HomeMy WebLinkAbout1985-03-04- to 1985-05-29 ATM-min .c
ANNUAL TOWN MEETING - MARCH 25, 1985
The meeting was called to order in Cary Memorial Hall at 8 P.M. by Moderator,
Lincoln P. Cole, Jr.
There were 156 Town Meeting Members present.
Invocation was offered by Reverend Gay M. Godfrey, Associate Minister at the
Hancock United Church of Christ. 8:01 P.M.
The Moderator asked for a moment of silence in memory of Manfred P. Friedman,
Town Meeting Member from Precinct 7, who died on January 3, 1985. 8:02 P.M.
Town Clerk, Mary R. McDonough, read the Warrant for the meeting until further
reading was waived by the meeting. 8:03 P.M.
The Town Clerk read the Constable's Return of the Warrant. 8:05 P.M.
Article 2. REPORTS OF TOWN BOARDS,
OFFICERS, COMMITTEES
lone D. Garing moved that the report of the Committee on Cary Lectures
be accepted and placed on file.
Adopted unanimously. 8:06 P.M.
The Moderator stated that Article 2 would be open to receive reports
throughout the entire meeting. 8:06 P.M.
Article 3. APPOINTMENT TO CARY LECTURE SERIES
Presented by Paul W. Marshall.
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. 8:07 P.M.
Article 4. CHARLES FERGUSON FUND
Presented by Paul W. Marshall.
MOTION: That the Town accept with gratitude the gift of the late
Alice R. Ferguson in the amount of $5,000.00 in memory of Charles
E. Ferguson.
8:07 P.M.
Mr. Marshall informed the meeting that Mr.. Ferguson had been a long
term public servant for the Town of Lexington having served as
Selectman, Moderator, State Representative and State Senator.
Motion, as presented by Mr. Marshall, declared adopted unanimously.
8:07 P.M.
Article 2. REPORTS OF TOWN BOARDS,
OFFICERS, COMMITTEES
Paul W. Marshall, Chairman of the Board of Selectmen, reported that
Articles 3 through 9 would be brought up tonight. He understood
that there would be a motion to take up Article 17 out of order and
to discuss Articles 7 and 17 together but to vote on each of them
separately. He also said that the plan was to bring up the zoning
articles on Wednesday, March 27th, with the exception of Article 11
which would be brought up on Monday, April 1.
8:09 P.M.
0, ( ANNUAL TOWN MEETING - MARCH 25, 1.985.)
( ADJOURNED SESSION OF NOVEMBER 26, 1984 SPECIAL TOWN MEETING.
Article 5. DOG HEARING PROCEDURES
Presented by John C. Eddison.
(Chap. MOTION: That the Selectmen be and they hereby are authorized to
558 — petition the General Court for an act to permit the Chief of Police or
Acts his designee to carry out the functions assigned to the Selectmen under
of G.L.c.140s.157 relating to dog complaints.
1985) 8:07 P.M.
Mr. Eddison said that the Board of Selectmen supported this motion.
Motion as presented by Mr. Eddison adopted by voice vote. 8:14 P.M.
Paul W. Marshall moved that this Town Meeting be adjourned until the dissolution
of the Special Town Meeting in Cary Memorial Hall.
Adopted unanimously. 8:15 P.M.
Mary R. McDonough, Town Clerk
ADJOURNED SESSION OF T HE NOVEMBER 26, 1984 SPECIAL TOWN MEETING
HELD MARCH 25, 1985
The Moderator, Lincoln P. Cole, Jr. stated that the Special Town Meeting was
now in session, calling the meeting to order in Cary Memorial Hall at 8:15 P.M.
There were 166 Town Meeting Members present.
The Moderator declared the meeting was open on Article 2.
Article 2. CONSERVATION LAND PURCHASE
Presented by Paul W. Marshall.
MOTION: Under Article 2 I move that this article be indefinitely
postponed.
Adopted unanimously. 8:15 P.M.
(This adjourned session of the November 26, 1984 Special Town Meeting had been
adjourned to this date on February 4, 1985. See Page 413.)
Paul W. Marshall moved that this Special Town Meeting be dissolved.
Adopted unanimously. 8:15 P.M.
A true copy.
Attest:
c
Mary R. McDonough, Town Clerk
4 `1
ADJOURNED SESSION OF THE 1 9_8 5 ANNUAL TOWN MEETING
HELD MARCH 25, 1985
The Moderator, Lincoln P. Cole, Jr. called the meeting to order at 8:16 P.M.
in Cary Memorial Hall.
There were 173 Town Meeting Members present.
Article 6. DISCLOSURE OF REAL PROPERTY
Presented by William T. Spencer.
MOTION: That the Town amend the General By -Laws by adding the following
(Not section to Article II:
adopted)
Section 3. The following definitions shall apply to this section:
"Candidate for Elected Position ": A person who files nomination
papers with the Town Clerk for a position as Selectman, Town Moderator,
or as a member of the School Committee, Planning Board, or Lexington
Housing Authority.
"Candidate for Appointed Position ": A person who is under con-
sideration for appointment or reappointment to a position as Town
Manager, Town Counsel, Town Assessor, Planning Director, Director of
Public Works /Engineering, Building Commissioner, Conservation Adminis-
trator or as a member of the Board of Appeals, Board of Assessors,
Conservation Commission, Historic Districts Commission, Appropriations
Committee or Capital Expenditures Committee.
"Immediate Family ": Spouse and dependent children residing in
the household of the candidate.
"Significant Interest ": Any direct or indirect interests which in
the aggregate total more than 1% of the value of the parcel of real
property.
Each candidate for an elected or appointed position in the Town of
Lexington shall file with the Town Clerk a disclosure of the location
of each parcel of real property, other than principal residence, within
or contiguous to Lexington in which, to his knowledge, he and /or his
immediate family has a significant interest. Disclosures shall be filed
on a form provided by the Town Clerk and shall be in the public
record. A candidate for elected position shall file his disclosure
prior to the deadline for filing nomination papers. A candidate for
appointed position shall file his disclosure prior to appointment.
The penalty for violation of this Section shall be not less than $50
and not more than $300.
8:19 P.M.
Mr. Spencer asked that Robert H. Domnitz, 14 Oakland Street be
recognized.
Mr. Domnitz gave a lengthy explanation of this motion as the pro-
ponent. 8:33 P.M.
John C. Eddison voiced the unanimous opposition of the Board of
Selectmen but added that he and Margery M. Battin, Selecman,
would support the appointment of a special committee to study this.
8:34 P.M.
Questions were raised by Town Clerk, Mary R. McDonough and Renee T.
Cochin regarding the penalty for the violation. 8:38 P.M.
Patricia K. Hagedorn and John Hayward spoke in opposition. 8:45 P.M.
James M. McLaughlin moved the previous question which was declared
adopted by voice vote. 8:46 P.M.
Main motion, as presented by Mr. Spencer, declared lost by voice
vote. 8:47 P.M.
2 ( ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MARCH 25, 1985
Ephraim Weiss served notice of reconsideration of Article 6. 8:47 P.M.
(See Page 502)
Margery M. Battin moved that Article 17 be taken up out of order at this time
and be discussed in conjunction with Article 7 but that both be voted separately.
8:47 P.M.
Karsten Sorensen, Ephraim Weiss and Iris G. Wheaton spoke in opposition to
this motion. 8:52 P.M.
Motion, as offered by Mrs. Battin, to take up Article 17 out of order with
Article 7 was declared lost by voice vote. 8:54 P.M.
Article 7. PROFESSIONAL REVIEW BOARD
Presented by Roger F. Borghesani.
(See MOTION: That a scientific advisory committee be formed to study the
amended impact on the Town of hazardous substances and to make recommenda-
motion tions as to what steps might be taken to minimize that impact, the
Page committee of seven residents to be appointed by the Selectmen for the
518.) period of one year and to report to the Selectmen and the Town Meeting
at the next annual. meeting, in 1986.
8:56 P.M.
Karsten Sorensen spoke in support of the motion. 9 P.M.
Margery M. Battin said that both the Board of Selectmen and the Board
of Health unanimously supported defeat of this motion. She added that
the safeguards are already in place. At her request, James Lambie,
Chairman of the Board of Health, was recognized and reaffirmed the
statement made by Mrs. Battin and added that it would be premature to
appoint such a committee at this time. 9:08 P.M.
Motion, as presented by Mr. Borghesani, was declared adopted by voice
vote. 9:14 P.M.
Article 8. FAIR HOUSING POLICY
(See Stanley E. Toye moved that this article be postponed until after
Pages Article 11 - 24 have been taken up.
523 &
524.) Adopted unanimously. 9:16 P.M.
Margery M. Battin served notice of reconsideration of Article 7. 9:16 P.M.
(See Page 518.)
Article 9. WETLAND PROTECTION BY -LAW
Presented by David G. Williams.
(See MOTION: That Article XXXII of the General By -Laws of the Town of
page Lexington be amended as set forth in the article and in addition
423 as follows:
for
adopted j. In Section 1, change the word "accomplished" to "accompanied ", and
motion)
k. In Section 3, change the figure "50" to 11 40 ", and
1. In Section 7.3 delete "c l ", and
M. In Section 10, change the word "have" to "has ".
9:17 P.M.
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEE TING - MARC 25, 1985) W
Article 9. (Article 9 as set forth in the article plus the four additions:
(Cont.)
To see if the Town will vote to amend Article XXXII of the General
By -Laws of the Town oflexington as follows:
a. In Section 1, by deleting the phrase "or swamp bordering on any"
and inserting in place thereof the word "swamp" and
b. In Section 1, by deleting the words "of Twenty -five dollars ($25)"
and inserting in place thereof the phrase "to be determined in
accordance with a fee schedule adopted by the Conservation Commis-
sion" and
C. In Section 1, by inserting the word "and" following the phrase
"including such plans as may be necessary to fully describe
such proposed activity and its effect on the environment" and
d. In Section 2.1, by deleting the word "and" following "and other
homes or buildings" and inserting in place thereof the word "or"
and
e. In Section 2.1, by inserting the phrase "to aquatic life or
wildlife," alter the words "and other homes or buildings," and
f. In Section 2.1, by inserting the words "the Commission" following the
phrase "of streams, ponds or other bodies of water" and
g. In Section 7.4, by deleting the words "the act" and inserting in
place thereof the words "this By -Law" and
h. In Section 7.6(a), by deleting the phrase "from the bank of any
beach" and inserting in place thereof the phrase "from the edge
of any bog" and
i. In Section 9, by deleting the number 200 and inserting in place
thereof the number 300,
j. In Section 1, change the word "accomplished" to "accompanied ", and
k. In Section 3, change the figure "50" to "40 ", and
1. In Section 7.3 delete "c 1 ", and
M. In Section 10, change the word "have" to "has".)
Mr. Williams asked that Charles Wyman, Conservation Director, be
recognized and Mr. Wyman gave an explanation of each of the above
changes. 9:26 P.M.
John C. Ed.dison said that the Board of Selectmen unanimously
recommended approval of this article. 9:27 P.M.
Main motion, as presented by David G. Williams, declared adopted
by voice vote. 9:27 P.M.
(Motion as adopted reads:
MOTION: That Article XXX1I of the General By -Laws of the Town of
(As Lexington be amended as follows:
adopted)
a. In Section 1, by deleting the phrase "or swamp bordering on any"
(Approved and inserting in place thereof the word "swamp" and
by Atty.
General b. In Section 1, by deleting the words "of Twenty -five dollars
August ($25)" and inserting in place thereof the phrase "to be determined
2, 1985. in accordance with a fee schedule adopted by the Conservation
Advertised Commission" and
Lex. Min.Man
Aug. 15 & c. In Section 1, by inserting the word "and" following the phrase
22, 1985) "including such plans as may be necessary to fully describe such
proposed activity and its effect on the environment" and
424 (ADJOURNED SESSION OF THL 1985 ANNUAL TOWN MELTING — MARCH 25, 1985)
Article 9. (Article 9 as adopted: (Cont.)
(Cont.)
d. In Section 2.1, by deleting the word "and" following "and other
homes or buildings" and inserting in place thereof the word "or"
and
e. In Section 2.1, by inserting the phrase "to aquatic life or wildlife,"
after the words "and other homes or buildings," and
(As I. In Section 2.1, by inserting the words "the Commission" following
adopted) the phrase "of streams, ponds or other bodies of water" and
g. In Section 7.4, by deleting the words "the act" and inserting in
place thereof the words "this By -Law" and
h. In Section 7.6(a), by deleting the phrase "from the bank of any
beach" and inserting in place thereof the phrase "from the edge
of any bog" and
i. In Section 9, by deleting the number 200 and inserting in place
thereof the number 300,
j. In Section 1, change the word "accomplished" to "accompanied ", and
k. In Section 3, change the figure "50" to "40 ", and
1. In Section 7.3 delete "c I ", and
M. In Section 10, change the word "have" to "has ".
Adopted by voice vote. 9:27 P.M.)
Paul W. Marshall moved that this meeting be adjourned to Wednesday, March 27,
1985 at 8 P.M. in Cary Memorial Hall. This motion was declared adopted by voice
vote at 9:27 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING 425
HELD MA RCH 27, 1985
The meeting was called to order by the Moderator, Lincoln. P. Cole, Jr. at
8 P.M. in Cary Memorial Hall.
There were 171 Town Meeting Members present.
Invocation was offered by Rev. Deacon William Wildes of St. Brigid's Church.
8:02 P.M.
Article 2. Jacquelyn R. Smith gave the order that the zoning articles would
be brought before the meeting as follows:
For this evening: Articles 10, 12, 14 and 15.
Article 11 will be brought up Monday at 8 P.M.
Article 13 will be postponed until Wednesday, April 3.
Article 16 will follow Article 11.
Article 20: a letter has been received from McNeil & Assoc. Inc.
informing the Planning Board that Albert P. Zabin will move that
this article be indefinitely postponed.
8:07 P.M.
The Moderator informed the meeting that Article 2 would remain
open throughout all sessions of this town meeting.
8:08 P.M.
Article 10. ZONING BY -LAW
TECHNICAL CORRECTIONS
Presented by Elizabeth G. Flemings.
(See MOTION: That the Zoning By -Law be amended as set forth in Article 10.
page 8:08 P.M.
426
for (Article 10 as set forth in the article:
motion
as To see if the Town will vote to amend the Zoning By -Law, as follows:
adopted)
a. In Section 2, DEFINITIONS, in the definition RESIDENTIAL DISTRICT,
by deleting the word "Town" and inserting the words "city or town"
after the word abutting;
b. In Sub section 3.3, SPECIAL PERMITS, in the first sentence by
deleting the words "for uses" so that the sentence, as amended,
will read, "The Special Permit Granting Authority shall hear and
decide applications for special permits as provided in this By-
Law, subject to any general or specific rules therein contained,
and subject to appropriate conditions, safeguards and limitations
on time or use. ";
C. In Subsection 3.4, SPECIAL PERMITS WITH SITE PLAN REVIEW (SPS),
in the first sentence by inserting the words "for certain uses"
after the words "is required" so that the sentence, as amended,
will read, "Site plan review by the SPGA is required for certain
uses prior to approval of an application for a special permit in
certain cases specified in Table 1. (designated "SPS" in the Use
Regulations Schedule). "; and on page T -1, under the heading
TABLE 1, USE REGULATION SCHEDULE, SYMBOLS, in the explanation
opposite "SPS" by striking out the existing explanation and
inserting in place thereof the following: "use permitted subject
to a Special Permit ( "SP ") as above with the additional site plan
review requirements of section 3.4 hereof, which shall address
site development issues, change in the intensity or character-
istic of the use and off-site impacts of the use."
d. In subsection 5.5, NURSERIES, in the second sentence of the
second paragraph, by deleting the words " Provided : that" and
"such" and by capitalizing the word "a" to start the second
sentence;
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MARCH 27 1985)
426
Article 10. (Article 10 as set forth in the article: (Cont.)
(Cont.)
e. In Subsection 6.4, CHANGED NON - CONFORMING USE, in the second
sentence, the last line, by striking out the word "in" and inserting
in place thereof the word "is" so that part of the sentence will
read "....in the opinion of the Board of Appeals is no more
objectionable to the neighborhood. ";
I. In Subsection 9.5.8, NO EFFECT ON DIMENSIONAL REQUIREMENTS, in the
first sentence, by striking out the words "area and dimensional" and
substituting in place thereof the words "lot area and minimum
yard ";
g. In Subsection 11.3.5, PARKING SPACES FOR HANDICAPPED PERSONS, by
substituting the number "201" for the number "301" in the column
headed "Total Number of Spaces ";
h. In Table 1, USE REGULATIONS SCHEDULE, under Section 8.0,
ACCESSORY USES, substituting the words "Section 11" for Section
9.8" in the footnote "* *Outdoor parking is subject to ...... ";
and in Line 8.1 by striking out the colon which appears after
the word "accessory" in the sixth line and after the word
"vehicles * *" in the second line and inserting in place thereof
a semi - colon;
i. By changing the following words in which the first letter is
capitalized so that the first letter is lower case: in sub-
section 5.2.3 e, "Certificate" and "Occupancy ".
or act in any other manner in relation thereto.)
Elizabeth G. Flemings moved that the Report of the Planning Board
on Article 10 be accepted and placed on file.
Adopted unanimously. 8:08 P.M.
Mrs. Flemings gave a short explanation of each technical change.
8:15 P.M.
Answering questions raised by Patricia K. Hagedorn, Mrs. Flemings
said that they did not have view graphs on items f. and h. but she
did read item f. and explained that item h. did not make any changes
in the Zoning By -Law. 8:19 P.M.
Julian J. Bussgang asked a question regarding the wetland procedures
and Arthur C. Smith questioned the change to "city or town ".
8:20 P.M.
Mrs. Flemings explained that some of the changes were to change the
official records of the Town Clerk, which Iris G. Wheaton and Graydon
M. Wheaton both questioned. Mr. Wheaton asked if there were two Zoning
By -Laws, one for the Town Clerk and one that was printed. Mary R.
McDonough, Town Clerk, explained the process of proofing the Zoning By-
Law each year after amendments have been approved and incorporated in
the new booklet. It must be accurate before being certified by the
Town Clerk. 8:27 P.M.
Main motion, as presented by Elizabeth G. Flemings, declared
adopted unanimously. 8:27 P.M.
(Motion as adopted reads:
(As MOTION: That the Zoning By -Law be amended as follows:
adopted)
a. In Section 2, DEFINITIONS, in the definition RESIDENTIAL
DISTRICT, by deleting the word "Town" and inserting the words
"city or town" after the word abutting;
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING -'MARCH .2.7; A85 2 3
Article 10. (Motion as adopted reads: (Cont.)
b. In Sub section 3.3, SPECIAL PERMITS, in the first sentence by
deleting the words "for uses" so that the sentence, as amended,
will read, "The Special Permit Granting Authority shall hear
(As and decide applications for special permits as provided in this
adopted) By -Law, subject to any general or specific rules therein con-
tained and subject to appropriate conditions, safeguards and
(Approved limitations on time or use. ";
by Atty. Gen.,
Aug. 19, C. In subsection 3.4, SPECIAL PERMITS WITH SITE PLAN REVIEW (SPS),
1.985. in the first sentence by inserting the words "for certain uses"
Posted in after the words "is required" so that the sentence, as amended,
Town Office will read, "Site plan review by the SPGA is required for certain
Building & uses prior to approval of an application for a special permit in
nine precincts certain cases specified in Table 1 (designated "SPS" in the Use
on September Regulations Schedule). "; and on page T -1, under the heading
12, 1985.) TABLE 1, USE REGULATION SCHEDULE, SYMBOLS, in the explanation
opposite "SPS" by striking out the existing explanation and
inserting in place thereof the following: "use permitted
subject to a Special Permit ( "SP ") as above with the additional
site plan review requirements of section 3.4 hereof, which shall
address site development issues, change in the intensity or
characteristic of the use and off -site impacts of the use."
d. In subsection 5.5, NURSERIES, in the second sentence of the
second paragraph, by deleting the words " Provided : that" and
"such" and by capitalizing the word "a" to start the second
sentence;
e. In Subsection 6.4, CHANGED NON- CONFORMING USE, in the second
sentence, the last line, by striking out the word "in" and in-
serting in place thereof the word "is" so that part of the
sentence will read "....in the opinion of the Board of Appeals
is no more objectionable to the neighborhood. ";
f. In Subsection 9.5.8, NO EFFECT ON DIMENSIONAL REQUIREMENTS, in
the first sentence, by striking out the words "area and dimen-
sional" and substituting in place thereof the words "lot area
and minimum yard ";
g. In Subsection 11.3.5, PARKING SPACES FOR HANDICAPPED PERSONS, by
substituting the number "201" for the number "301" in the column
headed "Total Number of Spaces ";
h. In Table 1, USE REGULATIONS SCHEDULE, under Section 8. 0, ACCESSORY
USES, substituting the words "Section 11" for Section 9.8" in the
footnote "* *Outdoor parking is subject to ....., "; and in Line
8.1 by striking out the colon which appears after the word
"accessory" in the sixth line and after the word "vehicles * *"
in the second line and inserting in place thereof a semi - colon;
i. By changing the following words in which the first letter is
capitalized so that the first letter is lower case: in sub-
section 5.2.3 e, "Certificate" and "Occupancy ".
Adopted unanimously. 8:27 P.M.)
Article 1.1. ZONING BY -LAW, COMPREHENSIVE REVISION -
PLANNED RESIDENTIAL DEVELOPMENT
Jacquelyn R. Smith moved that Article ll be postponed to Monday,
April 1 at 8:05 P.M.
Adopted unanimously. 8:29 P.M.
(See Page 436, 437. Adopted motion: Pages 440 -457.)
(ADJOURNED SESSION OF THE 19$5 ANNUAL, TOWN MEBTINC - MARCH 27, 1985)
Article 12. ZONING BY- LAW,CONVERSION
OF ONE FAMILY DWELLINGS
Karsten Sorensen moved that the Report of the Planning Board on Article
12 be accepted and placed on file.
Adopted unanimously. 8:30 P.M.
Presented by Karsten Sorensen.
(See MOTION: That the Zoning By -Law be amended as set forth in the article
page with the exception that sub - paragraph 5.3.2 a 5. shall read: "The
430 smaller of the dwellings shall have at least 700 square feet of net
for floor area."
motion 8:30 P.M.
as
adopted) (Article 12 as set forth in the article with the exception of the
change in 5.3.2 a 5:
To see if the Town will vote to amend the Zoning By -Law in subsection
5.3 by deleting the entire subsection under the heading 5.3 CONVERSION
OF ONE FAMILY DWELLINGS between the words "The SPCA may issue....."
and the words ".....walls of the building. "; and by substituting in
place thereof the following:
"5.3.1 OBJECTIVES
The conversion of existing single - family detached dwellings
into dwellings containing two dwelling units is intended to: 1) encourage
an increase in the number of dwelling units which are larger than those
permitted as accessory apartments (see 5.2) while smaller than most
one - family dwellings in the town, 2) encourage high standards of main-
tenance for large one family dwellings which might fall into disrepair,
and 3) encourage a more economic, energy- efficient use of the town's
housing supply while maintaining the appearance and character of the
town's single family neighborhoods.
5.3.2 CONDITIONS AND REQUIREMENTS
In accordance with Section 3.3, and where consistent with the
objectives set forth in 5.3.1, the Board of Appeals may grant a special
permit for a second dwelling unit in a detached one - family dwelling in
an RO or RS district provided that each of the following conditions and
requirements is met:
a. General
1. There shall. be not more than two dwelling units in the dwelling.
2. There shall be no roomers or boarders within either of the
dwelling units.
3. The lot area shall be at least 15,500 square feet in the RS
district and 30,000 in the RO district.
4. The net floor area used for residential purposes shall have been
at least 2,500 square feet as of January 1, 1983, which amount
shall be verified in the records of the Building /Inspection
Department or on a document, "Total Living Area of Dwellings as
of January 1, 1983," prepared by the Board of Assessors.
5. The smaller of the dwellings shall have at least 700 square feet
of net floor area.
6. No dwelling unit may be located in a cellar or basement.
7. The dwelling shall be connected to public water and sanitary
sewer systems.
b. The dwelling to be converted shall be designed so that the
appearance of the structure remains that of a detached one - family
dwelling, subject further to the following conditions and
requirements:
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING — MARCH 27, 1985
Article 12. (Article 12 as set forth in the article with the exception of
(Cont.) the change in 5.3.2 a 5: (Cont.)
5.3.2 (Cont.)
b. 1. All stairways to second and third stories shall be en-
closed within the exterior walls of the dwelling. There
shall be no exterior fire escapes.
2. An enlargement or addition to the structure is permitted
provided the architectural character of a detached one -
family dwelling is maintained. The additional floor space
created shall not be counted toward the requirement of
minimum net floor area as of January 1, 1983, set forth in
a.4., above.
3. Any new entrance shall be located on the side or the rear
of the dwelling.
4. Where there are two or more existing entrances on the front
facade of a dwelling, if modifications are made to any
entrance, the result should be that one apears to be the
principal entrance and any other entrance appears to be
secondary.
C. Off- Street Parking
In order to maintain the appearance of a single - family
neighborhood, all parking spaces on the lot shall be subject
further.to the following conditions and requirements.
1. Parking spaces shall be located so that each dwelling unit
shall have at least one parking space with direct and
unimpeded access to the street without passing through a
parking space designated to serve the other dwelling unit.
2. The provisions of subsection 5.2.2 c 1, 2, 3 and 6.
- 5.3.3 PROCEDURES
Each application for a special permit shall be accompanied by:
1. Floor plans, drawn to scale, of the dwelling showing each of
the dwelling units to be created;
2. Where exterior changes are proposed, an elevation, or other
visual representation, of the facade to be changed sufficient
to show the architectural character of the dwelling; and
3. An off - street parking plan as described in 11.2.1.
or act in any other manner in relation thereto.)
Karsten Sorensen gave an explanation of the article, assisted by
slides. 8:36 P.M.
Margaret F. Rawls, a member of the Accessory Apartment Committee,
spoke on the article and urged defeat. 8:42 P.M.
In answer to a question by Sam Silverman, Mr. Sorensen said that
the Board of Appeals issued the permits. 8:48 P.M.
Many questions were raised regarding the condition that no dwelling
unit may be located in a cellar or basement. Iris C. Wheaton wondered
if the Planning Board would be agreeable to amending the article by
deleting line 6. 9:03 P.M.
Frank Sandy moved to refer this article back to the Planning Board
for further study. After a short discussion, Mr. Sandy's motion to
refer to the Planning Board was declared lost by voice vote.
9:12 P.M.
® (ADJOURNED SESSION OF THE ANNUAL TOWN MEETING - MARCH 2 � �
7, 19$5)
Article 12. Fred D. Rosenberg moved that 5.3.2 a 3. be changed to read as follows:
(Cont.) The lot area shall be at least 10,000 square feet. 9:13 P.M.
After Mr. Rosenberg took time out to write out his amendment, Karsten
Sorensen stated that a majority of the Planning Board opposed this
amendment. 9:17 P.M.
The motion to amend Article 12, as presented by Mr. Rosenberg, declared
lost by voice vote. 9:18 P.M.
Iris G. Wheaton moved that Section 6 under 5.3.2. a be stricken and
the present Section 7 be renumbered accordingly. 9:19 P.M.
Mr. Sorensen said that the Planning Board had no objections to this
amendment and Selectman, John C. Eddison urged support of the
amendment. 9:20 P.M.
Motion to amend, as offered by Mrs. Wheaton, was declared
adopted by voice vote. 9:21 P.M.
Voice vote on main motion, as amended, was not unanimous so a
standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 9 James A. Cataldo 9
2 9 Christina J. Welch 8
3 11 Marian C. Reilly 6
4 10 Katherine G. Fricker 3
5 10 Diran M. Semonian 2
6 14 Lisabeth M. White 4
7 12 Graydon M. Wheaton 4
8 14 Florence E. Connor 2
9 12 Janet Perry 5
At Large 17 John E. Campbell 6
Total 118 49
More than the required two - thirds having voted in favor, the main
motion as offered by Mr. Sorensen and amended by Mrs. Wheaton was
declared adopted. 9:32 P.M.
(Main motion, as amended, as.adopted reads:
MOTION: That the Zoning By -Law be amended in subsection 5.3 by
deleting the entire subsection under the heading 5.3 CONVERSION OF ONE
(As FAMILY DWELLINGS between th.e words "The SPGA may issue ....." and the
adopted) words ".....walls of the building. "; and by substituting in place
the following:
(Approved
by Atty. 5.3.1 OBJECTIVES
General, The conversion of existing single - family detached dwellings
Aug. 19, into dwellings containing two dwelling units is intended to: 1) en-
1985. courage an increase in the number of dwelling units which are larger
Posted than those permitted as accessory apartments (see 5.2) while smaller
in than most one - family dwellings in the town, 2) encourage high standards
Town of maintenance for large one family dwellings which might fall into
Office disrepair, and 3) encourage a more economic, energy- efficient use of
Building the town's housing supply while maintaining the appearance and
& nine character of the town's single family neighborhoods.
precincts
on Sept. 5.3.2 CONDITIONS AND REQUIREMENTS
12, 1985.) In accordance with Section 3.3, and where consistent with the
objectives set forth in 5.3.1, the Board of Appeals may grant a special
permit for a second dwelling unit in a detached one - family dwelling in
an RO or RS district provided that each of the following conditions
and requirements is met:
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING MARCH 27; 1985)
Article 12. (Main motion, as amended, as adopted reads: (Cont.)
(Cont.)
5.3.2 (Cont.)
a. General
1. There shall be not more than two dwelling units in the
dwelling.
2. There shall be no roomers or boarders within either of the
(As dwelling units.
adopted)
3. The lot area shall be at least 15,500 square feet in the
RS district and 30,000 in the RO district.
4. The net floor area used for residential purposes shall
have been at least 2,500 square feet as of January 1, 1983,
which amount shall be verified in the records of the Building/
Inspection Department or on a document, "Total Living Area
of Dwellings as of January 1, 1983," prepared by the Board
of Assessors.
5. The smaller of the dwellings shall have at least 700
square feet of net floor area.
6. The dwelling shall be connected to public water and sanitary
sewer systems.
b. The dwelling to be converted shall be designed so that the
appearance of the structure remains that of a detached one -
family dwelling, subject further to the following conditions
and requirements:
1. All stairways to second and third stories shall be enclosed
within the exterior walls of the dwelling. There shall be
no exterior fire escapes.
2. An enlargement or addition to the structure is permitted
provided the architectural character of a detached one -
family dwelling is maintained. The additional floor space
created shall not be counted toward the requirement of
minimum net floor area as of January 1, 1983, set forth
in a.4., above.
3. Any new entrance shall be located on the side or the rear
of the dwelling.
4. Where there are two or more existing entrances on the front
facade of a dwelling, if modifications are made to any
entrance, the result should be that one appears to be the
principal entrance and any other entrance appears to be
secondary.
C. Off- Street Parking
In order to maintain the appearance of a single- family
neighborhood, all parking spaces on the lot shall be subject
further to the following conditions and requirements.
1. Parking spaces shall be located so that each dwelling
unit shall have at least one parking space with direct
and unimpeded access to the street without passing through
a parking space designated to serve the other dwelling unit.
2. The provisions of subsection 5.2.2 c 1, 2, 3 and 6.
5.3.3 PROCEDURES
Each application for a special permit shall be accompanied by:
1. Floor plans, drawn to scale, of the dwelling showing each
of the dwelling units to be created;
t)t (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MARCH 27, 1985)
Article 12. (Main motion, as amended, as adopted reads: (Cont.)
(Cont.)
5.3.3 (Cont.)
2. Where exterior changes are proposed, an elevation, or other
(As visual representation, of the facade to be changed sufficient
adopted) to show the architectural character of the dwelling; and
3. An off - street parking plan as described in 11.2.1.
Adopted. 118 In Favor. 49 Opposed)
(See Page 430)
Article 2. REPORTS OF TOWN OFFICERS,
BOARD, COMMITTEES
Michael J. O'Sullivan, Chairman of the Appropriation Committee,
presented a preliminary report of his committee in order to make
a general comment on the non - financial articles ... Article 24
being the dividing line. The financial articles will be taken up
after the spring recess, at which time the report of the
Appropriation Committee will be formally filed. He stated that over
the past three years Proposition 2 has cost the cities and town of
Massachusetts more than 677 million dollar in tax revenues but the
state government has increased direct and indirect local aid from
1.9 million to an estimated 2.7 million in the same period - an
800 million increase that more than offset the losses from
Proposition 2�. He added that they are not asking town meeting to
approve all of these non - financial articles that pertain to the
private sector but rather to judge each of them on their own merits.
