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HomeMy WebLinkAbout1983-03-07 to 1983-05-16-ATM-min 2 c ANNUAL TOWN MEETING - APRIL 4, 198 The meeting was called to order in Cary Memorial Hall at 8 P.M. by the Moderator, Lincoln P. Cole, Jr. and was immediately recessed, subject to the call of the Chair. The meeting was reconvened at 8:07 P.M. There were 189 Town Meeting Members present. The invocation was offered by Rev. Walter H. Cuenin, Associate Pastor of the Sacred Heart Church. 8:08 P.M. The warrant was read by the Town Clerk, Mary R. McDonough, until further reading was waived by the meeting. 8 :09 P.M. The Town Clerk read the Constable's Return of the warrant. 8:09 P.M. The Moderator announced that Article 2 would he open throughout the meeting. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES Article 2. William J. Dailey, Jr., Chairman of the Appropriation Committee, moved that the Interim Report of the Appropriation Committee be accepted and placed on file. Adopted unanimously. 8 :10 P.M. James F. Crain, Chairman of the Board of Selectmen, moved that the report of the Committee on Cary Lectures be accepted and placed on file and the Committee discharged. Adopted unanimously although no written report was filed at this time. 8:10 P.M. (Written and signed report filed in the Town Clerk's Office on April 26, 1983.) James F. Crain moved that the report of the Town Manager be accepted and placed on file. Adopted unanimously. 8 :10 P.M. Article 3. Presented by James F. Crain. 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 Farn- ham and Suzanna E. Cary for the current year. Adopted unanimously. 8:12 P.M. Article 4. Presented by Stephen Michael Politi. ASSESSORS - BLIND EXEMPTION MOTION: That the Town accept Clause Thirty- seventh A of Section 5 of Chapter 59 of the General Laws. � 8:12 P.M. (Ch. 59, Sec. 5, Clause 37A - CERTAIN REAL PROPERTY OF CERTAIN BLIND PERSONS) Adopted by voice vote. 8:13 P.M. (For the first time, the town meeting was taped by Adams - Russell Ca.blevision to be shown on cable television on the night following the meeting. Television cameras and the bright lights were observed during the meetihg with the except- ion of the times that slides were being shown and the hall had to be in darkness.) .. _ 20S (Annual T own Meeting - April 4 1 983.) Article 5. RETIREMENT BOARD INDEMNIFICATION Presented by James F. Crain. MOTION: That the Town accept Section 20A of Chapter 32 of the General Laws. 8:13 P.M. (Ch. 32, Sec. 20A - INDEMNIFICATION OF MEMBERS OF RETIREMENT BOARDS FOR DAMAGES ARISING FROM OFFICIAL DUTIES.) Mr. Crain stated that the Board of Selectmen unanimously support this motion. Adopted unanimously. 8 :14 P.M. Article 6. SCHOOL FOUNDATION The motion under Article 6 was presented by Patricia A. Swanson but read by the Moderator as follows: (As MOTION: That the Selectmen be and they hereby are authorized to adopted) petition the General Court for an act to permit the School Depart- ment to establish a revolving fund for receipts derived from the sale or licensing of materials and productions and from services in connection therewith. 8:14 P.M. William W. Welch, Jr., Precinct 2 Town Meeting Member, gave written notice that he would abstain from voting on Article 6. James C. Beck, School Committee Member, was recognized at the request of Patricia A. Swanson, also a School Committee Member, and he voiced the support of his committee in regards to the motion under Article 6. 8:18 P.M. William J. Dailey, Jr. stated that the Appropriation Committee recommended unfavorable action on this article, adding that all _ departments generate funds and he does not want to encourage other departments to have revolving funds. 8:20 P.M. Frank Sandy and Gerald L. Abegg voiced support while Renee Cochin spoke in opposition. 8:26 P.M. Main motion, as presented by Mrs. Swanson, declared adopted by voice vote. 8:26 P.M. Article 7. AUTHORIZE SPECIAL LEGISLATION TO ALLOW TAX LEVY TO GO TO 22% Margery M. Battin moved. to postpone Article 7 until. after Article 51. 8 :27 P.M. Mrs. Battin added that she felt it was premature to vote on Article 7 before they know what local aid distribution will be etc. It is believed that this information will be available in May. 8:30 P.M. Town Manager, Robert M. Hutchinson, Jr.', was recognized and he stated that when this,artipl is acted upon, he would bring an estimate of a five e r,p aa� ya�p an outline of major expenses and he will have a handout - at that time. 8:32 P.M. Mrs. Battin's motion to postpone Article 7 until after Article 51 was declared adopted unanimously. 8 :35 P.M. (See Pages 271 and 272) (Annu To wn Me - April 4, 1983.) Article 8. AUTHORIZE SPECIAL LEGISLATION TO AMEND SELECTMEN -TOWN MANAGER ACT Stephen Michael Politi moved that this article be tabled which was declared adopted by voice vote. 8:37 P.M. (See Pages 234 and 235.) Article 9. AUTHORIZE SPECIAL LEGISLATION CREATE HOUSING ASSISTANCE BOARD Margery M. Battin moved that Article 9 be postponed to Wednesday evening, April 6. 8:37 P.M. Mrs. Battin stated that the Selectmen have not come to an agree- ment regarding the charge to LEXHAB. 8:38 P.M. Arthur C. Smith and Julian J. Bussgang both expressed the desire for a written and not an oral report when the Selectmen do come to an agreement. 8:42 P.M. Mrs. Battin answered that it was not physically possible to have a written report for Wednesday as the Board does not meet until 7 P.M. on that evening. She added that town meeting would decide if it wished town meeting to be extended in order that this report (written) could be available before the vote on Article 9. 8:43 P.M. James M. McLaughlin, a member of the Lexington Housing Authority, stated that the Housing Authority would like to have this article taken up in May and would like to have a written report. 8:45 P.M. William J. Scouler moved to amend: moved to postpone this article until the first session of this meeting in the month of May. 8:50 P.M. Mrs. Battin explained that the Selectmen felt that there was an urgency in:regards to this article, the reason for the postponement date of April 6, but they would be comfortable with the May post - ponement if Town Meeting Members wish it. 8:51 P.M. Mr. Scouler's motion to amend to postpone until the first session of this meeting in the month of May was declared adopted by voice vote. 8:53 P.M. Main motion, as amended, declared adopted by voice vote. 8:54 P.M. (The motion, as adopted, postpones action on Article 9 until the first session of this meeting in the month of May.) (See Pages 235 and 272) Article 10. TRANSFER OF TOWN OWNED LAND TO CONSERVATION Presented by Angela E. Frick. (As, MOTION: That the Conservation Commission be authorized to purchase adopted) or otherwise acquire, and the Selectmen be authorized to take by eminent domain, upon the written request of the Conservation Commission, and that the Selectmen be authorized to transfer, for conservation purposes including outdoor recreation as provided by Section 8C of Chapter 40 of the General Laws, as amended, any fee, easement or conservation restriction as defined in Section 31 of Chapter_ 184 of the General Laws, or other interest in all or any part of land shown as Lot 19 on Assessors' Property Map 58. 8:55 P.M. Mrs. Frick showed a slide of the location and gave a short explanation. 9 P.M. w„ Y _sa +_. .(Annual Town Meeting - A pril 4, 1983.) Article 10. Jacquelyn R. Smith, Chairman of the Planning Board, filed the (Cont.) Report of the Planning Board which stated that the Planning Board is not in favor of transferring the so- called "Poor Farm" land to the Conservation Commission at this time, although it is one of the few publicly owned open spaces in that neighborhood. 9 P.M. Jacquelyn R. Smith presented a substitute motion as follows: MOTION: That the transfer of the "poor farm" land be deferred at least until the Planning Board has adopted a land use plan. 9 :02 P.M. Mrs. Smith explained in her short explanation that she was not speaking in opposition of the main motion but that this is a procedural point at this time. 9:04 P.M. Mrs. Smith asked for the unanimous consent of the meeting to delete the words "at least" from her substitute motion but an objection was raised by Ephraim Weiss, therefore the words were not deleted. 9:05 P.M. Charles E. Connolly, Jr. recommended action on the main motion at this time and Ephraim Weiss urged defeat of the substitute motion and. favorable action on the main motion. 9:10 P.M. Earnest J. Johnson, a resident at 75 Cedar Street for twenty years, urged passage of the main motion. Speaking from the balcony, Mr. Johnson told how his seven children had played on this land, keeping them off the street and safe from being hit by automobiles. 9 :13 P.M. Stephen Michael Politi stated that four members of the Board of Selectmen were unable to support the Conservation Commission on this article. 9:15 P.M. Manfred P. Friedman and Paul W. Marshall both favored the main motion. Mr. Marshall said that the land should be conservation land as that is what it actually was. 9 :17 P.M. Mrs. Smith's substitute motion was declared lost by voice vote. 9:18 P.M. Frank I. Michelman moved that Article 1.0 be indefinitely post- poned but this motion was declared lost by voice vote. 9:18 P.M. Mrs. Frick said that the Conservation Commission felt that it had a commitment to the neighborhood. It is a thickly settled neighborhood and this is the only open land and she hoped that this small piece of land would be voted as conservation land. 9:20 P.M. James M. McLaughlin felt that a portable house lot would be appropriate but Mrs. Frick answered that the land was wet and swampy. 9:23 P.M. In answer to Marian C. Reilly's question "If the lot is buildable, could it be taken out of conservation? Norman P. Cohen, Town Counsel stated that it would take a two - thirds vote of the legislature. 9:26 P.M. Main motion, as presented by Mrs. Frick, declared adopted unanimously. 9:26 P.M. James M. McLaughlin served notice of reconsideration of Article 10. 9:26 P.M. (Annual Town Meeting - April 4, 1983.) 9 ,. Article 11. TRANSFER OF SCHOOL PROPERTY Paul Newman moved that Article 11 be tabled which was adopted unanimously. 9:27 P.M. (William W. Welch, Jr. gave written notice that he would abstain from voting on Article 11.) (See Pages 270 and 271) Article 12. ZONING BY -LAW TECHNICAL CORRECTIONS Presented by Karsten Sorensen. MOTION: That the Zoning By -Law of the Town be amended as set forth in the article. 9:27 P.M. (Article 12 as set forth in the article: To see if the Town will vote to amend the Zoning By -Law as follows: a. In SECTION 2, in the fourth line of the definition of REAR LINE OF A LOT, by striking the words "building inspector" and substituting in place thereof the words "building commissioner ", and b. 1) In paragraph 4.5.3, by adding the words "or as duly amended from time to time thereafter" after the words "effective June 1, 1978" as they appear in two places. 2) In sub - paragraph 9.6.4a, by adding the words "or as duly amended from time to time thereafter" after the words "effective June 1, 1978 "; and C. In sub - ,paragraph 8.3.3e, by striking the word "proces" and substituting in place thereof the word, "process," and d. In sub - paragraph 8.3.4e, by striking the word "suffieiently" and substituting in place thereof the word "sufficiently";) Karsten Sorensen filed the report of the Planning Board on Article 12. 9:27 P.M. Main motion declared adopted unanimously. 9:27 P.M. (Main motion as adopted reads: (As MOTION: That the Zoning By -Law of the Town be amended as follows: adopted) a. In SECTION 2, in the fourth line of the definition of REAR LINE (Approved OF A LOT, by striking the words "building inspector" and by Atty. substituting in place thereof the words "building commissioner ", Gen., Francis and X. Bellotti, August 26, b. 1) In paragraph 4.5.3, by adding the words "or as duly amended 1983. from time to time thereafter" after the words "effective Posted in June 1, 1978" as they appear in two places. Town Office 2) In sub - paragraph 9.6.4a, by adding the words "or as duly Building amended from time to time thereafter" after the words & nine "effective June 1, 1978 "; and precincts on Sept. C. In sub - paragraph 8.3.3e, by striking the word "proces" and 22, 1983.) substituting in place thereof the word, "process," and d. In sub - paragraph 8.3.4e, by striking the word "suffieiently" and substituting in place thereof the word "sufficiently ". Adopted unanimously. 9 :27 P.M.) 1 (Annua T own Me eting - April 4, 1983.) Article 1.3. RENAME SHERBURNE ROAD; WELLINGTON LANE AVENUE AND MEADOW BROOK AVENUE Presented by John F. McLaughlin. (Sec. a MOTION: (a) That Sherburne Road, from Kendall Road a distance of adopted) 1080 feet, plus or minus, be renamed Sherburne Road South. (Sec. b (b) That Wellington Lane Avenue and Meadow Brook Avenue from tabled. Blossomcrest Road to Wellington Lane Avenue be renamed Wellington See Page Lane. 273) 9:28 P.M. The Moderator stated that it, is capable of being divided and he therefore would divide them for voting purposes and a vote would be taken on each section separately. 9:28 P.M. Mr. McLaughlin informed the meeting that petitions had been received from residents of Sherburne Road who were desirous of making this change. 9:30 P.M. Section (a) was declared adopted unanimously. 9:30 P.M. (See Page Section (b). John P. McLaughlin moved that Section (b) be 273) tabled and this motion was adopted unanimously. 9:30 P.M. (Mr. McLaughlin explained that as Section (b) related to financial considerations, it would be considered in May.) Article 14. ACCESSORY APARTMENTS Margaret F. Rawls moved that Article 14 be postponed to the first order of business on April 6 at 8 P.M. This motion was adopted unanimously. 9:30 P.M. (See Pages 218 -233) Article 15. SUBSTITUTE 2- FAMILY HOUSE FOR MORROW CROSSING UNITS Stephen Michael Politi moved that this article be tabled. This motion was adopted by voice vote. 9:31 P.M. (See Page 273) Article 16. REZONE SPENCER PROPERTY Presented by Anthony L. Mancini. (Not MOTION: That the Zoning By -Law and the Zoning Map be amended by adopted) changing the district designation from RS - One Family Dwelling District to CD - Controlled Commercial and Industrial District of land on the northwesterly side of Waltham Street, commonly known as 87 -89 Waltham Street, bounded and described as set forth in this article. The preliminary site development and use plan for such zoning district shall be the plan dated January 10, 1983, filed with the Town Clerk. 9:33 P.M. A recess was called by the Moderator at 9:34 P.M. and the meeting was reconvened at 9:49 P.M. Dennis R. Lowe, lawyer for the proponent, gave an explanation of the proposed plans for this property and showed slides of the location. 10:05 P.M. Laura F. Nichols filed the Report of the Planning Board on this article and told the meeting that the Planning Board does not favor this proposal. 10:07 P.M. (Annual Town Meeting - April 4, 1983.) Article 16. Martin A. Gilman voiced the opposition of the Lexington Historical (Cont.) Commission to this type of proposal. 10:08 P.M. Gerald L. Abegg spoke for some of the residents of Waltham Street in opposition. 10:09 P.M. Julian J. Bussgang had polled his neighbors on Forest Street and felt that the existing house could be used more economically if it were divided into two or three apartments. 10:10 P.M. Erna S. Greene also spoke in opposition and described the beauty, in her opinion, of the entrance to Lexington Center from Waltham Street with the older type houses lining both sides of the street. 10 :11 P.M. Main motion, as presented by Mr. Mancini, declared lost by voice vote. 10:12 P.M. Article 17. FEES - SEALER OF WEIGHTS /MEASURES Presented by Robert F. Sacco. (See MOTION: That Article XXIV of the General By -Laws of the Town of Page Lexington be amended by adding a new Section 3 thereto as set 214 forth in this article. for 10:12 P.M. motion as (New Section 3 as set forth in this article: adopted) Section 3. The fees of the Sealer of Weights and Measures shall be as established in Section 56 of Chapter 98 of the General Laws, and any acts in amendment thereof or in addition thereto, except for the following which shall be as listed: Device Fee Balances and Scales Over 10,000 lbs. $50. 5,000 to 10,000 lbs. 30. 1,000 to 5,000 20. 100 to 1,000 10. Less than 100 lbs. 5. Wei Avoirdupois (Each) .50 Metric (Each) .50 Apothecary (Each) .50 Troy (Each) .50 Capacity Measures Vehicle Tanks Each Indicator 5. Each 100 Gals. or Fraction thereof 2. Liquid 1 Gallon or less .50 More than 1 gallon 1. Liquid Measuring Meter Inlet 1/2" or less Oil, Grease 4. Inlet more than 1/2" to 1" Gasoline 6. Inlet more than 1" Vehicle Tank :Bump 15. Vehicle Tank Gravity 20. Bulk Storage 40. Company Supplies Prover 20. Pumps Each stop on pump 1. (Annual Town Meeting - April 4, 1983.) Article 17. (New Section 3 as set forth in this article: (Cont.) (Cont.) Other Devices Taxi Meters 6. Odometer- Hubodometer 6. Leather Meas. (Semi- annual) 4. Fabric Measuring 4. Wire - Rope - Cordage 4. Linear Measures Yard Sticks .50 Tapes .50 Miscellaneous Milk Jars (per gross) 8. Dry Measures .50) Mr. Sacco explained that this article proposes to raise the fees charged by the Sealer of Weights and Measures. This proposed fee schedule has been adopted by most of the communities contiguous to Lexington, including Waltham, Arlington, Woburn, Lincoln and Burlington. 10:12 P.M. Motion as presented by Mr. Sacco declared adopted unanimously. 10:12 P.M. (Motion as adopted: (As MOTION: That Article XXIV of the General By -Laws of the Town of adopted) Lexington be amended by adding a new Section 3 thereto as follows: (Approved Section 3. The fees of the Sealer of Weights and Measures shall by Atty. be as established in Section 56 of Chapter 98 of the General Gen., Laws, and any acts in amendment thereof or in addition thereto, Francis X. except for the following which shall be as listed: Bellotti, August 10, Device Fee 1983. Advertised Bala a S in Lex. Over 10,000 lbs. $50. Min. Man, 5,000 to 10,000 lbs. 30. September 1,000 to 5,000 20. 1 and 8, 100 to 1,000 10. 1983.) Less than 100 lbs. 5. Weights Avoirdupois (Each) .50 Metric (Each) .50 Apothecary (Each) .50 Troy (Each) .50 Capacity Meas Vehicle Tanks Each Indicator 5. Each 100 Gals. or Fraction thereof 2. Liquid 1 Gallon or less .50 More than 1 gallon 1. Liquid Measuring Meters Inlet 1/2" or less Oil, Grease 4. Inlet more than 1/2" to 1" Gasoline 6. Inlet more than 1" Vehicle Tank Pump 15. Vehicle Tank Gravity 20. Bulk Storage 40. Company Supplies Prover 20. Pum Each stop on pump 1. (Annual Town Meeting - April 4, 1983.) 215 Article 17. (Motion as adopted: (Cont.) (Cont.) Other Devices Taxi Meters 6. Odometer - Hubodometer 6. Leather Meas. (Semi - annual) 4. Fabric Measuring 4. Wire - Rope - Cordage 4. Linear Measures Yard Sticks .50 Tapes .50 Misc Milk Jars (per gross) 8. Dry Measures 50 Adopted unanimously. 10:12 P.M.) Article 18. Presented by Guy W. Doran. CLEAN INDOOR AIR MOTION: That Article XXVI of the General By -Laws of the Town of (See Lexington be amended by adding a new Section 7 thereto as set forth Page in this article with the addition of the following sentence at the 215a end of the second paragraph: The term "restaurant" does not include for company cafeterias. motion 10:13 P.M. as adopted) (Article 18 as set forth in the article: CLEAN INDOOR AIR To see if the Town will vote to amend Article XXVI of the General By -Laws of the Town of Lexington by adding a new Section 7 thereto as follows: CLEAN INDOOR AIR As used in this section, "smoking" means the lighting of or the - having in ones possession of any lighted cigar, cigarette, pipe or other tobacco product. As used in this section "restaurant" means a restaurant with a seat- ing capacity of fifty (50) or more persons. No person shall smoke in any restaurant except in specifically designated smoking areas. This prohibition does not apply in cases in which an entire room or hall is used for a private social function and seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the restaurant. Smoking areas may be designated by proprietors or other persons in charge of restaurants, except in places in which smoking is pro- hibited by the fire marshall or by other law or regulation. Smoking areas designated by proprietors or other persons in charge of restaurants shall comprise no more than seventy -five (75) percent of the seating capacity of the restaurant. Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke on persons in adjacent no- smoking areas. In the case of restaurants consisting of a single room, the provisions of this by -law shall be considered met if one side of the room is reserved and posted as a no- smoking area, provided that the no- smoking area comprises no less than twenty - five. (25) percent of the seating capacity of the restaurant. The proprietor or other person in charge of a restaurant shall make reasonable efforts to prevent smoking in the no- smoking areas of the restaurant by: (a) posting appropriate signs; (b) arranging seating to provide a smoke -free area; (c) asking smokers to refrain from smoking upon request of a customer or employee suffering discomfort from the smoke; or (d) any other means which may be appropriate. a (Annual Town Meeting - April 4, 1983.) 215a Article 18. (Article 18 as set forth in the article: (Cont.) (Cont.) The board of health shall adopt rules and regulations necessary and reasonable to implement the provisions of this section of the by -law. Nothing in this section shall make lawful smoking in any area in which smoking is or may hereafter be prohibited by law. or act in any other manner in relation thereto.) Mr. Doran gave a short explanation of the article. 10:17 P.M. James W. Lambie, Chairman of the Board of Health, voiced the support of the Board on this article and added, that if adopted, the Board of Health would adopt rules and regulations for implementation. He did say that the Health Department would not be able to monitor on a day to day basis. 