Monday, April 11, at 8 p.m. �
Following a voice vote, the Moderator declared the meeting �
adjourned until Monday, April 11, at 8 p.m.
A true copy. �
Attest: �
Bernice H. Fallick, Town Clerk
�� �
MOTION FOR ARTICLE 50
MOTION: That the General By-Laws of the Town of
Lexington be amended by adding a new Section 8 to
Article XXVI thereof as follows:
RESTRICTION OF SMOKING IN PUBLIC PLACES AND
WORKPLAGES
did not pass
amended Section 8.1 Finding and Purpose
There exists substantial evidence that tobacco
see p. 217 smoke causes cancer, heart disease and various lung
as passed disorders. Increasing evidence further demonstrates
that the harmful effects of tobacco smoke are not
confined to smokers but also cause severe discomfort
; and in some cases illnesses to non-smokers.
_,; Therefore, the purpose of this by-law is the
protection and promotion of public health. The
successful implementation of this by-law requires a
cooperative effort and mutual respect on the part of
smokers and non-smokers and employers and employees.
Section 8.2 Definitions
For the purpose of this by-law the following
definitions shall apply:
a. Smoking means the lighting of or having in
one's possession any lighted cigar, cigarette, pipe
or other tobacco product.
b. Public Place means any enclosed area of a
structure or portion thereof in the town when such an
area is open to and used by the general public,
including but not. limited to the following ,
facilities: restaurants, pub-lic elevators, retail
food outlets, museums, libraries, health care
facilities, cafeterias, nursing homes, classrooms,
lecture halls, dormitories, theaters, motion picture
theaters, restrooms or lavatories, waiting rooms,
public areas of banks, and entire rooms or halls in
public buildings when used for public meetings. An
entire room or hall when used for a private social
function shall not be construed as a public place,
. nor shall any private residence.
c. Workplace means any enclosed area of a
structure or portion thereof in the town in which
three (3) or more employees perform services for
their employer. The Workplace shall include any
space or room, under the control of a public or
private employer, which employees normally frequent
during the course of employment including, but not
limited to, work areas, offices, employee lounges and
restrooms, conference rooms, and hallways.
d. Designated Smoking Area means the area of a
Public Place or Workplace designated by persons
having control of the premises in which smoking is
permitted. Such areas shall be designated so as to
minimize exposure of non-smoking employees and the
general public to smoking byproducts.
Section 8.3 Restriction of Smoking in Public Places
and Workplaces
a. It shall be unlawful for any person to smoke
in any Public Place except in restaurants, to the
extent permitted under Section 7 of Article XXVI of
the General By-Laws of the Town of Lexington and
� under regulations adopted by the Board of Health, and
except for rooms in which a beano game,, social ,
-� reception, or fraternal or veteran's organization
gathering is taking place.
b. It shall be unlawful for any person to smoke
in any Workplace except in specifically Designated '
Smoking Areas as described in Section 8.3d.
�� � c. Each person having control of a Public Place
may designate enclosed areas in which smoking is i
permitted provided that smoking in such designated
areas will allow the non-smoking public to remain
relatively free from exposure to smoke. i
d. Each employer may specifically designate
enclosed areas in which employees may smoke provided �
that smoking in such designated areas will allow non-
smoking employees and the public to remain relatively j
free from exposure to smoke. I
e. Each person having control of premises upon �
which smoking is prohibited by this by-law, or his or
her agent or designee, shall conspicuously display ,
upon the premises an appropriate number of signs ;
reading "Smoking Prohibited by Law." , !
f. It shall be unlawful for any person having
control of a•ny premises upon which smoking is
prohibited by this by-law to knowingly permit, or for
his or her agent to knowingly permit, a violation of �
this by-law.
Section 8.4 Enforcement I
Any person having control of premises upon which
smoking is prohibited by this by-law shall be held to
have knowingly permitted a violation if on at least
three (3) separate occasions, one or more people are
observed smoking upon said premises, other than in
Designated Smoking Areas.
Section 8.5 Restaurants �
Restriction of smoking in Lexington restaurants I
is covered by Section 7 of Article XXVI of the Town
of Lexington General By-Laws and by Health
Regulations. '
Section 8.6 Penalties �
a. Any person having control of a Fublic Place
or Workplace who fails to comply with these by-laws
shall be subject to: l,
(1) a fine of up to two hundred dollars
($200.00) for each day of non-compliance; and
(2) suspension of any license issued by the �
Town of Lexington for any such Public Place for a ;
period of up to two (2) days for each day of non- '
compliance.
b. Any person who smokes in violation of this �
by-law shall be subject to a fine of not less than �
twenty-five dollars ($25.00) nor more than fifty
dollars ($50.00) for each offense.
Section 8.7 Posting
Posting of the international symbol for "No
Smoking" shall be deemed as compliance with Section
3d of this by-law. �
�
Section 8.8 Severability �
If any provision of this by-law is declared i
invalid, the other provisions thereof shall not be
affected.
Section 8.9 Other Applicable Laws
This by-law shall not be interpreted or �
construed to permit smoking where it is otherwise
restricted by other applicable health, safety or fire �
;
codes, regulations or statutes. '
I
�
I�
I
------—------- -- ------- - ------ -- ---- -----:� _-.__.
1----- -
2� 7
MOTION FOR ARTICLE 50
MOTION: That the General By-Laws of the Town of
Lexington be amended by adding a new Section 8 to
Article XXVI thereof. as follows:
RESTRICTION OF SMOKING IN PUBLIC PLACES AND
WORKPLACES
as passed
Section 8.1 Finding and Purpose
There exists substantial evidence that tobacco
smoke causes cancer, heart disease and various lung APProved by
disorders. Increasing evidence further demonstrates Atty. Gen -
{� that the harmful effects of tobacco smoke are not July 28, 1988
Iconfined to smokers but also cause severe discomfort
,� _ and in some cases illnesses to non-smokers.
Therefore, the purpose of this by-law is the
protection and promotion of public health. The
successful implementation of this by-law requires a
cooperative effort and mutual respect on the part of
smokers and non-smokers and employers and employees.
Section 8.2 Definitions
For the purpose of this by-law the following
definitions shall apply:
a. Smoking means the lighting of or having in
one`s possession any lighted cigar, cigarette, pipe
or other tobacco product.
b. Public Place means any enclosed area of a
structure or portion thereof in the town when such an
area is open to and used by the general public,
including but not limited to the following
facilities: restaurants, public elevators, retail
food outlets, museums, libraries, health care
facilities, cafeterias, nursing homes, classrooms,
, lecture halls, dormitories, theaters, motion picture
theaters, restrooms or lavatories, waiting rooms,
public areas of banks, and entire rooms or halls in
public buildings when used for public meetings. An
entire room or hall when used for a private social
_- function shall not be construed as a public place,
nor shall any private residence.
c. Workplace means any enclosed area of a
structure or portion thereof in the town in which
three (3) or more employees perform services for
their employer. The Workplace shall include any
space or room, under the control of a public or
private employer, which employees normally frequent
during the course of employment including, but not
limited to, work areas, offices, employee lounges and
restrooms, conference rooms, and hallways.
d. Designated Smoking Area means the area of a
Public Place or Workplace designated by persons
having control of the premises in which smoking is
permitted. Such areas shall be designated so as to
minimize exposure of non-smoking employees and the
general public to smoking byproducts.
Section 8.3 Restriction of Smoking in Public Places
and Workplaces
a. It shall be unlawful for any person to smoke
in any Public Place except in restaurants, to the
extent permitted under Section 7 of Article XXVI of
� the General By-Laws of the Town of Lexington and
under regulations adopted by the Board of Health.
b. It shall be unlawful for any person to smoke
in any Workplace except in specifically Designated
Smoking Areas as described in Section 8.3d.
��� �
c. Each person having control of a Public Place �
may designate enclosed areas in which smoking is
permitted provided that smoking in such designated ,
areas will allow the non-smoking public to remain ';
relatively free from e.xposure to smoke.
d. Each employer may specifically designate '
enclosed areas in which employees may smoke provided
that smoking in such designated areas will allow non- �
smoking employees and the public to remain relatively ;
free from exposure to smoke.
e. Each person having control of premises upon
which smoking is prohibited by this by-law, or his or - ,
her agent or designee, shall conspicuously display ,
upon the premises an appropriate number of signs ! !
reading "Smoking Prohibited by Law." _ ,
f. It shall be unlawful for any person having 1
control of any premises upon which smoking is
prohibited by this by-law to knowingly permit, or for
his or her agent to knowingly permit, a violation -of
this by-law. '
Section 8.4 Enforcement
Any person having control of premises upon which
smoking is prohibited by this by-law shall be held to
have knowingly permitted a violation if on at least
three (3) separate occasions, one or more people are
observed smoking upon said premises, other than in
Designated Smoking Areas. �
Section 8.5 Restaurants �
Restriction of smoking in Lexington restaurants
is covered by Section 7 of Article XXVI of the Town
of Lexington General By-Laws and by Health `
Regulations. �
1
Section 8.6 Penalties �
a. Any person having control of a Public Place
or Workplace who fails to comply with these by-laws �
shall be subject to:
(1) a fine of up to two hundred dollars '
($200.00) for each day of non-compliance; and �
(2) suspension of any license issued by the ;
Town of Lexington for any such Public Place for a '
period of up to two (2) days for each day of non- i
compliance. '
b. Any person who smokes in violation of this
by-law shall be subject to a fine of not less than �
twenty-five dollars ($25.00) nor more than fifty
dollars ($50.00) for each offense.
Section 8.7 Posting
Posting of the international symbol for "No ,
Smoking" shall be deemed as compliance with Section I,
8.3e of this by-law.
Section 8.8 Severability �
If any provision of this by-law is declared
invalid, the other provisions thereof shall not be
aff ected.
Section 8.9 Other Applicable Laws I
This by-law shall not be interpreted or
construed to permit smoking where it is otherwise �
restricted by other applicable health, safety or fire I
codes, regulations or statutes.
I
___-------------- --- —----
—---__-------- — --�.—---- _.
T--
21�j
ADJOURNED SESSION - 1988 ANNIIAL TOWN MEETING
APRIL 11, 1988
The meeting was called to order by Moderator Margery M. Battin at
8:00 p.m. , in Cary Memorial Hall.
There were 184 Town Meeting Members present.
' 8:01 p.m. The invocation was offered by Peter Meek, of the Ha.ncock
United Church of Christ.
The Moderator asked for a moment of silence in memory of Frank
Parrish, who had served with the Trustees of the Public Trust,
Board of Retirement, and the Appropriations Committee.
8:02 p.m. - A formal recess was declared. Al Zabin, School
Committee, introduced Jeff Leonard and award winning jazz musicians
for recognition by Town Meeting.
8:09 p.m. - The Moderator recalled the members and spoke of
procedural matters.
ARTICLE 22 - STREET ACCEPTANCE AND CONSTRUCTION
amended MOTION: That the Town establish as a town way
see below and accept the layout of as a town way Philip
Reconsidered Road a distance of 1500 feet, more or less, from
see p.228 Rockville Avenue to Worthen Road East as laid out
as passed by the Selectmen, as shown upon plans on file in
see p. 22g the office of the Town Clerk, dated December Z1,
1987, subject to the assessment of betterments or
otherwise; to authorize the Selectmen to take by
TY eminent domain, purchase or otherwise acquire any
fee, easement or other interest in land necessary
therefor; that the sum of $80,000 be appropriated
for such land acquisition, construction,
alteration and reconstruction as is necessary,
and that such amount be raised in the tax levy.
8:11 p.m. - Presented by William Dailey, Jr. , Board of Selectmen,
who then gave the history.
8:18 p.m. - Capital Expenditures Committee and Appropriations
Committee recommended approval.
There was discussion for and against.
8:37 p.m. - Joy Buchfirer, Pr3, made the follawing motion:
MOTION: The motion under Article 22 be amended
passed by striking the words
see below subject to the assessment of betterments or
otherwise.
jThere was discussion for and against, with the Board of Selectmen
�. _' expressing opposition.
Following a voice vote at 8:41 p.m. , the Moderator declared the
motion to amend to have carried.
Discussion ensued as to effects on appropriations, free cash, bond
releases, and precedent setting as to street acceptances. '
Following a voice vote at 8:56 p.m. , the Moderator declared the
motion as amended to have passed.
�t:f�1 �
��l ADJOURNED SESSION, A.T.M. , CONT. - APRZL 11, 1988)
Notice of Reconsideration was served by William Dailey, Board of I�
Selectmen. I
John Hayward, Pr5, rose to doubt the vote. However, an �
insufficient number of Town Meeting members concurred, and the vote �
as called by the Moderator prevailed.
----------------- 'r� i
ARTICLE 2 - REPORTS � '
8:57 p.m. - James McLaughlin, Pr8, urged that this type of street �
problem not occur again. I
--------------- -
ARTICLE 31 - LEXPRESS MINI-BUS TRANSPORTATION SYSTEM
MOTION: That the sum of $237,000 be appropriated for
a local transportation system, that such amount be
raised in the tax levy, and that the Selectmen be
authorized to apply for, accept and expend funds from Passed
the M.B.T.A. or any other governmental agency in see below
connection with such local transportation system, and I
to contract with a private transit company to provide I
transportation services.
8:59 p.m. - Presented by John Eddison, Board of Selectmen, who �
expressed the Board's support. i
William Mix, Transportation Advisory Board, gave further �
information. �
� �
9:08 p.m. - Appropriations Committee and School Committee
recommended favorable action. i
9:12 p.m. - William Widnall, Pr2, made the following motion: �,
i
MOTION: The amount $237,000 be replaced by did not pass '
$190,000. see below
,
�
,
i
There was discussion for and against. �
i
9:18 p.m. - Following a request by Neil Gray, Pr9, the Moderator
ruled it inappropriate for nomination papers to be circulated on
Town Meeting floor. �
Following a voice vote at 9:20 p.m. , the Moderator declared the �'
amendment offered by Mr. Widnall to have failed.
Following a voice vote at 9:21 p.m. , the Moderator declared the
main motion to have been adopted unanimously.
--------------- �
;� �,
9:21 p.m. - Arthur Smith, Pr2, moved Reconsideration of Article 8. j
William Welch, Pr2, gave notice of intent to abstain on Article 8
��� I
if the motion for reconsideration passed. �
Followi.ng lengthy discussion from Town Meeting Members and further �
explanation from Isa Zimmerman, Interim Superintendent of Schools,
Reconsideration of Article 8 did not pass. 9:55 p.m.
----------------
`G 3
(ADJOURNED SESSION, A.T.M. , CONT. - APRIL 11, 1988)
ARTICLE 38 - ZONING BY-LAW, TECHNICAL CORRECTIONS
MOTION: that Section A20 be removed from the table.
9:55 p.m. - Presented by Martha Wood, Planning Board.
Following a voice vote at 9:55 p.m. , the Moderator ruledthe motion
to have passed and A20 to be before the meeting. '
A 20j In subparagraph 1`L.3.3, in the first sentence in the first
paragraph, which deals with traffic improvements that increase the passed
traffic carrying capacity of an intersection or street, by adding see p.222
the words ", or other method of positive traffic control, such as a
traffic control officer," after the words "traffic engineering Notice of
improvements" at the end of the first line; Recons.
in the second sentence by inserting the words: "or other method of P.222
traffic control" after the words "such improvements" and after the
words "traffic engineering improvement" so that the first para-
graph, as amended wi11 read:
"The SPGA shall consider that various traffic engineering improve-
ments, or other method of positive traffic control, such as a
traffic control officer, can improve the traffic carrying capacity ;
of an intersection or street and improve the level of service
rating to a higher and acceptable value. The SPGA shall consider
such improvements, or other method of traffic control, in its
determination and may make a conditional determination that ade-
quate capacity is dependent upon the construction of ihe traffic
engineering improvement, or other method of traffic control."
In subparagraph 1L..5.3, in the second paragraph, which deals with '
the conditions which the Board of Appeals may impose with respect
to traffic improvements that increase the traffic carrying capacity
of an intersection:
lj at the end of the first sentence by adding the words: ", or of
the start of another method of positive traffic control, such as a
tratfic control officer, on a permanent basis" after the words
"traffic engineering improvement";
2) at the end of the the second sentence by inserting the words:
"or the execution of an agreement with the Town of Lexington for
another method of traffic control" after the words "traffic eng i-
neering improvement" ;
3) by striking out the fourth sentence of the second paragraph and
inserting in place thereof a new fourth sentence as set forth in
the following description of the completely revised second
parag raph;
so that the second paragraph, as amended will read:
"The SPGA may make a condition of its approval of the special
permit or special permit with site plan review that the start, or
any stage, of the construction of the development, or the occupancy
thereof, is dependent upon the start or completion of the traffic
engineering improvement, or of the start of another method of
positive traftic control, such as a traffic control officer, on a
permanent basis, A conditional approval shall be dependent upon at
�., least a start of the physical construction of the traffie engineer-
� ing improver,ient or the execution of an agreement with the Town of
Lexington for another method of traffic control. Letters of sup-
� - port, or commitment, or approval, or the award of a contract are
not considered as a start of construction. However, as the basis
for making a condit�onal determination oi adequacy, the SPGA nay
consider as evidence, that the traffic carrying capacity will be
improved to a higher level of service, such letters of support, or
commitment, or approval, or the award of a contract for construc-
tion of the traffic engineering improvement, or a proposed agree-
ment with the Town of Lexington for another method of traffic
control."
��(ADJOURNED SESSION, A.T.M. , CONT. - APRIL 11, 1988) ' �
�
�
Lengthy discussion followed with explanation from the Planning
Board.
10:31 - Iris Wheaton, Pr7 , made the following motion:
MOTION: the words ,"such as a traffic control did not pass - ;
officer," from section 12.3.3. , paragraph 1 and the see below �' �
words "such as a traffic control officer" in section ;:; ;
12.3.3 paragraph 2
be striken �
�
I
Following a voice vote at 10:37 p.m. , the Moderator ruled the
motion not to have carried. ,
Following a voice vote at 10:39 p.m. , which was not unanimous, the
Moderator called for a standing vote on Section A20. The tally
was as follows:
yes no
Precinct 1 10 4
2 16 0 �
3 15 3 �
4 13 4 �'
5 8 �
6 12 1 �
7 6 8 �
g 11 0 �
g 18 0 I
At large 19 2
---- ---- � I
Totals 128 29 ' I
At 10:43 p.m. , the Moderator ruled the Section A20 to have been I
adopted. i
10:43 p.m. - Iris Wheaton, Pr7, served Notice of Reconsideration. '
10:45 p.m. - John Eddison, Board of Selectmei�, moved adjournment.
10:45 p.m. - Following a voice vote, the Moderator declared the
meeting adjourned until Wednesday, April 13, 1988, at 8 p.m.
A true copy.
Attest: •
��
Bernice H. Fallick ;
Town Clerk i
�
i
� �
� I
�
I
_--------------------- ----T— ----
22�
ADJOURNED SESSION - 1988 ANNIIAL TOWN MEETING
APRIL 13, 1988
The meeting was called to order by Moderator Margery M. Battin at
8:00 p.m. , in Cary Memorial Hall.
There were 167 Town Meeting Members present.
8:01 p.m. - The invocation was offered by Reverend Thomas Clough of
�" the Hancock United Church of Christ.
8:03 p.m. - The Moderator declared a formal recess while Senator
Kraus introduced the Lexington National Merit Scholars.
----------------
ARTICLE 2 - REPORTS
Judith Uhrig spoke on Planning Board articles. ,
The Moderator spoke on the connection between the U.S. Constitution
and Town Meeting.
--------------- �
8:15 p.m. - Town Counsel, Norman Cohen, assumed the role of
Moderator.
---------------
ARTICLE 33 - PARKING STUDY - LEXINGTON CENTER
�' MOTION: That the sum of $35,000 be appropriated for
�� engineering services for a parking study in Lexington did not
Center, and that such amount be transferred from the pass
Parking Meter Fund. see below
8:16 p.m. - Presented by Leo McSweeney, Board of Selectmen.
8:18 p.m. - David Wells, Center Committee, provided information on
the need for a proposed professional study.
8:22 p.m. - Appropriations Committee spoke in favor.
There was discussion for and against with questions as to what the
study would do, would there be citizen input, what constituted a
professional. �
8:40 p.m. - Meriam Hill Association voiced opposition.
8:51 p.m. - Judith Uhrig, Planning Board, voiced support. She
stated that the study should not begin until the completion of the
new building in the center.
8:58 p.m. - William Widnall, Pr2, moved the question.
,' Following a voice vote at 8:58 p.m. , the Moderator ruled that the
question had not been moved.
Discussion continued.
9:23 p.m. - Fred Rosenberg, Pr9, moved the question.
Following a voice vote at 9:23 p.m., the Moderator ruled the
question to have been moved.
Following a voice vote at 9:24 p.m. , the Moderator stated that the
motion offered by Mr. McSweeney did not carry.
----------------
;
��� (ADJOURNED SESSION, A.T.M., CONT. - APRIL 13, 1988)
. �
� '
ARTICLE 34 - DESIGN PLAN, LEXINGTON CENTER
MOTION: That the sum of $18,000 be appropriated for �
professional services to provide design guidelines passed as amended by i
for the enhancement of Lexington Center, and that 0'Sullivan �
such amount be raised in the tax levy. see below and p.225 '
Notice of Reconsid.
9:24 p.m. - Presented by John Eddison, Board of Selectmen, who gave P• 225 r�, ,
i
the history. ��
9:38 p.m. - Robert Ossman, Center Committee, gave design
I
information.
9:52 p.m. - Appropriations Committee spoke in favor and Michael ;
0'Sullivan, Chairman, made the following motion:
MOTION: the amount $18,000 be replaced by $25,000
and after the phrase "enhancement of Lexington passed
Center," the phrase "and other appropriate commercial see below
areas within the town" be added.
9:55 - Capital Expenditures voiced support.
�
There was continued discussion. i
Following a voice vote at 10:08 p.m. , the Moderator declared the
motion offered by Mr. 0'Sullivan to have passed. A sufficient i
number of Members stood to request a standing vote which was �
tallied as follows: �
�
yes no �
�
Precinct 1 9 0 '�
2 8 7
3 14 3 I
4 11 5 ;
5 5 8
6 8 7
7 3 11 �
8 6 6
9 8 8 I
At large 15 3
Totals 87 58
10:12 p.m. - The Moderator declared the 0'Sullivan amendment to
have passed. �
10:14 p.m. - Eugene Lee, PrS, made the following motion: �
i
MOTION: Article 34 be amended by adding the '
following at the end:
"and that such sum not be expended unless an effort
to first obtain the services of area design schools did not pass
at no cost is unsuccessful." see below
I
;� �
! �
There was discussion for and against with the Board of Selectment '�'' �
stating opposition to the motion as being too open-ended. i
Following a voice vote at 10:17 p.m. , the Moderator declared the
motion offered by Mr. Lee not to have passed. '
10:23 p.m. - John Davies, Historic Districts Commission, stated
that the HDC welcomed the design study.
I
_ . _ .
(ADJOURNED SESSION, A.T.M., CONT. - APRIL 13, 1988) �7 �
10:29 p.m. - Erna Greene, Pr3, moved the question.
Following a voice vote, the Moderator declared the question to have
been moved.
Following a voice vote at 10:29 p.m. , the Moderator declared the
motion as offered by Mr. Eddison and as amended by Mr. 0'Sullivan
to have passed.
Mrs. Battin resumed the role of Moderator.
The Moderator recognized Angela Frick, Conservation Commission, who
moved that Article 42 be brought up out of order.
Following a voice vote at 10:30 p.m. , the Moderator ruled the
motion to have passed and Article 42 would be before the Meeting.
ARTICLE 42 - ZONING BY-LAW, MINIMUM DEVELOPABLE SITE AREA.
To see if the town will vote to amend the Zoning By-Law by adding a
new section 7.2.3, as follows:
"No new dwelling shall be erected on any lot created after April
13, 1988, which does not contain a contiguous developable site area
which is at least 90 percent of the minimum lot area for the
district in which the lot is located. This requirement shall not
apply to any lot created in a cluster subdivision, a special
residential development or a planned residential district.";
� _.�
in subparagraph 9.2.12 by adding a new sentence at the end, as
follows: "See also subparagraph 7.2.3 which requires that a
minimum percentage of the required minimum lot area be in a
contiguous developable site area."; or act in any other manner in
relation thereto.
MOTION: That the Zoning By-Law of the Town be
amended as set forth in the article, with the passed
effective date being April 13, 1988. see p. 226
10:31 - Charles Wyman, Conservation Administrator, gave an
explanation .
10:38 - Karsten Sorensen, Planning Board, moved that the report of
the Planning Board on Article 42 be accepted and placed on file.
Following a voice vote, the Moderator declared that the report had
been accepted and placed on file.
i The Planning Board and the Board of Selectmen voiced support.
10:41 p.m. - Jeanette Webb, Pr7, served Notice of Reconsideration
on Article 34. Reconsideration
did not prevai�
see p. 276
There was further explanation by the Planning Board and
Conservation Commission and further discussion.
���
(ADJOURNED SESSION, A.T.M. , CONT. - APRIL 13, 1988)
I
�
10:49 - Deborah Kearney, Pr7, moved the question. �
Following a voice vote, the Moderator declared the question to have �
been moved. �
�
Mrs. Frick asked that the Chair recognize John Oberteuffer, Vice
Chairman of the Conservation Commission, who presented additional ,
information. a�r I
�
, , i
�
Following a voice vote at 10:52 p.m., the Moderator declared a ' �
unanimous passage of the article. �
--------------- �
10:52 p.m. - Vicky Schwartz, Pr3, moved that Article 35 be
postponed until April 25, 1988. I
Following a voice vote, the Moderator declared Article 35 to be
postponed until April 25, 1988.
10:53 p.m. - John Eddison moved that the Meeting be adjourned until
Monday, April 25, 1988, at 8 p.m.
Following a voice vote at 10:53 p.m. , the Moderator declared the
meeting adjourned until Monday, April 25, 1988, at 8 p.m. i
A true copy.
Attest: , ;' �
�4 � '� !
Bernice H. Fallick, Town Clerk ,
� �
I
;
I
I
I
�~� i
�� I
i
j
.
, !
- -------- ------------ -
� ------ --_-------------
227
ADJOURNED SESSION - 1988 ANNUAL TOWN MEETING
APRIL 25, 1988
The meeting was called to order by Moderator Margery M. Battin at '
8:01 p.m. , in Cary Memorial Hall.
There were 177 Town Meeting Members present. '
� 8:02 p.m. - The invocation was offered by Alden B. Flanders,
Rector, Church of Our Redeemer.
The rioderator requested that members observe a moment of silence in
memory of Dick Sousa.
8:05 p.m. - The Moderator declared a formal recess.
Florence Koplow, School Committee, introduced members of the
Lexington High School Debate Team, and recognized them for their
outstanding accomplishments in major tournaments.
Leo McSweeney, Board of Selectmen's liaison to the School Committee
recognized those chosen this year's Outstanding Youths.
8:22 p.m. - The Moderator called the meeting to order.
ARTICLE 2 - REPORTS
8:23 p.m. - Joyce Miller, Conservation Commission, presented a
report on Pine Meadows. She explained the process under C.61B '
whereby intent to change use would trigger a 120 day option period ,
? in which the Town would need to act to purchase.
,�.
�_.- 8:27 p.m. - Fred Rosenberg announced the distribution of a TMMA
resolution on Article 36.
8:28 p.m. - John Eddison, Board of Selectmen, presented the status
of the Financial Articles as of April 25.
---------------
ARTICLE 35 - TRAFFIC SIGNALS
MOTION: That the sum of $75,000 be appropriated for
the design and installation of pedestrian signals on Passed
Waltham Street at Brookside Avenue, and that such see below ,
amount be raised in the tax levy.
8:32 p.m. - Presented by Vicky Schwartz, Pr. 3.
8:44 p.m. - John Eddison, Board of Selectmen, explained the
function of the Traffic Safety Advisory Committee and stated that
the state traffic warrants do not justify a light being placed at '
the requested spot.
There was lengthy discussion. Many spoke in favor including the
��; School Committee Ca ital Ex enditures Committee A ro riati n
� , p p , pp p o s
- " Committee, the League of Women Voters.
9:34 p.m.- Margaret Rawls, Pr4, moved the question.
Following a voice vote at 9:34 p.m. , the Moderator ruled passage.
Following a voice vote at 9:35 p.m., the Moderator ruled the motion
offered by Mrs. Schwartz:to have been adopted.
-----------------
i
��� (ADJOURNED SESSION, A.T.M., CONT., APRIL 25, 1988)
9:35 p.m. - William Dailey, Jr. , Board of Selectmen, moved Reconsideration prevailed i
Reconsideration of Article 22. see below
Following a voice vote at 9:35 p.m. , the Moderator ruled Article
i
22, Street Acceptance and Construction, to be before the meeting. ,
Discussion followed with questions and answers as to street
standards and previous procedures. �
i
Following a voice vote at 10:03 p.m. , the Moderator ruled the
motion to Reconsider to have passed. - �
I
William Welch, Pr2, rose to doubt the vote and as a sufficient �!
number of inembers joined, the Moderator called for a standing vote
which was tallied as follows:
I
yes no '
Precinct 1 9 5
2 5 7
3 6 11
4 9 7
5 9 6 �
6 13 3
7 7 7
8 15 2
9 13 6 �
At large 17 3
Totals 103 57 '
10:08 p.m. - The Moderator ruled th.at Reconsideration prevailed. --� I'
�
10:08 p.m. - William Dailey, Jr. , Board of Selectmen, made the �
following motion: ~
I
i
MOTION: after the words December 21, 1987 insert the .
following passed �
" , subject to the assessment of betterments see below
or otherwise;
i
Discussion followed. The Appropriations Committee spoke in favor. I
Following a voice vote at 10:18 p.m. , the Moderator ruled the
motion as presented by Mr. Dailey to have been adopted. 1
i
There were further statements for and against Article 22.
i
Following a voice vote at 10:26 p.m. , the Moderator declared i
- Article 22 as amended by Mr. Dailey to have been adopted.
ARTICLE 22. MOTION: That the Town establish as a
town way and accept the layout of as a town way as Reconsidered �
Philip Road a distance of 1500 feet, more or less, I
from Rockville Avenue to Worthen Road East as laid and passed
out by the Selectmen, as shown upon plans on file in ;� I
the office of the Town Clerk, dated December 21, �„�
1987, subject to the assessment of betterments or
otherwise; to authorize the Selectmen to take by
eminent domain, purchase or otherwise acquire any
fee, easement or other interest in land necessary ;
therefor; that the sum of $80,000 be appropriated for
such land acquisition, construction, alteration and �
reconstruction as is necessary, and that such amount ,
be raised in the tax levy.
-- --------
— -------- -- ------_
�------ -
��ij
(ADJOURNED SESSION, A.T.M. , CONT., APRIL 25, 1988)
Frederick Hagedorn, Prl, moved to adjourn until Wednesday, April
27, 1988, at 8 p.m., in Cary Hall.
Following a voice vote at 10:27 p.m. , the Moderator declared
adjournment until Wednesday, April 27, 1988, at 8 p.m. , Cary Hall.
A true copy.
Attest: � ^
�'r.vl�.�
v
- Bernice H. Fallick, Town Clerk
.a.
��._'
�,�� '
�
I
i
'
�
ADJOURNED SESSION - 1988 ANNUAL TOWN MEETING
APRIL 27, 1988 �
The meeting was called to order by Moderator Margery M. Battin at �
8:00 p.m. , in Cary Memorial Hall. �
�
There were 171 Town Meeting Members present.
�
8:01 p.m. The invocation was offered by Rabbi Cary Yales, Temple �
Isaiah. �
8:04 p.m. - The Moderator declared a Formal Recess. Judith Leader,
School Committee, introduced the Diamond Middle School Math Team
and praised them for their accomplishments. Paul Newman, School
Committee, introduced the Teachers of the Year and lauded them.
8:13 p.m. - The Moderator called the Meeting to order.
---------------
ARTICLE 39 - ZONING BY-LAW, ADJUSTMENTS VARIOUS SECTIONS
8:16 p.m. - Eleanor Klauminzer, Planning Board, moved that the �
report be accepted and placed on file.
8:17 p.m. - Ephraim Weiss, Pr.S, presented his criteria for �
Planning Articles: comprehensible, simple, precise, prescribe
limits, easy to apply.
�
Following a voice vote at 8:22 p.m. , the Moderator declared the ',
report to have been accepted and placed on file.
�I
�
I
See Page 231 f��� Article 39 as moved. �
i
I�
I
i
�
I�
II
� �
�,
I
�'I
.Z.�T
r
�
(ADJOURNED SESSION, A.T.M. , CONT. - APRIL 27, 1988)
98TICLE 39 ZONING BY-LAW; ADJOSTMENTS, VARIOUS SECTIOAiS
MOTION FOR TOWN CLERK �
�F Motion: That the Zoning By-Law be amended as follows:
�
'' PAI�T A
I) In Table 1, Permitted Uses and Development Standards, in line
1.31, by striking out the existing wording and inserting in place
thereof: "An off-street parking space, which may be in a garage or Part A
outdoors, for not more than one commercial vehicle, not larger than Passed
l0,OQ0 pounds, gross vehicle weight rating, which is used by a see p.234
resident of the dwelling. Not more than one other conmercial
vehicle not in excess of 15,U00 pounds, gross vehicle weight rat- Notice of
ing, which is used by a resident of the dwelling, may be parked in Reconsid.
a garage only."; see p.234
2) In Section 2, Definitions, by adding a new definition in the
proper alphabetical sequence:
"COMMERCIAL VEHICLE: A registered motor vehicle used for business
purposes which: has advertising or the 2ogo of a business display-
ed, or has equipment or tools used for business purposes visible on
the outside of the vehicle, or has commercial registration plates,
or has a gross vehicle weight rating of 5,000 pounds or more. An
autor�obile, van, pick-up truck or recreational vehicle which has
commercial registration plates or a gross vehicle weight rating of
�^- 5,OU0 pouncis or more wil"1 not be considered to be a commercial
j ��' vehicle if it does not have advertising or equipment or tools
� visible on the outside of the vehicle." ;
--------------------------------------------------
PART B
In subparagraph 9.3.5, by striking out the words "(Space Reserved)"
and by inserting new wording so the subparagraph will read:
"3.:s.5 CLUSTER SUBDTVISION, SPECIAL RESIDENTIAL DEVELOPMENT
The objective of this section is to allow flexibility in the
standards and procedures for those planned residential developments
which are a ciuster subdivision or a special residential develop-
ment which, in the opinion of the Planning Board, comply with the
following criteria: Fart B
a. there is a significant amount of common open space (see passed
9.3.6) of which a significant amount meets the standards for see p.234
usable open space (see 9.3.7) ,
b. the common open space is readily accessible by one or more
paths speci-fically' designed for access purposes,
c. the dwellings are sited and oriented in a complementary
relationship to the common open space,
d. the design promotes a sense of open, natural character when
�� viewed from adjacent public streets,
e. there are a set of design controls and restrictions to
_�� insure the dwellings will be built, and the site wi11 be
developed, under an overall design plan, '
f. that any building which contains more than one dwelling unit
is designed so that either: 1) the building has the exter-
ior appearance of a one-family dwelling or, alternatively,
Z} if semi-attached dwellings and/or townhouses (see 9.2.3 b
or d and the definitions of those terms under DWELLING,
STRUCTURAL CHARACTERISTICS in Section 2, Definitions) are
constructed, each individual dwelling unit has direct access
to ground level and an opportunity for a private yard,
patio, or other private outdoor space,
023a.
`"-� (AU,�OURNED SESSYON, A.T.M., CO�T. — APRTL 27, 19$8)
g, there are provisions for common facilities, such as recrea-
tion or parkinb , or for services such as the maintenance of
streets, walkways or paths , utilities, landscaping or re-
creation facilities.
It is not the intent of this By-law that the procedure for a clus- j
ter subdivision or a special residential development be used as an I
alternative to allow the construction of a conventional subdivision ,
which does not otherwise comply with the standards and requirements f� ,
set forth in this By-law or in the "Development Regulations" . ' ; �
„�.1
-------------------------------------------------- •
PART C
In subsection 9.2.9, Density, by striking out the existing subsec-
tion in its entirety and by inserting in place thereof:
Part C defeated
"9.2.9 MAXIMUM DENSITY see p.234 '
9.2.9.1 CONVENTIONAL SUBDIVISION: The maximum number of dwellings Notice of
(see Section 2, Befinitions) on a tract in a conventional subdivi- Reconsid.. '
sion shall be the lesser of: see p.235 ',
1) the number of lots complying with the provisions of this Sy-
law and of the "Development Regulations"; or
2) the product of the following formula: multiply the develop-
able site area (see 7.9) by 0.85 and divide the product by
30,000 in the RO district and 15,500 in the RS or RT dis-
trict provided any fraction thereof shall not be credited
toward another dwelling.
9.2.9.2 CLUSTER SUBDIVISION OR SPECIAL RESIDENTIAL DEVELOPMENT: j
The maximum number of dwellings �buildings containing �
dwelling units , see Section 2, Definitions) on a tract in a cluster !,,
subdivision or in a special residential development shall be the �
lesser of: i
1) the number of lots shown on the "proof plan" required in
subparagraph 9.2.9.4 which the Planning Board determines are
capable of being built in compliance with the requirements
of this By-law and of the "Development Regulations"; or
2) the product of the following formula: multiply the develop-
able site area (see 7.9) by 0.85 and divide the product by i
30,000 in the RO district and 15,500 in the RS or RT dis-
trict provided any fraction of orie half or more may be I�
credited toward another dwelling. �i
The maximum number of dwelling units (separate living units for
each family or household, see Section 2, Definitions) , but not the
number of dwellings, on a tract in a cluster subdivision or a
special residential development may, with the permission of the
Planning Board, be the greater of: '
1) the number of lats shown on the "proof plan" required by !
i
subparagraph 9.2.9.4 which the Planning Board determines are I
capable of being built in compliance with the requirements I
o= this By-law and of the "Development Regulations"; or '
2) the product of the following formula: multiply the develop-
able site area (see 7.9) by 0.85 and divide the product by
30,000 in the RO district and 15,5U0 in the RS or RT dis- ;
trict provided any fraction of one half or more may be ;
credited toward another dwelling. i
The number of dwellings or dwelling units allowed in a cluster '
subdivision or a special residential development is not a matter of I,
right and the number which is allowed may be less than the maxima
set forth in the preceding paragraphs depending on the application '
of the criteria set forth in subparagraph 9.3.5.
I
I
I''
(AD�OURNEb SESSION, A.T.M., Cb�T. - AP�tIL 27, 19$8) 2��
9,2.9.3 FACIi.ITIES NOT DIVIDEU INTO DWELLING UNTTS: The maximum
density of a facility, permitted by 9.2.3 h, such as group quart-
ers , which are not divided into dwelling units, shall be determined
by first calculating the maximum number of dwelling units, using
the procedure described in subparagraph 9.2.9.2 and then determin-
ing the equivalent number of dwelling units as provided in 9.2.10.
3.2e9.4 DOCUMENTATION REt�UIRED: To determine the maximum density
'�'. permitted in a planned residential development, an applicant shall
submit:
� 1) a certified calculation of the developable site area (see
7.9) , '
2) the calculation required by 9.2.9.1 and, if applicable, by '
9.2.9.2, and
3) a "proof plan" superimposed on a certified plot plan, based
on an instrument survey, showing a street layout complying
with che standards for horizontal layout set forth in the
Planning Board's "Development Regulations" and lots comply-
ing with the minimum lot area, minimum lot frontage and
minimum lot width standards of this By-Law."
--------------------------------------------------
PART D
In SECTION 2, DEFINITIONS, in the definition FLOOR AREA, NET;
1) in subparagraph b. by inserting the words "and shaft," after
the words "elevator machinery" in the fourth line and by adding at
the end the words
"; space for storage or' other support services for any use are Part D
included in the determination of net floor area," so that subpara- replaced by
graph b., as amended, will read: Weiss amend.
"b. areas devoted exclusively to the operation and maintenance of a see p.235
building, irrespective of its occupants, such as heating, ventilat-
ing and cooling equipment, electrical and telephone facilites, fuel Notice of
-- storage, elevator machinery and shaft, or mechanical equipment; Reconsid.
space for storage or other support services for any use are includ- see p.235
ed in the determination of net fioor area,"; 2) by str�king out
subparagraphs c and d in their entirety and by renumbering subpara- Reconsideration
graph e to be "c"; and p. 266
3) by inserting a new sentence at the end, as follows:
"To simplify the calcuiation, the net floor area may be 80 percent Indefinitely
of the gross floor area, exclusive of any floor area within the Postponed '
building used for off-street parking or loading, but in no case p. 266 =
sha11 the net floor area, exclusive of any floor area within the Part D deleted
buiiding used for off-street parking or loading, be less than 80
percent of the gross floor area.";
�
�'
,��� �.
j
(ADJOURNED SESSION, A.T.M. , CONT. - APRIL 27, 1988) I
i
i
i
8:22 p.m. - Presented by Eleanor Klauminzer, who moved that each
part be considered separately. '
The Moderator stated that Article 39 would be divided and each part I
considered separately. '
I
Mrs. Klauminzer presented Part A. � ,
i
There was discussion. i
�
Following a voice vote at 8:47 p.m. which was not unanimous, the
Moderator called for a standing vote which was tallied as follows:
yes no
Precinct
1 10 4
2 9 4
3 14 4
4 18 1
5 9 3
6 15 0
7 10 4 �
8 9 $ I
9 16 2 I
At large 16 4
Totals 126 34 1
At 8:51 p.m. the Moderator declared Part A of Article 39 to have I
been adopted. i
Richard Michelson, Pr. 8, served Notice of Reconsideration. i
----------- I
8:52 p.m. - Eleanor Klauminzer continued the presentation with Part
B. I
Following a voice vote at 8:57 p.m. , the Moderator declared '
unanimous passage of Part B.
8:58 p.m. - Eleanor Klauminzer continued the presentation with Part '
C. �
Karsten Sorensen, Planning Board and Pr. 4, expressed his �.
opposition. There was considerable discussion with explanation I'� '
from the Planning Board. �
!� �
9:41 p.m. - Eleanor Klauminzer moved to Table Article 39, Part C. did not pass �
see below ��
Following a voice vote at 9:41 p.m. , the Moderator declared Mrs. �
Klauminzer's motion to table not to have passed.
Following a voice vote at 9:42 p.m. , the Moderator declared that �
Article 39, Part C, had been defeated.
i
i
� ��
(ADJOURNED SESSION, A.T.M., CONT. - APRIL 27, 1988)
9:42 p.m. - Eleanor Klauminzer continued the presentation with Part
D.
9:44 p.m. - Ephraim Weiss, Pr. 5, made the following motion:
� MOTION: Under Article 39, I move to amend Part D by.
replacing it with the following:
passed
In SECTION 2, DEFINITIONS, by striking out the see below
existing definition of FLOOR AREA, NET in its
entirety, and replacing it with the following: Notice of
Reconsid.
"FLOOR AREA, NET: 80% of FLOOR AREA, GROSS" see below
9:46 p.m. - Judith Uhrig, Planning Board, served Notice of
Reconsideration on Article 39, Part C.
Following a voice vote at 9:50 p.m. , the Moderator declared the
Motion offered by Mr. Weiss to have passed.
Following a voice vote at 9:50 p.m. , the Moderator declared Article
39, Part D, as amended, to have been unanimously adopted. '
9:51 p.m. - Eleanor Klauminzer, Planning Board, served Notice of
Reconsideration on Article 39, Part D. ,
Reconsideration
passed &
---------------- Section D was Indef.
Postponed
see p. 266
ARTICLE 40 - ZONING BY-LAW NONCONFORMING SITUATIONS
9:52 p.m. - Karsten Sorensen, Planning Board, gave notice of his
intent to abstain on Article 40, Part B or whatever the designation
of the section dealing with pre-existing lots.
9:52 p.m. - Judith Uhrig, Planning Board, moved that the report be
accepted and placed on file.
Following a voice vote, the Moderator declared the report to have
been accepted and placed file.
See Page 236 for ARTICLE 40.
;
a �� (AD30URNED SESSION �.T.M. CO2�➢T. - APRIL 27, 1988) �
i
i
I
ARTICLE 40 ZOI�IING BY-LAW, NONCONFO�MING SITUATIONS
,. MOTION FOR TOWN CLEI2K
Motion: That the Zoning By-law be amended as foilows :
Part A p�T A: by striking out the existing Section 6 NON-CONFORMING USES �
adopted �,� STRUCTURES in its entirety and by inserting in place thereof a � i
with two new Section 6 NONCONFUIZMING SITUATIONS, as follows:
amendments
"SECTION 6 NONCONFOR�IING SI`l'UATIONS
see p.239, 247,
251 6.1.1 NONCONFURMING SITUATtONS: For the purposes of this By-law
nonconforming situations are those uses, buildings, struc-
see p.241,247, tures, parking spaces, loading bays, signs, landscaping and other
253 activities that are now subject to the provisions of this By-law
which were lawiul before this By-law was adopted or before amend-
ments to this By-law which are applicable to the situation were !
adopted, and such situations do not now conform to the provisions
of this By-law.
6.1.2 NONCOMPLYING SITUATIONS: Those uses, buildings, structures,
parking spaces, loading bays , signs, Zandscaping and other �
activities that are subject to the provisions of this By-law which �
were not lawfully created after this By-law was adopted or after
amendments to this By-1aw which are applicable to those situations
were adopted, are in violation of this By-law and may be called I
noncomplying situations.
6.1.3 NONCOMPLYING STRUCTURES 10 YEARS OR OLDER : In accordance
�
with Section 7, Chapter 40A M.G.L. , a structure, which has �
not been in compliance with this By-law, or with the conditions set
forth in any special permit or variance affecting the structure,
for a period of 10 years or more from the commencement of the !
violation, may not be the subject of an enforcement action by the !
Town to compel the removal, alteration, or relocation of such
structure. Structures which qualify under Section 7, Chapter 40A
ri.G.L., are considered to be nonconforming structures and are
nt as suc
h as rovided in this section. ,
e
ntitled to treatme p
6.1.4 OBJECTIVES �
The provisions of this section are intended to achieve the
following purposes: I
a. To allow nonconforming situations to continue until they are
discontinued or abandoned.
b. To encourage change in nonconforming situations toward
greater compliance with the provisions of this By-I.aw and to
reduce the degree of nonconformity.
c. To discourage any expansion of a nonconforming use, as ;
measured either by the amount of floor space or land area '
used or by the volume of activity in the use; and to encour- '
age the substitution of other uses, which may also be non- �
conforming, but which are more compatible with, and have I�
fewer adverse impacts on, the surrounding area. I
d. To permit some expansion or nonconforming buildings provided
there are not demonstrab'le adverse impacts on adjoining �
properties. i +
e. Where a nonconforming situation is proposed to be changed,
to encourage greater conformity with all the provisions of -" �
the By-law and the objectives and purposes stated in this
By-law.
f. In the event of the 'partial destruction of a nonconforming
situation, to permic the reconstruction of the nonconforming
situation so that the owner, and tenants if any, are not
subjected to substantial economic loss while, at the same '
time, seeking to achieve greater conformity with the provi- �
sions of this By-law and to reduce any adverse impacts on
the surrounding area. ',
_ _----_------ ----- ---
-1----------
------ ----------------___ __.__,-------
���
(ADJOURNSD SESSION �.T.M. CO�T. - APRIL 27, i988)
g. To permit the treatment of non-conforming situations to be
varied by the type of zoning district and the type of non-
conformity, i.e. to have a different approach for uses,
structures, parking or lots, for example.
6.2 GENERAL PROVISIONS
6.2.1 A use, building , structure, parking space, loading bay,
^' sign, landscaping or any other activity which is nonconform-
ing , but not non-complying, may be continued but may not be in-
_ creased or expanded except as may be specifically autliorized by
this section. If such nonconforming situation is abandoned or
terminated, as set forth below, it may not be resumed except in
compliance with this By-law.
6.2.2 LAWFULLY CR.EATED: A use, building , structure, lot, parking
space, loading bay, sign, landscaping or any other activity
is considered to be lawfully created , with respect to zoning re-
quirements, if:
a. it was in existence on March 17, 1924 when the Zoning By-law
was originally adopted, or,
b. subsequent to March 17, 1924 it was permitted by right by
the Zoning By-iaw and was in existence prior to the effect-
ive date of any amendment which renders it nonconforming ,
and if required at the time of its creation, a building
permit or,certificate of occupancy was issued.
As the records of the Building/Inspection Department in earlier
years are incomplete, the Building Commissioner may accept such
evidence of lawful creation for those years as he/she may deem to
be adequate in lieu of official Town records.
6.2.3 SPECIAL PERMIT, VARIANCE ARE NOT NONCONFORMING: A use,
, building , structure, lot, parking space, loading bay, sign,
landscaping or any other activity which is not otherwise permitted
: by right and does not comply with this By-law, due to the granting
of a variance or special permit, is not a nonconforming situation,
is not entitled to the treatments aff orded by this section and is
bound to the conditions of the special permit or variance, as
granted.
In the case of a special permit or variance which is not entitled
to treatment as a nonconforming situation, the Board of Appeals may -
grant an additional special permit or variance which has the effect
of extending such special permit or variance for an additional
period of time provided such special permit or variance is subject
to conditions that:
a. are not more permissive than those in the most recently
approved special permit or variance, and
b. bring the situation closer to compliance with the provisions
of this By-law.
6.2.4 ONCE IN CONFORMITY, OR CLOSER TO CONFORriITY, CANNOT REVERT:
Once a use, building, structure, lot, parking space, loading
bay, sign, landscaping or any other activity which had been noncon-
forming is brought into conformity with this By-law, it shall not
be permitted to revert to nonconformity. Once a use, building ,
structure, lot, parking space, loading bay, sign, landscaping or
any other activity which is nonconforming is brought into closer
! conformity with this By-law, i.e. the amount or deg ree of noncon-
� �- formity is reduced, it shall not be permitted to revert to noncon-
formity with the provisions of this By-law which is greater than
the closest amount or degree of conformity which it has .achieved.
6.2.5 CHANGE IN LOT TI3AT RESULTS IN NONCOMPLIANCE: No lot upon
which there is a building or for which a building permit is
in force shall be subdivided or otherwise changed in area or shape,
except through public acquisition, so as to result in a violation,
applicable to either the lot or the building, of the requirements
of Table Z, Schedule of Dimensional Controls, and of other appli-
cable requir.ements of this By-law. A lot already. nonconforming
���
I
(AnJOURNED SESSION �.T.M. COA➢T. - APRIL 27, 198$) �
shall not be chan ed in area or sha e so as to increase the de ree ;i
g P g ,
of nonconformity with the requirements of this By-law; a nonconfor- i
ming lot may be changed in area or shape to move closer to conform- �
ity with the requirements of this By-law. If land is subdivided, �
conveyed or otherwise transferred in violation hereof, no building �
or other permit sha11 be issued with reference to said transferred j
land until both the lot retained and the newly created lot(s) meet ; '
the requirements of this By-law. I l '
� �
6.2.6 NONCONFORMITY RESULTING FROM PUBLIC ACTION: If, as a result �
of public acquisition, a use, building, structure, lot, �
parking space, loading bay, sign, landscaping or any other activity ,
no longer complies with this By-law, it shall be considered to be
nonconforming and entitled to the treatment aff orded by this sec-
tion provided it was in compliance at the time of the public
acquisition.
6.2.7 DISCONTINUANCE, ABANDONMENT: A nonconforming use or struc-
ture or other noncon.forming situation is considered to be
�iscontinued or abandonecl whenever:
a. it is not used for a perio� of 24 consecutive months, or
b. there is evidence of discontinuance or abandonment and it is
apparent that the owner does not intend to resume the use or
other nonconforming situation, �
whichever occurs first. �
i
i
In the administration of part b. above, evidence of discon-
tinuance or abandonment shall be:
1) bringing the use, structure or other nonconformity into
compliance with this By-law, or, �
2) ceasing to be open to the public for the conduct of �
�
business for a period of six continuous months, and one �� �
or more of the following:
a) removal of customary equipment or supplies for the
operation of a use,
b) disconnecting electrical, gas or other utility �
services,
c) failure to provide for operation in colder weather
such as ceasing to heat the building at normal
levels required by health regulations or failing to �
provide snow removal, �
d) issuance of a notice of an unsafe structure by the
Building Commissioner, �
In the event that the Building Commissioner has evidence of
discontinuance or abandonment, he/she shall communicate with �
the owner of record, by certified u1ai1, inquiring as to the
owner's intent and informing the owner of the potential loss
in nonconforming status. Such owner shall be allowed a
period of thirty days from the transmittal of such communi-
cation in which to respond and to take action.
Discontinuance or abandonment of a part of a nonconforniing use, I
structure or situation shall not normally be considered to be ;
evidence of discontinuance or abandonment of the whole unless that
part which is discontinued or abandoned is the part which causes
the nonconformity. ,
I
6.2.8 The rights of a nonconforming use, structure, building , lot, i
parking space, loading bay, landscaping or other situation
are not affected by a change in ownership, tenancy or management
unless such ownership, tenancy or management is specifically a
condition of the issuance of a permit.
6.3 NONCONFORMING USES
6.3.1 A nonconforming use may be continued to the same degree and
for the same purpose but may not be altered, expanded or �
extended. A nonconforming use shall be considered to be altered, �
expanded or extended if there is:
--- - ----- ----------
----------------------------------------------.
�-------
2 3 J�
(ADJOURNED SESSION A.T.M. COA�T. - APRIL 27, 1988)
a. an increase in the net floor area, or
b. an increase in the number of employees, or
c. a substantial increase in the number of automobile or truck
traffic trips generated by the use, or
d. an increase in the hours of operation, or
e. a change from seasonal to full time operation,
since the use first became nonconforming.
, 6.3.2 A nonconforming use is limited to the lot on which it is
located and cannot be relocated to another lot within the
- same zoning district.
6.3.3 SUBSTITUTION OF NONCONFORMING USE: The Board of Appeals may
issue a special permit to allow a new use, not otherwise
permitted by right in the zoning district in which the nonconform-
ing use is located, to be substituted for the existing nonconform-
ing use subj ect to the following conditions:
a. The new use is more compatible with the zoning district in
which the nonconfoming use is located than the existing
nonconforming use it replaces. In this context, more compa-
tible shall mean it complies with the criteria set forth in
subsection 3.3.2 subparagraphs c, d and e, and
b. The new use is consistent with the purpose of the zoning
district in which it is to be located as set forth in sub-
paragraph 1.2.3. and
c. In the case that an existing nonconforming use is a co�er-
cial use (is listed in Table l, Permitted Uses and Develop-
ment Standards, Part B) and is located in a residential
zoning district, the SPGA may permit:
1) the substitution of another use permitted in any resi-
dential district or
2) if the SPGA first determines that a use permitted in a
� residential district is not feasible, it may permit a
new commercial use that is permitted in the CN district
( in substitution instead.
�
6.3.4 If a new use, not otherwise permitted by right in the zoning
district in which it is located is allowed by a special
permit granted under subparagraph 6.3.3, the new substituted use
shall be considered to be the non-conforming use and the previous
nonconforming use shall not be reestablished.
6.4 NONCONFORMING BUILDINGS
6.4.1 ONE-FAMILY, TWO-FAMILY DWELLING: An existing nonconforming
one-family or two-family dwelling which is nonconforming
with respect to a minimum yard setback may be enlarged or extended
in any other direction in compliance with this By-law by the issu-
ance of a building permit as provided in subsection 3.1.2. That
part of an existing nonconforming dweliing which is nonconforming
with respect to a minimum yard setback may be enlarged or extended
in that yard provided the SPGA grants a special permit and a11 of
the following conditions are met: Uhrig motion
a. the degree of noncon?gliaii�e- is not greater than 50 percent passed
of the required minimum yard setback, noncompliance
b. the site coverage of the dwelling within that minimum yard replaced by
setback is not increased, and nonconformity
�- c. the SPGA determines that the extension or enlargement is see p,247,251
� appropriate in scale and mass for the neighborhood, with
� _� particular consideratian of abutting properties.
6.4.2 An existing nonconforming building, other than a one-family
or two family dwelling, which is nonconforming with respect
to a minimum yard setback may be enlarged or extended in any other
direction in compliance with this By-law by the issuance of a
building permit as provided in subsection 3.1.2 provided all other
uses, structures and activities on the lot comply fully with the
requirements of this By-law.
���
(ADJOURNED SESSION A.T.M. COAiT. - APRIL 27, 1988) '
�
6.4.3 An existing nonconforming building, other than a one-family ''
or two family dwelling , which is nonconforming with respect j
to another requirement of Section 7, Dimensional Controls, or of �,
Table 2, Schedule of Dimensional Controls, other than a minimum �
yard setback, may not be enlarged or extended.
6.4.4 NONCOMPLYING BUILDING: If a building, or a part of a build- �
ing, does not comply with the standards in Table 2, Schedule I
of Dimensional Controls, except for minimum lot area or minimum "lot ,
frontage, or those that were in effect when it was constructed, and
the building was constructed in accordance with a building permit �
issued by the Town except for such dimensional noncompiiance, it
shall be considered to be a nonconforming building , and entitled to I
treatment as such, if the following conditions are met:
a. the noncompliance has existed for at least six years during
which time no enforcement action under the provisions of
sections 3.1 has been taken, and
b. the noncompliance was not created or increased by changes in
lot lines after the construction of the building.
If a buildin�, or a part of a building, does not comply with the
standards in Ta�le 2, Schedule ot Dimensional Controls, except for
minimu� lot area or minimum lot frontage, or those that were in
effect when it was constructed , and conditions a) and b) above are
met but the building was not constructed in accordance with a
building permit duly issued or there is no evidence a building I
permit was issued, the Board of Appeals may grant a special permit i
for the continued use of the building und er the provisions of I
section 3.3 provided it determines the building is compatible with �
its neighborhood and complies with the criteria set forth in sub-
section 3.3.2 subparagraphs b, c, d, and e.
6.5 NONCONFORi�1ING LOTS �--� I
6.5.1 No lot which does not comply with the provisions of this By- ' I
._..,
law with respect to minimum lot area, minimum lot frontage,
or minimum lot width or with the requirements then in effect at the
time of recording or endorsement, whichever occurs sooner, shall be ,
subdivided or otherwise changed in area or shape, except through I
public action, so as to be in violation of the provisions of this
By-law. t� lot already nonconforming with respect to those provi- ',
sions sha11 not be changed in area or shape so as to increase the '
degree of noncompliance. A lot which is nonconforming with respect i
to those provisions may be changed to be made closer in compliance
but once brought closer into compliance i.e. the amount or degree �
of nonconformity is reduced, it sha11 not be permitted to revert to
noncompliance which is greater than the closest amount or degree of I
compliance which it has achieved. �
I
6.6 NONCONFORMING OFF-STREET PARKING AATD LOADING
6.6.1 EXISTING NONCONFORMING PARKING SPACES, LOADING BAYS: Any
off-street parking spaces or loading bays in existence on
the effective date of this By-Law or thereafter established, which
serve a building or use, may not be reduced in number, or changed
in location or design contrary to the requirements of Section 11 so '
as to increase the degree of nonconformity with the requirements of
Section 11. ,�
If the use of an existing structure or lot, which does not have �r...� ;
sufficient parking or loading, including a use which has no off- �
street parking or loading , is changed to a different type of use �,
for which a different number of parking spaces or loading bays is
required as set forth in subsection 11.3, and there is no increase
in the net floor, the following rules shall apply:
1) if there is a net increase in the number of required parlcing
spaces or loading bays, that net increase shall be provided,
which number shall not include any existing parking spaces
or loading bays, and
i
�
___--------- -- -- -
�— ----- --- ----- -- _- —_—__
. �
(ADJOURNED SESSION d.T.M. COA�T. - APRTL 27, 19$8)
2) if there is a net decrease in the number of required parking
spaces or loading bays , that lesser number shall be the new
basis for determining whether, in the future, there is a net
increase in the number of parking spaces or loading bays
required.
Tf it is proposed to increase the net floor area of a building,
whether by addition to the exterior of the building or by internal
reconstruction, and the building does not have sufficient off-
�' street parking or loading, fu11 compliance with Section il for the
entire building shall be a condition of the issuance of a building
� permit for the construction of the increase of net floor area.
Parking spaces or loading bays in existence on April 4, 1984 which
serve existing uses, and comply with the design standards of sub-
section 11.7.2 (dimensions) , 11.7.4 (loading bays) , 11.7.7 (surfac-
ing) and 11.7.8 (grade) , may be counted toward the number needed '
for the enlargement or increase in the net floor area of an exist-
ing buzlding or the change from one type of use to another, but not
for a new building, even though they do not conform to the require-
ments of sub-sections 11.6.2 (setbacks) , 11.7.6b (snow storage) ,
11.7.6c (access for a parking lot) , and 11.7.9 (landscaping) ,
provided they comply to the maximum extent practicable.
An applicant seeking credit for existing parking spaces or loading
bays shall first submit an off-street parking and loading plan, as
provided in subsection 11 .2, certified by a registered land survey-
or or professional engineer. If the existing paved area is not
marked off into parking spaces or loading bays , such spaces or
bays, complying with the subsection 11.7.2 (dimensions) shall be
delineated on the plan. To qualify, an existing parking space or '
loading bay shall be entirely on the lot.
6.6.2 PARKING AND LOADING REQUIREMENTS FOR A BUILDING DESTROYED,
DAMAGEll OR DEMOLISHED: If a building, for which sufficient
_ off-street parking or loading is not provided, is destroyed, damag- '
ed or demolished by the owner, the building may be reconstructed or I
replaced if otherwise permitted by this By-law, without providing
additional parking spaces or loading bays provid ed the new use is
the same type of use (see 11.3.1 ar 11.3.3) as the use before the
destruction, damage or demolition, or is a type of use that requir-
es the same or fewer parking spaces or loading bays. If parking
spaces or loading bays were provided before the destruction, damage
or demolition, at least the same number of spaces or bays shall be
p rovid ed.
If the new use is a different type of use, for which a greater
number of parking spaces or loading bays is required, or if more
net floor area is to be constructed than previously existed, full
compliance with Section 11 for the entire building shall be a
condition of the issuance of any building permit for the recon- '
struction or replacement of the building. '
6.7 REPAIR, RECONSTRUCTION
6.7.1 CONTINUANCE, REPAIRS: Routine maintenance and repairs are
permitted to a nonconforming structure, sign, parking space
or loading bay or other nonconforming situation to maintain it in
(� sound condition and presentable appearance. Reconstruction, ',
renovation or alteration that would require the issuance of a
'�-=- building permit or special permit, which, in the opinion of the
Building Commissioner, represents a substantial capital investment
that will result in unduly prolonging the useful life of the
nonconformity is not permitted , except as may be allowed by 6.7.2
or 6.7.3 '
6.7.2 RECONSTRUCTION AFTER INVOLUNTARY DESTRUCTION (BY RIGHT):
Any nonconforming use, structure, building, sign, parking
space or loading bay or other nonconforming situation, which is
destroyed or damaged by explosion, collapse, fire, storm, natural '
disaster or other catastrophic event any of which is beyond the
control of the owner, to the extent of not more than 50 percent of ,
oS��+
�
'�-�9 C�
(ADJOURNED SESSION A.T.M. CONT. - APRIL 27, 198$)
its replacement cost, as determined by the building Commissioner,
may be reconstructed provided there is no increase in the site
coverage or gross floor area or the degree of nonconformity and the
reconstruction conforms to the current requirements of this By-"law
to the maximum extent practicable in the opinion of the Building ,
Commissioner. In this context, maximum extent practicable shall I
consider extreme site conditions, such as steep grades, the pre- �'�
sence of ledge or other unsuitable soil conditions, or the shape
and configuration of the lot. �
� ,
6.7.3 RECONSTRUCTION AFTER DESTRUCTION (BY SPECIAL PERMIT): The
Board of Appeals may grant a special permit for the recon- '
struction of a nonconforming use, structure, building, sign, park-
ing space or loading bay or other nonconforming situation, which is
destroyed or damaged by explosion, collapse, fire, storm, natural
disaster or other catastrophic event any of which is beyond the
control of the owner, to the extent of more than 50 percent of its
replacement cost, as determined by the Building Commissioner, or by
the proposed voluntary action of the owner to demolish, in whole or
in part, provided the SPGA determines that: '
a. there is no increase in the site coverage or gross floor
area or the degree of nonconformity,
b. the reconstruction conforms to the current requirements of ',
this By-iaw to the maximum extent practicable as described
in subparagraph 6.7.2. ,
c. in the case of the reconstruction of a nonconforming use, ',
that it complies with the standards for the substitution of
a nonconforming use described in subparagraph 6.3.3.
6.8 VESTING OF RIGHTS DURING ADUPTION OF AMENDMENTS
6.8.I A use, building, structure, sign, parking space or loading i
bay or other situation which would comply with the provi- �
sions of this By-law at the time at which a building permit is
issued or a special permit is granted but would not comply with a ;
proposed amendment to this By-law sha11 be considered to be noncon-
forming and may be completed, continued or maintained provided:
a. the building permit was issued or special permit was g ranted
before the first publication of notice of public hearing on
the proposed amendment, and '
b. substantial physical construction or start of operations is �
begun within six months of the issuance of a building permit �I
or the grant of a special permit and is carried through to ',
completion as continuously and expeditiously as is reason- �
able in the opinion of the Building Commissioner. If the I
construction is not completed within 18 months of the issu- ,,
ance of the building permit or the grant of the special I
permit, the rights to nonconforming status shall cease and
the construction shall comply with this By-law, as amended.
The filing of an application for either a building permit or a ��
special permit is not sufficient to vest rights but the building !
permit must be issued or the special permit must be granted prior �
to such first publication of notice. I
6.8.2 In the event of the filing and subsequent approval of a
definitive subdivision plan an exemption from an amendment
to this By-law and a right to be treated under the previously �� �
existing provisions of this By-law may be vested as set forth in �
Section 6 of the Zoning Act, Chapter 40A M.G.L. .� j
6.8.3 In the event of the filing and subsequent endorsement cf an
"approval not required" plan, referred to in Section 81P of
Chapter 41 , Sections 81K-81GG, The Subdivision Control Law, an ',�
exemption from an amendment to this By-law affecting the use of '
land only and a right to be treated under the previously existing
provisions of this By-law may be vested as set forth in Section 6
of the Zoning Act, Chapter 40A M.G.L. Such exemption shall apply
only in the case of the endorsement of a plan showing a subdivi- j
sion, as defined in section 81L of the Subdivision Control Law, in �
which there is a change in lot lines and shall not apply in the '
_._.
------ -- — - —-------------------------------_-
��
(ADJOURNED SESSION A.T.M. COI�1T. - APRIL 27, 198$)
case ot the endorsement of a plan which confirms existing lot lines
without change.
6.8.4 In the event that rights have been vested under a previous
version of the Zoning By-law, an owner may proceed as if
that version of the Zon-ing By-law applied to his/her property or
he/she may use the most current ver-sion of the Zoning By-law but
must use either version of the Zoning By-law fully and cannot
select provisions of both versions.
6.9 REGTSTRATION
6.9.1 The Building Commissioner may issue a certificate of occu-
pancy or certificate of registration of nonconformity which
acknowledges the existence of a use , structure, building , sign,
parking space, loading bay or other situation which is believed to
be nonconforming. The issuance of either certificate shall not be
a final determination by the Building Commissioner, unless. s.o
stated, that the apparent nonconformity was lawfully created but is
a means of recording the size, characteristics and degree of non-
conformity at the time of issuance of the certificate.";
--------------------------------------------
In Section 2, Definitions, by striking out the existing definition,
NONCON�ORMING USE OR BUILDING, in its entirety, and by inserting in
place thereof the following definition:
"NONCONFORMING: Those uses, buildings, structures, parking spaces,
loading bays , signs, landscaping and other activities that are now
subject to the provisions of this By-law which were lawful before
this By-law was adopted or before amendments to this By-law which
are applicable to the situation were adopted, and such situations
do not now conform to the provisions of this By-law.";
�
IIn Section 7, Dimensional Controls, in the title of subsection
�..r 7.2. , by deleting the words "LOT SIZE REDUCTION," so the the
title, as amended, will read: "7.2 MINIMUM LOT WIDTH";
by deleting subparagraph 7.2.1 in its entirety and by inserting in
place thereof the following:
"7.2.1 CHANGE IN LOT THAT RESULTS IN NON-COMPLIANCE: See subpara-
graph 6.2.5 dealing with the subdivision or other change in a lot
which is now nonconforming or would be made noncomplying.";
by deleting subparagraph 7.4.3, which deals with pre-existing
neighborhood business lots, in its entirety and by inserting in
place thereof:
"7.4.3 (Reserved)"
by deleting subparagraph 7.4.4, which deals with pre-existing CM
district lots, in its entirety and by inserting in place thereof:
"7.4.4 (Reserved)"
by deleting subparagraph 7.4.6 which has no text and is reserved,
subparagraph 7.4.$, which deals with the legal right of way on an
undefined street, and subparagraph 7.4.9, which provides exemptions
for certain non-complying buildings, all in their entirety; and by
renumbering the existing subparagraphs 7.4.5 and 7.4.7 to be 7.4.3
� and 7.4.4 respectively. ;
`--- and in Section 11 OFF-STREET PARKING AND LOADING, by deleting
subsection 11.1.3 in its entirety and by inserting in place '
thereof:
"11 .1.3 EXISTING NONCONFORMING PARKING SPACES, LOADING BAYS: see
subparagraph 6.6.1."; :
and by deleting subsection 11.1.4 in its entirety and by inserting
in place thereof:
"11.1.4 PARKING ANll LOADING REQUIREMENTS FOR A BUILDING DESTROYED,
DAMAGED OR DEMOLISHED: see subparagraph 6.6.2." '
--------------------------------------------
���
� (ADJOURNED SE5SION A.T.M. COA➢T. - APRIL 27, 1988)
PART B
By amending the Zoning By-law to insert in the new Section 6,
Nonconforming Situations, as set forth in Part A of this motion,
the following:
"6.5.2 SINGLE LOT EXEMPTION (ISOLATED LOT): A nonconforming lot
for use for one-family or two-family dwelling is exempt from -
complying with requirements for an increase in minimum lot area, '
minimum lot frontage, minimum lot width and minimum yard setback
which have been, or may be, adopted since the lot was created
provided that:
a. the lot has less than the increased requirement but at least
S,OOQ square feet of lot area and at least 50 feet of
frontage,
b. at the time of recording or endorsement whichever occurs �
sooner, or at any time subsequently, it was not held in
common ownership or combined with any adjoining land, and
c. it complied with the then existing requirements, for minimum
lot area, minimum lot frontage, minimum lot width and mini-
mum yard setback.
I
6.5.3 LIMITED EXEriPTION FOR SEPARATE ADJOINING NONCONFORMING LOTS !
IN CUMMON UWNERSHIP: A separate nonconforming lot, for use ,
for a one-family or two-family dwelling , which adjoins not more i
than two other separate lots in common ownership is exempt until '
May 1, 1993 from complying with the requirements for a minimum lot
area of greater than 75U0 square feet, or from minimum lot frontage
or minimum lot width of more than 75 feet, provided that all of the
following conditions are met:
a. the plan for such lots was recorded prior to January l, 1976
and at the time of recording or endorsement, whichever '
occurred sooner, and at all times subsequentiy, each such "� {
lot was a separate lot and was not combined with other � �I
adjoining lots held in co�on ownership, and
b. each such separate lot complied with all other requirements
of this By-law in effect as of January 1, 1976, and
c. each such separate lot held in common ownership had at least
7,500 square feet of 1ot area and at least 75 feet of i
frontage.
For the purposes of this section, a separate lot is one which would I
not be considered to be combined by the application of the tests
set forth in subparagraph 6.5.4. ;
I
This provision shall not apply to more than three such nonconform- '�
ing lots held in common ownership. In the event that there are '�
more than three such lots held in common ownership, no building
permit for the construction of a new one-family or two-family
dwelling shall be issued until such lots are combined into one or �,
more lots complying with all requirements of this By-law. �I
In the event that there are not more than three separate lots held i
in common ownership and not all lots have at least 7,500 square I
feet of lot area and at least 75 feet of frontage, no building
permit for the construction of a new one-family or two-family
dwelling shall be issued until the land in lots which do not have '
at least 7,500 square feet of lot area and at least 75 feet of �
f rontage (undersized lots) are combined with the nonconforming lots ',
which do have at least those dimensions. The right to combine such �
undersized lots with one or more nonconforming lots f or which the !
exemption is available shall expire on May 1, 1993 and the exemp- ;
tion from the requirements for minimum lot area, minimum lot front-
age and minimum lot width sha11 not be allowed thereafter. '
6.5.4 COM23INATION OF LOTS: A lot which does not comply with the
provisions of this By-law which has been combined with one
or more other lots does not retain its nonconforming status and is ,
considered to form a larger lot, for zoning purposes, if any of the I,
following has occurred: '��
a. COMBINATION BY DEED: When two or more lots have been treat- �
ed as one lot for conveying purposes at any point in the
------ ---------I— ---__---- --—- -------------- -------- --—
(ADJOURNED SESSION �.T.M. COA1T. - APRIL 27, 19$8) 2��
chain of title by referring to a single area ancl or by a
single perimeter description or by being shown on a recorded
plan as one lot and the conveyance postdates the recorded
deed or plan relied on to establish nonconforming status .
b. COMBINATION BY USE: When two or more adjacent nonconforming
lots are held in common ownership, even though described
separately by deed, and:
1) a structure for a principal use has been constructed on
or over the side lot line(s) separating the lots, or
' 2) a structure, with a permanent foundation, for a princi-
pal or accessory use has been constructed within the
then required minimum side yard setback required from
the side lot line(s) separating the lots, or �
3) one of the lots is used for any significant structure on
a permanent foundation, such as but not limited to a
barn, storage building or greenhouse, or a required
accessory use, whether in a structure or not, such as
but not limited to, off street parking or a driveway, if
such accessory structure or required accessory use has a �
demonstrable relationship to a principal use on the
other lot.
c. COMBINATION BY APPLICATION: When an owner of two adjacent
Iots has represented to the Town in an application for a
building permit, special permit or variance for any struc-
ture or use that the lots are one lot for zoning purposes,
and such building permit or special permit or variance was
granted in reliance on that representation, and the struc-
ture or use would not have complied with the zoning regula-
tions then in effect but for the representation that the
lots constituted one lot for zoning purposes. As a condition
of the granting of a building pernit for any new one- or
two-family dwelling, the Building Commissioner shall require
that a plan, showing the combination of the two lots into
one, be recorded in the Registry of Deeds.
� n
�_ 0 ce a Iot has been combined into a larger lot, for zoning purpos-
es, it may not be subdivided or otherwise changed to revert to
noncompliance which is greater than the closest amount or degree of
compliance cahich it has achieved as a combined lot.
In interpretation of these provisions, the Building Commissioner
and the Board of Appeals shall rely principally on the deeds and
other instruments recorded in the Registry of Deeds. The treatment
of lots by the Board of Assessors are considered to be an admini-
strative determination of that Board and are not a substitute for
the property records of the Registry of Deeds.
6.5.5 LOT WITHOUT FRONTAGE ON A STREET: A lot which does not have
the minimum lot frontage required by this By-law, including
any rights of nonconforming lots, on either a public street or an
unaccepted street (see definitions) and does not appear on the
Zoning Map but may abut a right-of-way, interior drive or other way
is not a building lot for zoning purposes. If f rontage is provid-
ed for such lot by the construction of a new street, such lot is
not entitled to treatment as a nonconforming lot and must comply
with all provisions of this By-law.";
in subsection 7.4 EXEMPtIONS FRONI DIMENSIONAL REQUIREMENTS,
In subparagraph 7.4.1, by deleting the existing wording, including
� tables a and b, in its entirety, and by inserting in place thereof:
�..__
"7.4.1 NONCONFO&yIING ISOLATED SINGLE LOTS: In R0, RS and RT
districts , if a lot qualifies for the isolated single lot
exemption, (see 6.5.2) , has the minimum lot frontage and area set
forth in a. below, and if used for the construction of a one-family
dwelling, or, in the RT district for a two-family dwelling, or a
permitted accessory structure in any of those three districts, such
lot is exempted from the minimum lot area, minimum lot frontage and
minimum lot width requirements of this By-law and may have a side
yard setback not less than that set forth in b. below. This exemp-
tion does not apply to nonconforming adjoining lots in common
^�'�6
(ADJOURNED SESSION A.T.M. COA7T. - APRIL 27, 1988) ;
ownership except as subparagraph 6.5.3 may allow a limited exemp- i
tion from the requirements for minimum lot area, lot frontage and ;
lot width.
a. MINIMUM AREA AND FRONTAGE I
Lots laid out and recorded Area in sq. ft. Frontage
by plan or deed at least at least �
Prior to riarch 18, 1929 5,000 50 ft. �
i
On or after March 18, 1929 7 ,500 75 ft. � �
and prior to August $, 193b �
I
On or after August 8, 1938 12,500 l0U ft.
and prior to December 4, 1950 ,
On or after December 4, 1950 15,500 125 ft .
and prior to December 1, 1953
and located in the RO district
b. SIDE Y[�RD SETBACK
It Actual Lot Frontage Is: Side Yard Must Be Not Less Than:
50 feet 7.5 feet i
More than SU feet but not 10 feet
more than 75 feet
More than 75 feet but not 12 feet
more than 100 feet
I
More than 100 feet 15 feet " j
' i
1
�
i
�
�
I
�
I
i ' 'i
� �
I
�,
�
I
-- --------- --------�-- — --------- — _
247
(ADJOURNED SESSION, A.T.M., CONT. - APRIL 27, 1988)
The Moderator declared the article would be divided into its
parts.
Mrs. Uhrig proceded with Part A.
Discussion followed.
10:16 p.m. - Mrs. Uhrig made the following motion:
MOTION: in subparagraph 6.4.1a by striking out the Passed
� word "noncompliance" and by inserting in place see below
L._..-. thereof the word "nonconformity" �P-239 for
original)
�
Following a voice vote at 10:17 p.m. , the Moderator declared
unanimous passage of the amendment.
Discussion continued on Part A.
10:46 p.m. - Mrs. Uhrig made the following motion:
MOTION: in paragraph 6.7.1 by deleting the second
sentence. passed
see below
. (p.241 for
Following a voice vote at 10:47 p.m. , the Moderator declared original)
unanimous passage of the amendment.
Following a voice vote at 10:47 p.m. , the Moderator declared
unanimous passage of Article 40, Part A as amended.
-----------------
10:48 p.m. - John Eddison, Board of Selectmen, moved to adjourn
until Monday, Ma.y 2, 1988, at 8 p.m. , in Cary Hall.
-- Following a voice vote, the Moderator declared the Meeting
adjourned until Monday, May 2, 1988, at 8 p.m. , in Cary Hall.
A true copy.
Attest: �,
Bernice H. Fallick, Town Clerk
SEE Page 248 for Article 40, Part A as amended
and as passed. ,
Part B did not pass
�.�� (AllJOURNED SESSION A.T.M. COA➢T. - APRIL 27, 19$8)
i
I
i
�
as amended �TICLE 40 ZONING BY-LAW, NONCONFO�MING SITUATIOAFS �
I
and as passed MUTION FOR TOWN CLERK �
Motion: That the Zoning By-law be amended as follows :
PART A: by striking out the existing Section 6 NON-CONFORr1ING USES ^t �
AND STRUCTURES in its entirety and by inserting in place thereof a
new Section 6 NONCONFORMING SITUATIONS, as follows: i
I
"SECTION 6 NONCONFORNIING STTUATIONS
� 6.1.1 NONCONFOiZ1vIING SITUATIONS: For the purposes of this By-law I'',
nonconforming situations are .those uses, buildings, struc- ,
tures , parking spaces, loading bays, signs, landscaping and other
activities that are now subject to the provisions of this By-law
which were lawful before this By-law was adopted or before ar�end-
ments to this By-1aw which are applicable to the situation were
adopted, and such situations do not now conform to the provisions
of this By-law.
6.1.2 NONCOMPLYING STTUATIONS: Those uses, buildings, structures,
parkin� spaces, loading bays, signs, landscaping and other
activities that are subject to the provisions of this By-law which '
were not lawfully created after this By-1aw was adopted or after
amendments to this By-law which are applicable to those situations i
were adopted, are in violation of this By-law and may be called i
noncompiying situations.
6.1.3 NONCOMPLYING STRUCTUEtES 10 YEARS OR OLDER : In accordance �
with Section 7, Chapter 40A M.G.L. , a structure, which has i
not been in compliance with this By-law, or with the conditions set `-
forth in any special permit or variance afrecting the structure, '
for a period of 10 years or more from the commencement of the
violation, may not be the subject of an enforcement action by the i
Town to compel the removal, alteration, or relocation of such i
structure. Structures which qualify under Section 7, Chapter 40A
M.G.L., are considered to be nonconforming structures and are '
entitled to treatment as such as provided in this section.
6.1.4 OBJECTIVES i
The provisions of this section are intended to achieve the '
foilowing purposes: i
a. To allow nonconforming situations to continue until they are
discontinued or abandoned.
b. To encourage change in nonconforming situations toward I
greater compliance with the provisions of this By-1aw and to �
reduce the degree of nonconformity.
c. To discourage any expansion of a nonconforming use, as '�
measured either by the amount of floor space or land area ,
used or by the volume of activity in the use; and to encour- ,
age the substitution of other uses, which may also be non-
conforming, but which are more compatible with, and have I
fewer adverse impacts on, the surrounding area. i
d. To permit some expansion of nonconforming buildings provided
there are not demonstrable adverse impacts on adjoining
properties.
e. Where a nonconforming situation is proposed to be changed , �
to encourage greater conformity with a11 the provisions of
the By-law and the objectives and purposes stated in this
By-law. I
f. In the event of the partial destruction of a nonconforming
situation, to permit the reconstruction of the nonconforming
situation so that the owner, and tenants if any, are not '
subjected to substantial economic loss while, at the same
time, seeking to achieve greater conformity with the grovi-
sions of this By-law and to reduce any adverse impacts on
the surrounding area.
�
II
- ---------------
--- ---- —----
______----- --�-
����
(ADJOURNED 5ESSION A.T.M. C0�➢T. - APRIL 27, 1988)
g. To permit the treatment of non-conforming situations to be
varied by the type of zoning district and the type of non-
conformity, i.e, to have a different approach for uses,
structures, parking or lots, for example.
6.2 GENERAL PROVISIONS
6.2.1 A use, building, structure, parking space, loading bay,
sign, landscaping or any other activity which is nonconform-
� ing , but not non-complying, may be continued but may not be in-
� creased or expanded except as may be specifically authorized by
this section. If such nonconforming situation is abandoned or
terminated, as set forth below, it may not be resumed except in
compliance with this By-law.
6.2.2 LAWFULLY CREATED: A use, building, structure, lot, parking
space, loading bay, sign, landscaping or any other activity
is considered to be lawfully created, with respect to zoning re-
quirements, if:
a. it was in existence on March 17, 1924 when the Zoning By-law
was originally adopted, or,
b. subsequent to March 17, 1924 it was permitted by right by
the Zoning By-law and was in exis.tenc.e prior to the effect-
ive date of any amendment which renders it nonconforming ,
and if required at the time of its creation, a building
permit or certificate of occupancy was issued.
As the records of the Building/Inspection Department in earlier
years are incomplete, the Building Commissioner may accept such
evidence of lawful creation for those years as he/she may deem to
be adequate in lieu of official Town records.
6.2.3 SPECIAL PERMIT, VARIANCE L�RE NOT NONCONFORMING: A use,
building, structure, lot, parking space, loading bay, sign,
landscaping or any other activity which is not otherwise permitted
, by right and does not comply with this By-law, due to the granting
of a variance or special permit, is not a nonconforming situation,
is not entitled to the treatments aff orded by this section and is
bound to the conditions of the special permit or variance, as
granted.
In the case of a special permit or variance which is not entitled
to treatment as a nonconforming situation, the Board of Appeals may
grant an additional special permit or variance which has the effect
of extending such special permit or variance for an additional
period of time provided such special permit or variance is subject
to conditions that:
a. are not more permissive than those in the most recently
approved special permit or variance, and
b. bring the situation closer to compliance. with the. provisions
of this By-law.
6.2.4 ONCE IN CONFORMITY, OR CLOSER TO CONFORMITY, CANNOT REVERT:
Unce a use, building, structure, lot, parking space, loading
bay, sign, Iandscaping or any other activity which had been noncon-
forming is brought into conformity with this By-1aw, it shall not
be permitted to revert to nonconformity. Once a use, building,
structure, lot, parking space, loading bay, sign, landscaping or
, any other activity which is nonconforming is brought into closer
conformity with this By-1aw, i.e. the amount or degree of noncon-
- for�ity is reduced, it shall not be permitted to revert to noncon-
formity with the provisions of this By-law which is greater than
the closest amount or degree of conformity which it has achieved.
6.2.5 CHANGE IN LOT THAT RESULTS IN NONCOMPLIANCE: No lot upon
which there is a building or for which a building permit is
in force shall be subdivided or otherwise changed in area or shape,
except through public acquisition, so as to result in a violation,
applicable to either the lot or the building, of the requirements
of Table 2, Schedule of Dimensional Cantrols, and of other appli-
cable requirements of this By-lawe A lot already nonconforming
�
? �� ,
(ADJOURNED SESSTON A.T.M. COAI�9TT. - APRIL 27, 19$8) i
shall not be changed in area or shape so as to increase the degree i
of nonconformity with the requirements of this By-law; a nonconfor- �
ming lot may be changed in area or shape to move closer to conf orm-
ity with the requirements of this By-law. If land is subdivided, �
conveyed or otherwise transferred in violation hereof, no building ,
or other permit shall be issued with reference to said transferred
land until both the lot retained and the newly created lot(s) meet �
the requirements of this By-law. i
6.2.6 NONCONFORriITY RESULTING FROM PUBLIC ACTION: If, as a result ' i
of public acquisition, a use, building, structure, lot,
parking space, loading bay, sign, landscaping or any other activity
no Ionger complies with this By-law, it shall be considered to be '
nonconforming and entitled to the treatment afforded by this sec-
tion provided it caas in compliance at the time of the public
acquisition. �
6.2.7 DISCOIQTINUANCE, ABANDONMENT: A nonconforming use or struc-
ture or other nonconforming situation is considered to be '
discontinued or abandoned whenever:
a. it is not used for a period of 24 consecutive months, or
b. there is evidence of discontinuance or abandonment and it is
apparent that the owner does not intend to resume the use or
other nonconforming situation,
whichever occurs first.
