HomeMy WebLinkAbout1996-03-05- to 1996-05-15 ATM-min • 21‘_
1996 ANNUAL TOWN MEETING
APRIL 8, 1996
The meeting was called to order by Moderator Margery M.
Battin, at 8 p.m. , in Cary Memorial Hall.
A quorum was present.
The invocation was given by Reverend Flanders of the
Church of Our Redeemer.
The Moderator lauded the contributions of longtime Town
Meeting Members who had chosen not to run this term: Erna
Greene, Sam Nablo, Jack Sarmanian, Jackie Ward, and Ruth
Souza, and honored the passing of Town Clerk's Office
staff member Elinor Cahill.
8:10 p.m. Town Clerk Bernice Fallick read the Town
Warrant until waived and the Constable's Return.
The Moderator outlined procedures and conduct of the
Meeting.
ARTICLE 2 REPORTS OF COMMITTEES
8:19 p.m. Selectman Fenn reported that HATS is working
with Massport on the update of the GEIR and that Massport
had agreed to an extension on the comment period.
8:21 p.m. Selectman McSweeney stated that the budget was
still a work in progress and attempts were being made to
reduce amounts in order to balance the budget.
8:24 p.m. Selectman McSweeney moved that the report of
the Cary Lectures Committee be accepted and placed on
file and the Committee be discharged.
Dana Regillo of the Committee presented the report.
Following a unanimous voice vote at 8:27 p.m. , the
Moderator declared the report to have been accepted and
placed on file and the Committee discharged.
8:28 p.m. Joyce Miller, Conservation Commission, asked
members to complete the Open Space and Recreation Plan
Survey.
8:28 p.m. Jeffrey Young, Superintendent of Schools,
presented his report indicating ten forces which serve as
a focus and context for thinking about School Funding.
ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES
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.
8:40 p.m. Presented by Selectman McSweeney.
Following a voice vote at 8:40 p.m. , the Moderator
declared unanimous adoption of the motion.
21,1
(Annual Town Meeting, CONT. - APRIL 8, 1996 )
MOTION: That Articles 26, 27, 34, 39, 37 and 38 be taken
up in that sequence; provided, however, that if any of
these articles are not reached at this session, then they
shall be taken up in their numerical order.
8:41 p.m. Presented by Selectman McSweeney.
Following a voice vote at 8:41 p.m. , the Moderator
declared adoption of the motion.
ARTICLE 26 NOTICE OF INTENT FEES
•
MOTION: That the sum of $4,662 be appropriated to the
.Conservation Fund - Wetlands Interest Fees Passed -
Account for the purpose of administering the See below
Wetlands Protection Act, and to raise such
amount $4,662 be transferred from the Reserve
for Appropriation for Wetlands Protection Fund
account.
8:41 p.m. Presented by Joyce Miller, Conservation
Commission.
8:42 p.m. Elizabeth Eddison, Board of Selectmen, stated
approval of the Board.
8:42 p.m. Paul LaPointe, Appropriation Committee, stated
unanimous approval.
Following a voice vote at 8:43 p.m. , the Moderator
declared unanimous adoption of the motion.
ARTICLE 27 186 GROVE STREET EASEMENT
MOTION: That the Selectmen be and they hereby are
authorized to release to Ursula and Charles
Pike a fifty foot road access easement as Passed -
described in the article in exchange for a See below
fifteen foot walking easement as described in
the article and on such other terms as the
Selectmen may determine.
8:44 p.m. Presented by Joyce Miller, Conservation
Commission.
8:46 p.m. Elizabeth Eddison, Board of Selectmen, stated
unanimous approval.
8:46 p.m. John Davies, Planning Board, stated unanimous
approval.
Following a voice vote at 8:47 p.m. , the Moderator
declared unanimous adoption of the motion.
• I2
(Annual Town Meeting, CONT. - APRIL 8, 1996)
ARTICLE 34 USE OF DRIVEWAY ON PHILIP ROAD
MOTION: That the Selectmen be and they hereby are
• authorized to grant a permanent easement to
Anthony and Beatrice Busa to continue to use
the existing portion of their driveway located Passed -
at 18 Philip Road that extends onto Lot 42B See below
shown on Assessor's Property Map 15 for one
dollar and on such other terms as the
Selectmen may determine.
8:47 p.m. Presented by Selectman McSweeney.
Ephraim Weiss, P5, asked for the map which he had
previously requested. Town Engineer Frank Fields
displayed a map which Mr. Weiss deemed inadequate.
The Moderator called for a standing vote which was
tallied as follows:
Precinct Yes No Abstain
1 18 0
2 16 2
3 12 4
4 15 0 1
5 17 1 1
6 13 3
7 15 1
8 13 0
9 16 0
At large 19 0 1
Totals 154 11
8:54 p.m. The Moderator declared adoption of the motion.
ARTICLE 39 CITIZEN ARTICLE (MARION ANGOFF)
MOTION: That Town Meeting vote to urge the School Did not pass -
Department to review and reconsider Marion Angoff's See below
request.
8:54 p.m. Presented by Andrew Friedlich, P5.
The Moderator recognized Elizabeth Lape who spoke on Ms.
Angoff's behalf. Ms. Angoff presented her report.
Questions arose regarding jurisdiction of Town Meeting.
Town Counsel Norman Cohen stated that this had been in
litigation for a long period of time, that the article
did not provide for back pay with interest, and that it
is not within Town Meeting jurisdiction to direct the
School Committee to spend money in this manner.
There were further questions. Ms. Angoff read Article 39
from the Warrant.
Following a voice vote at 9: 14 p.m. , the Moderator
declared the motion not adopted.
203
(Annual Town Meeting, CONT. - APRIL 8, 1996)
ARTICLE 37 MUNICIPALIZATION OF UTILITIES
MOTION: That the Town Manager, with the approval of the
Board of Selectmen, be authorized to take all
necessary and appropriate action to establish
and to maintain, in accordance with the
provisions of Chapter 164 of the General Laws
as amended from time to time and in accordance
with rules, regulations and orders of the
Department of Public Utilities as implemented
from time to time, a municipal lighting and gas
plant and to acquire such property and/or such
rights to use or share in the use of property Passed -
owned by others as may be necessary, See below
appropriate or convenient for such municipal
lighting and gas plant to provide aggregated
retail electric and gas service by purchase and
re-sale to, or- as agent for, all or such part
of the persons and entities resident within the
limits of the Town of Lexington which do not
choose to take service from others, all in the
manner and subject to the conditions which the
Town Manager with the approval of the Board of
Selectmen may deem appropriate under the
circumstances and consistent with the rules,
regulations and orders of the Department of
Public Utilities.
9: 15 p.m. Presented by Selectman Eddison who stated
unanimous approval of the Board.
9:20 p.m. George Woodbury, DPW, presented information on
the motion and replied to questions. Mr. Woodbury stated
that the provisions of the law appeared to require two
votes from Town Meeting, that savings of 10-15% would be
anticipated, and hopefully there would not be costs
involving in pursuing minicipalization.
9:42 p.m. Paul LaPointe, Appropriation Committee, stated
approval of the Committee.
9:47 p.m. The Moderator called for a standing vote which
was tallied as follows:
Precinct Yes No Abstain
1 17 0
2 18 0
3 17 0
4 16 0
5 18 0
6 17 0
7 18 1
8 19 0
9 17 1
At large 21 0
Totals 178 2
9:52 p.m. The Moderator declared adoption of the motion.
(Annual Town Meeting, CONT. - APRIL 8, 19961
ARTICLE 38 NESWC AGREEMENT
MOTION: That the Selectmen are hereby authorized to
take such action as may be requested by the
North East Solid Waste Committee ("NESWC" ) to
implement the NESWC strategic plan as that plan
relates to the Town, in accordance with the
Memorandum of Understanding dated March 13,
1996 between NESWC and Massachusetts
Refusetech, Inc. ("MRI") , including without
limitation entering into an agreement with MRI Passed -
the provisions of which will (i) supplement or See below
replace provisions of the existing Service
Agreement between the Town and MRI, (ii) extend
the Service Agreement term to June 30, 2015 or
such other date as the Selectmen shall approve
and/or (iii) provide for a revised service fee
and such other terms and conditions as the
" Selectmen shall determine as necessary and in
the best interests of the Town.
9:52 p.m. Presented by Selectman McSweeney who indicated
Board approval.
9:54 p.m. George Woodbury, DPW, presented information
and responded to questions.
10:04 p.m. Paul LaPointe, Appropriation Committee, stated
approval.
Following a voice vote at 10: 13 p.m. , the Moderator
declared adoption of the motion.
10:13 p.m. Leo McSweeney, Chairman of the Board of
Selectmen, moved that the meeting be adjourned until
Wednesday, April 10, 1996, at 8:00 p.m. , in Cary Hall.
Following a voice vote at 10:13 p.m. , the Moderator
declared the meeting to be adjourned.
,7\5/,/
A true copy.
Attest:
Bernice H. Fallick, Town Clerk
2 1,5
ADJOURNED SESSION - 1996 ANNUAL TOWN MEETING
APRIL 10, 1996
The meeting was called to order by Moderator Margery M.
Battin, at 8 p.m. , in Cary Memorial Hall.
A quorum was present.
The Moderator included Lois Coit in her list of
acknowledgements for years of service.
ARTICLE 2 REPORTS
8:10 p.m. Marshall Derby presented an update of LexHAB
mentioning sites at Philip Road, Muzzey, Emerson Gardens,
Garfield Street, and Locke Village.
MOTION: That Articles 31, 33, 28 and 30 be taken up in
that sequence; provided, however, that if any of these
articles are not reached at this session, then they shall
be taken up in their numerical order.
8:10 p.m. Presented by Selectman McSweeney.
Following a voice vote at 8:10 p.m. , the Moderator
declared unanimous adoption of the motion.
ARTICLE 31 RS TO RD PELHAM ROAD (YOUVILLE PLACE)
That the Zoning By-Law of the Town of Lexington be
amended by changing the zoning district designation of
the land commonly known as the Grey Nuns property from
the RS, One Family Dwelling district to the RD, Planned
Residential Development district, said Property being 10 Passed -
Pelham Road and is located on the Westerly side of See p. 206
Massachusetts Avenue and Southerly side of Pelham Road.
The land to be rezoned consists of an approximately 12.1
acres site located in the RS, One Family Dwelling
district and bounded and described as follows:
Northeasterly by Massachusetts Avenue, 623.82 feet;
Southeasterly by land of the Scottish Rite Masonic
Library and Museum, Inc. , 560.74 feet; Southwesterly by
land of the Scottish Rite Masonic Library and Museum,
Inc. , 150.75 feet; Southeasterly by land of the Scottish
Rite Masonic Library and Museum, Inc. , 387.50 feet;
Southwesterly by land of the Congregation of Armenian
Catholic Sisters of the Immaculate Conception, Inc. ,
499.15 feet; and Northwesterly by Pelham Road, 1,051.24
feet, said property being more fully described in metes
and bounds by a plan of the land entitled "Map of Area to
be Rezoned", dated December 28, 1995 by Leonard Design
Associates, Arlington, Massachusetts, and by a written
metes and bounds description, copies of which are on file
with the Town Clerk.
The land in the RD, Planned Residential District,
district shall be subject to the preliminary site
development and use plan originally filed on January 16,
1996, and revised and resubmitted on April 3, 1996, which
has been filed with the Planning Board and the Town
Clerk.
8: 10 p.m. Presented by Ruth Thomas, Precinct 4.
8:13 p.m. The Moderator recognized Sister June Ketterer
for the plan presentation.
206
(ADJOURNED SESSION, A.T.M. , CONT. - APRIL 10, 1996)
8:23 p.m. Jacqueline Davison, Planning Board, moved that
the report of the Planning Board on Article 31 be
accepted and placed on file. Following a voice vote at
8:24 p.m. , the Moderator declared the report to have been
accepted and placed on file. Mrs. Davison stated that
the Planning Board enthusiastically endorses Article 31.
8:26 p.m. Selectmen McSweeney stated Board approval.
8:27 p.m. Joyce Miller, Conservation Commission, stated
unanimous support.
•
8:29 p.m. Clark Cowen, Council on Aging, endorsed the
article and asked for a commitment that the COA would be
asked to participate in resident selection.
Sister Ketterer responded to questions.
8:51 p.m. John Hayward, P5, moved the previous question.
Following a voice vote at 8:51 p.m. , the Moderator
declared the motion on Article 31 to be before the
Meeting.
Following a voice vote at 8:52 p.m. , the Moderator
declared unanimous adoption of the motion.
ARTICLE 33 CS to RS, Marrett Road (Butler)
MOTION: That the Zoning By-Law of the Town of Lexington
be amended by changing the zoning district designation of
the land commonly known as the Lawless Motors property
from CS, Service Business to RS, One Family Dwelling,
said Property being 577-581 Marrett Road (Rt. 2A) next to See p. 265
the Shell Gas Station near the intersection of Lincoln
Street & Marrett Road.
The land to be rezoned consists of an approximately 1.62
+/- acre site located in the CS, Service Business
district and bounded and described as follows: Northerly,
by land N/F of the Kieran J. Lowry Trust, Northerly again
by lands of said Lowry Trust, McMenimem, Grossi, and
Timberlake, Easterly by land of Cheeny, Easterly again by
land of the Town of Lexington, Southerly by Lands of
Butler Realty Trust Two and Osgood, Westerly by Marrett
Road, and Westerly again by Marrett Road said property
being more fully described in metes and bounds by a plan
of the land dated February 8, 1996 by Noonan & McDowell,
Inc. , Billerica, MA, and by a written metes and bounds
description, copies of which are on file with the Town
Clerk.
8:53 p.m. Presented by Donald Chisholm
The Moderator recognized Jill and Joseph Butler for
presentation of the history of the parcel.
9:07 p.m. Richard Canale, Planning Board, moved that the
report of the committee be accepted and placed on file.
Following a voice vote at 9:07 p.m. , the Moderator
declared the TepurL ,(;) have been accepted and placed on
file
247
(ADJOURNED SESSION, A.T.M. , CONT. - APRIL 10, 1996)
Mr. Canale stated that if the zoning designation were to
change that regular subdivision submittal process would
be invoked. He stated that the Planning Board
unanimously recommended approval of the change from CS to
RS.
There was discussion as to access to the abutting
Conservation land, the cost to the town especially
potential schooling, and the loss of business area and
taxes.
The Moderator called for a standing vote which was
tallied as follows:
Precinct Yes No Abstain
1 6 10
2 5 11
3 7 8
4 8 8
5 14 7
6 6 10
7 6 13
8 10 7
9 15 3
At large 15 2
Totals 92 79
9:36 p.m. The Moderator declared the motion not adopted
since it lacked the necessary two-thirds favorable vote.
9:36 p.m. Donald Chisholm served Notice
of Reconsideration on Article 33.
ARTICLE 28 ZONING BY-LAW, LIVING FACILITIES FOR SENIORS
9:36 p.m. Jacqueline Davison, Planning Board, moved that
the report of the committee be accepted and placed on
file.
Following a voice vote at 9:36 p.m. , the Moderator
declared the report to have been accepted and placed on
file.
MOTION: That the Zoning By-Laws of the Town be amended Passed -
as set forth in the motion attached to the report of the See p. 210
Planning Board on this article.
MOTION
That the Zoning By-Law be amended as follows:
A. In Section 2. Definitions, by deleting the
following existing definitions: CONGREGATE LIVING
FACILITY, LONG-TERM CARE FACILITY, AND NURSING HOME
by inserting new definitions after the definition of
LIGHT MANUFACTURING, as follows:
"LIVING FACILITIES FOR SENIORS
ASSISTED LIVING RESIDENCE: A non-institutional
facility as defined by MGL Chapter 19D, providing room
and board, which provides assistance with activities
(ADJOURNED SESSIONi A.T.M. , CONT. - APRIL 10, 1991
of daily living and personal care services for three
or more non-related adults. See Subsection 5.6.1.
ASSISTED LIVING UNIT: One or more rooms in an
Assisted Living Residence designed for and occupied by
one or two individuals. See Subsection 5.6.1.
CONGREGATE LIVING FACILITY: A non-institutional,
shared living environment which integrates shelter and
service needs of functionally impaired and/or socially
isolated older persons who are otherwise in good
health and can maintain a semi-independent life style
and who do not require constant supervision or
intensive health care as provided by an institution.
See Subsection 5.6.1.
CONTINUING CARE RETIREMENT COMMUNITY: Includes
combinations of independent living residence,
congregate living facility, assisted living residence,
and long-term care facility within a single facility
or on'the same tract, offering lifetime housing and a
variety of health care, social, and recreational
services. See Subsection 5.6.1.
CONVALESCENT HOME: Same as "LONG TERM CARE FACILITY"
EXTENDED CARE FACILITY: Same as "LONG TERM CARE
FACILITY"
INDEPENDENT LIVING RESIDENCE: A dwelling that
provides accommodations in dwelling units for elderly
persons These residences may include common areas, a
common dining facility and space for the provision of
social, psychological, and educational programs. See
Subsection 5.6.1.
