HomeMy WebLinkAbout1984-03-05 to 1984-06-04 ATM-min 2 8
ANNUAL TOWN ME - APRIL 2, 1984
The meeting was called to order at 8 P.M. in Cary Memorial Hall by Lincoln P.
Cole, Jr., Moderator. The meeting was immediately recessed by the Moderator
subject to the call of the Chair and was reconvened at 8:03 P.M.
There were 181 Town Meeting Members present.
The invocation was offered by Rev. Robert J. Ludwig, Executive Minister of
the Grace Chapel. 8:05 P.M.
Town Clerk, Mary R. McDonough, read the warrant for the meeting until further
reading was waived by the meeting. 8 :05 P.M.
The Constable's Return of the Warrant was read by the Town Clerk. 8:07 P.M.
The Moderator stated that Article 2 was now open.
Margaret F. Rawls moved that this town meeting be adjourned to Wednesday,
April 4, 1984 at 8 P.M. in Cary Memorial Hall. 8:07 P.M.
Mrs. Rawls explained that as the Town Meeting Members Association Information
Meeting scheduled for March 29, 1984 had to be cancelled due to the blizzard,
it was felt that the information meeting should be held this evening. She
added that this was especially important in regards to the Planning Board
articles (14 through 17). She stated that it was her understanding that if
the motion to adjourn is not adopted, that the Planning Board intended to ask
for adjournment so that there could be an informal information meeting on
their articles. Mrs. Rawls also said that Articles 8 and 11 would be tabled
if the motion to adjourn is not adopted. 8 :10 P.M.
Patricia K. Hagedorn suggested that the discussion on the Planning Board
articles be postponed until Wednesday evening or next week in order that the
Town Meeting Members would have time to study the information. 8:10 P.M.
Margery M. Battin, Chairman of the Board of Selectmen, voiced the unanimous
support of the Board of Selectmen on the motion to adjourn. 8 :12 P.M.
Richard A. Michelson spoke in opposition to the motion to adjourn. 8:13 P.M.
Jacquelyn R. Smith, Chairman of the Planning Board, stated that the Board
supported the motion to adjourn. She added that if it had not been for the
Blizzard of 1 84, the Planning Board had planned to ask for adjournment in
order to have an information meeting on the Board-'s articles. 8:17 P.M.
Voice vote on the motion to adjourn was doubted by the Moderator, so a
standing vote was taken as follows:
Precinct In Favor Tel lers Opposed
1 10 Nancy L. Barter 7
2 8 Karen A. Docks 10
3 11 Marian C. Reilly 6
4 12 Peter C. J. Kelley 1
5 5 Julie F. Triessl 11
6 15 John S. Willson 1
7 14 Winifred L. L. Friedman 3
8 9 Benjamin H. Golini 6
9 12 L. Gail Colwell 8
At Large 10 John R. Campbell 10
Totals 106 63
Motion to adjourn this meeting, as offered by Mrs. Rawls, to Wednesday,
April 4, 1984 at 8 P.M. in Cary Memorial Hall was declared adopted.
8:20 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
ADJOUR SESSION OF THE 1984 ANN TOWN MEETING
HELD APRIL 4, 1984
The meeting was called to order at 8 P.M. in Cary Memorial Hall by Moderator
Lincoln P. Cole, Jr. and immediately recessed subject to the call of the Chair.
The meeting was reconvened at 8:09 P.M.
There were 189 Town Meeting Members present.
Invocation offered by Rev. Peter Hunt Meek, Senior Minister of the Hancock
United Church of Christ. 8:12 P.M.
The Moderator declared that Article 2 was now open and would remain open
throughout the entire meeting. 8:12 P.M.
Article 2. Margery M. Battin moved that the report of the Town Manager be
accepted and placed on file.
Adopted unanimously. 8:12 P.M.
Article 3. Presented by Robert F. Sacco. APPOINTMENTS TO CARY LECTURE SERIES
MOTION: That a committee of three be appointed by the Moderator
to have the charge of the lectures under the wills of Eliza Cary
Farnham and Suzanna E. Cary for the current year.
Adopted unanimously. 8:13 P.M.
Article 4. Presented by Robert F. Sacco. ACCEPT ELDERLY TAX EXEMPTION
MOTION: That the Town accept Clause Forty -first B of Section 5 of
Chapter 59 of the General Laws.
8:13 P.M.
(PERSONS AND PROPERTY EXEMPT FROM TAXATION. CH. 59, General Laws.
Section 5. Certain Property and Polls Exempted.
Forty -first B. Real property .._ of a person who has
reached his seventieth birthday ......)
After a brief explanation by Mr. Sacco, the motion was declared
adopted by voice vote. 8:17 P.M.
Article 5. Presented by John F. McLaughlin. ACCEPT AUTOMATIC SPRINKLER LAW
MOTION: That the Town accept Section 26G of Chapter 148 of the
General Laws. 8:17 P.M.
(Chapter 148, Section 26G. AUTOMATIC SPRINKLER SYSTEMS; REQUIRED
INSTALLATION; EXCEPTIONS; ALTERNATIVE FIRE SUPPRESSANT SYSTEMS.)
After a short discussion, the motion was declared adopted by voice
vote. 8:26 P.M.
Article 6. Presented by Robert F. Sacco. DISSOLVING COMMITTEES
MOTION: That the following committees be dissolved:
a. Regional Refuse Disposal Planning Committee established under
Article 82 of the warrant for the 1967 Annual Town Meeting;
b. Committee to study the General By -Laws of the Town established
under Article 4 of the warrant for the 1981 Annual Town Meeting;
C. Civil Defense Plan Study Committee established under Article
39 of the warrant for the 1982 Annual Town Meeting;
Adopted unanimously. 8:27 P.M.
(A djourned Session of the 1984 Annual Town Meeting - April 4, 1984.) 291
Article 7. Presented by Margery M. Battin. CONVEY GARRITY HOUSE
MOTION: That the Selectmen be and they hereby are authorized (a)
to enter into an agreement with Roger and Jane Trudeau for the
(See sale, with preservation restrictions, of the buildings known as
Page the Garrity House and the Carriage House located in Buckman Park
322 to be used for private residential use in consideration of $30,000
for and on such other terms as the Selectmen shall determine; (b) to
adopted enter into a long term lease of a parcel of land in Buckman Park on
motion.) which the foregoing buildings are located containing approximately
15,500 square feet; (c) to grant or delegate administrative super -
vision under any such agreement and preservation restrictions to an
individual or committee that they may choose, including the Historic
Districts Commission; and (d) to petition the General Court for an
act to permit such lease and conveyance.
8:29 P.M.
In her explanation of this motion, Mrs. Battin stated that the
Board of Selectmen unanimously support the present proposal.
8:31 P.M.
Anne Grady, Chairman of the Garrity House Committee, was recognized
and elaborated on the proposal, introducing Norman Trudeau whose
proposal has been recommended by the committee. Mr. Trudeau proposes
purchase of the buildings for $30,000 and lease of approximately
15,500 square feet of land in Buckman Park for 99 years at $1.00
per year. A member of the Garrity House Committee will serve as
Clerk of the Works to inspect the work on a regular basis.
8:35 P.M.
John F. Downey, Jr. spoke in opposition. 8:38 P.M.
In response to a question raised by William T. Spencer, Mrs. Grady
answered that the path that ran at the back of the property to the
Visitor's Center would be re- routed. 8:38 P.M.
George A. Burnell voiced concern about the 99 year commitment.
8:40 P.M.
Motion, as presented by Mrs. Battin, declared adopted by voice vote.
8:40 P.M.
George A. Burnell served notice of reconsideration of Article 7. (See Pg. 322)
8:41 P.M.
Margery M. Battin moved reconsideration of Article 7. 8:42 P.M.
Mrs. Battin explained that it was necessary to 'act o%hi. article as soon as
possible so that it could be sent to the legislature. A whole building season
could be lost if this motion is not adopted now. 8:42 P.M.
Responding to a question raised by John F. Downey, Jr. as he voiced his
opposition to the motion to reconsider Article 7, the Moderator stated that
there wasn't anything in the :_rules, restricting who could offer or when they
could offer a motion to reconsider but it had been the practice to let the
person who served notice of reconsideration move the reconsideration.
8:43 P.M.
Arthur C. Smith moved that the motion to reconsider Article 7 be postponed
to Monday, April 9, 1984. Mr. Smith's motion was declared adopted by voice
vote. 8:48 P.M.
a (Adjourned Session of the 1984 Annual Town Meeting - April � �� 1 4 , 1984.
Margery M. Battin moved that Articles 8 and 11 be taken up together.
Adopted unanimously. 8:49 P.M.
The Moderator ruled that Articles 8 and 11 would be discussed together but
would be voted separately. 8:49 P.M.
(Article 9. See Page 294) (Article 10. See Page 385)
AUTHORIZE SPECIAL LEGISLATION TO
Article 8. Presented by Margery M. Battin. AMEND SELECTMEN -TOWN MANAGER ACT
MOTION: That the Selectmen be and they hereby are authorized to
petition the General Court for an act to amend Chapter 753 of the
Acts of 1968 as amended, the Selectmen -Town Manager Act, in accord -
(See ance with the "Proposed Amendments to Selectmen -Town Manager Act"
Pages 324 dated March 28, 1984 as amended dated April 3, 1984 as filed with
thru 328. the Town Clerk.
Adopted (PROPOSED AMENDMENTS TO SELECTMEN -TOWN MANAGER ACT as filed with
motion New language is underscored. Town Clerk.
on
Page 327 & Section 2(e). The town manager shall appoint a town clerk, a
328.) town treasurer, a tax collector, a permanent building committee, a
recreation committee, a board of assessors, constables, a chief of
police, a fire chief a director of civil defense, a planning
director, with the approval of the planning board, a director of
public works a building commissioner a cemetery superintendent
and, except as provided in subparagraphs (a), (b), (c) and (d),
all other officers, boards, committees, commissions and employees
of the town with the exception of the elected officials specified
in section one and secretarial assistants to the selectmen,
employees of the school department and the housing authority and
professional and semiprofessional employees of the library.
Section 3. Memberships, Terms, Powers, Duties and Responsibilities.
- -The number of members of boards, committees and commissions
appointed as provided in the preceding section, the length of the
term of each member thereof and of officials and employees so
appointed, and the powers, duties and responsibilities of the same
shall be as now or hereafter provided by any applicable law, by-
law or vote of the town except as herein otherwise provided. The
board of fire commissioners shall be abolished, and its powers,
duties and responsibilities shall be assumed by and devolve upon
the fire chief except those which are herein conferred upon the
town manager. . . .
Section 5. Appointment of a Town Manager. - -The selectmen shall
appoint, as soon as practicable, for a term not to exceed three
years, a town manager, who shall be a professionally qualified
person of proven ability who has had substantial involvement with
mu nicipal government and is appropriately fitted by education,
training, and by previous full -time paid experience in a respon-
sible administrative position to perform the duties of the office.
. . The town manager shall not hold any elective office nor engage
in any other business or occupation during his term except for
part -time consultative or teaching duties, directly rel ated to
the profession of municipal management and with the specific
consent of the selectmen
Section 7. Removal of the Manager.- -The selectmen may remove the
town manager by an affirmative vote of at least a majority of the
full membership of the board. At least thirty days before such
proposed removal shall become effective, the selectmen shall file
a preliminary resolution with the town clerk setting forth in
detail the specific reasons for his proposed removal. The town
clerk shall forthwith deliver a copy of such resolution to the
town manager or mail the same to him by registered mail at his
last known address. The manager may file with the selectmen,
within seven days after receipt of such copy, a written request
for a public hearing as to the reasons for his removal. If the
manager so requests, the board of selectmen shall hold a public
hearing not earlier than ten days nor later than twenty days after
the filing of such request. . . .
(Adjourned Session of the 1984 Annual Town Meeting - April 4, 1984_) 6 R_
Article 8. (PROPOSED AMENDMENTS TO SULECTMEN -TOWN MANAGER ACT as filed with
(Cont.) Town Clerk (Cont.)
Section 12. Estimate of Capital Expenditures.- -All boards, depart-
ments, committees, commissions and officers of the town shall
annually, at the request of the town manager, submit to him and to
the capital expenditures committee in writing a detailed estimate
of the capital expenditures as defined by by -law required for the
efficient and proper conduct of their respective departments and
offices for the next fiscal year and the ensuing four year period.
The town manager shall submit in writing to the board of selectmen
and to the capital expenditures committee a careful, detailed
estimate of the recommended capital expenditures for the aforesaid
periods, showing specifically the amount necessary to be provided
for each office, department and activity and a statement of the
amounts required to meet the interest and maturing bonds and notes
or other indebtedness of the town. The selectmen shall consider the
capital budget submitted by the town manager and make such recommenda-
tions relative thereto as they deem appropriate and proper in the
interests of the town. The selectmen shall transmit a copy of the
capital budget together with their recommendations relative thereto
to the appropriation committee and to the capital expenditures
committee.
The calendar dates on or before which capital expe
estimates and the capital budget are t o be submitted and transm
shall be specified by by -law.
Section 13. Estimate of Annual Expenditures. - -All boards, depart-
ments, committees, commissions and officers of the town, except the
school committee, shall annually, at the request of the town manager,
submit to him in writing a detailed estimate of the appropriations
required for the efficient and proper conduct of their respective
departments and offices during the next fiscal year. The school
committee shall submit to the manager, at his request, a total budget
estimate for the next fiscal year. The town manager shall submit
to each member of the board of selectmen in writing an annual budget,
which shall contain a careful, detailed estimate of the probable
expenditures of the town for the ensuing fiscal year, including a
statement of the amounts required to meet the interest and maturing
bonds and notes or other indebtedness of the town, and showing
specifically the amount necessary to be provided for each office,
department and activity, together with a statement of the expendi-
tures for the same purposes in the two preceding years and an
estimate of expenditures for the current year. He shall also submit
a statement showing all revenues received by the town in the two
preceding years, together with an estimate of the receipts of the
current year and an estimate of the amount of income from all sources
of revenue exclusive of taxes upon property in the ensuing year. He
shall also report to the selectmen the probable amount required to be
levied and raised by taxation to defray all of the proposed expendi-
tures and liabilities of the town, together with an estimate of the
tax rate necessary therefor.
The selectmen shall consider the proposed budget submitted by the
town manager and make such recommendations relative thereto as they
deem expedient and proper in the interest of the town. The selectmen
shall transmit a copy of the budget together with their recommndations
relative thereto to the appropriation committee and, for its informa-
tion, a copy to the capital expenditues committee.
The calendar dates on or before which t he budget, revenue state-
ment and tax ra estim are to be submitted and transmitted shall
be specified by by - law. ) 8:49 P.M.
(See Pages 324 -328. Adopted motion on Page 328.)
Article 9. (See Page 294.)
Article 10. (See Page 385.)
a 7d (Adjourned Session of the 1984 Ann To Meeting- Apri
� 1 4, 1984.)
Article 11. (Being brought up together with Article 8. See vote on Page 292.)
Presented by Margery M. Batti_n. BY -LAWS REVISION
MOTION: That Article XXIV of the General By -Laws of the Town of
Lexington be amended by adding a new Section 2 thereto as set forth
in the "Proposed Amendments To General By- Laws" dated March 29, 1984
as amended dated April 4, 1984 as filed with the Town Clerk and by
renumbering Section 2 and 3 thereof to 3 and 4 respectively.
8:50 P.M.
(Referred (PROPOSED AMENDMENTS TO GENERAL BY -LAWS as filed with the Town
back to
Clerk.
Selectmen -
See Page (No change in Article 111, Section 2.)
329.)
Article XXIV, (new) Section 2. Annual estimates of capital
expenditures shall be submitted in writing to the Town Manager on
or before September 15 of each year. The Town Manager shall submit
to the Board of Selectmen and to the Capital Expenditures Committee
an estimate of recommended capital expenditures for the next fiscal
year and the ensuing four year period on or before November 15 of
each year. The Board of Selectmen shall transmit a copy of the
capital budget with their recommendations relative thereto to the
Appropriation Committee and to the Capital Expenditures Committee
on or before December 15 of each year.
The Town Manager shall submit to each member of the Board of
Selectmen an annual budget, revenue statement and tax rate
estimate on or before January 15 of each year. The Board of
Selectmen shall transmit a copy of the budget with recommendations
relative thereto to the Appropriation Committee and to the Capital
Expenditures Committee on or before February 15 of each year.
A copy of the warrant containing articles to be considered and
acted upon at the annual town meeting, other than articles for
election of town officers and town meeting members, shall be sent
by mail, postage prepaid, addressed to each town meeting member
not less than twenty -one days before the time stated in the
warrant for holding such meeting.)
(Renumber Sections 2 and 3 of Article XXIV as Sections 3 and 4
respectively.)
Dan H. Fenn, Jr. stated that Homer Hageddrn, Chairman of the
Selectmen -Town Manager Act Review Committee who had worked so
closely on these changes, is out of town on business this week.
Mr. Fenn therefore moved that action on Articles 8 and 11 be
postponed to Monday next (April 9, 1984). 8:50 P.M.
Thomas E. Fortmann felt that if Articles 8 and 11 were postponed
to April.. 9, 1984 that it would mean that they would come up in
the middle of the zoning articles. He suggested that Mr. Fenn
change his motion so that .Articles 8 and 11 would be postponed
until after action on Article 17. 8:52 P.M.
Mr. Fenn stated that he did not have any objections to this
change and changed his motion accordingly.
Mr. Penn's motion to postpone action on Articles 8 and. 11 unti.l
after Article 17 was declared adopted by voice vote.
8:52 P.M.
(See Pages 324 - 329)
Article 9. Presented by John F. McLaughlin. POOR FARM
MOTION: That the Selectmen be and they hereby are authorized to
transfer to the Housing Authority lot 6 of the so- called Poor Farm
for $1.00 and on such other terms as the Selectmen shall determine.
Adopted unanimously. 8 :55 P.M.
(A djourned Session of t he 1984 Annual Town Meeting - April 4, 1984.) 2 ��@)
Article 10. John F. McLaughlin moved that Article 10 be placed on the table.
Adopted unanimously. 8 :55 P.M.
(See Page 385)
Article 11. (See Pages 292, 294, 324 - 329)
Article 12. Presented by John F. McLaughlin. BY -LAW AMENDMENT - HEALTH PEES
MOTION: That Article XXIV of the General By -Laws of the Town of
Lexington be amended by adding a new Section 5 thereto as set
forth in the article.
8:56 P.M.
(Article 12 as set forth in the article:
To see if the Town will vote to amend Article XXIV of the General
By -Laws of the Town of Lexington by adding a new Section 4
thereto as follows:
Section 4. The fees of the'', Board of Health for the following
licenses shall be as listed:
Recreational Camps and Motels $50.00
Pasteurization of Milk 40.00
Sale of Milk 10.00
Methyl Alcohol 5.00
or act in any other manner in relation thereto.)
Main motion declared adopted unanimously. 8:57 P.M.
(As (Motion as adopted:
adopted)
MOTION: That Article XXIV of the General By -Laws of the Town of
(Approved Lexington be amended by adding a new Section 5 thereto as set forth
by Atty. in the article.
Gen.,
Sept. 21, Article 12 as set forth in the article:
1984.
Advertised To amend Article XXIV of the General By -Laws of the Town of
in Lex. Lexington by adding a new Section 4 thereto as follows:
Min. Man.
Oct. 4 & Section 4. The fees of the Board of Health for the following
11, 1984) licenses shall be as listed:
Recreational Camps and Motels $50.00
Pasteurization of Milk 40.00
Sale of Milk 10.00
Methyl Alcohol 5.00
Adopted unanimously,. 8:57 P.M.)
BY -LAW AMENDMENT - VISIBILITY AT
Article 13. Presented by Margery M. Battin. INTERSECTIONS
MOTION: That Article XXV of the General By -Laws of the Town of
(See Lexington be amended by adding a new Section 29 thereto as follows:
P age
366) Section 29. In the interest of public safety, no person owning,
possessing or having under control', any land abutting any inter-
section of streets, shall erect, place, plant or permit to remain
or be maintained anything in such ',a mariner that it shall materially
impede the vision of operators of motor vehicles between a height
of two and one -half (2' and ten (10) feet above the centerline
grades of the intersecting streets in the area bounded by the street
(9 6 (Adjourned Session of the 1984 Annual Town M - April 4 1984.)
Article 13. lines of said land and a line joining points thirty (30) feet along
(Cont.) said street lines from the point of intersection of said street
lines. This provision is intended to apply primarily to major
traffic routes and intersections but may be enforced whenever a
significant traffic hazard has been shown to exist.
8:59 P.M.
Mrs. Battin gave a short explanation of the article. 9:02 P.M.
Walter Tonaszuck, Director of Public Works, responded to a question
raised at the information meeting in reference to property ad-
jacent to state highways and private ways. On advice of Town
Counsel, Mr. Tonaszuck stated that this by -law would be applicable
to both state highways and private ways. 9:03 P.M.
Questions were raised regarding walls, fences, buildings, shrubs
etc. and who would pay for the removal of the object in violation.
Mrs. Battin said that they did not intend to touch stone walls, hills
etc. that had not been placed there by the property owner. She
added that any expense involved for any removal would be at the
expense of the owner and not the town. 9:05 P.M.
Julian J. Bussgang voiced his concern about the word "anything ".
Mrs. Battin replied that she would hope that any Board of Selectmen
would use their discretion. She added that any judgment would be
made on the basis of public safety. 9:09 P.M.
Frank Sandy moved that this article be referred back to the Board
of Selectmen and to be brought back to another session of this
town meeting. 9:11 P.M.
At the request of Margaret F. Rawls, Frank Sandy withdrew his
motion to refer back to the Selectmen. 9:12 P.M.
(Pending Margaret F. Rawls moved to amend: to delete the word "anything"
amendment) and replace with "any vegetation, fence or sign ". 9:12 P.M.
Mrs. Battin stated that the Board of Selectmen unanimously
supported this amendment. 9:13 P.M.
Ephraim Weiss moved to postpone this article, with the pending
amendment, to refer back to the Board of Selectmen and to resubmit
to a later session of this town meeting. After general discussion,
this motion to postpone was declared adopted by voice vote.
9:23 P.M.
(See Page 366)
Article 14. ZONING BY -LAW, COMPREHENSIVE
REVISION, PARKING REQUIREMENTS
Karsten Sorensen moved that the Report of the Planning Board on
Article 1_4 be accepted and placed on file.
Adopted unanimously. 9:25 P.M.
Presented by Karsten Sorensen.
(See Pgs. MOTION: That the Zoning By -Law be amended as set forth in the motion
298 -308 attached to the Planning Board's report and filed with the Town - --
for Clerk. 9:26 P.M.
motion
as (See Pages 298 thru 308 for motion as attached to the Planning
adopted) Board Report, as amended and finally adopted.)
Benjamin H. Golini moved that 11.7.1 - delete the phrase "and where
there are not more than four parking spaces serving such dwelling."
Mr. Golini's motion to amend was declared adopted by voice vote.
9:40 P.M.
(A djourned Ses of the 1984 Annual To Meeting - April 4, 1984 C ('
Article 14. Margery M. Battin stated that a majority of the Board of Selectmen
(Cont.) supported Article 14. 9:40 P.M.
Earl I''. Baldwin, Jr. moved to amend Article 14, Section 11.3.1 by
inserting after the words otherwise indicated - For new buildings
constructed and shall not apply to existing buildings, unless the
use of the existing buildings shall change by more than 500 of its
net floor area. 9:48 P.M.
Karsten Sorensen asked for a recess at 9:49 P.M. The meeting was
reconvened at 9:53 P.M.
Robert Domnitz, a resident of Precinct 6, a property owner, both
residential and commercial in the town, spoke from the balcony
in favor of Article 14. 10:05 P.M.
Mr. Baldwin, with no objections from the meeting, withdrew his
motion to amend. 10:06 P.M.
George S. Silverman moved that 11.3, Sub. 2) d - the words "Church,
Temple" be stricken therefrom. That the following subsection be
added
11.3 2) j. Church, Temple
No restriction.
10:07 P.M.
Mr. Silverman's motion to amend was declared lost by voice vote.
10:11 P.M.
Patricia K. Hagedorn moved to delete section 11.6.1 in its
entirety. 10:12 P.M.
Voice vote on Mrs. Hagedorn's motion to amend was doubted by the
Moderator so a standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 14 Nancy L. Barter 2
2 11 Karen A. Docks 6
3 8 Marian C. Reilly 9
4 4 Peter C. J. Kelley 9
5 8 Julie F. Triessl 7
6 6 John S. Willson 14
7 5 Winifred L. L. Friedman 12
8 9 Benjamin H. Golini 9
9 6 L. Gail Colwell 14
At Large 16 John R. Campbell 11
Totals 87 93
Mrs. Hagedorn's motion to amend does not prevail. 10:23 P.M.
Earl F. Baldwin, Jr. moved to amend Article 14, 11.3.3.
Delete the entire section and insert the following:
The number of off street loading bays in any zone shall be
provided as is reasonably sufficient as determined by the building
commissioner. 10:25 P.M.
Mr. Baldwin's motion to amend was declared lost by voice vote.
10:27 P.M.
2 " 9 S (Adjourned Session of the 1984 Annual Town Meeting April 4, 19 84.)
Article 14. Voice vote on main motion, as amended by Mr. Golini, was not unani-
(Cont.) mous, so a standing vote was taken as follows:
Precinct In Favor Teller Abstain Opposed
1 14 Nancy L. Barter 1 0
2 13 Karen A. Docks 2
3 17 Marian C_ Reilly 0
4 13 Peter C. J. Kelley 0
5 14 Julie F. Triessl 1
6 19 John S. Willson 1
7 17 Winifred L. L. Friedman 0
8 18 Benjamin H. Golini 0
9 18 L. Gail Colwell 2
At Large 18 John R. Campbell 3
Totals 161 1 9
Main motion, as amended by Mr. Galini, declared adopted. 10:30 P.M.
(Main motion, as amended, as adopted:
(As MOTION: That the Zoning By -Law be amended as follows:
adopted)
a. by deleting sub - section 9.8 PA RK I NG A LOADING REGULATIONS
in its entirety;
(Approved b. by adding a new SECTION 11. OFF - STREET PARKING AND LOADING, as
by Atty. follows:
General,
Sept. 18, 11.1 OBJECTIVES, APPLICABILITY
1984.
Posted 11.1.1 Any use of land involving the arrival, departure, or storage
in Town of motor vehicles, and all structures and uses requiring the delivery
Office or shipment of goods as part of their function, shall be designed
Building and operated to:
& nine
precincts a. promote traffic safety by assuring adequate places for
on Sept. storing of motor vehicles off the street, and for their
26, 1984) orderly access and egress to and from the public street;
b. increase the traffic - carrying capacity of streets and high-
ways in the town and obtain a more efficient utilization of
on- street curbside parking;
C. reduce hazards to pedestrians upon public sidewalks;
d. protect adjoining lots and the general public from nuisances
and hazards such as: 1) noise, glare of headlights, dust and
fumes, resulting from the operation of motor vehicles,
2) glare and heat from parking lots, 3) a lack of visual
relief from expanses of paving, 4) accelerated run -off of
surface water from land covered by impervious materials_
11.1.2 No building permit or certificate of occupancy shall be
issued for the erection of a new building, the enlargement of an
existing building, the development of a use not located in a
building, or the change from one type of use to another (see 11.3.1
or 11.3.3), unless off- street parking spaces or loading bays are
provided in accordance with this section.
11.1.3 EXISTING PARKING SPACES, LOADING BAYS, NON - CONFORMITY
Any off - street parking spaces or loading bays in existence on the
effective date of this by -law or thereafter established, which
serve a building or use, may not be reduced in number, or changed in
location or design contrary to the requirements of this section so
as to increase the degree of nonconformity with the requirements of
this section. If the use of an existing structure or lot, which does
not have sufficient parking or loading, is changed to a different
type of use for which a greater number of parking spaces or loading
bays is required as set forth in sub - section 11.3, the net increase
in the number of parking spaces or loading bays shall be provided,
which number shall not include any existing parking spaces or
loading bays.
(Adjourned Session of the 1984 Annual Town Meetin - April 4, 1984.) 299
Article 14. (Main motion as amended, as adopted:
(Cont.)
Parking spaces or loading bays in existence on the effective date of
this By -Law, which exceed the number required by sub - section 11.3 to
serve existing uses, and comply with the design standards of sub-
section 11.7.2 (dimensions), 11.7.4, 11.7.7 (surfacing) and 11.7.8,
may be counted toward the number needed for a new building, the
enlargement of an existing building or the change from one type of
(As use to another even though they do not conform to the requirements
adopted) of sub - sections 11.6.2 (setbacks), 11.6.7c (access for a parking
lot) , 11. 7.6b ( snow storage) and 11. 7.9 ( landscaping) , provided
they comply to the extent practicable.
11.1.4 BUILDING DESTROYED, DAMAGED OR DEMOLISHED
If a building, for which sufficient off - street parking or loading
is not provided, is destroyed, damaged or demolished by the owner,
the building may be reconstructed or replaced, without providing
additional parking spaces or loading bays provided the new use is
the same type of use (see 11.3.1 or 11.3.3) as the use before the
destruction, damage, or demolition, or is a type of use that requires
the same or fewer parking spaces or loading bays, If parking
spaces or loading bays were provided before the destruction, damage
or demolition, the same number of spaces or bays shall be provided.
If the new use is a different type of use, for which a greater
number of parking spaces or loading bays is required, or if more
net floor area is to be constructed than previously existed, full
compliance with this section for the entire building shall be a
condition of the issuance of any building permit for the re-
construction or replacement of the building.
11.2 PARKING, LOADING PLAN REQUIRED
11.2.1 Each application for a special permit with site plan review
or, where needed, for a building permit, special permit or certifi-
cate of occupancy, shall be accompanied by an off- street parking
and loading plan showing:
a. the number, location, elevation and dimensions of all drive -
ways, maneuvering spaces or aisles, parking spaces, and
loading bays,
b. the location, size and type of materials for surface paving,
drainage facilities, curbing or wheel stops, trees, screening
and lighting,
C. the location of all buildings,lot lines and zoning boundary
lines from which the parking lot or loading area must be
set back,
d. a summary schedule showing the amount of floor space, or
other parking or loading factor to be met, the number of
standard., compact and handicapped parking spaces and the
number of loading bays.
Such plan shall be a drawing at a scale of 1" = 20' or 1" = 40' or
at such other scale as the building commissioner may approve. Where
necessary, the building commissioner may require that the owner or
operator of a use, building, or establishment furnish a statement
as to the number of employees working at the lot or establishment,
or the number of motor vehicle trips (by type of motor vehicle)
that are made to and from the use, building or establishment.
11.3 NUMBER OF PARKING SPACES, LOADING BAYS
11.3.1 The number of parking spaces indicated for the correspond-
ing types of uses shall be provided in all zoning districts, except
as otherwise indicated.
The symbols under the column parking factor shall mean:
s.f.: square feet of net floor area.
tJ 0 (Adjourned Session of the 1984 Annual Town meeting - April 4, 1984.)
Article 14. 11.3.1 (Cont.)
(Cont.)
TYP OF USE PARKING FACTO
(Minimum Number of
Parking Spaces to be
Provided)
(As 1) Residential Uses:
adopted) a. Dwelling unit in one family 2 /dwelling unit
detached structure
b. Dwelling unit in: two family, 1.5 /dwelling unit for
attached one family, multi - family units with 2 or fewer
structure bedrooms,
2 /dwelling unit for
units with more than
2 bedrooms
C. Accessory apartment, rooming unit 1 /apartment or unit
d. Publicly assisted housing for the 0.5 /dwelling unit
elderly
e. Congregate living facility 1 for each 2 bedrooms
plus 1 /employee
£. Nursing home, sanitarium 1 for each 4 beds
plus 1 /employee
2) Institutional Educ &
Recr Uses
a. Elementary, secondary schools 2 /classroom
b. College, technical school As needed
C. Dormitory 0.5 per bed
d. Church, temple, auditorium, club, 1 per each 10 seats in
lodge, community center the largest assembly area
e. Gymnas.i_um, stadium, field house 1 per each 6 seats
f. Public library, art gallery, museum 1 per each 600 s.f. of
and other non - recreational public floor area open to the
facilities public
g. Parks, athletic fields, tennis and As needed
pool facilities, golf courses,
recreation centers, related uses
h. Hospital 1 per employee plus
1 per bed
i. Medical office, out - patient clinic 1 per 200 s.f.