The Committee stated that it had been supportive of operating under
the constraints of 2 in the past three years and see no deviation
from that posture in the foreseeable future. They want to make 2'2
work.
Mr. Sullivan moved that his report be accepted and placed on file.
Adopted unanimously. 9:40 P.M.
Jacquelyn H. Ward, filing an interim report of the Capital Expendi-
tures Committee, said that the Committee is concerned about how
Lexington is going to be able to maintain its existing level of
services in future years under the limitations of Proposition 2g.
In recent years, it has only been the annual increase in tax base
resulting from new construction that has prevented service cuts, and
unless the tax base can continue to expand, we may soon be forced to
consider override of 22, with higher taxes for all.
Mrs. Ward moved that her report be accepted and placed on file.
Adopted unanimously. 9:40 P.M.
Article 13. ZONING BY -LAW, CM, CH
DISTRICTS, FLOOR AREA RATIO
Judith J. Uhrig moved that Article 13 be postponed to Wednesday,
April 3.
Adopted unanimously. 9:41 P.M.
(See Page 439. Adopted motion: Page 458.)
( ADJOURNED SESSION OF THE 1985 ANNUAL TOWN ME ETING - MARCH 27, 1985) c "9
Article 14. ZONING BY -LAW, LIQUOR STORES
CG ZONING DISTRICT
Karsten Sorensen moved that the Report of the Planning Board on
Article 14 be accepted and placed on file.
Adopted unanimously. 9:42 P.M.
Karsten Sorensen made the following motion:
............
(See MOTION: That the Zoning By -Law be amended as set forth in the
below article. 9:42 P.M.
for
motion
as (Article 14 as set forth in the article:
adopted)
To see if the Town will vote to amend the Zoning By -Law in Table 1,
USE REGULATIONS SCHEDULE, in line 6.2, Retail liquor stores, by adding
a note, as follows: " *Stores existing on April 4, 1984 in the
Massachusetts Avenue district in East Lexington, or in the Worthen
Road- Bedford Street district, may be reconstructed, expanded and /or
relocated within the same district where located as of that date if
in compliance with Table 2, but not in any other CG district ", and
by adding the designation " *" next to the "No" on that same line
under the column headed CG;)
Mr. Sorensen gave a short explanation of the article. 9:43 P.M.
Ephraim Weiss moved to amend as follows:
MOTION: That the words "and /or relocated within the same district"
and "but not in any other CG district" be deleted from the main
motion and add "and /or" between "reconstructed" and "expanded ".
9:45 P.M.
Mr. Sorensen voiced the opposition of the Planning Board to this
amendment. 9:46 P.M.
Mr. Weiss's motion to amend was declared lost by voice vote.
9:46 P.M.
Main motion as presented by Mr. Sorensen was declared adopted
unanimously. 9:47 P.M.
(Main motion as adopted reads:
(As MOTION: That the Zoning By -Law be amended in Table 1, USE REGULATIONS
adopted) SCHEDULE, in line 6.2, Retail liquor stores, by adding a note, as
(Approved follows: " *Stores existing on April 4, 1984 in the Massachusetts
by Atty. Avenue district in East Lexington, or in the Worthen Road- Bedford
General, Street district, may be reconstructed, expanded and /or relocated
Aug. 19, within the same district where located as of that date if in compliance
1985. with Table 2, but not in any other CG district ", and by adding the
Posted in designation " *" next to the "No" on that same line under the column
Town headed CG.
Office
Building Adopted unanimously. 9:47 P.M.
& nine precincts
on Sept. 12, 1985)
Article 15. AMEND ZONING BY -LAW
PARKING SPACE ELEVATIONS
Stephen B. Cripps moved that the Report of the Planning Board on
Article 15 be accepted and placed on file.
Adopted unanimously. 9:48 P.M.
Stephen B. Cripps presented the following motion:
(As MOTION: That the Zoning By -Law be amended by inserting a new para-
adopted) graph in 11.7.6, as follows:
Vic) 4 (AD7OURNEb SESSION OF THE 1985 ANNUAL TOWN MEETING = MARCH 27, 1985)
Article 15. e. Off- street parking spaces and loading bays which are located on
(Cont.) ground elevations lower than the 100 year flood elevation as
(As shown on the most recent edition of the Flood Insurance
adopted) Rate Map, Town of Lexington, Massachusetts, or as shown by survey
and hydraulic calculations certified by a registered land surveyor
and registered professional engineer, shall not count as required
(Disapproved parking spaces or loading bays.
by Arty. Gen. 9:50 P.M.
September
19, 1985) Mr. Cripps gave a short explanation of the motion. 9:54 P.M.
Angela E. Frick voiced the support of the Conservation Commission on
this motion and added that David G. Williams, Chairman of the Con-
servation Commission and she had signed the petition for the late
Manfred P. Friedman in order that this article could be placed on.
the warrant for this town meeting. 9:57 P.M.
Motion as presented by Mr. Cripps declared adopted unanimously.
9:57 P.M.
Article 16. AMEND ZONING BY -LAW
CONGREGATE LIVING FACILITY
Ephraim Weiss moved that Article 16 be postponed until after Article 11.
Adopted unanimously. 9:59 P.M.
(See Pages 458, 471, 488 & adopted motion on Page 521.)
Article 17. (See Pgs. 459, 502) AMEND ZONING BY -LAW
TABLE 1 - HEALTH HAZARDS
Karsten Sorensen moved that Article 17 be postponed to April 8 or
later. 10 P.M.
The Moderator stated that he would delete "or later" from the
motion. The motion would be to "postpone Article 17 to April 8"
and if, at that time, a further postponement was needed, another
motion to postpone to a time certain should be offered.
Motion to postpone Article 17 to April 8 was declared adopted
unanimously. 10 P.M.
Article 18. AMEND ZONING BY -LAW
WALTHAM STREET, CN, RO To CD
Presented by James M. McLaughlin.
(Not MOTION: That the Town vote to amend the Zoning By -Law by changing the
adopted) district designation from CN (Neighborhood Business) and RO (One Family
Residential) to CD (Controlled Commercial and Industrial District) of the
(See I land located at the southeast corner of Concord Avenue and Waltham
Page Street shown on a plan entitled "Plan of Land, District, in Lexington,
494 for Mass., scale: 1" = 40', dated December 21, 1984, by: Miller &
adopted Nylander Co., 114 Waltham Street, Lexington, Mass." being more partic-
motion.) ularly bounded and described as follows:
WESTERLY by Waltham Street, one hundred ninety -five and
33/100 (195.33) feet;
NORTHERLY by a curved line forming the intersection of Waltham
Street and Concord Avenue, one hundred twelve and
72/100 (112.72) feet;
NORTHEASTERLY by Concord Avenue, one hundred sixty -eight and
54/100 (168.54) feet;
SOUTHEASTERLY, EASTERLY AND SOUTHEASTERLY again by land now or
formerly of Coburn Real Estate Trust as shown on
said plan by three courses measuring one hundred
eleven and 25/100 (111.25) feet, eighty -one and
76/100 (81.76) feet, and sixty -five and 23/100
(65.23) feet respectively; and
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MARCH 27, 1985) 35
Article 18. SOUTHWESTERLY by land now or formerly of Alice E. McDevitt as
(Cont.) shown on said plan one hundred eighty -four and 12/100
(184.12) feet.
Containing 55,357 square feet of land more or less; all in
accordance with a preliminary Site Development and Use Plan
entitled "Site Development Report for Land at 922 Waltham Street,
Article 18, 1985 Annual Town Meeting, March 25, 1985 ".
10:03 P.M.
Mr. McLaughlin asked that Nicholas A. Cannalonga of 120 Kendall
Road be recognized. 10:03 P.M.
Judith J. Uhrig moved that the Report of the Planning Board on
Article 18 be accepted and placed on file.
Adopted unanimously. 10:05 P.M.
Mr. Cannalonga, the owner of the property involved and the proponent
of the article, gave a lengthy explanation of this zoning change.
10:25 P.M.
Mrs. Uhrig stated that the Planning Board recommended approval of
this article. 10:25 P.M.
Robert I. Rotberg, Town Meeting Member, Caleb Warner, 546 Concord
Avenue and Daniel L. Sharp, 352 Concord Avenue all spoke in opposi-
tion. Mr. Sharp filed a petition with fifty signatures of residents
in the area who strongly opposed this rezoning.
10:42 P.M.
Mary Lou Casson, 15 Chadbourne Road, spoke in favor and read a
letter from Helen R. M. Ingram, 942 Waltham Street, also in favor.
Others speaking in favor: Joseph J. Volante, 85 Lowell Street;
Town Meeting Members: Sandra J. Shaw, Dan H. Fenn, Jr. and Marian C.
Reilly.
Speaking against: Jacqueline B. Davison, as Chairman of the South
Lexington Civic Association, James E. Barry, Ephraim Weiss, Gloria V.
Holland and Graydon M. Wheaton. Margaret F. Rawls voiced her concern
regarding parking places. Mr. Cannalonga said that the requirement
is for fifty parking spaces and they would have three more over that
amount. 11:05 P.M.
Voice vote on Mr. McLaughlin's main motion was not unanimous, so a
standing vote was taken as follows:
P recinct In Favor Tellers Opposed
1 14 James A. Cataldo 3
2 10 Christina J. Welch 5
3 11 Marian C. Reilly 6
4 5 Katherine G. Fricker 8
5 5 Diran M. Semonian 6
6 10 Lisabeth M. White 7
7 7 Graydon M. Wheaton 7
8 8 Florence E. Connor 7
9 8 Eleanor II. Klauminzer 7
At Large 22 John R. Campbell 1
Total 100 57
Less than the required two - thirds having voted in favor, the
motion was not adopted. 11:12 P.M.
James M. McLaughlin served notice of reconsideration of Article 18.
(See Pages 492 -494) 11 P. M.
Paul W. Marshall moved that this meeting be adjourned to Monday, April 1, 1985 at
8 P.M. in Cary Memorial Hall. A-7ltd0 dopte by voice vote. 11:13 P.M.
A true copy. Attest: ✓ �.)v Mary R. McDonough, Town Clerk
4 36 (ADJOURNED 88SSION Off' TgE 1985 ANNUAL TOWN MEETING APRIL l; 1985)
ADJOURNED SESSION OF TH 1985 ANNUAL TOWN MEETING
HELD APRIL 1, 1985
The meeting was called to order in Cary Memorial Hall at 8 P.M. by the Moderator,
Lincoln P. Cole, Jr.
There were 171 Town Meeting Members present.
Invocation offered by Rabbi Richard I. Meirowitz of Temple Emunah. 8:01 P.M.
The Moderator declared that the meeting was open on Article 11. (See Pg. 427)
Article 11. ZONING BY -LAW, COMPREHENSEIVE REVISION -
PLANNED RESIDENTIAL DEVELOPMENT
Jacquelyn R. Smith moved that the Report of the Planning Board be
accepted and placed on file.
Adopted unanimously. 8:03 P.M.
(See Presented by Jacquelyn R. Smith.
Pages
440- MOTION: That the Zoning By -Law be amended as set forth in the
457 for motion attached to the Planning Board report and filed with the
motion Town Clerk. 8:03 P.M.
as
adopted) (Because of the length of the motion as attached to the Planning
Board Report, it is not being typed into these minutes but may be
seen with all papers referring to this meeting in the Town Meeting
file.)
Mrs. Smith gave a lengthy explanation of the article. 8:23 P.M.
Thomas G. Taylor, Chairman of the Board of Appeals, was
recognized and he read a letter from the Board of Appeals to the
Planning Board, dated March 24, 1985 stating their complete
agreement with the Planning Board. 8:25 P.M.
A majority of the Planning Board recommended approval of this
article. Karsten Sorensen, who did not sign the Planning Board
Report, stated that he felt there were problem areas. Mrs. Smith
answered his remarks. 8:32 P.M.
Arthur C. Smith moved that Section A. be amended by striking the
words "9.3 Special Permit For Converted Municipal Buildings and
Public School Buildings" & by striking section 9.3.5 and renumbering
subsequent sections appropriately and by renumbering the current
section 9.3 to become 9.5. 8:34 P.M.
Jacquelyn R. Smith asks for a recess and the Moderator grants a five
minute recess at 8:35 P.M. The Moderator called the meeting to order
at 8:44 P.M.
The Moderator read Mr. Smith's motion to amend, which was corrected
during the recess with the aid of the Town Counsel:
(Amend- MOTION: That the motion under Article 11 be amended by striking the
ment words "9.3 Special Permit For Converted Municipal Buildings and Public
adopted) School Buildings" in the introductory paragraph & by striking section
9.3.5 and by renumbering the current section 9.3 appropriately.
8:45 P.M.
Mr. Smith explained that he wished to remove all mention of mun.ici-
pal buildings from Article 11. 8:47 P.M.
Mr. Smith's motion to amend Article 11 was declared adopted by
voice vote. 8:49 P.M.
(ADJOURNED SESSION OF THE 19 ANNUAL TOWN MEETING - APR 1, 1985) 7
Article 11. Jacquelyn R. Smith moved that Sub - section 8.4.2 d be amended by
(Cont.) inserting the words "in the RD district," after the words ....by more
than 10% and by inserting the words "in the CD district" after the
words maximum floor area ratio
9 P.M.
Margaret F. Rawls said that she would like to change the motion to
amend, to which Mrs. Smith said that she had no objections.
9:04 P.M.
Margaret F. Rawls moved that the amendment offered by Mrs. Smith be
amended to read so that the words following "by more than 10V shall
be "or to exceed the maximum floor area ratio for that CD district"
9:10 P.M.
Mrs. Rawls amendment to the amendment was declared adopted at
9:10 P.M. and the Moderator immediately called for a five minute
recess. The meeting was called to order at 9:28 P.M.
Mrs. Rawls moved for reconsideration of her motion to amend,that
was just adopted. She stated that she wanted to vote down the
amendment and reintroduce a new amendment. 9:28 P.M.
Motion to reconsider Mrs. Rawls amendment was declared adopted by
voice vote. 9:29 P.M.
Mrs. Rawls moved that her motion to amend Mrs. Smith's amendment
be rejected. This motion was declared adopted. The amendment was
rejected. 9:30 P.M.
Margaret F. Rawls moved to substitute the following motion for
Mrs. Smith's motion to amend:
(Amend- MOTION: That Subsection 8.4.2 d be amended by striking the words
ment following "by more than 10%" and substituting the words "in the RD
adopted) district, or to exceed the maximum floor area approved for the CD
district." 9:32 P.M.
Mrs. Rawls motion to substitute a motion for Mrs. Smith's motion to
amend was declared adopted by voice vote. 9:33 P.M.
Substitute motion to amend, as offered by Mrs. Rawls, was declared
adopted unanimously. 9:33 P.M.
Jacquelyn R. Smith moved to table Article 11. This motion was
adopted at 9:33 P.M.
(See Pages 427. Adopted motion: Pages 440 -457)
Article 2. Jacquelyn R. Smith explained that she had made the motion to table
Article 11 in order that the members would have more time.to digest
the changes. 9:33 P.M.
Article 19. AMEND ZONING BY -LAW
HAYDEN AVENUE, RO to CD
Presented by John S. Willson.
(John S. Willson and Judith J. Uhrig verbally informed the Moderator
and the Town Clerk that they would not vote on this article as they
are both employees of Temple, Barker and Sloane.)
(Not MOTION: To change the zoning district in which the land bounded and
adopted) described below from RO - -ONE- FAMILY DWELLING DISTRICT TO CD-- CONTROLLED
COMMERCIAL AND INDUSTRIAL DISTRICT in accordance with the preliminary
site development and use plan dated January 14, 1985, and filed with
the Lexington Town Clerk.
43S (ADJ OURNED SESSTON OE THE 1585 ANNUAL TOWN MEETING' - APRIL 1, 19 5)
Article 19. Four contiguous parcels of land in Lexington, Massachusetts,
(Cont.) bounded northerly by Hayden Avenue, southerly by the Concord Turn-
pike (Route 2) and easterly by the access ramp between those two
roads, being described in Certificates of Title No. 154914 and
No. 128616 at the South Middlesex Registry District of the Land
Court and shown as Lots 17, 18, and 20 on Land Court Plan No. 2802Z
and Lot 15 on Land Court Plan No. 2802Y, copies of which are avail-
able for inspection in the office of the Lexington Town Clerk.
9:38 P.M.
At the request of Mr. Willson, Carl Sloane and Greg Muzzey, both of
Temple, Barker and Sloane, were recognized and gave explanations of
the motion.. Mr. Muzzey was recognized for a second ten minute
period. It was explained that, due to objections last year, the
mechanical equipment was removed from the roof. This three story
building that was to be built into the side of the hill would be
110 feet from Route 2. Parking would be provided for one hundred
cars and 50% of the site would be greenery. The overall height
would be 39 feet. 10:08 P.M.
Jacquelyn R. Smith moved that the Report of the Planning Board be
accepted and placed on file. This motion was declared adopted
unanimously. 10:09 P.M.
Mrs. Smith, giving a short summary of the report, stated that the
Planning Board recommended approval of this article. 10:14 P.M.
John C. Eddison stated that a majority (four members) of the Board
of Selectmen supported this article. 10:13 P.M.
Richard W. Souza, 'Town Meeting Member, with the aid of Alan B. Wade
of 524 Concord Avenue, showed slides and spoke in opposition. He
said that his area wanted to stop this galloping rezoning.
10:16 P.M.
Fred L. Adair, Jr., 16 Bridle Path and Wilma E. Frey, 1133 Massachu-
setts Avenue, both employees of Temple, Barker and Sloane, were
recognized and spoke in favor of the article. 10:23 P.M.
Louise V. T. Kava, 60 Shade Street and a Mr. Richards, a resident
in Precinct 3, spoke in opposition. 10:45 P.M.
Ephraim Weiss stated that Temple, Barker and Sloane is a good
company but that is not the issue. The issue is land use and the
vote on the article should be based on that alone. Dan H. Fenn, Jr.,
Jacqueline B. Davison, speaking for the South Lexington Civic Assoc-
iation, and Jack Sarmanian spoke in opposition as did James E. Barry.
Sandra J. Shaw and Thomas E. Fortmann spoke in favor. 10:50 P.M.
James M. McLaughlin moved the previous question which was declared
adopted by voice vote. 10:50 P.M.
The Moderator asked for a standing vote on the main motion, results
as follows:
Precinct I n Favor Tellers Opposed
1 12 James A. Cataldo 3
2 15 Christina. J. Welch 1
3 3 Marian C. Reilly 12
4 7 Katherine G. Fricker 7
5 4 Diran M. Semonian 10
6 8 Lisabeth M. White 6 (2 abstain)
7 8 Graydon M. Wheaton 7
8 9 Florence E. Connor 7
9 9 Deborah B. Green 7
At Large 23 John R. Campbell 1
Totals 98 61
Less than the required two - thirds having voted in favor, the motion
as presented by Mr. Willson is not adopted. 10:57 P.M.
c
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 1, 1 985)
Article 2. Paul W. Marshall reported on the timetable, as best he knew, for
the remaining zoning articles:
The report (Planning Board report) on Articles 23 and 24 will
be ready next Monday, therefore cannot be addressed until Wednes-
day, April 10 in order that the members have a chance to study
the reports.
The report on Article 21 will not be ready before the spring break.
It is the understanding that Articles 20 and 22 will be withdrawn
(indefinitely postponed).
That leaves Articles 13, 11, 16, 17 and 8.
11:01 P.M.
James M. McLaughlin moved that Article 22 be taken up at this time.
11:02 P.M.
Erna S. Greene moved that this meeting be adjourned to Monday, April 8,
1985 at 8 P.M. in Cary Memorial Hall. 11:05 P.M.
Mrs. Greene withdrew her motion to adjourn. 11:06 Y.M.
Motion, as offered by Mr. McLaughlin, to take up Article 22 at this time
was declared adopted by voice vote. 11:08 P.M.
Article 22. AMEND ZONING BY -LAW
LOWELL STREET, RO TO RM
James M. McLaughlin moved to table Article 22.
Adopted by voice vote. 11:08 P.M.
(See Page 530)
Article 13. (See Pages 432. ZONING BY -LAW, CM, CH
Adopted motion DISTRICTS, FLOOR AREA RATIO
on Page 458.)
Paul W. Marshall. moved to further postpone Article 13 to April 8.
Adopted unanimously. 11:08 P.M.
Paul W. Marshall moved that this meeting be adjourned to Monday, April 8,
1985 at 8 P.M. in Cary Memorial Hall.
Adopted by voice vote. 11:09 P.M.
A true copy.
Attest:
G
Mary R. McDonough, Town Clerk
ADJOURNED SESSION OF THE 1985.ANN T OWN MEETING
HELD APRIL 8, 1985
The meeting was called to order in Cary Memorial Hall at 8 P.M. by the Moderator,
Lincoln P. Cole, Jr.
There were 173 Town Meeting Members present.
Invocation was offered by Rev. Polly Laughland Guild of the Follen Community
Unit. /Univ. Church at 8:01 P.M.
Jacquelyn R. Smith moved that Article 11 be taken off the table.
Adopted. unanimously. 8:02 P.M.
Article 11. (See Pages 436 & 437) ZONING BY -LAW COMPREHENSIVE REVISION -
PLANNED RESIDENTIAL DEVELOPMENT
On April 1, 1985, Jacquelyn R. Smith moved that the Report of the
Planning Board be accepted and placed on file. This motion was
adopted unanimously. 8:03 P.M. (See Page 436)
Mrs. Smith gave an explanation of the article and a sense of the
major things that they had changed. A majority of the Planning
Board supports this article. 8:25 P.M.
Ephraim Weiss spoke in support of the article. 8:27 P.M.
Karsten Sorensen, a minority of the Planning Board, spoke in
opposition, feeling that the article had problems. He reviewed
points made at the last town meeting. 8:34 P.M.
James M. McLaughlin, as a member of the Lexington Housing Authority,
spoke in opposition. 8:35 P.M.
Paul W. Marshall, Chairman of the Board of Selectmen, voiced the
unanimous support of the Board. 8:36 P.M.
Main motion as presented by .Jacquelyn R. Smith and amended by
Arthur C. Smith and Margaret F. Rawls (all on April 1, 1985 -
Pages 436 & 437) was voted on by voice vote, which was not
,unanimous, so a standing vote was taken as follows:
Precinct In Favor Tellers Abstained Opposed
1 13 John W. Maloney 2 4
2 14 Christina J. Welch 1
3 15 Marian C. Reilly 1
4 11 Peter C. J. Kelley 1
5 12 Diran M. Semonian 1
6 15 Lisabeth M. White 0
7 9 Richard B. Wolk 5
8 10 Florence E. Connor 1 6
9 11 Deborah B. Green 4
At Large 15 John R. Campbell 8
Total 125 3 31
More than the required two - thirds having voted in favor, the motion
was adopted. 8:39 P.M.
(Main motion. as presented by Mrs. Smith, amended by Arthur C.
Smith and Margaret F. Rawls as adopted reads:
(As MOTION: That the Zoning By -Law be amended by deleting subsections 8.1
adopted) MULTI- DWELLING DISTRICT - RD, 8.3 SUBSIDIZED HOUSING DISTRICT - RH,
9.1 CLUSTER DEVELOPMENT, 9.2 CONGREGATE LIVING FACILITY, 9.4 SITE PLAN
REVIEW AND SPECIAL PERMITS FOR CONVENTIONAL SUBDIVISIONS and the title
Section 9 SPECIAL REGULATIONS, in their entirety; and by renumbering
the current section 9.3 appropriately.
A 4 1 .,
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 8, 1985) ``.
Article 11. By adding a new SECTION 9. PLANNED RESIDENTIAL DEVELOPMENT, as
(Cont.) follows:
"SECTION 9. PLANNED RESIDENTIAL DEVELOPMENT
9.1 OBJECTIVES AND APPLICABILITY
(As
adopted) 9.1.1 The provisions of this section are intended to:
a. insure that the development of additional housing does not
(Approved detract from the livability, scale, character or economic
by Attorney value of existing residential neighborhoods;
General,
August 19, b. encourage greater diversity of housing opportunities in
1985. Lexington to meet the needs of a population which is
Posted in diversified with respect to number of persons in a house -
Town Office hold, and income;
Building &
nine precincts C. provide greater choice in the type of housing available to
on September correspond to the varying needs of town residents in differ-
12, 1985.) ent stages of their life cycle;
d. encourage the development of housing affordable to low -,
moderate- and middle - income households;
e. provide greater flexibility and design freedom in the
development of those tracts of land which lend themselves
to planned development;
f. promote a high standard in the design of development sites
and of individual buildings;
g. encourage the preservation of open space for conservation,
outdoor recreation or park purposes, in conjunction with
residential development;
h. encourage the preservation, and minimum disruption, of the
existing natural features of land and to minimize impacts
on environmentally sensitive areas;
i. preserve, where applicable, historically or architecturally
significant buildings or places;
j. permit obstensibly different types of structures and resi-
dential uses to be combined in a planned interrelationship;
k. facilitate a detailed review, by town officials and by the
public, of those developments which either: 1) have an
impact on public facilities and services and on adjoining
land, or 2) are large enough to constitute a self - contained
environment;
1. promote the efficient and economical provision of public
facilities such as utilities and streets;
M. assure that the number of dwelling units allowed will be
compatible with surrounding land uses, and that traffic
and public services will not be adversely impacted;
9.1.2 No building permit shall be issued for a dwelling which is part
of a development on a tract of three or more dwelling units, or their
equivalent in housing accommodations not classified as dwelling units,
except in accordance with the provisions of this section.
` 4 (ADJOURNED'S 88ION OV THE 1985 ANNUAL TOWN MEETING - APRIL $, 1985)
Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by Arthur
(Cont.) C. Smith and Margaret F. Rawls as adopted reads: (Cont.)
9.2 SCHEDULE OF PERMITTED BUILDINGS, DENSITY AND DIMENSIONAL STANDARDS
(Applicable to the planned residential development as a whole.)
Z O N I N G D I S T R I C T S
(As RO RS RD
adopted) 9.2.1 Minimum Area of Tract to 100,000 sf 100,000 sf* 125,000 sf
be Developed *no require-
ment for a conventional
subdivision
9.2.2 Maximum Base Density in @ 1.2 /acre @ 2.4 /acre No require -
Dwelling Units, or ment
Equivalent Calculation:
multiply developable
site area. (see 7.9) by 0.85 No require -
and divide the product by: 30,000 sf 15,500 sf ment
9.2.3 Types of Buildings Permitted
a. One- Family Detached' Yes* Yes* Yes*
b. One- Family Attached', SP* SP* Yes*
c. Two - Family SP* SP* Yes*
d. Townhouse SP* SP* Yes*
e. Three, Four. - Family No No Yes*
f. Multi- family No No Yes*
g. Rooming House No No Yes*
h. Group Quarters * *Yes where No ** No ** Yes*
accessory to a religious or
educational use
i. Group Care Facility', No No Yes*
j. Congregate Living Facility No No Yes*
k. Long -Term Care Facility No No Yes*
1. Conversion of Municipal
Building SP* SP* Yes*
* SPS required for the planned residential development
9.2.4 Minimum Frontage of the
Tract on Existing Street 50 ft. 50 ft. 100 ft.
9.2.5 Minimum Yard Setback on
Perimeter of Tract
a. Front Yard 40 ft 40 ft 50 ft
b. Side yard, rear yard 30 ft 20 ft 40 ft
9.2.6 Maximum Tmpervious Surface 0.15 0.20 0.40
Ratio Calculation: Divide
area of impervious surface
by developable site area
(see 7.9)
9.2.7 Minimum Usable Open Space 5,000 sf 3,500 sf 1,500 sf
per Dwelling Unit, or
Equivalent
9.2.8 Maximum Height of Dwellings 40 ft 40 ft 40 ft
NOTE: In an RO or RS district, a planned residential development
may be: 1) a conventional subdivision, 2) a cluster subdivision with
the tract divided into separate lots for dwellings, or 3) a cluster
development in which the land, except for such common open space as
may be deeded to the town, is in one ownership.
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 8, 1985) 4 3
Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by
(Cont.) Arthur C. Smith and Margaret F. Rawls as adopted reads: (Cont.)
9.2.9 DENSITY: The maximum number of dwelling units in a conventional
subdivision, a cluster subdivision, or a cluster development shall be
the lesser of.: 1) the maximum base density set forth in 9.2.2 or 2)
the number of lots complying with the minimum lot area, lot frontage
and lot width requirements permitted in a conventional subdivision.
To determine the number of lots, the applicant shall submit: 1) a
(As certified calculation of the developable site area (see 7.9) and
adopted) 2) a plan of the tract showing a lot layout and street layout only,
complying with the Planning Board's "Rules and Regulations."
The maximum density of a facility permitted by 9.2.3 h, i, j, or k
shall be determined by 9.2.2 and, where applicable, 9.2.10.
9.2.10 EQUIVALENT DENSITY, RESIDENTIAL ACCOMMODATIONS NOT IN DWELLING
UNITS
Where residential accommodations do not have kitchen and dining
facilities and are not arranged in dwelling units, for the purpose of
calculating density and other dimensional standards, the following
shall be considered equivalent to one dwelling unit:
1,000 square feet of gross floor area in a long -term care
facility
1,200 square feet of gross floor area in group quarters, a group
care facility or congregate living facility
9.2.11 DIMENSIONAL STANDARDS, WAIVERS
A conventional subdivision shall comply with both the dimensional
standards set forth in Table 2 and subsection 9.2.
In an RO or RS district, where the proposed development is a cluster
subdivision, a cluster development or includes types of buildings
identified in 9.2.3 as allowed by special permit, and where the
number of dwelling units does not exceed the maximum density as set
forth in 9.2.9, the SPGA, as part of the grant of a special permit
with site plan review, may also grant a special permit modifying the
standards in Table 2 for minimum lot area, minimum lot frontage,
minimum front yard, minimum side yard, minimum rear yard, minimum
yard adjacent to other districts, minimum percentage of open area and
maximum height in stories and the minimum lot width in subsection
7.2.2, as they may apply to individual dwellings within a planned
residential development, provided it makes a finding that the devel-
opment complies with the standards and criteria in 9.4.8.
9.3 GE NERAL P ROVISIONS
9.3.1 COMPLIANCE WITH OTHER RULES AND REGULATIONS
The construction of community services, such as utilities, and
of streets and interior drives shall comply with the requirements of
the Planning Board's "Rules and Regulations Governing the Subdivision
of Land." Nothing contained herein shall in any way exempt a con-
ventional subdivision from compliance with the right of the Board of
Health and of the Planning Board to approve, with or without modifica-
tions, or disapprove a subdivision plan in accordance with the provi-
sion of the "Rules and Regulations" and of the Subdivision Control Law.
9.3.2 STREETS, DRIVES
The objective of this section is to provide two means of access
to dwelling units for emergency vehicles. Each street and interior
drive, or system of streets or interior drives, within a planned
residential development shall connect to a public street. A dead -end
street or dead -end interior drive shall not be more than 650 feet
from a through public street or from a street or interior drive which
intersects with a through public street in at least two places which
are not less than 100 feet apart. Where there are more than 10
dwelling units served by a dead -end street or dead -end interior
drive, two means of access, suitable for fire - fighting and other
emergency operations, such as by paved or all - weather routes, shall
be provided to each dwelling unit.
W
(AD 7OtRNEn'SESSION OF THE "1985 ANNUAL TOWN MEETING APRIL 8, 1985)
Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by Arthur C.
(Cont.) Smith and Margaret F. Rawls as adopted reads: (Cont.)
9.3.2 (Cont.)
If a street or interior drive in a development tract is located in a
minimum yard required by 9.2.5, in order to provide protection for
abutting residential lots, there shall be a screen of densely planted
(As adopted)vegetation and /or an opaque fence adjacent to the lot line, for such
distance as the Planning Board may determine.
9.3.3 NON- RESIDENTIAL USES
In the RD district, the residential development may also include
commercial uses provided: 1) such uses serve primarily the residents
of the development, 2) are conducted within and may be entered only from
within a principal building, 3) there is no external evidence of such
uses visible beyond the development tract, and 4) the appearance and
character of the commercial uses are compatible with a residential
development.
9.3.4 PARTS OF DWELLING UNITS BELOW GROUND
No part of a dwelling unit or rooming unit used for sleeping,
cooking, dining or bathroom purposes may be located in a cellar. A
part of a dwelling unit or rooming unit used for such purposes may be
located in a basement provided the vertical height between the hori-
zontal plane of the ceiling and the finished grade of the ground
adjoining the dwelling unit is at least six feet for at least two -
thirds of the length of the exterior walls of all rooms used for
such purposes.
