HomeMy WebLinkAbout1998-03-23-ATM-min 1998 ANNUAL TOWN MEETING - MARCH 23, 1998
The 1998 Annual Town Meeting was called to order by Moderator Margery M. Battin, at
8:00 p.m., in Cary Memorial Hall. A quorum of 180 members was present.
The invocation was offered by Reverend Brian Dixon, First Baptist Church.
The Moderator honored the passing of long -time former town employee Emanuele "Manny'
Coscia, Jr., former DPW Director of Planning and Administration, a 40 year town employee;
William Fitzgerald, a white tricon hat recipient, 40 year Town Meeting member and former
chair of the fire commissioners; and 37 year Town Meeting member, 20 year Lexington
Minuteman Alfred Tropeano.
The Town Clerk, Donna M. Hooper, read the Warrant for the Meeting until waived.
The Town Clerk read the Constable's Return of the Warrant.
The Moderator outlined procedures and conduct of Town Meeting.
ARTICLE 2: REPORTS OF COMMITTEES
8:16 p.m. Selectman Peter Enrich moved that the report of the Town Manager
be accepted and placed on file. Following a unanimous voice vote, the Moderator
declared the report to have been accepted and placed on file.
8:20 p.m. Selectman Peter Enrich moved that the report of the Committee on
Cary Lectures be accepted and placed on file and that the Committee discharged.
Susan Rockwell of the Committee presented the report.
Following a unanimous voice vote at 8:20 p.m., the Moderator declared the report to
have been accepted and placed on file and the Committee discharged.
ARTICLE 3: APPOINTMENTS TO CARY LECTURE SERIES
8:20 p.m. Presented by Selectman Peter Enrich.
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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.
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Following a voice vote at 8:29 p.m., the Moderator declared unanimous adoption of the
motion.
Selectman Peter Enrich moved to take up Article 29 at this time. Following a voice vote the
moderator declared the meeting open under Article 29.
ARTICLE 29: RESCIND UNUSED BORROWING AUTHORITY
8:22 p.m. Presented by Selectman Peter Enrich.
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MOTION: That the unused borrowing authorizations voted under Article 12 of
the Warrant for the 1993 Annual Town Meeting and Article 22 of the Warrant for the
1996 Annual Town Meeting are hereby rescinded.
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Mr. Enrich explained the basis for the unused borrowing authorizations, including removal of
infiltration of ground water into the sewer and bond authorization for the purchase of land at
Woburn Street and Massachusetts Avenue, and stated that the Selectmen recommended
approval.
8:23 p.m. William Kennedy, Capital Expenditures Committee, stated that the Committee
unanimously recommends approval.
8:24 p.m. Paul Lapointe, Appropriation Committee, stated that the Committee
unanimously recommends approval.
Annual Town Meeting March 23, 1998
Special Town Meeting March 23, 1998
Following a voice vote at 8:25 p.m., the Moderator declared unanimous adoption of the
motion.
8:25 p.m. Board of Selectmen Chairman Peter Enrich moved that the meeting be
adjourned until after completion of the Special Town Meeting.
Following a voice vote at 8:25 p.m., the Moderator declared unanimous adoption of the
motion.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
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SPECIAL TOWN MEETING of MARCH 23, 1998
The Special Town Meeting of March 23, 1998 was called to order by Moderator Margery M.
Battin, at 8:30 p.m., in Cary Memorial Hall.
A quorum of 180 members was present.
The Town Clerk, Donna M. Hooper, read the Warrant for the Meeting until waived.
The Town Clerk read the Constable's Return of the Warrant until waived.
ARTICLE 1: PORTABLE CLASSROOMS
8:32 p.m. Ms. Barrie Peltz, Chairman of the School Committee, presented the
following motion:
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MOTION: That the sum of $1,500,000 be appropriated for the purchase
of portable classrooms for the School Department; that to meet this
appropriation the Treasurer with the approval of the Selectmen, is authorized
to borrow $1,500,000 under G.L. c.44, §7; and that the Permanent Building
Committee is authorized to take all action necessary to carry out this project.
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Ms. Peltz explained the need for 13 portable classrooms, situated as follows: three at
Harrington Elementary School, four at Maria Hastings Elementary School, and six at
Diamond Middle School.
Ms. Peltz explained projected enrollment increases over the course of upcoming years.
8:39 p.m. Karen Dooks, Capital Expenditures Committee, reported on Article 1 and
stated that the Committee recommends passage of the Article as the portable classrooms are
needed regardless of any long -term capital plan.
8:40 p.m. Alan Levine, Appropriation Committee, stated unanimous support of the
Committee for approval of this article, explaining that the debt service for this expense will be
primarily felt between the years 2001 to 2005.
8:43 p.m. Peter Enrich, Board of Selectman Chairman, stated the Selectmen unanimously
support this article.
8:44 p.m. Sally Huebscher, pr.5, questioned the usage of classrooms at Clarke Middle
School, configuration of space, and projected enrollment at Clarke.
8:44 p.m. David Kanter, pr.7, questioned the deferral of the purchase of some units.
Special Town Meeting March 23, 1998
8:45 p.m. Ms. Peltz requested John Moynihan, Director of Facilities, Grounds and
Support Services, be recognized. Mr. Moynihan explained that deferral of purchases would
cause a cost increase from 10 -15 %, primarily a remobilization cost.
8:45 p.m. Sheldon Spector, pr.6, questioned the School Department's enrollment
projections and how the actual increases compare to those projected.
8:45 p.m Ms. Peltz reported projected increases and explained that actual enrollment
changes had been within 1 to 2 % of projected changes.
8:47 p.m. Sam Silverman, pr.5, questioned the impact of the portables on long term
building plans.
8:49 p.m. Barrie Peltz explained that the request for portable classrooms and the long-
term capital plan are not related for FY99 and that in the future portables would be needed for
swing space to reduce interruption during any capital project.
8:50 p.m. Marsha Byrnes, pr. 5, asked how many students from the Clarke Middle School
district were attending Diamond Middle School. Ms. Peltz responded that approximately 40
students from the Clarke district were attending Diamond.
8:50 p.m. John Breen, pr. 1, asked if the 6 portable classrooms at Diamond Middle
School would be situated on the athletic field. Ms. Peltz asked the Moderator to recognize
Mr. Moynihan. Mr. Moynihan described the proposed placement of the portables.
As this motion requires a two - thirds vote the Moderator explained that if the vote was not
unanimous a standing vote would be required. Following a voice vote at 8:50 p.m., the
Moderator declared the vote not to be unanimous and called for a standing vote on Article 1,
tallied as follows:
Precinct Yes No
1 13 0
2 16 0
3 19 0
4 13 1
5 15 2
6 16 0
7 16 0
8 13 1
9 13 2
At Large 24 0
TOTAL 158 6
More than the required two - thirds, the motion was adopted at 8:53 p.m.
ARTICLE 2: SUPPLEMENTARY APPROPRIATION AND
LABOR CONTRACT APPROVAL
8:53 p.m. Selectman Chairman Peter Enrich presented the following motion:
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MOTION: That the Town vote to approve the arbitration award relating
to the collective bargaining agreement for fiscal years 1995 through 1997
between the Town and the Lexington Fire Fighters Union, Local 1491,
I.A.F.F., AFL -CIO and that $27,325 be appropriated therefor, and that such
amount be transferred from the Unreserved Fund Balance.
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Mr. Enrich explained the background on the fire arbitration award and expressed unanimous
and wholehearted support of the article by the Board of Selectmen. Mr. Enrich requested the
Moderator recognize Town Manager Richard White.
Special Town Meeting March 23, 1998
Adjourned Session —1998 Annual Town Meeting March 23, 1998
8:55 p.m. Mr. White explained the funding need for the Joint Labor Management Committee
arbitration decision and that the Town had previously appropriated and set aside $227,156 to
cover needs for 1995, 1996, and 1997. The requested $27,325 is required to supplement the
funds previously set aside for these years.
Mr. White further explained that $717,000 had been set aside for increases for union and
nonunion employees for 1995 -1997, including the $227,156. The fire fighters comprise 19%
of the town payroll and received 32% of the increase.
Mr. White urged approval of this requested appropriation and explained that an additional
$100,000 would be requested under Article 5 for FY98 supplemental appropriation for fire
overtime. Mr. White again urged support of these requests.
9:01 P.M. Paul Lapointe, Appropriation Committee, explained the Committee
unanimously recommended this appropriation.
9:02 p.m. Dawn McKenna, pr.9, commented on the handling of the issue and urged
passage of the article.
9:04 p.m. Sheldon Spector, pr.6 urged the Town to move forward.
9:04 p.m. Peter Enrich responded to the concerns of the two previous speakers and
emphasized the need to look forward and not back, further explaining that this had been a
complicated process with an unfortunate history. Mr. Enrich explained that the Board of
Selectmen believes the Town Manager has handled this matter professionally and will
continue to do so, respecting the needs of the Town and the interests of the unions in an
appropriate way.
9:06 p.m. Sheldon Spector, pr.6, questioned the award timing and funding by a possible
transfer from another account.
9:07 p.m. Mr. Enrich responded that the three prior fiscal year's funding which had been
set aside are insufficient and that the issue had been brought to Town Meeting at the first
available opportunity feasible.
Following a voice vote at 9:08 p.m., the Moderator declared the motion adopted.
9:08 P.M. Selectman Chairman Peter Enrich moved the Special Town Meeting of
March 23, 19978 be dissolved. Adopted by voice vote.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
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Adjourned Session —1998 Annual Town Meeting — March 23, 1998
9:08 P.M. Moderator Margery Battin declared the meeting open under the Annual Town
Meeting.
