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. A change in the ownership or management of an establishment, without
the type of changes enumerated in the previous sentence, is not considered a
substantial change in use."
END OF PART B
PART C. -- TABLE 1
"TABLE I PERMITTED USES AND DEVELOPMENT STANDARDS
PART A RESIDENTIAL, INSTITUTIONAL, AGRICULTURAL USES
Line RO CB
RS RT RM 410 CN CRS CS CLO CRO CM
*For uses permitted in RD districts, see subparts ra hs 4.1.1 and 8.3.3
1.0 RESIDENTIAL USES
1.1 PERMITTED RESIDENTIAL USES (Must also comply with
operating and development standards)
1.11 One-family dwelling Y Y Y S:S Y N N N N N
1.12 Two-family dwelling, semi-attached dwelling N Y Y SP* Y N N N N N
1.13 Conversion of one-family dwelling to two-family SP Y Y N YNNNNN
dwelling (see subsection 5.3 elsewhere in this By-Law)
1.14 Conversion of one-family dwelling to congregrate living SP SP Y S * SP N N N N N
facility (see subsection 5.4 elsewhere in this By-Law))
1.15 Dwelling unit in commercial or institutional building Y Y Y S1* Y Y Y Y Y Y
for security, maintenance or administrative employee
1.16 (Reserved)
1.17 Temporary dwelling, which may include a mobile home, YYYY NNNNNN
to be erected for a period of not more than one year
to replace a permanent dwelling which has been damaged
or destroyed by fire, natural catastrophe, or by
demolition or substantial reconstuction.
1.18 Planned residential development (three or more dwelling SPS SPS N*** SPSNNNNNN
units or rooming units) All planned residential devel-
opments. requireeaspeciaTimit wiETi site plan
review (SPS). See Section 9.
Section 4, Table 1, Part A, Residential, Institutional, Agricultural Uses Page C- 2
Comprehensive Commercial Revision (As of 4/29/87)
RO CB
RS RT RM RD CN CRS CS CLO CRO CM
TYPES OF DWELLINGS AND RESIDENTIAL FACILIIL&
The types of dwellings and residential facilities per-
mitted vary according to the type of district and the
type (three alternatives) of planned residential devel-
op ee t. Listed below, for inf2ET2!122_purgoses, is a
jenerai summary. Subsection 9.2.3cntrols which types'
of dwellings are permitted.
1.181 One-family detached Y Y N*** SP* N N N N N N
1.182 One-family attached, two-family SP Y N*** SP* N N N N N N
1.183 Townhouse SP SP N*** SP* N N N N N N
1.184 Three-family, four-family, multi-family N N N*** Sp* N N N N N N
1.185 Rooming house, group quarters N** N** N*** SP* N N N N N N
1.186 Group care facility, congregate living facility N N N*** SP* N N N N N N
long term care facility
1.187 Conversion of a municipal building to residential SPS SPS N*** SP* N N N N N N
use (see subsection 9.5)
* subject to a preliminary site development and use
plan (see subsections 4.1.1 and 8.3.3)
** Y, if accessory to a religious or educational use
*** Development of new multi-family dwellings is not
permitted in the RM district; these uses are per-
mitted in RM districts in existence in
January, 1985.
1.2 ACCESSORY USES FOR RESIDENTIAL USES
(See also line 5, accessory uses permitted in all
residential, institutional, agricultural uses)
1.21 Rooming units, without kitchen facilities, for not more Y Y Y SP N N N N N N
than three persons in an existing dwelling, provided the
building contains a dwelling unit occupied by a family
1.22 Accessory apartment in one-family dwelling YYYSPYNNNNN
(See subsection 5.2 elsewhere in this By-Law)
1.23 Home occupation in which there is no exterior evidence Y Y Y SP Y N N N N N
of the occupation, no employee is not also a resident
in the dwelling, and not more than one customer or
client visits the dwelling at one time.