INTERMEDIATE CARE FACILITY: Same as "LONG TERM CARE
FACILITY"
LONG-TERM CARE FACILITY: An institution or distinct
part of an institution which is licensed by the
Massachusetts Department of Public Health to provide
24-hour care under medical supervision to individuals
who, by reason of advanced age, chronic illness, or
infirmity, are unable to care for themselves. See
Subsection 5.6.1.
and by inserting the following terms in the proper
alphabetical sequence:
ASSISTED LIVING RESIDENCE: see "LIVING FACILITIES FOR
SENIORS"
CMR: Code of Massachusetts Regulations - Regulations
promulgated by agencies of the Commonwealth of
Massachusetts
MGL. : Massachusetts General Laws
NURSING HOME: Same as "LONG TERM CARE FACILITY"
REST HOME: Same as "LONG TERM CARE FACILITY"
SENIOR CITIZEN: Same as "ELDERLY"
SKILLED NURSING FACILITY: Same as "LONG TERM CARE
FACILITY"
B. In Section 5, Supplementary Use Regulation,
Residential Uses, by renumt,ering the existing
Subsections 5.6 and 5.7 and all Gross references
thereto to be 5.7 and 5.8 respectively, and by
adding a new Subsection 5.6, as follows:
2
(ADJOURNED SESSION, A.T.M. , CONT. - APRIL 10, 1996)
"5.6 LIVING FACILITIES FOR SENIORS
5.6.1 Types and Characteristics of Living Facilities
for Seniors:
a. Assisted Living Residence: Assisted Living
Residences are for frail elders who do not
require 24 hour skilled nursing care. Assisted
Living Residences provide only single or
double Assisted Living Units.
The operator of an Assisted Living Facility
may also provide optional services on the
site, including but not limited to: local
transportation; barber/beauty services,
.sundries for personal consumption and other
amenities.
b. Assisted Living Unit: One or more rooms in an
Assisted Living Residence designed for and
occupied by one or two individuals per bedroom
as the private living quarters of such
individuals.
c. Congregate Living Facility: Each resident in
a Congregate Living Facility has his/her own
bedroom and may have a separate living room,
kitchen, dining area, or bathroom, and may
share dining, leisure, and other service
facilities in common with other older persons,
such as in a common dining facility.
d. Continuing Care Retirement Community:
Continuing Care Retirement Communities may
include various types of living facilities for
seniors within which residents can stay as
their service and health care needs change.
e. Independent Living Residence: In addition to
separate dwelling units for elderly persons,
an Independent Living Residence may include
common areas and the provision of meals and
social, psychological, and educational
programs.
f. Long-term Care Facility: Long Term Care
Facilities provide assistance with Activities
of Daily Living as defined by 651 CMR 12.02,
as well as skilled nursing and medical care by
a skilled nursing staff. "
C. In Subparagraph 11.3.1 1) e. by deleting the
existing line and by substituting the following:
"Congregate Living Facility,
Independent Living Residence .75 for each
bedroom"
D. In Subparagraph 11 .3. 1 1 ) f. by deleting the
existing line and by substituting the following:
"Assisted living residence, group care facility,
long-term care facility .4 per living unit"
E. In Subparagraph 9.2.10 EQUIVALENT DENSITY,
RESIDENTIAL ACCOMMODATIONS NOT IN DWELLING UNITS,
in the last line of the existing sentence by
deleting the words "or congregate living facility"
after the words "group care facility" and by
substituting the following:
", congregate living facility, or assisted living
residence" so that the sentence, as amended will
read: "1 ,200 square feet of gross floor area in
group quarters, a group care facility, congregate
living facility, or assisted living residence"
4210
(ADJOURNED SESSION, A.T.M. , CONT. - APRIL 10, 199_5_1
F. In Section 4.2, TABLE 1, PERMITTED USES AND
DEVELOPMENT STANDARDS, Line 1.186, by adding " ,
assisted living residence, independent living
residence" so that the line, as amended will read:
"Group care facility, congregate living facility,
long term care facility, assisted living residence,
independent living residence"
Mrs. Davison explained that this was a technical
amendment.
9:49 p.m. Ephraim Weiss, P5, made the following motion:
that the words "(as of April 10, 1996)" be inserted
after the words "MGL Chapter 19D" and after the
words "651 CMR 12.02"
Following a voice vote at 9:52 p.m. , the Moderator
declared the amendment aade by Mr. Weiss not adopted.
Discussion continued.
Following a voice vote at 9:54 p.m. , the Moderator
declared unanimous adoption of the motion offered by Mrs.
Davison.
ARTICLE 30 ZONING BY-LAW, FRONTAGE REDUCTION
9:54 p.m. John Davies, Planning Board, moved that the
report of the committee be accepted and placed on file.
Following a voice vote at 9:54 p.m. , the Moderator
declared the report to have been accepted and placed on
file.
MOTION: That the Zoning By-Laws of the Town be amended Passed -
as set forth in the motion attached to the report of the See p. 212
Planning Board on this article.
ARTICLE BRONTAGE REDUCTION, LOTS IN A SMALL SUBDIVISION
That the Zoning By-Law be amended as follows:
In subsection 7.4.5, FRONTAGE REDUCTION, LOTS IN A SMALL
SUBDIVISION, :
1) in the first line by striking out the word "sixty"
and inserting in place thereof the word "fifty" so
gf
that the line, as amended, will read:
reducing the minimum lot frontage to not less than
fifty percent of that otherwise required by Table 2
2) in subparagraph 1:
in the first line by adding the words "of its
approval" after the words ". . . on the basis . . . so
that the line as amended will read "finds, on the
basis of its approval of either" and
in subparagraph 1 a. :
by striking out the words "its approval of" and by
inserting the words -a skeLeb plan or so that the
subparagraph, as amended, will read:
"a. a sketch plan or a preliminary site
development plan, as defined in the
Development Regulations, that a conventional
subdivision could be laid out on the tract,
211
(ADJOURNED SESSION, A.T.M. , CONT. - APRIL 10, 1996)
that complies with all applicable requirements
of this By-Law and the Development
Regulations; or,";
3) by adding a new paragraph at the end of subsection
7.4.5, as follows:
"In granting such special permit, the Planning
Board may include conditions on the minimum yard
setback, and the size and location of dwellings
within the subdivision." ;
4) by adding another new paragraph at the end of
subsection 7.4.5, as follows:
"In granting such special permit, the Planning
Board may also act as the special permit granting
authority and grant a special permit to allow a
driveway to serve two lots as provided in
subparagraph 11.8.c.";
5) in subparagraph 11.8.c. , that deals with the
location of driveways, in the second sentence, by
striking out the words: " . . . planned residential
• development . . ." and by inserting in place thereof
the word: " . . . subdivision . . ." and after the
words ". . . special permit with site plan review
(SPS) . . ." by adding the words: ". . . . or a special
permit, as provided in subsection 7.4.5, Frontage
Reduction, Lots in a Small Subdivision . . . .
so
that the sentence, as amended, will read:
"Where the driveway is located in a
subdivision for which a special permit with
site plan review (SPS) or a special permit, as
provided in subsection 7.4.5, Frontage
Reduction, Lots in a Small Subdivision, is
required and the Planning Board is the SPGA,
the Planning Board may grant the special
permit for the driveway location."
Mr. Davies offered the following amendment:
That the motion be amended in part 3)
by striking out the word"on" in the first line and
by inserting in place thereof the words "that
increase" so that the clause as amended will read
. . .the Planning Board may include conditions
that increase the minimum yard setback, . . ."
and by adding the word "on" between "and" and "the
size"
There were questions and responses.
Following a voice vote at 10:09 p.m. , the Moderator
declared unanimous adoption of the amendment.
212
(ADJOURNED SESSION, A.T.M., CONT. - APRIL 10, 1996)
The Moderator called for a standing vote on the motion as
amended which was tallied as follows:
Precinct Yes No Abstain
1 13 0
2 15 0
3 12 1
4 15 0
5 18 2 1
6 7 6
7 12 4
8 17 1
9 15 0
At large 17 0
Totals 141 14
10:20 p.m. The Moderator declared passage of the motion
as amended.
10:21 p.m. Leo McSweeney, Chairman of the Board of
Selectmen, moved that the meeting be adjourned until
Monday, April 22, 1996, at 8:00 p.m. , in Cary Hall.
Following a voice vote at 10:21 p.m. , the Moderator
declared the meeting to be adjourned.
A true copy.
Attest:
Bernice H. Fallick, Town Clerk
13
•
ADJOURNED SESSION - 1996 ANNUAL TOWN MEETING
APRIL 22, 1996
The meeting was called to order by Moderator Margery M.
Battin, at 8 p.m. , in Cary Memorial Hall.
A quorum was present.
ARTICLE '2 REPORTS
8:10 p.m. Chairman of the Board of Selectmen, Leo
McSweeney, presented a budget update with reductions in
the School, Transportation, Library, and Council on Aging
requests. Article 5 requests will significantly effect
Free Cash and Article 5 will be taken up out of order as
the first article on April 24.
8: 12 p.m. Paul Hamburger, Long Range Planning Committee,
moved that the report of the committee be accepted and
placed on file.
Following a voice vote at 8: 12 p.m. , the Moderator
declared the report to have been accepted and placed on
file. Mr. Hamburger presented the information.
8:26 p.m. Karen Dooks, Capital Expenditures Committee,
moved that the report of the committee be accepted and
placed on file.
• Following a voice vote at 8:26 p.m. , the Moderator
declared the report to have been accepted and placed on
file. Mrs. Dooks commented.
8:34 p.m. Donald Chisholm, Recreation Committee, moved
that the report of the committee be accepted and placed
on file.
Following a voice vote at 8:34 p.m. , the Moderator
declared the report to have been accepted and placed on
file. Mr. Chisholm presented the report.
8:41 p.m. Mr. McSweeney moved that Articles 6, 7, 8, 9,
10, 11 , 13, 19, 20 be taken up in that sequence. Adopted
Following a voice vote at 8:41 p.m. , the Moderator
declared unanimous adoption of the motion.
ARTICLE 6 PRIOR YEARS' UNPAID BILLS
MOTION: That this article be indefinitely postponed. IPP
8:41 p.m. Presented by Selectman McSweeney.
Following a voice vote at 8:41 p.m. , the Moderator
declared unanimous adoption of the motion to indefinitely
postpone.
ARTICLE 7 SUPPLEMENTARY APPROPRIATIONS FOR AUTHORIZED
CAPITAL IMPROVEMENT PROJECTS
MOTION: That this article be indefinitely postponed. IPP
8:43 p.m. Presented by Selectman McSweeney.
Following a voice vote at 8:43 p.m. , the Moderator
• declared unanimous adoption of the motion to indefinitely
postpone.
214
(ADJOURNED SESSION, A.T.M. , CONT. - APRIL 22, 1996)
ARTICLE 8 WATER MAINS
MOTION: That the Selectmen be and they hereby are
authorized to install new or replacement water
mains and line and reline water mains in such
accepted or unaccepted streets or other land
Adopted as the Selectmen may determine, subject to the
assessment of betterments or otherwise, and to
take by eminent domain, purchase or otherwise
acquire any fee, easement or other interest in
land necessary therefor; to appropriate
$280,000 for such installation and lining and
land acquisition; and to raise such amount
$280,000 be transferred from the Water
Enterprise Fund; and to authorize the
Selectmen to apply for, accept, expend and
borrow in anticipation of federal and state
aid for such water projects.
8:44 p.m. Presented by Selectman Busa who statedunanimous
support of the Board.
8:46 p.m. David Miller, Capital Expenditures Committee,
stated unanimous approval.
8:46 p.m. Paul Lapointe, Appropriation Committee, stated
unanimous approval.
Following a voice vote •at 8:48 p.m. , the Moderator
declared unanimous adoption of the motion.
8:48 p.m. Notice of Reconsideration on Article 8 was
served by Karen Dooks,
ARTICLE 9 SANITARY SEWERS
MOTION: That the Selectmen be and they hereby are
authorized to install sewer mains and sewerage
systems in such accepted or unaccepted streets
or other land as the Selectmen may determine,
subject to the assessment of betterments or
otherwise, in accordance with Chapter 504 of
Adopted the Acts of 1897, and acts in addition thereto
and amendment thereof, or otherwise, and to
take by eminent domain, purchase or otherwise
acquire any fee, easement or other interest in
land necessary therefor; to appropriate for
such installation and land acquisition the sum
of $560,000 and to raise such amount $560,000
be transferred from the Sewer Enterprise Fund;
and to authorize the Selectmen to apply for,
accept, expend and borrow in anticipation of
federal and state aid for such sewer projects.
8:49 p.m. Presented by Selectman Busa.
8:51 p.m. David Miller, Capita] Expenditures Committee,
stated unmimous support.
8:52 p.m. 'nu] Lapointe, Appropriation Committee, stated
unanimous support.
Following a voice vote at 8:53 p.m. , the Moderator
declared adoption of the motion.
215
(ADJOURNED SESSION, A.T.M. , CONT. - APRIL 22, 1996 )
8:55 p.m. Notice of Reconsideration on Article 9 was
served by Karen Dooks.
ARTICLE 10 STREET RELATED IMPROVEMENTS
MOTION: That the Treasurer with the approval of the
Selectmen be authorized to issue Highway
Reimbursement Notes of the Town under G.L.
c,44, sec. 6, as amended, in anticipation of
reimbursement by the Commonwealth for highway Adopted
reconstruction and improvements, including the
_ construction of a fuel depot, 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, and
that the Selectmen are authorized to accept
highway funds from all sources including the
$400,000 allocated under Chapter 85 of the
Acts of 1994 which are hereby appropriated for
such highway purposes.
8:54 p.m. Presented by Selectman Fenn who indicated
unanimous support of the Board.
9:03 p.m. David Miller, Capital Expenditures Committee,
stated unanimous approval.
9:04 p.m. Paul Lapointe, Appropriation Committee, stated
endorsement.
George Woodbury, DPW, responded to questions.
Following a voice vote at 9:17 p.m. , the Moderator
declared adoption of the motion.
9:17 p.m. Notice of Reconsideration on Article 10 was
served by Karen Dooks.
ARTICLE 11 PUBLIC WORKS EQUIPMENT
MOTION: That the sum of $105,000 be appropriated for
the purchase by or with the approval of the
Selectmen of equipment for the Department of
Public Works; and that to meet the Adopted
appropriation $45,000 shall be transferred
from the Water Enterprise Fund, $45,000 shall
be transferred from the Sewer Enterprise Fund,
and $15,000 shall be transferred from the
Recreation Enterprise Fund.
9: 18 p.m. Presented by Selectman Fenn who stated that
the amount was not sufficient for vehicle replacement but
stated unanimous Board support for the motion.
9:25 p.m. David Miller, Capital Expenditures Committee,
stated support.
9:26 p.m. Paul Lapointe, Appropriation Committee, stated
support.
Following a voice vote at 9:32 p.m. , the Moderator
declared adoption of the motion.
21
(ADJOURNED SESSION, A.T.M. , CONT. - APRIL 22, 1996)
9:32 p.m. Notice of Reconsideration on Article 11 was
served by Karen Dooks.
ARTICLE 13 PHASE II - I & I PROGRAM
MOTION: That the sum of $600,000 be appropriated to
remove infiltration of ground water from the
sewer system; that to meet this appropriation
the Treasurer with the approval of the
Selectmen is authorized to borrow $600,000
under G.L. c.44,§7; and that the Treasurer
Adopted with the approval of the Selectmen is
authorized to borrow all or a portion of such
amount from the Massachusetts Water Resources
Authority ("MWRA") and in connection therewith
to enter into a loan agreement and/or security
agreement with the MWRA with respect to such
loan.
9:33 p.m. Presented by Selectman McSweeney who stated
unanimous support of the Board.
9:36 p.m. David Miller, Capital Expenditures Committee,
recommended adoption.
9:37 p.m. Paul Lapointe, Appropriation Committee, stated
endorsement.
Following a voice vote at 9:45 p.m. , the Moderator
declared unanimous adoption of the motion.
9:45 p.m. Notice of Reconsideration on Article 13 was
served by Karen Dooks.
ARTICLE 19 PINE MEADOWS GOLF COURSE IMPROVEMENTS
MOTION: That the sum of $150,000 be appropriated to
make improvements in the Pine Meadows Golf
Course as determined by the Recreation
Committee with the approval of the Board of
Adopted - Selectmen, and to raise such amount $150,000
be transferred from the Recreation Enterprise
See p. 217
Fund.
9:45 p.m. Presented by Paul Keane, Recreation Committee.
Frederick DeAngelis outlined the improvements.
9:52 p.m. Leo McSweeney indicated unanimous approval of
the Board of Selectmen.
9:52 p.m. Nicholas Cannalonga indicated unanimous
approval of the Capital Expenditures Committee.
9:53 p.m. Paul Lapointe stated the endorsement of the
Appropriations Committee.