9:08 P.M. Selectman Enrich moved the following:
MOTION: I move that Articles 7, 30, 33 through 39, 41, 46 through 52, 56
through 60 be taken up in that order except that Articles 32 and 40 be taken up as the
first order of business on March 30, Articles 43, 45 and 53 be taken up as the first
order of business on April 6, and thereafter all remaining articles be taken up in their
numerical order except that Article 44 shall be taken up just prior to Article 61.
Adjourned Session —1998 Annual Town Meeting March 23, 1998
Mr. Enrich explained the status of the budget negotiations between the Board of
Selectmen and School Committee and the desire to address the financial articles at the
latter part of Town Meeting. With the progress being made, it is expected that a
satisfactory resolution is forthcoming.
9:12 p.m. Ephraim Weiss, pr. 5, spoke of his displeasure about the motion to change the
order of the articles, commenting that it happens every year.
Following a voice vote at 9:15 p.m. the Moderator declared the motion adopted.
The Moderator declared the meeting open under Article 7.
ARTICLE 7: SUPPLEMENTARY APPROPRIATIONS FOR AUTHORIZED
CAPITAL IMPROVEMENT PROJECTS
9:15 p.m. Donald Chisholm, Recreation Committee, made the following motion:
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MOTION: That the sum of $80,000 be appropriated, in addition to the amount
appropriated under Article 19 of the Warrant for the 1997
Annual Town Meeting, to make improvements at the Town
Pool Complex as determined by the Recreation Committee
with the approval of the Board of Selectmen, and that such
amount be transferred from the Unreserved Fund Balance.
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Mr. Chisholm explained passage of Article 19 of 1997 and the events leading up to
the need for additional funds to complete the proposed project.
9:18 P.M. Dan Busa stated the Board of Selectmen unanimously recommended approval.
9:18 P.M. Shirley Stoltz, Capital Expenditures Committee, stated the Committee
recommended approval.
9:19 P.M. Paul Lapointe, Appropriation Committee, questioned if the FY97
appropriation was from the Enterprise Fund and not the tax levy. Mr. Chisholm explained the
appropriation had been from the Enterprise Fund. Mr. Lapointe expressed support for this
article by the majority of the Appropriation Committee and expressed some concern about the
availability of free cash.
9:20 p.m. Sam Silverman, pr.5, questioned Mr. Chisholm about why this isn't being
funded through the Enterprise Fund. Mr. Chisholm reported on the unavailability of funds
from the Enterprise Fund.
9:23 p.m. David Kanter, pr.7, spoke in support of the activity but expressed his desire
that the Enterprise Fund would fund the request and of his opposition to covering the expense
from free cash.
9:23 p.m. Marita Hartshorn, pr.2, spoke in favor but questioned the request taken that no
Notice of Reconsideration be served.
9:24 p.m. The Moderator recognized Town Manager Richard White. Mr. White
explained that the Town would like to give the contractor reasonable assurance that the
money is there so work can start in the Spring.
9:25 p.m. Frank Sandy, pr.6, spoke about not reconsidering and if this is to be the case
then the funds should be taken out of the Enterprise Fund and not the tax levy.
9:25 p.m. Donald Chisholm, Recreation Committee, explained that Article 21 would be
coming before town meeting and would be seeking use of Enterprise Funds.
9:26 p.m. David Harris, pr.4, questioned previous transfers from the Enterprise Fund for
payment in lieu of taxes.
Adjourned Session —1998 Annual Town Meeting March 23, 1998
9:26 p.m. Town Manager Richard White explained that $50,000 had been previously
transferred from the Enterprise Fund and explained that on page 17 of the Town Manager's
FY99 budget report an appropriation of $1,242,793 from the Recreation Enterprise Fund is
proposed for FY99.
9:27 p.m. Scott Burson, pr.4, questioned if the Recreation Committee had looked at
changing fees to generate these funds. Mr. Chisholm responded that the Committee had not
but that $80,000 represents approximately 40% of the annual cost of running the pool. Mr.
Chisholm requested the Moderator recognize Recreation Director Karen Simmons for further
clarification on revenue.
9:28 p.m. Karen Simmons explained that approximately $200,000 was generated from
operating the aquatics program, expenses approximate $200,000.
9:28 p.m. Bruce Collier, pr.3, opposes funding this request due to being requested to
refrain from reconsideration and exempting this item from being balanced against other
articles.
9:31 p.m. Ephraim Weiss, pr.5, moved that this article be postponed until after
Article 4.
The Moderator explained that this is a subsidiary motion and that there is ten minutes for
debate.
9:32 p.m. Peter Diamond, pr.6, questioned if Town Meeting had the option to
remove $80,000 in lieu of taxes from the Enterprise Fund under Article 4.
9:33 p.m. The Moderator recognized Town Manager Richard White. Mr. White
explained that the budget as proposed does not include payment in lieu of taxes this year.
9:33 p.m. Peter Diamond, pr.6, stated that the funds could be moved out of the
Enterprise Fund later.
9:35 p.m. Paul Lapointe, Appropriation Committee, requested if the motion would be
delayed until Wednesday, March 25 to have two days to bring information forward.
The Moderator requested, with unanimous consent of those present, that Mr. Weiss move to
postpone further discussion on this article until Wednesday evening, March 25
With unanimous consent of all present Mr. Weiss withdrew his previous motion and moved to
postpone further discussion of this article until Wednesday evening the 25
9:36 p.m. Dawn McKenna, pr. 9, spoke about the process and those expenses to be taken
from the tax levy and those from the Enterprise Fund.
9:37 p.m. Sheldon Spector, pr.6, requested that the Appropriation Committee comment
on the fiscal responsibility of the Committee not to serve notice of reconsideration.
9:37 p.m. Following a voice vote the subsidiary motion by Mr. Weiss to postpone further
discussion on Article 7 until Wednesday the 25 was adopted and the Moderator explained
that it will be the first order of business on Wednesday the 25
The Moderator declared the meeting open on Article 30.
Adjourned Session —1998 Annual Town Meeting March 23, 1998
ARTICLE 30: AMEND ARTICLE XXXII OF GENERAL
BY -LAWS — WETLAND PROTECTION
9:38 p.m. Joyce Miller, Conservation Commission, presented the following motion:
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MOTION: That Article XXXII of the General By -Laws be amended by adding to
a new section 8 thereto as set forth in a document filed with the Town Clerk on February 6,
1998.
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To be inserted as Section 8
Upon receipt of a permit application, the Conservation Commission is authorized to
require an applicant to pay a fee for the reasonable costs and expenses borne by the
Commission for specific expert engineering and other consultant services deemed
necessary by the Commission to come to a final decision on the application. The
specific consultant services may include but are not limited to resource area survey
and delineation, analysis of resource area values, including wildlife habitat evaluations,
hydrogeologic and drainage analysis, and environmental or land use law.
The Commission may require the payment of the consultant fee at any point in its
deliberations prior to a final decision. The applicant shall pay the fee to be put into a
separate account established by the Town Treasurer and administered pursuant to the
provisions of Section 53G of Chapter 44 of the Massachusetts General Laws.
The exercise of discretion by the commission making its determination to require the
payment of a consultant fee shall be based upon its reasonable finding that additional
information acquirable only through outside consultants would be necessary for the
making of an objective decision.
Any applicant aggrieved by the selection of the consultant may appeal to the Board of
Selectmen as set forth in Section 53G of Chapter 44 of the Massachusetts General
Laws.
The maximum consultant fee charge to reimburse the Commission for reasonable
costs and expenses shall be according to the following schedule:
Project Cost Maximum Fee
Up TO$500,000 $2,500
$500,001 — 1,000,000 $5,000
$1,000,001 - $1,500,000 $7,500
$1,500,001 — 2,000,000 $10,000
For each additional $500,000 increment in project cost (over $2,000,000), the
maximum consultant fee shall be increased by an additional $2,500.
The project cost means the estimated entire cost of the project, including but not
limited to building construction, site preparation, landscaping, and all site
improvements. The consultant fee shall be paid pro -rata for that portion of the
project cost applicable to those activities within resource areas protected by this by-
law. The project shall not be segmented to avoid being subject to the consultant fee.
The applicant shall submit estimated project costs at the commission's request, but the
lack of such estimated project costs shall not avoid the payment of consultant fee.
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9:38 p.m. Joyce Miller requested the Moderator recognize Conservation Committee
member Phil Hamilton for a presentation on the article and its purpose.
9:43 p.m. Selectman Peter Enrich stated the Selectmen's unanimous support.
9:43 p.m. Paul Lapointe, Appropriation Committee, expressed unanimous support ofthe
Committee for the article.
Adjourned Session —1998 Annual Town Meeting March 23, 1998
9:44 p.m. Ephraim Weiss, pr. 5, questioned the source of a handout on the back table and
the manner in which this by -law is to be inserted as section 8 in the by -laws.
9:50 p.m. Neal Boyle, pr.7, spoke in opposition.
Following a voice vote at 9:52 p.m., the Moderator declared the motion adopted.
9:52 p.m. Planning Board Member John Davies reported under Article 2 on the
distribution of the Planning Board report for upcoming articles to be debated
at next session.
9:53 p.m. Peter Enrich, Chairman of the Board of Selectmen, moved that the meeting be
adjourned until Wednesday, March 25, 1998 at 8:00 p.m., at Cary Memorial Hall.