10:19 P.M. Mary W. Miley urged passage of this motion and said that it had the support of the Board of Health, Board of Selectmen, Council on Aging and the League of Women Voters. 10:22 P.M. George E. Foote, after speaking in favor, asked that Dr. Julian L. Pearlman be recognized. Dr. Pearlman, as a physician for children, spoke from the balcony in support of the motion. 10:27 P.M. James F. Crain voiced the unanimous support of the Board of Selectmen. 10:27 P.M. Motion as presented by Mr. Doran declared adopted unanimously. 10:27 P.M. (Motion as adopted under Article 18: (As MOTION: That Article XXVI of the General By -Laws of the Town of adopted) Lexington be amended by adding a new Section 7 thereto: (Approved CLEAN INDOOR AIR by Atty. Gen., Section 7. As used in this section, "smoking" means the lighting August of or the having in ones possession of any lighted cigar, cigarette, 10, 1983. pipe or other tobacco product. Advertised in Lexington As used in this section "restaurant" means a restaurant with a Min. Man, seating capacity of fifty (50) or more persons. The term "restaurant" September does riot include company cafeterias. 1 and 8, No person shall smoke in any restaurant except in specifically 1.983.) designated smoking areas. This prohibition does not apply in cases in which an entire room or hall is used for a private social function and seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the restaurant. Smoking areas may be designated by proprietors or other persons in charge of restaurants, except in places in which smoking is prohibi- ted by the fire marshall or by other law or regulation. Smoking areas designated by proprietors or other persons in charge of restau- rants shall comprise no more than seventy -five (75) percent of the seating capacity of the restaurant. Where smoking areas arc desig- nated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke on persons in adjacent no- smoking areas. In the case of restaurants consisting of a single room, the provisions of this by -law shall be considered met if one side of the room is reserved and posted as a no- smoking area, pro- vided that the no- smoking area comprises no less than twenty -five (25) percent of the seating capacity of the restaurant. The proprietor or other person in charge of a restaurant shall make reasonable efforts to prevent smoking in the no- smoking areas of the restaurant by: (a) posting appropriate signs; (b) arranging seating to provide a smoke -free area; (c) asking smokers to refrain from smoking upon request of a customer or employee suffering discomfort from the smoke; or (Annual Town Meeting - April 4, 1983.) U_" 215b Article 18. (Motion as adopted under Article 18: (Cont.) (Cont.) (d) any other means which may be appropriate. The board of health shall adopt rules and regulations necessary and reasonable to implement the provisions of this section of the by -law. Nothing in this section shall make lawful smoking in any area in which smoking is or may hereafter be prohibited by law. Adopted unanimously. 10:27 P.M.) (See Page 215a) Robert F. Sacco moved that Article 25 be taken up out of order at this time. Adopted unanimously. 10:28 P.M. Article 25. TAX ANTICIPATION BORROWING Presented by Robert F. Sacco. MOTION: That the Town 'Treasurer, with the approval of the Selectmen, be authorized to borrow money from time to time in anticipation of the revenue for the fiscal year beginning July 1, 1983 and to issue a note or notes therefor, payable within one year, under G.L. c. 44, sec. 4 as amended, and to renew any note or notes as may be given for a period of less than one year, under G.L. c. 44, sec. 17. Adopted unanimously. 10:29 P.M, . Robert F. Sacco moved that Article 26 be taken up out of order at this time. Adopted unanimously. 10:29 P.M. Article 26. CONSERVATION FUND Presented by Robert F. Sacco. MOTION: That the sum of $11,194.69 be appropriated to the Conservation Fund, established by vote under Article 9 of the Warrant for the Special Town Meeting of June 8, 1964, and to raise such amount $2,241.00 be transferred from the appro- priation voted under Article 58 of the Warrant for the 1968 Annual Town Meeting, $6,555.00 be transferred from the appro- priation voted under Article 46 of the warrant for the 1974 Annual Town Meeting, and $2,398.69 be transferred from the appropriation voted under Article 48 of the warrant for the 1974 Annual Town Meeting. 10:30 P.M. William J. Dailey, Jr. stated that the Appropriation Committee recommended favorable action. 10:31 P.M. Motion as presented by Mr. Sacco declared adopted unanimously. 10:31 P.M. Wo (Annual Town Meeting - April 4, 1983.) 216 Robert P_ Sacco moved that Article 28 be taken up out of order at this time. Adopted unanimously. 10:32 P.M. Article 28. RESCIND UNUSED BORROWING AUTHORIZATION Presented by Robert F. Sacco. MOTION: That the $5,000 of unused borrowing authorization voted under Article 55 of the warrant for the 1_973 Annual Town Meeting be rescinded. 10:32 P.M. Mr. Sacco explained that this would release the balance of the unissued bond authorization under Article 55 of the 1973 Annual Town Meeting which provided for acquisition of the Porter Land off Lowell Street for conservation purposes. 10:32 P.M. William J. Dailey, Jr. stated that the Appropriation Committee recommended favorable action. 10:32 P.M. Motion as presented by Mr. Sacco declared adopted unanimously. 10:32 P.M. Article 2. Louis A. Zehner presented the following under Article 2: For the benefit of new town meeting members I report that last year I called attention to our undefended 3,000 mile border with Canada with which nation we had been at peace for 167 years, - a situation unique in the history of nations. Also that Queen Elizabeth had only recently signed the articles which granted Canada its own constitution. I suggested that the selectmen invite President Reagan to the 1983 Patriot's Day celebration and that he in turn invite Premier Trudeau to help celebrate the almost 170 years of peace and to celebrate Canada's first birthday of a new nation. Explicit in its hearty approval was the town meeting vote that all expenses outside of the usual April 19 costs would be raised outside the town budget. The letter of invitation was duly sent. It arrived in the midst of the planning for the Versailles Conference. Six weeks intervened before the response from the President's appointment secretary was received. That response expressed warm appreciation for the invitation and was gracious in every way but it was firm in saying that any commitment from the President would have to wait until 1983 when the den'ands on his time could be better appraised. (Annual Tow Meeting - April 4, 1983. Article 2. (Continuation of Mr. Zehner's report:) (Cont.) After learning that six or seven months might likely elapse before we knew for sure that the President and Premier Trudeau could attend, I made informal inquiries of local individuals and local businesses and of broad corporate possible sources. The response was lukewarm. It was a poor economic climate in which to solicit funds to begin with but there were other problems. Canada had indeed received its constitution but it had long been independ- ent in all but name. Much was made by Premier Trudeau of the signing of the constitution by Queen Elizabeth but not for genera - tions had Canada been shackled by any colonial status. In no sense was it akin to the emerging African nations casting off the bonds of its European parents. It has been said that the independence it gained was largely cosmetic. It was a weak peg on which to hang an international birthday celebration. Another fact intruded. Friendly neighbors tho Canada and America had been, respected allies in two World Wars, in recent years commercial relations have not been tranquil. Differences arising in energy problems have been a source of really irri- tating contro- very. Those differences and others still exist. It is fine to celebrate a peaceful past but if we follow the pattern of President Ford's visit in 1975, a gracious exchange of pleasantries between the two participants in 10 or 15 minute ex- changes might paper over differences but not remove them. No, the action should be based on profound study and on a meeting of the minds. April 19th doesn't seem appropriate. Nevertheless, the concept is a noble one. It should not be allowed to die. The opportunity to emphasize the peace loving aspects of America must not be lost. What alternative is possible? Several months ago there was national publicity that Canada owns a prime site on Pennsylvania Ave. in Washington on which it plans to build a 40 -50 million dollar embassy. Mr. Trudeau had appointed an architect but action was then in limbo because of opposition to his selection. I do not know how far away ground breaking may be but that occasion seems a heaven sent opportunity to capitalize on our many many years of peace along our 3,000 mile frontier. A second act to the ground breaking could be the dedication and house warming of the completed Embassy. I profoundly hope that the failure of the plan to materialize for 1983 may be only a postponement, not the death of a noble endeavor. 10:40 P.M. Mr. Zenner then made the following motion: MOTION: That the Board of Selectmen be asked to write the U. S. Secretary of State to remind him of the existence of this undefended 3,000 mile border with Canada and to use the information as seems best to emphasize this long demonstration of America's peaceful attribute, possibly at the ground breaking of the projected Canadian Embassy in Washington. The Moderator ruled that this resolution was adopted unanimously. 10:41 P.M. Margaret F. Rawls questioned an item in the Town Manager's Status Report on Open Money Articles that had been filed this evening under Article 2 and she was given the explanation by Town Counsel, Norman P. Cohen. 10:45 P.M. James F. Crain moved that this meeting be adjourned to Wednesday, April 6, 1983 at 8 P.M. in Cary Memorial Hall. Adopted unanimously. 10:46 P.M. A true copy. Attest: Mary R. McDonough, Town Clerk ADJOURNED SESSION OF THE 1983 ANNUAL TOWN MEETING APRIL 6, 1_983 The meeting was called to order in Cary Memorial Hall at 8 P.M. by the Moderator, Lincoln P. Cole, Jr, and immediately recessed subject to the call of the Chair. The meeting was reconvened at 8:15 P.M. There were 187 Town Meeting Members present. The invocation was offered by Rev. John P. Streit, Jr., Associate Pastor of the Church of Our Redeemer. 8:18 P.M. The Moderator announced that the meeting would be in a__short formal recess as he introduced the Lexington Minute Maids High School Girls Championship Basketball Team. 8:19 P.M. State Representative Stephen W. Doran read a resolution from the House of Representatives honoring the team. 8:22 P.M. The Moderator then introduced John Steele, State High Jump Champion and Representative Doran read a resolution from the House of Representatives honoring this young man. 8:25 P.M. Both the Championship Basketball Team and the Champion High Jumper received standing ovations from the meeting. The Moderator announced that Article 2 would be open throughout the entire meeting. 8:25 P.M. Article 2. Robert I. Rotberg questioned the Town Manager in regard to the delay in the construction of the outdoor track at the Center Playground. 8:26 P.M. Robert M. Hutchinson, Jr., Town Manager, answered that there was no delay. Bids were received and he expects that the track would be completed by September and possibly could be finished by July. 8 :27 P.M. Eric T. Clarke, a member of the Civil. Defense Plan Study Committee, moved that the report of said committee be accepted and placed on file. Adopted unanimously. 8:29 P.M. Article 14. ACCESSORY APARTMENTS Presented by Jean Gaudet. (See Pages 212 and MOTION: That the Zoning By -Law of the Town be amended as set forth 227 - in the motion of the Accessory Apartment Committee dated March 30, 233 1983, and filed with the Town Clerk on April 4, 1983. . for 8:29 P.M. motion as (Motion of the Accessory Apartment Committee dated March 30, 1983 adopted) as filed with the Town Clerk on April 4, 1983 as follows: MOTION: That the Zoning By -Law be amended by: a. inserting a new sub- section, as follows: "5.2 ACCESSORY RESIDENTIAL USES IN ONE FAMILY DWELLINGS: ACCESSORY APARTMENTS An accessory apartment is a second dwelling unit located within a structure constructed as a detached one family dwelling, sub - ordinate in size to the principal dwelling unit and separated from it, in a manner that maintains the appearance of the structure as a one family dwelling. (Adjourned Session of the 1983 Annual Town Meeting - April 6, 1983.) , _al -, Article 14. (Motion of the Accessory Apartment Committee dated March 30, 1983 (Cant.) as filed with the Town Clerk on April 4, 1983: (Cant.) 5.2.1 GENERAL OBJECTIVES The provision of accessory dwelling units in owner occupied one family dwellings is intended to: 1) increase the number of small dwelling units available for rent in the town, 2) increase the range of choice of housing accomodations, 3) encourage greater diversity of population with particular attention to young adults and senior citizens, and 4) encourage a more economic and energy - efficient use of the town's housing supply, while main- taining the appearance and character of the town's single family neighborhoods. 5.2.2 CONDITIONS AND REQUIREMENTS The Building Commissioner shall issue a building permit for a newly created accessory apartment in a detached, one family dwelling in an RO or RS district provided that each of the following conditions and requirements is met: a. General 1. The owner of the dwelling in which the accessory apart- ment is created, shall occupy either of the dwelling units in the structure, except for temporary absences as provided in paragraph 5.2.4. For the purposes of this section, the "owner" shall be one or more individuals who constitute a family, who hold title directly or in- directly to the dwelling, and for whom the dwelling is the primary residence for voting and tax purposes, 2. There shall be no more than one accessory apartment within a one family dwelling. 3. 'There shall be no boarders or lodgers within either unit of a dwelling with an accessory apartment. 4. The lot area shall be at least 10,000 square feet. 5. The net floor area of the dwelling shall have been at least 2,500 square feet as of January 1, 1983, which amount shall be verified in the records of the Building/ Inspection Department or on a document, "Total Living Area of Dwellings as of January 1, 1983," prepared by the Board of Assessors. 6. 'Phe maximum net floor area of the accessory apartment shall not exceed 30 percent of the net floor area of the dwelling as of January 1, 1983. 7. There shall not be more than two bedrooms in an accessory apartment. 8. No structure that is not connected to the public water and sanitary sewer systems shall have an accessory apartment. b. Exterior Appearance of a Dwelling with an Accessory Apartment The accessory apartment shall be designed so that the appearance of the structure remains that of a one family dwelling, subject further to the following conditions and requirements: 1. All stairways to second or third stories shall be en- closed within the exterior walls of the dwelling. 2. There shall be no enlargements or extensions of the dwelling in connection with any accessory apartment ............. except for minimal additions necessary to comply with building, safety or health codes, or for enclosure of an entryway, or for enclosure of a stairway to a second or third story. 3. Any new entrance shall be located on the side or in the rear of the dwelling. 4. Where there are two or more existing entrances on the front facade of a dwelling, if modifications are made to any entrance, the result shall be that one appears to be the principal entrance and other entrances appear to be secondary. C. Off - street Parking There shall be provided at least two off - street parking spaces for the principal dwelling unit and at least one off- street parking (Adjourned Session of t he 1 983 Annual Town Meeting - April 6, 1983.) Article 14. (Motion of the Accessory Apartment Committee dated March 30, 1983 (Cont.) as filed with the Town Clerk on April 4, 1983: (Cont.) C. Off- street Parking (Cont.) space for the accessory apartment. In order to maintain the appearance of a single family neighborhood all parking spaces on the lot shall be subject further to the following conditions and requirements: 1. Each parking space and the driveway leading thereto shall be paved or shall have an all - weather gravel surface. No motor vehicles shall be regularly parked on the premises other than in such a parking space. 2. Not more than two outdoor parking spaces shall be located in the required front yard. All other parking spaces shall be either: 1) outdoor parking spaces located in a. side or rear yard or 2) in a garage or carport. 3. There shall be no more than four outdoor parking spaces on the lot. 4. No parking space shall be located within the boundary of a street right -of -way 5. Parking spaces shall be located so that both the principal dwelling unit and the accessory apartment shall have at least one parking space with direct, and unimpeded access to the street without passing through a parking space designated to serve the other dwelling unit. 6. Where there are more than two outdoor parking spaces, there shall be provided suitable screening with evergreen or dense deciduous plantings, walls, fence, or a combination thereof in the area between the parking spaces and the nearest side lot line and, if the parking space is in the front yard and parallel to the street, in the area between the parking space and the front lot line. Screening shall be sufficient to minimize the visual impact on abutters and to maintain the single family appearance of the neighborhood. 5.2.3 PROCEDURES a. No accessory apartment shall be constructed without issuance of a building permit by the building commissioner. b. The application for a building permit shall be accompanied by a filing fee and by such plans and other documentation related to the conditions and requirements of paragraph 5.2.2 as the building commissioner may require. C. Not less than 14 days before issuing a building permit, the building commissioner shall notify owners of ,property immediately abutting the applicant's property, including owners of property separated from the applicant's property by a public or private way, an application for a building permit for an accessory apartment has been filed. d. The building commissioner shall act on the application within 30 days of receipt. e. No use as an accessory apartment shall be permitted prior to issuance of a certificate of occupancy by the building commissioner. A Certificate of Occupancy shall be issued after the building commissioner determines that the accessory apartment as con- structed is in conformity with the approved plans and with the provisions of this by -law. f. A certificate of occupancy shall be issued for a period not greater than three years. Continued occupancy will require issuance of a new certificate of occupancy. Proof of owner occupancy shall be submitted with the application for a new certificate of occupancy. g. A certificate of occupancy shall be issued to the owner only, and is not transferable. A new owner shall apply to the building commissioner for a new certificate of occupancy. 5.2.4 TEMPORARY ABSENCE OF OWNER An owner of a dwelling containing an accessory apartment who is to be absent for a. period of less than two years may rent the owner's unit as well as the second unit during the temporary absence provided: (Adjourned Session of the 1983 Annual Town Meeting - April 6, 1983.) Article 14. (Motion of the Accessory Apartment Committee dated March 30, 1983 (Cont.) as filed with the Town Clerk on April 4, 1983: (Cont.) a. Written notice thereof shall be made to the building commissioner on a form prescribed by him. b. The owner shall be resident in the house for at least two years prior to the temporary absence. C. The residence shall be owner occupied for at least two years between such temporary absences. d. The house shall remain the owner's primary legal residence for voting and tax purposes. 5.2.5 REGISTRATION OF NON - CONFORMING UNITS CREATED BEFORE 1924 a. For a second dwelling unit which existed as of January 1, 1983, in a one family dwelling, in an RO or RS district, to be a non - conforming (lawful) use, the second dwelling unit must have been constructed prior to March 17, 1924 in a dwelling and have been in continuous use since that time with the exception of temporary non -use for a period not greater than twenty -four consecutive months. b. To verify the nonconforming status of such a unit, an owner shall apply for a certificate of occupancy from the building commission- er prior to January 1, 1985 and shall present documentary evidence that: 1) the second dwelling unit was constructed prior to March 17, 1924; and 2) the unit was in use for any three years between 1978 and 1982 inclusive, which shall, for this purpose, be considered prima facia evidence of continuous use since 1924; and the building commissioner shall issue a certificate of occupancy, which shall remain effective so long as the second dwelling unit remains in continuous use. If sufficient evidence of construction prior to March 17, 1924 and of continued use is not presented, the second dwelling unit shall be considered a second dwelling unit in violation, and shall comply with Para - graph 5.2.6. C. If an owner does not apply for a certificate of occupancy by January 1, 1985, he /she shall be required to present evidence of continuous use of the second dwelling unit since 1924 in order to obtain a certificate of occupancy, and shall be subject to penal- ties under paragraph 3.1.1. 