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HomeMy WebLinkAbout1987-03-02- To 1987-05-13-ATM-min sr, 9 i ANNUAL TOWN MEETING - MARCH 30, 1987 The meeting was called to order by the Moderator Margery M. Battin at 8 p.m., in Cary Memorial Hall. There were 191 Town Meeting Members present. The invocation was offered by the Reverand Polly Guild Laughlin, Follen Community Unitarian/Universalist Church. 8:01 p.m. Those present observed a moment of silence to note the deaths of Howard Asarkof, Chairman of the Board of Health; Walter Cunha, retired Firefighter; and Duncan Swan, School Department Custodian. Town Clerk, Bernice H. Fallick, read the Warrant for the Meeting until further reading was waived. 8:03 p.m. The Town Clerk read the Constable's Return of the Warrant.8:04 p.m. The Moderator paid tribute to former Mdderators. She stated that she welcomed suggestions and made announcements regarding procedures. Town Meeting is scheduled to begin promptly at 8 p.m., on the following nights: April 1, 6, 8, 15, 27, and successive Mondays and Wednesdays until completion. Articles will be addressed in the order in which they are listed in the Warrant with the following exceptions: Indefinite postponement will be moved on Articles 7, 11, 35, 45. The School Budget Operating Line Item will be moved to be taken up first under Article 4 this evening. 8:14 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. Accepted and placed on file. 8:15 p.m. Richard A. Michdlson, moved that the report of the Capital Expenditures Committee be accepted and placed on file. Accepted and placed on file. 8:16 p.m. John C. Eddison, Chairman of the Board of Selectmen, requested that the Report of the Town Manager be accepted and placed on file. Frank Sandy rose to request that no votes be taken on the nights on which reports are presented to Town Meeting in order that there be time for reading them. Mr. Eddison reminded the Town Meeting that these reports are open during the entire meeting for discussion and action. Accepted and placed on file. 8:18 p.m. Mr. Eddison gave a report of the Budgetary Process, noting an unprecedented situation in which the Board of Selectmen and the School Committee had not reached accord. The Town Meeting will be asked to decide between two alternative budgets with the option of choosing either or neither, or coming up with an alternative. The Selectmen and Town Manager made the assumption that the increase in the School Budget would be 5 1/2% over last year, or an increment of 1.15 million dollars. Mr. Eddison outlined the procedure for explanation and discussion which followed. Town Manager, Robert M. Hutchinson, Jr., gave an overview of the Budget, presenting information on the tax rate and referencing categories of expense. 8:24 p.m. Michael O'Sullivan referenced the Appropriation Committee reports, stating that this Town Meeting could likely be the watershed for subsequent Town Meetings. 8:34 p.m. (ANNUAL TOWN MEETING- March 30, 1987) cont. Article 3. APPOINTMENTS TO THE 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. Passed. 8:49 p.m. Article 4. OPERATING BUDGET. Presented by John C. Eddison. MOTION: That Line Item 200-102 Public School-Education be taken out of order. Unanimously passed. 8:50 p.m. Presented by Shepard A. Clough, School Committee. MOTION: Under line item 200-102 Public School-Education I move that the amount of $22,311,077 be appropriated, of which $12,850 is for out of (see Pages state travel, to which the sum of $288,428 in available and anticipated 102 and P.L. 874 and other Federal and State funds, and $36,000 in available and 107) anticipated athletic receipts is to be applied and the balance of $21,986,649 is to be raised in the tax levy. 8:51 p.m. Mr. Clough presented the School Committee perspective of the Budget, noting the following issues: the extended deferral of equipment maintenance, escalating costs over which the Committee has little or no control, and the negotiations of contracts with teachers and custodians. He was recognized for a second ten minutes by the Moderator. 9:01 p.m. Dr. Geoffrey Pierson, Superintendent of Schools, was recognized for two ten-minute periods to continue explanation. The increase being recommended is 7%. 9:22 p.m. The Moderator recognized Dr. Pierson for an additional 10 minutes. Mr. Clough presented a follow-up in detail of the FY87 overbudget. 9:29 p.m. The Moderator encouraged full debate, asking that amendments be deferred until thorough discussion had occurred and reminding Town Meeting that amendments could not be made on individual items of the School Budget but to the Budget as a whole. 9:35 p.m. William S. Widnall, Precinct 2, asked for an explanation of Cherry Sheet reimbursement vis a vis the School Budget. 9:37 p.m. Dr. Pierson stated that the total reimbursement does not come close. There is not an even correspondence. 9:39 p.m. Sam Silverman, Precinct 5, suggested that the place to economize is via personnel. 9:39 p.m. Dr. Pierson expressed his concern as to a reasonable teacher/pupil ratio. Less expensive personnel are hired when vacancies exist. 9:40 p.m. Mr. Clough concurred. 9:42 p.m. Marthur Kalil, Precinct 7, asked for an explanation of the staff/secretary ratio and function. 9:44 p.m. Patricia McLaughlin, Precinct 4, asked for information as to the function of the coordinator. 9:45 p.m. Dr. Pierson gave a quick summary in response. 9:46 p.m. Sam Nablo, Precinct 6, questioned electricity charges. 9:47 p.m. CANNUAL TOWN MaTINO Hath 08/5 tont. 9 9 Dr. Pierson explained that the charge is based on bills from Boston Edison and a recent reclassification is being re-evalued. 9:49 p.m. Frank Sandy, Precinct 6, stated that excellence must be paid for, but that spending money doesn't necessarily yield an excellent education. He spoke in favor of merit increases. 9:51 p.m. David Williams, Precinct 5, asked for further explanation on the kindergarten program expansion. 9:56 p.m. Dr. Pierson stated that parents were in favor of an all morning program, and that teachers are trying to accomplish too much in too short a time. 9:57 p.m. Michael Golay, Precinct 6, stated that a vote should not be taken tonight as the question had not been prepared in a manner that would allow Town Meeting to act. He stated that it was not a take it or leave it proposition, that a set of priorities was needed. He stated that the issue is not the merit of the program, but that roughly 50% of the budget was going to 20% of the Town's families. He expressed concern over the test scores. 10:00 p.m. James McLaughlin, Precinct 8, received a "yes" answer when he asked if a majority vote was necessary to pass the School Budget. He stated that everyone was there to vote and that a vote should be taken. 10:03 p.m. Neil Gray, Precinct 9, stated that the inequities of compensation needed to be addressed and that the Town is getting considerably more than mediocre results from the tax dollar. 10:05 p.m. Carol Grodzins, Precinct 3, questioned where cuts could be made. 10:07 p.m. Mr. Clough responded with some possible areas where budget reduction would occur if the budget were to be cut. 10:08 p.m. James Barry, Precinct 1, stated that some courses are frills and need to be cut. 10:12 p.m. Several citizens spoke from the balcony: Marcia Baker, President of the Pre-School PTA, urged approval. Pat McClure urged a renewal of commitment to education and the quality of life and urged adoption as proposed by the School Committee. Peter Adler, Lexington PTA Council President, spoke in support of the budget. 10:18 p.m. Renee Cochin, Precinct 7, asked how much money had been returned to the General Funds. 10:22 p.m. Mr. Clough stated that no money has been returned. 10:23 p.m. June Hatfield, Co-President of the Bridge School Association, said that the Town has historically maintained a strong commitment to excellent education and urged trust of the School Committee's budget. 10:28 p.m. Thomas DelBanco, Partridge Road, stated it is a question as to priorities and the value system. 10:32 p.m. Louis LeBlanc, Precinct 9, stated that there is too much slush in the curriculum and spoke against merit raises. 10:36 p.m. Margaret Rawls, Precinct 4, stated that she felt inadequate in making a decision but asked whether there would be a necessity for the $300,000 Stabilization Fund. 10:38 p.m. Mr. Eddison stated that there was nothing in the budget that could not be cut. Next year would be tougher than this and the Stabilization Fund is a way of saving for a rainy day in order to cover essential items. 10:39 p.m. OiNNUAL TOWN MEETING - March 30, 1987, cont.) Albert Zabin, Precinct 1, stated that there is no more important issue than public education. He said that Town Meeting does not have to chose between the School Budget and the Town Budget, as the School Budget is part of the Town Budget. Whatever is cut is going to cut something important. 10:45 p.m. Paul Marshall, Member at Large, stated that it is a policy decision. There can be a quality program with whatever they have. The decision is what should the overall size of School Budget be, an increase of what amount. He explained how all of the Budget is tied together. Presented by Paul Marshall: MOTION: Under line item 200-102 Public School-Education the amount (did not of $22,311,077 be changed to $22,008,012; and the amount of $21,986,649 pass- be changed to $21,683,584. 10:55 p.m. see Page 101) Paul Newman, School Committee, urged Town Meeting to continue to look critically at school programs, and to continue to offer a superlative education. This is not a padded budget. He was concerned that recent gains not be jeopardized. 10:59 p.m. Michael O'Sullivan spoke of the share-line splitting between the School Budget and the rest of the Budget. 11:00 p.m. Iris Wheaton, Precinct 7, said that rarely has there been so much interest in one line item. The School Committee wants more money to make a good system better and Mrs. Wheaton agreed but did not wish to lose some of the other items needed by the Town. She asked for documentation from the Selectmen and the School Board as to what each would cut. 11:02 p.m. Paul Hamberger, Precinct 5, spoke in favor of the School Committee proposal and asked for a modest improvement each year. 11:05 p.m. Frederick Hagedorn, Precinct 1, rose to a Point of Information: Do we have to defeat the motion to get answers to Iris Wheaton's question? The Moderator ruled that debate was over, stating that if anyone wished to answer the question, the answer could be taken. Paul Marshall asked for a Suspension of the Rules in order to extend the debate for an additional ten minutes. The Moderator stated that there is no prevision to suspend the rules and suggested that perhaps the By-laws might be revised at some future time. The Moderator received no answer to Mrs. Wheaton's question. 11:07 p.m. Edith Sandy, Precinct 6, asked for a Rollcall Vote. The Moderator asked for 49 additional members to stand to ask for a Rollcall Vote. Eugene Lee, Precinct 5, asked for the vote to be tabled until 8 p.m., next meeting, and was ruled out of order because he made a statement prior to making the motion. The tellers reported the vote with the sum of 38; the request for a Rollcall Vote failed. 11:09 p.m. Ephraim Weiss, Precinct 5, moved to table this motion until 8 o'clock this coming Wednesday. The motion to table failed. 11:10 p.m. The voice vote on Mr. Marshall's amendment was in doubt and the Moderator called for a Standing Vote. The clerks reported the vote as follows: Precinct Yes No 1 8 13 2 6 11 3 7 13 4 8 11 5 8 8 6 9 10 7 7 9 8 9 5 9 14 4 At large 14 7 Totals 90 91 (ANNUAL TOWN MEETING - March 30, 1987, cont.) IO I The Moderator stated that Mr. Marshall's motion did not carry. 11:15 p.m. Arthur Smith called for a Point of Order: What is the state of this current line item? Is it appropriate to make further amendments without having to serve notice of reconsideration? The Moderator stated that it would remain open as a Line Item. It was moved that the Town Meeting be adjourned until Wednesday, April 1, 1987, at 8 p.m., Cary Memorial Hall, and the Moderator declared the motion approved by voice vote at 11:17 p.m. A true copy. Attest: • Bernice H. Fallick, Town Clerk , ADJOURNED SESSION - 1987 ANNUAL TOWN MEETING APRIL 1, 1987 The meeting was called to order by the Moderator Margery M. Battin at 8 p.m., in Cary Memorial Hall. There were 183 Town Meeting Members present. The invocation was offered by the Reverand Brian S. Dixon, First Baptist Church. 8:01 p.m. Those present observed a moment of silence to note the death of David Adler, husband of Alice Adler, Precinct 9 Town Meeting Member. 8:02 p.m. The Moderator reminded the Meeting of the Code of Conduct for Town Meeting Members and gave brief reminders of procedures. ARTICLE 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES Iris Wheaton, Precinct 7, moved that the report of the Cary Lecture Series be accepted and placed on file. Accepted and placed on file. 8:05 p.m. The Moderator recognized Raymond Culler, Chairman of the Cary Lecture Committee, who presented the report. 8:09 p.m. Carolyn Wilson presented the report of the Lincoln Street Sub- Committee. 8:12 p.m. Judith Uhrig announced that the Planning Board reports had been distributed. 8:13 p.m. Erna Greene, Co-chairman of the Town Report Committee, announced that the Annual Report had been promised for delivery by April 10. 8:14 p.m. ARTICLE 4. OPERATING BUDGET Sheldon Spector, Precinct 8, rose for a Point of Order regarding the the Code of Conduct for Town Meeting Members. 8:06 p.m. The Moderator noted that the Code does not have the force of law but is to be used as a guideline. 8:07 p.m. Anthony Clough, Chairman of the School Committee, spoke regarding Line Item 200-102, taking issue with the Selectmen. He stated that a rock bottom budget had been developed and he further presented the School Committee's point of view. 8:24 p.m. John Eddison, Selectmen, stated that the Selectmen vigorously opposed the suggestion to raid Free Cash. 8:25 p.m. Robert M. Hutchinson, Jr., Town Manager, objected to the proposal to raid revenue to provide operating expenses. He said that all the revenue sources which can be taken at this time had been taken and that this fiscal resource should not be jeopardized. 8:27 p.m. Michael O'Sullivan speaking for the Appropriations Committee stated that they had agreed to use this Meeting as a forum for the process and would act as moderator between the School Committee and the Selectmen. A 50/50 split would be offered and the amendment to be offered would reduce the educational request by $150,000. Presented by Michael O'Sullivan. MOTION: Under line item 200-102 Public School-Education the amount of (passed- $22,311,077 be changed to $22,161,077; and the amount of $21,986,649 be see changed to $21,836,649. Page 107) 8:32 p.m. (Adjourned Session - 1987 Annual Town Meeting - April 1, 1987, cont.)102 John Eddison stated the support of the Selectmen in order to arrive at a compromise solution. The Selectmen are taking $50,000 from Article 17, Water Mains, and $100,000 from Article 23, Street Improvements. The School Committee is asked to find another $150,000 from their budget. 8:34 p.m. Edith Sandy, Precinct 6, expressed concern not with the cost but with how the money was being used. She asked for ways for productivity to be improved. 8:36 p.m. Richard Michelson, Capitol Expenditures Committee, voiced support for the Appropriations Committee motion. 8:36 p.m. Robert Rotberg, Precinct 3, urged defeat of the motion. 8:38 p.m. Florence Koplow, School Committee, spoke of a chipping away which would lead to a problem with each succeeding year. She expressed regret that the School Committee was not getting the support it was seeking. 8:43 p.m. Sam Silverman, Precinct 5, rose for a Point of Clarification on the Code of Conduct stating the moral obligation to prevent personal bias from interfering. 8:45 p.m. William Welch, Precinct 2, stated that although he works for the School Department, he also represents the people of his precinct. He asked if he might vote on the line item. 8:46 p.m. William Spencer, Precinct 6, rose to pursue the same issue with the Town Counsel. 8:49 p.m. Norman Cohen, Town Counsel, replied that the words are there, that the Moderator had explained the concern, and that if an off-the-record opinion were to be given on Article 4, then Mr. Spencer could vote on the entire Article 4 as a whole. 8:51 p.m. Sam Silverman rose for further clarification: When your interest is the same as any other citizens, then you may vote. 8:53 p.m. Sheldon Spector, Precinct 8, asked for a Rollcall Vote. 8:54 p.m. The clerks reported 57 members standing to request a Rollcall Vote. 8:55 p.m. The Moderator repeated the motion. 8:56 p.m. The following is the tally of the Rollcall Vote. PRECINCT 1 TOWN MEETING MEMBERS YES NO ABSTAIN ABSENT Joel A. Adler Nancy M. Adler James E. Barry Lois J. Barry Nathan M. Becker David A. Bell Francis V. Busa Chang Chih Chao Nancy C. Gordon Frederick H. Hagedorn Ronald Levy John W. Maloney William H. McAlduff,Jr. David Radlo Barry E. Sampson Edward P. Shannon James M. Shaw Ellen Doyle Sullivan James S. Wilson Albert P. Zabin Ilkjourned Session - 1987 Annual Town Meeting - April 1, 1987, cont.) Judith L. Zabin Totals 11 9 1 PRECINCT 2 TOWN MEETING MEMBERS YES NO ABSTAIN ABSENT Elizabeth H. Clarke Eric T. Clarke Karen A. Dooks Leonora K. Feeney Narita B. Hartshorn John R. Holt Daniel A. Lucas Lillian T. MacArthur Barry H. Marshall Michael J. O'Sullivan John T. Sackton Vicky L. Schwartz Arthur C. Smith Christina J. Welch Edna M. Welch William W. Welch, Jr. William S. Widnall Lynda A. Wik Alan B. Wilson Carolyn C. Wilson Donald D. Wilson Totals 10 10 1 0 PRECINCT 3 TOWN MEETING MEMBERS YES NO ABSTAIN ABSENT Joy C. Buchfirer John P. Carrol Jacqueline B. Davison Suanne C. Dillman Jean Gaudet Erna S. Greene Carol J. Grodzins Gloria V. Holland Donna M. Hooper Marjorie K. Madoff Marilyn K. Mairson John J. NcWeeney Mary Edna Neumeier Marian C. Reilly Ira Richer Paul V. Riffin Robert I. Rotberg Francis W. K. Smith Richard W. Souza Katherine M. Whyte Robert C. Whyte Totals 6 12 3 PRECINCT 4 TOWN MEETING MEMBERS YES NO ABSTAIN ABSENT Gerald L. Abegg Nyles Nathan Barnert Julian J. Bussgang Nancy M. Cannalonga L. Gail Colwell Ronald W. Colwell Dan H. Fenn, Jr. Angela E. Frick I() (Adjourned Session - 1987 Annual Town Meeting -® April 1, 1987, cont.) Frederick C. Frick Katherine G. Fricker Donald R. Giller Georgia S. Glick Peter C. J. Kelley Patricia W. McLaughlin Gail H. Nill Richard F. Perry Margaret F. Rawls Sandra J. Shaw Ruth S. Thomas Judith J. Uhrig Martin K. White Totals 12 8 1 0 PRECINCT 5 TOWN MEETING MEMBERS YES NO ABSTAIN ABSENT Cynthia L. Blumsack Howard Cravis Wallace Cupp Marshall J. Derby Guy W. Doran Elaine Dratch William M. Fraser Paul E. Hamburger John Hayward Judith C. Leader Eugene E. Lee Leona W. Martin Eric Jay Michelson Stephen W. Miller Paul Newman Diran M. Semonian Sam Silverman Patricia A. Swanson Julie F. Triessl Ephraim Weiss David G. Williams Totals 9 9 3 PRECINCT 6 TOWN MEETING MEMBERS YES NO ABSTAIN ABSENT Margaret N. Brooke Shepard Anthony Clough Robert H. Domnitz Michael W. Golay Edmund C. Grant Elizabeth C. Haines Morton G. Kahan Florence Koplow Alan J. Lazarus Andrew Macey Judith B. Marshall Joyce A. Miller H. Bigelow Moore Ruth Joyce Nablo Sam V. Nablo Setha G. Olson Edith Sandy Frank Sandy Susan S. Solomon William T. Spencer John S. Willson Totals 9 9 3 TAgjourned Session - 1987 Annual Town Meeting - April 1, 1987, cont.) PRECINCT 7 TOWN MEMBERS YES NO ABSTAIN ABSENT Catherine M.D. Abbott Esther S. Arlan George A. Burnell John R. Campbell Sally T. Castleman Renee T. Cochin Stan N. Finkelstein Winifred L.L. Friedman Lloyd Gilson Clarice B. Gordon Marvin H. Greenberg Martin L. Hagerty Marthur H. Kalil Deborah G. Kearney John E. Taylor Jacquelyn H. Ward John E. Ward Iris G. Wheaton Robert V. Whitman Richard B. Wolk Martha C. Wood Totals 15 5 1 PRECINCT 8 TOWN MEETING MEMBERS YES NO ABSTAIN ABSENT Donald L. Bailey Richard R. Battin Roger F. Borghesani Florence E. Connor William P. Fitzgerald Ione D. Garing Benjamin H. Golini Gerald A. Reggie Sharon MacDonald James M. McLaughlin Richard A. Michelson Gordon R. Osgood Susan G. Plumb Jack Sarmanian Margaret Schwartz Sheldon A. Spector Dennis Sullivan John Adams Taylor Carolyn H. Tiffany Stanley E. Toye Christopher B. Williams Totals 14 3 1 3 PRECINCT 9 TOWN MEETING MEMBERS YES NO ABSTAIN ABSENT Alice J. Adler Brian Michael Adley Kenneth O. Alves Diane C. Aronson Gordon E. Barnes, Jr. Jane P. Buckley Richard L. Canale Margaret E. Coppe Neil Gray Deborah B. Green Frank J. Kava Louise V.T. Kava William P. Kennedy (Adjourned Session - 1987 Annual Town Meeting - April 1, 1987, cont.)I 0 7 Eleanor H. Klauminzer Louis F. LeBlanc Paul E. Mazerall Janet Perry Richard M. Perry Fred D. Rosenberg James J. Scanlon Richard Schaye Totals 15 4 2 TOWN MEETING MEMBERS AT LARGE YES NO ABSTAIN ABSENT Margery M. Battin Norman P. Cohen William J. Dailey, Jr. Stephen W. Doran John C. Eddison Bernice H. Fallick Paul W. Marshall Leo P. McSweeney Jacquelyn R. Smith Totals 4 1 3 1 TOTAL TALLY OF ROLL CALL PRECINCT YES NO ABSTAIN ABSENT TOTAL 1 11 9 1 21 2 10 10 1 0 21 3 6 12 3 21 4 12 8 1 0 21 5 9 9 3 21 6 9 9 3 21 7 15 5 1 21 8 14 3 1 3 21 9 15 4 2 21 AT LARGE 4 1 3 1 9 TOTALS 105 70 6 17 198 The Moderator declared the motion offered by Mr. Sullivan carried. 9:23 p.m. Mr. Clough served Notice of Reconsideration on Line Item 200-102. 9:24 p.m. Frederick Hagedorn, Precinct 1, questioned the impact of decisions being made as to the effect upon policy and asked for further input and explanation. 9:25 p.m. Richard Michelson, Precinct 8, rose for a Point of Order, asking for information as to what item Mr. Clough had served Notice of Reconsideration. The Moderator explained that as long as Article 4 is open, the Town Meeting could come back to this line item. Once Article 4 is passed, the Notice of Reconsideration preserves the right to come back to just this line item. 9:27 p.m. Renee Cochin, Precinct 7, moved to have the Report of the Human Services Committee accepted and placed on file. Accepted and placed on file. 9:28 p.m. Sam Silverman, Precinct 5, raised questions on the process and policy on the Budget, Proposition 2 1/2, bonding, property tax, and user fees. 9:32 p.m. The Moderator indicated that the Town Meeting Members Association intended this to be an ongoing area of dialogue. 9:32 p.m. Jacquelyn Ward, Precinct 7, asked for more responsibility from the State under Proposition 2 1/2 for mandated programs. 9:36 p.m. 1,1)12, kAnjourned Session - 1987 Annual Town Meeting - April 1, 1987, cont.) The Town Manager stated that the need continues to be articulated to Mr. Doran and Mr. Kraus. 9:37 p.m. The Moderator read Article 4. ARTICLE 4. 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. Selectmen's Department 003-101 Personal Services 38,726 003-102 Expenses 9,850 Town Manager's Office 004-101 Personal Services 173,955 004-102 Expenses 10,450 Town Manager's Jurisdiction 005-104 Temporary Help & Overtime 35,000 005-105 Clerical Pool 15,621 005-106 Office Furniture & Fixtures 4,000 005-121 General Professional Services 75,000 005-108 Fire & Police Medical 35,000 005-131 Director of Guides - P.S. 1,500 005-115 Out-of-State Travel 5,000 005-132 Tuition & Training Fees 12,500 005-133 In-State Travel 12,000 Selectmen's Jurisdiction 005-134 Safety Program Expenses 500 Town Clerk's Department 039-101 Personal Services 74,331 039-102 Expenses 2,080 Board of Appeals 061-101 Personal Services 19,148 061-102 Expenses 2,850 Planning Board • 063-101 Personal Services 80,617 063-102 Expenses 6,340 075-102 Insurance 2,492,200 William Welch,Jr., Precinct 2, stated his abstention on Line Item 076-122 and 076-102. 9:38 p.m. Printing Town Report 019-102 Expenses 6,000 Law Department 045-128 Law Fees 115,000 045-102 Law Expenses 26,000 OE (Adjourned Session - 1987 Annual Town Meeting - April 1, 1987, cont.) Elections 006-158 Selectmen Jurisdiction 19,900 015-158 Town Clerk Jurisdiction 18,867 Board of Registrars 017-101 Personal Services 1,600 017-102 Expenses 31,150 Town Committees 011-102 Appropriation Committee Expenses 950 483-182 Misc. Committees & Boards Expenses 5,000 482-102 Town Celebrations Committee Expenses 10,000 Historic Districts Commission 481-102 Expenses 2,400 Vicky Schwartz, Precinct 2, asked for a definition of 483-182 Miscellaneous Committees. The Town Manager explained that it includes temporary committees, the Arts Council, the Youth Commission, etc. 9:40 p.m. Conservation Commission 487-101 Personal Services 47,793 487-102 Expenses 10,200 Recreation Committee 621-101 Personal Services 161,951 621-102 Expenses 24,175 FINANCIAL OPERATION 024-101 Personal Services 361,607 024-102 Expenses 175,525 And further that the Treasurer and Collector is hereby authorized to enter into compensating balance agreements during fiscal year 1988, as permitted by General Laws Chapter 44, Section 53F. Health Department 501-101 Personal Services 83,064 501-102 Expenses 21,250 502-102 Visiting Nurse & Community Health 8,100 503-102 Rabies Clinic 3,325 Health Jurisdiction-Animal Control Officer 133-101 Personal Services 20,850 133-102 Expenses 8,155 Police Department 101-101 Police Department Management and Staff-Personal 544,011 Services (of which $11,000.00 is to be transferred from the Parking Meter Fund) 101-099 Police Department Collective Bargaining Unit- 1,541,220 Personal Services 11 (Adjourned Session - 1987 Annual Town Meeting - April 1, 1987, cont.) 101-102 Expenses 235,372 101-149 Parking Meter Maintenance 3,700 (Of which $3,700.00 is to be transferred from the Parking Meter Fund) Fire Department 103-101 Fire Department Management and Staff-Personal Services 181,346 103-099 Fire Department Collective Bargaining Unit-Personal Services 1,663,537 103-102 Expenses 155,715 Local Disaster Services 131-101 Personal Services 200 131-102 Expenses 500 Inspection Department 113-101 Personal Services 126,971 113-102 Expenses 3,950 William Welch,Jr., Precinct 2, asked for an explanation of the figures in 113-101 Personal Services. The Town Manager stated that a position had been filled during the current year. It is actual budget. 9:43 p.m. PUBLIC WORKS 300-101 Personal Services 2,442,097 300-102 Expenses 3,197,005 (Of which $55,000.00 is to be transferred from the Westview Perpetual Care Fund) Fred Rosenberg, Precinct 9, presented the following motion: MOTION: Line Item 300-102 be amended to add at the end thereof the (notDassel- b words: "Provided further that none of the individual expense accounts see e ow listed on page 15 of the warrant which comprise the Public Works Expense Budget shall be exceeded by more than twenty percent." 9:47 p.m. The Town Manager understood Mr. Rosenberg's concern and agreed to the need for accountability. However he felt a responsibility to attempt to avoid future Special Town Meetings and asked for management flexibility. 9:50 p.m. Frank Sandy, Precinct 6, asked for a figure with which the Town Manager could live. 9:50 p.m. The Town Manager said he would live with whatever figure the Town Meeting votes. 9:51 p.m. John Eddison, Selectman, voiced unanimous support of the Selectmen for the Town Manager in opposing Mr. Rosenberg's amendment.9:51 p.m. Robert Rotberg, Precinct 3, voiced support of the amendment. 9:52 p.m. The Moderator read the Amendment, called for a voice vote, The (Rosenberg Amendment was declared not carried. 9:53 p.m. amendment did not pass) Ephraim Weiss, Precinct 5, asked the Town Manager if there was any change in insect suppression policy. The Town Manager stated that there had been no change in policy. 9:54 p.m. 1 1 (Adjourned Session - 1987 Annual Town Meeting - April 1, 1987, cont.) HUMAN SERVICES Veterans' Benefits 551-101 Personal Services 15,093 William Welch, Jr., questioned the percent of increase on 101-101 Police. The Town Manager explained it is due to raise in rank and filling positions. It is strictly performance based. 9:55 p.m. Sheldon Spector, Precinct 8, asked if the Police Force is fully manned. The Town Manager stated that there are 3 positions short. 9:55 p.m. 551-102 Administration 325 Julian Bussgang, Precinct 4, asked the Selectmen about the disposition of the Emergency Funds and the emergencies in the Public Works Department. He is against lumping items into very big line item budgets. Does the Appropriations Committee have the authority to appropriate additional funds when certain line items have emergency situations and is the amount too small? The Town Manager explained the procedure for implementing expenditures from the Emergency Fund. 9:57 p.m. 551-154 Aid & Expenses 15,104 551-155 Grave Registration Expenses 200 551-156 Burial Expenses 500 Council on Aging 531-101 Personal Services 54,809 531-102 Expenses 50,300 Other Human Services 535-102 Mystic Valley Mental Health 15,000 536-102 Community Services 94,550 Eugene Lee, Precinct 5, questioned the amount of support to Mystic Valley. John Eddison and Harvey Lowell of the Human Services Committee explained the rationale behind their figure. 10:02 p.m. Cary Memorial Library 601-101 Personal Services 704,447 601-102 Expenses 207,750 (Of which $3,065 is to be transferred from the County Dog License Fees. $21,587.00 in Regular State Aid and $8,546.00 in Supplemental State Aid to Public Libraries is also available for use by the Trustees of the Library.) Board of Retirement 071-118 Contributory Pension Fund 1,814,047 071-120 Pension Funding 300,000 (Of which $300,000.00 is to be transferred from the Reserve Fund-Overlay Surplus.) William Welch, Precinct 2, asked for a breakdown of the Fund as to input and interest. The Town Manager stated that the Fund currently has in excess of 2 1/2 million dollars. The Comptroller, John Ryan, commented on the average yield. 10:04 p.m. 11 91 (Adjourned Session - 1987 Annual Town Meeting - April 1, 1987, cont.) 071-119 Non-Contributory Pension Fund 221,500 071-102 Expenses 4,840 Public Schools 200-102 Public School-Education 22,311,077 (Of which $12,850 is for out of state travel.) To which the sum of $288,428 in (this amount did not pass - see Page 102 for available and anticipated P.L. 874 and O'Sullivan amendment other Federal and State Funds, and $36,000 and Page 107 for vote) in available and anticipated athletic receipts is to be applied and the balance of $21,986,649 is to be raised in the tax levy. 201-137 Regional Vocational Technical High School Assessment 377,024 700-127 Interest on Dept 837,142 700-150 Tax and Bond Anticipation Loans 10,000 700-126 Maturing Dept 1,110,000 Karen Dooks, Precinct 2, asked for an explanation of the increase in the Minute-man Vocational High School Budget. Robert Jackson, Minute-man School Chairman, explained the need for updating equipment. 10:07 p.m. Alan Lazarus, Precinct 6, asked for more detail. Mr. Jackson stated that there had been an increase in the number of students, salaries and equipment. 10:09 p.m. The Moderator declared Article 4 passed unanimously by voice vote. 10:10 p.m. James Barry, Precinct 1, declared Notice of Reconsideration on Article 4. 10:10 p.m. ARTICLE 5. SALARY ADJUSTMENTS AND COLLECTIVE BARGAINING SETTLEMENTS Presented by William J. Dailey, Jr., Selectman. MOTION: That $315,000 be appropriated for the ensuing fiscal (passed - see Page 113) 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 003-101 Selectmen's Department 004-101 Town Manager's Office 005-104 Temporary Help & Overtime 005-105 Clerical Services 005-131 Director of Guides 039-101 Town Clerk's Office 161-101 Board of Appeals 063-101 Planning Board 017-101 Board of Registrars 487-101 Conservation Commission 621-101 Recreation 024-101 Financial Operations Personal Services 501-101 Health 133-101 Animal Control 101-101 Police Management and Staff 113: (Adjourned Session - 1987 Annual Town Meeting - April 1, 1987, cont.) 101-099 Patrolmen and Sergeants Personal Services 103-101 Fire Management and Staff 103-099 Fire Collective Bargaining Group - Personal Services 113-101 Inspection 300-101 Public Works Personal Services 551-101 Veterans' Services 531-101 Council on Aging 601-101 Library William Spencer, Precinct 6, questioned the figures. 10:12 p.m. The Town Manager explained the procedure and explained that he budgets to "actual." William Welch, Jr. questioned the procedure further. The Town Manager explained the wage increases and the positions filled. There was further explanation by Mr. O'Sullivan, Mr. Barnert, Mr. Dailey, and comments by Mr. Lazarus and Mr. Weiss. Mr. Weiss, Precinct 5, asked that in future years the presentation be presented in a way which would be easier to understand. 10.22 p.m. The Moderator declared the motion offered by Mr. Dailey as unanimously passed by voice vote. 10:22 p.m. ARTICLE 6. SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR (FY87) Presented by William Dailey, Jr., Selectman. MOTION: That the sum of $140,000 be appropriated to be used in (passed- conjunction with the money appropriated under Article 4 of the see warrant for the 1986 Annual Town Meeting for Public Works below Personal Services-Collective Bargaining, and to raise such amount reconsi- $5,354 be transferred from available P.L. 98-185 General Revenue dered Sharing Funds and $134,646 be transferred from the Excess and and amended Deficiency Account. Page 142) Mr. Dailey presented the information on the motion. He stated that this amount was too large to fund from the Reserve Fund. 10:24 p.m. Mr. O'Sullivan stated that the Appropriations Committee recommended favorable action on this motion. 10:25 p.m. Albert Zabin, Precinct 1, asked for what the impact would be if the amount were to be reduced. The Town Manager stated that there would be serious operating difficulties. 10:25 p.m. The Moderator declared the motion offered by Mr. Dailey passed unanimously by voice vote. 10:26 p.m. ARTICLE 7. PRIOR YEARS' UNPAID BILLS Presented by William Dailey, Jr., Selectman, MOTION: That this article be indefinitely postponed. The Moderator declared the motion carried by unanimous vote. 10:27 p.m. ARTICLE 8. SUPPLEMENTAL APPROPRIATIONS 0' A 'I' Y —IVE- MENT PROJECTS MOTION: (a) That the sum of $60,000 be appropriated to be used in conjunction with the funds appropriated under Article 23 of the warrant for the 1986 Annual Town Meeting for improving and upgrading traffic control signals at the intersection of Bedford Street, Revere Street and Hill Street, and to raise such amount $60,000 be transferred from the Reserve Fund - Overlay Surplus. 1 Akdjourned Session - 1987 Annual Town Meeting - April 1, 1987, cont.) (b) That the sum of $65,000 be appropriated for remodeling, reconstructing and making extraordinary repairs to the Bridge School and that to raise this amount $65,000 shall be transferred from the Insurance Reimbursement Account to supplement Article 35B of the 1986 Annnual Town Meeting. John Eddison, Selectman, moved that this article be postponed until Monday, April 27. Mr. Eddison explained that there are no bids at this time and that some are expected back by April 23. A voice vote was taken and the Moderator declared the motion postponed. 10:28 p.m. Shepard Clough served Reconsideration on Article 5 and Article 6. 10:29 p.m. ARTICLE 9. RESERVE FUND Presented by William Dailey, Jr., Selectman, MOTION: That the sum of $250,000 be appropriated for the Reserve (passed- see below) Fund and to raise such amount, $175,000.00 be transferred from the Reserve Fund - Overlay Surplus and $75,000.00 be raised in the tax levy. Mr. Dailey presented the function of the Reserve Fund and procedures related. He explained that the Appropriations Committee is involved in the approval process. 10:31 p.m. Renee Cochin, Precinct 7, asked how much is accumulated in the Reserve Fund. Mr. Dailey answered that there is approximately $125,000 presently in the Fund® Julian Bussgang asked if the Reserve Fund is available to the School Department and received an affirmative response. Mr. O'Sullivan added that the responsibility of the Appropriations Committee is shared with the Selectmen and urged approval. William Welch, Jr., asked what the tax rate would be in relation to this and Mr. Dailey answered eight cents. The Moderator declared the motion carried unanimously by voice vote. 10:34 p.m. ARTICLE 10. TAX ANTICIPATION BORROWING Presented by William Dailey, Jr., Selectman. MOTION: That the Town Treasurer, with the approval of the (passed- Selectmen, be authorized to borrow money from time to time in see below) anticipation of the revenue for the fiscal year beginning July 1, 1987 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. Mr. Dailey listed the corporate citizens who had paid their anticipated taxes early. The Moderator declared the motion carried unanimously. 10:35 p.m. ARTICLE 11. UNEMPLOYMENT COMPENSATION FUND Offered by William Dailey,Jr., Selectman. MOTION: That this article be indefinitely postponed. The Moderator declared Article 11 indefinitely postponed by unanimous voice vote. 10:37 p.m. (Adjourned Session - 1987 Annual Town Meeting - April 1, 1987, cont.) ARTICLE 12. CONSERVATION FUND Presented by Angela Frick, Precinct 4, speaking for the Conservation Commission. MOTION: That the sum of $25,000.00 be appropriated for the (passed- Conservation Fund and that such amount be raised in the tax levy, see below) Mrs. Frick explained that this is an annual request to replenish the fund which is used for title search, appraisals, opinion of value, acquiring small parcels of land, and the like. John Eddison, speaking for the Selectmen, and Michael O'Sullivan, for the Appropriations Committee, urged favorable action. The Moderator declared the motion carried by unanimous voice vote. 10:40 p.m. • ARTICLE 13. Arthur C. Smith moved adjournment. The Moderator declared the Meeting adjourned until Monday, April 6, at 8 p.m. A true copy. Attest: Bernice H. Fallick, Town Clerk ADJOURNED SESSION - 1987 ANNUAL TOWN MEETING APRIL 6, 1987 The meeting was called to order by the moderator Margery M. Battin at 8:02 p.m., in Cary Memorial Hall. There were 183 Town Meeting Members present. The invocation was offered by the Reverand Msgr. John P. Keilty, St. Brigid's Church. 8:03 p.m. The Moderator offered the Town's appreciation to Stephen Cripps, Planning Board member, who will be moving from Lexington. 