HomeMy WebLinkAbout2009-05-06-STM-min 2009 Special Town Meeting
May 6,2009
(See Warrant File for Warrant)
The first session of the May 6,2009 Special Town Meeting was called to order by Moderator
Deborah J. Brown at 7:30 p.m.,Wednesday,May 6,2009,Cary Memorial Hall;a quorum of
146 present.
7:39 p.m. Selectman Norman Cohen moved the Special Town Meeting be adjourned until
after the finish of business for the Annual Town Meeting. Motion Unanimously Adopted.
8:41 p.m. The Moderator called the meeting into session and immediately called a recess for
the Community Preservation Committee to caucus.
8:54 p.m. The Moderator called the meeting back to order and Town Clerk Donna Hooper
read the Warrant for the meeting until waived. The Town Clerk read the
Constable's Return of the Warrant.
ARTICLE 1: REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
8:56 p.m. Charles Lamb moved the Supplemental Report of the Capital Expenditures
Committee to the 2009 Special Town Meeting be accepted and placed on file.
Unanimously Adopted.
9:03 p.m. Alan Levine moved the Report of the Appropriation Committee to the Special Town
Meeting be accepted and placed on file. Unanimously Adopted.
9:06 p.m. Selectman Norman Cohen moved to take up Article 2 on Monday,May 11,2009.
Unanimously Adopted.
9:06 p.m. Presented by Andrew Friedlich.
ARTICLE 3: PETITION FOR CHANGE OF ZONING DISTRICT
12-18 AND 24 HARTWELL AVENUE
MOTION: That the Code of the Town of Lexington,the Zoning By-
o Law sections, and the Zoning Map of the Town of Lexington, be amended to
c7 change the zoning district designations for the two properties described herein
from CRO, Regional Office District, and CRO/CM, Regional Office District and
Commercial Manufacturing District,to the CM District:
tY 1. 12-18 Hartwell Avenue: CRO Zoning District to CM Zoning District; and
a ", 2. 24 Hartwell Avenue: CRO Zoning District and CM Zoning District to CM
t a Zoning District;
a o each more specifically described in the metes and bounds legal descriptions on
Q ° file with the Board of Selectmen and Town Clerk.
9:06 p.m. John Farrington spoke on behalf of the property owners.
9:11 p.m. Charles Hornig moved the Report of the Planning Board under Article 3 be
accepted and placed on file. Motion Adopted.
Mr.Hornig reported the support of the Planning Board.
9:12 p.m. Selectman George Burnell reported unanimous support of Board of Selectmen.
9:13 p.m. Mary Jo Bohart,Executive Director,reported unanimous support of
Chamber of Commerce.
9:15 p.m. Charles Hornig responded to traffic demand management district questions.
9:16 p.m. Motion Declared Unanimously Adopted.
9:16 p.m. Presented by Selectman Hank Manz.
ARTICLE 4: APPROPRIATE FOR CLARKE SCHOOL SPRINKLER SYSTEM
MOTION: That the Town appropriate$85,000 to make improvements to the
sprinkler system in the Clarke Middle School, and that to meet this appropriation
$85,000 be raised from the general fund unreserved fund balance.
9:18 p.m. David Kanter reported unanimous support of Capital Expenditures Committee.
Mollie Garber reported unanimous support of Appropriation Committee.
9:18 p.m. Unanimously Adopted.
9:18 p.m. Charles Lamb served notice of reconsideration of Article 4.
9:19 p.m. Presented by Selectman Norman Cohen.
ARTICLE 5: MUNROE SCHOOL DISPOSITION
MOTION: That this article be indefinitely postponed.
9:19 p.m. Norman Cohen reviewed justification for indefinite postponement.
9:23 p.m. David Kanter reported unanimous support of Capital Expenditures Committee.
9:24 p.m. Norman Cohen responded to questions on the status of rental payments and rental
negotiations. Norman Cohen and Town Counsel Kevin Batt responded to additional questions
on indefinite postponement and impact for future action,alternatives to sale of building,and
alternative use of the building.
Special Town Meeting ofMay 6, 2009, cont....
9:30 p.m. Members spoke in support and opposition.
Thomas Griffiths,pr7,announced as a member of the Munroe Center for the Arts Board
he would recuse himself from voting.
9:42 p.m. Robert Whitman,pr.3,moved the question.The Moderator called for a standing
vote,tallied as follows:
Precinct Yes No
1 10 6
2 6 2
3 8 4
4 14 2
5 5 9
6 11 6
7 5 5
8 11 2
9 9 3
AL 10 7
TOTAL 89 46
9:45 p.m. With 89 having voted in the affirmative and 46 in the negative,
motion to move the question Adopted.
