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HomeMy WebLinkAbout1999-03-22-ATM-min 1999ANNUAL TOWN MEETING — MARCH 22, 1999 During a local power outage and after diligent efforts of Fire and Public Works personnel, under a backup power supply, the 1999 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:02 p.m., in Cary Memorial Hall. A quorum of 168 members was present. The invocation was offered by Reverend Jed Snyder, Countryside Bible Chapel. The Moderator honored the passing of Roland W. Greeley, Robert Leone, and former Town Meeting Members Joseph H. Marshall, Barry H. Marshall and Dick Miller for their dedicated service to the Town of Lexington. 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. 8:05 p.m. The Moderator declared a recess during which Selectmen Peter Enrich and Elizabeth Eddison, and former Selectmen Dan Busa and Dan Fenn, recognized former Selectman Leo P. McSweeney for his dedicated service as Selectman from 1986 to 1998. Mr. McSweeney's concern for the citizenry and devotion to the Town of Lexington were highlighted. Mr. McSweeney was presented gifts, including an engraved Paul Revere bowl and U.S. flag flown over the Battle Green March 22, 1999. Mr. McSweeney, newly elected as a Town Meeting Member from precinct 9, expressed his appreciation for the recognition and the honor it had been to serve as Selectmen for Lexington. 8:19 P.M. The Moderator called the meeting back to order, expressed her joy in working with Mr. McSweeney during his tenure as Selectman, and outlined procedures and conduct of Town Meeting. The Moderator explained there would be no meetings scheduled for Wednesday, March 31 or the week of school vacation, April 19 -23, and outlined anticipated order for upcoming articles. It is anticipated that Indefinite Postponement will be recommended for Articles 5, 11, 12, 24, 25, 35, 39. The Moderator explained that Article 49 of the 1998 Annual Town Meeting, adopted April 8, 1998, and approved by the Office of the Attorney General on August 25, 1998, amended Article V of the General By -Laws and authorized the Moderator to declare more than a two - thirds vote without a count and that she would be doing so during this Annual Town Meeting. If seven or more members doubt the vote, a counted vote shall be taken. 8:31 p.m. The Moderator declared the meeting open under Article 2 and reminded members that Article 2 would remain open throughout the meeting. ARTICLE 2: REPORTS OF TOWN OFFICERS, BOARDS AND COMMITTEES 8:31 p.m. Paul Lapointe, Appropriation Committee, explained plans for the Committee's report at a future time. 8:32 p.m. Charles Hornig moved the Report of the Capital Expenditures Committee be accepted and placed on file. Following a unanimous voice vote, the Moderator declared the report accepted and placed on file. 8:32 p.m. Selectman Peter Enrich reported that Town Manager Richard J. White will file the Report of the Town Manager on March 24. 8:32 p.m. Selectman Peter Enrich moved that the Report of the Cary Lecture Series be accepted and placed on file and that the Committee be discharged. With the complete report appearing in the 1998 Annual Report, Susan Rockwell of the Committee presented a brief overview of past activities, explaining the Series is currently operating out of Lexington High School's Gillespie Auditorium. Following a unanimous voice vote, the Moderator declared the report accepted and placed on file and the Committee discharged. Adjourned Session —1999 Annual Town Meeting March 22, 1999 Special Town Meeting of March 22, 1999 8:35 p.m. Selectman Peter Enrich moved to adjourn the Annual Town Meeting until after the completion of the March 22, 1999 Special Town Meeting. Following a voice vote, the Moderator declared the meeting adjourned until after the completion of the Special Town Meeting. A true copy. Attest: Donna M. Hooper, Town Clerk ------------------ - - - - -- SPECIAL TOWN MEETING — MARCH 22, 1999 The March 22, 1999 Special Town Meeting was called to order by Moderator Margery M. Battin, at 8:36 p.m., in Cary Memorial Hall. A quorum of 168 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. ARTICLE 1: PORTABLE CLASSROOMS 8:37 p.m. Presented by School Committee member Robin DiGiammarino. ---------------------------- MOTION: That the sum of $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 $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. --------------------------- Ms. DiGiammarino explained the request was being made to fund portable classrooms, to be placed at the Harrington, Bowman, and Fiske elementary schools. 8:41 p.m. Karen Dooks moved that the Report of the Capital Expenditures Committee be accepted and placed on file. Following a unanimous voice vote, the Moderator declared the report accepted and placed on file. Ms. Dooks summarized current portable classroom inventory and that the required 5 additional classrooms were not reimbursable under any state plan. 8:42 p.m. Ron Pawliczek moved that the Report of the Appropriation Committee be accepted and placed on file. Following a unanimous voice vote, the Moderator declared the report accepted and placed on file. 8:43 p.m. Dawn McKenna reported unanimous support of the Board of Selectmen. 8:43 p.m. Following a voice vote, the Moderator declared, with more than the two - thirds vote required, the MOTION ADOPTED. 