�
In the administration of part b. above, evidence of discon- ,
tinuance or abandonment shall be: �
1) bring ing the use, structure or other nonconformity into ;
compliance with this By-law, or,
2) ceasing to be open to the public for the conduct of
business for a period of six continuous months, and one ;
or more of the following:
a) removal of customary equipment or supplies for the I ,
operation of a use, ' i
b) disconnecting electrical, gas or other utility
services,
c) failure to provide for operation in colder weather
such as ceasing to heat the building at normai i
levels required by health regulations or failing to
provide snow removal, �
ci) issuance of a notice of an unsafe structure by the
Buiiding Commissioner, ,
In the event that the Building Co�¢nissioner has evidence of I�
discontinuance or abandonment, heJshe shall communicate with �
the owner of record , by certified mail, inquiring as to the
owner's intent and informing the owner of the potential loss
in nonconforming status. Such owner shall be allowed a
perioci oT thirty days from the transmittal of such communi-
cation in which to respond and to take action.
Discontinuance or abandonment of a part of a nonconforming use, '
structure or situation shall not normally be considered to be
evidence of discontinuance or abandonment of the whole unless that
part which is discontinued or abandoned is the part which causes
the nonconformity.
6.2.8 The rights of a nonconforming use, structure, building , lot, ' '
parking space, loading bay, landscapin� or other situation � '
are not affected by a change in ownership, tenancy or management i
unless such ownership, tenancy or management is specifically a �
condition of the issuance of a permit. !
6.3 NONCONFOItMING USES
6.3.1 A nonconforming use may be continued to the same degree and
for the same purpose but may not be altered, expanded or
extended. A nonconforming use shall be considered to be altered ,
expanded or extended if there is: ;
i
;
_ _-- --------- -- - - -
--------- --_ _-----
�----- -
25 �
(ADJOURNED SESSION A.T.M. COI�T'. - APRIL 27, 19$8)
a. an increase in tne net floor area, or
b. an increase in the number of employees, or
c. a substantial increase in "the number o= automobile or Lruck
tratfic trips generated by the use, or
d. an increase in the hours of operation, or
e. a thange from seasonal to full time operation,
since the use first became nonconforming.
6.3.2 A nonconforming use is limited to the lot on which it is
', located and cannot be relocated to another lot within the
,- same zoning district.
6.3.3 SUBSTITUTION OF NONCONFORMING USE: The Board ot Appeals may
issue a special permit to allow a new use, not otherwise
permitted by right in the zoning district in which the nonconform-
ing use is located, to be substituted for the existing nonconform-
ing use subject to the following conditions:
a. The new use is more compatible with the zoning district in
which the nonconfoming use is located than the existing
nonconforming use it replaces. In this context, more compa-
tible shall mean it complies with the criteria set forth in
subsection 3.3.2 subparagraphs c, d and e, and
b. The new use is �consistent' with the- purpose �of the-zoning
district in which it is to be located as set forth in sub-
paragraph 1.2.3. and
c. In the case that an existing nonconforming use is a commer-
cial use (is listed in Table 1, Permitted Uses and Develop-
ment Standards, Part B) and is located in a residential
zoning district, the SPGA may permit:
1) the substitution of another use permitted in any resi-
dential district or
2) if the SPGA first determines that a use permitted in a
residential district is not feasible, it may permit a
, new commercial use that is permitted in the CN district
in substitution instead.
6.3.4 If a new use, not otherwise permitted by right in the zoning
district in which it is located is allowed by a special
permit granted under subparagraph 6.3.3, the new substituted use
shall be considered to be the non-conforming use and the previous
nonconforming use shall not be reestablished.
6.4 NONCONFORMING BUILDINGS
6.4.1 ONE-FAMILY, TWO-FAMILY DWELLING: An existing nonconforming
one-family or two-family dwelling which is nonconforming
with respect to a minimum yard setback may be enlarged or extended
in any other direction in compliance with this By-law by the issu-
ance of a building permit as provided in subsection 3.1.2. That
part of an existing noriconforming. dwelling which is_nonconforming
with respect to a minimum yard setback may be enlarged or extended
in that yard provided the SPGA grants a special permit and a11 of
the following conditions are met:
a. the degree of nonconformity is not greater than 50 percent
of the required minimun yard setback,
b. the site coverage of the dwelling within that minimum yard
setback is not increased, and
c. the SPGA determines that the extension or enlargement is
appropriate in scale and mass for the neighborhood, with
particular consideration of abutting properties.
6.4.2 An existing nonconforming building, other than a one-family
or two family dwelling, which is nonconforming with respect
to a minimum yard setback may be enlarged or extended in any other
direction in compliance with this By-law by the issuance of a
building permit as provided in subsection 3.1.2 provided all other
uses, structures and activities on the lot comply fully with the
requirements of this By-law.
� '�� (ADJOURNED SESSION �.T.M. COA➢T. - APRIL 2.7, 1988)
6.4.3 An existing nonconforming building, other than a one-family j
or two family dwelling, which is nonconforming with respect {
to another require�ent of Section 7, Dimensional Controls, or of I
Table 2, Schedule of Dimensional Controls, other than a minimum
yard setback, may not be enlarged or extended.
6.4.4 NONCOMPLYING BUILDING: If a building , or a part of a build- I�
ing, does not comply with the standards in Table 2, Schedule i
of Dimensional Controls, except for minimum lot area or minimum lot - I
frontage, or those that were in effect when it was constructed, and
the building was constructed in accordance with a building perm�t �
issued by the Town except for such dimensional noncompliance, it �
shall be considered to be a nonconforming building , and entitled to {
treatment as such, if the following conditions are met: ;
a. the noncompliance has existed for at least six years during �
which time no enforcement action under the provisions of ;
sections 3.1 has been taken, and
b. the noncompliance was not created or increased by changes in
lot lines after the construction of the building.
If a building, or a part of a building, does not comply with the
standards in Table 2, Schedule of Dimensional Controls, except for
minimum lot area or minimu� lot frontage, or those that. were in
effect when it was constructed, and conditions a) and b) above are
met but the building was not constructed in accordance with a
building permit duly issued or there is no evidence a building �
permit was issued, the Board of Appeals may grant a special permit �
for the continued use of the building under the provisions of �
section 3.3 provided it determines the building is compatible with
its neighborhood and complies with the criteria set forth in sub- �
section 3.3.2 subparagraphs b, c, d, and e.
6.5 NONCONFOKMING LOTS �
6.5.1 No lot which does not comply with the provisions of this By- ' I
law with respect to minimum lot area, minimum Tot frontage, �
or minimum 1ot width or with the requirements then in effect at the j
time of recording or endorsement, whichever occurs sooner, shall be �
subdivided or otherwise changed in area or shape, except through i
public action, so as to be in violation of the provisions oT this �
By-law. A lot already nonconforming with respect to those provi-
sions shall not be changed in area or shape so as to increase the ',
degree of noncompliance. r� lot which is nonconforming with respect �
to those provisions may be changed to be made closer in compliance
but once brought closer into compliance i.e. the amount or degree �
of nonconformity is reduced, it shall not be permitted to revert to
noncompliance which is greater than the closest amount or degree of
compliance which it has achieved. I
i
6.6 NONCONFORMING OFF-STREET PAIZKING AND LOADING
6.6.1 EXISTING NONCONFORMING PARKING SPACES, LOADING BAYS: Any ;
off-street parking spaces or loadino bays in existence on
the effective date of this By-Law or thereafter established, which - �
serve a building or use, may not be reduced in number, or changed �
in location or design contrary to the requirements of Section 11 so ,
as to increase the degree of nonconformity with the requirements of
Section 11.
If the use of an existing structure or lot, which does not have , I
sufficient parking or loading, including a use which has no off- �
street parking or loading, is changed to a different type of use �
for which a different number of parking spaces or loading bays is i
required as set forth in subsection 11 .3, and there is no increase
in the net floor, the following rules shall app.iy:
lj if there is a net increase in the number of required parking
spaces or loading bays, that net increase shall be provided,
which number shall not include any existing parking spaces
or loading bays, and
---------- ---- ----�--- ----
—_--- ___ __--------- _____ -------- _.
�,�
��
(ADJOURNED SESSION A.T.M. COA➢T. - APRIL 27, 1988)
2) if there is a net decrease in the number of required parking
spaces or loading bays , that Iesser number shall be the new
basis for determining whether, in the future, there is a net
increase in the number of parking spaces or loading bays
required.
If it is proposed to increase the net floor area of a building,
whether by addition to the exterior of the building or by internal
reconstruction, and the building does not have sufficient off-
� street parking or loading, full compliance cvith Section 11 for the
entire building shall be a condition of the issuance of a building
permit for the construction of the increase of net floor area.
Parking spaces or loading bays in existence on April 4, 1984 which
serve existing uses, and comply with the design standards of sub-
section 11.7.2 (dimensions) , 11.7.4 (loading bays) , 11 .7.7 (surfac-
ing) and 11.7.8 (grade} , u�ay be counted toward the number needed
for the enlargement or increase in the net floor area of an exist-
ing building or the change from one type of use to another, but not
for a new building, even though they do not conform to the require-
ments of sub-sections 11.6.2 (setbacks), 11.7.6b (snow storage) ,
11.7.6c (access for a parking lot) , and 11.7.9 (landscaping) ,
provided they. comply to the maximum extent prac.ticable.
An applicant seeking credit for existing parking spaces or loading
bays shall first submit an off-street parking and loading plan, as
provided in subsection 11 .2, certified by a registered land survey-
or or professional engineer. If the existing paved area is not
marked off into parking spaces or loading bays , such spaces or
bays, complying with the subsection 11.7.2 (dimensions} shall be
delineated on the plan. To qualify, an existing parking space or
loading bay shall be entirely on the lot.
6.6.2 PARKING AND LOADING REQUIREMENTS FOR A BUILDING DESTROYED,
DAMAGED OR DEMOLISHED: If a building, for which sufficient
_ off-street parking or loading is not provided, is destroyed , damag-
ed or demolished by the owner, the building may be reconstructed or
replaced if otherwise permitted by this By-law, witYeout providing
additional parking spaces or loading bays provided the new use is
the same type of use (see 11.3.1 or 11.3.3) as the use before the
destruction, damage or demolition, or is a type of use that requir-
es the same or fewer parking spaces or loading bays. If parking
spaces or loading bays were provided before the destruction, damage
or demolition, at least the same number of spaces or bays shall be
provided.
If the new use is a different type of use, for which a greater
number of parking spaces or loading bays is required, or if more
net floor area is to be constructed than previously existed, fu1Z
compliance wi.th Section 11 for the entire buiiding shall be a
. .
condition of the issuance of any building permit for the recon-
struction or replacement of the building.
' 6.7 REPAIR, RECONSTRUCTION
6.7.1 CONTINUANCE, REPAIRS: Routine maintenance and repairs are
permitted to a nonconforming structure, sign, parking space
or loading bay or other nonconforming situation to maintain it in
sound condition and presentable appearance.
'-s-- 6.7.2 RECONSTRUCTION AFTER INVOLUNTARY DESTRUCTION (BY RIGHT):
Any nonconforming use, structure, building, sign, parking
space or loading bay or other nonconforming situation, which is
destroyed or damaged by explosion, collapse, fire, storm, natural
disaster or other catastrophic event any of which is beyond the
control of the owner, to the extent of not more than 50 percent of
its replacement cost, as determined by the Building Co�issioner,
��5 4
(ADJOURNED SESSION A.T.M. COA1T. - APRIL 27, 1988) ;
nay be reconstructed provided there is no increase in the site i
coverage or gross floor area or the degree of nonconformity and the �
reconstruction conforms to the current requirements of this By-law
to the maximum extent practicable in the opinion of the Building
Commissioner. In this context, maximum extent practicable shall �
consider extreme site conditions, such as steep grades, the pre- �
sence of ledge or other unsuitable soil conditions, or the shape �
and configuration of the lot. �
I
6.7.3 RECONSTRUCTION AFTER DESTRUCTION (BY SPECIAL PERMIT): The �
Board of Appeals may grant a special permit for the recon- �
struction of a nonconforming use, structure, building , sign, park- I
ing space or loading bay or other nonconforming situation, which is I
destroyed or damaged by explosion, collapse , fire, storm, natural ',
disaster or other catastrophic event any of which is beyond the ;
control of the owner, to the extent of more than 50 percent of its �
replacement cost, as determined by the Building Commissioner, or by
the proposed voluntary action of the owner to demolish, in whole or
in part, provided the SPGA determines that:
a. there is no increase in the site coverage or gross floor
area or the degree of nonconformity,
b. the reconstruction conforms to the current requirements of
this By-law to the maximum extent practicable as described
in subparagraph 6.7.2.
c. in the case of the reconstruction of a nonconforming use,
that it complies with the standards for the substitution of i
a nonconforming use described in subparagraph 6.3.3. i
6.8 VESTING OF RIGHTS DUKING ADOPTION OF AMENDMENTS �
6.8.1 A use, building, structure, sign, parking space or loading �
bay or other situation which would comply with the provi-
sions of this By-law at the time at which a building permit is �
issued or a special permit is granted but would not comply with a
proposed amendment to this �iy-law sha11 be considered to be noncon-
forming and may be completed, continued or maintained provided:
a. the building permit was issued or special permit was granted
before the first publication of notice of public hearing on
the proposed amendr�ent, and j
b. substantial physicai construction or start of operations is �
begun within six months of the issuance of a building permit '
or the grant of a special permit and is carried through to �,
completian as continuously and expeditiously as is reason- '
able in the opinion of the Building Co�nissioner. If the
construction is not completed within 18 months of the issu- ;
ance of the building permit or the grant of the special
peruzit, the rights to nonconforming status shall cease and
the construction shall comply with this By-law, as amended. i
The filing of an application for either a building permit or a '
special permit is not sufficient to vest rights but the building
permit must be issued or the special permit must be granted prior !
to such first publication of notice.
6.$.L In the event of the filing and subsequent approval of a �
definitive subdivision plan an exemption from an amendment ,
to this By-I.aw and a right to be treated under the previously
existing provisions of this By-law may be vested as set forth in �
Section 6 of the Zoning Act, Chapter 40A i1.G.L.
, i
,
6.8.3 In the event of the filing and subsequent endorsement of an �
"approvai not required" plan, referred to in Section $1P of �,
Chapter 41, Sections 81K-81GG, The Subdivision Control Law, an �;
exemption from an amendment to this By-law affecting the use of
land only and a right to be treated under the previously existing
provisions of this By-law may be vested as set forth in Section 6
of the Zoning Act, Chapter 40A r1.G.L. Such exemption shall apply
only in the case of the endorsement of a plan showing a subdivi-
sion, as defined in section 81L of the Subdivision Control Law, in
which there is a change in lot lines and shall not apply in the
�
------— --------- --�—
255
(ADJOURNED 5ESSION A.T.M. CONT. - APRIL 27, 19$8)
case of the endorsement of a plan which confirms existing lot lines
without change.
6.8.4 In the event that rights have been vested under a previous
version of the Zoning By-law, an owner may proceed as if
that version of the Zon-ing By-law applied to his/her property or
he/she may use the most current ver-sion of the Zoning By-Iaw but
-- must use either version of the Zoning By-law fully and cannot
� select provisions of both versions.
6.9 REGISTt'2ATION
6.9.1 The Building Commissioner may issue a certificate of occu-
pancy or certificate of registration of nonconf ormity which
acknowledges the existence of a use, structure, building, sign,
parking space, loading bay or other situation which is believed to
be nonconforming. The issuance of either certificate shall not be
a final determination by the Building Commissioner, unless so
stated, that the apparent nonconformity was lawfully created but is
a means of recording the size, characteristics and degree of non-
conformity at the time of issuance of the certificate.";
--------------------------------------------
In Section 2, Definitions, by striking out the existing definition,
NONCONFORMING USE OR BUILDING, in its entirety, and by inserting in
place thereof the following definition:
"NONCONFORMING: Those uses, buildings, structures, parking spaces,
loading bays, signs, landscaping and other activities that are now
subject to the provisions of this By-law which were lawful before
this By-law was adopted or before amendments to this By-law which
are applicable to the situation were adopted, and such situations
do not now conform to the provisions of this By-law.";
In Section 7, Dimensional Controls, in the title of subsection
%.2., by deleting the words "LOT SIZE REDUCTION," so the the
title, as amended, wiil read: "7.2 MINIMUM LOT WIDTH";
by deleting subparagraph 7.2.1 in its entirety and by inserting in
place thereof the following:
"7.2.1 CHANGE IN LOT THAT RESULTS ZN NON-COMPLIANCE: See subpara-
graph 6.2.5 dealing with the subdivision or other change in a lot
which is now nonconforming or would be made noncomplying.";
by deleting subparagraph 7.4.3, which deals with pre-existing
neighborhood business lots, in its entirety and by inserting in
place thereof:
"7.4.3 (Reserved)"
by deleting subparagraph 7.4.4, which deals with pre-existing CM
district lots, in its entirety and by inserting in place thereof:
"7.4.4 (Reserved)"
by deleting subparagraph 7.4.6 which has no text and is reserved,
subparagraph 7.4.8, which deals with the legal right of way on an
undefined street, and subparagraph 7.4.9, which provides exemptions
for certain non-complying buildings, a11 in their entirety; and by
renumbering the existing subparagraphs 7.4.5 and 7.4.7 to be 7.4.3
and 7.4.4 respecti�;ely. ;
and in Section 11 OFF-STREET Pr�RKING AND LUADING, by deleting
subsection 11.1.3 in its entirety and by inserting in place
thereof:
"11.1.3 EXISTING NONCONFORMING PARKING SPACES, LOADING BAYS: see
subparagraph 6.6.1.";
and by deleting subsection 11.1.4 in its entirety and by inserting
in place thereof:
"11.1.4 PARKING AND LOADING REQUIREMENTS FOR A BUILDING DESTROYED,
DArIAGED OR DEMOLISHED: see subparagraph 6.6.2."
--------------------------------------------
� ��
li
�
�
i
I
I
;
I
'
I
i
�
��
I
� I
�
�,
�
�
i
�
i
i
�i
�
- 1 -__---- ---- __-- - _ __
_-- __----- ---__ - ----- _- ---
25�
ADJOIIRNED SESSION - 1988 ANNIIAL TOWN MEETING
MAY 2, 1988
The meeting was called to order by Moderator Margery M. Battin at
8:00 p.m., in Cary Memorial Hall.
There were 177 Town Meeting Members present.
8:00 p.m. The invocation was offered by the Reverend Mr. william
Wildes, St. Brigid's Church.
8:02 p.m. - The Moderator declared a formal recess. Leo McSweeney,
Lexington Youth Committee, introduced the Hayden Precision Teams
and congratulated them for their accomplishments.
8:12 p.m. - The Moderator declared th,e meeting to be open.
--------------------------------
ARTICLE 2 - REPORTS
8:12 p.m. - James Scanlon presented the Progress Update on
Alterations and Renovations to Public School Buildings.
----------------
ARTICLE 40 continued, Part B.
8:19 p.m. - Judith Uhrig, Planning Board, continued the '
presentation of Article 40 with Part i3.
MOTION: Part B of Article 40 be amended: amendment passed
1) by striking out subparagraph 6.5.3 in its
see below
'�' entirety; But al.l of
part B failed to
_. 2) by renumbering subparagraphs 6.5.4 and 6.5.5 to be
pass
6.5.3 and 6.5.4 respectively;
3) in subparagraph 6.5.2, in the first line by
see below
striking out the words "(ISOLATED LOT)";
in subparagraph "b" by deleting the words: "held
in common ownership or"
4) in subparagraph 7.4.1 by striking out the word
"isolated" in the subtitle and in the first line; and
by deleting the second sentence in its entirety.
8:29 p.m. - Presented by Mrs. Uhrig.
Following a voice vote at 8:21 p.m., the Moderator declared the
amendment offered by Mrs. Uhrig to have passed unanimously.
� Discussion continued with emphasis on affordable housing and
ownership rights.
Following a voice vote at 8:46 p.m. , the Moderator ruled that
Article 40, Part B, did not carry.
� �\� (ADJOURNED SESSION, A.T.M., CONT. - MAY 2, 1988)
�
ARTICLE 41 - ZONING BY-LAW, ACCESSORY APAR'I`MENTS
I
8:47 p.m. - David Williams, Planning Board, moved that the Report
of the Planning Board on Article 41 be accepted and placed on I
file.
i
Following a voice vote at 8:47 p.m., the Moderator ruled the Report
to have been accepted and placed on file.
The Moderator ruled that Article 41 would be divided into its I
various sections for discussion and vote.
8:48 p.m. - Motion as presented by Mr. Williams: �
(insert ARTICLE 41 here) '
41, Rawls amend.passed
see p.261
41,A, as amended passed
see p. 261
41,B, two amendments �
see p. 261,262 '
i
41,C, passed �
see p.262
Notice of Reconsideration ,
see p. 263 '-"
, � I
See p. for Article 41, as amended and as passed i
I
i
1
' " �
. � I I
t
i
�',
I
_ --------- - — - --- ---- -------------------
T-----
� 25�
(ADJOURNED SESSION, A.T.M., COA➢T. - MAY 2, 1988)
ARTICLE 41 ZOI�TING BY-LAW, ACCESSORY APABTMEAITS
MOTION FOR TOWN CLERK
Motion: That the Zoning By-Law be amended as follows:
PART A.
„ 1) In subparagraph 5.2.2 a. 5, which deals with the minimum floor area
required in a dwelling in order to qualify for an accessory apartment,
by striking out the nurnber "2,500" square feet and by inserting in '
place thereof "2,000" square feet.
2) In subparagraph 5.2.2 a. 6, which deals with the maximum percentage
of the floor area in a dwelling that can be occupied by an accessory
apartment, by striking out the number "30" percent and by inserting in
place thereof the number "35" percent;
by adding the words " , but not more than 900 square feet, whichever is
less." after the words "floor area" in the second line;
by moving the words: " , excluding areas in the structure used for
parking," from the. second line to .appear after ;the words "of the
accessory apartment" in the first line; and
by deleting the words: "of the dwelling as of January 1, 1983" from the
last line; so that the sentence, as amended, will read:
"The maximum gross floor area of the accessory apartment, excluding
areas in the structure used for parking, shall not exceed 35 percent of
the gross floor area, .but not more than 900 square feet, whichever is
less."
3) In subparagraph 5.2.6, in the third and fourth lines, by striking
�^; out the words: ". . .Table 1, Use Regulations Schedule, line 1.6.. ." and
by inserting in place thereof the words: ' ...Table l, Permitted Uses
_ and Development Standards, line 1.13. . .";
PART B
lj In subparagraph 5.2.2 a. 5, which deals with the date on which a
dwelling had to be in existence and the minimum gross floor area re-
quired to qualify for an accessory apartment, by striking out the
existing wording and by inserting in place thereof:
"The gross floor area of the dwelling, excluding floor area in .the
dwelling used for otf-street parking, as of January 1, 19$3, was at
least 2,OOU square feet. The amount of the gross floor area, excluding
floor area in the dwelling used for off-street parking, shall be veri-
fied in the records of the Building/Inspection department, or in the
Board of Assessors, or in ,such docunentation as. the building commis-
sioner may accept.
In the case of a detached one-family dwelling in existence on 3anuary
i, 1983, which did not, at that time, have 'L,000 square feet, excluding
floor area in the dwelling used for off-street parking , and is on a lot
the area of which is at least 15,500 square feet in an RS district and
at least 30,OU0 square feet in an RO district, an addition may be made
to such dwelling so that it will qualify for an accessory apartment
provided that the dwelling will meet the applicable conditions and
; requirements of section 5.2.
In the case oi a detached one-family dwelling constructed after January
1, 1983, including after the effective date of this amendment, which is
not in a planned residential development (see Section 9) , the Board of
Appeals may grant a special permit allowing the construction of an
accessory apartment provided the lot on which it is located has an area
of at least 18,000 square feet if located in an RS district and at
least 33,000 square feet if located in an RO district and if the Board
of Appeals determines that the proposed construction complies with all
the applicable conditions and requirements of section 5.2."; and
n��
. �
(ADJOURNED SESSION, A.T.M., COA1T. - MAY 2, 1988)
2� In subparagraph 5.2.2 b, by striking out subparagraph 2, which
prohibits enlargements or extensions in the size of a dwelling to
create space for an accessory apartment, in its entirety and by renum-
bering the existing subparagraphs 3 and 4 to be 2 and 3 respectively. '
I
3) In subparagraph 5.2.2 a, which are the general conditions and
requirements for all accessory apartments, by adding a new subparagraph '�
3, as follows :
"9. There shall be usable open space, as defined in subparagraph
9.3.7 , for the recreation and leisure time use of the occupants of the
dwelling , on the lot equal to or greater than the gross floor area of '
the dwelling."
PART C I
b addin a new subsection 5.2.7, as follows :
1) y g
"S.'L.7 ACCESSORY APARTMENT IN ACCESSORY STRUCTUItE
5.2.7.1 NEW ACCESSOt2Y APARTMENT IN AN ACCESSORY STRUCTURE: Notwith-
standing the provisions of this By-law that state an accessory
apartment shall be located in a structure constructed as a detached one
ramily dwelling and the prohibition in subparagraph 7.1.4 against
having more than one dwelling on a lot, the Board of Appeals may grant
a special permit to allow the construction of an accessory apartment in
an existing accessory structure which is on the same lot in the RS or :
RO district as an existing one-family dwelling provided: i
a. The lot has an area of at least 18,000 square feet in the RS �
district and at least 33,000 square feet in the RO district; �I
b. The structure was in existence on January 1, 1983; l
c. The accessory apartment has at least 500, but not more than 900, 1
square feet of gross floor area. An addition to an accessory
structure, which already has 500 or more square feet of gross
floor area, may be permitted but no addition shall be allowed �'"
which increases the gross floor area to over 900 square feet. !�
The gross floor area for the accessory apartment shall not �
include floor area used for any other permitted accessory use
or f"loor area designed, intended or used for required off-street
parking to serve the principal dweiling; ;
d. The creation of the accessory apartment shall not reduce the �
number of existing parking spaces in the accessory structure
which are designed, intended or used for required off-street I
parking spaces to serve the principal dwelling; �
e. AIl existing and proposed off-street parking spaces shall comply
with the requirements for the location, layout, design and �
screening of off street parking spaces set forth in subsection
5.2.2 c. and in Section 11; i
f. T1ot more than one accessory structure on the lot may have an I
accessory apartment. There shall be not more than two dwelling I
units, one af which is the accessory apartment and the other is I
th2 principal dwelling, on the lot; '
g. The accessory apartment shall comply with all building , health �
and satety codes for a dwelling;
i
and further provided the Board of Appeals determines that:
The exterior appearance of the accessory structure maintains the
essential character of the purpose for which it was originally
constructed and is compatible with the principal dwelling on the
same lot and with other dwellings on adjoining lots: ��
5.2.7.2 SPECIAL CONDITION, EXISTING DWELLING UNIT IN ACCESSORY �,
STRUCTURE IN VIOLATION:. All dwelling units in accessory
structures in an RO or RS district which existed as of April l, 1988,
except those which are a lawful nonconforming use, or those which were
authorized by the granting of a special permit or a variance, are in
violation of the Zoning By-law.
Tne owner of each existing dwelling unit in an accessory structure in '
violation must apply to the building commissioner for a determination
of compliance with the provisions of subparagraph 5.7.2.1 and of the i
applicable conditions and requirements of subsection 5.2.2, before ;
. ----- ----- ---
-------------------- ----- -------- ---- - ---
1--
��:�
(ADJOURNED SESSION, A.T.M., CONT. - MAY 2, 1988) �� ,
January 1, 1990. The application for such determination and the
procedures followed shall be essentially the same as those set
forth in subsection 5.2.6 but shall differ as the context of an '
accessory apartment in an accessory structure shall require and the
effective date shall be January 1, 1990."
-----------------------------
�' 8:57 p.m. - Margaret Rawls, Pr. 4, presented a history of accessory
� ; apartments and her opposition to Article 41.
Mrs. Rawls made the following motion:
MOTION: Article 41 be amended by striking Part A2 of
the proposed motion and substituting in its place: ,
"In Subparagraph 5.2.2.a.6, which deals with the
maximum percentage of the floor area in dwellling Passed
that can be occupied by an accessory apartment, by see below
striking the subsection as it now appears in the
Zoning By-Law, and substituting a new subparagraph
5.2.2.a.6:
°The maximum gross floor area of the accessory
apartment shall not exceed the greater of 700 square
feet or 30 percent of the gross floor area of the
dwelling, excluding areas of the structure used for
parking. '"
Following a voice vote at 9:08 p.m. , the Moderator declared the
� amendment offered by Mrs. Rawls to have passed unanimously.
�`�
Following a voice vote at 9 :09 p.m. , the Moderator declared Article
41, Part A, as amended, to have been unanimously adopted.
41,A as amended
----------- see p.
Discussion continued on Article 41, Part B.
9:23 p.m. - Ma.rgaret Rawls, Pr.4, presented the following
amendment:
MOTION: that Article 41 be amended
1) in part B1, by striking the second paragraph,
which deals with allowing additions to houses built
before January 1 , 1983, on conforming lots, so they
may reach the 2000 sq. ft. threshold. The paragraph amend.
to be struck begins with the words "In the case of a passed
detached one-family dwelling in existence on January see p. 262
l, 1983, which did not, at that time, have 2000 sq.
ft. ---.
2) and by striking Part B2 in its entirety
- There was further discussion and explanation. '
—� �,.��.
,r.. '..
.���
(ADJOIIRNED SESSION, A.T.M., CONT. - MAY 2, 1988)
Following a voice vote at 9:31 p.m. which was in doubt, the
Moderator called for a Standing Vote which was tallied as follows_:
i
yes no
Precinct I��
1 5 11 ,
2 7 9 �� �
3 11 5
4 15 3 ,
5 11 6 ,
6 9 5
7 15 1 '
g 13 6
9 10 6
At large 9 10
Totals 105 62 '
9:36 p.m. - The Moderator declared the amendment offered by Mrs. ,
Rawls to have carried. '
9:37 p.m. - Margaret Rawls made the followbng motion:
MOTION: Article 41 be amended
In Part B1, by striking the third and last paragraph
which deals with allowing accessory apartments in passed
dwellings constructed after January 1 , 1983, I
including those to be constructed in the future. The see below
paragraph to be struck begins with the words, "In the ',� i
case of a detached one-family dwelling constructed � {,
.�r
after January 1, 1983, ---. '
And by inserting quotation marks at the end of
paragraph 1 of Part B1.
I
Following a voice vote a 9:37 p.m. , the Moderator declared I�
unanimous passage.
i
Discussion continued on Part B. I
Following a voice vote at 9:42, the Moderator declared unanimous ',
passage of Part B as amended. !
9:42 p.m. - David Williams moved that Section C be adopted.
Following a voice vote at 9:43 p.m. , the Moderator declared
unanimous passage of Part C. '
------------------ �
�� �
� � II
I�
�
I
------- --- --------- ---- --__ _-- —__
�—
2�3
(ADJOURNED SESSION, A.T.M., CONT. - MAY 2, 1988)
ARTICLE 43 - LOWELL STREET, RO to CD
MOTION: that Zoning By-Law of the Town be amended by
changing the zoning district designation of the land
on the northeasterly side of Lowell Street abutting passed
the Burlington/Lexington town line and the Middlesex see below
Mall containing 1.29 acres of land more or less as
.�_- more fully described in Article 43, from RO--ONE
FAMILY DWELLING DISTRICT to CD--PLANNED COMMERCIAL
DEVELOPMENT DISTRICT, all in accordance with a '
preliminary site development and use plan dated
January 11, 1988, as amended April 15, 1988.
9:44 p.m. - Presented by James Scanlon, Pr. 9, who asked the
Moderator to recognize Marc Wexler, Northland Investment, to
provide further information.
9:56 p.m. - Judith Uhrig, Planning Board, moved that the Report of
' the Board be accepted and placed on file.
Following a voice vote, the Moderator declared the Report to have
been accepted and placed on file.
9:56 - Julian Bussgang, Pr. 4, served Notice of Reconsideration on
Article 41, Part C.
9:57 - Planning Board indicated favorable action on Article 43.
There was further discussion.
10:16 p.m. - James McLaughlin, Pr. 8, moved the question.
- Following a voice vote, the Moderator declared the question to have
been moved.
FoZlowing a voice vote on Article 43 at 10:22 p.m. which was in
doubt, the Moderator called for a Standing Vote which was tallied
as follows:
Precinct Yes No
1 13 4
2 15 1
3 13 6
4 14 4
5 9 8
6 13 1
7 12 4
8 18 1
9 12 5
At large 17 3
Totals 136 37
10:25 p.m. - The Moderator declared Article 43 to have been
; adopted.
�
Ephraim Weiss, Pr. 5, served Notice of Reconsideration on Article
43.
Reconsideration did not
--------------------- prevail
see p. 276
���
(ADJOURNED SESSION, A.T.M. , CONT. - MAY 2, 1988)
�
ARTICLE 44 - RELEASE OF EASEMENT '
MOTION: That the Selectmen be and they hereby are �
authorized to release to Jay M. Hellman and Barbara ��
A. Hellman a six foot strip of land along and within passed
the boundary of a thirty foot sewer easement on the see below
lot owned by them at 33 Baskin Road for one dollar
and on such other terms as the Selectmen may I
determine. i
10:26 p.m. - Presented by Paul Marshall, Board of Selectmen.
There was discussion as to precedents being set and liability. �
10:39 p.m. - John Hayward, Pr. 5, moved the question. The I
Moderator declared the main question to be before the Meeting. ,
Following a voice vote at 10:39 p.m. , the Moderator ruled the
Motion offered by Mr. Marshall to have passed.
ARTICLE 45 - RESIDENTIAL IMPROVEMENT EXEMPTION
(To see if the Town will vote to accept Clause Fiftieth of i,
Section 5 of Chapter 59 of the General Laws relating to exemptions �I
for alterations or improvements to residential real estate; or act Indef. Postp.
in any other manner in relation thereto.) �
10:40 p.m. - Paul Marshall, Board of Selectmen, moved Indefinite
Postponement.
Following a voice vote at 10:40 p.m. , the Moderator ruled
Indefinite Postponement. I
----------------- i
I
ARTICLE 46 - HOME RULE PETITION, LIMITED TOWN MEETING ACT '
MOTION: That the Selectmen be and they hereby are �
authorized to petition the General Court for an act
to amend Chapter 215 of the Acts of 1929, as amended, passed i
to provide that precincts be apportioned by �
population and to make any other necessary changes. see below
10:41 p.m. - Presented by Paul Marshall, Board of Selectmen, who
explained that this is a "housekeeping" article. Although I
Lexington has in fact redistricted according to population, the Act �
reads "registered voter." This will correct the wording. Signed by ;
Governor i
Following a voice vote at 10:43 p.m. , the Moderator declared J�une 1:3, 19'89 �
unanimous passage.
-------------------------- �
10:43 - John Eddison, Board of Selectmen, moved adjournment to
Wednesday, May 4, at 8 p.m. , in Cary Hall. �
Following a voice vote at 10:43, the Moderator declared the Meeting �
to be ad'ourned until Wednesday, May 4, at 8 p.m. , in Cary Hall.
J
A true copy. '��
Attest: ~
Bernice H. Fallick, Town Clerk
�
2S5
ADJOURNED SESSION - 1988 ANNUAL TOWN MEETING
MAY 4, 1988
The meeting was called to order by Moderator Margery M. Battin at
„ 8:00 p.m. , in Cary Memorial Hall.
There were 178 Town Meeting Members present.
��
8:00 p.m. The invocation was offered by Reverend Arthur Kolsti, j
Pastor, Pilgrim Congregational Church, United Church of Christ. '
8:04 p.m. - The Moderator declared a formal recess. The Board of
Selectmen honored Margery Howard for her exemplary services at the
Cary Memorial Library.
8:08 p.m. - The Moderator called the Meeting to order.
-----------------
ARTICLE 2 - REPORTS
8:09 p.m. - Audrey Friend, Pr.4, told the Meeting of a special
simulation of Town Meeting to be held at Clarke Middle School on
May 10.
8:12 p.m. - Bruce Collier, Pr.8, thanked Erna Greene for her work
on the Town Report.
----------------
ARTICLE 36 - PINE MEADOWS GOLF COURSE
8:ll p.m. - Iris Wheaton, Pr. 7, moved that Article 36 be taken
from the table.
Following a voice vote at 8:18 p.m. , the Moderator stated that
Article 36 was before the Meeting.
MOTION: that the resolution printed in the 'IT�IA
letter to Town Meeting dated April 25, 1988 be
adopted. passed
see p. 266
RESOLUTION OFFERED UNDER ARTICLE 36:
BE IT RESOLVED that the Town Meeting, having voted in 1985 to
purchase the Pine Meadows land, and continuing to believe that at
least a large portion of it should be saved for town recreation and
conservation use, and believing that the town should have maximum
control over any development that takes place there, hereby
requests the Selectmen to pursue vigorously a solution that will
achieve such an end.
We request that the Selectmen cooperate fully in the preparation of
the feasibility study being conducted by consultants retained by
the town using the Conservation Fund.
, We further request that the Selectmen be ready, when a formal
• Notice of Intent to Change Use is filed, to present the Town
Meeting with one or more specific plans to acquire all or part of
the land, including any plans to recoup costs through partial
development. Finally, we request that they call a Special Town
Meeting in order to bring the matter before the Town Meeting for
consideration early enough within the 120 day period allotted by
Chapter 61B so there will be sufficient time for a townwide vote on
overriding Proposition 2 1/.Z or on excluding debt repayment from
its limitations, if the Town Meeting votes in favor of
acquisition.
���
(ADJOURNED SESSION, A.T.M., CONT. - MAY 4, 1988)
i
Discussion continued with visual presentations.
8:29 p.m. - Richard Niichelson made the following motion: �
�
MOTION: that ARTICLE 36 (RESOLUTION) delete all did not pass '
wording after "Chapter 61B" see below � ,,
:, �
i �Mr. Michelson stated his opposition to a 2 1/2 override.
�
Discussion continued.
Following a voice vote at 8:39 p.m. , the Moderator declared the '
amendment offered by Mr. Michelson not to have passed.
William Dailey, Board of Selectmen, stated that the Board supported
the spirit of the resolution, not necessarily the acquisition. He
also stated that when Mark Moore triggers 61B, a Special Town ,
Meeting will be called.
There was further discussion. �
9:00 - Brian Adley, Pr. 9, moved the question.
Following a voice vote, the Moderator stated that the main question
would be put. �
I
Following a voice vote at 9:00 p.m. , the Moderator declared that ;
the Resolution offered under Article 36 had been adopted.
9:01 p.m. - Judith Uhrig, Planning Board, moved that Article 39,
Section D, be taken up for Reconsideration. '
�
Eleanor Klauminzer, Planning Board, presented problems and � i
implications to the Weiss Amendment which had been passed on i
Article 39, Section D.
i
Ephraim Weiss, Pr. 5, stated the hope to work during the year with
the Planning Board for simplification. He supported
Reconsideration since Reconsideration would bring the law back to ;
what it was without the Planning Board Article, and then moving to �
Indefinitely Postpone would allow the time needed for further
work. �
Following a voice vote at 9:04 p.m. , the Moderator stated that '
Reconsideration passed. �
9:06 p.m. - Eleanor Klauminzer, Planning Board, moved Indefinite �
Postponement of Article 39, Section D. �,
Following a voice vote at 9:06 p.m. , the Moderator declared
Indefinite Postponement of Article 39, Section D.
-----------------
9:06 p.m. - Nyles Barnert, Minuteman School Committee, moved that
the Minuteman Regional School line item, Article 4, be moved from
the table.
Following a voice vote, the Moderator stated the line item of the II�
Minuteman Regional School to be before the Meeting. �,
i
�
----- --- --
- ---- --- --------------------—_ __---_ _
�----
26�
(ADJOURNED SESSION, A.T.M. , CONT. - MAY 4, 1988)
Mr. Barnert presented information and moved the following
resolution at 9:11 p.m. :
Article 4, regional school line item passed
MOTION: Add see below
"and that whereas the General Court and the Governor �
�", passed Chapter 731 of the Acts of 1987, the town
asks that the 35% aid floor for our vocational
__ education programs be properly funded in the fiscal
1989 state budget and that the Senate and House of '
Representatives adopt a resolution to this effect."
Michael 0'Sullivan, Appropriations Committee, voiced support.
Following a voice vote at 9:12 p.m. , the Moderator declared the
amendment to have passed.
Following a voice vote at 9:12 p.m. , the Moderator declared the
Regional Vocational Technical High School line item under Article
4, as amended, to have been adopted unanimously.
------------------------
ARTICLE 48 - HOME RULE PETITION, LONG TERM DISABILITY INSURANCE
MOTION: That the Selectmen be and they hereby are
authorized to petition the General Court for an act passed
to permit the Town to establish a plan for long term see below
disability insurance for town employees.
9:13 p.m. - Presented by Paul Marshall, Board of Selectmen.
- Following a�voice vote at 9:15 p.m. , the Moderator declared
unanimous adoption.
-----------------
ARTICLE 49 - HOME RULE PETITION - HISTORIC DISTRICT
(That the Selectmen be and they hereby are authorized
to petition the General Court for an act to amend
Chapter 447 of the Acts of 1956, as amended, to
provide for an historic district for those properties
which are not contiguous to existing historic
districts but which have located thereon structures
built prior to 1790, such properties being more
specifically listed in a memorandum filed with the Indefinite
Postpon.
Town Clerk.) see below
Dan Fenn, Pr. 3, moved Indefinite Postponement. The Moderator
recognized Roland Gubisch, Historical Commission, who provided
information. Mr. Fenn agreed with Mr. Gubisch that these areas are
tricky to protect and he welcomed participation to hammer out
solutions to protect houses and homeowners which could be presented
to Town Meeting next year.
Following a voice vote at 9:20 p.m., the Moderator ruled Indefinite
Postponement.
----------------
`���
(ADJOIIRNED SESSION, A.T.M., CONT. - MAY 4, 1988)
�
ARTICLE 51 - GENERAL BY-LAW - REFUSE SEPARATION '
MOTION: That Section 9 of Article VI of the General �
By-Laws of the Town of Lexington be amended as set passed '
forth in the article. see below
To see if the Town will vote to amend Section 9 of
Article VI of the General By-laws of the Town of �
Lexington by adding at the end of such section the Approved by the
following: "Such rules and regulations may require Atty. Gen.- "-'
the separation of designated recyclable material or July 28, 1988
materials from other refuse."; or act in any other
manner in relation thereto. '
9:21 p.m. - Presented by Jacquelyn Smith, Board of Selectmen.
g:2g p.m. - Katherine Fricker, Waste Management Task Force,
presented a review of recycling, followed by Richard Spiers, DPW. ,
Further discussion followed.
9:53 p.m. - William Fraser, Pr. 5, moved the question. !
I
Following a voice vote at 9:54 p.m. , the Moderator declared the I
main question to be before the Meeting. ;
Following a voice vote at 9:54 p.m. , the Moderator declared the {
motion to have been adopted.
;
ARTICLE 52 - GENERAL BY-LAW, NON-CRIMINAL DISPOSITION
MOTION: That the General By-Laws of the Town of
Lexington be amended as set forth in the motion filed �
with the Town Clerk. �
Motion as filed with the Town Clerk: I
That the General By-laws of the Town of Lexington be I
amended by adding a new Section 6 to Article 1 as �
follows: Passed
see p.271 '
Any by-law of the Town of Lexington or any rule or �
regulation of any town officer, board or department, i
the violation of which is subject to a specific i
penalty, may, in the discretion of the town official
who is the appropriate enforcing person, be enforced j
in the method provided in Section 21D of Chapter 40 �
Approved by the '
of the General Laws. Enforcing person as used in Atty. Gen. �
this by-law shall mean any regular police officer July 28, 1988
with respect to any offense; the Building
Commissioner, Health Director, Conservation �.
Administrator, and any such other official as the
Board of Selectmen may from time to time designate,
each with respect to violation of by-laws and rules '
and regulations within their respective '
jurisdictions. If more than one official has �
jurisdiction in a given case, any such official may �
be an enforcing person with respect thereto. !
Without intending to limit the generality of the I
foregoing, it is the intention of this by-law that
the following by-laws, rules and regulations are to
be included within the scope of this by-law, and that
the specific penalties as listed here shall apply in '
such cases:
�
- --____------ --- --- — ---------------- .
�--
���
(ADJOURNED SESSION, A.T.M. , CONT. - MAY 4, 1988)
Article XXV, Sections 4, 5, 6, 7, and 10
Use of Streets, Sidewalks and Public Places
Fine schedule: $25.00 per violation
Article XXV, Section 8
Digging of Streets, etc.
Fine schedule: $50.00 per violation
Article XXV, Sections 11, 12, 13, 14
y Snow, Water, and Ice -- Removal and Discharge
Fine schedule: $25.00 per violation '
Article XXV, Section 15
Unlawful discharge into sanitary sewer
Fine schedule: $50.00 per violation
Article XXV, Sections 17, 18, 19
Signs, Advertisements and Notices
Fine schedule: $25.00 per violation
Article XXV, Section 20
Def acing of Signs
Fine schedule: $25.00 per violation
Article XXV, Section 21
Names of Streets
Fine schedule: $25.00 per violation
Article XXV, Sections 22, 23
Dumping and Litter
Fine schedule: $50.00 per violation
, Article XXV, Section 23A
` Dumping and Litter (brooks and other waterways)
Fine schedule: $100.00 per violation
Article XXV, Section 24
Pollution of Fountains
Fine schedule: $50.00 per violation
Article XXV, Section 25
Protection of the Battle Green Rules and Regulations
Fine schedule: $50.00 per violation
Article XXV, Section 26
Injury to Public Plantings
Fine schedule: $50.00 per violation
Park and Recreational Facilities Regulations
Fine schedule: $50.00 per violation
Conservation Lands Regulations
Fine schedule: $50.00 per violation
Article XXVI, Sections l, 2, 3, 4, 5, 6
Public Conduct
Fine schedule: $50.00 per violation
_' Article XXVI, Section 7
Clean Indoor Air
Fine schedule: $50.00 per violation
Article XXVI, Section 8
Restriction of smoking in public places and
workplaces
Fine schedule: $25.00 per violation
n r'J(�
��' �� (ADJOURNED SESSION, A.T.M., CONT. - MAY 4, 1988)
Article XXVIII, Section 1 I
Disturbance by Animals �
Fine schedule: $50.00 per violation �
�
Article XXVIII, Sections 2, 3, 4, 5
Animals
Fine schedule: $50.00 per violation
Rules and Regulations Governing Hackney Carriages, � �
Taxicabs and Other Public Vehicles, for the Carrying j
of Passengers for Hire
Fine schedule: $20.00 per violation
Rules and Regulations for Hawkers and Peddlers �'
Fine schedule: $50.00 per violation
Rules and Regulations Regarding Public Cemeteries
Fine schedule: $25.00 per violation
Article XXX
Earth Fill and Removal '
Fine schedule: lst offense - $50.00
2nd offense - $100.00
3rd and subsequent offenses - $200.00
per violation
I
Article XXXII �
Wetlands Protection '�
Fine schedule: lst, 2nd, and 3rd offenses - $50.00
per violation
4th and subsequent offenses - $100.00
per violation '
Zoning By-Law
Fine schedule : lst offense - warning '
2nd offense - $50.00
3rd and subsequent offenses -
$100.00 per violation ;
REGULATIONS OF THE BOARD OF HEALTH
Chapter I Diseases li
Chapter II Milk Regulations
Chapter III Food Regulations
Chapter IV Nuisances
Chapter V Cesspools, Septic Tanks and Sewers ;
,
Chapter VI Ice
Chapter VII Keeping of Animals as Amended
Chapter VIII Slaughtering �
Chapter IX Offensive Trades, Occupations and �
Practices
Chapter X First Aid Appliances in Factories and �
Shops
Chapter XI Child Care Centers �
Chapter XII General Provisions ;
Chapter XIII Governing Bathing Places
Chapter XIV Rules and Regulations Governing the i
Practice of Massage
Chapter XV Bare Feet Regulations
i
Fine Schedule lst offense - $25.00 per violation �
2nd and subsequent offenses - $50.00 !
per violation
�
�
- - -------------------
—--1— — — —---------------------------
27�
(ADJOIIRNED SESSION, A.T.M. , CONT. - MAY 4, 1988)
Regulations Salad Tables
Temporary Food Service Establishments
Regulations for Use of Recombinant DNA
Molecule Technology
Restriction of Smoking in Food Service
Establishments
Permits and Permit Fees
.�_� Fine Schedule lst offense - $25.00 per violation
2nd and subsequent offenses - $50.00 ,
per violation
Discussion as to procedures and implementation followed.
- 10:18 p.m. - Bruce Collier, Pr. 3, moved the previous question.
Following a voice vote, the Moderator ruled that the main motion
was before the Meeting.
Following a voice vote at 10:18 p.m., the Moderator declared the
motion offered by Mr. Eddison to have passed.
------------------
ARTICLE 53 - GENERAL BY-LAW, DOGS
MOTION: To be furnished by the proponent. postponed
see p. 275
10:20 p.m. - Jacqueline Davison, Pr. 3, moved postponement to
Monday, May 9, at the request of Joan Cordell.
Following a voice vote at 10:21, the Moderator declared the Meeting
to be open on Article 53.
As Mrs. Davison presented the motion at 10:21 p.m., Arthur Smith,
Pr.2, rose to chastise Town Meeting for its lack of courtesy in not
extending to Mrs. Cordell the requested postponement. Mr. Smith
then moved postponement to Monday, May 9.
Discussion followed for and against postponement.
10:25 p.m. - Sharon MacDonald, Pr. 8, served Notice of
Reconsideration on Article 52. Reconsideration
did not prevail
10:27 p.m. - Motion to adjourn to Monday was made by Eric Clarke, see p.276
Pr.2.
Following a voice vote at 10:27 p.m. , the Moderator declared the
Meeting not adjourned.
Following a voice vote on postponement at 10:28 p.m. which was in
doubt, a Standing Vote was tallied as follows:
Precinct Yes No
1 6 9
, 2 13 0
i 3 17 1
" 4 14 4
S 12 4
6 6 10
7 14 1
8 5 12
9 8 4
At large 17 S
Totals 112 50
At 10:31 p.m. the Moderator declared Article 53 postponed until
Monday. •
���
. (ADJOURNED SESSION, A.T.M., CONT. - MAY 4, 1988)
ARTICLE 54 - TRANSFER OF SCHOOL SITE
MOTION: That this article be indefinitely postponed. j
Indef. Post. I
10:32 p.m. - Presented by John Eddison, Board of Selectmen. see below
Mr. Eddison declared that Town Meeting approval had been obtained
two years ago on this item. �
i�
Following a voice vote at 10:32 p.m. , the Moderator declared ; I
Article 54 to be Indefinitely Postponed unanimously. �
----------------
ARTICLE 55 - AFFORDABLE HOUSING ,
MOTION: That the report from the Board of Selectmen
and the Planning Board on the status of actions taken
to implement the Housing Resolution adopted under Postponed
Article 50 of the warrant for the 1987 Annual Town see p. 274
Meeting be accepted and placed on file.
10:33 p.m. - Presented by Paul Marshall, Board of Selectmen. I
As Mr. Marshall made the motion, Mr. Welch rose to suggest
postponement. There was continued discussion as to postponement ;
because of the hour. �,
10:35 p.m. - John Sackton, Pr. 2, moved to postpone Article 55. I'
�I
There was further discussion and debate concerning the order of �
business on Monday and Article 56. I'
10:40 p.m. - Sheldon Spector, Pr. 8, moved the question on �
�
postponement. '�
��
Following a voice vote on postponement at 10:42 p.m. , the Moderator
declared Article 55 postponed.
Robert Rotberg, Pr. 3, rose for a Point of Order: Motion to move �
the question, not the postponement of the article.
I
Following a voice vote on moving the question, the Moderator stated
the question to be before the Meeting. '
�
Following a voice vote on postponement, the Moderator declared �
Article 55 to be postponed.
I
I
-------------------- ;
10:42 p.m. - John Eddison, Board of Selectmen, moved that the
I
Meeting be adjourned until Monday, May 9, 1988, at 8 p.m. �
The Moderator declared the Meeting adjourned until Monday, May 9, �
1988, at 8 p.m. '
A true copy. � � i
Attest: S �
��1� `�� I
Bernice H. Fallick, Town Clerk � i
,
" {
__- —.—._---- ----------- -- - -----------------
�-------------
�73,
ADJOIIRNED SESSION - 1988 ANNUAL TOWN MEETING
MAY 9, 1988
The meeting was called to order by Moderator Margery M. Battin at
8:00 p.m. , in Cary Memorial Hall.
, There were 178 Town Meeting Members present.
_�: 8:00 p.m. The invocation was offered by Rabbi Bernard Eisenman,
Temple Emunah.
----------------
ARTICLE 2 - REPORTS
Jacquelyn Smith, Board of Selectmen, noted the success of the
Hazardous Waste Collection.
Eleanor K.l.auminzer, Planning Board, moved that the Report of the
Planning Board on Subsidized Housing be accepted and placed on
file.
Following a voice vote at 8:13 p.m. , the Moderator declared the
Report accepted and placed on file.
William Dailey, Board of Selectmen, announced that Notice of Intent
to convert usage on Pine Meadow had been received today.
�:
Ma.rgaret Rawls, Pine Meadow Committee, stated that the committee
had met and was working with the two consultants.
Mr. Dailey noted the plan for the Selectmen to meet with the Pine
Meadow Committee to consider options.
ARTICLE 56 - STUDY - MUNROE SCHOOL CONVERSION
Paul Marshall moved that Article 56 be taken up. Following a voice
vote at 8:18 p.m. , the Moderator declared Article 56 to be before
the meeting. Mrs. Battin stated that Article 56 would be divided
for voting purposes.
MOTION: That LexHAB be authorized to prepare a
feasibility study for the conversion of (a) the did not pass
Munroe School building and (b) the adjacent school see p. 274
site to affordable housing and that the results of
the study be presented to the 1989 Annual Town
Meeting.
8:18 p.m. - Presented by Paul Marshall, Board of Selectmen.
8:19 p.m. - William Hayes, Chairman, LexHAB, presented background.
��
LYI Lengthy discus,sion followed with comments on the Engler Report,
- questions as to policy on the value of current use, visual
presentations, statements from the Board of Selectmen, LexHAB, Town
Meeting Members, and members of the audience.
At 9:24 p.m. Nathan Becker, Pr. 1, made the following motion:
MOTION: that the motion under Article 56 be amended
to include the words, " ,to find an alternative
location for all the present tenants of the Munroe did not pass
School," between the words "affordable housing" (2nd see p. 274
line) and the word "and"
I �I ,'
�.��
(ADJOURNED SESSION, A.T.M. , CONT. - MAY 9, 1988)
�
9•29 p.m. - Vicky Schwartz, Pr. 3, moved the previous question.
Following a voice vote at 9:29 p.m. , the Moderator stated that the ;
main question would be put. �
Albert Zabin, Elaine Dratch, and Stan Finkelstein noted their
intent to abstain due to conflict of interest.
� ,
Following a voice vote at 9:30 p.m., the Moderator declared that , �
the amendment offered by Mr. Becker had not passed. ;
Following a voice vote at 9:34 p.m. on Part (a) , the Moderator '
ruled that it did not carry. j
Following a voice vote at 9:34 p.m. on Part (b) , the Moderator
ruled that it did not carry.
--------------------
ARTICLE 55 - AFFORDABLE HOUSING
MOTION: That the report from the Board of Selectmen ,
and the Planning Board on the status of actions taken
to implement the Housing Resolution adopted under assed
Article 50 of the warrant for the 1987 Annual Town Psee below
Meeting be accepted and placed on file. �
�
9 •36 p.m. - Presented by Paul Marshall, Board of Selectmen, who {
provided background information and stated that this is a report of
the Planning Board and Board of Selectmen. '
There was considerable discussion as to what is a resolution and �
what is a policy, school site availability, complying with Chapter
774. �
10•45 p.m. - Brian Adley, Pr. 9, moved the previous question. i
Following a voice vote at 10:45 p.m. , the Moderator stated the main �
question to be before the Meeting. j
Following a voice vote at 10:47 p.m. , the Moderator declared
unanimous vote to accept the report and place it on file.
John Eddison, Board of Selectmen, moved adjournment until
Wednesday, May 11, 1988, at 8 p.m. , in Cary Hall. ;
Following a voice vote at 10:48 p.m. , the Moderator declared the i
Meeting adjourned until Wednesday, May ll , 1988, at 8 P•m• �
�
A true copy. I
Attest: �
�
I
Bernice H. Fal ick, Town Clerk i
�
�� I''
�J I
'
�
�
�
�
---:- - -�
� � r-
, �
ADJOIIRNED SESSION - 1988 ANNIIAL TOWN MEETING
MAY 11, 1988
The meeting was called to order by Moderator Margery M. Battin at
8:00 p.m. , in Cary NIemorial Hall.
�--, There were 161 Town Meeting Members present.
;� 8:00 p.m. The invocation was offered by Reverend Polly Laughlin
`"� Guild, Follen Community Unitarian/Univeralist Church.
ARTICLE 57 - REAFFIRMATION, QUALITY EDUCATION
MOTION: That the Town reaffirm its commitment to
quality education as a major priority for Lexington.
8:06 p.m. - Presented by Jennie Oberholtzer, Pr. 7. passed
see below
There were further presentations in favor.
8:11 p.m. - William Frazer, Pr. 5, moved the question.
Following a voice vote at 8:11 p.m. , the Moderator ruled the main
question to be before the Meeting.
There was further presentation in favor.
Following a voice vote at 8:14 p.m. , the Moderator ruled unanimous
passage.
ARTICLE 58 - DISSOLVING COMMITTEES
MOTION: That the Hazardous Substance System Review
Committee and the Energy Committee be dissolved. passed
see below '
8:15 p.m. - Presented by John Eddison, Board of Selectmen.
Following a voice vote at 8:15 p.m. , the Moderator ruled unanimous
passage.
------------------
ARTICLE 53 - GENERAL BY-LAW, DOGS
MOTION from the Warrant: To see if the Town will
vote to amend the General By-Laws of the Town of
Lexington by adding a new Section 6 to Article XXVIII
as follows:
Section 6. It shall be the duty of each person
who owns, keeps, or controls a dog to remove and
dispose of any feces left by his or her dog on any did not
street, public place, or private property which is pass
not owned or occupied by the owner or keeper of such see p.276
__ dog.
MOTION: That the General By-Laws of the Town of
, Lexington be amended by adding a new Section 6 to
Article XXVIII as set forth in the article with the
addition of the following sentence at the end
thereof: this by-law shall not apply to a dog
accompanying any handicapped person who, by reason of
his or her handicap, is physically unable to comply
�,��
(ADJOURNED SESSION, A.T.M. , CONT. - MAY 11, 1988) ;
with the requirements hereof, or to any person who
utilizes a guide dog. '
I
8:16 p.m. - Presented by Jacqueline Davison, Pr. 3.
There was discussion with quotes from the Health Director and
Police Chief that indicated there to be no health hazard and that �` �
the legal means for enforcement already existed via the leash law. i
I
8:39 p.m. - Deborah Kearney, Pr. 7, moved the question.
Following a voice vote at 8:39 p.m. , and some discussion as to procedure,
t�ne Moderator ruled the main question to be before the Meeting. '
Following a voice vote at 8:40 p.m. , the Moderator declared the
Article not to have passed.
----------------
At 8:41 p.m. , Ephraim Ldeiss, Pr. 5, moved Reconsideration of
Article 43, Amend Zoning By-Law, Lowell Street, RO to CD. Reconsideration did
not prevail
Following a voice vote at 8:41 p.m. , the Moderator ruled that
Reconsideration did not prevail.
------------------ �
Norman Cohen assumed the role of Moderator. I
8:43 p.m. - Jeanette Webb, Pr. 7, moved Reconsideration of Article '�
34, Design Plan, Lexington Center, so that the following motion '
could be gresented• Reconsideration did
Article 34 be amended by adding the words: not prevail
"and that the Selectmen reserve an article in the '
�
1989 Warrant to give Town Meeting the opportunity to ; �
review the guidelines, three (3) copies of which �
shall be distributed to each precinct chairman at
least three (3) weeks prior to the beginning of the
1989 Annual Town Meeting." j
There was discussion for and against. John Eddison, Board of
Selectmen, indicated that the Selectmen would be responsive to ;
widespread involvement and feedback. �
Following a voice vote at 9:01 p.m. , the Moderator ruled that '
Reconsideration did not prevail. ;
I
------------------- i
Margery Battin resumed the role of Moderator. I
I
9:01 - Kathleen Kissel, Pr. 8, moved Reconsideration of Article
52, By-Law, Non-Criminal Disposition. Reconsideration did ,
not prevail
Following discussion and a voice vote at 9:10 p.m. , the Moderator
ruled that Reconsideration did not prevail.
-----------------
ARTICLE 59 - USE OF FUNDS TO REDUCE TAX RATE �- i
MOTION: That the sum of $2,425,471 be appropriated !
to reduce the tax levy for the fiscal year beginning passed �
July 1, 1988, and that such amount be transferred see below �
from the Unreserved Fund Balance. �
9:11 p.m. - Presented by John Eddison, Board of Selectmen. �
9:13 p.m. - Michael 0`Sullivan, Appropriations Committee, expressed '
favorable opinion. �'
Following a voice vote at 9:17 p.m. , the Moderator declared
unanimous passage. !
---------------------
�� Y
(ADJOURNED SESSION, A.T.M., CONT. - MAY 11, 1988)
9:18 p.m. - John Eddison, Board of Selectmen, moved Dissolution of
Town Meeting.
Following a voice vote at 9:18 p.m. , the Moderator declared the '
1988 Annual Town Meeting to be dissolved.
A true copy. `�
� Attest: . �
'7a�-��ci
Bernice H. Fallick, Town Clerk '
I
;
nn�
' ' 1988 SPECIAL TOWN MEETING
JULY 13, 1988
The meeting was called to order by Moderator Margery M. Battin at 8:01 p.m. , '
in Cary Memorial Hall. ,
There were 180 Town Meeting Members present, this number being sufficient to !
constitute a quorum (100) . �
8:02 p.m. - The invocation was offered by Reverend Brian S. Dixon, First
Baptist Church. � ,
8:04 p.m. - The Assistant Town Clerk, Mary Louise Herr, read the Warrant for ��.. ;
the Meeting until further reading was waived. � I
� i
8:04 p.m. - The Assistant Town Clerk read the Constable's Return of the
Warrant. �
8:05 p.m. - The Moderator gave basic and general rules of the meeting, ;
mentio.ned that Articles 2 and 3 would need a two-third vote to pass and o.ut-
lined the :ord.er of the presentations.
--------------------
ARTICLE 1 - REPORTS OF COMMITTEES
I
8:14 p.m. - Michael 0'Sullivan, Chairman of the Appropriation Committee,
stated an oral presentation would be ma.de later and moved that a copy of the
presentation report be accepted and placed on file.
I
$:15 p.m. - Following a voice vote, the Moderator decl:ared the report to have i
been accepted and placed on file.
ARTICLE 2 - MOTION: (a) That the Selectmen be authorized to purchase, under I
the authority of G.L.c.61B, or otherwise acquire for golf course,
recreation, conservation and other municipal purposes, (i) the ,
i
land shown as Lot 63 on Assessors' Property Map 66 and, (ii) the
land shown as Lot 64 on Assessors' Property Ma.p 66; i
(b) That $11,000,000 be appropriated for such land acquisition and �
that to raise such amount the Treasurer with the approval of the j
Selectmen be authorized to borrow $11,000,000 under G.L.c.44,s.7(3) ,
as amended; provided, however, that this vote shall not take effect
until the Town votes to exempt from the limitation on total taxes �
imposed by G.L.c.59,s.21C (Proposition 2 1/2) amounts required to I
pay the principal of and interest on the borrowing authorized by
this vote; '
(c) That the Selectmen or their designee be authorized to apply for, 1
accept, expend and borrow in anticipation of federal and state aid �
that may be available for the project; and 'i
(d) That the land acquired hereunder shall continue to .be us.ed. as a. i
�I
municipal golf course and be available to the �ublic during the �,
winter months for cross country skiing and other winter sports. '
8:15 p.m. - Presented by Jacquelyn Smith, Chairman of the Board of Selectmen. i
8:17 p.m. - Jacquelyn Smith e�plained the tax impact of the purchase, with view
graph. i
8:21 p.m. - Richard White, Town Manager, gave a review of the Towns' finances in i '
the future.
�I
$:29 p.m. - Jacquelyn Smith thanked the many people who worked on gathering the
informa.tion which will be presented to this �ozan meeting.
8:33 p.m. - Margaret Rawls, Chairman of the Pine Meadows Advisory Committee, '
presented background and the proposal of the Committee.
8:47 p.m. - Mr. Gary Larson, a landscape architect, spoke on the site analysis and i
presented slides.
_----------�
� - ----- --- _ .------
1988 SPECIAL TOWN MEETING JULY 13, 1988 2 7�
8:57 p.m. - Mr. Peter Nichols with The Bea1 Companies for the Pine Meadows
Committee presented the process dealing with the sale of land proposed under
Article 3 and reviewed the financial elements with a slide.
9:06 p.m. - Mr. Mark Moore for Moore Homes, Inc. spoke briefly, generally on the
imput received from all interested parties since the purchase of the land, He
introduced the people having worked on the presentation for Moore Homes.
- �9:08 p.m. - Mr. Frank Carney, Vice President of Moore Homes, Inc. presented the
Moore Homes, Inc. proposal. He mentioned providing a significant amount of open
space, maintaining a golf course, employing a cluster housing approach and in-
� creasing the supply of affordable housing, which were objectives established by
the Planning Board guidelines to Pine Meadows published in March of 1987. Meager-
t4 _� ville School Site land was included in the plan. Slides were shown and explained.
9:31 p.m. - Mr. Ma.rk Moore read a letter to the Selectmen, with respect to Article
4, outlining Moore Homes, Inc. commitment to the Town.
9:35 p.m. - Judith Uhrig, Chairma.n of the Planning Board, provided a focus on the
land use and planning issues involved in the choices.
9:42 p.m. --Robert Bowyer, Planning Director, presented the material in the infor-
ma.tion packet prepared for Town Meeting Members by the Planning Board.
10:01 p.m. - Michael 0'Sullivan, for the Appropriation Committee updated the
committees 1985 recommendations with five major points. He stated a majority of
the members of the Appropriation Committee reco�ended favorable action on
Article 2.
10:10 p.m. - Paul Hamburger, for the Capital Expenditures Committee, gave a report
of the committee. He stated the committee unanimously agreed. that voters should
have _the opportunity to e�ress themselves on this issue and also the unanimous
position of the committee that Article 2 should be passed.
10:10 p.m. - Paul Newma.n, Chairman of the School Committee, repo�ted on the im-
pact to the schools. He stated the School Conunittee ha;cl no position on the
;
advisability of purchasing the golf course.
_ ' 10:16 p.m. - William Spencer, pr. 6, Chairman of the Lexington Housing Authority,
stated that Article 2 di�- not in any way address the balance of open space and
affordable housing. He added that the Lexington Housing Authority had not taken a
formal position. He stated that he would vote no on Articles 2 and 3 if they were
not amended to provide for affordable housing.
10:19 p.m. - Joyce Miller, Chairman of the Conservation Commission, stated that
the commission supports Town ownership of the Pine Meadows land, and urged a vote
for acquisition.
10:22 p.m. - Renee Cochin, pr. 7, stated her intention to amend Article 3,
e�laining how it would read. .
10:29 p.m. - Albert Zabin, pr. 1, spoke in favor of Article 2, without joy, since
it did not address the issue of affordable housing,
10:34 p.m. - Robert Rotberg, pr. 3, commented on beginning the voting.
10:35 p.m. - Jacquelyn Smith expressed the position of John Eddison, of the Board
of Selectmen, who was not present, as '.in favor of indefinite postponement of
Article 4 and in favor of Article 3.
10:36 p.m. - Jacquelyn Smith remarked on her opposition to acquisition, mentioning
needs for other overrides of proposition 2 1/2.
� --I 10:44 m. - Mr. Alan Levine 54 Reed Street
P• , , pr. 8, as citizen and as President
of a Townwide grass roots organization Citizens for Lexington Conservation, urged
Town Meeting to allow citizens to approve purchase of the property.
10:45 p.m. - Mr. Larry Crowes spoke for the Coalition to Save Pine Meadows.
10:47 p.m. - Mr. Richard Eaton, 128 Emerson Gardens, Chairman of the Emerson
Gardens Tenants Association, spoke on affordable housing. He spoke in favor of the
Moore Homes, Inc. plan.
j�� 1988 SPECIAL TOWN MEETING JULY 13, 1988
10:55 p.m. - Judith Marshall, pr. 6, Chairman of the Recreation Conmmittee, stated �
that th.e co�mi.ttee indoxsed Article 3 and recommended a tasTOYable vote.
10:55 p.m. - Catherine Abbott, pr. 7, President of the League of Woman Voters,
urged a vote to acquire Pine Meadows conditioned on a vote to override proposition ,
2 1/2. i
10:56 p.m. - Robert Whitman, pr. 7, questioned if in the future there could be �
reconsideration of the uses of the land if Article 2 was adopted. He asked if the
motion was vague in its restrictions. �
�.
10:57 p.m. - Norman Cohen, Town Counsel, answered that the wording of the motion I� I
ma.y appear vague to Mr. Whitman but that to him the wording appeared to be I ;
flexible. �
10:58 p.m. - Paul Marshall, Board of Selectmen, spoke in favor of Article 2. �
11:02 p.m. - Carolyn Tiffany, pr. 8 and James Barry, pr. 1, also spoke in favor �
of Article 2.
11:06 p.m. - Patricia McLaughlin, pr. 4, stated that she would not support
purchase. '
11:10 p.m. - Sam Silverman, pr. 5 and David Radlo, pr. l, mentioned negative
points of the options presented to the meeting. ��
11:15 p.m. - Mrs. Joanne Fray, 2361A Ma.ssachusetts Avenue, pr. 8, spoke on
revenue and taxation mentioning the value of the land around open space land. '
She asked to be able to vote on the spending of the money and the preserving of ��
the space. i
11:19 p.m. - Mrs. Rita Glover, 107 Cedar Street, pr. 8, spoke of traffic con- i
eern with development.
i
11:20 p.m. - James McLaughlin, pr. 8, moved the question.
Following a voice vote, the Moderator declared the question to have been moved. i i
� �
11:23 p.m. - A request was made for a roll call vote. �
Following a call by the Moderator for fifty Town Meeting Members wishing a roll �
call vote to stand, the Moderator not having counted fifty members declared it i
would be a standing vote rather than a roll call vote as requested.
11:24 p.m. - Eugene Lee, pr. 5, moved to adjourn until Thursday, July 14, 1988, i
at 8 p.m. , in Cary Hall.
Following a voice vote, the Moderator declared the meeting not adjourned. !
11:24 p.m. - Jacquelyn Smith did not wish to use the ten minutes of time re- �
maining to her. � I
The Moderator called for a standing vote which was tallied as follows: �
Precinct Yes No
1 11 9 �
2 12 5 �
3 11 7 �
4 16 2
5 10 7 - �,
6 13 6 '
7 12 4 i
8 16 4 '
9 13 5
At large 11 5
----- ----- �
Totals 125 54 �
i
11:30 p.m. - The Moderator declared the motion carried by more than the two-thirds
required.
--------------------
I
_----- ------- ---- ---- '- --- ------- - _
�
1988 S•�•ECIAL TOWN MEETING JULY 13, 1988 ��i
ARTICLE 3 - MOTION: That this article be indefinitely postponed.
11:30 p.m. - Presented by Jacquelyn Smith, Chairman of the Board of Selectmen.
11:31 p.m. - The Moderator declared indefinite postponement following a voice
vote.
ARTICLE 4 - MOTION: That this article be indefinitely postponed.
11:31 p.m. - Presented by Jacquelyn Smith, Chairma.n of the Board of Selectmen.
11:32 p.m. - 2't�e Moderator declared indefinite postponement following a voice
vote.
11:32 p.m. - Jacquelyn Smith, .Chairman of the Board of Selectmen moved
dissolution of the Town Meeting.
11:32 p.m. - The Moderator declared the Special Town Meeting to be dissolved
follo*wing a voice vote.
A true copy.
Attest:
Mary Louis H rr,� Assistant Town Clerk
i
���
i
I�
I,---.� �
;� �
I
i
i.
�
{
�
;
,
,
;
�
i
i
�
1
i
i
i
�
i
I
�
i
_--- � _ - __
��J
-
(WARRANT FOR SPECIAL TOWN ELECTION — SEE WARRANT FILE)
SPECIAL TOWN ELECTION - AUGUST 17 , 1988
In pursuance of the foregoing parrant the legal voters of
the Town of Lexington met in their respective voting places in
said Town of Lexington on Wednesday, August 17 , 1988 , at 7 a.m.
The following places wer,e designat,ed as the voting places
for the various precincts : ,Precinc:t , One , Harrington. ,School;
Precinct Two , Bowman School ; Precinct Three , Jonas Clarke Middle
School; Precinct Four , Lexington Senior High School ; Precinrt
i Five , Cary Memorial Building ; Precinct Six, William Diamond
; Middle School ; Precinct Seven, Joseph Estabrook School ; Precinct
_._r Eight , Central Fire Station; Precinct Nine , Maria Hastings
School .
The Election Officers of the various precincts were assigned
for duty as follows :
Precinct One
Warden D Eileen Fradette
Clerk R Elinor Vasallo
Inspector D Grace Campbell
Inspector D George Kalafatis
Inspector D Viola Pike
Precinct Two
Warden D Elizabeth Clark '
Clerk D Donna Alexson
Inspector R Kenneth Smith
Inspector R Lois Smith -
Inspector D Robert Blouin �
Inspector D Margaret Blouinl
j _ _. _ . ,. _. ._. _ _ � � _ _. __.
-- Precinct Three
Warden D Marjorie Modoono
Clerk R Mildred Cronin
Inspector D Alice Hopkins
Inspector D Marguerite Cronin
Inspector R Lillian Drury
Precinct Four
Warden R Dorothy Boggia
Clerk R Richard F. Crawford
Inspector R Thomas Youngren
Inspector R Raymond Flynn
Inspector D Ruth Hamlin
Inspector U Marlis Schratter
Precinct Five
Warden D Gexald Abegg
;,Clerk ; R Elizabeth Flynn
Inspector R Dorothy Gauthier
�' _. __Inspector.,.._._ D.. . Marcia_ Cormier
Inspector U Helen Euart
���
.
(Special Town Election , August 17 , 1988 , cont .)
Precinct Six `
Ward"e.n ` D Cornelius Cronin ` `
Clerk R EveTyn Belbin ,
Inspector R Rachel Higgins �
Inspector D Mary Casey '
Inspector D Irene Cormier �
Inspector R Judith Goldman
Precinct Seven � i
; �
" I
Warden R Estelle Szalajeski '
Clerk D Alice Coletta i
Inspector U Nancy Lou Hayes
Inspector D Marcie Theriault
Inspector D Mary G. Faulkingham
Inspector U Melvin Aronson
Precinct Eight
Warden D Catherine Jones
Clerk U Frank Samuel � !
Inspector D Stella Laurendeau '
Inspector R Elizabeth Sinclair
Inspector D Martha Zani
Inspector R Blanche Johnson i
Inspector U Alma Ballotta
�
Precinct Nine
Warden U John Taylor �
_ Clerk R Carole Scalise '
Inspector D Edward Donnelly
Inspector R William Simmons �,,
Inspector R Barbara Schmickley � �'
�J
The election officers were sworn to the faithful performance
of their duties .
The polls were declared open in each precinct at 7 a .m. and
remained open until 8 p .m. , at which time , after due notice , they �
were declared closed .
The total number of registered voters in each precinct �
eligible to vote as of July 28 , 1988 , is as follows : ;
,
PRECINCT REGISTERED DEMOCRATIC REPUBLICAN UNENROLLED �
VOTERS I
I
1 1857 1028 351 478 �
2 2063 1207 337 519 I
3 1836 914 - 347 575
4 2071 1060 449 562
5 2081 1047 407 627 �
6 2048 1026 479 543
7 2053 - 1085 391 577
8 2104 961 458 685 � �
9 1879 905 398 576 �
I�� I
-------- --------- --------- ------
TOTALS 17992 9233 3617 5142
I
I
- ------- -- _—__---- _ ___—_
�
��l
SPECIAL TOWN ELECTION - AUGUST 17, 1988
ABSENTEE BALLOT BREAKDOWN
APPLICATIONS BALLOTS BALLOTS RETURNED
PRECINCT PROCESSED RETURNED UNUSED TOO LATE
VOTED BY MAIL - (Excluding Certified Permanently Disabled)
1 33 33 - -
2 50 44 3 2 '
� 3 30 28 2 -
� 4 41 37 4 -
✓ 5 41 _ 32 9 -
� 6 39 34 . 5 _
. 7 32 28 3 1
_ 8 46 �41 4 1
9 30 ' 28 1 1
TOTAL 342 305 31 5
(1 kallot rejected as defective)
VOTED BY MAIL - Certified Permanently Disabled�
1 5 4 1
2 1 1 -
3 1 1 -
4 _ _ _
5 4 2 2 .
6 3 3 -
7 1 1 -
8 1 1 _
9 2 1 ' 1
*� TOTAL 18 14 4 0
� I�
�.;
VOTED IN PERSON OVER THE COUNTER
7- 44 44 -
2 102 101 1
3 64 64 -
4 1I.7 117 -
5 83 g3 _
6 I17 117 - .
7 115 114 1
8 125 125 -
9 79 79 -
TOTAL 846 84q 2 p
NON-REGISTERED VOTERS - VOTED BY MAIL
1 1 _ 1
4 2 _ 2
5 2 1 1
8 2 - 2
i 9 1 _
;,�,,. 1.
TOTAL 8 1 7 0
FINAL TOTAL 1214 1164 44 5
���
( Special Town Election - August 17 , 1988)
Recap sheets were delivered to the Board of Registrars in
the Comptroller ' s Office .
�
The Town Clerk and the members of the Board of Registrars �
canvassed the results as follows : I
PRECINCT Machine votes Absentee Ballots �
Yes No Blanks Yes No Blanks '
. �
!� �
'� �
1 389 � 553 13 35 46
2 482 479 8 94 50 2 i
3 409 471 6 66 27
4 556 519 7 105 49
5 484 607 6 61 56
6 572 536 117 37
7 599 509 96 47
8 901 457 129 38
9 485 481 20 63 45
Totals 4877 4612 60 766 395 2 ;
Total yes - 5643 Total blanks - 62 '
Total no - 5007 Total votes cast - 10,702 �
�
59 . 19% of the eligible registered voters cast their vote . i
A true copy. ',
Attest : �
� `
i
� I
Bernice H. Fallick, Town Clerk � i
�
i
QUESTION 1 Shall the town of Lexington be allowed to exempt from the
provisions of proposition two and one-half, so-called, the ,
amounts required to pay for the bonds to be issued in order
to purchase (i) the land shown as Lot 63 on Assessors'
Property Map 66 and (ii) the land shown as Lot 64 on
Assessors' Property Map 66, which bonds were authorized by
a vote passed at the July 13, 1988 special town meeting?
1
I
�
�
'
�
;
r-� �
� �
' �
i
_---- ----------------------
� --_--- -------
2�'7
.
(WARRANT FOR STATE PRIMARIES ELECTION - SEE WARRANT FILE)
STATE PRIMARIES ELECTION - SEPTEMBER 15 , 1988
In pursuance of the foregoing warrant the legal voters of
the Town of Lexington met in their respective voting places in
said Town of Lexington on Thursday, September 15 , 1988 , at, 7 a.m.
The following places were designated as the voitng places
for the various precincts : Precinct One , Harrington School;
Precinct Two , Bowman School ; Precinct Three , Jonas Clarke. Middle
School ; Precinct Four , Lexington Senior High School ; Precinct
, Five , Cary Memorial Building ; Precinct Six, William Diamond
' Middle School ; Precinct Seven, Joseph Estabrook School ; Precinct
" Eight , Central Fire Station; Precinct Nine , Maria Hastings
School .
The Election Officers of the various precincts were assigned
for duty as follows :
Precinct One
Warden Eileen Fradette
Clerk Elinor Vassallo
Inspector Anne Williamson
Inspector Audrey Frazer
Inspector Gloria Collins
Inspector Robert Trask
Inspector Priscilla Winter
Precinct Two
Warden Elizabeth Clarke
Clerk Donna Alexson
Inspector Margaret Blouin
- Inspector Kenneth Smith
r---- Inspector Lois Smith
I ! Inspector Rachel Higgins
C
`"- Precinct Three
Warden Marjorie Modoono
Clerk Mildred Cronin
Inspector Alice Hopkins
Inspector Marguerite Cronin
Inspector Lillian Drury
_ Inspector Gwendolyn Cram
Inspector Seymour Mandel
Precinct Four
Warden Gulli Kula
Clerk Richard Crawford
Inspector Ruth Hamlin
Inspector Raymond Flynn
Inspector Loretto Tucker
Inspector Alfred Mattes
Inspector Eleanor Mattes
Precinct Five
Warden Elizabeth Flynn
�� Clerk Dorothy Gauthier
�_ ' Inspector Marcia Cormier
Inspector Martha Zani
Inspector Josephine Luther
Inspector William Casey
Inspector Barbara Davis
�R�
ite Primaries Election , September 15 , 1988 , cont .)
Precinct Six
Warden Cornelius Cronin
Clerk Gerald Abegg
Inspector Barbara Wachman i
Inspector Mary Cushman ,
Inspector Mary Casey �
Inspector Judith Goldman '
Inspector Barbara Schmickley
Inspector Helen Euart �
� ,
�
� i
Precinct Seven ' �
Warden A. Estelle Szalajeski I
Clerk Nancy Lou Hayes �
Inspector Helen MacDonald
Inspector Gail Faulkingham
Inspector Miriam Miller
Inspector Patricia Needham
Inspector Clark Cowan
Precinct Eight �
Warden Catherine Jones
Clerk . Frank Samuel
Inspector Blanche Johnson �
Inspector Stella Laurendeau '
Inspector Alma Ballota j
Inspector Elizabeth Sinclair '
Inspector Olive Samuel '
Precinct Nine '
Warden Dorothy Boggia
Clerk Carole Scalise � I
Inspector Edward Donnelly '
Inspector Elizabeth Snell
Inspector Janet Lowther j
Inspector Ellen 0' Connell '
The election officers were sworn to the faithful performance
:heir duties . i
The polls were declare3 open in each precinct at 7 a .m . and �
iined open until 8 p .m. , at which time , after due notice , they
� declared closed . �
The total number of registered voters in each precinct I
;'ible to vote as of August 18 , 1988 , is as follows :
:INCT REGISTERED DEMOCRATIC REPUBLICAN UNENROLLED ;
VOTERS
1 1900 1035 357 508 I
2 2114 1218 344 552 i
3 1870 919 352 599
4 2113 1068 453 592
5 2144 1062 411 671 '� �
6 2088 1031 486 571 ,I '
7 2101 1097 396 608
8 2155 981 462 712
9 1939 920 398 621
-------- --------- --------- ------
�LS 18424 9331 3659 5434 ,
i
���"
(State Primaries Election, September 15 , 1988 , cont . )
Recap sheets were delivered to the Board of Registrars in
the Comptroller ' s Office.
10% of the registered voters voted.
The Town Clerk and the members of the Board of Registrars
canvassed the results as follows :
�
D;�:'<GG�'�'���C �:�i��I' .
