HomeMy WebLinkAbout2009-03-23 to 2009-05-06 ATM-min 2009 Annual Town Meeting
March 23, 2009
(See Warrant File for Warrant)
The first session of the 2009 Annual Town Meeting was called to order by Moderator Deborah J.
Brown at 7:30 p.m., Monday, March 23, 2009, Cary Memorial Hall; a quorum of 179 present.
The Lexington Minutemen, accompanied by the William Diamond Fife and Drum Corps, posted
the colors.
The Moderator honored town meeting members Susan Beck, Martin Gillman & Eric Mollo-
Christianson who passed away during the past year. The Master Singers of Lexington, directed
by Adam Grossman, provided a musical invocation.
Town Clerk Donna M. Hooper read the Warrant for the Meeting until waived. The Town Clerk
read the Constable's Return of the Warrant.
The Moderator, in her first role of newly elected Moderator, outlined procedural matters and
plans for upcoming sessions. The Moderator declared the meeting open under Article 2, and
would be for the duration of the meeting.
8:06 p.m.
ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
John Rosenberg moved the Report of the Cary Lectures Committee be accepted and placed on file.
Unanimously Adopted. Mr. Rosenberg presented the Committee's report.
8:10 P.M. Presented by Selectman Norman Cohen.
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.
Unanimously Adopted.
8:10 p.m. Selectman Norman Cohen moved articles be Article 32 -41 be taken up out of order.
Unanimously Adopted.
8:13 p.m. Presented by Selectman Jeanne Krieger.
ARTICLE 32: AMEND GENERAL BY -LAW — NOISE
Anthony Galaitsis, Chairman, Noise Advisory Committee, provided a brief review.
MOTION: That this article be indefinitely postponed.
8:14 p.m. Motion Adopted
8:15 p.m. Presented by Selectman George Burnell.
ARTICLE 33: AMEND GENERAL BYLAW — CAPITAL EXPENDITURES
COMMITTEE
MOTION: That Chapter 29 of the Code of the Town of Lexington be amended as set
forth in the Article, and further that nonsubstantive changes to the numbering of
this bylaw be permitted in order that it be in compliance with the numbering
format of the Code of Lexington.
ARTICLE WARRANT TEXT:
To see if the Town will vote to amend §29 -13B of the Code of the Town of Lexington by
adding the words "or otherwise distributing" after the words "and by mailing "; or act in
any other manner in relation thereto.
Mr. Burnell reported unanimous support of the Board of Selectmen.
8:16 p.m. Unanimously Adopted.
8:17 p.m. Presented by Selectman Norman Cohen.
ARTICLE 34: ESTABLISH QUALIFICATIONS FOR TAX DEFERRALS
MOTION: That the maximum qualifying gross receipts amount for property tax deferrals
under Clause 41A of Section 5 of Chapter 59 of the Massachusetts General Laws be
raised to $50,000.
8:17 p.m. Victoria Blier, Co- Chair, Tax Deferral and Exemption Committee, reported.
8:22 p.m. Norman Cohen reported unanimous support of the Board of Selectmen.
John Bartenstein reported unanimous support of the Appropriation Committee.
8:22 p.m. Selectman Cohen and Co -Chair Blier responded to questions regarding
age and income eligibility.
8:25 p.m. Unanimously Adopted.
March 23, 2009 Annual Town Meeting, cont...
8:25 p.m. Presented by Selectman Norman Cohen
ARTICLE 35: ESTABLISH DEMAND CHARGE FOR DELINQUENT TAXES
MOTION: That the fee for a demand notice for payment of delinquent taxes
pursuant to Section 15 of Chapter 60 of the Massachusetts General Laws be
fifteen dollars.
Selectman Cohen presented the requested action and reported the unanimous support of
the Board of Selectmen. Alan Levine reported the unanimous support of the
Appropriation Committee. Selectman Cohen responded to questions regarding the fee
amount identified.
8:27 p.m. Unanimously Adopted
8:28 p.m. Presented by Beverly Kelley, pr.4.
ARTICLE 36: AMEND HISTORIC DISTRICTS ACT (CITIZENS' PETITION)
MOTION: That this article be indefinitely postponed.
8:28 p.m. Selectman Peter Kelley responded to questions on Indefinite Postponement.
8:30 p.m. Unanimously Adopted
8:32 p.m. Presented by Selectman Norman Cohen
ARTICLE 37: RECONFIGURE AND ABANDON EASEMENT
MOTION: That the Board of Selectmen be and they hereby are authorized to
abandon all or a portion of an existing public travel easement along the westerly property
line of lot 68 on Assessors' Property Map 29, known as 7 Page Road, now or formerly of
Zales, and more fully described in a deed dated November 2, 1959 recorded in
Middlesex South Registry of Deeds, Book 9492, Page 188.
8:32 p.m. Selectman Cohen reviewed, reported the unanimous support of the Board of
Selectmen, and responded to questions from the members concerning easement
location, ownership, property valuation and abutter notifications.
8:42 p.m. Motion Declared Adopted by more than the necessary two - thirds.
8:43 p.m. Presented by Selectman George Burnell.
ARTICLE 38: PETITION GENERAL COURT FOR MUNICIPAL UTILITY ACT
MOTION: That the Town supports the passage by the General Court of legislation
enabling municipalities to more easily establish municipal lighting plants, and that the
Board of Selectmen be and they thereby are authorized to petition the General Court for
an Act to accomplish the same result for Lexington alone.
Selectman Burnell explained action is a reaffirmation of town meeting votes taken in 2005
and reported the support of the Board of Selectmen. Eric Michelson reported the unanimous
support of the Appropriation Committee. Motion Unanimously Adopted.
8:46 p.m. Presented by Selectman Peter Kelley.
ARTICLE 39: PETITION GENERAL COURT FOR MID -YEAR TAX RELIEF FOR
PROPERTY LOSS FROM FIRE
MOTION: That the Board of Selectmen be and they hereby are authorized to petition
the General Court for an Act to authorize the Town to abate or refund taxes
received, as the case may be, whenever in any fiscal year beginning in Fiscal
Year 2009, the assessed value of real estate is decreased by over 50 percent as
the result of fire or natural disaster, in an amount to be calculated based on a
reassessed value of the improvement.
8:47 p.m. Selectman Norman Cohen announced his recusal from voting on this motion.
Selectman Peter Kelley reported the support of the Board of Selectman.
Richard Eurich, pr.3, reported the support of the Appropriation Committee with a vote of
8 in favor, 0 opposed, and an abstention by Susan McLeish.
Selectman Peter Kelley and Town Manager Carl Valente responded to questions
regarding years covered and property values. Citizens Peter Sarajian and Matthew
Sarajian, 259 Bedford Street and recent victims of a household fire, spoke in support.
8:51 p.m. Motion Adopted.
March 23, 2009 Annual Town Meeting, cont...
8:52 p.m. Presented by Andrew Friedlich, pr.5.
ARTICLE 40: RESOLUTION — USE OF REUSABLE BAGS (CITIZENS' PETITION)
MOTION: That the Town adopt the following resolution:
Whereas the use of paper and plastic bags are so harmful to the environment
and so wasteful of our limited natural resources;
Be it resolved that the town of Lexington affirms its strong opposition to the
reliance on paper and plastic bags and recognizes the importance of the wider
use of reusable and biodegradable bags by both citizens and merchants.
Ms. Gail Washor - Liebhaber, 40 Cottage St., spoke and requested support.
8:57 p.m. George Burnell reported unanimous support of the Board of Selectmen.
Mr. Burnell and Ms. Washor - Liebhaber responded to recycling questions.
9:04 p.m. Motion Adopted.
9:05 p.m. Presented by Adam Sacks.
ARTICLE 41: FORM COMMITTEE — CLIMATE CHANGE (CITIZENS' PETITION)
MOTION: That this article be indefinitely postponed.
Mr. Sacks presented reasons for indefinite postponement.
9:13 p.m. Unanimously Adopted.
9:14 p.m. Selectman Norman Cohen moved Article 42 be taken up at this time.
Following a brief discussion Motion Adopted.
9:16 p.m. Presented by Patrick Mehr, pr.3.
ARTICLE 42: DOUBLE UTILITY POLES (CITIZENS' PETITION)
MOTION: That the following resolution be adopted:
WHEREAS MGL, Chapter 164, Section 34B requires pole owners (Verizon and NStar in
Lexington) to remove double utility poles within 90 days, with no penalty for violation;
WHEREAS the Acts of 2003, Chapter 46, Section 110 required the Department of
Telecommunications and Energy (DTE) to issue a report relative to reducing the number of
double utility poles within the Commonwealth, with recommendations and proposed legislation
for enforcement of MGL, Chapter 164, Section 34B;
WHEREAS since DTE recommended on November 28, 2003 "[... ] that a penalty mechanism
not be implemented until there is additional experience with the operation of the PLM [the
utilities' Pole Lifecycle Management system]" (Docket No. DTE 03 -87 report), there is now over
five years of additional experience with PLM;
WHEREAS Verizon's Vice President of External Affairs told the Selectmen on October 30, 2006
"we should [ ... ] in a six -month time period be largely through our backlog of [243] double poles
yet 195 double poles still exist more than two years later;
WHEREAS at least 176 double poles are in violation of MGL, Chapter 164, Section 34B as of
March 15, 2009.
THEREFORE, be it resolved that the Lexington Town Meeting:
• endorses bills S1482 and S1543 filed by Senators Donnelly and Tucker regarding fines for
violation of MGL, Chapter 164, Section 34B;
• asks its representatives in the Great and General Court to support bills S1482 and S1543;
• asks the Selectmen to request in writing that the Departments of Public Utilities and of
Telecommunications and Cable (DPU and DTC) answer the Selectmen's August 11, 2008
letter and that the DPU and DTC recommend under Docket No. DTE 03 -87 to the Legislature
that fines be instituted for violation of MGL, Chapter 164, Section 34B;
• requests the Town Clerk to transmit this resolution to the House and Senate Chairs of the
Joint Committee on Telecommunications, Utilities and Energy, to DPU and DTC and to
Lexington's representatives in the Great and General Court.
------------------ - - - - --
9:22 p.m. Norman Cohen reported the support of a majority of the Board of Selectmen.
9:23 p.m. Members spoke in favor and in opposition, citing concerns with pole locations,
sidewalk conditions, progress of and follow -up with Verizon.
9:37 p.m. Gerald Paul, pr. 4 moved the previous question.
March 23, 2009 Annual Town Meeting, cont...
9:37 p.m. Motion Adopted
9:37 p.m. Patrick Mehr, pr.3, summarized his points to the motion.
9:39 p.m. Motion Adopted.
9:40 p.m. Selectman Norman Cohen complimented the Moderator on her first night as
Moderator. Selectman Cohen moved the meeting be adjourned to Wednesday,
March 25, 2009 at 7:30 p.m., Cary Memorial Hall. Motion Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
---------------------------------------------
March 25, 2009 Adjourned Session of the 2009 Annual Town Meeting
The second session of the 2009 Annual Town Meeting was called to order by Moderator
Deborah J. Brown at 7:30 p.m., Wednesday, March 25, 2009, Cary Memorial Hall; a quorum of
170 present.
7:30 p.m.
ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
Selectman Norman Cohen requested the Moderator recognize Town Manager Carl Valente
for a presentation. Town Manager Valente presented the Report of the Town Manager.
8:17 p.m. Selectman Norma Cohen moved the report of the Town Manager be accepted &
placed on file. Unanimously Adopted.
8:18 P.M. Robert Cunha, Chairman of Lexington Retirement Board presented an
oral status report and moved the report be accepted. Motion Adopted.
8:22 p.m. Moderator declared a recess.
8:33 p.m. Moderator declared the meeting back in session and recognized
Superintendent Paul Ash for the Report of the Superintendent.
8:34 p.m. Superintendent Paul Ash presented his report.
9:02 p.m. Margaret Coppe, pr. 9, moved the Report of the Superintendent be
accepted & placed on file. Motion Adopted.
9:03 p.m. Roderick Cole, pr.9, moved the Moderator recognize Robert Boudreau, Co- Chair,
School Financial Review Committee. Motion Adopted.
Robert Boudreau, 5 Wingate Rd., presented Report of the School Financial
Review Committee.
9:12 p.m. Roderick Cole, pr.9, moved the Report of the School Financial Review Committee
be accepted and placed on file. Motion Adopted.
9:13 p.m. Norman Cohen moved Articles 7, 20 and 21 be taken up at this time.
Unanimously Adopted.
9:13 p.m. Presented by Gerald Paul.
ARTICLE 7: APPROPRIATE FOR STREET TREES (CITIZEN' PETITION)
MOTION: That this article be indefinitely postponed.
Mr. Paul summarized last year's achievements. Susan McLeish reported the support of
Appropriation Committee (8 -0) for Indefinite Postponement.
9:15 p.m. Unanimously Adopted.
[9:20 p.m. - dames Wood, pr. 7, served notice of reconsideration on Article 7]
9:15 p.m. Presented by Richard Neumeier, pr.3.
ARTICLE 20: STREET ACCEPTANCE — PITCAIRN PLACE (CITIZENS' PETITION)
MOTION: To establish as a Town way and accept the layout of Pitcairn
Place, a distance of 500 feet, more or less, as laid out by the Selectmen and shown
upon a plan on file in the office of the Town Clerk, dated March 16, 2009, subject to the
assessment of betterments; to authorize the Selectmen to take by eminent domain,
purchase or otherwise acquire any fee, easement or other interest in land necessary
therefor; to appropriate $125,000 for such street construction; and to raise such amount
the Treasurer with the approval of the Board of Selectmen is authorized to borrow
$125,000 under G.L. c. 44, § 7(5), or any other enabling authority.
March 25, 2009 Annual Town Meeting, cont...
9:15 p.m. Richard Neumeier presented requested action.
9:18 P.M. Peter Kelley reported unanimous support of Board of Selectmen.
Susan McLeish reported the support of Appropriation Committee (8 -0 -1).
Charles Hornig reported the support of Planning Board.
9:19 P.M. Motion Declared Adopted by more than the necessary two - thirds vote.
9:19 p.m. [Frank Sandy, pr. 6, served notice of reconsideration of Article 20]
9:21 p.m. Presented by Selectman Peter Kelley.
