Special Town Meeting 2019

East Lexington, November 2016

We're in Battin Hall of Cary Memorial Building. There's a lot to cover, so Town Meeting Members (TMMs) have been asked to hold tomorrow night, too, just in case a second session is needed.

Deputy Moderator Barry Orenstein is Moderator of the Meeting.

This is a Special Town Meeting (STM), in accordance with the Acts of 1929, Chapter 215, §8 and there are a total of nine Articles to be acted upon by the elected members of Town Meeting (TM): three Articles are budget adjustments, three others are zoning amendments, and two are capital improvements. Article 1 remains open to receive the reports of any Town Board, Officer, or Committees at any time.

The list of Articles (Warrant) is HERE.
Articles 5 & 7 have been designated "Date Certain", so they will go first.
We expect to hear reports of the Special Permit Residential District Committee, and of the ad hoc Crematory Study Committee, as well.

Call to Order at 7:30 PM and we are in session.

Updating as we go.

—
A few housekeeping notes from Town Moderator (TMod)

ARTICLE 1: Reports of Town Boards, Officers, Committees

This Article remains open throughout STM. Reports may be presented at any session by Town Boards, Officers, or Committees.
MOTION is HERE

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ARTICLE 5: Amend Zoning Bylaw from CD-1 District to CSX District — 7 Hartwell Avenue (Owner Petition)
This Article requests an amendment to the Zoning Bylaw and Map in order to allow additional uses at the site.

MOTION is HERE
Kristine Hung with the presentation (HERE)

Bob Creech with Planning Board's Report HERE is received and placed on file

Planning Board (PB): UNANIMOUS APPROVAL

Select Bboard (SB): UNANIMOUS APPROVAL
Chamber of Commerce: SUPPORTS

Zoning changes require a TWO-THIRDS MAJORITY VOTE

Vote taken by ELECTRONIC DEVICE (EDev)
YES: 149
NO: 1
ABSTAIN: 2
MOTION CARRIES

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ARTICLE 7: Amend Zoning Bylaw and Map — 186 Bedford Street (Owner Petition)
To see if the Town will vote to amend Chapter 135, the Zoning Bylaw, of the Code of the Town of Lexington, and the Zoning Map of the Town of Lexington, by changing the zoning district designation of Lot 68 of Assessor's Map 64 located at 186 Bedford Street from the current RS Zoning District (Single Family Dwelling District) to a Planned Development District (mixed-use, commercial & residential) or to act in any other manner relative thereto.

The Applicant, 186 Bedford Street, LLC, proposes to renovate the main building and barn, to partially demolish the wing that was built in 1969, and to construct a 2.5-story addition with related site improvements.

This Article was referred back to the Planning Board at 2019 Annual Town Meeting. The pertinent documents about this project (since April), including PSDUP revision/s, related MOUs, agreements, have been posted to PB's page of the Town's website HERE.

MOTION is HERE
PB's Report is HERE
Article 7 MOU is HERE
Applicant's Presentation is HERE

SB: 5-0 in SUPPORT
PB: 5-0 in SUPPORT
Housing Partnership Board: in SUPPORT
Housing Assistance Board: in SUPPORT
Chamber of Commerce: in SUPPORT
Commission on Disability: in SUPPORT
Economic Development Advisory Committee: in SUPPORT

Questions and Comments:
NOmic TMM/P8: Remains opposed to this project. Not opposed to affordable housing or mixed-use.
YESmic TMM/P8: Good arguments on the other side, but there are trade-offs worth supporting this project that outweigh any downside.
TMM with Question: How many units would be counted as affordable?
Town Mgr James Malloy: 13
TMM/P8: We were told at the first meeting at Knights of Columbus that Mr. Grant understood the Selectmen had their support. Is it true that Selectmen can have that weight before hearing from resident?
Select Board chair Lucente: Short answer is no. Following discussion, support for the concept. We don't always "rubber stamp".
Citizen's mic: is a direct abutter to this project, is opposed to the negative impact.
Citizen mic: citing small size of lot, urges TMMs to oppose the project.
TMM: How does the rental rates work for the four affordable units?
Mr. Grant: Six paragraphs in the MOU, submitted as part of the site plan review, State Dept. of Housing
YESmic TMM/P9: particular site ideal for mixed-use developments
TMM/P3: What's going to happen to the current Ciampa property?
Mr. Grant: Dictated by CN zoning
Citizen mic: Massing is too large, buffer zone too small.
YESmic TMM/P4: Benefits outweigh its burdens.
TMM/P4: Guarantees that we'll get the pretty picture shown to us?
Town Counsel: All of the details in the PSDUP would be part of the Zoning.
Citizen mic: Chamber of Commerce supports and urges TM to support it
YESmic TMM/P9: A previous supporter spoke to "smart growth"
YESmic TMM/P6: have friends and family who live on Reed Street. There are commercial buildings there and there are residences there already. This is an appropriate use of this site.
TMM/P8: Will there be any parking be covered?
Doug Hartnett, Highpoint Engineering: None
Mr. Hornig, Planning Board: Abutters would be contacted, public input, for substantive changes
NOmic: calls the Question