8:44 p.m. Selectman Chairman Peter Enrich moved the Special Town Meeting of March 22, 1999 be dissolved. ADOPTED by voice vote. A true copy. Attest: Donna M. Hooper, Town Clerk ADJOURNED SESSION OF THE 1999 ANNUAL TOWN MEETING MARCH 22, 1999 The March 22, 1999 Adjourned Session of the 1999 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:44 p.m., in Cary Memorial Hall. A quorum of 169 members was present. ARTICLE 3: APPOINTMENTS TO CARY LECTURE SERIES 8:44 p.m. Presented by Selectman Peter Enrich. --------------- - - -- 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 Susanna E. Cary for the current year. --------------- - - -- 8:45 p.m. Following a voice vote at 8:44 p.m., the Moderator declared the motion ADOPTED. 8:45 p.m. Selectman Peter Enrich presented the following motion: --------------- - - -- MOTION: That Article 14 be taken up as the first order of business on Wednesday, March 24, that Article 13 be taken up as the first order of business on Monday, March 29 and that Article 9 be taken up after Article 39. --------------- - - - -- 8:45 p.m. Ephraim Weiss, pr.5, urged the Selectmen to inform Town Meeting why to vote in favor of the motion. Mr. Enrich explained reasoning for the article order. 8:47 p.m. David Kanter, pr.7, questioned if the Selectmen have any other revisions to article order. Mr. Enrich explained the Selectmen will move Article 16 be postponed until after article 30. 8:48 p.m. Following a voice vote the motion made by Mr. Enrich was ADOPTED. ARTICLE 4: ZONING BY -LAW, HISTORIC PRESERVATION INCENTIVES 8:44 p.m. Presented by John Davies, Planning Board. Mr. Davies moved that the report of the Planning Board on Article 4 be accepted and placed on file. Following a unanimous voice vote, the Moderator declared the report accepted and placed on file. --------------- - - -- MOTION: That the Zoning By -Law of the Town be amended as set forth in the 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 by adding a new subparagraph 4.4 HISTORIC PRESERVATION INCENTIVES, as follows: "4.4 HISTORIC PRESERVATION INCENTIVES 4.4.1 GENERAL OBJECTIVES a. Encourage preservation of buildings, structures, sites and settings, and elements of historical or architectural significance. b. Establish eligibility criteria for buildings, structures, sites and settings, and elements attaining protected status under paragraph 4.4.2. c. Expand economic options for the owner /investor, by broadening the permitted uses in various zoning districts and removing barriers presented by development standards governing those permitted uses. d. Permit the flexibility of development options by modifying dimensional requirements that might be an impediment to historic preservation. e. Provide incentives to preserve contributory elements of historic or architectural significance, such as settings and sites, objects, monuments, trees or other elements. Adjourned Session —1999 Annual Town Meeting March 22, 1999 4.4.2 HISTORIC ELIGIBILITY DEFINED: a. Any historic element, as defined below, may qualify for eligibility under paragraph 4.4.2, Historic Preservation Incentives, if it is included on any of the following lists or surveys: 1) National Register Of Historic Places 2) State (Commonwealth Of Massachusetts) Register Of Historic Places 3) Inclusion by the Lexington Historical Commission in its Comprehensive Cultural Resources Survey, or identification by that Commission of historic and /or architectural significance and thereby potential inclusion in the Comprehensive Cultural Resources Survey. 4) Pending nominations in good standing to the National or State Registers b. Primary Qualifying Elements shall include the following: buildings, and other structures and outbuildings located on the property. c. Secondary Qualifying Elements shall include the following: sites and settings, objects, monuments, trees or any element of historical, architectural and /or cultural significance which indicates their contributory value in establishing historical context. d. Priority in granting special permits under these historic preservation incentives shall, in all cases, be placed upon keeping buildings and structures in place, rather than moving them to other locations, provided that the existing siting can be shown to represent valid historical setting and context. Moving of buildings, structures and elements to other locations shall be considered only if no other preservation measures are practical or reasonable on the existing site, or if the proposed removal is to return a building, structure or element to an original or more historically accurate location. The SPGA shall determine the validity of any such requests. 4.4.3 SPECIAL PERMIT AUTHORIZED: The Board of Appeals, or the Planning Board where it is authorized to be the special permit granting authority (SPGA), may grant a special permit to authorize actions that would otherwise not comply with the provisions of this By -Law and that would allow the renovation, repair, adaptive reuse or, in limited instances, removal, of historic or architecturally significant buildings. a. The following uses, identified by the line in which they appear in Section 4.2 ofthis By -Law, that are not usually permitted in the districts identified below, may be allowed in those districts, provided the SPGA makes the findings listed in 4.4.4.: 1.1.13 Residential /Institutional/Agricultural Uses; the conversion of single- family to two - family residences in the RD, CB and CLO districts. 2.1.14 the conversion of single - family residences to congregate living facilities in the CB and CLO districts. 