3) Agricultural Uses
a. Greenhouses, nu.rsery, roadside stand 1 per 1,000 s.£. of
display area whether
indoors or outdoors
4) Office Uses 1/250 s.f.
5) Retail Business
a. Retail uses, and consumer service 1/250 s.f. on street
establishments (See Table 1, level floors,
Section 6.0 except as otherwise 1/500 s.f. in a cellar
classified) 1/300 s.f. on all other
floors
6) Other Commercial Uses
a. Funeral parlor 1 per 4 seats in the
largest assembly area
b. Barber shop, hairdresser 1.5 per chair
C. Automotive service garage 2 per bay
7) Eating Establishments
a. Restaurant 1 per employee plus 1
per 4 seats
b. Take out, fast food service 1 per employee plus 1
per 5 linear feet of
counter space
8) Amusements, Recreation
a. Theater, other public assembly 1 per 6 seats
b. Commercial amusements 1 per employee plus 1
per alley, machine
t
(Adjourned Session of the 1984 Annual Town Meeting - April 4, 1984.) 00 1
Article 14. 11.3.1 (Cont.
(Cont.)
TYPE OF USE P ARKING FACTO
9) Tr Accomodations
(As a. Hotel, motel 1 per guest room
adopted) b. Convention center 1 per 4 seats in the largest
assembly area
10) Manufacturing, Research, 1 per 500 s.f.
Industrial U ses
11) warehouse, Wholesale Uses 1 per 1,000 s.f.
12) All Other Permitted Uses As needed, usually 1 per employee
Any permitted use listed in 2) through No requirement
12) above, located in a CB district
11.3.2 RULES FOR INTERPRETATION OF SECTIONS 11. 3.1 and 11.3.3
a. Where the number of spaces is expressed as a ratio to
dwelling units, floor area, beds, employees, etc., any
fraction thereof shall require one parking space but after
the first such parking space or loading bay, only a
fraction of one half or greater shall require an addi-
tional space or bay.
b. Where the requirement is stated "as needed," the appli-
cant for a permit shall estimate the number of parking
spaces or loading bays required to serve the use and shall
provide such number; the building commissioner shall verify
that the number is adequate and shall, if necessary, order
that additional spaces or bays be provided.
c. To simplify the determination of net floor area, 80 per
cent of the gross floor area may be used.
d. Where off - street parking or loading serves two or more
activities that are different types of uses, including two
or more activities that are part of the same principal
use, the number of spaces or bays provided shall be the
sum of the requirements for the various individual uses
computed separately. Parking spaces or loading bays for
one activity or use shall not be considered to be providing
the required parking or loading bays for any other use,
except as provided in Paragraph ll.8.e_
e. Where the requirement is based on the number of employees,
the number of spaces shall be based on the number of
employees in the peak period, which shall be at least 3
hours per day for at least 3 days per week.
f. where fixed seats are not used in a place of assembly,
each 40 square feet of floor area in the largest assembly
area shall equal one seat.
g, Where uses are of the open air type and are not en-
closed in a structure, each square foot of lot devoted to
such use shall be considered to be equivalent to one fifth
of a square foot of net floor area.
11.3.3 The number of off- street loading bays indicated for the
corresponding types of uses shall be provided in all zoning districts
except as otherwise indicated.
The symbols under the column loading factor shall mean:
s.f.: square feet of net floor area
{ c
0 2 (Adjourned Session of th 1984 Annual Town Meeting - April 4, 19 84 ; )
Article 14. 11.3.3 (Cont.)
(Cont.)
TYPE OF USE LOADING FACTOR
Minimum number of loading bays
to be provided:
(As 1) Residential Uses
adopted) a. Nursing home, sanitarium 1 per 100 beds
2) Institutional Uses
School, college, church, club, 1 per first 25,000 s.f., 1
library, gallery per each additional 75,000 s.f.
3) office Uses 0 for first 10,000 s.f.
1 for next additional 50,000
s.f,
1 for each additional
100,000 thereafter
4) Retail Business 1 per first 5,000 s.f.
1 per each additional
15,000 s.f.
5) Restaurants 1 per first 99 seats, 1 per
all additional seats
6) Manufacturing, research, 1 per first 10,000 s.f., I per
industrial uses each additional 40,000 s.f.
7) All other permitted uses As needed
11.3.4 Required off - street parking spaces or loading bays which,
after development, are later dedicated to and accepted by the Town
and are maintained by the Town for off- street parking or loading
purposes, shall be deemed to continue to serve the uses or structures
for which they were originally provided.
11.3.5 PARKING SPACES FOR HANDICAPPED PERSONS
Specially designated parking spaces for the physically handicapped
shall be provided, as follows:
Total Number of Spaces Spaces for Handicapped
^� 10 -25 1 space
26 -40 5% of the total spaces but not less than 2
41 -100 4% of the total spaces but not less than 3
101 -200 3% of the total spaces but not less than 4
301 -500 2% of the total spaces but not less than 6
501 -1,000 1.5% of the total spaces but not less than 10
1,000 -2,000 0.75% of the total spaces but not less than 20
Spaces for the handicapped shall be clearly identified by a sign in-
dicating those spaces are reserved for physically handicapped per-
sons. Such spaces shall be located in that portion of the parking
lot nearest to the entrances to the use or structure which the
parking lot serves.
11.4 PARKING, LOADING TERM INOLOGY
The following terms relative to off - street parking and loading are
defined in Section 2, Definitions: Driveway, maneuvering aisle,
motor vehicle trip, parking lot, unit parking depth.
11.5 LOCATION OF OFF - STREET PARKING, LOADING BAYS
11.5.1 Required off- street parking spaces and loading bays shall
be provided on the same lot as the principal or accessory use they
are required to serve, except that some parking spaces may be
provided on a separate lot as provided in section 11.8.
11.5.2 No area may be utilized and counted as both a required
parking space and a required loading bay. However, maneuvering aisles
and driveways may serve both required parking and loading bays if they
meet the design standards of each. Existing areas used for both
parking and loading shall be counted for loading purposes.
(Adjourned Session of the 1984 Annual Town Meeting - April 4, 1 984.) 303
Article 14. 11.5.3 Required off - street parking spaces or loading bays may be
(Cont.) wholly or partly enclosed in a structure.
11.5.4 Off - street parking spaces required for two or more buildings,
uses, or establishments may be provided in a common lot where it is
evident that such facilities will continue to be available for the
several buildings, uses, or establishments, and if the Board of
Appeals shall grant a special permit therefor in accordance with
Section 11.8.
(As
adopted) 11.6 MINIMUM YARDS FOR PARKING L OTS; SCREENING; DRIVEWAYS
11.6.1 PARKING FOR ONE - FAMILY, TWO- FAMILY DWELLING: On any lot in
any district where parking is provided for a one - family or two - family
dwelling, and where there are not more than four outdoor parking
spaces serving such dwelling, each parking space shall be set back
five feet from any side lot line or rear lot line, and shall not be
located in that portion of the front yard which lies between the
principal building and the street line except in a designated
driveway.
11.6.2 on any lot in any district, for all uses other than a one -
family or two family dwelling, all paved parts of all parking spaces,
and maneuvering aisles, shall be set back from any wall of a princi-
pal building, and from any lot line or zoning boundary line as in-
dicated in the following table, and the set -back shall be maintained
as a landscaped open area except for: 1) not more than two driveways
between the street line and its corresponding set -back line, or 2)
a parking space located within a structure otherwise permitted in
such area.
Distance in feet parking space and maneuveri aisle
must be set bac from:
Resi-
dential Wall of a
district Street All other principal
District line line lot lines b uilding
RS, RO, RT N.R. 25 8 5
RD, RM N.R. 25 8 5
CR, CO, CH, CM 50* 50 10 5
CG, CB, CN 20* 10 N.R. 5
*No requirement where the residential district line is coterminous
with the line of the right -of -way now or formerly of the Boston and
Maine Railroad or the right -of -way of State Route 2 or State
Route 128.
NOTE: Screening (section 11.6.6) is required adjacent to the paved
area but not in the required snow storage area and not between a
paved area and a building.
11.6.3 No loading bay may be located in that half of the minimum
required setback nearest to the street line or lot line of a mini-
mum yard required by Table 2, Schedule of Dimensional Controls;
maneuvering space for such bay may be as close to a street line or
lot line as may be permitted by paragraph 11.6.2 or by the preceding
clause.
11.6.4 No parking space or loading bay, whether required or other -
wise provided, shall be located, wholly or partly, within the right -
of -way of a public street.
11.6.5 All parking lots, _loading bays, and drive -in or motor vehicle
uses shall be so arranged and designed that the only means of access
and egress to and from such lots shall be by driveways meeting the
requirements of this section; curbs, wheel stops, screening or similar
barriers shall be installed along the setback line for parking and
loading, as required by paragraph 11.6.2, to prevent vehicles from
being parked or driven within required setback areas or into land -
scaped open space areas.
3,04 ( Adjou re nd Session of the 1 984 Annual Town Meeting - April 4, 1984.)
Article 14. 11.6.6 TRANSITION AND SCREENING
(Cont.)
a. In all residential districts, or on a lot in any other
district which abuts or faces a lot in a residential district,
any outdoor parking lot containing five or more parking
spaces and all loading bays shall. be screened in accordance
with sub - paragraph c, in a manner to protect abutting lots
(As from the glare of headlights, noise and other nuisance
adopted) factors.
b. Any parking lot which is: 1) a principal use or 2) within
any residential district, shall have setbacks computed in
accordance with paragraph 11.6.2 and shall be screened
around the entire perimeter of the parking lot. The
entrance to driveways, to the extent practicable, shall be
located on the side near non - residential districts or on
streets or highways leading to non - residential areas.
C. Where screening is required, it shall consist of:
(1) A strip of land at least four feet wide, densely
planted with shrubs or trees which are at least four feet
high at the time of planting and which are of a type that
may be expected to form a year -round dense screen at least
six feet high within three years, or
(2) A wall, barrier., or fence of uniform appearance at least
five feet high, above finished grade. Such wall, barrier,
or fence may be opaque or perforated, provided that not
more than 50 per cent of the face is open.
Such screening shall be maintained in good condition at all
times. Such screening or barrier may be interrupted by
entrances or exits, and shall have no signs attached thereto
other than those permitted in the district.
d. All artificial lighting used to illuminate specifically any
parking space, loading bay, maneuvering space or driveway
shall be so arranged that all direct rays from such lighting
fall entirely within the parking or loading area and shall
be shielded so as not to shine upon abutting properties or
streets. The level of illumination of lighting for parking
and loading areas shall be low so as to reduce the glow of
ambient lighting perceptible at nearby properties or
streets.
11.6.7 DRIVEWAYS
a. In all districts the number of driveways permitting entrance
to and exit from a lot shall be limited to two per street
line. Driveways shall be located so as to minimize conflict
with traffic on public streets and where good visibility and
sight distances are available to observe approaching
pedestrian and vehicular traffic.
b. The width of a driveway for one -way use shall be a minimum
of 8 feet and for two -way use shall be a minimum of 18 feet
and a maximum of 30 feet, as measured at the setback line.
C. Where access or egress is provided for a parking lot (5 or
more spaces), or 1 or more loading bays, such access or
egress shall be so arranged to provide a circulation system
or maneuvering space on the lot so that all vehicles may
exit from and enter onto a public street by being driven in
a forward direction and no vehicle shall be required to
enter or leave by backing and no vehicle shall have to stand
within a street right -of -way waiting to enter the lot.
(Adj ourned Session of the 1984 Annual Town Meeting - April 4, 1984.)
Article 14. 11.7 DESIGN STANDARDS
(Cent.)
11.7.1 EXCEPTION FOR ONE - FAMILY, TWO - FAMILY DWELLING
The provisions of paragraph 11.6.7c (backing into a public street),
11.7.5 (marking of pavement), 11.7.6c (moving of vehicles) and
11.7.7 (surfacing, drainage) shall not apply where parking is
(As provided for any one - family or two- family dwellings
adopted)
11.7.2 DIMENSIONS
a. On any lot in any district., parking spaces and maneuvering
aisles shall have the minimum dimensions set forth in the
following table and elsewhere in this subsection:
M Parking Space and Aisle Dimensions fo P arking Lots
(in feet)
S == standard C = compact H = handicapped
**
Width of Depth of Width of Unit
Angle of Parking Parking Maneuvering Parking
Parking Spac Sp Aisle Depth
S C H S C H S C H S C H
61 -90° 9 8.5 12 19 15 19 22 20 22 60 50 60
46 -60° 9 8.5 12 19 15 19 16 15 16 56 48 56
45° 9 8.5 12 19 15 19 14 13 14 53 47 54
Parallel 8 8 12 22 18 22 12 12 12 n/a
*Where one or both of the long sides of a parking space abuts a
wall or similar obstruction, the width shall be 12 feet.
* *Up to 2 feet of unpaved landscaped space may be included in the
depth provided there are no obstructions to the vehicle's overhang.
b. To be counted as a required parking space, a parallel
parking space shall have maneuvering space at least 20
feet deep in front of it in an aisle parallel to and
abutting such parking space.
C. Where columns of a building or structure are located in a
parking lot (such as a parking garage under a building) no
part of a column may be within 3 feet of a maneuvering
aisle. No parking space in a bay between such columns, or
between a column and a wall shall be counted as a required
parking space unless the minimum turning radius of the
inside rear wheel of the vehicle is at least 15 feet and
the minimum turning radius of the extreme outside point
(generally the front bumper) is 25 feet.
11.7.3 NUMBER OF COMPACT CAR SPACES
In parking lots containing more than 20 spaces, not more than 33%
of such spaces may be designed for use by compact cars. Such
compact car spaces shall be located in one or more continuous
areas, shall not be intermixed with spaces designed for standard
cars and shall be clearly designated by signs or pavement marking.
In parking lots with 20 or fewer parking spaces, spaces meeting the
minimum dimensions for compact cars are not permitted.
11.7.4 LOADING BAYS
All required loading bays shall have minimum dimensions as follows:
30 feet long, 12 feet wide and 14 feet high. Each loading bay
shall have a maneuvering space equal to its length. Where the long
portion of a loading bay abuts a wall, column or other obstacle, or
in other cases where the building commissioner requests, evidence
shall be provided that the loading bay and its maneuvering space is
adequate to accommodate large motor vehicles, and trailers.
11.7.5 MARKING
In a parking lot or loading area the surface of the parking lot or
loading area shall be painted, marked or otherwise delineated so that
the location of the parking spaces and loading bays is apparent.
Where 50 per cent or more of the required parking spaces in a parking
lot are assigned, such as to individual employees or to dwelling units
in an apartment building, parking spaces for guests or visitors to the
L) (Adjourned Session of the 1984 Annual Town Meeting - Ap ril 4, 1984.)
Article 14. 11.7.5 (Cent.)
(Cent.)
use or establishment, not to exceed ten per cent of the required
parking spaces, shall be located. and designated as visitor parking
near the principal entrance to the building which it serves.
11.7.6 AVAILABILITY, SNOW STORAGE
(AS To insure the availability and utilization of required parking_
adopted) spaces and loading bays on a year round basis:
a. No fee or other charge to the parker, in addition to a
lease or purchase agreement applicable to occupants
generally, shall be made for a parking space or loading bay
required to serve a use, building, or establishment.
b. A strip of _land not less than five feet in width shall be
provided on at least two sides of a parking lot or loading
area and designated on the off-street parking and loading
plan for the storage of snow plowed or removed from the
surface area of the parking lot or loading area; such snow
storage area may not encroach on the area required for off -
street parking or loading but may be located in the land-
scaped open area or in the area of required setback from a
lot line or building.
C. Each required off - street parking space and loading bay shall.
be designed so that any motor vehicle may proceed to and
from said space without requiring the moving of any other
vehicle or by passing over any other space or bay.
d. Parking spaces for vehicles larger than automobiles, such as
large trucks or buses, shall be specifically identified on
the off - street parking and loading plan and shall be of
such dimension as to accommodate the specified type of
vehicle. Such vehicles shall be permitted to park only
in the spaces so identified and approved,
11.7.7 SURFACING, DRAINAGE
All required parking spaces and loading bays, maneuvering aisles,
and driveways shall have a durable, dustless, all - weather surface
suitable for year -round use, such as asphalt or concrete, and shall
dispose of surface water by grading and drainage in such a manner that
no surface water shall drain onto any public way or onto any lot in
other ownership.
It is the intent of this section that the paved surface of a parking
lot or loading area shall be limited to such areas as are necessary
for the parking spaces, loading bays, maneuvering aisles, and drive-
ways required to meet the provisions of this section. The off- street
parking and loading plan required by this Section shall demonstrate
that all paved areas associated with a parking lot are necessary for
the storing, standing, or maneuvering of vehicles; the building
commissioner may deny the request for a permit when more area is
paved than is necessary to comply with the provisions of this section.
11.7.8 GRADE
The maximum grade of any required maneuvering aisle, parking space,
or loading bay shall be ten per cent. The maximum grade of any
outdoor driveway shall be twelve per cent.
11.7.9 LANDSCAPING
a, On at least three sides of the perimeter of an outdoor
parking lot containing 20 or more parking spaces, there
shall be planted at least one tree for every eight parking - --
spaces abutting the perimeter; such trees shall be spaced so
that some part of a _parking space is not more than 30 feet
from a tree.
b. In the interior part of an outdoor parking lot where two
rows of parking spaces containing a total of 10 or more
parking spaces face each other, a landscaped open space not
less than S feet in width shall be provided. The landscaped
strip may be provided either: 1) between the rows of parking
spaces parallel to the aisle or, 2) in two or more strips
(A djourned Session of the 1984 Annual Town Meeting - April 4, 1984.) 0 .
Article 14. 11.7.9 (Cont.)
(Cent.)
b. (Cent.)
parallel to the spaces and extending from the aisle serving
one row of spaces to the aisle serving the other row of
spaces. There shall be planted in each such strip at least
three trees and in all such strips not less than one tree
(As for every eight parking spaces in the interior part of the
adopted) parking lot. Trees shall be spaced so that some part of a
parking space is not more than 30 feet from a tree.
C. Trees required by this section shall be at least 2 inches
diameter at a height four feet above the ground at time of
planting and shall be of a species characterized by suitability
and hardiness for location in a parking lot. To the extent
practicable, existing trees shall be retained and used to
satisfy this section.
11.8 EXCEPTIONS, SP ECIAL PERMITS
In accordance with Section 3.3, and where consistent with the
objectives set forth in 11.1.1, the Board of Appeals may grant a
special permit modifying the requirements of this Section in the
following cases:
a. Where it can be demonstrated that a use or establishment
needs a lesser number of parking spaces or loading bays
than is required by subsection 11.3, the number of such
spaces or bays required may be reduced by not more than
50 per cent. An applicant shall submit documentary evidence
that the parking or loading experience of the use justifies
a lesser number of spaces or bays. A reserve area, to be
maintained as landscaped open space, shall be provided
sufficient to accommodate at least one half of the difference
between the spaces or bays required and the lesser number
provided. The off - street parking and loading plan shall
show how the reserve area would be laid out in compliance
with this section. The term of a special permit for such
reduction initially may not exceed two years, but may be
granted subsequently for a longer period upon verification
that the parking or loading is adequate. A special permit
granted under this authority shall lapse upon change to a
different type of use and shall not be considered to
constitute any non - conformity.
b. Where the design of a parking lot or loading area differs
from the design provisions of sub - section 11.6 or 11.7
provided such design complies with the intent of 11.6 or
11.7, is prepared by a professional engineer or landscape
architect and provided such design is approved in writing
by the Town Engineer.
C. To allow a driveway on one lot in a commercial district to
lead to parking spaces or loading bays on another lot, or to
allow a driveway to straddle the lot line and serve spaces
or bays on two or more lots, both in a commercial district,
provided a binding agreement, satisfactory in form to the
Town Counsel, is executed and is filed in the Registry of
Deeds of Middlesex County.
d. In any commercial or industrial district, allowing required
parking spaces to be located on a separate lot, which may be
in separate ownership, within a zoning district in which the
principal use is permitted provided: (1) all such parking
spaces are within 750 feet walking distance of an entrance
to the building which they serve, (2) all such spaces are
for employees only and not clientele, and (3) where such lot
is not in the same ownership, a lease guaranteeing long
term use of such lot, and satisfactory in form to the Town
Counsel is executed and filed in the Registry of Deeds of
Middlesex County.
308 (Adjourned S of the 1984 Annual Town Meeting -__April 4, 198
Article 14, 11.8 (Cont.)
(Cont.)
e, Where two or more activities or uses provide for required
parking or loading in a common parking lot or loading area,
the number of parking spaces or loading bays required may
be reduced below the sum of the spaces or bays required for
(As the separate activities or uses or if it can be demonstrated
adopted) that the hours, or days, of peak parking or loading need for
the uses are so different that a lower total will provide
adequately for all uses or activities served by the parking
lot or loading bay.
C. in Section 2 DEFINITIONS, by deleting the definition PARKING SPACE;
and by inserting the following new definitions in Section 2, in the
proper alphabetical sequence:
DRIVEWAY: An area on a lot which: is for the passage of motor
vehicles (and not for storing or standing of such vehicles
except where serving four or fewer parking spaces), has an
all- weather surface, provides access and egress to and from a
street and leads to or from a parking space or loading bay (or
their related maneuvering aisle).
MANEUVERING AISLE: An area on a lot which: is immediately ad-
jacent to one or more parking spaces or loading bays, is
necessary for turning, driving or backing a motor vehicle into
such parking space or loading bay, but is not used for the
parking or standing of motor vehicles.
MOTOR VEHICLE TRIP: Use of one motor vehicle by one or more
persons which either begins or ends (regardless of the duration
of parking or standing) on a lot, or at a use or establishment.
PARKING LOT: An area on a lot which includes 5 or more parking
spaces and their related maneuvering aisle, Where there are
5 or more parking spaces on a lot, regardless of their location
on the lot, all such spaces shall be subject to the standards
for parking lots.
UNIT PARKING DEPTH: The distance required to accommodate two
rows of parking and a common maneuvering aisle.
d. by striking paragraphs 5.4.2, 8.1.6, 8.1.2g, and 9.2.3 in their
entirety;
e. by striking the number 9.8 and substituting the number 11 in
place thereof in Table 1, USE REGULATIONS SCHEDULE, in the
footnote ** which appears after line 8.15.
Adopted: In Favor 161 Opposed 9 Abstained 1
10:30 P.M.
See Page 298)
Article 1 -5. REZONE TO CG, EAST LEXINGTON,
BEDFORD STREET - WORTHEN ROAD
Elizabeth G. Flemings moved that the Report of the Planning Board on
Article 15 be accepted and placed on file. This motion was declared
adopted unanimously. 10 :32 P.M.
(See
Page Presented by Elizabeth G. Flemings.
309 for
adopted MOTION: That the Zoning By -Law be amended as set forth in Article
motion.) 15 of the Warrant insofar as it relates to the change in the district
designation only and specifically between the words "....by changing
the district designation..." and the words "...to the railroad right -
of- way." That part of the Article printed in the Warrant referring
to Table 1, Use Regulations Schedule, -is NOT included in this motion.
10:33 P.M.
9Q
(Adjourned Ses of the 198 A nnual Town Meeting - April 4, 1984.)
Article 15. Mrs. Flemings gave a short explanation. 10:35 P.M.
(Cont.)
Motion as presented by Mrs. Flemings was declared adopted unanimously.
10 :35 P.M.
(Motion as adopted under Article 15:
MOTION: To amend the Zoning By -Law by changing the district
(As designation from CB, Central Business, to CG, General Business, of
adopted) two existing commercial districts, the first in the vicinity of
Worthen Road and Bedford Street, bounded and described as follows:
(Approved "A district on the southwesterly side of Bedford Street between
by Atty. the northwesterly lot line of premises now number 30 Bedford Street
General, and said lot line extended and northwesterly lot line of property
Sept. 18, now or formerly owned by Custance Bros., Inc., and said lot line
1984. extended and for a depth of 400 feet southwesterly from the south -
Posted westerly line of said Bedford Street.
in Town
Office Said district shall also include adjoining land bounded as follows:
Building Easterly by land described in the preceding sentence three hundred
& nine forty -two and 93/100 (342.93) feet; southerly by land of Rayco
precincts Realty Trust sixteen and 37/100 (16.37) feet; westerly by land now
on Sept. or formerly of Whalen three hundred twenty -seven and 40/100 (327,40)
26, feet; and northerly by Worthen Road, sixty -six and 69/100 (66.69)
1984) feet." and
"A district on the northeasterly side of Bedford Street between the
northeasterly line of said Bedford Street and the westerly side of
the railroad right -of -way, extending from the southeasterly lot
line of land now or formerly owned by the Christopher S. Ryan
Estate to the northwesterly lot line of property now or formerly
owned by the Lexington Lumber Corporation."
and the second along Massachusetts Avenue in East Lexington near the
Arlington town line, bounded as described as follows:
"A district on the northwesterly side of Massachusetts Avenue
extending northeasterly from the Arlington- Lexington town line to
the northwesterly line of the private way leading to the East
Lexington Depot and extending northeasterly from Massachusetts
Avenue to the railroad right -of- way."
Adopted unanimously. 10:35 P.M.
See above)
Margery M. Battin moved that this session of town meeting be adjourned to
Monday, April 9, 1984 at 8 P.M. in Cary Memorial Hall. This motion was
adopted unanimously, 10:35 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
310
ADJOURNED SESSION OF THE 1984 ANNUAL TOWN MEETIN
HELD APRIL 9, 1984
The meeting was called to order in Cary Memorial Hall at 8 P.M. by the
Moderator, Lincoln P. Cole, Jr. who immediately recessed the meeting subject to
the call of the Chair. The meeting was reconvened at 8:07 P.M.
There were 184 Town Meeting Members present.
The invocation was offered by Rev. Barbara Marshman, Minister of the Follen
Community Church. 8:09 P.M.
The Moderator introduced a group of junior high exchange students from
Pueblo, Mexico who are staying with Clarke Junior High School families. They
were given an ovation by the meeting. 8:10 P.M.
Article 2. Jacquelyn R. Smith, Chairman of the Planning Board, stated that if
Article 18 was reached tonight, that she would move that Articles
18 through 23 be tabled. 8:10 P.M.
James M_ McLaughlin raised a question in regards to Article 15.
Jacquelyn R. Smith answered that the uses are the ones in the Use
Table for a CG district. 8:12 P.M.
Richard A. Michelson said that tables in Article 15 were to be dis-
cussed later but never came up for discussion. Planning Board Member
Elizabeth G. Flemings answered that there were no changes in the
Use Table as that part of the article was dropped. 8:13 P.M.
The Moderator stated that Article 2 would remain open throughout the entire
meeting. 8:14 P.M.
Article 16. ZONING BY -LAW, PARKING,
CENTRAL BUSINESS DISTRICT
Jacquelyn R. Smith moved that the Report of the Planning Board on
Article 16 be accepted and placed on file.
Adopted unanimously. 8:15 P.M.
Presented by Jacquelyn R. Smith.
MOTION: That the Zoning By -Law be amended as set forth in the
motion attached to the Planning Board's report on Article 16 and
filed with the Town Clerk.
(Motion attached to the Planning Board's report as follows:
MOTION: That the Zoning By -Law be amended:
a. By amending Section 11, Off- Street Parking and Loading, as
(As approved by the 1984 Annual Town Meeting in the vote on Article
adopted) 14, as follows:
(Approved 1) In sub - section 11.3, under the column headed TYPE OF USE, by
by Atty. deleting the words "Any permitted use listed in 2) through 12) above,
General, located in a CB district," and under the column header. PARKING
Sept. 18, FACTOR by deleting the words "no requirement"
1984.
Posted 2) In sub - section 11.3, under the column headed PARKING FACTOR, by
in Town adding certain words opposite the corresponding lines under the
Office column headed TYPE OF USE, so that the entry under PARKING
Building FACTOR, as amended, will read:
& nine
precincts 2)i Medical office, out - patient 1 per 200 s.f., in CB 1/250 s.f.
on Sept. clinic
26, 1984)
(Adjourned Session of the 1984 Annual Town Meeting - April 9, 1984.) 1 .
Article 16. (Motion attached to the Planning Board's report (Cont.)
(Cont.)
5) Retail Business
a. Retail uses and consumer 1/250 s.f., in CB 1/325 s.f..., on
service establishments street level floors
(See Table 1, Section 6.0 1 /500 s.f., in CB 1/600 in a
except as otherwise cellar
classified.) 1/300 s.f., in CB 1 /400 on all
other floors
(As 6. Other Commercial Uses
adopted) b. Barber shop, hairdresser 1.5 per chair; in CB 0.5 per chair
7) E Establishmen
a. Restaurant T 1 per employee plus 1 per 4 seats;
in CB 1 per 2 employees plus 1
per 6 seats
b. Take -out food service 1 per employee plus 1 per 5 linear
feet of counter space; in CB 1 per
2 employees plus 1 per 7 linear
feet of counter space
8) Amusements, Recreation
b. Commercial amusements 1 per employee plus 1 per alley,
machine; in CB 1 per employee plus
1 per 2 alleys, machines
b. By inserting the following new definitions in Section 2, in the
proper alphabetical sequence:
"DEVELOPABLE SITE AREA: That part of a lot which remains after
subtracting land that is not available and suitable for the
construction of a structure or other man -made improvements,
subject to Section 7.9."
"FLOOR AREA RATIO (FAR): The ratio of the sum of the net floor
area of all buildings on a lot to the developable site area
of the lot."
C. By adding a new section, as follows:
"7.9 INTENSITY OF DEVELOPMENT
7.9.1 DEVELOPABLE SITE AREA
a. The developable site area shall be calculated by sub-
tracting from the lot area, all land which is located in:
1) a wetland, which shall mean a "vegetated wetland" as
defined in Chapter 131, Section 40, M.G.L.,
2) a Wetland Protection zoning district, and
3) another zoning district in which the principal use
of the lot is not also permitted.
b. To assist in the determination of developable site area,
where applicable, each application for a special permit,
a special permit with site plan review or a building
permit shall be accompanied by:
1) a map of existing site conditions clearly identifying;
2) and a calculation, expressed in square feet of land
area, of:
looted
all parts of a lot /in a wetland, a Wetland Protection
zoning district, and another zoning district in
which the principal use of the lot is not permitted.
The map and the calculation shall be certified as to
accuracy and shall bear the stamp of a Land Surveyor
or Professional Engineer registered in the Common-
wealth of Massachusetts.
3 12', (Adjourned Session of the 1984 Annual Town Meeting - April 9, 1984
Article 16. (Motion attached to the Planning Board's report (Cont.)
(Cont.)
7.9.2 MAXIMUM FLOOR AREA, FLOOR AREA RATIO
The maximum net floor area on a lot shall not exceed the product of
the developable site area and the maximum floor area ratio set forth
in Table 2, Schedule of Dimensional. Controls, for the district in.
which the lot is located. To simplify the determination of net
floor area, 80 percent of the gross floor area may be used.
d. In TABLE 2, SCHEDULE OF DIMENSIONAL CONTROLS, by: 1) adding a
new line between the line which begins Minimum o Open Area and
(As the line that begins Maximum height, as follows; under the column
adopted) headed District, the words "Maximum Floor Area Ratio (FAR),"
under the column headed CB "2.0 ", under the column headed CR
no designation, l.e.blank, and under all other columns for the
several zoning districts, the designation "NR ";
e. By adding a new section as follows:
11.9 PARKING IN CB DIS
11.9.1 It is the intent of this section that a safe and attractive
environme t for pedestrians be preserved and enhanced in the Lex-
ington center business district. Therefore, no new off - street
parking space, loading bay or driveway shall be permitted for a
depth of 0 feet from the street -line of Massachusetts Avenue or of
Waltham Street within the center business district.