8:05 p.m. The Moderator stated that Article 2 will be open throughout. Judith Uhrig, Planning Board, explained that the Planning Board will hold an information meeting within the Town Meeting on April 15 in order to outline Article 43 and to ask for comments and questions, and to aid in any possible amendments which will be offered because of the ramifications of making changes from the floor. 8:08 p.m. In reply to a question from Robert Rotberg as to exactly what time the information meeting would be held, Mrs. Uhrig replied in the middle. 8:09 p.m. ARTICLE 13. STABILIZATION FUND MOTION: That the sum of $300,000 be appropriated for a (passed-see stabilization fund in accordance with G.L. Chapter 40, Section below 5-B, and that such amount be raised in the tax levy, reconsidered and amended-see Presented by John Eddison, Selectman. 8:10 p.m. Page 144) This fund will be a hedge against the future allowing the Town to respond effectively. There is no penalty as to state reimbursement funds. Mr. Eddison listed several priority items for expenditures. 8:15 p.m. John Hayward, Precinct 5, asked where the money would be placed. The Town Manager replied that it would be invested with other town monies. 8:16 p.m. In reply to a question from Ronald Levy, Precinct 1, Mr. Eddison replied that there is no free lunch. The $300,000 for this purpose will not be available for other purposes. 8:17 p.m. Michael O'Sullivan stated the Appropriations Committee approval, thinking of it as an investment plan and a tax shelter which still allows us favorable state assistance. Richard Michelson stated the support of the Capital Expenditures Committee. 8:19 p.m. The motion carried by voice vote. 8:19 p.m. Robert Rotberg, Precinct 3, served Notice of Reconsideration. 8:19 p.m. - - ARTICLE 14. ESTABLISHMENT OF ENTERPRISE FUNDS MOTION: That the Town accept Section 39K of Chapter 40 of the (passed - General Laws for the establishment of a water enterprise fund see Page and a sewer enterprise fund. 117) Presented by Jacquelyn Smith, Selectman. 8:20 p.m. This will be the beginning of management of skyrocketing costs through user fees. The Town Meeting still authorizes the money to be brought out ] (Adjourned Session - 1987 Annual Town Meeting - April 6, 1987, cont.) of these funds. The annual budget for each fund must be prepared in time for annual town budget. The interest remains in the fund. 8:27 p.m. Renee Cochin, Precinct 7, asked a series of questions and Mrs. Smith replied that once funded, they cannot be transferred; that no other enterprise funds are anticipated at this time and that they are limited by the state; that the Board of Selectmen is the appropriate entity to determine uses. 8:30 p.m. Ephraim Weiss, Precinct 5, spoke in support and thanked Representative Doran for the informational material. 8:31 p.m. The Moderator declared the motion carried by a nearly unanimous voice vote. 8:31 p.m. ARTICLE 15. WORKMEN'S COMPENSATION SELF INSURANCE (passed- MOTION: That the Town accept Section 13A of Chapter 40 of the see below) General Laws. Presented by Jacquelyn Smith. 8:32 p.m. The Town is self-insuring for Workmen's Compensation costs. The money is retained until needed and may be used as investment income. The money would be managed by the Trustees of the Public Trust. William Welch, Precinct 2, asked what proportion is administrative costs. Mrs. Smith replied $15,000. 8:36 p.m. Julian Bussgang, Precinct 4, asked if there were some kind of insurance on top of self-insurance, and Mrs. Smith replied that there is catastrophic coverage. 8:36 p.m. In reply to Robert Donnitz, Precinct 6, Susan Adler, Assistant to the Town Manager, outlined the claims procedures. 8:37 p.m. The Moderator declared the motion carried by unanimous voice vote. 8:38 p.m. ARTICLE 16. MASSACHUSETTS WATER RESOURCES AUTHORITY MOTION: That the sum of $1,796,319 be appropriated for the cost (passed- of the delivery of water and for sewage collection, disposal and see treatment services provided by the Mass. Water Resources below) Authority, and that such amount be raised in the tax levy. Presented by Jacquelyn Smith, Selectman. 8:40 p.m. The Town is to be part of the cleanup efforts. Michael O'Sullivan voiced the Appropriations Committee approval. The Moderator declared the motion carried by unanimous vote. 8:40 p.m. ARTICLE 17. WATER MAINS MOTION: That the Selectmen be and they hereby are authorized to install new or replacement water mains and clean and line (passed- existing water mains in such accepted or unaccepted streets or see other land as the Selectmen may determine, subject to the Page 118 assessment of betterments or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or reconsidered interest in land necessary therefor; to appropriate the sun of and $550,000 for such installation and land acquisition; and that to amended raise such amount $10,000 be transferred from the Unreserved Page 143) Fund-Special Assessments and $540,000 be raised in the tax levy. 'MR Adjourned Session - 1987 Annual Town Meeting - April 6, 1987, cont.) Presented by Leo McSweeney, Selectman. 8:41 p.m. The original amount is being reduced as part of the Selectmen's response to the vote on Article 4. Frank Sandy, Precinct 6, asked for coordination of street paving, sewer and water repair. Frank Fields, Town Engineer, explained that cleaning and lining of pipes does not require extensive excavation. 8:45 p.m. Eugene Lee, Precinct 5, asked how the reduction of $50,000 will affect the program. The Town Manager stated that certain streets will be dropped off according to a priority list. 8:46 p.m. Sheldon Spector, Capital Expenditures Committee, made the following motion under Article 17: not The figure of $550,000 be revised to $400,000 and the figure of (did pass- $540,000 be revised to $390,000. see below) 8:48 p.m. Leo McSweeney, for the Selectmen, urged defeat of the motion presented by Mr. Spector, as did Michael O'Sullivan, Appropriations Committee. 8:50 p.m. Alan Lazarus, Precinct 6, questioned the lifespan of pipes; the Town Manager replied +1- 50 years. 8:52 p.m. The Moderator declared that the amendment offered by Mr. Spector did not carry. 8:53 p.m. Following the vote on the motion offered by Mr. McSweeney, the Moderator declared a nearly unanimous passage. 8:54 p.m. Richard Michelson, Captt,a1 Expenditures Committee, served Notice of Reconsideration. 8:54 p.m. ARTICLE 18. WATER LEAK DETECTION MOTION: That the sum of $35,000 be appropriated for the purpose (passed- of detecting leaks in water mains; that such amount be raised in see Page the tax levy; and that the Selectmen be authorized to apply for, 119) accept, expend and borrow in anticipation of state aid for such project. Presented by Leo McSweeney, Selectman. 8:54 p.m. This is an attempt to trace water lost after entering the MWRA system and not accounted for by user fees. Following a question concerning accuracy by William Welch, Precinct 2, Richard Spiers, Public Works Department, stated that the listening devices can locate within a foot of a leak. 8:58 p.m. Julian Bussgang, Precinct 4, asked why the fund just voted was not being directed for this purpose, and was told that the Enterprise Fund does not exist at this time. William Frazer, Precinct 5, further questioned Mr. Spiers as to engineering. Sam Nablo, Precinct 6, asked if the Town should purchase the equipment to do testing and the Town Manager stated that costs would be investigated. 9:01 p.m. Robert Rotberg, Precinct 3, referred to previous tests and the Town Manager replied that those had involved the sanitary sewers. 9:04 p.m. Ephraim Weiss, Precinct 5, and Eugene Lee, Precinct 5, further questioned the procedures. 9:07 p.m. Michael O'Sullivan, Appropriations Committee, stated it is a cost effective mechanism. 9:08 p.m. 119 (Adjourned Session - 1987 Annual Town Meeting - April 6, 1987, cont.) William Fraser, Precinct 5, and James Barry, Precinct 1, raised questions on procedures which were answered by the Town Manager. 9:10 p.m. The Moderator declared the motion passed by voice vote. 9:11 p.m. ARTICLE 19. INSTALL DRAINS/WIDENING, DEEPENING OR ALTERING BROOKS MOTION: That this article be indefinitely postponed. Presented by Leo McSweeney, Selectman, The Moderator declared the motion indefinitely postponed. 9:12 p.m. ARTICLE 20. CONSTRUCT SIDEWALKS MOTION: That the Selectmen be and they hereby are authorized to - construct or reconstruct concrete, bituminous concrete or other (passed see sidewalks, and to take by eminent domain, purchase or otherwise below) acquire any fee, easement or other interest in land necessary therefor; to appropriate the sum of $140,000 for such construction or reconstruction and land acquisition, and that to raise such amount $140,000.00 be transferred from the Unreserved Fund-Special Assessments. Presented by William Dailey, Jr., Selectman. 9:13 p.m. Mr. Dailey outlined the route of the sidewalk and read a letter from the League of Women Voters in support. Sandra Shaw, Precinct 4, questioned the slide presented by Peter Chalpin, which he further explained. In response to Joel Adler, Precinct 1, Mr. Dailey replied that all sidewalks henceforth will be handicapped accessible. 9:19 p.m. In reponse to William Spencer, Precinct 6, it was noted that there would be an information meeting to notify and explain the plans to abutters. 9:20 p.m. Margaret Brooke, Precinct 6, said it would be more logical to have the sidewalk on the other side of the street. Frank Field, Engineer, explained the choice, the impacts, the retaining wall, and the need for a railing if on the opposite side of the street. 9:21 p.m. Lynda Wik voiced the School Committee support. 9:22 p.m. Florence Connor, Precinct 8, stated the need for a crossing guard and Mr. Dailey stated that the Traffic Advisory Committee would be consulted. 9:23 p.m. Paul Hamburger, Precinct 5, stated his support and asked for an update on last year's sidewalk article. 9:24 p.m. Mr. Dailey stated that by May 1 the contract would be out for bid. 9:25 p.m. Mr. O'Sullivan stated support by the Appropriations Committee. 9:25 p.m. Donald Giller, Precinct 4, asked if all sidewalks were to be bituminous concrete. Mr. Dailey replied in the affirmative except for those where aesthetic consideration needed to be taken into account. Robert Domnitz stated his concern for sidewalks to be cleared of snow. Joanne Brown speaking from the balcony urged support. 9:27 p.m. The Moderator declared the vote to be unanimous. 9:28 p.m. (Adjourned Session - 1987 Annual Town Meeting - April 6, 1987, cont.) ARTICLE 21. SANITARY SEWERS MOTION: That this article be indefinitely postponed. Presented by William Dailey, Jr., Selectman. 9:28 p.m. Mr. Dailey asked for the indefinite postponement as there are no projects by the Town. He explained the intent to address the sewer main and sewer systems in the Chandler Street area next year. In response to a question from Robert Rotberg, Precinct 3, he gave the history of the problem, stating that there was no health problem. Ephraim Weiss, Precinct 5, stated that this problem needed to be judged on its own. 9:31 p.m. The Moderator declared the postponement to be unanimous.9:31 p.m. ARTICLE 22. PUBLIC WORKS EQUIPMENT MOTION: That the sum of $300,000 be appropriated for the (passed- purchase by or with the approval of the Selectmen of equipment see below) for the Department of Public Works, and that such amount be raised in the tax levy. Presented by William Dailey, Jr., Selectman. 9:33 p.m. Esther S. Arlan, Capital Expenditures Committee, presented the following motion: The sum of $250,000.00 be substituted for the amount of (did not pass- $300,000.00. see below) 9:36 p.m. Mr. Dailey urged defeat of Mrs. Arlan's motion. Mr. O'Sullivan stated that the Appropriations Committee support the Selectmen on full appropriation as an investment in equipment. Carol Grodzins, Precinct 3, urged that a cut be made here rather than in the School Budget. Richard Michelson, Capital Expenditures Committee, stated that all the equipment could be purchased for $250,000 without jeopardizing the town's equipment. James McLaughlin, Precinct 8, stated that repair costs will make up the $50,000. The Moderator declared the motion offered by Mrs. Arlan not passed. 9:54 p.m. The Moderator declared the motion offered by Mr. Dailey passed almost unanimously. 9:45 p.m. Sheldon Spector, Capital Expenditures Committee, served Notice of Reconsideration. 9:45 p.m. ARTICLE 23. STREET IMPROVEMENTS MOTION: That the Treasurer with the approval of the Selectmen be - authorized to issue Highway Reimbursement Notes of the Town under (passed G.L. C. 44, sec. 6, as amended, in anticipation of reimbursement see Page by the Commonwealth for highway reconstruction and improvements 121) under the authority of Chapter 90 of the General Laws as funded, 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 $300,000 be appropriated for highway improvements, and that such amount be raised in the tax levy. Presented by William Dailey, Jr., Selectman. 9:45 p.m. ') A ] (Adjourned Session - 1987 Annual Town Meeting - April 6, 1987, cont.) Mr. Dailey stated that this is the annual street resurfacing program. Mr. O'Sullivan, Appropriations Committee, voiced support. Ephraim Weiss, Precinct 5, asked how much is requested on the tax levy and was told $300,000. The Moderator declared the motion unanimously passed. 9:48 p.m. ARTICLE 24. PARKING LOT OPERATION AND MAINTENANCE MOTION: That the sum of $125,000 be appropriated for parking lot operation and maintenance in the Town, and that such amount be (passed- transferred from Parking Funds. see below) Presented by Paul Marshall, Selectman. 9:49 p.m. Mr. Marshall explained the procedures. Mr. O'Sullivan, Appropriations Committee, recommended favorable action. The Moderator declared the motion to have passed unanimously. 9:51 p.m. ARTICLE 25. TRAFFIC SIGNALS MOTION: That the sum of $60,000 be appropriated for improving (passed- and upgrading traffic control signals at the East Lexington see Page Branch Library and other locations in Town, and that such amount 122) be raised in the tax levy. Presented by Paul Marshall, Selectman. 9:52 p.m. Sheldon Spector, Capital Expenditures, moved to postpone until after Article 8. Article 8 is being rebid and there is currently no actual cost. There was further discussion: Nathan Becker, Precinct 1; Richard Schaye, Precinct 9; James Barry, Precinct 1; Vicky Schwartz, Precinct 2; Martin Hagerty, Precinct 7; Alan Lazarus, Precinct 6; speaking in favor of not postponing. 10:01 p.m. Richard Michelson, Capital Expenditures, reminded the Meeting that $60,000 had been budgeted for the Bedford Street light and it was not within cost. 10:01 p.m. The Moderator declared that the subsidiary motions did not prevail. 10:02 p.m. Marita Hartshorn, Precinct 2, urged voting against the main motion; Donald Giller, Precinct 4, urged a look at all of Massachusetts Avenue; Elaine Dratch, Precinct 5, stated that Munroe School is occupied and stated that in the light of the difficulty of getting bids, that bidding both at once should be considered. She was told that this one could not go out until July. John Sackton, Precinct 2, said it is a public safety issue. 10:09 p.m. There was considerable discussion as to the need for the light. The following spoke in favor: Joel Adler, Precinct 1; Kathy England, 34 Grant Street; Eugene Beauchemin, citizen of Precinct 2; Myla Kabat-Zinn, President of the East Lexington Neighborhood Association; Michael O'Sullivan, Appropriations Committee. 10:15 p.m.. There was discussion by Joy Buchfirer, Precinct 3, and Mr. Marshall as to the sequence of the colors of the lights. Robert Domnitz, Precinct 6, voiced support 10:17 p.m. Sheldon Spector, Precinct 8, stated that the light was not working properly and questioned the whereabouts of the police. 10:19 p.m. Martin Hagerty, Precinct 7, urged support, as did Nathan Becker, Precinct 1. Michael Golay, Precinct 6, asked for parking restrictions. Karen Dooks urged support. 10:23 p.m. 1 ' 2 (Adjourned Session - 1987 Annual Town Meeting - April 6, 1987, cont.) William Fraser, Precinct 5, moved the question. The Moderator declared the motion passed. 10:24 p.m. The Moderator declared the main motion passed nearly uananimously. 10:25 p.m. ARTICLE 26. REPLACE OIL STORAGE TANKS MOTION: That the sum of $15,000 be appropriated to replace town (passed- owned oil storage tanks, and that such amount be raised in the see below) tax levy. Presented by John Eddison, Selectman. 10:25 p.m. Mr. Eddison explained that the testing would be to ascertain the structural integrity and replacement when necessary. Joel Adler, Precinct 1, and Richard Schaye, Precinct 9, spoke in support. Fire Chief John Bergeron answered several questions concerning tanks, connections, fiberglass vs. steel. 10:30 p.m. Michael O'Sullivan, Appropriations Committee, and Richard Michelson, Capital Expenditures Committee, recommended favorable action. Chief Bergeron stated the intent to begin the program this spring after heating season is over. 10:32 p.m. Angela Frick, Precinct 4, rose for a Point of Personal Privilege to thank those responsible for the new speakers in the auditorium. 10:33 p.m. The Moderator declared the motion presented by Mr. Eddison as passed unanimously. 10:34 p.m. Mr. Eddison moved for adjournment until Wednesday, April 8, at 8 p.m. The Moderator declared the meeting adjourned. 10:35 p.m. A true copy. Attest: ///, Bernice H. Fallick, Town Clerk 2; ADJOURNED SESSION - 1987 ANNUAL TOWN MEETING APRIL 8, 1987 The meeting was called to order by Moderator Margery M. Battin at 8:02 p.m., in Cary Memorial Hall. There were 181 Town Meeting Members present. The invocation was offered by Rabbi Bernard Eisenman of Temple Emunah. 8:04 p.m. ARTICLE 2. REPORTS Joyce Miller, Conservation Commission Chairman, asked that the Land Bank Report be accepted and placed on file. It will be brought up on April 27. 8:07 p.m. The Moderator declared the report accepted and placed on file. 8:08 p.m. ARTICLE 27. SENIOR CENTER HEATING MOTION: That the sum of $75,000 be appropriated for making (passed- extraordinary repairs to the Senior Center, and that such amount see be raised in thetax levy. below) Richard Battin abstaining, Norman Cohen, Town Counsel, serving as Moderator. Presented by John Eddison. 8:08 p.m. The healing is inadequate at floor level. The problems are due to a combination of factors and the proposal is for a heating engineer's solution. Julian Bussgang had suggested an architectural study and Mr. '.... Eddison asked for the motion to be approved with a commitment that an architectural study funded by the Town Manager's Professional Services Budget be done. 8:14 p.m. Dorothy Boggia, Chairman of the Council on Aging, reported on the situation. 8:15 p.m. Joel Adler, Precinct 1, wondered to what degree the developer is responsible. 8:17 p.m. Mr. Eddison replied that in the overall context the architect did a good job. 8:19 p.m. The Town Manager stated that it would be highly unlikely for any recourse to be obtained against the developer. 8:21 p.m. Nathan Becker, Precinct l., moved the motion but was declared out of order as heprefaced his motion with comments. 8:21 p.m. Michael O'Sullivan, Appropriations Committee, stated approval. 8:22 p.m. James McLaughlin, Precinct 1, moved the motion. The Moderator declared the motion passed by unanimous vote. 8:23 p.m. ARTICLE 28. EXHAUST FANS AT 201 BEDFORD STREET MOTION: That the sum of $30,000 be appropriated to purchase and (passed- install exhaust fans at the Public Works building, and that such see amount be raised in the tax levy. Page 124) Presented by Leo McSweeney, Selectman. 8:24 p.m. nil /,1 (Adjourned Session - 1987 Annual Town Meeting - April 8, 1987, cont.) Michael O'Sullivan stated that the Appropriations Committee gives its approval. 8:25 p.m. Ephraim Weiss, Precinct 5, asked if exhaust hoses and pipes are available. 8:26 p.m. Mr. McSweeney stated yes, in some areas. Mr. Weiss asked if it would not be more economical to uses hoses. 8:27 p.m. James McLaughlin, Precinct 8, voiced support of the fans in order to pull exhaust out quickly. 8:29 p.m. Sam Nablo, Precinct 6, urged support stating that diesel exhaust gives off nitrous oxide. 8:30 p.m. Frank Sandy, Precinct 6, asked why not use pipes in the warmup area. Mr. McSweeney stated that because of the configuration, fans wuld be best. 8:31 p.m. William Spencer, Precinct 6, asked how the heating cost would be affected and was told that this area is not heated. 8:31 p.m. Nathan Becker, Precinct 1, asked if the size of the fans had been determined. Mr. McSweeney stated that twelve 36" updraft fans would be used and posed no danger to the neighborhood. 8:32 p.m. The Moderator declared the motion carried. 8:33 p.m. ARTICLE 29. MUNROE SCHOOL REROOFING MOTION: That the sum of $40,000 be appropriated for the purpose of making extraordinary repairs to the Munroe School building, (passed- see below) and that such amount be raised in the tax levy. Presented by Leo McSweeney, Selectman. 8:33 p.m. The roof has developed leaks. It is under lease but remains in the Town's inventory. Appropriations and Capital Expenditures Committees voiced support. 8:34 p.m. Marion Reilly, Precinct 3, asked if improvement costs are passed along via rental increases. Mr. McSweeney stated that modest increases are passed along as the new tenants have come in. The large jobs are in the Town's area. 8:36 p.m. Elaine Dratch, Precinct 5, stated that Share A Ride had put in $13,000 in improvements without passing along costs to the Town. 8:37 p.m. Louis LeBlanc, Precinct 9, said that repairs should be made now to avoid more extensive costs later. The Moderator declared a unanimous vote. 8:38 p.m. ARTICLE 30. FIRE ENGINE AND BUCKET TRUCK CHASSIS MOTION: That the sum of $198,000 be appropriated to purchase a (passed- fire engine and bucket truck chassis for the Fire Department, see Page that such amount be raised in the tax levy, and that the 125) Selectmen be authorized to trade in or sell an existing fire engine and bucket truck chassis with the proceeds to be applied to the new equipment. Presented by William Dailey, Selectman. 8:38 p.m. Mr. Dailey explained the problems with current equipment. William Fraser, Precinct 5, questioned which equipment was located on which vehicle and Chief Bergeron responded. 8:42 p.m. 125 (Adjourned Session - 1987 Annual Town Meeting - April 8, 1987, cont.) Appropriations and Capital Expenditures gave support. 8:43 p.m. The Moderator declared a unanimous vote. 8:44 p.m. ARTICLE 31. LINCOLN STREET DEVELOPMENT MOTION: That the sum of $180,000 be appropriated to carry out (passed- Phase II of the Lincoln Street Recreation Area improvements as see determined by the Recreation Committee with the approval of the Page Board of Selectmen, and that such amount be raised in the tax 126) levy. Presented by Carolyn Wilson, Recreation Committee. 8:45 p.m. Mrs. Wilson presented the history of the Lincoln Street Development. This is Phase 2, with one multipurpose field and one softball field. 8:51 p.m. Julian Bussgang, Precinct 4, questioned if new technology has been developed to aid in rapid drainage of the fields. Alan Lazarus, Precinct 6, asked if some can be done this year and some next. Is there a Five Year Plan? 8:53 p.m. Mrs. Wilson stated that they hoped to rest a field in order to prevent extensive deterioration. The Recreation Office does have a plan. 8:55 p.m. Sharon MacDonald, Precinct 8, asked about user fees. William Welch, Precinct 2, asked if test pits had been done. 8:56 p.m. Mrs. Wilson said there are user fees; all filling and leveling must be done above the landfill cap. 8:57 p.m. Michael O'Sullivan, Appropriations Committee, recommended unfavorable action® This will put us over the levy limit. A list of priorities should be established and this is one to be eliminated. 9:01 p.m. John Eddison, Selectman, said we must resist apple pie. This doesn't have to happen this year and it will be done at the expense of some others. The Stabilization Fund does not exist as yet and when it does, it is for emergency situations which this is not. 9:06 p.m. Richard Michelson, Capital Expenditures, stated that they see a need for the project. 9:07 p.m. Paul Newman, School Committee, stated strong support and expanded high school usage. 9:08 p.m. Robert Rotberg, Precinct 3, spoke in favor, as did Carol Grodzins, Precinct 3. 9:12 p.m. Louis LeBlanc, Precinct 9, offered the following amendment: MOTION: That the amount of $180,000 be struck out and the sum of $120,000 be inserted. 9:12 p.m. (not passed-see Page 126) Mrs. Wilson stated that the Committee would do what it could with what it had. Eugene Lee, Precinct 5, asked if the fields could be done separately. Mrs. Wilson replied that money would be saved if done together. 9:14 p.m. Michael Golay served Notice of Reconsideration on Articles 27, 28, 29, but the half-hour period during which Reconsideration could occur had expired on all. 9:16 p.m. 19r, (Adjourned Session - 1987 Annual Town Meeting - April 8, 1987, cont.) Vicky Schwartz, Precinct 2, spoke in favor, as did Richard Schaye, Precinct 9. 9:21 p.m. James McLaughlin, Precinct 8, stated that the time was now. Construction is going on all over and will only increase in cost with time. 9:22 p.m. The Moderator declared the motion presented by Mr. LeBlanc as not carried following a voice vote. 9:22 p.m. Albert Zabin, Precinct 1, speaking in support, said there is no fat in this budget. Either we cut back on services or we ask for an override. 9:26 p.m. Ephraim Weiss, Precinct 5, asked for the impact of Town Meeting voting money in excess of 2 1/2, and was told it violated state law. 9:27 p.m. The Town Manager explained that the money could come from Articles under Reconsideration or they would have to go to Free Cash. 9:28 p.m. Frederick Hagedorn, Precinct 1, asked where the receipts go and Mrs. Wilson answered that over $90,000 in user fees goes to the Town. 9:33 p.m. The Town Manager stated that some programs pay for themselves and others are funded through public support. In answer to Setha Olsen, Precinct 6, he said that the fiscal policy is not to commit more than half of what you have. The Free Cash account cannot be raidly freely, that we need to start even rather than in the hole. 9:38 p.m. Catherine Abbott, Precinct 7, spoke for people in her precinct and voiced support. 9:39 p.m. Frank Sandy, Precinct 6, said he didn't know what the limit is. The approach has been too conservative. 9:41 p.m. Michael O'Sullivan, Appropriations Committee, and Paul Marshall, Selectman, explained that the re-evaluation year was special and because of it there was much more capacity. 9:46 p.m. James Barry, Pr. 1, spoke against. Albert Zabin, Pr.1, spoke in favor of an override. 9:50 p.m. Patricia Swanson, Pr. 5, stated that the Town had voted for 2 1/2, that it is a question of budgeting and what we can and can't have. 9:51 p.m. Dan Fenn, Pr. 4, asked if the Stabilization Fund could be used next year if a 2/3 vote prevailed. Mr. Eddison answered yes, if the Fund is approved. At present there is no money in it. 9:53 p.m. The Moderator declared the motion to have carried. 9:53 p.m. James Barry, Pr. 1, served Notice of Reconsideration. 9:53 p.m. ARTICLE 32. RECONSTRUCTION OF CENTER PLAYGROUND BASKETBALL COURTS MOTION: That the sum of $27,000 be appropriated for the purpose (passed- of rehabilitating the Center Playground basketball courts, and see below) that such amount be raised in the tax levy. Sam Nablo, Pr. 6, presented the history, stating that it ranks high in terms of numbers served. 9:54 p.m. Richard Michelson, Capital Expenditures, and Michael O'Sullivan, Appropriations Committee, voiced support, as did Leo McSweeney, speaking for the Selectmen. 10:01 p.m. The Moderator declared the motion to have carried. 10:01 p.m. 127 (Adjourned Session - 1987 Annual Town Meeting - April 8, 1987, cont ARTICLE 33. IMPROVEMENT OF PLAYGROUND PLAY EQUIPMENT MOTION: That the sum of $10,000 be appropriated for the purpose (passed- of purchasing new playground equipment, and that such amount be see raised in the tax levy. below) Presented by Judith Marshall with the history and slides showing the current conditions. 10:02 p.m. The Appropriations Committee, Capital Expenditures Committee, and the Board of Selectmen all supported the motion. 10:11 p.m. Katherine Whyte, Pr.3, made the following motion: MOTION: That the motion under article 33 be amended to insert the following: "provided that the first priority be the replacement of the Franklin equipment that was removed in the process of construction." 10:12 p.m. (not passed-see below) Mrs. Marshall stated that the first priority was to replace unsafe equipment. 10:14 p.m. Following a voice vote, the Moderator declared that the Amendment offered by Mrs. Whyte did not carry. 10:15 p.m. The Moderator declared the motion offered by Mrs. Marshall to have been carried unanimously. 10:15 p.m. ARTICLE 34. CONSERVATION PURCHASE - TOWER PARK ADDITION MOTION: That the Conservation Commission be authorized to purchase or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Con- servation Commission for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the (passed- General Laws, as amended, any fee, easement or conservation see Page restriction as defined in Section 31 of Chapter 184 of the 128. General Laws, or other interest in all or any part of land shown as Lot 37 on Assessors' Property Map 30; that the sum of reconsidered and $180,000 be appropriated for such land acquisition and that such amended - see amount be raised in the tax levy. Page 142) Presented by David Williams, Conservation Commission. 10:16 p.m. Mr. Williams gave the history and current position of the 2.5 acres adjacent to Tower Park currently available for sale . 10:21 p.m. Sam Silverman, Pr.5, speaking in support, stated that the wall of spending had been hit and urged reconsideration of all the money articles. 10:26 p.m. Tucker Smith, Chairman of Munroe Tavern, spoke of providing open space. 10:26 p.m. John Eddison, Selectman, opposed acquisition stating that not all conservation land is equal. This piece is desirable but not essential. 10:30 p.m. Michael O'Sullivan, Appropriations Committee, recommended unfavorable action. 10:31 p.m. Marita Hartshorn, Pr.2, urged purchase in order to continue the bike path in the area. 10:32 p.m. John McWeeney, Pr.3, and Michael Golay, Pr. 6, spoke in support. Mr. Williams stated that there had been no active courting of land owners, and explained the Master Plan. Mr. Eddison mentioned that he had heard that the Golf Course had been sold. There were properties more significant than Tower Park and the money was needed for the big ones. 10:37 p.m. 12 (Adjourned Session - 1987 Annual Town Meeting - April 8, 1987, cont.) Eugene Lee, Pr.5, stated that this is a bird in the hand. 10:39 p.m. Sheldon Spector, Capital Expenditures, spoke against. 10:42 p.m. There was discussion as to the possibility of screening with trees if the land were to be developed. 10:44 p.m. On the question of Marshall Derby, Mr. Eddison stated that he had "heard" of the sale, that there would be a 5 or 10% reduction.10:45 p.m. Erna Greene, Pr.3, asked how much money is in the Conservation Fund. Mr. Williams replied $37,000 at this moment and $25,000 for this year. 10:46 p.m. In response to Julian Bussgang, Mr. Williams stated that the price is consistent with the opinion of value. Mr. Bussgang stated that the land is worth the money and that the most significant parcels are those seen from the main arteries. 10:51 p.m. Judith Uhrig, Planning Board Chairman, voiced support. 10:52 p.m. Paul Marshall, Selectman, stated that the Conservation Fund is to handle smll pieces as they come up. 10:54 p.m. Dan Fenn, Jr., Pr.4, and Ephraim Weiss, Pr.5, spoke in favor. Mr. Weiss stated that Town Meeting had had the widsom to overrule the Selectmen and the Appropriations Committee on several other Conservation Parcels. 10:58 p.m. The Moderator not having tallied a unanimous voice vote, called for a Standing Vote. 10:58 p.m. The clerks reported the vote as follows: Precincts Yes No 1 11 2 1 abstention 2 13 3 3 13 5 4 16 2. 5 12 4 6 13 3 7 11 3 8 10 4 9 12 3 At large 14 9 Totals 125 38 The Moderator declared the motion presented by Mr. Williams to have carried, 2/3rds of those present and voting having voted in the affirmative. 11:03 p.m. Sam Silverman, Pr.5, served Notice of Reconsideration. 11:03 p.m. John Eddison moved that the Meeting be adjourned until Wednesday, April 15, at 8 p.m. The Moderator declared the meeting adjourned. 11:04 p.m. A true copy. Attest: 400 Bernice H. allick, Town Clerk i l9 ADJOURNED SESSION - ANNUAL TOWN MEETING APRIL 15, 1987 The meeting was called to order by Moderator Margery M. Battin at 8:02 p.m. in Cary Memorial Hall. There were 169 Town Meeting Members present. The invocation was offered by Rev. Peter Hunt Meek of Hancock Uuited Church of Christ. 8:04 p.m. ARTICLE 2. REPORTS John Eddison, Chairman, Board of Selectmen, made a report in two parts. The first part was a review of the budget undertaken by the Board of Selectmen. Town Meeting has so far added to the proposed budget bringing it $388,000 over the levy limit, with votes on Articles 31 and 34, and the prior shortfall. Recommendations being made by the Select- men were for $100,000 out of the stabilization fund, $150,000 out of water main rehabilitation and the balance out of free cash, leaving the $28,000 original shortfall to he accommodated in local receipts. The Board of Selectmen were not unanimous on the recommendations. One worried about intrast ructure. Mr. Eddison also spoke on the tax rate projection by the Town Manager. Each of the next two years the Town will be over the tax levy worse than the previous year. The other part was suggestions on the remaining town meeting schedule. Tonight Articles 35 and 36 to be Indefinitely Postponed and Tabled, followed by Articles 37, 38 and 39. The balance oftonight to be devoted to Article 43 information. And if there is time Article 40. Monday, April 27 to begin with Article 8, then reconsideration of Articles 13 and 17, to rebalance the overall budget. It was asked that other reconsideration budget articles be brought up then also. Then Article 41. Wednesday, April 29 to do Articles 42, 43, etc. May 4 and 6 should wind up the general town meeting. The Board of Selectmen voted tonight to call a Special Town Meeting for Monday, May 11, in response to a valid citizens petition. 8:18 p.m. James Shaw, Pr. 1, announced that a Special Town Meeting will be held to address the establishment of a condominium conversion by-law, composed of three parts. Mr. Shaw gave general information. 8:20 p.m. Robert Domnitz, Pr. 6, asked if standing votes on every spending article to establish a list of town meeting priorities would be useful. 8:22 p.m. John Eddison, Chairman, Board of Selectmen, defended the present system as the best and most orderly way. 8:23 p.m. ARTICLE 35. CONSERVATION PURCHASE - GREAT MEADOWS ADDITION MOTION: That this article be indefinitely postponed. Presented by John S. Willson, Conservation Commission. 8:23 p.m. Mr. Willson explained negotiations for the land have been discon- tinued. Ways continue to be explored to acquire the land. 8:24 p.m. The Moderator declared the postponement to be unanimous. 8:24 p.m. ARTICLE 36. CONSERVATION PURCHASE - UPPER VINE BROOK Francis Smith, Conservation Commission, moved that this Article be placed on the Table. 8:24 p.m. The Moderator declared a unanimous vote to Table. 8:25 p.m. 1() (Adjourned Session - Annual Town Meeting - April 15, 1987, cont.) (Adjourned Session - 1987 Annual Town Meeting - April 15, 1987, cont.) ARTICLE 37. CARY LIBRARY COMPUTER EQUIPMENT (passed- MOTION: That the sum of $35,000 be appropriated for the purchase of see additional computer equipment for Cary Memorial Library, and that such below) amount be raised in the tax levy. Presented by William J. Dailey, Jr., Board of Selectmen. 8:25 p.m. Mr. Dailey mentioned a capital article to fund renovation project of the library will appear next year. Mr. Dailey hoped observation would be made during the year of that which will be called to attention and on which funds will be requested. 8:26 p.m. Frederick Frick, Chairman, Advisory Committee of Cary Memorial Library, proposed the library computer, and answered questions. The annual maintenance cost anticipated is $2,400, of which none will be paid the first year. This is involved primarily in hardware acquisition. Delays can't really be answered at the moment. Delays will depend on use. This phase will be the extension of the circulation system and upgrading of hardware for public access to the data base. And the long term plans will deal with sometime in the next five years a larger computer and at that time if the technology exists replacement of the card catalog. 8:32 p.m. Michael O'Sullivan, Appropriation Committee, recommended favorable action. It is believed to be cost effective. 8:34 p.m. Richard Michelson, Capital Expenditure Committee, recommended adoption of the article. 8:35 p.m. H. Bigelow Moore, Pr. 6, asked how to use the terminal, and if the system had been tried in other towns. 8:37 p.m. Mr. Frick replied that there would be function keys for use, and it had been tried elsewhere. 8:38 p.m. The Moderator declared a unanimous vote. 8:38 p.m. ARTICLE 38. LEXPRESS MINI-BUS TRANSPORTATION SYSTEM MOTION: That the sum of $246,500 be appropriated for a local trans- (passed- portation system, that such amount be raised in the tax levy, and that the Selectmen be authorized to apply for, accept and expend funds see from the M.B.T.A. or any other governmental agency in connection with Page 131) such local transportation system, and to contract with a private transit company to provide transportation services. Presented by John C. Eddison, Chairman, Board of Selectmen. 8:38 p.m. Mr. Eddison stated the article is being level funded, and it is for the second year of a three year contract. The Board of Selectmen supported the article. 8:39 p.m. Sally Castleman, Chairman, Transportation Advisory Committee, stated the current contractor was providing excellent service, the committee is pleased with the new vehicles of which there are now six and the reliability of service is back to its original high level. Ridership is gradually increasing. An onboard ridership survey was done with satisfied rider response. Mrs. Castleman welcomed marketing ideas. Mrs. Castleman also stated the chair car, which isn't really part of Lex-press, is included in the budget. 8:44 p.m. Michael O'Sullivan, Appropriation Committee, recommended favorable action. 