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Home My WebLink About1988-03-07- to 1988-05-11 ATM-min 1988 ANNUAL TOWN MEETING MARCH 28, 1988 The meeting was called to order by Moderator Margery M. Battin at 8:02 p.m., in Cary Memorial Hall. There were 178 Town Meeting Members present out of a current membership of 197. 8:04 p.m. - The invocation was offered by David W. Chobar, Pastor of the Reorganized Church of Jesus Christ of Latter Day Saints. 8:05 p.m. - Town Clerk, Bernice R. Fallick, read the Warrant for the Meeting until further reading was waived. 8:06 p.m. - The Town Clerk read the Constable's Return of the Warrant. 8:07 p.m. - The Moderator expressed appreciation to long-time former Town Meeting Members who had chosen not to run: Frederick Frick, Clarice Gordon, John McWeeney, Richard Souza, Patricia Swanson. Notice was made of the posters by Lexington School students. The schedule for Town Meeting is as follows: March 30, April 4, 6, 11, 13, 25, and every Monday and Wednesday, at 8 p.m., until completion. Articles in the warrant will be addressed in order with the following exceptions: Article 47 will come after Article 29; Article 36, Pine Meadows, will not be taken before April 27; Articles 9, 15, 18, 19, 45, and 54 are Indefinitely Postponed. Further procedural items were presented. -------------------- ARTICLE 2 - REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES 8:17 p.m. - John Eddison, Chairman of the Board, welcomed members and expressed appreciation to Richard White, Town Manager; TMMA; the Moderator; and to those involved in the School Budget agreement. 8:23 p.m. - Paul Newman, Chairman of the School Committee, stated the Committee's support for the compromise budget and introduced Philip Geiger, the new Superintendent of Schools. 8:26 p.m. - John Eddison introduced Richard J. White, Town Manager, who discussed the Budget. 8:43 p.m. - Mr. Eddison moved that the report of the Town Manager be accepted and placed on file. 8:44 p.m. - Accepted and placed on file. 8:44 p.m. - Michael O'Sullivan, Chairman of the Appropriations Committee, presented the report of the Committee and moved that it be accepted and placed on file. 8:59 p.m. - Accepted and placed on file. 8:59 p.m. - Sheldon Spector, Chairman of the Capital Expenditures Committee, presented the report of the Committee and moved that it be accepted and placed on file. 9:03 p.m. - Accepted and placed on file. 9:04 p.m. - Judith Uhrig, Chairman of the Planning Board, reported on Articles 38-42, requesting prior input if amendments are comtemplated. 9:06 p.m. - Erna Greene presented the report of the Town Report Committee and moved that it be accepted and placed on file. 9:07 p.m. - Accepted and placed on file. --------------- . . ...... ...... ( ANNUAL TOWN MEETING, CONT. - MARCH 28, 1988 ARTICLE 3. APPOINTMENTS TO CARY LECTURE SERIES MOTION: That a committee of three be appointed by the Moderator to have the charge of the lectures under the wills of Eliza Cary Farnham and Suzanna E. Cary for the current year. Presented by John C. Eddison. 9 :08 p.m. - Adopted unanimously by voice vote. --------------- ARTICLE 4. OPERATING BUDGET 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. Presented by John C. Eddison, Selectman. The Moderator read the following line items: Selectmen's Department Personal Services $41,054 Expenses 10,850 Town Manager's Office f Personal Services 178,241 Expenses 11,000 Town Manager's Jurisdiction Temporary Help & Overtime 35,000 Clerical Pool 17,434 Office Furniture & Fixtures 4,000 Fire & Police Medical 35,000 Out of State Travel 5,000 General Professional Services 75,000 Director of Guides 1,500 Tuition & Training 12,500 Instate Travel 12,000 Selectmen's Jurisdiction Safety Program Expenses 500 Printing Town Report Expenses 6,250 Town Clerk's Department 6 Personal Services 80,229 Expenses 2,285 Board of Appeals Personal Services 20,028 Expenses 1,300 ( ANNUAL TOWN MEETING, CONT. - MARCH 28, 1988 Planning Board Personal Services 85,058 Expenses 6,600 Insurance 2,725,787 The Moderator stated her intent to step down so there would be no question of partiality in conflict with her role as Chairman of the Lexington Center Committee. Town Counsel, Norman P. Cohen, assumed the role of Moderator. Robert Domnitz, Pr.6, was recognized to present an amendment. Frederick Hagedorn, Pr.1, rose for a Point of information as to which line item was being addressed. Following his presentation, Mr. Domnitz made the following motion: 9:22 p.m. - MOTION: The line item for Insurance be amended by adding, "...of which $10,000 did. not pass is to be transferred from the parking - "" meter fund." see below There was discussion for and against. Following a voice vote, the Moderator declared the amendment defeated at 9:37 p.m. 9 :38 p.m. William Welch rose to request a standing vote and was joined by at least 20 people. The vote was tallied as follows: Yes No Precinct 1 6 11 2 5 ll 3 12 5 4 8 12 5 8 6 6 13 3 7 7 8 8 3 14 9 3 14 At large 3 16 Totals 68 100 The Moderator declared the amendment defeated at 9:43 p.m. Mrs. Battin resumed the role of Moderator at 9:44 p.m. Elections Selectmen Jurisdiction 25,600 Town Clerk Jurisdiction 26,620 Board of Registrars Personal Services 1,558 Expenses 33,685 ( ANNUAL TOWN MEETING, CONT. - MARCH 28, 1988 Town Committees Appropriation Committee Expenses 950 Historic Districts Commission 2,800 Town Celebrations Committee 10,000 Miscellaneous Boards & Committees 7,400 Conservation Commission Personal Services 50,980 Conservation Commission Expenses 10,330 FINANCIAL OPERATIONS Finance Personal Services 363,480 Finance Expenses 167,250 And further that the Treasurer and Collector is hereby authorized to enter into compensating balance agreements during fiscal year 1989, as permitted by General Laws Chapter 44, Section 53F. Law Department Legal Fees 115,000 Legal Expenses 31,640 Board of Retirement Retirement Expenses 4,550 Contributory Pension Fund 1,997,263 9:46 - Sam Silverman, Pr. 5, asked for information on the General Law, Chapter 44, Section 53F, and received an explanation from Comptroller John Ryan. Further questions were asked as to Enterprise and Pension Funding. Comments were made as to procedures. Non - Contributory Pension 200,000 Pension Funding 291,000 (Of which $291,000 is to be transferred from Overlay Reserve) Recreation Personal Services 184,592 Expenses 25,625 Protection of Persons & Property Police Collective Bargaining 1,527,627 9:54 p.m. - Mr. Cohen assumed the role of Moderator 9:54 p.m. - Robert Domnitz, Pr.6, provided information on the amendment he would propose. 9:59 p.m. MOTION: The line item for Police Collective Bargaining be amended by passed adding, "... of which $50,000 is to be see p. 185 transferred from the parking meter Notice of fund." Reconsideration p. 185 3 ( ANNUAL TOWN MEETING, CONT. - MARCH 28, 1988 There was discussion for and against. A standing vote was tallied as follows: Yes No Precinct 1 11 7 2 9 7 3 14 3 4 12 8 5 10 4 6 12 4 7 10 4 8 7 10 9 8 11 At large 5 15 98 73 The Moderator declared the amendment to have passed at 10 :14 p.m. 10:15 - Jacquelyn Ward, Pr. 7, served Notice of Reconsideration of the Police Collective Bargaining Amendment. Police Personal Services 576,172 (Of which $11,000 is to be transferred from the Parking Meter Fund) 10:16 p.m. - Mrs. Battin resumed the position of Moderator. Police Department Expenses 242,783 Parking Meter Maintenance 3,848 (Of which $3,848 is to be transferred from the Parking Meter Fund) Fire Collective Bargaining 1,780,440 Fire Personal Services 194,032 Fire Department Expenses 166,940 And further that all ambulance fees may become a "municipal charges lien ", pursuant to General Laws Chapter 40, Section 58. Inspection Department Personal Services 132,572 Inspection Department Expenses 4,044 Local Disaster Personal Services 200 Local. Disaster Services Expenses 500 Health Department Animal Control Personal Services 20,184 Animal Control Expenses 8,280 Health Personal Services 86,951 Health Expenses 22,100` Visiting Nurse & Community Health 8,400 Rabies Clinic 3,425 b ( ANNUAL TOWN MEETING, CONT. - MARCH 28, 1988 Human Services Council on Aging Personal Services 57,230 Council on Aging Expenses 53,986 Mystic Valley Mental Health 0 Community Services 119,500 Veterans Personal Services 15,786 Veterans Administration 391 Veterans Aid & Expenses 15,709 Graves Registration 200 Soldiers Burial 500 Library Personal Services 750,664 Expenses 242,150 (Of which $2,000 is to be transferred from the County Dog License Fees. $20,415.00 in Regular State Aid and $8,161.00 in Supplemental State Aid to Public Libraries is also available for use by the Trustees of the Library.) Debt Payment Maturing Debt 925,000 Interest on Debt 769,364 Tax & Bond Anticipation Loans 28,000 Public Works & Engineering Personal Services 2,042,683 Expenses 3,100,344 (O£ which $55,000 is to be transferred from the Westview Perpetual Care Fund; and $20,000 is to be transferred from the Parking Meter Fund.) 10:21 p.m. - Fred Rosenberg, Pr. 9, expressed a need for the 15 items to be listed separately, as had been previously done. He understood the need for flexibility, and made the following motion: 10:25 p.m.: MOTION: the line item DPW expense $3,100,344 be amended by adding to the end thereof the did not pass condition that no one subaccount within the DPW see below budget as set forth in the Town Manager's budget can be expended at a rate of more than 120 %, provided that the total expenditure of all subaccounts shall not exceed the total appropriation of this line item. There was discussion for and against. Following a voice vote the Moderator declared the motion not to have passed at 10:31 p.m. 10:32 p.m. - Mr. Cohen assumed the position of Moderator. Robert Domnitz, Pr.6, presented information on an amendment he was proposing. He then made the following motion: 10:36 p.m.: MOTION: the line item DPW Expense be amended by defeated increasing the transfer from the Parking Meter fund see below to ;$52,900. Notice of Reconsideration Town Counsel gave an explanation of how parking meter funds could p• 1.87 be used. Qiestions and discussion followed. Following a voice vote, the Moderator declared the motion defeated at 10:47 p.m. 8 ( ANNUAL TOWN MEETING, CONT. - MARCH 28, 1988 John Eddison moved adjournment of Town Meeting until Wednesday, March 30, 1988, at 8 p.m. 10:48 p.m. - Mrs. Battin resumed position as Moderator. 10:48 p.m. - William Welch, Jr., Pr. 2, gave Notice of Reconsideration on the amendment (line item DPW Expense). 10:49 p.m. - Following a voice vote the Moderator declared the Meeting adjourned until March 30, at 8 p.m. A true copy. Attest: Bernice H. Fallick, Town Clerk ADJOURNED SESSION - 1988 ANNUAL TOWN MEETING MARCH 30, 1988 The meeting was called to order by Moderator Margery M. Battin at 8:01 p.m., in Cary Memorial Hall. There were 178 Town Meeting Members present (membership 197). 8:01 p.m. - The invocation was offered by Reverend Helen Cohen, First Parish Church, Unitarian /Universalist. 8:02 p.m. - The Moderator explained procedures. 8:06 p.m. - Nyles Barnert explained the intent to table the line item associated with Minuteman. Vocational Technical High School Assessment and its connection with the "Cherry Sheet." 8:08 p.m. - ARTICLE 4 OPERATING BUDGET, coat. Public Schools Public School- Education 24,044,768 (Of which $12,850 is for out of state travel.) To which the sum of $220,229 in available and passed anticipated P.L. 874 and other Federal and State see below Funds, and $28,000 in available and anticipated athletic receipts is to be applied and the balance of $23,796,539 is to be raised in the tax levy. 8:10 p.m. - Paul Newman, Chairman of School Committee, presented the report. 8:22 p.m. - Isa Zimmerman, Interim Superintendent of Schools, presented the budget. 8:48 p.m. - Numerous persons spoke in support of the budget. Questions were raised as to expenditures for private school busing, evaluation procedures for teachers, the need to address future concerns via an override of Proposition 2 1/2, reductions of sabbaticals and leaves. Regional Vocational Technical High School Assessment 399,815 tabled amended and 9:30 p.m. - Nyles Barnett moved to table. passed see p. 266 Following a voice vote the Moderator declared the motion to table to have carried at 9:31 p.m. 9:32 p.m. - Questions were raised concerning pension investment procedures by Mason Peltz, Paul Hamburger, and Sam Silverman. Richard White, Town Manager, and Paul Marshall, Selectman, responded. 9:49 p.m. - John Eddison, Board of Selectmen, moved to accept Article 4 with the exception of the line item associated with the Regional Vocational Technical High School Assessment, previously tabled. Following a voice vote, the Moderator declared unanimous passage of Article 4 at 9.50 p.m. (ADJOURNED SESSION, ANNUAL TOWN MEETING, CONT. - MARCH 30, 1988) ARTICLE 5. MOTION: That $480,000 be appropriated for the ensuing fiscal year, in addition to those authorized under Article 4 of this warrant, to fund passed cost items (a) included In collective bargaining see below 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 to raise such amount $50,000 be transferred from the appropriation voted Linder Article 5 of the warrant for the 1987 Annual ToFm Meeting and $430,000 be raised in the tax levy. The amount voted is to be distributed among the - personal.. services accounts as authorized by the Board. of Selectmen 9-51 p.m - Presented by John C. Eddison, Board of Selectmen. 9:52 p.m.. - Michael O'Sullivan, Appropriations Chairman, spoke in favor. Following a voice vote, the Moderator declared unanimous passage at 9-5/1 p.m. 9:54 p.m.. - John ffayward, Pr.8, gave Notice of Reconsideration on Article 4. ---------------- ARTICLE 6. MOTION: That the sum of $1,841,292 be appropriated to fund the operation of the Water passed Division of the Department of Public Works, and to see p.190 raise such amount $1,618,578 be transferred from the Water Enterprise Fund and $222,714 be raised in. the tax levy. ARTICLE 7. MOTION: That the sum of $1,759,229 be appropriated to fund the operation of the Sewer Division of the Department of Public Works, and to raise such amount $1,154,797 be transferred from the passed Sewer Enterprise Fund and $604,632 be raised in the see P. 190 tax levy. 9:54 p.m. - Jacquelyn Smith, Board of Selectmen, explained that the articles would be presented together for purposes of discussion. Discussion followed. 10:23 p.m. - Paul Hamburger, Pr. 5, moved the following: MOTION: the following be added to Article 6 at the end "AND be it resolved that the 1988 Lexington Town. Heeting recommends to the Board of Selectmen that it did not pass raise sewer and water fees in the Town in such a, way see below as to reduce the amount needed to be collected in taxes to support the water and sewer Enterprise Funds to no more than $550,000. There was discussion for and against. Following a voice vote, the Moderator declared the motion to have failed at 10.34 p.m. Several people expressed concern over water usage and procedures for conservation and sewage. IRNEID SESSION, ANNUAL TOWN MEETING, CONT. - MARCH 30, 1988) Following a voice vote, the Moderator declared unanimous passage of Article 6 at 10:49 p.m. Following a voice vote, the Moderator declared unanimous passage of Article 7 at 10:50 p -m- 10:51 p.m. - John Eddison, Board of Selectmen, moved adjournment of Town Meeting until Monday, April 4, 1988, at 8 pm. ` Following a voice vote, the Moderator declared the Meeting adjourned at 10:51 p.m. A true copy, / Attest: J .J Bernice H. Fallick, Town. Clerk ADJOURNED SESSION - 1988 ANNUAL TOWN MEETING APRIL 4, 1988 The meeting was called to order by Moderator Margery M. Battin at 8:00 p.m., in Cary Memorial Hall. There were 183 Town Meeting Members present. (197 members) i 8:03 p.m. - The invocation was offered by Msgr. John P. Keilty, Pastor of Saint Brigld`s Church. 8 :03 p.m.- The Moderator declared a formal recess. 8:04 p.m. - Paul Newman, School Committee, paid honor to Lexington High School Varsity Athletes and Coach Arthur Dulong® 8:07 p.m. - The Moderator called the meeting to order. ARTICLE 2 - REPORTS 8.07 p.m. - Cary Lectures Carolyn Wilson moved that the report be accepted and placed on file and the Committee discharged. Raymond Culler presented the report. The report was accepted and placed on file and the Committee discharged at 8:12 p.m. 8:13 p.m. - Recreation Committee Judith Marshall introduced Kerry Brandon of the Playground Committee, a sub - committee of the Recreation Committee, who updated the Meeting on the Lexington Community Playground. ARTICLE 8- SUPPLEMENTAL APPROPRIATIONS MOTION: That the sum of $348,000 be appropriated to passed the Public School Education line item of the Fiscal see below Year 1988 budget and to raise such amount $348,000 be Notice of transferred from the Unreserved Fund Balance. Recons. 8:18 p.m. - Presented by Paul Marshall, board of Selectmen, who p.192 asked the Moderator to recognize Interim Superintendent of Schools, Motion to Isa Zimmerman, who then outlined the request. Recons. failed 8:23 p.m. - Michael O'Sullivan, Appropriations Committee, stated see p.220 support. There were questions as to why the School Committee was asking for further funds in the FY88 budget. Following a voice vote, the Moderator declared the motion to be adopted at 8 :30 p.m. ARTICLE 9 - PRIOR YEAR UNPAID BILLS MOTION: That this article be indefinitely Indef. postponed. Postponed see below 8 :30 - Presented by Paul Marshall, Board of Selectmen. Following a voice vote at 8 :30 p.m., the Moderaor declared the motion to be indefinitely postponed. ------ --- - - - - -- (ADJOU SESSION, A.T.M.,CONT. - APRIL 4, 1988) ARTICLE 10 - SUPPLEMENT. APPROPRIATIONS, CAPITAL IMPROVE. PROJECTS MOTION: That the sum of $50,000 be appropriated to be used in conjunction with the funds appropriated under Article 17 of the warrant for the 1986 Annual Town Meeting to remove infiltration and inflow of passed storm water from the sewer system, and to raise such see below amount $37,160 be transferred From the appropriation voted under Article 40 of the warrant for the 1985 Annual Town Meeting and $12,840 be raised in the tax levy. 8 :31 p.m. - Presented by Paul Marshall, Board of Selectmen. 8:33 p.m. - Sheldon Spector, Capital Expenditures, stated support. 8 :33 p.m. - Artbur Smith, Pr.2, served Notice of Reconsideration on Article 8. 8:33 p.m. - Michael O'Sullivan, Appropriations Committee, stated support. Discussion followed as to fees. Following a voice vote, the Moderator declared unanimous adoption at 8:36 p.m. ARTICLE 1.1 - RESERVE FUND MOTION: That the sum of $250,000 be appropriated from the Reserve Fund and to raise such amount passed $250,000 be transferred from the Reserve Fund- Overlay see below Surplus. 8:36 p.m. - Presented by William. Dailey, Jr., Board of Selectmen Following a voice vote, the Moderator declared unanimous adoption at 8:39 p.m. - AR'CTCLE 12 - TAX ANTICIPATION BORROWING - MOTION: Tba.t 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 passed fiscal year beginning July 1, 1.988 and to issue a see below note or_ notes therefor, payable within one year, under C.L. c. 4.4, sec. 4 as amended, and to renew any note or notes as may be given for a. period of less than one year, under C.L. c. 44, sec. 17. 8:39 p.m. - Presented by William Dailey, Jr., Board of Selectmen. Following a voice vote, the Moderator declared unanimous adoption { at 8:40 p.m. Jo (ADJOURNED SESSION, A.T.M.,CONT. - APRIL 4, 1988) ARTICLE 13 - UNEMPLOYMENT COMPENSATION FUND MOTION: That the sum of $50,000 be appropriated for passed the unemployment compensation fund, and that such Notice of amount be raised in the tax levy. Reconsider. 8:41 p.m. - Presented by William Dailey, Jr., Board of Selectmen see below 8:42 p.m. - Michael OSullivan, Appropriations Committee, recommended favorable action. Following a voice vote, the Moderator declared unanimous adoption at 8:42 p.m. William Welch, Pr.2, served Notice of Reconsideration. ARTICLE 14 - CONSERVATION FUND MOTION: "That the sum of $65,000 be appropriated for passed the Conservation Fund and that such amount be raised see below in the tax levy. 8.62 p.m. - Presented by Angela Frick, Conservation Committee. John Eddison, Board of Selectmen, related the history of the railroad spur adjacent to Hartwell Avenue and Hanscom Field. 8:49 p.m. - Richard Perry, Jr., Capital Expenditures, and Michael O'Sullivan, Appropriations Committee, recommended support. Following a voice vote, the Moderator declared unanimous adoption at 8:49 p.m. --------------- ARTICLE 15 - STABILIZATION FUND MOTION: That this article be indefinitely postponed® Indef. Post. 8:49 p.m. - Presented by John Eddison, Board of Selectmen. see below Following a voice vote at 8:51 p.m., the Moderator declared a unanimous vote to indefinitely postpone. ----------- ARTICLE 16 - WATER MAINS MOTION: That the Selectmen be and they hereby are authorized to install new or replacement water mains passed or clean and line existing water mains in such see below accepted or unaccepted streets or other land as the Notice a of -ne, subject to the assessment of see p. 194 Selectmen may determi Recon id. betterments or otherwise, and to take by eminent domain, purchase or otherwise- acquire any fee, easement or other interest in land necessary therefore; to appropriate the sum of $220,000 for such installation and land acquisition; and that such amount $220,000 be raised in the tax levy. 8:52 p.m. - Presented by Jacquelyn Smith, Board of Selectmen. 8.55 pm. - Richard Perry, Jr., Capital Expenditures, and Michael O'Sullivan, Appropriations Committee, recommended favorable action. There were questions as to Katandin Woods, and the coordination of pipe work and road resurfacing. Following a voice vote, the Moderator declared a unanimous adoption at 9:01 p.m. (ADJOURNED SESSION, A.T.M.,CONT. - APRIL 4, 1 988) ARTICLE 17 - INSTALL DRAINS, DEEPENING OR ALTERING BROOKS MOTION: (For Citizen Proponent) That the Selectmen be and they hereby are authorized to install drains in Adams Street or other land as the Selectmen may did not pass determine, including the widening, deepening or see below altering the course of brooks, streams and water courses and the construction of new channels in said other land, in accordance with Chapter 263 of the Acts of 1926, as amended, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropri.a.te the sum of $1.40,000 for such installation and land acquisition, and that such amount be raised in the tax levy. 9.02 p.m. - Presented by William Spencer, Pr. 6. Further presentation of slides and history was made by Joseph Doherty, 74 Adams Street, 9.07 p.m. - Notice of Reconsideration on Article 16 was served by Richard Michelson, Pr. 8. 9:18 p.m. - Sheldon Spector, Capital Expenditures, spoke against. 9:20 p.m. - Michael O'Sullivan, Appropriations Committee, said it should be handled in the FY90 budget. There was discussion as to relative cost of temporary vs. long range solutions and the scheduling for a more appropriate time. Following, a voice vote, the Moderator declared the motion not to have been adopted at 9 :27 p.m. ARTICLE 18 - CONSTRUCT SIDEWALKS MOTION: That this article be indefinitely postponed. Indef. Postponed see below 9 :27 p.m. -- Presented by Jacquelyn Smith, Board of Selectmen. Following a voice vote at 9 :28 p.m., the Moderator declared indefinite postponement. ARTICLE 19 - SANITARY SEWERS MOTION: That this article be indefinitely Indef. Postponed postponed. see below 9 :28 - Presented by Jacquelyn Smith, Board of Selectmen. Following a voice vote at 9 :30 p.m., the Moderator declared indefinite postponement. 19 . (ADJOURNED SESSION, A.T.M. - APRIL 4, 1988) ARTICLE 20 - PUBLIC WORKS EQUIPMENT MOTION: That the sum of $270,000 be appropriated for passed the purchase by or with the approval of the Selectmen see below of equipment for the Department of Public Works, and that such amount be raised in the tax levy. 9:30 p.m. - Presented by William Dailey, Jr., Board of Selectmen. 9:32 p.m. - Nicholas Cannalonga, Capital Expenditures, and Michael O'Sullivan, Appropriations Committee, spoke in support, as did precinct members. Following a voice vote, the Moderator declared a unanimous adoption at 9:36 p.m. ----------------- ARTICLE 21 - STREET IMPROVEMENTS MOTION: That the Treasurer With the approval of the Selectmen be authorized to issue Highway passed Reimbursement Notes of the Town under G.L. c. 44, see, 6, as amended, in anticipation of reimbursement see below by the Commonwealth for highway reconstruction and improvements under the authority of Chapter 90 of the General Laws as funded, and that notes issued for a shorter period than two years may be refunded by the issue of new notes maturing within two years from the date of the original obligation; that the Selectmen are authorized to accept highway funds from all_ sources; that, in addition the sum of $500,000 be appropriated for highway improvements, and that such amount be raised in the tax levy. 9:37 p.m. - Presented by William Dailey, Jr., Board of Selectmen, who presented a list of the roads to be done. 9:40 p.m. - Nicholas Cannal-onga, Capital Expenditures, and Michael O'Sullivan, Appropriations Committee, stated support. The question arose as to the meaning of the word "improvements" and clarification as to the possibility of catch basins being needed and thus the necessity for inserting the word "improvements." Following a voice vote, the Moderator declared a unanimous adoption at 9:41 p.m. ------------------ ARTICLE 22 - STREET ACCEPTANCE AND CONSTRUCTION MOTION: That the Town establish as a town way and postponed accept the layout of as a town way Philip Road a see p. 219 distance of 1500 feet, more or less, from Rockville Avenue to Worthen. Road East as laid out by the as passed Selectmen, as shown upon plans on file in the office see p. 228 of the Town Clerk, dated December 21, 1987, subject to the assessment of betterments or otherwise; 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 $80,000 be appropriated for such land acquisition, construction, alteration and reconstruction as is necessary, and that such amount be raised in the tax levy. 9:42 p.m. - Presented by William Dailey, Board of Selectmen, who asked for postponement to April 11. Following a voice vote at 9:42 pan., the Moderator declared Article 22 postponed until April 11. (ADJOURNED SESSION, A.T. - APRIL 4, 1988) 9:43 p.m. - Norman Cohen, Town. Counsel, assumed the posiion of Moderator. ARTICLE 23 - PARKING LOT OPERATION AND MAINTENANCE MOTION: That the sum of $80,000 be appropriated for parking lot operation and maintenance in the Town, passed and that such amount be transferred from Parking see below Funds. 9:43 p.m. - Presented by Leo McSweeney, Board of Selectmen. 9:45 p.m. - Capital Expenditures and Appropriations Committee state approval. There was discussion as to use of parking meter fees, their restrictions, and abatements to leasing property owners. Following a voice vote, the Moderator declared the motion to have passed at 9.56 p.m. Mrs. Battin resumed the position of Moderator. ARTICLE 24 - WESTVIEW CEMETARY DEVELOPMENT MOTION: That the sum of $60,000 be appropriated for the development of Westview Cemetery, and to raise such amount $60,000 be transferred from the Westview passed Cemetery Sale of Lots Fund. see below Notice of Reconsid. 9:57 p.m. - Presented by Leo McSweeney, Board of Selectmen. see below 9:58 p.m. - Capital Expenditures and Appropriations Committee spoke in favor. Following a voice vote, the Moderator declared adoption at 10 :00 p .m. ARTICLE 25 - EXHAUST SYSTEM MOTION: That the sum of $50,000 be appropriated to purchase and install exhaust fan systems at the passed Public Works Building, and that such amount be raised see below in the tax levy. 10 :01 p.m. -- Presented by Leo McSweeney, Board of Selectmen. 10 :02 p.m. - Capital Expenditures and Appropriations Committees recommended approval.. 10.03 p.m. - Robert Rotberg, Pr.. 3, served Notice of Reconsideration on Article 24. Following a. voice vote, the Moderator declared the motion to be unanimously adopted at 1.0 :03 p.m. (ADJOURNED SESSION, A.T.M.,CONT. - APRTL 4, 1988) ARTICLE 26 - FIRE STATION REROOFING MOTION: That the sum of $60,000 be appropriated to passed reconstruct and make extraordinary repairs to the see below roof and .