HomeMy WebLinkAbout2005-11-07-STM-min 2005 SPECIAL TOWN MEETING
November 7, 2005
(See Warrant File for Warrant)
The Special Town Meeting of November 7, 2005 was called to order by Moderator Margery M.
Battin, at 7:30 p.m. at the Cary Memorial Building, 1605 Massachusetts Avenue. A quorum of
177 members was present.
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 reviewed procedural matters.
7:35 p.m. LexMedia Chairman Alan Lazarus announced LexMedia's first broadcasting of
Town Meeting.
7:43 p.m. The Moderator declared the meeting open under Article 1, and would be so during
the duration of the meeting.
ARTICLE 1 REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
7:44 p.m. Helen Cohen, School Committee Chair, introduced Superintendent of Schools
Paul Ash. Superintendent Ash proceeded to introduce central office staff.
7:49 p.m. Presented by Leo McSweeney, pr.9.
ARTICLE 2 ZONING BYLAW, AMEND CB TO CD, 1720 MASSACHUSETTS
AVENUE
MOTION:
That the Code of the Town of Lexington, Zoning By-Law sections, and the
Zoning Map of the Town of Lexington be amended by changing the zoning
district designation of that property commonly known as The Battle Green Inn,
located at 1720 Massachusetts Avenue, and specifically described in a metes and
bounds description on file with the Board of Selectmen and the Planning Board
from the current CB, Central Business District to a CD-Planned Commercial
District to allow construction of a building(s) for the purposes of multi-family
housing and commercial retail space.
The land in the CD, Planned Commercial district shall be subject to the
preliminary site development and use plan originally filed on September 23, 2005,
as amended, including a revised and resubmitted preliminary site development
and use plan dated October 25, 2005, which plan is on file with the Planning
Board and Town Clerk, in accordance with the provisions of the Zoning By-Law
of the Town of Lexington.
7:51 p.m. Eric Shapiro, Battle Green Inn owner, reviewed requested rezoning.
8:07 p.m. Wendy Manz, pr.9, Planning Board Chairperson, moved the Report of the
Planning Board on Article 2 be accepted and placed on file. Motion Adopted
Unanimously. Chairman Manz outlined support of the Planning Board (4-1).
8.27 p.m. Anthony Galaitsis, pr.5, moved the Minority Report of the Planning Board on
Article 2 be accepted and placed on file. Motion Adopted Unanimously.
Mr. Galaitsis explained his opposition.
8:32 p.m. Selectman Hank Manz reported unanimous support of the Board of Selectmen.
8:38 p.m. Conservation Commission Chairman Joyce Miller clarified the Conservation
Commission neither endorses nor opposes the motion.
8:39 p.m. Arthur Katz, pr.3, reported the support of a majority of the Housing Partnership
Board.
8:40 p.m. Sheila Watson, pr.6, reported the support of the Lexington Center Committee.
8:44 p.m. Colin Smith reported the unanimous support of the Design Advisory Committee.
8:48 p.m. Elaine Dratch, pr.5, Transportation Advisory Committee, spoke in support.
November 7, 2005 Special Town Meeting, cont....
8:50 p.m. Members spoke in support and opposition.
9:09 p.m. Ruth Thomas, pr.4, spoke on zoning and moved the following Amendment:
AMENDMENT:
In Section IV of the PSDUP, OTHER ZONING PROVISIONS, in the Sub-Section OFF-STREET PARKING
AND LOADING, Item 5 be replaced by the following:
5)The required parking spaces for the commercial space to be constructed under this PDSUP shall be as follows:
a)One parking space for every 325 s.f. of commercial space shall be available only for commercial space
owners,lessees and their employees. Total 18. [UNCHANGED]
b)Each commercial user shall be assigned the number of spaces in the garage corresponding to the parking
factor of one space for every 325 s.f. [b,c,d&e are NEW]
c)The minimum number of off-street parking spaces required for each individual use of the commercial
space in the CD-Planned Commercial District created under this PSDUP shall be the same number as that
specified in the 2005 Zoning By-Law for the same commercial use in the CB District. Accordingly, if a
particular use requires more than one parking space for every 325 s.f,the user shall have to demonstrate to the
satisfaction of the Building Commissioner or designee that the required number of additional off-street parking
spaces will be provided outside the garage.
d)If a new Zoning By-Law, enacted in the future,reduces the number of required off-street parking spaces
for a particular commercial use in the CB District,then at the applicant's request,the Board of Appeals may grant
a Special Permit to reduce the off-street parking requirements for that particular commercial use in this CD-
Planned Commercial District to conform to the provisions for the same use applicable to the CB District in the
modified Zoning By-Law.
e)A change in commercial use shall trigger a review by the Zoning Enforcement Officer to validate that the
number of spaces being provided for the proposed commercial use meets the parking requirements specified
herein.
9:12 p.m. Ruth Thomas explained proposed amendment.
9:16 p.m. John Farrington, Attorney for proponent, spoke in support of amendment.
9:20 p.m. Charles Hornig reported opposition by a majority of the Planning Board.