TaWN WIDE TALIY FOR: SE?PRIMDEM ELECTICNS PA..iVTED ON: 15-SEP-88
HELD ON: 15-SEP-88 VOTE CCGNT REPCRT
TOTAIS PR1 PR2 PR3 PR4 PRS PR6 PR7 PR8 PR9
VOTE COI,NT: 1443 163 162 . 153 158 182 175 158 1b7 125
SENATCR IN CCNGRESS
EDWARD M. KENNEDY 1185 12S 134 123 133 138 1:4 132 139 104
OLI�ER NORTH 1 1
-�LANKS 257 3�+ 23 • 30 25 44 21 25 2F3 21
REPRESENTATIVE IN CON6RES5
' EDWARD J. RARK�Y 1133 123 l24 117 134 138 141 12i 132 100
-t3LANK5 31G 40 3•9 3b 24 44 34 ?4 35 25
CCUNCILICR
JOSEPH A. LANGCNEr TII 534 54 61 67 63 62 64 54 62 47
ROBfRT W. CCLLINS 5E2 74 62 47 64 84 68 63 69 51
-BLANKS 327 35 39 t9 31 36 43 41 36 27
SENATOR IN GENERAL CCI:�T
RILNARG A. KRAUS 1105 130 119 109 121 131 14C 127 129 99
-eLANKS 338 33 43 44 37 51 35 31 38 26
FEPRE5ENTATIVE I� GEN5P.Al CCURT
STEPHEN W. OOR�N 12C7 136 130 1Z2 134 148 15Z 1?7 140 10$
-6LANKS 23b 27 32 31 24 34 23 21 27 17
CLERK OF COURTS
EDWARD J. S�LLIV�k 878 111 103 94 92 108 95 89 107 79
-9LANKS 565 5Z S9 59 6b 74 SC b9 60 46
PEGISTER OF OEEDS
JOScPM L. BRADLfY 217 li3 29 Z2 74 3'! 25 21 30 Z7
EUGENE C. EHUNE 3S4 39 34 39 55 44 68 44 36 30
JANET T. DEVER 537 67 54 E4 63 77 49 56 65 42
THCMAS H. FAL�ON 1Q1 18 17 6 10 10 8 11 11 10
-CIANKS 1S4 Z1 23 22 16 20 25 26 25 16
CCUNTY CONMISSIOkEp
THOMAS J. LARKIN 789 83 79 78 99 99 94 97 97 63
MATTHEW DO�AHUE 534 h0 77 60 62 64 55 53 59 44
EDWARD J. KENNECY.JR. 437 50 49 47 41 58 4S 49 54 47
JOSEPH R. f+ACAlUSO 3C4 45 25 29 30 47 37 32 35 24
� -BLANKS 8ZZ 83 94 �i2 84 96 116 85 89 78
TREASURER
JAMES E. FAHEY. JR. 3S�C 110 103 89 90 115 96 93 109 82
-EIANKS 555 53 59 64 68 6b 79 65 58 43
`�����,.- �,
;���t,'n:,:.��.iv ifr:�:�Y
TOWN MIDE TAIIY FCR; SEPPRIMREP EIECTIONS PRINTED ON: 15�SEP-88 -
HELD ON: 15-SEP-a8 VOTE tOUNF REPaRT �
TOTALS PR9 PRZ PR3 PR4 PR5 PR6 PR7 PR8 PR9
VOTE COUNT: 458 41 41 53 39 52 60 45 79 48 I
SENATOR IN CaNGRESS �
J05EPH D. f+ALONE �32 40 40 50 36 4T 58 43 75 43
-ELpNKS �6 '9 'B 3 3 5 2 a b 5
REPiiESENTATIVE IN CONGRcSS i
STEIIEN D CCLE � 1 _ ,
EDWARD MARKEY � 1
-�IANKS 456 41 41 53 39 S'i 6C 45 78 48 i
CCUNCILICR
VINCENT J. NANCANELLO 387 38 3'� 41 32 47 53 40 65 40
-BLANKS 71 3 1U 12 7 5 7 S 14 t3
SENATCR IN GENERAL tCI:�T
M14RK B. VAFIADES 475 38 39 47 33 50 56 ?9 68 45
-dLANKS • 43 3 2 6. 6 2 4 6 11 3
REPRESENTATIUE IN GENERAL COURY -
LINCOLN P. LCLf ' 1 i
S DCRAN � �
-BLANKS 456 41 41 53 39 51 6C 45 78 48
CLERK OF COURTS �
KAREN HALSTEAD y � �
EDWARD SU�IIVAR ' �
REGISTER OF DEEDS '
-4�lANKS GSb 41 41 53 39 51 6C 45 78 43 �I
PEGISTER Of DEEDS. ;
GORDON OSGGCD � � � �
JANE4 DEVER � 1
-EtIANKS 456 61 41 53 39 51 6C 45 78 4g I'
COUNTY COrMISSIOM1ER '
LINCOLIv P. COI.E � . ,� �
DONNA CCIE } ,� i
THCI�AS LARKIN ' ,� ,
JOSEPH rACpIUSC 1 � � I
-dLANKS 912 02 8Z 106 7$ 102 1ZC 9l7 156 96 � �
YREASURER I
STEYEN D. CGL: 1 1 i
JAMES FAHEY JR, 1 '
-eIANKS 456 41 41 53 39 51 60 45 78 48
�
�
�
;
,
. I
�
'� �
_ I,
----- --------
— ------__ _ �.___------- -
.
29� '
ABSENTEE BALLOT BREAKDOWN
STATE PRIMARY
SEPTEMBER 15, 1988
APPLICATIONS BALLOTS BALLOTS RETURNED
PRECINCT PROCESSED RETURNED UNUSED TOO LATE
VOTED BY MAIL
(Excluding Certified Permanently Disabled)
� R D R D R D R D
1 1 4 - 1 1 3 - -
2 1 3 - 1 1 2 - -
3 - 9 - 1 - 7 - 1
4 1 6 - 1 1 3 - 2
5 ' ' 1 7 1 - - 6 - 1
6 - . 10 - 5 - 5 - -
7 2 9 - 4 2 5 - -
8 1 5 1 4 - 1 - -
9 2 2 - 1 2 1 - -
Total g 5� 2 18 7 33 0 4
VOTED BY MAIL
(Certified Permanently Disabled)
1 2 2 1 2 1 - - -
z 1 _ 1 _ _ _ _ _
3 ' 1 ' - � 1 - -
5 ' 4 - 2 - 2 - -
� - 1 - - - - - 1
s - 1 ' 1 - - - -
� 9 1 1 1 - - 1 - _
Total 4 10 3 5 1 4 i
VOTED IN PERSON OVER THE COUNTER
1 ' 2 - 2
2 - 2 _ 2
� 1 1 1 1
4 _ 2 _ 2
5 1 1 1 1
6 - ' - -
� 2 - 2 -
8 1 _ 1 _
9 1 _ 1 _
Total 6 8 6 g
NON-REGISTERED VOTERS - VOTED BY MAIL
1 _ 1 _ _ _ 1
2 _ 2 _ _ _ 2
4 _ 2 _ _ _
9 1 2
_ _ - - 1
�_� — — — — —
Total 0 6 0 0 0 6
TOTALS 19 79 11 31 8 43 0 5
A true copy.
Attest: � � ,
1
Bernice H. Fallick, Town Clerk
���
.,i�
({�ARRANT FOR STATE [& PRESIDENTIAL] ELECTION - SEE WARRANT FILE)
STATE ELECTION - NOVEMBER 8 , 1988
,
In pursuance of the foregoing warrant the legal �
voters of the Town of Lexington met in their respective
voting places in said Town of Lexington on Tuesday , �
November 8 , 1988 , at 7 a .m .
The following places were designated as the voting � �
places for the various precincts : Precinct One , � �
Harrington School ; Precinct Two , Bowman School ; I
Precinct Three , Jonas Clarke Middle School ; Precinct
Four , Lexington Senior High School ; Precinct Five , Cary
Memorial Building ; Precinct Six , William Diamond
Middle School ; Precinct Seven , Joseph Estabrook School ;
Precinct Eight , Central Fire Station; Precinct Nine ,
Maria Hastings School .
The Election Officers of the various precincts ,
were assigned for duty as follows :
Precinct One
��
Warden Eileen Fradette
Clerk Elinor Vassallo
Inspector Virginia Warner
Inspector George Kalafatis ,
Inspector Ann Williamson �
Inspector Viola Pike �
Inspector Grace Campbell
Inspector Audrey Frazer
I
Precinct Two
I
Warden Elizabeth Clarke
Clerk Donna Alexson
Inspector Margaret Blouin ,
Inspector Priscilla Winter �
Inspector Owen Lafley �
Inspector Lois Smith !
Inspector William Simmons
Inspector Kenneth Smith
Precinct Three
�
Warden Marjorie Modoono j
Clerk Mildred Cronin �
Inspector Helen Euart �
Inspector Grace Flewelling �
Inspector Anne Flaherty j
Inspector Alice Hopkins �
Inspector Gwendolyn Cram
Inspector Marguerite Cronin
Precinct Four �
i
Warden Gulli Kula
Clerk Richard Crawford I
Inspector Raymond Flynn ! �
Inspector Ruth Elaine Hamlin i I
Inspector M. Loretto Tucker �
Inspector Evelyn Youngren �
Inspector Alfred Mattes '
Inspector Eleanor Mattes
I�
----- ------- -- — - -- --------- -------------- ---
�---
���
( State [and Presidential ] Election , November 8 , 1988 , cont . )
Precinct Five
Warden Gerald Abegg
Clerk Winifred Ivester
Inspector Elizabeth Flynn
Inspector Martha Zani
Inspector William Case
Inspector Josephine Luther
Inspector Irene Cormier
Inspector porothy Gauthier
Precinct Six
Warden Cornelius Cronin
Clerk Dorothy Boggia
Inspector Barbara Wachman
Inspector 3udith Goldman �
Inspector Rachel Higgins
Inspector Evelyn Belbin
Inspector Mary Casey
Inspector Albert Brown/J . Elaine Brown
Precinct Seven
Warden A. Estelle Szalajeski
Clerk � Nancy Lou Hayes
Inspector Patricia Needham
Inspector Miriam Miller
Inspector Nicholas Hay
Inspector Clark Cowen
Inspector Alice Coletta
Inspector Helen MacDonald
i Precinct Eight
' Warden Catherine Jones
Clerk Frank Samuel
Inspector Stella Laurendeau
Inspector Blanche Johnson
Inspector Olive Samuel
Inspector Florence Murray .
Inspector Alma Ballota
Inspector Elizabeth Sinclair
Precinct Nine
Warden John Taylor
Clerk Carole Scalise
Inspector Janet Lowther
Inspector Robert Trask
Inspecto Ellen 0' Connell
Inspector Barbara Davis
Inspector Mary Cushman
Inspector William Murphy
The election officers were sworn to the faithful
performance of their duties .
�` The polls were declared open in each precinct at 7
�, ' a .m . and remained open until 8 p .m . , at which time ,
after due notice , they were declared closed .
���'
� ( State [and PresidentialJ Election , November 8 , 1988 , cont . )
The �otal number of regis'terea voters in each �
precinct eligible to vote as of October 11 , 1988 , is as
followse '
PRECINCT itEGISTERED DEMOCRATIC REPUBLICAN UNENROLLED
i10TERS
I..�. I
i 2066 1072 394 600 ;
Z 2294 1266 378 650 �
3 2070 991 392 687
4 2291 1139 477 675
5 2332 1098 439 795
6 2224 1067 516 641
7 2254 1139 423 692
8 2285 1006 491 788
9 2148 989 441 718
TOTALS 19964 9767 3951 6246 �',
Recap sheets were delivered to the Board of
Registrars in the Comptroller ' s Officee i
The Town Clerk and the members of the �oard
of Registrars canvassed the results as returns were '
made on Election Night ; and in accordance with the law,
those Overseas Absentee Ballots which bore postmarks of �!
November 8 and were received by November 18th at 5 �
p .m. , were tallied on November 18th . �
�
90% of the registered voters cast their ballot .
The results follow: i
i
�
�
i
I
_ �
i
� I
!
� � Tawn Widv tally tor.: prvsstativ elec`ion�• . PRINTED ON: Zl-Nov-88 � " 2 9 5
••hsld on: 8-nov-88 VoO�•�coun� rRport
� •-^ -�� - '• ^�^ - � Totsls PRl PRZ PR3 PR4 PRS PR6' YR7' PR8 AR9
' """""""'Vot• 'count:'" ""'" " ""17967' '183� 2079 1870 2073'Z087'Z018"ZOZ3'�041 19�0
DUES!ION' 1�" PAYBA I88. . ... . . . ..• .."."' " .. ' ". "'
Y�s 42B3 3BG 547 422 6G8 �63 316 510 466 405
No � • • 1Z4GZ 1324 1394 1337 135Z 1�33 1380 1408 1431 1403
-81a�ks 11aZ la� 138 111 153 191 lZZ 107 1�4 131
........ . _ .. ...,.. .._....'._. .__ . . .._. . . ._.......... .. . . ........,.»...... ....__.»._».........
QUBStION Z� UNjON WA08 ' • • �
Y�s..,�• •- ----•-•�- • •---8815 80S 912 9�8 103Z 3065 1080 •1031- 970 9GZ
No � ' 7991 9Z0 1031 83Z 885 873 8G1 887 937 82�
-8lsnks�•• •• ••-••�• •-- ��:-- • •- �-1161 109 la6 90 156 149• 137�• 10� • 134 1�3
. . e. .
QUBSTION 3�' •FARM �AN•IMALS . ` . .._ . . . .- .� .. - ... . .
� �Y�s �• . ' 4017 415 4G3 439 478 S26 408 �50 425 413
� No •-••-•••� ••----- •�••• •--•- • :1Z8S6 1185 1505 1327 3�56 1��5 1�88�1�65-1488 1397
• -Slanks ' . 109� 134 111 ., 104 139� 116 11Z • 110 lZ8 130
QUBSSION 4� NUCLBAR POWBR
Y�s-•••^�•'•• �'��� '�•^'�' ' � • 4819 ' 481 572 506 57Z 564 539 536 564• 485 '
No � 1a182 1238 1407 la7G 1373, 1399 137G 1398 1371 1344
'-Sl�nks'�':.�"'�'—� ' " ' 96G. 11S 100• 88 lZ6 lZ� 103�• 91� . 106 111
, P1t88/V.PItBS�:' :..._...::,,,._...,..»... ........ . �. .� . .. : .._. ... �. . . .. .......•... . .
. Hush snd Guayle � ' 7252 759 733 799 787 901 836 779 859 799
•• Dukskis •snd B�nts�n lOZSZ 1022 1Z9Z 1033 1148 llZZ 1134-•1190• llZ6 I090
Fulani snd Dattn�r 45 5 10 Z • � 7 � 7 S S
- Paul snd Msrrou ••• • � • Z00 19 26 19 18 - �3 17 3.3 ZS 20
K�noy�r snd Ehr�nr�ich 1 • 1 , '. . •
--Dodg�•��d-Or�sby......_.-t--- - , . -- . .... . ... ........ . �.�._..:_ ..
All oth�rs•"�' • � 2� Z 1 . Z � A 8 • • S
--8•t�nk�s—.::...• _...._........ .-•-193... a9 . i�...., ..ls. . Zp.....�i_., ..ZO.•�.--17•� • 11 ZG
8,8NATOR IN CONf3R8S8 ' ' • •~_. M^. .
Bdwsrd M. •K�nn�dy• • • � • 111�1 11G0 1383 1132 1287 1187 1106 1Z91 1Z41 1154
Jos�ph D. Malon� 6100 G07 599 G8Z 700 • 701 73a 66Z � 7a4 693
. . Mary-Fridl�y�.,........_........ _ . .. ...._..85 . g . . li.,.. � g._... .9...... iZ.. ....(, .. 10 13
Fr�da L�• Nason 103 11 15 T0 11 13 9 11 14 9
-8lanks - _ .---. ... . _ . ••- S38 �7 71 �0 66 .. 77 S9- 55• 3Z 71
.\ � .
RBPRESBNtA?'IVE IN CONGRB88 • .:... . .:. •. . .._..: .... .. .. ..__........_._.:............�--•.,...... . . ..._.
8dwar0 J. Mark�y 12798 1316 1521 1309 1�83 .'1�85 1415 1459 1�56 1354
A1 l��oth�rr . . ...._..._.. � 4 1 .. . .. . . _ .._..._ .. l . 1 .
-Sls�ks • 51G3 514 558 561 589 602 603 S65 S84 SBG
� . .�....._.....,..,....�.�_.....,..._..._..........._... ..... . .. .. .._.._...___... ........._.�.._.�..........._.`... .�.
__ � COUNCILLOR
1 Jos�ph�A.-�L�n9on�•�•I•II--- • • 8159 •.- 910 1013' -•851 •905 -•97�-.846-• 896••-A09 855 -•
V1nc��t J. Msngan�llo . 4900 �69 4G8 515 60S S98 S95 S�� S�9 S57
Alloth�rt... •-•......_..... _.. . 1 ...1... ._ .. . .. __ _.
-Blsnks 4907 •45S S98 SO4 S63 S14 ST7 58S 583 SZ8
• SBNAIOR �IN OBNERALyCOURT � � ' •
• Rich�rd-�A. Kraus-- --�-� •-8419••�• 86�I 1308 837 �J44 9S6 ••988•-•9G5- 918 . 644 :
Mark V. Vsii�d�s 5468 514 �90 577 653 633 6A6 678 641 63G
Fi�l�n• ?.-•M�iros --� ••• �• 1384 � 170 171. 161 146 18Z lZ6 •lZ3 1G1 144 _
-8lanks � 2G86 Z81 310 Z9S 330 316 •Z58 ZS9 321 31G
REPRESENSAiIVE IN 08N8RAL COURI .�
Sb�ph�n_•�.. Loran ._.._........ 11570 1179 1383 1105 1285 1335. 13�5..1415 132G. 1197
. �oc�ph A. Ca�pb�ll , 4191 452 �49 509 54Z S14 �S4 �{06 4G3 502
-Sl��ks--�--._._..�._..�._. . .....2106 103 Z47 1S6 -••Z46 •138.- 119 -10�•..ZSZ 2A1
�CLERK OF COURiS . - ... . - ' . . . .. .... .--�. . .
Edward J. Sullivan 10505 11�3 1354 10�0 1187 1Z67 1116 11�6 1188 1114
A31 oth�r�s. ..�......_ ...... ... . 1 . _ . . . ' 1 ..
-8lanks • 741G 691 8Z5 780 886� 8Z0 90Zlr879 �85Z 8ZG
1 REOISI8R�0� DEEDS ._._..._..�...... .. ... _._ .� _ ... ._. ,. .._._...._....._......�:_�..__�._.. . .
Eu9�n• .C. Brun• ..... ., 9840 3037 1180 1012 1119 1196 .1070 1074 1099 1051
-Slanko 8127 797 899 • 858 954 889 9�8 951 9�42 889
...... . ._. .. ._. .. _.. . . ................... .... ..._....... ..... .
COUNiY COMMISSIONER
iho�as J... Larkin . 8807 88G 1038 900 101� 1016. 1003 1004 .1023 924
Edwsrd J. K�nn�dy, Jr. 7534 87G� 879 '771 87� 9�8 7�7 980 8S9 800
All others ... .. ..._..._.... ._ 3 . i ' 1 . . . l.
' -8lanks 19390 1905 2Z41 20G9 2238 3Z09 1Z87 1ZG6 Z199 Z1SG
I TREASUItER. .. . . .._.... .._ ... _ .. _...... .... . ... ........ .. ....._............. ..
- Ja��s S. Fah�y, Jr... 10037 108� 1109 1055 1143 1Z33 3076 1111 11.42 108G
All oth�rs . 1 1
-83anks�_-_. . .. .. _.. . 79Z9 752 970 B15 930 85� 94Z.. 91•4.....898 85�
���
ABSENTEE BALLOT BREAKDOWN
STATE ELECTION
NOVEMBER $, 1988
j
i
APPLICATIONS BALLOTS BALLOTS RETURNED i2EJEC�.'ED AS '
PRECINCT PROCESSED RETURNED . UNUSED Z'00 LATE DEFECTIVE
�70TED BY MAIY,
(Excluding Permanently Physically Disabled) �
;
i
1 106 92 11 2 g J �
2 123 103 14 6 _
3 93 76 14 2 1
� 146 139. 13 2 _
5 106 95 7 4 m
6 132 116 10 4 2
'7 120 108 7 3 2
� �9 80 2 � _
� �06 83 3.5 7 �. �
Total 1021 884 93 37 '7 �
VOTED BY PdAIIo �
(Certified Permanently Physically Disabled)
1 4 4 � � � �
2 1 1 _
3 1 g _ 1!
a 4 g _
7 2 2 � ;
8 � 1 - i
� 2 1 1 i
�--�,
Total 15 14 1 � '
� �
VOTED IN PERSON OVER THE COUNTER �
, i
1 3� 34 I
2 38 38 i
3 4� 41
4 60 60 -
5 56 56
fi 56 56 !
7 55 55 ;
8 46 46 �
9 3g 38 �
I
Total 424 424 '
NON-REGISTERED VOTERS - VOTED BY MAIL �
1 '1 6 1 _ e
2 � 5 1 - _
3 4 � _ � _ .
4 1� 13 3 - _ I
' 11 10 1 _ _ !
6 l0 8 2 _ _
7 11 � �, _ 0
� 2 _ _ 2
9 5 2 _ _
�
Tota1 73 55 15 1 2
Grand Total 1533 1377 109 38 g i
A true copy. � � '
Attest: ` ;�"� `—� j�j '
�� --��-,.w� /�� ���
Bernice H. Fallick, Town Clerk
_ ----- ------ __ _—
--- ----------------------- ------ ---- -
�------
?�7
(WARRANT FOR TOWN ELECTION - SEE WARRANT FILE)
TOWN ELECTION - MARCH 6 , 1989
In pursuance of the foregoing warrant the legal
voters of the Town of Lexington met in their respective
voting places in said Town of Lexington on Monday , March
6 , 1989 , at 7 a.m.
The following places were designated as the voting
! places for the various precincts : Precinct One ,
' Harrington School ; Precinct Two , Bowman School ; Precinct
" Three , Jonas Clarke Middle School ; Precinct Four,
Lexington Senior High School ; Precinct Five , Cary
Memorial Building ; Precinct Six , William Diamond Middle
School ; Precinct Seven , Joseph Estabrook School ;
Precinct Eight , Central Fire Station; Precinct Nine ,
Maria Hastings School .
The Election Officers of the various precincts were
assigned for duty as follows :
Precinct One
Warden Eileen Fradette
Clerk Elinor Vassallo
Inspector Audrey Frazer
Inspector Virginia Warner
Inspector George Kalafatis
Inspector Viola Pike
Inspector Grace Campbell
Precinct Two
� Warden Elizabeth 1
�.� C arke
Clerk Donna Alexson
Inspector Owen Lafley
Inspector Robert Blouin
Precinct Three
Warden Marjorie Modoono
Clerk Mildred Cronin
Inspector Alice Hopkins
Inspector Lillian Drury
Inspector Gwendolyn Cram
Inspector Seqmour Mandel
Precinct Four
Warden Gulli Kula
Clerk Richard Crawford
Inspector Ruth Hamlin
Inspector Raymond Flynn
Inspector M. Loretto Tucker
, Inspector Alfred Mattes
w.,- Inspector Eleanor Mattes
Inspector Marlis Schratter
`%.�8
(Town Election, March 6 , 1989 , cont . )
Precinct Five �
Warden Gerald Abegg �
Clerk Winifred Ivester �,
Inspector Marcia Cormier �
Inspector Martha Zani
Inspector porothy Gauthier �
Inspector William Casey
Inspector Jacqueline Michelove � ;
Inspector Elizabeth Flynn I '
Precinct Six
Warden Cornelius Cronin
Clerk Dorothy Boggia
Inspector Barbara Wachman ,
Inspector Evelyn Belbin
Inspector Mary Casey �
Inspector Judith Goldman
Inspector Edward Sullivan ,
�
I
Precinct Seven
Warden A. Estelle Szalajeski
Clerk Nancy Lou Hayes �
Inspector Alice Coletta I
Inspector Gail Faulkingham
Inspector Miriam Miller
Inspector Patricia Needham �
Inspector Eileen Carpenter ��
I
Precinct Eight �� I
� I
Warden Catherine Jones �
Clerk Frank Samuel ,
Inspector Blanche Johnson
Inspector Stella Laurendeau
Inspector Alma Ballota
Inspector Elizabeth Sinclair
Inspector Olive Samuel
Inspector Florence Murray
Precinct Nine
Warden John Taylor
Clerk Carole Scalise
Inspector Barbara Davis
Inspector Carol Snell
Inspector Janet Lowther
Inspector Clark Cowen
The election officers were sworn to the faithful
performance of their duties .
The polls were declared open in each precinct at 7
a.m. and remained open until 8 p .m. , at which time , '
after due notice , they were declared closed .
_ -- _ _ - --- ---------------- --- — -------------------_
�----
29�.
(Town Election, March b , 1989 , cont . )
The total number of registered voters in each
precinct eligible to vote as of February 14 , 1989 , is as
follows :
PRECINCT REGISTERED DEMOCRATIC REPUBLICAN UNROLLED
VOTERS
1 2067 1065 391 611
�' 2 2293 1259 376 658
�.� 3 2068 983 393 692
4 2289 1133 474 682
5 2338 1096 438 804
6 2224 1067 515 642
7 2243 1133 421 689
g 2288 1003 487 798
9 2149 985 441 723
TOTALS 19959 9724 3936 6299
Recap sheets were delivered to the Board of Registrars
in the Comptroller ' s Office .
23 .46% of the registered voters voted .
The Town Clerk and the members of the Board of
Registrars canvassed the results as follows :
I
�
���
�oun of Le>:ington
Toun Wid2 ta'1iy .Yor: local �lections F'121N'Ctill ON: UG-i1ar-89
held one 6-maa•-•89 tlote count reaort
' � Totals PR1 PRZ PR3 :'R4 PRS PR6 Pl27 P128 PR9
tJote count: 4683 925 5g3 A�IS JJ1. 475 6;i3 t;4% 632 374
Se l ect�arro �
Leo Y. HcSweeney 3016 293 3G�1 284 3:�;1 303 :�ti2 3�:; 41G 2l1 I
Jacquelyn R. Smitto 3106 273 3l5 31U 402 30�3 4�t0 355 :3�J3 249
-Blanks 3144 2�.12 42U 302 3;i1 3�8 444 419 4;i5 Z28 i
Mo,ierator
Tfargery- �i. battin 3380 ZS% 4;iQ 321 41G ;333 982 3�j2 440 l75 �
-Blanks 13U3 142 1:;J ll'7 13G '142 151 15S 1�)2 gg
School Commii:tee ,
7ulian �. Buss9ang 24��6 2U'l ;:1G1, y44 3U8 :G2 310 322 31U 187 I
Lois J. L'oi t 2'l'l0 2U5 395 242 333 2�J2 397 3G6 3i33 215 I
John p. Uberteufter 26U6 24;i 29G 2G4 �OE ;C42 3ryy �G2 ;�Gg ;�g4
-Blanks 14H4 ZU3 1'l9 166 1G'1 159 172 144 2U3 11�
Planning 8oard
David G. Willi�sms :�U%3 ?.G5 3�.iU 19A :i98 319 43'� 3:►9 :3'.13 243
-Blanks 1G10 1G4 '1.03 159 154 156 'lUl 2U:2 2::i�) 131
Lexin9ton Housing Authority
DonaYd L. Wilson �tU19 .'�.8£i ;t��% 2£32 3'lU 3U3 9U5 379 9U3 243
-Blanks 1669 141 1�)6 1G6 182 172 �l4 22S 229 131 �
PR-1 Toun Meetin3 nembers I
Nancy L'. 6ordon ZA7 ,
J3me5 A. Nicolox•o 198
Ronald I:hristophar 32usso '�14
�, $3rry L. Sampson 234
James 5. Wilson 23;3 �
Geor9e E. Cooper 226 1
Lan Susa hq �
Nancy Bevilaqua ;� i
Bi11 8usa 3�)
John Curry �p
Alvin 61ick 7 �
Ralph Cataldo - ;�
R. Coi�en g8 j
Helvyn Gaylin 6
Lois Barry Zp �
ihomas Hnto9nini 1 i
Ruth Lynn . 1
Paul busa q
Alan Binder 1
Sandr� Levy 1
Jean Cole d
7oe Tassone g ;
lohn Hoyan 1 I
Peter tiasters 1 �
-�lanks 2%;3U i
�
I
I
I
iotals �
PR-2 Youn iieeting Members I'
Beatrice �. Busa �5g
Eric 1. Clarke 3Zy
Karen H. Looks �g�
Ronald A. Laing 144 �
I.illian 7. �facArthur gpy
Milliap� W. Welch, .1r. 25g
Willia• S. Widnall �4� I
Lynda A. Wik 317
Williap �. L'urtis, �r. ��Yy
Ellswort� 4. Fish�r l��l
Myla Kabat-Zinr� 321 � I
Williaao iS. Ailken i �
-Blanks 1��� I
�
� ' i
__ ------__----- ------_ — ----- ------- -- -------------------
r-------
I
cJ�5
PR-3 2oun lfeeting Members
Carol �. Gro�dains 2�p
Narilyn K. i1:�irsun Z31
Mary �dna Ne��meier 210
� Marian C. lteilly , Zy�
Robert 1. Rotberg g��
Erancis W.K. 5mith Z�y
. Katherine M. Wi�yte Y�5
Rot,ert C. lJhyte �57
Uanahy bloom ��
Robert N. Coh�r, l�g
Don J.J. Cordell l�q
k. E. Casey 1
— -Blanks 1431
� ��
Pk-4 ?own iieetin9 Members
Nyles Mathan barnert 356
Julian .1. Sussyang 3�7
An9ela L. Erick gG5
Sandra J. 5haw . 3���
Ruth S. Thomas 34U
7udith J. Uiirig 3'll
NichoYas 5antosuosso : 320
Robin Ganz • l
Robin Glabe �1
M. ticNicholas 1
Alicholas A. Cannalonga 1
-Blanks 1'343
Totals
PR-S 'town Meeting Members
Florence A. Baturin 269
Houard Lravis ZyZ
Paul �. Hamburger �,g4
Eric Jay Mirt�elson 231
Paul �!r•wman ���
Samuel L. Powers ��y
Charles E. Hiums.ack �p
Leona W. Martin ,�n
1oJ�n 5tayn 1
Steven Colanyelo ;�0
T• J• Braun �
Lee Su-chuan 1
,7ohn 5r�erff �
Edwa.rd Uut,ois 1
-Blanks 1;;G6
PR-G Toun Meeting Members
Peter Diamond 19G
Rot,ert ti. Domnita 319
Mict�3e1 W, Golay ��5
Alan J. Lazarus 3��
Setha G. Ulson 4'U�
Susan 5. 5ulomun ���
kotert V. Whi•Lm•:,n 344
Catherine S. �ngland Z�g
Fr3ncesca r,ali.��ccio-SteeYe :,�ig
John A. UberteuYf�+r 3G7
Sara L'. Schoman 3��
7ames ri. 5mith c�s
-&lanks 1�59
5��
• PR-7 Yown Meetin� Members
I
3ohn H. Campbell 3Y% �
Renee 1. Cocnin 295
Stan N. FinY.elstein �9T �
WiniYred L.L. �riedn�an 320
Linda liorowit� ;11�9 ,
Richard S. W�lk 299 .
Theo�ore L. Chuang 2�8
William E. �a11on 2G3 I
�'3t Scully �
-Ftlanks 1�J77
�
8ota15
I
PR-8 Toun Pfeetin9 �iembers
Gerald A. Heggie 23�
OGathleen Vogt Y.issel 216 i
Sharon MacLonald 312
3aroes �f. �fc�.auyhlir� 285 ,
Richard 41. bush �09
Lois ,Ie t;oit 37G
Dian� Ys Garcia 3%� i
Jay R. KauPman 375
Lee Ann Kay ��)1 !
Alan �fayer Levine 338
-Blanks �UA�
I
i
Pk-9 loun hieeting Members '
Brian Michael Adley 246
lfar3aret �. Copp� 259 '
�ranY. J. P:ava ���
Louise V.7. Y.ava �27
Ele3nor H. Klauminzer 233
Lo�is �. Le�l�nc 4pg
3.�nice Kenr�edy q
Wil'liam Keeney 2
l:en �hrenburg g�
Dan Rappapurt 5
Kevin koffe ;�
-Blanks 11�9
- ----_— __ __— --- —
�—--- --
----- -- ------ ---- --- _----------
30�,
' Ioun Wide tally for: 1oca1 elections of Lexington
. � t►eld on: G-nar-�tq P1tIN1�U t]h: �6-►�ar-89
s W'nners re or�C
��Y Tot�ls PR1 PR2 PR9 PR4 PR5 Pit6 P�7 PR8
Vote count: pR9
� 9G8:i 42y 593 44S ;;52 475 633 � 547
s Selectn�an 6�2 374
R ->7acquelyn k. Smith 310G 273 375 •;i10 SU2 309
; ->Leo N. ilc5weeney 440 ;355 393 249
:J016 29:3 :391 Zgq ;351 :3U3 332 :325 916 271
Moderator
; ->tlargery M. kattin 3380 �87 434 ;idl 416 333 482 352 94
�. School Connittee . 0 275
�_ - " ->Lois ,]. Coit
->John A. OberteuYfar 2794 :�OS 345 ;�4� 333 2�12 3fi9 3G6 3L3 :.15
Juliar� J. Bussyang 26U6 Z43 2��G 2G4 302 29•.�, 395 2G2 3G8
249G �U% 3L•6 '�24 3U� 2G2 S10 3�2 �lU 234
Planning Board � 187
->David G. Williams -
- ;:�073 265 350 ��)4 398 319 432 339 39;i 243
Lexington Nousin9 Authority
->Donald L. Wilson
3U14 'LE8 ;3�.J7 282 :t%0 ;�U3 4U9 :315 kU3 243
' Totals �
PR-1 Town Meetin9 tlembers
-?Nancy C. Gordon 24%
-?Barry �. 5ampson 234
->Jaroes S. Wilson 233
->Geor9e t. Cooper 226
->Ronald Christopher kusso 214
->James A. Nicoloro 1�)8
, ->Dan busa 44
->Bill Busa ;39
� ->,7ohn Curry �p
-iR. Lohen ig
Lois Barry 10
�-.=�• Alvin G1ick � '
Ilelvyn Gaylin 6
Ralph Cataido ;3
iVar�cy bevilaqua Z
Peter Hasters i
John Hog3n �.
7oe Tassone 1
Jean Cole 1
Sandra Levy 1
Alan binder 1
Paul S��sa 1
Ttuth Lynn i
Yhomas Antognini 1
To£als
PR-2 'loun tiee�ting Members
• ->Eric T. Clarke 325
->Myla Kabat•-'Linn 321
->Lynda A. klik ;11%
->Lillian T. t�acArthur 309
-� ->Y.aren A. Uooks �82
->William W. Welch� Jr. 258
->Beatrice �. �fusa 2:;8
-:-William 5. Widnall 247
William J. Curtis, Jr. 21%
Ellsuorth H. �isher 191
. Ronald A. Laing 144
William H. Ailken l
���
- - Tota1�
;
PR-3 ?own Meetin9 ilembers ';
->CaroY J. Grodzins 270 �
-:Robert I. 12o�tberg 25! �
-?Marian C. Y�eilYy 25i
-3Marilyn K. PSairsora �3Y
->Mary �dna Meumeier �10
->Francis W.K. 5oit� 205
->Robert �!. L'ohero 1%$
->Katherine i1. Whyte 1'l5 '
dtot,ert C. Whyt� p5% '
Don ,1.,7. Cordell 134 I
L�anahy Bloo�a !i �
R. E. Casey b
i
�
� PR-4 Yown lfeetin9 Membess
, ->Julian 3. Buss9an� :��`�
->Juditi� ,H. Uhri9 3%A
' ->Sandra JD Sha�u 366
, ->Angeia �.. Frick 365 i
->Nyles Nathan barnert 35G �
' ->Ruth 5. Thonas 3h0
� ->Ni�holas Santosuosso 320
Robin G1.abe Z1
�licholas A. S:anna3on9� 1
If. Mct�icholas 1 .
%coban Ganz B
I
' I
i
i
� To�aYs �
f PR-5 Town Aleetf ng Afembers I
� ->Paul �lew�nan 256
i ->Pau1 E. Hambur9er Zge}
-:Eric �ay Michelson �gY '
+ ->Samuel L. Powers Zsg li
` ->Florence A. Baturin ;6g I
->Houard Cravis Z5Z
->Leona W. Martin ,qp I
Steven Colan9elo ;3�
Charles �. blumsack ;�� �
' lohn SherfP 3
Y. 3. �:raun �
Edward Oubois b
' I.ee Su-ch�.aet g i
John Stayr•s 1
1
i
I
��
�
� �
� aotai� �
PR-6 Yown �feetin9 Hembers
-»ohn A. Uberteuffer 367
->Robert V. Wi�itman 344 ^�1 j
->Sara L e Sc�omarn 3;Gp ' '
' -7Robart }i. llumnitz 319 � i
->Alan J. Lazasus 3Yq
- . ->Catherine 5. �:n9lan�d 279 �
->Francesca GalTuccio-Steele 278 ;
Michael W. Go1ay 29g �
Susan S. Solomor� 225
- Setha li. Olson e02
Peter Liamond Yy(;
. Jaroes i1. 5mi th gg �
--- ------ --_----- -------_ —._ ___--------__ -----_
--- -------------1--- - --
I
h/1.r_
��J
� ' Totals
� PR-7 ?oun t�eeting Members
->Winifred L.L. �riedman J;:p,
-7John R. Ca�pbell 317•
� ->Linda Horoaitz 314•
� ->Richard 8. Wu1k 299.
->Theodore D. Chuang 25$_
->Renee �. Cochin Zgg ,
' ->Stan M. �inkelstein �yi
->William E. �allora 2G3.
Pat Scully �
Totals
; PR-8 lown t�eetin9 i�embers
� ->Lois J. Coit " 3'lG '
-iJay R. Kaufman 375 � .
-7Diana T. Garcia ;3%2
-�Alan Mayer Levine 338 •
->Sharon MacDonald :312
->Lee Ann Kay 291
' ->Jaroes �f. iicLaughlin 285
->Gerald A. Heggie 234
Kathieen Vo9t Kissel 21G
� Richard W. 13usii 209
� .
�
z iotals
� PR-9 Town �feeting Members
� ->Tfar9aret E. Coppe 255
->Brian �iichael Adley 24G
; ->Eleanor H. Klauminzer 2J�
� -?Louise V.1. Kava 227
� ->Erank 1. Kava 22`i
->Louis �. LeBlanc 208
� -:Ken Ehrenbur9 $
Dan Rappapor•t g
Janice Kennedy 4
� Kevin 12oYYe 2
Williae� Keeney �
��6
ABSENTEE BALLOT BREAKDOWN
ANNUAL TOWN ELECTION
MARCH 6, 1989 '
APPLICATIONS BALLOTS BALLOTS RETURNED I�
PRECINCT PROCESSED RETURNED UNUSED TOO LATE �
t10TED BY MAIIa
(Excluding Permanently Physically Disabled)
1 6 3 3 _ �----• I
2 3 1 1 - I
3 13 12 - 1 �
4 2 T 1 -
5 7 5 1 1
6 16 13 1 2
7 5 5 - -
8 3 2 � 1
9 2 2 - - �
Total 57 44. 7 5 �
(One rejected as defective)
VOTED BY MAIL
(Certified Permanently Physically Disabled) I
1 4 � _
2 1 1 _ �
3 1 - 1 a. ,
4 1 -- g �i
5 4 1 3 '
7 2 1 1
8 2 1 1 '
_ _ �
Total 15 8 `7 i
I
VOTED IN PERSON OVER THE COUNTER i
1 3 3 �
3 6 6 �
4 11 11
. 5 7 7 '!
6 26 . 26
7 4 4
8 11 11 �
9 4 4 ,
-- -F— I
Total 72 72 �
I
TOTALS 144 124 14 5 �
I
A true copy.
Attest:
� � i
Bernice H. Fallick, Town Clerk
'
I
i' !
I
----- --------- ------ T
307
1989 ANNIIAL TOWN MEETING
MARCH 27, 1989
The meeting was called to order by Moderator Margery M. Battin, at
8:00 p.m., in Cary Memorial Hall.
There were 190 Town Meeting Members present out of a current
membership of 199.
8:00 p.m. The invocation was offered by Town Meeting Member,
Robert Whitman.
^�� 8:03 p.m. The Moderator asked the Members to observe a moment of
silence in memory of Town Meeting Member, John Ward.
8:03 p.m. Town Clerk, Bernice H. Fallick, read the Warrant for
the Meeting until waived.
8:05 p.m. The Town Clerk read the Constable's Return of the
Warrant.
The �Ioderator stated that meetings were scheduled for March 29,
April 3, 5, 10, 12. There would be no meetings the week of April
17, and meetings would resume on April 24 and continue on Mondays
and Wednesdays as necessary. She further explained procedures.
The Articles will be taken up in order with the following
notations: Article 38 on April 26; the hotel articles wi.11 be
offered on separate evenings; Indefinite Postponement will be
moved on Articles 9, 10, 13, 15, 19, 20. No articles will be
taken after 10:30 p.m.; the Selectmen have prepared a list of out
of order filler articles to be used at that time of the evening.
---------------------
ARTICLE 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
8:14 p.m. The Moderator explained that this articles would remain
— open throughout the Meeting.
Jacquelyn Smith, Chairman of the Board of Selectmen, moved that
the Report of the Town Manager be accepted and placed on file.
Richard White, Town Manager, presented the Report.
8:39 p.m. Following a unanimous voice vote, tlie Moderator
declared the Report to have been accepted and placed on file.
8:39 p.m. Michael 0'Sullivan, Chairman of the Appropriations
Committee, moved that the Report of the Appropriations Committee
be accepted and placed on file. Mr. 0`Sullivan presented the
Report.
8:51 p.m. Following a unanimous voice vote, the Moderator
declared the Report to have been accepted and placed on file.
8:52 p.m. Sheldon Spector, Chairman of the Capital Expenditures
Committee, moved that the Report of the Capital Expenditures be
accepted and placed on file. Mr. Spector commented.
8:53 p.m. Following a unanimous voice vote, the Moderator "
declared the Report to have been accepted and placed on file.
� 8:54 p.m. Carolyn Wilson, Pr.2, moved that the Report of the Cary
Lecture Series be accepted and placed on file and that the
Committee be discharged. Raymond Culler, Chairman of the Cary
Lecture Series, presented the Report.
8:58 p.m. Following a unanimous voice vote, the Moderator
declared the Report to have been accepted and placed on file.
��� -
,' ANNUAL TOWN MEETING,- CONT. - MARCH 27, 1989) ,
�I
ARTICLE 3. APPOINTMENTS TO CARY LECTURE SERIES '
MOTION: That a committee of three be appointed by the passed I
Moderator to have the charge of the lectures under the see this page I
wills of Eliza Cary Farnham and Suzanna E. Cary for the
current year.
8:59 p.m. Presented by Selectman Jacquelyn Smith. �~�' �
i�
Following a unanimous voice vote at 8:59 p.m. , the Moderator
declared the motion to have passed.
i
ARTICLE 4. OPERATING BUDGET
MOTION: That the following amounts be appropriated for i
the ensuing fiscal year and be raised in the tax levy
""° passed
except where a transfer is indicated they shall be
provided by such a transfer. see P. 312 �
9:00 p.m. Presented by Selectman Jacquelyn Smith.
�
The Moderator read the following line items:
'
Schools '
1110 Public School-Education 26,401,155 '
(Of which $63,574 is for out of state travel.) !
To which the sum of $250,000 in available and anticipated
P.L. 874 and other available and anticipated P.L. 874 and other notice of !
Federal and State Funds, along with anticipated athletic receipts reconsideration �,
is to be applied and the balance of $26,151,155 is to be raised in p' 312 I
' the tax levy.
9:01 p.m. Polly Hodgson Woodworth, Chairman of School Committee,
presented background information.
9:04 p.m. Philip Geiger, Superintendent of Schools, explained the
specifics of the budget.
Questions followed as to out of state travel, maintenance, media
library, newsletters, music fees, guidance cuts, student services,
numbers of teachers and students, life skills program, and other
specifics.
10:21 p.m. The Moderator resumed the reading of the following
line items:
4
1120 Regional Vocational Technical High School
Assessment 372,904
Employee Benefits
2110 Contributory Pension Fund 2,079,175 --� 2110 notice of reconsid-
2120 Non-�ontributory Pension 198,000 eration see p. 312
2130 Pension Funding 291 ,000
2140 Retirement Expenses 15,150
2150 Insurance 3,489,728 -� 2150 notice of reconsid-
eration see p.312
Debt Service •
2210 Funded Debt 925,000
__ _----------- ------ - -----_
___- -----_ _-- ---___ __---
�--—
_ .
���
, ANNIIAL TOWN MEETING, CONT. - MARCH 27, 1989 ---.---___ .
2220 Interest on Debt 711,552
2230 Tax & Bond Anticipation Loans 25,000
2230 Exempt Debt 2,230,500
Public Works Department
�'; 3100 Personal Services 2,217,180 --y notice of recon.
see p. 312
� (Of which $20,000 is to be transferred from the Parking
Meter Fund)
3120 Expenses 3,145,484 --� notice of recon.
see p. 312
10:22 p.m. Fred Rosenberg, Pr. 9, questioned the philosophy and
approach to the budget presentation, and the possibility of Town
Meeting losing control. Richard White, Town Manager, responded.
10:28 p.m. Sam Silverman, Pr. 5, questioned the Unfunded Pension
Liability. John Ryan, Comptroller, stated the intent to have an
actuary present when the article associated with Chapter 697 is
presented.
Mr. Silverman questioned the DPW budget and Mr. White responded.
10:31 p.m. Florence Baturin, Pr. 5, made the followi.ng motion:
That the School Budget (line item 1110) be increase3 by not passed
$50,000 to eliminate user. fees for instrumental music. see below
Town Counsel Norman Gohen stated tYtat the monep could not be
directed to music use but was merely being added to the School -
Budget.
Selectman Ma.rshall stated that choices had been made and that the ,
Meeting would be setting up a difficult process for future
negotiations. •
� Mr. 0'Sullivan stated that a majority of the Appropriations
'i Committee was not in favor of the motion.
There was further .discussion for and against.
,i
Following a voice vote at 10:38 p.m. , the i�Ioderator declared the
� amendment not to have been adopted.
William Welch, Pr. 2, questioned leaf pickup and composting and
Richard Spiers; DPW, and the Town Manager replied. '
Public Safety
4100 Police Department Personal Services 2,240,779 notice of '
' (Of which $52,000 is to be transferred from the Parking recon.see ,
Meter Fund) p.312
' 4100 Police Department Expenses 255,971 '
(Of which $3,848 is to be transferred from the Parking ,
W Meter Fund)
Fire Services
4200 Fire Department Personal Services 2,272,600
4200 Fire Department Expenses 167,295
�, o
, ANNUAL� TOWN MEETING, CONT. - MARCH 27 , 1989) � ' -�
Building & Zoning Inspection
i
i
4310 Inspection Department Personal Services 138,902
4310 Inspection Department Expenses 4,225
Library Services
5110 Library Personal Services 799,180 ' I
5110 Library Expenses 230,700
(In addition, $20,415 in Regular State Aid and $8,161 in
Supplemental State Aid to Public Libraries is also
available for use by the Trustees of the Library.)
�
Recreation �
i
5210 Recreation Personal Services 203,627
5210 Recreation Expenses 27,660
Town Celebrations Committee 10,000 f
Health
" 6110 Health Personal Services 96,469
6110 Health Expenses 22,550 i
6120 Visiting Nurse & Community Health 8,400
6130 Rabies Clinic 3,350 i
6140 Animal Control Personal Services 20,184 �
6140 Animal Control Expenses 8,280 �
Council on �ging i
6210 Council on Aging Personal Services 61,805 �
6210 Council on Aging Expenses 56,496
Veterans I
I
6310 Veterans Administration 17,392 I
6310 Veterans Expenses 391 I
6320 Veterans Aid & Expenses 10,000
6330 Graves Registration 200
6340 Soldiers Burial 500
I
6410 Human Services 125,150 --� notice of recon. i
see p. 3I.2
General Government ��
7110 Selectmen Personal Services 44,151 i
7110 Selectmen Expenses 12,350 I
7120 Town Manager Personal Services 190,481
7120 Town Manager Expenses 12,850 ;
7130 Temporary Help & Overtime 36,750
7131 Clerical Pool 17,434
7133 Fire & Police Medical 36,444 �
7134 Out of State Travel 7,500 �
7135 General Professional Services 86,500
i
I
�
--- T -------- ----------__-- _---------
31�
; ANNIIAL TOWN MEETING, CONT. - MARCH 27, 1989)
7136 Director of Guides 1,500
7137 Tuition & Training 14,000
7138 Instate Travel 12,000
7140 Printing Town Report 6,250
Legislative
7210 Appropriation Committee 950
7220 Miscellaneous Boards & Committees 7,400
Finance
7310 Comptroller Personal Services 143,576
7310 Comptroller Expenses 112,850
7320 Treasurer/Collector Personal Services 120,901
7320 Treasurer/Collector Expenses 14;850
And further that the Treasurer and Collector is
hereby authorized to enter into compensating balance
agreements during fiscal year 1990, as permitted by
General Laws Chapter 44, Section 53F.
7330 Assessors Personal Services 102,216
7330 Assessors Expenses 9,710 '
7350 Data Processing Enhancement 48,000 --- notice of
recon.see p.312
Staff
7410 Legal Fees 143,360
� 10:45 p.m. Fred Rosenberg, Pr. 9, moved adjournment until 8 p.m. ,
Wednesday, March 29.
Following a voice vote at 10:45 p.m., the Moderator declared t'ne
motion not to have passed.
7410 Legal Expenses 31,640 �
7420 Town Clerk Personal Services 87,610
10:47 p.m. Robert Domnitz, Pr. 6, questioned the legal expenses
and Town Counsel, Norman Cohen, responded.
7420 Town Clerk Expenses 2,480
7430 Board of Registrars Personal Services 1,645
7430 Board of Registrars Expenses 31,840
7440 Elections/Town Clerk 12,475
7450 Elections/Selectmen 18,100
Community Development
7510 Planning Board Personal Services 89,355
7510 Planning Board Expenses 6,900
7520 Board of Appeals Personal Services 21,147
; 7520 Board of Appeals Expenses 900
- 7530 Conservation Commission Personal Services 51,238
10:49 p.m. Paul Hamburger, Pr. 5, questioned the line item 7350
Data Processing Enhancement and the Capital item. John Ryan,
Comptroller, explained the distinction.
���
E. -� ANNUAL TOWN MEETING, CONT. - MARCH 27, 1989)
7530 Conservation Commission Expenses 10,730 I
7540 Historic Districts Commission 2,800 �
�
Following a voice vote at 10:50 p.m., the i�loderator declared the
motion offered by Mrs. Smith to have been adopted.
I
Michael 0'Sullivan, Appropriation Committee, served Notice of � i
Reconsideration of Line Item 1110 Public School-Education. ;
Robert Domnitz, Pr. 6, served Notice of Reconsideration on Line
Items 2110 (Contributory Pension Fund), 2150 (Insurance) , 3100
(Public Works Personal Services) , 3120 (Public Works Expenses) , �
4100 (Police Department Expenses). '
Sheldon Spector, Capital Expenditures, served Notice of I
Reconsideration on Line Item 7350 (Data Processing Enhancement) . �
I
Leonora Feeney, Pr.2, served Notice of Reconsideration on Line
Item 6410 (Human Services). i
Clarification of the above actions ensued. '
10:55 p.m. Selectman Jacquelyn Smith moved adjournment until I
Wednesday, Ma.rch 29, 1989, at 8 p.m.
Following a voice vote at 10:55 p.m, the Moderator declared the I
motion to have passed. j
A true copy. �
Attest: � � I
;
I �ii
,
i
���
_
ADJOIIRNED SESSION — 1989 ANN[TAL TOWN MEETING
MARCH 29, 1989
The meeting was called to order by Moderator Margery M. Battin, at
8:00 p.m. , in Cary Memorial Ha.11.
There were 182 Town Meeting Members present.
8:00 p.m. The invocation was offered by Reverend Polly Guild of
the Follen Unitarian/Universalist Church.
8:04 p.m. The Moderator declared a formal recess.
"" Bernice Fallick, Town Clerk, recognized Town Staff; the Board of
Registrars, School Department Staff and students, and Lexington
Election Officials, thanking them for the important role they play
in the election process.
8:10 p.m. The Moderator declared the Meeting to be in session.
-------------------------
ARTICLE Z. REPORTS
8:11 p.m. Judy Uhrig, Planning Board, stated that the Planning
Board Reports had been distributed.
8:12 p.m. Sheldon Spector, Capital Expenditures Committee,
presented a report for the Committee.
8:19 p.m. Carolyn Wilson, Recreation Committee, presented an
update on the Lincoln Street Recreation Area.
ARTICLE 5. SALARY ADJUSTMENTS AND COLLECTIVE BARGAINING
SETTLEMENTS
MOTION: That $277 ,000 be appropriated for the ensuing
fiscal year, in addition to those authorized under
Article 4 of this warrant, to fund cost items (a)
included in collective bargaining agreements reached Passed
between the Town and employee organizations and (b) see below
resulting from such agreements as they bear on the Town
employee wage and salary plan, and that such amount be
raised in the tax levy. The amount voted is to be
distributed among the personal services accounts as
authorized by the Board of Selectmen.
8:22 p.m. Presented by Selectman William Dailey.
8:24 p.m. Michael 0'Sullivan, Appropriations Committee,
recommended favorable action.
Following a unanimous voice vote at 8:25 p.m. , the Moderator
declared the motion to have passed.
�',
t
�� 4
(ADJOIIRNED SESSION,ANNIIAL TOWN MEETING,CONT.-MARCH 29,1989) � �
i
ARTICLE 6. WATER OPERATIONS ;
i
MOTION: That the sum of $2,$65,075 be appropriated to
i
fund the operation of the Water Division of the
Department of Public Works, and to raise such amount
$2,865,075 be transferred from the Water Enterprise
Fund. ' �
8:25 p.m. Presented by Selectman Jacquelyn Smith.
For informational purposes Article 7 was included in the
presentation. ;
Discussions as to depreciation followed with responses from Mrs. '
Smith, Town Manager White, and Mark Johnson of Deloit Haskins. '
8:43 p.m. Michael 0'Sullivan, Appropriations Committee, stated passed �
favorable positions on both Article 6 and 7. see below
8:43 p.m. Frank Sandy, Pr.6, asked for Article 16, Water Mains, �
to be included. Explanation of debt funding followed.
Considerable discussion followed as to sewer and water costs, �
costs of maintaining or replacing pipes, well water metering, �
sewer output meters, watchdog agencies, plans for future economy, i
measuring and control of unaccounted for water loss, school use,
drought management plans, usage by Hanscom Field, institutional
use. �
Following a unanimous voice vote at 9:08 p.m. , the Moderator I
declared the motion to have passed. ^ �
i
------------------------- � �
�
�
ARTICLE 7. SEWER OPERATIONS �
MOTION: That the sum of $2,785,801 be appropriated to �
fund the operation of the Sewer Division of the passed i
Department of Public Works, and to raise such amount see below
$2,785,801 be transferred from the Sewer Enterprise
Fund.
- i
9:08 p.m. Presented by Selectman Smith. ,
Following a unanimous voice vote at 9:09 p.m. , the Moderator
i,
declared the motion to have passe3.
------------------------- j
ARTICLE 8. SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR
(FY 89)
I
MOTION: That the sum of $68,300 be appropriated to the
Public School Education line item of the Fiscal Year passed '
1989 budget and to raise such amount $68,300 be see p. 315
transferred from the Unreserved Fund Balance. �
9:09 p.m. Presented by Albert Zabin, School Committee. i
Mr. Zabin explained the need to replace two leaking fuel oil tanks i
.
3��
(ADJOIIRNED SESSION,ANNIIAL TOWN MEETING,CONT.-MARCH 29,1989)
at schools.
9:11 p.m. Michael 0'Sullivan, Appropriations Committee,
recommended favorable action.
9:11 p.m. Selectman Paul Marshall commented favorably.
9:12 p.m. John Willson, Pr.6, stated that the Town sh.ould begin
; to plan for failure on additional older tanks.
Following a unanimous voice vote at 9:12 p.m. , the Moderator
declared the motion to have passed. '
-------------------------
ARTICLE 9. PRIOR YEARS` UNPAID BILLS
MOTION: That this article be indefinitely postponed.
9:13 p.m. Presented by Selectman Paul Marshall. IPP
see below
Following a unanimous voice vote at 9:13 p.m. , the Moderator
declared the motion to have passed.
-------------------------
ARTICLE 10. SUPPLEMENTARY APPROPRIATIONS FOR AUTHORIZED
CAPITAL IMPROVEMENT PROJECTS
l.�E IPP
MOTION: That this article be indefinitely postponed.
9:13 p.m. Presented by Selectman Paul Ma.rshall.
Following a unanimous voice vote at 9:13 p.m. , the Moderator
declared the motion to have passed.
-------------------------
ARTICLE 11. RESERVE FUND
MOTION: That the sum of $250,000 be appropriated for passed
the Reserve Fund, and that such amount be raised in the see below
tax levy.
9:14 p.m. Presented by Select_man William Dailey.
9:15 p.m. Michael 0'Sullivan, Appropriations Committee, spoke in
favor.
F Following a unanimous voice vote at 9:15 p.m. , the Moderator
I declared the motion to have passed.
l
�� `) (ADJOURNED SESSION,ANNIIAL TOWN MEETING,CONT.-MARCH 29,1989)
�
ARTICLE 12. TAX ANTICIPATION BORROWING '
I
MOTION: That the Town Treasurer, with the approval of �
the Selectmen, be authorized to borrow money from time
to time in anticipation of the revenue for the fiscal passed
year beginning July 1, 1989 and to issue a note or notes see below �
therefor, payable within one year, under G.L.c. 44, sec. �
4 as amended, and to renew any note or notes as may be ' I
given for a period of less than one year, under G.L. c.
44, sec. 17.
9:16 p.m. Pre'sented by Selectman William Dailey. j
Following a unanimous voice vote at 9:17 p.m. , the Moderator �
declared the motion to have passed.
I
ARTICLE 13. UNEMPLOYMENT COMPENSATION FUND '
MOTION: That this article be indefinitely postponed. Ipp
�
see below �
9:17 p.m. Presented by Selectman William Dailey. I
i
Following a unanimous voice vote at 9:18 p.m. , the Moderator
declared the motion to have passed.
. I
------------------------- �
I
ARTICLE 14. CONSERVATION FUND � �
I
MOTION: That this article be indefinitely postponed. IPP I
see below
9:19 p.m. Presented by Joyce Miller, Conservation Committee. �
�
Following a unanimous voice vote at 9:20 p.m. , the Moderator
declared the motion to have passed. I
I
ARTICLE 15. STABILIZATION FUND �
MOTION: That this article be indefinitely postponed. Ipp 'I
see below i
9:20 p.m. Presented by Selectman John Eddison
Following a unanimous voice vote at 9 :22 p.m. , the Moderator
declared the motion to have passed. �
�
' I
� I
I
I
_ __------ ------------------- --� --__-- - - ----- -------------_ _ ____ -- ----
3�`�
(ADJOURNED SESSION,ANNUAL TOWN MEETING,CONT.-MARCH 29,1989)
ARTICLE 16. WATER MAINS
MOTION: That the Selectmen be and they hereby are
authorized to install new or replacement water mains and
line and reline water mains in such accepted or �
�i unaccepted streets or other land as the Selectmen may passed
� determine, subject to the assessment of betterments or see below
otherwise, and to take by eminent domain, purchase or
otherwise acquire any fee, easement or other interest in ,
land necessary �therefor; to appropriate $1,420,000 for
such installation and lining and land acquisition; and
that to meet this appropriation the Treasurer with the
approval of the Selectmen is authorized to borrow
$1,420,000 under G.L. c.44, s8(5).
9:23 p.m. Presented by Selectman Jacquelyn Smith.
9:27 p.m. Michael 0'Sullivan, Appropriations Committee, spoke in
favor.
9:28 p.m. Nicholas Cannalonga, Capital Expenditures Committee,
spoke in favor.
Questions followed as to traffic, Enterprise funding, bonding with
answers from Mrs. Smith, the Town Manager and Town Counsel.
Following a unanimous voice vote at 9:38 p.m. , the Moderator
declared the motion to have passed.
�� ARTICLE 17. INSTALL DRAINS/WIDENING, DEEPENING OR ALTERING
BROOKS
MOTION: That the Selectmen be and they hereby are
authorized to install drains in Adams Street or other
land as the Selectmen may determine, including the
widening, deepening or altering the course of brooks, passed
streams and water courses and the construction of new see below
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; and to appropriate the sum of $140,000 for
such installation and land acquisition, and that to
raise such amount $140,000 be transferred from the
Unreserved Fund Balance.
9:35 p.m. Presented by Selectman Jacquelyn Smith.
9:41 p.m. Michael 0'Sullivan, Appropriations Committee,
recommended favorable action.
9:41 p.m. Nicholas Cannalonga, Capital Expenditures Committee,
spoke in favor.
Following a unanimous voice vote at 9:42 p.m., the Moderator
declared the motion to have passed.
��
,s :� �
(ADJOIIRNED SESSION,ANNUAL TOWN MEETING,CONT.-MARCH 29,1989)
I
ARTICLE 18. BUTTERFIELD DAM REHABILITATION I
MOTION: That the Selectmen be and they hereby are authorized
to rehabilitate the Butterfield Pond Dam, 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 Passed �
see below ,_„� I
land necessary therefor; and to appropriate the sum of
$40,000 for such rehabilitation and land acquisition,
and that such amount be raised in the tax levy.
9:43 p.m. Presented by Selectman J'acquelyn Smith.
9:45 p.m. Michael 0'Sullivan, Appropriations Committee,
recommended favorable action. '
9:45 p.m. Richard Perry, Capital Expenditures Committee, spoke in I
favor.
Discussion followed.
Following a unanimous voice vote at 9:54 p.m. , the Moderator i�
declared the motion to have passed. I,
------------------------- 1
�
ARTICLE 19. CONSTRUCT SIDEWALKS
MOTION: That this article be indefinitely postponed. Ipp '
see below �
9:54 p.m. Presented by Selectman Jacquelyn Smith. �
Several residents stated that the Town is not doing enough to ��
construct sidewalks. !
I
Following a voice vote at 10:02 p.m. , the Moderator declared the
motion to have passed.
------------------------- i
I
ARTICLE 20. SANITARY SEWERS �
i
MOTION: That this article be indefinitely postponed. Ipp �,
see below
10:03 p.m. Presented by Selectman Jacquelyn Smith. i
Following a unanimous voice vote at 10:03 p.m. , the Moderator II''
declared the motion to have passed.
�
,� I
'�
3?9
(ADJOIIRftED SESSION,ANNIIAL TOAN MEETING,CONT.-MARCH 29,1989)
ARTICLE 21. PUBLIC WORKS EQUIPMENT
MOTION: That the sum of $280,000 be appropriated for
the purchase by or with the approval of the Selectmen of passed
equipment for the Department of Public Works, and that see below
, such amount be raised in the tax levy.
�
__ 10:04 p.m. Presented by Selectman William Dailey.
Following a unanimous voice vote at .10:07 p.m. , the Moderator
� declared the motion to have passed.
-------------------------
ARTICLE 22. STREET IMPROVEMENTS
MOTION: That the Treasurer with the approval of the
Selectmen be authorized to issue Highway Reimbursement
Notes of the Town under G.L. c.44, sec.6, as amended, in -
anticipation of reimbursement by the Commonwealth for
highway reconstruction and improvements under the passed
authority of Chapter 90 of the General Laws as funded, see below
and that notes issued for a shorter period than two
years may be refunded by the issue of new notes maturing
withing two years from the date of the original
obligation; that the Selectmen are authorized to accept
' highway funds from all sources; that, in addition the
sum of $300,000 be appropriated for highway
� improvements, and that to raise such amount $274,500 be
transferred from the appropriation voted under Article 6
�_-- of the Warrant for the November 26, 1984, Special Town
Meeting and $25,500 be raised in the tax levy.
10:08 p.m. Presented by Selectman McSweeney.
10:10 p.m. Michael 0'Sullivan, Appropriations Committee, spoke in
favor.
10:10 p.m. Karen Dooks, Capital Expenditures Committee, voiced
support.
Several Town Meeting Members asked for inclusion of specific
streets.
Following a unanimous voice vote at 10:22 p.m., the Moderator
declared the motion to have passed.
�
�-_'
����
(ADJOIIRNED SESSION,ANNUAL TOWN MEETING,CONT.—MARCA 29,1989)
ARTICLE 23. STREET ACCEPTANCE AND CONSTRUCTION '
MOTION: To establish as Town ways and accept the i
layout of the following Town ways: '
Hampton Road from Concord Avenue a distance of 590
feet, more or less, southwesterly to end; . �
i
Clematis Road from Allen Street a distance of 705 feet, passed
more or less, easterly to end; see below
�
Dover Lane from Pleasant Street a distance of 540 feet, ;
more or less, northerly to end; I
South Rindge Avenue from Bow Street a distance of 1125 �
feet, more or less, to Rindge Avenue;
Valleyfield Street from Bridge Street a distance of 450 �
feet, more or less, northerly to end;
all as laid out by the Selectmen and shown upon plans on
�
file in the office of the Town Clerk, dated November 4,
1988, and to authorize the Selectmen to take by eminent
domain, purchase or otherwise acquire any fee, easement ;
or other interest in land necessary therefor. ,
i
i
10:22 p.m. Presented by Selectman Leo McSweeney. 1
Following a unanimous voice vote at 10 :24 p.m. , the Moderator
declared the motion to have passed.
-------------------------
I
ARTICLE 24. PARKING LOT OPERATION AND MAINTENANCE i
i
MOTION: That the sum of $100,000 be appropriated for passed, see I
parking lot operation and maintenance in the Town, and below
that such amount be transferred from Parking Funds. Notice of recon. !
10:25 p.m. Presented by Selectman Leo McSweeney.
I
10:25 p.m. Michael 0'Sullivan, Appropriations Committee, spoke in ;
favor. . �
Questions followed. I,
Following a unanimous voice vote at 10:36 p.m. , the Moderator �
declared the motion to have passed.
10:37 p.m. Iris Wheaton, Pr 7, served Notice of Reconsideration
on Article 24. �
10:37 p.m. Selectman Jacquelyn Smith moved that the Meeting be I
adjourned until Monday, April 3, at 8 p.m. I
A true copy.
Attest: � ,�
����J�,.-F—�.c ✓ �� �� � A �
----�---------�---�_`�.,
Bernice H. Fallic�.
� Town Clerk '
I
--------- ---------- -------- ---------.—.._. ___----
�--
���
ADJOURNED SESSION - 1989 ANNIIAL TOWN I�3EETING ,
APRIL 3, 1989
The meeting was called to order by Moderator Margery M. Battin, at
8:00 p.m. , in Cary Memorial Hall.
There were 181 Town Meeting Members present.
8:00 p.m. The invocation was offered by Reverend Bill Gardner of
the Reorganized Church of Jesus Christ Latter Day Saints.
8:04 p.m. The Moderator declared a formal recess. Senator Kraus
�ipresented the National Merit Finalists from Lexington High School.
�__ 8:09 p.m. The Moderator declared the meeting to be in order.
-----------------------------------
ARTICLE 2. REPORTS
John Oberteuffer stated that the School Committee would be
holding an information meeting on the Computer Program on
April 13.
-----------------------------------
ARTICLE 25. WESTVIEW CEMETERY DEVELOPMENT AND OPERATION
MOTION: That the sum of $86,000 be appropriated for the
development and maintenance of Westview Cemetery, and to passed
raise such amount $86,000 be transferred from the see below
Westview Cemetery Sale of Lots Fund.
8:12 p.m. Presented by Selectman Leo McSweeney.
8:13 p.m. Michael 0'Sullivan, Appropriation Committee,
recommended favorable action.
�- 8:14 p.m. Sheldon Spector, Capital Expenditures Committee,
recommended favorable action.
Following a voice vote at 8:15 p.m., the Moderator declared the
motion to have passed unanimously.
----------------------------------
ARTICLE 26. DPW BUILDING IMPROVEMENTS AND REPAIRS
MOTION: That the sum of $92,000 be appropriated for
making extraordinary repairs to the Public Works
building and for architectural services for an addition passed
to and remodeling of the existing Public Works building, see p.322
and that such amount be transferred from the Unreserved
Fund Balance.
8:16 p.m. Presented by Selectman Leo McSweeney.
8:17 p.m. Michael 0'Sullivan, Appropriation Committee, spoke in
favor on the entire sum.
8:18 p.m. Karen Dooks, Capital Expenditures Committee, stated
that the Committee was opposed to the $12,000 architectural study.
'` " Mrs. Dooks made the following motion:
That Article 26 be amended as follows:
l. Replace "$92,000" with "$80,000" not passed ,
2. Delete the words see p. 322
"and for architectural services for an addition to and
remodeling of the existing Public Works building"
�n2
' '�' (ADJOIIRNED SESSION,ANNIIAL TOWN MEETING,CONT.-APRIL 3, 1989)
8:20 p.m. Selectman McSweeney spoke against the amendment.
There were further questions and answers. �
i
8:25 p.m. Michael 0'Sullivan, Appropriation Committee, spoke I
against the amendment.
8:29 p.m. Following a voice vote, the Moderator declared that the
amendment offered by Mrs. Dooks was not adopted. �
I
Following a voice vote at 8:30 p.m., the Moderator declared that �
the motion offered by Mr. McSweeney was adopted.
I
!
ARTICLE 27. POLICE STATION ALTERATIONS
MOTION: That the sum of $63,912 be appropriated to
remodel and reconstruct and purchase additional passed �
equipment for the Police Station building, and that see below '�
such amount be raised in the tax levy. notice of recon.
p.323 j
8:30 p.m. Presented by Selectman William Dailey '
8:31 p.m. Michael 0'Sullivan, Appropriation Committee, spoke in
favor. '
i
8:22 p.m. Nicholas Cannalonga, Capital Expenditures Committee, ;
spoke in favor. �
Questions followed as to priority, availability of state funds, �
and specific allotments of money. ,
Following a voice vote at 8:39 p.m. , the Moderator declared the
motion to have passed unanimously.
I
----------------------------------- ;
ARTICLE 28. FIRE TRUCK PURCHASE i
MOTION: That the sum of $176,550 be appropriated to ��
purchase a new fire engine, that such amount be raised passed �
in the tax levy, and that the Selectmen be authorized to see below �
trade in or sell an existing fire engine with the
proceeds to be applied to the new fire engine.
�
8:39 p.m. Presented by Selectman Leo McSweeney.
8:41 p.m. Michael 0'Sullivan, Appropriation Committee, spoke in
favor. �'
8:41 p.m. Richard Perry, Capital Expenditures Committee, i
recommended favorable action. �
Questions and answers followed on depreciation and fixed asset i
accounting. ,
Following a voice vote at 8:44 p.m., the Moderator declared i
unanimous passage of the motion. !
; ,
',
�
— - ------------------ T ---- ------------_---------_----:--_
���
-. �
(ADJOIIRNED SESSION,ANNUAL TOWN MEETING,CONT.—APRIL 3, 1989)
ARTICLE 29. AMBULANCE PURCHASE
MOTION: That the sum of $81,320 be appropriated to passed
purchase a new ambulance, and that such amount be see below
raised in the tax levy.
�^ 8:44 p.m. Presented by Selectman Leo McSweeney.
1 '.
�__ 8:47 p.m. Paul Hamburger served Notice of Reconsideration on
Article 27.
8:47 p.m. Michael 0'Sullivan, Appropriation Committee, spoke in
favor of Article 29.
8:48 p.m. Richard Perry, Capital Expenditures Committee, spoke in
favor.
Following a voice vote at 8:50 p.m. , the Moderator declared
unanimous passage.
-----------------------------------
ARTICLE 30. UNDERGROUND TANK TESTING
MOTION: That the sum of $26,750 be appropriated to passed
test Town owned underground fuel storage tanks, and see below
that such amount be raised in the tax levy.
8:51 p.m. Presented by Selectman Jacquelyn Smith.
8:52 p.m. Michael 0'Sullivan, Appropriation Committee, spoke in
favor.
i
8:52 p.m. Richard Perry, Capital Expenditures Committee, spoke in
-1 favor.
8:53 p.m. Joel Adler, Conservation Commission, stated support.
8:54 p.m. Fire Chief John Bergeron explained the expected program
for excavating and replacing the tanks and the possibility of
having to come back for additional funding.
The Town intends to replace steel tanks with fiberglass.
Following a voice vote at 8:56 p.m. , the Moderator declared
unanimous passage.
ARTICLE 31. FINANCIAL OPERATIONS SOFTWARi
MOTION: That the sum of $200,000 be appropriated to
purchase computer software for the Financial passed
Department, and that such amount be transferred from the p-324
Unreserved Fund Balance.
� 8:56 p.m. Presented by Selectman Paul Marshall.
9:05 p.m. John Ryan, Comptroller, explained the desire to
purchase databased software to run on the Vax 750 and specific
problems with the current system.
9:14 p.m. Michael 0'Sullivan, Appropriation Committee,
recommended favorable action.
9:17 p.m. Paul Hamburger, Capital Expenditures Committee, spoke
in favor.
���
(ADJOIIRNED SESSION,ANNIIAL TOAN MEETING,CONT.-APRIL 3, 1989)
Questions and answers followed.
9:36 p.m. Brian Adley, Pr 9, moved the question.
Following a voice vote at 9:37 p.m. , the Moderator declared that I
the main motion would be before the Meeting.
Following a voice vote at 9:37 p.m., the Moderator declared the i
motion offered by Mr. Marshall to have passed. I
I
----------------------------------- �
I
ARTICLE 32. LINCOLN STREET DEVELOPMENT �
MOTION: That the sum of $60,000 be appropriated to
construct a restroom facility at the Lincoln Street Postponed
Playground as determined by the Recreation Committee see below
with the approval of the Board of Selectmen, and that Ipp _ p.349 I
such amount be raised in the tax levy.
9:38 p.m. Presented by Carolyn Wilson, Recreation Committee.
�
9:44 p.m. Michael 0'Sullivan, Appropriations Committee,
recommended unfavorable action.
i
9:45 p.m. Karen Dooks, Capital Expenditures Committee, spoke in
favor but stated the intent to serve Notice of Reconsideration if
passed.
1
Discussion pro and con followed.
10:02 p.m. Robert Whitman moved to postpone action on Article 32 ;
until after completion of Article 38. ;� ,
His intent was to allow time for further study.
..J
Following a voice vote at 10:04 p.m. , the Moderator declared
�
Article 32 postponed until after Article 38. �
-----------------------------------
�
ARTICLE 33. HARRINGTON FIELDS DEVELOPMENT I
MOTION: That the sum of $180,000 be appropriated to passed
reconstruct and rehabilitate the two multi-purpose see p. 325
playing fields at Ha.rrington School as determined by the notice of recon. �
Recreation Committee with the approval of the Board of see p. 325 '�
Selectmen, and that such amount be raised in the tax
levy. �I
10:05 p.m. Presented by Brian Adley, Recreation Committee. not. of recon. '
see p. 355
10:09 p.m. Michael 0`Sullivan, Appropriation Committee, spoke in did not prev�.il
favor. p.355 �
10:09 p.m. John Eddison, Board of Selectmen, stated that the j
Board took no position at this time but would serve Notice of r I
Reconsideration if the article passed at this time. �
l
�
10:10 p.m. Karen Dooks, Capital Expenditures Committee, stated
the same position. �,
Questions and answers followed as to user fees, DPW involvement
vs. private vendors, safety.
�
325
(ADJOIIRNED SESSION,ANNUAL TOWN MEETING,CONT.-APRIL 3, 1989)
10:19 p.m. James McLaughlin, Pr 8, declared his intent to
abstain.
Following a voice vote at 10:29 p.m., the Moderator declared the
motion offered by Mr. Adley to have passed.
�� A sufficient number of inembers stood to doubt the vote and the
� following standing vote was tallied:
Precinct Yes No Abstain
1 15 3
2 12 4 1
3 10 5 �
4 7 10
5 8 8
6 11 6
7 6 10
8 8 7 1
9 11 4
At large 18 2
Totals 106 59
At 10:34 p.m. the Moderator declared passage of the motion.
At 10:34 p.m. John Eddison, Board of Selectman, served Notice of
Reconsideration.
At 10:34 p.m. Jacquelyn Smith, Board of Selectman, moved
' Adjournment until Wednesday, April 5, at 8 p.m.
,
�__-
A true copy.
Attest: ` %�x /
� j <
H�
Bernice H. Fallick, Town Clerk
;
���
ADJOIIRNED SESSION - 1989 ANNUAL T0� �����fi�
RIL ,
The meeting was called to order by Moderator Margery M. Battin, at
8:00 p.m. , in Cary Memorial Hall.
There were 182 Town Meeting Members present. �
;
8:00 p.m. The invocation was offered by Howard Clark, Senior
Minister, Grace Chapel. ;
The Moderator asked Town Meeting to stand in memory of former '
member and town employee James Cataldo. ; � �
�
8:04 p.m. The Moderator declared a formal recess. �,
Selectman Leo McSweeney spoke on center safety efforts.
Ed Barsamian presented further information on the crosswalk �
safety.
8:06 p.m. The Moderator called the meeting to order.
ARTICLE 2. REPORTS '
8:08 p.m. Selectman Jacquelyn Smith reported for the Waste 1
Management Task Force. Richard Spiers explained additional
programs. '
8:25 p.m. Sam Nablo, Field Study Sub-Committee of the Recreation
Committee, reported on maintenance and rehabilitation of playing
fields.
I
8:28 p.m. Judith Uhrig, Planning Board, spoke on the status of
Planning Board articles. �
------------------------- �
� ,
ARTICLE 34. PLAYGROUND EQUIPMENT i 1 i
MOTION: That the sum of $10,000 be appropriated to � �
purchase and install playground apparatus at selected passed
playgrounds as determined by the Recreation Committee see below
with the approval of the Board of Selectmen, and that I
such amount be raised in the tax levy. ;
8:31 p.m. Presented by Sam Nablo. I
8:33 p.m. Michael 0'Sullivan, Appropriation Committee, spoke in j
favor. �
1
8:34 p.m. John Eddison, Board of Selectmen, spoke in support. �
Discussion followed.
�
Following a voice vote at 8:41 p.m. , the Moderator declared
passage of the motion.
�
�
�
� I
� '�
�
I
,
__-- -- - - ----�- --- -
327
(ADJOIIRNED SESSION,ANNIIAL TOWN NIEETING,CONT.-APRIL 5,1989)
ARTICLE 35. LEXPRESS MINI-BUS TRANSPORTATION SYSTEM
MOTION: That the sum of $250,000 be appropriated for a
local transportation system, that such amount be raised
in the tax levy, and that the Selectmen be authorized to passed
apply for, accept and expend funds from the M.B.T.A. or see below
any other governmental agency in connection with such
� local transportation system, and to contract with a
; private transit company to provide transportation
- services.
8:42 p.m. Presented by Selectman John Eddison.
8:45 p.m. Bill Mix, Chairman of the Transportation Advisory
Committee, spoke for Lexpress. �
8:54 p.m. Michael 0'Sullivan, Appropriation Committee, spoke in
favor.
Following a voice vote at 8:55 p.m. , the Moderator declared
passage of the motion.
ARTICLE 36. HAZARDOUS WASTE COLLLECTION
MOTION: That the sum of $32,000 be appropriated for a
contract with a licensed hazardous wastes transport,
storage and disposal company or by other methods to passed
collect and dispose of residential hazardous wastes; see below
that such amount be raised in the tax levy; and that the
Selectmen be authorized to select the contractor and to
; set user fees and take all other steps necessary to
carry out this project.
8:56 p.m. Presented by Selectman Jacquelyn Smith.
9:01 p.m. Michael 0'Sullivan, �Appropri'ation Committee, spoke in
favor.
_ Questions followed as to toxicity and possible expansion of
collection hours.
Following a voice vote at 9:10 p.m., the Moderator declared
passage of the motion.
-------------------------
ARTICLE 37. POLICE DEPARTMENT ACCREDIDATION
MOTION: That the sum of $20,000 be appropriated to
provide for the certification of the Police Department passed
by the Commission on Accreditation for Law Enforcement see p. 328
Agencies, and that such amount be transferred from the not. of recon.
Unreserved Fund Balance. P.328
9:10 p.m. Presented by Selectman William Dailey.
_. 9:1T p.m. Edith Flynn, Police Manual Policy Committee, presented
an explanation.
9:21 p.m. Michael 0'Sullivan, Appropriation Committee, spoke in
favor. -
Discussion followed as to points for accredidation, community
involvement, availability of manual.
��8 . ,
(ADJOIIRNED BESSION,ANNUAL TOWN MEETING,CONT.-APRIL 5,1989)
Following a voice vote at 9:37 p.m: ; tlie Moderator decla=ed '
passage of the motion.
9:38 p.m. Daniel Lucas, Pr. 2, served Notice of Reconsideration � '
on Article 37.
------------------------- i
,--� ;
I I ;
ARTICLE 38. MISCELLANEOUS SCHOOL ARTICLE i ''t �
._..1
9:38 m. John Oberteuffer ScHooT De artment mo�ed �
P' � P � passed see below
postponement until April 26 when Article 38 wi1T be i
brought up first.° � for article as
passed see p.348
Following a voice vote at 9:38 p.m. , the Moderator declared
postponement. �
------------------------- �
ARTICLE 39. CONSERVATION COMMISSION LAND ACCEPTANCE i
. ,
MOTION: That the Town accept as a gift, a parcel of '
land �shown as Lot 23 on Assessors' Propert Ma 86 now
Y P �
or formerly of Harmon S. White and Edward Green, for passed '
conservation purposes, including outdoor recreation as see below
provided by Section 8C of Chapter 40 of the General � i
Laws, as amended.
9:39 p.m. Presented by Joel Adler, Conservation Commission. �
9:47 p.m. Selectman John Eddison voiced unanimous support of the
Selectmen. r--� �
I '
Discussion followed as to elimination of the developable parcel iJ �
adjoining in Burlington, the possibility �of affordable housing vs. ;
the power lines.
Following a voice vote at 9:49 p.m., the Moderator declared j
unanimous passage. �
I
------------------------- ;
ARTICLE 40. CONSERVATION COMMISSION LAND ACCEPTANCE
i
� I
MOTION: That the town accept as a gift, a parcel of �
land shown as Lot 131 on Assessors' Property Map 63, passed �
known as the Woodland Bird -Sanctuary, for conservation see below
purposes as provided by Section 8C of Chapter 40 of the i
General Laws as amended. �'
9:50 p.m. Presented by Joel Adler, Conservation Commission. _ I
9:55 p.m. John Eddision, Board of Selectmen, unanimously endorsed- . I
the motion. -
Following a voice vote at 9:55 p.m., the Moderator declared
unanimous passage. '�?
I' � ;
....�
i
�
i
�
-;�,.
._,i ,�:
(ADJOURNED SESSION,ANNIIAL TOWN MEETING,CONT.-APRIL 5,1989) "
ARTICLE 41. ZONING-BY-LAW, TEC$NIC�1L CORRECTIONS .
9:56 p.m. Karsten Sorensen, Planning Board, moved that this
postponement
article-be postponed until April 10. passed
Following a voice vote at 9:57 p.m., the Moderator declared the see this page
, see p. 332
� motion to postpone to have passed.
� � ------------------------- . • ,
``_' ,
ARTICLE 42. ZONING BY-LAW, HALF STORY I'
' 9:58 p.m. Karsten Sorensen, Planning Board, moved that this IPP see ,
article be indefinitelq postponed. this page
Following a voice vote at 9:59 p.m., the Moderator declared the
motion to indefinitely postpone to have passed.
-------------------------
ARTICLE 43. ZONING BY-LAW, INSTITUTIONAL UBES
9:59 p.m. Karsten Sorensen,-Planning Board, moved .postponement Postponement '
of this article until after Article 41. passed, see
- this page
Following a voice vote at 9:59 p.m.:; the Moderator declared
passage of the motion to postpone. see p.338 ,
as passed
ARTICLE 44. . ZONING BX-LAW, CRO TO CD AND RO; MARRETT ROAD ,
,.�.,, (SHERATON)
� I
10:00 p.m. Karsten Sorensen, Planning Board, moved to postpone post. passed
t -' this article until April 24 when it would, be .first on the agenda. see this page
Following a voice vote at 10:00 p.m. , the Moderator declared see p. 346
passage of the motion to .postpone.
see p. 356
ARTICLE 45. ZODTING BY-LAW, CRO TO CD, HARTWELL AVENUE (HILTON)
, postponement
10:00 p.m. Ka.rsten Sorensen, Planning Board, moved to postpone passed,see
this article until April 12 when it would be first on the agenda. this page
Following a voice vote at 10:00 p.m., the Moderator declared see p.341
passage of the motion to pos.tpone.
see p. 355 '
-------------------------
ARTICLE 46. ZONING BY-LAW, CONCENTRATION OF AFFORDABLE HOUSING IN
RS DISTRICTS
10:01 p.m. Lee Ann Kay moved to postpone this article until after post.passed
Article 43 on,April 10:. see��.;�s page
� '
� � Following a voice vote at 10:01 p.m. , the Moderator declared see p.339
�� � passage of the motion to postpone.
n
;��
(ADJOIIRNED SESSION,ANNIIAL TOWN MEETING,CONT.-APRIL 5,1989)
�
ARTICLE 47. GENERAL BY-LAW - BUDGET SUBMISSION
i
MOTION: That Article VI of the General By-Laws of the !
Town of Lexington be amended by adding a new section 12 passed
thereto as follows: see this page
Section 12. The Town Manager shall annually submit to i
the Selectmen, the Appropriation Committee, and the
Capital Expenditures Committee for their consideration a
proposed budget, revenue statement and tax rate estimate
on or before January 15. �
i
10:02 p.m. Presented by Selectman Jacquelyn Smith. �
Richard White, Town Manager, presented background. �
10:08 p.m. Michael 0'Sullivan, Appropriation Committee, stated no
opposition. I
Discussion followed. I
Following a voice vote at 10:12 p.m., the Moderator declared '
uananimous passage.
------------------------- I
i
ARTICLE 48. GENERAL BY-LAW - BUDGET SUBMISSION PRESENTATION '
i
MOTION: That Article VI of the General By-Laws of the passed I
Town of Lexington be amended by adding a new section 13 see this page
thereto as follows:
,�� I
Section 13. The Selectmen shall submit a budget at the i '
Annual Town Meeting. �
and that Article XIII of the General By-Laws of the I
Town of Lexington be amended by deleting the words �
"present and" from Paragraph 2 of Section S. !
�
i
10:12 p.m. Presented by Sam Silverman, Pr. 5. I
10:16 p.m. Michael 0'Sullivan, Appropriation Committee, spoke in
favor.
I
I
Following a voice vote at 10:17 p.m., the Moderator declared �
passage, majority vote.