-utters of the fire stations, including the repointing of brick, and that such amount be raised in the tax levy. 10-04 p.m. - Presented by Leo McSweeney, Board of Selectmen. 10:05 p.m. - Capital Expenditures and Appropriations Committee expressed approval. Following a voice vote, the Moderator declared a unanimous adoption at 10.07 p.m. --------------- ARTICLE 27 - FIRE TRUCK REHABILITATION MOTION: That the sum of $35,000 be appropriated to rehabilitate Eire Engine #2, and that such amount be passed raised in the tax levy, see below 10:06 p.m. - Preson.ted by Leo McSweeney, Board of Selectmen. 10:09 p.m. - Capital Expenditures and Appropriations Committees recommended favorable action. Following a voice vote, the Moderator declared a unanimous adoption at 10:11 p.m. ------------- ARTICLE 28 - TENNIS COURT RESURFACING MOTION: That the sum of $90,000 be appropriated to Postponed reconstruct and rehabilitate the Center Playground see p.200 tennis courts as determined by the Recreation Committee with the approval of the Board of Selectmen, and that such amount be raised in. the tax levy. 10:11 p.m. - Presented by Leo McSweeney, Board of Selectmen, who asked for postponement to April 6. Following a voice vote at 10:11 p.m., the Moderator declared Article 28 postponed until April 6. ----------------- ARTICLE 29 - PROPERTY VALUE UPDATE MOTION: That the sum of $92,000 be appropriated to postponed revalue real and personal property in the Town, and that such amount be transferred from the Unreserved see p.201 Fund Balance. 10:12 p.m. - Presented by Paul Marshall, Board of Selectmen, who asked for postponement to April 6. Following a voice vote at 10:12 p.m., the Moderator declared Article 29 postponed until April 6. -------------- (ADJOURNED SESSION, A.T.M - APRIL 4, 1988) ARTICLE 30 - CARY LIBRARY BUILDING RENOVATIONS MOTION: That the sum of $125,000 be appropriated to passed remodel, reconstruct and make extraordinary repairs see below to Cary Memorial Library and for additional library equipment, and to raise such amount $59,000 be transferred from the Reserve Fund - Overlay Surplus and $66,000 be raised in the tax levy. 10:13 p.m. - Presented by William Dailey, Jr., Board of Selectmen. 10:16 p.m. - Capital. Expenditures, Appropriatons Committee, and School Committee recommended support. Following a voice vote, the Moderator declared a unanimous adoption at 10:19 p.m. ARTICLE 31 - LEXPRESS MINI -BUS MOTION: That the sum of $237,000 be appropriated for a local transportation system, that such amount be postponed raised in the tax levy, and that the Selectmen be see p. 220 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. 10:20 p.m. - Presented by John Eddison, Board of Selectmen, who asked for postponement to April 11. Following a voice vote at 10:22 p.m., the Moderator declared postponement of Article 31 to April 11. ARTICLE 32 - HAZARDOUS WASTE COLLECTION MOTION: That the sum of $30,000 be appropriated for a contract with a licensed hazardous wastes transport, storage and disposal company or by other passed methods to collect and dispose of residential see below 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. 10:22 p.m. - Presented by Jacquelyn Smith, Board of Selectmen. 10 :27 p.m. - Appropriations Committee and Conservation Commission recommended favorable action. There was discussion as to expanded programs to meet needs. Following a voice vote, the Moderator declared unanimous adoption at 10 :36 p.m. 10 :36 p.m. - John Eddison, Board of Selectmen, moved that the meeting be adjourned until April 6 at 8 p.m. 199 (ADJOURNE SESSION, A.T.M. ,CQNJ". -- APRIL 4, 1988) The Moderator presented the following schedule: Articles 28, 29, 47 on April 6; Articles 22, 31 on April 11; Articles 33, 34 on 4ril 13; Article 36 on April 27. At 10°37 p.m. the Moderator declared the meeting adjourned until April 6e A true copy. Attest: 1 / Bernice H. Fallick, Town Clerk ADJOURNED SESSION - 1988 ANNUAL TOWN MEETING APRIL 6, 1988 The meeting was called to order by Moderator Margery M. Battin at 8:00 p.m., in Cary Memorial Hall. There were 180 Town Meeting Members present. (197 membership) 8:01 p.m. - The invocation was offered by Reverend Brian Dixon, First Baptist Church. 8:01 p.m. - The Moderator declared a formal recess. Paul Newman, School Committee, honored the Varsity Boys Basketball Team for their achievements. 8:07 p.m. - The Meeting was called to order. The Moderator spoke of procedural matters. ARTICLE. 2 - REPORTS 8:10 p.m. - Carolyn Wilson, Recreation Committee, Lincoln Street Subcommittee, presented an update. 8,14 p.m. - Angela Frick, Conservation Commission, announced the intent to table Article 36, Pine Meadows, in order to allow it to come up earlier if necessary. 8 :16 p.m. - John Sackton, Central America Sister City Committee, requested that the report be accepted and placed on file. He introduced Martin Diskin to present information on the report. Following a voice vote at 8 :26 p.m., the Moderator declared the report accepted and placed on file. 8:27 p.m. - Stanley Finkelstein, Board of Health, stated the intent to bring up Article 50, Smoking in Public Places By -law, out of order. Esther Arlan, TMMA, requested dues payment and stated the decision of TMMA to contribute to the library upon the death of fancily of TMMA members. Martha Wood, Planning Board, commented on Article 43, and the intent to postpone so that revisions regarding the traffic signal could be made by the owners of the property. ARTICLE 28 - TENNIS COURT RESURFACING MOTION: That the sum of $90,000 be appropriated to reconstruct and rehabilitate the Center Playground tennis courts as determined by the Recreation passed Committee with the approval of the Board of see below Selectmen, and that such amount be raised in the tax levy. 8:29 p.m. - Presented by Leo McSweeney, Board of Selectmen. Donald Chisholm, Recreation Committee, gave the history. 8 :34 p.m. - Capital Expenditures and Appropriations Committee recommended favorable action, as did School Committee. Following a voice vote at 8:37 p.m., the Moderator declared unanimous adoption. ------- -- - - - - -- 2 0 (ADJOURNED SESSION, A.T.M., APRIL 6, 1988, CONT.) ARTICLE 29 - PROPERTY VALUE UPDATE MOTION: That the sum of $92,000 be appropriated to revalue real and personal property in the Town, and passed that such amount be transferred from the Unreserved see below Fund Balance. 8:37 p.m. - Presented by Paul Marshall who gave the history. 8:41 p.m. - Robert Leone, Chairman of the Board of Assessors, gave further explanation and the intent to bring the commercial assessment in house and improve the quality of the data. 8:48 p.m. - Appropriations Committee urged passage. Following a voice vote at 8:57_ p.m., the Moderator declared unanimous pa- ssage. 8:50 p.m. - Paul Marshall, Board of Selectmen, moved to take Article 47 out of order. Following a voice vote at 8:50 p.m., the Moderator declared Mr. Marshall's motion accepted. ARTICLE 47 - HOME RULE PETITION - ABATEMENT FILING EXTENSION MOTION: To see if the Town will vote to petition the General Court for an act to permit certain. property passed owners in the East Lexington section to apply after see below the deadline for real estate tax abatements for Fiscal Year 1987; or act in any other manner in relation thereto. 8:51 p.m. - Presented by Paul Marshall, Board of Selectmen. 11Iap 21 property data was incorrect and there is no statutory provision available for 1987 rebatements which amount to $10,275.97. 8 :54 - Appropriations Committee recommended approval. Following a voice vote at 8:54 p.m., the Moderator declared Signed by unanimous approval. Governor April 26, 1989 ARTICLE 33 - PARKING STUDY - LEXINGTON CENTER 8:54 p.m. - Presented by John Eddison, hoard of Selectmen, who moved to postpone to Wednesday, April 13. postponed Following a voice vote at 8:54 p.m., the Moderator declared see p.223 postponement to Wednesday, April 13. `02 (ADJOURNED SESSION, A.T.M., APRIL 6, 1988, CONT.) ARTICLE 34 DESIGN PLAN - LEXINGTON CENTER postponed 8 :55 p.m. Presented by John Eddison, Board of Selectmen, who see p. 224 moved to postpone to Wednesday, April 13. as passed see p. 225 Following a. voice vote at 8 :55 p.m., the Moderator. declared Notice of Recons. Postponement to Wednesday, April 13. p.225 motion to Recons. not passed p. 276 ARTICLE 35 TRAFFIC SIGNALS 8 :56 p.m. - Vicky Schwartz, Pr.3, moved to postpone to Wednesday, April 13. postponed see p.227 Following a voice vote at 8:56 p.m., the Moderator declared postponement to Wednesday, April 13. ARTICLE 36 - PINE MEADOWS GOLF COURSE 8 :56 p.m. - John Eddison, Board of Selectmen, moved to table. tabled Following a voice vote at 8:57 p.m., the Moderator declared Article 36 tabled. passed see p.266 ARTICLE 37 - CONSERVATION PURCHASE - LOWER VINE BROOK MOTION: That this article be indefinitely postponed, 8 :57 p.m. - Presented by Angela Frick, Conservation Commission. Mrs. Frick told the Meeting that the land in question had already been. sold for commercial development. Indef. Post. Following a voice vote at 8 :57 p.m., the Moderator declared Indefinite Postponement. ARTICLE 38 - ZONING BY.-LAW, TECHNICAL CORRECTIONS 8.58 p.m. Karsten Sorenson, Planning Board, moved that the report be accepted and place on file. Following a voice vote at 8 :58 p.m., the Moderator declared the report accepted and placed on file. MOTION: That the Zoning By-Law of the Town be amended as scat forth in the motion entitled Motion for the Town Clerk which is attached to the Planning Board's Report on this proposed amendment. 9 :00 p.m. - Presented by Karsten Sorenson. 2 W� i,ADJOURNLD SESSION, A.T.M. CONT. - APRIL 6, 1988) ARTICLE 38 ZONING BY-LAW, TECHNICAL CORRECTIONS MOTION FOR TOWN CLERK (Does not Contain Explanatory Material Included in the Planning Board Report) Motion- That tile Zoning by-Law be amended in various sections, as follows: Amendment- I - A 1) In Section 2, DEFINITIONS, by adding a new definition, in the proper alphabetical sequence, as iollows: "DEVELOPMENT REGULATIONS: Tile document adopted, and amended from time to time by the Planning Board, containing various regulations, procedures, standards and lees for actions which the Planning board uses in dealing with subdivision control, zoning and other matters relative LO tesideuLiai and commercial development in Lexington."; and By striking out the existing definition "RULES AND REGULATIONS" in its entirety; and In subparagraph 9.3.1 in the first sentence by striking Out the words "Ruies arid Regulations Governing the Subdivision of Land" and in the second sentence by striking Out the words "Rules and kegUla- Lions" arid by inserting in place thereof i,n eact, location the words "DeveiopmeriL Regulations"; in subparagraph 9.4.3 in the second sentence, by striking out the words "Rules and Reguia-tions" and by inserting in place thereof Lite words "Development Regulations" Amendment 2) in Section 2, DEFINITIONS, FAMILY, Ill the second sentence, by adding, at the end, the words: "; any roomer, not so related, living in the dwelling unit shall be included -in deteritin- i-ng the number of unrelated individuals" so that the sentence, as amended, will read: "For purposes of controlling residential density, not more than four unrelated individuals shall constitute a family; any roomer, not so related, living in the dwelling unit shall be. included in determining tile. number of unrelated individnal.s." A 3) In Section 2, DEFINITIONS, FRONTAGE, LOT, by deleting the words "could provide for vehicular access from a principal building or a required parking space" kind by inserting in place thereof the words. "can provide the physical access to a principal building on the Jot, in compliance with applicable by -laws regulations or laws, for motor vehicles to reach required off-street parkir-1g spaces or loading buys, and for emergency services such as fire protection or ambulance service, and for other vehicles to gait, access to Lite principal building for deliveries, such as mail.." so that the definition, as amended, will read: "FRONTAGE, LOT. The continuous portion of tile line separating a iot from a street to which the owner of the Lot can provide the physical access to a principal building on the Jot, in compliance with applicable by-laws, regulations or laws, for motor vehicles to reach required off- street parking; spaces or loading bays, arid for emergency services such as tire protection or ambulance service, and for oLher venictes to gain access to the principal buiiding for deliveries, such as mail." ' A 4) In Section 2, DEFINITIONS, STREET, ROAD OR WAY in subpara- g rap h b by adding the words: "and constructed in accordance with sucii plan" after the words "Control Law" so that the deliniLion, as amended, will read. "b. A way shown. on a plan theretofore approved and endorsed in accordance wich the Subdivibon Control Law and constructed iji accordance with such plan; or" 20, , h &ADJOUINED SLSSJ,ON, rs »T.iJt., CONT. - APRIL 6, IWO rl `5) In Sec.t,on 2, DEF fNfT1ONS, STRUCTURE, by adding at the end the words: "; but not including paved surfaces such as a driveway, a walk or za patio'' so that the definition, as amended, will read: "S'TR'UCTURE: Anything constructed or erected, the use of which requires a fixed location on the ground, or attachment to something located on the ground, including buildings, mobile homes, bill- boards, tanks or the like, or parts thereof, and swimming pools; but not including paved surfaces such as a driveway, a walk or a patio.'' -, A 6) to Section 2, DEFINITIONS, TEMPORARY STRUCTURE, by striking Out the word "shanty" and inserting in place thereof the word „ sued" and by adding the words: ", or such other time period as may be specified in this By-law so that the definition, as amended will read: "TEMPORARY STRUCTURE: 'rent, construction shed; or similar portable or demountable structure intended for continuous use for not longer than one year, or such other time period as may be specified in this By-law.'' Tn Section 2, DEFINITIONS, 'TEMPORARY USE, by deleting the word "calendar" before the word "yeas" and by adding the words: ", or such other time period as may be specified in this By -law" so that . the definition, as amended will read: "TEMPORARY USE: Use, operation or occupancy of a parcel of Tared, building or structure for a period not to exceed one year, or such other time period as may be specified in this By- law." A,7), to subsection 3.2 which deals with the Board of Appeals authority to grant a variance or to decide an appeal aggrieved by a decision of the building commissioner, by adding a new paragraph, as follows: "3.2.3 PROCEDURES FOR APPEALS AND VARIANCES The procedures for an appeal brought under paragraph 3.2.1 or for a petition for a variance filed under paragraph 3.2.2 shall be the same as those for a petition for a special permit or a. special permit with site plan review as set forth in subparagraphs 3.5,1.1 (information required), 3.5.1.2 (acceptance of applica- tion), 3.5.1 first sentence only (SPCA procedures), and 3.5.4 (extension of time for action, leave to withdraw), except where- 1) Chapter 40A, The Zoning Act, may provide for different time periods or other procedures than those for an appeal or a variance or 2) the context of the appeal or the petition for the variance are clearly different given the substance of the appeal or the petition. ['a petition for a variance shall state the. section, paragraph or line for which the variance is sought, what would need to be pro- vided to comply with this Sy- law, what the petitioner proposes, spelled out in specific terms, and the difference between what is required and what is proposed.'' A 8 ) In subparagraph 3.5.1.1 which deals with application proce- dures for a special permit or special permit with site plan review, by adding a new second paragraph, as follows: "In the event a person seeks a special permit under more than one provision of this By -law as part of one building, or site develop- ment proposal, he /she shall file an application that clearly iden- tifies each provision of the by -law for which such special permit is sought. The SPCA may issue notice, conduct a hearing and issue a decision in a concurrent manner that does not require a separate application, notice, hearing and decision on each such special. permit, provided that it clearly identifies the separate provisions of the By -.law for which each special permit is sought or granted. In the event a person seeks a special permit and a variance as part of one building or site development proposal, he /she shall file a separate application for each and a separate decision shall be rendered for each. _(jQ!QUQUEQSSSSION, AoT.M., ONT. - APRIL 6 19N8) 9) In subparagraph 35,i.l, which deals with the information required to be submitted with an application for a special permit With Site plan review, by redesignating subparagraphs - e, f and g" to be "t, g and h" respectively; in the newly redesignated subparagraph "I by inserting the words. other than traffic impacts," after the word "impacts" in the second line, so that the subparagraph, as amended, will read: "f. if applicable, proposals for mitigating measures or the con- struction of improvements to deal with the impacts, other than traffic impacts, of the proposed development or to provide suffi- cient capacity in Town facilities or services; and'' and by inserting a new paragraph W, as follows. "e. if, applicable, n traffic study, and a proposal for mitigating measures to improve capacity or for trip reduction programs, if any, as described in Section W," A Qj 19 subparagraph 3.6.1 g. Y), which deals with information to be included in a preliminary site development plan, by inserting the words: "and, it applicable, net floor area,..." before the words "of all non-residential buildings" so that the line, as amended, will read: 0) gross floor area and, it applicable, net floor area, of all non- residential buildings;" ; ,111 in subparagraph 4.10 by striking out the wording in the subparagraph beginning with "Y" and by inserting in place thereof: - Y YES: Permitted as of right provided however that all: 1) non- residential uses or developments with 10,000 square feet or more of gross floor area, including any existing floor area, but not including any floor area devoted to residen- tial use or to off-st•eet parking or loading, or 2) all residential uses or developments with three or more dwelling units, or their equivalent, including any existing dwelling units, are not permitted as of right but are allowed only upon the grant- lug of a special permit with site plan review (SYS);" In subparagraph 12.1.2, which deals with the requirement for a traffic study and a special permit with site plan review, by strik- ing out the first seven lines up to the words: "unless a special permit...." and by inserting in piace thereof the words: - 12.1.2 No building permit shall be granted for the erection of a new building or the enlargement of an existing building with the result that: 1) there are 10,000 square feet or more of gross floor area on the lot, including any existing floor area, but not includ- ing any floor area devoted to residential use or to off- street parking or loading, or 2) there are 50 or more dwelling units, or their equivalent, in a development, including any existing dwelling units, unless a special permit with site plan review has been granted (remainder unchanged) A 12) In Table 1, PERMITTED USES AND DEVELOPMENT STANDARDS, in line I.IY by adding at the end the words "; may be located in a required yard setback if not otherwise feasible to locate 001 the lot" so that the fine, as amended, will read: "1.17 Temporary dweiling, which may include a mobile home, to be erected for a period of not more than one year to replace a permanent dwelling which has been damaged or destroyed by fire, natural catastrophe, or by demolition or substantial reconstruction; may be located in a required yard setback it not otherwise feasible to locate on the lot" A 13) In Table 1, PERMITTED USES AND DEVELOPMENT STANDARDS, in fine 1.24 by inserting the words -, residing in the dwelling" after the words professional person" so that the line, as amended will read: - 1.24 dome occupation, or office of a physician, dentist or other prolessional person, residing in the dwelling, provided there is no exterior evidence of the occupation and eachemployee is also a resident in the dwelliag;... (remainder Unchanged) .. ...... . .. . . v AI:YJCltJ1 <TdED SESSION < I T,i1_, C t)ti'1', - APRIL 6, 19 86) A 14) In subparagraph 7.7.1 by striking; out the first paragraph in its entirety and by inserting; in place thereof the following, "7.i.1 Each use, building or structure shall comply with the standards set torch in "Fable 2, Schedule of Dimensional Controls, except where specifically provided otherwise by this by- law, "; and by inserting a new subsection 7.1.4, as follows: ONE DWELLING PER LOT In an RD, RS, or RT district, not more than one dwelling, or other principal use, other that an agricultural use, shat) be erected on a lot unless specifically authorized by other provisions of this By-law. Each such lot shall comply with the minimum lot area, the minimum lot frontage, the minimum lot width and each dwelling or building containing another type of permitted principal. use shall comply with the requirements of Table 2." A 15) In subparagraph 1.9.2 a 1) by: (a) striking out the word "vegetated" and inserting in place thereof the word "freshwater" and (b) adding at the end of the clause the words: "or land located under a brook, creek, stream or river or pond or Lake," so Chat the wording, as amended, will read: "a wetland, which shall mean a "freshwater wetland" as defined in Chapter 131, Section 40, M.G.L. or land located cinder a brook, creek, stream or river or pond or lake," A 16) In subparagraph 9.3.2 in the second sentence, which deals with the distance at which two new streets may intersect with a public street, by striking out the number "100" feet and inserting in place thereof the number "125" feet. A 17) In subparagraph 11.7.5. which deals with the marking and delineation of parking spaces and loading bays, in.tlte first sen- tence, by adding at the end the words: ", and signs shall be i erected indicating that Loading bays, and if necessary, compact or other reserved parking spaces, are reserved for such use." so that the sentence, as amended, will read: "In a parking lot or loading, area, the surface of the parking lot or loading area shall be painted, marked or otherwise delineated so that the location of the parking spaces and loading bays is apparent, and signs shall be erected indicating that loading bays, and if necessary, compact or other reserved parking spaces, are reserved for such use." A in subparagraph 12.2.3, in the second paragraph, which deals with determining; if a street or an intersection is likely to be affected by a development, by adding; the word "only" after the words "in the case of an intersection" so that the affected part of Me sentence, as amended, will read "2) in the case of an intersec- tion only, traffic from the proposed development will add 5 percent or more to the approach volumes." A 19) In subparagraph I ®2.4 I, in the first sentence, which deal: with proposed mitigating measures or trip reduction programs as part of a traffic study, by striking our the words "included in'' after the words "they shall be" in the second line and by insert - ing in place thereof the words: "proposed by the applicant and shall accompany..." so that the the sentence, as amended, will, read: "Where mitigating measures or trip reduction programs are. proposed, they shall be proposed by the applicant and accompany the traffic study at the time of filing of the application.'' A 20) In subparagraph 12.3.3, in the first sentecc:e in the first paragraph, which deals with traffic improvements that increase the traffic carrying; capacity oL an intersection or street, by adding the words ", or other method of positive traffic control, such as a traffic control officer," after the words "traffic. engineering improvements" at the end of the first line; in the second sentence by inserting the words: "or other method of traffic control" after- the words "such improvements" and after the words "traffic engineering improvement" so that the first para- graph, as amended will read: "The SPGA shall consider that various traffic engineering improve- ments, or other method of positive traffic control, such as a 71 LA�JOUILNED SESSION, A.1.111, , CONT. - APRJI 6, 1968) LU81tic control officer, can improve the Lralfic carrying capacity of an intersection or street and improve the level of service rating to a higher and acceptable value. The SPGA shatl consider such improvements, Or other method of traffic control, in its determination and may make a conditional determination that ad quate capacity is dependent Upon the construction of the traffic engineering improvement, or other method of traffic control.'' in subparagraph 12.3.3, in the second paragraph, which deals with the conditions which the Board of Appeals may impose with respect to traffic improvements that increase the traffic carrying capacity of an intersection: 1) at the end of the first sentence by adding the words: ", or o f the start of another method of positive traffic control, such as a traffic control officer, on a permanent basis" after the words traffic engineering improvement"; 2) at the end of the Lhe second sentence by inserting We Words. " or the execution of an agreement with the Town o ds f Lexingt for another method Of traffic control" after the wor "traffic engi- neering improvement" ; 3) by striking OUL the fourth sentence of the second paragraph and inserting In place Lhereof a new fourth sentence as set torch in the following description of the completely revised second paragraph; SO that the second paragraph, as amended will read. "The SPCA may make a condition of its approval of the special permit or special permit with Site plan review that the start, or any stage, of the construction of the development, or the occupancy thereof, is dependent UPOa the start or completion o f th t engineering improvement, or of the start of another method of positive traffic control, such as a Lraffic control officer, on a permanent basis. A conditional approval shall be dependent upon at least a start of the Physical construction of the traffic enginee lag improvemenL or the execution of an agreement with the Town of Lexington for another method of traffic control. Letters of sup- P ort, Or com mitment, Or approval, or the award of a contract are not considered as a start of construction. however, as the basis for making a Conditional determination of adequacy, the SVGA may consider as evidence, that the traffic carrying capacity will be improved to a higher level of service, such letters of s or commitment, or approval, or the award Of a contract for construe- Lion Of the traffic engineering improvement, or a proposed agree- ment with the Town of Lexington for another method of traffic control.'' LEXINGTON PLANNING BOARD BY: s/s Karsten Sorensen Karsten Sorensen (ADJOURNED SESSION, A.T.M., APRIL 6, 1988, CONT.) Mr. Sorensen gave an explanation and Martha Wood, Planning Board, continued the explanation. 9.18 p.m. - Martha Wood made the following motion: MOTION: in item A 11) in the part that amends subparagraph 4.1.2, of the Zoning By -law, in subparagraph 1.), in the third and passed fourth lines, by deleting the words "or loading" so see below that the third line, as amended, will read; " . . . . any floor area devoted to residential use or to off - street parking, or" in the part that amends subparagraph 12.1.2, of the Zoning By -law, in subparagraph 1), in the third line, by deleting the words "or loading" so that the third line, as amended, will read: . . . devoted to residential use or to off- street parking, or" Following a voice vote at 9 :20 p.m., the Moderator declared the motion to have been adopted. unanimously. 