9:25 p.m. Standing vote on the amendment tallied as follows:
Precinct Yes No
1 2 14
2 4 11
3 4 12
4 5 13
5 6 10
6 3 15
7 1 17
8 3 13
9 2 10
At Large 2 9
Total 32 124
9:29 p.m. Amendment Not Adopted.
9:29 p.m. Members and residents spoke in support and opposition of the main motion.
9:50 p.m. Tourism Committee Chairman Dawn McKenna reported the committee took no
stand on the motion.
10:00 p.m. Michael Martignetti, pr.4, moved the question. Motion Adopted.
10:01 p.m. Standing vote on the main motion tallied as follows:
Precinct Yes No
1 10 8
2 13 3
3 14 5
4 17 2
5 11 6
6 16 4
7 20 0
8 14 2
9 13 4
At Large 11 1
Total 139 35
10:08 p.m. Motion Adopted.
10:09 p.m. Jerold Michelson, pr.5, served Notice of Reconsideration on Article 2.
November 7, 2005 Special Town Meeting, cont. & November 9&10, 2005 Adjourned Sessions of the
November 2005 Special Town Meeting
10:09 p.m. Selectman Jeanne Krieger moved the meeting be adjourned until 7:30 p.m.,
Wednesday, November 9, 2005, Cary Memorial Building. Motion Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
Adjourned Session of the 2005 Special Town Meeting
November 9, 2005
The Moderator called the second session of the November 7, 2005 Special Town Meeting to
order at 7:30 p.m., Cary Memorial Building. A natural gas explosion and Hancock Avenue
house fire earlier in the day has caused a community-wide emergency. The Moderator
questioned the presence of a quorum.
Town Clerk Donna M. Hooper stated that a quorum was not present. (In attendance: Moderator
Margery M. Battin; Town Clerk Donna M. Hooper; Town Counsel William Lahey; Selectman
Hank Manz; Town Meeting Members Richard Battin, Dan Fenn and Wendy Manz; Budget
Officer Michael Young, and Tom Fullen, DPW)
Town Counsel William Lahey moved: Due to the gas emergency, and the lack of a quorum,
I move to adjourn this session of Town meeting to tomorrow evening, November 10, 2005 at
7:30 p.m., Cary Hall.
Motion Adopted Unanimously.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
Adjourned Session of the 2005 Special Town Meeting
November 10, 2005
The Moderator called the third session of the November 7, 2005 Special Town Meeting to
order at 7:30 p.m., Cary Memorial Building. The Moderator questioned the presence of a
quorum.
Town Clerk Donna M. Hooper stated that a quorum was not present. (In attendance: Moderator
Margery M. Battin; Town Clerk Donna M. Hooper; Town Counsel William Lahey; Selectman
Hank Manz; Town Meeting Members Richard Battin and Sandra Shaw; Budget Officer Michael
Young, and Louis Orifice, DPW)
Town Counsel William Lahey moved: Due to the gas emergency, and the lack of a quorum, I
move to adjourn this session of Town meeting to Monday evening, November 14, 2005
at 7:30 p.m., Cary Hall.
Motion Adopted Unanimously.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
Adjourned Session of the November 2005 Special Town Meeting
November 14, 2005
The Moderator called the fourth session of the November 7, 2005 Special Town Meeting to
order at 7:30 p.m., Cary Memorial Building. A quorum of 152 members was present.
ARTICLE 1 REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
7:32 p.m. Selectman Jeanne Krieger introduced Carl Valente, appointed Town Manager on
July 11, 2005. The Town Manager updated the meeting on the situation
resulting from a KeySpan gas explosion on Wednesday, November 9, 2005 and
recognized the efforts of so many, including Fire Chief William Middlemiss,
Police Chief Christopher Casey and Plumbing Inspector Donald LaConte.
Members recognized the efforts of all involved with a standing ovation.
7:42 p.m. Alan Levine, pr.7, moved the Report of the Appropriation Committee be accepted
and placed on file. Adopted Unanimously.
7:49 p.m. Presented by Selectman Norman Cohen.
ARTICLE 3 USE OF DRIVEWAY OF MASSACHUSETTS AVENUE
MOTION: That the Selectmen be and they hereby are authorized to grant a permanent
easement to David and Tetiana Pronchick to continue to use the existing portion
of their driveway located at 1888 Massachusetts Avenue that extends onto Lot
166 shown on Assessor's Map 49 for one dollar and on such other terms as the
Selectmen may determine.
7:50 p.m. Selectman Cohen explained requested action.
7:53 p.m. Members questioned legal use of the area in question.
8:00 p.m. Following a voice vote, the Moderator declared Motion Adopted Unanimously.
8:00 p.m. Presented by Selectman Richard Pagett.
ARTICLE 4 PRIOR YEARS' UNPAID BILLS
MOTION: That $528,178 be appropriated to pay unpaid bills for goods and services rendered
to the School Department for FY2005, and that to raise such amount $528,178 be
transferred from the Unreserved Fund Balance.
8:01 p.m. School Committee Chairman Helen Cohen summarized action requested in
Articles 4 and 5.