Following a voice vote at. 10:08 p.m. which was in doubt,
the Moderator called for a standing vote which was
tallied as follows:
217
(ADJOURNED SESSION, A.T.M. , CONT. - APRIL 22, 199fil
Precinct Yes No Abstain
1 7 11
2 9 8
- 3 7 11
4 13 3
5 8 9
6 5 8
7 7 9
8 10 8
9 .6 12
At large 15 3
Totals 87 82
10:12 p.m. The Moderator declared adoption of the
motion.
10:12 p.m. Notice of Reconsideration on Article 19 was,
served by Karen Dooks.
ARTICLE 20 PLAYGROUNDS AND BALL FIELDS
IMPROVEMENTS
MOTION: That the sum of $50,000 be appropriated to make
improvements at selected playgrounds and ball
fields as determined by the Recreation
Committee with the approval of the Board of
Selectmen, and to raise such amount $50,000 be
Adopted
transferred from the Recreation Enterprise
Fund.
10: 16 p.m. Presented by Paul Keane, Recreation
Committee.
10:16 p.m. Leo McSweeney indicated unanimous approval
of the Board of Selectmen.
10:16 p.m. Nicholas Cannalonga indicated unanimous
approval of the Capital Expenditures Committee.
10:17 p.m. Paul Lapointe stated the unanimous approval
of the Appropriations Committee.
10:30 p.m. Jonathan Lederman, P7, called the question.
Following a voice vote at 1000 p.m. as to whether the
question should be put, the Moderator declared the motion
offered by Mr. Keane to be before the meeting.
Following a voice vote at 10:31 p.m. , the Moderator
declared adoption of the motion offered by Mr. Keane.
10:31 p.m. Notice of Reconsideration on Article 20 was
served by Karen Dooks.
10:32 p.m. Leo McSweeney, Chairman of the Board of
Selectmen, moved that the meeting be adjourned until
Wednesday, April 24, 1996, at 8:00 p.m. , in Cary Hall.
Following a voice vote at 10:32 p.m. , the Moderator
declared the meeting to be adjourned.
A true copy.
Attest:
Bernice H. Fallick, Town Clerk
' .. a 1',. .il. ,..s-.:.;'_• ,-..>., .,. .. ry.z I )..../.1... ,>.._..Y.Y.f_..1F .a.t, .
I
. 218
ADJOURNED SESSION - 1996 ANNUAL TOWN MEETING
APRIL 24, 1996
The meeting was called to order by Moderator Margery M.
Battin, at 8 p.m. , in Cary Memorial Hall.
A quorum was present.
8:10 p.m. Representative Jay Kaufman introduced the
National Merit Finalists from Lexington High School.
8:16 p.m. Nyles Barnert lauded outstanding Minuteman
Tech student Peter Saradjian.
8:17 p.m. The Moderator outlined the schedule and rules
for debate, alerting the Meeting to her intent to declare
a formal recess during Article 5.
ARTICLE 2 REPORTS
8:22 p.m. Frederick Merrill, Planning Board, noted the
handout of the new report on Article 29.
8:23 p.m. Joseph Dini, School Committee, spoke on
amending upward the 1100 line item at the time of the
Article.
8:25 p.m. Leo McSweeney, Board of Selectmen, moved that
the report of the Town Manager be accepted and placed on
file.
Following a voice vote at 8:25 p.m. , the Moderator
declared the report to have been accepted and placed on
file. Town Manager Richard White presented his report.
8:45 p.m. Paul Lapointe, Appropriation Committee, moved
that the report of the committee be accepted and placed
on file.
Following a voice vote at 8:46 p.m. , the Moderator
declared the report to have been accepted and placed on
file.
Mr. Lapointe commented on the fiscal decisions to be
made, stating the cumulative gap for FY 97-20001 to be
20. 7 million, and that decisions made this year flow
through to succeeding years.
9:15 p.m. Leo McSweeney, Board of Selectmen, moved that
Article 5 be taken up at this time.
Following a voice vote at 9:15 p.m. , the Moderator
declared unanimous adoption of the motion.
ARTICLE 5 SUPPLEMENTARY APPROPRIATIONS FOR CURRENT
FISCAL YEAR (FY96)
MOTION: That the following sums be appropriated to the
following line items of the current fiscal
year's budget:
$600,000 to Line Item 3000 DPW Expenses
$456,000 to Line Item 1100 Lexington
Public Schools
$9,900 to Line Item 6100 Council on Aging
Expenses
$4,500 to Line Item 5300 Public
Celebrations
and that such amounts be transferred from the
Unreserved Fund Balance.
(ADJOURNED SESSION, A.T.M. , CONT. - APRIL 24, 1996)
9:15 p.m. Presented by Selectman McSweeney.
9:21 p.m. Joseph Dini, School Committee, explained the
school item.
9:26 p.111. Paul Lapointe, Appropriation Committee, stated
a 5-2 vote on the first School item for $250,000; 7-0
vote on the DPW for $300,000; 7-0 vote on the $9,900; 4-
3 vote on the $4,500; 6-0, 1 abstaining, not to fund the
School 3 for 1. He discussed the need for policy and
process.
9:30 p.m. The Moderator declared a formal recess for the
purpose of discussing fiscal policy.
10:55 p.m. The Moderator called the Meeting back to
order.
10:55 p.m. Leo McSweeney, Chairman of the Board of
Selectmen, moved that the meeting be adjourned until
Monday, April 29, 1996, at 8:00 p.m. , in Cary Hall.
Following a voice vote at 10:55 p.m. , the Moderator
declared the meeting to be adjourned.
A true copy.
Attest:
Bernice H. Fallick, Town Clerk
ADJOURNED SESSION - 1996 ANNUAL TOWN MEETING
APRIL 29, 1996
The meeting was called to order by Moderator Margery M.
Battin, at 8 p.m. , in Cary Memorial Hall.
A quorum was present.
Selectman McSweeney urged all to attend LexFest on May 4.
ARTICLE 5 SUPPLEMENTARY APPROPRIATIONS FOR CURRENT
FISCAL YEAR (FY96)
MOTION: That the following sums be appropriated to the
following line items of the current fiscal
year's budget:
$600,000 to Line Item 3000 DPW Expenses
Adopted $456,000 to Line Item 1100 Lexington
Public Schools
as amended $9,900 to Line Item 6100 Council on Aging
See p. 221 Expenses
$4,500 to Line Item 5300 Public
Celebrations
and that such amounts be transferred from the
Unreserved Fund Balance.
8:11 p.m. The Moderator read the following:
$600,000 to Line Item 3000 DPW Expenses
8:12 p.m. Paul Lapointe, Appropriation Committee, made
the following motion:
that Line item 3000 DPW Expenses be reduced from
$600,00 to $300,000
8: 14 p.m. Selectman Dailey stated that the Board of
Selectmen was unanimously opposed as next year will be
worse. This money has already been spent.
Following a voice vote at 8:26 p.m. , the Moderator
declared the motion offered by Mr. Lapointe to reduce
Line item 3000 DPW expenses not to have passed.
8:26 p.m. Susan Peltz, School Committee, spoke on Line
item 1100 Lexington Public Schools.
8:32 p.m. Paul Lapointe, Appropriation Committee, made
the following motion:
that Line item 1100 Lexington Public Schools be
reduced from $456,000 to $250,000
8:33 p.m. Selectman Dailey stated opposition to the
motion made by Mr. Lapointe.
There was further discussion.
8:48 p.m. Ephraim Weiss, P5, moved for a half-hour
recess. Following a voice vote at 8:48 p.m. , the
Moderator declared the motion not to have passed.
Following a voice vote at 8:54 p.m. , the Moderator
declared the motion offered by Mr. Lapointe to reduce
Line item 1100 Lexington Public Schools not to have
passed.
8:55 p.m. Susan Pelts, School Committee, made the
following motion:
221
(ADJOURNED SESSION, A.T.M., CONT. - APRIL 29, 1996)
that the School Committee portion of Article 5 be
amended by changing the figure $456,000 to $288,000.
8:55 p.m. Selectman Dailey stated that the Board of
Selectmen did not want this in the School Budget.
9:00 p.m. Mr. Lapointe stated Appropriation Committee
opposition.
Following a voice vote at 9:06 p.m. , the Moderator
declared the motion made by Mrs. Peitz to have been
adopted.
Following a voice vote at 9:09 p.m. , the Moderator
declared unanimous adoption of the motion as amended.
ADOPTED MOTION: That the following sums be
appropriated to the following line
items of the current fiscal year's
budget:
$600,000 to Line Item 3000 DPW Expenses
$288,000 to Line Item 1100 Lexington
Public Schools
$9,900 to Line Item 6100 Council on Aging
Expenses
$4,500 to Line Item 5300 Public
Celebrations
and that such amounts be transferred from the
Unreserved Fund Balance.
9:10 p.m. Notice of Reconsideration on Article 5 was
served by Paul Lapointe.
ARTICLE 4 OPERATING BUDGET
MOTION: That the following amounts be appropriated for
the ensuing fiscal year and be raised in the
Adopted tax levy except where a transfer is indicated
as amendedthey shall be provided by such a transfer.
See p. 232
9:09 p.m. Presented by Selectman McSweeney.
9:10 p.m. Mr. Lapointe gave the latest report for the
Appropriation Committee.
9:22 p.m. The Moderator read the following:
Education
1100 Lexington Public Schools $39,756,213
(And further that the School Department is
authorized to enter into equipment
lease/purchase agreements from time to time
provided that each such agreement is subject
to annual appropriations. )
9:24 p.m. Mrs. Peitz commented for the School Committee.
9:29 p.m. Dr. Young continued.
9:54 p.m. The Moderator declared a recess to ,allow the
Appropriation Committee to caucus.
10:16 p.m. The Moderator called the Meeting to order.
222
(ADJOURNED SESSION, A.T.M. , CONT. - APRIL 29, 1996)
10:16 p.m. Mr. Dailey commented for the Board of
Selectmen.
10:21 p.m. Mary Neumeier, School Committee, made the
following motion:
that line item 1100 be amended by replacing the sum
$39,756,213 with $39,921,213.
10:21 p.m. Mr. Lapointe stated that the Appropriation
Committee would not oppose the motion.
Following .a voice vote at 10:21 p.m. , the Moderator
declared unanimous passage of the motion made by Mrs.
Neumeier.
10:21 p.m. Leo McSweeney, Chairman of the Board of
Selectmen, moved that the meeting be adjourned until
Wednesday, May 1, 1996, at 8:00 p.m. , in Cary Hall.
Following a voice vote at 10:21 p.m. , the Moderator
declared the meeting to be adjourned.
A true copy. /:-/-7
Attest:
Bernice H. Fallick, Town Clerk
3
ADJOURNED SESSION - 1996 ANNUAL TOWN MEETING
MAY 1, 1996
The meeting was called to order by Moderator Margery M.
Battin, at 8 p.m. , in Cary Memorial Hall.
A quorum was present.
ARTICLE 2 REPORTS
8:09 p.m. Town Manager Richard White stated that the
budget was out of balance and proffered several solutions
which the Board of Selectmen were considering.
8:11 p.m. Nyles Barnert reported for Minuteman School.
ARTICLE 4 OPERATING BUDGET •
8:16 p.m. The Moderator continued the reading of Article
4:
1200 Minuteman Regional School 432,919
8:17 p.m. Nyles Barnert presented information.
8:29 p.m. Paul Lapointe, Appropriation Committee, made
the following motion:
that Line Item 1200 Minuteman Regional School be
amended from $432,919 to $424,087, a reduction of
$8,832.
8:42 p.m. Selectman McSweeney stated unanimous Board
opposition to the amendment.
8:47 p.m. Superintendent Fitzgerald presented details
for Minuteman.
There was continued discussion and questions.
Following a voice vote at 9:00 p.m. , the Moderator
declared passage of the amendment. Sufficient members
stood to doubt the vote.
The Moderator called for a standing vote which was
tallied as follows:
Precinct Yes No Abstain
1 11 5
2 10 7
3 9 7
4 11 4
5 11 9
6 13 5
7 11 5
8 6 10
9 10 3
At large 12 7
Totals 104 62
9:03 p.m. The Moderator declared the adoption of the
amendment, ( Line Item 1200 Minuteman Regional School
$424,087)
1200 Minuteman Regional School - Lexington Middle
School Technical Literacy Program 48,328
- .. - -r- I. .. ",-•rF .Lisn. iu.,.'.ice.. ,,5.ie'.> i . ,gun ., ,. . . .
224
(ADJOURNED SESSION, A.T.M., CONT. - MAY 1, 19% )
9:04 p.m. Nyles Barnert presented information.
9:05 p.m. Paul Lapointe, Appropriation Committee, stated
support, as did Dr. Young for the Lexington Public
Schools.
9:08 p.m. Selectman McSweeney moved that line items
5400, 6100, 5100 be brought up at this time.
The Moderator read the following:
5400 Transportation Personal Services 0
5400 Transportation Expenses 64,595
9:10 p.m. Mr. Lapointe stated that the Appropriation
Committee unanimously opposed the position of the Board
of Selectmen on these articles.
Mr. Lapointe made the following motion:
that Line Item 5400 Transportation Personal
Services be amended from $0 to
$50,137, an increase of $50,137, and
Line Item 5400 Transportation Expenses
be amended from $64,595 to $179,458,
an increase of $114,863, thus
increasing these line items by
$165,000 to restore the Lexpress
service.
9:13 p.m. Sara Arnold, Transportation Committee,
presented information.
9:18 p.m. Selectman Dailey stated the majority of the
Board were not in favor of restoring Lexpress.
Discussion continued with Selectmen Eddison and Fenn
declaring support of Lexpress.
9:39 p.m. Richard Canale stated support of the Planning
Board for the amendment.
Following a voice vote at 9:41 p.m. , the Moderator
declared the adoption of the amendment and restoration of
Lexpress.
9:42 p.m. The Moderator read the following:
6100 Council on Aging Personal Services 155,012
(Of which $16,513 is to be transferred from the
Recreation Enterprise Fund. )
6100 Council on Aging Expenses 131 ,032
9:43 p.m. Clark Cowen, Chairman of the Council on Aging,
reported.
9:46 p.m. Paul Lapointe, Appropriation Committee, made
the following motion:
Line Item 6100 Council on Aging Expenses be
amended from $131,032 to $167,032, an
increase of $36,000, to support a
satellite seillor thly care center
9:47 p.m. Selectman Dailey stated Board opposition.
10:02 p.m. Jonathan Lederman, P7, moved the question.
225
(ADJOURNED SESSION, A.T.M. , CONT. - MAY 1, 1995
Following a voice vote as to whether the question should
be put, the Moderator declared the amendment offered by
Mr. Lapointe to be before the Meeting.
Following a voice vote at 10:02 p.m. , the Moderator
declared the adoption of the motion.
(Line Item 6100 Council on Aging Expenses $167,032)
The Moderator read: 5100 Library Personal.Services 1,053,458 Expenses 214,515
10:04 p.m. Mr. Lapointe, Appropriation Committee, made
the following motion:
Line Item 5100 Library Personal Services be
amended from $1,053,458 to $.1,088,559, an
increase of $35, 101, and further
Line Item 5100 Library Expenses from $214,515 to
$228,414, an increase of $13,899,
thus increasing these line items by $49,000 to
restore the East Lexington Branch library.
10:10 p.m. Selectman Dailey stated unanimous Board
opposition against the motion.
Following a voice vote at 10:35 p.m. , the Moderator
declared the adoption of the amendment.
(Line Item 5100 Library Personal Services $1 ,088,559
Line Item 5100 Library Expenses $228,414 )
The Moderator resumed the reading of Article 4:
Employee Benefits
2110 Contributory Retirement 3,125,709
(Of which $65,762 is to be transferred from the
Water Enterprise Fund and
$16,441 is to be transferred from the Sewer
Enterprise Fund. )
2120 Non-Contributory Retirement 189,736
2130 Insurance 561,060
(Of which $54,400 is to be transferred
from the Water Enterprise Fund and
$13,600 is to be transferred from the
Sewer Enterprise Fund. )
(and further that amounts appropriated
in this article for employee health
and life insurance shall be
transferred to this account 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
compensation plan. )
2140 Unemployment Benefits 65,000
2150 Police/Fire Medical 35,430
Debt Service
2210 Payment on Funded Debt. 2,29=1 , 750
2220 Interest on Funded Debt 474 ,033
2230 Temporary Borrowing 75,000
2240 Exempt Debt 1,174,088
Operating Articles
224
(ADJOURNED SESSION, A.T.M. , CONT. - MAY 1, 19961
•
2310 Reserve Fund 250,000
10:41 p.m. Paul Lapointe, Appropriation Committee, made
the following motion:
that Line Item 2310 Reserve Fund be amended from
$250,000 to $150,000, a decrease of $100,000.
10:45 p.m. Selectman Dailey stated unanimous opposition
to the amendment.
Following a voice vote at 10:58 p.m. , the Moderator
declared the amendment to have passed.
Richard Eurich,P3, stood to question the call. An
insufficient number of members indicated agreement and
the Moderator stated that the call stood.