ARTICLE 21: STREET ACCEPTANCE — WISTERIA LANE
MOTION: To establish as a Town way and accept the layout of Wisteria
Lane from Colony Road to end, a distance of 330 feet, more or less, as laid out
by the Selectmen and shown upon a plan on file in the office of the Town Clerk,
dated September 20, 2008, and to authorize the Selectmen to take by eminent
domain, purchase or otherwise acquire any fee, easement or other interest in
land necessary therefore.
9:21 p.m. Charles Hornig reported the support of Planning Board.
Selectman Peter Kelley responded to the question on how the Pitcairn Place
development had not previously been accepted, to which Charles Hornig
responded further.
9:24 p.m. Motion Declared Adopted by more than the necessary two - thirds vote.
9:24 p. m. [Frank Sandy, pr. 6, served notice of reconsideration of Article 21 ]
9:25 p.m. Selectman Norman Cohen moved the meeting be adjourned to Monday, March
30, 2009 at 7:30 p.m., Cary Memorial Hall. Unanimously Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
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March 30, 2009 Adjourned Session of the 2009 Annual Town Meeting
The third session of the 2009 Annual Town Meeting was called to order by Moderator Deborah
J. Brown at 7:30 p.m., Monday, March 30, 2009, Cary Memorial Hall; a quorum of 180 present.
The Moderator outlined plans for the evening's meeting.
7:44 p.m. The Moderator declared the meeting to be in recess for presentations to Lexington
High School students to be recognized, by Representative Jay Kaufman and Lexington
High School Principal Natalie Cohen, for their excellence.
7:59 p.m. The meeting having been called back in session, Alan Levine, pr.8, moved the
Report of Appropriation Committee be accepted and placed on file.
Mr. Levine, Committee Chairman, reported.
8:14 p.m. Unanimously Adopted.
8:15 p.m. David Horton, pr.8, moved the Report of the Superintendent of Minuteman
Regional Vocational High School be accepted and placed on file. Mr. Horton thanked
Lexington's school department for its collaboration with the Minuteman school.
8:16 p.m. Superintendent Edward Bouquillon reported.
8:28 p.m. Unanimously Adopted.
8:28 p.m. Selectman Norman Cohen moved Article 27 be taken up. Unanimously Adopted.
8:29 p.m. Presented by Selectman Norman Cohen.
ARTICLE 27: ESTABLISH STABILIZATION FUND FOR MINUTEMAN REGIONAL
VOCATIONAL SCHOOL DISTRICT
MOTION: That the Town hereby approves the establishment of a Stabilization
Fund by the Minuteman Regional Vocational Technical School District, beginning
July 1, 2009, pursuant to Section 16 G Y2 Chapter 71 of the Massachusetts
General Laws.
Norman Cohen reviewed and reported unanimous support of the Board of Selectmen.
8:30 p.m. Eric Michelson reported the unanimous support of Appropriation Committee.
8:32 p.m. Superintendent Bouquillon responded to questions on free cash, stabilization fund
purpose, and procedures for appropriations from the fund.
Town Counsel William Lahey explained appropriation procedures.
8:39 p.m. Unanimously Adopted.
March 30, 2009 Annual Town Meeting, cont...
8:39 p.m. Presented by Selectman Norman Cohen.
ARTICLE 4: APPROPRIATE FY 2010 OPERATING BUDGET
MOTION: That the following amounts be appropriated for the ensuing fiscal year and be
raised in the tax levy or from general revenues of the Town except where a transfer or
other source is indicated they shall be provided by such transfer or other source.
FY 2010 Budget
Program 1000: Education
1100 Lexington Public Schools
Personal Services $ 55,926,576
Expenses $ 11,031,717
Total Line Item 1100, Lexington Public Schools $ 66,958,293
1200 Regional School $ 1,711, 554
Program 2000: Shared Expenses
2100 Benefits
2110 Contributory Retirement $ 3,643,396
2120 Non - contributory Retirement $ 42,000
2130 Employee Insurance $ 22,874,458
Amended March 30, 2009: Resolution:
Whereas Lexington's escalating health care costs have been and are continuing to consume a significant proportion of
Lexington's allowable 2 % percent increase in the tax levy, and
Whereas options for realizing savings in health care costs for municipalities and towns are severely limited by current
state law, and
Whereas the Commonwealth of Massachusetts is exempt from any requirement to negotiate and receive approval to
implement significant changes in its health insurance plans through its Group Insurance Commission (GIC), and
Whereas the Commonwealth of Massachusetts and all its cities and town face an unprecedented economic crisis that will
dramatically impact public finances for a least the next two years,
Now, therefore, the Town of Lexington petitions the Governor of Massachusetts and the Senate and House of
Representatives to enact legislation to allow municipalities to modify health care plan design without the requirements of
collective bargaining such that municipalities can, in a timely manner, either (1) join the GIC; or (2) offer health care plans
to employees that are comparable to the offerings of the GIC, provided that the co- payments and deductibles of such
plans do not exceed those of the GIC.
2140 Unemployment $ 267,300
2150 Workers' Compensation* (M.G. L. Ch. 40, Sec. 13 A & 13 C) $ 351,625
2160 Property & Liability Insurance $ 611,497
2170 Uninsured Losses* (M.G.L. Ch. 40, Sec. 13) $ 100,000
2200 Debt Service
2210 Payment on Funded Debt $ 3,622,390
2220 Interest on Funded Debt $ 660,650
2230 Temporary Borrowing $ 188,393
2300 Reserve Fund
2300 Reserve Fund $ 550,000
2400 Public Facilities
2400 Public Facilities $ 8,863,432
Program 3000: Public Works
3100 -3500 DPW Personal Services $ 3,200,625
3100 -3500 DPW Expenses $ 4,732,743
Program 4000: Public Safety
4100 Law Enforcement Personal Services $ 4,799,757
4100 Law Enforcement Expenses $ 468,628
4200 Fire /Medical Personal Services $ 4,400,118
4200 Fire /Medical Expenses $ 470,368
Program 5000: Culture & Recreation
5100 Library Personal Services $ 1,702,930
5100 Library Expenses $ 249,400
Program 6000: Social Services
6100 -6200 Social Services Personal Services $ 409,285
6100 -6200 Social Services Expenses $ 171,578
Program 7000: Community Development
7100 Community Development Personal Services $ 883,778
7100 Community Development Expenses $ 116,397
7200 Planning Personal Services $ 227,280
7200 Planning Expenses $ 9,850
7300 Economic Development Personal Services $ 86,000
7300 Economic Development Expenses $ 6,666
Program 8000: General Government
8100 Board of Selectmen
8110 Board of Selectmen Personal Services $ 81,612
8110 Board of Selectmen Expenses $ 75,825
8120 Legal Services $ 375,000
March 30, 2009 Annual Town Meeting, cont...
8130 Town Report $ 7,000
8200 Town Manager
and further that Line 8230 is to be transferred by the Board of Selectmen for contractual settlements within
departments upon recommendation of the Town Manager
8210 -8220 Town Manager Personal Services $ 537,875
8210 -8220 Town Manager Expenses $ 199,852
8230 Salary Transfer Account* $ 1,003,000
8300 Town Committees
8310 Finance Committees $ 1,500
8320 Misc. Boards and Committees $ 4,700
8330 Public Celebration Committee $ 30,000
8400 Finance Personal Services $ 1,063,734
8400 Finance expenses $ 301,328
8500 Town Clerk Personal Services $ 269,513
8500 Town Clerk Expenses $ 84,000
8600 MIS Personal Services $ 211,043
8600 MIS Expenses $ 344,902
and that the Town transfer the following sums to meet, in part, appropriations made at this Town Meeting:
$70,000 from the School Bus Transportation Stabilization Fund for line -item 1100;
$104,965 from Overlay Surplus
$325,000 from the Parking Meter Fund for line -items 3100 -3500 and 4100;
$120,000 from the Cemetery Trust Fund for line item 3100 -3500;
$72,000 from Transportation Demand Management /Public Transportation Stabilization Revolving Fund for
Appropriations for line -items 3100 -3500;
$3,668,576 from Unreserved Fund Balance /Free Cash;
$782,176 from the Water Enterprise Fund;
$691,763 from the Sewer Enterprise Fund;
$188,583 from the Recreation Enterprise Fund; and
$52,387 from Insurance Proceeds greater than $20,000 for line -item 2170
Items marked with an ( *) are Continuing Balance Accounts.
Selectman Cohen moved line item 2130 , Employee Insurance, be divided out and voted
separately at this time.
8:40 p.m. Moderator Deborah Brown explained she would be recusing herself from voting
on this article.
8:40 p.m. Motion to divide out line item 2120 Unanimously Adopted.
8:41 p.m. Selectman Norman Cohen moved Marjorie Battin be elected
Temporary Moderator. Unanimously Adopted.
8:42 p.m. Temporary Moderator Margery Battin read the motion for Article 4, line 2130.
Jeanne Krieger reported unanimous support of the Board of Selectmen for
Article 4, line 2130.
8:43 p.m. Michael Kennealy, Appropriation Committee, read statement on health insurance
challenges and proposed resolution.
8:56 p.m. Alan Levine, Appropriation Committee Chair, moved to amend Article 4, line
2130 by adding the words of the proposed resolution.
Resolution:
Whereas Lexington's escalating health care costs have been and are continuing to consume a
significant proportion of Lexington's allowable 2 % percent increase in the tax levy, and
Whereas options for realizing savings in health care costs for municipalities and towns are
severely limited by current state law, and
Whereas the Commonwealth of Massachusetts is exempt from any requirement to negotiate and
receive approval to implement significant changes in its health insurance plans through its Group
Insurance Commission (GIC), and
Whereas the Commonwealth of Massachusetts and all its cities and town face an unprecedented
economic crisis that will dramatically impact public finances for a least the next two years,
Now, therefore, the Town of Lexington petitions the Governor of Massachusetts and the Senate
and House of Representatives to enact legislation to allow municipalities to modify health care
plan design without the requirements of collective bargaining such that municipalities can, in a
timely manner, either (1) join the GIC; or (2) offer health care plans to employees that are
comparable to the offerings of the GIC, provided that the co- payments and deductibles of such
plans do not exceed those of the GIC.
9:00 P.M. Jeanne Krieger reported unanimous support of the Board of Selectmen.
Margaret Coppe reported the School Committee voted unanimously to take no position.
9:04 p.m. Robert Cunha, pr.2, reported the opposition of the Firefighter's Union and the
opposition of the Coalition Bargaining.
March 30, 2009 Annual Town Meeting, cont...
9:06 p.m. Phyllis Neufeld, Lexington Teacher's Union, spoke in opposition.
9:11 P.M. Town Manager Carl Valente responded to questions on the Group Insurance
Commission's plan.
Members spoke in support and opposition, including comments on availability of insurance
plans, current membership, rates, and contributions.
9:28 p.m. Charles Lamb, pr.4, moved to extend debate for 30 minutes. Motion Adopted.
Members continued to speak in support and opposition, and commented further on the
Commonwealth's Group Insurance Commission's plan.
9:42 p.m. Robert Cunha, pr.2, explained the current Coalition Bargaining pertains to only
bargaining health insurance.
10:01 P.M. The Moderator called a standing vote on the amendment to Article 4, line 2130.
Amendment adopted - 104 in favor and 64 opposed.
10:08 P.M. Selectman Carl Valente responded to questions regarding average plan costs
and employee option for town benefits.
10:10 P.M. Vote on Article 4, line 2130 as amended — Unanimously Adopted.
10:10 p. M. Alan Levine, pr. 8, served notice of reconsideration on Article 4, line 2130.
10:12 p.m. Deborah Brown briefly resumed serving as Moderator, recused herself again for
Temporary Moderator Margery Battin to preside over Article 43.
Selectman Norman Cohen moved to postpone further action on Article 4
until after Article 43. Motion Adopted.
10:15 p.m. Selectman Norman Cohen moved to take up Article 43. Motion Adopted.
10:15 p.m. Presented by Patrick Mehr, pr.3.
ARTICLE 43: HEALTH BENEFITS
MOTION: That the Town authorize the formation of a Spousal Health Benefits Study
Committee comprised of four members, one each named by the Moderator, the Board of
Selectmen, the School Committee and the Appropriation Committee.
The Committee shall be formed as soon as possible, and shall determine the rate at which
eligible town employees subscribe to family health plans in 15 -20 greater Boston area towns that
contribute from 50% to 100% of health premiums.
The Committee shall report to the Board of Selectmen, the School Committee and the
Appropriation Committee as soon as possible, and at the 2010 Annual Town Meeting.
Mr. Mehr presented requested action.
10:23 p.m. Selectman Jeanne Krieger reported unanimous opposition of the Selectmen.
The Moderator called for a brief recess.
10:29 p.m. Margaret Coppe, School Committee Chair, reported the opposition
of a majority of the School Committee.
10:29 p.m. Alan Levine, Appropriation Committee Chair, reported 4 members of the
Committee were in support, and 4 in opposition.
10:30 p.m. Following a statement on her need to step down as Temporary Moderator,
Ephraim Weiss, pr.5, moved Charles Hornig, pr.8, be appointed Temporary
Moderator. Motion Adopted.
10:36 p.m. Members spoke further in favor and opposition to Article 43.
10:39 p.m. Reid Zurlo, pr.3, called the question. Motion Adopted.
10:40 p.m. Patrick Mehr yielded time to Rod Cole, who spoke in favor of the motion.
10:42 p.m. Article 43 Not Adopted.
10:43 p.m. Selectman Norman Cohen moved the meeting be adjourned until 7:30 p.m.,
Wednesday, April 1, 2009, Cary Memorial Hall. Motion Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
April 1, 2009 Adjourned Session of the 2009 Annual Town Meeting
The fourth session of the 2009 Annual Town Meeting was called to order by Moderator Deborah
J. Brown at 7:30 p.m., Wednesday, April 1, 2009, Cary Memorial Hall; a quorum of 177
present.
7:35 p.m. Moderator Deborah Brown called a recess for the awarding of the Sharyn Wong -
Chan and Sara Harrington award to Lexington teachers Ann Kim Tenhor and Jesse Richardson.
7:50 p.m. Meeting called to order.
ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
7:50 p.m. Charles Lamb moved the report of the Capital Expenditures Committee be
accepted and placed on file. Unanimously Adopted.
