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HomeMy WebLinkAbout1972-03-06-TE-Warrant-and-1972-03-20-ATM-Warrant TOWN WARRANT Town of Lexington Commonwealth of Massachusetts Middlesex, ss. To either of the Constables of the Town of Lexington, in said County, Greeting: 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, ADAMS SCHOOL; PRECINCT THREE, CARY MEMORIAL BUILDING; PRECINCT FOUR, SENIOR HIGH SCHOOL; PRECINCT FIVE, CENTRAL FIRE STATION; PRECINCT SIX, MARIA HASTINGS SCHOOL, on Monday, the sixth day of March, A.D. 1972, at 7:00 o'clock A.M., then and there to act on the following articles: ARTICLE 1. To choose by ballot the following Town Officers: Two Selectmen for the term of three years; One member of the School Committee for the term of three years; One member of the Planning Board for the term of five years; One Moderator for the term of one year; One member of the Lexington Housing Authority for the term of five years. Fourteen Town Meeting Members in Precinct One, the eleven receiving the highest number of votes to serve for the term of three years, and the two receiving the next highest number of votes to fill unexpired terms ending March, 1974 and the one receiving the next highest number of votes to fill an unexpired term ending March, 1973; Eleven Town Meeting Members in Precinct Two, for the term of three years; Eleven Town Meeting Members in Precinct Three, for the term of three years; Twelve Town Meeting Members in Precinct Four, the eleven receiving the highest number of votes to serve for the term of three years, and the one receiving the next highest number of votes to fill an unexpired term ending March, 1974; Thirteen Town Meeting Members in Precinct Five, the eleven receiving the highest number of votes to serve for the term of three years, and the two receiving the next highest number of votes to fill unexpired terms ending March, 1973; Twelve Town Meeting Members in Precinct Six, the eleven receiving the highest number of votes to serve for the term of three years, and the one receiving the next highest number of votes to fill an unexpired term ending March, 1974. -2- To vote YES or NO by ballot on the following question: Shall licenses be granted in this town for the operation, holding or conducting a game commonly called beano? YES NO The polls will be open at 7:00 A.M. and will remain open until 8:00 P.M. You are also to notify the inhabitants aforesaid to meet in Cary Memorial Hall in said Town on Monday, the twentieth day of March, 1972, at 8:00 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. ARTICTF 2. To receive the reports of any Board of Town Officers or of any Committee of the Town. ARTICLE 3. To appoint or provide for the appointment of the Committee on lectures under the wills of Eliza Cary Farnham and Susanna E. Cary. ARTICLE 4. To see if the Town will make appropriations for expenditures by departments, officers, boards, and committees of the Town for the ensuing year and determine whether the money shall be provided by the current tax levy or by transfer from available funds, including any special Hands, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICi.F 5. To see if the Town will vote to authorize the Town Treasurer, with the approval of the Selectmen, to borrow money from time to time in anticipation of the revenue for the financial years beginning January 1, 1972 and January 1, 1973, and to issue a note or notes therefor, payable within one year, in accordance with provisions of General Laws, Chapter 44, Section 4, and to renew any note or notes as may be given for a period of less than one year, in accordance with the provisions of General Laws, Chapter 44, Section 17; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -3- ARTICLE 6. To see if the Town will transfer unexpended appropriation balances in any of the accounts to the Excess and Deficiency Account, or to other accounts suitable for such transfer under Chapter 44 of the General Laws; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 7. To see if the Town will raise and appropriate money to pay any unpaid bills rendered to the Town for prior years; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICrF 8. To see if the Tbwn Will appropriate a sum of money for the Reserve Fund as provided by Section 6 of Chapter 40 of the General Laws, and determine whether the money shall be provided by the current tax levy, by transfer from available funds, including the Reserve Fund - Overlay Surplus, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 9. To see if the Town will authorize the Selectmen to petition the Director of Accounts of the State for an audit for the year 1972; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 10. To see if the Town will raise and appropriate funds for the payment of pensions to retired members of the Police and Fire Departments and their dependents under Chapter 32 of the General Laws; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 11. To see if the Town will authorize the Board of Selectmen to appoint one of its members to the Board of Appeals, in accordance with Section 4A of Chapter 41 of the General Taws; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -4- ARTICLE 12. 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, drains, streets, or buildings that have heretofore been authorized, and determine whether the money shall be provided by the current tax levy, or by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICIF 13. To see if the Town will vote to install street li -its in such unaccepted streets as the Selectmen may determine prior to the final adjournment of the 1973 Annual Town Meeting; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ABTICLF 14. To see if the Town will authorize the Selectmen to obtain appraisals on and options for land or rights therein that they desire to recommend be acquired by the Town as locations for future streets or for playground or recreational or off-street parking or school purposes, or any combination of said purposes, and will authorize the Selectmen to acquire by purchase, eminent domain, or otherwise, the land or rights therein that are recommended for such purposes; appropriate money for such appraisals, options and land acquisition and determine whether the sane shall be provided by the current 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 Board of Selectmen) ARTICLE 15. To see if the Town will appropriate a sum of money for the development of Westview Cemetery, and determine whether the money shall be provided by the current tax levy or by transfer from available funds, including the Westview Sale of Lots Fund, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) r_ -5- ARTICTF 16. To see if the Town will authorize the Selectmen to install curbing at such locations as they may determine; appropriate a sum- of money for such installation, and determine whether the money shall be provided by the current 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 Board of Selectmen) AR'T'ICLE 17. To see if the Town will vote to install drains in such accepted or . unaccepted streets or other land as the Selectmen may determine, including the widening, deepening or altering the course of brooks, streams and water courses and the construction of new channels in said other land, in accordance with Chapter 