Section 4, Tab__ ., Part A, Residential, Institutional, Agricult Uses Page C
Comprehensive Commercial Revision (As of 4/29/87)
RO CB
RS RT RM RD CN CRS CS CLO CRC 01
1.24 Home occupation, or office of a physician, dentist or SP SP SP SPYNNNNN
other professional person, provided there is no
exterior evidence of the occupation and no employee is
not also a resident in the dwelling; may have
customers or clients visit the dwelling.
1.25 Tool shed, storage shed, garden house subject to the YYYY YNNNNN
same dimensional controls as a principal building
1.26 Greenhouse not used for commercial purposes subject YYYY YNNNNN
to the same dimensional controls as a principal building
1.27 Swimming pool (See subsection 5.7) YYYSPYNNNNN
1.28 Tennis court or court for a sport played with a rac- SP SP SP SPYNNNNN
quer or paddle including handball. (See subsection 5.7)
1.29 Satellite receiving antenna (See subsection 5.7.2) YYYSPYNNNNN
1.30 Off-street parking for automobiles. If outdoor park- Y Y Y Y YYYYYY
ing spaces are provided for more than three automobiles
for a dwelling unit, a special permit is required.
1.31 Off-street parking for not more than one commercial YYYY YNNNNN
vehicle which shall be owned and used jy a resident of_
the dwelling and shall be parked only in a garage.
1.32 Outdoor storage of not more than one unregistered YYYY YNNNNN
automobile which shall be parked only in an area not
within the minimum yard required for the principal
• ' dwelling and which is screened from the view of abut-
ting lots and the street. Thi•-s limitation does not
apply to such vehicles stored within a building.
1.33 Convenience business or other commercial uses in a NNNSPNNNNNN
multi-family development (see subsection 9.3.3)
4,.
Section 4, Table 1, Part A, Residential, Institutional, Agricultural Uses Page C- 4
Comprehensive Commercial Revision (As of 4/29/87)
RO CB
RS RT RM RD CN CRS CS CLO CRO CM
2. INSTITUTIONAL USES
2.1 PERMITTED INSTITUTIONAL USES (Must also comply with
operating and development standards)
2.11 Churches, synagogues, and temples (including associated Y Y Y Y YYYYYY
dwellings for religious personnel and associated
buildings used for religious psirposes)
2.12 Private non-profit day care center, nursery school, SP SP SP SP SP SP* SP* SP* SP* 5P*
kindergarten, after school center, or similar facility
operated for children younger than 12 years old;
* as an accessory use to a permitted use only
2.13 Elementary or secondary school, trade or vocational YYYY YYYYYY
school for elementary and secondary school students;
operated by a public agency, or by a religious sect
or denomination, or a non-profit corporation;
includes associated buildings and land used for
educational purposes
2.14 Public or private non-profit, college or technical YYYY YYYYYY
school, trade or vocational school operated for col-
lege age students; includes buildings, land or other
other facilities used for educational purposes but not
including space used for revenue producing purposes
not directly associated with the education of students;
(for space used for revenue producing purposes, see
commercial uses)
2.15 Public parks, playgrounds, municipal buildings or uses Y Y Y Y YYYYYY
2.16 Museum, art gallery, private library SP SP SP SPYYNYYN
2.17 Non-profit community service center or charitable SP SP SP SPYYNYYY
organization
2.18 Private, non-profit club or lodge of social, fraternal, SP SP SP SPYYNYYY
veterans, professional or political association,
union hall; not including a recreational club
2.19 Private non-profit recreational facility such as SP SP SP SPYYYYYY
golf course, tennis or swimming club
2.20 Cemetery YYYN YYYYYY
Section 4, Table 1, Part A, Residential, institutional, Agricultural Uses Page C- 5
Comprehensive Commercial Revision (As of 4/29/87)
RO CB
RS RT RM RD CN CRS CS CLO CRC} CM
2.3 ACCESSORY USES, INSTITUTIONAL USES
(See also line 5, accessory uses permitted in all
residential, institutional, agricultural uses) t�
2.31 Within a lodge or recreational club, kitchen, dining SP SP SP SPYYYYYY
room, function room available for members but not open
to the general public
2.32 Within a recreational club, place for the sale of SP SP SP SPYYYYYY
related equipment, such as balls; snack bar
2.33 Within a school, kitchen and dining facilities SP SP SP SPYYYYYY
for staff or students; dwelling units for staff
2.4 DEVELOPMENT STANDARDS
2.41 Uses and struMures with less than 10,000 square feet Y Y Y SP Y Y Y Y Y Y
of gross floor area, including the area of any existing,
structure but not injluding any floor area devoted to
parkin, on a lot provided the use is permitted.