9 :21 p.m. - Ephraim Weiss, Pr.5, moved the following: MOTION: A 11 be deleted in its entirety. not passed Following a voice vote at 9:25, the Moderator declared the amendment to have not passed. More than 20 people rose to doubt the vote and a standing vote was tallied as follows: yes no Precinct 1 3 9 2 10 2 3 13 4 4 0 14 5 11 2 6 2 8 7 2 10 8 3 9 9 7 5 At large 0 18 Totals 51 81 At 9 :28 p.m., the Moderator declared the motion by Mr. Weiss not to have passed. Mrs. Wood continued the explanation of the Article. 9 :50 p.m. - Karsten Sorensen, Planning Board, made the following motion to correct a typographical error: MOTION: in item A 15 in the first line by striking out "'7.9.2 a" and inserting in place thereof passed see below ° 7.9.1 a" Following a voice vote at 9:51 p.m., the Moderator declared unanimous adoption. The Moderator stated that for purposes of voting, Article 38 would be divided and Section 20 would stand alone. Mrs. Battin called for a vote on Article 38, A 1 through A 19, as offered by Mr. Sorensen and as amended. (ADJOURNED SESSION, A.T.M. , APPRIL 6, 1988, CONT.) Following a voice vote as 9.59 polo. which was not unanimous, the Moderator called for a Standing Vote which was tallied as follows: yes 110 Precinct 1 12 1 2 16 2 3 16 (} 4 17 0 5 13 7 6 14 0 7 16 0 8 11 4 9 17 0 At large 19 0 Totals 157 8 At 10.02, the Moderator declared the motion adopted. See pages 210 -213 for Article 38 as amended and adopted. {ADJO IJkNls) S1SSION' l_1„ 1 , C:ONT1 _APR LL E, 1 968) ARTICLE 38 ZONING BY -LAW, TECHNICAL CORRECTIONS MOTION FOR TOWN CLERK Motion: That the Zoning By -Law be amended in various; suctions, as as amended follows: and adopted pnendmcnt 1 In Section 2, UL1TN TIO'NS, by adding a new Notice of ` °— '- ' — °� —'_ definit on, in the proper alphabetical sequence, as follows: Recons. "DEV E,NT REGULATIONS: The document adopted, and aiaended from Ud.'VI:LOPC i see p.214 to (ime by the Planning Board, containing various regulations, procedures, standards and fees for actions which the Planning Board uses in dealing with subdivision control, zoning and other matters relative to residential and commercial development in Lexington. "; and By striking out the existing definition "RliLES AND REGULATIONS" in its entirety; and In subparagraph 9.3.1 in Lhe first sentence by striking out the words "Rules and Regulations Governing the Subdivision of Land" and in t1'te second sentence by striking out the words "Rules and Regula- tions" and by inserting in place thereof in each location the words "Development Regulations "; in subparagraph 9.4.3 in the second sentence, by striking; out the words "Rules and Regula- Lions" and by asserting in place thereof the words - Development Regulations' Ame ndment 2 ) In Section 2, DE'F`INITIONS, FAMILY, in the second sentence, by ceding, at the end, the wards; "; any roomer, not so related, living in the dwelling unit shall be included in determin- ing the number of unrelated individuals" so that the sentence, as amended, will read: "For purposes of controlling; residential density, not more than four unrelated individuals shall constitute a family; any roomer, not so related, laving in the dwelling unit shall be included in determining; the number of unrelated individuals At3)3) in Section 2, DEFINITIONS, FRONTAGE, LOT, by deleting the words "could provide for vehicular access from a principal building or a required parking; space" and by inserting in place thereof the words: "can provide the physical access to a principal building on the lot, in compliance, with applicable by- Laws, regulations or laws, for motor vehicles to reach required off-street parking; spaces or loading bays, and for emergency services such as fire protection or ambulance service, and for other vehicles to gain access to the principal building for deliveries, such as mail." so that the definition, as amended, will react: "FRONTAGE, LOT: The continuous portion of the line separating a lot from a street to which the owner of the lot can provide the physical access to a principal building on the lot, in compliance with applicable by -laws, regulations or laws, for motor vehicles to reach required off- street parking spaces or loading;' bays, and for emergency services such as fire protection or ambulance service_, and for other vehicles to gain access to the principal building for deliveries, such as mail.'' AN In Section 2, DEFINITIONS, STREET, ROAD OR WAY in subpara- graph 'b by adding the words: "and constructed in accordance with such plan" alter the words "Control Law" so that the definition, as amended, will read: ° b. A way shown on a plan theretofore approved and endorsed in accordance with the Subdivison Control Law and constructed in accordance with such plan; or" (ADJOURNED SL� §lo,�, , _M., A In Section 2, I)EFINiTIONS, STRUCTURE, by adding at the end the 7words: "; but not including paved surfaces such as a driveway, a walk or a patio" so that the definition, as amended, will read: "STRUCTURE: Anything constructed or erected, the use of wl:jclj requires a fixed location on the ground, or attachment to Something located on the ground, including buildings, mobile homes, bill- boards, tanks or the like, or par LS thereof, and swimming pools; but not including paved surfaces such as a driveway, a walk or I patio." A 6) 111 Section 2, DEFINITIONS, TEMPORARY STRUCTURE, by striking out the word " "shanty" and inserting in place thereof the word "' shed" and by adding the words: ", or such other time period as may be specified in this by-law" So that the definition, as amended will read: "TEMPORARY STRUCTURE: Tent, construction shed; or similar portable or demountable Structure inCended for continuous use for not longer than one year, or such other time period as may be specified in this by -lam . In Section 2, DEFINITIONS, TEMPORARY USE, by deleting tile word .. calendar" before the word "year" and by adding the words: ", or such other time period as may be specified In this By -law" so that the definition, as amended will read: "TEMPORARY USE: Use, operation or occupancy of a parcel of land, building or structure for a period not to exceed one year, or such other Lime period as may be specified in this By -law." A 6 111 subsection 3.2 which deals with the Board of Appeals authority to grant I vari<,nce or to decide an appeal aggrieved by a decision of the building commissioner, by adding a new paragraph, as follows: "3.2.3 PROCEDURES FOP, APPEALS AND VARIANCES They procedures for an appeal brought under paragraph 3.2.1 or for a petition for a variance filed under paragraph 3.2.2 shall be tile same as Lhose for a Petition for LL Special- permit or a Special permit with site plan review as set forth in subparagraphs 3.5.1.1 (information required), 3.5.1.2 (acceptance of applica- tion), 3.5.2 first sentence only (SPGA procedures), and 3.5.4 (extension of time for action, leave to withdraw), except where. l) Chapter 40A, Tile Zoning Act, may provide for different time periods or other procedures than those for an appeal or a variance or 2) the context of the appeal or the petition for the variance are clearly diiierLLiL given the substance of the appeal or Lhe petition. A petition for a variance shalt state the section, paragraph or line for which the variance is , ought, what would need to be pro- vided to comply with this By- law, what the petitioner proposes, spelled out in specific terms, and the difference between what is required and what is proposed." A 8) 111 subparagraph 3.5.1.1 which deals with application proce- dures for a special permit or special. permit with site plan review, by adding a new second paragraph, as follows: "In the event a person seeks a special permit under more than one provision of this By-law as Part of une building or Site develop- ment proposal, he/she shall file all application that clearly iden- tifies each provision of tile By-law for which such special permit is sought. The SPCA may issue notice, conduct a hearing and issue a decision in a concurrent manner that does not require a separate application, notice, hearing and decision on each such special permit, provided that it clearly identifies the separate provisions of the by-law for which each special permit is sought or gran Led. In the event a person seeks a special permit and ;:I variance as part of one building or site development proposal, he/she shall file a separate application for each and a separate decision shall be tendered for each. (ADJOURN' D 5tsSS1:Ci1V, A CO N'S'. APRIL 6, 1966) A 9) In subparagraph 3.5.1,1, which deals with the information required to be submitted with an application for a special permit with site plan review, by redesignat,ing subparagraphs "c, f and to be "f, g and lc" respectively; in the newly redesignated subparagraph "f" by inserting the words: other than traffic impacts," after the word "impacts" in the second line, so that the subparagraph, as amended, will read: "i. if applicable, proposals for mitigating measures or the con - struccion of improvements to deal with the impacts, other than traffic impacts, of the proposed development or to provide su3ii- cient capacity in Town facilities or services; and" and by inserting a new paragraph "c ", as follows: e. if, applicable, a traffic study, and a proposal for mitigating measures to improve capacity or for trip reduction programs, if any, as described in Section 12," A 1.0) In subparagraph 3.6.1 g. 7), which deals with information to be included in a preliminary site development plan, by inserting the words: "and, if applicable, net floor area,..." before the words "of all non- residential buildings so that the lane, as amended, will read: "7) gross floor area and, ii applicable, net floor area, of all non- residential buildings;" ; A 1!) in subparagraph 4.1.2 by striking out the wording in the subparagraph beginning with "Y" and by inserting in place thereof: "Y YES: Permitted as of right provided however that all: l) non - residential uses or developments with :10,000 square feet or more of gross floor area, including any existing floor area, but not including any lloor area devoted to residen- tial use or to off-street parking, or 2) all residential uses or developments with three or more dwelling units, or their equivalent, including any existing dwelling units, are not permitted as of right but are allowed only upon the grant - a special omit with site plan review S i.ng Of ;. permit p ( , in subparagraph 1''2`.1.2, which deals with the requirement for a traffic study and a special permit with site plan review, by striK- ing Out the first seven lines up to the words: "unless a special permit...." and by inserting in place thereof the words: "12.1.2 No building permit sha:l.l be granted for the erection of a new building or the enlargement of an existing building with the result that: 1) there are 10,000 square feet or more of gross floor area on the lot, including any existing floor area, but not includ- ing any floor area devoted to residential use or to off- street parking, or 2) there are 50 or more dwelling units, or their equivalent, in a development, including any existing dwelling units, unless a special permit with site plan review has been granted (remainder unchanged) A 12) In `fable 1, PERMITTED USES AND DEVELOPMENT STANDARDS, in line 1.17 by adding at the end the words "; may be located in a required yard setback if not otherwise feasible to locate on the lot" so that the Line, as amended, will read: 4.0 Temporary dwelling, which may include a mobile home, to be erected for a period of not more than one year to replace a permanent dwelling which has been damaged or destroyed by fire, natural catastrophe, or by demolition or substantial reconstruction; may be located in a ' required yard setback if not otherwise feasible to locate on the lot" A 1S) In Table 1, PERMITTED USES AND DEVELOPMENT STANDARDS, in line 1.24 by inserting the words ", residing in the dwelling" after the words professional person" so thaL the line, as amended will read: "1.24 Home occupation, or office of a physician, dentist or other professional person, residing in the dwelling, provided there is no exterior evidence of the occupation and eachemployee is also a resident in the dwelling;..." (remainder unchanged) 2� I,AJJJGUMNED SESSION, A.TA C'ONT. - idlk,"jl, 6, 1()86) A 14) '117 subparagraph /.I.j by striking 011 L11 f irst pa ragraph in 3ts entirety and by inserting in place thereof the following: ""i - I . i Each use, building or structure. Shall comply with th Standards set forth in Table 2, Schedule of Dimensional C on t ro l s, except where specifically provided Otherwise by this BY and by inserting a new subsection 7.1.4, as f o ll ows: 7. . 4 ONE DWELLING PEk LOT fil an R0, RS, or WE district, not more than one dweiij.ut or other principal use, other than an agricultural use, Shall be erected on a lot unless specifically authorized by other provisions of this By Lach such lot stlaii comp w i t h the minimum l ot area, the minimum Lot frontage, the Minimum lot width and each dwelling or building containing another type of permitted principal use shall comply with the requirements of Table 2." A 15) In subparagraph 7-9.1. a 1) by. - out (a) striking the word vegetated" and inserting in place thereof the word "freshwater" and (b) adding at the end of the clause the words-. "or land located under a brook, creek, stream or river or pond or so th th wording, as amended, will read: "a wetland, which shall mean a "freshwater wetland" as defined in Chapter 131, Section 4U, M.G.L. or land located under a brook, creek, stream or river or pond or l ake ," A 16) In subparagraph 9.3.2 in tile Second sentence, which deals with the distance at which two new streets may intersect With a public street, by striking out the number "100" feet and inserting, in place thereof the number 125" feet. 21 17 - ) In subparagraph which deals with the marking and deli of parking spaces and loading bays, ill the first son- rence, by adding at the end the words: " , and signs shall be erected indicating that loading bays, and if necessary, compact or other reserved parking spaces, a r e reserved for such us so that the sentence, as amended, w-Lil read: "In a parking lot or loading urea, the surface of the parking lot or loading area shall. be painted, marked or otherwise delineated so Lhat the location of the parking Spaces and loading bays is apparent, and signs Shall be erected indicating that loading bays, and if necessary, compact, or other reserve( parking spaces, are reserved for Such use .- - A 16) in subparagraph 12.2.3, in tne second paragraph, which deals w ith determining rniirling it a street or an intersection is likely to be affected by a deveiOpmenL, by adding the word "Only" after the words "in the case of an intersvetjon,, so that the affected part or the sentence, as amended, will read - 2) in the case of an intersec- tion only, traffic. from Lhe proposed development will add 5 percent Or wore to the approach volumes." ' A 119) - In SUbparagicapti 12.2.4 i, in the first sentence, which deals k" r Proposed mitigating measures or trip reduction programs as part or a traffic study, by striking out the words "included in" after the words "they shall be" in the second fine and by insert- ing in place thereof the words: "Proposed by the applicant and Shall accOmPaflY..." SO that the tile sentence, as amended, will read: "Where Mitigating measures or trip reduction program., arc proposed, they shall. be proposed by the applicant and accompany the traffic study at the time of filing of the application." ------------------ ------------- (ADJOURNED SESSION, A.T.M., APRIL 6, 1988, CONT.) Martha Wood, Planning Board, moved that Section 20 be tabled. 10 :02 - Notice of Reconsideration was served on Article 38, 1 -19, by James McLaughlin, Pr. 8. see p. 221 Following a voice vote at 10 :02 p.m., the Moderator declared Section 20 to have been tabled. 10 :03 - Stan Finkelstein, Board of Health, moved to take Article 50 out of order. Following a voice vote at 10.03 p.m., the Moderator declared the motion to have passed. ARTICLE 50 - GENERAL BY -LAW - SMOKING IN PUBLIC PLACES MOTION: That the General By -Laws of the Town of (see pages Lexington be amended as set forth in the motion filed 215 & 216) with the Town Clerk. as amended and passed Linda Roemer, Planning Board, presented an explanation. p.217 & 218 10;13 p.m. - Arthur Smith, Pr. 2, made the following motion: MOTION: in Section 8.3 a, the words "and except for rooms in which a beano game, social reception, or Passed fraternal_ or veteran's organization gathering is see below taking place" be removed. There was discussion for and against and further explanation. Following a voice vote at 10 :23 p.m., the Moderator declared the motion made by Mr. Smith to have passed. There was further lengthy discussion. 10 :48 p.m. - Stan Finkelstein, Board of Health, made the following technical correction: MOTION: to amend Sec. 8.7, to read; "Posting of the intera.7ational symbol for "No Smoking" be deemed as compliance with Section 8.3e of this by- passed law." see below Following a voice vote at 10 :49 p.m., the Moderator declared the amendment offered by Mr. Finkelstein to have been adopted. Questions were raised as to enforcement of Article 50. 10 :55 p.m. ._ Eric Clarke moved the question. Following a voice vote, the Moderator ruled that the question would now be put. Following a voice vote at 10:55 p.m., the Moderator declared (see pages Article 50 as amended to have passed. 217 & 218) Notice of Recons. 10.56 p.m. - Under Article 2, Michael O'Sullivan acknowledged the see below contributions of Richard White, Town Manager, and wished him well on his birthday. 10°57 p.m. - Notice of Reconsideration on Article 50 was served by John Taylor. 10 :58 p.m. - John Eddison, Board of Selectmen, moved adjourn until Monday, April 11, at 8 p.m. Following a voice vote, the Moderator declared the meeting adjourned until Monday, April 11, at 8 p.m. A true copy. Attest. Bernice H. Fallick, Town Clerk 215 MOTION FOR ARTICLE 50 MOTION: That the General By-Laws of the Town of Lexington be amended by adding a new Section 8 to Article XXVI thereof as follows: RESTRICTION OF SMOKING IN PUBLIC PLACES AND WORKPLACES did not pass amended Section 8.1 Finding and Purpose There exists substantial evidence that tobacco see p. 217 smoke causes cancer, heart disease and various lung as passed disorders. Increasing evidence further demonstrates that the harmful effects of tobacco smoke are not confined to smokers but also cause severe discomfort and in some cases illnesses to non-smokers. Therefore, the purpose of this by-law is the protection and promotion of public health. The successful implementation of this by-law requires a cooperative effort and mutual respect on the part of smokers and non-smokers and employers and employees. Section 8.2 Definitions For the purpose of this by-law the following definitions shall apply: a. Smoking means the lighting of or having in one's possession any lighted cigar, cigarette, pipe or other tobacco product. b. Public Place means any enclosed area of a structure or portion thereof in the town when such an area is open to and used by the general public, including but not limited to the following facilities: restaurants, pub-lie elevators, retail food outlets, museums, libraries, health care facilities, cafeterias, nursing homes, classrooms, lecture halls, dormitories, theaters, motion picture theaters, restrooms or lavatories, waiting rooms, public areas of banks, and entire rooms or halls in public buildings when used for public meetings. An entire room or hall when used for a private social function shall not be construed as a public place, nor shall. any private residence. c. Workplace means any enclosed area of a structure or portion thereof in the town in which three (3) or more employees perform services for their employer. The Workplace shall include any space or room, under the control of a public or private employer, which employees normally frequent during the course of employment including, but not limited to, work areas, offices, employee lounges and restrooms, conference rooms, and hallways. d. Designated Smoking Area means the area of a Public Place or Workplace designated by persons having control of the premises in which smoking is permitted. Such areas shall be designated so as to minimize exposure of non-smoking employees and the general public to smoking byproducts. Section 8.3 Restriction of Smoking in Public Places and Workplaces a. It shall be unlawful for any person to smoke in any Public Place except in restaurants, to the extent permitted under Section 7 of Article XXVI of the General By-Laws of the Town of Lexington and tinder regulations adopted by the Board of Health, and except for rooms in which a beano game, social reception, or fraternal or veteran's organization gathering is taking place. b. It shall be unlawful for any person to smoke in any Workplace except in specifically Designated Smoking Areas as described in Section 8.3d. ....... .... .. . .. ..... c. Each person having control of a Public Place may designate enclosed areas in which smoking is permitted provided that smoking in such designated areas will allow the non - smoking public to remain relatively free from exposure to smoke. d. Each employer may specifically designate enclosed areas in which employees may smoke provided that smoking in such designated areas will allow non- smoking employees and the public to remain relatively free from exposure to smoke. e. Each person having control of premises upon which smoking is prohibited by this by -law, or his or her agent or designee, shall conspicuously display upon the premises an appropriate number of signs reading "Smoking Prohibited by Law." f. It shall be unlawful for any person having control of any premises upon which smoking is prohibited by this by -law to knowingly permit, or for his or her agent to knowingly permit, a violation of this by -law. Section 8.4 Enforcement Any person having control of premises upon which smoking is prohibited by this by -law shall be held to have knowingly permitted a violation if on at least three (3) separate occasions, one or more people are observed smoking upon said premises, other than in Designated Smoking Areas. Section 8.5 Restaurants Restriction of smoking in Lexington restaurants is covered by Section 7 of Article XXVI of the Town of Lexington General By -Laws and by Health Regulations. Section 8.6 Pen alties a. Any person having control of a Public Place or Workplace who fails to comply with these by -laws shall be subject to; (1) a fine of up to two hundred dollars ($200.00) for each day of non - compliance; and (2) suspension of any license issued by the Town of Lexington for any such Public Place for a period of up to two (2) days for each day of non- compliance. b. Any person who smokes in violation of this by -law shall be subject to a fine of not less than twenty -five dollars ($25.00) nor more than fifty dollars ($50.00) for each offense. Section 8.7 Posting Posting of the international symbol for No Smoking" shall be deemed as compliance with Section 3d of this by -law. Section 8.8 Seve If any provision of this by -law is declared i_nvali.d., the other provisions thereof shall not be affected. Section 8.9 Other Applicable L This by -law shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable health, safety or fire codes, regulations or statutes. MOTION FOR ARTICLE 50 MOTION: That the General By-Laws of the Town of Lexington be amended by adding a new Section 8 to Article XXVI thereof as follows: RESTRICTION OF SMOKING IN PUBLIC PLACES AND WORKPLACES as passed Section 8.1 Finding and Purpose There exists substantial evidence that tobaccco smoke causes cancer, heart disease and various lun Approved by disorders. Increasing evidence further demonstrates Atty. Gen - that the harmful effects of tobacco smoke are not July 28, 1988 confined to smokers but also cause severe discomfort and in some cases illnesses to non-smokers. Therefore, the purpose of this by-law is the protection and promotion of public health. The successful implementation of this by -law requires a cooperative effort and mutual respect on the part of smokers and non-smokers and employers and employees. Section 8.2 Definitions For the purpose of this by-law the following definitions shall apply: a. Smoking means the lighting of or having in one's possession any lighted cigar, cigarette, pipe or other tobacco product. b. Public Place means any enclosed area of a structure or portion thereof in the town when such an area is open to and used by the general public, including but not limited to the following facilities: restaurants, public elevators, retail food outlets, museums, libraries, health care facilities, cafeterias, nursing homes, classrooms, lecture halls, dormitories, theaters, motion picture Cheaters, restrooms or lavatories, waiting rooms, public areas of banks, and entire rooms or halls in public buildings when used for public meetings. An entire room or hall.. when used for a private social function shall not be construed as a public place, nor shall any private residence. c. Workplace means any enclosed area of a structure or portion thereof in the town in which three (3) or more employees perform services for their employer. The Workplace shall include any space or room, under the control of a public or private employer, which employees normally frequent during the course of employment including, but not limited to, work areas, offices, employee lounges and restrooms, conference rooms, and hallways. d. Designated Smoking Area means the area of a Public Place or Workplace designated by persons having control of the premises in which smoking is permitted. Such areas shall be designated so as to minimize exposure of non-smoking employees and the general public to smoking byproducts. Section 8.3 Restriction of Smoking in Public Places and Workplaces a. It shall be unlawful for any person to smoke in any Public Place except in restaurants, to the extent permitted under Section 7 of Article XXVI of the General By-Laws of the Town of Lexington and under regulations adopted by the Board of Health. b. It shall be unlawful for any person to smoke in any Workplace except in specifically Designated Smoking Areas as described in Section 8.3d. c. Each person having control of a Public Place may designate enclosed areas in which smoking is permitted provided that smoking in such designated areas will allow the non - smoking public to remain relatively free from exposure to smoke. d. Each employer may specifically designate enclosed areas in which employees may smoke provided that smoking in such designated areas will allow non- smoking employees and the public to remain relatively free from exposure to smoke. e. Each person having control of premises upon which smoking is prohibited by this by -law, or his or her agent or designee, shall conspicuously display upon the premises an appropriate number of signs reading "Smoking Prohibited by Law." f. Tt shall be unlawful for any person having control of any premises upon which smoking is prohibited by th.i.s by -law to knowingly permit, or for his or her agent to knowingly permit, a violation of this by -law. Section 8.4 Enforcement Any person having control_ of premises upon which smoking is prohibited by this by -law shall be held to have knowingly permitted a violation if on at least three (3) separate occasions, one or more people are observed smoking upon said premises, other than in Designated Smoking Areas. Section 8.5 Restaurants Restriction of smoking in Lexington restaurants is covered by Section 7 of Article XXVI of the Town of Lexington General By -Laws and by Health Regulations. Section 8.6 Penalties a. Any person having control of a Public Place or Workplace who fails to comply with these by -laws shall be subject to; (1) a fine of up to two hundred dollars ($200.00) for each day of non - compliances and (2) suspension of any license issued by the Town of Lexington for any such Public Place for a period of up to two (2) days for each day of non- compliance. b. Any person who smokes in violation of this by -law shall be subject to a fine of not less than twenty -five dollars ($25.00) nor more than fifty dollars ($50.00) for each offense. Section 8.7 P Posting of the international symbol for "No Smoking" shall be deemed as compliance with Section 8 ®3e of this by -law. Section 8.8 Severab If any provision of this by -law is declared invalid, the other provisions thereof shall_ not be affected. Section 8,9 Other Appli Laws This by -law shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable health, safety or fire codes, regulations or statutes. ADJOURNED SESSION - 1988 ANNUAL TOWN MEETING APRIL 11, 1988 The meeting was called to order by Moderator Margery M. Battin at 8:00 p.m., in Cary Memorial Hall. There were 184 Town Meeting Members present. 