Adopted by voice vote. 9:53 p.m..
A true copy.
Attest:
Donna M. Hooper, Town Clerk
ADJOURNED SESSION — 1998 ANNUAL TOWN MEETING
MARCH 25, 1998
The March 25, 1998 Adjourned Session of the 1998 Annual Town Meeting was called to
order by Moderator Margery M. Battin, at 8:06 p.m., in Cary Memorial Hall. A quorum of
174 members was present.
The Moderator called the meeting open on Article 2.
ARTICLE 2: REPORTS OF COMMITTEES
8:08 P.M. The Moderator recognized Comptroller John Ryan to present a report
on the Recreation Enterprise Fund. Mr. Ryan reported an unreserved fund balance in
the Enterprise Fund of $256,000 as of June 30, 1997, explaining that expenses
incurred during July and August for the operation of the pool facility would virtually
bring the fund close to a zero balance and provide no funding available to be applied
toward the cost of the proposed pool project.
8:11 P.M. Frank Sandy, pr.6, questioned the relevance of the fund balance at
different points.
8:12 p.m. John Ryan responded to Mr. Sandy's questions regarding fund
availability.
8:15 p.m. Alan Levine, Appropriation Committee, further clarified the status of
the Enterprise Fund balance. The Moderator further inquired about fund availability
for future appropriations at this town meeting.
8:17 p.m. Bruce Collier, pr.3, requested additional clarification on fund balance
which was further clarified by John Ryan.
8:18 P.M. Donald Chisholm, Recreation Committee, further explained expenses
during the months from July to September 1997.
8:20 p.m. The Moderator declared Article 7 before the meeting, and the motion
previously made under Article 7 on March 23, 1998, at this tim.
ARTICLE 7: SUPPLEMENTARY APPROPRIATIONS FOR
AUTHORIZED CAPITAL IMPROVEMENT PROJECTS
8:20 p.m. Donald Chisholm, Recreation Committee, further explained the need
for the requested funds and seeks approval of these funds from the unreserved fund
balance. He also explained that the Committee is no longer requesting that
reconsideration be waived.
8:23 p.m. Selectman Dan Busa expressed unanimous approval by the Board of
Selectmen and urged passage of this article. Mr. Busa also spoke in favor of
supporting pool operations.
8:25 p.m. David Kanter, pr.7, spoke of his support for the pool but that he was
proposing an amendment to the motion.
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AMENDMENT: That the words "that said amount be transferred from the
Unreserved Fund Balance" be deleted and that the following words be substituted
therefor:
"that to meet this appropriation the Treasurer with the approval of the Board of
Selectmen is authorized to borrow $80,000 under G.L.C. 44, §7(25); and further that
debt service on the general obligation bonds or notes issued hereunder shall be paid
from the Recreation Enterprise Fund to the extent funds are available and
appropriated therefrom."
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Adjourned Session —1998 Annual Town Meeting, coot.......... March 25, 1998
8:26 p.m. David Kanter, pr.7, spoke on his amendment.
8:29 p.m. Paul Lapointe, Appropriation Committee, stated that the Committee
unanimously supports the amendment.
8:31 p.m. Donald Chisholm explained that the Recreation Committee has no
compelling argument to disagree, that the Committee is prepared to accept the
amendment, but that the Committee is concerned about the timeframe available to
perform the required work before the pool opening. Mr. Chisholm then explained
that the Committee now would re- insert its request to abstain from serving notice of
reconsideration.
8:35 p.m. The Moderator declared a three minute recess for the Selectmen to
confer.
8:40 p.m. The Moderator called the meeting to order and explained that the
amendment is a majority vote and that the main motion is a 2/3 vote.
8:41 p.m. Dan Busa, Board of Selectmen, explained that although the Board of
Selectmen is intrigued by the amendment the Board is unanimously opposed to the
amendment and supports the main motion.
8:43 p.m. Ira Bernstein, pr.2, questioned the impact on pool fees ifthe expense is
bonded.
8:44 p.m. David Kanter, pr. 7, clarified the amended motion never proposed fees
from only the pool cover this expense but rather all revenue producing activities.
8:45 p.m. Donald Chisholm, Recreation Committee, responded that the 1997
aquatic revenues approximate $240,000 of the estimated $1,200,000 Enterprise Fund
revenue and that possibly an 8% increase in aquatic fees would be required to cover
this expense.
8:46 p.m. Bruce Collier, pr.3, spoke in favor of the amendment.
8:48 p.m. Ephraim Weiss, pr.5, spoke on the fee issue and in favor of the
amendment.
8:48 p.m. Following a voice vote the Moderator declared the amendment
adopted and that the motion as amended was now before the meeting.
8:49 p.m. Joel Adler, pr. 1, questioned serving notice of reconsideration.
8:50 p.m. Paul Lapointe, Appropriation Committee, explained that he will service
notice of reconsideration and bring the article back up on Monday, March 30
8:50 p.m. As this motion requires a two - thirds vote the Moderator called for a
standing vote on Article 7 as amended, tallied as follows:
Precinct Yes No
1 13 3
2 15 0
3 14 3
4 13 3
5 13 0
6 17 0
7 16 0
8 13 1
9 15 2
At Large 17 0
TOTAL 146 12
Adjourned Session —1998 Annual Town Meeting, coot.......... March 25, 1998
8:53 p.m. More than the 2/3 required, the Moderator declared the motion
adopted as amended.
8:54 p.m. Paul Lapointe, Appropriation Committee, served Notice of
Reconsideration of Article 7.
ARTICLE 33: SMALL LOTS
8:55 p.m. Steve Colman, Planning Board, moved that the Report ofthe Planning
Board on Article 33 be accepted and placed on file.
Following a voice vote at 8:55 p.m. the Moderator declared the vote unanimous and
the report to have been accepted and placed on file.
8:55 p.m. Presented by Steve Colman, Planning Board.
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MOTION: That the Zoning By -Laws of the Town be amended as set forth
in the motion attached to the report of the Planning Board and filed with the
Town Clerk.
(MOTION of Planning Board Report):
That the Zoning By -Law be amended:
in Section 7.4.1 Pre - Existing Residential Lots, by striking out the first paragraph and by
inserting in place thereof the following:
"LOT IN SEPARATE OWNERSHIP: In any district a lot, if used for a one - family or two -
family dwelling, which:
1) at the time of recording or endorsement, as shown by the most recent instrument
of record prior to the effective date of the zoning change from which the
exemption is sought, was not held in common ownership with any adjoining
land,
2) had at least 5,000 square feet of lot area and 50 feet of lot frontage, and
3) conformed to the then existing requirements for minimum lot area, minimum
lot frontage, minimum lot width, minimum front yard, minimum side yard and
minimum rear yard,
is not required to comply with the requirements of Table 2 for minimum lot area, minimum lot
frontage, minimum lot width, minimum front yard, minimum side yard and minimum rear
yard, and may be subject to the provisions of subparagraphs 7.4.1.a. and 7.4.1.b. below."
in subparagraph a. AREA AND FRONTAGE EXEMPTIONS, by deleting the first line which
reads:
"prior to March 17, 1924 Any Any"
and in the existing second line by deleting the words: "On or after March 17, 1924 and" so
that the line, as amended, will read: "Prior to March 18, 1929 ..... ", and so that the first part
of the subsection a., as amended, will read:
"a. AREA AND FRONTAGE EXEMPTIONS
Lots laid out and recorded Area at Frontage
by plan or deed least at least
Prior to March 18, 1929 5,000 sq. ft. 50 ft."
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8:56 p.m. Steve Colman explained plans on this article and upcoming
Planning articles, including potential effect on tear -downs in the community and
steps taken to bring Lexington zoning law in conformance with M.G.L. C. 40A.
9:00 P.M. Selectman Peter Enrich stated the unanimous support of the Board of
Selectmen for this article.
9:01 P.M. Mary Haskell, Fair Housing and Human Relations Committee, stated
unanimous opposition of the Committee on this article. Ms. Haskell addressed the
impact of the changes by removing lots which are most affordable as potential
building lots.
Adjourned Session —1998 Annual Town Meeting, coot.......... March 25, 1998
9:02 p.m. Peter Kelley, pr.4, stood in opposition to the proposed changes. Mr.
Kelley questioned if the owners of impacted lots had been given notice
of proposed changes and questioned potential economic impact to the
town's tax base.
9:05 p.m. Sheldon Spector, pr.6, questioned if the impacted lots were found
more in any particular area of the town.
9:07 p.m. Steve Colman explained that the lots are scattered throughout town.
9:07 p.m. Jacqueline Davison, pr.3, spoke in support.
9:08 P.M. Richard Canale, pr.9, spoke in support.
9:09 P.M. Alan Lazarus, pr.6, supported the motion.
9:09 P.M. Ephraim Weiss, pr.5, spoke in support.
9:10 P.M. Loretta Porter, pr.9, questioned restrictions on rebuilding.
9:11 P.M. The Moderator recognized Planning Director Robert Bowyer to
explain by -law restrictions on rebuilding.
9:12 p.m. Martin Long, pr.6, questioned the Planning Board on how much could
be torn down before restrictions are imposed. Mr. Bowyer explained
reconstruction issues Mr. Long continued in discussion on tear -down
and impact of this by -law change, stating that small lots prohibit the
building of modest /small houses on these small lots. Mr. Bowyer
responded that the Town had limited control on the size of houses
built on lots of less than 5,000 square feet.
9:14 p.m. Martin Long, pr.6, stated his opposition to this article.
