HomeMy WebLinkAbout1998-04-06-ATM-min ADJOURNED SESSION — 1998 ANNUAL TOWN MEETING
APRIL 6, 1998
The April 6, 1998 Adjourned Session of the 1998 Annual Town Meeting was called to order
by Moderator Margery M. Battin, at 8:10 p.m., in Cary Memorial Hall. A quorum of 176
members was present.
The Moderator called the meeting open on Article 2.
ARTICLE 2: REPORTS OF COMMITTEES
8:10 P.M. Selectman Chairman Peter Enrich reported under Article 2 on the
action taken by the Selectmen at their meeting earlier in the evening in establishing an
adhoc committee to review the proposal made by the proponents of Article 46 of the
Annual Town Meeting, evaluate the needs for sporting /athletic fields, the potential
options for creating new athletic fields; and recommend a use designation for
Hennessey Field. It is expected that the Committee will make its report to the
Selectmen in the fall of 1998.
The Committee shall be comprised of 8 members; one each from the Board of
Selectmen, Conservation Commission, Recreation Committee, Planning Board, citizen
from sporting /athletic community, proponent of Article 46 and two Town Meeting
Members appointed by the Board of Selectmen. The Planning Board will serve as the
convener and Chairman. The Committee will report back to the next Annual Town
Meeting.
8:13 p.m. Superintendent Jeffrey Young reported on "the audit ", educational
management accountability and its favorable findings of operations in Lexington.
Superintendent Young summarized findings on use of funds and identification ofBest
Practices, stating that Lexington ranks highly in the eyes of the State.
8:26 p.m. Marshall Derby, Chairman of LexHab, reported under Article 2 an
update for Town Meeting on LexHab activities over the past year. Mr. Derby
identified the work completed on Grandview Avenue as well as proposed work for
sites in the 1998 warrant — Spencer Street and Sedge Road. Mr. Derby listed the
complexes at which LexHab units are located as well as individual sites, recruitment
practices and outreach efforts.
8:31 p.m. The Moderator stated the meeting was open under Article 43.
ARTICLE 43: LEXHAB REQUIREMENTS
8:31 p.m. Presented by Dawn McKenna, pr.9.
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MOTION: The Board of Selectmen be requested by Town Meting to instruct the
Lexington Housing Assistance Board, Inc. (LexHab) to pursue a policy of providing
affordable housing through the acquisition of existing structures and dwelling units as
a priority over constructing buildings on vacant land or open space.
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8:31 p.m. Ms. McKenna presented the motion and further explained information
on available housing and costs.
8:35 p.m. John Niles, 1 Spencer Street, urged passage of Article 43 to address
concerns of a large number of citizens regarding town sponsored development and
conflict with core values for open space, burdens placed on the town and public
services from increased population.
8:42 p.m. Marshall Derby, Chairman of LexHab, reported costs of construction
vs. purchasing existing homes and spoke in opposition to the article.
8:46 p.m. Selectman Dan Fenn spoke against inhibiting the means by which
LexHab can accomplish its mission and reported unanimous opposition of the Board
of Selectman to Article 43.
Adjourned Session —1998 Annual Town Meeting, cont.... April 6, 1998
8:48 p.m. Ralph Clifford, Fair Housing and Human Relations Committee, spoke
in opposition to Article 43 and outlined the difficulties experienced in
obtaining affordable housing.
8:50 p.m. Bruce Collier, pr.3, spoke in opposition.
8:51 p.m. Lynn Knight, 24 Tarbell Ave., spoke in favor of Article 43 and of the
need to preserve open space.
8:53 p.m. Sam Berman, pr.3, spoke against the article.
8:54 p.m. Ira Bernstein, pr.2, questioned LexHab on its use of lots for building.
8:55 p.m. Marshall Derby reported 9 of 43 housing units were constructed on
empty lots.
8:55 p.m. David Harris, pr.4, questioned intent of the Article. Dawn McKenna
explained desired focus to existing housing. Mr. Harris spoke in
support as he didn't feel the article tied the hands of LexHab.
8:56 p.m. Sue Cusack, pr.9, stated the intent of the article would create more
divisiveness in the Town and spoke against the article.