263 of the Acts of 1926, as amended, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate money for such installation and land acquisition and determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 18. To see if the Town will vote to install new or replacement 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 current tax levy, by transfer from available funds, including any special water funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -6- ARTICT,F 19. To see if the Town will authorize the Selectmen to construct concrete, bituminous concrete or other sidewalks where the abutting owner pays one-half of the cost or otherwise; appropriate a sum of money for such construction, and determine whether the money shall be provided by the current 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 Board of Selectmen) ARTICT,F 20. To see if the Town will vote to install sewer mains in such accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, as amended, 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 current tax levy, by transfer from available funds, including any special sewer funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 21. To see if the Town will vote to install trunk sewers in such accepted or unaccepted streets or other land as the Selectmen may determine; subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, as amended, 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 current tax levy, by transfer from available funds, including any special sewer funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICT,F 22. lb see if the Town will appropriate a sum of money for highway maintenance under the authority of Chapter 90 of the General Laws, and determine whether the money shall be provided by the current 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 Board of Selectmen) -7- ARTICT,F 23. To see if the Town will appropriate a sum of money for permanent street construction and determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICT,F 24. To see if the Town will appropriate a sum of money for the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works, and determine whether the money shall be provided by the current 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 Board of Selectmen) ARTICLE 25. To see if the Town will authorize the Selectmen to retain engineering services and prepare plans and specifications for the design, construction or reconstruction of streets the laying out, alteration, relocation, widening or reconstruction of which the Selectmen may desire to consider; appropriate a sum of money therefor and determine whether the money shall be provided by the current 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 Board of Selectmen) ARTICLE 26. To see if the Town will raise and appropriate money for the improvement of lowlands and swamps and the eradication of mosquitoes under Chapter 252 of the General Laws or for the eradication of mosquitoes by the Board of Health of Lexington; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -8- AR1iCT,F 27. To see if the Town will appropriate a sum of money to beexpended under the direction of the Board of Health for providing cooperative complementary facilities to the out-patient clinic of the Mystic Valley Children's Clinic established in accordance with the provisions of Chapter 19 of the General Laws in cooperation with the Massachusetts Department of Mental Health, and for providing payment for services rendered or to be rendered by such Clinic; or act in any other manner in relation thereto. (inserted at the request of Board of Health) ARTICLE' 28. To see if the Town will vote to appropriate the total amount of State Aid to public libraries received in 1972 to the Trustees of the Cary Memorial Library to use in improving and extending library services in Lexington; or act in any other manner in relation thereto. (Inserted at the request of Library Trustees) ARTICIF 29. To see if the Town will appropriate a sum of money for engineering services and plans for sewer mains in such accepted or unaccepted streets or other land as the Selectmen may determine, and determine whether the money shall be provided by the current tax levy or by transfer from available funds, or by any combination of these methods; or actin any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 30. To see if the Town will appropriate a sum of money to be expended by the Selectmen as authorized by Chapter 570 of the Acts of 1962 for reimbursing subdividers for part of the cost of constructing ways or installing municipal services, as required by the Planning Board in its approval of definitive subdivision plans under the Subdivision Control Law, of a greater width or size than would be required to serve the subdivision alone, the reimbursement as to any subdivision not to exceed the amount recommended by the Planning Board, and determine whether the money shall be provided by the current 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 Board of Selectmen) -9- ARTICLE 31. To see if the Town will appropriate a sum of money for highway construction under the authority of Chapter 90 of the General Taws, and determine whether the money shall be provided by the current tax levy, or by transfer from available funds, including any funds that may be made available to the Town under the provisions of Chapter 679 of the Acts of 1965, Chapter 616 of the Acts of 1967, or Chapter 768 of the Acts of 1969, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 32. To see if the Town will vote to raise and appropriate a sum of money for the purpose of paying the Town's apportioned share of the operating and maintenance costs for the current fiscal year of the Minuteman Regional Vocational Technical School District consisting of the towns of Acton, Arlington, Belmont, Boxborough, Carlisle, Concord, Lexington, Lincoln, Stow, Sudbury, Wayland and Weston; or act in any other manner in relation thereto. (Inserted at the request of Minuteman Regional Vocational Technical Schobl Committee) ARTICLE 33. To see if the Town will vote to accept the proposed"Amendment No. 1 to the Agreement for the Establishment of the Minuteman Regional Vocational Technical School District" a copy of which is filed with the Selectmen, which amendment would change the composition of the Regional District School Committee from one member from each member town to provide in substance that the Committee shall consist of one member from each member town having a population of 20,000 persons or less, two members from each member town having a population of more than 20,000 but less than 40,000 persons and three members from each member town having a population of 40,000 or more persons, population being determined in accordance with the most recently published Federal census. (Inserted at the request of Minuteman Regional Vocational Technical School Committee) -10- AR'TLCrF 34. To see if the Town will authorize the Permanent Building Committee, appointed under authority of the vote adopted under Article 73 of the Warrant for the 1967 Annual Town Meeting, to retain professional services and prepare final plans and specifications and to obtain bids for the remodeling of and additions to the Cary Memorial Library building and for the original equipping and furnishing of said remodeled