5.2.6 SPECIAL CONDITIONS, EXISTING SECOND DWELLING UNITS IN VIOLATION All second dwelling units which existed as of January 1, 1.983, in a one family dwelling in an RO or RS district, except those which are a lawful, non - conforming use, or those which were granted a special permit under Table 1, Use Regulations Schedule, line 1.6, dwelling conversion to two family, or similar provisions of preceding Zoning By -Laws, are in violation of the Zoning By -Law. a. Owners of existing second dwelling units in violation must apply to the building commissioner for a determination of compliance with paragraph 5.2.2 before January 1, 1985. Applications shall be accompanied by a filing fee and by such plans and other docu- mentation related to the conditions and requirements of paragraph 5.2.2, as may be required by the building commissioner. b. Within 90 days the building commissioner shall issue one of the following: 1. A determination of compliance with paragraph 5.2.2, and a certificate of occupancy. 2. A conditional determination of compliance with paragraph 5.2.2, describing corrective changes needed to bring the second dwelling unit into compliance, which changes shall be completed within 90 days of the date of the conditional determination. Upon successful completion of the required changes, the building commissioner shall issue a certificate of occupancy. 3. A determination of non - compliance with one or more of the requirements of paragraph 5.2.2, together with a listing of those requirements and conditions with which compliance cannot be achieved through corrective changes. (Adjourn Session of the 1983 Annual Town Meeting - Apr 6, 1983.) Article 14. (Motion of the Accessory Apartment Committee dated March 30, 1983 (Cont.) as filed with the Town Clerk on April 4, 1983: (Cont.) The owner of a second dwelling unit built prior to December 31, 1961 is eligible to apply within 60 days of the date of the determination to the SPGA for a special permit for maintenance of an existing, non - complying apartment, subject to the special conditions in subparagraph 5.2.6.c, below. All other second dwelling units not in compliance with paragraph 5.2.2 shall be terminated within one year of the date of the determination of non - compliance. C. Special conditions for second dwelling units constructed prior to December 31, 1961 that comply with at least subparagraphs 5.2.2.a.1, 2, and 3; 5.2.2.b.1; and 5_2.2.c. 1. Upon presentation of evidence of construction prior to December 31, 1961 and of use of the second dwelling unit for any three years between 1978 and 1983 inclusive, which shall for this purpose be considered prima facia evidence of continuous use, the owner may, within 60 days of the date of the determination apply to the SPGA for a special permit for maintenance of an existing non - complying apart- ment. 2. The SPGA shall ordinarily grant a special permit for the existing non - complying second dwelling unit unless specific evidence is submitted supporting any claim that the unit has caused a deterioration of the single family neighborhood, a decrease in property values, or has caused any other sub- stantial detrimental effect on the public welfare and con- venience. In weighing such claims and evidence, the SPGA shall consider whether any changes required to bring the second dwelling unit into compliance are sufficient to counteract any prior negative impact. 3. In granting a special permit, the SPGA may impose such addi- tional conditions as it may deem necessary to protect the single family appearance of the dwelling, and to bring the dwelling as close to conformity with the conditions and requirements for new accessory apartments, paragraph 5.2.2, as is feasible. 4. A special permit granted by the SPGA shall include a condi- tion that a certificate of occupancy shall be obtained for periods not to exceed three years in the same manner as set forth in paragraph 5.2.3. No subsequent certificate of occupancy shall be issued unless there is compliance with the plans and conditions approved by the SPGA. 5. if a special permit is granted and corrective changes are required, they must be completed within 90 days of the date of granting the permit. When required changes are completed, the building commissioner will issue a certificate of occupancy. 6. If a special permit is denied, the second dwelling unit shall be terminated within one year of the date of the denial. d. If an owner fails to comply with paragraph 5.2.6 the second dwelling unit shall be terminated within six months of the date of notice from the building commissioner, and the owner shall be subject to penalties as provided in paragraph 3.1.1 for each day the second dwelling unit is in use after January 1, 1985. (Adj ourned Session of the 1983 Annual Town Meeting - April 6, 1983.) 2,2 3 Article 14. (Motion of the Accessory Apartment Committee dated March 30, 1983 (Cont.) as filed with the Town Clerk on April 4, 1983: (Cont.) b. deleting the following existing definitions from Section 2: DWELLING CONVERSION DWELLING, ONE FAMILY DWELLING UNIT FLOOR AREA FAMILY PARKING SPACE and inserting the following new definitions in Section 2 in the proper alphabetical sequence: ACCESSORY APARTMENT: A second dwelling unit located within a structure constructed as a detached one family dwelling, sub- ordinate in size to the principal unit and separated from it in a manner that maintains the appearance of the structure as a single family house. BEDROOM: A private room, however named, planned, intended or used for sleeping, and separated from other rooms by walls and a door. CERTIFICATE OF OCCUPANCY: The certificate issued by the Building Commissioner which permits the use of a building in accordance with approved plans and in compliance with the Zoning By -Law. DWELLING: A structure, or part of a structure, which: 1) is designed or used primarily for human habitation; 2) contains one or more dwelling units; and 3) is capable of separate ownership. DWELLING, ONE FAMILY DETACHED: A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means. DWELLING UNIT: One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household. FAMILY: An individual, or two or more persons related by blood, marriage or adoption, living together as a single housekeeping unit and occupying one dwelling unit; or a group of individuals, not so related, but living together as a single housekeeping unit. For purposes of controlling residential density, not more than four unrelated individuals shall constitute a family. FLOOR AREA, GROSS: The sum, in square feet, of the horizontal areas of all floors of a building or several buildings on the same lot measured from the exterior face of exterior walls, or from the center line of a party wall separating two buildings. Where the text of this By -Law refers to floor area, the term shall mean gross floor area unless the term net floor area is used. FLOOR AREA, NET: The sum, in square feet of the occupiable or habitable area in a building, which shall be determined by ex- cluding the following from calculation of gross floor area: a. areas used for parking or loading b. areas devoted exclusively to the operation and maintenance of a building, irrespective of its occupants, such as heating, ventilating and cooling equipment, electrical and telephone facilities, fuel storage, elevator machinery or mechanical equipment C. the thickness of load bearing walls, at each floor d. elevator shafts and common stairways, and common hallways at each floor e. porches, balconies, fire escapes which are unroofed. `� J6 � �.+`�' (Adjour Sessi of the 1983 Annual Town Meeting April 6 1983.) Article 14. (Motion of the Accessory Apartment Committee dated March 30, 1983 (Cant.) as filed with the Town Clerk on April 4, 1983: (Cant.) PARKING SPACE: An area on a lot (off - street) available for the parking of one automobile, subject to the design standards of Section 9.8, but not including maneuvering space. A parking space may be entirely outdoors or within a structure. ROOMING UNIT: One or more rooms designed, occupied or intended for occupancy as separate living quarters for one roomer_ or boarder_ with sleeping facilities but no kitchen facilities. * * * * * * * C. In Table 1, USE REGULATION SCHEDULE, in line 8.1: 1) by striking the words "Taking not more than three boarders or letting or renting of rooms without cooking facilities to..." and substituting in place thereof the words "Rooming units, without kitchen facilities, for ..." so that the phrase, as amended, shall read "Rooming units, without kitchen facilities, for not more than three persons in an existing dwelling by a family resident therein *;... "; and 2) by redesignating lines 8.2 through 8.14 as 8.3 through 8.15 respectively 3) by inserting a new line 8.2, as follows: "8.2 Accessory apartment subject to section 5.2" and under the column headed RO, RS the symbol "yes" and under all other columns in Table 1 the symbol "No "; and * * * * * * * d. In Section 9.8 PARKING AND LOADING REGULATIONS 1) by adding to sub - paragraph 9.8.1 a a second sentence, as follows: "The requirement for free and unimpeded access to a street shall not apply to a one family dwelling." 2) In Section 9.8.5, SCHEDULE OF REQUIRED PARKING AND LOADING a) by adding in the third line, the words "of net floor area" after the words "s.f. - square feet so that the third line, as amended, will read "s.f. - square feet of net floor area" b) by striking the line "RO, RS boarding or lodging dwelling 1 for each boarder and lodger and inserting in place thereof two new lines under the headings indicated DI_S USE REQUIRED PARKING SPACES RO, RS accessory apartment 1 per dwelling unit Any rooming unit 1 per rooming unit c) by adding a note at the end of the table for required parking spaces and before the table for required loading facilities as follows: "NOTE: to simplify the calcula- tion of net floor area, 80 per cent of the gross floor area may be used." * * * * * * * e. 1) deleting the heading "5.1 SECTIONS CONTROLLING USES" and substituting in place thereof the heading "5.1.1 PERMITTED USES "; 2) inserting above the second paragraph in section 5.1, which begins "In the Use Regulations....," a new heading, "5,1.2 PRINCIPAL USES, ACCESSORY USES "; 3) renumbering sub - section "5.2" MORE THAN ONE CLASSIFICATION as "5.1.3 "; 4) renumbering suh- secL "5.3" USES NOT LISTED as "5.1.4 ". (Adjourned Session of the 1983 Annual Town Meetinq - April 6, 1983.) Article 14. (Motion of the Accessory Apartment Committee dated March 30, 1983 (Cont.) as filed with the Town Clerk on April 4, 1983: (Cont.) f. By inserting a new section, as follows: "5.3 CONVERSION OF ONE FAMILY DWELLINGS The SPGA may issue a special permit for the alteration of a one family dwelling to accommodate two families, executed such that: a) The appearance and character of a one family dwelling is preserved. b) The gross habitable area for each family in such dwelling is at least 700 square feet. C) No major exterior structural changes are made, except such as may be ,required for safety by the General Laws of the Commonwealth. d) Stairways leading to the second or any higher floor are enclosed within the exterior walls of the building.) Steven Clark, Chairman of the Accessory Apartment Committee, reviewed the work of the committee over the past months. 8:32 P.M. Marjorie F. Rawls, Committee member, further explained this new by -law and stated that the committee unanimously supported it, adding that they prefer a tightly written law. 8:47 P.M. Mrs. Rawls was recognized for a second ten minutes and finished her explanation at 8:57 P.M. Judith J. Uhrig filed the Report of the Planning Board covering Article 14 and stated that the Planning Board unanimously recommended that the Town Meeting adopt the proposed amendment under Article 14. 8:59 P.M. Ephraim Weiss stated that he does not feel that everything has been covered and that the report covered all the basic issues. 9:05 P.M. Eric T. Clarke, as an Associate Member of the Board of Appeals, spoke in support of the article. 9:07 P.M. Jacquelyn H. Ward made the following motion to amend: MOTION: That applications for new conversions under this section will not be accepted prior to July 1984. 9:07 P.M. Mrs. Ward explained that if this amendment is adopted, it would.give the Building Commissioner one year to see if it is workable. 9:08 P.M. A short conference was held with Mrs. Ward, the Town Counsel, the Moderator, Margaret F. Rawls and Steven Clark, after which the motion to amend, as offered by Mrs. Ward, was changed slightly. The Moderator read the revised amendment as follows: MOTION: That Section 5.2.3a be amended by adding thereto the following sentence: Applications for new conversions under this section will not be accepted prior to July 1984. 9:12 P.M. Margaret F. Rawls said that the committee had no problem with this motion to amend. 9:11 P.M. In response to a request by Julian J. Bussgang, Mrs. Ward stated that she did not feel the language in her amendment needed to be changed. 9:17 P.M. As there were some points of clarification needed, the Moderator ruled that this time would not be included in the time allowed for discussion on the amendment. 9:18 P.M. 2 ' 2�_) (Adjourned Session of the 1983 Annual Town Meeting - April 6, 1983. Article 14. Frank Sandy, former Planning Board Member, said that he felt that (Cont.) this by -law should not be re- written on the town meeting floor. 9:20 P.M. James F. Crain stated that a majority of the Board of Selectmen supported this amendment. 9:21 P.M. Motion to amend as presented by Jacquelyn H. Ward was delcared lost by voice vote. 9:25 P.M. Iris G. Wheaton presented the following motion to amend: Move that: (l.) Section 5.2.6.b.3 be amended by striking the phrase "December 31, 1961" and substituting the phrase "January 1, 1983" (2) Section 5.2.6.c be amended by striking the phrase "December 31, 1961" and substituting the phrase "January 1, 1983" (3) Section 5.2.6.c.1 be struck entirely and the following be substituted: "1. Upon presentation of evidence of construction prior to January 1, 1983, the owner may apply to the SPGA for a special permit for maintenance of an existing non - complying apartment." 9:28 P.M. Elaine Dratch, Donald D. Wilson, Eric T. Clarke and Albert P. Zabin all spoke in favor of Mrs. Wheaton's amendment. 9:35 P.M. With the unanimous consent of the meeting, the words "and by deleting the third paragraph" were added to section (1) of Mrs. Wheaton's amendment by Margaret F. Rawls. 9:37 P.M. The Moderator read the amendment by Mrs. Wheaton as corrected by Margaret F. Rawls as follows: MOTION: That (1) Section 5.2.6.b.3 be amended by striking the phrase "December '31, 1961" and substituting the phrase "January 1, 1983" and by deleting the third paragraph. (2) Section 5.2.6.c be amended by striking the phrase "December 31, 1961" and substituting the phrase "January 1, 1983" (3)Section 5.2.6.c.1 be struck entirely and the following be substituted.: 11 1. Upon presentation of evidence of construction prior to January 1, 1983, the owner may apply to the SPGA for a special permit for maintenance of an existing non - complying apartment." Mrs. Wheaton's motion to amend as corrected by Mrs. Rawls was declared adopted by voice vote. 9:40 P.M. James F. Crain said that the Board of Selectmen were deeply indebted to the Accessory Apartment Committee and that the Board unanimously supported the motion of the Committee but that some of the members had reservations about the "by right" provision. 9:40 P.M. Florence E. Connor of 12 Cedar Street spoke from the balcony in opposition. 9:45 P.M. Although George F. Foote praised the work of the committee he stated that he was unable to support them on this article. 9:48 P.M. Voice vote on the main motion as presented by Mrs. Gaudet, and amended by Mrs. Wheaton (with correction by Mrs. Rawls) was not unanimous so a standing vote was taken as follows: (Adjourned Session of the 1983 Annual Town M eeti ng - April 6, 1983.) Article 14. Precinct In Favor Tellers Opposed (Cont.) 1 .17 James S. Wilson 3 2 15 Lynda A. Wik 3 3 16 Paul. V. Riffin 2 4 13 Peter C. J. Kelley 1 5 13 Jonathan P. Doran 6 6 17 Judith B. Marshall 2 7 16 Graydon M. Wheaton 3 8 12 Carolyn H. Tiffany 0 9 17 L. Gail Colwell 2 At Large 10 John R. Campbell 10 Totals 146 32 More than the required two- thirds having voted in favor, the motion as presented by Mrs. Gaudet, amended by Mrs. Wheaton (with correction by Mrs. Rawls) was declared adopted. 9:52 P.M. (Motion as adopted under Article 14: (As MOTION: That the Zoning By -Law be amended by: adopted) a. inserting a new sub - section, as follows: "5.2 ACCESSORY RESIDENTIAL USES IN ONE FAMILY DWELLINGS: (Approved ACCESSORY APARTMENTS by Atty. An accessory apartment is a second dwelling unit located within General, a structure constructed as a detached one family dwelling, August subordinate in size to the principal dwelling unit and 26, 1983. separated from it, in a manner that maintains the appearance of Posted the structure as a one family dwelling. in Town Office 5.2.1 GENERAL OBJECTIVES Building The provision of accessory dwelling units in owner occupied & nine one family dwellings is intended to: 1) increase the number precincts of small dwelling units available for rent in the town, 2) in- on Sept. crease the range of choice of housing accommodations, 3) encourage 22, 1983.) greater diversity of population with particular attention to young 'adults and senior citizens, and 4) encourage a more economic and energy- efficient use of the town's housing supply, while maintaining the appearance and character of the town's single family neighborhoods. 5.2.2 CONDITIONS AND REQUIREMENTS The Building Commissioner shall issue a building permit for a newly created accessory apartment in a detached, one family dwelling in an RO or RS district provided that each of the following conditions and requirements is met: a. General 1. The owner of the dwelling in which the accessory apart- ment is created, shall occupy either of the dwelling units in the structure, except for temporary absences as provided in paragraph 5.2.4. For the purposes of this section, the "owner_" shall be one or more individ- uals who constitute a family, who hold title directly or indirectly to the dwelling, and for whom the dwelling is the primary residence for voting and tax purposes, 2. There shall be no more than one accessory apartment within a one family dwelling. 3. There shall be no boarders or lodgers within either unit of a dwelling with an accessory apartment. 4. The lot area shall be at least 10,000 square feet. 5. The net floor area of the dwelling shall have been at least 2,500 square feet as of January 1, 1983, which amount shall be verified in the records of the Building/ Inspection Department or on a document, "Total Living Area of Dwellings as of January 1, 1983," prepared by the Board of Assessors. 6. The maximum net floor area of the accessory apartment shall not exceed 30 percent of the net floor area of the dwelling as of January 1, 1983. C 7 (Ad'ourned Session of the 1983 Annual Town Meeting - April 6, 1983.) Article 14. (Motion as adopted under Article 14: (Cont.) (Cont.) 7. There shall not be more than two bedrooms in an accessory apartment. 8. No structure that is not connected to the public water and sanitary sewer systems shall have an accessory apartment. b. Exterior Appearance of a Dwelling with an Accessory Apartment The accessory apartment shall be designed so that the appearance of the structure remains that of a one family dwelling, subject further to the following conditions and requirements: 1. All stairways to second or third stories shall be en- closed within the exterior walls of the dwelling. 2. There shall be no enlargements or extensions of the dwelling in connection with any accessory apartment except for minimal additions necessary to comply with building, safety or health codes, or for enclosure of an entryway, or for enclosure of a stairway to a second or third story. 3. Any new entrance shall be located on the side or in the rear of the dwelling. 4. Where there are two or more existing entrances on the front facade of a dwelling, if modifications are made to any entrance, the result shall be that one appears to be the principal entrance and other entrances appear to be secondary. c. Off - street Parking There shall be provided at least two off - street parking spaces for the principal dwelling unit and at least one off - street parking space for the accessory apartment. In order to maintain the appearance of a single family neighborhood all parking spaces on the lot shall be subject further to the following conditions and requirements: 1. Each parking space and the driveway leading thereto shall be paved or shall have an all - weather gravel surface. No motor vehicles shall be regularly parked on the premises other_ than in such a parking space. 2. Not more than two outdoor parking spaces shall be located in the required front yard. All other parking spaces shall be either: 1) outdoor parking spaces located in a side or rear yard or 2) in a garage or carport. 3. There shall be no more than four outdoor parking spaces on the lot. 4. No parking space shall he located. within the boundary of a street right -of -way 5. Parking spaces shall be located so that both the principal dwelling unit and the accessory apartment shall have at least one parking space with direct and unimpeded access to the street without passing through a parking space designated to serve the other dwelling unit. 6. Where there are more than two outdoor parking spaces, there shall be provided suitable screening with ever- green or dense deciduous plantings, walls, fence, or a combination thereof in the area between the parking spaces and the nearest side lot Line and, if the parking space is in the front yard and parallel to the street, in the area between the parking space and the front lot line. Screening shall be sufficient to minimize the visual impact on abutters and to maintain the single family appearance of the neighborhood. 