The Moderator continued the reading of Article 4:
2320 Municipal Salary Adjustments 356,069
(Of which $19,204 is to be transferred
from the Water Enterprise Fund, $8,532
is to be transferred from the Sewer
Enterprise Fund and $12,213 is to be
transferred from the Recreation
Enterprise Fund. )
11:01 p.m. Leo McSweeney, Chairman of the Board of
Selectmen, moved that the meeting be adjourned until
Monday, May 6, 1996, at 8:00 p.m. , in Cary Hall.
Following a voice vote at 11:01 p.m. , the Moderator
declared the meeting to be adjourned.
A true copy.
Attest:
Bernice H. Fallick, Town Clerk
1
227
ADJOURNED SESSION - 1996 ANNUAL TOWN MEETING
MAY 6, 1996
The meeting was called to order by Moderator Margery M.
Battin, at 8 p.m. , in Cary Memorial Hall.
A quorum was present.
ARTICLE 2 REPORTS
8:15 p.m. The Town Manager reported on the armed robbery
incident of the previous night and the importance of the
police dispatch center and praising them for their
performance.
8:17 p.m. Selectman McSweeney reported for the Board of
Selectmen, indicating the intent to initiate street light
reduction.
•
ARTICLE 4 OPERATING BUDGET
8:22 The Moderator continued the reading of the budget:
Organizational Expenses
2410 Municipal Services & Expenses Personal Services
76,435
2410 Municipal Services & Expenses 104,271
8:27 p.m. Richard Howe made the following motion:
that Item 2410 Municipal Services and Expenses
be amended by replacing the sum $104,271 with
the sum $74,271.
8:32 p.m. Paul Lapointe, Appropriation Committee, stated
opposition.
Following a voice vote at 8:33 p.m. , the Moderator
declared the amendment not adopted.
Mr. Howe and sufficient additional members stood to call
for a standing vote. The Moderator called for a standing
vote which was tallied as follows:
Precinct Yes No Abstain
1 9 7
2 6 7
3 6 6
4 3 12
5 9 7
6 9 5
7 8 6
8 5 11
9 2 12
At large 5 16
Totals 62 89
8:36 p.m. The Moderator declared the motion offered by
Mr. Howe not adopted.
2420 Municipal Network Expenses 11,400
223
(ADJOURNED SESSION, A.T.M. , CONT. - MAY 6, 1996)
Community Services
3000 DPW Personal Services 3,025,111
(Of which $260,781 is to be
transferred from the Water Enterprise
Fund, $65 ,195 is to be transferred
from the Sewer Enterprise Fund,
$66,995 is to be transferred from the
Parking Meter Fund, $100,000 is to be
transferred from the Cemetery Trust
Funds and $218,597 is to be
transferred from the Recreation
Enterprise Fund. )
8:56 p.m. Richard Michelson, P8, made the following
motion:
transfer Parking Meter Funds be
reduced from $66,995 to $46,995
There was discussion as to legality of use of parking
meter funds.
9:05 p.m. Paul Lapointe, Appropriation Committee, stated
opposition to the amendment.
Following a voice vote at 9:05 p.m. , the Moderator
declared the motion offered by Mr. Michelson not adopted.
The Moderator continued:
3000 DPW General Expenses 4,006,213
(Of which $196,150 is to be
transferred from the Water Enterprise
Fund, $49,037 is to be transferred
from the Sewer Enterprise Fund,
$451 ,200 is to be transferred from the
Recreation Enterprise Fund and
$104,750 is to be transferred from the
Parking Meter Fund; and provided
further that the Town Manager may
enter into an agreement or agreements
with one or more governmental units to
perform jointly with such units any
service, activity or undertaking
authorized by law. )
(And further that the Town Manager is
authorized to enter into equipment
lease/purchase agreements from time to time
provided that each such agreement is subject to
annual appropriations. )
(And in addition that $70,000 of
expenses for the sale of burial
containers and biodegradable bags be
funded by the receipt of $70,000 in
anticipated revenues. )
9:19 p.m. Paul Lapointe, Appropriation Committee, stated
support.
There was discussion as to the shutting down of
streetlighting throughout town in order to accomplish the
amount on the line item.
229
(ADJOURNED SESSION, A.T.M. , CONT. - MAY 6, 1996)
3600 Water Department 3,624,029
(And that to raise such amount $3,624,029 be
transferred from the Water Enterprise Fund. )
3700 Sewer Department 5,913,372
(And that to raise such amount
$5,913,372 be transferred from the
Sewer Enterprise Fund. )
9:31 p.m. Priscilla Diamond, P6, made the following
motion:
that Item 3700 Sewer Department be
amended to read: $6,013,372 (And that
to raise such amount $6,013,372 be
transferred from the Sewer Enterprise
Fund. )
9: 32 p.m. The Moderator declared a recess in order that
the Appropriation Committee vote on the motion.
9:38 p.m. The Moderator called the Meeting back to
order.
9:38 p.m. Paul Lapointe, Appropriation Committee, stated
majority opposition.
9:42 p.m. William Dailey, Board of Selectmen, stated
unanimous opposition.
Following a voice vote at 9:55 p.m. , the Moderator
declared the amendment not adopted.
The Moderator continued:
Public Safety
4110 Combined Dispatch Personal Services 309,351
4110 Combined Dispatch Expenses 15,000
4200 Law Enforcement Personal Services 3,026,273
(Of which $174,765 is to be transferred from the
Parking Meter Fund. )
(And further that the training fee provided in
Section 305 of
Chapter 38 of the Acts of 1995 be waived. )
9:57 p.m. Richard Michelson, P8, moved to:
Reduce transfer from Parking Meter Fund from
$174,765 to $133,597
10:02 p.m. Paul Lapointe, Appropriation Committee, stated
opposition.
Following a voice vote at 10:03 p.m. , the Moderator
declared the amendment not adopted.
The Moderator continued:
4200 Law Enforcement Expenses 304,844
4300 Fire Department Personal Services 2,812,644
4300 Fire Department Expenses 237,553
?
(ADJOURNED SESSION, A.T.M. , CONT. - MAY 6, 1996)
Culture and Recreation
5100 Library Personal Services 1,088,559
5100 Library Expenses 228,414
5200 Recreation Department 645,487
(And to raise such amount $645,487 be
transferred from the Recreation
Enterprise Fund. )
10:14 p.m. Susan Cusack made the following motion:
that Item 5200 Recreation Department
be amended to read: $695,487 (And to
raise such amount $695,487 be
transferred from the Recreation
Enterprise Fund. )
10:16 p.m. Paul Lapointe, Appropriation Committee, stated
majority opposition.
10:16 p.m. Donald Chisholm, Recreation Committee, stated
opposition to the amendment.
10:21 p.m. Leo McSweeney, Board of Selectmen, stated
unanimous opposition.
Following a voice vote at 10:28 p.m. , the Moderator
declared the amendment not adopted.
Dawn McKenna and sufficient other members stood to doubt
the vote. The Moderator called for a standing vote which
was tallied as follows:
Precinct Yes No Abstain
1 7 6
2 7 7
3 6 8
4 8 7
5 10 7
6 13 1
7 6 9
8 6 10
9 10 8
At large 8 12
Totals 81 75
10:31 p.m. The Moderator stated that the amendment
offered by Mrs. Cusack to be adopted.
[Item 5200 Recreation Department as amended: $695,487
(And to raise such amount $695,487 be transferred from
the Recreation Enterprise Fund. )]
5300 Public Celebrations 15,500
5400 Transportation Personal Services 50,137
5400 Transportation Expenses 179,458
(Of which $80,000 is to be transferred from the
Parking Meter Fund. )
23
(ADJOURNED SESSION, A.T.M., CONT. - MAY 6, 1996)
10:32 p.m. Richard Michelson, P8, made the following
motion:
transfer of $80,000 from Parking Meter
Fund be removed from the motion
Following a voice vote , at 10:33 p.m. , the Moderator
declared the amendment not adopted.
Human Services
•
6100 Council on Aging Personal Services 155,012
Of which $16,513 is to be transferred from the
Recreation Enterprise Fund. )
6100 Council on Aging Expenses 167,032
6210 Veterans Administration Personal Service26,483
6210 Veterans Expenses 29,913
6310 Services for Youth 69,834
6320 Services to Developmentally Disabled 12,800
Inspectional Services/Community Development
7100 Inspectional Services Personal Services437,776
7100 Inspectional Services Expenses 53,218
7200 Planning Personal Services 134,931
7200 Planning Expenses 6,614
Executive
8110 Selectmen Personal Services 51,765
(Of which $2,182 is to be transferred
from the Water Enterprise Fund and
$546 is to be transferred from the
Sewer Enterprise Fund. )
8110 Selectmen Expenses 77,349
8120 Town Manager Personal Services 272,283
(Of which $34,467 is to be transferred
from the Water Enterprise Fund and
$8,617 is to be transferred from the
Sewer Enterprise Fund. )
8120 Town Manager Expenses 15,500
8130 Town Report 6,000
Legislative
8210 Appropriation Committee Expenses 800
8220 Miscellaneous Boards & Committees Expense8 ,500
Finance
8310 Comptroller Personal Services 271 ,550
(Of which $85,496 is to be transferred
from the Water Enterprise Fund and
$21,374 is to be transferred from the
Sewer Enterprise Fund. )
8310 Comptroller Expenses 84,684
8320 Revenue Personal Services 169,562
(Of which $51,762 is to be transferred
from the Water Enterprise Fund and
$12,940 is to be transferred from the
Sewer Enterprise Fund. )
(ADJOURNED SESSION, A.T.M. , CONT. - MAY 6, 1996)
8320 Revenue Expenses 15,300
(And in addition that $7,500 of
expenses generated from enrollment in
the Flexible Spending Plan be funded
by the receipt of $7,500 in
anticipated revenues. )
(And further that the Treasurer and Collector
is hereby authorized to enter
into compensating balance agreements during
fiscal years 1997, 1998 and
1999, as permitted by General Laws Chapter 44,
Section 53F. )
8330 Assessors Personal Services 193,777
(Of which $3,165 is to be transferred
from the Water Enterprise Fund and
$791 is to be transferred from the
Sewer Enterprise Fund. )
8330 Assessors Expenses 4,000
8340 Data Processing Personal Services 80,266
(Of which $25,970 is to be transferred
from the Water Enterprise Fund and
$6,493 is to be transferred from the
Sewer Enterprise fund. )
8340 Data Processing Expenses 167,050
Staff
8410 Legal Fees & Expenses 205,000
8420 Town Clerk Personal Services 132,999
8420 Town Clerk Expenses 2,860
8430 Board of Registrars Personal Services 1,825
8430 Board of Registrars Expenses 19,875
8440 Elections Personal Services 44,237
8440 Elections Expenses 20,400
Following a voice vote at 10:42 p.m. , the Moderator
declared Article 4 adopted.
10:42 p.m. Paul Lapointe, Appropriation Committee,
served Notice of Reconsideration on Article 4.
10:43 p.m. Leo McSweeney, Chairman of the Board of
Selectmen, moved that the meeting be adjourned until
Wednesday, May 8, 1996, at 8:00 p.m. , in Cary Hall.
Following a voice vote at 10:43 p.m. , the Moderator
declared the meeting to be adjourned.
A true copy.
Attest:
Bernice H. Fallick, Town Clerk
3,3
(r)
ADJOURNED SESSION - 1996 ANNUAL TOWN MEETING
MAY 8, 1996
The meeting was called to order by Moderator Margery M.
Battin, at 8 p.m. , in Cary Memorial Hall.
A quorum was present.
The Moderator discussed procedures.
ARTICLE 29
811 p.m. Frederick Merrill, Planning Board, moved that
Article 29 be brought up at this 0...Me. Following a voice
vote the Moderator declared Article 29 to be before the
Meeting.
Mr. Merrill moved that the report of the, Planning Board
on Article. 29 be accepted and placed on file. Following
a voice vote at 8: 11 p.m. , the Moderator declared the
report to have been accepted and placed on file.
811 p.m. Mr. Merrill moved that the Zoning By-Laws of
the Town be amended as set forth in the motion attached
to the report of the Planning Board on this article.
MOTION:
SEE PAGES 234 -- 251
Passed -
See below
Mr. Merrill and Planning Director Robert Boyer presented
information. Discussion continued.
8:41 p.m. Joyce Miller, Conservation Commission, stated
full support.
9:57 p.m. Robert Whitman, P8, called the question.
Following a voice vote as to whether the question should
be put, the Moderator declared the motion offered by Mr.
Merrill to be before the meeting. The Moderator called
for a standing vote which was tallied as follows:
Precinct Yes No Abstain
1 8 7
2 13 3
3 10 3
4 15 0
5 10 8
6 7 7
7 15 2
8 14 4
9 13 4
At large 22 0
Totals 127 38
10:01 p.m. The Moderator declared passage of Article 29
as offered by Mr. Merrill.
10:02 p.m. Notice of Reconsideration on Article 29 was
served by James Barry, Pl .
x. _:. --. ,e.. is'_ ..f..:.... .,..,—,.. ,_„s ar,EI.:✓.!3...ryf?S,.S.,2n.'.r":,s.,z, i ..., s.,....> tt?:... >SIr.;3.€,_.P Y,[.,. _._- .._.[,:.
M O T I O N
ARTICLE 29 COMPREHENSIVE REVISION,SECTION 9,
RESIDENTIAL DEVELOPMENT IN SUBDIVISIONS AND RD DISTRICTS
That the Zoning By-Law be amended by striking out the existing Section 9.Planned Residential Development,
in its entirety and by inserting in place thereof, the following:
"SECTION 9. RESIDENTIAL DEVELOPMENTS
9.1 OBJECTIVES AND APPLICABILITY
9.1.1 The provisions of this section are intended to:
a. ensure that the development of additional housing does not detract from the livability,scale,character
or economic value of existing residential neighborhoods;
b. encourage greater diversity of housing opportunities in Lexington to meet the needs of a population
which is diversified with respect to number of persons in a household, and income;
c. provide greater choice in the type of housing available to correspond to the varying needs of town
residents in different stages of their life cycle;
d. encourage the development of housing affordable to low-,moderate-and middle-income households;
e. provide greater flexibility and design freedom in the development of those tracts of land which lend
themselves to planned development;
f. promote a high standard in the design of development sites and of individual buildings;
g. encourage the preservation of open space for conservation, outdoor recreation, park purposes, or
public access to open space,in conjunction with residential development;
h. encourage the preservation,and minimum disruption,of the existing natural features of land and to
minimize impacts on environmentally sensitive areas;
i. preserve,where applicable,historically or architecturally significant buildings or places;
j. permit ostensibly different types of structures and residential uses to be combined in a planned
interrelationship;
k. facilitate a detailed review, by town officials and by the public,of those developments which either:
1) have an impact on public facilities and services and on adjoining land,or
2) are large enough to constitute a self-contained environment;
1. promote the efficient and economical provision of public facilities such as utilities and streets;
m. assure that the number of dwelling units allowed will be compatible with surrounding land uses,and
that traffic and public services will not be adversely impacted;
9.1.2 No building permit shall be issued for a dwelling which is part of a development on a tract of three
or more dwelling units,or their equivalent in housing accommodations not classified as dwelling units,except
in accordance with the provisions of this section.
9.1.3 In an RO, RS or RT district, a residential development of three or more dwelling units may be:
a. a conventional(cony)subdivision,
b. cluster (clus) subdivision,with the tract divided into separate lots for dwellings and common open
space,or
c. a special(spec)residential development in which the tract may be in one ownership or may be divided
into separate lots for dwellings and common open space,
d. a development with significant public benefit(RSPB).
2 Article 29
Section 9. Residential Developments
9.1.4 The procedure for a cluster subdivision or a special residential development or a development with
significant public benefit (DSPB) is not intended be used as an alternative to allow the construction of a
conventional subdivision that could not otherwise comply with the standards and requirements set forth in this
By-Law or in the"Development Regulations".
9.2 SCHEDULE OF PERMI'ITED BUILDINGS, DENSITY AND DIMENSIONAL STANDARDS
(Applicable to the residential development as a whole.)
Cony. = conventional subdivision, ZONING DISTRICT
Clus. = cluster subdivision
Spec. = special residential development.
DSPB = development with significant public
benefit
NR = no requirement
sf = square feet
ft = linear feet •
RO RS, RT RD
Type of Development: Cony. Clus. Cony. Clus.
Spec. Spec.
DSPB DSPB
9.2.1 Minimum Area of Tract to be Developed NR* 100,000 NR* 50,000 125,000
* No requirement for tract as a whole; sf sf sf
individual lots must comply with Table 2;
right-of-way must comply with Subdivision
Regulations
9.2.2 Types of Buildings* Permitted
* See definitions in Section 2
a. One-Family Detached Yes Yes Yes Yes Yes
b. One-family Attached, *Yes in RT No SP No* SP* Yes
c.Accessory Apartment Yes Yes Yes Yes Yes
d.Two-family *Yes in RT No SP No* SP* Yes
e.Townhouse No SP No SP Yes
f.Three-, Four-Family No No** No No** Yes
g. Multi-Family No No** No No** Yes
h. Rooming House No No** No No** Yes
i. Group Quarters No* No*,** No* No*,** Yes
*Yes where accessory to a religious or
educational use
j. Independent Living Residence No No** No No** Yes
k.Assisted Living Residence No No** No No** Yes
1. Congregate Living Facility No No** No No** Yes
m.Long-Term Care Facility No No No No Yes
n. Conversion of Municipal Building SPS SPS SPS SPS Yes
(See 9.8)
** See also 9.5.6.c.
236
Article 29 3
Section 9. Residential Developments
RO RS, RT RD
Type of Development: Cony. Clus. Cony. Clus.