8:07 p.m. Superintendent Paul Ash further explained need for requested funding.
8:12 p.m. Richard Pagett reported unanimous support of the Board of Selectmen.
8:16 p.m. Alan Levine , with further comments by John Bartenstein, reported unanimous
support of the Appropriation Committee.
8:18 p.m. Members questioned unpaid bills and over-budgeted items, to which
Superintendent Ash responded.
8:26 p.m. Following a voice vote, the Moderator declared Motion Adopted Unanimously.
8:27 p.m. Alan Levine served Notice of Reconsideration on Article 4.
November 14, 2005 Adjourned Session of the November 2005 Special Town Meeting, cont...
8:28 p.m. Presented by Selectman Jeanne Krieger
ARTICLE 5 SUPPLEMENTARY APPROPRIATIONS
MOTION: (a) That, in addition to the amount previously appropriated
therefore at the 2005 annual Town Meeting, $847,396 be appropriated for Line
Item 1100 Lexington Public Schools for the current fiscal year's budget, and that
to raise such amount, $57,000 be transferred from Line Item 1200 Minuteman
Regional School of the current fiscal year's budget, $434,287 be transferred from
the Unreserved Fund Balance, and that $356,109 be raised in the tax levy;
(b)Further, that $425,000 be appropriated to reduce the tax levy for the fiscal year
beginning July 1, 2005, and that such amount be transferred from Overlay
Surplus.
The Moderator explained part (A) and part (B) would be voted separately.
8:28 p.m. Helen Cohen, School Committee Chairman, commented on funds
requested. Superintendent Paul Ash commented further.
8:50 p.m. Selectman Jeanne Krieger reported the Board of Selectmen's unanimous support
for part (A). Alan Levine reported the Appropriation Committee's unanimous
support for part (A).
8:53 p.m. James Shaw, pr.5, explained and moved the following:
AMENDMENT: The motion under Article 5, Part (A) be amended by striking the
figure $847,396 and substituting therefore the figure $922,396, and by striking the figure
$434,287 and substituting therefore the figure $509,287.
Mr. Shaw spoke on the amendment.
9:00 p.m. Helen Cohen reported the School Committee's opposition (4-1).
9:03 p.m. Jeanne Krieger reported the unanimous opposition of the Board of Selectmen.
9:03 p.m. Alan Levine reported the unanimous opposition of the Appropriation Committee.
9:04 p.m. Alessandro Alessandrini, pr.2, spoke in support.
9:05 p.m. Ephraim Weiss, pr.5, questioned cancellation of the grant.
After a brief recess School Committee Chairman Helen Cohen, and school administrators,
commented on school wellness programs and grant discontinuation.
Members questioned further the school wellness programs and if the amendment were to be
adopted how the funds would be used.
High School students spoke in support of the Lexington's Drug Free Community Support
Program.
9:17 p.m. Superintendent Paul Ash confirmed he wouldn't recommend funds be used for the
proposed purpose.
9:18 p.m. Members spoke in support and questioned possible municipal programs that
might fill any void in loss of program.
9:32 p.m. Following a voice vote, the Moderator declared the Amendment Not Adopted.
9:34 p.m. Fred Martin, pr.7, questioned staffing availability to effect fiscal controls newly
identified. Superintendent Ash confirmed sufficient staffing.
9:35 p.m. Nyles Barnert, pr.4, questioned severing relationship between Lexington Public
Schools and Minuteman Technology High School. Superintendent Ash
confirmed severing middle school program relationship.
9:36 p.m. Members further presented questions on budget cuts and programmatic impact,
with Superintendent Ash responding.
9:47 p.m. Andrew Friedlich, pr.5, moved the question. Motion Adopted.
Following a voice vote on Article 5, Part (A), the Moderator declared the Motion Adopted
Unanimously.
November 14, 2005 Adjourned Session of the November 2005 Special Town Meeting, cont.
9:48 p.m. Selectman Jeanne Krieger moved the motion under Article 5, Part (B) and
explained the motion to be a housekeeping action needed to transfer funds from
the Overlay Surplus.
9:50 p.m. Alan Levine reported the unanimous support of the Appropriation Committee for
Article 5, Part (B).
9:50 p.m. Following a voice vote, the Moderator declared Article 5, Part (B) Adopted
Unanimously.
9:50 p.m. Presented by Selectman Peter Kelley.
ARTICLE 6 SCHOOL PROJECTS AND EQUIPMENT
MOTION: That this article be indefinitely postponed.
9:50 p.m. Helen Cohen, School Committee Chairman, requested Superintendent Ash be
recognized. Superintendent Ash explained needed repairs and planned use of
current available funds.
9:58 p.m. Peter Kelley reported the unanimous support of the Board of Selectmen.
9:59 p.m. Alan Levine reported the unanimous support of the Appropriation Committee.
10:00 p.m. Following a voice vote, the Moderator declared Motion Adopted Unanimously.
10:00 p.m. Selectman Jeanne Krieger moved the Special Town Meeting be dissolved.
Motion Adopted Unanimously.
A true copy.
Attest:
Donna M. Hooper, Town Clerk