8:46 p.m. Georgia Glick, Pr. 4, on behalf of Lexington schools offered that high school classes are available to help solve problems of all Town committees. 8:46 p.m. 1.3] (Adjourned Session - Annual Town Meeting - April 15, 1987, cont.) (Adjourned Session - 1987 Annual Town Meeting - April 15, 1987, cont.) Leo McSweeney, Board of Selectmen, believed an excellent job was being done but would like to see better use made of the buses. 8:50 p.m. Daniel Lucas, Pr. 2, questioned the safety of the bus stop in Depot Square, with cars going the wrong way, and asked for better police protection in the whole area. 8:51 p.m. Mr. Eddison, stated both marking and policing would be pursued. 8:51 p.m. Paul Hamburger, Pr. 5, served Notice of Reconsideration on Article 37. 8:51 p.m. Fred Rosenberg, Pr. 9, praised the operation of Lex-press. 8:53 p.m. The Moderator declared a unanimous vote. 8:54 p.m. John Eddison, Chairman, Board of Selectmen, proposed that all the financial articles be completed. 8:45 p.m. The Moderator declared a formal recess until after the in- formational presentation by the Planning Board on Article 43, at which time the Town Meeting would come back in session and resume with Article 39. 8:55 p.m. Paul Hamburger, Pr. 5, served Notice of Reconsideration on Article 38. 8:55 p.m. The meeting was called back to order by Moderator Margery M. Battin at 10:32 p.m., in Cary Memorial Hall. The Moderator asked for a moment of silence to note the death of George P. Wadsworth, a Town Meeting Member for many years, a member of the School Committee and former Chairman of the Board of Appeals and Appropriation Committee.. 10:33 p.m. ARTICLE 39. HAZARDOUS WASTE COLLECTION MOTION: That the sum of $30,000 be appropriated for a contract with a (passed- licensed hazardous wastes transport, storage and disposal company or see by other methods to collect and dispose of residential hazardous wastes; Page that such amount be raised in the tax levy; and that the Selectmen be 132) authorized to select the contractor and to set user fees and take all other steps necessary to carry out this project. Presented by Jacquelyn R. Smith, Board of Selectmen. 10:34 p.m. Mrs. Smith stated that what is planned for this coming fiscal year is quite different from what has been done in the past. Susan Adler, Assistant to the Town Manager, Judith Marshall, a Town Meeting Member and President of the League of Women Voters and George Smith, Director of Public Health were recognized for their efforts thru the years. Mrs. Smith spoke on the history of the past five years one day household hazardous waste collection. There was a list of the household materials collected. It was noted that the League of Women Voters publicized the event, which included a townwide mailing which helped contribute to a large turnout. Also, there was a cooperative venture with the Town of Lincoln, which in the end did not mean a saving to each town of the hourly fee of the contractor, because of the longer time it took to process the number of participants. Mrs. Smith noted the reasons for the escalating costs of collection, and also that collection was needed. The Department of Environmental Management agreed with the Town for a more cost effective program. A Waste Management Task Force would be formed. A new house- hold hazardous waste collection program would be designed for fiscal year 1988. 10:41 p.m. 19q (Adjourned Session - Annual Town Meeting - April 15, 1987, cont.) (Adjourned Session - 1987 Annual Town Meeting - April 15, 1987, cont,) Michael O'Sullivan, Appropriation Committee, recommended favorable action on the full amount requested. 10:41 p.m. Sam Silverman, Pr. 5, asked about who paid user fees. 10:44 p.m. Susan Adler, Assistant to the Town Manager, stated a fee of $4.00 for anything in excess of the first five gallons or five pounds brought had been charged. 10:42 p.m. Mrs. Smith, responded that the people who paid were the people who paraticipated in the program. 10:44 p.m. Jacquelyn Ward, Pr. 7, endorsed the collection, asked that the Town try to enforce the State law on recycled motor oil and suggested that there be education on what hazardous waste is. 10:45 p.m. Mrs. Smith, responded that Mrs. Wards recommendations would be followed up. 10:45 p.m. The Moderator declared a unanimous vote. 10:46 p.m. John Eddison, Chairman, Board of Selectmen, moved that the Meeting be adjourned to Monday, April 27, 1987, at 8 p.m. 10:46 p.m. The Moderator declared the meeting adjourned. 10:46 p.m. A true copy. Attest: Mary Loui At. H-rr, Asst, Town Clerk Filed by the Conc. dtion Contmision for the under Article 40. 7, April 15, 19.63h (xi • ARTICLE XXX EARTH FILL AND REMOVAL BY-LAW ;- , Section 1 . The removal from or placement on a premises during any three (3) years of more than twenty-five (25) cubic yards of soil , loam, sand, gravel , topsoil , borrow, rock, sod, peat, humus or clay from or onto any land in the town not in public use is prohibited unless authorized by a permit from the Board of Appeals, organized under the Zoning By-Law, except under the following circumstances : (a ) When such removal or placement is incidental to and in connection with the erection, on the land involved, of a building for which a permit has been issued by the Building Inspector of the town. (b) When such removal or placement is required for construction of a street that has been approved by the Planning Board over the location involved. (c) When such removal or placement is in accordance with • special permission from the Board of Appeals issued under the Zoning By-Law as now in effect or as hereafter amended. (d) When such removal or placement is In accordance with the terms of an Order of Conditions or Determination of Applicability issued by the Conservation Commission pursuant to M. G. L. Ch. 131 , s. 40, or Lexington By-Laws Article XXXII . (e) When placement is undertaken in connection with an agricultural or commercial enterprise, subject to the requirements of Section 8. ( 1 ) When placement is for landscaping or gardening purposes and the material to he placed consists of peat moss, tree bark, wood chips, or other vegetative mulch, loam, or crushed “one or gravel in a walkway, driveway, or parking area. Section 2. Application for a permit shall be filed with the Board of Appeals by the record owner of the land or the person performing the work. The application shall include a plan showing property boundaries, names and addresses of all abutters, including those across any street or way, the location of the proposed work, and such other information as the Board of Appeals deems necessary for its review. The application shall be accompanied by a filing fee determined in accordance with a fee schedule adopted by the Board of Appeals payable to the Town of Lexington. /3/A ir 0 Fjj 2: Section 3. The Board of Appeals shall fix 'a r'easonable time for a public hearing on the application and shall give public notice thereof , at the expense of the applicant, by publishing notice of the time, place and purpose of the hearing in a newspaper of general circulation in the Town at least 14 days before said hearing, and by mailing a copyofsaid notice to the applicant and to the owners of all property deemed by said Board to be affected thereby, as they appear on the most recent local tax list, at least seven days before said hearing. Section 4. Notwithstanding the provisions of sections 1 through 3, the Board of Appeals may, following public hearing duly advertised, issue regulations permitting specific classes of fill and removal activity. Such regulations may require review and and approval of a proposal by the Building Commissioner prior to commencement of the activity. Section 5, In granting a permit, the Board of Appeals shall impose limitations as to the time and the extent of the permitted removal or placement and such other appropriate conditions, . limitations and safeguards as the Board of Appeals deems necessary • for the protection of the neighborhood and of the public health, safety, convenience and welfare. These considerations may include, but are not limited to, the location of the work, the general character of the neighborhood, the general safety of the neighborhood, and effects of the proposed work on water runoff and water quality. Section 6. The Board of Appeals may require a surety bond, cash or other adequate security to insure compliance with the terms, conditions and limitations of the permit. Section 7. The Board of Appeals shall require, as a condition for issuance of a permit, a statement certifying the source and content of fill material if the permit is issued for placement of fill . The Board of Appeals may also, at its discretion, require fill material to be analyzed as to content in order to detect the presence and quantity of any materials that are hazardous or otherwise harmful . Such analysis may be ordered before or during work and shall he conducted by a competent authority named by' the Board of Appeals and at the expense of the applicant. Section 8. Forthwith following expiration or withdrawal of a permit, or upon voluntary cessation of work, all land shall be graded, leaving no slopes in excess of one ( 1 ) foot vertical to two (2) feet horizontal . Surface drainage shall be provided for, 2. 2; tifi //,.?ge- TOVil LEr.:;fw: boulders and stumps shall be disposed of , and the entire area shall be covered with not less than four (4 ) inches of topsoil and planted with cover vegetation unless otherwise provided in the permit. Section 9. A permit for placement of material listed in Section 1 s -all not be required in connection with, and on the premises of , agricultural or commercial enterprises that conform to or are otherwise allowed under the Zoning By-Law now in effect or as hereafter amended, subject to the following conditions : (a) Agricultural enterprises need not obtain a permit if the material consists of compost, peat, manure, loam or other vegetative or earthen matter necessary for or directly related to planting, cultivation or harvesting of vegetative products or the raising or care of animals, but specifically excepting material used for landfill purposes. (b) Commercial enterprises need not obtain a permit if the material will be stockpiled on the commercial premises and its use is necessary to a regular activity of the enterprise. (c) Enterprises that qualify for exemption under Section 9(a) or 9(b) shall notify the Building Commissioner in writing that they use fill material . Notification shall be made within 60 days of the effective date of this By-Law for existing activity or at least 30 days prior to initial placement of material in the case of enterprises not previously registered. Such notification shall include the names, addresses and telephone numbers of the business and its principals and the location of the premises where the material will be placed. Section 10. The Board of Appeals may promulgate after due notice and public hearing Rules and Regulations to effectuate the purposes of this By-Law. However, failure by the Board to promulgate such rules and regulations or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of this By-Law. Section 11 . Whoever violates any provision of this By-Law shall be punished by a fine of not more than $200. Each day or portion thereof of continuing violation shall constitute a separate offense. This By-Law may be enforced by any Town Police Officer or other officer having police powers. Section 12. The invalidity of any section or provision of this By-Law shall not invalidate any other section or provision thereof . 3. < , , , • , , , , 3 ADJOURNED SESSION - 1987 ANNUAL TOWN MEETING APRIL 27, 1987 The meeting was called to order by Moderator Margery M. Battin at 8:00 p.m., in Cary Memorial Hall. There were 175 Town Meeting Members present. The invocation was offered by the Reverand Paul Palesty, of Saint Nicholas Greek Orthodox Church. 8:02 p.m. The Moderator declared a formal recess, recognizing Selectman Leo McSweeney who presented the Youth Awards. 8:02 p.m. ARTICLE 2. REPORTS John Eddison, Selectman, stated that reconsideration of Budget Articles would be postponed until Monday, May 4. 8:19 p.m. Judith Uhrig, Planning Board, stated that the latest Planning Board handout of Article 43 was available. 8:21 p.m. Arthur Smith, Pr. 2, stated that an informational meeting on the May 11 Special Town Meeting would be held May 3, at 3 p.m. in Cary Hall. 8:23 p.m. ARTICLE 8. SUPPLEMENTAL APPROPRIATIONS FOR AUTHORIZED CAPITAL IMPROVEMENT PROJECTS MOTION: (a) That the sum of $40,000 be appropriated to be used in conjunction with the funds appropriated under Article 23 of the warrant for the 1986 Annual Town Meeting for improving and upgrading traffic control signals at the intersection of Bedford Street, Revere Street and Hill Street, and to raise such amount $40,000 be transferred from the Reserve Fund - Overlay Surplus. (b) That the sum of $65,000 be appropriated for remodeling, reconstructing and making extraordinary repairs to the Bridge School and that to raise this amount $65,000 shall be transferred from the Insurance Reimbursement Account to supplement Article 35B of the 1986 Annual Town Meeting. 8:24 p.m. (passed - see below) Mr. Eddison explained that bids had been opened on April 23 and presented the history of the projects. 8:24 p.m. Michael O'Sullivan, Appropriations Committee, recommended favorable action. 8:29 p.m. Sheldon Spector, Capital Expenditures, supported the expenditure. 8:29 p.m. The Moderator declared a unanimous voice vote. 8:30 p.m. ARTICLE 40. BY-LAW, FILL AND REMOVAL REGULATION MOTION: That Article XXX of the General By-Laws of the Town of Lexington be amended by striking it in its entirety and substituting therefore a new Article XXX Earth Fill and Removal By-Law in the form filed with the Town Clerk. 8:30 p.m. (passed - see Page 134) Presented by Joel Adler, Conservation Commission. See page 133 a, 133b, 133c, for form filed with Town Clerk. Mr. Adler explained land fill problems and presented slides of the Banks Avenue problem site. 8:36 p.m. In response to a question from Ephraim Weiss, Pr. 5, John Faria, Town .9,4 (Adjourned Session, 1987 Annual Town Meeting - April 27, 1987,cont.) Counsel, stated that notification would be made to the Building Commissioner. 8:37 p.m. Donald Wilson, Pr. 2, stated that the motion was one that the agricultural community could live with and urged support. 8:38 p.m. John Eddison stated the unanimous support of the Selectmen. 8:39 p.m. William Welch, Pr. 2, asked if passage of this would take care of this existing problem. 8:40 p.m. Mr. Adler replied that it is difficult to frame legislation to eliminate activity which was not illegal at the time it was done and that the Banks Avenue situation will escape this. 8:41 p.m. In response to Sheldon Spector, Mr. Adler stated that the Banks Avenue site had many truck loads on it and that the amount stated in the motion would be such that people could do small jobs such as their own backyards. The Moderator declared the motion passed by unanimous vote. 8:42 p.m. ARTICLE 41. HOME RULE PETITION - LAND BANK MOTION: That the Selectmen be and they hereby are authorized to petition (passed- the General Court for an act substantially as set forth in a document see Page entitled "An Act to Authorize an Open Space Land Bank Fund for the Town 138 of Lexington" as filed with the Town Clerk. (See Page 136 a, b, c, d, e, f, g for form filed with Town Clerk) two amend- Presented by Joyce Miller, Conservation Commission. 8:43 p.m. ments: Pages Mrs. Miller gave the history of the land bank and John Oberteuffer of the 136 & Conservation Commission provided an explanation. 8:47 p.m. 138) Margaret Rawls, Pr. 4, drafter of the petition, gave further explanation, and the status of the split between the housing and conservation portions. 8:58 p.m. State Representative Stephen Doran provided some insight into the Legislature's thinking about landbanks. He stated that Lexington's petition is head and shoulders above others which have been submitted. There is a feeling that a statewide enabling bill is the preferred method over home rule petitions. Lexington is helping to draft a better bill for the state. 9:11 p.m. Michael O'Sullivan, Appropriations Committee, spoke in favor of the motion and the 80% conservation/20% housing appropriation. 9:13 p.m. Richard Perry, Capital Expenditures, voiced unanimous support. 9:15 p.m. William Welch, Pr. 2, offered the following motion: That Article 41 as presented in the Warrant to the 1987 Town Meeting be amended by adding "one-tenth of" in line six between the words (not passed- "...not to exceed" and "one percent ..." so as to have line 6 so read see "...not to exceed one-tenth (1/10) of one percent ..." below) 9:15 p.m. Mr. Welch was instructed that he was amending the Warrant Article when his intent was to amend the article on the floor, and made the appropriate correction. The Moderator declared the motion to amend not to have carried.9:15 p.m. James McLaughlin, Pr.8, and Housing Authority member, voiced endorsement of the main motion. 9:16 p.m. Paul Marshall, Selectman, provided an explanation that the Selectmen intended to offer an amendment. He stated that this is a real estate 135 (Adjourned Session, 1987 Annual Town Meeting - April 27, 1987,cont.) transfer tax. The amendment to be offered asks that the proportion of the money would be determined by a majority vote of the Town Meeting. The minimum amount for housing would be increased to 1/3. The Selectmen would like Lexington to send a message to the Legislature showing support of open space and low and moderate income housing. The Selectmen will support the main motion with or without the amendment about to be offered. 9:24 p.m. Ephraim Weiss, Pr. 5, questioned the procedure of speaking before a motion. The Moderator stated that one cannot speak before tabling or moving the previous question. 9:25 p.m. Mr. Marshall offered the following amendment: MOTION: That the motion offered under Article 41 be amended as follows: in section 4, first paragraph, strike the last sentence and replace with: "The Treasurer shall deposit said tax to separate accounts for Conservation Land Bank Fund, and for the Housing Fund, both accounts to be maintained for the purpose of this section. The proportion of the tax to be deposited in each fund to be decided by a majority vote of Town Meeting subject to the constraint that not less than 1/3 of the tax collected shall be placed in each fund." Also, Section 5, first paragraph, item (c) shall be amended to read: "(c) revenue from fees imposed under Section 4 of this act upon the transfer of real property after the effective date of this act as determined under Section 13 of this act, the proportion of said fee to be deposited to the Conservation Land Bank Fund, and the proportion to be deposited to the Housing Fund shall be determined by a majority vote of Town Meeting subject to the constraint that not less than 1/3 of the fee shall be deposited in each fund." (did not pass - see Page 136) 9:30 p.m. Joyce Miller asked for a ten minute recess as the Conservation Commission had not previously seen the amendment offered by the Selectmen. The Moderator declared a ten-minute recess. 9:30 p.m. John Oberteuffer, Conservation Commission, stated that the Commission strongly opposed the amendment offered by Mr. Marshall. 9:41 p.m. Betty Fleming, Housing Advisory Committee, supported the Conservation Commission and spoke against the amendment. 9:50 p.m. Albert Zabin, Pr. 1, stated that the Conservation Commission had addressed the plan for land acquisition and asked how the housing plan would proceed. 9:51 p.m. Mr. Marshall stated that the Selectmen support rental housing but do not have a detailed plan, that they would work with the Planning Board and the Town Meeting. Lexington has not met minimum standards. 9:52 p.m. Margaret Rawls stated that there would be no regular source of money and that housing was being pitted against conservation. 9:54 p.m. Ephraim Weiss, Pr. 5, voiced support of the amendment. 9:56 p.m. The request for a roll call vote did not achieve the 50 necessary votes. 9:57 p.m. Eugene Lee, Pr. 5, rose for a point of order to ask when the % would be voted. Mr. Marshall answered at the first Town Meeting subsequent to the Legislature allowing this bill. 9:57 p.m. The question on the amendment offered by Mr. Marshall was declared not to have carried by voice vote. 20 members rose to request a standing vote on the Marshall amendment. The Standing vote was recording as follows: Precinct Yes No Abstain 1 10 8 2 8 8 3 3 14 12 fI (Adjourned Session, 1987 Annual Town Meeting - April 27, 1987,cont.) 4 5 12 5 5 9 6 5 10 7 10 5 8 8 9 9 8 10 At Large 9 16 Totals 71 101 The Moderator declared that the amendment offered by Mr. Marshall did not carry. 10:03 p.m. William Fraser, Pr. 5, offered an amendment in order to prevent a yearly rehash. 10:03 p.m. MOTION: That the Article 41 be amended as follows: Strike the last sentence of the first paragraph of Section 4 and replace (passed- with: see The treasurer shall deposit 2/3 of said tax to a separate account for the Page Conservation Land Bank Fund and 1/3 to a separate account for the Housing 137) Land Bank Fund, both accounts to be maintained for the purposes of this section. Strike section 5 first paragraph, clause "C", and replace with: revenues from fees imposed under section 4 of this act upon transfer of real property after the effective date of this act as determined under Section 13 of this act, 2/3 to be deposited to the conservation fund and 1/3 of said fee to be deposited to the housing fund. 10:17 p.m. Iris Wheaton, Pr. 7, spoke in favor. 10:20 p.m. Kathy Abbott, Pr. 7, League of Women Voters, voiced support. 10:21 p.m. Eleanor Klauminzer, Pr. 9, voice support. 10:23 p.m. Michael O'Sullivan, Appropriations Committee, spoke against. 10:27 p.m. James McLaughlin, Pr. 8, asked if the state sets the percentage. Representative Doran stated that if a statewide proposal passes it will contain a range of options with a floor for housing and open space. The decision would be made by the local meeting or council. Mr. Marshall stated that this is a Home Rule Petition. If passed, it comes back to us as is. Any changes require a new Home Rule Petition. 10:30 p.m. Webb Sussman, Pr. 2, rose for a point of information and received an affirmative answer to his question as to whether the Conservation Commission still had to come back to Town Meeting for specific acquisitions. 10:31 p.m. The Moderator declared the motion offered by Mr. Fraser to have carried. There being some doubt, a standing vote was taken with the results as follows: Precinct Yes No Abstain 1 10 7 1 2 9 7 3 5 11 4 3 12 5 11 3 6 5 8 7 12 3 8 10 8 9 12 6 At large 9 16 e AN ACT AUTHORIZING A CONSERVATION LAND BANK FUND AND A HOUSING FUND FOR THE TOWN OF LEXINGTON SECTION 1. The purpose of this act shall be to enable the Town of Lexington to acquire, hold and manage land and interests in land for conservation and open space preservation, and to acquire housing or land ( for the provision of low and moderate income housing. SECTION 2. For the purpose of this Act, the following words and phrases shall have the following meanings: "Collector" --- the Tax Collector of the Town of Lexington or his or her designee. "Commission" --- The Conservation Commission of the Town of Lexington. "Conservation Fund" --- the Conservation Land Bank Fund established under Section 3 of this Act. "Conservation Land Bank Plan" --- the open space plan included in the "Open Space and Recreation Plan for the Town of Lexington" on file with the Department of Environmental Affairs, as it may from time to time be amended by the Conservation Commission. "Housing Fund" --- the Housing Fund established under Section 3 of this Act. "Institutional Lender" --- Any bank defined in Section one of Chapter one hundred sixty-seven, any insurance company defined in Section one of Chapter one hundred seventy-five, and any mortgage company or investment company which has recorded more than twenty mortgages accepted by it within the calendar year preceding the year of the relevant mortgage for the purposes of Subsection (m) of Section twelve, any national bank, federal savings and loan association, federal savings I bank, bank holding company or state or federally chartered credit union. "Lexhab" --- Lexington Housing Assistance Board. "Low and moderate income housing" --- units which may be purchased or rented by those who meet the guidelines for maximum annual income for a low-income or moderate-income family or household as determined by the Mass. Housing Finance Administration (MHFA), by the Secretary of the Executive Office of Communities and Development, or as henceforth otherwise determined by the Lexington Selectmen and Planning Board. "Purchaser" --- the transferee, grantee or recipient of any real property interests or his or her legal representative. "Purchase Price" --- all consideration paid or transferred by or on behalf of a purchaser to a seller or his nominee, or for his benefit, for the transfer of any real property interest, and shall include, but not be limited to, all cash or its equivalent so paid or transferred; all cash or other property paid or transferred by or on behalf of the purchaser to discharge or reduce any obligation of the seller; the outstanding balance of all obligations of the seller which are assumed by the purchaser or to which the real property interest transferred remains subject after the transfer, determined at the time of the transfer, but excluding real estate taxes or other municipal liens which are not overdue at the time of the transfer; and the fair market value at the time of the transfer of any other consideration or thing of value paid or transferred by or on behalf of the purchaser, including, but not limited to, any property, goods or services paid, transferred or rendered in exchange for such real property interest. "Real Property Interest" --- any present or future legal or equitable interest in or to real property, and any beneficial interest therein, including the interest of any beneficiary in a trust which holds any legal or equitable interest in real property; but shall not include any interest which is limited to any or all of the following: the dominant estate in any easement or right of way; the right to enforce any restriction; any estate at will or sufferance; any estate for years having a term of less than thirty years; any reversionary right, condition or right of entry for condition broken; the interest of a mortgagee or other secured party in any mortgage or security agreement; and the interest of a stockholder in a corporation, or of a partner in a partnership. "Register" --- the Register of Deeds for the Middlesex County registry district. "Seller" --- the transferor, grantor or immediate former owner of any real property interest. SECTION 3. There is hereby established in the Town of Lexington (a) a Conservation Land Bank Fund, to be administered by the Conservation Commission, for the purpose of acquiring, holding and managing land and interests in land in order to provide for the present and future aesthetic enjoyment, passive recreation, open space and conservation needs of the town, its residents and visitors; and (b) a Housing Fund, to be administered by the Selectmen, for the purpose of providing low and/or moderate income housing in the Town of Lexington. The establishment of the Conservation Land Bank Fund shall not effect eligibility or priority for any other open space funding program, and monies from the said fund may be used as the local share in any such program. SECTION 4. There is hereby established a tax on the transfer or conveyance of any real property interest in real property in the Town of Lexington, provided that the authority granted herein to levy such tax shall not reduce state tax revenues pursuant to General Laws Chapter 62F, Section 4. Said tax shall be in the amount of 1 percent of the purchase price, or such amount as may be hereafter established by a two-thirds majority vote of the Lexington Town Meeting, but not to exceed 1 percent. The tax imposed by this section shall be the liability of the purchaser, and shall be an encumbrance on the title of the purchaser for the purposes of Section twenty-one of Chapter one hundred and eighty-four, and a tax assessed on the land for the purposes of Section thirty-seven of Chapter sixty. Said tax shall be paid to the Collector, following the procedure set forth in Section 9, and paid over by the Collector to the Town Treasurer, The Treasurer shall deposit 80 percent of said tax to a separate account for the Conservation Land Bank Fund, and 20 percent to a separate account for the Housing Fund, both accounts to be maintained for the purposes of this section. (see amendment Page 136) Conservation Land Bank funds may be expended by the Conservation Commission for the purchase of fee simple or lesser interests in real property only upon the approval of a majority of the town meeting, or in the case of eminent domain takings or bonded purchases, upon the approval of 2/3 of the town meeting. The Commission shall maintain a Conservation Land Bank Plan, and such purchases shall be in accordance with said plan. Funds may be expended by the Commission without further appropriation or town meeting approval for appraisals, right of first refusal options, or any other expenses incidental to land acquisition, as well as for costs associated with administration of the Fund, including staff, overhead, consulting and professional services, provided that such expenditure in any fiscal year shall not exceed 10% of the total Conservation Land Bank revenues for that year. Expenditures of Conservation Land Bank funds by the Commission shall be allowed without further town meeting approval for maintenance and management of, and limited capital improvements to conservation lands, including both lands acquired with land bank funds subsequent to the effective date of this act, and lands acquired prior to the effective date of this act, provided that the expenditure for such purposes in any fiscal year shall not exceed 10% of the total Conservation Land Bank revenues for that year. Any allowable management funds not required to defray the current year's management costs may, upon the approval of a majority of the Conservation Commission, be put into a "Land Management Endowment Fund", a separate fund to be maintained and prudently invested by the Treasurer for future management of conservation lands. Interest accruing to said endowment fund may be expended at the discretion of the Conservation Commission for the purposes described in the preceding paragraph. The Town of Lexington may incur debt by issuing bonds or notes as necessary to implement the Conservation Land Bank program, pledging full faith and credit of the town, but only after having been authorized to do so in each instance by a 2/3 vote of a town meeting. Debt incurred for the implementation of the Land Bank program may be retired by expenditures from the Land Bank Fund. The Commission may also apply Land Bank funds to the retirement of debt incurred for conservation land purchases approved before the effective date of this Act. Housing Funds may be expended by the Selectmen, who may expend in any fiscal year up to 10% of the total Housing Fund revenues for that year for costs associated with administration of the fund and for appraisals and other expenses incidental to land acquisition and the purchase and development of housing. They may also, without further town meeting approval, expend moneys from the fund for purchase and development of housing or of land for the provision of low and/or moderate income housing, afterwards transferring said housing or land to the Lexington Housing Authority, to Lexhab, or to some other legal entity that may henceforth be established for the provision of low and moderate income housing in Lexington. Land purchased with the Housing Fund may not be land that has been designated for open space preservation in the Conservation Commission's Land Bank Plan. The Town of Lexington may incur debt by issuing bonds or notes as necessary to acquire or develop housing or to acquire lands under the authority of this Act, pledging the full faith and credit of the town, but only after having been authorized to do so by a two-thirds vote of a town meeting. Debt so incurred may be retired by expenditures from the Housing Fund. Non-contiguous individual lots for the provision of one-family, or where zoning allows, two-family low and/or moderate income housing may be developed without further town meeting approval. Approval of two-thirds of a town meeting is required before a site may be used under the authority of this Act for construction of two-family units in a single family zone; for construction of three or more housing units on a single site; and for any purchase to be bonded, or to be subject to an eminent domain taking. If development of a site purchased under the authority of this section does not meet with required town meeting approval after no more than two different presentations before two different town meetings, it must either be used for construction of one unit, or, where zoning allows, two units; or the site must be sold, and the proceeds returned to the Housing Fund. SECTION 5. Deposits into the Conservation and Housing Funds shall include: (a) funds appropriated for deposit into either fund by a majority vote of the town meeting; (b) voluntary contributions of money and other liquid assets to either fund; (c) revenues from fees imposed under Section 4 of this act upon the transfer of real property after the effective date of this act as determined under Section 13 of this act, 80% of said fee to be deposited to the Conservation Land Bank Fund, and 20% of said fee to be deposited to the Housing Fund; (d) proceeds from the disposal of any real property interest acquired by the relevant fund pursuant to this act; and (e) any funds received from the state or federal governments as reimbursements for purchases made with Conservation Land Bank or Housing Funds. In order to meet the financial obligations of the Town of Lexington under this Act, the Conservation Commission is authorized to draw upon the Conservation Land Bank Fund and the Land Management Endowment Fund, and the Selectmen are authorized to draw upon the Housing Fund, each fund to be set up as a revolving account under the control of the Town Treasurer. The Treasurer shall prudently invest available assets of the funds, and all income thereof shall accrue to the funds. All expenses lawfully incurred by the Commission, the Selectmen or the town in carrying out the provisions of this act shall be evidenced by proper vouchers and shall be paid by the Town Treasurer only upon submission of warrants duly approved by the Conservation Commission in the case of the Conservation Fund, or the Selectmen in the case of the Housing Fund. SECTION 6. The Conservation Commission and the Selectmen shall keep a full and accurate account of their actions, including a record as to when, from or to whom, and on what account money has been paid or received relative to this Act, and as to when, from and to whom and for //''‘.;U 41( what consideration real property interests have been acquired, improved or disposed of. Said records and accounts shall be subject to examination by the director of accounts or his agent pursuant to Section forty-five of Chapter thirty-five of the General Laws as amended by Section twenty of Chapter eight hundred and forty-nine of the Acts of nineteen hundred and sixty-nine. The Conservation Commission and the Selectmen shall report annually to the town meeting on revenues deposited ( into the relevant land bank fund, and on the disposition of those revenues during the fiscal year. The tax Collector shall keep the Commission and the Selectmen fully informed of all taxes collected and transferred to the Treasurer. SECTION 7. The Town of Lexington shall retain any real estate property interest relating to land and water areas acquired with Conservation Land Bank Funds pursuant to this Act predominantly in its natural, scenic or open condition, except as provided for in this section. Except upon the approval of the Secretary of Environmental Affairs and where appropriate, subject to the General Laws, any special laws, or the Constitution of the Commonwealth, on land purchased and administered through the Conservation Land Bank program established herein, there shall be no (a) construction or placing of buildings, roads, signs or other structures on or above the surface except such as may enhance the open space and passive recreational uses of the land; (b) dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; (c) removal or destruction of trees, shrubs, or other vegetation except in accordance with recognized forest cutting and conservation practices and adhering to fisheries and wildlife needs; (d) excavation, dredging or removal of loam, peat, gravel, soil, rock or other mineral substance in such a manner as to harm the conservation and open space values of the land. In determining whether or not to approve a request from the Conservation Commission to use or improve any real property interest acquired with Conservation Land ,—... Bank Funds under the authority of this act in a manner otherwise ' I prohibited by this section, the secretary shall consider whether such i 1 I request is in the interest of conservation. Lands in active recreational use when purchased with Conservation Land Bank Funds under this Act may be maintained in such use after purchase, and any buildings, roads and other capital improvements already existing may be maintained as necessary. Lands purchased or acquired with Conservation Land Bank funds, or gifts of land acquired under the Conservation Land Bank program may be disposed of or removed from conservation use only by a majority vote of the local Conservation Commission followed by a two-thirds vote of the Lexington Town Meeting, and, as provided in Article ninety-seven amendment to the state constitution, by a two-thirds vote of the state legislature. SECTION 8. The following transfers of real property interests shall be exempt from the tax established under Section 4: (a) The first $100,000 of the purchase price of any transfer of an interest in residential real property. When the transfer is of a combined residential/commercial property, only