3.1.187 the conversion of municipal buildings to residential use in the RM, CB and CLO districts. 4.1.21 the creation of Rooming Units in the CB, CLO and CN districts. 5.1.22 the creation of Accessory Apartments in single - family residences in the CB and CLO districts. 6.1.23 the creation of Bed and Breakfast Homes in the RT, RM, RD, CN, CB, and CLO districts. 7.1.24 General Home Occupation Uses with a maximum of one (1) employee other than an owner occupant and with a maximum of 4 customers per hour, as an average during the course of the business day, in all districts. 8.1.25 Professional Office Home Occupation Uses with a maximum of one (1) employee other than an owner occupant, in all districts. 9.6.14 Office Uses, Professional Services, in CN districts. 10. 6.15 Advertising/Editing, in CN and CB districts. 11. 6.16 Employment Agency and similar uses, in CN districts. Adjourned Session —1999 Annual Town Meeting March 22, 1999 12. 6.17 Manufacturer's Representative and similar uses, in CN districts. 13. 6.18 Other Business and Administrative and similar uses, in CN districts. 14. 7.13 Professional and Business Services, Tailor, Dressmaker And Shoe Repair, in CLO districts. 15. 7.14 Real Estate Sales or Rental Office, in CS districts. 16. 7.18 Repair of Household Appliances, in CLO districts. 17. 7.28 Private Postal Service, in CB districts. b. Modifying 6.2, Development Standards for Offices (6.21 — 6.26) and 7.3, Development Standards for Personal, Business Services (7.31 — 7.32), provided that any negative impacts to the surrounding area can be feasibly mitigated. c. Modifying the standards in Table 2, Schedule Of Dimensional Controls, with regard to minimum: lot area; lot frontage; front, side and rear setbacks; maximum percentage of site coverage; and maximum height (stories). d. Modifying the standards in Section Five (5), Supplementary Use Regulations, sub- sections 5.2, 5.3, 5.4, 5.5. e. Modifying the dimensional and intensity controls in Section Seven, 7.1— 7.6, 7.9.1 and 7.9.2. f. Modifying the landscaping, transition and screening requirements in Section Ten, 10.3 -10.8. g. Modifying the off - street parking and loading requirements in Section Eleven, 11.1 — 11.9, inclusive. 4.4.4 FINDINGS REQUIRED: In order to grant a special permit, the SPGA shall determine: a. that the uses authorized in 4.4.3. or the modification of standards and requirements authorized in 4.4.3 b. — g. are necessary to maintain the historic or architecturally significant building, structure or element on the site on which it was originally constructed or to relocate it back to such a site; b. that the proposed renovation, repair, adaptive reuse or removal preserves, to the maximum extent feasible, the historical and architectural features of the building, structure or element, said determination to be made by the SPGA; C. failure to grant the special permit is likely to result in inappropriate use or physical modification or pursuit of a demolition permit; and d. that the proposed use will not generate negative impacts to the surrounding area or zoning district or that any negative impacts generated may be feasibly mitigated. 4.4.5 CONTRIBUTORY LOTS For one or more lots that do not otherwise qualify under paragraph 4.4.2 above and are shown on a definitive site development plan submitted by an applicant, the SPGA may grant a special permit to modify: 1) the standards in Table 2, Schedule Of Dimensional Controls, 2) the standards in Section Five (5), Supplementary Use Regulations, (entire section, covering the special uses identified), 3) the dimensional and intensity controls in Section Seven, Dimensional Controls, 7.1 - 7.5, 4) the landscaping, transition and screening requirements in Section Ten, Landscaping, Transition and Screening Requirements (entire section), or 5) the off - street parking and loading requirements in Section Eleven, Off - Street Parking and Loading (entire section) provided the SPGA makes a finding that such modifications are necessary to make historic preservation feasible on another lot within the same development on which a historic element, as defined in subparagraph 4.4.2. is located. The use of one or more lots that do not otherwise qualify may apply to a conventional or cluster subdivision (see Section 9) or to a two lot subdivision qualifying for a frontage reduction (see subsection 7.4.5)." -------------- - - - - -- Adjourned Session —1999 Annual Town Meeting March 22, 1999 8:45 p.m. Mr. Davies explained the Board's reasoning for adoption. 8:54 p.m. Catherine Abbott reported unanimous support of the motion by the Board of Selectmen. 8:55 p.m. David Kelland, Historic Commission, reported enthusiastic support of the Historic Commission. 8:55 p.m. Ephraim Weiss, pr. 5, questioned the process by which buildings are listed. 8:55 p.m. John Davies explained some of the approximately 500 additional buildings which need to be researched and surveyed would potentially be included on the listing. Mr. Davies, Mr. Weiss, and Mr. Kelland further explained and discussed compilation of the listing of historic structures. 9:00 P.M. Paul Chernick, pr. 6, questioned section 4.4.4 ( c ) regarding the application of the word "inappropriate ". Mr. Davies explained the two tests for applicability. 9:01 P.M. Bruce Collier, pr.3, pointed out section 4.4.2 A and its applicability to Mr. Weiss's concerns. 