2.42 Uses and structures with 10,000 square feet or more SPS SPS SPS SPS SPS SPS SPS SPS SPS SPS
of gross floor area, including the area of anexis t ing,
structure but not including any floor area devoted to
yarkinE, on a lot provided the use is permitted and
the SPGA grants a special permit with site plan.
(See subsection 3.4 and 3.5)
3. AGRICULTURAL NATURAL RESOURCE USES
3.1 PERMITTED AGRICULTURAL, NATURAL RESOURCE USES
3.11 Farm for the raising of crops YYYY YYYYYY
3.12 Farm or ranch for the raising or boarding, breeding of Y Y Y Y YYYYYY
of cattle, poultry, horses or other livestock provided
the area of the lot is at least five acres
3.13 Commercial greenhouse or nursery with retail sales SP SP SP SP SP SP SP SP SP SP
(See subsection 5.5)
3.14 Roadside stand (for two years terms) SP SP SP SP SP N N N N SP
3.15 Removal from a lot of earth materials for sale such as SP N N N N N N N SP SP
loam, sod, sand, gravel, stone, lr clay
Section 4, Table 1, Part A, Residential, Ins " 'onal, Agricultural Uses Page C- 6
Comprehensive Commercial Revision (As of 4/29/87)
RO CB
RS RT RM RD CN CRS CS CLO CRO 01
4. COMMERCIAL USES IN RESIDENTIAL DISTRICTS
4.1 PERMITTED COMMERCIAL USES IN RESIDENTIAL DISTRICTS For permitted commercial uses
in commercial districts, see
Part B of this Table.
4.11 Privately owned for profit recreational SP SP SP SP
facilities for golf, tennis or swimming
4.12 Horseback riding area, stables operated for profit SP SP SP SP
4.13 Utility substation or pumping station provided no public Y Y Y SP
business office is permitted and all outdoor storage of
equipment or material is permanently screened from the
view of adjoining lots and the street. (See Section 10)
4.14 Seasonal sale of christmas trees and wreaths SP SP SP SP
5. ACCESSORY AND TEMPORARY USES PERMITTED FOR ALL RESIDENTIAL, INSTITUTIONAL AND AGRICULTURAL USES
5.11 Off-street parking, off-street loading (See Section 11) Y Y Y Y YYYYYY
5.12 Dwelling unit in institutional building for security, YYYSPYYYYYY
maintenance or adminstrative personnel
5.13 Building for storage of tools, lawn and garden equip- Y Y Y Y YYYYYY
ment and supplies subject to same dimensional controls
as a principal building.