9.3.5 (Space Reserved)
9.3.6 COMMON OPEN SPACE
At least 25% of the area of the development tract shall remain as
common open space. This requirement shall not apply to a conventional
subdivision. Such open land may be in one or more parcels of a size
and shape appropriate for the intended use and may be conveyed: 1)
to and accepted by the Town or its Conservation Commission, 2) to a
legal association comprised of the owners of the development, which
may include homeowners, or 3) to a non - profit organization the
principal purpose of which is the conservation of open space. When
such open space is conveyed to persons or entities other than the Town,
an easement over such land shall be granted to the Town to insure its
perpetual use as open space, conservation, recreation or park land.
A maximum of 209 of such open space may be devoted to parking or
structures used for, or accessory to, active outdoor recreation and
consistent with the open space uses of such land.
9.3.7 USABLE OPEN SPACE
Usable open space shall be provided for the recreational and
leisure time use of the occupants of dwellings. Such open space shall
be equal to or greater than the amount shown in subsection 9.2.7. To
qualify as usable open space, an area shall conform to the following
standards:
a. USABILITY: A space must have a surface which is adequately
drained, and permits recreational or leisure time use. Such sur-
face may include any combination of grass, plant materials, wood,
or paving materials of a type designed for pedestrian or recrea-
tional use. No open space shall be considered usable if the slope
of the finished grade is more than 10 percent or if the area is
wet or swampy.
b. LOCATION: The nearest part of the space shall be not more than
300 feet walking distance from the dwelling unit it serves.
Usable open space may be located in an area which: 1) is on a
privately owned lot occupied by one dwelling or a space designated
for the exclusive use of one dwelling unit, or 2) qualifies as
common open space.
C. SIZE AND SHAPE: No open space shall be considered usable
unless it has a minimum horizontal area of 600 square feet and no
dimension less than 20 feet.
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 8, 1985 '
Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by Arthur
(Cont.) C. Smith and Margaret F. Rawls as adopted reads: (Cont.)
9.3.7 (Cont.)
d. STRUCTURES AND FACILITIES: All usable open space shall be
open to the sky, and may include unroofed facilities such as a
tennis court, swimming pool and related structures, or similar
(As recreational facilities.
adopted) 9.4 SPECIAL PERMITS: PROCEDURES, CRITERIA
9.4.1 SPS REQUIRED
No planned residential development shall be initiated without
first obtaining a special permit with site plan review in accordance
with the provisions of this section. The purpose of the special permit
with site plan review is to provide individual detailed review of
planned residential developments which have a substantial impact
upon the character of the town and impacts on adjoining residential
areas and the provision of public facilities and services.
9.4.2 SPGA
The Planning Board shall be the special permit granting authority,
except that the Board of Selectmen shall be the SPGA for the conver-
sion of municipal buildings. In acting upon applications for special
permits, the SPGA shall be governed by the provisions of Section 3.4.
9.4.3 SPECIAL PERMIT APPLICATION REQUIREMENTS
The application to the SPGA for a special permit with site plan
review (SPS) under this section shall be accompanied by a definitive
site development plan, as described in subsection 3.6.
Where the applicant submits a definitive subdivision plan complying
with the Subdivision Control Law and the Planning Board's "Rules and
Regulations," insofar as practical, the public hearing on the appli-
cation for the special permit and the definitive subdivision plan
shall be held concurrently.
9.4.4 SPECIAL PERMIT PROVISIONS
The SPGA may grant a special permit with site plan review for
the development of any tract of land in a residential district
provided it makes a determination that the proposed development is
consistent with the standards and criteria set forth in subsection
9.4.8, subject to the following provisions:
a. The special permit shall incorporate by reference the building
design and definitive site development plans filed with the
application for a special permit.
b. The SPGA may require that the dwelling unit density be less
than that shown on the definitive site development plan if
it determines that the criteria contained in subsection
9.4.8 so require.
9.4.5 DENIAL OF SPECIAL PERMIT
The SPGA may deny an application for a special permit with site
plan review hereunder and base its denial upon:
a. a failure to comply with the provisions set forth in Section 9,
b. a finding that the proposed development would not be con -
sistent with the general objectives for planned residential
development set forth in subsection 9.1.1, or the criteria
set forth in subsection 9.4.8,
9.4.6 REVISION OF SPECIAL PERMIT
Subsequent to a special permit with site plan review granted by
the SPCA under the provisions of this section and where applicable,
the approval of a definitive subdivision plan, minor revisions may be
made from time to time in accordance with applicable law, by -laws, and
regulations, but the planned residential development approved under such
SPS shall otherwise be in accordance with the application for the SPS,
except as modified by the decision of the SPGA. The developer shall
4 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 8, 1985)
Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by Arthur
(Cont.) C. Smith and Margaret F. Rawls as adopted reads: (Cont.)
9.4.6 (Cont.)
notify the SPGA in advance of any such revision which shall not be
effective until approved by vote of the SPGA. If the SPGA determines
such revisions not to be minor, it shall order that an application for
a revised SPS be filed, and a public hearing be held in the same manner
as set forth in Section 3.4.
9.4.7 SPS VS. REZONING
Where the density of dwelling units exceeds that authorized by
(As subsection 9.2 or where the type of building proposed is indicated
adopted) by the designation "No" in subsection 9.2.3, a petition for a re-
zoning to a district permitting such density or type of building,
shall be submitted to the Town Meeting.
9.4.8 STANDARDS, CRITERIA
In addition to the purposes set forth in Section 1.1, the
considerations in Section 3.4 and the objectives set forth in sub-
section 9.1.1, a planned residential development shall also
demonstrate that it complies with the following design standards
and criteria:
a. LAND FORM, PRESERVATION OF LANDSCAPE: The existing land form
shall be preserved in its natural state, insofar as practi-
cable, by minimizing tree and soil removal and man -made
features, such as stone walls, shall be maintained with
minimal alteration or disruption.
b. NATURAL TOWNSCAPE: A natural character and appearance of
the town shall be maintained or enhanced. Awareness of the
existence of a development, particularly a higher density
development, shall be minimized by screening views of the
development from nearby streets, single family neighborhoods
or Town property by the effective use of existing land forms,
or alterations thereto, such as berms, and by existing
vegetation or supplemental planting.
C. OPEN SPACE: Both common open space and usable open space
shall be located and designed so as to increase the visual
amenities of the neighborhood as well as for the occupants
of the development.
d. ARCHITECTURAL CHARACTER: Without specifying any particular
architectural style, the scale, massing and detailing of
buildings should be compatible with those prevalent in the
neighborhood. Where a planned residential development,
such as a long -term care facility, a congregate living
facility, or group quarters, is located adjacent to a neigh-
borhood of single family dwellings, the massing scheme and
the selection of exterior materials for buildings shall be
complimentary to a single family neighborhood.
e. HISTORIC, ARCHITECTURAL PRESERVATION: The removal or sub-
stantial alteration of buildings of historic or architectural
significance, the new use of places of historical signifi-
cance, or the location of dwellings or uses adjacent to, and
incompatible with, buildings or places of historic or archi-
tectural significance shall be minimized.
f. SITING OF BUILDINGS: Buildings shall be located: 1) har-
moniously with the land form, vegetation and other natural
features of the site, 2) effectively for solar and wind
orientation for energy conservation, and 3) advantageously
for views from the building while minimizing intrusion on
views from other buildings.
g. SAFETY: Buildings, and the grounds adjoining them, shall per-
mit easy access and operations by fire, police and other
emergency personnel and equipment.
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 8, 1985)
Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by
(Cont.) Arthur C. Smith and Margaret F. Rawls as adopted reads: (Cont.)
9.4.8 (Cont.)
h. TOWN SYSTEMS: Where applicable, improved access to, or the
development of additional links or connectors, shall be made
to a Town system of public facilities such as conservation
areas, recreation facilities, footpaths or bicycle paths,
(As streets or utility systems.
adopted)
i. PEDESTRIAN, BICYCLE ROUTES: A system of routes for pedes-
trians, including bicycles, with minimal conflicts with
vehicles, should be developed.
j. TRAFFIC: The number of access points to the Town's system
of arterial and collector streets should be minimized and
the location of intersections with arterial or collector
streets should be such as to minimize traffic congestion.
k. UTILITY, SUPPORT SERVICES: Electric, telephone, cable TV
and other such lines and equipment shall either be under-
ground or as inconspicuous as possible. Support facilities
such as storage, refuse disposal, utility buildings and
structures for recreational activities shall be located,
and screened, to make them less visible."
In TABLE 1. USE REGULATIONS SCHEDULE by redesignating line 6.16 to be
6.17; by relocating line 1.5 Hotel etc. and all the desig-
nations in the several columns to be a new line 6.16; by deleting
lines 1.1 through 1.4 and lines 1.6 through 1.9 and all the designa-
tions in the several columns and the two footnotes under category
1.0 RESIDENTIAL USES; in line 2.2 by deleting the words, "nursing,
convalescent and rest homes; homes for the aged; "; by deleting the
column headed "RE" and all designations in that column in the entire
table and by inserting new lines and changing the designations Yes,
No, SP, SPS under the several columns under the heading 1.0 RESIDENTIAL
USES so that it will read as shown in the table on the following page.
In TABLE 2, SCHEDULE OF DIMENSIONAL CONTROLS, by deleting: the
column heading "RH ", all designations under the column headed "RH",
footnote "k" entirely; and under the column headed RM and RD by:
1) adding "(a)" in the column heading; 2) on the line Minimum Lot
Area by striking out "note (a)" and inserting in place thereof
"125,000 s.f. "; 3) on the line "Minimum Lot Frontage" by striking
out "200" and inserting in place thereof "100 "; and 4) on the line,
Maximum Height Other Buildings, Stories by striking out "2 1/2" and
substituting "NR" and 5) on the line Minimum Between Buildings by
striking out 30 ft. and substituting "NR ", and
(i)
in footnote "a." by inserting a new sentence at the beginning, as
follows: "Development of new multi- family dwellings is not per-
mitted in the RM district; these standards apply to RM districts in
existence in January, 1985 ", and in the third sentence by changing
"8.i.8" to "8.3 and Section 9 ".
448
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(ADJOURNED SESSION OF THE 1985 ANUAL TOWN MEETING - APRIL 8, 1985)
Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by
(Cont.) Arthur C. Smith and Margaret F. Rawls as adopted reads: (Cont.)
In subsection 3.4.1 FILING REQUIREMENTS, in the first sentence by
substituting the word 11 definitive" for the word "preliminary "; in
the second sentence by deleting the last part of the sentence after
the words ", and such further information.... require." and by ending
the sentence with the words "use of the buildings. "; by deleting the
third sentence which starts with the words "At the time of.... "; and by
inserting the following new paragraphs:
(As "The application to the SPGA for a special permit under Section 3.4
adopted) shall be accompanied by the following materials:
a. a definitive site development plan, as described in. 3.6.2,
b. a copy of a Notice of Intent filed with the Conservation
Commission pursuant to Article XXXIII of the General By-
Laws and Chapter 131, Section 40 MGL, and
C. any other material as required by the written rules of the
SPCA.
An application which does not contain the material described in a, b,
and c, above, shall be considered incomplete and shall not be accepted
for processing. The time periods set forth in this By -Law and Chapter
40A, MGL, during which the SPGA shall notify parties in interest, hold
a public hearing and issue a decision will not start until the appli-
cation is complete. Upon receipt of material purporting to be an
application, the SPGA, or its designee, shall determine whether the
application is complete and notify the applicant in writing if the
application is considered incomplete. If no such notification is
made within 14 days, the application shall be considered to be
complete as of the date submitted.
Upon written request from the applicant prior to the filing of an
application, the SPGA may waive the submission of such information,
plans, studies or analyses, or parts thereof, as may not be needed
for, or germane to, consideration of the application. ";
In subsection 3.4.2 SPGA PROCEDURES, by deleting the existing sub-
section and inserting in place thereof the following:
"Upon receipt of a completed application, the SPCA shall promptly
notify the Board of Health, the Conservaiton Commission, the
Engineering Department, the Planning Board (when it is not the SPGA),
and the Fire Department and such other boards, commissions or depart-
ments as it may consider appropriate, given the substance of the
application, of the receipt of the application. The SPGA shall not
make a decision on such application until boards, commissions and
departments have submitted reports or recommendations thereon or
until 35 days have elapsed since the filing of a completed appli-
cation without the receipt of reports."
By adding a new subsection 3.6, as follows:
"3.6 TYPES OF PLANS; INFORMATION REQUIRED
3.6.1 PRELIMINARY SITE DEVELOPMENT (AND USE) PLAN
The objectives of a preliminary site development (and use) plan
are: 1) for the developer to demonstrate an understanding of the
characteristics of the tract and adjoining land and to present a
proposal consistent with those characteristics, 2) to make a general
determination of the feasibility of the development, and 3) to make
an evaluation of the off -site impacts of the development and the
ability of public services to accommodate it.
A preliminary site development plan shall include:
a. A site analysis map (or series of maps) showing: 1) existing
contours at two -foot intervals, 2) steep slopes (15% or more),
3) significant soil types, 4) significant rock outcroppings,
5) water systems (including standing surface water, brooks or
streams, the direction of drainage, wetlands, and the 100 -year
flood elevation), 6) significant vegetation (including mature
trees, unique specimens of vegetation, and vegetation that
4 (ADJOkXED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 8, 1985)
Article II. (Main motion as presented by Jacquelyn R. Smith and amended by Arthur
(Cont.) C. Smith and Margaret F. Rawls as adopted reads: (Cont.)
3.6.1 a.(Cont.)
indicates wetness), 7) significant noise /visual impact (in-
cluding views from the site and sources of noise affecting
the site), and 8) historically or architecturally significant
structures and sites on or adjacent to the site.
b. A traffic analysis to be conducted by a traffic engineer who
will. certify that he /she qualifies for the position of member
of the Institute of Transportation Engineers (ITE). The anal -
(As ysis shall include: 1) traffic counts on arterial streets
adopted) that provide access to the development site showing data on
Average Daily Traffic (ADT) and a.m. and p.m. peak periods
(conducted for two hours divided into 15- minute segments);
2) intersection turning movement counts at intersections likely
to be affected by the proposed development (conducted for two
hours divided into 15- minute segments); 3) an inventory of
roadway characteristics showing the width of the principal
approach streets and the presence or absence of sidewalks and
their condition; 4) estimated trip generation showing the pro-
jected inbound and outbound vehicular trips for the a.m. and
p.m. peak periods and a typical one hour off -peak trip genera -
tion; 5) the estimated distribution of new trips by approach
streets; 6) the effect of additional traffic generated by the
development on traffic "levels of service" on each approach
street; 7) estimated off - street parking and loading require-
ments and time of peak accumulation.
C. A utilities analysis showing: 1) the location and size of the
Town's existing water mains, fire hydrants, sanitary sewers,
and storm drains; 2) the proposed location and the approximate
size of utilities to be constructed on the site and their
proposed connections to the Town's utilities, and any special
features, such as culverts or pumping stations, that might
affect the ability of the Town to service the development.
d. A property rights and dimensional standards plan showing: 1)
the location of existing easements or other property rights
affecting the development; 2) the approximate location of any
sections of the land to which the Town would be granted prop-
erty rights, either easements or transfer of ownership for
street, utility, conservation or other purposes; 3) the
anticipated division of the property into parcels in private
ownership, if any, if it affects zoning provisions; 4) the
yard setback in feet for buildings and parking lots from lot
lines and where applicable, a zoning district boundary, a
brook or a pond; 5) the boundaries of any common open space or
usable open space; 6) the maximum height of buildings; and
7) the distance, in feet, between buildings.
e. A preliminary site construction plan showing in a general
manner: 1) the location of buildings; 2) existing and pro-
posed contours; 3) the location and dimensions of drives and
parking areas; 4) the location and characteristics of any
common open space or usable open space; 5) the proposed
drainage system; and 6) proposed landscaping.
f. A table showing: 1) total land area; 2) developable site area;
3) common or usable open space, if any; 4) site coverage of
buildings; 5) area covered with impervious surface; 6) imper-
vious surface ratio, 7) gross floor area of all non - residential
buildings; 8) floor area ratio, if applicable; 9) density of
dwelling units, or their equivalent, if applicable, and 10)
number of off - street parking spaces and, if applicable,
loading bays.
(ADJOURNED SESSION OF THE 1985 ANNUAL T014N MEETING — APRIL 8, 1985) t'.
Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by Arthur
(Cont.) C. Smith and Margaret F. Rawls as adopted reads: (Cont.)
PRELIMINARY SITE DEVELOPMENT AND USE PLAN
Where the preliminary site development plan is submitted with a
petition for a change of zoning district, it shall be known as a
preliminary site development and use plan and shall include the
following additional information:
a. for a CD, Planned Commercial District:
(As 1) Uses to be permitted in the buildings, which may be a narrative
adopted) describing the type and character of uses and /or a listing, by
cross- reference,.of uses to be permitted as they appear in Table 1,
Use Regulations Schedule, and the maximum floor area ratio;
2) Other zoning provisions; this may be a narrative describing
special regulations unique to the development and /or a cross -
reference to provisions of this By -law that will apply to the
CD district;
b. for an RD, Planned Residential Development District:
1) Number of dwelling units or their equivalent;
2) The types of buildings;
3) Approximate number of dwelling units by bedroom type (efficiency -
studio, one - bedroom, two - bedroom, three - bedroom, etc.) including
the approximate number of square feet in each dwelling unit and
the total number of square feet of floor area in the development;
and
4) Estimated sales or rental level of the dwelling units.
C. for either a CD, Planned Commercial District, or an RD, Planned
Residential Development District:
1) a visual representation, such as sketches or photographs, of
the general scale and massing of buildings;
2) special conditions, if any, applicable to the proposed
development which may include grants of benefits to the Town
such as land for public purposes, construction of improve-
ments (or financial contributions therefor) in behalf of the
Town, or other development limitations such as aesthetic
features.
FILING OF PRELIMINARY SITE DEVELOPMENT AND USE PLAN
Two copies of the preliminary site development and use plan
which accompanies a petition for a rezoning shall be filed with the
Town Clerk and one copy with the Planning Board at least three weeks
prior to the Planning Board public hearing required to be held under
Chapter 40A. Subsequent to that public hearing, revisions to the
preliminary site development and use plan may be filed with the Town
Clerk and the Planning Board and must be filed at least seven days
prior to the vote of the Town Meeting on the petition. The vote of
the Town Meeting shall refer to the preliminary site development and
use plan and shall be considered part of the rezoning action.
3.6.2 DEFINITIVE SITE DEVELOPMENT PLAN
The objectives of a definitive site development plan are: 1)
presentation of specific plans, of the construction documents type,
for the development of the site, 2) provision of a specific plan for
reference in granting a special permit with site plan approval.
The definitive site development plan shall include all of the material
and information contained in the preliminary site development plan
with the following modifications and additions:
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 8, 1985)
Article Il. (Main motion as presented by Jacquelyn R. Smith and amended by Arthur
(Cont.) C. Smith and Margaret F. Rawls as adopted reads: (Cont.)
3.6.2 (Cont.)
a. a site analysis map based on a field survey;
b. a utilities plan showing the location, size, materials and
connections to the Town's utilities;
C. a property rights plan based on an instrument survey identifying
(As parcels to be conveyed to the Town whether by deed or easement;
adopted) d. a site construction plan showing proposed changes in contours
and identifying landscaping by materials and sizes, and specific
plans for any common open space;
e. a traffic analysis including proposed mitigating measures, if
any, to maintain an acceptable traffic "level of service ";
all in accordance with Section 5, Definitive Plan Requirements;
Section 6, Design Standards; and Section 7, Required Improvements,
of the Planning Board's "Rules and Regulations ", as applicable;
and further,
f. the off- street parking and loading plan described in section
11.2;
g. elevations of proposed buildings;
h. preliminary drafts of any deed, easement, offer or agreement to
carry out any special condition."
by deleting the title of SECTION 8 and Subsection 8.2 Controlled
Commercial and Industrial Districts - CD, in its entirety and by
inserting in place thereof the following:
"SECTION 8 SPECIAL ZONING DISTRICTS
A. PLANNED DEVELOPMENT DISTRICTS (TOWN MEETING REZONING REQUIRED)
8.1. OBJECTI
A planned development district is intended: 1) to permit con-
siderable flexibility in the development of tracts of land by requiring
few pre - determined standards, 2) to permit a developer to propose, and
for the Town to vote on a site development and use plan unique to a
particular location, 3) to permit the use of development standards
more detailed than the more general standards elsewhere in this By-
Law, 4) to provide information for the Town to evaluate the potential
impacts of a proposed development and to enable the SPGA to require
adherence to such site development plans in the granting of a special.
permit.
8.2 PLANNED COMMERCIAL DISTRICT - CD
8.2.1 STANDARDS FOR DEVELOPMENT
The Planned Commercial District - CD, does not have pre-
determined standards for development. Such standards are to be proposed
by the developer, included in the preliminary site development and use
plan and approved by the Town Meeting.
8.2.2 TOWN MEETING PRESENTATION
Each petition presented to the Town Meeting for rezoning land
to a CD district shall include a preliminary site development and use
plan as described in subsection 3.6, and shall be filed in accordance
with the provisions of that section.
8.2.3 USES PERMITTED
No use is permitted and no development may occur in a CD district
except in conformity with a preliminary site development and use plan
approved by the Town Meeting, the provisions of this section and a
special permit with site plan review granted by the SPGA. Uses other than
commercial may be in a CD district if clearly identified in the pre-
liminary site development and use plan approved by the Town Meeting.
(ADJOURNED SESSION OF THE 1985 AN NUAL TOWN MEETING - APRIL 8, 1985)
Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by Arthur
(Cont.) C. Smith and Margaret F. Rawls as adopted reads: (Cont.)
8.2.4 SPGA
The Board of Appeals shall be the special permit granting
authority. In acting upon applications for special permits with site
plan review, the SPGA shall be governed by the provisions of Section
3.4.
8.3 PLANNED RESID DEVELOPMENT DISTRICTS - RD
8.3.1 STANDARDS FOR DEVELOPMENT
A number of standards for development in the planned
residential development district, RD, are included in Section 9.
Additional standards may be proposed by the developer and included
in the preliminary site development and use plan and approved by the
(As Town Meeting.
adopted) 8.3.2 TOWN MEETING PRESENTATION
Each petition presented to the Town Meeting for rezoning land
to an RD district shall include a preliminary site development and
use plan as described in subsection 3.6, and shall be filed in
accordance with the provisions of that section.
8.3.3 DEVELOPMENT PERMITTED
No types of residential buildings may be constructed and no
development may occur in an RD district except in conformity with a
preliminary site development and use plan approved by the Town
Meeting, the provisions of this section and of Section 9, and a special
permit with site plan review (SPS) approved by the SPGA.
8.3.4 SPGA
The Board of Appeals shall be the special permit granting
authority. In acting upon applications for special permits with site
plan review, the SPGA shall be governed by the provisions of Section
3.4 and Section 9.4.
8.4 SPECIAL PERMIT PROVI APPLICABLE TO BOTH CD AND RD DISTRICTS
8.4.1 SPECIAL PERMIT APPLICATION
The application for an SPS under this section shall comply
with subsection 3.4 and shall be accompanied by:
a. a copy, certified by the Town Clerk, of the preliminary site
development and use plan approved by the Town Meeting,
b. a definitive site development and use plan as described in
subsection 3.6.
8.4.2 SPECIAL PERMIT PROVISIONS
The SPGA may grant a special permit with site plan reveiw
(SPS) for the development of a tract of land in the CD or RD district
subject to the following provisions:
a. The SPGA makes a determination that the development conforms
substantially to the preliminary site development and use plan
approved by the Town Meeting and is consistent with the con-
siderations set forth in subsection 3.4;
b. the SPS incorporates, by reference, the definitive site
development and use plan filed with the application for the SPS;
C. the SPS may allow any or all of the uses specified in the plan
approved by Town Meeting but no others;
d. the SPGA may, in its discretion, permit minor deviations from
the plan approved by Town Meeting provided they do not conflict
with the intent of the plan and they do not allow the building
floor area to exceed that shown on the approved plan by more
than 10% in the RD district, or to exceed the maximum floor
area approved for the CD district.
0 4, (ADJOU M SESSION OF T 1985 ANNUAL TOWN MEETING - APRIL 8, 1985)
Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by Arthur
(Cont.) C. Smith and Margaret F. Rawls as adopted reads: (Cont.)
8.4.2 (Cont.)
e. the SPS shall require that any land designated as common open
space on the approved plan shall be either conveyed to the Town
or protected by an easement granted to the Town; and
f. the SPS may contain such additional conditions as the SPCA
finds will serve the public interest.
8.4.3 DENIAL OF SPECIAL PERMIT
The SPGA may deny an application for an SPS and base its denial
upon a finding that the proposed development does not conform sub-
stantially to the plans for the commercial or residential development
(As of the tract as approved by the Town Meeting.
adopted)
8.4.4 REVISION OF SPECIAL PERMIT
Subsequent to an SPS granted by the SPGA, minor revisions may
be made from time to time in accordance with applicable laws, by -laws,
and regulations, but the commercial or residential development approved
under such SPS shall otherwise be in accordance with the application
for the special permit, except as modified by the decision of the
SPGA. The developer shall notify the SPGA in advance of any such
revision which shall not be effective until approved by vote of the
SPGA.
If the SPGA determines such revisions not to be minor, it shall
order that an application for a revised SPS be filed, and a public
hearing held in the same manner as set forth in Section 3.4.
8.4.5 CHANGES IN USES OR SITE DEVELOPMENT PLAN
Changes in uses or substantial changes in the site development
plan approved by Town Meeting may be made only after approval by Town
Meeting of a new preliminary site development and use plan according
to the procedures used for a zoning amendment, followed by the issuance
of an SPS based on.the new approved plan.
B. OVERLAY DISTRICTS
An overlay district is a special purpose zoning district which
is superimposed over another zoning district so that the land contained
within the overlay district is subject to the requirements of both the
overlay district and the zoning district in which it is located. An
overlay district does not supersede the requirements of the other
zoning district, which remain in effect, but are additional require-
ments applicable to all land within the overlay district."
by relocating Sections 9.5 WETLAND PROTECTION DISTRICT and 9.6 NATIONAL
FLOOD INSURANCE DISTRICT in their entirety to appear in Section 8
under the subtitles 8.5 WETLAND PROTECTION DISTRICT and 8.6 NATIONAL
FLOOD INSURANCE DISTRICT respectively and to change all numerical
references in those two sections to a numbering system beginning 8.5
and 8.6 respectively.
In Section 2 DEFINITIONS, by deleting the definitions CLUSTER
DEVELOPMENT; CONGREGATE LIVING FACILITY; DWELLING, ONE FAMILY DETACHED;
DWELLING, TWO FAMILY; GARDEN APARTMENT; by inserting under the
definition of DWELLING, the following:
"Structural Cha of Dwellings:
ONE- FAMILY DETACHED DWELLING: A dwelling which is not attached to
any other dwelling by any means and is surrounded by open space or
yards on all sides.
SEMI - ATTACHED DWELLING: A building containing two dwelling units
which are attached to each other by a common vertical wall, each
dwelling unit having open space or yards on three sides and each
dwelling unit having direct access to the ground.
(ADJOURNED SES SION OF THE 1985 ANNUAL TOWN MEE - April 8, 1985)
Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by Arthur
(Cont.) C. Smith and Margaret F. Rawls as adopted reads: (Cont.)
TWO- FAMILY DWELLING: A building containing two dwelling units, with
one of the dwelling units all, or partially, on a story above the other
(as contrasted with a semi - attached dwelling).
TOWN HOUSE: A building containing three or more dwelling units in a
row in which each dwelling unit has its own front and rear access to
the ground, no dwelling unit is located over another dwelling unit,
and each dwelling unit is separated from any other dwelling unit
by one or more party walls.
(As THREE - FAMILY DWELLING: A building containing three dwelling units,
adopted) each of which has direct access to the outside or to a common hall
that leads to the outside.
FOUR- FAMILY DWELLING: A building containing four dwelling units,
each of which has direct access to the outside or to a common hall
that leads to the outside.
MULTI - FAMILY: A building containing five or more dwelling units.
Occupancy Characteristics o D wellings:
ONE- FAMILY DWELLING: A building containing one dwelling unit
occupied by not more than one family.
TWO- FAMILY, 'THREE- FAMILY, FOUR- FAMILY DWELLING: A building
containing the number of dwelling units, indicated by the first word
of the phrase, each occupied by not more than one family.
MULTI- FAMILY DWELLING: A building containing five or more dwelling
units, each occupied by one family."
and by inserting the following new definitiions in Section 2, in
the proper alphabetical sequence:
- "APARTMENT BUILDING: Same as "MULTI- FAMILY DWELLING ".
BASEMENT: A space in a building which is partly below and partly
above the level of the adjoining ground and having at least one -half
of its floor -to- ceiling height above the average level of the
adjoining ground.
BOARDER: Same as "ROOMER" although a distinction may be made that a
boarder is a person who receives meals as part of the rent.
CELLAR: A space in a building which has less than one -half of its
floor -to- ceiling height above the average level of the adjoining
ground.
CLUSTER DEVELOPMENT: A planned residential development in which buildings
are constructed in one or more groups separated from adjacent property
and other groups of buildings by intervening open land. The density,
dimensional standards or types of buildings permitted may vary from
those otherwise permitted or required.
CONGREGATE LIVING FACILITY: A non - institutional, shared living
environment which integrates shelter and service needs of functionally
impaired and /or socially isolated older persons who are otherwise in
good health and can maintain a semi- independent life style and who
do not require constant supervision or intensive health care as
provided by an institution. Each resident has his /her own bedroom
and may have a separate living room, kitchen, dining area, or bath-
room, and may share living, dining, and bathroom facilities with other
older persons, such as in a common dining facility.
CONVENTIONAL SUBDIVISION: The division of a tract of land into two
or more lots complying with the dimensional standards set forth in
this By -law, accompanied by the construction of certain public
.facilities, in accordance with Chapter 41, Section 81K - 81GG, MGL,
"The Subdivision Control Law," and the Planning Board's "Rules and
Regulations."
456 (ADJOURNEb SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 8, 1985)
Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by Arthur C.
(Cont.) Smith and Margaret F. Rawls as adopted reads: (Cunt.)
ELDERLY: For the purposes of this By -Law, persons who are 60 years of
age or older.
GROUP CARE FACILITY: A type of group quarters in which a group of
individuals not related by blood, marriage or adoption live together as
a. single housekeeping unit under a common housekeeping management plan
in which some form of health care is provided.
GROUP QUARTERS: A dwelling, or part thereof, which is not divided
into dwelling units but may be divided into rooming units in which
persons live who are not related by blood, marriage or adoption.
(As Examples are dormitory, housing for religious orders.
adopted)
IMPERVIOUS SURFACE: Any surface which reduces or prevents the
absorption of storm water into previously undeveloped land.
Examples are buildings, parking lots, driveways, streets, sidewalks,
and any areas surfaced with concrete or asphalt.
IMPERVIOUS SURFACE RATIO: The ratio of the sum of all impervious
surfaces on a lot to the developable site area of the lot.
INTERIOR DRIVE: A roadway which is privately owned and maintained
and serves a planned residential or commercial development. It may have
many of the physical characteristics of a street but does not meet the
legal standards for STREET, ROAD OR WAY as defined in this section.
An interior drive is not the same as a driveway, which is the means
of access to a parking lot or parking space; and interior drive is the
connecting link between a public street and a driveway.
LODGER: Same as "ROOMER"
LONG -TERM CARE FACILITY: An institution or distinct part of an in-
stitution which is licensed or approved to provide health care under
medical supervision to individuals who, by reason of advanced age,
chronic illness, or infirmity, are unable to care for themselves.
For the purposes of this By -Law, it includes: extended care
facility, intermediate care facility, nursing home, convalescent home,
rest home.
NURSING HOME: Same as "LONG -TERM CARE FACILITY ".
OLDER PERSONS: Same as "ELDERLY ".
OPEN SPACE, COMMON: Land within or related to a development which is
not individually owned and is designed and intended for the common use
or enjoyment of the residents of a development and may include such
complementary structures and improvements as are necessary and
appropriate.
OPEN SPACE, USABLE: The part or part of a lot, structure, or building
which are provided for the recreational and leisure time use and enjoy-
ment of the occupants of a building. The space shall: 1) have minimum
dimensions and characteristics prescribed herein; 2) be largely open
and unobstructed to the sky; and 3) exclude principal and accessory
buildings, parking spaces and loading bays, driveways and maneuvering
aisles.
