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HomeMy WebLinkAbout1999-03-29-ATM-min ADJOURNED SESSION 1999 ANNUAL TOWN MEETING — March 29, 1999 The adjourned session of the 1999 Annual Town Meeting was called to order by Moderator Margery M. Battin, at 8:00 p.m., in Cary Memorial Hall. A quorum of 183 members was present. 8:00 P.M. The Moderator reviewed procedural issues, including the long standing tradition for moving reconsideration of articles, and announced the meeting would remain open under Article 2. 8:03 p.m. Marshall Derby, Chairman of LexHab, reported on current and future activities of LexHab, including the Spencer Street house and future construction at the Sedge Road site. Mr. Derby also explained future plans for purchasing units at the Katandin Woods complex in the year 2000. 8:07 p.m. Jill Stein, Chairman, presented the report of the Solid Waste Committee regarding issues confronting the town and recommendations. ARTICLE 13: ZONING BY -LAW, WIRELESS COMMUNICATIONS, SETBACKS FROM INSTITUTIONAL BUILDINGS 8:17 p.m. Presented by Janet Moran, pr. 1. ------------------ - - - - -- MOTION: That Section 15.4.2, Setbacks, of the Zoning By -Laws of the Town of Lexington be amended by adding a new first sentence, as follows: "No tower or wireless communication facility shall be located closer than 750 feet to an existing elementary or secondary school (line 2.14 in Table 1), day care center (line 2.12) or long term care facility (line 1.186)." -------------------- - - - - -- 8:17 p.m. Suzanne Jonsson, 114 Cedar Street, gave a presentation on the merits of the article and reasons for support. 8:29 p.m. Steven Colman moved that the Report of the Planning Board on Article 13 be accepted and placed on file. Following a unanimous vote, the report was accepted and placed on file. Mr. Colman summarized the issues and stated the report addressed the language ofthe article which had been on file with the Town Clerk at the time of the public hearing. Although the language under Article 13 had been modified several times since the hearing, the Planning Board's conclusions do not change, with a report in the negative and recommending Article 13 be disapproved. 8:35 p.m. Jeanne Krieger reported a majority of the Board of Selectmen opposed the article, with Mrs. Abbott abstaining as she is a member of the governing body at Follen Community Church, and one in support. Mrs. Krieger stated the amendment is unworkable, will not solve the problem, and is unlikely to survive legal challenge. 8:37 p.m. David Kanter reported the Cable Television and Communications Advisory Committee was not in support of the article. 8:37 p.m. Charles Hornig, pr.8, requested clarification from the article proponents regarding the impact on existing antenna which would be in violation of the amendment. 8:37 p.m. Planning Director Robert Bowyer explained that each case would have to be reviewed on a case -by -case basis, with current antenna originally O.K. at the time of installation possibly vested or grandfathered. Adjourned Session —1999 Annual Town Meeting March 29, 1999 8:39 p.m. Charles Hornig questioned if the Follen Church permit would be upheld if the Town prevails in the court case. Mr. Bowyer explained if the permit was granted and subsequent court action sustains the granting, then the installation would be grandfathered and protected even if not yet installed. Mr. Hornig questioned how the setback would be measured. Mr. Bowyer explained that had been questioned by the Planning Board, noted in its report, and that he could not provide an answer. 8:41 p.m. Sam Silverman, pr.5, questioned federal preemption, impact on the town taking action, and the ability of Methuen to enact similar by -laws. Town Counsel Norman Cohen explained that this article would be an amendment to last year's comprehensive plan and that we are not allowed to take up solely health effects, questioning if the Attorney General will approve the amendment and possible litigation if for only health reasons. 8:43 p.m. Sam Silverman, pr.5, continued questioning if there was any information on the actual radiation level from antenna. Dr. Mirko Matejic, 627 Massachusetts Avenue, explained on behalf of the proponents that cell towns emit radiation around the clock. Mr. Silverman suggested a subsidiary motion for a moratorium be made. The Moderator ruled that would not be within the scope of the article. 8:47 p.m. Alan Lazarus, pr. 6, questioned the response of Town counsel. Town Counsel Norman Cohen explained other Town's setback requirements were not due to health reasons and that although he did not have all of the information from other towns, the comprehensive plans were approved. 