5.14 Greenhouse not used for commercial purposes subject to Y Y Y SP Y Y Y Y Y Y
the same dimensional controls as a principal building
5.15 Swimming pool (See subsection 5.7.1) YYYSPYYYYYY
5.16 Tennis court or court for a sport played with a rac-- SP SP SP SPYYYYYY
quet, includes handball (See subsection 5.7.1)
5.17 Satellite receiving antenna (See subsection 5.7.2) YYYSPYYYYYY
5.18 Parking of trucks or other equipment to be used for YYYY YYYYYY
the maintenance of buildings and grounds only;
shall be parked only in a garage or in an area not
within the minimum yard for the principal building
and shall be screened from the view of abutting lots
and the street. (See Section 10)
n
Section 4, Table 1, Part A, Residential, Institutional, Agricultural Uses Page C- 7
Comprehensive Commercial Revision (As of 4/29/87)
RO CB
RS RT RM RD CN CRS CS CLO CRO CM
5.19 Convenience business or other commercial uses in an YYYSPYYYYYY
institutional building; provided the use is conducted
entirely within the principal building, is conducted
primarily for the occupants or employees of the princi-
pal use and there is no evidence of the conduct of the
accessory use from the street or from any lot line.
5.20 Accessory sign, as permitted by Section 13. YYYSPYYYYYY
TEMPORARY USES or permitted temporary uses
in commercial districts, see
Part B of this Table
5.21 Temporary building(s) or trailer(s) incidental to the Y Y Y Y
construction of a building or land development for a
period not to exceed two years provided a non-renew-
able permit is granted by the building commissioner.
5.22 porary tructures and uses not otherwise permitted SP SP SP SP
in the district provided the SPCA makes a finding that
the proposed structure or use is compatible with then
nei hborhood and the time period_of the special permit
is not greater than two years.
v��4
f
PART B COMMERCIAL USES
Note: Commercial Uses Are Not Permitted in Residential Districts Except As Indicated in PART A
Line ALL COMMERCIAL USES CN CRS CS CB CLO CICO CM
B.I OPERATING STANDARDS
11.11 All operations are conducted entirely within an YYYYYYY
enclosed building
B.I2 Operations, in part or in whole, conducted outdoors SP Y Y SP SP SP Y
during operating hours and subject to the transition
and screening requirements set forth in section 10.
B.13 Storage of equipment and products outdoors during N Y Y Y N SP SP
non-operating hours
B.2 DEVELOPMENT STANDARDS
B.21 Uses and structures with less than 10,000 square feet of YYYYYYY
gross floor area including the area of any existing struc-
tures but not including an floor area devoted to off--street,
parkin , on a of provided the use is perrnitte and complies
with the operating and development standards in this Table.
B.22 Uses and structures with 10,000 or more square feet of SPS SPS SPS SPS SPS SPS SPS
gross floor area including the area of any existing struc-
tures but not includinfl any floor area devoted to off-street
parking, on a lot provided the SPGA grants an SPS
as provided in subsections 3.4 and 3.5.
Section 4, 1, Part B, Commercial Uses Page C— 9
Comprehensive Commercial Revision (As of 4/29/87)
CN CRS CS CB CLO CRO CM
6. OFFICE USES
6.1 PERMITTED OFFICE USES (Must also comply with
operating and development standards)
6.11 Real estate development, management NYNYYYY
6.12 Finance, credit, investment but not a bane (See line 7.15) N Y N Y Y Y Y
6.13 Medical, dental, psychiatric office, but not a clinic YYNYYYY
(see line 7.21)
a. with related laboratory NYNYYYY
6.14 Professional services such as law, engineering, NYNYYYY
architecture, consulting service
6.15 Advertising, editing, composition, but not NNNNYYY
including printing or other reproduction service
6.16 Employment agency, office of a business, professional, NYNYYYY
labor, civic or social association
6.17 Office of manufacturer's representative or salesman NYNYYYY
with no sales or storage and distribution of products
from the premises
6.18 Other business or administrative office, not elsewhere NNNYYYY
classified
6.2 DEVELOPMENT STANDARDS
6.21 Office located on a street level floor INNNYYY
6.22 Office located on any floor other than on a street N* Y N Y Y Y Y
level floor; * permitted in a basement
6.23 Office space of all companies in a building occupies a NNNYYYY
total of more than 50% of the floor area in a building
6.24 Offices in which one company has not more than 1,000 YYNYYYY
square feet of floor area in a building
6.25 Offices in which one company has more than 1,000 NYNYYYY
square feet of floor area but not more than 2,500
square feet of floor area in a building
6.26 Building used for offices without limit as to the NNNNNYY
amount of floor area one company may occupy or the
percentage of floor area occupied by offices.