8:57 p.m. Alan Lazarus, pr.6, agreed with Ms. Cusack and stated he felt the
article was too restrictive. Mr. Lazarus questioned Mr. Derby on
operating practices as a result of the AdHoc Report. Mr. Derby
stated the Board had formalized some previously implemented
informal procedures.
8:58 p.m. Alan Lazarus urged a group be formed to raise funds to buy existing
housing.
8:59 p.m. Florence Baturin, pr.6, spoke in opposition.
9:00 P.M. David Rudner, pr.2, questioned record of past building by LexHab.
Mr. Derby explained only one house thus far was preexisting. Mr.
Rudner explained he didn't believe the proponents of the article were
necessarily opposed to LexHab.
9:02 p.m. Nyles Barnert, pr.4, spoke against.
9:03 p.m. Alan Levine, pr.8, spoke in support and on issues confronted by
LexHab in finding available land for building.
9:04 p.m. Scott Burson, pr.4, called the question.
After a voice vote the Moderator declared the main question now before the meeting.
9:05 p.m. Mr. Niles summarized his points.
9:05 p.m. After a voice vote the moderator declared the motion not adopted.
9:05 p.m. Dawn McKenna, pr.9, served notice of reconsideration of Article 43.
ARTICLE 45: TRANSFER SPENCER STREET LAND TO
CONSERVATION
9:06 p.m. Presented by Dawn McKenna, pr.9.
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MOTION: That the Town transfer the care, custody, management and control of
the land shown as Lot 2 on plan entitled "Compiled Subdivision Plan of Land in
Lexington, MA (Middlesex County)" recorded as Plan No. 1324 of 1996 in the
Middlesex County South Registry of Deeds to the Conservation Commission for
conservation purposes as provided by Section 8C of Chapter 40 of the General Laws,
as amended.
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9:07 p.m. Ms. McKenna explained the opposition to the comprehensive
permit process used to override the Town's own zoning by -laws to
build, and her concern of the means by which this land is in the
hands of LexHab.
Adjourned Session —1998 Annual Town Meeting, cont.... April 6, 1998
9:08 P.M. Michael Brooks, 905B Massachusetts Avenue, presented a few
slides of the Spencer Street property and spoke to the method by
which the property is in the possession of LexHab, and impact of
the proposed development on the remaining space, the value of
open space in the neighborhoods.
9:16 p.m. Marshall Derby, LexHab, presented the history on the property and
the means by which LexHab acquired the property, the changes
made to proposed development, and accommodations made to the
neighborhood. Mr. Derby requested defeat of the article.
9:26 p.m. Selectman Dan Busa explained the action taken by the Board of
Selectmen to listen to the neighborhood and prior actions taken by
town meeting. Mr. Busa urged defeat of the article.
9:28 p.m. John Davies, Planning Board, stated the Planning Board
unanimously urges defeat.
9:29 p.m. Joyce Miller, Conservation Commission, stated the Commission's
appreciation for receiving the Augusta land and opposed this
article.
9:30 p.m. Ralph Clifford, Fair Housing and Human Relations Committee,
spoke in opposition and urged defeat.
9:31 p.m. Bruce Collier, pr.3, spoke in opposition.
9:35 p.m. Martin Long, pr.6, questioned Marshall Derby on residents in
LexHab housing.
9:37 p.m. Jonathan Lederman, pr.7, questioned Marshall Derby on estimated
costs for construction of the proposed Spencer Street house. Mr.
Derby projected a cost from $160,000 to $170,000. Mr. Lederman
identified further costs to the school system and spoke in favor of
the article.
9:39 p.m. Elaine Dratch, pr.5, questioned future purchase of the 26 Katandin
Woods units when the complex turns condominium in
approximately 5 years.
9:42 p.m. Myla Kabat -Zinn, pr.2, questioned the timing when LexHab
notified neighbors of its intent and the process of acquisition,
speaking in favor of the article.
9:44 p.m. Jacqueline Davison, pr.3, spoke of the sensitive means for land use
and opposition to the article.
9:46 p.m. Sue Cusack, pr.9, spoke in opposition.
9:47 p.m. Dawn McKenna, pr.9, explained that the Spencer Street neighbors
have committed to contributing $60,000 to LexHab and she will
propose a 1999 Town Meeting article to reimburse LexHab the
remainder.