Vote to Call the Question by Voice (VV): passes by VV

Zoning changes require TWO-THIRDS MAJORITY VOTE

Vote taken by EDev
YES: 132
NO: 24
ABSTAIN: 3
MOTION CARRIES

—
Glenn Parker, Appropriation Committee (AC) Chair, MOVES that the AC's Report be received and placed on file under Article 1.

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ARTICLE 3: Appropriate to and from Specified Stabilization Funds (budget adjustment)
Lexington's first Stabilization Funds (SFs) were established at the 2007 Annual Town Meeting.  (ATM/TM) TM may create a specified SF, alter a Fund's specified purpose, or make an appropriation from a Fund by a two-thirds majority vote. Appropriations into specified SFs are approved by a simple majority vote. This Article requests the appropriation of funds into three of the Town's specified SFs whose funding and purposes are summarized below by the AC in their report:

• Traffic Mitigation SF is funded by commitments from developers to mitigate the impacts of rezoning. It supports, in whole or in part, projects to improve the Town's transportation infrastructure, such as street intersections, traffic signals, etc.
• Transportation Demand Management SF is funded by commitments from developers. Initially created to support Lexpress, the Fund's purpose has since been broadened to support "the planning and operations of transportation services to serve the needs of town residents and businesses." It now funds the Lexpress bus service and the Town's contribution to the REV Shuttle.
• Capital SF holds funds that TM has set aside for future capital projects of the Town.

MOTION is HERE

SB: 5-0 APPROVE

AC: 8-0 in SUPPORT
CEC: 6-0 in SUPPORT

No Comments or Questions

Requires a MAJORITY VOTE

Vote taken by Electronic Devices (EDev)
YES: 150
NO: 0
ABSTAIN: 2
MOTION is APPROVED

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ARTICLE 8: Appropriate Funding for 25% Design of the Route 4/225 Bedford Street-Hartwell Avenue-Wood Street Transportation Improvement Project
To see if the Town will vote to appropriate $1.6M to develop 25% design for a major transportation improvement project to include:

• on- and off-ramps of I-95
• Bedford Street and Hartwell Avenue intersection
• minor improvements on Wood Street
• sidewalks or multi-modal path and bike lanes on both sides of the roadways
• safe pedestrian accommodations and crossings

This is the first step of a multi-million dollar project (~$49M) slated for completion with Massachusetts Department of Transportation (Mass DOT). The goal is to create a safe street for all users (pedestrians, cyclists, motorists). A future request for the Town to fund through 100% design (Plans, Specifications, and Estimates) would follow at a later Town Meeting. Funding request for 25% design now will enable the Town to stay on the state's Long Range Transportation Plan to eventually obtain external resources to fund construction costs to bring the project through completion.

MOTION is HERE

PB's Letter of Support to Select Board is HERE

Presentation is HERE

Town's FAQ is HERE

Area Map showing estimated project limits, HERE

Town Manager Jim Malloy with the presentation.

CEC: 5-1 RECOMMENDS APPROVAL

AC: 8-0 RECOMMENDS APPROVAL

PB: 5-0 RECOMMENDS APPROVAL

Comments & Questions
TMM/P6: How is Bedford involved?
TMgr: Invited Bedford TMgr to the beginning of this process
NOmic TMM/P6: Prop Dept Exclusion?
Select Board Member Pato: No plans as yet
TMgr: Prop 2.5 isn't supposed to be part of this MOTION.
SB Pato MOVES to STRIKE the Prop 2.5 language in the MOTION:

[From "...provided that no sums shall be borrowed or expended pursuant to this vote unless the town shall have voted to exclude the amounts needed to repay any borrowing pursuant to this vote from the limitations on the property tax levy imposed b y M.G.L. Chapter 59, section 21C (otherwise known as Proposition 2 ½.."]

