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Home My WebLink About1986-03-03 to 1986-05-12-ATM-min 5 4 ANNUAL TOWN MEETING - MARCH 31, 1986 The meeting was called to order in Cary Memorial Hall by Lincoln P. Cole, Jr., Moderator, at 8 P.M. There were 179 Town Meeting Members present. The invocation was offered by Rev. Kyriakos V. Saravelas, Pastor, St. Nicholas Greek Orthodox Church. 8 :02 P.M. The warrant for the meeting was read by Town Clerk, Mary R. McDonough, until further reading was waived. 8 :03 P.M. The Constable's Return of the warrant was read by the Town Clerk. 8:04 P.M. For the benefit of the new Town Meeting Members, and as a refresher for all, the Moderator gave a brief outline of the proceedures of town meeting relating to motions, discussion on the articles etc. 8 :06 P.M. Graydon M. Wheaton, past Chairman of the Town Meeting Members .,As'so.c . . read a report (not filed with Town Clerk) relating to recommendations of the Executive Board regarding ways to shorten town meeting. 8 :11 P.M. Article 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES Michael J. O'Sullivan, Chairman of the Appropriation Committee, moved that the report of the Appropriation Committee be accepted and placed on file. Adopted unanimously. 8:12 P.M. Daniel L. McCabe, Chairman of the Capital Expenditures Committee, moved that the report of the Capital Expenditures Committee be accepted and placed on file. Adopted unanimously. 8:13 P.M. The Moderator stated that Article 2 would be open throughout the meeting and all sessions thereof. Article 3. APPOINTMENTS TO CARY LECTURE SERIES Presented by John C. Eddison, Selectman. MOTION: That a committee of three be appointed by the Moderator to have the charge of the lectures under the wills of Eliza Cary Farnham and Suzanna E. Cary for the current year. Adopted unanimously. 8 :14 P.M. Article 4. OPERATING BUDGET Presented by John C. Eddison. MOTION: That the following amounts be appropriated for the ensuing fiscal year and be raised in the tax levy except where a transfer is indicated they shall be provided by such a transfer. 8 :15 P.M. John C. Eddison, Acting Chairman of the Board of Selectmen, explained that the schedule is to have six Monday and Wednesday sessions of this meeting through April 16. They are hoping to have completed the financial articles, except Article 35 before the meeting reconvenes on April 28. He added that the Board of Selectmen supports the report of the TMMA regarding the avoidance of time waste at town meetings. } /�[ P. 8.1 M (Annual Towt Mo6ti Article 4. Robert M. Hutchinson, Jr., Town Manager, presented a budget over - (Cont.) view as it relates to the tax rate, referencing major categories of expense and showing major increases. 8:30 P.M. Michael J. O'Sullivan explained that the Appropriation Committee had chosen selective account numbers of interest but were going to challenge only one account- the Fire Department Expense budget. 8:35 P.M. The Moderator read the line items as follows: Selectmen's Department t #1000 Personal Services $ 35,860 1050 Expenses 9,450 8:36 P.M. Town Manager's Office 1060 Personal Services 161,895 1065 Expenses 10,000 8 :37 P.M. Town Manager's Jurisdiction 1070 Temporary Help & Overtime 35,000 1075. Clerical Pool 14,224 1080 Office furniture & Fixtures 4,000 1090 General Professional Services 75,000 1125 Fire & Police Medical 35,000 1130 Director of Guides -- P.S. 1,000 1135 Out -of -State Travel 5 1141 Tuition & Training Fees 11,500 1142 In -State Travel 10,000 8 :37 P.M. Selectmen's Jurisdiction 1148 Safety Program Expenses 500 8 :37 P.M. Town Clerk's Department 1150 Personal Services 84 1200 Expenses 1 8 :38 P.M. Board of Appeals 1500 Personal Services 19,182 1550 Expenses 2 8 :38 P.M. Planning Board 1600 Personal Services 74,109 8:38 P.M. (Amend. Jacqueline B. Davison moved that line item 1600 be amended to add Lost) $10,000 to the Planning Board Personal Services account. It would then read $84,109. 8:38 P.M. Mrs. Davison explained that the increase would be for the hiring of a part time planner 8 :43 P.M. Selectman Jacquelyn R. Smith, a former member of the Planning Board, said that the Selectmen, although sympathetic, would rather wait for a few years and do not recommend favorable action on the amendment at this time. Judith J. Uhrig Chairman of the Planning Board, voiced the same opinion although she thanked Mrs. Davison and said that the board would love to be able to accept. She said that the Planning Board unanimously opposed the amendment. 8 :45 P.M. 4, 8, (Annual own Meeting March 31, 1986) Article 4. Planning Board (Cont.) (Cont.) Michael J. O'Sullivan said that the Appropriation Committee recommended unfavorable action on the amendment. 8:46 P. M. Motion to amend line item #1600, as offered by Mrs. Davison, was declared lost by voice vote. 8:48 P.M. 1650 Expenses 65035 8:48 P.M. Insurance 1700 Group 13,900,080 1750 Municipal Property & Workmen's Compensation 475,000 8:48 P.M. Printing Town Report 1760 Expenses 5,750 8:49 P.M. Law Department 1775 Law Fees 1103000 1800 Law Expenses 25,000 8 :55 P.M. Elections 1900 Selectmen Jurisdiction 25,200 1950 Town Clerk Jurisdicition 21,665 8:55 P.M. Board of Registrars 2000 Personal Services 109499 2050 Expenses 21,500 8:56 P.M. Town Committees 2250 Appropriation Committee Expenses 925 2370 Misc. Committees & Boards Expenses 5,000 2400 Town Celebrations Committee Expenses 10 8:56 P.M. Historic Districts Commission 2450 Expenses 2,000 8:56 P.M. Conservation Commission 2460 Expenses 9,760 2465 Personal Services 40,402 8:57 P.M. Recreation Committee 2470 Personal, Services 1441,166 2480 Expenses 20,300 8:57 P.M. Treasurer /Collector's Department 2500 Personal Services 116,318 2525 Expenses 183862 And further that the Treasurer and Collector is hereby authorized to enter into compensating balance agreements during fiscal years 1986 and 1987, as permitted by General Laws Chapter 44, Section 53F. 2575 Foreclosure & Redemption 5,225 8:57 P.M. olpl� 3 4 . (Annual "Town Meeting - March. 31, 1986) Article 4. Comptroller's Department (Cont.) #2800 Personal Services 155,833 2850 Expenses 6,975 8:57 P.M. Comptroller's Jurisdiction 2925 Office Machines - Capital Outlay 35,000 2930 Office Machines- Maint. & Repair 31,950 2935 Office Services- Copier & Supplies 13,000 2940 Metered Mail 361300 8:58 P.M. Assessors' Department 2950 Personal Services 87,184 3000 Expenses 11 8:58 P.M. Health Department 3250 Personal Services 77,633 3300 Expenses 20,170 3320 Visiting Nurse & Community Health 7,823 8:58 P.M. Questions were raised by: Margaret F. Rawls re #2925 James M. McLaughlin re #3320 Robert I. Rotberg re #2925 The Town Manager supplied the necessary information to each. 9:03 P.M. 3450 Rabies Clinic 3,025 9:03 P.M. Health Jurisdiction - Animal Control Officer 3500 Personal Services 18,512 3550 Expenses 7 9:04 P.M. Police Department 3760 Police Department Management and Staff - Personal Services 495,962 (Of which $10,360 is to be transferred from the Parking Meter Fund) 3770 Police Department Collective Bargaining Unit - Personal Services 1 3800 Expenses 230 3900 Parking Meter Maintenance 3,640 (Of which $3,640 is to be transferred from the Parking Meter Fund) 9 :05 P.M. Fire Department 4110 Fire Department Management and Staff- Personal Services 174,642 4120 Fire Department Collective Bargaining Unit - Personal Services 1,658,035 4150 Expenses 149 9:05 P.M. (Amend. Michael J. O'Sullivan moved that for line item 4150 - Fire Department Lost) Expenses - the amount $137,845 be substituted. 9:05 P.M. . , < < .i....:..., .<.,,.,..... ...,.....,. :. ., _..... >< .. : ......... .. . <...,.,.. ,,, - r ow (Ant.ual To'wn Meeting March 31, 1986) Article 4. Fire Department (Cont.) (Cont.) Michael J. O'Sullivan, speaking for the Appropriation Committee, said that the decrease in this line item was to remove the appro- priation for a vehicle for the Safety Officer. The feeling was that it would be more cost effective to give the officer mileage compensation for the use of his personal vehicle. 9:07 P.M. Robert M. Hutchinson, Jr. voiced his disagreement with the Appro- priation Committee as did Fire Chief, John D. Bergeron. 9:14 P.M. Mr. O'Sullivan's motion to amend line item #4150 was declared lost by voice vote. 9:15 P.M. Local Disaster Services #4300 Personal Services 200 4350 Expenses 500 9:15 P.M. Inspection Department 4450 Personal Services 114 4500 Expenses 3,800 9:16 P.M. Director of Public Works Office 4900 D.P.W. Collective Bargaining Unit - Personal Services 1 (Of which $55,000 is to be transferred from the Westview Perpetual Care Fund) 4950 Public Works Management and Staff Personal Services 425,844 5000 Expenses 16,850 9:17 P.M. Enineering Department 5100 Personal Services 265,670 5150 Expenses 18 9 :17 P.M. Town Buildings Maintenance 5200 Personal Services 115,386 5250 Expenses 218,500 9:17 P.M. The Town Manager, in answer to questions raised by Julian J. Bussgang, said that the Group Medical Insurance carrier is Blue Cross -Blue Shield, Master Medical but the town is currently reviewing the Master Plus. In regards to the 5% increase in the appropriation requested, it might not be needed but that is not known at this time. If not needed, it will not be used. 9:23 P.M. Highwa /Traff is Division 5400 Expenses 198,900 9:25 P.M. Road Machinery 5450 Expenses 257,200 9:25 P.M. (Annual Town Meeting - March 31, 1986) Article 4. Snow Removal (Cont.) #5500 Expenses 163,200 9 :25 P.M. William T. Spencer voiced his concerns about the chemicals used for snow and ice on the streets. 9:28 P.M. Street Lights 5600 Expenses 407,000 9 :28 P.M. Sewer & Water Maintenance 5700 Expenses 247 9:28 P.M. Refuse Collection 5800 Contract 832,400 9 :28 P.M. Sanitary Landf ill 5850 Expenses 3,650 9:28 P.M. Park /Shade Tree Division 6000 Expenses 102,755 9:28 P.M. Insect Suppression 6050 Expenses , 1350 9:28 P.M. Cemeteries 6400 Expenses 20 9:28 P.M. HUMAN SERVICES Veterans' Benefits 7100 Personal Services 16 7150 Administration 300 7200 Aid & Expenses 12 7250 Grave Registration Expenses 200 7300 Burial Expenses 1,100 9:29 P.M. Council on Aging 7340 Personal Services 46,959 7360 Expenses 51,500 9:29 P.M. Other Human Services 7410 Mystic Valley Mental Health 21,000 7430 Community Services 71,079 9:29 P.M. 5 (Annual Teton Meeting March 31, 1986) Article 4. Cary Memorial Library (Cont.) #7500 Personal Services 642,701 7550 Expenses 1993075 (Of which $2,441.34 is to be transferred from the County Dog License Fees. $14,739 in Regular State Aid and $8,544 in Supplemental State Aid to Public Libraries is also available for use by the Trustees of the Library.) 9:30 P.M. Board of Retirement 7800 Contributory Pension Fund 1,600,000 In addition, $200,000 of excess investment income in the Retirement Fund is also approved for use by the Board of Retirement. 7810 Pension Funding 300,000 (Of which $300,000 is to be transferred from the Reserve Fund- Overlay'Surplus.) 9:36 P.M. Sam Silverman moved that line item 7810 have the following added: (Resolution) be it resolved that the town meeting instructs the town's Lost) representative and senator in the State Legislature to make every effort to see that a reasonable portion of any surplus in the state revenues be utilized to reduce the unfunded pension liabilities of the towns and cities in The Commonwealth. 9:37 P.M. After Mr. Silverman gave a short explanation, John C. Eddison said that the Selectmen unanimously felt that this amendment has merit but they are reluctant to support it. 9:45 P.M. Mr. Silverman's motion to amend declared lost by voice vote. 9:45 P.M. 7825 Non - Contributory Pension Fund 221 7850 Expenses 4 9:48 P.M. Public Schools 7920 Public School - Education 20 (Of which $11,950.00 is for out of state travel.) To which the sum of $276,150 in available and antici- pated P.L. 874 and other Federal and State Funds, and $20,000 in available and anticipated athletic receipts is to be applied and the balance of $20,564,525 is to be raised in the tax levy. 9:49 P.M. Shepard Anthony Clough, Chairman of the School Committee, said that the school budget was a major effort by the Committee with an increase of 4.2 %. He asked that Geoffrey Pierson, Superin- tendent of Schools be recognized. Dr. Pierson, with the aid of slides, summarized the school budget. 10 P.M. After voicing the concerns of the Capital Expenditures Committee relative to the closing of Maria Hastings School, Richard A. (Amendment Michelson moved to refer the School Budget, line item #7920, back Lost) to Committee to be further studied and to be considered after the vote on Article #35. 10:08 P.M. Mr. Clough, speaking for the School Committee, and John C. Eddison, speaking for the Board of Selectmen, urged defeat of the amendment offered by Mr. Michelson. 10:18 P.M. (Annual Town Meetin - March 31, 1986) Article 4. Public Schools (Cont.) (Cont.) Mr. Michelson's motion to refer declared lost b voice vote, which was doubted b more than the re twent members, so a standin vote was taken as follows: Precinct In Favor Tellers Opposed 1 4 Nanc C. Gordon 13 2 3 Arthur C. Smith 9 3 13 Maril K. Mairson 6 4 2 Gale H. Nill 11 5 6 Julie F. Triessl 11 6 2 Lisabeth M. White 12 7 3 Jac H. Ward 9 8 12 Ro F. Bor 4 9 8 Mar E. Coppe 9 At Lar .7 John R. Campbell 12 Totals 60 96 Mr. Michelson's motion to refer declared lost. 10:24 P.M. John C. Eddison presented the followin resolution: (See RESOLUTION Pa 554 for WHEREAS, the Town of Lexin has operated under bud Resolu- constraints for ei y ears, first under the 4% tax cap and then tion as under the limitations of Proposition 2' and adopted) WHEREAS, inflation and certain fixed costs are uncontrollable b the Town and WHEREAS., controllable costs have been curtailed to the extent possible without seriousl j eopardizin g the q ualit y of services delivered to our citizens and WHEREAS, reserve funds and taxin abilit have been used to their practical limits and the remainin source of revenue increase can I onl be derived from local aid and WHEREAS, man cities and towns have received ne local aid increases for several successive y ears ; and WHEREAS, Lexin has led the drive to support poorer communities under fiscal stress, while also supportin formulas that insure e so that all can g row ; and WHEREAS, the formula proposed b the Administration and the Le penalizes communities like Lexin b forcin us to cut back on needed maintenance and services at the ver time the Town is tr to accomodate pro such as low/moderate income and affordable housin and WHEREAS, the State is en enormous economic health and WHEREAS, the formula for offsettin the loss of Federal General Revenue Sharin funds cannot be explained b an and WHEREAS, the State has.proposed under General Revenue Sharin that some communities receive as much as $16.00 per capita and some like Lexin receive 80t per capita THEREFORE., BE IT RESOLVED that the Town of Lexin throu its Town Meetin and Board of Selectmen notif the Governor and the Le throu its Le that it ur seeks relief throu an ad of the Local Aid Formula that would provide for a minimum increase in the General Revenue Sharin component of the formula to compensate all communities for 100% of their losses for Fiscal Year 1987. 10:31 P.M. . ........... (Antua. Town Mccting March 31, 196) Article 4. Public Schools (Cont.) (Cont.) In answer to a question raised by Arthur C. Smith, the Moderator ruled that the resolution was within the scope of the article. 10:32 P.M. After Mr. Eddison's explanation of the resolution, Michael J. O'Sullivan stated that the Appropriation Committee unanimously supported the Selectmen. 10:37 P.M. William T. Spencer, with the approval of the Selectmen, moved to add after "losses" in the last line of Resolution "owing to withdrawal of Federal General Revenue Sharing funds ". 10:40 P.M. Mr. Spencer's motion to amend the Resolution was declared adopted unanimously. 10:41 P.M. Shepard Anthony Clough voiced the support of the Selectmen by the School Committee. 10:42 P.M. The Resolution, as presented by Mr. Eddison and amended by Mr. Spencer, now reads: (Resolution RESOLUTION as adopted) WHEREAS, the Town of Lexington has operated under budgetary constraints for eight years, first under the 4% tax cap and then under the limitations of Proposition 22; and WHEREAS, inflation and certian fixed costs are uncontrollable by the Town; and WHEREAS, controllable costs have been curtailed to the extent possible without seriously jeopardizing the quality of services delivered to our citizens; and WHEREAS, reserve funds and taxing ability have been used to their practical limits and the remaining source of revenue increase can only be derived from local aid; and WHEREAS, many cities and towns have received negligible local aid increases for several successive years; and WHEREAS, Lexington has led the drive to support poorer communities under fiscal stress, while also supporting formulas that insure equity so that all can grow; and WHEREAS, the formula proposed by the Administration and the Legislature penalizes communities like Lexington by forcing us to cut back on needed maintenance and services at the very time the Town is trying to accomodate programs such as low /moderate income and affordable housing; and WHEREAS, the State is enjoying enormous economic health; and WHEREAS, the formula for offsetting the loss of Federal General Revenue Sharing funds cannot be explained by anyone; and WHEREAS, the State has proposed under General Revenue Sharing that some communities receive as much as $16.00 per capita and some like Lexington receive 80t per capita; THEREFORE, BE IT RESOLVED that the Town of Lexington through its Town Meeting and Board of Selectmen notify the Governor and the Legislature through its Legislators that it urgently seeks relief through an adjustment of the Local Aid Formula that would provide for a minimum increase in the General Revenue Sharing component of the formula to compensate all communities for 100% of their losses owing to withdrawal of Federal General Revenue Sharing funds for Fiscal Year 1987, Resolution, as presented by Mr. Eddison and amended by Mr. Spencer, declared adopted unanimously. 10:43 P.M. (Annual Town Mee - March 31, 1986) 0 R Article 4. Public Schools (Cont.) (Cont.) #8100 Re Vocational Technical Hi School Assessment 305,309 10:43 P.M. 8500 Interest on Debt 22.,283 10:43 P.M. (See John C. Eddison moved to table line item #8525. Pa 72.' Adopted unanimousl 10:43 P.M. Book 23) 8550 Maturin Debt 260,000 10:43 P.M. Motion as presented under Article 4, as amended, with the exception of line item #8525, declared adopted unanimousl 10:43 P.M. James E. Barr served notice of reconsideration of Article 4. 10:44 P.M. Robert I. Rotber served notice of reconsideration of line item #7920 in Article 4. 10:44 P.M. Julian J. Buss served notice of reconsideration of line item #1700 in Article 4. 10:45 P.M. John C. Eddison moved that this meetin be ad to Wednesda April 2, 1986 at 8 P.M. in Car Memorial Hall. Adopted b voice vote. 10:46 P.M. A true cop Attest: Mar R. McDonou Town Clerk *William W. Welch, Jr. g ave written notice that he would abstain from votin on line items #1700, 1750., 7920. Mar R. McDonou and Lincoln P. Cole, Jr. abstained from votin on Article 4. ADJOURNED SESSION OF THE 1986 ANNUAL TOWN MEETING APRIL 2, 1986 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8:02 P.M. in Cary Memorial Hall. There were 180 Town Meeting Members present. Invocation offered by Rev. Brian Dixon of the First Baptist Church. 8:04 P.M. The Moderator informed the meeting that Article 2 would remain open until E the final dissolution of the 1986 Annual Town Meeting. 8 :05 P.M. Article 2. REPORTS OF TOWN OFFICERS, BOARDS, COMMITTEES lone Garing, Chairman of the Cary Lectures Committee, moved that the report of the Cary Lectures Committee be accepted and placed on file. Adopted unanimously. 8 :05 P.M. John C. Eddison moved that the report of the Town Manager be accepted and placed on file. Adopted unanimously. 8 :05 P.M. Judith J. Uhrig, Chairman of the Planning Board, said that on April 9th at 7:30 P.M. in Estabrook Hall, the Planning Board will hold open house to discuss any zoning article and to go over any amendments that may be contemplated. She added that it is the wish of the Board to move that citizens articles be brought up on a date certain so that neighbors W %W may be in attendance. She said that they would move that Articles 47, 48 and 49 be taken up out of order and that Article 48 be postponed to April 14 and the two Waltham Street articles be postponed j p p to April 28. Judith J. Uhrig moved that Article 47 be taken up at this time. 8 :11 P.M. Adopted by voice vote. 8 :11 P. M. Article 47. AMEND ZONING BY- -LAW, WALTHAM STREET, RO to RD Judith J. Uhrig moved that Article 47 be taken up on Monday, April 28. 8:12 P.M. After some discussion, Mrs. Uhrig moved to table Article 47 and this motion was declared adopted by voice vote. 8:15 P.M. (See Pages 53 -61 inc.) Article 2. Judith J. Uhrig said that there would be information on the back table for next Monday night with an explanation on the proposed order and dates of presentation of Articles 47, 48 and 49. 8:15 P.M. Shepard Anthony Clough, Chairman of the School Committee, gave a brief oral report on Article 48 - School Department Computer. The bids were opened this past Monday night and they are now being studied. On Thursday at 7:30 P.M. on Channel 3 there will be a program regarding computers in the school system. William T. Spencer invited the Town Meeting Members to visit the computer center at the High School. 8:18 P.M. Alan J. Lazarus asked if there would be video tapes of this program available at the library and Mr. Clough said that they intended to show this program in the lobby of Cary Hall at 7:30 P.M. before the next town meeting session. 8:19 P.M. (Ad'ourend Session of the 1986 Annual Town Meeting - 2, 1986) Article 5. SALARY ADJUSTMENTS AND COLLECTIVE BARGAINING SETTLEMENTS Presented by John C. Eddison, Acting Chairman of the Board of Selectmen. MOTION: That $360,000 be appropriated for the ensuing fiscal year, in addition to those authorized under Article 4 of this warrant, to fund cost items (a) included in collective bargaining agreements reached between the Town and employee organizations and (b) resulting from such agreements as they bear on the Town employee wage and salary plan, and that such amount be raised in the tax levy. The amount voted is to be distributed among the following accounts as authorized by the Board of Selectmen. ACCT. # DEPARTMENT 1000 Selectmen's Department 1060 Town Manager's Office 1070 Temporary Help & Overtime 1075 Clerical Services 1130 Director of Guides 1150 Town Clerk's Office 1500 Board of Appeals 1600 Planning Board 2000 Board of Registrars 2465 Conservation Commission 2470 Recreation 2500 Treasurer & Collector's Office 2800 Comptroller's Office 2950 Assessor's Office 3250 Health 3500 Animal Control 3760 Police Management and Staff 3770 Patrolmen and Sergeants -- Personal Services 4110 Fire Management and Staffs. 4120 Fire Collective Bargaining Group - Personal Services 4450 Inspection i 4900 D.P.W. Collective Bargaining Group - Personal Services 4950 D.P.W. Management and Staff 5100 Engineering 5200 Town Building Maintenance 7100 Veterans' Services 7340 Council on Aging 7500 Library 8:21 P.M. Michael J. O'Sullivan said that the Appropriation Committee recommended favorable action on this article. 8:23 P.M. Adopted unanimously. 8:23 P.M. Article 6. SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR (FY86) Selectman William J. Dailey, Jr. said that he would first like to give a report under Article 2. He said that originally this article was going to be indefinitely postponed but one of the two fuel tanks at the D.P.W. has water in it and is being checked out for the cause. These 35 year old tanks hold 5,000 gallons each and if one is to be replaced, it would make sense to replace both. 8:24 P.M. t John C. Eddison moved to table Article 6. Adopted unanimously. 8:25 P.M. (See Page 23) (Adjourned Session of the 1986 Annual Town Meeting April 2, 1986) Article 7. PRIOR YEARS' UNPAID BILLS Presented by John C. Eddison. MOTION: That this article be indefinitely postponed. Adopted unanimously. 8:25 P.M. Article 8. SUPPLEMENTAL APPROPRIATIONS FOR AUTHORIZED CAPITAL IMPROVEMENT PROJECTS k Presented by Leo P. McSweeney. MOTION: That the sum of $19,500 be appropriated, in addition to the amount appropriated under Article 53 of the warrant for the 1985 Annual Town Meeting, to develop a ball field lighting program for the Center Playground, and that to raise.such amount $19,500 be transferred from the unexpended balance of the amount appropriated under Article 54 of the warrant for the 1985 Annual Town Meeting. 8 :26 P.M. Mr. McSweeney gave a short explanation. 8:28 P.M. Sam V. Nablo, Chairman of the Recreation Committee, gave a lengthy explanation with the aid of view graphs. The original appropriation for Phase 1 was $72,760 but the 1986 bid was $91,000. Mr. Nablo urged support of this article as there is an April 15th deadline to accept the bid. 8:37 P.M. Michael J. O'Sullivan voiced the support of the Appropriation Committee of this article, explaining why they did not support the request for a transfer. As the vote in 1985 was close, the committee felt that it should come before town meeting again as they had a responsibility to the citizens of the town. 8:41 P.M. Georgia S. Glick wondered what the effect of 40 foot and 70 foot g high lights would have on the neighbors. Mr. Nablo answered that recreational lighting has changed in recent years and is much improved. 8 :43 P.M. Stan N. Finkelstein asked what would happen if town meeting did not approve this article and Mr. Nablo answered that the project could not go forward. 8 :44 P.M. Robert I. Rotberg complimented the Appropriation Committee for bringing this back to town meeting this year and then about users fees. Mr. Nablo stated that the users fees take. care of the power consumption. 8 :47 P.M. James M. McLaughlin moved the previous question which was declared adopted by voice vote. 8:50 P.M. Main motion adopted3 vote. 8:50 P.M. John C. Eddison moved reconsideration of Article 8 immediately. 8:50 P.M. Mr. Eddison explained that, due to the April 15th deadline for the bid, .he hoped his motion would not prevail. That would then close the article as no motion for reconsideration may be made twice for the same article. 8:50 P.M. Concerned about a precedent, Ephraim Weiss urged defeat of this motion. 