11.9.2 Required parking spaces may be provided on the same lot,
or, if a special permit under Section 11.8 d. is granted by the
Board of Appeals, on another lot within the CB zone provided such
facility is within 1200 feet walking distance of the entrance of
the building which such parking spaces are required to serve.
f. by further amending Section 11, Off - Street Parking and Loading,
as approved by the 1984 Annual Town Meeting in the vote under
Artie e 14, in Section 11.8 d, by adding a new sentence at the
end, s follows:
In a QB district all such parking spaces may be within 1,200
feet alking distance of the entrance of the such building if
locat d on a lot within the CB district.)
Jacquelyn R. Smith,in the course of her explanation of this article,
urged support of the motion. 8:24 P.M.
Thomas E. Fortmann, with the aid of slides, stated that we have a
serious parking problem.
1. Neighborhoods suffer
Retail businesses suffer
No controls on development - must deal with reality of
limited parking
2. Parking Requirements is prerequisite to solution.
New parking without controls wont help
3. The by -law is sound and well thought out
Years of thought, many hearings
Additional study just prolongs the agony
Chamber of Commerce confirms numbers
4. We must pass it this year
Four new developments are waiting
8:32 P.M.
At the request of Richard A. Michelson, John Connery, a consultant
with the Chamber of Commerce for the last few months, was recognized
as there were no objections from the meeting. Mr. Connery stated
that the merchants were very concerned about the parking situation
in the center as parking is the lifeblood of the merchants. He
listed the following under existing conditions:
Building coverage 49%
Floor Area Ratio .91
Height Allowance 45'
3 stories
Parking requirements None
(A djourned Session of the 1984 Annual Town Meeting - April 9, 1984.) 3 1
Article 16. Mr. Connery lists the Planning Board Proposal:
(Cont.) Building coverage 30%
Floor Area Ratio .6
Height 30'
2 stories
Parking provided 19 spaces
8:44 P.M.
F. David Wells, representing the Chamber of Commerce, gave the
Chamber's views on this article and stated that they urged defeat
of the motion and wished instead to have a one year moratorium on
building in the center. He added that the Planning Board's
proposal is not a realistic one. 8:53 P.M.
Michael J. O'Sullivan, quoting a speech of Senator Paul Tsongas,
urged consideration of the proposal. 8:57 P.M.
Georgis S. Glick filed a petition .(copy) signed by approximately
600 residents of Precincts 4, 5 and 6 urging passage of Articles
16 and 17. 9 P.M.
In answer to a question raised by Renee T. Cochin, Norman P. Cohen,
Town Counsel, stated that in order to have a moratorium, there
would have to be a substitute motion and it would have to be in the
form of a by -law amendment. 9:01 P.M.
Margaret N. Brooke read a brief statement from the Meriam Hill
Association strongly supporting the article. 9:06 P.M.
Patricia A. Swanson, urging defeat of the motion, said that the
town owed the business some support. 9:10 P.M.
Mr. Patterson of the Bel Canto Restaurant spoke of his concern of
the effect of the amendment and urged support of a one year mora-
torium. 9:13 P.M.
Patricia K. Hagedorn stated that if the motion is defeated, she will
immediately ask for reconsideration and present a motion for a
moratorium. 9:15 P.M.
Michael W. Golay spoke in favor of the motion. 9:22 P.M.
Selectman Paul W. Marshall, stating that he did not have a conflict
of interest on this article although he was a landowner in the
center, said that if no amendment is offered, he would vote on the
article as proposed as that seemed to be the mandate of the people -
something must be done. 9:33 P.M.
Selectman John F. McLaughlin stated that he very strongly supported
the thrust of this article but could support a much more stringent
parking proposal for medical offices. 9.35 P.M.
Patricia K. Hagedorn moved: That the motion under Article 16 be
amended by substituting therefor the following new motion:
A. That the Zoning By -Laws be amended by adding a new section 9.9
as follows:
9.9 BUILDING MOR
9.9.1 General Objectives
The general objective of this section is to declare a
building moratorium within the CB district.
9.9.2 Moratorium
No building permit shall be issued for the erection of a
new building or the enlargement of an existing building within
the CB district provided however, if a building is destroyed or
damaged, the building may be reconstructed.
�) 14 (Ad journed Session of the 1984 Annual Town Meeting - April 9, 1984.)
Article 16. Hagedorn amendment (Cont.)
(Cont.)
9.9.3 Effective Date
This section shall become effective immediately upon its
adoption by Town Meeting and shall remain in full force and
effect until the 1985 Annual Town Meeting is dissolved.
9.9.4 Other Sections
Where Section 9.9 imposes a greater restriction upon the
use of land or the use or erections of buildings in the Town then
is imposed by other sections of this By -Law, the provisions of
Section 9.9 shall control.
B. That Town Meeting vote to appoint and charge a study committee
as follows:
1. The Committee shall be known as the Committee to Study
Lexington Center and shall be comprised of Dr. Eric T.
Clarke, Chairman; Jacqui_ Bateson, Tom Fortmann, Michael
Golay, Robert Sacco, Jacquelyn Smith, and Dave We11s.
2. The Committee shall be charged with overseeing:
a. the completion of a thorough Parking Accumulation Study
funded jointly by the Town and the Chamber of Commerce,
examining the area of Massachusetts Avenue from Clarke
Street to the Town Complex, extending north of Massa-
chusetts Avenue to include Oakland Street and south to
include Forest Street. Also to be included for parking
supply analysis are the areas south of Massachusetts
Avenue to Park Drive including the leased spaces at
the Belfry lot; the School Administration lot; the area
surrounding the Battlegreen bounded by Bedford Street,
Harrington Road, and Massachusetts Avenue; the Church
of Our Redeemer parking lot, and the Arts and Crafts
lot on Waltham Street
b. the inclusion of all commercial properties in the land
use database within the boundaries of Oakland Street and
Forest Street and the Minuteman Statue and the School
Administration Building, as well as such public facilities
as the Post Office, Town Hall, Cary Library, and church
buildings.
C. a thorough review of the present land use data for
adjustments, corrections, or additions.
3. The findings of the Committee to study Lexington Center
shall be made available to the Planning Board. The Planning
Board is requested to integrate this study with existing
studies and to develop for action by the 1985 Annual Town
Meeting proposed zoning by -laws to control commercial growth
while ensuring that the unique character of Lexington Center
is maintained and to recommend feasible solutions to present
and future parking problems.
9:40 P.M.
Mrs. Hagedorn stated that she was presenting this amendment at
the request of the Chamber of Commerce. 9:42 P.M.
The Moderator stated that debate on this amendment would be
limited to ten minutes. Three minutes for each speaker. 9:42 P.M.
Jacquelyn R. Smith asked for a recess to study the amendment. The
Moderator called a recess at 9:44 P.M. subject to the call of the
Chair. The meeting was reconvened at 10:10 P.M.
Mrs. Hagedorn withdrew her motion with the unanimous consent of
the meeting. 10:11. P.M.
(Adjourned Session of the 1984 Annual Town Meeting - April 9, 1984.) 3 ;
Article 16. Patricia K. Hagedorn offers a new motion to amend as follows:
(Cont.)
MOTION: That the motion under Article 16 be amended by substituting
therefor the following motion:
A. That the Zoning By -Laws be amended by adding a new section 9.9
as follows:
9.9 BUILDING MORATORIUM
9.9.1 General Objectives
In view of the existing traffic, parking and congestion
problems in Lexington Center, the general objective of this
section is to declare a building moratorium within the CB
district for the purpose of establishing a study committee to
study, investigate and report on proposed Zoning By -Laws to
control commercial growth while ensuring that the unique
character of Lexington Center is maintained and to recommend
feasible solutions to present and future parking problems..
9.9.2 Moratorium
No building permit shall be issued for the erection of a new
building or the enlargement of an existing building within the
CB district provided however, if a building is destroyed or
damaged, the building may be reconstructed.
9.9.3 Effective Date
This section shall become effective immediately upon its
adoption by Town Meeting and shall remain in full force and
effect until the 1985 Annual Town Meeting is dissolved.
9.9.4 Other Sections
Where Section 9.9 imposes a greater restriction upon the
use of land or the use or erections of buildings in the Town
then is imposed by other sections of this By -Law, the provisions
of Section 9.9 shall control.
B. That Town Meeting vote to appoint and charge a study committee
as follows:
1. The Committee shall be known as the Committee to Study
Lexington Center and shall be comprised of Dr. Eric T.
Clarke, Chairman; Jacqui Bateson, Tom Fortmann, Michael Golay,
Robert Sacco, Jacquelyn Smith, and Dave Wells.
2. The Committee shall be charged with overseeing:
a. the completion of a thorough professional Parking Accumu-
lation Study funded 25% by the Town and 75% by the
Chamber of Commerce, examining the area of Massachusetts
Avenue from Clarke Street to the Town Complex, extending
north of Massachusetts Avenue to include Oakland Street
and south to include Forest Street. Also to be included
for parking supply analysis are the areas south of
Massachusetts Avenue to Park Drive including the leased
spaces at the Belfry lot; the School Administration lot;
the area surrounding the Battlegreen bounded by Bedford
Street, Harrington Road, and Massachusetts Avenue; the
Church of Our Redeemer parking lot, and the Arts and
Crafts lot on Waltham Street
b. the inclusion of all commercial properties in the land
use database within the boundaries of Oakland Street
and Forest Street and the Minuteman Statue and the School
Administration Building, as well as such public facilities
as the Post Office, Town Hall, Cary Library, and church
buildings.
C. a thorough review of the present land use data for ad-
justments, corrections, or additions.
1 G (Adjourned Session of the 1984 Annua Town Meet - April 9, 1984.)
Article 16. Hagedorn amendment (Cont.)
(Cont.)
3. The findings of the Committee to study Lexington Center shall
be made available to the Planning Board.. The Planning Board
is requested to integrate this study with existing studies
and to develop for action by the 1985 Annual Town Meeting
proposed zoning by -laws to control commercial growth while
ensuring that the unique character of Lexington Center is
maintained and to recommend feasible solutions to present
and future parking problems.
10:13 P.M.
Norman P. Cohen, Town Counsel, stated that Section B and after of
Mrs. Hagedorn's amendment is not part of the zoning by -law.
10:14 P.M.
Jacquelyn R. Smith, Chairman of the Planning Board, spoke against
Mrs. Hagedorn's motion to amend. 10:36 P.M.
Mrs. Battin, Chairman of the Board of Selectmen, stated that there
is no necessity for a moratorium as the Center Revitalization
Committee has done their study. She added that she and Selectman
John C. hddison oppose the amendment and support the main motion.
10:27 P.M.
Mrs. Hagedorn's motion to amend was declared lost by voice vote.
10:27 P.M.
Richard A. Michelson urged defeat of the main motion. If defeated,
he will immediately serve notice of reconsideration and then move
for a moratorium again. IIe added that the Chamber of Commerce
wants to financially help the town to get professional aid for the
parking study in the center. 10:33 P.M.
Donald Olson, Kenneth Schulman, representing the neighborhood along
Hancock Street, and Robert Domnitz (all private citizens) spoke
in favor of the main motion. 10 :39 P.M.
Laura F. Nichols moved that the vote, when taken, be taken by a
roll call vote. 10:40 P.M.
John F. McLaughlin moved that in Sub - section 11.3, under the column
headed PARKING FACTOR,
5) a. Retail uses change in CB 1/325 s.f, on street level
floors to 1/400 s.f.
4 Office uses change for offices in CB from 1/250 s.f.
to 1/200 s.f.
2)i. Medical office change for medical offices in CB from
outpatient clinic 1/250 s.f. to 1/200 s.f.
in CB
10:45 P.M.
The Moderator asked. for a standing vote for those that wished the
vote on the main motion to be taken by a roll call vote:
P recinc t I Fav or Tellers
1 8 Nancy L. Barter
2 1 Karen A. Dooks
3 7 Marian C. Reilly
4 5 Peter C. J. Kelley
5 2 Julie F. Triessl
6 5 John S. Willson
7 6 Winifred L. L. Friedman
8 9 Benjamin H. Golini
9 6 L. Gail Colwell.
At Large 3 John R. Campbell
52
More than the required 50 having voted in favor, the vote on the
main motion will be taken by roll call. 10 :47 P.M.
(Adjourned Session of the 1984 . Annual Town Meeting - April 9, 1984.) 3
Article 16. Winifred L. L. Friedman moved the previous question which was
(Cont.) declared lost by voice vote. 10:51 P.M.
James Cataldo doubted the vote on the previous question. 10:52 P.M.
The Moderator calls for the vote on the previous question again,
doubted the vote and then asked for a standing vote as follows:
Precinct In Favor Telle Opposed
1 15 Nancy L. Barter 3
2 10 Karen A. Dooks 7
3 15 Marian C. Reilly 3
4 12 Peter C. J. Kelley 3
5 5 Julie F. Triessl 6
6 3 John S. Willson 17
7 7 Winifred L. L. Friedman 10
8 10 Benjamin H. Golini 6
9 9 L. Gail Colwell 9
At Large 21 John R. Campbell 4
Totals 107 68
Previous question prevailed. 10:55 P.M.
In response to a question raised by Julian J. Bussgang, Town
Counsel, Norman P. Cohen ruled that the amendment was within the
scope of the article. He added that although section 4 was not
specifically. in this article, it is mentioned in Article 14.
mentioned 10:57 P.M.
Mr. McLaughlin's motion to amend was declared lost by voice vote.
10:57 P.M.
The roll call vote on the main motion offered by Jacquelyn R. Smith
was taken by the Town Clerk, Mary R. McDonough, starting at 10:57 P.M.
and completed at 11:07 P.M. The final tally was completed at
11:11 P.M. with the following results:
(Final result announced by the Moderator at 11:11 P.M.)
ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 16
PRECINCT ONE YES NO ABSTAINED ABSENT
Joel A. Adler x
Nancy M. Adler x
James E. Barry x
Lois J. Barry x
Nancy L. Barter x
Robert E. Breslin x
Sheila Busa- Tassone x
James Cataldo x
James A. Cataldo x
Chang Chih Chao x
Sheila Clemon -Karp x
David F. Eagle x
Nancy C. Gordon x
Patricia K. Hagedorn x
Ronald Levy x
Laurel A. Macauda x
John W. Maloney x
Barry E. Sampson x
James S. Wilson x
Albert P. Zabin x
Judith L. Zabin x
TOTALS 7 11 0 3
- (Adjourned Ses _ _. ........ ,.., ....,.. .. _,.o-..__,. .. .,.. .. ._, �... __, _w ., M ......,.. .<
31- ( Ad 3 of the 1984 Annual Town Mee ting - April 9, 1984.)
.ARTICLE 16. ROLL. CALL VOTE ON MAIN MO TION UNDER ARTI 16 (CONT.)
(Cont.) _
PRECI TW YES NO ABSTAINED ABSENT
Elizabeth H. Clarke x
Eric T. Clarke x
John T. Cunha x
Karen A. Dooks x
Leonora K. Feeney x
Casimir R. Groblewski x
Daniel A. Lucas x
Lillian T. MacArthur x
Barry H. Marshall x
Michael J. O'Sullivan x
Elizabeth H. Pressman x
George S. Silverman x
Arthur C. Smith x
John J. Walsh x
Christina J. Welch x
William W. Welch, Jr. x
William S. Widnall x
Lynda A. Wi_k x
Alan B. Wilson x
Carolyn C. Wilson x
Donald D. Wilson x
TOTALS 12 6 0 3
PR ECINCT THRE
Phyllis Aaronson x
Donald H. Briggs, Jr. x
Joy C. Buchfi_rer x
John P. Carroll x
Jacqueline B_ Davison x
Suanne C. Dillman x
Elizabeth M. Flynn x
Jean Gaudet x
Erna S. Greene x
Gloria V. Holland x
Donna M. Hooper x
Marjorie K. Madoff x
Francis P. McCarron x
John J. McWeeney x
James P_ Reilly x
Marian C. Reilly x
Paul V. Riffin x
Robert I. Rotberg x
Francis W. K. Smith x
Jacquelyn R. Smith x
Richard W. Souza x
TOTALS 16 3 0 2
PRE CINC T FOUR
Gerald L. Abegg x
Nyles Nathan Barnert x
Julian J. Bussgang x
Stephen B. Cripps x
William J. Dailey, Jr. x
Dan H. Fenn, Jr. x
Angela E. Frick x
Frederick C. Frick x
Katherine G. Pricker x
Martin A. Gilman x
Georgia S. Glick x
Peter C. J. Kelley x
Daniel L. McCabe x
Gale H. Nill x
Margaret F. Rawls x
(Adjourned Session of the 1984 Annual Town Meeting - April 9, 1984.) 3 1
Article 16. ROL CALL VOTE ON MAIN MOTION UNDER ARTICLE 16 (CONT.)
(Cont.)
PRECINCT FO (CONT.) YES NO ABSTAINED ABSENT
Joseph O. Rooney x
Sandra J. Shaw x
Karsten Sorensen x
Ruth S. Thomas x
Judith J. Uhrig x
Martin K. White x
TOTALS 18 3 0 0
PRECINCT FIVE
Florence A. Baturin x
Howard Cravis x
Wallace Cupp x
Marshall J. Derby x
Guy W. Doran x
Jonathan P. Doran x
Elaine Dratch x
William M. Fraser x
Joseph F. Gilbert, Jr. x
Paul E. Hamburger x
John Orin Hayward x
Leona W. Martin x
Stephen W. Miller x
Paul Newman x
Madeline A. Shaughnessy x
Edgar R. Stuhr x
Patricia A. Swanson x
Julie F. Triessl x
Ephraim Weiss x
David G. Williams x
Mary Kathryn Wolf x
TOTALS 12 3 0 6
PRECINCT SIX
Earl F. Baldwin, Jr. x
Margaret N. Brooke x
Levi G. Burnell x
John F. Downey, Jr. x
George E. Foote x
Thomas E. Fortmann x
Michael W. Golay x
Elizabeth C. Haines x
Florence Koplow x
Alan J. Lazarus x
Judith B. Marshall x
Ruth Joyce Nablo x
Sam V. Nablo x
Setha G. Olson x
Edith Sandy x
Frank Sandy x
Susan S. Solomon x
William T. Spencer x
Donald B. White x
Lisabeth M. White x
John S. Willson x
TOTALS 17 4 0 0
3 ®' (A djourned Session of the 1984 Annual Town Meeting - April 9, 1984.)
Article 16. ROLL CALL VOTE ON MAIN MO UNDE ARTI 16 (CO NT.)
(Cont.) T �—
PRECINCT SEVEN YES NO ABSTAINED ABSE
Esther S. Arlan x
Elizabeth M. Barabush x
George A. Burnell x
John R. Campbell x
Sally T. Castleman x
Renee T. Cochin x
Manfred P. Friedman x
Winifred L. L. Friedman x
Lloyd Gilson x
Clarice B. Gordon x
Martin L. Hagerty x
Walter N. Leutz x
Mary W. Miley x
William J. Scouler x
John E. Taylor x
Jacquelyn H. Ward x
John E. Ward x
Graydon M. Wheaton x
Iris G. Wheaton x
Richard B. Welk x
Martha C. Wood x
TOTALS 15 5 0 1
PRECINCT EIGHT
Richard H. Battin x
Roger F. Borghesani x
Charles E. Connolly, Jr. x
Florence E. Connor x
William P. Fitzgerald x
Elizabeth G. Flemings x
Suzanne S. Frank x
Ione D. Garing x
Benjamin H. Golini x
William E. Maloney, Jr. x
Anthony L. Mancini x
A. Patricia McCabe x
James M. McLaughlin x
Richard A. Michelson x
Laura F. Nichols x
Susan G. Plumb x
Jack Sarmanian x
Anne R. Sci.gliano x
Richardson C. Smith x
Carolyn H. Tiffany x
Stanley E. Toye x
TOTALS 13 8 0 0
PRECINCT NINE
Alice J. Adler_ x
Kenneth O. Alves x
Gordon E. ! Barnes, Jr. x
Jacqueline P. Bateson x
Jane P. Buckley x
L. Gail Colwell x
Ronald W. Colwell x
Louis E. Conrad x
Margaret E. Coppe x
Anna P. Currin x
Neil Gray x
Deborah B. Green x
William P. Kennedy x
Eleanor H. Klauminzer x
Paul E. Mazerall x
Leo P. McSweeney x
(Adjourned Session of the 1984 Annual Town Meeting - April 9, 1984.) 1 , _
Article 16. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 16 (CONT.)
(Cont.)
PRECINCT NINE (CONT.) YES NO ABST AINED ABSENT
Janet Perry x
Richard M. Perry x
Susan J. Ricci x
James J. Scanlon x
Stanley S. Wallack x
TOTALS 16 4 0 1
TOAN MEETING MEMBE AT LARGE
Margery M. Battin x
Shepard Anthony Clough x
Norman P. Cohen x
Lincoln P. Cole, Jr. x
Stephen W. Doran x
John C. Eddison x
Paul W. Marshall x
Mary R. McDonough x
John F. McLaughlin x
Robert F. Sacco x
TOTALS 5 2 2 1
TOT TALLY OF ROLL CALL VOTE
PRE CINCT YES NO ABSTAINED ABSENT TOTALS
1 7 11 0 3 21
2 12 6 0 3 21
3 16 3 0 2 21
4 18 3 0 0 21
5 12 3 0 6 21
6 17 4 0 0 21
7 15 5 0 1 21
8 13 8 0 0 21
9 16 4 0 1 21
At Large 5 2 2 1 10
TOTALS 131 49 2 17 199
The Moderator declared that the main motion under Article 16 as
offered by Jacquelyn R. Smith was adopted. 11:11 P.M.
(See Pages 310 -312 for motion as adopted)
Richard A. Michelson served notice of reconsideration of Article 16.
11:12 P.M.
Patricia K. Hagedorn moved that this meeting be adjourned. 11:12 P.M.
The Moderator stated that the motion to reconsider Article 7 was postponed
to April 9, 1984 (see Page 291, April 4, 1984 session of this meeting) and
therefore some action had to be taken tonight.
Margery M. Battin urged passage of the motion to reconsider Article 7 and
against motion to adjourn. 11:12 P.M.
Mrs. Hagedorn withdrew her motion to adjourn and there were no objections
from the meeting. 11:14 P.M.
� ( Adjourned Session of the 1984 Annual Town Meeti - April
_ 9, 1984.)
Patricia K. Hagedorn moved that the motion to reconsider Article 7 be post-
poned to Wednesday next. 11:15 P.M.
Mrs. Hagedorn's motion was declared lost by voice vote. 11:16 P.M.
George A. Burnell stated that he had no objections to reconsidering Article
7 at this time. 11:17 P.M.
Motion to reconsider Article 7 (as offered by Margery M. Battin on April 4,
1984 - see page 291) was declared adopted by voice vote. 11:18 P.M.
Article 7. (See Page 291) CONVEY GARRITY HOUSE
Margery M. Battin moved that the motion made under this article be
amended as follows: that the words "not exceeding 99 years" be
inserted in part (b) after the phrase "to enter into a long -term
lease . . 11:18 P.M.
(Part (b) as amended would read as follows: "to enter into a long-
term lease not exceeding 99 years of a parcel of land in Buckman
Park on which the foregoing buildings are located containing
approximately 15,500 square feet; ")
11:18 P.M.
William J. Dailey, Jr. voiced the approval of the Appropriation
Committee. 11 :18 P.M.
John E. Downey, Jr. urged defeat of the amendment and also on the
main motion. 11 :19 P.M.
Mrs. Battin's motion to amend was declared adopted by voice vote.
11:20 P.M.
(Main motion, as amended, as adopted:
(As MOTION: That the Selectmen be and they hereby are authorized (a)
adopted) to enter into an agreement with Roger and Jane Trudeau for the
sale, with preservation restrictions, of the buildings known as the
Garrity House and the Carriage House located in Buckman Park to be
used for private residential use in consideration of $30,000 and on
such other terms as the Selectmen shall determine; (b) to enter into
(See a long term lease not exceeding 99 years of a parcel of land in
Chapter Buckman Park on which the foregoing buildings are located containing
149, approximately 15,500 square feet; (c) to grant or delegate adminis-
Acts of trative supervision under any such agreement and preservation
1984) restrictions to an individual or committee that they may choose,
including the Historic Districts Commission; and (d) to petition
the General Court for an act to permit such lease and conveyance.
Adopted by voice vote. 11:20 P.M.)
Patricia K. Hagedorn moved that this meeting be adjourned to Wednesday,
April 11, 1984 at 8 P.M. in Cary Memorial Hall. This motion was declared
adopted by voice vote. 11:20 P.M.
A true copy.
Attest:
t
Mary R. McDonough, Town Clerk
John T. Cunha, 17 Holland Street resigned as a Town Meeting Member from Precinct
2 effective April 11, 1984. As there is no defeated candidate available, there
will be a special election on April 25, 1984 at 8 P.M. in Estabrook Hall to fill
this vacancy from among the registered voters in Precinct 2.
(seepage 330)
M X Ix
ADJOURNED SESSI OF THE 1984 ANNUAL TOWN MEETING 323
HELD AP RIL 11, 1984
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8:02 P.M. in Cary Memorial Hall and immediately recessed subject to the call of
the Chair. The meeting was reconvened at 8 :05 P.M.
There were 175 Town Meeting Members present.
Invocation offered by Rev. Arthur H. Kolsti, Pastor of the Pilgrim
Congregational United Church of Christ. 8:07 P.M.
The Moderator called a formal recess at 8:08 P.M. and introduced the sixth
graders from Fiske School. These students, members of the Elementary School
Music and Drama Class performed "Joseph and His Amazing Technicolor Dreamcoat"
and were given a standing ovation at the conclusion. 8:20 P.M.
The meeting reconvened at 8:20 P.M.
Article 2. Ione D. Garing moved that the Report of the Cary Lecture Committee be
accepted and placed on file.
Adopted unanimously. 8.20 P.M.
Margery M. Battin, Chairman of the Board of Selectmen, stated that
in accordance with changes in regulations on General Revenue Sharing
the Selectmen and the Town Manager must conduct a budget hearing on
the use of Revenue Sharing funds prior to the vote on the budget.
This hearing will be held at 7:45 P.M. on Monday, April 30, in Cary
Hall. The purpose of this hearing is to provide interested persons
with an opportunity to suggest possible alternative uses of such
funds. 8:20 P.M.
Eric T. Clarke advised the meeting that if Article 24 is reached
tonight, he would move that it be tabled in order to give the pro-
ponents, Temple, Barker & Sloane, and the Planning Board additional
time. 8:21 P.M.
Arthur C. Smith voiced his displeasure with the cable Tv lights in
the balcony stating that they were bothersome to him and others. He
asked that the Moderator ask for the sense of the meeting on this
problem. The voice vote, as asked for by the Moderator, showed
that the meeting was almost evenly divided. Some did not seem to
care one way or the other. 8:23 P.M.
John F. McLaughlin said that the next meeting of the Franklin
School Conversion Committee would be held April 24, 1984 at
7:30 P.M. in Estabrook Hall and he extended an invitation to any
interested Town Meeting Member. 8:24 P.M.
Article 17. ZONING BY -LAW, HEIGHT
RESTRICTION, CB DISTRICT
Judith J. Uhrig moved that the Report of the Planning Board be
- accepted and placed on file.
(See Adopted unanimously. 8:25 P.M.
page
324 for Presented by Judith J. Uhrig.
motion as
adopted) MOTION: That the Zoning By -Law be amended as set forth in the
Warrant under Article 17.
8:25 P.M.
a. .
}(fig (Adjourned Session of the 1984 Annual Town Meeting - April 11, 1984.)
324
Article 17. (Article 17 as set forth in the Warrant:
To see if the Town will vote to amend the Zoning By -Law in Table 2,
Schedule of Dimensional Controls, under the column headed. CB so that
Table 2, as amended, will read:
Dis trict CB
Maximum height Stories 2
Schools, Hospitals
Public Buildings Feet 30
Maximum height Stories 2
Other B Feet 30
or to act in any other manner thereto.)
After Mrs. Uhrig made a short presentation, Richard A. Michelson
moved for indefinite postponement. This motion was declared lost
by voice vote. 8:30 P.M.
Voice vote on main motion was not unanimous, so a standing vote was
taken as follows:
Precinc In F avor Tellers Opposed
1 10 Nancy L. Barter 7
2 14 Karen A. Docks 3
3 14 Marian C. Reilly 0
4 12 Peter C. J. Kelley 1
5 13 Julie F. Triessl 1
6 18 John S. Willson 1
7 11 Winifred L. L. Friedman 3
8 12 Benj mnin H. Golini 3
9 12 L. Gail Colwell 2
At Large 15 Michael J. O'Sullivan 8
Totals 131 29
More than the required two - thirds having voted in favor, the main
motion presented by Mrs. Uh.rig was declared adopted.
8:35 P.M.
(Main motion presented by Mrs. Uhrig as adopted:
(As MOTION: To amend the Zoning By -Law in Table 2, Schedule of
adopted) Dimensional Controls, under the column headed CB so that Table 2,
as amended, will read:
(Approved
by Atty. Dis trict C B _
General, T
Sept. 18, Maximum height_ Stories 2
1984. Schools, Hospitals
Posted Publi Buil dings Feet 30
in Town ~~
Office Maximum height Stories 2
Building Other Buildings Feet 30
& nine
precincts Adopted. In Favor: 131 Opposed: 29 (See above)
on Sept. 8:35 P.M.
26, 1984)
The Moderator stated that Articles 8 and 11 would now be taken up together
but would be voted on separately. (See Pages 292 -294)
Article 8. Margery M. Battin read Article 8 as she had presented it at the
April 4, 1984 session of this meeting (see Page 292):
(See
Pgs• 327 MOTION: That the Selectmen be and they hereby are authorized to
& 328 for petition the General. Court for an act to amend Chapter 753 of the
adopted Acts of 1968 as amended, the Selectmen -Town Manager Act, in accord -
motion) ance with the "Proposed Amendments to Selectmen -Town Manager Act"
dated March 28, 1984 as amended dated April 3, 1984 as filed with
the Town Clerk. 8:37 P.M.
(Adjourned Session of the 198 Annual Town Meeting - April 11, 1984.)
Article 11. Margery M. Battin read Article 11 as she had presented it at the
April 4, 1984 session of this meeting (see Page 294):
MOTION: That Article XXIV of the General By -Laws of the Town of
Lexington be amended by adding a new Section 2 thereto as set forth
in the "Proposed Amendments To General By- Laws" dated March 29, 1984
as amended dated April 4, 1984 as filed with the Town Clerk and by
renumbering Section 2 and 3 thereof to 3 and 4 respectively.
8:37 P.M.
Articles 8 and 11 (Being discussed together, voted separately. See Page 292)
Mrs. Battin briefed the meeting on the amendments and added that
the Selectmen will oppose three proposals that she expects will be
brought up by Dan H. Fenn, Jr, and Homer Hagedorn. These two
gentlemen are members of the Selectmen -Town Manager Act Review
Committee. Said committee has made recommendations to the Selectmen
but are making further amendments. It is with further amendments
that the Selectmen do not agree with these committee members.
8:48 P.M.
Mary W. Miley, also a member of the Review Committee, urges support
of the Selectmen's amendments. 8:52 P.M.
Article 8. Dan H. Fenn, Jr, said that the Selectmen plan-to propose some six
changes in the Selectmen -.Town Manager Act. He added that these
changes are, in part, a response to the the Review Committee's
recommendations but that several of the recommendations are not
included . Therefore, Fenn presented the following amendments:
Section 2(b). The Selectmen shall appoint a town comptroller and
a town counsel. For the purpose of an an nual performanc appra isal,
the Selectmen shall solicit information describing the performance
of'these o fficials from the Tow Manager and from the Chairs of
the Boards, Co mmittees and Commi ssions served from time to ti by
these officials. - -� The Selectmen shall appoint a board of appeals, trustees of public
trusts.....