9:15 p.m. Joel Adler, pr. 1, spoke in opposition to the article, stating its risks
to owners of small properties on building opportunities and the issue
of fairness for these owners.
9:17 p.m. Bruce Collier, pr.3, spoke in support.
9:19 P.M. Ronald Colwell, pr.4, questioned the number of lots classified as
buildable lots.
9:20 p.m. Steve Colman, Planning Board, stated that the number of buildables
is unknown.
9:21 p.m. Kenneth Reich, pr.4, questioned the Planning Board on the number
of lots with less than 50 ft. frontage and the number with more than
3,000 s.f. Steve Colman responded that each was not currently
known..
Mr. Reich stated his support of the motion and recommended
exemption on vacant lots for approval of low and moderate income
building.
9:23 p.m. Elizabeth Whitman, pr.6, moved the question.
Following a voice vote, the Moderator declared the main question
now before the Meeting.
9:23 p.m. Steve Colman stated that the intent of the article is expressed in the
warrant.
Adjourned Session —1998 Annual Town Meeting, coot.......... March 25, 1998
9:23 p.m. As this motion requires a two - thirds vote the Moderator called for a
standing vote on Article 33, tallied as follows:
Precinct Yes No
1 10 9
2 10 6
3 9 9
4 12 4
5 7 8
6 14 3
7 9 5
8 11 4
9 15 3
At Large 15 3
TOTAL 112 54
9:27 p.m. More than the 2/3 required, the Moderator declared the motion
adopted.
9:27 p.m. Robert Cohen, pr.3, served notice of reconsideration of Article 33.
ARTICLE 34: CONVERSION OF ONE FAMILY HOUSES
9:27 p.m. Steve Colman, Planning Board, moved that the Report of the
Planning Board on Article 34 be accepted and placed on file.
Following a voice vote at 9:27 p.m. the Moderator declared the vote unanimous and
the report to have been accepted and placed on file.
9:27 p.m. Presented by Steve Colman, Planning Board.
-----------------------------------------
MOTION: That the Zoning By -Laws of the Town be amended as set forth
in the motion attached to the report of the Planning Board and filed with the
Town Clerk.
(MOTION of Planning Board Report):
That the Zoning By -Law be amended in subsection 5.3 Conversion of One - family
Dwellings:
A. In subparagraph 5.3.2 Conditions and Requirements,. by striking out the existing
subparagraph 5.3.2. b. 2 and by inserting in place thereof the following new
subparagraph 2:
"2. An enlargement or addition to the structure is permitted provided the SPGA makes
a determination that:
a. the architectural character of a detached one - family dwelling is maintained,
and
b. any enlargement or addition to the structure is minor, is consistent, in
general, with the size of nearby one - family detached dwellings and does not
increase either:
1) the site coverage of the existing structure by more than 25 percent, or
2) the total gross floor area of the existing structure by more than 40
percent above the total gross floor area of the existing structure as of
January 1, 1983. (See subparagraph 5.3.2.a.4. above.)
Any increase in the gross floor area constructed since January 1, 1983 shall be included in
the calculation of the percentage increases above.
The additional floor space created shall not be counted toward the requirement of
minimum net floor area as of January 1, 1983, set forth in a.4., above."
Adjourned Session —1998 Annual Town Meeting, coot.......... March 25, 1998
B. In subsection 5.3 Conversion of One - family Dwellings, by adding a new subsection
5.3.4, as follows:
"5.3.4. EXPANSION OF PRE - EXISTING, NONCONFORMING TWO - FAMILY
DWELLING
In accordance with Section 3.3, and where consistent with the objectives set forth in 5.3.1,
the Board of Appeals may grant a special permit to allow the expansion of a pre - existing,
nonconforming two - family dwelling in an RS or an RO district provided the proposed
expansion complies with the conditions and requirements set forth in subsection 5.3.2. to
the maximum extent practicable."
-----------------------------------------
9:27 p.m. Steve Colman, Planning Board, explained the intent of the article was to
"plug a loophole" to allow an owner of single family to turn the building
into two dwelling units.
9:31 p.m. Peter Enrich stated unanimous support of the Board of Selectmen.
9:31 p.m. Sam Berman, pr.3, questioned if the proposed changes were limited to
multiple family dwellings.
The Moderator recognized Planning Director Robert Bowyer to explain
that the amendment occurs in the section of the by -laws which authorizes
conversion of one family dwellings.
9:34 p.m. David Rudner, pr.2, questioned restrictions on future conversions. Steve
Colman explained that a base year is established upon which all action is
governed.
9:35 p.m. Following a voice vote the Moderator declared the motion unanimously
adopted.
ARTICLE 35: TECHNICAL CORRECTIONS
The Moderator announced that she has divided the question in to PART A and
PART B at the request of the Planning Board. Each session will be voted separately.
9:37 p.m. John Davies, Planning Board, moved that the Report of the Planning
Board on Article 35 be accepted and placed on file.
Following a voice vote at 9:37 p.m. the Moderator declared the vote unanimous and
the report to have been accepted and placed on file.
-----------------------------------------
MOTION: That the Zoning By -Laws of the Town be amended as set forth in the motion
attached to the report of the Planning Board and filed with the Town Clerk.
(MOTION of Planning Board Report):
MOTION:
That the Zoning By -Law be amended in various sections, as follows:
Part A - Amendments Related To Calculation Of Gross And Net Floor Area
Amendment Al In Section 2, DEFINITIONS, add the definition:
"ATTIC: A space directly under a sloping roof which is unfinished and which is not
accessible by an approved stairway and is not designed or intended to be used for human
occupancy."
Amendment A2 In Section 2, DEFINITIONS, in the definition BASEMENT, add the
following:
"A basement shall have a floor -to- ceiling height of five feet or greater."
Adjourned Session —1998 Annual Town Meeting, coot.......... March 25, 1998
Amendment A3 In Section 2, DEFINITIONS, in the definition CELLAR, add the
following:
"A cellar shall have a floor -to- ceiling height of five feet or greater."
Amendment A4 In Section 2, DEFINITIONS, add the definition:
"CRAWL SPACE: A space in a building similar to a basement or a cellar which has a
floor -to- ceiling height less than five feet."
Amendment A5 In Section 2, DEFINITIONS, add the definition:
"DECK: An unroofed structure attached to or accessory to a building, constructed on a
structural frame, open under, the top surface of which is elevated above the average level
of the finished grade of the adjoining ground"
Amendment A6 In Section 2, DEFINITIONS, in the definition FLOOR AREA, GROSS,
change the word "floors" in the first sentence to "stories ", so that it reads in part:
"The sum, in square feet, of the horizontal areas of all stories of a ....."
Amendment A7 In Section 2, DEFINITIONS, in the definition FLOOR AREA, GROSS,
after the words "... separating two buildings." insert the following sentence:
"Gross floor area shall also include garages, basements, cellars, porches and half stories,
but shall exclude crawl spaces, attics, and decks."
Amendment A8 In Section 2, DEFINITIONS, in the definition FLOOR AREA, NET,
insert the word "and" before the words "fire escapes" and delete the words "..... which are
unroofed."
Amendment A9 In Section 2, DEFINITIONS, add the definition:
GARAGE: A space in a building designed and intended for the parking or storage of
motor vehicles whether or not used for that purpose.
Amendment A10 In Section 2, DEFINITIONS, in the definition LIVING AREA OF A
ONE - FAMILY DWELLING UNIT, delete the words "..... an attic or ....."
Amendment A11 In Section 2, DEFINITIONS, add the definition:
"PORCH: A roofed structure attached to or accessory to a building, which is open -sided
or screened. The area of a porch shall be measured to the outer face of the posts or other
structure supporting its roof."
Amendment Al2 In Section 2, DEFINITIONS, in the definition STORY, after the words
.....and the floor or roof next above it, but not including ....." delete the words ...... either
a cellar or ....." and substitute the words: ...... a cellar, a crawl space, or ....." so that the
definitions, as amended, will read:
STORY: That portion of a building contained between any floor and the floor or roof next
above it but not including a cellar, a crawl space, or the uppermost portion so contained if
under a sloping roof and not accessible, by an approved stairway, or not designed or
intended for human occupancy.
Amendment A13 In Section 2, DEFINITIONS, in the definition STORY HALF, insert a
comma between the words "STORY" and "HALF ", and add the following sentences:
"The area of a half story shall be the area within which the height from the floor to the
bottom of the rafters is five feet or greater. Where this height occurs at an exterior wall,
the horizontal measurement shall be from the exterior face of such wall."
B. Other Technical Corrections
Amendment A14 In subparagraph 3.1.4.2, in the second sentence, by deleting the word
"By -Law" before the word "regulations" so that the sentence, as amended, will read:
"Such land or structures are subject to [word deleted] regulations concerning the bulk and
height of structures and determining yard sizes, lot area, setbacks, open space, parking and
building coverage requirements."
Adjourned Session —1998 Annual Town Meeting, coot.......... March 25, 1998
Amendment A15 In subsection 7.1.3 by deleting the words "LOTS PARTLY IN
LEXINGTON' and inserting in place thereof the words: "LOTS IN MORE THAN ONE
DISTRICT OR MORE THAN ONE TOWN OR CITY "; and by adding a new second
sentence: "In the case of one lot which is divided by a district line or the municipal
boundary line between the Town of Lexington and an abutting town or city, which is
proposed to be used for a building or use which is not permitted as a matter of right in
both districts or municipalities, such building or use shall comply with the dimensional
standards of Section 7, and Table 2 SCHEDULE OF DIMENSIONAL CONTROLS, as if
that portion of the lot in the district in which such building or use is permitted, were the
lot and the district boundary line were a lot line."