TMod calls for a VV on the proposed amended language TO STRIKE in the MOTION: the ayes have it

TMM/P8: I look to the opinions of the finance boards. Disappointed to hear the CEC voted 5-1.
NOmic TMM/P6: Process. We should have the public process before voting on funding.
TMM/P8: Bus lanes?
TMgr: It's too premature, no studies as yet.
YESmic TMM/P2: Runs in parallel with Hartwell Avenue rezoning initiative: Police Station, High School getting into the pipeline soon...time is now.
Qmic TMM/P6: Used to seeing a scope of work associated with design funding. Will it have to follow the 25% scope of work?
TMgr: There is a section of Mass DOT's design guide, cannot do less than that, can do more.
Qmic TMM/P6: Clarify comments -- is there any risk in waiting til Spring or Fall?
TMgr: Looking at the Hartwell Avenue initiative, trying to do something about transpo in advance of rezoning.
YESmic TMM/P7: Have been working on this project for 35 years...if we don't act now, wel'' still be trying to do this 35 years from now...
Citizen mic: Chamber of Commerce is in Support
Qmic TMM/P2: Next phase of study?
TMgr: about 2024
YESmic TMM/P7
Qmic TMM/P6: What is in the plan that was objected to from the state?
Town Engineer John Livesy: Round-about design at the jug-handle would not process enough of the vehicles.

Voting on the AMENDED MOTION REQUIRES TWO-THIRDS MAJORITY:
YES: 139
NO: 13
ABSTAIN: 3
MOTION CARRIES, REVISED MOTION IS ADOPTED

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ARTICLE 6: Amend Zoning Bylaw to Restrict Automatic Teller Machine (ATM) as Principal Use in the Center Business District (CBD)
The intent of the Article is to prohibit stand-alone ATMs from being a primary use in the CBD. This requires an amendment to the Zoning Bylaw, Chapter 135, § 3.4, Table 1, Row H.1.07. It would close a loophole for ATM use only  i n store-fronts.

MOTION is HERE
PB Report is HERE
Jerry Michelson, Chair, Lexington Center Committee (LCC) and TMM/P5 with the presentation (which is on the website, but you can't just view, you'll have to download it.)

SB: UNANIMOUSLY SUPPORTS
Lexington Center Committee (LCC): URGES SUPPORT
PB: 4-1 in SUPPORT

Qmic TMM/P6: Why have a stand alone ATM?
Hornig: Town sees ATM as "accessory use", not principal use

TMM/P4: Say CVS wanted an ATM in their store. Accessory use?
LCC: Yes
Citizen mic: Chamber of Commerce: we join the LCC in wanting to see this addressed

Zoning changes require TWO-THIRDS MAJORITY VOTE

Vote taken by EDev
YES: 145
NO: 2
ABSTAIN: 2
MOTION CARRIES

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ARTICLE 9: LED Streetlight Conversion
To see if the Town will vote to appropriate $875,858 for the purposes of acquiring and installing light emitting diode (LED) streetlights to replace existing streetlights in the Town, and for other costs incidental or related thereto. This Article is to fund replacement of 3,000+ streetlights in Town from induction lights to the more energy efficient LEDs (excluding Battle Green and Center areas, which will be improved once Center Streetscape project and Battle Green improvements are implemented.) The town is eligible for a state grant to pay a portion of this conversion cost (approximately 30%).

MOTION is HERE
Jim Malloy Town Manager recognized with the presentation, which is HERE

SB: 5-0 SUPPORTS

CEC: 6-0 RECOMMENDS APPROVAL

AC: 8-0 RECOMMENDS APPROVAL

PB: 5-0 RECOMMENDS APPROVAL

Comments & Questions
TMM/P3: Will all street lights be converted?
TMgr: Yes. All streetlights converted to LEDs
TMM/P2: Will they be bright enough to see by?
TMgr: 3,000 kelvin is what's recommended
TMM/P5: Do we know the life expectency of these lights?
TMgr: 20 years, 25,000 hours
TMM/P8: Replacing by end of May to get rebate?
TMgr: Yes
YESmic: TMM/P6 Calls the Question

VV to call the Q: the Ayes have it

Requires SIMPLE MAJORITY VOTE
Vote taken by EDev
YES: 131
NO: 0
ABSTAIN: 2
MOTION CARRIES

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ARTICLE 2: Appropriate for Prior Year's Unpaid Bills (budget adjustment)
This is an annual article to request funds to pay bills after the close of the fiscal year. The FY19 Budget was closed out in July with only minimal adjustments.

MOTION is that this Article be Indefinitely Postponed (IP).
Select Board Member MOVES for IP

Select Board (SB): UNANIMOUS APPROVE
AC: SUPPORTS
Question from Town Meeting Member/Precinct 6 (TMM/P6):

Requires a SIMPLE MAJORITY VOTE

Voice Vote taken (VV): the ayes have it
MOTION is APPROVED

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ARTICLE 4: Amend FY2020 Operating, Enterprise, Revolving, and CPA Budgets (budget adjustment)
This is an annual Article to permit adjustments to the current budget (approved at 2019 ATM)

MOTION is HERE
Charles Lamb MOVES to appropriate the changes.
SB: UNANIMOUS APPROVAL
AC: UNANIMOUS APPROVAL

No Questions & Comments

Requires a MAJORITY VOTE to pass

Vote taken by Electronic Devices (EDev)
YES: 128
NO: 0
ABSTAIN: 3
MOTION CARRIES

—
Under Article 1: Report of Special Permit Residential District Committee is received and placed on file.

Under Article 1: Report of the ad hoc Crematory Study Committee is received and placed on file.

SB Chair LUCENTE MOVES to DISSOLVE STM 2019
MOTION to DISSOLVE STM 2019 is APPROVED by VV of TMMs

10:30 PM

Sixth Session | 2019 Town Meeting

We're in Battin Hall, Cary Memorial Building
Call to Order comes right at 7:30 PM

A few announcements from Town Moderator (TMod)

Article 2: Report of the Planning Board
MOTION to receive the report and place on file PASSES on a VOICE VOTE (VV)
Ginna Johnson, Town Meeting Member in Precinct5 (TMM/P5) and Planning Board Member with an update on the Comprehensive Plan

Article 38: Amend Zoning Bylaw and Zoning Map, 186 Bedford Street (Owner Petition)
REVISED MOTION that this project be referred back to the Planning Board
MOU is HERE
Handout is HERE
Presentation is HERE
Planning Board's Report on Article 38 is HERE, placed on file by VV
RECOMMENDATIONS:
Planning Board (PB): Supports referral back to PB
Select Board (SB): Unanimous support to refer back
Capital Expenditures Committee (CEC):
Appropriation Committee (AC):
Question Mic (Qmic) TMM/:P7 Please highlight the areas to be further refined
PB: Our report outlines what we are happy with and what we think is needed.
YESmic: TMM/P4 Cites 'Overlay Districts' under MGL Ch.40R; hopes Town will adopt before taking this up again, perhaps in the Fall
YESmic: TMM/P8
No further questions
VOTE on the REVISED MOTION is a simple majority:
YES: 160
NO: 2
ABSTAIN: 2
MOTION as REVISED CARRIES

Reconsideration of Article 28 (due to a technical correction): Confirm Street Acceptance and Title (Portion of Pelham Road)
James Malloy, Town Manager this correction address a concern raised by Town Counsel
VOTE to RECONSIDER Article 28 PASSES on a VV
SB Chair MOVES to remove 9 words in the original MOTION (removes 'on file in the office of the Town Clerk'
VOTE on Reconsidered Article 28 requires simple majority and PASSES on a VV

Debate continues on remaining parts of Article 16 (g,h,i,m,n,o,p): Appropriate for Municipal Capital Projects and Equipment
MOTION (all parts), HERE
Article 16g (removed from Consent Agenda): Sidewalk Improvements
RECOMMENDATIONS:
SB: Unanimously supports
Appropriation Committee (AC): Unanimously supports
Capital Expenditures Committee (CEC): Unanimously supports
Question mic (Qmic): What color will the ramps be?
Town of Lexington (ToL): Concrete with the brick red panel
No further Qs requires 2/3 majority:
YES: 159
NO: 0
ABSTAIN: 2
MOTION CARRIES

Article 16h: Hill Street New Sidewalk Project; presentation is HERE
RECOMMENDATIONS:

SB: support

CEC: support

AC: support

Qmic: TMM/P8: What's the timeframe for completion?

ToL: On the golf course side by next construction season

YESmic: TMM/P8

Citizen's mic (Cmic): Resident urges support

Qmic: TMM/P8 What's the process for determine sidewalk?

ToL: The process begins with a submittal to the transpo safety group; is it buildable? From there, a survey to determine if Town owns land to put in a sidewalk

Qmic: TMM/P8: Seems we have a queue. We have a process. What prevents from building more sidewalk?

ToL: Financial aspect to do more than one in a year; also bandwidth for the Town and for the Public

YESmic: TMM/P5 

Qmic: TMM/P4 Cost is about $400/foot of asphalt, why so high?

ToL: With a 5-foot width; some unique and challenging aspects on Hill Street -- steep slopes that require retaining walls, sloping issues

No further Qs (2/3 majority):

YES: 164

NO: 0

ABSTAIN: 1

MOTION CARRIES

Article 16i: Equipment Replacement (DPW); presentation is HERE

RECOMMENDATIONS:
SB: support
AC: support
CEC: support
VOTE requires 2/3 majority:

YES: 164
NO: 0
ABSTAIN: 1
MOTION CARRIES

Proposal to take three Articles together:
Article 16m: Municipal Technology Improvement Program
Article 16n: Application Implementation

Article 16o: Network Core Equipment Replacement
All three have support of SB and the financial committees (AC, CEC)
No Qs

VOTE requires simple majority for Article 16m,n,o:
YES: 165
NO: 0
ABSTAIN: 1
MOTION CARRIES

Article 16p: Electric Vehicle (EV) Charging Stations; presentation is HERE
SB and Finance Committees support
Qmic: TMM/P8 People charged or free service?
SB Member Hai: Users will pay for the cost of electricity as well as parking fee
YESmic: TMM/P2
Qmic: TMM/P3 What is the power that is going to be charging?
ToL: 240KW
Qmic: TMM/P3 Do you have plans to upgrade through Eversource? That's very slow charging rate
ToL: Current electrical output supports a Level 2 charger; depends where Eversource goes with this
Qmic: TMM/P3 Can they charge more rapidly with a higher charger?
SB Member Sandeen: Eversource's program is to charge Level 2 charges; Level 3 chargers are in special areas, like on the MassPike; can't be supported in Town Center
Qmic: TMM/P3 How will the metering be charged?
ToL: Charging stations have a charge point card or app and the Town can adjust the rates and get the appropriate amount of money over time
YESmic: TMM/P8
CALLS THE QUESTION
PASSES
VOTING is a simple majority:
YES: 164
NO: 2
ABSTAIN: 2
MOTION CARRIES

Article 20e: Appropriate for Lexington High School Field House Track Resurfacing

MOTION is HERE

Presentation is HERE
RECOMMENDATIONS:
SB: Unanimously supports
AC: Unanimously supports all items
CEC: Unanimously supports remaining parts
School Committee (SC): Unanimously supports
Qmic: TMM/P6 Q about safety
ToL: Tour of facility; researched time is now
Qmic: TMM/P6 is also an Assistant Coach for LHS Track. Is this just the track or Basketball?
ToL: Just the Track
VOTE on Article 20e requires simple majority
YES: 164
NO: 0
ABSTAIN: 1
MOTION CARRIES

Article 20h: Appropriate Design Funds for a Feasibility Study to Improve the Cary Library Children's Room