�
10:17 p.m. Joel Adler, Pr. 1, served Notice of Reconsideration. �
------------------------------
ARTICLE 49. GENERAL BY-LAW - COMMITTEE PURPOSE 'I
MOTION: That the Town adopt the following resolution: not passed �
see p.331 ��
Resolved that Town Meeting shall concern itself only
with matters which have a clear and direct connection or
relationship to the operation and functioning of the i
Town, and that all matters not so connected or related ;
be indefinitely postponed. �
I further move that the Town Clerk provide each new
Town Meeting Member as well as every primary proponent
of a citizens' article with material embodying the
substance of this resolution. '
�
331
(ADJOURNED SESSION,ANNIIAL TOWN MEETING,CONT.-APRIL 5,1989)
10:18 p.m. Presented by Sam Silverman, Fr.S, who gave background
information.
10:25 p.m. Selectman John Eddison moved to postpone to the next
Town Meeting on April 10.
Discussion followed.
� Following a voice vote at 10:31 p.m., the Moderator declared the
' motion to postpone to have failed. �
j
Discussion on the resolution continued. �
I
10:34 p.m. Frank Sandy, Pr.6, moved indefinite postponement.
Discussion on indefinite postponement or defeat of the article
continued.
10:41 p.m. Sheldon Spector, Pr.8, moved the question.
' Following a voice vote at 10:43 p.m., the Moderator ruled the main
question to be before the meeting.
Following a voice vote at 10:43 p.m., the Moderator declared that
the motion to indefinitely postpone as offered by Mr. Sand_y _ had
not passed.
Following a voice vote at 10:44 p.m., the Moderator stated that
Article 49 had not been adopted.
� ARTICLE 50. GENERAL BY-LAW - BUDGET SUBMISSION TIMETABLE
-- MOTION: That this article be indefinitely postponed. Ipp
see this page
10:45 p.m. Presented by Sam Silverman, Pr. 5.
Following a voice vote at 10:45 p.m. , the Moderator declared the
motion to have passed and the article to be indefinitely
postponed.
-------------------------
10:45 p.m. Selectman Jacquelyn Smith moved that the meeting be
adjourned until Monday, April 10, at 8 p.m.
�
A true copy.
Attest: �
Bernice H. Fallick, Town Clerk
i
�iD�J�LuRNED SESSION - 1989 ANNIIAL TOAN 1�3EETING
APRIL 10 , 1989
he meeting was called to order by Moderator Margery M. Battin, at '
:00 p.m. , in Cary Memorial Hall.
here were 185 Town Meeting Members present.
:00 p.m. The invocation was offered by Reverend Monsignor John
eilty, Saint Brigid's Church.
RTICLE 2. REPORTS
:13 p.m. Michael 0`Sullivan, Appropriation Committee, explained �
he blackboard. ' ,
:16 p.m. Judith Marshall, Pr.6, urged members to visit the �
�usehold hazardous waste display in the lobby. ,
:17 p.m. Frank DiGiammarino, presented the Cable TV and I
ommunications Advisory Committee report.
:19 p.m. Judith Uhrig, Planning Board, presented a status
eport. �
------------------------ I
�
RTICLE 41. ZONING BY-LAW, TECHNICAL CORRECTIONS '
:21 p.m. Karsten Sorensen, Planning Board, moved that the Report
f the Planning Board on Article 41 be accepted and placed on I
ile. ,
ollowing a voice vote at 8:21 p.m. , the Moderator stated that the passed �
eport had been accepted and placed on file. see p. 336 i
Notice of recon. I
:22 p.m. - Motion as presented by Karsten Sorensen: p.336 �
;
hat the Zoning By-Law be amended in various sections, as follows: I
i
mendment 1 A1 In Section 2, DEFINITIONS, in the definition, �
CONVENTIONAL SUBDIVISION" , by striking out the words: "Rules and I
.egulations" and by inserting in place thereof the words: '
Development Regulations" so that part of the definition will j
ead: ' .. .in accordance with. . .the Planning Board's "Development ;
egulations" .
mendment 2 A2 In subsection 3.1 BUILDING COMMISSIONER: �
n the title, by striking out the words "BUILDING COMMISSIONER" j
nd by inserting in place thereof the words "ADMINISTRATION,
�NFORCEMENT"; �
n the first paragraph OF SUBSECTION 3.1 by striking out the words :
Chapter 802 and" in every other location throughout the Zoning
�y-Law, except as specified below, where the words "Building I
;ommissioner" appear, they shall be deleted and replaced by the '
rords "Zoning Officer" and where the words "he" or "him" appear in
eference to the Building Commissioner, they shall be deleted and �
•eplaced by the words "he/she" or "him/her"; ;
n subparagraph 3.1.2 BUILDING PERMITS, by striking out the fzrst �
entence only and inserting in place thereof: " Applications for �
�uilding permits, and certificates of occupancy shall be filed ' �
rith the Building/Inspection Department on forms furnished by it." � '
i
_ -
-3�3
(ADJOIIRNED SESSION,ANNIIAL TOWN MEETING,CONT.-APRIL 10,1989)
Amendment 3 - A3 In subparagraph 3.1.1 PENALTY, in the first
sentence, by adding the words: "or of any condition of a
variance, a special permit or a special permit with site plan
review," after the words ". ..violates a provision of this By-
Law.. ." so that the sentence, as amended will read " Anyone who
violates a provision of this By-Law, or of any condition of a
variance, a special permit or a special permit with site plan
� review, shall be punishable by a fine of not more than one hundred
�
� dollars ($100) for each offense. .. ." (remainder unchanged) .
i
-J Amendment 4 -A4 In subparagraph 3.5.1.2 ACCEPTANCE OF
APPLICATION:
in the first paragraph by adding a new third sentence, as follows:
� "The determination that an application is complete means that the
required plans, maps, studies, analyses, exhibits and other
documents have been submitted and is not a determination that the '
proposed use, building or development complies with the Zoning By-
�
Law and does not relieve the applicant of the obligation to do
so. ';
in the third paragraph, by adding at the end the words: "and to
the same time periods as if it were a new application." so that
the sentence, as amended will read: "If a revised application is
submitted, it shall be considered to be a new application and
shall be subject to the same procedures and determinations as to
completeness as are set forth above and to the same time periods
as if it were a new application.";
in the fourth paragraph, in the third line, by inserting the
words: ",or revised application," after the words: .. .until the
application.. .." so that the sentence will read: "The time
periods set forth in this By-Law and Chapter 40A, MGL, during
which the SPGA shall notify parties in interest, hold a public
� hearing and issue a decision will not start until the application,
�` or revised application, is considered to be complete."
I ',
� A5 - In subparagraph 4.1.5 in the third sentence, by striking out
the words "building or occupancy permit" and by inserting in place
thereof the words: "building permit or certificate of occupancy" ,
and in subparagraph 10.1.2, by striking out the words "building
permit, occupancy permit" and by inserting in place thereof the
words: "building permit or certificate of occupancy".
A6 - In subparagraph 5.2.7.1b, by striking out the existing
wording and inserting in place thereof the folTowing: "the
structure was in existence on January 1, 1983 and had at least 500
square feet of gross floor area at that time;";
A7 - In subparagraph 5.7.2 SATELLITE RECEIVING ANTENNA, by adding
a new subparagraph c, as follows:
"c. Where the SPGA determines any of the conditions set forth in
5.7.2b operate to prevent reception of satellite transmitted
signals by the receiving antenna, the SPGA may issue a special
permit to locate the antenna elsewhere on the lot, or on a
building; where it may receive such signals."
A8 - In subparagraph 7.3.3 DESIGNATION OF FRONTAGE STREET, by
striking out the first sentence in its entirety and by inserting
in place thereof a new sentence, as follows: "When a lot is
bounded by more than one street, any one of them but only one, may
be designated as the frontage street provided that the street
: meets the requirements for minimum lot frontage set forth in this
By-Law."
���(ADJOURNED SESSION,ANNUAL TOWN MEETING,CONT.-APRIL 10,1989)
- n ra ra h 7.5.2 STRUCTURES OTHER THAN BUILDINGS in
A9 I subpa g p ,
the third paragraph, by adding the words: "allowed by Table 2 for
the district in which the structure is located," and by inserting ,
a comma after the word "above" in the third line, so that the ,
sentence, as amended, will read: "The Board of Appeals may grant '
a special permit for structures, but not buildings, to exceed the
maximum height in feet, allowed by Table 2 for the district in
which the structure is located, or the percentage of horizontal
coverage of structures erected on a building, specified above, 1_� �
provided it makes a determination that the structure is compatible
with the scale of the neighborhood and does not intrude on the j �
solar access of any adjoining lot." �� '
�
A10 - In subparagraph 9.2.11 2) in the fourth line, by striking i
out "7.1.1" and inserting in place thereof "7.1.4" .
All - In subparagraph 9.2.12, in the fourth line, by striking
out the words "after the effective date of this provision" and by
inserting in place thereof the words: "after May 4, 1987" .
- I
Al2 - In paragraph 11.3.1, which deals with the number of
required parking spaces, in the column headed TYPE OF USE, by
changing the description of the use in a number of places to i
correspond to the listing of uses in TABLE 1 PERMITTED USES AND
DEVELOPMENT STANDARDS, as follows:
by deleting the existing line "2) c Dormitory, group I
quarters 0.5 per bed" and by inserting a new line "1) g
Rooming house, group quarters 0.5 per bed";
i
�
by inserting a new line "2) c Day care center, nursery i
school, kindergarten 1 per 500 s.f.";
in line 2) d by striking out the word: "auditorium" and by I
inserting the word: "service" between the words: "community" ! �
and "center" so that it reads "community service center"; �,
�
in line 2) f by striking out the words: "Public" before the
word "library" and under the column headed PARKING FACTOR by �
striking out the words: "of floor area open to the public"
so that line 2) f as amended will read: "2) f Library, art
gallery, museum and other non-recreational public facilities I
1 per 600 s.f." ; ;
in line 2) g by striking out the words "related uses" and by
inserting in place thereof the words: "other institutional i
uses";
by striking out line 2) h in its entirety; '
I
by inserting a new line "4) a Office uses (except as
otherwise classified) 1 per 250 s.f.";
�
in line 5) a by striking out the words: "Retail uses and �
consumer service establishments" and by inserting in place i
thereof the words: "Personal services, business services,
retail sales and rental uses" so that the line as amended '
will read "Personal services, business services, retail sales �
and rental uses (See Table 1, Section 7.0 and 8.0 except as � �
otherwise classified)"; �
335
(ADJOIIRNED SESSION,ANNUAL TOWN MEETING,CONT.-APRIL 10,1989)
in line 6) c by striking out the wor�.s: "Automotive service
garage" and by inserting in place thereof the words: " Motor
vehicle related sales and service uses" and under the column
headed PARKING FACTOR by adding the words: "work station or
pump island" so that part of the line, as amended, will read:
"2 per bay, work station or pump island";
in line 7) a by deleting the words: "and other eating or
� food seruice uses";
, ,
-- in line 7) b by inserting the words: "or fast food" after
� the word "take-out" so that the line, as amended, will read:
i
"Take-out or fast food service"
in line 8) a by deleting the words: " , or other public
assembly";
in line 10) by striking out the word: "Industrial" and by
� inserting a new line 10) a as follows: "a. Manufacturing, -
research laboratory" and under the column headed PARKING
FACTORS "1 per 500 s.f."
in line 11) by striking out the words: "Warehouse, Wholesale
Uses" and by inserting in place thereof the words:
"Construction, Storage, Distribution and Industrial Service
Uses";
In paragraph 11.3.3, which deals with the number of required
loading bays, in the column lieaded TYPE OF USE, by changing the '
description of the use in a number of places to correspond to the
listing of uses in TABLE 1 PERMITTED USES AND DEVELOPMENT
STANDARDS, as follows:
i in line 4) by deleting the words: "Retail Business" and by
, inserting in place thereof the words: "personal, business
�= service uses, retail sales or rental uses"
in line 6) by striking out the words: "industrial uses" and
by inserting in place thereof the words: "construction,
storage,. distribution and industrial service uses";
A13 - In paragraph 11.4.1 which deals with the location of
required off-street loading bays, by striking out the words
"...and loading bays. . ." after the words "parking spaces" in the
first lines and by inserting the words: ", and loading bays shall
be provided next to, . .." before the words "principal or accessory
use" so that the sentence, as amended, will read: "Required off-
street parking spaces shall be provided on the same lot as, and
loading bays shall be provided next to, the principal or accessory
use they are required to serve. .."(remainder of sentence
unchanged.)
A14 - In subparagraph 11 .8c, in the third line of the first
sentence, by deleting the words: "both in a commercial district"
and by inserting in place thereof the words: "when both lots are
in a residential district(s) or when both lots are in a commercial
district(s) ,. .." so that the sentence, as amended will read: [the
Board of Appeals may grant a special permit. ..] "c. To allow a
' driveway on one lot to lead to a parking space or loading bay on
" another lot, or to allow a driveway to straddle the lot line and
- serve a parking space or a loading bay on two or more lots, when
both lots are in a residential district(s) or when both lots are
in a commercial district(s) , provided a binding agreement,
satisfactory in form to the Town Counsel, is executed and is filed
iri the Registry of Deeds of Middlesex County."
I
�t�� (ADJOURNED SESSION,ANNUAL TOWN MEETING,CONT.-APRIL 10,1989)
I
�
A15 - In TABLE 2 SCHEDULE OF DIMENSIONAL CONTROLS, in footnote
"k" by adding a new second sentence, as follows: "A dwelling
which has a gross floor area of 2500 square feet or more is �
required to have a greater minimum side and rear yard; see ��
paragraph 9.2.12." �
Discussion followed.
Following a voice vote at 8:34 p.m. , the Moderator declared �
unanimous passage. '
i
i
8:34 p.m. Karsten Sorensen se.rved Notice of Reconsideration on I
Article 41. �
-------------------------
ARTICLE 43. ZONING BY-LAW, INSTITUTIONAL USES
8:35 p.m. - Martha Wood, Planning Board, moved that the Report on See p.338 &339
Article 43 be accepted and placed on file. for Article 43 as �
amended & passed
Following a voice vote at 8:35 p.m., the Moderator stated that the
Report on Article 43 had been accepted and placed on file. j
8:35 p.m. Motion as presented by Martha Wood.
I
That the Zoning By-Law be amended: ,
i
A. in Table 2, SCHEDULE OF DIMENSIONAL CONTROLS,
I
1) in the line, Minimum Rear Yard in the columns headed "R0, �j
RS&RT" by inserting "(e)" under the numbers in the column and in � 1 �
footnote e, by inserting as a new first sentence the following: ,�
"For institutional uses (see Table 1, lines Z.11 through 2.19) the !
minimum setback for a building shall be the greater of 25 feet or
a distance equal to the height of the building as defined in
subsection 7.5." and in the existing wording which will become the
second sentence by striking out the words "non-residential uses
permitted by special permit" and by inserting in place thereof: I
"other non-residential uses (see Table 1, lines 3.11 through 3.15
and 4.11 through 4.14)"
2) in footnote c in the second sentence, by adding the words: ;
"or in the case of non=residential uses {see Table 1, lines 2.11 j
through 4.14) located in the R0, RS or RT districts ," after the 1
words ". . .laid out after January 1, 1987, . . ." so that the
sentence, as amended will read: "In the case of a street laid out �
after January 1, 1987, or in the case of non-residential uses
(see Table 1, lines 2.11 through 4.14) located in the R0, RS or RT �
districts, the minimum front yard facing all streets shall be the ,
same as that for the frontage street."
I
3) in the line Maximum Height Public and Institutional Buildings
in the columns headed "R0, RS&RT and RM&RD" by striking out the �
number "3" opposite "Stories" and by inserting in place thereof j
"2.5" and by striking out the number "45" opposite "Feet" and by �
inserting in place thereof "40". � �
-------__-- --- -
- ----------
------ -_---- ---------
-
337
(ADJOIIRftED SESSION,ANNIIAL TOWN 1KEETING,CONT.-APRIL 10,1989)
B. In subsection 10.3, which deals with land.scaped transition
areas, in the second sentence of the first- paragraph, by de.leting
the word "dwellings" and inserting in place thereof the word
"buildings" so that the clause will read: ".. .a landscaped
screening and transition area... shall be installed only along
those segments of lot lines necessary to screen the non-residen-
tial use from buildings located on abutting lots."
�`;
� i C. In the table in subparagraph 11.3.1, in line 2d Church,
_ � temple, auditorium, club, lodge, community center, in the column
� headed PARKING FACTOR, by striking out the number "10" and by '�
inserting in place thereof the number "6" so that the line, as
amended, will read: "1 per each 6 seats in the largest assembly '
area"
8:46 p.m. Julian Bussgang, Pr. 4, made the following motion:
that the Planning Board motion be amended by adding at the end of
Part C, a Part D, as follows:
D. in Table 2, SCHEDULE OF DIMENSIONAL CONTROLS, in the line
Maximum Floor Area Ratio (F.A.R.) , in columns headed "RO" , "RS & amend.
RT" and "RM & RD" under the symbol "NR" insert the symbol "i," and passed
in the footnote i delete the word "Reserved" and insert in place see this
thereof the sentence: page
"For institutional uses (see Table 1, lines 2.11 through
2.19) , the maximum Floor Area Ratio shall be 0.25."
Discussion followed.
Following a voice vote at 9:19 p.m. , the Moderator declared the
� motion offered by Mr. Bussgang to have been adopted.
(,�� Discussion continued.
9:25 p.m. Ephraim Weiss, Pr. 5, made the following motion:
at the end of part B, the period be preceded by the words: did not pass
"or on lots separated by a stret or right of way" see this page
Following a voice vote at 9:28 p.m. , the Moderator declared the
amendment offered by Mr. Weiss to have failed.
Discussion continued.
Following a voice vote on Sections A,B,C at 9:35 p.m. , which was
not unanimous, the Moderator called for a standing vote which was
tallied as follows:
Precinct Yes No
1 16 p
2 15 1 passage �cif
3 19 0 A.�,C
4 18 0
5 17 - p
6 15 0 •
7 15 2
8 14 p
-- 9 16 0
At large 22 p
Totals 167 3
�`�� (ADJOURNED SESSION,ANNIIAL TOWN MEETING,CONT.-APRIL 1Q,1989)
�
9:40 p.m. The Moderator declared passage of Sections A,B,C.
9:43 p.m. Arthur Smith, Pr.2, moved to table Section D.
Following a voice vote at 9:43 p.m. , the Moderator declared the '
motion to table as offered by Mr. Smith to have failed.
Discussion continued.
i� �
Following a voice vote at 9:47 p.m. , which was not unanimous, the ,
Moderator called for a Standing Vote on Section D, which was '� I
tallied as follows: I
�
Precinct Yes No I
— �
1 13 3
2 14 1
3 19 1
4 18 0 Passage of i
5 13 2 Section D
6 12 0
7 14 3 I
g 11 3 �
g 17 0
At large 16 5
---- ----
Totals 147 18 ,
' l
9:50 p.m. The Moderator declared Section D to have been adopted. ;
�
9:50 p.m. Peter Kelley, Pr. 4, served Notice of Reconsideration
of Article 43. i
-------------------------- i
ARTICLE 43 as amended and as passed: I
That the Zoning By-Law be amended:
�
A. in Table 2, SCHEDULE OF DIMENSIONAL CONTROLS, ',
1) in the line, Minimum Rear Yard in the columns headed "R0,
RS&RT" by inserting "(e)" under the numbers in the column and in
footnote e, by inserting as a new first sentence the following: �
"For institutional uses {see Table 1, lines 2.11 through 2.19) the j
minimum setback for a building shall be the greater of 25 feet or �
a distance equal to the heignt of the building as defined in
subsection 7.5." and in the existing wording which will become the ;
second sentence by striking out the words "non-residential uses
permitted by special permit" and by inserting in place thereof: I
"other non-residential uses (see Table l, lines 3.11 through 3.15 ,
and 4.11 through 4.14)"
2) in footnote c in the second sentence, by adding the words:
"or in the case of non-residential uses (see Table 1, lines 2.11
through 4.14) located in the R0, RS or RT districts," after the
', words " . ..laid out after January 1, 1987, . .." so that the
� sentence, as amended will read: "In the case of a street laid out
after January 1, 1987, or in the case of non-residential uses
(see Table 1, lines 2.11 through 4.14) located in the R0, RS or RT
districts, the minimum front yard facing all streets shall be the
same as that for the frontage street."
- - -------------
------- ___ —-
� ____.
------_—------------ -- - �
���
(ADJOIIRNED SESSION,ANNIIAL TOWN r3EETING,CONT.-APRIL 10,1989)
3) in the line Maximum Height Public and Institutional Buildings
in the columns headed "R0, RS&RT and RM&RD" by striking out the
number "3" opposite "Stories" and by inserting in place thereof
"2.5" and by striking out the number "45" opposite "Feet" and by
inserting in place thereof "40".
B. In subsection 10.3, which deals with landscaped transition
areas, in the second sentence of the first paragraph, by deleting
the word "dwellings" and inserting in place thereof the word
� "buildings" so that the clause will read: " . ..a landscaped
�._- screening and transition area.. . shall be installed only along
those segments of lot lines necessary to screen the non-residen-
tial use from buildings located on abutting lots."
C. In the table in subparagraph 11.3.1, in line 2d Church, I
temple, auditorium, club, lodge, community center, in the column '
headed PARKING FACTOR, by striking out the number "10" and by
inserting in place thereof the number "6" so that the line, as
amended, will read: "1 per each 6 seats in the largest assembly
area"
D. in Table 2, SCHEDULE OF DIMENSIONAL CONTROLS, in the line
Maximum Floor Area Ratio (F.A.R.) , in columns headed "RO" , "RS &
RT" and "RM & RD" under the symbol "NR" insert the symbol "i," and
in the footnote i delete the word "Reserved" and insert in place
thereof the sentence:
"For institutional uses (see Table 1, lines 2.11 through
2.19) , the maximum Floor Area Ratio shall be 0.25."
-------------------------------
ARTICLE 46. ZONING BY-LAW, CONCENTRATION OF AFFORDABLE HOUSING IN
RS DISTRICTS
=_- 9:52 p.m. Judith Uhrig moved that the Report of the Planning
Board be accepted and placed on file. did not
pass
Following a voice vote at 9:52 p.m., the Moderator stated that see this page
the Report of the Planning Board on Article 46 had been accepted
and placed on file.
MOTION: that the subject matter of the article be
committed to the Planning Board for further study and
that a report be submitted to the� 1990 Annual Town
Meeting.
9:52 p.m. Presented by Lee Ann Kay, Pr. 8.
10:00 p.m. William Spencer and James McLaughlin, Housing
Authority, expressed opposition.
10:14 p.m. Paul Marshall stated that the Board of Selectmen were
unanimously opposed.
Discussion followed as to implementation, limits imposed on town
�. actions, and possibility of delay.
' Mrs. Kay stated the intent to integrate affordable housing
�.."
throughout town avoiding economic segregation and citing policy
failures in the Reed Street area.
Following a voic� vote at 10:27 p.m., the Moderator declared
Article 46 not to have passed.
���
(ADJOIIRNED SESSION,ANNIIAL TOWN MEETING,CONT.-APRIL 10,1989) . ,
�
;
ARTICLE 51. EXPENDITURE OF SUBDIVISION CONSTRUCTION DEPOSITS
10:28 p.m. Judith Uhrig, Planning Board, moved that the Report of '
the Planning Board on Article 51 be accepted and placed on file. passed
see this page
Following a voice vote at 10:28 p.m., the Moderator stated that ;
the Report had been accepted and placed on file. �- ;
�
MOTION: That the town accept the next to last paragraph i
of Section 81U of Chapter 41 of the General Laws.
1
10:28 p.m. Presented by Judith Uhrig.
Discussion followed.
Following a voice vote at 10:41 p.m. , the Moderator declared
unanimous passage of the motion as offered by Mrs. Uhrig. �
------------------------------ j
�
�
Selectman Jacquelyn Smith moved adjournment until Wednesday, April
12, at 8 p.m. Following a voice vote at 10:41 p.m. , the Moderator
declared the meeting adjourned. ;
A true copy.
Attest:
I
- -------------- ------- ---------------- ;
Bernice H. Fallick, Town Clerk j
i
' I
i
i
i
I
I
1
�
i
I
--- — -- --- -------------- — ---------- ------- ----- -- —_—_..__
1-----
- - - - - - - - - _ - - - - - - - - - - - - - - - - - - - -
ADJOIIRNED SESSION - 1989 ANNIIAL TOWN MEETING f'1��
APRIL 12, 1989
The meeting was called to order by Moderator Margery M. Battin, at
8:00 p.m., in Cary Memorial Hall.
There were 178 Town Meeting Members present.
8:00 p.m. The invocation was offered by the Moderator.
Town Meeting observed a moment of silence im memory of former
member Stillman Williams.
(--' 8:04 p.m. The Moderator declared a formal recess.
�_ Town Counsel introduced Ruth Ellen Fitch of Palmer and Dodge who
will act as counsel in his absence.
Polly Woodworth, School Committee, presented Kevin McCarthy and
Sarah Brooks who had been chosen Teachers of the Year.
8:12 p.m. The Meeting was called to order. ',
ARTICLE 2. REPORTS
8:13 p.m. Paul Marshall, Board of Selectmen, stated the intent to
meet with Precinct 8 and Meagherville groups on the issue of
affordable housing.
Judith Uhrig, Planning Board, announced that further information
would be mailed regarding the Sheraton rezoning article.
John Oberteuffer, School Committee, announced a meeting on April
13 regarding the computer article.
-------------------------
'
ARTICLE 45. ZONING BY-LAW - CRO to CD, HARTWELL AVENUE
MOTION:
That the Zoning By-Law of the Town of Lexington be amended by
changing the district designation of the land commonly known passed
as 12-18 Hartwell Avenue from the CRO, Regional Office see p. 342
district to the CD - Planned Commercial district.
The land to be rezoned consists of an approximately S+ acre
site located entirely within the CRO -Regional Office not.of recon.
district and bounded northwesterly by Hartwell Avenue, p. 342
easterly by land now or formerly of Tektronix, Inc. ,
southeasterly by land now or formerly of Boston Edison moved
Company and westerly by land now or formerly of Mico Realty not.of recon.
Trust, said property being more fully described in metes and p. 355
bounds by a plan of the land entitled "Plan of Land in
Lexington, MA for Proposed Rezoning", dated December 27, 1988 did not
by the BSC Group, Bedford, MA and by a written metes and Prevail
bounds description, copies of which are on file with the Town P• 356
Clerk.
The land in the CD, Planned Commercial, district shall be
subject to the preliminary site development and use plan
; dated January 9, 1989, as amended and resubmitted on April 5,
_ : 1989, which has been filed with the Planning Board and the
Town Clerk, and in accordance with the provisions of the
Zoning By-Law of the Town of Lexington.
8:21 p.m. Presented by Peter Kelley, Pr. 4.
The Moderator recognized Peter Floyd who outlined the proposal.
�!��
(ADJOURNED SESSION,ANNIIAL TOWN MEETING,CONT.-APRIL 12,1989)
�
I
8:34 p.m. Judith Uhrig, Planning Board, moved that the Report of
the Planning Board on Article 45 be accepted and placed on file. �
Following a voice vote at 8:34 p.m. , the Moderator stated the
Report to have been accepted and placed on file. '
Lengthy discussion followed.
8:44 p.m. Jacquelyn Smith, Board of Selectmen, stated the I �
unanimous support of the Board. ,� �
-rt �
8:47 p.m. Michael 0'Sullivan, Appropriation Committee, 1
recommended favorable action. i
8:51 p.m. Sheldon Spector, Capital Expenditures, spoke in favor.
8:52 p.m. Polly Woodworth, School Committee, stated the support
of the Committee which was in favor of this new source of revenue.
' i
Various members spoke for and against. Issues were raised on
revenue, cost of fire and police services, traffic generated, �
zoning concessions to developers in return for money, the CD
concept, possible litigation, precedent setting, possible future
Ha.nscom Field development which might result, the hotel tax.
i
9:07 p.m. Caleb Warner, South Lexington Civic Association, spoke
against.
�
Richard Cooke, BSC, stated the traffic would be an equitable : i
situation with a slight increase for the entire day's traffic.
Responding to a question on the procedure for guaranteeing the I
money promised to the town, Robert Bowyer, Planning Board, cited ;^"
the preliminary site and use plan and the Board of Appeals as ;� i
vehicles. ��•�r�
i
10:00 p.m. The Moderator ruled Frederick Hagedorn, Pr. 1, out of
order for prefacing his request to move the question with remarks.
10:00 p.m. James McLaughlin, Pr. 8, moved the question. �
10:01 p.m. Following a voice vote, the Moderator stated the main
question to be before the Meeting.
Peter Kelley commented further. �
I
10:06 p.m. The Moderator called for a Standing Vote which was �
tallied as follows: �
Precinct Yes No
1 13 2 i
2 16 0
3 9 8
4 13 4
5 14 3
6 11 4
7 8 7
8 12 6 i �
9 9 10 i �
At large 21 3 3 abstentions �
Totals 126 47
10:12 p.m. The Moderator declared passage of Article 45.
10:12 p.m. Iris Wheaton, Pr.7, served Notice of Reconsideration.
{
--------------- ----------1 —__-- - - - --
����
•
(ADJOIIRNED SESSION,ANNIIAL TOWN MEETING,CONT.-APRIL 12,1989)
ARTICLE 59. CIVILIAN REVIEW BOARD
10:13 p.m. William Dailey, Board of Selectmen, asked for �Article
59 to be brought up out of order.
Following a voice vote, the Moderator ruled that Article 59 would
be brought up out of order.
' MOTION: That the Town establish a Civilian Review Board, did not
" consisting of three Lexington residents, appointed by the
Town Manager for staggered three year terms, whose purpose Pass
will be to oversee citizen complaints against the police by see this
providing a public forum for complainants and for making Page
recommendations to the Town Manager.
10:15 p.m. Presented by Deborah Kearney, Pr. 7. "
The Moderator recognized Peter Lucas, who commented on background '
information.
10:23 p.m. Thomas Culhane continued the presentation.
10:30 p.m. William Dailey, Board of Selectmen, spoke in oppostion
stating that channels were already in place to handle situtations
of the nature of this article.
10:42 p.m. Edith Flynn, Police Policy Ma.nual, spoke against.
Discussion continued for and against.
10:54 p.m. Richard White, Town Manager, spoke in opposition,
stating the board approach would be divisive and reactive.
11:01 p.m. Richard Michelson, Pr. 8, moved the question.
Following a voice vote at 11:01 p.m., the Moderator stated that
the main motion was before the i�Ieeting.
11:02 p.m. Deborah Kearney relinquished her time to Tom Culhane
for further comments. '
11:05 p.m. Richard Barry asked for a roll call vote. Town
Meeting voiced opposition.
Following a voice vote at 11:06 p.m., the Moderator declared that
the motion had not been adopted.
11:06 p.m. Jacquelyn Smith, Board of Selectmen, moved adjournment
to Monday, April 24, at 8 p.m.
Following a voice vote, the Moderator declared adjournment.
A true copy. �
Attest: �
----------------- -�--------------
Bernice H. Fallick Town Clerk
���
�_. : �
ADJOIIRNED SESSION - 1989 ANNUAL TOWN MEETING
APRIL 24, 1989
,
i
The meeting was called to order by Moderator Margery M. Battin, at
8:05 p.m. , in Cary Memorial Hall.
There were 180 Town Meeting Members present. ,
8:07 p.m. The invocation was offered by Reverend Thomas Clough,
H,ancock United Church of Christ.
------------------------
i
ARTICLE 2. REPORTS ,
�
8:10 p.m. John Eddison, Board of Selectmen, stated a presentation
would be given on April 26 on Article 4 of the 1988 Warrant,
design guidelines for Lexington Center and certain community I
areas.
Ephraim Weiss, Pr. 5, objected to the undated and unsigned
information on the table in the lobby.
Paul Hamburger, Pr. 5, stated his intent to move Reconsideration
of Article 33 on April 26.
ARTICLE 44. CRO to R0, CRO to CD MARRETT ROAD
I
MOTION:
PART A: That the Zoning By-Law be amended by changing the see p. 346 for �
zoning district designation of the land bounded southerly by Article 44, as �
Marrett Road (Route 2A) , westerly by land now, or formerly, amended & passed
of Thomas J. Flatley and the 1960 layout of Route 128, �
northerly by land of the United States of America (Minute-man see p. 356 for �
National Historical Park) and easterly by the 1950 layout of attempt to
Route 128 from the CRO, REGIONAL OFFICE, district to the R0, reconsider �
ONE FAMILY DWELLING, district. The land to be rezoned �
contains 5.2 acres, more or less, and is described more fully �
in a metes and bounds description and on a plan entitled
"Plan of Land in Lexington, Mass. for Proposed Rezoning to
R0, One Family Dwelling", dated December 21 , 1988, by !
Russell Wheatley, Registered Land Surveyor, both of which are ',
on file with the Town Clerk.
PART B: That the Zoning By-Law be amended by changing the
zoning district designation of the land bounded southerly by
Marrett Road (Route 2A) , westerly by Massachusetts Avenue and '
land now, or formerly, of Maurice D. and Louise F. Healey, I
northerly by Massachusetts Avenue and land of the United
States of America (Minute-man National Historical Park) and
easterly by the 1960 layout of Route 128 (Interstate I-95)
from the CRO, REGIONAL OFFICE, district to the R0, ONE FAMILY
DWELLING, district to the CD, PLANNED COMMERCIAL, district. i
The land to be rezoned contains 13.02 acres, more or less, �
and is described more fully in a metes and bounds description
and on a plan entitled "Plan of Land in Lexington, Mass. for �
Proposed Rezoning to CD, Commercial District" dated December
21, 1988 by Russell Wheatley, Registered Land Surveyor, both
of which are on file with the Town Clerk. ,�
The land in the CD, PLANNED COMMERCIAL, district shall be I �
subject to the preliminary site development and use plan I� �
dated January 9, 1989, as amended and resubmitted on April �
14, 1989 which has been filed with the Planning Board and the
Town Clerk, and in accordance with the provisions of the
Zoning By-Law of the Town of Lexington.
�
T- ----- - ------ ----------- -----
- - - - 3�5
(ADJOIIRNED SESSIOft, ANNIIAL TOAN MEETING,CONT.-APRIL 2�+,1989)
8:15 p.m. Presented by Patricia McLaughlin, Pr.4.
8:20 p.m. James 0'Neil of the F1atley Company spoke followed by
Thomas Flatley.
8:38 p.m. Judith Uhrig, Planning Board, mo�ed that the report of
the Planning Board on Article 44 be accepted and placed on file.
Following a voice vote at 8:38 p.m. , the Moderator stated that the
("^ report had been accepted and placed on file.
� Mrs. Uhrig spoke in favor of the motion.
� 8:43 p.m. Patricia McLaughlin made the following motion to
correct the original motion:
MOTION: in part B, in the seventh line by striking out the passed
words: ' . . . R0, ONE FAMILY DWELLING, district to the . . . see this
page
Following a voice vote at 8:46 p.m., the Moderator stated that
the amendment had passed.
8:47 p.m. Michael 0'Sullivan, Appropriations Committee, stated
that a majority of the committee supported the Flatley proposal.
8:47 p.m. Jacquelyn Smith, Board of Selectmen, stated unanimous
support of the Board.
8:48 p.m. Gloria Holland, Pr.3, asked for an opinion from the
Conservation Commission.
8:48 p.m. Richard Wolk, Gonservation Commission, stated that the
Commission had not yet seen a revised plan. It is an
environmentally sensitive area, there is no buffer between the
parking lot and wetland, catch basin runoff is to the nearest
, wetland; the increased capacity of the parking 1ot would usually
require oil and gas traps.
Considerable discussion and questions followed.
9:05 p.m. Mr. Flatley verbally commited to signing an agreement
to give $150,000 to the town as part of the plan. Town Counsel
Ruth Ellen Fitch stated that a verbal comment and agreement is a
binding commitment.
9:19 p.m. Angela Frick, MAPC representative, presented information
as to traffic and water quality in the 128-Cambridge Reservoir
area, and stated her opposition to the Flatley proposal.
There were further comments for and against.
9:31 Mr. 0'Neil stated that eatch basins with gas, traps would be
installed throughout the site, there would be a buffer between
the parking lot and the 100 year area, and salt use would be
prohibited.
9:40 p.m. ,James McLaughlin, Pr.8, moved the question.
Following a voice vote at 9:40 p.m., the Moderator ruled the main
question would be put.
�
�_�:
��,� ;
�� d (ADJOIIRNED SESSION, ANNIIAL TOWN MEETING,CONT.-APRIL 24,1989)
I
A sufficient number of inembers stood to doubt the vote and the
following Standing Vote was tallied:
Precinct Yes No �
1 15 0
2 11 6
3 14 4
4 13 5
5 6 10 � �
6 6 10 ; i
7 11 3 ' � �
8 14 2 "' �
9 13 3
At large 21 1 �
Totals 124 44
9:43 p.m. The Moderator ruled that the vote prevailed, and that ten minutes
remained to Mrs. McLaughlin. Edith Sandy, ,P.6, rose for point of clarification.
Paul Riffin, P.3, raised questions concerning the Conservation Commission and
In answer to further questions regarding the role of the
Conservation Commission, Mrs. Frick stated that the Commission
acts to protect the wetlands which influence water quality and �
quantity. �
9:49 p.m. The Town Clerk reread the motion before the Meeting.
PART A: That the Zoning By-Law be amended by changing
the zoning district designation of the land bounded
southerly by Marrett Road (Route 2A) , westerly by land i
now, or formerly, of Thomas J. Flatley and the 1960 i
layout of Route 128, northerly by land of the United �
States of America (Minute-man National Historical �
Park) and easterly by the 1950 layout of Route 128
from the CRO, REGIONAL OFFICE, district to the R0, ONE I
FAMILY DWELLING, district. The land to be rezoned
contains 5.2 acres, more or less, and is described
more fully in a metes and bounds description and on a
plan entitled "Plan of Land in L�xington, Mass. for i
Proposed Rezoning to R0, One Family Dwelling", dated
December 21 , 1988, by Russell Wheatley, Registered
Land Surveyor, both of which are on file with the Town
Clerk. �
PART B: That the Zoning By-Law be amended by changing �
the zoning district designation of the land bounded
southerly by Marrett Road (Route 2A) , westerly by
Massachusetts Avenue and land now, or formerly, of I
Ma.urice D. and Louise F. Healey, northerly by �
Massachusetts Avenue and land of the United States of
America (Minute-man National Historical Park). and
easterly by the 1960 layout of Route 128 (Interstate �,
I-95) from the CRO, REGIONAL OFFICE, district to the
CD, PLANNED COMMERCIAL, district. The land to be
rezoned contains 13.02 acres, more or less, and is �
described more fully in a metes and bounds description
and on a plan entitled "Plan of Land in Lexington, �
Mass. for Proposed Rezoning to CD, Commercial
District" dated December 21, 1988 by Russell Wheatley, �
Registered Land Surveyor, both of which are on file �
with the Town Clerk. ""'
The land in the CD, PLANNED COMMERCIAL, district shall
� �
be subject to the preliminary site development and use
plan dated January 9, 1989, as amended and resubmitted
on April 14, 1989 which has been filed with the
Planning Board and the Town Clerk, and in accordance
with the provisions of the Zoning By-Law of the Town
of Lexington.
�
�
------------ — _---- -�
�L��
_ . _ . .
(ADJOIIRNED SESSION, ANNIIAL TOWN MEETING,CONT.-APRIL 24,1989)
Mr. Flatley commented that water use .would be less because of the
installation of new appliances, traffic problems would improve
with the police detail and new exit and entrance patterns, and
that no salt would be used.
9:54 p.m. Ka.rsten Sorensen, Planning Board, urged support.
9:56 p.m. The Moderator called for a Standing Vote which was
�' tallied as follows:
�-_ Precinct Yes No
1 15 1
2 18 0
3 12 7
4 12 5
5 14 2
6 9 6
7 11 4
8 16 1
9 5 11
At large 20 2
Totals 132 39
10:00 p.m. The Moderator declared adoption of the motion as
amended.
----------------------------
10:01 p.m. Iris Wheaton, Pr. 7, stated her intent to move
Reconsideration of Article 45.
----------------------------
ARTICLE 52. RETIREMENT BOARD ARTICLE .
��, (William Spencer, Pr. 6 stated his intent to abstain to avoid
`�--' possible conflict of interest.)
MOTION:That the Town approve the acceptance by the
Retirement Board of the following sections of Chapter Passed
32 of the General Laws: (i)Section 22(1)(b 1/2); see this page
(ii)the ten year option provided for in Section 6(1);
(iii)Section 90G 1/2; and the supplemental dependent '
allowance provided for Section 7 (2)(a)(iii).
10:02 p.m. Presented by Selectman John Eddison.
10:10 p.m. Robert Geary, Retirement Board, continued the
explanation.
10:29 p.m. Michael 0'Sullivan, Appropriations Committee, spoke in
favor.
Questions and answers continued with input from the Town Actuary.
Following a voice vote at 10:45 p.m. , the Moderator declared
passage of the motion. ,
-----------------------------
There was discussion as to procedure for further Meeting sessions.
� 10:52 p.m. Jacquelyn Smith, Board of Selectmen, moved adjournment
until April 26 at 8 p.m.
A true copy. ��
Attest: � ,
� tiu-c� --��-c���
Bernice H. Fal ick, Town Clerk
`�
/' �
ADJOIIRNED SESSION — i989 ANNIIAL TOAN MEETING
APRIL 26, 1989
The meeting was called to order by Moderator ylargery M. Battin, at �
8:00 p.m. , in Cary Memorial Hall.
There were 177 Town Meeting Members present.
8:00 p.m. The invocation was offered by Reverend Arthur Kolsti, �
Pilgrim Congregational Church.
-------------------------
ARTICLE 2. REPORTS
Renee Cochin, Pr.7, moved that the report of the Human Services ;�� '
Committee be accepted and placed on file. Following a voice vote ' i
at 8:09 p.�m. , the Moderator declared the report to have been ..eJ �
accepted and placed on file.
Fred Rosenberg, Pr.2, announced the Executive Committee Board of '
TMMA would meet on Ma.y 17 at 7:30 p.m.
John Eddison introduced David Dixon who presented the Design
Guidelines Report for Lexington Center and certain commercial
areas.
------------------------------
ARTICLE 38. MISCELLANEOUS SCHOOL ARTICLE
MOTION: (a)that the sum of $300,000 be appropriated for (a) passed
school buildings and for the purchase of additional see p. 349
equipment, and that such amount be transferred from the
Unreserved Fund Balance; and (b) that the sum of $450,000 be �b) passed
appropriated for the purchase and installation of computer �
hardware, and that such amount be transferred from the see p. 349
Jnreserved Fund Balance. I
i
8:32 p.m. Presented by Polly Woodworth. �
8:33 p.m. The Chair ruled that the article would be divided into a � I
and b. '
8:33 p.m. Philip Geiger, Superintendent of Schools, presented �
information on Part a.
8:44 p.m. The Board of Selectmen voiced unanimous support on Part �
a.
8:46 p.m. Appropriations Committee_ stated support of Part a and
Part b.
8:46 p.m. Capital Expenditures stated unanimous support of Part a J�
and Part b. 1
There was f urther discussion.
9:03 p.m. Richard A. Michelson, Pr. 8, made the following motion:
I
MOTION: the amount of $300,000 be replaced with the amount did not pass �
of $269,866 see this page
Discussion on the motion continued with Reports under Article 2 in
support of the main motion given by the Board of Selectmen, I
Appropriations Committee, and Capital Expenditures. '
� ;
Following a voice vote at 9:25 p.m. , the Moderator declared the I �
motion offered by Mr. Michelson not to have passed. �i
i
------------------------
_ ------_--- ------- — - �� -----
3�9
(ADJOIIRNED SESSiON,ANNIIAL TOAN MEETING,CUNT.-APRIL 26,1989}
Questions and answers continued.
Following a voice vote at 9:39 p.m. , the Moderator declared
passage of Part a.
Mrs. Woodworth continued with a computer presentation and
presentations by various teachers.
There was further discussion for and against.
�- Comments centered on maintenance funding to be included in ti�e
operating budget in future years, music user fees, field
restoration.
10:39 p.m. Peter Enrich, Pr.4, made the following motion:
MOTION: That Article 38 be amended in subpart (b) by striking did not '
the sum of $450,000 and inserting in place thereof $SO5,000. pass
see this
Following a voice vote at 10:44 p.m. , the Moderator declared the page
amendment offered by Mr. Enrich not to have passed.
10:45 p.m. James T'IcLaughlin, Pr.8, moved the question.
Following a voice vote at 10:47 p.m., the Moderator stated the
main motion to be before the Meeting.
Following a voice vote at 10:47 p.m. , the Moderator declared
adoption of Part b.
------------------------
� ARTICLE 32. LINCOLN STREET DEVELOPMENT .
� MOTION: That the sum of $60,000 be appropriated to construct
�-�� a restroom facility at the Lincoln Street Playground as ,
determined by the Recreation Committee with the approval of
the Board of Selectmen, and that such amount be raised in the
tax levy.
10:48 p.m. Carolyn Wilson, Pr.2, made the following motion: IPP ,
see this page
MOTION: I offer the following substitute motion that Article
32 be indefinitely postponed.
Following a voice vote at 10:50 p.m. , the Moderator declared
Indefinite Postponement.
10:51 p.m. Jacquelyn Smith, Board of Selectmen, moved adjournment
until Monday, May l.
A true copy. �
Attest: �-�``�� � �
� � ���z%��J
Bernice H. Fallick, Town Clerk
�:
���
ADJOIIRNED SESSION - 1989 ANNIIAL TOWN MEETING
MAY 1, 1989 �
The meeting was called to order by Moderator Margery M. Battin, at
8:00 p.m., in Cary Memorial Hall.
There were 177 Town Meeting Members present.
8:00 p.m. The invocation was offered by Reverend Polly Guild,
Follen Unitarian-Universalist Church.
i
ARTICLE 2. REPORTS �
I
8:09 p.m. Judith Uhrig, Planning Board, announced the ,
distribution of the analysis sheet on the Planning Board report
mechanism.
8:10 p.m. John Oberteuffer, School Committee, announced that
Senator Kraus would be speaking May 9 on long range planning for
alternative revenue sources.
ARTICLE 53. RECISSION OF AUTHORIZED DEBT I
MOTION: That the unused borrowing authorization voted under passed
Article 51 of the Warrant for the 1985 Annual Town Meeting is see this page
hereby rescinded. '
1
8:11 p.m. Presented by Selectman Leo McSweeney.
�
8:12 p.m. Richard Perry, Appropriation Committee, spoke in favor.
I
Following a voice vote at 8:13 p.m. , the irloderator declared I
passage. �
------------------------ j
ARTICLE 54. CABLE LICENSE FEES
MOTION: That the Selectmen be and they hereby are authorized �'
to petition the General Court for an act to authorize the Passed see
Town to establish an additional license fee upon any operator P• 351
, of a community antenna television system within its
jurisdiction.
i
8:14 p.m. Presented by Leo McSweeney. I
8:14 p.m. Julian Bussgang, Cable TV Advisory Committee, spoke
further.
8:17 p.m. A representative from Cablevision spoke against.
I
8:19 p.m. Richard Perry, Appropriations Committee, stated that a
majority of the Committee, recommended favorable action.
There was discussion for and against. �
I
Following a voice vote which was doubted, the following standing
vote was tallied: ,
i
— ------------ - -�— --- — ----- ---
r
Vc�1
_ . . .
(ADJOIIRNED SESSION,ANNIIAL TOGIN MEETING,CONT.—MAY 1,1989)
Precinct Yes No
1 5 8 '
2 4 14
3 9 8
4 11 5 1 abstention '
5 5 10
6 11 S
7 4 10
�-= 8 4 13
9 10 5
At large 20 1
Totals 83 79
8:29 p.m. The Moderator declared adoption.
ARTICLE 2. REPORTS
8:30 p.m. In connection with Article 55 the following reports
were given:
John Eddison, Board of Selectmen; Marshall Derby, LexHab; Gary
Larsen, Larsen Associates; Eleanor Klauminzer, Planning Board;
Jacquelyn Smith, Board of Selectmen; Willian Spencer, Lexington
Housing Authority.
ARTICLE 55. CONSTRUCTION OF AFFORDABLE HOUSING
MEAGHERVILLE, PINE MEADOWS
MOTION: That the Board of Selectmen, Planning Board and see p. 353
Housing Au�hority continue their efforts to promote the for substitute
construction of affordable housing in the Meagherville/Pine motion as
Meadows area of the Town and that they report to a 1989 amended & passed
Special Town Meeting.
9:01 p.m. Selectman John Eddison moved Indefinite Postponement.
He presented a majority view of the Board of Selectmen and
Planning Board.
9:05 p.m. Selectman Paul Marshall explained his position.
9:12 p.m. Mr. Marshall offered the following substitute motion: substitution
passed
MOTION: The Town Meeting endorses the procedure outlined in see this page
paragraphs 4, 5 and 6 of Mr. Eddison's letter of April 19, (see p.357
1989 to a11 Town Meeting members. for copy of
letter)
9:13 p.m. Jacquelyn Smith, Board of Selectmen, stated that a
majority of Selectmen opposed Mr. Marshall's motion.
There was discussion for and against.
`� Following a voice vote at 9:26 p.m. , the Moderator declared
substitution to have passed.
Discussion continued.
� �
�
�_;�
(ADJOIIRNED SESSION,ANNIIAL TOAN MEETING,CONT.-MAY 1,1989)
I
10:05 p.m. Ma.rgaret Rawls, Pr.4,. made the following motion:
Under Article 55, I wish to amend the substitute motion by
replacing the period at the end with a comma, and adding the words '
"with the following exceptions:
1 - That the Conservation Commission will be included as full
members of the Pine Meadows-Meagherville Site Development
Committee. � �
2 - That the Board of Selectmen will consult with the Conservation not adopted
Commission and the 'TNII�IA Executive Committee as well as with the see this page '
Planning Board and the Housing Authority in appointing a townwide
Affordable Options Committee.
3 - That a report of the Affordable Options Committee and any site �
development plans will be presented only to an Annual Town
Meeting, with report and plans available before that year's local
election.
4 - That the following essential planning procedures will precede
any consideration of specific site development plans for any one
site:
a)The setting of concrete housing goals and priorities, including
a determination of the numbers of low income families and the
number of moderate income families to be accommodated throughout
the town and how their units are to be distributed among available
sites;
b)The integration of housing goals with other town objectives;
c)The determination of how tne town intends to finance any
proposed units, which will include a decision as to whether town
owned land is to be used for market priced housing for this !
I
purpose.
5 - That the Selectmen will take into account any proposed or �
probable 774 projects before determining the town's commitment to
building units on town owned land at public expense.
6 - That at least one site development plan for the Pine Meadows- �'I
Meagherville site will be prepared that limits development to a ;J
maximum of 25 total units, to be located only on the 6.2
"panhandle" , and on the portion of th so-called "Meagherville �
School Site" that lies South of the sewer main, so as to avoid the
necessity of building and maintaining one or more pumping
stations. �
7 - That at least one site development plan will be prepared which
excludes a road connecting Garfield and Cedar Streets. This may
be the same plan as the one required under paragraph 6, above."
10:08 p.m. The Board of Selectmen unanimously opposed the Rawls
amendment.
There was discussion for and against.
10:17 p.m. Eleanor Klauminzer stated that a majority of the
Planning Board opposed the �awls amendment. i
Following a voice vote at 10:19 p.m. , the Moderator declared that '
the Rawls amendment had not been adopted.
Discussion continued for and against. �,
� '
J I
w
I
-- --------___---------- ---------- — __
� --
353
(ADJOURNED SESSION,ANNUAL TOWN MEETING,CONT.-MAY 1,1989)
10:29 p.m. Jacqueline Davison, Pr. 3, offered the following
motion:
I wish to amend the motion by replacing the period at the end
• with a comma and adding the words-
"with the following exceptions:
� 1. That the Conservation Commission will be included as full
members of the Pine Meadows-Meagherville Site Development passed
`- Committee. see this page
2. That the Board of Selectmen will consult with the
Conservation Commission and the T.M.M.A. Executive Committee,
as well as with the Planning Board and the Housing Authority
in appointing a townwide Affordable Option Committee."
Included in the discussion was concern that the Conservation
Commission be consulted during anq process.
Following a voice vote which the Moderator was unable to judge,
the following standing vote was tallied:
Precinct Yes No
1 2 13
2 4 14
3 12 6
4 13 4
5 9 7
6 7 10
7 9 4
8 13 4
9 9 8
At large 9 11
Totals 87 81
10:44 p.m. The Moderator declared passage of the Davison
amendment.
10:44 p.m. James Barry, Pr.l, moved the question.
Following a voice vote at 10:45 p.m. , the Moderator declared the
main question to be before the Meeting.
Following a voice vote at 10:45 p.m. , the Moderator declared the
substitute motion offered by Mr. Marshall to have passed.
ARTICLE 55 as passed:
The Town Meeting endorses the procedure outlined in paragraphs 4,
5 and 6 of Mr. Eddison's letter of April 19, 1989 to all Town
Meeting members, "with the following exceptions: passed
1. That the Conservation Commission will be included as full see this page
members of the Pine Meadows-Meagherville Site Development
Committee.
2. That the Board of Selectmen will consult with the Conservation
Commission and the T.M.M.A. Executive Committee, as 'well as with
the Planning Board and the Housing Authority in appointing a
townwide Affordable Option Committee."
------------------------------
10:46 p.m. Jacquelyn Smith, Board of Selectmen, moved adjournment
until Wednesday, May 3, at 8 p.m.
A true copy. �G�`�G l
Attest:
Bernice H. Fallick, Town Clerk
� ��
ADJOIIRNED SESSION - 1989 ANNIIAL TOAN MEETING
1�1AY 3, 1989
I
The meeting was called to order by Moderator Margery M. Battin, at
8:05 p.m. , in Cary Memorial Hall.
There were 168 Town Meeting Members present.
8:05 p.m. The invocation was offered by Reverend Carol Flett, the
Church of Our Redeemer.
-----------------------------
,
ARTICLE 2. REPORTS
8:07 p.m. Selectman Jacquelyn Smith asked for letters of interest �
to be submitted by those interested in serving on the Affordable �
Housing Options Committee.
------------------------------
ARTICLE 56. DEVELOP OBJECTIVES FOR MEAGHERVILLE AND THE 6 ACRE
PANHANDLE SITE
MOTION: That this article be indefinitely postponed. IPP
see this page
8:10 p.m. Presented by Roger Borghesani.
There was discussion concerning affordable housing, use of land,
conservation and open land.
8:4b p.m. Frank Sandy, Pr.6, moved the question.
Following a voice vote as to whether the main question should be �
put, the Moderator stated she was in doubt and asked for a {
standing vote which was tallied as follows: ,
Precinct Yes No �
1 12 0
2 10 6 —1
3 10 7 �
4 7 8
5 7 5
6 10 5
7 11 5
8 2 12
9 5 13
At large 16 4
Totals 90 65 �
�
8:50 p.m. The Moderator ruled the main question to be before the
Meeting. �
Discussion continued.
�
Following a voice vote at 9:00 p.m. , the Moderator stated that i
Article 56 had been indefinitely postponed.
-------------------------
ARTICLE 57. AFFORDABLE HOUSING REQUIREMENTS I'
MOTION: That this article be indefinitely postponed. IPP ; �
see this page
9:01 p.m. Presented by Selectman Jacquelyn Smith.
Following a voice vote at 9:01 p.m. , the Moderator declared
Article 57 to have been indefinitely postponed.
------------------ —
----___------- ------- -----_
���
.
(ADJOIIRNED SESSION, ANNIIAL TOAN MEETING,COIVT.-MAY 3,1989)
ARTICLE 58.. ABANDONMENT OF OLD ALLEN STREET
MOTION: That the so-called Old Allen Street for a distance of
650 feet, more or less, as shown upon Assessors' Property Map
16 be discontinued, and that the Selectmen be and they hereby Passed
are authorized to reconvey such abandoned portion to the see this page
abutting owners on such terms and conditions as they shall
decide.
I 9:01 p.m. Presented by Selectman Jacquelyn Smith.
� Discussion followed.
Following a voice vote at 9:07 p.m., the Moderator declared
unanimous passage.
-------------------------
RECONSIDERATION OF ARTICLE 33 - AARRINGTON FIELDS DEVELOPMENT
9:07 p.m. Pau1 Hamburger moved Reconsideration.
9:10 p.m. Michael 0'Sullivan, Appropriations Committee, stated
unanimous support of Reconsideration.
9:11 p.m. Judith Marshall, Recreation Committee, stated
opposition.
There were statements pro and con.
Following a voice vote at 9:32 p.m. , the Moderator called for a
standing vote which was taliied as follows:
_ . . - - - -
Precinct Yes No
1 1 12
�: 2 4 13
3 7 7
4 12 3
5 5 8
6 11 2
7 10 6
8 12 2 1 abstention
9 6 11
At large 8 12
Totals 76 76
9:35 p.m. The Moderator s.tated that Reeonsideration did not
. prevail.
------------------------------
RECONSIDERATION OF ARTICLE 45. CRO TO CD, HARTWELL AVENUE
9:38 p.m. Iris Wheaton moved Reconsideration.
There was discussion for and against with questions as to
precedents of CD rezoning, voting procedures.
F 10:07 p.m. Judith Uhrig stated that a majority of the Planning
- Board were not in favor of Reconsideration.
Following a voice vote at 10:10 p.m., the Moderator declared that
Reconsideration did not prevail. Sufficient number of Town
Meeting Members stood to doubt the vote and the following standing
vote was tallied:
���
(ADJOURNED SESSION, ANNUAL TOAN MEETING,CONT.-MAY 3,1989)
I
Precinct Yes No
1 2 12
2 4 15
3 9 7
4 5 10
5 4 8
6 6 8
7 12 4
8 8 6 �
' 9 9 9
At large 4 16 '
Totals 63 95 �
10:11 p.m. The Moderator stated that Reconsideration did not
prevail.
------------------------------
ARTICLE 60. USE OF FUNDS TO REDUCE TAX RATE
MOTION: That the sum of $4,444,227 be appropriated to reduce
the tax levy for the fiscal year beginning July 1, 1989, and Passed
that such amount be transferred from the Unreserved Fund see this page
Balance.
10:15 p.m. Presented by Selectman Jacquelyn Smith.
10:15 p.m. Michael 0'Sullivan, Appropriations Committee, spoke in �
favor.
I
Following a voice vote at 10:16 p.m., the Moderator declared
passage.
10:16 p.m. Jacquelin Weinstock, Pr.6, moved Reconsideration of
Article 44, Zoning By-law, CRO to CD and R0, Marrett Road
(Sheraton) , and based her request on the Lexington By-laws,
Article 5, Section 10. �
10:19 p.m. The Moderator ruled Mrs. Weinstock to be Out of Order.
Notice to all those involved had not been served and precedence
prevailed.
Discussion continued as to procedures, Lexington By-laws, Roberts
Rules of Order. �
10:25 p.m. The Moderator presented the following to Town Meeting:
"Shall the decision of the Moderator �be sustained."
Following a voice vote at 10:25 p.m., the Moderator declared a i
positive vote.
------------------------------
10:26 p.m. Selectman Jacquelyn Smith moved that the Meeting be �
dissolved. Following a voice vote at 10:26 p.m. , the Moderator '
declared dissolution of the 1989 Annual Town Meeting. ,
A true copy. �
Attest:
Bernice H. Fallick, Town Clerk
;
- --- ---- -------
- - T- - --------- _-- -
OJ5 MO�hiNC �V�
0� (Y� 0
i s '
� , .
` J �_ �
; � 9 ; �Lnfmt uf `�CFxin�f an, `���s�z.chus�ft�
..,,...
���+N�*Or OFFICE OF SELEETMEN
JACQUELYN R.SMITH,CHAIRMAN �
PAUL W.MARSHALL ,
JOHN C.EDDISON
WILLIAM J. DAILEY,JR:
LEO P.McSWEENEY
April 1.9, ?989
�� D�ar Tosnm Meeting �r: ,
�_ : '
Last 'I�esday, April 18, representatives of the Board of Selectrren, the
Planning Board and the Precinct 8 Residents Association met tA try to reconcile
differing views on Articles 55 and 55 of the Warrant, the affordabla housing '
articles. We had ho_ned tA reach agre�nent on the language arid provisi.ons of a
single article that we could all support, but it di.d not work out t�:at way. '
When it became apparent that mc>re time and rrore inforntiation would be needed to
reach a consensus and avoid a divisive debate in Zbwn P�eeting we decided a� a
different approachs What we agreed to rec�nd to 'Ibwn Meeting is thy. �
follawing: ,
1) We will m�ve for indefinite postponement of both Articles 55 and 56.
2) Under Article 2, we wi11 report on progress towards increasiny the
availability of affordable housing, as requested in the resolution �:o:.ted at
the 1987 Annua7. Tc�m Meeting. �
3) Under Arti.cle 2, we will also outline hvw we propose to m�ve foxward '
ttnaards achieving the Zb�m°s affordable housing goals.
4) Utilizing the skills and resources of Lex��B and of outside consultants
as neecled, we will continue to prepare specific plans for affardable housing on �
the Pine Meadaws-Meagherville site. The group charged with preparing th�e
plans will be designated as th.e Pine Meadc�ws-Meagherville Site Development
Ccr�unittee. It will include three m�sr�rs fran LexH�B, one m�nber each fi-�an the
Board of Selectmen, the Planning Board and the Housing Authority and �e each
frcan the Reed St and the Ced�-ar St. areas of Precinct 8. Other concerned
, ccgranittees, including Consezvation and Recreation, will be consultecl as appro-
priate, and interested residents will be welcaned at the meetings of the
-_ cce�mittee.
5) The Pine Meadc7ws-Meaghesville Site Develocme.nt Carmi.ttee will proceed
with the preparation of a site develogr�rlt plan which will include a ��ting
road between Garfield and Ced�r Streets. In addition, it will giv� serious
consideration t�o a design which will exclude such a road. The site plan will
be su�nitted for review and approval to a Special 2bHm Meeting to be convened
in the fall of this year.
6) The Boazd of Selectn�en, in consultation with the Plann.ing Baard ar�d the
Housing Authority, will also appoint a t.c�mwide canmittee to be called the '
Affordable Housing Options Catgnittee to assist the concerned boards in the '
follaaing tasks: '
a) assanbling an inventAry of potential sites for affordable hausing; \' '
b) bringing together existing studies, reports and data relevant to
decision making on affordable housing in Lexington; '
c� integrating housing goals with other tcxan objectives and policies;
�625 MqSSACHUSETTS AVENUE • LEXINGTON. MASSACHUSETTS 02173 • BOX at6 • TELEPHpNE (61T) E62•0500
J; '
� `
i
j __-
n ��
, - 2 - i
c1) expanding the range of options for financing the affordable uni�s;
e) fostering tc�zwide discussion and understanding of affordable housing
guidelines and possibilities through education and information
Pr��•
This ccnani.ttee will consist of one m�rib� fran each of seven conce.�-ned
Town b�ards and one representative frcm each precincto Its work will proceed
simultaneously with tl-�,at of the Site Develorment C�uttee, and it will be
asked to present a preluninary report of its findings to the Special Town r ,
g+��ng in the fall. o �,
We believe that this ccanpranise approach will �rnu.t the Tawn to mave
forw'ard without delay to res�ond to the need for affordable housing while at ,
the same tim� taking full account of the concerns of neighborhood grouAs. We
hope you will support this course of� action.
S.incerely e
. e
OhIl C. EC�C�1SOTb
Selec�n�ra •
JCE/ad
i
1
i
i
�
�
.-�r
� `
� _
!
�
_ ------------------- � ---____--------
---- - - ----_
���
SPECIAL TOWN MEETING - SEPTEMBER 25 1989
The meeting was called to order by Moderator Margery M. Battin, at
8:00 p.m. , in Cary Memorial Aall.
There were 179 Town Meeting Members present out of a current
membership of 199.
8:00 p.�. The invocation was offered by Reverend Dr. Peter Hunt
Meek, Hancock United Church of Christ.
8:04 p.m. Town Clerk, Bernice H. Fallick, read the Warrant for
the Meeting until waived.
8:05 p.m. The Town Clerk rea.d the Constabie's Return of the
Warrant.
The Moderator explained procedures for the evening. '
ARTICLE 1. REPORTS
8:16 p.m. - John Eddison, Board of Selectmen, moved that the
report of the Affordable Housing Options Committee be accepted and
placed on file. Following a unanimous voice vote at 8:16 p.m. ,
the Moderator deciared that the report ha,d been accepted and
placed on file.
8:18 p.m. - Paul Marshall, Board of Selectmen, moved that the
report of the Pine Meadows/Meagherville Site Plan Development
Committee be accepted and placed on file. Following a unaniffious
voice vote at 8:18 p.m. , the Moderator declared that the report
had been accepted and placed on file.
8:18 p.m. - Richard White, Town Manager, explained the impact of
, Governor Dukakis's reduction of Local Aid, the scope of the
Selectmen's budget review process, and the attempt to maintain
- quality of service and life in Lexington.
8:34 p.m. - Polly Woodworth, School Committee, gave an explanation
of the School Committee process and the decision to modify Article
38 of the March Meeting, Computer Purchases.
8:43 p.m. - Michael 0'Sullivan, Appropriations Committee, moved
that the report of the Appropriation Committee be accepted and '
piaced on file. Following a voice vote at 8:44 p.m., the
Moderator declared that the report had been accepted and placed on
file. Mr. 0'S�llivan explained the definancing and
deappropriation process and the various items on the report.
8:49 p.m. - Karen Dooks, Capital Expenditures Gommittee, moved
that the report of the Capital Expenditures Committee be accepted
and placed on file. Following a voice vote at 8:49 p.m. , the
Moderator declared that the report had been acce�ted and placed on
file.
8:52 p.m. - Nyles Barnert, Representative to the Minuteman
Vocational School Committee, stated that there would be a
reduction of funds allocated to the school.
8:53 p.m. - The Moderator declared a Formal Recess for the purpose
of discussion.
A series of questions and answers followed. The Selectmen's point
of view at this time concerning overrides was stated: most
operating budget overrides have failed; there is a wish not to
harness people for an override for this amount of money; there is
the intent for a good education process between now and the next
Annual Town Meeting; when we eliminate budgets, the quality of
n��
(SPECIAL TOWN MEETING - SEPTEMBER 25, 1989)
life fails.
Following a voice vote at 9:45 p.m. , the Moderator stated that the
Meeting would end the Formal Recess and proceed to the Articles.
�
9:45 p.m. - Martha Wood, Planning Board, moved that the regort of ,
the Planning Board on Subsidized Housing and Affordable Housing be
accepted and placed on file. Following a voice vote at 9:46 p.m. ,
the Moderator declared that the report had been accepted and
piaced on file.
-----------------------------------------------
ARTICLE 2. BORROWING SCHOOL EQtIIPMENT
MOTION: That the vote passed under Article 38 of the
Warrant for the 1989 Annual Town Meeting be amended by did not pass-
striking part (b} and substituting therefor the
following: "(h) That the sum of $380,000 be see below
appropriated for the purchase of computer hardware; Reconsidered
that to meet this appropriation $110,000 shall be As passed:P.366
transferred from Unreserved Fund Balance, and the
Treasurer with the approval of the Selectmen is ;
authorized to borrow $270,000 under G.L.c.44, I
s 7(28},"
9:47 p.m. Presented by Aibert Zabin, School Committee
9:50 p.m. Miehael 0'Sullivan, Appropriation Committee, '
recommended unfaeorable action. ' �
9:53 p.m. Paul Hamburger, Capital Expenditures Committee, stated
support. ,
Discussion continued.
10:18 p.m. Martin Hagerty, P.7, moved the question.
The Moderator asked if the main question should be put. Following
a voice vote at 10:18 p.m. , the Moderator stated the main question ,
to be before the Meeting. Following a voice vote which was not
unanimous, the Moderator called for a Standing Vote which was
taliied as follows:
Precinct Yes No
I
1 7 9 '
2 9 6 labstention
3 4 13
4 14 6
5 8 10 I
6 14 3 r—' �
7 4 12
8 5 14
9 7 12
At large 9 11
Totals 81 96
10:23 p.m. - The Moderator ruled that the Motion offered by Mr.
Zabin did not carry.
a�
�SPECIAL TOWN MEETING - SEPTEMBER 25. 1989) 3��
I
10:24 p.m. - Karen Dooks, Capital Expenditures Committee, served
Notice of Reconsideration of Article 2.
�
�_ ; ------------------------------------------- ,
_-, ARTICI�E 3. REC N
. 0 SIDER APPROPRIATIONS
MOTION: '
Passed- (a) That the vote passed under Article 27 of the
see below Warrant for the 1989 Annual Town Meeting be rescinded. '
Passed- (b) That the vote passea under Article 33 of the Warrant for I'i
see below the 1989 Annual Town Meeting be rescinded.
10:25 p.m.- Selectman Paul Marshall presented section {a}.
Selectman Leo McSweeney presented section (b).
The A�oderator stated the article would be divided.
10:28 p.m. - Michael 0'Sullivan, Appropriations Committee, spoke
in favor of rescinding section (a), as did Karen Dooks, Capital
Expenditures Committee.
Following a voice vote at 10:29 p.m. , the Moderator declared
passage of section (a).
--------------------------------
10:29 p.m. - Michael 0'Sullivan, Appropriations Committee,
recommended favorable action on section (b), as did Karen Dooks,
- . Capital Expenditures Committee.
----------------------------------
10:35 p.m. - Karsten Sorensen, Pr.4, made the foilowing motion:
MOTION: that the motion under Article 3 be amended by
adding a section {c) That the vote passed under
Did not pass- Article 35 of the Warrant for the 1989 Annual Town
see below Meeting be amended by deleting the figure "$250,000"
and substituting therefore the figure "$158,417."
10:37 p.m. - John Eddison, Board of Selectmen, stated that a
majority of the Board of Selectmen opposed the motion.
10:39 p.m. - Karen Dooks, Capitai Expenditures Committee, served
Notice of Reconsideration on section 3(a).
Discussion continued for and against.
10:46 p.m. - Michael 0'Sullivan stated the disappraval of the
Appropriations Committee.
�; Following a voice vote at 10:49 p.m. , the Moderator stated that
�__ the motion offered by Mr. Sorensen did not pass.
10:50 p.m. - Judith Marshall, 1Zecreation Committee, stated that �
the Committee would not fight the motion at this time.
10:51 p.m. - Following a voice vote on section (b}, the Moderator '
declared the motion to have been adopted.
,.� P, -
3�� (SPECIAL TOWN MEETING - SEPTEMBER 25, 1989)
10:51 p.m. - Karen Dooks, Capital Expenditures Committee, served '
Notice of Reconsideration on section (b). I
I
---------------------------------------------- - �
�
10:51 p.m. - Jacquelyn Smith, Board of Selectmen, moved ` ;
�
adjournment until Wednesday, September 27, 1989, at $ p.m. , Cary
Hall.
A true copy.
Attest:
Bernice H. Fallick, Town Clerk �,
�I
�� II
� i
i
'
i
i
i
i
i
;'� �
�
i
I
�i
- -- ---- ____----- -- ----- ---- --------- - -- _._ _
—�---
3�3
ADJOURNED SESSION - SPECIAL TOWN MEETING
SEPTII�KBER 27, 1989
The meeting was called to order by Moderator Margery M.
Battin, at 8:00 p.m. , in Cary Memorial Hall.
There were 168 Town Meeting Members present.
8:00 p.m. The invocation was offered by Reverend Brian
Dixon, First Baptist Church.
----------------------------------------
8:04 p.m. The Moderator declared a Temporary Recess.
----------------------------------------
8:16 p.m. The Moderator called the Meeting to Order. �
8:16 p.m. Polly Woodworth, School Committee, spoke on
Articles 2 and 4.
-------------------------�--------------
ARTICLE 4. REDUCTION OF OPERATING BUDGET
MOTION: That the vote passed under Article 4 of
the Warrant for the 1989 Annual Town Meeting be
amended by reducing the amounts appropriated
under the following line items so that they read
as follows:
a. Line Item 1110 Public School passed-see p. 364
Education $26,343,135
b. Line Item 2150 Insurance
. $3,463,103 Passed-see p. 364
c. Line Item 4100 Police Department Did not pass- see p.364
Personal Services $2,195,760
d. Line Item 5110 Library Personal
Services $776,680 Did not pass-see p. 364
8:19 p.m. Presented by Selectman Wiliiam Dailey.
The Moderator stated that each section would be considered '
separately.
----------------------------------------
Section a. Line Item I100 Public School Education
$26,343,135
8:24 p.m. John Qberteuffer stated the support of the School
Committee.
Discussion continued from the floor.
8:47 p.m. Paul Hamburger, Capital Expenditures Committee,
stated that the Committee was in favor of the leasing
, arrangement.
9:Od p.m. Michael 0'Sullivan, Appropriations Committee,
stated t�at the Stabilization Fund was more flexible than
Free Cash.
9:12 p.m. Fred Rosenberg, Pr. 9, moved the question.
Following a v'oice vote at 9:13 p.m. , the Moderator stated
that the main question was before the Meeting.
���
(Ad,ind Session, Special Tn Mt�.,Sevt.27,1989,cont.)
Following a voice vote at 9:14 p.m. , the Moderator declared
unanimous passage of Section a.
9:14 p.m. Michael 0'Sulllivan served Notice of
Reconsideration on Section a.
----------------------------------------
b. Line Item 2150 Insurance $3,463,103
Following a voice vote at 9:14 p.m. , the Moderator declared "�
Section b to have been adopted. �
---------------------------------------- _
c. Line Item 4100 Police Department Personal Services
$2,195,760
9;15 p.m. Michael 0'Sullivan served Notice of
Reconsideration on Article 4, Section b.
Selectman Dailey gave an explanation of Section c.
Considerable discussion followed as to police staffing,
possible loss of revenue resulting from decreased ticketing
in the center, security.
10:03 p.m. Albert Zabin, Pr.l, moved the previous question.
Following a voice vote at 10:03 p.m. , the Moderator stated
the motion to be before the Meeting. ,
Following a voice vote at 10:04 p.m. which was in doubt, the
Moderator called for a Standing Vote which was tallied as
f ol lows: r-_,
Precinct Yes No
1 0 14 '
2 5 9
g 5 13
4 13 6
5 5 9
6 8 6
7 5 13
g 5 9
g 6 9
At large 10 9
Totals 62 97
10:Q7 p.m. The Moderator stated that Section c did not
pass.
10:07 p.m. Michael 0'Sullivan served Notice of
Reconsideration of Section c.
----------------------------------------
10:09 p.m. Selectman Dailey commented on Section d. �
Discussion continued. '
Following a voice vote at 10:3fi p.m. , the Mocierator stated
that Section d did not carr5�.
10:36 p.m. Michael 0'Sullivan served Notice of
Reconsideration of Section d.
3�5
�Ad.ind. Session, Special Tn Mt� ,Sep� 27,19�9,cont )
ARTICLE 5. SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL
YEAR (FY90)
MOTION: That this article be indefinitely postponed.
10:37 p.m. Presented by Selectman Smith. Indef.postponed
Following a voice vote at 10:37 p.m. , the Moderator declared
a unanimous vote to indefinitely postpone.
�;
�� ----------------------------------------
ARTICLE 6. WASTE ENTERPRISE FUND
MOTION: That the Selectmen be and they '
hereby are authorized to petition the passed-
General Court for an Act to authorize the see below
town to establish a waste collection
enterprise fund.
10:38 p.m. Presented by Selectman Smith.
Discussion followed.
10:48 p.m. Deborah Kearneq, Pr. 7, called the question.
The Moderator stated the main motion to be before the
Meeting.
Following a voice vote at 10:48 p.m. , the Moderator declared
passage.
----------------------------------------
� 10:49 p.m. John Oberteuffer, School Committee, moved
' Reconsideration of Article 2, Borrowing-School Committee.
��^
Foliowing a voice vote at 10:50 p.m. , the Moderator stated
Article 2 to again be before the Meeting.
Mr. Oberteuffer offered the following snbstitute motion:
That the vote passed under Article 38 of
the Warrant for the 1989 Annual Town
Meeting be amended by striking paxt (b)
and substituting therefor the following:
"(b)That the sum of $350,000 be
Did not pass-
appropriated for the purchase and see page 366
installation of computer hardware and that
to meet this appropriation $238,035.12 be
transferred from the Stabilization Fund
and $111,964.88 be transferred from the
Unreserved Fund Balance."
Discussion followed. `
11:04 p.m. The Moderator called a recess. �
11:12 p.m. The Moderator called the Meeting to order.
��� '
(A�.ind Session, Special Tn Mt� ,Sept 27,1989.cont ) �
11:13 p.m. Mr. Oberteuffer moved the following amendment to
his motion:
That the vote passed under Article 3$ of
the Warrant for the 1989 Annual Town
Meeting be amended by striking part {b)
and substituting therefor the following: Did not pass-
"(b)That the sum of $408,000 be see below
appropriated for the purchase and ;"� �
installation of computer hardware and that I I i
to meet this appropriation $238,035.12 be �..1 �
transferred from the Stabilization Fund
and $169,964.88 be transferred from the �
Unreserved Fund Balance.
Following a voice vote at 11:20 p.m. , the Moderator ruled �
the substitute main motion as amended to be before the
meeting. i
William Welch noted his intent to abstain. '
I
11:24 p.m. Sheldon Spector made the following motion:
MOTION: that the motion made under Article passed- �
�
2 be amended so that the $408,OU0 be see below '
totally transferred from the Unreserved
Fund Balance. j
I
11:26 p.m. Michael 0'Sullivan, Appropriations Committee, I
recommended unfavorable action. ,
I
11:28 p.m. Karen Dooks, Capital Expenditures Committee, '
stated support by 4 members, with 1 abstention. '.
� �
i1:30 p.m. Albert Zabin stated that the School Committee �
opposed the amendment. �
�
11:31 p.m. A majority of the Board of 5electmen indicated ;
support. �
i�
Following a voice vote at 11:34 p.m. , the Moderator declared
the amendment offered by Mr. Spector to have carried. I
i
Discussion continued.
I
11:39 p.m. Margaret Rawls, Pr.4, moved the question. �
i
I
Following a voice vote, the Moderator declared that the main
motion would be put.
�
Following a voice vote at 11:40 p.m. , the Moderator declared
passage.
MOTION AS PASSED: �
That the vote passed under Article 38 of
the Warrant for the 1989 Annual Town
Meeting be amended by striking part (b) � �
and substituting therefor the following: i
"(b)That the sum of $408,000 be ' �
appropriated for the purchase and 1
installation of computer hardware and that
to meet this appropriation $4�8,000 be
totally transferred from the Unreserved
Fund Balance.
I
�
i
I
------------------------------
- - ------- -- --
� ��
uJ� �
{A ind 3ession, Svecial Tn. Mt�.,Sent.29,1989,cont.) J" �
ARTICLE 7. USE OF FUNDS TO REDUCE TAXES
MOTION: That the vote passed under
Article 60 of the Warrant for the 1989
Annual Town Meeting be amended by deleting
the figure "$4,444,227" and substituting Dassed -
therefor the figure "$4,702,262." see below
;
11:41 p.m. Presented by Seiectman Smith.
__� Following a voice vote at 11:41 p.m. , the Moderator declared .
unanimous passage.
11:41 p.m. Selectman Smith moved that the meeting be
dissolved. Following a voice vote, the Moderator declared
dissolution.
A true copy.
Attest: ����� �'7/ �
�U
Bernice H. Fallick, Town Clerk
i
i
��� i
�
i
March 4, 1990 - resignation - pr. 8 of Benjamin H. Golini, 35 Balfour Street
(WARRANT FOR TOWN ELECTION - SEE WARRANT FILE) �
I
TOWN ELECTION - MARCH 5, 1990 �
�
In pursuance of the foregoing warrant the legal voters of the
Town of Lexington met in their respective voting places in said � j
Town of Lexington on Monday, March 5, 1990, at 7 a.m. ,� ;
I
The following places were designated as the voting places for
the various precincts: Precinct One, Harrington School; Precinct ;
Two, Bowman School; Precinct Three, Jonas Clarke Middle School; �
Precinct Four, Lexington Senior High School; Precinct Five, Cary ;
Memorial Building; Precinct Six, William Diamond Middle School;
Precinct Seven, Joseph Estabrook School; Precinct Eight, Central ;
Fire Station; Precinct Nine, Maria Hastings School. �
�
I
The Election Officers of the various precincts were assigned
for duty as follows:
Precinct One
i
Warden Eileen Fradette �
Clerk Grace Campbell
Inspector William Simmons
Inspector Virginia Warner �
Inspector George Kalafatis �
Inspector Viola Pike �
Inspector Eileen Carpenter
Inspector Olive Samuel j
Ii
�
Precinct Two I
Warden Elizabeth Clarke �
Clerk Donna Alexson �
Inspector Owen Lafley
Inspector Robert Blouin
Inspector Margaret Blouin
Inspector Ruth Lafley ;
Inspector Anna Alexson
I
Precinct Three I
�
1
Warden Marjorie Modoono �
Glerk Mildred Cronin i
Inspector Alice Hopkins
Inspector Lillian Drury
Inspector Gwendolyn Cram �
Inspector Seymour Mandel
Precinct Four I
Warden Ruth Hamlin �
Clerk Richard Crawford �
I
Inspector Raymond Flynn i
Inspector M. Loretto Tucker
Inspector Alfred Mattes
Inspector Eleanor Mattes
Inspector Marlis Schratter
�
�
',
I
T--- ------ ------ -- -- -
3�9
(Town Election, March 5, 1990, cont. )
Precinct Five
Warden Elizabeth Flynn
Clerk Jacqueline Michelove
Inspector Marcia Cormier
Inspector Martha Zani
Inspector porothy Gauthier
Inspector Robert Trask, Jr.
Inspector Carol Snell
Precinct Six
_. � Warden Cornelius Cronin �
Clerk Dorothy Boggia
Inspector Barbara Wachman
Inspector Evelyn Belbin '
Inspector Calvin Belbin
Inspector Judith Goldman
Inspector Patricia Byrnes-Parent
Precinct Seven
Warden A. Estelle Szalajeski
Clerk Nancy Lou Hayes
�Inspector Alice Coletta
Inspector Gail Faulkingham
Inspector Barbara Davis
Inspector Patricia Needham
Inspector Helen MacDonald
Inspector Muriel Taylor
Inspector Nancy Ryder
Precinct Ei�ht
Warden Catherine Jones
Clerk Frank Samuel
' Inspector Blanche Johnson '
Inspector Stella Laurendeau
Inspector Alma Ballota
Inspector Elizabeth Sinclair '
Inspector Mary Casey
Inspector Florence Murray
Precinct Nine
;
Warden John Taylor
Clerk Carole Scalise
Inspector William Murphy
Inspector Ellen 0'Connell
Inspector Janet Lowther
Inspector Anne Taylor
Inspector Carlton Higgins
The election officers were sworn to the faithful performance
of their duties.
The polls were declared open in each precinct at 7 a.m. and
remained open until 8 p.m. , at which time, after due notice, they
-�- were declared closed. '
�
`.._
_.... ,.:�a,
��� ;:.:i
10 � (Town Election,� March 5, 1990, cont. ) _ �°�u�
���
The total number of registered voters in each precinct , }�
eligible to vote as of February 13, 1990, is as follows: ;,,�
�
PRECINCT REGISTERED DEMOCRATIC REPUBLICAN UNROLLED �"�
�.
VOTERS �.
;_�
1 1938 1009 350 579 �
2 2198 1202 358 638 ��
':M;sJ
3 ;2106 973 , 409 724 >�
4 2179 1075 450 654 'k:�'
5 2339 1030 425 784 ::�
6 2070 995 474 601 ;��
7 2130 1067 390 673 . `�'
8 '2211 967 478 766 � >��'�
9 2�60 �.947 407 706
,.
-------- --------- --------- ------ =1
`)
TOTALS 19131 9265 3741 6125
:°�
'.�.:�
. ���.:�3��.
3.
�I
Recap sheets were delivered to the Board of Registrars in the
Comptroller's Office. ��i
18� of the registered voters voted. . ;�
� ' -
The Town Cl"erk and the members of the Board of Registrars canvassed `��y''
the results as follows: � • , �:',
,.�
':a:'.
�;:�.
`:�
� -;;:�
' � wi
� s
� � . .. . .. . . ' .. .. . . . . .... �
'. � Town of Lexington
Yown Wide tally for: local elections PRINTED ON: 05-i�ar-90
held on: 5-a►arch-90 Vote count report
i
' �otals PR1 PR2 PR3 PR4 PR5 PRG PR7 PR8 PR9 �
, Vote countE 3611 27G 452 425 4%1 335 437 352 463 390 �
SELECTMAN
John C. Eddison 2350 170 299 281 312 211 288 230 300 259 i
Paul W. Harshall 2386 174 306 275 30G 204 321 239 317 244 I
All Others 9 4 3 1 1
-E�lanks 2477 208 299 294 324 235 2G1 232 348 27G
i�ODERA?OR
Margery H. Battin 2647 190 333 296 354 �45 327 265 358 279
All Others 2 1 1
-Blanks 962 86 119 129 117 80 110 86 124 111
SCHOOL COI�MITTEE
Paul,• A. La Pointe 12G3 103 202 �00 154 108 123 89 1G1 123
Sheldon A. Spector 2031 158 207 181 2GG 183 285 236 300 21�
All Others G 1 3 1 1
-51ar�ks 311 15 43 43 51 34 29 24 21 51 I
FLANNING BOARD
kobert. H. Domnitz 21G6 1G1 273 �4G :?85 203 290 213 �78 217 r--� `
A 1 Others 3 1 1 �
-�IanY.s 1442 115 179 178 186 122 147 139 204 17�
LEXIN�TON HOUSING AUTHORITY , ;
William T, Spencer 2396 186 �97 270 310 227 321 237 399 249 -
Q�}aQ�.�ers 121� 90 15� 1�� 1G1 98 11G 115 183 141
�': �
';`�,� �
� j
. . `:.,:5
j
. ��
":
__------------- -----— -------- __r
I
...w,..._...�.M... .. y,,.