building and said addition; appropriate money for such purposes and detem ine whether the money shall be provided by the current 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 at the request of Library Trustees) ARTICLE' 35. To see if the Town will authorize the Permanent Building Committee or some other board or committee of the Town to retain professional services and prepare final plans and specifications and to obtain bids for the remodeling of, and additions to, the Central Headquarters Fire Station; appropriate money for such purposes and determine whether the money shall be provided by the current 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 Board of Selectmen) ARTICIF 36. To see if the Town will appropriate a sum of money for the purchase by or with the approval of the Selectmen of a fire engine for the Fire Department, and determine whether the money shall be provided by the current 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 Board of Selectmen) ARTICTF 37. To see if the Town will vote to appropriate a sum of money for installation of Town owned emergency power generator equipment, and for purchase of accessory equipment and controls therefor, at the Central Headquarters Building and the Fast Lexington Fire Station, and determine whether the money shall be provided by the current 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 Board of Selectmen) (- -11- ARTICTF 38. To see if the Town will appropriate a sum of money for the purchase and installation of additional and replacement equipment for the communications systems of the Town, and determine whether the.money shall be provided by the current tax levy, or by transfer from available funds, including the unexpended balance of the appropriation under Article 39 of the Warrant for the 1966 Annual Town Meeting, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Town Manager) ARTICLE 39. To see if the Town will appropriate a sum of money for the further construction of the Meriam Street off-street parking area and determine whether the money shall be provided by the current tax levy, or by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICTF 40. To see if the Town will appropriate a sum of money for resurfacing with permanent pavement such street or streets as the Selectmen may determine and determine whether the money shall be provided by the current tax levy, by transfer from available funds, including any funds available to the Town under the provisions of Chapter 679 of the Acts of 1965, Chapter 616 of the Acts of 1967 or Chapter 768 of the Acts of 1969, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. -12- ARTICTF' 41. To see if the Town will appropriate a sum of money for the installation of traffic control signals at the intersection of Concord Avenue and Waltham Street and determine whether the money shall be provided by the current tax levy, by transfer from available funds, including any funds available to the Town under the provisions of Chapter 679 of the Acts of 1965, Chapter 616 of the Acts of 1967 or Chapter 768 of the Acts of 1969, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICTF 42. To see if the Town will appropriate a sum of money under the provisions of Chapter 911 of the Acts of 1971 in anticipation of the celebration of the two hundredth anniversary of the American Revolution and determine whether the money shall be provided by the current 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 at the request of Bicentennial Committee) ARTICTF 43. To see if the Town, subject to validation by the General Court, or otherwise, will appropriate a sum of money for the Board of Selectmen or some other board or committee of the Town to retain professional services and prepare preliminary plans and specifications for a permanent memorial for commemorating the two hundredth anniversary of the Battle of Lexington or for commemorating the services and sacrifices of persons who served in the War of the Revolution and will authorize and approve legislation to be filed by the Selectmen therefor, and determine whether the money shall be provided by the current 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 at the request of Bicentennial Committee) -13- ARTICTF 44. To see if the Town will appropriate a sun of money for a current revision of the preliminary plans, engineering survey and layout for the construction and development of recreational facilities on land adjoining the Barrington School, and determine whether the money shall be provided by the current 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 at the request of Recreation Committee) ARTICLE 45. To see if the Town will appropriate a sum of money for the development of paths for walking and bicycling in Willards Woods in such locations as the Recreation Committee with the approval of the Board of Selectmen may determine, and provide for payment thereof by the current 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 at the request of Recreation Committee) ARTICLE 46. To see if the Town will appropriate a sum of money for professional services and to prepare a plan for the development of the Old Res area and to install a permanent water supply to the Old Res and determine whether the money shall be provided by the current 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 at the request of Recreation Committee) ARTICLE 47. To see if the Town will appropriate a sum of money for the further development of the so-called dump area on Lincoln Street and determine whether the money shall be provided by the current 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 Board of Selectmen) (-- -14- ARTICLE 48. To see if the Town will vote to accept a gift in the amount of $300.00, under the will of K. Claudine Foster, "as a perpetual fund to be known as the Mr. and Mrs. William B. Foster Fund, the interest to be used to put plants out on Memorial Day (May 30) of each year" on lot No. 218 in Munroe Cemetery; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICTF 49. To see if the Town will vote to accept a gift under the Thirty-Second Clause of the will of Katharine Harrington, late of Lexington, being a gift of one-sixth of the residue of her estate to the "School Committee of the Town of Lexington, Massa- chusetts, for scholarships for needy children, all monies to be invested and reinvested for ten (10) years. At the end of ten years one-half the income may be used for scholarships and the other one-half invested and reinvested until the total of the two funds shall equal Twenty-Five Thousand (25,000.00) Dollars at which time the funds shall be combined in one permanent fund to be called 'The Harrington Memorial Fund' , the income only from which shall be used annually for scholarships."; and will determine by whom said gift shall be held and administered; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 50. To see if the Town will vote to authorize the Selectmen to accept a gift from Priscilla E. Tarbox of a lot of land on Banks Avenue in Lexington shown as lot numbered 462 on "Plan of Lots at Liberty Heights belonging to J. W. Wilbur", by A. L. Eliot, Surveyor, dated November 19, 1909, recorded in Middlesex South District Registry of Deeds in Book of Plans 182, Plan 41, the deed of conveyance to be subject to restrictions of record so far as the same