9:02 p.m. Fred Martin, pr.7, questioned paragraph 4.4.3 and the listing of exceptions and prohibitions. 9:04 p.m. John Davies explained needed uses which the Planning Board viewed appropriate. Mr. Martin continued questioning and the possibility of opening a large hole in the name of historic preservation. 9:05 p.m. John Davies explained these addressed the economic reuse of buildings. 9:05 p.m. Richard Michelson, pr. 8, stated the Historic District area property owners know their property is in the historic area but questioned how other owners would know their property qualified or was placed in inventory /on the list. Mr. Davies explained the listing is available at the Planning Board office or Cary Memorial Library. 9:07 p.m. Neal Boyle, pr. 7, addressed the need to simplify regulations and urged members to vote against the motion. 9:07 p.m. Kenneth Reich, pr.4, questioned if the motion adds a layer of restrictions to another class of properties. Mr. Davies explained he didn't believe so and explained why. 9:07 p.m. John Davies explained that the motion does not change existing demolition requirements or procedures. It is intended to make it easier for building owners to make better economic use of buildings. 9:11 P.M. Frank Sandy, pr.6, voiced support for the concept and agreement with Neal Boyle that the by -law is unnecessarily verbose and that the purpose of the article could have been achieved with more simple guidelines. 9:12 p.m. Sam Silverman, pr.5, expressed his displeasure with section 4.4.3 and questioned if the consequences could justify the article. 9:14 p.m. Joel Adler, pr. 1, questioned Mr. Davies regarding a demolition request previously made and denied and the possible affect upon that decision should this by -law change be enacted. John Davies explained he didn't know the full answer. 9:15 p.m. Joel Adler, pr. 1, questioned if an owner wished financial assistance to re -side his dwelling would this by -law change make assistance available. Mr. Davies responded "no ". 9:16 p.m. Nyles Barnert, pr.4, explained that voting against this article would not impact a house being placed on the list, but voting in favor would provide alternatives for building owners. 9:16 p.m. Following a voice vote, the Moderator declared the motion under Article 4 ADOPTED by more than the two - thirds required vote. Adjourned Session —1999 Annual Town Meeting March 22, 1999 ARTICLE 5: ZONING BY -LAW, ADJUSTMENTS SECTION 9, RESIDENTIAL DEVELOPMENTS 9:18 P.M. Presented by Anthony Galaitsis, Planning Board. Mr. Galaitsis moved that the article be Indefinitely Postponed. 9:18 P.M. Following a voice vote, the Moderator declared the article INDEFINITELY POSTPONED. ARTICLE 6: ZONING BY -LAW, TECHNICAL CORRECTIONS 9:18 P.M. Presented by John Davies, Planning Board. Mr. Davies moved that the report of the Planning board on Article 6 be accepted and placed on file. Following a unanimous voice vote, the Moderator declared the report accepted and placed on file. -------------------------------- 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 in various sections, as follows: Amendment Al by adding a new section 1.7 as follows: "1.7 HEADINGS Headings, subheadings and captions at the head of subsections and paragraphs are for reference only and are not substantive provisions of the Zoning By -Law. They are not legally adopted parts of the Zoning By -Law as voted by Town Meeting." Amendment A2 In Section 2, DEFINITIONS, in the definition STORY by deleting the words ".... but not including a cellar, a crawl space, ...." so that the definition, as amended, will read: STORY: That portion of a building contained between any floor and the floor or roof next above it 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. In Section 2, DEFINITIONS, in the definition CELLAR, by deleting the second sentence which reads: "A cellar shall have a floor -to- ceiling height of seven feet or greater." In Section 2, DEFINITIONS, in the definition CRAWL SPACE, by deleting the existing definition and inserting in place thereof the following: "CRAWL SPACE: A space under a building not designed or intended for human occupancy or use that provides access to the underside of the building and has a height between the ground or floor level of the crawl space and the underside of the floor above it of not more than four feet." In Section 7, Dimensional Controls, by striking out subparagraph 7.5.5 Parking Within Building in its entirety and by substituting in place thereof the following: "7.5.5 CALCULATION OF STORY" For the purposes of calculating the height of buildings in stories, a story shall not include: a cellar, a parking level, a crawl space or any other floor area not designed or intended for human occupancy provided its height is not more than four feet above the lower elevation as described in subparagraph 7.5.1.a. In the case of a sloping site, the height of such floor area above the lower elevation may be calculated using the procedure in subparagraph 7.5.3. Average Height Of Building. Where different parts of the space below the first floor would be classified as a crawl space, a cellar, or a basement, the number of stories shall be calculated as if the classification of space that comprises the greatest percentage of area covered the entire space below the first floor." Adjourned Session —1999 Annual Town Meeting March 22, 1999 Amendment A -3 In Section 2, Definitions, by deleting the definitions, TEMPORARY STRUCTURE