ROOMER: An individual, other than a member of a family occupying a
dwelling unit, who occupies a rooming unit, for living and sleeping
but not for cooking and eating purposes, and paying rent, which may
include an allowance for meals, by prearrangement for a week or more
at a time to an owner or operator to whom he /she is not related by
blood, marriage or adoption.
ROOMING HOUSE: A dwelling, or part thereof which is divided into
four or more rooming units and is occupied by roomers for periods
greater than one week.
"RULES AND REGULATIONS ": The short title of the Planning Board's
"Rules and Regulations Governing the Subdivision of Land in Lexington,
Mass."
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 8 1985)
Article 11. (Main motion as presented by Jacquelyn R. Smith and amended by Arthur
(Cont.) C. Smith and Margaret F. Rawls as adopted reads: (Cont.)
THROUGH STREET: A continuous street which connects to the Town's
street system in at least two places.
TRACT: One or more lots, whether or not in common ownership, under
unified development control and designated to be developed in accord-
ance with a plan approved by the Town."
In Section 4.1 by striking out the line "RH- Subsidized Housing
Districts "; in the line which begins RM, by deleting "(garden apart -
ment) "; in the line which begins RD, by striking out "Multi Dwelling
(As Districts" and by inserting in place thereof the words "Planned
adopted) Residential Development District "; in Section 4.2, in the line that
begins CD, by deleting the words "Controlled Commercial and Indust-
rial District" and inserting in place thereof the words "Planned
Commercial District."
In subsection 5.1.1, in the fifth line by substituting the number
"8.5" for "9.5 "; in the eighth line by substituting the number
"8.6" for "9.6 ";
In subsection 7.4.2, by substituting the number "9.2.11" for the
number "9.1 ";
In subsection 9.5.8 of the existing Zoning By -Law, in the first line
by substituting the number "9.2" for the number "9.4 ";
By deleting the words "9.7 Reserved ";
In subsection 10.3.1, by deleting "or RH" and by inserting "or"
before RD
In subsection 11.3.1, line 1) b. by striking out all the words under
the column headed TYPE OF USE and inserting in place thereof "Dwelling
unit in: semi - attached dwelling, two - family dwelling, town house,
three- family dwelling, four- family dwelling, multi - family dwelling ";
in line 1) f. by striking out "Nursing home, sanitarium" and inserting
in place thereof "Group care facility, long -term care facility ";
in line 2) c. by adding the words ", group quarters" after the
word "Dormitory "; in subsection 11.3.3 1) a. by striking out the
words "Nursing home, sanitarium" and inserting in place thereof the
words "Long -term care facility, group care facility ";
On page T -1, Table 1, Use Regulations Schedule, Symbols, under
Residential Districts, by striking out the line "RH - Subsidized
housing districts " :; in the line which begins RM by deleting the words
"(garden apartment) "; in the line which begins RD by deleting the
words "Multi- dwelling districts" and by inserting in place thereof
the words "Planned residential development districts "; under the heading
Commercial and Industrial Districts, in the line which begins CD by
deleting "Controlled Commercial and Industrial districts" and in-
serting in place thereof "Planned Commercial districts ";
In Table 1. Use Regulations Schedule, in line 8.4 by deleting the
words "garden apartments" and inserting in place thereof the words
"multi- family dwelling ".
In Section 1.3 AMENDMENTS, by inserting a new second sentence:
i
"Petitions for rezoning to the RM, RD or CD district and a develop-
ment proposal pursuant to Section 9.3 presented to the 1985 Annual
Town Meeting may be voted by the Town Meeting and comply with the
Zoning By -Law as it was in effect in January, 1985."
In Favor: 125 Opposed: 31 Abstained: 3
Adopted. 8:39 P.M.)
45 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 8, 1985)
Article 12. (See Pages 428 - 432) ZONING BY -LAW, CONVERSION OF
ONE FAMILY DWELLINGS
Article 13. (See Pages 432 & 439) ZONING BY -LAW, CM, CH DISTRICTS,
FLOOR AREA RATIO
Presented by Judith J. Uhrig.
MOTION: That the Zoning By -LAw be amended as set forth in the motion
attached to the Planning Board report and filed with the Town Clerk.
8:41 P.M.
Mrs. Uhrig moved that the report of the Planning Board be accepted
and placed on file.
Adopted unanimously. 8:41. P.M.
(Motion as set forth and attached to the Planning Board Report:
(As MOTION: That the Zoning By -Law be amended in Table 2 - Schedule of
adopted) Dimensional Controls, in the line, Maximum Floor Area Ratio (FAR),
under the column headed CH, by striking out the designation "NR" and
inserting in place thereof "0.25 ", and under the column headed
CM, by striking out the designation "NR" and inserting in place thereof
(Approved "0.20 ".)
by Atty.
General, Mrs. Uhrig gave an explanation of the motion. 8:51 P.M.
Aug. 19,
1985. William J. Scouler, a member of the Hanscom Area Traffic Committee,
Posted in voiced the support of his committee as did George A. Burnell as a
Town member of the North Lexington Road Improvement Study Committee.
Office 9:02 P.M.
Building
& nine John E. Taylor of the North Lexington Association also spoke in favor.
precincts 9:08 P.M.
on Sept.
12, 1985) Margery M. Battin said that the four members of the Board of Select-
men present had just been poll.ed and they unanimously supported the
motion. 9:10 P.M.
Voice vote on Mrs. Uhrig's main motion was not unanimous, so a
standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 17 John. W. Maloney 1
2 15 Christina J. Welch. 0
3 1.7 Marian C. Reilly 0
4 13 Peter C. J. Kelley 0
5 13 Diran M. Semonian 0
6 17 Lisabeth M. White 0
7 14 Richard B. Wolk 0
8 14 Florence E. Connor 0
9 15 Deborah B. Green 0
At Large 22 John R. Campbell 1
Totals 157 2
More than the required two - thirds having voted in favor, the motion
was adopted. 9:16 P.M.
* **
Article 16. AMEND ZONING BY -LAW
CONGREGATE LIVING FACILITY
Ephraim Weiss moved that Article 16 be postponed. until after
Article 24.
Adopted unanimously. 9:18 P.M.
(See Pages 434, 471, 488 & adopted motion on Page 521.)
** *Articles 14 & 15. See Page 433.
(ADJOURNED SES SION OF THE 1985 ANNUAL TOWN MEETIN - A PRIL 8, 1985) 459
Article 17. AMEND ZONING BY -LAW
(See Pages TABLE 1 - HEALTH HAZARDS
434 &
502.) Margery M. Battin moved that Article 17 be postponed to
Monday, May 13, 1985.
Adopted by voice vote. 9:19 P.M.
Margery M. Battin moved that this meeting be adjourned to Wednesday,
April 10, 1985 at 8 P.M. in Cary Memorial Hall. 9:20 P.M.
James M. McLaughlin served notice of reconsideration of Article 11
but the motion was ruled unseasonable by the Moderator. More than
thirty minutes had elapsed since the adoption of Article 11.
9:21 P.M.
Iris G. Wheaton expressed her thanks to the Moderator for starting the
meetings promptly at 8 P.M. 9:23 P.M.
Mrs. Battin's motion to adjourn this meeting to Wednesday, April 10, 1985
at 8 P.M. was declared lost by voice vote. 9:23 P.M.
Article 20. AMEND ZONING BY -LAW
LOWELL STREET RO TO RD
Albert P. Zabin moved that this article be indefinitely postponed.
9:24 P.M.
At Mr. Zabin's request, Mr. McDevitt of McNeil & Assoc. Inc.
was recognized explaining the reason for postponing this article.
9:27 P.M.
Motion to indefinitely postpone Article 20 was declared adopted
unanimously. 9:27 P.M.
Article 21. AMEND ZONING BY -LAW
(See Pgs. WOBURN STREET, RO TO RD
510 -518) Peter C. J. Kelley moved to table Article 21. 9:27 P.M.
The Moderator stated that the Planning Board did not have a
report on Article 21 at this time.
Mr. Kelley's motion to table Article 21 was adopted unanimously.
9:29 P.M.
Margery M. Battin moved that this meeting be adjourned to Wednesday,
April 10, 1985 at 8 P.M. in Cary Memorial Hall. 9:30 P.M.
Mrs. Battin's motion to adjourn was adopted by voice vote. 9:30 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
46'0
ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING
HELD APRIL 10, 1985
The meeting was called to order in Cary Memorial Hall at 8 P.M. by the
Moderator, Lincoln P. Cole, Jr.
There were 178 Town Meeting Members present.
Invocation offered by Reverend Walter H. Cuenin, Associate Pastor of Sacred
Heart Church and President of the Lexington Clergy. 8:01 P.M.
The Moderator said that the League of Women Voters sponsor mock town meetings
in the elementary schools and added that the sixth grade class at Harrington
School was in attendance, sitting in the balcony. They were given a round of
applause by the meeting. 8:03 P.M.
The Moderator called a formal recess in order that the student officials
for Student Government Day could be recognized. 8:05 P.M.
Moderator Cole relinquished the podium and turned it over to the Student
Moderator, Stephen Fish who read a proclamation by the Board of Selectmen
proclaiming April 10, 1985 as Student Government Day. He then presented a
certificate to each of the student officials who were given a standing
ovation. He then asked that Nancy L. Barter, Chairman of the Lexington Youth
Commission and the original organizer of Student Government Day, be recognized.
Mrs. Barter thanked the various town officials who had made this day possible.
8:10 P.M.
Moderator Cole declared the meeting back in session at 8:10 P.M.
Article 2. REPORTS OF TOWN BOARDS,
OFFICERS, COMMITTEES
Paul W. Marshall, Chairman of the Board of Selectmen, moved that
the Town Manager's Status Report on Open Money Articles be accepted
and placed on file.
Adopted unanimously. 8:11 P.M.
Article 23. FRANKLIN SCHOOL
Presented by Paul W. Marshall.
(Not MOTION: That the Selectmen be and they hereby are authorized to
adopted) convey the Franklin School property on Stedman Road, consisting of
the building and land immediately adjoining, but not including the
(See recreation area, to Greater Boston Community Development Inc. for the
Page purchase price of $390,000 and on such other terms as the Selectmen
495 shall determine. 8:12 P.M.
for
motion Mr. Marshall gave a background of the choice of GBCD as the developer.
as He added that Town Counsel had ruled that this motion will require a
adopted) two- thirds vote for passage. 8:16 P.M.
At Mr. Marshall's request the following were recognized:
Lisa Albergini and Louise Elving, both of GBCD, speaking on the
description of GBCD and on the financing of the project.
Steve Tise of the architectural firm of Tise Wilhelm & Associates
spoke on the physical design. 8:41 P.M.
Jacquelyn R. Smith moved that the Planning Board Report on Article
23 be accepted and placed on file.
Adopted unanimously. 8:42 P.M.
Mrs. Smith voiced the unanimous support of the Planning Board. She
said the location is excellent, there is ample open space around the
building, there are no problems with the site plans and density and
GBCD brings skills and will give the town excellent family housing.
8:45 P.M.
(ADJOURNED SESSION OF T HE 1985 ANNUAL TOWN MEETING - APRIL 10, 1985) _
Article 23. Eleanor Klauminzer, speaking as a member of the Advisory
(Cont.) Committee on Housing Needs (a Planning Board sub - committee),
told of the need of rental housing in Lexington. She
spoke of the high regard the committee had for GBCD and
urged approval of the motion. 8:52 P.M.
Two residents of Allen Street, Scott Beamon of #8 and
Robert C. White of #11, spoke in opposition and Mr. White
showed slides to back up his statements. 9:10 P.M.
In answer to a statement that had been made, Paul W. Marshall
stated that the ball field would not be moved and it is in the
hands of the Recreation Committee. 9:12 P.M.
The Moderator interrupted the meeting to introduce some people
from Dolores Hildalgo, Lexington's sister city for twenty
years, in Mexico. They were given a standing ovation by the
meeting. 9:15 P.M.
In response to a question raised by Julian J. Bussgang,
Mr. Marshall said that the Town would hold the second mortgage,
the first mortgage would be held by Massachusetts Housing Finance
Agency (MHFA). 9:26 P.M.
John P. Carroll spoke in opposition and asked that the vote be
taken by a roll call. The Moderator asked for a standing vote
on the roll call vote and, as more than the required fifty members
stood in favor, the vote on Article 23 will be taken by the call of
the roll. 9:27 P.M.
As the Franklin School Conversion Committee did not recommend
GBCD in their report to the Selectmen, Marthur H. Kalis asked what
consideration had been given to their report. Paul W. Marshall
said that the report had. been read and studied very carefully
but the feeling was that the need in the town was for affordable
housing. 9:30 P.M.
Florence A. Baturin and Marjorie K. Madoff spoke in favor.
9:35 P.M.
Daniel J. Griffin, Jr., 4 Kitson Park Drive, said that he was
not opposed to the use of Franklin School for low and moderate
income housing but was opposed to this proposal. He added that
the Assemblies of God had offered the town $500,000. for the
building. 9:38 P.M.
Also speaking in opposition was Richard L. Neumeier, 2 Pitcairn
Place and Jean Gaudet, a Town Meeting Member, a member of LEXHAB
and a resident of the area at 12 Stedman Road. 9:45 P.M.
James M. McLaughlin moved that the motion under Article 23 be
amended to add at the end thereof the following:
", provided that the leasing of nine (9) rental housing units
to be constructed in the Franklin School low and moderate
(Amendment housing development (the "Project ")• be administered by the
withdrawn) Lexington Housing Authority (the "Housing Authority ") such
that said nine (9) rental units be leased by Greater Boston
Community Development ( "GBCD ") or the owner of the Project (if
other than GBCD) to low and moderate income tenants selected
by the Housing Authority under its Commonwealth of Massachu-
setts 707 housing program or under its HUD Section 8 housing
program." 9:46 P.M.
At Mr.. Marshall's request, the Moderator called a five minute recess.
9:49 P.M.
The meeting was called to order by the Moderator at 10:02 P.M.
462 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 10, 1985)
Article 23. Paul W. Marshall explained that this amendment, if passed, might
(Cont.) jeopardize the financing with MFHA. He added that GBCD would be
willing to meet with the Lexington Housing Authority and the Board
of Selectmen and work out an agreement regarding the Section 8
housing program. There could be a risk putting this in the agree-
ment. 10:05 P.M.
Mr. McLaughlin asked that his motion to amend be withdrawn and as
there were no objections, the motion was withdrawn. 10:05 P.M.
Marshall J. Derby, a member of the Franklin School Conversion
Committee, said that this was an excellent proposal and he
supported the article. 10:07 P.M.
James E. Barry spoke in opposition. 10:11 P.M.
Sheila Busa - Tassone moved the previous question which was
declared lost by voice vote. 10:12 P.M.
John F. McLaughlin, Selectman and Chairman of the Franklin School
Conversion Committee, spoke in. opposition to the proposal and said
that Jacquelyn R. Smith was the only member on the committee that
thought that the GBCD proposal was a good one. He urged a no vote.
10:20 P.M.
At the request of Janet Perry, Robert C. White was recognized for
the purpose of clarifying the cost figures that he had previously
shown on the slides. 1.0:27 P.M.
Paul Newman, School Committee member, having been on the committee
when the transfer was made to the town, said that this plan was an
exciting and good one. 10:28 P.M.
Jacqueline B. Davison spoke in favor. 10:31 P.M.
Elaine Dratch asked what the expected yearly income would be.
Mr. Marshall answered that it would be approximately $50,000.
in property taxes. Mrs. Dratch raised many questions which were
answered by Mr. Marshall. 10:35 P.M.
John C. Eddison and Albert P. Zabin spoke in favor. 10:46 P.M.
Louis J. DiLuna, Jr., 11 Wellington Lane and June D. Hatfield,
101 Blossomcrest Road spoke in opposition. 10:50 P.M.
Patricia A. Swanson said that she did not feel that the town
should sell any more school buildings. She did not favor this
proposal. 10:55 P.M.
Julian J. Bussgang said that although he would vote for this
proposal, he felt the same as Mrs. Swanson. The town should own
the building. 10:57 P.M.
In answer to a question raised by William M. Fraser, Mr. Marshall
said that the Selectmen did not reject the ideas put forth by John F.
McLaughlin as the Selectman on the Franklin School Conversion Commit-
tee but there was a difference of opinion. 11:01 P.M.
John P. Carroll moved the previous question but immediately
withdrew his motion. 11:02 P.M.
William J. Dailey, Jr. stated that he would be more comfortable if
LEXHAB were in charge. He spoke in opposition. 11:07 P.M.
Robert I. Rotberg spoke in favor. 11:07 P.M.
George A. Burnell moved the previous question which was declared
adopted by voice vote. 11:08 P.M.
Paul W. Marshall summarized. 11:13 P.M.
L 'b f
(ADJOURNED SESSION OF T HE 1985 ANNUAL TOWN MEETING - APRIL 10, 1985) � 0'3
Article 23. The roll call vote on the main motion as presented by Paul W. Marshall
(Cont.) was taken by the Town Clerk, Mary R. McDonough, starting at 11:14 P.M.
and completed at 11:25 P.M. The final. tally was completed at
11:28 P.M. with the following results:
(Final result announced by the Moderator at 11:30 P.M.)
ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 23
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
Sheila Busa - Tassone x
James Cataldo x
James A. Cataldo x
Chang Chih Chao x
David F. Eagle x
Nancy C. Gordon x
Frederick H. Hagedorn x
Patricia K. Hagedorn x
Paul Levy x
Ronald Levy x
John W. Maloney x
Barry E. Sampson x
Edward P. Shannon x
James S. Wilson x
Albert P. Zabin x
Judith L. Zabin x
TOTALS 8 13 0 0
P RECINCT TWO YES NO ABSTAINED ABSENT
Elizabeth H. Clarke x
Eric T. Clarke x
Karen Dooks x
Leonora K. Feeney x
Casimir R. Groblewski x
Marita B. Hartshorn 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
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 13 7 0 1
PRECINCT THREE YES NO ABSTAINED ABSENT
Phyllis Aaronson x
Donald H. Briggs, Jr. x
Joy C. Buchfirer x
John P. Carroll x
Jacqueline B. Davison x
Suanne C. Dillman x
Jean Gaudet x
Erna S. Greene x
6 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 10, 1985)
Article 23. ROLL CALL VOTE ON M AIN MOTION UNDER ARTICLE 23 (Con
(Cont.) LL
P RECINCT THREE (CONT.) YES NO ABSTAINED ABSENT
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
Katherine M. Whyte x
TOTALS 12 7 0 2
PRECINCT FOUR
Gerald L. Abegg x
Nyles Nathan Barnert x
Julian J. Bussgang x
Stephen B. Cripps x
Dan H. Fenn, Jr. x
Angela E. Frick x
Frederick C. Frick x
Katherine C. Fricker x
Donald R. tiller 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
Sandra J. Shaw x
Karsten Sorensen x
Ruth S. Thomas x
Judith J. Uhrig x
Martin K. White x
TOTALS 16 4 0 1
PRECINCT FIVE
Florence A. Baturin x
Cynthia L. Blumsack x
Howard Cravis x
Wallace Cupp x
Marshall J. Derby x
Guy W. Doran x
Jonathan P. Doran x
Elaine Dratch x
William F. Fraser x
Paul E. Hamburger x
John Hayward x
Leona W. Martin x
Stephen W. Miller x
Paul Newman x
Diran M. Semonian x
Sam Silverman x
Edgar R. Stuhr x
Patricia. A. Swanson x
Julie F. Triessl x
Ephraim Weiss x
David G. Williams x
TOTALS 11 6 0 4
(AD JOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 10, 19$5) �?
Article 23. ROLL CALL VOTE ON MAIN MOT U NDE R ARTICLE 23 (Cont.)
(Cont.)
PRECINCT SIX YES NO ABSTAINED ABSENT
Margaret N. Brooke x
Levi G. Burnell x
Shepard Anthony Clough x
George E. Foote x
Thomas E. Fortmann x
Edmund C. Grant x
Elizabeth C. Haines x
Florence Koplow x
Alan J. Lazarus x
Judith B. Marshall x
Joyce A. Miller 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 14 3 0 4
PRECINCT SEVEN
Esther S. Arlan x
Elizabeth M. Barabush x
George A. Burnell x
John R. Campbell x
Sally T. Castleman x
Renee T. Cochin x
Winifred L. L. Friedman x
Lloyd Gilson x
Clarice B. Gordon x
Marvin H. Greenberg x
Marthur H. Kalil x
Walter N. Leutz 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
Robert V. Whitman x
Richard B. Wolk x
Martha C. Wood x
TOTALS 13 5 0 3
PRECINCT EIGHT
Donald L. Bailey x
Richard H. Battin x
Roger F. Borghesani x
Florence E. Connor x
William P. Fitzgerald x
Elizabeth G. Flemings x
Suzanne S. Frank x
Ione D. Caring x
Benjamin H. Golini x
William E. Maloney, Jr. x
A. Patricia McCabe x
James M. McLaughlin x
Richard A. Michelson x
Laura F. Nichols x
Gordon R. Osgood x
66
(ApJOTJRIVEb SESST6IV'OT' THE 19$5 ANNUAL TOWN MEETING = `APRTL'10; 195)
Article 23. ROLL CALL VOTE ON AIN MOTION UNDER ARTICLE 23 (Cont.)
(Cont.)
PRECINCT EIGHT (Cont.) YES NO ABST AINED ABSENT
Susan G. Plumb x
Jack Sarmanian x
Sheldon A. Spector x
Carolyn H. Tiffany x
Stanley E. Toye x
Christopher B. Williams x
TOTALS 11 7 0 3
PRECINCT NINE
Alice J. Adler x
Kenneth 0. 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
Janet Perry x
Richard M. Perry x
Susan J. Ricci x
Fred D. Rosenberg x
James J. Scanlon x
TOTALS 14 5 0 2
TOWN MEETING M EMBERS AT LARGE
Margery M. Battin x
Norman P. Cohen x
Lincoln P. Cole, Jr. x
William J. Dailey, Jr. x
Stephen W. Doran x
John C. Eddison x
Paul W. Marshall x
Mary R. McDonough x
John F. McLaughlin x
TOTALS 3 3 2 1
TOTAL TALLY OF ROLL CALL VOTE
PRECINCT YES NO AB STAINED ABSENT TOTALS
1 8 13 0 0 21
2 13 7 0 1 21
3 12 7 0 2 21
4 16 4 0 1 21
5 11 6 0 4 21
6 14 3 0 4 21
7 13 5 0 3 21
8 11 7 0 3 21
9 14 5 0 2 21
At Large 3 3 2 1 9
TOTALS 115 60 2 21 198
As less than. the required two - thirds voted in favor, the Moderator
declared that the main motion under Article 23 was not adopted.
11:30 P.M.
(ADJOURNED SESSION O THE 1985 ANNUAL TOWN MEETING - APRIL 10, 1985) ,6
Paul W. Marshall served notice of reconsideration of Article 23.
(See Pages 495 -500) 11:30 P.M.
Paul W. Marshall moved that the meeting be adjourned to Monday, April 22,
1985 at 8 P.M. in Cary Memorial Hall.
Adopted by voice vote. 11:30 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING
HELD APRIL 22, 1985
The meeting was called to order in Cary Memorial Hall at 8 P.M. by Moderator,
Lincoln P. Cole, Jr.
There were 176 Town Meeting Members present.
Invocation was offered by Rev. Harvey Meppelink of the Assemblies of God
Christian Center. 8:02 P.M.
Ephraim Weiss informed the meeting that he had placed one page of information
referring to Article 16 on the back table and asked that the members pick up this
sheet in order that they could study the motion he wished to make. 8:02 P.M.
Article 2. REPORTS OF TOWN BOARDS,
OFFICERS, COMMITTEES
Chairman of the Board of Selectmen, Paul W. Marshall, said that the
intention of the Selectmen is to take up the financial articles
next Monday, April 29th. This evening Article 24 will be the first
item on the agenda. After that, the plan is to take up Articles 8
and 16. If these items are completed, then a motion to adjourn to
Monday, April 29th would be offered. If the above articles are
not completed tonight, then a motion to adjourn to Wednesday,
April 24th would be offered. If this motion should prevail, the
balance of the above articles, plus any article to be reconsidered,
would be brought up on the 24th. If finished at a reasonable hour,
the meeting would be adjourned to Monday, April 29 and the TMMA
information meeting on the financial articles would immediately
commence. If not finished at a reasonable hour, at the start of
the April 29th adjourned session, a report on the financial
articles would be given under Article 2 at the start of the
meeting. 8:05 P.M.
The Moderator stated that Article 8 had been postponed until after
Articles 11 - 24 but Mr. Marshall felt that as long as some action
had been taken on each article from 11 - 24 (Article 17 had been
postponed until Monday, May 13) that Article 8 could be taken up.
(See Page 470) 8 :06 P.M.
Article 24. MINUTEMAN REGIONAL VOCATIONAL
TECHNICAL SCHOOL DISTRICT HOTEL
Presented by Marshall J. Derby.
(Not MOTION: That the Town approve the proposal of Massachusetts Inn -
Adopted) keepers Inc., to construct a hotel training center on land leased
to it by Minuteman Regional Vocational Technical School District
as outlined in material. filed with the Town Clerk.
(See
Page 8:07 P.M.
520) The following ere recognized and aided in the
g g presentation of
the proposal:
Robert C. Jackson, Lexington Member of the Minuteman Regional
Vocational Technical School Committee; John Donahue,
Arlington, Chairman of the Minuteman School Committee; Ronald
Fitzgerald, Superintendent Director; Peter Crafts, Director of
Culinary Arts; Dr. Steven Fletcher, Department Head, Hotel,
Restaurant, Travel, UMASS; Mr. Peter Faoro, Executive Vice -
Pres., Mass. Hotel /Motel Association, Minuteman Advisory Commm:;
Raymond Murgia, Executive Vice - Pres., Mass. Restaurant Assoc.,
Minuteman Advisory Comm.; Frank Stover, General Manager, Harvard
Club in Boston, Minuteman Advisory Comm.
8:50 P.M.
Jane P. Buckley, voicing her concern regarding the traffic
congestion, spoke in opposition. 8:53 Y.M.
Speaking in. favor: Ms. Nancy Dini, Owner, Dini Sea Grill (Boston),
and on the Minuteman Advisory Committee; Richard Eaton, past
member of the Lexington School Committee. In opposition: Cynthia
L. Blumsack and Margaret F. Rawls. 9:32 P.M.
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 22, 1985) 441
Article 24. Judith J. Uhrig voiced the unanimous support of the Planning
(Cont.) Board and urged adoption of this proposal. A written report of
the Planning Board was not filed.
John F. McLaughlin voiced the support of a majority of the members
of the Board of Selectmen and urged the meeting to support the
article. 9:45 P.M.
John C. Eddison, Selectman, spoke in opposition. He was concerned
about the size and the traffic. He added that at the Selectmen's
meeting this evening, the board voted unanimously to expand the
intersection but it is not known whether it would be approved by
the National Park System or the federal government. He suggested
taking another look at this and to down size the project. He
said that the proposal should be voted down and then come back
with a new proposal of a smaller size. 9:57 P.M.
Julian J. Bussgang said that he was emotionally against this
proposal, feeling that the 200 room hotel would overshadow the
school and the other projects. 10:02 P.M.
Patricia A. Swanson spoke in favor and Gerald L. Abegg and
Florence Koplow spoke in opposition. 10:16 P.M.
Margery M. Battin, Selectman, spoke in opposition. She was
concerned about the density of the development, the size and the
traffic. Also, one of her major concerns was the fact that liquor
would be served while students were on the grounds. 10:18 P.M.
Two graduates from the first graduating class in 1978 spoke from
the balcony praising the school and what it had done for them.
Both James Cesario and Fred Corazzini, Jr. urged support of the
proposal. 10:25 P.M.
At Mrs. Swanson's request, Richard A. Kraus, Senator from the
Fourth Middlesex District, was recognized and he spoke on the
educational aspects of this proposal and urged approval.
10:32 P.M.
Iris G. Wheaton spoke in opposition and Leo P. McSweeney, a Town
Meeting Member from Precinct 9 and a member of the Painting and
Decorating Advisory Committee at Minuteman School spoke in favor.
10:39 P.M.
Superintendent Director Fitzgerald answered many questions
throughout the action on Article 24.
William M. Fraser moved the previous question which was declared
adopted by voice vote. 10:45 P.M.
Mr. Derby, as the presenter of the main motion, released his ten
minutes to Ronald Fitzgerald who summarized the presentation by
saying that the proposal had 1) high educational value; 2) low
traffic impact; 3) high protection for the community. He added
that they would not move forward without the approval of the
Selectmen's traffic plan. 10:50 P.M.
The Moderator said that, as this article required a two - thirds
vote if not unanimous, he would ask for a standing vote with the
results as follows:
Precinct In Favor Tellers Opposed
1 10 John W. Maloney 7
2 11 Christina J. Welch 6
3 2 Marian C. Reilly 12
4 2 Katherine G. Fricker 12
5 9 Diran M. Semonian 10
6 6 Lisabeth M. White 10
7 3 Graydon M. Wheaton 12
8 5 Florence E. Connor 13
9 5 Deborah B. Green 10
At Large 17 John R. Campbell 10
Totals 70 102
Less than the required two - thirds having voted in favor, the
main motion is not adopted. 10:53 P.M.
47 0 (ADJOURNED SESSTON OF THE 1.985 ANNUAL TOWN MEETING - APRIL 22, 1985)
Paul W. Marshall moved that this meeting be adjourned to Wednesday, April 24,
1985 . at 8 P.M. in Cary Memorial Hall. 10:53 P.M.
Mr. Marshall said that if his motion was adopted, Article 8 and 16 would be
brought up on the 24th. If they were finished early, the meeting would be
adjourned and there would be the TMMA information meeting on the financial
articles. 10:54 P.M.
The Moderator ruled that no action could be taken on Article 8, which had
been postponed until after Article 11 - 24, as no action had been. taken on
Articles 1.6 and 17. Article 17 was postponed until Monday, May 13, and as the
meeting could not be dissolved with this motion on Article 17 unless two - thirds
of the body voted to do so, it would not be possible to act on Article 8.
10:56 P.M.
Ephraim Weiss, who had postponed Article 16 until after Article 24, said
that he did not wish to bring up Article 16 on April 24 as two members of
the Planning Board would not be available. 10:57 P.M.
Benjamin H. Golini served notice of reconsideration of Article 24.
10:59 P.M.
(See Page 520.)
Julian J. Bussgang had a point of order. He asked if the town meeting could
rescind the vote on Article 8 and then proceed with action on Article 8.
11 P.M.
The Moderator asked the maker of the motion to postpone Article 8, Stanley
E. Toye, if he would be agreeable to having Article 8 brought before the
meeting on April 24 and Mr. Toye answered in the negative. His reason for
postponing action on the article was so that all zoning articles on housing
would be completed before Article 8 would be acted upon. Articles 21 and 22,
which refer to housing, have been tabled and therefore no action has been
taken. 11 P.M.
George A. Burnell moved to amend Mr. Marshall's motion by adjourning to
Monday, April 29, 1985 at 8 P.M. in Cary Memorial Hall. 11:02 P.M.
Mr. Burnell's motion to amend was declared adopted by voice vote.
11:02 P.M.
Mr. Marshall's motion to adjourn, as amended by Mr. Burnell, was declared
adopted by voice vote. 11:03 P.M.
The meeting was adjourned to Monday, April 29, 1985 at 8 P.M. in Cary
Memorial Hall. Adopted by voice vote. 11:03 P.M.
A true copy.
Attest:
u _
Mary R. McDonough, Town Clerk
_ 7
AD JOURNED SESSION OF THE 1985 ANN TOWN MEETING
HELD APRIL 29, 1985
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr.
at 8 P.M. in Cary Memorial Ball.
There were 182 Town Meeting Members present.
Invocation was offered by Rev. Thomas L. Clough, Minister of Education
at the Hancock United Church of Christ. 8:02 P.M.
Article 2. REPORTS OF TOWN BOARDS,
OFFICERS, COMMITTEES
Paul W. Marshall, Chairman of the Board of Selectmen, gave the game
plan as he now knew it. He said that Article 16 would be brought
before the meeting and the proponent would ask to postpone it and
bring it up next Monday. Then on to the financial articles.
It was also his understanding that Mr. Cannalonga (Article 18)
and the Franklin School conveyance (Article 23) would be re-
considered, with the approval of the meeting, on next Monday.