9:01 P.M.
Add at the end of Section 2(e) the following: In m aking appoint
ments to boards, committees or commissions or to the staffs of such
boards, committees and commission the Manager shall sol icit the
views of the chairs of such groups
9:02 P.M.
Add at the end of Section 9(c) the following: The Manager shall
annually obtain information des cribing the performance of emplo
of the Town assigned to citizen volunteer boards, committees an
commissions from the c hairs of such groups to use in m aking his
performance evaluations. '
9:04 P.M.
The Moderator stated that the amendments would be discussed together
but would be voted on separately. 9:05 P.M.
Mrs. Battin said that she felt that the amendment to Section 2(b)
should not be in the charter and added that the Selectmen take
strong exception to the amendment regarding citizen boards
and staff appointments. She said that the Lexington Selectmen -Town
Manager Act, as it now is in effect, serves as a model for other
towns going to Town Manager form of government. 9:13 P.M.
Robert M. Hutchinson, Jr., Town Manager, spoke highly of the Lexington
Act and admitted that it was one of the reasons for applying for the
Town Manager position here and not applying in another town in the
area because of the weakness of their Town Manager charter. He voiced
his opposition to Mr. Fenn's amendments. 9:15 P.M.
Frederick C. Frick, John J. McWeeney, John F. McLaughlin and Arthur C.
Smith (a member of the Review Committee) all voiced their opposition
to Mr. Fenn's amendments while Robert I. Rotberg supported the
amendments. 9:34 P.M.
32 6 (Adjou Session of the 1984 Annual Town Meeting - April 11, 1984.)
Articles 8 and 11 (Being discussed together, voted separately (See Page 292)
(Cont.)
Article 8. Before taking the vote on Mr. Fenri',s amendments, the Moderator
reads each of them again. 9:34 P.M.
Mr. Fenn's amendment #1 (Sec. 2(b).) Lost by voice vote. 9:35 P.M.
Mr. Fenn's amendment #2 (Sec. 2(e).) Lost by voice vote. 9:35 P.M.
Mr. Fenn's amendment 43 (Sec. 9(c).) Lost by voice vote. 9:35 P.M.
Mr. Fenn moved to amend by adding at the end of Section 9(b) the
following: e xc ep t_ that the Town Manager may not consolidate with one
another offices, or departments of those officials na med i n Section
2(e), nor abolish their offices, nor cause any of the officials
named in Section 2(e) to report to h im o than directly, without
the ap proval of the Selectme and the town meeting.
9:38 P.M.
Homer Hagedorn, Chairman of the Selectman -Town Manager Act Review
Committee was recognized and he summarized the work of the committee
and urged support of Mr. Fenn's amendment. 9:47 P.M.
Mrs. Battin shares with other members of the Board of Selectmen and
Personnel Advisory Committee the feeling that this proposal interjects
town meeting into the process. She read a letter from the Per.sonnal
Advisory Committee unanimously opposing this amendment.
9:51 P.M.
Mr. Fenn's amendment #4 (Sec. 9(b).) Lost by voice vote. 9:56 P.M.
Robert I. Rotberg moved that i_n Section 5, restore the original
words "in government" after_ "administrative position ".
9:57 P.M.
Mr. Rotberg's motion to amend was declared lost by voice vote.
10:02 P.M.
Margaret F. Rawls moved that the proposed Section 13 be amended by
inserting in the third sentence after the words, "to each member of
the board of selectmen" the words, "and to the..appropriation
committee and, for its information, to the capital expenditures
;committee" -- so that the sentence will read, "The Town Manager shall
submit to each member of the board of selectmen and to the appropria-
tion committee and, for its information, to the capital expenditures
committee in writing an annual budget - - - .
10 :04 P.M.
Mrs. Rawls motion to amend was declared adopted by voice vote.
10:07 P.M.
Frank Sandy questions the last paragraph of the Article 11 amend-
ments and requests that the last paragraph be voted on separately.
10:11 P.M.
Norman P. Cohen, Town Counsel, advised the meeting that the mailing
of the warrant would remain the same. This last paragraph, put in
at the request of the former Town Meeting Members Association
Chairman, would be for Town Meeting Members. 10:13 P.M.
Frank Sandy withdrew his request that the last paragraph be voted
on separately. 10:13 P.M.
Article 11. Karsten Sorensen moved that the motion under Article 11 be
amended by deleting the paragraph starting "A copy of the warrant
containing articles and ending "for holding such meeting."
10:25 P.M.
Mr. Sorensen later withdrew this motion. (See Page 329.)
(Adjourned Session of the 1984 Annual Town Meeting - Ap ril 11 1984.)
327
Articles 8 and 11 (Being discussed together, voted separately. (See Page 292)
(Cont.)
Article 8. Margery M. Battin stated that she hoped that Article 8 would be
adopted and that Article 11 be referred back to the Selectmen.
Throughout the discussion, it was emphasized by many, the excellent
performance of our present Town Manager, Robert M„ Hutchinson, Jr.
Main motion under Article 8 as presented by Mrs. Battin and amended
by Mrs. Rawls was declared adopted by voice vote. 10:36 P.M.
(Main motion as presented by Mrs. Battin under Article 8 and
amended by Mrs. Rawls adopted as follows: (See vote above)
MOTION: That the Selectmen be and they hereby are authorized to peti-
tion the General Court for an act to amend Chapter 753 of the Acts of
(As 1968 as amended, the Selectmen -Town Manager Act, in accordance with
adopted) the "Proposed Amendments to Selectmen -Town Manager Act" dated March
28, 1984 as amended dated April 3, 1984 as filed with the Town Clerk.
Section 2(e). The town manager shall appoint a town clerk, a town
(See treasurer, a tax collector, a permanent building committee, a recreation
Chapter committee, a board of assessors, constables, a chief of police, a fire
120, chief, a director of civil defense, a planning director, with the
Acts of approval of the planning board, a director of public works, a building
1985.) commissioner, a cemetery superintendent and, except as provided in sub-
paragraphs (a), (b), (c) and (d), all other officers, boards, commit-
tees, commissions and employees of the town with the exception of the
elected officials specified in section one and secretarial assistants
to the selectmen, employees of the school department and the housing
authority and professional and semiprofessional employees of the library.
Section 3. Memberships, Terms, Powers, Duties and Responsibilities. --
The number of members of boards, committees and commissions appointed
as provided in the preceding section, the length of the term of each
member thereof and of officials and employees so appointed, and the
powers, duties and responsibilities of the same shall be as now or
hereafter provided by any applicable law, by -law or vote of the town
except as herein otherwise provided. The board of fire commissioners
shall. be abolished, and its powers, duties and responsibilities shall
be assumed by and devolve upon the fire chief, except those which are
herein conferred upon the town manager. . . .
Section 5. Appointment of a Town Manager.- -The selectmen shall appoint,
as soon as practicable, for a term not to exceed three years, a town
manager, who shall be a professionally qualified person of proven
ability who has had substantial involvement with municipal government
and is appropriately fitted by education, training, and by previous
full -time paid experience in a responsible administrative position to
perform the duties of the office. . The town manager shall not
hold any elective office nor engage in any other business or occupa-
tion during his term except for part -time consultative or teaching
duties, directly related to the profession of municipal management
and with the specific consent of the selectmen.
Section 7. Removal of the Manager.- -The selectmen may remove the town
manager by an affirmative vote of at least a majority of the full
membership of the board. At least thirty days before such proposed
removal shall become effective, the selectmen shall file a preliminary
resolution with the town clerk setting forth in detail the specific
reasons for his proposed removal. The town clerk shall forthwith
deliver a copy of such resolution to the town,manager or mail the
same to him by registered mail at his last known address. The manager
may file with the selectmen, within seven days after receipt of such
copy, a written request for a public hearing as to the reasons for his
removal. If the manager so requests, the board of selectmen shall
hold a public hearing not earlier than ten days nor later than twenty
days after the filing of such request. . . .
(Adjourned Session of the 1984 Annual To wn Meeting - April 11, 1984.)
328
Articles 8 and 11 (Being discussed together, voted separately. (See Page 292)
(Cont.)
Article 8. (Main motion as presented by Mrs. Batti.n under Article 8 and amended
(Cont.) by Mrs. Rawls adopted as follows: (Cont.)
Section 12. Estimate of Capital Expenditures. - -All boards,
departments, committees, commissions and officers of the town
shall annually, at the request of the town manager., submit to him
and to the capital expenditures committee in writing a detailed
estimate of the capital expenditures as defined by by -law
required for the efficient and proper conduct of their respective
departments and offices for the next fiscal year and the ensuing
four year period. The town manager shall submit in writing to
the board of selectmen and to the capital expenditures committee a
careful, detailed estimate of the recommended capital expenditures
for the aforesaid periods, showing specifically the amount
(As necessary to be provided for each office, department and activity
adopted) and a statement of the amounts required to meet the interest and
maturing bonds and notes or other indebtedness of the town. The
selectmen shall consider the capital budget submitted by the town
manager and make such recommendations relative thereto as they
deem appropriate and proper in the interest of the town. The
selectmen shall transmit a copy of the capital budget together
with their recommendations relative thereto to the appropriation
committee and to the capital expenditures committee.
The calendar dates on or before which capital expenditure
estimates and the capital budget are to be submitted and trans-
mitted shall be specified by by -law.
Section 13. Estimate of Annual Expenditures. - -All boards,
departments, committees, commissions and officers of the town,
except the school committee, shall annually, at the request of the
town manager, submit to him in writing a detailed estimate of the
appropriations required for the efficient and proper conduct of
their respective departments and offices during the next fiscal
year. The school committee shall submit to the manager, at his
request, a total budget estimate for the next fiscal year. The
town manager shall submit to each member of the board of selectmen
and to the appropriation committee and, for its information, to
the capital expenditures committee in writing an annual budget,
which shall'contain a careful, detailed estimate of the probable
expenditures of the town for the ensuing fiscal year, including a
statement of the amounts required to meet the interest and maturing
bonds and notes or other indebtedness of the town, and showing
specifically the amount necessary to be provided for each office,
department and activity, together with a statement of the expendi-
tures for the same purposes in the two preceding years and an
estimate of expenditures for the current year. He shall also
submit a statement showing all revenues received by the town in
the two preceding years, together with an estimate of the receipts
of the current year and an estimate of the amount of income from
all sources of revenue exclusive of taxes upon property in the
ensuing year. He shall also report to the selectmen the probable
amount required to be levied and raised by taxation to defray all
of the proposed expenditures and liabilities of the town, to-
gether with an estimate of the tax rate necessary therefor.
The selectmen shall consider_ the proposed budget submitted by
the town manager and make such recommendations relative thereto
as they deem expedient and . proper in the interest of the town.
The selectmen shall transmit a copy of the budget together with
their recommendations relative thereto to the appropriation
committee and, for its information, a copy to the capital expendi-
tures committee.
The calendar dates on or before which the budget, revenue
statement and tax rate estimate are to be submitted and trans-
mitted shall be specified by by -law.
Adopted by voice vote. 10:36 P.M.)
(Adjourned Session of the 1984 Annual Town Meeting - April 11, 1984.)
Articles 8 and 11 (Being discussed together, voted separately. (See Page 292)
(Cont.)
Article 11. Karsten Sorensen withdrew his motion to amend Article 11.
(Cont.) (See Page 326.) There were no objections from the meeting.
10:38 P.M.
(See Mr. Sorensen then spoke in opposition to Article 11.
Page 10:39 P.M.
294 for
motion Paul E. Hamburger recommended that we refer Article 11 back to
presented the Board of Selectmen. 10:40 P.M.
under
Article Margery M. Battin said that the Selectmen would welcome referral
11.) of Article 11 and have heard all of the concerns regarding the
mailing of the warrant. 10:40 P.M.
William T. Spencer moved that Article 11 be referred to the
Selectmen for reconsideration to be returned at this or a
(Motion future town meeting. 10:41 P.M.
to refer
Art. 11 Ronald Levy brought up the idea of changing the date of the
to Select- annual town election - having it at a later date.
men 10:43 P.M.
adopted.)
Mr. Spencer's motion that Article 11 be referred to the Selectmen
for reconsideration to be returned at this or a future town
meeting was adopted unanimously. 10:43 P.M.
Frank Sandy served notice of reconsideration of Article 8. 10:44 P.M.
Margery M. Battin moved that this meeting be adjourned to Wednesday, April 25,
1984 at 8 P.M. in Cary Memorial Hall. This motion was adopted by voice vote.
10:45 P.M.
A true copy.
Attest:
A r
Mary R. McDonough, Town Clerk
u
30
SPECI ELECTION TOWN ME ETING M EMBERS - PRECINCT TWO
APRIL 25, 1984
A vacancy existed in the membership of Precinct Two Town Meeting Members
due to the resignation of John T. Cunha, 17 Holland Street on April 11, 1984.
Therefore, a special election for Town Meeting Members of Precinct Two only
was held candidate available, it was necessary for the existing members to
elect a member from among the registered voters of Precinct Two.
There were 18 Town Meeting Members from Precinct Two present.
Chairman of the meeting: Barry H. Marshall
Clerk of the meeting: Karen A. Docks
The following nominations were made from the floor:
Barry H. Marshall nominated: Joan M. Wall
8 Taft Avenue
Christina J. Welch nominated: Vicky L. Schwartz
11 Aerial Street
George S. Silverman nominated: John R. Holt
736 Massachusetts Avenue
Voting was by secret ballot with the following results:
Joan M. Wall 6
Vicky L. Schwartz 10
John R. Holt 2
18
Vicky L. Schwartz, 11 Aerial Street was duly elected as a. Town Meeting
Member in Precinct Two for a term ending in March 1985.
/Signed/ Barry H. Marshall, Chairman
/Signed/ Karen A. Docks, Clerk
April 25, 1984
I hereby accept a Town Meeting Member position in the Town Meeting
Membership of Precinct Two for a term ending in March 1985.
/Signed/ Vicky L. Schwartz
11 Aerial Street
ADJOURNED SESSION OF THE 1984 ANNUAL TOWN MEETING
APRIL 25, 1984
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 167 Town Meeting Members present.
The invocation was offered by Rev. Walter H. Cuenin, Associate Pastor of the
Sacred Heart Church and President of the Lexington Clergy. 8:08 P.M.
The Moderator declared a formal recess at 8:09 P.M.
The "Spirit of `76" marched through the meeting to the accompaniment of the
fife and drum. As they left the hall, Selectman Robert F. Sacco introduced
Sharon and Jim Hayes, sister and brother winners of the 1984 Youth Recognition
Award. 8:12 P.M.
Bennett E. Sharples, King Lion of the Lions Club, was then recognized and he
explained that due to the rain on Patriots Day the annual White Tricorne Hat
Award had been postponed to this evening. He then presented the White Tricorne
Hat to S. Lawrence Whipple and, after reading the list of the past recipients,
Mr_ Whipple voiced his appreciation and thanks for the award.
A standing ovation was given to all of the above. 8:20 P.M.
The Moderator called the meeting back into session at 8:20 P.M.
The Moderator reminded the meeting that Article 2 was still open and would
remain open throughout the meeting. He asked if there were any reports to be
presented under Article 2 at this time but there were none. 8:20 P.M.
Article 18. ZONING BY -LAW, CR DISTRICT
FLOOR AREA RATIO
Jacquelyn R. Smith moved that the Planning Board Report on Article
18 be accepted and placed on file.
Adopted unanimously. 8:20 P.M.
Jacquelyn R. Smith presented the following motion under Article 18:
(As Mdl'ION: That the Zoning By -Law be amended in TABLE 2, SCHEDULE OF
adopted) DIMENSIONAL CONTROLS under the column headed CR on the line that
reads "Maximum Floor Area Ratio (F.A.R.) by inserting the number
"0.25 8 :21 P.M.
(Approved After Mrs. Smith gave an explanation of the motion, Town Meeting
by Atty. Member Jacqueline B_ Davison, representing South Lexington, gave a
General, brief history of the zoning changes in the area. 8:37 P.M.
Sept. 18,
1984. The following residents of the South Lexington area spoke in favor
Posted of the motion: Jonathan Rawle, Malcolm Kasparian (a member of the
in Town Steering Committee of the South Lexington Association), James
Office Lambie, Louise Kava and Sara Chase. 9:04 P.M.
Building
& nine At the request of Anthony L. Mancini, O, M. Favorite, Counsel and
precincts Assistant Secretary, W. R. Grace and Company, was recognized and
on Sept. spoke in opposition. He recommended that the motion be amended to
26, 1984) 0.35 and hoped that an amended motion would be presented to town
meeting. 9:14 P.M.
Irwin Barkan, a partner in The Beal Companies, spoke in opposition,
hoping that there could be a compromise. 9 :20 P.M.
Adjourned Session of the 1984 Annual Meeting - Apr
6 (Adjourned it 25, 1984.)
Article 18. Anthony L. Mancini moved to amend:
(Cont.)
In TABLE 2, SCHEDULE OF DIMENSIONAL CONTROLS, by: 1) adding a
new line between the line which begins Minimum % Open Area and the
line that begins Maximum height, as follows: under the column
headed District, the words "maximum Floor Area Ratio (FAR),"
under the column headed CR " 0.35 " and under all other columns
for the several zoning districts, the designation "NR"
9:23 P.M.
(Mr. Mancini changed the wording of his amendment. See below)
In response to statements that had been made, Frank Sandy, as
an employee of Raytheon Company, stated that Raytheon did have
plans to expand in the future. 9:31 P.M.
William J. Dailey, Jr., Chairman of the Appropriation, said
that the inconveniences must be weighed against the gain in
receipts. 9:34 P.M.
John C. Eddison stated that he and Margery M. Battin, both
members of the Board of Selectmen, were against the amendment
and in favor of the original motion of the Planning Board.
9:37 P.M.
Peter Lundquist, head of the Honeywell operation here in Lexington,
spoke in opposition to the main motion. 9:40 P.M.
William W. Welch, Jr. moved to amend Mr. Mancini's motion by
deleting 0.35 and substituting therefor the figure 0.30.
9:40 P.M.
Mr. Mancini, with the approval of the meeting, changed the
wording of his motion to amend (see above) so that it now reads:
MOTION: That the number "0.25" be amended to read "0.35 ".
9:42 P.M.
Dan H. Fenn., Jr., Jack Sarmanian, Selectman John F. McLaughlin and
Robert I. Rotberg spoke against the two amendments and in favor of
the main motion. 9:55 P.M.
Daniel L. McCabe, Chairman of the Capital Expenditures Committee,
said that the committee did not think that 0.30 was a good compromise
but that 0.35 was. 9:55 P.M.
Mr. Welch's amendment was declared lost by voice vote. 9:56 P.M.
Mr. Mancini's amendment was declared lost by voice vote. 9:57 P.M.
Richard A. Michelson asked that a roll call vote be taken on the
main motion. The Moderator asked for a standing vote of those who
wished to have the vote on Article 18 be taken by roll call.
Pre cinct In Favor Te llers
1 7 Nancy L. Barter
2 3 Karen A. Docks
3 2 Marian C. Reilly
4 0 Peter C. J. Kelley
5 2 Julie F. Triessl
6 4 Judith.B:. Marshall
7 0 Winifred L. L. Friedman
8 4 Benjamin H. Golini
9 8 L. Gail Colwell
At Large 14 Michael J. O'Sullivan
'Total 44
Less than the required 50 members having voted in favor, the vote
on the main motion under Article 18 was not taken by roll call.
10 P.M.
(Adjo urned Session of the 1984 Annual Town Meeting —April 25, 1984.) w4.
Article 18. Margery M. Battin stated that a majority of the Board of Selectmen
(Cont.) supported the Planning Board's proposal. 10 P.M.
Voice vote on the main motion, as presented by Mrs. Smith, was not
unanimous, so the Moderator called for a standing vote as follows:
Precinct In Favor Tellers Oppose
1 8 Nancy L. Barter 6
2 14 Karen A. Docks 4
3 15 Marian C. Reilly 2
4 11 Peter C. J. Kelley 1
5 11 Julie F. Triessl 2
6 15 Judith B. Marshall 2
7 13 Winifred L_ L. Friedman 1
8 9 Benjamin H. Golini 4
9 14 L. Gail Colwell 2
At Large 11 Michael J. O'Sullivan 13
Totals 121 37
More than the required two- thirds having voted in favor, the main
motion as presented by Mrs. Smith (see page 331) was adopted.
10:03 P.M.
James M. McLaughlin served notice of reconsideration of Article 18.
10:03 P.M.
Article 19. ZONING BY -LAW, SPECIAL PERMITS,
TRAFFIC CONSIDERATIONS
Judith J. Uhrig moved that the Planning Board Report on Article 19
be accepted and placed on file.
Adopted unanimously. 10 :04 P.M.
Presented by Judith J. Uhrig.
MOTION: That the Zoning By -Law be amended as set forth in the
motion attached to the Planning Board's report under Article 19.
10:05 P.M.
(Motion under Article 19 as attached to the Planning Board's
report:
(AS MOTION: That the Zoning By -Law be amended as follows:
adopted)
In Section 3.4 SPECIAL PERMITS WITH SITE PLAN REVIEW (SPS):
(Approved 1) in the second sentence by deleting the words, "10) effects of
by Atty. traffic created by the development on adjacent streets,..." and
General, substituting in place thereof the words, "10) the effects of
Sept. 18, additional traffic created by the development on intersections and
1984. streets likely to be affected by the proposed development,..." and
Posted
in Town 2) deleting the third sentence in its entirety and by substituting
Office in place thereof the following as a new paragraph:
Building
& nine "In making a finding and determination, the SPCA shall consider
precincts at least: 1) existing traffic conditions, 2) the effects of
on Sept. traffic from other proposed developments which have already
26, 1984) been approved in part or in whole by the Town, and 3) the
effects of traffic from the proposed development on the inter-
sections and streets likely to be affected by the proposed
development; and prior to granting an SPS, the SPGA shall make
a finding that the traffic carrying capacity of the intersections
and streets likely to be affected by the development is adequate,
according to accepted traffic engineering criteria for "level of
service," to handle the existing and projected traffic. ")
33 4 (Adjourned Session of the 1984 Annual Town Meeting - April 25, 1984.)
Article 19. Voice vote on main motion was not unanimous, so a standing vote was
(Cent.) taken as follows:
Precin In Favor Te llers Opposed
1 6 Nancy L. Barter 4
2 13 Karen A. Docks 2
3 14 Marian C. Reilly 0
4 9 Peter C. J. Kelley 0
5 13 Julie F. Triessl 1
6 16 Judith B. Marshall 0
7 12 Winifred L. L. Friedman 0
8 10 Benjamin H. Golini 0
9 14 Ronald W. Colwell 1
At Large 17 Michael J. O'Sullivan 2
Totals 124 10
More than the required two - thirds having voted in favor, the main
motion was adopted. 10:08 P.M.
Article 20. ZONING BY -LAW, LOT FRONTAGE,
LOT WIDTH
Elizabeth G. Flemings moved that the report of the Planning Board
on Article 20 be accepted and placed on file.
Adopted unanimously. 10:08 P.M.
Presented by Elizabeth G. Flemings.
MOTION: That the Zoning By -Law be amended as set forth in the
motion attached to the Planning Board's report under Article 20.
(See 10:09 P.M.
Page
358 (Motion under Article 20 as set forth in the motion attached to the
for Planning Board's report under Article 20:
adopted
motion.) MOTION: That the Zoning By -Law be amended as follows:
a. In Section 2, Definitions, in the definition FRONTAGE, LOT,
by deleting the first sentence and inserting in place thereof
the following:
"The continuous portion of the line separating a lot from a
street to which the owner of the lot has a legal right of
access"
and in the definition FRONTAGE, STREET, by deleting the first
sentence and inserting in place thereof the following:
"A street to which the owner of the lot has a legal right of
access and which provides the required lot frontage."
b. In Section 7. Dimensional Controls in sub - section 7.2 by:
1) adding the words ", MINIMUM LOT WIDTH" at the end of the
sub- title; 2) inserting the number "7.2.1" in front of the
paragraph that begins "NO lot upon which... "; 3) adding a new
sub - paragraph 7.2.2, as follows:
"7.2.2 No new principal structure shall be erected on any part
of a lot which does not have an area in which a circle, the
diameter of which is not less than 80 per cent of the minimum -
lot frontage, tangent to the lot frontage and within all other
lot lines, may be located. In the case of a lot that qualifies
under sub- section 7.4.1, the diameter of the circle shall be
not less than 80 percent of the actual lot frontage. ")
Patricia K. Hagedorn voiced concern about the legality of a new
house under construction that has frontage on Marrett Road but
access, because of safety conditions, will be from Paddock Lane.
10:17 P.M.
(Adjourned Session of the 1984 Annual Town Meeting - April 2 5, ].984.)
Article 20. In response to questions raised by Jacquelyn H. Ward, Town Counsel
(Cont.) Norman P. Cohen answered that there is no provision in the law to
reimburse owners of illegal lots for back taxes. As far as taking
the lots off the tax rolls, he said that the Assessors value the
land each year and it would be up to them to put the proper value on
the land in question. 10:22 P.M.
Francis W. K. Smith brought up the question of grandfathering the
lots and Jacquelyn R. Smith said that if they existed when the
by -law is adopted that they would be grandfathered. 10:23 P.M.
Mrs. Flemings answered Margaret F. Rawls that the Planning Board
had no idea how many lots would be affected. 10:25 P.M.
The Moderator declared a recess, subject to the call of the Chair.
10:25 P.M.
The Moderator called the meeting to order again at 10:28 P.M.
(Referral Frank Sandy moved to refer Article 20 to the Planning Board with
motion) instructions to clarify their intent, and the wording with regard
to grandfathering of existing lots and to report back to a future
session of this town meeting.
10:28 P.M.
Richard A. Michelson urged town meeting not to refer the motion but
to defeat the original motion. 10:30 P.M.
Mr. Sandy's motion to refer Article 20 to the Planning Board was
declared adopted by voice vote. 10 :30 P.M. (See Page 358)
Margery M. Battin moved that this meeting be adjourned to Monday, April 30,
1984 at 8 P.M. in Cary Memorial Hall. This motion was adopted by voice vote.
10:30 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
,. _., -.
d' 4 m ,
R 3 6'- ADJOURNE S ESSION OF THE 1984 AN TO MEETI
APRIL 30, 1984
The meeting was called to order by 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 177 Town Meeting Members present.
Invocation given by Rev. Brian S. Dixon, Pastor of the First Baptist Church.
8 :09 P.M.
The Moderator reminded the meeting that Article 2 was open and would remain
open throughout the meeting. He asked if there were any reports to be filed
under Article 2 at this time and the following reports were filed.
Article 2. Jean Gaudet moved that the Lexington Housing Assistance Board
(LexHAB) Report be accepted and placed on file.
Adopted unanimously. 8:10 P.M.
Margery M. Battin moved that the Board of Selectmen Report on the
Fair Housing Resolution adopted by the 1981 Town Meeting be
accepted and placed on file.
Adopted unanimously. 8 :10 P.M.
At the request of Selectman Margery M. Battin, Robert M. Hutchinson,
Jr., Town Manager, was recognized and he gave a brief overview of the
financial situation of the town,where he thinks we are relative to
the tax rate.
He listed Budget Assumptions as follows:
1. Compliance with 2 1/2 levy limit
2. Maintenance of essential services
3. Commitment to fiscal planning:
i.e., Pension Funding /Free Cash position
4. State Aid - Plus $158,000
5. Commitment to productivity improvement
6. Adoption of a sewer use charge
7. Taxable list - $1,309,456,100
8. Expanded capital program
9. Controlled collective bargaining settlements
Mr. Hutchinson went through the FY 85 Levy Limit under Prop 2 1/2,
Fiscal Year 1985 Budget and Tax Rate Estimate and Amounts Appropriated
and Requested explaining where there are increases and decreases.
He estimated a tax rate of $20.38 for residential and $29.79 for
commercial. 8:23 P.M.
William J. Dailey, Jr. moved that the Report of the Appropriation
Committee be accepted and placed on file.
Adopted unanimously. 8:23 P.M.
Mr. Dailey explained that his committee has asked that the conserva-
tion article (Article 59) be brought up first, before the other
financial articles, because it will have an impact on those other
articles. He urged restraint on some of the articles. 8:28 P.M.
(Adjourned Session of the 1984 Annual Town Meeting - April 30, 1984.) ®hms
Article 2. Daniel L. McCabe moved that the Report of the Capital Expenditures
(Cont.) Committee be accepted and placed on file.
Adopted unanimously. 8:28 P.M.
Francis W. K. Smith moved that Article 59 be taken up out of order at this
time.
Adopted by voice vote. 8:29 P.M.
Moderator Cole informed the meeting that he would not moderate, take part in
the discussion or vote on Article 59. He turned the meeting over to Town
Counsel, Norman P. Cohen who moderated the meeting throughout the final count
on Article 59. 8:29 P.M.
Article 59. CONSERVATION LAND PURCHASE
Presented by Francis W. K. Smith.
MOTION: (a) That the Conservation Commission be authorized to
purchase or otherwise acquire, and the Selectmen be authorized to
(Not take by eminent domain, upon the written request of the Conserva-
adopted. tion Commission, for conservation purposes including outdoor rec-
reation as provided by Section 8C of Chapter 40 of the General Laws,
Also, any fee, easement or conservation restriction as defined in Section
See 31 of Chapter 184 of the General Laws or other interest in all or
Pages any part of the land shown as Lots 63, 64 and 68 on Assessors' Property
374- Map 66, now or formerly of Pine Meadows Country Club, Inc.; that the
380.) sum of $1,850,000 be appropriated for such land acquisition and that
to raise such amount the Treasurer with the approval of the Selectmen
be authorized to borrow $1,850,000 under G.L. c.44 s.7;
(b) That the Selectmen be and they hereby are authorized to lease
said Lot 63, a portion of Lot 64 and any contiguous land necessary
for the operation of a golf course, in order to continue the use of
the land as a golf course, for a period of fifty years and on such
other terms as the Selectmen may determine;
(c) That the Selectmen be and they hereby are authorized to
petition the General Court for an act to permit the Town to finance
and carry out this project.
8:30 P.M.
Mr. Smith listed: lst parcel: Bates Road to Route #128.
2nd parcel: End of Cedar Street to Route #128.
3rd parcel: End of Cedar Street
John C. Eddison informed the meeting that a majority of the Board of
Selectmen enthusiastically supported this article. He said that it
was an investment for the future•.of Lexington; traffic congestion
will be reduced; it will be the last chance to buy open land in
Lexington; it is not cheap but the figure is less than the owners
could get from a developer. The Selectmen, majority thereof, feel
that it should be financed through bonding and they have considered
a five, ten and twenty year bond issue and have compromised on a
ten year issue. Mr. Eddison, with the aid of a slide, spoke of the
alternative costs of $1,850,000 Bond Issue using Discount Rates 0,
5%, 10% Year. He urged support of Article 59. 8:50 P.M.
Judith J. Uhrig voiced the unanimous support of the Planning Board.
8:52 P.M.
Selectman John F. McLaughlin spoke in opposition. He stated that
this is open, protected wetlands and only one house could be built
on this land. Half of the land will not be developed even if the
town does not buy it. 9:03 P.M.
33S (,l
S (Adjourned Session of the 1984 Annual Town Meeting April 30, 1984.)
Article 59. Paul W. Marshall moved to amend:
(Cont.)
MOTION: Delete "64" in paragraph (a) of the motion and add a
new clause after the word "Inc." as follows:
that the town acquire Lot 64 on Assessors' Property Map 66
for general town purposes including recreation, road and housing
purposes. 9:03 P.M.
Mr.. Marshall explained that this would allow 6.3 acres of land
at the top of Cedar Street to be available for housing.
9:05 P.M.
Francis W. K. Smith stated that the Conservation Commission
supported Mr. Marshall's amendment. 9:06 P.M.