. 3 7�� ;:�
_ :*
. . � . � . .. . -...�'•.:'S
. ' . .. . . .(F...
.�i
- . . . � . . . . : ,,�.
_�.
� � � . . � i:j3
� ,ti
.
N .""__....__:._._.-. ...
. pRNancyWM.�Ad�eiG HEMHERS 172 PR-S ?OWN MBETINQ M8M8BR8 `{'
' Rona G. Cohen Waliace C�pp 200
130 Elaine Or�tch Z16
John E. Curry 132 Joh� Hayward '
A1Ger! P. Zabin 1G2 �udith C. Leadec l�a �ry
Ja�►es A. Cataldo 174 HphraiM Weiss 19a
� Ronald Levy 2 DaviC 0. Willia�s . r�
, Fatricia HageCorn Z Charles 8. Blua�ssck �11 ``
kobert F. Walton 1 Andr�w J. Friedlich i � �
— Jean Y. Co1Q 1 Re�d Kin9ston Zsylor 3� � �
Chaur-Ffing Chou 1 Julley Ann� Weinatock
--•---Blanks 1159 Charlfs S. Brenn�r a�
StevQn Co�angQlo 1 ;`
PR-2 tOWN MEETING MEMPERS -8lanks 1353 �K
Willia�a J. Curtis, Jr. 19G � .;.
Leonora Y., Fesr�vy 212 PR-6 iOWN MEETIMO MEM8BR8
�ohn R.• Ho1C 211 Mar9aret N. Brook• 264
Danisl A. Lucas z2� Morton (i. Kahan 264
Arthur C. Saith y�p ludith 8. Marahall $86
Christina J. Welch Z�� H. bi9elow Maare 233
Carolyn C. Wilson Zq� Wflliam i. gpen�os �77
Ell4worth H. Fisher 210 Pote� piaMo�d 215
Kristin S. 0'Sullivan a73 Michael Y. Oolay aa8
thaddeus P. Yochar,�ki 1 Danial J. Oreanwood 243
-8lsnks 3140 3ames M. Saith 130 �
� PR-3 TOWN MEETING MEMBEkS LBlanks DiM�ascio 1
Joy C. Buchfirer 2G0 918 -
John P. Carroll 1G9 PR-7 SOWN MEETIN(3 MBMgERB "`'�
Don J. J. Cordell 185 Ca�herine M. D. Abbott
Brna S. o�ee�. aa� ���
235 Esthe� S. Arlan 198
' . Ciloria V. Holland 258 Audrey J. FriQnd �'
Paul A. La Poir�ta 19G L�oyd Gilson ��� �;�
. kobert C. Whyt� 145 Jacquelyn H. Ward ,��
Richard L. Neumeier 193 Martha C. Wood Zal
ltuth F. Souza , aZ9 James C. Wood, Jr. Zsg � "`
Jonathan Rawl� � 1 Pally H. Wooduooth s� �
-8lanks 1105 Marti� Horoaits 33 ;�
Robert Parias. � r
' PR-4 ?OWN MEEiINt3 MEMBERS Mark Vatiades i� ''�'
� Nancy M. Cannalo��ga �� ��
�--- Lois J. Coit ' "'S P�tric.ia Scully i .�
I.. Gail Coluell 302 Richard Schaye
Ronald W. ColWell `�� Eliaabeth Barabush y �:�
2GG Grayden M. Whaato� 1
Peter David Br�rich 272 -blanks }
Elizab�th C. -Haines ZgZ 1048 ;-
Margar�t F. kawls 318 4
------_ .. .
Martin Y.. White 290 PR-8 TOWN MEETINQ MBMB&it8 Y
Brian P. 6urke 'lg5 Ro9ar F. 8o�ghesani
Nicholas A. Cannalon3� 241 Florence E. Connor 31S ' �
-Blanks 1558 Kathloen Vogt Kissell
19� �'
kichard A. Michelson Z�q . .�
Jack Sarmanian 266 '�
M�r9arat Schuartiz � a89
Dennis Sullivan Z53 �;
Maria Constantinid�s .- ���
• Iona I�. Qaring . a8G
Charles Hornig . 330
-Blanks a�s
� 1619 `'s�,
, PR-9 TOWN MEETING MBM88R8
Alice J. Adler ' 189
Kenneth 0. Alvas 177
DianQ C. Aron�on 18Z
Willia■ L. K��ney 1S0
Janice A. Kenn�dy 189
Richard M. Perry 135 ,�'
Daniel J. RaPPerPort 133 ��o
Jamas �. Scanlon 1�4 '�;
�...—. kichard Schaye 184
Deborah B. GreQn '.;:�
� James A. Hester, Jr. 188 ;�
' Isabel H. M�oczkoWaki
� l Michael Schrc�ier ali . ;,�
-Blanks � � �487 -.:�
,
� ��,
�.i:r.
;:+
,,�
. • "":�
. , ��:
� . . . � � , :°,r,
. � • . , . ' . . .,`i.
�x„
��"� Town Wide tally for: 1oc31 elect�8��� of Lexir�9tor� �,�INTED ON• 05-Mar-90 i
�held on: 5-rearch-90 Winners report
Totals Pkl FR2 FR3 PR4 PR5 PR� PR7 PR8 gR9
Vote coun�: 3G11 27G 452 A25 471 365 437 352 483 390
SELECTMAN
->Paul W. �larshall 238G 174 30G 275 30G 209 321 239 317 244
-7�ohn Ce Eddiso� 2350 170 29� 261 312 211 288 230 300 259
All Others 9 9 3 1 1
MODERATOR
->Mar9ery M. Battin 2G47 190 333 2��G 35� - 245 327 2G5 358 a79
All Others 2 1 1
SCHOOL CQMMITTEE
->Sheldon A. Spector 2031 158 207 181 2GG 183 2H5 29G 300 215 I
Paul A. La Pointie 12G3 103 �;02 2U0 1�4 1011 123 89 161 123 i
All- Others 6 1 3 1 1
PLANNING BOARU ' �. '
->Robert He Domnita 21GG iGl 273 24G ��35 203 290 213 278 217
All Others 3 , 1 1 1 �
LEXINGTON HOUSING AUTHOkITY
I
->William T. Spences :39G 18G 297 �70 310 227 321 237 299 249
All Others g 1
i
, Totala Totals � �
� i
PR-1 TOWN MEETINr, ►����ERS �k-G TOWN MEETING MEMHERS
-7James Ae Cataldo 174 ->Judith b. Marshall 28G ,
->Nancy Me A�ler 172 -7Wiliiam T. Spencer 277
->Albert P. ZaGin 1G2 ->Morton G. Kahan 2G9
->3ohn E. Curry 132 -aMar9are4, N. Brooke 2G4
->Rona G. Cohen 130 ->Daniel J. Greenwood 243
" ->Patricia Ha9edorn 2 -:%�H. Bigelaw Moore 233 �
-}Ronald Levy � -?Michael W. Golay 228 '
Chaur-Fiin3 Cho�a 1 P�ter Oiamon�i 215
Jean W. Cole 1 James M. Smith 130
Robert E. Walton 1 Loretta Uihiascio b
pR-2 TOWN MEETINr, M£MBEkS PR-7 TOWN ME6TINr, MEM6EkS � �
->Kriatin S� 0'Sullivan �73 -}Martha C. Wood 255
=7Carolyn C. Wilson 24G -7Catherine M. II. Abbott 227
->Christina J. Welch ��`� ->,acquelyn H. Ward 221
-�Daniel A. L��c3s ->�lo d Gilson
->Arthur C. Smith ??p Y 207
-;•Leonora K. Feeney 21� ->Esther S. Arlan 198 i
->,7ohn k. Holt �11 ->A���irey J. Eriem� 19G ';
Ellsworth H. Fisher �lp ->lames C. Waod, �r. g0
Williaro �, Curtis� Jr. 19G • �olly H. Woodworth 33
Thaddeus F. Y.ochanski 1 Robert Farias 19
Martin Horowitz q
Mark Vafiades 3
PR-3 TOWN MEETIN� MEMBERS Gray�en hi. Wheaton 1
-iJoy C. Buchfirer 2G0 Elizabeth Rarabush 1
-:>�loria V. Holland 2gg Patricia Scully 1 i
->Erna S. Greer�e 235 ' i
-'>Ruth F. Souza `�g ;
->Paul A. La Pointe 1gG Pk-B TUWN MEBTING MEMBEkS i
-}Richard L. Neumeier lgg ->Ione D. Garin9 330
-}Don 1. J. Cordell lg� -�Florence E. Conr�or 315 I
�ohn P. Carroll l�g ->Mar9aret Schwartz 2B9 �
Robert C. Whyte 19� _ ->Ro3er F. Bor9hesani 288
Jonathan kawle 1 ->Maria Constantinides 28G
-- ->Richard A. Mic�ielson 274
-?lack Sarmanian , 2GG
F�R-4 TOWN MEETINr, MEMBERS ->pennis Sullivan 253
->Mar9aret F. kauls 318 -}Cha'rlea Horni9 ''35
-?Lois �. Coit 30� Y.athleen Vo t Kissell 192
->Martin K. White bgp 9 :
->Elizabeth C. Haines 282
->Peter Lavid Enrich 27e
-}L. Gail Colwell 270 !'R-9 TOWN MEETING MEMRER�
->Ronald W. Colwell �G6 ->Iieborah H. Green 219
->Nancy t1. Car�nalon3a 255 ->Isabel H. Mroc�kowski �13
->Nicholas Ae Cannalonga d41 -»anice A. Ker�nedy 189
Brian P. Burke 185 -:�Alice J. Adler 189
-:>J.ames A. Hester, 1r. 188
, ->[tichar�i Schaye 189 ;
�R-5 TOWN MEETING MEMbEF1S ->Diane C. Aronson 182 "'^`
-7Elaine Lratch �1G -?Yenneth 0. Alves 177 ��
-?Uavid G. Williams �11 ->Richard �i. Aerry 155
->Wallace C��pp ,, -7William L. Y.eeney 150
->John Hayward i�� James 1. Scar�lon 194 �,
->EPhraim Weiss 19� Daniel 1. Rap erport 133
->Ju�jith C. Leader 1G� Michael Schrc�der 1
->Andrew J. £rie�ilich 3G
->101�1ey A��r�e Weinstock �
Reed I:ingstarr Taylor b�
Steven Colar�gela �
Charles S. brer�ner a �
Charl�s Ee Fflumsack 1 ,
I
- I
�
�
,,�
i
` -- -- ------------ _ _ ___ -- -_ _-----__ �._
_------___ _--------------
�
373
ABSENTEE BALLOT BREAKDOWN
� ANNUAL TOW;d ELECTION
?vfARGH 5� 1A90
APPLICATIONS BALLOTS SALLOTS RETURNED
PRECINCT PROCESSED RETURNED UNUSED Tpp LATE
VOTED BY MAIL
, . (Excluding Permanently Physically Disabled)
.—, 1 2 2 _ _
� 2 2 _ 2 = .
,.�� 3 7 4 3 '�
4 6 4 2 _
5 4 1 2 1
6 9 7 2 _
7 1 _ 1 _
_ 8 6 4� 2 _
9 - _ _ s
Totals 37 2Z 14 1
VOTED BY MAIL
(Certified Permanently Physically Disabled)
1 3 3 .
2 1 1 _
' 3 2 1 1
4 1 _ 1
7 2 1 1
8. 1 1 _
Totals 10 7 �
VOTED IN PERSON OVER THE COUNTER
1 _
2 1 1
3 3 :3
4 4 4
5 5 5
6 4 4 i
7 2 2
8 2 2
9 g . : $
Totals 29 29
Grand Totals 76 58 17 1
A true copy. �
Attest:
Bernice H. Fallick
�I Ma.rch 9,` 1990 - resignation - pr. 1 of Ronald Levy, 15 Bryant Road
``—� March 9, 1990 - resignation - pr. 2 of Lillian T. MacArthur, 33 Charles 5treet
March 12, 1990 - replacement - pr. 8 Kathleen Vogt Kissel, 17 Manning Street
for Benjamin H. Golini
March 12, 1990 - resignation - pr. 3 of Paul A. LaPointe, 250 Concord Avenue
March 13, 1990 - replacement - pr. 2 Ellsworth A. Fisher, "8 �Great Rock .Road'
for Lillian T. MacArthur
March 19, 1990 - replacement - pr. 3 John P. Carroll, 29 Al1en Street
for Paul A. LaPointe
P4arch 19, 1990 - resignation - pr. 7 of John R. Campbell, 100 Bertwell Road
P�1a.r¢h 26, 1990 - resignation - pr. 1 of Patricia K. Hagedorn, 17 Fiske Road
March 26, 1990 - replacements - pr. 1 Chaur-Ming Chou, 27 Whipple Road and
� Jean W. Cole, 23 Whipple Road
for Ronald Levy and Patricia K. Kagedorn
���
1990 ANNUAL TOWN MEETING
_ MARCH 26. 1990 �
The meeting was called to order by Moderator Margery M. Battin,
at 8:03 p.m. , in Cary Memorial Hall.
I
There were 198 Town Meeting Members present.
8:03 p.m. The invocation was offered by Reverend Brian Dixon,
First Baptist Church. �
� A moment of silence was observed in memory of former member,
Richard Eaton.
The Moderator praised the significant contribution of other
longterm members who had served the Town.
8:05 ' i
p.m. Town Clerk, Bernice H. Fallick, read the Warrant for
the Meeting until waived.
8:06 p.m. Town Clerk, Bernice H. FAllick, read the Constable's
Keturn of the Warrant,
� I
The Moderator outlined the schedule and explained procedures.
------------------- 1
ARTICLES 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
8:16 p.m. The Moderator explained that this article would remain
open throughout the Meeting.
8: 1E �.m. John Eddison, Board of 5electmen, explained the "B"
budget which contains cuts and the "A" budget which requires a
need for an override election. The Selectmen have voted for June �
11, 1990, as the date for the proposed referendum. A majority of
the Board of Selectmen supports the override. The actual vote for ��
the referendum will be taken at the end of the Annual Town '
Meeting. ,
I
8:21 p.m. Mr. Eddison moved that the Report of the Town Manager �
be accepted and placed on file. �
�
I
Following a voice vote at 8:21 p.m. , the Mocierator declared the
Report of the Town bianaoer to ha��e. been accepted and placed on
file. .
Ri.chard J. White, Town htanaaer•, presented his Report. �
8:34 p.m. Michael 0'Sullivan, Appropriation Committee, moved that
the Report of the committee be accepted and placed on file.
Following a voice vote at 8: 34 p.m. , the Moderator declared the
Report to have been accepted and placed on file.
Mr. 0'Sullivan presented an explanation of the Committee's
position. i
i
, �
8:51 p.m. Karen Dooks, Capital Expenditures Committee, moved that � �
the Report of the committee be accepted and placed on file.
Following a voice vote at 8:50 p.m. , the Moderator declared the
Report to have been accepted and placed on file.
Mrs. Dooks presented an explanation of the Committee's position. ;
: �
i
. � ;
. --- ----__---------- _ ___— - -------_-_ _._..-----
-------- ------
�--
� 375
(ANNUAL TOWN MEETING, CONT. - MARCH 26. 1990)
ARTICLE 3. APPOINTMENTS TO CARY LECTURE SERIES
MOTION: That a committee of three he appointed by the
Moderator to have the charge of the lectures under the passed
�__-
wills of Eliza Cary Farnham and Suzanna E. Cary for see below j
the current year.
8:59 p.m. Presented by John Eddison, Board of Selectmen. '
Foliowing a voice vote at 8:59 p.m. , the Moderator declared
unanimous passaoe.
ARTICLE 4. OPERATING BUDGET
Notice of
MOTION: That the following amounts be appropriated reconsideration
for the ensuing fiscal year and be raised in the tax p• 382
levy except where a transfer is indicated they shall
� be provided by such a transfer,
9:00 p.m. Presented by John Eddison, Board of Selectmen.
9:00 p.m. William Fallon, Pr.7, moved to postpone Article 4 to
Wednesday, Dtarch 28. � -
9:02 p.m. Mr. Eddison stated the inconsistency and urged
-'�" rejection, as did Mr. 0'Sullivan, Appropriation Committee. '
Following a voice vote at 9:04 p.m. , the Moderator declared that
the amendment did not pass.
9:05 p.m. Renee Cochin, fiuman Services Committee, movec� that the
Report of the Human Services Committee be accepted and placed on
file. Following a voice vote at 9:05 p.m. , the Moderator stated
that the Report had been accepted and placed on file.
The Moderator read the following: ,
Schools
1100 Public School-Education 27,627,566
To which the sum of $250,000 in a�railable and
anticipated P.L. $74 and other available Federal and
State Funds, along with anticipated athletic receipts Notice of
is to be applied, and the balance of $27,377,566 is to reconsideration
be raised in the tax levy, provide�l, however, that p• 382 ,
$669,567 of the appropriation and°�the amount to be
raised in the ta1 levy is contingent upon the approval .
of Question No. 1 ap��earing on the hallot for the
� � June, 1990, special election. i
9:06 p.m. Polly Woodworth, School Committee, commented.
9:14 p.m. Philip Geiger, Superintendent of Schools, highlighted
the 5chool Budget.
There was further comment from Town �teeting Members.
9:36 p.m. Jacqueline Davison, Pr.3, made the following motion:
�76 _ _
(ANNUAL TOWN MEETING, CONT. - MARCH 26, 1990} `
MOTION: that line item 1100 Lexington Public School -
failed be amended by deleting the figure $27,627,566 and
see below substituting therefor the figure $27,645,Q66 and by
adding the words "of which $17,500 shall be
transferred from the Unreserved Fund Balance" at the
beginning of the text under the line item.
,
. I
Discussion followed. �
Michael 0'Sullivan stated Appropriation Committee opposition.
Following a voice vote at 9:50 p.m. , the Moderator declared the , I
motion had not been adopted. ',
There were comments on the line item from various members and
citizens, '
Paul Marshall stated that a majority of the Selectmen were �
recommending the override to maintain quality.
The Moderator continued the reading of Article 4:
1200 Reaional Vocational Technical 710,652 I
Notice of School Assessment �
reconsideration (Of which $91,893 shall be transferred from the Unreserved
p. 382 Fund Balance, provided that such transfer and $91,893 of the
appropriation shall be rescinded if the proposed cut of '
Reconsidered state aid to Minuteman Regional Vocational Technical Schoal
p. 409 but District is restored. Be it further moved that the
no change following resolution be adopted; .
Tliat the Town h[eeting direct each of its Senators and
Representatives in the General Court, through the Board of �
Selectmen, to work aggressively to ensure that: �
�,.
a. No more local or school aid be withheld from towns and I
regional schools in Fiscal Year 1990 and �
b. Local and school state aid be restored at least to the �
Fiscal Year 1989 level for the Fiscal Year 1991.
i
c. These provisions cover all elements of state aid paid i
under Chapter 70 and Chapter 71 of the General Laws of �,
the Commonwealth of iKassachusetts. i
Nyles Barnert, Pr.4, spoke for Minuteman Regional Vocational
Technical School.
Responding to a question as to the inclusion of a resolution with
the line items, the Moderator stated it: to be within the scope of
the article. There was cliscussion as to the possibility of
' separating the resolution for voting purposes.
The Moderator continued the reading of Article 4:
Emplovee Benefits ' �
2110 Contributory Pension Fund 2,439,750
2120 Non-Contributory Pension 198,000 "�
2130 Pension Funding 0
2140 Retirement Expenses 15,150
2150 Insurance 4,011,783
' I
_ �
I
�
------ - -- ------
-- ----- -- ---_---___.
�
377
(ANNUAL TOWN MEETING, CONT. - MARCH 26, 1990Z
Debt Service
2210 Funded Debt 925,000 I'�
2220 Interest on Debt 653,739 ,
2230 Temporary Borrowing 25.,000
2230 Exempt Debt 1,822,000 I
� • Public Works Department I
r 3100 DPW Personal Services 2,240,414 �ended ,
(Of which $30,000 is to be transferred from the see below
, . Parking Meter Fund and $200,000 is to be transferred from Not. of
the Cemetery Trust Funds. ) reconsid.
3100 DPW General Expenses 3,067,054 p.382
(Of which $146,000 is to be transferred from the
Cemetery Trust Funds. ) Reconsideration '
failed
10:26 p.m. �Iichael 0'Sullivan, Appropriation Committee, made the p. 418
following motion:
MOTION: That the amount for DPW General Expenses be '�
reduced by the amount of $20,000 to the new sum passed '
requested - $3,047,054,-in line item 3100. see below
Paul Marshall, Board of Selectmen, spoke against. , '
Various members spoke for and against. ,
Following a voice vote at 10:34 p.m. , the Moderator declared the
amendment to have been adopted.
�; The Moderator continued the reading: ;
� �� � � �
--�- Public Safetv
4100 Police Department Personal Services 2,400,154
(Of which $146,152 is to be transferred from the
Parking Meter Fund} ; and provided, however, that
$30,767 of the appropriation. is contingent upon
the approval of Question No. 1 appearing on the
ballot for the June 11, 1990, special election.
4100 Police Department Expenses � 264,528 '
(Of which �3,848 is to be transferred from the
Parking hleter Fund. }
Fire Services
4200 Fire Department Personal Services 2,285,734 Notice
Provided, however, that $78,000 of the of reconsider.
appropriation is continoent upon the p. 382
approval of Question No. 1 appearing on the
ballot for the June 11, 1990, special election. Reconsideration '
failed
(Ruth Walton indicated to the Town Glerk her intention to abstain p• 410
� on this portion. )
� The Moderator recognized representatives from the Lexington Fire
`"�" Department who spoke and showed a film relating to fire control.
�
�?�
(ANNUAL:TOW�I MEETING, CONT. - MARCH 26 1990)
11:00 p.m. Daniel Greenwood, Pr.6, made the following motion:
failed � MOTION: that the motion under line item 4200 be
see below amended by deleting the proviso and substituting
therefor the following: (Of which $78,000 is to be �
transferred from the Unreserved Fund Balance. }
Selectman Marshall spoke against the motion. Selectman Dailey
spoke in supporte Michael 0'Sullivan, Apprapriation Committee, �
voiced opposition.
Various members spoke for and against the amendment, long range
responsibilities, the need for override,
Following a voice vote at 11:21 p.m. , the Moderator declared the
amendment not to have passed. �
A sufficient number of inembers stood to doubt the Moderator's
decision.
The Moderator called for a standing vote which was tallied as
followst �
Precinct Yes � No Abstain �
1 8 7 1
. 2 6 11
3 3 12
4 4 12
5 3 13
6 1 14
.. q. _ 5 12 . . ',
8 9 9
9 4 15 �,
At large 3 17
Totals 46 122 1
11:26 p.m. The Moderator declared the amendment not passed.
The Moderator continued the xeading of �lrticle 4: `i
i
i
4200 Fire Department Expenses 180,770
11:27 p.m. John Eddison, Chairman of the Board of Selectmen,
moved that the meeting be ad;journed until h'ednesda,y, March 28,
1990; at 8 :00 p,m. , in Cary Hall.
i
Following a voice vote at 11:27 p.m. , the Moderator declared the
meeting to be adjourned. •
A true copy.
Attest: i
� � � �
Bernice H. Fallick �I
� Town Clerk �
I
i
379
ADJOURNED SESSION - 1990 ANNUAL TOWN MEETING
MARCH 28, 1990
The meeting was called to order by Moderator Margery M. Battin,.
at 8:00 p.m. , in Cary Memorial Hall .
There were 198 Town Meeting Members pressnt. �
8:03 p.m. The invocation was offered by Reverand Peter Meek,
Hancock United Church of Christ.
The Moderator commemorated Betty Clark's 32 years of service as a
Town Meeting Member. �
-- ----------------- �
! 8:09 p.m. The Moderator cantinued the reading of the Motion on
Article 4:
Building & Zoninq Inspection �
4300 Inspection Department Persanal Services 146,967
4300 Inspection Department Expenses 4,225
Library Services
5100 Library Personal Services 851 ,561
Provided, however, that $30,000 of the
appropriation is contingent upon the
approval of Questian No. 1 appearing on the
ballot for the June 11 , 1990, special election. �
510D Library Expenses 230,700 �
Recreation
5200 Recreation Personal Services , p Notice of
5200 Recreation Expetlses p reconsider.
p. 382
5300 Town Celebrations Committee 10,000 �
Reconsideratio
5400 LEXPRESS/Transportation 232,500 failed
(Of which �80,000 is to be transferred from the � p. 41s
Parking Meter Fund) ; and further that the
, Selectmen be authorized to apply for, accept ;
, and expend funds from the M.B.T.A. or any other I
�: governmental agency in connection with such local Notice of
transportation system, and to contract with 3 Reconsideration
rivate r
p t ansit co
mpany to provide transportation p 3g2
services; and provided, however, that $140,000 of
the appropriation and the amount to be raised in the Reconsideration
tax levy is contingent upon the appraval Of failed
Question No. 1 appearing Qn the ballot for the p- 411
June 11 , 1990, special e7ection.
8: 13 p.m. John Eddison, Board of Se7ectmen, spoke in favor of
line item 5400.
8: 16 p.m. The Moderator recognized William Mix, Transportation
• Advisory Committee, for an explanation of how a new six route
system had evolved.
There was further discussion. Town Manager, Richard White,
cammented an C.40, s.22A, as it governs parking meter fees.
;�o
(ADJOURNED SESSION. A.T.M. , CONT. - MARCH 28, 1990) - .
8:38 p.m. Karsten Sorensen, Pr.4, made the following motion:
MOTION: that Article 4, Account 5400, be amended by '
. changing the amount $232,500 to $50,000 and that the �
motion under Article 4, Account. 5400 be deleted and ,
failed the following be substituted therefor:
see below "for a transportation system sometimes
called a "Dial-A-Ride" system to serve �
senior citizens and others as determined '
by the Board of Selectmen; and further i
that the Board of Selectmen be authorized
to apply for, accept and expend funds from ;
any governmental agency in connection with I,
such local transportation system, and to
contract with a private company, public ,
agency or other organization to provide
such services; and that the amount $50,000 ,
be raised in the tax levy provided that '
the appropriation is contingent upon
approval of Question 1 appearing on the
ballot for the June, 1990., special
election, "
Discussion followed. Selectman Eddison urged defeat. Michael
0'Sullivan, Appropriation Cammittee, stated the motion was well
crafted. Albert Zabin, School Committee, asked that LEXPRESS be
kept in the override budget. Erna Greene, Pr. 3, stated her
intent to abstain.
Following a voice vote at 8:51 p,m. , the Moderator declared the
amendment not adopted. '
Numerous members continued discussion of LEXPRESS service. I
9: 15 p.m. The Moderator continued the reading of Article 4: I
Health
6110 Health Personal Services 96,469 I
6110 Health Expenses 22,550 ,
6120 Visiting Nurse & Community Health 8,400 ' 'i
;
6130 Rabies Clinic 3,350 I
6140 Animal Control Personal Services 20, 184
6140 Animal Control Expenses 5,000
Council on Aqing
6200 Council on Aging Personal Services 65,292 '�
6200 Council on Aging Expenses 104,672
Veterans '
6300 Veterans Administration 18,148 I
6300 Veterans Expenses 11 ,656 '
i
Human Services �
6410 Youth Services 70,000 ',
Notice of provided, however, that the appropriation is contingent
Reconsideration upon the approval of Question No. 1 appearing �
i
1�r 382 on the ballot for the June 11 , 1990, special ' j
election. ;
9: 17 p.m. Judith Zabin explained the service of RePlace. Several I'�
people spoke in support. ,
. , - �
_. __..._._
y '
. :__'-_.__'__---_'_' "-_' . -� __.-__-.-
���
(ADJOURNED SESSION., A.T.M. , CONT. - MARCH 28 1990)
I
The Moderator continued the reading of Article 4: '
6420 Service to Qevelopmentally Disabled 11 ,000 '�
There was some discussian as to the merits of home liens. �
The Moderator continued: ��
� General Government
� 7110 Selectmen Personal Services 47,389
7110 Selectmen Expenses 12,2pp '
7120 Town Manager Personal Services 188,444 �
7120 Town Manager Expenses 12,850
Town Manaqer Jurisdictional
7130 Temporary Help & Overtime 36,750
7130 Clerical Pool 17,434 '
7130 Fire & Police Medical 36,444
7130 Out of State Travel 7,000
7130 General Professional Services 79,000
9:39 p.m. Richard White, Town Manager responded to a questian
with an explanation of Instate and Out of State Travel .
' The Moderator completed the reading of Article 4:
7t30 Director of Guides 1 ,500
7130 Tuition & Training 14,000
� � 7130. Instate Travel 12,500-�Notice of
7140 Town Report 6,250 Reconsiderati
p. 382
Leqislative '
7210 Appropriation Committee 950 Reconsideratio
7220 Miscellaneous Boards & Committees 7,400 failed i,
� p. 418 I
Finance ���
7310 Comptroller Personal Services 148,691
7310 Comptraller Expenses 95,350
7320 Treasurer/Collector Personal Services 121 ,067 ,
7320 Treasurer/Collector Expenses 14,750
And further that the Treasurer and Collector is hereby
authorized to enter into compensating balance
agreements during fiscal years 1991 to 1993, as
permitted by General Laws Chapter 44, Section 53F.
7330 Assessors Personal Services 121 ,616
7330 Assessors Expenses 9,650
7340 Data Processing 38,000 .
Staff
7410 Legal Fees 143,360
7410 Legal Expenses 31 ,640
7420 Town Clerk Personal Services 95,331
7420 Town Clerk Expenses 2,475
7430 Board of Registrars Personal Services 1 ,806
7430 Board of Registrars Expenses 32,920 '
7440 Elections/Town Clerk 32,266 '
7450 Elections/Selectmen 29,900
� -
f Communitv Development '�
`�-- 7510 Planning pept. Persona7 Services 96,439
7510 Planning Dept. Expenses 6,900 '
7520 Board of A;ppeals Personal Services 22,g27
7520 Board of Appeals Expenses gpp
7530� Conservation Commission Personal Services 52,207
7530 Conservation Commission Expenses 9,650
7540 Historic Districts Commission 2,800
�:
��2 (ADJOURNED SESSION, A.T.M. CONT - MARCH 28 1990)
9:45 p.m. Vicky Schwartz, Pr. 3, made the following admendment:
MOTION: that line item 1100 be amended by s�riking '
the figure $27,627,566 and replacing it with �
failed $27,647,566 and by striking the figure $27,377,566 and �,
-see below replacing it with $27,397,566. ,
There was discussion for and against. Michael 0'Sullivan,
Appropriation Committee, stated that a majority of the Committee
were against the motion.
Following a voice vote at 10:02 p.m. , the Moderated declared the
amendment not passed. ',
(William Welch, Jr. , stated his intent to abstain from voting on ,
Article 4. )
John Ryan, Comptroller, responded to a question on 7310. Richard '
White, Town Manager responded ta a question on 7450. There were
further statements, questions, discussions regarding assorted
items connected with Article 4.
Following a voice vote at 10: 19 p.m. , the Moderator declared
Article 4 adopted.
10:22 p.m. The foll4wing served Notice of Reconsideration:
Michael 0'Sullivan, Appropriatian Committee entire Article 4
James McLaughlin 1200 Minuteman Vocational Tech
Fred Rosenberg 5400 LEXPRESS
Renee Cochin 6410 Youth Services I
Iris Wheaton 3100 Public Works ` �
�� 7130 Instate Travel '
William Fallon 4200 Fire Department Personal
Services '
Jennie Oberholtzer 1100 School Budget
Ephraim Weiss 5200 Recreation, both parts
ARTICLE 5. Salary Adjustments and Collective Bargaining '
passed Settlements '�'
-see below �
10:22 p.m. John Eddison, Board of Selectman, made the following i
• motion:
MOTION: That $311 ,414 be appropriated for the ensuing
fiscal year, in addition to those authorized under Article 4
of this warrant, to fund cost items (a) included in
collective bargaining agreements reached between t�e Town j
and employee organizations and (b) resulting from such
agreements as they bear on the Town employee wage and salary
plan, and that such amount be raised in the tax levy. The i
amount voted is to be distributed among the parsonal
services accounts as authorized by the Board of Selectmen.
10:26 p.m. Michael 0'Sullivan, Appropriation Committee, stated
approval . ,
Following a voice vote at 10:27 p.m. , the Moderator declared I',
unanimous passage. . ��
10:27 p.m. John Eddison, Chairman of the Board of Selectmen;
i
moved that the meeting be adjourned until Monday, April 2, 1990, '
at 8:00 p.m. , in Cary Hall . Following a voice vote at 10:27 p.m. ,
the Moderator declared the meeting to be adjourned.
A true copye �
�
Attest: '
� ��L-�-- !
�
Bernice H. Fallick, Town C]Lerk
March 29, 1990 - replacement - pr. 7 Polly H. Woodworth, 26 Bertwell Road �
for John R. Campbell �
----- -- -�— - -- — ----_------ - ----- __----.._-----
3�3
A_UJOliRyEU__SESSIUN - ly9Q fiN�UAL_TQk!�__M_�E'I'I_NG ,
APkI L 2�199U ,
The meetin� was called to order bti� h1odera.tor Margery M. Battin, at
8:00 p.m. , in Car,y Memorial Hall. �
There were 198 Town Nieeting Members present.
8:00 p.m. A moment of silence was observed in memor,y- of Anne
Bor�hesani, dausht,er of Town Meetir,g �1ember, Roger Borghesani.
The invocation was offered b�r Re�-erend Po11y Guild, Follen '
Unitarian/liniversalist Church.
� 8:06 p.m. Under Article 2, Reports, Caral;�-n Wilson, Pr.`L, moved
�. that �he Rei�ort of t1�e Cary Gec�ure S�ric�s be acceptec! and placed
on file. Followin� a voice vot,e at 8:OG }�.m. , tr�e Moderato�� ,
stated that the Report had been acceE�ted r�nd placed on f�.le. �irs. '
Wilsor, asked the Moderator to r��c�,nizc: h�r father. , Ra,ymond
Culler, for the presentation,
�1RTICLE 6. Wat;er OE�erations - '
Passed -
�10TI�ti: Tl��at the sum of �?,700,496 be appropriated to funcl see below I
the opera.tion of the �vater lli��ision of the Department of '
Public Works, ancl to raise such a.m��unt $?,700,496 be I,
transferred from the Water Ente�,prise F'uncl.
8: 1 .m. r '_
l p P esented by ��lectman Jacquel,y�n Smi�h.
8: 19 p.m. Micha.el 0'Sullivan, Appropriation Committee, spolce in �
favor.
T}-�ere w�s ftirtl�er discussion.
Follo�5ing a voice vote at 8: 30 p.m. , tlie bioderator declar�ed
unanimous passa�;e. ,
-- ----------------- ,
T ARTICLE "r . Sewer Operations Passed -
�10TI0�: 1'hzt, the sum of .�,2,$66,Fi31 be appropriated to fund see below
t,hE: operai:ion of tl�,e Se��er Di��isior� c�f' t}��e Depar. tment of
Public t�or�cs, 3IlC� to r�tise such ali101111� $`L,866,E31 be '
ti�ai�sferred from the Sewer Enterprise Fund.
8:30 p.m. Presentecl b,y Selectnra�i Smith.
$:33 p.m. �iicii:-se1 0'Sulli��an, ;lppropr•iation Gommittee, spoke in
favor. '
Following a voice vote at 8; 34 p.m. , the }1oderator declared
unanimous passage.
AKTICLE 8. kecreation Enter•prise Fund
Passed -
MOTIUN: Th�t tE��e T��.��5 acce}:t 5�cti��n 39 h of Chaptc�r 40 p. 384
of' the General. Laws t.o esLah].ish an F;nterprise fund for
r�creation�l facili.ties and act;.i��ities; ���id tliat the sum of '
,i 68,=�28 b� a.ppropri ated t,� f'und the o}-�eration of the '
ftecreation De��artment, and to r�iise sur.h amo�ant $r18, 128 be �
tt�.ins['erred Crc>m �IiF.� Rf,�crE:,lt.ian Eril,F�r�pri��e Fund and :�5(.),000
l�,c: rai�:e�l i i� the ta� i.e���, ��rov i dc:ci, hacre��er, t11at. �50,000
' ol' the a}:,pr•opri�t,ion and ti�e amaunt to be raS.sed in tl�e tax
= le�-�- is contin;ent upon the a�proc�l of C�u��stion vo. 1
appeai�ir�� on t.tae ballot far• tl-ie June, 1990, special '
el2ction. '
�3:3� p,m. Pr�sentecl l�y Sel.ectman Lc:o ATcSweenei�.
`�3�
�DJ.UURN�D SESSIUti. A.T.M. , C;ONT. - APkIL 2, 199U�
i
8:36 p.m. There was further explanation from Richard White, Town
Manager.
8:45 p.m. Michael 0'Sullivan, ,Appropriation Commit.tee, spoke in
f'avor.
�
8:�7 p.m. Judith iNarshall stated that a majority of the
Recreation Committee was in favor,
Discussion continued with comments for and a�ainst, statements as
to the nhilosopi��y, possibilities f.'or re.voe,at:i��n if the Fund does I
not provide sufficient monev.
8:56 p.m. Elaine Dratch served I�otice of Reconsiderat.ion on I
Articles 6 a�1c1 7.
9:21 p.m. James McLau.�hlin, Pr8, moved the question.
F�l lowing a voice vote at 9: 22 p.m. , tl�ie ?�9oder•ator declared the ,
main motion to be before the �leetin;.
Following a vaice vote at 9:>2 p.m. , the Moderator declared the
main motion to have passed.
9: 22 p.m. Michael 0'Sulliian, :�ppropriatian Committee, served
Natice of Reconsideratian.
--------------------
_IPP ARTICLE 9. Supplementary Appropriations for Currer,t �
see below Fiscal Year (FY90)
�i0TI0N: Tt�at this article be indeCi»itely postponed.
9: G3 p.m. Presented b,y Selectm�n Paul Marshall. '
Followin� a voice vote at 9:23 p.m. , the Moderator declared the �
motion to have passed.
--------------------
ARTICLE 10. Prior Years' linpaici Bills
�i0'CION: That the yum of �16,26i. �4 be appropriated to �
Passed Aa,y the fort��-five bills renc}ered to the School j
- see below Department for prior years as shown on the list ��
on file wiLh the Town �l.ei�k, and that such !
�mount, be rzised in the ta� levy.
9: 29 p.m. PlE:sented b}- Jol�n Oherteuffc.r•, School Committee. '
9:24 p.m. Mi.chael 0'S�.illi��an, Appropr.iat.ion Committee, s��oke in
Favor. '
Folloh�in� a voice vote at 9: 25 p.m. , the hloderatar declared
un,��r��i.mo��s passa�e.
�I
9: 25 p.m, 6[ichael 0'Sullivan, :�piiropriation Committ�e, yervecl '
tiotice of Reconsideration. !
-------------------- I
�
ARTICLE l.l. Supplementar,y Appropria�tioris for• ; i,
. �� _ Author•ized C'�,pital Improvemetit Pi�o..ject;s I
- see below li
D10TT0:�: That this article be inciefinitel;tir ��ostponeci.
9:25 p.m. Presented by Selectman William Dailey. '
Folloc.�in; a voice vote at 9: 2� ��.m. , th� M�derator d�cla.red �',
i.�nanimous passage. '
- �
- i
38�
��ll,TUUKNED_..SESSION, A.T.i�l. , GUNT. - �PRIL 2, 1990�
ARTICLE 12. Reserve Fund
MOTION: That the sum of $25U,000 be appropriated for the Passed - ,
Reserve Fund, and that siich amount be r<�ised in the tax See below
lev�-. '
9:26 p.m. Presented by Selectman D�iley, '
9:27 p.m. Dticr�ael 0'Sullivan, Appropriation Committee, spoke in �
favor.
� Fol.los:in: a ��aice �-ote at 9: ?9 p.m. , the h9oderator declared
unanimous passa;�.
9:29 p.m. ;�(ichael 0'Sulli��an, appropriation Gommittee, sPr��ed '
hotice of Reconsideration.
--------------------
ARTICLF. ];i. Tax ;lnticipation F3c�rrowing
�10TtON: Tt��at the Town Treasurer, c�itf�� the approva.l of th� Passed -
Selectmen, be al.�thori.z.ed t� borrati� mone�� from time to time see below
in anticipation of the revenue for the fiscal year beginning
J�alv 1 , 199U, and tc� issue a r,ot.e or not,es thereFor, �aa�rable
within vi��e yezr, �.inder C;. L. c. =�9, sec. 4 �is amended, and to
renc>�� ;�n�• nc�te or notr�s �ts m��- be given f�r a period of less
t}�an one year, under G. L. c. �k� , sec. li,
9: 30 p.m. Presented b,y Selectman Daile��,
Foll.owin� a voice trote at 9: 31 p.m. , t}ie �loderator declared
urianimotis passa��.
-------------------------
;1ftTICLE 1 �. linempioyment Compensation F��nd
1 ��1UT10!�: That this article be indefinitely postponed. I��� _ ''
�
- - see below I
9:32 p.m. Presented by Selectman Eddison.
Followin; a vr�ice ��ote at 9: :32 p.m. , the ModeraLor declared
unar�imoi�s p�ssa;e.
------------------------------------
ARTICLE 15. Conser��ation Fund
I.ff'�'`_ -
i�tOTi�V: That this article he indefinitelv see below
postponed.
9: 22 p.m. Presented b�• �Joe] :adler�, ConsF>r�vat;�on C;ommission.
F'ollowin,g a t-oice vote at 9: 2'L p.m. , i,lle hlodera�.or declared
unanimous passa�e. .
------------------------------------
ARTICLE 16. Water ;�iains
'�9UTI0�;: 'I'hat the Selectm�n be and i;h:�v }��erel�,y are
authorired to install ne�. or r���la.cem�nt. water mains ar�d
line �nd relir�e wai;er mains .in such acc�pi;eci or un��.cc�apted Passed -
street,s or other land �s the Selectmen may determine, p. 386
sub,ject to the assessmeni; of betLerments or otherwis�, and
� to tal:e t;y cmirae�nL domair�, p�.�rci�a:;�: or otherwise acc.�uirc any '
- f�e, e�nsement or ot.l-�er int�.�rc�sl, in l:�ncl nece�s,:zry the.refor; '
Cc �E���,��>},ri;�te �6�}�,()OQ f'or� s��cl�� ;r�sP.rill�atio�� an�� lini.n7 and
land <�cr�ui;itioi�; aii�l t;f���xt. t.o me?et i,his al�E�ropriat;ion i;he
Treasurer ti��i l;h thE� a��pi�o��aJ. of the SelPcl,men is authar�ized
to borroh° eg=�5,000 urider G, L. c. �k� , §8(�} ,
9: 33 p.m. F'resentad bt� Sc�ler.tman Smith.
��� (ADJOUkNLD SF:SSIOV, A.T.'�i. , CO:�T. - APRIL 2x 1J90
I
9: 36 p.m. karen Dooks, Capital Expenditures Cammittee, spoke in
frlvor.
9: 36 p.m. �tichael 0'Sullivan, Appropriation Committee, spoke in
favor. ,
1�'ollowin� a voice vote at 9: 38 p.m. , the ModFrator declar�d I��
unanimous passa�e. �
�,
9:40 p.m. Eiaren Dool:s, Capital Expenditures Committee, served
:�ot,ice of Reconsideration. �
------------------------------------
ARTICLE 17. Install Drains/�tiidening, Deepening or I,
��P` - r�lterin; Bro�ks
see below
MQTIO�: That t}�is ar•ticle be i.nclefinitel,y post��onecl.
9: 3$ p.m. Pri��;cr�i.cd b�� Select.m��n Smit}i. '
Followin; a voic� �ote at 9: 3� ��.m. , the �(oclerator declared
passa;e.
------------------------------------
AR.TICLE 18. Construct Side�.alks
���` � P101'l�N: That this article be iridet'initel}� postpoi�ed.
see below
9: 38 �a,m. Presented b�� Selectman Smith.
FollowinR a voice vote at 9:=�0 p.m. , the ;�loderator declared
pa.ssaKe, �'1
------------------------------------ � I
ARTICLE 19. Seh�er System Impro��ements '
�[OTIO":: That t}�e Seleci;men be and they are hereby
Passed - �,�at}�ot•17E�3 to install or rlbandon se�;er mains and sewera.�e
see below sS�stems in such accepi;eci or i�n�.i:cept:.t>d strz<:ts or� othf�r land
as thc� S�=1ec:i,meri ma� det.c�rmi.n�;, st�bj��c;t. t.o tl�e assessm�rit of
b�tCerment,:s or oi:}�er�;;ise, i.i, accc>r�laric�� with G}l'c1j�G@I• �0�� of I
tt�,� .1cts of 18:=3r ; ar,d acts in a�ldition tl�iereto arid in
amenclmeni: th�reof� OI"' OtIIE?Y•wise and to take b� emirient
dc,mair�, purehzse r.,r otl-�erw ise �cc�u irF: anv fee, �asement or
other lUtE:I�St. 111 land necessar,y� ther•efc�r; to �ippropr.iate '
�w17p,000 fc�r slic�h inS�aJ.l�il:ion ,-�ncl land acqi.iisi tion; anc�
i:.hat lo n�ee't t;his ap��rolari�ltic�n i,he Treasu .rer s�it}� the '
appra��;jl c,i' t.i�F� SE�]F>c;t:met� i� ��urlior•izecl to b��rrow �170,OQ0
under G. L. c�=1 , §�( 1 ) .
9: ��1 p,m. Presented by Seleet.man Smit.h. '
I
9:�13 p.m. r�::irc=n Dool:s, Ca{�ii,al l:zpendit,i.irr:�s Committee, spolce in '�
fa��or.
� �
9: =�3 p.m. �iic;hael U Su].l i�-an, :aE���ropri�.t iorr Committee, s�aoke in ,_-.� �
favor�.
!� I�,
�,
Discussion fclloh�ed.
Foll.owin� a �•oice �-otF� at J: =18 p.m. , the: �1od�rator d��clzred �
unan i moiis ���ss�.i�'e.
( �
9:48 p.m. Karen Dooks, Capital Expenciiti.ires Committee served
Notice of Reconsi.derat.ion.
---- ---- -- �— ------
----------
___--_—.- --
-- -
3�7
(_aI)JUli[��ED_SI:SSIUti, ,a_T_�9.,_�Oti'I'. - �f�'k.Il.a 2, _1�90�_
aRTICLE 20. Public Works Ec�uipment
MOTIO�: That the sum of �350,000 be a}�pi'opri�,ted for the Passed
purchase h�- or with the appro��al of the Selectmen of as amended
equipment for the Department of' Pub,lic Works, and to raise -see below i
. such amount �;��8,Op0 be transf'erred from ti�e Sewer Enterprise
rund, �102,OQ0 be trznsferred from i;he Water Enterprise Fund '
and �200,Q0� be raised in t;he tax lery.
; 9:�9 p•m, PresenCed b5° Selectmzn Dailey. ,
9: 56 p.m. Paul H<imburger, Pr�, made the followin� motion:
�10TI0�+: that the sum of �350,OU0 be changed to Passed
�3QO,OOQ and that t.he sum of $`�OO,pUO be char�ged to -see below '
�15Q,0�0
9:57 p.m. Michael 0'Sullivan, Appropriati.on Commii;tee, s�aakc� in
favor.
9: 5$ p.m. The Selectmen stated tinanimous opuosition.
I'ollowin� a vaice vote at 1O:U2 p.m. , th� Mc�der. ator declared
passa;e of the am�.ndment.
FolJowin6 a voi.c� vote at 10:02 p.m. , the �Ioderat,or declared '
unanimous passa�e of Article 2U as amencied. '
10:0� p.m. Karen Dooks, Capii:al Expetic3it;ures l;ommi.ti;ee, served
Notice of Recorisideration.
ARTICLE 21. Street Improvemeni;s _
1`�" �tOTIO�v': That t}�e Treasurer with the approval of the
� Selectmen be autr�orized to issue Hi�llway R.eimUursement Notes Passed ,
;, ,^ of the Tow�� under G, L. c. ��4, sec. 6, 1s amendecl, in -see below
antici��ation of reiml:n�rsement. b}� l;he C�mmc.�nwealth f'or '
hi:;hiyav recoi�strucl;ion ar�:3 imprt�v�ment,s i.iridf�r• tf�ie auLl�ority
of Cha�;ter 90 oP the Genc�ral Lah�s a.s fundeil, aricl t}�at notes
issi�c�d for a sl�orter period thari two ,years maST be ref.unded
b�� thE' 1SSl1E oi.' ne�, notes maturin; �}�1t�i1Tt f;wo c*ears from the
date of the oz�i;ina] o't�]_i�ation; t,l��t. the S�.lectmen �re
aut}�orize�l to .i<:cepi. }Zi;liS:a�� funds f'rc�m ;z].1. so��ice�, tt,at,
in addit.i��n thE� sum c,f ti��;i0,Q00 h�: rz���:;roprzated for hi�hwa�-
improver,�nnts, ai�ia that. a.mo�.irit l�e raisEd in t}�e ta�; le����.
10:03 i:,.m. Pr�����ented 1�y Selectman Dai.ley.
10:06 p.m. I���r•er� Dool�s, Ca�,ital �xpendit.ures Committee, spoke in
fa�-or.
10:06 E�.m. �lichael Q'Sulli.��ail, ����Iiropriation COIl11A1t.tE?E.'., spoke in
fa��or�.
Discussion followecl.
].0: 19 E�.m. John H:-iS-i���irc1, Pr5, mo�-ed the q��est.ion.
Fol.lowin.� a �-oice ti�rte at 1U: 19 p,m. , tlie Modarat;or cieclared the
�! mai�a ::�ll�StlGt1 to be hefore the �leE:t.in�.
�t._
Fol.loti�in7 a t�oic.e vc>te at; lU: 1J p.m. , the A1��dera.Y,or declared
unanimous pzssa;e.
10:20 p.m. f�2ren Dooks, Ca.pi.tal Ex}�endi.tur�>s Comm,ittee, serve<:i :
\otice �f keconsidera�ion.
�8�
��1DJOURNED SF�SSIUN,,A_T.;�1_,�OtiT. _�����lzi I_2�__1990 ;
_.._----------- _.—_ __----..- — — -�
�
r1RTICLE 22. Street acceptance and Cor�struction
i�OTiON: To establish as Town �Yays �nd accept the la��out of
the f'ol lo�•ina To��n wa��s:
Philbrook Terrace from Gt•assla►id Street z distance of 651 �
Passed feet, more or less, southerly to end;
- see below
Solomon Pierce Ro�d from �1a�le Street a distance of 5,404 '
fc.ei;, more or less, to Woht�r•ri Stre�C;
Josepl-� Comee Road from Solomon Pierce Road a di.stance of 955 '
feet, more or less, to P�utter£ield Road;
I
Lothrop Gircle from Joseph ComeP Road a distance ot 717 i
feet, more or less, wcsterly to end;
Butterfield Road from Sc�lc�mon Pier•ee Rc».cl � dist,ailee of 550
f��et, more ��r le5s, e<�sCe=i�l�� to Josei�h Comee> Roar3;
East Emersoil Road from solith of' �laureen (�,oad a dista�ice of'
3,3�0 feet, more or less, t.o Ric.�;e koact; ,
Jonas StC�IlE' Circle fr��m E�st, Emerson Road a ciista.nce of 5:;2
feet, more ol� less, southr,rly to erid;
Tidd Gircle from Gro��e Street a clistance of 630 feet, more
or less, easterl�� to end;
North Emerson Ro�zd f'rom Diamond koad � distance of la0 feet,
more or less, h°esteriz• to �nd.
all �s laicl out by the Select.men and sh�wn upon plans on file in
the office of t.}ie Town Cl�rk, clated Deceml�ci 21 , 1989, a»d to �
authoi ize t}-�e Selectmen to take b,y- cmiti�nt domain, purchasP or
atliei�cYise acql.iire an5- Cee, easement or• at,hier� interest in land � ,
necessarz- tl�,erefor.
10: 21 p.m. Presellted b�� Se.l?ctmari Dt-�:ile��.
Foll.c�wing a �-oice ��ote at 10: >8 p.m. , the Moderator declared
urianimous passa.�e, %
------------------------------------ ��
1.0: 30 p.m. J��hn Eddison, Chzirmzn of the 13oard of Selectmen,
mo�;�e�d fi.hat, the me.etin; be eid,joi�rned unt,i.l �'ednesdaE�, ,4pri1 �l ,
1990, at 8:OU p.m. , in Cary Hall . '
Followin� a voice vote at 10: 30 p.m. , the �9oder•ator cleclarecl the �,
meeting to be adjourned. '�
� true coi�y.
Attest: �
� y �
Bernice H. Fallick
Town Clerk --�
� I'I
� �
�,
,�
---- ----- --- ----
---- - ------------- -----__------
T
��� `
ADJOURNED SESSION - 1990 ANNUAL TOWN MEETING
APRIL 4, 1990
The meeting was called to order by hloderator Mar�ery M. Battin,
at 8:00 p.m. , in Cary Memorial Ha11.
There were 198 Town Meeting Members present.
� 8:00 p.m. The invocation was offered by Rev. Brian Dixon, First '
Baptist Church. '
ARTICLE 2. REPORTS
; 8:06 .m. William Ke
P nned Permanent B '
Y� uildin Committee
g ,
presented the report on School Improvements.
8: 11 p.m. Selectman Jacquelyn Smith reported on the Mandatory
Recycling Program.
ARTICLE 23. Well Water Suppl,y Explorat�ion
MOTION: That the sum of $2$,000 be appropriatec� to
evaluate the potential of' using ground�,Tater for a supply Passed
source for watering lawns at the locations set forth in the -see below
article, and to raise such amount $28,000 be transferred
from the Water Enterprise Fund.
8:14 p.m. Presented by Selectman Smith.
8:16 p.m. Nicholas Cannalonga, Capital Expenditures Committee, '
spoke in favor.
8:16 p.m. htichael 0'Sullivan, Appropriation Committee, spoke in
favor.
There was further cliscussion.
Following a voice vote at 8: 19 p.m. , the Moderator declared '
_-- passage.
8:20 p.m. Michael 0'Sullivan, Appropriation Committee, served
Notice of Reconsideration.
ARTICLE 24. North Lexington Pump Station Replacement
MOTION: That the sum of $214,000 be appropriated for the 1'assed
cost of enaineering and architectural services for plans and -p• 390
specifications for a replzcement sewer pump station; and
that to meet this appropriation the Treasurer with the
approval of the Selectmen is authorized to borrow $214,000
under G.L, c44, �7(22) . . .
8:20 p.m. Presented by Selectman Smith: .
8:24 p.m. A representative from Weston and Sampson Engineers
presented a r�port on the pump statiorl replacement.
There were questions and comments from the Members. '
8:38 p.m. Nicholas Cannalon�a, Ct�pital Expenditures Committee,
spoke in favor.
�-- 8:38 p.m. Michael 0'Su.11ivan, Appropriation Gommittee, spoke in
favor.
�°��
fADJOURNED SESSION, A.T.M. , CONT. - APRIL 4 1990) '
I
Discussion continued with questions as to location, water ra�es, :
ser�ice to Bedford.
Following a voice vote at 8:52 p.tn. , the Moderator declared ,
unanimous passage. '
I
8:54 p.m. Karen Dooks, Capital Expenditures Committee, served �
Notice of Reconsideratione '
------------------------------------ r
. . ,I
ARTICLE 25. Parking Lot Operation and Maintenance
�
MOTION: That the sum of $80,000 be appropriated for parking
Passed , lot operation and maintenance in the Town, and that such I
-see below amount be transferred from Parking Funds. '
8:54 p.m. Presented by Selectman Leo D1cSweeney.
8:56 p.m. Michael 0'Sullivan, Appropriation Committee, spoke in ,
favor.
8:57 p.m. TO�dI1 b�Ianaber, Richard White, presented an analysis.
Following a voice vote at 9:01 p.m. , the Moderator declared
passage of the motion.
9:02 p.ma Michael 0'Sulli<<an, Appropriation Committee, served
Notice of Reconsideration.
------------------------------------
ARTICLE 26. Underground Tank Tes�ing
MOTION: That the sum of $?7,000 be appropriated to test
Passed Town owned underground fuel .storage tanks, and that such
-see below amount be raised in the tax levy. ,
9:02 p.m. Presented by Selectman Leo McSweeney.
9:04 p.m. Michael 0'Sullivan, Appropriation Committee, spoke in
favor, '
9:04 p.m. Gloria Holland, Capital E�penditures Committee, spoke ��
in favor, �
�
9:05 �.m. Fire Chief John Bergeron explained the need for and
expertise required to test the 33 tanks to protect against '
contaminatione '
Following a voice vote at 9:07 p.m. , the Moderator declared
unanimous passageo
9:07 p.m. Michael 0'Sullivan, Appropriation Committee, served
Notice of Reconsideration. �
----------------------------------- �li
IgP ARTICLE 27. Lincoln Street Development
-see below �
MOTION: That this article be indzfinitely postponed. j
�
9:08 p.m. Presented b,y Carolyn Wilson, Recreation Committee.
I
Following a voice vote at 9:08 p.m. , ttle Moderator declared
I
unanimous �assage. I
___— —------------ ---�—
--- --— - ----_ __�.__-- -----
���
ADJOURNED SESSIDN, A.T.M. , CONT. - APRIL 4, 199U)
ARTICLE 28. Harrington Fields Rehabilitation
MOTION: That this article be indefinitely postponed. IPP
-see below
9:08 p.m. Presented by Sam Nablo, Recreation Committee.
. ;
Following a voice vote at 9:08 p.m. , the Moderator declared
unanimous passage. ',
-�----------------------------------- � '
�''
ARTICLE 29. Old Res Weed Control Management Plan
h10TI0N: That the ,sum of $29,495 be appropriated to hire a Passed ,
ccnsultant to a.nalyze and make recommendations regarding the -see below
weed prQblem at the Old Kes ancl to implement weed control
measures as determined by the Recreation Comm9.ttee with the
approval of the Selectmen, and that such amount be raised in
the tax levy, provided however, that the appropriation is
continoent upon the approval of Question No. 1 appearino on
the ballot for the June, 1980, special election.
9: 12 p.m. Presented by Judith biarshall, kecreation Committee.
9:13 p.m. Donald Chisholm, Recreation.: Cammittee, presented "
information on the proposed analysis. �
9:19 p.m. Selectman Leo McSweeney sta.ted that a majority of the
Board of Selectman supported the motion.
9:19 p.m. Gloria Holland, Capital Expenditures Committee, spoke
in favor.
' 9:20 p.m. Michael 0'Sullivan, Appropriation Committee, spoke in I�
fa�ror. '
9:20 p.m. In response to an attempt Uy Richard Michelson, Pr8, to
amend the wording of the proposed Question No. 1 as it ma,y appear
ou the June, 1990, Special Election, Town Counsel Norman Cohen
informed the Aieeting that it is the Selectmen's privilege bjr law
to word the que�tions. He stated that althouoh the bioderator
might permit the introduction of a r.esolution in that connection
the Selectmen would not be bound by it.
Discussion continued regarding chemical treatment, long term
effects, priority, maintenance. '
9:29 p.m. Joel Adler, Pr1, suggested that a previous study be
reexamined.
Foll:owing a voice vote at 9:31 p.m. , ttie �Ioderator declared
unanimous passage.
9:31 p.m. biichael 0'Sullivan, Appropriation Committee, served �
Notice of Reconsideration. i
� -- --
� I
�_�
n� �
''"' � (ADJOURNED SESSION, A.T.M. , CONT - APRIL 4, 1990� ;
�
ARTICLE 30. Hazardous Waste Collection
Passed
-see below MOTION: That the sum of $40,000 be appropriated for a
contract with a licensed hazardous wastes transport, storage
and .disposal company or hy other methods to collect and I
dispose of residential hazardous wastes; that such amount be 'I
raised in the ta� lev,y; and that the Selectmen be authorized - �
to select the contractor and to set user fees and take all
other steps necessary to carry out this projecta �
9:31 p.m. Presented by Selectman Smith. � 1�`:
....� _.
i
9:35 p.m. Dlichael 0'Sullivan, Appropriation Committee, spoke in
favor.
Following a voice vote at 9:37 p,m. , the Moderator declared
unanimous passageo
9: 37 p.m. hiichael 0'Sullivan, Appropriation Committee, served
Notice of Reconsideration. '
------------------------------------
ARTICLE 31. Miscellaneous School Article
See p. 399
for motion MOTION: That the sum of $1 ,300,000 be appropriated for
as passed remodeling, reconstructino and mal:ing extraordinary repairs
' to school buildings including the removal of asbestos and
for the purchase of additional school department equipment
and computer hardware and software; that to meet the
appropriation the Treasurer with the approval of the
Selectmen is authorized to borrow $1,300,000 under Chapter
645 of the Acts of 1948 a.s amended or under G,L.c�4,§7 as
amended; ancl that the Permanent Building Ccmmittee is ',
authorized to take all action necessary to carry out this ,
project> �
9:38 p.m. Polly Woodworth, School Committee, moved to postpone
Article 31 until April 11, after Article 90.
9:38 p.m. L'ol.lowing a voice vote at 9:38 }�.m. , th� Moderator
declared postponemei�t.
------------------------------------ ;
�
ARTICLE 32. Computer Catalogue S,ystem '',
see p. 400 MOTION: That the sum of �150,ODU be appropria�ed '
for the online computerization at GarV Memorial
Library, and to raise. such amount $100,000 be
transferred from the Stabilization Fund and $50,000 be
raised in the tax levy; and, in addition, that the �
Library Trustees or the Town rtanager be authorized to �
apply for, accept, expend and borrow in anticipation
of federal and state aid for the �ro,ject, provided ii
that the amount to be transferred from the i
Stabilization Fund shall be reduced b,y the amount of
any such aid received. ,
9:38 '!
p.m. Selectman Daily moved that Article 32 be postponed �_� i
until after Article 31. , �
� I
Following a <<oice vote at 9:3f3 p.m. , the hloderator declared �
postponement. ,
------------------------------------ �
_ - j
;
' , •T I
. . ',:''���.;
_.._-_..-____-_" ..._- . T. - _____'_-- . . --__'.__. -_"_ _"___'_______--_ _.
I
�J�
(ADJOURNED SESSION, A.T.M. . CONT - APRIL 9, 1990) �
ARTICLE 33. Five Forks Traffic Study
MOTION: That the sum of $30,000 be appropriated to failed
undertake a traffic study at the Five Forks intersection of see below
Lincoln Street, Marrett Road, and School Street for the'
• nurpose of recommendin� safety improvements, and to raise
� such amount $30,000 be transferred from the Unreserved Fund '
Balance.
' . 9:41 p.m. Presented by Margaret Coppe, Pr9.
9:41 p.m. The Moderator recognized Rosamond Rabinowitz, 11
Barrymeade Drive, for a present,ation.
9:46 p.m.. Peter Kelley� Pr4, spoke of a study previously done for
this area:
9:47 p.m. Selectman John Eddison urge Members to vote against the
motion, stating that work will be implemented toward traffic
improvements in this area.
9:52 p.m. Michael 0'Sullivan, Appropriation Committee, spoke ,
against. ,
9:55 p.m. Gloria Holland, Capital Expenditures Committee, spoke
against. ,
. 9:57 p:m. Eric Clarke, Traffic Safety Committee, s�ated that it
should be put on the override buaget.
There were further comments for and against.
Following a voice vote at 9:59 p.m. , the A4oderator declared that - '
the motion had not passed.
10:00 p.m. Margaret Coppe, Pr9, served Notice of Reconsideration. '�
ARTICLE 34. Lot 82, Skyview Road
MOTION: That the Selectmen be and theY hereby are Passed
authorized to acc�uire Uy eminent tlomain ox otherwise, the -see below
land on Sk�rview Road shown as Lot 82 on Assessors' Propert,y
riap 90, now or formerly of the Town of Lexington, for
housing purposese
10:00 p.m. Presented by Selectman Eddison who provided the
. histor,y.
Following a voice vote at 10:02 p.m.., the Moderator declared
unanimous passage.
ARTICLE 35. General By-Laws Amendment, Wetlands Protection
Passed '
MOTION: That Section 7.3 of Article XXXII of the General -see below
B,y-Laws of the Town of Lexington be amendec� as set forth in
r�
the Article.
�
10:02 p.m. Presented b;i Joyce hiiller, Conservation Commission.
� ,_' �
Following a �oice vote at 10:03 p.m. , the Moderator declared �
unanimous pzssage,
To see rf the Town wili vote to amend Article XXXII of the General By.Laws of the Town
of�exington by deleting Section 7,3 and substituting therefor the following:
`Section 7,3 The terms marsh, freshwater wetland, swamp, wet meadow
and bog as used in this By•Law shall be defined as set forth in
MassaChusetts General Laws Chapter t31, Section 40. The boundary of
Yhese wetlands is either the line within whiCh tif�
the vegetation communi Y (50) percent or more of
Massachusetts General Lry.awsnChaptef r 131a Sec�tiont 40 or the I�ne I�within
which the soil consists of soil types designated as poorly drained, very
poorly drained, alluvial, or floodplain as defined from time to time by the
National Cooperative Soils Survey, oi ihe Soil Conservation Se►tiic�o!the �
United States Department of Agriculture, whichever line includes a�?r��� ��
area."; or act in any other manner in relation ±hereto. �
��� (ADJOURNED SESSION, A.T.M. . CONT. - APRIL 4, 1990)
I
ARTICLE 36. Zoning By-Law, Technical Corrections
MOTION: That the Zoning By-Laws of the Town be amended
Passed as set forth in the motion attached to the report of the
-see below planning Board on this article. '
10:04 p.m. Presented by Eleanor Klaumi.nzer, Planning Board. ��
Mrs. Kl�,umi.nzer moved that the Re ort I�
p of the Planning Board be
accepted and placed on file. Following a voice vote at 10:03
p.m. , the Moderator declared the Report to have been accepted and
placed on file.
(see below)
ARTICLE 36 ZOIVING BY-I.AW, TECHNICAI. CORRECTIONS '
1VIOTIONa
That the Zoning By-Law be amended in various sections, as follows.
Amendment 1 - A1 In subparagraph 3.2.1 APPEALS, in the third sentence of the second
paragraph, by striking out "75 days" and by inserting in place thereof: "100 days'; so that
the sentence, as amended will read, � '
'"The Board of Appeals shall hold a hearing on an appeal within b5 days of the filing,
shall properly serve notice of such hearing, and shall render its decision within 100 �
days of the filing.° ''
Amendment 2 - A2 In subsection 3.2.3 PROCEDIJRES FOR APPEAI.S AND
VARIANCES, by adding a new paragraph at the end:
°'The applicant shall be responsible for filing in the Itegistry of Deeds, or where �
applicable, the Land Court of the Commonwealth, a copy of the Board of Appeals' '
decision granting a variance. Prior to the issuance of a building permit, the applicant
shall present evidence of such recording to`the Building Commissioner."
Amendment 3 - A3 In subsection 4.1.8, which deals with a change in use, by adding a new �!
subparagraph 5, as follows: '
"5) in the case where a special permit or variance is in effect, the change would
result in exceeding any conditions included in the special permit or variance, even
if the preceding use and the new use are in the same line in TABLE 1."
Amendment 4 - A4 In subsection 5.2.7.2, in the second paragraph by striking out "5.7.2.1" I
and inserting in place thereof "5.2.7.1".
Amendment 5 - AS In subsection 5.7.1, in the last paragraph, in the two places in which �
it appears, by striking out "Article XXXIII" and inserting in place thereof"Article XXXII". �
�-1, ,
Amendment 6 - A6 In subsection 6.2.5, in the last sentence, by striking out the words "or � II
other permit" and by inserting in place thereof the words: "permit, special permit, �
certificate of occupancy or approval of a subdivision plan under the Subdivision Control ',
L.aw" so that the sentence, as amended, wil] read: "If land is subdivided, conveyed or
otherwise transferred in violation hereof, no building permit, special permit, certificate of .
occupancy or approval of a subdivision plan under the Subdivision Cantrol Law shall be
issued ..." (remainder unchanged). ,
Amendment 7 - A7 In subparagraph 7.2.3, in the first sentence, by inserting after the words ',
"developable site area" the words: "(see subsection 7.9)". ',
ti,
�.. .. , �`� '
. 395 �-
.�,:
�
�.
�;
Article 36, Motion for Town Clerk �� '
,�..
,,...
z.
�::
: ;=:;�
�mendment 8 - A8 In the title of subsection 7.4.2, by inserting the words: '
"SUBDIVISIONS, SPECIAL RESIDENTIAL" after the word"CLUSTER",so that the title,
as amended, will read "CLUSTER SUBDIVISIONS, SPECIAL RESIDENTIAL
DEVELOPMENTS".
! ' Amendment 9 -A9 In subparagraph 7.4.3, FRONTAGE REDUCTION ON CURVES, b
1,4 y
-- striking out the existing paragraph and by inserting in place thereof the following:
"Where more than one half of the lot frontage is on a circular turnaround, or on a '
curve of less than 100 foot radius, frontage may be reduced to not less than 60 per
cent of the distance required in Table 2, Schedule of Dimensional Controls, provided
that the distance between the side lot lines, measured along the arc parallel to the
street line at the same distance from the street line as the front yard setback
required by Table 2, shall be not less than the minimum lot frontage required by
Table 2. All dimensions referred to in the previous sentence shall be shown on a
plan approved or endorsed by the Planning Board°
Amendment 10 - A10 In section 9.2 SCHEDULE OF PERMITTED BUILDINGS, '
DENSITY AND DIMENSIONAL STANDARDS, in the column headings by adding the '
symbol "**" after RO and RS,RT, and the symbol "***" after RD; '
in the NOTE explaining the SCHEDULE by inserting after the word NOTE the symbols
and number: "**1."; by changing the numbers "1), 2), and 3)" to "a., b., and c." respectively; '
and by adding at the end: "***2. Standards for a development proposal in an RD Pla�ed
Residential Development zoning district" -
so that the NOTE, as amended will read:
"NO'I'E:
**1. In an RO,RS or RT district, a planned residential development may be: '
��, a. a conventional (conv) subdivision,
�- b. a cluster (clus) subdivision, with the tract divided into separate lots for dwellings ,
and common open space, or
c. a special (spec) residential development in which the tract may be in one
ownership or may be divided into separate lots for dwellings and common open
space.
"**2. Standards for a development proposal in an RD Planned Residential Development
zoning district."
Amendment 11 - A11 In subparagraph 9.3.7 a,which deals with Usable Open Space, a new
subparagraph at the end, as follows
"e. The access to usable open space shall conform to the same standards set forth
in a., b., and d. above, but may have dimensions smaller than those set forth in
c. above. If the dimensions of the access are smaller than those required in c.
above, the access shall not be counted toward the minimum usable open space
required in 9.2.7,"
-�.:
. n+l'V . . � � �� . � . �'.. . . .... ._ , .-;.. �
e �
Article 36, Nlotion for 'Town Clerk
::�
:�
,,.�;
:�
Amendment 12 - Al2 In subparagraph 11.6.1, PARKING FOR ONE-FAMILY, TWO- ,
FAMILY DWELLING, in the fourth line, by deleting the remainder of the sentence after '
the words "parking space" and by inserting in place thereof the words "or driveway shall be �
set back five feet from any side lot line or rear lot line and shall be designated on a plan.
If located in the front yard, a parking space shall be in the designated parking space, or
driveway, and shall not be located on a lawn or other natural area." �
�
Amendment 13 - A13 In subparagraphs 1,2.6.fs, 3.2.1, 5.2.2, #5, 6.2.2.b., 6.2.7, 6.7.2, 6.7.3.,
6.8.1, 6.9.1, 7.5.1, and 12.3.4 by striking out the words "Building Commissioner" and by
inserting in place thereof the words: "Zoning Officer". �,
1Vlotion made by: ' "(r�. ,,�� '
➢�ate: T� �� ��
�;
(ADJOURNED SESSION, A.T.M. , CONT. - APRIL 4, 1990)
� '
,` II
10:36 p.m. James Barry, Prl, moved the question.
Followinb a voice vote at 10:37 p.m. , the Moderator declared the
main motion to be before the Meeting. ,
Following a voice vote at 10:3$ p.m. , the i�oderator declared I'
unanimous passage. �
10:38 p.m. Georbe Cooper, Pr1, seryed Notice of Reconsideration. ,
10:38 p.m. John Eddison, Chairman of the Board of Selectmen,
mo�ed that the meeting be adjourned until Wednesday, Aprii 11,
1990, at 8:00 p.m. , in Cary Hall.
Followinb a voice vote at 10:38 p.m. , the Moderator declared the
meeting to be adjourned. ��
,;. :
A true copy. II
Attest: '
�
`', �
Bernice H. Fallick ' -- i
Town Clerk �T`� �
�
,I
_ i
"�" �
:��
��� '
ADJ�URNED SESSION_- 1990 ANNUAL TOWN MEETING
_.. __ . __,.
A PR I.�_.1._1_.�....1.9 9_0
The meeting was called to order by Moderator Margery M.
Battin , at 8 : 02 p.m. , in Cary Memorial Hall . ` '
A quorum was present.
� 8: 02 p . m. The .invocation was offered by Rev . Arthur
' Kolsti , Pilgrim Congregational Church .
8: 06 p.m. Nancy Gordon , Pr1 , read the Student
Government Day Proclamation and introduced the
participati.ng students .
------------------------------------
ARTTCLE 2 . REPORTS
Selectman Marshall presented information regarding Pine
Meadows and stated that the article would be brought up
on April 30 .
ARTICLE 40 . General By-Law Revisions - TMMA '
8: 15 p .m. Iris Wheaton , TMMA, moved that Article 40 be
brought up at this time . '
Following a voice vote at 8 : 15 p . m. , the Moderator
declared that Article 40 would be presented .
MOTION : That Article V of the Ganeral By-Laws of Passed
the Town of Lex i ngton be amended as set forth �n -see P.39a
�I the article . II
V The Article as set forth in the warrant:
To see if the Town will vote to amend Article V of the
General By-laws as follows :
( 1 ) In Section 17 , by deletinq the words " ( b) to
ad.journ sine die" and bv replacinq them witP� the words
" ( b } to dissolve the meeting" ;
( 2 ) By deleting Section 19 and substituting therefar
the following :
"Section 19 . During debate on subsidiary
motions listed in Section 18 , no person shall
speak more than three minutes or more than
once , and debate shall be limited to ten
minutes , except that the debate on the
subsidiary motion to amend shall be thirty
minutes unless changed by vote of the
meeting . " ,
( 3 ) By deleting Section 20 and su�sti�uting therefar
the following : I
"Section 2D . When debat2 is cic�sed by
� orderin. the previous
� 9 question or by vcte to
! close debate at a specified Lime . the maker
�- of the main motion or the amendment under
consideration shall be allowed to speak fior
three minutes and may qran�. to any other
member a part or all of hi � time , oi� give his
time to the meeting . " ;
39�
(ADJOURNED SESSION, A.T.M. , CONT. - APRIL lI 1990 I
� )
i
�
( 4 ) By deleting Section 25 and substituting therefor
the following :
"Section 25 . The previous question shall be
put in the form: "Shall the question on the '!
amendment now be put?" for an amendment or, �
alternatively , "Shall the main question now
be put?" for a main motior� and all debate �
shall be suspended until the previous
question is decided . " ; �
;
( 5 ) By deleting Section 26 and substituting therefor �'�
the following :
"Section 26 . The adoption of the prevous ,
question shall put an end to all debate on �',
the motion under consideration except as
provided in Section 20 of this Artic1e. " or
act in any other manner in relation thereto.
8: 15 p . m. Presented by Iris Wheation , TMMA> I
8 : 24 p.m. John Eddison , Board of Selectmen , commended
the TMMA and endorsed the change of Section 19 .
8 : 36 p . m. Upon the request of Lloyd Gilson . Pr7 ,
sufficient members stood to support division of the '
amendmente �
Following a voice vote at 8 : 58 p . m. , the Moderator
declared passage of Section 1 .
Discussion continued on Section 2 .
8 : 40 p .m. Frank Sandy , Pr6 , moved the question . ,� �,
Following a voice vote at 8 : 40 p .m. , the Moderatcr �—.� �
declared Section 2 to be before the Meeting .
Fo�llowing a voice vate at � : 41 p .m. , the Moderatar
c�eclared passage of Section 2 . Alan Lazarus, Pr6 ,
stood ta doubt the vote but not enough additional ',
members rose in support.
i
Following a voice vote at 8 : 43 p . m. , the Moderator
declared unanimous passage of Section 3 . ,
Following a voice vote at 8 : 43 p .m. , the Moderator I
declared unanimous passage of Sect,ion 4 . '
Following a voice vote at 8 : 43 p .m. . the Moderator
declared unanimous passage of Section 5 .
------------------------------------
�
� i
� i
I
�
_ __
- -------
---------- __-------
___ ------------- -�
3�9
(ADJOURNED SESSION_,._.A . T .M. , ..CONT.._ _- _A.PR I_L__.1,_1 ,_.._1..9.90_)
ARTICLE 31 . Miscellaneous School Article '
MOTION : - That Article 31 be taken up now.
�! 8:44 p.m. Presented by Polly Woodworth, School 'I
' Committee ,
Following a voice vote at 8 : 44 p . m. , the Moderator
declared Article 31 to be before the Meeting .
MOTION : That the sum of $1 , 227 , 595 be
appropriated for remodel in Passed
g , reconstructi ng and -see p. 400
making extraordinary repairs to school buildings
including the removal of asbsstos ; that to meet
the appropriation the Treasurer with the approval
of the Selectmen is authorized to borrow
$1 , 227 , 595 under Chapter 645 of the Acts of 1948
as amendad or under G. L . c44 , §7 as amended; and
that the School Committee is authorized to take '
all action necessary to ea:rry out this project ,
and , in addition , that $42 , 000 be apprapriated for
issue expenses and first, year debt service and '
that such amount be raised .in the tax 1evy .
8 : 45 p . m. Presented by Polly Woodworth , School
Committee.
There was extensive discussion with quastions as to
maintenance issues and answers by Dr . Geiger and the
School Committee .
�
�� 9 : 30 p . m. Paul Hamburger , Capital Expenditures !
Committee , presented the followinq motion: '
MOTION: that the following motion be �
substituted for the main motian : failed �
-see below
that the sum of $850 , 000 be apprapriated for
remodeling , reconstructing , and making
extraordinary repairs to school buildings :
that to meet the appropriation the treasurer
with the approval of the Selectmen is '
author� zed to borraw $850 , 000 under Chapter
6a5 of the Acts of 1948 as amended ar under
G. L . c44 . , s. ? as amended ; that tha School
Committee is authorized to take all action
necessary to carry out this project ; and in
addition , that �30 , �00 be apprppriated for
issue expenses and first year debt service
and tnat such amount be raised in the tax
levy .
9 : 39 p. m. Selectman Marshall stated that the Board of '
Selectmen supported this amendment and the
reinstatement of the Permanent 8uilding Committee to
its role .
9 : 41 p , m. Michael Q' Sullivan , AppropriaGion Committee, '
stated tha�. a rna,jority of the Cummittee supported the
amendment. '
Following a voice vote at 9 : 47 p . m. , the Moderator
dec1ared the amendment as offered by Mr . Hamburger not
to have passed .
P " �� 'J
( ADJOURNED SESSION ,. A.T.._M . ,__CONT ... - APR I L. 1 1._, _ 1.y,90_.�
;
9 : 48 p .m. Paul Hamburger , Capital Expenditures � �
Committee , presented the following amendment: �,
failed MOTION : that the words "School Cammittee"be
-see below replaced by the words "Permanent Bui lding '
Committee" �
i
There was further discussion with the Schoal Committee
speaking against, the Selectmen in favor . j
Following a voice vote at 9 : 45 p .m. , the Moderator
declared the amendment as offered by Mr . Hamburger not
to have passed .
Following a voice vote at 9 : 55 p . m. , the Moderator '
declared unanimous passage of the main motiona
9 : 56 p.m. Karen Dooks , Capital Expenditures Committee
served Notice of Reconsideration .
------------------------------------
ARTICLE 32 . Computer Catalogue System
MOTION : That the sum of $150 ,000 be
Passed apqropriated for the online computerization
-see below at Cary Memorial Library , and to raise such
amount $150 , 000 be transferred from the
Stabilization Fund : and , in addition , that
the Library Trustees or the Town Manager be , �
authorized to apply for , ac;cept , expend and �
borr�ow in anticipation of federal and state
aid for the pro,ject, provided that the amount
to be transferred from the Stabilization Fund
shall be reduced by the amount of any such
aid received .
;
9 : 59 p . m. Presented by Selectman Dailey .
,I
1U : 00 p . m. Timothy Hart , Library Committee , explained
the information in the motion . ,
10 : 06 p. m. Michael 0' Sullivan , Appropriation I
Commit�ee , spoke in favor .
10 : 06 p .m. Gloria Holland , Capital Expenditures
Committee , spoke in favor ,
Discussion continued . ,
Following a voice vote at 10 : 13 p . m. , the Moderator '�
declared unanimous passage . .
I
10 : 14 p.m. Karen Dooks , Capital Expenditures �� I��
Cammittee , served_Notice_of'Reconsideration________ �� I,II
ii
ARTICLE 37 . Zoning By-Law, Bed and Breakfast �
j
see p.412 10 : 14 p .m. Martha Wood , �lanr�ing Board , moved �,
postponement of this article to Monday , Apri1 30 .
Following a voice vote at 10 : 14 p .m. , the Moderator
declared postponemen�..
------------------------------------
' ,
----- ----�--- - —------ - -----------
r�.�j�
,(,ADJOURNED SESS IO.N,__..A. T; M_,_,, CO�iT , .__- APR:I L__.1 1._,__,1 9.90 )
ARTICLE 38. Zoning By-Law, Parking Ad,justmerits �
MOTION : That the Zoning By-Laws of the Town be passed �
amended as set forth i n the mot,i an attached to the -see below
' reqort of the Planning Board on this article.
10 : 16 p .m. Martha Wood , Planning Board , moved that the
Report of the Planning Board be accepted and placed on '
file.
Following a voice vote at 10 : 16 p . m. , the Moderator
declared that the Report had been accepted and placed
on fi le .
10: 16 p. m. Mrs. Wood read the following;
That the Zoning By-Law be amended in Section 11 , OFF-
STREkT PARKING AND LQADTNG, in subparaqraqh 11 . 3 , 2 f. �
by striking out the existing sentence and by inserting
in p1ace thereof :
"f . Where places of assembly are provided with
benches rather than individual seats, each
two lineal feet of bench shall equal one
seat, and where no fixed seats or benches are
used , each 20 square feet ofi floar area in
the largest assembly area shall equal one
seat. " ;
Discussion followed .
,' Following a voice vote at 10 : 21 p . m. , the Moderator '
declared unanimous passage .
ARTICLE 39 . Zoning By-Law, Private Flags
MOTI�N : That the Zoning By-Laws of the Town 6e
amended as set forth in the motion attached to the
report of the Planning Board on this article .
10 : 21 p . m. Martha Wood , Planning Board , moved that the
Report of the Planning Board be accepted and p1aced on '
fi le . '
Following a voice vote at 10 : 21 p ,m. , the Moderator
declared the Report to have been accepted and placed on
fi le .
10 : 21 p .m. Mrs . Wood read the following motion :
MOTION:
That the Zoning By-Law be amended in Sectiort 13 , SIGNS , � I!
by adding new sentences in subsection 13 . 2 . 9 PROHIBITED Passed
� SIGNS , subparagraph b. , that deals wii�h prohibited Wind -see p. 402
` � actuated signs , as follows :
- 'However a single flag or banner, such as one
containing advertising matter , for each �
establishment or business on the lot, may be
allowed in a commercial zoning district provided
the Board of Appeals grants a special permit for '
it under the provisions of subparagraph 13 . 1 . 4 .
As provided in subparagraph 13 . 2 . 1 , a government
flag is not subject to this provision .
, There was considerable discussion for and against.
�+���
i
(ADJ.OURNED__ SESSION,._A. T__M_. .,_ CONT _._-__,APRIL,.__1._1_, ,1990_�
i
10 : 28 p.m. Selectman Eddison stated the approYal ofi
the Design Advisory Committee and the Board of i
Selectmen .
10 : 39 p .m. James McLaughlin , Pr 8 , moved the question . �
Following a voice vote at 10 : 39 p . m. , the Moderator I
declared the main motion to be before the Meeting .
Following a voice vote at 10 : 40 p.m. which was not '
. unanimous, the Moderator declared the ner.essity for a
standing vote .
The Moderator called for a standinq vote which was '
tal1ied as follows : '
Preci__nct Yes No Abstain
1 5 7
2 12 5
3 11 6
4 12 1
5 7 8
6 8 5
7 10 4
8 12 4
9 10 6
At large 16 5
�
Totals 103 51 '
10 : 43 p . m. The Moderator declared passage.
10 : �4 p .m. William Barry , Pr 1 , served Notice of '
Reconsideration .
---------�---------------------- �
10 : 44 p .m. John Eddison , Chairman of the Board of I
Selectmen , moved that the meeting be ad,journed until '
Monday , April 23 , 1990 , at 8 : 00 p . m. , in Cary Hall . �
Following a voice vote at 10 : 44 p. m. , the Moderator
declared the meeting to be adjourned .
A true copy .
Attest:
� '
/
Bernice H , Fallick �i
Town Clerk '�
�� �j
,� ;
�
I
i
;
-f— --._..--- ---------
--- --.�__----
---
403
ADJOURNED _S.E.SSION.__-__ 1.990 ANNUAL T,OWN MEETI.NG
APRIL 23�_ 19.90
The meeting was called to order by Moderator Margery M.