Amendment A16 In subparagraph 7.5.2 STRUCTURES OTHER THAN BUILDINGS,
in the first paragraph, second sentence, by inserting the word: ", (except that a supporting
post may be not more than six feet, six inches in height)," after the words: "six feet ", so
that part of the sentence, as amended, will read: "...a fence or wall not greater than six feet
in height, (except that a supporting post may be not more than six feet, six inches in
height), may be located on, or closer to a lot line than six feet."
Amendment A17 In subsection 7.4.5, in the second paragraph by adding the word
"affect" before the words "size and location ", so that the paragraph, as amended, will read:
"In granting such permit, the Planning Board may include conditions that increase the
minimum yard setback and affect the size and location of dwellings within the
subdivision."
Amendment Alb In subparagraph 9.3.6.5 Two Means of Access for 10 or More Dwelling
Units,
1) By striking out the existing caption and inserting in place thereof the caption "Two
Means of Access ";
2) In the first sentence, by striking out the words "... 10 dwelling units ...." and by
inserting in place thereof: "10 dwellings in a cluster subdivision or a special residential
development or more than 20 dwelling units in an RD, Planned Residential Development,
district" and by striking out the words "... each dwelling unit" and by inserting in place
thereof the words "each dwelling or dwelling unit" so that the sentence, as amended, will
read:
"Where there are more than 10 dwellings in a cluster subdivision or a special residential
development or more than 20 dwelling units in an RD, Planned Residential Development,
district, served by a dead -end street or dead -end interior drive, two means of access
connected to the public street system, suitable for fire- fighting, medical and other
emergency vehicles, shall be provided to each dwelling or dwelling unit."
Amendment A19 In subparagraph 10.3.1, in the second sentence, by adding the words:
"that abuts a residential use" after the words "a non - conforming commercial use in a
residential district" so that first part of the sentence, as amended, will read: "In the case of
a non - residential use in a residential district, or a non - conforming commercial use in a
residential district that abuts a residential use, a landscaped transition and screening area
shall be provided ..."
Amendment A20 In subparagraph 10.3.2, in the second sentence, by adding the words:
"in a non - residential district and" after the words "...of a lot..." so that the sentence, as
amended, will read: "Where any part of the street line of a lot in a non - residential district
and having a non - residential principal use, is determined to be across the street from a
residential district, a screening and transition area shall be provided along the entire length
of the street line."
Amendment A21 In subparagraph 11.3.1, which is the table setting forth the number of
required parking spaces, by redesignating Line 2) I. to be Line 4) b. so that it will read: "4)
b. Medical office, out - patient clinic 1 per 200 s.f.; in CB 1 per 250 s.f. "; and by deleting
line 2) h. which now reads "(deleted 1989 Town Meeting)"
Adjourned Session —1998 Annual Town Meeting, coot.......... March 25, 1998
Amendment A22 In paragraph 11.6.1, in the fourth line, by adding the words: "and
driveway" after the words "parking space" so that clause of the sentence, as amended, will
read: "...each parking space and driveway shall be set back five feet from any side lot line
or rear lot line.... "; and in the table in paragraph 11.6.2, on the line RS, RO, RT, by
striking out the number "8" and by inserting in place thereof the number "5 ".
----------------------------------- - - - - --
9:37 p.m. John Davies explained that Part A, Al -A14 changes are proposed to
clarify the terminology and calculation used for net and gross floor areas.
9:39 p.m. Margaret Rawls, pr.4, questioned the definition of an attic and the impact
of the new definition on an owner's property assessment.
9:40 p.m. Mr. Davies, Planning Board, explained the definition and further expressed
no intent to affect assessments.
9:42 p.m. Andrew Friedlich, pr.5, questioned the intent of the Board of Assessors to
adopt similar language.
Planning Director Robert Bowyer explained that the Assessors have their
own criteria and this is a separate issue.
9:43 p.m. Peter Kelley, pr.4, explained that he would be proposing to change the
measurement in Amendment A2 (basement) from five to seven feet.
9:45 p.m. John Davies, Planning Board, explained that the Planning Board has no
objection in principle to the amendment but that the amendment would
have to be made to A2, A3, and A4 from five to seven feet.
Mr. Kelley agreed to include these sections in the amendment.
9:45 p.m. Eric Michelson, pr. 1, requested a point of information and asked if the
meeting was voting on Part A only. The Moderator confirmed that
Part A only was being acted upon.
9:45 p.m. David Kanter, pr.7, questioned if an amendment would also be needed to
A13. John Davies, Planning Board, responded that that is not applicable.
9:46 p.m. Roger Borghesani, pr.8, questioned the measurement of basement ceiling
heights.
9:47 p.m. Planning Director Robert Bowyer explained that the rule is that the
measurement is from finished floor to finished ceiling, and further
commented that the by -laws are designed to present a coherent set of
definitions covering the gross floor area, net floor area and living area.
9:48 p.m. Peter Kelley, pr.4, moved the following amended motion:
-----------------------------------------
MOTION:
Amendment A2, the number five be changed to seven;
Amendment A3, the number five be changed to seven;
Amendment A4, the number five be changed to seven
-----------------------------------------
9:50 p.m. George Burnell, pr. 7, inquired of the Planning Board as to how the five
foot number was originally determined. John Davies explained that to a
degree the number was arbitrary and that the seven foot number works as
well as the five foot number.
9:51 p.m. George Burnell, pr.7, spoke in favor of the amendment.
9:52 p.m. John Davies, Planning Board, spoke further on the measurement.
9:52 p.m. Anne Ripley, pr.6, questioned a crawl space measured at seven feet.
Adjourned Session —1998 Annual Town Meeting, coot.......... March 25, 1998
9:52 p.m. Peter Kelley, pr.4, further explained the intent of his amendment.
9:54 p.m. Following a voice vote the Moderator declared the amendment adopted.
The Moderator explained that a 2/3 vote would be required on the article
as amended.
9:54 p.m. Fred Martin, pr.7, questioned the intent of the By -Law and how substantial
the changes may be.
9:55 p.m. John Davies, Planning Board, further explained the changes.
9:56 p.m. Following a voice vote the Moderator declared the motion presented under
ARTICLE 35 PART A, as amended, unanimously adopted.
9:57 p.m. The Moderator declared PART B before the Meeting.
10:00 P.M. George Burnell, pr. 8, served Notice of Reconsideration of Article 35,
Section A.
10:00 P.M. Alan Lazarus, pr.6, questioned a point of order on amendment Alb.
10:01 P.M. Robert Whitman, pr.6, questioned the meaning of Al and the rule for
building across boundary lines. The Moderator recognized Planning
Director Robert Bowyer to explain the meaning of Al and further
explained the eligibility for building.
10:04 p.m. David Kaufman, pr.6, stated his confusion from the statement that setbacks
apply to the line which serves the lot. Planning Director Robert Bowyer
explained the restrictions.
10:07 p.m. Anne Ripley, pr.6, questioned A22 and the five foot restriction on
driveways. John Davies, Planning Board, explained the Board's feelings on
the five foot restriction.
10:08 P.M. Following a voice vote the Moderator declared the motion presented under
Article 35 PART B unanimously adopted.
ARTICLE 36: NONCONFORMING PARKING, LEXINGTON CENTER
10:09 P.M. John Davies, Planning Board, moved that the Report of the Planning
Board on Article 36 be accepted and placed on file.
Following a voice vote at 10:09 p.m. the Moderator declared the report to have been
accepted and placed on file.
10:09 P.M. Presented by John Davies, Planning Board.
-----------------------------------------
MOTION: That the Zoning By -Laws of the Town be amended as set forth in the motion
attached to the report of the Planning Board and filed with the Town Clerk.
(MOTION of Planning Board Report):
That the Zoning Bylaw be amended in Section 6.6.1 Existing Nonconforming Parking
Spaces, in the second paragraph, by adding a new subparagraph 3), as follows:
11 3) in the CB, Central Business, district, notwithstanding subparagraph 1), a
restaurant, fast food, or other eating establishment (see parking factor 7) a. in
subsection 11.3. 1) may be substituted for a use with a lower parking factor."
-----------------------------------------
10:09 p.m. John Davies explained the motion on nonconforming parking spaces and the
need to facilitate flexible occupancy of floor space.
Adjourned Session —1998 Annual Town Meeting, coot.......... March 25, 1998
10:13 p.m. David Kanter, pr.7, spoke in opposition to the article and stated that the overall
parking problem must be first addressed.
10:14 p.m. Selectman Peter Enrich stated the Selectmen's support of this article and how
the impact of this change in the by -laws would help to contribute to the vitality
of the center.
10:14 p.m. Ephraim Weiss, pr. 5, spoke in opposition to the motion as he felt it will increase
the demand for parking.
10:15 p.m. Eric Michelson, pr. 1, spoke in opposition, for reasons including the pending
library reconstruction, redesign of depot square, and other issues impacting
parking availability.
10:20 p.m. John Hayward, pr. 5, spoke in opposition and stated the change would strangle
the center.
10:23 p.m. Michael Schroeder, pr.9, served Notice of Reconsideration on
Article 35 Part B.
10:23 p.m. Richard Michelson, pr.8, spoke in opposition and stated there was no need for
more restaurants in town, citing that restaurants are able to out -bid other
merchants on leases.
10:27 p.m. Neal Boyle, pr.7, spoke in opposition and explained current parking problems.