8:01 p.m. The invocation was offered by Peter Meek, of the Hancock United Church of Christ. The Moderator asked for a moment of silence in memory of Frank Parrish, who Had served with the Trustees of the Public. Trust, Board of Retirement, and the Appropriations Committee. 8:02 p.m. - A formal recess was declared. Al Zabin, School Committee, introduced Jeff Leonard and award winning jazz musicians for recognition by Town Meeting, 8:09 p.m. - The Moderator recalled the members and spoke of procedural matters. ---------- ARTICLE 22 STREET ACCEPTANCE AND CONSTRUCTION amended MOTION: That the Town establish as a town way see below and accept the layout of as a town way Philip Reconsidered Road a distance of 1500 feet, more or less, from see p.228 Rockville Avenue to Worthen Road East as laid out as passed by the Selectmen, as shown upon plans on. file in. see p. 228 the office of the Town Clerk, dated December 21, 1987, subject to the assessment of betterments or otherwise; 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 $80,000 be appropriated for such land acquisition, construction, alteration and reconstruction as is necessary, and that such amount be raised in the tax levy. 8:11 p.m. - Presented by William Dailey, Jr., Board of Selectmen, who then gave the history. 8:18 p.m. - Capital Expenditures Committee and Appropriations Committee recommended approval.. There was discussion for and against. 8:37 p.m. - Joy Buchfirer, Pr3, made the following motion: MOTION: The motion under Article 22 be amended passed by striking the words see below subject to the assessment of betterments or otherwise. There was discussion for and against, with the Board of Selectmen expressing opposition. Following a voice vote at 8:41 p.m., the Moderator declared the motion to amend to have carried. Discussion ensued as to effects on appropriations, free cash., bond releases, and precedent setting as to street acceptances. Following a voice vote at 8:56 p.m., the Moderator declared the motion as amended to have passed. 1 61JOURNED SESSION, A.T.M., CONT. - APRIL 11, 1988) Notice of Reconsideration was served by William Dailey, Board of Selectmen. Sohn Hayward, Pry, rose to doubt the vote. However, an insufficient number of Town Meeting members concurred, and the vote as called by the Moderator prevailed. ARTICLE 2 - REPORTS 8 :57 p.m. - James McLaughlin, Pr8, urged that this type of street problem not occur again. ARTICLE 31 - LEXPRESS MINI -BUS TRANSPORTATION SYSTEM MOTION: That the sum of $237,000 be appropriated for a local transportation system, that such amount be raised in the tax levy, and that the Selectmen be authorized to apply for, accept and expend funds from passed the M.B.T.A. or any other governmental agency in see below connection with such. local transportation system, and to contract with a private transit company to provide transportation services. 8:59 p.m. - Presented by John Eddison, Board of Selectmen, who expressed the Board's support. William Mix, Transportation Advisory Board, gave further information. 9:08 p.m. - Appropriations Committee and School Committee recommended favorable action. 9 :12 p.m. - William Widnall, Pr2, made the following motion: MOTION: The amount $237,000 be replaced by did not pass $190,000. see below There was discussion for and against. 9:18 p.m. - Following a request by Neil Gray, Pr9, the Moderator ruled it inappropriate for nomination papers to be circulated on Town Meeting floor. Following a voice vote at 9 :20 p.m., the Moderator declared the amendment offered by Mr. Widnall to have failed. Following a voice vote at 9 :21 p.m., the Moderator declared the main motion to have been adopted unanimously. 9:21 p.m. - Arthur Smith, Pr2, moved Reconsideration of Article 8. '1 William Welch, Pr2, gave notice of intent to abstain on Article 8 if the motion for reconsideration passed. Following lengthy discussion from Town Meeting Members and further explanation. from Isa "Zimmerman, Interim Superintendent of Schools, Reconsideration of Article 8 did not pass. 9 :55 p.m. (ADJOURNED SESSION, A.T.M., CONT. - APRIL 11, 1988) ARTICLE 38 - ZONING BY -LAW, TECHNICAL CORRECTIONS MOTION: that Section A20 be removed from the table. 9:55 p.m. - Presented by Martha Wood, Planning Board. Following a voice vote at 9:55 p.m., the Moderator ruledthe motion to have passed and A20 to be before the meeting. A 20) in subparagraph 12.3.3, in Lite first sentence in the. first paragraph, which deals with traffic improvements that increase the passed traffic carrying, capacity of an intersection or street, by adding see p.222 Lite words ", or other - method of positive traffic control, such as a traffic cotitrol off:Lcer, " after the words "traffic engineering Notice of improvements" at the end of the first line; Recons, in the second sentence by inserting the words: "or other method of p.222 traffic: control" after the words "such improvements" and after the words " traffic_ engineering improvement" so that the first para- graph, as amended will read: "The SPGA shall consider that various traffic engineering, improve- ments, or otner method of positive traffic control, such as a tra ft is control officer, can improve the traffic carrying capacity of an intersection or street and improve the level of service rating to a higher and acceptable value. The SPGA shall consider Such improve[aerits, or other method of traffic control, in its determination and may make a conditional determination that. ade- quate capacity is dependent upon 04C., construction of tilt:! traffic engineering improvement, or o'the'r method of traffic control." w.. In subparagraph 12.3.3, in the second paragraph, which deals with the conditions which the Board of Appeals may impose with respect to traffic improvements that increase the traffic carrying capacity of an intersection: 1) at the end of the first sentence by adding the words: ", or of the start of: another method of positive traffic control., such as a traffic control officer, on a permanent basis" after Lire words "" traffic engineering improvement"; 2) at the end of the the second sentence by inserting the words: "or the execution of an agreement with the Town of 'Lexington for another method of traffic control. after the words "traffic engi- neering improvement" : 3) by striking out the fourth sentence of the second paragraph and inserting in place thereof a new fourth sentence as set forth in the following; description of the completely revised second paragraph; so that the second paragraph, as amended will read: "The. SPGA may make a condition of its approval of the special permit or special permit with site plan review that the scare, or any sta €.e, of the construction of the development, or the occupancy thereof, is dependent upon the start or completion of the traffic engineering iatprovement, or of the start of another method of positive traffic control, such as a traffic control officer, on a permanent basis„ A conditional approval shall be dependent upon at least a start of the physical construction of the traffic engineer- ing improvement or the execution of an agreement with the Town of Lexington for another method of traffic control. Letters of sup - port, or commitment, or approval, or the award of a contract are not considered as a .Mart of construction. however, as the basis for making a conditional determination of adequacy, the SPGA may consider as evidence, that the traffic carrying capacity will be improved to a higher level of service, such letters of support, or commitment, or approval_, or the award of a contract for construc- tion of the traffic engineering improvement, or a proposed agree- ment with the 'Town of Lexington for another method of traffic control." '(ADJOURNED SESSION, A.T.M., CONT. - APRIL 11, 1988) Lengthy discussion followed with explanation from the Planning Board. 10:31 - Iris Wheaton, Pr7, made the following motion: MOTION. the words , "such as a traffic control did not pass officer," from section 12.3.3., paragraph 1 and the words "such as a traffic control officer" in section. see below 12.3.3 paragraph 2 be striken Following a voice vote at 10:37 p.m., the Moderator ruled the motion not to have carried. Following a voice vote at 10:39 p.m., which was not unanimous, the Moderator called for a standing vote on Section A20. The tally was as follows: yes no Precinct 1 10 4 2 16 0 3 15 3 4 13 4 5 8 7 6 12 1 7 6 8 8 11 0 9 18 0 At large 19 2 Totals 128 29 At 10.43 p.m., the Moderator ruled the Section A20 to have been adopted. 10.43 p.m. - Iris Wheaton, Pr7, served Notice of Reconsideration, 10.45 p.m. °- John Eddison, Board of SelectmeiN, moved adjournment. 10:45 p.m. Following a voice vote, the Moderator declared the meeting adjourned until Wednesday, April 13, 1988, at 8 p.m. A true copy. Attest: Bernice 11. �Fallik Town Clerk ADJOURNED SESSION - 1988 ANNUAL TOWN MEETING APRIL 13, 1988 The meeting was called to order by Moderator Margery M. Battin at 8:00 p.m., in Cary Memorial Hall. There were 167 Town Meeting Members present. 8.01 p.m. - The invocation was offered by Reverend Thomas Clough of the Hancock United Church of Christ. 8.03 p.m. - The Moderator declared a formal recess while Senator Kraus introduced the Lexington National Merit Scholars. ARTICLE 2 - REPORTS Judith Uhrig spoke on Planning Board articles. The Moderator spoke on the connection between the U.S. Constitution and Town Meeting. --------------- - 8:15 p.m. - Town Counsel, Norman Cohen, assumed the role of Moderator. ARTICLE 33 - PARKING STUDY - LEXINGTON CENTER MOTION: That the sum of $35,000 be appropriated for engineering services for a parking study in Lexington did not Center, and that such amount be transferred from the pass Parking Meter Fund, see below 8:16 p.m. - Presented by Leo McSweeney, Board of Selectmen. 8:18 p.m. - David Wells, Center Committee, provided information on the need for a proposed professional study. 8 :22 p.m. - Appropriations Committee spoke in favor. There was discussion for and against with questions as to what the study would do, would there be citizen input, what constituted a professional. 8:40 p.m. - Meriam Hill Association voiced opposition. 8.51 p.m. - Judith Uhrig, Planning Board, voiced support. She stated that the study should not begin until the completion of the new building in the center. 8:58 p.m. - William Widnall, Pr2, moved the question. Following a voice vote at 8.58 p.m., the Moderator ruled that the question had not been moved. Discussion continued. 9:23 p.m. - Fred Rosenberg, Pr9, moved the question. Following a voice vote at 9:23 p.m., the Moderator ruled the question to have been moved. Following a voice vote at 9:24 p.m., the Moderator stated that the motion offered by Mr. McSweeney did not carry. ^ ` (ADJOURNED SESSION, A.T.M., CONT. APRIL 13, 1988) ARTICLE 34 - DESIGN PLAN, LEXINGTON CENTER MOTION: That the sum of $18,000 be appropriated for professional services to provide design guidelines passed as amended by for the enhancement of Lexington Center, and that O'Sullivan such amount be raised in the tax levy. see below and p.225 Notice of Reconsid. 9:24 p.m. - Presented by John Eddisoxa, Board of Selectmen, who gave p• 225 the history. 9:38 p.m. - Robert Ossman, Center Committee, gave design information. 9:52 p.m. - Appropriations Committee spoke in favor and ;Michael O'Sullivan, Chairman, made the following motion: MOTION: the amount $18,000 be replaced by $25,000 and after the phrase "enhancement of Lexington passed Center," the phrase "and other appropriate commercial see below areas within the town" be added. 9:55 - Capital. Expenditures voiced support. There was continued discussion. Following a voice vote at 10:08 p.m., the Moderator declared the motion offered. by Mr. O'Sullivan to have passed. A sufficient number of Members stood to request a standing vote which was tallied as follows: yes no Precinct 1 9 0 2 8 7 3 14 3 4 11 5 5 5 8 6 8 7 7 3 1.1 8 6 6 9 8 8 At large 15 3 Totals 87 58 10:12 p.m. - The Moderator declared the O'Sullivan amendment to have passed. 10:14 p.m. -- Eugene Lee, Pr5, made the following motion: MOTION: Article 34 be amended by adding the following at the end: ° °and that such sum not be expended unless an effort to first obtain the services of area design schools did not pass at no cost is unsuccessful." see below There was discussion for and against with the Board of Selectment stating opposition to the motion as being too open- ended. Following a voice vote at 10:17 p.m., the Moderator declared the motion offered by Mr. Lee not to have passed. 10:23 p.m. - John Davies, historic Districts Commission, stated that the IIDC welcomed the design study. (ADJOURNED SESSION, A.T.M., CONT. - APRIL 13, 1988) 10:29 p.m. - Erna Greene, Pr3, moved the question. Following a voice vote, the moderator declared the question to have been moved. Following a voice vote at 1 -0 :29 p.m., the Moderator declared the motion as offered by Mr. Eddison and as amended by Mr. O'Sullivan to have passed. Mrs. Battin resumed the role of Moderator. The Moderator recognized Angela Frick, Conservation Commission, who moved that Article 42 be brought up out of order. Following a voice vote at 10:30 p.m., the Moderator ruled the motion to have passed and Article 42 would be before the Meeting. ARTICLE 42 - 'ZONING BY -LAW, MINIMUM DEVELOPABLE SITE AREA. To see if the town will vote to amend the Zoning By -Law by adding a new section 7.2.3, as follows: "No new dwelling shall be erected on any lot created after April 13, 1988, which does not contain a contiguous developable site area which is at least 90 percent of the minimum lot area for the district in which the lot is located. This requirement shall not apply to any lot created in. a cluster subdivision, a special residential development or a planned residential district. "; in subparagraph 9.2.12 by adding a new sentence at the end, as follows: "See also subparagraph 7.2.3 which requires that a minimum percentage of the required minimum lot area be in a contiguous developable site area. or act in any other manner in relation thereto. MOTION: That the Zoning By -Law of the Town be amended as set forth in the article, with the passed effective date being April 13, 1988. see p. 226 10..31 - Charles Wyman, Conservation Administrator, gave an explanation . 10 :38 - Karsten Sorensen, Planning Board, moved that the report of the Planning Board on Article 42 be accepted and placed on file. Following a voice vote, the Moderator declared that the report had been accepted and placed on file. The Planning Board and the Board of Selectmen voiced support. 10 :41 p.m. - Jeanette Webb, Pr7, served Notice of Reconsideration on Article 34. Reconsideration did not prevail There was further explanation by the Punning Board and see p. 276 Conservation Commission and further discussion. (ADJOURNED SESSION, A.T.M., CONT. - APRIL 13, 1988) 10°49 -- Deborah Kearney, Pr7, moved the question. Following a voice vote, the Moderator declared the question to have been moved. Mrs. Frick asked that the Chair recognize .John Oberteuffer, Vice Chairman of the Conservation Commission, who presented additional information. Following a voice vote at 10°52 p.m,, the Moderator declared a ,. unanimous passage of the article. 10:52 p.m. - Vicky Schwartz, Pr3, moved that Article 35 be postponed until April 25, 1988. Following a voice vote, the Moderator declared Article 35 to be postponed until.. April 25, 1988. 10°53 p.m. - John Ed.dison moved that the Meeting he adjourned until Monday, April 25, 1988, at 8 p.m. Following a voice vote at 10:53 p.m., the Moderator declared the meeting adjourned until Monday, April 25, 1988, at 8 p.m, A true copy. Attest; f r f Bernice I1. Fallick, Town Clerk I, ADJOURNED SESSION - 1988 ANNUAL TOWN MEETING APRIL 25, 1988 The meeting was called to order by Moderator Margery M. Battin at 8:01 p.m., in Cary Memorial. Hall. There were 177 Town Meeting Members present. 8 :02 p.m. - The invocation was offered by Alden B. Flanders, Rector, Church of Our Redeemer, The Moderator requested that members observe a- moment of silence in memory of Dick Sousa. 8 :05 pm. - The Moderator declared a formal recess. Florence Koplow, School Committee, introduced members of the Lexington High School Debate Team, and recognized them for their outstanding accomplishments in major tournaments. Leo McSweeney, Board of Selectmen's liaison to the School Committee recognized those chosen this year's Outstanding Youths. 8:22 p.m. -- The Moderator called the meeting to order. --------------- ARTICLE 2 - REPORTS 8 :23 p.m. - Joyce Miller, Conservation Commission, presented a report on Pine Meadows. She explained the process under C.61i whereby intent to change use would trigger a 120 day option period in which. the Town would need to act to purchase. 8 :27 p.m. - Fred Rosenberg announced the distribution of a TIMA resolution on Article 36. 8:28 p.m. - John Eddison, Board of Selectmen, presented the status of the Financial Articles as of April 25. ARTICLE 35 - TRAFFIC SIGNALS MOTION: That the sum of $75,000 be appropriated for the design and installation of pedestrian signals on passed Waltham Street at Brookside Avenue, and that such see below amount be raised in the tax levy. 8.32 p.m. - Presented by Vicky Schwartz, Pr. 3. 8:44 p.m. -- John Eddison, Board of Selectmen, explained the function of the Traffic Safety Advisory Committee and stated that the state traffic warrants do not justify a light being placed at the requested spot. There was lengthy discussion. Many spoke in favor including the School Committee, Capital Expenditures Committee, Appropriations Committee, the League of Women Voters. 9:34 p.m.- Margaret Rawls, Pro, moved the question. Following a voice vote at 9 :34 p.m., the Moderator ruled passage. Following a voice vote at 9 :35 p.m., the Moderator ruled the motion offered by Firs. Schwartz to have been adopted. e 5 yd - (ADJOURNED SESSION, A.T.M., CONT., APRIL 25, 19$ 9:35 p.m. _ William Dailey, Jr., Board of Selectmen, moved Reconsideration prevailed Reconsideration of Article 22. see below Following a voice vote at 9 :35 p.m., the Moderator ruled Article 22, Street Acceptance and Construction, to be before the meeting. Discussion followed with questions and answers as to street standards and previous procedures. Following a voice vote at 10 :03 p.m., the Moderator ruled the motion to Reconsider to have passed. William Welch, Pr2, rose to doubt the vote and as a sufficient number of members joined, the Moderator called for a standing vote which was tallied as follows: yes 110 Precinct 1 9 5 2 5 7 3 6 11 4 9 7 5 9 6 6 13 3 7 7 7 8 15 2 9 13 6 At large 17 3 Totals 103 57 10 :08 p.m. - The Moderator ruled that Reconsideration prevailed. 1.0 :08 p.m. - William Dailey, Jr., Board of Selectmen, made the following motion: MOTION: after the words December 21, 1987 insert the following passed subject to the assessment of betterments see below or otherwise; Discussion followed. The Appropriations Committee spoke in favor. Following a voice vote at 10.18 p.m., the Moderator ruled the motion as presented by Mr. Dailey to have been adopted. There were further statements for and against Article 22. Following a voice vote at 10 :2.6 p.m., the Moderator declared Article 22 as amended by Mr. Dailey to have been adopted. ARTICLE 22. MOTION: That the Town establish as a town way and accept the layout of as a town way Philip Road a distance of 1.500 feet, more or less, as Reconsidered from Rockville Avenue to Worthen Road East as laid and passed out by the Selectmen, as shown upon plans on file in the office of the Town Clerk, dated December 21, 1987, subject to the assessment of betterments or otherwise; 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 $80,000 be appropriated for such land acquisition, construction, alteration and reconstruction as is necessary, and that such amount be raised in the tax levy. z 9 t (ADJOURNED SESSION, A.T.M., CONT., APRIL 25, 1988) Frederick Hagedorn, PrI, moved to adjourn until Wednesday, April 27, 1988, at 8 p.m., in Cary Hall. Following a voice vote at 10027 p.m., the Moderator declared adjournment until Wednesday, April 27, 1988, at 8 p.m., Cary Hall, A true copy. i Attest: Bernice H. Fallick, Town Clerk ADJOURNED SESSION - 1988 ANNUAL TOWN MEETING APRIL 27, 1988 The meeting was called to order by Moderator Margery M. Battin at 8 :00 p.m., in Cary Memorial Hall. There were 171. Town Meeting Members present. 8.01 p.m. The invocation was offered by Rabbi Cary Yales, Temple Isaiah. 8 :04 p.m. - The Moderator declared a Formal. Recess. Judith Leader, School Committee, introduced the Diamond Middle School Math Team and praised them for their accomplishments. Paul Newman, School Committee, introduced the Teachers of the Year and lauded them. 8 :13 p.m. - The Moderator called the fleeting to order. ARTICLE 39 - 'ZONING BY -LAW, ADJUSTMENTS VARIOUS SECTIONS 8 :16 p.m. - Eleanor Klauminzer, Planning Board, moved that the report be accepted and placed on file. 8:17 p.m. - Ephraim Weiss, Pr.5, presented his criteria for Planning Articles: comprehensible, simple, precise, prescribe limits, easy to apply. Following a voice vote at 8:22 p.m., the Moderator declared the report to have been accepted and placed on file, See Page 231 for Article 39 as moved. (ADJOURNED SESSION, A.T.M., CONT. - APRIL 27, 1988) ARTICLE 39 TONING BY-LAW; ADJUSTMENTS, VARIOUS SECTIDNS MOTION FOR TOWN CLERK Notion: That the Zoning By-Law be amended as follows: PART A 1) In Table 1, Permitted Uses and Development Standards, in line 1.31, by striking out the existing wording and inserting in place thereof: "An off-street parking space, which may be in a garage or Part A outdoors, for not more than one commercial vehicle, not larger than passed 10,000 pounds, gross vehicle weight rating, which is used by a see p.234 residenu of the dwelling. Not more than one other commercial. vehicle not in excess of 15,000 pounds, gross vehicle weight rat- Notice of ing, which is used by a resident of the dwelling, may be parked in Reconsid. a garage only."; see p.234 2) In Section 2, Definitions, by adding a new definition in the proper aiphabeLical sequence: "COMMERCIAL VEHICLE: A registered motor vehicle used for business purposes which: has advertising or the logo of a business display- ed, or has equipment or tools used for business purposes visible on the outside of the vehicle, or has commercial registration plates, or has a gross vehicle weight rating of 5,000 pounds or more. An automobile, van, pick-up truck or recreational vehicle which has commercial registration plates or a gross vehicle weight rating of 0,000 pounds or more will not be considered to be a commercial vehicle if it does not have advertising or equipment or tools visible on the outside of the vehicle." -------------------------------------------------- PART B in subparagraph 9.3.5, by striking out the words "(Space Reserved)" and by inserting new wording so the subparagraph will read: "9.3.5 CLUSTER SUBDIVISION, SPECIAL RESIDENTIAL DEVELOPMENT The objective of this section is to allow flexibility in the standards and procedures for those planned residential developments which are a cluster subdivision or a special residential develop- Meat Which, in the opinion of the Planning Board, comply with the following criteria: Part B a. there is a significant amount of common open space (see passed 9.3.6) of which a significant amount meets the standards for see p.234 usable open space (see 9.3.7), b. the common open space is readily accessible by one or more paths speci-fically designed for access purposes, C. the dwellings are sited and oriented in a complementary relationship to the common open space, d. the design promotes a sense of open, natural character when viewed from adjacent public streets, e. there are a set of design controls and restrictions to insure the dwellings will be built, and the site will be developed, under an overall design plan, f. that any building which contains more than one dwelling unit is designed so that either: 1) the building has the exter- ior appearance of a one-family dwelling or, alternatively, 2) if semi-attached dwellings and/or townhouses (see 9.2.3 b or d and the definitions of those terms under DWELLING, STRUCTURAL CHARACTERISTICS in Section 2, Definitions) are constructed, each individual dwelling unit has direct access to ground level and an opportunity for a private yard, patio, or other private outdoor space, �- (ADJOURNED SESS A.T .M. , COIN - APRIL 27, 1988) g. there are provisions for common facilities, such as recrea- tion or parking, or for services such as the. maintenance of streets, walkways or paths, utilities, landscaping or re- creation facilities. It is riot the intent of this By -law that the. procedure for a clus- ter subdivision or a special residential development be used as an alternative to allow the construction of a conventional subdivision which does not otherwise comply with the standards and requirements set forth io this By-law or in the "Development Regulations ".' P ART C in subsection 9.1.9, Density, by striking out the existing subsec- tion in its entirety and by inserting in place. thereof. Part C defeated °°9.2.9 MAXIMUM DENSITY see p.234 9.2.9.1 CONVENTIONAL SUBDIVISION: The maximum number of dwellings Notice of isee Section 2, Definitions) oil a tract in a. conventional subdivi- Reconsid. Sion shall be the lesser of: see p.235 1.) the number of lots complying with the provisions of this By- law and oz the "Development Regulations "; or 2) the product of the following formulae multiply the develop- able site area (see 7.9) by 0.85 and divide tine product by 30,000 in the RO district and 15,500 in the RS or RT dis- trict provided any fraction thereof shall riot be credited toward another dwelling. 9.2.9.2 CLUSTER SUBDIVISION OR SPECIAL RESIDENTIAL DEVELOPMENT: The maximum number of dwellings (buildings containing dwel.:l.ing units, see Section 2, Definitions) on a tract in a cluster :,uhdivision or in a special residential development shall be the lesser of 1) the number of lots shown on the "proof plan" required in subparagraph 9.2.9.4 which the Planning Board determines are capable of being, built in compliance with the requirements of this By -law and of the "Development Regulations "; or 2) the product of the following formula; multiply the develop - able site area (see 7.9) by 0.85 and divide the product by 30,000 in the RO district and 15,500 in the RS or RT dis- trict provided any fraction of one half or more may be credited toward another dwelling. The maximum number of dwelling units (separate living units for each family or household, see Section 2, Definitions), but riot the number of dwellings, oil a tract in a cluster subdivision or a. special residential development may, with the permissiota of the Planning Board, be file greater of 1) the number of lots shown on the "proof plan" required by subparagraph 9.2.9.4 which the Planning Board determines area capable of being built in compliance with the requirements of this By -law and of the "Development Regulations "; or 2) the product of the following formula: multiply the develop- able site area (see 7.9) by 0.85 and divide the product by 30,000 in the RO district and 15,500 in the RS or RT dis- trice provided any fraction of one half or more may be credited toward another dwelling. The number of dwellings or dwelling units allowed in a cluster subdivision or a special residential development is not a matter of right and the number which is allowed may be less than Lite maxima set forth in the preceding; paragraphs depending on the application of the criteria set forth In subparagraph 9.3.5. (ADJOURNED SESSION, A.T.M., CONT. - APRIL 27, 1988) 9.2.9.3 FACILITIES NOT DIVIDED INTO DWELLING UNITS: The maximum density of a facility, permitted by 9.2.3 h, such as group quart- ers, which are not divided into dwelling units, shall be determined by first calculating the maximum number of dwelling units, using the procedure described in subparagraph 9.2.9.2 and then determin- ing the equivalent number of dwelling units as provided in 9.2.10. 