Spec. Spec.
DSPB DSPB
9.2.3 Minimum Frontage of the Tract on 50 ft. 100 ft. 50 ft. 100 ft. 100 ft.
An Existing Street
9.2.4 Minimum Yard Setback on Perimeter of
Tract
a. Front Yard NR* NR* NR* NR* 40 ft
b. Side Yard, Rear Yard NR* NR* NR* NR* 30 ft
*No requirement for development as a
whole; individual buildings subject to
Table 2
9.2.5 Maximum Impervious Surface Ratio NR* 0.15 NR* 6.20 0.40
(See paragraph 7.9)
*No requirement for a conventional
subdivision as a whole;see 9.4.4 for
individual lots
9.2.6 Minimum Common Open Space(See NR clus. NR clus 10%
9.3.4.)As Percentage of Developable Site 25% 25%
Area(See 7.9.1.)
*At least 10 percent,but see also . spec* spec *
paragraph 9.5.7 and 9.6.7. DSPB * DSPB *
9.2.7 Minimum Usable Open Space (See 5,000 sf 5,000 sf 3,500 sf 3,500 sf 1,500 sf
9.3.5.)per Dwelling Unit,or Equivalent
9.2.8 Maximum Height of Dwellings 40 ft 40 ft 40 ft 40 ft 40 ft
9.2.9 EQUIVALENT DENSITY, RESIDENTIAL ACCOMMODATIONS NOT IN DWELLING UNITS
Where a residential facility is not arranged in dwelling units and individual living units do not have separate
kitchen and dining facilities, for the purpose of calculating density and other dimensional standards, the
following shall be considered equivalent to one dwelling unit:
1) 1,000 square feet of gross floor area in a long-term care facility
2) 1,200 square feet of gross floor area in group quarters, an assisted living residence facility or a
congregate living facility that does not have dwelling units
Where a residential facility that is not arranged in dwelling units provides at least one meal a day in a common
dining area, served by a central kitchen, to the occupants of the living units, the presence of small cooking
equipment for the convenience of occupants of the individual living units will not classify the living unit as a
dwelling unit.
237
4 Article 29
Section 9. Residential Developments
9.3 GENERAL PROVISIONS APPLICABLE TO ALL RESIDENTIAL DEVELOPMENTS
9.3.1 COMPLIANCE WITH OTHER RULES AND REGULATIONS
The construction of community services,such as utilities,and of streets and interior drives shall comply with
the requirements of the Planning Board's"Development Regulations".Nothing contained herein shall exempt
a subdivision from complying with the provisions of the"Development Regulations" and of the Subdivision
Control Law.
9.3.2 PARTS OF DWELLING UNITS BELOW GROUND
No part of a dwelling unit, an assisted living unit or a rooming unit used for sleeping, cooking, dining or
bathroom purposes may be located in a cellar.(See Definition.)A part of a dwelling unit,an assisted living
unit or a rooming unit used for such purposes may be located in a basement(See Definition.),provided the
vertical height between the horizontal plane of the ceiling and the finished grade of the ground adjoining the
dwelling unit is at least six feet for at least two-thirds of the length of the exterior walls of all rooms used for
such purposes.
9.3.3 NON-RESIDENTIAL USES
In an RD district, the planned residential development may also include commercial uses provided:
a. such uses serve primarily the residents of the development,
b. such uses are conducted within and may be entered only from within a principal building,
c. there is no external evidence of such uses visible beyond the development tract, and
d. the appearance and character of the comniercial uses are compatible with a residential development.
9.3.4 COMMON OPEN SPACE
9.3.4.1 PURPOSE
Common open space is intended to provide open,natural area on a site for the general use of most,or all,
the occupants of a residential development with three or more dwelling units.It is intended to provide for the
active and passive recreational use and visual enjoyment of the occupants of a residential development and,
in some cases,for residents of the adjacent neighborhood and the public generally.
9.3.4.2 LOCATION, CONDITION
Where required or provided, common open space shall be land that:
a. may be in one or more parcels of a size and shape appropriate for the intended use;
b. meets the requirements for developable site area as that term is defined in paragraph 7.9.1.; and
c. all occupants of a development have the right to use.
9.3.4.3 OWNERSHIP
Common open space may be conveyed to:
1) and accepted by the Town to ensure its perpetual use as open space,conservation,recreation or park
land; or
2) a legal association comprised of the owners of the development,which may include homeowners or
owners of condominium or cooperative units; or
3) a non-profit organization the principal purpose of which is the conservation of open space.When such
open space is conveyed to persons or entities other than the Town,an easement over such land shall
be granted to the Town to ensure its perpetual use as open space, conservation, recreation or park
land,
'k I
23Z
Article 29 5
Section 9. Residential Developments
9.3.4.4 ACCESSORY PARKING OR STRUCTURES
A maximum of 20 percent of common open space may be devoted to parking or structures used for, or
accessory to,active outdoor recreation provided such parking or structures are consistent with the open space
uses of such land.
9.3.5 USABLE OPEN SPACE
9.3.5.1 PURPOSE
Usable open space is intended to provide outdoor space for the recreational and leisure time use of,and in
close proximity to,the occupants of dwelling units in a residential development with three or more dwelling
units.
9.3.5.2 AMOUNT OF USABLE OPEN SPACE REQUIRED
The minimum amount of usable open space provided shall be as set forth in the schedule in subsection 9.2.7.
9.3.5.3 QUALIFYING USABLE OPEN SPACE
To qualify as usable open space, an area shall conform to the following standards:
a. USABILITY
The area must have-a surface that is adequately drained,and permits recreational or leisure time use.
Such surface may include any combination of grass,plant materials,wood,or paving materials of a type
designed for pedestrian or recreational use. No open space shall be considered usable if:
1) the slope of the finished grade is more than 10 percent,or
2) the land does not meet the requirements for developable site area as that term is defined in
paragraph 7.9.1.
b. LOCATION
The nearest part of the area shall be not more than 300 feet walking distance from the dwelling unit
it serves. Usable open space may be located in an area which:
1) is on a privately owned lot,or a space designated for the exclusive use of one dwelling unit, or
2) qualifies as common open space as provided in paragraph 9.3.4.
c. SIZE AND SHAPE
It has a minimum horizontal area of 600 square feet and no dimension is less than 20 feet.
d. STRUCTURES AND FACILITIES
It shall be open to the sky,and may include unroofed facilities such as a tennis court,swimming pool
or similar open air recreational facilities. Accessory structures related to such unroofed facilities may
be located within the area.
e. ACCESS
The access to usable open space shall conform to the same standards set forth in a. above,but may
have dimensions smaller than those set forth in c. above. If the dimensions of the access are smaller
than those required in c. above, the access shall not be counted toward the minimum usable open
space required in 9.2.7.
9.3.5.4 RELATIONSHIP BETWEEN USABLE AND COMMON OPEN SPACE
Common open space will qualify as usable open space provided it meets the criteria set forth in paragraph
9.3.5.3. Usable open space will qualify as common open space provided it is not on a privately owned lot,or
on a space designated for the exclusive use of one dwelling unit.
239•
6 Article 29
Section 9. Residential Developments
9.3.6 STREETS, DRIVES
9.3.6.1 OBJECTIVE
The objective of this section is that adequate access for fire-fighting,medical and other emergency operations
be provided from the public street system to each development with three or more dwelling units.
9.3.6.2 CONNECTION TO PUBLIC STREET SYSTEM
Each street(See Definition.)and interior drive(See Definition.),or system of streets or interior drives,within
a residential development with three or more dwelling units shall connect to a public street.
9.3.6.3 MEANING OF"DEAD-END"STREET
A dead-end street or dead-end interior drive is one which has only one means of entrance and exit to a
through public street. (See Definition of THROUGH STREET.)
9.3.6.4 LENGTH, MEASUREMENT OF DEAD-END STREET
A dead-end street or dead-end interior drive shall not extend more than 650 feet from:
a. a through public street,or
b. a street or interior drive that intersects with a through public street in at least two places that are not
less than 125 feet apart provided such street or interior drive is constructed in accordance with the
standards for streets and rights-of-way set forth in the Subdivision Regulations,
The length of a dead-end street or dead-end interior drive and the distance between the intersection of streets
shall be measured as described further in the Planning Board's Subdivision Regulations.
In the case where an existing through street connects to another public street in two places but that public
street is itself a dead-end street, the through street shall be considered to be a dead-end street.
9.3.6.5 TWO MEANS OF ACCESS FOR 10 OR MORE DWELLING UNITS
Where there are more than 10 dwelling units served by a dead-end street or dead-end interior drive, two
means of access connected to the public street system,suitable for fire-fighting,medical and other emergency
vehicles,shall be provided to each dwelling unit.One means of access shall be a street or interior drive that
complies with the standards for streets and rights-of-way set forth in the Subdivision Regulations. If not
another street,the second means of access may be a paved way,subject to the approval of the Fire Chief,that:
a. is at least 10 feet wide, and constructed in a manner suitable for fire-fighting equipment,
b. has provision for snow removal and other maintenance to assure year round access, and
c. may have a gate or other barrier to restrict general motor vehicle traffic provided there is an easy
means of opening such gate or barrier for emergency vehicles.
9.3.6.6 MINIMUM YARD FOR STREET OR INTERIOR DRIVE IN RD DISTRICT
If a street or interior drive in an RD,Planned Residential District,is located in a minimum yard required by
9.2.4, there shall be a screen of densely planted vegetation and/or an opaque fence adjacent to the lot line,
as provided in Section 10 of this By-Law,for such distance as the Planning Board may determine in order to
provide protection for abutting residential lots.
9.3.7 ACCESSORY APARTMENT
An accessory apartment, as described in subsection 5.2 of this By-Law, may be created in a detached,
one-family dwelling in a residential development with three or more dwelling units.In general the provisions
of subsections 5.2.1 through 5.2.4 of this By-Law shall apply,with the following exceptions:
�j
•
24S,
Article 29 7
Section 9. Residential Developments
a. the lot area in a conventional subdivision shall be at least the minimum required by Table 2,Schedule
of Dimensional Controls,for the zoning district in which the lot is located.(See also paragraph 9.4.3.
which requires a greater lot area for larger houses.)The lot area in a cluster subdivision, a special
residential development or a development with significant public benefit may be such size as the SPGA
may approve;
b. the dwelling may be newly constructed and does not need to have been constructed by January 1,1983;
c. the maximum floor area of the accessory apartment shall be:
1) not more than 1,200 square feet,or
2)not more than 30 percent of the living area of the dwelling,
whichever is less.
d. paragraph 5.2.2.b.2,which prohibits enlargement of existing dwellings,shall not apply.
9.3.8 EQUIVALENT DENSITY
The maximum density of a facility permitted by 9.2.2 h, i, k,`1, or m. in which living units or other
accommodations are not dwelling units,(See Definition.)shall be determined by paragraph 9.2.9 Equivalent
Density.
•
9.4 CONVENTIONAL SUBDIVISION
9.4.1 MEANING OF"CONVENTIONAL SUBDIVISION"
A conventional subdivision is a residential development with three or more dwelling units in which a tract of
land is divided into lots for constructing single family detached dwellings. (See also the Definition,
Conventional Subdivision.)
9.4.2 DIMENSIONAL STANDARDS
A conventional subdivision shall comply with the applicable dimensional standards set forth in subsection 9.2
and elsewhere in Section 9 for the residential development as a whole.Each lot created within a conventional
subdivision must comply with the dimensional standards set forth in Table 2 and elsewhere in this By-Law.
9.4.3 ACCESSORY APARTMENT
If an accessory apartment is included in a dwelling,as provided in paragraph 9.3.7,and if the dwelling has a
gross floor area that is 6,200 square feet or more,the minimum lot area shall be 20,000 square feet in the RS
district and 35,000 square feet in the RO district.If the dwelling in which the accessory apartment is included
has a gross floor area that is less than 6,200 square feet, the minimum lot area shall be 15,500 square feet in
the RS district and 30,000 square feet in the RO district.
9.4.4 ADDITIONAL STANDARDS APPLICABLE TO CONVENTIONAL SUBDIVISIONS
In addition to the dimensional standards set forth in subsection 9.2 that apply to a residential development
as a whole,the following shall also apply to an individual lot in a conventional subdivision approved after May
4, 1987:
RS, RT DISTRICT RO DISTRICT
a. Maximum Impervious Surface Ratio 0.20 0.12
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 25 feet 25 feet
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8 Article 29
Section 9. Residential Developments
(See also subparagraph 7.2.3 which requires that a minimum percentage of the required minimum lot area be
in a contiguous developable site area.)
9.5 CLUS'T'ER SUBDIVISION,SPECIAL RESIDENTIAL DEVELOPMENT
9.5.1 MEANING OF TERMS
A"cluster subdivision"is a residential development with three or more dwelling units in which a tract of land
is divided into: 1) lots for constructing dwellings in one or more groups and 2) common open space. The
common open space may be in one or more locations and may separate groups of dwellings from each other.
(See also the Definition,Cluster Subdivision.)
A"special residential development"is a residential development with three or more dwelling units in which
a tract of land is divided into: 1) one or more lots for constructing dwellings in one or more groups and 2)
common open space.A"special residential development" may have one or more lots used for developments
in:
a. condominium ownership,
b. cooperative ownership,or
c. one ownership where individual dwelling units are rented.
A "special residential development" is intended to provide greater flexibility than a cluster subdivision to
respond to special site or development considerations.
9.5.2 OBJECTIVES
The objectives of this section are to allow flexibility in the standards and procedures for residential
development with three or more dwelling units that are a cluster subdivision or a special residential
development to:
a. promote development proposals based on an evaluation of the characteristics of individual sites that
is difficult to achieve by applying pre-determined, largely geometric standards;
b. promote the retention and enhancement of the outstanding natural features of open land and of
existing man made enhancements to it;
c. promote an improved design relationship between new buildings and public facilities and common open
space;
d. permit approval of a development based on an evaluation of the projected impacts of the development.
9.5.3 MAXIMUM DEVELOPMENT BASED ON IMPACT
9.5.3.1 OBJECTIVE
The objective of this section,and of section 9.6. Developments with Significant Public Benefit,is to base the
amount of development allowed on the projected impacts of the development on the adjacent neighborhood
and municipal facilities and services.
9.5.3.2 MAXIMUM DEVELOPMENT BASED ON IMPACT
The projected impacts of a cluster subdivision or a special residential development shall not be greater than
the total projected impacts of one-family detached dwellings that could be constructed on individual lots in
a conventional subdivision on the tract according to the procedure described in this section.The maximum
development permitted in a cluster or special residential development may not exceed ANY of the total
amu.
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242
Article 29 9
Section 9. Residential Developments
impacts that are projected to occur from such one-family detached dwellings based on the following impact
measures each considered separately:
a. Gross Floor Area of Dwelling Units
b. Living Area of Dwelling Units
c. Site Coverage of Dwelling Units
d. Total Number of Occupants of Dwelling Units
e. Vehicular Trip Generation from Dwelling Units
The maximum development permitted is not to be based on the number of dwelling units. The number of
dwelling units permitted is not predetermined; it is the number that occurs in a development when none of
the impact measures, each considered separately, exceeds the total impact that is projected to occur in a
conventional subdivision,on the tract according to the procedure described in this section.
9.5.3.3 NO ENTITLEMENT TO MAXIMUM DEVELOPMENT'
An applicant is not entitled to the maximum development described in paragraph 9.5.3.2 nor is the applicant
entitled to approval of a cluster subdivision or special residential development. The amount of development
permitted, as calculated by any of the impact measures,will be based on the Planning Board's evaluation of
the proposed development and the extent to which it complies with the criteria set forth in paragraph 93.5.
9.5.4 CALCULATION OF IMPACT OF DEVELOPMENT
9.5.4.1 MEASURES OF THE IMPACT OF DWELLING UNITS
For the purpose of the calculations required elsewhere in this section,the impact of a one-family detached
dwelling constructed on a lot in a conventional subdivision is determined to be:
a. Gross Floor Area of One-family Dwelling Unit:7,200 square feet;
b. Living Area of One-family Dwelling Unit: 4,700 square feet;
c. Site Coverage of One-family Dwelling Unit: 2,900 square feet;
d.Total Number of Occupants of One-family Dwelling Unit:5 persons
e. Number of Vehicle Trips Generated by a One-family Dwelling Unit: 15 trips
9.5.4.2 IMPACTS OF OTHER TYPES OF DWELLING UNITS
The Planning Board shall periodically publish the projected total number of occupants in,and the number of
motor vehicle trips generated by, other types of dwelling units. Those other types of dwelling units shall
include:
a. One-family Detached*,
b. One-family Attached*,
c.Two-family*, and
d.Townhouse*.