Section 4, Table 1, Part B, Commercial Uses Page C- 10
Comprehensive Commercial Revision (As of 4/29/87)
CN CRS CS CB CLO CRU CM
7. PERSONAL, BUSINESS SERVICES
7.1 PERMITTED PERSONAL, BUSINESS SERVICE USES (Must also
comply with operating and development standards)
7.11 Beauty salon, barber shop = YYYYYNN
7.12 Laundry or dry cleaning pick-up station with processing YYYNNNN
done elsewhere; laundry or dry cleaning with processing
on the premises subject to the development standards for
the district; self-service Laundromat or dry cleaning
7.13 Tailor, dressmaker, shoe repair YYYYNNN
7.14 Real estate sales or rental YYNYYYY
7.15 Bank, credit union NYNYYYY
a. external automatic teller machine NYYYYYY
b. with drive-up window or auto-oriented branch bank N SP N N N SP SP
7.16 Travel agency, insurance agency, ticket agency NYNYYYY
7.17 Photographic services including commercial photography YYYYYYY
7.18 Repair of household appliances, small tools or equip- YYYYNNN
ment, rental of equipment or tools for use in a home
7.19 Funeral parlor NNYNYNN
7.20 Photocopying, reproduction services but not commercial YYYYYYY
printing
7.21 Medical clinic for out-patient services NYNYYYY
7.22 For-profit school for instruction in arts, skills or NYYYYYY
vocational training
7.23 Commercial printing, publishing NNYYYNY
7.24 Newspaper distribution agency NNYNYNY
7.25 Office of veterinarian NNYNNNN
7.26 Kennel, boarding of household pets NNYNNNN
7.3 DEVELOPMENT STANDARDS
7.31 Services with less than 1500 square feet of floor YYYYYYY
area per establishment
7.32 Services with 1500 or more square feet of floor area NYYYYYY
per establishment
Section 4, Table 1, Part B, Commercial Uses Page C- 11
Comprehensive Commercial Revision (As of 4/29/87)
CN CRS CS CB CLO CRO CM
8. SALES OR RENTAL OF GOODS, EQUIPMENT
8.1 PERMITTED RETAIL SALES AND RENTAL USES (Must also
comply with operating and development standards)
8.11 Convenience goods often bought on a daily basis such YYYYYNN
as iord, candy, newspapers, tobacco products,
8.12 General merchandise, department stores NYNYNNN
8.13 Food, but not that intended for consumption on the YYNYNNN
premises, includes delicatessen or bakery, but not a
take out or fast food service
8.14 Package liquor store, with no consumption of N SP N Y N N N
beverages on the premises
8.15 Apparel, fabrics and accessories YYNYNNN
8.16 Furniture, home furnishings, home appliances and NYNYNNN
equipment, carpets
8.17 Other retail goods such as books, stationery, drugs, YYNYNNN
sporting goods, jewelry, photographic equipment and
supplies, flowers, novelties, cards, footwear, and
the like which are typically of a size that a customer
can carry by hand
8.18 Hardware, paint, wallpaper YYYYNNN
8.19 Building materials NYYYNNN
8.20 Lawn and garden supplies and equipment NYYNNNN
8.21 Sale or rental of equipment and supplies such as NYYNNNN
office furniture, to other businesses
8.3 DEVELOPMENT STANDARDS
8.31 Stores with less than 2,000 square feet of floor area YYYYYNN
per establishment
8.32 Stores with 2,000 or more square feet of floor area NYYYNNN
per establishment
8.33 All sales or rental conducted entirely within a fully YYYYYNN
enclosed building; temporary display of products out-
doors during operating hours permitted
} 8.34 Sales or rental conducted in part outdoors with permanent NYYYNNN
display of products during non-operating hours; subject to
screening requirements in Section 10.