the portion assessed as residential property shall be subject to this exemption; and the purchase price of the residential portion shall be assumed to be proportionally the same in relation to the purchase price of the commercial portion as the assessed value of the residential portion is in relation to the i I assessed value of the commercial portion. (b) Transfers to the government of the United States, the Commonwealth, and any of their instrumentalities, agencies or subdivisions. (c) Transfers made as gifts without consideration, with the following qualification: In any proceedings to determine the amount of any tax due hereunder, it shall be presumed that any transfer for consideration of less than fair market value of the real property interests transferred was made as a gift without consideration to the /3( EL extent of the difference between the fair market value of the real property interests transferred and the amount of consideration claimed by the purchaser to have been paid or transferred, if the purchaser shall have been at the time of transfer the spouse of the seller, or shall have been the lineal descendant or the lineal ancestor of the seller, by blood or adoption, or the sister or brother of the seller, by blood or adoption. Where the purchaser bears no such relationship to the seller, it shall be presumed that consideration was paid in an amount equal to the fair market value of the real property interests transferred, as determined by the assessed value of the property at the time of the transfer. (d) Transfers of property sold at less than market value and subject to deed restrictions limiting the allowed income of the purchaser to income guidelines for low and moderate income housing, and limiting the allowed maximum capital gain of the seller to a predetermined amount. When the transfer is of a multi-unit development or structure, a portion of which is required by contract or deed restriction to be rented to persons of low and/or moderate income, and when such contract or deed restriction is enforceable for a period of at least 5 years from the time of transfer, then the portion subject to such restrictions is exempt from this tax. The purchase price of the exempt units shall be proportionally the same in relation to the purchase price of the market priced units as the assessed value of the exempt units is in relation to the assessed value of the market priced units. (e) Transfers to the trustees of a trust in exchange for a beneficial interest received by the seller in such trust; distributions by the trustees of a trust to the beneficiaries of such trust. (f) Transfers by operation of law without actual consideration, including but not limited to, transfers occurring by virtue of the death or bankruptcy of the owner of real property interest. (g) Transfers made in partition of land and improvements thereto, under Chapter two hundred forty-one of the General Laws. (h) Transfers to the public, any charitable organization as defined in clause three of Section five of Chapter fifty-nine of the General Laws, or any religious organization, provided that the real property interest so transferred shall be held by the purchaser solely for its public, charitable, or religious purposes. (i) Transfers to a mortgagee in foreclosure of a mortgage held by such mortgagee, and transfers of the property subject to a mortgage to the mortgagee in consideration of the forbearance of the mortgagee from foreclosing said mortgage. (j) Transfers made to a corporation or partnership at the time of its formation, pursuant to which transfer no gain or loss is recognized under the provisions of Section three hundred and fifty-one of the Internal Revenue Code of 1954, as amended. (k) Transfers made to a stockholder of a corporation in liquidation of the corporation, and transfers made to a partner of a partnership in dissolution of the partnership. (1) Transfers consisting of the division of marital assets under the provisions of Section thirty-four of Chapter two hundred and eight of the General Laws or other provisions of applicable law. (m) Transfers of property consisting in part of real property interests situated in the municipality and in part of other property interests, to the extent that the property transferred consists of property other than real property situated in the municipality; provided that the purchaser shall furnish the Collector and the Register with such information as he shall require or request in support of the claim of exemption and manner of allocation of the consideration for such transfers. /1 SECTION 9. The tax imposed by Section 4 shall be a lien on the property being transferred until paid. Notification of said lien shall be included by the Tax Collector in all Lien Certificates issued after the effective date of this Act. The fee, which shall be due within 15 days of the recording of the deed, shall be paid to the Tax Collector; and the purchaser shall deliver to the Collector, whether or not a fee is due, a copy of the deed or other instrument evidencing such transfer which shall have attached thereto or as part thereof a statement or affidavit signed under oath or the penalties of perjury by both the seller and the purchaser, or their legal representative, attesting to the true and complete purchase price, and the basis, if any, upon which the transfer is claimed to be exempt in whole or in part from the tax imposed thereby. The Collector shall issue a certificate of payment stating for the record that the tax has been paid or that the transfer is exempt from such tax and the basis for such exemption. If the appropriate fee is other than the amount tendered, the Collector shall issue a written notice to the purchaser of the correct fee, together with the reason therefor, and the fee shall be paid as corrected before a certificate is issued. Anyone aggrieved by a correction that results in a deficiency has the right to appeal using the procedure set forth in Section 11. The thirty days allowed for filing the initial petition for a hearing shall date from the time of issuance of notice by the Collector. The lien on the property imposed by the provisions of this Act will be extinguished at the time of the recording with the Register of Deeds of the certificate of payment issued by the Collector. Within 14 days following the issuance of the certificate of payment of the fee imposed by Section 4, the purchaser or their legal representative may return said certificate to the Collector for cancellation, together with an affidavit signed under oath or the pains and penalties of perjury that the transfer, with respect to which said certificate was issued, has not been consummated. The fee paid with respect to such transfer shall forthwith be returned to the remitter or their legal representative. SECTION 10. The fee shall be the liability of the purchaser. Any agreement between the seller and the purchaser or any other person with reference to the allocation of the responsibility for bearing said fee shall not affect the liability of the purchaser. Any purchaser who fails to pay all or any portion of the tax established by Section 4 on or before the time it is due shall be liable for the following payments in addition to said tax: (a) Interest: Interest on the unpaid amount of the tax to be calculated from the time it is due at a rate equal to fourteen percent per annum or one and one-half percentage points over the Prime Rate, whichever is higher. (b) Penalties: Any person who, without fraud or willful intent to defeat or evade the tax established by Section 4, fails to pay all or a portion of the tax within thirty days after the time it is due, shall pay a penalty equal to five percent of the outstanding tax as determined by the Collector for each month or portion of a month thereafter that the tax is not paid in full; provided, however, that in no event shall the amount of any penalty imposed hereunder exceed twenty-five percent of the unpaid fee. Whenever the Collector determines that all or a portion of a tax due under this act was not paid due to fraud or with intent to defeat or evade the tax imposed by this act, a penalty equal to the amount of said tax or said unpaid portion of tax shall be paid by the purchaser in addition to said tax or unpaid portion of tax. SECTION 11. (a) In the event that, subsequent to issuance of the certificate required under Section 7, the Collector determines that because of mistake or fraud or with intent to defeat or evade the purposes of this Act, there has been a failure to pay in full the tax due under Section 4, the Collector shall so notify the purchaser by registered or certified mail within 30 days of the issuance of said certificate. Said notice shall state the amount of the deficiency and of any penalty or interest assessed together with the reasons therefor. The board of assessors shall grant a hearing on the matter of the imposition of said tax, and/or of any penalty or interest assessed, if a petition requesting such hearing is received by said board within thirty days /3y after the mailing of said notice by the Collector. The board shall notify the purchaser in writing by registered or certified mail of its determination concerning the deficiency, penalty or interest within fifteen days after said hearing. Any party aggrieved by a determination of the board concerning a deficiency, penalty or interest may, after payment of said deficiency, appeal to the district or superior court within three months after the mailing of notification of the determination by the board. Upon failure to petition for a hearing, or appeal to said courts, within the time limits hereby established, the purchaser shall be bound by the terms of the notification, assessment, or determination, as the case may be, and shall be barred from contesting the tax, and any interest and penalties thereon. All decision of said courts shall be appealable. Every notice to be given under this section shall be effective as against the purchaser if mailed by certified or registered mail to the purchaser or their legal representative at the address contained in the signed statement required under Section 9 to be delivered to the Collector at the time of payment. All fees, penalties and interest required to be paid pursuant to this Act shall constitute a lien on the property and a personal debt of the purchaser and may be recovered in an action of contract or in any other appropriate action, suit or proceeding brought by the Selectmen; said action, suit or proceeding shall be subject to the provisions of chapter two hundred and sixty of the General Laws. SECTION 12. If any provision of this Act or the application of any such provision is held to be invalid, the remaining provisions shall not be affected thereby. SECTION 13. The tax established in Section 4 will be in effect no later than 60 days after passage of the Act. The Selectmen shall post a notice in the Town Hall and on two consecutive weeks they shall insert a legal notice in a newspaper having circulation in the town, informing the public of the date said tax will be in effect and the rate thereof. Said notification procedures shall take place at least 30 days before the tax is imposed. The Tax Collector shall add notification of the tax imposed by this Act to all Lien Certificates issued after the date that said tax is in effect. SECTION 14. This Act shall take effect upon its passage. (Adjourned Session, 1987 Annual Town Meeting - April 27, 1987,cont.) Totals 86 81 1 The Moderator declared the amendment offered by Mr. Fraser to have carried. 10:35 p.m. Arthur Smith, Pr. 2, pointed out the question of the Selectmen's ability to transfer the money under the housing option with no additional input necessitated. 10:37 p.m. Mrs. Rawls stated that the Town Meeting oversight is covered under the bonding necessity. Julian Bussgang, Pr. 2, asked for an amendment next year to take care of the oversight. He asked that separate ceilings be established for housing and conservation. 10:38 p.m. Michael Golay, Pr. 6, stated his robust ambivalence against the main motion. He stated that the literal obligation is upon the purchaser but is actually against the seller. He spoke against dedicating funds for specific purposes. 10:43 p.m. Donna Hooper, Pr. 3, asked what other towns had established as percentages and Mrs. Rawls stated that the state had proposed 20% for adminstration and 20% for management. Mrs. Miller stated that no further permanent staff was proposed. 10:47 p.m. Elaine Dratch, Pr. 5, rose to offer an amendment addressing the concern of allowing the Selectmen the entire ability to administer the funds. Section 3b would be changed. 10:48 p.m. James Barry, Pr. 1, moved the question. As the amendment was on the floor, the Moderator asked that the amendment be allowed to be clarified and put into proper language. 10:54 p.m. William Spencer, Pr. 6, moved to adjourn to Wednesday, April 28, 1987, at 8 p.m. 10:55 p.m. Mrs. Uhrig asked if the adjournment motion was debatable and received an affirmative answer. She asked the Town Meeting not to adjourn in order to consider Article 43 as previously planned on April 29. 10:55 p.m. Donald Wilson, Pr. 2, supported the motion to adjourn citing the confusion in existence. 10:55 p.m. Renee Cochin, Pr. 7, moved the previous question. 10:56 p.m. The Moderator declared the meeting adjourned to Wednesday, April 28, at 8 p.m. following a voice vote. 10:57 p.m. A true copy. Attest. Bernice H. Fallick Town Clerk ADJOURNED SESSION - ANNUAL TOWN MEETING APRIL 29, 1987 The meeting was called to order by the Moderator Margery M. Battin at 8:04 p.m., in Cary Memorial Hall. There were 174 members present. The invocation was offered by Reverand Martin McCabe, Pastor Emeritus, Church of the Sacred Heart. 8:05 p.m. The Moderator explained procedural routines. 8:06 p.m. ARTICLE 2. REPORTS Joyce Miller, Conservation Commission, explained that under Article 34, the clause authorizing the Town to apply for state reimbursement had been omitted. Therefore the Commission intends to ask for reconsideration on Monday night in order to insert the clause. 8:10 p.m. Ephraim Weiss, Pr.5, stated his intent to move indefinite postponement on Article 49. There are legal technicalities. The concept is valid and needs to be developed. 8:12 p.m. Arthur Smith, Pr. 2, reminded those present of the Sunday meeting to discuss the Special Town Meeting. 8:13 p.m. ARTICLE 41. HOME RULE PETITION - LAND BANK (CONT.) MOTION: The motion under Article 41 be amended by adding the following (passed- words at the end thereof: ,"provided that the petition to the General see Court for the act shall request that the act require that all monies from below) the Housing Fund to be expended for the purchase and development of housing or land shall be expended by the Selectmen only after approval by the Town Meeting." Presented by Elaine Dratch. 8:16 p.m. Paul Marshall, Selectman, stated a favorable opinion. 8:16 p.m. Renee Cochin, Pr. 7, asked if this limits the use by Selectmen for rent subsidy. 8:17 p.m. Mr. Marshall said that funds are to be used for land or housing. 8:17 p.m. Following a voice vote the Moderator stated the amendment offered by Mrs. Dratch to have passed. 8:19 p.m. Paul Riffin called the question. Following a voice vote the Moderator declared Mr. Rif fin's motion to have passed. 8:20 p.m. Representative Stephen Doran commented on the action of the Committee on Taxation and praised the quality of the Lexington article. 8:22 p.m. Following a voice vote the Moderator declared the motion on the Land Bank as amended to have passed by unanimous vote. 8:24 p.m. ARTICLE 42. ZONING BY-LAW, TECHNICAL CORRECTIONS Judith Uhrig, Planning Board Chairman, moved that Article 42 be postponed until after Article 43. Following a voice vote the Moderator declared Article 42 to be postponed until after Article 43. 8:24 p.m. litZTicsLE ,4 25 F: N A /11 0 1r' 4/ 0 4V fej. ,„,,, 1,0 .t 1,t Planning Board - I ' I , � o n of Lexington, Massachusetts Robert A. Bowyer TOWN OFFICE BUILDING Planning Director Lexington, MA 02173 617/8624500/Exp 124 ARTICLE 43 C aihkaE S i is API Ell, ZONING BY-LAW, COMPREHENSIVE RESIVISIONS COMMERCIAL DISTRICTS, PERMITTED USES ?AGES C ifECKED MOTION PM) o I N C FOR THE TOWN CLERK b E ieL/A E)) MOTION: THAT THE ZONING BY-LAW BE AMENDED: PART A. SECTION 1 CREATION OF DISTRICTS PURPOSE OF DISTRICTS A. In Section 1, by striking out the title of the section and inserting in place thereof: "SECTION 1. PURPOSE, DISTRICTS, AUTHORITY" In Section 4, by striking out the words "ESTABLISHMENT OF DISTRICTS" in the title and by striking out the text of the section in its entirety; In Section 1, by striking out subsection "1.2 ZONING MAPS" and subsection "1.6 FORBIDDEN IF NOT PERMITTED" in their entirety and by redesignating subsection 1.7 to be subsection 1.6. In Section 1 by inserting a new subsection 1.2, as follows: "1.2 DIVISION OF THE TOWN INTO ZONING DISTRICTS In order to carry out the purposes of this By-Law, the Town of Lexington is divided into zoning districts, as specified hereinafter. 1.2.1 APPLICABILITY Every parcel of land and every building or other structure in the town shall be in a zoning district, and except as otherwise provided by law or by this By-Law, shall be subject to th'e regulations, restrictions, and require- ments specified for the zoning district in which it is located. Zoning districts are hereby established as shown on a map entitled "Zoning Map of the Town of Lexington Mass." (hereinafter referred to as the Zoning Map) or as hereafter amended. The Zoning Map by this reference and all boundaries, notations, and other data shown thereon, are made as much a part of this By- Law as if fully described in detail herein. Any change in the location or boundaries of zoning districts shall be by the same procedure as amendment to the text of the Zoning By-Law. 1.2.2 CLASSES OF DISTRICTS There shall be three classes of districts as follow: Symbol Title A. Standard Districts Residential Districts RO One Family Dwelling RS One Family Dwelling RT Two Family Dwelling RM Multi-Family Dwelling ' Part A; Section 1, Creation of Districts Page A- 3 Comprehensive Commercial Revision (as of 4/29/87) RD -- PLANNED RESIDENTIAL DEVELOPMENT: is intended to be a district with a higher density of development providing housing in dwelling units or group quarters for families or small households or single persons in a variety of types of housing, all in a planned setting for which the approval of the Town Meeting is obtained. COMMERCIAL DISTRICTS CN -- NEIGHBORHOOD BUSINESS: is intended to be a district with a low intensity of development for small establishments, oriented to one or more nearby neigh- borhoods, which provide a few services and convenience goods that are purchas- ed frequently and require a minimum of consumer travel. The range of goods and services offered should not be so broad as to attract substantial trade from outside the neighborhood. Due to the location of CN districts adjacent to residential areas, development should be small in scale and architecturally compatible with nearby residential buildings. CRS - RETAIL SHOPPING: is intended to be a district with a low intensity of development for establishments offering a variety of goods and services, serving the whole, or large sections of, the town. Development in the CRS district is best achieved by a group of stores in a building developed and managed as a unit served by a common parking area so as to comprise an effici- ent and architecturally integrated shopping area. In some cases, individual establishments on separate lots, which are not part of a larger shopping complex, may occur in the CRS district. CS - SERVICE BUSINESS: is intended to be a district with a low intensity of development for: establishments providing certain types of business services; for the shops and yards of local tradesmen providing building construction and repair services primarily for the residents and small businesses in the town; or automotive services necessary for the residents of the town which may not be compatible with uses permitted in other districts. The pattern of develop- ment generally is individual establishments on separate lots, each with its own off-street parking. Frequent automobile turning movements off and on abutting arterial streets are anticipated and must be regulated. CB - CENTRAL BUSINESS: is intended to be a district with a medium intensity of development for establishments and institutional uses offering a wide variety of goods and services. The CB district is intended to recognize and enhance the role of Lexington Center as the focus of civic, cultural, retail and service activity in the town. Its contribution to the history, culture and image of the town requires special development standards not appropriate for other locations in the towns A compact and more intensive development oriented to pedestrians and people entering several businesses, public or institutional uses is anticipated. Most off-street parking will be in a few larger lots serving a variety of uses. Mixed-use development is appropriate. Uses which interrupt the conti- nuity of the pedestrian circulation and shopping patterns are discouraged. CLO - LOCAL OFFICE: is intended to be a district with a medium intensity of development for offices and related services that are oriented primarily to residents of the town and other businesses in the town but not to a regional clientele. In some locations, the proximity to adjacent residential areas, or Part A; Section 1, Creation of Districts Page A- 4 Comprehensive Commercial Revision (as of 4/29/87) the re-use of buildings originally constructed as dwellings, may warrant special design controls in the CLO district that insure retention of a resi- dential scale and the use of exterior building materials characteristic of residential construction. CRO - REGIONAL OFFICE: is intended to be a district with a higher intensity of development for offices and related services appropriate for larger compan- ies oriented primarily to a regional clientele. Buildings are assumed to be placed in an open, park-like or campus setting. CM - MANUFACTURING: is intended to be a district with a low intensity of development for the manufacture, assembly, processing or handling of materi- als, subject to certain performance standards,, which are incompatible with and need to be well separated from residential, institutional or certain business uses. CD - PLANNED COMMERCIAL: is intended to be a district to permit considerable flexibility in the development of land for commercial or mixed-use purposes without predetermined standards. The CD district procedure 'is intended to permit the Town Meeting to approve development standards unique to a particu- lar location and not applicable to other locations in the town. Where land not now zoned for commercial development is proposed for new commercial de- velopment, it is intended that the CD procedure be used rather than rezoning to one of the standard commercial zoning districts. 1.2.4 PREPARATION OF THE ZONING MAP • The official Zoning Map- of the Town of Lexington shall be prepared by the Planning Board and shall be on file in the office of the Town Clerk and in the office of the Planning Board. The Planning Board may also prepare and print "Zoning District Maps" showing the boundaries of districts at a larger scale and on individual sheets which shall also be as much a part of this By- law as the Zoning Map. The Zoning Map and the Zoning District Maps may be revised, from time to time, by the Planning Board as amendments to the Zoning Map are voted by the Town Meeting. Both the Zoning Map and the Zoning Dis- trict Maps may include geographical features, streets, notations and such other information as the Planning Board may add to keep the maps reasonably current and to facilitate orientation. 1.2.5 BOUNDARIES OF OVERLAY DISTRICTS Wetland Protection Districts WPD are shown on maps entitled "WETLAND PROTECTION DISTRICTS, LEXINGTON, MASSACHUSETTS - 1973" consisting of an index sheet and 12 sheets entitled Zoning District Maps numbered W-1, W-2, W-5, W-6, W-7, W-8, W-12, W-13, W-26, W-32, W-33 and W-39. The National Flood Insurance Districts NFI areas defined in the HUD Flood Insurance Study and as shown on maps entitled. "Flood Boundary and Floodway Map, Town of Lexington, Massachusetts, effective June 1, 1978" or as duly amended from time to time thereafter and "Flood Insurance Rate Map, Town of Lexington, Massachusetts, effective June 1, 1978" or as duly amended from time to time thereafter which maps are on file with the Town Clerk. 1.2.6 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES The boundaries between zoning districts are as shown on the Zuning Map and on the Zoning District Maps. In the event of any difference between the • Comprehensive Commercial Revision (as of 4/29/87) Ar boundary of a zoning district as shown on the Zoning Map or the Zoning Dis- trict Maps and the perimeter description set forth in the vote of the Town Meeting establishing or amending said boundary, the vote of the Town Meeting shall govern. Where uncertainty exists with respect to the boundaries of the various zoning districts as shown on the Map, the following rules shall apply: a. Where the boundary is indicated as a street, highway, railroad right-of-way, or utility easement, the boundary shall be the center line of the street, highway, railroad right-of-way, or utility easement. b. Where the district boundary is indicated as approximately parallel to a street, highway, railroad right-of-way, or utility easement, the boundary shall be taken as parallel thereto and, unless other- wise indicated, 100 feet from the center line thereof. c. Where the district boundary is indicated as following a water course, the boundary shall coincide with the center line thereof as said center line existed as of the effective date of this By-Law of of any amendment to the Zoning Map applicable to that water course. d. Where the district boundary is indicated as following the shore line of a body of water (such as a pond), or of a contour line, the boundary shall be the elevation above the datum mean sea level of such body of water, or contour, and shall be labelled el. with the elevation of the Zoning Map, such as el. 150. If the elevation is not labelled, it shall be as shown on the U.S. Geological Survey Map, Lexington quadrangle of 1971 and Concord quadrangle of 1958, and if the elevation is not indicated on the USGS map, the boundary shall be the water line, or contour line, as shown on the photo- grammetric maps of the Town by prepared by the James W. Sewall Company in 1972. e. Where the district boundary is designated as approximately follow- ing a lot line, such line shall be construed to be the boundary, and shall be labelled L.L. on the Zoning Map. f. Where the district boundary is indicated as the extension of another district boundary line, the boundary shall be the straight line extension thereof. g. In cases not covered by subparagraphs a. through f. above, the locations of the district boundaries shall be determined by the distances, if given, from other lines or features on the Zoning Map, or, if distances are not given, then by the scale of the Zoning Map. If, after the application of the rules set forth in paragraphs a through g, uncertainty still exists with respect to the boundaries of a district, the Building Commissioner shall make a determination after first seeking an advi- sory opinion from the Planning Board. END OF PART A - .s EGTA t\\ r7 7 PART B. SECTION 4. PERMITTED USES AND DEVELOPMENT STANDARDS B. In Section 5, by striking out the title of the section, USE REGULATIONS, and inserting in place thereof: "SECTION 5. SUPPLEMENTARY USE REGULATIONS, RESIDENTIAL USES'; by striking out subsection 5.1 APPLICABILITY in its entirety and by inserting in place thereof the word "5.1 (Reserved)"; At the end of the Zoning By-Law, by deleting page T-1, which describes the symbols used in Table 1, in its entirety, and by deleting TABLE 1. USE REGU- LATIONS SCHEDULE on pages T-2 through T-6 in its entirety. In Section 4, by inserting a new title for the section so that it will read: "SECTION 4. PERMITTED USES AND DEVELOPMENT STANDARDS" In Section 4, by inserting new text for the section so that it will read: " 4.1 APPLICABILITY 4.1.1 PERMITTED USES - No land shall be used and no structure shall be erected or used except in co.•liance wit .- • • '_ ons of this B -Law d as set forth in TABLE 1 PERMITTED USES AND DEVELOPMENT STANDARDS, or as peranmitted by Section 6. Non- Conforming Uses and Structures. Use of land in: 1) overlay zoning districts, such as the Wetland Protection District or the National Flood Insurance Dis- trict, shall be subject to the additional requirements of subsections 8.5 and 8.6 respectively, and 2) a planned commercial CD-district shall be subject to the preliminary site development and use plan approved by the vote-of the Town Meeting as provided in subsection 8.2. While TABLE 1 sets forth the uses that may be permitted in planned residential RD districts generally, the uses permitted in a particular planned residential RD district shall be only those set forth in the preliminary site development and use plan approved by the vote of the Town Meeting for that district. 4.1.2 USE OF SYMBOLS IN TABLE 1 The symbols in TABLE 1, PERMITTED USES AND DEVELOPMENT STANDARDS shall have the following meanings: Y YES: Permitted as of right, upon issuance of a building permit or a certificate of occupancy, provided however that all non-residential developments with 10,000 square feet or more of gross floor area, including any existing floor area but not includin: an floor area devote• to o -street arki , and all residential developments with three or more dwelling units, or their equivalent, including any exist- ing dwe� ]i in units, are not permitted as of right aii-liTrinalm-710-75i07 upon the granting of a special permit with site plan review (SPS); SP SPECIAL PERMIT: A use, building, structure or other activity that is permitted only if the SPGA makes a finding and determination, as set forth in subparagraph 3.3.2. (See subsections 3.3 and 3.5) SPS SPECIAL PERMIT WITH SITE PLAN REVIEW: A use, or one or more buildings that comprise a development, that is permitted only if the SPGA makes a finding and determination as set forth in subparagraph 3.4.2. (See subsections 3.4 and 3.5) N NO: Not permitted. • Part B; Section 4, Permitted Uses Page 8- 2 Comprehensive Commercial Revision (As of 4/29/87) 4.1.3 USES NOT LISTED IN TABLE 1 ARE PROHIBITED All uses which are not listed in Table 1 are prohibited. 4.1.4 MORE THAN ONE CLASSIFICATION Where a use, structure, development or activity might be clasified under more than one of the uses on the lines in TABLE 1, the more specific classification shall apply; if equally specific, the more restrictive classi- fication lassi-fication shall be used. 4.1.5 COMPLIANCE WITH ALL STANDARDS In several sections of TABLE 1, in the various groups of uses and at the beginning of the major sections of the Table, there are listed standards for: permissible uses, operating characteristics and development standards. A use, building, activity or development must comply with each of those stan- dards which may be applicable. Failure to comply with any one of the stan- dards will be the basis for denial of a building or occupancy permit; failure to continue to comply with any one of the standards will be the basis for revocation of t e cerci.icate o occupancy. 4.1.6 PRINCIPAL USES, ACCESSORY USES The principal use is the main or primary use of a lot or structure. An accessory use is one that constitutes only an incidental or insubstantial part of the total activity that takes place on a lot and is commonly associated with and integrally related to the principal use. Even though a use may be a principal use in another situation, it may be conducted as an accessory use in conjunction with another principal use provided it is insubstantial, incident- al, commonly associated with and integrally related to that principal use and does not exceed the size set forth in subparagraph 4.1.7. A use or structure not listed in TABLE 1 and not prohibited by line 18.2 or 18.3 is permitted provided it is a use or structure that is accessory to a principal use or structure that is permitted by TABLE 1 and conforms to all other provisions of this By-Law and is not in violation of any other Town By-Law or the General Laws. 4.1.7 LIMIT ON SIZE OF ACCESSORY USES An accessory use shall not occupy more than 25 percent of the area of a lot or more than 25 percent of the gross floor area on a lot except that such limitation shall not apply to off-street parking. An accessor a artment (see subsection 5.2) ma occupy not more than 3,(Laasnt of the floor area of a .we ing. 4.1.8 CHANGE IN USE Prior to a substantial change in use, a new certificate of occupancy shall be obtained. If the existing use or the proposed new use is one which requires a special permit or special permit with site plan review, as set forth in TABLE 1, prior to a substantial change in use, a new special permit or special permit with site plan shall be obtained. A substantial change of use occurs when: 1) the change is from one principal use category to another, i.e. use classifications which are on a different line in TABLE 1; 2) the existing use of a lot is a combination of several different principal uses, such as different stores or offices or eating estab- lishments within one building, and the change alters the off-street parking requirements for the overall use of the lot; 3) the operating characteristics • I ~ 4 _49_ Part B; Section 4, Permitted Uses Page B- 3 -e Comprehensive Commercial Revision (As of 4/29/87) of the new 2!!....s111152! 1111211n11211xIsom that of the use which it replaces because there are adverse im.acts on nearb .ro.erties or - ca'acit o 21....thij.2221:vcesorfAr.i.W.ieji_transtapitetotc....emmodate the new use, or 4) in a planned residential development, if the type of dwelling u—nrerrie changed. 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C -4 = ... (N m �+ s q ® o 01 41 ,0 r.: 0r 00 00 tai ^ r t. - rt - --a - 4..J Oh u e a; a U -mow PART D - SECTION 10, LANDSCAPING TRANSITION AND SCREENING In Section 10. SIGN REGULATIONS, by deleting the words `SIGN REGULATIONS" from the title, and by redesignating the title, as amended, to be "SECTION 13 SIGNS`„'�,by moving the existing Section 10 dealing with signs to be a new Section' 13 with no change in the wording or meaning thereof, and by redesigna- ting all numbers in the existing By-Law that begin with the prefix "10.----" and all cross-references thereto wherever they appear in the By-Law, to begin instead with the prefix "13.---"; by inserting a new Section 10, as follows: "SECTION 10 LANDSCAPING, TRANSITION AND SCREENING 10.1 OBJECTIVES, APPLICABILITY 10.1.1 The provisions of this section are intended to achieve the following purposes: a. to provide a suitable transition between different zoning districts; b. to separate different and.otherwise incompatible adjacent land uses from each other in order to partially or completely reduce potential nuisances such as dirt, dust, litter, noise, glare from motor vehicle headlights, the intrusion from artificial light including the ambient glow therefrom, signs, or the view of unsightly buildings and lots; ....." parking c. to preserve or improve the visual and environmental character of a neighborhood and of.Lexington generally; d. to offer property owners protection against possible diminution of property values due to adjacent commercial construction, or a change in existing ostensibly incompatible land uses. 10.1.2 No building permit, occupancy permit for a use, special permit or special permit with site plan review shall be issued or granted where this By-Law indicates that a landscaping, transition or screening area, in accordance with this Section shall be required or where this Section indicates such shall be provided. 10.1.3 APPLICABILITY TO SPECIAL PERMITS Any application for a special permit or special permit with site review under subsections 3.3 or 3.4 of this By-law fora use, structure or activity that does not conform to the provisions of this section shall not be granted un fi, "`co`mp1",iance with this section,--fo-thie maximum extent tica-Te, is demonstrated. 10.2 LANDSCAPING PLAN REQUIRED 10.2.1 A landscaping plan, demonstrating compliance with the standards con- tained in this Section for landscaping, transition areas and screening, shall accompany each application for a building permit, certificate of occu- pancy, special permit or special permit with site plan review, as required by subparagraphs 10.1.2 or 10.1.3. The plan shall be drawn to scale and include dimensions and distances. Part D - Landscaping, Transition and Screening Page-2 Comprehensive Commercial Revision (4129/87) 10.2.2 The landscaping plan shall be certified'by a landscape architect regis- tered in the Commonwealth of Massachusetts. 10.2.3 The landscaping plan shall show: a. existingand proposed P P osed grades, the existing vegetative cover to be .f retained, the location, size and type of such vegetatio ; ��u 0,40 r� b. the proposed site development plan showing existing and roposed build- ing footprints, walls, fences, parking spaces, loading bays, driveways, walks, storage areas, public rights-of-way, easements and the location of structures on, and the uses of;•,abutting properties; c. a plan and plant schedule givingotanical and common names of plants to be used, size at time of planting, mature size, rate of growth, quantity of each, location and method of any excavation and soil prepa- ration, and the spacing and location of all proposed trees, shrubs and ground covers; .. __. p g materials during and after con s t r uc�- d. the methods for rotectin plant t ion; .. _._. 10.2.4 Where an application for an SPS is required, the landscaping plan shall be consistent with the definitive site development plan required by subparagraph 3.6.4. 