9:47 p.m. Peter Kelley offered closing comments.
9:49 p.m. Vote on Indefinite Postponement of Article 5 Adopted.
9:49 p.m. Presented by Selectman Norman Cohen.
ARTICLE 6: LAND PURCHASE—OFF LOWELL STREET
MOTION: That: (a)the Selectmen be authorized to purchase or otherwise
acquire, or to take by eminent domain, for recreation, and/or affordable housing, and/or
open space purposes any fee, easement or other interest in all or any part of land shown
as lots 38, 40A and 43 on Assessor's Property Map 20 on such terms and conditions as
the Selectmen may determine;that the sum of$4,197,000 be appropriated for such land
acquisition, and that to raise such amount,the Treasurer,with the approval of the Board
of Selectmen, is authorized to borrow$4,197,000 under M.G.L. Chapter 44, Section 7
(3), as amended, or under M.G.L. Chapter 44B, as amended, or any other enabling
authority; (b)$98,000 be appropriated from the Undesignated Fund Balance of the
Community Preservation Fund for debt service and related borrowing costs of the
Community Preservation Fund for fiscal year 2010; and(c)the Board of Selectmen be
authorized to lease to the seller all or any part of such land for farming purposes for a
period not to exceed three years on such terms as the Board of Selectmen shall
determine, as part of the consideration for the acquisition.
9:49 p.m. Betsey Weiss moved the Report of the Community Preservation Committee on
Articles 6&7 be accepted and placed on file. Unanimously Adopted.
Ms. Weiss reported the unanimous support of the Committee on Articles 6&7,
with 7-1 in support of financing and covering interest costs.
9:52 p.m. Town Manager Carl Valente presented request.
Shirley Stolz reported support of Capital Expenditures Committee.
Mollie Garberg reported support of Appropriation Committee.
Peter Kelley reported unanimous support of Board of Selectmen.
Charles Hornig reported support of Planning Board.
10:00 p.m. Peter Kelley responded to questions on possible property contamination.
10:03 p.m. Neighbors at 60 Lowell Street spoke in support and questioned use options.
10:06 p.m. Members questioned minority vote of Appropriation Committee,to which
Richard Eurich explained insufficient time was available to review full information.
Selectman Norman Cohen responded to some of Mr.Eurich's comments.
Members and neighbors continued to speak in support,questioned tax rollback and likely
Community Preservation funding from the Commonwealth.
10:30 p.m. John Bartenstein,pr.1,explained intent to offer a Resolution,and moved:
RESOLUTION: AND IT IS FURTHER RESOLVED: That the Board of Selectmen form
an ad hoc Busa Farm Land Use Committee, made up of five to seven disinterested
residents of the Town,to conduct a master planning process for the Busa Farm land that
includes public meetings and the solicitation of public input, and to make a
recommendation to the next Annual Town Meeting on the use or mix of uses of the land
that will best serve the interests of the town. A"disinterested resident"shall mean a
person who is not a member of any board, committee, Town department or organization
that is advocating for a particular use of land. The ultimate determination of the use of
the land and approval of a master plan shall be made by Town Meeting.
Special Town Meeting ofMay 6, 2009, cont....
10:37 p.m. Mr.Bartenstein explained Resolution.
Motion to extend Mr.Bartenstein's time 3 minutes Adopted.
10:37 p.m. Mollie Garberg reported unanimous support of Appropriation Committee.
Selectman Peter Kelley reported unanimous opposition of Board of Selectmen.
David Kanter reported support of Capital Expenditures Committee.
Betsey Weiss reported unanimous opposition of Community Preservation
Committee to Bartenstein Resolution.
10:41 p.m. Charles Hornig reported Planning Board's opposition to Resolution.
Members spoke in support and opposition to Resolution,questioned wording and
if division is possible.
10:56 p.m. Ephraim Weiss,pr.5,moved to lay on table the main motion on Article 6.
Motion Not Adopted.
10:58 p.m. Following a question on the existence of a quorum,the Moderator called for a
count of members,and confirmed with a count of 129 members the existence of a quorum.
11:01 p.m. John Bartenstein agreed to separate his motion from the main motion.
11:02 p.m. The Moderator declared a recess.
11:05 p.m. The Moderator declared the meeting back in session.
John Bartenstein moved to withdraw his Resolution. Motion Adopted.
11:06 p.m. Richard Michelson,pr.8,moved the question. Motion Adopted.