* (See definition in Section 2.)
The Planning Board shall periodically tabulate and publish data on such other types of dwelling units:
a. that have been constructed in the preceding 10 years,or
b. on the 25 most recently constructed dwelling units of that type,
whichever results in the greater number of dwelling units in the sample.
In estimating the projected total number of occupants in,and the number of vehicular trips generated by,other
types of dwelling units, the Planning Board shall consider the size of the dwelling units, the number of
bedrooms and other physical and economic characteristics of the dwelling units. In projecting:
2 4;3
10 Article 29
Section 9. Residential Developments
a. the total number of occupants in other types of dwellings, the Planning Board shall consider data
reported in the Town Census conducted by the Town Clerk in the most recent calendar year;
b. the total number of vehicle trips,the Planning Board shall use the estimates of trip generation outlined
in paragraph 12.2.4.a,trip generation,of this By-Law.
9.5.4.3 CALCULATION OF MAXIMUM DEVELOPMENT
The maximum development permitted in a cluster or special residential development shall be determined by
using the following procedure:
STEP ONE:
1) calculate the maximum number of dwellings in a conventional subdivision by the following formula:
divide the area of the lot by the minimum lot area for the district in which the lot is
located (R0=30,000 s.f., RS and RT=15,500 s.f.)provided any fraction thereof may be
included in the calculation;
S'1'EP TWO
2) calculate the total gross floor area of all dwellings in a cluster or special residential development by
multiplying 7,200 square feet by the maximum number of dwellings in a conventional subdivision in
1) above;
3) calculate the total living area of all dwellings in a cluster or special residential development by
multiplying 4,700 square feet by the maximum number of dwellings in a conventional subdivision in
1) above;
4) calculate the total site coverage of all dwellings in a cluster or special residential development by
multiplying 2,900 square feet by the maximum number of dwellings in a conventional subdivision in
1)above;
S'1'EP THREE
5) calculate the projected total number of occupants of all dwellings in a cluster or special residential
development by multiplying five persons by the maximum number of dwellings in a conventional
subdivision in 1) above.
To determine the projected number of total occupants of"other types of dwelling units"(9.5.4.2),the applicant
shall furnish a schedule showing the number of proposed dwelling units, according to:
a. the type of structure,
b. the number of bedrooms,
c. the living area, and
d. the projected rent or sales price
of each proposed dwelling unit.
Based on the data available to it, as described in paragraph 9.5.4.2, the Planning Board shall determine the
projected total number of occupants in "other types of dwelling units" referred to in paragraph 9.5.4.2 that
corresponds most closely to the schedule furnished by the applicant.The projected total number of occupants
shall be the median in the data range.
STEP FOUR
6) Calculate the projected total number of vehicle trips generated from all dwellings in a cluster or
special residential development by multiplying 15 vehicles times the maximum number of dwellings
in a conventional subdivision. (See 1) above.)
Based on the schedule furnished by the applicant, described in 5) a.and b.above,and on the data available
to it, as described in paragraph 9.5.4.2, the Planning Board shall estimate the total number of vehicle trips
generated from the "other types of dwellings"referred to in paragraph 9.5.4.2 that corresponds most closely
to the schedule furnished by the applicant.
.w.
r
. 2.44
Article 29 11
Section 9. Residential Developments
This worksheet is for illustrative purposes only. It is not legally adopted
by the Town Meeting as a part of the Zoning Bylaw.
WORKSHEET FOR CALCULATION OF
PARAGRAPH 9.5.4.3 CALCULATION OF MAXIMUM DEVELOPMENT
STEP ONE
(1) (2) (3)
Area of the lot Divide(1) by mini-
mum lot area for the Maximum num-
district (R0=30,000 ber of dwellings
sf, RS and RT=15,500 in a conventional
sf) development
STEP TWO
Total gross floor area 7,200 square feet X
of all dwellings (3) Square Feet
Total living area 4,700 square feet X
of all dwellings (3) Square Feet
Total site coverage 2,900 square feet X
of all dwellings (3) Square Feet
STEP THREE
Projected total num- 5 persons X .�
ber of occupants of (3) Persons
all dwellings
STEP FOUR
Projected total num- 15 trips X
ber of vehicle trips (3) Vehicular trips
generated
from all dwellings
For assistance in determining the estimated occupancy of other types of housing, contact the
Planning Department.
9.5.4.4 EFFECT OF IMPACT MEASURES ON AN APPROVED DEVELOPMENT
a. OCCUPANCY AND NUMBER OF MOTOR VEHICLE TRIPS: The calculation of impact measures
for occupancy and number of motor vehicle trips is only for the purposes of estimating impacts for
approval of a development application.The median of the population and motor vehicle trip generation
data series,as described in paragraphs 9.5.4.2 and 9.5.4.3,is determined to be an adequate measure of the
impact of a typical dwelling unit.This method of estimating impacts assumes that the actual occupancy,
either initially or later,of any one dwelling unit may be higher or lower than the typical dwelling unit used
245
12 Article 29
Section 9. Residential Developments
in these calculations.Neither the initial occupancy nor any change in the later occupancy of,or the number
of motor vehicle trips generated from,any dwelling unit,shall affect the occupancy or limit the ownership
or use of motor vehicles in that dwelling unit.
b. GROSS FLOOR AREA,LIVING AREA,SITE COVERAGE:The total gross floor area,living area,site
coverage of all dwellings,as determined by the calculation of impact measures in paragraph 9.5.4.3,is the
maximum for approved development.After the granting of a special permit approving the development,
no building permit shall be issued for any dwelling that would result in the maximum specified in the
approval being exceeded.
9.5.5 CRITERIA FOR APPROVAL
Prior to the approval of.a cluster subdivision or a special residential development,in addition to the findings
and determinations required by paragraph 3.4.2 of this By-Law,the Planning Board shall determine that the
proposed development meets the following criteria:
a. the common open space includes:
I) some,or all,of the outstanding natural features of the site and of the man made features,such
as but not limited to stone walls, that enhance the land form;
2) land that also meets the standards for usable open space;
3) land that increases visual amenities for residents of the development and of the adjacent
neighborhood;
b. the common open space is readily accessible by one or more paths or entry points specifically designed
for access purposes;
c. the dwellings are sited and oriented in a complementary relationship to:
1) each other,
2) the common open space, and
3) the adjacent properties. If the development includes other types of dwellings, such as semi-
attached dwellings or townhouses, those types of dwellings shall relate to the predominant
characteristics of the adjacent one-family detached dwellings with respect to scale,mass,setback,
proportions and materials;
d. negative visual impacts of the development,if any,are screened from adjacent properties and nearby
streets by landscaping or other site planning techniques;
e. where opportunities exist, improved access is provided to, or additional links and connections are
developed to,a town system of public facilities,such as open space,recreation facilities,footpaths or
• bicycle paths;
f. that any building which contains more than one dwelling unit is designed so that either:
I) the building has the exterior appearance of a one-family dwelling or,
2) alternatively, if one-family attached dwellings and/or townhouses (See 9.2.2b. or e. and the
definitions of those terms under"Dwelling,Structural Characteristics"in Section 2,Definitions.)
are constructed,each individual dwelling unit has direct access to ground level and an opportunity
for a private yard,patio,or other private outdoor space;
g. there are provisions for common facilities, such as recreation or parking, or for services such as the
maintenance of streets,walkways or paths, utilities, landscaping or recreation facilities;
h. where there are sufficient dwellings units, the layout of the street(s) and interior drive(s) will
accommodate vehicles,other than automobiles,that are used in local transportation services.
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.246
Article 29 13
Section 9. Residential Developments
9.5.6 SPECIAL PERMITS, DIMENSIONAL STANDARDS,WAIVERS,TYPES OF HOUSING
The Planning Board, acting as SPGA, may,as part of the grant of a special permit with site plan review,also
grant a special permit to:
a. modify the standards:
1) in Table 2, Schedule of Dimensional Controls, for minimum lot area, minimum lot frontage,
minimum front yard, minimum side yard, minimum rear yard, maximum percentage of site
coverage, and maximum height in stories;
2) the provisions of 7.1.4 relative to the number of dwellings on a lot;
3) the minimum lot width in subsection 7.2.2;
4) the provisions in subsection 7.2.3 relative to contiguous developable site area;
5) in subparagraph 11.4.1 relative to the location of off-street parking spaces;
6) in subsection 11.6 relative to setbacks required for parking spaces and driveways; and
7) in subparagraph 6.2.5 relative to the subdivision of land in relation to lots or buildings that are
nonconforming or would not comply with this By-Law as a result of the proposed development;
all as they may apply to individual dwellings or lots within a cluster subdivision or a special residential
development:
b. permit the types of buildings identified in 9.2.2 as allowed by special permit;
c. allow an existing structure, that was constructed at least 10 years prior to the date of application for
approval of the special permit, to be converted to a three-, or four-family dwelling, a multi-family
dwelling, a rooming house, a group quarters, an independent living residence, an assisted living
residence,or a congregate living facility,provided the Planning Board determines that:
1) the structure can be modified for a fesidential use that does not have adverse impacts on the
adjacent single family neighborhood;
2) the exterior,character of the structure is maintained and is compatible with the adjacent
neighborhood of single-family dwellings;
3) modification of the existing structure maintains more of the site open than the alternative of
removal of the structure and further subdivision of the lot into house lots;
d. allow a driveway on one lot to lead to a parking space on another lot, or to allow a driveway to
straddle a lot line, as provided in paragraph 11.8.c.
9.5.7 COMMON OPEN SPACE
In granting a special permit with site plan review for a special residential development, the Planning Board
may require a greater amount of common space than the minimum 10 per cent required by line 9.2.6. In
making that determination,the Planning Board shall consider the need to protect the natural features of the
site, the type of housing to be constructed and its relationship to common open space, and potential public
access to and use of the open space.
9.5.8 ACCESSORY APARTMENT IN CLUSTER SUBDIVISION, SPECIAL RESIDENTIAL
DEVELOPMENT
If an accessory apartment is included in a dwelling,as provided in paragraph 9.3.7,in a cluster subdivision or
special residential development, it shall be considered to be one of the other types of dwelling units and
included in the calculation of the maximum development permitted based on the various impact measures.
(See subsection 9.5.4.3.)
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14 Article 29
Section 9. Residential Developments
9.6 DEVELOPMENTS WITH SIGNIFICANT PUBLIC BENEFIT(DSPB)
9.6.1 MEANING OF TERM
A development with significant public benefit (DSPB) is a cluster subdivision or a special residential
development (See subsection 9.5.) in which the Planning Board has determined that there are sufficient
benefits to the adjacent neighborhood and the town generally to warrant an increase in the maximum
development permitted.
9.6.2 OBJECTIVES
The objectives of this section are to allow additional flexibility in the standards and procedures for approval
and to provide incentives for applicants to propose a development with significant public benefit and to:
a. encourage the provision of more public facilities and services that benefit the adjacent neighborhood
and the town generally;
b. encourage types of housing that meet the needs of age groups,income groups,or persons with special
needs, that are not adequately served by large single family dwellings;
c. encourage a greater degree of review of the design features of a residential development;
d. require a higher qualitative standard:
1) of building design,and •
2) in the provision of public facilities and the provision of open space;
e. further the objectives set forth in.paragraph 9.1.1;
than would otherwise apply in the administration of zoning and subdivision regulations.
9.6.3 MAXIMUM DEVELOPMENT
9.6.3.1 MAXIMUM DEVELOPMENT INCENTIVE
The maximum development permitted in a development with significant public benefit may not exceed that
permitted in a cluster or special residential development(See subsection 9.5.4.2.)by more than 25 percent for
ANY of the following impact measures each considered separately:
a. Gross Floor Area of Dwelling Units
b. Living Area of Dwelling Units
c. Site Coverage of Dwelling Units
d. Total Number of Occupants of Dwelling Units
e. Vehicular Trip Generation from Dwelling Units
9.6.3.2 NO ENTITLEMENT TO MAXIMUM DEVELOPMENT INCENTIVE
An applicant is not entitled to the maximum development described in paragraph 9.6.3.1. The amount of
development permitted,as calculated by any of the impact measures,will be based on the Planning Board's
evaluation of the proposed development and the extent to which it complies with the criteria set forth in
paragraph 9.6.5.
9.6.4 SIGNIFICANT PUBLIC BENEFIT DEFINED
9.6.4.1 QUALIFYING SIGNIFICANT PUBLIC BENEFIT
A significant public benefit shall be a benefit to the adjacent neighborhood and the town generally as
determined by the Planning Board. In general a qualifying public benefit shall be:
1) improvements in the adjacent neighborhood similar to the required improvements on the site--such
required improvements being those identified elsewhere in this By-Law or in subsection 3.6 of the
.1
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Article 29 15
Section 9. Residential Developments •
Subdivision Regulations,such as, but not limited to, any facility, infrastructure,or restriction on the
development of land in relationship to the development of land and buildings;
2) improvements on the site that are, in the opinion of the Planning Board, well in excess of those
otherwise required;
3) restrictions on,or special design or development features of,uses and buildings permitted in the zoning
district.
A significant public benefit may be one or more of the following as determined by the Planning Board after
consultation with the board,committee,commission,department or official indicated and such others as the
Planning Board may determine:
a. preservation of a historic structure or place—with the Historical Commission and,as applicable,the
Historic Districts Commission;
b. protection of open land that is dry and otherwise developable, and potentially an important addition
to the inventory of open space in the town---with the Conservation Commission and the Recreation
Committee. All of such open land shall be accessible to the public.The type of private homeowners
association reserve,allowed in 9.3.4.3 2),from which the public could be excluded,shall not qualify;
c. provision of public recreation facilities—with the Recreation Committee;
d. installation of paths to provide pedestrian and bicycle access to open space or other public facilities•
in the adjacent neighborhood—with the Recreation Committee,the Bicycle Advisory Committee and
the Conservation Commission;
e. installation of street trees or other landscaping features within the right of way of a public street,or
a street previously approved under the Subdivision Regulations,--with the Superintendent of Parks
and Trees;
f. placement underground of electric power lines and communication lines,such as,but not limited to
telephone, security alarm and cable TV lines—with the.Town Engineer;
g. provision of housing units for low- and moderate-income households -- with LEXHAB or the
Lexington Housing Authority,and as applicable, the Human Services Committee or the Council on
Aging;
h. provision of housing units that, upon initial occupancy would cost more than low- and
moderate-income households could afford but, due to deed restrictions or other legally binding
restrictions: 1)could be afforded by households whose annual income is not greater than the median
income for the Boston Metropolitan Area, and 2) are projected to be affordable by low- and
moderate-income households within 15 years—with LEXHAB or the Lexington Housing Authority;
i. provision of housing units that are of a size or type that meet the needs of segments of the town's
population that,due to age or special needs,are not adequately served by large single family dwellings
— with LEXHAB or the Lexington Housing Authority, and as applicable, the Human Services
Committee or the Council on Aging;
j. provision of facilities for alternate transportation services that do not rely on the use of single occupant
automobiles—with the Transportation Advisory Committee.The alternate transportation services may
include a financial contribution to a service provided by the Town of Lexington,or a service provided
by others and coordinated by the Town;
k, provision of transportation facilities,such as a walk, or path,or traffic engineering improvements—
with the Town Engineer,the Transportation Advisory Committee, the Recreation Committee or the
Bicycle Advisory Committee;
1. provision of a utility or underground facility,including but not limited to water service,sanitary sewer
service, storm water management systems,or the expansion in the capacity of an existing facility or
system—with the Town Engineer.
•
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16 Article 29
Section 9. Residential Developments
9.6.4.2 IMPROVEMENTS BENEFITTING ADJACENT NEIGHBORHOOD
Qualifying improvements shall generally include those that benefit the adjacent neighborhood or are provided
on the site. If the Planning Board first determines that the type of improvements listed in 9.6.4.1. are not
needed or cannot be provided in the adjacent neighborhood,or on the site,the Planning Board may consider
instead a financial contribution to one or more Town funds established for the purposes listed in 9.6.4.1.
9.6.4.3 IMPROVEMENTS NOT QUALIFYING AS SIGNIFICANT PUBLIC BENEFIT
A significant public benefit shall not include any required improvement identified elsewhere in this By-Law
or in subsection 3.6 of the Subdivision Regulations,such as,but not limited to,any facility,infrastructure,or
restriction on the development of land in relationship to the development of land and buildings.A waiver from
the requirements of the Subdivision Regulations or of the usual requirements of this By-Law for a conventional
subdivision shall not be considered to be a significant public benefit.
9.6.5 CRITERIA FOR APPROVAL
Prior to the approval of a development with a significant public benefit,the Planning Board shall determine,
in addition to the findings and determinations required by paragraph 3.4.2 of this By-Law,and paragraph 9.5.5,
criteria for approval of a cluster subdivision or a special residential development, that the proposed
development meets the following criteria: '
a. that there are sufficient benefits to the adjacent neighborhood and the town generally to warrant an
increase in the maximum development permitted; and
b. that legally binding documents have been submitted to ensure the completion and continued
availability of any proposed improvement-or special condition that qualifies as a significant public
benefit.