9.20.4 DOCUMENTATION REQUIRED: To determine the maximum density permitted in a planned residential development, an applicant shall submit: 1) a certified calculation of the developable Site area (see 7.9), 2) the calculation required by 9.2.9.1 and, if applicable, by 9.2.9.2, and 3) a - proof plan superimposed on a certified plot plan, based on an instrument survey, showing a street layout complying with the standards for horizontal layout set forth in the Planning board's "Development Regulations" and lots comply- ing with the minimum lot area, minimum lot frontage and minimum lot width standards of this By-Law.'' -------------------------------------------------- PART D In SECTION 2, DEFINITIONS, in the definition FLOOR AREA, NET; 1) in subparagraph b. by inserting the words "and shaft," biter the words - elevator machinery" in the fourth line and by adding at the end the words . ; space for Storage or other support services for any use are Part D included in the determination of net floor area," so that subpara- replaced by graph b., as amended, will read: Weiss amend. - b. areas devoted exclusively to the operation and maintenance of a see p.235 building, irrespective of its occupants, such as heating, ventilat- ing and cooling equipment, eLectrical and telephone facilites, fuel Notice of storage, elevator machinery and shaft, or mechanical equipment; Reconsid. space for storage or other support services for any use are includ- see p.235 ed in the determination of net floor area,"; 2) by striking out subparagraphs c and d in their entirety and by renumbering subpara- Reconsideration graph e to be "c"; and p. 266 3) by inserting a new sentence at the end, as follows: "To simplify the calculation, the net floor area may be 80 percent Indefinitely of the gross floor area, exclusive of any floor area within the Postponed building used for off-street parking or loading, but in no case p. 266 6ha11 the net floor area, exclusive of any floor area within the Part D deleted building used for off-street parking or loading, be less than 80 percent of the gross floor area."; : A„ (ADJOURNED S ESSION, A.T.M., CONT. - APRIL 27, 1988) 8:22 p.m. - Presented by Eleanor. Klauminzer, who moved that each part be considered separately. The Moderator stated that Article 39 would be divided and each part considered separately. Mrs. Klauminzer presented Part A. There was discussion. Following a voice vote at 8:47 p.m. which was not unanimous, the Moderator called for a standing vote which was tallied as follows: yes no Precinct 1 10 4 2 9 4 3 14 4 4 18 1. 5 9 3 6 15 0 7 10 4 8 9 8 9 16 2 At large 16 4 Totals 126 ~ 34 At 8:51 p.m. the Moderator declared Part A of Article 39 to have been adopted. Richard Michelson, Pr. 8, served Notice of Reconsideration. 8:52 p.m. - Eleanor Klauminzer continued the presentation with Part B. Following a voice vote at 8 :57 p.m., the Moderator declared unanimous passage of Part B. 8:58 p.m.. - Eleanor Klauminzer continued the presentation with Part C. Karsten Sorensen, Planning Board and Pr. 4, expressed his opposition. There was considerable discussion with explanation from the Planning Board. ...:...... 9 :41 p.m. - Eleanor Klauminzer moved to Table Article 39, Part C. did not pass see below Following a voice vote at 9:41 p.m., the Moderator declared Mrs. Klauminzer ° s motion to table not to have passed. Following a voice vote at 9:42 p.m., the Moderator declared that Article 39, Part C, had been defeated. (ADJOURNED SESSION, A.T.M., CONT. - APRIL 27, 1988) 9:42 p.m. - Eleanor Klauminzer continued the presentation with Part D. 9:44 p.m. - Ephraim Weiss, Pr. 5, made the following motion. MOTION. Under Article 39, 1 move to amend Part D by replacing it with the following: passed In SECTION 2, DEFINITIONS, by striking out the see below existing definition of FLOOR AREA, NET in its Notice of entirety, and replacing it with the following- Reconsid. "FLOOR AREA, NET. 80% of FLOOR AREA, GROSS" see below 9:46 p.m. - Judith Uhri.g, Planning Board, served Notice of Reconsideration on Article 39, Part C. Following a voice vote at 9:50 p.m., the Moderator declared the Motion offered by Mr. Weiss to have passed. Following a voice vote at 9:50 p.m., the Moderator declared Article 39, Part D, as amended, to have been unanimously adopted. 9:51 p.m. - Eleanor Klauminzer, Planning Board, served Notice of Reconsideration on Article 39, Part D. Reconsideration passed & ----------------- Section D was Indef. Postponed see p. 266 ARTICLE 40 - ZONING BY-LAW NONCONFORMING SITUATIONS 9:52 p.m. - Karsten Sorensen, Planning Board, gave notice of his intent to abstain on Article 40, Part B or whatever the designation of the section dealing with pre-existing lots. 9:52 p.m. - Judith Uhrig, Planning Board, moved that the report be accepted and placed on file. Following a voice vote, t he Moderator declared the report to have been accepted and placed file. See Page 236 for ARTICLE 40. . ............ - ----- ' (A DJOURNED SE SSION A. T.M. CONT. - APRIL 27, 19138) ARTICLE 40 Z ONING BY -LAW, NONCO SITUATIONS MOTION FOR TOWN CLERK Motion: That the Zoning By -law be amended as follows: Part A PART A: by striking out the existing Section 6 NON - CONFORMING USES adopted AND STRUCTURES in its entirety and by inserting in place thereof a with two new Section 6 NONCONFORMING SITUATIONS, as follows: amendments see p.239, 247, °S'ECT'ION 6 NONCONFORMING SITUATIONS 251 6.1.1 NONCONFORMING SITUATIONS: For the purposes of this By --law see p. 241,247, nonconforming situations are those uses, buildings, struc- 253 tures, parking Spaces, loading bays, signs, landscaping and other activities that are now subject to the provisions of this By -law which were la wful before this By -law was adopted or before amend- ments to this By -law which are applicable to the situation were adopted, and such situations do not now conform to the provisions of this By-law. 6.1.2 NONCOMPLYING SITUATIONS: Those uses, buildings, structures, parking spaces, loading bays, signs, landscaping and other activities that are subject to the provisions of this By-law which were not la c reated after this By -law was adopted or after amendments - to tha'.s By -law which are applicable to those situations were adopted, are in violation of this By -law and may be called noncomplying situations. 6,1.:3 NONCOMPLYING STRUCTURES 10 YEARS OR OLDER : In accordance With Section 7, Chapter 40A M.U.L., a structure, which has not been in compliance with this By -law, or with the conditions set forth in any special permit or variance affecting the structure, for a period of 10 years or more from the commencement of the violation, may not be the subject: of an enforcement action by the Town to compel the removal, alteration, or relocation of such structure. Structures which qualify under Section 7, Chapter 40A M.G,L », are considered to be nonconforming structures and are entitled to treatment as such as provided in this section. 6.1.4 OBJECTIVES The provisions of this section are intended to achieve the following, purposes: a. To allow nonconforming situations to continue until they are discontinued or abandoned. b. To encourage change in nonconforming situations toward greater compliance with the provisions of this By -law and to reduce the degree of nonconformity. c. To discourage any expansion of a nonconforming; use, as measured either by the amount of floor space or land area used or by the volume of activity in the use; and to encour- age the substitution of other uses, which may also be non- conforming, but which are more compatible with, and have fewer adverse impacts on, the surrounding area. d. To permit some expansion of nonconforming buildings provided there are not demonstrable adverse impacts on adjoining properties. e. Where a nonconforming situation is proposed to be changed, to encourage greater conformity with all the provisions of the By -law and the objectives and purposes stated in this By -law, I. In the event of the Ya.rt:ial destruction of a nonconforming situation, to permit the reconstruction of the nonconforming situation so that the owner, and tenants if any, are not subjected to substantial economic loss while, at the same Lime, seeking to achieve greater conformity with the provi- sions of this By -law and to reduce any adverse impacts on the surrounding area. 23 (ADJOURNED SESSION A.T.M. COST. - APRIL 27, 198;8 L) g. To permit the treatment of non-conforming situations to be varied by the type of zoning district and the type of non- conformity, i.e. to have a different approach for uses, structures, parking or lots, for example. 6.2 GENERAL PROVISIONS 6.2.1 A use, building, structure, parking space, loading bay, sign, landscaping or any other activity which is nonconform- ing, but not non-complying, may be continued but may not be in- creased or expanded except as may be specifically authorized by this section. If such nonconforming situation is abandoned or terminated, as set forth below, it may not be resumed except in compliance with this By-law. 0.2.2 LAWFULLY CREATED: A use, building, structure, lot, parking space, loading bay, Sign, landscaping or any other activity is considered to be lawfully created, with respect to zoning re- quirements, if: a. it was in existence on March 17, 1924 when the Zoning By-law was originally adopted, or, b. subsequent to March 17, 1924 it was permitted by right by the Zoning By -law and was - in existence prior to the effect- ive date of any amendment which renders it nonconforming, and it required at the time of its creation, a building permit or certificate of occupancy was issued. As the records of the Building/Inspection Department in earlier years are incomplete, the Building Commissioner may accept such evidence of Lawful creation for those years as he/she may deem to be adequate in lieu of official Town records. 6.2.3 SPECIAL PERMIT, VARIANCE ARE NOT NONCONFORMING: A use, building, structure, lot, parking space, loading bay, sign, Landscaping or any other activity which is not otherwise permitted by right and does not comply with this By -law, due to the granting of a variance or special permit, is not a nonconforming situation, is not entitled to the treatments afforded by this section and is bound to the conditions of the special permit or variance, as granted. In the case of a special permit or variance which is not entitled to treatment as a nonconforming situation, the Board of Appeals may grant an additional special permit or variance which has the effect of extending such special permit or variance for an additional period of time provided such special permit or variance is subject to conditions that: a. are not more permissive than those in the most recently approved special permit or variance, and b. bring the situation closer to compliance with the provisions of this By-law. 6.2.4 ONCE IN CONFORMITY, OR CLOSER TO CONFORMITY, CANNOT REVERT: Once a use, building, structure, lot, parking space, loading bay, sign, landscaping or any other activity which had been noncon- forming is brought into conformity with this by-law, it shall not be permitted to revert to nonconformity. Once a use, building, structure, lot, parking space, loading bay, sign, landscaping or any other activity which is nonconforming is brought into closer conformity with this By-law, i.e. the amount or degree of noncon- formity is reduced, it shall not be permitted to revert to noncon- formity with the provisions of this By -law which is greater than the closest amount or degree of conformity which it has achieved. 6.2.5 ChANGE IN LOT THAT RESULTS IN NONCOMPLIANCE: No lot upon which there is a building or for which a building permit is in force shall be subdivided or otherwise changed in area or shape, except through public acquisition, so as to result in a violation, applicable to either the iOL or the building, of the requirements of Table 2, Schedule of Dimensional Controls, and of other appli- cable requirements of this By-law. A lot already nonconforming (ADJOURNED SESSION A.T.M. CON - - APR 27, 1985) shall not be changed in area or shape so as to increase the degree of nonconformity with the requirements of this By --law; a nonconfor- ming lot may be changed in area or shape to move closer to conform- ity with the r'equire'ments of this By -law. if Land is subdivided, conveyed or otherwise transferred in violation hereof, no building or other permit shall be issued with reference to said transferred land until both the lot retained and the newly created lot(s) meet the requirements of this By -law, 6.2.6 NONCONFORMITY RESULTING; FROM PUBLIC ACTION': If, as a result of public acquisition, a use, building, structure, lot, parking space, loading bay, sign, landscaping or any other activity no longer complies with this By -law, it shall- be considered to be nonconforming and entitled to the treatment afforded by this sec- tion provided it was in compliance at the time of the public acquisition. 6.2.7 DISCONTINUANCE, ABANDONMENT: A nonconforming use or struc- ture or other nonconforming situation is considered to be discontinued or abandoned whenever: a, it is VOL used for a period of 24 consecutive months, or b, there is evidence of discontinuance or abandonment and it is apparent that the owner does not intend to resume the use or other nonconforming situation, whichever occurs first. In the administration of part b. above, evidence of discon- tinuance or Abandonment shall. be.: 1) bringing the use, structure or other nonconformity into compliance with this By -law, or, 2) ceasing to be open to the public for the conduct of business for a. period of six continuous months, and one or more of the following: a) removal of customary equipment or supplies for the operation of a use, b) disconnecting electrical, gas or other utility services, c.) failure to provide for operation in colder weather such as ceasing to heat the building at normal levels required by health regulations or failing to provide snow removal, d) issuance of a notice of an unsafe structure by the Building Commissioner, In the event that the Building Commissioner has evidence of discontinuance or abandonment, he /she shall communicate with the owner of record, by certified mail, inquiring as to the owner's intent and informing the owner of the potential loss in nonconforming status. Such owner shall be allowed a period of thirty days from the transmittal of such communi- cation in which to respond and to take action. Discontinuance or abandonment of a part of a nonconforming use, structure or situation shall not normally be considered to be evidence of discontinuance or abandonment of the whole unless that part which is discontinued or abandoned is the part which causes the nonconformity. 6.23 The rights of a nonconforming use, structure, building, lot, parking space, loading bay, landscaping or other situation are not affected by a change in ownership, tenancy or management unless such ownership, tenancy or management is specifically a condition of the issuance of a permit. 6. NONCONFORM USES 6.3.1 A nonconforming use may be continued to the same degree and for the same purpose but may not be altered, expanded or extended. A nonconforming use shall be considered to be altered, expanded or extended If there: is: (ADJOURNED SESSION A.T.M. CONT. - APRIL 27, 1988) a. art increase in the net floor area, or b, an increase in the number of employees, or C. a substantial increase in the number of automobile or trucK traffic trips generated by the rise, or d. air increase in the hours of operation, or e. a change from seasonal to full time operation, since the rise first became nonconforming. 6.3.2 A WIICOftforkning use is limited to the lot on which it is located and cannot be relocated to another lot within the same zoning district. 6.3.3 SUBSTITUTION OF NONCONFORMING USE: The Board of Appeals may issue a special permit to allow a new rise, not otherwise permitted by right in the zoning district in which the nonconform- ing use is located, to be substituted for tile existing nonconform- ing use subject to the following conditions: z a. The new use is more compatible with the zoning district in which the nonconfoming use is located than the existing nonconforming use it replaces. In this context, more compa- tible shall mean it complies with the criteria set forth in subsection 3.3.2 subparagraphs c, d and e, and b. The new use is Consistent With the purpose of the zoning district in wiiich it is to be located as set forth in sub- paragraph 1.2.3. and C. In the case that an existing nonconforming use is a comraer- ciai. use (is listed in Table 1, Permitted Uses and Develop- ment Standards, Part B) and is located in a residential zoning district, the SPCA may permit: 1) the substitution of another use permitted in arty resi- deritial district or 2) if the SPCA first determines that a use permitted in a residential district is not feasible, it may permit a new commercial use that is permitted in the CN district in substitution instead. 6.3.4 If a new use, not otherwise permitted by right in the zoning district it) which it is located is allowed by it special permit granted under subparagraph 6.3.3, tire new substituted use shall, be considered to be the non-conforming use and the previous nonconforming use shall not be reestablished. 6.4 NONCONFORMING BUILDINGS 6.4.1 ONE-FAMILY, TWO-FAMILY DWELLING: An existing nonconforming one-family or two-family dwelling which is nonconforming with respect to a minimum yard setback may be enlarged or extended in any other direction in compliance with this By-law by the issu- ance of a building permit as provided in subsection 3.1.2. That part. of an existing nonconforming dwelling which is nonconforming with respect to a minimum yard setback may be enlarged or extended in that yard provided the SPCA grants a special permit and all of the following conditions are met: Uhrig motion a. the degree of noncompliance is not greater than 50 percent passed of the required minimum yard setback-, noncompliance b. the site coverage of the dwelling within that minimum yard replaced by setback is not increased, and nonconformity c. tire SPCA determines that the extension or enlargement is see p.247,251 appropriate in scale and mass for the neighborhood, with particular consideration of abutting properties. 6.4.2 An existing nonconforming building, other than a one-family or two family dwelling, which is nonconforming with respect to a minimum yard setback may be enlarged or extended in any other direction in compliance with this By -law by the issuance of a building permit as provided in subsection 3.1.2 provided all other uses, structures and activities on the lot comply fully with the requirements of this By-law. (ADJOURNED SESSION A.T.M. CONT. APRIL 27, 1988) 6.4,3 An existing nonconforming building, other than a one- family or two family dwelling, which is nonconforming with respect to another requirement of Section !, Dimensional Controls, or of Table 2, Schedule of Dimensional Controls, other than a minimum yard setback, may not be enlarged or extended. 6.4.4 NONCOMPLYING BUILDING: If a building, or a part of a build- ing, does not comply with the standards in Table L, Schedule of Dimensional Controls, except for minimum lot area or minimum lot frontage, or those that were in effect when it was constructed, and the building was constructed in accordance with a building permit issued by the Town except for such dimensional noncompliance, it shall be considered to be a nonconforming building, and entitled to treatment as such, if the following conditions are met.: a, the noncompliance has existed for at least six years during which time no enforcement action under the provisions of sections 3.1 has been taken, and b. the noncompliance was not created or increased by changes in lot lines after the construction of the building. If a building, or a part of a building, does not comply with the standards in Table 2, Schedule. of Dimensional Controls, except for minimum lot area or minimum lot frontage, or those that were in effect when it was constructed, and conditions a) and b) above are met but the building was not constructed in accordance with a building permit duly issued or there is no evidence a building permit was issued, the board of Appeals may grant a special permit for the continued use of the building under the provisions of section 3.3 provided it determines the building is compatible with its neighborhood and complies with the criteria set forth in sub- section 3.30 subparagraphs b, c, d, and e. 6.5 NONCONFORMING LO'T 6.5.1 No lot which does not comply with the provisions of this By- law with respect to minimum .lot area, minimum lot frontage, or minimum lot width or with the requirements then in effect at the time of recording or endorsement, whichever occur:_, sooner, shall be subdivided or otherwise changed in area or shape, except through public action, so as to be in violation of the provisions of this By -law. A lot already nonconforming with respect to those provi- sions shall not be changed in area or shape so as to increase the degree of noncompliance. A lot which is nonconforming with respect to those: provisions may be ctwnged to be made closer in compliance but once brought closer into compliance i.e, the amount or degree of nonconformity is reduced, it shall not be permitted to revert to noncompliance which is greater than the closest amount or degree of compliance which it has achieved. 6.0 NONC ONFORMING OFF- STREET PARKING AND LO ADING 6.6,1 EXISTING NONCONFORMING PARKING SPACES, LOADING BAYS: Any off - street parking spaces or loading bays in existence on the effective date of this By -Law or thereafter established, which serve a building or use, may not be reduced in number., or changed in location or design contrary to the 'requirements of Section It so as to increase the degree of nonconformity with the requirements of Section 11. If the use of an existing structure or lot, which does not have sufficient parking or loading, including a use which has no off - street parking or loading, is changed to a different type of use- for which a different number of parking spaces or loading bays is required as set forth in subsection 11.3, and there is no increase in the net floor, the following rules shall apply: 1) if there is a net increase in the number of required parking spaces or .Loading bays, that net increase shall be provided, which number shall not include any existing parking spaces or loading bays, and 0? (ADJOURNED SESSION A.T.M. CONT. - APRIL 27, 1988) 2) if there is a net decrease in the number of required parking spaces or loading bays, that lesser number shall be the new basis for determining whether, in the future, there is a net Increase in the number of parking spaces or loading bays required. If it is proposed to increase the net floor area of a building, whether by addition to the exterior Of the building or by internal reconstruction, and the building does not have suffici o ff- street parking or loading, full compliance with Section 11 for the entire building shall be a condition of the issuance of a building permit for the construction of the increase of net floor area. Parking spaces or loading bays in existence on April 4, 1984 which serve existing uses, and comply with the design standards of sub- section 11.7.2 (dimensions), 11.7.4 (loading bays), 11.7.7 (surfac- ing) and 11.7.8 (grade), may be counted toward the number needed for the enlargement or increase in the net floor area of all exist- ing building or the change from one type of use to another, but riot for a new building, even though they do not conform to the require- ments of sub - sections 11.6.2 (Setbacks), 11.7.6b (snow storage), ll.i.fic (access for a parking lot), and 11-7.9 (landscaping), provided they comply to the maximum extent practicable. An applicant seeking credit for existing parking spaces or loading bays shall first submit all off-street parking and loading plan, as provided in subsection 11.2, certified by a registered land survey- or or professional engineer. If the existing paved area is not marked off into parking spaces or loading bays, such spaces or bays, complying with the subsection 11.7.2 (dimensions) shall be delineated on the plan. To qualify, an existing parking space or .loading bay shall be entirely on the lot. 6.6.2 PARKING AND LOADING REQUIREMENTS FOR A BUILDING DESTROYED, DAMAGED OR DEMOLISHED: If a building, for which sufficient off-street parking or loading is riot provided, is destroyed, damag- ed or demolished by the owner, the building may be reconstructed or replaced if otherwise permitted by this By-law, without providing additional parking spaces or loading bays provided the new use is the same type of use (see 11.3.1 or 11.3.3) as the use before the destruction, damage or demolition, or is a type of use that. requir- es the same or fewer parking spaces or loading bays. If parking spaces or loading bays were provided before the destruction, damage or demolition, at least the same number of spaces or bays -hall be provided. If the new use is a different type of use, for which a greater number of parking spaces or loading bays is required, or if more net floor area is to be constructed than previously existed, full compliance with Section 11 for the entire building shall be a condition of the issuance of any building permit for the recon- struction or replacement of the building. 6.7 REPAIR, RECONSTRUCTION 6.7.1 CONTINUANCE, REPALRS. Routine maintenance and repairs are permitted to a nonconforming structure, sign, parking space or loading bay or other nonconforming situation to maintain it in sound condition and presentable appearance. Reconstruction, renovation or alteration that would require the issuance of a building permit or special permit, which, in the opinion of the Building Commissioner, represents a substantial capital investment that will result in unduly prolonging the useful life of the nonconformity is not permitted, except as may be allowed by 6.7.2 or 6.7.3 6.7.Z RECONSTRUCTION AFTER INVOLUNTARY DESTRUCTION (BY RIGHT): Any nonconforming use, structure, building, sign, parking space or loading bay or other nonconforming situation, which i.s destroyed or damaged by explosion, collapse, fire, storm, natural disaster or other catastrophic event any of which Is beyond the control of the owner, to the extent of not more than 50 percent of ...... ..... (ADJOURNED SESSION A.T.M. CON T. — APR IL 27, 1988) its reg>Iac.E *rnetit cost, as detertmiiied by the 15uriding Comnta.ss:roner, may be reconstructed provided there is no increase in Lae site coverage or gross floor area or the degree of nonconformity and the reconstruction conforms to the current requirements of this By -law to the maximum extent practicable in the opinion of the Building Commissioner. In this context, maximum extent practicable shall consider extreme site conditions, such as steep grades, the pre- sence of ledge or other unsuitable soil conditions, or the shape and configuration of the lot. I 6.7.3 RECONSTRUCTION AFTER DESTRUCTION (BY SPECIAL PERMIT). The Board of Appeals may grant a special permit for the recon- struction of a nonconforming use, structure, building, sign, park - ing space or loading bay or other nonconforming situation, which is destroyed or damaged by explosion, collapse, fire, storm, natural . disaster or other catastrophic event any of which is beyond the control of the owner, to the extent of more than 50 percent of its replacement cost, as determined by the Building Commissioner, or by the proposed voluntary action of the owner to demolish, in whole or in part, provided the SPCA determines that: a. there is no increase in the site coverage or gross floor area or the degree of nonconformity, b. the reconstruction conforms to the current requirements of this By -law to the maximum extent practicable as described in subparagraph 6.7.2. C. in Lite case of the reconstruction of a nonconforming use, that it complies with the standards for Lite substitution of a nonconforming use described in subparagraph 6.3.3. 