11:06 p.m. Main Motion Declared Adopted by more than the necessary two-thirds vote.
11:08 p.m. Charles Lamb served notice of reconsideration of Article 6.
11:09 p.m. Selectman Norman Cohen moved the meeting be adjourned until 7:30 p.m.,
Monday,May 11,2009,Cary Memorial Hall. Motion Adopted.
A true copy,
Attest:
Donna M.Hooper,Town Clerk
May 11,2009 Adjourned Session of the May 6,2009 Special Town Meeting
The second session of the May 2009 Special Town Meeting was called to order by Moderator
Deborah J. Brown at 7:30 p.m.,Monday,May 11,2009,Cary Memorial Hall;a quorum of 157
present.
7:33 p.m. Presented by Dawn McKenna,pr.6.
ARTICLE 2: AMENDMENT TO PRELIMINARY SITE DEVELOPMENT AND USE PLAN,
125, 131 AND 141 SPRING STREET
MOTION: That the Preliminary Site Development and Use Plan adopted as part of
the CD Planned Commercial District at the May 2004 Town Meeting for the property
known as"Lexington Technology Park"be amended.
The land in said CD Planned Commercial District shall be subject to the Amended
Preliminary Site Development and Use Plan (PSDUP)originally filed on March 6, 2009.
MOTION TO REFER ARTICLE 2:
MOTION: That Article 2 be referred to the Planning Board and the Board of
Selectmen to further review and to report back to the next annual or special town
meeting.
7:35 p.m. Steven Rice,Patriot Partners,explained requested referral.
[Edmund Grant on record that he will be recusing himself from voting]
7:38 p.m. Charles Hornig reported no objection from the Planning Board members present.
Jeanne Krieger reported the unanimous support of the Board of Selectmen in this
taking no action and withdrawal without prejudice.
Steven Rice responded to questions regarding reason for delay,explaining that
Patriot Partners is prepared to meet to assess needs.
May 11, 2009 Adjourned Session of the May 6, 2009 Special Town Meeting, cont...
7:42 p.m. Patrick Mehr,pr.3,moved the following amendment:
AMENDMENT: I, Patrick Mehr, Town Meeting member from Precinct 3, move to amend
the present motion by replacing the words"further review...or special town meeting"with
the words: "further review, including a comprehensive peer-reviewed traffic study with
recommended mitigation methods and cost estimates for the area impacted in a manner
substantially similar to§135-43 C. (4)of Lexington's Zoning Bylaws, and to report back
to a future town meeting."
7:45 p.m. Charles Hornig reported current Planning Board bylaws are adequate.
Alan Levine reported unanimous opposition of Appropriation Committee.
Jeanne Krieger reported unanimous opposition of Board of Selectmen.
Members spoke in opposition,with residents at 28 Spring Street speaking on Spring Street traffic
problems.
7:50 p.m. Mehr Amendment Not Adopted.
7:51 p.m. Main Motion and Subsidiary Motion Adopted.
7:51 p.m. Presented by Selectman Jeanne Krieger.
ARTICLE 7: APPROPRIATE FOR COMMUNITY PRESERVATION COMMITTEE
ADMINISTRATIVE EXPENSES
MOTION: That$25,000 be appropriated to meet the administrative expenses and all
other necessary proper expenses of the Community Preservation committee for FY2009
as approved under Article 9(r)of the 2008 Annual Town Meeting and that to meet this
appropriation$25,000 be appropriated from the undesignated fund balance of the
Community Preservation Fund.
7:51 p.m. Jeanne Krieger reported unanimous support of the Board of Selectmen
7:53 p.m. Betsey Weiss,Community Preservation Committee Chairperson,spoke
on the need for the funding and support of the Committee.
7:55 p.m. Eric Michelson reported unanimous support of Appropriation Committee.
Charles Lamb reported unanimous support of Capital Expenditures Committee.
7:56 p.m. Motion Adopted.
7:56 p.m. Presented by Selectman Norman Cohen.
ARTICLE 8: AMEND FY 2009 ENTERPRISE BUDGETS
MOTION: That this article be indefinitely postponed.
7:56 p.m. Unanimously Adopted.
7:56 p.m. Presented by Andrew Friedlich,pr.5.
ARTICLE 9: RESOLUTION RELATING TO THE DEVELOPMENT AND USE
CHANGE AT HANSCOM FIELD
MOTION: That the Town adopt the following resolution:
Whereas in 1997 the Towns of Lexington, Concord, Bedford and Lincoln approved articles
related to the future use and development of Hanscom Field by the Massachusetts Port
Authority with the goals:
1. To protect the national historical and cultural heritage of this area, recognizing that our
towns are the nation's birthplace and as such have a unique and higher responsibility in
addition to the normal municipal and commercial interests and claims.