and TEMPORARY USE, and by adding a new subsection 3.1.5 as follows: "3.1.5. PERMITS FOR TEMPORARY USES 3.1.5.1. TEMPORARY USE A building permit or certificate of occupancy may be granted for a temporary use where authorized by this by -law. A special permit for a temporary use may be granted by the Special Permit Granting Authority or a permit for a temporary use may be issued by the Zoning Officer for a specific period of time that is consistent with the needs of the proposed use. No temporary use is permitted without a written permit for a time period prescribed by the SPGA or the Zoning Officer or as set forth in this By -Law. 3.1.5.2 TERMINOLOGY - TEMPORARY The term temporary use in this context shall mean use, operation or occupancy of a parcel of land, building or structure, off - street parking, a sign, or outdoor lighting where the intent and the nature of the installation is not permanent and it will be removed or discontinued after the temporary use. A temporary use may be recurrent provided it is for a time period of not more than one month and the time between the issuance of permits for a recurrent temporary use is at least two months. 3.1.5.3 TIME PERIOD FOR A TEMPORARY USE The time period for which a permit for a temporary use is issued may vary depending on the needs of the proposed use. The maximum time period for uses permitted by right as provided elsewhere in this By -Law shall be two years. The maximum time period for which the Zoning Officer may issue a permit for a temporary use shall be three months. The maximum time period for which the Board of Appeals may grant a special permit for a temporary use shall be two years. The Board of Appeals or the Zoning Officer may disapprove the issuance of a permit for a temporary use if either the Board or the Zoning Officer determines that a permit for such use: a. has been issued previously for long periods of time, b. the use is recurrent for long periods of time, C. would have the effect of allowing a use that would not otherwise be permitted by Table 1, Permitted Uses, or d. is inconsistent with the purpose of the zoning district in which it is located, as described in paragraph 1.2.3., or with other specific purposes or objectives of zoning, as set forth in this By -Law. 3.1.5.4 EXTENSION OF T PERIOD FOR A TEMPORARY USE The Board of Appeals may grant a special permit for a temporary use to be extended beyond the maximum time period specified above or elsewhere in this By -Law provided: a. only one such extension may be granted, b. the period of the extension is not more than one additional year, C. the Board of Appeals determines that granting the extension: 1) does not allow a use that would not otherwise be permitted by Table 1, Permitted Uses, and 2) is consistent with the purpose of the zoning district in which it is located, as described in paragraph 1.2.3., or with other specific purposes or objectives of zoning, as set forth in this By -Law, and d. there is no relaxation during the period of the extension of the dimensional and other standards referred to in subparagraph 3.1.5.5. A permit for temporary uses that are permitted by right, as provided elsewhere in this By- Law, may be extended but only upon the granting of a special permit by the Board of Appeals. 3.1.5.5. RELAXATION OF DIMENSIONAL AND OTHER STANDARDS A permit for a temporary use, whether granted by the Zoning Officer or the SPGA, may authorize a temporary relaxation of the dimensional standards set forth in Table 2, Schedule of Dimensional Controls, where it can be demonstrated it is not feasible or practicable to comply with those standards. In the case where the installation of a temporary dwelling (see Section 4.2, Table 1, line 1.17) or a temporary building incidental to the construction or reconstruction of a building (see Section 4.2, Table 1, lines 5.21 and 16.12) would result in a greater floor area ratio or a percentage of site coverage greater Adjourned Session —1999 Annual Town Meeting March 22, 1999 than authorized by Table 2, the amount of floor space occupied shall not exceed the maximum floor area ratio for the district. A temporary use may not be required to comply with the standards in Section 10 for Landscaping, Transition and Screening or in Section 11, Off - Street Parking and Loading. Nothing in this subsection shall reduce the authority of the Board of Appeals to attach conditions and limitations, as described in paragraph 3.3.3., to its grant of a special permit. 3.1.5.6. APPEAL OF PERMIT FOR TEMPORARY USE GRANTED BY ZONING OFFICER An interested person who believes the permit for temporary use issued by the Zoning Officer is inconsistent with the purposes of the zoning district in which it is located, as described in subparagraph 1.2.3., or with other specific purposes or objectives of zoning, as set forth in this By -Law, may appeal the action of the Zoning Officer following the procedures set forth in subsection 3.2 of this By- Law." In 4.2 TABLE 1 PERMITTED USES AND DEVELOPMENT STANDARDS: a. In line 1.17 by deleting the words "... to be erected for a period of not more than one year. ...." and .......; may be located in a required yard setback if not otherwise feasible to locate on the lot ...." and by adding the words "(See subsection 3.1.5)" at the end so that the line, as amended, will read: "Temporary dwelling, which may include a mobile home to replace a permanent dwelling which has been damaged