10.3 TRANSITION AREAS 10.3.1 Where a lot abuts a different zoning district or is across a street from a different zoning_district, a landscaped transition and screening area shall be provided and shall be located adjacent to the lot line as set forth in the table in subparagraph 10.3.3. In the case of a non-residential,_ use in a residential district, or a non-conforming commercial use in a resi- entaa istr1dt, a-landscaped transition and screening area shall be provided exce t that while the transition area shall bethe width specified in the table in subparagraph 10.3.3, ft shall be installed only along those-segments of o rine tcessar to screen the non-residential use from dwel.Iings loca�- e on abutting lots. The transition area nay be provided yard required for a building. .. Where a lot is divided into two zoning districts for which a. transition area wow a re wired b subsection 10.3.3, the transition area shall be along the -taring drstric t line except that the SPGA may grant a special permit for the r�nsrt'io_n.area. tra`�ae in a different location if it meets the objectives of c...... _,._......._ _ ....._..�....._......_ t is section. Where a lot has a nonconforming use for which a_ special permit x.s re ueste• see 11.1.3 , a transition area:sEalTlµ�be_p:rovided o _ _._ 9 n_all .lot es where necessary to meet the objectives .of this section. Landscaping and screening of other use areas and parking lots shall be provi- ded in accordance with subsections 10.9 and 10.10. 10.3.2 A lot shall be considered to be across the street from a different zon- ing district if, at any point along its street line, a line drawn perpendicular to the street line intersects at any point with the street line , of the lot across the street. Where any part of the street line of a lot having a non-residential principal use, is determined to be across the street from a residential district, a screening and transition area shall be provided along the entire length of the street line. . If a corner lot is across the Part D - Landscaping, Transition and Screening Page-3 Comprehensive Commercial Revision (4/29/87) Otreet from a residential use or district on only one side of the lot, then screening is required only on the side that faces the residential use or district. 10.3.3 REQUIRED DEPTH OR WIDTH (IN FEET) OF TRANSITION AREA ADJACENT ZONING DISTRICT RO RS RT RD RM CN CRS CS CB CLO CRO CM STREET DISTRICT IN LINE WHICH LOT IS LOCATED RO 25* 25* 25* 10* 10* 15 15 20 - 20 20 20 - RS 25* 25* 25* 10* 10* 15 15 20 15 20 - - - RT 25* 25* 25* 10* 111; D 10 - - 10 - - RD 20* 20 20 20* 20* 20 20 20 20 20 20 20 25 RM 20* 20* asi 20* jIJ 20 20 20 - 20 - - 25 CN 20 20 20 20 20 - 10 15 7 10 - - 10 CRS 20 20 20 20 20 10 - 15 - 10 - . - 10 CS 20 20 20 20 20 15 15 - - 15 - - 10.. CB - 20 - 20 - - -w - - - - - - CLO 50 50 50 50 50 10 10 10 - - - - CRO 50 - - 50 - - - - - - - 50 CM 50 - - 50 _ - - - - - - - 50 - Not A••1' .• - * No requirement for an ind ivi al dwelling. (See a0�i.3) d,. .4 ftLuNWtbkvH 10.4. TRANSITION AREA STANDARDS AND RElUIREMENTS The following standards shall apply to the installation and maintenance of all landscaping, transition and screening areas required by this section. 10.4.1 COMPOSITION OF LANDSCAPING, TRANSITION AND SCREENING AREAS A landscaped transition and screening area shall consist of a land- scaped strip and may include fences, walls (see 10.4.8) or berms (see 10.4.9) which shall serve to provide an effective year round visual screen at a t"iige. of installation. 10.4.2 HEIGHT OF SCREENING Visual screening comprised of a mixed planting of deciduous and conife- rous trees and shrubs and walls or fences shall have a minimum overall height of six feet at the time of installation except in a required front yard where the maximum height shall comply with subparagraph 10.4.3 so as not to inter- fere with sight distance. 10.4.3 SIGHT DISTANCE In order to provide an unobstructed sight distance for motorists, there shall be a triangle which is at least 30 feet on two sides of the intersection of a street with a driveway or an interior drive that shall be clear of visual obstructions. The triangle shall be measured from the point of intersection of the street with the driveway or interior drive for a distance of at least 30 feet along the street line (see definition); along the side line of the driveway or interior drive for a distance of at least 30 feet; and by a third line connecting these two points. Within this triangle so described, nothing a r Part 0 - Landscaping, Transition and Screening rage-4 Comprehensive Commercial Revision (4/29/87) shall be erected, placed, planted, or allowed to grow in such a manner as to impede vision for motorists between a height of two and a half feet and ten feet above the grade of the center lines of the street and the driveway or interior drive. 10.4.4 TYPE OF PLANT MATERIALS a. A variety of plant materials shall be selected to provide an effective visual screen, to be maintained at a minimum height of six feet. Plantings shall be a mixture of deciduous and coniferous trees and shrubs for the screening to maintain its effectiveness throughout the winter months. b. Ground cover, grass, mulch or other equivalent landscape treatment, shall be provided in all landscaped transition and screening areas. Where the width of a transition area exceeds twenty feet, and where existing vegetation is used as the required planting, no ground cover, grass, mulch or equivalent treatment shall be required, provided all man-made debris has been removed from within the transition area. c. The substitution of artificial plant materials is not permitted. d. Existing vegetation in a healthy condition which provides an effective year round visual screen may be used as the required planting provided it is approved by the SPGA or its designee who may require supplemental planting. 10.4.5 SIZE OF PLANT MATERIALS All trees required by thi Part D - Landscaping, Transition and Screening Page-5 Comprehensive Commercial Revision (4/29/87) 3. a fence or wall of an alternate material which may be appropriate to the site which may be proposed by the applicant's landscape architect. c. Walls or fences may not be substituted for plant materials to reduce the required width of a transition and screening area. A wall or fence may be added only where a mass of plant materials would not provide an adequate screen or where required by the SPGA or its designee. 10.4.9 EARTHEN BERMS a. The SPCA or its designee may require that earthen berms be constructed within a transition area as part of a planned residential development adjacent to an arterial street or limited access highway. The berms shall be planted. Whenever a wall or fence is required in addition to a berm, the wall or fence shall be located between the berm and the higher intensity use in order to improve sound absorption. b. The use of earthen berms and similar grading techniques in combination with the standard landscaping requirement is encouraged. c. Berms shall be constructed of earth and shall be between three to six feet in height. 10.5 USE OF TRANSITION AREAS 10.5.1 Only necessary driveways or interior drives shall be located across a required transition area. No structure, parking area, play area, interior street or driveway may be located in a required transition area. 10.5.2 A transition area may be used for passive recreation; it:may contain pedestrian, bike or equestrian trails, provided they do not reduce the effectiveness of the transition area as a year round visual screen. No other uses are permitted in transition areas. 10.6 EXCEPTIONS, SPECIAL PERMITS 10.6.1 Where, due to the size, shape or topography of a lot, the strict provi- sions of this section would reduce the usable area of a lot so as to preclude a reasonable use of the lot, the SPGA may grant a special permit to modify the transition area requirements where the side of a building, a bar- rier and/or the land between the building and the lot line has been specifi- cally designed, through a combination of architectural and landscaping tech- niques, to minimize potential adverse impacts on abutting lots. 10.6.2 The application for a special permit must demonstrate, in detail, the problems imposed by these requirements and provide an effective alternative. 10.6.3 Any modification of the required transition areas may be made subject to such conditions as are determined by the SPGA to assure adequate screening and buffering between particular uses. In determining what, if any such conditions are necessary, the SPGA shall consider: Part U Lanascaping, IransiLion ana screening rage-o Comprehensive Commercial Revision (4/29/87) a. the proximity to a residential development; b. the topography of the site and of adjacent property; 47 c0 the nature of the use and/or activity on the site; d. the land use of adjacent property; e. the width and use of all abutting public rights-of-way; f. the potential for impact of any nuisance activities such as noise, light or glare. 10.7 MAINTENANCE 10.7.1 The owner of the lot shall be responsible for the maintenance, repair and replacement of all landscaping materials installed in accordance with the approved landscaping plan. 10.7.2 All plant material shall be maintained in a healthy growing condition, replaced when necessary and kept free of refuse and debris. After the ,' initial planting, all plant materials not surviving after the first winter and through the following growing season shall be replaced in kind. 10.7.3 Fences and walls shall be maintained in good repair. Gates or openings may be provided where necessary for access to an area for maintenance. 10.8 INSPECTION The landscaping plan, as approved, shall be completed according to specifica- tions prior to the issuance of a certificate of occupancy for any residential or non-residential use or building. If the completion of the structure occurs after the planting season has passed, only a temporary certificate of occupan- . cy may be issued until the landscaping is completed. 10.9 SCREENING OF OTHER USE AREAS WITHIN THE LOTS 10.9.1 OUTDOOR STORAGE AREAS All outdoor storage areas for non-residential districts and andall facilities for refuse disposal for all commercial, institu- tional Oi multi-famil uses in all districts shall be enclosed by a fence or wall at least six feet in height. In the event that a wall six feet in height is insufficient to adequately screen such areas, the SPGA or its designee may require additional screening in such manner and of such materials as may be reasonably necessary to adequately screen such area from public view. 10.9.2 SCREENING OF MECHANICAL EQUIPMENT In all districts, on non-residential properties, all air conditioning equipment, transformers, elevator equipment or similar mechanical equipment on any roof or building or on the ground shall be screened from public view. The SPGA or its designee may require additional screening in such manner and of such materials as may be reasonable necessary to adequately screen such area from public view. 10.9.3 TRANSFORMERS, EQUIPMENT LOCKERS, UNDERGROUND INSTALLATION OF UTILITY LINES in all districts, when electric, telephone and all other utility lines, cables or transformers are proposed to be extended or relocated, in connection Part D - Landscaping, Transition and Screening Page-7 Comprehensive Commercial Revision (4/29/87) with the development or redevelopment of land or a building for non- residential purposes, they shall be installed underground. 10.10 LANDSCAPING OF FRONT YARDS IN COMMERCIAL DISTRICTS For a lot in a commercial district which abuts a street and is across the street from another commercial district, there shall be a transition area (see 10.3.3) at least ten feet in width along s^Edi street line of which at least six feet shin—be lancfscaped with a minimum of one deciduous tree for each -fl5frftriiiearp1us""admit onal underplanting of shrubs which shall be maintained to a height of not less than three feet. The trees and shrubs may be arranged in groupings of planting beds and shall be a mixture of evergreen and deciduous plant materials. The underplanting may be eliminated within ten feet of the trunk of a living tree with a caliper of 18 inches or greater. Street trees as required by the Planning Board's Development Regulations may satisfy this requirement. 4 PART F. TRAFFIC E. By adding a new Section 12, as follows: "SECTION 12. TRAFFIC 12.1 OBJECTIVES, APPLICABILITY 12.1.1 The provisions of this section are intended to achieve the following purposes: a. to permit vehicular traffic on Lexington streets to move in an efficient manner without excessive delay or congestion, b. to permit emergency vehicles to reach homes and businesses with a minimum of delay, c. to reduce motor vehicle and pedestrian accidents on the town's streets, d. to consider and allow for safe and convenient routes for pedes- trians and bicyclists, e. to promote cleaner air and-to reduce automotive exhaust emissions caused by vehicles standing and idling for an excessive time, f. to promote the efficient use of the town's arterial and collector streets so that use of local and neighborhood streets as shortcuts can be discouraged, . g. to avoid excessive traffic demand on town streets that necessitate extraordinary town expenditures to maintain adequate and safe traffic flow, h. to maintain a balance between the traffic generating capacity of dwellings and businesses in the town and the traffic carrying capacity of streets and intersections, i. to encourage alternative methods of transporting people, through } public transportation, carpools and vanpools, bicycling and walk- ing, rather than near exclusive reliance on single occupant automo- biles, j. to encourage the use of good traffic engineering principles and design standards consistent with a predominantly residential subur- ban town, k. to encourage the positive management of traffic flow consistent with the town's other stated objectives, I. to encourage private sector participation in dealing with the town's traffic problems, m. to expand the town's inventory of data about traffic conditions on town streets. 12.1.2 No building permit shall be granted for the erection of a new building or the enlargement of an existing building with the result that there are 10,000 square feet or more of gross floor area on the lot, including any existing floor area but not including any floor area devoted to off-street .•� s�arki� or there are 50 or more dwel ing units, or their equivalent, includ- ing any existing dwelling units, in a development, including any existing dwelling units, unless a special permit with site plan review has been granted and the SPGA has made a determination that the streets and intersections affected by the proposed development have, or will have as a result of traffic improvements, adequate capacity, as set forth in subsection 12.3, to accommo- date the increased traffic from the development. r ui L 1:r. £L0,4L t_ 8 i 4 0-a. Comprehensive Commercial Revision (As of 4/29/87) 12.2 TRAFFIC STUDY REQUIRED 12.2.1 A traffic study shall be submitted with each application for a building permit, special permit or special permit with site plan review to which subparagraph 12.1.2 is applicable, or where required by any other provision of this By-law. 12.2.2 The traffic study shall be conducted by a traffic engineer who will certify that he/she qualifies for the position of member of the Insti- tute of Transportation Engineers (ITE). 12.2.3 For the purposes of this analysis, the terms below shall have the meaning indicated. The morning and evening "peak period" shall usua.11} be the two hours between 7 A.M. and 9 A.M. and between 4 P.M. and 6 P.M. respectively. The morning and evening "peak hour" shall be that consecutive 60 minute segment within the peak period in which the highest traffic count occurs as determined by traffic counts of the peak period divided into 15- minute segments. For uses which have an exceptional hourly, daily or seasonal peak period the SPGA ma re uire t at the anal si s be conducted or t at extraordinary peak period. A street or intersection "likely to be affected by the development" is one which has an Average Daily Traffic (ADT) of 2,000 vehicles or more and either: 1) carries 10 percent or more of the estimated trips generated by the develop- ment or 2) in the case of an intersection, traffic from the proposed develop- ment will add 5. percent or more to the approach volumes. 12.2.4 The traffic study shall include: a. An estimate of trip generation for the proposed development showing the projected inbound and outbound vehicular trips for the morning and evening peak periods and a typical one hour not in the peak period. Where there is existing development of the same type of use on the site, actual counts of trip generation shall be submit- ted. Trip generation rates may be based on: 1) the "Trip Genera- tion Manual, Third Edition" prepared by the Institute of Trans- portation Engineers, and, if applicable, 2) data about similar developments in Massachusetts or 3) data from professional planning or transportation publications, provided the methodology and relev- ance of the data from 2) or 3) is documented. b. An estimate of the directional distribution of new trips by approach streets and an explanation of the basis of that estimate. Where there is existing development of the same type of use on the site, actual counts of trip directional distribution shall be submitted. c. An assignment of the new trips to be generated by the proposed development to the segments of the Town street network, which shall include state highways in Lexington, which are likely to be affect- ed by the proposed development (see 12.2.3). _71 ritt Part E. Traffic Page E-3 Comprehensive Commercial Revision (As of 4/29/87) d. Average Daily Traffic (ADT) on the streets likely to be affected by the development (see 12.2.3), counted for a 24 hour period. e. Intersection turning movement counts of the morning and evening peak periods at the intersections likely to be affected by the proposed development (see 12.2.3). In special circumstances where the peak traffic impacts are likely to occur at times other than the usual morning and evening peak. periods, the SPCA may require counts for those other peak periods. f. An inventory of roadway characteristics of the principal approach streets adjacent to the development site and of the streets in the intersections at which turning movement counts are taken showing the width of the right of way and of the travelled way, traffic control devices, obstructions to....pA222212....tigatslialapce, the 7-671-177—Tr-3veways or access drives within 500 feet of the entrance to the site for uses that are substantial trip generators, and the presence or absence of sidewalks and their condition. g. In the case of a development in an abutting city or town, which will have a traffic impact on a street or intersection in Lexington which is one that is likely to be affected by the proposed develop- ment for which the traffic study is being prepared, the traffic impact of the development in the abutting city or town shall be included in the traffic study provided: 1) that traffic impact is equal to or greater than that set forth in the test in 12.2.3, 2) the development has been approved by official action of that abut- ting city or town but has not opened for use prior to the date that the traffic counts required by this section were taken, and 3) data on the traffic impact of that development, comparable to that required by this section, is available. h. An analysis of the effect on the capacity of those intersections in the Lexington street system likely to be affected by the develop- ment (see 12.2.3) during peak periods of: 1) the additional traf- fic generated by the development, and 2) additional traffic from other developments previously approved by the Town of Lexington for which a traffic study was required, or by an abutting city or town as provided in subparagraph "g" above, which have not yet been opened for use prior to the date that the traffic counts required by this section were taken. Analysis of the capacity of intersec- tions shall be based on traffic "levels of service" as described in the "Highway Capacity Manual, 1985 Edition" published by the Trans- portation Research Board. This analysis may include an intersec- tion of an access drive serving a development and a segment of the Lexington street system. i. Where mitigating measures or trip reduction programs are proposed, they shall be included in the traffic study at the time of filing of the application. Where the proposed mitigating measure is the construction of a traffic engineering improvement, evidence, such as letters of support, or commitment, or approval, or the award of a contract, may be submitted to show that constuction of the traf- fic improvement is likely to occur, • Part E. Traffic Page E-4 Comprehensive Commercial Revision (As of 4/29/87) j. An estimate of the time and amount of peak accumulation of off- street parking. The counts referred to above shall have been taken within the 12 months prior to the filing of the application. Upon request, the traffic engineer shall furnish an explanantion of the methodology of the traffic study and additional data, as needed. 12.3. ADEQUATE TRAFFIC CAPACITY 12.3.1 Prior to granting a special permit or special permit with site plan review in those cases covered by subparagraph 12.1.2 or as may be required elsewhere in this By-Law, the SPGA shall determine that the streets and intersections likely to be affected by the proposed development currently have, or will have as a result of traffic improvements, adequate capacity, as defined in subparagraph 12.3.2. In making its determination of adequate capacity, the SPCA shall consider at least the cumulative effect on a street or intersection likely to be affected by the development, as provided in subparagraph 12.2.3, of: 1) existing traffic conditions, 2) estimates of traffic from other proposed developments which have already been approved in part or in whole by the Town of Lexington for which a traffic study was re- quired or by official action of an abutting city or town, which have not yet been opened for use prior to the date that the traffic counts required by this section were taken, and 3) estimates of traffic from the proposed devel- opment. 12.3.2 ADEQUATE CAPACITY DEFINED BY LEVEL OF SERVICE Adequate capacity shall mean level of service "D" or better as descri- bed in the "Highway Capacity Manual, 1985 Edition" published by the Transpor- tation Research Board. If the level of service that would result from the cumulative effect, referred to in subparagraph 12.3.1 is "E" or below, the SPCA shall determine there is not adequate capacity and shall deny the appli- cation. 12.3.3 MITIGATING MEASURES TO IMPROVE CAPACITY The SPGA shall consider that various traffic engineering improvements can improve the traffic carrying capacity of,an intersection or street and improve the level of service rating to a higher and acceptable value. The SPGA shall consider such improvements in its determination and may make a conditional determination that adequate capacity is dependent upon the con- struction of the traffic engineering improvement. The SPCA may make a condition of its approval of the special permit or special permit with site plan review that the start, or any stage, of the construction of the development, or the occupancy thereof, is dependent upon the start or completion of the traffic engineering improvement. A conditional approval shall be dependent upon at least a start of the physical construction of the traffic engineering improvement. Letters of support, or commitment, or appro- val, or the award of a contract are not considered as a start of construction. Prior to making a conditional determination of adequacy, the SPGA may consider as evidence such letters of support, or commitment, or approval, or the award of a contract that constuction of the traffic improvement is likely to occur as the basis for making a conditional determination of adequacy. Part E. Traffic Page E-5 Comprehensive Commercial Revision (As of 4/29/87) 12.3.4 TRIP REDUCTION REQUIREMENTS As a condition of its approval of a special permit or a special permit with site plan review, the SPGA may require actions and programs by the owner and/or manager of a development to reduce the number of single occupant auto- mobile trips made to a development, particularly during peak traffic hours. Such actions and progams may include: 1) providing a pass to employees for use on a public transportation system that serves the development site, 2) use of carpools and vanpool s, 3) scheduling of hours of operation, such as flex-time, staggered work hours, and spread scheduling that reduces trips during peak traffic hours, 4) preferential parking locations and arrangements for vehicles other than single occupant automobiles, or 5) restrictions on access to, or egress from, off-street parking areas during peak traffic hours. Where such conditions are included, they shall include a reporting system which monitors the effectiveness of the trip reduction program. The SPCA may make a condition of the granting of the special permit or special permit with site plan review that: 1) such monitor be directly responsible to and report to the building Commissioner and 2) the applicant be responsible for the cost of providing such monitoring system. If the Building Commissioner determines that the conditions of the special permit or special permit with site plan review are not being met, he/she shall order the applicant to bring the development into compliance or shall take such other corrective enforcement action as may be needed to insure compli- ance. In subsection 3.6 which deals with the type of information to be furnished with a preliminary site development plan, by striking out subparagraph "c", which deals with the information to be included in a traffic analysis, in its entirety and by inserting in place thereof: "c. A traffic analysis meeting the requirements set forth in subsection 12.2.°° __- END OF PART E. TRAFFIC - V PART F. - REVISIONS TO TABLE 2, SCHEDULE OF DIMENSIONAL CONTROLS (4/29/87) F. In Table 2, Schedule of Dimensional Controls, by making the following changes: 1. In the column headings showing the symbols for the zoning districts, by striking out the symbols: "CR, CH, CO and CG" and all the numbers, dimensions and other notations in those columns and by inserting the symbols: "CRS, CS, CLO and CRO"; 2. By striking out the dimensional control "Minimum Side and Rear Yard Adja- cent to Residential District" and by inserting in place thereof "Minimum Side and Rear Yard Adjacent To, Or Front Yard Facing A Residential District (f)"; 3. By striking out the dimensional control "Minimum Yard Adjacent to Other District" in its entirety including all dimensions and notations under all the columns headed by the symbols for the several zoning districts; 4. In the dimensional control "Maximum Height" b strking out the words "Schoo s, Hos•itals Pu.. • ld zn„s" u� and b ins! tin,. i--mace thereof the words 'Public and institutional Buildings" ; �� 5. By striking out the dimensional control "Minimum Between Buildings" in its entirety including all dimensions and notations under all the columns headed by the symbols for the several zoning districts; 6. In footnote "c" by striking out the existing wording in its entirety and by inserting in place thereof, the following: "The minimum front yard for any other street, which is not the frontage street (see definition), shall be two thirds of that required for the frontage street provided the street was in existence on January 1, 1987. In the case of a street laid out after January 1, 1987, the minimum front yard facing all streets shall be the same as that for the frontage street." 7. In footnote "d" which deals with the front yard in the CB district, after the words "....Muzzey St.", by adding the words: "Raymond Street, Vinebrook Road and Wallis Court" and by deleting the words: "or on Bedford Street" ; 8. in footnote "e", by adding the word "non-residential" before the word "uses" so that the footnote as amended will read: "e. For non-residential uses permitted by special permit, increase the required side yard by......." (remainder of footnote unchanged). 9. In footnote "f", by striking out the existing wording in its entirety and by inserting in place thereof: "See Section 10, Transition, Screening, Landscaping"; and by striking out the notation in the column headed "CB"; 10. In footnotes "h" and "i" by deleting the existing wording in its entirety and by inserting in place thereof the word: "Reserved" . 11. By striking out the numbers, dimensions and data in the table that apply to commercial districts, i.e. those whose symbol begins with the prefix "C" and by inserting new numbers, dimensions and data as shown in the schedule entitled "F. REVISIONS TO SCHEDULE OF DIMENSIONAL CONTROLS FOR COMMERCIAL DISTRICTS" which is attached. 6 —E2-4-- 1,7 ...., u) N. co N co 00 v., , 0 0 0 0 0 ..r, c-, un m ‘n cd) .. ,..) s, ,.... ,,,, IN 04 ...? ....1" t,0 a, CO (NI 441 Oti N 0 U) 4.4 0) 0 0 1,Q 0 0 0 0 0 Ln ,n cn ul en ,n 04 1.) 0 0 in Lr 0 N N +.1 -.7 0 L.) al rn -. —, < 0 ,......, ,fr 0 • NI 0 0 Li. Lr) 0 0 0 0 on 0 rti 4,1 f.N4 0 cn •-.1 0 • r, in 01 rn ,n N N -r m E. L) .., co ,—,i O 0 0 1-4 In F-I tia ....., 0 N Ln 0 PA 3 ....., 24 0 0 c:4 N 0 N 0 Z N Z ...4 rn N Z 0-1 a-4 0 P4 0 • 43 0 4. in 0 in 0 0 0 (1•41: .... L'n 0 • N CC —I N rn N un M in N tn A., 0 . (4 .... eN --T N 0 0 3 LI N 0 3 . EY. C/3 0 4.4 Lr) 0 0 0 0 0 N • N n N N en N ,n rn ,f) N 4,1 VI 0 . U) -4 • N --.1 N 0 0 --, p4 E. z O 0 . C., 0 4.4 ,f) 0 0 0 0 0 Nt) Z ,n • N rn N N Cl N 0 Cl ,r) .... LI ...1 0 4, U) - • N .../- — 4:t ..r) 0 Z —, U) 0 _ .--1 O en Z 44• Z 14 CZ O Z 4.4 0 ',I •-.4 -..., 0 (4 A —4 > 4.. (.) tv cu c w 0 •,...1 1:1 v w V) .4-1, in 4, 4) 4) 4) 4) •••4 a) •o-1 a) - - ,-1 m ni tn 40 g) CO = e, >4 >4 .?-1 .,-1 C) 0 00 0 CZ U C wi 110 ca C4 cil 0 rn C1) as Z . o4 1, 4.4 -H 0) 0 CE M C13 1:, -C Iv =', $4 -H U)44 A., 4) 0 = 4, 0 0 al l. s. -ti Es. 0 ...I NO E. ct,) O ›., m ct a $.., a) .ct 4.3 U) RI 0 V CI) 4) 0) 0) < C. 1.J .,..1 $4 ......, 4..., ..0 E ...= C: -( Z C 0.) $.4 ai ‘. tt) 0 . ....! to...4 C "-4 0 4.1 .i..) 0 "t) ct I:1 0 CU 0 W ril -,-,4 ttl t4 )---1 0 0 S-1 .r.4 CO -,-4 4-) •-•-i • et) ,c3 41 —4 E-4 c to ,-.1 .4 4. en l ,n 44 < N., -a o cn a) ,--4 ...... co • cOIlJ = .= ›,, e e C C E CC E :,-, C C C E Xi gx. et) Cx) = Z C C cl) laC ...., C C e,.) •,. C .., EEEEEEVZ C C E -,-' -0 E $-. 4-J 0. •r-( ...-1 .1-i .,-1 •r^i .H CO -H -H •H -r-4 --I —4 .1-4 W $.1 E C C C C C C -*-1 U X X X -0 ',I X .,Z rt 0 . .,..4 .t-4 •,..4 ...f -H -,--I 1:, CO Cr) CO CO CC * C.40 r.., Z 00 00 00 ...., Z *i4 ;T. , 00 Z 0.. PO 000 ,i PART G. - SPECIAL PERMITS AND SPECIAL PERMITS WITH SITE PLAN REVIEW G. In Section 3 ADMINISTRATION AND ENFORCEMENT, By redesignating subsection 3.5 SECURITY FOR SPECIAL PERMITS, to be subsection 3.7 and by redesignating all subparagraphs thereunder which begin with the prefix 3.5 to begin instead with the prefix 3.7 and to change all cross-refe- rences to the former subsection 3.5 which appear elsewhere in the Zoning By- Law accordingly; In subsection 3.3 SPECIAL PERMITS (SP) by striking out the first and second paragraph under the heading and subparagraph 3.3.1 in their entirety and by inserting in place thereof: "3.3.1 The Special Permit Granting Authority (SPGA) may, in its discretion, grant a special permit for a use, building, structure, sign, off-street park- ing or loading, modification of dimensional standards, screening or landscap- ing, or other activity where it would not otherwise be permitted but only in those cases where this By-law specifically refers to a change from the provi- sions of this By-Law by the granting of a special permit and only in those cases where the SPGA makes the finding and determination set forth in sub- paragraph 3.3.3. An applicant is not entitled to a special permit and the SPGA, in its dis- cretion, may decline to grant a special permit if it is unable to make a positive finding and determination as required in subparagraph 3.3.2. 3.3.2 FINDING•AND DETERMINATION Prior to granting a special permit, the SPGA shall make a finding and determination that the proposed use, building, structure, sign, off-street parking or loading, modification of dimensional standards, screening or land- scaping, or other activity, which is the subject of the application for the special permit: a. complies with such criteria or standards as may be set forth in the section of this By-Law which refers to. the granting of the reques- ted special permit; b. is consistent with: 1) the general purposes of this By-law as set forth in subparagraph 1.1, and 2) the more specific objectives and purposes applicable to the requested special permit which may be set forth elsewhere in this By-Law, such as, but not limited to, those at the beginning of the various sections; (For example, see subsection 9.1 or 12.1 or subparagraphs 1.2.3, 5.2.1 or 11.1.1.); c. is designed in a manner that is compatible with the existing natu- ral features of the site and is compatible with the characteristics of the surrounding area. Where the SPGA determines that one or more of the following objectives are applicable to the particular application for a special permit, the SPGA shall make a finding and determination that the objective will be met: d. the circulation patterns for motor vehicles and pedestrians which would result from the use or structure which is the subject of the special permit will not result in conditions that unnecessarily add to traffic congestion or the potential for traffic accidents on the site or in the surrounding area; and Part G, SF and SFS Page 0-2 Comprehensive Commercial Revision (As of 4/29/87) e. the proposed use, structure or activity will not constitute a demonstrable adverse impact on the surrounding area resulting from: 1) excessive noise, level of illumination, glare, dust, smoke, or vibration which are higher than levels now experienced from uses permitted in the surrounding area, 2) emission or discharge of noxious or hazardous materi r substances, 3) pollution of water ways or ground water or ) transmission of signals that �'' interfere with radio or tel sion reception. 3.3.3 CONDITIONS FOR APPROVAL OF A SPECIAL PERMIT In addition to the conditions, standards and criteria as may be set forth in the section of this By-law that refers to the granting of the special permit, the SPGA may impose additional conditions and limitations, as it deems necessary to insure that the finding and determination that it must make under subparagraph 3.3.2 is complied with, including but not limited to: a. dimensional standards more restrictive than those set forth in Table 2, Schedule of Dimensional Controls; b. screening or landscaping of structures or of principal or accessory uses from view from adjoining lots or from a street, by planting, walls, fences or other devices; planting of larger planting strips, with more or larger plant materials or higher walls or., . `' fences than that required in Section 10; ._ riq,.litd. c. modification of the exterior features or appearance of a building or structure; d. limitations on the size, number of occupants or employees, method or hours of operation, extent of facilities or other operating characteristics of a use; e. regulation of the number, design and location of access drives or other traffic features of the proposed use; f. provision of a greater number of off-street parking spaces or loading bays, and with greater yard setbacks, landscaping and screening than the minimum standards set forth in Section 11; g. limitations on the number, location, type and size of signs or illumination or modification of the design features thereof; h. limitations on construction activities, such as but not limited to, the hours during which construction activity may take place, the movement of trucks or heavy equipment on or off the site, measures to control dirt, dust, erosion and to protect existing vegetation on the site; i. requirements for independent monitoring, at the expense of the applicant, and reporting to the building commissioner, if necessary to insure continuing compliance with the conditions of a special permit or of this By-Law; j. limitations on the period of time the special permit shall be in effect; and k. such other limitation as may be reasonably related to reducing any adverse impact on, or increasing the compatability of the proposed use, structure or activity with, the surrounding area." In subsection 3.4 SPECIAL PERMITS WITH SITE PLAN REVIEW (SPS), by deleting all of the text under the heading and before subparagraph 3.4.1 in its entirety and by inserting in place thereof the following: , Part G, SP and SPS Page G-3 Comprehensive Commercial Revision (As of 4/29/87) "3.4.1 A special permit with site plan review (SPS) is a type of special permit in which a use, or one or more buildings that comprise a devel- opment, may be permitted if the proposed development of the site meets certain criteria, standards or conditions as set forth in the section of this By-Law that refers to the granting of a special permit with site plan review and to other standards and objectives as set forth in this section. The SPGA may, in its discretion, grant a special permit with site plan review but only in those cases where this By-law specifically refers to the granting of a special permit with site plan review and only in those cases where the SPGA makes a finding and determination, as set forth in subparagraph 3.4.2. An applicant is not entitled to a special permit with site plan review and the SPGA, in its discretion, may decline to grant a special permit with site plan review if it is unable to make a positive finding and determination as requir- ed in subparagraph 3.4.2. 