On. Wednesday, May 8th, Article 51 (Pine Meadows Golf Course)
would be brought before the meeting as the finalized purchase and
sale agreement should be ready at that time. If the balance of
the financial articles are not finished, then the meeting would
proceed with them after that. 8:04 P.M.
Michael J. O'Sullivan, Chairman of the Appropriation Committee,
moved that the Report of the Appropriation Committee be accepted
and filed and gave a short explanation.
Adopted by voice vote. 8:11 P.M.
Daniel L. McCabe, Chairman of the Capital Expenditures Committee,
moved that the Report of the Capital Expenditures Committee be
accepted and placed on file.
Adopted by voice vote. 8:13 P.M.
Article 16. AMEND ZONING BY -LAW
CONGREGATE LIVING FACILITY
Ephraim Weiss moved that Article 16 be tabled.
Adopted by voice vote. 8:13 P.M.
(See Pages 458, 471, 488 & adopted motion on Page 521.)
Article 2. REPORTS OF TOWN BOARDS,
OFFICERS, COMMITTEES
Paul Marshall reviewed the budgets, acquisition of the Pine
Meadows Golf Course and extension of the Lincoln Street Recreation
Area. He added that there had been changes since the Town Manager
had presented his original budget, due to additional state aid.
The estimated increase in the tax rate is 59� for residential and
58C for commercial. 8:17 P.M.
At Mr. Marshall's request, the Town Manager, Robert M. Hutchinson, Jr.,
was recognized and he gave an explanation of the FY86 budget, listing
the nine budget assumptions. The total valuation is $1,333,000,000
plus 24 million. Of the bargaining units, only the Fire Department
contract has been settled. The FY86 levy limit under Prop. 2z is
$30,993,988 which equals 2/3 of the total valuation. The estimated
residential tax rate is $20.99 and the commercial $30.68.
Mr. Hutchinson added that there will be a revaluation of property
in Fiscal 87. 8:35 P.M.
76�
sa (ADJOURNED SESSION OF T HE 1985 ANNUAL TOWN M - APRIL 29, 1985)
Article 25. SUPPLEMENTARY APPROPRIATIONS
FOR CURRENT FISCAL YEAR (FY85)
Paul W. Marshall moved: That this article be indefinitely postponed.
Adopted by voice vote. 8:35 P.M.
Article 26. OPERATING BUDGET
Presented by Paul W. Marshall.
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.
8:36 P.M.
(Richard M. Perry gave written notice and the following gave verbal
notice that they would not vote on Article 26: Lincoln P. Cole, Jr.,
William W. Welch, Jr., Edgar R. Stuhr and Mary R. McDonough.)
The Moderator said that he would read the line items and, as his
head would be down, if anyone wished to speak at any time, that
they should say "Mr. Moderator" in a loud voice.
Selectmen's Depa rtment
41000 Personal Services $ 34,554
1050 Expenses 9,050
8:36 P.M.
Town Manager's Office
1060 Personal Services 136,211
1065 Expenses 7,500
8:37 P.M.
Town Manager's Jurisdiction
1070 Temporary Help & Overtime 35,000
1075 Clerical Pool 13,155
1080 Office Furniture & Fixtures 4,000
1090 General Professional Services 75,000
1125 Fire & Police Medical 35,000
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
8:38 P.M.
Selectmen's Jurisdiction
1148 Safety Program Expenses 500
8:38 P.M.
Tow Clerk's Department
1150 Personal Services 78,845
1200 Expenses 1,520
8:38 P.M. _.,.
Board of A ppeals
1500 Personal Services 17,598
1550 Expenses 2,650
8:38 P.M.
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRI 29 1985) 4 73
Article 26. Planning Board
(Cont.)
#1600 Personal Services $ 63,989
1650 Expenses 5,775
8:38 P.M.
Insurance
1700 Group (See amended motion on Page 532) 2,109,600
1750 Municipal Property & Workmen's Compensation 400,000
8:39 P.M.
Prin ting Town Report
1760 Expenses 5,500
8:39 P.M.
Law Department
1775 Law Fees 100,000
1.800 Law Expenses 25,000
8:39 P.M.
Elections
1900 Selectmen Jurisdiction 9,400
1950 Town Clerk Jurisdiction 8,255
8:39 P.M.
Board of Registrars
2000 Personal Services 9,050
2050 Expenses 15,800
8:40 P.M.
Town Committees
2250 Appropriation Committee Expenses 925
2370 Misc. Committees & Boards Expenses 4,000
2400 Town Celebrations Committee Expenses 7,500
8:40 P.M.
Hist oric Districts Commission
2450 Expenses 2,000
8:40 P.M.
Conservation Commission
2460 Expenses 9,340
2465 Personal Services 31,448
8:40 P.M.
Recre Committee
2470 Personal Services 130,435
2480 Expenses 19,580
8:41 P.M.
Treasurer/Collector's Department
2500 Personal Services 108
2525 Expenses 18,050
2575 Foreclosure & Redemption 5,000
8:41 P.M.
Comptrollers Department
2800 Personal Services 143,070
2850 Expenses 6,675
8:41 P.M.
,.......r .. ,a
47 4 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 29, 1985)
Article 26. Comp Jurisdiction
(Copt.)
#2925 Office Machines - Capital Outlay $ 12,500
2930 Office Machines - Maint. & Repair 30,300
2935 Office Services - Copier & Supplies 12,000
2940 Metered Mail 34,300
8:42 P.M.
Assessors' Department
2950 Personal Services 79,823
3000 Expenses 11,900
8:42 P.M.
Health Department
3250 Personal Services 72,151
3300 Expenses 19,300
3320 Visiting Nurse & Community Health 7,550
3450 Rabies Clinic 3,025
8:42 P.M.
H ealth Jurisdiction - Animal Control Officer
3500 Personal Services 17,859
3550 Expenses 7,325
8:42 P.M.
Robert I. Rotberg asked if any of the police had been promoted
under the "Quinn Act" and the Town Manager answered that the
Town of Lexington had not accepted this act. 8:44 P.M.
Police Department
3760 Police Department Management and Staff - Personal Services 456,390
(Of which $11,000 is to be transferred from the
Parking Meter Fund)
3770 Police Department Collective Bargaining Unit -
Personal Services 1,282
3800 Expenses 227,445
3900 Parking Meter Maintenance 3,500
(Of which $3,500 is to be transferred from the
Parking Meter Fund)
8:45 P.M.
Fire Department
4110 Fire Department Management and Staff- Personal Services 160,755
4120 Fire Department Collective Bargaining Unit -
Personal Services 1,589,861
** 4150 Expenses (See next page for adopted figure) 149,400
8:45 P.M.
Iris G. Wheaton voiced her concern regarding doing away with
the fire alarm boxes. Mr. Hutchinson, Town Manager, said
that an estimated figure of $7,000 had been put in the budget
to remove most of the boxes. He added that it is not cost
effective to keep the boxes that were put in approximately
in the early 1900's. He said that approximately 250 street
boxes would be removed but did say that the Fire Chief did
not recommend the removal. 8:48 P.M.
Richard A. Michelson moved that Account #4150 appropriate
$142,400 in place of $149,400. 8:49 P.M.
Mr. Michelson explained that the reduction of the $7,000 is
so that the fire alarm boxes would not be removed. The Town
of Walpole removed boxes in the past and are now putting them
back in. 8:51 P.M.
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 29, 1985) 7
Article 26. Fire Department (Cont.
(Cont.)
Paul Marshall said that it is not a dollar and cents item.
It is a safety measure. 8:54 P.M.
James E. Barry spoke in favor of keeping the boxes and Iris G.
Wheaton spoke in favor of Mr. Michelson's motion to amend.
8:59 P.M.
Mr. Michelson's motion to amend line item 14150 was declared
adopted by voice vote. 9 P.M.
The amended line item 14150 now reads:
** #4150 Expenses $ 142,400
Margaret F. Rawls questions the difference of $70,000 in
line item #4120. Mr. Marshall said that this is due to the
settlement of the collective bargaining unit since the Town
Manager had presented his budget back in January.
9 P.M.
Local Disaster Services
4300 Personal Services 200
4350 Expenses 500
9 P.M.
Inspection Department
4450 Personal Services 107,652
4500 Expenses 3,600
9:01 P.M.
Director of Public Works Office
4900 D.P.W. Collective Bargaining Unit - Personal Services 1,368,389
(Of which $45,000 is to be transferred from the
Westview Perpetual Care Fund)
9:03 P.M.
Michael J. O'Sullivan, Chairman of the Appropriation Committee,
moved that: line item number 4900 be amended as follows -
That the amount $1,368,389 be deleted and the amount
$1,351,389 be substituted. 9:02 P.M.
Both Paul Marshall and the Town Manager, Robert M. Hutchinson, Jr.
spoke in opposition to the amendment. 9:08 P.M.
Mr. O'Sullivan's motion to amend line item 114900 was defeated
by voice vote. 9:08 P.M.
4950 Public Works Management and Staff Personal Services 402,984
5000 Expenses 21,720
9:08 P.M.
Engineering Department
5100 Personal Services 248,725
5150 Expenses 9
9:09 P.M.
Town Buildings Maintenance
5200 Personal Services 108,973
5250 Expenses 219,150
9:09 P.M.
4 rM L��
, 6 (ADJOURNED SESSION OF THE. 1985 ANNUAL TOWN MEETING - APRIL 29, 1985)
Article 26. Highway /Traffic Division
(Cont.)
45400 Expenses
$ 234,600
9:09 P.M.
Michael J. O'Sullivan moved that: Line Item Number 5400 be
amended as follows - that the amount $234,600 be deleted and
the amount $227,600 be substituted.
Amendment lost by voice vote. 9:12 P.M.
Paul E. Hamburger questioned line items 42470 and 2480.
Mr. Hutchinson answered that the $15,000 increase is in wages
of the summer workforce. The minimum wage is $3.35.
9:13 P.M.
Road Machinery
5450 Expenses 256,700
9:13 P.M.
Snow Removal
5500 Expenses 160,200
9:13 P.M.
Street Lights
5600 Expenses 407,000
To which the sum of $259,622 in available and anticipated
P.L. 98 -185 (General Revenue Sharing Funds) is to be applied.
9:14 P.M.
Sewer & Water Maint
5700 Expenses 233,215
9:14 P.M.
Refuse Co
5800 Contract 808,500
9:15 P.M.
Sanitary Landfill
5850 Expenses 3,500
9:15 P.M.
Park /Shade T ree Division
* 6000 Expenses (See amended figure below) 104,275
9:15 P.M.
Fred D. Rosenberg moved that: line item 46000 be amended to
read $104,775. 9:15 P.M.
Paul W. Marshall said that the Board of Selectmen would have no
problem with this amendment and that they would vote in favor.
9:18 P.M.
Mr. Rosenberg's motion to amend line item 46000 was declared
adopted by voice vote. 9:18 P.M.
The amended line item #6000 now reads:
* 6000 Expenses 104,775.
(ADJOURNED SESSION OF THE 1985 A NNUAL TOWN MEETING - APRIL 29, 19$5)
Article 26. Richard A. Michelson brought up the subject of opening the
(Cont.) dump for a couple of weeks in the spring and a couple of weeks
in the fall for the disposal of leaves and brush. Mr. Marshall
answered that the dump would be open for a couple of weeks in
the fall for the disposal of leaves. 9:20 P.M.
Donald B. White questioned line item 45800. The Town Manager
answered that they are now in the process of burning waste in
the testing process at the facility in Andover. The cost will
go up as expected in the past and is based on the cost of a
barrel of oil. It is $28 to $30 a ton for tipping fee.
9:24 P.M.
There was discussion on line item #6000 in regards to the
chemicals being used in spraying as questioned by Elaine Dratch.
Paul E. Mazerall, Park Superintendent, answered many questions
and explained the chemicals being used and the purposes for
which they were used. 9:30 P.M.
Jacquelyn H. Ward informed the meeting that Lexington had won
the award as "Tree City USA" as one of six communities in
Massachusetts winning such an award. She said that this award
was due to the excellent work done by Paul E. Mazerall.
Mr. Mazerall was given a standing ovation. 9:30 P.M.
Insect Suppression
46050 Expenses 1,350
9:30 P.M.
Cemeteries
6400 Expenses 14,950
9:30 P.M.
HUMAN
Veterans' Bene
7100 Personal Services 10,532
7150 Administration 300
7200 Aid & Expenses 10,500
7250 Grave Registration Expenses 200
7300 Burial Expenses 250
9:31 P.M.
Council on Aging
7340 Personal Services 34,764
To which the sum of $34,764 in available and anticipated
P.L. 98 -185 (General Revenue Sharing Funds) is to be
applied.
9:32 P.M.
7360 Expenses 37,450
To which the sum of $37,450 in available and anticipated
P.L. 98 -185 (General Revenue Sharing Funds) is to be
applied. 9:32 P.M.
Other Human Servic
7410 Mystic Valley Mental Health 15,000
7430 Community Services 68;164
To which the sum of $68,164 in available and anticipated
P.L. 98 -185 (General Revenue Sharing Funds) is to be
applied. 9:33 P.M.
47 S (All.7b'UR1VEb`�FSSTOWOx THE 1985 ANNttA MEETING = 'APRIL 29;
1985)
Article 26. Cary Memorial Library
(Cont.)
117500 Personal Services $ 583,481
7550 Expenses 188,925
(Of which $2,539.17 is to be transferred from the County Dog
License Fees. $14,740 in Regular State Aid and $8,548 in
Supplemental State Aid to Public Libraries is also available
for use by the Trustees of the Library.)
9:33 P.M.
Board of Retirem
7800 Contributory Pension Fund 1,496,889
In addition, $300,000 of excess investment income in the
Retirement Fund is also approved for use by the Board of
Retirement.
7810 Pension Funding 300,000
9:34 P.M.
Questions were raised regarding the pension funding.
Paul W. Marshall said that the Selectmen felt that it
was appropriate to put in the figure of $300,000.
9:43 P.M.
7825 Non - Contributory Pension Fund 210,000
7850 Expenses 5,955
9:43 P.M.
Frank Sandy raised questions regarding the Parking Meter Fund.
Richard M. Perry, Comptroller, answered that, at the present
time, there is $155,000 in the fund and that $153,500 is
being transferred at this town meeting. Mr. Sandy wanted to
know how much bad been transferred in the past but the figure
was not available at this moment. 9:50 P.M.
Public Schools
7920 Public School- Education 20,019,755
(Of which $11,950.00 is for out of state travel.)
To which the sum of $324,053 in available and anticipated
P.L. 874 and other Federal and State Funds, and $35,000
in available and anticipated athletic receipts is to be
applied and the balance of $19,660,702 is to be raised
in the tax levy. 9:50 P.M.
Paul Newman, Chairman of the School. Committee, described the
journey that the budget had traveled and the budget process.
He asked that Geoffrey Pierson, Superintendent of Schools,
be recognized. 9:58 P.M.
Mr. Pierson presented the budget in which there was a 4.5%
increase and he showed the major increases. He gave a cost per
pupil and personnel summary and added that there is a high degree
of parental satisfaction. 10:10 P.M.
8100 Regional Vocational Technical High School Assessment 304,756
10:10 P.M.
8500 Interest on Debt 52,488
10:15 P.M.
8525 (Tax and Bond Anticipation Loans)
Paul W. Marshall moved that line item 118525 be tabled.
This motion was adopted by voice vote. 10:15 P.M.
(See Page 531)
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING APRIL 29, M5) 479
Article 26.
(Cont.)
418550 Maturing Debt $ 485,000
10:19 P.M.
The main motion as presented by Paul W. Marshall, with the
exception of line item 418525 which has been tabled, was declared
adopted unanimously. 10:20 P.M.
Frank Sandy served notice of reconsideration of Article 26. 10:20 P.M.
Article 2. REPORTS OF TOWN BOARDS,
OFFICERS, COMMITTEES
David G. Williams, Chairman of the Conservation Commission, gave a
short report on the acquisition of conservation land, mainly the
West land on Oak Street and the Chiesa land on Adams Street.
10:25 P.M.
Article 27. SALARY ADJUSTMENTS AND COLLECTIVE
BARGAINING SETTLEMENTS
Presented by Paul W. Marshall.
MOTION: That $300,000 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. 41 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
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
10:28 P.M.
4 0, (AWOURME) SESSION "OF THE 1985'ANN TOWN "MRRTING — APRIL "29,'1985)
Article 27. Lincoln P. Cole, Jr., Richard M. Perry and Mary R. McDonough abstained from
(Cont.) voting on this article.
After general discussion, mostly questions raised by Ephraim Weiss and
answered by the Town Manager, the motion was declared adopted by voice
vote. 10:36 P.M.
Article 28. PRIOR YEARS' UNPAID BILLS
Presented by Selectman, William J. Dailey, Jr.
MOTION: That this article be indefinitely postponed.
Adopted by voice vote. 10:36 P.M.
Article 29. SUPPLEMENTAL APPROPRIATIONS FOR
AUTHORIZED CAPITAL IMPROVEMENT PROJECTS
Presented by William J. Dailey, Jr.
MOTION: That $25,000 be appropriated, to be used in conjunction
with funds appropriated under Article 57 of the Warrant for the
1984 Annual Town Meeting, to purchase furniture for the Senior
Center, and to raise such amount $25,000 be transferred from the
Reserve Fund- Overlay Surplus.
10:36 P.M.
Mr. Dailey said that it would cost $125,000 to equip the new Senior
Center at the Muzzey School complex. They have already raised
$31,000 and have received gifts. The Selectmen recommend this
expenditure as does the Appropriation Committee.
Adopted by voice vote. 10:38 P.M.
Article 30. RESERVE FUND
Presented by William J. Dailey, Jr.
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. 10:40 P.M.
Article 31. TAX ANTICIPATION BORROWING
Presented by William J. Dailey, Jr.
MOTION: That the Town Treasurer, with the approval of the Selectmen,
be authorized to borrow money from time to time in anticipation of
the revenue for the fiscal year beginning July 1, 1_985 and to issue a
note or notes therefor, payable within one year, under G.L. c. 44,
sec. 4 as amended, and to renew any note or notes as may be given for
a period of less than one year, under G.L. c. 44, sec. 17.
Adopted unanimously. 10:40 P.M.
Article 32. CONSERVATION FUND
Presented by Selectman, John C. Eddison.
MOTION: That this article be indefinitely postponed. 10:41 P.M.
Mr. Eddison, with the permission of the meeting, immediately withdrew
his motion to indefinitely postpone and then moved to table Article
32 which was adopted by voice vote. 10:42 P.M.
(See Page 530)
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - APRIL 29, 1985)
Article 33. UNEMPLOYMENT COMPENSATION FUND
Presented by Selectman John F. McLaughlin.
MOTION: That this article be indefinitely postponed.
Adopted unanimously. 10:42 P.M.
Article 34. WATER MAINS
Presented by John F. McLaughlin.
MOTION: That the Selectmen be and they hereby are authorized to
install new or replacement water mains in such accepted or
unaccepted streets cr 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 $200,000 for such installation and land acquisition; to
raise such amount $30,000 be transferred from the Sale of Real
Estate Fund, $140,000 be transferred from the Reserve Fund - Overlay
Surplus and that $30,000 be raised in the tax levy; and that the
Selectmen be authorized to apply for, accept, expend and borrow in
anticipation of federal and state aid for such project.
10:43 P.M.
Mr. McLaughlin explained that this is the first year of a ten year
program and the first project will be in the manor area - Simonds
Road and streets that run off Simonds Road.
Adopted unanimously. 10:45 P.M.
Article 35. INSTALL DRAINS /WIDENING, DEEPENING
OR ALTERING BROOKS
Presented by John F. McLaughlin.
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, ease-
ment or other interest in land necessary therefor; and to appropriate
the sum of $15,000 for such installation and land acquisition; that
such amount be raised in the tax levy.
10:46 P.M.
Mr. McLaughlin said the drains this year would be in Winter Street
and Daniel L. McCabe voiced the approval of the Capital Expenditures
Committee. 10:46 P.M.
Adopted unanimously. 10:46 P.M.
Article 36. BROOK CLEANING
Presented by John C. Eddison.
MOTION: That this article be indefinitely postponed.
Adopted unanimously. 10:47 P.M.
Article 37. INSTALL CURBING
Presented by John C. Eddison.
MOTION: That this article be indefinitely postponed.
Adopted unanimously. 10:47 P.M.
482 (ADJOURNED SESSION OP THE 1985 ANNUAL TOWN MEETING — APRIL 29 1985)
Article 38. CONSTRUCT SIDEWALKS
Presented by John C. Eddison.
MOTION: That this article be indefinitely postponed.
Adopted by voice vote. 10:48 P.M.
Article 39. SANITARY SEWERS
Presented by John C. Eddison.
MOTION: That this article be indefinitely postponed.
Adopted unanimously. 10:50 Y.M.
Paul W. Marshall moved that this meeting be adjourned to Wednesday, May 1,
1985 at 8 P.M. in Cary Memorial Hall. Adopted unanimously. 10:50 P.M.
A true copy.
Attest:
r
Mary R. McDonough, Town Clerk
48''
e
ADJ OURNED SESSION OF THE 1985 ANNUAL TOWN MEETING
HELD MAY 1, 1985 _ _
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8 P.M. in Cary Memorial Hall.
There were 176 Town Meeting Members present.
Invocation was offered by Rev. Brian S. Dixon, Pastor of the First Baptist
Church. 8:01 P.M.
Article 2. REPORTS OF TOWN BOARDS,
OFFICERS, COMMITTEES
I
Paul W. Marshall, Chairman of the Board of Selectmen, informed the
meeting that the sewer construction would be going through the center
of town. Starting next Monday, the Meriam Street parking lot will be
subject to the sewer construction and for the next two weeks part of
the lot will be closed. Part of that time the entrance from Depot
Square will be closed and entrance will have to be made from Meriam
Street. 8:04 P.M.
The Moderator declared the meeting open on Article 40.
Article 40. SCHOOL INFILTRATION /INFLOW REMOVAL
Presented by Margery M. Battin.
MOTION: That the sum of $50,000 be appropriated to remove infil-
c atfon and inflow of storm water from the sewer system which
originates from school building connections; that such amount be
raised in the tax levy; 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. 8:07 P.M.
Article 41. SEWER PUMPING STATION ENERGY IMPROVEMENTS
Presented by Margery M. Battin.
MOTION: That the sum of $11,000 be appropriated for engineering
services for an energy study of the North Lexington Sewage Pumping
Station, and that such amount be raised in the tax levy.
Adopted unanimously. 8:12 P.M.
Article 42. PUBLIC WORKS EQUIPMENT
Presented by William J. Dailey, Jr.
MOTION: That the sum of $150,000 be appropriated for the purchase
by or with the approval of the Selectmen of equipment for the Depart-
ment of Public Works, and that such amount be raised in the tax levy.
8:12 P.M.
Mr. Dailey listed the following pieces of equipment that are to
be purchased: 3 cubic yard front end loader with plow; 6 wheel
racked body truck with winch; 4 wheel drive one ton dump truck with
plow and a 3 -5 ton roller. These will be replacement pieces of
equipment. 8:14 P.M.
In answer to Ronald Levy's query regarding the $25,000 reduction
in the amount being requested (TMMA report carried the figure of
$175,000), Mr. Dailey said that the turn -in allowance reduced the
amount. 8:15 P.M.
Adopted unanimously. 8:15 P.M.
4 8 (AbJ'OV=D SESSTON OF T HE'19$5 ANNUAL TOWN MEETING MAY 1; 1985)
Article 43. AUTHORIZATION TO USE CHAPTER 90 FUNDS
FOR STREET IMPROVEMENTS
Presented by Paul W. Marshall.
(As MOTION: That the Treasurer with the approval of the Selectmen be
adopted) authorized to issue Highway Reimbursement Notes of the Town under
G.L. c. 44, sec. 6, as amended, in anticipation of reimbursement
by the Commonwealth for highway reconstruction and improvements under
the authority of Chapter 90 of the General Laws as funded by Chapter
637 of the Acts of 1983 and Chapter 234 of the Acts of 1984, and that
notes issued for a shorter period than two years may be refunded by
the issue of new notes maturing within two years from the date of the
original obligation; that the Selectmen are authorized to accept
highway funds from all sources; that, in addition, the sum of $650,000
be appropriated for highway improvements, and that such amount be
raised in the tax levy. 8:17 P.M.
Mr. Marshall explained that these funds are for a resurfacing program
and showed the probable streets (these could change) to be done:
STREE LENGTH
Bartlett Avenue 1,000'
Buckman Drive 2,400'
Farmcrest Avenue 1,300'
Grant Street (East St. to York St.) 2,800'
Grove Street (Town line to Rte. 128) 6,000'
Liberty Avenue 2,200'
Lincoln Street (Worthen Rd. to Middleby Rd.) 4,000'
Mass. Avenue (Bedford St. to Woburn St.) 2,300'
Mass. Avenue (Worthen Rd. to Rte. 128) 5,200'
Meriam Street (Adams St. to Castle Rd.) 2,400'
North St. (Adams St. to Carl Rd.) 800'
North St. (Burlington St. to New Sewer) 1,000'
Oxbow Road 2,000'
Pelham Road (Mass. Ave. to Eliot Rd.) 600'
Pleasant Street (Mass. Ave. to Wilson Farm) 1,000'
Stetson Street 800'
Stimson Avenue 850'
Waltham Street (Marrett Rd. to Brookside Ave.) *>' 4,000'
Coolidge Avenue 1,600'
TOTAL 42,250'
(This figure was later doubted by Ronald Levy and it was believed
to be a typographical error. It probably should be 400'.)
Winifred L. L. Friedman wondered what the criteria was in order
that a road be resurfaced. Robert M. Hutchinson, Jr., Town Manager,
explained that they drive over every street to check the need and
the volume of traffic. There is a flexible dealing with the
neighborhood and he added that the list of streets as shown on the
screen (shown above) may be changed. 8:25 P.M.
Mr. Marshall's motion was declared adopted unanimously. 8:26 P.M.
Article 44. STREET CONSTRUCTION AND LANDTAKING
Presented by Paul W. Marshall.
MOTION: That the Selectmen be and they hereby are authorized to
construct and reconstruct such streets as they shall determine, and
to take by eminent domain, purchase or otherwise acquire any fee,
easement or other interest in land necessary therefor; to appro—
priate the sum of $235,000 for such construction and reconstruction
and land acquisition; and that to raise such amount $160,000 be
transferred from the Unreserved Fund— Special Assessments and
$75,000 be raised in the tax levy. 8:27 P.M.
Adopted unanimously. 8:30 P.M.
(Article 44 covers the reconstruction of Middle Street.)
pw
(ADJOURNED SESSIbN OF THE 19 ANNUAL TOWN MEETING - MAY 1, 19$5) ZI
Article 45. STREET ACCEPTANCE AND CONSTRUCTION
Presented by John C. Eddison.
MOTION: To establish as town ways and accept the layout of the
following town ways:
(a) Emerald Street from Asbury Street a distance of 400 feet, more
or less, to end;
(As
adopted) (b) Garfield Street from Reed Street a distance of 700 feet, more
or less, to Earl Street.
all as laid out by the Selectmen and shown upon plans on file in
the office of the Town Clerk, dated February 18, 1985; 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 $100,000 be appropriated for such land acquisition,
construction, alteration and reconstruction as is necessary, and that
such amount be raised in the tax levy.
8:32 P.M.
Mr. Eddison explained that the cost of Emerald Street would be
$56,000 and Garfield Street would be $100,000. These are estimated
figures. These streets would be built to town standards without
sidewalks. 8:33 P.M.
Richard A. Michelson moved that: The sum of $100,000 be deleted
and the sum of $135,000 be appropriated and that (a) read "Emerald
Street from Asbury Street to Bellflower Street ". 8:34 P.M.
The Moderator ruled that this amendment was beyond the scope of the
article and would therefore be put aside. 8:35 P.M.
Ephraim Weiss wanted to know how many houses were involved.
Mr. Eddison answered that there were 11 abutters on Garfield Street
and 7 abutters on Emerald Street. 8:35 P.M.
Susan S. Solomon served notice of reconsideration of Article 43. 8:37 P.M.
Article 45. Mr. Eddison explained that Garfield Street would be built to a
(Cont.) twenty -four foot width without losing any significant amount of
trees. 8:39 P.M.
Vicky L. Schwartz voiced her concern that Philip Road was not in-
cluded in the motion to accept as it had been listed in the warrant
article. She felt that it should be included as it was one of the
entrances to Bowman School and was used by the school buses.
According to Mrs. Schwartz, Philip Road is not in good condition.
8:42 P.M.
Mr. Eddison explained that Philip Road would be postponed to another
year. 8:42 P.M.
Iris G. Wheaton questioned the need of Emerald Street being in the
warrant this year where it had been voted at last year's town
meeting. She also wanted to know why Philip Road was not in the
motion. 8:44 P.M.
Mr. Eddison answered that $56,000 was voted for Emerald Street but
that there wasn't a design voted on at that time. That is what the
meeting would be voting on this year. He also said the $100,000
appropriation would only cover Garfield Street and could not cover
Philip Road also. 8:44 P.M.
E) (ADJOtJPAD 9E8S10N OE THE 1985 ANNUAL TOW M EMNG - MAY 1 1985)
Article 45. Paul E. Hamburger wanted to see the design of the streets. 8:45 P.M.
(Cont.)
Town Manager Hutchinson said that they have accomodated the neighborhood,
on Emerald Street, and if it is not voted this year, it will cost more
money. 8:52 P.M.
Arthur C. Smith said that he would like to hear the exact motion as it
was adopted last year, and, if not available this evening, the article
should be postponed until the 1984 motion was available. 8:53 P.M.
Mr. Marshall said that the vote last year was for the appropriation of
$56,000 only and did not include a layout. Since that time they do
have a layout. 8:53 P.M.
George A. Burnell moved that, for the purpose of voting only, the
motion be divided. The Moderator ruled that, as only a nominal
figure was needed for Emerald Street, the motion would be divided for
voting purposes. 9:05 P.M.
Richard A. Michelson urged support of the Emerald Street acceptance.
9:06 P.M.
Sam Silverman wondered what would be the effect on last year's Emerald
Street vote if section (a) should be defeated this year. The Moderator
stated that money would have been appropriated for a street acceptance
but there would not be a layout for said street. 9:07 P.M.
In response to a question raised by James E. Barry, Michael J.
O'Sullivan voiced the support of the article by the Appropriation
Committee. 9:08 P.M.
Section (a) was declared adopted by voice vote. 9:12 P.M.
Section (b) and appropriation was declared adopted by voice vote.
9:12 P.M.
Article 46. TRAFFIC SIGNAL, MASSACHUSETTS AVENUE /
WALTHAM STREET
Presented by John F. McLaughlin.
(Not MOTION: That the sum of $20,000 be appropriated for improving and
adopted) upgrading traffic control signals at the intersection of Massachu-
setts Avenue and Waltham Street, and that such amount be raised in
the tax levy. 9:13 P.M.
Michael J. O'Sullivan said that the Appropriation Committee recommended
unfavorable action on this article. 9 :16 P.M.
Daniel L. McCabe said that the Capital Expenditures Committee
recommended passage of this article. 9:20 P.M.
In response to questions that had been raised, Mr. McLaughlin said that
this intersection is not accident prone as it is an intersection and
traffic is not proceeding fast. Also, Massachusetts Avenue will be re-
surfaced from Woburn Street to Harrington Road. 9:24 P.M.
Vicky L. Schwartz was concerned that this light would take the place
of a policeman but Mr. McLaughlin said that it would not.
9:27 P.M.
After general discussion, a voice vote was taken on Mr. McLaughlin's
motion but was doubted by the Moderator, so a standing vote was
taken as follows:
Precinct In Favor Tellers Opposed
1 2 John W. Maloney 12
2 8 Christina J. Welch 8
3 6 Marian C. Reilly 9
4 7 Katherine G. Fricker 7
5 4 Diran M. Semonian 9
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 1, 1985) S °
Article 46. Standing vote on Article 46 (Cont.)
(Cont.)
Precinc In Favor Tellers Opposed
6 9 Lisabeth M. White 8
7 4 Graydon M. Wheaton 10
8 9 Florence E. Connor 7
9 10 Deborah B. Green 5
At Large 12 Guy W. Doran 11
Totals 71 86
Main motion, as presented by Mr. McLaughlin, was not adopted.
9:38 P.M.
Article 47. TRAFFIC STUDY, SOUTH LEXINGTON
Presented by John F. McLaughlin.
MOTION: That this article be indefinitely postponed.
9:38 P.M.