or destroyed by fire, natural catastrophe, or by demolition or substantial reconstruction. (See subsection 3.1.5)" b. In line 5.21 by deleting the words "....for a period not to exceed two years provided a non - renewable permit is granted by the building commissioner....." and by adding the words "(See subsection 3.1.5)" at the end: so that the line, as amended, will read: "Temporary building(s) or trailer(s) incidental to the construction of a building or land development. (See subsection 3.1.5)" C. In line 5.22 by deleting the words "....and the time period of the special permit is not greater than two years....." and by adding the words "(See subsection 3.1.5)" at the end, so that the line, as amended, will read: "Temporary structures and uses not otherwise permitted in the district provided the SPGA makes a finding that the proposed structure or use is compatible with the neighborhood. (See subsection 3.1.5)" d. In line 16.12 by deleting the words "....development for a period not to exceed two years provided a non - renewable permit is granted by the building commissioner...." and by adding the words "(See subsection 3.1.5)" at the end so that the line, as amended, will read: "Temporary building(s) or trailer(s) incidental to the construction of a building or land. (See subsection 3.1.5)" e. In line 17.1 by adding the words "(See subsection 3.1.5)" at the end. Amendment A4 In Section 7.4.5.2.b at the end of the paragraph by deleting: 1. the conveyance of the fee, or other interest, in land within the proposed subdivision to the Town for use for conservation, recreation, or other public purpose; 2. the provision of improvements within the right -of -way of the street, that provides the frontage, or of improvements to public facilities near the proposed subdivision. Such improvements may include, but are not limited to, the initial construction, expansion or rehabilitation of the type of improvements and services described in Section 3.6, Required Improvements, of the Development Regulations and the maintenance or restoration of buildings and places of historic or architectural significance; 3. limitations on the use or design of buildings or the site as described in Section 2.4.3, Documents, Exhibits, of the Development Regulations; 4. in lieu of the provision of improvements within or near the right -of -way, or the transfer of interests in land within the proposed subdivision, the Planning Board may consider a financial contribution to a Town fund for any of the purposes identified in 1) through 3) above." and inserting in place thereof the following: "the public benefits listed in subsection 9.6.4.1 subparagraphs 1) — 3), and subparagraphs a. through 1." so that the sentence, as amended will Adjourned Session —1999 Annual Town Meeting March 22, 1999 read "In determining whether a proposal by the applicant may benefit either the adjacent neighborhood or the town generally, the Planning Board may consider the public benefits listed in subsection 9.6.4.1 subparagraphs 1) — 3), and subparagraphs a. through 1." Amendment A5 In Section 7, Dimensional Controls, by deleting section 7.6, Basement Floor Elevations, and by inserting in place thereof "Section 7.6 (Reserved) ". Amendment A6 in section 14.2. in the first paragraph by inserting "14.2.1 APPLICABILITY' at the beginning of the paragraph and by deleting the word "or" at the end of subparagraph a, by redesignating the existing paragraph "b" to be "c" and by inserting a new subparagraph b. as follows: "b. townhouses, three - family and four - family dwellings (see Definitions); or" Amendment A7 In Subsection 15.3 Location Of Facilities as approved in the motion made under Article 32 Wireless Communication Facilities of the 1997 Annual Town Meeting, by striking out subparagraphs 15.3.3.3 Municipally Owned Land in Residential Districts and 15.3.3.4 Municipally Owned Land in Commercial Districts and by renumbering subparagraph 15.3.3.5 Uses In Commercial Districts and all cross references thereto to be subparagraph 15.3.3.3. Amendment A8 (1) In Section 15.2.2, Terminology, in the definition of "TOWER ", by adding commas after "receiving" and after "relaying "; (2) by adding a new sentence at the end of the definition of "TOWER" as follows: "Components of the wireless communication facility used only to attach or support other elements of that facility are excluded provided such components are relatively less substantial than those other elements and do not materially affect a dimension of that facility. "; (3) In Section 15.4.2, Setbacks, in the second sentence, by inserting a new third sentence as follows: "However, if the antenna is being attached to an existing tower whose setback is already approved— either by right, by special permit or by variance —and, if the SPGA determines that the addition of the antenna does not materially alter the basis of that prior approval, then no new, independent, setback requirement shall be created by the addition of the antenna." -------------------------------- 9:20 p.m. The Moderator explained that the article is divisible, if so moved. John Davies moved that Amendment A -3 be separated out. Alan Lazarus, pr.6, moved that Amendment A -6 be separated out. Selectman Dawn McKenna moved that Amendment A -2 be separated out. 9:21 p.m. Following a voice vote on the motions to separate out Amendments A -2, A -3 and A -6 the Moderator declared the motion ADOPTED and those Amendments to be voted separately from Article 6 Amendments A- 1,A- 4,A -5,A -7 and A -8. 