are now in force and applicable and subject to such outstanding betterment assessments as may be set out or referred to in the vote adopted under this article; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -15- ARTICTF 51. To see if the Town will vote to authorize the Selectmen to accept a gift from Bolt Beranek and Newman Inc. of a lot of land on Hayden Avenue in Lexington shown as lot numbered 288 on Plan No. 19485K filed in the South Registry District of Middlesex County, said gift being subject to the conditions that it be accepted by June 30, 1972 and that any betterment assessments against lot 288 be removed prior to the acceptance of the gift; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 52. To see if the Town will authorize the Conservation Commission to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 68B on Assessors' Property Map 24, owned by Doctor Joseph F. Chabot and Mary Ellen Chabot; and appropriate money therefor and determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Conservation Commission) ARTICLE 53. To see if the Town will authorize the Conservation Commission to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 22 on Assessors' Property Map 23, now or formerly of William Hill and being part of the land formerly known as the Meek property; and appropriate money therefor and determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Conservation Commission) C -16- ARTICLE 54. To see if the Town will authorize the Selectmen to purchase, take by eminent domain or otherwise acquire for school, playground and other public purposes all or any pary of a parcel of land now or formerly of Alfred J. Bevington and Mary E. Stankard, containing 10 acres, more or less, and being all that portion of Lot 54 on Town of Lexington Assessors' Map 31 (including that part of said Lot 54 shown on Assessors' Map 23) which is located southerly of a line approximately parallel to Marrett Road and extending from the intersection of the easterly boundary of said Lot 54 with the common boundary between lots 52 and 53 on said Map 31 to the intersection of the westerly boundary of said Lot 54 with the common boundary between lots 56 and 57 on said Map 31; and appropriate money therefor and deterrune whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 55. To see if the Town will authorize the Conservation Commission to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes as provided by Section 8C of Chapter 40 of the General Lazes, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 92A on Assessors' Property Map 54, now or formerly of John W. Porter, and Lot 106 on Assessors' Property Map 54, now or formerly of Waymint Realty Trust; and appropriate nuney therefor and determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Conservation Commission) (-- -17- ARTICLE 56. To see if the Town will authorize the Selectmen to purchase, take by eminent domain or otherwise acquire for playground, recreation and other public purposes all or any part of a parcel of land on Webb Street now or formerly of Helen I. Pinard, being shown on a plan entitled "Plan of Land Webb Street Lexington, Mass.", dated June 3, 1968, made by William J. Skane, Registered Land Surveyor, filed as Land Court Plan No. 35798A in the Land Registration Office; and appropriate money therefor and determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Conservation Commission) ARTICLE 57. To see if the Town will authorize the Conservation Commission to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 95C on Assessors' Property Map 11, now or formerly of William H. Hamilton, and Lot 96A on Assessors' Property Map 11, now or formerly of Florence Baldwin Trust; and appropriate money therefor and determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Conservation Commission) ARTICLE 58. To see if the Town will authorize the Selectmen to purchase, take by eminent domain or otherwise acquire for school, playground and other public purposes all or any part of the land now or formerly of Alice E. Ashley and Rosamond J. Ashley Savage described in a deed recorded in Middlesex South District Registry of Deeds, Book 11806, Page 284, and all or any part of the land now or forzrrly of Lexington Associates, Inc. described in a deed recorded in said Deeds, Book 8401, Page 98; and appropriate money therefor and determine whether the money shall be provided by the current tax levy, or by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -18- ARTICTF 59. To see if the Town will authorize the Conservation Commission to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land now or formerly of Alice E. Ashley and Rosamond J. Ashley Savage described in a deed recorded in Middlesex South District Registry of Deeds, Book 11806, Page 284, and all or any part of the land now or formerly of Lexington Associates, Inc. described in a deed recorded in said Deeds, Book 8401, Page 98; and appropriate money therefor and determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Conservation Commission) ARTICTF. 60. To see if the Town will authorize the Conservation Commission to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 45 on Assessors Property Map 47, Lot 225 on Assessors Property Map 48, Lot 51 on Assessors Property Map 55, and Lots 55 and 61 on Assessors Property Map 62, being premises adjoining the Vine Brook off Grant Street; and appropriate money therefor and determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Conservation Commission) -19- ARTICTF 61. To see if the Town will authorize the Conservation Commission to purchase or otherwise acquire, and will authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 13 on Assessors Property Map 28, Lots 42, 74A and 75 on Assessors Property Map 29, Lots 11 and 12 on Assessors Property Map 37, and Lots 44, 45, 46, 47, 48, 63, 64, 65, 67 and 68 on Assessors Property Map 38, being premises adjoining the Munroe Brook from Maple Street to Lillian Road; and appropriate money therefor and determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by borrowing, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Conservation Commission) ARTICLE 62. To see if the Town will vote to authorize the Conservation Commission, acting on behalf of the Town, to apply for available state and federal aid in connection with the acquisition of land to be held by the Conservation Commission pursuant to Section 8C of Chapter 40 of the General Laws, or act in any other manner in relation thereto. (Inserted at the request of Conservation Commission) ARTICLE 63. To see if the Town will appropriate an additional sum of money to the Conservation Fund, established by vote under Article 9 of the Warrant for the Special Town Meeting held on June 8, 1964, and determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of Conservation Commission) v C -20- ARTICLE 64. To see if the Town will vote to accept the alteration and relocation of a portion of Bow Street from a point 54 feet, more or less, south of the center line of Mill Brook Drain Easement northeasterly to a point 180 feet, more or less, northeasterly of the center line of said Mill Brook Drain Easement, as altered and relocated by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated July 28, 1971, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate a sum of money