Jacqueline B. Davison objected to the postponement and felt that
the study should be tackled now. She wanted to know what assurances
the town had from the businesses that had donated the money that the
survey would be taken. Mr. McLaughlin answered that the town had
written assurances from the businesses and added that the Town
Counsel, Norman P. Cohen had ruled that the town meeting did not
have to appropriate the money that had been donated by these
businesses. 9:42 P.M.
Robert I. Rotberg also spoke in opposition to the postponement.
9:43 P.M.
Mr. McLaughlin's motion to indefinitely postpone Article 47 was
adopted by voice vote. 9:45 P.M.
Article 48. TRAFFIC SIGNAL, SPRING STREET /MARRETT ROAD
Presented by John F. McLaughlin.
MOTION: That this article be indefinitely postponed.
Adopted by voice vote. 9:45 P.M.
Article 49. PARKING LOT OPERATION AND MAINTENANCE
Presented by Margery M. Battin.
(As MOTION: That the sum of $139,000 be appropriated for parking lot
adopted) operation and maintenance in the Town, and that such amount be
transferred from the Parking Meter Fund.
9:45 P.M.
Mrs. Battin explained that this motion included parking meters
for the Cary Memorial Library parking lot. This is at the
suggestion of the Library Trustees who also recommend that they
be one hour meters and free for weekends and evenings.
9:50 P.M.
Daniel L. McCabe, Chairman of the Capital Expenditures Committee,
moved that: the sum of $130,000 be substituted for the requested
$139,000. 9:50 P.M.
This created much discussion, some feeling that in a free public
library, parking should also be free. Selectman Marshall, also a
member of the Library Trustees, said that they hesitated about
introducing this concept but felt that it was a necessity due to
the all day or shopping parking in the library lot.
9:59 P.M.
(ADJOURNED SESSION OF THE 19 ANNUAL TOWN MEET - MAY 1, 1985)
Article 49. Michael J. O'Sullivan voiced the support of the Appropriation
(Cont.) Committee on this article. 10 P.M.
Mr. McCabe's motion to amend was declared lost by voice vote.
10 P.M.
(Amend. Sam Silverman moved that: Article 49 be amended by deleting the
Lost) figure of $139,000 and substituting therefor the figure of $74,000.
10:02 P.M.
Mr. Silverman. explained that his amendment was to remove the
$75,000 for the Meriam Street parking lot. 10:05 P.M.
Frank Sandy spoke in favor of Mr. Silverman's motion to amend
but Mrs. Battin spoke in opposition. She stated that no tax
money is used for parking expenses and praised the Meriam Street
parking lot which had received much favorable comment.
10:10 P.M.
Mr. Silverman's motion to amend was declared defeated by voice
vote. 10:12 P.M.
Main motion, as presented by Mrs. Battin, was declared adopted
by voice vote. 10:12 P.M.
Ephraim Weiss moved that Article 16 be taken from the table which was
adopted by voice vote. 10:13 P.M.
Article 16. (See Pages 458, 471. AMEND ZONING BY -LAW
Adopted motion: Pg. 521) CONGREGATE LIVING FACILITY
Presented by Ephraim Weiss.
I MOVE THAT THE FOLLOWING RESOLUTION BE ADOPTED:
The 1985 Town Meeting endorses the concept of enabling the use of
large old dwellings for CONGREGATE LIVING for the elderly in a
single (or double) housekeeping unit.
This is intended as a viable housing alternative for those elderly
who are capable of self - preservation but through frailty need
limited supervision or care, while providing an alternative
residential use of large dwellings.
Such use conversion should be predicated on restricting physical
changes to the dwelling and maintaining compatibility with the
character of the neighborhood.
Provisions should be included to ensure that such a use is
monitored to ensure compliance, and to discourage and protect
against uses otherwise not permitted;
An article should be prepared for the Town Meeting to provide for
re- incorporation of this concept into the Zoning By -Law.
10:14 P.M.
After Mr. Weiss gave a short explanation, Iris G. Wheaton stated
that she was very upset over this resolution and Elizabeth G. Flemings
and Patricia A. Swanson voiced their support. Mrs. Flemings spoke
for the Planning Board's support. 1.0:28 P.M.
Although Fred D. Rosenberg agreed with the resolution, he said
that he could not support it as it was putting the town meeting on
record on congregate housing. 10:32 P.M.
Iris G. Wheaton, requesting the opinion of the Town Counsel, asked
if an amendment could be put in regarding a moratorium for one year
until it is brought back to town meeting. At her request, the
Moderator called a short recess subject to the call of the Chair at
10:35 P.M. The meeting was re- convened at 10:38 P.M.
At Mrs. Wheaton's request, Ephraim Weiss moved that Article 16 be
tabled, which was adopted by voice vote. 10:40 P.M.
(See Page 521)
(ADJOURNED SESSION OF THE 1 ANNUAL TOWN MEETING - MAY 1, 1985) ` 8 1)
Article 50. COMMUTER PARKING LOT
Presented by John C. Eddison.
MOTION: That this article be indefinitely postponed.
Adopted by voice vote. 10:40 P.M.
Article 51. CONSERVATION LAND PURCHASE
Paul W. Marshall moved that Article 51 be postponed to Wednesday,
May 8.
Adopted by voice vote. 10:41 P.M.
(See Pages 502 -505 and 530 -531)
Article 52. TRANSFER OF TOWN OWNED LAND TO
CONSERVATION COMMISSION
Presented by John C. Eddison.
MOTION: That the Conservation Commission be authorized to purchase
or otherwise acquire, and the Selectmen be authorized to take by
eminent domain, upon the written request of the Conservation Commission,
and that the Selectmen be authorized to transfer, for conservation
purposes including outdoor recreation as provided by Section 8C of
Chapter 40 of the General Laws, as amended, any fee, easement or
conservation restriction as defined in Section 31 of Chapter 184 of
the General Laws, or other interest in all or any part of land shown
as Lot 52 on Assessors' Property Map 24.
10:42 P.M.
Mr. Eddison that this transfer is for town owned land on
Valleyfield Street. 10:43 P.M.
Adopted unanimously. 10:43 P.M.
Article 53. (See Page 506)
Article 54. (See Page 508)
Paul W. Marshall moved that Article 55 be taken up out of order at this
time. This motion was declared adopted by voice vote. 10:43 P.M.
Article 55. MUNROE SCHOOL BUILDING MAINTENANCE
Presented by ,john F. McLaughlin.
MOTION: That the sum of $12,000 be appropriated for installing
storm windows in Munroe School, and that such amount be raised in
the tax levy. 10:44 P.M.
Mr. McLaughlin explained that there are 111 windows on three floors
plus transoms. This is a town owned building that is leased to
tenants and, although this would protect the heating, it is also
good building maintenance. He added that we would be protecting
our own investment. 10:46 P.M.
Responding to a question raised by Winifred L. L. Friedman, Mr.
McLaughlin said that the yearly rental received comes to approximately
$40,000. 10:47 P.M.
Motion, as presented by Mr. McLaughlin, adopted unanimously.
10:47 P.M.
(ADJOURNED SESSION O THE 1985 ANNUAL TOWN MEETING - MA 1, 1985)
Paul W. Marshall moved that this meeting be adjourned to Monday, May 6, 1985
at 8 P.M. in Cary Memorial Hall. This motion was adopted by voice vote.
10:48 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
ADJOURNED SESSION OF THE 1985 ANNUAL TOWN M EETING_ 4194"
HELD MAY 6, 1985
The Moderator, Lincoln P. Cole, Jr., called the meeting to order at 8 P.M. in
Cary Memorial Hall.
There were 182 Town Meeting Members present.
The invocation was offered by Rev. Polly Laughland Guild of the Follen
Community Unitarian /Universalist Church. 8:01 P.M.
The Moderator called a formal recess at 8:01 P.M. to recognize Senator
Richard A. Kraus to make some presentations.
Senator Kraus said that this was his third year honoring the National
Merit Semi - finalists. This group of twenty -one students from Lexington High
School is the largest group out of all high schools in Massachusetts. A
citation was presented to each of the students present and a standing ovation
was given by the people in attendance. 8:08 P.M.
The meeting was re- convened at 8:09 P.M. by the Moderator.
Article 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
Paul W. Marshall said that the plan of events, as far as he understood,
would first be a motion to reconsider Article 18; if completed before
9 P.M., financial articles would be taken up and at 9 P.M. a motion
to reconsider Article 23 would be offered.
Mr. Marshall read the following memorandum to to the meeting:
"It is the understanding of the Board of Selectmen that Emerson
College will submit an offer to the current owners of Pine Meadows to
buy the golf course. We were first made aware of this possibility
on April 29, 1985. Subsequently the Chairman of the Board of Selectmen
met with the President of Emerson College and the Chairman of their Board
of Trustees. The following informatin was conveyed during this meeting.
(1) The Town believes that the Pine Meadows property is an in-
appropriate site for a college of this size for many reasons.
(2) The Town of Lexington is able to match any bona fide offer
submitted for this land and believes it has the 1e_ right
under Chapter 61B to do so.
(3) The Town is prepared to vigorously defend its rights to
purchase this land in court.
(4) The Town believes that the final result of any offer made by
Emerson will merely increase the cost to Lexington and will
not result in Emerson College obtaining the site. In additon,
both the Town and Emerson College will incur significant legal
costs in this process.
It is our intention to submit a motion to authorize the purchase of
Pine Meadows under Article 51 to the Town Meeting for consideration
on Wednesday. We also intend to continue to seek a finalized Purchase
and Sale Agreement with the owners along the lines of our existing
agreement.
We believe it is unfortunate that Emerson College has chosen
to take this action. We encourage them to reconsider."
Mr. Marshall said that he and Robert Catal.do had met with the
President of Emerson College and the Chairman of the their Board of
Trustees. 8:13 P.M.
49 (ADJOVRNMD' IESSION OF THE 1985 ANNUAL TOWN MEETING = MAY 6, 1985
James M. McLaughlin moved reconsideration of Article 18 and asked that Nicholas
A. Cannalonga be recognized. 8:15 P.M. (See Pages 434 & 435)
Mr. Cannalonga listed the latest revisions in the Kite's End Professional.
Building as follows:
1. A reduction in the size of the proposed building from 15,800 sq. ft. to
13,800 sq. ft. (2,000 sq. ft. 13% reduction).
2. Decrease in the number of employees from 51 to 44.
3. Increase in parking spaces from 53 to 58, 5.1 parking spaces per 1000' -
usual requirement approximately 3.7.
4. Installation of a 4' stockade fence running 200' along rear lot line to
prevent auto headlights from shining thru landscape screening.
Mr. Cannalonga said that he had 109 names signed to a petition urging Town
Meeting to approve Article 18. 8:18 P.M.
Robert I. Rotberg spoke in opposition to reconsideration of Article 18 and
said that he would vote against the main motion under Article 18 if it was
reconsidered. 8:18 P.M.
Jacqueline B. Davison supported reconsideration and she added that she wished
to have the opportunity to change her vote of March 27, 1985. 8:20 P.M.
Caleb Warner submitted a petition signed by residents in the area opposing
reconsideration of Article 18, already defeated at an earlier session of the
1985 Town Meeting, and opposing Article 18 itself if it should again come before
the 1985 Lexington Town Meeting. Mr. Warner and Daniel L. Sharp of 352 Concord
Avenue spoke in opposition. 8:28 P.M.
Also speaking in opposition was H. Adam Sonnenschein of 1 Barberry Road.
8:32 P.M.
Francis W. K. Smith, Town Meeting Member, and George W. Forten, 388 Concord
Avenue, spoke in favor of reconsideration and rezoning. 8:35 P.M.
Mr. McLaughlin's motion to reconsider Article 18 was declared adopted by
voice vote. 8:35 P.M.
The Moderator stated that the motion made under Article 18 at the March
27, 1985 session of the 1985 Annual Town Meeting was now before the meeting.
8:35 P.M.
Article 18. (See Pages 434 & 435) AMEND ZONING BY -LAW
WALTHAM STREET, CN, RO To CD
(Motion under Article 18 as presented at the March 27, 1985 session
of the 1985 Annual Town Meeting as follows: (See Pages 434 & 435)
MOTION: That the Town vote to amend the Zoning By -Law by changing
(See the district designation from CN (Neighborhood Business) and RO (One
Page Family Residential) to CD (Controlled Commercial and Industrial
494 District) of the land located at the southeast corner of Concord Avenue
for and Waltham Street shown on a plan entitled "Plan of Land, District, in
adopted Lexington, Mass., scale: 1" = 40', dated December 21, 1984, by: Miller
motion.) & Nylander Co., 114 Waltham Street, Lexington, Mass." being more
particularly bounded and described as follows:
WESTERLY by Waltham Street, one hundred ninety -five and
33/100 (195.33) feet;
NORTHERLY by a curved line forming the intersection of
Waltham Street and Concord Avenue, one hundred
twelve and 72/100 (112.72) feet;
NORTHEASTERLY by Concord Avenue, one hundred sixty -eight and
54/100 (168.54) feet;
s
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 6, 1985 r��`*
Article 18. (Motion under Article 18 as presented at the March 27, 1985 session
(Cont.) of the 1985 Annual Town Meeting as follows: (Cont.)
SOUTHEASTERLY, EASTERLY AND SOUTHEASTERLY again by land now or
formerly of Coburn Real Estate Trust as shown on
said plan by three courses measuring one hundred
eleven and 25/100 (111.25) feet, eighty -one and
76/100 (81.76) feet, and sixty -five and 23/100
(65.23) feet respectively; and
SOUTHWESTERLY by land now or formerly of Alice E. McDevitt as
shown on said plan one hundred eighty -four and 12/100
(184.12) feet.
Containing 55,357 square feet of land more or less; all in accord-
ance with a preliminary Site Development and Use Plan entitled "Site
Development Report for Land at 922 Waltham Street, Article 18, 1985
Annual Town Meeting, March 25, 1985 ".)
Mr. Cannalonga again listed the latest revisions in the Kite's
Professional Building (see page 492) and added that if this article
is defeated, the land will still be zoned for business. He showed
slides of the traffic generated by different scenarios, dimensional
standards etc. 8:50 P.M.
Planning Board Member, Karsten Sorensen spoke against the article.
He felt that there is no need for office space in the town. He is
concerned about the impact on the neighbors. This proposal is not
supplying a need and it is not acceptable to the neighbors.
8:55 P.M.
Judith J. Uhrig, speaking for the four other members of the Planning
Board, voiced their support. She said that the proposal has been
well done and it will be an improvement over the present situation;
this will be for small office space and the town should encourage
small office spaces for other parts of town. She urged support.
8:56 P.M.
Robert I. Rotberg, speaking in opposition, said that he was concerned
about the future of Waltham Street and added that the neighborhood
clearly does not want this proposal. Mr. Warner's petition had
122 names in opposition. 8:58 P.M.
James E. Barry, also speaking in opposition, asked "Do we need another
professional building ?" 9:02 P.M.
Speaking in support: Ephraim Weiss and Dan H. Fenn, Jr. 9:08 P.M.
John F. McLaughlin said that the Board of Selectmen unanimously
support Article 18. He added that he feels that this proposal
stabilizes the area. 9:15 P.M.
Paul Hamburger said that he had voted against this article on
March 27, 1985 but feels now that this is a reasonable proposal.
9:16 P.M.
Ruth S. Thomas was concerned with the fourth corner at this inter-
section. If this proposal is adopted this year, in a couple of
years what is to prevent the owner of the fourth corner from
coming to town meeting requesting a zoning change. 9:20 P.M.
Judith J. Uhrig said that this is a CD rezoning and that the Planning
Board recommendation was based on this proposal only and not on the
fourth corner. 9:22 P.M.
Frank Sandy questioned the filing of a new Site Development Plan
with the Town Clerk and, if same had been filed, there should be an
amendment to Article 18. 9:25.
The above filing had been made on May 3, 1985 with the Town Clerk.
The Moderator called a recess at 9:39 P.M. and reconvened the
meeting at 9:35 P.M.
.
494 (ADJOUR OF THE 1985 ANNUAL TOWN MrFTTNG - MAY 6, 1985)
Article 18. James M. McLaughlin moved that the motion be amended by adding at the
(Cont.) end of the last sentence after the words "March 25, 1985" the words
"as amended to and including April 1, 1985, and filed with the Town
Clerk on May 3, 1985
Amendment adopted by voice vote. 9:37 P.M.
Main motion as presented on March 27, 1985 by James M. McLaughlin, and
amended by Mr. McLaughlin this evening, now reads:
(As MOTION: That the Town vote to amend the Zoning By -Law by changing
adopted) the district designation from CN (Neighborhood Business) and RO (One
Family Residential) to CD (Controlled Commercial and Industrial
(Approved Districts) of the land located at the southeast corner of Concord
by Atty. Avenue and Waltham Street shown on a plan entitled "Plan of Land,
General., District, in Lexington, Mass., scale: 1" = 40', dated December 21,
Aug. 19, 1984, by: Miller & Nylander Co., 114 Waltham Street, Lexington,
1985. Mass." being more particularly bounded and described as follows:
Posted in
Town WESTERLY by Waltham Street, one hundred ninety -five and
Office 33/100 (195.33) feet;
Building
& nine NORTHERLY by a curved line forming the intersection of Waltham
precincts Street and Concord Avenue, one hundred twelve and
on Sept. 72/100 (112.72) feet;
12, 1985)
NORTHEASTERLY by Concord Avenue, one hundred sixty -eight and 54/100
(168.54) feet;
SOUTHEASTERLY, EASTERLY AND SOUTHEASTERLY again by land now or
formerly of Coburn Real Estate Trust as shown on said
plan by three courses measuring one hundred eleven and
25/100 (111.25) feet, eighty -one and 76/100 (81.76)
feet, and sixty -five and 23/100 (65.23) feet respec-
tively; and
SOUTHWESTERLY by land now or formerly of Alice E. McDevitt as shown
on said plan one hundred eighty -four and 12/100
(184.12) feet.
Containing 55,357 square feet of land more or less; all in accord-
ance with a preliminary Site Development and Use Plan entitled "Site
Development Report for Land at 922 Waltham Street, Article 18, 1985
Annual Town Meeting, March 25, 1985 as amended to and including April
1, 1985, and filed with the Town Clerk on May 3, 1985.
The Moderator called for a standing vote on the main motion as amended
with results as follows:
Precinct In Favor Tellers Opposed
1 18 John W. Maloney 2
2 11 Christina J. Welch 2
3 12 Marian C. Reilly 7
4 12 Katherine G. Pricker 2
5 13 Diran M. Semonian 5
6 13 Elizabeth C. Haines 3
7 12 Graydon M. Wheaton 3
8 13 Florence E. Connor 4
9 12 Deborah B. Green 5
At Large 23 John R. Campbell 1
Totals 1.39 34
More than the required two - thirds having voted in favor, the main
motion as amended was declared adopted. 9:40 P.M.
(At the March 27, 1985 session of the 1985 Annual Town Meeting,
Judith J. Uhrig moved that the Report of the Planning Board on
Article 18 be accepted and placed on file. This motion was
adopted unanimously. 10:05 P.M. -- See Page 435.)
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 6, 1985) 9:1)
Paul W. Marshall moved reconsideration of Article 23. 9:40 P.M.
Mr. Marshall urged passage of the motion to reconsider Article 23. He said
there were changes but that he would not go into them until after the motion to
reconsider was adopted. 9:42 P.M.
Motion to reconsider Article 23 was declared adopted by voice vote.
(See Pages 460 - 467)
Article 23. FRANKLIN SCHOOL
Motion under Article 23 as presented by the April 10, 1985 session
of the 1985 Annual Town Meeting as follows: (See Page 460)
(As MOTION: That the Selectmen be and they hereby are authorized to
adopted) convey the Franklin School property on Stedman Road, consisting
of the building and land immediately adjoining, but not including
the recreation area, to Greater Boston Community Development Inc.
for the purchase price of $390,000 and on such other terms as the
Selectmen shall determine.
Mr. Paul W. Marshall asked that the following from Greater Boston
Community Development, Inc. be recognized. 9:47 P.M.
Patrick Clancy, Executive Director, gave an overview of GBCD and
some of the changes. He said that GBCD was a non - profit development
corporation serving the public with low and affordable housing. He
summarized their record of 300 units that had been built since 1967.
9:55 P.M.
Lisa Alberghini, Housing Development Specialist, spoke in regards
to the resident selection. She said that the town would take over
ownership control after the development is completed. From year
seven, ownership will be locally controlled. GBCD has met with
representatives of the Lexington Housing Authority to confirm its
commitment to rent the ten low- income units through the Housing
Authority. GBCD has agreed that the Housing Authority will identify
applicants from its waiting list for the low- income units, both at
initial rent up and as any vacancies occur in those units.
10 P.M.
Richard J. Cerrato, 34 Allen Street, a 15 year Lexington resident,
said that he is not opposed to affordable housing and would support
the proposal if the town had ownership and had complete control.
He urged defeat of the article. 10:02 P.M.
Graydon M. Wheaton asked what "ownership control" meant.
10:05 P.M.
Paul W. Marshall explained that ownership will be in a general
partnership which will be a corporation with a Board of Directors.
After year seven, the Board of Selectmen will appoint three
directors of the corporation. Control will be in Lexington hands
and the town will be in total control. 10:06 P.M.
Richard A. Michelson said that he had voted against the article
because of the financial aspect. He hoped that the town would have
control or ownership of this property. 10:10 P.M.
Philip K. Cooper, 12 Scott Road, spoke in opposition. 10:13 P.M.
Joy C. Buchfirer asked that the vote on Article 23, when taken, be
taken by a roll call vote. More than the required fifty members
stood in favor, so the Moderator declared that the vote on Article
23 would be taken by the call of the roll. 10:15 P.M.
Pastor of the Assemblies of God, Rev. Harvey Meppelink of 5 Patterson
Road, the present tenant of the Franklin School, reaffirmed his offer
of $750,000 for the school and said that he would be willing to raise
the offer. He asked that the meeting vote no on this article.
10:22 P.M.
4-96 (ADJOURNE) SESSION OF THE 1 ANNUAL TOWN MEETING - MAY 6, 1985)
Article 23. Sandra J. Shaw spoke in support of the article and praised GBCD, saying
(Cont.) that they are noted for their ability to work with various communities.
10:25 P.M.
Also speaking in favor was Walter N. Leutz. 10:28 P.M.
Speaking in opposition: Robert C. Whyte, 11 Allen Street; June D.
Hatfield, 101 Blossomcrest Road; Patricia A. Swanson who said that
the town should retain ownership and should not sell another town
building. 10:40 P.M.
Peter. C. J. Kelley apologized for having voted against the Franklin
School conveyance at the last meeting, but he said that, in good
conscience, he couldn't have done anything different. He said that
he was very much in favor of affordable housing, which must be
understandable as he and Richard F. Perry are asking for a zoning
change for affordable rental housing under Article 21. He also said
that he would like LEXHAB to be more involved. 10:42 P.M.
Louise Elving, Director of Development for GBCD, answered many of
the questions that had been raised. She said that the real estate
taxes would be approximately $50,000 per year and, if the taxes were
less, the rents would be reduced accordingly. 10:55 P.M.
Richard Neumeier, 2 Pitcairn Place, voiced his concern about what the
town was going to get and how much it was going to cost. He felt that
what the town was giving up was very substantial and added that this
was not a good proposal and should be rejected. 10:56 P.M.
Marshall J. Derby, urging support, said that you make a deal when you
can. Who knows what next year will bring. 10:58 P.M.
Albert P. Zabin said that if the land was sold to the church, it would
be tax exempt and he also said that he was not sure that local control
was the best idea. 11:03 P.M.
Jean Gaudet, speaking as a Town Meeting Member and a neighbor, not as
a member of LEXHAB, urged defeat of this article. She said there
should be continued ownership and complete control by the town.
11:06 P.M.
Eleanor H. Klauminzer said that two of the obstacles of affordable
housing in Lexington are location and lack of funds. She felt that
the Franklin School location was a good one and that the revised
proposal was very good, adding that the time to act is now and urged
support. 11:13 P.M.
Michael J. O'Sullivan, Chairman of the Appropriation Committee, said
that the Appropriation Committee had no official recommendation on
this article as no money was to be appropriated but they do feel that
this article is unfavorable to the town. He said that a vote against
Article 23 should not be construed as a vote against affordable
housing. 11:15 P.M.
Dan H. Fenn, Jr. said that he thought that GBCD was responsive to the
concerns of the tenants. 11:18 P.M.
James E. Barry moved the previous question. 11:18 P.M.
Margaret F. Rawls raised a point of order. She asked if the revised
proposal had been filed with the Town Clerk. Lisa Alberghini of
GBCD said that it had not but that it would be filed at this time.
11:20 P.M.
Lisa Alberghini of GBCD filed "Modifications to the Sale Development
& Use Plan for Franklin School" with the Town Clerk. 11:22 P.M.
Previous question, as moved by James E. Barry, was declared adopted
by voice vote. 11:23 P.M.
Paul W. Marshall said that there is a need for low and moderate
housing in this town and that they will hold GBCD to their commit-
ment. 11:25 P.M.
(ADJOURNED SESSION OF THE 1985 ANNUAL 'TOWN MEETING — MAY 6, 1 585)
Article 23. The roll call vote on the main motion as presented by Paul W.
(Cont.) Marshall at the April 10, 1985 session of the 1985 Annual Town
Meeting was taken by the Town Clerk, Mary R. McDonough, starting at
11:25 P.M. and completed at 11:36 P.M. The final tally was completed
at 11:40 P.M. with the following results:
(Final result announced by the Moderator at 11:40 P.M.)
ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 23
PRECINCT ONE YES NO AB STAINED ABSENT
Joel A. Adler x
Nancy M. Adler x
James E. Barry x
Lois J. Barry x
Nancy L. Barter x
Sheila Busa - Tassone x
James Cataldo x
James A. Cataldo x
Chang,Chih Chao x
David F. Eagle x
Nancy C. Gordon x
Frederick 1I. Hagedorn x
Patricia K. Hagedorn x
Paul Levy x
Ronald Levy x
John W. Maloney x
Barry E. Sampson x
Edward P. Shannon x
James S. Wilson x
Albert P. Zabin x
Judith L. Zabin x
TOTALS 8 13 0 0
PREC INCT TWO
Elizabeth H. Clarke x
Eric T. Clarke x
Karen Dooks x
Leonora K. Feeney x
Casimir R. Groblewski x
Marita B. Hartshorn 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
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 12 8 0 1
PRECINCT THR
Phyllis Aaronson x
Donald H. Briggs, Jr. x
Joy C. Buchfirer x
John P. Carroll x
Jacqueline B. Davison x
Suanne C. Dillman x
Jean Caudet x
Erna S. Greene x
498, (ADJO1 SESSION OF THE 1985 ANNUAL TOWN MEETING MAY 6, 1985)
Article 23. ROLL CALL VOTE ON MAIN MOTION UNDER_ ARTICLE 23 (CONT.)
(Cont.)
PRECINCT THREE (Cont.) YES NO ABSTA ABSENT
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 1. Rotberg x
Francis W. K. Smith x
Jacquelyn R. Smith x
Richard W. Souza x
Katherine M. Whyte x
TOTALS 13 7 0 1
PRECINCT FO
Gerald L. Abegg x
Nyles Nathan Barnert x
Julian J. Bussgang x
Stephen B. Cripps x
Dan H. Fenn, Jr. x
Angela E. Frick x
Frederick C. Frick x
Katherine G. Fricker x
Donald R. Giller 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
Sandra J. Shaw x
Karsten Sorensen x
Ruth S. Thomas x
Judith J. Uhrig x
Martin K. White x
TOTALS 19 1 0 1
PRECINCT FIVE
Florence A. Baturin x
Cynthia L. Blumsack x
Howard Cravis x
Wallace Cupp x
Marshall J. Derby x
Guy W. Doran x
Jonathan P. Doran x
Elaine Dratch x
William F. Fraser x
Paul E. Hamburger x
John Hayward x
Leona W. Martin x
Stephen W. Miller x
Paul Newman x
Doran M. Semonian x
Sam Silverman x
Edgar R. Stuhr x
Patricia A. Swanson x
Julie F. Triessl x
Ephraim Weiss x
David G. Williams x
TOTALS 14 7 0 0
(ADJOURNED SESSION OF THE 1985 ANNUAL T OWN MEETING - MAY 6, 1985) 4
Article 23. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 23 (Cont.)
(Cont.)
PRECINCT SIX YES NO ABSTA ABSENT
Margaret N. Brooke x
Levi G. Burnell x
Shepard Anthony Clough x
George E. Foote x
Thomas E. Fortmann x
Edmund C. Grant x
Elizabeth C. Haines x
Florence Koplow x
Alan J. Lazarus x
Judith B. Marshall x
Joyce A. Miller 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 16 2 0 3
PRECIN SEVEN
Esther S. Arlan x
Elizabeth M. Barabush x
George A. Burnell x
John R. Campbell x
Sally T. Castleman x
Renee T. Cochin x
Winifred L. L. Friedman x
Lloyd Gilson x
Clarice B. Gordon x
Marvin H. Greenberg x
Marthur H. Kalil x
Walter N. Leutz 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
Robert V. Whitman x
Richard B. Wolk x
Martha C. Wood x
TOTALS 12 5 0 4
PREC EIGHT
Donald L. Bailey x
Richard H. Battin x
Roger F. Borghesani x
Florence E. Connor x
William P. Fitzgerald x
Elizabeth G. Flemings x
Suzanne S. Frank x
Ione D. Caring x
Benjamin H. Golini x
William E. Maloney, Jr. x
A. Patricia McCabe x
James M. McLaughlin x
Richard A. Michelson x
Laura F. Nichols x
Gordon R. Osgood x
500 (ADJOURM SESSION Or T11V t985 ANNUAL TOWN MMINC MAY 6, 1985)
Article 23. ROLL CALL VOTE ON MAIN MOTION UNDER ART ICLE 23 (Cont.)
(Cont.)
PRECINCT EIGHT (Cont.) YES NO ABST AINED ABSENT
Susan G. Plumb x
Jack Sarmanian x
Sheldon A. Spector x
Carolyn H. Tiffany x
Stanley E. Toye x
Christopher B. Williams x
TOTALS 12 7 0 2
PRECINCT NINE,
Alice J. Adler x
Kenneth 0. 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
Janet Perry x
Richard M. Perry x
Susan J. Ricci x
Fred D. Rosenberg
James J. Scanlon x
TOTALS 12 6 0 3
TO WN MEETING MEMBERS AT LA RGE
Margery M. Battin x
Norman P. Cohen x
Lincoln P. Cole, Jr. x
William J. Dailey, Jr. x
Stephen W. Doran x
John C. Eddison x
Paul W. Marshall x
Mary R. McDonough x
John F. McLaughlin x
TOTALS 4 3 1 1
TOTAL TALLY OF RO LL CALL VOTE
PRECINCT YES NO ABSTAINED ABSENT TOTALS
1 8 13 0 0 21
2 12 8 0 1 21
3 13 7 0 1 21
4 19 1 0 1 21
5 14 7 0 0 21
6 16 2 0 3 21
7 12 5 0 4 21
8 12 7 0 2 21
9 12 6 0 3 21
At Large 4 3 1 1 9
TOTALS 122 59 1 16 198
As more than the required two - thirds voted in favor, the Moderator
declared that the main motion under Article 23 was adopted.
11:40 P.M.
(ADJOURNED SESSION OF THE 1985 ANNUA TOWN MEETING -- MAY 6, 1 985)
Paul W. Marshall moved that this meeting be adjourned to Wednesday,
May 8, 1985 at 8 P.M. in Cary Memorial Hall.
11:40 P.M.
Peter C. J. Kelley informed the meeting that on Monday, May 13, 1985,
he would move to take Article 21 (Amend Zoning By -Law Woburn Street, RO to RD)
from the table. 11:40 P.M.
Motion to adjourn this session of the 1985 Annual Town Meeting to Wednesday,
May 8, 1985 at 8 P.M. in Cary Memorial Hall was declared adopted at 11:40 P.M.
A true copy.
Attest:
°� �• fie; G
Mary R. McDonough, Town Clerk
02'-
ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING
HELD MAY 8, 1985
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 P.M.
in Cary Memorial Hall.
There were 177 Town Meeting Members present.
Invocation was offered by Rev. Helen Lutton Cohen, First Parish Church, Unitarian.
8:02 P.M.
The Moderator called a formal recess to honor a high school student who was
not present at the Patriots Day festivities to receive an award. 8:05 P.M.