5.2.3 PROCEDURES a. No accessory apartment shall be constructed without issuance of a building permit by the building commissioner. C , C) (Adjourned Se of the 1983 Annual Town Meeting - April 6, 1983.) ,1 zi Article 14. (Motion as adopted under Article 14: (Cont.) (Cont.) b. The application for a building permit shall be accompanied by a filing fee and by such plans and other documentation related to the conditions and requirements of paragraph 5.2.2 as the building commissioner may require. C. Not less than 14 days before issuing a building permit, the building commissioner shall notify owners of property immediately abutting the applicant's property, including owners of property separated from the applicant's property by a public or private way, an application for a building permit for an accessory apartment has been filed. d. The building commissioner shall act on the application within 30 days of receipt. e. No use as an accessory apartment shall be permitted prior to .issuance of a certificate of occupancy by the building commissioner. A Certificate of Occupancy shall be issued after the building commissioner determines that the accessory apartment as constructed is in conformity with the approved plans and with the provisions of this by -law. f. A certificate of occupancy shall be issued for a period not greater than three years. Continued occupancy will require issuance of a new certificate of occupancy. Proof of owner occupancy shall be submitted with the application for a new certificate of occupancy. g. A certificate of occupancy shall be issued to the owner only, and is not transferable. A new owner shall apply to the building commissioner for a new certificate of occu- pancy. 5.2.4 TEMPORARY ABSENCE OF OWNER An owner of a dwelling containing an accessory apartment who is to be absent for a period of less than two years may rent the owner's unit as well as the second unit during the temporary absence provided: " a. Written notice thereof shall be made to the building commissioner on a form prescribed by him. b. The owner shall be resident in the house for at least two years prior to the temporary absence. C. The residence shall be owner occupied for at least two years between such temporary absences. d. The house shall remain the owner's primary legal residence for voting and tax purposes. 5.2.5 REGISTRATION OF NON - CONFORMING UNITS CREATED BEFORE 1924 a. For a second dwelling unit which existed as of January 1, 1983, in a one family dwelling, in an RO or RS district, to be a non - conforming (lawful) use, the second dwelling unit must have been constructed prior to March 17, 1924 in a dwelling and have been in continuous use since that time with the exception of temporary non -use for a period not greater than twenty -four consecutive months, b. To verify the nonconforming status of such a unit, an owner shall apply for a certificate of occupancy from the building commissioner prior to January 1, 1985 and shall present documentary evidence that: 1) the second dwelling unit was constructed prior to March 17, 1924; and 2) the unit was in use for any three years between 1978 and 1982 inclusive, which shall, for this purpose, be considered prima facia evidence of continuous use since 1924; and the building commissioner shall issue a certificate of occupancy, which shall remain effective so long as the - - second dwelling unit remains in continuous use. If suffi- cient evidence of construction prior to March 17, 1924 and of continued use is not ,presented, the second dwelling unit shall be considered a second dwelling unit in violation, and shall comply with paragraph 5.2.6. C. If an owner does not apply for a certificate of occupancy by January 1, 1985, he /she shall be required to present evidence of continuous use of the second dwelling unit since 1924 in order to obtain a certificate of occupancy, and shall be subject to penalties under paragraph 3.1.1. ;ay (Adjourned Session of the 1983 Annual Town Meeting - April 6, 1983.) Article 14. (Motion as adopted under Article 14: (Cont.) (Cont.) 5.2.6 SPECIAL CONDITIONS, EXISTING SECOND DWELLING UNITS IN VIOLATION All second dwelling units which existed as of January 1, 1983, in a one family dwelling in an RO or RS district, except those which are a lawful, non- conforming use, or those which were granted a special permit under Table 1, Use Regulations Schedule, line 1.6, dwelling conversion to two family, or similar provisions of preceding Zoning By -Laws, are in violation of the Zoning By -Law. a. Owners of existing second dwelling units in violation must apply to the building commissioner for a determination of compliance with paragraph 5.2.2 before January 1, 1985. Applications shall be accompanied by a filing fee and by such plans and other documentation related to the conditions and requirements of paragraph 5.2.2, as may be required by the building commissioner. b. Within 90 days the building commissioner shall issue one of the following: 1. A determination of compliance with paragraph 5.2.2, and a certificate of occupancy. 2. A conditional determination of compliance with paragraph 5.2.2, describing corrective changes needed to bring the second dwelling unit into compliance, which changes shall be completed within 90 days of the date of the conditional determination. Upon successful completion of the re- quired changes, the building commissioner shall issue a certificate of occupancy. 3. A determination of non - compliance with one or more of the requirements of paragraph 5.2.2, together with a listing of those requirements and conditions with which com- pliance cannot be achieved through corrective changes. The owner of a second dwelling unit built prior to January 1, 1983 is eligible to apply within 60 days of the date of the determination to the SPGA for a special permit for maintenance of an existing, non - complying apartment, subject to the special conditions in subparagraph 5.2.6.c, below. C. Special conditions for second dwelling units constructed prior to January 1, 1983 that comply with at least subpara- graphs 5.2.2.a.1, 2, and 3; 5.2.2.b.1; and 5.2.2.c. 1. Upon presentation of evidence of construction prior to January 1, 1983, the owner may apply to the SPGA for a special permit for maintenance of an existing non- complying apartment. 2. The SPCA shall ordinarily grant a special permit for the existing non - complying second dwelling unit unless specific evidence is submitted supporting any claim that the unit has caused a deterioration of the single family neighborhood, a decrease in property values, or has caused any other substantial detrimental effect on the public welfare and convenience. In weighing such claims and evidence, the SPGA shall consider whether any changes .required to bring the second dwelling unit into com- pliance are sufficient to counteract any prior negative impact. 3. In granting a special permit, the SPGA may impose such additional conditions as it may deem necessary to protect the single family appearance of the dwelling, and to bring the dwelling as close to conformity with the � s conditions and requirements for new accessory apartments, paragraph 5.2.2, as is feasible. 4. A special permit granted by the SPGA shall include a condition that a certificate of occupancy shall be ob- tained for periods not to exceed three years in the same manner as set forth in paragraph 5.2.3. No subsequent certificate of occupancy shall be issued unless there is compliance with the plans and conditions approved by the SPGA. (Adjourned Session of the 1983 Annual Town Meeting - April 6, 1.983.) F �3 Article 14. (Motion as adopted under Article 14: (Cont.) (Cont.) 5. If a special permit is granted and corrective changes are required, they must be completed within 90 days of the date of granting the permit. When required changes are completed, the building commissioner will issue a certificate of occupancy. 6. If a special permit is denied, the second dwelling unit shall be terminated within one year of the date of the denial. d. If an owner fails to comply with paragraph 5.2.6 the second dwelling unit shall be terminated within six months of the date of notice from the building commissioner, and the owner shall be subject to penalties as provided in paragraph 3.1.1 for each day the second dwelling unit is in use after January 1, 1985. b. deleting the following existing definitions from Section 2: DWELLING CONVERSION DWELLING, ONE FAMILY DWELLING UNIT FLOOR AREA FAMILY PARKING SPACE and inserting the following new definitions in Section 2 in the proper.alphabeti.cal sequence: ACCESSORY APARTMENT: A second dwelling unit located within a structure constructed as a detached one family dwelling, subordinate in size to the principal unit and separated from it in a manner that maintains the appearance of the structure as a single family house. BEDROOM: A private room, however named, planned, intended or used for sleeping, and separated from other rooms by walls and a door. CERTIFICATE OF OCCUPANCY: The certificate issued by the Building Commissioner which permits the use of a building in accordance with approved plans and in compliance with the Zoning By -Law. DWELLING: A structure, or part of a structure, which: 1) is designed or used primarily for human habitation; 2) contains one or more dwelling units; and 3) is capable of separate ownership. DWELLING, ONE FAMILY DETACHED: A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means. DWELLING UNIT: One or more rooms, designed, occupied or in- tended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household. FAMILY: An individual, or two or more persons related by blood, marriage or adoption, living together as a single housekeeping unit and occupying one dwelling unit; or a group of individuals, not so related, but living together as a single housekeeping unit. For purposes of controlling resi- dential density, not more than four unrelated individuals shall constitute a family. (Adjourned Session of the 1983 Annual Town M eeting - April 6, 1983.) Article 14. (Motion as adopted under Article 14: (Cont.) (Cont.) FLOOR AREA, GROSS: The sum, in square feet, of the horizontal areas of all floors of a building or several buildings on the same lot measured from the exterior face of exterior walls, or from the center line of a party wall separating two buildings. Where the text of this By -Law refers to floor area, the term shall mean gross floor area unless the term net floor area is used. FLOOR AREA, NET: The sum, in square feet of the occupiable or habitable area in a building, which shall be determined by ex- cluding the following from calculation of gross floor area: a. areas used for parking or loading b. areas devoted exclusively to the operation and maintenance of a building, irrespective of its occupants, such as heating, ventilating and cooling equipment, electrical and telephone facilities, fuel storage, elevator machinery or mechanical equipment C. the thickness of load bearing walls, at each floor d. elevator shafts and common stairways, and common hallways at each floor e. porches, balconies, fire escapes which are unroofed. PARKING SPACE: An area on a lot (off- street) available for the parking of one automobile, subject to the design standards of Section 9.8, but not including maneuvering space. A parking space may be entirely outdoors or within a structure. ROOMING UNIT: One or more rooms designed, occupied or intended for occupancy as separate living quarters for one roomer or boarder with sleeping facilities but no kitchen facilities. C. In Table 1, USE REGULATION SCHEDULE, in line 8.1: 1) by striking the words "Taking not more than three boarders or letting or renting of rooms without cooking facilities to..." and substituting in place thereof the words "Room- ing units, without kitchen facilities, for..." so that the phrase, as amended, shall read "Rooming units, without kitchen facilities, for not more than three persons in an existing dwelling by a family resident therein *;... "; and 2) by redesignating lines 8.2 through 8.14 as 8.3 through 8.15 respectively 3) by inserting a new line 8.2, as follows: "8.2 Accessory apartment subject to section 5.2" and under the column headed RO, RS the symbol "yes" and under all other columns in Table 1 the symbol "No "; and * * * * * * d. In Section 9.8 PARKING AND LOADING REGULATIONS 1) by adding to sub- paragraph 9.8.1 a a second sentence, as follows: "The requirement for free and unimpeded access to a street shall not apply to a one .family dwelling." 2) In Section 9.8.5, SCHEDULE OF REQUIRED PARKING AND LOADING a) by adding in the third line, the words "of net floor area" after the words "s.f. - square feet" so that the third line, as amended, will read "s.f. - square feet of net floor area" b) by striking the line "RO, RS boarding or lodging dwelling 1 for each boarder and lodger and inserting in place thereof two new lines under the headings indicated DISTRICT USE REQUIRED PARKING SPACES RO, RS accessory apartment 1 per dwelling unit Any rooming unit 1 per rooming unit t�' (Adjourned Session of the 1983 Annual Town Meeting - April 6, 1983.) fe � 1Tq e Article 14. (Motion as adopted under Article 14: (Cent.) (Cent.) c) by adding a note at the end of the table for required parking spaces and before the table for required loading facilities as follows: "NOTE: to simplify the calculation of net floor area, 80 per cent of the gross floor area may be used." e. 1) deleting the heading "5.1 SECTIONS CONTROLLING USES" and substituting in place thereof the heading "5.1.1 PERMITTED USES "; 2) inserting above the second paragraph in section 5.1, which begins "In the Use Regulations....," a new heading, 11 5.1.2 PRINCIPAL USES, ACCESSORY USES "; 3) renumbering sub - section "5.2" MORE THAN ONE CLASSIFICATION as "5.1.3 ", 4) renumbering sub - section "5.3" USES NOT LISTED as "5.1.4 ". f. By inserting a new section, as follows: "5.3 CONVERSION OF ONE FAMILY DWELLINGS The SPCA may issue a special permit for the alteration of a one family dwelling to accommodate two families, executed such that: a) The appearance and character of a one family dwelling is preserved. b) The gross habitable floor area for each family in such dwelling is at least 700 square feet. C) No major exterior structural changes are made, except such as may be required for safety by the General Laws of the Commonwealth. d) Stairways leading to the second or any higher floor are enclosed within the exterior walls of the building. In Favor 146 Opposed 32 More than the required two - thirds having voted in favor the motion is adopted. 9:52 P.M. (See Page 227) James F. Crain moved that this meeting be adjourned to Wednesday, May 4, 1983 at 8 P.M. in Cary Memorial Hall. (This date was chosen as Town Counsel Norman P. Cohen had another commitment for Monday, May 2, 1983.) 9:53 P.M. George A. Burnell served notice of reconsideration of Article 14. 9:54 P.M. Motion to adjourn to Wednesday, May 4, 1983 at 8 P.M. in Cary Memorial Hall was adopted by voice vote. 9:57 P.M. A true copy. Attest: Mary R. McDonough, Town Clerk b 4 ADJOURNED SESSION OF THE 1983 ANNUAL TOWN MEETING MAY 4, 1983 The meeting was called to order in Cary Memorial Hall at 8 P.M. by the Moderator, Lincoln P. Cole, Jr. and was immediately recessed subject to the call of the Chair. The meeting reconvened. at 8:13 P.M. There were 184 Town Meeting Members present. In the absence of the clergyman, Rev. Harvey Meppelink of the Assemblies of God Christian Center, the Moderator offered the invocation. 8:13 P.M. The Moderator called a formal recess at 8:14 P.M. in order that honors could be paid to the championship Precision Skaters from the Hayden Center. The following were introduced, brought to the front of the hall and given a standing ovation: Shirley Holdsworth, member and coach of the EIS FRAUS Laura Lowder, captain of the HAYDENETTES Dani Patkin, captain of the ICE MATES and the coaches of the HAYDENETTES and THE ICE MATES - Lynn Benson and Joyce Winship. 8:17 P.M. Robert F. Sacco read the Selectmen's Proclamation which proclaimed May 4 as Precision Skating Day. 8:19 P.M. Stephen W. Doran presented a. resolution from the House of Representatives honoring the championship skaters. 8:20 P.M. Article 2. James F. Crain, Chairman of the Board of Selectmen, gave the following sequence of action on the articles: Financial articles: 19, 20, 21, 22, 23, 24 and 27. Public Works articles: 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 and 41. Other financial articles: 42, 43, 44, 45, 46, 47, 48, 49, 50 and 51. Articles 9, 7, 8, 11, 15 and close on Article 52. 8:25 P.M. Richard M. Perry moved that the Town of Lexington Contributory Retirement System Actuarial Report be accepted and placed on file. 8:25 P.M. Barry M. Gilman, an Enrolled Actuary and a Lexington resident, was recognized and, as the individual that prepared the actuarial valuation of the pension liabilities, gave a short explanation of the report. 8 :27 P.M. The report as presented by Mr. Perry was unanimously accepted and placed on file. 8:29 P.M. Stephen Michael Politi moved that Article 8 be taken from the table. This motion was adopted by voice vote. 8:29 P.M. (See Page 209) Article 8. AUTHORIZE SPECIAL LEGISLATION TO AMEND SELECTMEN -TOWN MANAGER ACT Stephen Michael Politi stated that the Selectmen /Town Manager Act Review Committee, as appointed by the Selectmen, did- not recommend that this article be brought up at this Annual Town Meeting. It (Adjourned Session of the 1983 Annual Town Meeting - May 4, 1983.) e' Article B. was felt that there would be more time for in depth study if it (Cont.) were brought up at the 1984 Annual Town Meeting or at a Special Town Meeting if one was held sooner. Mr. Politi moved that this article be indefinitely postponed. 8:30 P.M. Homer J. IIagedorn, Chairman of the above named committee, was recognized and he spoke to the charge to the committee and in favor of indefinite postponement. 8:30 P.M. After a short discussion, the motion to indefinitely postpone Article 8 was adopted unanimously. 8 :35 P.M. Article 9. AUTHORIZE SPECIAL LEGISLATION CREATE HOUSING ASSISTANCE BOARD (See Pages 209 and 272) Margery M. Battin moved to postpone Article 9 until after Article 7 (which is to be taken up after Article 51). 8:36 P.M. Mrs. Battin explained that the final draft of legislation has not been agreed upon at this time. 8:37 P.M. Motion to postpone Article 9 until after Article 7 was declared adopted by voice vote. 8:38 P.M. Article 2. Nyles Nathan Barnert moved that the Report of the Capital Expendi- tures Committee be accepted and placed on file, 8:39 P.M. Mr. Barnert gave a short explanation of the report. 8:39 P.M. It was adopted unanimously to accept and place on file the Report of the Capital Expenditures Committee. 8:40 P.M. William J. Dailey, Jr, moved that the Report of the Appropriation Committee and the Supplemental Report of the Appropriation Committee be accepted and placed on file. Adopted Unanimously. 8:40 P.M. Article 19. SUPPLEMENTARY APPROPRIATIONS FOR CURRENT FISCAL YEAR (FY 83) Presented by Robert F. Sacco. (As MOTION: That the sum of $115,000 be appropriated to line item 1700 - adopted) Group Insurance, to be used in conjunction with money appropriated under Article 4 of the warrant for the 1982 annual town meeting, and to raise such amount $115,000 be transferred from the Reserve Fund - Overlay Surplus. 8:41 P.M. Mr. Sacco explained that there had been a 35% increase in premium rates as of April l and this appropriation is for the last quarter. The renewal contract date has been adjusted to July 1 for next year. Motion, as presented by Mr. Sacco declared adopted unanimously. 8:43 P.M. 211 6 (Adjourned Session of the 1983 Annual Town Meeting - May 4, 1983.) Article 20. OPERATING BUDGET Presented by James F. Crain. MOTION: That the following amounts be appropriated for the ensuing fiscal year and be raised in the tax levy except where a transfer is indicated they shall be provided by such a transfer. 8:43 P.M. (See (The following Town Meeting Members and Town Meeting Members at Pages 248- Large have indicated that they would abstain from voting on this 252 for article: William W. Welch, Jr., Richard M. Perry, Laurel A. motion Macauda (a1.1 in writing) adopted Lincoln P. Cole, Jr. (Would not vote on Board of Appeals under items but would vote on any other items if voted on Art.20, separately) with the Mary R. McDonough) exception of line Robert M. Hutchinson, Jr., Town Manager gave an abbreviated version item of the budget figures and assumptions for FY 1984. #6050. For Total Town Budget $16,081,734 line Total School Budget 1 8_ ,607 ,_945 item #6050 Total Appropriations 34,689,319 see Pages 241, 247,273 & 274) State /County Assessments 3,295,627 Assessors Overlay & Judgments 750,000 Gross Amount to be raised by taxes 38,734,946 Estimated Receipts- Cherry Sheet 5,012,700 Local 2,946,024 Use of Available Funds 2,530,392 Net Amount to be raised by taxes $28,245,830 Total Valuation (Est. FY 84) $1,287,201,500 Estimated Tax Rate: Residential 19.98 Commercial 29.19 8:56 P.M. The Moderator read the following items under Article 20: Selectmen's Department #1000 Personal Services $ 33,635 1050 Expenses 8,100 8:57 P.M. Town Manager's Office 1060 Personal Services 116,965 1065 Expenses 7,000 8:57 P.M. Town Manager's Jur isdiction 1070 Temporary Help & Overtime 45,000 1075 Clerical Pool 11,392 1.080 Office Furniture & Fixtures 3,000 1090 General Professional Services 25,000 1125 Fire & Police Medical 30,000 1130 Director of Guides - P.S. 1,000 1135 Out -of- State Travel 5,000 1141 Tuition & Training Fees 11,500 1142 In -State Travel 10,000 8:58 P.M. (Adjourned Session of the 1983 Annual Town Meeting - May 4, 1983.) 7 ,,.rw (uSnedergk. 