At the request of Gloria V. Holland, John W. Andrews, a
resident at 22 Kendall Road and President of Citizens for
Lexington Conservation, spoke in favor of the article.
9:12 P.M.
John C. Eddison said that a majority of the Board of Selectmen
supported the Marshall amendment. Also voicing support was
John J. McWeeney,;_ Judith J. Uhrig for the Planning Board
and James M. McLaughlin for the Lexington Housing Authority.
9:15 P.M.
Benjamin H. Golini spoke in opposition.
Mr. Marshall's motion to amend was declared adopted by voice
vote. 9:20 P.M.
Paul Newman said that the School Committee, although they had
no opinion on the merits of the land purchase, unanimously voted
that if the purchase is made, it should be paid for outside of
the the Proposition 2 1/2 limitations. There should be a
referendum to override Prop 2 1/2. Their concern is that if
this isn't done that there would be drastic cuts in the school
budget. 9:30 P.M.
(See below)
Article 2. Daniel L. McCabe stated that the Capital Expenditures Committee
were now changing their recommendation on Article 59 and were
recommending unfavorable action. 9:33 P.M.
Article 59. William J. Dailey, Jr., Chairman of the Appropriation Committee,
(Cont.) moved:
That the words in paragraph (a) the Treasurer with the approval
of the Selectmen be authorized to borrow $1,850,000 under General
Laws Ch. 44, Section 7 be stricken and in place thereof the
following substituted:
$350,000 be raised in the tax levy and the Treasurer with the
approval of the Selectmen be authorized to borrow $1,500,000
under GL Ch. 44, Section 7.
9:34 P.M.
Mr. Dailey said that his committee recommended the purchase but
feel that it should be paid sooner than the Selectmen wish it to
be paid. This is not the type of purchase that should be paid
for in more than five years. He added that a majority of the -
Appropriation Committee supported the purchase but only if the
bonding is for five years. 9:40 P.M.
Mr. Eddison said that if the $350,000 was paid up front, that it
would be made up of cuts in other parts of the budget and therefore
the Selectmen unanimously opposed th.i_s amendment.
9:42 P.M.
(Adjourned Session of the 1984 Annual Town Meeting - April 30, 1984.) 3,3 9
Article 59. Nyles Nathan Barnert, Appropriation Committee member, urged
(Cont.) support Mr. Dailey's amendment. 9:47 P.M.
Paul W. Marshall spoke against the amendment and in favor of the
main motion. 9:50 P.M.
Mr. Dailey's motion to amend was declared lost by voice vote,
9:50 P.M.
Linda Conrad, a resident at 176 Cedar Street, spoke from the balcony
in favor of the purchase of this land. 9:52 P.M,
Carolyn C. Wilson voiced the unanimous support of the Recreation
Committee on Article 59. 9:52 P.M.
Patricia A. Swanson, a member of the School Committee, said that
if the article is adopted that at sometime we will have to override
Prop 2 1/2 or cut essential services in the town. 9:55 P.M.
Francis W. K. Smith stated that the land is 40% wetland and that the
18 hole golf course is out of the question, 9:58 P.M.
John W. Maloney spoke against the article and added that the land
should remain on the tax rolls. 9:59 P.M.
Marian C. Reilly, bringing up the Potter Pond development in her
area, urged support of the motion. 10 P.M.
Donald B. White, saying that there are many people in town who
cannot afford extra taxes, spoke in opposition. 10:02 P.M.
Ephraim Weiss supported the purchase,as did Paul E. Hamburger.
10:15 P.M.
Sheila Busa- Tassone asked that the vote be taken by roll call. The
Moderator Pro -tem asked that those in favor of a roll call vote to
stand with the following result:
Precinct In Favor T ellers
1 13 Nancy L. Barter
2 4 Karen A. Docks
3 3 Marian C. Reilly
4 0 Peter C. J. Kelley
5 2 Julie F. Triessl
6 0 John S. Willson
7 2 Graydon M Wheaton
8 9 Benjamin H. Golini
9 3 L. Gail Colwell
At Large 1.3 Michael J. O'Sullivan
Total 49
Less than the required fifty members having voted in favor, the
vote will not be taken by roll call. 10:17 P.M.
James J. McLaughlin moved the previous question which was declared
adopted by voice vote. 10:18 P.M.
Voice vote on the main motion, as amended, was not unanimous so a
standing vote was taken as follows:
Precin In Favor Tellers Opposed
1 7 Nancy L. Barter 10
2 13 Karen A. Dooks 5
3 11 Marian C. Reilly 4
4 12 Peter C. J. Kelley 1
5 11 Julie F. Triessl 3
6 1'3 John S. Willson 5
4 0 fAdio Session of t he 1984 Annual 'L Meeting - April 3 1984.)
Article 59. Standing vote on main motion, as amended (Cont.)
(Cont.)
Precin In F avor Tellers Op posed
7 11 Graydon.M. Wheaton 4
8 15 Benjamin H. Golini 2
9 11 L. Gail Colwell 7
At Large 9 Michael J. O'Sullivan 16
Totals 113 57
Less than the required two - thirds having voted in favor, the
motion as presented by Mr. Smith and amended by Mr. Marshall
was declared lost. 10:23 P.M.
Frank Sandy served notice of reconsideration of Article 59. 10:23 P.M.
(See Pages 374 -380.)
Margery M. Battin moved that this meeting be adjourned to Wednesday, May 2,
1984 at 8 P.M. in Cary Memorial Hall.
Adopted by voice vote. 10:24 P.M.
A true copy.
Attest:
d
Mary R. McDonough, Town Clerk
34 t
ADJOU SESSI OF THE 1984 ANNUAL TO WN MEETING
MAY 2, 1984
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 8:12 P.M.
There were 172 Town Meeting Members present.
Invocation presented by Rev. Helen L. Cohen, Minister of the First Parish
Church Unitarian. 8:14 P.M.
The Moderator stated that the meeting was now open on Article 21.
Jacquelyn R. Smith moved that Articles 21, 22, 23 and 24 be postponed to
Monday next - May 7, 1984.
Adopted unanimously. 8:15 P.M.
Article 21. (See Page 357)
Article 22. (See Pages 357 & 358)
Article 23. (See Pages 354 & 355)
Article 24. (See Pages 355 & 356)
Article 25. SUPPLEMENTARY APPROPRIATIONS FOR CURRENT
FISCAL YEAR (FY 84)
Presented by Margery M. Battin.
(As MOTION: That the sum of $125,000 be appropriated to line item
adopted) 1775 - Law Fees to be used in conjunction with money appropriated
under Article 20 of the warrant for the 1983 Annual Town Meeting,
and to raise such amount $125,000 be transferred from the Reserve
Fund - Overlay Surplus.
8:15 P.M.
Mrs. Battin explained that this additional appropriation was because
of the number of legal cases such as the Muzzey School Conversion and
the civil rights case. 8:17 P.M.
William J. Dailey, Jr., Chairman of the Appropriation Committee,
said that the committee had not entered a recommendation in their
report but at this time they do recommend favorable action.
8:17 P.M.
Main motion declared adopted by voice vote. 8:!17 P.M.
Article 2. Margery M. Battin reminded the meeting that an information meeting
on the budget had been held last Thursday, April 26, and that the
Town Manager, Robert M. Hutchinson, Jr., had given an overview of
the figures at that time.
She added that when line item #8525 under Article 26 comes up that
she will ask that it be tabled as the conservation article, (59) is
tied into that item. 8:18 P.M.
Article 26. OPERATING BUDGET
Presented by Margery M. Battin.
(Richard M. Perry (written notice) and Mary R. McDonough will not
vote on Articles 26 and 27. William W. Welch, Jr. (written notice)
will not vote on line items #1700, #1750 or #7920.)'
MOTION: That the following amounts be appropriated for the ensuing
fiscal year and be raised in the tax levy except where a transfer
is indicated they shall be provided by such a transfer.
8:18 P.M.
`$,.-, (Adjourned Session of the 1984 Annual Town Meeting - May 2 1984.)
Article 26. The Moderator read the following line items:
(Cont.)
Select men's Department
#1000 Personal Services $ 35,702
1050 Expenses 8,650
8:18 P.M.
Town Ma nager' s Office
1060 Personal Services 125,647
1065 Expenses 7,000
8:19 P.M.
Town Manager's Jurisdiction
1070 Temporary Help & Overtime 35,000
1075 Clerical Pool 12,246
1080 Office Furniture & Fixtures 3,000
1090 General Professional Services 42,000
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
8:19 P.M.
Selectmen J
1148 Safety Program Expenses 500
8:19 P.M.
Town Clerk's Department
1150 Personal Services 73,649
1200 Expenses 1,500
8.20 P.M.
Board of Appeals
1500 Personal Services 16,383
1550 Expenses 2,650
8:20 P.M.
Planning Board
1600 Personal Services 49,816
1650 Expenses 5,500
8:20 P.M.
Insurance
1700 Group 1,758,000
1750 Municipal Property & Workmen's Compensation 336,174
8:20 P.M.
Printing Town R eport
1760 Expenses 5,250
8:20 P.M.
Law Department
1775 Law Fees 75,000
1800 Law Expenses 20,000
8:23 P.M.
Election
1900 Selectmen Jurisdiction 27,600
1950 Town Clerk Jurisdiction 21,520
8:2.4 P.M.
(Adjourned Session of the 1984 Annual Town Meeting - May 2 , 1984.) 3 3
Article 26. Board of Registrars
(Cont.)
#2000 Personal Services 8,490
2050 Expenses 15,400
8:24 P.M.
Town Committees
2250 Appropriation Committee Expenses 925
2370 Misc. Committees & Boards Expenses 3,000
2400 Town Celebrations Committee Expenses 7,500
8:24 P.M.
Historic Dis Commission
2450 Expenses 2,000
8:24 P.M.
Conservation Commission
2460 Expenses 6,035
2465 Personal Services 34,234
8:25 P.M.
Recreation Committee
2470 Personal Services 113,145
2480 Expenses 19,400
8:25 P.M.
Treasurer /Collector's Department
2500 Personal Services 116,704
2525 Expenses 57,050
2575 Foreclosure & Redemption 3,500
8:28 P.M.
Compt De partment
2800 Personal Services 134,827
2850 Expenses 3,500
8:28 P.M.
Comptroller's Jurisdiction
2925 Office Machines - Capital Outlay 13,500
2930 Office Machines - Maint. & Repair 8,300
2935 Office Services - Copier & Supplies 11,550
2940 Metered Mail 30,770
8:29 P.M.
Assessors' Department
2950 Personal Services 72,832
3000 Expenses 12,300
8:29 P.M.
Health Department
3250 Personal Services 68,371
8:29 P.M.
In response to a question raised by Manfred P. Friedman,
Margery M. Battin answered that this amount did include
$10,600 for mosquito control. 8:30 P.M.
3300 Expenses 19,000
8:30 P.M.
Mr. Friedman said that spraying is not effective if it cannot be
done comprehensively - the whole town. 8:35 P.M.
Mr. Friedman moved that the amount of $19,000 be deleted and the
sum $16,400 be substituted therefor. 8 :35 P.M.
4 (Adjourned Session of the 1984 Annual Tow Meeting - May 2, 1984.)
Article 26. Line item #3300 (Cont.)
(Cont.)
Dr. Linda Roemer, a member of the Board of Health, gave an explana-
tion of the mosquito control program. 8:43 P.M.
Mr. Friedman's motion to amend line item 43300 was declared lost
by voice vote. 8:47 P.M.
Ephraim Weiss moved under Item 3300, the amount for Mosquito
Control ($10,600) be separated and inserted under a separate
Item, Number 3310, so that Item 3300 will be reduced to $8,400,
and Item 3310, Mosquito Control, reads $10,600.
8:47 P.M.
Margery M. Battin said that the Board of Selectmen. and the Town
Manager unanimously opposed this amendment. They do not feel
that town meeting should set up accounts. 8 :53 P.M.
Mr. Weiss's motion to amend was declared lost by voice, which
was doubted by John Orin Hayward and more than twenty members,
so a standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 2 Nancy L. Barter 13
2 2 Karen A. Docks 16
3 10 Marian C. Reilly 6
4 7 Peter C. J. Kelley 3
5 8 Julie F. Triessl 5
6 9 John S. Willson 9
7 11 Graydon M. Wheaton 5
8 8 Benjamin H. Golini 5
9 3 L. Gail Colwell 14
At Large 2 Michael J. O'Sullivan 20
Totals 62 96
Mr. Weiss's motion to amend line item #3300 was not adopted.
8:58 P.M.
Article 2. Margery M. Battin thanked Dr. Linda Roemer for all she had done for
the town and for the devotion and dedication she had given to the
Board of Health and to their programs. She added that Dr. Roemer
had tendered her resignation to the Board and would be leaving for
Nairobi for new duties and wished her well. Dr. Roemer was given a
standing ovation by the meeting. 9 P.M.
Article 26. The Moderator continued reading the line items, reading line item
(Cont.) 43300 again:
Health Departme (Cont.)
43300 Expenses 19,000
3320 Visiting Nurse & Community Health 7,550
3450 Rabies Clinic 2,961
9 :02 P.M.
Hea lth Jurisdiction - Animal Control Officer.
3500 Personal Services 16,756
3550 Expenses 6,983
9 :03 P.M.
(A djourned Session of the 1984 Annu Town Meeting - May 2, 1984.) �)
Article 26. Police Department
(Cont.)
#3760 Police Department Management and Staff- 434,300
Personal Services
(Of which $17,000 is to be transferred from the
Parking Meter Fund)
3770 Police Department Collective Bargaining Unit- 1,276,732
Personal Services
3800 Expenses 233,250
(Of which $18,000 is to be transferred from the
Parking Meter Fund)
3900 Parking Meter Maintenance 3,500
(Of which $3,500 is to be transferred from the
Parking Meter Fund)
9:05 P.M.
Fir Department
4110 Fire Department Management and Staff -
Personal Services 121,242
4120 Fire Department Collective Bargaining Unit -
Personal Services 1,400,397
4150 Expenses 129,560
9:06 P.M.
William J. Dailey, Jr. moved that account 4150 be amended to
read $127,060 and that the figure $129,560 be stricken.
9:06 P.M.
Chief John Bergeron spoke of the need of the new radio cable.
9:09 P.M.
Mr. Dailey's motion to amend line item #4150 was declared
adopted by voice vote,which was doubted by more than twenty
members, so a standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 4 Nancy L. Barter 10
2 3 Karen A. Docks 13
3 5 Marian C. Reilly 11
4 3 Peter C. J. Kelley 7
5 6 Julie F. Triessl 6
6 11 John S. Willson 7
7 10 Graydon M. Wheaton 6
8 2 Benjamin H. Golini 11
9 1 L. Gail Colwell 16
At Large 10 Michael J. O'Sullivan 10
Totals 55 97
Mr. Dailey's motion to amend line item #4150 is not adopted.
9:14 P.M.
Article 2. Daniel L. McCabe moved to amend the Report of the Capital Expendi-
tures Committee "to read $1,400 not $800 under #4150 ".
Adopted unanimously. 9:15 P.M.
4 (Adjourned Session of the 1984 Annual Town Meeting May 2, 1984.)
Article 26. Line item 44150 (Cont.)
(Cont.)
Daniel L. McCabe moved that line item #4150, Fire Department
Expenses be amended to read $124,960.
9:15 P.M.
Margery M. Battin said that the Board of Selectmen unanimously
opposed this amendment. 9:19 P.M.
Mr. McCabe's motion to amend line item 44150 was declared lost
by voice vote. 9:22 P.M.
Local Disaster Ser vices
44300 Personal Services 200
4350 Expenses 500
9:22 P.M.
Ins De partment
4450 Personal Services 102,963
4500 Expenses 4,400
9:22 P.M.
Director o f Public Works Office
* 4900 D.P.W. Collective Bargaining Unit - Personal Services 1,375,054
(Of which $40,000 is to be transferred from the
Westview Perpetual Care Fund)
9:23 P.M.
*(See Page 349 for amended figure)
4950 Public Works Management and Staff Personal Services 408,432
5000 Expenses 13,240
9:23 P.M.
Engineerin Depa rtment
5100 Personal Services 234,696
5150 Expenses 9,700
9:23 P.M.
Town Buildings Main tenance
5200 Personal Services 99,856
5250 Expenses 237,300
9:24 P.M.
Highway /Traffic Div ision
5400 Expenses 217,930
(Of which $10,500 is to be transferred from the
Parking Meter Fund)
9:24 P.M.
Road Machinery
5450 Expenses 247,600
9:24 P.M.
Snow Remova
5500 Expenses 141,200
(Of which $10,000 is to be transferred from the
Parking Meter Fund)
9:24 P.M.
(Adjourned Session of the 1984 Annual Town Meeting - May 2, 1984 347
Article 26. Stree Li ghts
(Cont.)
#5600 Expenses 407,000
To which the sum of $384,599 in available and
anticipated P.L. 98 -185 (General Revenue Sharing
Funds) is to be applied.
9:25 P.M.
Sew & Water Maint enance
5700 Expenses 230,515
9:25 P.M.
Refuse C ollection
5800 Contract 528,000
9:25 P.M.
Sanitary Landfill
5850 Expenses 4,000
9:25 P.M.
Park /Shade Tree Divi
6000 Expenses 89,877
9:25 P.M.
Insect Suppression
6050 Expenses 1,350
9:25 P.M.
Cemeteries
6400 Expenses 15,200
9:26 P.M.
At the request of Selectman Robert F. Sacco, Stephen Baran, Chairman
of the Human Services Committee, was recognized and gave a brief report
on the budget and of their goals for FY 85. 9:30 P.M.
HUMAN SERVICES
Veterans' Benefits
7100 Personal Services 9,518
7150 Administration 170
7200 Aid & Expenses 10,000
7250 Grave Registration Expenses 200
7300 Burial Expenses 250
9:30 P.M.
Council on Ag ing
7340 Personal Services 18,437
To which the sum of $18,437 in available and anticipated
Y.L. 98 -185 (General Revenue Sharing Funds) is to be
applied.
7360 Expenses 34,900
To which the sum of $34,900 in available and
anticipated P.L. 98 -185 (General Revenue Sharing
Funds) is to be applied.
9:31 P.M.
6' ` L�
3 4 8 (Adjourned Session of the 1984 Annual Town Meet - May 2, 1984.)
Article 26. Other Human Se rvices
(Cont.)
- -__�
#7410 Mystic Valley Mental Health 15,000
7430 Community Services 52,064
To which the sum of $52,064 in available and
anticipated P.L. 98 -185 (General Revenue Sharing_
Funds) is to be applied.
9:32 P.M.
Cary Memorial L ibrary
7500 Personal Services 537,606
7550 Expenses 181,010
(Of which $3,781.77 is to be transferred from
the County Dog License Fees. $14,739.50 in
Regular State Aid and $8,546 in Supplemental
State Aid to Public Libraries is also available
for use by the Trustees of the Library.)
9:34 P.M.
Board of Retir
7800 Contributory Pension Fund 1,333,450
7810 Pension Funding 300,000
7825 Non - Contributory Pension Fund 204,380
7850 Expenses 6,050
9:35 P.M.
Patricia A. Swanson moved that line item #7920 be tabled. (See Page 360)
Adopted unanimously. 9:35 P.M.
Public Sch ools
8100 Regional Vocational Technical High School
Assessment 332,700
9:35 P.M.
8500 Interest on Debt 97,468
9:35 P.M.
Margery M. Battin moved that line item #8525 be tabled. (See Page 385)
Adopted by voice vote. 9:35 P.M.
8550 Maturing Debt 825,000
9:35 P.M.
Many questions were raised on the budget for street lighting.
Town Manager Robert M. Hutchinson, Jr. explained that there are
in excess of 3,200 streets lights in the town and, due to the
nuclear power plant in Plymouth being down, electrical bills are
up. The town is not a power company and does not own the poles.
As for reducing the lighting of streets, Mr. Hutchinson said that
there would not be a ground swell of approval for this idea.
9:47 P.M.
Richard A. Michelson asked if the sanitary landfill could be open
for two weeks in the spring and two weeks in the fall so that the
residents of the town could dispose of their leaves. The Town
Manager answered that it could be done but it would take the
employees away from other duties. 9:49 P.M.
(Adj ourned Session of the 19 Annual Town Me eting = May 2, 1984.) 3 4 91
Article 26. After general discussion, Richard A. Michelson moved to
(Cont.) amend line item 45850 - amount of $4,000 be deleted and
the amount $6,000 be substituted.
9:59 P.M.
At the request of Mrs. Battin, Mr. Michelson changed his
amendment from line item #5850 to line item #4900 so that
the amendment now reads:
MOTION: That line item #4900 be amended by deleting
$1,375,054 and substituting therefor $1,377,054.
10:02 P.M.
Mrs. Baton said that the Board of Selectmen unanimously
supported Mr. Michelson's motion to amend.
10:02 P.M.
Mr. Michelson's motion to amend line item #4900 was
declared adopted by voice vote. 10:02 P.M.
Line item #4900, as amended, now reads: (See page 346)
#4900 D.P.W. Collective Bargaining Unit - Personal Services 1,377,054
(Of which $40,000 is to be transferred from the
Westview Perpetual Care Fund)
Main motion as presented by Margery M. Battin and amended by Richard A.
Michelson, with the exception of line items #7920 and #8525, was declared
adopted unanimously. 10:02 P.M.
James E. Barry served notice of reconsideration of Article 26. 10:03 P.M.
(See Page 393)
Article 27. SALARY ADJUSTMENTS AND COLLECTIVE
BARGAINING SETTLEMENTS
Presented by John F. McLaughlin.
MOTION: That $235,000 be appropriated for the ensuing fiscal year,
in addition to those authorized under Article 26 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
1130 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
es LJ (Adjourned Session of the 1984 Annu Town Meeting - May 2, 1984.)
Article 27. ACCT. # DEPA RTMENT
(Cont.) T
3770 Patrolmen and Sergeants - Personal Services
4110 Fire Management and Staff
4120 Fire Collective Bargaining Group - Personal Services
4450 Inspection
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
10:05 P.M.
James M. McLaughlin voiced his disapproval of this system of
budgeting, feeling that this was originally set up for collective
bargaining units only. He added that the amount of raises for
the different employees should be known before town meeting.
10:08 P.M.
In response to a question raised by Ephraim Weiss, William J.
Dailey, Jr, answered that the Appropriation Committee feel very
comfortable with this system. He said that the town has used
this system for about five years with success and that they
favor this type of article. 10:10 P.M.
Main motion, as presented by John F. McLaughlin, adopted unanimously.
10:13 P.M.
Article 28. PRIOR YEARS' UNPAID BILLS
Presented by John F. McLaughlin.
MOTION: That the sum of $14,400 be appropriated to pay a bill of
Boston Edison Company rendered to the Town for prior years, and
to raise such amount, $14,400 be transferred from the Reserve
Fund - Overlay Surplus.
Adopted unanimously. 10:15 P.M.
Article 29. SUPPLEMENTAL APPROPRIATIONS FOR
AUTHORIZED CAPITAL IMPROVEMENT PROJECTS
Presented by John F. McLaughlin.
MOTION: That this article be indefinitely postponed.
Adopted unanimously. 10:15 P.M.
Article 30. 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. 10:17 P.M.
Article 31. TAX ANTICIPATION BORROWING
Presented by Robert F. Sacco.
MOTION: That the Town Treasurer, with the approval of the Select-
men, be authorized to borrow money from time to time in anticipation
of the revenue for the fiscal year beginning July 1, 1984 and to
issue a note or notes therefor, payable within one year, under
(Adjourned Session of the 1984 Annual Town Meeting - May 2, 1984.) 3 ,.
Article 31. G. L. c. 44, sec. 4 as amended, and to renew any note or notes as
(Cont.) may be given for a period of less than one year, under G.L. c. 44,
sec. 17.
Adopted unanimously. 10:18 P.M.
Article 32. CONSERVATION FUND
Presented by Robert F. Sacco.
MOTION: That this article be indefinitely postponed.
Adopted unanimously. 10:18 P.M.
Article 33. UNEMPLOYMENT COMPENSATION FUND
Presented by Paul W. Marshall.
MOTION: That the sum of $30,000 be appropriated for the unemploy-
ment compensation fund to be used in conjunction with money
previously appropriated for this purpose and that to raise such
amount, $30,000 be transferred from the Reserve Fund - Overlay
Surplus.
Adopted unanimously. 10:22 P.M.
Article 34. STABILIZATION FUND
Presented by Paul W. Marshall.
MOTION: That this article be indefinitely postponed„
Adopted unanimously. 10:22 P.M.
Article 35. RESCIND UNUSED BORROWING: AUTHORIZATION
Presented by Paul W. Marshall.
MOTION: That the $10,000 of unused borrowing authorization voted
under Article 19 of the warrant for the 1978 Annual Town Meeting
be rescinded.
Adopted unanimously. 10:23 P.M.
Article 36. INSTALL WATER MAINS
Presented by John C. Eddison.
MOTION: That the Selectmen be and they hereby are authorized to
install new or replacement water mains in such accepted or un-
accepted 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 $75,000 for such installation and land acquisition; that
such amount be raised by transfer from the Special Assessment Fund;
and that the Selectmen be authorized to apply for, accept, expend
and borrow in anticipation of federal and state aid for such projects.
10:24 P.M.
Daniel L. McCabe voiced the unanimous support of the Capital Expendi-
tures Committee and William J. Dailey, Jr. stated that the Appro-
priation Committee recommended favorable action. 10:28 P.M.
Mr. Eddison explained that the installations would be in Farmcrest
Avenue and Westminster Avenue.
Adopted unanimously. 10:28 P.M.
R (Adjourned Session of the 1984 Annual Town Mee ting - May 2, 1984.)
Article 37. INSTALL DRAINS /WIDENING,
DEEPENING OR ALTERING BROOKS
Presented by John C. Eddison.
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 $50,000 for such installation and land
acquisition, and to raise such amount, $10,000 be transferred from
the Sale of Real Estate Fund and that $40,000 be raised in the
tax levy.
10:29 P.M.
Mr. Eddison explained that this project would be on Adams Street
due the icing conditions at certain times. 10:30 P.M.
Adopted unanimously. 10:32 P.M.
Article 38. BROOK CLEANING
Presented by John C. Eddison.
MOTION: That this article be indefinitely postponed.
Adopted unanimously. 10:32 P.M.
Article 39. INSTALL CURBING
Presented by John C. Eddison.
MOTION: That this article be indefinitely postponed.
Adopted unanimously, 10:33 P.M.
Article 40. CONSTRUCT SIDEWALKS
Presented by John C. Eddison.
MOTION: That this article be indefinitely postponed.
Adopted by voice vote. 10:34 P.M.
Article 41. SANITARY SEWERS
Presented by Margery M. Battin.
MOTION: That this article be indefinitely postponed.
Adopted unanimously. 10:35 P.M.
Article 42. MDC SEWER CONNECTIONS
Presented by Margery M. Battin.
MOTION: That the sum of $30,000 be appropriated to provide sewer
connections to the MDC Millbrook Valley Relief Sewer and to make
such other necessary changes in the sewer_ system in connection
therewith, to raise such amount, $30,000 be transferred from the
appropriation voted under Article 19 of the warrant for the 1978
(Adjourned Se ssion of the 1984 Annual Town Meeting - May 2, 1984.)
Article 42. Annual Town Meeting, and that the Selectmen be authorized to
(Cont.) apply for, accept, expend and borrow in anticipation of federal
and state aid for such project.
Adopted unanimously. 10:38 P.M.
Article 43. PUBLIC WORKS EQUIPMENT
Presented by Robert F. Sacco.
MOTION: That the sum of $175,000 be appropriated for the pur-
chase by or with the approval of the Selectmen of equipment for the
Department of Public Works, and that such amount be raised in the
tax levy.
10 :35 P.M.
(See Pages 358 and 361)
Arthur C. Smith moved that this meeting be adjourned to Monday, May 7, 1984
at 8 P.M. in Cary Memorial Hall. This motion was adopted by voice vote.
10:40 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
�) 5)
ADJOURNED SESSION OF THE 1 984 A NNUAL TOWN MEETING
MAY 7, 1984
The meeting was called to order in Cary Memorial Hall at 8 P.M. by the Mod-
erator, Lincoln P. Cole, Jr. and immediately recessed subject to the call of
the Chair. The meeting reconvened at 8:08 P.M.
There were 183 Town Meeting Members present.
Invocation presented by Rev. Gay M. Godfrey, Associate Minister of the Hancock
United Church of Christ. 8:10 P.M.
The Moderator said the meeting was now open on Article 43.
Article 43. Robert F. Sacco moved that Article 43 be postponed until after
Article 22.
Adopted unanimously. 8:10 P.M.
(See Pages 353 & 361.)
Jacquelyn R. Smith moved that Article 23 be taken up at this time.
Adopted unanimously. 8:10 P.M.
Article 23. REZONE RO TO RS,
WELLINGTON LANE AVENUE
Presented by Jacqueline B. Davison.
MOTION: That the Town vote to amend the Zoning By -Law by changing
(As the District designation from RO -One Family Dwelling District to
adopted) RS -One Family Dwelling District of the Land on the Southwesterly
side of Meadowbrook Avenue and Wellington Lane Avenue; bounded and
described as follows:
(Approved Beginning at a point at the center line of Meadowbrook Avenue
by Atty. and the intersection of the center line of a right of way identified
General, as Moreland Avenue.
Sept. 18,
1984. Northerly by a right of way identified as Moreland Avenue,
Posted in twenty (20) feet + or - and;
Town
Office Westerly by land now or formerly of the Town of Lexington
Building One Hundred Eight (108) feet + or -,
& nine
precincts Northerly by land now or formerly of the Town of Lexington
on Sept. Two Hundred Sixty Two (262) feet + or
26, 1984)
Westerly by land now or formerly of the Town of Lexington
and Blossomcrest Road and a right of way
identified as Garden Avenue, Four Hundred Eighty
Four (484) feet + or
Southerly by land now or formerly of the Town of Lexington,
Forty Eight (48) Feet + or -,
Westerly by land now or formerly of the Town of Lexington,
One Hundred Sixty Seven (167) feet + or
Southwesterly by land now or formerly of the Commonwealth of
Massachusetts (Cambridge Concord Highway -Route
2), Six Hundred Ninety (690) feet + or -,
Northeasterly by the approximate center line of Wellington Lane
Avenue abutting the now current RS Zoning District,
Six Hundred Forty (640) feet + or -,
(Adjourned Session of the 1984 Annual Town Meeting - May 7, 1984.) Rs
Article 23. Easterly by the approximate center line of Meadowbrook
(Cont.) Avenue abutting the current RS Zoning District,
Four Hundred Fifty (450) feet + or -; to the
point of beginning
Containing 309,000 + or - square feet of land, more or less, all
distances being approximate. Said land is shown on a plan entitled
"Compiled Sketch Plan of Land in Lexington, Mass.," (for Proposed
Re- Zoning dated December 27, 1983 by James R. Keenan, R.L.S.).
8:42 P.M.
Mrs. Davison added that this description reflects the deletion of
Town Conservation Land, known as lot 106. She ,asked that Dennis
Lowe be recognized. 8:12 P.M.
Mr. Lowe, representing Mr. and Mrs. Conrad Philipson, gave a brief
history of the land in question and the reasons behind the request
for this zoning change. He said that he had a petition signed by
thirty -eight of the abuttors favoring this proposal. 8:19 P.M.
Mrs. Davison said that the members of Precinct Three unanimously
supported this motion.
Jacquelyn R. Smith moved that the report of the Planning Board on
Article 23 be accepted and placed on file. 8:23 P.M.
Adopted unanimously. 8:23 P.M.
Mrs. Smith voiced the unanimous support of this motion. 8:23 P.M.
Main motion, as presented by Mrs. Davison, adopted unanimously.
8:27 P.M.
Eric T. Clarke moved that Article 24 be taken up at this time.
Adopted unanimously. 8:27 P.M.
Article 24. REZONE RO TO CD, HAYDEN AVENUE
Presented by Eric T. Clarke.