7:58 p.m. Presented by Selectman Norman Cohen.
ARTICLE 4: OPERATING BUDGET
8:01 P.M. School Committee Chair Margaret Coppe reported unanimous support of the
School Committee for line 1100.
Pam Hoffman, pr.7, reported unanimous support of Appropriation Committee for line 1100.
David Horton, pr.8, Minuteman Regional Vocation School liaison, reported the Minuteman
Regional School Committee unanimously supports this budget.
8:04 p.m. Superintendent Paul Ash and Appropriation Committee members responded to
questions pertaining to projections.
8:21 p.m. Members questioned requests for facilities department and contributory retirement.
8:30 p.m. Alan Levine reported unanimous support of the Appropriation Committee.
8:30 p.m. Article 4, except lines 2130, 1100 and 3100 -3500 fund source— Unanimously Adopted.
8:31 p.m. Article 4, lines 1100 and fund source 3100 -3500 — Unanimously Adopted.
8:32 p.m. Alan Levine, pr.8, served notice of reconsideration on Article 4 in entirety,
and line items 1100, 3100 -3500 funding sources.
ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
8:32 p.m. Sandra Shaw moved Report of the Recreation Committee be accepted and placed
on file. Unanimously Adopted. Richard Thuma, Recreation Committee Vice Chair reported.
8:54 p.m. Presented by Selectman Norman Cohen.
ARTICLE 5: APPROPRIATE FY2010 ENTERPRISE FUND BUDGETS
MOTION: a) That the Town appropriate the following sums of money to operate the
Water Division of the Department of Public Works during fiscal year
2010; under the provisions of M.G.L. chapter 44, section 53FY2:
Salaries $ 640
Expenses 363
Debt Service 1
MWRA Assessment 4,600,000
Total $6
Said sum to be funded from water receipts and $525,000 from retained earnings.
b) That the Town appropriate the following sums of money to operate the
Wastewater (Sewer) Division of the Department of Public Works during
fiscal year 2010; under the provisions of M.G.L. chapter 44, section 53FY2:
Salaries $ 270
Expenses 325
Debt Service 633
MWRA Assessment 6,500,000
Total $7
Said sum to be funded from wastewater receipts and $625,000 from retained earnings.
c) That the Town appropriate the following sums of money to operate the
Recreation Department during fiscal year 2010 under the provisions of
M.G.L. chapter 44, section 53FY2.
Salaries $ 636
Expenses 956
Debt Service 132,600
Total $1
Said sum to be funded from recreation receipts and $375,000 from retained earnings.
8:54 p.m. Norman Cohen reported unanimous support of Board of Selectmen.
John Bartenstein reported unanimous support of Appropriation Committee.
Alan Levine, Appropriation Committee Chair, commented on the Recreation Enterprise
Fund. David Kanter commented on the Water /Sewer enterprise & water reading,
reporting unanimous support of the Capital Expenditure Committee for program.
April 1, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont...
9:04 p.m. Questions on water /sewer assessments, allocation of enterprise funds across
recreation programs, retained earnings, and other recreation expenses in other articles
were responded to by Committee members and Selectman Norman Cohen.
9:32 p.m. Unanimously Adopted.
9:44 p.m. Alan Levine, p. 9, served notice of reconsideration on Article 5.
9:34 p.m. Presented by Selectman George Burnell.
ARTICLE 6: APPROPRIATE FOR SENIOR SERVICE PROGRAM
MOTION: That the Town appropriate $45,000 for the purpose of conducting a Senior
Service Program, to be spent under the direction of the Town Manager; that to meet this
appropriation $45,000 be raised in the tax levy; and that the Board of Selectmen be
authorized to establish rules and regulations for the conduct of the program.
9:36 p.m. John Bartenstein reported unanimous support of Appropriation Committee.
9:38 p.m. Human Services Director Charlotte Rogers responded to question concerning
outreach to seniors and criteria used for eligibility.
9:44 p.m. Unanimously Adopted.
Alan Levine, p. 8, served notice of reconsideration on Article 6
9:45 p.m. Presented by Selectman Norman Cohen.
ARTICLE 8: APPROPRIATE FOR TOURISM PROMOTION
MOTION: That the Town appropriate $15,000 for tourism initiatives in the Town, to be
spent under the direction of the Town Manager, and that to meet this appropriation
$15,000 be raised in the tax levy.
9:45 p.m. Dawn McKenna and John Patrick, Tourism Committee, provided an overview.
9:54 p.m. Pam Hofmann, pr.7, reported unanimous support of Appropriation Committee.
Mrs. McKenna and Mr. Patrick responded to questions.
10:02 p.m. Unanimously Adopted.
Alan Levine, p. 8, served notice of reconsideration on Article 8.
10:04 p.m. Selectman Jeanne Krieger moved action on Article 9 be postponed until after
articles 44, 45, and 46. Motion Adopted.
10:04 p.m. Presented by Selectman Norman Cohen.
ARTICLE 10: CONTINUE AND APPROVE DEPARTMENTAL REVOLVING FUNDS
MOTION: That the Town authorize the following revolving funds for certain Town
departments pursuant to the provisions of M.G.L. chapter 44, section 53EY2 for the fiscal
year beginning July 1, 2009, as follows:
Authorized Departmental FY2010
Revolving Fund Representative or Receipts Use of Fund Authorization
Board to Spend
DPW Burial Public Works Director Sale of Grave Boxes Program Expenses $35,000
Containers and Burial Vaults
DPW Compost Sale of Compost and Personnel, Benefits
Operation Public Works Director Loam, Yard Waste and Program $315,000
Permits Expenses
LexMedia Board of Selectmen and License fees from CATV contract,
Operations Town Manager cable TV providers equipment and related $400,000
expenses
Trees Board of Selectmen Gifts and Fees Program Expenses $20,000
Minuteman
Household Public Works Director Fees paid by Program Expenses $175,000
Hazardous Waste consortium towns
Program
Health Programs Health Director Medicare Program Expenses $10,000
Reimbursements
Council on Aging Human Services Program fees and Program Expenses $100,000
Programs Director gifts
Liberty Ride receipts,
Tourism/ Liberty Town Manager and including ticket sales, Program Expenses $166,000
Ride Tourism Committee advertising revenue
and charger sales
School Bus School Committee School bus fees Bus Transportation $830,000
Transportation Expenses
Director of Public Personnel and
Public Facilities Facilities Building rental fees Expenses Related to $275,000
the Rental of Facilities
10:04 p.m. Norman Cohen reported unanimous support of Board of Selectmen.
John Bartenstein reported unanimous support of Appropriation Committee.
10:05 p.m. Selectman Norman Cohen answered questions on cable TV and Trees.
10:10 P.M. Unanimously Adopted.
Alan Levine, p. 8, served notice of reconsideration on Article 10.
April 1, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont...
10:11 P.M. Norman Cohen moved the meeting adjourn until Monday, April 6, 2009, 7:30
p.m., Cary Memorial Hall. Unanimously Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
April 6, 2009 Adjourned Session of the 2009 Annual Town Meeting
The fifth session of the 2009 Annual Town Meeting was called to order by Moderator Deborah J.
Brown at 7:30 p.m., Monday, April 6, 2009, Cary Memorial Hall; a quorum of 175 present.
ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
7:30 p.m. Police Chief Mark Corr and Town Manager Carl Valente introduced Ms.
Stephanie Kraus, Police Department Intern from Germany.
7:40 p.m. Kenneth Kreutziger moved the Report of the Housing Partnership Board be
accepted and placed on file. Unanimously Adopted. Mr. Kreutziger reported.
7:45 p.m. William Kennedy moved the Report of the Lexington Housing Assistance Board
be accepted and placed on file. Unanimously Adopted. Mr. Kennedy reported.
7:49 p.m. Betsey Weiss moved the report of the Community Preservation Committee be
accepted and placed on file. Unanimously Adopted. Ms. Weiss reported.
7:56 p.m. Presented by Betsey Weiss, Community Preservation Committee.
ARTICLE 11: APPROPRIATE THE FY2010 COMMUNITY PRESERVATION
COMMITTEE OPERATING BUDGET AND CPA PROJECTS
MOTION:That the Town hear and act on the report of the Community Preservation Committee on the FY2010
Community Preservation budget and, pursuant to the recommendations of the Community
Preservation Committee, take the following actions:
That the Town reserve for appropriation the following amounts from estimated FY2010 receipts as recommended by the
Community Preservation Committee
a. $397,207 for the acquisition, creation and preservation of open space excluding land for recreational use;
b. $484,700 for the acquisition, preservation, rehabilitation and restoration of historic resources;
c. $1,165,828 for the creation, preservation and support of community housing; and
d. $1,924,336 to Unbudgeted Reserves.
And further, that the Town make appropriations from the Community Preservation Fund and other sources as follows:
a. That $70,000 be appropriated from Unbudgeted Reserves of the Community Preservation Fund for the continued analysis
of the Center Playfields Drainage Study.
b. That $569,000 be appropriated from Unbudgeted Reserves of the Community Preservation Fund for the Old
Reservoir /Marrett Road Stormwater Mitigation and Preservation project.
c. That $200,000 be appropriated from Unbudgeted Reserves of the Community Preservation Fund for the Pine Meadows Golf
Course Preservation project.
d. That $150,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for archive
records management and conservation.
e. That this item be indefinitely postponed.
f. That $30,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for supplemental
funds for the Town Office Building Renovation, Preservation and Design phase of the project.
g. That $45,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for the Lexington
Police Station Space Preservation and Needs Study.
h) That $180,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for the Stone
Building Renovation, Preservation Study and extraordinary repairs.
i) That $100,000 be appropriated for engineering and architectural services for the schematic phase of the Fire Headquarters
Renovation, Preservation and Redesign project and that to meet this appropriation $29,700 be appropriated from the
Historic Resources Reserve of the Community Preservation Fund, and the Treasurer, with the approval of the Board of
Selectmen, is authorized to borrow $70,300 under M.G.L. Chapter 44, Section 7, or any other enabling authority.
j) That $320,828 be appropriated from the Community Housing Reserve of the Community Preservation Fund for the Greeley
Village Roof Replacement.
k) That $50,000 be appropriated from the Historic Resources Reserve of the Community Preservation Fund for the Munroe
Tavern Historic Structures and Capital Needs Report.
1) That $845,000 be appropriated from the Community Housing Reserve of the Community Preservation Fund for the
purchase of four affordable housing units.
m) That this item be indefinitely postponed.
n) That $150,000 be appropriated from Unbudgeted Reserves of the Community Preservation Fund to meet the administrative
expenses and all other necessary proper expenses of the Community Preservation Committee for FY2010.
----------------------------
7:56 p.m. Betsey Weiss, pr.2, presented Part I.
April 6, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont...
Selectman Hank Manz reported support of Board of Selectmen
David Kanter reported unanimous support of Capital Expenditures Committee
Eric Michelson reported unanimous support of Appropriation Committee.
8:03 p.m. Part I, (a -d) Unanimously Adopted
8:04 p.m. Part II, (a -n) — Sandra Shaw presented Part II (a).
Shirley Stolz reported unanimous support of Capital Expenditures Committee
Eric Michelson reported support of Appropriation Committee (8 -0 -1).
Hank Manz reported unanimous support of Board of Selectmen.
Charles Lamb served notice of reconsideration on Part I, (a -d).
8:17 p.m. Margaret Coppe reported unanimous support of the School Committee
Sandra Shaw responded to questions from members.
8:20 p.m. Part II (a) Unanimously Adopted.
Charles Lamb served notice of reconsideration on Part II (a).
8:21 p.m. Sandra Shaw presented Part II (b).
Shirley Stolz reported unanimous support of Capital Expenditures Committee
Eric Michelson reported support of Appropriation Committee (8 -0 -1).
Hank Manz reported unanimous support of Board of Selectmen.
8:26 p.m. Part II (b) Unanimously Adopted.
Charles Lamb served notice of reconsideration on Part II (b).
8:26 p.m. Sandra Shaw presented Part II ( c), to which Recreation Committee member
Richard Thuma added comments.
Shirley Stolz reported unanimous support of Capital Expenditures Committee.
Alan Levine reported support of Appropriation Committee (4y -5n), to which
member Eric Michelson added comments in support.
Hank Manz reported unanimous support of Board of Selectmen.
Members spoke in favor and opposition, questioning fees, enterprise fund use, and position of
the Conservation Commission. Conservation Chairperson Joyce Miller reported the Commission
would take no position.
9:08 P.M. Richard Neumeier, pr.3 moved the question. Motion Adopted.
9:09 P.M. Part II (c ) Adopted.
Charles Lamb served notice of reconsideration on Part II (c).
9:09 P.M. Wendy Manz presented Part II (d) and reported support of Community
Preservation Committee (9 -0).
David Kanter reported unanimous support of Capital Expenditures Committee
Eric Michelson reported support (8 -0 -1) of Appropriation Committee
Hank Manz reported unanimous support of Board of Selectmen.
9:13 p.m. Part II (d) Unanimously Adopted.
9:14 p.m. Indefinite Postponement of Part II (e).
David Kanter reported unanimous support of Capital Expenditures Committee.
Eric Michelson reported unanimous support of Appropriation Committee.
Hank Manz reported unanimous support of Board of Selectmen.
9:15 p.m. Part II (e) Unanimously Adopted.
Charles Lamb served notice of reconsideration on Part II (d) & (e).
9:15 p.m. Selectman George Burnell spoke on Part II(f - -i).
Selectman Jeanne Krieger presented Part II (f).
David Kanter reported unanimous support of Capital Expenditures Committee.
Eric Michelson reported support (8 -0 -1) of Appropriation Committee.
Hank Manz reported unanimous support of Board of Selectmen.
Town Manager Carl Valente responded to Senior Center /Community Center questions.
9:33 p.m. Part II (f) Unanimously Adopted.
9:33 p.m. Joel Adler, pr. 1, presented Part II (g).
David Kanter reported unanimous support of Capital Expenditures Committee.
Eric Michelson reported support (8 -0 -1) of Appropriation Committee.
Hank Manz reported unanimous support of Board of Selectmen.
9:36 p.m. Part II (g) Unanimously Adopted.
Charles Lamb served notice of reconsideration on Part II (fi & (g).