Battin , at 8: 02 p . m. , in Cary Memoriai Hall .
A quorum was present.
�� 8: 02 p . m. The invocation was offered by Rev. Bill
�. Gardner , Reorganized Church of Latter Day Saints.
ARTICLE 2 . REPORTS
8 : 10 p. m. John Eddison moved that the Repart of the
Affordable Housing Optians Committae be accepted and
placed on file. Following a voice vote at 8 : 10 p .m. ,
the Moderator declared the Report to have been accepted
and placed on file . Mr . Eddison stated that the Report
was a concensus document.
8: 17 p .m. h1ichael Q' Sullivan , Appropriation Committee,
stated the Committee ' s view of money artic7es. ;
ARTICLE 41 . Acceptance of Chapter 147 , s. 10f of the
M.G. �. Passed - '
see below
MOTION : That the Tawn accept Section 10f of
Chapter 147 of the Gener�al Laws .
8: 21 p .m. Presented by Selectman John Eddison .
8 : 23 p .m. Town Manager Richard White outlined the
, intent and Chief of Police Paul Furdon spoke in favar . �,
�_ ,
8 : 28 p . m. The Moderator read Section 10f of Chapter '
147 .
Following a voice vote at 8 : 30 p . m. , the Moderator
declared unanimous passsage .
ARTICLE 42 . Acceptance of Chapter 32 , s . 22D of
M. G. L , - Ret i rement Boa rd Passed
-see below
MOTION : That the Town accept Section 22D of
Chapter 32 af the General Laws.
8 : 31 p , m. Presented by Selectman Paul Marshall .
(William Spencer , Pr6 , stated his intent to abstain . )
Mr . Marshall stated that a deadline existed for
acceqt�nce and unless accepted now the option would '
cease. .
There was discussion for and against.
Following a voice vote at 8 : 47 p.m. , the Moderator
--� declared passage , ',
ARTICLE 43 . Acceptance of Chapter 41 , s. 41B - Direct
Depos i t of Pay ro 1 1 Passed
-see below
MOTION : That the Town accept Section 41B of
Chapter 41 of the General Laws,
8 : 48 p .m. Presented by Selectman Paul Marshall .
Following a voice vote at 8 : 53 p , m. , the Moderator
declared passage.
�i��
�,
(A.DJOU.RNED.,_SESSION_,._A._T_.,M .,.,,___CONT,___- _APRI L_ 23 ,_ 1990_�
,4RTICLE 44 . Acceptance o1F Chapter 6Q , s. 23B of I
M .G. L , - Municipal �ien Certificate Fees
Passed - •
see below MOT ION : That the town accept Sect i on 23B of I�
Chapter 60 of the General t�aws . � �
8: 53 p .m. Fresented by Selectman Leo McSweeney . I
Following a voice vote at 8 : 59 p .m. , the M�derator �
declared passage .
------------------------------------
ARTICLE 45 . Acceptance of Chapter 40 , s . 68 of M.G. L . ,
- Ambulance Fee Lien '
MOTION : That a11 ambulance fees shall hereafter
-��cik�:;:� gost.- �e subject �to a "munici pal charges 1 ien" as
see below prov i ded i n Secti on 58 of Chapter 40 of the
General Laws .
8 : 56 p .m. Selectman McSweeney maved Indefinite
Postponement.
Following a voice vote at 8 : 56 p . m. , the Moderator
declared Article 45 to have been indefinitely
postponed .
------------------------------------
ARTICLE 46 . Provision for Quarterly Tax 8ills i�� I
.--� '�
Passed - MOTION : That the Town accel?t 5ection 41 of
see below Chapter 653 of the Acts of 1989 , effective at the
beginning of fiscal 1992 .
8 : 57 p . m. Presented by Selectman McSweeney . ',
There was discussion for and against . '
Following a voice vote at 9 : 14 p .�m. , the Moderator
dec1ared passage, j
ARTICLE 47 . Provision to Capture New Growth
Passed - MUTION : That the Town acce�t Section 40 of
see below Chapter 653 of the Acts of 1989 .
9 : 14 p .m. Presented by Selectman Marshall . i
Following a voice vote at 9 : 15 p .m. , the Moderator 'i
declared passage . ,.�
,
------------------------------------ ,�
I
�,I
----_- ---._------ --------
--- -- -- -_ ---- _
—. _-
__
- ------
�t ��
�. ..
;.
� .(..ADJOURNED_ SESS.ION�_A_.T.,M. ,__CO.NT ._._._- ..APR.I L 23..,_T1_990) :, :
ARTICLE 48 . Acceptance of Chapter 40 , s .57 of M.G. L: f
- License Permit .Denial for Nonpayment. . �
� � ' of Taxes � � � � � ��
� MOTION; That the Town accept Section 57 of Passed``;-�`;
Chapter 40 of the General Laws . -see below:;: ,
9 : 16 p .m. Presented by Selectman Marshall who` asked ,.�: '
that Articles 48 and 49 be presented together for � �
� discussion but voted separately .
Following a voice vote at 9 : 23 p :m. , the Maclerator
declared unanimous p.assage .
ARTICLE 49 . General By-Law - Licenses and� Permits of `a
Delinquent Taxpayers � '
. . � � , .:,.Yh:: '�,
MOTION : That Article XXVII of the General By- . '
Laws of the town of �exi ngton be amended �as set ;�:: '
forth in the article. ` `°" '
passed- see y;.;
. " `below '�.
9 : 24 p ,m. Presented by Se l ectman Marshal l . bottom of page. • `�`•
,
Following a voice vote at 9 : 24 p :,m. , the Moderator � `',;'
declared unanimous passage . •�
� , -----------�--.
. , �sti'
,� �
�� ARTICLE 50 . � By-Law Amendment - Town Cler � .. �
k Fees
�`w�
°�'
MOTION : That Artic1e VII o�r the General By-Laws `� :
- . ..'.3':.
of the Town of Lexington be amended as set fortM ;,�
in the article. �`
. Passed- �;�.
9 : 25 p ,m. Presented by Se 1 ectman W i 1 1 i am Dai 1 ey . see p.406A -,'�k
. and .p.40.6B ��;
Following a voice vote at 9 : 27 ��'
p. m. , the Moderator :�,;
declared unanimous passage . � . ��,,
;�
------------------------------------ -;��
. ARTICLE 51 . Regulations re Schoo�l, Bus Capacity and ';��
Operation '
:;::. �
MOTION : That the Town accept Section 7L of Failed-
Chapter 90 of the General Laws. � see below �
9 : 27 p.m. Presented by Don Cordell , f�r3 .
,;;.
, Discussion followed for and against. °'� '
:i:
�'..""
Following a voice vote at 9 : 45 p. m. , the Moderator
declared the article not to have been adopted .
a ; �.
------------------------------------
;�.
- • ARTICLE 49 GENERAL BY•LAW - '
LICENSES AtJD PERMITS OF DELINOUENT TAXPAYERS
'To see ff the Town will vote 4o amend Ar4icle XXVIi of Yhe General By-Laws by adding a
new Section 10 thereto as fotlows:
"LICENSES ANO PERMITS OF DELINOUENT TAXPAYERS
Section 10. The appropriate licensing and permit-graniing authorities oi the 7own may
deny any apptication for, or revoke or suspend any local license or permit, including
renewals and transfers issued by the Board of Selectmen, or any Tpwn oHicer,
committee or board for any person, corporation or business enterprise who has
neglected or re(used to pay any local taxes, tees, assessments, betterments, or any
other municipal charges. The procedure for denying application for, revoking or
suspending such locai license or permit shall be as set forth in Massachusetts General
Laws, Chapter 40, Section 57 as amended, The Collector of Taxes shail charge a (ee
determined annually tor caRitying that the person, carporation or business enterpri��In
question is in good standing with respect to all local taxes, tees, assess�e���� `
betterments, or other municipal charges,"; or act in any other manner in rel�tie�*
thereta
�'-�6
(ADJOURN.ED.,_SESSION.,_ _A,T ._M .__L_._CON.T_.__-.__APRIL 23.,_ 19�90)
ARTICLE 52 . Lots 407 & 408 Lei hton Avenue I'
, 9
Passed-
see below � MOTIUN : That the Sel ectmen be and they hereby
are authorized to acquire by eminent domain or i,
otherwise Lots 2 and 4 on Leighton Avenue as shown
on a plan entitled "Taking Plan of Land in
Lexington , Mass . " by Northeastern Engineering
Associates dated January � ,: 1990 , and that the
Selectmen be authorized to convey such parcels to
the abutting land owners for one dollar and an
such other terms as the Selectmen may determine.
• 9 : 45 p .m. Presented by Selectman Dailey .
Following a voice vote at 9 : 46 p .m. , the Moderator '
declared passage .
ARTICLE 53e Cut in Military Spending
see P. 407 MOTION : That the Town Meeting approve Article 53
and thereby recommend that the Massachusetts
Congressional Uelegation and the President of the
United States reduce mi1itary spend� ng in order to
cut the federal deficit and to fund pressing
economic , environmenta1 a�d social needs,
9 : 47 p . m. Carol Grodzins , Pr:3 , moved pastponement to ,
Apri1 25 . '� I
I
Following a voice vote at 9 : 47 p . m. , the Moderator
declared postponement.
ARTIC�E 54 . Equal Educational Opportunity Grants I
see p. 411 MOTION : That the School Committee is authorized �
to accept Equal Educational Opportunity Grants I,
that may be available for the current and '
subsequent fiscal years . '
9 : 47 p .m. Polly Woodworth , School Committee , moved that
this article be brought up after Article 53 and line
item Reconsideration .
Following a voice vote at 9 : 47 p . m. , the Maderator
declared postponement. �,
------------------------------------ j
9 : 48 p . m. John Eddison , Chairman of the Board of
Selectmen , moved that the meeting be ad,journed until �,
Wednesday , April 25 , 1990 , at 8 :.00 p . m. , - in Cary Ha11 . i,
Following a voice vote at 9 : 48 p . m. , the Moderator ; '�,
declared the meeting to be adjourned . ;
�
;
A true copy . . I
Attest: '
`�_�- �
Bernice H . Fallick
Town Clerk '
--- --
-- --- -----__
-----
_------- 1----- ----
;" ::. �. !�:-, 1,`'.,` :.:. 1..� ..--�
19�0 �c� -7 F1�1 12� 2� �o� �J
TOWN CI�ERK'S FEES , , ,
I . . , �: '.�_ .i�ii '
AKTICLE 50 � i.I:��; ^: ! l.1�'i. 1����'<<;
:;�
.
Article VII , Section 5. .
Descr' on � '�
le For furnishing certificate of birth 5.40
2. For furnishing abstract copy of record of birth 5.00
3. For correcting errors in record of birth 10.00
� ,
�
4. For entering delayed record of birth 10.00
5. For entering amendment of record of birth of chil.d born out '
of wedlack suhsequently legitimized 10.00
6. For entering certificate of birth for person barn out of the
Commonwealth 10.00
7. For furnishing certificate of death g�Qo
�. For furnishing abstract copy of record of death 5.00
9. For correcting errors in record of death 10.00
10. For entering delayed record of death 10.00
11. For entering certificate of death for person who died out of
the Commonwealth 10.40
12. For entering notice of intention of marriage and issuing �
certificate thereof 15.00
13. For issuing certificate of marriage 5.00
14. For furnishing abstract copy of record of marriage 5.00
15. For correcting errors in record of marriage 10.00
16. For entering delayed record of marriage 10.00
17, For entering certificate of marriage filed by Persans married
out of the Commonwealth 1Q.00
18. For copying any manuscript or record pertaining to birth,
marriage or death p�r page 5�00
19. For examining records or papers relating to birth, marriage or
deaths upon the application of any person, the actual expense thereof,
but not lesa than 5a00
20. For recording order granting locations of pales, piers,
abutments or conduits, alterations or transfers thereof, and increase
of number of wires and cable or a��achm�ents und� �}� -
section twenty-two of chapter one hundred. and sixty-sixrovisions of
� " �` " •""' f lat rate 40.00
and additional for each'.;�tree�iqr��wayc;�,ncluded in such order 10.00
r"`�,, 21� For recording power of attorney
� ' 10.00
� 22. For filing certificate of person conducting business under any ,
title other than his real name
20.00
23� For the filing by person conducting business under any title other
than his real name of a statement of chanqe of hig reaidenr,e, or of his
cliscontinuance, retirrment or withdra��al fram`, or of' a change of location
of, such business
10.00
24� For furnishing certified copy of certificate of
business under any title other than his real name, or�a�statement�byg
such person of his discontinuance, retirement or withdrawal from such
business
� 5.00
:�
�_�-� ��� /�
25. For filing and indexing assignment for the benefit of creditors 10.00
26. For receiving and filing of a complete inventory of all items to be
included in a "closing out sale" , "going out of business sale'°o
��discontinuance of bus iness 3a1@��, "�el l ing OUt��o ��1 iquidation",
°'lost our lease", "must vacate", "forced out" , ar other designation
of like meaning � • �irst page 10.00
. �dd'1 page 2.00
27. 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 Com�onwealth 20.00 I
i
28. For recording certificate of registration granted to a person �
to engage in the practice of optometry, or issuing a certified copy
thereof • 20,00 '
29. For recording the name of the owner of a certificate of
regiatration as a physician or osteopath in the Commonwealth 20.00
30. For filing a copy of written insCrument or declara�ion of trust �
by �he trustees oP an association or trust, or any a,mendmen� thereof,
as provided by section two of chapter one hundred and eighty-two 20.00 !
31. For recording any paper not speciPically named herein, the fee shall, '
unless otherwise �rovided, be first page 10.00 ',
add'1 page 2.00 '
Yf a paper contains the names of more than two parties, an additional fee of
one dollar each shall be charged for indexing the names of additional parties '
. i
r i
' �
i
19c0 Fd3 -� ��� �2� 2� i
Raffles/Bazaar� per year 20.00
Street Listir�g � • ; --�• •- '
mailed ! '.: " �,...`' ;'i� 10.00 �
l �-,�i:��f;r�, � 'r.a� e,� 12.00
.0 . ,<< � ll��, ��i,�,,�.�
Voter identification card � b.00
Itesidency certification 5.00 '
college students no charg�
Copies of checked voter list used at polls per page .50 '
� ' Voting lista i
First copy for candidate oe� political committee no charg� '
Additional copies per precinct 3.00
C�rtified copies per page 2.00
non-certified (xerox) per page ,20 !
Renew gasoline atorage permit �
65.00 i
i
� � � ���
�
�'�
��7 '
ADJOURNED_S.ESSION__.- 1 9_9Q AN.NUAL._ TOWN___MEETING
APRIL_ 25�--_1_99Q
{
The meeting was called to order by Moderator Margery M .
Battin , at 8 : 02 p . m. , in Cary Memoria1 Hall .
�
A quorum was present.
✓ 8 : 05 p.m. The invocation was offered by Rev . Charles I
Smith , Grace Chapel . '
A recess was declared at 8 : 05 p . m. in order that
Senator Kraus recognize the National Merit Scholars .
8: 12 p .m. The Moderator declared the Meeting back in I
session .
8 : 14 p . m. Carolyn Wilson , Lincoln Park Subcommittee of
the Recreation Committee , movec� that the 1�eport of the
Committee be acceqted and placed on file. i
Following a voice vote at 8 : 14 p .m. , the Moderator
declared the Report to have been aGcepted and placed on '
file.
8 : 19 p . m. Renee Cochin , Human Services Committee,
asked that Judith Zabin be recognized to speak on the
Youth Services Line Item and specifically Replace .
8 : 24 p .m. Joyce Miller , Conservation Committee, �
announced a site visit to the Pine Meadows/Meagherville
area on April 28 .
' ------------------------------------ '
�._r
ARTICLE 53 . Cut in Military Spending
MOTION : That the Town Meeting approve Article 53
and thereby recommend that the Massachusetts
_ Cangressional Delegation and the President of the Passed
United States reduce military spending in order to -see p. 408
cut the federal deficit and to fund pressing
economic , environmental and social needs.
8: 25 p .m. Presented by Carol Grodzins , Pr3 , who asked
that Rachel Rosenblum be recognized .
Statements were made in support including those of
Senator Kraus and Representative Doran .
8 : 44 p , m. Arthur Smith , Pr2 , citing the By-laws moved
that debate be closed after 15 minutes . There was
discussion for and against.
8 : 51 p . m. John Hayward , PrS , moved the question ,
Following a voice vate at 8 : 51 p . m. , the Moderator
�; declared a "no" vote .
l.:_� -
Giscussion continued as to whether debate should be
limited.
8 : 59 p . m. The Moderator called for a vote on limiting ,
debate. Following a voice vote on which the Modera�or '
was in doubt, a standing vote was taken which was
tallied as follaws :
_�__
� �g
�
_(ADJOUR.NED _SESSI.ON_,__._ A, T,M . ,. CONT_ ._ -. A_PRIL_ 25_,__ t_990�.
Precinc� Yes Na Abstain
1 8 8 �
' 2 6 10
3 5 11
4 7 9
5 6 8
6 8 8
7 3 8
8 6 9 �
9 11 6
At large 9 15
Totals 69 92
8: 59 p .m. The Moderator declared that debate would nat
be limited .
Discussion continued . Carolyn Tiff�ny stated that the
Selectmen had declined to put this article on the
ballot and the Town Meeting vehicle had then been
chosen ,
9 : 06 p .m. Marion Reilly , Pr3 , stated her intent to
abstain on the vote and offerect the fol1owing motion :
MOTION : that Article 53 be amended by I
inserting after the word "spending"
Failed the following , "except far that i
-see below port.i on of the budget used i n the �I
cont.rol of illegal druqs , "
Fallowing a voice vote at 9 : U9 p . m. , the Maderator
declared the motion not to have passed .
9 : 09 p . m. Responding to questions , Selectman Eddison I,
explained that the Board had felt it more apprapriate ;
to put the issue before the Town Meeting rather than '
� the Town Election . �',
Following a voice vote at 9 : 19 p .m. , the Moderator '
declared the motion offered by Mrs . Grodzins to have
been adopted .
Following a request from Frank Sand.v ror a standing
vote in order to let the Representatives knaw what the ,
vote was , sufficient members stood. to call for a �
standing vote which was tallied as follows : j
P,rec.i nc_t Yes No Abstai_n ;
_
I
1 10 7 ,
2 8 5 ���
3 10 3 1 � ,
4 11 3 j
5 8 2 1 I
6 13 2 ,
7 9 3
8 11 4
9 14 3
At large 20 2 ,
Totals 114 34 2 ��
----�-- -- -
------- _-----------------
���
(ADJO�URNED __SESSION.,___ A._T.'.,_M . ,_ CONT...__-_ APRIL 25,_._1_990.)
9 : 23 p.m. James McLaughlin , Pr8 , moved Reconsideration �
of Article 4 , Line item 1200 . �
i
Marita Hartshorn , Pr2 , read a resolutian which she �
intended to mave if Reconsideration prevailed .
i
� William Fitzgerald , Minuteman Vocational Technical High
School , presented information .
Following a voice vote at 9 : 35 p. m. , the Moderator
declared Article 4 , Line item 1200 was before the
Meeting .
9 : 36 p .m. Marita Hartshorn , Pr2 , moved to amend Article
4 , Line item 1200 , by adding the following words:
Be it resolved that the Town of
Lexington request the Minuteman '�
School Commi ttee to as�ess member failecl- '
towns for thei r residents enrol led as see below
full time postgraduate students at a '
cost equal to the financial need of '
the said students as determined by
the Minuteman School Committee
Discussion continued for and against.
9 : 43 p . m. George Burnell , Appropriations Committee,
stated support of Minuteman but suggested eliminating
all town funded postgraduate study . I
� Fallowing a voice vote at 9 : 47 p . m. which was '
indeterminable , the Moderator declared a need for a
standing vote which was tallied as follows:
Precinct Ye_s No Abstain
1 11 3
2 g 7
3 12 g
4 5 10
5 6 10
6 g �
7 3 7
$ 5 g
9 7 11
At large 13 11
Totals 77 77 '
9 : 51 p.m. The Moderator declared the amendment to have '
�,,._, f a i 1 e d . '
� Following a voice vote at 9 : 51
p . m. , on line item 1200
as passed on March 28 , the Moderator declared adoption .
------------------------------------------
9 : 52 p .m William Fallon , Pr7 , moved Reconsideration
of Article 4 , line item 4200 .
9 : 59 p . rn, Selectman Jacquelyn Smith stated that a
ma.jority of the Selectman were against Reeonsideration.
10 :.06 p . m. Town Manager Richard White gave an
explanation of the origin of this line item and Chief
Bergeron gave further details .
�_� �
i
�A_DJOURN.ED„_SESSION,,_ A. T . Ni. , __CONT ,._._- _AP.RI L_._25, 1990�_
10 : 24 p . m. Michael O' Sullivan , Appropriat,ion
Committee , spoke against Reconsideration . '
The�re was f u rthe r d i scuss i on f or and agai ns�t .
,
10 : 29 p .m. Donna Hooper , Pr3 , moved that the vote on �
Reconsideration be a roll call vote . An insufficient
number of inembers stood to supqort Mrs . Haoper ' s
motion .
Following a voice vote at 10 : 29 p .m. , the Moderator
declared that Reconsideration did not prevail .
Sufficient m�mbers stood to doubi� the vote and a
standing vote was taken wl-�ich was t,ailied as follaws : '
� Precinct Yes No Abstain
1 10 8
2 8 10
3 5 10
4 4 11
5 4 13
6 2 13
7 4 8
8 6 10
9 5 13
At large 4 21
Totals 52 117 '�
10 : 35 p . m. The Moderator stated that Reconsideration
did not prevail .
-----------------------------------�-------
10 : 35 p. m. Fred Rosenberg , Pr9 , moved Reconsideration ,
of Article 4 , line item 5400 .
10 : 36 p.m. Richard Michelson , Pr8 , moved to adjourn to
Monday , April 3�0 , at 8 p . m. ,
Foliowing a voice vote aL 10 : 39 p . m. , the Moderatar '
declared that there would not be adjournment at this
time .
Sufficient members stood to doubt the vote and the
Moderator called for a standing vote which was ta1lied �
as follows : i
Precinct Yes No Abstain I�
1 7 7 �I
2 7 8 , i
3 10 6
4 10 6 �
5 8 9
6 1 13
7 5 7
$ 8 8
9 6 10
At large 9 15
Totals 71 89 ;
I
10 : 39 p .m. The Moderator stated there would not be
adjournment at this time, ,
------�— — — ----
------ _..
_—__- ------ ---
41�. �
�A_DJOU.RN.E_D S_ESSION_, A.,,_T_,M.._,___._CONT.. -_ A_PRIL _.2,5_,__ 1990�
Discussion continued on Article 4 , lina item 540Q . ���
10 : 47 p .m. Selectman �ddison spoke in favor of a six
�-- route system. ,
� � � �
�
10 : 49 p .m. A majority of the Appropriation Committee
stated opposition to Reconsideration .
Following a voice vote at 10 : 53 p . m. , the Moderator
declared that Reconsideration did not prevail .
ARTICLE 54 . Equai Educational Opportunity Grants
IPP -
MOTION : That the School Commi ttee i s -see below
authorized to accept Equal Educational
Opportunity Grants that may be available for '
the current and subsequent fiscal years .
10 : 55 p. m. Lois Coit , School Committee , moved ',
Indefin� te Postponement.
Following a voice vote at 1p : 55 p .m. , the Moderator
declared Indefinite Postponement.
------------------------------------------
10 : 56 p, m. John Eddison , Chairman of the Board of
Selectmen , moved that the meeting be ad,journed until �
__ Monday , Apri � 30 , 1990 , at 8 : 00 p . m, , in Cary Hall , '
Following a voice vote at 10 : 56 .p .m. , the Moderatar '
declared the meeting to be adjourned .
A true copy .
�ttest :
� %- / � �
---------- -- -- �'=�-�r--
' Bernice H . Fallick
Town Clerk
,; � �
s
���
I
ADJOURNED S�SSION - 199u ANNUAL TOWN MEETING
APR I.L..__3_0_,L._.1_9.9_0
The meeting was called to order by Moderator Margery M. ,
Battin , at 8 : 05 p .m. , in Cary Memorial Hall . I
A quorum was present. �
8 : 05 p .m. The invocation was offered by Rev . Alfred �
Mattes .
The Moderator congratulated Robert Rotberg on his I
appointment as President of L_afayette College and paid ,
tribute to Judith Uhri9 for her c�ntribution to the '
Planning B�ard . The Moderator announced that the
annual critique of Town Meetiny orocedures w�uld be
held on June 13 , 8 p . m. , in Estabrook Hall .
------------------------------------------
ARTICLE 2 . REPORTS
8 : 12 p . m. Selectman Dailey int.roduced William Kennedy ,
Permanent Building Committee , who spoke particularly in '
respanse to comments which had been made on Apri1 11
regarding the role of the Committee and school related
items.
8: 20 p . m. Robert Hutchinson , former Town Manager .
presented the history of the Committee and praised the
skills of the volunteers in towri .
8 : 25 p. m. Po11y Woodworth , School Committee , stated
that Dr . Geiger' s comments had been intended to asked '
for authoritv to oversee the money which Town Meeting
would vote that night. � 'i
---...__._�---- - -.---_____ ...�.� '
8 : 26 p .m. Marshall Derby r•eported for �exHAB.
------------------------------------------
ARTICLE 37 . ZONING BY-LAW , BED �ND BREAKFAST
MOTION : That the Zoning By-Laws of the Town be
Passed amended as set forth i n the mot;i on a�tached to the
-see P. 415 report of the Planning Board on this article .
8 : 28 p. m. Presented by David 4Villiams , Planning Board . '�
Mr . Williams moved that the Report of the Planning �
Board be accepted and placed on fi "le . Following a
voice vote at 8 : 28 p . m. , the Moderator declared the
Report to have been accepted and placed on file.
MOTION :
That the Zoning By-Law be amended , as follows : ',
a. In Section 2 , DEFINITIONS , by inserting two new '
definitions , in the proper alphabetical sequence : '
"BED AND BREAKFAST HOME : A private owner-occupied
dwelling ��nit where three or fewer bed and breakfast , �
units ( See Definition ) are let , and a breakfast is � �
included in the rent, as an accessory use , in which �
accommc�dations are available for overnight. See '�
Section 5 . 5 . " '
- "BED AND BREAKFAST UNIT : A rental quest unit in a bed
and breakfast home ( See C�efiniti�n and SecLion 5 . 5 )
consisting of one bedroom and an ad:joining bat,hroom, if
provided . "
b. In SECTION 4 , TABLE 1 PERMITTED USES ANU DEVF_L�PMENT
STANDARDS , by renumberinq t.he existinq lines 1 . 23 to i
1 . 33 , and all cross referPnces Lhereto , to be lines
1 . 24 to 1 .34 respective�Vv and by inserting a new
-------------------- --- ----- ------= ---
—f----
���
(,A_DJOUR_NED__:SESSION;...__A.._T,._M.,;_;__,..CON.T ._._-. APRIL..._30.._,.._..19.9.0...1.
line 1 . 23 , as follows : '
" 1 . 23 Bed and Breakfast Home ( see Section 5 . 5 ) " and �
� under the columns heacled R0, RS the symbol
� "Y" ; and in the columns for all other
� districts , the s�mbol "N" which stands for i
NO, not permitted . '
c . By deleting the wording "5 . 6 ( Reserved ) " ; by
redesignating the existing Section 5 . 5 NURSERI�S,
and all cross references thereto , to be "SECTION 6
NURSERIES" ; and by insertinc� a new S�ction 5 . 5 as
follows :
"5�5 BED AND _BR_EA.KFA_ST_.__HOME
A bed and breakfast home is a private awner-occupied �
dwalling unit where thrae or fewer bed and breakfast '
units ( See Defini �.ian ) are Iet , and a breakfast is
included in the rent, as an acczssory use , in which
accommodations are available for overnight.
5 . 5 . 1 OBJECTIVE
The conversion of an existing sinc�le-family
dwelling unit into a bed and breakfast home containing
not more than three , bed and br��kfast units is intended
to provide standards to ensure that any dwelling
�`, containing a bed and breakfast, home is maintained
primarily as a residence and the bed and breakfast �,
�_ accommodations are subordinate and incidenLal to the �',
principal use of the dwelling as a residence . :
5 . 5 . 2 CONDITIONS AND REQUIREMENTS
Tne Suilding Commissioner may issue a certificat,e
of occupancy for a bed and breakfa5t home to be
conducted in a one-family dwelli:ng unit in an RO o-r RS
district provided that each of the fallowing conditions
and requirements are met:
a. General
1 . No bed and breakfast home, new or pre-
existing , shall be operated without first
being granted a certificate of occupancy from
the Building Commissioner . Each bed and
breakfast home in existence on the effective
date of this provision is not a nonconforming
use , is in viclation of the Zoning By-�,�w and
is not entitled to remain in operation
without the issuance of a certificate of
" occupancy . ',
2 . A bed and breakfast home is an accessory use ,
and the primary use of the dwe1ling unit
; shall remain as a residence and not as a
� lodging house or as a "bed and tareakfast �
-- establishment" , as that term is defined in '
Chapter 64G of the Massachusetts General '
Laws . As an accessory use , the bed and
breakfast operation shall not occupy more
than 45 per cent of the gross floar area of
the dwelling unit , and shall meet the
criteria for an accessory use set forth in
paragraph 4 . 1 . 6 .
3 . Within one dwelling unit there shall be a
maximum of three ( 3 ) bedrooms which are
rented to roomers , boarders or bed and
breakfast units . Within a dwelling , ( the
structure, see definition of dwelling ) there
���
�'
( AUJOURNED_._SESSIO.N., _ A_.T_,M ,_,__ CONT . , .- _AP.R.I L__3_0,.,_ ., 1 990 .
shall be a maximum of three ( 3 ) bedrooms �
which are occupied as an accessory apartment, �
or rented to roomers, boarders or bed and
breakfast units . ; '
4. Food for a fee may be served only to
overnight guests . �,
5 . No signs beyond those allowed by Section
13 . 2 . 2 of this By-Law shall be permitted ,
b. The dwelling unit containing the bed and
breakfast home shall be designed so that the exterior
appearance of the structure remains that af a one-
family dwelling , sub,ject further to the following
conditions and requirements :
1 . A,11 stairways to upper stories shall be ,
enclosed within the exterior walls of the
dwelling . There shail be no exterior fire
escapes . �.
2 . An enlargement or addition to the structure
is permitted provided t:he architectural
character of a one-fam� ly dwelling is main-
tained .
c . Parking .
In order to maintain the appearance of a single-
family neighborhood , all parking spaces on the
lot "shall be sub,ject to the foliowing conditions '
and requirements in additian ta those set forth
in Section 11 Off-Street Parking and �oading :
, 1 , There shall be one parking space provided for ''
each bed and breakfast unit . '
2 . Newly created parking spaces may be located
only in the rear and side vard .
5 . 5 .3 PROCEDURES ,
5 . 5 . 3 . 1 Each application for a certificate of occupancy �,
shall be accompani,ed by : ,
a. Floor plans , drawn to scale , of the dwelling
showing each of the bed and breakfas�, units
to be designated and the access ta , and
egress from, each such unit. '
b. An off-street parking plan as required in
section 11 . 2 .
c . Where exterior changes are proposed , an '
elevation , or other visual representation , of
the facade to be changed sufficisnt to show
the architectural character of the dwelling ,
is maintained as a one-family house . �,
d . �,n application for inspection of the property
by the Building Commissinner to determine I
compliance with the current requirements of ,
the Massachusetts State Building Code .
,
5 . 5 , 3 . 2 The certificat,e of occupancy for the bed and !
breakfast aperation shall be limited to a maximum of �
three ( 3 ) years . A certificate �f occupancy shall be
issued only to the owner of th� property and shall not
be transferable . Any changes in ownership of the
property shall require a new certificate of occupancy . '
5 . 5 . 3 . 3 Upon issuance af a certificate of occupancy ,
the Building Commissioner shall notify abutters oT the
lot that a certificate of occupancy has been issued and �
of the terms and conditions under which it has been
issueda " ,
----__------__
---- — --
-- -------- --__
4�5 '
�_ADJOURNED__SES,SION_,___A,. T__M ._,.:.._CON_T ..,..- _APRI L .3_0_.,.__t 99_0_.Z
8 : 29 p .m. Mr . William5 explained and there were
comments for and against.
�
' Following a voice vote which was not unanimous, the
Moderator called for a Standing Vote which was tallied
as follows : �
� �
Pr�ci_nct Yes No Abstain
1 16 1
2 12 2
3 16 0
4 11 3
5 16 2
6 16 0
7 10 2
8 13 2 �
9 12 2 '
At large 21 4
Totals 143 18
8: 41 p.m. The Moderator declared passage of Article
37 .
The Moderator stated that Articles 55 and 56 wou�ld be
�, discussed toqether .
t�
ARTICLE 55 . PINE MEADOWS DEVE�OPMENT
Passed
MOTION : That the Town Meeting endorse the -see P. 417
following guidelines for the Pirte
Meadows/Meagherville Site Develo�ment
Cammittee :
1 . Forty units of affordable rent.al housing should be
built.
2 . A road connecting Cedar Street and Garfield Street
should be constructed as qart of th� development.
3 . The sale of up to 12 buildirig lots to private
developers for single family housing should be the
primary form of financing for this development.
8 :41 p .m. Selectman Paul Marshall presented the motion
and explanation .
ARTICLE 56 . MEAGHERVILLE LANQ , H�USING, CUNSERVATION , '
RECREATION USES
MOTION:
- That the Town Meeting endorse the following nrocedure :
Failed
( a ) Utilizing the skiTl and rsources of LexHAB and of -see P. 418
outside consultan�s as needed , the Selectman shall
prepare detai1ed plans for affordable housing on the
Pine Meadows-Meagherville site in subst,antial
accordance with the concept plan presented by the
Precinct 8 Residents Association to this T�wn Meeting ;
which plan provides for the construction of
apprcximately c0 unit•s of affordable housing , whie:h
excludes the construction of any road �onnecting
Garfield and Cedar Sts . , which excludes the sale of
land on the Pine Meadows-Meagherville site for purposes
_���
ADJOURNED SESSION A . T . M . CONT . - APRIL 3U 1990
� . . . _ _ _ . ,_ , , .... . . �
of financing the development, and which transfers the �
remaining land of the Pine Meadows-Meagherviile site
fexclusive of the land used for the golf course ) to the , �
Conservation Commission . '
( b) The Selectmen shall invite the participation of i
neighborhood representatives , representatives of
appropriate Town Boards , and other persons , as
appr•opriate , in the formulacion af the detailed plans .
( c ) The 5electmen sha11 present the detailed plans for
review and approval to a Special .Town Meeting to be
convened in the fall of this .year or at the earliest ,
reasonable date . Such plans may include a request for '
rezoning portions of the site .
( d ) The Selectmen shall hold public hearings as I
appropriate , but at least one such hearing shall be '
held no later than 6 weeks prior to the Special Town '
Meeting noted in part ( c ) of this motion . '
9 : 04 p . m. Presanted by Jay Kaufman , Pr8 . Alan Levine ,
PrB , and Mr . Kaufman continued the explanation .
9 : 17 p . m. Martha Wood , Planning Board , moved that the
Reports of the Planning Board on Articles 55 and 56 be ',
accepted and placed on file . Following a voice vote at ,
9 : 18 p . m. , the Moderator stated that the Report,s had J
been accepted and placed on file . Mrs . Woad continued '�
the explanation . i
9 : 27 p . m. There was consid2rable discussion for and
against both Article 55 and Article 56 , with the
Conservation Commission stating . its desire that the
entire area not be developed . ;
10 : 45 p . m. George Burnell , Pr7 , moved the question .
Following a voice vote at 10 : 45 q . m, as to whether the ',
main question should be put , the Moderator declared a �
no vote. Sufficient members stood �o doubt the vote , ',
and the Moderator called for a standing vote which was
tallied as follows:
Precinct Y�s No Abstain
1 14 4
2 10 7
3 9 6 ,
4 7 8 '�
5 8 7
6 3 12 i
7 3 10 �,
8 3 15 �I
9 9 6
At large 19 6 '
� �__.--- i
Totals 85 81
10 : 48 p . m. The Moderatar declared the main question to
be before the Meeting .
10 : 51 p .m. Selectman Marshall commented further , i�
followed by Mr . Kaufman .
The Moderator called for Standing Votes which were
tallied as follows :
���
_(ADJ_OURN_ED__._SESSI.ON_,_A.;.T.. M ._.,.. _CO.NT,_...-_ A.PRI_L._. 3_0_.,_.._19,90_)
A r t i c 1 e 5 5�__._#1 F o r ty__U__n i t s
Precinct Yes No Abstain
� --�-----_�
� 1 13 5
2 11 6
3 10 7
4 8 7
5 10 7
6 12 2
7 g �
$ 2 16
9 1Q 5
At large 1g g
Totals yp1 6g
The Moderator declared passag2 at 11 : 04 p ,m.
A r t i.c l e_._5 5 s._._#.2__R o a d
The Moderator called for a standing vote which was
tallied as follows :
Pre_c.i nct Yes No Abstai n
y 15 3
2 17 6
3 g � I
4 8 7
5 g �
6 11 3
7 g 5
8 2 16
9 9 6
At large 1g 11
Totals g5 7�
The Moderator declared passa,qe at 11 ; 07 p . m.
Article.___55_,___#3 T.wel_ye lot__.sale
The Moderator called fer a standina vote which was
tallied as follows :
P_re_c,i.nct Yes No Abstai,n
1 13 5 ;
2 6 11
3 13 4
% 4 6 9
— 5 7 10 I
6 g � ,
� 8 6
$ 4 14
9 g 6
At large 13 11
Tatals 88 81
The Moderator declared passage at 11 : 09 p .m.
--------------------------------
���
(ADJO.URNED.__SE_SS_ION_, A , T.,.M,._, .._.CON.T, - APRI L_ 30_,_. _1_9:90_.�.:
f
ARTICLE 56 . MEAGHERVILLE LAND , MOUSING , CONSERVATIt�N ,
.. See RECREATION USES
Motion '
p. 415 The Moderator called for a standing vote which was ; '
tallied as follows : '
Precinct Yes No Abstain
.._____.._ ----.._.._ _ ______ .----
' 1 2 16
2 4 13
3 6 11
4 6 9
5 2 12
6 1 13
7 6 8
8 9 7
9 3 11
At large 7 15
Totals 46 115 � �
11 : 12 p . m. 7he Moderator declared that Article �6 had
not been adopted .
11 : 13 p. m. Ephraim Weiss , Pr5 , moved Recons� deration af
Article 4. , lin� item 5200 . '
Following a voice vote at 11 : 13 p . m. , t.he Modera.tor
declared that Reconsideration did not �revail .
11 : 17 p. m. ^ Iris Wheaton , Pr7 , �mcved Reconsideration of � I�
Article 4 , line items 3100 and 7130 .
Following a voice vote at 11 : 21 p. m. , the Moderatar
declared that Reconsideration did not prevail .
11 : 21 p . m. Julian Bussg�n,y asked for a report on '
Emerson Gardens and further study . `
------------------------------------------- I
ARTICLE 57 . USE OF FUNDS TO REDUCE TAX RATE
MOTION : That the sum of $2 , 815 , 409 be
Passed appropriated to reduce the tax levy for the
-see below f i sca I year beg i nn i ng Jul y 1 , 1 990 , and �rhat
such amount be transferred from the Unreserved
Fund Balance .
11 : 23 p .m. Presented by Selectman Eddison .
11 : 2.3 p . m. Michael O' Sullivan , Aqpropriatian '
Committee , spoke in favor .
Following a voice voice at 11 : 23 p . m. , the Moderator
declared unanimous passage .
11 : 24 p.m. Selectman Eddison moved Dissolution of the
i990 Annuat Tcwn h;eetina .
Following a voice vote at 17 : 24 p . m. , the M�c�erator
declared the Meeting to be Dissolved .
A true copy .
Attest:
,
---� -----`�°-�-- ----------
Bernice H . 1=allick
Town Clerk
----- ------
------ --- ---- — -- --- - _ ---- _ -------
-T---
���
(:WARRANT:.._FOK TOWN ELECTION_._SEE__WARRANT._FILE�
TOWN ELECTION - MONDAY, JUNE 11, 1990
SPECIAL ELECTION, OVERRIDE OF PROPOSITION 2 1/2 I
Shal.l the town of Lexin�ton be a:llowed to assess an additional
$1,097,829 in real estate �snd persona.l propPrt,,y taxes far the
purposes of ineetin� the educational e.x�enses of the Lexin�ton
� Public Schools, the operating expenses of the Fire Department
�_
relating to the East Lexington Fire Station, the operating expenses ,
of the Police Department relatin� to Lexi.ngton Center covera�e and '
other police personnel. issues, the operating expenses of the
Library relztin� to maintaining hours �f operati.on, the operating
expenses of the Recreation Department to maintain existing services
and provide weed control at the Ol.d Res, the town's share of the
operatin� expenses of Lexpress, and the provision of services to
youth incluciin� Replace for the fiscal ,year beginning July first,
nineteen hundred and ninet5*?
Yes No
In pursuance of the foregoing warrant the legal voters of the
Town of Lexington met in their respective voting places in said
Town of Lexington on Monday, June 8, at 7 a.m.
The following places were designated as the voting places for
the various nrecincts: Precinct One, Harrington School; Precinct
Two, Bowman School; Precinct Three, �Jon�.s Clarke hliddl.e School;
Precinct Four, Lexington Senior High School; Precinct Five, Car,y
Memorial Building; Precinct Six, William Diamond Aiiddle School;
Precinct Seven, Joseph Estabrook School; Precinct Eight, Central
("�'; Fire Station; Precinct Nine, A1aria Hastings School.
�� !
� The F:lection Officers of the various precinets were assigned
for duty as follows:
Precinct One -Harrin�ton
Warden Eileen Fradette
Clerk Grace Campbell
Inspector Audrey Frazer
Inspector , Virgini.a h'arner
Inspector Ueorge Kalafatis
Inspector Robert Blouin
- Inspectoi biargaret Rlouin �
Precinc.t_Two - Bowman
Warden Elizabeth Clarke
Clerk Donna Alexson
Inspector Anna Al.exson
Inspector Robert Trask, Jr.
Inspector Lois Smith
Inspector Kenneth Smith
Precinct Three - Clarke
Warden Gerald Abe�g .
Clerk Dtildred Cronin _
Inspector Alice Hopkins
Inspector Lillian Drury
�; Inspector Gwendol,yn Cram
�' Inspector Se,ymour Mandel
Inspector Marie Roberts
Inspector Marguerite Cronin
Inspector Philip Pul],en
Precinct_Fou_r - Hi.�h School
Warden Gul.li Kula '
Clerk Richard Crawford
Inspector Ruth Ham.l.i.n
Inspector Ra,ymond Flynn
Inspector M. I�oretto Tucker
Inspector Alfred Mattes
Inspector �leanor Mattes
Inspector Evel,yn Youngren
/`j�\' i
(SPECIAL TOWN ELECTION - MONDAY,� JUNE 11, 1990, CONT.)
i
Precinct _Five - Cary Hall
Warden Elizabeth Flvnn
Clerk Winifred Ivester
Inspector Marcia Cormier
Inspector William Simmons �',
Inspector porothy Gauthier ,
� Inspector Priscilla Winter
Inspector Jacqueline .Michelove � ,
Precinct Six - Diamond ; �
Warden Cornelius Cronin ..� ,
Clerk Dorothy Boggia !
Inspector Barbara Wachman
Inspector Mary Casey
Inspector . Judith Goldman
Inspector Calvin Belbin
Inspector Shirle,y Bullock �
Precinct Seven - Estabrook
Warden^ A. Estelle Szalajeski
Clerk Nancy Lou Hayes
Inspector Alice Coletta
Inspector Ann Baum
Inspec�or Miriam I+tiller
Inspector Patricia Need}iam
Inspector Eileen Carpenter
Inspector Nancy Ryder
Inspector Clark Cowen
Precinct Ei.g_ht - Fi.re Station
Warden Catherine Jones
Clerk k'rank Samuel
Inspector Blanche Johnson
Inspector St;ella Laurendeau
Inspector Elizabeth Sinclair _
Inspector Olive Samuel. . i
Inspector Florence Murray �
Precinct Nine - Has�ings � '
Warden John Taylor
Clerk Caro.le Scalise
Inspector Anne Ta,ylor
Inspector Carol Snell ,
Inspector Janet Lowther I
Inspector Carlton Higgins
Inspector Judith Schuler i
Inspector William Tiurphy ',
The polls were declared,open in each precinct at 7 a.m.
and remained open until 8 p.m. , at which time, after due notice, ,
they were declared closed.
The total number of re�istered voters in each precinct ,
eligible to vote as of Ma,y 22, 19.90, is as follows:
PRECINCT REGISTERED DEMOCR�TIC I��:F�UHLICAN UNROLI,ED j
VOTERS I
1 1847 961 331 555 �I;
2 2113 1156 334 623 I
3 2019 922 394 703 i
4 2093 1032 425 636 ' ,
5 2182 1002 408 772 '�
6 1988 951 453 584 'i
7 2037 1030 364 643 i
8 2120 943 450 727 �
9 1996 918 392 686 '
-------- --------- --------- ------
TOTALS 18395 8915 3551 5929
Recap sheets were delivered to the Board of Registra�s in
the Comptroller's Office.
The Town Clerk and the members of the Board of Registrars
canvassed tl�e results as follows:
- ---------- -------------
- ---- — ----
--- -----
���
• � ABSENTEE BALLOT BREAKDOWN 1 '
SPECIAL TOWN ELECTION
� JUNE 11, 1990
APPLICATIONS BAi,LOTS BALLOTS RETURNED �
PRECINCT PROCESSED RETURNED UNUSED TOO LATE
�
VOTED BY MAIL
. (Excluding Permanently Physically Disabled)
r-- 1 16 13 1 2
� ; 2 26 lb 7 3
� 3 25 21 4 -
�-- 4 22 19 2 1 '
5 14 10 2 2
(, 26 19 4 3
7 23 17. 6 -
g 15 13 2 -
g 18 13 4 -
Totals 185 141 32 11
(One ballot rejected as defective)
VOTED BY MAIL
(Certified Permanently Physically Disabled)
1 3 3
2 1 1
3 2 2
4 1 1
5 1 1
7 2 2 .
8 1 1
• Totals 11 11
VOTED IN PERSON OVER THE COUNTER '
1 28 28
2 53 53
3 35 35
4 66 66
5 42 . 42
6 58 58
7 53 53
- 8 38 38
9 28. 2g
Totals 401 401
NON-REGISTERED VOTERS - VOTED BY MAIL
1 2 0 2
2 1 0 1
4 1 0 l
6 2 1 1 •
Totals. 6 1 5
��
,
�..`
;
��7 -
(SPECIAL TOWN ELECTION - MONDAY,JUNE 11, 1990, CONT.)
I
�
Precinct Machine Vote Absentee Ballots
Yes No Yes No
1 492 642 33 11
� 2 758 602 48 22
3 594 573 49 9
4 810 541 56 30 '
5 ' 678 736 32 21 ;
6 715 584 48 29 i
7 806 554 44 27
8 732 686 31 22
9 639 609 19 23
Subtotals 6224 5527 360 194
Total Yes - 6584
Total No - 5721
Total Votes Cas� - 12305 ,
67� of the registered voters voted. '
A true copy. �
Attest: �����iwu_ - —.
-----------------..__._..____._. -----
Bernice H. Fallick
Town Clerk
July 9, 1990 - regignation - pr. 3 of Robert I. Rotberg, 14 Barbe�ry Road ��
July 16, 1990 - replacemerit - pr. 3 Robert C. Whyte, 11 Allen Street '� I,
for Robert I. Rotberg '
July 20, 1990 - regignation - pr. 6 of Francesca Galluccio-Ste�le,
12 Adams Street
August 10, 1990 - replacement - pr. 6 Peter Diamond, 15 Franklin Road
for Grancesca Galluccio-Steele ',
August - 1990 - death - pr. 7 of Lloyd Gilson, 35 Pa�t"ridge Road �
September 4, 1990 - replacement - pr. 7 Robert M. Farias, 21 Eldred Street i
for Lloyd Gilson '
� �
i
i
�
i
I
I
,
- i
------ ---
----------- --------_ ---
--
--- ---�
. ���
. I
�FIARRANT._FOR_.STATE_„PRIMARIES_.ELECTION�_SEE_WARRANT FILE� ,
TOWN ELECTION - TUESAAY, SEPTEMBER 18, 1990
��,
In pursuance of the foregoing warrant the legal voters of the
Town of Lexington met in their respective votin� places in said
Town of Lexington on Tuesda,y� September 18, 1990, at 7 a.m.
' - The following places were designated as the voting places for
� the various precincts: Precinct One, Harrin�ton School; Precinct
Two, Bowman School; Precinct Three, Janas (;larke Middle School; ',
Precinct Four, Lexington Senior High School; Preci.nct Five, Cary
Memorial Building; Precinct Six, William Diamond hliddle School;
Precinct Seven, Joseph Estabrook School; Preci.net Eight, Central
Fire Station; Precinct Nine, Maria Hastings School. _
The Election Officers of the variaus precincts were assigned ',
for duty as follows:
Precinct One �
Warden Eileen Fradette �
Clerk Grace Campbell ,
Inspector Audrey Frazer ,
Inspector Virginia Warner
Inspector George Kalafatis '
Inspector Margaret Blouin
Inspector Robert Blouin
Precinct Two
�" Warden Elizabeth Clarke
� Clerk Donna Alexson !
;�; Inspector Owen Lafley
Inspector Lois Smith II
Inspector Kenneth Smith
Inspector Marie Roberts
Inspector Anna Alexson
Inspector Elizabeth Haines
Precinct Three '
Warden Mar.jorie Modoono
Clerk Mildred Cronin
Inspector Alice Hopkins
Inspector Lillian Drury
Inspector Gwendol,yn Cram
Inspector SeYmour Mandel
Inspector Helen Euart
Precinct Four
Warden Gulli Kula
Clerk Richard Crawford
, Inspector Ra,ymond Flynn
Inspector M. Loretto Tucker
- Inspector Alfred Plattes '
Inspector Evelyn Youngren
Inspector Ruth Hamlin
"-C.��- • .
� �
. �
�State Primaries Election. September 1,7,.._1990�cont.
------------
Precinct Five '
- Warden Elizabeth Flynn i
Clerk Winifred Ivester �I
Inspector Marcia Cormier
I
Inspec�or Jacqueline Michelove I
Inspector poroth,y Gauthier ' '
Inspector Josephine Luther '
Inspector Philip Pullen !
Precinct Six
Warden Cornelius Cronin � ,
Clerk Gerald Abegg
Inspector Ann Baum
Inspector Evelyn Belbin
Inspector Calvin Belbin ,
Inspector Judith Goldman
Inspector Gail Faulkingham I
Inspector Mary CaseY '
Inspector Shirle,y Bullock '
Precinct Seven
Warden A. Estelle Szalajeski
Clerk Nanc,y Lou Hayes
Inspector Alice Coletta
Inspector Miriam Miller
Inspector Barbara Davis '�,
Inspector Eileen Carpenter r� ',
Inspector William Simmons 'i
�
Precinc� Ei�ht
Warden Catherine Jones
Clerk Robert Trask
Inspector Blanche Johnson '
Inspector Stella Laurendeala �
Inspector Olive Samuel
Inspector Elizabeth Sinclair '
Precinct Nine
Warden John Ta,ylor
Clerk Carole Scalise
Inspector William Murph,y
Inspector Ellen 0'Connell '�
� Inspector Janet Lowther i
Inspector Anne Taylor ��
Inspector Judith Schuler
Inspector Clark Cowen
The election officers were sworn to the faithful performance- i
of their duties. ,
The polls were declared open in each precinct at 7 a.m. and ��
r.emained open until 8 p,m. , at which time, after due notice, the,y
were declared closed.
I�
',
--- --__--- ---- —
----- --- -
— -----�
-
_ ___ �-
�" ��
�State Primaries,TTuesd�,_ S,eptember 17�._.199_0,_cont.�
The total number of registered voters in each precinct
eligible to vote as of August 21, 1990, is as follows: '
PRECINCT REGISTERED DEMOCRATIC REPUBLICAN UNROLLED
VOTERS
e 1 1930 953 332 645
` 2 2184 1158 316 710
` ` 3 2114 920 399 795
4 2146 1032 422 692
5 2257 1010 408 839
6 2075 958 442 675
7 2116 1018 350 748
8 2178 930 429 819
9 2057 929 382 746
-------- --------- --------- ------
TOTALS 19057 8908 3480 6669
Recap sheets were delivered to the Board of Registrars in the
Comptroller's Office.
61� of the registered voters voted.
The Town Clerk and the members of. the Board of Re�istrars canvassed
the results as follows:
DEMOCRAT Totals �' FR� Yk« riFt3 Pk4 PH5 8RG PR7 Fk8 FR�7
Vote cour�t: 7770 757 1021 Fi4u 897 881 8G1 91G $bq 7g]. �
�- SENATOR IN CONr,RE55 '
�ohr� F. Kerry SG33 523 743 G39 593 G17 G49 G&7 G30 S57
-Rlanks 2137. �34 �Jf3 :;UB 254 2G9 212 w29 239 2?.q
r,OVERNok
Erancis X. Hellotti 3G67 311 4')G 4'.�.�7 395 355 431 qt30 42$ 3Qq
Evelyn E. Murphy 238 1G 30 '�� 31 30 30 3� 19 28
Johr� Silber 3G81 A04 4G9 3?q q00 47G 389 387 3'J/ 390
Douglas Capra 1 �
-Ftlar��s 183 dG r'°, 1�J 21 20 . 1G 17 «'U 19 '
LIEUTENANT r,OVERNOR
Marjorie 0'Neill Clapproo�j 374G 3�9 503 43A 409 400 931 95� 9:�s9 35G
William B. Gol�jen iJ.3J 14'7 '�Oq 17'� lA3 1�:�5 1;;2 1G`; 172 �.q�
Nicholas A. Paleologos 1527 17q lUq lA5 l�lw� 1i38 1G9 167 1G4 159
-Es1.ar�Y.s 9G2 . 107 1�U �J1 113 98 10�J 12�) �9 g�
ATTOkNEY GEN�kAL
,lames M. Shar�r�on 2772 283 354 32G 279 28£i 2�? 347 321 277
L. Scatt H•3rsht�ar9er 4534 4:30 G04 4'%�3 507 S33 514 �15 S03 �1G1
-Nlanks AG4. 59 G3 �ti G1 GO .�i0 54 q! q3
SECkETAkY OF STATE
Michael Joseph Cannolly 9318 434 5G3 9�J1 992 510 4S7 4�J0 4%G 955
-Blanks 345�• 3'�3 A;;B �`71 A05 371. 409 42G 38� 32G
TkEASUkEFc
William Francis Galvin 1519 174 188 185 121 18q 13ii 1$4 iG£3 17G
George Y.everiar� 157G 1G5 '�:i7 17S 172 180 15G 1�1 18� �GS
Iiick F:raus 4010 351 515 41u A74 A98 50G 99� 93« 377
-Es1.3nks 670� G7 91 7Q t30 73 G1 El� 79 G3 ,
`-- AUDITOR '
A, �aseph DeN��cci 4�17 433 �q7 57.1 445 4'.i3 437 AG5 995 9qJ. ''
-81ar�ks 3553 3'�4 47A �;31 40:; 388 q2�1 451 A19 Z90
R6FkESENTATIVE IN CONr,[�ESS
Edward �. t1.3rk.eY 5338 512 G8G GO1 5G4 GI5 S�JG G31 5�.10 5A5
_.Iilar�Y.s '.�343:i .�AF ;3:l:i :,'kl «85 :$GG 2GS '.�385 27A 23G
CQUNCILLQk
JoSeph A. Lar�gor,e III 1307 14G 171 �
L::3r�ie1 i3. Hurley .�441 � 17,, 130 1G3 110 13'1 A3ti 13�
Antharry U. Fini ,� "41 3U5 274 '��(3 uG'.�. �G4 29'� L�.7Q 24�
-I�+lar�k.s 107` lU4 lAl 120 10� 123 llf� 11£f 130 114
'�9�0• ?GG 4U4 '�73 3'w3 333 371 3G7 3�G 287
BCNATOR 1N r,ENEHAL COUk:L
kok�ert E4. Antor�elli 977 1:�) lUU 1::5 �l9 14G 82 8'�7 108 109
L�_�� kot�ert A. Navern Yii '�417 2G7, 3'�4 2'77 2G4 '.�.58 256 2G;; 2G3 3q1
Virginia E. Mooney 1840 14G 243 2U9 ;lUO 180 219 243 1�J7 197
-Slar�l.s ,'�,53G . 21;� 354 ':,'31 2f39 3�)1 302 319 2�JG 2:3�1
R&FkESENTAiIVE YN GENEkAL COUkT
Stepher� W. Lorar� JJQO 512 708 G10 597 G18 644 667 G17 5A7
-Blanks '�230• 24S 313 �;32 250 2GJ 217 22�) '.�.�i7 ;;34 '
DISTRYCT ATTOitNEX
Joseph F;. Mackey 1793 186 1�J9 :313 1�� 23U lEl7 189 201 190
Thom3s F. Reilly 2928 :�381 3�J0 324 321 :3�)El 3A0 947 33G 291 '
Geor9e W. Sp9rtichir�a 1098 1?.0 lqq 1'«3 lOG 151 f35 107 101 111
••Rlank.s 2001 1GH '�t�t3 18'?. 2'«4 ;�20�:.> 2an 273 22G 189
kEGISTER OF YROBATF;
Thom�s J. L3rY.in 3523 358 4:33 91A 39Q 974 385 A15 3H9 36A �
7aseph L. 6ra�iley 1'�04 1:34 1G1 13;3 1�7 1:i4 103 130 139 133 '
-Plar�ks 3043• 275 A37 29� 930 333 373 371 341 M8�1 ��
C(]UNTY TREASUkF.It � • �
�ames E. Fahey 1902 210 237 ;.'S0 1�13 29'�J 1&2 lEi7 19G 19E3 �
Warren McManus 1243 118 170 1:.'A 110 105 113 144 233 126 '
Kevin J. Yaimer 1077 110 1�'0 114 110 152 lOG 130 121 114
-Blanks 3548• 319 494 J`;4 434 375 9G0 45:r 314 3Q3
CQUNTY COMMISSIONEk
Esxll Schmidt 3088 109 lA8 lA& 102 130 122 120 11GJ 90
E+art�ara �. Au9er Collins 1103 �)2 133 lU�J 1�9 131 116 139 132 1w0
William J. Eck.land G10 A� GA 'JG G? G1 G2 81 G2 %2 '
Francis X. Elaherty 1509 '�1A 19S 1'7;,' 136 lEiO 1'�G 14'7 17A 1G5
Wi 11 i.3m S. McF•3r lan�i 427 3:j ;;:: 50 58 �8 43 50 �� qa
-81ank.s 3033 �G4 4'w�J 'aG7 35;i 321 3�)0 �{79 34Z 286 '�
REPUBT�ICAN . I'
Tat.�ls Pkl Pk'd Fk3 PFt4 Pk� AkG Pk7 �R8 PR9
Vote cour�te '3899 , � ;��;,� ��� q�� qq� A�c� q�d 41A AGG q43
iBNATOk IN CON�kEaS � •
Dar�iel W. D.31y 9;)5 d7 G�A 108 105 113 127 93 121 8�
J�m kappaport 'd:�00 :::�1� 2;33 'rt3;1 :;E�7 297 312 2G0 299 30�
-9lanks 9G9� 4U� 9�1,/ 7�♦ �3� 47� 43✓ G1� 4G� 5;i�
�30VERNOR
Steven D. Aierce 1132 l0A �JG 13? 121 lu5 lAEi 113 1°i2 13G
Willi�m F. Weld 17q3 249 278 3':!1 3;:2 330 333 300 311 30A
-Hlar�ks 'r4� 9i 2� 4� �� . 4✓ 1✓ 1✓ 3✓ 3� ��
I.IEUTENANT �30VF.TtNOk � �li
Ar9eo Paul Cellucci 2114 1�5 '.:O�J 2G7 ;,'A�1 215 241 213 243 22:: '
�' Pc�ter 4. Tock.ildser� 11`7� 110 A7 1J�J 143 1'�7 183 lAl 15C, lqf) ',
-blariks 590� 47. 1'�Ui `,G� 53./ 57J Sf3�/ Gp�i G•>✓ 7:�
ATTQkNEY GENBRAL
Guy A. C•arbone 13E30 131 14Ci 1�� lA0 17G 1�1 143 143 186
Wblar�kg C• �3wyer 17G9 1;;7 1G0 lt3'1 2'�t� 19�) 237 lI3 229 1�17 '
7;,2, G4/ G&J U3,: %%� fi4� �J4 ✓ 9U�/ �J9� �0� �,
SECRETAkY OF SYAT� - I
Faul MeC�rthy '?�G3 �18 :,'34� ;387 :.'77 312 324 2A7 �95 . 2Gg
-Blanks 143G✓ 134,� � �� '
, 14.. 17,,� 1G8r 14'IJ 158� 1G7� 171f 17�5• '
TFIEASUkER �
Joseph U. Malone 3U45 �78 2tiA 3G2 3G0 35E� 378 312 3G7 3AG
-b13r�ks d54� '74� 'J:,'✓lUU-• t�S� 101.� 104✓ 10'.�.✓ 99✓ 97 '
AUIiITOR .
Dou9las J. M�rray ;3448 �OG 22�7 �BO 282 318 323 243 29G 271
-Hlanks 1451r 14G. 14'7,j 1d2� 1G3� lA1J 159f 171✓ 170✓ 172�
R�AkBSENTATIVE IN CONr,hES:;
T��j F:ochar�ski g
-blar�ks
COUNCILLOk "'
Vir�cer�t ,7. M•�n3anello 217G 20� 219 :,';,7 '�GG 26fi 206 u�l 271 2q7
-bl•anks 172�'/ 1JOi liJJ� ��;,�UJ, 17C)V 171✓ 277� 1�)3i 19� ✓
19G. �
SENATOk YN GENEkAL COUkT �
Uou3 Howar�� �:;'.;4 218 ::'4U '::9�i '�80 318 33G 337 315 281
�blanks 137,;;✓ 1�34 13G✓ 4
1G3� 1G,,✓ 141✓ lAG✓ 177�/ 1S1✓ 1G2. I
kEPFiESENTATIVE IN r,EN6kAl, CpurrT � �
Robert N. Cohen • :.'%50 mA� ;,';,� 31'7 31G 343 3a2 2£15 3�;5; •318 I�
Lincolr� P. Cole 1
-Blanks lla�l loii � � �
i:.ai lq.,i 1���/ ���J ���a✓ i��,/ iaa� iz�.
DISTRICT ATTOkNEY
-81ank�
RE�3ISTER OF FkpFtATE
Lor�r�a M. Lamt,ert �,w5 �1S ;;30 2U4 :l7G 307 3:•:� ,o, � � � �
-blar�ks 14'74� 137� 178� 1GJ 1.,�. 1.,7 17t�,• 18A 179
1 4G✓ � ✓ ��>> � � A..' f3«J 264 ,
i
COUNTY TREASUkER '
Walter Fish �;�79 ' 2pg ;l31 �78 ^�g 300 319 23F1 ?,�37, ��� !
-6lanks 1.�'�0� 147•� �.
14.,/ 18A., 17U✓ 15')✓ 1G3� ?7G✓ 185✓ 1�1•
GOUNTY COMMISSIONF:k i
Tad Y.achsr�ski 5
-,r�t xRkR -
�- ------_ ._ __
- --- ------------___---
_-- ____----. .
�27
: ABSENTEE BALLOT BREAKDOi�IN
, STATE PRIMARY ''
SEPTEMBER 18, 1990
APPLICATIONS BALLOTS BALLOTS RETURNED REJECTED AS �
PRECINCT PROCESSED RETURNED UNUSEn T00 LATE DEFECTIVE '
VOTED BY MAIL
(Excluding Certified Physically IIisabled)
.�_� R D R D R D R D R D ,
1 3 11 2 10 1 1
2 4 29 3 20 1 9 1 _ 4
3 14 16 13 12 1 3 1 1
4 6 18 4 10 7 2 1 1
5 11 16 9 12 1 2 1 2 1 '
6' 13 22 10 15 3 g 1 1 , 1 '
� 3 19 - 1 8 2 8 3
$ 4 20 4 14 5 1 1 1
9 7 _g 7 5 3
Total b5 159 53 lU6 $ 44 4 y 4 8
VOTED BY MAIL
(Certified Physically Disabled) '
1 2 2 2 2
2 1 1
3 1 1
4 1 1
5 1 1 1 1
7 1 2 1 2
8 1 1
� �
Total 4 9 [, g 1 ;
VOTED IN PERSON OVER T.HE COUNTER
1 4 15 4 15
2 4 14 4 14
3 8 23 8 23
4 15 22 15 22
5 16 25 16 25
6 16 34 15 32 1 �
' � 7 20 7 20
8 2 14 2 14
9 6 15 6 15
Total 78 182 77 180 1 2
TOTALS 147 350 134 294 9 46 4 10
4 8
, A true copy.
• I � � � Attest: � �� � �
_ � , ;
. __ `�u—��� '
Bernice H. Fallick, Town Clerk
�e��L V
(WARRANT FOR STATE ELECTION - SEE WARRANT FILE
TOWN ELECTION - TUESDAY, NOVEMBER 6, 1990 I
�
In pursuance of the foreboing warrant the legal voters of the '
Town of Lexin�ton met in their respective voting places in said
Town of Lexington on Tuesday, November $, 1990, at 7 a.m. ,�-
The following places were designated as the voting places for � j
the various precincts: Precinct One, Harrington School; Precinct �,
Two, Bowman School; Precinct Three, Jonas Clarke Middle School;
Precinct Four, Lexington Senior High Scllool; Precinct Five, Cary
Memorial Building; Precinct Six, William Diamond Middle School;
Precinct Seven, Joseph Estabrook School; Precinct Eight, Central
Fire Station; Precinct Nine, Maria Hastings School. �
The Election Officers of the various precincts were assigned ,
for duty as follows:
Precinct One
Warden Eileen Fradette
Clerk Grace Campbell '
Inspector Audrey Frazer ,
Inspector Geor�e Kalafatis
Inspector Margaret Blouin
Inspector Robert Blouin
Inspector Viola Pike� �
Precinct Two '
;�
Warden Elizabeth Clarke i
Clerk Donna Alexson � i,
Inspector Owen Lafley `
Inspector Lois Smith �
Inspector Kenneth Smith
Inspector htarie Roberts
Inspector Anna Alexson
Inspector Elizabeth Haines �j
Inspector William Simmons ,
�
Precinct Three
Warden Marjorie Modoona
Clerk Mildred Cronin
Inspector Alice Hopkins
Inspector Lillian Drur,Y• '
Inspector Gwendolyn Cram ,
Inspector Helen Euart
Inspector Philip Pullen ;
',
Precinct Four ;
Warden Gulli Kula '�'
Clerk Richard Crawford
Inspector Ra,ymond Flynn ��, t !
Inspector M. Loretto Tucker '�
Inspector Alfred Mattes i
Inspector Eleanor Mattes
Inspector Ruth Hamlin
I11Sp@Ct.OT� Gladys Sn,yder
----------- -- -----
--- -- _ -- -----
-__- ------- ---
--------- �
��J
(State Electian, November 6 1990 cont )
Precinct Five '
Warden Elizabeth Flynn I�
Clerk Gerald Abegg
Inspector porothy Gauthier
Inspector Josephine Luther
� Inspector Martha Zani
, Inspector Priscilla Winter
P� Inspector Clark Cowen
Precinct Six
� Warden Cornelius Cronin ,
Clerk Dorothy Bogaia ',
Inspector Ann Baum '
Inspector Evelyn Belbin
Inspector Calvin Belbin
Inspector Judith Goldman
Inspector Gail Faulkingham '
Inspector Mary Casey �
Precinct Seven I
Warden A. Estelle Szalajeski
Clerk Nancy Lou Hayes
Inspector Miriam Miller �
Inspector Barbara Davis
Inspector Eileen Carpenter
Inspector Robert Trask
, Inspector Alice Coletta
` Frecinct Ei�ht '
Warden Catherine Jones
Clerk Frank Samuel
Inspector Blanche Johnson
Inspector Stella Laurendeau
Inspector. Olive Samuel
Inspector Elizabeth Sinclair
Inspector Florence Murray
Inspecto .r Carlton Higgins ,
Precinct Nine
Warden John Taylor
Clerk Carole Scalise
Inspector h'illiam Aturphv
Inspector Ellen 0'Connell
Inspector Janet Lowther
Inspector. Anne Ta31or �
Inspector Edith Paster
Inspector Edward Sullivan '
Inspector Judith Schuler
�' The election officers saere sworn to the faithful performance '�
of their duties. �
The polls were declared open in each precinct at 7 a.m. and
remained open until 8 p.m. , at h�hich time, after due notice, they
were declared closed. '
�� � � -
State Election Tuesda November 6 1990 cont. i
The total number of registered voters in each precinct '
elioible to vote as of October 9, 1990, is as follows:
PRECINCT REGISTERED DEMOCRATIC REPUBLICAN UNROLLED '
VOTERS �
1 2013 890 350 773 ! '
2 2246 1085 326 835
3 2186 817 435 934 �
_ 4 2213 903 438 872
5 2335 876 443 1016
6 2118 928 459 731
7 2185 947 397 841
8 2231 869 438 924
9 2118 817 375 926
-------- --------- --------- ------
TOTALS 19645 8132 3661 7852 ,
Recap sheets were delivered to the Board o£ Registrars in the Town
Clerk's Office.
78� of the registered voters votedo
The Town Clerk and the members of the Board of Registrars canvassed
the results as follows: '
r
� '1'oun oL' Le�ingto� �'
ioun Wi�ie tally for: state elections PRINTED ON: 07-Nov-90 �I
hel�� on: 6-nov-90 Vote count report '
Totals PR1 Pk2 PR3 Pk4 PRS Pk6 PR7 PR8 YR�3
Vote count: 15389 1580 1749 171:�. I�IJJ 179? 1716 1698 I714 1G68 �
i
�UESTIOh 1, AROLISH STATE CENSUS '
Yes 125I9 1?54 I434 1374 145G 1441 1421 14�5 137I 1343 !
T�o 179G 203 204 '�17 180 '?12 1G5 180 2�9 2I1
-Rlar�ks 1074 123 lIl 121 119 144 130 93 11J 114
RUESTIQN 2, RESIRICT CONSULTANTS �'
Yes 50G7 G13 491 564 5'0 632 561 508 5%2 G06
No 9591 S9G 1175 lOGO 1148 1Q73 1079 1130 1051 979
-Rlank.s 731 7I 83 88 $� 92 76 60 �ll S3 '
QUES?ION 3, TAXES 8 FEES (CLT?
Yes 5G47 G93 JJ:� u4� G''3 ?�G u01 5%9 GIC� 648
���� 9213 b7� 11:;0 1QG:t iU74 :�93 106) LQ�O 7QJJ 9G3
-Bi.���ks 5�4 G5 GO 62 `.;L: 6ts 4G • 39 69 57
i
CIUESTiON 4, CHANGES
Yes 7789 339 901 �63 318 913 a21 813 8'�� 8G4 I
PJo G22G :;84 708 G)5 734 ?11 7•i4 7'3d• 663 649 '
-Bl:an�.s 1374 1;,7 190 1:,4 143 1!3 151 142 1:,9 1�5
�
ClUESTIOM S,, STATE AIU
Yes � G728 �. ?;,i, G94 7]& ?42 334 :�+0 G7u ?44 7II9 � i
Na ?231 GG�i 907 8::t4 3GG 776 78G SS4 t�05 714 ;
-Flanl:s 1430 1�5 14$ 170 14% lEs? 1:,0 138 IG:, 270 i
� i
�UESI'ION G, BkOAC�CAST T IME �
Yes 6950 71S 804 %7q ?ti0 7�JG 7G5 ?6G 7G9 �73 I
No 5913 578 6�8 G59 G94 G77 G91 G71 641 G14 ,
-Rlanks 252G ?84 2:;7 �79 2s1 32A 2�0 ?G1 304 �76
QUESiION 7, COUNiY TkANSFEk
Yes 70G� 715 7�15 812 794 832 $24 809 7:,7 729
tJo 4304 458 479 486 470 514 4G2 4G4 977 494
-Klar�ks 4023 407 4%5 414 491 451 930 430 480 44�
QUESTIOt� 8� SENATOR INSTkUCTIOpNS
Yes OJJO 88G 938 950 9G8 999 1004 945 92� 936 i
No 2581 238 323 327 281 317 '?G9 275 282 2G9
-Rlanks 4258 45G 488 435 50G 4ts1 443 478 508 463
_----- ------ ---- - - —-- -_---- ---- -------- --- ,.__--- -- --------- .
�----
�a � �
i
iown of Lexinyton
liown Wi•je tally for: state elections PRINTED �N: 07-Nov-90
hel�i on: 6-nov-90 Vote count report
Iotals PR1 PR2 PR3 FR4 PRS. PR6 PR7 PR8 PR9
--_�--=---- -_ �
SENATOk Ih CONGRESS
.Iohr� F. Y.erry 9G16 940 1209 1052 1110 1043 1072 1112 1099 10�9
Jim Rappaport 5300 �80 492 G15 5i34 682 G00 545 G�0 5$� �
Pr. 7os. Star�tor� 3 3 � - �
� Ar�drea Moreil 1 , 1 �
-Rlar�ks 4G9 57 48 45 60 72 49 41 45 �7
rOVEkNUk & LT. r,OV. -
' Silber 8 Clapprood 5778 6�0 737 594 G29 71G G37 573 63:; G40
Weld & Cell��cci 8920 895 937 1442 1040 1004 1022 1048 983 949
Umir,a & I�eYerry 331 29 37 40 24 41 28 30 GO 42
:��,rvthy Ste•�ens 14 3 1 1 4 1 4
johr� hrer�ner 1 1
I���Y..3Y.is 8 Clapprood j 1
Bellotti 1 1
Elean. �i��rpn;: 1 1 •
t:er,j�� Nshir�,i.��i 1 1
Norre of t iie AGove � � ? 1
E. N��rphy 8 C1-�pproo�j Z 1
C 1.3pprood 1 1 '
Uorothy Stevens
Willian� Wel�� Z g
I�ennis Shed�i i g
r�ota 1
1
itinr�ie Mouse 1 1
Yeter D. Enrich 1 y '
Y.a��l Tsong.ss � .,
Tom Gallagher 1 1
iiarY, Enran.3tion 8 Margaret P��cci 1 1
-Biar�ks 3�4 33- 35 3;, 49 3G 2G 4� 3G 32
ATZOkNEY r,ENERAL
L. Scott Harst�t�arger 10307 2023 1284 114G 1196 1I39 1144 118� 1117 1071
William C. Sawyer 43G3 4G$ 379 4�)? 467 570 50G 442 521 523
Mar90 Storsteen 1 1
-Rlanks 718 84 8G 6H 91 88 66 74 $G 74
SECRETARY OF STATE
Nich3el J. Conr�olly 5831 614 780 G35 666 655 G13 657 630 581
P3��1� hicCarthy 4793 506 410 542 .�'i02 600 584 511 554 584
, fsart�ara Ahearn 3058 �81 357 345 3G2 342 338 348 3.�i1 33.4
jeffrey gower 1 1 •
' Pavi� Fer9uson � 1 1
'r, ,'�,- 1704 l7g ?p? 194 2'?4 200 180 182 179 1G9
TREASUkEk __ _
Williaw F. 6alvin 4I81 44I 528 479 464 475 422 45I 457 4G4
Joseph D. lialone �472 97G 989 lOSl 1078 1121 1109 1063 1058 I0�7
C. L�avi�j Nash 323 79 105 98 86 104 83 8b 90 92
john barnhiil 1 1 '
itichael Schroder 1 1
Richar�9 Kraus 5 1 4
Peter D. Enrich 1 I
Nei2 Callender 1 1
-62anY,s 904 84 229 $4 124 13 101 98 109 g�
AUDITOR
A. Josepl DeNvcci ?822 843 5G5 900 SGO S71 83t7 878 $45 8?0
Uo��91as 1. iiurray 4G10 4�5 4:,�.��. J1J 531 5�3 5G4 463 544 547
Stever, F:. Sherman 3082 90 2�p cicl l::u I50 9$ lIu 13S 128
MOTA : 2 1 1
02iver North I 1
-Klanks 1882 280 2�� 198 237 �13 224 <:41 I94 I73 '
kEYkESEu?ATIVE IM CONr,HESS
E�juar•i J. r13i'Y-.Py� 9830 990 I176 1114 2II? 1137 1085 I075 1083 •I•0�8
Te�i F:ochansl:i 1 1
Wm. J_ Ar.3vto I I
E1. i:at�eth So3res 1 1
None of the above I g '
Fidel Castro 1 1
Walter fish 1 1
�1 H313 . i 1 �.
� ! Lione2 Fr3y 1 1 I
-R1ar�Y.s JJJ1 588 ;i71 :i9G G42 GGO G31 G23 G32 G09
COUNCILLOR, G7H UISrflICT
Uaniel G_ Hvrley 4492 473 5%q 525 493 479 4G0 500 503 485
Vincer�t J. Manganello 5028 538 4:,7 S`,6 600 G':'4 60�) 500 5GG 57R
Robert W. Collins 18£39 I89 Z:il 2�4 171 255 1�6 203 220 230
nota 2 1 1
-Rlanks 3978 379 497 407 4�10 439 471 495 9�5 37S
�.3�
� Toun oY' Le�ington
ioun Wi�je tally for: state elections PRINTED ON: 07-Nov-90
held on: b-nov-90 41ote covn� report
Totals PR1 Pk2 PR3 F'R4 PRS. PR6 PR9 PR8 PR9
SEkATOR IN GENERAL COUkT
; Rot�ert A. Haverr�,III G056 641 7G7 6G8 718 650 671 699 F)S7 JSJ
; Do��9 HoWarrJ 57�8 599 557 G35 G18 726 GG8 G08 G55 GG2
� Helen T. Metros 1278 133' 147 175 119 I48 116 115 I51 174
` r�ota 2 1 1 '
4 -Blar�ks 232� 20G 278 234 299 273 26Y 27G 251 �47 !
kEPRESENYATYVE IN r,ENERAL COURi
Stepher� W. Doran 8G21 8�8 1080 895 991 935 9$8 1081 96� 8G1 �r !
� Robert h. Coher� 5838 G44 541 718 G47 753 G38 542 G55 701
nota 1 1 � 'i
-B1anY,s 929 108 128 �)9 11G 110 90 ?5 97 lOG I
GISTkICT ATTOkAlEY
Thomas F. keiliy 8�59 836 9:.'0 97G 913 9II6 878 S?G 915 899
nota 2 1 1
-B13nks 7128 743 7G9 i3G 841 8I1 838 822 799 769
kE�ISTEk OF YROBATE
L�onna ri. Lambert 64w54 G49 G2G 741 754 78I 788 6u4 ?:i3 733
Tt�omas J. Lar�.in J'tJJ 5)2 GG9 G22 572 GU8 5G0 G14 621 597
not3 3 1 1
-Rlank.s 3478 343 454 3n9 4'�8 408 368 4:.'0 3�0 33f3
��OUNTY TkEASUkEk
J�3mes E. F.3hey, �r, 5487 5£tG G90 G42 591 627 550 5�J9 598 G0�
Walter Fish G005 G07 5G9 G82 6'12 748 T�2 G27 G9$ G80
nota 2 2 1
-L'•lanks 3895 38G 4�J0 3t38 4�11 4�'d 444 477 418 379
:OUNTY COM�fISSIONER
Francis X. Flaherty 7392 347 916 917 8:r9 95$ 608 833 £i87 SG7
Rich3r�i F:ra��s y y
noic� 2 fl Y
Wi 11 iam Eckl in�i 1 g
-Rlank.s 7993 ?3? 332 794 $95 $39 908 8G5 B�'7 80I
� i
I
Pages 431 and 432 were destroyed by the copy machine.
i
�
�� I
.J
_ � ____ _________________ _______ ___ :
N
M M
N �'
�
� � �
� M �
O � �
Q4 � •.--�
� a� �
'-� � °
� � �
O � �
� � �
� � �
� p� �
� " '�
O �
�, O
�
�: �y�':)
ABSENTEE BALLOT BREAKDOT�TN
STATE ELECTION
NOVEMBER 6, 1990
APPLICATIONS BALLOTS BALLOTS RETURNED REJECTED AS '
PRECINCT PROCESSED RETURNED UNUSE� T00 LATE DEFECTIVE
VOTED BY :"IATL
(Excluding Permanently Physicaily Disabled)
1 - 82 57 24 1 11
2 70 49 14 7
3 87 67 13 7 3
4 85 7Q 7 8 !�
5 70 53 14 3 3
6 95 77 12 6 1
7 73 53 14 6 2
8 74 61 9 4 2
9 44 34 5 5 1 .
Total 680 521 11Z 47 27
VOTBD BY I�AIL
(Certified Permanently Physically Disabled)
1 2 2
2 1 1
3 5 5
4 � 1 1 �
5 4 �
6
7 2 2
8 Z Z
9 Z 2
✓ Total 19 19
VOTED IN PERSON OVER THE CQUNTER -
1 34 34
, 2 39 39
3 39 39 �
4 57 57 �
5 44 44
6 5� 50
7 47 47
8 44 4!�
9 48 4g
Total 402 402
NON-REGISTERED VOTERS - VOTFD BY MAIL
3 1 1
4 1 1
, Total 2 2
Grand Total 1,103 944 112 47 27
ADDEh'D�M TO 10TE COI,'NT - !�OV�MBI:�� b , ; 9Jp, ELEC'fION
��3 4
At a meeting of the Boarcl of Registrars held in t.he '�o�.�n Clerk's Office, November
' 16, 1990, at 5 p, m. , for the purpose af count � nq :,11 overseas haliots received i
in the ToNn Clerk' s OfficE b�� thac date �nd t� me , r.he Pollowing vote eount, was �
tallied;
I '
� .__.
� � �
( . . � I
ao � 3 , s Pk3 AR�4 i
° ' � ,
Vot• count,e �
?UEST �ON l � A80LYSN SIA'lE CENSUS � � ' I
Yes I
No �
" 1 � _ I
- � ,
�UESTIOM 2� RESIRICI CONSULTa+�IST — ---.. _ .- __._....._._ �_�
Yvs '
o /
• , � -1
/ I
'U�ST 10N 3, SAXES i FEES t C L" ! � ����� �—� -�"" —
Yet,
�
�h .i f / �
. � ' ' ,
UEST 1�N � � CNAN���S — ._ _ _ ... .........._ �
Y e s _ _. �
� . � --�- -� � i
� � I
J f;S T 1 Q N S , S T A T� A 1 I,—�.__ _..____-- ,
_____.-----
___.. . ._ i
Y��, ' . �---.._...._... _....__,-- ,
-p-U �
�
i , � �
, , �
� � i
J F�5� � ...�_.. I
�.�.N_..G� �"k 6 A r��s 7-..��- _.. .__ ..__ ;
Y P S ...._..__.
02- , ��
j �
I E S I I 0 N 7� C 0 U N ����,��---------- —�- �.__ �
Ye� _..._.._ ,_____ .. .._._.._..___.. �
w / � , , �.a . . � I
�
. . Q..� ' ...A_ 'I
�S T I 0 N 8�S�N A T 0 R—f N�T�"C�;��I-C�`5-- —_--�----- �
Y e s ______ ----_�..�...
o / I �.._----..
� , •-
02 I
...______._._. . _..._ �..___._________
� ;
I ,
� i
,� , I
. ---�
, � '
; 1
;
� i
�
-----=-- -------- -_ __ _
_------------- �_---
; 435
Totals PR3 PR4
SENaTOk 'IN CONr,RESS '
. Johr� F. Kerry � � �
ia� app3poc
1
-Filar��.s / i
I
r,qvEkNUk i LT. r,p� . ��
Silt�er i Clapprood � r �
e � e ��cc �
.-- '' r y
� ' • ' ' �
. � - a r� ,s
� � �
AITOkNEY GENEkAL
L. Scott H•3rsht�.3rger
• m • �auyer �' � � '
-F+1ar�ks l '
I
A STArE
Michael J. Cor�r�olly
'3'� � � r y ��� I I
. .
_�i� ,..i. . '
� �
TREASUkEk -
Wi21i�a F. Galvin
osep . a one
,-
. v � 1
, �,
-E�lar�ks � _ . oZ , i
AUGIIOR � I
A• JosFph AeN��cci
. �� y
. � , . , f �
-F�l a n Y.s '
02� / '
. � N.,
, F�yw•3r,i J. fl.�rkFy r '
_ . . . _ , � 3 02 �
�-�i��.� s
COUNC FLl,OR, GTH G ISTk IC T
[�•3nie1 l;, H��rley
ncer� . 3nganello � '
• 0 3ns
-81anY,s � ,
� �
�
Iot, al � ?R3 PR�1
�.��
o ..
SENATOR IN GENERAL COUkI
� ( Rote�t A. Haverr� , I I I / (
� 7� ..vw•a� �� --
•
-81�r�ks � �
`
kBARESENTATIVE IN �ENERAL COUki
� Stepher� W. I►or an • � � 1
• � i
i
•i r� g �
1 � ',
� � �
Thom.3s F. keilly � � ,
J
-Nl�r�r.s
� � �
FtE� ISTEk UF FkObATE
; [�onn.a M. L�3mt�er 4,
on� �i . ��r • in
� `
-E�1��r��.s
� � �
�, ,
J•ames E. P•3hey, �� , � - � �
�[<1.3nks � � j
:OUNTY COMMISSIONER
Francis X. Fla�ert,y � �
. .. ,
•
q �
-�+lanks � J �f
, ;
A true copy. p �
Attest: '
Bernice H Fallick, Town Clerk i
i
.