(Not MO`PION: To change the zoning district in which the land bounded
adopted) and described below lies from RO-- ONE - FAMILY DWELLING DISTRICT to
CD -- CONTROLLED COMMERCIAL AND INDUSTRIAL DISTRICT in accordance
(Also see with the preliminary site development and use plan dated April 27,
Page 1984, and filed with the Lexington Town Clerk on May 1, 1984:
382)
Three contiguous parcels of land in Lexington, Massachusetts,
bounded northerly by Hayden Avenue, southerly by the Concord
Turnpike (Route 2) and easterly by the access ramp between
those two roads, being described in Certificate of Title No.
154914 at the South Middlesex Registry District of the Land
Court and shown as Lots 17, 18, and 20 on Land Court Plan No.
28022, a copy of which is available for inspection in the
office of the Lexington Town Clerk.
8:28 P.M.
At Mr. Clarke's request, Greg Muzzey, Treasurer of Temple, Barker
and Sloane was recognized. Mr. Muzzey described the need of addi-
tional office space and of the proposal. 8:45 P.M.
Jacquelyn R. Smith moved that the report of the Planning Board on
Article 24 be accepted and placed on file. 8:46 P.M.
Jonathan P. Doran asked that Mrs. Smith read the Planning Board
Report, which she did, starting at 8:48 P.M. and finishing at
9:03 P.M. She mentioned the last paragraph of the report, which
was parenthesized, stating that Planning Board member Judith Uhrig
did not participate in the deliberations or vote on this proposal
as the law firm which employs her represents one of the parties in
this development. 9:09 P.M.
e� +���•- (Adjourned Session of t he 1984 Annual Town Meeting - May 7 1984.)
Article 24. Jacqueline B. Davison, speaking in opposition, stressed that the
(Cont.) building and parking coverage left very little green space. She
showed slides of the area. 9:17 P.M.
At Mrs. Davison's request, Louise Kava of 60 Shade Street and
Laurence S. Bloom of 7 Benjamin Road were recognized and they both
spoke in opposition. 9:20 P.M.
Susan J. Ricci spoke in opposition. 9:23 P.M.
John C. Eddi.son. said that a majority of the Board of Selectmen
supported this motion although not on the same rational.. There-
fore he said that he could only speak for two of them.
9:30 P.M.
Ephraim Weiss said that the meeting should realize that zoning
should not be for a firm. It should be on the land. The firm
could be gone in the future and who can predict what will happen
in the future. 9:33 P.M.
Jonathan Doran thanked Mrs. Smith for reading the Planning Board
Report in its entirety and wished that the meeting had given her
the courtesy of listening to it. He added that this land has no
commercial development on it at this time. 9:35 P.M.
William W. Welch, Jr. stated that he would like the height of the
penthouse reduced by 10 feet, bringing it down to 35 feet high.
9:37 P.M.
Robert I. Rotberg stated that the three story penthouse is to be
built on top of the knoll instead of being built into it. He urged
town meeting to vote against this proposal and said that Temple,
Barker and Sloane should come back to another town meeting with a
better design. 9:40 P.M.
Mr. Muzzey answering Mr. Welch, said that to eliminate the ten
feet on the penthouse, would expose the mechanical equipment
(heating etc.). He added that it is their intention to build an
attractive building. The plan that they have proposed is binding,
and it would be binding on any successive owner. The land would
be 50% green around the building itself, on the southeast and
northeast corners. 9:45 P.M.
James Cataldo moved the previous question which was declared adopted
by voice vote. 9:52 P.M.
Eric Clarke stated that he was impressed by the quality of design
of the Temple, Barker and Sloane building and urged support.
9:52 P.M.
Voice vote on the main motion, presented by Mr. Clarke, was not
unanimous so a standing vote was taken as follows:
Preci In Favor Tellers Opposed
1 10 Nancy L. Barter 8
2 15 Karen A. Docks 3
3 4 Marian C. Reilly 14
4 5 Peter C. J. Kelley 9
5 6 Julie F. Triessl 9
6 11 Elizabeth C. Haines 7
7 6 Graydon M. Wheaton 7
8 11 Benjamin H. Golini 5
9 11 L. Gail Colwell 7
At Large 21 Michael J. O'Sullivan 4
Totals 100 73
Less than the required two- thirds having voted in favor, the main
motion as presented by Mr. Clarke is not adopted_ 9:57 P.M.
Eric T. Clarke served notice of reconsideration of Article 24. 9:57 P.M.
(See Page 382)
(Adjourned Session of the 1984 Annual Town Meeting - May 7, 1984 eN°
Stephen B. Cripps moved that Article 21 be taken up at this time.
Adopted unanimously. 9:57 P.M.
Article 21. ZONING BY -LAW
TECHNICAL CORRECTIONS
Presented by Stephen B. Cripps.
MOTION: That the Zoning By -Law be amended as follows:
(Approved
by Atty. a. In Section 5, Use Regulations, by inserting the word
General, "APPLICABILITY" after the number 5.1, and
Sept. 18,
1984. b. In Section 6.2, by inserting the words "or more"
Posted after the number 75% so that the sentence, as amended,
in Town will read, in part, "....if destroyed or damaged to the
Office extent of 750 or more of its reproduction costs...."
Building and
& nine
precincts C. In Section 7.4.9, by deleting the underscoring under
on Sept. the words "except for said dimensional non - compliance"
26, 1984) and the words "in addition to said dimensional non-
compliance" and
d. In section 9.4.4, by deleting the number "9.2.3" and
inserting in place thereof the number "9.4.3 ".
9:58 P.M.
Mr. Cripps moved that the report of the Planning Board
on Article 21 be accepted and placed on file.
Adopted unanimously. 9:58 P.M.
Main motion as presented by Mr. Cripps adopted unanimously.
10:03 P.M.
Eric T_ Clarke moved that Article 22 be taken up at this time.
Adopted unanimously. 10:03 P.M.
Article 22. ZONING BY -LAW, SETBACK
FOR SWIMMING POOLS
Presented by Eric T. Clarke.
(Not MOTION: To amend the Zoning By -Law Section 5.7 SWIMMING
adopted) POOLS and RACQUET COURTS by striking the words "swimming
pool or" from 5.7.1(a), PROTECTIVE CONDITIONS, so that
Section 5.7.1(a) will read "No racquet court shall be
constructed within 15 feet of the property line."
10:05 P.M.
Jacquelyn R. Smith moved that the report of the Planning
Board on Article 22 be accepted and placed on file.
Adopted unanimously. 10:06 P.M.
Mrs. Smith said that a majority of the Planning Board
opposed this motion. 10:07 P.M.
After general discussion, voice vote was taken on the
main question, which was not unanimous, so a standing
vote was taken as follows:
(Adjourned Sessi of the 1984 Annual Town Meeting - Mai 7, 1984.)
Article 22. Standing vote on main motion as follows:
(Cent.)
Precinct In Favor Tellers Abstained Oppose
1 10 Nancy L. Barter 7
2 11 Karen A. Docks 6
3 3 Marian C. Reilly 14
4 4 Peter C. J. Kelley 9
5 2 Julie F. Triessl 11.
6 7 Elizabeth C. Haines 10
7 2 Graydon M. Wheaton 1 10
8 5 Benjamin H. Golini 9
9 3 L. Gail Colwell 14
At Large 11 Michael J. O'Sullivan 14
Totals 58 1 104
Main motion as presented by Mr. Clarke was not adopted. 10:20 P.M.
Article 43. Robert F. Sacco moved that Article 43 be postponed to the May 9,
1984 session of this meeting.
(See Pages 353 & 361) Adopted by voice vote. 10:20 P.M.
Elizabeth G. Flemings moved that Article 20 be taken up at this time.
Adopted by voice vote. 10:20 P.M.
Article 20. (See pages 334 & 335.) ZONING BY -LAW, LOT
FRONTAGE, LOT WIDTH
Mrs. Flemings said that she would read the following motion as it
differed from the one originally presented at the April 25, 1984
session (page 334) of this meeting:
(As MOTION: That the Zoning By -Law be amended as follows:
adopted) �
a. In Section 2, Definitions, in the definition FRONTAGE, LOT, by
deleting the first sentence and inserting in place thereof the
following:
(Approved "The continuous portion of the line separating a lot from a
by Atty. street to which the owner of the lot has a legal right of
General, access"
Sept. 18,
1984. and in the definition FRONTAGE, STREET, by deleting the first
Posted sentence and inserting in place thereof the following:
in Town
Office "A street to which the owner of the lot has a legal right of
Building access and which provides the required lot frontage."
& nine
precincts b. In Section 7. Dimensional Controls in sub- section 7.2 by:
on Sept. 1) adding the words ", MINIMUM LOT WIDTH" at the end of the sub -
26, 1984) title; 2) inserting the number "7.2.1" in front of the para-
graph that begins "No lot upon which.. "; 3) adding a new sub-
paragraph 7.2.2, as follows:
"7.2.2 No new principal structure shall be erected on any part of a
lot created after April 30, 1984, which does not have an area in
which a circle, the diameter of which is not less than 80 per cent
of the minimum lot frontage, tangent to the lot frontage and within
all other lot lines, may be located. This provision shall not
apply in the case of a lot that qualifies under Subsection 7.4.1.
10:2.5 P.M.
General discussion. John F. Downey, Jr. moved the previous question
which was declared adopted by voice vote. 10:43 P-M.
C
p '
(Adjourned Sessi of the 1984 Annual Town Meeting - May 7, 1984 elt��
Article 20. Voice vote on the main motion as presented by Mrs. Flemings was
(Cont.) not unanimous so a standing vote was taken as follows:
Pre cinct In Favor Tellers Opposed
1 9 Nancy L. Barter 5
2 13 Karen A. Dooks 5
3 14 Marian C. Reilly 1
4 12 Peter C. J. Kelley 1
5 11 Julie F. Triessl 1
6 13 Elizabeth C. Haines 4
7 13 Graydon M. Wheaton 1
8 16 Benjamin H. Golini 1
9 15 L. Gail Colwell 3
At Large 18 Michael J. O'Sullivan 6
Totals 134 28
More than the required two - thirds having voted in favor, the main
motion as presented by Mrs. Flemings was adopted. 10:46 P.M.
(Planning Board Report covering Article 20 was presented, accepted
and placed on file at the April 25, 1984 session of this meeting.
See Page 334.)
Paul W. Marshall moved that Article 49 be taken 'up at this time.
Adopted unanimously. 10 :47 P.M.
Article 49. FENCE WORK /TRACK
Presented by Paul W. Marshall.
MOTION: That this article be indefinitely postponed.
Adopted unanimously. 10:47 P.M.
Paul W. Marshall moved to adjourn this meeting to Wednesday, May 9, 1984
at 8 P.M. in Cary Memorial Mall. This motion was adopted unanimously.
10:47 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
Joseph 0. Rooney, 222 Waltham Street, resigned as a Town Meeting Member from
Precinct 4 effective May 8, 1984. next
Richard F. Perry, 40 Clarke Street, received th /highest number of votes as a
defeated candidate for Town Meeting Member from Precinct 4 at the Annual Town
Election held March 5, 1984. As of May 9, 1984 Richard F. Perry accepted the
position of Town Meeting Member from Precinct 4 to fill the vacancy caused by
the resignation of Mr. Rooney. This term will expire in March 1985.
ADJOURNED SESSION OF THE 1984 ANNUAL T
OWN MEETING
May 9, 1984
The meeting was called to order by Lincoln P. Cole, Jr_, Moderator at 8 P.M.
in Cary Memorial Hall and immediately recessed subject to the call of the Chair.
The meeting was reconvened at 8:09 P.M.
There were 172 Town Meeting Members present.
Tnvocation presented by Rev. John P. Streit, Associate Rector of the Church
of Our Redeemer, Episcopal, 8:11 P.M.
Article 2. Margery M. Battin, Chairman of the Board of Selectmen, reported on
the suggested schedule for the remaining articles. 8:13 P.M.
School Committee Member, Patricia A. Swanson moved that line item #7920
under Article 26 be taken off the table.
Adopted unanimously. 8:14 P.M.
Article 26. William W. Welch, Jr. gave written notice that he would not vote
on line item #7920. Edgar R. Stuhr gave verbal notice to the
Moderator that he would not vote on line item #7920.
The Moderator read the following motion under the operating budget:
Publi Sch ools
#7920 Public School- Education 19,152,421
(Of which $11,950.00 is for out of state travel.)
(As To which the sum of $220,000 in available and
adopted) anticipated P.L. 874 and other Federal and State
Funds, and $29,700 in available and anticipated
athletic receipts is to be applied and the
balance of $18,902,721 is to be raised in the
tax levy.
8:16 P.M.
Shepard Anthony Clough, Chairman of the School Committee, made a
few introductory remarks and read the planning guidelines. At his
request, Dr. J. Geoffrey Pierson was recognized in order that he
could present the school budget. Dr. Geoffrey gave a ten year
history of the budget with the aid of many slides. 8:30 P.M.
Donald B. White said that in the future he would like to see the
major categories divided for two or three years information.
8:35 P.M.
William J. Dailey, Jr., Chairman of the Appropriation Committee,
said that with the increase in the school budget for the next two
years, it will be hard to stay within the limits of Prop 2 1/2.
His committee would like to make an examination of the school
budget like the one that is given to the town budget. He added
that this is the largest increase in seven years. 8:39 P.M.
Mr. Clough answered that the School Committee would welcome as
much scrutiny as anyone would care to give. 8:40 P.M.
Daniel L. McCabe voiced the concern of the Capital Expenditures
Committee in regards to the budget. 8:40 P.M.
Concerns were also raised by George A. Burnell and Frank Sandy.
John Orin Hayward who voiced his interest in education stated that
he opposed any move to adjust this budget. 8:48 P-M.
School Committee Member, Patricia A. Swanson, speaking in support
of the budget, said that there was a 5 1/2% raise for school
personnel and with the closing of five schools they had saved
$5,000,000. 8 :55 P.M.
(Adjourned Session of the 1984 Annual Town Meeting - May 9, 1 984.) P ,,
Article 26. Line item #7920 (Cont.)
Robert M. Hutchinson, Jr., Town Manager, answered that the total
town budget is up 4.6% and not 5.5 %. 8 :56 P.M.
Albert P. Zabin said that there is no role in government as import-
ant as the education of the children. The decisions made will affect
their future. 9 P.M.
Jacquelyn H. Ward spoke of the increase in the town's expense
budget but the Town Manager countered that the town expense budget
included appropriations for the school department such as: unemploy-
ment compensation - 9% for school employees; debt service, which is
declining; workmen's compensation; pensions; and health insurance
is the major item. He added that the data that the School Committee
had given tonight was very good. 9:10 P.M.
Main motion under line item #7920 was declared adopted by voice vote.
9:10 P.M.
Graydon M. Wheaton served notice of reconsideration of line item #7920
under Article 26. 9:11 P.M.
Article 43. (See Page 353) PUBLIC WORKS EQUIPMENT
& 354)
Presented by Robert F. Sacco.
(As MOTION: That the sum of $175,000 be appropriated for the purchase
adopted) by or with the approval of the Selectmen of equipment for the
Department of Public Works, and that such amount be raised in the
tax levy.
9:11 P.M.
Mr.. Sacco listed the equipment to be replaced and the new equip-
ment to be purchased. 9:13 P.M.
Daniel L. McCabe moved that the sum of $175,000 be replaced by the
sum of $150,000. 9:13 P.M.
Mr. McCabe explained that the Capital Expenditures Committee was,
not asking that any specific piece of equipment be rejected,
although the generator and wing plow would be on their list. They
were just hoping to reduce the amount of the expenditure.
9:15 P.M.
Mr. Sacco answered that he felt that the figures were realistic
and was not in favor of the McCabe motion. 9:17 P.M.
Mr. McCabe's motion to amend was declared lost by voice vote and
although Mr. McCabe doubted the decision, there were less than
the required twenty members standing in agreement with him.
9:17 P.M.
Main motion as presented by Mr. Sacco declared adopted unanimously.
9:17 P.M.
Article 44. AUTHORIZATION TO USE CHAPTER 90 FUNDS
FOR STREET IMPROVEMENTS
Presented by Margery M. Battin.
(As MOTION: That the Treasurer with the approval of the Selectmen be
adopted authorized to issue Highway Reimbursement Notes of the Town under
but then G.L. c. 44, sec. 6, as amended, in anticipation of reimbursement
amended. by the Commonwealth for highway reconstruction and improvements
See Page under the authority of Chapter 90 of the General Laws as funded by
384 for Chapter 732 of the Acts of 1981, Chapters 191 and 335 of the Acts
new adopted
motion.)
i-() 2 (Adjourned Session of the 1984 A nnua l Town Meeting - May 9, 1984_)
Article 44. of 1982, Chapter 289 of the Acts of 1.983, and Chapter 637 of the
(Cont.) Acts of 1983; and that notes issued for a shorter period than two
years may he refunded by the issue of new notes maturing within two
years from the date of the original obligation; and that the Select-
men are authorized to accept highway funds from all sources.
9:18 P.M.
Mrs. Battin explained that the Chapter 90 funds would be used for:
Resurfacing $150,000.00
Hancock Street (Reconstruction) 111,677.50
North Lexington (Bedford Street) 100,000.00
9:22 P.M.
Esther S. Arlan asked at what point the town would receive the
$50,000 from the business community and Iris G. Wheaton stated
that she would like to see the $100,000 on Bedford Street dropped.
9:28 P.M.
Renee T. Cochin moved to amend by motion by reducing the sum by
$100,000 but the Moderator ruled that the motion was out of order.
9:30 P.M.
Richard A. Michelson served notice of reconsideration of Article 43.
9:30 P.M.
Article 44. Many question were raised and opposition was voiced by some of the
(Cont.) Precinct 7 Members. Iris G. Wheaton said that Precinct 7 does not
like the plan and that it is time for cooperation. She added that
there should be a public hearing on the 25% funding plan.
9:40 P.M.
Iris G. Wheaton moved that the following words be added at the end
of the motion:
none of these funds be used for the Bedford Street roadway
improvements.
9 :40 P.M.
Mrs. Battin urged that this amendment be defeated. She said that
this is not for complete final plans. 9:40 P.M.
Martin L. Hagerty spoke in opposition as a resident and member of
Precinct 7. 9:44 P.M.
Mrs. Wheaton's motion to amend was declared lost by voice vote,
which was doubted by more than twenty members, so a standing vote
was taken as follows:
Precinct In Favor Tellers Opposed
1 8 James A. Cataldo 8
2 1 Karen A. Docks 17
3 13 Marian C. Reilly 4
4 2 Peter C. J. Kelley 9
5 6 Julie F. Tr_iessl 6
6 6 John S. Willson 12
7 10 Graydon M. Wheaton 1
8 2 Benjamin H. Golini 9
9 4 L. Gail Colwell 15
At Large 4 Michael J. O'Sullivan 19
Totals 56 100
Mrs. Wheaton's motion to amend was not adopted. 9:48 P.M.
Charles H. Cole, II, a Director of the Drummer Boy Association,
representing 150 families in Precinct 7, spoke in favor of the
main motion. 9:50 P.M.
(Adjourned Session of the 1984 Annual Town Meeting - May 9, 1984.) f" 3
Article 44. Frank Sandy brought up the Hartwell Connector and Mary W. Miley
(Cont.) said that she was delighted that it was still being discussed.
9:56 P.M.
Main motion as presented by Mrs. Battin was declared adopted by
voice vote. 9:57 P.M.
Martin L. Hagerty served notice of reconsideration of Article 44.
(See Pages 382 -384)
9 -57 P.M.
Article 45. STREET CONSTRUCTION AND LANDTAKING
Margery M. Battin moved to table Article 45. (See Page 386)
Adopted unanimously. 9:58 P.M.
Article 46. STREET ACCEPTANCE AND CONSTRUCTION
Margery M. Battin moved to table Article 46. (See Pages 386 & 387)
Adopted unanimously. 9:58 P.M.
Article 47. STREET ACCEPTANCE - FIFER LANE
DRUMMER BOY WAY
Presented by Iris G. Wheaton.
(Not MOTION: That the Selectmen be instructed to take the necessary
adopted) steps to establish a town way, and accept the layout of as a town
way the following streets:
(A) Fifer Lane from Winter Street, a distance of 2,500 feet,
more or less, to end;
(B) Drummer Boy Way from the Hartwell Avenue jug - handle off
Bedford Street, a distance of about 1,600 feet, more or
less, to Fifer Lane.
9:58 P.M.
At Mrs. Wheaton's request, Charles H. Cole, II, was .recognized
and he spoke for the Drummer Boy Association in favor of this
motion. 9:59 P.M.
John F. McLaughlin stated that the Board of Selectmen unanimously
opposed this motion. 10:01 P.M.
Mrs. Wheaton informed the meeting that she had been asked to
present this motion by a resident of Precinct 7 but that she very
definitely opposed it. 10:02 P.M.
John J. McWeeney and Manfred P. Friedman both spoke in opposition.
They did not want to start a precedent for other condominium areas
as the streets are not built to town specifications. Mr. Friedman
read from an agreement by the Drummer Boy Proposal before construct -
ion stating that the town would not be responsible for maintaining
the streets within the area. 10 - :04 P.M.
Main motion, as presented by Mrs. Wheaton, was unanimously defeated
by voice vote. 10:05 P.M.
Article 48. PARKING IMPROVEMENT'S
John F. McLaughlin moved to table Article 48. (See Page 387)
Adopted unanimously. 10:05 P.M.
0.D (Adjourned Session of the 1 Annual Town Meeting May 9 , 1984.)
Article 49. (See Page 359.)
Article 50. WESTVIEW CEMETERY DEVELOPMENT
Presented by John F. McLaughlin.
MOTION: That the sum of $30,000 be appropriated for the development
of Westview Cemetery, and to raise such amount, $21,000 be transferred
from the Westview Sale of Lots Fund and that $9,000 be raised in the
tax levy.
Adopted unanimously. 10 :07 P.M.
Article 51. FIRE DEPARTMENT COMMUNICATIONS
Presented by Robert F. Sacco.
(As MOTION: That the sum of $43,000 be appropriated to purchase alarm
adopted) registers and radio equipment for the Fire Department, and that
such amount be raised in the tax levy.
10:07 P.M.
Mr. Sacco explained that $2,000 is to replace the tape recorder;
$23,000 is to replace old radio equipment; and $18,000 for alarm
registers. 10:10 P.M.
William J. Dailey, Jr. moved that the sum of $43,000 be deleted
from this motion and that the sum of $25,000 be substituted.
10 :10 P.M.
Daniel L. McCabe, Chairman of the Capital Expenditures Committee,
said that his committee agreed with the motion of the Appropriation
Committee as presented by Mr. Dailey. They are not against the
purchase of the alarm registers but feel that the expenditure
should be put off for two years - for the FY 87 budget.
10 :11 P.M.
Fire Chief John Bergeron answered many questions and showed slides
to aid in his explanation.
Mr. Dailey''s motion to amend was declared lost by voice vote.
10:22 P.M.
Main motion as presented by Mr. Sacco adopted by voice vote.
10:22 P.M.
Article 52. LIBRARY COMPUTER
Presented by Frederick C. Frick.
(As MOTION: That the sum of $150,000 be appropriated for a computerized
adopted) circulation system at Cary Memorial Library, and that such amount be
raised in the tax levy.
10:23 P.M.
Mr. Frick gave an explanation of the proposal and of the need. He
is the Chairman of the Citizens Advisory Committee to the Library
and as such urged support of this motion adding that it is a one
time expenditure. 10:30 P.M.
Richard A. Michelson served notice of reconsideration of Article 51. 10:30 P.M.
Article 52. Michael J. O'Sullivan and Jacquelyn H. Ward voiced the support of the
(Cont.) Appropriation Committee and the Capital Expenditures Committee respectively.
10:34 P.M.
Main motion as presented by Mr. Frick declared adopted unanimously.
10:34 P.M.
A.>
(Adjourned Session of the 1984 Annual Town Meeting - May 9, 1984 r at-
Margery M. Battin moved that this meeting be adjourned to Monday, May 14,
1984 at 8 P.M. in Cary Memorial Hall.
Adopted unanimously. 10:34 P.M.
A true copy.
Attest:
8 n c: J
Mary R. McDonough, Town Clerk
ADJOUR SESSION OF THE 1984 ANNUA TOWN ME ETING
MAY 14, 1984
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 8:10 P.M.
There were 181 Town Meeting Members present.
Invocation presented by the Rev. Martin U. McCabe, Pastor of the Sacred
Heart Church. 8:12 P.M.
Article 2. Paul W. Marshall told the meeting that when Articles 53 and 54
come before the meeting that he would move that they be tabled.
They would then proceed to Articles 55 through 67.
8:14 P.M.
Shepard Anthony Clough, Chairman of the School Committee, filed
the report on Article 46 of the 1983 Town Meeting which provided
$50,000 for the purchase of modems and related equipment which
allowed the school and a selected town site to communicate with the
school district's DEC 11/70 minicomputer. For the school committee,
he acknowledged the support of several groups in the town.
8:17 P.M.
Article 53. TOWN COMPUTER SYSTEM
Paul W. Marshall moved to table Article 53. (See Pages 372 & 373)
Adopted unanimously. 8:17 P.M.
Article 54. TELEPHONE SYSTEM
Paul W. Marshall moved to table Article 54. (See Pages 373 & 374)
Adopted unanimously. 8:17 P.M.
'.All (Adjourned Se ssio n of the 1984 A Town Meeting - Ma 14, 1984.)
Article 55. INSPECTION MICROFILM PROGRAM
Presented by Paul W. Marshall.
MOTION: That the sum of $18,000 be appropriated for a microfilm
program in the Inspection Department, and that such amount be
raised in the tax levy.
Adopted unanimously. 8:19 P.M.
Article 56. HANDICAPPED IMPROVEMENTS -
CARY MEMORIAL BUILDING
Presented by Margery M. Battin.
MOTION: That the sum of $60,000 be appropriated for making
renovations for handicapped access to Cary Memorial Hall, and to
raise such amount, $60,000 be transferred from the Reserve Fund -
Overlay Surplus.
8 :20 P.M.
Mrs. Battin explained that this appropriation is to design and
construct a handicapped entrance to Cary Hall and also to construct
a handicapped toilet facility. 8 :21 P.M.
Adopted unanimously. 8 :21 P.M.
Margery M. Battin stated that she would now resubmit Article 13 to the town
meeting as voted at the April 4, 1984 session of this meeting. (See Page 296)
Article 1.3. BY -LAW AMENDMENT -
VISIBILITY AT INTERSECTIONS
Margery M. Battin moved that Article 13 be indefinitely postponed.
Adopted unanimously. 8:25 P.M.
Article 57. SENIOR CENTER
Presented by Robert F. Sacco,
MOTION: That the sum of $50,000 be appropriated to purchase
furniture for the Senior Center, and to raise such amount, $50,000
be transferred from the Reserve Fund - Overlay Surplus.
8:25 P.M.
William J. Dailey, Jr. said that the Appropriation Committee
recommended favorable action as did the Capital Expenditures
Committee according to Daniel. L. McCabe. 8:25 P.M.
Adopted unanimously. 8:25 P.M.
Article 58. CONSERVATION LAND TRANSFER
Presented by Angela E. Frick.
MOTION: That the Selectmen be authorized to convey Lot 216 on
Assessors' Property Map 72 to Joseph J. Murphy and Marjorie P.
Murphy on such terms as they may determine, and that the Selectmen
be and they hereby are authorized to petition the General Court for
an act to permit such conveyance.
8:26 P.M.
Mrs. Frick explained that none of this land is developable.
Adopted unanimously. 8:28 P.M.
Article 59. (See Pages 337 -340_ Pages 374 -380.)
(Adjourned Session of the 1984 Annual Town Meeting - May 14, 1984.) 307' 0
Sam V. Nablo moved that Article 63 be taken up at this time.
Adopted unanimously. 8:29 P.M.
Article 63. PURCHASE AND CONSTRUCTION OF LIGHTING FOR
CENTER #2 SOFTBALL FIELD
Presented by Sam V. Nablo.
MOTION: That this article be indefinitely postponed.
Adopted by voice vote. 8:30 P.M.
Sam V. Nablo moved for reconsideration of Article 63. 8:30 P.M.
Mr. Nablo gave an explanation and spoke of the long range plan of the Recreation
Committee. 8:40 P.M.
Mr. Nablo's motion to reconsider Article 63 was unanimously defeated.
8:41 P.M.
Article 60. DEVELOPMENT OF LINCOLN STREET
RECREATION AREA
Presented by Carolyn C. Wilson.
(Not MOTION: That the sum of $20,000 be appropriated to conduct a
adopted) feasibility study and test borings for the development of the Lincoln
Street Recreation Area as determined by the Recreation Committee with
(See
the approval of the Selectmen, and to raise such amount, $20,000 be
Page 381 transferred from the Reserve Fund - Overlay Surplus.
for motion 8:42 P.M.
as
adopted) At Mrs. Wilson's request, Recreation Committee Member Robert N. Eby
was recognized. Mr_. Eby voiced his concern in regards to the fields
in the town which are greatly overused. He told the meeting that
the Lincoln Street field was formerly the town dump from 1920 until
it was closed in 1963. The site is uneven and pot - holed. There are
two softball fields and one soccer field.
Anthony G. Galaitsis was recognized and, with the aid of slides,
told of the need and conditions of some of the fields. 8:53 P.M.
James E. Barry questioned the validity of the soil tests and said
that he would rather spend the money on the field itself.
8:55 P.M.
Ephraim Weiss, speaking against the motion, said that the land is
not stable and will not be stable for many years. 9 P.M.
William J. Dailey, Jr. said that the Appropriation Committee does
not recommend favorable action. They question how it will be funded
when the final plans are brought in. He admits that the fields need
maintenance and repair and feels that the money would be more wisely
spent if it was used for other fields. 9:05 P.M.
Paul W. Marshall said that the Selectmen unanimously supported this
motion. He added that they would be buying information as it is an
engineering study. 9:10 P.M.
Shepard Anthony Clough voiced the unanimous support of the School
Committee. 9:17 P.M.
Selectman John F. McLaughlin, speaking in favor, said that we should
do the study so that we can finally stop talking about it. The town
should know then whether it is developable or not. 9:24 P.M.
t� 6 (Adjourned Session of the 1984 Annual Town Meeting - May 14, 1984.)
Article 60. In speaking of the poor shape of the soccer fields, Laura F.
(Cont.) Nichols said that the town has chosen very bad sites for fields.
She would .rather have them find some high dry. land and build some
new fields. 9:25 P.M.
In response to a question by William W. Welch, Jr., Town Engineer
Frank Fields answered that they do not have any analysis of ground-
water or hazardous waste. 9:26 P.M.
Daniel L. McCabe said that the Capital Expenditures Committee has
recommended the $20,000 appropriation for this year but would not
recommend any future spending until all of the fields have been
brought up to standard. 9:27 P.M.
There was general discussion and many questions raised by many of
the members.
Voice vote on Mrs. Wilson's motion was doubted by the Moderator so
he asked for a standing vote with the following results:
Precinct In Favor Tellers Opaosed
1 2 Nancy L. Barter 15
2 11 Karen,A. Docks 8
3 2 Marian C. Reilly 16
4 8 Peter C. J. Kelley 5
5 2 Julie F. Triessl 13
6 11 John S. Willson 6
7 5 Clarice B. Gordon 8
8 2 Benjamin H. Golini 13
9 13 L. Gail Colwell 7
At Large 18 John R. Campbell 10
Totals 74 101
Motion, as presented by Mrs. Wilson, was not adopted. 9:37 P.M.
Sam V. Nablo served notice of reconsideration of Article 60. 9:37 P.M.
(See Pages 381 & 382)
Article 61. CLARKE TENNIS COURTS
Presented by Leo P. McSweeney.
MOTION: That the sum of $7,500 be appropriated for the repair and
resurfacing of the four tennis courts located at Clarke Jr. High
as determined by the Recreation Committee with the approval of the
Selectmen, and that such amount be raised in the tax levy.