6.8 VESTING Of' RIG HTS DURING ADOPTION 01' AMENDMENTS 6.8.1 A use, building, structure, sign, parking space or Loading bay or other situation which would comply with the provi- sions of this By -law at the time at which a building permit is issued or a special permit is granted but would not comply with a proposed amendment to this By -law shall be considered to be nortcon- forming and may be completed, continued or maintained provided: a. the 'building permit was issued or special permit was granted before the first publication of notice of public hearing on the proposed amendment, and b. substantial physical construction or start of operations is begun within six months of the issuance of a building permit or the grant of a special. permit and is carried through to completion as continuously and expeditiously as is reason - able in the opinion of the Building Commissioner. If the construction is riot completed within 18 months of the issu- ance of the building; permit or the grant of the special permit, the rights to nonconforming status shall cease and the construction shall comply with this By -law, as amended. The filing of an application for either a buildiu permit or a special permit is not sufficient to vest rights but the building permit must be issued or Lhe special permit must be granted prior to such first publication of notice. 6.8.2 Irt Lite event of the filing and subsequent approval of a definitive subdivision plan an exemption from an amendment to this By -law and a right to be treated under the previously existing provisions of this By -law may be vested as set .forth in Section 6 of the Zoning Act, Chapter 40A M.G.L. 6.8.3 In the event of the filing and subsequent endorsement of an 1. approvall riot required" plan, referred to in Section 81P of Chapter 41, Sections 81K -81GG, The Subdivision Control Law, an exemption from an amendment to this By -:Law affecting the use of land only and a right to be treated under the previously existing provisions of this By -law may be vested as set forth in Section 6 of the Zoning Act, Chapter 40A M.G.L. Such exemption shall apply only in the case of the endorsement of a plan showing a subdivi- sion, as defined in section 81L of the Subdivision Control Law, in which there is a change in lot lines and shall not apply in the CAUPPMUD SMUM A.T.M. OW ~ APRIL 27, jv%h) case of the endorsement of a plan which confirms existing lot lines without change. 6.8.4 in the event that rights have been vested under a previous version of the Zoning By-law, an owner may proceed as if that version of the Zon-ing By-law applied to his /her property or he/she may use the most current ver-sion of the Zoning By-law but must use either version of the Zoning By -law fully and cannot select provisions of both versions. 6.9 REGISTRATION 6.9.1 The Building Commissioner may issue a certificate of occu- pancy or certificate of registration of nonconformity which acknowledges the existence of a use, structure, building, sign, parking space, loading bay or other situation which is believed to be nonconforming. The issuance of either certificate shall not be a final determination by the Building Commissioner, unless so stated, that the apparent nonconformity was lawfully created but is a means of recording the size, characteristics and degree of non- conformity at the time of issuance of the certificate."; --------------------------------------------- in Section 2, Definitions, by striking out the existing definition, NONCONFORMING USE OR BUILDING, in its entirety, and by inserting in place thereof the following definition: "NONCONFORMING: Those uses, buildings, structures, parking spaces, loading bays, signs, landscaping and other activities flat are now subject to the provisions of this By-law which were lawful before this By was adopted or before amendments to this By-law which are applicable to the situation were adopted, and such situations do not now conform to the provisions of this by-law."; In Section 1, Dimensional Controls, in the title of subsection 1.2., by deleting the words "LOT SIZE REDUCTION, so the the title, as amended, will read; - 7.2 MINIMUM LOT WIDTH"; by deleting subparagraph 7.2.1 in its entirety and by inserting in place thereof the following: "'7.2.1 CHANGE IN LOT THAT RESULTS IN NON See subpara- graph 6.2.5 dealing with the subdivision or other change in a lot which is now nonconforming or would be made noncomplying."; by deleting subparagraph 7.4.3, which deals With pro-existing neighborhood business lots, in its entirety and by inserting in place thereof: "7.4.3 (Reserved)" by deleting subparagraph 7.4.4, which deals with pre CM district lots, in its entirety and by inserting in place thereof: "7.4.4 (Reserved)'' by deleting subparagraph 7.4.6 which has no text and is reserved, subparagraph 7.4.8, which deals with the legal right of way on an undefined street, and subparagraph 7.4.9, which provides exemptions for certain non buildings, all in their entirety; and by renumbering the existing subparagraphs 7.4.5 and 7.4.7 to be 7.4.3 and 7.4.4 respectively. ; and in Section 11 OFF-STREET PARKING AND LOADING, by deleting subsection 11.1.3 in its entirety and by inserting in place thereof: "11.1.3 EXISTING NONCONFORMING PARKING SPACES, LOADING BAYS: set subparagraph 6.6.1."; and by deleting subsection 11.1.4 in its entirety and by inserting in place thereof: "11.1.4 PARKING AND LOADING REQUIREMENTS FOR A BUILDING DESTRUYED, DAMAGED OR DEMOLISHED: see subparagraph 6.6.2." -------------------------------------------- (ADJOURNED SE SSION A.T.M. C ONT. _ A PRIL 27 ,_1988) PART B By amending the Zoning By -law to insert In the new Section 6, Nonconforming Situations, as set forth in Part A of this motion, the following: "6.5.2 SINGLE LOT EXEMPTION (ISOLATED LOT): A nonconforming lot for use for one- family or two- family dwelling Is exempt from complying with requirements for an increase in minimum ].of area, minimum lot frontage, minimum lot width and minimum yarn setback which have been, or may be, adopted since the lot was created provided that: a, the lot has less than the increased requirement but at least 5,000 square feet of lot area and at least 50 feet of f rootage , b. at the time of recording or endorsement whichever occurs sooner, or at any time subsequently, it was not held in common ownership or combined with any adjoining land, and c, it complied with the then existing requirements, for minimum lot area, minimum lot frontage, minimum lot width and mini- mum yard setback. 6.5.3 LIMITED EXEMPTION FOR SEPARikTE ADJOINING NONCONFORMING LOTS IN COMMON OWNERSHIP: A separate nonconforming lot, for use for a one - family or two - family dwelling, which adjoins not more Chan two other separate lots in common ownership is exempt until May 1, 1993 from complying with the requirements for a minimum lot area of greater than 7500 square feet, or from minimum lot frontage or minimum lot width of more than 75 feet, provided that all of the following conditions are met: a. the plan for such .lots was recorded prior to January 1, 1976 and at the time of recording or endorsement, whichever occurred sooner, and at all times subsequently, each such lot was a separate lot and was not combined, with other adjoining lots held in common ownership, and b. cacti such separate lot complied with all other requirements of this By -law in effect as of January 1, 1976, and C. each such separate :lot held in common ownership had at least 7,500 square feet of ].of area and at least 75 feet of frontage. For the purposes of this section, a separate lot is one which would not be considered to be combined by the application of the tests set forth in subparagraph 6.5,4. This provision shall not apply to more than three such nonconform- ing lots held in common ownership. In the event that there are more than three such lots held in common ownership, no building permit for the construction of a new one - family or two- family dwelling shall be issued until such lots are combined into one or more lots complying with all requirements of this By -law. In the event that there are not more than three separate lots held in common ownership and not all lots have at least 7,500 square feet of lot area and at least 75 feet of .frontage, no building permit for the construction of a new one - family or two- family dwelling shall be issued until the land in lots which do not. have at least 7,500 square feet of lot area and at least 75 feet of frontage (undersized lots) are combined with the nonconforming lots which do have at Least those dimensions. The right to combine Such - undersized lots with one or more nonconforming lots for which the exemption is available shall expire on May 1, 1993 and file exemp- tion from the requirements for minimum lot area, m3.nimum tot front- age and minimum lot width shall not be allowed thereafter. 6.5,4 COMBINATION OF LOTS: A lot which does not comply with the provisions of this By -law which has been combined with one or more other lots does not retain its nonconforming status and is considered to form a larger :lot, for zoning purposes, if any of the following has occurred: a. COMBINATION BY DEED: When two or more lots have been treat - ed as one lot for conveying purposes at any point in the (ADJOURNED SESSION A.T.M. CONT. - APRIL _27 1988) chain of title by referring to a single area and or by a single perimeter description or by being shown on a recorded plan as one lot and the conveyance postdates the recorded deed or plan relied on to establish nonconforming status. b. COMBINATION BY USE: When two or more adjacent nonconforming lots are held in common ownership, even though described separately by deed, and: 1) a structure for a principal use has been constructed on or over the side lot line(s) separating the lots, or 2) a structure, with a permanent foundation, for a princi- pal or accessory use has been constructed Within the then required minimum side yard setback required from the side lot line(s) separating the lots, or 3) one of the lots is used for any significant structure on a permanent foundation, such as but not limited to a barn, storage building or greenhouse, or a required accessory use, whether in a structure or not, such as but not limited to, off street parking or a driveway, if such accessory structure or required accessory use has a demonstrable relationship to a principal use on the other lot. c. COMBINATION BY APPLICATION: When an owner of two adjacent lots has represented to the Town in an application for a building permit, special permit or variance for any struc- ture or use that the lots are one lot for zoning purposes, and such building permit or special permit or variance was granted in reliance on that representation, and the struc- ture or use would not have complied with the zoning regula- Lions then in effect but for the representation that the lots constituted one lot for zoning purposes. As a condition of the granting of a building permit for any new one- or two-family dwelling, the Building Commissioner shall require that a plan, showing the combination of the two lots into one, be recorded in the Registry of Deeds. Once a lot has been combined into a larger lot, for zoning purpos- es, it may not be subdivided or otherwise clanged to revert to noncompliance which is greater than the closest amount or degree of compliance which it has achieved as a combined lot. in interpretation of these provisions, the Building Commissioner and the Board of Appeals shall rely principally on the deeds and other instruments recorded in the Registry of Deeds. The treatment of lots by the Board of Assessors are considered to be an admini- strative determination of that Board and are not a substitute for the property records of the Registry of Deeds. 6.5.5 LOT WITHOUT FRONTAGE ON A STREET: A lot which does not have the minimum lot frontage required by this By-law, including any rights of nonconforming lots, on either a public street or an unaccepted street (see definitions) and does not appear on the Zoning Map but may abut a right-of-way, interior drive or other way is not a building lot for zoning purposes. If frontage is provid- ed for such lot by the construction of a new street, such lot is not entitled to treatment as a nonconforming lot and must comply with all provisions of this By-law."; in subsection 7.4 EXEMPTIONS FROM DIMENSIONAL REQUIREMENTS, In subparagraph 7.4.1, by deleting the existing wording, including tables a and b, in its entirety, and by inserting in place thereof: - 7.4.1 NONCONFORMING ISOLATED SINGLE LOTS: In RO, RS and RT districts, if a lot qualifies for the isolated Single lot exemption, (see 6.5.2), has the minimum lot frontage and area Set forth in a. below, and if used for the construction of a one-family dwelling, or, in the RT district for a two-family dwelling, or a permitted accessory structure in any of those three districts, such lot is exempted from the minimum lot area, minimum lot frontage and Minimum lot width requirements of this By-law and may have a side yard setback not less than that set forth in b. below. This exemp- tion does not apply to nonconforming adjoining lots in common . (ADJOUR SESSIO A.T.M. CONT. - APRIL 27, 1958) ownership except as subparagraph 6.5.3 may allow a limited exemp- tion from the requirements for minimum lot area, lot frontage and lot width. a. MINIMUM AREA AND FRONTAGE; Lots laid out and recorded Area in sq. £t. Frontage . by plan or deed at Least at least Prior to March 18, 1929 5,000 50 ft. On or after March 18, 1929 7,500 75 ft. and prior to August 8, 1938 On or after August 8, 1938 12,500 100 ft. and prior to December 4, 1950 On or after December 4, 1950 15,500 125 ft. and prior to December 1, 1953 and located in the RO district b. SIDE YARD SETBACK If Actual Lot Frontage Is. Side Yard Must Be Not Less Than 50 feet 7.5 feet More than 50 feet but not 10 feet more than 75 feet More than 75 feet but not 12 feet more than 100 feet More than 100 feet 15 feet " 2A -7 (ADJOURNED SESSION, A.T.M., CONT. — APRIL 27, 1988) The moderator declared the article would be divided into its parts. Mrs. Uhrig proceded with Part A. Discussion followed. 10:16 p.m. — Mrs. Uhrig made the following motion MOTION: in subparagraph 6.4.1a by striking, out the passed word "noncompliance" and by inserting i.n place see below thereof the word "nonconformity" (P•239 for original) Following a voice vote at 10.17 p.m., the Moderator declared unanimous passage of the amendment. Discussion continued on Part A. 10:46 p.m. — Mrs. Uhrig made the following motion: MOTION: in paragraph 6.7.1 by deleting the second sentence. passed see below (p.241 for Following a voice vote at 10:47 p.m., the Moderator declared original) unanimous passage of the amendment. Following a voice vote at 10:47 p.m., the Moderator declared unanimous passage of Article 40, Part A as amended. 10.48 p.m. — John Eddison, Board of Selectmen, moved to adjourn until Monday, May 2, 1988, at 8 p.m., in Cary Hall. i Following a voice vote, the Moderator declared the Meeting adjourned until Monday, May 2, 1988, at 8 p.m., in Cary Hall. A true copy. Attest. Bernice H. Fallick, Town Clerk SEE Page 248 for Article 40, Part A as amended and as passed. Part B did not pass (AUJOURNEt; SESSION Awn, OAT. - ATTL 27, 19�a) as amended ARTICLE 40 ZON ING BY -LAW, NONCONF SITUATIONS and as passed MO'T'ION FOR TOWN CLERIC Motion: That the Zoning By-law be amended as follows: PART A. by striking out the existing Section 6 NON - CONFORMING USES AND STRUCTURES in its entirety and by inserting in place thereof a new Section 6 NONCONFORMING SITUATIONS, as follows: "SECTI'O'N 6 NONCONFORMING SITUATIONS 6.1.1 NONCONFORMING SITUATIONS: For the purposes of this By -law nonconforming situations are those uses, buildings, struc- tures, parking spaces, loading bays, signs, landscaping and other activities that are now subject to the provisions of this By -law which were l befo this By -law was adopted or before amend- ments to this By -law which are applicable to the situation were adopted, and such situations do not now conform to the provisions of this By -law. 6.1.2 NONCOMPLYING SITUATIONS: 'Those uses, buildings, structures, parking spaces, loading bays, signs, landscaping and other activities that are subject to the provisions of this By -law which were not lawiu created afte this By was adopted or after amendments to this By -law which are applicable to those situations were adopted, are in violation of this By -law and may be called noncomplying situations. 6.1.3 NONCOMPLYING STRUCTURES 10 YEARS OR OLDER : in accordance with Section 7, Chapter 40A M.G.L., a structure, which has not been in compliance with this By -law, or with the conditions set forth in any special permit or variance affecting the structure, for a period of 10 years or more from the commencement of the violation, may not be the subject of an enforcement action by the Town to compel the removal, alteration, or relocation of such structure. Structures which qualify under Section 7, Chapter 40A M.G.L., are considered to be nonconforming structures and are entitled to treatment as such as provided in this section. 6.1.4 OBJEC'T'IVES The provisions of this section are intended to achieve the following purposes: a. To allow nonconforming; situations to continue until they are discontinued or abandoned. b. To encourage change in nonconforming situations toward greater compliance with the provisions of this By -law and to reduce the degree of nonconformity. c. To discourage any expansion of a nonconforming use, as measured either by the amount of floor space or land area used or by the volume of activity in the use; and to encour- age the substitution of other uses, which may also be non- conforming„ but which are more compatible with, and have fewer adverse impacts on, the surrounding area. d. To permit some expansion of nonconforming buildings provided there are not demonstrable adverse impacts on adjoining properties, e. Where a nonconforming situation is proposed to be changed, to encourage greater conformity with all the provisions of the By -law and the objectives and purposes stated in this By-law. f. In the event of the partial destruction of a nonconforming situation, to permit the reconstruction of the nonconforming situation so that the owner, and tenants if any, are not subjected to substantial economic loss while, at the same Lime, seeking; to achieve greater conformity with the provi- sions of this By -law and to reduce any adverse impacts on the surrounding area. 60 OWMMD STIRM 10LAs C1QQ ABU! 27, 1585) 24 g. To permit the treatment Of non situations to be varied by the type of zoning district and the type of non- conformity, i,e, to have a different approach for uses, structures, parking or lots, for example. 6.2 GENERAL PROVISIONS 6.2.1 A use, building, structure, parking space, loading bay, sign, landscaping or any other activity which is nonconform- ing, but not non-complying, may be continued but may not be in- creased or expanded except as may be specifically authorized by this section, If such nonconforming situation is abandoned or terminated, as set forth below, it may not be resumed except in compliance with this By-law. 6.2.2 LAWFULLY CREATED: A use, building, structure, lot, parking space, loading bay, sign, landscaping or any other activity is considered to be lawfully created, with respect to zoning re- quirements, if: a. it was in existence on March 17, 1924 when the Zoning By-law was originally adopted, or, b. subsequent to March 17, 024 it was permitted by right by the Zoning By-law and was in existence prior to the effect- ive date of any amendment which renders it nonconforming, and if required at the time of its creation, a building permit or certificate of occupancy was issued. As the records of the Building/Inspection Department in earlier years are incomplete, the Building Commissioner may accept such evidence Of !awful creation for those years as he/she may deem to be adequate in lieu of official Town records. b.2.3 SPECIAL PERMIT, VARIANCE ARE NOT NONCONFORMING: A use, building, structure, lot, parking space, loading bay, sign, landscaping or any other activity which is not otherwise permitted by right and does not Comply With this BY due to the granting of a variance or special permit, is not a nonconforming Situation, is not entitled to the treatments afforded by this section and is bound to the conditions of the special permit or variance, as granted. In the case of a special permit or variance which is not entitled to treatment as a nonconforming Situation, the Board of Appeals may grant an additional special permit or variance which has the effect of extending such special Permit or variance for an additional period of time provided such special permit or variance is subject to conditions that: a. are not more permissive than those in the most recently approved special permit or variance, and b. bring the situation closer to compliance with the provisions of this By -law. 6.2.4 ONCE IN CONFORMITY, Ok CLOSER TO CONFORMITY, CANNOT REVERT: once a use, building, structure, lot, parking space, loading bay, sign, landscaping or any other activity which had been noncon- forming is brought into CU"fOrMitY With this By-law, it shall not be permitted to revert to nonconformity. Once a use, building, structure, lot, parking space, loading bay, sign, landscaping or any other activity which is nonconforming is brought into closer conformity with this By-law, i.e. the amount or degree of noncon- formity is reduced, it shall not be permitted to revert to noncon- formity With the provisions of this By-law which is greater than the closest amount or degree of conformity which it has achieved. 6.2.5 CHANCE IN LOT THAT RESULTS IN NONCOMPLIANCE: No lot upon which there is a building or for which a building permit is in force shall be subdivided or otherwise changed in area or shape, except through public acquisition, so as to result in a violation, applicable to either the lot or the building, of the requirements of Tabie 2, Schedule of Dimensional Controls, and of other appli- cable requirements of this by A iOL already nonconforming (ADJOU RNED,_SF -S51 0N A.T.M. CONT. - APRiL 27, 1988) shall not be changed in area or shape so as to increase the degree of nonconformity with the requirements of this By -law; a nonconfor- ming lot may be changed in area or shape to move closer to Conform- ity with the requirements of this By -law. If land is subdivided, conveyed or otherwise transferred in violation hereof, no building; or other permit shall be issued with reference to said transferred land until both the lot retained and the newly created lots) meet the requirements of this By -law. 6.2.6 NONCONFORMITY RESULTING FROM PUBLIC ACTION, If, as a result of public acquisition, a use, building, structure, lot, parking space, loading bay, sign, .Landscaping or any other activity no longer complies with this By -law, it shall be considered to be nonconforming and entitled to the treatment afforded by this sec- tion provided it was in compliance at the time of the public acquisition. 6.2.7 DISCONTINUANCE, ABANDONMENT: A nonconforming use or struc- ture or other nonconforming situation is considered to be discontinued or abandoned whenever: a. it is not used for a period of 24 consecutive months, or b. there is evidence of discontinuance or abandonment and it is apparent that the owner does not intend to resume the use or other nonconforming situation, whichever occurs first. in the administration of part b. above, evidence of discon- tinuance or abandonment shall be: 1) bringing the use, structure or other nonconformity into compliance with this By -law, or, 2) ceasing to be open to the public for the conduct of business for a period of six continuous months, and one or more of the following: a) removal of customary equipment or supplies for the operation of a use, b) disconnecting electrical, gas or other utility services, c) failure to provide for operation in colder weather such as ceasing to heat the building at normal levels required by health regulations or failing to provide snow removal, d) issuance of a notice of an unsafe structure by the Building Commissioner, In the event that the Building Commissioner has evidence of discontinuance or abandonment, he /she shall communicate with the owner of record, by certified mail, inquiring as to the owner's intent and informing the owner of the potential loss in nonconforming status. Such owner shall be allowed a period of thirty days from the transmittal of such communi- cation in which to respond and to take action. Discontinuance or abandonment of a part of a nonconforming use, structure or situation shall not normally be considered to be evidence of discontinuance or abandonment of the whole unless that part which is discontinued or abandoned is the part which causes the nonconformity. 6.2.8 The rights of a nonconforming use, structure, building, lot, parking space, loading bay, landscaping or other situation are not affected by a change in ownership, tenancy or management unless such ownership, tenancy or management is specifically a condition of the issuance of a permit. 6.3 NONCO NFORMING USES 6.3.1 A nonconforming use may be continued to the same degree and for the same purpose but may not be altered, expanded or extended. A nonconforming use shall be considered to be altered, expanded or extended it there Is: 2 (ADJOURNED SESSION Aj.M.q_QNT. - APRIL 27, 1988) a. an increase in the net floor area, or b. an increase in the number of employees, or C. a substantial increase in the number of automobile or crock traffic trips generated by the use, or d. an increase in the hours of operation, or e. a change from seasonal to full time operation, since the use first became nonconforming. 6.3.2 A nonconforming use is limited to the lot on which it is located and cannot be relocated to another lot within the same zoning district. 6.3.3 SUBSTITUTION OF NONCONFORMING USE: The board of Appeals may issue a special permit to allow a new use, not otherwise permitted by right in the zoning district in which the nonconform- ing use is located, to be substituted for the existing nonconform- ing use subject to the following conditions: a. The new use is more compatible with the zoning district in which the nonconfoming use is located than the existing nonconforming use it replaces. In this context, more compa- tible shall mean it complies with the criteria set forth in subsection 3.3.2 subparagraphs c, d and e, and b. The new use is Consistent with the purpose of the zoning district in which it is to be located as set forth in sub- paragraph 1.2.3. and c. In the case that an existing nonconforming use is a commer- cial use (is listed in Table 1, Permitted Uses and Develop- ment Standards, Part B) and is located in a residential zoning district, the SPCA may permit: 1) the substitution of another use permitted in any resi- dential district or 2) if the SPCA first determines that a use permitted in a residential district is not feasible, it may permit a new commercial use that is permitted in the CN district in substitution instead. 6.3.4 If a new use, not otherwise permitted by right in the zoning district in which it is located is allowed by a special permit granted under subparagraph 6.3.3, the new substituted use shall be considered to be the non-conforming use and the previous nonconforming use shall not be reestablished. 6.4 NONCONFORMING BUILDINGS 6.4.1 ONE-FAMILY, TWO-FAMILY DWELLING: An existing nonconforming one-family or two-family dwelling which is nonconforming with respect to a minimum yard setback may be enlarged or extended in any other direction in compliance with this By-law by the issu- ance of a building permit as provided in subsection 3.1.2. That part of an existing nonconforming dwelling which is nonconforming with respect to a minimum yard Setback may be enlarged or extended in that yard provided the SPCA grants a special permit and all of the following conditions are met- a. the degree of nonconformity is not greater than 50 percent of the required minimum yard setback, b, the site coverage of the dwelling within that minimum yard setback is not increased, and C. the SPCA determines that the extension or enlargement is appropriate in scale and mass for the neighborhood, with particular consideration of abutting properties. 