3.4.2 FINDING AND DETERMINATION Prior to granting a special permit with site plan review, the SPGA shall make a finding and determination that the proposed development of the site: a. complies with such criteria or standards as may be set forth in the section of this By-Law which refers to the granting of the reques- ted special permit with site plan review; b. is designed in a manner that is compatible with the existing natu- ral features of the site and is compatible with the characteristics • of the surrounding area; c. meets accepted design standards and criteria for the functional design of facilities, structures and site construction; d. will not create impacts on the public services and facilities serving the development, such as the sanitary sewer system, the storm drainage system, the public water supply, the street system for vehicular traffic, the sidewalks and footpaths for pedestrian traffic, and, in addition, for residential developments, the recre- ational ecre- ational facilities, which can not be accommodated by such services and facilities, or where there is insufficient capacity in such services and facilites, improvements will be made to provide suffi- cient capacity; (see Section 12for the standards for the adequacy of the street system to accommodate additional traffic); e. will not create adverse impacts, including those that may occur off the site, or such potential adverse impacts will be mitigated in connection with the approved development, so that the development will be compatible with the surrounding area; f. is consistent with: 1) the general purposes of this By-law as set forth in subparagraph 1,1, and 2) the more specific objectives and purposes applicable to the requested special permit with site plan review which may be set forth elsewhere in this By-Law, such as, but not limited to, those at the beginning of the various sections. (For example, see subsection 8.1, 9.1 or 12.1 or subparagraphs 1.2.3, or 11.1.1.); Where the SPGA determines that one or more of the following objectives is applicable to the particular application for a special permit with site plan review, the SPGA shall make a finding and determination that the objective will be met: r: 0 Part G, SP and SPS Page G-4 Comprehensive Commercial Revision (As of 4/29/87) tom" g. that the proposed development will not present a demonstrable adverse impact on the surrounding area resulting from: 1) excess- ive noise, level of illumination, glare, dust, smoke, or vibration which are higher than levels now experienced from uses permitted in the surrounding area, 2) emission or discharge of noxious or hazar- dous m. ials or substances, 3) pollution of water ways or ground water 41:114) transmission of signals that interfere with radio or televis • reception; h. that the existing land form is preserved in its natural state, insofar as practicable, by minimizing grading and the erosion or stripping of vegetation that may result therefrom, particularly from development on steep slopes, and�iaintaining man-made fea- tures that enhance the land form, such as stone w""a `s, with minimal alteration or disruption; i. that buildings are located: 1) harmoniously with the land form, vegetation and other natural features of the site, 2) effectively for solar and wind orientation for energy conservation, and 3) advantageously for views from the building while minimizing the intrusion on views from other buildings; j. that a system of routes for pedestrians, including bicycles, with minimal conflicts with vehicles, is provided; k. that all measures necessary to minimize soil erosion and to control sedimentation in the disturbed land area of a proposed development are taken, such as, but not limited to, minimizing the velocities of water runoff, maximizing protection of disturbed areas from stormwater runoff, and retaining sediment within the development site as early as possible following disturbances; 1. the removal or substantial alteration of buildings of historic or architectural significance is minimized and that new uses or the erection of new buildings are compatible with buildings or places of historic or architectural significance; m. that the natural character and appearance of the town is enhanced. Awareness of the existence of a development, particularly a non- residential development or a higher density residential develop- ment, should be minimized by screening views of the development from nearby streets, single family neighborhoods or Town property by the effective use of existing land forms, or alterations there- to, such as berms, and by existing vegetation or supplemental planting; n. that open space on the site, particularly such common open space and usable open space as may be required by this By-Law, is located and designed so as to increase the visual amenities for the sur- rounding area as well as for the occupants of the development; o. that `the scale, massing and detailing of buildings are compatible with those prevalent in the surrounding area, without specifying any particular architectural style; p. that construction on the site conforms to good design practice for features such as parking and loading, grading, landscaping, drain- age, utilities, lighting; q. that there is easy access to buildings, and the grounds adjoining them, for operations by fire, police, medical and other emergency personnel and equipment; F," Part G, SP and SPS Page G-5 Comprehensive Commercial Revision (As of 4/29/87) r. that there is improved access to, or the development of additional links and connections to, a Town system of public facilities such as conservation areas, recreation facilities, footpaths or bicycle paths, streets or utility systems; s. that the location of intersections of access drives with the Town's arterial or collector streets minimizes traffic congestion; t. that electric, telephone, cable TV and other such lines and equip- ment are either placed underground or are as inconspicuous as possible; that support facilities such as storage, refuse dispo- sal, utility buildings and structures for recreational activities are located, and screened, to form as effective a visual screen of them as is possible; u. that no development shall cause downstream properties, water cour- ses, channels, or conduits to receive stormwater runoff from a proposed development at a higher peak flow rate, or to receive other unreasonable impacts, than would have resulted from the same storm event occurring over the site of the proposed development in its natural undeveloped condition; v. that adequate water quality standards are promoted giving due regard to the conservation of surface and groundwaters for the protection of fish and wildlife, recreational purposes and the use of such water for public water supply in communities which are downstream, by requiring that adequate pollution abatement controls be incorporated into the drainage design of the proposed develop- ment; 3.4.3 CONDITIONS FOR. APPROVAL OF SPECIAL PERMIT WITH SITE PLAN REVIEW In addition to such conditions, standards and criteria as may be set forth in the section of this By-law that refers to the granting of a special permit with site plan review, the SPGA may attach such conditions and limita- tions as it deems necessary to insure that the finding and determination that � must make under subparagraph 3.4.2 is complied with, including, but not limited to: a. any of the conditions set forth in subsection 3.3.3 which apply to the granting of a special permit; b. reduction in the density of development such as the number of dwelling units or buildings in a residential development or in the amount of floor area in a commercial development; c. compliance with traffic trip reduction techniques, such as those set forth in subparagraph 12.3.4; d. to require the provision of security, as set forth in subparagraph 3.7. Where an applicant proposes, and will be responsible for carrying out, mitiga- ting measures or the construction of improvements to deal with the impacts of a proposed development or to provide sufficient capacity in Town facilities or services, the SPGA: 1) shall make compliance with such measures or completion of such construction a condition of the granting of, or the continued compli- ance with, the special permit with site plan review, 2) may link the stages of construction of such improvements to the stages of construction of the proposed development. Where an applicant offers to make a financial contribu- tion to the Town for the construction of improvements to increase the capacity of Town facilities or services, with the work not to be performed by the applicant, the SPGA: 1) shall make the special permit with site plan review, Part G, SP and BPS Page G-6 Comprehensive Commercial Revision (As of 4/29/87) if approved, conditional upon the receipt of the funds and 2) to link the stages of construction of the proposed development to the stages of the com- pletion of the improvement." By deleting subparagraphs 3.4.1 through 3.4.6 in their entirety and by insert- ing nserting a new subsection 3.5 as follows; °'3.5. PROCEDURES FOR SPECIAL PERMITS AND SPECIAL PERMITS WITH SITE PLAN REVIEW 3.5.1 APPLICATION PROCEDURES 3.5.1.1 INFORMATION REQUIRED A person applying for a special permit under subsection 3.3 or a speci- al permit with site plan review under subsection 3.4 shall file an application and plans, one copy of each, with ,the Town Clerk and seven copies of each with the SPGA. Such application and site plan shall refer to the specific section of this By-law, other than subsection 3.3 or 3.4, which refers to the granting of a special permit or special permit with site plan review and shall include information on the conditions, standards and criteria sufficient for the SPCA to make the finding and determination required by subparagraphs 3.3.2 or 3.4.2. The application to the SPGA for a special permit under subsection 3.3 shall be accompanied by the following materials: a. a plot plan, showing the 'location of all buildings and structures on the lot including existing conditions and proposed changes, if applicable. In the case of a building or structure which is, or is proposed to be, close to a minimum yard setback line, the SPGA may require submittal of a certified plot plan. b. if applicable, an off-street parking and loading plan, as described in subsection 11.2. c. if applicable, a landscaping plan, described in subsection 10.2. d. if applicable, a copy of the determination of applicability issued by, or of a Notice of Intent filed with, the Conservation Commis- sion pursuant to Article XXXIII of the General By-Laws and Chapter 131, Section 40 MGL, e. if applicable, proposals for mitigating measures or the construc- tion of improvements to deal with the impacts of the proposed development or to provide sufficient capacity in Town facilities or services; and f. any other material necessary for the SPGA to make the finding and determination required by subparagraph 3.3.2 or 3.4.2 or as may be required by the written rules of the SPGA. The application to the SPGA for a special permit with site plan review under Section 3.4 shall, in addition, be accompanied by the following material: g. a definitive site development plan, as described in 3.6.4. Part G, SP and SPS Page G-7 Comprehensive Commercial Revision (As of 4/29/87) The term "application" as used in this section shall include the accompanying materials descried in a through g above. Upon written request from the applicant prior to the filing of an application, the SPGA may waive the submission of such information, plans, studies or analyses, or parts thereof, as may not be needed for, or germane to, conside- ration of the application. 3.5.1.2 ACCEPTANCE OF APPLICATION Upon the original submittal of an application to the Town Clerk and the SPGA, the application shall be considered to be conditionally accepted pending review of its contents. Within 14 days of the original submittal of the application, the SPGA, or its designee, shall determine whether the applica- tion is complete. An application which does not contain any of the material described in a, b, c, d, e, f, or g above, shall be considered incomplete, shall not be considered to have been filed and shall not be accepted for processing. If an application is determined to be incomplete, the SPGA or its designee, shall notify the Town Clerk and the applicant in writing that the application has been determined to be incomplete setting forth thereasonsfor that determination and that the appication is not considered to have been filed. If the application is considered to be complete, or if the applicant and the Town Clerk are not notified that the application is incomplete within 14 days, the application shall be considered to be complete as of the date originally submitted. If a revised application is submitted, it shall be considered to be a new application and shall be subject to the same procedures and determinations as ,to completeness as are set forth above. The time periods set forth in this By-Law and Chapter 40A, MGL, during which the SPGA shall notify parties in interest, hold a public hearing and issue a decision will not start until the application is considered to be complete. 3.5.2 SPGA PROCEDURES A4taromk Upon the determination that an application for a special permit with (kadt site plan review is complete, or is considered to be complete because of the expiration of 14 days without notification to the applicant, the SPGA shall promptly notify the Conservation Commission, the Engineering Department,, the Fire Department, the Board of Health and the Planning Board (when it is not Tirri-FUT77-717E7Teceipt of the application and such other boards, commiss- ions or departments as it may consider appropriate, given the substance of the application. In the case where the Planning Board is not the SPGA, the SPGA shall furnish the Planning Board with one copy of the complete applicaqQ.E_IAL a special 'emit with site plan review and the Plannin: Board shall submit a nd recg, i,,encLin to the SPGA on the application. 3.5.3 PUBLIC HEARING, RECEIPT OF RECOMMENDATIONS The SPGA shall hold a public hearing on the application, as provided in Chapter 40A, M.G.L., within 65 days after the'. filing of an application which has been determined to be complete and, except as hereinafter provided, shall take final action on an application within 90 days after the hearing. The SPGA shall not make a decision on an application for a special permit with QF Part G, SP and SPS Page G-8 Comprehensive Commercial Revision (As of 4/29/87) LvNewitt4sitAmAlt. t AAAPV.40 Aft cA‘a rAma ajjAk klktum44, AO 4,104 V 3,5- cidke. U site plan review until boards commissions and departments which have been naTTITHiVe submitted reports or recommendations thereon or, if reports are not received*Intil 35 days have elapsed since the date of filing of an appli- cation which has been determined to be complete. 3.5.4 EXTENSION OF TIME FOR ACTION, LEAVE TO WITHDRAW The period within which final action shall be taken may be extended for a definite period by mutual consent of the SPGA and the applicant. In the event the SPCA determines that the plans and evidence included with the appli- cation or presented to it at the public hearing are inadequate to permit the SPGA to make a finding and determination, in its discretion, instead of deny- ing the application, it may: a. adjourn the hearing to a later date to permit the applicant to submit a revised site plan and further evidence, provided, however, that such adjournment shall not extend the 90 day period within which final action shall be taken by the SPGA, unless said period is extended to a day certain by mutual consent, or b. grant a leave to withdraw without prejudice so that the applicant may submit a revised application which shall not be considered as a repetitive petition. Such revised application shall be treated as a new application. 3.5.5 DECISION OF THE SPGA The SPGA may grant, grant with conditions, deny, or grant a leave to withdraw an application for a special permit or a special permit with site plan review. A decision to grant, or grant with conditions, shall cite the specific section of this By-Law which refers to the granting of a special permit or special permit with site plan review and shall incorporate by refe- rence the plans referred to in 3.5.1 which have been filed with the applica- tion. A copy of the decision shall be filed with the Town Clerk and the Planning Boar. , w en it is not the I and s all be Any person a::rieved by a decision of the SPGA ma file an a..eal to a court o the Commonwea th b bringing an action within 20 days of the date t e ecision was filed with the Town Clerk, as provided-7 -"UrgiA77-777—STETTon An applicant is not entitled to a special permit or a special permit with site plan review and the SPGA, in its discretion, may decline to grant it if the SPGA is unable to make a positive finding and determination as required in subparagraph 3.3.2 or 3.4.2. The applicant shall be responsible for filing in the Registry of Deeds or, where applicable, in the Land Court of the Commonwealth, a copy of the deci- sion of the SPCA granting a special permit or special permit with site plan review. Prior to the issuance of a building permit, the applicant shall present to the Building Commissioner evidence of such recording. 3.5.6 CONDITIONS FOR APPROVAL OF SPECIAL PERMIT WITH SITE PLAN REVIEW In addition to the conditions, standards and criteria set forth in the section of this By-law that authorizes the granting of a a special permit or a special permit with site plan review, the SPGA may attach such conditions Part G, SP and SPS Page G-9 Comprehensive Commercial Revision (As of 4/29/87) and limitations as it deems necessary to insure that the finding and determi- nation that it must make under subparagraphs 3.3.2 or 3.4.2 is complied with. In the event that the SPGA approves a special permit or a special permit with site plan review, any use or any construction, or any subsequent reconstruc- tion or substantial exterior alteration shall be carried out only in conformi- ty with all conditions and limitations included in the decision of the SPGA, - - " and only in essential con?ormity wit t e application and the definitive site plan on the basis of which the finding and determination was made. 3.5.7 SPGA FAILURE TO TAKE ACTION In the event the SPGA shall fail to hold a public hearing or shall fail to take action on an application within the times set forth in subparagraph 3.5.3 or within such extended period as may have been mutually agreed under subpararagraph 3.5.4, then upon the expiration of said times, the SPGA shall be deemed to have granted the application. 3.5.8 REVISION OF SPECIAL PERMIT Subsequent to a special permit or a special permit with site plan review granted by the SPGA, minor revisions in the plan may be made from time to time in accordance with applicable law, by-laws, and regulations, but the use or development approved under such special permit or special permit with site plan review shall otherwise be in accordance with the plans referred to, and such conditions as may be included, in the decision of the SPGA. The developer shall notify the SPGA in advance of any such revision which shall not be effective until approved by vote of the SPGA. If the SPGA determines such revisions not to be minor, it shall order that an application for a revised special permit or special permit with site plan review be filed, and a public hearing be held in the same manner as set forth in Section 3.5.3."; by redesignating the existing subsection 3.3.2 CONFORMING TO SUBSEQUENT AMEND- MENT in its entirety and any cross-references thereto to be subsection 3.5.9. and by inserting the words: "or special permit with site plan review" after the words: "...special permit..." where they appear in the first sentence and in the second sentence; and by striking out the word: "issuance" in the first sentence and by inserting in place thereof the word: "granting" so that the phrase as amended will read: "...after the granting of the permit...".; END OF PART G 1 1h€r is C.h iiNG e� I Al F-Ok ter ti NLY. (7 //�S d iL y THe � J`f .,S _ _ GLJoR b/N �' J EGeSSe44�.Y FOk THE E MO r!OM. A)® CI{ -Pi E ,k 19Ted pa,51 G- AT' t%) Feonk TOE 3/3(,/87 ED ir IQ t. Peo po.sj . PART H. - REDESIGNATION OF COMMERCIAL DISTRICTS H. By changing the zoning district designation on the Zoning Map according to the new classification of zoning districts and as indicated in the tables below. Reference to the district number below is to the district numbers of the several zoning districts as they appear in "Town of Lexington, Mass. Zoning District Maps" dated November 1, 1976, prepared and published by the Planning Board 1. CHANGE IN SYMBOL AND TITLE ON THE ZONING MAP GENERALLY SUCH AS THE LEGEND Former District Symbol and Title New District Symbol and Title CO Office CLO Local Office CR Office and Research Park CRO Regional Office CM Manufacturing and Research Park CM Manufacturing by removing the following two districts from the Zoning Map CG General Business CH Hotel, Office, and Research Park by adding the following two new district designations to the Zoning Map CRS Retail Shopping CS Service Business • • 2. CHANGE IN SYMBOL AND TITLE ONLY OF SPECIFIC DISTRICTS All existing districts now designated "Office CO" shall be designated "Local Office CLO"; all existing districts now designated "Office and Research Park CR" shall be designated "Regional Office CRD"; all existing districts now designated "Manufacturing and Research Park CM" shall be designated "Manufac- turing CM" e 3. CHANGE IN DESIGNATION OF SPECIFIC DISTRICTS Existing District New District Designation and Location Symbol and Title CN Neighborhood Business District No. School St - Lincoln Street 23.63 CLO Local Office Part H. Redesignation of Districts, Page H- 2 Comprehensive Commercial Revision (as of 4/29/87) CG General Business District No. Bedford St - Worthen Road 23.95 CRS Retail Shopping 23.96 Bedford St south side - at B&M RR ROW 23.75 CS Service Business Lowell St - Woburn St 23.84 CRS Retail Shopping Lowell St - North St 23.82 CS Service Business Marrett Rd - Waltham St North of Marrett Road 23.85 CN Neighborhood Business 23.76 South of Marrett Road 23.77 CRS Retail Shopping 23.78 Marrett Rd - Spring St 23.79 CS Service Business Marrett Rd - Lincoln St - Five Forks West of Marrett Road 23.83 CLO Local Office East of Marrett Road 23.80 CS Service Business Mass Ave - Sylvia St 23.71 CN Neighborhood Business Mass Ave, north side from Arlington 23.91 CRS Retail Shopping line to RT district Mass Ave - Independence Ave 23.73 CN Neighborhood Business Mass Ave - Curve St 23.72 CLO Local Office Waltham St at city line 23.86 CRS Retail Shopping (lot partly in Waltham) Woburn St - Fletcher Ave 23.81 CS Service Business CH Hotel, Office and Research Park District No. Bedford St - Route 128 - Hartwell Ave. 23.21 CR0 Regional Office Marrett Road at Route 2A 23.22 CR0 Regional Office :awff naw w Part H. Redesignation of Districts, Page H- 3 Comprehensive Commercial Revision (as of 4/29/87) 4. SUBDIVISION OF AN EXISTING DISTRICT INTO TWO NEW DISTRICTS a. Boundaries of a proposed new district created from part of the existing "General Business CG" district on the north side of Bedford St near Larchmont Lane, identified as district number 23.74, to be designated as a "Local Office CLO" district: "Beginning g g at a point on the easterly line of Bedford Street near its inter- section with Larchmont Lane, said point being the intersection of said street line with the lot line separating Assessor's lot number 76 now or formerly of the Liberty Mutual Insurance Company and Assessor's lot number 77 now or formerly of Moore Realty Trust as shown on Town property map number 64; thence Northeasterly along land now or formerly of Moore Realty Trust, Blanche T. Johnson, Murat and Lucille M. Marash, and Philip L. and Joseph C. Tropeano, one course, comprising + 680.82 feet; Northeasterly along the existing boundary line separating the General Busi- ness CG district from the One Family Residential RS zoning district, said line being the straight line extension of the line described above, said line traversing land now or formerly of Philip L. and Joseph C. Tropeano, and Daniel M. and Janice C, Whitney, one course, comprising + 529 feet; Northwesterly along land now or formerly of the B & M Railroad, one course, comprising + 175 feet; Southwesterly along land now or formerly of the Town of Lexington, one course, comprising + 80 feet; Northwesterly along land now or formerly of the Town of Lexington, one course, comprising + 185 feet; Southwesterly along land now or formerly of the Town of Lexington, one course, comprising + 320 feet; Northwesterly along land now or formerly of the Town of Lexington, one course, comprising + 260.8 feet; Southwesterly along land now or formerly of the Town of Lexington, one course, comprising + 274.8 feet; Southeasterly along land now or formerly of Craig A. Foster, and Donald F. and Edith M. Kaplan, one course, comprising + 72.7 feet; Southwesterly along land now or formerly of Donald F. and Edith M. Kaplan, one course, comprising + 196 feet; Southeasterly along the easterly line of Bedford Street, three courses, comprising 272.95 feet, to the point and place of beginning. Part H. Redesignation of Districts, Page H- 4 Comprehensive Commercial Revision (as of 4/29/87) Comprising 7.31 acres of land, more or less; all such distances being approxi- mate. Such land is shown on property map number 64 of the Town of Lexington, dated January 1, 1986." b. Boundaries of a proposed new district created from the remainder of the existing "General Business CG" district on the north side of Bedford St. near Larchmont Lane, identified as district number 23.74, to be designated as a "Neighborhood Business CN" district: "Beginning at a point on the easterly line of Bedford Street near its inter- section with Larchmont Lane, said point being the intersection of said street line with the lot line separating Assessor's lot number 181 now or formerly of Moore Realty Trust and Assessor's lot number 74A now or formerly of Donald F. and Edith M. Kaplan as shown on Town property map number 64; thence Northeasterly along land now or formerly of Moore Realty Trust, one course, comprising + 196 feet; Northwesterly along land now or formerly of Moore Realty Trust, one course, comprising about 72.7 feet; Northeasterly along land now or formerly of Moore Realty Trust, and Lexington Council #94 Knights of -Columbus Association, Inc., one course, comprising + 274.8 feet; - Southeasterly along land now or formerly of Lexington Council #94 Knights of Columbus Association, Inc., one course, comprising + 260.8 feet; Northeasterly along land now or formerly of Philip L. and Joseph C. Tropeano, one course, comprising + 320 feet; Southeasterly along land now or formerly of Philip L. and Joseph C. Tropeano, one course, comprising + 140 feet; Northeasterly along land now or formerly of Daniel M. and Janice C. Whitney, one course, comprising + 80 feet; Northwesterly along land now or formerly of the B & M Railroad, one course, comprising + 1,400 feet; Southeasterly along the easterly line of Bedford Street, three courses, comprising + 800 feet, to the point of beginning. Comprising eleven acres of land, more or less; all such distances being approximate. Such land is shown on property map number 64 of the Town of Lexington, dated January 1, 1986. End of Part H x I PART I: ADJUSTMENTS, CORRECTIONS TO EXISTING BY-LAW This .art includes chan:es in references, cross-references, numbering, s mbols for districts and the like necessitated by adoption of Parts A-H. These are not intended to change the meaning of the By-Law. 1. In SECTION 2 DEFINITIONS, in the definition "BUSINESS DISTRICT", by striking out the word "BUSINESS" in the title and by inserting in place thereof the word "COMMERCIAL" so that the title reads "COMMERCIAL DISTRICT" and by inserting the definition, as corrected, in the proper alphabetical sequence; and by inserting a new definition, in the proper alphabetical sequence, as follows: ' BUSINESS DISTRICT: Same as "COMMERCIAL DISTRICT" 2. In SECTION 2 DEFINITIONS, in the definition "JUNKYARD", by striking out the number "10.2" after the word "line" and by inserting in place thereof "18.3" so that the cross-reference is to line 18.3 in Table 1, 3. In subparagraph 3.6.2 a 1) which refers to the preliminary site development and use plan for a planned commercial district, by striking out the words "Use Regulations Schedule" after the words Table 1 and by inserting in place thereof the words "PERMITTED USES AND DEVELOPMENT STANDARDS". 4. In paragraph 7.1.2 which refers to residential uses in other districts, by striking out the district designations "CH" and "CG" and by inserting in place thereof the district designations "CS" and "CRS"; and by changing the district designations "CR" to "CRO" and "CO" to "CLO". 5. In paragraph 7.4.7, in the title "FRONTAGE ON TURN-AROUND IN CR AND CH DISTRICTS", by striking out the words "CH AND" and by changing the district designation "CR" to "CRO", so that the title reads, "FRONTAGE ON TURN-AROUND IN CRO DISTRICTS"; and in the first sentence by striking out the words "and 1 , CH" and by changing the district designation "CR" to "CRO", so that the sentence reads, "In CRO districts,...". 6. In subparagraph 8.6.4.c, by striking out the number "9.6.4.a" in the last sentence and inserting in place thereof "8.6.4.a". 7. In paragraph 9.4.2, in the last sentence, by adding the words "with site plan review" after the word "permits" and by adding the words "and 3.5" after "Section 3.4"; so that the sentence reads, " In acting upon applications for special permits with site plan review, the SPGA shall be governed by the provisions of Section 3.4 and 3.5." 8. In paragraph 9.4.6, in the last sentence, by striking out the numbers "3.4" and inserting in place thereof the numbers "3.5". 9. In paragraph 9.4.8, in the first sentence, by striking out the word "considerations" and inserting in place thereof the words "finding and determination"; by deleting the following subparagraphs: "a., b., c., e., f., g., h., 1., j ., k."; by deleting the first sentence in subparagraph "d.", Architectural Character; and by renumbering subparagraph "d." to be "a." Part I. Technical Corrections Page I-'2 Comprehensive Commercial Revision (as of 4/29/87) 10. In subparagraph 11.3.1.5)a. by striking out the number "6.0" after the word "Section" and inserting in place thereof, "7.0 and 8.0". 11. In subparagraph 11.3.3.5) by insertingafter the word "Restaurants" the words "and other eating or food service uses". 12. In paragraph 11.6.1 in the first sentence by striking out the words "such dwelling" and by inserting in place thereof, "a two-family dwelling and not more than three outdoor parking spaces serving a one-family dwelling,". 13. In paragraph 11.6.2 in the table, by striking out the district designation "CG" and by inserting in place thereof the district designations "CS" and "CRS"; by deleting the district designation "CH"; and by changing the district designations "CR" to "CRO" and "CO" to "CLO". 14. In paragraph 11.6.2, by inserting before the word "NOTE:" a new paragraph, as follows, "Section 10 may require greater setback requirements than as set forth in the above table.". 15. In paragraph 11.6.3, by inserting a second paragraph as follows, "NOTE: Section 10 may require greater setback requirements than as set forth above.". 16. In paragraph 11.6.6, by inserting after the title and before subparagraph a. the following sentence, "NOTE: Section 10 may require more extensive setback, transition and screening requirements in addition to those set forth below." 17. In paragraph 11.7.9, by inserting after the title and before subparagraph a. the following sentence, "NOTE: Section 10 may require more extensive landscaping requirements in addition to those set forth below." 4 (Adjourned SessiOt - Annnal Tenni:Meeting - Aprii 29A , V, COnt. /sr ARTICLE 43. ZONING BY-LAW, COMPREHENSIVE REVISIONS COMMERCIAL DISTRICTS, PERMITTED USES Judith Uhrig, Planning Board Chairman, asked that the report of the Planning Board be accepted and placed on file. The Moderator declared the report to have been accepted and placed on file. 8:25 p.m. Mrs. Uhrig made the following motion: ,MOTION: I move that the Zoning By-Law be amended as (amended by: set forth in the motion entitled "Motion for the Town Rotberg, Clerk" which is attached to the Planning Board's Part 2 - [ see belowjAND report on this proposed amendment. 8:27 see Pages 140,141, p.m. 150,151,1522154 155 (also 157,18) Mrs. Uhrig explained the history of the zoning by-law and the reasons the Board seeks change. Jacquelyn Smith, Selectman, voiced unanimous support of the article. 8:44 p.m. Mrs. Uhrig responded to a series of questions from Joel Adler, Pr. 1, regarding the Countryside area. 8:58 p.m. Arthur Smith, Pr. 2, asked what the effective date of this article would be if passed tonight. Town Counsel, Norman Cohen, explained that zoning by-laws need a 2/3rds vote to be carried, would be submitted to the Attorney General for approval within 90 days of receipt, advertised, and would be effective at that point as of the date it passed. 9:00 p.m. Robert Rotberg, Pr. 3, moved the following: MOTION: That the motion under Article 43 be amended as follows: In part C. - Table 1, line 8.14, strike out "SP" and substitute therefor "N". (not passed-see Page 140) In 10.11 (CRS) strike out "Y" and substitute therefor "N" (passed- 10.12 (CRS) strike out "Y" and substitute therefor "N" see Page 10.13 (CRS) strike out "Y" and substitute therefor "N" 140) 9:04 p.m. Karsten Sorenson, Planning Board, spoke on the zoning as to liquor stores and gasoline stations and recommended voting against this amendment. 9:08 p.m. Joel Adler, Pr. 1, voiced support of the amendment, as did Sheldon Spector, Pr. 8. Sam Silverman, Pr. 5, questioned if further bowling alleys would be ruled out and Mrs. Uhrig replied yes. 9:10 p.m. Vicki Schwartz, Pr. 2, asked why this could not be "SP"? Mr. Rotberg asked for a way to close out "SP" in the small CRS zones. 9:11 p.m Richard Michelson, Pr. 8, urged Town Meeting to vote against.9:16 p.m. Lloyd Gilson, Pr. 7, asked for the vote on the amendment to be divided into two parts. The Moderator agreed. 9:16 p.m. Ephraim Weiss, Pr. 5, stated that this is a vote on use. 9:16 p.m. In reply to Marthur Kalil, Pr. 7, Mrs. Uhrig stated that a use could be sold. 9:18 p.m. Paul Riff in, Pr. 3, asked if under the present by-law the only place that a liquor store is permitted is in a CD district? 9:19 p.m. Robert Bowyer, Planning Director, responded. 9:20 p.m. James Barry, Pr. 1, supported the amendment. 9:21 p.m. Following a voice vote on the first part of the amendment, the Moderator declared it not to have passed. 9:22 p.m. Town Meeting rose to doubt the vote and the following standing vote was recorded: /447 Arc% (Adjourned Session - Annual Town Meeting - April 29, 1987, Cont.) Precinct Yes No 1 5 7 2 5 8 3 7 9 4 3 12 5 10 5 6 5 11 7 6 9 8 4 10 9 8 10 At large 4 16 Totals 57 97 The Moderator declared the first part of the motion not to have passed. 9:26 p.m Following a voice vote the Moderator declared the second part of the motion to have carried. 9:27 p.m. Richard Michelson, Pr. 8, questioned the number of substantial changes which had been made via amendments and if they fell outside the presentation of the public hearings. 9:30 p.m. Town Counsel Norman Cohen replied that nothing in the final motion was outside the scope of the article. 9:31 p.m. Mr. Michelson spoke against. 9:41 p.m. Mrs. Uhrig replied to a number of questions concerning specific uses by Albert Zabin, Pr. 1; Richard Michelson, Pr. 8; Jacquelyn Ward, Pr. 7. 9:45 p.m. Mrs. Uhrig then proceeded with Section H. 9:46 p.m. Robert Whitman, Pr. 7, offered the following amendment to Article 43: MOTION: Under Part C, line item 11.14, under CRS change N to SP. (passed - see below) Mrs. Uhrig stated that the Planning Board had no problem with the amendment. A series of comments and questions and answers ensued. 10:00 p.m. Following a voice vote the Moderator declared the motion as offered by Mr. Whitman to have carried. 10:02 p.m. Further questions on definitions were asked and answered. Mrs. Uhrig introduced Dan Began, a traffic consultant, who spoke on standards and criteria in connection with Section E, Traffic. 10:12 p.m. A series of questions and answers on traffic issues followed the presentation. Ira Richer, Pr. 3, proposed a change involving Level of Service. 10:27 p.m. Robert Bowyer, Planning Director, told the Meeting of court action which involved traffic considerations, both in Lexington and other towns. He stated that the Board had worked hard to bring Lexington into a position which would work with the current court decisions. Level of service D or better, or correction to Level of Service D or better, is what the Board has worked to achieve. This amendment places Lexington at risk. 10:38 p.m. Ira Richer, Pr. 3, replied that the issue is what is appropriate for Lexington, not Cambridge or Carlisle. He presented slides. 10:43 p.m. 1/1 1 (Adjourned Session - Annual Town Meeting - April 29, 1987, cont.) Mr. Richer, Pr. 3, offered the following amendment to Article 43: MOTION: that the motion under Article 43 be amended as follows: In Part E. Traffic, Paragraph 12.3.2 the reference in the first sentence to level of service "D" be changed to "C" and the reference in the second sentence to "E" be changed to "1)". (not passed - see below) 10:44 p.m. Mrs. Uhrig urged strongly that the amendment not be passed. Mr. Began further clarified standards and rates of calculation. Mr. Bowyer stated that trafffic level of service is subject to change with improvements. 10:47 p.m. The following members spoke: Richard Canale, Pr. 9, in favor; Jacquelyn Smith, Selectman, urged defeat; Fred Rosenberg, Pr. 9, in support; John Hayward, Pr. 5, spoke against; Carol Grodzins, Pr. 3, stated that the argument was ridiculous and safety should be the prime concern. 10:56 p.m. Following a voice vote the Moderator declared the amendment defeated. 10:57 p.m. Mrs. Uhrig moved to postpone Article 43 until Wednesday, May 6. Following a voice vote, the Moderator declared Article 43 postponed to May 6. 11:01 p.m. James McLaughlin, Pr. 8, moved that the Meeting be adjourned until Monday, May 5, at 8 p.m. Following a voice vote the Moderator declared the meeting adjourned. 11:02 p.m. A true copy. )Attest: 6 / Bernice H. Fallick Town Clerk /1 ADJOURNED SESSION - ANNUAL TOWN MEETING MAY 4, 1987 The meeting was called to order by Moderator Margery M. Battin at 8:04 p.m., in Cary Memorial Hall. There were 174 Town Meeting Members present. The invocation was offered by Reverand Susan Geissler, Assistant Rector, Church of Our Redeemer. 8:04 p.m. John Eddison, Selectman, presented the Exemplary Teacher Awards of the Battle Green Chapter of the Order of DeMolay to Judith Wiggin and Frank Meehan. 8:05 p.m. Senator Richard Kraus made presentations to the National Merit Scholars. 8:14 p.m. The Moderator outlined procedural matters for the evening. 8:16 p.m. ARTICLE 2. REPORTS Shepard Clough spoke concerning supplemental appropriations under Article 6 and Lynda Wik further explained the School Budget implementation. 