9:38 P.M.
Mr. McSweeney gave a brief description of the project and said that
the work would be supervised by the D.P.W. 9:42 P.M.
Laura F. Nichols asked if there was any peat under the tennis
courts. Mr. McSweeney answered that there was none that they were
aware of.
Adopted unanimously. 9:42 P.M.
Article 62. RECONSTRUCTION OF ADAMS
PLAYGROUND PLAYFIELD
Presented by Carolyn C. Wilson.
(As MOTION: That the sum of $15,000 be appropriated to refurbish the
adopted) playing field area at Adams Playground as determined by the Re-
creation Committee with the approval of the Selectmen, and that such
amount be raised in the tax levy.
9:42 P.M.
(Adjourned Session of the 1984 Annual Town Meeting - May 14, 1984.) '3 6
Article 62. Elaine Dratch asked that Marjorie Daggett be recognized. Mrs.
(Cont.) Daggett spoke -in favor of the motion on behalf of the Lexington
Youth Soccer. 9:46 P.M.
Daniel L. McCabe stated that the Capital Expenditures Committee
had changed their report and now recommended favorable action.
9:46 P.M.
Shepard Anthony Clough voiced the unanimously support of the School
Committee. 9:47 P.M.
Marian C. Reilly asked if the field was used by the Waldorf School
and Mrs. Wilson answered that they use it for gym but not for
competitive teams.
Main motion, as presented by Mrs. Wilson, declared adopted
unanimously. 9:47 P.M.
Article 63. (See Page 367)
Article 64. HOUSING - MORROW CROSSING UNITS
Presented by John P. McLaughlin.
MOTION: That the sum of $120,000 be appropriated to purchase two
units at the Morrow Crossing development, so- called, or equivalent
units, for housing purposes consistent with an agreement entered
into prior to the vote under Article 77 of the warrant for the
1979 Annual Town Meeting, and that such amount be 'raised in the
tax levy. 9:47 P.M.
William J. Dailey, Jr. said that the Appropriation, Committee does
not recommend favorable action on this motion. They feel that the
units should be acquired by a non - profit organization like Lex -Hab.
9:55 P.M.
Mr. McLaughlin urged support of the motion. 9:58 P.M.
Adopted by voice vote. 9:58 P.M.
Article 65. LEXPRESS MINI -BUS TRANSPORTATION SYSTEM
Presented by John C. Eddison.
MOTION: That the sum of $155,000 be appropriated for a local
transportation system, that such amount be raised in the tax levy,
and that the Selectmen be authorized to apply for,', accept and ex-
pend funds from the M.B.T.A. or any other governmental agency in
connection with such local transportation system, and to contract with
a'pr.ivate transit company to provide transportation services. 9:58 P.M.
Mr. Eddison told the meeting that the town would receive a payment
from the M.B.T.A, of $60,000 and he commended the Transportation
Advisory Committee, Sally Castleman as Chairman and Sara Arnold
as coordinator for the devotion and work that has been done by
these people. 10:02 P.M.
Mrs. Castleman stated that the town is completing the first year
of a three year contract and showed statistics with the aid of
slides. 10:05 P.M.
Adopted unanimously. 10:05 P.M.
Article 66. CMARC
Presented by John C. Eddison.
MOTION: That the sum of $5,000.00 be appropriated,to be expended
by the Board of Health under G.L.c. 40s.5 (40C) an d a contract to
be entered into with Central Middlesex Association', for Retarded
Citizens, Inc. ( CMARC), which contract shall provide that the funds
(Adjourned Session of the 1984 Annual Town Meetin � 7 4, 1984.)
Article 66. from the Town shall be earmarked toward a program or purpose
(Cont.) designated by the Board of Selectmen, and that such amount be raised
in the tax levy. 10:06 P.M.
Mr. Eddison said that CMARC provides services to six Lexington
residents at the present time. 10:07 P.M.
Adopted unanimously. 10:07 P.M.
Article 67. HAZARDOUS WASTE COLLECTION
Presented by John C. Eddison.
MOTION: That the sum of $3,000 be appropriated for a contract with
(See a licensed hazardous wastes transport, storage and disposal company
Page to collect and dispose of residential hazardous wastes; that such
371 amount be raised in the tax levy; and that the Selectmen be author -
for ized to select the contractor and to set user fees and take all
adopted other steps necessary to carry out this project.
motion) 10:08 P.M.
Mr. Eddison stated that the Board of Selectmen supported this
motion. 10:09 P.M.
Elizabeth H. Clarke moved to amend by making the following
resolution:
Resolved: That funds for household hazardous waste collection
be henceforth included as an annual appropriation in the Board
of Health budget. 10:10 P.M.
Mr. Eddison said that the Board of Selectmen had no objection to
it being a line item each year but on the other hand it might not
be necessary each year. 10:12 P.M.
Richard A. Michelson urged that it be a separate line item or a
separate article. 10:13 P.M.
James E. Barry supported the motion but does not like the user fees.
10:14 P.M.
Mr. Eddison replied that the first five gallons of hazardous waste
is free but anything over would be charged. 10:15 P.M.
Mr. Barry again stated that he did not like the user fees, not unless
it was for industrial Mr. Eddison answered that the user fees is to
discourage industrial use. 10:16 P.M.
Jacquelyn H. Ward recommended that we vote down this amendment as
this item should be kept separately and voted on each year.
10:17 P.M.
Voice vote on Mrs. Clarke's amendment was doubted by the Moderator
so he asked for a standing vote with the following results:
Precinct In Favor Tellers Opposed
1 5 Nancy L. Barter 10
2 9 Karen A. Dooks 7
3 7 Marian C. Reilly 7
4 5 Peter C. J. Kelley 8
5 3 Julie F. Triessl 10
6 10 John S. Willson 8
7 6 Clarice B. Gordon 6
8 2 Benjamin H. Golini 14
9 8 L. Gail Colwell 10
At Large 12 John R. Campbell 13
Totals 67 93
Mrs. Clarke's motion to amend was not adopted. 10:21 P.M.
(Adjourned Session of the 1984 Annual, Town Meeting - May 14 1 984.) 3 7 6 t
Article 67. Mary W. Miley moved that the following words be added to the end
(Cont.) of the motion:
Hazardous waste collection shall be an article in the annual
town meeting warrant when the selectmen deem it necessary.
10:22 P.M.
Gerald L. Abegg moved to amend the amendment by striking the words
"when the selectmen deem it necessary ". 10:27 P.M.
Mr. Abegg's motion to amend the amendment was declared adopted by
voice vote. 10:28 P.M.
Mrs. Miley's motion to amend, as amended by Mr. Abegg, now reads:
That the following words be added to the end of the motion:
Hazardous waste collection shall be an article in the annual
town meeting warrant.
Mrs. Miley's motion to amend, as amended by Mr. Abegg, was adopted
by voice vote. 10:28 P.M.
James E. Barry moved to amend the motion by striking the words
"by user fees ". 10 :29 P.M.
Mr. Barry's motion to amend was declared lost by voice vote.
10:30 P.M.
Main motion presented by Mr. Eddison, amended by Mrs. Miley and
Mr. Abegg now reads:
(AS MOTION: That the sum of $3,000 be appropriated for a contract with
adopted) a licensed hazardous wastes transport, storage and disposal company
to collect and dispose of residential hazardous wastes; that such
amount be raised in the tax levy; and that the Selectmen be author-
ized to select the contractor and to set user fees and take all
other steps necessary to carry out this project. Hazardous waste
collection shall be an article in the annual town meeting warrant.
Adopted by voice vote. 10:30 P.M.
John C. Eddison moved that this meeting be adjourned to Wednesday, May 16,
1984 at 8 P.M. in Cary Memorial Hall. 10:30 P.M.
Adopted by voice vote. 10:30 P.M.
A true copy.
Attest:
W
Mary R. McDonough, Town Clerk
37
ADJOURNED SESSION OF THE 1 ANN UAL TOWN MEETING
MAY 16, 1984 _
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 8:04 P.M.
There were 183 Town Meeting Members present.
Invocation presented by Rev. John Prusaitis, Associate Pastor of St. Brigid's
Church_ 8:05 P.M.
Margery M. Battin, Chairman of the Board of Selectmen, presented two
teachers who had received Exemplary Teach Awards and read the following
proclamation:
EXEMPLARY TEACHER AWARDS
WHEREAS: Lexington prides itself on being the Birthplace of American
Liberty; and
WHEREAS: Continuation of American democratic government depends upon
an educated electorate; and
WHEREAS: Excellence in education demands excellence in teaching; and
WHEREAS: The Battle Green Chapter, Order of DeMolay, has named Gloria
M. Fitzgerald and Alan M. Cooper as recipients of its 1984
Exemplary Teacher Awards; and
WHEREAS: Gloria M. Fitzgerald and Alan M. Cooper were nominated and
selected for these awards by their peers as symbols of the
qualities most valued in all public school teachers;
NOW THEREFORE: The Town of Lexington commends and thanks Gloria M. Fitz-
gerald and Alan M. Cooper for their exemplary service.
BOARD OF SELECTMEN
8:07 P.M.
Shepard Anthony Clough, Chairman of the School Committee, saluted the
teachers and expressed appreciation for their efforts. 8:10 P.M.
Both teachers received a standing ovation from the meeting. 8:10 P.M.
Article 2. Margery M. Battin listed the articles in the order that the
Selectmen planned to present them. 8:12 P.M.
In answer to a request by Robert I. Rotberg, Robert M. Hutchinson,
Jr., Town Manager said that he would have the welcome to Town of
Lexington signs that are at the different entrances to town checked
and that he would report back to the Board of Selectmen. Mr. Rotberg
felt that they should be clearer. 8 :12 P.M.
John F. McLaughlin moved that Article 53 be taken from the table.
(See Page 365) Adopted unanimously. 8:12 P.M.
Article 53. TOWN COMPUTER SYSTEM
Presented by John F. McLaughlin.
(AS MOTION: That the sum of $250,000 be appropriated for the purchase
adopted) and /or lease of computer equipment and related supplies and services,
and that such amount be raised in the tax levy.
8:13 P.M.
Mr. McLaughlin gave a brief explanation of the proposal and asked
that Dr. David Gilbert, Vice President of Strategic Information be
recognized. Dr. Gilbert, a member of the Data Processing Advisory
Task Force, gave a history of the Task Force. With the aid of
slides, Dr. Gilbert showed the Committee activities, Review and
Analysis, Current Account and Information Environment, Committee
Recommendations etc. As to personnel impacts, he said that there
will be no reduction in head count. He reviewed costs and savings.
8:42 P.M.
(Adjourned Session of the 1984 Annual Town Meeting - May 16, 1984.) 7 '1
Article 53. Margaret N. Brooke voiced concern over lack of information on this
(Cont.) proposal, mainly regarding the report of the committee. The Town
Manager answered that all meetings of the committee were public
meetings and that the report had been available for anyone who
wished to see it. 8:43 P.M.
John Orin Hayward had presented a list of questions for clarifica-
tion, prior to the meeting, and Dr. Gilbert went down the list and
answered them, sometimes with aid from the Town Manager. At one
point Mr. Hayward voiced his displeasure with the order of the
answers to his ten questions and because of the many times that he
had arisen, with no other member being recognized, Paul W. Marshall
raised a point of order. The Moderator ruled that Mr. Hayward was
out of order and that he would recognize other members, and, after
they had spoken, he would recognize Mr. Hayward again if he wished
to speak. 8:57 P.M.
Michael J. O'Sullivan and Daniel I. McCabe voiced the support of the
Appropriation Committee and the Capital Expenditures Committee
respectively. 8:59 P.M.
Many questions were raised but were ably answered by Dr. Gilbert
and the Town Manager. 9:16 P.M.
Elaine Dratch moved the previous question which was declared
adopted by voice vote. 9:16 P.M.
Main motion as presented by Mr. McLaughlin was declared adopted
unanimously. 9:17 P.M.
Paul W. Marshall moved that Article 54 be taken from the table.
(See Page 365) Adopted unanimously. 9:17 P.M.
Article 54. TELEPHONE SYSTEM
Presented by Paul W. Marshall.
(AS MOTION: That the sum of $116,000 be appropriated to convert the
adopted) existing telephone system in public buildings to a new system, and
that such amount be raised in the tax levy.
9:17 P.M.
Mr. Marshall gave an explanation of .the proposal showing needs,
costs etc. 9:23 P.M.
Robert M. Hutchinson, Jr., Town Manager, told the meeting that all
of the proposals that they had received had the first year mainten-
ance free. He said that the vendor with the best proposal was
Nynex and the equipment to be used was GTE. 9:25 P.M.
Michael J. O'Sullivan said that the Appropriation Committee
supported this article with the $116,000 appropriation. 9:27 P.M.
According to Mr. Marshall, there was a question whether there would
be one or two switchboards (one in the school department and one in
the town office building) but they were leaning toward the one
switchboard as it would be more cost effective. 9:28 P.M.
Julian J Bussgang expressed concern if we go to the lowest cost
system as it could cost more money in the end. The lowest is not
always the best. 9:30 P.M.
Mr. Marshall said that the selection was based on six vendors with
the Town Manager as the decision maker. In the future this system
could tie into the cable system. 9:31 P.M.
In answer to a question by Donald B. White, the Town Manager said
that the original amount of $30,000 was put in as they had no idea
what the system would cost. Having worked with the figures he said
that he would now insert the figure of $116,000. 9:33 P.M.
_(Adj ourned Session of the 1984 Ann To wn Meeting - .. May 1 6, 19 84_)
Article 54. Answering Robert I. Rotberg, Mr. Hutchinson said that there would
(Cont.) not be direct lines to the various departments as it would not be
cost effective. 9:35 P.M.
Daniel L. McCabe said that the Capital Expenditures had questioned
the original request for $30,000 and were definitely questioning
the new request for $116,000.but would support it. 9:35 P.M.
Main motion as presented by Paul W. Marshall was declared adopted
by voice,vote. 9:36 P.M.
The Moderator introduced Donald McKenzie, Moderator of the Town of Acton;
but who was attending the meeting as a representative of Nynex. Mr. McKenzie
said that he had been impressed with the meeting to this point and picked up
some pointers from Moderator Cole that he would use at the Acton town meetings.
9:37 P.M.
Frank Sandy moved reconsideration of Article 59. (See Page 340) 9:37 P.M.
Moderator Lincoln P. Cole, Jr. said that he would not vote on Article 59 nor_
would he preside and immediately turned the meeting over to Town Counsel, Norman
P. Cohen who presided as Temporary Moderator through the final vote on Article 59.
9:38 P.M.
Frank Sandy spoke in favor of reconsideration as did David G. Williams and
Francis W. K. Smith, both members of the Conservation Commission. Mr. Williams
spoke of a joint meeting held last Saturday morning with the owners, Board of
Selectmen, Conservation Commission, Appropriation Committee, Capital Expenditures
Committee and the School Committee. He said that the owners would not sell to
the town if they do not have the fifty year lease, no matter what the price.
Mr. Smith showed a slide to identify the location of the property in question.
9:52 P.M,
School Committee member urged reconsideration of Article 59, mainly that
more information could be gained. 9:53 P.M.
After discussion, Mr. Sandy's motion for reconsideration of Article 59 was
adopted by voice vote. 10:08 P.M.
Article 59. (See Pages 337 - 340) CONSERVATION LAND PURCHASE
Norman P. Cohen read the motion as presented by Francis W. K.
Smith and amended by Paul W. Marshall at the April 30, 1984
session of this meeting:
MOTION: (a) That the Conservation Commission be authorized to
purchase or otherwise acquire, and the Selectmen be authorized to
(Not take by eminent domain, upon the written request of the Conserva-
adopted) tion Commission, for conservation purposes including outdoor
recreation as provided by Section 8C of Chapter 40 of the General
Laws, any fee, easement or conservation restriction as defined in
Section 31 of Chapter 184 of the General Laws or other interest in
all or any part of the land shown as Lots 63, and 68 on Assessors'
Property Map 66, now or formerly of Pine Meadows Country Club, Inc.;
that the town acquire Lot 64 on Assessors' Property Map 66 for
general town purposes including recreation, road and housing purposes;
that the sum of $1,850,000 be appropriated for such land acquisi-
tion and that to raise such amount the Treasurer with the approval
of the Selectmen be authorized to borrow $1,850,000 under G.L. c.44
s.7;
(b) That the Selectmen be and they hereby are authorized to lease
said Lot 63, a portion of Lot 64 and any contiguous land necessary
for the operation of a golf course, in order to continue the use of
the land as a golf course, for a period of fifty years and on such
other terms as the Selectmen may determine;
(c) That the Selectmen be and they hereby are authorized to petition
the General Court for an act to permit the Town to finance and carry
out this project. 10:10 P.M.
375 (Adjourned Session of the 1984 Annual Town Meeting - May 16, 1984 . r�g�
Article 59. Francis W. K. Smith moved that the motion under Article 59 be
(Cont.) amended by striking the words "a portion of Lot 64" from
paragraph (b) .
Adopted by voice vote. 10 :13 P.M.
Marshall J. Derby moved that the motion under Article 59 be amended
by adding at the end: "No bond or other debt financing instrument
will be used to finance the purchase of the land in this Article
unless all principal and interest payments of said debt instrument
are outside the town spending limitation imposed by Proposition
2 1/2 ". 10:15 P.M.
Mr. Derby said that if his amendment is defeated that he urged
defeat of the main motion. 10:17 P.M.
Julian J. Bussgang said that if we used free cash there would be
no problem but the Town Manager said that after the conclusion of
this meeting, with the deductions from free cash, there would be
very little money left., 10:18 P.M.
William J. Dailey, Jr. said that it will be the desire of the
Appropriation Committee to defeat this motion, 10:20 P.M.
Mr. Derby's motion to amend was declared lost by voice vote.
10:22 P.M.
Donald D. Wilson asked if there was a current abatetment on this
property and Mr. Smith answered in the affirmative. Mr. Wilson
brought up Chapter 61B and its consequences and how it would affect
this property. 10:23 P.M.
Anthony L. Mancini said that the owners of this property do not
want to sell the land and also discussed Chapter 61B, reading
sections of the chapter. 10:28 P.M.
Paul Riffin wanted to go on record as supporting this article and
he asked for a roll call vote when the vote is taken. More than
fifty members stood in agreement with this request so the Moderator
stated that the vote would be taken by a call of the rolls.
10:29 P.M.
Selectmen John F. McLaughlin spoke in opposition and said that he
felt that "it is a lousy deal ". 10:38 P.M.
Peter Staecker of 167 Cedar Street, a resident for eleven years,
spoke from the balcony urging support of the article. He gave the
results of a poll that he had taken in the neighborhood: 83 in favor,
one against and one didn't care. 10:41 P.M.
James Cataldo moved the previous question which was declared lost by
voice vote. 10.42 P.M.
Daniel A. Lucas suggested that there could be private donations made
from the people in Lexington to purchase this land. 10:42 P.M.
Sandra J. Shaw spoke in support and Patricia A. Swanson reiterated
Mr. Mancini's statement that the owners do not want to sell.
10:49 P.M.
Jacquelyn H_ Ward, although she stated that she supported conserva-
tion, urged defeat of this motion. 10:51 P.M.
Albert P. Zabin, speaking in favor, said that if we do not buy the
land that it will be developed. 10 :57 P.M.
4j� (Adjourned Session of the 1984 Annua Town Meeting - May 16, 1984.)
Article 59. George A. Burnell moved that at the end of (b) the following words
(Cont.) be added:.
provided that any lease, including renewals, of the property be
limited to a total of no more than fifty (50) years.
Lost by voice vote. 11:05 P.M.
William T. Spencer asked whether the owners wanted to sell or not.
Mr. Smith said that they are willing to sell but not in going out
of business. If the town does not buy the land, they will sell.
11:09 P.M.
Thomas E. Fortmann said that if we don't buy this land tonight,
that it will be a real tragedy for the town. 11:10 P.M.
William J. Dailey, Jr. stated that the Appropriation Committee
recommended unfavorable action. He added that long term bonding is
not the answer. The land is taxed under Chapter 61B. He said that
the deal is monstrous from a financial aspect. 11:22 P.M.
Daniel L. McCabe voiced the opposition of the Capital Expenditures
Committee. 11:26 P.M.
Donald B. White spoke against the proposal. 11:29 P.M.
Mary W. Miley moved the previous question which was declared adopted
by voice vote. 11:31 P.M.
The roll call vote on the main motion presented by Francis W. K.
Smith, amended by Paul W. Marshall and Mr. Smith was taken by the
Town Clerk, Mary R. McDonough, starting at 11:32 P.M. and
completed at 11:40 P.M. The final tally was completed at 11:45 P.M.
with the following results:
(Final result announced by the Temporary Moderator at 11:45 P.M.)
ROLL CALL VOTE O MAIN MOTION AS AMENDED UNDER ARTICLE 59
PREC INCT ONE YES NO ABSTAINED ABSENT
Joel A. Adler x
Nancy M. Adler x
James E. Barry x
Lois J. Barry x
Nancy L. Barter x
Robert E. Breslin x
Sheila Busa- Tassonc x
James Cataldo x
James A. Cataldo x
Chang Chih Chao x
Sheila Clemon -Karp x
David F. Eagle x
Nancy C. Gordon x
Patricia K. Hagedorn x
Ronald. Levy x
Laurel A. Macauda x
John W. Maloney x
Barry E. Sampson x
James S. Wilson x
Albert P. Zabin x
Judith L. Zabin x
TOTALS 9 11 0 1
h F
(Adjourned Session of the 1984 Annual Town Meeting - May 16, 1984.) "3
Article 59. ROLL CALL VOTE ON MAIN MOTION AS AMEN UNDER ARTIC 59 (CON T.)
(Cont.)
P RECINCT TWO YES NO ABSTAINED ABSENT
Elizabeth H. Clarke x
Eric T. Clarke x
Karen A. Dooks x
Leonora K. Feeney x
Casimir R. Groblewski x
Daniel A. Lucas x
Lillian T. MacArthur x
Barry H. Marshall x
Michael J. O'Sullivan x
Elizabeth H. Pressman x
Vicky L. Schwartz x
George S. Silverman x
Arthur C. Smith x
John J. Walsh x
Christina J. Welch x
William W. Welch, Jr. x
William S. Widnall x
Lynda A. Wik x
Alan B. Wilson x
Carolyn C. Wilson x
Donald D. Wilson x
TOTALS 7 12 0 2
PRE CINCT T HREE
Phyllis Aaronson x
Donald H. Briggs, Jr. x
Joy C. Buchfirer x
John P. Carroll x
Jacqueline B. Davison x
Suanne C. Dillman x
Elizabeth M. Flynn x
Jean Gaudet x
Erna S. Greene x
Gloria V. Holland x
Donna M. Hooper x
Marjorie K. Madoff x
Francis P. McCarron x
John J. McWeeney x
James P. Reilly x
Marian C. Reilly x
Paul V. Riffin x
Robert I. Rotberg x
Francis W. K. Smith x
Jacquelyn R. Smith x
Richard W. Souza x
TOTALS 14 6 0 1
PRECI FOUR
Gerald L. Abegg x
Nyles Nathan Barnert x
Julian J. Bussgang x
Stephen B. Cripps x
William J. Dailey, Jr. x
Dan H. Fenn, Jr. x
Angela E. Frick x
Frederick C. Frick x
Katherine G. Fricker x
Martin A. Gilman x
Georgia S. Glick x
Peter C. J. Kelley x
Daniel. L. McCabe x
Gale H. Nill x
Richard F. Perry x
Margaret F. Rawls x
(Adjou Session of the 1984 Annual Town Meet - May 16, 1984.)
Article 59. ROLL CALL V OTE ON MAIN MOTION AS AMENDE UNDER ARTICLE 59. (CONT.)
PRECINCT F OUR (Cont.) YES NO ABSTAINED ABSENT
Sandra J. Shaw x
Karsten Sorensen x
Ruth S. Thomas x
Judith J. Uhrig x
Martin K. White x
TOTALS 15 5 0 1
PRECINCT FIVE
Florence A. Batur_in x
Howard Cravis x
Wallace Cupp x
Marshall J. Derby x
Guy W. Doran x
Jonathan P. Doran x
Elaine Dratch x
William M. Fraser x
Joseph F. Gilbert, Jr. x
Paul E. Hamburger x
John Orin Hayward x
Leona W. Martin x
Stephen W. Miller x
Paul Newman x
Madeline A. Shaughnessy x
Edgar R. Stuhr x
Patricia A. Swanson x
Julie F. Triessl x
Ephraim Weiss x
David G. Williams x
Mary Kathryn Wolf x
TOTALS 11 8 0 2
PRECINCT SIX
Earl F. Baldwin, Jr. x
Margaret N. Brooke x
Levi G. Burnell x
John F. Downey, Jr. x
George E. Foote x
Thomas E. Fortmann x
Michael W. Golay x
Elizabeth C. Haines x
Florence Koplow x
Alan J. Lazarus x
Judith B. Marshall x
Ruth Joyce Nablo x
Sam V. Nablo x
Setha G. Olson x
Edith Sandy x
Frank Sandy x
Susan S. Solomon x
William T. Spencer x
Donald B. White x
Lisabeth M. White x
John S. Willson x
TOTALS 11 7 0 3
(Adjourned Session of the 1984 Annual Town Meeting - May 10, 19 84.) 1 1 �
Article 59. R OL L CALL VOTE ON MAIN MOTION AS AMENDED UNDER ARTICLE 59. (Cont.)
(Cont.)
PRECINCT SEVEN YES NO ABSTAINED ABSENT
Esther S. Arlan x
Elizabeth M. Barabush x
George A. Burnell x
John R. Campbell x
Sally T. Castleman x
Renee T. Cochin' x
Manfred P. Friedman x
Winifred L. L. Friedman x
Lloyd Gilson x
Clarice B. Gordon x
Martin L. Hagerty x
Walter N. Leutz x
Mary W. Miley x
William J. Scouler x
John E. Taylor x
Jacquelyn H. Ward x
John E. Ward x
Graydon M. Wheaton x
Iris G. Wheaton x
Richard B. Welk x
Martha C. Wood x
TOTALS 10 9 0 2
PRECINCT EIGHT
Richard H. Battin x
Roger F. Borghesani x
Charles E. Connolly, Jr. x
Florence E. Connor x
William P. Fitzgerald x
Elizabeth G. Flemings x
Suzanne S. Frank x
Ione D. Garing x
Benjamin H. Golini x
William E. Maloney, Jr. x
Anthony L. Mancini x
A. Patricia McCabe x
James M. McLaughlin x
Richard A. Michelson x
Laura F. Nichols x
Susan G. Plumb x
Jack Sarmanian x
Anne R. Scigliano x
Richardson C. Smith x
Carolyn H. Tiffany x
Stanley E. Toye x
TOTALS 11 7 0 3
PRECINCT NI
Alice J. Adler x
Kenneth O. Alves x
Gordon E. Barnes, Jr. x
Jacqueline P. Bateson x
Jane P. Buckley x
L. Gail Colwell x
Ronald W. Colwell x
Louis E. Conrad x
Margaret E. Coppe x
Anna P. Currin x
Neil Gray x
Deborah B. Green x
(Adjourned Session of the 1984 Annu To wn Meeting - May 16, 1984.)
Article 59. RO LL CALL VOTE ON MAIN MOT AS AME NDED UNDER A 59. (Cont.)
(Cont.)
-.._ _
PRECINCT NINE (Co nt.) YES NO ABSTAI ABSENT
William P. Kennedy x
Eleanor H. Klauminzer x
Paul E. Mazerall x
Leo P. McSweeney x
Janet Perry x
Richard M. Perry x
Susan J. Ricci x
James J. Scanlon x
Stanley S. Wallack x
TOTALS 10 10 0 1
TOWN MEETING MEMBERS AT LARGE
Margery M. Battin x
Shepard Anthony Clough x
Norman P. Cohen x
Lincoln P. Cole, Jr. x
Stephen W. Doran x
John C. Eddison x
Paul W. Marshall x
Mary R. McDonough x
John F. McLaughlin x
Robert F. Sacco x
TOTALS 4 3 3 0
TOTAL TALLY OF ROLL CA LL VO
PRECINCT YE NO ABSTAINED ABSENT TOTALS
1 9 11 0 1 21
2 7 12 0 2 21
3 14 6 0 1 21
4 15 5 0 1 21
5 11 8 0 2 21
6 11 7 0 3 21
7 10 9 0 2 21
8 11 7 0 3 21
9 10 10 0 1 21
At Large 4 3 3 0 10
TOTALS 102 78 3 16 199
The Temporary Moderator declared that the main motion as amended
was not adopted as less than the required two - thirds voted in favor.
11:45 P.M.
Article 2. Margery M. Battin said that the Planning Board requested that the
surveys as passed out this evening should be returned to the Planning
Board as soon as possible. 11:45 P.M.
Margery M. Battin moved that this meetinq be adjourned to Monday, May 21,
1984 at 8 P.M. in Cary Memorial Hall. This motion was adopted by voice vote.
11:46 P.M. «�-
A true copy.
Attest:
Mary R. McDonough, Town Clerk
T ( i
ADJOURNED SESSION OF T 1984 ANNUAL TOWN MEETING
MAY 21, 1984
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8:10 P.M. in Cary Memorial Hall.
There were 169 Town Meeting Members present.
Invocation presented by Reverend Msgr. John P. Koilty, St. Brigid's
Church. 8:11 P.M.
A formal recess was declared.
Richard A. Kraus, Senator in General Court from the Fourth Middlesex
District, was recognized and honored the sixteen semi - finalists of the
Lexington National Merit Scholarship awards. The following students were
presented their certificates by Mr. Kraus as their names were read:
Robert I. Adler Arnold H. Lee
Jennifer A. Carle Eugene E. Lee
Harry A. Chomsky Toby S. Lewis
Jason 0. Dirks Jonathan F. Putnam
Dana T. Goldman Oran Rosenthal
Sheba L. Grossman Amy Schur
Peter N. Ireland Frank Vittimberga
John F. Kurtz Bruce K. Yap
The students were given a standing ovation by the meeting. 8:16 P.M.
Article 2. Margery M. Battin listed the articles the Selectmen planned to
be presented. 8 :20 P.M.
Sam V. Nablo moved for reconsideration of Article 60. (see page 367) 8:21 P.M.
Mr. Nablo spoke in favor of reconsideration and asked that Dr. Thomas K.
Liu, a resident and chemical engineer knowledgeable in rehabilitation of
landfills, be recognized to review technical considerations of using the
Lincoln Street playing fields. 8:26 P.M.
Carolyn C. Wilson of the Recreation Committee spoke in favor of recon-
sideration. She asked that Ralph V. Lord, Jr., Director of Athletics at
Lexington High School be recognized. Mr. Lord spoke on the advantages of
having the playing fields in good condition and also having them available
for the students to use.
Ephraim Weiss spoke against reconsideration. After discussion and several
questions of Dr. Liu, Ione G. Garing moved the previous question, which was
adopted by voice vote. 8:45 P.M.
Voice vote of reconsideration of Article 60 was doubted, a standing vote
was taken with the following results:
Precinct In Favor Tellers Opposed
1 2 Nancy L. Barter 13
2 12 Karen A. Dooks 7
3 6 Marian C. Reilly 9
4 8 Peter C. J. Kelley 2
5 3 Julie F. Triessl 9
6 15 John S. Willson 0
7 4 Winifred L. L. Friedman 10
8 12 Benjamin H. Golini 4
9 13 L. Gail Colwell 6
At Large 20 Michael J. O'Sullivan 5
Totals 95 65
Mr. Nablo's motion for reconsideration was adopted. 8:50 P.M.
Article 60. DEVELOPMENT OF LINCOLN STREET
RECREATION AREA
(As presented by Carolyn C. Wilson. See page 367)
MOTION: That the sum of $20,000 be appropriated to conduct a
feasibility study and test borings for the development
of the Lincoln Street Recreation Area as determined by
(As adopted) the Recreation Committee with the approval of the
Selectmen, and to raise such amount, $20,000 be trans-
ferred from the Reserve Fund - Overlay Surplus.