9:36 p.m. Marilyn Fenollosa, pr.5, presented Part II (h).
David Kanter reported unanimous support of Capital Expenditures Committee.
Eric Michelson reported support (8 -0 -1) of Appropriation Committee
Hank Manz reported unanimous support of Board of Selectmen.
Town Manager Carl Valente and Library Director Connie Rawson responded to
questions on the Stone Building and Heritage Center concept.
9:43 p.m. Part II (h) Unanimously Adopted.
April 6, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont...
Charles Lamb served notice of reconsideration on Part II (h).
9:44 p.m. Joel Adler, pr. 1, presented Part II (i).
David Kanter reported unanimous support of Capital Expenditures Committee.
Eric Michelson reported support (8 -0 -1) of Appropriation Committee.
Hank Manz reported unanimous support of Board of Selectmen
Alan Levine, Appropriation Committee, reminded the meeting of funding debt.
9:49 p.m. Part II (i) Declared Unanimously Adopted.
9:49 p.m. Leo McSweeney, pr.9, presented Part 110).
David Kanter reported unanimous support of Capital Expenditures Committee.
Eric Michelson reported support (8 -0 -1) of Appropriation Committee.
Hank Manz reported unanimous support of Board of Selectmen.
9:52 p.m. Part II (i) Unanimously Adopted.
Charles Lamb served notice of reconsideration on Part II (i) & ( j).
9:52 p.m. Marilyn Fenollosa, pr.5, presented Part II (k).
David Kanter reported unanimous support of Capital Expenditures Committee.
Eric Michelson reported support (8 -0 -1) of Appropriation Committee.
Hank Manz reported support (4 -1) of Board of Selectmen.
9:55 p.m. Historical Society Director Susan Bennett responded to questions from members.
10:06 p.m. Part II 0) Adopted.
Charles Lamb served notice of reconsideration on Part II (k).
10:07 p.m. Betsey Weiss, pr.2, presented Part 11 (1) and reported unanimous support of
Community Preservation Committee.
David Kanter reported unanimous support of Capital Expenditures Committee.
Eric Michelson reported support (8 -0 -1) of Appropriation Committee.
Hank Manz reported unanimous support of Board of Selectmen.
10:15 p.m. Part II (1) Declared Adopted by more than the necessary two - thirds vote.
10:16 p.m. Betsey Weiss, pr.2, presented Part II (m).
David Kanter reported unanimous support of Capital Expenditures Committee.
Eric Michelson reported unanimous support of Appropriation Committee.
Hank Manz reported unanimous support of Board of Selectmen.
Charles Hornig reported Planning Board took no position.
10:19 P.M. Part II (m) Unanimously Adopted.
10:20 p.m. Betsey Weiss, pr.2, presented Part 11(n) and reported unanimous support of
Community Preservation Committee.
David Kanter reported unanimous support of Capital Expenditures Committee.
Eric Michelson reported support (8 -1) of Appropriation Committee.
Hank Manz reported unanimous support of Board of Selectmen.
Town Manager Carl Valente responded to question concerning costs for
administrative services.
10:30 p.m. Part II (n) Adopted.
Charles Lamb served notice of reconsideration on Part II (l) & (n).
10:31 p.m. Norman Cohen moved the meeting be adjourned until Monday, April 13, 2009,
7:30 p.m., Cary Memorial Hall. Motion Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
-------------------------------------------------------------
April 13, 2009 Adjourned Session of the 2009 Annual Town Meeting
The sixth session of the 2009 Annual Town Meeting was called to order by Moderator Deborah
J. Brown at 7:30 p.m., Monday, April 13, 2009, Cary Memorial Hall; a quorum of 170 present.
ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
7:38 p.m. Capital Expenditures Committee member David Kanter reported the Erata page to
the 2009 Report and moved the Erata be accepted and placed on file. Mr. Kanter addressed
errors in the report. Unanimously Adopted.
7:46 p.m. Marian Cohen & Paul Lapointe moved the Report of the Council on Aging be accepted
and placed on file. Unanimously Adopted. Mr. Lapointe reported.
April 13, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont...
8:08 P.M. Selectman Norman Cohen moved Article 22 be taken up. Unanimously Adopted.
Presented by Selectman Peter Kelley.
ARTICLE 22: APPROPRIATE FOR DESIGN /ENGINEERING FOR SENIOR/
COMMUNITY CENTER AT WHITE HOUSE SITE (BARNES PROPERTY)
MOTION: That this article be indefinitely postponed.
8:09 P.M. Shirley Stolz reported the support of the Capital Expenditures Committee for
indefinite postponement. Alan Levine reported the Appropriation Committee had no report.
8:11 P.M. Marion Cohen, Co -Chair of the Council on Aging reported a need for the Council
on Aging to proceed with a new center.
Members spoke in support and in opposition of Indefinite Postponement.
8:28 p.m. Robert Whitman, pr.3, moved the question. Motion Adopted
8:29 p.m. Motion to Indefinitely Postpone Adopted.
8:29 p.m. Presented by Selectman Peter Kelley.
ARTICLE 12: LAND PURCHASE — OFF VINE STREET
MOTION: That: (a) the Conservation Commission be authorized to purchase or
otherwise acquire, or that the Selectmen be authorized to take by eminent
domain, upon the written request of the Conservation Commission, for
conservation purposes including outdoor recreation as provided by Section 8C of
Chapter 40 of the General Laws, any fee, easement or conservation restriction
as defined in Section 31 of Chapter 184 of the General Laws or other interest in
all or a portion of land consisting of approximately 13.49 acres and shown as Lot
45A on a Plan entitled "Plan of Land in Lexington, Mass. (Middlesex County),
being a subdivision of Map 47 Lot 45" by Keenan Survey dated March 18, 2009
a copy of which plan is on file in the office of the Town Clerk, on terms that are
acceptable to the Board of Selectmen in its discretion;
(b) the Selectmen be authorized to purchase, take by eminent domain or
otherwise acquire for community housing purposes all or a portion of land
consisting of approximately 30,022 square feet and shown as Lot 45B on said
Plan, on terms that are acceptable to the Board of Selectmen in its discretion;
and
(c) the sum of $2,763,100 be appropriated for such land acquisition, and that to
raise such amount $939,894 be appropriated from Open Space Reserve of the
Community Preservation Fund, $1,659,749 be appropriated from the
Unbudgeted Reserves of the Community Preservation Fund, and $163,457 be
appropriated from the Undesignated Fund Balance of the Community
Preservation Fund.
Peter Kelley reviewed purchase opportunity from the Estate of Joseph Leary, and reported the
unanimous support of the Board of Selectmen.
8:31 p.m. Shirley Stolz reported unanimous support of Capital Expenditures Committee.
Eric Michelson reported unanimous support of Appropriation Committee.
Charles Hornig reported support of Planning Board.
8:36 p.m. Richard Wolk, Conservation Commission, spoke in support and reviewed
property importance.
8:45 p.m. Members spoke in support, questioned property location and Community
Preservation fund allocation and cash/borrowing approach, property use for
conservation /recreation/housing.
8:54 p.m. Richard Michelson, pr.8, moved the question. Adopted
8:55 p.m. Article 12 Unanimously Adopted.
8:55 p.m. Charles Lamb served notice of reconsideration on Article 12.
8:55 p.m. Presented by Selectman Peter Kelley.
ARTICLE 13: LAND PURCHASE OFF LOWELL STREET
MOTION: That this article be indefinitely postponed.
8:56 p.m. Shirley Stolz reported unanimous support of Capital Expenditures Committee.
Selectman Norman Cohen briefly explained need for postponement.
8:57 p.m. Unanimously Adopted.
8:57 p.m. Presented by Selectman Hank Manz.
ARTICLE 14: APPROPRIATE FOR RECREATION CAPITAL PROJECTS
MOTION: That this article be indefinitely postponed.
Mr. Manz explained reason for indefinite postponement.
April 13, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont...
8:58 p.m. Shirley Stolz reported unanimous support of Capital Expenditures Committee.
Glenn Parker reported unanimous support of Appropriation Committee.
8:59 p.m. Unanimously Adopted.
9:00 P.M. Presented by Selectman Hank Manz.
ARTICLE 15: APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND
EQUIPMENT
MOTION: That the following amounts be appropriated for the following
capital improvements and that each amount be raised as indicated:
a) Replacement of Fire Engine 3 - $500,000 for purchasing a new fire engine and all incidental
costs related thereto, and that to meet this appropriation the Treasurer, with the approval of
the Board of Selectmen, is authorized to borrow $500,000 under M.G.L. Chapter 44, Section
7 or any other enabling authority.
b) Head End Equipment - $154,500 for replacing head -end network equipment and that to
meet this appropriation $43,450 be raised from the general fund unreserved fund balance,
$27,550 be transferred from the Sale of Real Estate Account, and the Treasurer, with the
approval of the Board of Selectmen, is authorized to borrow $83,500 under M.G.L. Chapter
44, Section 7 or any other enabling authority.
c) Comprehensive Stormwater Management Watershed Study - $110,000 for engineering
services for a comprehensive stormwater management watershed study, and that to meet
this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized
to borrow $110,000 under M.G.L. Chapter 44, Section 7 or any other enabling authority.
d) DPW Equipment Replacement - $903,423 for the cost of departmental equipment for the
Department of Public Works and all incidental costs related thereto, and that to meet this
appropriation $1,450 be transferred from the unexpended balance appropriated under
Article 32(g) of the 2005 Annual Town Meeting, and the Treasurer, with the approval of the
Board of Selectmen, is authorized to borrow $901,973 under M.G.L. Chapter 44, Section 7
or any other enabling authority.
e) CBD Sidewalks — that this item be indefinitely postponed.
f) Sidewalk Improvements and Easements — That the Selectmen be and they hereby are
authorized to take by eminent domain, purchase or otherwise acquire any fee, easement or
other interest in land necessary for sidewalk construction through the end of fiscal year
2010. (as amended April 13, 2009)
g) Storm Drainage Improvements - $160,000 for constructing and reconstructing storm drains
and all incidental costs related thereto, and that to meet this appropriation the Treasurer,
with the approval of the Board of Selectmen, is authorized to borrow $160,000 under M.G.L.
Chapter 44, Section 7 or any other enabling authority.
h) Geographic Information System (GIS) - $120,000 for the cost of a computerized mapping
system and all incidental costs related thereto, and that to meet this appropriation $21,600
be transferred from Water Retained Earnings, $14,400 be transferred from Sewer Retained
Earnings, and $84,000 be raised from the general fund unreserved fund balance.
i) Hydrant Replacement Program - $50,000 for the replacement of fire hydrants and all
incidental costs related thereto, and that to meet this appropriation $25,000 be transferred
from Water Retained Earnings and $25,000 be raised from the general fund unreserved
fund balance.
j) Street Improvements- $538,125 for road reconstruction, repairs and resurfacing by the
Department of Public Works and all incidental costs related thereto, and that to meet this
appropriation $538,125 be raised in the tax levy; and authorize the Town to accept and
expend any additional funds provided or to be provided by the Commonwealth of
Massachusetts through the Massachusetts Highway Department.
k) Traffic Mitigation - $50,000 for engineering services for traffic and intersection improvements
town -wide, and that to meet this appropriation $50,000 be raised from the general fund
unreserved fund balance.
--------------------------------------------------
Hank Manz explained requested action and reported unanimous support of the Board of
Selectmen for all parts except part (k) where vote is 4 in support and 1 in opposition.
9:00 P.M. Part (a) David Kanter reported unanimous support of Capital Expenditures
Committee. Glenn Parker reported support of Appropriation Committee for all portions
(9 -0) except (e) and (f), with no vote on part (k).
Part (b) David Kanter reported unanimous support of Capital Expenditures
Committee. Glenn Parker reported 9 -0 support of Appropriation Committee.
Part( c) David Kanter reported unanimous support of Capital Expenditures
Committee.
Part (d) David Kanter reported unanimous support of Capital Expenditures
Committee.
Mr. Manz and Public Works Director William Hadley responded to questions on value of old
vehicles and extended life of vehicles with new DPW facility providing indoor vehicle storage.
April 13, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont...
Conservation Administrator Karen Mullins responded to questions on status of Hardy's Pond
Brook. Public Works Director William Hadley and Town Engineer John Livsey responded to
brook maintenance questions.
9:15 p.m. Part (e) David Kanter reported unanimous support of Capital Expenditures
Committee. Glenn Parker reported no vote of the Appropriation Committee.
Part (f) David Kanter reported no objection of Capital Expenditures Committee.
Glenn Parker reported no opinion of Appropriation Committee.
9:19 P.M. Selectman Norman Cohen and Town Counsel William Lahey responded to
questions on authority for easements.
9:28 p.m. John Bartenstein, pr. 1, moved the following amendment:
AMENDMENT. add to end of existing motion the words
"through the end of fiscal year 2010 ".
Members spoke in favor and opposition of Bartenstein amendment.
9:37 p.m. David Kanter reported unanimous support of Capital Expenditures Committee
for Bartenstein Amendment.
9:39 p.m. Bartenstein Amendment Adopted.
9:40 p.m. Part (g) David Kanter reported unanimous support of Capital Expenditures
Committee.
9:44 p.m. Part (h) David Kanter reported unanimous support of Capital Expenditures
Committee.
9:44 p.m. Part (i) David Kanter reported unanimous support of Capital Expenditures
Committee.
9:45 p.m. Part (j) David Kanter reported unanimous support of Capital Expenditures
Committee.
Members questioned current roadwork and future plans throughout the town, to which
Public Works Director William Hadley and Town Engineer John Livsey responded.
10:06 p.m. Part (k) David Kanter reported majority support (4 -1) of Capital Expenditures
Committee. Glenn Parker reported 8 -0 support of Appropriation Committee. Support (4 -1) of
the Board of Selectmen was reported. Charles Hornig reported Planning Board support.
Public Works Director William Hadley responded to questions on S. Lexington traffic studies.
10:12 p.m. Article 15, parts (a), (b), ( c), (d), (f), (g) declared Adopted
by more than the necessary two - thirds vote.
10:13 p.m. Article 15, parts (e), (h), (i), (j), (k), declared Adopted.
10:13 p. m. Charles Lamb, pr. 4, served notice of reconsideration on Article 15.