8:48 p.m. Terry Martin, 96 Gleason Road, spoke from the audience in favor ofthe article and cautioned not to be deterred by threats of litigation. 8:53 p.m. Bruce Collier, pr.3, spoke in opposition. 8:57 p.m. Ira Bernstein, pr.2, questioned Town Counsel regarding health concerns vs. environmental concerns. Town Counsel Norman Cohen explained there is a lot of litigation presently pending and that some courts have ruled that environmental the same as health. 8:58 p.m. William Frawley, pr.3, spoke in favor. 9:01 P.M. David Lees, 57 Gleason Road, spoke from the audience and strongly opposed the article. 9:05 p.m. Pam Peifer, 15 Barnes Place, spoke in support. 9:07 p.m. David Kanter, pr.7, spoke in opposition and of the unjustified setback as well as the inclusion of health issues for justification. 9:11 P.M. Anne Ripley, pr.6, explained she would be proposing a Subsidiary Motion to send to committee for a year's discussion, and presented the following Subsidiary Motion: --------------------------------------- MOTION: That the subject matter of Article 13 be referred to committee, consisting of not less than 7 and not more than 9, to be appointed by the Planning Board. Such committee shall include a representative from the Coalition on Cellular Communications Impact, a citizen with RF engineering background, as well as one member each to be designated by the Planning Board, Board of Health, and Cable TV Advisory Committee. The committee shall report to the Planning Board no later than December 1, 1999 in order that a recommendation can be made for the 2000 annual Town Meeting. ------------------------------- - - - - -- Adjourned Session —1999 Annual Town Meeting March 29, 1999 9:14 p.m. The Moderator declared a two minute recess for the Planning Board and Board of Selectmen to caucus. 9:16 p.m. Fred Merrill reported the Planning Board believed that a technical issue would be better addressed by a technical committee and recommended the Cable Television and Communications Committee. The Planning Board was opposed to the Subsidiary Motion. 9:17 p.m. Selectman Peter Enrich reported that the Board of Selectmen will not endorse the Subsidiary Motion if the Planning Board chooses not to endorse. 9:18 P.M. Ephraim Weiss, pr. 5, spoke in opposition to the Subsidiary Motion and stated the meeting was not likely to learn a lot more now in one year than that already learned. 9:19 P.M. Frank Sandy, pr.6, questioned why a moratorium was not within the scope but a Subsidiary Motion is, and if a Subsidiary Motion could be amended to include a moratorium. 9:21 p.m. The Moderator declared a recess to confer with Town Counsel. 9:23 p.m. The Moderator explained that referral to a committee takes a majority vote. If the referral were to be defeated, Mr. Sandy will be moving that the proposed zoning by -law take effect in one or two years. 9:24 p.m. Marianne Lazarus, pr.6, questioned if it is referred to committee, can the meeting vote on the sentiment of the committee. 9:25 p.m. Thomas Diaz, pr.2, spoke in favor of the Subsidiary Motion and explained he will vote against the original motion. 9:26 p.m. Nicholas Hay, 40 Valley Rd., spoke from the audience in opposition to the original question and on referral. 9:26 p.m. David Kanter, pr.7, spoke against the subsidiary motion. 9:27 p.m. Scott Burson, pr.4, spoke against the subsidiary motion. 9:28 p.m. David Kessler, pr.3, questioned if referral would be limited to studying the setback aspect only, or if issues in the other two articles would be included. The Moderator explained it would be a larger study. 9:29 p.m. Alan Lazarus, pr.6, spoke in favor of referral. 9:29 p.m. Myla Kabat -Zinn, pr.2, supported referral. 9:30 p.m. Following a voice vote, the Moderator called for a standing vote on the SUBSIDIARY MOTION under ARTICLE 13 made by Anne Ripley. The standing vote is tallied as follows: Precinct Yes No Abstain 1 11 8 - 2 11 6 - 3 13 5 - 4 9 7 1* 5 11 9 - 6 10 8 - 7 0 17 1* 8 5 12 - 9 2 14 - At -Large 3 9 1 TOTAL 75 95 3 Notification received by the Town Clerk from Kenneth Reich (pr.4) and Thomas Verne Griffiths (pr.7) of their wish to be recorded as having abstained from voting on Article 13. 9:34 p.m. Less than the required majority vote, the Moderator declared the Subsidiary Adjourned Session —1999 Annual Town Meeting March 29, 1999 Motion for Article 13 NOT ADOPTED. 9:35 p.m. Frank Sandy, pr.6, explained he would be amending Article 13. Mr. Sandy moved the following amendment: -------------------------------- AMENDMENT: That the following wording be added to the end of the motion for Article 13: "This amendment shall be in effect for one year." -------------------------------- 9:38 p.m. Bruce Collier, pr.3, questioned the impact of the amendment on cell tower installation over one year's time. Frank Sandy provided an explanation. Town Counsel Norman Cohen explained that this is not a moratorium but a change to the By -Law to be only in effect for one year. Mr. Cohen explained current towers within 750 foot restriction would be handled on a case -by -case basis. 