Presentation for Article 20h, HERE
RECOMMENDATIONS:
SB, AC, CEC are all in Unanimous Support
Qmic: TMM/P3 Support columns cost?
ToL: Don't want to comment on that yet until we understand the program
Qmic: TMM/P6 Estmated cost of $2.2M. What are likely outcomes based on what we know?
Koren Stembridge, Cary Library Director: Teen spaces was about $1.1M that didn't require structural changes. We'd like to scoop out the U-shape into more of a Square with improved sightlines. One of the busiest spaces. Want to have better flexibility and safety. Haven't invested since built/renovated in 2005
CEC: Call attention to the footnote to a capital campaign
Qmic: TMM/P6 Inadequate space. Where will that space come from?
Stembridge: We need to reallocate the space so that it is flexible (within the footprint)
YESmic: TMM/P8
YESmic: TMM/P2
Qmic: TMM/P8 Will the Memorial plaque remain in the Children's Room following rennovation?
Stembridge; Yes
No further Qs
VOTE on Article 20h requires simple majority
YES: 161
NO: 1
ABSTAIN: 3
MOTION CARRIES

Reconsideration of Article 39: Amend Zoning Bylaw—Limited Site Plan Review (Citizen Article)
MOTION to reconsider requires 2/3 VOTE because notice wasn't offered within 30 minutes of the initial vote
RECOMMENDATIONS ON REOPENING THE ARTICLE:
SC: Unanimously supports
PB: 4-1 OPPOSES REOPENING
SB: 5-0 SUPPORTS REOPENING
CEC: 5-1 IN SUPPORT OF RECONSIDERATION
Qmic: Does the MM school fall under the purview of Town Land
ToL: it does not
YESmic: TMM/P4
Qmic: TMM/P8 Proponent did not realize the impact on LPS?
Proponent: Had not considered LPS would be impacted by the Article
YESmic: TMM/P6
Cmic: Thinks there's no harm in keeping the Article in place
YESmic: CALLS THE Q
DEBATE IS CLOSED ON A VOICE VOTE
VOTE to RECONSIDER REQUIRES 2/3 MAJORITY:
YES: 137
NO: 19
ABSTAIN: 5
MOTION TO RECONSIDER PASSES
MOTION to AMEND Article 39:
Qmic:
YESmic:
NOmic:
VOTE on (RECONSIDERED) ARTICLE 39:
AMENDED MOTION adds language: [A New Part:] 6. Notwithstanding any other provision of this chapter the use of land or structures for educational purposed by the Lexington Public Schools on land owned or leased by the Town of Lexington or the Lexington Public Schools shall not be subject to site plan review pursuant to §9.5
PB: 4-1 OPPOSES AMENDMENT
SB: 4-1 SUPPORTS
CEC: 4-2 in SUPPORT
Qmic: TMM/P3 Does the PB have the bandwidth to undertake this?
PB: Yes
YESmic: TMM/P8
Qmic: TMM/P1 asks about GC districts, building heights
TMM CALLS THE QUESTION
THE AYES HAVE IT BY VV
Final comments
VOTE on Article 39 AMENDMENT requires simple majority
YES: 120
NO: 34
ABSTAIN: 6
MOTION CARRIES

VOTE on AMENDED Article 39 to change the Zoning Bylaw requires 2/3 majority
YES: 139
NO: 12
ABSTAIN: 8
MOTION CARRIES

Article 27: Appropriate for Authorized Capital Improvements
MOTION is HERE
Presentation is HERE
RECOMMENDATIONS:
SB: 5-0 support
CEC: 4-2 in support
AC: 6-2 in support
Tourism Committee: Unanimously in support
SB Member Lucente is RECUSING
MOTION to AMEND will be for an A Part and a B Part:
Insert "a)" before the current language of the MAIN MOTION under the article and furthermore Insert "b)" That the town make a supplemental appropriation of $117,100, and authorize an increase by said amount in the appropriation made under Article 10 of the 2018 annual Town meeting, for the Center Track and Field Reconstruction, so that the total appropriation authorized by Town Meeting for these purposes by $3,457,100, and to meet this supplemental appropriation that $58,550 be appropriated from the Recreation Enterprise Fund
SB: Opposed
CEC: Opposed
AC: Opposed
SC: Opposed
Cmic has a long line of students there to speak in support
YESmic: TMM/P1
NOmic: TMM/P7
Qmic: TMM/P9 Are there grass sites for track throwing events?
ToL: Yes, on natural grass at center complex
Cmic: Resident opposes amendment
NOmic: TMM/P5
Qmic: TMM/P1 Health risks on synthetic turf?
ToL: Peer reviewed scientific studies show no negative effects
Qmic: Lincoln ever tested for toxic materials?
ToL: Yes, all tests came back that materials are safe
Qmic: TMM/P1 How is synthetic turf recycled?
ToL: Not returned to landfills, recycled into other products
Cmic: Resident is a Student at LHS and is a hammer thrower on the Track Team. Needs a Hybrid field to play on. Same for Javelins. Synthetic turf is much hotter.
TIME IS EXPIRED
Final comments
MOTION to EXTEND DEBATE FAILS by a VV
VOTE on ARTICLE 27 to AMEND to add the "A" part and also the "B" parts to the MOTION requires simple majority:
YES: 38
NO: 104
ABSTAIN: 6
MOTION to AMEND FAILS
Back to the original MOTION
There were Qs
No further Qs
FINAL VOTE on ARTICLE 27 requires 2/3 majority:
YES: 129
NO: 13
ABSTAIN: 4
MOTION CARRIES