9:22 p.m. John Davies summarized Amendments 1,4,5,7,8 to be voted under Article 6. 9:24 p.m. Dawn McKenna reported unanimous support of the Board of Selectmen on Amendments A -1, A -4, A -5, A -7, A -8. 9:24 p.m. Following a voice vote, the Moderator declared the vote unanimous and Amendments A -1, A -4, A -5, A -7 and A -8 ADOPTED. 9:24 p.m. John Davies, Planning Board, explained Article 6, Amendment A -2. 9:26 p.m. Dawn McKenna explained the request was made to separate out this Amendment as it is viewed as more than a minor By -Law correction. Ms. McKenna explained the Board of Selectmen had not yet voted on this Amendment. 9:27 p.m. Peter Kelley, pr.4, spoke in opposition to Amendment A -2 and of the inconsistencies in definitions for space below the first floor. 9:29 p.m. Richard Canale, pr.9, spoke in support. 9:29 p.m. Following a voice vote, the Moderator called for a standing vote on Article 6, Amendment A -2 as this motion requires a two - thirds vote. The standing vote Adjourned Session —1999 Annual Town Meeting March 22, 1999 is tallied as follows: Precinct Yes No Abstain 1 8 8 - 2 7 6 - 3 11 4 - 4 6 7 - 5 5 11 - 6 13 3 - 7 8 6 - 8 11 2 - 9 6 8 - At -Large 14 4 TOTAL 89 59 - 9:34 p.m. Less than the required two - thirds vote, the Moderator declared Article 6, Amendment A -2 NOT ADOPTED. 9:35 p.m. John Davies, Planning Board, explained the intent and use of "temporary" in Article 6, Amendment A -3. He further explained that the wording is much better than the existing by -law, though not perfect. 9:36 p.m. Dawn McKenna explained that the Selectmen had not yet taken a position on this Amendment, and questioned the use of the word "temporary ". 9:37 p.m. Having seen no other questions, the Moderator declared a one - minute recess to allow the Selectmen to caucus. 9:38 p.m. Dawn McKenna reported the Board of Selectmen supported Amendment A -3 on a 4 — 1 vote. 9:38 p.m. Following a voice vote on Article 6, Amendment A -3, the Moderator declared more than the two - thirds vote required that the motion is ADOPTED. 9:38 p.m. John Davies, Planning Board, explained the intent of Article 6, Amendment A -6 and explained that the provisions had been inadvertently omitted from by- law changes in 1998 for outdoor lighting for 3 and 4 family buildings. 9:40 p.m. John Willson, pr.6, served Notice of Reconsideration on Article 6, Amendment A -2. 9:40 p.m. Alan Lazarus, pr.6, spoke in opposition to A -6. 9:41 p.m. David Kanter, pr.7, spoke in favor of A -6. 9:42 p.m. Paul Chernick, pr.6, spoke in opposition to A -6. 9:44 p.m. Following a voice vote, the Moderator called for a standing vote on Article 6, Amendment A -6, tallied as follows: Precinct Yes No Abstain 1 4 14 - 2 2 9 - 3 12 3 - 4 9 5 - 5 2 15 - 6 2 15 - 7 12 4 - 8 4 14 - 9 0 14 - At -Large 14 5 TOTAL 61 98 - 9:48 p.m. With less than the required two - thirds vote, the Moderator declared the motion under Article 6, Amendment A -6 NOT ADOPTED. ARTICLE 7: ZONING BY -LAW, PROCEDURES SECTION 8, SPECIAL ZONING DISTRICTS 9:49 p.m. Presented by Anthony Galaitsis, Planning Board. Mr. Galaitsis moved that the Adjourned Session —1999 Annual Town Meeting March 22, 1999 report of the Planning board on Article 7 be accepted and placed on file. Following a unanimous voice vote, the Moderator declared the report accepted and placed on file. -------------------------------- 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 in various sections, as follows: Amendment A -1 (This was previously Article A -2 in the January 15 draft.) In subsection 8.4 Rezoning Provisions Applicable To Both CD And RD Districts, by adding a new subparagraph 8.4.4. as follows: "8.4.4 AMENDMENTS TO THE PSDUP APPROVED BY AN EARLIER TOWN MEETING The preliminary site development and use plan for an existing planned development district that was approved by an earlier Town Meeting may be amended. The proposed amendments shall be presented and acted upon in the same manner set forth in this section for an original petition." Amendment A -2 (This was previously Article A -3 in the January 15 draft.) In subparagraph 8.5.2 Special Permit Provisions, by deleting the existing subparagraph "d" and by inserting in place thereof: "d. The SPGA may, in its discretion, permit revisions from the preliminary site development and use plan approved by Town Meeting provided they do not conflict with the provisions of the text of such plan. Such revisions shall generally be limited to the location of the building(s) and changes in the site plan." In subparagraph 8.5.4 Revision Of Special Permit, by striking out the existing paragraph and by inserting in place thereof the following: "Subsequent to an SPS granted by the SPGA, revisions may be made from time to time in accordance with applicable laws, by -laws, and regulations, but the commercial or residential development approved under such SPS shall otherwise be in accordance with the preliminary site development and use plan approved by the Town Meeting." --------------------------------- 9:49 p.m. Mr. Galaitsis explained Article 7, Amendments A -1 & A -2. 9:49 p.m. Dawn McKenna reported unanimous support of the Board of Selectmen for this article. 