William J. Dailey, Jr., Selectman, presented the 1985 Youth Recognition Award
to Rachel Cohen, an honor student at the Lexington High School. Miss Cohen is on
the Debating Team and in the Lexington High School Band. One of her sponsors
said that she adds quality to the lives of others. Mr. Dailey said that the
other two award winners, who had received their awards on Patriots Day, were
Chris Vellis and Kristin O'Sullivan. 8:07 P.M.
The award ceremony was preceded by the "Spirit of '76" (Kevin McLaughlin,
Drummer; Peter Cohen, Drummer; Kristin Kean, Fifer) marching through the hall.
The meeting was reconvened at 8:09 P.M.
Ephraim Weiss moved reconsideration of Article 6. 8:09 P.M.
Dan H. Fenn, Jr. spoke in opposition to reconsideration of Article 6 and said
that he hoped that Mr. Weiss would withdraw his motion. 8 :12 P.M.
Ephraim Weiss asked that his serving of notice to reconsider Article 6 (at the
March 25th session of this meeting - see pages 421 & 422) be considered as with-
drawn, and as there were no objections from the meeting, it is withdrawn.
8:13 P.M.
Karsten Sorensen moved that Article 17 be taken up at this time. 8:13 P.M.
Adopted by voice vote. 8:13 P.M. (See Pages 434 & 459)
Article 17. AMEND ZONING BY -LAW
TABLE 1 - HEALTH HAZARDS
Karsten Sorensen moved that this article be indefinitely postponed.
Adopted by voice vote. 8:14 P.M.
Article 2. REPORTS OF TOWN BOARDS,
OFFICERS, COMMITTEES
Paul W. Marshall, Chairman of the Board of Selectmen, gave the game
plan for the evening. The first article to be taken up would be
Article 51. After that would be Articles 53, 54 and then on to the
rest of the financial articles. That would leave Articles 59, 21 and
8 for next Monday. 8:16 P.M.
Article 51. * CONSERVATION LAND PURCHASE
MOTION: (a) That the Conservation Commission be authorized to
(As purchase or otherwise acquire, and the Selectmen be authorized to
adopted) take by eminent domain, upon the written request of the Conserva-
(See tion Commission, for conservation purposes including outdoor
adopted recreation as provided by Section 8C of Chapter 40 of the General
subst. Laws, as amended, any fee, easement or conservation restriction as
motion - defined in. Section 31 of Chapter 184 of the General Laws, or other
Page interest in all or any part of land shown as Lot 68 on Assessors'
531) Property Map 66;
(*Presented by Paul W. Marshall)
(ADJOURNE SESSION OF THE 1985 ANNUAL TOWN ME ETING - MAY 8, 1985) 503
Article 51. (b) That the Selectmen be authorized to purchase, take by eminent
(Cont.) domain or otherwise acquire for golf course, recreation, conservation,
and other municipal purposes, any fee, easement or other interest
in all or any part of land shown as Lots 63 and 64 on Assessors'
Property Map 66;
(c) That $2,855,000 be appropriated for such land acquisition and
that to raise such amount the Treasurer with the approval of the
(As Selectmen be authorized to borrow $2,855,000 under G.L. c. 44,
adopted s.7(3), as amended;
May
5ee' 85 (d) That the Selectmen be authorized to apply "for, accept, expend and
amended borrow in anticipation of federal and state aid that may be available
motion for the project;
May 29,
1985. (e) That the care, custody, management and control of the
See Meagherville school site, so- called, be transferred from the School
Page Department to the Selectmen effective July 1, 1985; and
531.)
(f) That the Selectmen be and they hereby are authorized to convey
by sale or lease or otherwise a portion of the land, not exceeding
twenty -five acres, contiguous to the land acquired hereunder for
golf course purposes, including the Meagherville school site, so-
called, to a developer or developers for housing or recreation
purposes for a price of not less than $1,500,000 and on such terms
as the Selectmen shall determine, provided that the amount of
borrowing hereunder shall be reduced by the proceeds actually
received from the sale or lease of such land.
8:18 P.M.
Moderator, Lincoln P. Cole, Jr. said that he would not preside,
speak, or vote on Article 51 because of a possible conflict of
interest. He appointed Norman P. Cohen, Town Counsel to act as
Moderator in his place. 8:19 P.M.
Arthur C. Smith served notice of reconsideration of Article 17. 8:20 P.M.
Article 51. Paul W. Marshall showed slides and described the area in question.
(Cont.) One of the slides showed the
Land Purchase $2,825,000
Design Consultant 3 0,000
Total $2,855,000
Mr. Marshall summarized events that had brought us to this point
tonight. 8:32 P.M.
Selectman John C. Eddison discussed the financing and listed the
following alternatives for financing:
1. Use of Debt
2. Sale of land
a. under existing zoning
b under a rezoning
3. State or Federal reimbursement
4. Operation as a golf course
Mr. Eddison said that if the decision is to finance by bonding,,.wh,ich
they are not committed to at this time, it would probably be for
ten years. Bonding $1,000,000 for ten years, based on an estimated
interest rate of 8.5 %, would cost approximately $1,467,500.
He gave a sequence of future events: This town meeting to authorize -
a. purchase and agreement price; b. bond entire amount; c. Selectmen
to sell some portion of school site and some portion of non -golf
course land. If article is passed at town meeting: a. borrow short
term (1 year) to pay owners; b. establish development committee and
retain design consultant; c. establish golf course lease committee.
A special town meeting would be called for the fall to consider two
development options, one requiring rezoning. Design consultant to
present information illustrating design alternatives. The Selectmen
would seek a development consistent with town meeting choice and the
land sale would be completed by June 30, 1986. The total long term
debt would be $1 to 1.5 million. 8:46 P.M.
(ADJOURNED SESSIO O FT14Y�1955'ANNUAL*TONN MN
504 ETTNG = MAY $,'1
Article 51. Michael J. O'Sullivan, Chairman of the Appropriation Committee, moved
(Cont.) that the following report be accepted and placed on file:
"The Appropriation Committee unanimously recommends favorable action
on the purchase of the Pine Meadows golf course and that the Selectmen be
authorized to borrow the said purchase price. In addition, we approve
the authorization for the Selectmen to sell a portion of the lands
mentioned in this article, provided that the amount of borrowing
shall be reduced by the proceeds received from their sale.
The reason for this recommendation is fourfold:
1. There has been a hiatus over the past years of significant
conservation land purchases in the Town. We need not
reiterate that once land is developed - it cannot be un-
developed.
2. Land values in Lexington are escalating at a rate that diminish
the effectiveness of any dollar amount. It will only be
costlier in the outyears.
3. Interest rates in the bond market are presently favorable
and this window of opportunity should be seized utilizing
Lexington's excellent credit rating.
4. The arrangement whereby some land in the area is sold to
defray part of the cost of the short term bond for the entire,
larger area, is a classic example of fiscal responsibility.
This removes the fiscal tension between operating budgets
requests and debt service obligations in the outyears' budgets.
In conclusion, in light of recent events with Emerson College, we
urge the Selectmen to pursue a finalized Purchase and Sales Agree-
ment with the owners as they have reported to us tonight. We
further urge the Town to vigorously defend its rights to purchase
this land, even in court; and that the Appropriation Committee is
prepared to support this endeavor to the fullest measure necessary.
We hope that the officials of Emerson College are listening to this
message: that our Selectmen have the complete support of this fin-
ancial board. in this matter and urge the Town Meeting to do like-
wise.
LEXINGTON SHALL NOT BE DENIED THE USE OF ITS OWN LAND."
Adopted unanimously. 8:49 P.M.
Daniel L. McCabe, Chairman of the Capital Expenditures Committee,
said that his committee opposed the purchase of the golf course
at the 1984 Town Meeting due to the terms not being favorable for
the Lexington taxpayers. They whole hearedly support the purchase
of the course. They feel that a bond, within the 2'2 levy, is a
favorable way to pay for the remaining portion of the purchase
price. 8:50 P.M.
Paul Newman, Chairman of the School Committee voiced the unanimous
support of his committee on this article as did Jacquelyn R. Smith,
Chairman of the Planning Board, for her committee. 8:55 P.M.
John F. McLaughlin, who opposed this article last year, endorsed
the purchase this year and urged support. 8:57 P.M.
James E. Barry supported the Selectmen on this proposal after which
McLaughlin moved the previous question, which was declared adopted
by voice vote. 8:58 P.M.
As the voice vote on the main motion as presented by Mr. Marshall
was not unanimous, the Moderator asked for a standing vote with
the following results:
Precin In Favor Tellers Oppose
1 16 John W. Maloney 1
2 15 Christina J. Welch 0
3 13 Marian C. Reilly 0
4 14 Katherine G. Fricker 0
5 16 Diran M. Semonian 0
6 14 John S. Willson 0
7 14 Graydon. M. Wheaton 0
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING MAY 8, 1985) An
505
Article 51. Standing vote on main motion under Article 51. (Cont.)
Pr ecinct In Fav Tellers Opposed
8 17 Florence E. Connor 0
9 17 Deborah B. Green 0
At Large 24 John R. Campbell 0
Totals 160 1
More than the required two - thirds having voted in favor, the main
motion as presented by Paul W. Marshall was declared adopted. 9:02 P.M.
Paul W. Marshall served notice of reconsideration of Article 51. 9:03 P.M.
(See Page 531.)
Article 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
Judith B. Marshall, a member of the Recreation Committee, moved that
the report of the Recreation Committee be accepted and placed on file.
9:03 P.M.
(An excerpt from the report follows:
"....and, we have the completed report of the Lincoln field area
which was done by Haley and Aldrich, Incorporated on file both at
Gary Library and the Recreation Office. A summary of this report
is on the back table this evening. A full technical presentation
was given by Haley and Aldrich to the Recreation Committee, and I
would like to summarize their findings. Haley and Aldrich was
asked to address the following issues -
1. Design of improvements to playfields, parking areas, and roads
to accommodate continuing landfill settlements.
2. Design for combustible gas generated by the landfill.
3. Evaluation of possible contamination of surface soils by
hazardous materials.
In addition to assembling history of the site, 29 test pits and 6
test borings were done. Monitoring was done for groundwater and
combustible gas. Surface soil was tested for possible contamination.
The results of the tests showed that combustible gas does exist but
is not a problem for recreational use of the land, and the surface
soil is not contaminated by hazardous materials.
Two approaches for improving the area were considered - regrading
and /or surcharging. Haley and Aldrich recommended regrading. Based
on this report, the Recreation Committee is bringing to this Town
Meeting a request for funding the first phase of this project."
Adopted by voice vote. 9:06 P.M.
r
Carolyn C. Wilson, Chairman of the Recreation Committee, moved that
the following report be accepted and placed on file: 9:06 P.M.
"As chairman of the Recreation Committee, I would like to briefly
comment on Article 53 and Article 54.
This year, your Recreation Committee is bringing before you two
capital articles - the long standing request for lighted fields and
an equally long standing need to improve the Lincoln Street Recrea-
tional area. In our opinion, these proposals are of equal value to
Lexington recreation, and we have received strong support for b
from many citizens.
Therefore, we have chosen to present our articles without priorities -
feeling that it is only fair that Town Meeting be allowed to discuss
both articles without pre - determined choices. Town Meeting should
have the opportunity to reach its own decisions on these two very
important questions."
Adopted unanimously. 9:07 P.M.
® (ADJOURNED "SESSION "OF THE 1 985 ANNUAL TOWN MEETING - 8, 1985)
506
Article 52. TRANSFER OF TOWN OWNED LAND TO
CONSERVATION COMMISSION
(See Page 489)
Article 53. PURCHASE AND CONSTRUCTION OF LIGHTING
FOR CENTER X62 SOFTBALL FIELD
Presented by Sam V. Nablo.
(As MOTION: That the sum of $73,000 be appropriated to develop Phase I
adopted) of a ball field lighting program for the Center Playground as deter—
mined by the Recreation Committee with the approval of the Selectmen,
and that such amount be raised in the tax levy. 9:08 P.M.
Mr. Nablo gave a lengthy explantion of his motion with the aid of
slides. He said the cost of Phase I would be $72,760 and urged
support. 9:34 P.M.
Daniel L. McCabe, Chairman of the Capital Expenditures Committee, said
that his committee does not favor the lighting this year. They would
like to have it brought back next year and hopefully they would be
able to support the complete project at that time. He urged defeat
of this article. 9:35 P.M.
In answer to questions raised by Alan J. Lazarus, Mr.. Nablo said that
the curfew was 10 P.M. This would allow two softball games or one
normal baseball game in an evening. Over a six month period, the
field would be used for approximately 400 hours. 9:37 P.M.
Selectman William J. Dailey, Jr. said that a majority of the Board of
Selectmen do not favor this article as it would bring the figures over
the levy limit. 9:40 P.M.
Michael J. O'Sullivan moved that the report of the Appropriation
Committee be accepted and placed on file. He said that the committee
recommended unfavorable action on both Articles 53 and 54.
Motion to accept and place on file adopted unanimously. 9:43 P.M.
Gerald L. Abegg spoke in opposition and James E. Barry spoke in
favor. 9:46 P.M.
Moderator Lincoln P. Cole, Jr. stepped down. from the podium,
appointing Town Counsel, Norman P. Cohen as Temporary Moderator, and
he spoke in favor of the main motion. 9:47 P.M.
Sam V. Nablo, in response to a question raised by Renee T. Cochin,
said that the ball fields are used by a wide spectrum of this
community as well as teams from the various businesses. Joan
Halverson, Recreation Director, expanded on the list of users.
9:53 P.M.
Sheldon A. Spector asked how many of the groups had requested that the
lights be installed and Mr. Nablo answered that the Recreation
Committee did not put this article in the warrant on the basis of the
number of requests. 9:55 P.M.
Margaret N. Brooke, speaking for the spectators who enjoyed watching
the games, urged support. 9:58 P.M.
Paul E. Hamburger asked where we are now regarding the budget. Town
Manager, Robert M. Hutchinson, Jr. answered that 1.1 million is to
be taken from free cash. That is where we stand now and he does not
recommend adjusting free cash. 10 P.M.
.Tames M. McLaughlin spoke in favor and added that he wanted to
publicly thank the Rotary Club for donating the money to upgrade the
fields at the Minuteman Regional Vocational Technical School_.
10:03 P.M.
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING MAY 8, 1985)
507
Article 53. Mr. Hamburger wanted to know the impact of the one year bonding by
(Cont.) adopting Article 51. Mr. Hutchinson said that the tax rate that had
been estimated does include the short term borrowing for the golf
course and the Lincoln Street article but does not include the
lighting. 10:04 P.M.
Jack Sarmanian spoke in support and Alan J. Lazarus and John Hayward
spoke in opposition. 10:09 P.M.
Margaret F. Rawls said that she would like to be able to support
both articles (53 & 54) but would not like to jeopardize the
West and Chiesa conservation land. 10:10 P.M.
jMr. Nablo said that lighting techniques had improved over the last
few years. There is aimed lighting and there should not be any spill -
overs on the adjoining roads or properties. 10:12 P.M.
Angela E. Frick, a member of the Conservation Commission, said that
she hadn't intended to speak at this time but, as Mrs. Rawls had raised
the question regarding the conservation lands, she felt that the
meeting should be informed. The Selectmen have voted to hold a special
town meeting on Wednesday, May 29, 1985 for the purchase of the West
land on Oak Street and the Chiesa land on Adams Street. The town has
agreements with both the West family and Chiesa and she said the
question is how these purchases, which will be over $2,000,000, will
be financed. 10:19 P.M.
Paul W. Marshall confirmed the date of the special town meeting
and said that there would be three articles on the warrant - one for
committee reports and the other two for the conservation purchases.
He said that the Annual Town Meeting would not be dissolved until
after the May 29th meeting. 10:21 P.M.
Elaine Dratch asked if there would be any time reserved for the
young people who will not pay fees. Mr. Nablo said that they had
established priorities. School athletic programs would receive top
priority and a system would have to be worked out with the school
committee. Everyone using the facility would have to pay a fee.
10:28 P.M.
Leo P. McSweeney, a member of the Recreation Committe, spoke in favor
and added. that the recreation programs bring in between 80 and 90
thousand dollars per year. 10:32 P.M.
John W. Maloney moved the previous question which was declared
adopted by voice vote. 10:34 P.M.
Mr. Nablo summarized. 10:37 P.M.
Voice vote on the main motion was doubted by the Moderator, so a
standing vote was taken as follows:
Precinct In Favor Tellers Opposed
1 14 John W. Maloney 3
2 9 Christina J. Welch 6
3 7 Marian C. Reilly 3
4 5 Katherine G. Fricker 9
5 8 Diran M. Semonian 11
6 15 John S. Willson 0
7 4 Graydon M. Wheaton 12
8 9 Florence E. Connor 9
9 9 Deborah B. Green 9
At Large 6 John R. Campbell 19
Totals 86 81
Main motion, as presented by Sam V. Nablo, was declared adopted.
10:40 P.M.
Michael J. O'Sullivan served notice of reconsideration of Article 53.
10:40 P.M.
52b (ADJOURNED SESSION OF THE :1985 ANNUAL TOWN MEETING - MAY 8, 1985)
508
Article 54. DEVELOPMENT OF LINCOLN STREET
RECREATION AREA
Presented by Carolyn C. Wilson.
(As
adopted) MOTION: That the sum of $150,000 be appropriated to develop Phase I
of the Lincoln Street Recreation Area as determined by the Recreation
Committee with the approval of the Selectmen, and that such amount be
raised in the tax levy. 10:40 P.M.
Mrs. Wilson gave a short explanation of the article. 10 :46 P.M.
Paul Newman, Chairman of the School Committee, voiced the enthu-
siastic support of his committee as did Paul W. Marshall for the
Board of Selectmen. Mr. Marshall added that the Selectmen have
included this item in the financial figures for this year.
10:47 P.M.
Jacquelyn H. Ward voiced the support of the Capital Expenditures
Committee and Michael J. O'Sullivan said that the Appropriation
Committee recommended unfavorable action on this article, and, if
passed, he would serve notice of reconsideration. 10:48 P.M.
Graydon M. Wheaton asked how much money would we be asked for in
the future and Carolyn C. Wilson answered $400,000. 10:50 P.M.
Ephraim Weiss asked "What is the whole package ?" Mrs. Wilson
answered that the meeting is not being asked to appropriate the
whole package at this time as they have it on a six year plan -
$75,000 per field. 10:51 P.M.
James M. McLaughlin moved the previous question which was declared
adopted by voice vote. 10:52 P.M.
Main motion as presented by Carolyn C. Wilson was declared
adopted by voice vote. 10:52 P.M.
Michael J. O'Sullivan served notice of reconsideration of Article 54. 10:55 P.M.
Article 56. WESTVIEW CEMETERY DEVELOPMENT
Presented by Paul W. Marshall.
MOTION: That this article be indefinitely postponed.
Adopted by voice vote. 10:54 P.M.
Paul W. Marshall moved that this meeting be adjourned to Monday, May 13, 1985
at 8 P.M. in Cary Memorial Hall. 10:54 P.M.
Frank Sandy wondered if the notice of reconsideration of Article 51 would
affect the financing in the purchase and sale agreement that would be completed
the week of May 13, 1985 and Mr. Marshall said that it would not. Town Counsel,
Norman P. Cohen said that Mr. Marshall was correct as was Gerald L. Abegg who
said that everything was pending until the final dissolution of the meeting.
10:56 P.M.
Motion to adjourn to Monday, May 13, 1985 at 8 P.M. in Cary Memorial Hall was
declared adopted by voice vote. 10:56 P.M.
A true copy.
Attest:
ary R. McDonough, Town Clerk
ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING
HELD MAY 13, 1985
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at
8 P.M. in Cary Memorial Hall.
There were 183 Town Meeting Members present.
The invocation was offered by Dr. George Gurganus of the Lexington Church of
Christ. 8:02 P.M.
Article 2. REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
- - - -''' Carolyn C. Wilson, Chairman of the Recreation Committee, moved that
the following report be accepted and placed on file.
"On the back table tonight, you will find the Recreation Committee's
latest project - a gift catalogue. The Committee is always searching
for ways to improve our town's recreational programs and facilities.
Our dedicated Recreation Director, Joan Halverson, does an excellent
job but often lacks funds for new programs and equipment.
Other cities and towns have successfully used a gift catalogue
(or wish book) as a means to encourage donations from citizens and
businesses. Even without a catalogue, our town receives many gifts
for example, the bandstand, donated by the Rotary Club - sod for
the football field given by the Lions Club - playground equipment
anal. a new awning to provide shade at the wading pool, given by the
Pre - school PTA - and special needs scholarships provided by the
American Legion.
The most recent gift is a flagpole to be dedicated early in June
purchased with donations to a memorial fund in the memory of Denish
Rajbhandary.
To promote our catalogue, we are planning to have a fall recrea-
tion celebration or kick -off inviting the business community,
service organizations, PTA officers, athletic league officers,
interested citizens, and, of course, Town Meeting Members. At
that time, we will offer information on our programs and facilities,
announce any gifts received over the summer and make an appeal for
additional contributions."
Adopted unanimously. 8:04 P.M.
Jacquelyn R. Smith moved that the 1985 Report on: Subsidized Housing
(1979 Town Meeting Resolution) and Affordable Housing be accepted and
placed on file. 8:05 P.M.
Mrs. Smith gave a short explanation of the report and said that she
also filed "Socio- Economic Characteristics of Lexington - Volume 1:
HOUSING ". 8:07 P.M.
Motion to accept the report filed by Mrs. Smith adopted unanimously.
8:07 P.M.
Paul W. Marshall, Chairman of the Board of Selectmen, gave the game
plan as follows: first order of business would be a motion to take
Article 21 off the table and then act on the article; then there
would be a motion to reconsider Article 7; a motion to take Article
16 from the table; act on the financial articles (57, 58, 59, 60);
a motion to table Article 61 until after the Special Town Meeting of
May 29, 1985; hopes that Article 8 could be finished tonight or
Wednesday and then the meeting would adjourn to Wednesday, May 29, 1985.
8:09 P.M.
.V ( ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 13, 1985)
Peter C. J. Kelley moved that Article 21 be taken off the table. (See Page 459)
Adopted unanimously. 8:09 P.M.
Article 21. AMEND ZONING BY -LAW
WOBURN STREET, RO TO RD
(Notification received that Peter C. J. Kelley, Janet Perry, Richard F.
Perry and Richard M. Perry would abstain from voting on Article 21.)
Presented by Peter C. J. Kelley.
MOTION: That the Zoning By -Law be amended by changing the district
designation of land off Woburn Street from RO, One Family Dwelling
District, to RD, Planned Residential Development District, said land
being bounded and described as set forth in the article as published
in the warrant for this Town Meeting, in accordance with a preliminary
site development and use plan dated May 8, 1985 on file with the Town
Clerk. 8:10 P.M.
(Motion with description as set forth in the article as published
in the warrant for this Town Meeting:
MOTION: That the Zoning -s Sy -Law be amended by changing the district
designation of land off Woburn Street from RO, One Family Dwelling
District, to RD, Planned Residential Development District, said land
being bounded and described as follows:
(As
adopted) Parcel 1
That certain parcel of land situated in Lexington in the County of
(Approved Middlesex and said Commonwealth, bounded and described as follows:
by Atty.
General, NORTHERLY by the Southerly line of Woburn Street, two hundred
Aug. 19, twelve and 18/100 (212.18) feet;
1985. _.
Posted in EASTERLY four hundred seventy -six and 68/100 (476.68) feet;
Town
Office NORTHERLY two hundred and thirty -eight (238) feet, by Lot A3 as
Building shown on plan hereinafter mentioned;
& nine
precincts NORTHEASTERLY three hundred thirty -six and 75/100 (336.75) feet;
on Sept.
12, 1985.) SOUTHERLY one hundred sixty and 56 /100 (160.56) feet;
EASTERLY nine and 54/100 (9.54) feet; and
SOUTHERLY eight hundred thirteen and 53/100 (813.53) feet, by
land now or formerly of Winning Home Farm Inc.;
WESTERLY by land now or formerly of Howard M. Munroe, three
hundred eighty -eight and 48/100 (388.48) feet; and
NORTHERLY by land now or formerly of Elmina Munroe, three
hundred twenty -one and 32/100 (321.32) feet.
Said parcel is shown as Lot A4 on said plan, (Plan No. 13923G).
All of said boundaries are determined by the Court to be located as
shown on a subdivision plan, as approved by the Court, filed in the
Land Registration Office, a copy of which is filed in the Registry
of Deeds for the South Registry District of Middlesex County in Reg-
istration Book 439, Page 541, with Certificate 65871.
Parcel II
A certain strip of land on the Southerly side of Woburn Street in
Lexington, Massachusetts shown on Plan 13923A filed in the Land
Registration Office at the Land Court in Boston on December 11, 1929
and entitled "PLAN OF LAND IN LEXINGTON AND WOBURN" being further
bounded and described as follows:
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING MAY 1 3; 19$5)
Article 21. Commencing at a point on the Southerly side of said Woburn Street
(Cont.) which is located 1.63 feet west of a Massachusetts Highway Bound,
which Massachusetts Highway Bound is itself located Three hundred
Ninety -four and 18/100 (394.18) feet westerly from the intersection
of the Woburn - Lexington boundary line with the southerly side-
line of said Lexington Street, the line runs Westerly by the said
southerly sideline of Woburn Street, three hundred five (305)
(As feet more or less to the intersection of said Woburn Street with a
adopted) stone wall as shown on said plan; thence the line runs Southwesterly
by said stone wall as shown on said plan Ten (10) feet more or less
to a point; thence turning the line runs Southeasterly as shown on
said plan Eighteen (18) feet more or less; thence turning the line
runs North 27° 12" East as shown on said plan Fifty -eight and
52/100 (58.52) feet to a point; thence turning the line runs North
49° 55" and 05' East One hundred Twenty -eight and 10 /100 (128.10)
feet to a point; thence turning the line runs North 47 25" 10'
East as shown on said plan One Hundred Thirty -Four and 74/100
(134.74) feet to the point of beginning.
Said strip of land described above is shown on said plan as belonging
to "Elimina Munroe ",
in accordance with a preliminary site development and use plan dated
May 8, 1985 on file with the Town Clerk.)
Mr. Kelley gave a short explanation saying that the land on Woburn
Street was purchased last December 1984. He asked that Gary Larson
of Larson Associates be recognized. 8:14 P.M.
Gary Larson, of the landscape architectural firm of Larson Associates
presented the proposal and showed slides of the locus plan, neighbor-
hood map of the proposed site, soils analysis, topography analysis,
wetlands analysis, water shed analysis map, map of existing conditions,
etc. He spoke of the traffic concerns and said that these would be
townhouse rental units; the cul -de -sac would be 625' in length; wet-
lands are not being disturbed. He spoke of the architecture and
showed slides of similar types of housing and also showed an isometric
view of the area. 8:31 P.M.
Richard F. Perry said that 50% of the dwelling units in the develop-
ment will be provided, and maintained, as affordable dwelling units.
The projected rental units:
4 "B" units Proposed rent $575 -650 per month
16 "A" units it 11 $650 -750 " "
5 "C" units it it $750 -775 " "
He spoke of the tenant selection and qualification, income levels of
tenants and added that the development will be maintained as rental
housing. No change to another form of occupancy shall be permitted
except by an amendment to this preliminary site development and use
plan approved by a two - thirds vote of the Town Meeting.
8:37 P.M.
Mr. Perry announced to the meeting that he, Richard F. Perry, his
sister, Janet Perry, his father, Richard M. Perry and Peter C. J.
Kelley would abstain from voting on this article. 8:37 P.M.
Peter C. J. Kelley spoke of the natural screening for the development
and added that it was designed as a "Russell Square" but for low and
affordable housing. He said that it will be an asset to the neighbor-
hood and the town. 8:38 P.M.
(Plann. Jacquelyn R. Smith moved that the Planning Board Report on Article 21
Board be accepted and placed on file. 8:39 P.M.
Report)
Mrs. Smith said that a majority of the Planning Board recommended
approval of this article. She said that Board member, Stephen B.
Cripps abstained as he was a neighbor and friend of both Mr. Perry
and Mr. Kelley. She explained the RD zoning process: if article
adopted this evening, then the developers must apply to the Board of
Appeals for a special permit, must go before the Conservation Commis-
sion and the Planning Board. She added that the majority of the
Planning Board recommended approval because this is a very good plan.
8:45 P.M.
Motion to accept and file Planning Board Report was adopted unanimously.
8:46 P.M.
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETIN - MAY 13, 1985)
Article 21. John Darcy, Assistant City Solicitor of the City of Woburn, read the
(Cont.) following letter from the Mayor of Woburn:
"May 13, 1985
TO: LEXINGTON TOWN MEETING MEMBERS
RE: ARTICLE 21 - 1985 LEXINGTON TOWN MEETING AGENDA
A major portion of this property appears to be a sensitive
wetland resource area. Due to the nature of its soil and
vegetation it acts as an aquifer which purifies water flowing
into the public water supply for the City of Woburn.
In considering Article 21. for approval, I hope every effort
will be made in order to protect the quality of water flowing
into Horn Pond by maintaining this particular aquifer's in-
tegrity and purifying propensity.
Please note the flow of water documented on the U. S. Lexington -
Quaban Geological Map dated 1971.
Your serious consideration and assistance in protecting Woburn's
Water Supply will be greatly appreciated.
Sincerely,
/Signed/ John W. Rabbitt, Mayor"
8:50 P.M.
Gary Larson answered the concerns raised above. 8:50 P.M.
* ** John Vinton, representing the residents of the area, said that traffic
is the single most important issue and the project will change the
character of the neighborhood. He would like the Planning Board to
develop a master plan for the area and recommended that Article 21 be
defeated and if reconsidered, a more detailed study on traffic should
be supplied. 9:05 P.M.
Martin A. Gilman, having just moved into an apartment complex in
Lexington, felt that this is an excellent proposal,and said that he
was surprised at how little traffic was generated in his complex.
He urged support. 9:07 P.M.
John Meehan, President of the Countryside Neighborhood Association,
urged defeat of this article. 9:12 P.M.
Peter Kelley, in answer to a concern raised, said that they had
documented the legality of the filled area as being legally filled.
under State and Local permits in 1970. When confronted with the
suggestion that this area may contain unsuitable fill_ material
(blacktop) they went out, under the direction of the neighbors, to
dig test trenches. Both Lexington's Board of Health Director and
its Conservation Commissioner viewed the fill material and found no
reason for concern. 9:14 P.M.
Robert Gray, 509 Woburn Street, the largest abutter affected by
this zoning change said that there would be a serious traffic
problem and he spoke at length in opposition. 9:27 P.M.
John Hayward said .he. could not support this proposal although he
believes the town needs this type of housing. He said that this is
not like the Franklin School project. There is no building on the
site and this is wetland that will be privately owned. 9:35 P.M.
Rhona Cohen, Secretary of the Countryside Neighborhood Association,
spoke in opposition and filed a petition of Lexington residents
opposing this zoning change. 9 :38 P.M.
Paul W. Marshall said that the Board of Selectmen unanimously
supported this article. Speaking for himself, he said that this
shows diversity in housing and he is glad that Woburn is concerned
about its water. He added that this is not an industrial but a
residential proposal. 9:42 P.M.
* ** On May 17, 1985 at 10:20 A.M., John Vinton filed a petition. of concerned
citizens against Article 21 in the Town Clerk's Office.
, (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 13, 1985)
Article 21. Don Deily, 3 Marshall Road, also a member of the Countryside
(Cont.) Neighborhood Association, spoke in opposition and urged a "no" vote.
9:55 P.M.
James M. McLaughlin, Chairman of the Lexington Housing Authority,
said that the Housing Authority can fill any low income housing there
is and urged support. 9:57 P.M.
Eleanor H. Klauminzer voiced the support of a majority of the members
of the Planning Board's Housing Needs Advisory Committee.
10:02 P.M.
James E. Barry spoke in opposition. 10:05 P.M.
i
In answer to a question raised by Elaine Dratch, Paul W. Marshall
said that it was not true that we did not get anything out of
Potter Pond. He said that we got $700,000 which is being used to
get other low income homes. He added that no money had been
appropriated to buy the homes at Potter Pond and when $120,000 was
appropriated for this last year, the agreement was long out of date
and naturally the prices were higher. He said that as far as the
homes at Morrow Crossing were concerned, the same thing occurred but
there is a possibility that the town would get units on Bedford Street
from Mark Moore. 10:18 P.M.
Chang Chih Chao spoke in opposition. 10:13 P.M.
Peter Kelley said that the site and use plan is the most important
aspect of their presentation. They will stay precisely with the plan
they have - there will be no alterations. 10:18 P.M.