�
�
�
�
_ �
I
I
�
I
;
� '
-------- --- - --- --- _._.
----..____-------------_---- ----- -__--- -
-- ------ �--
���
1990 SPECIAL TOWN MEETING`
NOVEMBER 28, 1990
The meeting was called to order by Moderator Marger,y M. Battin, at '
8:00 p.m. , in Cary Memorial Hall.
A quorum was present. '
8:00 p.m. The invocation was offered by Rabbi Bernard Eisenman,
Temple Emunah.
1 A moment of silence was observed in memory of Lloyd Gilson, lon�time
Town Meeting member and Chairman of the Appropriatian Committee.
Town Clerk, Bernice Fallick, read the Town Warrant until waived and '
ttie Constable's Return.
8:08 p.m. Jennie Oberholtzer spoke of the Mothers Against Drunk
Drivers project.
The htodPrator presented procedures for the operation of Town
Meeting.
ARTICLE 1. REPORTS
8: 15 p.m. Jane Pagett, Chairman of th� Appropriation Committee,
moved that the reports of the committee on ,Arta.cle 2, Pine Mea.daws
Development and Article 3, Schools, be a.ccepted and placed on fil:e.
Followin� a voice vote at 8:15 p,m. , the Moderator declared the
reports to have been accepted and placed file,
� 8: 16 p.m. Iiaren Dooks, Chairman of the Capi.tal Expenditures
Committee, moved that the report of the committee on Pine MPaclows
Development be accepted and placed on file. '
Following a voice vote at 8: 1.6 p.m, , the `ioderator declarec� the
report to have been accepted and plac:ed file,
$: 16 p.m. Martha hood, Chairman of the P.1.annin; Board, moved that
the report of the committee on Subsidized and .Affordable Housing be
accepted and placed on file.
Following a voice vote at 8: 16 p.m. , the Moderator declared the '
report to have been accepted and placed file.
8: 16 p,m, Alan Fields, Chairman of the Trustees of the Pxrblic
Trust, spoke in support of the Lexington Education Foundation.
ARTICLE 2. PINE MEADOWS DEVELOPMENT ^
MOTION: (a) That the Selectmen be and they hereb5� are
authorized to acquire l�,y eminEnt domain or other�aise the
land described in Appendi.a A, at.tached hereto ( the
(entire "Si.te" ) for affordable housin� ��urpases, and to conve,y
motion t}le Si.te Lo T}�e Community F3i�a lders or its nominee for
, one dollar and on such other Lerms as the Selectmen
- did not sliall dei;ermine;
pass) �b) 'I'hat the Selectmen . be and they hereb� are '
authorized to convey to The Community $uilders or its
nominee such temporflry and permanent easements for the '
construction of drainage facilities or such other
facilities as may he needed to carry out the clevelopment
on part of the land in the Me�gl�ervillP school site, so
called;
�_3�
(SPECIAL TOWN MEETING, CONT. - NOVEMBER 28,1990)
(c) That the Zoning By-Law of the Town of Lexington be
amended by changin� the zoning district designation of
the site, consisting of approximately 22 acres, more or
less, between Garfield Street and Cedar Street from �S
One Family Dwel.ling to RD Pl.anned Residential. �
Development said Site being more fully described on a i
pl.an of the land entitled °'Plan of Land in Lexington, MA '
for Proposed RD Rezonin;" , dated Octaber 22, 1990 by the '
BSC Group, Bedford, MA and by a wri.tten metes and bounds I
description, coF�ies of which are on file with the Town '�:
Clerk. �
The land in the [ZD, Planned Residential Development,
district shall be subject to the preliminar,y site
development and use plan filecl October 23, 1990, as
re��ised and resubmitted on I�ovember 21 , 1990, which has
been filed with the Plannin� Board and the Town Clerk,
anc3 in accordance wi.th the provisions af the Zoning Bg-
Law of the Town of Lexington.
' 8: 19 p.m. Presented by Selectman Paul Marshall. who spoke on history
of the project.
8:26 p.m. Gary Larson, Larson Associates, and Steve Tice, Communi.tz
Builders, presented slides and information on the phvsical aspect of �
the project, and Lisa Alber�hini presented fin�.nr,ial data,
� 8:41 p.m. Selectman Marshall sta.ted that there would be no sa.le of
land, that state and federal money was seciare, and that a Communit� ,
Builders buyout guara.nteed no e�:posure far the Towno
8:43 p.m. Martha.Wood� PIEiTIT]1T1� Board, moved that the repari; �f i:he - '�
r.ommi.ttee on Pine Meadok>s Developm�nt;, he ac;ee�tecl and pla�ed on � i
fi].e.
Following a voice vote at 8:43 p.m. , the Moderator declared the
report to have been accepted and placed fi1e.
Mrs, Wood commented in favor for the Planninti Board.
�
$: 51 p.m. Jo,yce Miller, Chairman of the Conserva.tion CommisNion, j
explainecl the role of the Commission, and stated that a majori.i;y of ',
the Commission believed there w�ould be impact upon the wetlands.
8:55 p.m. William Spencer, Chairman of the Lexington Housing '
Aut;hority, stated a 4-0 support of tlie propos�].. ,
8: 57 p.m. Jane Pagett, Chairman of the A��propriation Committee,
stated that members believed there k�ould be long term financial risk
and that they �aere unal�le to r7S5P.SS t:l]P. �T1TlUc11 COS� burden and '
financial risk, and were in opposition to the proposal.
8: 59 p.m. Karen Dooks, Chairman of tl�e Capita]. Expeilditures
L'ommittee, stated that as there was no capital expendittzre involtred, �
the Commit;i;ee would not take a stznd.
9:00 p.m. Discussion pro and con the proposal followed ���ith �
;
comments from Town bieeting Diembers, ci.tizens, �rarious Town �
Committees. �
9:35 p.m. Leona bt�,rtin, asked that when the vote was taken it be I
via � Roll Call . Fol.lowin; a. standing ta1l.�� at 9; 41 p.m. , in whieh
a sufficient number of inembers stood to support Roll Call, the ,
Moderator stated that there would l�e a Ro1J. Call,
Lengthy discussion continuede
11:02 p.m. Andrew Friedlich, Pr. 5, moved the question. Following �I
a voice vote, the Moderator declared the a,yes to have the vote.
;
_--- ___-------------
_ —__ _ __._
------- —--------- __
439
(SPECIAL TOWN MEETING, CONT - NOVEMBER �8,1990)
11:02 p.m. Selectman Marshall spoke in favor of the proposal. '
The following is a tally of the Ro11 Ga11:
�'ES NO ABSTAIN ABSENT
PRECINCT 1
Joel A. Adler X
Nancy M. Adler X
James F'. Barry X
� Daniel P. $usa, Jr. x
James A. Cataldo Y
Chaur-ming Chou X
Rona G. Cohen �
Jean W. Cole X
George E. Cooper X
John E. CurrST X '
Nancy C. Gordon x
Frederick H. Hagedorn X
Ruth Joyce Nablo X
Sam V. Nablo X
' James A. Nicoloro g
Ronald Christopher Russo X.
Barry E. Sampson X
Ruth J. Walton X
James S. Wilson g
Albert P. Zabin X
Judith L. Zabin X
PRECINCT 2
Richard D. Briggs, Jr. X
Beatrice E. Busa };
Eric T. Clarke X
Karen A. Dooks X _
Leonora K. Feeney X
Ellsworth H. Fisher X
Marita B. Hartshorn Y
' John R. Holt X
Myla Kabat-Zinn X
Daniel A. Lucas . X
Kristin S. 0'Sulli��an X
Michael J. 0'Sullivan X
Arthur C. Smith X
Christina J. Welch X
Edna M. Welch X
William W. Welch, Jr. X
William S. Widnall X
Lynda A. Wik X
Alan B. Wilson ;{
Carolyn C. h'ilson k
Donald D, Wilson k
PRECINCT 3
Joy C. Buchfirer X
John P. Carroll X
Robert N. Cohen Y
Bruce Collier X
Don J. J. Cordell l
�, Jacqueline B. Davison X '
Dan H. Fenn, Jr. k
Erna S. Greene X i
Carol J. Grodzins X '
Gloria V. Holland k
Donna M. Hooper X
Christopher A, henney 7{
Marilyn K. Mairson k
Mary Edna Neumeier X
Richard L. Neumeier X
Marian C. Reilly X
Paul V. Riffin X
!�_L'i�
(SPECIAL TOWN MEETING, CONT. - NOVEMBER 28,1990)
Yes No Abstain Absent
Vicky L. Schwartz X
Francis W. K. Smith X
Ruth F. Souza X
Robert C. Whyte X
PRECINCT 4
Gerald L. Abegg X '
Nyles Nathan Barnert X ' ,
Julian J. Bussgang X
Nancy bi. Cannalonga �
Nicholas A. Cannalonga X ;
Lois J. Coit X
L. Gail Colwell X
Ronald W. Colwell X
Peter Da�id Enrich X
Katherine G. Fricker X
Elizabeth C. Haines X
Carol B. Hartman X
Peter C. J. Kelley X
Patricia W. McLaughlin X ,
' Margaret F. Rawls X
Nicholas Santosuosso X : '',
Sandra J. Shaw X
Kar.sten Sorensen �
Ruth S. Thomas �
Judith Jo Uhrig X
Martin K. White '�
PRECINCT 5
Cynthia L. Blumsack �
Howard Cravis X i
Wallace Cupp � 'i
Marjorie M. Daggett X ;
Guy W. Doran X ; !
Elaine Dratch X _
Andre�a J. Friedlich X
Paul E. Hamburger �
John Hayward k
Judith C. Leader x ,
Leona W. Martin Y ',
Eric Jay Michelson X
Paul Newman X !
Samuel L. Powers X I
Sam Silverman � I
Melinda D. Vinton X '
Jolley Anne Weinstock X
Ephraim Weiss X
David G. Williams X
Mary Kathryn Wolf X
JoAnn B. Wortman �
PRECINCT 6 I
Margaret N. Brooke �
Marshall J. Derby X '
Peter Diamond �
Robert H. Domnitz X ,
Catherine S. England X � i�
Michael W. Gola�- X
Edmund C. Grant X �
Daniel J< Greenwood X I
Morton G. Kahan X
Alan J. Lazarus X
Judith B. Marshall X
Joyce A. Miller X
H. Bigelow bioore X
John A. Oberteuffer X
Ecl i th Sandy X ,
Frank Sandy X !,
Sara F. Schoman X '
-------------------------
---- -- _ _--- -- ----- ____
----— __—_
���
�SPECIAL TOWN MEETING, CONT. - NOVEMBER 28 1990 I
Yes No Abstain Absent '
William T. Spencer X
Marcia M. Stille �
Jacquelin D. Weinstock X '
Robert V. Whitman X �
PRECINCT 7
Catherine M. D. Abbott X
Esther S. Arlan g
; Marsha E. Baker X
� George A. Burnell X
Theodore D. Chaung g ',
Renee T. Cochin X
William E. Fallon �
Robert M. Farias X
Stan N. Finkelstein X ,
Winifred L. L. Friedman g '
Audrey J. Friend �
Linda Horowitz X
Jennie S. Oberholtzer X
John E. Taylor �
' Jacquelyn H. Ward X
Jeanette P. Webb X
Iris G. Wheaton X
Richard B. Wolk g
James C. Wood, Jr. X
Martha C. Wood X
Polly H, Woodworth � .
PRECINCT 8
Donald L. Bailey �
Richard H. Battin X
Roger F. Borghesani X
Florenee E. Connor �
Maria Constantinides X
-- Diana T. Garcia X
Ione D. Garing �
Gerald �. Heggie g
Charles Hornig Y
Jay R. Kaufman X
Kathleen Vogt Kissel X
Alan Mayer Levine X
Sl�aron MacDonald X
James M. McLaughlin X
Richard A. Michelson X
Gordon R. Osgood X
Jack Sarmanian X
Margaret Schwartz X
Sheldon A. Spector �
Dennis Sullivan k
Carolyn H. Tiffany X
PRECINCT 9
Alice J. Adler �
Kenneth 0. Alves X
Diane C, Aronson X
Jane P. Buckley � '
Richard L. Canale X
i Margaret E. Coppe X
Deborah B. Green X
-�" James A. Hester, Jr. X ',
Frank J. Kava X
Louis �T. T. Kava �
William L. Keeney Y
Janice A. Kennedy X '
Eleanor H. Klauminzer X '
Louis F. LeBlanc X
Paul E. Mazerall X
Isabel H. Mroczkowski X
Janet Perry X
���
(SPECIAL TOWN MEETING, CONT - NOVEMBER 28,1990) �
Yes No Abstain Absent
Richard M. Perry ;�
Simon Prensky X
Fred D. Rosenberg X
Richard Schaye X
AT LARGE j
Margery hf. Battin � j
Norroan P. Cohen �
William J. Dailey, Jre X �
Stephen W. Doran g ,,
John C. Eddison X '
Bernice H. Fallick � ,
Paul W. hiarshall X
Leo P. McSweeney X
Jacquelyn R. Smith X
Jane Pagett X
TOTAL TALLY OF ROLL CALL
PRECINCT YES NO ABSTAIN ABSENT TUTAL '
1 12 6 0 3 21 �
2 13 8 0 0 21 '
3 12 9 0 0 ?1
4 7 12 0 2 21
5 8 12 0 1 ?1
6 13 8 0 0 21 ,
7 8 12 0 1 21
8 2 18 0 1 21 �
9 10 11 0 0 21 � i
AT LARGE 5 1 3 1 10
TOTALS 90 97 3 g �lgg I�
11:25 p.m, The Moderator declared the motion not to have passed.
11:25 p.m. Iris Wheaton, Pr.7, moved to adjourn to Wednesday, '
December 5, at 8 p.m. I�
Following a voice vote which was doubted, the Moderator called for I
a standing vote which was tallied as fo].lows: '
i
Precinct Yes No Abstain '
1 10 5 I
2 14 4
3 10 5
� 5 11
5 10 7 '
6 13 4
'1 11 6 ;
8 19 3 '
9 14 3
At large 4 21
� ;
Totals 105 69 � i
11:28 p.m. The Moderator declared the meetin; to be adjourned
;
until Wednesda,y, December 5, 1990, at 8 p,m. , in Cary Hall. �
A true copy. ',
Attest: .�J � '
% , � --��
Bernice H. Fallick '
Town Clerk ��
-- l __------
--_..__ --------—..__--
���
ADJOURNEQ SESSION - 1990 SPECIAL TOWN MEETING
DECEMBER 5, 1990
The meeting was called ta order by Moderator Margery M. Battin, at
8:02 p.m. , in Cary Memorial Hall . A quorum was present. The
invocation was offered by Town Meeting Member Wiliiam Welch, Pr. 2. ;
---------------------__---------------
ARTICLE 1 . REPORTS
8:05 p,m. John Eddison, Board of Salectmen, announced the
availability of the two volume Design Guidelines far Cammercial
Districts.
`— ------------------------------�-- - -
ARTICLE 3. PRIOR YEAR'S UNPAID BILLS, SCHOQL DEPARTMENT
MOTION: The Town provide for Public School �ducation, $292,784.�,Q
To which the sum of $292,784. 50 be appropriated to pay unpaid schaol
department bills rendered to the Town fior prior years, and to raise ',
such amount, $292,784. 50 be transferred from the Unreserved Fund
Balance.
8:09 p.m. Presented by Polly Woodworth, School Committee.
Mrs. Woodworth elaborated for the Schaol Committee and the
Superintendent of Schools.
8: 16 p.m. Jane Pagett, Appropriation Committee, recommended
favorabls action as the only practical salutian available, The
Committee requested that the School Committee report on the status
of the current year budget as of February 28, 1991 , said repa��t to
be delivered at the March Town Meeting prior to �.he presentatian of
the Schoal Committee's FY92 budget, '
Questions, explanations, clari�ication were offiered by Town Meeting
� members, Schaol Cammittee members, Town Counsel .
Following a voice vote at 8:40 p.m. , the Moderator declared
unanimous passage.
ARTICL� 4. ACCEPTANCE OF GIFT
MOTION: That the Town accept the Anne E. Borghesani Memorial
Fund established by the Lexington Nigh �chaol Class of
1985 and others, and that it be administered by the
Trustees of Public Trusts.
8:40 p.m. Present�d by Kristin 0'Sullivan, Pr. 2. '
Miss 0'Sullivan spoke of the spirit of Anne Borghesani and the way
in which the fund would honor and rememb�r her. Roger Barghesani ,
Pr. �, Anne's father, thanked and praised her classmates for �heir
exemplary behavior,
Fallowing a voice vote at 8: 49 p.m. , the Mpderator declared
unanimous passage.
--------------------_---_____---------
8;49 p.m. - Jacquelyn Smith, Chairman af the Board of Se1ec�men,
� moved that the Special Town Meeting be dissolved.
F
Following a voice vote at 8: 49 p.m. , the Moderator declared the
meeting dissolved. '
A true copy.
Attest: , �
.��cy� � ~/�
✓�:, �-;����
Bernice H. Fallick '
Town Clerk
�����
{WARftANT FOK TOWN ELECTION - SEE WAItRANT FIT,E
TOWN ELECTION - MONDA�', DtARCH 4, 1991
In pursuance of the foregoin; warrant t.he 1e�al voters of' t.he
Town of Leain�ton met in t}�ieir resj;ecti��t� ��ot.ino pl.aces in said
Town of Lexington on `ionda��, '�larch �4 , ..1:�91 , at i a.m. I
i
The following places were desigr�ated as the �-oting places for �'
t}'ie various precincts: Preci.nct One, F{ar�rin�;ton School; Precinct i�
Two, Bowman School; Precinct Three, ,Tona�; C;larke Tlicldl.e Schc�ol ; � '
Precinet Eot�r, Le�in;ton Senior• Hi;h Scl�:,ol ; Pr�ecii-ict Five, c;�r�t- �
;�lemorial Bu.ilding; Precinct Si.�, �ti'i 11 iam Di.amancl Midc.il� Scl-�o�l ;
Precinct Seven, Joseph Estal��i�o�k Sc.:hool ; Precinct; Ei;ht, Ceni;ral '
Fire Station; Precir,ct 1�ine, ?�iaria Hast;ings S�,hool .
The Election Officers of Y,he vzrio>>s precincts were �ssi;ned
for duty as follows:
Precinct One
Warden Eileen Fradette '
Clerk Grace Campbell.
Inspector Audrey Frazer
Inspector Geor�e Kalafatis
Inspector Viola Pike
Inspector Vir�inia �varn.er
Inspector Robert Trask
Precinct Two
h'arden Gerald Abe�; j
Clerk Donna A].e�son �
I nspector Ower� Laf ley II
Inspector Anna �le;cson ,
Inspector Robert Blotiin
Inspector �tar�aret Bloui.n
Inspector F�'illiam Simmons .
'�
Precinct; Three �
1
karden Atarjorie blodoono
Clerk Mildred Cronin �
Inspector Alice Hopkins
Inspector Li llian Drttry j
Inspector GwendolS-n Cram '
Inspector Seymour biandel
Inspector Philip Pullen
Precinct Four I
w�arden Gu 11 i hu la '
Clerk Richarcl CracYford
Inspect.or Rai�mond Fl��nn ',
Inspector Alfred MatL-es - i
Inspector Eleanor Aiattes
Itlspector Rutll Hamli��
Inspector Glad��s Snti-drr I
Inspector Diarlis Scl�ratter �
I
�
� _____------------ ----- _.
------------ -----_--- —�— -
- ------------
���
I
i
(Town .Election, March 4 , 7.991 , cont. )
Precinct Five
Warden Elizabeth Flynn '
Clerk Winifred Ivester '
Inspector porothy Gauthier
Inspector Josephine Lutller
Inspector Martha Zani
Inspector Loretto Tucker
Inspector Muriel TaS�lor
Precinct Six
Warden Cornelius Cronin
Clerk Dorothy Booaia ,
� Inspector Evelyn Belbin . ',
Inspector Calvin Belbin
Inspector Gail Faulkingham
Inspector Aiary Casey
Inspector William Faulkingham
Precinct Seven ;
Warden A. Estelle Szala.jeski
Clerk Nancy Lou Ha,yes
Inspector Miriam hliller �
Inspector Barbara Davis
Inspector Eileen Carpenter
Inspector Alice Coletta
Inspector Nancy Ryder
I Precinct Ei�ht !
Warden Catherine Jones
�
Clerk Frank Samuel
Inspector Blanche Johnson
Inspector Stella Laur.endea�.i
Inspector Olii�e Samuel •
Inspector Florence Aiurr.�y
Inspector Carol Snell
Precinct Nine
k'arden John Taylor
Clerk Carole Scalise
, Inspector William Alurphy
Inspector Janet Lowther
Inspector Anne Taylor
Inspector Edith Paster
Inspector Judith Schuler
The election officers were sworn to the fa� thful performance
�, of their duties.
!
�� The polls were declared open in each prf�ci;�ct at 7 a.m, and '
remained open until 8 p.m. , at wYiich ti.mF, after due notice, they°
were declared closed.
A �� .
�Tohn Election, Rtonday. M�i,rch -!, 1991 ,�cant. �
The total number of registered roters in each precinct
eli;ible to vote as of February 12, 1991 , is .�s fo:l.lows:
PRECINCT REGISTERED DE�tOCR.aTIC RF.;(�Ul:ii,IC,\.�' ['n'Ei.ULI:ED
VOTEftS
� 2020 873 3��3 804
2 2246 i069 3`L5 852
3 2188 818 �t31 �a39 '�
4 2232 896 430 906 �
5 2355 8"r i �I�{�i 1034 '
6 2113 913 �i50 750 '
7 2177 925 ;$7 86�
8 . 2238 g62 4:}1 �35
9 2111 ?93 370 9��8
TOTALS 19680 8026 3t:,21 8Q33
Recap sheets c.�ere delivered to the Board of Registrars in the '
Comptroller's Office>
28.6X of the registered voters voted.
The Town Clerk and the members of the [ic�,ird of Rf�,.istrars cflnvassed
the results as follows: •
TOWN OP IEXINGTON
TOWN MIDE TAIIY �OR: LOCAL EIECTIONS PRINTED pPl: 05-MAR-91
MElO ON: 4-MAR-91 VOTE COUNT REPORT � �
I I
TOTA�S PR1 �R2 PR3 DR4 PRS PR6 PR7 PR8 PR9 �
VOTE COUNT: 561� 541 6Z7 532 6GD 699 638 697 694 546
SELECTMAN
MILIIAM J. D4IlEY� JR. 3583 32d i27 363 45Q 419 412 �02 642 3S1
ROdERT La HI�GINS 1002 308 90 91 9u 148 113 120 124 114
-BLANKS 102•9� 105 �1'� 78 96 133 113 175 !28 91
MOOERATOR . i
MARGERY M. 847TIN 3819 350 ' 435 3�9 445 454 i�9 483 478 3T6 I'
MARITN RIGMTER ,
-BLANKS 179� 191 1��� 183 195 a45 189 21< 216 169 �
SCHOOL COMMyTTEE �
POLL� WOOOWORTH 2689 2�2 3Z3 Z63 271 247 333 391 370 249 '
alBERT P. ZAdYM 2815 296 359 . 290 287 2B6 308 36S 343 277 ',
CASIMIR R. GR031EWSKI 2054 164 223 . 168 264 312 260 251 232 190
RUTH M. TOCGY 509 92 52 , 50 36 71 3i 69 63 62
NELINOA p. YINTOAI 2260 173 210 z09 30b 34y 269 256 259 234
-BLANK$ $91` 115 8.7 84 116 140 T2 76 121 80 '
� PI,ANNING 80AR0 5 7EARS
E�MUND C. GRANT 32�5 :15 360 294 362 381 426 401 391 315 li
�BIANKS 23C9 226 'ZC:� 238 279 318 212 296 303 231 I
i
PI,ANNING SOARO 1 YEAR '
GE�RGE E. LOOP£R 1113 179 127 ' 72 112 151 134 105 120 103
JACO UEIINE 6. OAVISOM 3303 224 371 396 387 380 379 S17 399 350
-BLANKS 1198 13B �2g> 6� 141 158 125 175 175 93
I
�EXINGTON MOUSZNG AUTHORITY I �'
WILLIAM �. DUDLEY 504 35 35 44 91 55 51 67 TO i6 ' I
FRANK E. KIRKLANO 894 105 84 64 E7 140 129 100 115 90 �
NICHOIAS SANTOSUOSSO 1T21 180 1F,2 165 240 207 165 1B0 250 1T2 ��
61IlLIAM W. MELCH, JRa 1103 98 19Z 136 115 98 137 12S 93 110 �
-BLANKS j392 123 I.S�+ 123 127 199 156 226 166 128
j
�,
' _ __------- _
% -— —._ . __...__ ----- -----
---- —------------- —
��7
;
PR-1 TOMN !�EETiNG NcnBERS �R-5 TOuN MEETING MEMpERS
JOEI A. AOIER 326 ��NTHId �,, BLUMSACK 353
CH�UR-MING CMOU 231 Kqq�ORIE M. OAGGETT 344
JEAN M. COLE 281 5AM SIIYERMAN 314
FREGERZCK M. HAGcDORN 233 MELINOA 0. YjNTCN 430
SAM Y. NA610 2�� MARY KaTNRYN MOLR 376
RUTM J. MAITON 334 JQANN 8e MORTMAN jj�
JUOITM l. ZAeIN 312 �OSEPH J. OINI 334
JOHN P. BREEN 1T0 �4ROlE 0. SONOUCK 230
RONA�O LEVr ' 28� CNARLES T. YATL Z84
PAUL NE58EOA 1b5 •8LA NKS ,. � 1910
I DAN1El ZIEOE�IS 185
, F1ENRr 0. ZUERNOORFER 1 PR-b TONN IPIEETING MEM9ER5
-8lA NKS 21« W4RSHALL. J. OERBT 305
•• �fTER QIAMONO Z58
EpMUNO C• GRANT 35$
JOYCE Aa MYI,IER 323 '
EOTTM SAN07 �39
FRANK $ANQY 319
PR-2 TONN MEETING 'MEM9ERS SHEl00N a1, $R��TpR 334
JACQUEIIN 0. MEINSTOCK Z9y
EllSWORTM M. PISNER 298 SETN4 G. �1.5�N 235
MARITA 6. MARTSMORN 6Z2 ,J4NE PAGETT 3�g
NICIiAEI J. 0' SULLIVAN 337 �9LANK5 2008
EONA M. MEItH 329
WIIIIAM 5. MIONA�� 195 DR•1 TOWN PIEETING MEMBERS
AL4N p. MILSON 3Z7 NAR$HA E. 3AKER 39�,
�ONA�O 0. MI�SON 320 'GEORGE A. dURNEII. �r,g
ElIt48ETn N. CI.ARKE 98� ,wIllTa+� c, FAL�ON 22g
TH,IDOEUS ►. KOCM�NSKI 210 ROBERT M. FARj4S 3y�
-OLANKS . �p"gC� ,; JENNIE S. a8£RHp�TZER yy4
PR-3 TOwN MEETING MEMBERS J�aNETTE,rp ,�kE88 • 331
JOMN P. CARROLL 1�5 fRiS G. b1hEATON 369
BRUCE COIIIER 217 ' Pp�� r wODOdORTM 3bl
JACQUE�INE 9. OAVISON 360 CI,AR K A. ,COWEN y42
OAN H. FENN� JR. Z7z CASIMJR R, GR06LENSKI 219
ELIZ4BETM C. M�INES 153 FREO N. qA.RTTN �6�
C►+RISTOPMER �. KENNEr 121 �BIANK$ 376
PAUI V. RI'fFjN 21S 28b$
VICKT �. SCHNARTj Zg�
ROBERT C. • MH1fTE �35
SAMUEI 9ERMAN 250 PR-8 TONN MEETIN:G MEMBERS
�i JEaNNE K. KRlEGER 2�6 pONALO l. BA[LEY 373
JONATHAN RAW�E 150 RICMARO H. BATTIN
_ CAlEB 4ARNER z82 385
-BlANKS 6ERA�0 A. HE"vGIE 137
lTG6 • KATHLEEN VOGT KISS"cL 321
PR-4 TOWN MEETING MEMBERS GOROON R. �g�000 286
NiCMOl4$ A. CANNA�pN�4 3�8 CAROIYN N. TiFFANY 620 '
K4TMERINE G. FRICKER 3�q SVSAM a. g�i�pEy 430
CAROL 6. M4RTMAN 368 �N4R ��S M• CULLEN Zgi
9ETER C. J. KEIIEY <00 ST�VEN J. MURlc7 39Z
PATRICIA M. MCI.AuGHLIN 329 'BLANKS 2417
KARSTEN SORENSEN 359 pp-9 TONN MEETING M@MBERS
LISA A. BACI 305
MICNEll6 l. CICCOlO 302 JANE P� eUGK�EY Zg'
MASON IRVING, Ijj ZZQ R�ICH4R0 l.• C4NA�@ 25b
-BlANKS 21 �2 wILLIAM �. KEENEv 179
• PAUI E. MAZERAL� 195
JANET DERRY 280
� 5'7MON aREN$K1' 198
F.REO D. ROSENBERG Z74
KENN ETH A. �p�,�IN4 175
; GEOR GE a, aSrMOJ05 147
, JAMES J, SCANI,pN Zyl
� R09ERT E. SMTTHf JR. 383
�BlANKS 140Z
i
�
b
4,s� YOMW OP LEXYNGyON '
TOMN WIDE TAI�r FOR: LOCAL ELECTIONS PRINTED ONE QS-MAR-91
MELD ON: �-MAR-9� NINNERS REPORT
TOTA�S PRY PR2 PR3 PR6 PR5 PR6 �R� PPt9 PR9
NOTE COUNYe 5616 541 62T 532 640 699 638 697 694 5i6
SELECY MAN
—>WILLIAM 3. 04ilEv� JRs 3583 32� 427 363 650 418 4Y2 402 6i2 341
ROBERT O.e M%G68NS 800Y 198 .90 91 96 148 113 120 124 llti
PIOOERA�OR
—>MARGERT M. BATTIN 3819 350 �35 349 645 454 449 483 �78 376
MARLYN RZCMTER a 1
SCNOOI COMMIYTEE �
->0.18ER7 P. ZABIM 2813 296 359 290 Z87 2B6 308 36S 343 277
�>POLLT WOOOWORTM Z6H9 Z62 323 253 271 267 333 391 370 249 I
MELINOA 0. VINTON 2260 173 210 209 306 342 269 258 259 23�i
CASIMIR R. GROBIEMSKI 2064 164 223 168 264 312 260 251 232 190 '
RUTM M. TOCCI 509 92 52 S0 36 TY 34 45 63 62 '
PIANNING BOARD 5 YEARS
->.EOMUNO Ce GRANT 32�5 ?15 360 294 3b2 381 426 401 391 315
PIANNING BOARD 1 rEAR
->JACQUEIINE B. OAVISON 3303 12� 371 3�6 387 380 379 41T 399 350
GEORGE E. COOPER 1113 Y79 127 72 112 161 234 305 120 103
LEXINGTON HOUSIHG AUTMORITT •
->NICMOIAS S4NYOSUOSSO 17Z1 190 162 165 240 207 145 180 250 2T2
HILIIAM Y. WELCH. ,1R. 1103 98 192 136 115 9E 13T 12S 93 x10
FRANK c. KERKL4N� �94 105 8i 6i E7 140 129 100 115 90
MILLIAM J. DUOLEY 506 35 35 46 91 65 51 67 TO 46
PR-1 T OWN MEETTN6 MEM8ER5 . PR-6 TOMN MEETING MEMBERS
->RUTH ,i. wALTON �36 ->EOMUND Ce GRANY 35$
->JOEL A, ADIER 3 Z 6 ->EDIT►� SANQT 339
->JUDITH �. ZABYN 312 -j�ANE 9AGETT 339
->JEAN Me COLE 28a ->SHELDON A. SPECTOR 334
�>RONALD IEYY a80 -»07CE A. MILLER 323
->FREDERICK H. MAGEOORM 233 -jFRANK SAMDX 31'�
->CHAUR-MING CNOU 23fl �)MARSHA�L Je DERBv 305
->SA19 V. NA810 207 -�JACQUEIIN 0. iIEINSTDGK 297
->DANIEI 2IEOELIS b85 pETER DFAMONO ZSg i
,dOHN �. BREEN 170 SETHA G. OLSON 235
PAUL NeSBEDA 165 ;� !
MENRT 0. ZUERNDORFER 1 j
PR-7 T OMN ME ETING MEMBERS
->JENNTE S. QBERI10lT1ER y44
CR-2 T OWN 11EETING MEMBERS -)POLIY MOODNORTH 442
->MARITA B. MARTSHORN 422 ->M4RSHA E. BAKER 384
->ElTZABETM H. CIARKE 384 -�FREO N. MARTIN 376
->MICMAEI J. O�SULIIVAN 337 -�,1EANETT@ p. wEBB 369
->EDNA M. WELCN 329 ->CASIHIR R. GR08LEMSKI 367 i
->ALAN B. WILSON 32T -?IRIS Ge NMEATOM j61 �
->OONAlO O. WItSOH 320 ->ROBERY M. FARIaS y47 I
->EILS MORTH H. f ISHER 298 ->�OHN E. TA YLOR 331 !
->WIIIIAM S. MIONALL 295 -?GEORGE A. QURNELI zyg I
THAODEUS 9• KOGMANSKY 21O aIILIAW Ee FALIOM z�g �
CIdRK A. CON@N �1� I
PR-3 Y OWN MEETING MEMBERS '
->JACOUELINE B. DAVISOM 360 ,
->VICKY L. SCHWARTZ 294 DR-8 T OWN MEETING MEMBERS
->CALEB MARNER 282 -aSUSAN d. BIIEDEN 430
->OAN H. FENN� JR. 2T2 ->�AROLYN H. TIFFANY 420
->ELIZABETH C. MAZNES 255 ->$TEYEN J. HURLEY 392
->SAMUEL BcRMAN 250 ->RI�HARO M. BATTIN 385
, ->JEAN NE K. KRIEGER 246 ->DONdLO l. BAYLE7 3T3 ',
->JOHN Pe CARROLI 245 -�KATMLEEN V06T KISSEI 321
->BRUCE COIIIER 21'F ->�H4RLES M. CULIEN 2�1 �
PAUL V. RIFFIPI 235 ->�OROC]N R. OSG000 266
JONATHAN RA41LE 150 GERAI.D A. HEGGIE 237 i�
ROBERT C. WNrYc 135, .,
CHRISTOPMER A. KENNE� 121
PR-9 70WN 19EETING MEM6ERS
PR-� TOMH MEETING MEMBERS ->JANE P. BUCKLEY zg� � i
->PETER C. J. KELLET �pp ^>JANET PERRY Zgp ;
->CAROI 8. MARTMAN 36B >FRED 0. ROSENBERG y�� � I
-)KARSTEN SORENSEN 359 '>RICHARO `. GANALE Z56 ',,,,,,,,� ��
->NICHOLAS A. CANNA�OHGA 346 ->JAMES J. SCANLON Z41 'i
->KATHERINE G. FRjCKER 347 '>SIMON PRENSKT 198 '
->PATRICIA M. MCIAUGHLIN 329 '>PAUL E. MAZERA�� 195 �
->LISA A. BACY 305 ROBERT E. SMITM, JR. 183 '
->MICHEILE l. CICCO�p 302 MILLIAM �. KEENEr .��9 �
MASON IRVING• III ZZp KENNETH A. COLLINA 1T5 '
• GEORGE Ae PSYMOJOS 147 ''
PR-S TOMN MEETING MEMBERS
�>MELYNOA D. VINTON 410
->MART KATMRTN WOLF 376
�>CVNTHIA L. BIUMSACK 353
->MARJORIE M. OA6GETT 3«
�>JOAN H B. NORTMAN 3gg �
->JOSEPM J. OINI 334
->SAN SILVERMAN 31�
CHAR�ES T. VqI` 284
CAROLE 0. S�NOUCK -r�p '
--.
----- ------..----
----------- � .
• ANNUAL TOWN ELECTION - ?�IARCH 4, 199I (cont. ) �.�C�
�
AHSENTEE BALLOT BREAKDOWN
APPLICATION BALLOTS BALLOTS RETURNED
PRECINCT PROCESS£D RETURNED UNUS�A TOO LATE
-----�----- .-_._�_....
VOTED BY MAIL (Excluding Certified Permanentl.y Disabled)
1 9 �y
2 ' 7 7
3 10 8 2
4 7 6
� 5 9 6 1 2
� 6 12 9 3
`—�_ 7 12 11 ,
8 g 3 3 2
9 2 i 1 ,
TOTAL 76 � 5A 14 �
VOTED BY MAIL (Certified Permanently Disabled)
i s a
a 1 �
3 7 ��
4 1 1
5 3 �2 1 _
6
7 1 1 1 rejected
8 � 2 1 1
9 2 2
TOTAL 21 15 -T�'!
VOTED IN PERSON OVER THE COUNTER
i 1 3 3
� 2 9 9 ,
_ 3 11 xl �
4 6 .6
5 5 S
6 15 15
7 9 g
8 � �
9 6 � .
TOTAL 71 71
.�
- A true copy.
t
Attest:
Bernice H. Fallick
� Town Clerk
�'
,
j ,
���
1991 A�;NLAL TOWN IKEETING
MARCH 25, 1991
The meeting was called to order by Nloderator Marbery i�. Battin, at
8:00 p.m. , in Cary Memor�al Hal1.. '
A quorum was present. ',
8:00 p.m. The invocation was offered by Reverend Chris Haydon, _
Trinity Co�enant Church. �r �
A moment of silence was observed in memory of longtime Town �feeting `�" i
Member �ames McLaughlin. '
8:07 p.m. The Town Clerk, Berr.ice H. Fallick, read the �r'arrant
until waived. The Toc�n Clerk read the Constabl�'s Return of tl�e
�iarrant.
The Moderator outlined procedures and conduct of the Meeting.
Iris Wheaton, TMMA, announced that �opies of the School Budget were
availa�ie for anvone who had not already obtained one. '
------------------------------------
Al�TICLE 2. REP0I�TS OF COl�IITTEES
The i�ioderator explained that this article would remain apen ',
throu;hout the Meeting.
8:16 p.m. Jane PagetL, Chairman of �he Appropriation Committee,
moved that the report of tne Appropriation Committee be accegted and
placed on file. Following a voice vote at 8:16 p.m. , the Moderat�r �
declare� the repor� to have been accegted and giaced on file. i
Mrs. Pagett coinmented on the report. r I
, ,
8:22 p.m. Aaren Dooks, Chairman of the C�,pit�.l Exgenditures i
Committee, moved that the report of the Capital E;�penditures
Committee be accepte� and placed on file. FQllotiinb a voice vote at
8:22 p.m. , the Moderator declared the report to have �een accepted
and placed on fi3e. Mrs. Dooks reported further.
8:26 p.m. Carol�n Wilson, P2, moved that the report of the �ary '
Lecture Committee be accepted and placed on file. Fo11ec,Ting a voice
vote at 8:26 p.m. , the NIoderator declared the report to have been '
accepted and placed on file. The Moderator reco�nized Raymond �;
Culler who presented the report for the Committee. ;
8:31 p.m. Martha Fvood, Chairman of the Planning 3o�.rd, urged ',
members to pick up the Planning Board Report which was currer.t�z- `
available.
8:32 p.m. Jacquelyn Smith, �hait�man of the Boar� of Selectmen, ,
congratulated the Moderator on the occasion of her birthda,y, I�1rs. i
Smith moved that tre report of the Town Manager be accepted and �
placed on fi1e. rcllowinb a voice vote at 8:34 p.m. , tr,e Moderator
declared the report to have been accepted and piaced on file.
Richaid 6vhite, Town Manager, presented his report.
8:47 p.m. The Town hIanaber asked the Moderator tc reco�nize Jo�in " �
Ryan, Comptrolier; who moved that his report be accepted and placed � I�
on file. Following a voice vote at 8:47 p.m. , the NIoderatar ' i
declared the report to have been accepted and placed on file. hir. i
Ryan presented an overview of enterprise funds. �
------------------------------------ I
ARTICLE 3. :�PPOINTMENTS TO CARY LECTURE SERIES '
MOTION: That a committee of three be appointed b�- t��e
Moderator to have the charge of the �ectures uzlder the r�ills I
passed of Eliza Car� Farnham and Suzanna E. Cary for the current ',
see P. 451 y�ar, I
- - --- -------- � -- ----- --—______ _
� ��5�:
(1991 ANNUAL TOWN MEETING, CONT.-MARCH 25, 1991)
8:56 p.m. Presented by Selectman Smith.
Following a voice vote at 8:56 p.m. , the Moderator declared
unanimous passage.
------------------------------------
ARTICLE 4. QPERATING BUDGET
MOTION: To postpone the followinb articles to succeed in
sequence on Monday, Apri� 22, Articles 4, 5, i2, 14, 22, 2�, passed
I 26, 27, 28. see below
`—" 8:57 p.m. Presented by Selectman Smith.
Following a voice vote at 8:57 p.m. , the �Ioderator declared
unanimous passage.
------------------------------------
ARiICLE 6. t�ater Operations
MOTION: That the sum of $3,653,244 be appropriated to fund
the operation of the T�'ater Division of the Department of
Public Works, and to raise such amount $3;653,244 be Passed
transferred from the t�ater Enterprise Fund. see below
8:58 p.m. Presented by Selectman Smith who gave fzirther
explanation.
9:08 p.m. Jane Pagett, Appropriation Committee, recommended
favorable action.
Followinb a voice vote at 9:08 p.m. , the Moderator declarecl
unanimous passage.
------------------------------------
� ARTICLE 7. Sewer Operations
�
MOTION: That the sum of $3,449,340 be appropriated to fund I'�
the operation of the Sewer Division of the Depaztment of �
Public Works, and to raise such amount �3,449,340 be passed
transferred from the Sewer Enterprise Fund.
see below
9:Q9 p.m. Presented by Selectman Smitli.
9:12 p.m. Jane Pagett, Appropriation Committee, recommended
favorable action.
Followin; a voic� vote at 9:12 p.m. , the Moderator declared
unanimous passage.
------------------------------------
ARTICLE 8. Recreation Operations
MOTION: That the sum of $773,902 be appropriated to fund passed
the operation of the Recreation Department, and to raise such
amount $773,902 be transferred from the Recreation Enterprise as amended
Fund. below
see p.452
9:13 p.m. Presented by Selectman McSweeney who eYpan�ed upon
Recreation operations and stated the unanimous approval of the Board
�, of Selectmen. Reconsidered
t ' p. 472 ,
� 9:21 p.m. Jane Pagett, Appropriation Gommittee, recommended �ended '
favorable action. p. 4�2 '
9:21 p.m. Ephraim tveiss, P5, made the following motion: as �assed
p. 473
that Article 8 be amended as follows:
after the words "Recreation Department," add the words: "to '
include funding for the school playgrounds,"
Town Counsel Norman Cohen asked Mr.: Weiss for a specific amount
r-
��-�
(1991 ANNUAL TOW�? MEETING, CQN'T. - MARCH 25,1951}
which Mr. Weiss stated he did not wish to �lo. ,
I
Ronald Colwell, P4, asked for the amonnt of revenue of the i
Recreation Department and Joan Halverson, Recreation Director, I
responded that 99% of probrams generate money. i �,
Following a coice vote at 9:26 p.m. which was in dou�t, tlie ��
Moderator called for a standing vote which was tallied, as follows:
Precinct Yes No Abstain
1 7 8
2 6 1Q
3 10 5
4 6 11 '
5 17 1 '
6 6 7
7 12 3 '
S 9 ��
9 5 ?4 ,
At large 16 li '
Tota?s 94 77
9:31 p.m. The Moderator declared passage of the motion as offerecl ,
by Mr. �4'eiss. '
I �
ARTICLE 9. Supplementary Appropriations for Current Fiscal Y � a r I
(FY91) �
IP MOTIJ�?: That this article be indefinitely postponed.
9:34 p.m. Presented by Selectman Marshail. ',
Following an unanimous troice Vote at 9:34 p.m. , the }ioderator I
declared indefinite postponement. I;
i
9:34 p.m. Carolyn Wilson, P2, served Notice of Reconsideration on �
Article 8.
------------------------------------- i
i
�RTICLE 10. Prior Yeats' Unpaid Bills
MOTION: That this article be indefinitel� �ostponed.
IP I�I
9:35 p.m. Presented hy Selectman Marshall.
_ ''
Following an unanimous voice vote at 9:3o p.m. , the� �Ioderator '
declared indefinite postponement.
-------------------------------------
ARTICLE 11. Suppl.ementary A�propriations for Authorized Capital ' � �
Improvement Projects '.01 '
�i
Ip MOTION: That this article be indefinitely postpoi�ed. �
9:34 p.m. Presented bv Selectman Marshall.
Following an unanimous voice �ote at 9:34 p.m. , the i�oderator
declared indefinite postponement.
-------------------------------------
-------------.- --- --1 -- --------_---- --
' ���
(1991 ANNUAL TOWN MEETING, CONT - MARCH 25,1991)
ARTICLE 13. Tax Anticipation Borrowing
MOTION: That the Town Treasurer; with the approval of the
Selectmen, be authorized to borrow money from time to time
� in anticipation of the revenue for the fiscal year Passed
i beginning July 1, 1991, and to issue a note or notes
---- therefor, payable within one year, under G.L. c, 44, sec. �e below
4 as amended, and to renew any note or notes as may be
giyen for a period of less than one year; under G.L. c. 44,
sec.17. '
9:34 p.m. Presented bg Selectman Dailey,
Following a voice vote at 9:35 p.m. , the Moderator declarecl
unanimaus passabe.
-------------------------------------
ARTICLE 15. Conservation Fund
MOTION: That this article be indefinitely postponed. IP
9:35 p.m. Presented by Conservation Commission Chairman Joyce
:�iller.
Following an unanimous voice vote at 9:36 p.m. , the �foderator
declared indefinite postponement.
-------------------------------------
ARTICLE 16. Water Mains
' MOTION: That the Selectmen be and they hereby are
authorized 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, passed
subject to the assessment of betterments or otherwise, and
to take by eminent domain ,• see below
, purchase or othertiise acquire
any fee, easement or other interest in land necessar�r
therefor; to appropriate $220,000 for such installation ar:d
lining anci land acquisition; and to raise su�h amount
�220,OOd be transferred from the Water Enterprise Fund.
9:36 p.m. Presented by Selectman Smith.
9:40 p.m. Jane Pagett, Appropriation Committee, recommended
favorable action.
9:40 p.m. Nicholas Cannalonga, Capital Expenditures Commzttee,
recommended approval.
Following a voice vote at 9:41 p.m. , the A�oderator declared
unanimous passage.
-------------------------------------
ARTICLE Z7. Public Works Equipment
� MOTION: That the sum of $150 000 be a postponed ,
, ppropriated for the
purchase bV or with the approval of the Selectmen of equipment �
for the Department of Public �iorks, and to raise suLh amount Passed '
$150,000 be transferred from the Sewer Enterprise Fnnd, see p. 456
9:41 p.m. Presented by Selectman Dailey who moti�ed that it be
postponed until 6vednesday, March 2i.
Following a voice vote at 9:41 p.m. , the i+�oderator declared '
postponement until t�ednesday, �Iarch 27.
-------------------------------------
�:L j`
(1991 ANNliAL TOt�'N MEETING, CONT. - MAR,CH 25,1991}
AI�TICLE 18. Street Improyements
�fOTION: That the Treasurer with the ap��oval of the �
I
Selectmen be authorize� to issue Highway Reimbursement Notes �
passed of the Town under G.L. c. 44, sec. 6, as amended; ir. 1 %
anticipation of reimbursement by the Commonwealth for Y�,ighwaE� 1
see below
reconstruction and improvements under the authority of Chapi,er I�
90 of the General Laws as funded, and that notes issued for a
shorter period than two years may be refunded by tre issue of
new notes maturing within two years from the date of the
oribinal obli�ation, and that the Selectmen are authorized to
accept highwag funds from all sources.
9:42 p.m. Presented by Selectman Edciison.
9:46 p.m. ,3ane Pagett, Appro�riation Comm?ttee, recoramended '
favorable action.
9:4t p.m. Karen Dooks, Capital E�penditures Committee, stated '
agreement with the Board of Selectmen.
Discussion for and against continued with explanations from tre '
Selec�tmen and Richard Spiers, DPti.
Followina a voice vote at 9:58 p.m. , the i�loderator declared
unanimous passage. -
9:58 p.m. Karen L�ooks, Lapital Expenditures Committee, servecl I
Notice of Reconsideration on Article 18.
� ;.
------------------------------------- s �I
ARTICLE 19. Street Acceptance and Construction � � �
i�OTION: To establish as Town ways and accept the layou� of �
the following Town ways:
passed
see below North;ate Circle from North Street a ciistance of 261 feet, '�
more or less; to end;
i'
Farm Road from Lillian Road a distance af 501 feet, more or i
less, to end; I'
Carriabe �rive from t�e e�istin� Town laVout a c'�istance of �23 ,
feet, more or less, to end; '
John Benson Road from `�'inter Street a distance of 853 feet,
more or less, to Cairiage Drive; !
I
NlcKeever Drive from Gro�e Street a distance of 341 f6et, :nare �
or less, to end. �',
all as laid out by the Selectmen and sho�an upon plans on file in i.�32
offzce of the Town Clerk, dated November 9, 1990, and to authorize ,
the Selectmen to take b�� eminent domain, purchase or otr�erwise '� ',
acquire any iee, easement or other interest in Iand necessar� ��
therefor.
1Q:00 p.m. Presented bti Selectman Eddison.
There was c?iscussion as to li;h�ina.
Following a voice vote at 10:Q� a.m�. , Lhe �Ioderator deelared
passa�e.
10:fl6 p.m. Frank Sand�, P6, served Notice of Reconsideration.
-------------------------------------
r.�;r�_
���
{I991 ANNUI�L TO�N MEETING, GONT. - i1'iAPCH 25,1991 i
ARTICLE 20. North Lexington Pump Station Replacement
MOTION: That the sum of $3,900,000 be appropriated for the
purpose of financing the construction and equipping of a
, replacement sewer pump station and force main and �he
' acquisition by eminent domain, purchase or otherwise of any postponed
fee, easement, or other interest in land necessary therefor,
including without Iimztation all costs thereof as defined in passed
Section 1 of Chapter 29C of the General Laws; that to meet see p 457 '
this appropriation the Treasurer with the approval of the
Selectmen is authorized to borrow �3,9�0,000 and issue boilds
or notes therefor under Section 7 (1) of Chapter 44 of the
General Laws and/or Chapter 29C of the General Laws; that such
bonds or notes shall be general obligations of the Town unless
the Treasurer with the approval of the Selectmen determines
that they should be issued as limited obligations and ma� be
secured bv local system revenues as defined in Section 1 of
Chapter 29C; that the Treasurer with the approval of the
Seiectmen is authorized to �orrow all or a portion of such
amount from the Massachusetts Itiater Pollution Abatement Trust
established pursuant to Chapter 29C and in connection
therewith to enter into a loan agreement and/or securiti ,
agreement with the Trust and the Departmant of Environmental
Protection with respect to such loan and for any federal or
state aid available for the project or for the financinb '
thereof; and that the Town Mana�er is authorized to enter intc
a project regulatory agreement with the Departmsnt of
Environmental Protection, to expend all funds available for
the project and to take any other action necessary to carry
out the project.
10:06 p.m, Presented by Selectman Smith wha moved postponement to
fvednesday, March 27.
Following a voice vote at 10:06 p.m. , the Moderator declared
postponement to Wednesday, March 27.
-------------------------------------
ARTIGLE 21. Parking Lot Operation and Maintenance
MOTION: That the sum of $90,000 be appropriated for
parking lot operation and maintenance in the Town; anct that passed
such amount be transferred from Parking Funds.
see below
10:0't p.m. Presented by Selectman McSweeney.
10:09 p.m. Jane Pagett, Appropriation Committee, recommended '
favorable action.
Following a voice vote at 10:09 p.m. , the Moderator declared
passa�e.
-------------------------------------
10:12 g.m. Ephraim 6�eiss, P5, moved that the meeting be adjourned
�" until itiednesday, March 27, 1991, at 8:00 p.m. , in Cary Hall.
�_ Following a voice vote at 10:12 p.m. , the Moderator declared the
meeting to be adjourned.
A true copy.
Attest:
Bernice H. Fallick
Town Clerk
March 26, 1991 - resignation - pr. 7 of Winifred L. L. Friedman,
176 Grove Street
� �s�
ADJ�liRNED SESSION - 1951 ANNuAL 'TO�� MEETING �
1v�RCH 27, 1991 �
The meetin� was called. to order by AZocierator Ntarbery M. Battir., a� I
�
8:00 p.m. , in Cary �Iemorial Hall. '
H quorum was piesent.
5:00 p.m. The invocation was offerec3 by Revarerd Poll� Guilcl,
Follen tinitarian/liniti�ersaiist Church. �r�
8:02 p.m. The Moderator declarsc't a Formal Recess. �
Nanc;- Gor�on, PZ, intro�uced the students ��ho had participated in
Student Government Da3-. Selectman Jacqueiyn Smith reati a
proclamation declaring Marcii 13, 199�, as Student Government Day. ;
8:06 p.m. The Moc?erator calle� the Meetin� back to or�er.
�
-------------------------------------
ARTICLE 2.
8:09 p.m. Judith NIarshall, Recreation Committee, moti�ed that the �,
report of the C�mmittee �,e accegted and placed on file. Followin�
a voice vot� at $:09 p.m. , the Mo�erator declared the report to ha�-e I
been accepted and placed on file. Mrs. Marshall as�ed for
recognition of Donal� Chisholm, Chairman of tre Recreation I
�ommittee, who presentect the report.
8:20 p.m. Marshall Derby re�orted for LexHab. . �
------------------------------------- �
APTICLE 17. Public Works Equipment '
i�OTION: That the sur� of �150,000 be appropriateci for th� ; i
purchase by or with the appro�-al of the Selectmen of equipm.en�
passed
for the Departmer.t of �ublic t�'orks, and to raise such a�neunt i
$150,OQ0 be transferred from �he Sewer Enterpris� Fur�d. I
see below
8:23 p.m. Presented by Selectnan Dailesr. j
8:25 p.m. Jane Pa�ett, E�ppropriation Gommittee, reconmen�ed
favorable action. �
$:25 p.m. Nicholas Cannalonba, Capital E:�penditures Comnittee, I
stated agproval. '
�
Following a voicP Uote at 8:25 p.m. , the Mo�erator decl_arsd �
unanimous passaae. �
8:25 p.m. karen Dooks served Notice of Reconsideration on yrticle '
1r.
ARTICuE 20. North Lexin�ton Pump Station Renlacement ,
i�10TI0N: That the sum of $3,900,000 be appropriated for tr�e
purpose of financing the construction and equipping of a �
replacement sewer pump station and force main a�ci the
acauisition b�- eminent ciomain, purchase or oth�rwis� of an�° i
passed fee, easement, or other interest in land necassar� t:�ere�or, I
see p. 457 inclu�ing without limitation all costs thereof as defined irc
Sectian 1 of Chapter 29C of the General Laws; that to meet i
this appropriation the Treasurer with the approvai of th� !
Selectmen is authorized to borrow $3,900,OQ0 and issue t�onds i
or notes therefor under Section 7 (1} of Clzapter 44 of the
General Laws and/or Chapter 29C of the General Laws; that such
bonds oL notes shall be general ooligations of the Town unless I
�he Tr�asurer with the approval of the Selectm�n determines i
that thet shauld be issued as limited obligations and �na�° i�e
sec�:re� bv local system revenues as defined in Section 1 of
ClZapter 29C; that the Treasurer with the approvai of �C:?:e
----------------------------
--, _------------ _ ---- -- ----
�
�5-� �-
(ADJOURN�D SESSIOi�, A.T.M , CONT - NIARCH 27, 1991)
Seiectmen is authorized to borrow aIl cr a portion of such
amount from the Massachusetts Water Pollution Abatement Trust
established pursuant to Chapter 29C and in connection
therewith to enter into a loan agreement and/or security
agreement with the Trust and the Department of Environmental
� � Protection with respect to such loan and for any federal or
� state aid available for the project or for the financing
t--� thereof; and that the Town hianaber is authorized to enter into
a project rebulatory agreement with the Depaatment of
Environmental Pro-tection, to expend all funds available f.or
the project and to take any other action necessary to carr�
out the project.
8:26 p.m. Presented bV Selectman Smith who asked the Moderator to
recognize a representative from Weston and Sampson, consultants to
the prcject. �1 slide presentation followed.
8:41 p.m. Jane Paaett, Appropriation Committee, recommende�
favorable action.
$:41 p.m. Gloria Holland, Gapital Expenditures Committee, stated
approval.
There were numerous questions as to the route, who tiTas bei�g served,
true costs.
9:00 p.m. Jacquelyn Ward, P7, moved the question. Following a
voice �*ote at 9:00 p.m. , the Moderator declared passage.
Following a voice vote at 9:01 p.m. , the Moderator declared
� unanimous passage of Article 2Q.
�RTICLE 23. Recreation Improvements & Equip�ent
�IOTION: That the sum of $37,OQ0 be appropriated to
resurface and reline the Center Playground Track, purchase
bleachers and re�lacement play apparatus, as determined by the
Recreation Committee with the approval of the Board of Passed
Selectmen, and to raise such amount $37,000 be transferred
from the Recreation Enterprise Fun�. see below
9:01 p.m. Presen-ted by Carolyn Flilson, Recreation Committee.
9:Q4 p.m. Jane Pagett, appropriation Committee, recommended
fatirorabie action.
9:04 p.m. Karen Dooks, Capital E;cpenditures Cor�mittee, stated
approval.
9:04 p.m. Selectman McSweeney stated the unanimous support of the
Board of Selectmen.
Followinb a vaice vote at 9:Ob p.m. , t�e Moderator declared
unanimous passage.
-------------------------------------
I ! ARTICLE 24. Pine Meadows Golf Course Irrigation S�Tstem
�
MOTION: That the sum of $65,000 be appropriated to
purchase a new pump and install it zn a secured building at
Pine Meadows Golf Course as determined by �he Recreation Passed
Committee with the approval of the Beard of Selectmen, anci see p.458
that such amount be transferred from the Recreation En-terprise
Fund.
9.06 p.m. Presented by Sam Nablo, Recreation �ommittee.
9:16 p.m. Jane Pabett, Appropriation Committee, recommended
fa��orabla action.
9:16 p.m, Nicholas �annalonga, Caaital Expenditures Commit-tee,
;
�--�.-- _�s�
`� stated approval.
I
�
I
I
lADJOliRNED S�'SSION, A.T.M. , CONT. - :�:�RCH 27. 1991) '
9:16 p.m. Selectman hicSweeney stated appro�-al cf the Board. ; � ,
There was discussion as to noise and bolf course operatian. �
Followin� a voice vote at 9:25 p.m. , the Moderator declared I
unanimous nassage. I
------------------------------------- I
r1RTICLE 29. Zoning By-Law; Technical Corrections.
9:25 p.m. Eu;nund Grant, Plannin; Board, moved Lo postpone Articles
postponed 2g, 31, 32, 34, 35 to Mondav, April 1. ,
see p. 464
Following a voice vote at 9:25 p.m. , �he Moderator declarec!
postponement. '
I
ARTICLE 30. Zoning 35�-Law; heligious, Educationai �nstitutiot�s �
Edmund Grant moye� that the report of the Pianning Board o:� �r�icie �
30 be accepted and placed on file. Following a voice vote at 9:26 '
p.m. , -the Moderator declared the report to have been acce�te� and
passed p�aced on file. �
see p. 459
�IOTION: That the Zoning By-Laws of the Town be am�ncled as I
set forth in the motion attached to the report of the plar�nin�'
Board on this article. �
That the Zoning By-Law be amended: �
b� adding a new subparagraph 3.1.4, as follows: I
"3.1.4 LIMITED EXEMPTIONS FROM ZONING
3.1.4.1 RELIGIOUS, NON-PROFIT EDi1CaTIflNAL I�VSTI�'L'TIONS �
The use of land or stractures for religious purposes or io��
educational purposes on land owned or leased by a reli�ious sect or
denomination or b�J a nonprofit educational corp�ratian, as described �'
in Chapter �OA, fihe Zonin� Act, �3, M.G.L. , is permitte� as a natt�r i
of right in aIl zoning districts. Such land or structur�s are sab-
ject to reasonable re;ulations concerninb th�e bulk and hei�ht of
structures, yard sizes, lot area, setbacks, o�en space, parkir�� anL
buildin� coverage requirements as set forth ir. this By-La�."
in subparagraph 4.1.2, under the headin� "Y Y'ES: Fermitted as of
ribht. . . " by adding an asterisk after the s�-mbol (SPS) , at �he end,
and b� inserting a r.ote at the end of the subparagraph, as foiiotis:
"T A religious or non-profit educational use, as describecl in j
subparagraph 3.1.4.1, is permitted as a matter of right in all
zaning districts." �
i
in TABLE 1, PER?�IITTED LSES AND DEVELOPhIENT STAND�iRDS, bU adciina at i
the end of the description of the per:�i�ted use in line 2.42, �l�e !
followinb: �
"(A religious or non-profit educational use, as ciescri�aed in i
subparagraph 3.1.4.1, is permitted as a ma�ter of rioht in a11
zonin� districts. )";
In su'osection 12.1.2, which deais with the traffic impacts of uses
or developments that have 10,000 or more square feet of floor area
for which an SPS is required; bt- adding a sentence at the en�, as
foliows: "^1he requiremen� for a special permit with si�e plan
review {SPS) does not apply to a religious or nor.-profit educational
use; as descr•ibed in su�para;raph 3.1.4.1.";
_----------------- ---- ----- -- ----------------_-- - --
�
�r� �� �`
�:27 �.m. Presented by Edmund Grant. " ` `
{ADJOtiRNED SESSiON, A.T.M. , CONT. - MARCH 27, i991)
r 9:30 p.m. Karsten Sorensen moved that:
�i
the motion under Artacle 30 be amended by deleting the word
"reasonable" as it appears in the second sentence of parabraph
3.1.4.1. '
There was discussion for and against.
Following a voice vote at 9:44 p.m. , the Moderator declared the
amendment not to have passed. Twenty members stood to doubi, the
call of the Moderator. The �oderator called for a standing vote
which was tallied as follows:
Precinct Yes No Abstain
1 2 12
2 4 11
3 5 9
4 12 2
5 10 4
6 2 11
7 11 5
8 11 6
9 7 9
At Iarge 4 16
Totals 68 85
amendm�nt
9:48 p.m. The Moderator declared the not to have passed.
Discussion pro and con continued.
The Moderator called for a standing vote on -the motion offered by
Mr. Grant which was tallied as follows:
Precinct Yes No Abstain
1 10 4
2 12 4
3 11 2
4 3 13
5 9 6
6 11 4
7 9 6
8 11 5
9 lr 1
At large 22 0
Totals 115 �5
�' ,
� l�.Q1 p.m. The Moderator cleclared the motior. to ha�-e been adopted.
10:05 p.m. Iris tNheaton, P7, ser�ed Notice of Reconsideration.
-------------------------------------
ARTICLE 33. Zoning By-Law; Day Care Centers
10:05 p.m. Jacqueline Davison, Planning Board, movad �hat the
report of the Planning Board on Article 33 be accepted and plac�d on amended
file. Followin; a voice vote at 10:05 p.m. , the Moderator declared
the report to have been accepted and placed on file. see p.461
Passed
10:Ofi p.m. Mrs. Davison moved that the Zoninb By-Laws of the Town see
be amended as set forth in the motion attached �o the report of the p•462
r� ��� Plannin� Board on this article.
1
�
I
(ADJOURNED SESSION, A T M , CO�T - M�RCH 27, �991? �
M O T s O N '''�
��J
That the Zoning By-Law be amended:
i
in Section 2 DEFINITIONS, by add�n� thrpe new definitions, in t �e i
proper alphabetical order, as folloi,s: i
"DAY Cr�RE CENTER: Any iacility operated on a re;ular �asis I
whether known as a day nursery, nurser� school,
kinderbarten, child play school, probressive school, c��ld
development center, or pre-school, or known under any other
name, which receives seven or more children not of com�on
parentage under seVen years of age, or under sixteen years
of age if such children have s�ecial needs, for �
nonresidentia� custody and care duria; part or all of tne
day separate from their parents; and as further described
in Chapter 28A, §9. M.G.L. , as amended. {See also F�MiLI �
DAY CARE HOME)"
"FAIeIILY DAY CARE HOME: any private resi�ence which on a �
regular basis, receives for temporar� custody and care 1
during part or all of the daL, children under setTen yea.rs
of age, or under sixteen years of age if such children have
speciai needs; provided, however, in either case, that the
total number of children under si�teen in a family da�� care ,
home shall not e�ceed six, incluciinb pazticipatin� children
�iving in the residence; and as further �escribed ir. r"'� ,
Chapter 28A, �9. �1.G•L. , as amende�. Family daG care home
shall not mean a private residence used far an informal i
cooperative arran�ement among neighbors or relatives, or
the occasional care of children with or without �
compensation therefor. (See also DAY CARE CENTER}" I
"SCHQQL AGE CHILD CARE PROGRAM: any program or facilit�-
operated on a re�ular basis which provides supervised group
care for children not of common parenta;e who are enrolled
in kindergarten and are cf sufficient a�e to enter first �
grade the following L•ear, or an older child who is nct more '
than fourteen years of age, or sixteen �ears of aae if such �
child has speeial needs. Such a pro;ram ma�� operate before i
and after school and ma� also operate durinc sc�lool
vacation and holidays. It provides for a planned dail�
program of activities that is attended bv children for
specifically identified biocks of time during the week, I
usually ovsr a �eriod of weeks or months; ancl as f�ar}her
described in Chapter 28A, §9. M•G•L• , as amended. (See
also DAY CARE CENTER")
in Section 4, TABLE 1, PERMITTED USES AND DEVELOPMENT STANDAR�JS, in �
v rikind out all of th� description and inserting in 1
line 2.12, b� st b
place thereof "Day care center (see Definition) , school age chil� , I
care program (see Definition) , nursery school, kinderbarten";
by striking out each of tl�e symbols for each of the zoninb districts
ar.� by insertinb in place thereof the symbol "Y" for each of zonina I
districts; �
by renumbering the existing Iines 2.13 through 2.20, an�? all cross
references thereto, to be lines 2.14 through 2.21 respectiveiu°; I
bU insertin� a new line 2.13, as foilows:
"2.13 Family dav care home (see Definition} for not more than six
children" and b�- insertinb the iollow�na symbols under the zoning
districts indicatec�:
RO CB
gs RT RM RDCNCRSCS�LQCRO�M
,rY y y ��SPSPSPSPSP"
-------------- --- ----------------- ----
—1----
- ------------_----------
. `� � / r �
by adding a new subparagraph: f ` �
(:�DJOURNED SESSI�N, A.T.M. , CONT. - MARCH 27, 1991)
"3.1.4.2 CHILD CARE FACILITIES
�, The use of land or structures, or the expansion of existing
� structures, for the primary, accessory or incidental gurpose of
`` operating a child care facility is permitted as a matter of right in
all zoning districts. Such land or structures are subject to
reasonable rebulations concerning the bulk and height of structures '
and determining yard sizes, lot area, setbacks, open space, parking
and building coverage requirements. As used in this parabraph, the
term "child care facility" shall mean a day care center or a school
a;e child care program, as those terms are defined in Sec-�ion 2 of
this By-Law and as further described in Chapter 28A, §9. M.G.L. , as
amended.
A family day care home (see Definition} for not �nore than si;�
children is not covered by the partial exemption from zonin;
regulations afforded by Chapter �OA, �3, The Zoninb Act, M.G.L. as
amended and is subject to the provisions of this By-Law.";
by adding a new subparagraph 7.9.3, as follows:
"7.9.3 DETERMINATION OF MAXIi�UM FLOOR AREA FOR A STRUCTURE ttiITH A
CHILD GARE FACILITY
The floor area of any structure shall be measured exclusive of any
portion of such structure in which a day care center or school age
child care probram (see Definitions) is to be operatad as an
accessory or incidental use, and the otherwise allowable floor area
of such structure shall be increased by an amount equal to the floor
�' area of such child care facility up to a maximum increase of ten per
� cent. In any case where the otherwise allowable floor area of a
structure has been increased pursuant to the pro�isions of this
section, the portion of such structure in which a child care
facility is ta be operated as an accessory or incidental use shall
not be used for any other purpose unless, followina the completion
of such structure, the Board of Appeals shall have granted a.
variance, with the written concurrence of the State Office for
Children, that the public interest and convenience do not reqnire
the operation of such facility. (See also Chapter 40A, §9C, The
Zoning Act, M.G.L. as amended for other provisions dealing �aith
child care facilities operated as an accessory or incidental use. )"
in Section 2, DEFINITIONS, in the definition of FLOOR AREA, NET, by
addinb a new subparagraph "f", as follows: '
"f. areas used for a child care facility as prov�.ded in sub-
paragraph 7.9.3."
so that the defini.tion of FLOOR AREA, NET, as amended will read:
"FLOOR AREA, NET: The sum, in square feet of the occupiable or
habitable area in a buildings, which shall be determined by
excluding the following from calculation of gross floor area: . . .
. . .f. areas used for a child care facility as provided in
subparagraph 7.9.3."
' in subsection 11.3.1 2)c. , which deals �vith the number of parkir.g
spaces required for various uses, by inserting the words: "school
aae child care program," after the words: "Day care center,";
10:14 p.m. 3ulian Bussgang, P4, moved:
to strike the word "reasonable" in 3.1.4.2 and replace it amendment
with the word "By-Law"
passed
Following a voice vote which the chair doubted, the A�oderator called see p.462
for a standing vote which was tallied as follows:
- � �+ �6 �
{LIDJOURnTED SESSION, A T �� , C'JNT - MARCH 27, i99i) ''
�
I
i
Precinct Yes No Abstain �
;
� 3 10 �
2 6 6
3 10 5 �
4 15 2 ,�}
5 10 � �
6 6 � '-1
7 11 4
S % s �
g 11 7 I
At lar;e 0 21
�
Totals 79 ��
10:20 p.m. The Moderator stai.eci that th�mendment o��ered b�r �'Ir.
Bussgang passed.
Following a voice vote at 10:20 p.m. , the Moderator d�clared
unanimous passage of Article 33 as amended. '
--------------------------------
�
ARTZCLE 36. Land Transfer/Bates t2oad Parcel
I
MOTION: That the Consertiation Commission �e
authorized to purchase or othercaise acquire, and the
passed Selectmen be authorized to take by eminent doniain, upon th� �
written request of the Conservation Cor�mission, and that '
see below the Selectmen be authorized to transfer, for consert*ation �
� purposes including outdoor recreation as provided by �
Section $C of Chapter 40 of the General Laws, as amended, I
any fee, easement or conservation restriction as defined in '—'�
Section 31 of Chapter 184 of the General Laws; or other I
interest in all or any part of land shown as Lot �8 on
Assessors' Propert� NIap 66.
10:21 p.m. Presented by Se?ectman Eddison.
10:24 p.m. Joyce �Iiller, Conservation Commission, suppo-rted the ;
transfer. '
Followin� a voice vote at 10:25 p.m. , the bloderator �eclared 1,
unanimous passa�e. �
-------------------------------------
ARTICLE 37. Minuteman Regional Vocational School/House ;Buildinc
i
MOTION: That the Town appro�e the constraction of one- er
two-family dwellinbs, as determined by the Boa�d of �
passed Selectmen, for persons of low income by studen�s of
Minuteman Re�ional ��ocational Technical Sc1�ool District. +
see p.463 �
10:27 p.m. Presented by Selectman �Ia-rshall.
------------------------------------- r---, I
10:29 p.m. William Welch, P2, servad No�ice of � '
Reconsideration on Article 36. �
------------------------------------- ;
1C;2� p,m, Robert t�hitman, P6, served Notice of
I
Reconsideration on Article 33.
------------------------------------- I
�
---------------- ---
_ ------ __ --- -----___—_._—_ .
�-- —
_ _____—_ __--- _.____— __
��3 -� �d �
�, =�,
(ADJOURNED SESSION, A.T.M. , CONT. - MARCH 27, 1991)
10:31 p.m. Sam Silverman, P5, offered the followina moti�n:
(a)following the words "two family dwellings,"
the following be inserted: "for the period (a) failed
enciing with the Town Meeting of 1993,"; and
� (b)that the following be added at the end: "The
' Selectmen shall report to each regular Town (b) failed
- Meeting on those projects which have been
completed, are pending, or are planned."
Discussion followed.
10:52 p.m. Robert Whitman, F6, moved the question on the amendment.
Following a voice vote as to whether the amendment should be put,
the Moderaior declared passabe.
Followin; a voice vote at 10:54 p.m. , the Moderator declare� Section
(a) not to have passed.
Followinb a voice yote at 10:54 p.m. , the Moderator deciared Section
(b) not to have passed.
Following a voice vote at 10:55 p.m. , the Moderator declared
unanimous passage of Article 37.
-------------------------------------
ARTICLE 2. Martha Wood, Planning Board, urged membe-rs to pick up
copies of the Planning Board Reports.
-------------------------------------
10:58 p.m. - Jacquelyn Smith, Chair�an of the Board of Selectmen,
moved that the meeting be adjourned until Monday, Apri�. l, 1991, at
8:00 p.m. , in Cary Hall.
Following a voice vote at 10:5$ p.m. , the �Ioderator declared the
meeting to be adjourned.
A i,rue copy.
�lttest:
<
Bernice H. Faliick
Town Clerk
March 28, 1991 - resignation - pr. 1 of Frederick H. Hagedorn,
17 Fiske Road
�
� ,--�- � � �
,
ADJOURNED SESSIQN - 1991 ANNLAL TOWN MEETING
.�PkIf 1 , 1991
The meetin' was called to order b�- n1aderator h?ar�ery M. Bat�tin, at I
8:O0 p.m. , in CarSr !iemoria] N�]l.. �
I
A quorum was present. �
8:00 p.m. Tlie invoc�tion s•ras oft'e��ed by Re��F� .rend Peter� �1eE:k, �
H�ncock Unitec� Churcl-, of Ghrist. �
8:OZ p.m. A Formal Recess �.°as clee 1 arcd.
-------------------------------------
i
I
Selectman Patil Aiarshall. re�cl a Pr.oclamati.on recognizin, the �
servicemen ser<<in; in the Persian G�.�1f' and thPir Camilies. ��
�
Se].ectman �`i.l.l.iam Dai_l.e��, Frierids oi' i;lie Ct�ry Li.hrary, and VickS-
Sc;hwartz, C;h:�.irman c�f i;he }1i3viscr•� �c>mmit.t;ee, r�t=eognizecl R.aber.t
Hil.i;on for 25 years of service as Iiirec:tor of the Ca.r,y- Librar�-. �
-------------------------------------
$: 13 p.m. The meeting was called to order.
t1RTICLE 2. Reports '
$: 15 p.m. Recreation Committee -Lincoln Street. i
Caro.l��n h'ilson mo��ed that the report of the Rec.r�ation Committee on j
Lincoln P�rk be accepted aiid pl:�ced on file. Fo.11owin7 a voi.c:r �-ote
at £i: 15 - p.m. , tl�e '�io:iei•ator declarec.l thr r•ep�;i t to ha�=e b�en
acc�pted and ���lacecl on fi le. '
------------------------------------- '
�RTICLE 29. Zoning B�--La��; TecLnical Correctic,ns
I
�(()TI�N: That the Zonin; [i;:-L��tis of t.he Town be amE:nded as set ,`'crt;h '
in the motion �tt.3C}1P.C� to thE• r•�-port ��i' 1.]-�� Fl.az�ni.n� Board on tl�is �
arl;icle. ,
8: 19 p,m. hiartha +vo��d, Plannin� Board, movecl Lhat t.he Report or the
Committee be accepted and placec� on fi �l.e,
Fo].l.owin� a voic� ��ote at 8: 19 p.m. , the �ioderat.or declat��=d t.he
. rnport to hav� been unanimousl�� ac:ept,ecl arid placed on f.ile.
i
8: 20 p.m, birs. Wood conti►��.���d ���ith the eaplanation of the mction.
�
I
Art.icle `L9 Techr�ical Corrections
M O T I O N
i
That the Zoning By-1:a�. l�e ar.�c:nded ir� �cil"'lOL1S sections, as foli,:��.s:
assed � ' � �� � � I
P Amendment: 1 - Al In ection '�, �)i::'.:i1'1'IO�S, in the def initi.,n af
STQRY, N�i�F, in t}ie seconcl SeTlt,erii':�, b� C�G I f�L"11?d the �,ords: I
see p.466 ��, , , �.}�Py .�re structl�ral l�- stipperi;erl �i� !.l�e i•o��f raft��rs and. . . '� so
„ �
tlial, the sent:eric,e, as :�r,iF�ncie�d, ��i 1 �. re,.�cl: Uor�mers ma�; l.�e
CC)IISt:Y'1.1Ct�C� iill ��IOSt' E�t!_F�1'loY' 5��1�.�5 j;I':)\' iClE�C� �4�qi':'�:=i C�B�.I?t.E?C� � T.�"!E' I
lerl;th of' t1��4 i�ic�rmci�(s) ati me;is�:r•Ertl b��t.c;:::•ei7 tJ��e lo�aest b�:,�;.r�iri]
E;c�ints Gf� t}l� dormer�s(�) ii� t.l��:� r«fi;��r�s a; i:he slo�in� r•oaf do�,s. not
e�ceed 50 �er• cei�t o�' tl�i� len,th af' ttie sl.opir�� rc���f' ta sal��ic1�� ii. is j
::ittached. " I
--------------------------------------------------------
�mendmen t 2 - �12 !n Ta�I.E 1 PFR.'�i I TTED !'SES :1I�D DEVI:LOPDIF,NT i
STANDARDS, i.n lil�c: 2. 1:3 h` in<�F�rt,i ���� the:. �.•orrl "�chicntion��l" Y�f�tw�>en �
ti�e words "r�on�:;rof i t" ar�d "cor��>or�t,xr.�n" so t,hrxt part of. thF•
description, as amended, s,-i ].1 reacl: "F:lementary or sec,andary
school. . .operated b�- a rel.i�iot�s sect; cr denomina.tion or a noripro#'i�
_----- --_------------- --___---- ---- - .
T---
-- --------- _-------_ ._---- ----- -
��� . :� y r
�ADJOURNED SESSION, �a.T.M. , CONT. - APRIL 1, 1991�
educational corporation; . . . "
Amendment 3 �-;_�3 In subpxra7raph 3.6. ] c, b� inserting the words:
". . . , if yubpara�ra�ah 12. 1 .2 is app li cal�le, and. . . " bcfore the wards
". . .meeting the requirements set f'orth in Si1�SP.Ct10T1 1?.2" , sa that
the para,�raph, as amended h�ill r•ea.cl: "c. A t.r•affic analys,is, if
siibparagrapli 12. 1.� is a�p.licat�le, and meet,in; the requiremeni,s ;�et
forth in subsection 1`L. 2" ,
_� --------------------------------------------------------
,�mendment 4 - A4. In subsection =1. 1 .2 USE OF S�'�1BOI:S IN TABL�: 1, b,y-
insertin; t}iFr follos-�ina bei:Heen the ��urcis: ". . . the jrantin� of a
s��ecial permit �,�ith site plan re��iew (SPS) ; " and "N NQ: Not
Per.mitted. "
"SA: Specia.l. Permit I2ec�uired (See Seutinn 3. 3;
SPS: Specia] Permit wii:h Site Pla�: {iF�vie�; kt:�quired (See Sec,•tioi��
3.4 )��
sc� that the subsection, as amended, will read:
"The s,ymbols in TABLE 1 , PERAIITTED L'SES A?�ID DE��rLUPA4ENT ST;INP�RDS
shall have the followina meanin;s:
Y YES: Permitted as of ri;l�,t provided ]�owever that all:
1 ) non-resiclential uses or clevelopmen�s with 10,000
square feet. or mqr•e of ;ross floor area,
including any F�istino flo�r areza, but not
incl��din; an�� f'looi, �rea c3evot;ed to resiciential
use or to off-stree.t parkin;, or
2) a11 residential uses or developments with three
or morz cls�el.lin� un its, or their� equiv��lent,
inrluc3ing an�* existiri� ciwe].] in7 units,
ar� not permi ttecl as of' t•i��h1�, but, arc� allowed on1.� tzpon
1;}�e �rantin� af a special r�ermit wit}� site glan revie�,T
� (SPS) ;
t— SP: Specizl Permit Required (See Section 3.3}
SPS: S��eci��.l Permit with Si.t� Plan Review C�equired (See
Sc:ction 3.�)
?� N0: Not Permitted. "
,�mendment 5 - A5 In subpara,raph 4. 7..6 PPINCIF':aL USES, r1CCESSOI�Y
USES,
by insertin; a new second sent�nce, as follows: ";+Tor.e than one
principal use may be al lo�.eci on a lot, e�cei�t c,llers stich use i�. a.
dwelling as �rovided in si�hparz;raph 7. ]:. � , ancl prG�vid�d that er�c:h '
pri.ncipal us� is permitted b� Tablc 1 taa��d tl�e sum of such pri��c.ipal. '
:�ses complies wi.th tl��e uther requirem�nt,s of this i3y-T��.w. " ; in thL
1'irst sentence, b�� <,t.ril:ir�� otit t}�e ���c�r�c? "t]ie:" ir� l�otl�i p�.aces 4,l�ier��
i l, xppe<ars and l�t inserting i.n p1�r,a i.lir�rE�c;f the saorc? "a" so i:hat.
t.i�e f 7 rsf; sente�nr.e, s� ame:ncic�ci �;�i i i i�rac : ' �
i ' ;1 pri.ncipa.l. use i., a.
ma in or primary use c�f a lot or s.truc:i.lre, "
b:� having the temainder of 4, 1.G a}:i}��ar as a sE-r:,c�.r•�te paraa�aph;
it� s�.�b��ara,raph i , 1 .�1 O:�F DjtiELLING Prci f:t�T' b�� dNletitl� the s,c,r.cls:
„
� , ar other princ:ip��l us�s, other thari ;ti-� a�ri��ul.l,lir�al i:se," se� t,hat
�,
I ti;e sentf?nce, as ZmenclF���l wi.l,l r'�?'c1CI: T11 311 R(i, i;S, or R`P di.��Lr�i�:,t,
��oi: mor�e i:h;�n one dwellin� si�a11 1;�.� er�r::cl,ed ar� a lot �i».less
(�-=
sp�=c.i.fically zuthori.zed l�y oCh�-:r ��ru��isions of t.liis T3�--L�.w. "
,�mendment 6 - A6 In subpara�raph 9. 2, 11 DI�tENSIONAL ST�1ivDARDS,
h'AIVERS, which d�als saith the fle�il�ilit� afforded to cluster
developments, in c. 2) b5-:
a. bv strikin; out the a�istin� subpara�rzph r,. 2) i.n i.ts
entiret�r and b�� inserting in place there::�f essential.l.�c� the
5ame srerdin� cli��ided into separate clauses; anci
� �_�, `/ �o to
�ADJQUR?�ED SESSION, A,T.M. , CONT. - APRI;L 1, 1991) '
b. by adding the words: "in subparagraph 11.4. 1 relative to the �'
location of off-street parkin; spaces and in subsection 11.6 i
relative to setbacks required for pai�kin� spaces and
driveways.," to appear before the words: ''all �s ti�ey ma,y- apply �
to individual dhellin;s. . . " ; !
so that, as amended, 9. 2. 11 c, 2) ��ill r•ead:
"Zj modify the standards: • i
a) in Table ? for minimum lot area, minimun� lot fronta:ge, I
minimum f�ont yard, rninimt;m side ,y�Lrd, minimum rear 1
yard, maximum E�erceiiia�e of site coverage, and maximum i
hei;ht in stories, tlle pi�o��isions of 7, 1.4 relati�re to �
the number ot dwFllin�s on z loi;, the minimum lot width �
. in subsection 7. 2.2, in subparagraph 11.4. 1 relative to I
the location of off-street parking spaces and in
subsection 11.6 relati��e ' to setbacks requireci for
parkin; spaces and dri�•eways;
all as they may fl�]�I.S� to indivi.dual d�tellings or lots
witi�iil a cluster subclivision oi• a special resid�r,tial ,
developmei�t, and �
b) for the common o��en space requirements in 9.3. 6 for a
special residential deveJ:opment onl}•;
to such standards as ma,y, in the opiT�ion of the SPGA, he
consistent witl-i the design standa�^ds and criteria set for•th in
subpara;raph 9. 4. 8. " '
Discussion and questions and ansh�ers continued.
Followin� a voiee �fote at $:3:i p.m. , the �ic�derator dec:;l�zrecl
�
unanimous passa�e,
- Ar•ticle 31. 2oning By-Lasa; P,�rkin, i�ac.tGrs '
I
a
�tOTIUN: That the ZO111[l,t�'' I3y-I.atis of the "1'owt� be �mended as set forth
in the motion attached to the r•eport of the Pl.annin� E3oard on this �
article. i
R: 35 p.m. Rohert Domnitz, Pl.znni.n; Board, moved that the Report of
t}1P_ Committee be accepted ���d placecl oi� ('il.e.
Followi�ig a voice vote zt 8: �5 p.m. , tiie titoderai:or declared the
, report to l�avz been unanimoi.sl�� acccptcd and plac:ecl on file. ;
8: 35 p,m. Mr, Domnitz continued wit}i the explanation of the moti.on.
�
i
�
Article 31 , Par�k in�' Fact.ors
M O T I O N .