8:52 P.M. Arthur C. Smith asked Mr. Eddison if he would withdraw his motion to reconsider Article 8 and to wait for thirty minutes - possibly there will not be a motion to reconsider. 8 :53 P.M. Gerald L. Abegg and Julian J. Bussgang spoke in opposition and Mr. Bussgang moved to table the motion. After debating, he couldn't make the motion. Therefore, Robert I. Rotberg moved to table the motion, which was declared adopted by voice vote. 8 :56 P.M. (See Page 11) �1 - �Adjourno_d g es8ion of the 1986 Annual Town Meeting - April 2, 1986) Article 9. RESERVE FUND Presented by William J. Dailey, Jr. MOTION: That the sum of $150,000 be appropriated for the Reserve Fund and to raise such amount, $150,000 be transferred from the Reserve Fund - Overlay Surplus. Adopted unanimously. 9:02 P.M. Article 10. TAX ANTICIPATION BORROWING Presented by William J. Dailey, Jr. MOTION: That the Town Treasurer, with the approval of the Select- men, be authorized to borrow money from time to time in anticipation of the revenue for the fiscal year beginning July 1, 1986 and to issue a note or notes therefor, payable within one year, under G.L. c. 44, sec. 4 as amended, and to renew any note or notes as may be given for a period of less than one year, under G.L. c. 44, sec. 17. Adopted unanimously. 9:02 P.M. Article 11. CONSERVATION FUND Presented by William J. Dailey, Jr. MOTION: That the sum of $15 be appropriated for the Conserva- tion Fund; that to raise such amount $15,000 be transferred from the Reserve Fund - Overlay Surplus; and that the Town acknowledge with gratitude the bequest of $10,000 from the Estate of Robert C. Merriam, such amount to be placed in the Conservation Fund to be used for the acquisition of public lands. 9 :03 P.M. .1 Michael J. O'Sullivan said that the Appropriation ro riation Committee recommended favorable action. 9:05 P.M. -- Daniel L. McCabe,' Chairman of the Capital Expenditures Committee, said that the committee also recommended favorable action. 9 :05 P.M. Adopted unanimously. 9:05 P.M. Article 12. UNEMPLOYMENT COMPENSATION FUND Presented by William J. Dailey, Jr. MOTION: That the sum of $15,000 be appropriated for the unemploy- ment compensation fund to be used in conjunction with money previously appropriated for this purpose, and to raise such amount $15 be transferred from the Reserve Fund - Overlay Surplus. 9 :05 P.M. Michael J. O'Sullivan said that the Appropriation Committee recommended favorable action. 9:06 P.M. Adopted unanimously. 9 :06 P.M. i Article 13. WATER 'MAINS Presented by John C. Eddison. (As MOTION: That the Selectmen be and they hereby are authorized to adopted) install new or replacement water mains in such accepted or un- accepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; to appropriate the sum of $200,000 for such installation and land acquisition; and that such amount be raised in the tax levy. Adopted unanimously. 9:12 P.M. (Adjourned Session of the 1986 Annual Town Mee - Meeting April 2, 1986) Article 14. INSTALL DRAINS /WIDENING, DEEPENING OR ALTERING BROOKS Presented by John C. Eddison. MOTION: That this article be indefinitely postponed. Adopted unanimously. 9:12 P.M. Article 15. CONSTRUCT SIDEWALKS i Presented by John C. Eddison. (See MOTION: That the Selectmen be and they hereby are authorized to Page 6 construct or reconstruct concrete, bituminous concrete or other for sidewalks, and to take by eminent domain, purchase or otherwise motion acquire any fee, easement or other interest in land necessary as therefor; to appropriate the sum of $110,000 for such construction adopted) or reconstruction and land acquisition, and that to .raise such amount $110,000 be transferred from the Unreserved Fund - Special Assessments. 9:13 P.M. Mr. Eddison listed the following locations: Massachusetts Avenue - Waltham Street to Lexington Square 380 Worthen Road at Medi -Mart S.W. side 400' East Street - Lowell Street to town line 750' Pleasant Street -- Concord Avenue to Lawrence Lane 900 9:15 P.M. Richard A. Michelson moved that: Sidewalk construction be authorized (Amend. for 1. 380 foot section on the southerly side of Mass. Ave. Lost) (between Waltham St. and Lexington Square $60,000 2. 750 feet of East St. from Lowell St. to the Woburn Line $15,000 3. The east side of Pleasant St. from Concord Ave. to beyond 1 Lawrence Lane. $ -,_ 9:17 P.M. 35 000 Mr. Eddison voiced the opposition of the Selectmen to this amendment. He said that the estimate submitted is an overall estimate and the town does not want to be locked in to the exact amounts for each street as stated in the amendment. 9 :20 P.M. Mr. Michelson, deleting the dollar amounts, read his re-- worded motion to amend as follows: (Amend. MOTION: That the following words be added after the word "sidewalks" Lost) as follows: 1. 380 foot section on the southerly side of Mass. Ave. (between Waltham St. and Lexington Square 2. 750 feet of East St. from Lowell St. to the Woburn Line. 3. The east side of Pleasant St. from Concord Ave. to beyond Lawrence Lane 9:23 P.M. There was much concern in the use of bricks rather than concrete in the center of town. The aesthetic reasons were understood, but the durability and safety for walking were questioned. j Mr. Michelson's motion to amend Article 15 was declared lost by voice vote. 9:29 P.M. (Amend. Frank Sandy moved that: add at end of motion: "none of such funds adopted) shall be used for sidewalks on Mass. Ave. ". 9:30 P.M. James M. McLaughlin suggested voting on each street separately. 9 :38 P.M. Arthur C. Smith asked if the Mass. Avenue sidewalk was servicable at the present time and Mr. Eddison said there was a difference of opinion. D.P.W. and the Engineering Department see the beginning of deterioration. Mr. Sandy's motion to amend declared adopted by voice vote. 9:40 P.M. (Adjourned Session of the 1986 Annual Town Meetin --April 2, 1986) Article 15. Robert I. Rotber moved to amend b strikin $110,000 and sub- (Cont.) stitutin $50,000 in its place. 9:43 P.M. (Amend. Lost) Frank Sand spoke in opposition to Mr. Rotber motion. He said that he purposel did not put the deletion of the appropriation in his amendment so that the amount that would have been used for the Mass. Avenue sidewalk could be used for another hi priorit sidewalk. 9:44 P.M. Mr. Rotber motion to amend was declared lost b voice vote. 9:44 P.M. Paul E. Hambur read and filed the followin petition that was si b seventeen residents in the East Street area: "We, the undersi concerned for the safet of all our residents and especiall for our childr and particularl in li of the extremel heav volume of traffic utilizin Russell St./East St., petition the To of Lexin to install sidewalks from the corner of Lowell St. and East St. to the be of the Woburn cit line" 9:45 P.M. Main motion, as offered b Mr. Eddison and amended b Mr. Sand now reads: (As MOTION: That the Selectmen be and the hereb are authorized to adopted) construct or reconstruct concrete, bituminous concrete or other sidewalks, and to take b eminent domain, purchase or otherwise ac an fee, easement or other interest in land necessar therefor to appropriate the sum of $110,000 for such construction or reconstruction and land ac and that to raise such amount $110,000 be transferred from the Unreserved Fund - Special Assessments none of such funds shall be used for sidewalks on Mass. Ave. Main motion, as amended, adopted unanimousl 9:47 P.M. Elaine Dratch served notice of reconsideration of Article 15. 9:47 P.M. Article 16. SANITARY SEWERS Presented b John C. Eddison. MOTION: That this article be indefinitel postponed. Adopted unanimousl 9:47 P.M. Article 17. INFILTRATION/ INFLOW Presented b William J. Daile Jr. (See Pa 23 MOTION: That the sum of $100,000 be appropriated to remove in- for filtration and inflow of storm water from the sewer s and adopted that such amount be raised in the tax lev substitute 9:48 P.m. motion) Mr. Daile said that there would be a reimbursement of $60,000 from the state. 9:50 P.M. Adopted unanimousl 9:51 P.M. (Adjourned Session of the 1986 Annual Town. Meeting - 2, 1986) Article 18. SEWER PUMP STATION ENERGY IMPROVEMENTS Presented by William J. Dailey, Jr. MOTION: That the sum of $125,000 be appropriated for energy improve- ments to the North Lexington Sewage Pumping Station, and that such amount be raised in the tax levy. Adopted unanimously. 9 :53 P.M. _ E' d. 4 1 " Michael J. Sullivan served notice of reconsideration of Article 17. 9:53 P.M. (See Pages 6 and 23) Article 19. PUBLIC WORKS EQUIPMENT Presented by William J. Dailey, Jr. MOTION: That the sum of $200,000 be appropriated for the purchase by or with the approval of the Selectmen of equipment for the Depart- ment of Public Works, and that such amount be raised in the tax levy. 9:53 P.M. Mr. Dailey listed the following pieces of equipment to be purchased: 3 sedans; 1 pickup truck; 1 rubber -tired sidewalk tractor; 1 street sweeper; 2 mowers; 2 sander bodies; 1 stump cutter; 1 brush chipper. 9 :55 P.M. Michael J. O'Sullivan said that the Appropriation Committee recommended favorable action. 9 :56 P.M. Adopted unanimously. 9:56 P.M. Article 20. AUTHORIZATION TO USE CHAPTER 90 FUNDS FOR STREET IMPROVEMENTS Presented by John C. Eddison. MOTION: That the Treasurer with the approval of the Selectmen be authorized to issue Highway Reimbursement Notes of the Town under G.L. c. 44, sec. 6, as amended, in anticipation of reimbursement by the Commonwealth for highway reconstruction and improvements under the authority of Chapter 90 of the General Laws as .funded by Chapter 140 of the Acts of 1985, and that notes issued for a shorter period than two years may be refunded by the issue of new notes maturing within two years from the date of the original obligation; that the Selectmen are authorized to accept highway funds from all sources; that, in addition, the sum of $700,000 be appropriated for highway improvements, and that such amount be raised in the tax levy. 9:57 P.M. Mr. Eddison explained that the town is behind on the street re- surfacing program. They should be doing six miles of road each year but they have only been doing about three miles per year. 9:58 P.M. Many questions were answered by Director of Public Works, Walter J. Tonaszuck. Adopted by voice vote. 10:06 P.M. (Adjouri O ` Se 'qsion - of the 1986 Annual Torn Meeting -- April 2, 1986) Article 21. STREET CONSTRUCTION AND LANDTAKING Presented by John C. Eddison. MOTION: That this article be indefinitely postponed. Adopted by voice vote. 10:06 P.M. Article 22. STREET ACCEPTANCE AND CONSTRUCTION Presented by John C. Eddison. ,. j MOTION: To establish as town ways and accept the layout of the following town ways: (I.P.P. (a) Maple Tree Lane from Maple Street a distance of 325 feet, more See - - -- or less, to end; below) (As --- - -- (b) Pearl Street from Bartlett Avenue a distance of 370 feet, more adopted. or less, to end; See below) all as laid out by the Selectmen and shown upon plans on file in the office of the Town Clerk, dated February 20, 1986, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. 10 :07 P.M. Mr. Eddison said that there would not be any unaccepted streets to be accepted due to fiscal restraints. 10:08 P.M. David G. Williams wondered if we should wait until after a sub- division is completed before accepting a street. 10 :10 P.M. Frank Sandy asked if Maple Tree Lane was built to town standards. 10:11 P.M. Judith J. Uhrig said that the, sidewalk was waived and added that it might be a good idea to delete Maple Tree Lane. 10:12 P.M. William W. Welch, Jr. asked that the streets be divided for voting purposes and the Moderator said that they would be voted on separately. 10:13 P.M. Judith J. Uhrig moved that section (a) Maple Tree Lane be indefinitely postponed. 10:13 P.M. Angela E. Frick, a Town Meeting Member and resident of Tavern Lane, asked why Tavern Lane was not in the motion, although it was in the warrant. 10:13 P.M. Mr. Eddison said that it was deleted for cost purposes. 10 :14 P.M. Mrs. Frick said that the neighbors had been negotiating with the Selectmen for twelve years and asked when the drainage from Eliot Road would be corrected. Mr. Eddison answered that the D.P.W. was working on it. He also said that the neighbors would be notified. 10:17 P.M. Mr. Eddison said that the Selectmen did not have any objections to postponing Maple Tree Lane. 10:19 P.M. Sec. (a). Motion to indefinitely postpone section (a) Maple Tree t Lane was adopted unanimously. 10 :19 P.M. General discussion followed regarding Tavern Lane and the width of the street and the difference between Maple Tree Lane and Pearl Street. Sec. (b). Motion under section (b) Pearl Street was declared adopted unanimously. 10:27 P.M. ,(Adjoura.ed Session of the 1986 Annual Town Meetin April 2, 1986) Article 23. TRAFFIC SIGNAL, BEDFORD STREET, REVERE STREET AND HILL STREET Presented b John C. Eddison. (As MOTION: That the sum of $60,000 be appropriated for improvin and adopted) up traffic control si at the intersection of Bedford Street, Revere Street and Hill Street, and that such amount be raised in the tax lev 10:28 P.M. Mr. Eddison said that the elderl and the school children g oin g to Diamond Junior Hi School need the traffic li at this dan intersection. 10:31 P.M. Sharon MacDonald moved to table Article 23 until next Monda but this motion was lost b voice vote. 10:31 P.M. Vick L. Schwartz said that the surve made b the Lea of Women Voters showed the conc of the residents about the traffic. She added that the Lea stron supported this article. 10:32 P.M. Michael J. O'Sullivan said that a ma of the members of the Appropriation Committee supported this article. 10:33 P.M. Norman P. Cohen, Town Counsel, was Actin Moderator throu the final vote on this article, as Moderator, Lincoln P. Cole, Jr. spoke in favor of dela the article until residents and man of the elderl that wished to speak could be present. 10:34 P.M. Iris G. Wheaton moved to table Article 23. This motion was declared lost b voice vote. 10:34 P.M. Sheldon A. Spector voiced the support of the Capital Expenditures Committee of this article. 10:37 P.M. Ursula C. Bellini of 18C William Ro Greele Villa was reco and she ur support of the article, not j ust for the elderl but also for the children crossin this street, man on bic 10:38 P.M. John W. Malone moved the previous q uestion which was adopted b voice vote. 10:38 P.M. Adopted unanimousl 10:38 P.M. Article 24. PARKING LOT OPERATION AND MAINTENANCE Presented b Jac R. Smith. (As MOTION: That the sum of $112,000 be appropriated for parkin lot adopted) operation and maintenance in the Town, and that such amount be transferred from Parkin Funds. 10:39 P.M. Mrs. Smith g ave the followin breakdown of fi Attendant Parkin Pro - Meriam. Street lot $ 57,000' Permit Parkin lot leases 20,000 Parkin lot resurfacin (School administration) 35.9000 $ 112,000 10:40 P.M. In answer to a q uestion raised b Frank Sand Mrs. Smith said that the appropriation for plowin was included in the snow and ice bud 10:42 P.M. Sam Silverman moved that the followin be added to the motion: (Amend. From Monda throu Frida for cars parkin at the attended Meriam lost) St. lot between the hours of 11 AM and 2 PM, either ( 1 ) parkin fees shall be substantiall hi than at other hours, or (2) a surchar shall be imposed on the parkin fee. 10-.45 P.M. 0 (AdJ6uk O-d Scssion of the x.986 Annum. � � Town Meeting - A ril 2, .1986) Article 24. Mrs. Smith said that the Selectmen urge defeat of this amendment, (Cont.) 10:48 P.M. Frank Sandy was concerned that the snowplowing of the parking lots was not coming out of the parking meter funds. 10:50 P.M. Motion to amend, as offered by Mr. Silverman, declared lost by voice vote. 10:50 P.M. Main motion, as offered by Mrs. Smith, declared adopted unanimously. 10:53 P.M. I John C. Eddison moved to adjourn this meeting to Monday, April 7, 1986 at % 8 P.M. in Cary Memorial Hall. 10:54 P.M. Arthur C. Smith said that if the motion to adjourn was withdrawn, the motion to reconsider Article 8 could be taken off the table and that item could be settled tonight in order not to lose out on the April 15th deadline for the bid acceptance. 10:55 P.M. As there were no objections from the meeting, John C. Eddison withdrew his motion to adjourn this meeting. 10:56 P.M. Marian C. Reilly served notice of reconsideration of Article 24. 10:57 P.M. Sharon MacDonald asked what type of traffic light would be installed at Bedford Street. D.P.W. Director, Walter J. Tonaszuck said that the traffic signal for vehicles will have detectors on the side streets. The pedestrian signal will be push button. 10:58 P.M. E t f Marshall J. Derby moved that this meeting be adjourned to Monday, April 7, 1986 at 8 P.M. in Cary Memorial Hall. This motion was declared adopted by voice vote at 10:59 P.M. A true copy, Attest: Mary R. McDonough, Town Clerk i Suzanne S. Frank, 187 Cedar Street, resigned as a Town Meeting Member from Precinct Eight as of April 7, 1986. (See Page 24) ADJ SESSION OF THE 19$6 ANNUAL TOWN MEETING APRIL 7 1986 The meeting was called to order in Cary Memorial Hall by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. and immediately recessed, subject to the call of the Chair. The meeting was again called to order at 8:05 P.M. There 180 Town Meeting Members present.. Invocation was offered by Rev. Martin U. McCabe, Pastor of the Sacred Heart Church. Before he offered the prayer, he asked permission to speak to the meeting. He said that he is retiring in June, 1986 and spoke of his love of the town and thanked the Town Meeting Members for their part in keeping the town as it is. He was given a standing ovation by the meeting for his contributions to the town. 8:08 P.M. The Moderator introduced a group of Nieman Fellows from all over the world who are presently at Harvard and were accompanied by Howard Simonds, Harvard Curator. 8 :08 P.M. Article 2. REPORTS OF TOWN OFFICERS, BOARDS, COMMITTEES Paul W. Marshall, Chairman of the Board of Selectmen, gave a brief outline of the upcoming schedule of articles. The first item would be to immediately remove the motion to reconsider Article 8 from the table and theni to, hopefully, defeat the motion to reconsider Article 8. Article 25 would be next and then down through the major financial articles - Articles 26, 27 & 28. As each of these articles is adopted, if adopted, a notice of reconsideration will be served in order that the articles will be available for change, if necessary, through the end of the meeting. Article 29, Pine Meadows, will be tabled to keep the town's options open throughout the meeting. 8:10 P.M. i Paul W. Marshall moved to remove the motion to reconsider Article 8 from the table. This motion was adopted by voice vote. 8:12 P.M. (See Page 3) Paul W. Marshall speaks on the motion to reconsider Article 8. He asks for defeat of this motion and the motion to reconsider Article 8 was declared lost by voice vote. 8:13 P.M. Article 25. REPLACE OIL TANKS Presented by Jacquelyn R. Smith. MOTION: That the sum of $15,000 be appropriated to replace town owned oil storage tanks, and that such amount be raised in the tax levy. 8:13 P.M. In response to questions raised by Stephen W. Miller, Walter Tonaszuck, Director of Public Works, said that air is pumped into the tank and, if there is leakage, the air will escape. He added that there aren't any regulations relative to inspection of private tanks. 8:18 P.M. i - Adopted unanimously. 8:18 P.M. Article 2. REPORTS OF TOWN OFFICERS, BOARDS, COMMITTEES Michael J. O'Sullivan moved that the Supplemental Report of the Appropriation Committee be accepted and placed on file. Adopted unanimously. 8:22 P.M. W ° t'urn6d Session of the 1986 Annual Town Meeting I A x`l 7, 198 6) ..ro Michael J. O'Sullivan moved that Article 26 be postponed and taken up after Article 32. 8:23 P.M. Paul W. Marshall spoke for the Board of Selectmen and urged defeat of this motion. 8:24 P.M. After general discussion, Mr. O'Sullivan's motion to postpone Article 26 until after Article 32 has been taken up was declared lost by voice vote. 8:28 P.M. Article 26. TOWNWIDE TOPOGRAPHY f Presented by Judith J. Uhrig. (As MOTION: That the sum of $130,000 be appropriated for aerial photo - adopted) grammetric services to 'update the townwide topography maps, and that such amount be raised in the tax levy. 8:28 P.M. Mrs. Uhrig explained that this article was inserted in the warrant at the request of both the Planning Board and the Conservation Commission, 8:30 P.M. Charles Wyman, Conservation Administrator, Jennie Rawski, Assistant Planner, and Robert A. Bowyer, Planning Director all spoke of the needs of these maps for their and other departments of the town. Changes since 1971 are not on the current maps. 8:47 P.M. Joyce A. Miller, Chairman of the Conservation Commission, said that the Commission strongly supports this article. 8:48 P.M. Eric T. Clarke, as a past Chairman of the Planning Board, urged support but asked if the new maps. would contain property lines. 8:50 P.M. Mr. Bowyer answered that the camera cannot pick up property lines ! { but that the maps may be super - imposed but this is not included in the $130,000. Mr. Clarke added that the maps were most valuable. 8:52 P.M. William J. Dailey, Jr. voiced opposition for the majority of the Board of Selectmen. Mr. Dailey said that the towns of Wellesley, Belmont and Lincoln have not spent money on topography maps and the Selectmen feel that this article could be deferred for a year or more. 8:55 P.M. Robert A. Bowyer said that Waltham and Burlington do have these maps. 8:57 P.M. Jacquelyn. R. Smith, spoke for John C. Eddison, the minority members of the Board of Selectmen, supporting this article. As a past Chairman of the Planning Board, Mrs. Smith said that the town needs updated equipment in order to operate and these maps are the equip - ment used by many departments. 8:59 P.M. Sheldon A. Spector voiced the support of a majority of the members of the Capital Expenditures Committee. Iris G. Wheaton, past Chairman of the Planning Board, said that the maps were invaluable and urged support. 9:03 P.M. Michael J.'O'Sullivan said that the Appropriation Committee recommended favorable action and did so because of the cost effectiveness. 9 :05 P.M. After general discussion, Brian Michael Adley moved the previous question, which was declared adopted by voice vote. 9:12 P.M. Main motion, as presented by Judith J. Uhrig, adopted by voice vote. 9:12 P.M. Paul W. Marshall served notice of reconsideration of Article 26. 9:13 P.M. (Adj6urned Session of the 1986 Annual Town Meetin April 7, 1986) 13 Article 2. REPORTS OF TOWN OFFICERS,, BOARDS,, COMMITTEES Judith J. Uhri Chairman of the Plannin Board, said that the Board is. hopeful of certain dates for action on certain articles but there were problems with her motions. Therefore, Paul W. Marshall asked for a five minute recess at 9:19 P.M. The meetin reconvened at 9:25 P.M. Mrs. Uhri said that she intends to leave Article 47 on the table until April 28. She is hopeful of brin Article 48 to the April 14th session of this meetin 9:25 P.M. Article 27. WESTVIEW CEMETERY DEVELOPMENT Presented b Jac R. Smith. MOTION: That this article be indefinitel postponed. Adopted b voice vote. 9:27 P.M. Michael J. O'Sullivan q uestions the presence of a q uorum and the Moderator declared that a q uorum was present. 9:27 P.M. Article 28. SCHOOL DEPARTMENT COMPUTER (William W. Welch, Jr. g ave written notice that he would abstain from votin on this article.) Presented b Shepard Anthon Clou (As MOTION: That the sum of $135,000. be appropriated for the school adopted) department to purchase a mini-computer and related software for student use, and that such amount be raised in the tax lev 9:27 P.M. Julian J. Buss explained the need and current problems, one of which is that the response time is slow. Purchase replacement is for a CPU VAX-11/785 from the Di E Corporation. List price: $361,000 approx. Bid price: $333,048. DEC's contribution: $200,000. To be�paid b the Town of Lexin $133,000. Frei wirin and insurance: $2,000. Appropriation re $135,000. 9:47 P.M. C. Edward Good, Co-ordinator of Information Science for the Schools, explained the computer s in the school department. Mr. Clou ur support and added that the School Committee unanimousl supported this article. 9:58 P.M. Paul W. Marshall said that the Board of Selectmen unanimousl opposed this article. The feel that it is a poorl conceived pro and the proponents have not looked at alternatives. 10:03 P.M. Michael J. O'Sullivan said that the Appropriation Committee recommend favorable action on this article. The believe that it is a cost effective purchase. 10:10 P.M. Daniel L. McCabe said that, althou not a clear ma the Capital Expenditures Committee supports this article. 10:12 P.M. William T. Spencer, Town Meetin Member and Computer S Mana at the Lexin Hi School, g ives a short explanation. 10:24 P.M. After further discussion, James M. McLau moved the previous q uestion which was declared adopted b voice vote. 10:30 P.M. Main motion, as offered b Mr. Clou declared adopted b voice vote. 10:30 P.M. Paul W. Marshall served notice of reconsideration of Article 28. 10:30 P.M. 6, 1 1, 11 ., ax �..�r . a i .,i 11 .. ... J-4 (Adjourned Session of the 1986 Annual Town Meeting Ap ril 7, 1986) Article 29. PINE MEADOWS GOLF COURSE Paul W. Marshall moved that Article 29 be placed on the table. Adopted by voice vote. 10 :30 P.M. (See Page 72) Article 30. UPGRADE TENNIS COURT LIGHTING AT CENTER PLAYGROUND Presented by Leo P. McSweeney. MOTION: That the sum of $15,000 be appropriated to improve the lighting on tennis courts #1 through 4 at the Center Playground as determined by the Recreation Committee with the approval of the Board of Selectmen, and that such amount be raised in the tax levy. 10:31 P.M. Mr. McSweeney voiced the unanimous support of the Board of Selectmen. 10 :33 P.M. Robert Eby, a member of the Recreation Committee, gives a short explanation of the article. 10:36 P.M. Adopted by voice vote. 10:36 P.M. Gerald L. Abegg served notice of reconsideration of Article 30. 10 :36 P.M. Article 31. RECONSTRUCTION OF BOWMAN SCHOOL BALLFIELD Presented by Leo P. McSweeney. (As MOTION: That the sum of $10,000 be appropriated to reconstruct adopted) the ballfield at Bowman School Playground as determined by the Recreation Committee with the approval of the Board of Selectmen, and that such amount be raised in the tax levy. 10:36 P.M. Mr. McSweeney explained that there would be minor seeding and filling in of holes. He added that the Board of Selectmen unanimously supported this article. 10:38 P.M. Judith B. Marshall, a member of the Recreation Committee, with the aid of slides showing the condition of the field, urged support of the article. 10 :42 P.M. Sheldon A. Spector said that the Capital Expenditures Committee unanimously supported this article. 10 :43 P.M. In answer to a question raised by Stephen W. Miller, Joyce A. Miller said that the Conservation Commission would be meeting with the Recreation Committee relative to filling in wetlands. 10.44 P.M. Adopted by voice vote. 10:44 P.M. Paul W. Marshall moved that this meeting be adjourned to Wednesday, April 9, 1986 at 8 P.M. in Cary Memorial Hall. 10 :45 P.M. Article 2. Judith J. Uhrig reminded the meeting that the Planning Board would be in Estabrook Hall on Wednesday, April 9 at 7:30 P.M. in case anyone has questions on Article 46, 47 and 48. 10:45 P.M. Mr. Marshall's motion to adjourn to Wednesday, April 9, 1986 at 8 P.M. in Cary Memorial Hall was adopted by voice vote. 10 :45 P.M. A true copy. Attest: " Mary R. McDonough, Town Clerk 1.5 ADJOURNED SESSION OF THE 1986 ANNUAL TOWN MEETING APRIL 9., 1986 The meetin was called to order b the Moderator, Lincoln P. Cole, Jr. at 8:01 P.M. in Car Memorial Hall. , There were 182 Town Meetin Members present. The invocation was offered b Rev. Peter H. Meek of the Hancock United Church of Christ. 8:04 P.M. The Moderator said that as this is Lexin Student Government Da he had the honor of turnin the meetin over to the student Moderator for toda Sarah Lev dau of Town Meetin Member, Ronald Lev Miss Lev read the followin Proclamation: PROCLAMATION WHEREAS: the future g overnment of our Town, State and Countr will be in the hands of those who are now our students and WHEREAS: it is most important that those students are encoura to become aware of democratic processes and interested in participation in those processes and WHEREAS: we have the opportunit to make them aware that the future of our democratic societ rests with the understandin and involve- ment of y oun g people, NOW, THEREFORE., the Lexin Board of Selectmen hereb proclaims April 9, 1986 as STUDENT GOVERNMENT DAY Student Moderator, Sarah Lev asked the students that had participated in Student Government Da to step forward to accept certificates in their name. The student officials represented the Board of Selectmen, Town Mana Police Chief, Fire Chief, Assistant Fire Chief, DPW Director, Town Clerk, Fire Dispatcher, School Superintendent, School Committee, Plannin Board and Recreation Director. The students were g iven a standin ovation b the meetin 8:09 P.M. Nanc Barter, Chairman of the Youth Commission, g ave additional awards to others who had contributed in other wa 8:10 P.M. Student Moderator, Sarah Lev turned the meetin back to Town Moderator, Lincoln P. Cole, Jr. Mr. Cole praised Miss Lev and she was g iven a round of applause. 8:11 P.M. Article 2. REPORTS OF TOWN BOARDS., OFFICERS, COMMITTEES William P. Kenned Chairman of the Permanent Buildin Committee, explained that the committee had been meetin since Jul 1985 investi town buildin but concentratin on school buildin for needed repairs and reconstruction. The expect to finish the stud b the end of April and will have a bus tour for Town Meetin Members (Hi School, Clarke, Diamond, Estabrook and perhaps a second elementar school) on Ma 4th. The Town Meetin will consider the buildin recommendations (Article 35) on Ma 7th. Paul Newman, a member of the School Committee, said that Article 35 is a model of collaboration of the town's boards and committees. There is a draft report b y the architect and the final report will be done and made available at schools, Car Librar Town Hall and precinct captains on April 28. 8:21 P.M. (Adjourf.(!-sd Session of the 1986 Annual Town Meetin - April 9, 1986) Article 2. Paul W. Marshall, Chairman of the Board of Selectmen, said that the (Cont.) plan is to seek a referendum under Proposition 21 that would exempt certain debt from the restraints of 2 but four Selectmen must agree and sign to have a referendum. Mr. Marshall said that he would now give a road map plan for the evening: the first article will be Article 32 and then #33 and 34; Article 35 will be tabled; Articles 36 and 37 - at that point we will have gone through the financial articles; seek to take Article 6 off the table; reconsideration of Article 17; then will move into the Planning Board articles. If the meeting moves well, next week the plan is to ask for adjournment for two weeks rather than one. 8:26 P.M. James E. Barry asked if the meeting would be dissolved or adjourned until after the referendum and Mr. Marshall answered that it would be dissolved. 8 :27 P.M. Article 32. LEXPRESS MINI -BUS TRANSPORTATION SYSTEM Presented by John C. Eddison. (As MOTION: That the sum of $246,500 be appropriated for a local trans - adopted) portation system, that such amount be raised in the tax levy, and that the Selectmen be authorized to apply for, accept and expend funds from the M.B.T.A. or any other governmental agency in connection with such local transportation system, and to contract with a private transit company to provide transportation services. 8:30 P.M. Mr. Eddison explained that the Town Manager, Robert M. Hutchinson, Jr. had recommended level funding for this year and the Transportation Advisory Committee had come up with three options to reduce costs. He added that a majority of the Board of Selectmen felt that the town meeting should have the option to recommend full funding. This could be reconsidered later on in the meeting if needed, due to the school article ( #35). 8:35 P.M. Sally T. Castleman, Chairman of the Transportation System, gave a quick over -view of ridership and the budget. CURRENT LEXPRESS RIDERSHIP 13+ Riders per Vehicle Hour 175,000 Rides taken per year 15% Age 65 or over Costs: Cost of buses $353,500 Administration 22,000 Chair Car 11,000 $386,500 Revenue: Fares /Mist. $ 60,000 MBTA 80,000 Town of Lexington 246 $386 8:43 P.M. Joy C. Buchfirer, Carol J. Grodzins for the League of Women Voters, Dorothy Boggia, Chairman of the Council on Aging, James E. Barry, Rebecca Haskell, President of the Junior Class, Stan N. Finkelstein, Co- Chairman of the Human Services Committee all strongly urged i support. Also urging support was Mrs. Megan O'Neill and Mrs. Marian Shepp, representing the physically and mentally disabled. Both ladies spoke from the balcony. 9:02 P.M. Karsten Sorensen said that he had supported Lexpress in the past, but, due to financial restraints, he could not support it this year. He added that the money crunch is coming. 9:07 P.M. Selectman, William J. Dailley, Jr. voiced his concerns and said that he would like to put together a system that would integrate with the MBTA. 9:15 P.M. (Ad Session of the 1986 Annual Town Meetin April 9., 1986) .. J - 17 Article 32. (Cont.) (Amend. William S. Widnall moved that Article 32 be amended as follows: Lost) The amount of $246,500 be deleted and be replaced b the amount $193,250. 9:16 P.M. Mr. Widnall explained that he wished to reduce the town's subsid b 50%. He said that he supported Lexpress but felt that the riders should pa 29% of the cost rather than 16%. This, of course, would mean there would probabl be fare increases. He su that possibl the Chamber of Commerce could help. 9:20 P.M. Fred D. Rosenber ur defeat of the amendment.and Daniel A. Lucas ur support. 9:23 P.M. James M. McLau said that cuttin services would be like a kiss of death. He said that there should be full service or do awa with it alto 9:25 P.M. Mr. Widnall's motion to amen was declared lost b voice vote. 9:25 P.M. Selectman Leo.P. McSweene spoke in opposition to the main motion. He said that he has seen Lexpress g o b his house on Shade Street man times with no more than two riders. He said that he wants to amend the motion to $81,000 to be spent for the elderl 9:30 P.M. Ephraim Weiss had a point of order. He said that the amendment should be made before the maker spoke but the Moderator said that it was perfectl le to speak on a complicated amendment before it was presented. 9:30 P.M. Mr. McSweene went on to sa that there had not been an MBTA subsid in 1982 or 1983 and that this could happen a He did sa that the MBTA did a g ood j ob cover the town with bus routes. His su for service is a Dial-A-Ride Cab Service for the senior citizens and the mentall and/or ph handicapped. The could call for an appointment and this would onl cost the town $81,000. 9:37 P.M. (Amend. Mr. McSweene (Leo P.) moved that the sum of $246,500 be deleted, Lost) and substitute therefor the sum of $81,,000. 9:38 P.M. Albert P. Zabin brou up a point of order, as had Mr. Weiss, re the maker of an amendment speakin before makin his motion. The Moderator a ruled that it was in order. 9:38 P.M. Albert P. Zabin contradicted the statements made b Mr. Sorensen, Mr. Daile and Mr. McSweene 9:43 P.M. Gerald L. Abe William W. Welch, Jr., Lois J. Barr and Jack Sarmanian spoke in favor of the main motion and a the amendment as Ronald Lev who added that it is a g ood deal for the taxpa 9:50 P.M. Motion to amend, as presented b Mr. McSweene declared lost b voice vote. 9:50 P.M. Michael J. O'Sullivan said that the Appropriation Committee believes in a compromise and would support Option #3 of the Transportation Advisor Committee (reduce the ei routes to six). The feel that this would be cost effective. 9:54 P.M. (Amend. Mr. O'Sullivan (Michael J.) moved that the sum of 174,500 dollars Lost) be substituted for 246,500 to enable operation of Lexpress under option 3 of the Transportation Advisor Committee. 9:55 P.M. Robert H. Domnitz felt that this amendment would be a reasonable compromise but Brian Michael Adle recommended full fundin and opposed the amendment. 9:59 P.M. ..... ........... 6rc^ (Adjourn.ed Session of the 1986 Annual Town. Meeting -- April 9 1986) Article 32. Mrs. Castleman said that her committee were concerned about the (Cont.) population that would not be served under this option. 10 :01 P.M. Iris G. Wheaton urged support of the main motion and opposition to the amendment. 10:02 P.M. Susan Spagnioli, Jenney DeFelice and Alice Warner, residents, spoke in favor of the main motion. 10:05 P.M. Mr. O'Sullivan's motion to amend declared lost by voice vote. 10:05 P.M. i James E. Barry asked that the vote on the main motion be taken by a call of the roll and, as over fifty members stood in favor, the Moderator ruled that the vote would be taken by a call of the roll. 10 :07 P.M. Paul Riffin moved the previous question which was declared adopted by voice vote. 10 :10 P.M. The roll call vote on the main motion as presented by John C. Eddison was taken by the Town Clerk, Mary R. McDonough, starting at 10:12 P.M. and completed at at 10:24 P.M. The final tally was completed at 10 :27 P.M. with the following results: (Final result announced by the Moderator at 10:28 P.M.) ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 32 PRECINCT ONE YES NO ABSTAINED ABSENT Joel A. Adler x Nancy M. Adler x i James E. Barry x Lois J. Barry x David A. Bell x Francis V. Busa x James Cataldo x James A. Cataldo x Chang Chih Chao x Nancy C. Gordon x Frederick H. Hagedorn x Patricia K. Hagedorn x Ronald Levy x John W. Maloney x William H. McAlduff, Jr. x Barry E. Sampson x Edward P. Shannon x James M. Shaw x James S. Wilson x Albert P. Zabin x Judith L. Zabin x TOTALS 16 3 0 2 PRECINCT TWO YES NO ABSTAINED ABSENT Elizabeth H. Clarke x Eric T. Clarke x Karen A. Dooks x Leonora K. Feeney x Casimir R. Groblewski x Marita B. Hartshorn x Jeff Licht x Daniel A. Lucas x Lillian T. MacArthur x Barry H. Marshall x Michael J. O'Sullivan x Vicky L. Schwartz x Arthur C. Smith x (Adjourned Session of the 1986 Annual Town Meeting - A pril 9, 1986) 19. Article 32. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 32 (Cont.) (Cont.) PRECINCT TWO (Cont.) YES NO ABSTAINED ABSENT John J. Walsh x Christina J. Welch x William W. Welch, Jr. x William S. Widnall x Lynda A. Wik x Alan B. Wilson x Carolyn C. Wilson x Donald D. Wilson x TOTALS 15 4 0 2 PRECINCT THREE YES NO ABSTAINED ABSENT Joy C. Buchf irer x John P. Carroll x Jacqueline B. Davison x Suanne C. Dillman x Jean Gaudet x Erna S. Greene x Carol J. Grodzins x Gloria V. Holland x Donna M. Hooper x Marjorie K. Madof f x Marilyn K. Mairson x John J. McWeeney x Mary Edna Neumeier x James P. Reilly x Marian C. Reilly x Paul V. Rif f in x Robert I. Rotberg x f 4 Francis W. K. Smith x 1 Richard W. Souza x Katherine M. Whyte x Robert C. Whyte x TOTALS 16 5 0 0 PRECINCT FOUR YES NO ABSTAINED ABSENT Gerald L. Abegg x Nyles Nathan Barnert x Julian J. Bussgang x Stephen B. Cripps x Dan H. Fenn, Jr. x Angela E. Frick x Frederick C. Frick x Katherine G. Fricker x Donald R. Giller x Martin A. Gilman x Georgia S. Glick x Peter C. J. Kelley x Patricia W. McLaughlin x Gale H. Nill x Richard F. Perry x Margaret F. Rawls x f Sandra J. Shaw x Karsten Sorensen x Ruth S. Thomas x Judith J. Uhrig x Martin K. White x TOTALS 17 3 0 1 (Adjourned Session of the 1986 Annual Town. Meeting 3 �_. - A ri1 9; 1986) Article 32. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 32 (Cont.) (Cont.) PRECINCT FIVE YES NO ABSTAINED ABSENT Florence A. Baturin x Cynthia L. Blumsack x Howard Cravis x Wallace Cupp x Marshall J. Derby x Guy W. Doran x Jonathan P. Doran x Elaine Dratch x William M. Fraser x Paul E. Hamburger x John Hayward x Leona W. Martin x Eric Jay Michelson x Stephen W. Miller x Paul Newman x Diran M. Semonian x Sam Silverman x Patricia A. Swanson x Julie F. Triessl x Ephraim Weiss x David G. Williams x TOTALS 14 4 O 3 PRECINCT SIX YES NO ABSTAINED ABSENT Margaret N. Brooke x Levi G. Burnell x Shepard Anthony Clough x Robert H. Domnitz x Thomas E. Fortmann x Michael W. Golay x Edmund C. Grant x Elizabeth C. Haines x Florence Koplow x Alan J. Lazarus x Judith B. Marshall x Joyce A. Miller x Ruth Joyce Nablo x Sam V. Nablo x Setha G. Olson x Edith. Sandy x Frank Sandy x Susan S. Solomon x William T. Spencer x Lisabeth M. White x John S. Willson x TOTALS 18 1 0 2 PRECINCT SEVEN YES NO ABSTAINED ABSENT Esther S. Arlan x Elizabeth M. Barabush x George A. Burnell x John R. Campbell x Sally T. Castleman x Renee T. Cochin x Stan N. Finkelstein x Winifred L. L. Friedman x Lloyd Gilson x Clarice B. Gordon x Marvin H. Greenberg x * * Marthur H. Kalil x Walter N. Leutz x William J. Scouler x John E. Taylor x Jacquelyn H. Ward x **(A vote was cast although the records show (and verified by phone with Mrs. Kalil) that Marthur H. Kalil was not in attendance at this meeting) (Adjourned Session of the 1986 Annual Town Meeting - April 9, 1986) Article 32. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 32 (Cont.) (Cont.) PRECINCT SEVEN (Cont.) YES NO ABSTAINED ABSENT John E. Ward x Iris G. Wheaton x Robert V. Whitman x Richard B. Wolk x Martha C. Wood x TOTALS 17 3 0 1 PRECINCT EIGHT YES NO ABSTAINED ABSENT Donald L. Bailey x Margery M. Battin x Richard H. Battin x Roger F. Borghesani x Florence E. Connor x William P. Fitzgerald x lone D. Garing x Benjamin H. Golini . x Sharon MacDonald x Anthony L. Mancini x A. Patricia McCabe x James M. McLaughlin x Richard A. Michelson x Gordon R. Osgood x Susan G. Plumb x Jack Sarmanian x Sheldon A. Spector x Carolyn H. Tiffany x Stanley E. Toye x Christopher B. Williams x TOTALS 17 2 0 1 (Precinct Eight is one member short due to a resignation and the replacement member has not accepted as of this date.) PRECINCT NINE YES NO ABSTAINED ABSENT Alice J. Adler x Brian Michael Adley x Kenneth 0. Alves x Diane C. Aronson x Gordon E. Barnes, Jr. x Jacqueline P. Bateson x Jane P. Buckley x L. Gail Colwell x Ronald W. Colwell x Margaret E. Coppe x Daniel Friedlander x Neil Gray x Deborah B. Green x Louise V. T. Kava x William P. Kennedy x Eleanor H. Klauminzer x Paul E. Mazerall x Janet Perry x Richard M. Perry x Fred D. Rosenberg x James J. Scanlon x TOTALS 15 2 0 4 22, (Adjourned Session of the 1986 Annual Town Meeting - April 9, 1986) Article 32. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 32 (Cont.) (Cont.) TOWN MEETING MEMBERS AT LARGE YES NO ABSTAINED ABSENT Norman P. Cohen x Lincoln P. Cole, Jr. x William J. Dailey, Jr. x Stephen W. Doran x John C. Eddison x Paul W. Marshall x Mary R. McDonough x Leo P. McSweeney x i Jacquelyn R. Smith x TOTALS 6 2 1 0 TOTAL TALLY OF ROLL CALL VOTE PRECINCT YES NO ABSTAINED ABSENT TOTAL 1 16 3 0 2 21 2 15 4 0 2 21 3 16 5 0 0 21 4 17 3 0 1 21 5 14 4 0 3 21 6 18 1 0 2 21 7 17 3 0 1 21 * *8 17 2 0 1 20 9 15 2 0 4 21 At Large 6 2 1 0 9 TOTALS 151 29 1 16 197 * *Precinct Eight is one member short due to a resignation and the replacement member has not accepted as of this date. Main motion as presented by John C. Eddison declared adopted at 10:28 P.M. (See adopted motion on Page 16 ) Article 33. HAZARDOUS WASTE COLLECTION Presented by Jacquelyn R. Smith. MOTION: That the sum of $15,000 be appropriated for a contract with a licensed hazardous wastes transport, storage and disposal company to collect and dispose of residential hazardous wastes; that such amount be raised in the tax levy; and that the Select- men be authorized to select the contractor and to set user fees and take all other steps necessary to carry out this project. Adopted unanimously. 10:32 P.M. Article 34. MASSACHUSETTS WATER RESOURCES AUTHORITY Presented by Paul W. Marshall. (As MOTION: That the sum of $1,537,016 be appropriated for the adopted) cost of the delivery of water and for sewage collection, disposal and treatment services provided by the Massachusetts Water Re- sources Authority, and that such amount be raised in the tax levy. 10:33 P.M. Paul W. Marshall said that there has been a 40% increase in the costs but the Town Manager, Robert M. Hutchinson, Jr. said that the level of increase for next year should not be as great. 10:40 P.M. Janet Perry served notice of reconsideration of Article 32. 10:41 P.M. Article 34. Main motion as presented by Mr. Marshall under Article 34 (Cont.) declared adopted by voice vote. 10:41 P.M. (Ad of the 1986 Annual Town Meetin April 9, 1986) 23 Jac H. Ward brou up the fact that the blackboard on the sta is not bein used an In the past the Appropriation Committee would have an updated tax rate on the board as the financial articles affectin such rate were acted upon. She stressed the importance of such information. 10:42 P.M. Paul W. Marshall advised the meetin that there would be a revised bud spread sheet available on Monda April 14, 1986. 10:43 P.M. Paul W. Marshall moved that Article 6 be taken off the table. This motion was adopted at 10:43 P.M. (See Pa 2) Article 6. SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR (FY86) Presented b John C. Eddison. (As MOTION: That the sum of $30,000 be appropriated to'line.i.tem adopted) 5250 of the Fiscal Year 1986 bud to replace g asoline tanks at the Town Barn and to raise such amount, $30,000 be transferred from the Reserve Fund-Overla Surplus. 10:44 P.M. Mr. Eddison explained that the leakin tank can be replaced at a cost of $20,000 and at the same time the other tank can be replaced for $10,000. 10:45 P.M. Michael J. O'Sullivan said that the Appropriation Committee recommended favorable action. 10:46 P.M. Jo A. Miller said that the Conservation Commission is stud under stora tanks and hope to come to town meetin next y ear with a new b g overnin g these tanks. 10:47 P.M. Discussion followed relative to the use of steel tanks versus fiber In response to a q uestion raised b Jo A. Miller, Town Mana Robert M. Hutchinson, Jr. said that the tanks are not encased in concrete and added that the town must compl with all state and federal re 10:52 P.M. Main motion adopted unanimousl 10:53 P.M. Michael J. O'Sullivan moved reconsideration of Article 17. 10:54 P.M. (See Pa 6 and 7) William J. Daile Jr. explained that if reconsidered, a substitute motion would be presented in order to add a sentence re federal and state aid. 10:55 P.M. Motion to reconsider Article 17 declared adopted b voice vote. 10:57 P.M. Article 17. INFILTRATION/INFLOW (See Substitute motion presented b William J. Daile Jr. Pa 6) MOTION: That the sum of $100,000 be appropriated to remove in- (As filtration and inflow of storm water from the sewer s and adopted) that such amount be raised in the tax lev and, in addition., that the Selectmen be authorized to appl for, accept, expend and borrow in anticipation of federal and state aid for the pro 10:58 P.M. Sam Silverman moved to table Article 17 but this motion was declared lost b voice vote. 11:01 P.M. ,A 94 Ad' ournod Session of the X986 Annual Town Meeting �- April 9, 1986) Article 17. Frederick H. Hagedorn moved the previous question which was declared (Cont.) adopted by voice vote. 11 :02 P.M. Motion to substitute was declared adopted by voice vote. 11 :02 P.M. Substitute motion, which is now the main motion, was declared adopted by voice vote. 11 :03 P.M. Paul W. Marshall moved that this meeting be adjourned to Monday, April 14, 1986 at 8 P.M. in Cary Memorial Hall. 11 :03 P.M. Article 2. REPORTS OF TOWN OFFICERS, BOARDS, COMMITTEES Judith J. Uhrig, Chairman of the Planning Board, said that the Board plans to bring Article 48 before the meeting on Monday, April 14, 1986. 11 :03 P.M. Mr. Marshall's motion to adjourn this meeting to Monday, April 14, 1986 at 8 P.M. in Cary Memorial Hall was declared adopted by voice vote. 11:03 P.M. A true copy. Attest: Mary R. McDonough, Town Clerk On April 10, 1986 Gerald A. Heggie, 12 Carley Road, accepted a Town Meeting Member position in Precinct Eight for a term expiring in March 1987. Mr. Heggie will replace Suzanne S. Frank, 187 Cedar Street who resigned as a Town Meeting Member in Precinct Eight as of April 7, 1986. (See Page 10) i ADJOURNED SESSION OF THE 1986 ANNUAL TOWN MEETING APRIL 14, 1986 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall and immediately recessed, subject to the call of the chair. The meeting reconvened at 8:02 P.M. There were 180 Town Meeting Members present. Invocation was offered by Rev. Stephen M. Healy of St. Brigid's Church. 8:03 P.M. i The Moderator called a formal recess for the following presentation. 8:03 P.M. Senator Richard A. Krause was recognized to present citations to the National Merit Scholarship Finalists from Lexington. Before making the presentations, Senator Krause said that Lexington should be proud of their students as they had the highest number of winners throughout the country from a public school. He added that no other school in Massachusetts can match Lexington. After presenting the citations from the State Senate to the students present, they were given a standing ovation. 8:12 P.M. Article 2. REPORT OF TOWN OFFICERS, BOARDS, COMMITTEES Paul W. Marshall, Chairman of the Board of Selectmen, said that he was happy to see that the Appropriation Committee had the blackboard back in use and asked that the Town Manager, Robert M. Hutchinson, Jr. be recognized to explain the new budget spread sheet. At the conclusion of Mr. Hutchinson's explanation, Michael J. O'Sullivan, Chairman of the Appropriation Committee, explained the figures on the blackboard. 8:20 P.M. Article 35. BUILDING MAINTENANCE E Paul W. Marshall moved that Article 35 be tabled. Adopted by voice vote. 8:21 P.M. ( See Pages 63-71.) Article 36. RESCIND UNUSED BORROWING AUTHORIZATION Presented by William J. Dailey, Jr. MOTION: That the unused borrowing authorization voted under Article 40 of the warrant for the 1975 Annual Town Meeting is hereby rescinded. Adopted unanimously. 8 :23 P.M. Article 37. JET FUEL STATUTE Presented by William J. Dailey, Jr. MOTION: That the Town accept Chapter 64J of the General Laws. 8 ...:. - 1 .23 P.M. (Chapter 64J - TAXATION OF FUELS USED IN THE PROPULSION OF AIRCRAFT) Jacquelyn R. Smith gave written notice that she would abstain from voting on Article 37. Adopted unanimously. 8:25 P.M. ., (Adjourted Session of the 1986 Annual Town Meeting - April 14, 1986) Article 38. POW EXCISE TAX EXEMPTION Presented by Paul W. Marshall. (As MOTION: That the town accept the sentence of Section 1 of Chapter adopted) 60A of the General Laws relating to excise tax exemptions for motor vehicles owned and registered by a former prisoner of war. 8:28 P.M. (Chapter 60A - EXCISE TAX ON REGISTERED MOTOR VEHICLES IN LIEU OF LOCAL TAX) A local resident, Franklyn J. Crosby, was recognized and he spoke in favor. Mr. Crosby was the proponent of this article. 8:28 P.M. Mr. Marshall voiced the endorsement of the Board of Selectmen. 8 :28 P.M. In answer to a question raised by Ephraim Weiss, Mr. Marshall said that this would exempt former POW's from paying excise tax. Robert I. Rotberg asked about how many people this would involve and Mr. Marshall said that the present time there are two. Joel A. Adler asked that if the POW owned a fleet of cabs, would this cover him and Mr. Marshall said that he did not know. 8 :30 P.M. Motion adopted by voice vote. 8:30 A.M. Article 39. BY -LAW - DEMOLITION DELAY (See Pgs. Presented by Martin A. Gilman. 26A & 26B . ".As MOTION: That the General By -Laws of the Town of Lexington be amended adopted) by adding a new Article XXXIII thereto entitled "PROCEDURE FOR THE DEMOLITION OF HISTORICALLY OR ARCHITECTURALLY SIGNIFICANT BUILDINGS OUTSIDE OF HISTORIC DISTRICTS" as filed with the Town Clerk with the addition of a new Section 4.3 as follows;' r' "4.3 Upon a determination by the Commission that a building is a preferably- preserved significant building, the owner shall be responsible for properly securing the building if vacant, to the satisfaction of the Building Commissioner. Should the owner fail so to secure the building, the loss of such building through fire or other cause shall be considered voluntary demolition for the purposes of Section 4.2." 8 :30 P.M. Jeff Licht filed written notice that he would abstain from voting on Article 39. After a brief explanation by Mr. Gilman, he asked that Anne Grady, Chairman of the Historical Commission be recognized. Mrs. Grady explained that Lexington had four historic districts. If we had this by -law before, it would probably have saved the Cutler farm house, and, if this is adopted, it could probably save the Cosgrove house. She urged support. 8:36 P.M. At Mr. Gilman's request, Bernice H. Fallick, a member of the Historical Commission, was recognized. Mrs. Fallick explained that they were not against development or against tearing down sheds I but they do want to preserve Lexington's past. 8:40 P.M. Ephraim Weiss served notice of reconsideration of Article 38. 8:40 P.M. (See Page 72) Article 39. Motion, as presented by Martin A. Gilman, adopted by voice vote. (Cont.) 8:43 P.M. d: (Adjourned Session of the 1986 Annual Town Meeting - April 14, 1986) 26A Article 39. (Article 39 as filed with the Town Clerk, as amended, and as (Cont.) adopted: MOTION: That the General By -Laws of the Town of Lexington be amended by adding a new Article XXXIII thereto entitled (As "PROCEDURE FOR THE DEMOLITION OF HISTORICALLY OR ARCHITECTURALLY SIGNIFICANT BUILDINGS OUTSIDE OF HISTORIC adopted) DISTRICTS" as follows: (Approved Section 1. Intent and Purpose by Atty. Gen., This by -law is enacted for the purpose of preserving and protecting August fig, significant buildings within the Town which are outside Historic 1986) Districts and to encourage owners of such buildings to seek out g g persons who might be willing to purchase, preserve, rehabilitate or restore such buildings rather than demolish them. To achieve these. purposes the Lexington Historical Commission (the "Commission ") is empowered to advise the Building Commissioner with respect to the issuance of permits for demolition of significant buildings. The issuance of demolition permits for significant buildings is regulated as provided in this by -law. Section 2., Definitions 2.1 "Building" - any combination of materials forming a shelter for persons, animals or property. 2.2 "Demolition" - any act of pulling down, destroying, removing or razing a building or any portion thereof, or commencing the work of total or substantial destruction with the intent of completing the same. 2.3 "Significant building" - any building or portion thereof not within an Historic District but which (a) is listed on, or is within an area listed on, the National Register of Historic Places, or is the subject of i a pending application for listing on said National Register; or (b) is included in the Cultural Resources Inventory prepared by the Commission including those buildings listed for which complete surveys may be pending; or (c) has been determined by vote of the Commission to'.be historically or architecturally significant in terms of period, style, method of building construction, or association with a famous architect or builder provided that the owner of such a building and the Building Commissioner have been notified, in hand or by certified mail, within ten (10) days of such vote. 2.4 "Commission" - the Lexington Historical Commission. Section 3. Procedure 3.1 Upon receipt of an application for a demolition permit for a significant building the Building Commissioner shall forward a copy thereof to the Commission. No demolition permit shall be issued at that time. 3.2 The Commission shall fix a reasonable time for the hearing on any application and shall give public notice thereof by publishing notice of the time, place, and purpose of the hearing in a local newspaper at least fourteen days before said hearing and also, within seven days of said hearing, mail a copy of said notice to the applicant, to the owners of all property deemed by the Commission to be affected thereby as they appear on the most recent local tax list, to the Lexington Historic Districts Commission and to such other persons as the Commission shall deem entitled to notice. 3.3 If, after such hearing, the Commission determines that the demolition of the significant building would not be detrimental to the historical or architectural heritage or resources of the Town, Adjourned Session of the 1986 Annual Town Meeting April 14, 1986) 26B Article 39. (Article 39 as filed with the Town Clerk, as amended, and as adopted (Cont.) (Cont.) the Commission shall so notify the Building Commissioner with in'.ten (10) days of such determination. Upon receipt of such notification, (As or after the expiration of fifteen (15) days from the date of the adopted) conduct of the hearing if he has not received notification from the Commission, the Building Commissioner may, subject to the requirements of the State Building Code and any other applicable laws, by-laws, rules and regulations, issue the demolition permit. 3.4 If the Commission determines that the demolition of the significant building would be detrimental to the historical or architectural heritage or resources of the Town, such building shall....` be considered a preferably - preserved significant building. 3.5 Upon a determination by the Commission that the significant building which is the subject of the application for a demolition permit is a preferably- preserved significant building, the Commission shall so advise the applicant and the Building Commissioner, and no demolition permit may be issued until at least six months after the date of such determination by the Commission. 3.6 Notwithstanding the preceding sentence, the Building Commissioner may issue a demolition permit for a preferably- preserved significant building at any time after receipt of written advice from the Commission to the effect that either (i) the Commission is satisfied that there is no reasonable likelihood that either the owner or some other person or group is willing to purchase, preserve, rehabilitate or restore such building, or (ii) The Commission is satisfied that for at least six months the owner has made continuing, bona fide and reasonable efforts to locate a purchaser to preserve, rehabilitate and restore the ) subject building, and that such efforts have been unsuccessful. I Section 4. Enforcement and Remedies 4.1 The Commission and the Building Commissioner are each author- ized to institute any and all proceedings in law or equity as they deem necessary and appropriate to obtain compliance with the require- ments of this by -law, or to prevent a violation thereof. 4.2 No building permit shall be issued with respect to any premises upon which a significant building has been voluntarily demolished in violation of this by -law for a period of two years after the date of the completion of such demolition. As used herein "premises" includes the parcel of land upon which the demolished significant building was located. 4.3 Upon a determination by the Commission that a building is a preferably- preserved significant building, the owner shall be responsible for properly securing the building if vacant, to the satisfaction of the Building Commissioner. Should the owner fail so to secure the building, the loss of such building through fire or other cause shall be considered voluntary demolition for the purposes of Section 4.2. Section 5. Severabilit t f any section, paragraph or part of this by -law be for any reason declared invalid or unconstitutional by any court, every other section, paragraph and part shall continue in full force and effect. Adopted by voice vote. 8o43 P.M.) (Ad "ournod Session of the 1986 Annual Town. Meeting -April 14, 1986) 27 Article 2. REPORTS OF TOWN OFFICERS, BOARDS, COMMITTEES Judith J. Uhrig, Chairman of the Planning Board, said that the Board, this evening, had received a request from the proponents of Article 49 that this article be indefinitely postponed. A motion to indefinitely postpone Article 49 will be offered when the meeting reaches that point. 8:44 P.M. Judith J. Uhrig moved that Article 48 be taken out of order and that it be taken up at this time. (See below) Adopted by voice vote. 8:45 P.M. Article 40. See Pages 28 -33. Article 41. See Page's 33 -36. Article 42. See Pages 37 -41. Article 43. See Pages 41 & 42. Article 44. See Pages 44 - 46. Article 45. See Pages 47 _ 50. Article 46. See Pages 51 - 52. Article 47. See Pages 1 & 53 -61. Article 48. AMEND ZONING BY -LAW, LOWELL STREET, RO to CD Stephen B. Cripps moved that the report of the Planning Board on Article 48 be accepted and placed on file. Adopted by voice vote. 8 :47 P.M. Presented by Stephen B. Cripps. (Not MOTION: That the Zoning By -Law of the Town be amended by changing adopted) the zoning district designation of the land on the north - easterly side of Lowell Street abutting the Burlington /Lexington town line and the Middlesex Mall containing 4.59 acres of land more or less as more fully described in Article 48, from RO - -ONE FAMILY DWELLING DISTRICT to CD -- PLANNED COMMERCIAL DISTRICT, all in accordance with a preliminary site development and use plan dated March 31, 1986, and filed with the Town Clerk and the Planning Board. 8:47 P.M. Elizabeth Frank of Northland Realty Corporation was recognized and she gave an overview of the proposal. Mrs. Frank said that $50,000 would be given to the town for a traffic survey in the area and she urged support of Article 48. 8:55 P.M. Urging defeat, James E. Barry, William M. Fraser and Ephraim Weiss all spoke of the traffic problems in the area at the present time. Mr. Weiss showed topographic maps made in 1958 and 1971 in order that the members could see the way the land used to be. 9:05 P.M. Mr. Cripps said that the Planning Board recommended favorable action on this article. He said that it would be difficult to develop this land as residential for single family homes. He also said that both exits from this shopping area, which would be for retail stores, were on Burlington streets. 9:07 P.M. Many questions were raised and, after various speakers, Paul W. Marshall said that the Board of Selectmen endorsed the report of the Planning Board and urged approval. He said that this would be a tax paying development with an extra .$50,000 per year for the town. 9:25 P.M. Questions were raised regarding the volume of material to be removed, where the digging would take place, the amount of tax per foot etc. 9:40 P.M. James Cataldo moved the previous question which was declared adopted by voice vote. 9:40 P.M. ` (Adjourned Session of the 1986 Annual. Tows. Meeting � Aril 14 ) 1986) Article 48. Mr. Cripps yielded his time to Elizabeth Frank who said that although (Cont.) the requirement is that they build eighty -eight spaces, they would build more spaces than that. 9:42 P.M. David Bohn, Traffic Expert, with Northland Realty Corporation, said that the additional traffic would be very small, less than a 2% increase. He said that the traffic would be approximately 30% in Lexington while the balance of 70% would be in Burlington. 9:46 P.M. As this motion required a two - thirds vote if not unanimous, the Moderator stated that he would ask for a standing vote as he knew the vote would not be unanimous. Results as follows: Precinct In Favor Tellers Opposed 1 13 Nancy C. Gordon 5 2 12 Arthur C. Smith 4 3 6 Marilyn K. Mairson 14 4 9 Gale H. Nill 6 5 1 Julie F. Triessl 19 6 8 Alan J. Lazarus 8 7 8 Jacquelyn H. Ward 6 8 12 Roger F. Borghesani 5 9 7 Margaret E. Coppe 9 At Large 22 John R. Campbell 3 Totals 98 79 Less than the required two - thirds having voted in favor, the main motion offered by Mr. Cripps under Article 48 was not adopted. 9:50 P.M. Martha C. Wood served notice of reconsideration of Article 48. 9:50 P.M. I Article 40. ZONING BY -LAW, TECHNICAL CORRECTIONS Judith J. Uhrig moved that the report of the Planning Board on Article 40 be accepted and placed on file. Adopted unanimously. 9:52 P.M. Judith J. Uhrig presented: (See MOTION: That the Zoning By -law be amended as set forth in the motion Page 29 entitled "Motion for the Town Clerk" which is attached to the for Planning Board's report on this proposed amendment. motion 9:48 P.M. as adopted) Mrs. Uhrig read the following: "For the information of the members, the motion I have given to the Town Clerk is an official copy for the record that has only the actual amendment. It has the same wording as in the copies of the motion that you have in your pink reports except it does not include the Planning Board explanations that are interspersed with the amendments and it does not have the underlining, brackets, and bold face and the existing wording of the By -law which is for your information. There is one copy of the Town Clerk motion in each precinct." 9: P.M. At Mrs. Uhrig's request, the Moderator said that Parts 1 and 2 would be divided for voting purposes. 9:56 P.M. Part 1 Motion declared adopted unanimously. 9:58 P.M. (Adjourned Session of the 1986 Annual. 'down Meeting April 14. 1986) 29 Article 40. Part 2 Voice vote was not unanimous, so a standing vote was (Cont.) taken as follows: Precinct In Favor Tellers Opposed 1 15 Nancy C. Gordon 2 2 11 Arthur C. Smith 0 3 15 Marilyn K. Mairson 0 4 15 Gale H. Nill 0 5 16 Julie F. Triessl 0 6 15 Alan J. Lazarus 0 , 7 11 Jacquelyn H. Ward 0 8 10 Roger F. Borghesani 0 9 15 Margaret E. Coppe 0 At Large 18 John R. Campbell 1 Totals 141 3 More than the required two - thirds having voted in favor, Part 2 of Article 40.was declared adopted. 10:06 P.M. (Motion as attached to the Planning Board Re ort and as adopted: (As MOTION: That the Zoning By -law be amended as follows: adopted) PART 1 (Approved b Atty. Al) In section 1.1, PURPOSE, by revising the wording in the ninth y y line after the words: ... "the density of population and intensity of General Jul 23, use;" ... by inserting the words: "the relationship between land July development and traffic congestion;" so that the subsection as 1986) amended will read: "1.1 PURPOSE For the purposes set forth in Section 2A of Chapter 808 of the Acts of 1975, and all acts in amendment thereof and in addi- tion thereto, and under the authority thereof, the uses of land, including wetlands and lands deemed subject to seasonal or periodic flooding; the size, height, bulk, location and use of structures, including building and signs; noxious uses; areas and dimensions of land and bodies of water to be occupied or unoccupied by uses and structures, courts, yards and open spaces; the density of population and intensity of use; the relationship between land development and traffic congestion; accessory facilities and uses, such as vehicle parking and loading, landscaping and open space; and the development of the natural, scenic and aesthetic qualities of the Town of Lexington are hereby regulated as herein provided." A2) In subsection 3.4.4 in the seventh line by inserting the word: "definitive" before the words-: ..."site plan"...; so that the sub- section as amended will read: "3.4.4 CONFORMITY WITH SPGA CONDITIONS In the event that the SPGA approves a special permit under these provisions, any construction, reconstruction, substantial exterior alteration, or addition shall be carried on only in conformity with any conditions, modifications and restrictions to which the SPGA shall have made its finding and determination subject, and only in essential conformity with the application and the definitive site plan on the basis of which the finding and determination are made." I A3) In subsection 3.6.1 in the subtitle and in the first line by re- vising the wording after the words: ... "preliminary site development "... by deleting the words: ... "(and use) "... , so that the subtitle and first paragraph of subsection 3.6.1 as amended will read: "3.6.1 PRELIMINARY SITE DEVELOPMENT PLAN The objectives of a preliminary site development plan are: 1) for the developer to demonstrate an understanding of the characteristics of the tract and adjoining land and to present a proposal consistent with those characteristics, 2) to make a general determination of the feasibility of the development, and 3) to make an evaluation of the off -site impacts of the development and the ability of public services to accomodate it." (Adjourned. Session of the 1986 Annual Town Meeting - Apr %1 14, 1986) 30 Article 40. (Motion as attached to the Plannin Board Report and as ado ted (Cont.) (Cont.) A4) In the existing subsection 3.6.1: a) by inserting the numbers "3.6.2" before the existing unnumbered subtitle: ... "PRELIMINARY SITE DEVELOPMENT AND USE PLAN "..., b) by inserting the numbers "3.6.3" before the existing unnumbered subtitle: ...."FILING OF PRELIMINARY SITE DEVELOPMENT AND USE PLAN "..., and c) by deleting the existing numbers: ... "3.6.2 "... and inserting in place thereof "3.6.4" before the subtitle: ..., "DEFINITIVE SITE DEVELOPMENT PLAN "... ; so that the subtitles, as amended, will read: "3.6.2 PRELIMINARY SITE DEVELOPMENT AND USE PLAN " "3.6.3 FILING OF PRELIMINARY SITE DEVELOPMENT AND USE PLAN" (As "3.6.4 DEFINITIVE SITE DEVELOPMENT PLAN" adopted) A5) In the newly redesignated subsection 3.6.4 "DEFINITIVE SITE DEVELOPMENT PLAN ", in sub - paragraph "d ", by inserting the words: "construction details, " before the words: ... "proposed changes in contours "... and by inserting the words: "", species of plants" before the words:' ... " "and sizes,"... so that the subsection, as amended will read: "d. A site construction plan showing construction details, proposed changes in contours and identifying landscaping by materials, species of plants and sizes, and specific plans for any common open space; f° and in the subsection between "e" and "f" under the newly redesignated subsection "3.6.4 DEFINITIVE SITE DEVELOPMENT PLAN" by revising the wording after the words: ..."all in accordance with "... by deleting the words: ..."Section 5, Definitive Plan Requirements; Section 6, Design Standards; and Section 7, Required Improvements, of "...; and by revising the wording after the words: ... "the Planning Board's"... by deleting the words: ..."Rules and"... and by inserting in place thereof the word: "Development", so that the subsection between "'e"" and "f" will read: $ "all in accordance with the Planning Board's "Development Regu- lations" as applicable; and further," A6) In subsection 7.4.4 PRE - EXISTING CM DISTRICT LOTS: a) in the first sentence, by revising the wording after the words: ..."the Board of Appeals may"... by inserting the words: "grant a special"; and after the word: ... "permit "... by inserting the word "for"; b) in the second sentence, by revising the wording after the words: ... " "after the adoption of said minimum requirements shall"... by inserting the word: "be "; and c) in the third sentence, by revising the wording after the words: ... "In granting such "... by deleting the word: .... "permission "... and by inserting in place thereof the word: "permit "; and by deleting the word: ..."permit "... and by inserting in place thereof the word: "allow "; so that the subsection, as amended will read: " In CM districts in particular instances the Board of Appeals may grant a special permit for a principal building to be erected on a lot having less area or frontage, or both, than the minimum requirements specified in Table 2, if at the time of the ..,. . adoption of said minimum requirements such lot was lawfully laid out and recorded by plan or deed and'did not adjoin other land of the same owner available for use in connection with such lot, provided that the Board determines that such permission can be granted without substantial derogation from the intent and purpose of this By -Law. A lot resulting from a taking by eminent domain after the adoption of said minimum requirements shall be deemed for the purposes of this paragraph to have been lawfully laid out and recorded by plan or deed at the time of such adoption, if the larger lot of which it was a part before such taking was so laid out and recorded. In granting such permit, the Board may allow front, side or rear yards of less than the minimum yard require- ments specified in Table 2." (Ad'ourted Session of the 1986 Annual Town Meet' 1986 r'l 14 ) 31 Article 40. (Motion as attached to Plannin Board Report and as adopted (Cont.) (Cont.) A7) In subsection 4.3, b strikin out "9.5" and insertin in place thereof "8.5" and in subsection 4.4, b strikin out "9.6" and insertin in place thereof "8.6" (As A8) In Section 7 DIMENSIONAL CONTROLS: a) b desi the adopted) existin unnumbered para under 7.1 COMPLIANCE WITH DIMENSIONAL CONTROLS as "7.1-111. b) b desi the para in the subsection "7.3 RESIDENTIAL USES IN OTHER DISTRICTS" to be "7.1.2" and relocatin it to appear after the newl desi 7.1.1 and b insertin the words: "RESIDENTIAL USES IN OTHER DISTRICTS:" after the newl desi 7.1.2 and before the words: "Uses and buildin permitted"... c) b desi the para in the subsection "7.5 LOTS PARTLY IN LEXINGTON" to be "7.1.3" and relocatin it to appear after the newl desi 7.1.2 ; and insertin the words: "LOTS PARTLY IN LEXINGTON:" after the newl desi 7.1.3 and before the words: ..."When a lot in one ownership"... ; d) b deletin the subtitle: "7.3 RESIDENTIAL USES IN OTHER DISTRICTS" and b insertin in place thereof the words: "7.3 (Space Reserved)" and e) b deletin the subtitle: "7.5 LOTS PARTLY IN LEXINGTON" and insertin in place thereof the words: "7.5 (Space Reserved)" so that the affected parts of subsection 7.1 as amended will read: 7.1 COMPLIANCE WITH DIMENSIONAL CONTROLS "7.1.1" A lot of land compl with (remainder of wordin unchan "7.1.2 RESIDENTIAL USES IN OTHER DISTRICTS:" Uses and buildin permitted in the RO, RS or RT districts ..." (remainder of wordin unchan "7.1.3 LOTS PARTLY IN LEXINGTON:" When a lot in one ownership is situated in part in the Town of Lexin and..." (remainder unchan and subsection 7.3 will read: "7.3 (Space Reserved)" and subsection 7.5 will read: T17.5 (Space Reserved A9) In section 7.7 BROOK AND POND SETBACKS: a) in 7.7.3 b insertin the word: "North" before the words: ..."Emerson Road"..., and b) in 7.7.9 b deletin the words: ..."the two unconnected parts of"... before the words: ..."Sherburne Road"... and insertin the words: Viand Sherburne Road South" before the words: ..."until it g oes under so that the subsections as amended will read: "7.7.3 A brook sometimes known as Turnin Mill Brook from its ori N.E. of North Emerson Road near Route 128 to Simonds Brook." "7.7.9 The South Branch of the Upper Vine Brook from its source between Sherburne Road and Sherburne Road South until it g oes under near Vinebrook Road," A10) In subsection 8.4.2 SPECIAL PERMIT PROVISIONS for the RD and CD district, in sub-para "d" in the sixth line b inserting'.the word: "ratio" before the words: ... "approved for the CD district so the sub-para as amended will read: "d. the SPGA ma in its discretion, permit minor deviations from the plan approved b Town Meetin provided the do not conflict with the intent of the plan and the do not allow the buildin floor area to exceed that shown on the approved plan b more than 10% in the RD district, or to exceed the maximum floor area ratio approved for the CD district;" AV ou��ed Se88ion of the 1986 Annual Tom. Mee ting - April 14, 1986) 32 Article 40. (Motion as attached to the Planning Board Re ort and as adopted (Cont.) All) In section 2, Definitions, FIRE LANE, by deleting the words: ... "Head of the Fire Department "... and by inserting in place thereof the words: "Fire Chief, or his designee, "; Al2) In section 2, Definitions, FRONTAGE, LOT, by changing the wording after the words: ... "to which the owner has a legal right of access "... by inserting the words: "and to which the owner could provide for vehicular access from a principal building, or a required parking space. "; so that the first sentence of the definition as amended reads: "FRONTAGE, LOT: The continuous portion of the line separating a lot from a street to which the owner of the lot has a legal right of access and to which the owner could provide for vehicular access from a principal building or a required parking space." A13) In section 2, Definitions, HOTEL, MOTOR HOTEL OR MOTEL, by deleting the existing definition in its entirety and inserting in place thereof: "HOTEL, MOTEL: An establishment providing lodging for 15 or more guests on a short term basis, usually less than one week; dining rooms, function rooms and other support services may be (As included. In a hotel, access to the individual sleeping rooms, adopted) is usually through a lobby and interior corridors; in a motel, access to the individual sleeping rooms, is usually directly from parking spaces or by an exterior walkway. "; and in Table 1, Use Regulations Schedule, in line 6.16, by striking out the words: ... "motor hotel "... and inserting in place thereof the word: "motel "; A14) In section 2, Definitions, by deleting the definition OPEN AREA, PERCENTAGE in its entirety and by inserting in place thereof a new definition, in the proper alphabetical sequence: "SITE COVERAGE: The sum of all parts of a lot that are covered by a principal or accessory building or other structure; such parts of the lot to be delineated by the intersection of the ground with the vertical plane of the outermost walls or projections of a building or structure whether in contact with the ground or projecting over it. "; and in Table 2, Schedule of Dimensional Controls by deleting the words "Minimum % Open Area" in the eighth line and inserting in place thereof "Maximum % Site Coverage" and on the same line by striking out "$5 %" and inserting "15 % ", by striking out "75 %" and inserting "25 % ", and by striking out "66.7 %" and inserting "33.3 %" in place thereof. PART 2 A15) In section 3.2.2 Variances, by deleting the words: ... "in cases where a particular use is sought for which no permit is required, with respect to a particular parcel of land''... and inserting in place thereof the words: "with respect to particular land or structures "; and by inserting the words: "owing to circumstances relating to the soil conditions, shape or topography of such land or structures and" before the words: ... "owing to conditions "... and by deleting the word: ... "specially "... and inserting in place thereof the word: "especially" before the words: ... "affecting such parcel or such building "... so that the paragraph, as amended will read: tl) C) (Adjourned Session of the 1986 Annual Town Meetin April 14, 1986) Article 40. (Motion as attached to the Plannin Board Report and as adopted (Cont.) .