9.6.6 SPECIAL PERMITS,TYPES OF HOUSING,DIMENSIONAL STANDARDS,WAIVERS
The Planning Board, acting as SPGA, and as part of the grant of a special permit with site plan review to
approve a development with significant public benefit,may also grant any of the special permits described in
subparagraph 9.5.6.
9.6.7 COMMON OPEN SPACE
The public shall have access to all common open space in a development with significant public benefit.The
provisions of paragraph 9.3.4.3 2) that allow common open space in a cluster subdivision or a special
residential development to be owned by a legal association comprised of the owners of the development,which
may exclude the public,shall not apply in a development with significant public benefit.
9.7 SPECIAL PERMITS: PROCEDURES. CRITERIA
9.7.1 SPS REQUIRED
No residential development with three or more dwelling units shall be initiated without first obtaining a special
permit with site plan review in accordance with the provisions of this section. The purpose of the special
permit with site plan review is to provide detailed review of residential developments with three or more
dwelling units which have a substantial impact upon the character of the town,adjacent residential areas and
the provision of public facilities and services.
25s
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Article 29 17
Section 9. Residential Developments
9.7.2 SPGA
The Planning Board shall be the Special Permit Granting Authority for all residential development with three
or more dwelling units except for a development in an RD district and for the conversion of a municipal
building.(See subsection 8.3.4 for a development in an RD district,where the Board of Appeals is the SPGA;
see subsection 9.8 for conversion of a municipal building,where the Board of Selectmen is the SPGA.) In
acting upon applications for special permits with site plan review, the SPGA shall be governed by the
provisions of Sections 3.4 and 3.5.
9.7.3 SPECIAL PERMIT APPLICATION REQUIREMENTS
The application to the SPGA for a special permit with site plan review (SPS) under this section shall be
accompanied by a definitive site development plan, as described in subsection 3.6 and where the Planning
Board is the SPGA, as the Planning Board may describe in its Development Regulations.
Where the applicant submits a definitive subdivision plan complying with the Subdivision Control Law and the
Planning Board's"Development Regulations", insofar as practical, the public hearing on the application for
the special permit with site plan review and the definitive subdivision plan shall be held concurrently.
9.7.4 SPECIAL PERMIT PROVISIONS
In addition to the conditions cited in paragraph 3.4.3, the SPGA may grant a special permit with site plan
review for the development of a tract of land in a residential district provided it makes a determination that
the proposed development is consistent with the standards and criteria set forth in subsection 9.5.5 and 9.6.5,
subject to the following provisions:
a. the special permit shall incorporate by reference the building design and definitive site development
plans filed with the application for a special permit;
b. that,where applicable,the special permit shall incorporate by reference,any legally binding document
that has been submitted to ensure the completion and continued availability of any proposed
improvement or special condition;
c. The SPGA may require that the amount of development be less than that shown on the definitive site
development plan if it determines that the criteria contained in subsections 9.5.5 or 9.6.5 so require.
9.7.5 DENIAL OF SPECIAL PERMIT
The SPGA may deny an application for a special permit with site plan review hereunder and base its denial
upon:
a. a failure to comply with the provisions set forth in Section 9,or
b. a finding that the proposed development would not be consistent with the general objectives for
planned residential development set forth in subsection 9.1.1,or the criteria set forth in subsections
9.5.5 or 9.6.5.
9.7.6 REVISION OF SPECIAL PERMIT
Subsequent to a special permit with site plan review granted by the SPGA under the provisions of this section,
minor revisions may be made from time to time in accordance with applicable law,by-laws,and regulations,
but the residential development with three or more dwelling units approved under such SPS shall otherwise
be constructed in accordance with the approved definitive site development plan.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 SPS
be filed, and a public hearing be held in the same manner as set forth in Section 3.5.
r {I
18 Article 29
25 1
Section 9. Residential Developments
9.8 CONVERSION OF MUNICIPAL BUILDINGS AND SURPLUS MUNICIPAL LAND
9.8.1 GENERAL OBJECTIVES
This section is intended to allow the conversion of municipal buildings and the development of land on which
they are situated and of surplus municipal land in a manner which:
a. encourages practical residential development in the reuse of existing structures;
b. is compatible with the adjacent neighborhood;
c. encourages development of economically priced housing and a variety of types of housing; and
d. fosters flexibility and creativity in the disposition of surplus municipal property.
9.8.2 MODIFIED RD PROCEDURE
The conversion of a municipal building or the development of surplus municipal land shall follow the same
procedures for the rezoning of land for the RD,Planned Residential Development,district with the following
exceptions:
a. the minimum size of the RD,Planned Residential Development, district and Minimum Area of the
Tract to be Developed specified in line 9.2.1 and in Table 2 may be less than 125,000 square feet;and
b. the Minimum Frontage of the Tract on Ari Existing Street specified in line 9.2.3 and in Table 2 may.
be less than 100 feet.
9.8.3 SPGA
The Board of Selectmen shall be the Special Permit Granting Authority."
THE FOLLOWING ARE OTHER PARTS OF ARTICLE 29
WHICH AMEND OTHER PARTS OF THE ZONING BY-LAW
All cross references in the Zoning By-Law to Section 9 or the terms in it shall be revised to show the correct
numerical reference or term.
By adding new definitions in Section 2 in the proper alphabetical sequence, as follows:
"LEXHAB:Acronym for the Lexington Housing Assistance Board created by Chapter 521 of the Acts of
1983 and appointed by the Board of Selectmen.
LIVING AREA OF ONE-FAMILY DWELLING UNIT:Total Living Area is the total of all finished area
on the first floor and above. Total Living Area does not include any area in a cellar,or basement. (See
Definitions.) Space in an attic or a half story (See Definition.)which is finished and is accessed from
permanent interior stairs,is included in the calculation of total living area."
In Table 1, Permitted Uses and Development Standards, in line 1.18 by striking out the words "planned
residential development"wherever it appears and by inserting in place thereof"residential developments with
three or more dwelling units" and by striking out subsection"9.2.3" and inserting in place thereof"9.2.2."
In paragraph 12.2.4.a. 1)by striking out the word"Third" and inserting in place thereof the word "Fifth"so
that the clause,as amended will read:"the'Trip Generation Manual,Fifth Edition'prepared by the Institute
of Transportation Engineers".
..
I 2 2
(ADJOURNED SESSION, A.T.M. , CONT. - MAY 8, 1996 )
10:02 p.m. Gloria Holland, P3, moved that Article 32 be
brought up at this time. Following a voice vote the
Moderator declared Article 32 to be before the Meeting.
ARTICLE 32 RO TO CD Waltham Street (Gravestar, Inc. )
That the Zoning By-Law of the Town of Lexington be
amended by changing the zoning district designation of
the land commonly known as Waltham Plaza from the RO, One
Indefinitely Family Dwelling, to the CD, Planned Commercial
Postponed Development district, said Property being on the west
side of Waltham Street at the boundary of the Town with
the City of Waltham.
The land to be rezoned consists of an approximately 0.8
acres site located in the RO, One Family Dwelling
district, and bounded and described as follows:
Southeasterly by Walthath" Trust and Waltham Plaza Realty
Limited Partnership and Northwesterly and Northeasterly
by land now or formerly of Lexington Ridge-Avalon, Inc. ,
said property being more fully described in metes and
bounds by a plan of the land entitled "Plan of Land in
Lexington, MA for Proposed Rezoning", dated December 27,
1995 by Hancock Survey Associates, Inc. , Danvers, MA. and
by a written metes and bounds description, copies of
which are on file with the Town Clerk.
The land in the RD, Planned Residential District,
district shall be subject to the preliminary site
development and use plan dated January 16, 1996, which
has been filed with the Planning Board and the Town
Clerk, and in accordance with the provisions of the
Zoning By-Law of the Town of Lexington.
10:02 p.m. Gloria Holland, P3, moved Indefinite
Postponement.
10:03 p.m. Richard Canale, Planning Board, stated that
the Board favored postponement.
Following a voice vote at 10:04 p.m. , the Moderator
declared unanimous passage of the motion to indefinitely
postpone.
10:04 p.m. James Barry, P1 , served Notice of
Reconsideration.
ARTICLE 12 TOM BUILDING ENVELOPE PROGRAM
MOTION: That the sum of $85,000 be appropriated for
remodeling, reconstructing and making
Adopted - extraordinary repairs to Town buildings, and
See below that such amount be raised in the tax levy.
10:04 p.m. Presented by Selectman Dailey.
10:07 p.m. David Miller, Capital Expenditures, stated
approval.
10:09 p.m. Paul Lapointe, Appropriations Committee,
stated unanimous approval.
Following a voice vote at 10: 11 p.m. , the Moderator
declared the adoption of the motion.
Notice of Reconsideration on Article 12 was served by
25:k
(ADJOURNED SESSION, A.T.M., CONT. - MAY 8, 199J
Karen Dooks.
10:12 p.m. Dan Fenn, Board of Selectman, moved that
Article 16 be brought up at this time. Following a voice
vote the Moderator declared Article 16 to be before the
Meeting.
ARTICLE 16 COUNCIL ON AGING SENIOR CENTER
AIR QUALItY
MOTION: That the sum of $60,000 be appropriated for
improving air quality and for air conditioning
Adopted -
the Senior Center and for purchasing equipment
See below
.in connection therewith, and that $60,000 be
transferred from the Unreserved Fund Balance.
10:17 p.m. Presented by Selectman Fenn who state
unanimous Board approval.
10:17 p.m. Clark Cowen, COA, stated support.
10:18 p.m. Ronald Grammont, Capital
Expenditures
Committee, stated unanimous approval.
10:20 p.m. Paul Lapointe, Appropriation Committee, stated
unanimous approval.
Following a voice vote at 10:21 p.m. , the Moderator
declared adoption of the motion.
10:21 p.m. Notice of Reconsideration on Article 16 was
served by Karen Dooks.
ARTICLE 17 FIRE ENGINE PURCHASE
MOTION: That the sum of $262,150 be appropriated for
the purchase of a new fire engine, and that Adopted -
$262,150 be transferred from the Unreserved Seep. 254
Fund Balance.
10:21 p.m. Presented by Selectman Busa.
10:24 p.m. Chankey. Touart, Capital Expenditures
Committee, stated unanimous support and opposition to
bonding.
10:25 p.m. Paul LaPointe, Appropriation Committee, stated
support.
10:25 p.m. Dawn McKenna, P9, made the following
amendment:
the sum of $262,150 be appropriated
for the purchase of a new fire engine;
and that to meet this appropriation
the Treasurer, with the approval of
the Selectmen, is authorized to borrow
$262,150 under G. L. c.44, sect. 7
(9) .
Discussion followed.
Following a voice vote at 10:42 p.m. , the Moderator
declared the amendment offered by Mrs. McKenna not
adopted.
Following a voice vote at 10:42 p.m. , the Moderator
254
(ADJOURNED SESSION, A.T.M. , CONT. - MAY 8, 1996A
declared adoption of the motion offered by Mr. Busa.
10:42 p.m. Notice of Reconsideration on Article 17 was
served by Karen Dooks.
10:43 p.m. Robert Rotberg stood for a Privileged Motion
to adjourn to Monday, May 13, at 7:30 p.m.
Following a voice vote, at 10:43 p.m. , the Moderator
declared the Meeting not adjourned. Sufficient members
stood to doubt the vote and the Moderator called, for a
standing vote which was tallied as follows:
Precinct Yes No Abstain •
.,
1 9 3
2 10 2
3 5 7
4 " 6 8
5 10 6
6 9 5
7 4 - 9
8 5 11
9 8 10
At large 6 14
Totals 72 75
The Moderator declared that the Meeting was not adjourned
and Article 18 would be before the Meeting.
ARTICLE 18 PURCHASE FIRE EQUIPMENT
MOTION: That the sum of $60,000 be appropriated to
replace self-contained breathing apparatus and
Adopted - other fire department equipment, and that such
See below amount be raised in the tax levy.
10:49 p.m. Presented by Selectman Busa.
10:49 p.m. Chankey Touart, Capital Expenditures
Committee, stated unanimous support.
10:49 p.m. Paul Lapointe, Appropriation Committee, stated
unanimous support.
Following a voice vote at 10:49 p.m. , the Moderator
declared adoption of the motTon.
10:50 p.m. Notice of Reconsideration on Article 18 was
served by Karen Dooks.
10:50 p.m. Leo McSweeney, Chairman of the Board of
Selectmen, moved that the meeting be adjourned until
Monday, May 13, 1996, at 7:30 p.m. , in Cary Hall.
Following a voice vote at 10:50 p.m. , the Moderator
declared the meeting to be adjourned.
,----, /
A true copy.
/ <:-
Attest: \. ).-0-4-71-..--e_e Al -7(--c-,6,,,e
Bernice H. Fallick, Town Clerk
255
ADJOURNED SESSION - 1996 ANNUAL TOWN MEETING
MAY 13, 1996
The meeting was called to order by Moderator Margery M.
Battin, at 7:30 p.m. , in Cary Memorial Hall.
A quorum was present.
The Moderator outlined the procedures for the evening.
ARTICLE 14 LIBRARY CONSTRUCTION
MOTION: That the sum of $7,850,0O0 be appropriated to
construct, originally equip and furnish an
addition to and remodel, reconstruct and make
extraordinary ' repairs to Cary Memorial
Library, and to purchase additional library
_ equipment including computer . hardware and
software; that to meet this appropriation the Passed
Treasurer, with the approval of the Selectmen, Seep. 256
is authorized to borrow $7,850,000 under
G.L.c.44,§7; that the Board, of Library
Trustees with the approval of the Selectmen
are authorized to apply for, accept and expend
any federal or other grants or donations that
may be available for this project provided
that the amount of the authorized borrowing
shall be reduced by the amount of such aid
received prior to the issuance of bonds or
notes under this vote; and that the Permanent
Building Committee is authorized to take all
action necessary to carry out this project.
7:40 p.m. Presented by Selectman Fenn who indicated
unanimous Board support.
Rev. Dr. Peter Meek, Chairman of the Board of Library
Trustees, and Carol Mahoney, Director, outlined the
proposal.
8:06 p.m. Ronald Grammont, Capital Expenditures
Committee, stated unanimous support.
8:07 p.m. Roger Borghesani, Appropriation Committee,
stated unanimous support.
There was further discussion. The Town is being asked to
fund 1/3, with grants and donations being the remainder
of the amount. No bonds will be signed unless the
remainder of the money is received.
8:46 p.m. Jeanette Webb, P4, Amoved the question.
Following a voice vote as to whether the question should
be put, the Moderator declared the main question to be
before the Meeting.
Following a voice vote at 8:46 p.m. which was not
unanimous, the Moderator called for a standing vote which
was tallied as follows:
Precinct Yes No Abstain
1 15 0
2 14 0
3 10 3
4 15 0
5 17 0
6 17 0
7 14 2
8 14 1
9 17 1
256
(ADJOURNED SESSION, A.T.M. , CONT. - MAY 13, 1996)
At large 18 0
Totals 151 7
8:49 p.m. The Moderator declared passage of Article 14.
8:50 Notice of Reconsideration on Article 14 was served
by Roger Borghesani.
ARTICLE 15 • MINUTEMAN LIBRARY NETWORK
MOTION: .That the sum of $68,000 be appropriated to
enable Cary Memorial Library to join Minuteman
Adopted Library Network, and that such amount be raised
See below in the tax levy.
8:50 p.m. Presented by Selectman Eddison who stated
unanimous Board support.
8:55 p.m. Ronald Grammont, Capital Expenditures
Committee, stated support.
8:55 p.m. Mary Miley, Appropriation Committee, stated
unanimous support.
9:04 p.m. John Hayward, P5, called the question.
Following a voice vote, the Moderator declared the main
question to be before the Meeting.
Following a voice vote at 9:05 p.m. , the Moderator
declared unanimous adoption of Article 15.
9:13 p.m. Notice of Reconsideration on Article 15 was
served by Karen Dooks.
ARTICLE 21 MISCELLANEOUS SCHOOL ARTICLE
MOTION: That the sum of $2,210,000 be appropriated for
remodeling, reconstructing and making
extraordinary repairs to school buildings and
for the purchase of additional equipment
therefor; that to meet this appropriation the
Adopted - Treasurer with the approval of the Selectmen is
See p. 257 authorized to borrow $2,210,000 under G.L.
c.44, §7 or Chapter-645 of the Acts of 1948 as
amended; and that the Permanent Building
Committee is authorized to take all action
necessary to carry out this project.
9:06 p.m. Presented by Mary Neumeier, School Committee.
9:14 p.m. Fred Rosenberg, School Committee, continued
with information.
9:16 p.m. Jane Pagett, Appropriation Committee, stated
unanimous support.
9:21 p.m. Karen Dooks, Capital Expenditures Committee,
stated unanimous suppoct and made the foltowing motion:
that the figure $2,210,000 as it
appears in the motion under Article 21
be amended to read $2,000.000
257
(ADJOURNED SESSION, A.T.M. , CONT. - MAY 13, 1996)
9:24 p.m. Mr. Rosenberg stated unanimous opposition of
the School Committee to the amendment.