9:48 p.m. Jeannette Webb, pr.4, moved the question.
9:48 p.m. After a voice vote the Moderator declared the main question now
before the meeting.
9:49 p.m. Dawn McKenna summarized reasons to support the motion.
Adjourned Session —1998 Annual Town Meeting, cont.... April 6, 1998
9:49 p.m. As this motion requires a two - thirds vote the Moderator called for a
standing vote on Article 45, tallied as follows:
Precinct Yes No
1 5 13
2 5 11
3 5 14
4 1 19
5 2 13
6 6 13
7 3 12
8 1 13
9 5 13
At Large 1 6
TOTAL 34 127
9:52 p.m. Less than the 2/3 required, the Moderator declared the motion
not adopted.
9:52 p.m. Dawn McKenna, pr.9, served Notice of Reconsideration of
Article 45.
The Moderator declared the meeting open under Article 53.
ARTICLE 53: LAND TRANSFER/SEDGE ROAD — LEXHAB
9:52 p.m. Presented by Selectman Elizabeth Eddison.
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MOTION: That the care, custody, management and control of that portion of
land shown as a 30,000 square foot lot on a plan entitled "LexHab Sedge Road
Lexington, MA." dated March 23, 1998 no longer needed by the School
Department be transferred to the Board of Selectmen to be used for housing or
other municipal purposes.
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9:53 p.m. Marshall Derby, Chairman of LexHab, presented information on the
request, including proposed layout, street improvements, and
neighbor input.
9:58 p.m. Ralph Clifford, Fair Housing and Human Relations, spoke in favor.
9:58 p.m. Joyce Miller, Conservation Commission, urged adoption of the
article and stated no Conservation issues but that the Commission
had requested a path through the property to access the Chiesa
Property.
9:59 p.m. Barrie Peltz, Chairman of the School Committee, spoke in favor of
the motion and of the improvement to be made to Sedge Road.
9:59 p.m. Frank Sandy, pr.6, spoke in favor.
10:00 P.M. Sheldon Spector, pr.6, questioned possible impact on the bird
migration from the Chiesa Property.
10:00 P.M. Joyce Miller explained the bird migration was from the bird
sanctuary.
10:01 P.M. Elizabeth Whitman, pr. 8, questioned housing location in relation to
the property. Mr. Derby explained layout of the neighborhood.
10:02 p.m. Elizabeth Whitman, pr. 8, questioned if the school system would
provide the Conservation Commission access to walk to the Chiesa
Property regardless? Ms. Miller had no idea.
Adjourned Session —1998 Annual Town Meeting, cont.... April 6, 1998
10:03 p.m. David Kanter, pr.7, questioned the viability for use of the property
for recreation purposes.
10:04 p.m. Sandra Shaw, Recreation Committee, explained the Recreation
Committee hadn't had interest in this property. Don Chisholm,
Recreation Committee, further explained that 30,000 square feet
was insufficient space for a soccer field.
10:05 p.m. David Kanter, pr.7, questioned what percentage of town residential
property is in the care of LexHab. Mr. Derby responded that of the
approximate 11,000 dwelling units, LexHab had 43 and confirming
Mr. Kanter's statement that LexHab has gone from 40 to 43 units
over the past three years.
10:06 p.m. Jonathan Lederman, pr.7, questioned if any wetlands existed on the
property and if a comprehensive environmental impact study had
been conducted.
10:07 p.m. Joyce Miller, Conservation Commission, stated that to their
knowledge there were no wetlands on this site.
10:07 p.m. Dawn McKenna, pr.9, spoke in support of the article.
10:08 P.M. Karen Dooks, pr.2, spoke on the transfer of a 30,000 s.f log to
Conservation. Mr. Derby explained that the neighborhood zoning
has 30,000 s.f minimum lot.
10:10 P.M. Ira Bernstein, pr.2, moved the question.
10:10 P.M. After a voice vote the Moderator declared the main question now
before the meeting.