8:50 P.M.
e� 8
(Adjourned Session of the 1984 Annual Town Meeting - May 21, 1984.)
Article 60. William J. Dailey stated that the appropriation Committee recommended
(cont.) unfavorable action. Paul W. Marshall speaking for the Board of
Selectmen stated the Board unanimously supports this article. Daniel L.
NtCabe for the Capital Expenditures Committee feels the project should
be studied and that committee is in favor of the article. 8:58 P.M.
After discussion concerning the hazardous waste effect on the playing
fields and more questions directed to Dr. Liu, Margaret E. Coppe
moved the previous question, which was adopted. 9:07 P.M.
Main motion as presented by Mrs. Wilson declared adopted.by voice vote.
------- 9:09 P.M.
Article 2. Jacquelyn R. Smith moved that the Planning Board's report on the Housing
Policy Resolution as Adopted by the 1979 Annual Town Meeting be accepted
and placed on file. Also the Planning Board's Summary Report: Volume 1
HOUSING be accepted and placed on file. Adopted. 9:11 P.M.
Eleanor FL Klauminzer spoke to the Town Meeting Members regarding a
housing questionnaire and asked that the members fill out the ques-
tionnaire and return as soon as possible. 9:16 P.M.
Eric C. Clarke moved reconaid.eration of Article 24. (See page .355).
9:17 P.M.
Mr. Clarke asked the Moderator to recognize Gregory Muzzey of Temple, Barker
and Sloane to show slides of changes made to original plans, eliminating the
penthouse and air conditioners from the roof. 9:22 P.M.
Jonathan P. Doran spoke unfavorably and urged defeat of reconsideration. 9:24 Y.M.
Jacqueline B. Davison requested that the Moderator recognize people in the
balcony to speak on reconsideration. Caleb Warner, Elliot Cox, Suzanne Owen
and Louise Kava all urged town meeting to defeat reconsideration of this article.
Jack Sarmanian, town meeting member from precinct 8 urged defeat also. 9:34 P.M.
Question on reconsideration was doubted so a standing vote was taken with
the following results:
Precinct In Favor Tellers Opposed
1 8 Nancy L. Barter 8
2 13 Karen A. Docks 6
3 1 Marian C. Reilly 14
4 2 Peter C. J. Kelley 8
5 5 Julie F. Triessl 9
6 9 John S. Willson 7
7 4 Winifred L. L. Friedman 12
8 3 Benjamin H. Golini 11
9 9 L. Gail Colwell 8
At Large 23 Michael J. O'Sullivan 2
Totals 77 85
Motion to reconsider defeated. 9:37 P.M.
Martin L. Hagerty moved reconsideration of Article 44. (see page 361).;:` -
9:44 P.M.
Mr. Hagerty proceeded to speak in favor of reconsideration. Mrs. Battin stated
that the Board of Selectmen urges not reconsidering this article. She realizes
that the situation on Bedford Street is not ideal - people who live on Bedford
Street want a frontage road. 9:47 P.M.
Elizabeth M. Barabush rose with a list of residents that do not want the Bedford
Street project but want the Hartwell connector. She asked the Moderator to
recognize Myron Miller., a former town meeting member of precinct 7 to speak in
favor of reconsideration. 9:54 P.M.
Sally Castleman stood in objection to the change in plans for Bedford Street.
Ephraim Weiss and Marian Reilly rose in favor of reconsideration.
Q ( 3
(Adjourned Session of the 1984 Annual Town Meeting - May 21, 1984)
Article 44. (reconsideration cont.)
Judith Uhrig said that the Planning Board does not favor reconsideration. 9:59 P.M.
Alan J. Lazarus asked if we were committed to a definite plan. Mrs. Battin
stated that we were not committed to a definite plan. 10:03 P.M.
Time for debate having expired, a voice vote to reconsider was doubted. 10:09.:P.M.
A standing vote was taken with the following results:
Precinct In Favor Tellers Opposed
1 5 Nancy L. Barter 8
2 5 Karen A. Docks 14
3 11 Marian C. Reilly 4
4 4 Peter C. J. Kelley 6
5 11 Julie F. Triessl 2
6 1 John S. Willson 13
7 16 Winifred L. L. Friedman 1
8 10 Benjamin H. Golini 2
9 11 L. Gail Colwell 7
At Large 7 Michael J. O'Sullivan 19
Totals 81 76
Reconsideration prevails. 1O:10 P.M.
Article 44. (As presented by Mrs. Battin. See page 361.) (See page 384 for motion as adopted.)
Renee T. Cochin moved that the motion be amended to add at the end thereof
the following:
"provided that no funds may be expended for use in
connection with planning for or reconstruction of
Bedford Street."
10:11 P.M.
Mrs. Battin urged defeat of this amendment. She asked that Walter J.
Tonaszuck be recognized with traffic projections on Bedford Street and
Hartwell Road. 10:19 P.M.
After much discussion a voice vote on the amendment was doubted. 10:29 P.M.
A standing vote was taken with the following results.
Precinct In Favor Tellers opposed
1 5 Nancy L. Barter 8
2 2 Karen A. Docks 16
3 8 Marian C. Reilly 5
4 2 Peter C. J. Kelley 8
5 9 Julie F. Triessl 4
6 0 John S. Willson 16
7 14 Winifred L. L. Friedman 2
8 6 Benjamin H. Golini 8
9 4 L. Gail Colwell 13
At Large 1 Michael J. O'Sullivan 24
Totals 51: 104
Mrs. Cochin's amendment defeated.10:32 P.M.
Sally Castleman spoke against Article 44 stating that the plan is not right.
She submitted an amendment which was declared out of order. 10:49 P.M.
A recess was declared to work on Mrs. Castleman's amendment. 10:49 P.M.
After reconvening, and more discussion, Mrs. Castleman moved that
Article 44 be amended by adding the following resolution at the end thereof:
"Be it resolved that it is the sense of this Town Meeting
that it is opposed to the currently proposed Bedford St.
roadway improvements or any plan which cuts off access to
and from Eldred St."
Adopted. 10:56 P.M.
38 4
(Adjourned ses of the 1984 Annual Town M eeting - May 21, 1984
Article 44.
(cent.)
William J. Maloney moved previous question. Adopted by voice vote. 10:56 P.M.
Main motion presented by Mrs. Battin and amended by Mrs. Castleman now reads:
Article 44. 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
(As adopted) Chapter 732 of the Acts of 1981, Chapters 191 and 335 of the Acts
of 1982, Chapter 289 of the Acts of 1983, and Chapter 637 of the
Acts of 1983; and that notes issued for a shorter period than two
years may he refunded by the issue of new notes maturing within two
years from the date of the original. obligation; and that the Selectmen
are authorized to accept highway funds from all sources. Be it
resolved that it is the sense of this Town Meeting that it is
opposed to the currently proposed Bedford St. roadway improvements
or any plan which cuts off access to and from Eldred St.
Main motion as amended, adopted by.voice vote. 10:58 P.M.
John F. McLaughlin moved that Article 10 be taken off the table at this time.
Defeated. 11:00 P.M.
Mr. McLaughlin moved to adjourn this session of town meeting to Wednesday,
May 30, 1984 at 8 P.M.
Richard A. Michelson moved to amend the time to 8:30 P.M., May 30 because of a
previous committment to Cary Hall.
Mary W. Miley asked that the list of articles be 'read that have to be taken up.
John McLaughlin read the list. 11:02 P.M.
Voice vote to adjourn to 8:30 on May 30 was doubted. A standing vote was
taken:
Precinct In Favo Tellers Opposed "
1 1 Nancy L. Barter 12
2 4 Karen A. Docks 12
3 5 Marian C. Reilly 5
4 4 Peter C. J. Kelley 4
5 7 Julie F. Triessl 5
6 4 John S. Willson 10
7 8 Winifred L. L. Friedman 9
8 5 Benjamin H. Golini 8
9 10 L. Gail Colwell 7
At Large 22 Michael J. O'Sullivan 4
Totals 70 76
Motion to adjourn to 8:30 May 30, 1984 defeated. 11:08 P.M.
Arthur C. Smith moved to adjourn this session to Wednesday, May 23, 1984
at 8 P.M. in Cary Memorial Hall. This motion was adopted by voice vote.
11:10 P.M.
A true copy.
Attest:
Barbara A. Smith, Asst. Town Clerk
ADJOURNED SESSION OP' THE 1984 ANNUAL TOWN MEETING
MAY 23, 1984
The meeting was called /o der 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 8:05 P.M.
There were 153 Town Meeting Members present.
Invocation presented by Rev. Polly Laughland Guild, Follen Church. 8:06 P.M.
Paul W. Marshall moved that Article 10 be taken off the table. (See page 295)
Adopted by voice vote 8:08 P.M.
Article 10. AMEND POTTER POND AGREEMENT
Presented by Paul W. Marshall
(As MOTION: That the Town approve an amendment to the agreement
adopted) relating to the Potter Pond development, so- called, voted under
Article 78 of the Warrant for the 1979 Annual Town Meeting in
accordance with the memorandum of understanding filed with the
Town Clerk; and that any funds received thereunder shall be made
available to LexHAB.
8:09 P.M.
Mr. Marshall explained that if this article passes it will release
the developer from the original agreement in exchange for a sum
of money which will be the difference between the agreed upon price
for sale and net market rate priceless fee to cover expenses.
The proceeds to be turned over to LexHAB.
8:10 P.M.
Manfred P. Friedman questioned if Lexington Housing Authority
could float their own bond. Also, since Lexington has AAA
rating, we should be able to get better percentage on borrowing.
Louis E. Conrad shares concerns with Mr. Friedman. He feels,
through his research, that Lexington Housing Authority has enough
money available for purchasing. Not in favor at this time, would
vote yes if he had more answers to his questions.
8:26 P.M.
More discussion took place on the financing and questions on if
re- zoning would take place.
Jean Gaudet rose to answers question on how LexHAB intends to use
the money. The committee hopes to buy units outright, at least one
more unit at Muzzey and scattered sites when available.
8:55 P.M.
Donald D. Wilson, speaking for the Lexington Housing Authority,
stated that the Federal government sets the standards and fees
for the whole country. it may be difficult to get Federal money
for Lexington.
9:02 P.M.
After more discussion Anthony L. Mancini moved the previous question.
Adopted by voice- vote.9 : 22 P.M.
Main motion as presented by Mr. Marshall adopted by voice vote. 9:25 P.M.
Mrs. Battin moved that Line Item #8525 of Article 26 be taken off
the table. Adopted voice vote 9:25 P.M.
Article 26. (see page 348) Presented by Margery M. Battin.
8525 Tax and Bond Anticipation Loans $50,000
Adopted by voice vote. 9:2.5 P.M.
Article 2. Ephraim Weiss moved that the report of the 1984 Lexington Arts
Festival be accepted and placed on file. (Unsigned report.)
Adopted by voice vote. 9:27 P.M.
38
(Ad ourned Session of the 1984 Annual T own M eeting - May 23, 1984)
Mrs. Battin moved that Article 45 be taken off the table. (See page 363.)
Adopted by voice vote. 9:30 P.M.
Article 45. Presented by Margery M. Battin. STREET CONSTRUCTION
AND LANDTAKING
MOTION: That the sum of $340,000 be appropriated for the construction and
reconstruction of Hancock Street, that such amount be raised in the tax
levy; that the Selectmen be and they hereby are authorized to take by
eminent domain, purchase or otherwise acquire any fee, easement or other
(As adopted) interest in land necessary therefor; and that the Selectmen be authorized
to apply for, accept, expend and borrow in anticipation of federal and
state aid for such project.
Adopted unanimously. 9:31 P.M.
Robert F. Sacco moved that Article 46 be taken off the table. (See page 363.)
Adopted by voice vote. 9:31 P.M.
Article 46. Presented by Robert F. Sacco. STREET ACCEPTANCE AND
CONSTRUCTION
MOTION: (A) To establish as town ways and accept the layout of 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 February 17, 1984:
(a) Battleview Circle from Young Street a distance of 265 feet, more or
less, to end;
(b) Kitson Park Drive from Concord Avenue a distance of 735 feet, more
(As adopted) or less, to end;
(See below)
(c) Crest Circle from Blossomcrest Road a distance of 336 feet, more or
less, to end;
(d) Ingleside Road from Clyde. Place a distance of 400 feet, more or less,
to end.
(B) To establish as a town way and accept the layout of Sunny Knoll
Avenue from Bedford Street a distance of 609 feet, more or less, to
Reed Street; to authorize the Selectmen to take by eminent domain,
(As adopted) purchase or otherwise acquire any fee, easement or other interest in
(See page 387) land necessary therefor; that the sum of $91,000 be appropriated for
such land acquisition, construction, alteration and reconstruction of
Sunny Knoll Avenue as is necessary, and that to raise such amount
$91,000 be transferred from the Special Assessment Fund.
(C) That $56,000 be appropriated for the future laying out and construe -
(As adopted) tion of Emerald Street from Asbury Street a distance of 400 feet, more
(See page 387)or less, and that such amount be raised in the tax levy.
The Moderator stated that this article would be divided. Vote first on
(A), including .(a), (b), (c) and (d), then(B) and finally (C).
Section (A) including (a), (b); (c) and (d) adopted unanimously 9:36 P.M.
Graydon M. Wheaton served notice of reconsideration of Article 10. 9:36 P.M.
(See Page 393)
Article 46. Mr. Ralph F. Johnson of 16 Emerald Street read a letter he wrote to the
(cont.) Town Meeting Members urging them to vote favorably on this article.
Laura F. Nichols and William W. Welch, Jr. spoke in favor of paving
Emerald Street. Town Counsel was asked if there was any litigation on
any of this land. He replied that there had been against the town but
had been settled in favor of the town. He did not know of any private
litigation. 9:50 P.M. ....
Richard A. Michelson moved that Section C be deleted and replaced by
"C. To establish as a town way and accept the layout of Emerald Street
a distance of 490 feet more or less from Asbury Street to Bellflower
Street; 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 $90,000 be appropriated for such
land acquisition, contrdction, alteration., and reconstruction of Emerald
Street as is necessary, and to raise such amount $90,000 in the tax levy.
9:59 P.M.
S
(Adjourned Session of the 1984 Annual Town Meeting - May 23, 1984)
Article 46. (continued)
Florence E. Connor asked the Moderator to recognize Mr. J. D. Santucci
a resident of 16 Bellflower Street to speak in opposition to this section
of the article and the amendment. 10:07 P.M.
Questions were raised whether the town -owned land would be buildable or
was it mostly ledge. Mr. Sacco replied that he believed the lots were
buildable.
A voice vote to amend Section C of Article 46 was doubted. A standing
vote was taken with the following results: 10:12 P.M..
Precinct In Favor Tellers Opposed Abstain-
1 11 Nancy L. Barter 6
2 4 Karen A. Books 12
3 2 Marian C. Reilly 13
4 2 Peter C. J. Kelley 6
5 3 Julie F. Triessl 10
6 2 Elizabeth C. Haines 13
7 5 Winifred L.L. Friedman 10 2
8 3 Benjamin H. Golini 8
9 5 L. Gail Colwell 8
At Large 13 Michael J. O'Sullivan 9
Totals 50 95 2
The Moderator declared the amendment not adopted. 10:15 P.M.
Jacquelyn R. Smith speaking for the Planning Board said they unanimously
support Section B of Article 46 and unanimously oppose Section C. 10:20 P.M.
Catherine Molle and Robert B. Dugan spoke from the balcony in favor of this
Section C and several other town meeting members also stated their support.
Daniel L. McCabe for the Capital Expenditures Committee expressed the plans
unfavorable. 10:30 P.M.
- George A. Burnell moved the previous question which was adopted by voice
vote at 10:30 P.M.
The Moderator again stated that the vote on the remaining two sections of
Article 46 would be taken separately.
Article 46. Section B Adopted.by_voice.vote. 10 :31 P.M.
Article 46. Section C Adopted by.voice vote. 10:31 P.M.
Mrs. Battin moved that Article 48 be removed from the table. Adopted
by voice vote. 10:32 P.M. (See page 363.)
Article 48. Presented by Margery M. PARKING IMPROVEMENTS
Baffin.
(As MOTION: That the sum of $89,000 be appropriated for parking
adopted) improvements in the Town, of which $69,000 shall be allocated
to the Meriam Street Parking Lot and $20,000 to the existing
permit parking . program, and that to raise such amount $89,000 be
transferred from the Parking Meter Fees Account.
10:32 P.M.
Mrs. Battin requested the Moderator to recognize John A. Oberteuffer of the
Conservation Commission to show the new layout of the Meriam Street parking lot
and explain the operation of the lot. 10:40 P.M.
Questions on the impact of traffic at Depot Square and Massachusetts Avenue
were brought up. Mr. Tonaszuck stated that there wouldn't be that much more
traffic because of the additional spaces.
Mrs. Barabush brought up the problem of responsibility for damage or theft.
Mr. Oberteuffer stated that the parking management company has coverage for
everything but valuables left in cars. Also, in regard to plowing and
sweeping, the management will be responsible. 10:54 P.M.
After more discussion on the plans, Paul V. Riffin moved the previous
(Adjourned Session of the 1984 Annual Town Meeting - May 2 3, 1984)
question which was adopted by voice vote at 10:57 P.M.
Main motion adopted by voice .vote 10.58 P.M.
Article 2. Paul W. Marshall rose to.read a Resolution for regulating local taxation.
11:00 P.M
Richard A. Michelson moved to adjourn this session of town meeting to May 30,
1984 at 8:30 P.M. 11:02 P.M.
Arthur C. Smith rose with a point of inquiry regarding the Resolution, if
it could be brought up alone.
The Moderator ruled that it could not and that the Resolution was out of order.
11:03 P.M.
Mr. Levy speaks in favor of adjournment. Mrs. Battin stated that only Article 68
was left. The Moderator said that he knew of several reports that were to be
brought before the meeting.
William S. Widnall moved to amend adjournment to May 24, 1984 at 8:P.M.
Defeated 11:12 P.M.
Mr. Levy moved to adjourn to June 4, 1984 at 8:00 P.M. 11:12 P.M.
Motion to adjourn to June 4, 1984 at 8:00 P.M. in Cary Memorial Hall adopted
by voice vote. 11:14 P.M.
A true copy attest:
Barbara A. Smith, Asst. Town Clerk
Madeline A. Shaughnessy, 32 Webb Street, resigned as a Town Meeting
Member from Precinct Five effective May 23, 1984.
Sam Silverman, 1.8 Ingleside Road, received the next highest number of
votes as a defeated candidate for Town Meeting Member from Precinct Five
at the Annual Town Election held March 5, 1984. As of May 25, 1984 he filed
his acceptance of Town Meeting Member to fill the vacancy caused by Mrs.
Shaughnessy's resignation. Mr. Silverman's term expires March 1985.
38
ADJOURNED SESSION O THE 1984 ANNUAL TOWN MEE TING
JUNE 4, 1984
The meeting was called to order at 8 P.M. by Moderator Lincoln P. Cole, Jr.
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 159 Town Meeting members present.
Invocation delivered by Rev. Thomas L. Clough, Minister of Education,
Hancock United Church of Christ. 8:09 P.M.
The Moderator introduced Boy Scout Troup #122 who, with their leader
George Bryant, were in the audience. 8:10 P.M.
The Moderator stated that the meeting was now open on Article 68.
Article 68. USE OF FUNDS TO REDUCE TAX RATE
Presented by Margery M. Battin.
(Adopted. MOTION: (a) That the sum of $1,140,000 be appropriated to reduce
See the tax levy for the fiscal year beginning July 1, 1984, and that
Page such amount be transferred from the Excess and Deficiency Account;
391)
(b) Whereas the Lexington Town Meeting has used transfers from free
(Adopted. cash reserves to assist in its efforts to stay within the Levy
See Limit required by Proposition 2z; and
Page
391) Whereas the Lexington Town Meeting is concerned about its
ability in the future to maintain the level of services desired by
the Citizens of Lexington given the provisions of Proposition 2
limiting year to year property tax increases;
Be it resolved that the Lexington Town Meeting hereby recommends
to the Great and General Court passage of Senate Bill 1709 (as
reported favorably by the Joint Committee on Taxation) which
1) provides a means whereby voters in low -tax communities can restore
to local legislative bodies the authority to stabilize their
property tax rates, which are now declining at a real rate of 8 to
10% a year; and 2) also provides the voters the means to rescind
this authority should it be abused.
8:12 P.M.
The Moderator said that for voting purposes this motion would
be divided, with a separate vote taken on part (a) and a separate
vote taken on part (b); for the purpose of debate, the two parts,
(a) and (b), would be discussed together. 8:12 P.M.
Referring to part (a), Mrs. Battin explained that the certified
balance in Free Cash for this year is $2,552,893. After deducting
this $1,140,000, appropriation, which is $60,000 less than was
appropriated last year, there will be a balance of $1,412,893 for
fiscal year 1986. 8:12 P.M.
Referring to part (b), Paul W. Marshall said that Senate Bill #1709
was defeated in the Senate today but, he added, that he was told
this evening by Senator Richard A. Kraus whose bill this is, that,
depending on the outcome of this resolution this evening, that he
would possibly ask for reconsideration of his bill.
With the aid of charts, Mr. Marshall explained that taxes have gone
up in Lexington in the past ten years, as has inflation and that it
will be increasingly difficult to live within the 2z restraints
although we have been able to stabilize the tax rate. Senate Bill
#1709 strengthens basic features of Prop 2Z. Taxes would be limited
to a maximum of 2% of the market value. It would require a refer-
endum to obtain relief which would set a limit below 2 %. Reassess-
ments would be subject to review. 8:26 P.M.
t) ) 1 (Adjourned Session of the 1984 Annual Town Meeting - June 4, 1984
Article 68. William J. Dailey, Jr., Chairman of the Appropriation Committee,
(Cont.) moved to amend the motion as to part (b) by adding:
Be it further resolved that the Board of Selectmen shall include
the following question on the ballot to be submitted to the voters
for consideration at the November 1984 election:
"Shall efforts be instigated by the Board of Selectmen to
encourage the passage of legislation which will have the effect
of amending or modifying the legislation known as Proposition
2 8:27 P.M.
Mr. Dailey gave an explanation of his amendment saying that there
have been no cuts in programs, services and personnel since Prop
2 8:32 P.M.
Michael W. Golay spoke against the amendment and in favor of the
resolution and James M. McLaughlin spoke in favor of the amendment
and against the resolution. 8:37 P.M.
Speaking against the amendment, Frank Sandy felt that the users
fees, mainly in the recreation area, were definitely a cut in
services. 8:40 P.M.
William J. Scouler and Paul W. Marshall voiced their opposition to
Mr. Dailey's amendment. 8:42 P.M.
Mr. Dailey's motion to amend was declared lost by voice vote.
8:43 P.M.
Thomas E. Fortmann voiced his approval of Senator's Kraus's proposal.
(Senate Bill #1709) and Patricia A. Swanson expressed her doubts.
8:57_ P.M.
Ronald Levy commended Mr. Marshall on a well prepared presentation
but added that he did not support Mr. Kraus's proposal. He added that
he is now and has always been opposed to Proposition 2 and that
he would support part (a) but would oppose part (b) unless it is
amended. 8:57 P.M.
Selectman Robert F. Sacco spoke in oppositin to part (b) with the
aid of slides. 9 P.M.
Robert I. Rotberg voiced his approval of part (b). 9:05 P.M.
In response to Arthur C. Smith's query regarding part (b) being
within the scope of the article, the Moderator ruled that the
motion was in order. 9:09 P.M.
After further discussion, Arthur_ C. Smith moved for indefinite
postponement on part (b) of Article 68 which was declared lost by
voice vote. 9:25 P.M.
Alan J. Lazarus moved that the proposed motion under Article 68 (b)
be amended to read Meeting hereby [endorses the sentiments
which motivated Senate Bill 1709 namely that it] 1) ... [ ] in
place of [recommends . . .] 1)
9 :25 P.M.
Selectman John F. McLaughlin, speaking against the amendment, felt
that part (b) should be voted on, either for or against but added
that the amendment should be defeated. 9:32 P.M.
Although he agreed. with the intent of the amendment, Paul Newman'
stated his opposition to it. 9:33 P.M.
Mr. Lazarus's motion to amend was declared lost by voice vote.
9:34 P.M.
(A djourned Session of the 1984 Annual Town Meeting - Jun 4 , 1984.) Q 9
Article 68. Renee T. Cochin said that she intended to vote for the resolution
(Cont.) but wanted Senator Kraus to understand that a yes vote does not
mean that the meeting is in favor or a no vote does not mean that
they are opposed. 9:35 P.M.
James M. McLaughlin moved the previous question. 9:35 P.M_
Jonathan P. Doran requested that a roll call vote be taken on
part (b) and the Moderator stated that at the time for the vote
on part (b) he would ask for a standing vote of those in favor of
a roll call. 9:35 P.M.
Previous question, as moved by Mr. McLaughlin, was declared adopted
by voice vote. 9:35 P.M.
Vote on part (a) Adopted unanimously. 9:39 P.M.
The Moderator asked for a standing count for those in favor of a
roll call vote on part (b) with the following results:
Precinct In Favor Tellers
1 3 Nancy L. Barter
2 3 Karen A. Docks
3 2 Marian C. Reilly
4 0 Peter C. J. Kelley
5 1 Julie F. Triessl
6 1 John S. Willson
7 2 Graydon M. Wheaton
8 4 Benjamin H. Golini
9 3 L. Gail Colwell
At Large 14 Michael J. O'Sullivan
Total 33
Less than the required fifty members having voted in favor, a roll
call vote was not taken on part (b) of Article 68. 9:40 P.M.
Paul W. Marshall asked that a standing vote be taken on part (b)
and the Moderator said that he would ask for a voice vote first but
that he would probably doubt the results and then ask for standing
vote. 9:40 P.M.
Vote o n part (b)
Voice vote on part (b) was doubted by the Moderator so a standing
vote was taken as follows:
Precinct In Favor Tellers O pposed
1 8 Nancy L. Barter 6
2 9 Karen A. Docks 7
3 13 Marian C. Reilly 5
4 11 Peter C. J. Kelley 1
5 12 Julie F. Triessl 3
6 14 John S. Willson 2
7 6 Graydon M. Wheaton 7
8 7 Benjamin H. Goli.ni 6
9 11 L. Gail Colwell 5
At Large 9 Michael J. O'Sullivan 13
Totals 100 55
Part (b) is declared adopted. 9:43 P.M.
3 ,92 (Adjourned Ses sion of the 1984 Annual Town Meeting - June 4, 1984.)
Article 2. Donald D. Wilson, Lexington Housing Authority Member, moved that
the report of the Lexington Housing Authority be accepted and
placed on file. Mr. Wilson then proceeded to read the following
report:
L.H.A. is presently assisting 308 families with excess of 520
individuals. This is using a total of 6 federal and state programs.
L.H.A. is and has been audited by state and federal for the past
10 -12 years - always given "A" ratings and recently received
"commendable" rating by E.O.C.D. Attention was called to maximum
use of funds and securing interest on funds in its care. This
was accomplished by the effort and work of members and staff of
the L.H.A.
L.H.A. works with 6 programs and 10 projects within these programs.
Funds cannot be transferred from one program to another without
written authorization of the granting authority - most times funds
must be returned and re- requested for the next specific project.
In area of low income housing it now seems government agencies
are giving preference to rehab and remodeling in distressed areas
where housing needs are high and a higher density, lower land
costs, and lower cost per unit are available. It appears that
the philosophy is to get the most housing units for the money.
After many letters and meetings (informal and formal) L.H.A. felt
it had pursued all available avenues to secure funding for Potter
Pond condos. It was at this point L.H.A. abandoned its efforts
for funding of these condos. If Lexington really wants housing
available so young people from Lexington can start out and live
in town, town meeting should provide funds for implementation and
construction of this type of program when and if funds from
governmental agencies are available.
The high land costs and low density of units make the proposals
from Lexington not as attractive as proposals from other nearby
areas that permit higher density and have lower land costs.
Potter Pond has a density of apx. 2.23 units per acre. The
Cambridge condo program that received the funds L.H.A. applied
for was granted funds for low income elderly not low income
family. This was on a pilot project at a much higher density
than the proposed Lexington project.
Many times L.H.A. gets requests for housing from Lexington citizens
for their son or daughter just getting married and in need of
affordable housing in Lexington. L.H.A. is not falling down on
its job not being able to provide this type of housing. We know
of no programs that will provide this for Lexington - unless town
meeting authorizes and funds one.
Perhaps an expanded business base in Lexington could provide and
make available more tax dollars for housing and other town needs;
while easing the strain on many home owners in Lexington.
A bright spot in low and moderate income housing is the accessory
apt. units estimated ultimately at 300 -500 in Lexington. This
could be a valuable source of starter and low income housing.
Accessory apts. as rental units qualify for section 8 rental
subsidies if the individual units meet construction and code
standards. Also, rent charged by homeowner must fall within
federal or state guidelines for subsidized units.
Assistance by towns
Concord T 200 Units of Assistance
Burlington 143
Chelmsford 166
Winchester 112
Acton 157
Wellesley 254
Wayland 189
Lexington 308
Plus Lexington has Muzzey- Lex.Hab. Program not counted in L.H.A.
figures.
Adopted unanimously. 9:59 P.M.
(Adjourned Sessio of the 1984 Annual Town Meeting - June 4, 1984.) 3 9 3
Ronald Levy served notice of reconsideration of Article 68. 10 P.M.
(See below)
Frank Sandy moved that this meeting be dissolved. This motion was lost by
voice vote. 10:01 P.M.
Article 2. Richard F. Perry, a member of the Capital Expenditures Committee,
moved that the following report be accepted and placed on file:
Under Art. 2, as an addition to the Capital Expenditures Committee
Report, S offer the following recommendation:
That the Board of Selectmen appoint a committee of at least five
members to study alternative sources of financing future con-
servation purchases and report back to the 1985 Annual Town
Meeting.
Adopted by voice vote. 10:02 P.M.
James E. Barry moved reconsideration of Article 26 (except line items 47920
and #8525). 10:02 P.M.
Mr. Barry explained that if his motion prevailed, he would amend line item
43450 (Rabies Clinic). He wants to put in zero amount because of the charge
attached to the clinic this year. He is very opposed to users fees in general
but especially in this area as there is already an extra $1. added to each dog
license. 10:09 P.M.
Margery M. Battin, Chairman of the Board of Selectmen, spoke against this
motion to reconsider Article 26.
Mr. Barry's motion to reconsider Article 26 (except line items #7920 and
#8525) was declared lost by voice vote. 10:12 P.M.
Ronald Levy moved reconsideration of Article 68, but only part (b). 10:13 P.M.
Mr. Levy explained that he would like to amend the motion in order to
strengthen it. 10:14 P.M.
Mr. Levy's motion to reconsider Article 68, part (b) was declared lost by
voice vote. 10:14 P.M.
Graydon M. Wheaton moved reconsideration of Article 10. 10:15 P.M.
Mr. Wheaton explained why he wished to have Article 10 reconsidered. He
felt that the original article on Potter Pond, back in 1979, might not have
been adopted if the section regarding the purchase by the town of the units
for affordable housing was not included. 10:24 P. M.
William J. Dailey, Jr., Chairman of the Appropriation Committee, recommended
unfavorable action on the motion to reconsider Article 10. He added that the
owner would sell the units to the town if the town had the money, which they do
not. 10:25 P.M.
Paul W. Marshall said that the Board of Selectmen supported the recommendation
of the Appropriation Committee. 10:27 P.M.
James P. Reilly supported Mr. Wheaton's motion to reconsider Article 10.
10 :30 P.M.
Mr. Wheaton's motion to reconsider Article 10 was declared lost by voice
vote. 10:30 P.M.
.. a,.
3 9 4. (Adj ourned Session of the 1984 Annual Town Meeting - June 4, 1984.)
Margery M. Battin, Chairman of the Board of Selectmen, moved that this
meeting be dissolved. This motion was adopted unanimously. 10:30 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk