HomeMy WebLinkAbout2005-03-07-TE-Warrant-and-2005-03-28-ATM-Warrant
March 7, 2005: Annual Town Election
TOWN OF LEXINGTON WARRANT
TO THE
2005 ANNUAL TOWN MEETING
ANNUAL TOWN WARRANT
TABLE OF CONTENTS
Page
Calendar..............................................................................................................Inside Front Cover
Board of Selectmen’s Message........................................................................................................3
Expenditures/Appropriations/Revenue History...............................................................................4
WARRANT FOR ANNUAL TOWN MEETING
Article 1 Elections.....................................................................................................................5
Article 2 Reports of Town Boards, Officers, Committees........................................................6
Article 3 Appointments to Cary Lecture Series ........................................................................6
ZONING/LAND USE ARTICLES
Article 4 Zoning By-Law, Amend CB to CD, Battle Green Inn,
1720 Massachusetts Avenue ......................................................................................6
Article 5 Zoning By-Law, Center Parking................................................................................7
Article 6 Restrict Parking on Residential Streets in CB Central Business District ..................8
Article 7 Adoption of Community Preservation Act.................................................................8
Article 8 Establishment of Community Preservation Committee.............................................9
Article 9 Zoning By-Law, RO to CD, Assessors Map 5, Parcel 11A, Waltham Street..........10
Article 10 Zoning By-Law, Accessory Apartments..................................................................10
GENERAL ARTICLES
Article 11 Amend Selectmen-Town Manager Act Regarding
Town Manager Appointment...................................................................................17
Article 12 Amend Selectmen-Town Manager Act to Allow
Recall of Town-Wide Elected Officials...................................................................18
Article 13 Removal and Installation of Double Utility Poles ...................................................18
Article 14 Municipal Lighting Plant .........................................................................................19
Article 15 Property Tax Exemptions.........................................................................................19
Article 16 Amend Tree By-Law................................................................................................20
FINANCIAL ARTICLES
Article 17 Tree Planting and Maintenance................................................................................20
Article 18 Tree Revolving Fund................................................................................................21
Article 19 Conservation Land Transfer – North Street.............................................................21
Article 20 Acquisition of Former Middlesex County Hospital Land........................................21
Article 21 Former Middlesex County Hospital Open Space.....................................................22
Article 22 Fast Track Auction Law...........................................................................................22
Article 23 Acquisition of Franklin School Apartments.............................................................23
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Article 24 Water Distribution Improvements............................................................................24
Article 25 Sanitary Sewer Improvements .................................................................................25
Article 26 Playgrounds and Recreation Facilities Improvements.............................................25
Article 27 Lincoln Park Facility................................................................................................25
Article 28 Pine Meadows Improvement....................................................................................26
Article 29 Supplementary Appropriations for Authorized Capital Improvement Projects.......26
Article 30 School Capital Projects and Equipment...................................................................27
a) Phone/Intercom Equipment
b) Heating, Cooling and Energy Saving Equipment
c) Building Envelope
d) Exterior Lighting
e) Security Equipment
f) Electrical Equipment
g) Custodial and Maintenance Equipment
h) School Administration Building
Article 31 Maintain and Upgrade School Technology..............................................................27
Article 32 Municipal Capital Projects and Equipment..............................................................28
a) Building Envelope
b) Street Related Improvements
c) Traffic Improvements
d) Sidewalk Improvements
e) DPW Equipment
f) DPW Facility
g) Fire Rescue Vehicle
h) Public Safety Communications
Article 33 Traffic Control Signals Upgrade and Installation....................................................29
Article 34 Prior Years’ Unpaid Bills.........................................................................................30
Article 35 Supplementary Appropriations for Current Fiscal Year (FY2005) .........................30
Article 36 Stabilization Fund ....................................................................................................30
Article 37 Operating Budget .....................................................................................................31
Article 38 Use of Funds to Reduce the Tax Rate......................................................................35
Map................................................................................................................................................36
List of Town Meeting Members....................................................................................................38
Town Finance Terminology...........................................................................................................45
Election Information............................................................................................Inside Back Cover
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Town of Lexington, Massachusetts
OFFICE OF SELECTMEN
DAWN E. MCKENNA, CHAIRMAN
JEANNE K. KRIEGER
WILLIAM P. KENNEDY TEL: (781) 862-0500 x208
PETER C.J. KELLEY FAX: (781) 863-9468
RICHARD PAGETT
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To the Residents of Lexington:
This year, the Annual Town Election will be held on MONDAY, March 7th. Town Meeting will
begin at 7:30 p.m. on Monday, March 28th in Cary Memorial Hall and will be continued on
Mondays and Wednesdays until the warrant has been completed. (Town Meeting does not meet
during the April School vacation.)
.
The Warrant is the official notice to the residents of the various issues being considered at the
Annual Town Meeting. It also provides notice as to the offices that are up for election on March
7th, and the candidates running to fill those seats. Only articles listed in the Warrant may be
discussed at Town Meeting.
Articles are grouped in three categories: Zoning, General and Financial. Below the articles are
descriptions that provide an explanation of what the article seeks to accomplish. A map is
included at the back of the warrant linking those articles that are site specific to the particular
location they impact.
Town Meeting is the appropriating authority. While the Board of Selectmen and School
Committee recommend a budget, ultimately it is Town Meeting who approves the budget.
Between now and Town Meeting there will be multiple public meetings about the budget. We
urge citizens to read the budget, understand it, and help us find a way to balance the need for
services with limited resources while still fostering excellent services throughout the community.
The Town Manager’s Office has created a website for the citizens to follow the budget
deliberations (http://ci.Lexington.ma.us/townmanager/budget). It will be updated throughout the
budget development process. The warrant contains a draft budget. The final proposal will be
delivered to all Town Meeting members prior to the consideration of any financial articles by
Town Meeting and will be available on the website.
If you have any questions, please contact our office.
BOARD OF SELECTMEN
Dawn E. McKenna, Chairman
Jeanne K. Krieger
William P. Kennedy
Peter C.J. Kelley
Richard Pagett
Summary of Expenditures, Appropriations, & Revenues
FY 2002 FY 2003 FY 2004 FY 2005 FY 2006
Expended Expended Expended Appropriated Requested
Municipal Operating 1 29,664,512$ 31,636,536$ 28,079,993$ 31,341,169$ 32,893,436$
Articles and Capital 2 1,178,723$ 1,074,500$ 887,570$ 500,000$ 753,000$
Municipal Exempt Debt 490,200$ 786,575$ 771,013$
Stabilization Fund 807,322$ 500,000$
Total Municipal General Fund 30,843,235$ 32,711,036$ 29,457,763$ 33,435,066$ 34,917,449$
Public Schools 58,147,242$ 61,490,887$ 62,900,663$ 66,357,468$ 70,120,351$
School Capital 2 185,000$ 125,000$ -$ 400,000$
School Exempt Debt 1,708,200$ 1,567,988$ 3,699,138$ 4,538,510$ 4,172,300$
Regional Vocational School 3 787,116$ 843,566$ 901,431$ 928,474$ 856,328$
Total Education 60,642,558$ 64,087,441$ 67,626,232$ 71,824,452$ 75,548,979$
Water Enterprise Fund 4 5,297,552$ 5,899,376$ 6,077,177$ 6,554,170$ 7,207,101$
Sewer Enterprise Fund 4 7,769,308$ 8,414,765$ 7,970,634$ 8,132,322$ 8,141,681$
Recreation Enterprise Fund 4 1,253,313$ 1,342,288$ 1,443,673$ 1,614,355$ 1,678,257$
Enterprise Articles 2 635,000$ 853,000$ 710,000$ 1,280,000$ 405,000$
Total Enterprise 14,955,173$ 16,509,429$ 16,201,484$ 17,580,847$ 17,432,039$
Total Appropriations/Expenditures 106,440,966$ 113,307,906$ 113,285,479$ 122,840,365$ 127,898,467$
Prior Year Supplemental
Appropriations 542,148$ 50,000$ 248,000$
Prior Year Deficits & Judgments 384,232$ 601,532$ 719,147$
Intergovt Charges, Offsets &
Assessors Overlay
Total Expenditures $110,455,747 $116,426,117 $116,333,307 $125,740,365 $130,645,217
FY 2002 FY 2003 FY 2004 FY 2005 FY 2006
Actual Actual Actual Appropriated Appropriated
State Aid 10,466,658$ 9,626,097$ 7,894,598$ 7,950,556$ 8,059,161$
Local Receipts 10,118,108$ 9,722,316$ 8,978,316$ 9,333,423$ 9,454,400$
Available Funds 2,379,737$ 3,557,418$ 943,551$ 375,000$ 666,000$
Enterprise Revenue 13,244,521$ 16,509,429$ 17,335,546$ 17,580,847$ 17,432,039$
Non-Tax Levy Revenue 36,209,024$ 39,415,260$ 35,152,011$ 35,239,826$ 35,611,600$
Previous Year Levy 67,831,893$ 71,101,282$ 74,230,931$ 78,000,157$ 85,575,454$
Allowable 2 1/2% Inc. 1,695,797$ 1,777,532$ 1,855,773$ 1,950,957$ 2,139,386$
Allowable New Construction 1,573,592$ 1,350,048$ 1,915,573$ 1,000,000$ 1,000,000$
Override 4,224,340$ -$
Tax Levy Limit 71,101,282$ 74,228,862$ 78,002,277$ 85,175,454$ 88,714,840$
Actual Tax Levy (w/out Debt Excl.) 5 71,063,565$ 74,227,931$ 78,000,157$
PAYT Tax Levy Reduction (747,000)$
Debt Exclusion 1,708,200$ 1,567,988$ 4,189,338$ 5,325,085$ 4,943,313$
Total Revenues $108,233,789 $115,211,179 $117,341,506 $125,740,365 $129,269,753
Budget Deficit/Surplus -2,221,958 -1,214,938 1,008,199 0 -1,375,464
Notes
1 Town Operating consists of gross appropriated/expended less direct and indirect enterprise funding. All In-levy debt service also is included.2 Amount for capital includes only money for cash capital and roads. This does not reflect total capital requests - all capital requests total over $5 million.