10:10 P.M. As this motion requires a two - thirds vote the Moderator called for
a standing vote on Article 53, tallied as follows:
Precinct Yes No
1 15 0
2 13 1
3 18 0
4 18 0
5 15 0
6 18 0
7 15 1
8 16 0
9 16 1
At Large 9 0
TOTAL 153 3
10:13 p.m. More than the 2/3 required, the Moderator declared the motion
adopted.
10:14 p.m. The Moderator declared the meeting open under Article 47.
10:14 p.m. Andrew Friedlich, pr.5, moved Article 47 be postponed until after
Article 60. Mr. Friedlich explained that the presenter of the Article
is out of town.
10:14 p.m. After a voice vote, the Moderator declared the motion adopted.
Adjourned Session —1998 Annual Town Meeting, cont.... April 6, 1998
ARTICLE 48: EASEMENT — DUNBACK MEADOW
10:14 p.m. Presented by Charles Hornig.
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MOTION: That the Town authorize the Board of Selectmen, with the approval of
the Conservation Commission, to grant permanent easements over portions of
the Dunback Meadow Conservation Land to the owners of property bordering
Bacon Street and shown as Lots 23, 24, and 25 on Assessor's Property Map
23 in order to allow connections to the town sewer system, with the exact
locations to be determined by the Department of Public Works, the
Conservation Commission, and the applicant at such time as the applicant
requests approval of such connections, and authorize the Board of Selectmen
to petition the General Court for an act to permit such easements over
conservation land.
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10:14 p.m. Mr. Hornig, pr. 8, previously stating he will be abstaining from voting,
explained the need for permission to cross strips of conservation land
to connect the Hornig property, owned by his father, to sewer.
10:20 p.m. Joyce Miller, Conservation Commission, spoke to the risks of
pollution when septic systems are near wetlands and stated it is in the
best interest to connect to sewer.
10:22 p.m. Sheldon Spector, pr.6, questioned if Mr. Hornig will be abstaining
from voting. Mr. Hornig confirmed his planned abstention.
10:22 p.m. Bruce Collier, pr.3, questioned if the connection to sewer provided
opportunity for further development on the lots in question.
10:22 p.m. John Davies, Planning Board, referred the question on the wetlands
nature of the lots to Joyce Miller. Mrs. Miller referred the questions
to David Williams. Mr. Williams explained that Bacon Street is not
even a private way and that yes the land is wetland.
10:24 p.m. Mr. Hornig responded on the need for septic.
10:26 p.m. Roger Borghesani, pr.8, questioned how the sewer service would be
designed and if access would be provided for other owners as well.
10:26 p.m. Charles Hornig explained that they would build a connection that
seemed most appropriate.
10:28 p.m. Sam Silverman, pr.6, questioned the source of the map used by Mr.
Hornig in his presentation.
10:29 p.m. Robert Whitman, pr.8, questioned the size of the lots shown. Mr.
Hornig responded that lot A is approximately 8 acres, B
approximately 4 acres, and C approximately 3 acres.
10:30 p.m. Don Chisholm, pr.4, questioned town ownership /Conservation of one
of the lots. David Williams responded that it was Conservation land.
10:34 p.m. Kenneth Reich, pr.4, questioned future development implications.
10:35 p.m. Jeanne Krieger, Board of Selectman, reported the Selectmen
recommended approval.
10:35 p.m. John Hayward, pr. 5, called the question.
Adjourned Session —1998 Annual Town Meeting, cont.... April 6, 1998
10:35 p.m. After a voice vote the Moderator declared the main question now
before the meeting.
10:35 p.m. As this motion requires a two - thirds vote after a voice vote the
Moderator called for a standing vote on Article 48, tallied as follows:
Precinct Yes No Abstain
1 13 0
2 13 0
3 13 0
4 16 2
5 14 0
6 18 0
7 14 1
8 17 0 1
9 18 0
At Large 8 0
TOTAL 144 3 1
10:40 p.m. More than the required 2/3, the Moderator declared the motion
adopted.
10:40 p.m. Peter Enrich, Chairman of the Board of Selectmen, moved that the
meeting be adjourned until Wednesday, April 8, 1998 at 8:00 p.m.,
at Cary Memorial Hall.
Adopted by voice vote. 10:40 p.m..
A true copy.
Attest:
Donna M. Hooper, Town Clerk