4y7, Section 4, Table 1, Part B, Commercial Uses Page C- 12
Comprehensive Commercial Revision (As of 4/29/87)
CN CRS CS CB CLO CRO CM
9. EATING AND DRINKING, TRANSIENT ACCOMMODATIONS
9.1 PERMITTED EATING AND DRINKING ESTABLISHMENTS, TRANSIENT
ACCOMMODATIONS (Must also comply with operating and
development standards)
9.11 Restaurant N SP N SP N SP SP
9.12 Fast food or take out service serving enough food to N SP N SP N N N
comprise a meal.
9.13 Take out or fast food service serving food or SP SP SP SP N N N
beverages, such as coffee, snacks, ice cream, or donuts,
but not enough to comprise a meal.
9.14 Caterer or other establishment preparing meals for NNSPNNNN
groups of people
9:15 Drive-in or drive-thru food service establishment NNNNNNN
9.16 Hotel, motel N N N SP N SP SP
10. COMMERCIAL RECREATION, AMUSEMENT, ENTERTAINMENT
10.1 PERMITTED COMMERCIAL RECREATION, AMUSEMENT, ENTERTAINMENT USES
(Must also comply with operating and development standards)
10.11 Bowling alleys, billiard parlor NYNNNNN
10.12 Movie theater (indoor) NYNYNNN
10.13 Indoor athletic and exercise facilities, weight NYYNNNN
reduction salon
11. MOTOR VEHICLE-RELATED SALES AND SERVICE USES
11.1 PERMITTED MOTOR VEHICLE-RELATED SALES AND SERVICE USES
(Must also comply with operating and development standards)
11.11 Motor vehicle sales or rental; includes automobiles, trucks N SP SP N N N SP
campers, vans, recreational vehicles, or trailers
11.12 Service station, sale of fuel and other motor oil N SP SP N N N N
products and accessories such as batteries, tires
Section 4, Table 1, Part B, Commercial Uses Page C- 13
Comprehensive Commercial Revision (As of 4/29/87)
CN CRS CS Chi CLO CRD CM
11.13 Sales and installation of automotive parts such as NNSPNNNN
tires, mufflers, brakes and motor vehicle accessories
11.14 Motor vehicle maintenance and minor repairs limited to N N SP N N N SP
engine tune-up, lubrication and installation of
replacement parts, adjustment or replacement of brakes
or tires, washing and polishing, but not including
engine overhaul, body work or painting
11.15 Substantial motor vehicle repair including engine NNSPNNNN
overhaul, body work and painting
11.16 Car wash conducted entirely within a building NNSPNNNN
11.17 Automobile parking lot where the parking spaces do not N N SP SP N SP SP
not serve a principal use on the same lot and where
no sales or service takes place.
11.18 Storage of automobiles or trucks where the principal NNSPNNNN
user of the vehicles is not on the same lot.