No further business from previous nights
MOTION to DISSOLVE 2019 TOWN MEETING PASSES by a VOICE VOTE
2019 Town Meeting is DISSOLVED
TIME OF DISSOLUTION: 10:40 PM

⸻⸻⸻

Image credit: Town Meeting Members use an electronic voting device to record their votes on most Articles; other votes are taken by Voice Vote. View the record of their 2019 Town Meeting votes to date HERE ~ mas

Article 43: Banking & Real Estate Service

Meeting called to order

Sound checking the new sound system

Attendance tonight (now): 140/198

Town Moderator (TMod) calls a brief recess so that Town Meeting Members' Association (TMMA) can make a few announcements

Three TMMs are acknowledged for
their service to the Town as elected representatives for 30 yrs or more: Janet Perry, Shirley Stoltz, and Ed Grant. Each receives a certificate and Seal of Lexington pin.

Meeting is back in session

Meeting is open on Article 2: Reports of Boards and Committees

Richard Canale for the Planning Board: Moves amended Article 43; TM approves

Meeting is now open on Article 43: Banking & Real Estate Service. This article would delete the sections of the bylaw related to the banking moratorium established by the 2015 Annual Town Meeting while proposing a special permit from the Zoning Board of Appeals (ZBA) to establish, move, or expand banking and real estate service business in center storefronts in the Center Business (CB) District.

Seven criteria for the ZBA to look at to make findings before issuing a permit for [another] bank in the CB. Criteria have to do with where they're located [proposed] - - several banks are clustered together right now, by right. A special permit with very specific and stringent criteria.

Planning Board: unanimously supports this article

Board of Selectmen: unanimously supports

Lexington Center Committee: wholeheartedly supports

TMM Q: Concerned by criteria c - "undue concentration"

A: The ZBA would need to take a look at the proposed use of the streetscape and see what effect it will have on the CB vibrancy

TMM: on g: "adjacent to the storefront"

A: Gives us the best chance to "strengthen"

TMM: I find this confusing and will offer an amendment

TMM Q: One of the criteria the use will not be used for office or conference space - not typical for banks...

A: Please clarify

TMM: Do you really mean that it will not contain those things?

A: The bank will have all of those things inside, ZBA needs to look to make sure that storage (e.g.) will not be in the front windows

TMM Q: Does the ZBA feel these are sufficient guidelines?

A: [Chair of ZBA, Jeanne Kreiger] ZBA has not taken a position on this article; Chair feels the criteria is sufficient

Amendment is offered by TMM to change "the area adjacent to the storefront" to "the interior area of the property adjacent to the storefront"

Planning Board already looked at this language and didn't feel that it helped. We do not support changing the language at this time.

Board of Selectmen: agrees with Planning Board that this is not a necessary amendment

TMod looking for statements, questions to amend:

TMM Q: Is that amendment specific enough?

A: add a subsection - - 2g, gg (e.g.)

Appropriation Committee (AC) asks Town Counsel if the amendment clarifies

Town Counsel thinks this amendment clarifies

TMod calls for a Vote to AMEND

Yes-89
No-64
Abstain-8
APPROVED

Back to debate on the MOTION as AMENDED

TMM Q: Office Space or meeting with a customer?

A: That would be determined by the ZBA as to a specific proposal

TMM calls Question [to end debate]
The Ayes have it

Vote on the MOTION as AMENDED (requires 2/3 majority)

Yes=154
No=13
Abstain=2
APPROVED