9:41 p.m. Kay Tiffany, pr. 8, spoke in favor of the amendment. 9:42 p.m. David Kaufman, pr.6, spoke in opposition. 9:44 p.m. Robert Rotberg, pr.3, questioned Town Counsel on the possible impact of the amendment on the Follen Church tower. Mr. Cohen responded that it would have no affect on the Follen Church case. 9:46 p.m. Kate Priscilla Diamond, pr.6, spoke in support. 9:46 p.m. William Simmons, pr.6, spoke in opposition to the amendment. 9:47 p.m. Myla Kabat -Zinn, pr.2, spoke in support. 9:48 p.m. Richard Canale, pr.9, spoke in opposition. 9:49 p.m. Marsha Byrnes, pr.5, questioned if amendment were to pass, what would be the composition of the committee. The Moderator explained involvement of the Planning Board. 9:51 p.m. Nancy Cannalonga, pr.3, recognized the citizen interest and turnout, and spoke in support of the amendment. 9:51 p.m. David Kanter, pr.7, stated no action should be taken which opposed other statutes, contravening our authority to act. 9:52 p.m. John Hayward, pr. 5, called the question, on the amendment and main motion. 9:52 p.m. Following a voice vote on whether the question on the amendment should now be put, the Moderator declared the question now put. Frank Sandy waived his remaining 3 minutes. 9:53 p.m Following a standing vote on the AMENDMENT, the standing vote is tallied as follows: Precinct Yes No Abstain 1 12 6 - 2 9 8 - 3 10 9 - 4 10 6 1* 5 9 11 - 6 13 5 - 7 4 14 1* 8 9 9 - 9 2 15 - At -Large 5 7 1 TOTAL 83 90 3 9:56 p.m. The Moderator declared the AMENDMENT NOT ADOPTED. 9:57 p.m. Following a standing vote on the MAIN MOTION, the standing vote is tallied as follows: Adjourned Session —1999 Annual Town Meeting March 29, 1999 Precinct Yes No Abstain 1 11 8 - 2 8 9 - 3 5 10 - 4 8 8 1* 5 6 14 - 6 11 6 - 7 2 16 1* 8 8 10 - 9 2 14 - At -Large 3 10 1 TOTAL 64 105 3 10:01 P.M. Less than the required two - thirds vote, the Moderator declared the Main Motion under Article 13 NOT ADOPTED. 10:01 P.M. Frank Sandy, pr.5, served Notice of Reconsideration of Article 13. ARTICLE 17: TRANSFER OF LAND ON MASS. AVENUE AT FLETCHER AVENUE TO CONSERVATION 10:02 p.m. Presented by David Williams, pr. 5. ------------------------------------ MOTION: That the Town transfer the care, custody, management and control of that portion of Lot 170A on Assessor's Property Map 48 not currently used for school or parking purposes and as further designated by the Board of Selectmen, to the Conservation Commission for conservation purposes as provided by Section 8C of Chapter 40 of the General Laws, as amended. -------------------------------------- 10:02 p.m. Theodore R. Page, 6 Fletcher Avenue, presented information on the article and reasons for support. Following Mr. Page with additional information was David Williams. 10:12 p.m. Andrew Friedlich, pr. 5, explained the importance of having green space at that end of town, and requested support. 10:13 p.m. Selectman Chairman Peter Enrich spoke in opposition and of the Board's harmony with the proponents on a great many points but four of the five Selectmen oppose the Article. Mr. Enrich outlined areas of agreement but disagreed with the proponents in that the Board of Selectmen can imagine future situations for which the land's most desirable use might be some use other than open space, although no specific ideas come to mind. For this reason he does not wish to foreclose options this evening. 10:17 p.m. Dawn McKenna presented the Minority Report of the Board of Selectmen, stating her disagreement with the Majority Report by Selectman Enrich. Ms. McKenna spoke of the need to consider preserving this land and supported the article. 10:18 P.M. Shirley Stolz, Capital Expenditures Committee, reported the unanimous opposition of the Committee to the article and of the need to retain the land as part of the municipal complex for future options. 10:20 p.m. Fred Merrill, Planning Board, stated issues similar to those reported by Selectman Enrich and of the importance of the site and concern for future use options. The Planning Board unanimously opposed the article. 10:20 p.m. Fred Rosenberg, School Committee, reported a majority of the School Committee unanimously opposed the article and did not want to foreclose future use options, needing to maintain the site in the municipal inventory. Adjourned Session —1999 Annual Town Meeting March 29, 1999 10:22 p.m. Joyce Miller reported the Conservation Commission had not taken an official vote but feels strongly the land should be open and protected from future development. 