10:13 p.m. Presented by Selectman Hank Manz.
ARTICLE 16: APPROPRIATE FOR WATER DISTRIBUTION IMPROVEMENTS
MOTION: That the Selectmen are hereby authorized to install new water mains and
replace or clean and line existing water mains and all incidental costs related thereto in
such accepted or unaccepted streets or other land as the Selectmen may determine,
subject to the assessment of betterments or otherwise, and to take by eminent domain,
purchase or otherwise acquire any fee, easement or other interest in land necessary
therefor; to appropriate $900,000 for such installation and lining and land acquisition;
and to meet this appropriation the Treasurer with the approval of the Board of Selectmen
is authorized to borrow $900,000 under M.G.L. Chapter 44, Section 8 or any other
enabling authority; and that the Treasurer with the approval of the Board of Selectmen is
authorized to borrow all or a portion of such amount from the Massachusetts Water
Resources Authority and in connection therewith to enter into a loan agreement and /or
security agreement.
10:13 p.m. Mr. Manz reported support of the Selectmen. Theodore Edson reported
unanimous support of Capital Expenditures Committee. John Bartenstein reported
unanimous support of Appropriation Committee.
10:16p.m. Unanimously Adopted.
10:16 p.m. Charles Lamb served notice of reconsideration of Article 16.
10:17 p.m. Presented by Selectman Hank Manz.
ARTICLE 17: APPROPRIATE FOR SEWER IMPROVEMENTS
MOTION: That: (a) the Selectmen are hereby authorized to install sewer mains and
sewerage systems and replacements thereof, and all incidental costs related
thereto in such accepted or unaccepted streets or other land as the Selectmen
may determine, subject to the assessment of betterments or otherwise, in
accordance with Chapter 504 of the Acts of 1897, and acts in addition thereto
and amendment thereof, or otherwise, and to take by eminent domain, purchase
April 13, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont...
or otherwise acquire any fee, easement or other interest in land necessary
therefor; to appropriate for such installation and land acquisition the sum of
$1,200,000, and to raise such amount the Treasurer with the approval of the
Board of Selectmen is authorized to borrow $1,200,000 under M.G.L. Chapter
44, Section 7 or any other enabling authority; and that the Treasurer with the
approval of the Board of Selectmen is authorized to borrow all or a portion of
such amount from the Massachusetts Water Resources Authority and in
connection therewith to enter into a loan agreement and /or security agreement;
and (b) $100,000 be appropriated for pump station upgrades and all incidental
costs related thereto, and to raise such amount the Treasurer, with the approval
of the Board of Selectmen, is authorized to borrow $100,000 under M.G.L.
Chapter 44, Section 7 or any other enabling authority.
10:17 p.m. Theodore Edson reported unanimous support of Capital Expenditures Committee.
John Bartenstein reported unanimous support of Appropriation Committee.
10:22 p.m. Unanimously Adopted.
10:22 p.m. Charles Lamb served notice off reconsideration of Article 17.
10:23 p.m. Selectman Norman Cohen moved the meeting be adjourned until 7:30 p.m.,
Wednesday, April 15, 2009, Cary Memorial Hall.
Richard Michelson, pr.8, moved to amended to adjourn until April 27, 2009.
Motion to Amend Not Adopted.
10:24 p.m. Motion to Adjourn Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
-------------------------------------------
April 15, 2009 Adjourned Session of the 2009 Annual Town Meeting
The seventh session of the 2009 Annual Town Meeting was called to order by Moderator
Deborah J. Brown at 7:30 p.m., Wednesday, April 15, 2009, Cary Memorial Hall; a quorum of
159 present.
7:36 p.m. Presented by Selectman George Burnell
ARTICLE 18: APPROPRIATE FOR SCHOOL CAPITAL PROJECTS AND
EQUIPMENT
MOTION: That the following amounts be appropriated for the following capital
improvements and that each amount be raised as indicated:
a) School Technology - $600,000 for maintaining and upgrading the Lexington
Public Schools' technology systems, and that to meet this appropriation the
Treasurer, with the approval of the Board of Selectmen is authorized to
borrow $600,000 under M.G.L. Chapter 44, Section 7 or any other enabling
authority.
b) Classroom Furniture - $50,000 for the purchase of classroom furniture, and
that to meet this appropriation $50,000 be raised from the general fund
unreserved fund balance.
c) Kitchen Equipment - $75,000 for the purchase of kitchen equipment, and that
to meet this appropriation $75,000 be raised from the general fund
unreserved fund balance.
Mr. Burnell reported unanimous support of Board of Selectmen.
Margaret Coppe reported unanimous support of School Committee.
David Kanter reported unanimous support of Capital Expenditures Committee
Mollie Garberg reported unanimous support of Appropriation Committee.
7:44 p.m. Part (a) Adopted Unanimously
Part (b) & (c) Adopted Unanimously.
7:44 p.m. Charles Lamb served notice of reconsideration of Article 18.
April 15, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont...
7:44 p.m. Presented by Selectman George Burnell.
ARTICLE 19: APPROPRIATE FOR PUBLIC FACILITIES CAPITAL PROJECTS
MOTION: That the following amounts be appropriated for the following capital
improvements and that each amount be raised as indicated:
a) Hastings Oil Tank and Boiler Replacement — that this item be indefinitely postponed.
b) Lexington High School Gillespie Auditorium Renovation — $305,000 for remodeling and making
extraordinary repairs to the Gillespie Auditorium at Lexington High School, and that to meet this
appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow
$305,000 under M.G.L. Chapter 44, Section 7 or any other enabling authority.
c) Lexington High School Heating System Upgrade — $350,000 is appropriated for extraordinary repairs
to the heating system at Lexington High School, including improvements to HVAC systems, the
replacement of existing univents, the installation of new controls and the installation of new room
sensors, and that to meet this appropriation the Treasurer, with the approval of the Board of
Selectmen, is authorized to borrow $350,000 under M.G.L. Chapter 44, Section 7 or any other
enabling authority.
d) School Building Roofing Program - $201,500 for reconstructing or making extraordinary repairs to
roofs on school buildings, and that to meet this appropriation the Treasurer, with the approval of the
Board of Selectmen, is authorized to borrow $201,500 under M.G.L. Chapter 44, Section 7 or any
other enabling authority.
e) Fire Headquarters Preservation and Renovation Design — That this item be indefinitely postponed.
f) Relocate Old Harrington School Playground Structures - $40,000 for the relocation of the Old
Harrington School playground structures, and that to meet this appropriation $40,000 be raised from
the general fund unreserved fund balance.
g) Bowman School Play Area Improvement - $80,000 for replacing pavement and making improvements
to the Bowman School play area, and that to meet this appropriation $80,000 be raised from the
general fund unreserved fund balance
h) Lexington High School Elevator Piston Replacement - $40,000 for replacing the hydraulic cylinder in
one of the elevators at the High School, and that to meet this appropriation $40,000 be raised from
the general fund unreserved fund balance.
i) School Building Envelop Program - $125,000 for system -wide repairs to school buildings, and to meet
this appropriation $125,000 be raised from the general fund unreserved fund balance.
j) Police Station Space Preservation Needs Study — That this item be indefinitely postponed.
k) Stone Building Preservation and Renovation — That this item be indefinitely postponed.
1) East Lexington Fire Station Kitchen Upgrade - $75,000 for upgrading the East Lexington Fire Station
kitchen, and to meet this appropriation $75,000 be raised from the general fund unreserved fund
balance.
m) School Accessibility Improvements - $50,000 for improving accessibility at primary entrances to
school buildings, and to meet this appropriation $50,000 be raised from the general fund unreserved
fund balance.
n) Municipal Building Envelop - $157,594 for reconstructing, remodeling and making extraordinary
repairs to municipal buildings and to meet this appropriation $157,594 be raised in the tax levy.
o) Town Office Building Preservation and Renovation — That this item be indefinitely postponed.
Patrick Goddard, Director of Facilities, responded to questions on High School HVAC work.
8:04 p.m. George Burnell reported unanimous support of Board of Selectmen
Margaret Coppe reported unanimous support of School Committee.
Charles Lamb reported unanimous support of Capital Expenditures Committee.
Glenn Parker reported unanimous support of Appropriation Committee.
8:07 p.m. Parts (a), (e -o) Adopted Unanimously
Parts (b), (c) (d) — Adopted Unanimously.
8:08 P.M. Charles Lamb served notice of reconsideration of Article 19.
8:08 P.M. Presented by Selectman Norman Cohen.
ARTICLE 23: APPROPRIATE FOR POST EMPLOYMENT BENEFITS
MOTION: That $440,690 be appropriated to the Town of Lexington Post
Employment Insurance Liability Fund, as established by Chapter 317 of the Acts of
2002, and that to meet this appropriation $440,690 be raised from the general fund
unreserved fund balance.
8:08 P.M. Norman Cohen reported unanimous support of Board of Selectmen.
8:11 P.M. Richard Eurich reported unanimous support of Appropriation Committee.
Selectman Cohen and Town Manager Carl Valente responded to questions regarding to fund
usage and control of health insurance costs.
8:19 P.M. Unanimously Adopted.
9:19 P.M. Alan Levine served notice of reconsideration of Article 23.
8:20 p.m. Presented by Selectman Norman Cohen.
ARTICLE 24: RESCIND PRIOR BORROWING AUTHORIZATIONS
MOTION: That this article be indefinitely postponed.
Selectman Cohen reported no borrowing to be rescinded.
Charles Lamb reported unanimous support of Capital Expenditures Committee.
Mollie Garberg reported unanimous support of Appropriation Committee.
April 15, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont...
8:20 p.m. Unanimously Adopted.
8:20 p.m. Selectman Norman Cohen moved action on Article 25 be postponed
until after Article 49. Unanimously Adopted.
8:22 p.m. Presented by Selectman Norman Cohen.
ARTICLE 26: ESTABLISH AND APPROPRIATE TO DEBT SERVICE
STABILIZATION FUND
MOTION: That: (a) Debt Service Stabilization Fund be created in accordance with
M.G.L. Chapter 40, Section 5B;
(b) $1,739,894, the balance of the excess reimbursement paid to the Town in
August 2006 by the Massachusetts School Building Authority, be appropriated to
the Debt Service Stabilization Fund, and to meet this appropriation $1,739,894
be transferred from the Fund Balance Reserve for Expenditures of the Capital
Project Fund; and
(c) $127,158 be appropriated from the Debt Service Stabilization Fund to offset
the FY2010 debt service of the bond dated February 1, 2003 issued for funding
additions and renovations to the Lexington High School, Clarke Middle School
and Diamond Middle School.
8:22 p.m. Norman Cohen reported unanimous support of Board of Selectmen.
Charles Lamb reported unanimous support of Capital Expenditures Committee.
Susan McLeish reported unanimous support of Appropriation Committee.
Norman Cohen, Alan Levine, and Finance Director Robert Addelson responded to
questions on investments.
8:31 p.m. Unanimously Adopted.
8:31 p. m. Charles Lamb served notice of reconsideration of Article 26
8:31 p.m. Presented by Selectman Norman Cohen.
ARTICLE 28: APPROPRIATE FOR STABILIZATION FUND
MOTION: That this article be indefinitely postponed.
8:31 p.m. John Bartenstein reported unanimous support of Appropriation Committee.
8:32 p.m. Unanimously Adopted.
8:32 p.m. Presented by Selectman Norman Cohen.
ARTICLE 29: APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS
MOTION: That this article be indefinitely postponed.
8:32 p.m. Pam Hoffman reported unanimous support of Appropriation Committee
8:32 p.m. Unanimously Adopted.
8:33 p.m. Alan Levine served notice of reconsideration of Article 29.
8:33 p.m. Selectman Norman Cohen moved Articles 30 and 31 be taken up after Article 49.
Unanimously Adopted.
8:34 p.m. Charles Horning provided updated for plans on Planning articles.
Alan Levine reported an upcoming second report of the Appropriation Committee
regarding zoning articles.
8:35 p.m. Selectman Norman Cohen moved the meeting be adjourned until 7:30 p.m.,
Monday, April 27, 2009, Cary Memorial Hall. Motion to Adjourn Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
------------------------------------------------------
April 27, 2009 Adjourned Session of the 2009 Annual Town Meeting
The eighth session of the 2009 Annual Town Meeting was called to order by Moderator
Deborah J. Brown at 7:30 p.m., Monday, April 27, 2009, Cary Memorial Hall; a quorum of 166
present.
7:35 p.m. Moderator Deborah J. Brown declared the meeting to be in recess for a
presentation of the Town Meeting Members Association to 30 -year town meeting members
George Burnell, Peter Kelley and Joel Adler.
April 27, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont...
7:47 p.m. Meeting Called to Order and reports to be made under Article 2.
ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
7:48 p.m. Elaine Dratch, pr.5, moved the Report of the Transportation Advisory Committee
be accepted and placed on file. Sara Arnold, Co- Chair, reported.
Unanimously Adopted.
7:58 p.m. Alan Levine moved the 2 nd Report of the Appropriation Committee to the 2009
Annual Town Meeting be accepted and placed on file. Unanimously Adopted
8:00 P.M. Charles Hornig, pr.8, moved the Report of the Planning Board to the 2009 Annual
Town Meeting be accepted and placed on file. Mr. Hornig Reported.
Unanimously Adopted.
8:04 p.m. Charles Hornig moved Articles 44, 45, and 46 be taken together at this time.
Unanimously Adopted.
8:06 p.m. Presented by Charles Hornig, Planning Board Chairperson.
ARTICLE 44: AMEND ZONING BY -LAW, CM AND NFI DISTRICT CHANGES
ARTICLE 45: AMEND ZONING BY -LAW -TRAFFIC
ARTICLE 46: AMEND ZONING BY -LAW MAP REVISION
CONSOLIDATED MOTION:
[PLEASE NOTE: The left -hand column of each section includes annotations that are not part of the
motion, but have been included to facilitate interpretation.]
That the Zoning Bylaw, Chapter 135 of the Code of the Town of Lexington and the Zoning
Map be amended as follows:
ARTICLE 44 1. Delete § 135- 2C(2)(g) in its entirety and replace with the following:
Redefines the CM in (g) CM Manufacturing: is intended to be a district of higher intensity of
keeping with the development allowing a mix of light manufacturing, research and
proposed changes office uses with related personal and business services.