10:28 p.m. H. Bigelow Moore, pr.8, spoke in opposition.
10:29 p.m. Bruce Collier, pr.3, spoke in opposition and reiterated parking problems.
10:30 p.m. Selectman Daniel Busa spoke in favor of the article and how it would impact on
businesses throughout town.
10:32 p.m Daniel Lucas, pr.2, spoke against.
10:32 p.m. Dawn McKenna, pr.9, moved the question.
10:34 p.m. The Moderator asked if the question should now be put. Following a voice
vote the moderator declared the main question now before the meeting.
10:34 p.m. As this motion requires a two - thirds vote, the Moderator called for a standing
vote on Article 36, tallied as follows:
Precinct Yes No
1 0 15
2 1 14
3 1 17
4 6 9
5 6 9
6 2 12
7 2 14
8 2 12
9 4 13
At Large 9 7
TOTAL 33 122
10:38 p.m. Less than the 2/3 required, the Moderator declared the motion not adopted.
10:38 p.m. Peter Enrich, Chairman of the Board of Selectmen, moved that the meeting be
adjourned until Monday, March 30, 1998 at 8:00 p.m., at Cary Memorial Hall.
Adopted by voice vote. 10:38 p.m..
A true copy.
Attest:
Donna M. Hooper, Town Clerk
ADJOURNED SESSION — 1998 ANNUAL TOWN MEETING
MARCH 30, 1998
The March 30, 1998 Adjourned Session of the 1998 Annual Town Meeting was called to
order by Moderator Margery M. Battin, at 8:04 p.m., in Cary Memorial Hall. A quorum of
181 members was present.
The Moderator called the meeting open on Article 2.
ARTICLE 2: REPORTS OF COMMITTEES
8:05 p.m. Selectman Chairman Peter Enrich reported under Article 2 on the
agreement between the Board of Selectmen and School Committee on identifying
action by which the budget gap should be addressed.
Selectman Enrich expressed his gratitude to the School Committee and professional
staff of the municipal and school departments to get to where the town has reached in
addressing the budget shortages.
Mr. Enrich explained that efforts this year have opened some doors for future years.
He also reported on the unusually high amount (estimated approximately $3.9M) of
free cash available for FY99 and addressed the sacrifices made to achieve desirable
budgeted levels, recognizing budgets also address some new initiatives.
Mr. Enrich further identified the means by which the two boards came together in
addressing the problem, in an open and thoughtful process, and that this is a very
good start toward the important work ahead.
8:20 p.m. Mr. Enrich explained that the Selectmen will address issues in more
detail when the financial articles are addressed.
8:21 p.m. Ephraim Weiss, pr.5, questioned Mr. Enrich on how far behind the
Town is in addressing its needs and how much further is it getting.
8:23 p.m. Mr. Enrich reiterated that the cash capital has made progress and the
Town has taken a step toward addressing some of the built -up needs.
8:24 p.m. Sheldon Spector, pr.6, questioned Mr. Enrich on future expectations
that school and town departments would come to a settlement at least
a week before town meeting.
8:25 p.m. Peter Enrich responded that it is a compelling need to address.
8:25 p.m. Peter Diamond, pr. 6, questioned the two boards on the use of debt to
fund street maintenance.
8:25 p.m. Mr. Enrich explained that the Town is not using debt to fund this
expense this year.
8:26 p.m. Eric Michelson, pr. 1, questioned payments in lieu of taxes from the
Water and Sewer Enterprise funds.
8:27 p.m. Peter Enrich explained that the Board had much discussion on
enterprise fund usage and voted to use enterprise funds in the budget.
8:28 p.m. Eric Michelson, pr. 1, questioned obtaining a copy of the Payment in
Lieu of Taxes (PILOTS) report. Mr. Enrich explained that it would
be made available to him.
8:28 p.m. Fred Merrill, Planning Board moved:
-----------------------------
MOTION: That the articles be taken up in the following order:
Article 37, 39, 41, 32 and 40.
-----------------------------
Mr. Merrill explained the reasoning for reorganizing as the Planning Board member
will be out of town.
Adjourned Session —1998 Town Meeting, cont ...................March 30, 1998
Following a voice vote at 8:28 p.m. the Moderator declared the vote unanimous and
motion adopted.
8:29 p.m. Paul Lapointe, Appropriation Committee, moved reconsideration of
Article 7.
Mr. Lapointe explained his reasoning for moving reconsideration so the pool work
may begin, but urged Town Meeting to reject the motion to reconsider.
Following a voice vote at 8:30 p.m. the Moderator declared the motion not adopted.
8:30 p.m. The Moderator declared the meeting open under Article 37 and
explained that the article would be divided and voted upon in 2 parts, PART A & B,
and PART C.
ARTICLE 37: MAXIMUM, MINIMUM PARKING
8:31 p.m. Presented by Anthony Galaitsis, Planning Board.
Anthony Galaitsis, Planning Board, moved that the Report of the
Planning Board on Article 37 be accepted and placed on file.
Following a voice vote at 8:31 p.m. the Moderator declared the vote unanimous and
the report to have been accepted and placed on file.
-----------------------------------------
MOTION: That the Zoning By -Laws of the Town be amended as set forth in the
motion attached to the report of the Planning Board and filed with the Town
Clerk.
(MOTION of Planning Board Report):
That the Zoning By -Law be amended:
A. In subsection 11.3 Number of Parking Spaces, Loading Bays, in subparagraph
11.3.1:
1) In the heading of the second column, by adding the words "or Maximum" so that the
heading, as amended, will read: "Minimum or Maximum Number of Parking Spaces"
and by adding under that line in the heading the following words: "(The factors listed
below shall be the minimum factor unless otherwise stated.)"
2) In the column headed PARKING FACTOR, by striking out the existing wording and
by inserting in place thereof:
a) in line 4) a. Office Uses "minimum 1/300 s.f.; maximum 1/250 s.f."
b) in line 10) a. Manufacturing, research laboratory "minimum 1/700 s.f.; maximum
1 /500 s.f."
B. In subsection 11.8 Exceptions, Special Permits:
1) in subparagraph a. by inserting the words 'DECREASE IN MINIMUM
NUMBER OF PARKING SPACES PROVIDED:" before the first sentence;
2) by redesignating subparagraphs b. through e. and all cross references thereto to be
subparagraphs c. through f. respectively; and
3) by inserting a new subparagraph b., as follows:
"b. INCREASE IN MAXIMUM NUMBER OF PARKING SPACES
PROVIDED:
Where:
1) a maximum number of parking spaces is specified in paragraph 11.3 or
in a Preliminary Site Development and Use Plan, or
Where:
2) a reserve area for potential parking spaces has been designated on a
definitive site development plan previously approved by an SPGA,
the Special Permit Granting Authority may grant a special permit to
construct additional parking spaces where the applicant demonstrates
that the existing parking spaces are insufficient to meet the needs of the
building and uses on the property, as evidenced by use of areas such as
access drives, maneuvering lanes or open space for parking, spillover
parking on streets adjacent to the lot or parking in areas that impede
access to the lot by emergency vehicles."
Adjourned Session —1998 Town Meeting, cont ...................March 30, 1998
C. In subsection 11.3.2 Rules for Interpretation of Sections 11.3.1 and 11.3.3.,
subparagraph d. by adding a new second sentence as follows:
"The method of calculating the number of required parking spaces and loading bays set
forth in the previous sentence shall not apply to an elementary or secondary school."
---------------------------------
8:31 p.m. Mr. Galaitsis explained the intent of Article 37 and limits on parking spaces in
PARTS A & B.
8:37 p.m. Peter Enrich stated the Board of Selectmen's recommendation for approval of
this article.
The Moderator explained that a 2/3 vote is needed and if the vote is not unanimous a standing
vote would be required.
8:38 p.m. Sam Silverman, pr.5, questioned experiences of any other towns in achieving
the desired objectives of these changes.
8:39 p.m. Robert Bowyer, Planning Director, explained that it is a relatively new
concept with not a great deal of experience as yet.
8:42 p.m. Sam Silverman, pr.5, expressed his concern with introducing a new concept
without any information on impact of changes. He further questioned
impacts of surface footprints and second story additions.
8:45 p.m. Albert Zabin, pr. 1, questioned the number of excess spaces in the town and
how any such number would have been derived.
8:46 p.m. Robert Bowyer, Planning Director, replied that there had been no study ofthe
number of parking spaces in establishments employing persons in Lexington.
8:46 p.m. Albert Zabin, pr. 1, spoke in opposition to the article and expressed his
concern of lack of demonstrated need for the change and it being too new to
show benefits.
8:46 p.m. Richard Michelson, pr.8, stated his agreement with Mr. Zabin and further
questioned how it will distinguish between customer and all -day parkers,
explaining that there are too many unknowns to this article and hopes that
town meeting will vote it down.
8:48 p.m. Anthony Galaitsis replied to the concerns of Mr. Zabin and Mr. Michelson.
8:49 p.m. Robert Bowyer, Planning Director, explained that the parking is regulated by
type of use — office building, manufacturing, and industrial uses.
8:50 p.m. Richard Michelson, pr.8, questioned distinguishing customer and all-day
parkers in the same lot.
8:51 p.m. Anthony Galaitsis explained the types of businesses needing to comply.
8:52 p.m. Elaine Dratch, pr.5, explained long -term use of this type of restriction but
spoke of her concern for the power granted to the Special Permit Granting
Authority for exceptions to the by -law change.
8:54 p.m. Kenneth Reich, pr.4, spoke in support of the concept but posed questions on
applying to new construction office park uses and uses in the town center.
