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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