8:21 p.m. Donald Giller, Pr. 4, stated that he is philosophically opposed and concerned about user fees which a student activity fee is. 8:21 p.m. Esther Arlan, TMMA, requested payment of dues. 8:22 p.m. Joel Adler, Pr. 1, spoke of the upcoming Special Town Meeting.8:23 p.m. Sam Silverman, Pr. 5, moved Reconsideration of Article 34, Conservation Purchase - Tower Park, in order to add an amendment which would allow the Town to apply for self-help reimbursement from the State. The motion for Reconsideration of Article 34, as offered by Mr. Silverman, was carried by unanimous voice vote. Joyce Miller, Conservation Commission, moved the following: MOTION: The motion under Article 34 be amended by adding at the end thereof the following: "; and that the Selectmen be authorized to apply for, accept, expend and borrow in anticipation of federal (passed- and state aid that may be available for the see below) project." 8:27 p.m. The Moderator declared the motion to have been carried by unanimous voice. 8:28 p.m. Shepard Clough moved for Reconsideration of Article 6. Reconsideration of Article 6, as offered by Mr. Clough, was carried. 8:30 p.m. Mr. Clough offered the following amendment to Article 6: MOTION: That the motion under Article 6 be amended by adding at the end thereof the following: (passed- "; and that the sum of $50,000 be appropriated for see below) Public School Education, and to raise such amount $50,000 be transferred from the Excess and Deficiency Account." 8:31 p.m. John Eddison, Selectman, voiced support, as did Michael O'Sullivan, Appropriation Committee. The Moderator declared the amendment to have carried unanimously. 8:32 p.m. 1 43 (Adjourned Session - Annual Town Meeting - May 4, 1987) Following a voice vote the Moderator declared the motion as amended to have passed unanimously. 8:33 p.m. Under Article 2, Reports, Mr. Eddison outlined the proposed schedule for Town Meeting. He presented charts related to the Budget: Tax Rate Projection, Reconsideration Articles, Recommended Cuts (Stabilization Fund, Water Mains, Free Cash). 8:43 p.m. 1 Michael O'Sullivan, Appropriation Committee, presented the committee's point of view, recommending early coordination and mutual concern in the true global sense. 8:51 p.m. Richard Michelson, Capital Expenditures, moved that Article 17 be reconsidered. 8:51 p.m. Nyles Barnert, Pr. 4, spoke against, stating that water mains cannot wait, that it is fiscally prudent to use the money now. Following a voice vote the Moderator declared Reconsideration of Article 17 to have passed. As the Meeting rose to doubt the vote, the following standing vote was recorded: Precinct Yes No 9 9 2 15 4 3 9 7 4 3 13 5 10 5 6 5 9 7 4 6 8 14 2 9 13 4 At large 19 2 Totals 101 61 The Moderator declared that Reconsideration of Article 17 prevailed. 8:58 p.m. Mr. Eddison, Selectman, moved that Article 17 be amended as follows: MOTION: That the motion under Article 17 be amended by changing the figure "$550,000" to "$400,000" and (passed- the figure "$540,000" to "$390,000." see 8:59 p.m. below) Michael O'Sullivan, Appropriation Committee, recommended favorable action. 8:59 p.m. Ephraim Weiss, Pr. 5, spoke against. 9:00 p.m. Paul Riff in, Pr. 3, mentioned concerns in other towns over Proposition 2 1/2. 9:01 p.m. Ronald Levy, Pr. 1, stated his opposition. 9:02 p.m. The Town Manager explained that work would go forward but that not as many streets would be relined. 9:03 p.m. Richard Schaye, Pr. 9, suggested that the Appropriation Committee tutor the Selectmen on the need to override Proposition 2 1/2. 9:05 p.m. Following a voice vote the Moderator declared the amendment offered by Mr. Eddison to have carried. 9:06 p.m. Following a voice vote the Moderator declared the motion as amended to have carried. 9:06 p.m. 144 (Adjourned Session - Annual Town Meeting - May 4, 1987) Robert Rotberg, Pr 3, moved Reconsideration of Article 13, Stabilization Fund. 9:09 p.m. Following a voice vote the Moderator declared the motion for Reconsideration of Article 13 to have carried. 9:09 p.m. John Eddison, Selectman, moved the following: MOTION: That the motion under Article 13 be amended by changing the figure "$300,000" to "$200,000." (passed- 9:10 p.m. see below) Paul Hamburger, Pr. 5, suggested leaving the money in free cash. He urged voting for the amendment and defeating the main motion. Following a voice vote the Moderator declared the amendment offered by Mr. Eddison to have carried. 9:11 p.m. Alan Lazarus, Pr. 6, questioned the claim against Free cash and Mr. Eddison responded. 9:11 p.m. William Welch, Pr. 2, asked how the State looks at the figures. Mr. Eddison replied that it is not clear cut. In the past the State looked more favorably on Stabilization Funds rather than Free Cash. 9:12 p.m. Bigelow Moore, Pr. 6, asked if the bond rating is affected. Mr. Eddison replied yes but there would be no difference in the rating. 9:13 p.m. Robert Domnitz, Pr. 6, asked if the reassessment that will occur at Emerson Gardens been factored into the budget? The Town Manager replied stated that it was not in this year's budget but would be in upcoming years. 9:13 p.m. Vicky Schwartz, Pr. 2, asked for a further explanation. 9:14 p.m. Mr. Eddison replied that it is putting money away for the future, for a rainy day. 9:15 p.m. Robert Rotberg, Pr. 3, asked if Article 4 is open. The Moderator answered that Notice of Reconsideration had been served on Article 4, but indicated that unexpected amendments from the floor were frowned upon. 9:16 p.m. Margaret Rawls, Pr. 4, joined Mr. Hamburger in requesting that this money be left in Free Cash which is also a savings account. It does not have to be put into a fund which is limited to expenditure by a vote of the Town Meeting. 9:17 p.m. Mr. Eddison explained the reason for the Stablilization Fund input is that the appearance is better for the State. 9:18 p.m. Sam Silverman, Pr. 5, brought up the question of the number of school personnel. 9:18 p.m. Mr. Marshall, Selectman, stated that cutting personnel would mean cutting services as well. Payroll positions have been reduced a significant amount. The Stabilization Fund is for capital. 9:20 p.m. Gerald Abegg, Pr. 4, recommended Free Cash because of the simplicity. Things would not be tied up in a knothole. 9:22 p.m. Marion Reilly, Pr. 3, asked if it takes a 2/3rds vote to have the money taken out. Following a voice vote the Moderator declared the Motion as amended to have carried. 9:23 p.m. Under Article 2 Martha Wood, Planning Board, presented the outline of Planning Board articles and the schedule. She asked that the Report on Article 42 (Technical Corrections) be accepted and placed on file. The Moderator declared the Report accepted and placed on file. 9:25 p.m. Article 42: ZONING BY-LAW, TECHNICAL CORRECTIONS MOTION FUR TOWN CLERK MOTION: That the Zoning By-law be amended as follow): Al) In subsection 3.4.1 FILING REQUIREMENTS, in subparagraph "a" in the second paragraph, by striking out the number "3.6.2" and inserting in place thereof the number "3.6.4". In subsection 8.6 NATIONAL FLOOD INSURANCE DISTRICT, in subpara- graph "c" in the subparagraph 8.6.4, by striking out the number '9.6.4a" and inserting in place thereof the number "8.6.4a". A2) In subsection 3.4.1 FILING REQUIREMENTS (for a special permit with site plan review) in subparagraph b by changing the wording of the first line to read "....a copy of the determination of applicability issued by, or of a notice of intent filed with, the Conservation Commission....", A3) In subparagraphs 5.2.2 a 5, 5.2.2 a 6 (Accessory Apartments), 5.3.2 a 4, 5.3.2 a 5 (Conversion of One Family Dwelling), and 5.4.2 a 3 (Conversion of Dwelling to Congregate Living Facility), by striking out the words "net floor area" and by inserting in place thereof, the words "gross floor area, excluding areas in the structure used for parking". A4) in subsection 5.7.2 b 6) (Satellite Receiving Antenna), by adding the words "except where accessory to a use permitted in the district by special permit provided the antenna is subject to the conditions of the special permit." at the end of the sentence so tnor it will read "The antenna shall not be used for commercial purposes except where accessory to a use permitted in the district by special permit provided the antenna is subject to the conditions of the special permit." A5) In subsection 7.3 by striking out the words "(Space Reserved)" and by inser- ting the words "MINIMUM LOT FRONTAGE" in the title and by adding the following to that subsection: "7.3.1 MINIMUM LOT FRONTAGE REQUIRED Every lot shall have a minimum frontage on a street, as defined in this By-law, equal to or greater than that set forth in TABLE 2 SCHEDULE OF DIMEN- SIONAL CONTROLS for the district in which it is located except as subsection 7.4 may provide. In the caau of a lot with continuous frontage in both a commercial and a residential district which is proposed to be used for a commercial use, the lot shall have a minimum frontage within the commercial district equal. to or greater than that required for that commercial district in TABLE 2. Article 42 Page 2 Technical Corrections 7.3.2 ACCESS An owner shall provide a means of access for vehicles from the frontage street to a principal building for emergency services, such as fire protection, for deliveries, such as mail, and for off-street parking. Alternatively the owner may provide the actual means of access for vehicles from another street, or over another lot provided a special permit for a common driveway under subpara- graph 11.8c is granted, provided it can be demonstrated that it is both physic- ally and legally possible to provide access from the designated frontage street. 7.3.3 DESIGNATION OF FRONTAGE STREET"; by relocating the second and third sentences of the definition, FRONTAGE STREET, in SECTION 2, to appear in subparagraph 7.3.3. Those two sentences read: When a lot is bounded by more than one street, any one of them but only one, may be designated as the frontage street by the owner, provided that the street meets the frontage requirement and that the principal permitted building on the lot is numbered on such frontage street. However, in the case of a lot bounded by two streets forming an interior angle of more than 135 degrees, their combined front- age may be used to satisfy the lot frontage requirement."; by adding a new subsection: "7.3.4 MEASUREMENT OF LOT FRONTAGE Frontage shall be measured in a continuous line along the sideline of the street right-of-way between the points of intersection of the side lot lines with the street right-of-way line."; by relocating the second sentence of the definition, FRONTAGE, LOT, in SECTION 2, to appear as the second section in subparagraph 7.3.4. That sentence reads: "The measurement of lot frontage shall not include jogs in the street width, back-up strips and other irregularities in street line, and, in the case of a corner lot may at the option of the owner extend to the midpoint of the curve connecting street lines, instead of to their intersection." A6) In subsection 7.5 HEIGHT OF BUILDINGS, STRUCTURES, by inserting the words "in feet" after the words "...maximum height of a building..." where those words appear: in subparagraph 7.5.1 in the second sentence, in subparagraph 7.5.2 in the first sentence of the first paragraph and in the fourth line of the second paragraph; after the words "...maximum height..." where those words appear in subparagraph 7.5.2 in the third paragraph, in subparagraph 7.5.3 in the first and second paragraph (four places); after the words "...average height..." where those words appear in subparagraph 7.5.3 in the first paragraph in the first and the second sentence; and after the "...height..." in subparagraph 7.5.3 in the first paragraph in the second sentence and in the second paragraph in the second line. A7) In subsection 7.5.3 AVERAGE HEIGHT OF BUILDING by deleting the first paragraph in its entirety. Article 42 Page 3 Technical Corrections A8) In subsection 8.6 NATIONAL FLOOD INSURANCE DISTRICT, in subparagraph 8.6.4a CONSTRUCTION ABOVE FLOOD LEVEL, by striking out the date "April 1, 1978" after the words "as set forth in the National Flood Insurance Program rules and regula- tions effective...." and by inserting in place thereof the date "October 1, 1986". A9) In subsection 9.3.2 STREETS, DRIVES, in the first paragraph, by adding a new fourth sentence, as follows: "A dead-end street or dead-end interior drive is one which has only one means of entrance and exit." A10) In subsection 9.5 by inserting the words "...with site plan review..." after the words "special permit" where those words appear: in the title of the subsection, in subparagraph 9.5.7 in the second and fourth lines, and in subpara- graph 9.5.8 in the second line. All) In Section 11 OFF-STREET PARKING AND LOADING, in subparagraph 11.1.2, by changing the wording in the first two lines to read: "No building permit or certificate of occupancy shall be issued for the erection of a new building, the enlargement or increase in the net floor area of an exist- ing building......unless off-street parking spaces or loading bays are pro- vided...; '; in subparagraph 11.1.3 by changing the second sentence to read: "It the use of an existing structure or lot, which does not have sufficient parking or loading, including a use which has no off-street parking or loading, is changed to a different type of use for which a different number of parking spaces or loading bays is required as set forth in subsection 11.3, and there is no increase in the net floor area, the following rules shall apply: 1) if there is a net increase in the number of required parking spaces or loading bays, that net increase shall be provided, which number shall not include any existing parking spaces or loading bays, and 2) if there is a net decrease in the number of required parking spaces or loading bays, that lesser number shall be the new basis for determining whether, in the future, there is a net increase in the number of parking spaces or loading bays required."; and in subparagraph 11.1.3, by adding a new second paragraph, as follows: "If it is proposed to increase the net floor area of a building, whether by addition to the exterior of the building or by internal reconstruction, which building does not have sufficient off-street parking or loading, full compliance with this section for the entire building shall be a condition of the issuance of a building permit for the construction of such increase of net floor area." Article 44 ZONING BY-LAW, SWIMMING POOLS MOTION FOR TOWN CLERK MOTION: That the Zoning By-Law be amended, as follows: In subsection 5.7.1 SWIMMING POOLS AND RACQUET COURTS by changing the wording in the first sentence, to read: Insert:..."The Building Commissioner may grant a building permit for a swimming pool"... and the SPGA may grant a special permit for the construction of ...[delete: "a swimming pool or"] a racquet court, accessory to a residential use, subject to the following minimum conditions: 9..4 in subparagraph a by changing the wording to read: "a. No racquet court shall be constructed within 15 feet,..."and no swimming pool shall be constructed within 20 feet".... of [delete:..."the property"...) ..."a lot"...line..."or within the required minimum yard setback for a principal building, whichever is greater."; and by adding a new second sentence, as follows: "The setback of the swimming pool shall be measured to the edge of the water in the pool; the setback of the racquet court shall be measured to the fence enclos- ing the court." in subparagraph c, by striking out the existing sentence and inserting in place thereof: "Screening at least five feet high shall be provided around the pool or court." in subparagraph d, by striking out the existing sentence and inserting in place thereof: "A fence or wall, at least five feet high for the pool and at least eight feet high for the racquet court, shall be g q provided so that the pool or court is com- pletely enclosed. A principal or accessory building may form part of the enclo- sure. All gates in the fence surroundingswimming a pool shall be self closing and self-latching and the latch shall be at least four feet above the ground."; in subparagraph e, by striking out the existing sentence and inserting in place thereof: "No swimming pool or racquet court shall be constructed without the issuance of a building permit." Article 46 ZONING BY-LAW, JUMBO HOUSES MOTION FUR TOWN CLERK MOTION. That the Zoning By-law be amended as follows: In subsection 9.2 SCHEDULE OF PERMITTED BUILDINGS, DENSITY AND DIMENSIONAL STAND- ARDS, by adding a new subparagraph at the end, as follows: "9.2.12 ADDITIONAL STANDARDS APPLICABLE TO CONVENTIONAL SUBDIVISIONS In addition to the standards set forth in lines 9.2.1 through 9.2.8 which apply to the planned residential development as a whole, the following shall also apply to an individual lot in a conventional subdivision approved after the effective date of this provision: RS, RT DISTRICT RO DISTRICT a. Maximum Impervious Surface Ratio .20 .12 and if a dwelling, including any addition thereto, which has a gross floor area of 2500 square feet or more, is erected thereon, it shall have: b. Minimum Side Yard • 25 feet 25 feet Minimum Rear Yard" in subsection 9.2 SCHEDULE OF PERMITTED BUILDINGS, DENSITY AND D1MENSIONALSTAN- DARDS, in line 9.2.5b Minimum Yard Setback on Perimeter of Tract, under the column headed "RS,RT" by striking out "20 ft" and inserting in place thereof "25 in subsection 9.2 SCHEDULE OF PERMITTED BUILDINGS, DENSITY AND DIMENSIONAL STAN- DARDS, in line 9.2.6 Maximum Impervious Surface Ratio: under the column headed "RO" by aligning "0.15" under the subcolumn heading "(clus)(spec)" and under the subcolumn heading (cony) by inserting "NR*"; under the column headed "RS,RT" by aligning "0.20" under the subcolumn heading "(clus)(spec)" and under the sub- column heading (cony) by inserting "NR*"; and by inserting a footnote "*No re- quirement for a cnventional subdivision as a whole; see 9.2.12 for individual lots" under the words: "site area (see 7.9)" (Adjourned Session - Annual Town Meeting - May 4, 1987) Martha Wood moved that the previous vote to bring Article 42 up after Article 43 be amended so that Article 42 could be brought up at this time. 9:25 p.m. Frederick Hagedorn, Pr. 1, urged that Article 42 be brought up after Article 43 since the Planning Director was absent. The Town Manager stated that there were people with adequate knowledge present. Following a voice vote the Moderator declared the motion as made by Mrs. Wood to have carried. 9:28 p.m. Mrs. Wood moved that the Zoning By-law be amended under Article 42 as set (passed - forth in the motion entitled Motion for the Town Clerk which is attached see below) to the Planning Board's Report on this proposed amendment® 9:29 p.m. Karsten Sorenson, Planning Board, outlined the Report on Article 42. 9:30 p.m. Richard Michelson, Pr. 8, questioned the parking requirements. 9:36 p.m. Frederick Hagedorn, Pr. 1, questioned the Minimum Lot Frontage. 9:38 p.m. In response to a question Mr. Sorenson explained the condition of allowing a driveway over someone else's property would be allowed to improve a situation. 9:41 p.m. Following a voice vote the Moderator declared the motion as offered by Mrs. Wood to have carried unanimously. 9:42 p.m. Under Article 2 Mrs. Wood asked that the Report of the Planning Board on ARTICLE 44-SWIMMING POOLS be accepted and placed on file. The Moderator declared the Report to have been accepted and placed on file. 9:42 p.m. Under Article 44 Mrs. Wood moved that the Zoning By-laws be amended as (passed- set forth La the motion entitled Motion for the Town Clerk which is see attached to the Planning Board's Report on this proposed amendment. below) 9:42 p.m. Robert Domnitz, Pr. 6, spoke against. Cynthia Blumsack, Pr. 5, asked if these requirements would be necessary for those pools in existence; Mrs. Wood replied in the negative. Dan Fenn, Pr. 4, questioned the height of the screening and the length of time for growth to occur. Paul Hamburger, Pr. 5, questioned the intent of the screening. 9:50 p.m. Following a voice vote the Moderator declared a unanimous passage. 9:51 p.m. ARTICLE 45. ZONING BY-LAW, PROJECTIONS INTO YARD SETBACKS Martha Wood, Planning Board, moved Indefinite Postponement. 9:52 p.m. The Moderator declared a unanimous vote. 9:52 p.m. ARTICLE 46. ZONING BY-LAW, JUMBO HOUSES Eleanor Klauminzer, Planning Board, moved that the Report of the Planning , Board on Article 46 be accepted and placed on file. The Moderator declared the Report accepted and placed on file following a voice vote. 9:52 p.m. (p assed- Mrs. Klauminzer moved that the Zoning By-laws be amended as set forth in see the motion entitled Motion for the Town Clerk which is attached to the below) Planning Board's Report on this proposed amendment. 9:53 p.m. Notice of Reconsideration on Article 42 - Zoning By-law, Technical Corrections, was served by Frederick Hagedorn, Pr. 1. 9:56 p.m. Following a voice vote the Moderator declared the motion made by Mrs. Klauminzer to have carried unanimously. 9:59 p.m. (Adjourned Session - Annual Town Meeting - May 4, 1987) ARTICLE 47. ZONING BY-LAW, TRAFFIC ANALYSIS Ira Richer, Pr. 3, moved to table. Following a voice vote the Moderator declared Article 47 tabled. 10:00 p.m. ARTICLE 48. ZONING BY-LAW, ADJUSTMENTS: FLOOR AREA RATIO, CR, CH, CM, CD DISTRICTS Joy Buchfirer, Pr. 3, moved to postpone Article 48 until after Article 43. Following a voice vote the Moderator declared Article 48 postponed until after Article 43. 10:02 p.m. ARTICLE 49. ZONING BY-LAW, HEIGHT OF BUILDINGS Ephraim Weiss, Pr. 5, moved indefinite postponement. Following a voice vote the Moderator declared a unanimous indefinite postponement. 10:04 p.m. ARTICLE 50. RESOLUTION, RENTAL HOUSING Eleanor Klauminzer, Planning Board, moved that the Resolution set forth in this Article be adopted. 10:05 p.m. RESOLUTION: WHEREAS Lexington has lost 150 units of rental housing through the conversion of Emerson Gardens apartments to condominia, and those 150 dwelling units are approximately 45% of the total number of privately owned rental apartment units in the town, and those 150 units provided rental housing largely for elderly and low- and moderate-income persons; (passed, and as amended on WHEREAS the other privately owned apartment Pages 147 and complexes could be converted to condominia at any 148) time, and the State condominum conversion law provides only short term protection for the tenants whose residence is being converted, but does not prevent conversion of rental units to condominia; and WHEREAS the Town recognizes the need for rental housing, as documented in the Planning Board's Housing Report and as recommended for implementation in the Housing Element of the Comprehensive Plan; NOW THEREFORE BE IT RESOLVED: 1. The most effective way to ease the impending housing crisis is to increase the inventory of affordable rental housing particularly that suitable for residents with low-, moderate- and fixed incomes. 2. That the Town should increase the inventory of affordable rental housing by a combination of private and public initiatives and should not rely on either initiative exclusively. 3. That those Town boards and authorities involved in the production of housing take specific steps to increase the inventory of affordable rental housing. a. That the Planning Board is requested to identify privately owned sites suitable for, and to encourage the submittal of, RD rezoning proposals for affordable rental housing to the 1988 Annual Town Meeting. 147 (Adjourned Session - Annual Town Meeting - May 4, 1987) b. That the Board of Selectmen, working in collaboration with the Planning Board, the Lexington Housing Authority and the Lexing- ton Housing Assistance Board and other appropriate town boards and commissions, is requested to identify suitable publicly owned sites and to submit to the 1988 Annual Town Meeting specific proposals for the development on those sites of one or more low-income or moderate-income or mixed -income housing developments which shall include a significant amount of affordable rental housing. 4. That the Board of Selectmen is requested to be responsible for the analysis and implementation, if feasible, of the following additional techniques for providing or insuring the availability of affordable rental housing: a. A review of the provisions and implementa- tion of the accessory apartment section of the Zoning By-law to encourage its greater use, b.. A review of state legislation permitting tax exemption on home additions used to house elderly persons, c. Acquisition by the Housing Authority, LEXHAB or the Town of rental housing for the elderly and low-, and moderate-iacoole people, d. Assistance to elderly and low-, and moder- ate-income tenants for the purchase of their units. 5. That the Planning Board and Board of Selectmen be requested to report to the 1988 and 1989 Annual Town Meetings on progress towards the goal of increasing the availability of affordable rental housing for elderly and low-, and-moderate-income households in Lexington.; or act in any other manner in relation thereto. Mrs. Klauminzer stated that there should be a concerted effort to raise the level of rental housing. 10:12 p.m. Richard Michelson, Pr. 8, asked the Town Meeting to remember the number of housing opportunities it had turned down in the past and urged it to keep Lexington affordable. 10:13 p.m. Mr. Eddison, Selectman, proposed the following amendment: I, John C. Eddison, do hereby move that the resolution offered under Article 50 be amended as follows, beginning with number paragraph 1: "1. The most effective way to ease the impending housing crisis is to increase the inventory of affordable rental housing particularly that suitable for residents with below median income as defined by the Boston SMSA. (Paragraph 2 unchanged) (passed, "3. That the Planing Board is requested to identify privately owned as sites suitable for, and encourage the submittal of, RD rezoning proposals amended for affordable rental housing to the 1988 Annual Town Meeting. see Pages 147,148, "4. That the Board of Selectmen, working in collaboration with the 149) Planning Board, the Lexington Housing Authority, the Lexington Housing Assistance Board (LexHAB) and other concerned committees and organizations, is requested to: a. Identify publicly owned sites and structures suitable for residential housing use and to submit to the 1988 Annual Town Meeting specific proposals for the development of one or more low-moderate or mixed income housing facilities which shall include a significant amount of affordable rental housing. 1 (Adjourned Session - Annual Town Meeting - May 4, 1987) b. In collaboration with the Planning Board, review the way in which the accessory apartment section of the Zoning By-law is functioning and being administered. If appropriate, propose amendment to the by-law or changes in administrative procedures to encourage increased construction and use of accessory apartments. c. Support initiatives by LexHAB and the Council on Aging aimed at expanding the availability of accessory apartments. d. Encourage the acquisition by the Housing Authority or LexHAB of rental housing for people of below median income as defined above." (Paragraph 5 unchanged) Nathan Becker, Pr. 1, asked for a definition of "significant." Mr. Eddison responded that it is imprecise, but it would be reasonably responsible. 10:21 p.m. Joyce Miller, Conservation Commission, suggested further study of town- owned open land and spoke against the amendment. 10:22 p.m. Mrs. Klauminzer gave an explanation in response to a question from Iris Wheaton, Pr. 7, as to numeric definitions of income levels. 10:23 p.m. William Spencer, Pr. 6, added correction factors such as extraordinary medical expenses. 10:26 p.m. Ephraim Weiss, Pr. 5, stated that the market forces are greater than Lexington. He said that the private sector is not the way to go. 10:26 p.m. Frank Sandy, Pr. 6, supported the Planning Board and opposed the Selectmen. 10:28 p.m. Jacqueline Davison, Pr. 3, offered an amendment to Mr. Eddison's amendment: MOTION: Amend the proposed amended motion by adding (passed- in Paragraph 4 after the words "Planning Board," the words "the Conservation Commission." see 10:31 p.m. Eleanor Klauminzer, Planning Board, voiced support of the amendment to the amendment. 10:34 p.m. James McLaughlin, Pr. 8, stated that this is only a resolution. It would be a good idea for all the boards to get together. 10:35 p.m. Following a voice vote the Moderator declared the amendment offered by Mrs. Davison to have carried unanimously. 10:37 p.m. Donald Wilson, Pr. 2, urged full participation by the Town. 10:38 p.m. Following a voice vote the Moderator declared the amendment offered by Mr. Eddison to have carried. 10:40 p.m. Sam Silverman, Pr. 5, questioned the money assigned to various incomes. Mrs. Klauminzer stated that the median income in Lexington is higher than the Boston SMSA. 10:47 p.m. Mr. Marshall responded to questions on the chart. 10:48 p.m. Mrs. Klauminzer responded to further questions and stated that the Resolution identifies the problem and raises the conciousness.10:49 p.m. (Adjourned Session - Annual Town Meeting - May 4, 1987) Fred Rosenberg, Pr. 1, moved the following: MOTION: That the Resolution offered under Article 50 be amended by adding at the end of Paragraph 4: (not passed- "Furthermore, the Board of Selectmen are see requested to provide for any non-profit organizations below) providing direct benefits to the Town of Lexington which would be displaced by the conversion of a site to affordable housing." 10:50 p.m. Tina Forbes, Arts Lexington, described the program and history and the need for housing for the arts. 10:54 p.m. Iris Wheaton, Pr. 7, questioned the wording of the Rosenberg amendment asking if it meant providing housing. 10:57 p.m. Mr. Eddison, Selectman, urged rejection of this amendment as being too stringent. The intent is there but a requirement is too much of a handcuff. 11:01 p.m. Webb Sussman, Pr. 2, moved the question. The Moderator declared that the ayes have it. The main motion would be put. 11:04 p.m. Following a voice vote the Moderator declared that the amendment offered by Mr. Rosenberg did not pass. 11:05 p.m. Following a voice vote the Moderator declared the Resolution as offered by Mrs. Klauminzer, amended by Mr. Eddison and amended by Mrs. Davison to have carried. 11:05 p.m. Mr. Eddison moved to adjourn the Town Meeting to Wednesday, May 6, at 8 p.m. 11:06 p.m. A true copy. Attest: Bernice H. Fallick Town Clerk 9 0 ADJOURNED SESSION - ANNUAL TOWN MEETING MAY 6, 1987 The meeting was called to order by Moderator Margery M. Battin at 8:05 p.m., in Cary Memorial Hall. There were 170 Town Meeting Members present. The invocation was offered by Msgr. William Murphy, Vicar Administrator, Church of the Sacred Heart. The Moderator outlined procedural matters. 8:08 p.m. ARTICLE 2. REPORTS Judith Marshall, Pr. 6, announced the meeting of the Community Playground Project, on May 14, at 8 p.m., in Estabrook Hall. Joel Adler, Pr. 1, spoke of the Special Town Meeting called for Monday, May 11. Ephraim Weiss, Pr. 5, stated that material received in the mail relative to Town Meeting should be dated and signed. 8:11 p.m. ARTICLE 43. ZONING BY-LAW, COMPREHENSIVE REVISIONS, COMMERCIAL DISTRICTS, PERMITTED USES Webb Sussman, Pr. 2, made the following motion: MOTION: that Part E, Section 12.3.4, Trip Reduction Requirements be amended as follows: (passed- * The word "or" in the tenth line of the first see below) paragraph, last sentence be deleted * A comma will be substituted for a period in the same sentence and the following added: or, 6) bicycle parking facilities, and other measures such as locker and shower facilities to encourage bicycle commuting. 8:14 p.m. The Planning Board voiced support. Following a voice vote the Moderator declared the motion to have carried unanimously. 8:17 p.m. Jacquelyn Ward, Pr. 7, moved the following under Article 43, Section 4, Table 1, Part A: That 1.31 be changed to read Off-street parking for not more than one commercial (passed- vehicle which shall be used by the resident of the see below) dwelling. 8:20 p.m. There were a number of procedural questions and questions concerning definitions of the word "commercial." There was lengthy debate for and against. The motion was divided for purposes of voting. Following a voice vote on the removal of "and shall be parked only in a garage." the Moderator declared passage. 8:38 p.m. Following a voice vote on the removal of "owned and" the Moderator declared passage. The Meeting rose to ask for a standing vote and the following vote was tallied: 15] (Adjourned Session-Annual Town Meeting-May 6, 1987) Precinct Yes No 1 12 0 2 13 2 3 11 4 4 9 8 5 7 8 6 5 11 7 8 5 8 10 3 9 4 12 At large 11 7 Totals 90 60 The Moderator declared the amendment to have carried. 8:40 p.m. Robert Domnitz moved Reconsideration of both amendments. 8:41 p.m. Richard Schaye, Pr. 9, made the following motion: MOTION: That Section 4, Line 1.31 of Table 1 in Part A be amended by adding after the words "commercial (not passed- vehicle" the words see below) ", not to exceed 6000 lbs. gross vehicle weight," 8:44 p.m. There was debate for and against, and comment as to the problems of changing complicated articles on the floor® Following a voice vote the Moderator declared the amendment not to have carried. 8:53 p.m. Martha Wood, Planning Board, made the following motion: In part C, TABLE 1, PERMITTED USES AND DEVELOPMENT (passed- STANDARDS, in line 10.11, by deleting line 10.11 in see its entirety and by renumbering lines 10.12 and 10.13 below) to be lines 10.11 and 10.12 respectively. Following a voice vote the Moderator declared the amendment to have carried unanimously. 8:56 p.m. James Shaw, Pr. 1, made the following amendment: (passed- MOTION: That the words "three automobiles" be see changed to "four automobiles." below) 8:58 p.m. There was debate for and against. Several members voiced the opinion that the language was difficult, that clarification was necessary. There was discussion as to what the definition of a "family" is, as well as a "packing lot." The current by-law allows four. 9:10 p.m. Following a voice vote the Moderator declared the amendment to have carried. 9:11 p.m. Robert Domnitz, Pr. 6, moved Reconsideration on the two amendments which had been offered by Mrs. Ward. 9:12 p.m. Steven Fredrickson, Building Commissioner, outlined his procedures and stated that the department mainly enforces complaints. 9:14 p.m. Following a voice vote the Moderator declared Reconsideration to be before the Meeting. 9:15 p.m. / (Adjourned Session-Annual Town Meeting-May 6, 1987) The Meeting rose to doubt the vote and a standing vote was tallied as below: Precinct Yes No 1 0 15 2 9 7 3 6 9 4 11 6 5 8 8 6 12 3 7 6 9 8 6 8 9 11 5 At large 5 11 Totals 74 81 The Moderator declared Reconsideration not to have prevailed. 9:19 p.m. Martha Wood, Planning Board, made the following motion: MOTION: In Part I, number 12 in the third line by (passed- striking out the word "three" and inserting the word see below) "four" in place thereof. Following a voice vote the Moderator declared a urtaaimous passage. 9:20 p.m. Carol Grodzins, Pr. 3, spoke about the methodology and philosophy involved in creating zoning by-laws. James McLaughlin, Pr. 8, made the following motion: MOTION: It is hereby moved to amend Article 43 PART H. - REDESIGNATION OF COMMERCIAL DISTRICTS Sub- (did not pass-see paragraph 3. CHANGE IN DESIGNATION OF SPECIFIC below) DISTRICTS by adding the following: Existing District New District Designation and Location Symbol and Title CN Neighborhood Business District No. Marrett Rd 23.62 CLO Local Office 9:30 p.m. The Moderator recognized the attorney representing Dean Curtin, Mr. Frederick Conroy. Mr. Conroy presented Mr. Curtin's point oC view for consideration. Karsten Sorenson, Planning Board, urged defeat. 9:34 p.m. Following a voice vote the Moderator declared the amendment proposed by Mr. McLaughlin to have failed. 9:40 p.m. James McLaughlin, Pr. 8, proposed the following motion: MOTION: It is hereby moved to amend Article 43 PART H. - REDESIGNATION OF COMMERCIAL DISTRICTS Sub- (did not paragraph 3. CHANGE IN DESIGNATION OF SPECIFIC pass- DISTRICTS by adding the following: see Page 153) kik) (Adjourned Session-Annual Town Meeting-May 6, 1987) Existing District New District Designation and Location Symbol and Title CG General Business District No. Marrett Rd - Spring St 23.79 CS Service Business by excepting therefrom the property hereinafter described forming part of the existing CG General Business District on the south side of Marrett Road near Spring Street identified as District 23.79 to be designated as a "local Office CLO District: PARCEL AT 428 AND 430 MARRETT ROAD: Two certain parcels of land with the buildings thereon, situated in said Lexington, Middlesex County, Massachusetts, now known and numbered 428 and 430 Marrett Road, being shown as Lots 230A and 230B on a plan entitled "Farmhurst Section 4, Lexington, Mass.," belonging to Neil McIntosh, Tr., dated Jan., 1923, by C. H. Gannett C.E., duly recorded in Middlesex South District Registry of Deeds in Plan Book 361, Plan No. 20A. Said two lots combined are more fully bounded and described as follows: NORTHEASTERLY by Marrett Road formerly Middle Street, one hundred (100) feet; SOUTHEASTERLY by Lot 230C, one hundred four aid 14/100 (104.14) feet; (did not pass- SOUTHERLY by part of Lot 230D, fifty-one and see below) 87/100 (51.87) feet; SOUTHEASTERLY again, by other portions of Lot 230D, fifty (50) feet, more or less; SOUTHERLY again, by part of Lot 229, fifty-one and 86/100 (51.86) feet; NORTHWESTERLY by Lot 231, one hundred twenty-eight and 42/100 (128.42) feet. PARCEL AT 442 MARRETT ROAD Three certain lots of land w:Lth the buildings thereon, now known and numbered 442 Marrett Road, being lots 234, 235 and 236 on a plan entitled "Number 8 Plan of Part of Section 4, Farmhurst, Lexington, Mass,, " owned by Neil McIntosh, Tr., dated June, 1923, C. H. Gannett, C.E., recorded in said Registry in Plan Book 361, Plan 20A. Said three lots combined are more fully bounded and described as follows: NORTHEASTERLY by Marrett Road, formerly Middle Street, one hundred fifty (150) feet; SOUTHEASTERLY by Lot 233 on said plan, two hundred ninety-four and 51/100 (294.51) feet; SOUTHWESTERLY by Lot 225 on said plan, one hundred sixty-three and 66/100 (163.66) feet; NORTHWESTERLY by Lot 237 on said plan, two hundred fifty-four and 22/100 (254.22) feet. The said three lots combined have a total area of 42,224 square feet more or less. 9:46 p.m. Following a voice vote the Moderator stated that the amendment did not pass. 9:47 p.m. r • ourned Session-Annual Town Meeting-May 6, 1987) Martha Wood, Planning Board, continued with Article 43. Frederick Hagedorn, Pr. 1, stated he had problems with the Table. Mr. Sorenson gave a clarification. 