11.2 DEVELOPMENT STANDARDS
11.21 Activities conducted entirely within a fully enclosed N SP SP N N N SP
building
11.22 Activities conducted outside of a building, in an open N SP SP SP N SP SP
area
11.23 Open-air storage of inoperable and unregistered motor NNSPNNNN
vehicles where accessory to a permitted principal use
12. CONSTRUCTION, STORAGE, DISTRIBUTION AND INDUSTRIAL SERVICES
12.1 PERMITTED CONSTRUCTION, STORAGE, DISTRIBUTION AND
INDUSTRIAL SERVICE USES (Must also comply with operating
and development standards)
Section 4, Table 1, Part B, Commercial Uses Page C- 14
Comprehensive Commercial Revision (As of 4/29/87)
CN CRS CS CB CLO CRO CM
12.11 Laundry, dry-cleaning where clothes or other fabrics NNSPNNNN
177'
are washed or cleaned; but oftL including carpets
12.12 Bakery �� N N NNNN
12.13 Industrial services such as machine shop, welding N N N N N Y
12.14 Commercial mover, associated storage facilities NNSPNNNY
12.15 Distribution center, parcel delivery, commercial mail NNNNNYY
delivery center
12.16 Office, display or sales space of a wholesale or NNYNNNN
distributing establishment, provided that not more than
25 per cent of the floor area is used for assembly of
products
12.17 Shop and storage facilities for tradesmen such as NNYNNNN
carpenter, plumber, electician etc. engaged in the
construction and repair of residential buildings and
other light frame structures with incidental sale of
building materials or products on the premises
12.18 Office, yard and storage facilities for construction NNSPNNNN
company such as a general contractor, landscape con-
tractor
12.19 Fuel oil dealer including sale and repair of heating NNSPNNNN
equipment but not including bulk storage of fuel oil
13. MANUFACTURING
13.1 PERMITTED MANUFACTURING USES (Must also comply with
operating and development standards)
13.11 Light manufacturing NNNNNNY
13.12 Laboratory engaged in research, experimental and testing NNNNNYY
activities, which may include the development of
mock-ups and prototypes but not the manufacture of
finished products
Section 4, Table 1, Part B, Commercial Uses Page C- 15
Comprehensive Commercial Revision (As of 4/29/87)
CN CRS CS CB CLO CRO CM
14. UTILITY, COMMUNICATIONS AND TRANSPORTATION
14.1 PERMITTED UTILITY, COMMUNICATIONS AND TRANSPORTATION
USES (Must also comply with operating and development
standards)
14.11 Substation, pumping station or automatic telephone SPYYYYYY
exchange of a regulated public utility
14.12 Radio, television studio, but without transmitting or NYYNNYY
receiving towers
14.13 Transmitting or receiving tower or antenna for NNNNNNY
commercial activities
14.14 Commercial ambulance service NNSPNNNN
14.15 Taxicab garage, parking area NNSPNNNN
14.16 Bus garage or storage facility NNSPNNNY
14.17 Parking, maintenance facilities for commercial vehicles NNSPNNNY
where it is a principal use
14.18 Landing place for helicopters not including storage or N N N N N SF SP
maintenance facilities
15. OPEN-AIR, SEASONAL AND SPECIAL EVENTS
15.1 PERMITTED OPEN-AIR, SEASONAL AND SPECIAL EVENTS USES
(Must also comply with operating and development
standards)
15.11 Flea market NNSPNNNN
15.12 Fund raising event conducted by Lexington non-profit NYYYNNN
organization provided permission, if required, is
granted by the appropriate Town agency.
15.13 Seasonal sale of Christmas trees and wreaths SP Y Y N SP SP SP
Section 4, Table 1, Part B, Commercial Uses Page C- 16
Comprehensive Commercial Revision
(As of 4/29/87)
CN CRS CS CB CLO CRO CM
16. ACCESSORY USES FOR COMMERCIAL USES
16.1 Off-street parking for vehicles associated with the YYYYYYY
principal use; (See Section 11) NOTE: an off-street
parking structure must comply with the dimensional
controls for a building
16.2 Off-street loading for vehicles associated with the YYYYYYY
principal use; (See Section 11)
16.3 Parking of trucks or other equipment to be used for NYYYYYY
the maintenance of the buildings and grounds only;
shall be parked only in a garage or in an outdoor
area not within the minimum yard for the principal
building and shall be screened from the view of
abuttinglots and the street. (See Section 10)
16.4 Temporary overnight outdoor parking of freight NYYYYYY
carrying or material handling equipment
16.5 Building for storage of tools, lawn and garden equip- YYYYYYY
ment and supplies subject to same dimensional
controls as a principal building.
16.6 Dumpster or other refuse disposal equipment subject to YYYYYYY
Section 10.