10:23 p.m. Elaine Dratch, pr.5, questioned if there was a map for the area being discussed and questioned an earlier traffic study and the impact of the recommended measures in that study to the site /street realignment. Planning Director Bob Bowyer replied that the report had recommended a "T" intersection at Woburn Street. 10:26 p.m. Elaine Dratch, pr.5, questioned the procedure to make the property park land. The Moderator instructed that it would require a new motion at a new town meeting. 10:27 p.m. Elizabeth Whitman, pr.8, spoke in favor and of the need to preserve. 10:28 p.m. David Kanter, pr. 7, spoke in opposition and of his perception that the article is an overreaction to a perceived problem. 10:30 p.m. Anne Hoffman, 6 Hayes Lane, spoke in support. 10:31 p.m. Ephraim Weiss, pr.5, spoke in opposition. 10:33 p.m. Christine Mitchell, 25 Fletcher Avenue, spoke in favor. 10:34 p.m. David Rudner, pr.2, moved the following Article 17 SUBSIDIARY MOTION: --------------- - -- SUBSIDIARY MOTION: That the subject of Article 17 be referred to a committee, consisting of not less than five and not more than nine members, to be appointed by the Selectmen. Such committee should include representatives from the sponsors of Article 17, as well as one member each to be designated by the Conservation Commission, the Center Committee, the School Committee, and the Planning Board. The Committee shall report to the Selectmen at least one month prior to the 2000 annual Town Meeting, at which point Town Meeting may act on the recommendation of the committee." --------------- - - -- 10:38 p.m. Paul Chernick, pr. 6, spoke on preserving the space for the foreseeable future. 10:39 p.m. Selectman Peter Enrich reported three of the five Selectmen oppose and two support the Subsidiary Motion. 10:40 p.m. Shirley Stolz, Capital Expenditures Committee, reported four of the five Committee members oppose and one supports the Subsidiary Motion. Fred Merrill reported the Planning Board unanimously supports the Subsidiary Motion. Fred Rosenberg reported the school Committee favors keeping the area open. Joyce Miller reported three of the Conservation Commissioners support the Subsidiary Motion. 10:42 p.m. Jane Pagett, pr.6 spoke in opposition of referral, citing that Town Meeting must take a proactive stand and defeat referral. 10:43 p.m. Dan Fenn, pr.3, spoke in favor of referral. 10:43 p.m. Perry Pollins, pr.5, spoke in opposition to referral. 10:44 p.m. Ira Bernstein, pr.2, spoke in support of the Subsidiary Motion. Adjourned Session —1999 Annual Town Meeting March 29, 1999 10:45 p.m. Morton Kahan, pr. 8, reported overwhelming support by the Lexington Center Committee for the goals of the original article and of probable support for the Subsidiary Motion. 10:46 p.m. Loretta Porter, pr.9, questioned if the Selectmen has the authority to do something with the land without approval of Town Meeting. Selectman Enrich stated the Selectmen would not do anything but could technically do anything which did not require funding. 10:47 p.m. Bruce Collier, pr.3, spoke in favor of referral. 10:48 p.m. Following a voice vote on the motion for referral, the Moderator declared the MOTION ADOPTED and the article Referred to Committee. 10:49 p.m. The Moderator explained the next article to be taken up at Town Meeting is Article 22, the Operating Budget, and that the Selectmen were indifferent as to whether it is discussed in two weeks or one week and that the decision will be left up to Town Meeting. The Moderator explained that Selectman Enrich will be moving to take up Article 22 on Monday, April 12. Should that motion fail, Selectman Enrich will then move to take up Article 22 on Monday, April 5. 10:50 p.m. Andrew Friedlich, pr.5, served NOTICE OF RECONSIDERATION of Article 17. 10:51 p.m. Selectman Peter Enrich moved to adjourn Town Meeting until Monday, April 12, 1999 at 8:00 p.m. 10:52 p.m. Nyles Barnert, pr. 4, spoke in support of adjournment until April 12 and questioned the availability of new information from the School Committee. 10:53 p.m. Alexander Nedzel, pr.3, spoke in opposition to the April 12 date and urged the meeting to keep moving. 10:54 p.m. Sam Berman, pr.3, questioned if the motion fails. 10:54 p.m. David Rudner, pr.2, moved the question. 10:54 p.m. Following a voice vote, the Moderator declared the question now put. 10:54 p.m. Following a voice vote, the Moderator declared the MOTION NOT ADOPTED. 10:55 p.m. Selectman Peter Enrich moved to adjourn Town Meeting until Monday, April 5, 1999 at 8:00 p.m., at Cary Memorial Hall. 10:56 p.m. Following a voice vote, the Moderator declared the MOTION ADOPTED. A true copy. Attest: Donna M. Hooper, Town Clerk