Penalty for violation of 2. Add the words ", a site plan review decision" to § 135 -9B in between the
site plan review words "a special permit" and "or a special permit with site plan review"
3. Add the following new section following § 135 -13:
Establishes Site Plan
Review process § 135 -13.1 Site Plan Review
A. Purpose. Site plan review is a means of managing the aesthetics and
environmental impacts of land use by the regulation of permitted uses, not
Purpose their prohibition. Its purpose is to assure protection of the public interest
consistent with a reasonable use of the site for the purposes permitted in the
district.
B. Applicability. The following types of activities and uses require site plan
review by the Planning Board or its designee:
Applicability (1) Exterior construction or expansion of a structure resulting in an increase
of 500 SF or greater of total building gross floor area;
(2) Any changes to an approved site plan.
C. Special Permits.
(1) Where an activity or use requires both site plan review and one or more
special permits the Planning Board shall be the SPGA.
Special Permits (2) When both a special permit and site plan review are required, they shall
be considered together under the provisions of § 135-12.
(3) The Planning Board in its regulations shall establish standards for
special permit approval consistent with §135 -12B.
Procedures D. Procedures for Site Plan Review.
April 27, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont...
(1) Applicants shall submit an application for site plan review to the
Planning Board.
(2) The Planning Board shall promulgate, after public notice and hearing,
rules and regulations to effectuate the purposes and intent of this
provision of the by -law, including definitions of major and minor site
plans and delegating administrative review to the Board's designee that
will allow site plan review without a public meeting for site plans that
are defined as minor.
(3) A public meeting shall be required for all major site plans. The meeting
will be advertised in the local newspaper once in each of two successive
weeks prior to the meeting and a notice will be sent to landowners
within 300 feet of the affected lot.
(4) The Planning Board or its designee shall review and act upon the site
plan, requiring such conditions as necessary to satisfy the Review
Standards, and notify the applicant of its decision. The decision shall be
in writing and shall be rendered within 60 days of the date of
application.
(5) The applicant may request, and the Planning Board may grant by
majority vote, an extension of the time limits set forth herein.
(6) The applicant shall satisfy or comply with all conditions of the site plan
review decision prior to the issuance of a building permit except for
those conditions that by their terms are intended to be satisfied during
construction or later.
(7) Unless specifically authorized by the terms of the site plan review
decision, a final certificate of occupancy shall not be issued until the
applicant has complied with or satisfied all conditions of the site plan
review decision.
E. Review Standards. The Planning Board in its regulations shall establish
standards for site plan review that will at a minimum address the following:
(1) Siting of facilities
(2) Design practices
(3) Open space and natural features
(4) Circulation
Standards for site plan (5) Water quality
review (6) Town character and historic significance
(7) Impacts on public services and facilities
(8) Signage
(9) Safety
(10) Energy efficient site design
(11) Potential adverse effects
4. Delete the definition of the symbol "Y YES" in § 135 -16B in its entirety
Removes SPS
requirement if 10, 000 and replace with the following:
SF or more
Y YES: Permitted as of right.
5. Add a new symbol "R" in § 135 -16B after the symbol "Y" and its
Defines "R" definition, as follows:
R: Site plan review required (see § 135- 13.1B).
6. Delete the words stricken through and change the letter under the CM
Allows additional uses
in the CM district column in the lines of Table 1 (Permitted Uses and Development
Standards), Part B (Commercial Uses) as shown below:
Line CM
Uses and structures with less than 10,000 square feet of gross floor
area including the area of any existing structures but not including any
B.21 floor area devoted to off - street parking, on a lot provided the us Y- R
pr r�for! an GE) m p Ii e S w i th t he eperatt inn an d e eI� -
in thi-S table
April 27, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont...
Uses and structures with 10,000 or more square feet of gross floor
Uses now allowed area including the area of any existing structures but not including any SPS
without SPS 6.22 floor area devoted to off - street parking, on a lot R
and 135-
grants an CDC as preyided 12 13543 9 r a rrr a �
7.11 Beauty salon, barber shop N Y
7.12 Laundry or dry cleaning N Y
Person, Business 7.13 Tailor, dressmaker, shoe repair N Y
Services
7.15 Bank, credit union &P Y
b. with drive -up window or auto - oriented branch bank —
8.11 Convenience good often bought on a daily basis such as food, candy, N Y
newspapers, tobacco products —
Food, but not that intended for consumption on the premises, includes
8.13 delicatessen or bakery, but not a takeout or fast -food service Y
Other retail goods such as books, stationery, drugs, sporting goods,
8.17 jewelry, photographic equipment and supplies, flowers, novelties, N Y
cards, footwear, and the like which are typically of a size that a —
Sales or Rental of customer can carry by hand
Goods, Equipment
8.21 Sale or rental of equipment and supplies such as office furniture, to N Y
other businesses —
8.31 Stores with less than 2,000 square feet of floor area per establishment N Y
8.32 Stores with 2,000 or more square feet of floor area per establishment N SP
All sales or rental conducted entirely within a fully enclosed building;
8.33 temporary display of products outdoors during operating hours N Y_
permitted
Sales or rental conducted in part outdoors with permanent display of
8.34 products during non - operating hours; subject to screening N SP
requirements in Article X
9.12 Fast -food or takeout service serving enough food to comprise a meal N SP
Takeout or fast -food service serving food or beverages, such as
9.13 coffee, snacks, ice cream, or donuts, but not enough to comprise a N SP
Eating, Drinking, meal
Transient
Accommodations 9.14 Caterer or other establishment preparing meals for groups of people N Y
9.16 Hotel, motel &P Y
Commercial 10.12 Indoor athletic and exercise facilities, weight reduction salon N Y
Recreation —
April 27, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont...
7. Amend § 134 -43B as follows:
Uses in Nation Flood Delete the first paragraph of subsection (4) in its entirety and replace with
Insurance District no the following:
longer need SP but still Requirements. Construction or substantial improvements within the
subject to same district are subject to the following requirements.
requirements In subsection (4)(b), delete the words "for a special permit" and delete the
words "the SPGA with ".
In the first paragraph of subsection (4)(c)[1], delete the words "SPGA shall
grant no special permit for the" between the words "as a floodway, the" and
"following encroachments" and add the words "are not permitted" between
Requirements are the the words "following encroachments" and "unless ", so as to read as follows:
same, just not a part of [ 1 ] Within those areas designated as a floodway, the following
an SP process encroachments are not permitted unless a registered
professional engineer or architect certifies that such
encroachments will not result in any increase in the flood level
during the occurrence of the one hundred -year flood discharge:
Required transition area 8• In § 135 -54C, change the depth or width of the transition area for the
reduced street line in the CM district from 50 feet to 25 feet.
9. Delete § 135 -65D in its entirety and replace with the following:
Allows off - street parking D. Off - street parking spaces required for two or more buildings, uses, or
in a common lot by right establishments on a single lot may be provided in a common lot.
Allows for the instances 10. In § 135 -66A, delete the words "Board of Appeals" and replace with the
when the Planning word "SPGA ".
Board is the SPGA
11. In § 135- 67B(2), remove the "," after CRO, CLO and establish a
separate line for the CM district with the following setbacks:
Residential District Line 50 *, Street Line 25, All other Lot lines N.R.,
Wall of a Principal Building 5.
The table will now read as follows:
Residential Street All Other Wall of a
Reduces the setback District District Line Line Lot lines Principal
for parking lots from the Building
street line from 50' to RS, RO, RT N. R. 25 5 5
25' in the CM district RD, RM N. R. 25 8 5
CRO, CLO 50* 50 10 5
CM 50* 25 N. R. 5
CRS, CS, 20* 10 N. R. 5
CB, CN
*No requirement where the residential district line is coterminous with the line
of the right -of -way now or formerly of the Boston and Maine Railroad or the
right -of -way of State Route 2 or State Route 128.
Allows for the instances 12. In § 135 -69, delete the words "Board of Appeals" and replace with the
when the Planning word "SPGA ".
Board is the SPGA
Allows for one standing 13. Add a new sentence at the end of § 135- 77A(3) as follows:
sign per lot by right in In the CM District one standing sign, not to exceed 50 square feet in
the CM District area and 5 feet in height, shall be permitted by right on each lot.
Allows for the instances 14. In § 135 -85 delete the words "the Board of Appeals, acting as" after the
when the Planning words "Article III, ".
Board is the SPGA
In the CM District 15. Amend Table 2 (Schedule of Dimensional Controls) by changing the CM
reduces setbacks, column and the footnotes as shown in the strike throughs and substitutions
allows 65' height, and below:
Far of .40 with ability to
exceed by SP
April 27, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont...
Districts RO RS & RM & RD CN CRS CS CB CLO CRO CM
RT (a)
Uses permitted in RS & RT Districts shall conform to provisions of § 135-
35B
Minimum lot area in square feet 30,000 15,500 125,000 15,500 15,500 15,500 NR 30,000 5 3 acres
acres
Minimum lot frontage in feet 150 125 100 125 125 125 20 175 300 200
Minimum front yard in feet (b), (c), (j), 30 30 50 30 30 30 NR 50 100 7-5
(k) (d)
Minimum side yard in feet (k) 15 (e) 15 (e) 40 20 20 15 NR 30 50 3025
kw
Minimum rear yard in feet (k) 15 (e) 15 (e) 40 20 20 20 10 30 50 50-25
kw
Minimum side and rear yard adjacent 15 15 40 30 30 30 30 50 100 100
to, or front yard facing a residential
district in feet (f)
Maximum floor area ratio (FAR) NR (i) NR (i) NR (i) 0.20 0.20 0.20 2.0 0.25 0.15 0-45
0.35 (h)
Maximum percentage site coverage 15% 15% 25% 20% 25% 25% NR 20% 25%
(g) (g) NR
Public and institutional buildings, 2.5 2.5 2.5 3 3 3 2 3 3 0 NR
maximum height: In stories:
Public and institutional buildings, 40 40 40 45 45 45 30 45 45 4-565
maximum height: In feet: kw
Other buildings, maximum height: In 2.5 2.5 NR 1 2 2 2 2 3 0 NR
stories
Other buildings, maximum height: In 40 40 40 15 25 25 25 30 45 4565
feet: kw
As used in the Schedule of Dimensional Controls, symbol "NR means no requirements, "s.f." means square feet, and "ft."
means linear feet.
(FOOTNOTES CONTINUED ON NEXT PAGE)
a. Development of new multifamily dwellings is not permitted in the RM District; these standards apply to RM Districts in
existence in January 1985. Minimum lot areas in RM Districts shall be 3,000 sq. ft. per dwelling unit containing one room
used for sleeping; 3,500 sq. ft. per unit with two such rooms; and 4,000 sq. ft. per unit with three or more such rooms. For RD
Districts see §135 -42C.
b. Where lawfully adopted building lines require yards in excess of these requirements, the building line shall govern.
c. The minimum front yard for any other street, which is not the frontage street (see definition), shall be 2/3 of that required for
the frontage street, except that in the case of a street laid out after January 1, 1987, or in the case of nonresidential uses
(see Table 1 li nes 1rthro 4 located in the RO, RS or RT Districts (see Table 1, lines 2.1 1 through 4.14 or for
uses located in the CM district the minimum front yard facing all streets shall be the same as that for the frontage street.
d. Except ten -foot yard on Muzzey Street, Raymond Street, Vine Brook Road and Wallis Court for lots abutting these streets.
e. For institutional uses (see Table 1, lines 2.11 through 2.19) the minimum setback for a building shall be the greater of 25 feet
or a distance equal to the height of the building as defined in §135 -39. For other nonresidential uses (see Table 1, lines 3.11
through 3.15 and 4.11 through 4.14), increase the required side yard to 20 ft. plus one ft. for every 1 /2 acre (or fraction
thereof) over 1 /2 acre lot area.
f. See Article X, Landscaping, Transition and Screening.
g. Applicable only to uses permitted by special permit.
h. Qesepted —This limit may be waived by special permit.
i. For institutional uses (see Table 1, lines 2.1 1 through 2.19), the maximum floor area ratio shall be 0.25.
j. Along the southwesterly side of Bedford Street between the Northern Circumferential Highway (Route 128) and Hartwell
Avenue there shall be a front yard of 233 feet measured from the base line of Bedford Street as shown on the
Commonwealth of Massachusetts layout 4689, date June 3, 1958, and shown as auxiliary base line "F' on the State Highway
Alteration layout 5016, dated August 30, 1960.
k. A structure in an RD Planned Residential Development must comply with minimum yard setback on perimeter of tract as
required by §135- 42C(1). In a special permit conventional subdivision, dwellings which have a gross floor area of 2,500
square feet or more are required to have a greater minimum side and rear yard; see §135 -46A.
16. Amend the first paragraph of §135 -43 by inserting "specifically
ARTICLE 45 provided otherwise in this Bylaw" at the end of the first sentence and
deleting the second sentence so that it reads as follows:
Allows specific "An overlay district is a special purpose zoning district which is
requirements of an superimposed over another zoning district so that the land contained within
overlay district to the overlay district is subject to the requirements of both the overlay district
replace those of the and the zoning district in which it is located, unless specifically provided
underlying district otherwise in the Bylaw."
Allows the creation of a 17. Add the following to the end of § 135 -43:
TMO District C. Transportation Management Overlay District
(1) Purpose. The Town may create Transportation Management Overlay
(TMO) Districts that allow greater opportunity for facilitating effective
Purpose and guiding
principles of the TMOD multi -modal transportation networks that increase the quality of life in
Lexington through improved traffic management and mitigation to that
outlined in Article XT_ (off- street Parking and T,oa.ding_ and Article XTT_
April 27, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont...
Traffic, of the Zoning Bylaw consistent with the following principles:
(a) Multimodal Consideration. To ensure that the safety and mobility of
all users of the circulation and transportation systems, including
vehicles, public transit, pedestrians and cyclist, are considered
equally;
(b) Context Sensitive Design. To incorporate, throughout project
planning, design, and construction, the overarching principles of
Context Sensitive Design, including attention to scenic, aesthetic,
historic, and environmental resources; and
(c) Clear Process. To develop and implement plans adopted through a
broad - based, clear and transparent process.