9:54 p.m. Following a voice vote, the Moderator declared the vote unanimous and the motion ADOPTED. ARTICLE 8: ZONING BY -LAW, AUTOMATIC TELLER MACHINES 9:55 p.m. Presented by Andrew Friedlich, pr. 5. ---------------------------- MOTION: To see if the town will vote to amend the Zoning By -Law of the Town of Lexington, as follows: In Section 4.2, Table 1, Permitted Uses and Development Standards, Part B, Commercial Uses, in line 7.15a under the description ofthe uses, by striking out the word "external," and adding at the end of the line "which may be either a principal use or an accessory use," and under the column headed by CN by striking out the letter "N" and inserting the letters "SP "; or act in any other manner in relation thereto. --------------------- - - - - -- 9:55 p.m. The Moderator recognized Ms. Deirdre W. Niemann to present the article. Ms. Niemann explained the intent of the article and reasons for support. 9:58 p.m. The Moderator recognized Mr. Scott McKay who also spoke in support ofthe article and of the need for Automatic Teller Machines in the neighborhoods. 9:59 p.m. Stacey P. Bridge - Denzak moved that the report of the Planning Board on Adjourned Session —1999 Annual Town Meeting March 22, 1999 Article 8 be accepted and placed on file. Following a voice vote, the Moderator declared the report accepted and placed on file. Ms. Bridge - Denzak, Planning Board, reported the Board's support of the article. 10:01 P.M. Elizabeth Eddison reported unanimous support of the Board of Selectmen. 10:01 P.M. David Williams, pr.5, spoke in opposition. 10:03 p.m. Ephraim Weiss, pr.5, spoke in opposition of the article, citing increased intensity of use of the neighborhoods. 10:04 p.m. Following a voice vote, the Moderator declared that with more than the two - thirds vote required the motion is ADOPTED. 10:05 p.m. David Williams, pr.5, served Notice of Reconsideration on Article 8. ARTICLE 10: ZONING BY-LAW, 16 HAYDEN AVE AMENDMENT TO CD DISTRICT #8 10:05 p.m. Presented by Caleb Warner, pr.3. ---------------------------- MOTION: That the Zoning By Law be amended in the Preliminary Site Development and Use Plan for 16 Hayden Avenue, Planned Commercial District #8 adopted by Town Meeting on April 16, 1997 as Warrant Article 28, by amending Section 4, the Table of Development Data, subsection 9, to change the number of required off street parking spaces from 144 to 139 and by revising Sheets #1, 3 and 4 of the Preliminary Site Development and Use Plan to change the number of required off street parking spaces from 144 to 139 whenever shown on said sheets. --------------------------- 10:05 p.m. The Moderator recognized Mr. Larry Smith who explained the Article. 10:11 P.M. Anthony Galaitsis moved that the Planning Board report on Article 10 be accepted and placed on file. Following a unanimous voice vote, the Moderator declared the report accepted and placed on file. Mr. Galaitsis further expressed support of the Planning Board for the Article. 10:13 p.m. Elizabeth Eddison report unanimous support of the Board of Selectmen for the Article. 10:14 p.m. William Frawley, pr.3, spoke on the building area change. 10:14 p.m. Carol Grodzins, pr.3, spoke in opposition on behalf of herself and fellow precinct 3 town meeting member Marjorie Madoff. 10:16 p.m. William Simmons, pr.6, spoke in favor. 10:17 p.m. Elaine Dratch, pr.5, spoke in opposition and questioned the number of MRI machines at Symmes Hospital. Mr. Smith requested that Dr. Richard Zangara of Lexington Medical Associates be recognized to respond. Dr. Zangara responded. 10:19 P.M. Elaine Dratch, pr.5, also commented on additional personnel to be on -site, and net loss in parking spaces. 10:19 P.M. Jacqueline Davison, pr.3, inquired about and commented on the facility's name. Mr. Smith explained planned signage for the facility. 10:21 p.m. Neal Boyle, pr.7, questioned the process by which this request has undergone to reach to Town Meeting and his opinion that the request should have been addressed by the Board of Appeals and not brought to Town Meeting. Mr. Smith explained that the Board of Appeals has authority to approve minor Adjourned Session —1999 Annual Town Meeting March 22, 1999 deviations from Town Meeting approved plans and that the elimination of 5 parking spaces was viewed as not being minor. 10:25 p.m. Joel Adler, pr.l, spoke in favor of the Article and attested to the valuable contribution of MRI machines in detecting health issues. 10:26 p.m. Following a voice vote, the Moderator declared the motion under Article 10 ADOPTED, with more than the required two - thirds vote. ARTICLE 11: ZONING BY -LAW, WIRELESS COMMUNICATIONS MULTI - FAMILY DWELLINGS 10:27 p.m. Anne Ripley, pr.6, moved that this Article be Indefinitely Postponed. 10:27 p.m. Following a voice vote, the Moderator declared Article 11 INDEFINITELY POSTPONED. ARTICLE 12: ZONING BY -LAW, WIRELESS COMMUNICATIONS SETBACKS IN RESIDENTIAL DISTRICTS 10:27 p.m. Anne Ripley, pr.6, moved that this Article be Indefinitely Postponed. 10:27 p.m. Following a voice vote, the Moderator declared Article 12 INDEFINITELY POSTPONED. 10:28 p.m. The Moderator explained that at the March 24 session, the meeting would take up Article 14, 15, 16 (proposed indefinite postponement), 17 (proposed indefinite postponement), 18, 19, and 21. Article 13 will be taken up as the first order of business on March 29. 10:28 p.m. Peter Enrich, Chairman of the Board of Selectmen, moved that the meeting be adjourned until Wednesday, March 24, 1999 at 8:00 p.m., at Cary Memorial Hall. Adopted by voice vote. 10:28 p.m.. A true copy. Attest: Donna M. Hooper, Town Clerk