Planning Director Robert Bowyer explained there are remote chances of
applying these changes to Lexington center localities, with changes primarily
directed at Hartwell Avenue, Bedford Street, Hayden Avenue and Spring
Street.
8:57 p.m. Kenneth Reich, pr.4, questioned minimum and maximum foot requirements.
Adjourned Session —1998 Town Meeting, cont ...................March 30, 1998
8:59 p.m. Joel Adler, pr. 1, questioned Planning Board efforts to promote car pooling for
town office building employees. Mr. Adler further questioned how many
town meeting members actually carpool and if the motion should be voted up
or down.
9:00 P.M. Anthony Galaitsis, Planning Board, spoke on Planning Board efforts to
support carpooling.
9:00 P.M. Joel Adler, pr. 1, spoke in opposition to the motion stating it posed too much
control and is not thought out.
9:02 p.m. Marjorie Madoff, pr.3, spoke in favor of the article, referencing Hayden
Avenue development and need to exercise control.
9:02 p.m. David Kanter, pr.7, spoke in support.
9:02 p.m. Neal Boyle, pr.7, spoke in opposition, citing too much control of parking.
9:05 p.m. Thomas Diaz, pr.2, spoke in opposition.
9:06 p.m. Anthony Galaitsis explained the article further.
9:06 p.m. Thomas Diaz, pr.2, commented that it appears the maximums are set at too
onerous a level.
9:08 P.M. Ira Crowe, pr.5, spoke in favor.
9:10 P.M. Robert Whitman, pr.8, spoke in support of the article and of his concern of
potential expansion of existing spaces and the need to control future
expansion.
9:12 p.m. Judith Uhrig, pr.4, moved the question on PART A &B.
The Moderator asked if the question should now be put. Following a voice vote the
Moderator declared the main question on PART A &B now before the meeting.
9:12 p.m. As this motion requires a two - thirds vote the Moderator called for a standing
vote on Article 37 A &B, tallied as follows:
Precinct Yes No
1 7 11
2 4 14
3 10 7
4 14 2
5 11 7
6 12 5
7 5 10
8 10 6
9 12 5
At Large 18 2
TOTAL 103 69
9:15 p.m. Less than the 2/3 required, the Moderator declared the motion not adopted.
9:16 p.m. The Moderator declared Article 37 PART "C" now before the meeting.
9:17 p.m. Anthony Galaitsis, Planning Board, explained that PART "C" exempts
elementary and secondary schools and helps to avoid jeopardizing a school
expansion program.
9:19 p.m. Peter Enrich reported the Board of Selectmen's support.
9:20 p.m. Barrie Peltz reported the School Committee's support.
Adjourned Session —1998 Town Meeting, cont ...................March 30, 1998
9:20 p.m. Dawn McKenna, pr.9, offered the following amendment:
----------------------------------
MOTION: Section (C) be amended to insert the word "municipal' before
"elementary" so that the new Motion will read:
In subsection 11.3.2 Rules for Interpretation of Sections 11.3.1 and 11.3.3,
subparagraph d. by adding a new second sentence as follows:
"The method of calculating the number of required parking spaces and loading
bays set forth in the previous sentence shall not apply to a municipal elementary
or secondary school."
---------------------------------------------
9:20 p.m. Ms. McKenna spoke of the need to retain the status quo for non - municipal
schools.
9:21 p.m. Sandra Shaw, pr.4, questioned use of the word "municipal' instead of "public ".
9:21 p.m. Ms. McKenna explained the terminology in the by -laws refers to municipal.
9:22 p.m. Jonathan Lederman, pr. 7, spoke in opposition to the amendment, stating he felt
this was a bigoted amendment and that private schools should be entitled to the
same freedoms.
9:23 p.m. Charles Hornig, pr.8, stated that if the change is needed then it should be
needed for all schools.
9:24 p.m. Nyles Barnert, pr.4, questioned if Minuteman Technology school is covered by
the wording "municipal'. Town Counsel Norman Cohen replied that
Minuteman is a public school and would be considered a Town of Lexington
school.
9:25 p.m. Neal Boyle, pr.7, spoke in opposition to the amendment, viewing it
discriminatory.
9:26 p.m. Paul Chernick, pr.6, spoke in favor of the amendment but expressed a need for
the Planning Board to look at the broader issues.
9:28 p.m. Eric Michelson, pr. 1, questioned if there is a mechanism for the public schools
to go before the Board of Appeals. Planning Director Robert Bowyer explained
that the mechanism is by request for a Special Permit.
9:30 p.m. Robert Bowyer explained that the public schools are preexisting non-
conforming in terms of parking.
9:31 p.m. Eric Michelson, pr. 1, questioned how the process for the schools differs from
that of Cary Library.
9:31 p.m. Robert Bowyer explained that a variance on parking requirements is the
method.
9:32 p.m. Frederick Merrill, Planning Board, reported that the four (4) Planning Board
members present voted in favor of the amendment.
9:32 p.m. Robert Whitman, pr.8, stated that there is a difference in the way municipal
schools and private schools are treated in the Town, with more oversight being
given to the public.
9:33 p.m. Ephraim Weiss, pr.5, spoke in support of the amendment, stating that private
schools are different from municipal.
9:34 p.m. Ira Bernstein, pr.2, commented that public schools must expand with expanding
enrollment.
Adjourned Session —1998 Town Meeting, cont ...................March 30, 1998
9:34 p.m. Following a voice vote the Moderator declared the amendment adopted and that
the motion as amended was now before the meeting.
9:35 p.m. Frank Sandy, pr.6, spoke on requirements to be imposed on municipal schools.
9:36 p.m. Anthony Galaitsis stated that the schools will be required to have 2 spaces per
classroom.
9:36 p.m. Frank Sandy, pr.6, further questioned where in the motion the requirements
were stated.
9:36 p.m. Robert Bowyer explained the wording covering the municipal schools.
9:37 p.m. David Kanter, pr.7, moved the question.
9:37 p.m. Following a voice vote the Moderator declared the main motion, as amended,
now before the Meeting.
9:38 p.m. As this motion requires a two - thirds vote the Moderator called for a standing
vote on Article 37 PART C as amended, tallied as follows:
Precinct Yes No
1 16 3
2 17 1
3 12 6
4 14 0
5 14 4
6 17 0
7 10 3
8 12 3
9 17 0
At Large 18 2
TOTAL 147 22
9:41 p.m. More than the 2/3 required, the Moderator declared the motion adopted as
amended.
9:41 p.m. Kenneth Reich, pr. 4, served Notice of Reconsideration on Article 37
PART A & B.
ARTICLE 38: TRANSPORTATION DEMAND MANAGEMENT
9:42 p.m. Anthony Galaitsis, Planning Board, moved that the Report of the Planning
Board on Article 38 be accepted and placed on file.
Following a voice vote at 9:42 p.m. the Moderator declared the vote unanimous and
the report to have been accepted and placed on file.
9:42 p.m. Presented by Anthony Galaitsis, Planning Board.
-----------------------------------------
MOTION: That the Zoning By -Laws of the Town be amended as set forth
in the motion attached to the report of the Planning Board and filed with the
Town Clerk.
(MOTION of Planning Board Report):
That the Zoning By -Law be amended in Section 12.TRAFFIC, in paragraph
12.1.2 , in the first sentence,
1) by adding the words: "or renovation" before the words: "...of an existing building"
so that the sentence, as amended, will read: "No building permit shall be granted
for the erection of a new building or the enlargement or renovation of an existing
building with the result that..."
Adjourned Session —1998 Town Meeting, cont ...................March 30, 1998
2) by adding a new subparagraph 3) as follows:
"3) the number of parking spaces is increased by 25 or more and there are
50 or more parking spaces, including any existing parking spaces, on
the lot,"
so that the subparagraph, as amended, will read in part:
"12.1.2 No building permit shall be granted for the erection of a new building or
the enlargement or renovation of an existing building with the result that:
1) there are 10,000 square feet or more of gross floor area on the lot, including any
existing floor area, but not including any floor area devoted to residential use or
to off - street parking,
2) there are 50 or more dwelling units, or their equivalent, in a development,
including any existing dwelling units, or
3) the number of parking spaces is increased by 25 or more and there are 50 or
more parking spaces, including any existing parking spaces, on the lot
unless a special permit with site plan review has been granted and the SPGA has made
a determination that the streets and intersections affected by the proposed
development have, or will have, as a result of traffic improvements, adequate
capacity, as set forth in subsection 12.3, to accommodate the increased traffic from
the development."
---------------------------------------
9:43 p.m. Anthony Galaitsis explained the concept of Article 38 as well as traffic
capacity tests.
9:46 p.m. Peter Enrich reported the Board of Selectmen's support of this article.
9:46 p.m. Sheldon Spector, pr.6, questioned action taken by a company on Maguire
Road and its increase in the number of parking spaces.
9:46 p.m. Mr. Galaitsis further explained the issues.
9:48 p.m. Following a voice vote the Moderator declared the vote unanimous and the
article adopted.
ARTICLE 39: PROCEDURES, PLANNED DEVELOPMENT DISTRICTS
9:50 p.m. Anthony Galaitsis, Planning Board, moved that the Report of the Planning
Board on Article 39 be accepted and placed on file.
Following a voice vote at 9:50 p.m. the Moderator declared the vote unanimous and
the report to have been accepted and placed on file.
9:50 p.m. Presented by Anthony Galaitsis, Planning Board.