9:26 p.m. Mrs. Pagett stated Appropriation Committee
opposition to the amendment.
9:26 p.m. Selectman McSweeney stated majority support
for the amendment by the Board.
Following a voice vote at 9:33 p.m. , the Moderator
declared the motion offered by Mrs. Dooks not adopted.
Discussion continued.
9:49 p.m. Sheldon Spector, P6, moved the question.
Following a voice vote, the Moderator declared the main
question to be before the Meeting.
Following a voice vote at 9:50 p.m. , the Moderator
declared Article 21 to have been unanimously adopted.
9:50 p.m. Notice of Reconsideration on Article 21 was
served by Karen Dooks.
9:51 p.m. Selectman Fenn moved that Article 23 be
brought up at this time.
ARTICLE 23 BUCKMAN TAVERN REPAIRS
MOTION: That the sum of $20,000 be appropriated to make
extraordinary repairs to Buckman Tavern, and Adopted -
that such amount be transferred from the See below
Unreserved Fund Balance.
9:52 p.m. Presented by Selectman Fenn who stated
unanimous Board approval.
9:56 p.m. Tom Taylor, Lexington Historical Society
Council member stated that routine maintenance is
performed by the Society with the Town doing major
repairs.
9:59 p.m. Mary Miley, Appropriation Committee, stated
support.
Following a voice vote at 9:59 p.m. , the Moderator
declared unanimous adoption of Article 23.
9:59 p.m Notice of Reconsideration on Article 23 was
served by Mrs. Miley.
9:59 p.m. Selectman McSweeney moved to take up Article
25 at this time. Following a voice vote, the Moderator
declared Article 25 to be before the Meeting.
ARTICLE 25 WINNING FARM
10:00 p.m. Selectman McSweeney moved that Article 25 be
Indefinitely Postponed. IPP
Following a voice vote at 10:00 p.m. , the Moderator
declared unanimous adoption of the motion to Indefinitely
Postpone.
25Z
(ADJOURNED SESSION, A.T.M. , CONT. - MAY 13, 19911
10:00 p.m. Selectman Eddison moved to take up Article
35 at this time. Following a voice vote, the Moderator
declared Article 35 to be before the Meeting.
ARTICLE 35 WOOD STREET LAND/MINUTEMAN NATIONAL PARK
MOTION: That the discontinuance of
Old Wood Street, so-balled, as
described in the article, is hereby
reconfirmed and that the Selectmen be
and they hereby are authorized to
Adopted - convey the Town's interest in the land
See below described in the article to the Minute
Man National Historical Park for one
dollar and on such other terms as the
Selectmen may determine.
10:01 p.m. Presented by Selectman Eddison.
10:04 p.m. Richard Canale, Planning Board, stated
support.
10:07 p.m. Nancy Nelson, Superintendent of the Minute
Man Park, presented information.
Following a voice vote at 10:11 p.m. , the Moderator
declared unanimous adoption of Article 35.
10:12 p.m. Leo McSweeney, Chairman of the Board of
Selectmen, moved that the meeting be adjourned until
Wednesday, May 15, 1996, at 7:30 p.m. , in Cary Hall.
Following a voice vote at 10:12 p.m. , the Moderator
declared the meeting to be adjourned.
A true copy.
-<-1)
Attest:
Bernice H. Fallick, Town Clerk
.:.
251
ADJOURNED SESSION -- 1996 ANNUAL TOWN MEETING
MAY 15, 1996
The meeting was called to order by Moderator Margery M.
Battin, at 7:30 p.m. , in Cary Memorial Hall.
A quorum was present.
7:30 p.m. The Moderator declared a recess. Andrew
Friedlich, Chairman of the Town Meeting Members
Association, declared the intent to honor Bernice (Bebe)
Fallick, Town Clerk, on her resignation after ten years
of service as Clerk. Gifts, resolutions, and kind words
were offered by the State Represeweative, Town Manager,
Senior Staff Members, Conservation Chair, Town Moderator,
Town Counsel, TMMA Officers. Selectman Leo McSweeney
read the following resolution:
RESOLUTION
Whereas: Town Clerk Bernice "Bebe" Fallick will be
leaving her position after the dissolution of this Town
Meeting; and
Whereas: Bebe has served the Town of Lexington a•s its
Town Clerk over the past ten years with the highest
skill, professionalism, integrity, caring and wit; and
Whereas: Bebe has continued to pursue her cultural,
historical and ecological interests; and
Whereas: Bebe has promised to keep up her dedicated
service to the town in a volunteer capacity; and
Whereas: Bebe has followed a tradition of successfully
nurturing the Town Clerk's operation into a well run,
efficient office of the Town; and
Whereas: Bebe has, over the years, amassed an incredible
number of admiring friends, constituents and elected
officials;
Now Therefore: Be it resolved that we hereby give Bebe
our sincere thanks, applause and well wishes;
And Further. That these proceedings be recorded in the
permanent records of the Town of Lexington.
Given under our hands this fifteenth day of May, 1996.
Leo P. McSweeney; William J. Dailey, Jr. ; Daniel P. Busa,
Jr. ; Dan H. Fenn, Jr. ; Elizabeth B. Eddison -- Selectmen
of Lexington
The Moderator called the Meeting to order at 7:55 p.m.
ARTICLE 2 REPORTS
8:01 p.m. Paul Hamburger, Long Range Planning Committee,
spoke of a long term plan into which an operating plan
can fit, and meetings with the School Committee and Board
of Selectmen.
Joyce Miller, Chairman of the Conservation Commission,
urged the return of the Open Space and Recreation Survey.
8:07 p.m. Mrs. Miller moved that Article 24 be brought up
at this time. Following a voice vote, the Moderator
declared Article 24 to be before the Meeting.
r...y..s
ti
(ADJOURNED SESSION, A.T.M. , CONT. - MAY 15, 1996)
ARTICLE 24 LAND ACQUISITION/AUGUSTA PROPERTY
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 Conservation commission, for conservation
purposes including outdoor recreation as
provided by Section 8C of chapter 40 of the
General Laws, any fee, easement or
conservation restriction as defined in Section
Adopted - 31 of Chapter 184 of the General Laws or other
See below interest in all or any part of land shown as
Lot 84 on Assessors' Property Map 30, now or
formerly of Augusta; that the sum of $150,000
be appropriated for such land acquisition;
that to raise this amount the Treasurer with
the approval of the-Selectmen be authorized to
borrow $150,000 under G.L.c.44, s7(3) as
amended; and that the Selectmen be authorized
to .apply for, accept, expend and borrow in
anticipation of federal and state aid that may
be available for the project, including any
grant from the Division of Conservation
Services of the Executive Office of
Environmental Affairs, under the Self-Help
Act, G.L.c.132A,s11.
8:07 p.m. Presented by Joyce Miller, Conservation
Commission.
8:13 p.m. David Williams continued.
8:16 p.m. Selectman Dailey explained the bankruptcy
aspect and LexHab's desire to develop a lot at the end of
Spencer Street.
8:23 p.m. Ronald Grammont, Capital Expenditures
Committee, stated approval.
8:23 p.m. Ronald Colwell, Appropriation Committee, stated
support.
8:25 p.m. Marshall Derby, LexHab, stated that the
$125,000 needed to build a two family house on Spencer
Street has been voted. The intent is to build the house
or if not possible to sell the lot at market value.
8:30 p.m. John Hayward, P5, called the question.
Following a voice vote, the Moderator declared the main
question to be before the Meeting.
Following a voice vote at 8:30 p.m. , the Moderator
declared unanimous adoption of Article 24.
8:32 p.m. Notice of Reconsideration on Article 24 was
served by David Miller.
1, 61
(ADJOURNED SESSION, A.T.M. , CONT. - MAY 15, 1996)
ARTICLE 22 LAND ACQUISITION/WOBURN STREET
MOTION: That the Selectmen be authorized to acquire by
purchase, eminent domain or otherwise the land shown as
Lot 201 on Assessors' Property Map 48 and known as 10
Woburn Street, now or formerly of Humble Oil and Refining Adopted -
Co. , for municipal purposes and be authorized to make See below
site improvements in connection therewith; that to raise
this amount the Treasurer with, the approval of the
Selectmen be authorized to borrow $275,000 .under
G.L.c.44,s7(3) as amended.
8:31 p.m. Presented by Selectman Dailey who explained the
request was for the authority to spend upto $275,000 if
necessary and that all hazardous liability remains
Exxon's responsibility.
8:37 p.m. Jacqueline Davison stated that the Planning
Board supported a bond issue to purchase the site-.
8:39 p.m. Ronald Grammont, Capital Expenditures
Committee, stated majority support.
8:39 p.m. Ronald Colwell, Appropriation Committee, stated
majority support.
There were comments for and against.
9:06 p.m. Marshall Derby, P6, moved the question.
Following a voice vote, the Moderator declared the main
question to be before the Meeting.
The Moderator called for a standing vote which was
tallied as follows:
Precinct Yes No Abstain
1 8 7
2 10 8
3 10 4
4 13 3
5 16 2
6 11 7
7 12 2
8 12 5
9 7 10
At large 14 1
Totals 113 49
9:10 p.m. The Moderator declared adoption of Article 22.
9:11 p.m. Notice of Reconsideration on Article 22 was
served by David Miller.
ARTICLE 36 ACCEPTANCE OF QUINN BILL
MOTION: That the Town accept Section 108L of Chapter 41 Adopted -
of the Massachusetts General Laws. See p. 262
9:11 p.m. Presented by Selectman Eddison who stated
unanimous support of the Board of Selectmen.
9:20 p.m. Robert Leone, Appropriation Committee, stated
support.
U
(ADJOURNED SESSION, A.T.M. , CONT. - MAY 15, 1996)
Following a voice vote at 9:34 p.m. , the Moderator
declared adoption of Article 36.
9:34 p.m. Notice of Reconsideration on Article 36 was
served by Mr. Leone.
9:35 p.m. Selectman Dailey moved Reconsideration of
Article 5. Following a voice vote as to whether Article
5 should be reconsidered, the Moderator declared that
Article 5 would be reconsidered.
ARTICLE 5 SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL
YEAR (FY96)
Selectman Dailey made the following motion:
MOTION: To amend the motion made under Article 5 so that
Adopted the amount for Line Item:* 1100 Lexington Public Schools
as amended - reads $456,000.
See below
Selectman Dailey explained the need to put back money for
the school 3 for 1 problem.
9:38 p.m. Jane Pagett, Appropriation Committee, stated
approval.
Following a voice vote at 9:38 p.m. , the Moderator
declared the amendment offered by Mr. Dailey to be
unanimously adopted.
Following a voice vote at 9:39 p.m. , the Moderator
declared adoption of Article 5 as amended.
9:39 p.m. Ephraim Weiss, P5, moved Reconsideration of
Article 12.
9:45 p.m. Selectman Dailey stated the Board did not
support Reconsideration.
Following a voice vote at 9:47 p.m. , the Moderator
declared that Article 12 would not be reconsidered.
9:47 p.m. Donald Chisholm, Recreation Committee, moved
Reconsideration of Article 4, *line item 5200 Recreation
Department. Sandra Shaw presented information.
9:52 p.m. Nyles Barnert stated his intent to then move
for Reconsideration of line item 1200 Minuteman School.
9:57 p.m. Selectman Dailey stated unanimous support of
the Recreation Department's request to Reconsider.
The Moderator called for a standing vote which was
tallied as follows:
* so that he would be able to amend
263
(ADJOURNED SESSION, A.T.M. , CONT. - MAY 15, 1996)
Precinct Yes No Abstain
1 11 4
2 10 5
3 11 6
4 9 5
5 10 8
6 2 14
7 10 /
8 11 8
9 9 8 •
At large 8 7
Totals 91 72
10: 16 p.m. The Moderator declared Article 4 to be
Reconsidered and to be before the Meeting.,
10:20 p.m. Mr. Chisholm made the following motion:
AMENDMENT TO ITEM 5200 - RECREATION DELETE ENTERPRISE
FUND PAYMENT IN LIEU OF TAXES OF $50,000
MOTION: that Item 5200 Recreation
Department be amended to read: Not adopted -
$645,487 (And to raise such amount See below
$645,4887 be transferred from the
Recreation Enterprise Fund) .
10:20 p.m. Roger Borghesani, Appropriation Committee,
stated that the Committee did not support the amendment.
10:24 p.m. Ronald Grammont, Capital Expenditures
Committee, stated approval.
10:24 p.m. Selectman McSweeney stated unanimous approval
of the amendment.
The Moderator called for a standing vote which was
tallied as follows:
Precinct Yes No Abstain
1 9 8
2 10 5
3 8 8
4 11 . 4
5 5 13
6 1 15
7 8 9
8 8 10
9 8 9
At large 9 6
Totals 77 87
10:38 p.m. The Moderator declared the amendment offered
by Mr. Chisholm not adopted.
10:39 p.m. Nyles Barnert made the following motion:
MOTION: that Line item 1200 be changed to $432,919 from Not adopted -
$424,087. See p. 264 '
1 4:J4'
(ADJOURNED SESSION, A.T.M. , CONT. - MAY 15, 1996)
10:41 p.m. Robert Leone, Appropriation Committee, stated
unanimous opposition.
10:57 p.m. Sheldon Spector,P6, moved the question.
Following a voice vote as to whether the amendment should
be put, the Moderator declared the amendment to be before
the Meeting. Following a voice vote at 10:57 p.m. , the
Moderator declared the amendment offered by Mr. Barnert
not adopted.
Following a voice vote at 10:58 p.m. on Article 4, the
Moderator declared adoption. •
10:58 p.m. Donald Chisholm moved Reconsideration of
Article 33.
Discussion and presentation by the Butlers followed
indicating that the passage of Article 29 had affected
their position.
11:16 p.m. Jonathan Lederman, P7., moved the question.
Following a voice vote as to whether the main question
should be put, the Moderator called for a standing vote
which was tallied as follows:
Precinct Yes No Abstain
1 7 8
2 7 5
3 8 9
4 11 4
5 15 3
6 7 8
7 9 5
8 10 7
9 14 4
At large 9 5
Totals 97 58
11:20 p.m. The Moderator declared Article 33 to be
before the Meeting.
ARTICLE 33 CS to RS, Marrett Road (Butler)
MOTION: That the Zoning By-Law of the Town of Lexington
be amended by changing the zoning district designation of
the land commonly known as the Lawless Motors property Adopted -
from CS, Service Business to RS, One Family Dwelling, See p. 265
said Property being 577-581 Marrett Road (Rt. 2A) next to
the Shell Gas Station near the intersection of Lincoln
Street & Marrett Road.
The land to be rezoned consists of an approximately 1.62
+/- acre site located in the CS, Service Business
district and bounded and described as follows: Northerly,
by land N/F of the Kieran J. Lowry Trust, Northerly again
by lands of said Lowry Trust, MeMenimem, Grossi, and
Timberlake, Easterly by lend of Cheelly, Easterly again by
land of the Town of Lexington. Southerly by Lands of
Butler Realty Trust Two and Osgood, Westerly by Marrett.
Road, and Westerly again by Marrett Road said property
being more fully described in metes and bounds by a plan
of the land dated February 8, 1996 by Noonan & McDowell,
Inc. , Billerica, MA, and by a written metes and bounds
265
(ADJOURNED SESSION, A.T.M. , CONT. - MAY 15, 1996 )
description, copies of which are on file with the Town
Clerk.
11 :23 p.m. Richard Canale, Planning Board, stated
support because of the higher likelihood of cluster
zoning.
11:31 p.m. Jonathan Lederman, P7, moved the question.
Following a voice vote, the Moderator declared the motion
to be before the Meeting.
11:32 p.m. Mr. Butler stated his intent to use cluster
zoning.
11:33 p.m. The Moderator called for a standing vote which
was tallied as follows:
Precinct Yes No Abstain
•
1 9 6
• 2 7 5
3 9 6
4 12 2
5 14 2
6 8 5
7 12 5
8 11 6
9 14 2
At large 9 5
Totals 105 44
11:35 p.m. The Moderator declared Article 33 adopted.
ARTICLE 40 USE OF FUNDS TO REDUCE TAX RATE
MOTION: that the sum of $799,506 be
appropriated to reduce the tax levy Adopted -
for the fiscal year beginning July 1,
1996, and that such amount be See below
transferred from the Unreserved Fund
Balance.
11:36 p.m. Presented by Selectman McSweeney.
11 :36 p.m. Mary Miley, Appropriation Committee, stated
support.
Following a voice vote at 11:37 p.m. , the Moderator
declared unanimous adoption of Article 40.
11:38 p.m. Leo McSweeney, Chairman of the Board of
Selectmen, moved that the Meeting be dissolved.
Following a voice vote at 11:38 p.m. , the Moderator
declared the Meeting to be dissolved.
A true copy.
Attest:
Bernice H. Fallick
Town Clerk
Appointed by Town Manager Richard J. White, Donna M. Hooper was
sworn in as Town Clerk on August 19, 1996 by Joseph A. Campbell,
Justice of the Peace.