24 25 wi f fE r tw oti 7 o c n a go8t e of line iteme8s0, for wiicri see Pages Article 20. Selectmen's Jurisdiction 241, 247, 273 and 274) (Cont.) 41148 Safety Program Expenses $ 1,000 8:58 P.M. Town Clerk's Depar 11.50 Personal Services 70,032 1200 Expenses 1,475 8:58 P.M. Bo ard of Appeals 1500 Personal Services 15,371 1550 Expenses 2,650 8:58 P.M. Planning Board 1600 Personal Services 46,407 1650 Expenses 5,250 8:58 P.M. Insur ance 1700 Group 1,465,000 1750 Municipal Property & Workmen's Compensation 324,933 8:58 P.M. Printing Town Repo 1760 Expenses 5,000 8:58 P.M. Law Department 1775 Law Fees 65,000 1800 Law Expenses 18,000 8:59 P.M. Elections 1900 Selectmen Jurisdiction 8,600 1950 Town Clerk Jurisdiction 12,487 8:59 P.M. Board of Registrars 2000 Personal Services 8,406 2050 Expenses 13,800 8:59 P.M. Town Committees 2250 Appropriation Committee Expenses 925 2370 Misc. Committees & Boards Expenses 2,500 2400 Town Celebrations Committee Expenses 7,500 9 P.M. Historic Districts Commission 2450 Expenses 1,800 9 P.M. Conservation Commission 2460 Expenses 6,035 2465 Personal Services 31,307 9 P.M. Recreation Committee 2470 Personal Services 103,771 2480 Expenses 19,100 9 P.M. 3 L (Adjou Session of the 1983 Annual Town Meeting - May 4, 1983.) (See Pages 248 -252 for motion adopted under Art. 20, with the Article 20. exception of line item 46050, for (Cont.) Treasurer /Collector's Department which see Pages 241, 247, 273 & 274) #2500 Personal Services 104,094 2525 Expenses 26,850 2575 Foreclosure & Redemption 3,500 9 :01 P.M. Comptroller's D 2800 Personal Services 127,272 2850 Expenses 3,650 9 :01 P.M. Comptroller's Jurisdiction 2925 Office Machines - Capital. Outlay 9,500 2930 Office Machines- Maint. & Repair 8,000 2935 Office Services - Copier & Supplies 11,000 2940 Metered Mail 28,000 9:01 P.M. Assess Department 2950 Personal Services 68,601 9:02 P.M. Manfred P. Friedman stated that he felt that the salary for the Assessors was too high and that as the town employed a professional Assessor the Assessors' salary should be less. He compared salaries with other towns in the area and claimed that Lexington was the highest paid. Mr. Friedman moved that line item #2950 be amended by striking the number $68,601. and replacing it with the number $67,101. 9 :04 P.M. Robert M. Hutchinson, Jr., Town Manager, explained that the Assessors had to be certified and therefore had to attend • school in order to attain this. The Lexington Assessors have • much better record than the other towns cited as some of the other towns had problems with their revaluations and tax rates were not certified as soon as Lexington's. Mr. Hutchinson opposed Mr. Friedman's amendment. 9:07 P.M. James F. Crain voiced the unanimous opposition of the Board of Selectmen to Mr. Friedman's amendment. 9:09 P.M. Mr. Friedman's motion to amend was declared lost by voice vote. 9:09 P.M. 3000 Expenses 9,100 9 :09 P.M. Health Department 3250 Personal Services 54,105 3300 Expenses 8,000 3450 Rabies Clinic 2,875 9:10 P.M. Health Jurisdiction - Animal Control Officer 3500 Personal Services 17,500 3550 Expenses 6,650 9 :10 P.M. Police Department 3760 Police Department Management and Staff - Personal Services 410,500 (Of which $17,000 is to be transferred from the Parking Meter Fund) 9:10 P.M. (Adjourned Session of the 1983 Annual Town Meeting - M ay 4, 1983. ,. (See Pages 248 -252 for motion adopted under Art. 20, with the exception of Article 20. Pol De (Cont.) line item #6050, for which see Pages (Cont.) _ 241, 247, 273 & 274) #3770 Police Department Collective Bargaining Unit- 1,178,983 Personal Services 3800 Expenses 225,700 To which the sum of $10,000 in available and anticipated P.L. 96 -604 (General Revenue Sharing Funds) is to be applied. 3900 Parking Meter Maintenance 2,500 (Of which $2,500 is to be transferred from the Parking Meter Fund) 9:10 P.M. Fire Department 4110 Fire Department Management and Staff - Personal Services 113,116 4120 Fire Department Collective Bargaining Unit- Personal Services 1,403,016 4150 Expenses 122,635 9:11 P.M. Local Disaster Services 4300 Personal Services 200 4350 Expenses 500 9:11 P.M. Inspection Department 4450 Personal Services 92,721 4500 Expenses 3,240 9:11 P.M. Ephraim Weiss moved that line item No. 44 - Personal Services be changed by increasing the figure stated in the motion by $40,000. 9:11 P.M. Mr. Weiss explained that this amendment is due to the adoption of the Accessory Apartments By -Law adopted at the April 6, 1983 session of this town meeting. This increase, which would represent two or three people, would assist the Building Commissioner in his enforcement of the by -law. Mr. Weiss claims that the Building Commissioner is understaffed and cannot enforce the current Zoning By -Laws now. 9:15 P.M. Selectman James F. Crain stated that the Town Manager feels that as this is a new by -law and that the town has no experience with it that there should no increase in the budget until next year. At that time, after the year's experience, it could be better judged what the dollar amount should be. 9:18 P.M. William J. Dailey, Jr. stated that the Appropriation Committee recommended against this amendment and added that there is no place in the budget for the increase of the $40,000. 9:18 P.M. Mr. Weiss's motion to amend is declared lost by voice vote. 9:23 P.M. Director of Public Works Office 4900 D.P.W. Collective Bargaining Unit - Personal Services 1,239,434 (Of which $35,000 is to be transferred from the Westview Perpetual Care Fund and $20,000 from Westview Sale of Lots Fund) 4950 Public Works Management and Staff Personal Services 387,708 5000 Expenses 12,320 9:24 P.M. (Adjourned Session of the 1.983 Annual Town Meeting - May 4, 1983.) (See Pages 248 -252 for motion adopted under Art. 20., with. the exception of Article 20. Engineering Department line item #6050, for which see Pages (Cont.) 241, 247, 273 & 274) #5100 Personal Services 227,158 9:24 P.M. John F. Downey, Jr. moved to strike the figure $227,158 under line item 5100 and replace it with the figure $147,000. 9:25 P.M. Mr_ Downey was concerned about the origin of the money for the Water Study and was told by the Town Manager that it came from the Overlay Surplus Fund. 9:28 P.M. James F. Crain stated that the Board of Selectmen unanimously opposed the amendment. 9:28 P.M. Mr. Downey's motion to amend was declared lost by voice vote. 9:28 P.M. 5150 Expenses 9:28 P.M. 15,000 Town Bui ldings Maintenance 5200 Personal Services 79,384 5250 Expenses 240,450 9:28 P.M. Highway /Traffic Division 5400 Expenses 165 005 (Of which $20,000 is to be transferred from , the Parking Meter Fund.) 9:29 P_M_ Road Machinery 5450 Expenses 228,175 9:29 P.M. Snow Removal 5500 Expenses 128,325 (Of which $19,500 is to be transferred from the Parking Meter Fund) 9:30 P.M. Street Lights 5600 Expenses 360,000 To which the sum of $360,000 in available and anticipated P.L. 96 -604 (General Revenue Sharing Funds) is to be applied. 9:30 P.M. Se wer & Water Maintenance 5700 Expenses 192,631 9:30 P.M. Refus Collec 5800 Contract 500,000 9:30 P.M. John C. Eddison said that on May 7 Governor Dukakis is pro- claiming the month of May as a major clean -up for Massachusetts. Mr. Eddison and Selectman John F. McLaughlin have been appointed by the Selectmen to head a committee to clean up litter in Lexington. They will be assisted by other town committees and some organizations and could use any help that is available. 9:33 P.M. (Adjourned Session of the 1983 Annual Town Meeting - May 4, 1983.) 241 (See Pages 248 -252 for motion adopted under Art. 20, with the exception of Article 20. Sanitary Landfill line item #6050, for which see Page (Cont.) #5850 Expenses 2,000 9:33 P.M. In response to a question by Robert r3. Rotberg, Town Manager Robert M. Hutchinson, Jr. said that the successful bidder for rubbish collection was SCA and they expected satisfactory service as had been given by BFI, the current collector. 9:35 P.M. Park / Shad e Tree Division 6000 Expenses 97,075 9:35 P.M. 6050 Insect Suppression 10,000 9:35 P.M. (For James F. Crain requested that James W. Lambie, Chairman Item of the Board of Health be recognized. 9:35 P.M. #6050 See Mr. Lambie introduced the following individuals who spoke Pages on the subject of mosquito control: 247, 273 & Michael Erdos, M.D., Member of the Board of Health who 274) spoke on the transmission of the disease (Eastern Equine Encephalitis, known as FEE) David Henley, Superintendent, East Middlesex Mosquito Control Project who spoke on the project itself Linda Roemer, Ph.D., Member of the Board of Health who gave the views and stand of the Board 9:45 P.M. Paul E. Hamburger read and filed the following petition signed by 1270 Lexington residents: TO THE BOARD OF SELECTMEN AND TOWN MEETING, TOWN OF LEXINGTON: 1. We support mosquito control measures, including spraying, in Lexington, should it be deemed necessary by the Lexington Board of Health in order to reduce the risk of residents contracting Eastern Equine Encephalitis (EEE). 2. We urge the Board of Selectmen and Town Meeting to call upon the Massachusetts Department of Public Health to provide an active, ongoing mosquito moni- toring program in East Middlesex County each year. Monitoring the LEE virus level in local mosquitoes gives us another_ tool to help identify which years are low- or high -risk, so that we may reserve the use of pesticides for only those years in which a high risk of human EEE is indicated. 9:46 P.M. Linda Behar, Parents Concerned About EEE, read a letter from Dr. Mary E. Perry, a local pediatrician, in support of the mosquito control program. 9:48 P.M. Manfred P. Friedman questioned the effectiveness of the spraying. 9:52 P.M. Frank Sandy moved to amend by adding: No funds shall be expended under line item 6050 for spraying of insecticides unless the Town is informed by the State Board of Health that such action is necessary due to a danger to humans of Eastern Equine Encephalitis. 9:57 P.M. (Adjourned Ses sion o f the 1983 Annual Town Meeting h eld May 4 , 1983.) 242 - - -- Article 20. (Cont.) #6050 Insect Suppres (Cont.) Dr. Roemer said that the Board is not asking for aerial spraying (See Pages at this time as it will be done by truck spraying. She read a 248 -252 memo from Alfred Frechette, Commissioner of Public Health urging for motion local action. 10:01 P.M.' adopted under Art. James F. Crain stated that the Board of Selectmen supports the 20, with Lexington Board of Health and they do not feel that the local the except- board needs the monitoring of the state. 10:01 P.M. ion of line item #6050, Dr. Roemer said that the Board of Health would consult with q; for which the State Department of Health before making any decisions see Pages about spraying. 10:07 P.M. 247, 273 & 274) Answering a query by Renee Cochin, James W. Lambie said that the Board of Health did not support Mr. Sandy's amendment. 10:09 P.M. Mr. Sandy's motion to amend was declared lost by voice vote. 10:09 P.M. Stephen W. Miller said that he had talked with his colleagues at Massachusetts General Hospital and the feeling is that this disease (EEE) is very rare. He added that spraying is only effective if done early in the morning or late in the evening. 10:15 P.M. In answer to a question raised by Robert I. Rotberg, David Henley showed slides listing the cost as follows: Lar-viciding $ 4,000 Water Management 2,500 Surveillance 1,000 Adulticiding 2,000 Total $ 9,500 „ 1.0:25 P.M. Albert P. Zabin does not feel., as some do, that the proponents are doing this in a state of hysteria and he urged support. 10 :27 P.M. Martin K. White stated that he supported the line item but hoped that there will be education for the residents. 10:33 P.M. In answer to Iris G. Wheaton's question regarding the difference of $500 between the cost and the budget request, the Town. Manager said that it would be used for spraying for the Park Department, possibly for beatles. 10 :38 P.M. James E. Barry spoke in support. 10:42 P.M. Cemeteries 6400 Expenses 19,990 10:43 P.M. HUMAN SERVICES Veterans' Benefits 7100 Personal Services 8,653 7150 Administration 160 7200 Aid & Expenses 20,000 7250 Grave Registration Expenses 400 7300 Burial Expenses 250 10:43 P.M. (Adjourned Session of the 19 Annual Town Meeting - May 4, 1983.) ,,,_ (See Pages 248 -252 for motion adopted under Art. 20, with the exception of line item #6050, Article 20. Cou on Aging for which see Page (Con t. #7340 Personal Services 17,298 To which the sum of $17,298 in available and anticipated P.L. 96 -604 (General Revenue Sharing Funds) is to be applied. 7360 Expenses 29,050 To which the sum of $29,050 in available and anticipated P.L. 96 -604 (General Revenue Sharing Funds) is to be applied. 10:44 P.M. Other Human Services 7410 Mystic Valley Mental Health 1,000 10:44 P.M. Carolyn H. Tiffany voiced her concern, as a member of the Board of Directors of the Mystic Valley Mental Health, of the reduction of $9,000 in the budget appropriation. 10 :45 P.M. James F. Crain voiced his disappointment in the feedback from the Mystic Valley Mental Health and it was the recommendation that a signal be given to them this year that the data is needed, and if not received the appropriation would be decreased. He added that there is no question of the quality of services by Mystic Valley. 10:50 P.M. Walter Leutz moved that under line 7410 that the figure of $1,000 be replaced by $10,000. 10:52 P.M. Mr. Crain repeated that the support of the data was the only problem, not the quality of service. 10:52 P.M. At Ms. Tiffany's request, the Director of Mystic Valley, Dr. Richard Weiss was recognized and stated that the effect of the reduction of $9,000 would mean a reduction in the level of services. 330 Lexington residents were served during this past year. 10:55 P.M. William J. Dailey, Jr, stated that the Appropriation Committee has been discouraged each year about the information coming back from Mystic Valley. 11:04 P.M. Jacquelyn H. Ward spoke in opposition to the amendment of Mr. Leutz and added that Mystic Valley should be made accountable. 11:05 P.M. Mr. Leutz's motion to amend was declared lost by voice vote. 11:05 P.M. 7420 Public Health Nursing 7,434 11:05 P.M. (See Page 245) Elaine Dratch moved to table line item 6050 which was declared lost by voice vote. 11:07 P.M. Article 2. James F. Crain said that the report on the Muzzey School Conversion would be given at the May 11, 1983 session of this town meeting. 11:08 P.M. James F. Crain moved that this meeting be adjourned to Monday, May 9, 1983 at 8 P.M. in Cary Memorial Hall. 11:08 P.M. 2 (Adjourned Session of the 1983 Annual Town Mee - May 4, 1983.) Daniel E. Power voiced his concern over the fact that there had not been any discussion on the figures in the Actuarial Report of the Town of Lexington Contributory Retirement System as had been requested at the 1982 Annual Town Meeting. He wanted a full and frank discussion on pension items #x7800, 7810 and 7825. He requested that the Board of Selectmen present a full discussion on the pension funding at next Monday's meeting. Mr_. Crain answered that they had the information and it would be presented at next Monday's meeting. 11:10 P.M. In answer to a question raised by William T. Spencer, the Moderator stated that Article 20 has not been completed until final vote is taken. Article 20 is open. 11:10 P.M. In response to a query by Housing Authority Member James M. McLaughlin, James F. Crain said that as it came nearer to the time that Article 9 would be taken up (after Article 7 which is to be taken up after Article 51), the meeting would be made aware of the date. 11:10 P.M. Mr. Crain's motion to adjourn the meeting to Monday, May 9, 1983 at 8 P.M. in Cary Memorial Hall was adopted by voice vote. 11:12 P.M. A true copy. Attest: Mary R. McDonough, Town Clerk ky I,— A C ADJOURNED SESS OF THE 1983 ANNUAL TOWN MEETING MAY 9, 1983 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall and immediately recessed subject to the call of the Chair. The meeting was reconvened at 8.08 P.M. There were 183 Town Meeting Members present. Invocation offered by Rev. James Gorton of Grace Chapel. 8:10 P.M. The Moderator declared a formal recess at 8:10 P.M. James F. Crain, Chairman of the Board of Selectmen, read a motion, adopted at this evening's Selectmen's Meeting, recognizing this years nominees for National Merit Scholarships from Lexington. 8:12 P.M. Richard A. Kraus, Senator in General Court from the Fourth Middlesex District, was recognized and honored the Lexington National Merit Scholar - ship Finalists and then called the name of each and the college that they would be attending and asked them to come to the front of the hall. Michael L. Abegg, Boston University Becky Chang, Wellesley Leah J;. Diskin, Stanford David K. Feurzeig, Harvard Joan M. Flanagan, Mind not made up Robert G. Good, Univ. of Rochester Charles P. Goodwin, Williams College David S. Hilzenrath, Harvard Rolf B. Huber (Brother Hans accepting for Rolf), MIT Sara L. Kocher, Wellesley Nikki A. Levin, Harvard Anne S. Lewinson, Williams College David I. Lukas, Undecided Deborah D. Pierce, Univ. of Chicago Linda A. Rosenbaum, Swarthmore Kathryn M. Ryder, Yale Christopher J. Stille, Brown Lucas E. Wolf, Univ. of Michigan Mr. Kraus presented each of the finalists with a citation and a copy of the proclamation from the Board of Selectmen. He stated that Lexington should be very proud of these students as Lexington had the highest number of Merit Finalists (18) of the public high schools in the Commonwealth. The group was given a standing ovation by the meeting. 8:19 P.M. Selectman Stephen Michael Politi presented one of this years Youth Awards to Amy Dockser. Of the three recipients this year, she was the only one that was absent on Patriots Day when the awards were given. Ms. Dockser received a standing ovation. 8 :23 P.M. The meeting was again called to order at 8:23 P.M. The Moderator declared that the meeting was now open on Article 20 which continued from the May 4, 1983 session of this meeting (See Page 243). (See Pgs. 248 -252 for motion adopted under Art. 20, with the exception of line item #6050, for which Article 20. (See Page 243) see Pages 241, 247, 273 and 274) (Cont.) ( other Human Services (Cont.) 47430 Community Services 44,316 To Which the sum of $44,316 in available and anticipated P.L. 96 -604 (General Revenue Sharing Funds) is to be applied. 8:23 P.M. Cary Memorial Library 7500 Personal Services 509,424 7550 Expenses 175,710 (Of which $2,802.46 is to be transferred from the County Dog License Fees. $14,739.50 in State Aid to Public Libraries is also available for use by the Trustees of the Library.) 8:24 P.M. w 24 6 (Adjo urned Session of the 1983 Annual Town Meet - May 9, 1983.) (See Pgs. 248 -252 for motion adopted under Art.. 20, Article 20. B oard of Retirement with the exception of line item #6050, for which see - (Cont.) Pages 241, 247, 273 and 274) #7800 Contributory Pension Fund 1,181,172 8:25 P.M. Margaret N. Brooke questioned the fact that the CMARC budget was not listed under. Item 47430, Community Services. Robert M. Hutchinson, Jr., Town Manager, answered that it was not in the Human Services Budget as it does not have the same status as Mystic Valley Mental Health or Replace at this time. This could change. 8:26 P.M. 7810 Pension Funding 300,000 8:26 P.M. Comptroller Richard M. Perry gave an explanation of the Unfunded Pension Funding. He stated that Lexington is one of thirteen cities or towns that are funding their pension systems. The town now has $1,000,000 in the fund with over $250,000 in earned interest. 8:33 P.M. 7825 Mon- Contributory Pension Fund 190,000 7850 Expenses 6,050 8:33 P.M. Public Schools 7920 Public School- Education 18,234,039 (Of which $11,950.00 is for out of state travel.) To which the sum of $230,791 in available and anticipated P.L. 874 and other Federal and State Funds, and $28,000 in available and anticipated athletic receipts is to be applied and the balance of $17,975,248 is to be raised in the tax levy. 8:34 P.M. Shepard Anthony Clough, Chairman of the School Committee, gave a short explanation of the bud.get.and then asked that J. Geoffrey Pierson, Superintendent of Schools, be recognized. 8:36 P.M. Mr. Pierson showed slides to assist him in his explanation. He discussed the 1983 -84 Budget Premises. He _stated that they are maintaining existing staffing ratios. Slides were shown on the Major Increases, Major Decreases, 1976 -83 Enrollment comparisons and the total budget increases from 1972/73 to 1983/84. 8:40 P.M. William J. Dailey, Jr., Chairman of the Appropriation, informed the meeting that although it is shown that 52.8% is the school share of the tax dollar that 59.10 is the actual share due to costs that are incorporated in the town budget, such as Blue Cross and Insurance, Workmen's Compensation etc. The increase in the school budget is the largest in six years (Ya), and the meeting should do some thinking during the coming year regarding any increases for next year. 8:47 P.M. Mr. Clough, with the aid of slides, showed teachers salaries compared to comparable communities and he added that the School Committee has worked hard to maintain the line. 8:52 P.M. 8100 Regional Vocational Technical High School Assessment 373,906 8:52 P.M. 8500 Interest on Debt 104,803 8:52 P.M. 8525 Tax and Bond Anticipation Loans 223,750 8:58 P.M. 4 (Adjourned Session of the 1983 Annual T own Meeting - May 9, 1983.) 2 ;. Article 20. (Cont.) 48550 Maturing Debt 880,000 (O£ which $764.26 is to be transferred from the appropriation voted under Article 40 of the Warrant for the 1979 Annual Town Meeting.) 8 :58 P.M. The Moderator stated that the question is on the motion as offered by James F. Crain on May 4, 1983 (See Page 236) with the exception of line item #6050. (For Susan S. Beck moved that line item 6050, Insect Suppression be Item amended as follows: #6050 See provided that any malathion used in mosquito control be analyzed Pages for impurities such as isomalathion before each application. 241 & 8:59 P.M. 273 & 274) George A. Burnell moved to amend but withdrew his motion immediately. 9:04 P.M. In response to a question raised by Ephraim Weiss, Dr. Linda Roemer, Member of the Board of Health, said that there is no way to know how many applications will be needed until they start spraying, if needed, and also weather conditions. 9:04 P.M. Gerald L. Abegg, reading from a trade paper, stated that malathion should be checked before each application. This was from the manufacturer of the product.. 9:06 P.M. Edward E. O'Sullivan moved to amend the amendment of Mrs. Beck to line item 46050 by adding the following: The stock of malathion to be used in spraying in the Town of Lexington shall be tested for impurities by the Eastern Middlesex Mosquito Control Board under the supervision of the Lexington Board of Health prior to any spraying. The results of said testing shall be forwarded to the Bd. of Selectmen. 9:07 P.M. Frank Sandy was of the opinion that the Eastern Middlesex Mosquito Control did not have the capability of testing and Iris G. Wheaton stated that malathion should be tested before each application and thought that the cost would be $100 per test. Dr. Roemer answered that the test cost would be $150. She added that Eastern Middlesex did not do the testing themselves but would arrange to have it done. The Board of Health would supervise the testing. 9:12 P.M. Donald J. Shaw moved the previous question which was declared lost by voice vote. 9:15 P.M. James F. Crain spoke of the high degree of support that the Board of Health had earned in regard to the mosquito issue alone. This statement was in answer to Ephraim Weiss's hope that the Board of Health would get the message that the meeting was not happy with - their. performance. 9:16 P.M. Arthur C. Smith moved to separate line item 6050, with the pending amendments from the rest of Article 20. 9:18 P.M. Mr. Crain voiced the support of the Board of Selectmen in regard to Mr. Smith's motion to amend. 9:18 P.M. Mr. Smith's motion to separate line item 6050, with the pending amendments, was declared adopted by voice vote. 9:18 P.M. Arthur C. Smith moved that line item 6050, with the pending amend- ments be postponed for further action following Article 9, which follows Article 7, which follows Article 51. This motion was declared adopted by voice vote. 9:21 P.M. 2 4SS (Adjourned S of the 1983 A nnual Town Meeting - May 9, 1983.) Article 20. Julian J. Bussgang moved that Line Item 7410 "Mystic Valley Mental (Cont.) Health" be amended by striking the sum of "$1,000" and replace there- for "$1.0,000" followed by the phrase "provided, however, that release of funds in part or in whole be authorized by the Human Services Committee ". 9:23 P.M. James F. Crain stated that the Selectmen unanimously opposed this amendment. 9:26 P.M. William J. Dailey, Jr., voiced the unanimous opposition of the Appropriation Committee to Mr. Bussgang's amendment. 9:29 P.M. Mr. Crain stated that we need hard data from those to whom the town gives money. 9:33 P.M. Dr. Stephen Bor_an, Chairman of the Human Services Committee, spoke from the balcony in answer to a question raised by Walter N. Leutz as to the description of the "hard data ". Dr. Boran said that the reporting was vague as to the programs and the units of work were not defined. 9:35 P.M. At the request of Town Counsel, Norman P. Cohen, Julian J. Buss - gang changed his amendment to read as follows: (See MOTION: That the line item 7410 "Mystic Valley Mental Health" be below amended by striking the sum of and replace therefor'$10,000" for followed by the phrase "provided, however, that release of funds in motion part or in whole be authorized by the Board of Health and the as Board of Selectmen. 9:37 P.M. adopted under Voice vote on Mr. Bussgang's motion to amend was doubted by the Article Moderator, so a standing vote was taken as follows: 20 (with Precinct In Favor Tellers O pposed _ the exception 1 1 Robert E. Breslin 14 of Line 2 5 Lynda A. Wik 12 Item 6050) 3 3 Paul V. Rif£in 9 4 5 Peter C. J. Kelley 11 5 4 John Orin Hayward 10 6 11 Thomas E. Fortmann 8 7 8 Graydon M. Wheaton 10 8 8 Carolyn H. Tiffany 8 9 9 L. Gail Colwell 8 At Large 2 Stanley E. Toye 18 Totals 56 108 Mr. Bussgang's motion to amend does not prevail. 9 :43 P.M. Main motion offered under Article 20 on May 4, 1983 by James F. Crain (see Page 236), with the exception of Line Item #6050 with the pending amendments to same, declared adopted unanimously. 9:46 P.M. (As (Article 20 as adopted (with the exception of line item #6050 with adopted) the pending amendments): MOTION: That the following amounts be appropriated for the ensuing fiscal year and be raised in the tax levy except where a transfer is indicated they shall be provided by such a transfer. Select Department 1000 Personal Services 33,635 1050 Expenses 8,100 Town Manager's Office 1060 Personal Services 11.6,965 1065 Expenses 7,000 (Adjourned Session of the 1983 Annual Town Meeting - May 9, 1983.) IJ (Article 20 as adopted (with the exception of line item #6050 with the pending amendments): Town Manager's Jurisdiction #1070 Temporary Help & Overtime 45,000 1075 Clerical Pool 11,392 1080 Office Furniture &Fixtures 3,000 1090 General Professional Services 25,000 1125 Fire & Police Medical 30,000 1130 Director of Guides - P.S. 1,000 1135 Out -of -State Travel 5,000 1141 Tuition & Training Fees 11,500 1142 In -State Travel 10,000 Sel ectmen's Ju 1148 Safety Program Expenses 1,000 Town Clerk's Department 1150 Personal Services 70,032 1200 Expenses 1,475 Board of Appeals 1500 Personal Services 1.5,371 1550 Expenses 2,650 Planning Board 1600 Personal Services 46,407 165.0 Expenses 5,250 Insurance 1700 Group 1,465,000 1750 Municipal Property & Workmen's Compensation 324,933 Printing Town Report 1760 Expenses 5,000 Law Department 1775 Law Fees 65,000 1800 Law Expenses 18,000 Elections 1900 Selectmen Jurisdiction 8,600 1950 Town Clerk Jurisdiction 12,487 Board of Registrars 2000 Personal Services 8,406 2050 Expenses 13,800 Town Committees 2250 Appropriation Committee Expenses 925 2370 Misc. Committees & Boards Expenses 2,500 2400 Town Celebrations Committee Expenses 7,500 Histori Districts Commis 2450 Expenses 11800 Conservation Commission 2460 Expenses 6,035 2465 Personal Services 31,307 �..,. (Adjourned Se _ 5 0 3 Se of the 1983 Annual Town Meeting May 9, 1.983.) (Article 20 as adopted (with the exception of line item #6050 with the pending amendments: Recreation Committee 42470 Personal Services 103,771 2480 Expenses 19,100 Tr easurer /Collector's Department 2500 Personal Services 104,094 2525 Expenses 26,850 2575 Foreclosure & Redemption 3,500 Comptroller's Department 2800 Personal Services 127,272 2850 Expenses 3,650 Comptroller's Jurisdiction 2925 Office Machines - Capital Outlay 9,500 2930 Office Machines - Maint. & Repair 8,000 2935 Office Services - Copier & Supplies 11,000 2940 Metered Mail 28,000 Assessors' Department 2950 Personal Services 68,601 3000 Expenses 9,100 Health Depar 3250 Personal Services 54,105 3300 Expenses 8,000 3450 Rabies Clinic 2,875 Health Jurisdiction - Anim Control Offi 3500 Personal Services 17,500 3550 Expenses 6,650 Police Department 3760 Police Department Management and Staff- Personal Services 410,500 (Of which $17,000 is to be transferred from the Parking Meter Fund) 3770 Police Department Collective Bargaining Unit - Personal Services 1,178,983 3800 Expenses 225,700 To which the sum of $10,000 in available and anticipated P.L. 96 -604 (General Revenue Sharing Funds) is to be applied. 3900 Parking Meter Maintenance 2,500 (Of which $2,500 is to be transferred from the Parking Meter Fund) Fire Department 4110 Fire Department Management and Staff - Personal Services 113,116 4120 Fire Department Collective Bargaining Unit - Personal Services 1,403,016 4150 Expenses 122,635 Local Disaster Services 4300 Personal Services 200 4350 Expenses 500 4- e' (Adjourned Session of the 1983 Annual Town Meeting - May 9, 1983.) �r) (Article 20 as adopted (with the exception of line item #6050 with the pending amendments: Inspection Department #4450 Personal Services 92,721 4500 Expenses 3,240 Directo of Public Works Office 4900 D.P.W. Collective Bargaining Unit - Personal Services 1,239,434 (Of which $35,000 is to be transferred from the Westview Perpetual Care Fund and $20,000 from Westview Sale of Lots Fund) 4950 Public Works Management and Staff Personal Services 387,708 5000 Expenses 12,320 Engineering Department 51.00 Personal Services 227,158 5150 Expenses 15,000 To wn Buildings M 5 200 Personal Services 79,384 5250 Expenses 240,450 Highway /Traffic Division 5400 Expenses 165,005 (Of which $20,000 is to be transferred from the Parking Meter Fund.) Road Machin 5450 Expenses 228,175 Snow Removal 5500 Expenses 128,325 (Of which $19,500 is to be transferred from the Parking Meter Fund) Street Lights 5 600 Expenses 360,000 To which the sum of $360,000 in available and anticipated P.L. 96 -604 (General Revenue Sharing Funds) is to be applied. Sewer & Water Maintenance 5700 Expenses 192,631 Refuse Collection 5800 Contract 500,000 Sanitary Landfill 5850 Expenses 2,000 P ark /Shade Tree Division 6000 Expenses 97,075 (6050 Insect Suppression - See Pages 241, 247, 273 & 274) Cemeteries 6400 Expenses 19,990 2 a .. ( Adjourned Session of the � 1983 Annual Town Meeting - May 9, 1983.) (Article 20 as adopted (with the exception of line item #6050 with the pending amendments: HUMA SERVICES Veterans' Be nefits #7100 Personal Services 8,653 7150 Administration 160 7200 Aid & Expenses 20,000 7250 Grave Registration Expenses 400 7300 Burial Expenses 250 Council. on Agin 7340 Personal Services 17,298 To which the sum of $17,298 in available and anticipated P.L. 96 -604 (General Revenue Sharing Funds) is to be applied. 7360 Expenses 29,050 To which the sum of $29,050 in available and anticipated P.L. 96 -604 (General Revenue Sharing Funds) is to be applied. Other Human Services 7410 Mystic Valley Mental Health 1,000 7420 Public Health. Nursing 7,434 7430 Community Services 44,316 To Which the sum of $44,316 in available and anticipated P.L. 96 -604 (General Revenue Sharing Funds) is to be applied. Cary Memorial Library 7500 Personal Services 509,424 7550 Expenses 175,710 (Of which $2,802.46 is to be transferred from the County Dog License Fees. $14,739.50 in State Aid to Public Libraries is also available for use by the Trustees of the Library.) Board of Retirement 7 800 Contributory Pension Fund 1,181,172 7810 Pension Funding 300,000 7825 Non- Contributory Pension Fund 190,000 7850 Expenses 6,050 Public Schools 7920 Public School - Education 18,234,039 (Of which $11,950.00 is for out of state travel.) To which the sum of $230,791 in available and anticipated P.L. 874 and other Federal and State Funds, and $28,000 in available and anticipated athletic receipts is to be applied and the balance of $17,975,248 is to be raised in the tax levy. 8100 Regional Vocational Technical High School Assessment 373,906 8500 Interest on Debt 104,803 8525 Tax and Bond Anticipation Loans 223,750 8550 Maturing Debt 880,000 (Of which $764.26 is to be transferred from the appropriation voted under Article 40 of the Warrant for the 1979 Annual Town Meeting.) Adopted unanimously. 9:46 P.M. (See Page 248) (With the exception of Line Item 46050,for which See Pages 241, 247, 273 & 274) (Adjourned Session of the 1983 Annual Town Meeting - May 9, 1983 X Article 21. SALARY ADJUSTMENTS AND COLLECTIVE BARGAINING SETTLEMENTS (The following Town Meeting Members and Town Meeting Members at Large have indicated that they would abstain from voting on this article: William W. Welch, Jr., Richard M_ Perry, Laurel A. Macauda (all in writing) Lincoln P. Cole, Jr. (Would not vote on Board of Appeals items but would vote on any other items if voted on separately) Mary R. McDonough) Presented by John F. McLaughlin. MOTION: That $334,000 be appropriated for the ensuing fiscal year, in addition to those authorized under Article 20 of this warrant, to fund cost items (a) included in collective bargaining agreements reached between the Town and employee organizations and (b) resulting from such agreements as they bear on the Town employee wage and salary plan, and that such amount be raised in the tax levy. The amount voted is to be distributed among the following accounts as authorized by the Board of Selectmen: ACCT. # DEPARTMENT 1000 Selectmen 1060 Town Manager 1070 Temporary Help & Overtime 1075 Clerical Pool 11.30 Director of Guides 1150 Town Clerk 1500 Board of Appeals 1600 Planning Board 2000 . Board of Registrars 2465 Conservation Commission 2470 Recreation 2500 Treasurer /Collector 2800 Comptroller 2950 Assessor 3250 Health 3500 Animal Control 3760 Police Management and Staff 3770 Patrolmen and Sergeants - P.S. 4110 Fire Management and Staff 4120 Fire Coll. Bargaining Group - P.S. 4450 Inspectio 4900 D.P.W. Collective Bargaining Group - Personal Services 4950 D.P.W. Management and Staff 5100 Engineering 5200 Town Building Maintenance 7100 Veterans' Services 7340 Council on Aging 7500 Library 7825 Non - Contributory Pensions Adopted by voice vote. 9:50 P.M. Article 22. PRIOR YEARS' UNPAID BILLS Presented by John F. McLaughlin. MOTION: That this article be indefinitely postponed. Adopted unanimously. 9:50 P.M. f.5 k (Adjourned Session of the 1983 Annual Town Meeting - May 9, 1983.) Article 23. SUPPLEMENTAL APPROPRIATIONS FOR AUTHORIZED CAPITAL IMPROVEMENT PROJECTS Presented by John F. McLaughlin. MOTION: That this article be indefinitely postponed. Adopted unanimously. 9:50 P.M. Article 24. RESERVE FUND Presented by Robert F. Sacco. MOTION: That the sum of $150,000 be appropriated for the Reserve Fund and to raise such amount, $150,000 be transferred from the Reserve Fund - Overlay Surplus. Adopted unanimously. 9:52 P.M. Article 25. TAX ANTICIPATION BORROWING (See Page 215b) Article 26. CONSERVATION FUND (See Page 215b) Article 27. UNEMPLOYMENT COMPENSATION FUND Presented by Robert F. Sacco. MOTION: That the sum of $60,000 be appropriated for the unemploy- ment compensation fund to be used in conjunction with money previously appropriated for this purpose, and that such amount be raised in the tax levy. Adopted unanimously. 9:55 P.M. Article 28. RESCIND UNUSED BORROWING AUTHORIZATION (See Page 216) Article 29. INSTALL WATER MAINS Presented by Robert F. Sacco. MOTION: That the Selectmen be and they hereby are authorized to install new or replacement water mains in such accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; to appropriate the sum of $150,000 for such installation and land acquisition; that such amount be raised in the tax levy; and, in addition, that the Selectmen be authorized to apply for., accept, expend and borrow in anticipation of federal and state aid for such projects. 9:56 P.M. Mr. Sacco explained that funds are being requested to replace approximately 3,000 feet of 12 -inch water main and appurtenances along Massachusetts Avenue from Woburn Street to Harrington Road. Adopted unanimously. 9:57 P.M. c �,� � (Adjourned Session of the 1983 Annual Town Meeting - May 9, 1983.) �. 5;, Article 30. PRECONSTRUCTION WATER SYSTEM ANALYSIS Presented by Margery M. Battin. MOTION: That the sum of $80,000 be appropriated for engineering services for a pre- construction water system analysis, that such amount be transferred from the Reserve Fund - Overlay Surplus, and, in addition, that the Selectmen be authorized to apply for, accept, expend and borrow in anticipation of federal and state aid for the project. 9:57 P.M. Mrs. Battin explained that there are 153 miles of water mains throughout the town and that 40 miles of the system was constructed prior to 1935. She added that this analysis would enable the town to develop a plan to use the grant wisely. 10:05 P.M. James E. Barry served notice of reconsideration of Article 20. 10:05 P.M. Article 30. Jacquelyn R. Smith, Chairman of the Planning Board, voiced the (Cont.) unanimous support of the Planning Board on Article 30. 10:05 P.M. Nyles Nathan Barnert, Chairman of the Capital Expenditures Committee, stated that his committee supported this article. 10:06 P.M. William J. Dailey, Jr., Chairman of the Appropriation Committee, stated that his committee supported this article. 10:08 P.M. Motion, as presented by Mrs. Battin, declared adopted unanimously. 10:08 P.M. Article 31. INSTALL DRAINS /WIDENING, DEEPENING OR ALTERING BROOKS Presented by James F. Crain. MOTION: That the Selectmen be and they hereby are authorized to install drains in such accepted or unaccepted streets or other land as the Selectmen may determine, including the widening, deepening or altering the course of brooks, streams and water courses and the construction of new channels in said other land, in accordance with Chapter 263 of the Acts of 1926, as amended, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate the sum of $150,000 for such in- stallation and land acquisition, and that such amount be trans- ferred from the Sale of Real Estate Fund. 10:10 P.M. Mr. Crain explained that the funds are for the installation of a closed drainage system on Grant Street from York Street to Vine Brook. Adopted unanimously. 10:11 P.M. Article 32. BROOK CLEANING Presented by James F. Crain. MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:11 P.M. _ _ 2 5 6� (Adjourne Ses of the 1983 Annual Town Meeting - May 9, 1983.) Article 33. AUTHORIZATION TO USE CHAPTER 90 FOR STREET IMPROVEMENTS Presented by James F. Crain. MOTION: That the Treasurer with the approval of the Selectmen be authorized to issue Highway Reimbursement Notes of the Town under G.L. c. 44, sec. 6, as amended, in anticipation of reimbursement by the Commonwealth for highway reconstruction and improvements under the authority of Chapter 90 of the General Laws as funded by Chapter 480 of the Acts of 1979, Chapter 351 of the Acts of 1981, and Chapter 191 of the Acts of 1982 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 high- way funds from all sources. 10:12 P.M. Mr. Crain showed a slide listing the streets to be resurfaced: Waltham Street, Shade Street, Pelham Road, Battle Green Road, Reed Street, Minute Man Lane, Winchester Drive and Follen Road. 10:14 P.M. Nyles Nathan Barnert; Chairman of the Capital Expenditures Committee and William J. Dailey, Jr., Chairman of the Appropriation voiced the support of their respective committee. 10:15 P.M. Motion as presented by Mr. Crain declared adopted unanimously. 10:15 P.M. Article 34. INSTALL CURBING Presented by James F. Crain. MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:15 P.M. Article 35. CONSTRUCT SIDEWALKS Presented by James F. Crain. MOTION: That this article be indefinitely postponed. 10:16 P.M. Frank Sandy, speaking against indefinite postponement, felt that it was time for the town to get back to construction of sidewalks, mentioning Burlington Street as one street in dire need. 10:17 P.M. Mr. Crain stated that although the Selectmen would like to be able to go on with sidewalk construction, with the restraints of "2i" sidewalks are of a lower. priority. He added that he thought it was only fair to alert the meeting to the fact that next year will be a tougher year than this year. 10:18 P.M. Motion for indefinite postponement was declared adopted by voice vote. 10:18 P.M. Article 36. PUBLIC WORKS EQUIPMENT Presented by Robert F. Sacco. (As MOTION: That the sum of $150,000 be appropriated for the purchase adopted) by or with the approval of the Selectmen of equipment for the De- partment of Public Works, and that such amount be raised in the tax levy. 10:19 P.M. (Adjourned Session of the 1983 Annual Town Meeting - May 9, 1983.) C% Article 36. Mr. Sacco listed the following pieces of equipment that would be (Cont.) purchased (other vehicles would be turned in towards the purchase price)' : 1 - Used 10 wheel sander 1 - 2'i to 3'cubic yard wing plow 1 - Diesel tractor 1 - Diesel tractor with backhoe 1 - Small riding tractor 1 - Sand Pro 10:20 P.M. Nyles Nathan Barnert, Chairman of the Capital Expenditures Committee, said that although the committee had no problem with the new equipment to be purchased,they felt that due to budget restraints that D.P.W. should start to cut down on the number of vehicles. Mr. Barnert moved that the figure $150,000 be replaced by the figure $125,000. 10:24 P.M. Walter J. Tonaszuck, Director of Public Works, explained the need for the pieces of equipment and added that the pieces have been reduced in number for the past couple of years. For each piece purchased, one or more pieces are or have been turned in. In this years budget request there is an amount of $60,000 for repair parts. The actual cost for repair parts will be $85,000. 10:31 P.M. Voice vote on Mr. Barnert's motion to amend was doubted by the Moderator, so a standing vote was taken as follows: Precinct In Favor fellers Opposed 1 11 Robert E. Breslin 8 2 7 Lynda A. Wik 8 3 9 Paul V. Riffin 5 4 5 Peter C. J. Kelley l.l. 5 5 John Orin Hayward 8 6 10 Thomas E. Fortmann 9 7 12 Graydon M. Wheaton 7 8 8 Carolyn H. Tiffany 3 9 7 L. Gail Colwell 11 At large 5 Stanley E. Toye 17 Totals 79 87 Mr. Barnert's motion to amend does not prevail. 10:35 P.M. Main motion offered under Article 36 by Mr. Sacco is declared adopted by voice vote. 10:35 P.M. Article 37. I/I PROGRAM - DESIGN PHASE FUNDS Presented by John F. McLaughlin. MOTION: That the sum of $10,000 be appropriated for engineering services for the design phase of an inflow infiltration removal program from the Town's sewer system, and that such amount be raised in the tax levy; and, in addition, that the Selectmen be authorized to apply for, accept, expend and borrow in anticipation of federal and state aid for the project. Adopted unanimously. 10:37 P.M. James J. Crain moved that this meeting be adjourned to Wednesday, May 11, 1983 at 8 P.M. in Cary Memorial Hall. Adopted unanimously. 10:37 P.M. A true copy. Attest: Mir) R. McDonough, T a�w4 � Clerk .w .,..., , ... „ .. , .... - - - -, (Adjourned Session of the 1983 Annual Town Meeting - May 11, 1983.) 2 5.9 ADJOURNED SE OF THE 1983 ANNUAL TOWN MEETIN MAY 11, 1983 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall and immediately recessed, subject to the call of the Chair. The meeting was reconvened at 8:07 P.M. There were 181 Town Meeting Members present. Invocation was offered by Rabbi Richard I. Meirowitz of Temple Emunah. 8:08 P.M. Article 38. PARKING IMPROVEMENTS Presented by Robert F. Sacco. (See MOTION: That the sum of $26,000 be appropriated for parking below improvements in Town, and to raise such amount, $26,000 be trans - for ferred from the parking meter fees account. motion 8:09 P.M. as adopted) After Margery M. Battin gave an explanation of the parking situation, Jacquelyn R. Smith filed the Planning Board Report on Article 38. In explaining the report, Mrs. Smith said that the Planning Board urged support of both Articles 38 and 39. 8:18 P.M. Thomas E. Fortmann moved to amend by adding the following paragraph to Article 38: Town Meeting recognizes that parking improvements such as these cannot possibly stabilize the rapidly deteriorating parking situation in the Center. Accordingly, the Planning Board is re- quested to prepare, for consideration by the 1984 Town Meeting, an amendment to the zoning by -law pertaining to the Central Business (CB) district that will achieve the following goals: 1) Prevention of any further net loss of parking spaces in and around the Center. 2) A requirement for future developments, expansions, and changes in use that increase parking demand to be contingent upon commensurate increases in parking supply. 8:18 P.M. Mr. Fortmann, with the aid of slides, said that parking in the center has become worse and worse every year. The supply of parking is decreasing while the demand for parking is increasing. Recent. shortfalls: Cory's Restaurant - 50 spaces; Lexington Square 78 spaces; Muzzey Junior High School - 40 spaces; Total - 168 spaces. Under existing by -law, commercial floor space in the center can be approximately tripled without the provision of a single additional parking place. 8:25 P.M. Mr. Fortmann's motion to amend was declared adopted by voice vote. 8:25 P.M. Main motion as presented by Mr. Sacco and amended by Mr. Fortmann was declared adopted by voice vote. 8:25 P.M. (Motion, as amended, as adopted: (As MOTION: That the sum of $26,000 be appropriated for parking improve - adapted) ments in Town, and to raise such amount, $26;000 be transferred from the parking meter fees account. Town Meeting recognizes that parking improvements such as these cannot possibly stabilize the rapidly deteriorating parking situation in the Center. Accordingly, the Planning Board is requested to prepare, for consideration by the 1984 Town Meeting, an amendment to the zoning by -law pertaining to the Central Business (CB) district that will achieve the following goals: f� V a v Y `, £ (Adjourned Session of the 1983 Annual Town Meeting - May 11, 1983.) Article 38. (Motion, as amended, as adopted: (Cont.) (Cont.) 1) Prevention of any further_ net loss of parking spaces in and around the Center. 2) A requirement for future developments, expansions, and changes in use that increase parking demand to be contingent upon commensurate increases in parking supply Adopted by voice vote. 8:25;P_M.) (See Page 259) Article 39. EXPAND MERIAM STREET PARKING LOT Presented by Margery M. Battin. (AS MOTION: That the sum of $72,000 be appropriated to expand the adopted) Meriam Street parking lot, and to raise such amount $72,000 be transferred from the parking meter fees account. 8:26 P.M. Mrs. Battin explained that this is a first step on a long range parking program. She said that the three immediate abutters on Grant Place approve of this proposal. 8 :29 P.M. Robert F. Sacco, with the aid of slides, said that there would be a total of twenty -six new spaces totalling seventy -two spaces in all. He added that the expanded lot will be screened from the abutters by fencing and trees. 8:32 P.M. Mrs. Battin, speaking to the issue of cost, said that this expansion would not come from tax money but from parking meter money. 8:34 P.M. Laura Nichols, a landscape designer and a member of the Planning Board, showed slides and voiced the unanimous support of the Planning Board. 8:36 P.M. Jack Powell First Vice President of the Chamber of Commerce, was recognized and he urged support of the article. 8:37 P.M. Angela E. Frick said that she was impressed with the planning and hard work that had been done and urged support as did John C. Eddison on behalf of the majority of the Conservation Commission. 8:39 P.M. Laura F. Nichols filed the Planning Board Report on Article 39, stating that four members were in favor and one abstention. 8:39 P.M. Robert I. Rotberg questioned the $17,000 expense for asphalt instead of gravel. Mrs. Battin said that there would be a drainage problem with the gravel. 8:40 P.M. Motion as presented by Mrs. Battin declared adopted by voice vote. 8:40 P.M. Article 40. STREET ACCEPTANCE AND CONSTRUCTION Presented by Stephen Michael Politi. (A) As MOTION: (A) To establish as town ways and accept the layout of adopted) the following town ways, all as laid out by the Selectmen and shown upon plans on file in the office of the Town Clerk, dated December 1, 1982: (a) Malt Lane from Marrett Road a distance of 290 feet, more or less, to end; (b) Ryder Lane from Worthen Road a distance of 400 feet, more or less, to end; (c) Bicentennial Drive from Cary Avenue a distance of 1100 feet, more or less, to end; (d) Freeman Circle from Bicentennial Drive a distance of 400 feet, more or less, to end; (e) Woodpark Circle from Wood Street a distance of 3200 feet, more or less, to end; 6 (A djourned Session of the 1983 Annual Town Meeting.- May 11, 1983.) 2 b'1_,: Article 40. (f) Scott Road from Concord Avenue a. distance of 895 feet, more or (Cont.) less, to end; (g) Trodden Path from Lawn Avenue a distance of 840 feet, more or less, to end; (B) As (B) To establish as town ways and accept the layout of the adopted) following town ways, all as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated December 1, 1982: (a) Meadow Brook Avenue from Blossomcrest Road a distance of 283 feet, more or less, to Wellington Lane Avenue; (b) Wellington Lane Avenue from Meadow Brook Avenue a distance of 600 feet, more or less, to end; and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; that the sum of $172,000 be appropriated for such land acquisition, construction, alteration and reconstruction of Meadow Brook Avenue and Wellington Lane'Avenue as is necessary, and that to raise such amount $160,000 be transferred from the Special Assessment Fund and that $12,000 be raised in the tax levy. (C) As (C) To establish as a town way and accept the layout of as a adopted) town way Spencer Street from #17 a distance of 210 feet, more or less, to end as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated May 18, 1982; to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; that the sum of $15,000 be appropriated for such land acquisition, construction, alteration and reconstruction of Spencer Street as is necessary, and that such amount be raised in the tax levy. (D) As (D) To establish as a town way and accept the layout of as a adopted) town way Garfield Street from Hickory Street a distance of 300 feet more or less, to Earl Street as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated August 26,1982; to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; that the sum of $40,000 be appropriated for such land acquisition, construction, alteration and reconstruction of Garfield Street as is necessary, and that such amount be raised in the tax levy. 8:44 P.M. At the request of Mr. Politi, the Moderator stated that Sections (A), (B), (C), AND (D) would be separated for the purpose of voting but for the purpose of debate they would not be separated. 8:47 P.M. Nyles Nathan Barnert, Chairman of the Capital Expenditures Committee, urged acceptance of the above streets on behalf of his committee. 8:48 P.M. William W. Welch, Jr. spoke of a serious problem with a section of Philip Road but was told by Mr. Politi that that section of Philip Road had never been accepted by town meeting. 8:52 P.M. In answer to a question raised by Julian J. Bussgang, Mr. Politi said that Wellington Lane is an old street and that over the years many neighbors had requested that the street be accepted. He read a letter from Mr. and Mrs. Sherrard Arch, 16 Wellington Lane Avenue supporting acceptance of this street. 8:55 P.M. Mr. Politi stated that the Selectmen recommended the acceptance of Spencer Street. He said that there was support from the neighborhood who did not want to wait for developers to construct the street in the event of a new development even though it would mean that the developer would pay for the cost. They want to have it done now. 9 P.M. (Adjourned. Session of the 1983 Annual Town Meet = May 11, 1983.) Article 40. In answer to a question raised by Margaret N. Brooke, Angela E. (Cont.) Frick said that the Conservation Commission had brought the problem of a developer coming in to Spencer Street to the Board of Select - men. She added that the Commission feels that it is an "iffy" situation and that it is up to the town meeting to decide whether to accept the street or Wait for a developer to come in and con- struct the street to town specifications. The Commission does not oppose the resurfacing of the street. 9:05 P.M. At the request of Joseph 0. Rooney, the following residents were recognized: Lewis R. Aronin, 20 Ingleside Road, Robert M. Dubow, 24 Spencer Street and Richard E. Hartwell, 26 Spencer Street. Mr. Aronin, although not a resident of Spencer Street, said that he has occasion to travel on the street quite frequently and spoke of the deplorable condition as did Mr. Dubow, a one year resident, and Mr. Hartwell, a ten year resident. 9:18 P.M. The question of sidewalks was raised and Mr. Politi stated that, although no sidewalks are included i_n the Spencer Street construc- tion, it is cost efficient to build sidewalks at the time of re- surfacing. 9:22 P.M. Ephreim Weiss moved that Article 40 be amended, by adding the following: "Provided, however, that no sidewalks shall be included in any of the streets." 9:22 P.M. Mr. Weiss's motion to amend was declared lost by voice vote. 9:23 P.M. Benjamin W. Golini raised the issue of Emerald Street having been deleted from the list of streets to be accepted although it had been in the Warrant for this meeting. He spoke of the deplorable conditions on this street and of the fact that the abutters had applied for acceptance many times over the years. 9 :25 P.M. Main motion as presented by Mr. Politi voted on as follows: (A) Adopted unanimously. 9:25 P.M. (B) Adopted unanimously. 9:25 P.M. (C) Adopted by voice vote. 9:26 P.M. (D) Adopted unanimously. 9:26 P.M. Article 41. STREET CONSTRUCTION AND LANDTAKING Presented by Stephen Michael Politi. MOTION: That the Treasurer with the approval of the Selectmen be authorized to issue Highway Reimbursement Notes of the Town under G.L. c. 44, sec. 6, as amended, in anticipation of reimbursement by the Commonwealth for highway reconstruction and improvements under the authority of Chapter 90 of the General Laws as funded by Chapter 351 of the Acts of 1981, Chapter 191 of the Acts of 1982 and Chapter 732 of the Acts of 1981 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 funds from all sources and to take by eminent domain, purchase or other- wise acquire any fee, easement or other interest in land necessary therefor. 9:28 P.M. Mr. Politi stated that this article is for the Hancock Street Construction Program. The total commitment for this program will be $137,000 but there will be no town funds. Adopted unanimously. 9:30 P.M. Benjamin H. Golini served notice of reconsideration of Article 40. 9:31 P.M. (Adjourned Session of the 1983 Annual Town Meeting - May 11, 1983.) 2 6 3 Article 42. FIRE DEPARTMENT LADDER TRUCK Presented by Stephen Michael. Politi. MOTION: That the sum of $215,000 be appropriated to purchase a (As ladder truck for the Fire Department, that such amount be raised adopted) in the tax levy, and that the Selectmen be authorized to trade in or sell a ladder truck with the proceeds to be applied to the new ladder truck. 9:32 P.M. Mr. Politi informed the meeting that the truck to be traded in had made 432 runs during calendar year 1982. Amongst other inadequacies, he said that the brakes were inadequate. An independent fire engineer recommended that this 23 year old truck be replaced as soon as possible. The trade in value is $6,000 and although the mileage is 26,500 the more important figure is. the 2,098 of engine hours. If this motion is adopted, hopefully January 1984 would be the delivery date for the new truck. 9:38 P.M. Fire Chief John D. Bergeron was recognized and he gave a slide presentation showing the truck to be traded in, the Bedford ladder truck similar to the one requested in this budget and shots of various past fires in Lexington showing the need for a ladder truck in the town although there are no high buildings. The safety factor pertaining to the equipment and to the fire personnel was stressed. 9:45 P.M. Edward E. O'Sullivan, although prepared to support this motion, asked if the truck to be purchased was new or used and wondered about the advisability of also trading in the present rescue truck. Mr. Politi answered that the ladder truck would be a new truck and that the plan is to retire the rescue truck. The town will want to save some of the equipment that is now on the rescue truck. 9:47 P.M. Renee T. Cochin brought up the matter of financing the purchase and the life expectancy of the truck. 9:47 P.M. Mr. Politi said that it was expected that the new ladder truck would last approximately twenty to twenty -five years and added that bonding is not appropriate for this type of purchase. William J. Dailey, Jr., Chairman of the Appropriation Committee and Nyles Nathan Barnert, Chairman of the Capital Expenditures spoke for their respective committees in opposition to bonding for this piece of equipment. 9:53 F.M. James E. Barry brought up the possibility of assessing commercial buildings for false alarms at the rate of $50 but Town Manager, Robert M. Hutchinson, Jr. answered that this would not be appropriate for Lexington. 9:57 P.M. Edward E. O'Sullivan moved that Article 42 be amended by adding the following: There shall be efforts put forth by the Town to trade, sell or otherwise dispose of the Fire Department Rescue truck that will become excess equipment upon adoption of this article for the purposes of raising revenue. Any revenue raised shall be returned to the Excess and Deficiency Account. 9:57 P.M. Town Treasurer Louis A. Zehner spoke against bonding for this equipment. 10:02 P.M. Mr. O'Sullivan's motion to amend was declared lost by voice vote. 10:03 P.M. Motion as presented by Mr. Politi declared adopted by voice vote. 10:03 P.M. Article 43. STABILIZATION FUND Presented by James F. Crain. MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:03 P.M. 2 64, (Adjourned S ession of the 1983 Annual Town Meeting - May 11, 1983.) Article 44. CONSERVATION LAND PURCHASE Francis W. K. Smith moved that Article 44 be placed on the table. Adopted unanimously. 10:04 P.M. (See Page 272) Article 45. CONSERVATION LAND PURCHASE Presented by John C. Eddison. MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:04 P.M. Article 46. SCHOOL /MUNICIPAL COMPUTER NETWORK Presented by John F. McLaughlin. (As MOTION: That the sum of $50,000 be appropriated for the purchase adopted) and installation of data communication equipment to be used in conjunction with the institutional television trunk cable to connect various municipal buildings with the computer located at Lexington High School, and that such amount be raised in the tax levy. 10:05 P.M. Michael J. O'Sullivan, with the aid of slides, gave a very technical background of this joint article for the schools and the town. 10:25 P.M. Shepard Anthony Clough, Chairman of the School Committee, voiced the unanimous support of his committee and urged the support of the meeting. 10:28 P.M. After general discussion, Gerald L. Abegg moved the previous question which was declared adopted by voice vote. 10:38 P.M. Motion as presented by Mr. McLaughlin declared adopted by voice vote. 10:38 P.M. Article 2. Jacquelyn R. Smith, Chairman of the Planning Board, filed the 1983 Annual Report on the Housing Policy Resolution.Adopted by Annual Town Meeting with the copy of the summary of the Advisory Committee on Housing Needs and the Report of the Lexington Planning Board To The 1983 Town Meeting on Current Land Use and Developments In Lexington. Mrs. Smith gave a brief summary of the reports. 10:42 P.M. Winifred L. L. Friedman served notice of reconsideration of Article 46. 10:44 P.M. (See Pages 268 & 269) Article 2. Manfred P. Friedman asked if the Garrity House was considered as (Cont.) subsidized housing and Mr. James F. Crain answered that it was not. 10:45 P.M. Robert M. Hutchinson, Jr., Town Manager, read a letter from R. Kirk Noyes of Sydney -Noyes Associates with a progress report on the Muzzey Junior High School project. There have been some delays but the designs have now been completed. There will be a hearing before the Historic Districts Commission on May 25 and application will be made for a Special Permit from the Board of Selectmen. It is expected that purchase of the building will be a wd (Adjourned Session of the 1983 Annual Town Meeting - May 11, 1983.) ^A� Article 2. in August of this year. The number of units has been reduced from (Cont.) 71 units to 70. There have been 200 letters of buyers interest and each of the first 120 letters were accompanied by a check for $500. 10:49 P.M. James F. Crain moved that this meeting be adjourned to Wednesday, May 16, 1983 at 8 P.M. in Cary Memorial Hall. This motion was declared adopted unanimously.. 10:49 P.M. A true copy. Attest: Ik Mary R. McDonough, Town Clerk . 2 6 6 ADJOURNED SESSION OF THE 1983 ANNUAL TOW MEETING MAY 16, 1983 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M. in Cary Memorial Hall and immediately recessed, subject to the call of the Chair. The meeting was reconvened at 8:08 P.M. There were 179 Town Meeting Members present. Invocation was offered by Rev. Brian S. Dixon, Pastor of the First Baptist Church. 8:10 P.M. Chairman of the Board of Selectmen, James F. Crain read Selectmen'.s Proclama- tions for Michael M. Fiveash and Maureen T. Sullivan who were both named by the Battle Green Chapter, Order of DeMolay as recipients of its 1983 Exemplary Teacher Awards and they both received standing ovations. 8:1.3 P.M. Mr. Crain then read the names of the following members and novices of the Lexington High School Debating Team and asked them to come to the front of the hall: David Adler, Adrienne Della Penna, John Harkrider, Mark Friedman, Aaron Pressman, Mark Prutsalis, Mark Passamonti, Laura Dietz, Gary Stone, Sam Thernstrom, Jon Putnam, Jessica Wang, Matt Jensen and Mat Palmer. Novices: Ilona Fried, Suzie Delbanco, Eric Rheinstein, Geoff Dapice, Mark Soukup, Sven Olsen, Joseph Choo, Janet Wong and Chris Velis. Mr. Crain .read a Selectmen's Proclamation honoring the Lexington High School Debating Team who has won the New England District championship and further received State and National recognition by winning or placing in top spots in said tournaments. The team received an ovation from the meeting. 8:15 P.M. Stephen W. Doran read an official citation from the House of Representatives. Article 47. LEXPRESS MINI -BUS TRANSPORTATION SYSTEM Presented by James F. Crain. (See MOTION: That the sum of $220,000 be appropriated for a local Page 267 transportation system, that such amount be raised in the tax levy, for motion and that the Selectmen be authorized to apply for, accept and as adopted) expend funds from the M.B.T.A. or any other governmental agency in connection with such local transportation system, and to contract with a private transit company to provide transportation services. 8:18 P.M. Sally T. Castleman, Chairman of the Transportation Advisory Committee, gave a review of the past and future of LEXPRESS. LEXPRESS Ridership 1982 -83 17 .riders per vehicle hour. 110 6 or over 33% over 18 47% shop in Lexington more often 27% could not make trip otherwise 42 have no need of all day parking 52 fewer cars in Lexington 194 auto trips eliminated daily. PROJECTED BUDGET 1982 -83 Costs: Buses $220,700 Administration 10,600 Chair Car 5,000 Total $236,300 PROPOSED BUDGET 1983 -84 Costs: Buses $257,000 Administration 13,000 Chair Car 5,0 00 Total $275,000 (Adjourned Session of the 1983 Annual Town Meeting - May 16, 1983.) 267 Article 47. Sally Castleman's explanation (Cont.): (Cont.) Proposed Budget 1983 -84 (Cont.) Revenue: Fares & tickets $ 55,000 Passes 20,000 Town of Lexington 200,0 Total $ 275,000 Appropriation Request: $200,000 8:27 P.M. Mr. Crain informed the meeting that he had misread the amount to be appropriated when he read the motion and asked permission of the meeting to change the figure from $220,000 to $200,000. There were no objections from the meeting so the appropriation now reads $200,000. 8:28 P.M. William J. Dai,ley, Jr., Chairman of the Appropriation Committee stated that the committee recommended unfavorable action on this article. 8:30 P.M. Main motion, as presented by Mr. Crain, declared adopted by voice vote. 8:31 P.M. (Motion, with corrected appropriation, as adopted: (As MOTION: That the sum of $200,000 be appropriated for a local adopted) transportation system, that such amount be raised in the tax levy, and that the Selectmen be authorized to apply for, accept and expend funds from the M.B.T.A. or any other governmental agency in connection with such local transportation system, and to contract with a private transit company to provide transportation services. Adopted by voice vote. 8:31 P.M.) (See above) Article 48. ELDERLY /HANDICAPPED TRANSPORTATION PROGRAM Presented by James F. Crain. MOTION: That this article be indefinitely postponed. Adopted by voice vote. 8:32 P.M. Article 49. CMARC Presented by Margery M. Battin. (As MOTION: That the sum of $5,000.00 be appropriated to be expended adopted) by the Board of Health under G.L.c. 40s.5 (40C) and a contract to be entered into with Central Middlesex Association for Retarded Citizens, Inc. ( CMARC), which contract shall provide that the funds from the Town shall be earmarked toward a program or purpose designated by the Board of Selectmen, and that such amount be raised in the tax levy. 8:33 P.M. Julian J. Bussgang, who was of the opinion that the Human Services Committee should be a by -law committee, asked that the Board of Selectmen study this possibility for next year. 8:35 P.M. Mrs. Battin answered that the Board of Selectmen would take under advisement Mr. Bussgang's suggestion. Main motion declared adopted unanimously. 8:35 P.M. (Adjourned Session of t he 19 83 Annual Town Meeting - May 16, 1983.) Article 50. HANSCOM FIELD SUBREGION TRAFFIC FLOW STUDY Presented by Margery M. Battin. (As MOTION: That the sum of $2500 be appropriated for the Town's share adopted) of a preliminary study for improving the traffic flow in the Hanscom Field subregion, and that such amount be raised in the tax levy. 8:35 P.M. Mrs. Battin explained that Lincoln, Concord and Bedford have already appropriated their share to this study and if the four towns appropriate the money, Massport will give $25,000 and Hanscom will give $5,000. She added that Lexington has an obligation to participate. 8:40 P.M. Iris G. Wheaton requested a progress report from the Board of Selectmen regarding the six lane highway on Bedford Street. Walter Tonaszuck, Director of Public Works, answered that the town has submitted 25% of the plans to the state. The state will not review the plans until there has been acceptance by the Federal and State Governments. The review process has taken a long time. 8:43 P.M. Martin L. Hagerty asked why the $2,500 couldn't be taken out of the $100,000 funds appropriated last year. He added that Hartwell Avenue and Bedford Street had been studied to death. 8:46 P.M. Mrs. Battin answered that Chapter 90 money has already been commit- ted under contract. 8:47 P.M. Mr. Hagerty said that the Town of Bedford has no intention of changing any of their roads to help the traffic flow but Mrs. Battin responded that the Town of Bedford had never made that statement to the HATS Committee. 8:50 P.M. Main motion, as presented by Mrs. Battin, declared adopted by voice vote. 8:50 P.M. (See Page 264) Winifred L. L. Friedman moved .reconsideration of Article 46. 8:50 P.M. Mrs. Friedman, who declared that she is not opposed to computers, had many questions regarding this new system. She questioned the cost for next year and the ensuing years and felt that reconsidering Article 46 would facilitate further discussion. 8:55 P.M. Shepard Anthony Clough, Chairman of the School Committee, explained that this article was a joint motion between the School Committee and the Board of Select - men and he showed slides in an attempt to answer some of Mrs. Friedman's questions as follows: What Will It Do: Interconnect central computer with All school buildings (9) Central Office Town Hall Who Is It For: Students Teachers /Coordinators Principals Town Administrators How Will Town Benefit: Provide two terminals and couplers Advantages: Two year pay back Increased effectiveness for town departments Increase utilization Implications: Increase use of computer for all town departments. 8:59 P.M. In answer to a question raised by Joyce Hals, Town Manager Robert M. Hutch- inson, Jr. said that the town presently has the accounting system computerized but added that we do have a need to upgrade for personnel information. He said that this is the time to tie into the school system and feels that this is a sound proposal. 9.01 P.M. (Adjourned Session of the 1983 Annual Town Meeting - May 16, 1983.) 9 After general discussion, the motion to reconsider Article 46, as offered by Mrs. Friedman, was declared lost by voice vote. 9:13 P.M. Article 51. HAZARDOUS WASTE COLLECTION Presented by Mary W. Miley. MOTION: That the sum of $2,500. be appropriated for a contract with a licensed hazardous wastes transport, storage and disposal company to collect and dispose of residential hazardous wastes on a one -year trial basis; that such amount be raised in the tax levy; and that the Selectmen be authorized to select the con- tractor and to set user fees and take all other steps necessary to carry out this project. 9:13 P.M. Joan Z. Clark was recognized and gave a short explanation of this motion. 9:21 P.M. Motion was declared adopted by voice vote. 9:21 P.M. (See pages 209 -210) - -- James M. McLaughlin moved reconsideration of Article 10. 9:22 P.M. In his explanation of his motion, Mr. McLaughlin said that the lot reverts back to the Board of Selectmen. 9:25 P.M. Laura F. Nichols, Planning Board Member, spoke against reconsideration of Article 10. She explained that this is a major drainage area coming through here and it would be a mistake to make a building lot of this. 9:28 P.M. Stephen Michael Politi said that four members of the Board of Selectmen were in favor of reconsideration. 9:28 P.M. Motion to reconsider Article 10 was declared lost by voice vote. 9:31 P.M. Benjamin H. Golini moved reconsideration of Article 40. 9:32 P.M. (See Pages 260 -262) John F. Downey, Jr. served notice of reconsideration of Article 51. 9:32 P.M. Motion to reconsider Article 40 (Cont.) (See above) Mr. Golini explained that Emerald Street, although appearing in the warrant, was not included in the motion under Article 40 although the neighbors had made the necessary applications for acceptance over the past ten years. These people have been residents of Emerald Street for ten or more years. Mr. Golini showed slides of costs, rate of return etc. 9:42 P.M. Ralph F. Johnson, a resident at 16 Emerald Street since 1947, spoke from the balcony urging support for the acceptance of Emerald Street. 9:43 P.M. 2 7 0 (Adjourned Session of the 1983 Annual Town Meeting - May 16, 1983.) Laura F. Nichols, Planning Board Member, asked how many people lived on Emerald Street and Mr. Johnson answered that there were six houses. Mrs. Nichols said that part of the street is a paper street and that she cannot see the town building the street all the way through. She is opposed to reconsideration of Article 40. 9:46 P.M. General discussion followed. Motion to reconsider Article 40 was declared lost by voice vote. Mr. Golini asked for a standing vote and, as thirty -four members stood in agreement, the Moderator called for a standing vote as follows: Precinct In Favor Tellers Abstained Opposed 1 11 Robert E. Breslin 6 2 5 Karen A. Docks 10 3 6 Paul V. Ri£fin 8 4 0 Peter C. J. Kelley 16 5 8 John Orin Hayward 9 6 0 Thomas E. Fortmann 20 7 1 Clarice B. Gordon 13 8 13 Carolyn H. Tiffany 0 9 8 L. Gail Colwell 1 8 At Large 7 John R. Campbell 14 Totals 59 1 104 Motion to reconsider Article 40 was declared lost. 9:57 P.M. Paul Newman moved that Article 11 be taken off the table. This motion was declared adopted unanimously. 9:57 P.M. (See Page 211) Article 11. TRANSFER OF SCHOOL PROPERTY (William W. Welch, Jr. gave written notice that he would abstain from voting on Article 11.) Presented by Paul Newman. (As MOTION: That the care, custody, management and control of Franklin adopted) School and the land adjoining it be transferred from the School Department to the Board of Selectmen effective July 1, 1983, and that the School Committee be authorized to dispose of surplus personal property and material in connection therewith. 9:58 P.M. Mr. Newman stated that the School Committee (of which he is a member) is not recommending transfer at this time. He asked that the following statement be made part of the minutes of this meeting: STATEMENT ON TRANSFE OF FRANKLIN The vote of the School Committee to transfer Franklin School to the Selectmen was made reluctantly, as was the earlier vote to close Franklin as a school. This is a beautiful school, wonder - fully situated, with a proud history. We offer Franklin to the Board of Selectmen because we do not envision an identifiable use for it in the foreseeable future. It is possible, however, that as our studies come in next fall on grade level reorganization and future school closings, we will see a desirable use for Franklin and will propose that use. While such a possibility seems too remote at this time for us to retain control of Franklin, we want to highlight the possibility and ask Town Meeting - if it votes to transfer Franklin to the Selectmen - to do so on the understanding that any timely proposal by the School Committee on the future use of Franklin be given special consideration. 10 P.M. (Adjourned Session of the 1983 Annual Town Meeting - May 16, 1983.) 2 74, Article 11. Jacquelyn R. Smith filed the Report of the Planning Board under (Cont.) Article 11 and explained the highlights of the report. She stated . that the Planning Board is unanimously in favor of the transfer of Franklin School but they are concerned about the future use of the building. She said there is something to be said for simply "land banking ", i.e., holding our resources even though a future use cannot be presently identified. A majority of the Planning Board recommends a thorough investigation of the interim use of the build- ing for a ten - fifteen year period. 10:03 P.M. Mary W. Miley then asked if it could be used again as a school once it had been transferred and Selectman Chairman, James F. Crain answered that once it was off the school rolls it would be quite an expensive project to get it back as a school. He urged that it be turned over to the Board of Selectmen. 10:07 P.M. Main motion, as presented by Mr. Newman, declared adopted unanimously. 10:14 P.M. Article 7. AUTHORIZE SPECIAL LEGISLATION TO ALLOW TAX LEVY TO GO TO 2 Presented by John F. McLaughlin. (See MOTION: That the Selectmen be and they hereby are authorized to Page 272 petition the General Court for an act to permit the Town to levy for motion taxes to an amount not exceeding two and one -half percent of the as full and fair cash value of the property values of the Town without adopted) regard to Chapter 782 of the Acts of 1981 if the Selectmen deter- mine that the financial outlook for Fiscal Year 1985 requires such action. 10:15 P.M. Robert M. Hutchinson, Jr., Town Manager, stated that the Selectmen were unanimously in favor of this article. With the aid of slides, Mr. Hutchinson went through the budget forecast for the period 1984 through 1988 and he hoped that the meeting would give this article favorable action. 10:23 P.M. Paul W. Marshall moved to amend by adding a resolution at the end as follows: Be it resolved that it is the sense of Town Meeting that if the Selectmen have not determined by December 1, 1983 to petition the General Court for the authority to tax up to 2�1% of full and fair value they should take such steps as needed to place before the town by referendum the question of override on Proposition 2;�%. The intent of this referendum would be to allow the town citizens to decide if they want to tax up to 24,% of full and fair value. 10:25 P.M. Mr. Marshall spoke on his amendment and showed slides. 10:30 P.M. Mr. Marshall asked the consent of the meeting to change the last sentence of his amendment, on advice of the Town Counsel, Norman P. Cohen, and there were no objections from the meeting. The amendment now reads: Be it resolved that it is the sense of Town Meeting that if the Selectmen have not determined by December 1, 1983 to petition the General Court for the authority to tax up to 2'% of full and fair value they should take such steps as needed to place before the town a referendum question concerning an override as set forth in Chapt. 782 of the Acts of 1981. 10:34 P.M. Margery M. Battin stated that the Selectmen feel that the override belongs to town meeting and Shepard Anthony Clough that the unanimous sense of the School Committee is that the town should tax up to 2zg% of its property value. He added that the School Committee will need increased funding to run the schools. 10:43 P.M. In response to a question raised by James E. Barry, Town Counsel Norman P. Cohen said that the referendum could come at the annual or any special election. 10:45 P.M. ,7 2� (Adjourned Session of the 1983 Annual Town Meeting May 16, 1983.) Article 7. In answer to a question by Sam V. Nablo, the Town Manager said that (Cant.) the tax levy can only be increased by 24j 10:45 P.M. John F. McLaughlin said that a majority of the Board of Selectmen opposed Mr. Marshall's amendment. 10:45 P.M. Mr. Marshall's motion to amend was declared adopted by voice vote. 10:46 P.M. Main motion as offered by Mr. McLaughlin and amended by Mr. Marshall was declared adopted by voice vote. 10:46 P.M. (Main motion as offered by Mr. McLaughlin and amended by Mr. Marshall adopted as follows: (As MOTION: That the Selectmen be and they hereby are authorized to adopted) petition the General Court for an act to permit the Town to levy taxes to an amount not exceeding two and one -half percent of the full and fair cash value of the property values of the Town without regard to Chapter 782 of the Acts of 1981 if the Selectmen deter- mine that the financial outlook for Fiscal Year 1985 .requires such action. Resolution unde A rticle 7. Be it resolved that it is the sense of Town Meeting that if the Selectmen have not determined by December 1, 1983 to petition the General Court for the authority to tax up to 2z$ of full and fair value they should take such steps as needed to place before the town . a referendum question concerning an override as set forth in Chapt. 782 of the Acts of 1981. Adopted by voice vote. 10:46 P.M.) (See above) Article 9. (See Pages 209 and 235) AUTHORIZE SPECIAL LEGISLATION CREATE HOUSING ASSISTANCE BOARD Presented by Margery M. Battin. MOTION: That this article be indefinitely postponed. 10:47 P.M. Ephraim Weiss asked why this article was being postponed and Mrs. Battin answered because it was not needed. She added that this is a vehicle for discussion. 10:50 P.M. James M. McLaughlin, Chairman of the Lexington Housing Authority, said that the Authority would like to have the words "low income" crossed out. 10:54 P.M. Indefinite postponement motion was declared adopted by voice vote. 10:55 P.M. Francis W. K. Smith moved to take Article 44 off the table. This motion was declared adopted by voice vote. 10:56 P.M. (See Page 264) Article 44. CONSERVATION LAND PURCHASE Presented by Francis W. K. Smith. MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:56 P.M. (Adjourned Session of the 1983 Annual Town Meeting - May 16, 19 83.) ' B John F. McLaughlin moved that Article 13, Section (b) be taken off the table. This motion was declared adopted unanimously. 10:56 P.M. (See Page 212) Article 13. (b) RENAME SHERBURNE ROAD, WELLINGTON LANE AVENUE AND MEADOW BROOK AVENUE Presented by John F. McLaughlin. MOTION: That part (b) of this article be indefinitely postponed. Adopted unanimously. 10:57 P.M. Stephen Michael Politi moved that Article 15 be taken off the table. This motion was declared adopted unanimously. 10:58 P.M. (See Page 212) Article 15. SUBSTITUTE 2- FAMILY HOUSE FOR MORROW CROSSING UNITS Presented by Stephen Michael Politi. MOTION: That this article be indefinitely postponed. Adopted unanimously. 10:58 P.M. The Moderator stated that the meeting is now open on Article 20, Item #6050. (See Pages 241, 242, 247) Article 20. (See Pages 241, 242 & 247) (As presented by James F. Crain at the May 4, 1983 session of this meeting: #6050 Insect Suppression $10,000 Motion to amend as presented by Susan S. Beck at the May 9, 1983 I session of this meeting: "Move that line item 6050 Insect Suppression be amended as follows: provided that any malathion used in mosquito control be analyzed for impurities such as isomalathion before each application." Motion to amend the arendment as presented by Edward E. O'Sullivan at the May 9, 1983 session of this meeting: Beck "Move to amend the amendment of Mrs. /to line item 46050 by adding the following: The stock of malathion to be used in spraying in the town of Lexing- ton shall be tested for impurities by the Eastern Middlesex Mosquito Control Board under the supervision of the Lexington Board of Health prior to any spraying. The results of said testing shall be forwarded to the Be. of Selectmen. ") James F. Crain asked that the Board of Health be recognized. 10:58 P.M. Dr. Linda Roemer_, Board of Health Member, reviewed line item #6050 and stated that they would spray only if and when necessary. 11 P.M. James W. Lambie, Chairman of the Board of Health, stated that they planned to test the malathion that is used in Lexington although they do not feel that any testing of malathion is necessary. One test is needed for each barrel and they would probably use just one barrel each year. The cost of the testing is approximately $150. for each test. 11:05 P.M. j kry 4 (Adjourned S of the 1983 Annual Town Meeting - May 16, 1983.) Article 20. #6050 Insect Suppression (Cont.) Edward E. O'Sullivan stated that he had talked with the Board of Health this past week, had been treated very courteously and he was satisfied as to the testing that was to be made. He therefore asked the unanimous consent of the meeting to withdraw his amend- ment to the amendment and, as there were no objections from the meeting, the motion to amend was declared withdrawn. 11:06 P.M. The Moderator declared that Susan S. Beck's amendment was the only amendment on item #6050 now. Mrs. Beck also expressed her satisfaction in regard to the testing to be made and asked for the unanimous consent of the meeting to withdraw her amendment. As there were no objections from the meeting, the motion to amend, as presented by Mrs. Beck, was declared withdrawn. 11:06 P.M. Motion as presented by Mr. Crain on May 4, 1983 (See Page 241) was declared adopted by voice vote. 11:07 P.M. (As (Motion as adopted now reads: adopted) #6050 Insect Suppression $10,000 Adopted by voice vote. 11:07 P.M.) The Moderator declared that the meeting was now open on Article 52. Article 52. USE OF FUNDS TO REDUCE TAX RATE Presented by James F. Crain. MOTION: That the sum of $1,200,000 be appropriated to reduce the tax levy for the fiscal year beginning July 1, 1983, and that such amount be transferred from the Excess and Deficiency Account (Free Cash). Adopted unanimously. 11:08 P.M. James F. Crain, Chairman of the Board of Selectmen, spoke on behalf of the Board of Selectmen in extending the appreciation of the board to the town support staff, to the elected and appointed town officials and to all those who had contributed to the 1983 Annual Town Meeting. 11:08 P.M. James F. Crain moved that this 1983 Annual Town Meeting be dissolved. This motion was declared adopted unanimously. 11:09 P.M. A true copy. Attest: — —j C(✓ +U Mary R. McDonough, Town Clerk Donald J. Shaw, 6 Barrymeade Drive, resigned as a Town Meeting Member from Precinct Nine effective August 10, 7.983. Louis E. Conrad, 176 Cedar Street, received the next highest number of votes as a defeated candidate for Town Meeting Member from Precinct Nine at the Annual Town Election held March 7, 1983. As of August 17, 1983 he filed his acceptance of the position of Town Meeting Member from Precinct Nine to fill the vacancy caused by the resignation of Mr. Shaw. This term will expire in March 1984. William R. Page, formerly of 25 Oakland Street, was a Town Meeting Member from Precinct Six. On August 19, 1983 an application form for addition to the checklist (voting list) was received in the office of the Town Clerk from the Town Clerk of Westmore, Vermont. This form was signed by William R. Page on May 23, 1983 authorizing that his name be removed from the list of registered voters in Lexington, Mass. In accordance with Chapter 215, Section 3 of the Acts of 1929: "A town meeting member who removes from the town shall cease to be a town meeting member ". Therefore, as of September 8, 1983, William R. Page ceased to be a Town Meeting Member from Precinct Six. Harry A. Hall, I11, 10 Patriots Drive, received the next highest number of votes as a defeated candidate for Town Meeting Member from Precinct Six at the Annual Town Election held March 7, 1983. As of September 20, 1983 Harry A. Hall, III filed a statement with the Town Clerk declining acceptance of the Town Meeting Member position in Precinct Six-to fill the vacancy caused by the resignation of William R. Page. James L. McDevitt, 36 Colony' Road, received the next highest number of votes as a defeated candidate for Town Meeting Member from Precinct Six at the Annual Town Election held March 7, 1983. As of September 29, 1983 James L. McDevitt filed his acceptance of the position of Town Meeting Member from Precinct Six to fill the vacancy caused by the resignation of William R. Page. This term will expire in March 1984. Joyce Hals, 14 Vine Brook Road, resigned as a Town Meeting Member from Precinct Four on February 10, 1984. This vacancy will be filled at the March 5, 1984 Annual Town Election by the next defeated candidate that receives the highest vote. (See Page 280) Robert E. Bond, 80B Hancock Street resigned as a Town Meeting Member from Precinct Eight on February 21, 1984. This vacancy will be filled at the March 5, 1984 Annual Town Election by the next defeated candidate that receives the highest vote. At the March 5, 1984 Annual Town Election there was a tie for the first defeated candidate with the highest vote, therefore the vacancy caused by Mr. Bond's resignation will be filled at a special election of Town Meeting Members from Precinct Eight only on Monday, April 2, 1984 at 7:30 P.M. in Estabrook Hall.