(2) District superimposed over other districts. A TMO District shall not
supersede other zoning districts, but shall be deemed to be
superimposed over these other zoning districts, except that if an
Allows election of TMO applicant elects to comply with the requirements in this section as
district requirements provided in 135- 43C(3) below, this §135-43C shall supersede §§135-71
through 73. The boundaries of TMO Districts shall be indicated on the
Town's official Zoning Map.
(3) Applicability. The provisions of this section shall apply to
developments located within a TMO District that elect to comply with
the requirements of this section, § 135-43C, instead of complying with
§§ 135-71 through 73. Notwithstanding anything set forth herein to the
Establishes an contrary, an applicant may not make such an election until a plan for the
Traffic but only after a
alternative to Article TMO District has been adopted by the Planning Board as described
a
plan for the district has below. A final certificate of occupancy shall not be issued unless or
been adopted until all provisions of § 135-43C have been satisfied, except for those
conditions that by their terms are intended to be satisfied after
occupancy of the structures for which the certificate of occupancy is
sought.
(4) Transportation Study Required.
(a) The Planning Board, after consultation with the Board of Selectmen
and an advertised public meeting, shall adopt a specific plan for
each TMO District containing the following elements:
[1] Assessment of the impacts of reasonably anticipated future
development in the TMO District considering current zoning
bylaws and other legal and physical constraints;
[2] Analysis of existing capital improvement plans or the facilities
element of a plan adopted under Massachusetts General Law, c.
41, sec. 81D;
[3] Cost projections for transportation infrastructure improvements
required to address the impacts generated by the anticipated
development in the TMO District, including the potential
Each TMO District must impact on nearby residential streets and neighborhoods;
have a mitigation plan [4] Analysis of other reasonably anticipated sources of funding
[5] Required transportation mitigation fees in accordance with a
methodology determined pursuant to this study;
[6] Off - street parking and loading requirements for the TMO
District;
[7] Parking and Transportation Demand Management techniques
reasonably calculated to reduce the number of vehicle trips
generated by developments in the TMO District and to ensure
the long term stability of the transportation system;
[8] An implementation program that defines and schedules the
specific municipal actions necessary to achieve the objectives
of the plan; and
[9] A plan to encourage voluntary participation in TDM programs
by those not required to participate.
(b) The plan shall be updated periodically to reflect actual development activity,
Plan to be updated actual costs of infrastructure improvements completed or underway, plan
changes, or amendments to the zoning bylaws.
April 27, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont...
(5) Transportation Mitigation Fee.
(a) The payment of a transportation mitigation fee is required when an
applicant elects to proceed under this section. The imposition of a
transportation mitigation fee shall not prevent the Town from
imposing fees it may otherwise impose under local bylaws.
(b) Timing of Payment. Payment of the transportation mitigation fee
shall be in cash, under terms and conditions specified in the TMO
District plan.
(c) Payment Use. Any transportation mitigation fees paid to the Town
are intended to be used to fund transportation infrastructure
improvements that are necessitated by the proposed development of
the applicant. Examples of appropriate uses include the costs related
to the provision of equipment, infrastructure, facilities, services, or
Required payment of studies associated with the following: traffic mitigation; public
mitigation fee transportation; bicycle and pedestrian accommodations or other
transportation- related improvements. Except where deficiencies are
exacerbated by the new development, in which case the fee may be
assessed only in proportion to the deficiency so exacerbated, the fee
shall not be expended for personnel costs, normal operation and
maintenance costs, or to remedy deficiencies in existing facilities.
The expenditure of the fees without Town Meeting appropriation is
prohibited.
(d) Rough Proportionality and Reasonable Benefit to Fee Payer. The
transportation mitigation fee shall be determined by the TMO
District plan described in § 135- 43C(4). The fee shall be roughly
proportionate to the impacts created by the development. The
purposes for which the fee is expended shall reasonably benefit the
proposed development.
(6) Parking and Traffic Demand Management.
(a) Submission of a Parking and Transportation Demand Management
Parking and (PTDM) plan which is consistent with the TMO District plan
Transportation Demand described in § 135- 43C(4) above is required when an applicant
Management plan elects to proceed under this section, § 135-43C. Compliance with
required the submitted PTDM plan shall be a condition of any permit
approvals.
(b) Enforcement. Compliance with the PTDM plan submitted with an
approved permit application may be enforced through § 135 -9.
(7) Special Permits. Where a development electing to proceed under this
section also requires a special permit or special permit with site plan
Special permit approval
must be conditioned to review, the SPGA shall not grant the special permit unless it imposes
include the fee and conditions, including transportation mitigation fees and parking and
PTDM measures traffic demand management requirements, to meet the goals of the
TMO District plan.
18. Add a new entry to the list of zoning districts in § 135 -2B(1) with the
symbol, "TMO" and the title "Transportation Management Overlay."
19. Amend the Zoning Map of the Town of Lexington by creating a new
ARTICLE 46 Traffic Management Overlay District (TMO -1) as shown on the map
Sets out the boundaries entitled "'Traffic Management Overlay District" dated April 22, 2009,
of the TMO District and encompassing the parcels listed in the document entitled "Parcels in
the TMO -1 District ", dated April 22, 2009.
AMENDMENT: The following resolution be adopted, in addition to any other action under the article:
RESOLVED that Town Meeting requests that, as soon as possible after the adoption by the
Planning Board of the TMO -1 District Plan, the Board of Selectmen include an article in a Town Meeting
warrant to see if the Town will adopt a resolution expressing its recommendations on the TMO -1 District
Plan to the Planning Board.
--------------- - - - --
8:06 p.m. Charles Hornig moved the Report of the Planning Board on Articles 44, 45, and
46 be accepted and placed on file. Unanimously Adopted. Mr. Hornig reported the Planning
Board in favor of the consolidated motion (4 -1).
8:33 p.m. George Burnell reported Board of Selectmen is in favor of the motion.
April 27, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont...
8:38 p.m. Larry Smith, Chamber of Commerce, spoke in support.
8:42 p.m. Sheryl Mahoney, Vice - Chair, Economic Development Advisory Committee,
reported unanimous support of Articles 44 -45 -446.
8:44 p.m. Nyles Barnert, pr.4, Board of Appeals Chairman, spoke in support.
8:48 p.m. Alan Levine reported unanimous support of the Appropriation committee.
8:50 p.m. Anthony Galaitsis, pr.6, reported his minority position in opposition as a member
of the Planning Board.
8:59 p.m. Members spoke in favor and opposition, questioning scenarios for implementation
and process, change in power, created by these articles for future approval, to
which Mr. Hornig and Town Counsel Kevin Batt responded.
9:25 p.m. Wood Street resident Richard Thuma spoke in support, and Westview Street
resident Evelyn Dickson spoke in opposition to article 44.
9:33 p.m. Edith Sandy, pr.6, moved the motion be amended:
AMENDMENT: That the following resolution be adopted, in addition to any other
action under the article:
RESOLVED that Town Meeting requests that, as soon as possible after
the adoption by the Planning Board of the TMO -1 District Plan, the Board of
Selectmen include an article in a Town Meeting warrant to see if the Town will
adopt a resolution expressing its recommendations on the TMO -1 District Plan to
the Planning Board.
Ms. Sandy explained requested action in the Amendment.
Charles Hornig reported support of the Planning Board for the Amendment.
Selectman Norman Cohen reported no objection of the Board of Selectmen to the
nonbinding resolution.
9:38 p.m. Members and residents questioned traffic plan design procedures and procedures
for voting the full motion under the three articles, to which Ms. Sandy and
Moderator Deborah Brown responded.
9:94 p.m. Scott Burson, pr.4, called the question on the Amendment. Motion Adopted.
9:43 p.m. Amendment Adopted.
9:44 p.m. Chamber of Commerce Executive Director Mary Jo Bohart spoke in support.
Planning Board Chairman Charles Hornig responded to questions regarding
possible building scenarios and traffic mitigation efforts.
9:55 p.m. Members spoke in favor and in opposition.
10:13 p.m. Robert Whitman, pr.3, called the question. Adopted.
10:13 p.m. Charles Hornig summarized.
10:14 p.m. Following a voice vote the Moderator declared a standing vote to be in order,
tallied as follows:
PCT YES NO
1 14 5
2 11 6
3 14 3
4 16 4
5 12 5
6 14 5
7 17 0
8 16 0
9 15 2
At Large 8 1
TOTAL 137 31
Adopted as amended by a vote of 137 in the affirmative and 31 in the negative, more than the
necessary two - thirds.
10:20 p.m. Charles Lamb, p. 4, served notice of reconsideration on Articles 44- 45 -46
10:20 p.m. Presented by Selectman Jeanne Krieger.
ARTICLE 9: APPROPRIATE FOR PLANNING BOARD CONSULTING SERVICES
MOTION: That the Town appropriate $100,000 for consulting services for the Planning
Board, and that to meet this appropriation $100,000 be raised in the tax levy.
10:20 p.m. Jeanne Krieger reported unanimous support of the Board of Selectmen.
10:22 p.m. Charles Hornig moved the Report of the Planning Board on Article 9
be accepted and placed on file. Unanimously Adopted.
Mr. Hornig reported the support of Planning Board and responded to questions.
Alan Levine reported the unanimous support of Appropriation Committee.
10:25 p.m. Motion Adopted.
10:26 p.m. Alan Levine, p. 8, served notice of reconsideration on Article 9.
10:26 p.m. Norman Cohen moved the meeting be adjourned until 7:30 p.m., Monday,
May 4, 2009 at Cary Memorial Hall. Motion Not Adopted.
April 27, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont...
10:28 p.m. Presented by Planning Board Chairman Charles Hornig.
ARTICLE 47: AMEND ZOING BY -LAW — TECHNICAL CORRECTIONS
MOTION: That the Zoning By -Laws of the Town be amended as set forth in
the motion attached to the report of the Planning Board on this article, and further
that nonsubstantive changes to the numbering of this bylaw be permitted in order
that it be in compliance with the numbering format of the Code of Lexington.
TEXT FROM PLANNING BOARD REPORT on Article 47:
MOTION: Amend the Zoning Bylaw as follows:
Proposed
Reference Existing Redlined (Comments are in italics and
are not part of the proposed
changes)
§135 -913 The Town of Lexington's The Town of Lexington's The Town of Lexington's
pp. 135:148 Design Advisory Committee Design Advisory Committee Design Advisory Committee
shall review an applicant's shall review an applicant's shall review an applicant's
site plan and make site plan and make site plan and make
recommendations to the recommendations to the recommendations to the
Director of Inspectional Building Commissioner or
Services. Se %es the Building designee.
Commissioner or designee (Removes outdated
reference
§135 -91.0 Review by the Cable Review by theme Review by the
pp. 135:148 - Television and Television and Communications Advisory
135:149 Communications Advisory Communications Advisory Committee. The Board of
Committee. The Board of Committee. The Board of Selectmen's Communications
Selectmen's Cable Television Selectmen's Cable Television Advisory Committee shall
and Communications aA-Communications review an applicant's
Advisory Committee shall Advisory Committee shall application and make
review an applicant's review an applicant's recommendations to the
application and make application and make Building Commissioner or
recommendations to the recommendations to the designee for by right permit
Director of Inspectional Diron +or of Inspectional applications and to the SPGA
Services for by right permit SeNiGes. Buildinq for special permits. The
applications and to the SPGA Commissioner or designee Cable Television and
for special permits. The for by right permit Communications Advisory
Cable Television and applications and to the SPGA Committee will make
Communications Advisory for special permits. The comment as to the
Committee will make Cable Te.eyocion an d application's adherence to
comment as to the Communications Advisory the provisions of this Article
application's adherence to Committee will make Xv.
the provisions of this Article comment as to the (Removes outdated
Xv. application's adherence to references)
the provisions of this Article
Xv.
§135- 12B(2(h) That open space on the site, That open space on the site, That open space on the site,
p. 135:35 particularly such common particularly such common particularly such common
open space and usable open open space and usable open open space as may be
space as may be required by space as may be required by required by this bylaw, is
this bylaw, is located and this bylaw, is located and located and designed so as
designed so as to increase designed so as to increase to increase the visual
the visual amenities for the the visual amenities for the amenities for the surrounding
surrounding area as well as surrounding area as well as area as well as for the
for the occupants of the for the occupants of the occupants of the
development; development; development;
(The requirement for usable
open space was removed in
2008.)
§135- 14A(2)(e)[5] The boundaries of any The boundaries of any The boundaries of any
p. 135:43 common open space or common open spaces common open space;
usable open space; u sable open sn,^° (The requirement for usable
open space was removed in
2008.)
§135- 14A(2)(f)[4] The location and The location and The location and
p. 135:43 characteristics of any characteristics of any characteristics of any
common open space or common open spaces common open space;
usable open space; u sable open sn,^° (The requirement for usable
open space was removed in
2008.
Common or usable open Common or usable open Common open space, if any;
§135- 14A(2)(g)[3] space, if any; space, if any; (The requirement for usable
p. 135:44 open space was removed in
2008.
§135 -21 B(2)(e) There shall be provided at There shall be provided at There shall be provided at
p. 135:67 least 150 square feet of least 150 square feet of least 150 square feet of open
usable open space, as usable open space, as space for each resident.
described in §135 -46E, for deSCribed in §135-46E for (The entire §135 -46E and the
each resident. each resident. requirement for usable open
space were removed in
2008.)
April 27, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont...
10:28 p.m. Charles Hornig moved the report of the Planning Board on Article 47
be accepted and placed on file. Adopted. Mr. Hornig reported.
10:28 p.m. Selectman Jeanne Krieger reported unanimous support of the Board of Selectmen.
10:29 p.m. Unanimously Adopted.
10:29 p.m. Norman Cohen moved the meeting be adjourned until 7:30 p.m., Monday,
May 4, 2009, Cary Memorial Hall. Motion Unanimously Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
------------------------------------------------
May 4, 2009 Adjourned Session of the 2009 Annual Town Meeting
The ninth session of the 2009 Annual Town Meeting was called to order by Moderator Deborah
J. Brown at 7:30 p.m., May 4, 2009, Cary Memorial Hall; a quorum of 176 present.
7:33 p.m. The Moderator declared a moment of silence in honor of former town meeting
members Everett Fowle and Jason Woodward who recently passed away.
7:36 p.m. The Moderator declared a brief recess for an update from Health Director
Gerard Cody on the Swine Flu /H 1N 1 flu pandemic.
7:46 p.m.
ARTICLE 2: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
7:46 p.m. Elaine Dratch moved the Revised Report of the Transportation Advisory
Committee be accepted and placed on file. Adopted.
Sheryl Mahoney moved the Report of the Economic Development Advisory
Committee be accepted and placed on file. Adopted.
7:55 p.m. Selectman Jeanne Krieger moved Article 49 be taken up at this time,
followed by Articles 48, 25, 30 and 31 in that order. Unanimously Adopted.
7:58 p.m. Presented by Edmund Grant, pr.6.
ARTICLE 49: AMEND ZONING BY -LAW — CRO AND RO TO CD,
95 -99 HAYDEN AVENUE, 124 -128 SPRING STREET (OWNERS' PETITION)
MOTION: That the Zoning Bylaw Chapter 135 of the Code of Lexington be amended by
changing the zoning designation of the land described in the Article from the current
CRO Regional Office District and RO One Family Dwelling District to CD Planned
Commercial District.
The boundaries of the CD Planned Commercial District shall be as set forth in the Petition for
Change of Zoning District and Approval of Preliminary Site Development and Use Plan
( PSDUP), as contained in Appendix 9 of the PSDUP, dated December 22, 2008.
The land in the CD Planned Commercial District shall be subject to the PSDUP dated
December 22, 2008.
AMENDMENT: That the main motion be amended so that the land in the CD Planned
Commercial District shall be subject to the revised and resubmitted PSDUP dated April 17,
2009, as referenced in my letters dated April 22 and April 23, 2009, on file with the Planning
Board and the Town Clerk, all in accordance with the provisions of the Zoning Bylaw Chapter
135 of the Code of the Town of Lexington. (Adopted Unanimously)
SUBSIDIARY MOTION: I move that the minority views of Planning Board Members
Richard Canale and Anthony Galaitsis be accepted and placed on file. (Adopted)
WARRANT ARTICLE TEXT. To request the Town to amend the Code of the Town of Lexington, Zoning
By -Law sections and the Zoning Map of the Town of Lexington, by changing the zoning district designation of the
land described in a certain written metes and bounds description (Appendix 9) on file with the Planning Board, from
the current CRO Regional Office District and RO One Family Dwelling District to a CD Planned Commercial District
with certain specified uses (pursuant to the provisions of Town of Lexington Code §135 -42), said property being
commonly known and numbered as 95 -99 Hayden Avenue and 124 -128 Spring Street to allow construction of a new
building for office and laboratory uses and to act in any other manner relative thereto.
May 4, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont...
7:58 p.m. Mr. Grant recused himself from the vote on Article 49 and offered the Amendment to
the main motion. Adopted Unanimously.
8:00 P.M. Peter Nichols, Beal Company, reviewed requested action.
8:35 p.m. Charles Hornig moved report of the Planning Board on Article 49 be accepted and
placed on file. Motion Adopted. Mr. Hornig reported the Planning Board recommends approval
with the conditions listed in the report and agreed to by the applicant.
8:41 p.m. Alan Levine reported the unanimous support of Appropriation Committee (9 -0).
8:45 p.m. Jeanne Krieger reported unanimous support of the Board of Selectmen.
8:48 p.m. John McWeeney, Economic Development Advisory Committee, spoke in favor.
8:52 p.m. Richard Canale, Planning Board, spoke in opposition and reported minority views
of the Planning Board.
8:59 p.m. Edith Sandy, pr.6. moved subsidiary motion under Article 49:
SUBSIDIARY MOTION: I move that the minority views of Planning Board
members Richard Canale and Anthony Galaitsis be accepted and placed on file.
Subsidiary Motion Adopted.
Members and citizens spoke in support and opposition.
9:47 p.m. David Burns, pr.5, called the question. The Moderator called for a standing vote,
tallied as follows:
PCT YES NO
1 14 7
2 13 5
3 7 9
4 3 17
5 10 6
6 10 10
7 6 9
8 13 3
9 8 8
At Large 7 6
TOTAL 91 80
9:47 p.m. With a vote of 91 in favor and 80 opposed the Moderator declared
the question now put.
9:51 p.m. Ed Grant summarized. The Moderator called for a standing vote, tallied as
follows:
PCT YES NO
1 17 2
2 16 3
3 9 8
4 12 8
5 14 3
6 16 4
7 13 3
8 14 2
9 15 1
At Large 13 1
TOTAL 139 35
9:59 p.m. With a vote of 139 in favor and 35 opposed, the Moderator declared.
with more than the required two - thirds vote, the Motion Adopted.
9:59 p.m. Patrick Mehr, pr.3, served notice of reconsideration of Article 49.
10:00 P.M. Presented by Dawn McKenna, pr.6.
ARTICLE 48: AMEND ZONING BY -LAW — FINANCIAL SUPPORT FOR
TRANSPORTATION (CITIZENS' PETITION)
MOTION: That the Zoning By -Law of the Town of Lexington be amended to add a new
Section 135 -73.1 that states:
In addition to other traffic mitigation specified in the by -law, for each development defined in
subsection A, a traffic mitigation fee shall be calculated and assessed at the time a building
permit is issued, and paid at the time specified in subsection D, to support the annual operating
costs of trip reduction as follows:
A. This section shall apply to the erection of a new building or the enlargement or renovation of
an existing building with the result that there are 10,000 square feet or more of gross floor
area on the lot, including any existing floor area or there are 50 or more dwelling units, or
their equivalent, in a development, including any existing dwelling units.
B. Maintenance of a town transportation system is one component of Traffic Demand
Management which helps to ensure adequate traffic capacity.
May 4, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont...
C. The definition of a town transportation system shall mean a multi -route bus system; or other
means of transportation which directly services the site as determined by the Selectmen with
advice from the Transportation Advisory Committee and allows single- occupant automobile
drivers to use alternate transportation.
D. As a condition of the granting of a building permit, in addition to various actions and
programs considered to meet the goal of reducing single- occupant automobile trips made to
a development, particularly during peak traffic hours, the applicant shall pay a portion of the
costs of providing a town transportation system to the development by choosing either an
annual payment option or a lump sum payment option which shall be calculated as follows:
(1) Annual fee for non - residential development: shall be the total of $0.05 per gross
square foot of any new construction, plus $15 per surface parking space being
added to the site, and shall be adjusted annually by the Consumer Price Index as
published by the Bureau of Labor Statistics, U.S. Department of Labor or a similar
index if it ceases to exist ( "CPI "). If a special permit is required, such fee shall be
paid each year that the special permit is in place. In the event no special permit is
required, the annual fee shall be paid for 50 years, beginning upon the issuance of
the Certificate of Occupancy; or
(2) Annual fee for residential development: shall be the total of $0.05 per gross
square foot of any new construction, and shall be adjusted annually by the
Consumer Price Index as published by the Bureau of Labor Statistics, U.S.
Department of Labor or a similar index if it ceases to exist ( "CPI "). If a special
permit is required, a fee shall be paid each year that the special permit is in place.
In the event no special permit is required the annual fee shall be made for 50 years
and will be due upon the issuance of the Certificate of Occupancy; or
(3) As an alternative to option (1) or (2), the applicant may opt for a one -time fee. The
amount due shall be calculated by determining the present day value of the annual
payment as defined in section (1) or (2) as applicable, assuming a 50 year
payment timeframe with an annual fee escalation that is an average of the previous
10 year CPI and a discount rate of 5 %. If the lump sum option is selected 50% of
said sum would be due upon the issuance of the building permit and 50% will be
due upon the issuance of the Certificate of Occupancy.
10:00 p.m. Dawn McKenna presented proposed action.
10:27 p.m. Charles Hornig moved the Report of the Planning Board under Article 48 be
accepted and placed on file. Motion Adopted. Mr. Hornig reported the opposition
of the Planning Board to Article 48.
10:36 p.m. Pam Hoffman reported 9 -0 opposition of Appropriation Committee.
10:36 p.m. Selectman Peter Kelley reported unanimous opposition of Board of Selectmen.
10:37 p.m. Sally Castleman reported unanimous support of Transportation Advisory
Committee.
10:39 p.m. Members and residents spoke in support and opposition.
10:50 p.m. The Moderator called for a standin g vote, tallied as follows:
PCT YES NO
1 4 10
2 0 13
3 2 13
4 1 14
5 8 7
6 3 17
7 3 12
8 1 12
9 1 10
At Large 1 12
TOTAL 24 120
With 24 having voted in the affirmative and 120 in the negative, Motion Not Adopted.
10:50 p.m. Dawn McKenna, pr.6, served notice of reconsideration of Article 48.
10:57 p.m. Norman Cohen moved the meeting be adjourned until 7:35 p.m., Wednesday, May
6, 2009, Cary Memorial Hall. Motion Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk
May 6, 2009 Adjourned Session of the 2009 Annual Town Meeting
The tenth session of the 2009 Annual Town Meeting was called to order by Moderator Deborah
J. Brown at 7:35 p.m., May 6, 2009, Cary Memorial Hall; a quorum of 146 present.
Dawn McKenna, pr.6, announced her intent to move reconsideration of Article 48.
7:40 p.m. Presented by Selectman Jeanne Krieger.
ARTICLE 25:ESTABLISH AND APPROPRIATE TO SPECIFIED STABILIZATION FUNDS
MOTION:
a) That a Center Improvement District Stabilization Fund, to fund needed improvements
in Lexington Center, be created in accordance with M.G.L. Chapter 40,
Section 5B, and
b) That appropriations to the following stabilization funds be made from the sources and
in the amounts specified:
1) $350,000 be appropriated to the Special Education Stabilization Fund, and to
meet this appropriation $350,000 be raised from general fund unreserved fund
balance,
2) $20,000 be appropriated to the Traffic Mitigation Stabilization Fund, and to
meet this appropriation $20,000 be transferred from the TDM Avalon Bay special
revenue account.
3) $65,049 be appropriated to the Transportation Demand Management/Public
Transportation Stabilization Fund, and to meet this appropriation $65,049 be
transferred from the Lexpress TDM special revenue account.
4) $100,000 be appropriated to the Center Improvement District Stabilization
Fund and to meet this appropriation $100,000 be transferred from the Center
Improvement District special revenue account.
7:40 p.m. Jeanne Krieger reported unanimous support of Board of Selectmen.
7:42 p.m. John Bartenstein reported unanimous support of Appropriation Committee.
Margaret Coppe reported unanimous support of School Committee.
Charles Hornig reported support of Planning Board.
7:42 p.m. Jeanne Krieger responded to questions on Avalon Bay revenue account.
7:45 p.m. Unanimously Adopted.
7:46 p.m. Alan Levine served notice of reconsideration of Article 25.
7:46 p.m. Presented by Selectman George Burnell.
ARTICLE 30: AMEND FY2009 OPERATING BUDGET
MOTION: That the following amounts be appropriated to the following line items for
the current fiscal year's budget as approved under Article 4 of the 2008 Annual Town Meeting
and subsequently amended under Article 3 of the 2008 Special Town Meeting, and that said
amounts be transferred from the following sources:
Line
Item Description From To
3100 -3500 DPW Personal Services $ 3 $ 3
3100 -3500 DPW Expenses $ 4 $ 4
2130 Health Insurance $ 22,140,749 $ 21,685,574
2140 Unemployment $ 100,000 $ 130,000
8210 -8220 Town Manager's $ 199 $ 239,750
Expenses
2230 Debt Service - Temporary $ 243,818 $ 203,818
Borrowin
and, further that $200,000 be appropriated from the General Fund Unreserved Fund
Balance.
7:47 p.m. Town Manager Carl Valente reviewed request.
Alan Levine reported unanimous support of Appropriation Committee.
7:51 p.m. Town Manager Carl Valente responded to health insurance questions.
7:53 p.m. Unanimously Adopted.
Alan Levine served notice of reconsideration of Article 30. [8:22 p.m.]
May 6, 2009 Adjourned Session of the 2009 Annual Town Meeting, cont..
7:54 p.m. Presented by Selectman George Burnell.
ARTICLE 31: APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS
MOTION: That in addition to the $550,000 previously appropriated under Article
31(a) of the 2007 Annual Town Meeting, $150,000 be appropriated for the construction
of a subsurface slurry wall at Lincoln Field for methane mitigation, and that to meet this
appropriation $150,000 be transferred from the unexpended balance appropriated under
Article 8(i) of the 2003 Annual Town Meeting.
7:54 p.m. George Burnell reported support of a majority of Board of Selectmen.
David Kanter reported unanimous support of Capital Expenditures Committee.
Susan McLeish reported [9 -0] support of Appropriation Committee.
7:56 p.m. Members questioned current balances and status of bathhouse construction, to which
Selectman Peter Kelley and Public Works Director William Hadley responded.
8:00 P.M. Selectman Peter Kelley spoke in opposition to Article 31.
Members continued questioning on methane gas procedures and need to undertake mitigation action, to
which Selectmen Hank Manz, George Burnell, Town Manager Carl Valente, and Town Counsel Kevin
Batt commented.
8:31 p.m. John Bartenstein, pr. 1, called the question. Motion Adopted.
8:35 p.m. The Moderator called for a standing vote, tallied as follows:
PCT YES NO
1 11 5
2 6 4
3 5 7
4 16 1
5 8 5
6 10 7
7 7 4
8 10 4
9 7 4
At Large 1 14 1 2
TOTAL 1 94 1 43
With 94 in the affirmative and 43 in the negative, Motion Declared Adopted.
8:35 p.m. Charles Lamb served notice of reconsideration ofArticle 31.
8:36 p.m. Dawn McKenna, pr.6, moved Reconsideration of Article 48 and explained
her reasons to support Reconsideration of Article 48.
8:39 p.m. Motion for Reconsideration of Article 48 Not Adopted.
8:40 p.m. Selectman Norman Cohen commended Deborah Brown for her first Town
Meeting as Moderator. Town Meeting showed its appreciation with thunderous
applause.
8:40 p.m. Norman Cohen moved the 2009 Annual Town Meeting be Dissolved.
Unanimously Adopted.
A true copy.
Attest:
Donna M. Hooper, Town Clerk