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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 241 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. :. :. ....E .. ,I.-...-..h..._ ...,.._......................... <...,.... - - -. ...- . -..-.. s >... 5 , r -.. i -... _.sz. ... . ,5 3...r.. ....A3 -!F zVLYv>:.-:,.. .....-.,. 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. _ ,s:?i n ,usi'i• '.J.... .o,-, i -.env ,r.. 3.e.rx x. , r rt r n E a..,E :v s <e 2 r E , tE> .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.) 2 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 r+:+•_---.- -�@,y...... _ I ,x.-::.N-- ..3:'.:., l-'.i.ul r:,.::,1, ,:i,..,:A,s.. x.a,:ry .,<...'r, .x cs'u.' .n r.�i,.s-„t 1E.._,,::.. v.. ..n. , ifl..,1, r f 1 F 3 F-.k • Zpi,o . 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. • 24s,\ 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 • 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.