3 By M.G.L. Ch. 71 Sec. 34 requires most recent request of the regional school be placed within the budget. It is likely that this number will change.
4 Enterprise Funds consist of Operating Appropriation/Expenditures, MWRA, Pine Meadows golf course operations and indirect costs.5 In FY 2002, the Actual Tax Levy (w/out Debt Exclusion) is $70,316,565 after factoring in the PAYT Reduction of $747,000.
The summary provided below shows expenditures, appropriations & revenues for the Town of Lexington FY 2002-2006. This summary reflects projections
up to the release of the warrant. Prior to Town Meeting the Board of Selectmen, in consultation with the School Committee, will approve a Recommended
Budget which will balance remaining capital and operating requests.
Revenue
Expenditures
3,088,401$ 2,466,679$ 2,328,681$ 2,900,000$ 2,498,750$
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TOWN WARRANT
TOWN OF LEXINGTON
ANNUAL TOWN MEETING
Commonwealth of Massachusetts Middlesex, ss.
To either of the Constables of the Town of Lexington, in said County, Greetings:
In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of
the Town of Lexington qualified to vote in elections and in Town affairs to meet in their
respective voting places in said Town.
PRECINCT ONE, HARRINGTON SCHOOL; PRECINCT TWO, BOWMAN SCHOOL;
PRECINCT THREE, JONAS CLARKE MIDDLE SCHOOL; PRECINCT FOUR, BRIDGE
SCHOOL; PRECINCT FIVE, FISKE SCHOOL; PRECINCT SIX, WILLIAM DIAMOND
MIDDLE SCHOOL; PRECINCT SEVEN, ESTABROOK SCHOOL; PRECINCT EIGHT, FIRE
HEADQUARTERS BUILDING; PRECINCT NINE, MARIA HASTINGS SCHOOL, on
Monday, the seventh day of March 2005, at 7:00 a.m., then and there to act on the following
articles:
ARTICLE 1 ELECTIONS
To choose by ballot the following Officers:
Two Selectmen for a term of three years;
One Moderator for a term of one year;
One member of the School Committee for a term of three years;
Two members of the Planning Board for a term of three years;
One member of the Lexington Housing Authority for a term of five years;
Seven Town Meeting Members in Precinct One, the seven receiving the highest number of
votes to serve for terms of three years;
Seven Town Meeting Members in Precinct Two, the seven receiving the highest number of
votes to serve for terms of three years;
Eight Town Meeting Members in Precinct Three, the seven receiving the highest number of
votes to serve for terms of three years; the one receiving the next highest number of votes to fill
an unexpired term ending March 2006;
Seven Town Meeting Members in Precinct Four, the seven receiving the highest number of
votes to serve for terms of three years;
Seven Town Meeting Members in Precinct Five, the seven receiving the highest number of
votes to serve for terms of three years;
Eight Town Meeting Members in Precinct Six, the seven receiving the highest number of
votes to serve for terms of three years; the one receiving the next highest number of votes to fill
an unexpired term ending March 2007;
Seven Town Meeting Members in Precinct Seven, the seven receiving the highest number of
votes to serve for terms of three years;
Eight Town Meeting Members in Precinct Eight, the seven receiving the highest number of
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votes to serve for terms of three years; the one receiving the next highest number of votes to fill
an unexpired term ending March 2006; and
Seven Town Meeting Members in Precinct Nine, the seven receiving the highest number of
votes to serve for terms of three years;
You are also to notify the inhabitants aforesaid to meet at the Cary Memorial Hall Building,
1605 Massachusetts Avenue, in said Town on Monday, the twenty-eighth day of March at 7:30
p.m., at which time and place the following articles are to be acted upon and determined
exclusively by the Town Meeting Members in accordance with Chapter 215 of the Acts of 1929,
as amended, and subject to the referendum provided for by section eight of said chapter, as
amended.
ARTICLE 2 REPORTS OF TOWN BOARDS, OFFICERS, COMMITTEES
To receive the reports of any Board or Town Officer or of any Committee of the Town.
DESCRIPTION: This article remains open throughout Town Meeting and reports may be
presented at any Town Meeting session by boards, officers, or committees.
ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES
To see if the Town will authorize the appointment of the committee on lectures under the wills of
Eliza Cary Farnham and Susanna E. Cary; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
DESCRIPTION: This is an annual article that provides for the appointment of three citizens
to the Cary Lecture Series by the Moderator.
ZONING/LAND USE ARTICLES
ARTICLE 4 ZONING BY-LAW, AMEND CB TO CD,
BATTLE GREEN INN, 1720 MASSACHUSETTS AVENUE
To see if the Town will vote 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 that
property commonly known as 1720 Massachusetts Avenue, Lexington, Massachusetts, and more
specifically described in the metes and bounds legal description shown in Exhibit A, attached hereto
and incorporated herein, from the current CB, Central Business District, to a CD-Planned
Commercial District to allow construction of a building(s) for the purposes of multi-family housing
and commercial retail space, and to take any other action or to act in any other manner relative
thereto.
(Submitted by 1720 Massachusetts Avenue, LLC, property owner)
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DESCRIPTION: The Preliminary Site Development and Use Plan (PSDUP) for the CD-
Planned Commercial District shall be a plan dated December/January 2005 to be filed with
the Planning Board and the Town Clerk as required by and in accordance with the
requirements of the Zoning By-Law. This proposal would rezone the property now occupied
by the Battle Green Inn to allow both commercial and residential use. This parcel has
frontage on Massachusetts Avenue and Waltham Street. As part of the plan, there would be
35 residential units and some commercial. The plan would also include an undetermined
amount of affordable housing, and/or affordable commercial space. The underground
parking would be improved and the parking entrance would be relocated to Waltham Street.
The current parking entrance would be filled in with store fronts.
ARTICLE 5 ZONING BY-LAW, CENTER PARKING
To see if the Town will vote to amend the Lexington Zoning By-Law as follows:
In Article XI, § 135-64 “Number of parking spaces and loading bays”, by replacing the existing
parking factor only for eating establishments in the CB Central Business District which now
reads as follows:
Type of Use Parking Factor (minimum number of
parking spaces to be provided)
… …
Eating establishments 1 per 3 seats, or 1/150 s.f.,
Restaurant, fast-food, and other eating
establishments not otherwise classified
whichever is greater; in CB
1 per 5 seats, or 1/200 s.f.,
whichever is greater
Takeout food service 1 per employee plus 1 per 5
linear feet of counter space; in
CB 1 per 2 employees plus 1 per
7 linear feet of counter space
so that it will read as follows:
Type of Use Parking Factor (minimum number
of
parking spaces to be provided)
… …
Eating establishments 1 per 3 seats, or 1/150 s.f.,
Restaurant, fast-food, and other
eating establishments not otherwise
classified
Whichever is greater; in CB s.f.,
1 per 250 s.f.
Takeout food service
1 per employee plus 1 per 5
linear feet of counter space; in
CB 1 per 250 s.f.
or act in any other manner in relation thereto.
(Inserted by the Planning Board)
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DESCRIPTION: This article seeks to amend the parking requirements for eating
establishments in the CB Central Business District. In the Central Business District, it would
reduce the number of spaces required based on the square footage of the establishment and
eliminate parking space requirements based on number of employees or length of counter
space.
ARTICLE 6 RESTRICT PARKING ON RESIDENTIAL
STREETS IN CB CENTRAL BUSINESS DISTRICT
To see if the Town will vote to request the Selectmen to restrict parking on residential streets around
the central business district to the residents of the houses on those streets and their guests, and to post
appropriate signs and issue appropriate permits in connection thereof.
(Inserted by Julian Bussgang and nine or more registered voters)
DESCRIPTION: This article has been submitted by residents living in the vicinity of the
Central Business (CB) District in response to the proposed easing of the current parking space
requirements applicable to new restaurants in the CB District. The wording is patterned after
parking regulations enforced on the residential streets of the City of Cambridge. The objective is
to avoid spillover of parking from the CB district onto residential streets by limiting parking on
them to those who are neighborhood residents and their visitors. If the current parking space
requirements in the CB District are not relaxed, this article will be indefinitely postponed.
ARTICLE 7 ADOPTION OF COMMUNITY PRESERVATION ACT
To see if the Town will accept Sections 3 to 7, inclusive, of Chapter 44B of the General Laws,
otherwise known as the Massachusetts Community Preservation Act, by approving a surcharge on
real property for the purposes permitted by said Act, including the acquisition, creation and
preservation of open space, the acquisition, preservation, rehabilitation and restoration of historic
resources, the acquisition, creation and preservation of land for recreational use, the creation,
preservation and support of community housing, and the rehabilitation and restoration of such open
space, land for recreational use and community housing that is acquired or created as provided under
said Act; to determine the amount of such surcharge on real property as a percentage of the annual
real estate tax levy against real property; to determine the fiscal year in which such surcharge will
first be imposed; to determine whether the Town will accept any of the exemptions from such
surcharge permitted under Section 3(e) of said Act; or to take any other action relative thereto.
(Inserted by Robert Bicknell and nine or more registered voters)
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DESCRIPTION: The Community Preservation Act (CPA) is statewide enabling legislation
designed to encourage cities and towns to allocate funds for open space, recreation, historic
preservation and affordable housing. It authorizes municipalities to adopt a property tax
surcharge of up to 3 percent for Community Preservation purposes and exempts the
surcharge amount from the restrictions of Proposition 2 1/2. It also provides for state
matching funds financed by a new fee imposed on all real estate transactions at the Registry
of Deeds. Communities can expend the funds derived from these sources on any of the CPA
purposes (open space, historic preservation, recreation or affordable housing), provided that
at least 10 percent of each year¹s proceeds are allocated to each of the primary areas (open
space, historic preservation and affordable housing). The adoption of the CPA is a two step
process. The first is approval by the legislative body, which is the purpose of this article.
The second is to place the question before the voters of Lexington at the next regular
municipal or state election.
The issues to be decided by this article include: the amount of the property tax surcharge,
which can be up to 3%; the fiscal year to begin the surcharge; and the acceptance of any
permitted exemptions from the surcharge.
The Community Preservation Act allows communities to choose any combination
of three exemptions to the surcharge amount, including: a) Exemption of $100,000 of the
value of each taxable residential parcel; b) Exemption of commercial, or industrial properties
in communities with classified tax rates; and c) Exemption of property owned and occupied
by persons who qualify for low income housing, or low or moderate income senior housing,
in the city or town.
ARTICLE 8 ESTABLISHMENT OF COMMUNITY
PRESERVATION COMMITTEE
To see if the Town will adopt a By-Law to establish a Community Preservation Committee and
provide for the composition and the duties thereof, all in accordance with the provisions of Section 5
of Chapter 44B of the General Laws, otherwise known as the Massachusetts Community
Preservation Act; or to take any other action relative thereto.
(Inserted by Robert Bicknell and nine or more registered voters)
DESCRIPTION: If the CPA article is adopted, the town must establish a Community
Preservation Committee to implement the provisions of the CPA. The committee shall consist
of not less than five nor more than nine members. The By-Law shall determine the composition
of the committee, the length of its term and the method of selecting its members. The statute
requires that at a minimum there be a representative from each of the following: Conservation
Commission, Historical Commission, Planning Board, and Housing Authority. The committee’s
duties consist of studying the community needs, coordinating with appropriate town entities and
citizen groups and making recommendations to town meeting for action.
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ARTICLE 9 ZONING BY-LAW, RO TO CD,
ASSESSORS MAP 5, PARCEL 11A
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 and certain plans on file with the
Planning Board from the current RO One Family Dwelling District to a CD Planned Commercial
District with certain specific uses (pursuant to the provisions of Town of Lexington Code §134-42),
said property being commonly known as Town of Lexington Assessors Map 5, Parcel 11A,
Waltham Street, to allow construction of a new building for office and certain other specified uses
and to act in any other manner relative thereto. The general location of the property is shown on the
map that is attached to this warrant.
(Submitted by Rogers & Company, Inc., property owner)
DESCRIPTION: The proposed amendment would rezone the property at Waltham line on
Waltham Street from the present RO One Family Dwelling to a CD Planned Commercial
Development District. This would allow for construction of a new office building and parking on
a vacant parcel containing 30,019 square feet of land.
ARTICLE 10 ZONING BY-LAW, ACCESSORY APARTMENTS
To see if the Town will vote to amend the Lexington Zoning By-Law, as follows:
1. Delete lines 1.13 and 1.22 of § 135-16 Table 1:
Line
RO
RS
RT
RM
RD*
CN
CRS
CS
CB
CLO
CRO
CM
1.13 Conversion of one-
family dwelling to
two-family dwelling
(see § 135-20
elsewhere in this By-
Law).
SP Y Y N Y N N N N N
…
1.22 Accessory apartment
in one-family
dwelling (see § 135-
19 elsewhere in this
By-Law).
Y Y Y SP Y N N N N N
…
*Subject to a preliminary site development and use plan [see §§ 135-16A and 135-42C(3)].
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And insert in their place the following:
Line
RO
RS
RT
RM
RD*
CN
CRS
CS
CB
CLO
CRO
CM
1.13 (Reserved).
…
1.22 Accessory apartment
(see § 135-19
elsewhere in this By-
Law).
A. By-right
Accessory
Apartment, in
compliance with §
135-19.C
Y N/A Y N/A Y N N N N N
B. Special Permit
Accessory
Apartment, in
compliance with §
135-19.D
SP N/A SP N/A SP N N N N N
C. Accessory
Structure Apartment,
in compliance with §
135-19.E
SP SP SP N/A SP N N N N N
…
*Subject to a preliminary site development and use plan [see §§ 135-16A and 135-42C(3)].
2. Delete the following definition found in § 135-8:
ACCESSORY APARTMENT – A second dwelling unit located within a structure constructed as
a detached one-family dwelling, subordinate in size to the principle unit and separated from it in
a manner that maintains the appearance of the structure as a single-family house.
And insert in its place the following:
ACCESSORY APARTMENT - A second dwelling unit subordinate in size to the principle
dwelling unit on an owner-occupied lot, located in either the principle dwelling or an existing
accessory structure. The apartment is constructed so as to maintain the appearance and
essential character of a one-family dwelling and any existing accessory structures.
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3. Replace existing § 135-19 and § 135-20 with the following:
§135-19. Accessory apartments.
An accessory apartment is a second dwelling subordinate in size to the principle dwelling
unit on an owner-occupied lot, located in either the principle dwelling or an existing
accessory structure. The apartment is constructed so as to maintain the appearance and
essential character of a one-family dwelling and any existing accessory structures. Three
categories of accessory apartments are permitted: By-right Accessory Apartments, which are
permitted as of right, and Special Permit Accessory Apartments and Accessory Structure
Apartments, which may be allowed by a special permit.
A. General objectives. The provision of accessory dwelling units in owner-occupied
dwellings is intended to:
(1) Increase the number of small dwelling units available for rent in the town;
(2) Increase the range of choice of housing accommodations;
(3) Encourage greater diversity of population with particular attention to young adults
and senior citizens; and
(4) Encourage a more economic and energy-efficient use of the town’s housing supply
while maintaining the appearance and character of the town’s single-family
neighborhoods.
B. Conditions and requirements applicable to all accessory apartments.
(1) General.
(a) There shall be no more than two dwelling units in a structure, and no more than
two dwelling units on a lot.
(b) There shall be no boarders or lodgers within either dwelling unit,
(c) No structure that is not connected to the public water and sanitary sewer systems
shall have an accessory apartment.
(d) The owner of the property on which the accessory apartment is to be created shall
occupy one or the other of the dwelling units, except for temporary absences as
provided in Subsection (e). For the purposes of this section, the “owner” shall be
one or more individuals who constitute a family, who hold title directly or
indirectly to the dwelling, and for whom the dwelling is the primary residence.
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(e) Temporary absence of owner. An owner of a property containing an accessory
apartment who is to be absent for a period of less than two years may rent the
owner’s unit as well as the second unit during the temporary absence provided:
[1] Written notice thereof shall be made to the Building Commissioner or
designee on a form prescribed by the Commissioner.
[2] The owner shall be resident on the property for at least two years prior to and
between such temporary absences.
(2) Exterior appearance of a dwelling with an accessory apartment. The accessory
apartment shall be designed so that the appearance of the structure maintains that of a
one-family dwelling, subject further to the following conditions and requirements:
(a) All stairways to second or third stories shall be enclosed within the exterior walls
of the dwelling.
(b) Any new entrance shall be located on the side or in the rear of the dwelling.
(c) Where two or more entrances already exist on the front facade of a dwelling,
modifications made to any of the entrances shall result in one entrance appearing
to be the principle entrance and other entrances appearing to be secondary.
(3) Off-street parking. There shall be provided at least two off-street parking spaces for
the principle dwelling unit and at least one off-street parking space for the accessory
apartment. In order to maintain the single-family appearance of the property, all
parking spaces on the lot shall be subject further to the following conditions and
requirements:
(a) Each parking space and the driveway leading thereto shall be paved or shall have
an all-weather gravel surface. No motor vehicles shall be regularly parked on the
premises other than in the parking spaces.
(b) No more than two outdoor parking spaces shall be located in the required front
yard. All other parking spaces shall be either:
[1] Outdoor parking spaces located in a side or rear yard; or
[2] In a garage or carport.
(c) There shall be no more than four outdoor parking spaces on the lot.
(d) No parking space shall be located within the boundary of a street right-of-way.
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(e) Parking spaces shall be located so that both the principle dwelling unit and the
accessory apartment shall have at least one parking space with direct and
unimpeded access to the street without passing through a parking space
designated to serve the other dwelling unit.
(f) Where there are more than two outdoor parking spaces, there shall be provided
suitable screening with evergreen or dense deciduous plantings, walls, fence, or a
combination thereof in the area between the parking spaces and the nearest side
lot line and, if the parking space is in the front yard and parallel to the street, in
the area between the parking space and the front lot line. Screening shall be
sufficient to minimize the visual impact on abutters and to maintain the single-
family appearance of the neighborhood.
C. By-right Accessory Apartments shall be permitted so long as the requirements set forth in
the Section 135-19.B are satisfied and the following criteria in this section are met:
(1) The lot area shall be at least 10,000 square feet.
(2) The apartment shall be located in the principle structure.
(3) The maximum gross floor area of the by-right accessory apartment shall not exceed
1,000 square feet.
(4) There shall not be more than two bedrooms in a by-right accessory apartment.
(5) There shall be no enlargements or extensions of the dwelling in connection with any
by-right accessory apartment except for minimal additions necessary to comply with
building, safety or health codes, or for enclosure of an entryway, or for enclosure of a
stairway to a second or third story.
(6) The entire structure containing the by-right accessory apartment must have been in
legal existence for a minimum of five years at the time of application for a by-right
accessory apartment.
D. Special Permit Accessory Apartments. If a property owner cannot satisfy the criteria for
By-right Accessory Apartments that are set forth in § 135-19.C above, the property
owner may apply for a Special Permit from the Board of Appeals. The Board of Appeals
may grant a special permit for a Special Permit Accessory Apartment as provided in §
135-16 Table 1 line 1.22B, subject to the following:
(1) The lot area shall contain at least the minimum area required in the district in which it
is located, as shown in Table 2 “Schedule of Dimensional Controls”.
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(2) The maximum gross floor area of the special permit accessory apartment shall not
exceed 40% of the gross floor area of the dwelling, excluding areas of the structure
used for parking.
(3) The Special Permit Accessory Apartment shall be located in the principle structure.
(4) A special permit accessory apartment may be created by enlargement or additions to
the existing principle structure, or within a newly constructed dwelling, provided that
the Board of Appeals determines that:
(a) The architectural character of a detached one-family dwelling is maintained; and
(b) The structure is consistent with the typical size of nearby one-family detached
dwellings.
E. Accessory Structure Apartments. Notwithstanding any provisions of this Zoning By-Law
that state an accessory apartment shall be located in a structure constructed as a detached
one-family dwelling and the prohibition in § 135-35D against having more than one
dwelling on a lot, the Board of Appeals may grant a special permit as provided in §135-
16 Table 1 line 1.22C to allow the construction of an accessory apartment in an existing
accessory structure which is on the same lot in the RS, RT or RO District as an existing
one-family dwelling provided:
(1) Lot area is at least 18,000 square feet if in the RS or RT District and at least 33,000
square feet if in the RO District;
(2) The structure containing the accessory structure apartment was in legal existence for
a minimum of five years and had a minimum of 500 square feet of gross floor area at
the time of application;
(3) The maximum gross floor area of the Accessory Structure Apartment does not exceed
1,000 square feet. No addition shall be allowed which increases the gross floor area
of the structure to more than 1,000 square feet. The gross floor area for the accessory
apartment shall not include floor area used for any other permitted accessory use, or
floor area designed, intended or used for required off-street parking to serve the
principle dwelling;
(4) The creation of the accessory apartment shall not reduce the number of existing
parking spaces in the accessory structure which are designed, intended or used for
required off-street parking spaces to serve the principle dwelling;
(5) All existing and proposed off-street parking spaces shall comply with the
requirements for the location, layout, design and screening of off-street parking
spaces set forth in §135-19.B (3) and in Article XI of this Zoning By-Law;
(6) Not more than one accessory structure on the lot may have an accessory apartment.
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There shall be not more than two dwelling units on the lot;
(7) The accessory apartment shall comply with all building, health and safety codes for a
dwelling;
(8) The Board of Appeals determines that the exterior appearance of the accessory
structure maintains the essential character of the purpose for which it was originally
constructed and is compatible with the principle dwelling on the same lot and with
other dwellings on adjoining lots.
F. Procedures.
(1) No accessory apartment shall be constructed without issuance of a building permit by
the Building Commissioner or designee.
(2) The application for a building or special permit shall be accompanied by:
(a) Floor plans, drawn to scale, of the dwelling to be created and the structure where
it is to be located;
(b) Where exterior changes are proposed, an elevation, or other visual representation,
of the facade to be changed sufficient to show the architectural character of the
dwelling;
(c) An off-street parking plan as described in § 135-63A; and
(d) A filing fee and such further plans and other documentation related to the
conditions and requirements of Subsections B, C, D or E as the SPGA, Building
Commissioner, or his designee may require.
(3) The Building Commissioner or designee shall act on the application within 30 days of
receipt.
(4) No use as an accessory apartment shall be permitted prior to issuance of a certificate
of occupancy by the Building Commissioner or designee. A certificate of occupancy
shall be issued after the Building Commissioner or designee determines that the
accessory apartment as constructed is in conformity with the approved plans and with
the provisions of this Zoning By-Law.
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(5) A certificate of occupancy for the accessory unit shall be issued for a period of not
greater than three years. A certificate of occupancy for an accessory apartment is
valid only as long as one of the units on the property is occupied by an owner of the
property, except as provided for in §135-19B(1)(e). A certificate of occupancy for an
accessory apartment is transferable to a new owner only upon the new owner
submitting an affidavit to the Building Commissioner certifying owner occupancy of
one of the dwelling units on the lot.
G. Expansion of pre-existing, nonconforming two-family dwelling. In accordance with §
135-11, and where consistent with the objectives set forth in Subsection A, the Board of
Appeals may grant a special permit to allow the expansion of a pre-existing,
nonconforming two-family dwelling in an RS or an RO District provided the proposed
expansion complies with the conditions and requirements set forth in Subsection D of
this § 135-19 to the maximum extent practicable.
§ 135-20 (Reserved).
or act in any other manner in relation thereto.
(Inserted by the Planning Board)
DESCRIPTION: This article seeks to amend the portion of the zoning By-Law regulating
accessory apartments. It would remove sections no longer relevant, allow larger units in the
by-right category, remove minimum house size requirements, allow accessory apartments by
right in houses built as recently as five years ago instead of only those houses built prior to
1983, and allow accessory apartments by special permit in new construction.
GENERAL ARTICLES
ARTICLE 11 AMEND SELECTMEN-TOWN MANAGER ACT
REGARDING TOWN MANAGER APPOINTMENT
To see if the Town will vote to petition the General Court for an Act to amend the Lexington
Selectmen-Town Manager Act, Chapter 753 of the Acts of 1968 as amended by Chapter 284 of the
Acts of 1976 and Chapter 120 of the Acts of 1985, to provide for (a) appointment of an Assistant
Town Manager who will automatically become Acting Town Manager in the event that the position
of Town Manager becomes vacant; and (b) to provide that the appointment or removal of the Town
Manager be subject to the advice and consent of the Town Meeting; or act in any other manner in
relation thereto.
(Inserted by Sam Silverman and nine or more registered voters)
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DESCRIPTION: (a) At present if there is a vacancy in the Town Manager’s position an interim
or acting Town Manager must be appointed by the Board of Selectmen, a process that can take
up to seven (7) days. During this period a number of important administrative details are in
abeyance. The purpose of this proposal is to provide immediate and automatic continuity in
those functions of town government in the hands of the Town Manager by the appointment of an
Assistant Town Manager who will automatically and immediately become Acting Town
Manager in the event of a vacancy in the Town Manager’s position; (b) The Town Manager is
the principal executive in town government, responsible for the efficient, professional
management of the town’s work force, as well as providing the information to town boards,
town meeting, and the citizens of the town. The position is the only appointed one whose duties
are spelled out in detail in the Act. The present Act puts appointment and removal of the Town
Manager solely in the hands of the elected Board of Selectmen. This article proposes to leave
appointment and removal to the Board of Selectmen, but to provide for a check on their action
by the only fully representative body in our government, that is, the Town Meeting.
ARTICLE 12 AMEND SELECTMEN-TOWN MANAGER ACT TO ALLOW
RECALL OF TOWN-WIDE ELECTED OFFICIALS
To see if the Town will vote to petition the General Court for an Act to amend the Lexington
Selectmen-Town Manager Act to provide for the recall of town-wide elected officials; or act in
any other manner in relation thereto.
(Inserted by Richard Neumeier and nine or more registered voters)
DESCRIPTION: This article proposes that town meeting petition the general court for an
Act to amend the Lexington Selectmen-Town Manager Act to provide for recall of town-
wide elected officials in limited circumstances. This article is intended to permit recall of
town-wide elected officials when new information becomes available of a serious nature that
was not reasonably available prior to the election of the town-wide elected official. The
moderator is exempted. The purpose of this article is not to permit a recount of a close
election. Thus, no recall is permitted within five months of a town-wide election. This
article is also not intended to recall an official who is up for reelection in the not-to-distant
future. Thus, there can be no recall of an official in the last ten months of the official’s term.
The decision to have a recall election may be done by majority vote of a special town
meeting or if 20 percent of registered voters sign a petition. If the official is recalled the
vacancy is filled under existing law. If the official is not recalled there can be no further
recall petition for an additional three months.
ARTICLE 13 REMOVAL AND INSTALLATION
OF DOUBLE UTILITY POLES
To see if the Town will take action to encourage the removal of double poles in the Town by
amending the General By-Laws, petitioning the General Court for a special act, or adopting a
resolution, or any combination of these methods, or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen at the request of the Electric Utility Ad Hoc Committee)
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DESCRIPTION: This article deals with the proliferation of double utility poles in the Town. At
present, in many instances, current state law requiring the removal of a double pole within 90
days is not being followed by the utility companies and numerous double poles have been left
along Lexington streets for years.
ARTICLE 14 MUNICIPAL LIGHTING PLANT
To see if the Town will vote to pass a resolution endorsing the passage by the General Court of
legislation enabling municipalities to more easily establish municipal lighting plants; to authorize the
Board of Selectmen to petition the General Court for an act to accomplish the same result for
Lexington alone; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen at the request of the Electric Utility Ad Hoc Committee)
DESCRIPTION: This Article would allow Town Meeting to (a) endorse the pending state
legislation to facilitate the formation of municipally-owned electric distribution utilities and
(b) authorize the filing of a home-rule petition to allow Lexington to proceed with formation
of a municipal utility, if the statewide legislation fails to pass. In either case, future Town
Meeting votes would be required before any substantial funds were expended to advance the
acquisition of NStar’s distribution equipment in Lexington and create a municipal utility.
The municipal utility would only distribute power within the town, and purchase energy for
customers who do not select another supplier; it would not be involved in the generation of
electricity.
ARTICLE 15 PROPERTY TAX EXEMPTIONS
To see if the Town will vote to adjust property tax exemptions and/or deferrals as authorized by
the General Laws of the Commonwealth of Massachusetts; to authorize the Board of Selectmen
to petition the General Court for an act that would permit the Town to adjust property tax
exemptions and/or deferrals in ways not currently allowed by special and general laws of the
Commonwealth of Massachusetts, so as to enhance, make more accessible, or make more
equitable the property tax relief currently available to elderly, low income, disabled or otherwise
deserving residents; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
DESCRIPTION: This article seeks to take advantage of current state law and proposed
changes to state law that would provide further real estate tax relief to residents with limited
income.
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ARTICLE 16 AMEND TREE BY-LAW
To see if the Town will vote to amend Chapter 120 Trees of the Code of the Town of Lexington, the
Tree By-Law, as follows:
A. Delete in subsection (2) under “C. Mitigation” of 120-8 Protected Trees the words
“Contribution into the Selectmen’s Tree Gift Account” and substitute the words
“Contribution into the Lexington Tree Fund, provided such account is annually
reauthorized, or otherwise to the surplus general revenues of the Town”.
B. Delete in section 120-14 Funds the words “Contribution into the Selectmen’s Tree Gift
Account” and substitute the words “Contribution into the Lexington Tree Fund, provided
such account is annually reauthorized, or otherwise to the Treasury”,
or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen at the request of the Tree Committee)
DESCRIPTION: In 2001 the Attorney General’s Office approved the newly passed Tree By-
Law, deleting from it the establishment of a Tree Replacement Fund. The AG’s Office
marked up the original By-Law deleting most references to a Tree Replacement Fund.
Subsection (2) above is one reference to a Tree Replacement Fund that the AG’s Office
missed. Item A of this article will correct the missed deletion and reword subsection (2) to
agree with the Tree Revolving Fund Article. Item B of this article is to clarify wording to
agree with the Tree Revolving Fund Article.
FINANCIAL ARTICLES
ARTICLE 17 TREE PLANTING AND MAINTENANCE
To see if the Town will appropriate a sum of money for the planting and maintenance of trees on
Town owned land; determine whether the money shall be provided by the tax levy, by transfer
from available funds, or borrowing, or by any combination of these methods; or act in any other
manner in relation thereto.
(Inserted by the Board of Selectmen at the request of the Tree Committee)
FUNDS REQUESTED: $15,000
DESCRIPTION: This article requests funds to purchase, plant, water and maintain for two
years, new trees in Lexington in accordance with M.G.L., Chapter 87, Section 7. These tree
plantings are for approximately 30 new trees to help compensate for trees removed and not
replaced by the Town in the past two years. (In 2003 the Town removed 112 trees and
planted only 77. In 2004 the Town removed 124 trees and planted only 54.)
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ARTICLE 18 TREE REVOLVING FUND
To see if the Town will vote to establish a revolving fund, under section 53E1/2 of Chapter 44 of the
Massachusetts General Laws, entitled the Lexington Tree Fund to receive certain revenues from
contributions to fund the planting and care of trees, mitigation contributions under the Town Tree
By-Law and provide for necessary expenditures as approved by the Board of Selectmen, pursuant to
request from the Tree Warden with input from the Tree Committee, for tree planting, transplanting,
maintenance and other tree-related needs, or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen at the request of the Tree Committee)
FUNDS REQUESTED: $75,000
DESCRIPTION: The intent of this article is to establish a fund to receive donations for the
purchase of trees, their planting, replacement guarantee, and their maintenance costs in
perpetuity. Such a fund is needed as a depository for donations received for trees and
mitigation alternatives under the Lexington Tree By-Law.
ARTICLE 19 CONSERVATION LAND TRANSFER – NORTH STREET
To see if the Town will vote to transfer the care, custody, management and control of the
following land to the Conservation Commission for conservation and recreation purposes as
provided by Section 8C of Chapter 40 of the General Laws, as amended, or act in any other
manner in relation thereto.
North Street land - Map 68 - Parcel 45 - 2.8 acres; and
North Street land - Map 69 - Parcel 99 - 21.5 acres.
(Inserted by the Board of Selectmen at the request of the Conservation Commission)
DESCRIPTION: The Conservation Commission is asking that this land be transferred for
the protection of valuable wetland resources and open space.
ARTICLE 20 ACQUISITION OF FORMER MIDDLESEX COUNTY
HOSPITAL LAND
To see if the Town will authorize the Town or any of its boards or commissions to acquire by
purchase or otherwise, for any municipal purpose, some or all of the remaining undeveloped
Lexington portion of the former Middlesex County Hospital land, containing 47.5 acres, more or
less, shown as Lot 1A on Assessor’s Property Map 2; and appropriate money therefor and
determine whether the money shall be provided by the tax levy, or by transfer from available
funds, or by the issuance of bonds or notes under the provisions of Chapter 44 of the
Massachusetts General Laws and Acts, or by any combination of these, to be expended by the
Board of Selectmen and/or the acquiring Town board or commission to effect this acquisition, or
act in any other manner in relation thereto.
(Inserted by the Board of Selectmen at the request of the Conservation Commission)
21
FUNDS REQUESTED: unknown at press time
DESCRIPTION: This article is for the acquisition of the open land in Lexington at the former
Middlesex County Hospital. The land to be acquired is located between residential lots on
Walnut Street, the Brookhaven retirement complex, residential lots on Scott Road, two
Lexington Conservation parcels on its northern border, and the remaining undeveloped portion
of the former hospital land across the town line in Waltham to the south. It is also bordered on
the southeast by the now privately owned portion of the former hospital land that contains the
hospital buildings and that is expected to be developed for housing. Although part of the former
hospital property, this parcel is free of impacts from industry and development. It contains part
of an abandoned colonial road, old stone walls and meadows from its agricultural past, high
quality pine and oak/hickory woods, and an unusual series of wetland pools, some of which are
vernal pools. It is crossed by well established walking trails, and in fact forms a vital link in the
1,000-acre Western Greenway, providing the connection between the open space corridor
preserved from the former Metropolitan State Hospital grounds across Walnut Street to the east
and the Chester Brook corridor to the south.
ARTICLE 21 FORMER MIDDLESEX COUNTY HOSPITAL OPEN SPACE
To see if the Town will vote to adopt a resolution in favor of preserving as open space, free from
development, the remaining undeveloped Lexington portion of the former Middlesex County
Hospital land; to authorize the Board of Selectmen to petition the General Court for an act to prevent
the sale and disposition of such land by the Division of Capital Asset Management for housing or
other development; or act in any other manner in relation thereto.
(Inserted by Stewart Kennedy and nine or more registered voters)
FUNDS REQUESTED: unknown at press time
DESCRIPTION: The Division of Capital Asset Management is moving rapidly to sell Lot 1,
which includes the remaining undeveloped Lexington portion of the former hospital
property, for housing. This article would allow the community to show its resolve to preserve
that land as open space and would provide for obtaining an act of the General Court to
prevent the sale of the land for development.
ARTICLE 22 FAST TRACK AUCTION LAW
To see if the Town will vote to adopt a resolution that: 1) expresses its concerns regarding the fast
track auction law enacted in Outside Section 548 of the State FY 2004 Budget, which significantly
limits the Town’s ability to purchase or influence the disposition of surplus State property within its
borders; and that 2) requests its representatives in the State Legislature and Town officials to work
diligently to restore the Town’s ability to guide the future use of surplus state property; or to act in
any other manner in relation thereto.
(Inserted by Jill Stein and nine or more registered voters)
22
DESCRIPTION: In 2003, a fast-track auction law, Outside Section 548, was enacted in the
Massachusetts legislature that greatly reduced the ability of municipalities to influence the
disposition of surplus state lands within their borders. Specifically, Section 548 took away the
community’s right of first refusal and ability to purchase surplus state property at fair market
value. The measure also terminated the preexisting requirement for specific transfer legislation –
removing an opportunity for public scrutiny and the application of rational planning to the
disposition. These changes put the large Middlesex County Hospital “Lot 1” in South Lexington
- as well as properties in adjacent communities whose reuse impacts traffic congestion in
Lexington – at risk for rushed auction to the highest bidder. Thus Section 548 runs counter to the
town’s interests in planned development, including the use of surplus state property in a manner
that conforms with the town’s needs and existing plans for open space preservation, creation of
affordable housing, prevention of increased traffic, and the protection of environmental
resources. Because the measure was enacted as an attachment, or “outside section”, of the state
budget, public hearings and input by affected communities were precluded in 2003. Thus the
proponents of the warrant article ask Town Meeting to offer timely public input by going on
record early in the current state budget process to express their opposition to Outside Section
548, and to urge our State Legislators and Town officials to work diligently for the expeditious
restoration of community rights lost under this legislation.
ARTICLE 23 ACQUISITION OF FRANKLIN SCHOOL APARTMENTS
To see if the Town will vote to authorize the Selectmen to modify the original Land Disposition
Agreement, Mortgage and Security Agreement, and/or any other agreements with the Franklin
School Housing Limited Partnership or Community Builders or to take any action to preserve the
former Franklin School property (now the Franklin School apartments) located at 7 Stedman
Road, consisting of a building and approximately 3.38 acres of land, as an affordable housing
project; to purchase the former Franklin School property or take the property by eminent
domain; to transfer the care and control of the property to the Lexington Housing Assistance
Board, Inc. in the discretion of the Selectmen; and to appropriate money for any of the actions
mentioned above and to determine whether the money shall be provided by the tax levy, by
transfer from available funds, by borrowing, by grant, by private contribution, by federal or state
funds, or by any combination of these methods; or act in any other manner in relation thereto.
(Inserted by Board of Selectmen)
FUNDS REQUESTED: unknown at press time
23
DESCRIPTION: In 1985, the Town of Lexington sold the former Franklin School on
Stedman Road to the Franklin School Housing Limited Partnership (a Community Builders
partnership) to develop low and moderate-income housing. The Town retained the right to
purchase for $39,000 the property 50 years after the Certificate of Completion was issued for
the project. The Town also held a Mortgage and Security Agreement with respect to the
property that has been subordinated to loans from the Massachusetts Housing Finance
Agency (now MassHousing) and the Executive Office of Communities and Development.
Because of the original financing of the project through the SHARP loan program, debt
continues to accumulate. Community Builders has requested that the Town subordinate the
Town’s mortgage so that Community Builders may refinance to complete repairs and
upgrades to the apartments. Doing so will force 8 units to become market rate. At the time
the Franklin School was sold, the Town did not have the ability to manage this project. The
Selectmen now believe that it is feasible for the Town to purchase the property and manage it
through LexHAB at a reasonable cost that will better protect this property as an affordable
housing development.
ARTICLE 24 WATER DISTRIBUTION IMPROVEMENTS
To see if the Town will vote to install new water mains and replace or clean and line existing
water mains 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;
appropriate money for such installation and land acquisition and determine whether the money
shall be provided by the tax levy, by transfer from available funds, including any special water
funds, or by borrowing, or by any combination of these methods; authorize the Selectmen to
apply for, accept, expend and borrow in anticipation of federal and state aid for such projects; or
act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: unknown at press time
DESCRIPTION: This article requests Water Enterprise funds for relaying/cleaning lines.
24
ARTICLE 25 SANITARY SEWER IMPROVEMENTS
To see if the Town will vote to install sewer mains and sewerage systems and replacements
thereof in such accepted or unaccepted streets or other land as the Selectman 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 in amendment thereof, or otherwise, and to take by
eminent domain, purchase or otherwise acquire any fee, easement or other interest in land
necessary therefore, appropriate money for such installation and land acquisition and determine
whether the money shall be provided by the tax levy, by transfer from available funds, including
any special sewer funds, by borrowing, or by any combination of these methods; authorize the
Selectmen to apply for, accept, expend and borrow in anticipation of federal and state aid for
such sewer projects; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: unknown at press time
DESCRIPTION: This article requests sewer enterprise funds to make improvements to the
sanitary sewer system.
ARTICLE 26 PLAYGROUNDS AND RECREATION
FACILITIES IMPROVEMENTS
To see if the Town will appropriate a sum of money to make playground and recreation facility
improvements; determine whether the money shall be provided by the tax levy, by transfer from
available funds, including the Recreation Enterprise fund, by borrowing, or by any combination of
these methods; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen at the request of the Recreation Committee)
FUNDS REQUESTED: $65,000
DESCRIPTION: This is an annual request to provide facility improvements to Town
playgrounds, tennis courts and athletic fields. The project for FY2006 is to upgrade the
playground at Rindge Park and replace the Tennis Practice Board at the Gallagher Tennis
Courts. This project will comply with the Americans Disabilities Act, which requires
accessibility to all new and renovated facilities.
ARTICLE 27 LINCOLN PARK FACILITY
To see if the Town will appropriate a sum of money to construct a restroom and related facilities at
Lincoln Park; determine whether the money shall be provided by the tax levy, by transfer from
available funds, gifts, including the Recreation Enterprise fund, by borrowing, or by any
combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen at the request of the Recreation Committee)
FUNDS REQUESTED: unknown at press time
25
DESCRIPTION: This request is to build a restroom and related facilities at Lincoln Park.
The original project did not include funding for the restroom. The Recreation Committee
made a commitment to Town Meeting members to build a restroom facility if contingency
funds were left over. But, the contingency money was spent on environmental projects. As a
cost savings measure, the utility conduit was part of the original project so the town would
not have to tear up the parking lot when the restroom facility was constructed.
ARTICLE 28 PINE MEADOWS IMPROVEMENT
To see if the Town will appropriate a sum of money to pay engineering expenses for the planning of
drainage improvements at Pine Meadows; determine whether the money shall be provided by the tax
levy, by transfer from available funds, including the Recreation Enterprise fund, by borrowing, or by
any combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen at the request of the Recreation Committee)
FUNDS REQUESTED: $50,000
DESCRIPTION: $50,000 is being requested to engage an Engineering Firm to study the
hydrology of the Pine Meadows Upper and Lower Pond areas and make recommendations for
renovation of the Upper Pond Dam, cart path by the 9th green, creation of an overflow system
and reconstruction of the existing pipe near the spillway.
ARTICLE 29 SUPPLEMENTARY APPROPRIATIONS FOR AUTHORIZED
CAPITAL IMPROVEMENT PROJECTS
To see if the Town will make supplementary appropriations to be used in conjunction with
money appropriated in prior years for the installation or construction of water mains, sewers and
sewerage systems, drains, streets, buildings, recreational facilities, or other capital improvements
that have heretofore been authorized; determine whether the money shall be provided by the tax
levy, by transfer from available funds, including enterprise funds, by borrowing, or by any
combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: $165,000
DESCRIPTION: This is an annual article to request funds for capital improvement project
expenditures that exceed the original level of appropriation. It is expected that $35,000 will
be requested to fund the Police Department generator and $130,000 to pay for heating and
cooling in the Town Office Building.
26
ARTICLE 30 SCHOOL CAPITAL PROJECTS AND EQUIPMENT
To see if the Town will appropriate a sum of money for:
(a) Phone/Intercom Equipment;
(b) Heating, Cooling and Energy Saving Equipment;
(c) Building Envelope;
(d) Exterior Lighting;
(e) Security Equipment;
(f) Electrical Equipment;
(g) Custodial and Maintenance Equipment; and
(h) School Administration Building.
and determine whether the money shall be provided by the tax levy, by transfer from available
funds, by borrowing or by any combination of these methods; or act in any other manner in
relation thereto.
(Inserted by the School Committee)
FUNDS REQUESTED: Total of $1,494,100 + cost of item (b) below
DESCRIPTION: This article request funds for the following school projects:
(a) $125,000 or any other amount for the replacement of intercom and phone systems at the
Bridge and Bowman schools;
(b) Amount needed is unknown at press time for installing centrally located heating and
cooling controls and other energy saving devices at the Clarke and Diamond middle
schools;
(c) $75,000 or any other amount for the replacement of multiple entrance ways to the Bridge,
Bowman and High Schools;
(d) $100,000 or any other amount for lighting of exteriors of all school buildings;
(e) $250,000 or any other amount for a school security monitoring system for all school
buildings;
(f) $140,000 or any other amount for the upgrade of the Diamond Middle School Generator,
a portable generator and related electrical work in other school buildings;
(g) $404,100 or any other amount for replacement of custodial and maintenance equipment;
and
(h) $400,000 or any other amount for the design phase and any extraordinary repairs for the
School Administration building.
ARTICLE 31 MAINTAIN AND UPGRADE SCHOOL TECHNOLOGY
To see if the town will appropriate a sum of money for the maintenance and upgrade of the
schools’ technology systems; determine whether the money shall be provided by the tax levy, by
transfer from available funds, by borrowing, or by any combination of these methods; or act in
any other manner in relation thereto.
(Inserted by the School Committee)
27
FUNDS REQUESTED: $350,000
DESCRIPTION: This article requests money to be appropriated for the upkeep and upgrade
of the schools’ technology systems.
ARTICLE 32 MUNICIPAL CAPITAL PROJECTS AND EQUIPMENT
To see if the Town will vote to appropriate a sum of money for the following capital
improvements:
(a) Building Envelope;
(b) Street Related Improvements;
(c) Traffic Improvements;
(d) Sidewalk Improvements;
(e) DPW Equipment;
(f) DPW Facility;
(g) Fire Rescue Vehicle; and
(h) Public Safety Communications;
and determine whether the money shall be provided by the tax levy, by transfer from available
funds, including enterprise funds, by borrowing, or by any combination of these methods;
authorize the Selectmen to apply for, accept, expend and borrow in anticipation of state aid for
such capital improvements; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: Total of $2,715,500
DESCRIPTION:
(a) $150,000 is requested for: upgrades for compliance with the American with Disabilities
Act (ADA); structural analysis of Fire Headquarters apparatus room floor system;
police station condensers and flat roof.
(b) $1,000,000 is requested for the annual street resurfacing program. It is comprised of
$500,000 of Town funds from the 2001 override and $500,000 of Chapter 90 funds.
This funding will allow for the proper maintenance and repair of Lexington’s streets,
increasing their qualify and safety. In addition, it is planned to update the Pavement
Management System Data Base to reflect the work done since the system was put in
place. This funding request is in addition to the 2002 override $7 million resurfacing
program that will begin its third of four phases this summer.
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(c) $97,000 is requested for traffic improvements of which $25,000 is for a signal upgrade
at Concord Avenue and Waltham Street and $72,000 is requested to upgrade the
existing signals at Lowell Street and Maple Street requested by the School Committee.
(d) $50,000 is requested to replace the brick sidewalk on Edison Way and to make
improvements to other existing sidewalks that will improve pedestrian safety and will
diminish liability for injuries to pedestrians.
(e) $483,500 is requested to replace the following equipment: 1990 Ford F350 1-ton dump
body, 1985 International cab and chassis with S.S. sander body, 1988 International six-
wheel dump body, 1992 Chevrolet 3500 dump body, two (2) 1994 Chevrolet 3500
dump body, 1994 Ford Explorer, 2000 Chevrolet Lumina, and 10 year old sander body.
(f) $720,000 is requested for funding to design a new DPW Facility.
(g) $165,000 is requested for funding for the replacement of the 1999 Ford ambulance that
has been responding as the Town's second ambulance. The new unit will become the
primary ambulance as part of an eight-year replacement and rotation cycle.
(h) $50,000 is requested for funding to evaluate the needs for updated and integrated
Police, Fire, Dispatch, Public Works and other Town communications systems.
ARTICLE 33 TRAFFIC CONTROL SIGNALS UPGRADE AND INSTALLATION
To see if the Town will vote to appropriate a sum of money for (a) improving and upgrading traffic
control signals at the intersection of Maple Street and Lowell Street, and provide for safe pedestrian
crossing at this intersection; (b) the design and preparatory work for the installation of traffic control
signals at the intersection of Maple Street and Massachusetts Avenue; and determine whether the
money shall be provided by the tax levy, or by transfer from available funds, or by any combination
of these methods; or act in any other manner in relation thereto.
(Inserted by Sam Silverman and nine or more registered voters)
DESCRIPTION: (a) The present traffic signals at Maple and Lowell Streets may be inadequate
for controlling traffic entering and leaving Harrington school, and may become even more so
when construction on the new building is completed and the current building is used as
temporary schooling for other construction projects. Also, there may be safety problems for
students crossing this intersection that need to be addressed; (b) Massachusetts Avenue, from the
Arlington line to Lexington center, is the only major artery in town without any traffic controls.
Over the years traffic on this artery has increased considerably, and for the intersection with
Maple Street has resulted in long delays for cars entering and leaving Maple Street and reduced
traffic safety with consequent frustration and risk taking by drivers, providing an increasing
safety hazard.
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ARTICLE 34 PRIOR YEARS' UNPAID BILLS
To see if the Town will raise and appropriate money to pay any unpaid bills rendered to the
Town for prior years; determine whether the money shall be provided by the tax levy, by transfer
from available funds, or by any combination of these methods; or act in any other manner in
relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: Unknown at press time.
DESCRIPTION: This is an annual article to request funds to pay bills received after the
close of the fiscal year in which the goods were received or the services performed, and for
which no money was encumbered.
ARTICLE 35 SUPPLEMENTARY APPROPRIATIONS
FOR CURRENT FISCAL YEAR (FY 2005)
To see if the Town will make supplementary appropriations, to be used in conjunction with
money appropriated under Article 14 of the warrant for the 2004 Annual Town Meeting, to be
used during the current fiscal year, or make any other adjustments to the current fiscal year
budget and appropriations that may be necessary; determine whether the money shall be
provided by transfer from available funds; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: $83,000
DESCRIPTION: This is an annual article to permit adjustments to current fiscal year
(FY 2005) expenditures. It is expected that funds will be requested for unexpected DPW
maintenance costs.