for said alteration and relocation and for land acquisition, and determine whether the money shall be provided by the current tax levy, or by transfer from available funds, including any funds that may be made available to the Town under the provisions of Chapter 679 of the Acts of 1965, Chapter 616 of the Acts of 1967, or Chapter 768 of the Acts of 1969, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICT,F 65. To see if the Town will vote to accept the alteration and relocation of Massachusetts Avenue from the northwesterly side line of Depot Square a distance of 138 feet, more or less, northwesterly to the southeasterly side line of Meriam Street as altered and relocated by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 5, 1972, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; appropriate a sum of money for said alteration and relocation and for land acquisition, and determine whether the money shall be provided by the current tax levy, or by transfer from available funds, including any funds that may be made available to the Town under the provisions of Chapter 679 of the Acts of 1965, Chapter 616 of the Acts of 1967, or Chapter 768 of the Acts of 1969, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) _21_ ARTICTF 66. To see if the Town will vote to establish as a town way and accept the layout of as a town way Abernathy Road from Ingleside Road a distance of 661 feet, more or less, easterly to end as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICL,F 67. To see if the Town will vote to establish as a town way and accept the layout of as a town way Birch Hill Lane from Lincoln Street a distance of 948 feet, more or less, northeasterly to end as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; or act in any othermannerin relation thereto. (Inserted by Board of Selectmen) ARTICLE 68. To see if the Town will vote to establish as a town way and accept the layout of as a town way Clyde Place from Ingleside Road a distance of 296 feet, more or less, southerly to end as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 69. To see if the Town will vote to establish as a town way and accept the layout of as a town way Conestoga Road from Wood Street a distance of 794 feet, more or less, easterly to end as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) (" -22- ARTICLE 70. To see if the Town will vote to establish as a town way and accept the layout of as a town way Dudley Road from Goffe Road a distance of 901 feet, more or less, southeasterly to Philip Road as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 71. To see if the Town will vote to establish as a town way and accept the layout of as a town way Goffe Road from Worthen Road a distance of 777 feet, more or less, easterly to Philip Road as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 72. To see if the Town will vote to establish as a town way and accept the layout of as a town way Heritage Drive from Volunteer Way a distance of 1753 feet, more or less, southerly, easterly, and northerly to Volunteer Way as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICi,F 73. To see if the Town will vote to establish as a town way and accept the layout of as a town way Ingleside Road from Maple Street a distance of 2232 feet, more or less, northerly to Clyde Place as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -23- ARTICLE 74. To see if the Town will vote to establish as a town way and accept the layout of as a town way Pheasant Lane from Lincoln Street a distance of 1066 feet, more or less, northeasterly to Birch Hill Lane as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICiF 75. To see if the Town will vote to establish as a town way and accept the layout of as a town way Worthen Road from Pleasant Street a distance of 2069 feet, more or less, northwesterly to the limit of the previously accepted portion of Worthen Road as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICiF 76. To see if the Town will vote to establish as a town way and accept the layout of as a town way Maureen Road from East Street a distance of 503 feet, more or less, southerly to Emerson Road as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 77. To see if the Town will vote to establish as a town way and accept the layout of as a town way Emerson Road from a distance of 140 feet, more or less, east of the centerline of Maureen Road to a distance of 393 feet, more or less, west of the center- line of Maureen Road as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and raise and appropriate money for the construction of said street and for land acquisition; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -24- ARPICLE 78. To see if the Town will ratify, confirm and adopt the action of the Board of Selectmen in accepting on behalf of the Town a deed from Village Development Corporation conveying to the Town a parcel of land containing 21,698 square feet, more or less, and shown as Lot "B" on plan entitled "Village Circle Subdivision Plan of Land Lexington, Mass.", dated May 12, 1969, by E. Conrad Levy & Assoc. ; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICT,r 79. To see if the Town will vote to amend the General By-Taws as follows: A. By striking Section 6. of ARTICTF XXIV and inserting in place thereof a new Section 6. to read substantially as follows: Section 6. No person shall obstruct the free, open and convenient use, by the public for travel, of any sidewalk, street, public parking lot or public place by occupying the same with goods, wares, merchandise or other chattels, or by using the same as a place of resort, amusement, recreation or business, without the written permission of the Selectmen. B. By striking Section 25. of ARTICT.F XXIV and inserting in place thereof a new Section 25. to read substantially as follows: Section 25. (a) Any person or persons desiring to use the Battle Green for any historical, memorial or other performance shall first make written application to the Board of Selectmen who may, in their discretion, issue a permit therefor. (b) No person shall engage or take part in any game, sport or picnic on the Battle Green and no person shall climb upon, deface, mutilate or otherwise injure any tree, shrubbery, monument, boulder, fence, seat or structure thereon, or behave or conduct himself on the Battle Green otherwise than in a quiet and orderly manner in keeping with a respectfUl regard and reverence for the memory of the patriotic service there so nobly rendered. (c) The Battle Green is an historical shrine maintained by the Town for all people to view as a symbol of the "Birthplace of American Liberty." (Inserted by Board of Selectmen) r- -25- ARTICT,F 80. To see if the Town will vote to amend the Zoning By-Law as follows: A. By striking out the words "standard or par-three golf course" in the enumeration of permitted uses in paragraph 25.24 of Section 25 - USE REGULATION SCHEDULE; B. By striking out the words "Skating rinks" in the enumeration of permitted uses in paragraph 25.26 of Section 25 - USE REGULATION SCHEDULE; C. By striking out in its entirety paragraph 25.27 of Section 25 - USE REGULATION SCHEDULE; D. By inserting a new paragraph 25.27 containing in the column captioned "As a Principal Use" the following enumeration: "Facilities for tennis, paddle tennis, badminton, handball, volleyball, basketball