6.4.2 An existing nonconforming building, other that a one- family or two family dwelling, which is nonconforming with respect to a minimum yard setback may be enlarged or extended in any other direction in Compliance with this By-law by the issuance of a building permit as provided in subsection 3.1.2 provided all other toes, structures and activities on the lot Comply fully with the requirements of this By-law. ( ADJOURNED SES SION A.T.M. CONT. - APRIL 2.7, 1958) 6.4.3 An existing nonconforming building, other than a one- family or two family dwelling, which is nonconforming with respect to another requirement of Section 7, Dimensional. Controls, or of 'fable. 2, Schedule of Dimensional Controls, other than a minimum yard setback, may not be enlarged or extended. 6.4.4 NONCOMPLYING BUILDING: If a building, or a part of a build- ing, does not comply with the standards in Table 2, Schedule of Dimensional Controls, except for minimum lot area or minimum lot frontage, of those that were in effect when it was constructed, and the building was constructed in accordance with a building permit issued by the Town except for such dimensional noncompliance, it shall be considered to be a nonconforming building, and entitled to treatment as such, it the following conditions are met. a. the noncompliance has existed for at least six years during which time no enforcement action under the provisions of sections 3.1 has been takers, and b. the noncompliance was not created or increased by changes in lot lines after the construction of the building. It a building, or a hart of a building, does riot comply with the standards in Table 2, Schedule of Dimensional Controls, except for minimum lot area or minimum lot frontage, or those that were in effect when it was constructed, and conditions a) and b) above are met but thL building was not constructed in accordance with a building permit duly issued or there is no evidcnce a building permit was issued, the Board of Appeals may grant a special permit for the continued use of the building under the provisions of section 3.3 provided it determines the building is compatible with its neighborhood and complies with the criteria set forth in sub - section 3.3.2 subparagraphs b, c, d, and e. 6.5 NONCONFORMING LOTS 6.5.1 No lot which does not comply with the provisions of this By- law with respect to minimum lot area, minimum lot frontage, or minimum lot width or with the requirements then in effect at the time of recording or endorsement, whichever occurs sooner, shall be subdivided or otherwise changed in area or shape, except through public action, so as to be in violation of the provisions of this By -law. A lot already nonconforming with respect to those provi- sions shall not be changed in area or shape so as to increase the degree of noncompliance. A lot which is nonconforming with respect to those provisions may be changed to be made closer in compliance but once brought closer into compliance i.e. the amount or degree of nonconformity is reduced, it shall not be. permitted to revert to noncompliance which is greater than the closest amount or degree of compliance which it has achieved. 6.6 NONCONFORMING OF - STREET PARKING AND LOADI 6.6.1 EXISTING NONCONFORMING PARKING SPACES, LOADING BAYS: Any off- str(-- parking spaces or loading bays in existence on the effective date of this By -Law or thereafter established, which serve a building, or use, may not be reduced in number, or changed in location or design contrary to the requirements of Section 11, so as to increase the degree of nonconformity with the requirements of Section II. If the use of an existing structure or lot, which does not have sufficient parking or loading, including a use which has no off- °! street parking or loading, is changed to a different type of use for which a different number of parking spaces or loading bays is required as set forth in subsection 11.3, and there is no increase in the net floor, the following rules shall app'Ly; 1) if there is a net increase in the number of required parking spaces or loading bays, that net increase shall be provided, which number shall not include any existing parking spaces or loading bays, and (ADJOURNED SESSION A.T.M. CONT. - APRIL Q. 198§8) 2) if there is a net decrease in the number of required parking spaces or loading bays, that lesser number shall be the now basis for determining whether, in the future, there is a net increase in the number of parking spaces or loading bays required. If it is proposed to increase the net floor area of a building, whether by addition to the exterior of the building or by internal reconstruction, and the building does not have sufficient off- street parking or loading, full compliance with Section 11 for the entire building shall be a condition of the issuance of a building, permit for the construction of the increase of net floor area. Parking spaces or loading bays in existence on April 4, 1984 which serve existing uses, and comply with the design standards of sub- section 11.7.2 (dimensions), 11.7.4 (loading bays), 11.7.7 (surfac- ing) and 11.7.8 (grade), may be counted toward the number needed for the enlargement or increase in the net floor area of an exist- ing building or the change from one type of use to another, but not for a new building, even though they do not conform to the require- meats of sub- sections 11.6.2 (setbacks), 11.7.6b (snow storage), 11.7.6c (access for a parking lot), and 11.1.9 (landscaping), provided they comply to the maximum extent practicable. An applicant seeking credit for existing parking spaces or loading bays shall first submit an off-street parking and loading plan, as provided in subsection 11.2, certified by a registered land survey- or or professional engineer. If the existing paved area is not marked off into parking spaces or loading bays, such spaces or bays, complying with the subsection 11.7.2 (dimensions) shall be delineated on the plan. To qualify, an existing parking space or loading bay shall be entirely on the lot. 6.6.2 PARKING AND LOADING RE FOR A BUILDING DESTROYED, DAMAGED OR DEMOLISHED: If a building, for wlAch sufficient off-street parking or loading is not provided, is destroyed, damag- ed or demolished by the owner, the building may be reconstructed or replaced if otherwise permitted by this By-law, without providing additional parking spaces or loading bays provided the new use is the same type of use (see 11.3.1 or 11.3.3) as the use before the destruction, damage or demolition, or is a type of use that requir- es the same or fewer parking spaces or loading bays. if parking spaces or loading bays were provided before the destruction, damage or demolition, at least the same number of spaces or bays shall be provided. If the new use is a different type of use, for which a greater number of parking spaces or loading bays is required, or if more net floor area is to be constructed than previously existed, full compliance with Section 11 for the entire building shall be a condition of the issuance of any building permit for the recon- struction or replacement of the building. 6.7 REPAIR, RECONS'T'RUCTION 6.7.1 CONTINUANCE, REPAIRS: Routine maintenance and repairs are permitted to a nonconforming structure, sign, parking space or loading bay or other nonconforming situation to maintain it in sound condition and presentable appearance. 6.7.2 RECONSTRUCTION AFTER INVOLUNTARY DESTRUCTION (BY RIGHT): Any nonconforming use, structure, building, sign, parking space or loading bay or other nonconforming situation, which is destroyed or damaged by explosion, collapse, fire, storm, natural disaster or other catastrophic event any of which is beyond the control of the owner, to the extent of not more than 50 percent of its replacement cost, as determined by the Building Commissioner, ..... ... .. (ADJOURNED S ESSION A CONT. - A PRIL z7, 13b8) may be reconstructed provided there is no increase in Lhe site coverage: or gross floor area or the degree of nonconformity and the reconstruction conforms to the current requirements of this By -law to the maximum extent practicable in the opinion of the Building Commissioner. in this context, maximum extent practicable shall.. consider extreme site conditions, such as steep grades, the pre - sence of ledge or other unsuitable soil conditions, or the shape and configuration of the lot. 6.7.3 RECONSTRUCTION AFTER DESTRUCTION (BY SPECIAL PERMIT): The Board of Appeals may grant a special permit for the recon- _ situction of a nonconforming use, structure, building, sign, park- ing space or loading bay or other nonconforming situation, which is destroyed or damaged by explosion, collapse, fire, storm, natural disaster or other catastrophic event any of which is beyond the control of the owner, to tide extent of more than 50 percent of its replacement cost, as determined by the Building Commissioner, or by the proposed voluntary action of the owner to demolish, in whole or in part, provided the SPCA determines that: a. there is no increase in the site coverage or gross floor area or the degree of nonconformity, b. the reconstruction conforms to the current requirements of this fly -law Lo the maximum extent practicable as described in subparagraph 6.7.2. C. in the case of the reconstruction of a nonconforming use, that it complies with the standards for the substitution of a nonconforming use described in subparagraph 6.3.3. 6.8 VESTING OF RIGHTS DUR ADO PTION OF AMENDM 6.8.1 A use, building, structure, sign, parking space or loading bay or other situation which would comply with the provi- sions of this By -law at the time at which a building permit is issued or a special permit is granted but would not comply with a proposed amendment to this By -law shall be considered to be noncon- forming and may be completed, continued or maintained provided: a. the building permit was issued or special permit was granted before tire first publication of notice of public hearing on the proposed amendment, and b. substauLial physical construction or start of operations is begun within sir, months of the issuance of a building permit or tare grant of a special permit and is carried through to completion as continuously and expeditiously as is reason- able in the opinion of the Building Commissioner. If the construction is not completed within 18 months of the issu- ance of the building permit or the grant of the special permit, the rights to nonconforming status shall cease and the construction shall comply with this By --law, as amended. The filing of an application for either a building permit or a special. permit is not sufficient to vest rights but the building permit roust be issued or the special perruit must be granted prior to such first publication of notice. 6.8.2 In the event of the filing and subsequent approval of a definitive subdivision plain an exemption from an amendment to this By -law and a right to be treated under tire previously existing provisions of this By -ia,w may be vested as set forth in Section 6 of the 'Lowing Act, Chapter 40A M.G.L. 6.8.3 In the event of the filing and subsequent endorsement of air "approval riot required" plan, referred to in Section 81P of Chapter 41, Sections 81K- 81,GG, The Subdivision Control Law, an exemption from an amendment to this By -law affecting the use of land only and a right to be treated under the previously existing; provisions of this By -law may be vested as set forth in Section 6 of tine Zoning Act, Chapter 40A M.G.L. Such exemption shall apply only in tire case oil the endorsement of a plan showing; a subdivi- sion, as defined in section 81L of the Subdivision Control Law, in which there is a. change in lot lines and shall not apply in the 255 (ADJOURNED SESSION A.T.M. CONT. - APRIL 27, 1988) case of the endorsement of a plan which confirms existing lot lines without change. 6.8.4 In the event that rights have been vested under a previous version of the Zoning By -law, an owner may proceed as if that version of the Zon-ing By-law applied to his/her property or he/she may use the most current ver-sion of the Zoning By -law but must use either version of the Zoning By-law fully and cannot select provisions of both versions. 6.9 REGISTRATION 6.9.1 The building Commissioner may issue a certificate of occu- pancy or certificate of registration of nonconformity which acknowledges the existence of a use, structure, building, sign, parking space, loading bay or other situation which is believed to be nonconforming. The issuance of either certificate shall not be a final determination by the Building Commissioner, unless so stated, that the apparent nonconformity was lawfully created but is a mean, of recording the size, characteristics and degree of noil- conformity at the time of issuance of the certificate."; -------------------------------------------- in Section 2, Definitions, by striking out th eX i S ti rl L, definition, NONCONFORMING USE OR BUILDING, in its entirety, and by inserting in place thereof the following definition: "NONCONFORMING: Those uses, buildings, structures, parking spaces, loading bays, signs, landscaping and other activities that are flow subject to the provisions of this By-law which were lawful before this By-law was adopted or before amendments to this By-law which are applicable to the situation were adopted, and such situations do not now conform to the provisions of this By-law."; In Section 7, Dimensional Controls, in the title of subsection 7.2., by deleting the words "LOT SIZE REDUCTION," so the the title, as amended, will read: "7.2 MINIMUM LOT WIDTH"; by deleting subparagraph 7.2.1 in its entirety and by inserting in place thereof the following: "7.2.1 CHANGE IN LOT THAT RESULTS IN NON-COMPLIA14CE: See subpara- graph 6.2.5 dealing with the subdivision or other change in a lot which is now nonconforming or would be made noncomplying."; by deleting subparagraph 7.4.3, which deals with pre-existing neighborhood business lots, in its entirety and by inserting in place thereof: (Reserved)" by deleting subparagraph 7.4.4, which deals with pre-existing CM district lots, in its entirety and by inserting in place thereof: "7.4.4 (Reserved)" by deleting subparagraph 7.4.6 which has no text and is reserved, subparagraph 7.4.8, which deals with the legal right of way oil an undefined street, and subparagraph 7.4.9, which provides exemptions for certain non-complying buildings, all in their entirety; and by renumbering the existing subparagraphs 7.4.5 and 7.4.7 to be 7.4.3 and 7.4.4 respectively. ; and in Section 11 OFF-STREET PARKING AND LOADING, by deleting subsection 11.1.3 in its entirety and by inserting in place thereof: "11.1.3 EXISTING NONCONFORMING PARKING SPACES, LOADING BAYS: see subparagraph 6.6.1."; and by deleting subsection 11.1.4 in its entirety and by inserting in place thereof: PARKING AND LOADING REQUIREMENTS FOR A BUILDING DESTROYED, DAMAGED OR DEMOLISHED: see subparagraph 6.6.2." --------------------------------------------- ADJOURNED SESSION - 1988 ANNUAL TOWN MEETING MAY 2, 1988 The meeting was called to order by Moderator Margery M. Battin at 8:00 p.m., in Cary Memorial Hall. There were 177 Town Meeting Members present. 8:00 p.m. The invocation was offered by the Reverend Mr. william Wildes, St. Brigid's Church. 8:02 p.m. - The Moderator declared a formal recess. Leo McSweeney, Lexington Youth Committee, introduced the Hayden Precision Teams and congratulated them for their accomplishments. 8:12 p.m. - The Moderator declared the meeting to be open. ------------------------------ ARTICLE 2 - REPORTS 8:12 p.m. - James Scanlon presented the Progress Update on Alterations and Renovations to Public School Buildings. ----------------- ARTICLE 40 continued, Part B. 8:19 p.m. - Judith Uhrig, Planning Board, continued the presentation of Article 40 with Part B. MOTION: Part B of Article 40 be amended: amendment passed 1) by striking out subparagrapii 6.5.3 in its see below entirety; But all of Part B failed to 2) by renumbering subparagraphs 6.5.4 and 6.5.5 to be pass 6.5.3 and 6.5.4 respectively; 3) in subparagraph 6.5.2, in the first line by see below striking out the words "(ISOLATED LOT)"; in subparagraph "b" by deleting the words: "held in common ownership or" 4) in subparagraph 7.4.1 by striking out the word "isolated" in the subtitle and in the first line; and by deleting the second sentence in its entirety. 8:29 - p.m. - Presented by Mrs. Uhri-g. Following a voice vote at 8:21 p.m., the Moderator declared the amendment offered by Mrs. Uhrig to have passed unanimously. Discussion continued with emphasis on affordable housing and ownership rights. Following a voice vote at 8:46 p.m., the Moderator ruled that Article 40, Part B, did not carry. --------------------------- (ADJOURNED SESSION, A.T.M., CONT. - MAX 2, 1988) ARTICLE 41 - ZONING BY -LAW, ACCESSORY APARTMENTS 8:47 p.m. - David W1.1l_iams, Planning Board, moved that the Report of the Planning Board on Article 41 be accepted and placed on file. Following a voice vote at 8;47 p.m., the Moderator ruled the Report to have been accepted and placed on file. The Moderator ruled that Article 41 would be divided into its various sections for discussion and vote. 8:48 p.m. - Motion as presented by Mr. Williams- (insert ARTICLE 41 here) 41, Rawls amend.passed see p.261 41,A, as amended passed see p. 261 41,B, two amendments see p. 261,262 41,C, passed see p.262 Notice of Reconsideration see p. 263 See p. for Article 41, as amended and as passed 2 5 D (AD JOURNED SESSION, A.T.M., CONT. - MAY 2, 1988) ARTICLE 41 ZONING BY-LAW, ACCE APARTMENTS MOTION FOR TOWN CLERK Motion: That the Zoning By-Law be amended as follows. PART A. 1) In subparagraph 5.2.2 a. 5, which deals with the minimum floor area required in a dwelling in order to qualify for an accessory apartment, by striking out the number "2,500" square feet and by inserting in place thereof "2,000" square feet. 2) in subparagraph 5.2.2 a. 6, which deals with the maximum percentage of the floor area in a dwelling that can be occupied by an accessory apartment, by striking out the number "30" percent and by inserting in place thereof the number "35" percent; by adding the words ", but not more than 900 square feet, whichever is less." after the words - floor area" in the second line; by moving the words: -, excluding areas in the structure used for parking," from the second line to appear after the words "of the accessory apartment" in the first line; and by deleting the words: - of the dwelling as of January 1, 1983" from the last fine; so that the sentence, as amended, will read: "The maximum gross floor area of the accessory apartment, excluding areas in the structure used for parking, shall not exceed 35 percent of the gross floor area, but not more than 900 square feet, whichever is less. " 3) In subparagraph 5.2.6, in the third and fourth lines, by striking out the words: - ...Table 1, Use Regulations Schedule, line 1.6..." and by inserting in place thereof the words: "...Table 1, Permitted Uses and Development Standards, line PART B 1) In subparagraph 5.2.2 a. 5, which deals with the date on which a dwelling had to be in existence and the minimum gross floor area re- quired to quality for an accessory apartment, by striking out the existing wording and by inserting in place thereof: "The gross floor area of the dwelling, excluding floor area in the dwelling used for off-street parking, as of January 1, 1983, was at least 2,000 square feet. The amount of the gross floor area, excluding floor area in the dwelling used for off-street parking, shall be veri- fied in the records of the Buiiding/InspecLiop department, or in the Board of Assessors, or in such documentation as the building commis- sioner may accept. In the case of a detached one-family dwelling in existence on January 1, 1983, which did not, at that time, have 2,000 square feet, excluding floor area in the dwelling used for off-street parking, and is on a lot the area of which is at least 15,500 square feet In an RS district and at least 30,000 square feet in an RD district, an addition may be made to such dwelling so that it will qualify for an accessory apartment provided that the dwelling will meet the applicable conditions and requirements of section 5.2. In the case of a detached one- family dwelling constructed after January 1, 1983, including after the effective date of this amendment, which is not in a planned residential development (see Section 9), the board of Appeals may grant a special permit allowing the construction of an accessory apartment provided the lot on which it is located has an area of at least 18,000 square feet if located in an RS district and at least 33,000 square feet if located in an RD district and if the Board of Appeals determines that the proposed construction complies with all the applicable conditions and requirements of section 5.2."; and . ...... ... .... (ADIODtt[&D SE HM A .T.M., cau. -MAY 2, IWQ 2) In subparagraph 5.2,2 b, by striking out subparagraph 2, which prohibits enlargements or extensions in the size of a dwelling to crenate space for an accessory apartment, in its entirety and by reauna- boring the existing subparagraphs 3 and 4 to be 2 and 3 respectively, 3) In subparagraph 5.2.2 a, which are the general conditions and requirements for all accessory apartments, by .;adding a new subparagraph 9, as .Follows: "9, There shall be usable open space, as defined in subparagraph 9.30, for the recreation and leisure time use of the occupants of the dwelling, on the lot equal to or greater than the gross floor area of the dwelling." PART C 1) by adding a new subsection 5.2,7, as follows: "5.2.7 ACCESSORY APARTMENT IN ACCESSORY S'T'RUCTURE 5.2.7.1 NEW ACCESSORY APARTMENT IN AN ACCESSORY STRUCTURE: Notwith- standing the provisions of this by -law that state an accessory apartment shall be located in a =structure constructed as a detached one family dwelling and the prohibition in subparagraph 7.1.4 against having more than one dwelling on a lot, the board of Appeals may grant a special permit to allow the construction of an accessory apartment in an existing accessory structure which is on the same lot in the RS or RO district as an existing one - family dwelling provided: a, The lot has an area of at least 15,000 square feet in the RS district and at least 3:3,000 square feet in the RO district; b. The structure was in existence on January 1, 1983; c, 'Thu accessory apartment has at least 500, but not more than 900, square feet of gross floor area. An addition to an accessory structure, which already has 500 or more square feet of gross floor area, may be permitted but no addition shall be allowed which increases the gross floor area to over 900 square feet. The gross floor area for the accessory apartment shall not include floor area used for any other permitted accessory use or floor area designed, intended or used for required off- street parking to serve the principal dwelling; d. The creation of the accessory apartment shall not reduce the number of existing parking spaces in the accessory structure which are designed, intended or used for required oil- street parking spaces to serve the principal dwelling; e. All existing and proposed off-street parking spaces shall comply with the requirements for the location, :layout, design and screening of off street parking_ spaces set forth in subsection. 5,2,2 c. and in Section 11; I. Not more than one accessory structure on the lot may have an accessory apartment. There shall be not more than two dwelling units, one of which is the accessory apartment; and the other is the principal dwelling, on the lot; g. The accessory apartment shall comply with all building, health and safety codes for a dwelling; and further provided the board of Appeals determines that: The exterior appearance of the accessory structure maintains the essential character of the purpose for which it was originally constructed and is compatible with the principal dwelling; on the same lot and with other dwellings on adjoining lots. 5.2,7,2 SPECIAL CONDITION, EXISTING DWELLING UNIT IN ACCESSORY S'T'RUCTURE: IN VIOLATION: ALL dwelling units in accessory structures in an RO or RS district which existed as of April 1, 1988, except those which are a lawful nonconforming use, or those which were authorized by the granting of a special permit or a variance, are in violation of the Zoning By -law. The owner of each existing dwelling unit in an accessory structure in violation must apply to the building commissioner for a determination of compliance with the provisions of subparagraph 5.7.2.1 and of the applicable conditions and requirements of subsection 5.2.2, before. 417 (ADJOURNED SESSION, A.T.M., CONT. - MAY 2, 1988) January 1, 1990. The application for such determination and the procedures followed shall be essentially the same as those set forth in subsection 5.2.6 but shall differ as the context of an accessory apartment in an accessory structure shall require and the effective date shall be January 1, 1990." 8:57 p.m. - Margaret Rawls, Pr. 4, presented a history of accessory apartments and her opposition to Article 41. Mrs. Rawls made the following motion: MOTION: Article 41 be amended by striking Part A2 of the proposed motion and substituting in its place. "In Subparagraph 5.2.2.a.6, which deals with the maximum percentage of the floor area in dweIlling passed that can be occupied by an accessory apartment, by see below striking the subsection as it now appears in the Zoning By-Law, and substituting a new subparagraph 5.2.2.a.6: 'The maximum gross floor area of the accessory apartment shall not exceed the greater of 700 square feet or 30 percent of the gross floor area of the dwelling, excluding areas of the structure used for parking." Following a voice vote at 9:08 p.m., the Moderator declared the amendment offered by Mrs. Rawls to have passed unanimously. Following a voice vote at 9.09 p.m., the Moderator declared Article 41, Part A, as amended, to have been unanimously adopted. 41,A as amended see p. Discussion continued on Article 41, Part B. 9-23 p.m. - Margaret Rawls, Pr.4, presented the following amendments MOTION: that Article 41 be amended 1) in part B1, by striking the second paragraph, which deals with allowing additions to houses built before January 1, 1983, on conforming lots, so they may reach the 2000 sq. ft. threshold. The paragraph amend. to be struck begins with the words "In the case of a passed detached one-family dwelling in existence on January see p. 262 1, 1983, which did not, at that time, have 2000 sq. f 2) and by striking Part E2 in its entirety There was further discussion and explanation. A7 0 3 ., _, (ADJOURNED SESSION, A.T.M., CONT. - MAY 2, 1988) Following a voice vote at 9 :31 p.m. which was in. doubt, the Moderator called for a Standing Vote which was tallied as follows. yes no PreCiTtCt 1 5 11 2 7 9 3 11 5 4 15 3 5 11 6 6 9 5 7 15 1 8 13 6 9 10 6 At large 9 1.0 Totals 105 62 9:36 p.m. - The Moderator declared the amendment offered by Mrs. Rawls to have carried. 9 :37 p.m. - Margaret Rawls made the following motion: MOTION: Article 41 be amended In fart B1, by striking the third and last paragraph which deals with allowing accessory apartments in passed dwellings constructed after January 1, 1983, including those to be constructed in the future. The see below paragraph to be struck begins with the words, "In the case of a detached one -- family dwelling constructed after January 1, 1983, And by inserting quotation marks at the end of paragraph 1 of Part B1. Following a voice vote a 9.37 p.m., the Moderator declared unanimous passage. Discussion continued on Part B. Following a voice vote at 9 :42, the Moderator declared unanimous passage of Part B as amended. 9 :42 p.m. - David Williams moved that Section C be adopted. Following a voice vote at 9 :43 p.m., the Moderator declared unanimous passage of Part C. ------------------- (ADJOURNED SESSION, A.T.M., CONT. - MAY 2, 1988) ARTICLE 43 - LOWELL STREET, RO to CD MOTION: that Zoning Fly -Law of the Town be amended by changing the zoning district designation of the land on the northeasterly side of Lowell Street abutting passed the Burlington /Lexington town line and the Middlesex see below Mall containing 1.29 acres of land more or less as more fully described in Article 43, from RO - -ONE FAMILY DWELLING DISTRICT to CD-- PLANNED COMMERCIAL DEVELOPMENT DISTRICT, all in accordance with a preliminary site development and use plan dated January 11, 1988, as amended April 15, 1988. 