That the Zonino By-Lac, be amencied: '
A. In subnara;raph l.1. 3. ]. . , b�- clel�ti n; L l T1E 6) b. i.n i ts ',
passed ent:irety and b�� r•eciesi�nating tlie. exist.ir�g line 6) c t,o he 6) �
b. ;
see p.468 �
B. In subp�ragraph 11 . 3. 1. : �
in line 7) a. under t}le coltimr� heaclecl TYP[.' OF USF., by addin; I
passed the words: "fast. food, and other� eatin; establishments not
see p.468 other�.�ise cla�.sified" �3fter th�� wor•c:i "Resta�ir�ant`' so tl».t linta �
7 ) a. , as amcndecl, �,i I l rea�l: "Restaul�ant, fa.st food, and i
other eatin� est3hlishmeni�.s ilot otherwise classified" ;
in line 7} a. under the column hea.decl P:1RfiING FACTOKS, b�
strikin; aut "1 per emplovee pl.us 1 �er 4 seats; in CY 1 per �
2 employees plus 1 per 6 seats" and by i.r�serting in pl.ace �
thereoi "1 per 3 seats, or 1/] 5Q s. f< whichev�r is areate���; in
CB 1 l�ei� 5 seats, or 1/200 s. f'. , �.hic�hc�ver is �reatei " ; a.nd
in line 7 ) l�, uncler t,he colum�l head�d TYPE E�F USE, Uy delPtin;
- -
----------------------------__ __-----_ __
7`'0 / �'�'-a-�
es �
�ADJOURNED SESSION, A.T.M. , CONT. - APRIL 1, 1991)
the words: "or fast", so that line 7) b. , as amended, will
read: "Take-out food service" ;
C. In subpara�raph 11.3. 1. in line 7) b. under the column h�aded amended &
Tl'PE OF LSE, �,�hich, as amended by part B of the motion, will. passed
now read: "i) b. Tal:e=out fooc3 �ervice" , tmder the column see below &
headed P�RKIi�G FACTORS 1��- si;rikii�� out; "1 per employee plus 1 p•468
per 5 linear feet of co�.inter spa.cr; in CB 1 per 2 employees
plus 1 per 7 linear feet of aounter space" and by inserting in
place thereof "1 per �0 s. f. , or two spaces, whichevPr i.s
greater; in CB 1 per l00 s. f, or two spa.ces, whiche��r is '
greater"
� D. In subsection 1.3 abtE1�D�IENTS, bv. acicling a new third sente�ice, amended
as follows: see p. 468
"Any Uuildinp permit or sp�cial permit, which was properlysection as amded
issued prior to April 1, 1991 , ��nd which might otherwise be did not pass
subject to the amendment.s dealing with off-street parkin; see p. 468
requirements, which were approved b� Artic].e 31 of tl��e 1991reconsidered
Annual Town biPetin�, shall complv with the 7.,oning By-Laiti �s it P,476
saas in effect in Decemher, 1990,." as passed
E. In subsection 11.3. 2 RULES FUR INTERPRrTATION OF SF..GTIONS P�477
11.3. 1 AND 11.3.3, b�- adding a neca sul-�paragraph }�. , as
follows:
"h. Jr� the czs� c,here the �3oard �f Select.men a�.ithorizPs the passed
��lacement, of' ternporarc� se�st;s on the sir.ie�aa.lk withi.n the see p.468
p>>bl ic ri.;ht of ��av ot sL-re�=ts w:it;hin the CE? disi.rici, i.n
I.exington Center, r�nd such s�ats c�uld l;e interpret:ed to
i_,e an increase in thP number• of seats servi.ng a
restaurant or eati.ng estfibJ ishmenl�,, s�.�ch seats sh��.11 ��oL
��E' COt111tE'.CI towar•d tl�e ofi'-str�eet, pr:irking or 1E��cling
requirements as lon; a.�: tf�et� ar•e seasc�nal. and
`--- t.emporart�. " ;
It wtzs determined that the articles woi.ild be discussed sep�,r�i;ely.
ancl sequentially.
8:45 p.m. Section A was di.scussed.
. 8:46 p.m. Section B s�ias discussed.
8:�7 p.m. Section C was discussecl.
8:57 p.m. Steven Hurley, P8, offered the follo�,ing a.mendment to
Article 31 , Part C: .
�1�TIOv: That the si.ibject matter or: Part. C of the motion
be re-committed tc� t.he Planning Baard .far• re-evaluai.ion amendment to
ancl that: tlie Plannin; 13oard submit a new �.rticle to a part C passed
futur� Town �+�teetang i.f the�� �leem approp.riate.
see below
Discussion pro and con the motiar, i_�nsuec:l wztl� Lhe Chamber of
Commer•ce �nd the Sel.ectmen i.ndic.�tin�,; f'a:�or�, and a majarity of the
.--- Planning Ror,lyd z�ai.nst. �
�
�' F'ollowin� a r�ice ��ote t�t 9:23 p.m. , the �icderator declared
pa.ssage of the amendment offered b�� Air. Ffuile�-.
9: 25 p.m. Section T� s,as clisc;tissed.
Followin.� a series of questior,s on Sectioia D, the �laderator decl�tred
a recess.
9:50 p.m. The Meetin.g s.as called to orcl�r.
9:51 p.m. Martha H'ood, Plannin� Boa2�d, offered the fol.l.qwing
� �� y��-
..�-�---
(ADJOURNED SESSION. �.T.bi. , CONT. - APRIL 1. 1991) i
I
motion:
that part A of Articl.e 31 be amended b�� strikin� out the +
words "prior to" in the first .line and
amendment passed by insert,ing the worcis "between Januar�� 17, 1991., and" I
see below before the words April 1 , 1991. �
Section D as amended so that the f irst l..ine, as amer�elecl, wi7.l. read
did not pass "Any buildin� }�ermit or special permit k�hiah was
see below Properly issued between ,Jar�uar,v 1 i, 19y1 and Apr. il ]., '
-------------- 1991" . (remainder uricl�an�ed ) .
reconsidered and
passed There was further cliscussion of the �mendment. i
p. 477 i
Following a voice vote at 9: 56 ��.m. , the hloderator declared �
passage. of the amendment offered by Dirs. Wobc3. �
�
Sections were voted upon seque�Itiall.y and separately.
Following a �oice vote at 9: 56 p.m. , the ;Noderafior declared
unanimous passage of Section A, �
Following a voice vote at 9: :i7 p.m. , t}ie Moclerator declared
ui-ianimous passa;e of Sectiori B.
Following a voice vote at 9: 77 p.m. � tllP_ A[oderator declared
unanimaus passage of Section C as amended. �
Following a voice vote flt 9: �8 p.m. w,li.ich �afls not i.inanimous, the �
I+ioderator called for a standin� vote on Section I) as amended which
w�as tallied as follows;
Precinct Yes ?�o Abstain
1 9 5
2 11 5
3 ].2 3 � �
4 9 8 ;
5 3 ll ;
6 8 3
7 8 8
8 8 7
9 8 8
, at large 15 7 i
Totals 91 65� �
10:01 p.m. The Atoderator declared that Section D as amencled did not
pass.
10:03 p.m. 5elactman Leo '�icSweeney ser��ecl Nol;ice of Reconsideiati.on
of Sections B K. D.
10:04 p.m. Robert Domnitz, Plannin; Boa��d, served ?votice of
Reconsideration of Section C. '
!
David Williams, Plar.nin� Board contintiieci t.he disci.�ssion �aith Sect.ion
E. r--� I
Fol.lowing a voice vote at 10:07 p.m. , i:h� `ioderator. declare� ,,,� ,
unanimous passage of Section �. �
------------------------------------- �
�
ARTICLE 32. Zonin� By-Law; Cxemptior�s for .1�ric�.iltural lises
41UTIOV: That the ZO111I7�,' B�--L;zc;s �f i.;he Town be amended as set farth �
in the motion attached to tlie report of the Plannin� Board on this !
article.
10:08 p.m. Darid Williams, Planning Board, moved that the Rf�port of
---------- --- -----------------------------_____ __
_ _--- -- -
_--- -------- r------
��o � �`�
(ADJOURNED SESSION, A.T.M. , CONT` - APRIL 1, 1991)
the Committee be accepted and placed on file.
Following a voice vote at ]0:08� p.m. , the Dloderator declared the
report to ha�e .beetl unanimously< accepted and pl�.ced on file.
_ 10:08 p.m. Mr. k'illiams continued hith the explanation of the
motion.
! Article 32, Exemptions for Agricultural Uses
M O T I O N
That the Zoning By-Law be amended: passed
in TABLE 1, PERAiITTED liSES AND DEVELOPniFNT STANllARDS, Line 3, 13, �y see below
adding ai� asterisk after each s,ymbol "SP'°;
in TABLC 1 , PERbiITT�D USES A:�D DEVCLOP�IE;�'T S'PAI�DARDS, Line 3, 1��, by
strikin�; out each s,ymhol "N" and l�y iriserting in place tl�ereof th�
symbol "SP", and aclding an asi;erisk after each symhol "SP" ;
in TABLE 1, PERr1ITTED LSES AND DEVELOPMCATT STANDARDS, subsection 3,
entitled AGRICULTURAL, NATURAL RESOURCE USF'S, b� adding at th�= end
of the section the following: .
" * Y, if the use satisfies al.l� of the rPquirements far the
so-called a;ricultural e�:emptior� i.n Tl�►E State Zoiiing Act,
Cha��ter �OA, Section 3" ;
in Section 2, Definitions, ROr1DSIDE ST�1ND, by s�;riking out "n�i, less
than l�a1f of which (as measured by doil�zr volumc� of an�lual sales)
ha��e beer� produced or grown �,�ithin I,ezin;t.on on land owned b�� the
owner of the st�,nd; " so that: T.he cJef. init..ic�n, as amenr.led, will read:
ROADSIDE STA�'D: T}��e land �nd. the structurey thereon f.or
� the sale of edible farm proclucts, flower.s, fireplace wood,
preserve and simil.ar pr.odt�cts; "
�--� . . . [words deleted: not less than half of which (as
measured h�r ciollar vollime of' annua.l sales} have been
producec, or gro��n c;�ithin Lezin;ton on land or�ned by the.
o�.ner of the stand;
remai.nder of definition: "rio �oocls except plants, f].o��ers
and fireplac�e w�od shall. be stored or� offered for sale
outdoors. "
Followin,g a voice vote at 1Q:09 p, m. , th� hloderal;or clec.l�recl
unanimous passage.
ARTICLE 34. Zoning B,v-Law; Pet Groomirig Services
MOTION: T}�at the Zoning BS�-La�Ys of the 'I'own be amended as set fc�rth
iri the motion attached to the report of' the Planriin� 33oard on this
article.
10: 10 p,m. Presented by Andrew Fri�d.lich, P5.
Martha Wood, Plannin; Board, moved that. the Report of the Committee
be accepted and ��laced on file.
Followin� a ��oice ��ote at J.O: 1Q p.m. , the Moder•ator decYareci t.he
' rFport to ha�-e been unanimousl5- accc.�ptcd and placed on Pile.
�I
�
Article 34 , Pet Grooming Services
passed
M O T I O N see p.470
That the Zoning B�--Law be amended in Secl.ion �1. 2, TAt3LF 1, Permitted
(lses and Devc�lo��ment Standards, Part B, Comrn�rcial Uses, in sub-
section 16, .4ccessor�� lises f'or Commc.rci�l Uses, by insertircg r�. new
line, as follows:
� r ���
ADJOt;RNED SESSION, A.T.hi. , CONT_�AF�RII. 1 1991 �
�
i
"16.13, Pet grooming service, incidental. to a pet accessory store
provided: the pet �rooming is conducted entirely within the �
principal building with no evidence of the existence of the ser� ice '
from the street or any lot line; the �roomin� service is by �
. appointment only; and no pei;s are boardec� overnight. " '�
and under the column in TABLE 1 headed CB, for the Central Business �
district, by insertin; the symbol "Y" and under all other columns in �
TABLE 1, by inserting the s�rmbol "N". !
10: 11 p.m. Saridra Rubenstein, awner of h'arm Hearts, Cold Noses, i
r,ontinued �aith the @`Cp1311at1011, i
10:21 p.m. A1rs. Wood stated that tl�e Plar�nin� Fioard was in favor. I
There was discussion for and against. TI�ere was an i.nc3ication that
this particular motion had been draf't,ed ii� a re�tr.ic,�t;ive marine�� to
meet any ol�jE�ctions t1�ai: mi�ht be c•aised, and that the Plaiznitag �
13oard would c,=ork oi-� a presentatio�i � for next year's meeti�i; to
address other grooming services outsicle of this particular one.
Following a voice vote at 10:33 p.m. , the Moder�tor declared i
unanimous passa;e. ,
------------------------------------- �
10: 33 p.m. Jacquel�-n Smith, C1�iairm�n of t:lie Boarc3 of Selectmen, �
movecl that the meeta.�lg be acl,journ�d unti 1 w'c�dnPsday, .4pril 3, 1�91, �
at 8:00 p.m. , in Car�� Hall .
Following a voice vote at 10: 33 p.m. , 1;1�e �ioderator declared the
meeting to be adjourned.
A true copy. '
I
�ttest: �
�
. �
i
Bei�nice H. Fall ick ,
Town Clerk
• . I
'
I
I
I
�
I
�
;
--- ---------------- T
— ----------
— -- �
� �7 j
ADJOURNED SESSION - 1991 AN�'UAL TUWN MEETING '
APRI� 3, 1991
The meetinb was called to order b�� Moderator �lar�ez�y M. Battin, at
$:00 p.m. , in Cary btemorial Hall.
i
i
A quorum was present. �
;
$:00 p.m. The lIlVocatioi� �aas offered by R�verend Al.fred Mattes,
Church of Our Redeemer (retired) .
-------------------------------------- �
�'
ARTICLE 2. Reports �
8:06 p.m. Martha Fvood, Plannin; Bofird, noted the supplementary �
information supplied hy the Board on Article 31, Parking Factors. I
�
8:08 p.m. Jncquelyn Smit}�, Board of Selectmen, reported on the I
Board's meeting with Senator Havern and the need to postpor�e the
budget articles to wait for possible alternatives. b1rs. Smith mzde
the following motion:
that thP vote which previousl.v passed under Article �� to �
• postpone until Apri.l 22nd articles 4, 5, 12, 1=1 , 22, 25,
26, 27, and 28, be amended to further pastpone saicl
articles until hionday, May 20, 19.91, and that they then i
be taken up sequentially at that time. '!
iFollo�aing a voice vote at 8: 11 p.m. , the A1oderator declared
nostponement to �ta�r 20. '
ARTICLE 35. Zoning By-Law; Private Postal Services ,
M O T I O N
I
Tl��at the Zoning Bz�-Lsw be amencled 1:��- in�erting under 5ection 1.2, � �
TABLE 1, Permitted Uses and D�velopment �tandards, Part B i
Did not Commercial Uses, a new line 7.27, as follows:
pass 1��,�� private postal. service" and under the headings indicatea, the
see p.472 following symbols:
CN CRS CS CB CLO CRO Gbi
� Y '� Y N N N '
I
8: 12 p.m. Presented by Ronald Colwell, P4. �
8: 15 p.m. Roger DuPont continuec3 the e�;planation.
8: 28 p.m. Martha Wood mo�red that i;he re��ort of the Plannin� Board I
on this article be accepted and place on file. F'ollowing a voice
vote at 8:28 p.m, , the hioderator declared the report to have been �
accepted and placed on file. ,
Mrs. k'oocl e�plained wh�- the P7.ann i i�7 Board was oppos�d to this i
particu.lar• l.ocation in the ceriLer•. �
There was discussiorl for and against. �
i
. i
i
�
------ 1---------------------
-- -----.__ ____-
_______-- --;
��a. � -
(ADJOURNED SESSION, A T M , CONT - APRIL 3, 19911
Following a voice vote at 8: �4 p.m. which was not unanimous, the
?�toclerator called for a s�anding �rote wl��ich was talliec� as f'ollows:
Precinct Yes No Abstain
1 2 1g
2 8 g
' 3 1 15
4 Z 1?
_� 5 3 1 Q .
6 , 1 12
7 5 12 '
8 3 11
9 2 17
At large 3 ?�
Totals 30 131
8:=�7 p.m. The Moderator declared that the motioT� offered by Kr.
Colwell did not pass.
ARTICLE 8. Recreation Operations
8:47 p.m. Carolyn Wilson, Chairman ot the Rt�creai:ion Committee,
moved Reconsideration of' Article 8 as passed, '
As passed: That the sum of y7i;,3,902 be appropriated to fund
the operation of the Recreation Depar.tmc.nt to
include funding for tlie school play�rounds, a�id
to ra.ise su�h amount $773,902 be transferred from Reconsidered
the Recreation Enterprise Fund.
-- D1r�s. Wilson explai.ned that without the golf course Recreation Could
not exist as an enterprise funct ai-,d t}1r7,1; t,�lY amenciment offeted bz-
t1r�. h'eS.ss �.hicti had been passed at�c:i wl�iich included fur�d:i.r�g for.
school playgroui�ds sl�oulrl be elimanatecl.
$:52 p.m. Jrzne Pa�ett, :lppropriation Committee, statec3 tha.t the
polic5� and financial implications were ,�s yet undefin�c� and thz�t the
, Committee supported tl�ie recansidci ed mot.iori.
8: 5:3 p.m. The Selectman indicated unanimous suppart as ther•e was no
money in the article and no process iri place to carr,y out tl�ie vote
of Town Meeting.
f3: 54 p.m. Ep}iraim Weiss, P5, stated that he iaas in favor of
r•econsideratian.
�: �� p.m. John Oberteuff�r, School Committee, sta.ted that the
Committee supported recorisicleration.
Followin; a �.inanimous ��oice vote at �3:�5 p.m. , the hioderator
der,lared Town `1eet�n� to be in favor of recor,sideration.
�fotion as offered b�- ht.rs, ��'ilson:
that tl�e motion under Article 8 be amer.ded by
strikino the words "to inclucle fundin� for the amendment
schoo.l pla�-;roiinds" and bS� addin� at the eild the passed
words " , and the Recreation CommitteE a.T�d School
Committ.ee shall. jointlt- sLud�r the possi.bi.lities see below
of consolidaY.in; ii�e ma.inteilznce and operatzon of
all town pla��;rounds �nd report to the 1992
Annual Town bleetirig. "
Following a voice vote at 8:57 p,m. , the Moderator d�clared
unanimous pass�;e of the amended motion as offered hy Mrs, Wilson,
�
,�r�-- 7``f�
�
fADJOURNED SESSION, A.T.b1. , CONT. - APRIL 3, 1991) �
�
As reconsidered and passed:
That the sum of $i73,90? be app.ropriated to fund I
the operation of the Recr�eatiori Depar�tment
playgrounds, and to raise sui:h amount $r73,90? be
transferred from the Recrea.tiori Enterprise Fund,
and the Recreation Committee and Schoal Committee ��,
shall jointl�� studS� tlZe possibili.ties of I I
consolidatin� the maintenance ar�d operation of ; 1
a l l. t o w i� p l a Z r g r o l�n d s a r i c� r e l�o r t t o t h e 1 9 9 2 `-',
rinnual Tokn MePtin;. ,
------------------------------------- �
�
8: 59 p.m. Daniel Greenk�ood, P6, served Notice of Reconsideration on �
Article 35, Private Postal Sertrices.
ARTICLE 3$. �(uzzey Condominiwns Resale
MOTION: that this article l:,e indefinitel,y postponed. I
IP 8:59 p.m. Presented by Eric ytichelson; P5.
Following a voice vote at 8:59 p.m. , the Moderator dec.lared i
unanimous pa�sage.
----- ------------------------------- , '
ARTICLE 39. Alternative Streetliohtin�
b10TIQN; Town Meeting resol�es that the Town will
ag�ressivel�� purs�.ie multi-��ear energ�� ancl mone,y- '
passed savit�g alternatires with the best full-spectrum , -
streetlighting for energy . efficiency ancl �
see p.474 preservation of Lexin7ton's t�wn ch�racter. ,
I
9:00 p.m. Presented by Fred Rosenber.�, P9. �
Explanation jaas �iven by Jonathan Rawle, 9 �4�oocicliffe Road. '
9: 15 p.m. Selectman Marshall .;ave history of the subject.
, There was considerable discussion as to the t,ypes of lights, rental i
of poles, buSr out of electric ser�•ices, costs. '
9:29 p.m. Jane Pa�et;Y,, Appropriat�.io��. Committee, st�ted t.hat a i
majorii;�- of the Committee suppoi�t�cl t;l-,e motion beca�ise o.f longterm
cost. savin;s. Those not in fa�-or w�nted postponement for more
input.
9: 35 p.m. Karen Dooks, Capital Expenclitures Committee, s�ated that
tr�e Committee h�d recei��ed the informatic�n late and had not h�.d i:ime �
to studv i.t.
9:46 p.m. 11y1a �iabat-Zinn, Chn.irman of the Li.ghting Options ;
c;ommittee, stated that there }�acl l�een much cor�fusion and i
misinformaticn and that the Committee wfis in favor of the '
resolution. r I
9:�8 p.m. To�,•n Counsel. , Nc�rman Cohen, �x�lained thflt t}�e moti.��n was I
a i�esolution. The Selectmen �;•oulcf listc>n but tl-�at the resolui:ion �
was tiot bindin;. �
I
9: 52 p.m. Renee Cochin, P7; offered a moti.on to postpone t.his
ar�ticle until after Article 4 , 13udget, had been vot,ed. I
Followin; a ��c�ice vote at 9: 53 p.m. , t.}ie Moder�:Lt:or declarf�d t;he �,
mc�tion to postpone as oif'er�ed b�- �irs. Cor.l�iin had not passed,
Discussion cc�ntinued. Selectmfln �larsl�all emphasized the cost
- ------- -
----- --------------- -r
------- ---------__----_ _.__---___----
����
(ADJOIJRA'ED SESSION A T bt ,^CONT. - :aPRIL 3, 199] �
savings as the primary ob,ject.
10:01 p.m. In anssYer to a question, �1rs. Kabat-Zinn explainc�d. that
. both lights which were an exhibit were higr� pressure sodium li�hts
h�it that the oTle wh.ieh the Li;htin� Options Cc�mm.ittee preferrecl was
color corrected.
, 10:07 p.m. In response to a bud�et question, Selectman Marshall
noted that the �73,000 sa��ings offeiec� b,y conversion had been
� assumed in this year's l�ud;�t article and that the �mount woul�l have
to be found elsewhere.
10: 17 p.m. Paul Hamhurger, P5, offered the fo.l.lowi.ng motion:
� Add before the fi.nal period
��AI]d that Town Meetin; recommends that t;he Board did not pass
of Sel.ectmen not have new non-color-c�o.rrected see below
sod.i.i�m vapor light instal.lecl. "
niscussion continued as to aesti��etics ��iici mone;t% and ��rocedure�..
10:24 p.m. Se].ectman Dlarsha.11. assured Toi,n Meei,in� i;hai; 1;here wa�.�lcl
he no light i»stallation before Article �4 wa.s voted at Town MePti.ng.
10:27 p.m. Margaret' Raw1s, P 4, moved t.he previous c�uestion on the
amendment ancl main motion.
Following a ��oice vote at 10:28 p.m. , the �ioderator declared t}�at
the main motion would be put.
Following a voice vote at 7.0:28 p.m. , the bioderator declared tl�at
t.l�ie amendment off�red h�r Air. Hambifrge�� ]�a.d not pa.ssed. Suffacier�t
mPmbers st.00ci te� dc:,ubt_ the ��ote, anc� i.lie 31oderai:or called fcrr a
star�din� co1;� c,�hich �.as tall.ied as fallo�,�s:
Precinct Xes No ,qbstaSn
1 0 14
2 6 10
3 G 11
4 73 �
, 5 7 8
6 .} ,�
� 14 8 �
8 g g
g `� 10
At lar�e g lg
Totals 73 94
10:31 p.m. The hioderator declared the amendment offered �,y �Ir.
Hamburger not to have passed.
Fo.l.lowing a c-oi.c;e ti�ot� at 10:32 p.m. , the hic�derator. declared t h e
motian offered b�� hir. Rosenl�erg to have passed.
10:33 p.m. Jacquelyn Smith, Chaii^man of' the Board of Selectmen,
; moved that the meetin; be adjotirned until bionda�%, April 8, 1.991 , at
8:00 p.m. , in �ary Ha.11 .
Fol..lowi.n,� a voice �rote �t 10:3�1 ��,m. , t;he �(oderator declared i;Y�e
meet'ing to be adjourned.
A true copy. �
Attest: ��
� _y,,
�..`".c��
Berz�ice H. Fallick
Town Clerk
rr ;:f�
. '
��
ADJOUR,NED SESSION - 199? �,NNU:�L T��iti NIEETING ;
APR1L 8. 1991 j
The meetinb was called to order by �loderator Marger� i�i. Battin, �.t '
8:00 p.m. , in Gary Memorial Hall.
�
A quorum was pr�sent. I
8:00 p.m. The inv�cation �aas offered by Revere:�d Geof�'re�- I�
Rimositis, First Parish Church in Lexinbton. _
8:06 p.m. Anarew Friecilich, F5, urged ToN�n i�eeting Members tc wz°i.t� '
in sup�ort of level funding from the Commonwealth. �
------------------------------------- i
ARTICLE 40. hi.G.L. Chapter 14$, sectior. 26I/f�utoMatic il
Spr�nklers �
MOTION: That the Toc�n acce�t Chapter 26I of Chapter 1�8 of
th� Massachusetts General ?.aws.
passed
see below g��� �.m. Presented by Selectman Leo McSweeney who gav� �ur��:er '
explanation.
g;10 p.m. �lartha t^1ocd, Planninb Boarc?, sta�ed unanimous support.
Followinb a voice vote at 8:13 p.m. , the Moderator declatad
unanimous passage. '
------------------------------------- I
ARTICLE 41. Enhanced 911 Emer;ency Telephone System
MOTION: That the Town accept Chapter 291 of the Acts of �
199G. -
passed
see below g�14 p.m. Presented by Selectman A�cSweeney who si.atedthat the Boarc� i
of Selectmen were unanimous in support.
Chief of Police Paul Furdon respondec� to questions concerning the I
szTstem.
Following a voice vote a� 8:21 p.m. , the Nlod�rator declared
unanimous passa;e.
-------------------------------------
�RT
ICLE 42. Amend General B��-Laws/Expired Dog License F�2 ,
I
MOTION: That 5ection 2 of Article XXVIII of the Genaral
passed By-Laws of the To�+�n of Lexington be amendeci as set forth in
the ar•ticle.
see below
g;22 p.m. Presented by Selectman Eddison.
Followin� a voice vote at $:23 p.m. T �the Moderator cleclared passage.
------------------------------------- ,
ARTICLE 43. M.G.L. �hapter 32, §90G/3/4 Credita�ie Service �
Time �
� I
passed . �QTIO�;+ That tha Town approve the acceptance by the �
Lexing„on Retirement Board of Section �OG 3/4 of Chapter 32 of J I
see below t�le �Iassachusetts General Laws. �
i
8:24 p.m. Presented b� Selectman Ed�ison. ',
8:26 p.m. Comp�rolier John R�an proti'ided fu.rth�r explanation.
Followir.g a voice vote at 8:30 �.m. ; the bioderatar declared �assag�. I
-------------------------------------
_------------------
------ --- ----------- --
------ _--------- -----_ _ _ __ ________ -
�f�� -�
(ADJOURNED SESSION, A.T.Ni. , CONT. - APRIL $, 1991)
ARTICLE 44. M.G.L. Chapter 30B, �5/�10,000 Bid Limit
MOTION: That Section 1 of Article kXII of the General By-
Laws of the Town of Lexington be amended as set forth in the Passed
article. see below
�..., 8:31 A.m. Presen-ted bc Selectman Paul Marshall who proti�ided
� � expl.anation.
'�-}' Fallowing a voice vote at 8:�3 p.m. , the Moderator declared
unanimous passage. '
-------------------------------------
FiRTICLE 45. Transfer of Trust Funds
MOTION: That the Charles Lyman h'eld Fund be transferred to passed
the Lexington Education Foundation.
see below
8:34 p.m. Presented by Dan Fenn, P3. The Fund had been establishad
to support education or a chapel at Westview Cemetery. The current
amount in the fund is $11,152.�5. Mr. Fann explained that -the money
would not be used to support ordinary education expenses for whic��
the school budaet accounts.
$:41 p.m. Selectman Marshall stated the unanimous endorsement of
the Board of Selectmen.
8:42 p.m. David 6villiams, Trustee of P�ablic Trusts, stated that the
Charles Lyman Weld Fund should remain a separate entitz- within the
LEF and that the interest only should be used.
8:42 p.m. Julian Bussgang, P4, served Notice of Reconsi�eration on
Article 43, i�.G.L. Chaptar 32, s.90G/3/4 Creditable Service Ti�e.
� �'ollowing a voice vote at 8:44 p.m. , the Moderator declared passage.
-------------------------------------
ARTICLE 4E. Amend Chapter 215, §8, Acts of 1929/Represent�.tive
Town Nleeting
passed
MQTI4N: That the Selectmen be and they� hareby are
authorized to petition the General Court for an act to amend see below
Section 8 cf Chapter 21b of the �icts of 1929 as amended as set
forth in the article.
8:45 p.m. Presented by Selectman Alarshail.
Fol�owing a voice Erote at 8:45 p.m. , the Moderator declared '
unanimous passaae.
-------------------------------------
ARTICLE 31. Parking Factors
8:5G p.m. Selectman Leo McSweeney moved Recons�deration oi Article
31, Section D, which had failed to pass on April l.
reconsidered
There was considerable discussion as to the specificit�= of the
section as it applied to the needs and processes of the Food as passed
Emporium. p.477
__._.' Both the Board of Selectmen and the Planning Board supp�rted the
Reconsicieration.
Following a voice vote at 9:04 p.m. , the Moderator declared the
Meeting to be in favor of Reconsideration.
There was consiclerable discussion pro and con.
Robert Bowyer, Planning Director, gave expla�ation and stated that
a majority of the Planning Board supported Sectior. D as it had b�er.
amended on April l.
������
(ADJOtit�NEl� SESSION, �1 T �i , �ONT - ?�P�I L 8, 1�91) i
1
g:39 p,m. Fred Rosenberg, �9, moved the question.
9:39 p.m. Followinb a vaice vote as to whether �he ma�n mo�.ion �
should be put, the Moderator declared the main question to be '�e�ore �
the �Ieetznb. i
Followi�lg a �-oice vote at 9:40 p.m. which was not unar.imous, tne
Moderator called for a st�.ndin� vote which was tallied as folloks: 1'-�'
� Precinct Yes No Abs�ain
i
, �
1 15 � �
� 17 2
' �' � 1 �
� 18 1
� 17 i
6 11 1
7 13 � 1
g �0 �
� 14 d �
at lar�e 2� �
Totals 16� 6 2 '�
9:43 p.m. The "�toderator declared �assage of Section D. ,
I
Section D as reco�sidered anG passed:
D, In subsection 1.3 �MEND?YIENTS, by adding a n�w thir�
sentence, as follows: ' I
passed ".�iny building permiz or s�eciai permit, which was properlt-
issued betwe�n January 11, ?991, and Agrii 1, 1991, an�
which might otherwise be subjact to the amendments dealinb
with off-street parking requirements, which were approv�ed
by Article 31 of the 1991 Annual Town Aiestin;, shall compl�� �
with the Zoning Bv-LatiT as it was in effect in December;
i990."
------------------------------------- �
There was considerable discussion as to whetrer the remainder of
those Planninb Board articles on which Notice of Recons�deration had ,
been served should be i�rou�ht up at this time. �'i�h the i�eeting ',
scheduled far r2sumptian in May, procedures for apx�rcval �y tl�e
,�ttorney Generai wo�al�. be �elaved as well. Parliamentar�- a�d
gayernmentai procec+ures were discussed.
�:48 p.m. John Eddison, Board cf Selectmen, moved that the m�etina
be a�journed until Monday, May 20, 1991, at $:QQ p.m. , in Car� I:all.
Discussion of Reconsideration continued. �
9:5I p.m. John Hayward, P5, moveci tY:e question. Following a voice �
vote at 9:57 p.m. as to whether the main question should �e put, the �
�loderator declared the motion to adjourn to be before t��e Meeting. _-�
Followina a voice vote at 3:58 p.m. , tlze Moderator decla�ed tne � i
meetina to be adjourned until Monda�, May 20, 1991, at 5:00 p.m. , in
Carc Hall. �
A true cop�. I
:�ttest:
i
Bernice H. �'aliick, Town C�erk �
�
_ --------
-- ------------------ ------- ------------____ __ __ __
__-__ __----- _._.
�7"' < � r'��.
_..-�•+-��
ADJOURNED SESSION - 1991 ANNUA�. TOWN MEETING
Mf�Y,24, 1 9�1
The meeting was called to order by Modera�Qr Margery M.
Battin, at 8: 09 p .m. , in Cary Memarial Hall .
A quorum was present.
. 8: 09 p.m. The invocation was offered by Reverend Gay
; Godfrey, Hancock United Church of Christ.
-� 8: 11 p.m. The Moderator declared a Formal Recess so^that
State Senator Havern could introduce the National Merit
Scholarship semi-finalists.
8: 14 p.m. The Moderator called the meeting back to
order.
ARTICLE 2 . REPORTS
8: 16 p.m. Jane Pagett, Appropriation Committee, moved
that the Supplement to the Report of the Appropriation
Committee be accepted and placed� on fiie.
Following a voice vote at 8 : 17 p.m. , the Moderator
declared the report to have been accepted and placed on
�ile.
Sheldon Spector commented on the report for Article 26 ,
Miscellaneous School Article.
Renee Cochin , Human Services Committee, moved that the
Report of the Committee be accepted and placed on file.
Following a voice vote at 8 : 18 p .m. , the Moderator
declared the report to have been accepted and placed on
file.
Mrs. Cochin commented on the repor�.
8: 27 p.m. Jacquelyn Smith., �Board of Selectmen , spoke
about Lexington' s renewed rating at the highest possible
level , and` recognized Town Manager Richard Whi�e and the
Town Staff for their efforts .
8: 32 p.m. Richard White, Town Manager, stated a current
anticipation of a $502 ,000 reduction in state aid. He
mentioned the possibility of a, Special Town Meetin� �n
the fall depending upon upcoming s�ate action, If money
is not available as current1y budgeted , there would be
reduced contingencies for all .
ARTICLE 4. OPERATING BUDGET
8: 42 p.m. Selectman Smith made the following motion :
MOTION: That the following amounts be
appropriated for the ensuing fiscal year and be
rai sed i n the tax 1 evy except where a transfer i s
indicated they shall be provided by such a
transfer.
Moderator Margery Battin read the following :
Schools
1100 Public School-Education �8,342,393
8:42 p.m. Lois Coit, School Commi�teE, reviewed the
current operating budget stating that $700 , Q00 exist,s for
�l��� (ADJOURNED SESSION, A.T.M. , CONT. - MAY 2�, 1991)
the remainder of the year as all purchases have been �
delayed as of this past';November . S,he �urther explained �
` the budget process` and' ciecisions ofr the''Committee. ,
9 :03 p.m. Daniel P. Bu'sa, :Jr: , P1 , moved the followinge
MOTION :That line item #1100 be amended �o �
did not pass read: $28 ,485 , 639 �
see below
The Moderator commented that there would be the intent to
transfer money from line item 5400 Lexpress later in I
order �,o add the necessary amount for t,his motion. �r-
9 : 07 p.m. Albert Zabin , School Committee, stated
unanimous opposition to the amendmen�, as did Jacquelyn
Smith , Board of Selectiono
9 : 11 p.m. Jane Pagett stated that the Appropriation �
Committee, did not support the motion .
There was further comment as ta the effect on other
citizens of the Lexpress reduction, the fact that Town
Meeting could not direct the School Committee to spend
money in a specific way , and looking towards further
overrides of Proposition 2 1 /2 .
Following a voice vote at 9 : 19 p.m. , the Moderator
declared the motion offered by Mr. Busa not to have �
carried.
The Moderator continued the reading of- the budget: ;
1200 Regional Vocational Technic�l School 560,515
Assessment
9 : 24 p.m. Nyles Barnert, Minuteman School Committee,
commented that per pupil assessments are higher. � I
: �
The Moderator continued reading the motion : ;
Emplovee Benefits
2110 Contributory Pension Fund 2 , 387 , 752
212Q Non-Contributory Pension 191 ,000
2130 Board of Retirement Expenses 15 ,000
� 2140 Insurance 4,330, 190
Debt Service i
2210 Payment on Funded Debt 1 , 047 , 800
2220 Interest on Debt 681 , 917
2230 Temporary Borrowing 25 , 000
224Q Exempt Debt 1 , 756,000
Public Works Department �
I
3000 DPW Personal Services 2�, 343 , 352 � ;
(Of which $20 , 000 is to be �
transferred from the Parking Meter ',
Fund and $250�, OOQ is �o be � �
transferred from the Cemetery Tr�st �� �
, Funds. )
30�0 DPW General Expenses 2,991 ,710 '
(Of which $146 , 000 is to be
transferred from the Cemetery Trust
Funds. )
and further that the vote under Article 6 of
the Warrant for the September 25 , 1989 ,
Specaal Town Meeting authorizing the Selectmen
to petition the General Court for an Act to
------� ---_ ---- - -.__ ----- --------- ---- --
---- ----_ __ _----�
_ �� �..�
(ADJOURNED SESSION, A.T.M. , CONT. - MAY 20, 1991)
authorize the Town to establYsh a Waste: ;
..
Callectton Enterpr�ise Fund is hereby confirmed
and renewed . )
9 : 35 p.m. Fred Rosenber.g, P9 , raised the question of
street lights. The Town Manager stated the ongoing
negotiation with the possibility of buyout. Karen Dooks,
Capital Expenditu.res, s�ated that buyout after color
, ; conversion would be most economical .
-- 9 :42 p.m. Nancy Adler, P1 , commented on the need for
adop�ion of the Village Circle area for maintenance
needs.
9 : 47 p.m. Nyles Barnert, P4 , commented on the Waste
Enterprise Fund portion �f 3�00. The Home Rule vote
needs to be reaffirmed for the legislature to act this
year.
9 : 50 p.m. Lois Coit, School Committee, responded to
further questions concerning the School line iteme
The Moderator continued:
Public Safetv �
4100 Police Department Personal Services 2 ,474, 134
(Of which $166, 152 is to be
transferred from the Parking Meter
Fund) .. ,
4100 Police Department Expenses � 256 , 528
(Of which $3 ,848 is to be
r— transferred from the Parking Meter
I Fund. )
�� Fire Services
4200 Fire Department Personal Services 2 ,4�12 , 530
4200 Fire Department Expenses 156 , 248
Buildina & Zoninq Insqection
, 4300 Inspection Department Personal Services 151 , 966
4300 Inspection Department Expenses 4,098
Library Services
5100 Library Personal Services 908, 196
5100 Library Expenses 228, 914
5300 Celebrations Committee 9 , 700
5400 LEXPRESS/Transportation '225 , 247
(Of which $80 ,000 is to be transferred from the
Parking Meter Fund. )
Heal th � � � � �%� � �
6110 Health Personal Services 102 , 153
�' 6110 Health Expenses 21 � 224
���i 6120 Visiting Nurse & Community Health 7 , 000
6130 Rabies Clinic 3 , 249
6140 Animal Control Personal Services 24, 242
6140 Animal Control Expenses 5 �25
�
Council on Aqinq
6200 Council on Aging Personal Services 76 , 022
6200 Council on Aging Expenses 101 , 532
Veterans �
6300 Veterans Administration 19 ,021
�� � ��/
(ADJOURNED SESSION, A.T.M. , CONT. - MAY 20, 1991)
�
6300 Veterans Expenses 25 , 670
Human Services . I
. i
6410 Youth Services - 67 , 900 - ;
6420 Service to Developmentally Disabled 10, 670 �
General Government
7110 Selectmen Personal Services 50 , 635
7110 Selectmen Expenses 11 , 200
7120 Town Manager Personal Services 188,334
7120 Town Manager Expenses 12 ,464
;
Town Manac�er Jurisdictional �
7130 Temporary Help & Overtime 33 ,000
7130 Clerical Pool 18,450
7130 Fire & Police Medical 35 ,400
7130 Out of State Travel 5 ,000
7130 General Professional Services 74 , 500
7130 Director of Guides 1 , 500
7130 Tuition & Training & Instate Travel 26 ,500
10: 11 p.m. In response to a question from Cynthia 1
Blumsack, P5 , as to what General Profession Services
covered, the Town Manger stated the line item covers the �
annual audit, consulting fees for Conservation Commission • i
and Public Works, and labor counsel . �
The Moderator continued:
7140 Town Report 6 ,063 �� i
Leqislative � �
�
7210 Appropriation Committee 920 i
7220 Miscellaneous Boards & Committees 6 , 200 ,
and further that the vote ur�der Article 54 of
the Warrant for the 1989 Annual Town Meeting
authorizing the Selectmen to petition the
� General Court for an Act to authori ze �.he Town �
to establish an additional license fee upon �
any operator of a Community Antenna Television j
system within its jurisdiction is hereby '
confirmed and renewed . )
Finance
7310 Comptroller Personal Services 201 , 604 �
7310 Comptroller Expenses 85 ,300
7320 Treasurer/Collector Personal Services 112 ,050 ;
7320 Treasurer/Collector Expenses 13 , 250
7330 Assessors Personal Services 128, 344
7330 Assessors Expenses � :084 j
7340 Data Processing 39 , 000 �
�� i
Staf f . ,� �
�
7410 Legal Fees 140 , 000 �
10 : 15 p.m. Richard Canale, P� , made the following ?
passed motion'
see p.482
That line item 7410 , Legal Fees, be amended to �
read $150 , 000 (of which $10 , 000 is to be ;
transferred from the Unreserved Fund Balance) .
P1r . Canale stated that this amount would be used to
_ _-- -------------
--�---- ----- ------- ---- -------___-------- -______—_______,
�-- —
CONT. - MAY 20, 1991) '""" ""
(ADJOURNED SESSION, A.T.M. , ��� �„
trV..i
support opposition by Waltham and Lexington to the
proposed postal facilities processing site on the
Waltham/Lexington line. :
There was discussion for and against.
10 : 28 p.m. Selectman Dailey: stated the Board's
opposition saying that Town Counsel has familiarized
�i himself with the situation .
�_-- 10 : 29 p.m. Jane Pagett, Appropriation Committee, stated
that a majority of the Committee recommended favorable
action .
There was considerable discussion as to the impact of
this faci 1 ity on the qual ity of Lexington 1 ife, traffic,
support of Waltham, support of� the Conservation �aw
Foundation.
10 : 39 p.m. Selectman Marshall stated that this' money was
being asked of Lexington in order t,o support Waltham's
tax base. He stated that Town Meeting could pass a
resolution to show support but that thE money was not '
necessary.
Following a voice vote at 10 : 46 p .m. , the Moderator '
declared passage of Mr. Canale' s motian.
The Moderator continued the reading :
7410 Lega1 Expenses 35,000
7420 Town Clerk Personal Services 102 , g18
7420 Town Clerk Expenses 2 , 370
7430 Board of 'Registrars Personal Services 1 , 806
7430 Board of Registrars Expenses 32 , 130
7440 Elections/Town Clerk 22 , 5gg
7450 Elections/Selectmen 20 , 300
Communitv Development
7510 Planning Dept. Personal Services 107 , 093
, 7510 Planning Dept. Expens�s 6 , 600
7520 Board of Appeals Personal Services 23 , 941
7520 Board of Appeals Expenses 870
7530 Conservation Commission Personal Services 59 ,461
7530 Conservation Commission Expenses 9 , 325
7540 Historic Districts Commission 3, 150
Following a voice vote at 10: 49 p.m. , the Moderator
declared passage of Article 4.
10:49 p.m. Karsten Sorenson , P5 , served Notice of
Reconsideration on the enti�re article .
--------------------------------------
� 10: 50 p,m. Jacquelyn Smith , Chairman of the Board of
� Selectmen, moved that the meeting be adjourned until , May
�_:
22 , 1991 , at 8:00 p.m. , in Cary Hall .
Following a voice vote at 10 : 50 p,m. , the Moderator
declared the meeting to be adjourned .
A true copy.
Attest: `
Bernice H . Fallick, Town Clerk
� ��
,3��� �
ADJOURNEO SESSION - t991 ANNIlAL TOWN MEETTNG {'
MAY 22, 1991 I
The meeting was called to order by Moderator Margery M. Battin, at
8:00 p.m. , in Cary Memorial Hallo
i
A quorum was present� . ;
8:00 p,m, The invocation was offered by Reverend Brian Dixvn, First I
Baptist Church.
------------------------------------- i� I
ARTICLE 2. REPORTS � I
8:07 p.m. Jane Pagett, Appropriation Committee asked the Moderator '
�
to recognize Ronald Levy of the committee. Mr. Levy stated that {
there would be a symposium this fall on budget and fiscal ma�ters. I
8: 11 p.m. Jacquelyn Ward, Waspam Committee, asked that Matt Foti of
the committee be recognized. Mr. Foti spoke of the delivery of a
sawmill to Waspam, Nicaragua, and contiriued efforts on behalf of the
residents.
8: 14 p.m. Judith Uhrig, Lexington Center Committee, commented on
the installation and dedication of benches in the center and the
continuation of the fund.
------------------------------------- I
�
ARTICLE 5. Salary Adjustments and collective Bargaining �
Settlements I
MOTION: That $287,612 be appropriated for the ensuing '
fiscal year, in addition to those authorized under Article 4
of this warrant, to fund cost items (a) included in collective
passea bargaining a reements reached bet' '
9 ween the Town and employee ,
organizations and (b) resulting from such agreements as they ~� '
see below bear on the Town emp1oyee wage anG salary plan, and that such
amount be raised in the tax levy. � The amount voted is to be `—'� �
distributed among the personal services aceounts as authorized �
by the Board of Selectmen.
8: 17 p.m, Presented by Selectman Smith.
8:20 p.m. Jane Pagett, Appropriation Committee, recommended '
favorable action.
' I
Following a voice vote at 8:20 p.m. , the Moderator declared
unanimous passage. �
-------------------------------------
ARTICLE 12. Reserve Fund
MOTION: That the sum of $250,000 be appropriated for the i
Reserve Fund, and that such amount be raised in the tax levy, '
8:20 p.m. Presented by Selectman Dailey,
passed
8:22 p.m. � Jane Pagett, Appropriation Committee, recommended j
see below favorable action. ,
�
Following a voice vote at 8:23 p.m. , the Moderator declared
unanimous passage. � � � �� i
------------------------------------- �
ARTICLE 14. Unemployment Compensation Fund ;
MOTION: That the sum of $80,000 be appropriated for the
Unemployment Compensation Fund, and �hat such amount be raised i
passed 1n the tax levy, �
see below �
8:24 p.m, Presented by Selectman Dailey.
--------- ----—-
_-----_--- -___ __:
- ----T—
. - � . . ��� ,-,✓e,^,
F..,�t.%.r
(AOJOURNED SESSION, ,4�.T:M., ° CONT. - MAY 22, i991)
8:27 p.m. Jane Pagett, Appropriation Committee, recommended
favorable action.
Following a voice vote at 8:28 p.m., the Moderator declared
unanimous passage.
� ----------- ----------- --------------
ARTICLE 22. Underground Tank Testing �
MOTION; That the sum of $20,000 be appropriated to test
Town owned underground fuel storage tanks, and that such passea
amount be raised in the tax levy:
see below
8:28 p.m. Presented by Selectman Smith.
8:30 p.m. Jane Pagett, Appropriation Committee, recommended
favorable action. .
8:30 p.m. Ronald Gramr�ont. �a�iit�i Fxpenc�itures Committee, stated
approval .
Fire Chief Bergeron commented on the technical expertise required ta
conduct the testing.
Following a voice vote at 8:32 p.m. , the Moderator declared
unanimous passage.
-------------------------------------
ARTICLE 25. Hazardous Waste Collectian
MOTION: That the sum of $40,000 be appropriated for a
contract with a licensed hazardous wastes transport, storage
and disposal company or by other methods to collec� and Passed
dispose of residential hazardous wastes; that such amount be see below
raised in the tax levy; and that the Selectmen be authorized
to select the contractor and to set user fees and take all
other steps necessary to carry out this project.
8:32 p.m. Presented by Selectman Smith.
, Richard Spiers, DPW, reported on the Iiazardous waste program.
8:45 p.m. Jane Pagett, Appropriation Committee, recommended
favorable action.
Following a voice vote at 8:48 p.m. , the Moderator declared
unanimous passage.
ARTICLE 26. Miscellaneous School Article
MOTION: That the sum of $690,000 be appropriated for
remodeling, reconstructing and making ex�raordinary repairs to passed
schoal buildings including the removal pf asbestos, for school
department equipment, and for engineering serviees in see p.485
connection with the installation of an elevator at Lexington
�' High School and at Diamond Middle School ; that to meet the
..._�,
� appropriation the Treasurer with the approval of the Selectmen
is authorizsd to borrow $690,000 under Chapter 645 of the Acts
of 1948 as amended or under G.L.c44,§7 as amended; and that
the Permanent Building Committee is authorized to take all
action necessary to carry out this project; and, in addition,
that $21 ,000 be appropriated for issue expenses and first year
debt service ana tl�a� ��iu �,,�ount be transferred from the
Unreserved Fund Balance. •
8:48 p.m. Presented by Sheldon Spector, Schaol Committee.
�- y��`�
�
(ADJ.OURNED SESSION, A.T.M. , CONT. - MAY 22, 1991) i
�
9:Q5 p.m. Jane Pagett, Appropriation Committee, recommended
favorable action. �
� I
9:06 p.m. Paul Hamburger, Capital Expenditures Committee, stated �
approval .
9:09 p.m. Paul Marshall , Board of Selectmen, stated opposition r
indicating the process had been flawed and that it was unwise to
commit spending for future years at this time.
There was considerable discussion for and against. �
9:36 p.m. John Oberte�.�ffer. Gnc��? .Commit.tee, stated �hat a delay ;
to next year would not make things bet�er, that work needs to be
done during summer vacations and that the School Committee did not
feel the process was flawed.
Comments were made as to the continued need for coordination of
efforts between the "Town" and the School Dep�rtment. �
9:49 p.m, Fred Rosenberg, P9, moved the questiono
Following a voice vote at 9:a9 p,m. , _ the Moderator declared the !
question to be before the Meeting. �
The Moderator called for a standing vote which was tallied as I
follows:
Precinct Yes No Abstain
1 8 5
2 14 3 r
3 14 2
4 18 1 ;
5 10 4
6 11 w �
7 14 3
8 10 7
9 11 7
At large 14 8
' I
�
Totals 124 44
i
9:53 p.m. The Moderator declared passage.
-------------------------------------
ARTICLE 27. Cary Library Roof Repair, Replacement
MOTION: That the sum of $80,000 be appropriated for
passed reconstructing and making extraordinary repairs to the roof
see below of Cary Memorial Library, and that such amaunt be
transferred from the Stabilization Fund, j
I
9:54 p.m. Presented by Selectman Dailey. �
� i
9;55 p.m. Jane Pagett, Appropriation Committee, recommended �
favorable action. i
. i
9:55 p.m. Gloria Holland, Capital Expenditures Committee, stated ;
approval .
i
Following a voice vote at 9:59 p.m. , the Moderator declared
unanimous passage, j
------------------------------------- �
�
---- - ------�--
--- ---- --__- -----
------------ -
��lo �
�ADJOURNED SESSION, A.T.M. , CQNT. - MAX 22; 1991)
ARTICLE 28. Senior High School Fie1d House �oof
MOTION: That the sum of $80,000 be appropriated for
reconstructing and making extraordinary repairs to the Passed
Senior High School FieTd House roof, and that such amount
be transferred from the Stabil.ization Fund. see below
9:59 p.m. Presented by SelecLrrian `Sni�th.
10:05 p.m. Jane Pagett, Appropriation Committee, recommended
favorable action.
10:05 p.m. Nicholas . Cannalonga, _ Capit�l Expenditures Committee,
stated approval .
There were questions as to previous repairs, the current suit
against the vendor, and current repair work.
Fallowing a voice vote at 10:08 p.m. , the Moderator declared
unanimous passage.
10:09 p.m. Karsten Sorensen, P4, moved Recansideration of Article
4, line item 3000, the portion containing the resalution:
3000 DPW General Expenses 2,991 ,710
(Of which $146,000 is to be trans�Ferred from the
Cemetery Trust Funds. )
• reconsideration
and further that the vote under Article 6 of the
. Warrant for tr�e Se�:`�-,'ae�- ���, 19�9, Special Town aia not
Meeting authorizing the Selectmen to petition the prevail
General Court for an Act ta authorize the Town to
establish a Waste Collection� Enterprise Fund is see below
- hereby confirmed and renewed. )
10: 13 p.m. Town Counsel Norman Cohen explained that, as the
Legis1ature had failed to act on a previ�us vote to authorize an act
to petition to allow this type of fund, the vote had �o be
reconfirmed. At some future time Town Meet�ng would need to vote to
actually establish this enterprise fund. '
10: 15 p.m. Selectman Smith stated that the Board of Selectmen
unanimously opposed Mr, Sorensen's motion to Reconsider.
Following a voice vote at 10: 18 p.m. ,>•the Modera�or declared that
Reconsideration did not prevail ,
ARTICLE 47. Use of Funds to Reduce Tax Rate
MOTION: That the sum of $2,500,000 be appropriated to
reduce the tax levy for the fiscal year beginning July 1 , passed
1991 , and that ":ch am:�,i��t he transferred from the
Unreserved Fund Balance. see below
10: 18 p.m. Presented by Selectman Smith who stated that with this
vote there would be $347,844 balance in the fund.
10:20 p.m. Jane Pagett, Appropriation Committee, recommended
favorable action.
Following a voice vote at 10:20 p.m, , the Moderator dsclared
passage.
10:21 p.m. Selectman Smith moved that the Meeting be dissolved.
Following a voice vote at 10:21 p.m, , the Moderator declared the
Meeting to be dissolved. �
A true copy. '�,..�;
Attest: f� '' ' `
f` z..:�-a.-e�L� - �-e�it.
--- -------- --^-------��--
Bernice H. FallickF Town Clerk
�� ���
� �
- �
�i
�
SPECIAL TOWN MEETING - NO'VEMBER 4 , 1991
I
The meeting was called to order bj� Moderator Marger,Y M . j
Bat,tin, at 8 : 00 p . m. , in Cary Memorial Hall . i
A quorum was present .
8 : 00 p . m. The invocation was offered by Reverend Eugene �� �
' Curtin, St . Brigid ' s Church . ' � �
Town Clerk, Bernice Fallick, read the Town Warrant until "�
waived and the Constable ' s Return< �
�
The Moderator explained �rocedures� for the evening . i
8 : 06 p. m, Iris Wheaton spoke for the TMMA and its role
in the site based mana�ement pra�iect for the schools .
-------------------------------------
ARTICLE 1 . REPORTS OF TOWN BOARDS , OFFICERS, COMMITTEES
8 : 1� p. m. Jane Pagett , Appropriation Committee , mov�d
that the report of the committee be accepted and placed
on filee ;
Following a voice vote at 8 : 11 p.m. , the Moderator
declared the report to have been accepted and pkaced I
file .
e �
Mrs , Pagett then presented the report explainin7 that the ;
lor,al aid shortfall was in fact worse that had been
anticipa�ed s�hen the budget had been passed last spring .
She mentioned a Symposium on Lexington Finances ta be '^
held Saturday, November 16 , at Clark Middle School .
8 , 13 p . m . Renee Coehin, Humaia Se;. vices , urged people to �
contribi►te Lo the Human Services Fund which is in �reat
. need . �,
8 : 15 p . m. Paul Marshall , Se.lectman, announced that
compost material is available at the old landfill for use
b5r the community .
-------------------�---------------___ i
i
ARTICLE 2 . REDUCTION OF OPERATING BUDGET ,
biQTION: That the vote passed under Article 4 of the
Warrant for the 1991 Annual Town Meeting be amended by
reducing the amounts appropria�ed under the followin�
line items so that they read �.s follows :
a. Line Item 1110 Public Schopl Education $28 , 272 , 966 '
b. Line Item 2110 Contributory Retirement $2 , 117 , 752
i
�i
The �pprc�pri.atzon Committee re�ort aiven by the Chai.rman � �
undei� Art ic•] e 1 explained the iiePd for this matinn and �
the reasons why i.t shoti�.d }�e s�.i�?Norted. � ;
I
8 : 17 p, m. Presented by Selectm��n Jacquel5rn Smith . �
i
8 : 18 p.m . Town Hanager Richard White presented furtYier I
information on both a and b .
8 : 22 p . m, Lois Coit , School Committ,ee , identified frozen i
budget items and reductions ,�-
Following a voice vote at 8 : 27 p.m. , the Moderator
declared passage .
__.----- -- --------
---------- ---- --------- _
---_ -- ---
�f�� ��=--
�Ci y CJ.
( SPECIAL TOWN MEETING - NOVEriBER 4 , 1991 , cont. )
. ARTICLE 3 . FEES
� r10TI0N: That the Town accept Section 22F of Chapter 4n of
`• the General Laws .
Section 22F. Any municipal board or officer empowered to
issue a license , permit , certificate, or to tender a
service or perform work for a person or class of per�sons ,
may, from time to time , fix .reasonable fees for all such
� icenses , permits , or certi.f. ic�z�es issued pLirsuant to
:���tutes or regulat<ions wher.�ein the entire praceeds of
the fee remain with such issuing czty or �own, and may
fix reasonable charges to b� paid for any services
tendered ar work performed by the city or town or any
department thereof , for any person or class of perssans .
A fee or charge imposed pursuant ta this section
sha11 su�ersede fees or charges already in effect , ar any
limitations an amoun�s p�.aced thereon �ar the same '
service , work , lic�nse , permit or certificate , provided
that this section shall not supe.rsede the provisions of
- chapter six A sections thirty-one through seventy-seven,
chapter eighty, chapter eighty-thi'ee , or chapter one
hundred and �hirty-ei�ht . Th.e fee or charge being
collected immediately prior. to acceptance of this secti.on
for any license , permit , certificate , service or work
('�", will be utilized until a new fee or eharge is fixed under
this section.
�: _
The provisions of this section may be accepted in a
c.a. ty by a vote of the cit.Sr cauncil , with the approval of
the m�yor. i.f so required by law, and in a town by vote of
tl��e town meeting , or by t-ote of tYie ta��*n council in towns
with no town meeting ,
8t27 p,m. Presented by Selectman Jacquelyn Smith, who
stated that the Board of Selectmen unanimously supported
this article .
8 : 32 p . m. Jane Pagett , Appropriation Comma.ttee ,
unanimously recommended favorable action .
There were several questions from Town rfee�ing members to
which Toc��n Counsel Norman Cohen respondeda
£t : �4 p, m. John Hayward , Pr . 5 , c�,lled the guestion.
Fo].iowing a voice vote at. 8 : 4� p. m. as to whether the
qtiestion should be put , t.he Moder��,i:or stated the question
to be before the meeting .
�*�l.l.ocaing a voice vote at 8 : 45 p, ni. , the DioderatQr
dec.lared passage of Art�ic.le 3 ,
8 : =l� P. m, Julian E3�_isU�ang coinmented further on ��the
b�.adget processes a
8 : 45 p.m. Jacquelyn Smith, Chairman of the Board of
Selectmen , moved that the meeting be dissolved .
Following a �Roic.e vate at 8 : �6 p. m. , the Moderator
declared the mee�ing to be dissolved .
A true copy. `
Attest : ��
Bernice H . Fallick, Town Clerk '
��- ��� .
�.
NOTE: The Town Electio�i whi�h pree�ded th� P��sidenti�.1 1'�im�Yi�g i� on ��.ge 494.
� �
I
�WARRANT I'QR, PFtESIDENTIAL_PRIhiARI_LS _I�'l,i?C'1'I_�?�]_-_SEl� WAftI�ANT I?I LF�� �
I
PRESIDE�NTIAL PR.I�i.4RIES ELECTIO:� - TLESll:1r, �L1R.CH 10, 1992 !
In pursuance of the fore;oin; ��arr�ant; the le�al voters of the
Toc,�n of Lexington met in thei r respect:i�, e ��ot.in, pl�ces in saicl
Town of Lexin�'ton on Tuesday, ?�iarch l0, ?9�'% , :�t 7 a.m. #-�
`rhe f'ollo�.�ing place�: ��ere desi�n��r r�c:l ,�s t.l�ie �-oting placPy for !�
the va.ri.ous preci.nc�s: ��recinct Qne, '; .rrin;ton Scho�l; Precinr_t �
Two, �o���man School; Precinct Three, Jo;ias C]_arl:e Aiiddle School ; i
Precinct Co�.ir, Le�in�ton Senior Hi�l-� Scl�;�o] ; Precinct Five, Ca.r�� '
!�lemorial Builcli.n�; Precinc;t Si�, 4iilli.ici Pi�mond jiiddle School ; ;
Pr�=�cinct Seti�en , Jos�pli Estabrool: Schoo] ; Pre-c:inrt Ei;ht, Cet�t:rz�l ,
Fii^e Statio�7; Pr•��cinct Nine, '�1ar•ia Hast. ir;;�'�. S�.li��c�l.
The Election Officers of the ��arious precincts wete assa.�ned
for duty as follows:
i
Precinct One
warclen Eileen Fraclette ;
Clerk Kenneth Smith �
Inspector Audrey Frazer ;
Inspector Virginia k'arner �
Inspector George Jiataft�ti� • �
Iiis��c�ctor Viola t'ikc ;
, Insp�ctor Lois Smitl� '
Precirzci: Two ` I
I
k'arden Elizabeth Clariz } �
r]erk Doi-,na :1lexson �
Ir�sp�ctor Owen Lafle;: ,
I��snect.or Priscill.rx tti-int�: r '
Inspector :\nn1 Alexson
It�spector ftobert Blouin
Inspector �largaret Blo�ain
IPrecinct Three
; Warden Marjorie �todoono I
Clerk �tildred Croilin
Inspector Alice Hopkins
Inspector Lillifln Drury
Inspectc�r Gwendolyn Gr�m
IT�s��ectcar Se,vmour !landel �
Insp�c:tc?r Helen EuarL '
%
. Precinct Four �
!
W<tr•den Gulli hula �
C'le:r�lc Rir,}-�ar•d Crtlti.f�or -1 r ;
] ris�:,cct.or Ruth H:lm] ir� �
Ins�ectoz� G].ad�s 5nycler
Ins��ector• :�lfred Matte�,
Inspector Eleanor Dlat;tes '
�
I rispector• ��'i 11 iam Case}� �
InsE�ect�r Rlymond Fl��Rtl
I
�
-------._---— -----___----- - --------- -----
T___ __--- - ------_---- — --- -__
�----
�f y�r� �-
(Presidential Primaries Election, Tuesda�r, 'March 10, 1992, cont. )
Precinct Fi��e
Hsrden Elizabeth F1�-nn
Clerk 4vinifred Ivestr�r
Inspector ?�tarci.a Carmi.er
Inspector. Dorotl�y GAuthic>r
Inspector Josephine LuthE�r
Inspector �iar•lis Sctlratt�r
� Inspector� Jacqueline hiici�eloti�e
Precinct Six
Warden Cornelius Cronin
C1erk Doroth<< Bogoia
Ir,spector Evel;��n Bel.bzn
Tnspector Calvin Bell�i�i
Inspector Mary CaseS�
Inspector Robei•t Greenway
Inspector William Faulkingham
Precinc�t Seven •
h'arden A. Estelle Sza:ldjesl:i
Cl.erk Nanc3• Hayes • '
Inspector alice Coletta .
, Inspector bSiriam hiiller
Insp�ct;or Eileen C�rpent.er� � '
Inspector F3arbara Davis
Inspector C1ark Co�aen
I17Sp�G`f:02� �icl'io 1 as Hay
Precinct Ei�ht
War•c��n Catherine Jones
Clerk Frank Samu��l
I�ispect,or Philip Pullen
Inspector Olive Samuel
Inspector Elizabeth Sincl<�ir
Inspector Florence hiurra�-
,
Precinct N.ine
Warden John Tavlor '
Clerk Carole Sca].isr- '
Inspector Anne Taylor
IT7S[?@Ctor Janet Lowther
InspecLor Edith Pasteur
lnspec;t��r G�'il1 iqm Simmoii�
, lnspector Barbara Simmor���'
('�` The elect;ion ofPicers wer� sworn t.r, the faithful perforrnfznce
�� o� their duti�s.
�
The poll.s wer� dec.lared o��eti in c�;c:h nreci_nct at 7 �,,m. �t�d
r�mained o�en iantil � p.m, , at ���liich t ' n> >, after dtze notic�, they
were declared closed.
� �91
,
. �
i
Presidential Primaries Election,, Tuescla�-L �1�rch 10, 1J92, cont. )
The total number of registered voters ir� each precinct eligible to
vote as of Februar� 11, 1992, is as fo] ln�.s: ;
i
PRECINCT REGISTERED DEAt E�EF L'�NROI.i:ED IND.VOTER. ;
��OTERS
1 1962 822 323 817 '
2 2153 1018 313 821 1
3 2152 782 �119 950
4 2173 8G� 38(; 922 1
5 2256 829 =�0�} ]023 �
g �03? 851 41G 765
7 2092 865 35•! 873 ;
g 2151 627 �123 900
g 20�8 i71 333 9�4
TOTALS 19019 i629 33"il 8015 2
Recap sheets were delivereu to the Bcard of Registrars
I
in the Comptroller's Office. �
�6% of the registered ��otPrs voted.
I
Tlie Tos�n Clerk ar,d tiZe mernl�ers of the E3o�,rc1 of �
Registrars canvassed the resu.lts as fo.11ow ,: �
� I:
I�
INDEPENDENT VOTERS TOTALS PR1 PR2 PR3 PR4 PR5 PR6 PRT PR8 PRQ
1FOTE GOUNT: 8 1 1 z 2 2 '
PRESYDENT ,
->HOMaR� PIIILLYPS 4 2 2
NO PREFERENCE 3 1 Z
3BRRY BRDNPd 1 Y �
30 GRITZ I �
NILFIAEL S. LEVINSON
� J. QUINN BRISBEN ( �
EARI F. DODGE
ERIK THOKPSON
DARCT G. RICMARDSON
ROBE RT J. SMITH
STATEMAN - Richard M. Stone �
STATEWOMAN
TOwN - Richard M. Stone (
i
i
�
�
�
� ,
i
,I
�
I
I
.._____'-__-__-' . . __-- -_'__""i_____-- '"_'______.___-__'_...-"_"_-_._-___'--"_ �._____._-._""_-___-"._.__._ _.__�_.J
. . . .�_-_ __ . . .
.�r.',--'�'?
:)EMOCRAT ' TOTALS PR1 vRZ PR3 pR4 PR5 aR6 PR7 'PR8 PR9 � �
VOTE �OUNTS 5T02 725 953 691 747 751 738 752 7<3 702 ���
PRES
->PAUI TSONGAS i1T5 530 579 530 58b iT9 573 597 578 523
JERRT �ROWN 800 �0 95 35 82 T8 101 89 94 36
3ILl CLIHTON a16 >4 44 49 46 54 32 39 36 50
RALPH NAOER 15T 26 22 14 15 24 12 18 15 20
NO P REF
TOM HARKIN 35 5 � 4 5 4 4 T 3
22 4 1 2 3 3 i 2 2 4
ROBERT KERREC Z1 5 3 1 1 4 4 2 1
' cUGENE MCG4RfNT i� 2 ? 2 'c 2 1 � 2
LARRY AGRAN
MARIO L'JOMO � "- 3 � 4 1
IYNDON N. �AROUCME 1 z 1 1 2
T 1 3 1 2
GEORGE MCGOdERN Z 1
1
�OROTHII STEV=_NS 1 1
i ?ATR iCK 8UCH4NAN 1 z
�
, $TATE MAN
->DAVID A. PA�EOLOGOS 1310 171 199 199 Z09 240 198 208 208 178
7ENNIS M. KEI,LEHER 1553 195 208 192
MICHAEL J. PRI^vR � 166 157 18S 164 198 1T8
20 59 54 33 �3 46 42 42 43 58
�IARK F, 30HANNOW 3a� 51 �8 37 3Z 39 Z3 33 34 ig
JO� N R1'AN 1
1
ST4TE WOMAN
->PA�RICIA M. �EAL 3746 416 480 398 402 412 40! 399 43Z ti06
:D CASE7 1 1
TONN
->�AVYD L. KAUPMAN 33 1 2 3 3 17 5 Z
-2�OITH SANDT 2T 1 3 2 1 15 4 ' 1
->MARIA COHSTANTINID.S 23 1 1 2 4 9 4
->DAVID R@IN@R 23 1 1 2 2 g z
->ALICE M. PIERCE 18 1 1 1 3 I z 7 ' Z
->SOPHYA HO Y8 1 1 1 7 2
->►1ARGARET SCHWARTZ 3 1 6 � 3 2
->STEPHEN W. D7RAN 16 3 1 Z 3 1 Z . 4
15 1 1 1 b 1 1 6
->,ALFRED MATTES 15 3 1 1 3 z k ' y
•>JOMN t. EODISQN 14 3 2 1 1 1 2
�)�YNTMIA L,. MU�NCH � <
->SUSAN SCMLEIGH FOOTE . 14 3 1 1 1 I 3 q
16 3 2 1 2 1 � 4
->NANCY M. ADLER 13 2 1 1 1
->GORDON E. BAdNES� JR. 13 1 3 4 1
->MARY C. AB EGG 12 2 1 1 2 z �' 2
->MENOT lEE OS30RN 1 4 1
•>'FLIZABETH 8. EOOISON 12 1 z � 1 i 1 4 1
•>M1'RON l. MII�ER 12 1 1 3 1 /
-" �>oERA�p L. A6EGG 1 � 4 !
12 1 3 1 1 1 4 1 �
->IONE D. GARING 12 1 1 1 1 1 2 3
->JACpUf�INE B. DAVISON 12 1 1 1 1 1 2 3 2
�>.SAMUEL 9ERMAV 13 2 1 1 �
->ELEANDR BUSTIN MATTES 11 1 1 i 4 1
->MARION T. COLETTA z 1 3 1 3
->RICHARO I. MIILE� 11 i 3 1 ! i I
ii i i 1 i i z 2 z
->OAN H. FENN� JR. 11 1 Z 1 2 3
->JOHN HAYYARp 20 Z 1 1 1 � �'� ��
->4ARAIN BHATTIA 1p 1 1 2 1 1 3 - '2
, ->JAT R. KAUFM4N 10 1 1 � 1 � 3 1
->GEORGE �. FO�Tc - 3 1
10 1 2 1 1 1 3 �
->PAUL H. CLOUuH 9 1 1 1 1 1 1 3
� �>ELIZABETH C. HAIN@$ 9 1 1 1 1 1 1 j
' �>�EYA M. REINcR 9 1 1 1 1
->SARAH QUEZAD4 9 1 1 1 1 3 1
->4RTHUR OSBORN, JR. g 1 r 3 1
FRANK SONOT 1 1 2 1
Z 2
IAGRENCE KER!JAM 1
TOM GRIFPITNS 1 1
EMILY FRANKOVITCH 1 1
°LIZABETH WALt,IS 1 1
RICMARD NIXON 1 1
JOEI A. AO LER 1 1 1
------_
4LBERT P. ZA3IN 1 1 -f
MARK REINE'R 1
MARCIA STILL. 1 1
9R. G�RE 1 1
S. STLVERMAN 1 1
M. CAMAC 1 1
1
i
,
�� ���
EPUBLICAN TOTALS PR1 PR2 PR3 PR4 PRS PR6 PR7 PRB PR9
I
VOTE COUNTs 2062 �30 179 225 221 232 2b3 215 262 235
PRES • i
->GEDRGE BUSH 1398 150 120 151 156 lb3 Y8Y 138 180 153
PATRICK J. BUGHANAN 496 58 40 S@ 44 54 62 61 54 60 I
NO P REF 8T 8 b 8 13 10 9 S 1 5 10
DAVID OUKE 2� 3 3 4 3 2 4 3 2
PAUL TSONGAS 11 Z 1 1 2 1 1 3 �
JERRY BRONM 3 1 i 3
ROBERT OOLE 1 1
RALPH NADpR 1 1 '
WILIIAM NEID 1 1 �
�_ RICHARD Ma NIXON 1 � ;
STATE MAN �
� ->THOMAS R. NASON 11T4 121 105 111 12i 11T 143 12p 134 199 �
ROBERT MARCELLINO 402 39 28 49 39 50 5� 38 59 4b �
_ , PdUI T50NGA5 1 a
STATE WOMAN
�>HELEN Ae NATLM 1106 122 104 1ZQ 122 131 150 106 lil li0
TOHN
->�THOMAS R. MASON 643 53 59 63 69 71 102 59 83 B4
->CONNIE FOSTER 617 52 60 65 76 65 101 52 7i b6
->MARION E. NUNT 615 46 55 65 62 T5 112 53 7$ b9
-?RDBERT N. COHEN 612 53 52' 76 69 65 9T 4$ T6 76
->MARK E. ROBINSON 599 50 58 62 59 70 43 Sb 86 65
•>DONALD e. NHLTE 597 4b 5�4 ¢� 62 68 lOT 55 82 62
->ELIZABEYH M. FLYNN 594 50 52 Tb 63 b6 96 47 78 66
->NICHflLAS S�INYOSUOS50 593 52 51 65 84 b6 90 69 74 62 '
->'DANIEL J. GREENNDOD 583 43 55 61 60 62 106 54 74 68
�>.MARJORLE D. WELS.S 581 �3 5b fi6 63 62 98 53 76 64
->WILL%AII B. SIMMONS 5t4 4b 51 61 58 T2 105 54 67 62
->.lOHN Ta GUNH1 5T4 46 61 63 57 63 90 45 82 6T
->IELLEN H. MHITE 5b9 47 54 66 58 fi3 100 47 T4 6p
->PRSSCILLA N. MCGRATH 565 69 52 b3 63 b6 94 4T TO 61 !
->CTNTHIA C. CUNMd 560 47 5S bl 57 b5 9I 43 75 66
^>WILLIAM A. B�RNSTEAD 545 4� 54 64 58 61 89 48 62 62 ,
->�LISA$ETH M. IiHITE 541 43 52 61 SS 62 93 47 71 57 '
->DORIS G. OIIYE 53T 42 53 58 56 64 85 46 T2 61 j
->RUTH R. LAFLEY 536 46 54 58 58 59 90 43 71 58
-?RUSSELI W. OLlVE 530 37 49 55 Sb bI 93 4� 72 57 �
->�SCDTT AGMABABIAN 529 64 50 6� 55 65 84 44 65 bi
^>RILHARD Fe CRA'WFDRO 526 50 50 55 55 68 86 43 62 5Y �
->OWEN S. LAFLEY 521 45 56 56 55 59 85 i3 65 57 �
->MILIIAM M. LEVISON 519 42 46 53 S6 55 89 42 68 59
->SALLr J. BUR�ESS 518 39 4a 56 62 58 8� 43 69 SS �
->RAYMOND J. MASSET 51T 41 47 SB 55 59 87 63 b6 62 '
->DAYID S. TABE�ING 517 3f 49 5T 51 63 85 k6 74 58 ' �
->�REED KINGSTON TATIOR 516 38 SO 57 56 63 87 42 66 57
-2:ROBERT V. AGMABABIAN 513 ib 48 58 53 60 83 4Q 6T 58 �
->MARK B. VAfI�DES 513 38 46 59 55 60 84 4T 62 b2 �
->LUANNA E. DEVENIS 512 46 46 57 53 b0 8� S3 62 61
->�SAND"RA S. AGHA8A9IAN 510 i3 i4 bl 53 61 82 41 63 5T �
->DAVIQ d. YAFIAqES 508 37 44 57 54 58 83 49 65 61 �
->AIBERT POIGAR 493 37 i8 56 5� 5T $2 39 63 5T
->JOHN L. DOMRICK i80 37 �7 54 52 55 T9 40 61 55
THADDEUS KOCHINSKI 1 1
PAUI TSONGAS 1 1
� H. ZOBUNDORPER y 1 ,
i
,
/ , �
A true copy: � �:' �
- Attest. � �f � ��
Town Clerk
i
,
i
�
� i
I
� ,
� �
. � �
I
" � _..
-------- --- ------—__�_-----T ----•-------------------. __._J
. �y� �
(WARRANT FOR TOWN ELECTIQN - SEE WARRANT FILE)
TOWN ELECTION - hiARCH 2, 1992
In pursut�nce of the forE�oing w��.; r���nt the le�al voters of the
Town of Lexin�;ton met in their respectir�e votitig places in �ai.d
Town of Lexin;ton on hionday, 4larch 2, 199�, at 7 a,m. •
;
. The following plac�s were c3esigna.ted �,s the voting places for
W the vari.ous precincts: Precinct One, tiarrington School; Precinct
Twc�, Bowman School ; Precinct Three, Joi,�s Clarke Middle School ,
Precinct rour, I:ezi�igton Senior Hi�h School ; Precinct Five, Cary '
Mernarial Buildi.n;; Frecinct Sia, tr'illiam D��mond Middle Schoc,l;
Precinct Seven, JosPph EstaUrook ScY�oo] ; Precinct Ei;ht, Central
Fir�e Station; Pr•ecii�ct Nine, Maria Hasti�l�s School,
The Election Officers of the var� � �s precincts were assigned
for dut,y as follows:
Precinct One
Warden Eileen Fradette
Cterk Grace Campl�ell
Inspector Audre,y Frazer
Inspector Virginia Warner �
Inspecl>or George Kalafatis
Inspector Viola Pil<:e
Inspector Ruth DieLatchy • '
, Precinct Two '
Warden Elizabeth Clarl;e
�` Clerk Donna Alexson
Inspector Kenneth Smith .
�_, Inspector I.ois Smith
Inspector Anna Alexson
Inspector William Simmons
Inspector Barbara Simmons
Precinct Three
Warden Marjorie Modoono
Clerk Aliidred Cronin
Inspector Alice Hopkins
� Inspector Lillian Drury
Inspector GwendoliTn Cram
Inspector Seymour blanclel
Inspector Helen Euart '
Precinct Four
Warden Gialli Iiula
. C1erk Richard Crawford
Inspector R.uth liamlin
Inspector Gl�sdys Snyder
Inspector Alfred Mattes
, Inspector Eleanor Mattes
- Inspector William Casey
� ���
i
�
(Tocan Election,, March 2, 1992, cont. ) �
• Precinct Five ;
Warden Elizabeth Flynn
i
- Clerk Winifred Ivester
Inspector htarci�, Cormier
Inspector porothy Gautl�i.��r
Inspector Josephine Luther
Inspector Philip Pullen
Inspector Priscilla Winter �
Precinet Six ;
Warden Cornelius Cronin
Clerk Dorothy Boggia �
Inspector Evelyn Belbin '
Inspector Calvin Belbin
Ins��ector Mary Casey
Precinct Seven ,
W�rden A. Estelle Szala.jesl:i �
Clerk Nancy Ha,yes I
Inspector Alice Coletta '
Inspector Dtiriam Miller . �
, Inspector Eileen Carpentcr
Inspector Barbara Davis � �
Inspector Aturiel Taylor !
Precinct Ei�ht
. Warden Fr�.nk Samuel i
Clerk Robert Trask �I
Inspector Raymond Flynn �
Inspector Stella Laurendeau
Inspector Olive Samuel �
InsPector Elizabeth Sinclair
Inspector Florence Mt�r�ra� i
, Precinct Nine
WArden JO}l11 Taylor ,
Clerk Carole Scalise '
Inspector Anne Ta�'lor �
Inspector Judith Schuler
Inspector btargaret Blouin �
Inspector Robert Bloui�i ;
. �
Tlle election officers �aere sworil .c the fait}iful performance �
of their duties,
r-- �
The polls were declared open in e.?ach precinct at 7 a.m. and
remained open until. 8 p.m. , at which time, after due notice, �tl��ey {
c.ere declared closecl. ,
I
,
I
�
------------
— - --- ----- ---------
—__ -- -----_ _-_-------;
������
(Town Electioii. Mareh �. 1992, cont. )
' The total number of registered voters in ea.ch precinct
eligible to vote is as follows:
PRECINCT REGISTERED DEM REP IINROLLED IND.VOTER
� VOTERS � � �
1 1962 822 323 817 ,
2 2153 1018 313 821 1
3 2152 782 �11J 950
4 2173 864 386 922 1
5 2256 829 404 1023
6 2032 851 416 765
7 2092 865 354 873
8 2151 827 42'! 900
9 20�8 771 333 9�4
TOTALS 19019 7629 3371 8015 2
Recap sheets were delivered to the Board of. Registra.rs in� the
Comptro�ler's Office.
12 � of the registered voters voted •
The Town Cl�rk and the members of the Board of Re�ist;rars canvassed
the results as follows: �
(See next page)
,
�- ���
�=-7-0NN NI�E TALtY FOR : LOCAI ELECTI�NS
HEID ON: 2-MAR-1992 !
PR-5 TOWN MEETING MEMBERS ,
TOTALS ->�AROI A. LIFF 145 ��
->CHARLES T. VAIt 14: j
VOTE COUNT: 228.7 - >ERIC JAY MICHELSON 14?
->PAUI NE6IMAN 14Z
SELECYMAN -�HOWARD CRAVIS 13_ �
->��q P. MGSWEENEY 1489 ..�pqUl. E. HAMBURG�R 128
�>JAGQUELYN R. SMITH 1469 ->$AMUEI L. POwERS 127 �
->LEONA u. MARTIN 127 !
MOOERATOR JOLLEY ANNE WEINSTOCf� 125 i
->MIlRG ERY M. 8d1TTIt� 1626
SCMOOL CQMMITTEE
->LOIS J. COI� 1383
->JONN A. OB ERTEIlF�ER 1303
PR-b TOWN MEEtING MEMBERS �
PLANNING 80aRD -> A�aN J. �AZaRUS ' 138
->JACQII�LrNE B. DAVISON 1525 -�RQBERT V . VJMITNAN 136
-> SARA F, SCHOMAN 135
hiOUSING AUTHORITV ->JOHN A. O6ERTEUFFER i3� ',
->LEONA W. MARTIN 1413 -�� ATHERINE S. ENGlANO I�1
->MAGD ALENA W, HIMMEt, 128
-> RqSERT H. OOMNITZ 122
PR-1 Y OMlN ME ETING MEMBERS ->PETE R DIAMOND 106 ';
->RQBERT F. NALTON 199 �QYID MILLER , 3 '
->JOSEPH J. DINI 1T3 S�.OTT LEYINGSTOM � 1
->DANZEI P. 3USA , JR. 159 HqwaRO l . �EVINGST7N 2
->JAMES 5. NILSON 158 . �
->BARRY E. SAMPSON 135
->NANCY C. GORDON 119 !
->JOHN P. BR EEN 113 I
->JAME S Aa N ICOLORt3 111 PR-7 T OWN HE ETING MEMBERS
PAUL NESBEDA 101 ->LINDA HOR�ONITZ 101 j
HENRY ZUERNOORFER 3 ->MYRON l.. MILLER 99 '
CATHERZfVc OPAR g -?JOHN Pa A7TANUCCT 95
->RENE E T. GOCHIN 94 9�
. ->THEQDORE D. GHUANG 92
-?GE�R6E A . 3URNELL 89
PR-2 TDWH MEETING MEMB�RS -?NEAL E. BOY�E, JR. 83
->WIL�. IAM W. WELCht, JR. 1 54 ->CLAR K A. C Ou�N 80 80 ,
->KARE N Ae DOIIKS 1 �2 J�HN RIfQN 4 4 1
->ROBERT 41. GUNHA 147 CYNTNIA MUENCH 1 1 j
, ,
->ERIC � T. CLARKE 143
->MYLA KABAT-ZINN ' 136
->JOHN T. CUNNA 127 '
->WI�LTAM S. WIONALL 1Z7
THAOQE�S P . KOCHANSKI 82 Pa-g 7DW�y MEETING MEMBER$ I
->DIANA T. GARCIA 210
->JAY R. KAUFM.4N 246
'� ->JAME S A. OSTEM �p2 �
PR-3 TOWN M� ETING NEMBERS -> ELIZABETH J_ BRYANT 1t38
->ADRI �NN£ 0 . SANTAMARIA 168 ->ALAN MAYER LEVIN� 184 �
->MARY EDNA NEUMEIER 150 ->pENNIS SULI.IVAN 175 '
->MARION C. REILLY 154 ->GORDON R. OSG000 156
, ->MARIL.YN K. MAIRSON 151 CHARtES HORNIG 153
->R08ERT N. GOHEN 142
->MAR.IORZE K . MAOOFF 138
->BRUCE CDLLIER 126 �
FRANCIS W. K. SMITH 1 �4 I
CAROL J. GROOZINS 78 pR-9 TOWN MEETZNG MEM6ER5
�
� ->MARGARET E . COPPE 110 lr
->RICHARD M. PERRY 95
->ELEANOR H. KLAUMINZER88 �� `
->OORZS pO�EY TRAFICANTE87 8T
PR-4 TQNN MEETING MEM8 �R5 -�SUSAN HASTINGS Q�L GRECQ 84
->JULIAN J. BUSS6ANG 237 -��DUISE Y .T . KAVA 82
->RUTN S. THONAS 2z7 ->FRANK J. KAVA ' 8Z
->NANCY M. CANNALONGA 216 ANTHONY GIOSE 1
->LHRI STINA E. COU6HLIN 212 A true copy. �
->JUDTTN J. UHRIG 205 Attest: �� ���
>SANDRA J. SHAW 205 Bernice H. Fallick
->NYLES NAfiNAN BARNERT 197
NIGNOLAS SAN7QSUOSSO 194
____- - _ ------ ------__---r- � ----- --- ---- ---- -------- --- ----- --_ _----