(Cont.) "Variances - to authorize upon appeal, or upon petition with respect to particular land or structures or to an existin buildin thereon a variance from the terms of this B where,, owin to circumstances relatin to the soil conditions, shape or topo- g raph y of such land or structures and owin to conditions especiall affectin such parcel or such buildin but not affectin g enerall y the zonin district in which it is located, a literal enforcement of the provisions of this B would involve sub- stantial hardship, financial or otherwise, to the appellant, and where desirable relief ma be g ranted without substantial detriment to the public g ood and without nullif or sub- stantiall dero from the intent or purpose of this b but not otherwise." . Part 1 Motion declared adopted unanimousl 9:58 P.M. Part 2 Motion adopted. In Favor: 141 Opposed: 3 10:06 P.M.) Article 41. ZONING BY-LAW, ADJUSTMENTS RESIDENTIAL DEVELOPMENT Martha C. Wood moved that the report of the Plannin Board on Article 41 be accepted and placed on file. Adopted unanimousl 10:06 P.M. Presen b y Martha C...Wood. (See MOTION: 'That.the Zonin B amended as set forth in the adopted motion entitled 1. "Motion for the Town Clerk" which is attached to motion the Plannin Board's report on this proposed amendment. below 10:07 P.M. Mrs. Wood read.thestatementrelative to. the..official motion filed wi th tb Town Clerk which is different, because of explanations, fkom i e the,motion for the Town Meetin Members. (See Pa 28) Frederick H. Ha serves notice of reconsideration of Article 40, Part 2. 10:13 P.M. Article 41. Motion under Article 41 declared adopted unanimousl (Cont.) 10:16 P.M. (Motion as attached to the Plannin Board Repo rt and as adopted:- (As ..MOTION: That the Zonin B be amended as follows: adopted) Al) In section 9..2, in the table, b addin "RT" at the top of the (Approved column headed "RS" so that the headin as amended will read: b Att General RO RS_,RT RD Jul 23, 1986) A2). In sub -section 9.2.2 b deletin the words: ..."Calculation: multipl developable site area (see 7.9) b 0.85 and divide the product b 30,000 sf 15,500 sf No re , and b insertin in place thereof the words: "For calculation of densit see 9.2.9" so that section 9.2.2 reads: "9.2.2 Maximum Base Densit in Dwellin @ 1.2/acre @ 2.4/acre No re Units, or E For calculation of densit see 9.2.9" .......... 34 (Adjouthed Session of the 1986 Annual Town Meeting - April 14, 19$6) Article 41. (Motion as attached to the Planning Board Re ort and as ado ted (Cont.) (Cont.) A3) In sub - section 9.2.9, by deleting the first paragraph in its entirety and by inserting in place thereof two paragraphs, as follows: "9.2.9 DENSITY: The maximum number of dwelling units on a tract in a planned residential development shall be the lesser of: 1) the product of the following formula: multiply the developable site area (see 7.9) by 0.85 and divide the product by the mini- mum lot area for the district in which the lot is located (R0= 30,000 sf, RS and RT- 15,500 sf), provided any fraction thereof shall not be credited toward another dwelling unit, or 2) the number of lots complying with the minimum lot area, lot (As frontage and lot width requirements for a conventional sub- adopted) division as shown on the "proof" plan required below." and "To determine the maximum number of dwelling units permitted in a planned residential development, an applicant shall submit a certified calculation of the developable site area (see7.9) and the calculation described in 1) above; and a "proof plan" of the tract showing a lot layout and street layout only, complying with the Planning Board's "Development Regulations "." A4) In Section 2, Definitions: 1) in the definition "CLUSTER DEVELOPMENT" by deleting the word: ... "DEVELOPMENT "... and inserting in place thereof the word "SUBDIVISION" and by inserting the words: "on lots" before the words: ... "in one or more groups"... so that the definition, as amended will read: "CLUSTER SUBDIVISION A planned residential development in which buildings are constructed on lots in one or more groups separated from adjacent property and other groups of buildings by inter- vening open land. The density, dimensional standards or types of buildings permitted may vary from those otherwise permitted or required." i and 2) by inserting in the proper alphabetical sequence a new �> definition, as follows: "SPECIAL RESIDENTIAL DEVELOPMENT: A planned residential development, which may be on one or more lots, in which considerable design flexibility is allowed if a development meets design criteria as set forth in Section 9. The dimensional standards, types of buildings permitted and density may vary from those otherwise permitted or required." A5) In the NOTE following sub - section 9.2.8 by deleting the existing wording and by inserting in place thereof: "NOTE: In an R0, RS or RT district, a planned residential development may be: 1) a conventional (conv) subdivision, 2) a cluster (clus) subdivision, with the tract divided into separate lots for dwellings and common open space, or 3) a special (spec) residential development in which the tract may be in one ownership or may be divided into separate lots for dwellings and common open space. "; and in Section 9.2 by inserting a new line under the headings of the columns in the table as follows: under the columns headed "RO" and "RS,RT" the symbols: "(conv) (clus /spec)" A6) In Table 1, Use Regulations Schedule, in line 1.6 by deleting all the words after ... "rooming units) "... and the symbols under the columns headed RO -RS, RT and RD and inserting in place thereof: (Ad Session of the 1986 Annual Town Meetin April 14, 1986) 35 Article 41. (Motion as attached to the Plannin Board Report and as ado ted (Cont.) (Cont.) T I All planned residential developments, which have three or more dwellin units, or their e re a special permit with site plan review (SPS). The t of dwellin and residential facilities listed below are permitted in the several districts as indicated. (See Section 9, and subsection 9.2 in particular for more detailed information.) (As RO adopted) RS RT RD a. One-famil detached Yes Yes Yes* b. One-famil attached, two-famil SP Yes Yes* c. Townhouse SP SP Yes* d. Three-famil four-famil multi-famil No No Yes* e. Roomin house, g roup q uarters, **Yes where accessor to a reli or educational use No**No**Yes* f. Group care facilit con livin facilit lon term care facilit No No Yes* g . Conversion of municipal buildin to residential use subject to a preliminar Yes Yes Yes* site development and use plan (see subsection 8.3.3)" and b insertin the s "No" under all other districts in Table 1 and b deletin line 9.2.3, includin the table in its entiret and insertin in place thereof: RO RS., RT RD (Conv)(Clus) (Conv)(Clus) (Spec) (Spec) "9.2.3 T of Buildin Permitted a. One-Famil Detached Yes Yes Yes Yes Yes b. One-famil Attached, *Yes in RT SP * No SP No* Yes -famil *Yes in RT No SP c. Two No* SP* Yes d. Townhouse No SP No SP Yes e. Three-,, Four-Famil No No No No Yes f. Multi-Famil No No No No Yes g . Roomin House No No No No Yes h. Group Q uarters **Yes where No** No** No** No** Yes accessor to a reli or educational use i. Group Care Facilit No No No No Yes j. Con Livin Facilit No No No No Yes k. Lon Care Facilit No No No No Yes 1. Converai,on of Municipal Yes Yes Yes Yes Yes Buildin (See 9.5)" A7) B deletin the second para of sub-section 9.2.11 in its entiret and b insertin in place thereof.- "In an RO, RS or RT district, where the followin conditions are met: a) the development is a cluster subdivision, or a special residential development, b) the maximum number of dwellin units does not exceed the maximum densit allowed b 9.2.9, and c) the SPGA makes a determination that the proposed development has a desi that more than complies with the desi standards and criteria set forth in 9.4.8 the SPGA, as part of the g rant of a special permit with site plan review, ma also g rant a special permit to: 1) permit t of buildin identified in 9.2.3 as allowed b special permit, 2) modif the standards in Table 2 for minimum lot area, minimum lot fronta minimum front y ard, minimum side y ard, minimum rear y ard, maximum percenta of site covera and maximum hei in stories, the provisions of 7.1.1 relative to the number of dwellin on a lot, the minimum lot width in sub- section 7.2.2, all as the ma appl to individual dwellin within a cluster subdivision or a special residential development, and the common open space re in 9.3.6 for a special residential development onl to such standards as ma in the opinion of the SPGA, be consistent with the desi standards and criteria set forth in 9.4.8." 16 (Adjourf.ed Session of the 1986 Annual Town Meeting - April 14, 1986) Article 41. (Motion as attached to the Planning Board Report and as adopted (Cont.) (Cont.) A8) In sub - section 9.4.2 by deleting the first sentence in its entirety, and by inserting in place thereof a new first sentence, as follows: "The Planning Board shall be the special permit granting authority for all planned residential developments except for a development in an RD district and for the conversion of a municipal building." and by inserting a new second sentence before the existing second sentence: "(See subsection 8.3.4 for a development in an RD district, where the Board of Appeals is the SPGA; see subsection 9.5.6 for con- version of a municipal building, where the Board of Selectmen is (As the SPGA)." adopted) so that the paragraph as amended will read: "The Planning Board shall be the special permit granting auth- ority for all planned residential developments except for a development in an RD district and for the conversion of a muni- cipal building. (See subsection 8.3.4 for a development in an RD district, where the Board of Appeals is the SPGA; see sub - section 9.5.6 for conversion of a municipal building, where the Board of Selectmen is the SPGA). In acting upon applications for special permits, the SPGA shall be governed by the provisions of Section 3.4." A9). In Table 2, Schedule of Dimensional Controls, a.) in the line, "Minimum Front Yard" under the column headed RM &RD(a) by deleting: ... "40 ft. "... and inserting in place thereof "50 ft." b.) by adding the letter "(k)" after "Minimum Front Yard(b)(j) ", "Minimum Side Yard ", and "Minimum Rear Yard ", and by adding at the end of Table 2 the following footnote: "k. A structure in a planned residential development must comply with sub- section 9.2.5, Minimum Yard Setback on Perimeter of Tract." A10) In subsection 3.6.1 PRELIMINARY SITE DEVELOPMENT PLAN by adding a new subparagraph b, as follows: "b. A locus - context map of all land within 500 feet of any part of the tract and showing: all dwellings and principal buildings, the land use of each lot, lot and right -of --way lines, existing contours at two -foot intervals, principal natural features (see a. above) in general, zoning district boundaries, recorded ease- ments abutting the tract, and public facilities, such as conserva- tion or recreation land, footpaths, bicycle paths, or streets. The SPGA may require the submittal of cross - sections showing elevations on the lot to be developed and those on adjacent properties. Information taken from the Town's photogrammetric or property maps is acceptable where applicable." and by redesignating subparagraphs b through f, and all cross references thereto to be subparagraphs c through g respectively. Main motion adopted unanimously. 10:16 P.M.) "�7` (Ad Session of the 1986 Annual Town Meeting - April 14, 1986) of Pku3r Article 42. ZONING BY -LAW, ADJUSTMENTS OFF- STREET PARKING Karsten Sorensen moved that the report of the Planning Board on Article 42 be accepted and placed on f ile. Adopted unanimously. 10:17 P.M. Presented by Karsten Sorensen. (See MOTION: That the Zoning By -law be amended as set forth in the bottom motion entitled "Motion for the Town Clerk" which is attached to of page the Planning Board's report on this proposed amendment. for 10:17 P.M. adopted motion) Mr. Sorensen read the statement relative to the official motion filed with the Town Clerk which is different, because of explana- tions, from the motion for the Town Meeting Members. (See Page 28) 10 :18 P.M. Mr. Sorensen gave an explanation of his motion. 10:23 P.M. Richard A. Michelson moved that Article 42 be indefinitely postponed. (Indef. . 10:24 P.M. Post- pone Mr. Michelson explained because of possible litigation regarding an Lost) addition to the Mews Building on Muzzey Street, there should not be any changes made until next year or the year after so as not to complicate the issue. 9:25 P.M. Mr. Sorensen answered that the Mews Building in no way affects this article and added that the Planning Board wishes to go ahead with this article.. 10:26 P.M. i Ephraim Weiss asked if there would be any impact on a potential suit if the town meeting passed this by -law. Town Counsel, Norman P. Cohen answered that he had not seen any suit but could not see any impact. 10 :27 P.M. Mr. Michelson's motion to indefinitely postpone Article 42 was declared lost by voice vote. 10:27 P.M. Voice vote on the main motion was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Abstain Opposed 1 13 Nancy C. Gordon 0 2 15 Arthur C..Smith 0 3 14 Marilyn K. Mairson 1 0 4 15 Gale H. Nill 0 5 15 Julie F. Triessl 2 6 16 Alan J. Lazarus 0 7 13 Jacquelyn H. Ward 0 8 11 Roger F. Borghesani 0 9 15 Margaret E. Coppe 0 At Large 22 John R. Campbell 2 Totals 149 1 4 More than the required two- thirds having voted in favor, the main motion offered by Mr. Sorensen under Article 42 is adopted. 10:30 P.M. (Motion as attached to the Planning Board Re ort and as adopted: (As MOTION: That the Zoning By -Law be amended as follows: adopted) ..rr..• .R'r, ,s : Rw <:ar;.. u:. „t ... >.: i<:_.0 - ka> > rr > r i -: r inn r x.r .n c r r a >x ts. a r a i . s ice. E i a f t Et 130 (Ad'ourned Session of the 1986 Annual Town Meeting -_April 14 1986) Article 42. (Motion as attached to the Planning Board Report and as ado ted (Cont.) (Cont.) Al) In Section 11.1, by adding under the section heading, OFF- STREET {Approved PARKING AND LOADING, and before subsection 11.1, the words: "NOTE: The General Arty. following terms relative to off - street parking and loading are defined Ge Jul 23, in Section 2, Definitions: driveway, interior drive, maneuvering aisle, 1986) m vehicle trip, parking lot, and unit parking depth. "; so that the wording as amended will read: SECTION 11. OFF- STREET PARKING AND LOADING and "NOTE: The following terms relative to off - street parking /loading I are defined in Section 2, Definitions: driveway, interior drive, maneuvering aisle, motor vehicle trip, parking lot, and unit parking depth." 11.1 OBJECTIFIES, APPLICABILITY A2) In sub- section 11.2.1: a) in the third line of the first sentence, by inserting after the words: ..."certificate of occupancy," ... the words: "or petition for a variance," and in the second line by deleting the word: ..."or"... after the words: ..."special permit"... and by inserting a comma after the words ..."special permit"... in the second line, so that the subsection 11.2.1, as amended will read: (As adopted) "11.2.1 Each application for a special permit with site plan review or, where needed, for a building permit, special permit, certificate of occupancy, or petition for a variance, shall be accompanied by an off - street parking and loading plan showing :" b) in subsection "a" by adding after the words: ..."loading bays,"... the following: "which shall comply with this By -law and accepted engineering practice," so that subsection "a ", as amended, will read: "a. the number, location, elevation and dimensions of all driveways, maneuvering spaces or aisles, parking spaces and loading bays, which shall comply with this By -law and accepted engineering practice." c) in subsection "b" by inserting in the first line the words: "the construction details and" before the words: ..."the location, size"... so that subsection "'b ", as amended will read: "b. the construction details and the location, size.and type of materials for surface paving, drainage facilities, curbing or wheel stops, trees, screening and lighting," d) by redesignating the existing subsection I 'd" to be ' "e" and by inserting a new subsection, to read as follows: "'d. where landscaping is to be provided, the species and size of plant materials,' "; A3) In subsection 11.3.2.d in the first sentence by deleting the words ... "computed separately "... and inserting in place thereof the words: "which shall be de-t.e:rmillod by computing the number of parking spaces and loading bays required for the various individual uses and by then adding those numbers including any fractional number. "; so that the first sentence as amended will read: "d. Where off- street parking or loading serves two or more activities that are different types of uses, including two or more activities that are part of the same principal use, the number of spaces or bays provided shall be the sum of the requirements for the various individual uses which shall'be determined by computing the number of parking spaces and loading bays required for the various individual uses and by then adding those numbers including any fractional number." Adjourned Session of the 1986 Annual Town Meetin April 14' 1986) 0 09 Article 42. (Motion as attached to the Plannin Board Repor as adopted (Cont.) (Cont.) A) a) b deletin subsection "11.4 PARKING, LOADING TERMINOLOGY" in its entiret b) b redesi subsection 11.5-LOCATION OF OFF-STREET PARKING, LOADING BAYS to be subsection 11.4 and chan all nuiffbers in that subsection and cross-references to it accordin c) b addin a new subsection "11.5", as follows: "11.5 DRIVEWAYS 11.5.1 Each parkin space and loadin ba shall be connected b a drivewa to a street or to an interior drive that leads to a street. Parts of a drivewa ma be partl on another lot or ma straddle a lot line provided the Board of Appeals g rants a special permit under subsection 11.8c." and d) b redesi subsection 11.6.7a, which deals with the inter- section of a drivewa with a street and si lines, to be sub- section 11.5.2, and subsection 5.6, which prohibits drivewa servin commercial uses from passin throu a residential district, to be subsection 11.5.3 readin as follows: (As adopted) "11.5.2 In all districts the number of drivewa permittin entrance to and exit from a lot shall be limited to two per street line. Drivewa shall be located so as to minimize con- flict with traffic on public streets and where g ood visibilit and si distances are available to observe approachin pedestrian and vehicular traffic. .11.5.3 No private wa or drivewa which serves a non-residential use in a non-residential district shall be built throu a residential district." A5) In subsection 11.6.1, b deletin the words: ..."not be located in that portion of the front y ard which lies between the principal buildin and the street line except in a desi drivewa and b insertin in place thereof the words: "be located in a drivewa or parkin space desi on a plan if located in the front y ard and not on a lawn or other natural area." so that the subsection as amended will read: "11.6.1 PARKING FOR ONE - FAMILY, TWO-FAMILY DWELLING: On an lot in an district where parkin is provided for a one-famil or two-famil dwellin and where there are not more than four outdoor parkin spaces servin such dwellin each parkin space shall be set back five feet from an side lot line or rear lot line, and shall be located in a drivewa or parkin space desi on a plan if located in the front y ard and not on a lawn or other -natural area." A6) In subsection 11.6.2, b insertin the word: "drivewa between the words ..." spaces.."... and ..."and maneuverin aisles"... in the third line, and b insertin the word: ", drivewa between the words ..."parkin space"... and ..."and maneuverin aisle".... in the title above the table in subsection 11.6.2 ; in subsection 11.6.6a b insertin a comma and deletin the word ..."and"... after the words ... "parkin spaces"... in the fourth line and b insertin the words: it, maneuverin aisles and drivewa after the words ..."loadin ba in the same line in subsection 11.6.6b b insertin the- words: "alon drivewa and" after the word ..." "screened "... in the fourth line ; so that the subsections as amended will read: "11.6.2 On an lot in an district, for all uses other than a one-famil or two famil dwellin all paved parts of all parkin spaces, drivewa and maneuverin aisles, shall be set back from an wall of a principal buildin and from an lot line or zonin boundar line as indicated in the followin table"... (remainder of section unchan ... "Distance in feet_parkin space, drivewa and maneuverin aisle must be set back from:" (remainder of subsection unchanged) Adjourned Session of the 1986 Annual Town - Meeting - A ril 14 19$6) Article 42. (Motion as attached to the Planning Board Report and as adopted (Cont.) (Cont.) "11.6.6a In all residential districts, or on a lot in any other district which abuts or faces a lot in a residential district, any outdoor parking lot containing five or more parking spaces, all loading bays, maneuvering aisles and driveways shall be screened in accordance with subparagraph c, in a manner to protect abutting lots from the glare of headlights, noise and other nuisance factors." 11 11.6.6b Any parking lot which is: 1) a principal use or 2) within any residential district, shall have setbacks computed in accordance with paragraph 11.6.2 and shall be screened along driveways and around the entire perimeter of the parking lot."... (remainder of the subsection unchanged) A7) In subsection 11.6.7b by adding a new second sentence: "Note: Design standards for interior drives are different from those for driveways; see "Development Regulations :.; and by redesignating 11.6.7b, with the additional sentence, to be 11.7.2d; and by redesignating 11.6.7c to be 11.7.2e; so that the subsections as reworded and redesignated will read: (As adopted) "11.7.2d The width of a driveway for one -way use shall be a minimum of 8 feet and for two -way use shall be a minimum of 18 feet and a maximum of 30 feet, as measured at the setback line. Note: Design standards for interior drives are different from those for driveways; see "Development Regulations "." "11.7.2e Where access or egress is provided ".... (wording of redesignated subsection unchanged); and by deleting the subtitle "11.6.7 DRIVEWAYS" A8) In subsection 11.7.2c in the first sentence by inserting the words: "or within the minimum dimensions of a parking space as set forth in 11.7.2x" after the words ... "maneuvering aisle "...; and by deleting the second sentence in its entirety; so that subsection 11.7.2c as amended will read: "Where columns of a ;building or structure are located in a parking lot (such as a parking garage under a building) no part of a column may be within 3 feet of a maneuvering aisle or within the minimum dimensions of a parking space as set forth in 11.7.2a." A9) In subsection 11.8c by: 1) deleting the "s" from the words: "spaces" and "bays" in both the second and fourth lines, so that they are singular, and 2) by deleting the words: ... "in a commercial district "... in the first line before the words ... "to lead to "...; by inserting the word: "a" on the second line before the words: ... "parking space or loading bay "....; by inserting on the fourth line line the words: "a parking" before the words: ... "space or "... and by inserting on the fourth line the words: "a loading" before the words: ... "bay on two or more "...; and by inserting a new second sentence: "Where the driveway is located in a planned residential development for which a special permit with site plan review (SPS) is required and the Planning Board is the SPCA, the Planning Board may grant the special permit for the driveway location." so that subsection 11.8c, as amended, will read: "To allow a driveway on one lot to lead to a parking space or loading bay on another lot, or to allow a driveway to straddle the lot line and serve a parking space or a loading bay on two or more lots, both in a commercial district, provided a binding agreement, satisfactory in form to the Town Counsel, is executed and is filed in the Registry of Deeds of Middlesex County. Where the driveway is located in a planned residential development for which a special permit with site plan review (SPS) is required and the Planning Board is the SPCA, the Planning Board may grant the special permit for the driveway location." (Ad Session of the 1986 Annual Town Meetin - April 14, 1986) Article 42. (Motion as attached to the Plannin Board Report and as adopt d (Cont.) (Cont.) A10) In Section 2, DEFINITIONS, DRIVEWAY b insertin the words or interior drive," after the words ..."from a street"... in the fourth line ; so that the definition as amended will read: "DRIVEWAY: An area on a lot which: is for the passa of motor :qtand.'n such vehicles except . ''. . .1 8�f vehicles (and not for storin or where servin four or fewer parkin spaces), has an all-weather surface, provides access and e to and from a street, or interior drive, and leads to or from a parkin space or loadin ba (or their related maneuverin aisle)." Main motion adopted. In Favor: 149 Opposed-, 4 Abstained: I Declared adopted 10:30 P.M.) Article 43. ZONING BY-LAW., EXPANSION OF NON-CONFORMING DWELLING Karsten Sorensen moved that the report of the Plannin Board on Article 43 be accepted and placed on.file. Adopted unanimousl 10:31 P.M. Presented b Karsten Sorensen. (See Pa 42 MOTION: That the Zonin B be amended as set forth in the motion for entitled "Motion for the Town Clerk" which is attached to the Plannin motion Board's report on this proposed amendment. as 10-.31 P.M. adopted) Mr. Sorensen read the statement relative to the official motion filed with the Town Clerk which is different, because of explana- tions, from the motion for the Town Meetin Members. (See Pa 28) 10:31 P.M. Mr. Sorensen explained his motion with the aid of slides. 10:35 P.M. (Amend. Julian J. Buss moved to add after the words "one- or two-famil adopted) dwellin the words "which is used onl as a residence," 10:36 P.M. Richard A. Michelson served notice of reconsideration of Article 42. 10:37 P.M. Article 43. After Mr. Buss amendment was checked b the Town Counsel, (Cont.) the Moderator read the motion to amend to the meetin 10:40 P.M. Mr. Sorensen said that the Plannin Board had no ob to this amendment. 10:41 P.M. As "one- or two-famil dwellin appears in two places in the motion, Robert V. Whitman asked where Mr. Buss additional words were to be added and Mr. Buss said the were to be inserted in both places. 10:43 P.M. Mr. Buss motion to amend was declared adopted b voice vote. 10:43 P.M. . .......... ... ��tt (Adj o�.ttned Session of the 1986 Annual 'To rn Meeting - Ap�i1 14+ 1986) P9» Article 43. Many questions were raised and Norman P. Cohen, Town Counsel, (Cont.) explained that this by -law would be making it more lenient. After general discusson, the main motion, as presented by Mr. Sorensen and amended by Mr. Bussgang was declared adopted unanimously. 10:57 P.M. (Main motion, as amended, and as adopted reads: (As MOTION: That the Zoning By -law be amended as follows: adopted) In section 6.3, Enlarging Structures, by striking out the first (Approved Paragraph in its entirety and inserting in place thereof: -- --- "That by Atty. part of a lawfully existing one- or two - family dwelling, which is General • used only as a residence, which is non-- conforming with respect to Jul 23, minimum yard setback, may be enlarged or extended provided: 1) the July 1986) existing degree of non - conformity is not greater than 50 per cent of the required setback, 2) the site coverage of the dwelling within the minimum yard setback is not increased, and 3) the SPGA makes a finding that the extension or enlargement is appropriate in mass and scale for the neighborhood, with particular attention to abutting properties, and grants a special permit for the extension or addition. A lawfully existing one- or two- family dwelling, which is used only as a residence, which is non - conforming with respect to minimum yard setback, may be enlarged or extended in any other direction in compliance with this By -law by the issuance of a building permit as provided in subsection 3.1,2." Main motion, as amended, adopted unanimously. 10:57 P.M.) Paul W. Marshall moved that this meeting be adjourned to Wednesday, April 16 1986 at 8 P.M. in Cary Memorial Hall. 10 :57 P.M. The Moderator asked that the volunteer camera aids be recognized: Susan Edelman, Jen Howard, Mike McGuerty and Rick Frazier. They were given a round of applause by the meeting. 10:57 P.M. z Nyles Nathan Barnert questioned the date of adjournment and Mr. Marshall answered that the Center Revitalization Report was to be presented at the April 16th session and the Choate- Symmes article would be presented at the May 5th session and the School Maintenance article would be presented at the May 7th session. Mr. Marshall's motion to adjourn this meeting to Wednesday, April 16, 1986 at 8 P.M. in Cary Memorial Hall was declared adopted by voice vote. 10:58 P.M. A true copy. Attest: Mary R. McDonough, Town Clerk ADJOURNED SESSION OF THE 1986 ANNUAL TOWN MEETING 43 APRIL 16, 1986 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 :01 P.M. in Cary Memorial Hall. There were 169 Town Meeting Members present. Invocation was offered by Sydney Morris, Coordinating Minister, Follen Community Unitarian /Universalist Church. 8:03 P.M. Article 2. REPORTS OF TOWN OFFICERS, BOARDS, COMMITTEES Margery M. Battin, Chairman of the Revitalization Committee, presented an oral report of the committee, with the aid of other members. Mrs. Battin said that the plan for the Center is dedicated to the late Jack Powell, Chamber of Commerce Vice- President, who served on the Committee for two years. She listed the charges to the Committee, such as: Prepare a plan to: Achieve commercial diversity Increase social and cultural activity Improve traffic flow Increase parking and others Some of the working components: Market analysis; land use analysis; parking and traffic analysis; parking and traffic improvements; design and amenities analysis; promotional activities review; etc. 8 :12 P.M. Norma Bogen showed slides of the Center, which is subdivided into six blocks. She spoke of the tremendous growth of restaurants (10 at the present). She said that there has been a growth of office and retail uses and added that there is a strong retail market there. This brings people into the Center at lunchtime, many non-residents. She listed the findings of the CRC, some of them as follows: the Center is thriving and vital; good diversity, mix of use; greater use by non - residents; some traffic congestion; generally pleasant, but on the whole undistinguished; buildings non- descript; lacks amenities (no restrooms, few benches and bicycle racks); signs on buildings are of different types, colors, sizes; Emery Park has deteriorated - worn out grass and mud at certain times; promenade in the Center is the best feature; has a strong basis to become more attractive. Items needing attention: Parking; traffic congestion; undistinguished character; ugly back entrances; litter; lack of unity of storefronts, awnings, signs; few amenities; merchandising. 8 :24 P.M. Stephen Cripps explained that they have an agreement on a set of land use and development. He listed the Role of the Center: focal point;.employment and tax gains secondary;Retail services and office use; Amenities; Litter prevention; Adjoining Residential area; land use —Parking; Responsibility for parking; Commercial growth; Parking as land use. 8:27 P.M. Mary Hastings gave the Program Components: 1) Organization 2) Economic structure /land use 3) Access - Parking. She broke down each of these titles and gave a short explanation. 8 :31 P.M. Mrs. Battin finished by showing slides of both the good and bad features of the Center, explaining that this was a hasty overview. 8:33 P.M. Selectman Chairman, Paul W. Marshall said that the plan for the evening is to bring up the remaining Planning Board Articles and adjourn to April 28, 1986 for the Choate - Symmes article and then adjourn to May 7, 1986. . 8:34 P.M. All (Ad"ourno-d Session of the 1986 Annual Town Meetin -. 165 1986) Article 2. Erna S. Greene submitted a written report explainin the lateness (Cont.) of the Town Report for the y ear 1985. She added that if an wished to volunteer to work on the 1986 Town Report, the should submit their name immediatel and not wait until the end of the y ear. 8:36 P.M. Judith J. Uhri Chairman of the Plannin Board, explained that the report of the Plannin Board coverin Article 47 was on the back table and should be studied prior to the debate on this article on April 28, 1986. Mrs. Uhri added that a draft of the Comprehensive Plan and accompan letter (Housin Element of Comprehensive Plan) was also on the back table and should be studied. 8:38 P.M. Article 44. ZONING BY-LAW., DWELLING CONVERSION., CONGREGATE HOUSING Eleanor H. Klauminzer moved that the report of the Plannin Board coverin Article 44 be accepted and placed on file. Adopted unanimousl 8:43 P.M. Presented b Eleanor H. Klauminzer. (See MOTION: That the Zonin b be amended as set forth in the motion motion entitled "Motion for the Town Clerk" which is attached to as the Plannin Board's report on this proposed amendment. adopted 8:39 P.M. below.) Mrs. Klauminzer explained that the official motion under Article 44 as filed with the Town Clerk differed from the motion g iven to the Town Meetin Members, but onl that it did not have explanations etc. 8:39 P.M. Mrs. Klauminzer, after an explanation of the motion, said that the Plannin Board recommended favorable action on this motion. 8:45 P.M. Motion as presented b Mrs. Klauminzer declared adopted unanimousl 8:47 P.M. (Motion as attached to the Plannin Board Repo and as ado _t d: (As MOTION: That the Zonin B be amended as follows: adopted) Al) B deletin the existin section "5.4 APARTMENTS IN COMMERCIAL BUILDINGS" in its entiret and in Table 1, Use Re Schedule, b deletin line "1.4, Dwellin units on second or third floor of (Approved commercial structures (see subsection 5.4)" in its entiret and b Att insertin in place thereof the words: "1.4 (Reserved)" General Jul 23, A2) b insertin a new section 5.4, as follows: 1986) "5.4 CONVERSION OF DWELLING TO CONGREGATE LIVING FACILITY 5.4.1 OBJECTIVES The conversion of an existin dwellin to a con livin facilit is intended to: 1) encoura alternative livin arran ments for the town's elderl residents, 2) permit housin arran ments compatible in size and scale with one-famil and two-famil nei and 3) encoura in economic, ener use of the town's housin suppl while maintainin the appearance and character of the town's neighborhoods. r _ P (Adjourned Session of the 1986 Annual Town Meeting April 16, 1986) Article 44. (Motion as attached to the Planning Board Report and as (Cont.) (Cont.) 5.4.2 CONDITIONS AND REQUIREMENTS A dwelling may be converted to a congregate living facility (As provided that each of the following conditions and requirements adopted) is met: a. General 1. In the R0, RS and RT districts, there shall be not more than one converted dwelling on any one lot and there shall be accomodations for not more than 15 residents in the dwelling. The provisions of subsection 9.2.10 relative to equivalent density shall not apply in the R0, RS, and RT districts. A converted dwelling in an RM or RD district shall conform to the standards of that district. 2. The lot area shall be at least 10,000 square feet. 3. The net floor area of the dwelling, prior to the issuance of any building permit, shall be at least 2,000 square feet. 4. The dwelling shall be connected to the public water and sanitary sewer system. 5. No dwelling in an RS, R0, RT or RD district may be con- verted without the granting of a special permit by the Board of Appeals and no dwelling in an RM district may be converted without the issuance of a building permit by the building commissioner, and no dwelling in any district may be occupied as a congregate living facility without the issuance of a certificate of occupancy by the building commissioner. 6. This section shall not be used to create a long --term care facility, a multi- family dwelling or a rooming house. If the building commissioner has sufficient information to indicate that the converted dwelling is being used for other purposes not allowed in the zoning district or not allowed by the special permit or that sufficient support services are not being provided, the building commissioner shall notify the owner and, if within 90 days, the occupancy is not returned to conformity, the special permit and certificate of occupancy shall be suspended or revoked. b. Services and Facilities for Residents 1. Supportive services, such as nutrition, housekeeping, or social activities and access to other services, such as health care, recreation or transportation shall be provided. At least one meal per day shall be served to residents in a common dining room. 2. There shall be rooms and facilities that promote a shared living experience for residents including at least: a dining room, one living /common room suitable for social activities, space for outdoor activities and other rooms for other supportive services. 3. A service providing organization, with sufficient re- sources, responsible for the provision of the supportive services shall be identified. If the relationship between that organization and the facility is terminated, and if, within 90 days, another comparable service providing organization is not designated, the certificate of occupancy shall be suspended or revoked. The service providing organization shall employ a manager or coordinator, to direct the supportive services, and the manager or coordinator, or a designee, who shall not be a client of the congregate living facility, shall be on the site at least eight hours per day, seven days per week. 4. A resident may occupy a separate bedroom or a suite of rooms which may have one or more of the following: a) a private full or half bath, b) a kitchenette of a size and type suitable for preparation of light meals for one or two persons, but not larger, or c) a living room. 5. There shall be provided at least 150 square feet of usable open space, as described. in 9.3.7, for each resident. 6. The dwelling may not contain any dwelling unit (see definition) other than.that provided for the manager or coordinator. 4 6 (Act ' ourno-d Session of the 1986 Annual Torn Meeting - A . ril 16, 1986) Article 44. (Motion as attached to the Planning Board Report and as ado ted: (Cont.) (Cont.) c. Exterior Appearance of the Dwelling The dwelling to be converted shall be designed so that the appear- ance of the structure is that of a dwelling characteristic of the zoning district in which it is located, i.e. a detached one - family (As dwelling, if located in an RO, RS or RT district; a two - family adopted) dwelling if located in an RT district; or a multi - family dwelling if located in an RM or RD district, subject further to the following conditions and requirements: 1. Any stairway to a second or third story shall be enclosed within the exterior walls of the dwelling. There shall be no exterior fire escapes. 2. Any enlargement or addition to the dwelling shall main- tain the architectural character of a one - family dwelling, or in the RT district, a two- family dwelling. The architectural detailing and the exterior materials shall be those characteristic of a one - family neighborhood. The additional floor space created shall not be counted toward the requirement of minimum net floor area set forth in a 3 above. 3. Any new entrance shall be located on the side or rear of the dwelling. d. Off- Street Parking In order to maintain the appearance of a one - family neighborhood, all parking spaces shall be subject further to the following conditions and requirements: 1. Not more than two outdoor spaces shall be located in the front yard. All other parking spaces shall comply with the standards in section 11 for a parking lot (five or more spaces). Additional screening may be required to minimize the visual impact of parking on adjacent properties. 5.4.3 PROCEDURES a. A dwelling located in an RM district may be converted upon the issuance of a building permit. A dwelling located in an R0, RS, RT or RD district may be converted only upon the granting of a special permit by the Board of Appeals. Each application for a building permit or special permit shall be accompanied by: 1. A statement identifying the supportive services to be provided and the service providing organization who will provide them. 2. Floor plans of the dwelling drawn to scale showing the living spaces of the residents and the common facilities. 3. Where exterior changes are proposed, elevations, or other visual representations, of the facade to be changed sufficient to show the architectural character of the dwelling before and after the change.. 4. An off - street parking plan as described in 11.2.1. 5. A preliminary site development plan, as described in 3.6.1, except that a traffic analysis need not be submitted. b. Prior to the granting of a special permit or the issuance of a building permit, the SPGA, or the building commissioner, shall submit a copy of the application to the Human Services Committee and the Board of Health who shall be given a reasonable time period in which to make a recommendation on the application, c. Each building permit or special permit shall include a condition that the certificate of action is subject to suspension or revocation if the dwelling is no longer used as a congregate living facility or if the support services are no longer rendered. Each special permit shall be recorded in the Registry of Deeds." A3) In Table 1, Use Regulations Schedule, in line 1.5 by deleting the existing wording and inserting in place thereof: "Conversion of a dwelling to a congregate living facility (See 5.4)" and under the columns headed RO, RS, RT and RD the symbol: "SP" and under the columns headed RM the symbol "Yes" and the symbol "No" under all other columns. Adopted unanimously. 8:47 P.M.) (Adjourned Session of the 1986 Annual. Tern Meeting - April 16, 1986) 47 Article 45. ZONING BY -LAW, HEIGHT OF BUILDINGS Stephen B. Cripps moved that the report of the Planning Board on Article 45 be accepted and placed on file. Adopted unanimously. 8:48 P.M. Presented by Stephen B. Cripps. I (See MOTION: That the Zoning By -law be amended as set forth in the Pages motion entitled "Motion for the Town Clerk" which is attached to 48 -50 the Planning Board's report on this proposed amendment. for 8 :49 P.M. motion as Mr. Cripps explained that the official motion under Article 45 adopted) as filed with the Town Clerk differed from the motion given to the Town Meeting Members, but only that it did not have explanations etc. 8:49 P.M. After a short explanation, Mr. Cripps made the following motion to amend: (Amend. MOTION: That in Part A2c) of the main motion to strike out the adopted) proposed new second sentence and to insert in place thereof, the following: "Dormers may be constructed on those exterior walls provided they are structurally supported on the roof rafters and the length of the dormer(s) as measured between the lowest bearing points of the dormer(s) on the rafters of the sloping roof does not exceed 50 per cent of the length of the sloping roof to which it is attached. 8 :58 P.M. Mr. Cripps motion to amend was declared adopted by voice vote. 9 :02 P.M. Robert H. Domnitz moved to amend: (Amend. MOTION: That subsection 7.5.5 be replaced with the following adopted) subsection: 7.5.5 PARKING WITHIN BUILDING Where a building contains parking spaces, a parking level shall be counted as a story unless more than one -half of such level vertically is below the lower elevation as described in subsection 7.5.1A. 9:03 P.M. After Mr. Domnitz gave a short explanation, Stephen B. Cripps said that the Planning Board supported the amendment. 9 :08 P.M. Mr. Domnitz motion to amend was declared adopted by voice vote. 9 :08 P.M. Ephraim Weiss voiced concern about building heights and Frank Sandy said that this motion makes a simple definition more complicated and asked what was the purpose of all these major changes. Mr. Cripps answered that it further defines the way to measure and offers flexibility. He said that he feels that it is a good article. 9:13 P.M. ,. (Aajourn.ed Session of the 1986 Annual Town Meeting - April 16, 1986) Article 45. Margaret N. Brooke brought up the new Custance Building and the (Cont.) new building that is to replace Lexington Lumber, both on Bedford Street and the Lexington Square building in Lexington center. Mr. Cripps said that building heights would not change. 9:15 P.M. Joel A. Adler asked about an antenna. He said that it seems as if there would be a difference between a small or large .landowner. 9:16 P.M. Julian J. Bussgang voiced his concern in regards to dormers. 9:17 P.M. i Julian J. Bussgang served notice of reconsideration of Stephen B. Cripps amendment to the main motion. 9:18 P.M. Arthur C. Smith moved that article be referred back to the Planning Board. 9:26 P.M. Although many voiced approval of the motion to refer, Mr. Smith's motion to refer the article back to the Planning Board was declared lost by voice vote. 9:36 P.M. Voice vote on main motion, as amended by Mr. Cripps and Mr. Dom - nitz, was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 15 Nancy C. Gordon 3 2 8 Arthur C. Smith 6 i 3 16 Marilyn K. Mairson 1 4 13 Gale H. Nill 1 5 15 Julie F. Triessl 2 6 14 Alan J. Lazarus 0 7 10 Jacquelyn H. Ward 2 8 11 Roger F. Borghesani 6 9 13 Margaret E. Coppe 0 At Large 21 John R. Campbell 1 Total 136 22 More than the required two - thirds having voted in favor, the motion is adopted. 9:40 P.M. Alan J. Lazarus served notice of reconsideration of Article 45. 9:40 P.M. Article 45. (Motion as attached to the Planning Board Re ort and as amended (Cont.) and as adopted: MOTION: That the Zoning By -law be amended as follows: (As adopted) Al) In section 7.5, by deleting the word: ... "(Reserved) "... and by inserting in place thereof a new section 7. 5, as follows: (Approved by Atty. "7.5 HEIGHT OF BUILDINGS, STRUCTURES General July 23, 1986) 7.5.1 The maximum height of a building shall not exceed either the distance in feet or the number of stories, whichever is less, set forth in Table 2 for the district in which the building is located.. The maximum height of a building shall be the vertical distance between the lower elevation and the upper elevation, as described below. (Ad ourned Session of the 1985 Annual Town Meeting _ April 16, 1956} 4— Article 45. (Motion as attached to the Planning Board Report and as amended (Cont.) and as adopted: (Cont.) a. The lower elevation shall be: the natural grade of the land at the point of measurement prior to disturbance for construction. The elevation of the natural grade prior to disturbance for construction shall be certified by a registered land surveyor, or may be such elevation as the Building Commissioner may deter - mine from Town maps or records. An average natural grade may be used, which shall be determined by computing the average of the elevations of the natural grade of the four extreme corners of the building, or, in the case of a non - rectangular building, of such equivalent locations as the Building Commissioner may determine. In a case where the lower elevation, thus determined, is lower than the average of the elevations of adopted) the natural grades of the four extreme corners of the lot, the average of the elevations of the corners of the lot may be used. In a case where the finished grade is lower than the natural grade, the finished grade shall be the lower elevation. b. The upper elevation shall be: 1) in the case of a flat roof, the top of the highest roof beams; or 2) in.the case of a pitched, gable, hip, gambrel, or mansard roof, the horizontal plane that passes through the ceiling of the top story. Where the top story is not finished with a horizontal ceiling, the elevation seven feet above the floor of the top story shall be considered equivalent to the ceiling. 7.5.2 STRUCTURES OTHER THAN BUILDINGS: When located on the ground, the maximum height of structures, other than buildings, shall be the highest point on the structure and shall not exceed the maximum height for buildings as set forth in Table 2. Structures other than buildings, such as antennas, recreational apparatus, fences and the like may be located in required front, rear or side yard provided the height of the structure is not greater than its horizontal distance from the lot line, except that a fence or wall not greater than six feet in height may be located on, or closer to a lot line than six feet. Structures erected on a building and not used for human occupancy, such as chimneys, heating - ventilating or air conditioning equipment, solar or photovoltaic panels, elevator housings, antennas, skylights, cupolas, spires and the like may exceed the maximum height of a building provided no part of the structure is more than 20 feet higher than the upper elevation of the building and the total horizontal coverage of such structures on the building does not exceed 25 percent. The Board of Appeals may grant a special permit for structures, but not buildings, to exceed the maximum height, or the percentage of horizontal coverage of structures erected on a building, specified above provided it makes a determination that the structure is compatible with the scale of the neighborhood and does not intrude on the solar access of any adjoining lot. 7.5.3 AVERAGE HEIGHT OF BUILDING: Where a building has different elements, some higher than others, some elements may be higher than the maximum height if other elements are lower than the maximum height, provided the average height of the entire building does not exceed the permitted maximum height. The average height shall be computed by determining the height of the individual elements and computing an average proportionate to the building coverage of the various elements. Where a building is on .a sloping site or has some stories that do not extend for the full building coverage, the height of the several elements of the building may be calculated separately provided that neither the maximum height or the number of stories in any one element exceeds that permitted by Table 2. (A4joutn6d 86ssion of the 1986 Annual Town Meeting - April 16, 1986) Article 45. (Motion as attached to the Planning Board Report and as amended (Cont.) and as adopted: (Cont.) 7.5.4 STRUCTURES BELOW GROUND: Where the upper elevation of a structure or building is below the elevation of the natural grade, and such structure is covered by earth to a depth sufficient to support vegetation, such structure may be located within a required front, side or rear yard, but no closer than five feet to a lot line. Open grates or small ventilation shafts servicing the part of the structure below ground may be located in the required yard. 7.5.5 PARKING WITHIN BUILDING: Where a building contains parking spaces, a parking level shall be counted as a story unless more than one -half of such level vertically is below the lower eleva- _........... (As Lion as described in subsection 7.5.1A. adopted) A2) In Section 2, DEFINITIONS, a) by deleting the definition "BUILDING HEIGHT" in its entirety; b) in the definition "STORY ", by striking out the existing definition and inserting in place thereof the following: "STORY: That portion of a building contained between any floor and the floor or roof next above it, but not including either a cellar or the uppermost portion so contained if under a sloping roof and not accessible, by an approved stairway, or not designed or intended to be used for human occupancy. ", and c) in the definition "STORY, HALF": by adding a new second sentence, as follows: "Dormers may be constructed on those exterior walls provided they are structurally supported on the roof rafters and the length of the dormer(s) as measured between the lowest bearing points of the dormer(s) on the rafters of the sloping roof does not exceed 50 per cent of the length of the sloping roof to which it is attached. so that the definition as amended will read: 3 "STORY, HALF: A story directly under a sloping roof in which the points of intersection of the bottom of the rafters and the interior faces of the walls are less than three feet above the floor level on at least two exterior walls. Dormers may be constructed on those exterior walls provided they are structurally supported on the roof rafters and the length of the dormer(s) as measured between the lowest bearing points of the dormer(s) on the rafters of the sloping roof does not exceed 50 per cent of the length of the sloping roof to which it is attached. d) in the definition "STRUCTURE" by deleting the second sentence which reads: ... "However, this definition does not include a boundary wall or fence less than six feet above the mean finished grade of the adjoining ground."