ARTICLE 36 STABILIZATION FUND
To see if the Town will appropriate a sum of money to the Stabilization Fund in accordance with
Section 5B of Chapter 40 of the General Laws, determine whether the money shall be provided
by the tax levy, by transfer from available funds, or by any combination of these methods; or act
in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: Money may be appropriated into a stabilization fund that may be invested
and the interest may then become part of the fund. The use of these funds may later be
appropriated, by a two-thirds vote of an Annual or Special Town Meeting, for any purpose
for which the town would be authorized to borrow money under Sections 7 and 8 of Chapter
44 of the General Laws, or for any other lawful purpose.
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ARTICLE 37 OPERATING BUDGET
To see if the Town will make appropriations for expenditures by departments, officers, boards,
and committees of the Town for the ensuing fiscal year and determine whether the
money shall be provided by the tax levy or by transfer from available funds, including any
revolving or special funds, including enterprise funds, or by any combination of these methods;
or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
DESCRIPTION: This article requests funds for the Fiscal Year 2006 (July 1, 2005 - June 30,
2006) operating budget. The operating budget includes the school and municipal budgets,
including water, sewer and recreation operations. The operating budget also includes
requests for funds to provide salary increases for employees, including salaries negotiated
through collective bargaining negotiations. The municipal budget also includes certain
school costs. These are primarily the costs of debt service requirements, property and
liability insurance on school buildings and contents, and pension costs for school employees
other than professional staff. The following chart lists by account FY 2004 expenditures, FY
2005 appropriations and FY 2006 proposed appropriations.
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3-page table
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FY 2004 FY 2005 FY 2006
Program Actual Appropriated Requested
1000 Education
1100 Lexington Public Schools 62,900,663$ 66,357,468$ 70,120,351$
1200 Regional Schools 901,431$ 928,474$ 856,328$
Total Education 63,802,094$ 67,285,942$ 70,976,679$
2000 Shared Expenses
2100 Employee Benefits
Contributory Retirement 1,540,558$ 3,015,532$ 3,284,215$
Non-Contributory Retirement 85,901$ 85,000$ 68,000$
General Insurance 4,601,747$ 4,804,653$ 5,251,736$
6,228,206$ 7,905,185$ 8,603,951$
2200 Debt Service
Payment on Funded Debt 3,253,000$ 3,441,000$ 2,760,000$
Interest on Funded Debt 547,954$ 553,670$ 450,750$
Temporary Borrowing 234,166$ 242,512$ 300,000$
Exempt Debt 4,280,558$ 5,425,085$ 5,043,313$
8,315,678$ 9,662,267$ 8,554,063$
2300 Operating Articles
Reserve Fund -$ 150,000$ 150,000$
Municipal Salary Adjustment -$ 50,000$ 437,780$
-$ 200,000$ 587,780$
2400 Organizational Expenses
Municipal Services and Expenses
Personal Services 41,569$ 33,976$ 33,976$
Expenses 88,442$ 102,400$ 102,400$
130,011$ 136,376$ 136,376$
Total Shared Expenses 14,673,895$ 17,903,828$ 17,882,170$
3000 Community Services
3100 DPW General Fund
3500 Personal Services 3,041,139$ 2,801,758$ 2,881,428$
Expenses 4,006,403$ 4,020,096$ 4,324,201$
3700 Water Enterprise 5,240,049$ 5,717,042$ 6,369,973$
3800 Sewer Enterprise 7,221,566$ 7,383,253$ 7,335,897$
19,509,157$ 19,922,149$ 20,911,499$
3600 Transportation
Personal Services 65,184$ 67,040$
Expenses 225,844$ 239,384$
-$ 291,028$ 306,424$
Total Community Services 19,509,157$ 20,213,177$ 21,217,923$
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FY 2004 FY 2005 FY 2006
Program Actual Appropriated Appropriated
4000 Public Safety
4100 Law Enforcement
Personal Services 3,359,273$ 3,855,631$ 3,974,171$
Expenses 414,934$ 415,140$ 428,547$
3,774,207$ 4,270,771$ 4,402,718$
4200 Fire Services
Personal Services 3,142,526$ 3,571,007$ 3,708,450$
Expenses 381,134$ 432,289$ 446,393$
3,523,660$ 4,003,296$ 4,154,843$
Total Public Safety 7,297,867$ 8,274,067$ 8,557,561$
5000 Culture and Recreation
5100 Cary Memorial Library
Personal Services 1,289,479$ 1,400,313$ 1,487,209$
Expenses 247,523$ 276,859$ 304,753$
1,537,002$ 1,677,172$ 1,791,962$
5200 Recreation Enterprise
Personal Services 461,607$ 517,795$ 534,828$
Expenses 785,066$ 899,560$ 946,429$
5200 Recreation Enterprise 1,246,673$ 1,417,355$ 1,481,257$
Total Culture and Recreation 2,783,675$ 3,094,527$ 3,273,219$
6000 Social Services
6100 Council on Aging
Personal Services 139,806$ 132,372$ 147,440$
Expenses 176,838$ 151,999$ 156,061$
316,644$ 284,371$ 303,501$
6200 Human Services
Veterans Admin & Benefits
Personal Services 28,903$ 30,091$ 35,864$
Expenses 16,511$ 23,381$ 23,381$
Services for Youth -$ 45,000$ 45,411$
Developmentally Disabled -$ 14,839$ 14,839$
45,414$ 113,311$ 119,495$
Total Social Services 362,058$ 397,682$ 422,996$
7000 Community Development
7100 Office of Comm. Development
Personal Services 513,442$ 576,477$ 657,913$
Expenses 35,734$ 58,360$ 58,812$
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549,176$ 634,837$ 716,725$
FY 2004 FY 2005 FY 2006
Program Actual Appropriated Appropriated
7200 Planning
Personal Services 178,487$ 184,497$ 187,207$
Expenses 6,340$ 8,450$ 8,450$
184,827$ 192,947$ 195,657$
7300 Economic Development
Personal Services 20,490 6,000 6,000
Expenses 47,702 - -
68,192 6,000 6,000
Total Community Development 802,195$ 833,784$ 918,382$
8000 General Government
8100 Board of Selectmen
Board of Selectmen Admin.
Personal Services 47,339$ 61,983$ 62,681$
Expenses 67,523$ 69,150$ 69,150$
Legal 350,392$ 225,000$ 350,000$
Town Report 6,000$ 6,000$ 6,500$
471,254$ 362,133$ 488,331$
8200 Town Manager
Personal Services 340,495$ 352,103$ 352,640$
Expenses 11,960$ 14,667$ 14,667$
352,455$ 366,770$ 367,307$
8300 Town Committees
Financial Committees 1,000$ 1,000$ 1,500$
Misc. Boards and Committees 8,435$ 8,755$ 8,755$
Public Celebrations Committee 23,411$ 25,000$ 25,000$
32,846$ 34,755$ 35,255$
8400 Finance
Personal Services 709,103$ 658,902$ 830,011$
Expenses 226,462$ 221,700$ 226,700$
935,565$ 880,602$ 1,056,711$
8500 Town Clerk
Personal Services 135,160$ 126,446$ 184,042$
Expenses 27,277$ 30,425$ 30,900$
Elections Personal Services 55,995$ 64,240$ 25,975$
Elections Expenses 29,423$ 28,700$ 21,125$
247,855$ 249,811$ 262,042$
8600 Management Information Systems
Personal Services 166,432$ 165,065$ 177,637$
Expenses 140,520$ 190,900$ 204,254$
306,952$ 355,965$ 381,891$
Total General Government 2,346,927$ 2,250,036$ 2,591,537$
Total Operating 111,577,868$ 120,253,043$ 125,840,467$
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ARTICLE 38 USE OF FUNDS TO REDUCE THE TAX RATE
To see if the Town will appropriate a sum of money from available funds toward the reduction of
the tax rate for the fiscal year; or act in any other manner in relation thereto.
(Inserted by the Board of Selectmen)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This article requests the use of available funds ("free cash") to reduce the
tax rate. Subject to certain adjustments, "free cash" is surplus revenue less uncollected
overdue real estate and personal property taxes from prior years.
And you are directed to serve this warrant seven days at least before the time of said meeting as
provided in the By-Laws of the Town.
Hereof fail not, and make due return on this warrant, with your doings thereon, to the Town
Clerk, on or before the time of said meeting.
Given under our hands at Lexington this twenty-sixth day of January, A.D., 2005.
Dawn E. McKenna, Chairman
Jeanne K. Krieger Board
William P. Kennedy of
Peter C.J. Kelley Selectmen
Richard Pagett
A true copy, Attest:
George Anderson
Constable of Lexington
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