9:44 p.m. - Presented by James Scanlon, Pr. 9, who asked the Moderator to recognize Marc Wexler, Northland Investment, to provide further information. 9.56 p.m. - Judith Uhrig, Planning Hoard, moved that the Report of the Board be accepted and placed on file. Following a voice vote, the Moderator declared the Report to have been accepted and placed on file. 9:56 - Julian Bussgang, Pr. 4, served Notice of Reconsideration on Article 41, Part C. 9:57 - Planning Board indicated favorable action on Article 43. There was further discussion. 10 :16 p.m. - James McLaughlin, Pr. 8, moved the question. Following a voice vote, the Moderator declared the question to have been moved. Following a voice vote on Article 4 -3 at 7.0:22 p.m. which was in doubt, the Moderator called for a Standing Vote which was tallied as follows: Precinct Yes No 1 13 4 2 15 1 3 1.3 6 4 14 4 5 9 8 6 13 1 7 12 4 8 18 1 9 12 5 At large 17 3 Totals 136 10:25 p.m. - The Moderator declared Article 43 to have been adopted. Ephraim Weiss, Pr. 5, served Notice of Reconsideration on Article 43. Reconsideration did not prevail see p. 276 _ r'e (ADJOURNED SESSION, A.T.M., CONT. - MAY 2, 1988) ARTICLE 44 - RELEASE OF EASEMENT MOTION: That the Selectmen be and they hereby are authorized to release to Jay M. Hellman and Barbara A. Hellman a six foot strip of land along and within passed the boundary of a thirty foot sewer easement on the see below lot owned by them at 33 Baskin Road for one dollar and on such other terms as the Selectmen may determine. 10:26 p.m. - Presented by Paul Marshall, Board of Selectmen. There was discussion as to precedents being set and liability. 10 :39 p.m. - John IIayward, Pr. 5, moved the question. The Moderator declared the main question to be before the Meeting. Following a voice vote at 10:39 p.m., the Moderator ruled the Motion offered by Mr. Marshall to have passed. ARTICLE 45 - RESIDENTIAL IMPROVEMENT EXEMPTION (To see if the Town will vote to accept Clause Fiftieth of Section 5 of Chapter 59 of the General Laws relating to exemptions for alterations or improvements to residential real estate; or act Indef. Postp. in any other manner in relation thereto.) 10:40 p.m. - Paul Marshall, Board of Selectmen, moved Indefinite Postponement. Following a voice vote at 10:40 p.m., the Moderator ruled Indefinite Postponement. ARTICLE 46 - HOME RULE PETITION, LIMITED TOWN MEETING ACT MOTION: That the Selectmen be and they hereby are authorized to petition the General Court for an act to amend Chapter 215 of the Acts of 1929, as amended, passed to provide that precincts be apportioned by population and to make any other necessary changes. see below 10 :41 p.m. - Presented by Paul. Marshall., Board of Selectmen, who explained that this is a "housekeeping" article. Although Lexington has in fact redistricted according to population, the Act reads "registered voter." This will correct the wording. Signed by Governor Following a. voice vote at 10 :43 p.m., the Moderator declared June 13, 1989 unanimous passage-_. 10:43 - John Eddison, Board of Selectmen, moved adjournment to Wednesday, May 4, at 8 p.m., in Cary Hall. Following a voice vote at 10 :43, the Moderator declared the Meeting to be adjourned until Wednesday, May 4, at 8 p.m., in Cary Hall. r A true copy. 1 Attest: Bernice H. Fallick, Town Clerk ADJOURNED SESSION — 1988 ANNUAL TOWN MEETING MAY 4, 1988 The meeting was called to order by Moderator Margery M. Battin at 8:00 p.m., in Cary Memorial Hall. There were 178 Town Meeting Members present. 8:00 p.m. The invocation was offered by Reverend. Arthur Rol.sti, Pastor, Pilgrim Congregational Church, United Church of Christ. 8:04 p.m. — The Moderator declared a formal recess. The Board of Selectmen honored Margery }Toward for her exemplary services at the Cary Memorial Library. 8 :08 p.m. — The Moderator called the Meeting to order. ARTICLE 2 — REPORTS 8:09 p.m. -- Audrey Friend, Pr.4, told the Meeting of a special simulation of Town Meeting to be held at Clarke Middle School on May 10. 8 :12 p.m. — Bruce Collier, Pr.B, thanked Erna Greene for her work on the Town Report. __ _________ _ _ _ __ ARTICLE 36 — PINE MEADOWS GOLF COURSE 8 :17 p.m. — Iris Wheaton, Pr, 7, moved that Article 36 be taken from the table. Following a voice vote at 8:18 p.m., the Moderator stated that Article 36 was before the Meeting. MOTION: that the resolution printed in the TMMA. letter to Town Meeting dated April 25, 1988 be adopted. passed see p. 266 RESOLUTION OFFERED UNDER ARTICLE 36: BE IT RESOLVED that the Town Meeting, having voted in 1985 . to purchase the Pine Meadows land., and continuing to believe that at least a large portion of it should be saved for town recreation and conservation use, and believing that the town should have maximum control over any development that takes place there, hereby requests the Selectmen to pursue vigorously a solution that will achieve such an end. We request that the Selectmen cooperate fully in the preparation of the feasibility study being conducted by consultants retained by the town using the Conservation Fund. We further request that the Selectmen be ready, when a formal Notice of Intent to Change Use is filed, to present the Town Meeting with one or more specific plans to acquire all or part of the land, including any plains to recoup costs through partial development. Finally, we request that they call a Special Town Meeting in order to bring the matter before the Town Meeting for consideration early enough within the 120 day period allotted by Chapter 61B so there will be sufficient time for a townwide vote on overriding Proposition 2 1/2 or on excluding debt repayment from its limitations, if the Town Meeting votes in favor of acquisition. (ADJOURNED SESSION, A.T.M., CONT. - MAY 4, 1988) Discussion continued with visual presentations. 8:29 p.m. - Richard Michelson made the following motion: MOTION: that ARTICLE 36 (RESOLUTION) delete all did not pass wording after "Chapter 61B" see below Mr. Michelson stated his opposition to a 2 1/2 override. Discussion continued. Following a voice vote at 8:39 p.m., the Moderator declared the amendment offered by Mr. Michelson not to have passed. William Dailey, Board of Selectmen, stated that the Board supported the spirit of the resolution, not necessarily the acquisition. He also stated that when Mark Moore triggers 61B, a Special Town Meeting will be called. There was further discussion. 9 :00 ° Brian Adley, Pr. 9, moved the question. Following a voice vote, the Moderator stated that the main question would be put. Following a voice vote at 9.00 p.m., the Moderator declared that the Resolution offered under Article 36 had been adopted. 9:01 p.m. -- Judith Uhrig, Planning Board, moved that Article 39, Section D, be taken up for Reconsideration, Eleanor Klauminzer, Planning Board, presented problems and implications to the Weiss Amendment which had been passed on Article 39, Section D. Ephraim Weiss, Pr. 5, stated the hope to work during the year with the Planning Board for simplification. He supported Reconsideration since Reconsideration would bring the law back to what it was without the Planning Board Article, and then moving to Indefinitely Postpone would allow the time needed for further work. Following a voice vote at 9:04 p.m., the Moderator stated that Reconsideration passed. 9 :06 p.m. - Eleanor Klauminzer, Planning Board, moved Indefinite Postponement of Article 39, Section D. Following a voice vote at 9:06 p.m., the Moderator declared Indefinite Postponement of Article 39, Section D. 9:06 p.m. - Nyles Barnert, Minuteman School Committee, moved that the Minuteman Regional School line item, Article 4, be moved from the table. Following a voice vote, the Moderator stated the line item of the Minuteman Regional School to be before the Meeting, (ADJOURNED SESSION, A.T.M., CONT. - MAY 4, 1988) Mr. Barnert presented information and moved the following resolution at 9:11 p.m.: Article 4, regional school line item passed MOTION: Add see below "and that whereas the General Court and the Governor passed Chapter 731 of the Acts of 1987, the town asks that the 35% aid floor for our vocational education programs be properly funded in the fiscal 1989 state budget and that the Senate and House of Representatives adopt a resolution to this effect." Michael O'Sullivan, Appropriations Committee, voiced support. Following a voice vote at 9:12 p.m., the Moderator declared the amendment to have passed. Following a voice vote at 9:12 p.m., the Moderator declared the Regional Vocational Technical High School line item under Article 4, as amended, to have been adopted unanimously. — ------------------------- ARTICLE 48 - HOME RULE PETITION, LONG TERM DISABILITY INSURANCE MOTION: That the Selectmen be and they hereby are authorized to petition the General Court for an act passed to permit the Town to establish a plan for long term see below disability insurance for town employees. 9:13 p.m. - Presented by Paul- Marshall, Board of Selectmen. Following a voice vote at 9:15 p.m., the Moderator declared unanimous adoption. ------------- ARTICLE 49 - ROME RULE PETITION - HISTORIC DISTRICT (That the Selectmen be and they hereby are authorized to petition the General Court for an act to amend Chapter 447 of the Acts of 1956, as amended, to provide for an historic district for those properties which are not contiguous to existing historic districts but which have located thereon structures built prior to 1790, such properties being more Indefinite specifically listed in a memorandum filed with the Postpon. Town Clerk.) see below Dan Fenn, Pr. 3, moved Indefinite Postponement. The Moderator recognized Roland Gubisch, Historical Commission, who provided information. Mr. Fenn agreed with Mr. Cubisch that these areas are tricky to protect and he welcomed participation to hammer out solutions to protect houses and homeowners which could be presented to Town Meeting next year. Following a voice vote at 9:20 p.m., the Moderator ruled. Indefinite Postponement. ----------------- (ADJOURNED SESSION, A.T.M., CONT. - MAY 4, 1988) ARTICLE 51 - GENERAL BY -LAW - REFUSE SEPARATION MOTION; That Section 9 of Article VI of the General By -Laws of the Town of Lexington be amended as set passed forth in the article. see below To see if the Town will- vote to amend Section 9 of Article VI of the General By -laws of the Town of Lexington by adding at the end of such section the Approved by the following. "Such rules and regulations may require Atty. Gen. - the separation of designated recyclable material or July 28, 1988 materials from other refuse. "; or act in any other manner in relation thereto. 9:21 p.m. - Presented by Jacquelyn Smith, Board of Selectmen. 9.28 p.m. - Katherine Fricker, Waste Management Task Force, presented a review of recycling, followed by Richard Spiers, DPW. Further discussion followed. 9:53 p.m. - William Fraser, Pr. 5, moved the question. Following a voice vote at 9:54 p.m., the Moderator declared the main question to be before the Meeting. Following a voice vote at 9.54 p.m., the Moderator declared the motion to have been adopted. ARTICLE 52 - GENERAL BY -LAW, NON - CRIMINAL DISPOSITION MOTION: That the General By-Laws of the Town of Lexington be amended as set forth in the motion filed with the Town Clerk. Motion as filed with the Town Clerk. That the General By -laws of the Town of Lexington be amended by adding a new Section 6 to Article 1 as follows: Passed Any by -law of the Town of Lexington or any rule or see p.271 regulation of any town officer, board or department, the violation of which is subject to a specific penalty, may, in the discretion of the town official who is the appropriate enforcing person, be enforced in the method provided in Section 21D of Chapter 40 of the General Laws. Enforcing person as used in Approved by the this by -law shall mean any regular police officer July Gen. J with respect to any offense; the Building uly 28, 1988 Commissioner, Health Director, Conservation Administrator, and any such other official as the Board of Selectmen may from time to time designate, each with respect to violation of by -laws and rules and regulations within their respective jurisdictions. If more than one official has jurisdiction in a given case, any such official may be an enforcing person with respect thereto. Without intending to limit the generality of the foregoing, it is the intention of this by -law that the following by-laws, rules and regulations are to be included within the scope of this by -law, and that the specific penalties as listed here shall apply in such cases. (ADJOURNED SESSION, A.T.M., CONT. — MAY 4, 1988) Article XXV, Sections 4, 5, 6, 7, and 10 Use of Streets, Sidewalks and Public Places Fine sc'hedu]_e: $25.00 per violation Article XXV, Section 8 Digging of Streets, etc. Fine schedule: $50.00 per violation Article XXV, Sections 11, 12, 13, 14 Snow, Water, and Ice -- Removal and Discharge Fine schedule: $25.00 per violation Article XXV, Section 15 Unlawful discharge into sanitary sewer Fine schedule: $50.00 per violation Article XXV, Sections 1.7, 18, 19 Signs, Advertisements and Notices Fine schedule. $25.00 per violation Article XXV, Section 20 Defacing of Signs Fine schedule: $25.00 per violation Article XXV, Section 21 Names of Streets Fine schedule: $25.00 per violation Article XXV, Sections 22, 23 Dumping and Litter Fine schedule: $50.00 per violation Article XXV, Section 23A Dumping and Litter (brooks and other waterways) Fine schedule: $100.00 per violation Article XXV, Section 24 Pollution of Fountains Fine schedule. $50.00 per violation Article XXV, Section 25 Protection of the Battle Green Rules and Regulations Fine schedule: $50.00 per violation Article XXV, Section 26 injury to Public Plantings Fine schedule: $50.00 per violation Park and Recreational Facilities Regulations Fine schedule: $50.00 per violation Conservation Lands Regulations Fine schedule: $50.00 per violation Article XXVI, Sections 1, 2, 3, 4, 5, 6 Public Conduct Fine schedule: $50.00 per violation Article XXVI, Section 7 Clean Tndoor Air Fine schedule: $50.00 per violation Article XXVI, Section 8 Restriction of smoking in public places and workplaces Fine schedule: $25.00 per violation r7 (ADJOURNED SESSION, A.T.M., CONT. - MAY 4, 1988) Article XXVIII, Section 1 Disturbance by Animals Fine schedule: $50.00 per violation Article XXVIII, Sections 2, 3, 4, 5 Animals Fine schedule: $50.00 per violation Rules and Regulations Governing Hackney Carriages, Taxicabs and Other Public Vehicles, for the Carrying of Passengers for Hire Fine schedule: $20.00 per violation Rules and Regulations for Hawkers and Peddlers Fine schedule: $50.00 per violation Rules and Regulations Regarding Public Cemeteries Fine schedule. $25.00 per violation Article XXX Earth Fill and Removal Fine schedule: 1st offense - $50.00 2nd offense - $100.00 3rd and subsequent offenses - $200.00 per violation Article XXXII Wetlands Protection Fine schedule: 1st, 2nd, and 3rd offenses - $50.00 per violation 4th and subsequent offenses - $100.00 per violation Zoning By -Law Fine schedule : )st offense - warning 2nd offense - $50.00 3rd and subsequent offenses - $100.00 per violation REGULATIONS OF THE BOARD OF HEALTH Chapter I Diseases Chapter. II Milk Regulations Chapter III Food Regulations Chapter IV Nuisances Chapter V Cesspools, Septic Tanks and Sewers Chapter VI Ice Chapter VII Keeping of Animals as Amended Chapter VIII Slaughtering Chapter IX Offensive Trades, Occupations and Practices Chapter X First Aid Appliances in Factories and Shops Chapter XI Child Care Centers Chapter XTI General Provisions Chapter XIII Governing Bathing Places Chapter XIV Rules and Regulations Coverning the Practice of Massage Chapter XV Bare Feet Regulations Fine Schedule Ist offense - $25.00 per violation 2nd and subsequent offenses - $50.00 per violation ;,,, (ADJOURNED SESSION, A.T.M., CONT. - MAY 4, 1988) Regulations Salad Tables Temporary Food Service Establishments Regulations for Use of Recombinant DNA Molecule Technology Restriction of Smoking in Food Service Establishments Permits and Permit Fees Fine Schedule 1st offense - $25.00 per violation 2nd and subsequent offenses - $50.00 per violation Discussion as to procedures and implementation followed. 10:18 p.m. - Bruce Collier, Pr. 3, moved the previous question. Following a voice vote, the Moderator ruled that the main motion was before the Meeting. Following a voice vote at 10:18 p.m., the Moderator declared the motion offered by Mr. Eddison to have passed. ARTICLE 53 - GENERAL BY -LAW, DOGS MOTION: To be furnished by the proponent. postponed see p. 275 10:20 p.m. - Jacqueline Davison, Pr. 3, moved postponement to Monday, May 9, at the request of Joan Cordell. Following a voice vote at 10:21, the Moderator declared the Meeting to be open on Article 53. As Mrs. Davison presented the motion at 10:21 p.m., Arthur Smith, Pr.2, rose to chastise Town Meeting for its lack of courtesy in not extending to Mrs. Cordell the requested postponement. Mr. Smith then moved postponement to Monday, May 9. Discussion followed for and against postponement. 10:25 p.m. - Sharon MacDonald, Pr. 8, served Notice of Reconsideration on Article. 52. Reconsideration did not prevail 10:27 p.m. - Motion to adjourn to Monday was made by Eric Clarke, see p.276 Pr.2. Following a voice vote at 10:27 p.m., the Moderator declared the Meeting not adjourned. Following a voice vote on postponement at 10:28 p.m. which was in doubt, a Standing Vote was tallied as follows: Precinct Yes No 1 6 9 2 13 0 3 17 1 4 14 4 5 12 4 6 6 10 7 14 1 8 5 12 9 8 4 At large 17 5 Totals 112 50 At 10:31 p.m. the Moderator declared Article 53 postponed until Monday. (ADJOURNED SESSION, A.T.M., CONT. — MAY 4, 1988) ARTICLE 54 — TRANSFER OF SCHOOL SITE MOTION: That this article be indefinitely postponed® Indef. Post. 10:32 p.m. — Presented by John Eddison, Board of Selectmen. see below Mr. Eddison declared that Town Meeting approval had been obtained two years ago on this item. Following a voice vote at 10:32 p.m., the Moderator declared Article 54 to be Indefinitely Postponed unanimously. ARTICLE 55 — AFFORDABLE HOUSING MOTTON: That the report from the Board of Selectmen and the Planning Board on the status of actions taken to implement the Housing Resolution adopted under Postponed Article 50 of the warrant for the 1987 Annual Town see p. 274 Meeting be accepted and placed on file. 10:33 p.m. — Presented by Paul Marshall, Board of Selectmen. As Mr. Marshall made the motion, Mr. welch rose to suggest postponement. There was continued discussion as to postponement because of the hour. 30 :35 p.m. — John Sackton, Pr. 2, moved to postpone Article 55. There was further discussion and debate concerning the order of business on Monday and Article 56. 10:40 p.m. — Sheldon Spector, Pr. 8, moved the question on postponement. Following a voice vote on postponement at 10.42 p.m., the Moderator declared Article 55 postponed. Robert Rotberg, Pr. 3, rose for a Point of Order: Motion to move the question, not the postponement of the article. Following a voice vote on moving the question, the Moderator stated the question to be before the Meeting. Following a voice vote on postponement, the Moderator declared Article 55 to be postponed. 10:42 p.m. — John Eddison, Board of Selectmen, moved that the Meeting be adjourned until Monday, May 9, 1988, at 8 p.m. The Moderator declared the Meeting adjourned until. Monday, May 9, 1988, at 8 p.m. A true copy. Attest: Bernice H. Fallick, Town Clerk ;'6' <> ADJOURNED SESSION — 1988 ANNUAL TOWN MEETING MAY 9, 1988 The meeting was called to order by Moderator Margery M. Battin at 8.00 p.m., in Cary Memorial Hall. There were 178 Town Meeting Members present. 8.00 p.m. The invocation was offered by Rabbi Bernard Eisenman, Temple Emunah. ARTICLE 2 — REPORTS Jacquelyn Smith, Board of Selectmen, noted the success of the Hazardous Waste Collection. Eleanor Klauminzer, Planning Board, moved that the Report of the Planning Board on Subsidized Housing be accepted and placed on file. Following a voice vote at 873 p.m., the Moderator declared the Report accepted and placed on file. William Dailey, Board of Selectmen, announced that Notice of Intent to convert usage on Pine Meadow had been received today. Margaret Rawls, Pine Meadow Committee, stated that the committee had met and was working with the two consultants. Mr. Dailey noted the plan for the Selectmen to meet with the Pine Meadow Committee to consider options. ARTICLE 56 — STUDY — MUNROE SCHOOL CONVERSION Paul Marshall moved that Article 56 be taken up. Following a. voice vote at 8:18 p.m., the Moderator declared Article 56 to be before the meeting. Mrs. Battin stated that Article 56 would be divided for voting purposes. MOTION: That LexIIAB be authorized to prepare a feasibility study for the conversion of (a) the did not pass Munroe School building and (b) the adjacent school see p. 274 site to affordable housing and that the results of the study be presented to the 1989 Annual Town Meeting. 8:18 p.m. — Presented by Paul Marshall, Board of Selectmen. 8;19 p.m. — William Hayes, Chairman, LexHAB, presented background. Lengthy discussion followed with comments on the Engler Report, questions as to policy on the value of current use, visual presentations, statements from the Board of Selectmen, LexHAB, Town Meeting Members, and members of the audience. At 9.24 p.m. Nathan Becker, Pr. 1, made the following motion: MOTION: that the motion under Article 56 be amended to include the words, ",to find an alternative did not pass location for all the present tenants of the Munroe see p. 274 School," between the words "affordable housing" (2nd line) and the word "and" 7 (ADJOURNED SESSION, A.T.M., CONT. - MAY 9, 1988) 9;29 p.m. - Vicky Schwartz, Pr. 3, moved the previous question. Following a voice vote at 9:29 p.m., the Moderator stated that the main question would be put. Albert Zabin, Elaine Dratch, and Stan Finkelstein noted their intent to abstain due to conflict of interest. Following a voice vote at 9:30 p.m., the Moderator declared that the amendment offered by Mr. Becker had not passed. Following a voice vote at 9:34 p.m. on Part (a), the Moderator ruled that it did not carry. Following a voice vote at 9 :34 p.m. on Part (b), the Moderator ruled that it did not carry. ARTICLE 55 - AFFORDABLE HOUSING MOT10N: That the report from the Board of Selectmen and the Planning Board on the status of actions taken to implement the Housing Resolution adopted under Article 50 of the warrant for the 1987 Annual Town passed Meeting be accepted and placed on file. see below 9:36 p.m. - Presented by Paul Marshall, Board of Selectmen, who provided background information and stated that: this is a report of the Planning Board and Board of Selectmen. There was considerable discussion as to what is a resolution and what is a policy, school site availability, complying with Chapter - 774. 7 p.m. - Brian Adley, Pr® 9, moved the previous question. Following a voice vote at 10:45 p.m., the Moderator stated the main question to be before the Meeting. Following a voice vote at 10:47 p.m., the Moderator declared unanimous vote to accept the report and place it on file. John Eddison, Board of Selectmen, moved adjournment until Wednesday, May 11, 1988, at 8 p.m., in Cary Hall. Following a voice vote at 10:48 p.m., the Moderator declared the Meeting adjourned until Wednesday, May 1l, 1988, at 8 p.m. t A true copy. Attest: Bernice H. Fal ick, Town Clerk ADJOURNED SESSION - 1988 ANNUAL TOWN MEETING MAY 11, 1988 The meeting was called to order by Moderator T�targery M. Battin at 8:00 p.m., in Cary Memorial Hall. There were 161 Town Meeting Members present. 8:00 p.m. The invocation was offered by Reverend Polly Laughlin Guild, Follen Community Unitarian/Univeralist Church. ARTICLE 57 - REAFFIRMATION, QUALITY EDUCATION MOTION. That the Town reaffirm its commitment to quality education as a major priority for Lexington. 8:06 p.m. - Presented by .Jennie Oberholtzer, Pr. 7. passed see below There were further presentations in favor. 8.11 p.m. - Willia.m Frazer, Pr. 5, moved the question. Following a voice vote at 8*11 p.m., the Moderator ruled the main question to be before the Meeting. There was further presentation in favor. Following a voice vote at 8:14 p.m., the Moderator ruled unanimous passage. ARTICLE 58 - DISSOLVING COMMITTEES MOTION: That the Hazardous Substance System Review Committee and the Energy Committee be dissolved. passed see below 8:15 p.m. - Presented by John Eddison, Board of Selectmen. Following a voice vote at 8:15 p.m., the Moderator ruled unanimous passage. ------------ ARTICLE 53 - GENERAL BY-LAW, DOGS MOTION from the Warrant: To see if the Town will vote to amend the General By-Laws of the Town of Lexington by adding a new Section 6 to Article XXVLII as follows: Section 6. it shall be the duty of each person who owns, keeps, or controls a dog to remove and dispose of any feces left by his or her dog on any did not street, public place, or private property which is pass not owned or occupied by the owner or keeper of such see p.276 dog. MOTION: That the General By-Laws of the Town of Lexington be amended by adding a new Section 6 to Article XXVITT as set forth in the article with the addition of the following sentence at the end thereof: this by-law shall not apply to a dog accompanying any handicapped person who, by reason. of his or her handicap, is physically unable to comply (ADJOURNED SESSION, A.T.M., CONT. - MAY 11, 1988) with the requirements hereof, or to any person who utilizes a guide dog. 8:16 p.m. - Presented by Jacqueline Davison, Pr. 3. There was discussion with quotes from the Health Director and Police Chief that indicated there to be no health hazard and that The legal means for enforcement already existed via the leash law. 8.39 p.m. - Deborah Kearney, Pr. 7, moved the question. Following a voice vote at 8:39 p.m., and some discussion as to procedure, the Moderator ruled the main question to be before the Meeting. Following a voice vote at 8:40 p.m., the Moderator declared the Article not to have passed. At 8:41 p.m., Ephraim Weiss, Pr. 5, moved Reconsideration of Article 43, Amend Zoning By -Law, Lowell Street, RO to CD. Reconsideration did not prevail Following a voice vote at 8:41 p.m., the Moderator ruled that Reconsideration did not prevail. Norman. Cohen assumed the role of Moderator. 8:43 p.m. -- Jeanette Webb, Pr. 7, moved Reconsideration of Article 34, Design Plan, Lexington Center., so that the following motion_ could did be presented: Article 34 be amended by adding the words: not prevail and that the Selectmen reserve an article in the 1989 Warrant to give Town Meeting the opportunity to review the guidelines, three (3) copies of which shall be distributed to each precinct chairman at least three (3) weeks prior to the beginning of the 1989 Annual Town Meeting." There was discussion for and against. John Eddison, Board of Selectmen, indicated that the Selectmen would be responsive to widespread involvement and feedback. Following a voice vote at 9:01 p.m., the Moderator ruled that Reconsideration did not prevail., Margery Ba.ttin resumed the role of Moderator. 9:01 - Kathleen Kissel, Pr. 8, moved Reconsideration of Article 52, By -Law, Nor-Criminal Disposition. Reconsideration did not prevail Following discussion and a voice vote at 9:10 p.m., the Moderator ruled that Reconsideration dial not prevail. ARTICLE 59 - USE OF FUNDS TO REDUCE TAX KATE MOTION: That the sum of $2,425,471 be appropriated to reduce the tax levy for the fiscal year beginning passed July 1, 1988, and that such amount be transferred see below from the Unreserved Fund Balance. 9:11 p.m. - Presented by John Eddison, Board of Selectmen. 9:13 p.m. - Michael O'Sullivan, Appropriations Committee, expressed favorable opinion. Following a voice vote at 9:17 p.m., the Moderator declared unanimous passage. (ADJOURNED SESSION, A.T.M., CONT. - MAY 11, 1988) 9:18 p.m. - John Eddison„ board of Selectmen, moved Dissolution of Town Meeting. Following a voice vote at 9;18 p.m., the Moderator declared the 1988 Annual Town Meeting to be dissolved. A true copy. Attest: Bernice H. Fallick, Town Clerk