...; so that the definition as amended will read: "STRUCTURE: Anything constructed or erected, the use of which requires a fixed location on the ground, or attachment to something located on the ground, including buildings, mobile homes, billboards, tanks, or the like, or the parts thereof, and swimming pools." A3) In Section 7, DIMENSIONAL CONTROLS, by deleting sections: "7.4.6 Height Limitation Exceptions", and "7.8 Civil Defense Shelters ", in their entirety, and by inserting in place thereof "7.4.6 (Reserved)" and "7.8 (Reserved) A4) In Table 2, SCHEDULE OF DIMENSIONAL CONTROLS, in the line Maxi- mum height, Other buildings, Stories by deleting the number where it appears in the columns headed CN AND CG so that in those districts a 2 story building would be allowed but a 2 story building would not be allowed. In Favor: 136 Opposed: 22 More than the required two- thirds having voted in favor, the main motion, as amended, was declared adopted. 9:40 P.M.) (Ad °ourned Session of the 1986 An - 9 51 6 nual Town Meeting April 16, 19$6} Article 46. ZONING BY -LAW, SATELLITE RECEIVING ANTENNAS Stephen B. Cripps moved that the Planning Board Report on Article 46 be accepted and placed on file. Adopted unanimously. 9:40 P.M. Presented by Stephen B. Cripps. (See MOTION: That the Zoning By -law be amended as set forth in the below motion entitled "Motion for the Town Clerk " which is attached to the for Planning Board's report on this proposed amendment. adopted 9:40 P.M. motion) Mr. Cripps explained that the official motion under Article 46 as filed with the Town Clerk differed from the motion given to the Town Meeting Members, but only that it did not have explanations etc. 9:40 P.M. Mr. Cripps said that the Planning Board recommended approval of Article 46. 9:43 P.M. (Amend. Florence E. Connor moved that under 5.7.2 SATELLITE RECEIVING ANTENNA adopted) the words "or side yard" be removed in 5.7.2a and the words "or side " be removed in 5.7.2b1. 9:50 P.M. Robert A. Bowyer, Planning Director, gave a definition of side yard in answer to the confusion that had arisen over this definition. 9 :57 P.M. Mrs. Connor's motion to amend was declared adopted by voice vote. 10 P.M. Voice vote on main motion, as amended, was not unanimous, so a standing vote was taken as follows: Precinct In Favor Tellers Abstained Opposed 1 15 Nancy C. Gordon 2 2 8 Arthur C. Smith 5 3 17 Marilyn K. Mairson 0 4 13 Gale H. Nill 1 0 5 17 Julie F. Triessl 2 0 6 14 Alan J. Lazarus 0 7 12 Jacquelyn H. Ward 0 8 16 Roger F. Borghesani 0 9 13 Margaret E. Coppe 0 At Large 22 John R. Campbell 1 Total 147 3 g More than the required two - thirds having voted in favor, the main motion as presented by Mr. Cripps and amended by Mrs. Connor, was declared adopted. 10:03 P.M. (Motion as attached to the Planning Board Report and as amended (As and as ado ted: adopted) (Approved MOTION: That the Zoning By -Law be amended as follows: by Atty. Al) In section 5.7 by: 1) deleting the subtitles "5.7.1 PROTECTIVE General CONDITIONS" and "5.7.2 CONSERVATION COMMISSION ORDERS "; 2) re- July 23, designating the number, and removing the underlining, of the sub - 1986) title "5.7 SWIMMING POOLS AND RACQUET COURTS " to be "5.7.1" ) .and. 3 inserting a new subtitle " 5.7 AC,C.KS;SORY STRUCTU " above the newly designated subtitle 5.7.1. µ (Adjourned Session of the 1986 Annual Town Meeting April 16, 1986) Article 46. (Motion as attached to the Planning Board Report and as amended (Cont.) and as ado ted: (Cont.) A2) by inserting a new section: (As adopted) "5.7.2 SATELLITE RECEIVING ANTENNA a. A satellite receiving antenna is a device or instrument for the reception of television or other electronic communications broadcast or relayed from a satellite orbiting the earth. A satellite receiving antenna may not be erected in a residential district unless it is accessory to a residential or institutional use and it is located in a rear yard. r b. A satellite receiving antenna may be erected after the issuance of a building permit provided the following conditions are met: 1) The antenna is located in a rear yard but not within the required minimum set back set forth in Table 2. 2) The antenna shall be permanently secured to the ground. No antenna shall be installed on a building or on a portable or movable structure, such as a trailer. 3) Size: No antenna shall exceed an overall diameter of 12 feet or a height of 15 feet above the natural grade when measured to its uppermost point when in an up- right position. 4) Screening: The base of the antenna shall be screened from view from any abutting lot or from the street by an opaque fence, at least six feet high, or by planting providing comparable screening and opacity. 5) Appearance: The antenna shall be of a non- reflecting and inconspicuous color and compatible with the appearance and character of its surroundings. No advertising material shall be permitted. 6) The antenna shall not be used for commercial purposes." In Favor: 147 Opposed: 8 More than the required two - thirds having voted in favor, the < main motion as presented by Mr. Cripps and amended by Mrs. Connor was declared adopted. 10 :03 P.M.) Article 47. AMEND ZONING BYLAW, WALTHAM STREET, RO to RD (Tabled on April 2, 1986. See Pages 1, 53 -61) Article 48. AMEND ZONING BY --LAW, LOWELL STREET, RO to CD (See Pages 27, 28) Article 49. AMEND ZONING BY -LAW, WALTHAM STREET RO to RD Judith J. Uhrig, Chairman of the Planning Board, at the request of the proponent, moved that Article 49 be indefinitely postponed. Adopted unanimously. 10:04 P.M. Article 50. AMEND ZONING BY -LAW, WORTHEN ROAD RS to CD Lincoln P. Cole, Jr., Moderator, said that he had received a letter from Grace Chapel requesting that this article be withdrawn. Paul W. Marshall moved that Article 50 be indefinitely postponed. Adopted unanimously. 10 :05 P.M. Paul W. Marshall moved that this meeting be adjourned to Monday, April 28, 1986 at 8 P.M. in Cary Memorial Hall. This motion adopted unanimously. 10:05 P.M. A true copy. Attest: i Article 51. See Page 72. Mary McDonough, Town Cl rk Y � A 3 DJOURNED SESSION OF THE 1986 ANNUAL TOWN MEETING APRIL 28, 1986 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall. There were 182 Town Meeting Members present. Invocation was offered by Arthur Kolsti, Pastor of the Pilgrim Congregational Church. 8 :01 P.M. Article 2. REPORTS OF TOWN OFFICERS, BOARDS, COMMITTEES Judith J. Uhrig moved that the 1986 Planning Board Report on: Subsidized Housing (1979 Town Meeting Resolution) and Affordable Housing be accepted and placed on file. Adopted by voice vote. 8:10 P.M. In response to a question by Fred D. Rosenberg, Paul W. Marshall, Chairman of the Board of Selectmen, said that there is a requirement that the Selectmen make a report on housing and that this will be done before the dissolution of this meeting. 8:10 P.M. Paul Newman, School Committee Member, filed the final report of the School Needs Evaluation and the Executive Summary of same. Mr. Newman informed the meeting that there would be a bus tour of the school buildings on Sunday, May 4, 1986, schedule on the back table in the hall. 8:13 P.M. Judith J. Uhrig moved that Article 47 be taken from the table. (See Page 1) Adopted by voice vote. 8:13 P.M. Article 47. AMEND ZONING BY -LAW, WALTHAM- STREET, RO to RD (Written notice filed by William J. Dailey, Jr. that he would abstain from discussion and voting on this article due to a conflict of interest.) Presented by Eric T. Clarke. MOTION: That the Zoning By -Law of the Town be amended by changing the (See zoning district designation of the land on the easterly side of Pages Waltham Street abutting the Waltham /Lexington town line, containing 60 -61 28.89 acres of land, more or less, as more fully described in Schedule for A, attached hereto (the "Site "), from R0, One Family Residential, adopted to RD, Planned Residential Development, as herein specified, all in motion) accordance with a preliminary site development and use plan dated April 18, 1986, and filed with the Town Clerk and the Planning Board, and that not more than 0.5 acres of land within the Site, as shown on said preliminary site development and use plan, is authorized to be used for off - street parking for the office buildings of Haynes Management, Inc. at 1020 -1050 Waltham Street, provided that such parking spaces are not to be credited toward any expansion of those office buildings and that such uses are subject to Special Permit with Site Plan Review approval pursuant to Section 8.3 of the By -Law. SCHEDULE A LAND TO BE REZONED A certain parcel of land, located in the southerly part of the Town of Lexington, bounded and described as follows: (Adjourned Session of the 1986 Annual Town Meeting April 28 1986) Article 47. Beginning at a point on the easterly line of Waltham Street: (Cont.) NORTHERLY by land now or formerly of Gardencrest Inc., and land now or formerly of the Town of Lexington, as shown on a plan hereinafter mentioned, on four (4) lines, comprising in the aggregate a total of 1871.97 feet; EASTERLY by land now or formerly of the Town of Lexington, and land now or formerly of the County of Middlesex, as shown on said plan, on two (2) lines, comprising in the aggregate a total of 1,700.20 feet; SOUTHERLY by land now or formerly of the County of Middlesex, as shown on said plan, on one (1) line, comprising 235.46 feet; SOUTHERLY by the town line separating the Town of Lexington and the City of Waltham, as shown on said plan, on one (1) line, comprising 549.47 feet; WESTERLY by land now or formerly of G. Arnold Haynes, Inc., as shown on said plan, on one (1) line, comprising 889.53 feet; SOUTHERLY by land now or formerly of G. Arnold Haynes, Inc., as shown on said plan, on one (1) line, comprising 166.10 feet; WESTERLY by the easterly line of Waltham Street, as shown on said plan, on one (1) line, comprising 110 feet. Containing 28.89 acres, more or less, and being shown on a plan entitled "Plan of Land in Lexington, Mass., To Be Rezoned" dated December 13,.1985, prepared for Choate - Symmes Life Care, Inc. by BSC- Bedford, 18 North Road, Bedford, Mass., Donald J. Forand, Professional Land Surveyor. 8:18 P.M. Fred C. Bailey, resident of Lexington and a Trustee of Choate- Symmes Life Care, Inc., gave a recap of the proposal. He said that the community shall consist of three functional elements in- cluding residential living units, health care facilities, and community spaces. Residents joining the community will pay an entrance fee. This entrance fee will be 90% refundable to the individual or his /her estate when he /she leaves the facility. There will also be monthly maintenance fees. Choate- Symmes Life Care, Inc., shall enter into an. agreement with the Town of Lex- ington to make a payment in lieu of real estate taxes of $175,000 in the first year of operation. A payment will be made each year thereafter with the amount adjusted proportionally to the change in the real estate tax rate. 8:50 P.M. (Planning Judith J. Uhrig moved that the report of the Planning Board Board on Article 47 be accepted and placed on file. 8:50 P.M. Report) Mrs. Uhrig said that a majority of the Planning Board recommends approval of this article. They feel that this is a suitable location, convenient to shopping and not suitable for single family housing. The facility is large but the tract of land is also large. 8:52 P.M. Mrs. Uhrig's motion that the report of the Planning Board on Article 47 be accepted and placed on file was adopted by voice vote. 8:53 P.M. John C. Eddison said that the Board of Selectmen, with William J. Dailey, Jr. abstaining, unanimously supported this article. He said that open land in this town is decreasing. He added that the South Lexington Civic Association has raised the questions of density and affordability and that he understands that they will move to amend the motion by delaying this proposal for one year. Mr. Eddison spoke in opposition to this delay. 9:07 P.M. (Adjourned Session of the 1986 Annual Town Meetin April 55 28, 1986) Article 47. The followin residentu were reco (Cont.) In Favor: Sheila Clemon-Karp F. David Wells as a member of the Board of Dana Home Ann Groves, Carol Hess, William Scott. Opposed: Alan B. Wade and Malcolm Kasparian. Carol J. Grodzins, James E. Barr and Maril Mairson all spoke in opposition. Mrs. Mairson read a letter from a resident of Barberr Road opposin this article and su a moratorium on buildin in the South Lexin area. 9:45 P.M. At the re of Eric T. Clarke, Thomas Huebner, Chairman and Executive Vice President of the Choate-S Life Care, Inc. was reco and explained that the had approached the Dana Home Board last Januar and would like to mer with them, but the Board would like to take a little time to stud this move. 9:50 P.M. Walter N. Leutz said that Life Care works and added that lon term care is expensive. He ur support. 9:52 P.M. Julian J. Buss moved that the motion under Article 47 be amended b addin at the end the words: (Amend. "provided however that the "Special Conditions: Ho usin g " section adopted) of the Preliminar Site Development and Use Plan be amended to re this development to be maintained as a not-for-profit retirement communit 9:53 P.M. Thomas Huebner stated that he had no ob to this amendment as the intend to run this as a non-profit corporation. In response to a q uestion raised b Mar K. Madoff, Mr. Huebner stated that over time, with inflation, fees will probabl increase. 9:57 P.M. Mr. Buss g an g 's.motion to amend Article 47 was declared adopted unanimousl 9:57 P.M. Paul Riffin spoke in support of the article. 10:13 P.M. Paul W. Marshall, Chairman of the Board of Selectmen, said that if the meetin votes a this article, the area propert will be out of our control. It is not a rich man's kin He added that the Dana Home is not meetin the same thin as Choate-S Life Care and he encoura the meetin to vote for the article. 10:18 P.M. Marian C. Reill read a letter from Mr. and Mrs. Charles Ricci, part owners of the propert who disapproved of the densit 10:19 P.M. (Amend. Jac B. Davison moved that Article 47 be referred to the Lost) Plannin Board for further consideration and report back to a fall Town Meetin or to the next Annual Town Meetin whichever comes first. 10:20 P.M. Mrs. Davison voiced the opposition of the South Lexin residents to this proposal and explained that this is a lar massive buildin that would be constructed. She ur support of the motion to refer. 10:24 P.M. Gloria V. Holland and Louise V. T. Kava supported the motion to refer. Judith J. Uhri said that the Plannin Board ur defeat of referral and said that the Board had studied this proposal for over a y ear. 10:27 P.M. Mr. Huebner said that Choate-S opposed the amendment to refer as the have tried take care of an ob as the were presented. 10:29 P.M. Iris G. Wheaton spoke in favor of the proposal. 10:32 P.M. Mrs. Davison's motion to refer was declared lost b voice vote. 10:33 P.M. (Adjourned Sesson of the 1986 Annual Tow. Meeting April 28, 1986) Article 47. James Cataldo moved ptev ._ques voice vote was doubted so a (Cont.) standing vote was taken as follows: Precinct In Favor Tellers Abstain Opposed 1 16 Nancy C. Gordon 2 2 14 Arthur C. Smith 1 3 6 Marilyn K. Mairson 13 4 10 Gale H. Nill 5 5 14 Julie F. Triessl 4 6 9 Alan J. Lazarus 10 7 11 Jacquelyn H. Ward 4 8 11 Roger F. Borghesani 1 9 8 Margaret E. Coppe 1 8 At Large 22 George A. Burnell 0 Totals 121 1 48 Previous question prevailed. 10:37 P.M. William W. Welch, Jr. asked that the vote, when taken, on the main motion, as amended, be taken by a call of the roll. As more than the required fifty members stood in favor of a roll call vote, the Moderator stated that the vote, when taken, would be taken by a call of the roll. 10:39 P.M. The roll call vote on the main motion as presented by Eric T. Clarke and amended by Julian J. Bussgang was taken by the Town Clerk, Mary R. McDonough, starting at 10:42 P.M. and completed at 10 :47 P.M. The final tally was completed at 10:52 P.M. and announced by the Moderator at 10:57 P.M. (See final results below) Carol J. Grodzins asked that the Resolution adopted at the 1976 Town Meeting for the Town Meeting Members be read to the meeting and the Moderator read the following: Resolved that Town Meeting Members abstain from voting in any particular matter in which to his knowledge, he, his immediate family or partner, a business organization in which he is serving as officer, director, trustee, partner or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has any economic interest in the particular matter under consideration. 10 :53 P.M. ROLL CALL VOTE ON MAIN MOTION, AS AMENDED, UNDER ARTICLE 47 PRECINCT ONE YES NO ABSTAINED ABSENT. Joel A. Adler x Nancy M. Adler x James E. Barry x Lois J. Barry x David A. Bell x Francis V. Busa x * James Cataldo x Chang Chih Chao x Nancy C. Gordon x Frederick H. Hagedorn x Patricia K. Hagedorn x Ronald Levy x John W. Maloney x William H. McAlduff, Jr. x Barry E. Sampson x Edward P. Shannon x James M. Shaw x James S. Wilson x Albert P. Zabin x Judith L. Zabin x TOTALS 15 3 0 3 *James A. Cataldo x (Adjourned Session of the 1986 Annual Town Meeti'n - Apri1 28, 1986) 5 _ Article 47. ROLL CALL VOTE ON MAIN MOTION, AS AMENDED, UNDER ARTICLE 47 (CONT.) (Cont.) PRECINCT TWO YES NO ABSTAINED ABSENT Elizabeth H. Clarke x Eric T. Clarke x Karen A. Dooks x Leonora K. Feeney x Casimir R. Groblewski x Marita B. Hartshorn x Jeff Licht x Daniel A. Lucas x Lillian T. MacArthur x Barry H. Marshall x Michael J. O'Sullivan x Vicky L. Schwartz x Arthur C. Smith x John J. Walsh x Christina J. Welch x William W. Welch, Jr. x William S. Widnall x Lynda A. Wik x Alan B. Wilson x Carolyn C. Wilson x Donald D. Wilson x TOTALS 18 1 0 2 PRECINCT THREE YES NO ABSTAINED ABSENT Joy C. Buchf firer x John P. Carroll x Jacqueline B. Davison x Suanne C. Dillman x Jean Gaudet x Erna S. Greene x Carol J. Grodzins x Gloria V. Holland x Donna M. Hooper x Marjorie K. Madoff x Marilyn K. Mairson x John J. McWeeney x Mary Edna Neumeier x James P. Reilly x Marian C. Reilly x Paul V. Riffin x Robert I. Rotberg x Francis W. K. Smith x Richard W. Souza x Kathrine M. Whyte x Robert C. Whyte x TOTALS 10 10 0 1 PRECINCT FOUR YES NO ABSTAINED ABSENT Gerald L. Abegg x Nyles Nathan Barnert x Julian J. Bussgang x Stephen B. Cripps x Dan H. Fenn, Jr. x Angela E. Frick x Frederick C. Frick x Katherine G. Fricker x Donald R. Giller x Martin A. Gilman x Georgia S. Glick x Peter C. J. Kelley x Patricia W. McLaughlin x Gale H. Nill x Richard F. Perry x Margaret F. Rawls x Sandra J. Shaw x (Adfourf.od Session of the 1986 Annual Town. Meeting -- April 28 1986) Article 47. ROLL CALL VOTE ON MAIN MOTION, AS AMENDED, UNDER ARTICLE 47 (CONT.). (Cont.) PRECINCT FOUR (Cont.) YES NO ABSTAINED ABSENT Karsten Sorensen x Ruth S. Thomas x Judith J. Uhrig x Martin K. White x TOTALS 16 4 0 1 PRECINCT FIVE YES NO ABSTAINED ABSENT Florence A. Baturin x Cynthia L.B.lumsack x Howard Cravis x Wallace Cupp x Marshall J. Derby x Guy W. Doran x Jonathan P. Doran x Elaine Dratch x William M. Fraser x Paul E. Hamburger x John Hayward x Leona W. Martin x Eric Jay Michelson x Stephen W. Miller x Paul Newman x Doran M. Semonian x Sam Silverman x Patricia A. Swanson x Julie F. Triessl x Ephraim Weiss x David G. Williams x TOTALS 12 8 0 1 PRECINCT SIX YES NO ABSTAINED ABSENT Margaret N. Brooke x Levi G. Burnell x Shepard Anthony Clough x Robert H. Domnitz x Thomas E. Fortmann x Michael W. Golay x Edmund C. Grant x Elizabeth C. Haines x Florence Koplow x Alan J. Lazarus x Judith B. Marshall x Joyce A. Miller x Ruth Joyce Nablo x Sam V. Nablo x Setha G. Olson x Edith Sandy x Frank Sandy x Susan S. Solomon x William T. Spencer x Lisabeth M. White x John S. Willson x TOTALS 14 6 0 1 PRECINCT SEVEN YES NO ABSTAINED ABSENT Esther S. Arlan x Elizabeth M. Barabush x George A. Burnell x John R. Campbell x Sally T. Castleman x Renee T. Cochin x Stan N. Finkelstein x i r, 9 (Adjourned Session of the 1986 Annual Town Meeting - April 28, 1986) Article 47. ROLL CALL VOTE ON MAIN MOTION, AS AMENDED, UNDER ARTICLE 47 (CONT.) (Cont.) PRECINCT SEVEN (Cont.) YES NO ABSTAINED ABSENT Winifred L. L. Friedman x Lloyd Gilson x Clarice B. Gordon x Marvin H. Greenberg x Marthur H. Kalil x Walter N. Leutz x William J. Scouler x I John E. Taylor x Jacquelyn H. Ward x John E. Ward x Iris G. Wheaton x Robert V. Whitman x Richard B. Wolk x Martha C. Wood x TOTALS 17 2 0 2 PRECINCT EIGHT YES NO ABSTAINED ABSENT Donald L. Bailey x Margery M. Battin x Richard H. Battin x Roger F. Borghesani x Florence E. Connor x William P. Fitzgerald x Ione D. Garing x Benjamin H. Golini x Gerald A. Heggie x Sharon MacDonald x Anthony L. Mancini x A. Patricia McCabe x James M. McLaughlin x Richard A. Michelson x Gordon R. Osgood x Susan G. Plumb x Jack Sarmanian x Sheldon A. Spector x Carolyn H. Tiffany x Stanley E. Toye x Christopher B. Williams x TOTALS 15 4 0 2 PRECINCT NINE YES NO ABSTAINED ABSENT .Alice J. Adler x Brian Michael Adley x Kenneth 0. Alves x Diane C. Aronson x Gordon E. Barnes, Jr. x Jacqueline P. Bateson x Jane P. Buckley x L. Gail Colwell x Ronald W. Colwell x Margaret E. Coppe x Daniel Friedlander x Neil. Gray x Deborah B. Green x Louise V. T. Kava x William P. Kennedy x Eleanor H. Klauminzer x Paul E. Mazerall x Janet Perry x Richard M. Perry x Fred D. Rosenberg x James J. Scanlon x TOTALS 11 7 1 2 6' (Adj ouriAed Session of the 1986 Annual Town Meeting - A ri1 28, 1986) Article 47. ROLL CALL VOTE ON MAIN MOTION, AS AMENDED, UNDER ARTICLE 47 (CONT.) (Cont.) TOWN MEETING MEMBERS AT LARGE YES NO ABSTAINED ABSENT Norman P. Cohen x Lincoln P. Cole, Jr. x William J. Dailey, Jr. x Stephen W. Doran x John C. Eddison x Paul W. Marshall x Mary R. McDonough x Leo P. McSweeney x Jacquelyn R. Smith x TOTALS 7 0 1 1 TOTAL TALLY OF ROLL CALL VOTE PRECINCT YES NO ABSTAINED ABSENT TOTALS 1 15 3 0 3 21 2 18 1 0 2 21 3 10 10 0 1 21 4 16 4 0 1 21 5 12 8 0 1 21 6 14 6 0 l 21 7 17 2 0 2 21 8 15 4 0 2 21 9 11 7 1 2 21 At Large 7 0 l 1 9 TOTALS 135 45 2 16 198 More than the required two- thirds having voted in favor, the main motion, as amended, was declared adopted. 10 :57 P.M. (MAIN MOTION AS PRESENTED BY ERIC T. CLARKE, AND AS AMENDED BY JULIAN J. BUSSGANG, AND AS ADOPTED: (As MOTION: That the Zoning By-Law of the Town be amended by changing the zoning adopted) district designation of the land on the easterly side of Waltham Street abutting the Waltham /Lexington town line, containing 28.89 acres of land, more or less, as more fully described in Schedule A, attached hereto (the (Approved "Site "), from R0, One Family Residential, to RD, Planned Residential by Arty. General Development, as herein specified, all in accordance with a preliminary site July 23, development and use plan dated April 18, 1986, and filed with the Town Clerk 1986) and the Planning Board, and that not more than 0.5 acres of land within the Site, as shown on said preliminary site development and use plan, is author - ized to be used for off - street parking for the office buildings of Haynes Management, Inc. at 1020-1050 Waltham Street, provided that such parking spaces are not to be credited toward any expansion of those office buildings and that such uses are subject to Special Permit with Site Plan Review approval pursuant to Section 8.3 of the By -Law. SCHEDULE A LAND TO BE REZONED A certain parcel of land, located in the southerly part of the Town of Lexington, bounded and described as follows: Beginning at a point on the easterly line of Waltham Street: NORTHERLY by land now or formerly of Gardencrest Inc., and land now or formerly of the Town of Lexington, as shown on a plan hereinafter mentioned, on four (4) lines, comprising in the aggregate a total of 1871.97 feet; EASTERLY by land now or formerly of the Town of Lexington, and land now or formerly of the County of Middlesex, as shown on said plan, on two (2) lines, comprising in the aggregate a total of 1,700.20 feet; (AL—ou—rned Session of the 1986 Annual Town Meetin _April 28, 1986) 61 Article 47. (MAIN MOTION AS PRESENTED BY ERIC T. CLARKE., As AMENDED BY JULIAN (Cont.) J. BUSSGANG AND AS ADOPTED: (Cont.) SOUTHERLY b land now or formerl of the Count of Middlesex, as shown on said plan, on one (1) line, comprisin 235.46 feet SOUTHERLY b the town line separatin the Town of Lexin and the Cit of Waltham, as shown on said plan, on one (1) line, comprisin 549.47 feet WESTERLY b land now or formerl of G. Arnold Ha Inc., as shown on said plan, on one (1) line, comprisin 889.53 feet SOUTHERLY b land now or formerl of G. Arnold Ha as shown on said plan, on one (1) line, comprisin 166.10 feet WESTERLY b the easterl line of Waltham Street, as shown on said plan, on one (1) line, comprisin 110 feet. Containin 28.89 acres, more or less, and bein shown on a plan entitled "Plan of Land in Lexin Mass., To Be Rezoned" dated December 13, 1985, prepared for Choate-S Life Care, Inc. b BSC-Bedford, 18 North Road,. Bedford, Mass., Donald J. Forand, Professional Land Surve however that the "Special Conditions: Housi section of the Preliminar Site Development and Use Plan be amended to re this development to be main- tained as a not-for-profit retirement communit In Favor: 135 Opposed: 45 (See Pa 60) More than the re two-thirds havin voted in favor, the main motion, as amended, was declared adopted. 10:57 P.M.) Article 2. REPORTS OF TOWN OFFICERS, BOARDS, COMMITTEES Michael J. O'Sullivan, Chairman of the Appropriation Committee, announced that Richard M. Perr Comptroller, was sittin for the last time as an Ex-Officio member of the Appropriation Committee as he would be retirin on April 30, 1986. He spoke of the twent y ears that Mr. Perr had worked for the Town of Lexin and of the contributions that he had made in that time. After this tribute and the fact that he would be sorel missed, Mr. Perr was g iven a standin ovation b the meetin Mr. O'Sullivan added that Mr. Perr would still be attendin the. meetin but as an elected Town Meetin Member from Precinct Nine, 10:58 P.M. Paul W. Marshall moved that this meetin be adjourned to Wednesda Ma 7, 1986 at 8 P.M. in Car Memorial Hall. This motion was declared adopted at 10:59 P.M. A true cop Attest: x, Mar R. McDonou Town Clerk Article 51. See Pa 72. . ........... . ADJOURNED SESSION OF THE 1986 ANNUAL TOWN MEETING HELD MAY 7 1 986 The meeting was called to order at 8 P.M. in Cary Memorial Hall by the Moderator, Lincoln P. Cole, Jr. There were 176 Town Meeting Members present. Invocation offered by Rabbi Abraham Perelmuter, Chabad Center. 8 :02 P.M. Jacqueline B. Davison, Chairman of the Town Meeting Members Association, said that the TMMA wished to honor Mary R. McDonough, Town Clerk, on her retirement after forty -five years of service to the town. On behalf of the TMMA the following gifts were presented: the town clerk's table, with maroon skirt attached; corsage (Karen A. Dooks); gavel made by Cornelius P. Cronin (Arthur C. Smith); pass for a year on LEXPRESS (Sally T. Castleman). 