and other similar games on fixed courts, ice skating, ice hockey, sledding, curling, ski slopes and lifts, archery, target ranges with adequate noise protection, standard or par-three golf courses, horseback riding, swimming, water polo and other water sports not involving boats; all of the above primarily for participant and not for spectator use" and in the columns captioned by the designations of the several zoning districts the symbol "SPS"; E. By adding in the explanation of the symbol for special permit uses requiring site plan review "SPS" in Section 24 following the word "buildings" the words "or land improvements, including grading and outdoor structures". (Inserted at the request of Planning Board) ARTICT,F 81. To see if the Town will vote to amend the Zoning By-Law by striking out in paragraph 25.63 of Section 25 thereof in the column captioned "As a Principal Use" the words "drive-in restaurants and other places for serving food, except diner or lunch cart;" and by adding at the beginning of paragraph 25.69 of said Section 25 in the column captioned "As a Principal Use" immediately preceding the words "Diners or lunch carts" the words "Restaurants and other places for serving food, including those specializing in drive-in or take-out service". (Inserted at the request of Planning Board) -26- ARTICT,F 82. To see if the Town will appropriate a sum of money to be expended under the supervision of the Planning Board, for professional consultants and for expenses incurred by the Planning Board, to make studies and plans provided for by Sections 81C and 8ID of Chapter 41 of the General Taws of various tracts of vacant lands which the Planning Board expects to be developed, such studies to include, but not to be limited to, suitability of the tracts for development, evaluation of soil conditions, the impact of the proposed development on the tract itself, the adjacent areas and the environment generally, the changes in water table and drainage characteristics, and the modifications, limitations and restrictions necessary or recommended to reduce the undesirable effects of development of such tracts; determine whether the money shall be provided by the current tax levy, by transfer from available funds, or by any combination of these methods; and authorize the Planning Board or the Selectmen on behalf of the Town to apply for and receive any Federal or State grants or reimbursement for which such studies may be eligible; or act in any other manner in relation thereto. (Inserted at the request of Planning Board) ARTICTF 83. To see if the Town will adopt a By-Law authorizing the Selectmen to sell and convey to any public agency or non-profit corporation or cooperative for less than fair market value, but not less than any such minimum amount as may be set in a vote adopted hereunder, any lands now or hereafter taken, or otherwise acquired, for non-payment of taxes, the right of redemption of which has been or shall be foreclosed or otherwise terminated, upon such terms and conditions as the Selectmen shall deem proper and also as they may deem necessary to assure that the lands so conveyed shall be used to provide housing for persons of low or moderate income eligible to be assisted under any government program designed to provide such housing, in which housing such persons may have the opportunity to acquire ownership or equity interests; provided that any such proposed sale or conveyance shall first have been referred to the Planning Board for its report on whether or not such sale -27- or conveyance, and associated proposed developrent, is consistent with local policies concerned with housing and land use and is a suitable development with regard to the area surrounding the parcel to be conveyed or sold, and either such report has been received or forty-five days have elapsed after such reference; and provided further that no parcel of land shall be sold and conveyed under this authorization if its area exceeds 30,000 square feet; and provided further that not more than five such parcels shall be located within any circle 10 acres in area; or act in any other manner in relation thereto. (Inserted at the request of Planning Board) ARTICLE 84 . To see if the Town will vote to amend the Zoning By-Law by changing the zoning of the land described below from RN-multi family dwelling district to RS-one family dwelling district and by revising the Zoning Map and the Zoning District Map to delete said land described below as tracts I and II from RM-multi family dwelling district: Tract. I: beginning at a point in the northerly line of Winthrop Road, said point being at the junction of curves of 583.04 and 2375.37 feet radius; thence generally northeasterly turning to the left by a curve of 29.15 feet radius, a distance of 29.12 feet; thence 17.80 feet N 40° 00' 30" E; thence 86.32 feet N 41° 58' 10" W; thence 339.48 feet N 43° 32' 30" W; thence 179.16 feet N45° 21' 50" E; thence 79.65 feet N 45° 05' 50" E; thence 18.95 feet, more or less, N 41° 36' 00" E; thence 441.37 feet S 72° 27' 57" E by land now or formerly of the Lexington Housing Authority; thence 277.77 feet N 39° 47' 37" E by said housing Authority land; thence 272.64 feet N 19° 22' 50" W by said Housing Authority land; thence 317.22 feet S 79° 22' 50" E; thence generally southwesterly 135.11 feet by a curve of 530.00 feet radius; thence 918.95 feet S 39° 47' 37" W by now or formerly the middle line of the Vine Brook; thence generally westerly 102.26 feet by the northerly line of Winthrop Road to the point of beginning; containing 6.05 acres, more or less; Tract II: beginning at a point in the southerly line of Waltham Street, as relocated by the Middlesex County Commissioners in July of 1925, said point being 156.95 feet N 27° 32' 03" E from the northerly end of a curve of 640.45 feet radius; thence by said -- _28_ line of Waltham St. 34.02 feet, more or less, N 27° 32' 03" E; thence by land now or formerly of the Lexington Arts and Crafts Society, Inc., and by land shown on Land Court Plan 9469-N as lot 17K by two courses 151.89 feet S 79° 24' 57" E and 95.53 feet S 79° 22' 50" E; thence by land now or formerly of the Lexington Housing Authority 103.11 feet S 26° 49' 00" W; thence by said .Housing Authority land 91.74 feet N 63° 11' 00" W; thence 55.63 feet N 26° 49° 00" E; thence 129.95 feet N 79° 24' 57" W; thence turning to the left or more southwesterly 28.94 feet by a curve of 30.00 feet radius; thence 1.5 feet, more or less, N 63° 11' 00" W to the point of beginning; containing 0.26 acre, more or less. (Inserted at the request of Planning Board) ART'1CLF 85. To see if the Town will vote to rescind the authority granted to the Selectmen by vote adopted under Article 99 of the Warrant for the 1970 Annual Town Meeting except so far as it relates to Parcel B and Parcel E conveyed to the Lexington Housing Authority by two deeds dated December 20, 1971, recorded in Middlesex South District Registry of Deeds in Book 12134, Page 637 , and Book 12134, Page 634 ; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICLE 86. To see if the Town will authorize the Selectmen to abandon such portions of the sewer easement and temporary sewer construction easements adjacent thereto in lands of Frederic S. Cohen et ux, Charles K. Chiklis et ux, Peter F. Marciano et ux, Allen