2. To protect the character and quality of life of Lexington (and the other towns adjacent to
Hanscom Field).
3. To prevent the increased noise, ground traffic and environmental pollution that would
result from land development, the expansion of air traffic at Hanscom Field or changes
in the character and use of the airport.
4. To protect our town and our residents from any significant financial costs or loss of
economic opportunity caused by land development or aviation operations at Hanscom
Field.
5. To ensure that Lexington is recognized as a town that is affected by any land
development at Hanscom Field, no matter in which community that development takes
place, and is thus subject to the land use policy statement of Massport's Master Plan for
Hanscom Field.
6. To work diligently to mitigate the impact of existing Hanscom related noise and ground
traffic conditions in our area.
7. To negotiate a binding agreement with Massport which would ensure full and equal
participation by the town(s)in any and all decisions that could result in aviation or other
expansion, development, or changes in the character or use of Hanscom Field.
Be it resolved that the Lexington Town meeting reaffirm these goals as originally approved
in 1997 and,
May 11, 2009 Adjourned Session of the May 6, 2009 Special Town Meeting, cont...
Whereas Massport's current proposals include:
1. Developing the East Ramp,which would add 400,000 square feet(the equivalent of
eight football fields)of hanger space that could accommodate very large jets as well as
corporate jets named in the environmental review.
2. Demolishing historic Hanger 24 to make way for a huge new FBO(jet servicing facility)
and above ground fuel tank.
3. Cutting 410 trees in Bedford's Jordan Conservation area to enhance the use of the
short runway for larger planes.
4. Using some$10 million of federal stimulus funds(administered through the FAA)to
rehab certain taxiways, specifically for enhancing the airport for corporate jets.
As major infrastructure changes which will alter the character of Hanscom Field and,
Whereas flight operations at Hanscom Field have declined for the last six years making
the need for such proposals questionable and will encourage the most environmentally
unsound mode of transportation since corporate jets emit more carbon dioxide per
passenger mile than any other form of transportation and cannot be considered part of
any long term solution for curbing carbon emissions and should require review under the
National Environmental Policy Act, Section 4(f)of the Department of Transportation Act,
Section 106 of the National Historic Preservation Act, and the Massachusetts
Environmental Policy Act,
Be it resolved that the Town of Lexington join the three Congressmen representing four towns
surrounding Hanscom Field, our state legislative delegation,the Minute Man National Historical
Park and the National Trust for Historic Preservation in calling for a moratorium on any expansion
of infrastructure at Hanscom Field, including the use of any federal stimulus funds, until a
comprehensive and sustainable regional multi-modal transportation plan is developed and seeks
the assistance of the Governor, our United States Senators and the Administrator of the Federal
Aviation Administration in supporting said moratorium.
7:58 p.m. Carolyn Tiffany,Reed Street,further updated the Meeting.
8:02 p.m. Hank Manz reported the support of Board of Selectmen to reaffirm 1997 vote.
8:04 p.m. Charles Hornig reported support of the Planning Board
8:05 p.m. Motion Adopted.
8:05 p.m. John Bartenstein,pr. 1,moved that Article 6 be reopened.
Moderator Deborah Brown explained Lexington Bylaws require a two-thirds vote
to add another motion to the main motion.
8:12 p.m. Alan Levine reported unanimous support of Appropriation Committee.
8:12 p.m. Peter Kelley reported unanimous opposition of Board of Selectmen.
8:14 p.m. Peter Enrich,pr.4,spoke in opposition.
8:14 p.m. Charles Hornig reported opposition of Planning Board.
8:16 p.m. Loren Wood,pr.3,posed Parliamentary Inquire regarding reopening of the
Article. Moderator Deborah Brown explained the reopening to add another
motion to the Article.
Members spoke in support and opposition.
8:25 p.m. A standing vote was called on the Motion to Reopen,tallied as follows:
Precinct Yes No
1 11 2
2 8 8
3 9 6
4 13 5
5 13 4
6 11 8
7 10 4
8 6 9
9 4 5
AL 8 6
TOTAL 93 57
Motion to Reopen Not Adopted.
8:33 p.m. Norman Cohen moved the May 6,2009 Special Town Meeting be dissolved.
Motion Adopted.
A true copy.
Attest:
Donna M.Hooper,Town Clerk