8:11 P.M. State Representative Stephen W. Doran read a resolution from the House of Representatives and also presented one from Michael S. Dukakis, Governor. 8:16 P.M. Paul W. Marshall, Chairman of the Board of Selectmen, read the following: RESOLUTION WHEREAS the Town of Lexington is losing the services of its outstanding Town Clerk, Mary McDonough, after approximately forty -five years of out- standing service with the Town, and WHEREAS we, the Board of Selectmen, on behalf of all citizens of the Town want to acknowledge that outstanding service, and WHEREAS the Board wants to especially acknowledge the competence, integrity and non- partisan approach to her duties, and WHEREAS she has consistently run a model operation during periods of tremendous change and fiscal constraint, and WHEREAS she has been unfailingly helpful to citizens seeking guidance on Town administration, voter registration and procedures relating to elections and public service, and WHEREAS she has an outstanding sense of humor and a warm friendly smile that has brought understanding to all around her, and WHEREAS this is the last Town Meeting that she will serve as Town Clerk, NOW THEREFORE, we, the Board of Selectmen, on behalf of the community say: "Thank you, well done, to Mary McDonough, an outstanding public servant." LEXINGTON BOARD OF SELECTMEN Paul W. Marshall John C. Eddison William J. Dailey, Jr. Jacquelyn R. Smith Leo P. McSweeney 8:17 P.M. Michael J. O'Sullivan, Chairman of the Appropriation Committee, said that "eleven years ago, 1975 to be exact., the Appropriation Committee filed under Article 2, - a report that was computer generated and expressed the sentiment of the committee, then. Perhaps, some of you remember, it was a computer banner listing that stretched from one end of this stage to the other. It said: " 1775 - 1975 ... WE ARE ALL HEART! " Since then, Mary McDonough has accused both,the Appropriation Committee and that listing as being the chief culprit in exhausting the file storage area for Article 2 reports in the Town Clerk's office. Tonight, the Appro- priation Committee wants to impact again that storage facility with another computer generated report, while Mary is still Town Clerk. However, a lot has happened with technology in eleven years,... the 256K- chip memory module, ... in general things are smaller, faster and less costlier. Therefore, we are now filing under Article 2, another computer generated report - that has diminished greatly in size from the 1975 report; but has increased significantly in sentiment. It reads: " 1942 - 1986 ... Mary R. McDonough ... YOU ARE ALL HEART! "." 8:20 P.M. Moderator, Lincoln P. Cole, Jr. said that he and the Town Clerk made a "great team" and he had not worked with any other. 8:21 P.M. Adjourned Session of the 1986 Annual Town Meeting - May 7, 1986) 63 Article 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES James M. McLaughlin gave an oral report of the Lexington Housing Authority. He added that the Commissioners wanted to thank the town meeting for giving the house on Bedford Street to the authority. 8:25 P. M. Alan J. Lazarus moved that the report of the Hazardous Substance System Review Committee be accepted and placed on file. Adopted unanimously. 8:27 P.M. Joyce Miller moved that the report of the Conservation Commission be accepted and placed on file. Adopted unanimously. 8:31 P.M. Paul W. Marshall moved that the Board of Selectmen's report on Fair Housing Resolution be accepted and placed on file. Adopted unanimously. 8 :32 P.M. Sam V. Nablo moved that the report of the Recreation Committee be accepted and placed on file. 8:32 P.M. Mr. Nablo asked that Recreation Director, Joan Halverson be recognized. Miss Halverson gave an explanation of the report with the aid of slides showing some of the gifts received. 8:36 P.M. Report of Recreation Committee was unanimously accepted and placed on file. 8:37 P.M. i John C. Eddison moved that the report under Article 2 on Volunteer Appreciation be accepted and placed on file. Adopted unanimously. 8:40 P.M. The Moderator stated that Article 2 would remain open throughout the meeting. Paul W. Marshall moved that Article 35 be taken off the table. (See Page 25) Adopted unanimously. 8:40 P.M. Article 35. BUILDING MAINTENANCE Presented by Paul Newman. MOTION: (a) That $12,220,000 is appropriated for remodeling, re- constructing and making extraordinary repairs to school buildings, (See including the school administration building, for constructing, Page originally equipping and furnishing additions to school buildings and 71 for for school department equipment; that to meet this appropriation ro riation the motion Treasurer with the approval of the Selectmen is authorized to borrow as $12,220,000 under Chapter 645 of the Acts of 1948 as amended or adopted) under G.L. c. 44, s. 7 as amended; and that the Permanent Building Committee is authorized to take all action necessary to carry out this project. (b) That $300,000 is appropriated for remodeling, reconstructing and making extraordinary repairs to the Bridge School and that to raise this amount $300,000 shall be transferred from the Insurance Reimbursement Account. 8:42 P.M. 64 (Ad Sess of the 1986 Annual Town Meetin . ... ... . _ - Ma 7, 1986) Article 35. Paul Newman g ave a short histor of events leadin to this motion. (Cont.) 8:50 P.M. William P. Kenned Chairman of the Permanent Buildin Committee, after introducin his committee, spoke in re to the buildin up totals - Option 3 and said that the recommended total is $12,220,049. 9:04 P.M. L A. Wik, School Committee Member, was reco for a second time before she started as s he had a lon explanation. She stated that her report was in two parts - educational trainin and educa- tional pro costs and then proceeded to show slides alon with her talk. 9:28 P.M. Paul Newman, School Committee Member, explained that the report that was filed (April 28, 1986 - Pa 53) was lar and the amount of mone is also lar Option 3 is the lowest that the could g o. Man of the facilities do not meet with current state standards. 9:33 P.M. Paul W. Marshall, Chairman of the Board of Selectmen, said that the q uestion is "Can we finance the bonds?". He asked that the Town Mana Robert M. Hutchinson, Jr. be reco 9:33 P.M. Mr. Hutchinson told the meetin that we can finance in FY87 and FY88 but could run into problems in FY89. With the aid of a view g raph, Mr. Hutchinson went over the bud fi showin the amount of $938,283 for debt service in FY87 and a drastic increase in FY88. He added that interest rates ri now are the best that the have been in y ears and he hopes that the meetin would adopt this pro 9:43 P.M. Michael J. O'Sullivan, Chairman of the Appropriation Committee, also went over the bud fi and said that althou a ma of the members of his committee would like to support this pro a ma of the members cannot support this article as it is presentl constituted. 9:52 P.M. Esther S. Arlan, member of the Capital Expenditures Committee, sa id that the committee had man concerns relatin to this article. al The do reco the need for handicapped access and roofin but, at the proper time, will present an amendment to postpone the article to a time certain. 9:55 P.M. Paul W. Marshall said that a ma of the Board of Selectmen ( three members) supports the School Committee and the Permanent Buildin Committee althou a ma of the of the board would support takin out the administration buildin He assured the meetin that if the state will not g ive the 60% reimbursement, the Selectmen will come back to town meetin The will not borrow if the do not have mone in hand. A ma of the board would like to g o ahead now but are prepared to g ive more time for discussion but would hate to g o to late Ma He repeated that a ma of the Selectmen support this article. 10:01 P.M. Penn Hart of 64 Bloomfield Street, favorin the pro spoke of the sta at the hi g h school, and as a member of the Bicentennial Band said that the sta was small and din 10:05 P.M. ( Amend. Albert P. Zabin moved that the main motion be amended b sub- adopted) stitutin the sum $11,870,000 for the sum of $12,220,000. 10:06 P.M. Mr. Zabin e that this decrease was to eliminate the adminis- tration buildin Mr. Newman said that there isn't an available space for administrative offices and the current offices are not satisfactor He ur defeat of the amendment. 10:13 P.M. Mr. Zabin's motion to amend was declared adopted b voice vote, which was doubted b John J. McWeene and more than the re twent members, so a standin vote was taken as follows: (Ad`aurned Session of the 1986 Annual Town Meeting _ May 7, 1986) ' Article 35. (Standing vote on Zabin amendment:) (Cont.) Precinct In Favor Tellers Abstain Opposed 1 14 Nancy C. Gordon 5 2 6 Arthur C. Smith 1 9 3 6 Marilyn K. Mairson 11 4 9 Gale H. Nill 6 5 8 Julie F. Triessl 7 6 7 Alan J. Lazarus 1 7 7 11 Jacquelyn H. Ward 4 8 15 Roger F. Borghesani 1 9 14 Margaret E. Coppe 4 At Large 16 John R. Campbell 8 Totals 106 2 62 Mr. Zabin's motion to amend the main motion was adopted. 10 :17 P.M. Mrs. Suzanne John, 19 Saddle Club Road, spoke in favor. 10 :17 P.M. Sam Silverman gave his personal tribute to the retiring Town Clerk. He then said that he favored the postponement to a time certain as mentioned by the Capital Expenditures Committee. 10 :24 P.M. The Town Manager told the meeting that we can't delay too long because of the administrative procedures that must be followed in preparation of a bond issue which could take thirty days or more. July would not be a good time to float the bonds. 10 :28 P.M. Paul Newman served notice of reconsideration of Albert P. Zabin's motion to amend the main motion. 10:28 P.M. Article 35. Donald J. Gillespie, Jr., 4 Fairland Street, spoke of the safety (Cont.). of the high school auditorium and the poor lighting of the stage. He urged support. 10:29 P.M. Peter C. J. Kelley said that he is in favor of renovating schools but does not like to see it rushed through. 10:32 P.M. William P. Kennedy said that the Permanent Building Committee did not evaluate Maria Hastings School regarding classroom space as it .is to be closed in June of this year. 10 :33 P.M. Marcia M. Stille, 5 Hawthorne Road spoke in favor of the program. 10:35 P.M. Robert I. Rotberg would hope to consider moves to reduce the amount of appropriation. 10:42 P.M. Geoffrey Pierson, Superintendent of Schools, showed slides of school enrollment and under enrollment; comparison of Hi /Lo enroll - ments with building capacities; projected enrollment data by elementary schools for 1986 -1996. 10:56 P.M. (See Page Paul W. Marshall moved to adjourn this meeting to Monday, May 12, 1986 at 8 P.M. in Cary Memorial Hall. 10:57 P.M. Robert I. Rotberg said that Wednesday would give more time for study but Mr. Mar- shall felt that there should not be any more delay. 10:57 P.M. (Adjourned Session of the 1986 Annual Town Meetin - May 7, 1986) James M. McLaughlin asked if Article 35 was capable of being separated for voting purposes. The Moderator answered in the affirmative and added that, at the proper time, he would ask for a separate vote on sections (a) and (b). 10:58 P.M. Julian J. Bussgang wondered about having a hearing before another town meeting. Mr. Marshall answered that a town meeting is a hearing. If a separate hearing was held, attendance would not be as good as a town meeting where votes are taken, and the information would have to be repeated for those not in attendance at the hearing. Mr. Marshall's motion to adjourn this meeting to Monday, May 12, 1986 at 8 P.M. in Cary Memorial Hall was declared adopted by voice vote. 10.59 P.M. A true copy. Attest: r Mary R. McDonough, Town Clerk ADJOURNED SESSION OF THE 1986 ANNUAL TOWN MEETING 67 HELD MAY 12 1986 The meeting was called to order in Cary Memorial Hall at 8:05 P.M. by the Moderator, Lincoln P. Cole, Jr. There were 170 Town Meeting Members present. Invocation offered by Reverend Susan L. Geissler, Church of Our Redeemer, Episcopal. 8 :07 P.M. The Moderator informed the meeting that British Television, Channel 4 was filming the meeting for future showing in England. They have been going around the United States filming various events in order to get the feel of the people in this country and how they live,and govern. 8 :08 P.M. The Moderator said that the meeting would now continue on Article 35, which is open, where it left off at the last meeting. (See Pages 63 -66) Article 35. (See Pages 63- -66) BUILDING MAINTENANCE (Cont.) (Main motion presented by Paul Newman - See Page 63) (Amended motion presented by Albert P. Zabin - See Page 64) (Both of the above presented at the May 7, 1986 session) Paul Newman, School Committee Member, said that the net increase (See in classr000ms when schools open next September is three. Even if Page Hastings was not closing, it would be just the same. Keeping Maria 71 Hastings open does not change any of the things they are planning to do. for There will be no new classrooms in Bridge or Bowman Schools; Estabrook adopted will have two new classrooms built in the front lobby - the net gain motion.) will be one additional classroom; net gain in Fiske School will be one classroom; Harrington additon of one classroom. There will be a total of three new classrooms throughout the town. 8:18 P.M.' Margaret F. Rawls felt that Maria Hastings School could remain open until reconstruction of other schools so that the children would not be disrupted. 8:25 P.M. William P. Kennedy, Chairman of the Permanent Building Committee, said that construction could not be done just in the summertime as this is a three year program and added that there will be some disruption. 8 :28 P.M. In response to a question raised by William W. Welch, Jr., the Moderator stated that the only division for voting that could be made would be for parts (a) and (b) and this would be done. 8:31 P.M. Throughout the evening the following citizens were recognized, all speaking in favor of the article:. David Nosnik, 10 Hudson Road; Elizabeth B. Westfall, 106 Kendall Road; Barbara Bailey, 84 Reed Street; Sylvia L. Schatz, 135 Worthen Road. James E. Barry, speaking against the article, said that he felt that this is a little too much and thinks that the School Committee should step back and do more studying. 8:53 P.M. Walter N. Leutz explained that he supports the remodeling as an idea but opposes very strongly the financing. 9 :03 P.M. Sally T. Castleman voiced many concerns relating to Estabrook School. 9:10 P.M. (Amend. William W. Welch, Jr. moved that the motion be amended to reduce the Lost) sum of $11,870,000 each time it appears in the motion to $7,410,000. 9:10 P.M. Mr. Welch explained that he did not want his amendment to prevail but just wished to bring out discussion and possible other amendments. 9 :13 P.M. (Adjourned Session of the 1986 Annual Town Meeting - May 12, 1986) Article 35. William J. Dailey, Jr. wondered if.Mr. Welch would accept an amend - (Cont.) ment to his amendment. Therefore, Mr. Dailey moved that the amend- ment of Mr. Welch be amended to change the figure $7,410,000 to $5,500,000. 9:17 P.M. After some discussion, the Moderator reads Mr. Dailey's motion to amend. 9 :28 P.M. Sharon MacDonald wondered about the stability of the school system and Albert P. Zabin said that the School Committee had well docu- mented needs. He added that if there are any questions, the time to ask them is now. He favored adopt.ion of the article. 9.34 P.M. Robert I. Rotberg, speaking on the amendment to the amendment, said that he felt that it is a sensible amendment and feels that it should be adopted. 9 :38 P.M. James E. Barry agreed with Mr. Rotberg and asked if the main motion needed a two - thirds vote. The Moderator said that part (a) needed a two - thirds vote and part (b) needed a majority vote. 9:38 P.M. Voice vote on Mr. Dailey's motion to amend Mr. Welch's amendment was doubted by the Moderator, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 15 Nancy C. Gordon 3 2 9 Arthur C. Smith 8 (Amend. 3 10 Marilyn K. Mairson 8 Lost) 4 1 Gale H. Ni'll 12 5 9 Julie F. Triessl 5 6 4 Alan J. Lazarus 12 7 8 Jacquelyn H. Ward 4 8 14 Roger F. Borghesani 3 9 10 Margaret E. Coppe 5 At Large 12 John R. Campbell 10 Totals 92 70 Mr. Dailey's motion to amend Mr. Welch's amendment declared adopted. 9 :46 P.M. Paul W. Marshall, Chairman of the Board of Selectmen, urged defeat of Mr. Welch's amendment as amended by Mr. Dailey. 9:47 P.M. Mr. Welch's amendment as amended by Mr. Dailey declared lost by voice vote. 9:48 P.M. (Amend. Anthony L. Mancini moved that the motion be amended by striking the Lost) sum of $11,870,000 and substituting therefore the sum of $7,600,000. 9 :50 P.M. Mr. Mancini explained that this decrease would be to strike out the educational programs changes. 9:51 P.M. Mr. Mancini's motion to amend was declared lost by voice vote. 10 :05 P.M. Joy C. Buchfirer urged support of the article and for the full appropriation. 10:13 P.M. Mary Edna Neumeier moved that we insert the following words after (Amend Lost) the words "repair to school buildings, in the first sentence of the (See main motion - Page "including all building code fire sprinkler items that would be 69.) required of a new school built in Lexington." And further to change the figure $11,870,000 be amended to read $13,000,000. 10:13 P.M. (Ad'ourno-d Session of the 1986 Annual Town Meetin Ma 12, 1986) Y%9 Article 35. Arthur C . Smith moved that d . ebate on this article be closed at (Cont.) 10:40 P.M. 10:15 P.M. Paul W. Marshall asked what impact this motion would have on recon- sideration and the Moderator answered "None". 10:15 P.M. Robert I. Rotber said that he thou that Mr. Smith's motion was unfair and ur defeat. 10:18 P.M. Mr. Smith's motion to close debate on this article at 10:40 P.M. was declared adopted b voice vote, which was doubted b more than twent members, so a standin vote was taken as follows: Precinct In Favor Tellers Opposed 1 1 Nanc C. Gordon 16 2 10 Arthur C. Smith 5 3 3 Maril K. Mairson 10 4 4 Gale H. Nill 8 5 3 Julie F. Triessl 11 6 2 Alan J. Lazarus 14 7 5 Jac H. Ward 6 8 4 Ro F. Bor 11 9 7 Mar E. Coppe 7 At Lar 10 John R. Campbell 12 Totals 49 100 Mr. Smith's motion that debate on this article be closed at 10:40 P.M. does not prevail. 10:20 P.M. The Moderator read the motion to amend as offered b Mar Edna Neumeier (See Pa 68). 10:21 P.M. Mrs. Neumeier's motion to amend was declared lost b voice vote. 10:32 P.M. Donna M. Hooper said that she felt that this proposal was bein rushed alon because of the tax benefits and asked to what de does the pro have to be funded. 10:37 P.M. Robert M. Hutchinson, Jr., Town Mana said that he and Geoffre Pierson, Superintendent of Schools, had met with the SBA and the minimum reimbursement that the town would receive would be 60% but the will tr to g et more. 10:38 P.M. Gerald L. Abe hoped that we could vote on the bond issue at this time and have the School Committee come back to a fall town meetin for a public forum. 10:39 P.M. School Committee Member, Shepard Anthon Clou said that the School Committee and the Permanent Buildin Committee are committed to holdin public hearin 10:40 P.M. (Amend. William J. Daile Jr. moved that the motion be amended to reduce Lost. the sum of $11,870,000 each time it appears in the motion to See $83300,000. 10:40 P.M. Pa 70.) Mr. Daile explained his motion to amend. 10:46 P.M. Sharon MacDonald said that this is the first proposal that she feels that she can g o alon with and asked where this would place us in the next few y ears. Mr. Hutchinson said that there would still be a crunch in 1989. 10:47 P.M. Robert H. Domnitz moved that this meetin be ad to Wednesda Ma 14, 1986 at 8 P.M. in Car Memorial Hall. 10:48 P.M. ...... . . . ... .. ... ..... {Ad +owned Session of the 1986 Annual. Town Meeting - May 12, 1986 Robert I. Rotberg asked that if we adjourned to Wednesday, would there be time for the Board of Selectmen to check on the new federal law. He suggested that we may want to wait. 10:50 P.M. Mr. Marshall said that they are not intending to contact the tax bill writers in Washington and added that if this article is defeated, the Selectmen will ask for a summer town meeting. 10:50 P.M. Mr. Domnitz's motion to adjourn this meeting was declared lost by voice vote. 10:52 P.M. Article 35. Ronald Levy spoke in favor of Mr. Dailey's motion to amend. (Cont.) 10 :54 P.M. Eric T. Clarke moved the previous question which was declared adopted by voice vote, which was doubted by more than twenty members, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 6 Nancy C. Gordon 10 2 11 Arthur C.'Smith 3 3 10 Marilyn K. Mairson 8 4 6 Gale H. Nill 8 5 6 Julie F. Triessl 7 6 0 Alan J. Lazarus 12 7 4 Jacquelyn H. Ward 6 8 12 Roger F. Borghesani 4 9 7 Margaret E. Coppe 6 At Large 18 John R. Campbell 4 Totals 80 68 Previous question prevails. 10:58 P.M. Jacqueline B. Davison asks that a roll call vote be taken on the main motion. 10:59 P.M. The Moderator asked for a standing vote on the roll call vote as follows: Precinct In Favor Tellers 1 11 Nancy C. Gordon 2 6 Arthur C. Smith 3 12 Marilyn K. Mairson 4 6 Gale H. Nill 5 1 Julie F. Triessl 6 4 Alan J. Lazarus 7 2 Jacquelyn H. Ward 8 0 Roger F. Borghesani 9 1 Margaret E. Coppe At Large 3 John R. Campbell Total 46 Less than the required fifty members favoring a roll call vote on the main motion under Article 35, roll call does not prevail. 11:02 P.M. Mr. Dailey's motion to amend (see page 69) was declared lost by voice vote. 11:02 P.M. James C. Beck and Florence Koplow, both members of the School Committee, gave short explanations and urged support of the article. 11:12 P.M. At the request of Iris G. Wheaton, the Moderator read part (a) of the main motion, as amended. 11 :13 P.M. i e (Adjourned Session of the 1986 Annual Town Meeting - May 12, 1986) 71, Article 35. Part (a) Voice vote on part (a), as amended, was not unanimous, (Cont.) so a standing vote was taken as follows: (William W. Welch, Jr. (Pr. 2) and Elizabeth C. Haines (Pr. 6) abstained from voting.) Precinct In Favor Tellers Abstained Opp 1 10 Nancy C. Gordon 7 2 14 Arthur C. Smith 1 2 3 13 Marilyn K. Mairson 5 4 7 Gale H. Nill 6 5 9 Julie F. Triessl 5 6 13 Alan J. Lazarus 1 1 7 7 Jacquelyn H. Ward 6 8 9 Roger F. Borghesani 7 9 11 Margaret E. Coppe 3 At Large 17 John R., Campbell g Totals 110 2 50 (Ronald Levy questioned that the words "school administration building" were in the motion although Albert P. Zabin's amendment, which was adopted, was to omit any reconstruction of this building. The Moderator answered that the motion before the meeting included those words as Mr. Zabin's amendment did not remove them. His motion only decreased the appropriation.) Part (a) Main motion as presented by Paul Newman and amended by Albert P. Zabin, was adopted as more than the required two - thirds had voted in favor. 11:18 P.M. Part (b) As presented by Paul Newman, declared adopted unanimously. 11:18 P.M. (Main motion as presented by Paul Newman, amended by Albert P. Zabin and as adopted: ted • . P (As MOTION: (a) That $11,870,000 is appropriated for remodeling, adopted) reconstructing and making extraordinary repairs to school buildings, including the school administration building, for constructing, originally equipping and furnishing additions to school buildings and for school department equipment; that to meet this appropriation the Treasurer with the approval of the Selectmen is authorized to borrow $11,870,000 under Chapter 645 of the Acts of 1948 as amended or under G.L. c. 44, s. 7 as amended; and that the Permanent Building Committee is authorized to take all action necessary to carry out this project. In Favor: 110 Opposed: 50 Abstained: 2 Adopted 11:18 P.M. (As (b) That $300,000 is appropriated for remodeling, reconstructing adopted) and making extraordinary repairs to the Bridge School and that to raise this amount $300,000 shall be transferred from the Insurance Reimbursement Account. Adopted unanimously. 11:18 P.M.) Paul W. Marshall moved that line item #8525 (Article 4, See Book 22, Page 555) be'_.takeh' off the table. : 11,15 P.M. Ephraim Weiss moved that this meeting be adjourned to Wednesday, May 14, 1986 at 8 P.M. in Cary Memorial Hall. This motion was defeated by voice vote. 11:19 P.M. Mr. Marshall's motion to take line item #8525 off the table was adopted by voice vote. 11 :20 P.M. 7k ournod Session of the 1986 Annual Town Meeting May 12 1986 Article 4. OPERATING BUDGET Presented by Paul W. Marshall. 8525 MOTION: That the sum of $656,000 be appropriated for line item #8525, and that such amount be raised in the tax levy. Adopted by voice vote. 11 :21 P.M. Paul W. Marshall moved that Article 29 be taken off the table. This motion was adopted by voice vote. 11:21 P.M. ( See Page 14) " Article 29. PINE MEADOWS GOLF COURSE Presented by Paul W. Marshall. MOTION: That this article be indefinitely postponed. Adopted by voice vote. 11 :22 P.M. Ephraim Weiss moved reconsideration of Article 38. 11:22 P.M. (See Page 26) Mr. Weiss explained that he felt that exempting POW's from paying motor vehicle excise taxes was a bad policy as it picking out a certain group. 11 :25 P.M. Joel A. Adler spoke in favor of reconsideration of Article 38. 11:27 P.M. Motion to reconsider Article 38, as offered by Mr. Weiss, was defeated by voice vote. 11 :28 P.M. Robert H. Domnitz moved reconsideration of Article 35. 11 :28 P.M. Mr. Domnitz explained that he wished to add a resolution, regarding the closing of Maria Hasting School, to Article 35. 11:30 P.M. Motion to reconsider Article 35, as offered by Mr. Domnitz, was defeated by voice vote. 11:30 P.M. Elaine Dratch moved reconsideration of Article 15. 11:30 P.M. This motion was defeated by voice vote. 11:33 P.M. Article 51. USE OF FUNDS TO REDUCE TAX RATE Presented by Paul W. Marshall. MOTION: That the sum of $1 be appropriated to reduce the tax levy for the fiscal year beginning July 1, 1986, and that such amount be transferred from the Excess and Deficiency Account. Adopted unanimously. 11:35 P.M. Paul W. Marshall moved that this meeting be dissolved. Adopted unanimously. 11.35 P.M. A true copy. Attest: 4� 0 Mary R. McDonough, Town Clerk , Daniel Friedlander, 2184 Massachusetts Avenue, resigned as a Town Meeting Member from Precinct Nine as of May 22, 1986. On June 25, 1986, Richard Schaye, 7 Jean Road, accepted a Town Meeting Member position in Precinct Nine, replacing Daniel Friedlander. ', Mr. Schayes term expires March, 1987. f f