I. Shiner et ux and Carl J. Kasabian et ux as are no longer required by the Town, said easements having been acquired by the Town by eminent domain by Order dated May 24, 1971, recorded in Middlesex South District Registry of Deeds, Book 12007, Page 349, and will set the minimum amount to be paid for such abandonment; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -29- ARTICLE 87. To see if the Town will accept Section 22D of Chapter 40 of the General Laws which is an Act authorizing the Selectmen to adopt, amend, alter or repeal rules and regulations relative to the removal of vehicles parked or standing on ways under the control of the Town in such a manner as to impede the removal or plowing of snow or ice or in violation of any rule or regulation which prohibits such parking or standing of vehicles. (Inserted by Board of Selectmen) ARTICT,F 88. To see if the Town will authorize the Selectmen to sell certain equipment and material of the Public Works Department that is no longer required by it; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) ARTICT,F 89. To see if the -Town will vote to extend to a subsequent Town Meeting, the time within which the Data Processing Study Committee, established under Article 43 of the 1968 Annual Town Meeting, shall report; or act in any other manner in relation thereto. (Inserted at the request of Town Manager) -30- ARTICTF 90. To see if the Town will vote to amend the General By-Laws, Article XXIV, Section 7, by adding the following phrase: "except on such as are designated by the Selectmen and marked as bicycle paths or routes." (Inserted at the request of ten or more registered voters) ARTICLE 91. To see if the Town will vote to authorize the Selectmen to sell and convey to Saddle Club Pool Association, Inc., subject to such existing easements and upon such other terms and conditions as the Selectmen may determine, all or any part of Parcel "A" or Parcel "B" as shown on plan entitled " 'Oak Park' - Section II Lexington, Mass.", dated February 28, 1969, revised June 27, 1969, by Joseph W. Moore Co., Inc., recorded in Middlesex South District Registry of Deeds, Book 11752, Page 469, and will set the minimum amount to be paid for such conveyance; or act in any other manner in relation thereto. (Inserted at the request of ten or more registered voters) ARTICLE 92. To see if the Town will authorize the Selectmen to abandon and release such portions of flowage rights taken by the Town by instrument recorded in the Middlesex South District Registry of Deeds, Book 6279, Page 318, as they affect Parcel 1 as shown on a plan entitled "Plan Showing Lands at Butterfield's Pond for a Flood Retarding Basin" by John T. Cosgrove, Town Engineer, dated August 23, 1938, which plan is recorded in said Deeds, Book 6279-, Page 316, which rights are no longer required by the Town, and will set the minimum amount to be paid for such abandonment, or act in any other manner in relation thereto. (Inserted at the request of ten or more registered voters) C -31- ARr'1Cip 93. To see if the Town will vote to amend the Zoning By-Law A. By changing the land bounded and described below from RS - One family dwelling district to RM - Multi Family (garden apartment) dwelling district, by revising the Zoning Map and by adopting a new Zoning District Map No. RM-5 showing land as RM Garden Apartment District: A district on the Easterly side of Bedford Street bounded and described as follows: SOUTHWESTERLY by Bedford Street, 105.25 feet; NORTHWESTERLY by land now or formerly of Carine and Rice, 162.10 feet; SOUTHWESTERLY by land now or formerly of Rice, 125 feet; SOUTHEASTERLY by land now or formerly of Rice, 154.50 feet; SOUTHWESTERLY by Bedford Street, 134.56 feet; NORTH- EASTERLY by land now or formerly of Savage, by a curved line, 38 feet more or less; NORTHWESTERLY by land now or formerly of Savage, 172 feet more or less; SOUTHWESTERLY by land now or formerly of Savage, 133 feet more or less; NORTHWESTERLY by land of owners unknown, 185 feet more or less; SOUTHWESTERLY by land of owners unknown, 100.8 feet; NORTHWESTERLY by land now or formerly of W. E. Stickle, 466.39 feet; NORTHEASTERLY by land now or formerly of Tropeano, 155 feet more or less; EASTERLY by land now or formerly of Boston & Maine Railroad, 575 feet more or less; SOUTHEASTERLY by land now or formerly of Lexington Lumber Company, 492 feet more or less; SOUTHWESTERLY by land now or formerly of Balazy, 65 feet; and SOUTHEASTERLY by land now or formerly of Balazy, 129.80 feet to the point of beginning. B. By adding in Section 22 at the end of subsection 22.4 thereof a new paragraph reading as follows: 22.47 a district between Bedford Street arid' the Boston & Paine Railroad as shown on the Zoning District Map No. RM-5 entitled RM Garden Apartment Districts, designated thereon 22.47. (Inserted at the request of ten or more registered voters) AR'1'1CLF 94. To see if the Town will vote to authorize the Selectmen, or the Conservation Commission, with the approval of the Selectmen, to receive and accept in the nacre and on behalf of the Town a gift for conservation purposes of a certain parcel of land bounded and described as follows: NORTHEASTERLY by land now or formerly of Joseph C. Tropeano, 193 feet more or less; SOUTHEASTERLY by land now or formerly of Kenneth M. Hoffman et ux. , Ralph F. Palmer et ux. , Vincent B. Morrison, Jr. et ux., and James B. Hangstefer et ux. , 521.47 feet; WES'1'LRLY by land now or formerly of Boston and Maine Railroad, 439 feet more or less; NORTHERLY by land now or formerly of John and Rosina Buse, 302 feet more or less. Subject to rights and easements across said parcel, appurtenant to the land adjoining said parcel on the North, for ingress and egress by foot and vehicle and for the installation and maintenance of utilities. (Inserted at the request of ten or more registered voters) i -32- ARTICT,F 95. To see if the Town will vote to amend the Zoning By-Law of the Town of Lexington by adding at the end of Section 22.4 - RM - Multi-family (Garden Apartment) dwelling districts - the following new paragraph: A district off Concord Avenue and northerly of said Concord Avenue, bounded and described as follows: Commencing at a point in the Northeasterly line of Concord Avenue at land of Foster, at the end of a face wall and one hundred fifty-eight and 73/100 (158.73) feet, Southeasterly from the County Commissioners stone bound; thence running North 30 degrees 34' 30" East, one hundred thirty-two and 15/100 (132.15) feet by said land of Foster to a drill hole in the base of a set wall; thence turning and running North, 43 degrees, 48' West, along said land of Foster, seventy-nine and 9/10 (79.9) feet to a drill hole; thence running North, 30 degrees, 6" West by said land of Foster thirty-one and 9/10 (31.9) feet to a drill hole at a corner; thence turning and running North, 37 degrees, 23' East, along land of said Foster seventy-three and 9/10 (73.9) feet to a point; thence running North 17 degrees, 23' East, by said land of Foster seventeen and 2/10 (17.2) feet to another point; thence running North 43 degrees, 10' East along said land of Foster, three hundred ninety-six and 8/10 (396.8) feet to a point in the stone wall; thence continuing by said land of Foster North 42 degrees 9' East, one hundred seventy-seven and 3/10 (177.3) feet