16.7 a. Convenience business use NYYYYYY
b. Commercial use not otherwise permitted in district N SP SP SP SP SP SP
provided the use is conducted entirely within the principal
building, is conducted primarily for the employees or
clientele of the principal use and not for the general
public and there is no evidence of the conduct of the
accessory use from the street or from any lot line.
16.8 Cafeteria, dining room, conference rooms, function rooms NYYYYYY
recreational facilites for the employees and clientele
of the principal use; if the use is not otherwise
permitted in the district, it shall not be available to
the general public and shall be conducted entirely within
the principal building with no evidence of the existence
of the use from the street or from any lot line
16.9 Accessory sign, as permitted by Section 13. YYYYYYY
16.10 Processing, storage and limited manufacturing of goods NNNNNYY
and materials related solely to research, experimental
and testing activites
Section 4, Table 1, Part B, Commercial Uses Page C- 17
Comprehensive Commercial Revision (As of 4/29/87)
CN CRS CS CB CLO CRU CM
16.11 Uses accessory to permitted scientific research, NNNNNYY
development or related production activities
16.12 Temporary building(s) or trailer(s) incidental to the YYYYYYY
construction of a building or land development for a
period not to exceed two years provided a non-renewable
permit is granted by the building commissioner.
17. TEMPORARY USES
17.1 Temporary structures and uses not otherwise permitted in SP SP SP SP SP SP SP
the district provided the SPGA makes a finding that the
proposed structure or use is compatible with the neigh-
borhood
18. PROHIBITED USES: ALL COMMERCIAL AND RESIDENTIAL DISTRICTS
18.1 Any use, structure, operation or activity not expressly NNNNNNN
permitted by this By-law or not accessory to a per-
mitted use, structure, operation or activity
18.2 Any use, structure, operation or activity whether NNNNNNN
otherwise permitted or accessory to a permitted use,
structure, operation, or activity or not, which may be
disturbing, detrimental or hazardous to persons working
or living in the neighborhood by reason of special
danger of fire, explosion, pollution of water ways or
ground water, corrosive or toxic fumes or materials,
excessive heat, smoke, soot, obnoxious dust or glare,
excessively bright or flashing lights, electromagnetic
radiation excessive noise or vibration
18.3 The following uses are specifically prohibited. This is NNNNNNN
not intended to be an all inclusive list and the fact
that a use, structure, operation or activity is not
listed below does not mean it is permitted if it is
excluded by 18.1 or 18.2. Prohibited uses are:
junkyards (see definition), automobile graveyards,
billboards.
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
jr1
t..1
-,/,...
Part F, Table 2, Dimensional Controls Page 2
Comprehensive Commercial Revision (As of 4/29/87)
F. REVISIONS TO SCHEDULE OF DIMENSIONAL CONTROLS FOR COMMERCIAL DISTRICTS
CN CRS CS CB CLO CRO CM
Minimum Lot Area 15,500 15,500 20,000 NR 30,000 5 acres 3 acres
s.f. s.f. s.f. s.f.
Minimum Lot Frontage 125 125 125 20 175 300 200
Minimum Front Yard (c) 30 30 30 NR(d) 50 100 75
Minimum Side Yard 20 20 15 NR 30 50 30
Minimum Rear Yard 20 20 20 10 30 50 50
Minimum Side and Rear Yard 30 30 30 30 50 100 100
Adjacent to, or Front Yard
Facing a Residential District (f)
Maximum Floor Area Ratio 0.20 0.20 0.20 2.0 0.25 0.25 0.20
(F.A.R.)
Maximum % Site Coverage 20% 25% 25% NR 20% 25% 25%
Maximum height Stories 3 3 3 2 3 3 3
Public and Institutional
Building ------ Feet 45 45 45 30 45 45 45
Maximum Height Stories 1 2 2 2 2 3 3
Other Buildings Feet 15 25 25 25 30 45 45
I 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