--------------------------------------
MOTION: That the Zoning By -Laws of the Town be amended as set forth in the motion
and attached to the report of the Planning Board and filed with the Town
Clerk.
(MOTION of Planning Board Report):
That the Zoning By -Law be amended:
A. 1) In Section A, PLANNED DEVELOPMENT DISTRICTS, by redesignating
the numbering of the following sections and the subparagraphs thereunder, and
all cross references thereto, as follows:
8.4 SPECIAL PERMIT PROVISIONS APPLICABLE TO BOTH CD AND
RD DISTRICTS to be 8.5;
8.5 WETLAND PROTECTION DISTRICT to be 8.6;
8.6 NATIONAL FLOOD INSURANCE DISTRICT to be 8.7;
2) By creating a new subsection "8.4 REZONING PROVISIONS APPLICABLE
TO BOTH CD AND RD DISTRICTS ";
Adjourned Session —1998 Town Meeting, cont ...................March 30, 1998
3) By redesignating the existing paragraph 3.6.3 FILING OF PRELIMINARY
SITE DEVELOPMENT AND USE PLAN to be a new paragraph 8.4.1 and
by redesignating the existing paragraph 3.6.4 DEFINITIVE SITE
DEVELOPMENT AND USE PLAN and all cross references thereto, to be
3.6.3;
4) In the newly designated paragraph 8.4.1 in the second sentence, by striking out
the word 'vote" and inserting in place thereof the words "first session" and by
striking out the words "on the petition ", so that the second sentence, as
amended, will read:
"8.4.1 FILING OF PRELIMINARY SITE DEVELOPMENT AND USE
PLAN
Subsequent to that public hearing, revisions to the preliminary site
development and use plan may be filed with the Town Clerk and the Planning
Board and must be filed at least seven days prior to the opening session of the
Town Meeting."
B. In the newly created subsection, 8.4 REZONING PROVISIONS APPLICABLE TO
BOTH CD AND RD DISTRICTS, by adding a new subparagraph 8.4.2, as follows:
"8.4.2 AMENDMENTS TO THE PRELIMINARY SITE DEVELOPMENT
AND USE PLAN
After the filing of the preliminary site development and use plan which accompanies
a petition for a rezoning, the Town Meeting shall not take favorable action on a
proposed amendment to the preliminary site development and use plan unless:
a. at least seven days prior to the vote of the Town Meeting on the petition the
Town Meeting Member proposing such amendment:
1. has filed a copy of the proposed amendment with the Town Clerk and the
Planning Board, and
2. has sent a copy of the proposed amendment by registered mail to the petitioner,
b. the Moderator shall determine that the proposed amendment is within the
scope of the petition and the preliminary site development and use plan most
recently filed as provided in paragraph 8.4.1, and
C. at least two thirds of the Town Meeting vote favorably on the proposed
amendment. "
C. 1) In Section 8, Part A, PLANNED DEVELOPMENT DISTRICTS, in both
paragraphs 8.2.4 and 8.3.4, SPGA, in the first sentence by adding the words
"For rezoning petitions approved by the Town Meeting after the 1998 Annual
Town Meeting,..." and by striking out the words... "Board of Appeals ".... and
by inserting in place thereof the words ..."Planning Board" so that the
sentence, as amended will read: "For rezoning petitions approved by the Town
Meeting after the 1998 Annual Town Meeting, the Planning Board shall be the
special permit granting authority."; and
2) In subparagraph 9.7.2 SPGA, by inserting the words "approved by the Town
Meeting before the 1998 Annual Town Meeting" after the words "....except for
a development in an RD district...." so that the sentence, as amended, will
read:
"The Planning Board shall be the Special Permit Granting Authority for
all residential developments with three or more dwelling units except for
a development in an RD district approved by the Town Meeting before
the 1998 Annual Town Meeting and for the conversion of a municipal
building."
-----------------------------------
9:50 p.m. Anthony Galaitsis explained each of the three parts of the motion and that
PARTS A, B, and C would each be voted upon individually.
Following a voice vote at 9:55 p.m., the Moderator declared unanimous adoption of the
motion under Article 39 PART A.
9:55 p.m. The Moderator declared Article 39, PART B now before the meeting.
9:56 p.m. Sam Silverman, pr. 5, questioned the procedures for revisions by both parties.
Adjourned Session —1998 Town Meeting, cont ...................March 30, 1998
9:56 p.m. Anthony Galaitsis explained the intent of the article.
9:57 p.m. Mr. Silverman continued with his questioning on advance notice procedures.
9:58 p.m. Sheldon Spector, pr.6, stated his agreement with Mr. Silverman.
10:00 P.M. The Moderator further explained advance notice procedures in by -law
changes. Anthony Galaitsis explained intent of the changes.
10:01 P.M. Nyles Barnert, pr.4, clarified procedures and questioned if additional changes
would be accommodated by the Planning Board.
10:02 p.m. Robert Bowyer, Planning Board, explained changes.
10:03 p.m. Peter Enrich reported support of the Board of Selectmen for Article 39,
PART A, PART B, and PART C.
10:03 p.m. Ephraim Weiss, pr.5, stated this change helps town meeting better do its
business.
10:04 p.m. Margaret Rawls, pr.4, questioned why a 2/3 vote is required on the
amendment. Robert Bowyer explained the requirement is the same margin for
final passage.
10:05 p.m. Frank Sandy, pr.6, requested the Planning Board address a specific example
and its scope of authority for amendments. Discussion followed on scope of
authority.
10:08 P.M. Alan Lazarus, pr.6, requested assistance to differentiate the example on
proposal revisions.
10:10 P.M. Planning Director Robert Bowyer explained scenarios of amendments and
timing.
10:10 P.M. Florence Connor, pr.8, questioned required advance notice and its possible
impact on discouraging amendments.
10:13 p.m. David Kanter, pr.7, moved the question.
10:13 p.m. Following a voice vote the Moderator declared the main motion on Article 39
Part B now before the Meeting.
10:13 p.m. As this motion requires a two - thirds vote the Moderator called for a standing
vote on Article 39 Part B, tallied as follows:
Precinct Yes No
1 13 1
2 15 2
3 13 5
4 12 2
5 12 4
6 14 3
7 7 4
8 11 2
9 14 3
At Large 17 0
TOTAL 128 26
10:17 p.m. More than the 2/3 required, the Moderator declared the motion under
Article 39 PART B adopted.
10:17 p.m. The Moderator declared Article 39, PART C now before the meeting.
10:17 p.m. Anthony Galaitsis explained the intent of PART C, Preliminary and Site
Development and Use Plans, and the Planning Board acting as the Special
Permit Granting Authority (SPGA).
Adjourned Session —1998 Town Meeting, cont ...................March 30, 1998
10:19 P.M. Richard Michelson, pr.8, spoke in opposition to Part C and of his concerns
with the Planning Board asking for all of the controls, citing function of the
Board of Appeals.
10:20 p.m. Sam Silverman, pr.5, questioned the Board of Appeals' feelings.
Robert Whitman, speaking on behalf of the Board of Appeals, stated that the
Board sees the current system to work well and that the Board of Appeals can
foresee the Planning Board as the SPGA may have possible conflict of interest
ramifications.
10:23 p.m. James Wood, pr.7, spoke in opposition to the proposed change.
10:24 p.m. Eric Michelson, pr. 1, spoke of the need for the Planning Board to spend more
time on planning activities, taking a larger view of the issues, and of the need
to separate powers. He spoke in opposition to the proposed change.
10:26 p.m. Albert Zabin, pr. 1, spoke in favor.
10:28 p.m. Nyles Barnert, pr.4, spoke in opposition to the amendment and identified the
input received by the Board of Appeals in its decisions.
10:29 p.m. Richard Canale, pr.9, urged passage of Part C, citing the need to ensure
definitive plans reflect town meeting intentions.
10:32 p.m. Tom Fenn, pr.9, urged defeat of PART C and reiterated Mr. Whitman's
comments.
10:34 p.m. Ephraim Weiss, pr.5, spoke in support.
10:35 p.m. Jonathan Lederman, pr.7, moved the question on PART C.
10:35 p.m. Following a voice vote the Moderator declared the main motion on Article 39
PART C now before the Meeting.
10:35 p.m. Robert Whitman, pr. 8, stated he would be abstaining from voting on this part of
Article 39.
10:35 p.m. As this motion requires a two - thirds vote the Moderator called for a standing
vote on Article 39 PART C, tallied as follows:
Precinct Yes No Abstain
1 6 8
2 6 10
3 10 8
4 9 6
5 9 7
6 13 4
7 2 10
8 5 7 1
9 10 7
At Large 13 6
TOTAL 83 73 1
10:40 p.m. Less than the 2/3 required, the Moderator declared the motion under
Article 39 PART C not adopted.
Adjourned Session —1998 Town Meeting, cont ...................March 30, 1998
ARTICLE 41: AMENDMENT TO ZONING BY -LAW -
PARKING REQUIREMENT FOR SECONDARY SCHOOLS
10:40 p.m. Dawn McKenna, pr.9, moved that Article 41 be indefinitely postponed.
10:40 p.m. Following a voice vote, the Moderator declared the vote unanimous and
Article 41 indefinitely postponed.
10:41 p.m. Peter Enrich, Chairman of the Board of Selectmen, moved that the meeting
be adjourned until Wednesday, April 1, 1998 at 8:00 p.m., at Cary Memorial
Hall.
Adopted by voice vote. 10:41 p.m..
A true copy.
Attest:
Donna M. Hooper, Town Clerk