to a corner in a stone wall at land of Bedell; thence turning and running South 50 degrees, 20' , 30" East by land of Bedell, two hundred ninety-eight and 95/100 (298.95) feet to a cross wall; thence running South 56 degrees East, by said land of Bedell, two hundred sixty-four and 6/10 (264.6) feet to a corner; thence turning and running South, 40 degrees, 58' West by land of Condon, thirty-three and 5/10 (33.5) feet to a cross wall; thence running South 58 degrees, 16' , 20" West by said land formerly of Condon and by land of Fuller, five hundred ninety and 9/10 (590.9) feet to -33- a point in said wall; thence running South, 57 degrees, 28' , 30" West by land of Staples, one hundred five and 9/10 (105.9) feet to a point in said wall; thence running South 55 degrees, 38' West, by land of said Staples, ninety-nine (99) feet to a bend in said wall; thence turning slightly and running South, 36 degrees, 40' West, by said land of Staples five and 8/10 (5.8) feet to Concord Avenue; thence turning and running North 61 degrees, 57', 30" West, by said Concord Avenue, one hundred thirty- six and 10/100 (136.10) feet to a point in the North-Easterly line of said Concord Avenue; thence running North 63 degrees, 30' West by said Concord Avenue, seventy-four and 50/100 (74.50) feet to the point of beginning. The above land is shown on 'Plan of Land in Lexington, owned by S. Louise Foster, May 1916', Henry F. Beal, C.E., and recorded with Middlesex South District Registry of Deeds. Said land is also shown as Lot 32 on Assessors Property Map #10 of the Town of Lexington and contains a land area of approximately 7.921 acres. The land belongs to Nishan Haroian and Elizabeth D. Haroian, husband and wife, as tenants by the entirety, both of Lexington, Massachusetts. (Inserted at the request of ten or more registered voters) ARTICLE 96. To see if the town will appropriate money for the construction of two tennis courts at Diamond Junior Iiigh School and determine'whether the same shall be provided by the current 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 at the request of ten or more registered voters) -34- ARTICLE 97. To see if the Town will vote to amend the Zoning By-Law by changing the zoning of the land described below from CH-hotel, office and research park district to C.G. general business district and by revising the Zoning map and Zoning District Map #C.H. 1, thereby adopting a new Zoning District Map #C.G. 10 to show said land described below as a C.G. general business district. Land bounded and described as follows: Northeasterly by the Southwesterly line of Bedford Street three hundred twenty-three and 10/100 (323.10) feet. Southeasterly by land of Lexington Chalet, Inc. one hundred fifty-eight (158) feet. Southwesterly three hundred (300) feet. Northwesterly one hundred sixty (160) feet. (Inserted at the request of ten or more registered voters) ARTICLE 98. To see if the Town will vote to amend the General By-Laws by substituting for Section 25 of ARTICLE XXIV thereof a new Section 25 to read substantially as follows: Section 25: The Battle Green (a) Subject to the provisions of this section and of Section B of Article XXV of these By-Laws, the Battle Green shall be freely and continuously open for the lawful use, enjoyment, and inspiration of all. Portions of the Battle Green may, by order of the Board of Selectmen, be temporarily withdrawn from public access for necessary repair or maintenance. CO) Any person or persons desiring to use the Battle GreenSfor any public meeting, performance, or similar organized activity, which will fully occupy the Green or any substantial portion thereof over a period of time, shall first make written application to the Board of Selectmen in such form (including reasonable identification of the applicant or applicants) as the Board may prescribe. The Board shall grant permission as requested unless refusal is reasonably deemed necessary for the protection of public health or safety or the safety of persons or property; the prevention of excessive or protracted noise at unsuitable hours; the protection of the Green against physical deterioration from excessively intense or concentrated use; or the avoidance of conflict with previously scheduled activity. The reason or reasons for any refusal of permission shall be stated in the public record. (c) No person shall climb upon, deface, mutilate or otherwise injure any tree, shrubbery, monument, boulder, fence, seat or structure on the Battle Green or there behave or conduct himself otherwise than in a peaceful and orderly manner in keeping with a respectful regard and reverence for the memory of the patriotic service and sacrifice there so nobly rendered. (Inserted at the request of ten or more registered voters) rr -35- ARTICLE 99. To see if the Town will vote to approve participation by the Housing Authority, as provided by law, in programs administered and financially assisted by agencies of the government of the United States or of the Commonwealth of Massachusetts, designed to provide opportunities to families of low or moderate income to occupy and acquire ownership interests in decent, safe, and sanitary housing, by means which avoid undue geographical concentration of financially assisted housing and allow provisions of such housing in a manner consistent with development existing in districts designated RO, RS, and RT under the Zoning By-Law; to appropriate a sum of money to be expended by the Housing Authority to defray, in whole or in part, the costs of studying, planning, or administering such participation including compensation for personnel required for such studies, planning, or administration; to determine whether such money shall be provided by the current tax levy, by transfer from available funds, or by any combination of these methods; or act in any other manner in relation thereto. (Inserted at the request of ten or more registered voters) ARTICLE 100. To see if the Town will create a study committee to investigate the feasibility of providing public trash collection. The committee shall consist of five (5) citizens; one to be appointed by the Board of Selectmen, one to be appointed by the Planning Board and three to be appointed by the Moderator of whom one will be designated Chairman. (Inserted at the request of ten or more registered voters) ARTICLE 101. To see if the Town will vote to appropriate a sum of money from available funds toward the reduction of the 1972 tax rate; or act in any other manner in relation thereto. (Inserted by Board of Selectmen) -36- 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 seventh day of February A.D., 1972. i airamgade Robert Cataldo, Chairman Selectmen 7 4 12/0/4_, of Fred C - ailey ,• !-� Lexington Alfred/d. BusaL7A,i4fin- (77 Natalie H. Riffin Constable"of Lexington CONSTABLE'S RETURN February 18, 1972 To the Town Clerk I have served the foregoing warrant by posting a printed copy thereof in the Town Office Building, Cary Memorial Building and in a public place in each of the precincts of the Town and also by sending by mail , postage prepaid, a printed copy of such warrant addressed to each dwelling house and to each dwelling unit in multiple dwelling houses, apartment buildings or other buildings in the Town 2 days before the time of said meeting. Constable of Lexington Attest: ✓