Norman P. Cohen, Town Counsel, responding to Elaine Dratch's concerns,
said that the Lexington Housing Authority had eighteen months after
a project was completed to buy the units but the town did not come up
with any money for Potter Pond or Morrow Crossing. He read the
following from the Preliminary Site Development and Use Plan for the
Countryside Manor Proposal: "The developer will execute one or more
recordable covenants, restrictions, agreements or grants running for
-' the benefit of the Town and containing restrictions, including rental
and income restrictions, binding on the developer and its successors
in interest in the property to enforce the agreements and obligations
of the developer to create and maintain the proposed development as
affordable rental housing in accordance with the Site Development and
Use Plan and with the terms and conditions of any Special Permit
issued to the developer, all in form and substance acceptable to the
Board of Selectmen and the Planning Board.
Any sale or transfer of rights or interests in. the development shall
include a condition that successors are bound to the terms and
conditions of this Site Development and Use Plan."
Mr. Cohen added that it was drawn as tightly as it could be.
10:22 P.M.
Jacquelyn R. Smith, responding to a remark that had been made, said
that the Planning Board would not approve any plan just to get afford-
able housing, whether it was good or not. She added that the Planning
Board cares very much for the neighborhood, in spite of what James E.
Barry said. 10:25 P.M.
Fred D. Rosenberg said that he generally supported this proposal as
it meets the needs of the site but he did want clarification of the
tenant selection qualifications. This was explained by Mr. Kelley.
10:30 P.M.
Albert P. Zabin said that he was not satisfied with the Planning
Board's report on this article. 10:37 P.M.
Katherine M. Whyte, speaking in favor of the proposal, said that,
when the vote was taken, she was requesting that it be taken by a
roll call vote. The Moderator asked for a standing vote on the
request for a roll call on Article 21 with the following results:
(see next page)
514 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 13, 1.985)
Article 21. Request for roll call vote:
(Cont.)
Precinct In Favor Tellers
1 11 John W. Maloney
2 4 Christina J. Welch
3 9 Marian C. Reilly
4 0 Katherine G. Fricker
5 1 Diran M. Semonian
6 6 Elizabeth C. Haines
7 2 Graydon M. Wheaton
8 6 Florence E. Connor
9 3 Deborah B. Green
At Large 14 John R. Campbell
Total 56
The Moderator stated that as more than the required fifty members
had risen, the vote on Article 21, when taken, will be by roll call.
10:41 P.M.
John W. Maloney said that as the owner of the Emerson Garden complex,
he was aware of the need for rental housing as there was a waiting
list of 2 2 ' years at Emerson. He urged support. 10:42 P.M.
Elizabeth H. Clarke moved the previous question which was declared
adopted by voice vote. 10:46 P.M.
The roll call vote on the main motion as presented by Peter C. J.
Kelley was taken by the Town Clerk, Mary R. McDonough, starting at
10:50 P.M. and completed at 11:01 P.M. The final tally was completed
at 11:04 P.M. with the following results:
(Final result announced by the Moderator at 11:05 P.M.)
ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 21
PRECINCT ONE YES NO ABSTAINED AB SENT
Joel A. Adler x
Nancy M. Adler x
James E. Barry x
Lois J. Barry x
Nancy L. Barter x
Sheila Busa - Tassone X
James Cataldo x
James A. Cataldo x
Chang Chih Chao x
David F. Eagle x
Nancy C. Gordon x
Frederick H. Hagedorn x
Patricia K. Hagedorn x
Paul Levy x
Ronald Levy x
John W. Maloney x
Barry E. Sampson X
Edward P. Shannon x
James S. Wilson x
Albert P. Zabin x
Judith L. Zabin x
TOTALS 5 13 0 3
PRECINCT TWO
Elizabeth H. Clarke x
Eric T. Clarke x
Karen Dooks X
Leonora K. Feeney x
Casimir R. Groblewski x
Marita B. Hartshorn x
Daniel A. Lucas x
Lillian T. MacArthur x
(ADJ SESSION OF THE 1985 ANNUAL TOWN MEETING M AY 13, 1985) 5 1 _ )
Article 21. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 21 (Cont.)
(Coat.)
PRECINCT TWO (Cont.) YES NO ABSTAINED ABSENT
Barry H. Marshall x
Michael J. O'Sullivan x
Elizabeth H. Pressman x
Vicky L. Schwartz 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 18 2 0 1
PRECINCT THREE
Phyllis Aaronson x
Donald H. Briggs, Jr. x
Joy C. Buchfirer x
John P. Carroll x
Jacqueline B. Davison x
Suanne C. Dillman 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
Katherine M. Whyte x
TOTALS 11 4 1 5
PRECINCT FOUR
Gerald L. Abegg x
Nyles Nathan Barnert x
Julian J. Bussgang x
Stephen B. Cripps x
Dan H. Fenn, Jr. x
Angela E. Frick x
Frederick C. Frick x
Katherine G. Fricker x
Donald R. Giller. 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
Sandra J. Shaw x
Karsten Sorensen x
Ruth S. Thomas x
Judith J. Uhrig x
Martin K. White x
TOTALS 15 4 2 0
6
(ADJO'URNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 13, 19 85)
Article 21. ROLL CALL VOTE ON MAIN MO UNDER ARTICLE 21 ( Cont.)
(Cont.)
PRECNCT FIVE YES NO ABSTAIN ABSENT
Florence A. Baturin. x
Cynthia L. Blumsack x
Howard. Cravis x
Wallace Cupp x
Marshall J. Derby x
Guy W. Doran x
Jonathan P. Doran x
Elaine Dratch x
William F. Fraser x
Paul E. Hamburger x
Jahn Hayward x
Leona W. Martin x
Stephen W. Miller x
Paul Newman x
Diran M. Semonian x
Sam Silverman x
Edgar R. Stuhr x
Patricia A. Swanosn x
Julie F. Triessl x
Ephraim Weiss x
David G. Williams x
TOTALS 10 10 0 1
PRE CINCT SIX
Margaret N. Brooke x
Levi G. Burnell x
Shepard Anthony Clough x
George E. Foote x
Thomas E. Fortmann x
Edmund C. Grant x
Elizabeth C. Haines x
Florence Koplow x
Alan J. Lazarus x
Judith B. Marshall x
Joyce A. Miller 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 16 3 0 2
PRE CINCT SEVEN
Esther S. Arlan x
Elizabeth M. Barabush x
George A. Burnell x
John R. Campbell x
Sally T. Castleman x
Renee T. Cochin x
Winifred L. L. Friedman x
Lloyd Gilson x
Clarice B. Gordon x
Marvin H. Greenberg x
Marthur H. Kalil x
Walter N. Lentz x
William J. Scouler x
John E. Taylor x
Jacquelyn H. Ward x
John E. Ward x
Graydon M. Wheaton x
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 13, 1985) r -)_ p-
Article 21. ROLL CALL VOTE ON M MOTION UNDER ARTICLE 21 (Cont.)
(Cont.)
P RECINCT SEVEN (Cont.) YES NO ABSTAINED ABSENT
Iris G. Wheaton x
Robert V. Whitman x
Richard B. Wolk x
Martha C. Wood x
TOTALS 15 5 0 1
PRECINCT EIGHT
Donald L. Bailey x
Richard H. Battin x
Roger F. Borghesani x
Florence E. Connor x
William P. Fitzgerald x
Elizabeth G. Flemings x
Suzanne S. Frank x
Ione D. Caring x
Benjamin H. Golini x
William E. Maloney, Jr. x
A. Patricia McCabe x
James M. McLaughlin x
Richard A. Michelson x
Laura F. Nichols x
Gordon R. Osgood x
Susan G. Plumb x
Jack Sarmanian x
Sheldon A. Spector x
Carolyn H. Tiffany x
Stanley E. Toye x
Christopher B. Williams x
TOTALS 15 4 0 2
PRECINCT NINE
Alice J. Adler x
Kenneth 0. 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
Janet Perry x
Richard M. Perry x
Susan J. Ricci x
Fred D. Rosenberg x
James J. Scanlon x
TOTALS 13 5 2 1
TOWN MEETING MEMBERS AT LARGE
Margery M. Battin x
Norman P. Cohen x
Lincoln P. Cole, Jr. x
William J. Dailey, Jr. x
Stephen W. Doran x
John C. Eddison x
t) I'S (ADJOURNED SESSION OF T HE 1985 ANNUAL TOWN MEETING - MAY 13, 1985)
Article 21. ROLL CALL VOTE ON MAIN MOTION UNDER ARTICLE 21 (Cont.)
(Cont.)
T OWN MEETING MEMBERS AT LARG (Cont. YES NO ABS TAINED ABSENT
Paul W. Marshall x
Mary R. McDonough x
John F. McLaughlin x
TOTALS 6 0 2 1
TOTAL TALLY OF ROLL CALL VOTE
PRECINCT YES NO ABSTAINED ABSENT TOTALS
1 5 13 0 3 21
2 18 2 0 1 21
3 11 4 1 5 21
4 15 4 2 0 21
5 10 10 0 1 21
6 16 3 0 2 21
7 15 5 0 1 21
8 15 4 0 2 21
9 13 5 2 1 21
At Large 6 _0 2 1 9
TOTALS 124 50 7 17 198
As more than the required two - thirds voted in favor, the Moderator
declared that the main motion under Article 21 was adopted.
11:05 P.M.
Daniel L. McCabe served notice of reconsideration of Article 21. 11:05 P.M.
Margery M. Battin moved reconsideration of Article 7. (See Page 422.)
11:05 P.M.
Mrs. Battin said that if reconsideration of Article 7 prevails, that she
would offer a substitute motion. 11:08 P.M.
Lloyd Gilson spoke against the original motion and in favor of reconsideration
and the substitute motion. 11:10 P.M.
Karsten Sorensen said that he opposed the substitute motion (although not yet
offered) and said that if reconsideration prevailed, he would present his own
substitute motion. 11:17 P.M.
Motion to reconsider Article 7 was declared adopted by voice vote.
11:20 P.M.
Article 7. (See Page 422) PROFESSIONAL REVIEW BOARD
Margery M. Battin presented the following substitute motion:
MOTION: That the Board of Selectmen appoint a committee of five
(As to study the current system for identifying and dealing with
adopted) present and potential hazardous substances in Lexington and to
report back with recommendations to the Board of Health, Board of
Selectmen and the 1986 Annual Town Meeting. 11:20 P.M.
Mrs. Battin gave a short explanation and asked that the Chairman of
the Board of Health and the Fire Chief be recognized. 11:23 P.M.
Both James Lambie, Chairman of the Board of Health and Fire Chief,
John D. Bergeron spoke in favor of the motion. 11:27 P.M.
The Moderator explained that if this motion prevailed, it would
become the main motion. 11:27 P.M.
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 13, 1985) ) f.
Article 7. Karsten Sorensen spoke in opposition to the substitute motion.
(Cont.) 11:30 P.M.
Mrs. Battin's motion to substitute a motion for the motion originally
adopted on March 25, 1985 (see page 422) was declared adopted by voice
vote. 11:30 P.M.
The Moderator said that the substitute motion is now the main motion.
Said main motion was declared adopted by voice vote.
11:30 Y.M.
Ephraim Weiss moved that Article 16 be taken off the table. This motion was
declared lost by voice vote. 11:32 P.M.
Paul W. Marshall moved that this session of town meeting be adjourned to
Wednesday, May 15, 1985 at 8 P.M. in Cary Memorial Hall. This motion was
declared adopted by voice vote. 11:33 P.M.
A true copy.
Attest:
D.
Mary R. McDonough, Town Clerk
a�2 0" ADJOURNED SESSIO OF THE 1985 ANNUAL TOWN MEETING
HELD MAY 15, 1985
The meeting was called to order by the Moderator, Lincoln P. Cole, Jr.
at 8 P.M. in Cary Memorial Hall.
There were 169 Town Meeting Members present.
Invocation offered by Rev. David C. Myers, Pastor of the United Methodist
Church. 8:02 P.M.
Article 2. REPORTS OF TOWN BOARDS, OFFICERS,
COMMITTEES
i
Paul W. Marshall moved that the Board of Selectmen Report on
Fair Housing Resolution be accepted and placed on file.
Adopted unanimously. 8:05 P.M.
Benjamin H. Golini moved reconsideration of Article 24. - (See pgs. 468-
470). 8:05 P.M.
Mr. Golini, giving a short explanation, said that he hoped that town
meeting did not feel that it was necessary to debate this reconsideration
and urged passage. 8:08 P.M.
Marthur H. Kalil said that she was not happy with the tactics used to
bring Article 24 before the meeting again. 8 :15 P.M.
Ronald Fitzgerald, Superintendent Director of the Minute Man Regional
Vocational School apologized for his frustrations and added that even
if the article is not reconsidered, relations with the Town of Lexington
will still be positive. 8:18 P.M.
Speaking against reconsideration: Jane P. Buckley, Frank Sandy and
James E. Barry. Mr. Barry asked that when the vote was taken on the
motion to reconsider, that it be taken by a roll call vote. The
Moderator asked if there were fifty people in favor of the roll call
and none of the members stood in favor. Also against: Margaret Rawls.
Albert P. Zabin, although agreeing with Frank Sandy, said that we
should rise above it and think about what is good for the students
that use the vocational school. 8:28 P.M.
Also speaking in favor of reconsideration: John F. McLaughlin,
James M. McLaughlin, Margaret N. Brooke and William W. Welch, Jr.
8:36 P.M.
Voice vote on motion to reconsider Article 24 was doubted by the
Moderator, so a standing vote was taken as follows:
Pre cinct In Favor Tellers Opposed
1 9 John W. Maloney 5
2 14 Christina J. Welch 4
3 5 Marian C. Reilly 9
4 2 Katherine G. Pricker 10
5 8 Diran M. Semonian 8
6 6 John S. Willson 9
7 1 Graydon M. Wheaton 10
8 4 Florence E. Connor 10
9 1 Deborah B. Green 11
At Large 20 John R. Campbell 6
Totals 70 82
The motion to reconsider Article 24 was declared lost. 8:38 P.M.
(ADJOURNED SESSlON OF THE 1985 ANNUAL TOWN "MEETING ' ='MAY 15 1985)
Paul E. Hamburger moved that Article 16 be taken from the table.
(See Page 488).
Adopted unanimously. 8:38 P.M.
Article 16. (See Page 488) AMEND ZONING BY -LAW
CONGREGATE LIVING FACILITY
(P1an.Bd.
public In the absence of Ephraim Weiss, the original presenter of this
hearing article (see page 488), Paul E. Hamburger read a statment from
2/11/85. Mr. Weiss as follows: (excerpts only)
More than
20 days "Article 16 was originally a simple amendment to the then - existing
having Article 9.2 of the Zoning By -Law on Congregate Living Facilities.
expired, With a very few selected phrases, it would have clarified the intent
Tn. Mtg. of encouraging a form of group living for relatively self- sufficient
free to elder citizens.
act with- Article 11 of this Town Meeting deleted that Section of the By -Law,
out a and replaced it with two types of Congregate Housing: one for new
Pl. Bd. construction, and another for conversion of older homes. There is no
Report disagreement on new construction. The disagreement is on conversion
Per of older homes.
Robt. ......I offered the RESOLUTION rather than the article. It's not
Bowyer, that I didn't want the article but that it was less likely to receive
Plan. support.....
Director) ....Iris Wheaton's substitute motion would be much stronger than my
resolution, since it would ban all conversions of older homes for
this use, with the understanding that another article, or articles,
would be prepared for the NEXT annual Town Meeting. I believe that's
better than what we now have, and support it.
Should Iris' substitute motion fail the required 2/3 vote, .....
reconsideration will be moved so that you will have the opportunity
to vote the Resolution." 8:43 P.M.
Iris G. Wheaton moved the following substitute motion:
MOTION: A. That the matter of the conversion of existing dwellings
(As to congregate living be referred to the Planning Board for study and
adopted) report, with a recommended amendment to the Zoning By -Law, to the
1986 Annual Town Meeting.
(Approved
by Atty. B. By further amending Table 1 - USE REGULATIONS SCHEDULE of the Zoning
General, By -Law as approved by the 1985 Annual Town Meeting in the vote
Aug. 19, on Article 11, as follows:
1985.
Posted in In line 1.5 by striking out the designation "SP" in the
Town columns headed R0, RS and RT and inserting in place thereof
Office the designation "No"
Building 8:45 P.M.
& nine
precincts Motion to substitute declared adopted by voice vote. 8:48 P.M.
on Sept.
12, 1985) The Moderator said that the substitute motion is now the main motion.
Main motion, as presented by Mrs. Wheaton, declared adopted unanimously.
8:49 P.M.
Article 57. FIRE DEPARTMENT AMBULANCE
Presented by William J. Dailey, Jr.
(As MOTION: That the sum of $50,000 be appropriated to purchase an
adopted) ambulance for the Fire Department, that such amount be raised in the
tax levy, and that the Selectmen be authorized to trade in or sell
the existing ambulance with the proceeds to be applied to the new
ambulance. 8:50 P.M.
Mr. Dailey explained that this purchase is to replace the 1980 ambu-
lance which has approximately 74,000 miles on it at the present time
and by the time the new ambulance has been received, will probably
have gone to 80,000. The Selectmen ask for support for this
appropriation. 8:52 P.M.
J 2 2 (ADJOUPNED SESSION OF THE 1.985 ANNUA T OWN MEETING - MAY 15, 1985)
Article 57. Town Meeting Member, Martin K. White, speaking with a sling on his
(Cont.) fractured arm, said that he had occasion to use the ambulance last
Saturday and that, half way up the Symmes Hospital Hill, the motor
died and he had to be carried up the rest of the way. He therefore
felt that he could speak first -hand of the need and urged support of
this article. 8:53 P.M.
James E. Barry also spoke in support but asked if it would be feasible
to keep the old ambulance also so that it could be used as a back -up
at the East Lexington Fire Station. 8:55 P.M.
Mr. Dailey answered that it would not be cost effective to keep the
old ambulance. There are other services available nearby and the
Selectmen do not feel that the town should or could support two
ambulances. 8:55 P.M.
Daniel L. McCabe said that the Capital Expenditures Committee
recommended the appropriation of the $50,000 as did Michael J.
O'Sullivan for the Appropriation Committee. 8:57 P.M.
Main motion, as presented by Mr. Dailey, declared adopted.
unanimously. 8:58 P.M.
Article 58. LEXPRESS MINI -BUS
TRANSPORTATION SYSTEM
Elaine Dratch filed a letter stating that she would abstain from
voting on Article 58.
Presented by John C. Eddison.
MOTION: That the sum of $162,500 be appropriated for a local trans -
(As portation system, that such amount be raised in the tax levy, and
adopted) that the Selectmen be authorized to apply for, accept and expend
funds from the M.B.T.A. or any other governmental agency in
connection with such local transportation system, and to contract
with a private transit company to provide transportation services.
8:59 P.M.
l_
Mr. Eddison paid tribute to Sara Arnold as the co- ordinator for
running LEXPRESS on a day to day basis. He explained that the
M.B.T.A. subsidy would be $60,000. 9:02 P.M.
Sally Castleman, Chairman of the Transportation Advisory Committee,
gave a brief overview of the LEXPRESS ridership; 13.92 riders per
vehicle hour; 33% over 18; 13% 65 or over; 31% Passholders. She
explained the use of the Chair Car which costs Lexington about
$5,000; 25 different individuals; 4 wheelchair; 21 mobility limited;
4 under age 60 and 21 over age 60. 9:07 P.M.
Michael J. O'Sullivan said that the Appropriation Committee
recommended favorable action on the $162,500 appropriation.
9:08 P.M.
Main motion declared adopted by voice vote. 9:09 P.M.
Article 59. HAZARDOUS WASTE COLLECTION
Presented by John C. Eddison.
MOTION: That the sum of $3,500 be appropriated for a contract with 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 authorized to
select the contractor and to set user fees and take all other steps
necessary to carry out this project.
Adopted unanimously. 9:11 P.M.
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 15, 19$5) e 2 3
Article 60. MASSACHUSETTS WATER RESOURCES AUTHORITY
Presented by Paul W. Marshall.
MOTION: That the sum of $1,093,871 be appropriated for the cost
of the delivery of water and for sewage collection, disposal and
treatment services provided by the Massachusetts Water Resources
Authority, and that such amount be raised in the tax levy.
9:13 P.M.
(Recommended by the Appropriation
- -, Adopted unanimously. 9:15 P.M.
Committee)
Article 61. USE OF FUNDS TO REDUCE TAX RATE
Paul W. Marshall moved that Article 61 be placed on the table.
Adopted unanimously. 9:16 P.M.
(See Page 532)
Stanley E. Toye moved that Article 8 be taken up, out of order, at this
time.
Adopted by voice vote. 9:17 P.M.
(See Page 422)
Article 8. FAIR HOUSING POLICY
Presented by Patricia A. Swanson.
MOTION: - HOUSING RESOLUTION
Not WHEREAS the Town Meeting has voted to adopt Article 74 of the 1979
adopted) Annual Town Meeting and Article 25 of the 1981 Annual Town Meeting
both of which present fair housing resolutions for the Town of
Lexington;
AND WHEREAS the existance of two fair housing documents is undesirable
from the standpoint of equity of administration and compliance with
policy;
AND WHEREAS the matter of a fair housing policy for the Town of
Lexington should be periodically re- examined for currentness and
compliance and in order that its need be reemphasized;
NOW THEREFORE BE IT RESOLVED that the Board of Selectmen be directed
to assume responsibility for presenting to the 1986 Annual Town
Meeting a revised fair housing policy for approval and adoption by
that body. The revised policy should include, but not necessarily
be limited to, provisions for the following:
a. The inclusion of the basic concepts outlined in both resolutions
referenced in the first paragraph and the termination of applicability
of these policies upon approval and adoption by the Town Meeting of
the new housing policy.
b. A concern for the housing needs of all Lexington residents on a
basis at least equal to that expressed for non - Lexington residents.
c. An annual report, either oral or written, to each Annual Town
Meeting of the cumulative numerical inventory of all housing, by type,
created through the efforts of all town agencies wherein public funds
or property were used in whole or in part to provide such housing.
d. An annual review by the Board of Selectmen of the housing policy
to insure its currentness and appropriateness.
9:18 P.M.
.,, .. , .
(ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - MAY 15, 1985) rr
Article 8. Mrs. Swanson voiced many concerns that she had, one being the tenant
(Cont. selection for the Muzzey School housing. She said that there had not
been any advertising for these units and that applications, with checks,
had been made on the night of the town meeting adoption of the proposal.
She talked at length of many of these concerns. 9:30 P.M.
Margery M. Battin said that she, Paul W. Marshall and John C. Eddison,
all members of the Board of Selectmen, opposed this resolution and
said that, in spite of Mrs. Swanson's feelings, there are not two
housing policy plans - one is a resolution. She said that a majority
of the Selectmen agree with the Fair Housing Committee.
9:36 P.M.
William T. Spencer, of the Fair Housing Committee, urged a "no
vote on the resolution. 9:38 P.M.
Stanley E. Toye spoke in favor and Eleanor Klauminzer, for the
Planning Board's Advisory Committee on Housing, spoke in opposition.
9:47 P.M.
Jacquelyn R. Smith said that the Planning Board is satisfied with the
1979 and 1981 Housing Policies. 9:50 P.M.
Albert P. Zabin, although he commends Mrs. Swanson's and Mr. Toye's
statements and feels that the town owes them a debt of gratitude,
urged defeat of the resolution. 9:52 P.M.
John F. McLaughlin, Selectman, said that he supported the 1979 and
1981 housing policies and supports low income and fair housing. His
concern is when you get into "moderate" income housing. He added
that he would not support this article. 9:58 P.M.
Katherine Whyte asked the Selectmen to name the individuals who are
getting the subsidized housing at Muzzey but this request was not
answered.
Laura F. Nichols spoke in opposition. 10:01 P.M.
i
George A. Burnell moved the previous question which was declared
adopted by voice vote. 10:03 P.M.
Mrs. Swanson took four of her ten minutes as the presenter of the
motion to further convey her feelings on this matter. 10:07 P.M.
Resolution declared lost by voice vote. 10:08 P.M.
Paul W. Marshall moved that this meeting be adjourned to Wednesday, May 29,
1985 at 8 P.M. in Cary Memorial Hall. 10:08 P.M.
Article 2. REPORTS OF TOWN BOARDS, OFFICERS,
COMMITTEES
Angela E. Frick told the meeting that there was a memo on the back
table regarding the West Farm and Chiesa Farm purchases for conserva-
tion. She added that there will be an informational meeting on the
West Farm on May 16th and on the Chiesa Farm on May 23rd, both
meetings to be held at 8 P.M. in the Conservation Office (Room G -1)
of the Town Office Building. 10:09 P.M.
As there is a Special Town Meeting called for May 29, 1985 at 8 P.M., Mr.
Marshall asked that his adjournment motion be withdrawn. There were no objections.
Motion withdrawn. 10:12 P.M.
Paul W. Marshall moved that this meeting be adjourned until after the Special
Town. Meeting called for May 29, 1985 at 8 P.M. in Cary Memorial Hall has been
completed. This motion was adopted unanimously. 10:12 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
A DJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING
HELD MAY 29, 1985
The meeting was called to order in Cary Memorial Hall at 10:41 P.M. by the
Moderator, Lincoln P. Cole, Jr. (See Page 524 for motion that the May 15, 1985
session of the 1985 Annual Town Meeting be adjourned until after the Special
Town Meeting called for May 29th at 8 P.M. in Cary Memorial Hall has been
completed.)
There were 178 Town Meeting Members present.
James M. McLaughlin moved that Article 22 be taken off the table. (See Page 439)
Adopted unanimously. 10:41 P.M.
Article 22. (See Page 439) AMEND ZONING BY -LAW
LOWELL STREET, RO TO RM
Presented by James M. McLaughlin.
MOTION: That this article be indefinitely postponed.
Adopted unanimously. 10:42 P.M.
John C. Eddison moved that Article 32 be taken from the table. (See Page 480)
Article 32. (See Page 480) CONSERVATION FUND
Presented by John C. Eddison.
MOTION: That this article be indefinitely postponed.
Adopted unanimously. 10:42 P.M.
Paul W. Marshall moved that Article 51 be reconsidered. (See Pgs. 502 -505)
10:42 P.M.
Mr. Marshall explained that the town has received the purchase and sale agree-
ment which will be signed next Monday. There is a problem about selling the
equipment. Therefore, he wishes to present a. substitute motion under Article 51
which would not change the amount to be appropriated. The only change would be
the addition of a new section (c) authorizing the' °Selectmen to purchase the
equipment. 10:45 P.M.
Iris G. Wheaton was concerned about starting on a new article at this time of
the evening. The usual procedure is that no new article is started after 10:30 P.M.
10:46 P.M.
Mr. Marshall explained that if reconsideration of Article 51 is adopted, he
would present a substitute motion as described above; he would then present
Article 26, line item #8525; then there would be a motion to reconsider Article
26, and if reconsidered there would be an amendment to line item #1700; lastly,
Article 61 would be presented and then a motion to dissolve the meeting. He felt
that unless there were a lot of question, this could be completed very quickly.
10:47 P.M.
Motion to reconsider Article 51 was declared adopted by voice vote. 10:47 P.M.
Article 51. (See Pgs. 502 -505) CONSERVATION LAND PURCHASE
Paul W. Marshall moved to substitute the following motion for the
motion originally adopted on May 8, 1985 (See Pgs. 502 -503):
( ** Moderator Lincoln P. Cole, Jr. stepped down from the podium, appointed Norman.
P. Cohen, Town Counsel as Temporary Moderator, and Mr. Cole also abstained
from voting on Article 51.)
(ADJO SESSION O THE 1985 ANNUAL TOWN M EETING - MAY 29, 1985) 53 t
Article 51. Substitute motion:
(Cont.)
MOTION: (a) That the Conservation Commission be authorized to
purchase or otherwise acquire, and the Selectmen be authorized to take
by eminent domain, upon the written request of the Conservation
Commission, for conservation purposes including outdoor recreation as
(As provided by Section 8C of Chapter 40 of the General Laws, as amended,
adopted) any fee, easement or conservation restriction as defined in Section
31 of Chapter 184 of the General Laws, or other interest in all or
any part of land shown as Lot 68 on Assessors' Property Map 66;
(b) That the Selectmen be authorized to purchase, take by eminent
domain or otherwise acquire for golf course, recreation, conservation,
and other municipal purposes, any fee, easement or other interest in
all or any part of land shown as Lots 63 and 64 on Assessors' Property
Map 66;
(c) That the Selectmen be authorized to purchase equipment used in
operating and maintaining the golf course;
(d) That $2,855,000 be appropriated for such land acquisition and
equipment and that to raise such amount the Treasurer with the
approval of the Selectmen be authorized to borrow $2,855,000 under
G.L. c. 44, s.7, as amended;
(e) That the Selectmen be authorized to apply for, accept, expend
and borrow in anticipation of federal and state aid that may be
available for the project;
(f) That the care, custody, management and control of the Meagher -
ville school site, so- called, be transferred from the School Depart-
ment to the Selectmen effective July 1, 1985; and
(g) That the Selectmen be and they hereby are authorized to convey
by sale or lease or otherwise a portion of the land, not exceeding
twenty -five acres, contiguous to the land acquired hereunder for
golf course purposes, including the Meagherville school site, so-
called, to a developer or developers for housing or recreation
purposes for a price of not less than $1,500,000 and on such terms
as the Selectmen shall determine, provided that the amount of
borrowing hereunder shall be reduced by the proceeds actually received
from the sale or lease of such land.
10:48 P.M.
Mr. Marshall's motion to substitute was declared adopted unanimously.
10:50 P.M.
Substitute motion, which is now the main motion, was declared
adopted unanimously. 10:50 P.M.
Paul W. Marshall moved that Article 26 - line item 418525 be taken from the
table. Adopted unanimously. 10:50 P.M. (See Page 478)
Article 26. Line item 418525. (See Page 478) OPERATING BUDGET
Tax and Bond Anticipation Loans $256,000
Such amount to be raised in the tax levy.
Adopted unanimously. 10:50 P.M.
Paul W. Marshall moved to reconsider Article 26. (See Pgs. 472 -479)
Adopted unanimously. 10:51 P.M.
5 & 3 (ADJOURNED SESSION OF THE 1985 ANNUAL TOWN MEETING - M AY 29, 1985)
Article 26. OPERATING BUDGET
Paul_ W. Marshall moved to amend line item #1700 by substituting the
figure $1,809,600 for the original figure of $2,109,600. (See Page
473 — April 29, 1985). 10:52 P.M.
Mr. Marshall's motion to amend line item #1700 was declared adopted
unanimously. 10:53 P.M.
Amended motion under Article 26 - line item 41700 now reads:
Insurance
Group $1,809,600
Amended motion declared adopted unanimously. 10:53 P.M.
Paul W. Marshall moved that Article 61 be taken from the table. (See Pg. 523)
Adopted unanimously. 10:53 P.M.
Article 61. USE OF FUNDS TO REDUCE TAX RATE
Presented by Paul W. Marshall.
MOTION: That the sum of $800,000 be appropriated to reduce the tax
levy for the fiscal year beginning July 1, 1985, and that such amount
be transferred from the Excess and Deficiency Account.
Adopted unanimously. 10:53 P.M.
�* Louis A. Conrad, 115 Shade Street, a Town Meeting Member from Precinct 9,
filed his resignation as a Town Meeting Member effective May 30, 1985.
10:56 P.M.
i
Article 2. REPORTS OF TOWN OFFICERS,
BOARDS, COMMITTEES
George A. Burnell filed the report of the North Lexington Improve-
ment Study Committee. 11 P.M.
Paul W. Marshall moved that the 1985 Annual Town Meeting be dissolved.
Adopted unanimously. 11 P.M.
A true copy.
Attest:
Mary R. McDonough, Town Clerk
(After the dissolution of the meeting, John S. Willson filed a petition author -
izing purchase of the Chiesa Farm and Michael J. O'Sullivan, Chairman of the
Appropriation Committee, filed a computer printout "1975 - WE ARE STILL ALL
HEART! - 1985. 11:05 P.M.)
�* Daniel Friedlander, 2184 Massachusetts Avenue received the highest number of votes
as a defeated candidate for Town Meeting Member from Precinct 9 at the Annual Town Elec-
tion held March 4, 1985. As of June 7, 1985 Mr. Friedlander accepted the position of
Town Meeting Member from Precinct 9 to fill the vacancy caused by the resignation of
Louis A. Conrad. This term will expire in March 1986.