9:50 p.m. Arthur Smith, Pr. 2, expressed distress at the complicated nature of the by-law and aspects of the by-law which are not within the authority of Town Meeting. He stated that he therefore would vote against the by-law since the Planning Board had prevented Town Meeting from "deciding," allowing it only to "approve." 9:53 p.m. Mrs. Wood explained Section F. 9:56 p.m. Mr. Bowyer gave further explanation of procedural matters involving Article 48 and Article 43 and the ecope of the legal notice and possible circumventing of the required 2/3rds vote required for passage. He explained the difficulty of predicting how the Attorney General might read any submission. 10:02 p.m. Joy Buchfirer, Pr. 3, asked for Alan Wade, Concord Avenue, to be recognized. Mr. Wade presented slides speaking to the FAR and extreme traffic problems. 10:13 p.m. Mrs. Wood explained that Subdivision Plans already filed would receive an eight year freeze on the zoning. She asked that Jennie Rawski, Assistant Planner, be recognized for corrections in information. 10:24 p.m. Joy Buchfirer stated that Counsel did not rule that this is outside of the scope of the article. She made the following motion: MOTION: That the motion under Article 43, be amended to reduce the proposed Floor Area Ratio to 15 percent in "CM" (Manufacturing) and "CRO" (Regional Office) (Amendment zones, by changing Part F, Table 2 ("Dimensional withdrawn- controls") as follows: see below) On the line titled "Maximum Floor Area Ration (F.A.R.)" under the heading "CRO", replace the figure 0.25 with the figure 0.15; and On the same line, under the heading "CM", replace the figure 0.20 with the figure 0.15." 10:30 p.m. The Moderator recognized Caleb Warner, Concord Avenue resident. Mr. Warner stated a personal dilemma urging support via Article 48 from the Town Meeting. He felt the argument agains amending Article 43 presented by the Planning Board prevented him from s.eaking in support. 10:32 p.m. Mrs. Wood, Planning Board, asked for withdrawal of Mrs. Buchfirer's amendment. Jacqueline Davison, Pr. 3, explained how the neighborhood had seen a problem and had attempted to work. She stated that they would be willing to withdraw if a promise of a 2/3rds vote would be forthcoming on Article 48. Mrs. Buchfirer withdrew the . endment she previously offered. 10:38 p.m. Several members spoke to ask that in the uture neighborhoods continue to work together and with the Planning Board. Martha Wood, Planning Board, made the fol owing motion: MOTION: In part D, in subparagiaph 10.1.2 by adding at the end the words ", unless .ompliance with the (passed- provisions of Section 10 is dem.nstrated." see below) 10:45 p.m. Following a voice vote the Moderator decl.red the amendment to have carried unanimously. 10:49 p.m. Richard Michelson, Pr. 8, hoped that Town Meeting realized what complications had been created both by the Planning Board and Town Meeting and urged voting against. 10:50 p.m. 1 0 t (Adjourned Session-Annual Town Meeting-May 6, 1987) Mrs. Wood spoke concerning Special Permits. Jacqueline Davison, speaking for TMMA, expressed views on the impact of not passing Article 43. Paul Marshall, Selectman, spoke in favor, stating that by not voting for the new by-law, one would be voting for the by-law as it stands. 10:59 p.m. James Barry, Pr. 1, moved the question on the motion offered by Mrs. Uhrig. Shall the main motion now be put? Richard Michelson, Pr. 8, called for a rollcall vote. 49 additional members did not rise to support Mr. Michelson. 11:03 p.m. The Moderator called for a standing vote on Article 43. The vote was tallied as follows: Precinct Yes No Abstain 4 2 12 4 3 10 4 1 4 19 0 5 11 3 6 17 0 7 11 4 8 9 4 9 13 1 At large 16 2 Totals 130 26 The Moderator declared the motion to have carried by more than the 2/3rds necessary. 11:07 p.m. Florence Connor, Pr.8, served Notice of Reconsideration on Article 43. 11:07 p.m. John Eddison, Selectman, moved for adjournment of the Annual Town Meeting to 8:05 p.m., Monday, May 11. The Special Town Meeting called for Monday, May 11, at 8:00 p.m. will be called to order. The intent is to then adjourn to Wednesday, May 13, at 8:00 p.m. This will allow time to finish the Annual Town Meeting and to allow for further drafting on the Special. Following a voice vote the Moderator declared the meeting adjourned until Monday. 11:09 p.m. ) A true copy. Attest: Bernice H. Fa ick Town Clerk SPECIAL TOWN MEETING - MAY 11, 1987 The meeting was called to order by the Moderator Margery M. Batttn at 8:04 p.m., in Cary Memorial Hall. There were 183 Town Meeting Members present. The invocation was offered by Reverand Arthur Kolsti, Pastor, Pilgrim Congregational Church. ARTICLE 1. REPORTS Albert ,Zabin, Pr. 1, reported on the Lexington Housing Conversion and Eviction By-law and procedural matters. 8:06 p.m. Town Clerk, Bernic H. Fallick, read the Warrant for the Meeting until further reading was waived. 8:07 p.m. The Town Clerk read the Constable's Return of the Warrant. 8:08 p.m. John Eddison, Selectman, moved that this Special Town Meeting be adjourned until Wednesday, May 13, at 8 p.m. Following a voice vote the Moderator declared the meeting adjourned until Wednesday, May 13, at 8 p.m. A true copy. Attest: /A/ Bernice H. Fallick Town Clerk 1 ADJOURNED SESSION - ANNUAL TOWN MEETING MAY 11, 1987 The Moderator, Margery M. Battin, called the meeting to order at 8:15 p.m., in Cary Memorial Hall. There were 183 Town Meeting Members:present. ARTICLE 2. REPORTS William Kennedy, Chairman, Permanent Building Committee, reported on the School Renovation Project. 8:18 p.m. Michael O'Sullivan, Appropriation Committee, made a presentation in honor of Town Manager Robert Hutchinson's appointment to the position of Registrar of Motor Vehicles for the Commonwealth. 8:23 p.m. ARTICLE 48. ZONING BY-LAW, ADJUSTMENTS: FLOOR AREA RATIO, CR, CH, CM, CD DISTRICTS Joy Buchfirer, Pr. 3, made the following motion: MOTION: "That the Zoning By-Law, as amended by the vote under Article 43 of the warrant for Llas Town Meeting is further amended, as follows: In Table 2, Schedule of Dimensional Controls, on the (passed- line "Maximum Floor Area Ratio (FAR), under the see page column headed CRO by striking out the number "0.25" 158) and by inserting in place thereof the number "0.15" and under the column headed CM by striking out the number "0.20" and by inserting in place thereof the number "0.15 . Mrs. Buchfirer gave the history of this citizens' article. Jacqueline Davison, Pr. 3, presented slides on remaining developmental potential, urging support of the motion. 8:38 p.m. Frank Sandy, Pr. 6, stated that zoning controls were necessary to preserve the qualities which were sought when investments in homes were first made. He stated that compromises previously made were a reality of functioning. He urged Town Meeting to preserve the quality of life in Lexington. 8:50 p.m. Richard Canale, Pr. 9, spoke of the FAR relationship to traffic urging support of the motion. 8:55 p.m. Caleb Warner, Concord Avenue, spoke in favor and of the quality and quantity of life® He stated that the restriction and control of urbanization was an important aspect. 9:03 p.m. Paul Riff in, Pr. 3, spoke of legal concerns. Robert Rotberg, Pr. 3, and Deborah Kearney, Pr. 7, urged support. 9:11 p.m. Judith Uhrig, Planning Board, moved that the Report of the Planning Board be accepted and placed on file. The Moderator stated a unanimous decision to accept and place the Report on file. 9:12 p.m. Mrs. Uhrig spoke against the motion presented by Mrs. Buchfirer. 9:14 p.m. Jacquelyn Smith, Selectmen, spoke against. She stated that traffic safety should not be dealt with via FAR or traffic control. 9:19 p.m. Michael O'Sullivan, Appropriation Committee, stated that downzoning has future financial ramifications and was risky and irresponsible. He urged defeat. 9:24 p.m. Nathan Becker, Pr, 1, asked for the Moderator to recognize Dennis Austen, Raytheon. Mr. Austen stated this reduction to be totally unfair and was opposed to it. 9:28 p.m. I 58 (Adjourned Session - Annual Town Meeting - May 11, 1987, cont.) Joel Adler, Pr. 1, spoke in favor as did Louis LeBlanc, Pr. 9. 9:29 p.m. Karsten Sorenson, Planning Board, stated sympathy with the intent of this article, but said that it goes too far and penalizes those who develope slowly. 9:30 p.m. Morton Kahan, Pr. 6, urged support, stating that it does not stop development in Lexington. 9:34 p.m. Mrs. Uhrig clarified a point of the Planning Board. 9:36 p.m. James Barry, Pr. 1, urged support while comparing Lexington, Lincoln and Burlington. 9:39 p.m. William Fraser, Pr. 5, moved the question. The Moderator ruled that the main question would be put. Joy Buchfirer, Pr. 3, urged the Town Meeting to support the motion. The Moderator called for a Standing Vote which was tallied as follows: Precinct Yes No Abstain 1 14 4 1 2 9 9 3 12 6 4 11 7 5 13 3 6 11 5 7 15 0 8 13 3 9 16 2 At large 4 18 Totals 118 57 The Moderator declared the motion to have passed. 9:45 p.m. William Welch, Pr. 2, served Notice of Reconsideration. 9:46 p.m. ARTICLE 51. CONVEY PROPERTY TO HOUSING AUTHORITY Presented by Paul Marshall, Selectman. MOTION: That the Selectmen be and they hereby are authorized to convey all or a portion of the land on (passed, Massachusetts Avenue known as the Healy property and as amended- shown as Lot 3 on Assessors' Property Map 21 to the see Page 159) Housing Authority for one dollar and on such other terms as the Selectmen may determine. 9:45 p.m. Mr. Marshall asked that James McLaughlin, Chairman of the Lexington Housing Authority, be recognized. Mr. McLaughlin showed a slide pointing out the location of the two units situated on Massachusetts Avenue. 9:47 p.m. Myla Kabat-Zinn, E.Lexington Community Association, supported the need but suggested that passage to the recreational land behind be given to the Conservation Commission. 9:48 p.m. Vincent Bucca, Lexington Enablement Committee, spoke in support. 9:49 p.m. I .,;(,) (Adjourned Session - Annual Town Meeting - May 11, 1987, cont.) Karen Dooks, Pr. 2, made the following motion: MOTION: That the motion under Article 51 be amended by adding at the end thereof, the following, provided that any portion not so conveyed to the (passed- Housing Authority shall be transferred to the care see below) and custody of the Conservation Commission. 9:57 p.m. Mr. Marshall stated that the lot is 69,000 sq.ft. The housing will take about 1/3 of the lot and only what is needed will be conveyed to the Housing Authority. The Selectmen have no other purpose in mind. There was a series of questions and answers, and speakers for and against. Following a voice vote the Moderator declared the amendment proposed by Mrs. Dooks to have passed. 10:05 p.m. Following a voice vote the Moderator declared a unanimous passage of Mr. Marshall's motion as amended. 10:08 p.m. Elaine Dratch, Pr. 5, served Notice of Reconsideration on Article 51. 10:09 p.m. ARTICLE 52. ACCEPT ELDERLY TAX EXEMPTION MOTION: That the town accept Clause 41C of Section 5 of Chapter 59 of the General Laws. (passed) 10:10 p.m. Mr. Marshall presented the information and urged adoption. Following a voice vote the Moderator declared unanimous passage. 10:12 p.m. ARTICLE 53. ACCEPT ELDERLY/SURVIVING SPOUSE/MINOR EXEMPTION MOTION: That the Town accept Clause 17D of Section 5 of Chapter 59 of the General Laws. (passed) Mr. Marshall presented the information and urged adoption. Following a voice vote the Moderator declared unanimous passage. 10:15 p.m. Francis Smith, Conservation Commission, moved that Article 36 (Conservation Purchase - Upper Vinebrook) be taken off the table. Following a voice vote the Moderator declared that Article 36 was off the table. Mr. Smith moved Indefinite Postponement. Following a voice vote the Moderator declared unanimous Indefinite Postponement. 10:16 p.m. (indefinitely postponed) ARTICLE 54. SCHOOL PLAYGROUNDS Carol Grodzins, Pr. 3, made the following motion: MOTION: That the School Committee be directed to include in their future budgets funds for the (not passed- replacemeni: of playground structures on school see Page 160) property, as needed, 10:16 p.m. C;n (Adjourned Session - Annual Town Meeting - May 11, 1987, cont.) There was lengthy discussion as to how playground equipment is provided for and maintained, and differing opinions voiced as to responsibility and degrees thereof, and philosophical issues associated. 10:30 p.m. Richard Schaye, Pr. 9, moved the question. Following a voice vote the Moderator put the question. Following a voice vote the Moderator declared that the motion made by Mrs. Grodzins did not carry. 10:32 p.m. Ira Richer, Pr. 3, moved that Article 47 (Zoning By-law, Traffic Analysis) be taken off the table. Following a voice vote the Moderator stated that Article 47 was off the table. 10:32 p.m. Mr. Richer moved that Article 47 be Indefinitely Postponed. Following a voice vote the Moderator declared that Article 47 was Indefinitely Postponed. 10:33 p.m. ARTICLE 55. ESTABLISH COMMITTEE FOR PEACE IN CENTRAL AMERICA John Sackton, Pr. 2, made the following motion: MOTION: I move that the Selectmen be and they are hereby authorized to appoint a committee consisting of seven residents to explore how the Town of Lexington, in light of U. S. involvement in Central (passed- America, can contribute to peace, social justice and see Page 161) self-determination in the region, can promote people to people contact, at no cost to the town, and thereby link Lexington residents and institutions with the people of Central America through establishing a sister city relationship with a town in Central America and to make the final report of its activities to the 1988 Annual Town Meeting. 10:35 p.m. A number oE Town Meeting Member and residents rose to speak for and against the motion. Sam Silverman, Pr. 5, presented his point of view and made the following motion: MOTION: I do hereby move that the motion under Article 55 be amended adding the following at the (not passed- end: No consideration, however, shall be given to see below) the establishment of a sister city relationship or to travel by Lexington residents to any country where there is armed conflict, insurrection, violence aimed at Americans, or the possibility of such violence. 11:09 p.m. Webb Sussman, Pr. 2, moved the question. Following a voice vote the Moderator declared Mr. Sussman's motion to have carried. 11:12 p.m. There was further discussion for and against. Following a voice vote the Moderator declared the motion offered by Mr. Silverman not to have carried. 11:16 p.m. Following a voice vote the Moderator declared the motion offered by Mr. Sackton not to have carried. Town Meeting rose to request a Standing Vote which was tallied as follows: 1 5 9 (Adjourned Session - Annual Town Meeting - May 11, 1987, cont.) Karen Dooks, Pr. 2, made the following motion: MOTION: That the motion under Article 51 be amended by adding at the end thereof, the following, provided that any portion not so conveyed to the (passed- Housing Authority shall be transferred to the care see below) and custody of the Conservation Commission. 9:57 p.m. Mr. Marshall stated that the lot is 69,000 sq.ft. The housing will take about 1/3 of the lot and only what is needed will be conveyed to the Housing Authority. The Selectmen have no other purpose in mind. There was a series of questions and answers, and speakers for and against. Following a voice vote the Moderator declared the amendment proposed by Mrs. Dooks to have passed. 10:05 p.m. Following a voice vote the Moderator declared a unanimous passage of Mr. Marshall's motion as amended. 10:08 p.m. Elaine Dratch, Pr. 5, served Notice of Reconsideration on Article 51. 10:09 p.m. ARTICLE 52. ACCEPT ELDERLY TAX EXEMPTION MOTION: That the town accept Clause 41C of Section 5 of Chapter 59 of the General Laws. (passed) 10:10 p.m. Mr. Marshall presented the information and urged adoption. Following a voice vote the Moderator declared unanimous passage. 10:12 p.m. ARTICLE 53. ACCEPT ELDERLY/SURVIVING SPOUSE/MINOR EXEMPTION MOTION: That the Town accept Clause 17D of Section 5 of Chapter 59 of the General Laws. (passed) Mr. Marshall presented the information and urged adoption. Following a voice vote the Moderator declared unanimous passage. 10:15 p.m. Francis Smith, Conservation Commission, moved that Article 36 (Conservation Purchase - Upper Vinebrook) be taken off the table. Following a voice vote the Moderator declared that Article 36 was off the table. Mr. Smith moved Indefinite Postponement. Following a voice vote the Moderator declared unanimous Indefinite Postponement. 10:16 p.m. (indefinitely postponed) ARTICLE 54. SCHOOL PLAYGROUNDS Carol Grodzins, Pr. 3, made the following motion: MOTION: That the School Committee be directed to include in their future budgets funds for the (not passed- replacement oE playground structures on school see Page 160) property, as needed. 10:16 p.m. i 0 (Adjourned Session - Annual Town Meeting - May 11, 1987, cont.) There was lengthy discussion as to how playground equipment is provided for and maintained, and differing opinions voiced as to responsibility and degrees thereof, and philosophical issues associated. 10:30 p.m. Richard Schaye, Pr. 9, moved the question. Following a voice vote the Moderator put the question. Following a voice vote the Moderator declared that the motion made by Mrs. Grodzins did not carry. 10:32 p.m. Ira Richer, Pr. 3, moved that Article 47 (Zoning By-law, Traffic Analysis) be taken off the table. Following a voice vote the Moderator stated that Article 47 was off the table. 10:32 p.m. Mr. Richer moved that Article 47 be Indefinitely Postponed. Following a voice vote the Moderator declared that Article 47 was Indefinitely Postponed. 10:33 p.m. ARTICLE 55. ESTABLISH COMMITTEE FOR PEACE IN CENTRAL AMERICA John Sackton, Pr. 2, made the following motion: MOTION: I move that the Selectmen be and they are hereby authorized to appoint a committee consisting of seven residents to explore how the Town of Lexington, in light of U. S. involvement in Central (passed- America, can contribute to peace, social justice and see Page 161) self-determination Ln the region, can promote people to people contact, at no cost to the town, and thereby link Lexington residents and institutions with the people of Central America through establishing a sister city relationship with a town in Central America and to make the final report of its activities to the 1988 Annual Town Meeting. 10:35 p.m. A number of Town Meeting Member and residents rose to speak for and against the motion. Sam Silverman, Pr. 5, presented his point of view and made the following motion: MOTION: I do hereby move that the motion under Article 55 be amended adding the following at the (not passed- end: No consideration, however, shall be given to see below) the establishment of a sister city relationship or to travel by Lexington residents to any country where there is armed conflict, insurrection, violence aimed at Americans, or the possibility of such violence. 1 11:09 p.m. Webb Sussman, Pr. 2, moved the question. Following a voice vote the Moderator declared Mr. Sussman's motion to have carried. 11:12 p.m. There was further discussion for and against. Following a voice vote the Moderator declared the motion offered by Mr. Silverman not to have carried. 11:16 p.m. Following a voice vote the Moderator declared the motion offered by Mr. Sackton not to have carried. Town Meeting rose to request a Standing Vote which was tallied as follows: (Adjourned Session - Annual Town Meeting - May 11, 1987, cont.) Precinct Yes No Abstain 1 6 9 2 12 4 3 11 2 1 4 6 9 5 3 10 6 9 5 7 11 3 8 6 8 9 6 9 At large 9 11 Totals 79 70 1 The Moderator declared the motion offered by Mr. Sackton to have carried. 11:20 p.m. ARTICLE 56. USE OF FUNDS TO REDUCE TAX RATE John Eddison, Selectman, made the following motion: MOTION: That the sum of $1,462,187 be appropriated to reduce the tax levy for the fiscal year beginning July 1, 1987, and that such amount be transferred from the Excess and Deficiency Account. Following a voice vote the Moderator declared the motion to have passed unanimously. 11:21 p.m. Mr. Eddison moved that the 1987 Annual Town Meeting be dissolved. Following a voice vote the Moderator declared the Meeting dissolved. 11:22 p.m. A true copy. Attest: 0/437 Bernice H. Fallick Town Clerk ADJOURNED SESSION OF SPECIAL TOWN MEETING MAY 13, 1987 The Moderator, Margery M. Battin, called the meeting to order at 8:04 p.m., in Cary Memorial Hall. There were 167 Town Meeting Members present. The invocation was given by Reverend David Chobar, Pastor of the Reorganized Church of Jesus Christ of Latter Day Saints, The Moderator outlined procedural matters. ARTICLE 1. REPORTS James McLaughlin reported the results of the Housing Authority Election. 8:10 p.m. Judith Uhrig moved that the 1987 Report of the Planning Board on Subsidized Housing and the Report on Affordable Housing be accepted and placed on file. Following a unanimous voice vote the Moderator declared the Reports accepted and placed on file. 8:11 p.m. Renee Cochin moved that the Human Services Report be accepted and placed on file. Following a voice vote the Report was accepted and placed on file. 8:16 p.m. Harvey Lowell spoke further on the Report and housing needs. Mrs. Uhrig responded to questions from Julian Bussgang, Pr. 4, and Sam Silverman, Pr. 5, on the Planning Board Report. Marthur Kalil, Pr. 7, expressed gratitude to those responsible for the TMMA information book. ARTICLE 2. HOUSING CONVERSION AND EVICTION BY-LAW Albert Zabin, Pr. 1, made the following motion: MOTION: That the General By-Laws of the Town be (passed with amended by adding thereto a new Article XXXIV one amendment entitled "Lexington Housing Conversion and Eviction [see Page 166, By-Law" as set forth in the motion filed with the Hagedorn amendment] Town Clerk. -vote and final passage on Page 167) 8:24 p.m. (approved by the Motion as filed with the Town Clerk: Att.Gen., August 17, 1987) LEXINGTON HOUSING CONVERSION AND EVICTION BY-LAW SECTION 1. PREAMBLE The Town of Lexington Finds and declares that a serious public emergency exists with respect to adequate housing for a substantial number of its citizens due to the critical shortage of rental and affordable housing within the Town. This shortage has been created and exacerbated by the lack of sufficient new rental housing production, by increases in financing and construction costs, and by increases in the cost of real estate, substantially exceeding increases in personal income. The emergency has also been created and severely aggravated by the proposed conversion of rental housing into condominiums or cooperatives; over 45% of Lexington's aparvent rental housing stock has been or is about to be converted into condominiums. Without sufficient new rental production, such conversion necessarily reduces the rental housing stock otherwise available. An increasing shortage of rental housing accommodations, especially for the elderly, the handicapped, single parent households, and persons and families of low and moderate I U3 (Adjourned Session of Special Town Meeting - May 13, 1987) income, has been and.will continue to result from this emergency. Furthermore, there-'is an acute shortage of housl ngf.or low and moderate income families, and the Town does not have sufficient such housing units to prevent the application of the provisions of General Laws, Chapter 40B to it. Unless the available stock of rental housing (and those who reside therein) receive more protection than the law now affords, from '.. the conversion of said housing accommodations to condominiums and cooperatives, the rental housing shortage will generate serious threats ',.. to the public health, safety and general welfare of the citizens of the Town of Lexington, particularly to the elderly, handicapped, and persons and families of low and moderate income, as defined in Chapter 527 of the Acts of 1983 and in the housing Element Comprehensive Plan of the Town of Lexington. Therefore, in order to address this emergency andto continue to provide a sufficient supply of decent and affordable rental housing in the Town of Lexington, it is necessary that.the Town of Lexington, in the exercise of its powers under Chapter 527 of the Acts of 1983 and the Home Rule Amendment of the Constitution of the Commonwealth, further regulate the conversion of rental housing :into condominiums and cooperatives. SECTION 2. DEFINITIONS As used in this By-law, the definitions set forth in Section 3 of Chapter 527 of the Laws of 1983 shall apply, unless the context clearly requires otherwise or unless otherwise specified in this section of the By-law. CONDOMINIUM CONVERSION BOARD - The citizen board which administers this by-law. CONVERSION - The recording of a master deed in order to make the initial sale and transfer of title to a residential accommodation as:one or more condominium accommodations pursuant to an individual accommodation deed or deeds or, in the case of a cooperative, an individual proprietary lease or leases. LOW OR MODERATE INCOME TENANT - A tenant who meets the definition of a low or moderate income tenant as defined in Section 3 of Chapter 527 of the Acts of 1983 or a tenant whose income falls within 501 to 120% of the Boston SMSA median income (as calculated by the Regional. Economist, Boston Office, U.S. Department of Housing and Urban Development), at the time of the conversion. OWNER - the individual who holds title to any housing accommodation or any housing subject to conversion, including without limitation, a partnership, corporation, or trust, and owner's agents or assigns. TENANT - a person or group of persons collectively entitled to occupy a housing accommodation pursuant to a rental agreement written, oral, express or implied, including a tenant at will. SECTION 3. FURTHER REGULATION OF CONVERSIONS a. Applicability of Chapter 527 of the Acts of 1983 Owners shall he required to comply with the provisions of Section 4 of Chapter 527 of the Acts of 1983 and the provisions of this by-law, which shall be construed to he supplementary to the provisions of Chapter 527 of the Acts of 1983. Any protection or benefits for tenants created by this by-law or conditions imposed by the Board for the protection and benefit of tenants shall be in addition to, and not instead of, any benefits or protection..provided by any statute of the Commonwealth or by any decision of any court. b. Conversion License Required. No housing accommodation in the Town shall be converted to a condominium or cooperative unless the owner shall have first secured a aiicense from the Condominium Conversion Board. The Condominium Conversion Board shall have the authority to grant licenses for the conversion of rental housing accommodations to condominium or cooperative accommodations, provided that no conversion of rental housing accommodations shall he licensed for the earlier of a 1 r,4 (Adjourned Session of Special Town Meeting - May 13, 1987) period of one year from the date of enactment of this by-law, or until the Condominion Conversion Board has been appointed and adopted its rules and regulations. Thereafter, no conversion of rental housing shall be licensed until the Board, by written decision, grants a license. The Board shall not refuse to grant a license, if the applicant has complied with all requirements of Federal, State, and local law and regulations. c. License May Be Subject to Reasonable Conditions. The Board may make the license subject to reasonable conditions for the protection of any tenants. The Board shall use the following factors in setting conditions to the granting of a license: (1) the protection of the public interest of the Town of Lexington; (2) the hardships imposed on the tenants residing in the accommodations proposed to be converted; (3) the aggravation of the shortage of rental housing accommodations in the Town, especially accommodations suitable for families of low and moderate income persons, for single parent households, for elderly, for handicapped or for people on fixed incomes, which may result from the conversion; (4) the hardship on the owner of the real estate to be converted or to the purchaser of the unit. (5) Reasonable arrangements, made by the owner or third parties, to alleviate the hardship on the tenants affected by the proposed condominium conversion. (6) Scope of Conditions. The conditions imposed may include (but are not limited to) a time schedule for the sale of the individual accommodations, a requirement that a reasonable percentage (not less than 10% and not more than 20%) of the accommodations be offered to the Lexington Housing Authority, Lexington Housing Assistance Board, or a limited profit or non-profit legal entity on such terms and conditions as will make the offeree eligtble for state or federal subsidies and as will make it economically feasible for the unit to be purchased for rental to persons of low or moderate income. Such units shall be permanently kept as rental accommodations for low and moderate income persons. SECTION 4. EVICTION LICENSE SYSTEM. a. The provisions of section 4 apply only to elderly tenants, handicapped tenants, and low or moderate income tenants, unless otherwise explicitly stated. b. Pursuant to the Authority vested in this Town by the laws of the Commonwealth of Massachusetts, the owner of a housing accommodation shall be prohibited from instituting any condominium or cooperative conversion eviction as defined in Chapter 527 of the Acts of 1983, without first obtaining a license from the Condominium Conversion Board. Further, the eviction of a tenant by any other person who has purchased a housing accommodation shall be deemed a condominium or cooperative conversion eviction, if the tenant was a resident of the housing accommodation at the time that the master deed for the housing accommodation was recorded pursuant to the provisions of Chapter 183A of the General Laws, or at the time that the Articles of Organization for the cooperative were filed with the Secretary of State. c. The Board shall not license an eviction under this section until the accommodation of the tenant subject to that eviction has been sold, pursuant to the Condominium master deed. d. The Condominium Conversion Board shall have the power to promulgate rules and regulations for the enforcement of this section. e. The Board may not unreasonably withhold a license to evict, but may make the granting of a license subject to reasonable terms and conditions, which may include (but are not limited to), 1 5 (Adjourned Session of Special Town Meeting - May 13, 1987) (1) Prohibiting the eviction for a period of time, not less than any period of time to which the tenant is entitled under the provision of any other law, court decision, regulation, or by-law and not more than a period of five years from the date of the application for a license to evict. (2) Requiring that the applicant for the eviction license give to the tenant sought to be evicted an extension of the rental agreement for a period of time, not less than any period of time to which the tenant is entitled under tha provision of any other law, court decision, regulation, or by-law and not more than a period of five years from the date of the application for a license to evict. The provisions of such rental agreement may not otherwise be modified, except with respect to the amount of annual rent, any increase in which shall not exceed an amount equal to the sum which would result by multiplying said rent by the percentage increase in the consumer price index for all urban consumers as published by the United States Department of Labor, Bureau of Labor Statistics, during the calendar year immediately preceding the date upon which such rental agreement is commenced, or ten per cent, whichever is less; provided, however, nothing herein shall limit the right of a property owner to any amounts which may be due under a valid escalation clause in the written lease. F. Any rent increase, imposition of new terms and conditions of the tenancy, reduction or elimination of services, or other device used to circumvent the protections of this section shall be invalid. g. Any condition or terms imposed by the Board with respect to a license to evict shall be in addition to, and not instead of, any right, protection, or benefit available to the tenant under any statute of the Commonwealth or court decision. h. The guidelines that the Board shall use in determining the conditions upon which an eviction license may be granted shall include the following: (i) The hardship on the tenant and the owner of the unit in question. The Board may include in its consideration of hardship matters relating to finances, health, age, and family problems (including the importance of a child finishing school in Lexington). (ii) The availability of affordable housing for the tenant in Lexington. (iii) The housing situation of the owner of the unit in question. i. Notwithstanding anything in the foregoing to the contrary, this section of this by-law applies, to the extent permitted by law, to all persons who were tenants on the date of the adoption of this by-law, by the Town Meeting. SECTION 5. INAPPLICABILITY:TO TWO FAMILY OR SINGLE FAMILY HOUSES. This by-law does not apply to any building, containing fewer than four housing accommodations. SECTION 6. THE CONDOMINIUM CONVERSION BOARD. a. Appointment and Composition. The Board of Selectmen shall appoint five members to administer the provisions of this by-law. The Board of Selectmen may appoint any existing Board (including itself), Official Committee of the Town, Commission or authority to act as the Condominium Conversion Board. It may, as an alternative, appoint five citizens of the Town of sound judgment and knowledge of housing and land planning issues. b. Terms of office. Members of the Conversion Board will serve without compensation for three-year terms, except for the first year of appointment when the selectmen shall designate two members to have three- year terms, two members to have two-year terms and one member to have a one-year term. If the Board of Selectmen appoint an existing Board, I (iPi Adjourned Session of Special Town Meeting - May 13, 1987) Official Committee of the Town, Commission or authority to act as the Condominium Conversion Board, the terms of office of the Condominium Conversion Board shall be coterminous with the terms of office of such other Board, Committee, Commission, or authority. c. Procedure and Hearings The Condominium Conversion Board shall promulgate rules of procedure for the conduct of its business. (1) It may establish reasonable fees for applications for licenses. (2) Its rules shall require that it will hold a public hearing on any application for a Condominium Conversion license after notice by certified or registered mail to all occupants of the subject property and by publication in a newspaper of general circulation within the town. (3) The hearing shall not be scheduled for a date less than 30 days from the date of the mailed notice, nor more than 60 days from that date. The rules of the Board may provide for reasonable postponements by agreement of the Board and the applicant. (4) The Board shall reduce its decisions to writing which it shall file with the Town Clerk within 60 days of the completion of the hearing or within such time as the Board and the applicant shall agree. If the Board does not render its decision within the time required by this section, it shall be deemed to have granted the license requested without condition, save those imposed by state law. (5) The Board's rules shall require that it will hold a public hearing on any application for an eviction license after notice by certified or registered mail to the tenants in the subject property whose eviction the applicant seeks and by publication in a newspaper of general circulation within the town.. (6) The Board shall reduce its decisions to writing which it shall file with the Town Clerk within sixty days of the completion of the hearing or within such time as the Board and the parties shall agree. However, the failure of the Board to act within the time required by this subsection (c) (6) shall not have the effect of granting the license to (7) Any aggrieved party may appeal a decision of the Board to a court of competent jurisdiction within thirty days of the date the decision of the Board has been filed with the Town Clerk or within such time as state law permits. SECTION 7. SEVERABILITY. If any provision of this By-law or the application to any person or circumstance is held invalid, the invalidity shall not affect any other provision of this By-law. Mr. Zabin gave further explanation. Frederick Hagedorn, Pr. 1, made the following motion: MOTION: that Section 4i be amended by adding the (passed- following words after the words to all persons who see below) were "elderly, handicapped, and low or moderate income" 8:47 p.m. Following a voice vote the Moderator declared the amendment to have passed unanimously. 8:49 p.m. 6 7 (Adjourned Session of Special Town Meeting - May 13, 1987) Discussion followed with a large number of participants. Paul Marshall, Selectman, stated that a majority of the Board supported all of the motion. William Fraser, Pr. 5, moved the question. . 10:07 p.m. Following a voice vote the Moderator stated that the question would be put. 10:08 p.m. The Moderator called for a Standing Vote which was tallied as follows: Precinct. Yes No 0,4i:a tn. 1 19 2 2 16 1 3 17 0 4 13 2 5 13 2 6 15 0 7 12 0 8 12 0 9 18 At large 15 3 3 Totals 150 11 4 The Moderator declared the motioq to have carried. 10:15 p.m. Under Article 1 John Eddison, Selectman, commended the Moderator for doing an outstanding job in her first year. 10:16 p.m. Mr. Eddison moved to dissolve the Special Town Meeting. Following a voice vote the Moderator declared the Special Town Meeting to be dissolved. 10:17 p.m. A true copy. Attest: : '77/ Bernice H. Fallick Town Clerk